ENB - REGION 2 NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice of Proposed Rule making for 6 NYCRR Part 44 Relating To Lobsters And Crabs

Pursuant to the Environmental Conservation Law Sections 13-0329 and 13-0331, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Proposed Rulemaking for 6NYCRR Part 44 relating to lobsters and crabs. This notice will be published in issue 12 of the State Register, dated 3/22/2006.

For further information contact:

Kim McKown
Department of Environmental Conservation
205 North Bellemeade Road
East Setauket, NY 11733
Phone: (631) 444-0454
Email: kamckown@gw.dec.state.ny.us


Notice of Adoption for 6NYCRR Part 40 - Marine Fish

Pursuant to the Environmental Conservation Law Sections 11-1303, 13-0105, 13-0335, 13-0338, 13-0339-a, 13-0340, 13-0340-b, 13-0340-c,13-0340-e, 13-0340-f, 13-0342, and 13-0347. The Department of Environmental Conservation hereby gives notice of the following:

Notice of Proposed Rule Making of Part 40 of Title 6 NYCRR relating to marine fish. This notice will be published in issue 11 of the State Register, dated 3/15/2006.

For further information contact:
Alice Weber
NYSDEC
205 N. Belle Mead Rd, Suite 1
E. Setauket, NY 11733
Telephone: 631-444-0435
E-mail: amweber@gw.dec.state.ny.us


2006 Hudson River Estuary Grants Under the NYS Environmental Protection Fund

ELIGIBLE APPLICANTS ARE MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS LOCATED WITHIN THE GEOGRAPHIC BOUNDARIES OF THE HUDSON RIVER ESTUARY AND ASSOCIATED SHORE LANDS.

Applications will be accepted through May 26, 2006 for grant funding under the Hudson River Estuary Grant program. Anticipated grant funds from the NYS Environmental Protection Fund for State Fiscal Year (SFY) 2006-07, is approximately $1 million. This is a competitive grant program and projects must implement priorities identified in Governor George E. Pataki’s Hudson River Estuary Action Agenda 2005 -2009. The Agenda establishes goals and targets for accomplishments which can be celebrated in 2009 during the Hudson/Fulton/Champlain Quadricentennial. Projects must help achieve or support the goals of the Estuary Action Agenda in one of the following five categories: Community Interpretive Centers and Education; Open Space, Planning, Inventory and Acquisition; Community-based Habitat Conservation and Stewardship, Watershed Planning and Implementation; and Hudson River Access: Boating, Fishing, Swimming, Hunting, Hiking, or River Watching. Projects eligible for state assistance must be located within the geographic boundaries of the Hudson River estuary and associated shore lands. State assistance may fund up to 75 percent of approved project-related costs. The matching share to be provided by the recipient is 25 percent.

Applications are available on-line and can be downloaded and filled in at: www.dec.state.ny.us/website/hudson/hrep.html or for a copy of the application you may contact: NYS Department of Environmental Conservation, 21 S. Putt Corners Road, New Paltz, NY at (845) 256-3016.


Public Notice

Proposed Technical Amendment to the LIS TMDL

In January 2001, the New York State Department of Environmental Conservation ("Department") submitted A Total Maximum Daily Load Analysis to Achieve Water Quality Standards for Dissolved Oxygen in Long Island Sound (hereafter the "LIS TMDL") to the U.S. Environmental Protection Agency. . The LIS TMDL was developed jointly with the Connecticut Department of Environmental Protection ("Connecticut DEP"). In April 2001, the U.S. Environmental Protection Agency ("EPA") determined that the LIS TMDL met the requirements of section 303(d) of the Clean Water Act, and EPA's implementing regulations (40 CFR Part 130) and thereby approved the LIS TMDL. EPA's Approval Letter for the LIS TMDL, (April 3, 2001), .

Table 6 of the LIS TMDL identifies the sum of the New York and Connecticut Waste Load Allocations ("WLAs") from each of 11 management zones. Table 7 of the LIS TMDL contains equivalency factors that identify the relative impact of nitrogen from each zone on dissolved oxygen ("DO") conditions in Long Island Sound. Compliance with the LIS TMDL can be achieved through meeting the WLAs or through new allocations resulting in equal or greater water quality improvements, as defined by the Table 7 equivalency factors. The equivalency factors comprise river delivery factors (the amount of nitrogen discharged to a river segment that makes it the mouth of the river) and Long Island Sound transport efficiencies (the relative impact of nitrogen discharged from a management zone on the hypoxic hotspots). In other words, allocations among facility-specific WLAs can be modified without resubmitting a revised LIS TMDL as long as the new allocations resulted in equal or greater water quality improvements, as determined by the use of the exchange ratios identified in Table 7 of the LIS TMDL document.

The Table 7 transport efficiencies were established from predictions of the "LIS 3.0" water quality model developed in the 1990s. A new model, called the Systemwide Eutrophication Model ("SWEM") has subsequently been developed. The Department recognized early on that SWEM had certain advantages over LIS 3.0 and that the SWEM should be used in the future, once accepted. See Department Response to Public Comments on the LIS TMDL, Modeling Tools on pg 10-11 and Recent/Future Monitoring on pg 24 (January 2001), . In fact, the LIS TMDL cites the application of SWEM as one of the elements to a planned revision of the LIS TMDL. See LIS TMDL, Reassessment on pg 48 and Table 14. SWEM contains a number of technical improvements over LIS 3.0 and has since been reviewed and approved by the Long Island Sound Study for application to Long Island Sound planning and management.

In light of its subsequent approval by the Long Island Sound Study and after consultation with and without objection from Connecticut DEP, the Department hereby proposes a limited amendment to the LIS TMDL to incorporate the insights from SWEM predictions of the relationship between the DO response to nitrogen discharges from zone 8 (the upper East River Management Zone) and zone 9 (the lower East River Management Zone). This limited technical amendment would support the New York City Department of Environmental Protection's ("New York City DEP") development of a long-term nitrogen control program to attain its WLAs for zone 8 and zone 9 discharges, without compromising water quality. The technical amendment would formalize the use of SWEM ratios in meeting the allocations to those zones in advance of a more comprehensive revision of the LIS TMDL. The Department is soliciting public comment on the proposed amendment before submitting it to the EPA for review and approval.

SWEM predicts a greater overall DO response from achieving the zone 8 and zone 9 WLAs than LIS 3.0. SWEM also predicts that the ratio of the transport efficiencies (the relative impact of nitrogen discharged from a management zone on the hypoxic hotspots) between zone 8 and zone 9 is 4:1, compared to the LIS 3.0 transport ratio of 2:1. Therefore, the Department proposes to modify the LIS TMDL Table 7 transport efficiencies for zone 8 and zone 9 to a 4:1 ratio from a 2:1 ratio. New York City DEP would comply with the LIS TMDL through meeting the WLAs or through new allocations using the updates to the Table 7 equivalency factors. This revision to the equivalency factors would only apply to reallocations between zone 8 and zone 9. Because SWEM predicts a greater overall DO response from achieving the zone 8 and zone 9 WLAs than LIS 3.0, this change places no additional burden on discharges from other zones to achieve water quality standards. The timeframe for using this amendment based on a combination of SWEM and LIS 3.0 ratios would be until the anticipated full SWEM technical update (and other technical updates) are incorporated into a complete LIS TMDL revision.

Public comment on the proposed amendment will be accepted for 30 days, through April 7, 2006. Comments should be submitted in writing to Philip O’Brien of Division of Water, 625 Broadway, Albany, NY 12233-3502, or by email at pxobrien@gw.dec.state.ny.us.


Brownfield Cleanup Program

Site Name: West 34th Street Development Project
Site Address: 555 West 34th Street, New York, New York 10001
County: New York
Site No.: C231049
Requestor: Meushar 34th Street, LLC (c/o The Moinian Group)

The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27-1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for investigation of the site indicated above.

NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below.

NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application.

Comments should be submitted by April 14, 2006 to:

New York State Department of Environmental Conservation
Division of Environmental Remediation - Region 2
One Hunters Point Plaza, 1st Floor
47-40 21st Street
Long Island City, New York 11101-5407
Attention: Jane O’Connell

Repository address:

Mid-Manhattan Library
455 Fifth Avenue at 40th Street
New York, New York 10016


Negative Declaration

New York City (Bronx) County - The New York City Planning Commission, as lead agency, has determined that the proposed Van Cortlandt Center will not have a significant adverse environmental impact. The action involves Manhattan College seeking the following discretionary City approvals in connection with Van Cortland Center, a proposed mixed-use development to be constructed at 5935 Broadway (Block 5776, Lot 632) in the Riverdale neighborhood of Bronx, Community District 8:

The applicant is also seeking funding from the Dormitory Authority of the State of New York (DASNY) and the Federal Highway Works Administration (FHWA.)

The proposed Van Cortland Center would contain 388,319 gross square feet of floor area in a 6-story, 72-foot high structure. It would include:

As part of the project, the supermarket portion of the garage would be accessed from a new signalized intersection on Broadway between West 242nd and West 240th Streets. Additionally, the project site would be accessed from Manhattan College Parkway. It is expected that it would be constructed and occupied by 2007.

The project site is currently developed with a 220-space parking lot and maintenance/storage building for the college. The site is bounded by West 242nd Street, Manhattan College Parkway, Broadway, and the northerly property line of New York City Transit’s West 240th Street trainyards. The site is currently zoned M1-1 and R6.

Contact: Robert Dobruskin, New York City Planning Commission, 22 Reade Street, New York, NY 10007, phone: (212) 720-3423.