ENB - REGION 3 NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

County: Sullivan and Ulster

Lead Agency: NYS DEC

Project Title: Public Comment on the Adoption and Implementation of the Willowemoc Wild Forest Unit Management Plan Amendment

Contact: Robert Messenger
Address: NYS DEC
21 South Putt Corners Road
New Paltz, New York 12561
Phone Number: (845) 256-3004

Project Location: Towns of Denning and Hardenburgh, Ulster County and Neversink and Rockland, Sullivan County. New York State Forest Preserve lands designated as the Willowemoc Wild Forest in the Catskill Forest Preserve

Project Description: As directed by the Catskill Park State Land Master Plan, this amendment identifies and provides additional information on the inventory of the various physical, biological, visual, cultural and historic resources within the 15,872 acre Willowemoc Wild Forest, a management unit in the Catskill Forest Preserve. This amendment also identifies the constraints and issues affecting the area and develops additional goals and objectives which will govern the area’s future management. Specific projects proposed to fulfill these goals and objectives include: relocation of the overhead power line and telephone service to Mongaup Pond Public Campground; provide access to Waneta Lake for persons with disabilities which includes creating an accessible path from the parking area to the water for observation and fishing, provide an accessible fishing pier, port-a-john and picnic tables, and upgrade the existing parking area and information kiosk to accessibility guidelines: and provide additional loop opportunities within the Quick Lake snowmobile trail system. Approximately 300 trees with a diameter at breast height (dbh) of 3 inches or greater will be cut or limbed on an area approximately 1.5 acres to provide the necessary clearances for installation of the new overhead power line.

Public comments will be accepted by the contact person until April 17, 2006.


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.


Negative Declaration

Dutchess County - The NYS Department of Environmental Conservation (DEC), as lead agency, has determined that the proposed Kiniry Sand & Gravel Mine (DEC Application No. 3-1354-00081/00003) will not have a significant adverse environmental impact. The action involves the mining of approximately 165,000 cubic yards of sand and gravel from 10.4 acres of a 30 acre site. Approximately 6 acres within the proposed 10.4 acre mine will be mined subaqueously, resulting in the creation of a new pond. The material will be processed on site using a portable dry screen with a capacity of 80 cubic yards per hour. The proposed reclamation objective for the site is an open water pond and a single family home site. The project is located on the south side North Clove Road (Co. Rte. 9), about 0.2 mile west of the intersection with Chestnut Ridge Road (Co. Rte. 24), Town of Union Vale, Dutchess County.

Contact: Scott E. Sheeley, NYS Department of Environmental Conservation, 21 South Putt Corners Rd, New Paltz NY 12561-1696, phone: (845) 256-3050.


Orange County - The Village of Washingtonville Planning Board, as lead agency, has determined that the proposed Brotherhood Plaza Lot Line Revision will not have a significant adverse environmental impact. The action involves the subdivision approval of a lot line revision that will transfer .84 acres from the Brotherhood Winery, a property listed on the National Register of Historic Places, to the Brotherhood Plaza. The lot line revision is part of an overall plan to expand an existing supermarket in a shopping center that abuts the property of the Winery. The project is located on Brotherhood Plaza Drive in the Village of Washingtonville.

Contact: Nancy Comerford, Planning Board, Village of Washingtonville, 29 West Main Street, Washingtonville, NY 10992, phone: (845) 496-3221.


Putnam County - The New York State Department of Environmental Conservation, as lead agency, has determined that the prescribed burn proposed for Bog Brook Unique Area will not have a significant adverse environmental impact. The primary purpose of this burn is to reduce accumulated dead biomass in the interest of maintaining suitable habitat for the population of endangered bog turtles (Clemmys muhlenbergii) that reside in the wetland. Phragmites, Lythrum and Phalaris are invasive species which make the habitat unsuitable for bog turtles by excluding native species, increasing shade, reducing the turtles’ mobility, and by causing drying of the substrate. The bog turtle prefers a semi-aquatic habitat characterized by cool, shallow, slow-moving water, deep muck and tussocks of non-woody vegetation. Burning is a quick, inexpensive and effective method of maintaining this preferred habitat. The project is located north of Foggintown Road and west of Route 22 in the towns of Southeast and Patterson in Putnam County.

Contact: Steve Joule, NYSDEC Region 3, 21 South Putt Corners Road, New Paltz, NY 12561, phone: (845) 256-3092.


Notice Of Acceptance Of Final Generic EIS

Orange County - The Newburgh Enlarged City School District Board of Education, as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed Newburgh Enlarged City School District High School. The action involves proposed improvements detailed within the current form of the Newburgh Enlarged City School District Facilities Master Plan which include:

Contact: Annette Saturnelli, Newburgh Enlarged City School District, 124 Grand Street, Newburgh, New York 12550, phone: (845) 563-3400.


Notice Of Acceptance Of Final EIS

Westchester County - The City of White Plains Common Council, as lead agency, has accepted a Final Environmental Impact Statement on the proposed The Pinnacle (250 Main Street) and 260 Main Street. The action involves construction of (a) a 22-story, 230 foot-high residential building at 250 Main Street containing 139 market rate for-sale residential units, and 56,177 sq. ft. of ground and second-floor retail, restaurant, and bank space; (b) an adjacent six-story residential building at 260 Main Street containing 50 units of affordable housing and 9,917 sq. ft. of ground floor retail uses; ( c) a shared 271-space three-level underground parking garage; and (d) enhancements to the City Center Plaza. The project is located in the City of White Plains, Westchester County. The project site in downtown White Plains is located on the south side of Main Street (N. Y. State Route 119 Eastbound) between City Place /Conroy Drive and South Broadway.

Contact: Rod Johnson, City of White Plains, Planning Department, Municipal Building, 255 Main Street, Municipal Building Annex, White Plains, New York 10601, phone: (914) 422-1252, fax: (914) 422-1301.