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Notice of Proposed Rulemaking

Pursuant to the Environmental Conservation Law Sections 13-0323 and 13-0327, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Proposed Rulemaking for 6NYCRR Part 49 relating to scallops and oysters. This notice will be published in issue 16 of the State Register, dated 4/19/2006.

For further information contact:

Debra Barnes
Department of Environmental Conservation
205 North Bellemeade Road
East Setauket, NY 11733
Phone: (631) 444-0483
Email: dabarnes@gw.dec.state.ny.us

Notice of Public Comment Period

Proposed Surface Restrictions Variance

PROJECT DESCRIPTION AND LOCATION: THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION ("NYCDEP" or "Applicant") has applied for a well permit and a variance to the surface restrictions requirements set forth in Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR"), Section 553.2, to drill the KCT B-3 (API 31-119-23684-00-00) stratigraphic well in the Town of Greenburgh, Westchester County, New York. The Applicant proposes to drill the well for stratigraphic information, but needs a variance from the surface restrictions provisions set forth under 6 NYCRR §553.2.

The Department of Environmental Conservation ("Department") and the NYCDEP have agreed to a Stipulation dated April 5, 2006, regarding the granting of surface restrictions variances. This Stipulation is binding on the Applicant and its successors and assigns. In view of the executed Stipulation and the Applicant’s current NYSDOT Highway Work Permit, the Department supports the granting of the requested variance and issuance of the well drilling permit.

PUBLIC COMMENT PERIOD: All persons, organizations, corporations or government agencies which may be affected by the proposed Project are invited to submit written comments on the Applicant’s proposal. The public comment period will remain open until SATURDAY, APRIL 22, 2006. Written comments should be submitted to: JOHN K. DAHL, DIRECTOR, BUREAU OF OIL AND GAS REGULATION, DIVISION OF MINERAL RESOURCES, 3rd FLOOR, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, 625 BROADWAY, ALBANY, NEW YORK 12233-6500 (telephone 518-402-8056; fax 518-402-8060).

If no substantive and significant issues are identified regarding the proposed Project at the end of the comment period, the Department will issue a permit to drill the KCT B-3 well at the proposed location subject to site-specific conditions as warranted.

DOCUMENT AVAILABILITY: All filed documents (including the permit application, the variance request, and the executed Stipulation) are available for inspection during normal business hours at the Department’s Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, New York 12233-6500 (518-402-8056), Contact: Ted Loukides; or at the Department’s Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, New York 12561-1696 (845-256-3027), Contact: Mark Davin.

STATUTORY AND REGULATORY PROVISIONS: The application was filed and is being processed pursuant to ECL Article 3, Title 3 (Department of Environmental Conservation, General Functions, Powers, Duties and Jurisdiction); Article 8 (Environmental Quality Review); Article 23 (Mineral Resources); 6 NYCRR Part 550 et seq. (Mineral Resources); and Part 617 (State Environmental Quality Review).

Negative Declaration

Dutchess County - The New York State Department Of Environmental Conservation, as lead agency, has determined that the proposed West Hook Sand & Gravel, Inc. Mine Expansion will not have a significant adverse environmental impact. The action involves the expansion of an existing sand and gravel mining operation into an adjoining 2.5 acre parcel at the southern perimeter slope of the 263 acre mine property. This expansion will adjoin an 11.5 acre area previously mined and proposed to be re-affected by removal of additional material to increase the final slope to 1.5:1. The project is located on West Hook Road, Towns of Fishkill and East Fishkill.

Contact: Alexander F. Ciesluk, New York State Department Of Environmental Conservation, 21 South Putt Corners Road, New Paltz, NY 12561, phone: (845) 256-3014, fax: (845) 255-3042.

Orange County - The City of Middletown, as lead agency, has determined that the proposed City of Middletown Wastewater Treatment Facility Upgrade and Expansion Project will not have a significant adverse environmental impact. The action involves the upgrade and expansion of the City's existing wastewater treatment facility to include new digesters, a new pump station, new biological aerated filter, new flow splitter, new belt filter press and expanded capacity to treat up to 10 MGD.

Contact: Andrew J. Raus, City of Middletown, 159 Dolson Avenue, Middletown, NY 10940, phone: (845) 343-3169, fax: (845) 343-4014.

Putnam County - The NYS Department of Environmental Conservation (DEC), as lead agency, has determined that the proposed Lake Tonetta Grass Carp Stocking will not have a significant adverse environmental impact. The Town of Southeast proposes to stock 485 sterile triploid grass carp (TGC) within Lake Tonetta for the control of nuisance aquatic vegetation growing within the 73 acre lake. Approximately 48 acres of the lake are overgrown with nuisance aquatic vegetation, which interferes with the recreational use of the lake. To prevent TGC from migrating from the lake into non-target water bodies, a fish barrier is also proposed to be constructed within the lake approximately 15 feet upstream of the existing Lake Tonetta dam. The barrier would be approximately 30 feet long and extend above the normal pool elevation of the lake by approximately 2-1/2 feet. The project is located on the northeast side of Tonetta Lake Way, Town of Southeast, Putnam County.

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

Rockland County - The NYS Office of Parks, Recreation and Historic Preservation (OPRHP) and the Palisades Interstate Park Commission (PIPC), as Co-Lead Agencies, have determined that the proposed Long Term License of Letchworth Village Water System to United Water New York will not have a significant adverse environmental impact. The action involves the NYS Office of Parks, Recreation and Historic Preservation (OPRHP) and the Palisades Interstate Park Commission (PIPC) planning to enter into a long term license with United Water New York (UWNY) for the Letchworth Village Water Supply Systems, including water rights for operation of three reservoirs, the water filtration plant and associated water facilities. The reservoirs and water filtration plant are located within Harriman State Park and had formerly been operated by the NYS Office for Mental Retardation and Developmental Disabilities (OMRDD) as the water supply system for Letchworth Village. After OMRDD closed Letchworth Village, the water supply system came to OPRHP/PIPC. The project is located in Harriman State Park, Towns of Stony Point and Haverstraw, Rockland County, New York.

Contact: Thomas B. Lyons, NYS OPRHP, Agency Building 1, Empire State Plaza, Albany, NY 12238, phone: (518) 474-0409, fax: (518) 474-7013, e-mail: Thomas.Lyons@oprhp.state.ny.us.

Sullivan County - The Town Board of the Town of Liberty, as lead agency, has determined that the proposed Zoning Map Revision tax map parcels 46-1-18 and 46-1-20 will not have a significant adverse environmental impact. The action involves a local law amending the Town of Liberty Zoning Map by removing portions of tax map parcels 46-1-18 and 46-1-20 from the RD Rural Development District and adding them to the adjoining SC Service Commercial District such that both parcels are entirely located within the SC Service Commerical District. The project is located on Staton Corners Road in the Town of Liberty, NY.

Contact: Francis J. DeMayo, Town of Liberty, 120 North Main Street, Liberty, NY 12754, phone: (845) 292-5111.

Conditioned Negative Declaration

Orange County - The Town of Cornwall Planning Board, as lead agency has determined that the proposed Holloran Road Subdivision will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice. The action involves a request to create a 10-lot subdivision of a 52.2-acre parcel on Holloran Road. Holloran Road which is an existing town road located west of New York State Route 32. The portion of the property fronting on Holloran Road is located in the SR-1 Suburban Residential zoning district, and the site is served by existing central water service. Roughly 340 feet into the site, the zoning district becomes PIO Planned Industrial Office. The lots would be served by central water supplies and individual septic systems. The subdivision requires approval from the Orange County Department of Health.

The conditions are:

Contact: Neil Novesky, Town of Cornwall Planning Board, Town Hall – 183 Main Street, Cornwall, New York 12518, phone: (845) 534-9429.

Positive Declaration

Ulster County - The City of Kingston Planning Board, as lead agency, has determined that the proposed Uptown Municipal Parking Garage Re-development may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. A public scoping session will be held by the City of Kingston Planning Board. All involved and interested agencies will be notified of the meeting date, time and place. A meeting notice will be mailed out to all media and legal notice will be placed in the City's official newspaper. The action involves the demolition of the existing public parking garage structure, and constructing a new facility which will house 214 residential condominium units 10,000 sf of retail/commercial space and a 600 car parking garage, along with supporting infrastructure and specific off-site improvements to mitigate impact of project. 300 of the new parking spaces will be reserved for tenants to the new space and the remaining 300 will be dedicated for public use. The project is located at 19-27 North Front Street, Kingston, NY.

Contact: Suzanne Cahill, Kingston Planning Board, City Hall, 420 Broadway, Kingston, NY 12401, phone: (845) 334-3955.