ENB - STATEWIDE NOTICES

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Notice Of Adoption

6 NYCRR Subpart 482-2, Operating Permit Program Fee Rule
NYS Department of Environmental Conservation

Pursuant to the provisions of Environmental Conservation Law, Section 72-0303(1), the NYS Department of Environmental Conservation hereby gives notice of the following:

NOTICE OF ADOPTION OF RULE - Pursuant to the provisions of Section 22 of the NYS Clean Air Compliance Act (ECL 72-0303), the 2006 operating permit program fee and fee calculation are hereby established as a rule by publication in the Environmental Notice Bulletin and filing with the Department of State. The purpose of the rule is to establish the annual fee to be submitted by air contamination sources subject to the operating permit program for emissions of regulated air contaminants.

6 NYCRR 482-2 Operating Permit Program Fee (Statutory Authority: Environmental Conservation Law, Sections 3-0301, 72-0303, 19-0311)

482-2.4 Annual fee and fee calculation. (a) Fee. Each person subject to fees under this Subpart must submit a fee to the department. The fee per ton, up to six thousand tons annually, of each regulated air contaminant is as follows:

(b) Fee calculation.

The amount of the fee set forth in subdivision (a) of this section is calculated by the Department pursuant to section 72-0303 of the Environmental Conservation Law. The 2006 fee has been calculated by dividing the current State fiscal year appropriation for the operating permit program by the total tons of emissions of regulated air contaminants from sources subject to the operating permit program during the last preceding calendar year, with consideration given to any surplus or deficit in the operating permit program account of the clean air fund established pursuant to section ninety-seven-oo of the State Finance Law, any loan repayment from the mobile source account of the clean air fund established pursuant to section ninety-seven-oo of the State Finance Law and the rate of collection of bills issued for the fee.

The amount of each factor used in the fee calculation by the Department for the current year is hereby established as follows:

Commencing January 1, 1999, the maximum fee per ton is $45.00. The amount of the fee set forth in subdivision (a) of this section is the maximum fee per ton allowable under section 72-0303(3) of the Environmental Conservation Law.

4. The calculation is as follows:

However, as established in paragraph (3) of subdivision (b) of this section, the fee calculation results in a fee that exceeds the maximum that may be assessed. The fee for 2006 is forty-five dollars ($45.00) per ton.

Notice: This is to notify persons subject to the operating permit program fee that pursuant to section 72-0201 of the Environmental Conservation Law, any person who fails to pay fees required pursuant to section 72-0303 of the Environmental Conservation Law shall pay a penalty of fifty percent of the unpaid fee amount plus interest on the unpaid fee amount computed in accordance with section 6621(a)(2) of the United States internal revenue code of 1986 (Public Law 99-514, 26 S. S. C. section 1 et seq.) from the date the fee was required to be paid.

For further information contact: CathyJo Rogers, NYS Department of Environmental Conservation, Division of Air Resources, 625 Broadway, Albany, NY 12233-3250, 518 402-8451, E-mail 482oppfee@gw.dec.state.ny.us.


Public Notice

Clean Water State Revolving Fund (CWSRF) for Water Pollution Control Drinking Water State Revolving Fund (DWSRF)

The New York State Environmental Facilities Corporation (EFC), the Department of Environmental Conservation (DEC) and the Department of Health (DOH) are pleased to announce the availability of the draft Federal Fiscal Year (FFY) 2007 Intended Use Plans (IUPs) for the Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving Fund (DWSRF). The IUPs include lists of projects that could receive low interest financing between October 1, 2006 and September 30, 2007, the next IUP financing period.

ELIGIBLE PROJECTS:

CWSRF - Types of municipal point source and nonpoint source water pollution control projects eligible for CWSRF low interest financing include: sanitary sewers; wastewater treatment plants and pumping facilities; combined sewer overflow abatement facilities; security measures for wastewater treatment plants and sewer systems; water supply filter backwash and sludge handling facilities; landfill closure or capping projects; landfill leachate collection, storage and treatment facilities; landfill gas collection and control facilities; aircraft deicing fluid collection, storage and treatment facilities; storage facilities for highway deicing materials; underground storage tank closure and remediation; stormwater pollution abatement facilities; stormwater management facilities; Brownfields remediation; and other municipally-owned projects or portions of projects that maintain, protect or improve water quality. Municipalities and not-for-profit organizations may apply for CWSRF financing for the acquisition of land to (1) protect water quality under Section 319 of the Clean Water Act or (2) implement an approved National Estuary Plan under Section 320 of the Clean Water Act.

DWSRF - Types of drinking water systems eligible for DWSRF financing are: municipal and privately-owned community water systems, and non-profit, non-community water systems. Projects eligible for DWSRF low interest financing and financial hardship assistance include: construction and rehabilitation of water treatment plants; transmission and distribution mains; storage facilities; pump stations; interconnections; new drinking water sources; consolidation of water supplies; and upgrades to existing water systems.

INTENDED USE PLANS & PROJECT LISTING:

Projects must be included on the Project Priority Lists (PPLs) in the IUPs to receive State Revolving Fund (SRF) financing. Municipalities, not-for-profit organizations or public water supply systems interested in financing one or more projects not currently listed in the draft CWSRF IUP or draft DWSRF IUP should submit the appropriate IUP project listing information before Friday, August 11, 2006 to the EFC for CWSRF projects and before Friday, August 11, 2006 to the DOH for DWSRF projects. For assistance with the IUP listing process, please call the EFC or DOH office listed at the end of this notice.

For CWSRF projects, a municipality must provide a CWSRF Project Listing Form and an approvable engineering report or technical report to the EFC by August 11, 2006 to be listed for financing of point source or nonpoint source projects in the Annual List of the CWSRF IUP, and to submit a financing application for any type of CWSRF financing. For listing a land acquisition project, a municipality or not-for-profit organization must provide an acceptable “land acquisition plan” and a CWSRF Land Acquisition Project Listing Form. CWSRF projects will be financed to the extent that sufficient funds are available for long-term and short-term financing for the effective period of the CWSRF IUP.

For DWSRF projects, an applicant must have submitted a DWSRF Pre-Application Form and an engineering report or plans and specifications to the DOH by August 11, 2006, or have completed construction, to be included on the Project Readiness List in the final DWSRF IUP. DWSRF projects will be financed to the extent that sufficient funds are available for the effective period of the DWSRF IUP.

The draft FFY 2007 IUPs will be mailed to certain municipal officials, system owners, financial advisors, consulting firms, not-for-profit land trust organizations and other interested parties. Copies of the draft IUPs will be available at New York State Documents Depository Libraries. The CWSRF IUP will also be available on the EFC ‘’’web page” at www.nysefc.org (click on “Programs”, then “Clean Water State Revolving Fund”). The DWSRF IUP will also be available on the DOH “web page” at www.health.state.ny.us (click on the “Topics A to Z” button, “Drinking Water”, and “Drinking Water State Revolving Fund”).

DUE DATE FOR COMMENTS:

Written statements or comments on the draft IUPs can be filed prior to the July 20, 2006 public meeting and hearing, at the hearing, and after the hearing until the end of the comment periods. Written and oral statements will be made part of the official records. Written statements or comments on the draft IUPs should be filed with the following programs by close of business on the dates as indicated below:

CWSRF Program:

Submit comments by: Friday, August 11, 2006

DWSRF Program:

Submit comments by: Friday, August 11, 2006

PUBLIC MEETING & HEARING:

A joint public meeting and hearing will be held to review the draft FFY 2007 CWSRF IUP and DWSRF IUP. The date, time and location of the public meeting and hearing are provided below. Pre-registration is not required. Reasonable accommodations will be provided for disabled persons if requested in advance.

DATE CITY/COUNTY TIME LOCATION
Thursday
July 20, 2006
City of Albany
Albany County
1:00 PM William K. Sanford Town Library
The Stedman Room
629 Albany Shaker Road
(Exit 4 off I-87)
( ¼ mile east on Albany Shaker Road)
Albany, NY (518) 458-9274

APPLICATION PACKAGES & DUE DATES:

Copies of the FFY 2007 CWSRF and DWSRF Application Packages will be mailed to applicants with projects on the draft 2007 CWSRF or DWSRF IUPs that may be potentially reachable for financing during this IUP period (October 1, 2006 to September 30, 2007). Copies of the application packages will also be available at the public meeting and hearing. For a copy of the FFY 2006 CWSRF or DWSRF Application Package, please call the EFC office listed at the end of this notice or refer to the web page.

The CWSRF and DWSRF Application Packages can be used to apply for both short-term and long-term financing. Short-term financings can fund project design and construction start-up costs until the short-term financing can be rolled over into a long-term financing or up to three years, which ever is earlier. Multiple projects can be financed with one long-term financing if the projects are ready in the same IUP financing period and are fundable on the PPL. The CWSRF and DWSRF can also be used to pre-finance or co-fund projects that anticipate receiving total or partial project financing from non-grant third-party funding sources (i.e., USDA – RD loans). There is a separate DWSRF Application Package to be used by privately-owned water systems when applying for DWSRF financing. There is also a separate application package to be used by not-for-profit organizations applying for CWSRF financing of land acquisition projects.

Applications for CWSRF and DWSRF financing are accepted on a continuous basis. Complete applications for the Winter Pool long-term leveraged financings must be submitted by October 2, 2006 for both SRF programs, with closing targeted for early March 2007. Complete applications for the Summer Pool long-term leveraged financings must be submitted by March 1, 2007 for both SRF programs, with closing targeted for late July 2007. Complete applications for CWSRF direct long-term financing and short-term financing for projects on the Annual PPL must be submitted before March 1, 2007. Complete applications for DWSRF non-hardship direct long-term financing or short-term financing must be submitted before May 1, 2007 for financing in this IUP period. Applicants who have received a DWSRF confirmation letter regarding a hardship determination on their project should submit the application package prior to the date indicated in their confirmation letter.

CWSRF short-term financing will be available for up to one-half the IUP amount for only those projects on the Annual PPL and that meet all applicable application requirements. Some applicants constructing sewage treatment projects serving residential areas may qualify for reduced interest or interest-free direct long-term financing based on submittal of a CWSRF hardship application and a subsequent determination of financial hardship. Recipients of CWSRF hardship confirmation letters will not be subject to the one-half IUP Annual PPL limitation.

DWSRF short-term financing will be available for projects on the IUP Project Readiness List that have a project priority score placing the project above the funding line on the IUP and that meet all applicable short-term application requirements. DWSRF short-term financing is limited to an amount not to exceed one-third of the project’s IUP amount, including a short-term administration fee, as set forth in the final IUP Project Readiness List. Recipients of DWSRF hardship confirmation letters will not be subject to the one-third IUP cost limitation or the administration fee. Some eligible disadvantaged communities may apply for DWSRF Additional Financing Subsidies (Grants) beyond the interest-free rate. DWSRF Financial Hardship Application Forms will be accepted by DOH and EFC on a continuous basis during the 2007 IUP period. However, Hardship Application Forms received after December 1, 2006 will be considered for a financing only (no grant) hardship assistance package during the current IUP period.

EFC & DOH CONTACTS:

For a copy of the draft FFY 2007 IUP, assistance with the IUP listing process, or for information on these SRF programs, please contact:

LISTING FORMS & APPLICATION PACKAGES:

For a copy of the CWSRF Project Listing Form, the DWSRF Pre-Application Form, the CWSRF or DWSRF Application Package, or the CWSRF or DWSRF Financial Hardship Application, please contact Mr. Morseman at the above EFC address or phone number.


Public Notice

New York State Department Of Environmental Conservation Environmental Board Meeting

The State Department of Environmental Conservation hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., June 28, 2006 in Room 129B at the Department’s main offices at 625 Broadway, Albany, New York.

The Environmental Board will consider the following rulemaking actions of the Department of Environmental Conservation:

This meeting is open to the public.


Notice of Public Comment Period

The Draft Redevelopment Projects Chapter

The Department (DEC) has developed a series of documents to address the design of stormwater management systems for redevelopment projects. These documents are planned to be included in the existing New York State Stormwater Management Design Manual. This new chapter includes a narrative, five profile sheets that describe the accepted alternative practices and a list of acceptable technologies for redevelopment projects.

The Redevelopment Chapter is intended to provide additional design standards and specifications that define the sizing criteria and performance criteria for selection and sizing of stormwater management practices where re-construction of existing impervious area occurs. The approaches set forth in the Redevelopment Chapter comply with the Department’s technical standards required by the Phase II Stormwater GP-02-01. The sections provided in this chapter are as follow:

A. Redevelopment Projects

B. Alternative Stormwater Management Practices:

Accessing Documents - A copy of the "Redevelopment Chapter” and related profile sheets describing the Alternative Stormwater Management Practices are provided on DEC’s web page at: ftp://ftp.dec.state.ny.us/dow/stormdocuments/redevelopment Questions related to access and download as well as the content of these documents may be forwarded to Shohreh Karimipour, P.E. by telephone at 518-402-8102 or by e-mail at sxkarimi@gw.dec.state.ny.us

Public Comment - The Department is soliciting comments on the documents from individuals or agencies involved or interested in the stormwater management design standards. The comment period runs until July 28, 2006.

Please send all comments to Shohreh Karimipour, P.E. at sxkarimi@gw.dec.state.ny.us or NYS Department of Environmental Conservation, Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3508.


Public Notice

Proposed Designation of Bird Conservation Areas

The New York State Department of Environmental Conservation (DEC) is proposing designation of four new Bird Conservation Areas (BCA) in accordance with Article 11 of the Environmental Conservation Law (ECL § 11-0539 , 11-2001 and 11-2003). The BCA program provides a comprehensive, ecosystem approach to conserving birds and their habitats on state-owned lands and waters. It also provides for education and research opportunities related to birds and their habitats. Designation of the BCA will not affect existing recreational activities.

1. Bear Swamp State Forest, located in Cayuga County, Town of Sempronius, is a 3,316 acre state forest, consisting primarily of mixed coniferous and hardwood forest, with Bear Swamp Creek running along side and through it. Forest management has created a diverse forest structure with good sapling and shrub growth, as well as other ground cover. These habitats support a tremendous diversity and abundance of forest bird species. Bear Swamp State Forest is located at the headwaters of a valley, making the site attractive to migratory songbirds. On May 25, 2005 a local birding group observed spring fallout and counted 20+ Veerys, 12 Hermit Thrushes, 50+ Red-eyed Vireos, 21 Scarlet Tanagers, 58 Rose-breasted Grosbeaks, nine Blackpoll Warblers, six Hooded Warbler, and eight Black-throated Blue Warblers. White-winged Crossbill, Pine Siskin, Purple Finch and House Finch can be found wintering in conifers on the state forest.

Bear Swamp State Forest meets the following criteria for designation as a BCA: Diverse Species Concentration Site for forest-nesting warblers, wintering finches, and breeding hawks; Individual Species Concentration Site for Red-shouldered Hawk and Cerulean Warbler; Migratory Species Concentration Site for the diversity and abundance of migratory songbirds; and Species at Risk Site for Cerulean Warbler (special concern), Red-shouldered Hawk (special concern), Northern Goshawk (special concern), Cooper’s Hawk (special concern), and Sharp-shinned Hawk (special concern). During migration Bald Eagle (threatened), Pied-billed Grebe (threatened), American Bittern (special concern), Osprey (special concern), and Northern Harrier (threatened) may be observed. Many songbird species of conservation concern breed at Bear Swamp State Forest or stop to rest during migration.

Critical habitats include the large, contiguous area of coniferous and hardwood forest, including mature hardwood, forested swampland, and rich shrub fen. Active forest management has created diverse forest structure throughout much of the area that is attractive to nesting forest birds. The mature forests along the steeper slopes provide important habitat for Cerulean Warblers.

2. Black Creek Marsh, located in Albany County, Towns of Guilderland and New Scotland, is a 450 acres Wildlife Management Area (WMA) consisting primarily of wetland communities, such as emergent marsh and silver maple-ash swamp, and small streams. Adjacent uplands include forests and old fields reverting to forests. As a result, this site supports a diversity of wetland and upland birds. The Delaware & Hudson Railroad runs east-west through the property. Black Creek Marsh WMA was surveyed in 2004 as part of DEC’s Marshbird Monitoring Project. Five American Bitterns, one Least Bittern, 13 Virginia Rails, and three Soras were tallied over several morning and evening visits. Canada Goose, Mallard, and Wood Duck are confirmed breeding on the WMA. American Black Duck and Blue-winged Teal are possible breeders. Several hundred waterfowl are seen on migration, including the threatened Pied-billed Grebe. Several grassland nesting birds (Savannah Sparrow, Bobolink, Eastern Meadowlark, American Kestrel, and Northern Harrier) use the area, though there is little grassland habitat on the State property. Privately owned agricultural fields surrounding the WMA are the primary location for these bird populations, yet the WMA contains important foraging grounds, especially for Northern Harrier. Species that favor early successional habitats found at Black Creek Marsh include American Woodcock, Blue-winged Warbler, Prairie Warbler, Yellow Warbler, Common Yellowthroat, Chestnut-sided Warbler, Eastern Towhee, Alder Flycatcher, Willow Flycatcher, Black-billed Cuckoo, and Brown Thrasher. Rusty Blackbirds are regularly seen during spring and fall migration (40-50 individuals). Common Nighthawk is also regular spring and fall migrant. Indian Ladder Farm, a several hundred acre farm, adjoins Black Creek Marsh WMA to the south. These lands have been placed under a conservation easement to remain as a working farm in perpetuity.

Black Creek Marsh WMA meets the following criteria for designation as a BCA: Diverse Species Concentration Site, Individual Species Concentration Site, and Species at Risk Site. Species at Risk include Pied-billed Grebe (threatened), American Bittern (special concern), Least Bittern (threatened), Northern Harrier (threatened), and Common Nighthawk (special concern). As a Diverse Species Concentration Site, the area supports wading birds, waterfowl, and species that favor early successional habitats and grasslands. Breeding species found in unusual numbers include: American Bittern, Virginia Rail, and Sora. Common Nighthawk and Rusty Blackbird may be observed during migration.

Dominant habitat includes emergent cattail marsh, silver maple-ash swamp, shrub swamp, shrubland, and various successional stages of northern hardwood forest. There are a few ponds, impounded wetlands, and streams present. Upland habitat includes 65 acres of grassland, shrublands, and forests.

3. Three Mile Bay, located at the northwestern corner of Oneida Lake in Oswego County, Towns of West Monroe and Constantia, is a 3,697 acre Wildlife Management Area comprised primarily of wooded swamps with some open marsh. Adjacent uplands include forests, old fields, and shrublands. DEC also manages 132 acres of underwater lands in Oneida Lake adjacent to the WMA, extending 500-1000 feet offshore, and running about ½ mile west and 3/4 mile east of Phillips Point.

Three Mile Bay WMA meets the following criteria for designation as a BCA: Waterfowl Concentration Site, Wading Bird Concentration Site, Individual Species Concentration Site, and Species at Risk Site. The WMA is a hotspot for spring migrating waterfowl. An estimated 5,000 Scaup were observed in 2000 and 2,600 were observed in 2003. Wood Ducks also use the WMA each fall. Recent counts have been between 400 and 2,000 individuals. Species of concern include: Pied-billed Grebe (threatened), Least Bittern (threatened), Northern Harrier (threatened), American Bittern (special concern), Osprey (special concern), Cooper’s Hawk (special concern), Red-shouldered Hawk (special concern), and Cerulean Warbler (special concern). Sedge Wren (threatened) was recently recorded singing during the breeding season, but no nesting records have been reported thus far. Henslow’s Sparrow (threatened) historically breed here in the 1980s-90s. Numbers of breeding Prothonotary Warblers and Cerulean Warblers are locally high. At least 90 Great Blue Heron nests are located in a flooded hardwood swamp. In addition, American Bittern and Least Bittern are probable breeders, and Black-crowned Night-Heron is a possible breeder.

Extensive wetland communities consist of red maple-hardwood swamps, silver maple-ash swamps, Northern white-cedar swamps and emergent marsh communities. Oneida Lake, which is adjacent to the WMA, provides refuge for thousands of waterfowl throughout the year. Grasslands areas are also present and could provide better habitat if properly managed.

4. Valcour Island, located in Clinton County, Towns of Plattsburgh and Peru, is a 1,100 acre Primitive Area of forested calcareous outcrop located within the Lake Champlain Valley. It is also located within the Adirondack Park. Valcour Island supports the largest Great Blue Heron rookery on Lake Champlain and in New York State. It is the third largest in the Great Lakes region. Surveys conducted by University of Vermont documented 416 active nests in 2004. A peak count occurred in 2001 when 552 nests were discovered. Several rare plants have been reported from Valcour Island, including Champlain beachgrass, Ammophila champlainesis. The island is currently classified as a Primitive Area under the Adirondack Park State Land Master Plan. DEC’s Division of Lands and Forests administers the property as one of seven islands in the Champlain Islands Management Complex. Valcour Island, the largest of the seven islands, is accessible by boat for camping, hiking, wildlife viewing and hunting. The historic Bluff Point Lighthouse is located on the west shore of the property. The waters of Lake Champlain which surround the island are frequently used as boating anchorage sites. Bald Eagles have been observed in the vicinity of Valcour Island and Peregrine Falcons once nested on the cliffs at the south end of the island, although they have not been observed over the last several decades.

Valcour Island meets the following criteria for designation as a BCA: Wading Bird Concentration Site; and Individual Species Concentration Site. Valcour Island heron rookery has supported approximately 550 pair of Great Blue Herons. It is the largest heron rookery in New York State. The area also supports a variety of other waterbird, waterfowl, shorebird and landbird species during the breeding season and during spring and fall migration.

The dominant habitats are eastern deciduous forests and freshwater wetlands, with a variety of ferns, grasses and wildflowers. The glacial soils favor a forest association of sugar maple, red maple, American beech, white and yellow birch, as well as black cherry and white ash. White and black spruce, Northern white cedar, hemlock, white pine and balsam fir are found in locations where cooler temperatures and increased moisture are prevalent, generally in locations closer to the lake. The outcropping of Ordovician limestone bedrock that forms Valcour Island is unusual and gives rise to a mosaic of uncommon communities and the largest concentration of rare plants in eastern Clinton County. Eight natural communities have been documented on the island: cobble shore wet meadow; inland calcareous lakeshore; calcareous shoreline outcrop; limestone woodland; Northern white cedar rocky summit; silver maple-ash swamp; mesotrophic dimictic lake; and Northern white cedar swamp. The New York Natural Heritage Program has recorded extant population of 16 rare plants on Valcour Island, including Melic-oats, Trisetum melicoides, and Ram’s-head Ladyslipper, Cypripedium arietinum. Historically, seven other rare plants were documented on the island, but none of these have been re-located on recent surveys.

Legislative amendments to the BCA program enacted in 2002 require public notice of any proposed designations with a 30-day public comment period following publication of the notice. At this time, DEC proposes designation of Bear Swamp State Forest, Black Creek Marsh WMA, Three Mile Bay WMA, and Valcour Island as new Bird Conservation Areas. Since the BCA law was enacted in 1997, 31 areas have been designated by DEC and the New York State Office of Parks, Recreation and Historic Preservation.

DEC will accept comments on the proposed BCAs during a 30-day public comment period which ends July 14, 2006. Comments or questions should be addressed to John Ozard, Nongame and Habitat Unit, DEC, 625 Broadway, Albany, NY 12233-4754, phone (518) 402-8905; fax: (518)-402-8925; e-mail: jwozard@gw.dec.state.ny.us

Additional information on the BCA program and other sites that have been designated can be found on the BCA website at: www.dec.state.ny.us/website/dfwmr/wildlife/bca/