ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice Of Adoption

Pursuant to the Environmental Conservation Law Sections 11-0303, 11-0903, 11-0907 and 11-0913, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption for 6NYCRR Part 1 relating to deer and bear. This notice will be published in issue 28 of the State Register, dated 7/12/2006.

For further information contact:


Pursuant to the Environmental Conservation Law, Sections 3-0301 and 11-0325, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption of 6 NYCRR Part 189 relating to Chronic Wasting Disease. This notice will be published in issue 27 of the State Register, dated 7/5/2006.

For further information contact:


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)

Sections 482-2.1 through 482-2.3 remain unchanged.

Section 482-2.4 reads as follows:

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.

1. 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.

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

3. 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

Proposed Department-Initiated Renewal of the
NYSDEC Title V Facility General Permit for Small Combustion Installations

The New York State Department of Environmental Conservation (NYSDEC) has prepared a draft permit pursuant to Article 19 (Air Pollution Control) of the Environmental Conservation Law, implementing regulations 6NYCRR Subpart 201-6, and Title V of the Federal Clean Air Act Amendments, and made a tentative determination to approve the renewal of the Title V Facility General Permit for Small Combustion Installations (i.e., maximum heat input of 100 mmBtu/hr/source, 250 mmBtu/hr/emission point) for the control of emissions to the atmosphere from major facilities. The operations to be covered under the General Permit are limited to those combustion sources which comply with the conditions of the permit. Combustion sources which may be eligible under the General Permit include boilers and reciprocating internal combustion diesel engines. Such combustion sources would most likely be used in an industrial, commercial, or institutional setting.

The General Permit will be valid for a period of five years. Applicants will be required to make application and receive written authorization before any activity as described in the General Permit may occur. These applications will be reviewed for applicability in accordance with NYSDEC rules and regulations found in 6NYCRR Parts 621, 201 and any other related regulations. An individual facilityís authorization to operate under the General Permit will be valid until the end of the five year period. NYSDEC retains the discretion to require that any applicant for the General Permit apply for and obtain an individual permit if it determines that unique site specific circumstances warrant additional limitations or permit conditions to control or mitigate environmental impacts that were not considered and addressed in the development and issuance of the General Permit.

Prior to expiration of the General Permit, NYSDEC may renew or issue a modified General Permit for a new five year term following public review and comment. All authorized permittees must re-apply for the General Permit, as it may exist at that time, if he or she wishes to continue to operate under its conditions and limitations.

Persons wishing to inspect the draft permit and all other materials available to the DEC (the ďpermitting authorityĒ) that are relevant to this permitting decision should contact the DEC representative below. It is recommended that an appointment be made to confirm the availability of the subject files. The DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date.

DEC will evaluate comments received on the proposed General Permit to determine whether to hold a public hearing. A public hearing may be legislative or adjudicatory. A legislative public hearing is a proceeding which provides an additional opportunity for public comment. DECís determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists. If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments. The applicant and all persons who have filed comments on the permit will be notified by mail of the public hearing. Comments and requests for a legislative hearing should be in writing and addressed to the Department representative listed below.

An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination. An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exist. A copy of the Departmentís permit hearing procedures is available upon request or on the Departmentís web site at: www.dec.state.ny.us/website/ohms/gudph1.htm.

In accordance with 6NYCRR Parts 621.5(b)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.

State Environmental Quality Review (SEQR) Determination: Project is not subject to SEQR because it is a Type II action.

Opportunity for Public Comment: Comments on this project must be submitted in writing to the Contact Person no later than August 7, 2006.

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 Departmentís 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 DECís 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), Cooperís 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 DECís 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 Ĺ 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), Cooperís 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. Henslowís 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. DECís 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 Ramís-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/