ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice of Proposed Rulemaking

New York State Department of Environmental Conservation
6NYCRR Part 192, Forest Insect and Disease Control

Pursuant to Environmental Conservation Law, Sections 1-0101(3)(b), 3-0301(1)(b), 3-0301(2)(m) and 9-1301(5), the New York State Department of Environmental Conservation hereby gives notice of the following:

To allow the planting of disease-resistant or immune cultivars of the genus Ribes.

For further information contact:

Jason Denham
NYS DEC
625 Broadway
Albany, NY 12233-4253
Phone: (518) 402-9425


Notice Of Adoption

6 NYCRR Part 1 (Fish and Wildlife)

Pursuant to the Environmental Conservation Law Articles 11 and 13, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption of 6 NYCRR Part 1 (Fish and Wildlife). This notice will be published in issue 33 of the State Register, dated 8/16/2006.

For further information contact:

Gordon R Batcheller
Department of Environmental Conservation
625 Broadway
Albany, NY 12233
Telephone: 518-402-8885
E-mail: grbatche@gw.dec.state.ny.us


Public Notice

Proposed Designation of Bird Conservation Areas

The New York State Office of Parks, Recreation and Historic Preservation (OPRHP) is proposing designation of two new Bird Conservation Areas (BCAs) 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 a BCA will not affect existing recreational activities.

Legislative amendments to the BCA law enacted in summer 2002 require public notice of any proposed designations with a 30-day public comment period following publication of the notice. At this time, OPRHP proposes designation of portions of: 1) Letchworth State Park in Livingston and Wyoming Counties; and 2) Selkirk Shores State Park in Oswego County as new Bird Conservation Areas. OPRHP and DEC have designated thirty-one BCAs since the law was enacted in 1997.

The proposed Letchworth BCA is approximately 9,700 acres and meets six of the criteria for designation in the BCA law. It is a waterfowl concentration site, wading bird concentration site, migratory concentration site, diverse species concentration site, individual species concentration site, and species at risk site. Open water below the Mt. Morris dam attracts thousands of ducks and geese in the winter. There are several Great Blue Heron rookeries with a total of over 100 nests. Of 75 species of migratory songbirds, 64 are found in the proposed BCA. Letchworth supports birds of forests, rivers and shrub habitats. More than 30 species of warblers occur in the proposed BCA with 25 confirmed breeders. State-listed birds confirmed as breeders in the proposed BCA include threatened Bald Eagle and Special Concern Sharp-shinned and Cooper's Hawks, Northern Goshawk, Red-shouldered Hawk, Red-headed Woodpecker, Golden-winged Warbler, Cerulean Warbler, Vesper Sparrow and Grasshopper Sparrow.

The proposed Selkirk Shores BCA is approximately 1,000 acres and meets three of the criteria in the BCA legislation. It is a migratory concentration site, diverse species concentration site and a species at risk site. During spring migration migratory songbirds concentrate along the lake shore. The proposed BCA supports birds associated with marshes, forests and shrubland including more than 80 species that have been confirmed as breeders. The proposed BCA has supported at risk breeding marsh birds such as Pied-billed Grebes (threatened), American (special concern) and Least Bitterns (threatened), and Black Terns (endangered).

OPRHP will accept comments on the proposed BCAs during a 30-day public comment period, which ends September 22, 2006. Comments or questions should be addressed to Thomas B. Lyons, Environmental Management Bureau, OPRHP, Agency Building #1, Albany, NY 12238, phone (518) 474-0409; fax: (518) 474-7013; e-mail: thomas.lyons@oprhp.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/index.html.


Public Notice

DRINKING WATER STATE REVOLVING FUND

New York State Department of Health
Bureau of Water Supply Protection
Flanigan Square, 547 River Street
Troy, NY 12180-2216
and
New York State Environmental Facilities Corporation
625 Broadway
Albany, NY 12207-2997

MUNICIPALITIES AND OWNERS/OPERATORS OF PUBLIC DRINKING WATER SUPPLY SYSTEMS

New York State Drinking Water State Revolving Fund Intended Use Plan

The New York State Department of Health (DOH) and the New York State Environmental Facilities Corporation (EFC) propose to amend the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 27, 2005 to adjust the estimated project cost for one DWSRF project listed on the Project Readiness List. A project description and explanation of the reason for the change and cost increase are included in the table below:

Borrower County Project Description DWSRF # Current IUP Cost Proposed IUP Cost Explanation
(T)VanEtten Chemung New Village Water System; source, treatment, storage tank, and distribution mains 16979 $0 $2,008,200 The cost increase is the result of an update of the original project estimate by the engineer due to inflation and an increase in material costs, including a significant increase in steel prices.

The Department has determined that the project cost increase is necessary, reasonable and consistent with the original project concept. In addition, the scope of the project has not changed, nor have we altered the project priority rankings in any way. The project cost increase will not adversely affect any other project on the IUP Project Readiness List above the funding line. Except for the above-noted change, there are no other changes to projects listed on the Project Readiness List or to the project priority rankings.

Written statements or comments on the above DWSRF project cost increase will be accepted by fax or mail until close of business on September 7, 2006 and should be filed with:

Mr. John M. Dunn, P.E.
Acting Director
Bureau of Water Supply Protection
Flanigan Square, 547 River Street, Room 400
Troy, New York 12180-2216
Fax Number: (518) 402-7659

The revised Project Readiness List may be obtained by calling DOH's toll free information line at 1-800-458-1158, extension 27676 (within New York State only) or (518) 402-7676.


Public Notice

Availability for Comment on a Draft Impaired Waters Restoration Plan/TMDL for Acid Rain Lakes

This notice announces the availability of a DRAFT Impaired Water Restoration Plan/Total Maximum Daily Load (TMDL) proposed by the New York State Department of Environmental Conservation for Acid Rain Lakes in the NYS Adirondack Forest Preserve. Public comment on this documents will be accepted for 30 days, through September 15, 2006.

BACKGROUND: States are required by Section 303(d) of the Clean Water Act and USEPA implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

The proposed Impaired Water Restoration Plan/TMDL for these acid rain lakes outlines a "phased" TMDL. Phased TMDLs represent an iterative adaptive management approach. Such an approach is appropriate in situations where the complexity of establishing allowable pollutant loadings creates significant uncertainty and the likelihood that TMDL loadings will be revised as additional information is collected.

INFORMATION: Copies of the proposed draft plans can be obtained by contacting the NYSDEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at 518-402-8179, or via email at dmwicker@gw.dec.state.ny.us. Please specify that you are interested in reviewing/commenting on the Acid Rain Lakes TMDL document. Comments on these draft plans can be submitted to the Bureau of Watershed Assessment and Management, ATTN: Jeff Myers, at the above address.