ENB - STATEWIDE NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice of Emergency Adoption

New York State Department of Environmental Conservation
6 NYCRR Part 205, Architectural and Industrial Maintenance Coatings

Pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301 and 19-0305, the New York State Department of Environmental Conservation hereby gives notice of the following:

Emergency Adoption amending 6 NYCRR Part 205, Architectural and Industrial Maintenance Coatings, to eliminate the small manufacturers' exemption and establish a sell-through end date to eliminate the unlimited sell-through of non-complying coatings manufactured before January 1, 2005.

This amendment, necessary for the preservation of the health and general welfare, was adopted and effective upon filing with the Department of State on the 8th day of August, 2006, on an emergency basis as authorized by section 202(6) of the State Administrative Procedures Act.

For further information, contact:

Daniel S. Brinsko, P.E.
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3251
518 402-8396
E-mail 205aim@gw.dec.state.ny.us


Statewide Trails Council Meeting

Date: Saturday, September 23, 2006

Place: Schodack Island State Park
Off of Rte. 9J
Schodack Landing, NY 12156
518-732-0187

Time: 11:00 am - 3:00 pm

Agenda:


Public Notice

Proposed Designation of Bird Conservation Areas

The New York State Department of Environmental Conservation (DEC) is proposing designation of five 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.

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 Carlton Hill, Keeney Swamp, Lake Shore Marshes, Peconic River Headwaters, and Three Rivers as new Bird Conservation Areas. Thirty one BCAs have been designated by DEC and the New York State Office of Parks, Recreation and Historic Preservation since the law was enacted in 1997.

1. Carlton Hill is a 2,580 acre Multiple Use Area (MUA) in the Town of Middlebury, Wyoming County. It is comprised of relatively large areas of early successional habitats, including grassland and shrubland. These habitats support a diversity of early successional bird species. There are also several acres of upland forest, riparian forest, and several small wetlands. The MUA supports a variety of grassland and shrubland bird species, as well as forest and wetland birds.

BCA criteria met include: diverse species concentration site, individual species concentration site, species at risk site. Species at risk include: Henslow’s Sparrow, Northern Harrier, Grasshopper Sparrow, Yellow-breasted Chat, Pied-billed Grebe, and Horned Lark.

2. Keeney Swamp is a 3,116 acre Wildlife Management Area (WMA) and State Forest located in the Town of Birdsall, Allegany County. The WMA is comprised of 708 acres and the remaining property, 2,408 acres, is designated as State Forest. Keeney Swamp is comprised of marshes, shrublands, wetlands, ponds, forested habitat, and some grassland habitat. These habitats support a diversity of waterfowl, shorebirds, marshbirds, forest birds, and shrubland and early successional bird species.

BCA criteria met include: waterfowl concentration site, diverse species concentration site, migratory species concentration site, individual species concentration site, species at risk site, and possibly a shorebird concentration site. Shorebird numbers in the hundreds have been reported during migration, although further documentation is needed to confirm the species and numbers. Numerous wading birds are also present and may also contribute to meeting this criteria. Several species of waterfowl breed in the wetlands or migrate through the area including: Canada Goose, Wood Duck, American Black Duck, Mallard, Blue-winged Teal, Hooded Merganser, Bufflehead, Tundra Swan, Common Moorhen, Northern Pintail, Common Loon, and Pied-billed Grebe. Winter concentrations of White-winged and Red Crossbills are notable in the coniferous forest stands. Diverse and abundant songbirds breed and migrate through the shrub and forest habitat. There are some grasslands on the state forest that still support grassland nesting species such as Northern Harrier, Upland Sandpiper, Vesper Sparrow, Bobolink, and Eastern Meadowlark. Species at Risk include: Pied-billed Grebe, Common Loon, American Bittern, Northern Harrier, Upland Sandpiper, Vesper Sparrow, Red-shouldered Hawk, and Red-headed Woodpecker.

3. Lake Shore Marshes is a 6,270 acre Wildlife Management Area in the Towns of Huron and Wolcott, Wayne County. The WMA is a large complex of streams, Lake Ontario bays and ponds, open and forested wetlands and peatlands, as well as early successional and forested uplands. These habitats support a diversity of waterfowl, marshbirds, wading birds, forest birds, and shrubland and early successional bird species.

BCA criteria met include: waterfowl concentration site, diverse species concentration site, wading bird concentration site, migratory species concentration site, species at risk site, and bird research site. Species at risk include: Black Tern, Pied-billed Grebe, Least Bittern, Northern Harrier, Upland Sandpiper, American Bittern, Osprey, Common Loon, Sharp-shinned Hawk, and Golden-winged Warbler.

4. Peconic River Headwaters is approximately 4,267 acres consisting of several parcels along the Peconic River in the Towns of Brookhaven and Riverhead, Suffolk County. It is currently designated as the Peconic Headwaters Natural Resources Management Area. The habitats include ponds, riverine wetlands, upland grasslands, old fields, and pine barrens habitat set on a rolling terrain. The Peconic River Headwaters lies within the core of the Long Island Pine Barrens and provides the largest areas of grassland habitat in state ownership on Long Island and supports the only remaining population of Ruffed Grouse on Long Island.

BCA criteria met include: diverse species concentration site, individual species concentration site, and species at risk site. The birds of interest include Grasshopper Sparrow, Whip-poor-will, Vesper Sparrow, Northern Harrier, Short-eared Owl, and Ruffed Grouse (a rare species on the verge of extirpation from Long Island). In addition, more than 50 other species have been recorded on breeding season surveys

5. Three Rivers is a 3,615 acre Wildlife Management Area in the Town of Lysander, Onondaga County. Three Rivers is comprised of a mixture of grasslands, shrublands, wetlands and forested areas. These habitats support a diversity of early successional grassland and shrubland bird species, as well as marshbirds and wetland dependant species.

BCA criteria met include: diverse species concentration site, migratory species concentration site, individual species concentration site, and species at risk site. The WMA supports a variety of nesting grassland and early successional bird species. Wetland and forest habitats support Bald Eagle and Osprey nesting. A great diversity of songbirds have been observed during migration, including Wood Thrush, Veery, Hermit Thrush, Gray-cheeked Thrush, and Swainson’s Thrush. Northern Shrike overwinter on the area and may be observed during most winters. Species at risk include: Henslow’s Sparrow, Grasshopper Sparrow, Bald Eagle, Osprey, Cooper’s Hawk, and Vesper Sparrow. Other species of conservation concern, including American Woodcock and Bobolink, are common.

DEC will accept comments on the proposed BCAs during a 30-day public comment period which ends September 29, 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/


Public Notice Of Availability Of Funds

Federal Targeted Watersheds Grant Program
Targeted Watersheds Grant Program Call for Applications

The New York State Department of Environmental Conservation has issued a call for applications for the United States Environmental Protection Agency’s (EPA) Targeted Watersheds grant program. EPA is continuing the program by issuing the third call for nominations of watershed proposals. Up to $19 million will be made available in grants to watershed-based restoration and protection projects aimed at improving water quality throughout the country. Watershed project proposals selected for funding will be awarded up to $900,000 each over a three- to five-year period. The EPA requires a 25% non-Federal match for this program.

The 2006/2007 Targeted Watershed Grant is divided into two separate programs:

The New York State Department of Environmental Conservation is requesting applications for nomination by Governor George E. Pataki. Nominations must be submitted by a governor or tribal leader. This year EPA is lifting the restriction that only two intrastate/intratribal nominations may be submitted. Governors and tribal leaders may nominate an unlimited number of meritorious proposals. States and tribes may solicit watershed proposals in the manner most appropriate to their state/tribe.

Applications will be reviewed and evaluated by the Department using EPA’s criteria announced in the August 15, 2006 Federal Register. View the Federal Register at: http://www.epa.gov/fedrgstr/EPA-WATER/2006/August/Day-15/w6898.htm The Department will consider applications that meet the requirements exactly as identified in the Federal Register for a) Format b) Required Elements and c) Non-Federal match requirement.

To submit program applications to be reviewed for possible nomination by Governor Pataki, send an original and 10 copies to:

Targeted Watershed Grants
Division of Water
NYS Department of Environmental Conservation
625 Broadway, 4th Floor
Albany, NY 12233-3507

In addition, send an electronic copy of the application to: wqipuser@gw.dec.state.ny.us with the subject line: Targeted Watersheds Grant Program

Please note that we will not accept hand-delivered nominations.

More information about this grant program can be found on EPA’s Targeted Watersheds grant program website at http://www.epa.gov/owow/watershed/initiative/. Included on the website is the Federal Register notice, which explains the nomination and selection process, and outlines the required elements of the nomination. The website also details the requirements for Implementation Program and Capacity Building projects and provides a Frequently Asked Questions page for both project types.

Contact Information:

NYSDEC: Robert Simson 518-402-8271; rjsimson@gw.dec.state.ny.us
USEPA: Cyndy Kopitsky (212) 637-3832; kopitsky.cyndy@epa.gov


Public Notice

"Injuries to Hudson River Surface Water Resources Resulting in the Loss of Navigational Services,"

The 30-day public comment period on the draft report entitled "Injuries to Hudson River Surface Water Resources Resulting in the Loss of Navigational Services," released by the Department of Environmental Conservation on July 31, 2006, is being extended. The public comment period will now end on September 30, 2006.

This report was prepared as part of a Natural Resource Damages Assessment (NRDA) for PCB contamination of the Hudson River being carried out jointly by DEC, the United States Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration. The report is expected to form the basis of a natural resource damage claim against GE for the cost of restoring the navigability of the canal.

Report Summary:
The Champlain Canal was opened to boat traffic in 1916 and historically provided an effective means for recreational travel and commercial transport through the Upper Hudson River.1 To ensure that the Canal continued to perform this valuable role, the State of New York periodically removed sediment that naturally accumulated in the navigation channel. In approximately 1980, however, the State terminated its maintenance activities, with one exception,2 because polychlorinated biphenyl (PCB) contamination from the General Electric Company (GE) made the cost of disposing of the dredged sediment prohibitively expensive. Over time, sediment has continued to accumulate in the Canal, making navigation more difficult and dangerous. The State, as a natural resource trustee acting on behalf of the public, is responsible for assessing injuries to natural resources from the discharge of PCBs into the river and for determining how to restore lost services such as navigation of the Canal. This report describes how PCBs released by GE have adversely affected the public's ability to use the Upper Hudson River and the Champlain Canal for navigation and documents the legal basis for the State's claim for damages.

The draft report is available at public libraries in the following communities: Glens Falls, Saratoga, Troy, Poughkeepsie, Ballston Spa, Albany, Bethlehem, Athens, Croton, Catskill, New Paltz, White Plains, Cornell Cooperative Extension in Kingston, the Washington County Clerk's Office in Fort Edward, the New York State Library in Albany and at college libraries at Rensselaer Polytechnic Institute, Marist and SUNY/Albany. The report is also available at DEC's office at 625 Broadway in Albany and on the website at www.dec.state.ny.us/website/dfwmr/habitat/nrd/index.htm .

Written comments can be sent by September 30, 2006, to: Department of Environmental Conservation Steven Jay Sanford Division of Fish, Wildlife and Marine Resources 625 Broadway Albany, NY 12233-4756 or by email to: sxsanfor@gw.dec.state.ny.us


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.