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Notice Of Acceptance Of Final Generic EIS

Statewide - The New York State Department Of Environmental Conservation has accepted a Final Generic Environmental Impact Statement on the proposed Repeal of Part 375 and addition of new Part 375 to Title 6 of NYCRR, Environmental Remediation Programs. The action involves The New York State Department of Environmental Conservation (Department) has proposed to repeal and replace the existing 6 NYCRR Part 375, the statewide regulation that implements the State Superfund Program, Article 27 Title 13, and the Environmental Restoration Program, Article 56 Title 5, of the Environmental Conservation Law. This action also implements Article 27, Title 14, the new Brownfield Cleanup Program. The Departmentís current regulations governing the State Superfund Program (SSF) and Environmental Restoration Program (ERP) are contained in 6 NYCRR Part 375. Revising, reorganizing, and restructuring existing Part 375, including the provision of regulation for the Brownfield Cleanup Program (BCP), is necessitated to cover the requirements provided by, and to provide for the implementation of, the 2003 and 2004 Superfund/ Brownfield Acts. These laws were enacted subsequent to the previous Part 375 rulemaking. Further, these changes will improve the readability of the regulation and decrease confusion; provide for orderly and efficient administration of the SSF, BCP and ERP.

New York State, in furtherance of its commitment to environmental protection and economic revitalization and growth in the State, has created an array of programs and resources to help clean up and reuse contaminated sites. New York State offers programs that provide for financial assistance, as well as technical assistance and liability protection, for the investigation, remediation and redevelopment of contaminated sites. This rulemaking ensures the continued protection of public health and the environment. It will also assure the most efficient utilization of public and private funding sources for the investigation and remediation of sites under such remedial programs and will ensure remediation efforts are completed as quickly as possible.

The Department has not identified any significant adverse environmental impacts from the proposed amendments to 6 NYCRR Part 375. However, the Department has chosen to use a Positive Declaration and supporting generic environmental impact statement (GEIS) as the means for describing the changes. Through the GEIS, the Department: 1) discusses the objectives and the rationale for the proposed amendments; 2) presents why alternative measures were not considered; and 3) provides the maximum opportunity for public participation.

The Departmentís current regulation governing the State Superfund Program and Environmental Restoration Program are contained in 6 NYCRR Part 375. Repealing and replacing the existing Part 375, including the provision of regulations for the Brownfield Cleanup Program, is necessitated to cover the requirements provided by, and to provide for the implementation of, the 2003 and 2004 statutory changes. These laws were enacted subsequent to the previous Part 375 rule making.

This Final GEIS addresses the environmental significance of the action by discussing and evaluating the specific matters which have been modified in the action from the existing regulations. The goals of this action are to incorporate recent statutory changes, and streamline and simplify the remedial process to clarify certain provisions of the regulations. These changes will improve the substance of environmental cleanups, make the regulations easier to use and understand, and improve agency administration of the remedial programs.

Contact: Robert W. Schick, New York State Department Of Environmental Conservation, 625 Broadway, Albany, NY 12233-7014, phone: (518) 402-9662, e-mail: derweb@gw.dec.state.ny.us.

Notice of Completion of Final Generic EIS

Lead Agencies: NYS DEC and NYS OPRHP

Project Title: Conserving Open Space in New York State 2006- Final Open Space Conservation Plan and Generic Environmental Impact Statement

Contact Persons: Francis Sheehan
625 Broadway
Albany, NY 12233-4250
(518) 402-9405

Robert Reinhardt
Agency Building 1
Empire State Plaza
Albany, NY 12238
(518) 474-0415

The Plan may also be obtained at DECís website: www.dec.state.ny.us/website/dlf/opensp/index.html

Project Location: Statewide

Project Description:
The final Plan is an update and revision of the 2002 plan which includes identification of the types and locations of open space resources, and enumeration of various open space conservation methods including voluntary and protection programs, land use regulations as well as acquisition of land, or an easement interest in land by the State. The plan describes the selection process for deciding when acquisition may be the appropriate method of open space conservation. It also makes recommendations for legislative and executive action on a number of open space conservation issues including: the recommendations of the Governorís Quality Communities Task Force relating to intergovernmental cooperation and coordination on land use planning and open space protection, private and public land stewardship, tax policy, care and disposition of State land, the involvement of federal and local governments and not-for-profit conservation organizations.

New to this plan is the incorporation of elements to qualify the Plan as the Coastal and Estuarine Land Conservation Plan required for participation in the federal Coastal and Estuarine Land Conservation Program, administered by the National Oceanic and Atmospheric Administration.

The final Plan also expands the existing Catskill Mountain Forest Legacy area to include the Shawangunk Ridge and creates a new Forest Legacy Area in the Finger Lakes region to allow these areas to compete for funding from the United States Forest Serviceís Forest Legacy program to conserve forest resources.

It also authorizes a new priority project category that will enable the State to acquire lands adjacent to, or in holdings within, existing State Forests, Unique Areas and Wildlife Management Areas.

The final Plan incorporates the Stateís new Comprehensive Wildlife Conservation strategy into the land acquisition and conservation strategies of the Plan.

The Plan includes a priority project on long distance trail corridors to provide permanent public access and safe travel routes on long distance trails including the Appalachian Trail, Long Path, Finger Lakes Trail, Erie Canal Greenway, Genny-Green Trail/Link, Long Island Greenbelt Trail System, North Country Scenic Trail, Remsen-Lake Placid Travel Corridor and the Northville-Lake Placid Trail.

The final Plan also contains a listing of specific high priority conservation projects eligible for State land acquisition. The final Plan will be presented to the Governor and the Legislature, and following approval by the Governor, the Plan will continue to guide both NYS DEC and NYS OPRHP in their open space conservation and land acquisition programs.

Notice Of Adoption

6 NYCRR 6.4 Experimental Research Trapping Season for Bobcat And Fisher

Pursuant to the Environmental Conservation Law Sections 11-0303 and 11-1103, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption for 6 NYCRR 6.4, Experimental Research Trapping Seasons for Bobcat and Fisher. This notice will be published in issue 44 of the State Register, dated 11/01/2006.

For further information contact:

Gordon R. Batcheller
Certified Wildlife Biologist
N.Y.S. Department of Environmental Conservation
Division of Fish, Wildlife & Marine Resources
625 Broadway
Albany, NY 12233-4754
Voice 518-402-8885
FAX 518-402-8925

Public Notice

Notice of Availability for Public Review
The Draft Construction Stormwater Inspection Manual

This manual is for use by DOW and other regulatory oversight construction stormwater inspectors in performing compliance inspections, as well as to site operators in performing self inspections. The manual should be used in conjunction with the New York State Standards and Specifications for Erosion and Sediment Control, August 2005.

A copy of the draft "Construction Stormwater Inspection Manual" can be accessed from the Stormwater Program Guidance Documents for Construction page.

Public Comment - The Department is soliciting comments on the document from individuals or agencies involved or interested in the construction stormwater inspections. The comment period runs until December 1, 2006.

Please send all comments to Angus Eaton, P.E. at akeaton@gw.dec.state.ny.us or NYS Department of Environmental Conservation, Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505.