STATEWIDE NOTICES
ENB Date: 11/5/2014
Public Notice
Notice of Adoption
Pursuant to Environmental Conservation Law, sections 3-0301(2)(m), 9-0105(1) 9-1503(1), 9-1503(2), 9-1503(3) and 9-0103(4), the New York State Department of Environmental Conservation (NS DEC) hereby gives notice of the following:
Amendment of Sections 193.5 and 193.7 for American Ginseng in New York State. Requires written landowner permission to harvest Ginseng, change method to determine maturity of Plants, streamline reporting. Effective November 12, 2014.
For further information, please contact:
Jenson Denham, NYS DEC - Division of Lands and Forests, 625 Broadway, Albany, New York 12233
Phone: (518) 402-9425
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Notice of Availability for Comment
Draft General SPDES Permit GP 0-15-001 for Private/Commercial/Institutional (P/C/I) Discharges to Groundwater of Treated Sanitary Waste between 1,000 and 10,000 Gallons per Day per Outfall.
The New York State Department of Environmental Conservation (NYS DEC) proposes to issue, and hereby makes available for public review and comment, a draft of GP 0-15-001 for treated sanitary wastewater discharges to groundwater, and the associated Fact Sheet, under the State Pollutant Discharge Elimination System (SPDES) program.
GP 0-15-001 will authorize the subsurface discharge of treated sanitary waste, without the admixture of industrial wastes, from Private/Commercial/Institutional (P/C/I) facilities with treatment systems discharging between 1,000 and 10,000 gallons per day (GPD) per outfall. GP 0-15-001 will replace GP 0-05-001 (which expires on May 10, 2015).
GP 0-15-001 will only be issued to facilities with on-site treatment systems that are designed in accordance with Design Standards for Intermediate-Sized Wastewater Treatment Systems (DEC-2014) or for facilities in the Lake George Basin, in accordance with the current Lake George Design Standards.
This project is an Unlisted Action under the State Environmental Quality Review Act. A Negative Declaration is on file. A coordinated review was not performed in accordance with 6NYCRR Part 617.6(b)(4).
Copies of the draft P/C/I General Permit and Fact Sheet are available on NYS DEC website at: http://www.dec.ny.gov/permits/6061.html or by contacting Tom Boekeloo at 518-402-8243.
Written comments on the draft general permit must be submitted by close of business on December 5, 2014 to the contact listed below.
Contact: Thomas Boekeloo, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505.
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Notice of Availability for Comment
Proposed Changes to the Lake George Design Standards for Wastewater Treatment Systems
The New York State Department of Environmental Conservation (NYS DEC) is making the draft revision of the Lake George Design Standards for Wastewater Treatment Systems available for public review.
Project is not subject to SEQR because it is a Type II action.
A copy of the draft update of the Lake George Design Standards is available on NYS DEC's website at: http://www.dec.ny.gov/chemical/79072.html or by contacting Tom Boekeloo, Phone: (518) 402-8243.
Written comments on the draft update of the Lake George Design Standards must be submitted by close of business on December 5, 2014 to the contact listed below.
Contact: Tom Boekeloo, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505.
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Notice of Acceptance of Draft GEIS and Public Comment Period
Statewide - The New York State Public Service Commission (NYS PSC), as lead agency, has accepted a Draft Generic Environmental Impact Statement on the proposed Reforming the Energy Vision and Clean Energy Fund. Comments on the Draft EIS will be accepted until December 5, 2014. The Draft EIS is available from the NYS PSC, Three Empire State Plaza, 14th Floor, Albany, NY 12223-1350; NYS PSC, 90 Church Street, 4th Floor, New York, NY 10007-2919 and on line at: http://www.dps.ny.gov/.
The New York State Public Service Commission's proposed actions regarding Reforming the Energy Vision and establishing a Clean Energy Fund involve: (a) increased penetration of distributed energy generation technologies including solar, wind, fuel cells, hydroelectric, and various combustion technologies (including natural gas) to address peak load demand on New York's electric system assisted by Distributed System Platform Providers; (b) increased customer participation and penetration of energy efficiency technologies and demand management measures to address peak load demand on New York's electric system; (c) modifications in the current regulatory, tariff, and market design and incentive structures to best promote the goals and objectives of Reforming the Energy Vision and establishing a Clean Energy Fund; (d) ensuring continuity of the State's clean energy programs in a manner that complements the existing suite of clean energy programs, including NY-Sun Initiative, New York Green Bank, Energy Efficiency Portfolio Standard (EEPS), Renewable Portfolio Standard (RPS) and Technology and Market Development (T&MD); (e) providing flexibility to allocate funds among a portfolio of clean energy programs in response to evolving circumstances; (f) fostering a more rapid, significant, and sustainable increase in the adoption of clean energy services and technologies; (g) enhancing program efficiency and leverage; (h) providing access to clean energy for low-income customers that may not otherwise benefit from the new markets that develop; and (i) managing the transition from ratepayer surcharges to more sustainable market-based clean energy activities.
Contact: James Austin, NYS PSC, Three Empire State Plaza, 14th Floor, Albany, NY 12223-1350
Phone: (518) 473-4635
E-mail: James.Austin[at]dps.ny[dot]gov.
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ENB Date: 11/12/2014
Public Notice
Notice of Revised Rule Making for Proposed New 6 NYCRR Part 570, Liquefied Natural Gas - Public Comment Period and Availability of Documents
Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) is revising the proposed 6 NYCRR Part 570.
On September 11, 2013, NYS DEC formally proposed the addition of Part 570 to 6 NYCRR to implement requirements for the safe siting and operation of liquefied natural gas (LNG) facilities and transportation of LNG in New York State (the State) under Article 23, Title 17 of the Environmental Conservation Law. Adoption of Part 570 would allow NYS DEC to permit the siting, construction, and operation of LNG facilities in response to the renewed interest in locating LNG facilities (particularly heavy-duty truck fueling facilities) in the State. Part 570 also addresses the transportation of LNG and the statutory requirement that intrastate transportation only occur along approved routes.
NYS DEC held two public information meetings and one public hearing during the public comment period, which ended on December 4, 2013. Approximately 57,000 submittals were received, representing over 131,000 individual comments with 195 unique comments identified. NYS DEC evaluated all comments received and prepared an Assessment of Public Comment, which is available on NYS DEC's website (see link below). Proposed Part 570 and supporting rule making documents have been revised and a Notice of Revised Rule Making was published in the State Register on November 12, 2014.
The proposed substantial revision would establish an upper limit of 70,000 gallons on the amount of LNG that a facility would be permitted to store. This revision is being made in response to public comments received during the proposed rule making. A limit on LNG facility capacity of 70,000 gallons would be a conservative approach that recognizes the different requirements for large tanks/facilities included in the National Fire Protection Association standards on this subject. As NYS DEC gains experience with permitting LNG facilities and more information becomes available regarding the relationship between facility capacity and the risk of fire or explosion, and other relevant issues, NYS DEC may reconsider the capacity limit in future revisions to Part 570. The proposed revision to Part 570 also includes several minor changes that reflect public comment.
Submitting Written Comments
NYS DEC is accepting written public comments through Friday, December 12, 2014 on the revised proposed Part 570 and revised supporting rule making documents. Written comments can be submitted by:
(1) Email [include 'Comments on Revised Proposed Part 570' in the subject line]; or
(2) Mail to Russ Brauksieck, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020.
Availability of documents for review: The revised proposed Part 570 and revised supporting rule making documents are available on NYS DEC's web site at: http://www.dec.ny.gov/regulations/93069.html.
These documents may also be inspected at the following NYS DEC offices (call the noted contact for an appointment):
• NYS DEC - Region 3, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Ed Moore (845) 256-3137
Contact: Russ Brauksieck, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020, Phone: (518) 402-9553, E-mail: derweb[at]dec.ny[dot]gov
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ENB Date: 11/19/2014
Public Notice
Notice of Emergency Adoption and Proposed Rule Making to Amend 6 NYCRR Part 3, Section 189
Pursuant to the Environmental Conservation Law sections 3-0301, 11-0325, 11-1905 and 27-0703, the New York State Department of Environmental Conservation
(NYS DEC) hereby gives notice of the following:
Notice of Emergency Adoption and Proposed Rule Making to amend 6 NYCRR Part 189 pertaining to Prohibitions.
This notice will be published in issue 46 of the State Register, dated November 19, 2014.
For further information, please contact:
Patrick Martin, NYS DEC - Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, New York 12233
Phone: (518) 402-9001, E-mail: Patrick.Martin[at]dec.ny[dot]gov
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Notice of Revised Rule Making to Amend 6 NYCRR Part 40.
Pursuant to the Environmental Conservation Law sections 11-0303 and 13-0338, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:
Notice of Revised Rule Making to amend 6 NYCRR Part 40 pertaining to the Management of Coastal Sharks. This notice will be published in issue 47 of the State Register, dated November 26, 2014.
For further information, please contact:
Stephen W. Heins, NYS DEC - Division of Fish, Wildlife and Marine Resources, 205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400, Phone: (631) 444-0435, E-mail: steve.heins[at]dec.ny[dot]gov
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New York State Department of Environmental Conservation (NYS DEC) to Recognize Six Innovative Programs at the 11th Annual NYS Environmental Excellence Awards Ceremony - Registration Now Open
NYS DEC will recognize six organizations for their innovative programs and commitment to environmental sustainability, social responsibility and economic viability at the 11th Annual New York State Environmental Excellence Awards ceremony at 10:00 a.m. on Wednesday, December 10, 2014. The event will take place at the Colleges of Nanoscale Science and Engineering, SUNY Polytechnic Institute's NanoFab South Rotunda and Auditorium in Albany. It is open to the public, however space is limited and those wishing to attend must pre-register at: http://on.ny.gov/eearegistration.
The event will showcase innovations by businesses investing in energy efficiencies and undertaking continuous improvements to become carbon-neutral; a university reducing solvent use through a comprehensive recycling program; an inter-municipal coalition creating and protecting critical wetlands and a municipal program that is resulting in an innovative, sustainable, economically viable and socially acceptable solution to replacing aging agricultural fuel tanks atop Long Island's sole source aquifer. The program will also include an update about the Colleges of Nanoscale Science and Engineering at SUNY Polytechnic Institute's role in building New York's innovation-driven economy as a global leader in high-tech education, research, and development.
Following the awards ceremony, there will be a tour of the Owens Corning facility in Glenmont, NY. Owens Corning, a 2012 Environmental Excellence Award winner, is implementing clean-tech solutions and innovative process changes as part of the production of insulation from natural minerals, recycled glass and an innovative starch-based binder that replaced a formaldehyde-based binder. Space is limited and those interested must pre-register.
NYS DEC established the Environmental Excellence Award in 2004 to recognize and give visibility to selected businesses, schools, municipalities, governments and not-for-profit organizations achieving outstanding environmental sustainability, social responsibility and economic viability. Since then, NYS DEC has recognized 60 organizations.
For more information about the awards ceremony, contact: Marna Posluszny, NYS DEC - Division of Environmental Permits and Pollution Prevention, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9467, Fax: (518) 402-9168, E-mail: awards[at]dec.ny[dot]gov.
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ENB Date: 11/26/2014
Public Notice
State Pollutant Discharge Elimination System (SPDES) Extension of the Comment Period for the General SPDES permit for Private/Commercial/Institutional (P/C/I) Discharges to Groundwater of Treated Sanitary Waste between 1,000 and 10,000 Gallons per Day per Outfall
Permit No. GP-0-15-001
The New York State Department of Environmental Conservation (NYS DEC) is extending the public comment period for review of a draft version of the renewal of the SPDES General Permit for P/C/I Discharges to Groundwater of Treated Sanitary Waste between 1,000 and 10,000 Gallons per Day per Outfall (GP-0-15-001) and Fact Sheet. The PCI GP draft permit and Fact Sheet were initially posted in the November 5, 2014 Environmental Notice Bulletin (ENB) for a 30 day public review period.
The general permit for wastewater treatment systems serving P/C/I facilities will authorize new and existing discharges of treated sanitary waste, without the admixture of industrial waste, to soil-based treatment systems discharging to groundwater in accordance with Environmental Conservation Law and the Clean Water Act.
Copies of the draft P/C/I General Permit and Fact Sheet are available on NYS DEC website at: http://www.dec.ny.gov/permits/6061.html or by contacting Tom Boekeloo at 518-402-8243.
Written comments on the draft general permit must be submitted by close of business on January 5, 2015, to the contact listed below.
Contact: Thomas Boekeloo, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3505.
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New York State Department of Environmental Conservation (NYS DEC) to Recognize Six Innovative Programs at the 11th Annual NYS Environmental Excellence Awards Ceremony - Registration Now Open
NYS DEC will recognize six organizations for their innovative programs and commitment to environmental sustainability, social responsibility and economic viability at the 11th Annual New York State Environmental Excellence Awards ceremony at 10:00 a.m. on Wednesday, December 10, 2014.
The event will take place at the Colleges of Nanoscale Science and Engineering, SUNY Polytechnic Institute's NanoFab South Rotunda and Auditorium in Albany. It is open to the public, however space is limited and those wishing to attend must pre-register at: http://on.ny.gov/eearegistration.
The event will showcase innovations by businesses investing in energy efficiencies and undertaking continuous improvements to become carbon-neutral; a university reducing solvent use through a comprehensive recycling program; an inter-municipal coalition creating and protecting critical wetlands and a municipal program that is resulting in an innovative, sustainable, economically viable and socially acceptable solution to replacing aging agricultural fuel tanks atop Long Island's sole source aquifer. The program will also include an update about the Colleges of Nanoscale Science and Engineering at SUNY Polytechnic Institute's role in building New York's innovation-driven economy as a global leader in high-tech education, research, and development.
Following the awards ceremony, there will be a tour of the Owens Corning facility in Glenmont, NY. Owens Corning, a 2012 Environmental Excellence Award winner, is implementing clean-tech solutions and innovative process changes as part of the production of insulation from natural minerals, recycled glass and an innovative starch-based binder that replaced a formaldehyde-based binder. Space is limited and those interested must pre-register. NYS DEC established the Environmental Excellence Award in 2004 to recognize and give visibility to selected businesses, schools, municipalities, governments and not-for-profit organizations achieving outstanding environmental sustainability, social responsibility and economic viability. Since then, NYS DEC has recognized 60 organizations.
For more information about the awards ceremony, contact: Marna Posluszny, NYS DEC - Division of Environmental Permits and Pollution Prevention, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9467, Fax: (518) 402-9168, E-mail: awards[at]dec.ny[dot]gov.
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Clean Water State Revolving Fund (CWSRF) for Water Pollution Control
Final FFY 2015 Intended Use Plan (IUP)
The New York State Environmental Facilities Corporation (NYS EFC) and the Department of Environmental Conservation (NYS DEC) have prepared the final Federal Fiscal Year (FFY) 2015 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF). The IUP includes a list of projects that may receive financial assistance between October 1, 2014 and September 30, 2015.
The final 2015 CWSRF IUP is available to review and download on NYS EFC's website at: www.efc.ny.gov (Click on "Clean Water State Revolving Fund", then "Intended Use Plan and Amendments").
For assistance and other general information on the CWSRF program, please contact:
Dwight Brown, NYS EFC - Division of Engineering and Program Management, 625 Broadway, Albany, NY 12207-2997
Phone: (800) 882-9721 or (518) 402-7396, Fax: (518) 402-7456, E-mail: CWSRFinfo[at]efc.ny[dot]gov
Information on the Clean Water SRF and other NYS EFC programs can be obtained at: www.efc.ny.gov.
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ULSTER COUNTY NOTICES
ENB Date: 11/12/2014
Dutchess, Orange, Putnam, Rockland, Ulster and Westchester Counties - The New York State Department of Environmental Conservation, as lead agency, has determined that the proposed Hudson River Estuary Habitat Restoration Plan will not have a significant adverse environmental impact. The Hudson River Estuary Habitat Restoration Plan identifies priority habitat types for restoration in the Hudson River estuary based on three (3) criteria: 1) habitats that are important to the overall health of the ecosystem, 2) habitats that have been degraded or destroyed on a large scale by human action and 3) habitats for which there are existing feasible opportunities for restoration. The criteria resulted in four (4) priority habitats for restoration: 1) intertidal habitats, 2) shallow water habitats, 3) shorelines, and 4) tributary stream habitats. The plan identifies five (5) restoration actions intended to restore the four priority Hudson River habitats: 1) preserve existing estuary habitat, 2) restore side channels, including tidal wetlands, vegetated shallow waters, back waters and intertidal habitats, 3) promote and implement fish passage, dam removal and culvert right-sizing in tributaries, 4) promote and implement use of ecologically enhanced shoreline treatments and 5) implement programs to control invasive plant species including preventing new introductions.
The plan will serve to set priorities and guide partnerships with state and federal agencies, municipalities and non-governmental organizations to restore habitats in the Hudson River estuary on an ecosystem scale, and will not have a significant adverse environmental impact on the estuary. Detailed site specific and restoration design information has not been developed. Individual projects implemented under the restoration plan will be subject to full permitting processes including SEQR review. The Hudson River Estuary Habitat Restoration Plan can be found at: http://www.dec.ny.gov/lands/4920.html.
The project is located along the Hudson River estuary from Troy, New York to the Tappan Zee Bridge.
Contact: Daniel Miller, NYS DEC - Hudson River Estuary Program, P.O. Box 315, Staatsburg, NY 12580, Phone: (845) 889-4745, E-mail: HREP[at]dec.ny[dot]gov.
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Completed DEC Application
Applicant: Arm-of-the-Sea Productions Inc., 1036 Main St., Malden on Hudson, NY 12453
Facility: Arm of the Sea Theatre, E. Bridge St Adjacent to #61, Saugerties, NY
Application ID: 3-5148-00430/00001
Permit(s) Applied for:
Article 15 Title 5 Excavation & Fill in Navigable Waters
Section 401 - Clean Water Act Water Quality Certification
Project is Located: Saugerties, Ulster County
Project Description:
The applicant proposes fill within the navigable waterbody Esopus Creek (NYS Water Index#: H-171, Class C) in association with the waterfront revitalization and shoreline stabilization project located at the site of an abandoned paper mill north of the Village of Saugerties' Tina Chorvas Park. The project consists of the following: rehabilitation of a failing wooden bulkhead; construction of a new public access area along the rehabilitated bulkhead; placement of stone within the former mill sluiceways along the shoreline for public access to Esopus Creek; and the placement of rip rap along 145 feet of the bank for shoreline stabilization.
State Environmental Quality Review (SEQR) Determination:
Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.
SEQR Lead Agency: None Designated
State Historic Preservation Act (SHPA) Determination:
A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. No further review in accordance with SHPA is required.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Nov 28, 2014.
Contact: Jonathan J Stercho, NYSDEC Region 3 Headquarters, 21 South Putt Corners Rd, New Paltz, NY 12561, (845)256-3054
DEP.R3[at]dec.ny[dot]gov
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ENB Date: 11/19/2014
Completed DEC Application
Applicant: Kyle Bragg
Facility: Bragg Property, 25 Dogwood Knoll, Highland, NY
Application ID: 3-5132-00189/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Project is Located: Lloyd, Ulster County
Project Description:
The applicant proposes to construct a single family residence with 2500 square feet in the adjacent area of Wetland H-7, Class 3.
Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.
State Environmental Quality Review (SEQR) Determination:
Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.
SEQR Lead Agency: None Designated
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Dec 04, 2014.
Contact: Janet Swentusky, NYSDEC Region 3 Headquarters, 21 South Putt Corners Rd, New Paltz, NY 12561
Phone: (845)256-3054, E-mail: DEP.R3[at]dec.ny[dot]gov
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ENB Date: 11/26/2014
Ulster County - The City of Kingston Planning Board, as lead agency, has determined that the proposed 50 Abeel Street will not have a significant adverse environmental impact. The action involves the conversion of an existing building in the Nationally Registered Rondout Historic District into 7 residential apartment units. The structure was originally a synagogue and most recently a restaurant and bar. The majority of the changes will be made on the interior with minimal exterior changes to accommodate entryways for the units. A portion of the off street parking requirement will be met with the creation of a small lot across the street. Municipal parking lots in close proximity allow the City of Kingston Planning Board to waive the remaining parking space. The project is located at 50 Abeel Street in the City of Kingston, New York.
Contact: Suzanne Cahill, City of Kingston, 420 Broadway, Kingston, NY 12401
Phone: (845) 334-3955, E-mail: scahill[at]kingston-ny[dot]gov
