Part 490 Presentation

Implications & Effects of the New 6 NYCRR Part 490 Regulations

Amanda Post

Biologist

Sterling Environmental Engineering

Community Risk and Resiliency Act (CRRA)

• September 22, 2014• Governor Cuomo signed into law the Community Risk & Resiliency Act, Chapter

355 of the Laws of 2014 (CRRA)

• January 1, 2016 • The New York State Department of Environmental Conservation (NYSDEC) is

required by law to adopt regulations establishing science based State sea-level rise projections. NYSDEC is required to update this law every 5 years.

• January 1, 2017• Guidance on how to incorporate sea-level rise projections into permitting and

other programs deadline for the NYSDEC. After this date, applicants for certain permits will be required to consider Part 490’s sea-level rise projections in individual project plans.

© 2016, Sterling Environmental Engineering, P.C2

Sea-Level Rise Projections

Office of Climate Change625 Broadway

Albany, NY 12233

518-402-8448

“Created to lead the development, in concert with other DEC programs and

NYS agencies, of programs and policies that mitigate greenhouse gas (GHG)

emissions and help NY communities and individuals adapt when changes in our

climate cannot be avoided.”

• Focuses efforts on:• Mitigation

• Emissions Inventory

• Partnerships

• Information


Community Risk & Resiliency Act (CRRA) Provisions

1. Official Sea-Level Rise Projections

2. Consideration of Sea-Level Rise, Storm Surge, and Flooding in Facility Siting, Permitting & Funding

3. Smart Growth Public Infrastructure Policy Act Criteria (SGPIPA)

4. Model Local Laws Concerning Climate Risk

5. Guidance on Natural Resiliency Measures

The State agencies responsible for implementing CRRA are currently identifying information needs and organizing staff teams to develop guidance required by CRRA. These agencies anticipate providing regular updates on progress through 2016.


Sea-Level Rise ProjectionsJanuary 1, 2016

• Information derived from ClimAID: the Integrated Assessment for Effective Climate Change Adaptation Strategies in NYS

• Published 2011, updated in 2014, by NYS Energy Research and Development Authority (NYSERDA)

• http://www.nyserda.ny.gov/climaid

• NYSERDA information is consistent with, and builds upon, the Third National Climate Assessment

• http://nca2014.globalchange.gov/report/regions/northeast


http://www.nyserda.ny.gov/climaid

http://nca2014.globalchange.gov/report/regions/northeast

Sea-Level Rise Projections

• ‘Mid-Hudson’- The main stem of the Hudson River, from the Federal dam at Troy to the mouth of the Rondout Creek at Kingston, NY

• ‘NYC/Lower Hudson’- The main stem of the Hudson River, south from the mouth of RondoutCreek at Kingston, NY

• ‘Long Island Region’- The marine coast of Nassau and Suffolk Counties


Time IntervalLow

Projection

Low-Medium

Projection

Medium

Projection

High-Medium

Projection

High

Projection

2020s 2 inches 4 inches 6 inches 8 inches 10 inches



2100 15 inches 22 inches 36 inches 50 inches 75 inches

Time IntervalLow

Projection

Low-Medium

Projection

Medium

Projection

High-Medium

Projection

High

Projection

2020s 1 inch 3 inches 5 inches 7 inches 9 inches




Time IntervalLow

Projection

Low-Medium

Projection

Medium

Projection

High-Medium

Projection

High

Projection





a) Mid-Hudson Region

b) NYC Lower Hudson Region

c) Long Island Region

© 2016, Sterling Environmental Engineering, P.C

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Sea-Level Rise Projections Incorporation into Permits

January 1, 2017

• CRRA amends the Environmental Conservation Law (ECL), Agriculture and Markets Law & Public Health Law

Requires applicants for permits and/or funding demonstrate that future climate risks have been considered and incorporated into certain facility-siting regulations

© 2016, Sterling Environmental Engineering, P.C 9

Case-Study: Gilboa Dam & Tropical Storm Irene

Schoharie, NY

• Impounds Schoharie Creek, creating Schoharie Reservoir

Northernmost of NYC’s water supplies

• Constructed: 1919-1927

• Fully Operational: 1927

• Experienced interim improvements in 2005-2006

The Journal of Dam Safety, Volume 9, Issue 3, 2011: “The largest known flood occurred in October 1903, prior to construction of the dam, when 10 inches of rain fell in 24 hours”

Capable of storing 19.5 billion gallons of water


Case-Study: Gilboa Dam & Tropical Storm Irene

Hurricane Irene in Schoharie County

August 28, 2011

• 18 inches of rain in the Catskills in less than 24 hours

• 31 Counties declared disaster areas

• 9 Bridges destroyed

• 40 Roads closed

• Lost Estimates: • 1/3rd of homes & businesses in the

Village of Schoharie

• $297 Million for the States transportation system infrastructure alone



• Permitting Programs Identified in CRRA:• CRRA Section 14a: Oil and Natural

Gas Wells• CRRA Section 15: Major Projects

• Protection of Waters• Sewerage Service• Liquefied natural gas and liquefied

propane facilities • Mined land reclamation • Freshwater wetlands• Tidal wetlands• Coastal erosion hazard areas

• Facility- Siting Programs Identified in CRRA:• CRRA Section 4: Hazardous waste

transportation, storage and distribution facility siting

• CRRA Section 9: Petroleum bulk storage

• CRRA Section 5: Hazardous substance bulk storage



• Funding Programs & Agencies Identified in CRRA:• CRRA Section 3: Water Pollution Control Revolving Fund (DEC, EFC)

• CRRA Section 6,7: Open space acquisition (DEC, Office of Parks, Recreation and Historic Preservation [OPRHP])

• CRRA Section 7: Open space project operation and maintenance agreements (OPRHP)

• CRRA Section 8: Landfill closure assistance (DEC)

• CRRA Section 10: Local waterfront revitalization (Department of State [DOS])

• CRRA Section 11: Coastal rehabilitation project assistance (DEC)

• CRRA Section 12: Agricultural and farmland protection (DAM)

• CRRA Section 13: Drinking Water Revolving Fund (DOH,EFC)








Create and Maintain


Think Green.2016 State of the State Proposed the Following

Relating to Infrastructure/Natural Resiliency Measures:

Future Opportunities in NYS• $200 Million Competition to Revitalize Upstate Airports• $1 Billion Initiative for State & Local Roads (PAVE NY)• $1 Billion Initiative for State & Local Bridges (BRIDGE NY)• $500 Million Infrastructure Hardening Program • $100 Million for Downtown Revitalization Initiative (DRI)

Funding will be awarded to innovative, forward-thinking development plans that:• reduce environmental impact, • incorporate sustainable green building techniques, • use renewable energy, • Incorporate, where appropriate, use of recycled/reclaimed

materials and permeable pavements.


Funding Already Awarded in 2016

City of Troy: Tide Gate Removal : $12,500

• “The City of Troy will disassemble and remove a tide gate located on the Wynants Kill in close proximity to the Hudson River.

• The gate’s removal will improve upstream access on this tributary for herring and American eel, and will also help reduce flooding problems.”


Planning Ahead

• The Community Risk & Resiliency Act (CRRA) will affect both public and private sectors

• Oil & Gas, Mining

• Landfill closures

• Sewerage services

• Hazardous waste

• Petroleum storage

• Drinking water

• Agriculture & Farmlands

• Open space activities

• Major projects near water

- Permits

- Facility Siting

- Funding

• The requirements that will need to be addressed for those listed above will change every 5 years according to updated sea-level predictions


Planning Ahead • Potential services that will be key to complying with State Law:• Feasibility Studies and Identification of

Required Permits• Permitting and Regulatory Agency

Coordination NYSDEC/USACOE Permits• Wetland Identification, Delineation &

Classification• Wetland Mitigation Plans• Environmental Monitoring• Natural Resource Inventories• Impact Assessments, Alternative

Analysis, and Preliminary Engineering Design


Stay Informed

© 2016, Sterling Environmental Engineering, P.C

• Notice of Adoption will be distributed

• Opportunities to review draft guidance

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Trending- California

• “…to shore up bay communities against expected sea level rise in future decades.”

• On June 7, 2016, voters can approve or reject a $12/year parcel tax for 20 years

• This money will fund clean water projects, pollution prevention programs and the restoration of approximately 35,000 acres of wetlands along the bay


Trending- Environmental Protection Agency (EPA)

• Climate Smart Brownfields• Climate Change Vulnerability Assessment

• Regional Priority given to projects that advance/contribute to community climate change resiliency


Closing/Questions

Amanda Post

Biologist

Sterling Environmental Engineering, P.C.

www.sterlingenvironmental.com

24 Wade Road

Latham, NY 12110

518-456-4900 ext. 122

[email protected]


http://www.sterlingenvironmental.com/

mailto:[email protected]

Documents

Part 490 Presentation