region 5 program functions-2011

11/28/2011

NYSDEC

Region 5 Program Functions & Roles

2 Region 5 Program Description

Contents Environmental Permits ...................................................................................................................................................................... 3

Environmental Quality ...................................................................................................................................................................... 4

Air Resources ......................................................................................................................................................................................... 5

Environmental Remediation .................................................................................................................................................................. 6

Materials Management ........................................................................................................................................................................ 7

Water .................................................................................................................................................................................................... 8

Natural Resources ........................................................................................................................................................................... 10

Lands & Forests ................................................................................................................................................................................... 11

Wildlife ................................................................................................................................................................................................ 12

Fisheries ............................................................................................................................................................................................... 13

Real Property ....................................................................................................................................................................................... 13

Minerals .............................................................................................................................................................................................. 14

Office of General Counsel/Legal Affairs ........................................................................................................................................... 15

Operations ...................................................................................................................................................................................... 16

Public Affairs ................................................................................................................................................................................... 18

Regional Administration .................................................................................................................................................................. 19

Public Protection ............................................................................................................................................................................. 20

Forest Rangers..................................................................................................................................................................................... 22

Law Enforcement ................................................................................................................................................................................ 23

Adirondack Lakes Survey Corporation (ALSC) – Division of Air ........................................................................................................ 24

Region 5 Profile ............................................................................................................................................................................... 25


Environmental Permits

The Permit Management System The Division of Environmental Permits (Permits) manages the review of a variety of permits that function to protect New York’s air, water, mineral, and biological resources. As part of this responsibility, Regional Permits staff conveys information about permit programs, permit jurisdictions and permit applications to the public and solicits public comment in regard to individual permit applications and environmental impact statements reviewed by the regional office. In a typical year in Region 5, approximately 1,100 permit applications are processed in accordance with the procedures and timeframes of the Uniform Procedures Act. With the exception of certain denials that are issued by the commissioner, permit decisions are issued by the Division of Environmental Permits. Accordingly, the Division’s mission is:

Division’s Mission

“To Manage the Department of Environmental Conservation’s permit system, provide related public Information, perform comprehensive environmental analyses to assure timely and consistent decisions so that protection of the environment is balanced with

social and economic considerations.”

Permit jurisdiction originates from the Environmental Conservation Law (ECL), the federal Clean Air Act, the federal Clean Water Act and NYS Navigation Law.

Benefits to the Public One primary contact for all permits required for a project; better compliance with environmental laws and rules because of public understanding of requirements and helping to provide clearer, simpler DEC regulations, without redundancy, inequities or unneeded requirements on regulated parties.

State Environmental Quality Review (SEQR) In accordance with SEQR’s mandate, Permits’ staff conduct environmental reviews of the permit applications handled under the Permit Management System. This responsibility requires that staff determine whether an Environmental Impact Statement is required in conjunction with the Department’s review of permit applications for activities regulated under ECL. In addition, Permits staff assist other program units with implementation of SEQR at the regional level.

Energy Project Reviews Environmental Permits has responsibility for managing the review and issuance of Water Quality Certificates (WQCs) required in conjunction with federally licensed hydroelectric facilities. Wind Farm Development Review and Energy Transmission Corridor reviews are being handled by Central Office staff with regional staff input.

Permit Types Air Title V

Air State Facility

Dams

Docking Facility

Endangered Species Take

Navigable Waters

Floating Objects

Freshwater Wetlands

Hazardous Waste

Mining

Radiation Control

Solid Waste

SPDES

Stream Disturbance

Water Quality

Water Supply/Withdrawal

Wild, Scenic, Recreational River

Environmental Quality


Air Resources

The Division of Air Resources (DAR) strives to improve and maintain the air quality throughout the State. The nine Regional Offices are primarily responsible for permitting and enforcement, while the Albany Central Office carries out support and research efforts. Recognizing that air quality is both a regional and local problem, DAR works closely with USEPA and agencies from other states, as well as local and tribal governments within the State. In addition, DAR collaborates with academic institutions on various air pollution research projects, and is actively involved with national and regional air pollution/air quality management associations. The Division consists of nine Regional Offices and six (Central Office) Bureaus. Tasks involved with these functions are as follows:

Permitting: Providing technical assistance to permittees and potential

permittees regarding the type of permit required, and how to complete a permit application. Note that there are three different types of “permits” – Title V, Air State Facility and registration.

Entering necessary data into the Air Facility System (AFS) and resolving errors.

Coordinating review of the permit applications with other Divisions’ needs. - Performing the technical review of the proposed action. - Resolving technical issues with applicant. - Building the draft permit in AFS. - Responding to comments on the draft permit. - Producing a final permit using AFS.

Enforcement: Performing on-site inspection of air contamination sources,

both permitted and unpermitted, to determine compliance with applicable laws, regulations and/or permits. These include:

- Annual inspections of major (Title V) facilities. - Inspections of Synthetic Minor-80% (SM-80) facilities. - Regular inspections of other permitted facilities. - Complaint investigations at both permitted and

unpermitted facilities (or locations).

Oversight of Stack Tests and Relative Accuracy Test Audits. Includes review of protocols, witnessing stack tests and review of test reports for compliance with applicable practices and procedures.

Technical review of stack test, continuous emissions monitoring system and other compliance monitoring reports for compliance with applicable laws, regulations and/or permits.

Technical review of all compliance certifications and compliance monitoring reports for compliance with applicable laws, regulations and/or permits.

Providing appropriate follow-up to above technical reviews. This may include preparing a case report to initiate enforcement action, writing a warning letter to a potential violator, making a telephone call to educate a potential violator, etc.

Entering information from all of the above activities into AFS so they can be tracked and used for planning and other functions performed by various DEC staff.

To a somewhat lesser extent, the Regions perform, or assist in a variety of other functions including: Outreach/Technical Assistance – participation in job fairs, etc./providing technical information to the public, regulated community, other government entities, other DEC staff, trade organizations, etc. Ambient Monitoring – providing justification of the need for ambient monitors, scouting out potential sites for ambient monitors, and coordinating with staff from the Bureau of Air Quality Surveillance. Air Pollution Episodes/Emergencies – providing technical assistance to initial responders on air pollution episodes/emergencies, if necessary. Emission Reduction Credits – providing technical assistance to those wishing to create/use Emission Reduction Credits (ECRCs), reviewing the information submitted, and performing any follow-up permitting or other action needed. Mobile Source Program Information – dissemination of information on Mobile Source Program initiatives/regulations/etc. and facilitating/performing enforcement of certain regulatory requirements of this Program. Regional staff support and are supported by six Central Office Bureaus:

Bureau of Air Quality Planning;

Bureau of Air Quality Analysis and Research;

Bureau of Air Quality Surveillance;

Bureau of Quality Assurance;

Bureau of Stationary Sources;

Bureau of Mobile Sources and Technology Development.


Environmental Remediation Brownfield Cleanup Program (successor to the

Voluntary Cleanup Program) Developed to enhance private-sector cleanup of brownfields and to reduce development pressure on “greenfields.” Specific tasks include:

Assisting applicants with filing process and participating in pre-application meetings.

Serving as project managers during investigation and remediation phases.

Environmental Restoration Program Provide municipalities with financial assistance for site investigations and remediation at eligible brownfield sites. Specific tasks include:

Assisting municipalities with application.

Reviewing applications for completeness and initiating internal processing.

Serving as project managers during the investigation and remediation phases.

Brownfield Opportunity Area Program Provide technical and financial assistance to municipalities and community based organizations to conduct redevelopment planning for designated areas containing brownfield sites. Regional staff participate in meetings with the applicants and administer contracts.

State Superfund Program (Inactive Hazardous Waste

Disposal Site Remedial Program) Oversee the identification, investigation and clean up of sites where consequential amounts of hazardous waste may exist. These activities are carried out by Responsible Parties of the State. State lead actions utilize Superfund allocations to complete the necessary activities. Citizen participation is a key component of the State Superfund process.

Spill Response Program Oversee the cleanup of releases of petroleum, toxic chemicals, gases, and other hazardous materials that occur throughout New York State. Specific tasks include:

Providing initial response to releases 24 hours per day, 365 days per year.

Directing responsible parties to perform emergency and long-term remedial measures.

Hiring and directing standby DEC contractors to perform emergency and long-term remedial measures to contain, cleanup and remove released material. Funding is provided by a tax applied to petroleum products entering New York.

Providing technical assistance to Regional Law Enforcement and Attorney’s during enforcement proceedings.

Providing technical support to the NYS Attorney General’s Office in their efforts to recover cleanup funds and penalties from responsible parties.

Petroleum and Chemical Bulk Storage Program Provides guidelines and controls for the storage of many different hazardous chemicals in conjunction with a tank registration program. Specific tasks include:

Processing registration applications (petroleum) and licensing major (>400,000 gallons of capacity) oil storage facilities. Chemical Bulk Storage registrations are processed in Central Office.

Performing facility inspections to evaluate compliance with Department promulgated rules and regulations.

Initiating enforcement actions for non-compliance.

Hazardous Waste Regulation Conduct field inspections of Resource Conservation and

Recovery Act (RCRA) regulated facilities and manage the RCRA Compliance Program. Maintain the RCRA databases for tracking, enforcement and compliance.

Work with Division of Environmental Enforcement attorneys to develop enforcement cases and participate in negotiating with the facilities.

Provide determinations, technical assistance and guidance regarding hazardous waste identification, hazardous waste facility permit applicability and exemptions, land disposal restrictions, and the recycling and reuse of hazardous materials.

Provide technical assistance to the regulated community and the public on the hazardous waste regulations pertaining to used electronics, munitions, mercury, explosives, lead shot, lead paint, antifreeze and universal waste issues.

Provide support to Central Office staff in administering the RCRA Corrective Action Program.

Tasks include plan review, certification report review and treatment, storage and disposal units closure oversight, post-closure permits, corrective action investigations, corrective measures studies, and interim and final remedies.

Respond to complaints and provide assistance to the Division of Law Enforcement.

MPM Monitor - A full-time DEC Environmental Monitor works at MPM Waterford facility. The monitor coordinates all regulated solid waste and hazardous materials activities at this facility. The most significant portion of the work is in support of RCRA functions. The Monitor is a certified RCRA inspector and is specially trained and accredited. The Monitor position is a requirement of the RCRA permit for the MPM Waterford facility. The Monitor functions as the team leader for the Region’s RCRA inspection. The Monitor also assists inspection and activities of other Divisions of the Department, such as Water or Air. This Monitor conducts inspections, prepares enforcement documents, responds to complaints, provides information to the public and reports to and interacts with the Environmental Monitor office and the Regional Remediation Engineer.


Materials Management

Solid Waste Management

Inspect all the types of facilities regulated under the solid waste regulations, including municipal and industrial landfills, Construction & Demolition Debris (C&D) landfills and processing facilities, recyclables handling facilities, waste tire storage facilities, land application facilities, waste-to-energy facilities, and transfer stations.

Prepare case reports for violations, work with DEC attorneys to develop enforcement cases, and participate in negotiations with the facility.

Provide engineering geology assistance. Review geologic and hydrogeologic reports submitted as part of permit applications, closure plans, remedial plans, and post closure monitoring reports.

Review Beneficial Use Determinations (BUDs). Perform primary review of BUD petitions.

Review proposals involving the updated management of navigational dredge material.

Review proposals for composting, land application, and similar facilities, including permit application reviews, annual report reviews, and providing regulatory interpretations.

Provide technical assistance to local governments, schools, the private sector, and individuals to enhance their capability to plan and implement solid waste reduction, reuse, recycling, and composting programs.

Provide technical review of proposals for solid waste reduction and recycling facilities, and household hazardous waste collection days.

Provide technical assistance and support to the Division’s automotive dismantler initiatives, and the waste tire abatement program.

Review Municipal Solid Waste Management Plans and updates to those plans.

Review permits, registrations, and proposals for solid waste management facilities, including, but not limited to, municipal and industrial landfills, C&D landfills and processing facilities, recyclables handling facilities, waste tire storage facilities, land application facilities, waste-to-energy facilities, and transfer stations.

Provide technical, administrative, and regulatory assistance to local governments, the private sector, and individuals on the Part 360 waste regulations.

Review financial assurance instruments related to solid waste transfer, storage, processing, and disposal facilities.


Pest Management

Conduct inspections to assure compliance with and accurate reporting of information required under the Pesticide Reporting Law.

Regulate use, manufacture, distribution and sale of pesticides through compliance assistance and inspections of Certified Applicators, Producer Establishments, Agricultural Use Observations, Pest Control Businesses, Non-Agricultural Use Observations, and Market Places.

Prepare case reports for violations, work with DEC attorneys to develop enforcement cases, and participate in negotiations with the facility.

Deliver technical, administrative, and regulatory assistance to local governments, the private sector, and individuals on the pesticides laws and regulations.

Provide applicator certification training and oversee and administer certification examinations of applicators.

Provide outreach to the regulated community and to the public on pesticide issues. Participate in and hold meetings and workshops with the regulated community and interested public. Outreach activities include speaking at conferences and association meetings, and technical responses to inquiries.

Perform pesticide inspections to assure that pesticides are being used properly and to assure that only registered pesticides are being sold at registered businesses.

Participate in responses to pesticide incidents.

Regulate use of pesticides to control aquatic pests in surface waters (e.g., Eurasian Water Milfoil, blackfly, and mosquito larvae, and undesirable fish such as lamprey).



Water

State Pollution Discharge Elimination System (SPDES) Individual Permits These authorize the discharge of pollutants to the surface and groundwaters of the state from point sources including municipal sewage treatment plants, industrial facilities and private/commercial/institutional facilities. Specific tasks include:

The preparation of draft SPDES permits for “decentralized” facilities.

The review and approval of engineering design plans for wastewater treatment and collection systems serving “decentralized” facilities.

Inspection of all permitted facilities.

When appropriate, enforcement of SPDES permit violations.

Coordination with NYS Environmental Facilities Corporation when State Revolving Fund monies are sought for new and/or upgraded municipal wastewater infrastructure.

Support municipalities in obtaining Environmental Protection Fund (EPF) grants for new and/or upgraded municipal wastewater infrastructure and, when successful, manage the EPF contracts.

SPDES General Permits Provide compliance oversight (inspection and enforcement) of activities by permittees that are authorized by general SPDES permits. Examples include:

Stormwater discharges from construction activities.

Stormwater discharges from municipal separate storm sewer systems (MS4s).

Stormwater discharges associated with industrial activity.

Concentrated Animal Feeding Operations (CAFOs).

Aquatic Pesticide Applications.

1,000 – 10,000 gallons per day of sanitary waste to groundwater.

Dam Safety Provide field assistance to the Central Office Dam Safety Section (DSS). Typical tasks include:

Accompany DDS staff on inspections.

Gather information for complaint responses.

Act as “first responders” for DSS in cases of emergency.

Floodplain Management Assist FEMA by periodically reminding local governments of

their responsibilities to implement their local laws governing development in 100-year floodplains in order to maintain their eligibilities in the National Flood Insurance Program.

Nonpoint Source (NPS) Program Combat the proliferation of NPS pollution by:

Encouraging the implementation of Best Management Practices (BMPs) from our NPS catalogues.

Participate in county water quality coordinating committees.

Promote the Environmental Protection Fund as a source of grant funding for NPS control projects.

Manage NPS EPF contracts.

Lake Champlain Basin Program (LCBP)

Support the LCBP and implementation of the lake management plan (Opportunities for Action…). The key issues are Phosphorus inputs, toxic contamination, invasive species, and public health threats (such as pathogens and harmful algal blooms.) In 2011 lake flooding became a topic that moved to the forefront.

Water Resources Staff manage the region’s water resources by:

Drafting public water supply permits to serve non-potable water to five or more permanent residences.

Drafting water withdrawal permits for the taking of 100,000 gallon per day of water for non-potable uses.

Managing the water well driller registration program.


Natural Resources


Lands & Forests

Forest Preserve Management Manage the 2.2 million acres of New York State (Adirondack) Forest Preserve land in Region 5. Activities include:

Producing unit management plans and maps;

Implementing work plan projects;

Administering Temporary Revocable Permits and Adopt-A-Natural Resource Agreements; and

Developing and updating a GIS/GPS data base. Despite this short description, Forest Preserve Management receives the highest priority and consumes over 65% of the staff time expended annually by the forestry staff in Region 5.

State Land Management Manage 65,000 acres of state forest lands within Region 5 – state lands outside of the Adirondack Park.

Administer sales of forest products on 100 acres annually;

Conduct forest inventory;

Administer newly-acquired properties;

Product unit management plans for the state forest units;

Administer Temporary Revocable Permits and agreements such as the Adopt-A-Natural Resource program on state forests lands;

Implement work plan projects using funding from such sources as Environmental Protection and Capital Stewardship monies;

Promote and develop recreational opportunities;

Identify and evaluates potential acquisition projects; and

Participate in developing acquisition agreements.

Conservation Easement Lands Management Manage the approximately 500,000 acres of conservation easement lands on 125 properties in the Region, including:

Producing interim and final recreation plans;

Implementing work plans;

Meeting with fee owners of the properties; and

Monitoring properties for compliance with the easement terms

Private Land Services Private Forestry-covers many aspects of private and urban forestry, forest resources and forest health. Under the 480 and 480a Forest Tax Law Program, new properties are continually added to the program, and existing properties are recertified annually. Staff also administers the forest stewardship program, which includes the following activities:

Preparation of forest land stewardship plans for private landowners;

Enlistment of foresters in the Cooperating Forester program;

Random inspections of the work of cooperating foresters;

Scheduling of an annual meeting for cooperating foresters;

Participation in conservation education efforts such as the state fair, county fairs, field days, Envirothons, etc.;

Participation in the Project Learning Tree program; and

Administration of Federal government cost share programs for private forest landowners such as Conservation Reserve Program (CRP), Conservation Reserve Enhancement Program (CREP), etc.

Urban and Community Forestry – Staff conduct urban and community forestry outreach including:

Provide technical assistance to communities;

Reviewing and following up grants; and

Conducting regional Releaf committee meetings Forest Products Utilization & Marketing

Provide general forest products utilization and marketing assistance to interested individuals and businesses.

Provide information on forest resources and industry, including the preparation of semi-annual stumpage price reports and the collection of data for an annual timber harvest report.

Promote best management practices to protect forest resources.

Forest Protection

Administer regional participation in the forest health monitoring program, involving surveys on approximately 5 million acres statewide;

Implement the requirements of the Cooperative Forest Health Grant;

Monitor any significant changes in forest health problems;

Survey damage exceeding 5,000 acres; and

Provide forest landowners with Cornell University integrated pest management recommendations.

MISSION STATEMENT To care for and enhance the lands, forests and natural

resources in the State of New York for the benefit of

all through the care, custody and control of state

owned lands, and promotion of the use and protection

of all natural resources


Wildlife The Region 5 Bureau of Wildlife has diverse program activities ranging from handling of nuisance bear and beaver complaints, to completing surveys of endangered species such as the Peregrine falcon, to protecting freshwater wetlands from development.

Habitat Protection, Management & Access Region 5 Wildlife biologists and technicians spend a large percentage of their time with habitat and access activities such as:

Protect freshwater wetlands through wetlands permitting (outside the Park);

Protect and preserve important wildlife habitats such as vanishing grasslands;

Restore and manage habitat for endangered species such as the Karner blue butterfly;

Wildlife Management Areas - Region 5 contains 12 wildlife management areas managed to promote wildlife populations and for public access to hunting, fishing, trapping, bird-watching, and other activities;

Participate in the Fish and Wildlife Management Board;

Participate as a member of the Adirondack Park Invasive Plant Program and the Lake Champlain Basin Aquatic Invasive Species Rapid Response Task Force;

Control feral swine populations.

Species Conservation & Management Staff manages, monitors and conducts research on wildlife such as:

Research on fisher and American marten within the Adirondack Park;

Monitor short-eared owl movements in the Hudson River Valley;

Estimate moose populations via aerial surveys;

Manage Lake Champlain cormorant populations with Vermont and other partners;

Conduct breeding waterfowl, marsh bird and woodcock surveys;

Monitor age, sex and number of deer and bear harvested and assess overwinter mortality on deer;

Band geese, ducks and mourning doves;

Monitor peregrine nesting in relation to rock-climbing routes (institute closures as needed);

Conduct turkey count surveys;

Monitor timber rattlesnake, bald eagle and bat populations;

Stock pheasants;

Seal pelts and monitor trapper harvest.

Public Participation and Extension Staff participate in outreach efforts to a variety of audiences about a wide range of subject matters:

Nuisance wildlife advice and management and issuing permits as needed;

Presentations on research findings, biology and management of species to schools, sportsmen, general audiences and fellow professionals;

Attend county federated sportsmen meetings;

Arrange and participate in Citizen Task Forces to gather public input on deer population objectives for Wildlife Management Units (WMUs)

Proctor tests and conduct interviews for special licenses such as Falconry, Tracking Dog, Nuisance Wildlife Control Operator and Wildlife Rehabilitator.

Human & Animal Health Staff also protects wildlife and the public from disease and injury:

Wild animal rabies response;

Monitor and manage chronic wasting disease in the deer herd;

Monitor White Nose Syndrome and bat populations;

Respond to nuisance & dangerous bears;

Chemically immobilize wildlife to prevent human or wildlife death and injury.

Sportsman Education Program Staff implements the Sportsman Education Program in the region:

Recruit and teach a large cadre of volunteer instructors;

Purchase and distribute needed supplies and equipment to instructors;

Conduct certification classes.


Fisheries Region 5 contains a remarkable abundance and diversity of fishery resources, featuring more than 3,000 lakes and ponds and 10,000 miles of streams and rivers. Those resources have inherent natural values with many located in the Adirondack Park. But in addition, they provide tangible recreational and economic benefits. For example, in 2007, anglers spent approximately $56,000,000 at Region 5 fishing locations, with one-fourth of these expenditures attributed to non-residents of New York. Maintaining the quality of these aquatic resources through effective protection and management is important to both the regional and state economy.

Management of Fish Resources Restoration of salmon and lake trout in Lake Champlain is

a major management project. Essential for that restoration effort is conducting sea lamprey control on various tributaries and deltas. This work is conducted in close collaboration with the US Fish and Wildlife Service, and the Vermont Fish and Wildlife Department

Restoration of native brook trout, including Adirondack Heritage strains of brook trout is a priority. Related activities include: pond reclamations to eliminate non-native fish competitors; pond limings to mitigate the impacts of acid deposition; and egg collections of Adirondack Heritage strains of brook trout.

Restoration of the endangered round whitefish, including: stocking; egg collections; and pond reclamations to eliminate non-native fish competitors.

Staff survey fish resources and water chemistry in lakes, rivers and ponds, and maintain a data base of the survey results.

Biologists determine stocking policies and angling regulations for regional waters.

Biologists issue various permits, including fish stocking; piranha permits; and farm fish pond licenses.

Staff also provides information on aquatic life and fish management for Unit Management Plans.

Providing Public Access to Lakes, Ponds and Streams Fisheries manages numerous Fishing Access Sites and Boat Launch Sites. Also, the region has 240 miles of Public Fishing Rights, easements purchased along certain stream sections to allow public access for fishing.

Habitat Protection Fisheries biologists review Article 15 (disturbance of the bed or bank of water bodies) permit applications, utility projects, and other projects that may impact aquatic resources. Hydropower projects are reviewed for compliance issues such as fish passage, and manipulation of flows and impoundment levels. Extension Activities: Biologists attend meetings of angling organizations to discuss management of fisheries resources; respond to inquiries from the public regarding fisheries issues; and provide assistance to other agencies, and non-governmental organizations on such issues. Staff maintain various brochures and pages on the Department web site to inform the public about fishing opportunities.

Real Property

The Bureau of Real Property provides the professional and technical real estate expertise essential to the management and protection of State lands under the jurisdiction of the Department of Environmental Conservation and for the acquisition of land and Conservation Easements under various programs such as the Environmental Protection Fund and acquisition of rights to enable the remediation of hazardous waste disposal sites, habitat protection for endangered species and access for fisherman as well as improving access to existing state lands. Since the addition of almost 500,000 acres of easement lands, Real Property staff helps to monitor the easements for compliance buy the land owners.

Other program responsibilities include surveys to determine the extent of illegal trespasses and occupancies on the 3.7 million acres of land under the Department=s jurisdiction and to complete investigations into contested land titles and numerous town road issues. Archives containing records and historical data dating from the early 1700's to the present are maintained as well as current acquisition files and map files with well over 20,000 maps. The Bureau is responsible for the disposition of surplus land and buildings, for land exchanges as authorized by statute, and for transfers of jurisdiction to and from other State agencies.


Minerals

The Bureau of Real Property provides the professional and technical real estate expertise essential to the management and protection of State lands under the jurisdiction of the Department of Environmental Conservation and for the acquisition of land and Conservation Easements under various programs such as the Environmental Protection Fund and acquisition of rights to enable the remediation of hazardous waste disposal sites, habitat protection for endangered species and access for fisherman as well as improving access to existing state lands. Since the addition of almost 500,000 acres of easement lands, Real Property staff helps to monitor the easements for compliance buy the land owners.

Other program responsibilities include surveys to determine the extent of illegal trespasses and occupancies on the 3.7 million acres of land under the Department=s jurisdiction and to complete investigations into contested land titles and numerous town road issues. Archives containing records and historical data dating from the early 1700's to the present are maintained as well as current acquisition files and map files with well over 20,000 maps. The Bureau is responsible for the disposition of surplus land and buildings, for land exchanges as authorized by statute, and for transfers of jurisdiction to and from other State agencies.


Office of General Counsel/Legal Affairs

The Regional Office of General Counsel is responsible for legal representation of Department staff in Department related affair and is primarily involved in four different areas of representation.

Conducts enforcement for violations of the Environmental Conservation Law. Often, this involves negotiations of Orders on Consent which are legal agreements between the Department and the violator which settle violations of the law. Usually, the Order on Consent involves a civil penalty as well as requirements to correct the environmental problem caused by the violation of the law. If Legal Affairs office is unable to negotiate an Order on Consent, an enforcement proceeding is brought to administratively prosecute the violation of Environmental Conservation Law. The proceeding involves the presentation of witnesses and evidence before an Administrative Law Judge in support of the violation.

Provide Department staff representation in adjudicatory hearings for Department issued permits. Periodically, Department staff will conclude that a permit application should be denied or in the alternative substantially modified from what the permit applicant desires. In that type of case, which is usually accompanied by significant public interest, an adjudicatory hearing consisting of a legislative hearing, issues conference and evidentiary hearing will be convened before an Administrative Law Judge. During the hearing, Regional Legal Affairs staff will present witnesses and evidence in support of

their position. Likewise, they will cross examine applicants of interveners witnesses.

Coordinate responses of the Region under the Freedom of Information Law (FOIL). This responsibility constitutes a heavy workload and requires complex coordination of the many parts of the Department that may have records concerning a particular project. Frequently, besides conducting the coordination of responses, the Legal Affairs Office will provide guidance on the documents which are subject to public inspection under this law as well as provide guidance of the documents which are not subject to public inspection under the FOIL law.

Provide general legal support for the many different programs in Region 5. This general legal support may include guidance on real property rights, Department liability for injuries of the public at state facilities, personnel matters as well as a wide variety of other matters.


Operations


Operations

The primary function of Regional Operations is program support. All units within the region rely on Operations to support their missions. Operations duties and activities are quite varied. The Regional Recreation Program is responsible for the operation of 41 Forest Preserve campgrounds and three (3) special day use areas. These campgrounds provide experiences such as island camping, tent and trailer camping, boating access, hiking, picnicking and swimming. Revenue receipts total over $7 million for the Region which represents over 80% of camping/day use revenue statewide. Interior recreational facilities are administered by Lands and Forests Program, however Operations handles the daily management and maintenance of interior facilities including:

Operation of backcountry headquarters such as, Marcy Dam, Lake Colden, Johns Brook and Racquette Falls;

Maintenance of trails, interior campsites and lean-tos;

Operation and maintenance of boat locks and navigational aids on 29 lakes and waterways; and

Operation of recreational facilities on Valcour and Schuyler Islands in Lake Champlain.

Other activities include operation and maintenance of:

31 boat launch and nine (9) fishing access sites administered by the Fisheries program;

Dams such as those at Stewart’s Landing, Forked Lake, Taylor Pond, Saranac River, Deer River and Lincoln Pond.

Skilled tradesmen and building custodial staff, both permanent and seasonal, maintain all department facilities. Operations administers nine maintenance centers across the Region. In conjunction with Transportation Services, Operations maintains the vehicle fleet and construction equipment, and administers the vehicle pool. An Operations radio technician maintains radio communications for all programs including all radios, mountain top antennas and associated equipment.

DIVISION’S MISSION To provide technical services, facilities

management, and maintenance of physical Assets to insure effective and efficient

operation of the Department and safe public use of DEC lands and facilities.


Public Affairs Assist and support DEC Region 5 programs’ communication needs

Duties and responsibilities of the Region 5 Citizen Participation Specialist

Education & Outreach

News Media Relations

Public Meetings/Hearings

Partnerships

Internal Communications

Miscellaneous Specific Responsibilities

Regional Press Officer o Coordinating and providing response to press inquiries o Drafting and distributing press releases o Organizing and managing press events

Regional Web Site Coordinator o Developing and maintaining regional web pages o Adirondack Trail Information – 6 web pages updated weekly o Regional Press Releases o State Land Units – 31 of 94 units have web pages and 5 of those need to be updated o Managing the region’s internal web pages

Regional Communication Product Coordinator o Coordinating and managing the development of educational & informational materials o Assist with distribution of materials o Maintain DEC displays in lobby, at High Peaks Rest Areas and at other locations

Liaison/staff to organizations o Secretary

Adirondack Park Planning Initiative Steering Committee Great Sacandaga Lake Advisory Council Region 5 Open Space Conservation Advisory Committee

o DEC Representative Adirondack Forest Preserve Education Partnership APA Adirondack Park Local Government Day Organizing Committee

Coordinator for the Student Conservation Association Adirondack Program

Public Information Officer during significant incidents and events

General Communication Duties

Maintain Region 5 general e-mail box

Compile and distribute weekly High Peaks Region Bulletin

Organize and facilitate public meetings

Assist in developing of Public Participation Plans

Review fact sheets

Provide communication and press training


Regional Director

Richard Wagner

Regional Engineer

Tom Martin (Acting)

NR Supervisor

Brian Huyck

Enf. Coordinator

Kathy Scriver

Admin Assistant

Fiscal Office

Brenda Stringer

Principal Clerk

Barb Cartier, Clerk 2

Darcy Baker, Clerk 1

Eric VanNostrand

IT2 (Info Srvc)

David Winchell

CPS2 (Public Affairs)

Linda Branch, Secretary 2

Regional Administration

Regional Administration includes all staff listed above as well as all support staff support staff reflected on individual organization charts with exception of Public Affairs and Information Technology staff.

Regional Engineer - Provide coordination and supervision of Regional Environmental Quality activities. Also functions as Acting Regional Director , Regional Emergency Response Coordinator, Regional Coordinator for Indian Nation Affairs, Legislative Coordinator, Management Representative on Regional Health and Safety Committee, and Commissioner Designee on the Lake Champlain Basin Executive Committee and Steering Committee

Natural Resource Supervisor – Provide coordination and supervision of Natural Resource Programs (Lands & Forest, Fish & Wildlife, Minerals & Real Property). Attend various meetings as the Regional Director representative, e.g., Fish & Wildlife Board, Adirondack Conservation Council, Forest Practice Board, etc. Coordinate activities with Adirondack Park Agency on state land issues.

Enforcement Coordinator - Provides support to the Department’s compliance and enforcement efforts by offering program assistance in compliance inspection reviews, providing regulatory and technical knowledge to Regional Attorney’s/OGC Office and Office of Public Protection with case development support and facilitating information exchange between programs both internally and externally to the Department.

Administrative Assistant - Coordinates all recruitment/hiring of personnel, both permanent and seasonal, by preparing and/or reviewing all documentation and other paperwork necessary for hiring, promotion, and separation of Regional staff and well as oversees fiscal office to include preparation of annual spending plans for Regional Administration in consultation with RD and implement and monitor fiscal records systems for regional revenues and expenditures according to Department Policy.

Information Technology Specialist – Troubleshoot/repair computer and telephone problems as well as provide technical assistance to staff for all facilities located within the Region. Also coordinates the purchase of all computer-related equipment for the Region.

Secretary 2 - Provide administrative oversight of Regional Director’s office and R5 support staff. Coordinate needs of program managers with support staff, including distribution of workload and/or reassignments as needed; resolution of performance and behavioural issues; review all support staff performance evaluations; and prepare monthly rotation schedule for reception area. Develop agendas and hold quarterly meetings with support staff. Day-to-day management of RD schedule and correspondence control.


Public Protection


Forest Rangers

Forest Rangers are a sworn, uniformed field force with specialized skills and responsibilities. Most Forest Rangers are stationed in rural areas of New York State, to provide a presence on the state-administered lands for public relations, law enforcement, and issuance and inspection of natural resource permits. Each Forest Ranger receives extensive training to carry out law enforcement duties, search, rescue and wildland firefighting operations. Initially, the Forest Ranger Force was organized to protect the newly acquired forest preserve lands from fire and trespass encroachment. Over 100 years later, each Ranger takes the charge of “care, custody and control” very seriously for all State lands, specifically those that fall within their assigned area of patrol. The list of State land responsibilities for each Forest Ranger begins with:

Inspect and maintain the boundaries of State lands in assigned area, patrol State land and report timber trespass, illegal occupancy, debris dumping, illegal use of motor vehicles and all other violations of Environmental Conservation Law.

Investigate violations of ECL, apprehend violators, issue appearance tickets, ECAT, ACATS, V&Ts, Parks and Recreation tickets as needed. Rangers may present the State’s case in local criminal court to facilitate conviction of violators.

Issue camping permits, make site inspections, advise on camping regulations, monitors and reports compliance with temporary revocable permits.

Promote compliance with Environmental Conservation Law and individual responsibility for care of the forest resource at meetings of concerned organizations and through personal contact with those using State Lands.

Forest Rangers continue the long tradition of suppressing wildland fires and play an important role in prescribed fires currently conducted throughout many areas of the State. The wildland fire program includes:

active suppression efforts

ensuring that equipment, contacts and training area done prior to the active fire season, and

developing and carrying out effective prevention work.

Forest Rangers often battle wildland fires in other parts of the United States. Under a cooperative agreement with the USDA US Forest Service, 20 person crews and highly trained and experienced incident Management personnel are dispatched periodically to assist battling these conflagrations.

Regular training, along with keeping up to date on rescue technology, ensure that the Rangers’ search and rescue missions are safely and successfully conducted. Forest Rangers also provide the first line safety net for hikers, campers and others using the remote, wildland areas of the State. Dozens of lives are saved each year by Forest Rangers responding at all hours, during any season, to rescue those lost or injured in the remote regions of New York State. To prepare for incident response, Forest Rangers work closely with emergency response organizations and personnel in their assigned districts for routine emergency response.

Specialized Equipment and Training

All Forest Rangers are assigned rugged four-wheel drive trucks with programmable multi-channel 2-way radios, multi-channel portable radios.

The Forest Rangers operate two all weather air boats, used for rescue, reconnaissance and patrols in white water situations, flat ice, and flooded environments. These can be deployed throughout the state during the first operational period for incident support.

Technical high angle and vertical rope rescue work, including a large team of fully equipped individuals able to quickly respond.

Helicopter operations team. Most Forest Rangers frequently work with helicopters for wilderness insertions, aerial surveillance, and technical evacuation work and wildland firefighting.

Besides having snowmobiles and ATV’s throughout the State, Forest Rangers are capable of extended cold weather operations for a variety of missions from search, rescue and back country patrols.

Each Forest Ranger is outfitted with a full range of first aid equipment, a wide variety of initial attack tools for firefighting including chainsaws, GPS unit and notebook computer with digital topographic mapping systems with modern connectivity and portable printers.

Region 5 has the largest contingent of Forest Rangers in the State. DEC Dispatch services in Region 5 have played a critical role in the Forest Rangers’ Search, Rescue and Fire missions since 1977 by providing communications and ensuring the safety of field personnel.


Law Enforcement The Environmental Conservation Officer (ECO) is a police officer specializing in protection of the state’s natural resources and environment. These police officers are responsible for the enforcement of the environmental conservation laws and regulations of New York State. They are at the forefront of New York’s enforcement effort to clean our air and water, protect our wilderness and wildlife, and help make the environment a better place for all of us. ECOs also enforce the New York State Navigation Law and Regulations regarding the operation of snowmobiles and ATVs, and personal water craft. They enforce other laws of the state; including the Penal Law, Transportation Law, and Agriculture and Markets Law. These officers regularly work with local, state, and federal agencies investigating a variety of offences.

Enforcement Duties The ECO is responsible for enforcing all the State’s Environmental Conservation Laws related to fish and wildlife, and environmental quality. The enforcement of fish and wildlife laws entails all the State’s laws relating to hunting, fishing, trapping, endangered species, commercial freshwater and marine fisheries, shellfish, taxidermy, trespass and timber theft. The Division of Law Enforcement is also the lead agency in the State in regard to the investigation of all hunting related incidents. Environmental Quality enforcement includes water pollution, oil and chemical spills, stream protection and unauthorized disturbances to regulated marine and freshwater wetlands, and mining remediation. Air pollution control includes enforcing laws prohibiting open fires, excessive stack emissions and idling diesel trucks and buses. Regulation of the disposal of solid waste includes: policing septic haulers/operators, industrial and hazardous waste disposal, monitoring illegal construction and demolition sites, enforcing the Returnable Container Law, and investigating the sale of banned or restricted pesticides.

Public Relations & Education ECOs and their supervisors attend the local fish and game club meetings and provide assistance to the clubs during their local events such as fishing derbies, youth turkey hunts, and sportsmen events. Additional events the ECOs may attend are county fairs, the local Trout Unlimited meetings, school functions, scout and 4H meetings, sportsmen training events, and the local Make A Wish Foundation Annual outing. ECOs assist the Department’s volunteer force of hunter safety instructors in the conduct of the New York State Hunter Education Courses.

Bureau of Environmental Conservation Investigations (BECI) BECI was formed in the early 1980s as a special investigative unit within the Division of Law Enforcement. These plainclothes officers initially concentrated their enforcement efforts on hazardous waste investigations, BECI’s duties have not been expanded to investigate all criminal offences of the ECL, Federal Fish and Wildlife violations, and related Penal Law offences.

K-9 Since 1978 the Division of Law Enforcement has used K-9 detector dogs as valuable members of the law enforcement team. Detector dogs are certified to detect hidden furs, illegally killed wildlife and to track lost, wanted or missing persons. These dogs search vehicles and crime scenes to recover evidence such as guns, knives, shell casings and wildlife. Detector dogs are also trained and certified in obedience and handler protection; and are a valuable tool in the promotion of public relations since they are trained to interact with the public at social gatherings. The K-9 handlers are dogs work and live together as a team, while on or off duty.


Adirondack Lakes Survey Corporation (ALSC) – Division of Air The Adirondack Lakes Survey Corporation (ALSC) is a not-for-profit corporation established in 1984 as a cooperative agreement between the Empire State Electric Energy Research Corporation (ESEERCO) and the New York State Department of Environmental Conservation (NYSDEC). ALSC Mission is to determine the extent and magnitude of acidification of lakes and ponds in the Adirondack region. ALSC works together with NYSDEC’s Division of Air Resources and receives joint funding from the New York State Energy Research and Development Authority (NYSERDA) and the USEPA. The ALSC is housed in the NYSDEC Region 5 headquarters in Ray Brook. It also has a laboratory facility located behind the Ray Brook maintenance facility. ALSC’s work began with an extensive baseline survey conducted from 1984-1987 that culminated with the 1990 Adirondack Lakes Survey Report. Since that time acid rain monitoring surveys, fisheries and watershed projects have continued (research). The most intensive of these is the long-term monitoring project which began in June 1992 and continues presently.

25 (11/21/2011)

Region 5 Profile New York State Department of Environmental Conservation NYSDEC Region 5 includes three-quarters of the Adirondack Park; over two million acres of Forest Preserve land; 395,706 acres of conservation easement lands, 60,380 acres of state forests lands, 6,101 acres of wildlife management lands, more than 3,400 lakes and ponds ranging in size from high altitude ponds of an acre or less to water bodies the size of Lake Champlain; 856 miles of Wild, Scenic and Recreational Rivers; over 530,000 year-round residents in 6 cities, 36 villages and 117 towns and millions of people that enjoy visiting and recreating in, on or around the Adirondack Mountains, Lake Champlain and the Upper Hudson River. Serving the Counties of Clinton, Franklin, Essex, Hamilton, Fulton, Saratoga, Warren and Washington. Region 5 is the largest DEC Region in the State, totalling 6,200,029 acres or 9688 square miles in size – approximately the same size as the State of Vermont, which is 9620 square miles. Adirondack Park, State Lands and Region 5 $ 73% of the Region lies within the Adirondack Park (4,457,951 a) $ 77% of the Adirondack Park is in the Region $ 72% of Adirondack Forest Preserve lands (2,030,431 a) $ 74% of the easement lands in the Adirondacks (399,487 $ 59% of the statewide easement lands (399,670 a) $ 2,671,453 acres of DEC Administered State Lands

(more than the rest of the state combined) Lands

40 percent of land area in Region 5 is currently protected by the state.

43 percent of land area in Region 5 will be “protected” by the state once all currently announced land transactions are completed.

Waters

Contains 3,400 lakes and ponds, including all of New York’s Lake Champlain

856 miles of Wild, Scenic and Recreational Rivers DEC Recreational Facilities

39 Campgrounds

4 Day Use Areas

70 Boat Launches

1200+ miles of roads

A few thousand miles of Hiking and Snowmobile Trails

240 miles of Public Fishing Rights

Over 1000 structures and sites to maintain such as trail heads, lean-tos, bridges, pit privies, designated campsites, etc.

Cultural

2010 Census population - 581,994 (Vermont’s population was 625,741)

Contains - 6 cities, 36 villages and 117 towns

Approximately 10 million people visit the Adirondacks each year

National, continental and world-wide focus on issues such as: o Public land management o Natural resource management o Property rights and home rule government o Acid rain & mercury deposition

Environmental Management

“Smokestack” industries concentrated in - Plattsburgh - Ticonderoga - Glens Falls- Kingsbury-Ft. Edward - Gloversville-Johnstown - Saratoga County (various locations) $ 3 Municipal Landfills $ 1 Industrial Waste Landfill $ 1 Waste to Energy Incinerator $ 40 Municipal Waste Water Treatment Systems $ The second fastest growing county in NYS (Saratoga) DEC Administrative Facilities

3 Offices

8 Maintenance Centers

4 Interior Caretakers Cabins

2 Summer Education Camps

Numerous unique facilities & programs - Whitney Headquarters - Camp Santanoni Historic Area - Crown Point & John Brown’s Farm - Fire Towers, Observer Cabins, Dams, etc - Adirondack Lake Survey Corporation lab

DEC LANDS IN REGION 5

DEC Land Type Existing Pending Total

Forest Preserve 2,030,431 --- ---

Conservation Easement

399,670 --- ---

State Forest 60,380 --- ---

Wildlife Mgmnt Areas

6,586 --- ---

Total 2,497,073 174,380* 2,671,453

* - Finch Woodlands and Follensby Pond Proposed Acquisitions

region 5 program functions-2011

Documents