AAM-46-10-00019-A Various Trees and Plants of the Prunus Species
3/30/11 N.Y. St. Reg. AAM-46-10-00019-A
NEW YORK STATE REGISTER
VOLUME XXXIII, ISSUE 13
March 30, 2011
RULE MAKING ACTIVITIES
DEPARTMENT OF AGRICULTURE AND MARKETS
NOTICE OF ADOPTION
I.D No. AAM-46-10-00019-A
Filing No. 277
Filing Date. Mar. 15, 2011
Effective Date. Mar. 30, 2011
Various Trees and Plants of the Prunus Species
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Repeal of sections 140.2 and 140.3; and addition of new sections 140.2 and 140.3 to Title 1 NYCRR.
Statutory authority:
Agriculture and Markets Law, sections 18, 164 and 167
Subject:
Various trees and plants of the Prunus species.
Purpose:
To amend the plum pox virus quarantine in New York State for purposes of helping prevent the further spread of this virus.
Text of final rule:
Section 140.2 of Title 1 of the Official Compilation of Codes, Rules and Regulations of the State of New York is repealed and a new section 140.2 is added to read as follows:
(a) That area of Niagara County which is bordered on the north by Lake Ontario and bordered on the east by County Line Road, extending south to its intersection with Route 18 (Lake Road); continuing south on Route 269 (County Line Road) to its intersection with Route 104 (Ridge Road); extending west on Route 104 (Ridge Road) to its intersection with Orangeport Road; and extending south on Orangeport Road to its intersection with Slayton-Settlement Road; extending west on Slayton-Settlement Road to its intersection with Route 78 (Lockport-Olcott Road); extending south on Route 78 (Lockport-Olcott Road) to its intersection with Stone Road; extending northwest on Stone Road to its intersection with Sunset Drive; extending south on Sunset Drive to its intersection with Shunpike Road; extending west on Shunpike Road to its intersection with Route 93 (Townline Road); extending south on Route 93 (Townline Road) to its intersection with Route 270 (Campbell Boulevard); extending south on Route 270 (Campbell Boulevard) to its intersection with Beach Ridge Road; extending southwest on Beach Ridge Road to its intersection with Townline Road; extending south on Townline Road to its intersection with the Tonawanda Creek; following the Tonawanda Creek west to its entry into the Niagara River; following the Niagara River north to its entry into Lake Ontario.
(b) That area of Orleans County which is bordered on the north by Lake Ontario, on the east heading South from Lake Ontario on Kent Road to its intersection with Ridge Road (Route 104); extending south on Densmore Road (County Road 11) to its intersection with State Route 31 (Telegraph Road); extending west on State Route 31 (Telegraph Road) to its intersection with Richs Corners Road; extending south on Richs Corners Road to its intersection with State Route 31A (East Lee Street Road); extending west on Route 31A (east Lee Street Road) to Culver Road; extending south on Culver Road to its intersection with East Barre Road; extending west on East Barre Road to its intersection with State Route 98 (Quaker Hill Road); extending south on State Route 98 to the southern border of Orleans County; extending west along the southern border of Orleans County; extending north along the western border of Orleans County.
(c) That area of Wayne County which is bordered on the north by Lake Ontario and is bordered on the east by Mapleview Heights; extending south on Mapleview Heights to its intersection with Wright Road; extending east on Wright Road. to its intersection with Dutch Street Road; extending south on Dutch Street Road to its intersection with Lasher Road; extending south on Lasher Road to its intersection with Wilson Road; extending west on Wilson Road to its intersection with Brown Road; extending south on Brown Road to its intersection with Salter Road; extending west on Salter Road and becoming Clinton Avenue; continuing west on Clinton Avenue to its intersection with Route 414; extending south on Route 414 to its intersection with Catch Pole Road; extending west on Catch Pole Road to its intersection with Covell Road; extending south on Covell Road to its intersection with Wayne Center Rose Road; extending west on Wayne Center Rose Road and becoming Ackerman Road; continuing west on Ackerman Road to its intersection with Route 14; extending south on Route 14 to its intersection with Burton Road; extending west on Burton Road to its intersection with Middle Sodus Road; extending north on Middle Sodus Road to its intersection with Maple Street Road; extending north on Maple Street Road to its intersection with McMullen Road; extending northwest on McMullen Road to its intersection with Deneef Road; extending south on Deneef Road to its intersection with Zurich Road; extending west on Zurich Road to its intersection with Arcadia-Zurich-Norris Road; extending south on Arcadia-Zurich-Norris Road to its intersection with Henkle Road; extending west on Henkle Road to its intersection with Heidenreich Road; extending south on Heidenreich Road to its intersection with Fairville Station Road; extending northwest on Fairville Station Road to its intersection with Maple Ridge Road; extending northwest on Maple Ridge Road to its intersection with Decker Road; extending west on Decker Road to its intersection with Sand Hill Road; extending north on Sand Hill Road to its intersection with Smith Road; extending west on Smith Road to its intersection with Newark Road; extending south on Newark Road to its intersection with Desmith Road; extending west on Desmith Road to its intersection with Schilling Road; extending northwest on Schilling Road to its intersection with State Route 21; extending south on State Route 21 to its intersection with Cole Road; extending west on Cole Road to its intersection with Parker Road; extending south on Parker Road to its intersection with LeRoy Road; extending west on LeRoy Road to its intersection with Maple Avenue; extending north on Maple Avenue to its intersection with Marion Road; extending west on Marion Road to its intersection with Ontario Center Road; extending north on Ontario Center Road to its intersection with Atlantic Avenue; extending west on Atlantic Avenue to its intersection with Lincoln Road; extending north on Lincoln Road to its intersection with Haley Road; extending west on Haley Road to its intersection with County Line Road; extending north on County Line Road to its intersection with Lake Road continuing due north 0.45 miles to Lake Ontario forming the western boundary.
Section 140.3 of Title 1 of the Official Compilation of Codes, Rules and Regulations of the State of New York is repealed and a new section 140.3 is added to read as follows:
(a) That area of Niagara County bordered on the north by Lake Ontario; bordered on the west by Maple Road; extending south on Maple Road to its intersection with Wilson-Burt Road; extending east on Wilson-Burt Road to its intersection with Beebe Road; extending south on Beebe Road to its intersection with Ide Road; extending east on Ide Road to its intersection with Route 78 (Lockport-Olcott Road); extending north on Route 78 (Lockport-Olcott Road) to its intersection with Lake Ontario, in the Towns of Burt, Newfane, and Wilson in the County of Niagara, State of New York.
(b) That area of Niagara County bordered on the north by Lake Ontario, bordered on the west by Lockport-Olcott Road at its intersection with Lake Ontario; extending south on Lockport-Olcott Road to its intersection of Route 18 (Lake Road); extending east on Route 18 (Lake Road) to its intersection with Transit Road; extending south on Transit Road to its intersection with Drake Settlement Road; extending east on Drake Settlement Road to its intersection with Hess Road; extending north on Hess Road to its intersection with West Somerset Road; extending east on West Somerset Road to its intersection with Hosmer Road; extending north on Hosmer Road to its intersection with Route 18 (Lake Road); extending due north from the intersection of Route 18 (Lake Road) and Hosmer Road (GPS Coordinates; N:43.348919, W:-78.604585) to Lake Ontario, forming the eastern boundary of the quarantine.
(c) That area of Orleans County bordered on the north by Route 104 (Ridge Road) at its intersection with Eagle Harbor Waterport Road; extending south on Eagle Harbor Waterport Road to its intersection with Eagle Habor Knowlesville Road; west on Eagle Harbor Knowlesville Road to its intersection with Presbyterian Road; extending southwest on Presbyterian Road to its intersection with Longbridge Road; extending south on Longbridge Road to its intersection with State Route 31; extending west on State Route 31 to its intersection with Wood Road; extending south on Wood Road to West County House Road; extending west on West County House Road to its intersection with Maple Ridge Road; extending west on Maple Ridge Road to its intersection with Culvert Road; extending north on Culvert Road to its intersection with Telegraph Road; extending west on Telegraph Road to its intersection with Beales Road; extending north on Beales Road to its intersection with Portage Road; extending east on Portage Road to its intersection with Culvert Road; extending north on Culvert Road to its intersection with Route 104 (Ridge Road), in the Towns of Ridgeway and Gaines, in the County of Orleans, State of New York.
(d) That area of Wayne County bordered on the north by Sheperd Road at its intersection with Fisher Road; extending east on Sheperd Road to its intersection with Salmon Creek Road; extending southwest on Salmon Creek Road to its intersection with Kenyon Road; extending west on Kenyon Road to its intersection with Furnace Road; extending north on Furnace Road to its intersection with Putnam Road; extending east on Putnam Road to its intersection with Fisher Road; extending north on Fisher Road to its intersection with Sheperd Road, in the Towns of Ontario and Williamson, in the County of Wayne, State of New York.
(e) That area of Wayne County bordered on the north by Lake Road at its intersection with Redman Road; extending east to its intersection with Maple Avenue; extending south on Maple Avenue to its intersection with Middle Road; extending west on Middle Road to its intersection with Rotterdam Road; extending south on Rotterdam Road to its intersection with State Route 104; extending west on State Route 104 to its intersection with Pratt Road; extending south on Pratt Road to its intersection with Ridge Road; extending west on Ridge Road to its intersection with Richardson Road; extending south on Richardson Road to its intersection with Tripp Road; extending south on Tripp Road to its intersection with Podger Road; extending west on Podger Road to its intersection with East Townline Road; extending north on East Townline Road to its intersection with Everdyke Road; extending west on Everdyke Road to its intersection with Russell Road; extending south on Russell Road to its intersection with Pearsall Road; extending west on Pearsall Road to its intersection with State Route 21; extending north on State Route 21 to its intersection with State Route 104; extending east on State Route 104 to its intersection with East Townline Road; extending north on East Townline Road to its intersection with Van Lare Road; extending east on Van Lare Road to its intersection with Redman Road; extending north on Redman Road to its intersection with Lake Road, in the Towns of Sodus and Williamson, in the County of Wayne, State of New York.
(f) That area of Wayne County bordered on the northeast by Sodus Bay to its intersection with Ridge Road; extending west on Ridge Road to its intersection with Boyd Road; extending north on Boyd Road to its intersection with Sergeant Road; extending north on Sergeant Road to its intersection with Morley Road; extending east on Morley Road to its intersection with State Route 14; extending north on State Route 14 to its intersection with South Shore Road; extending east on South Shore Road; then bordered on the east north east by Sodus Bay, in the Town of Sodus, in the County of Wayne, State of New York.
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 140.2 and 140.3.
Text of rule and any required statements and analyses may be obtained from:
Kevin King, Director, Division of Plant Industry, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, (518) 457-2087
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
The revisions to the text of the rule are technical in nature and/or not substantial, consisting of grammatical corrections, the correction of the spelling of a street name and minor changes to the quarantined and nursery stock regulated areas in Niagara County. The changes consist of a seven (7) mile extension of the nursery stock regulated area, which represents a minor enlargement of the total area, affecting three (3) growers, all of whom were notified of the change. Additionally, this extension is entirely within Niagara County and connects the nursery stock regulated areas located within Niagara and Orleans Counties. The changes also consist of an extension of one quarantined area and the deregulation of another quarantined area. In light of the foregoing, a revised regulatory impact statement, regulatory flexibility analysis, rural area flexibility analysis and job impact statement is not required.
