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Page 18 Grassroots November 2011<br />

Compliance Corner<br />

Register Water Usage Or<br />

Face Additional DEC Permits<br />

The face Sarah Hooper, 36,<br />

<strong>of</strong> <strong>New</strong><strong>York</strong> Multiple Schoharie farms County Barbers<br />

Agriculture Schoharie Town, NY County, NY<br />

Tell us about your involvement<br />

in agriculture.<br />

I am very fortunate <strong>to</strong> be tied <strong>to</strong> multiple<br />

farming operations in Schoharie<br />

County. My involvement first started in<br />

<strong>New</strong> <strong>York</strong> at Schoharie Valley <strong>Farm</strong>s,<br />

which is my family’s farm. My father<br />

bought the farm when I was a freshman<br />

at Cornell in 1993. I was then<br />

blessed <strong>to</strong> marry Jacob Hooper, who<br />

now assists in managing Barbers <strong>Farm</strong><br />

in Middleburgh, N.Y. Jacob and I are<br />

also involved in growing Hooper Garlic<br />

with his parents, and are partners in<br />

Wilderhook Maple, a business we began<br />

with some great friends <strong>of</strong> ours.<br />

How exactly is your family<br />

involved?<br />

That is one <strong>of</strong> my favorite parts <strong>of</strong><br />

being involved in agriculture. Working<br />

with family is really a gift. Being tied<br />

<strong>to</strong> so many operations allows me <strong>to</strong><br />

interact with my family everyday.<br />

At Schoharie Valley <strong>Farm</strong>s, I work<br />

with my father, Richard Ball, my<br />

brother, Ethan and my sister, JoLyn.<br />

When I am helping at Barbers, I get <strong>to</strong><br />

see many <strong>of</strong> Jacob’s family members,<br />

including Jim and Cindy Barber, who<br />

are involved in the farm, his Grandma<br />

Grace Barber.<br />

Jacob and I have two children. Our<br />

daughter Anna is 8 and son Liam is<br />

5. They are now getting old enough <strong>to</strong><br />

enjoy helping out on both the farms,<br />

with things like picking raspberries in<br />

the high tunnels or assembling boxes<br />

for cider doughnuts at the Carrot Barn.<br />

I really enjoy having the luxury <strong>of</strong><br />

spending time with them and watching<br />

them enjoy the farming way <strong>of</strong> life.<br />

Did you grow up on a farm?<br />

I grew up on Schartners <strong>Farm</strong>, in<br />

Exeter, R.I., which my father helped<br />

manage when I was growing up. That<br />

was where I learned the value <strong>of</strong> working<br />

hard and began my appreciation <strong>of</strong><br />

farming. (It all began when I was quite<br />

small, earning a quarter for each quart<br />

<strong>of</strong> strawberries I picked.)<br />

Schartners was a great experience<br />

and prepared me for the farms I am<br />

part <strong>of</strong> now. Both Barbers and Schoharie<br />

Valley <strong>Farm</strong>s are multi-faceted<br />

retail fruit and vegetable farms. I have<br />

been fortunate <strong>to</strong> get <strong>to</strong> learn the many<br />

areas <strong>of</strong> the farms… from working in<br />

the field, in the greenhouses, in the<br />

bakery, <strong>to</strong> buying merchandise, and<br />

setting displays in the s<strong>to</strong>re. Every day<br />

presents something new and <strong>of</strong>fers a<br />

new challenge.<br />

How is <strong>Farm</strong> Bureau significant<br />

<strong>to</strong> you?<br />

<strong>Farm</strong> Bureau is important <strong>to</strong> me.<br />

I am so thankful for it. Agriculture is<br />

becoming more and more challenging<br />

every year. It is comforting <strong>to</strong> know<br />

that <strong>farmers</strong> have a voice and a means<br />

<strong>to</strong> communicate our needs <strong>to</strong> government<br />

<strong>of</strong>ficials on so many different<br />

levels.<br />

Being involved in so many operations,<br />

I see that there are changing<br />

needs in each area in agriculture. I<br />

appreciate that <strong>Farm</strong> Bureau is multifaceted,<br />

and helps support the many<br />

different types <strong>of</strong> agriculture. I am<br />

also quite proud that my Dad has been<br />

able <strong>to</strong> be actively involved as well.<br />

Tell us about Irene’s impact and<br />

what it meant for you….<br />

Hurricane Irene brought challenges<br />

on a magnitude we could never have<br />

foreseen. For our farms, our families,<br />

our neighbors and our community, the<br />

impact will be felt for quite some time.<br />

Both Barbers and Schoharie Valley<br />

<strong>Farm</strong>s saw nearly 100 percent losses <strong>to</strong><br />

whatever crops were still in the field,<br />

some damage <strong>to</strong> fields and for Barbers,<br />

some structures were impacted as well.<br />

The timing <strong>of</strong> the s<strong>to</strong>rm was exceptionally<br />

<strong>to</strong>ugh as we were in the midst <strong>of</strong><br />

both summer and fall harvests.<br />

But we are thankful <strong>to</strong> get the<br />

chance <strong>to</strong> farm again. We are looking<br />

forward <strong>to</strong> next year, and sowing new<br />

seeds in 2012.<br />

Face <strong>of</strong> NY Ag<br />

correction<br />

Grassroots published a picture<br />

<strong>of</strong> the wrong Eastman in its Face <strong>of</strong><br />

<strong>New</strong> <strong>York</strong> Agriculture in the Oc<strong>to</strong>ber<br />

issue. This picture <strong>of</strong> Roger Eastman<br />

should have been published, instead <strong>of</strong><br />

his cousin, Chuck Eastman. We regreat<br />

the error (even if the Eastmans had a<br />

good laugh over it.)<br />

By Lisa Ovitt, Paralegal<br />

lovitt@nyfb.org<br />

For the first time in <strong>New</strong> <strong>York</strong> State,<br />

more than 400 industrial and commercial<br />

users must obtain a state permit<br />

in order <strong>to</strong> withdraw major amounts<br />

<strong>of</strong> water from <strong>New</strong> <strong>York</strong> State’s Great<br />

Lakes Basin. Withdrawals <strong>of</strong> 100,000<br />

gallons or more per day will require a<br />

permit be issued <strong>to</strong> gas drilling companies,<br />

power plants, golf courses, water<br />

bottlers and other such entities.<br />

Permitting & Reporting<br />

This new law, however, significantly<br />

eases requirements for farm operations<br />

<strong>to</strong> report their water use <strong>to</strong> the Department<br />

<strong>of</strong> Environmental Conservation<br />

(DEC).<br />

At certain times during the growing<br />

season, a farm may need <strong>to</strong> irrigate<br />

crops due <strong>to</strong> dry weather, but <strong>New</strong> <strong>York</strong><br />

farms are not large-scale, year-round<br />

water users. <strong>New</strong> <strong>York</strong> State regulations<br />

recognize this and provide for an<br />

opportunity for registration <strong>of</strong> farm<br />

water withdrawals with DEC if the<br />

withdrawal exceeds the threshold outlined<br />

in new statute.<br />

Previously, a farm that had the capacity<br />

<strong>to</strong> withdraw 100,000 gallons <strong>of</strong><br />

water in any one day was required <strong>to</strong><br />

report their water use <strong>to</strong> DEC.<br />

Under the new law, a farm that withdraws<br />

an average <strong>of</strong> 100,000 gallons<br />

per day <strong>of</strong> water over any 30-day period<br />

must report their water use <strong>to</strong> the Department.<br />

There is no fee for farms <strong>to</strong><br />

report their water usage.<br />

Under the new law, it is critical that<br />

farms report their water use <strong>to</strong> <strong>to</strong> DEC<br />

prior <strong>to</strong> February 15, 2012 and then file<br />

similar reports annually thereafter.<br />

A farm that chooses <strong>to</strong> wait until after<br />

this deadline will be required <strong>to</strong> obtain<br />

a permit for their water withdrawals<br />

if they exceed threshold withdrawal<br />

<strong>of</strong> an average 100,000 gallons per day <strong>of</strong><br />

water over any 30-day period.<br />

Agricultural Purposes<br />

The “agricultural purposes” included<br />

in the scope <strong>of</strong> the exemption<br />

include the practice <strong>of</strong> farming crops,<br />

plants, vines and trees and the keeping,<br />

grazing or feeding <strong>of</strong> lives<strong>to</strong>ck for sale<br />

The <strong>New</strong> <strong>York</strong> State Public Service<br />

Commission (Commission) and the<br />

<strong>New</strong> <strong>York</strong> State Energy Research and<br />

Development Authority (NYSERDA)<br />

has announced a $5 million Agriculture<br />

Disaster Program <strong>to</strong> immediately help<br />

farms replace systems and equipment<br />

damaged or lost due <strong>to</strong> Hurricane Irene<br />

and/or Tropical S<strong>to</strong>rm Lee.<br />

The program provides funding for<br />

energy-efficient repair and replacement<br />

<strong>of</strong> damaged electric and natural<br />

gas systems and equipment, such as<br />

milk processing, cooling, heating, and<br />

other farm systems. Emphasis will be<br />

placed on fast application response and<br />

face-<strong>to</strong>-face, on-line, telephone and other<br />

support needed by <strong>farmers</strong>.<br />

This program was approved by the<br />

Commission and is being administered<br />

through NYSERDA with assistance<br />

from the <strong>New</strong> <strong>York</strong> State Department<br />

<strong>of</strong> Agriculture & Markets. Assistance<br />

is available for equipment or systems<br />

purchased on or after August 28, 2011<br />

for sites affected by Hurricane Irene, or<br />

September 4, 2011 for sites affected by<br />

Tropical S<strong>to</strong>rm Lee.<br />

Program eligibility will be limited <strong>to</strong><br />

farms and on-farm producers located<br />

<strong>of</strong> lives<strong>to</strong>ck or lives<strong>to</strong>ck products, and<br />

the on-farm processing <strong>of</strong> crops, lives<strong>to</strong>ck<br />

and lives<strong>to</strong>ck products.<br />

Reporting Form<br />

Registrations are valid for one year.<br />

Some <strong>of</strong> the information included on<br />

the form prescribed by DEC is:<br />

The place and source <strong>of</strong> the proposed<br />

or existing withdrawal;<br />

The location <strong>of</strong> any discharge or return<br />

flow;<br />

The location and nature <strong>of</strong> the proposed<br />

or existing water use;<br />

The actual or estimated average annual<br />

and monthly volumes and rates <strong>of</strong><br />

withdrawal; and<br />

The actual or estimated average annual<br />

and monthly volumes and rates <strong>of</strong><br />

water loss from the withdrawal.<br />

(In calculating the <strong>to</strong>tal amount <strong>of</strong><br />

water withdrawal, all separate withdrawals<br />

are combined regardless <strong>of</strong><br />

whether such withdrawals are for a single<br />

agricultural use or for related but<br />

separate purposes.)<br />

NOTE: If a farm DOES NOT register<br />

with the DEC regarding water withdrawal<br />

and if the water withdrawn for<br />

agricultural purposes exceeds an average<br />

<strong>of</strong> 100,000 gallons per day in any consecutive<br />

30-day period, it will be required<br />

<strong>to</strong> obtain a permit and make a report <strong>to</strong><br />

the Department.<br />

For additional information and water<br />

reporting forms, visit DEC’s water<br />

reporting page on their website at<br />

http://www.dec.ny.gov/lands/55509.<br />

html. As <strong>of</strong> yet, the site has not been updated<br />

<strong>to</strong> reflect the new changes in law,<br />

but this will be changed in the near future.<br />

However, farms are able <strong>to</strong> report<br />

their water use on the outdated reporting<br />

form currently provided on the DEC<br />

website.<br />

For more information on these<br />

changes or on DEC reporting requirements,<br />

contact Richard Kruzansky in<br />

the Department <strong>of</strong> Environmental Conservation’s<br />

Bureau <strong>of</strong> Water Resources<br />

Management at (518) 402-8182.<br />

— Lisa A. Ovitt is a paralegal in the<br />

<strong>New</strong> <strong>York</strong> <strong>Farm</strong> Bureau<br />

Legal Affairs Department.<br />

Cuomo, PSC Offer<br />

Disaster Assistance<br />

within counties identified by Executive<br />

Orders 17, 21 and/or 22. Eligibility<br />

is contingent upon demonstration that<br />

the loss was suffered as a result <strong>of</strong> Hurricane<br />

Irene and/or Tropical S<strong>to</strong>rm<br />

Lee.<br />

Applications are available at http://<br />

nyserda.ny.gov/agriculture-disasterprogram,<br />

and are for eligible farms or<br />

on-farm producers.<br />

The applications will be processed<br />

in the order in which they are received<br />

on a first-come, first served basis until<br />

December 15, 2011 or until the funding<br />

runs out. Funding will be provided at<br />

100 percent <strong>of</strong> eligible costs minus other<br />

aid or insurance proceeds received<br />

with a maximum assistance amount <strong>of</strong><br />

$100,000 per farm.<br />

<strong>Farm</strong>s seeking assistance will be required<br />

<strong>to</strong> provide supporting documentation<br />

for the equipment or systems<br />

for which they are seeking funding.<br />

Detailed invoices or estimates for the<br />

equipment or systems will be required<br />

for program application. <strong>Farm</strong>s must<br />

also demonstrate that they contribute<br />

<strong>to</strong> the System Benefits Charge (SBC).<br />

For more information, applicants<br />

can call 1-877-NY-SMART (877-697-6278).

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