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HomeMy WebLinkAboutDEC General Permit Issued for Hurricane Sandy Damage New York State Department of Environmental Conservation Division of Environmental Permits,41h Floor 625 Broadway,Albany,NY 12233-1750 Phone: (518)402-9167•Fax:(518)402-9168 Website:www.dee.ny.VoV Joe Martens Commissioner NOTICE OF INTENT INSTRUCTIONS for General Permit GP-0-12-006 - Hurricane Sandy General Permit The Notice of Intent(NOI)is to notify DEC of work to be done under the DEC General Permit for recovery and repair in DEC Regions 1,2,and 3 necessitated by Hurricane Sandy- This General Perin it authorizes specific types of repair and restorative work while waiving the procedural requirements of the Uniform Procedures Act(ECL Article 70). To obtain the required authorization under this General Permit: I. 1. Read the General Permit to ensure that you understand all terms and conditions. . 2. Determine whether or not the work you propose to do is within the scope of the General Permit. (Refer to Description of Authorized Activities on Page 1 of the General Permit). If it is not within the scope,contact the Regional Permit Administrator to apply for an individual permit. If it is,proceed with Step 3 below. I . 3. DEC STRONGLY ENCOURAGES ELECTRONIC SUBMISSION OF THE NOTICE OF INTENT. Fill out the NO[for General Permit GP-0-12-006. Make sure all entries are complete and legible- Read the certification and sign and date the application. If you are submitting the NOI electronically,you may print your name and check the box that certifies you are the responsible applicant in lieu of providing an original signature. I Submit the completed copy of the NO[to: f For Nassau and Suffolk For All of New York City For Dutchess,Orange,Putnam, Counties: (Bronx Kings,New York,Queens Rockland,Sullivan,Ulster and and Richmond): Westchester Counties: NYS DEC REGION 1 NYS DEC REGION 2 NYS DEC REGION S Regional Permit Administrator Regional Permit Administrator Regional Permit Administrator I. SUNY @ Stony Brook i Hunter's Point Plaza 21 South Putt Corners Road 50 Circle Road 47-40 21st Street New Paltz,NY 12561-1696 is•. Stony Brook, NY 11790-3409 Long Island City,NY 11101-5407 (845) 256-3054 (631)444-0365 (718)482-4997 fax: (845)256-3042 fax: (631)444-0360 fax: (718)482-4975 email:sandvr3@Qw dec.state.nv-.us ; email: nd r1 w. t .n .us email:Undyr2@aw.dec.state,nv,us i ALTERNATELY,NOIs can be sent to: NYS DEC Division of Environmental Permits 625 Broadway,Albany, NY 12233-1750 (518)402-9167;fax: (518)402-9168 Do not send the NOI to more than one location or in more than one manner. You can begin work upon submission of the NOL DEC will send a confirmation email of your NOI,please keep a copy of this for your records. INSTRUCTIONS CONTINUED ON THE NEXT PAGE I E 4. Photographs of all relevant structures and site conditions must be taken prior to performing any work authorized by this permit and immediately upon completion of work. Within 21 days of completion of work a copy of the photographs,and a copy of the Notice of Intent must be submitted to: for NYS DEC REGION 1 for NYS DEC REGION 2 for NYS DEC REGION 3 I' . Regional Permlt Administrator Regional Permlt Administrator € Bureau of Habitat•TW,Storm 1 Hunter's Point Plaza 21 South Putt Corners Road Damage Team 47-40 21st Street New Paltz,NY 12561-1696 50 Circle Road,SUNY Cud Stony Long Island City, NY 11101-5407 Brook Stony Brook,NY 11790 i1 i 5. Ensure that those doing the actual work understand and comply with all terms and conditions of the General Permit. i 6. Contact the Regional Permit Administrator if you have questions or encounter unforeseen problems during the course of the work. f i . E 3 I ' I I� I 4 I�. 4 i. i I ,. NYS DEPARTMENT OF ENVIRONMENTAL_CONSERVATION i {notice of Intent for General Permit GP-0-12-006 - Hurricane Sandy General Permit Pursuant to Environmental Conservation Law Article 70 i i • DEC use only DEC use only I -. DEC Permit No. Effective Date: October 31, 2012 is NNW Expiration Date: October 31,2013 Project Location: Town of: County of; f Name of Applicant/Owner: Phone: Mailing Address: City: Email: State: Zip: j i_ Permit Contact(if different from Applicant/Owner): Phone: ! •. Mailing Address: City: Email: State: Zip: Authorization Type Tidal Wetlands,Article 25,6 NYCRR 661 - E• Excavation & Fill in Navigable Waters, Article 15,Title 5,6 NYCRR 608 Water Quality Certification,Section 401 Clean Water Act,6 NYCRR 608 Coastal Erosion Management, Article 34, 6 NYCRR 505 ProLe_ct_Description: i I ' I I i Type of Proiect: I ® Stabilization of existing functional storm-damaged dwellings,decks and walkways with temporary bracing and _ pilings. i ® Construction of a single 4'wide access walkway to access damaged dwellings. 13 Installation of up to four rows of sandbags or 1 cubic yard sand cubes at the toe of storm damaged structures or eroded escarpments. c El Placement of sand and/or material equivalent to existing material at the toe of eroded escarpments. ® Repair or reconstruction of stairways that were functional before Hurricane Sandy. © Re-grade eroded dunes. 13 In-kind/in-place repair or reconstruction of bulkheads and shoreline erosion structures that were functional before Hurricane Sandy. ® Repair or reconstruction of existing public roads, bridges, utilities and other public infrastructure. Cortification: have read this permit and will construct this project in compliance with the terms and conditions of this permit and the Environmental Conservation Law and applicable regulations. I understand that any false or inaccurate statements made in the application for this permit are punishable as a Class A misdemeanor. As a condition of this permit, I accept full legal responsibility for all damage, direct or indirect,of whatever nature, and by whomever suffered, arising out of the project described herein and agree to indemnify and save harmless the state from suits, actions, damages, and costs of every name and description resulting from this project. Applicant Signature!Name Date ® By checking this box, I certify that 1 am the responsible Applicant for this NOL i fi . i. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION General Permit Number GP-0-12-006 PERMIT Under the Environmental Conservation Law(ECL) GENERAL PERMIT GP-0-12-006 Hurricane Sandy General Permit Permittee and Facility Inlformation Permit Issued To: Facility: l Affected Landowner Location Listed ; on Notice of Intent I . I Applicable DEC Region(s): 1 ,2,3 General Permit Authorized Activity: General Permit for repair of damages resulting frorn Hurricane Sandy. i Description of Authorized Activities: i 1. Stabilization of existing functional storm-damaged dwellings,decks and walkways with temporary bracing and pilings; 2.Construction of a single T wide access walkway to access damaged dwellings; 3. Installation of up to four rows of sandbags or 1 cubic yard.sand cubes afthe toe of storm damaged structures or eroded escarpments; 4. Placement of sand and/or material equivalent to existing material at the toe of eroded escarpments; 5. Repair or reconstruction of stairways that were functional before Hurricane Sandy; 6.Re-grade eroded dunes; 7. In-hind/in-place repair or reconstruction of bulkheads and shoreline erosion structures that were functional before Hurricane Sandy; '. S.Repair or reconstruction of existing public roads,bridges,utilities and other public infrastructure. All work shall be done according to the permit conditions contained herein. i i Permit Authorizations Tidal Wetlands-Under Article 25 Effective Date: 1 013 1/20 1 2 Expiration Date: 10/31/2013 Excavation &fill in Navigable Waters-Under Article 15,Title 5 Effective Date: 1 013 1/20 1 2 Expiration Date: 10/31/2013 Water Quality Certification-Under Section 401 -Clean Water Act Effective Date: 10/31/2012 Expiration Date: I0/31/2013 Coastal Erosion Management-Under Article 34 i Effective Date: 10/31/2012 Expiration Date: 10/31/2013 Page 1 of 6 f .: f NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION General Permit Number GP-0-12-006 NXSDEC Approval By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compliance with the ECL,all applicable regulations,and all conditions included as part of this permit. General Permit Authorized by Permit Administrator:JOHN!FERGUSON,Chief Permit Administrator Address: NYSDEC HEADQUARTERS 625 BROADWAY ALBANY,NY 12233 , Authorized Signature: Date: 10/31/2012 i i Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION i GENERAL CONDITIONS,APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE 013LIGATIONS . f NATURAL RESOURCE PERMIT CONDITIONS-Apply to the Following Permits: COASTAL EROSION MANAGEMENT; WATER QUALITY . I CERTIFICATION; EXCAVATION& FILL IN NAVIGABLE WATERS;.TIDAL WETLANDS 1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by the applicant and/or an authorized representative. 2. In-kind,In-place Repair or Reconstruction Existing bulkheads, walkways and shoreline erosion . . structures that were functioning at the time of the storm damage may be repaired or reconstructed in- kind and in-place of the existing structures.No expansion or seaward extension of bulkheads or shoreline structures is authorized by this permit. I '� 3. Repairs to Structures All repairs to existing structures shall be confined to replacement of existing elements with no charge in design,dimension or materials,Unless specifically authorized by this permit. �.. 4. Stairway Design The stairs and landings shall be a maximum of 4 feet in width and constructed a . minimum of 3 feet above grade over the dune/bluff face. Page 2 of 6 A NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL.CONSERVATION General Permit Number GP-0-12-006 3 5. Backfilling All peripheral berms,cofferdams,rock revetments,seawalls,gabions, bulkheads or other approved shoreline stabilization structures shall be completed prior to placement of any fill material behind such structures. 6. Equipment Operation Equipment operation-below the high tide line is strictly prohibited.The storage of construction equipment and materials shall be confined to the project work area and areas more than 100 feet from the high tide line. 7. Sanitary Systems This permit does not authorize filling or re-grading of exposed sanitary systems. r Landowners must apply for separate permits to perform repairs or reconstruction to sanitary systems. i I 8. Hydraulically-filled Sandbags,Sand Cubes and Geotnbes Hydraulically-filled sandbags, sand cubes and geotubes are strictly prohibited. 4. 9. Beach Excavation Prohibited for Fill Excavation of the beach or dune for the purpose of obtaining 3 . fill material is prohibited. Sandbags may not be filled using sand from the beach or dune areas. , Sandbags must be filled with clean sand;no debris or deleterious materials are allowed. f 1. 10. Sandbag and Sand Cube Installation Sandbags and sand cubes must be installed no more than four rows deep and a maximum of three rows high. 11. Removal of Sandbags and Sand Cubes Sandbags and sand cubes must be removed within 120 days of installation,or a separate DEC permit to allow the structures to remain permanently must be obtained. ' 12. Tidal Wetland Vegetation There shall be no disturbance or damage to vegetated tidal wetlands or dune vegetation as a result of the work performed under this permit.All necessary precautions must be taken to prevent damage or disturbance to these vegetated areas. I . 1 ' 13. Construction Debris All construction debris shall be cleaned up at the end of each work day and . disposed properly.No debris is permitted in tidal waters or the beach areas. 14. Asian Longhorned Beetles Any tree debris within New York City,Nassau or Suffolk counties shall be disposed of by chipping to less than t inch in any two dimensions,then used as mulch,erosion control,building agent,or fuel. Wood may only be moved from Asian Longhorned Beetle quarantine ( . areas under a permit from the NYS Department of Agriculture and Markets (http://www.agriculture.ny.gov/Pl/alb.htmi). � i 15. Least Terns and Piping Plovers All recovery and repair work occurring in open, sandy beach areas must cease on March 31,2013 to protect potential habitat for Least Tern and Piping Plover,unless . otherwise authorized in writing by the Department. 16. No Dredging or Excavation No dredging,excavating or other alteration of shoreline or underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. i 17. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. I� Page 3 of 6 l f 3 i NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ''OW General Permit Number GP-0-12-006 18. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation,or for other purposes, and no claim or right to compensation shall accrue from any such damage. 19. State May Order:Removal or Alteration of Work if future operations by the State of New York I . require an alteration in the position of the structure or work herein authorized,or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health,safety or welfare of the people of the State,or cause loss or destruction of the natural resources of the State,the owner may be ordered by the Department to remove or alter the structural work,obstructions,or hazards caused thereby without i expense to the State,and if, upon the expiration or revocation of this permit,the structure,fill, excavation,or other modification of the watercourse hereby authorized shall not be completed,the owners, shall, without expense to the State,and to such extent and in such time and manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or-alteration. 20. State May Require Site Restoration if upon the expiration or revocation of this permit the I - project hereby authorized has not been completed,the applicant shall,without expense to the State, and } to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its j former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 21. Precautions Against Contamination of Waters All necessary precautions shall be taken to i preclude contamination of any wetland or waterway by suspended solids;sediments;fuels, solvents, lubricants, epoxy coatings, paints,concrete, leachate or any other environmentally deleterious materials associated with the project. f. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303,306 and 307 of the Clean Water Act of 1977(PL 95-217)provided that all of the conditions listed herein are met. i GENERAL CONDITIONS -Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department)to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). Page 4 of 6 1 i NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION General Permit Number GP-0-12-006 ! The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps,drawings and special conditions,must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify,supersede or rescind any order or determination previously issued by the Department or any of the terms,conditions or requirements I contained in such order or determination. 3. Applications For Permit Renewals,Modifications or Transfers The permittee must submit a ; separate written application to the Department for permit renewal,modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal,modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal,modification or transfer are to be submitted to: Regional Permit Administrator 625 Broadway I Albany, NY 12233-1750 i 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations:Tidal Wetlands, Excavation.& Fill in Navigable Waters, Water Quality Certification,Coastal Erosion Management. 5. Permit Modifications,Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify,suspend or revoke this permit.' The grounds for modification, suspension or revocation include: a. materially False or inaccurate statements in the permit application or supporting papers; I � b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; E - d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the Existing permit; e. noncompliance with previously issued permit conditions,orders of the commissioner,any provisions of the Environmental Conservation Law or regulations of the Department related to the pennitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute,regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 5 of 6 SA NEW PORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION General Permit Number GP-0-12-006 I t I i NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives,employees, 3 and agents("DEC") for all claims,suits,actions,and damages,to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection . with, or operation and maintenance of,the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims,suits,actions,or damages to the extent attributable'to DEC's own negligent or intentional acts or omissions,or to any claims,suits,or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item R. Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors,employees,agents and assigns of ' their responsibility to comply with this permit, including all special conditions while acting as the �. permittee's agent with respect to the permitted activities,and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits,approvals, lands,easements and rights-of i way that may be required to carry out the activities that are authorized by this permit. i i Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands of interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title, or interest in real or personal property held or vested in a person not a party to the permit. E Page 6 of 6