HomeMy WebLinkAboutStormwater Pollution Prevention Plan - Indian Neck Stand. Sub. u
STOR WATER POLLUTION PREVENTION PLAN
FOR CONSTRUCTION ACTIVITIES
for
Indian Neck Preserve
5 Lot Subdivision
3375 Indian Neck Lane
Peconic,NY 11958
OF NEB
TOL
Prepared On: �
July 30,2026
Prepared For:
3375 Indian Neck LLC 1 A
PO Box 783
Mattituck,NY 11952
Prepared By:
Aft t IS
ENGINEERING PLLC
200 Broadhollow Road,Suite 207,Melville,NY 11747
- ALS Project No.:26001
" S ENGINEERING PLLC
Contents Appendices
Section 1 -Introduction Appendix A — Figures and Maps
Objective............ ..........__..................3 Appendix B — Erosion Control Plan
Notice of Intent....-........... ......3 Appendix C — eNO1,Owner/Operator&Preparer Certifications
SWPPP Field Book...........................................3 Appendix D — Contractor Certifications
Participant Contact Information.....................3 Appendix E — MS4 Acceptance Letter
General Project Description............................3 Appendix F — Erosion and Sediment Control Details
Appendix G — Sample Inspection Report/SWPPP Amendment Form
Section 2—Site Conditions Appendix H — SPDES 2025 General Permit GP-0-25-001
Site Location....................................................4
Site Description...............................................4
Soils..................................................................4
Topography......................................................5
Historic Places.................................................5
Surface Waters................................................5
Environmental Resource Mapper...................5
Climate Change...............................................5
Section 3—Project Information
Project Description..........................................6
Construction Sequencing................................6
Section 4—Erosion&Sediment Control Measures
Overview..........................................................7
Temporary Measures.......................................7
Permanent Measures......................................8
Section 5—Pollution Prevention Measures
Pollution Prevention Measures.......................8
Section 6—Inspections&Record Keeping
Contractor Requirements.,.............................9
Qualified Inspector Requirements..................10
Notice of Termination......................................10
Record Retention.............................................10
Indian Neck Preserve /ALS 26001 Page 2 of 10
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^IS ENGINEERING PLLC
SECTION 1 - INTRODUCTION
Objective
As required by the Town of Southold and the New York State Department of Environmental Conservation(NYSDEC),this
report was prepared to outline the stormwater pollution prevention measures as well as the responsibilities of all parties
involved in the construction of this project in accordance with the SPDES General Permit for Stormwater Discharges(Permit
No.GP-0-25-001. A copy of the General Permit is located in Appendix H of this report for reference.
Notice of Intent
Prior to the start of construction,the property Owner or Operator must submit an electronic Notice of Intent(eNOI)to
the NYSDEC in order to obtain a Letter of Acknowledgement(LOA)and discharge stormwater under the SPDES
General Permit for Stormwater Discharges.
A copy of the eNOI with Owner and Preparer Certifications are included in Appendix C.
SWPPP Field Book
Upon receipt of the Letter of Acknowledgement and prior to commencement of construction activities,the Owner or
Operator must maintain a copy of all relevant documentation at the construction site as specified in Parts I.E.3 and 4
of the General Permit.The Owner/Operator must maintain these documents in a secure location such as a job trailer
or mailbox with Lock.
fici. alit t .+r I f�.r_.>pn i n
Owner/Applicant: 3375 Indian Neck LLC
PO Box 783
Mattituck,NY 11952
(631)445-4348
SWPPP Preparer: ALS Engineering PLLC
200 Broadhollow Road,Suite 207
Melville,NY 11747
(631)759-0167
AndrewStolzenberg,P.E.
Operator/Contractor: TBD
f"er ryIL,P
The proposed project includes the construction of a 5 lot single family residential subdivision with associated site
improvements including driveways,grading, drainage,and connection to public utilities.A large portion of the site will
be preserved as open space.
As indicated in Table 1 of Appendix B of the Construction General Permit(CGP),this project is categorized as a
"Single-family residential subdivision with 25916 or less impervious cover at total site build-out and not located in one
of the watersheds listed in Appendix C and not directly discharging to one of the 303(d)segments listed in Appendix
D"and disturbing between 1 and 5 acres of land.Therefore,this project requires the preparation of a SWPPP
including only the erosion and sediment control component.
Indian Neck Preserve /ALS 26001 Page 3 of 10
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a[S ENGINEERING PLLC
SECTION 2 - SITE CONDITIONS
Site Location
Site Address: 3375 Indian Neck Lane, Peconic, NY 11958
Tax Map No.: 1000—98—1 —1.3
Site[ rip.tio
The subject property is 649,231 sf(14.904 acres),zoned `R-80', located on the northwest corner of Indian Neck Lane
and Indian Neck Road.The property is bordered by residential properties.A location map and aerial are provided in
Appendix A for reference.
The subject property is improved with a single family dwelling and accessory barn structures.The property also
contains wetlands and an area of golf course.
The following table outlines the approximate land uses for the subject property in the existing condition:
Coverage Area(SF) Area(Ac)
Building/Pavement 6,534 0.15
_._._. .. ........ ....
Woods/Landscape 603,169 13.85
Wetland 39,528 0.91
Total Impervious 6,534 0.15
Total Woods/Landscape 603,169 _ 13.85
Total Wetland 39.."_528 0.91
Total Property 649,231 14.9
Based on the Land coverages above,the existing impervious area of the project area is 1.0%
In accordance with the requirements of this Stormwater Pollution Prevention Plan(SWPPP),a plan detailing the
contractor's requirements for sediment and erosion control throughout construction has been prepared by ALS
Engineering PLLC(Refer to the Erosion Control Plan in Appendix B).
Soils
As shown in Figure 4 of Appendix A,the USDA Soil Survey classifies the soil on the subject property as:
+ HaA—Haven Loam,0 to 2 percent slopes,with a Hydrologic Soil Group rating of B
• HaB—Haven loam,2 to 6 percent slopes,with a Hydrologic Soil Group rating of B
Based on the test hole taken on the property,the subsoil of the property generally consists of 1'dark brown loam,
underlain by 1' brown silt, underlain by 2'brown silty sand, underlain by 13' pale brown fine sand.Water was
encountered at a depth of 15.7'.
Based on the above,the subsoil appears adequate for infiltration practices assuming infiltration practices are
installed within suitable draining subsoil.
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""IS ENGINEERING PLLC
Topography
The topography of the site is relatively flat with steeper slopes along the wetland and within the graded golf areas.
Stormwater generated over the property generally flows towards the wetland or to low areas within the golf course
area.
H t rjc Places
Based on the online map from the New York State Historic Preservation Office(SHPO)Cultural Resources
information System (CRIS),the subject property is located within an archaeological buffer area.According to the
Map,the construction activity is not located on or immediately adjacent to a property listed or determined to be
eligible for listing on the National or State Registers of Historic Places and that there is no new permanent building on
the proposed construction site that is within 20'of a building, structure or object that is more than 50 years old.
A copy of the Map is provided in Appendix A as Figure 5.
Surface Waters
There are wetlands located on the subject property as shown on the Federal Wetlands Mapper provided as Figure 6 of
Appendix A. Per the FEMA map provided in Appendix A as Figure 3,a portion of the site falls within a flood zone. No
work is proposed within the flood zone.
.rlvir rlr :r�tsu.�..l es.cl Nce Mapper
According to the NYSDEC environmental resource mapper included as Figure 7 of Appendix A,the property is located
within an area that may contain rare plants or animals. Per the mapper,the subject location is in the vicinity of Bats
Listed as endangered or threatened and Plants listed as endangered,threatened or rare.
As the subject location is in the vicinity of Bats Listed as endangered or threatened,clearing and tree cutting within the
property will be based on NYSDEC guidelines and limited to the designated tree clearing window between December
1 and February 28 for Suffolk County.
lfrM°ilate C- ..ange
Physical risks due to future climate change include increasing temperature,increasing precipitation,increasing
variability in precipitation, increasing frequency and severity of flooding, rising sea level, increasing storm surge and
shifting ecology.
As wetlands are located on the subject property,the proposed lots and development have been intentionally sited
away from the wetlands to provide a large area of open space to serve as a buffer between the wetlands and
proposed lots. In order to decrease impervious area and the subsequent increase in stormwater runoff,the proposed
lots will all take access from the existing roadways eliminating the need for the addition of impervious area
associated with new roads and longer driveways. Based on the test hole,the site contains subsoil adequate for
infiltration.Stormwater management systems will be provided for proposed buildings in order to reduce potential
runoff.All of the above will serve to minimize the potential effects of future climate change including increase of
precipitation,rising sea level,storm surges and changing ecology.
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^LS ENGINEERING PLLC
SECTION 3 - PROJECT INFORMATION
As indicated previously,the proposed project includes the construction of a 3 lot single family residential subdivision
with associated site improvements.
The following table outlines the land uses for the property in the proposed condition:
Coverage Area(SF) Area(Ac)
Buildings/Pavement 28,314 0.65
Landscape/Wooded 581,389 13.35
Wetland 39,528 0.91
....._............._..._._.._...�
Total Impervious 28,314 0.65
Total Landscape/Wooded 581,389 13.35
Total Wetland 39,528 0.91
Total Site 649,231 14.9
Based on the land coverages above,the proposed impervious area of the project area is 4.4%
The overall area of disturbance for the project is approximately4.0 acres.
Construction will be performed in 1 phase with the soil disturbance limit as depicted on the project Erosion Control
Plan.General sequencing of construction activities will be as follows:
• Installation of erosion control measures(perimeter silt fence,off-site inlet protection,construction entrance).
• Clearing and grubbing of on-site disturbance areas.
• Rough grading of the proposed pavement and building areas.
• Installation of drainage structures and utility services.
• Installation of remaining erosion control measures(inlet protection).
• Construction of building(s)
• Final grading.
• Paving of the driveways.
• Seeding and installation of landscaping.
• Final removal of the erosion control measures.
The phasing described above is to be considered general.Actual construction phasing and timelines are to be
determined by the contractor at the time of construction. Erosion control measures are to be installed as their need
becomes appropriate. For example,the construction entrance is to be installed at the beginning of construction;
while inlet protection is to be installed as the stormwater inlets are installed.
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+ S ENGINEERING PLLC
SECTION 4 - Erosion & Sediment Control Measures
Overview
During the course of soil disturbing activities,the potential for erosion and sedimentation must be controlled through
the implementation of erosion and sediment control measures as outlined on the Erosion Control Plan included in
Appendix B and in accordance with the Latest version of the New York State Standards and Specifications for Erosion
and Sediment Control(See details in Appendix F).
The contractor shall be responsible for implementing and maintaining the erosion and sediment control measures.
The Owner or Operator is responsible for keeping the SWPPP current so that the SWPPP accurately represents the
erosion and sediment control measures being used on the project site.
A SWPPP Amendment Form is included in Appendix G.
Erosion and sediment control measures are classified as either temporary measures or permanent measures.
Temporary measures are to be used during construction. Permanent measures are to be utilized after the completion
of construction.
Silt Fence: Prior to any soil disturbing activities,silt fence is to be installed around the project Limit of disturbance as
depicted on the Erosion Control Plan and remain in place until final stabilization.The silt fence is to be cleaned,
repaired and replaced as necessary.Sediment is to be removed from behind the fence when accumulation is 1/3 of
the original fence height and the silt fence should be replaced when bulges develop in the silt fence.
Co,.nstruct on.Entrance:.The stabilized construction entrance is to be placed where construction vehicles enter and
exit the site and is to remain until final stabilization.The construction entrance shall be maintained to prevent
tracking of sediment onto adjoining roadways.Additional aggregate shall be added and vehicle tires shall be washed
as necessary to prevent tracking.Any tracking of sediment shall be cleaned immediately and must not drain into
stormwater structures,swales, etc.
D.a,5,tC.Q.ntrci.A..Dust Control is to be implemented with the use of vegetative cover or water as necessary to minimize
transport of sediment when soil is exposed.
L,n,L,€ ;.,,Pr„o„t,ed,on: Inlet protection is to be placed on existing and proposed drainage inlets to prevent sediment from
entering storm drains. Prior to soil disturbing activities, inlet protection is to be placed on existing inlets.After new
structures are installed, inlet protection is to be placed on new inlets as depicted on the Erosion Control Plan. Inlet
filter bags shall be emptied when accumulation reaches 50%. Inlet protection shall be cleaned, repaired and
replaced as necessary to prevent sediment from entering storm drains.
Concrete_WaShu.�+ut»,A temporary lined washout area shall be provided where concrete trucks and equipment can be
washed.The washout shall be installed and Located as depicted on the Erosion Control Plan. Concrete washout
facilities shall be inspected daily and any damaged facilities shall be repaired or replaced immediately
ernporery. 1aWlJ fpoR Temporary stabilization of disturbed areas may be accomplished by mulching,seed and/or
erosion control mats in accordance with the New York State Standards and Specifications for Erosion and Sediment
Control.
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atS ENGINEERING PLLC
Perm,anen measures
$to rrnweter,ma,wogome,a1 ys The proposed stormwater management system will consist of precast concrete
drywells which will serve to control runoff and minimize potential for erosion post construction.
Land Grading—Land grading will be implemented throughout the site to safely convey surface runoff to the proposed
stormwater management system. Land grading will occur in accordance with the project Grading Plan.
Landscaping—In areas not proposed as impervious surface, Landscaping will be installed to prevent erosion and
minimize stormwater runoff.
SECTION 5 - Pollution Prevention Measures
The following good housekeeping and material management practices shall be utilized on-site during the
construction of this project to reduce the risk of spills or other accidental exposure of materials and substances such
as pesticides,fertilizer, plaster, cleaning solvents,concrete,adhesives, paint,curing compounds,oil and fuel to
stormwater runoff.
'W"w t„a tamlats:All waste materials including packaging, pallets, discarded materials,etc.will be collected and
disposed of into a metal trash dumpster in an area designated for the storage of materials.The dumpster will have a
secure,watertight lid, be placed away from stormwater conveyances and drains,and meet all federal,state and
municipal regulations.Only trash and construction debris from the site will be deposited in the dumpster. No
construction materials will be buried on-site.All personnel will be instructed regarding the correct disposal of trash
and construction debris. Notices that state these practices will be posted in the office trailer and the individual who
manages day-to-day site operation will be responsible for ensuring that these practices are followed.
,, '0raga:The permittee must comply with the prohibition of discharges other than stormwater
that includes the washout and cleanout of stucco, paint,concrete,form release oils,curing compounds and other
construction materials.The permittee must provide effective containment for all liquid and solid wastes generated by
washout operations and provide an effective means to eliminate the discharge of these wastes to the site or receiving
waters.All construction materials with potential to contaminate stormwater such as paints, building materials,
building products, landscape materials,fertilizers,etc. shall be stored to minimize exposure to direct precipitation
and runoff.
Hazardous Waste Materilals:All hazardous waste materials such as oil filters, petroleum products, paint and
equipment maintenance fluids will be stored in a structurally sound and sealed shipping container within an area
designated for the storage of hazardous material. Hazardous waste materials will be stored in appropriate and
clearly marked containers on pallets and segregated from other non-waste materials.Secondary containment will be
provided for all waste materials in the hazardous materials area and will consist of commercially available spill
pallets.Additionally, all hazardous waste materials will not be disposed of into on-site dumpsters.All personnel will
be instructed regarding proper procedures for hazardous waste disposal. Notices that state these practices will be
posted in the office trailer and the individual who manages day-to-day site operation will be responsible for ensuring
that these practices are followed.
Sanitary Waste:Temporary sanitary facilities(portable toilets)will be provided at the site throughout construction..
Portable toilets will be located away from concentrated flow paths and traffic flow and will have collection pans
underneath as secondary containment.
. hlcl 1. �u$pgl ant Fu.a4rPg . ,.J"lagn rice:Several types of vehicles and equipment will be used on-site
throughout the project, including graders,scrapers,excavators, loaders, paving equipment, rollers and backhoes.All
major equipment/vehicle fueling and maintenance will be performed off-site.When vehicle fueling must occur on-
Indian Neck Preserve /ALS 26001 Page 8 of 10
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AAS ENGINEERING PLLC
site,the fueling activity will occur in the staging area. Only minor equipment maintenance will occur on-site.All
equipment fluids generated from maintenance activities will be disposed of into designated drums stored on spill
pallets.Absorbent,spill-cleanup materials and spill kits will be available at the staging area. Drip pans will be placed
under all equipment receiving maintenance and equipment parked overnight.Any washing of equipment with soaps,
detergents and/or solvents is prohibited.
jrl_ Vhj. fp: ;The contractor shall be responsible for maintaining control of construction generated
debris and litter. On-site dumpsters will be used to manage construction and demolition debris. The dumpsters shall
be emptied as necessary when they are full. The contractor will inspect the site for sources of debris and litter and
ensure that it is disposed of properly.
oni.Jc.al 'n,1,G_, l rgl_rr The contractor is responsible for providing a spill control plan to account for any chemical
spill that may take place as a result of the proposed project.The plan shall include but not be limited to material
storage practices,spill prevention methods, response and cleanup measures,etc.
The contractor's plan shall at a minimum comply with all location regulations regarding the removal and disposal of
toxic and hazardous waste including but not limited to chemical spills and sanitary sewer and septic materials
encountered during construction.
SECTION 6 - Inspections & Record Keeping
Prior to the commencement of construction activity,the owner or operator must identify the contractor(s)and
subcontractor(s)that will be responsible for installing, constructing, repairing, replacing, inspecting, and maintaining
the erosion and sediment control practices included in the SWPPP and the contractor(s)and subcontractor(s)that
will be responsible for constructing the SMPs included in the SWPPP.The owner or operator must have each of the
contractors and subcontractors identify at least one person from their company to be the trained contractor that will
be responsible for implementation of the SWPPP.The owner or operator must ensure that at least one trained
contractor is on site daily when soil disturbance activities are being performed.
Each trained contractor must sign the required certification statement.The signed contractor certification(s)are
included in Appendix D.
The trained contractor must inspect the erosion and sediment control practices and pollution prevention measures
being implemented within the active work area daily to ensure that they are being maintained in effective operating
condition at all times.
If deficiencies are identified,the contractor must:
a.if the corrective action does not require engineering design:
i.begin implementing corrective actions within one business day;and
ii.complete the corrective actions within five business days;or
b.if the corrective action requires engineering design:
i.begin the engineering design process within five business days;an
ii.complete the corrective action in a reasonable time frame but no later than within 60 calendar days.
A sample inspection report is provided in Appendix G.
Indian Neck Preserve /ALS 26001 Page 9 of 10
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atS ENGINEERING PLLC
Queiified..iim .aeclor.Rec uIr-e- l r t
The scope of this project constitutes a construction activity that does not require site inspections by a qualified
inspector as outlined in section IV.C.1.b.
When the project has reached total project completion as defined by Part V.A.1 of the General Permit,the
Owner/Operator must terminate permit coverage by preparing and submitting the electronic Notice of Termination
(eNOT).
For construction activities that require inspections by a qualified inspector,the qualified inspector must perform a
final site inspection prior to submitting the eNOT.The qualified inspector must certify that all requirements in Part
V.A.1.a or b of the General Permit have been achieved by signing the"Final Stabilization"and"Post-Construction
Stormwater Management Practice(s)"certification statements on the eNOT.
For construction activities that are subject to the review authority of Traditional Land Use Control MS4,the owner or
operator must have the Traditional Land Use Control MS4 sign the"MS4 Acceptance"statement on the eNOT.
After the eNOT is submitted,an owner or operator's coverage is terminated as of the termination date indicated in the
Letter of Termination (LOT),which is sent by the NYSDEC after a complete eNOT is submitted.
Record,.Rete.nti.on
After the LOT is issued,the Owner/Operator must retain a copy of all documents specified in Part I.E.3 of the General
Permit for at least 5 years from the date of termination.
Indian Neck Preserve /ALS 26001 Page 10 of 10
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^LS ENGINEERING PLLC
Appendix A
Figures & Maps
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Appendix B
Erosion Control Plan
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Appendix C
eNOi, Owner & Preparer Certifications
Indian Neck Preserve/ALS 26001
NE Department of
N;ST°Ar Environmental
Conservation
Owner/Operator Certification Fora
SPDES General Permit for Stormwater Discharges from
Construction Activity, GP-0-25-001 (CGP)
(In accordance with CGP Part I.D.2.b. or Part I.F.2. and 3., the completed form must be attached to the eNOI or the
Request to Continue Coverage, and submitted to NYSDEC electronically.
Project/Site Name: Indian Neck Preserve
eNO1 Submission ID: HQP-YPJ 1 -M6V4C
eNO1 Submitted by: Owner/Operator R SWPPP Preparer El Other
,,Pertification Statement - Owner/Operator
I hereby certify that I read, and will comply with, the GP-0-25-001 permit requirements. I understand that
authorization to discharge under the permit for the project/site named above is dependent on receipt of a
Letter of Authorization (LOA) or a Letter of Continued Coverage (LOCC) from the New York State
Department of Environmental Conservation (NYSDEC) in accordance with CGP Part I.D.3.b. or Part I.F.4.
I am aware that there are significant penalties for submitting false information, including the possibility of
fine and imprisonment for knowing violations.
Paul Pawlowski
Owner/Operator First Name MI Owner/Operator Last Name
Signature
7/10/26
Date
Revised:January 2025
!III w Department of
RK
TOA Environmental
Conservation
SWPPP Preparer Certification Form
SPDES General Permit for Stormwater Discharges from
Construction Activity, GP-0-25-001 (CGP)
(In accordance with CGP Part I.D.2.b., the completed form must be attached to the eN01 and
submitted to NYSDEC electronically.)
Project/Site Name: Indian Neck Preserve
eNOl Submission ID: �HQP-YPJ1-M6V4C
. .........,,..w.................
i
Owner/Operator Name: �3375 Indian Neck LLC
11
Certification — SWPPP Preparer
hereby certify that the Stormwater Pollution Prevention Plan (SWPPP) has been
prepared in accordance with the requirements of GP-0-25-001. I certify under penalty
of law that the SWPPP and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.
m....,................. .....
....
.........
Andrew Stolzenber
__...... , a.. _ .
SWPPP Preparer First Name MI SWPPP Preparer Last Name
" -APOZ7 7/1126
Signature Date
Revised:January 2025
7/31/26, 10:30 AM NYSDEC eBusiness Portal System-Construction General Permit(CGP)Electronic Notice of Intent(eNOI)GP-0-25-001.Revision 1
Construction General Permit
(CGP) Electronic Notice of
Intent (eNOI) GIB"-0-25 001
version 1.18
(Submission#: HQP-YPJ1-M6V4C, version 1)
Details
Originally Started By Andrew Stolzenberg
Alternate Identifier Indian Neck Preserve—Region 1
Submission ID HQP-YPJ1-M6V4C
Status Draft
Form Input
Eligibility
Disturbance Threshold
1.Will the construction activity involve soil disturbances listed in Part I.A.1 of GP-0-
25-001?
Yes
1.a.Will any runoff from the site enter a sewer system classified as a combined
sewer?
No
1.b. Is this a remediation project being done under a Department approved work
plan (i.e. CERCLA, RCRA,Voluntary Cleanup Agreement, etc.)with a SWPPP which
meets the substantive requirements of GP-0-25-001?
No
1.c. Is the construction activity related to a stormwater discharge that does not
require a permit as described in 40 CFR 122.3(e), e.g. non-point source agriculture
or silviculture activities?
No -
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Other SPDES Permits
2.Will the discharge from the construction activity meet all conditions listed in Part
I.A.2 of GP-0-25-001?
Yes
Threatened and Endangered Species
3.Will the construction activity potentially adversely affect a species that is
endangered or threatened per Part I.A.3.?
No
_. (SHPA)
State Historic Preservation Act„m„ M.nm_,, ^____ .... ............_............
4. Is the construction activity designated by the Commissioner of the Office of
Parks, Recreation and Historic Preservation (OPRHP), pursuant to 9 NYCRR
§§428.12 or 428.13 as exempt from the SHPA review(see Attachment 2 of the Letter
of Resolution between NYSDEC and OPRHP, dated January 9, 2015)?
No
4.a. Will the construction activity:
a) occur within an archeologically sensitive area indicated on the sensitivity map, or
b) have the potential to affect a property that is listed or determined to be eligible for listing
on the National or State Registers of Historic Places, or
c) include a new permanent building on the construction site within the following distances
from a building, structure, or object that is more than 50 years old and OPRHP, a Historic
Preservation Commission of a Certified Local Government, or a qualified preservation
professional has determined is a historically/archeologically significant building, structure,
or object:
w 1-5 acres of disturbance-20 feet
5-20 acres of disturbance-50 feet
20+acres of disturbance-100 feet?
Yes
4.a.i. Have the impacts to historic properties been resolved?
No
This construction activity is not eligible for coverage under GP-0-25-001. Please see
Part I.A.4. of GP-0-25-001.
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The owner/operator must take necessary action to make the construction activity
eligible for coverage under GP-0-25-001 in order to submit this eNOI, or seek coverage
under an individual SPDES permit. Please contact the NYSDEC Regional Office for
your Region if you have any questions.
i Review SEAR State Environmental Qual.. !_........... _�� ..... ... ...........,. �.m
5. Is the construction activity subject to SEQR(Part I.A.5.), or the equivalent
environmental review from another NYS or federal agency (Part I.A.6.)?
Yes
5.a. Has the owner/operator obtained documentation that the project review
pursuant to SEAR, or the equivalent, has been satisfied per Part I.A.5. or I.A.6. of
G P-0-25-001?
NONE PROVIDED
Procedures Act(UPA) Permits Uniform Pr -..—...._ .... ............. ................................... .. .................... _m.
6. Has the owner/operator obtained all necessary UPA permits from NYSDEC, or the
equivalent from another NYS or federal agency per Part I.A.7.a. of GP-0-25-001?
Select"Yes" if no UPA permits, or the equivalent, are required for this construction
activity.
NONE PROVIDED
Steep Slope
7. Is the construction activity within the watershed of surface waters of the State
classified as AA or AA-S identified utilizing the Stormwater Interactive Map on
NYSDEC's website?
No
Owner/Operator Information
8. Owner/Operator Name
3375 Indian Neck LLC
9. Owner/O erator Contact Person Information
..... ._................._
First and Last Name Phone E-mail
Paul Pawlowski (631)445 4348 paulmpawlowski@gmail.com
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10. Owner/Operator Mailing Address
PO Box 783
Mattituck, NY 11952
USA
11. Is the billing contact different from the Owner/Operator Contact?
No
12. What type of organization is the owner/operator?
Corporation
12.b. Is the owner/operator registered with the Department of State to do business
in New York State?
Yes
12.b.i. Department of State ID#
7786586
The Department of State ID can be found using the following link:
De rtmen gf State I Division of Corporations
Site Information
13. Project/Site Name
Indian Neck Preserve
14. Site Address
3375 Indian Neck Lane
Peconic, NY 11958
Suffolk
DEC Region
1
15. Site Latitude&Longitude
41.02888299360658,-72.45328144152528
Project Details
16. This eNOI submission is for:
A construction activity not part of a common plan of development or sale in accordance
with Part I.D.1.a.
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17. Does the project type fall under Table 1 or Table 2 of Appendix B of GP-0-25-001?
If any portion of the construction activity falls under Table 2, regardless of the size
of the disturbance, select"Table 2".
Table 1
18. Consistent with Part III.B.1.c.i. of GP-0-25-001, provide a concise overview of the
project. Describe existing and proposed conditions, and include any other relevant
information.
5 Lot subdivision of 14.9 acre parcel to create 5 lots for single family dwellings with 9.3
areas reserved as open space.
Enter the total project site acreage, the acreage to be disturbed, and the future impervious
area (acreage)within the disturbed area, rounded to the nearest tenth of an acre.
19. Total Site Area (acres)
14.9
20.Total Area to be Disturbed (acres)
4.0
21. Existing Impervious Area to be Disturbed (acres)
0.0
22. Future Impervious Area Within Disturbed Area (acres)
0.5
Nature of the project:
New Construction
23. Do you plan to disturb more than 5 acres of soil at any one time?
No
24. Indicate the percentage (%)of each Hydrologic Soil Group(HSG)at the site.
A(%)
0
B (%)
100
C N
0
D(%)
0
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25. Enter the planned start and end dates of the disturbance activities.
Start Date
12/01/2026
End Date
12/01/2027
26. Identify the nearest surface waterbody(ies)to which construction site runoff will
discharge.
Richmond Creek, Upper, and tribs- 1701-0043
27. Type of waterbody identified in question 26?
Stream/Creek On Site
28. Has the surface waterbody in question 26 been identified as a 303(d)segment in
Appendix D of GP-0-25-001?
No
29. Is this project located in one of the Watersheds identified in Appendix C of GP-0-
25-001?
Yes
30. Will the project disturb soils within a State regulated wetland or the protected
100 foot adjacent area?
No
31. Does the site runoff enter a separate storm sewer system (including roadside
drains, swales, ditches, culverts, etc)?
No
32.Will future use of this site be an agricultural property as defined by the NYS
Agriculture and Markets Law?
No
33. Is this property owned by a state authority, state agency, federal government or
local government?
No
Required SWPPP Components
General SWPPP Requirements
34. Has a SWPPP been developed in conformance with the requirements in Part III„
of GP-0-25-001?
Yes
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7/31/26, 10:30 AM NYSDEC eBusiness Portal System-Construction General Permit(CGP)Electronic Notice of Intent(eNOI)GP-0-25-001.Revision 1
35. Does the SWPPP demonstrate consideration of the future physical risks due to
climate change pursuant to the CRRA, 6 NYCRR Part 490, and associated guidance
per Part III.A.2. of GP-0-25-001?
Yes
36. Has the required Erosion and Sediment Control component of the SWPPP been
developed in conformance with the current NYS Standards and Specifications for
Erosion and Sediment Control (aka Blue Book)?
Yes
SWPPP Preparer
39. The Stormwater Pollution Prevention Plan (SWPPP)was prepared by:
Professional Engineer(P.E.)
40. Name of the person who prepared the SWPPP
Andrew Stolzenberg
41. SWPPP Preparer Organization Name
ALS Engineering PLLC
42. SWPPP Preparer Contact Information
First and Last Name Phone E-mail
Andrew Stolzenberg 6317590167 andrew@alsengineers.com
43. SWPPP Preparer Address
200 Broadhollow Road, Suite 207
Melville, NY 11747
Download SWPPP Preparer Certification Form
Please take the following steps to prepare and upload your preparer certification form;
1) Click on the link below to download a blank certification form
2)The certified SWPPP preparer should sign this form
3) Upload the completed form
I wunl ad SWPPP Preparer Certification Form
44. Please upload the SWPPP Preparer Certification
cent- preparer signed. df-07/31/2026 10:16 A
Comment
NONE PROVIDED
44.a. Has the SWPPP Preparer Certification Form been signed by the SWPPP
preparer in accordance with Part VII.J of GP-0-25-001?
Yes
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Erosion & Sediment Control Criteria
45. Has a construction sequence schedule for the planned management practices
been prepared?
Yes
Other Permits
56. Identify other permits, existing and new, that are required for this project/facility.
NONE PROVIDED
57. Is this NOI for a change in owner/operator per Part I.G.?
No
MS4 SWPPP Acceptance
59.Will the construction activities be within the municipal boundary(ies)of
Traditional Land Use Control MS4 Operator(s) and discharge to the MS4(s)?
Yes
59.a.Which form is required per Part I.D.2.b.ii.?
MS4 SWPPP Acceptance Form
MS4 SWPPP Acceptance Form Download
Download the MS4 SWPPP Acceptance Form from the link below.
MS4 SWPPP Acceptance Form
60. MS4 Acceptance or No Jurisdiction Form Upload
NONE PROVIDED
Comment
NONE PROVIDED
60.a. Has the form been signed by the principal executive officer or ranking elected
official—or duly authorized representative of that person—in accordance with Part
VII.J. and submitted along with this NOI?
NONE PROVIDED
Owner/Operator Certification
Owner/Operator Certification Form Download
Download the Owner/Operator Certification Form by clicking the link below.
Owner/Operator Certification FoL a
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61. Upload Owner/Operator Certification Form
gprt-owner 5,gned.p f-07131/2026 10:1 AAM
Comment
NONE PROVDED
61.a. Has the Owner/Operator Certification Form from Appendix J been signed by
the owner/operator, or a representative of the owner/operator in accordance with
Part VII.J of GP-0-25-001 and uploaded to the eNOl?
Yes
Additional Project Information
62. Enter any additional pertinent project information in the text box below.
NONE PROVIDED
Attachments
Date Attachment Name Context User
..... ...
7/31/2026 10:18 AM cert-owner signed.pdf Attachment Andrew Stolzenberg
7/31/2026 10:18 AM cert-preparer signed.pdf Attachment Andrew Stolzenberg
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^ S ENGINEERING PLLC
Appendix D
Contractor Certification
Indian Neck Preserve/ALS 26001
Contractor Certification
Project: Indian Neck Preserve
The owner/operator shall comply with section III.A.7 of the New York State Department
of Environmental Conservation SPDES General Permit for Stormwater Discharges from
Construction Activit aP-('1-2.5- 01. Any trained individual identified in the
aforementioned section shall identify the aspects of the stormwater pollution prevention
plan for which they are responsible and certify the following statements.
A separate certification is required for each identified individual.
I from
am responsible for installing, constructing, repairing, inspecting and maintaining the
following aspects of the stormwater pollution prevention plan:
1 All Erosion & Sediment Control Devices
2.
3..
4.
1 am a trained individual in accordance with the
NYS General Permit GP-0-25-001 and certify the following statement:
"I hereby certify under penalty of law that I understand and agree to
comply with the terms and conditions of the SWPPP and agree to
implement any corrective actions identified by the qualified inspector
during a site inspection. I also understand that the owner or operator
must comply with the terms and conditions of the most current version
of the New York State Pollutant Discharge Elimination System
("SPDES") general permit for stormwater discharges from construction
activities and that it is unlawful for any person to cause or contribute to a
violation of water quality standards. Furthermore, I am aware that there
are significant penalties for submitting false information, that I do not
believe to be true, including the possibility of fine and imprisonment for
knowing violations"
Signature: Date,
Title: Company:
Address: Phone#:
atS ENGINEERING PLLC
Anpendix
MS4 Acceptance Letter
Indian Neck Preserve/ALS 26001
Department mein of
RK
e=�SYTOATE Environmental
Conservation
MIS4 SWPPP Acceptance Form
for construction activities seeking authorization under the
SPDES General Permit for Stormwater Discharges from
Construction Activity, GP-0-25-001 (CGP)
(In accordance with CGP Part I.D.2.b., the completed form must be attached to the eNO1
and submitted to NYSDEC electronically.)
I. Project Owner/Operator Information
1. Owner/Operator Name: 3375 Indian Neck LLC
2. Contact Person: Paul Pawlowski
3. Street Address: PO BOX 783
4. City/State/zip: Mattituck / New York / 11952
II. Project Site Information
5. Project/Site Name: Indian Neck Preserve
6. Street Address: 3375 Indian Neck Lane
7. City/State/zip: Peconic / New York / 11958
III. Stormwater Pollution Prevention Plan (SWPPP) Review and Acceptance Information
8. SWPPP Reviewed by:
9. Title/Position:
10. Date Final SWPPP Reviewed and Accepted,-
IV. Regulated MS4 Information
11. Name of MS4 Operator:
12. MS4 SPDES Permit Identification Number: NYR20A
13. Street Address:
14. City/State/Zip:
15. Telephone Number:
Pagel of 2
MS4 SWPPP Acceptance Form - continued
V. Certification Statement-MS4 Official (principal executive officer or ranking elected official) or
Duly Authorized Representative
I hereby certify that the final Stormwater Pollution Prevention Plan (SWPPP) for the construction project
identified in section II. of this form has been reviewed and meets the substantive requirements in the
SPDES General Permit for Stormwater Discharges from Construction Activity, GP-0-25-001 (CGP).
Note: The MS4 Operator, through the acceptance of the SWPPP, assumes no responsibility for the
accuracy and adequacy of the design included in the SWPPP. In addition, review and acceptance of
the SWPPP by the MS4 Operator does not relieve the owner/operator or their SWPPP preparer of
responsibility or liability for errors or omissions in the plan.
Printed Name':
Title/Position:
Signature.
Date:
VI.Additional Information
' Printed name of the principal executive officer or ranking elected official for the MS4 Operator or their
duly authorized representative in accordance with CGP Part VII.J.2.
(NYSDEC - MS4 SWPPP Acceptance Form -January 2025)
Page 2 of 2
'%LS ENGINEERING PLLC
Appendix F
Erosion & Sediment Control Details
Indian Neck Preserve/ALS 26001
STANDARD AND SPECIFICATIONS FOR
SIFT" FENCE
roll down. The area beyond the fence must be undis-
turbed or stabilized.
3. The type of silt fence specified for each location on the
i plan shall not exceed the maximum slope length and
maximum fence length requirements shown in the fol-
" lowing table:
Slope Len F
enceLen14 r
pe _...�.�..e paws Standard p
;u, S<2% Ste 50 lss 00/ 00 Reinforced Super
er ....
0/0 50:1 to 10:1 125/1000 2..
__- 1 _ /A
2.v� ° 50/2000 300/2500
Definition & Scope 10-20% 10:1 to 5:1 100/750 150/1000 200/1000
.
20-33% ............S I to 3:1 60/500 80/750 100/1000
A temporary barrier of geotextile fabric installed on the 33-50% 3:1 to 2:1 40/250 70/350 1 00/500
contours across a slope used to intercept sediment laden
g >50 ....... ........>2:1 20/1.2......... .._...._... -.__
runoff from small drainage areas of disturbed soil y tem- 0%b 5 30/175 50/250
porarily ponding the sediment laden runoff allowing settling ............pm...._._................................... .....................................
to occur.The maximum period of use is limited by the ul- Standard Silt Fence(SF)is fabric rolls stapled to wood-
traviolet stability of the fabric(approximately one year). en stakes driven 16 inches in the ground.
Reinforced Silt Fence(RSF)is fabric placed against
Conditions Where Practice Applies welded wire fabric with anchored steel posts driven 16
inches in the ground.
A silt fence may be used subject to the following condi- Super Silt Fence(SSF)is fabric placed against chain
tions: link fence as support backing with posts driven 3 feet in the
ground.
l. Maximum allowable slope length and fence length will
not exceed the limits shown in the Design Criteria for 4. Silt fence shall be removed as soon as the disturbed
the specific type of silt fence used; and area has achieved final stabilization.
2. Maximum pending depth of 1.5 feet behind the fence; The silt fence shall be installed in accordance with the ap-
and propriate details.Where ends of filter cloth come together,
they shall be overlapped,folded and stapled to prevent sedi-
3. Erosion would occur in the form of sheet erosion; and ment bypass.Butt joints are not acceptable.A detail of the
silt fence shall be shown on the plan. See Figure 5.30 on
4. There is no concentration of water flowing to the barn- page 5.56 for Reinforced Silt Fence as an example of details
er; and to be provided.
5. Soil conditions allow for proper keying of fabric, or
other anchorage,to prevent blowouts. Criteria for Silt Fence Materials
Design Criteria I. Silt Fence Fabric: The fabric shall meet the following
9. Design computations are not required for installations specifications unless otherwise approved by the
of 1 month or less.Longer installation periods should appropriate erosion and sediment control plan approval
be designed for expected runoff. authority. Such approval shall not constitute statewide
acceptance.
2. All silt fences shall be placed as close to the disturbed
area as possible,but at least 10 feet from the toe of a
slope steeper than 3H:IV,to allow for maintenance and
November 2016 Page 5.54 New York State Standards and Specifica-
tions For Erosion and Sediment Control
......... Super Silt Fence
Minimum
Fabric Properties Acceptable Test Method
Value
Grab Tensile Strength(lbs) 110 ASTM D 4632
--------------
Elongation at Failure 20 ASTM D 4632
.......................
Mullen Burst Strength 300 ASTM D 3786
(PSI)
Puncture Strength(lbs) 60 ASTM D 4833
- ................_ ............ .......................
Minimum Trapezoidal 50 ASTM D 4533
Tear Strength(lbs)
.................... .......................
Flow Through Rate(gal/ 25 ASTM D 4491
min/sf)
..........
Equivalent Opening Size 40-80 US Std Sieve
ASTM D 4751
..................................
Minimum UV Residual 70 ASTM D 4355
.................................................. ..........
2. Fence Posts(for fabricated units): The length shall be
a minimum of 36 inches long. Wood posts will be of
sound quality hardwood with a minimum cross section-
al area of 3.5 square inches. Steel posts will be stand-
ard T and U section weighing not less than 1.00 pound
per linear foot.Posts for super silt fence shall be stand-
ard chain link fence posts.
I Wire Fence for reinforced silt fence: Wire fencing
shall be a minimum 14 gage with a maximum 6 in.
mesh opening,or as approved.
4. Prefabricated silt fence is acceptable as long as all ma-
terial specifications are met.
Reinforced Silt Fence
...........................
New York State Standards and Specifications Page 5.55 November 2016
For Erosion and Sediment Control
Figure 5.30
Reinforced Silt Fence
WOVEN VW FENCE SYMBOL
04IN. 1 .GE
-V!' MAX. 6* MESH
� 10' MA)L C. TO C. CIN )
-
361 MIK LENGTH FENCE
® POSTS DRIVEN HIK 16
,71 INTO GROUND.
77-71
HEIGHT OF FILTER
N� y, 181 MIN,
xT' 1F r
.614 mix
f�
' MIN. FENCE POST
WOVEN MIRE FENCE (MIK. 14
GAUGE W! MAX, 6' MESH
SPACING) WITH FILTER' CLOTH 2�'FLIFL
FLIT"
UNDISTURlED GROUND
COMPACTED SOIL m,
EMBED FILTER CLOTH
A MIN. OF 60 IN GROUND.
CONSTRUCTION SPECIFICATIONS
1. WOVEN WIRE FENCE TO DE FASTENED SECURELY TO 'FENCE POSTS WITH' WIRE TIES
OR STAPLES POSTS SHALL BE STEEL EITKR 'T' OR 'U' TYPE OR HARRV0,011.
2. FILTER CL11TH TO FASTENED SECURELY TO WOVEN WIRE FENCE WITH TIES
SPACED EVERY 24' AT TOP AND MID SECTION, FENCE SHALL BE WOVEN MIRE,
6' MAXIMUM MESH OPENING.
a WHEN TWO SECTIONIS OF FILTER CLOTH ADJOIN EACH OTHER THEY SHALL. BE OVER—
LAPPED qBY SIX INCHES ANI)��Fy FOLDED. FILTER CLOTH ALL BE EITHER FILTER Sa
MIRAF'I 1D4Sa STA__ INKA TI ON, OR OVED E�IVALENT.
4. PREFABRICATED UNITS SHALL MCICT THE KINIMUM REQUIREMENTS SHOWN..,
5L MAINTENANCE SHALL BE PERFORMED AS NEEDED AND MATERIAL REMOVE111 V14EN
'BULGES, DEVELOP IN THE SILT FENCEF
AI3APTED FROM DETAIL'S PROVIDED 1IYr USDA CSa —
NCW YORK STATC DEPARTMENT CF TRANSPORTATION. REINFORCED
NEW YORK STATE ]DEPARTMENT [IF ENVIRDNMENTAL CUNSERVATION, SILT FENCE
NEW YMK STATE SOIL i WATER CONSERVATIrM CIOMCTTEE
j
November 2016 Page 5.56 New York State Standards and Specifica-
tions For Erosion and Sediment Control
STANDARD AND SPECIFICATIONS FOR
STORM DRAIN INLET PROTECTION
drainage area tributary to the inlet. The crest elevations of
these practices shall provide storage and minimize bypass
flow.
Type I—Excavated Drop Inlet Protection
This practice is generally used during initial overlot grading
after the storm drain trunk line is installed.
Limit the drainage area to the inlet device to 1 acre. Exca-
vated side slopes shall be no steeper than 2:1. The mini-
mum depth shall be 1 foot and the maximum depth 2 feet as
measured from the crest of the inlet structure. Shape the
excavated basin to fit conditions with the longest dimension
oriented toward the longest inflow area to provide maxi-
Derinition & Scope Scofte mum trap efficiency. The capacity of the excavated basin
should be established to contain 900 cubic feet per acre of
A temporary barrier with low permeability,installed around disturbed area. Weep holes,protected by fabric and stone,
inlets in the form of a fence,berm or excavation around an should be provided for draining the temporary pool.
opening,detaining water and thereby reducing the sediment
content of sediment laden water by settling thus preventing Inspect and clean the excavated basin after every storm.
heavily sediment laden water from entering a storm drain Sediment should be removed when 50 percent of the stor-
system. age volume is achieved This material should be incorpo-
rated into the site in a stabilized manner.
Conditions Where Practice Applies
Type II—Fabric Drop Inlet Protection
This practice shall be used where the drainage area to an
inlet is disturbed,it is not possible to temporarily divert the
storm drain outfall into a trapping device,and watertight
blocking of inlets is not advisable. It is not to be used in
�� � /19�W���y J�411illiihilill�I IOim it i r i lino il4�b w' µ��"! 'iif� J /:
lace of sediment trapping devices.This practice shall
be used with an upstream buffer strip if placed at a storm
dram inlet on a paved surface. It may be used in conjunction
with storm drain diversion to help prevent siltation of pipes
installed with low slope angle.
Types of Storm Drain Inlet Practices
There are five(5)specific types of storm drain inlet protec-
tion practices that vary according to their function, location,
drainage area,and availability of materials:
I. Excavated Drop Inlet Protection This practice is generally used during final elevation grad-
II. Fabric Drop Inlet Protection ing phases after the storm drain system is completed.
III. Stone&Block Drop Inlet Protection
IV. Paved Surface Inlet Protection Limit the drainage area to 1 acre per inlet device. Land area
V. Manufactured Insert Inlet Protection slope immediately surrounding this device should not ex-
ceed 1 percent. The maximum height of the fabric above
Design Criteria the inlet crest shall not exceed 1.5 feet unless reinforced.
Drainage Area—The drainage area for storm drain inlets The top of the barrier should be maintained to allow over-
shall not exceed one acre. Erosion control/temporary stabi- flow to drop into the drop inlet and not bypass the inlet to
lization measures must be implemented on the disturbed
New York State Standards and Specifications Page 5.57 November 2016
For Erosion and Sediment Control
unprotected lower areas. Support stakes for fabric shall be materials and any unstable soil and dispose of properly.
a minimum of 3 feet long, spaced a maximum 3 feet apart.
They should be driven close to the inlet so any overflow Bring the disturbed area to proper grade, smooth,compact
drops into the inlet and not on the unprotected soil. Im- and stabilize in a manner appropriate to the site.
proved performance and sediment storage volume can be
Type IV—Paved Surface Inlet Protection
obtained by excavating the area.
Inspect the fabric barrier after each rain event and make
repairs as needed. Remove sediment from the pool area as
necessary with care not to undercut or damage the filter
fabric. Upon stabilization of the drainage area,remove all
materials and unstable sediment and dispose of properly.
Bring the adjacent area of the drop inlet to grade, smooth
and compact and stabilize in the appropriate manner to the
site.
Type III—Stone and Block Drop Inlet Protection � t
This practice is generally used during the initial and inter-
mediate overlot grading of a construction site.
Limit the drainage area to 1 acre at the drop inlet. The
stone barrier should have a minimum height of 1 foot and a
maximum height of 2 feet. Do not use mortar. The height
should be limited to prevent excess ponding and bypass
flow. This practice is generally used after pavement construction
has been done while final grading and soil stabilization is
Recess the first course of blocks at least 2 inches below the occurring. These practices should be used with upstream
crest opening of the storm drain for lateral support. Subse- buffer strips in linear construction applications,and with
quent courses can be supported laterally if needed by plac- temporary surface stabilization for overlot areas,to reduce
ing a 2x4 inch wood stud through the block openings per- the sediment load at the practice.This practice includes
pendicular to the course. The bottom row should have a sand bags,compost filter socks,geo-tubes filled with bal-
few blocks oriented so flow can drain through the block to last,and manufactured surface barriers. Pea gravel can also
dewater the basin area. be used in conjunction with these practices to improve per-
formance. When the inlet is not at a low point,and is off-
The stone should be placed just below the top of the blocks set from the pavement or gutter line,protection should be
on slopes of 2:1 or flatter. Place hardware cloth of wire selected and installed so that flows are not diverted around
mesh with`/2 inch openings over all block openings to hold the inlet.
stone in place.
As an optional design,the concrete blocks may be omitted
and the entire structure constructed of stone,ringing the
outlet("doughnut ). The stone should be kept at a 3:1 slope
toward the inlet to keep it from being washed into the inlet.
A level area 1 foot wide and four inches below the crest will
further prevent wash. Stone on the slope toward the inlet
should be at least 3 inches in size for stability and 1 inch or
smaller away from the inlet to control flow rate. The eleva-
tion of the top of the stone crest must be maintained 6 inch-
es lower than the ground elevation down slope from the
inlet to ensure that all storm flows pass over the stone into
the storm drain and not past the structure. Temporary dik-
ing should be used as necessary to prevent bypass flow.
��;�illll
The barrier should be inspected after each rain event and
repairs made where needed. Remove sediment as necessary
to provide for accurate storage volume for subsequent rains.
Upon stabilization of contributing drainage area,remove all
November 2016 Page 5.58 New York State Standards and Specifica-
tions For Erosion and Sediment Control
The drainage area should be limited to 1 acre at the drain
inlet. All practices will be placed at the inlet perimeter or
beyond to maximize the flow capacity of the inlet. Practices
Shall be weighted,braced,tied,or otherwise anchored to
prevent movement or shifting of location on paved surfaces.
Traffic safety shall be integrated with the use of this prac-
tice.All practices should be marked with traffic safety
cones as appropriate. Structure height shall not cause flood-
ing or by-pass flow that would cause additional erosion.
The structure should be inspected after every storm event.
Any sediment should be removed and disposed of on the
site. Any broken or damaged components should be re-
placed. Check all materials for proper anchorage and se-
cure as necessary.
Type V-Manufactured Insert Inlet Protection
r"
The drainage area shall be limited to 1 acre at the drain in-
let.All inserts will be installed and anchored in accordance
with the manufacturers recommendations and design de-
tails.The fabric portion of the structure will equal or exceed
the performance standard for the silt fence fabric. The in-
serts will be installed to preserve a minimum of 50 percent
of the open,unobstructed design flow area of the storm
drain inlet opening to maintain capacity for storm events.
New York State Standards and Specifications Page 5.59 November 2016
For Erosion and Sediment Control
Figure 5.31
Excavated Drop Inlet Protection
SYMBOL
FLOW
FLOW M
Xf
/0,
FLiaw FLOW
EXCAVATED AREA (AS REQUIRED)
TIME SLOP 211"
1Pw�_
EXCAVATED
y,NEPTFI MINL 1 V WEER HOLLES 'GRAVEL SUPPORTED BY
A MAX. 21 BELL' F
NDWARE CLOTH TO
TOP or INLET. DEWATERING ALLOW DRAINAGE AND
t RESTRICT SEDIMENT
MOVEMENT.
1, CLEAR THE AREA OF ALL DEBIRIS THAT WILL HINDER E CA "'AT1
a GRADE APPROACH!, M THE MET UNIFORMLY AROUND THE, DAS
B, WEER' HOLES, SHALL DE PROTECTED BY GRAVEL.
FILEAII VIGRADE,'AREA, S VEEP HOLES,
L EXCAVATION rM STABLE SOIL To
AET IT PROPERLY
AND STABILIZE VITH PERMANENT SEEDING%
MAXIMUM DRAINAGE AREA I ACRE
ADAPTED FROM DETAILS IPPMVIDED n USDA - NRC&
NET YORK STATE DEPARTMENT OF TRANSPORTATION, EXCAVATED DROP
V YORK STATE DEPARTMENT OF ENVIRONMENTAL CONURVATUKINLET PROTECTION'l ""wA YORK STATE SO N N DL & WATER CSERVATMN COMMITTEE
November 2016 Page 5.60 New York State Standards and Specifica-
tions For Erosion and Sediment Control
Figure 5.32
Fabric Drop Inlet Protection
SYMBOL
I.5` MAX. FABRIC
WK
DRDP
i
INLET BURIEII FABRIC (12'
WITH T'E Bf=L V GRADE)
FRAME
7-11111
f .
� MI
�^ ,e` DRIVE STAKES
A MIN. OF 18'
RATHER EXCESS
j j BELOv GRADE
AT EURNERS
CONSTRUCTION SPECIFICATIONS
L FABRIC SHALL HAVE AN EOS (IF 40-05, BURLAP MAY
BE USED FUR SHORT TERM APPLICATI &
P. CUT FABRIC FROM A CONTINUOUS L TO ELIMINATE JOIFNTS. IF
JOINTS DEEDED THEY WILL. BE OVERLAPPED TO THE NEXT STANCE.
R w NW L E TAMPTN r T. "�IGQD OR ER I,\IA1. T.
4. SPACE STAKES EVENLY AROUND INLET 3 FEET APART AND DRIVE A
I T GUINCH
� W& MES14 T R THAN
FACKD
T
IGAFI7. . SUP'09
N'A IC ��L EMSE�ED L FOOT MINIMUM BELOW GROUND AND
A FILLED, IT SMALL SE URELY FASTENED T® THE STAKES AND FRAME,
C A 2` x 4' WOOD FRAME SHALL BE COMPLETED AROUND THE CREST
THE FABRIC FOR OVER FLOW STABILITY.
H&XIMUM DRAINAGE AREA I ACRC
TED FWN DETAILS PROVIMED BY, USIM - NRCS, FABRIC
NEW YORK STATE DEPARTWNT OF TP.AN&PMTATMN,
NEW YMW STIiTE "AR T QF ENVIRONME AL CONSER'VAT1_ , DROP INLET
NEV YORK STATE $131L L WATER CUNSE1RVATIIIN COMMITTEE P'R O T EC T I
New York State Standards and Specifications Page 5.61 November 2016
For Erosion and Sediment Control
Figure 5.33
Stone & Block Drop Inlet Protection
CR'ETE BLOCK SYMBOL
WATERIN Niu �w w u
��. 24 SLOPE
". GRAVEL FILTER
TEMPORARY
SEDIMENT P SC RE DEVATERING
6'
214AY. o
DROP INLET
W[TH GATE
SEDMENT
TEMP
_,,=SEDINENT POOL
1FI11 �{I SL SH
31 SL (OPTIMAL)
L)
A ,
FINE EL FACE.
(IdTHICKNESS)
a" ST OME
A
1, LA'S ONE BLOCK EACH SIDE OF THE, ON ITS SIE FOR DEWATERI
F IIATION SHALL DE 2 INCHES KI IIHUN BELOW REST OF INLET AND BLOCKS
,SHALL BE PLAID AGAINST INLET FOR SUPPORT.
T.
2. HARDWARE: CLU H OR 1/2' WIRE MESH SHALL BE PLACED OVER BLOCK OPENINGS
TO SUPPORT STONE.
a USE CLEAN STDW DR GRAVEL 1/2-5/4 INCH IN DI TER PLACED 2' INCHES: 1 ELOV
TOP OF THE BLOCK A ZI SLOPE OR FLATTER.
4. FOR STONE STRUCTURES ONLY, A I FMT THICK LAYER OF THE FILTER STME WILL
BE PLACED AGAINST THE 3 INCH STONE AS SHOWN ON THE DRAVINGS,
MAXIM401 .DRAINAGE AREA I ACRE
ADAP'Ta rRm DETAAs PRUIvIDED BYi UM s, STONE & BLOCK
NEW YORK $TATE KPARTMENT GF TRANSPENTATION, DROP INLET
NEW YORK STATE DEPARTHENT OF 0MRONMENTAL €RVATI
NEW ORK STATE S121L s WATER CONSERVATM COMMITTEE PROTECTi IOC
November 2016 Page 5.62 New York State Standards and Specifica-
tions For Erosion and Sediment Control
Y
STANDARD AND SPECIFICATIONS FOR
CONCRETE TRUCK WASHOUT
leaching of liquids into the ground.The liner shall be plastic
sheeting with a minimum thickness of 10 mils with no holes
or tears,and anchored beyond the top of the pit with an
earthen berm,sand bags,stone,or other structural
appurtenance except at the access point.
J1 ;j f
r Ali;
If pre-fabricated washouts are used they must ensure the
capture and containment of the concrete wash and be sized
based on the expected frequency of concrete pours.They
shall be sited as noted in the location criteria.
Maintenance
* All concrete washout facilities shall be inspected daily.
Damaged or leaking facilities shall be deactivated and
repaired or replaced immediately. Excess rainwater that
has accumulated over hardened concrete should be
Definition & Scope pumped to a stabilized area,such as a grass filter strip.
• Accumulated hardened material shall be removed when
A temporary excavated or above ground lined constructed pit 75%of the storage capacity of the structure is filled. Any
where concrete truck mixers and equipment can be washed excess wash water shall be pumped into a containment
after their loads have been discharged,to prevent highly vessel and properly disposed of off site.
alkaline runoff from entering storm drainage systems or * Dispose of the hardened material off-site in a
leaching into soil. construction/demolition landfill. On-site disposal may be
Conditions Where Practice Applies allowed if this has been approved and accepted as part of
the projects SWPPP.In that case,the material should be
Washout facilities shall be provided for every project where recycled as specified,or buried and covered with a
concrete will be poured or otherwise formed on the site.This minimum of 2 feet of clean compacted earthfill that is
facility will receive highly alkaline wash water from the permanently stabilized to prevent erosion.
cleaning of chutes,mixers,hoppers,vibrators,placing * The plastic liner shall be replaced with each cleaning of
equipment,trowels,and screeds.Under no circumstances will the washout facility.
wash water from these operations be allowed to infiltrate into * Inspect the project site frequently to ensure that no
the soil or enter surface waters. concrete discharges are taking place in non-designated
areas.
Design Criteria
Capacity: The washout facility should be sized to
contain solids,wash water,and rainfall and sized to
allow for the evaporation of the wash water and
rainfall.Wash water shall be estimated at 7 gallons
per chute and 50 gallons per hopper of the concrete
pump truck and/or discharging drum. The minimum
size shall be 8 feet by 8 feet at the bottom and 2 feet
deep. If excavated,the side slopes shall be 2
horizontal to 1 vertical.
Location: Locate the facility a minimum of 100 feet from
drainage swales,storm drain inlets,wetlands,streams and
other surface waters.Prevent surface water from entering the
structure except for the access road.Provide appropriate
access with a gravel access road sloped down to the structure.
Signs shall be placed to direct drivers to the facility after their
load is discharged.
Liner: All washout facilities will be lined to prevent
November 2016 Page 2.24 New York State Standards and Specifications
For Erosion and Sediment Control
STANDARD AND SPECIFICATIONS FOR
DUST CONTROL
dust control(see Section 3).
Mulch(including gravel mulch)—Mulch offers a fast
effective means of controlling dust. This can also
include rolled erosion control blankets.
Spray adhesives—These are products generally
' composed of polymers in a liquid or solid form that are
11104
mixed with water to form an emulsion that is sprayed
on the soil surface with typical hydroseeding
equipment. The mixing ratios and application rates will
be in accordance with the manufacturer's
recommendations for the specific soils on the site.In no
,;�,1✓��x �� 1 �,Oj,'y��i"; case should the application of these adhesives be made
on wet soils or if there is a probability of precipitation
within 48 hours of its proposed use. Material Safety
' Data Sheets will be provided to all applicators and
Definition & Scope others working with the material.
The control of dust resulting from land-disturbing activities, B. Driving Areas—These areas utilize water,polymer
prevent surface and air movement of dust from disturbed emulsions, and barriers to prevent dust movement
to
P from the traffic surface into the air.
soil surfaces that may cause off-site damage,health hazards,
and traffic safety problems. Sprinkling—The site may be sprayed with water
until the surface is wet. This is especially effective
Conditions Where Practice Applies on haul roads and access route to provide short term
limited dust control.
On construction roads, access points, and other disturbed
areas subject to surface dust movement and dust blowing Polymer Additives These polymers are mixed with
t
where off-site damage may occur if dust is not controlled. water and applied to the driving surface by a water
truck with a gravity feed drip bar,spray bar or
automated distributor truck. The mixing ratios and
Desi n Criteria application rates will be in accordance with the
manufacturer's recommendations.Incorporation of
Construction operations should be scheduled to the emulsion into the soil will be done to
minimize the amount of area disturbed at one time. the appropriate depth based on expected traffic.
Buffer areas of vegetation should be left where practical. Compaction after incorporation will be by vibratory
Temporary or permanent stabilization measures shall be roller to a minimum of 95%. The prepared surface
installed. No specific design criteria is given; see shall be moist and no application of the polymer will
constructions specifications below for common methods of be made if there is a probability of precipitation within
p 48 hours of its proposed use.Material Safety Data
dust control. Sheets will be provided to all applicators working with
the material.
Water quality must be considered when materials are
selected for dust control. Where there is a potential for the Barriers—Woven geo-textiles can be placed on the
material to wash off to a stream, ingredient information driving surface to effectively reduce dust throw and
must be provided to the NYSDEC. particle migration on haul roads. Stone can also be
used for construction roads for effective dust control.
No polymer application shall take place without written Windbreak—A silt fence or similar barrier can
approval from the NYSDEC. control air currents at intervals equal to ten times the
barrier height. Preserve existing wind barrier
Construction Specifications vegetation as much as practical.
A. Non-driving Areas—These areas use products and Maintenance
materials applied or placed on soil surfaces to prevent
airborne migration of soil particles. Maintain dust control measures through dry weather
periods until all disturbed areas are stabilized.
Vegetative Cover—For disturbed areas not subject to
traffic,vegetation provides the most practical method of
New York State Standards and Specifications Page 2.25 November 2016
For Erosion and Sediment Control
STANDARD AND SPECIFICATIONS FOR
PROTECTING VEGETAriON DURING CONSTRUCTION
recommendations made for the vegetation to be
7` saved. Minor adjustments in location of roads,
dwellings,and utilities may be needed.
Construction on steep slopes,erodible soils,
w I !to wetlands,and streams should be avoided.
Clearing limits should be delineated(See
"Determine Limits of Clearing and Grading"on
page 2.2).
2) Areas to be seeded and planted should be
identified. Remaining vegetation should blend
with their surroundings and/or provide special
function such as a filter strip,buffer zone, or
screen.
3) Trees and shrubs of special seasonal interest,
such as flowering dogwood,red maple, striped
maple, serviceberry,or shadbush, and valuable
Definition & Scope potential shade trees should be identified and
marked for special protective treatment as
The protection of trees, shrubs,ground cover and other appropriate.
vegetation from damage by construction equipment. In 4) Trees to be cut should be marked on the plans.
order to preserve existing vegetation determined to be If timber can be removed for salable products,a
important for soil erosion control,water quality forester should be consulted for marketing advice.
protection, shade, screening,buffers,wildlife habitat,
wetland protection,and other values. 5) Trees that may become a hazard to people,
personal property,or utilities should be removed.
These include trees that are weak-wooded,
Conditions Where Practices Anides disease-prone,subject to windthrow,or those that
have severely damaged root systems.
On planned construction sites where valued vegetation
exists and needs to be preserved. 6) The vigor of remaining trees may be improved
by a selective thinning. A forester should be
Desipan Criteria consulted for implementing this practice.
1. Planning Considerations 2. Measures to Protect Vegetation
A. Limit soil placement over existing tree and shrub
A. Inventory: roots to a maximum of 3 inches. Soils with loamy
texture and good structure should be used.
1) Property boundaries,topography,vegetation and
soils information should be gathered. Identify B. Use retaining walls and terraces to protect roots of
potentially high erosion areas, areas with tree trees and shrubs when grades are lowered. Lowered
windthrow potential, etc. A vegetative cover type grades should start no closer than the dripline of the
map should be made on a copy of a topographic tree. For narrow-canopied trees and shrubs,the stem
map which shows other natural and manmade diameter in inches is converted to feet and doubled,
features. Vegetation that is desirable to preserve such that a 10 inch tree should be protected to 20 feet.
because of its value for screening, shade, critical
erosion control,endangered species,aesthetics,etc., C. Trenching across tree root systems should be the
should be identified and marked on the map. same minimum distance from the trunk, as in`B".
Tunnels under root systems for underground utilities
2) Based upon this data,general statements should should start 18 inches or deeper below the normal
be prepared about the present condition,potential ground surface. Tree roots which must be severed
problem areas, and unique features of the property. should be cut clean. Backfill material that will be in
contact with the roots should be topsoil or a prepared
B. Planning: planting soil mixture.
1) After engineering plans(plot maps)are prepared, D. Construct sturdy fences, or barriers,of wood,
another field review should take place and steel,or other protective material around valuable
November 2016 Page 2.26 New York State Standards and Specifications
For Erosion and Sediment Control
vegetation for protection from construction
equipment. Place barriers far enough away from
trees,but not less than the specifications in'B", so
that tall equipment such as backhoes and dump trucks
do not contact tree branches.
E. Construction limits should be identified and
clearly marked to exclude equipment.
F. Avoid spills of oil/gas and other contaminants.
G. Obstructive and broken branches should be pruned
properly. The branch collar on all branches whether
living or dead should not be damaged. The 3 or 4 cut
method should be used on all branches larger than two
inches at the cut. First cut about one-third the way
through the underside of the limb(about 6-12 inches
from the tree trunk). Then(approximately an inch
further out)make a second cut through the limb from
the upper side. When the branch is removed,there is
no splintering of the main tree trunk.Remove the
stub. If the branch is larger than 5-6 inches in
diameter,use the four cut system. Cuts 1 and 2
remain the same and cut 3 should be from the
underside of the limb,on the outside of the branch
collar. Cut 4 should be from the top and in alignment
with the 3rd cut. Cut 3 should be 1/4 to 1/3 the way
through the limb. This will prevent the bark from
peeling down the trunk. Do not paint the cut surface.
H. Penalties for damage to valuable trees, shrubs, and
herbaceous plants should be clearly spelled out in the
contract.
PROTECTING TREES IN HEAVY USE AREA
The compaction of soil over the roots of trees avid shrubs by
the trampling of recreationists,vehicular traffic,etc.,reduces
oxygen,water,and nutrient uptake by feeder roots. This
weakens and may eventually kill the plants. Table 2.6 rates
the"Susceptibility of Tree Species to Compaction."
Where heavy compaction is anticipated,apply and maintain
a 3 to 4 inch layer of undecayed wood chips or 2 inches of
No.2 washed,crushed gravel. In addition,use of a wooden
or plastic mat may be used to lessen compaction,if
applicable.
New York State Standards and Specifications Page 2.27 November 2016
For Erosion and Sediment Control
Table 2.6
Susceptibility of Tree Species to Compaction'
Resistant:
Box elder.................. Acer negundo Willows..................... Salix spp.
Green ash................. Fraxinus pennsylvanica Honey locust............... Gleditsia triacanthos
Red elm.................... Ulmus rubra Eastern cottonwood.,..,.. Populus deltoides
Hawthomes............... Crataegus spp. Swamp white oak........... Quercus bicolor
Bur oak................„.„„ Quercus macrocarpa Hophornbeam...............Ostrya virginiana
Northern white cedar..... Thuja occidentalis
Intermediate:
Red maple................. Acer rubrum Sweetgum............,...... Liquidambarstyraciflua
Silver maple.............. Acer saccharinum Norway maple.........„... Acer platanoides
Hackberry................ Celtis occidentalis Shagbark hickory.,...„..... Carya ovata
Black gum............... Nyssa sylvatica London plane........„..... Platanus x hybrida
Red oak.................. Quercus rubra Pin oak............ Quercus palustris
Basswood................ Tilia americana
Susceptible:
Sugar maple„.....„.„....... Acer saccharum Austrian Pine....,.........,.... Pinus nigra
White pine..........„„...... Pinus strobus White ash........,............ Fraxinus americana
Blue spruce.„„,..„.......... Piceapungens Paper birch.......,.„.„...,, Betulapaj�yr�fera
White oak.................. Quercus alba Moutain ash.....„„......, Sorbus aucuparia
Red pine....„..„.....„.,.... Pinus resinosa Japanese maple„........... Acer palmatum
1 If a tree species does not appear on the list,insufficient information is available to rate it for this purpose.
November 2016 Page 2.28 New York State Standards and Specifications
For Erosion and Sediment Control
STANDARD AND SPECIFICATIONS FOR
SITE POLLUTION PREVENTION
h�M� I tl4� Y a
vAIvY r'
i
Definition & Scop
A collection of management practices intended to control pollutants and contamination of groundwater and
non-sediment pollutants associated with construction surface waters.
activities to prevent the generation of pollutants due to
improper handling,storage,and spills and prevent the 5. Develop and implement a spill prevention and
movement of toxic substances from the site into surface control plan. The plan should include NYSDEC's
waters. spill reporting and initial notification requirements.
Conditions Where Practice Applies 6. Provide adequate disposal for solid waste including
woody debris,stumps,and other construction waste
On all construction constr~uct.ion sitcs where the carth disturbance exceeds and include these methods and directions in the
0'10 se➢ rar.e feet and involves es the use of fertilizers, construction details on the site construction drawings.
pesticides,petro➢cu n based chemica➢s, fuels and'➢ubricants, Fill,woody debris,stumps and construction waste
as well as sealers,paints,cleared woody vegetation,garbage, shall not be placed in regulated wetlands,streams or
and sanitary wastes. other surface waters.
Desi rt'i Criteria 7. Distribute or post informational material regarding
proper handling,spill response,spill kit location,and
The variety of pollutants on a particular site and the severity emergency actions to be taken,to all construction
of their impacts depend on factors such as the nature of the personnel.
construction activity,the physical characteristics of the
construction site, and the proximity of water bodies and g•Refueling equipment shall be located at least 100
conveyances to the pollutant source. feet from all wetlands,streams and other surface
waters.
1. All state and federal regulations shall be followed for �w
the storage,handling,application,usage,and disposal of
pesticides,fertilizers, and petroleum products.
2. Vehicle and construction equipment staging and
maintenance areas will be located away from all I �f
drainage ways with their parking areas graded so the
runoff from these areas is collected, contained and
treated prior to discharge from the site.
3. Provide sanitary facilities for on-site personnel.
nnel. 11
�1.
i
4. Store,cover,and isolate construction materials °
including topsoil,and chemicals,to prevent runoff of f
New York State Standards and Specifications Page 2.29 November 2016
For Erosion and Sediment Control
STANDARD AND SPECIFICATIONS FOR
STABILIZED CONSTRUCTION ACCESS
inert to commonly encountered chemicals,hydro-carbons,
mildew,rot resistant,and conform to the fabric properties as
shown:
Light Duty' Heavy Duty2
Fabric Proper- Roads Haul Roads Test Meth-
ties' Grade Sub- od
grade Rough Graded
` Grab Tensile ASTM
Strength(lbs) 200 220 D1682
Elongation at ASTM
11 �,
50 60
l o Failure(%) D1682
r
Mullen Burst ASTM
Strength(lbs) 190 430 D3786
Definition & Scope Puncture 40 125 ASTM D751
Strength(lbs) Modified
A stabilized pad of aggregate underlain with geotextile located Equivalent 40-80 40-80 US Std
at any point where traffic will be entering or leaving a Sieve
construction site to or from a public right-of-way,street,alley,
sidewalk,or parking area. The purpose of stabilized Opening Size CW-02215
construction access is to reduce or eliminate the tracking of
sediment onto public rights-of-way or streets. Aggregate 6 10
Depth
Conditions Where Practice Applies Light Duty Road: Area sites that have been graded to subgrade and
where most travel would be single axle vehicles and an occasional multi-
A stabilized construction access shall be used at all points of axle truck. Acceptable materials are Trevira Spunbond 1115,Mirafi
1
construction ingress and egress. 00X,Typar 3401,or equivalent.
2Heavy Duty Road: Area sites with only rough grading,and where most
Design Criteria travel would be multi-axle vehicles. Acceptable materials are Trevira
Spunbond 1135,Mirafi 600X,or equivalent.
See Figure 2.1 on page 2.31 for details. ,
Fabrics not meeting these specifications may be used only when design
Aggregate Size' Use a matrix of 1-4 inch stone,or procedure and supporting documentation are supplied to determine ag-
reclaimed or recycled concrete equivalent. gregate depth and fabric strength.
Thickness: Not less than six(6)inches. Maintenance
Width: 12-foot minimum but not less than the full width of The access shall be maintained in a condition which will
points where ingress or egress occurs. 24-foot minimum if prevent tracking of sediment onto public rights-of-way or
there is only one access to the site. streets. This may require periodic top dressing with
additional aggregate. All sediment spilled,dropped,or
Length: As required,but not less than 50 feet (except on a washed onto public rights-of-way must be removed
single residence lot where a 30 foot minimum would apply). immediately.
Geotextile: To be placed over the entire area to be covered When necessary,wheels must be cleaned to remove
with aggregate. Filter cloth will not be required on a single- sediment prior to entrance onto public rights-of-way. When
family residence lot. Piping of surface water under entrance washing is required,it shall be done on an area stabilized
shall be provided as required. If piping is impossible,a with aggregate,which drains into an approved sediment-
mountable berm with 5:1 slopes will be permitted. trapping device. All sediment shall be prevented from
entering storm drains,ditches,or watercourses.
Criteria for Geotextile: The geotextile shall be woven or
nonwoven fabric consisting only of continuous chain
polymeric filaments or yarns of polyester. The fabric shall be
November 2016 Page 2.30 New York State Standards and Specifications
For Erosion and Sediment Control
Figure 2.1
Stabilized Construction Access
SYMBOL
;ZIEXISTING
PAVEMENT
EXISTING
FILTER M(CIPTIUN LE BERM
GROUNDCLMM MULE
HIS
1WMI 4,
EXISTING
GROUND
le, Irk. III"I 1EXIS71MG
PAVEMENT
RL -
CONSTRUCTION SPECIFICATITUINS
1. STONE SIZE — USE 1-4 INCH STIONE, 13R RECLAIMEDE 'YCCONCRETE
EQUIVALENT.
® LENGTH - NOT LESS THAN 5o rEET T ON A SINGLERESIDENCE L
30 FOOT MINIMUM LENGTH WO1JLD APPLY).
Y ICK - NOT LESS THAN! S ) INC
4. WIDTH TWELVE 1MINIMUM. BUT NOT LESS THAN THE FULL WI T
POINTS HER T TY U T IF SINGLE
ENTRANCE, TO SITE.
T TIL - WILL BE PLACEDV THE ENTIRE AREA PRIOR' T13 PLACIWj OF STONE
6,- SURFACE WATER - ALL SURFACE WATER FLOWING M DIVERTED TOWARD CIIN-
STRUCTION ACCESSL BE PIPED BENEATH THE ENTRANCE. IF PIPING, I
IMPRACTICAL, T L ITH L HE PERMITTED.
7_ MAINTENANCE - THE T SHALL BE KA114TAINED IN A CONDITION H 1 ILL
PREVENT TRACKING OR FLOWING OF SEDIMENT ONTO PUBLIC RIGHTS-OF-WAY, ALL
SEDIMENT SPILLED, DROPPED, WASHED III TRACKED ONTO PUBLICI H = Y
UST REM VED IMMEDIATELY.
8. WHEN WASHING IS RECKJIRED, IT SHALL BE DONE ON A AREA STABILIZEDWITH STONE
WHICHAND I IINTO AN APPROVED SEDIMENT TRAPPING, VI
PERIODIC9. INSPECTION NEEDED MAINTENANCEL BE PROVIDEDT H
RAIN.
ADAPTED FROM METAILSVIDE Y+ US - NACS, STABILIZED
NEW YORK STATE 11"APTMCN7 _ TRANSPORTATION,
NEW YORK STATE DEPARTMENT (IF ERVIRDNMENTAL CIINSERVATIDN, CONSTRUCTION
NEV YORK STATE SOIL & VATM. VATICD"TTM ACCESS
New York State Standards and Specifications Page 2.31 November 2016
For Erosion and Sediment Control
STANDARD AND SPECIFICATIONS FOR
LANDGRADING
damage slopes or other graded areas;see standards and
specifications for Grassed Waterway,Diversion,or
Grade Stabilization Structure.
2. Cut and fill slopes that are to be stabilized with grasses
shall not be steeper than 2:1. When slopes exceed 2:1,
special design and stabilization consideration are
required and shall be adequately shown on the plans.
(Note: Where the slope is to be mowed,the slope
should be no steeper than 3:1,although 4:1 is preferred
because of safety factors related to mowing steep
slopes.)
3. Reverse slope benches or diversion shall be provided
whenever the vertical interval(height)of any 2:1 slope
exceeds 20 feet;for 3:1 slope it shall be increased to 30
Definition & Scop feet and for 4:1 to 40 feet. Benches shall be located to
divide the slope face as equally as possible and shall
Permanent reshaping of the existing land surface by convey the water to a stable outlet. Soils, seeps,rock
grading in accordance with an engineering topographic plan outcrops,etc.,shall also be taken into consideration
and specification to provide for erosion control and when designing benches.
vegetative establishment on disturbed,reshaped areas.
A. Benches shall be a minimum of six feet wide to
DCriteria
,� tl provide for ease of maintenance.
The grading plan should be based upon the incorporation of B. Benches shall be designed with a reverse slope of
6:1 or flatter to the toe of the upper slope and with
building designs and street layouts that fit and utilize a minimum of one foot in depth. Bench gradient to
existing topography and desirable natural surrounding to the outlet shall be between 2 percent and 3 percent,
avoid extreme grade modifications. Information submitted unless accompanied by appropriate design and
must provide sufficient topographic surveys and soil computations.
investigations to determine limitations that must be imposed
on the grading operation related to slope stability,effect on C. The flow length within a bench shall not exceed
adjacent properties and drainage patterns,measures for 800 feet unless accompanied by appropriate design
drainage and water removal,and vegetative treatment,etc. and computations; see Standard and Specifications
for Diversion on page 3.9
Many municipalities and counties have regulations and
design procedures already established for land grading and 4. Surface water shall be diverted from the face of all cut
cut and fill slopes. Where these requirements exist,they and/or fill slopes by the use of diversions,ditches and
shall be followed. swales or conveyed downslope by the use of a designed
structure,except where:
The plan must show existing and proposed contours of the
area(s)to be graded. The plan shall also include practices A. The face of the slope is or shall be stabilized and
for erosion control,slope stabilization, safe disposal of the face of all graded slopes shall be protected
runoff water and drainage,such as waterways,lined ditches, from surface runoff until they are stabilized.
reverse slope benches(include grade and cross section),
grade stabilization structures,retaining walls,and surface B. The face of the slope shall not be subject to any
and subsurface drains. The plan shall also include phasing concentrated flows of surface water such as from
of these practices. The following shall be incorporated into natural drainage ways,graded ditches,downspouts,
the plan: etc.
1. Provisions shall be made to safely convey surface C. The face of the slope will be protected by anchored
runoff to storm drains,protected outlets,or to stable stabilization matting, sod,gravel,riprap,or other
water courses to ensure that surface runoff will not stabilization method.
November 2016 Page 4.24 New York State Standards and Specifications
For Erosion and Sediment Control
5. Cut slopes occurring in ripable rock shall be serrated as 4. Areas to be filled shall be cleared,grubbed,and
shown in Figure 4.9 on page 4.26. The serrations shall stripped of topsoil to remove trees,vegetation,roots,or
be made with conventional equipment as the excavation other objectionable material.
is made. Each step or serration shall be constructed on
the contour and will have steps cut at nominal two-foot 5. Areas that are to be topsoiled shall be scarified to a
intervals with nominal three-foot horizontal shelves. minimum depth of four inches prior to placement of
These steps will vary depending on the slope ratio or topsoil.
the cut slope. The nominal slope line is 1 Yz: 1. These
steps will weather and act to hold moisture,lime, 6. All fills shall be compacted as required to reduce
fertilizer,and seed thus producing a much quicker and erosion,slippage,settlement,subsidence,or other
longer-lived vegetative cover and better slope related problems. Fill intended to support buildings,
stabilization. Overland flow shall be diverted from the structures,and conduits,etc.,shall be compacted in
top of all serrated cut slopes and carried to a suitable accordance with local requirements or codes.
outlet.
7. All fill shall be placed and compacted in layers not to
6. Subsurface drainage shall be provided where necessary exceed 9 inches in thickness.
to intercept seepage that would otherwise adversely
affect slope stability or create excessively wet site 8. Except for approved landfills or nonstructural fills,fill
conditions. material shall be free of frozen particles,brush,roots,
sod,or other foreign objectionable materials that would
7. Slopes shall not be created so close to property lines as interfere with,or prevent,construction of satisfactory
to endanger adjoining properties without adequately fills.
protecting such properties against sedimentation,
erosion, slippage,settlement,subsidence,or other 9. Frozen material or soft,mucky or highly compressible
related damages. materials shall not be incorporated into fill slopes or
structural fills.
8. Fill material shall be free of brush,rubbish,rocks,logs, 10. Fill shall not be placed on saturated or frozen surfaces.
stumps,building debris,and other objectionable
material. It should be free of stones over two(2)inches 11. All benches shall be kept free of sediment during all
in diameter where compacted by hand or mechanical phases of development.
tampers or over eight(8)inches in diameter where
compacted by rollers or other equipment. Frozen 12. Seeps or springs encountered during construction shall
material shall not be placed in the fill nor shall the fill be handled in accordance with the Standard and
material be placed on a frozen foundation. Specification for Subsurface Drain on page 3.48 or
9. Stockpiles,borrow areas,and spoil shall be shown on other approved methods.
the plans and shall be subject to the provisions of this 13. All graded areas shall be permanently stabilized
Standard and Specifications. immediately following finished grading.
10. All disturbed areas shall be stabilized structurally or 14. Stockpiles,borrow areas,and spoil areas shall be
vegetatively in compliance with the Permanent shown on the plans and shall be subject to the
Construction Area Planting Standard on page 4.42. provisions of this Standard and Specifications.
Construction Specifications
See Figures 4.9 and 4.10 for details.
1. All graded or disturbed areas,including slopes,shall be
protected during clearing and construction in
accordance with the erosion and sediment control plan
until they are adequately stabilized.
2. All erosion and sediment control practices and
measures shall be constructed,applied and maintained
in accordance with the erosion and sediment control
plan and these standards.
3. Topsoil required for the establishment of vegetation
shall be stockpiled in amount necessary to complete
finished grading of all exposed areas.
New York State Standards and Specifications Page 4.25 November 2016
For Erosion and Sediment Control
Figure 4.9
Typical Section of Serrated Cut Slope
mmm
NORMAL SLOPE LINlE
n
: 1.5-1 OR STEEPZR
ADAPTEDd
TRANVURTATION.
NEW YORK STATE NMENTAL C0tMRVATMN, OF SERRATED CUT
STATENEV YORK L & WATER CMISCIRVATION1
November 2016 Page 4.26 New York State Standards and Specifications
For Erosion and Sediment Control
Figure 4.10
Landgrading
SYMBOL_
)ewt
ITCH OR DIVERSION! TO
DIVERT SURFACP FLOW
s - NCH: GRADE 2-3%
s t J& JL
A.
lo
w-
JiL
Y w1 a
AL
IN q
Y MAx 1 1 ..
a E2W
3 3W
4 4W
ADAPTED FROM DETAILS PXVIDED BY- USDA = NRCS,
NEW YQRK STATE 0EPARTKNT (IF TRANSPORTATION, LANDGRADING
NEW YORK STATE ]DEPARTMENT OF EWIRDNMENTAL C(INSERVATMN,
NEW YORK STATE SOIL & WATER CONSERVATION CONCrTEE DETAIL
New York State Standards and Specifications Page 4.27 November 2016
For Erosion and Sediment Control
Figure 4.11
Landgrading - Construction Specifications
CONSTRUCTION SPECI ICATIO
:L ALL GRADED OR DISTURBED AREAS INCLUDING SLOPES SHALL BE PROTECTED DURtNG
CLEARIM AND CONSTRUCTION IN ACCORDANCE WITH THE APPROVED EROSION AND
SED ENT CONTROL PLAN UNTIL THEY ARE PERMANENTLY STABILIZED.
Z ALL SEDIMENT CONTROL PRACTICES AND MEASURES SHALL BE CONSTRUCTED,
APPLIED AND MAINTAINED IN ACCORDANCE WITH THE AP ED EROMN AND
SEDIMENT CONTROL PLAID.
3, TOPSOIL- REQUIRED FOR THE ESTADLI IT VENT nF VEGETATION SHALL BE STOCKPILE])
IN AMOUNT NECESSARY TO COMPLETE FINISHED CRAII = OF ALL EXPOSED ARE
4, AREAS TO HE FILLED SHALL BE CLEARED, GRUBBED, AND 'STRIPPED 13F T13PSBIL T13
RE-MOVE TREES, VEGETATION, FOOTS OR OTHER OBJEC71ONABLE MATERIAL.
5; AREAS WHICH ARE TO BE TOPSOILED SHALL _ SCARIFIED TO A MINIMUM DEPTH OF
FOURINCHES 1 CEMENT TOPS
6, ALL FILLS SHALL BE COMPACTED AS REQUIRED TO REDUCE EROSION, SILIPPAGIE,
SETTLEMENT,, SUBSIDENCE OR OTHER 'RELATED PROBLEMS.. FILL INTENDED TO
SUPPORT BUILDINGS, STRUCTURES AND CONDUITS, ETC. SHALL BE C13KPACTED
IN ACCORDANCE WITH' LOCAL RE4UI ENTS ' CODES.
7. ALL 'FILL SHALL BE PLACED AND COMPACTED :IN LAYERS NOT TO EXCEED 9 INCHES
IN THICK S&
, EXCEPT FOR APPROVED LANDFILLS, FILL MATERIAL SHALL DE FREE OF FRIIZEN
PARTICLES. BRUSH, ROOTS, SOD, OR OTHER (FOREIGN OR OTHER OBJECTIONABLE
14ATERIALS THAT WOULD INTERFERE WITH OR PREVENT CONSTRUCTION OF
SATISFACTORY FILLS.
9, FROZEN MATERIALS OR SOFT, MUCKY OR HIGHLY COMP SSIBLE MATERIALS SHALL
T BE INCORPORATED IN FILLS.
10, FIL.L. SHALL NOT BE PLACED ON SATURATED OR FROZEN .SURFACES.
11. ALL RENCHES SHALL BE KEPT FREE OF SEDIMENT DURING ALL PHASES OF
]DEVELOPMENT.
12, SEEPS Off'' SPRINGS E 'O NTERED DURING CONSTRUCTION SHALL BE HANDLED IN
ACMRDANCE WITH T STANDARD AND SPECIFICATION FOR SUBSURFACE DRAIN
OR OTHER APPROVED METHOD.
13, ALL GRADED AREAS SHALL BE PERMANENTLY STABILIZED IMMEDIATELY FOLLOVING
FINISHED GRADING.
14. STOCKPILES, BORROW AREAS AND SPOIL AREAS SHALL RE SHOWN ON THE PLANS AND
SHALL BE SUBJECT TO THE PROVISIONS OF THIS STANDARD AND SPECIF-ICATION.
ADAPTED PROM DETAILS PROVIDED DY+ uSDA - NRC s,
_
NCW StATC DEPARTMENT OF VIANSPORTATIUM. LANDGRATING
NEW YORK STATE DEPART14ENT OF ENVIRONMENTAL CONSEOVATMN, SPECIFICATIONS
INEW YMK STATE SOIL s wATER. CONSERvATION MmMIT-TEE
November 2016 Page 4.28 New York State Standards and Specifications
For Erosion and Sediment Control
STANDARD AND SPECIFICATIONS FOR
MULCHING
Remove all undesirable stones and other debris to meet the
needs of the anticipated land use and maintenance required.
Apply mulch after soil amendments and planting is
accomplished or simultaneously if hydroseeding is used.
Select appropriate mulch material and application rate or
material needs. Hay mulch shall not be used in wetlands or
in areas of permanent seeding. Clean straw mulch is
preferred alternative in wetland application. Determine
local availability.
Definition and Scope Select appropriate mulch anchoring material.
Applying coarse plant residue or chips,or other suitable NOTE: The best combination for grass/legume
materials,to cover the soil surface to provide initial erosion establishment is straw(cereal grain)mulch applied at 2 ton/
control while a seeding or shrub planting is establishing. acre(90 lbs./1000sq.ft.)and anchored with wood fiber
Mulch will conserve moisture and modify the surface soil mulch(hydromulch)at 500—750 lbs./acre(11 —17
temperature and reduce fluctuation of both. Mulch will lbs./1000 sq.ft.). The wood fiber mulch must be applied
prevent soil surface crusting and aid in weed control.Mulch through a hydroseeder immediately after mulching.
can also be used alone for temporary stabilization in non-
growing months. Use of stone as a mulch could be more
permanent and should not be limited to non-growing
'months.
Conditions Where Practice lies
On soils subject to erosion and on new seedings and shrub
plantings. Mulch is useful on soils with low infiltration
rates by retarding runoff.
Criteria
Site preparation prior to mulching requires the installation
of necessary erosion control or water management practices
and drainage systems.
Slope,grade and smooth the site to fit needs of selected
mulch products.
New York State Standards and Specifications Page 4.39 November 2016
For Erosion and Sediment Control
Table 4.2
Guide to Mulch Materials, Rates, and Uses
U In bA L t y U O y E5 x
CIj
o ti a� 3 3 A o o s� G a� cud
d W °A
cc
0 >> b i-. y O O y s. •y "" N N G O
O
C S"+
G U U bA.b 3 bD v bA s• c�C .U. U O .�
7r
it bD O b0 'b O Q cC �, O N W 'x
s�. = U z >, '� U U t7 . 3 >~ b 0 3 `"
'�' U p � o
o c� D o p . , a� b
�DW
0
0
w o �
5
� �
0
U
vi
In
CO
O
(V k O O s.
N d N N00
'n ^ V1
00 M
w d x x
c? ° °O
V] N vi O 1()
O ^
> _
6> ^ W) x �
�ti y
a OW) 00
01 O\ x d• �� W
CA
on ° o '� a°Cd to
itjo
o o 3 o U U
CI' Gi•I O y N ^ N m y, N N .9 CD 'O AQn
O
0'+ CdCd
o to o
¢ � U � Q � >,
P;j >~ bCd
.�. " CA Cd3 ° °
U o
O � O H O sue, 0 cd y U � cd N
3 333 c7CID
November 2016 Page 4.40 New York State Standards and Specifications
For Erosion and Sediment Control
Table 4.3
Mulch Anchoring Guide
Anchoring Method Kind of Mulch to How to Apply
or Material be Anchored
After mulching,divide areas into blocks approximately 1 sq.
yd. in size. Drive 4-6 pegs per block to within 2"to 3"of soil
1. Peg and Twine Hay or straw surface. Secure mulch to surface by stretching twine between
pegs in criss-cross pattern on each block. Secure twine around
each peg with 2 or more tight turns. Drive pegs flush with soil.
Driving stakes into ground tightens the twine.
Staple the light-weight paper,jute,wood fiber,or plastic
2. Mulch netting Hay or straw nettings to soil surface according to manufacturer's
recommendations. Should be biodegradable. Most products
are not suitable for foot traffic.
Apply with hydroseeder immediately after mulching. Use 500
3. Wood cellulose fiber Hay or straw lbs.wood fiber per acre. Some products contain an adhesive
material("tackifier"),possibly advantageous.
Apply mulch and pull a mulch anchoring tool(blunt,straight
4. Mulch anchoring tool Hay or straw discs)over mulch as near to the contour as possible. Mulch
material should be"tucked"into soil surface about 3".
Mix and apply polymeric and gum tackifiers according to
5. Tackifier Ha
manufacturer's instructions. Avoid application daring rain. A
y or straw 24-hour curing period and a soil temperature higher than 450
Fahrenheit are required.
New York State Standards and Specifications Page 4.41 November 2016
For Erosion and Sediment Control
CIS ENGINEERING PLLC
Appendix
Sample Inspection Report
SWPPP Amendment Form
Indian Neck Preserve/ALS 26001
Project Name:
SWPPP Inspection Report
Inspector Name: Date:
Si nature re wired Time: .
....... ........ _.. _._._. . ....
Weather: Inspection #:
_..............__.- _...
Soil Conditions (dry, saturated, etc):
Note: Digital photos,with date stamp required for all practices requiring corrective action, before and
after, to be attached to the inspection report.
YES NO N/A
1. ❑ ❑ ❑ Routine Inspection. Date of last inspection:
2. Inspection following rain event. Date/time of storm ending:
❑ ❑ Rainfall amount:
Recorded by:
3. ❑ ❑ ❑ Is this a final site inspection?
4. ❑ ❑ ❑ Has site undergone final stabilization?
❑ ❑ ❑ If so, have all temporary erosion and sediment controls been removed?
Site Disturbance (Indicate Locations on Plan)
YES NO N/A
1. ❑ ❑ ❑ Areas previously disturbed, but have not undergone active site work in the last 14 days?
2. ❑ ❑ ❑ Areas disturbed within last 14 days?
3. ❑ ❑ ❑ Areas expected to be disturbed in next 14 days?
4. ❑ ❑ ❑ Do areas of steep slopes or complex stabilization issues exist?
If"YES" explain:
5. ❑ ❑ ❑ Are there currently more than 5 acres of disturbed soil at the site? If so make sure there is an
approval letter from NY'S DEC.
Additional Comments:
Inspection of Erosion and Sediment Control Devices
Type of Control Device Accumulation (if any) in % Repairs/Maintenance Needed
1.
2.
.................._.._._.______
3.
..............._.........
4.
........ .........................._. .....................
5.
............. _ ...............www_._.
6.
Stabilization/Runoff
YES NO N/A
1. ❑ ❑ ❑ Are all existing disturbed areas contained by control devices? Type of devices:
2. ❑ ❑ ❑ Are there areas that require stabilization within the next 14 days? Specify Area:
3. ❑ ❑ ❑ Have stabilization measures been initiated in inactive areas?
4. ❑ ❑ ❑ Is there current snow cover or frozen ground conditions?
5. ❑ ❑ ❑ Rills or gullies?
6. ❑ ❑ ❑ Slumping/deposition?
7. ❑ ❑ ❑ Loss of vegetation?
8. ❑ ❑ ❑ Lack of germination?
9. ❑ ❑ 0 Loss of mulching?
Receiving Structures/Water Bodies (Indicate locations where runoff leaves the project site on the site plan)
YES NO N/A
1. ❑ ❑ ❑ Surface water swale or natural surface waterbody?
If natural waterbody:
Is waterbody located ❑ onsite, or❑ adjacent to property boundary?
Description of condition:
2. ❑ ❑ ❑ Municipal or community system?
Inspect locations where runoff from project site enters the receiving waters and indicate if there is
evidence of:
a. ❑ ❑ ❑ Rills or gullies?
b. ❑ ❑ ❑ Slumping/deposition?
c. ❑ ❑ ❑ Loss of vegetation?
d. ❑ ❑ ❑ Undermining of structures?
e. ❑ ❑ ❑ Was there a discharge into the receiving water on the day of inspection?
f. ❑ ❑ ❑ Is there evidence of turbidity, sedimentation, or oil in the receiving waters?
Additional Comments:
Inspection of Post-Construction Stormwater Management Control Devices
Type of Control Device Phase of Construction Repairs/Maintenance Needed
1.
...................................... ....... ................._. ___ ........................
2.
3.
.........
. .........................._.......................
4.
General Site Condition
YES NO N/A
1. ❑ ❑ ❑ Have action items from previous reports been addressed?
2. ❑ ❑ ❑ Does routine maintenance of protection components occur on a regular basis?
3. ❑ ❑ ❑ Does cleaning and/or sweeping affected roadways occur, at minimum, daily?
4. ❑ ❑ ❑ Is debris and litter removed on a monthly basis, or as necessary?
5. ❑ ❑ ❑ Is the site maintained in an orderly manner?
Describe the condition of all natural waterbodies within or adjacent to the Project that receive runoff from the site:
Contractors progress over last 7 days:
Anticipated work to be begun in the next 7 days:
Additional Comments:
Visual Observations
YES NO N/A
1. ❑ ❑ ❑ All erosion and sediment control measures have been installed/constructed?
2. ❑ ❑ ❑ All erosion and sediment control measures are being maintained properly?
SUMMARY OF ACTION ITEMS TO REPAIR/REPLACE/MAINTAIN/CORRECT DEFICIENCIES
CONSTRUCTION DURATION INSPECTIONS
^fib. Modifications to the SWPPP (To be completed as described below)
The Operator shall amend the SWPPP whenever:
1. There is a significant change in design, construction, operation, or maintenance which may have a
significant effect on the potential for the discharge of pollutants to the waters of the United States and which
has not otherwise been addressed in the SWPPP; or
2. The SWPPP proves to be ineffective in:
a. Eliminating or significantly minimizing pollutants from sources identified in the SWPPP and as required
by this permit; or
b. Achieving the general objectives of controlling pollutants in stormwater discharges from permitted
construction activity; and
3. Additionally,the SWPPP shall be amended to identify any new contractor or subcontractor that will
implement any measure of the SWPPP.
Modification & Reason:
November 2016 Page F.9 New York State Standards and Specifications
For Erosion and Sediment Control
11S ENGINEERING PLLC
Appendix H
SPDES 2025 General Permit GP-0-25-001
Indian Neck Preserve/ALS 26001
1-1
E Department o
YOR'rj sT<' Environmental
Conservation
NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL
CONSERVATION (NYSDEC)
SPDES GENERAL PERMIT
FOR STORMti1WATER DISCHARGES
From
CONSTRUCTION ACTIVITY
Permit No. OIL.0-25-001
Construction General Pe-n-nit (CGP)
lasijad Pursuant to Arfiele 17,Titles T 8 and Article 70
of the Environmental Conservatfon Lary
Effective Dates. January 28, 2025 Explration Cute; January 28, 21030
Sett E. Strlay
Chief Permit A do ini-strator
r
Authorized Signature Date
Address: NYSDEC
Divislion of Environmental Permits
625 Broadway, 4th Floor
Albany, NX, 12233-1750
PREFACE
Pursuant to Section 402 of the Clean Water Act (CWA), and 40 CFR
122.26(b)(14)(x), (15)(i), and (15)(ii), stormwater discharges from certain construction
activities are unlawful unless they are authorized by a National Pollutant Discharge
Elimination System (NPDES) permit or by a state permit program. New York State
administers the approved State Pollutant Discharge Elimination System (SPDES)
program with permits issued in accordance with the New York State Environmental
Conservation Law (ECL) Article 17, Titles 7 and 8, and Article 70, as well as 6 NYCRR
Parts 621 and 750.
Construction activities constitute construction of a point source and, therefore,
pursuant to ECL sections 17-0505, 17-0701, and 17-0803, the owner or operator must
have coverage under a SPDES permit prior to commencement of construction activities..
The owner or operator cannot wait until there is an actual discharge from the
construction site to obtain permit coverage.
*Note: The italicized words/phrases within this permit are defined in Appendix A.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPDES CONSTRUCTION GENERAL PERMIT (CGP) GP-0-25-001
FOR STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES
Table of Contents
Part I. How to Obtain Coverage and General Requirements ..................................... 5
A. Eligibility Requirements...................................................................................... 5
B. Types of Discharges Authorized ........................................................................ 9
C. Prohibited Discharges...................................................................................... 10
D. Electronic Notice of Intent (eNO1) Submittal..................................................... 10
E. General Requirements for Owners or Operators with Permit Coverage ........., 14
F. Permit Coverage for Discharges Authorized Under GP-0-20-001 .................... 18
G. Change of Owner or Operator.......................................................................... 19
Part II. Water Quality-Based Effluent Limitations..................................................... 20
A. Maintaining Water Quality................................................................................ 20
B. Effluent Limitations Applicable to Discharges from Construction Activities...... 20
C. Post-Construction Stormwater Management Practice (SMP) Requirements ... 23
Part III. Stormwater Pollution Prevention Plan (SWPPP)......................................... 28
A. General SWPPP Requirements ....................................................................... 28
B. Required SWPPP Contents ............................................................................. 32
C. Required SWPPP Components by Project Type.............................................. 37
Part IV. Inspection and Maintenance Requirements................................................... 37
A. General Construction Site Inspection and Maintenance Requirements __,.... 37
B. Contractor Maintenance Inspection Requirements .......................................... 37
C. Qualified Inspector Inspection Requirements................................................... 38
PartV. How to Terminate CGP Coverage.............................,....................................... 43
A. Electronic Notice of Termination (eNOT) Submittal......................_ ................ 43
PartVI. Record Retention and Reporting...,............................ ................. ...................45
A. Record Retention ..................................... ...................... ................................ 46
B. Reporting ............................... ................. ..................,,....,.,, .,...,.,......._ 46
PartVII. Standard Permit Requirements ........... ................ ........ ......... ................46
A. Duty to Comply................................................................................................. 46
B. Need to Halt or Reduce Activity Not a Defense................................................46
C. Penalties ..........................................................................................................46
D. False Statements ........................................................................................ .... 47
E. Re-Opener Clause .................................................................................„...,.... 47
F. Duty to Mitigate ................................................................................................ 47
G. Requiring Another General Permit or Individual SPDES Permit.......... ...... 47
H. Duty to Provide Information.............................................................................. 49
I. Extension ......................................................................................................... 49
J. Signatories and Certification ............................................................................ 50
K. Inspection and Entry ........................................................................................ 52
L. Confidentiality of Information............................................................................ 53
M. Other Permits May Be Required ...................................................................... 53
N. NYSDEC Orders or Civil Decrees/Judgments.................................................. 53
O. Property Rights ................................................................................................ 53
P. Compliance with Interstate Standards.............................................................. 53
Q. Oil and Hazardous Substance Liability............................................................. 54
R. Severability....................................................................................................... 54
S. NYSDEC Approved Forms............................................................................... 54
APPENDIX A —Abbreviations and Definitions.......................................................... 55
Abbreviations............................................................................................................. 55
Definitions.................................................................................................................. 56
APPENDIX B — Required SWPPP Components by Project Type............................. 64
Table1....................................................................................................................... 64
Table2....................................................................................................................... 66
APPENDIX C —Watersheds Requiring Enhanced Phosphorus Removal............... 68
APPENDIX D — Impaired Waterbodies (by Construction Related Pollutants)........ 74
APPENDIX E — List of NYSDEC Regional Offices..................................................... 80
APPENDIX F — SWPPP Preparer Certification Form ................................................ 81
APPENDIX G — MS4 SWPPP Acceptance Form........................................................ 83
APPENDIX H — NYCDEP SWPPP Acceptance/Approval Form ................................ 86
APPENDIX I — MS4 No Jurisdiction Form.................................................................. 89
APPENDIX J — Owner/Operator Certification Form.................................................. 91
Part I.
Part I. How to Obtain Coverage and General Requirements
To be covered under this permit, the owner or operator must meet all eligibility
requirements in Part I.A. and follow the requirements for obtaining permit coverage in
Part I.D., F., or G.
A. Eligibility Requirements
For a common plan of development or sale, the phase(s) that meet the eligibility
requirements in Part I.A. may obtain coverage under this permit even if other
phase(s) of the same common plan of development or sale do not meet the
eligibility requirements and require an individual SPDES permit.
1. The owner's or operator's construction activities involve soil disturbances of:
a. one or more acres; or
b. less than one acre which are part of a common plan of development or
sale that will ultimately disturb one or more acres; or
c. less than one acre where NYSDEC has determined that a SPDES
permit is required for stormwater discharges based on the potential for
contribution to a violation of a water quality standard or for significant
contribution of pollutants to surface waters of the State.
i. 5,000 square feet or more, but less than one acre, and are in
the New York City Watershed located east of the Hudson River,
Appendix C Figure 1; or
ii. 20,000 square feet or more, but less than one acre, within the
municipal boundaries of the City of New York (NYC); or
iii. less than 20,000 square feet which are part of a common plan
of development or sale that will ultimately disturb 20,000 square
feet or more, but less than one acre, within the municipal
boundaries of NYC; or
iv. that creates 5,000 square feet or more of impervious area within
the municipal boundaries of NYC.
5
Part I.A.2.
2. Discharges from the owner's or operator's construction activities are/were not:
a. already covered by a different SPDES permit; or
b. covered under a different SPDES permit that was denied, terminated,
or revoked; or
c. identified in an expired individual SPDES permit that was not renewed;
or
d. required to obtain an individual SPDES permit or another general
SPDES permit in accordance with Part VII.K.
3. If construction activities may adversely affect a species that is endangered or
threatened, the owner or operator must obtain a:
a. permit issued pursuant to 6 NYCRR Part 182 for the project; or
b. letter issued by NYSDEC of non-jurisdiction pursuant to 6 NYCRR Part
182 for the project.
4. If construction activities have the potential to affect an historic property, the
owner or operator must obtain one of the following:
a. documentation that the construction activity is not within an
archeological buffer area indicated on the sensitivity map, and that the
construction activity is not located on or immediately adjacent to a
property listed or determined to be eligible for listing on the National or
State Registers of Historic Places, and that there is no new permanent
building on the construction site within the following distances from a
building, structure, or object that is more than 50 years old, or if there
is such a new permanent building on the construction site within those
parameters that NYS Office of Parks, Recreation and Historic
Preservation (OPRHP), a Historic Preservation Commission of a
Certified Local Government, or a qualified preservation professional
has determined that the building, structure, or object more than 50
years old is not historically/archeologically significant:
i. 1-5 acres of disturbance - 20 feet; or
ii. 5-20 acres of disturbance - 50 feet; or
6
Part I.A.4.a.iii.
iii. 20+ acres of disturbance - 100 feet.
b. NYSDEC consultation form sent to OPRHP,1 and copied to NYSDEC's
Agency Historic Preservation Officer (APO), and
i. the State Environmental Quality Review Act (SEAR)
Environmental Assessment Form (EAF) with a negative
declaration or the Findings Statement, with documentation of
OPRHP's agreement with the resolution; or
ii. documentation from OPRHP that the construction activity will
result in No Impact; or
iii. documentation from OPRHP providing a determination of No
Adverse Impact; or
iv. a Letter of Resolution signed by the owner or operator, OPRHP
and the DEC APO which allows for this construction activity to
be eligible for coverage under the general permit in terms of the
State Historic Preservation Act (SHPA).
c. documentation of satisfactory compliance with Section 106 of the
National Historic Preservation Act for a coterminous project area:
i. No Affect; or
ii. No Adverse Affect; or
iii. Executed Memorandum of Agreement.
d. documentation that SHPA Section 14.09 has been completed by
NYSDEC or another state agency.
5. If construction activities are subject to SEQR, the owner or operator must
obtain documentation that SEQR has been satisfied.
6. If construction activities are not subject to SEQR, but subject to the equivalent
environmental review from another New York State or federal agency, the
1 The consultation form can be submitted, along with other project information, through
OPRHP's Cultural Resource Information System (CRIS) portal. If submitted through CRIS,
paper copies of the consultation form need not be mailed.
7
Part I.A.6.
owner or operator must obtain documentation that project review, pursuant to
a process equivalent to SEQR from another New York State or federal
agency, has been satisfied.
7. If construction activities require Uniform Procedures Act (UPA) Permits (see 6
NYCRR Part 621) from NYSDEC, or the equivalent from another New York
State or federal agency, the owner or operator must:
a. obtain all such necessary permits; or
b. receive notification from NYSDEC pursuant to 6 NYCRR 621.3(a)(4)
excepting Part I.A.7.a.
8. Construction activities are not eligible if they meet the following criteria in Part
I.A.8.a. or b.:
a. For linear transportation and linear utility project types, the construction
activities:
i. are within the watershed of surface waters of the State
classified as AA or AA-S identified utilizing the Stormwater
Interactive Map on NYSDEC's website; and
i. are undertaken on land with no existing impervious cover, and
iii. disturb two or more acres of steep slope.
b. For all other project types, the construction activities:
i, are within the watershed of surface waters of the State
classified as AA or AA-S identified utilizing the Stormwater
Interactive Map on NYSDEC's website; and
ii. are undertaken on land with no existing impervious cover, and
iii. disturb one or more acres of steep slope.
8
Part I.B.
B. Types of Discharges Authorized
1. The following stormwater discharges are authorized under this permit:
a. Stormwater discharges, including stormwater runoff, snowmelt runoff, and
surface runoff and drainage, associated with construction activity, are
authorized under this permit provided that appropriate stormwater controls
are designed, installed, and maintained in accordance with Part 11. and
Part III.
b. Stormwater discharges from construction support activities at the
construction site (including concrete or asphalt batch plants, equipment
staging yards, material storage areas, excavated material disposal areas,
and borrow areas) if the following requirements are met:
i. The support activity is directly related to the construction site
required to have permit coverage for stormwater discharges; and
ii. The support activity is not a commercial operation, nor does it serve
multiple unrelated construction sites; and
iii. The support activity does not continue to operate beyond the
completion of the construction activity at the site it supports; and
iv. Stormwater controls are implemented in accordance with Part 11.
and Part III. for discharges from the support activity areas.
2. The following non-stormwater discharges associated with construction activity
are authorized under this permit:
a. Non-stormwater discharges listed in 6 NYCRR 750-1.2(a)(29)(vi), with the
following exception: "Discharges from firefighting activities are authorized
only when the firefighting activities are emergencies/unplanned"; and
b. Non-stormwater discharges of waters to which other components have not
been added that are used in accordance with the SWPPP to control dust
or irrigate vegetation in stabilized areas; and
c. Uncontaminated discharges from dewatering operations
9
Part 1.B.3.
3. Authorized discharges of stormwater or authorized discharges of non-
stormwater, commingled with a discharge authorized by a different SPDES
permit and/or a discharge that does not require SPDES permit authorization,
are also authorized under this permit.
C. Prohibited Discharges
1. Non-stormwater discharges prohibited under this permit include but are not
limited to:
a. Wastewater from washout of concrete; and
b. Wastewater from washout and cleanout of stucco, paint, form release
oils, curing compounds, and other construction materials; and
c. Fuels, oils, or other pollutants used in vehicle and equipment operation
and maintenance; and
d. Soaps, solvents, or detergents used in vehicle and equipment washing
or external building washdown; and
e. Toxic or hazardous substances from a spill or other release.
D. Electronic Notice of Intent (eNO1) Submittal
To receive authorization in accordance with Part I.D.3.b., the owner or operator
must submit a complete eNOl in accordance with the requirements in Part I.D.
The eNOl contains questions to: ensure eligibility requirements in Part I.A. have
been met; obtain owner or operator contact information; obtain the total area to
be disturbed and the existing/future impervious areas (rounded to the nearest
tenth of an acre); confirm Traditional Land Use Control MS4 Operator jurisdiction
over construction projects; satisfy the EPA eRule requirements; confirm that the
Water Quality-Based Effluent Limitations in Part II. have been met; demonstrate
consideration of the future risks due to climate change in accordance with Part
I I I.A.2.; and confirm that the other Stormwater Pollution Prevention Plan
(SWPPP) requirements in Part III. have been met.
1. An eNOl may be submitted for:
a. construction activities that are not part of a common plan of
development or sale; or
10
Part I.D.1.b.
b. an entire common plan of development or sale; or
c. separate phase(s) of a common plan of development or sale if the
following requirements are met:
i. the common plan of development or sale meets the eligibility
requirements of Part I.A.5. or 6.; and
ii. the phase(s) meet(s) all other eligibility requirements of Part
I.A.; and
iii. Part III.C. Required SWPPP Components by Project Type is
based on the common plan of development or sale, not the
phase(s); or
d. tree clearing that is associated with, or will support, a renewable
energy generation, transmission, or storage project that meets Part
I.A.5. and 6., if the tree clearing:
i. meets all other eligibility requirements of Part I.A.; and
ii. will occur in NYSDEC's Regions 3-9; and
iii. is not within '/4 mile of a bat hibernaculum protected pursuant to
6 NYCRR Part 182; and
iv, will occur between November 1 st and March 31 st.
2. As prerequisites for submitting an eNOI, the owner or operator must:
a. prepare a SWPPP for Part I.D.1.a., b., c., or d. in accordance with Part
III.; and
b. based on the following criteria, upload the following signature forms
signed in accordance with Part VII.J. to the eNOI prior to submission,
.
i. for all eNOls:.
1. the SWPPP Preparer Certification Form, Appendix F,
signed by the SWPPP preparer; and
11
Part I.D.2.b.i.2.
2. the Owner/Operator Certification Form, Appendix J,
signed by the owner or operator, and
ii. if an eNO1 includes construction activities within the municipal
boundary(ies) of Traditional Land Use Control MS4 Operator(s)
that will discharge to the MS4(s):
1. determine if the Traditional Land Use Control MS4
Operator(s) have review authority. A Traditional Land
Use Control MS4 Operator does not have review
authority where:
a. the owner or operator of the construction activities
in Part I.D.2.b.ii. is the same entity as the
Traditional Land Use Control MS4 Operator
identified in Part I.D.2.b.ii.; or
b. there is a statute exempting the owner or operator
from zoning review by the Traditional Land Use
Control MS4 Operator, or
c. there is no such statute per Part I.D.2.b.ii.1.b., the
Traditional Land Use Control MS4 Operator
concludes, after public hearing, that it does not
have zoning review authority in accordance with
Legal Memorandum LU14 Updated January 2020
"Governmental Immunity from Zoning and Other
Legislation"; and
2. if the Traditional Land Use Control MS4 Operator(s) have
review authority, submit the SWPPP to the Traditional
Land Use Control MS4 Operator(s) for review and have:
a. if outside the municipal boundaries of NYC: the
MS4 SWPPP Acceptance Form, Appendix G,
signed by the principal executive officer or ranking
elected official from the Traditional Land Use
Control MS4 Operator, or by a duly authorized
representative of that person in accordance with
Part VII.J.2.; or
12
Part I.D.2.b.ii.2.b.
b. if within the municipal boundaries of NYC: The
City of New York Department of Environmental
Protection (NYCDEP) SWPPP
Acceptance/Approval Form, Appendix H, signed
by the principal executive officer or ranking elected
official from the Traditional Land Use Control MS4
Operator, or by a duly authorized representative of
that person in accordance with Part VII.J.2.; and
3. if the Traditional Land Use Control MS4 Operator does
not have review authority, have the MS4 No Jurisdiction
Form, Appendix I, signed by the principal executive
officer or ranking elected official from the Traditional Land
Use Control MS4 Operator, or by a duly authorized
representative of that person in accordance with Part
VII.J.2.
3. Submitting an eNOI:
a. The owner or operator must submit a complete Notice of Intent
electronically using a NYSDEC approved form.2
b. The owner or operator is authorized to commence construction activity
as of the authorization date indicated in the Letter of Authorization
(LOA), which is sent by NYSDEC after a complete eNO1 is submitted.
i. If an eNO1 is received for a SWPPP that deviates from one of
the technical standards but demonstrates equivalence in
accordance with Part III.B.1.a.ii. or Part III.B.2.b.ii., if the
SWPPP includes construction activities that are not within the
municipal boundary(ies) of Traditional Land Use Control MS4
Operator(s), and/or if the SWPPP includes construction
activities within the municipal boundary(ies) of Traditional Land
Use Control MS4 Operator(s) that do not have review authority
in accordance with Part I.D.2.b.ii.1., the authorization date
indicated in the LOA will be 60 business days after the eNO1
submission date.
2 Unless NYSDEC grants a waiver in accordance with 40 CFR 127.15(c) or(d). All waiver requests must
be submitted to Stormwater_info@dec.ny.gov or NYSDEC, Bureau of Water Permits, 625 Broadway, 4th
Floor, Albany, New York 12233-3505.
13
Part I.D.3.c.
c. If Traditional Land Use Control MS4 Operator(s) have review authority
in accordance with Part I.D.2.b.ii.2., the owner or operator must, within
five business days of receipt of the LOA, send an electronic copy of the
LOA to the Traditional Land Use Control MS4 Operator(s) with review
authority.
E. General Requirements for Owners or Operators with Permit Coverage
1. As of the date the LOA is received, the owner or operator must make the
eNOI, SWPPP, and LOA available for review and copying in accordance with
the requirements in Part VII.H. When applicable, as of the date an updated
LOA is received, the owner or operator must make the updated LOA available
for review and copying in accordance with the requirements in Part VII.H.
2. The owner or operator must ensure compliance with all requirements of this
permit and that the provisions of the SWPPP, including any changes made to
the SWPPP in accordance with Part III.A.5., are properly implemented and
maintained from the commencement of construction activity until:
a. all areas of disturbance have achieved final stabilization; and
b. the owner's or operator's coverage under this permit is terminated in
accordance with Part V.A.5.a.
3. As of the date of the commencement of construction activities until Part
I.E.2.a. and b. have been met, the owner or operator must maintain at the
construction site, a copy of:
a. all documentation necessary to demonstrate eligibility with this permit; and
b. this permit; and
c. the SWPPP; and
d. the signed SWPPP Preparer Certification Form; and
e. the signed MS4 SWPPP Acceptance Form or signed NYCDEP SWPPP
Acceptance/Approval Form or signed MS4 No Jurisdiction Form (when
applicable); and
f. the signed Owner/Operator Certification Form; and
14
Part I.E.3.g.
g. the eNOI; and
h. the LOA; and
i. the LOA transmittal to the Traditional Land Use Control MS4 Operator in
accordance with Part I.D.3.c. (when applicable).
4. The owner or operator must maintain at the construction site, until Part
I.E.2.a. and b. have been met, as of the date the documents become final or
are received, a copy of the:
a. responsible contractor's or subcontractor's certification statement(s) in
accordance with Part III.M.; and
b. inspection reports in accordance with Part IV.C.4. and 6.; and
c. Request to Disturb Greater Than Five Acres and the Authorization Letter
to Disturb Greater Than Five Acres in accordance with Part I.E.6. (when
applicable); and
d. Request to Continue Coverage and the Letter of Continued Coverage
(LOCC) in accordance with Part I.F.2. and 4. (when applicable); and
e. The updated LOA(s) in accordance with Part I.E.9. (when applicable).
5. The owner or operator must maintain the documents in Part I.E.3. and 4. in a
secure location, such as a job trailer, on-site construction office, or mailbox
with lock. The secure location must be accessible during normal business
hours to an individual performing a compliance inspection. The documents
must be paper documents unless electronic documents are accessible to the
inspector during an inspection to the same extent as a paper copy stored at
the site would be. If electronic documents are kept on site, the owner or
operator must maintain functional equipment on site available to an inspector
during normal hours of operation such that an inspector may view the
electronic documents in a format that can be read in a similar manner as a
paper record and in a legally dependable format with no less evidentiary
value than their paper equivalent.
6. The owner or operator must meet the following requirements prior to
disturbing greater than five acres of soil at any one time:
a. The owner or operator must submit a written Request to Disturb Greater
Than Five Acres to:
15
Part I.E.6.a.i.
i. NYSDEC's Regional Office Division of Water staff based on the
project location, Appendix E, if a Traditional Land Use Control MS4
Operator does not have review authority in accordance with Part
I.D.2.b.ii.1.; or
ii. the Traditional Land Use Control MS4 Operator, if a Traditional
Land Use Control MS4 Operator has review authority in
accordance with Part I.D.2.b.ii.1.; or
iii. NYSDEC's Regional Office Division of Water staff based on the
project location, Appendix E, and each involved Traditional Land
Use Control MS4 Operator, if the project spans multiple
municipalities with more than one Traditional Land Use Control
MS4 Operator involved with review authority in accordance with
Part I.D.2.b.ii.1.
b. The written Request to Disturb Greater Than Five Acres must include:
i. The SPDES permit identification number (Permit ID); and
ii. Full technical justification demonstrating why alternative methods of
construction that would result in five acres of soil disturbance or
less at any one time are not feasible; and
iii. The phasing plan for the project and sequencing plans for all
phases from the SWPPP in accordance with Part III.B.1.d.; and
iv. Plans with locations and details of erosion and sediment control
practices such that the heightened concern for erosion when
disturbing greater than five acres at one time has been addressed;
and
v. Acknowledgment that "the owner or operator will comply with the
requirements in Part IV.C.2.b."; and
vi. Acknowledgment that "the owner or operator will comply with the
requirements in Part II.B.1.b."
c. The owner or operator must be in receipt of an Authorization Letter to
Disturb Greater Than Five Acres, which will include when the
16
Part I.E.6.c.
authorization begins and ends and indicate a maximum area (acres) of
soil disturbance allowed at any one time, from:
i. NYSDEC, if Part I.E.6.a.i. or iii. apply; or
ii. the Traditional Land Use Control MS4 Operator, if Part I.E.6.a.ii,
applies.
7. Upon a finding of significant non-compliance with the practices described in
the SWPPP or violation of this permit, NYSDEC may order an immediate stop
to all construction activity at the site until the non-compliance is remedied.
The stop work order must be in writing, describe the non-compliance in detail,
and be sent to the owner or operator.
8. If any human remains or archaeological remains are encountered during
excavation, the owner or operator must immediately cease, or cause to
cease, all construction activity in the area of the remains and notify the
appropriate Regional Water Engineer (RWE).3 Construction activity shall not
resume until written permission to do so has been received from the RWE.
9. To be authorized to implement modifications to the information previously
submitted in the eNO1, the owner or operator must:
a. notify NYSDEC via email at Stormwater—info@dec.ny.gov requesting
access to update the eNO1; and
b. update the eNO1 to reflect the modifications and resubmit the eNO1 in
accordance with Part I.D.; and
c. receive an updated LOA.
10.The eNO1, SWPPP, LOA, updated LOAs (when applicable), and inspection
reports required by this permit are public documents that the owner or
operator must make available for review and copying by any person within
five business days of the owner or operator receiving a written request by any
such person to review these documents. Copying of documents will be done
at the requester's expense.
3 The Regional Water Manager where a DEC Region does not have a RWE.
17
Part I.F.
F. Permit Coverage for Discharges Authorized Under GP-0-20-001
When applicable:
1. Upon the effective date of this permit, an owner or operator of a construction
activity, with coverage under GP-0-20-001, will have interim coverage under
GP-0-25-001 for 45 calendar days starting on the effective date of GP-0-25-
001 so long as the owner or operator maintains compliance with all applicable
requirements of this permit.
2. Within 30 calendar days of the effective date of this permit, the owner or
operator, with coverage under GP-0-20-001, must submit a complete Request
to Continue Coverage electronically using a NYSDEC approved form,4 which
contains the information identified in Part I.F.3. below, if:
a. the owner or operator continues to implement the SMP component in
conformance with the technical standards in place at the time of initial
project authorization; and
b. the owner or operator will comply with all non-design requirements of GP-
0-25-001.
3. The Request to Continue Coverage form contains questions to: ensure
eligibility requirements in Part I.A. have been met; verify owner or operator
contact information; verify the permit identification number; verify the original
eNO1 submission ID, if applicable; verify Part I.F.2.a. and b.; verify the version
of the Design Manual that the technical/design components conform to; and
receive an updated Owner/Operator Certification Form, Appendix I.
4. The owner or operator has obtained continued coverage under GP-0-25-001
as of the date indicated in the LOCC, which is sent by NYSDEC after a
complete Request to Continue Coverage form is submitted.
5. If the owner or operator does not submit the Request to Continue Coverage
form in accordance with Part I.F.2. and 3., coverage under this permit is
automatically terminated after interim coverage expires.
4 Unless NYSDEC grants a waiver in accordance with 40 CFR 127.15(c) or(d). All waiver requests must
be submitted to Stormwater_info@dec.ny.gov or NYSDEC, Bureau of Water Permits, 625 Broadway, 41"
Floor, Albany, New York 12233-3505.
18
Part I.G.
G. Change of Owner or Operator
When applicable:
1. When property ownership changes, or when there is a change in operational
control over the construction plans and specifications, the following process
applies:
a. The new owner or operator must meet the applicable prerequisites for
submitting an eNOI in accordance with Part I.D.2.; and
b. The new owner or operator must submit an eNOI in accordance with Part
I.D.3.; and
c. Permit coverage for the new owner or operator will be effective upon
receipt of the LOA in accordance with Part I.D.3.b.; and
d. The new owner or operator, upon receipt of their LOA, must provide their
Permit ID to the original owner or operator, and
e. If the original owner or operator will no longer be the owner or operator of
the construction activity identified in the original owner's or operator's
eNOI, the original owner or operator, upon receipt of the new owner's or
operator's Permit ID in accordance with Part I.G.1.d., must submit to
NYSDEC a completed eNOT in accordance with Part V. that includes the
name and Permit ID of the new owner or operator, or
f. If the original owner or operator maintains ownership of a portion of the
construction activity, the original owner or operator must maintain their
coverage under the permit by modifying their eNOI; modifications to the
eNOI must include:
i. the revised area of disturbance and/or impervious area(s); and
il, the revised SMP information, if applicable; and
il . a narrative description of what has changed; and
iv. the new owner's or operator's Permit ID for the portion of the
project removed from the eNOI.
Owners or operators must follow Part I.E.9. to modify the eNOI.
19
Part II.
Part II. Water Quality-Based Effluent Limitations
A. Maintaining Water Quality
NYSDEC expects that compliance with the requirements of this permit will control
discharges necessary to meet applicable water quality standards. It shall be a
violation of the ECL for any discharge to either cause or contribute to a violation
of the following water quality standards as contained in Parts 700 through 705 of
Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of
New York:
1. There must be no increase in turbidity that will cause a substantial visible
contrast to natural conditions; and
2. There must be no increase in suspended, colloidal or settleable solids that will
cause deposition or impair the waters for their best usages; and
3. There must be no residue from oil and floating substances, nor visible oil film,
nor globules of grease.
If there is evidence indicating that the stormwater discharges authorized by this
permit are causing, have the reasonable potential to cause, or are contributing to
a violation of the water quality standard, the owner or operator must take
appropriate corrective action in accordance with Part IV.C.5. of this permit and
document in accordance with Part IV.C.4. of this permit. To address the water
quality standard violation the owner or operator must include and implement
appropriate controls in the SWPPP to correct the problem or obtain an individual
SPDES permit.
If, despite compliance with the requirements of this permit, it is demonstrated that
the stormwater discharges authorized by this permit are causing or contributing
to a violation of water quality standards, or if NYSDEC determines that a
modification of this permit is necessary to prevent a violation of water quality
standards, the authorized discharges will no longer be eligible for coverage under
this permit, and the owner or operator must obtain an individual SPDES permit
prior to further discharges from the construction site.
B. Effluent Limitations Applicable to Discharges from Construction Activities
Discharges authorized by this permit must achieve, at a minimum, the effluent
limitations in Part II.B.1.a., b., c., d., and e. These limitations represent the
20
Part II.B.
degree of effluent reduction attainable by the application of best practicable
technology currently available.
1. Erosion and Sediment Control Requirements - The owner or operator must
select, design, install, implement, and maintain control measures to minimize
the discharge of pollutants and prevent a violation of the water quality
standards. The selection, design, installation, implementation, and
maintenance of these control measures must meet the non-numeric effluent
limitations in Part 11.13.1.a., b., c., d., and e. and be in accordance with the
New York State Standards and Specifications for Erosion and Sediment
Control (BB), dated November 2016, using sound engineering judgment.
Where control measures are not designed in conformance with the design
criteria included in the technical standard, the owner or operator must include
in SWPPP the reason(s) for the deviation, or alternative design, and provide
information in the SWPPP demonstrating that the deviation or alternative
design is equivalent to the technical standard.
a. Erosion and Sediment Controls. At a minimum, erosion and sediment
controls must be selected, designed, installed, implemented, and
maintained to:
i. Minimize soil erosion through application of runoff control and soil
stabilization control measure to minimize pollutant discharges; and
ii. Control stormwater discharges, including both peak flow rates and
total stormwater volume, to minimize channel and streambank
erosion and scour in the immediate vicinity of the discharge points;
and
iii. Minimize the amount of soil exposed during construction activity;
and
iv. Minimize the disturbance of steep slope; and
v. Minimize sediment discharges from the site; and
vi. Provide and maintain natural buffers around surface waters, direct
stormwaterto vegetated areas and maximize stormwater infiltration
to reduce pollutant discharges, unless infeasible; and
vii. Minimize soil compaction. Minimizing soil compaction is not required
21
Part II.B.1.a.vii.
where the intended function of a specific area of the site dictates that
it be compacted; and
viii. Unless infeasible, preserve a sufficient amount of topsoil to complete
soil restoration and establish a uniform, dense vegetative cover; and
ix. Minimize dust. On areas of exposed soil, minimize dust through the
appropriate application of water or other dust suppression techniques
to control the generation of pollutants that could be discharged from
the site.
b. Soil Stabilization. In areas where soil disturbance activity has ceased,
whether permanently or temporarily ceased, the application of soil
stabilization measures must be initiated by the end of the next business
day and completed within 14 calendar days from the date the current soil
disturbance activity ceased. For construction sites that directly discharge
to one of the 303(d) segments listed in Appendix D, or are located in one
of the watersheds listed in Appendix C, or are authorized to disturb greater
than five acres in accordance with Part I.E.5.a.viii., the application of soil
stabilization measures must be initiated by the end of the next business
day and completed within seven calendar days from the date the soil
disturbance activity ceased.
c. Dewatering. Discharges from dewatering activities, including discharges
from dewatering of trenches and excavations, must be managed by
appropriate control measures.
d. Pollution Prevention Measures. Select, design, install, implement, and
maintain effective pollution prevention measures to minimize the
discharge of pollutants and prevent a violation of the water quality
standards. At a minimum, such measures must be selected, designed,
installed, implemented, and maintained to:
. Minimize the discharge of pollutants from equipment and vehicle
washing, wheel wash water, and other wash waters. Soaps,
detergents and solvents cannot be used; and
ii. Minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers,
pesticides, herbicides, detergents, sanitary waste, hazardous and
toxic waste, and other materials present on the site to precipitation
22
Part II.B.1.d.H.
and to stormwater. Minimization of exposure is not required in
cases where the exposure to precipitation and to stormwater will
not result in a discharge of pollutants, or where exposure of a
specific material or product poses little risk of stormwater
contamination (such as final products and materials intended for
outdoor use); and
iii. Prevent the discharge of pollutants from spills and leaks and
implement chemical spill and leak prevention and response
procedures.
e. Surface Outlets. When discharging from basins and impoundments, the
surface outlets must be designed, constructed, and maintained in such a
manner that sediment does not leave the basin or impoundment and that
erosion at or below the outlet does not occur.
C. Post-Construction Stormwater Management Practice (SMP) Requirements
1. The owner or operator of a construction activity that requires post-
construction SMPs, in accordance with Part III.C., must select, design, install,
implement, and maintain the SMPs to meet the performance criteria in the
New York State Stormwater Management Design Manual, dated July 31,
2024 (DM), using sound engineering judgment. Where SMPs are not
designed in conformance with the performance criteria in the DM, the owner
or operator must include in the SWPPP the reason(s) for the deviation or
alternative design and provide information which demonstrates that the
deviation or alternative design is equivalent to the technical standard.
2. The owner or operator of a construction activity, that requires SMPs in
accordance with Part III.C., must design the practices to meet the applicable
sizing criteria in Part II.C.2.a., b., c., or d.
a. Sizing Criteria for New Development
i. Runoff Reduction Volume (RRv) and Water Quality Volume (WQv):
1. Reduce the total WQv by application of RR techniques and
standard SMPs with RRv capacity. The total WQv must be
calculated in accordance with the criteria in Section 4.2 of
the DM; or
23
Part II.C.2.a.i.2.
2. Minimum RRv and Treatment of Remaining Total WQv:
Construction activities that cannot meet the requirements in
Part II.C.2.a.i.1. due to site limitations must direct runoff from
all newly constructed impervious areas to a RR technique or
standard SMP with RRv capacity unless infeasible. The
specific site limitations that prevent the reduction of 100% of
the WQv must be documented in the SWPPP. For each
impervious area that is not directed to a RR technique or
standard SMP with RRv capacity, the SWPPP must include
documentation which demonstrates that all options were
considered and for each option explains why it is considered
infeasible.
In no case shall the runoff reduction achieved from the
newly constructed impervious areas be less than the
Minimum RRv as calculated using the criteria in Section
4.4 of the DM. The remaining portion of the total WQv that
cannot be reduced must be treated by application of
standard SMPs.
ii. Channel Protection Volume (CPv): Provide 24 hour extended
detention of the post-developed 1-year, 24-hour storm event,
remaining after runoff reduction. Where a CPv control orifice is
provided, the minimum orifice size must be 3 inches, with
acceptable external trash rack or orifice protection. The CPv
requirement does not apply when:
1. Reduction of the entire CPv is achieved by application of
runoff reduction techniques or infiltration systems; or
2. The 1-year post-development peak discharge is less than or
equal to 2.0 cfs without detention or velocity controls; or
3. The site directly discharges into a fifth order or larger water
body (stream, river, or lake), or tidal waters, where the
increase in smaller flows will not impact the stream bank or
channel integrity. However, the point of discharge must be
adequately protected against scour and erosion by the
increased peak discharge.
24
Part II.C.2.a.iii.
iii. Overbank Flood Control Criteria (Qp): Requires storage to
attenuate the post-development 10-year, 24-hour peak discharge
rate (Qp) to predevelopment rates. The Qp requirement does not
apply when:
1. the site directly discharges to tidal waters or fifth order or
larger streams, or
2. A downstream analysis reveals that overbank control is not
required.
iv. Extreme Flood Control Criteria (Qf): Requires storage to attenuate
the post-development 100-year, 24-hour peak discharge rate (Qf)
to predevelopment rates. The Qf requirement does not apply when:
1. the site directly discharges to tidal waters or fifth order or
larger streams, or
2. A downstream analysis reveals that overbank control is not
required.
b. Sizing Criteria for New Development in Enhanced Phosphorus
Removal Watersheds
i. Runoff Reduction Volume (RRv) and Water Quality Volume (WQv):
1. Reduce the WQv by application of RR techniques and
standard SMPs with RRv capacity. The total WQv is the
runoff volume from the 1-year, 24-hour design storm over
the post-developed watershed and must be calculated in
accordance with the criteria in Section 4.3 of the DM; or
2. Minimum RRv and Treatment of Remaining Total WQv:
Construction activities that cannot meet the criteria in Part
II.C.2.b.i.1. due to site limitations must direct runoff from all
newly constructed impervious areas to a RR technique or
standard SMP with RRv capacity unless infeasible. The
specific site limitations that prevent the reduction of 100% of
the WQv must be documented in the SWPPP. For each
impervious area that is not directed to a RR technique or
standard SMP with RRv capacity, the SWPPP must include
25
Part II.C.2.b.i.2.
documentation which demonstrates that all options were
considered and for each option explains why it is considered
infeasible.
In no case shall the runoff reduction achieved from the
newly constructed impervious areas be less than the
Minimum RRv as calculated using the criteria in Section
4.5 of the DM. The remaining portion of the total WQv that
cannot be reduced must be treated by application of
standard SMPs.
ii. Channel Protection Volume (CPv): Provide 24 hour extended
detention of the post-developed 1-year, 24-hour storm event,
remaining after runoff reduction. Where a CPv control orifice is
provided, the minimum orifice size must be 3 inches, with
acceptable external trash rack or orifice protection. The CPv
requirement does not apply when:
1. Reduction of the entire CPv is achieved by application of
runoff reduction techniques or infiltration systems; or
2. The 1-year post-development peak discharge is less than or
equal to 2.0 cfs; or
3. The site directly discharges to tidal waters, or a fifth order or
larger water body (stream, river, or lake) where the increase
in smaller flows will not impact the stream bank or channel
integrity. However, the point of discharge must be
adequately protected against scour and erosion by the
increased peak discharge.
iii. Overbank Flood Control Criteria (Qp): Requires storage to
attenuate the post-development 10-year, 24-hour peak discharge
rate (Qp) to predevelopment rates. The Qp requirement does not
apply when:
1. the site directly discharges to tidal waters or fifth order or
larger streams; or
2. A downstream analysis reveals that overbank control is not
required.
26
Part II.C.2.b.iv.
iv. Extreme Flood Control Criteria (Qf): Requires storage to attenuate
the post-development 100-year, 24-hour peak discharge rate (Qf)
to predevelopment rates. The Qf requirement does not apply when:
1. the site directly discharges to tidal waters or fifth order or
larger streams; or
2. A downstream analysis reveals that overbank control is not
required.
c. Sizing Criteria for Redevelopment Activity
L Water Quality Volume (WQv): The WQv treatment objective for
redevelopment activity must be addressed by one of the following
options, as outlined in Section 9.2.1. Redevelopment activities
located in an Enhanced Phosphorus Removal Watershed (see Part
III.B.3. and Appendix C) must calculate the WQv in accordance
with Section 4.3 of the DM. All other redevelopment activities must
calculate the WQv in accordance with Section 4.2 of the DM.
1. Reduce the existing impervious cover by a minimum of 25%
of the total disturbed, impervious area. The Soil Restoration
criteria in Section 5.1.6 of the DM must be applied to all
newly created pervious areas; or
2. Capture and treat 100% of the required WQv, for a minimum
of 25% of the disturbed redevelopment impervious area, by
implementation of standard SMPs or reduced by application
of runoff reduction techniques; or
3. Capture and treat 100% of the required WQv, for a minimum
of 75% of the disturbed redevelopment impervious area, by
implementation of a volume-based alternative SMP, as
defined in Section 9.4 of the DM; or
4. Capture and treat 100% of the required WQv, for a minimum
of 75% of the disturbed redevelopment impervious area, by
implementation of a flow-through alternative SMP sized to
treat the peak rate of runoff from the WQv design storm; or
27
Part II.C.2.c.i.5.
5. Application of a combination of 1 through 4 above that
provide a weighted average of at least two of the above
methods. Application of this method must be in accordance
with the criteria in Section 9.2.1(A)(V) of the DM; or
6. If there is an existing SMP located on the site that captures
and treats runoff from the impervious area that is being
disturbed, the WQv treatment option selected must, at a
minimum, provide treatment equal to the treatment that was
being provided by the existing practice(s) if that treatment is
greater than the treatment required by options 1 through 5
above.
ii. Channel Protection Volume (CPv) is not required if there is 0%
change to hydrology that increases the discharge rate and volume
from the project site.
iii. Overbank Flood Control (Qp) is not required if there is 0% change
to hydrology that increases the discharge rate from the project site.
iv. Extreme Flood Control (Qf) is not required if there is 0% change to
hydrology that increases the discharge rate from the project site.
d. Sizing Criteria for Combination of Redevelopment Activity and New
Development
Construction projects, that include both new development and redevelopment
activity, must use SMPs that meet the sizing criteria calculated as an
aggregate of the sizing criteria in Part II.C.2.a. or b. for the new development
portion of the project and Part II.C.2.c. for the redevelopment activity portion
of the project.
Part III. Stormwater Pollution Prevention Plan (SWPPP)
A. General SWPPP Requirements
1. A SWPPP must be prepared and implemented by the owner or operator of all
construction activity covered by this permit. All authorized discharges must be
identified in the SWPPP. The SWPPP must document the selection, design,
installation, implementation and maintenance of the control measures and
28
Part III.A.1.
practices that will be used to meet the effluent limitations in Part II.B. and,
where applicable, the SMP requirements in Part II.C.
2. The SWPPP must demonstrate consideration in narrative format of the future
physical risks due to climate change pursuant to the Community Risk and
Resiliency Act (CRRA), 6 NYCRR Part 490, and associated guidance.
a. The owner or operator must consider:
i. the following physical risks due to climate change;
(i) increasing temperature; and
(ii) increasing precipitation; and
(iii) increasing variability in precipitation, including chance of
drought; and
(iv) increasing frequency and severity of flooding; and
(v) rising sea level; and
(vi) increasing storm surge; and
(vii) shifting ecology,
ii. for each of the following:
(i) overall site planning; and
(ii) location, elevation, and sizing of:
a. control measures and practices; and
b. conveyance system(s); and
c. detention system(s).
3. The SWPPP must describe the erosion and sediment control practices and
where required, SMPs that will be used and/or constructed to reduce the
pollutants in stormwater discharges and to assure compliance with the
29
Part III.A.3.
requirements of this permit. In addition, the SWPPP must identify potential
sources of pollution which may reasonably be expected to affect the quality of
stormwater discharges.
4. All SWPPPs, that require the SMP component in accordance with Part
III.B.2., must be prepared by a qualified professional.
5. The owner or operator must keep the SWPPP current so that, at all times, it
accurately documents the erosion and sediment control practices that are
being used or will be used during construction, and all SMPs that will be
constructed on the site. At a minimum, the owner or operator must modify the
SWPPP, including construction drawings:
a. whenever the current provisions prove to be ineffective in minimizing
pollutants in stormwater discharges from the site; and
b. whenever there is a change in design, construction, or operation at the
construction site that has or could have an effect on the discharge of
pollutants; and
c. to address issues or deficiencies identified during an inspection by the
qualified inspector, NYSDEC, or other regulatory authority; and
d. to document the final construction conditions in an as-built drawing.
6. NYSDEC may notify the owner or operator at any time that the SWPPP does
not meet one or more of the minimum requirements of this permit. The
notification must be in writing and identify the provisions of the SWPPP that
require modification. Within fourteen (14) calendar days of such notification,
or as otherwise indicated by NYSDEC, the owner or operator must make the
required changes to the SWPPP and submit written notification to NYSDEC
that the changes have been made. If the owner or operator does not respond
to NYSDEC's comments in the specified time frame, NYSDEC may suspend
the owner's or operator's coverage under this permit or require the owner or
operator to obtain coverage under an individual SPDES permit in accordance
with Part II.D.4.
7. Prior to the commencement of construction activity, the owner or operator
must identify the contractor(s) and subcontractor(s) that will be responsible for
installing, constructing, repairing, replacing, inspecting, and maintaining the
erosion and sediment control practices included in the SWPPP and the
30
Part III.A.7,
contractor(s) and subcontractor(s) that will be responsible for constructing the
SMPs included in the SWPPP. The owner or operator must have each of the
contractors and subcontractors identify at least one person from their
company to be trained contractor that will be responsible for implementation
of the SWPPP. The owner or operator must ensure that at least one trained
contractor is on site daily when soil disturbance activities are being
performed.
The owner or operator must have each of the contractors and subcontractors
identified above sign a copy of the following certification statement below
before the commencement of construction activities:
"I hereby certify under penalty of law that I understand and agree to
comply with the requirements of the SWPPP and agree to implement any
corrective actions identified by the qualified inspector during a site
inspection. I also understand that the owner or operator must comply with
the requirements of the most current version of the New York State
Pollutant Discharge Elimination System (SPDES) Construction General
Permit (CGP) for Stormwater Discharges from Construction Activities and
that it is unlawful for any person to cause or contribute to a violation of
water quality standards. Furthermore, I am aware that there are significant
penalties for submitting false information, that I do not believe to be true,
including the possibility of fine and imprisonment for knowing violations"
In addition to providing the certification statement above, the certification
page must also identify the specific elements of the SWPPP that each
contractor and subcontractor will be responsible for and include the name and
title of the person providing the signature; the name and title of the trained
contractor responsible for SWPPP implementation; the name, address and
telephone number of the contracting firm; the address (or other identifying
description) of the site; and the date the certification statement is signed. The
owner or operator must attach the certification statement(s) to the copy of the
SWPPP that is maintained at the construction site. If new or additional
contractors are hired to implement measures identified in the SWPPP after
the commencement of construction activities, they must also sign the
certification statement and provide the information listed above prior to
performing construction activities.
31
Part III.B.
B. Required SWPPP Contents
1. Erosion and sediment control component - The owner or operator must
prepare a SWPPP that includes erosion and sediment control practices.
a. Erosion and sediment control practices must be designed:
i. in conformance with the BB; or
ii. equivalent to the BB if deviating from Part III.B.1.a.i.
b. If the erosion and sediment control practices are designed in conformance
with Part III.B.1.a.ii., the SWPPP must include a demonstration of
equivalence to the BB.
c. At a minimum, the erosion and sediment control component of the
SWPPP must include the following:
i. Background information about the scope of the project, including
the location, type and size of project; and
ii. A site map/construction drawing(s) with north arrows for the project,
including a general location map. At a minimum, the site map must
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s); floodplain/floodway boundaries;
wetlands and drainage patterns that could be affected by the
construction activity; existing and final contours; locations of
different soil types with boundaries; material, waste, borrow or
equipment storage areas located on adjacent properties; and
location(s) of the stormwater discharge(s) and receiving surface
water(s); and
iii. A description of the soil(s) present at the site, including an
identification of the Hydrologic Soil Group (HSG); and
iv. A phasing plan for the project and sequencing plans for all phases,
both of which must address clearing and grubbing, excavation and
grading, utility and infrastructure installation, final stabilization,
32
Part III.B.1.c.iv.
and any other construction activity at the site that will result in soil
disturbance.
1. The phasing plan must include:.
a. a map delineating and labeling the limits of soil
disturbance for all phases of a project; and
b. a table identifying the order and intended schedule of
when each phase will begin and end its sequencing
plan. The table must identify the total disturbed area
for each phase at any one time and the total disturbed
area for the overall project at any one time all on one
timeline showing all overlapping quantities of
disturbed area at any one time; and
2. A sequencing plan for a specific phase must include:
a. a table indicating the order and intended schedule of
construction activities within a phase, and
corresponding construction drawings with a
description of the work to be performed; and
b. all permanent and temporary stabilization measures;
and
v. A description of the minimum erosion and sediment control
practices to be installed or implemented for each construction
activity that will result in soil disturbance. Include a schedule that
identifies the timing of initial placement or implementation of each
erosion and sediment control practice and the minimum time
frames that each practice should remain in place or be
implemented; and
vi. A site map/construction drawing(s) showing the specific location(s),
size(s), and length(s) of each erosion and sediment control
practice; and
vi. The dimensions, material specifications, installation details, and
operation and maintenance requirements for all erosion and
sediment control practices. Include the location and sizing of any
33
Part III.B.1.c.vii.
temporary sediment basins and structural practices that will be
used to divert flows from exposed soils; and
viii. A maintenance inspection schedule for the contractor(s) and
subcontractor(s) identified in Part III.A.7. to ensure continuous and
effective operation of the erosion and sediment control practices.
The maintenance inspection schedule must be in accordance with
the requirements in the BB technical standard; and
ix. A description of the pollution prevention measures that will be used
to control litter, construction chemicals and construction debris from
becoming a pollutant source in the stormwater discharges; and
x. A description and location of any stormwater discharges associated
with industrial activity other than construction at the site, including,
but not limited to, stormwater discharges from asphalt plants and
concrete plants located on the construction site; and
A. Identification of any elements of the design that are not in
conformance with the design criteria in the BB technical standard.
Include the reason for the deviation or alternative design and
provide information which demonstrates that the deviation or
alternative design is equivalent to the technical standard.
2. SMP component— The owner or operator of construction activity identified in
Table 2 of Appendix B must prepare a SWPPP that includes SMPs.
a. SMPs must be designed in conformance with the applicable sizing criteria
in Part II.C.2.a., c., or d.; and
b. SMPs must be designed in conformance with the performance criteria.
i. in the DM; or
ii. equivalent to the DM if deviating from Part III.B.2.b.i.; or
iii. in the New York State Stormwater Management Design Manual,
dated January 2015 (2015 Design Manual), or equivalent to it, if the
following criteria are met:
34
Part III.B.2.b.iii.1.
1. The eNO1 is submitted in accordance with Part I.D. before
January 29, 2027 for construction activities that are either:
a. subject to governmental review and approval;
i. where the owner or operator made any
application to that governmental entity prior to
the effective date of this permit; and
ii. such application included a SWPPP developed
using the 2015 Design Manual or equivalent to
it; or
b. not subject to governmental review and approval:.
i. where a fiscal allocation for the construction
activities has been developed and approved by
a governmental entity; and
ii. the SWPPP was developed using the 2015
Design Manual or equivalent to it; and
c. If SMPs are designed in conformance with Part III.B.2.b.ii., the SWPPP
must include the reason(s) for the deviation or alternative design and a
demonstration of equivalence to the DM; and
d. If SMPs are designed in conformance with Part III.B.2.b.iii., the SWPPP
must include supporting information or documentation demonstrating that
Part III.B.2.b.iii.1.a. or b. apply; and
e. The SMP component of the SWPPP must include the following:
i. Identification of all SMPs to be constructed as part of the project,
including which option the SMP designs conform to, either Part
III.B.2.b.i., ii., or iii. Include the dimensions, material specifications
and installation details for each SMP; and
ii. A site map/construction drawing(s) showing the specific location
and size of each SMP; and
35
Part III.B.2.e.iii.
iii. A Stormwater Modeling and Analysis Report that includes:
(i) Map(s) showing pre-development conditions, including
watershed/subcatchments boundaries, flow
paths/routing, and design points; and
(ii) Map(s) showing post-development conditions, including
watershed/subcatchments boundaries, flow
paths/routing, design points and SMPs; and
(iii) Results of stormwater modeling (i.e. hydrology and
hydraulic analysis) for the required storm events. Include
supporting calculations (model runs), methodology, and a
summary table that compares pre- and post-development
runoff rates and volumes for the different storm events;
and
(iv) Summary table, with supporting calculations, which
demonstrates that each SMP has been designed in
conformance with the sizing criteria included in the DM;
and
(v) Identification of any sizing criteria that is not required
based on the requirements included in Part II.C.; and
(vi) Identification of any elements of the design that are not in
conformance with the performance criteria in the DM.
Include the reason(s) for the deviation or alternative
design and provide information which demonstrates that
the deviation or alternative design is equivalent to the
DM.
iv. Soil testing results and locations (test pits, borings); and
v. Infiltration test results, when required in accordance with Part
III.B.2.a.; and
vi. An operations and maintenance plan that includes inspection and
maintenance schedules and actions to ensure continuous and
effective operation of each SMP. The plan must identify the entity
36
Part III.B.2.e.vi.
that will be responsible for the long-term operation and
maintenance of each practice; and
3. Enhanced Phosphorus Removal Standards - The owner or operator of
construction activity identified in Table 2 of Appendix B that is located in a
watershed identified in Appendix C must prepare a SWPPP that includes
SMPs designed in conformance with the applicable sizing criteria in Part
II.C.2.b., c., or d. and the performance criteria Enhanced Phosphorus
Removal Standards included in the DM. At a minimum, the SMP component
of the SWPPP must meet the requirements of Part III.B.2.
C. Required SWPPP Components by Project Type
Owners or operators of construction activities, identified in Table 1 of Appendix
B, are required to prepare a SWPPP that only includes erosion and sediment
control practices designed in accordance with Part I11.B.1. Owners or operators of
the construction activities, identified in Table 2 of Appendix B, must prepare a
SWPPP that also includes SMPs designed in accordance with Part 111.B.2 or 3.
For the entire area of disturbance, including the entire common plan of
development or sale if applicable, the owner or operator must evaluate every
bullet from Appendix B Table 1 and Table 2 separately. If bullets from both Table
1 and Table 2 apply, the SWPPP must include erosion and sediment control
practices for all construction activities but SMPs for only those portions of the
construction activities that fall under Table 2 bullet(s).
Part IV. Inspection and Maintenance Requirements
A. General Construction Site Inspection and Maintenance Requirements
1. The owner or operator must ensure that all erosion and sediment control
practices (including pollution prevention measures), and all SMPs identified in
the SWPPP, are inspected and maintained in accordance with Part IV.B. and
C.
B. Contractor Maintenance Inspection Requirements
1. The owner or operator of each construction activity, identified in Tables 1 and
2 of Appendix B, must have a trained contractor inspect the erosion and
sediment control practices and pollution prevention measures being
37
Part IV.B.1,
implemented within the active work area daily to ensure that they are being
maintained in effective operating condition at all times. If deficiencies are
identified, the contractor must:
a. if the corrective action does not require engineering design:
i. begin implementing corrective actions within one business day; and
ii. complete the corrective actions within five business days; or
b. if the corrective action requires engineering design:
i. begin the engineering design process within five business days;
and
ii. complete the corrective action in a reasonable time frame but no
later than within 60 calendar days.
2. For construction sites where soil disturbance activities have been temporarily
suspended (e.g. winter shutdown) and temporary stabilization measures have
been applied to all disturbed areas, the trained contractor can stop conducting
the maintenance inspections in accordance with Part IV.B.1. The trained
contractor must begin conducting the maintenance inspections in accordance
with Part IV.13.1. as soon as soil disturbance activities resume.
3. For construction sites where soil disturbance activities have been shut down
with partial project completion, the trained contractor can stop conducting the
maintenance inspections in accordance with Part IV.B.1. if all areas disturbed
as of the project shutdown date have achieved final stabilization and all SMPs
required for the completed portion of the project have been constructed in
conformance with the SWPPP and are operational.
C. Qualified Inspector Inspection Requirements
1. With the exception of the following construction activities identified in Tables 1
and 2 of Appendix B, a qualified inspector must conduct site inspections for
all other construction activities identified in Tables 1 and 2 of Appendix B:
a. the construction of a single-family residential subdivision with 25% or less
impervious cover at total site build-out that involves a soil disturbance of
one (1) or more acres of land but less than or equal to five (5) acres and is
38
Part IV.C.1.a.
not located in one of the watersheds listed in Appendix C and not directly
discharging to one of the 303(d) segments listed in Appendix D; and
b. the construction of a single-family home that involves soil disturbances of
one (1) or more acres but less than or equal to five (5) acres and is not
located in one of the watersheds listed in Appendix C and not directly
discharging to one of the 303(d) segments listed in Appendix D; and
c. construction on agricultural property that involves soil disturbances of one
(1) or more acres but less than five (5) acres; and
d. construction activities located in the New York City Watershed located
east of the Hudson River, see Appendix C Figure 1, that involve soil
disturbances of 5,000 square feet or more, but less than one acre.
2. The qualified inspector must conduct site inspections in accordance with the
following timetable:
a. For construction sites where soil disturbance activities are on-going, the
qualified inspector must conduct a site inspection at least once every
seven (7) calendar days; or
b. For construction sites where soil disturbance activities are on-going and
the owner or operator has received authorization in accordance with Part
I.E.6. to disturb greater than five (5) acres of soil at any one time, the
qualified inspector must conduct at least two (2) site inspections every
seven (7) calendar days. The two (2) inspections must be separated by a
minimum of two (2) full calendar days; or
c. For construction sites where soil disturbance activities have been
temporarily suspended (e.g. winter shutdown) and temporary stabilization
measures have been applied to all disturbed areas, the qualified inspector
must conduct a site inspection at least once every thirty (30) calendar
days. The owner or operator must notify the DOW Water (SPDES)
Program contact at the Regional Office (see contact information in
Appendix E) or, in areas under the jurisdiction of a Traditional Land Use
Control MS4 Operator, the Traditional Land Use Control MS4 Operator
(provided the Traditional Land Use Control MS4 Operator is not the owner
or operator of the construction activity) by hard copy or email prior to
reducing the inspections to this frequency and again by hard copy or email
prior to re-commencing construction; or
39
Part IV.C.2.d.
d. For construction sites where soil disturbance activities have been shut
down with partial project completion, the requirement to have the qualified
inspector conduct inspections ceases if all areas disturbed as of the
project shutdown date have achieved final stabilization and all SMPs
required for the completed portion of the project have been constructed in
conformance with the SWPPP and are operational. The owner or operator
must notify the DOW Water (SPDES) Program contact at the Regional
Office (see contact information in Appendix E) or, in areas subject to the
review authority of Traditional Land Use Control MS4 Operator(s) in
accordance with Part I.D.2.b.ii.1., the Traditional Land Use Control MS4
Operator(s) (provided the Traditional Land Use Control MS4 Operator(s)
are not the owners or operators of the construction activity) in writing prior
to the shutdown and again in writing prior to resuming construction
activity. If soil disturbance activities are not resumed within 2 years from
the date of shutdown, the owner or operator must terminate coverage by
meeting the requirements of Part V; or
e. For construction sites involving soil disturbance of one (1) or more acres
that directly discharge to one of the 303(d) segments listed in Appendix D
or is located in one of the watersheds listed in Appendix C, the qualified
inspector must conduct at least two (2) site inspections every seven (7)
calendar days. The two (2) inspections must be separated by a minimum
of two (2) full calendar days.
3. At a minimum, the qualified inspector must inspect:
a. all erosion and sediment control practices and pollution prevention
measures to ensure integrity and effectiveness; and
b. all SMPs under construction to ensure that they are constructed in
conformance with the SWPPP; and
c. all areas of disturbance that have not achieved final stabilization; and
d. all points of discharge to surface waters of the State located within, or
immediately adjacent to, the property boundaries of the construction site;
and
e. all points of discharge from the construction site..
40
Part IV.C.4.
4. The qualified inspector must prepare an inspection report subsequent to each
and every inspection. At a minimum, the inspection report must include and/or
address all of the following, for all construction activities except those listed in
Part IV.C.1.:
a. Permit identification number; and
b, Date and time of inspection; and
c. Name and title of person(s) performing inspection; and
d. A description of the weather and soil conditions (e.g. dry, wet, saturated)
at the time of the inspection, including the temperature at the time of the
inspection; and
e. A description of the condition of the runoff at all points of discharge from
the construction site. This must include identification of any discharges of
sediment from the construction site. Include discharges from conveyance
systems (i.e. pipes, culverts, ditches, etc.) and overland flow; and
f. A description of the condition of all surface waters of the State located
within, or immediately adjacent to, the property boundaries of the
construction site which receive runoff from disturbed areas. This must
include identification of any discharges of sediment to the surface waters
of the State; and
g. Identification of all erosion and sediment control practices and pollution
prevention measures that need repair or maintenance; and
h. Identification of all erosion and sediment control practices and pollution
prevention measures that were not installed properly or are not functioning
as designed and need to be reinstalled or replaced; and
i. Description and sketch (map) of areas with active soil disturbance activity,
areas that have been disturbed but are inactive at the time of the
inspection, and areas that have been stabilized (temporary and/or final)
since the last inspection; and
j. Estimates, in square feet or acres, of the following areas:
41
Part IV.C.4.j.i.
i. Total area with active soil disturbance (not requiring either
temporary stabilization or final stabilization); and
ii. Total area with inactive soil disturbance (requiring either temporary
stabilization or final stabilization); and
iii. Total area that has achieved temporary stabilization; and
iv. Total area that has achieved final stabilization; and
k. Current stage of construction of all SMPs and identification of all
construction activity on site that is not in conformance with the SWPPP
and technical standards; and
1. Corrective action(s) that must be taken to install, repair, replace or
maintain erosion and sediment control practices and pollution prevention
measures; and to correct deficiencies identified with the construction of
the SMP(s); and
m. Identification and status of all corrective actions that were required by
previous inspection; and
n. Digital photographs, with date stamp, that clearly show the condition of all
practices that have been identified as needing corrective actions. The
qualified inspector must attach color copies of the digital photographs to
the inspection report being maintained onsite within seven (7) calendar
days of the date of the inspection. The qualified inspector must also take
digital photographs, with date stamp, that clearly show the condition of the
practice(s) after the corrective action has been completed. The qualified
inspector must attach paper color copies of the digital photographs to the
inspection report that documents the completion of the corrective action
work within seven (7) calendar days of that inspection.
5. Within one business day of the completion of an inspection, the qualified
inspector must notify the owner or operator, and appropriate contractor or
subcontractor identified in Part III.A.7., of any corrective actions that need to
be taken. The contractor or subcontractor must:
a.. if the corrective action does not require engineering design:
42
Part IV.C.5.a.i.
i. begin implementing corrective actions within one business day; and
ii. complete the corrective actions within five business days; or
b. if the corrective action requires engineering design:
i. begin the engineering design process within five business days;
and
ii. complete the corrective action in a reasonable time frame but no
later than within 60 calendar days.
6. All inspection reports must be signed by the qualified inspector. In
accordance with Part I.E.3., the inspection reports must be maintained on site
with the SWPPP.
Part V. How to Terminate CGP Coverage
A. Electronic Notice of Termination (eNOT) Submittal
The eNOT contains questions to ensure requirements in Part V.A. have been
met.
1 . An owner or operator must terminate coverage when one or more of the
following requirements have been met:
a. Total project completion:
i. all construction activity identified in the SWPPP has been
completed; and
ii. all areas of disturbance have achieved final stabilization; and
iii. all temporary, structural erosion and sediment control measures
have been removed; and
iv. all SMPs have been constructed in conformance with the SWPPP
and are operational; and
v. an as-built drawing has been prepared; or
43
Part V.A.1.b.
b. Planned shutdown with partial project completion,
i. all soil disturbance activities have ceased; and
ii. all areas disturbed as of the project shutdown date have achieved
final stabilization; and
iii. all temporary, structural erosion and sediment control measures
have been removed; and
iv. all SMPs required for the completed portion of the project have
been constructed in conformance with the SWPPP and are
operational; and
v. an as-built drawing has been prepared; or
c. In accordance with Part I.G. Change of Owner or Operator; or
d. The owner or operator has obtained coverage under an alternative
general SPDES permit or an individual SPDES permit.
2. For construction activities that require qualified inspector inspections in
accordance with Part N.C.1. and have met Part V.A.1.a. or b., the owner or
operator must have the qualified inspector perform a final site inspection prior
to submitting the eNOT. The qualified inspector must, by signing the "Final
Stabilization" and "Post-Construction Stormwater Management Practice(s)"
certification statements on the eNOT, certify that all the requirements in Part
V.A.1.a. or b. have been achieved.
3. For construction activities that are subject to the review authority of
Traditional Land Use Control MS4 Operator(s) in accordance with Part
I.D.2.b.ii.1. and meet Part V.A.1.a. or b., the owner or operator must have the
Traditional Land Use Control MS4 Operator(s) sign the "MS4 Acceptance"
statement on the eNOT in accordance with the requirements in Part VII.J. A
Traditional Land Use Control MS4 Operator official, by signing this statement,
determined that it is acceptable for the owner or operator to submit the eNOT
in accordance with the requirements of this Part. A Traditional Land Use
Control MS4 Operator can make this determination by performing a final site
inspection themselves or by accepting the qualified inspector's final site
inspection certification(s) when required in Part V.A.2.
44
Part V.A.4.
4. For construction activities that require SMPs and meet Part V.A.1.a. orb., the
owner or operator must, prior to submitting the eNOT, ensure one of the
following:
a. for SMP(s) that were constructed by a private entity, but will be owned,
operated, and maintained by a public entity, the SMP(s) and any right-of-
way(s) needed to operate and maintain such practice(s) have been
deeded to the municipality in which the practice(s) is located; or
b. for SMP(s) that are privately owned, but will be operated and maintained
by a public entity, an executed operation and maintenance agreement is in
place with the municipality that will operate and maintain the SMP(s); or
c. for SMP(s) that are privately owned, the owner or operator has a
mechanism in place that requires operation and maintenance of the
practice(s) in accordance with the operation and maintenance plan, such
as a deed covenant in the owner or operator's deed of record; or
d. for SMP(s) that are owned by a public or private institution (e.g. school,
university, hospital), government agency or authority, or public utility, the
owner or operator has policies and procedures in place that ensure
operation and maintenance of the practices in accordance with the
operation and maintenance plan.
5. An owner or operator that has met the requirements of Part V.A.1., 2., 3., and 4.
must request termination of coverage under this permit by submitting a complete
Notice of Termination form electronically using a NYSDEC approved form.5
a. The owner's or operator's coverage is terminated as of the termination
date indicated in the Letter of Termination (LOT), which is sent by
NYSDEC after a complete eNOT is submitted.
5 Unless NYSDEC grants a waiver in accordance with 40 CFR 127.15(c) or(d). All waiver requests must
be submitted to Stormwater_info@dec.ny.gov or NYSDEC, Bureau of Water Permits, 625 Broadway, 4�h
Floor, Albany, New York 12233-3505.
45
Part VI.
Part VI. Record Retention and Reporting
A. Record Retention
The owner or operator must retain a copy of the documents listed in Part I.E.3. and a
copy of the LOT for a period of at least five years from the date that NYSDEC
accepts a complete NOT submitted in accordance with Part V.
B. Reporting
Except for the eNO1, the signature forms associated with the eNO1, and the eNOT,
all other written correspondence requested by NYSDEC, including individual permit
applications, must be sent to the address of the appropriate DOW (SPDES) Program
contact at the Regional Office listed in Appendix E.
Part VII. Standard Permit Requirements
For the purposes of this permit, examples of contractors and subcontractors include:
third-party maintenance and construction contractors.
A. Duty to Comply
The owner or operator, and all contractors or subcontractors, must comply with all
requirements of this permit. Any non-compliance with the requirements of this permit
constitutes a violation of the New York State Environmental Conservation Law
(ECL), and its implementing regulations, and is grounds for enforcement action.
Filing of a request for termination of coverage under this permit, or a notification of
planned changes or anticipated non-compliance, does not limit, diminish or stay
compliance with any requirements of this permit.
B. Need to Halt or Reduce Activity Not a Defense
The necessity to halt or reduce the construction activity regulated by this permit, in
order to maintain compliance with the requirements of this permit, must not be a
defense in an enforcement action.
C. Penalties
There are substantial criminal, civil, and administrative penalties associated with
violating the requirements of this permit. Fines of up to $37,500 per day for each
46
Part VII.C.
violation and imprisonment for up to 15 years may be assessed depending upon the
nature and degree of the offense.
D. False Statements
Any person who knowingly makes any false material statement, representation, or
certification in any application, record, report, or other document filed or required to
be maintained under this permit, including monitoring reports or reports of
compliance or noncompliance must, upon conviction, be punished in accordance
with ECL §71-1933 and or New York State Penal Law Articles 175 and 210.
E. Re-Opener Clause
Upon issuance of this permit, a determination has been made on the basis of a
submitted Notice of Intent, plans, or other available information, that compliance with
the specified permit requirements will reasonably protect classified water use and
assure compliance with applicable water quality standards. Satisfaction of the
requirements of this permit notwithstanding, if operation pursuant to this permit
causes or contributes to a condition in contravention of State water quality standards
or guidance values, or if NYSDEC determines that a modification is necessary to
prevent impairment of the best use of the waters or to assure maintenance of water
quality standards or compliance with other provisions of ECL Article 17 or the Clean
Water Act (CWA), or any regulations adopted pursuant thereto, NYSDEC may
require such modification and the Commissioner may require abatement action to be
taken by the owner or operator and may also prohibit such operation until the
modification has been implemented.
F. Duty to Mitigate
The owner or operator, and its contractors and subcontractors, must take all
reasonable steps to minimize or prevent any discharge in violation of this permit
which has a reasonable likelihood of adversely affecting human health or the
environment.
G. Requiring Another General Permit or Individual SPDES Permit
NYSDEC may require any owner or operator authorized to discharge in accordance
with this permit to apply for and obtain an individual SPDES permit or apply for
authorization to discharge in accordance with another general SPDES permit.
1. Cases where an individual SPDES permit or authorization to discharge in
accordance with another general SPDES permit may be required include, but is
not limited to the following:
47
Part VII.G.1.a.
a. the owner or operator is not in compliance with the conditions of this
permit or does not meet the requirements for coverage under this permit;
and
b. a change has occurred in the availability of demonstrated technology or
practices for the control or abatement of pollutants applicable to the point
source; and
c. new effluent limitation guidelines or new source performance standards
are promulgated that are applicable to point sources authorized to
discharge in accordance with this permit; and
d. existing effluent limitation guidelines or new source performance
standards that are applicable to point sources authorized to discharge in
accordance with this permit are modified; and
e. a water quality management plan containing requirements applicable to
such point sources is approved by NYSDEC; and
f. circumstances have changed since the time of the request to be covered
so that the owner or operator is no longer appropriately controlled under
this permit, or either a temporary or permanent reduction or elimination of
the authorized discharge is necessary; and
g. the discharge is in violation of section 17-0501 of the ECL; and
h. the discharge(s) is a significant contributor of pollutants. In making this
determination, NYSDEC may consider the following factors:
i. the location of the discharge(s) with respect to surface waters of the
State; and
ii. the size of the discharge(s); and
iii. the quantity and nature of the pollutants discharged to surface
waters of the State; and
iv. other relevant factors including compliance with other provisions of
ECL Article 17, or the CWA.
2. When NYSDEC requires any owner or operator authorized by this permit to apply
for an individual SPDES permit as provided for in this subdivision, it must notify
the owner or operator in writing that a permit application is required. This notice
must include a brief statement of the reasons for this decision, an application
48
Part VII.G.2.
form, a statement setting a time for the owner or operator to file the application
for an individual SPDES permit, and a deadline, not sooner than 180 days from
the owner's or operator's receipt of the notification letter, whereby the
authorization to discharge under this permit must be terminated. NYSDEC may
grant additional time upon demonstration, to the satisfaction of the RWE,6 that
additional time to apply for an alternative authorization is necessary or where
NYSDEC has not provided a permit determination in accordance with 6 NYCRR
Part 621.
3. When an individual SPDES permit is issued to an owner or operator authorized
to discharge under this permit for the same discharge(s), this permit authorization
for construction activities authorized under the individual SPDES permit is
automatically terminated on the effective date of the individual SPDES permit
unless termination is earlier in accordance with 6 NYCRR Part 750.
H. Duty to Provide Information
The owner or operator must furnish to NYSDEC, within five business days,
unless otherwise set forth by NYSDEC, any information that NYSDEC may request
to determine whether cause exists to determine compliance with this permit or to
determine whether cause exists for requiring an individual SPDES permit in
accordance with 6 NYCRR 750-1.21(e) (see Part VII.G. Requiring Another General
Permit or Individual Permit).
The owner or operator must make available to NYSDEC, for inspection and copying,
or furnish to NYSDEC within 25 business days of receipt of a NYSDEC request for
such information, any information retained in accordance with this permit.
Except for Part I.D.4. and 5. and Part I.G., the following applies: where the owner or
operator becomes aware that it failed to submit any relevant facts on the Notice of
Intent, or submitted incorrect information in a Notice of Intent or in any report to
NYSDEC, the owner or operator must submit such facts or corrected information to
NYSDEC within five business days.
I. Extension
In the event a new permit is not issued and effective prior to the expiration of this
permit, and this permit is extended pursuant to the State Administrative Procedure
Act and 6 NYCRR Part 621, then the owner or operator with coverage under this
permit may continue to operate and discharge in accordance with the requirements
of this permit until a new permit is issued and effective.
6 The Regional Water Manager where a DEC Region does not have a RWE.
49
Part VII.J.
J. Signatories and Certification
The Notice of Intent, Notice of Termination, and reports required by this permit must
be signed as provided in 40 CFR §122.22.
1. All Notices of Intent and Notices of Termination must be signed as follows..
a. For a corporation. By a responsible corporate officer. For the purpose of
this section, a responsible corporate officer means:
(i) a president, secretary, treasurer, or vice-president of the corporation
in charge of a principal business function, or any other person who
performs similar policy- or decision-making functions for the
corporation; or
(ii) the manager of one or more manufacturing, production or operating
facilities, provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility
including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other
comprehensive measures to assure long term environmental
compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions
taken to gather complete and accurate information for Notice of Intent
or Notice of Termination requirements; and where authority to sign
documents has been assigned or delegated to the manager in
accordance with corporate procedures.
Note: NYSDEC does not require specific assignments or delegations of
authority to responsible corporate officers identified in 40 CFR
§122.22(a)(1)(i). NYSDEC will presume that these responsible corporate
officers have the requisite authority to sign the Notice of Intent or Notice of
Termination unless the corporation has notified NYSDEC to the contrary.
Corporate procedures governing authority to sign a Notice of Intent or
Notice of Termination may provide for assignment or delegation to
applicable corporate positions under 40 CFR §122.22(a)(1)(ii) rather than
to specific individuals.
b. For a partnership or sole proprietorship. By a general partner or the
proprietor, respectively.
50
Part VII.J.1.c.
c. For a municipality, State, Federal, or other public agency. By either a
principal executive officer or ranking elected official. For purposes of this
section, a principal executive officer of a Federal agency includes:
1. the chief executive officer of the agency; or
Z a senior executive officer having responsibility for the overall
operations of a principal geographic unit of the agency (e.g.,
Regional Administrators of EPA).
2. All reports required by this permit, and other information requested by
NYSDEC, must be signed by a person described in Part VII.J.1., or by a duly
authorized representative of that person. A person is a duly authorized
representative only if:
a. The authorization is made in writing by a person described in Part VII.J.1.
or using the Duly Authorized Form, found on the DEC website; and
b. The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly
authorized representative may thus be either a named individual or any
individual occupying a named position); and
c. The written authorization is submitted to NYSDEC.
3. Changes to authorization. If an authorization under Part VII.J.2. is no longer
accurate because a different individual or position has responsibility for the
overall operation of the construction activity, a new authorization satisfying
the requirements of Part VII.J.2. must be submitted to NYSDEC prior to or
together with any reports, information, or applications to be signed by an
authorized representative.
4. Certification. Any person signing a document under Part VII.J.1. or 2. must
make the following certification:
1 certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
51
Part VII.J.4.
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.
5. Electronic reporting. If documents described in Part VII.J.1. or 2. are
submitted electronically by or on behalf of the construction activity with
coverage under this permit, any person providing the electronic signature for
such documents must meet all relevant requirements of this section, and
must ensure that all of the relevant requirements of 40 CFR Part 3 (including,
in all cases, subpart D to Part 3) (Cross-Media Electronic Reporting) and 40
CFR Part 127 (NPDES Electronic Reporting Requirements) are met for that
submission.
K. Inspection and Entry
The owner or operator must allow NYSDEC, the USEPA Regional Administrator, the
applicable county health department, or any authorized representatives of those
entities, or, in the case of a construction site which discharges through an MS4, an
authorized representative of the MS4 receiving the discharge, upon the presentation
of credentials and other documents as may be required by law, to:
1. enter upon the owner's or operator's premises where a regulated facility or
activity is located or conducted or where records must be kept under the
requirements of this permit; and
2. have access to and copy at reasonable times, any records that must be kept
under the requirements of this permit, including records required to be
maintained for purposes of operation and maintenance; and
3. inspect at reasonable times any facilities, equipment (including monitoring
and control equipment), practices or operations regulated or required under
this permit; and
4. sample or monitor at reasonable times, for the purposes of assuring general
SPDES permit compliance or as otherwise authorized by the CWA or ECL,
any substances or parameters at any location; and
5. enter upon the property of any contributor to the regulated facility or activity
under authority of the owner or operator.
52
Part VILL.
L. Confidentiality of Information
The following must not be held confidential: this permit, the fact sheet for this permit,
the name and address of any owner or operator, effluent data, the Notice of Intent,
and information regarding the need to obtain an individual permit or an alternative
general SPDES permit. This includes information submitted on forms themselves
and any attachments used to supply information required by the forms (except
information submitted on usage of substances). Upon the request of the owner or
operator, NYSDEC must make determinations of confidentiality in accordance with 6
NYCRR Part 616, except as set forth in the previous sentence. Any information
accorded confidential status must be disclosed to the Regional Administrator upon
his or her written request. Prior to disclosing such information to the Regional
Administrator, NYSDEC will notify the Regional Administrator of the confidential
status of such information.
M. Other Permits May Be Required
Nothing in this permit relieves the owner or operatorfrom a requirement to obtain
any other permits required by law.
N. NYSDEC Orders or Civil Decrees/Judgments
The issuance of this permit by the NYSDEC, and the coverage under this permit by
the owner or operator, does not supersede, revoke, or rescind any existing order on
consent or civil Decree/Judgment, or modification to any such documents or to any
order issued by the Commissioner, or any of the terms, conditions, or requirements
contained in such order or modification therefore, unless expressly noted.
O. Property Rights
Coverage under this permit does not convey any property rights in either real or
personal property, or any exclusive privileges, nor does it authorize any injury to
private property or any invasion of personal rights, nor any infringement of Federal,
State, or local laws or regulations, nor does it obviate the necessity of obtaining the
assent of any other jurisdiction as required by law for the discharge authorized.
P. Compliance with Interstate Standards
If the construction activity covered by this permit originates within the jurisdiction of
an interstate water pollution control agency, then the construction activity must also
comply with any applicable effluent standards or water quality standards
promulgated by that interstate agency and as set forth in this permit for such
construction activities.
53
Part VII.Q.
Q. Oil and Hazardous Substance Liability
Coverage under this permit does not affect the imposition of responsibilities upon, or
the institution of any legal action against, the owner or operator under section 311 of
the CWA, which must be in conformance with regulations promulgated pursuant to
section 311 governing the applicability of section 311 of the CWA to discharges from
facilities with NPDES permits, nor must such issuance preclude the institution of any
legal action or relieve the owner or operator from any responsibilities, liabilities, or
penalties to which the owner or operator is or may be subject pursuant to the
Comprehensive Environmental Response, Compensation and Liability Act of 1980,
42 U.S.C. section 9601 et seq. (CERCLA).
R. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstance, is held invalid, the
application of such provision to other circumstances, and the remainder of this
permit, must not be affected thereby.
S. NYSDEC Approved Forms
The owner or operator must provide all relevant information that is requested by
NYSDEC, and required by this permit, on all NYSDEC approved forms.
54
Appendix A
APPENDIX A—Abbreviations and Definitions
Abbreviations
APO — Agency Preservation Officer
BB — New York State Standards and Specifications for Erosion and Sediment Control
(Blue Book), dated November 2016
BMP — Best Management Practice
CPESC — Certified Professional in Erosion and Sediment Control
CPv — Channel Protection Volume
CWA — Clean Water Act (or the Federal Water Pollution Control Act, 33 U.S.C. §1251 et
seq)
DM — New York State Stormwater Management Design Manual (Design Manual), dated
July 31, 2024
DOW— Division of Water
EAF — Environmental Assessment Form
ECL — chapter 43-B of the Consolidated Laws of the State of New York, entitled the
Environmental Conservation Law
EPA — U.S. Environmental Protection Agency
HSG — Hydrologic Soil Group
MS4 — Municipal Separate Storm Sewer System
NOI — Notice of Intent
NOT — Notice of Termination
NPDES — National Pollutant Discharge Elimination System
NYC — The City of New York
NYCDEP — The City of New York Department of Environmental Protection
NYSDEC — The New York State Department of Environmental Conservation
OPRHP — Office of Parks, Recreation and Historic Places
Qf— Extreme Flood
Qp — Overbank Flood
RR — Runoff Reduction
RRv — Runoff Reduction Volume
RWE — Regional Water Engineer
SEQR — State Environmental Quality Review Act
SHPA — State Historic Preservation Act
SMP — Post-Construction Stormwater Management Practice
SPDES — State Pollutant Discharge Elimination System
SWPPP — Stormwater Pollution Prevention Plan
TMDL — Total Maximum Daily Load
UPA — Uniform Procedures Act
USDA — United States Department of Agriculture
WQv— Water Quality Volume
55
Appendix A
Definitions
All definitions in this section are solely for the purposes of this permit. If a word is not
italicized in the permit, use its common definition..
Agricultural Building — a structure designed and constructed to house farm
implements, hay, grain, poultry, livestock or other horticultural products; excluding any
structure designed, constructed or used, in whole or in part, for human habitation, as a
place of employment where agricultural products are processed, treated or packaged,
or as a place used by the public.
Agricultural Property — the land for construction of a barn, agricultural building, silo,
stockyard, pen or other structural practices identified in Table II in the "Agricultural Best
Management Practice Systems Catalogue" (dated June 2023).
Alter Hydrology from Pre- to Post-Development Conditions — the post-development
peak flow rate(s) has increased by more than 5% of the pre-developed condition for the
design storm of interest (e.g. 10 yr and 100 yr).
Combined Sewer System — a sewer system which conveys sewage and stormwater
through a single pipe system to a publicly owned treatment works.
Commence (Commencement of) Construction Activities —the initial disturbance of
soils associated with clearing, grading or excavation activities; or other construction
related activities that disturb or expose soils such as demolition, stockpiling of fill
material, and the initial installation of erosion and sediment control practices required in
the SWPPP. See definition for "Construction Activity(ies)" also.
Common Plan of Development or Sale — a contiguous area where multiple separate
and distinct construction activities are occurring, or may occur, under one plan. The
"common plan" of development or sale is broadly defined as any announcement or
piece of documentation (including a sign, public notice or hearing, marketing plan,
advertisement, drawing, permit application, State Environmental Quality Review Act
(SEQR) environmental assessment form or other documents, zoning request, computer
design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor
markings, etc.) indicating construction activities may occur on a specific plot. A common
plan of development or sale is comprised of two or more phases.
Common plan of development or sale does not include separate and distinct
construction activities that are occurring, or may occur, under one plan that are at least
1/4 mile apart provided any interconnecting road, pipeline or utility project that is part of
the same "common plan" is not concurrently being disturbed.
56
Appendix A
Construction Activity(ies) — identified within 40 CFR 122.26(b)(14)(x),
122.26(b)(15)(i), and 122.26(b)(15)(ii), any clearing, grading, excavation, filling,
demolition or stockpiling activities that result in soil disturbance. Clearing activities can
include, but are not limited to, mechanized logging equipment operation, the cutting and
skidding of trees, stump removal and/or brush root removal.
Construction activity does not include routine maintenance that is performed to maintain
the original line and grade, hydraulic capacity, or original purpose of a facility, which is
excluded from the calculation of the soil disturbance for a project. Routine maintenance
includes, but is not limited to:
• Re-grading of gravel roads or parking lots; and
• Cleaning and shaping of existing roadside ditches and culverts that maintains
the approximate original line and grade, and maintains or improves the
hydraulic capacity of the ditch; and
• Replacement of existing culverts that maintains the approximate original line
and grade, and maintains or improves the hydraulic capacity of a ditch; and
• Replacement of existing bridges that maintains the approximate original line
and grade, and maintains or improves the hydraulic capacity beneath the
bridges; and
• Cleaning and shaping of existing roadside ditches that does not maintain the
approximate original grade, hydraulic capacity and purpose of the ditch if the
changes to the line and grade, hydraulic capacity or purpose of the ditch are
installed to improve water quality and quantity controls (e.g. installing grass
lined ditch); and
■ Placement of aggregate shoulder backing that stabilizes the transition between
the road shoulder and the ditch or embankment; and
• Full depth milling and filling of existing asphalt pavements, replacement of
concrete pavement slabs, and similar work that does not expose soil or disturb
the bottom six (6) inches of subbase material; and
• Long-term use of equipment storage areas at or near highway maintenance
facilities; and
• Removal of sediment from the edge of the highway to restore a previously
existing sheet-flow drainage connection from the highway surface to the
highway ditch or embankment; and
• Existing use of Canal Corp owned upland disposal sites for the canal, and
• Replacement of curbs, gutters, sidewalks and guide rail posts; and
• Maintenance of ski trails including brush hog use and mowing; and
• Above ground snowmaking pipe replacement; and
• Replacement of existing utility poles; etc.
Construction Site —the land area where construction activity(ies) will occur. See also
the definitions for "Commence (Commencement of) Construction Activities"and
"Common Plan of Development or Sale."
57
Appendix A
Dewatering — the act of draining rainwater and/or groundwater from building
foundations, vaults or excavations/trenches.
Directly Discharge(s)(ing) (to a specific surface waterbody) — runoff flows from a
construction site by overland flow and the first point of discharge is the specific surface
waterbody, or runoff flows from a construction site to a separate storm sewer system
and the first point of discharge from the separate storm sewer system is the specific
surface waterbody.
Discharge(s)(d) — any addition of any pollutant to waters of the State through an outlet
or point source.
Embankment— an earthen or rock slope that supports a road/highway.
Equivalent (Equivalence) — the practice or measure meets all the performance,
longevity, maintenance, and safety objectives of the technical standard and will provide
an equal or greater degree of water quality protection.
Final Stabilization — all soil disturbance activities have ceased and a uniform, perennial
vegetative cover with a density of eighty (80) percent over the entire pervious surface
has been established; or other equivalent stabilization measures, such as permanent
landscape mulches, rock rip-rap or washed/crushed stone have been applied on all
disturbed areas that are not covered by permanent structures, concrete or pavement.
Historic Property — any building, structure, site, object or district that is listed on the
State or National Registers of Historic Places or is determined to be eligible for listing on
the State or National Registers of Historic Places.
Impervious Area (Cover) — all impermeable surfaces that cannot effectively infiltrate
rainfall. This includes paved, concrete and compacted gravel surfaces (i.e. parking lots,
driveways, roads, runways and sidewalks); building rooftops and miscellaneous
impermeable structures such as patios, pools, and sheds.
Infeasible — not technologically possible, or not economically practicable and
achievable considering best industry practices.
Minimize(ing)(ation) — reduce and/or eliminate to the extent achievable using control
measures (including best management practices) that are technologically available and
economically practicable and achievable in light of best industry practices.
Municipal Separate Storm Sewer System (MS4) - a conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, man-made channels, or storm drains):
58
Appendix A
1. owned or operated by a State, city, town, village, borough, county, parish,
district, association, or other public body (created by or pursuant to State
law) having jurisdiction over disposal of sewage, industrial wastes,
stormwater, or other wastes, including special districts under State law such
as a sewer district, flood control district or drainage district, or similar entity,
or an Indian tribe or an authorized Indian tribal organization, or a designated
and approved management agency under section 208 of the CWA, that
discharges to surface waters of the State; and
2. designed or used for collecting or conveying stormwater, and
3. which is not a combined sewer system; and
4. which is not part of a Publicly Owned Treatment Works (POTW) as defined
at 40 CFR 122.2.
Natural Buffer(s) — an undisturbed area with natural cover running along a surface
water (e.g. wetland, stream, river, lake, etc.).
New Development— any land disturbance that does not meet the definition of
Redevelopment Activity included in this appendix.
New York State Erosion and Sediment Control Certificate Program — a certificate
program that establishes and maintains a process to identify and recognize individuals
who are capable of developing, designing, inspecting and maintaining erosion and
sediment control plans on projects that disturb soils in New York State. The certificate
program is administered by the New York State Conservation District Employees
Association.
Nonpoint Source(s) — any source of water pollution or pollutants which is not a discrete
conveyance or point source permitted pursuant to Title 7 or 8 of Article 17 of the
Environmental Conservation Law (see ECL Section 17-1403).
Overbank—flow events that exceed the capacity of the stream channel and spill out
into the adjacent floodplain.
Owner or Operator—the person, persons, or legal entity which owns or leases the
property on which the construction activity is occurring; an entity that has operational
control over the construction plans and specifications, including the ability to make
modifications to the plans and specifications; and/or an entity that has day-to-day
operational control of those activities at a project that are necessary to ensure
compliance with the permit requirements.
59
Appendix A
Performance Criteria —the six performance criteria for each group of SMPs in
Chapters 5 and 6 of the technical standard, New York State Stormwater Management
Design Manual (DM), dated July 31, 2024. These include feasibility, conveyance,
pretreatment, treatment, landscaping, and maintenance. It does not include the Sizing
Criteria (i.e. WQv, RRv, CPv, Qp and Qf) in Part I.C.2. of the permit.
Phase — a defined area in which construction activities are occurring or will occur
separate from other defined area(s).
Point Source — any discernible, confined, and discrete conveyance, including but
not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container,
rolling stock, concentrated animal feeding operation, vessel or other floating craft, or
landfill leachate collection system from which pollutants are or may be discharged.
Pollutant(s) — dredged spoil, filter backwash, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal,
agricultural waste and ballast discharged into water; which may cause or might
reasonably be expected to cause pollution of the waters of the state in contravention of
the standards or guidance values adopted as provided in 6 NYCRR Parts 700 et seq.
Qualified Inspector— a person that is knowledgeable in the principles and practices of
erosion and sediment control, such as a licensed Professional Engineer, Certified
Professional in Erosion and Sediment Control (CPESC), Registered Landscape
Architect, New York State Erosion and Sediment Control Certificate Program holder or
other NYSDEC endorsed individual(s).
It can also mean someone working under the direct supervision of, and at the same
company as, the licensed Professional Engineer or Registered Landscape Architect,
provided that person has training in the principles and practices of erosion and sediment
control. Training in the principles and practices of erosion and sediment control means
that the individual working under the direct supervision of the licensed Professional
Engineer or Registered Landscape Architect has received four (4) hours of NYSDEC
endorsed training in proper erosion and sediment control principles from a Soil and
Water Conservation District, or other NYSDEC endorsed entity. After receiving the initial
training, the individual working under the direct supervision of the licensed Professional
Engineer or Registered Landscape Architect shall receive four (4) hours of training
every three (3) years.
It can also mean a person that meets the Qualified Professional qualifications in
addition to the Qualified Inspector qualifications.
Note: Inspections of any SMPs that include structural components, such as a dam for
an impoundment, shall be performed by a licensed Professional Engineer.
60
Appendix A
Qualified Professional — a person that is knowledgeable in the principles and practices
of stormwater management and treatment, such as a licensed Professional Engineer,
Registered Landscape Architect or other NYSDEC endorsed individual(s). Individuals
preparing SWPPPs that require the SMP component must have an understanding of the
principles of hydrology, water quality management practice design, water quantity
control design, and, in many cases, the principles of hydraulics. All components of the
SWPPP that involve the practice of engineering, as defined by the NYS Education Law
(see Article 145), shall be prepared by, or under the direct supervision of, a professional
engineer licensed to practice in the State of New York,
Redevelopment Activity(ies) —the disturbance and reconstruction of existing
impervious area, including impervious areas that were removed from a project site
within five (5) years of preliminary project plan submission to the local government (i.e..
site plan, subdivision, etc.).
Renewable Energy — electricity or thermal energy generated by renewable energy
systems through use of the following technologies: solar thermal, photovoltaics, on land
and offshore wind, hydroelectric, geothermal electric, geothermal ground source heat,
tidal energy, wave energy, ocean thermal, and fuel cells which do not utilize a fossil fuel
resource in the process of generating electricity.
Site Limitations — site conditions that prevent the use of an infiltration technique and or
infiltration of the total WQv. Typical site limitations include: seasonal high groundwater,
shallow depth to bedrock, and soils with an infiltration rate less than 0.5 inches/hour.
The existence of site limitations shall be confirmed and documented using actual field
testing (i.e. test pits, soil borings, and infiltration test) or using information from the most
current United States Department of Agriculture (USDA) Soil Survey for the County
where the project is located.
Sizing Criteria —the criteria included in Part I.C.2 of the permit that are used to size
SMPs. The criteria include; Water Quality Volume (WQv), Runoff Reduction Volume
(RRv), Channel Protection Volume (Cpv), Overbank Flood (Qp), and Extreme Flood
(Qf).
Steep Slope — land area designated on the current United States Department of
Agriculture (USDA) Soil Survey as Soil Slope Phase D, (provided the map unit name or
description is inclusive of slopes greater than 25%), or Soil Slope Phase E or F,
(regardless of the map unit name), or a combination of the three designations.
Stormwater—that portion of precipitation that, once having fallen to the ground, is in
excess of the evaporative or infiltrative capacity of soils, or the retentive capacity of
surface features, which flows or will flow off the land by surface runoff to waters of the
State.
61
Appendix A
Streambank— the terrain alongside the bed of a creek or stream. The bank consists of
the sides of the channel, between which the flow is confined.
Stormwater Pollution Prevention Plan (SWPPP) — a project specific report, including
construction drawings, that among other things: describes the construction activity(ies),
identifies the potential sources of pollution at the construction site; describes and shows
the stormwater controls that will be used to control the pollutants (i.e. erosion and
sediment controls; for many projects, includes SMPs); and identifies procedures the
owner or operator will implement to comply with the requirements of the permit. See
Part III of the permit for a complete description of the information that must be included
in the SWPPP.
Surface Waters of the State — shall be construed to include lakes, bays, sounds,
ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes,
inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and
all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt,
public or private (except those private waters that do not combine or effect a junction
with natural surface waters), which are wholly or partially within or bordering the state or
within its jurisdiction. Waters of the state are further defined in 6 NYCRR Parts 800 to
941.
Temporarily Ceased — an existing disturbed area will not be disturbed again within 14
calendar days of the previous soil disturbance.
Temporary Stabilization — exposed soil has been covered with material(s) as set forth
in the technical standard, New York Standards and Specifications for Erosion and
Sediment Control, to prevent the exposed soil from eroding. The materials can include,
but are not limited to, mulch, seed and mulch, and erosion control mats (e.g. jute twisted
yarn, excelsior wood fiber mats).
Total Maximum Daily Load (TMDL) — the sum of the allowable loads of a single
pollutant from all contributing point and nonpoint sources. It is a calculation of the
maximum amount of a pollutant that a waterbody can receive and still meet water
quality standards, and an allocation of that amount to the pollutant's sources. A TMDL
stipulates Waste Load Allocations (WLA) for point source discharges, Load Allocations
(LA) for nonpoint sources, and a margin of safety (MOS).
Traditional Land Use Control MS4 Operator— a city, town, or village with land use
control authority that is authorized to discharge under New York State DEC's SPDES
General Permit For Stormwater Discharges from Municipal Separate Stormwater Sewer
Systems (MS4s) or the City of New York's Individual SPDES Permit for their Municipal
Separate Storm Sewer Systems (NY-0287890).
Trained Contractor— an employee from the contracting (construction) company,
identified in Part III.A.7., that has received four (4) hours of NYSDEC endorsed training
62
Appendix A
in proper erosion and sediment control principles from a Soil and Water Conservation
District, or other NYSDEC endorsed entity. After receiving the initial training, the trained
contractor shall receive four (4) hours of training every three (3) years.
It can also mean an employee from the contracting (construction) company, identified in
Part I I I.A.7., that meets the qualified inspector qualifications (e.g. licensed Professional
Engineer, Certified Professional in Erosion and Sediment Control (CPESC), Registered
Landscape Architect, New York State Erosion and Sediment Control Certificate
Program holder, or someone working under the direct supervision of, and at the same
company as, the licensed Professional Engineer or Registered Landscape Architect,
provided they have received four (4) hours of NYSDEC endorsed training in proper
erosion and sediment control principles from a Soil and Water Conservation District, or
other NYSDEC endorsed entity).
The trained contractor is responsible for the day-to-day implementation of the SWPPP.
Tree Clearing — construction activities limited to felling and removal of trees.
Tree clearing does not include hand felling and leaving the trees in place with no
support from mechanized equipment, which is not considered construction activity
requiring coverage under this permit.
Water Quality Standard — such measures of purity or quality for any waters in relation
to their reasonable and necessary use as promulgated in 6 NYCRR Part 700 et seq.
63
Appendix B
APPENDIX B — Required SWPPP Components by Project Type
Table 1
CONSTRUCTION ACTIVITIES THAT REQUIRE THE PREPARATION OF A SWPPP
THAT ONLY INCLUDES EROSION AND SEDIMENT CONTROLS
The following construction activities that involve soil disturbances of one (1) or more acres of
land, but less than five (5) acres:
• Single-family home not located in one of the watersheds listed in Appendix C and not directly
discharging to one of the 303(d) segments listed in Appendix D
• Single-family residential subdivisions with 25% or less impervious cover at total site build-out and
not, located in one of the watersheds listed in Appendix C and not directly discharging to one of the
303(d) segments listed in Appendix D
• Construction of a barn or other agricultural building, silo, stock yard or pen.
• Structural agricultural conservation practices as identified in Table II in the "Agricultural Best
Management Practice Systems Catalogue" (dated June 2023)that include construction or
reconstruction of impervious area or alter hydrology from pre-to post-development conditions.
The following construction activities that involve soil disturbances between five thousand (5000)
square feet and one (1) acre of land:
• All construction activities located in the New York City Watershed located east of the Hudson River,
see Appendix C Figure 1, that involve soil disturbances between five thousand (5,000) square feet
and one (1) acre of land.
Within the municipal boundaries of NYC:
• Stand-alone road reconstruction, where the total soil disturbance from only that road construction, is
less than one (1) acre of land.
The following construction activities:
• Installation of underground linear utilities; such as gas lines, fiber-optic cable, cable TV,
electric, telephone, sewer mains, and water mains
• Environmental enhancement projects, such as wetland mitigation, stormwater retrofits, stream
restoration, and resiliency projects that reconstruct shoreline areas to address sea level rise
• Pond construction
• Linear bike paths running through areas with vegetative cover, including bike paths surfaced with an
impervious cover
• Cross-country ski trails, walking/hiking trails, and mountain biking trails, including a de minimis
parking lot(maximum 10 spaces total, sized for passenger cars)with 35 feet minimum preservation
of undisturbed area downgradient from the parking lot
• Dam rehabilitation (the structure of the dam itself)
• Sidewalks, bike paths, or walking paths, surfaced with an impervious cover, that are not part of
residential, commercial, or institutional development;
• Sidewalks, bike paths, or walking paths, surfaced with an impervious cover, that include incidental
shoulder or curb work along an existing highway to support construction of the sidewalk, bike path,
or walking path.
64
Appendix B
Table 1 (Continued)
CONSTRUCTION ACTIVITIES THAT REQUIRE THE PREPARATION OF A SWPPP
THAT ONLY INCLUDES EROSION AND SEDIMENT CONTROLS
The following construction activities:
• Slope stabilization
• Slope flattening that changes the grade of the site, but does not significantly change the runoff
characteristics
• Spoil areas that will be covered with vegetation
• Vegetated open space (i.e. recreational parks, lawns, meadows, fields, downhill ski trails)that do
not alter hydrology from pre-to post-development conditions
• Athletic fields (natural grass)that do not include the construction or reconstruction of impervious
area and do not alter hydrology from pre- to post-development conditions
• Demolition where vegetation will be established, and no redevelopment activity is planned'
• Installation or replacement of either an overhead electric transmission line or a ski lift tower that
does not include the construction of permanent access roads or parking areas surfaced with
impervious cover.
• Solar array field areas that have tables elevated off the ground, spaced one table width apart, do
not alter hydrology from pre-to post-development conditions, and address water quality volume and
runoff reduction volume by maintaining sheet flow on slopes less than 8%.
• Structural agricultural conservation practices as identified in Table II in the"Agricultural Best
Management Practice Systems Catalogue" (dated June 2023)that do not include construction or
reconstruction of impervious area and do not alter hydrology from pre- to post-development
conditions.
• Temporary access roads, median crossovers, detour roads, lanes, or other temporary impervious
areas that will be restored to pre-construction conditions once the construction activity is complete
(in this context, "temporary" means the impervious area will be in place for two years or less)
• Other construction activities that do not include the construction or reconstruction of impervious
area, and do not alter hydrology from pre- to post-development conditions, and are not listed in
Table 2.
1. If the site is redeveloped in the future,a new eNOI must be submitted.
65
Appendix B
Table 2
CONSTRUCTION ACTIVITIES THAT REQUIRE THE PREPARATION OF A SWPPP THAT INCLUDES
POST-CONSTRUCTION STORMWATER MANAGEMENT PRACTICES (SMPS)
The following construction activities:
• Single-family home located in one of the watersheds listed in Appendix C or directly discharging to
one of the 303(d) segments listed in Appendix D
• Single-family home that disturbs five (5) or more acres of land
• Single-family residential subdivisions located in one of the watersheds listed in Appendix C or
directly discharging to one of the 303(d) segments listed in Appendix D
• Single-family residential subdivisions that involve soil disturbances of between one (1) and five (5)
acres of land with greater than 25% impervious cover at total site build-out
• Single-family residential subdivisions that involve soil disturbances of between 20,000 square feet
and one (1) acre of land within the municipal boundaries of NYC with greater than 25% impervious
cover at total site build-out
• Single-family residential subdivisions that involve soil disturbances of five (5) or more acres of land,
and single-family residential subdivisions that involve soil disturbances of less than five (5) acres
that are part of a common plan of development or sale that will ultimately disturb five (5) or more
acres of land
• Multi-family residential developments; includes duplexes, townhomes, condominiums, senior
housing complexes, apartment complexes, and mobile home parks
• Creation of 5,000 square feet or more of impervious area in the municipal boundaries of NYC
• Airports
• Amusement parks
• Breweries, cideries, and wineries, including establishments constructed on agricultural land
• Campgrounds
• Cemeteries that include the construction or reconstruction of impervious area (>5% of disturbed
area)or alter the hydrology from pre- to post-development conditions
• Commercial developments
• Churches and other places of worship
• Construction of a barn or other agricultural building(e.g. silo)that involves soil disturbance greater
than five acres.
• Structural agricultural conservation practices as identified in Table II in the"Agricultural Best
Management Practice Systems Catalogue" (dated June 2023)that involves soil disturbance greater
than five acres and include the construction or reconstruction of impervious area or alter hydrology
from pre- to post-development conditions.
• Facility buildings, including ski lodges, restroom buildings, pumphouses, ski lift terminals, and
maintenance and groomer garages
• Institutional development; includes hospitals, prisons, schools and colleges
• Industrial facilities; includes industrial parks
• Landfills; including creation of landfills or capping landfills.
• Municipal facilities; includes highway garages, transfer stations, office buildings, POTWs, water
treatment plants, and water storage tanks
• Golf courses
• Office complexes
66
Appendix B
Table 2 (Continued)
CONSTRUCTION ACTIVITIES THAT REQUIRE THE PREPARATION OF A SWPPP THAT INCLUDES
POST-CONSTRUCTION STORMWATER MANAGEMENT PRACTICES (SMPS)
The following construction activities:
• Permanent laydown yards and equipment storage lots
• Playgrounds that include the construction or reconstruction of impervious area
• Sports complexes
• Racetracks; includes racetracks with earthen (dirt) surfaces
• Road construction or reconstruction, outside the municipal boundaries of NYC
• Road construction within the municipal boundaries of NYC
• Stand-alone road reconstruction, within the municipal boundaries of NYC where the total soil
disturbance from that road reconstruction involves soil disturbance of one (1)acre or more of land
• Parking lot construction or reconstruction (as with all Table 2 bullets, this includes parking lots
constructed as part of the construction activities listed in Table 1, unless a Table 1 bullet specifies
otherwise)
• Athletic fields (natural grass)that include the construction or reconstruction of impervious area
(>5% of disturbed area) or alter the hydrology from pre- to post-development conditions
• Athletic fields with artificial turf
• Permanent access roads, parking areas, substations, compressor stations, and well drilling pads,
surfaced with impervious cover, and constructed as part of an overhead electric transmission line,
wind-power, cell tower, oil or gas well drilling, sewer or water main, ski lift, or other linear utility
project
• Sidewalks, bike paths, or walking paths, surfaced with an impervious cover, that are part of a
residential, commercial or institutional development
• Sidewalks, bike paths, or walking paths, surfaced with an impervious cover, that are part of
highway construction or reconstruction
• Solar array field areas on slopes greater than 8%that cannot maintain sheet flow using
management practices identified in the BB or the DM
• Solar array field areas on slopes less than 8%that will alter the hydrology from pre- to post-
development conditions
• Solar array field areas with tables that are not elevated high enough to achieve final stabilization
beneath the tables
• Traditional impervious areas associated with solar development(e.g. roads, buildings,
transformers)
• Utility pads surfaced with impervious cover, including electric vehicle charging stations
• All other construction activities that include the construction or reconstruction of impervious area
or alter the hydrology from pre- to post-development conditions, and are not listed in Table 1
67
Appendix C
APPENDIX C —Watersheds Requiring Enhanced Phosphorus Removal
Watersheds where owners or operators of construction activities identified in
Table 2 of Appendix B must prepare a SWPPP that includes SMPs designed in
conformance with the Enhanced Phosphorus Removal Standards included in the
DM technical standard.
• Entire New York City Watershed located east of the Hudson River— Figure 1
• Onondaga Lake Watershed — Figure 2
• Greenwood Lake Watershed — Figure 3
• Oscawana Lake Watershed — Figure 4
• Kinderhook Lake Watershed — Figure 5
68
Appendix C
Figure 1 - New York City 'watershed East of the Hudson
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69
Appendix C
Figure 2 - Onondaga Luce Watershed
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70
Appendix C
Figure 3 - G�reenwoodl Lake Watershed
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71
Appendix C
Figure 4 - Oscawana Lake Watershed
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72
Appendix C
Figure 5 - Kinderhook Lake Watershed
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73
APPENDIX D — Impaired Waterbodies (by Construction Related Pollutants)
List of waterbodies impaired by pollutants related to construction activity, including turbidity,
silt/sediment, and nutrients (e.g. nitrogen, phosphorus). This list is a subset of"The Final New
York State 2018 Section 303(d) List of Impaired Waters Requiring a TMDL" dated June 2020.
County Waterbody Pollutant
Albany Ann Lee (Shakers) Pond, Stump Pond (1201-0096) Phosphorus
Albany Lawsons Lake (1301-0235) Phosphorus
Allegany Amity
' y Lake, Saunders Pond (0403-0054) ....................�.�, Phosphorus
....................._. .......................................
Allegany Andover Pond (0403-0056) Ph ..........
Bronx Reservoir No.1/Lake Isle (1702-0075) Phosphorus
............. ........ ........_. .........
Bronx Van Cortlandt Lake (1702-0008) Phosphorus
.............
Broome Blueberry, Laurel Lakes (1404-0033) Phosphorus
........_............. ................ _ ........ ........
Broome Fly Pond, Deer Lake (1404-0038) Phosphorus
Broome MinorTribs to Lower Susquehanna (0603-0044) Phosphorus ....._
Broome Whitney Point Lake/Reservoir(0602-0004) Phosphorus
Cattaraugus Allegheny River/Reservoir(0201-0023) Phosphorus
................. _..................
Cattaraugus Beaver Lake/Alma Pond (0201-0073) Phosphorus
Cattaraugus Case Lake (0201-0020) Phosphorus
Cattaraugus Linlyco/Club Pond (0201-0035) Phosphorus
.... _............................
Cayuga Duck Lake (0704-0025) Phosphorus
Cayuga Owasco Inlet, Upper, and tribs (0706-0014) Nutrients
Chautauqua Chadakoin River and tribs (0202-0018) Phosphorus
Chautauqua Hulburt/CI mer Pond 0202-0079) --��..w----®----w___________y ...._..(................_������. ) Phosphorus
...m .... ............._. .. _._ ...............................
Chautauqua Middle Cassadaga Lake (0202-0002) Phosphorus
....
Clinton Grat .
e Chazy River, Lower, Main Stem (1002-0001) Silt/Sediment
Columbia Robinson Pond (1308-0003) Phosphorus
Cortland Dean Pond (0602-0077) Phosphorus
Dutchess Fallkill Creek(1301-0087) Phosphorus
_. ...._ ......... ... _ .........
Dutchess Hillside Lake (1304-0001) Phosphorus
..._ ..._.._.._. _....
Dutchess Wappingers Lake (1305-0001) Phosphorus
.__...�._ ..._......................._ .........
Dutchess Wappingers Lake (1305-0001) Silt/Sediment
Erie Beeman Creek and tribs (0102-0030) Phosphorus
Erie Delaware Park Pond (0101-0026) Phosphorus
Erie Ellicott Creek, Lower, and tribs (0102-0018) Phosphorus
Erie Ellicott Creek, Lower, and tribs (0102-0018)-.._.�, Silt/Sediment
Erie Green Lake (0101-0038) Phosphorus
-_____�............ ) ......... ...............
(
Erie Little Sister Creek, Lower, and tribs 0104-0045 Phos horus
Erie Murder Creek, Lower, and tribs (0102-0031) Phosphorus
........... _...................... .......... _.
Erie Rush Creek and tribs (0104-0018) Phosphorus
w...._..........
Erie Scajaquada Creek, Lower, an ( ) p horus d tribs 0101-0023 Phos
Erie Scajmaquada Creek, Middle, and tribs (0101-0033) Phosphorus
Erie Scajaquada Creek, Upper, and tribs.........(010 ................_mmmITITIT
����������������������. ......................_... 01-0034) Phosphorus
Erie South Branch Smoke Cr, Lower, and tribs Phosphorus
(0101-0036) _.._._...� ...........
_ .'
Erie
South 0101-0036)h Smoke Cr, Lower, and tribs
( Silt/Sediment
.................................
Genesee Bigelow Creek and tribs (0402-0016) Phosphorus
............ _ ................
Genesee Black Creek, Middle, and minor tribs(0402 0028) Phosphorus
................. _.
Genesee Black Creek, Upper, and minor tribs (0402-0048) Phosphorus
Genesee Bowen Brook and tribs (0102-0036) Phosphorus
Genesee LeRoy Reservoir(0402-0003) Phosphorus
Genesee Mill Pond (0402-0050) Phosphorus
Genesee Oak Orchard Cr, Upper, and tribs (0301-0014) Phosphorus
Genesee Creek, Middle,
G Oatka 0 ... ......_ �.
and minor tribs (0402-0031) Phosphorus
Genessee Tonawanda Cr, Middle, Main Stem 0102-0002 Phosphorus
..... _....._........._. _.......... .... .......
Greene Schoharie Reservoir(1202-0012) Silt/Sediment
Greene SleepyHollow Lake 1301-0059 Silt/Sediment( ) ent
Herkimer Steele Creek tribs 1201-0197 Phosphorus
horus
_... ............... _.............
Herkimer Steele Creek trib_s (1201-0197) Silt/Sediment
Kings Hendrix Creek 1701-0006 18 Nitrogen
g ....... �. .- ( ) gen
....g....... ......... .._ _......
Kings Prospect Park Lake (1701-0196) Phosphorus
_. _. ...........
Lewis Mill Creek/South Branch, and tribs (0801-0200) Nutrients
Livingston
Livin Christie Creek g ....... and tribs (0402-0060) ; Phosphorus
Livingston Conesus Lake (0402-0004) Phosphorus
Livingston Mill Creek and minor tribs (0404-0011) Silt/Sediment
...prow ........ _....._._.
Monroe Black Creek, Lower, and minor tribs (0402-0033) Phosphorus
._.._.._._ ..............._ __.
Monroe Buck Pond (0301-0017) Phosphorus
Monroe Cranberry Pond (0301-0016) Phosphorus
Monroe Durand, Eastman Lakes (0302-0037) Phosphorus
......_._._. �.
Monroe Lake Ontario Shoreline,Western (0301-0069) 9 Phosphorus
Monroe.. Long Pond (0301-0015) Phosphorus
........... ......._._. ............................_... ......__ ....�
Monroe Mill Creek and tribs (0302-0025) Phosphorus 2
................._ . ...m a........................_......
Monroe Mill Creek/Blue Pond Outlet and tribs (0402-0049) Phosphorus
__- __... ....__... ......
Monroe Minor Tribs to Irondequoit Bay(0302-0038) Phosphorus
Monroe R East ...... _.
Rochester Embayment- Et (0302-0002) [9j Phosphorus
Monroe Rochester Embayment-West (0301-0068) 9 Phosphorus
Monroe Shipbuilders Creek and tribs (0302-0026) Phosphorus 2
Monroe Thomas Creek/White� —.__. mmmmmmmmmmmmmITIT m
Brook and tribs (0302-0023) Phosphorus
75
__ ....._._. _ .. _.._.._.._.._._.
Nassau Bannister Creek/Bay(1701-0380) Nitrogen
Nassau Beaver Lake (1702-0152) Phosphorus
Nassau Browswere Bay(1701-0383) Nitrogen
Nassau Camaans Pond (1701-0052) Phosphorus
.................
Nassau East Meadow Brook, Upper, and tribs (1701-0211) Silt/Sediment
........ ........� �...........__............
Nassau East Rockaway Channel (1701-0381) Nitrogen
......... ........
Nassau Glen Cove Creek, Lower, and tribs (1702-0146) Silt/Sediment
Nassau Grant Park Pond (1701-0054) Phosphorus
.................... p Y ....... ........ ................_.
Nassau Hempstead Bay, Broad Channel (1701-0032) Nitrogen
_. ..
Nassau Hempstead Lake (1701-0015) Phosphorus
Nassau Hewlett WBa 1701-0382 �mmmmmIT_.
y( ) Nitrogen
Nassau Hog Island Channel (1701-0220) Nitrogen
......... ............... .
Nassau Massapequa Creek, Upper, and tribs (1701-0174) Phosphorus
.�. ............................ . ...._
Milburn/Parsonage Creeks, Upp, and tribs (1701-
Nassau Phosphorus
212)
Nassau Reynolds Channel, East(1701-0215) [12] Nitrogen
Nassau Reynolds Channel, West (1701-0216) 12 Nitrogen
_..............._._ ..... . .......................____.._.._....m...
Nassau Tidal Tribs to Hempstead Bay (1701-0218) Nitrogen
_.... ............. _� ........................_ _ ..................
Nassau Tribs fresh to East Bay 1701-0204 Silt/Sediment
(fresh) Y( )
Nassau Tribs (fresh)to East Bay(1701-0204) Phosphorus
.... ... ......
....
....�
Nassau Tribs to Smith Pond/Halls Pond (1701-0221) Phosphorus
...................._........_._.._. ................................_ _... .
Nassau Woodmere Channel (1701-0219) Nitrogen
_. ..... ........-
New York Harlem Meer(1702-0103) Phosphorus
... n.... ......_�............- ............................._..........
New York The Lake in
Central Park(1702-0105) Phosphorus
..........---- _-
Niagara Bergholtz Creek and tribs (0101-0004) Phosphorus
Niagara Hyde Park Lake (0101-0030) Phosphorus
Niagara Lake Ontario Shoreline,Western (0301-0053) 9 Phosphorus
............ ... ..._ . ...
Niagara Lake Ontario Shoreline,Western (0301-0072) 9 Phosphorus
Oneida Ballou, Nail Creeks (1201-0203) Phosphorus
_...........-- ............._-. ..............
Onondaga Ley Creek and tribs (0702-0001) 10 Nutrients
(phosphorus)
_._. ._.-.................. ....
Onondaga Minor Tribs to Onondaga Lake (0702-0022) 10 Nutrients
(phosphorus)
Onondaga Minor Tribs to Onondaga Lake (0702-0022) 10 Nitrogen (NH3, NO2)
Onondaga Onondaga Creek, Lower(0702-0023) 10 Nutrients
....... ... _...... �mmITITITITmm
................ (phosph o
rus)....._m
Onondaga Onondaga Creek, Lower, and tribs (0702-0023) Turbidity
............................
Onondaga Onondaga Creek, Middle, and tribs (0702-0004) Turbidity
.............................................
Onondaga Onondaga Creek, Upper, and tribs (0702-0024) Turbidity
( ...)............................................... --_ p
Ontario Great Brook and minor tribs 0704-0034 Phosphorus 2
.................._ ...... ...... _....-_..
Ontario Great Brook and minor tribs (0704-0034) Silt/Sediment
........................ 7. ._ __......................................
Ontario Hemlock Lake Outlet and minor tribs (0402-0013) Phosphorus
Ontario Honeoye Lake (0402-0032) Phosphorus
Orange Brown Pond Reservoir(1303-0013) Phosphorus
Orange Lake Washington (1303-0012) Phosphorus
..............._......
..................
Orange Minor Tribs to Middle Wallkill (1306-0061) Phosphorus
_.............. _ ........_ ...........
Orange Monhagen Brook and tribs(1306-0074) Phosphorus
Orange Orange Lake (1301-0008) [16] Phosphorus
—
_._.._.._. _
Orange Quaker Creek and tribs (1306-0025) Phosphorus
Orange Wallkill River, Middle, Main Stem (1306-0038) Phosphorus
Orange Wallkill River, Upper, and Minor tribs (1306-0017) Phosphorus
... ( ) .........._ p
Orleans Glenvwood Lake 0301-0041 Phosphorus
Orleans Lake.......
Ontario Shoreline, Western (0301 0070) 9 Phosphorus
Orleans Lake Ontario _ .._.............
Shoreline, Western (0301-0071) 9 Phosphorus
Oswego Lake Neatahwanta (0701-0018) Nutrients
. .
Oswego Pleasant Lake (0703-0047) Phosphorus
Putnam Lost Lake, Putnam Lake (1302-0053) Phosphorus
........................._.._.
Putnam Minor Tribs to Croton Falls Reservoir(1302-0001) Phosphorus
...............................
Queens Bergen Basin (1701-0009) 18 Nitrogen
.......
Jamaica Bay, Eastern, and tribs, Queens (1701-
Queens 0005) 18 Nitrogen
Queens Kissena Lake (1702-0258) Phosphorus
_. .......................
Queens Meadow Lake (1702-0030) Phosphorus
...__ ..._......... . ......................
Queens Shellbank Basin (1701-0001) 18 Nitrogen
......... ............. ............................_......
____.
Queens Willow Lake (1702-0031) Phosphorus
Rensselaer Nassau Lake (1310-0001) Phosphorus
............ .__�...
Rensselaer Snyders Lake (1301-0043) Phosphorus
Richmond Gra... ... ... _.........s
ssmere Lake/Bradys Pond (1701-0357) Phosphorus
Rockland Congers Lake, Swartout Lake (1501-0019) Phosphorus
Rockland Rockland Lake (1501-0021) Phosphorus
.......................
Saratoga Ballston Lake (1101-0036) Phosphorus
Saratoga Dwaas Kill and tribs (1101-0007) Phosphorus
� m. _ .... .......................
Saratoga Dwaas Kill and trib ................................ ..............
Saratoga Lake Lonely(1101-0034) Phosphorus
Saratoga Round Lake (1101-0060) Phosphorus
Saratoga Tribs to Lake Lonely(1101-0001) Phosphorus
Schenectady Collins Lake (1201-0077) Phosphorus
.....................
�._.............
Schenectady Duane Lake (1311-0006) Phosphorus
u_.............
Schenectady Lake Mariaville Lake (1201-0113) Phosphorus
Schuyler Cayuta Lake (0603-0005) Phosphorus
77
Seneca _ _-_. Reeder Creek and tribs (0705-0074) 1 Phosphorus
........ .................._ ......___ ....
St.Lawrence Black Lake Outlet Black Lake (0906-0001) Phosphorus
St.Lawrence Fish Creek and minor tribs (0906-0026) Phosphorus
Steuben Smith Pond (0502-0012) Phosphorus
...... ._._._._.
Suffolk Agawam Lake (1701-0117) Phosphorus
Suffolk Big/Little Fresh Ponds (1701-0125) Phosphorus
........
Suffolk Canaan Lake (1701-0018) Phosphorus
_.......... .........
Suffolk Canaan Lake (1701-0018) Silt/Sediment
_._._. ............. ........ ...
Suffolk Fresh Pond (1701-0241) Phosphorus
...... . ......... ..................
Suffolk Great South Bay, East(1701-0039) Nitrogen
...... .................. ........................ _ .._..............................
Suffolk Great South Bay, Middle (1701-0040) Nitrogen
............................... ...................................................
Suffolk Great South Bay, West(1701-0173) Nitrogen
...................... ......_ _..._..._...................._
Suffolk Lake Ronkonkoma (1701-0020) Phosphorus
.......................... ....................
Suffolk Mattituck/Marratooka Pond (1701-0129) Phosphorus
Suffolk Mill and Seven Ponds (1701-0113) Phosphorus
Suffolk Millers Pond (1702-0013) Phosphorus
.......... .._.._.
Suffolk Moriches Bay, East (1701-0305) Nitrogen
w _..........._............................._ ......_........._....._
Suffolk Moriches Bay, West(1701-0038) Nitrogen
_..._....._ ............................
Suffolk Quantuck Bay (1701-0042) Nitrogen
................._...----.m_
Suffolk Shinnecock Bay and Inlet (1701-0033) Nitrogen
........_._ ...... ....................................
-.._
Suffolk Tidal Tribs to West Moriches Bay(1701-0312) Nitrogen
W_..............................
Sullivan Bodine, Mongomery Lakes (1401-0091) Phosphorus
�..__ .... ........�
Sullivan Davies Lake (1402-0047) Phosphorus
Sullivan Evens La.._._._ .................._....._...._..
Lake (1402-0004) Phosphorus
. ...
Sullivan Pleasure Lake (1402-0055) Phosphorus
..........
Sullivan Swan Lake (1401-0063) Phosphorus
Tompkins Cayuga Lake, Southern End (0705-mmmIT0040) Phosphorus
Tompkins Cayuga Lake, Southern End (0705-0040) Silt/Sediment
Ulster Ashokan Reservoir(1307-0004) Silt/Sediment
Ulster Esopus Creek, Lower, Main Stem (1307-0010) [17] Turbidity
Ulster Esopus Creek, Middle, Main Stem (1307-0003) 17 Turbidity
Ulster Esopus Creek, Upper, and minor tribs Silt/Sediment
(1307-0007)[31
Ulster Wallkill River, Lower, Main Stem (1306-0027) Phosphorus
Warren Hague Brook and tribs (1006-0006) Silt/Sediment
_............... ........ _ .._._..................__
Warren Huddle/Finkle Brooks and tribs (1006-0003) Silt/Sediment
Warren Indian Brook and tribs (1006-0002) Silt/Sediment
..................................._._ ...
Warren Lake George (1006-0016) and tribs Silt/Sediment
..._._......................................... ..................................... .................. �.
Warren Tribs to Lake George, East Shore (1006-0020) Silt/Sediment
.....��... .....................................�.. .. .......
Warren Tribs to Lake George, Lk.George Village (1006-0008) Silt/Sediment
78
_................. .... _.
Washington Wood Cr/Champlain Canal and tribs (1005-0036) Phosphorus
Westchester Lake Kato nah (1302-0136) Phosphorus
Westchester Lake Lincolndale (1302-0089) Phosphorus
�....... ..................... ...._ ................
Westchester Lake Meahagh (1301-0053) Phosphorus
Westchester Lake Mohegan (1301-0149) Phosphorus
Westchester Lake Shenorock(1302-0083) Phosphorus
Westchester Mamaroneck River, Lower(1702-0071) Silt/Sediment
................
Westchester Mamaroneck River, Upp, & minor tribs (1702-0123) Silt/Sediment
Westchester Saw Mill River(1301-0007) Phosphorus
...................... .................. ...............
Westchester Saw Mill River, Middle, and tribs (1301-0100) Phosphorus
Westchester Sheldrake River(1702-0069) Phosphorus
Westchester Sheldrake River(1702-0069) Silt/Sedimnt
....... Lake
)
Westchester Silver Lake 1702-0040 Phosphorus
Westchester Teatown Lakemm(m1302-0150) Phosphorus
.....
( ........ ................... )......... �.....� ..............p.................. -
Westchester Truesdale Lake 1302-0054 Phosphorus
...... ....... _.
Westchester Wallace Pond (1301-0140) Phosphorus
79
APPENDIX E — List of NYSDEC Regional Offices
4
50 CIRCLE ROAD 50 CIRCLE ROAD
NASSAU AND SUFFOLK STONY BROOK,NY 11790 STONY BROOK,NY 11790-3409
TEL.(631)444-0365 TEL.(631)444-0405
1 HUNTERS POINT PLAZA, 1 HUNTERS POINT PLAZA,
2 BRONX,KINGS,NEW YORK, 47-40 21 ST ST. 47-40 21 ST ST.
QUEENS AND RICHMOND LONG ISLAND CITY,NY 11101-5407 LONG ISLAND CITY,NY 11101-5407
TEL.(718)482-4997 TEL.(718)482-4933
DUTCHESS,ORANGE,PUTNAM, 21 SOUTH PUTT CORNERS ROAD 220 WHITE PLAINS ROAD,SUITE 110
3 ROCKLAND,SULLIVAN,ULSTER NEW PALTZ,NY 12561-1696 TEL.(914)428-2505
AND WESTCHESTER TEL.(845)256-3059
ALBANY,COLUMBIA,
DELAWARE,GREENE, 1130 NORTH WESTCOTT ROAD 1130 NORTH WESTCOTT ROAD
4 MONTGOMERY,OTSEGO, SCHENECTADY,NY 12306-2014 SCHENECTADY,NY 12306-2014
RENSSELAER,SCHENECTADY TEL.(518)357-2069 TEL.(518)357-2045
AND SCHOHARIE
CLINTON,ESSEX,FRANKLIN,
1115 STATE ROUTE 86, PO BOX 296 232 GOLF COURSE ROAD
C FULTON,HAMILTON, RAY BROOK,NY 12977-0296 WARRENSBURG,NY 12885-1172
`� SARATOGA,WARREN AND TEL.(518)897-1234 TEL.(518)623-1200
WASHINGTON
_. ... ..... _
HERKIMER,JEFFERSON, STATE OFFICE BUILDING STATE OFFICE BUILDING
6 LEWIS,ONEIDA AND 317 WASHINGTON STREET 207 GENESEE STREET
ST.LAW NEIDAENCE WATERTOWN,NY 13601-3787 UTICA,NY 13501-2885
TEL.(315)785-2245 TEL.(315)793-2554
--------------
BROOME,CAYUGA,
CHENANGO,CORTLAND, 5786 WIDEWATERS PARKWAY 5786 WIDEWATERS PARKWAY
7 MADISON,ONONDAGA, SYRACUSE,NY 13214-1867 SYRACUSE,NY 13214-1867
OSWEGO,TIOGA AND TEL.(315)426-7438 TEL.(315)426-7500
TOMPKINS
CHEMUNG,GENESEE,
LIVINGSTON,MONROE, 6274 EAST AVON-LIMA 6274 EAST AVON-LIMA RD.
ONTARIO,ORLEANS, ROADAVON,NY 14414-9519 AVON, NY 14414-9519
SCHUYLER,SENECA,
STEUBEN,WAYNE AND TEL.(585)226-2466 TEL.(585)226-2466
YATES
I
ALLEGANY, 700 DELAWARE AVENUE 700 DELAWARE AVENUE
CATTARAUGUS,
9 CHAUTAUQUA,ERIE, , BUFFALO,NY 14209-2999 BUFFALO,NY 14209-2999
NIAGARA AND WYOMING TEL.(716)851-7165 TEL.(716)851-7070
80
APPENDIX F — SWPPP Preparer Certification Form
The SWPPP Preparer Certification Form required by this permit begins on the following
page.
81
Department of
�SOTAOt_ Environmental
Conservation
SWPPP Preparer Certification Form
SPDES General Permit for Stormwater Discharges from
Construction Activity, GP-0-25-001 (CGP)
(in accordance with CGP Part I.D.2.b., the completed form must be attached to the eN01 and
submitted to NYSDEC electronically.)
Project/Site Name:
eNOI Submission ID:
Owner/Operator Name:
Certification — SWPPP Preparer
I hereby certify that the Stormwater Pollution Prevention Plan (SWPPP) has been
prepared in accordance with the requirements of GP-0-25-001. I certify under penalty
of law that the SWPPP and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.
SWPPP Preparer First Name MI SWPPP Preparer Last Name
Signature Date
Revised:January 2025
APPENDIX G — MS4 SWPPP Acceptance Form
The MS4 SWPPP Acceptance Form required by this permit begins on the following
page.
83
SEW Diep,artment of
YORK
AfE Environmental
Conservation
MS4 SWPPP Acceptance Form
for construction activities seeking authorization under the
SPDES General Permit for Stormwater Discharges from
Construction Activity, GP-0-25-001 (CGP)
(In accordance with CGP Part I.D.2.b., the completed form must be attached to the eNOl
and submitted to NYSDEC electronically.)
I. Project Owner/Operator Information
1. Owner/Operator Name:
2. Contact Person:
3. Street Address:
4. City/State/Zip:
II. Project Site Information
5. Project/Site Name:
6. Street Address:
7. City/State/Zip:
III. Stormwater Pollution Prevention Plan (SWPPP) Review and Acceptance Information
8. SWPPP Reviewed by:
9. Title/Position:
10. Date Final SWPPP Reviewed and Accepted:
IV. Regulated MS4 Information
11. Name of MS4 Operator:
12. MS4 SPDES Permit Identification Number: NYR20A
13. Street Address:
14. City/State/Zip:
15. Telephone Number:
Page 1 of 2
MS4 SWPPP Acceptance Form - continued
V. Certification Statement- MS4 Official (principal executive officer or ranking elected official) or
Duly Authorized Representative
I hereby certify that the final Stormwater Pollution Prevention Plan (SWPPP)for the construction project
identified in section 11. of this form has been reviewed and meets the substantive requirements in the
SPDES General Permit for Stormwater Discharges from Construction Activity, GP-0-25-001 (CGP).
Note: The MS4 Operator, through the acceptance of the SWPPP, assumes no responsibility for the
accuracy and adequacy of the design included in the SWPPP. In addition, review and acceptance of
the SWPPP by the MS4 Operator does not relieve the owner/operator or their SWPPP preparer of
responsibility or liability for errors or omissions in the plan.
Printed Name'..
Title/Position;
Signature:
Date:
VI. Additional Information
' Printed name of the principal executive officer or ranking elected official for the MS4 Operator or their
duly authorized representative in accordance with CGP Part VII.J.2. -
(NYSDEC - MS4 SWPPP Acceptance Form -January 2025)
Page 2 of 2
APPENDIX H — NYCDEP SWPPP Acceptance/Approval Form
The City of New York Department of Environmental Protection (NYCDEP) SWPPP
Acceptance/Approval form required by this permit begins on the following page.
86
THE CITY OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Bureau of Environmental Planning and Analysis
59-17 Junction Blvd., 9th Floor;Flushing, NY 11373
SWPPP Acceptance/Approval
Application Number:
I. Project Owner/Operator Information
1. Owner/Operator Name:
2. Contact Person:
3. Street Address:
4. City/State/Zip:
II. Project Site Information
5. Project/Site Name:
6. Street Address:
7. City/State/Zip:
'_. Stormwater Pollution Prevention Plan (SWPPP) Review and Acceptance/Approval
8. SWPPP Reviewed by:
9. Title/Position: /
10. Date Final SWPPP Reviewed and Accepted:.
11. Acceptance/Approval Expiration Date:
IV. Regulated MS4 Information for projects that require coverage under the NY State Pollution
Discharge Elimination System General Permit for Stormwater Discharges from Construction
Activity
12. Name of MS4: CITY OF NEW YORK
13. MS4 SPDES Permit Identification Number: NY-0287890
14. Contact Person:
15. Street Address: 59-17Junction Blvd. 9th Floor
16. City/State/Zip: Flushing, NY 11373
17. Telephone Number:
Projects in the MS4 area must submit a copy of this SWPPP Acceptance with a Notice of
" Intent for coverage under the NY SPDES General Permit for Stormwater Discharges from
DtparlkN' ent at Construction Activity to: NYS Department of Environmental Conservation, Division of Water;
EnWrvanwnuit 625 Broadway, 4th Floor; Albany, New York 12233-3505.
€ w
paryA 1 of 7
THE CITY OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Bureau of Environmental Planning and Analysis
59-17 Junction Blvd., 9th Floor; Flushing, NY 11373
V. Certification Statement - MS4 Official (principal executive officer or ranking elected official) or
Duly Authorized Representative
I hereby certify that the final Stormwater Pollution Prevention Plan (SWPPP) for the construction project identified
in question 5 has been reviewed and meets the substantive requirements in the SPDES General Permit For
Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s).
Note: The MS4, through the acceptance of the SWPPP, assumes no responsibility for the accuracy and adequacy of
the design included in the SWPPP. In addition, review and acceptance of the SWPPP by the MS4 does not
relieve the owner/operator or their SWPPP preparer of responsibility or liability for errors or omissions in the plan.
Printed Name:
Title/Position:
Signature:
Jate:
VI. Conditions of Acceptance/Approval and Additional Information
�wEW YORK Projects in the MS4 area must submit a copy of this SWPPP Acceptance with a Notice of
Intent for coverage under the NY SPDES General Permit for Stormwater Discharges from
DeparitnentalI Construction Activity to: NYS Department of Environmental Conservation, Division of Water;
Eaormnwntaf 625 Broadway, 4th Floor; Albany, New York 12233-3505.
ems ,
pano ? of
APPENDIX I — MS4 No Jurisdiction Form
The MS4 No Jurisdiction Form required by this permit begins on the following page..
89
K @epllrtlnrlent of
rA'r EnvironrTl�ental
Conservation
MS4 No Jurisdiction Form
for construction activities seeking authorization under the
SPDES General Permit for Stormwater Discharges from
Construction Activity, GP-0-25-001 (CGP)
(In accordance with CGP Part I.D.2.b.,the completed form must be attached to the eNOI and submitted to NYSDEC
electronically.)
I. Project Owner/Operator Information
a. Owner/Operator Name:
b. Contact Person:
c. Street Address:
d. City/State/Zip:
II. Project Site Information
a. Project/Site Name:
b. Street Address:
c. City/State/Zip:
d. eNOI Submission ID:
III. Traditional Land Use Control MS4 Operator Information
a. Name of MS4 Operator:
b. MS4 SPDES Permit ID Number: NYR20A
c. Street Address:
d. City/State/Zip:
e. Telephone Number:
IV. Certification Statement
In accordance with CGP Part I.D.2.b.ii.3., I hereby certify that the Traditional Land Use Control MS4
Operator identified in section III.of this form does not have review authority over the construction
project identified in section II.of this form,which is owned/operated by the entity identified in section I.
of this form. I am aware that there are significant penalties for submitting false information,including the
possibility of fine and imprisonment for knowing violations.
a.. Printed name of the principal executive officer or ranking elected official for the MS4 Operator or
their duly authorized representative in accordance with CGP Part VII.J.2.:
b. Title/Position:
c. Signature:
d. Dater
APPENDIX J — Owner/Operator Certification Form
The Owner/Operator Certification Form required by this permit begins on the following
page.
91
Department of
Environmental
Zonservation
Owner/Operator Certification Form
SPDES General Permit for Stormwater Discharges from
Construction Activity, GP-0-25-001 (CGP)
(In accordance with CGP Part I.D.2.b. or Part I.F.2. and 3., the completed form must be attached to the eNOI or the
Request to Continue Coverage, and submitted to NYSDEC electronically.
Project/Site Name:
eNO1 Submission ID:
eN01 Submitted by: Owner/Operator SWPPP Preparer Other
Certification - Owner/Operator
I hereby certify that I read, and will comply with, the GP-0-25-001 permit requirements. I understand that
authorization to discharge under the permit for the project/site named above is dependent on receipt of a
Letter of Authorization (LOA) or a Letter of Continued Coverage (LOCC)from the New York State
Department of Environmental Conservation (NYSDEC) in accordance with CGP Part I.D.3.b. or Part I.F.4.
I am aware that there are significant penalties for submitting false information, including the possibility of
fine and imprisonment for knowing violations.
Owner/Operator First Name MI Owner/Operator Last Name
Signature
Date
Revised:January 2025