DRAFT SWPPP 9-13-17 PROPOSED COMMERCIAL
MIXED USE DEVELOPMENT
TOWN OF QUEENSBURY,NY
SEPTEMBER
2017
STORMWATER POLLUTION
PREVENTION PLAN
for
CONSTRUCTION ACTIVITIES
At
PROPOSED COMMERCIAL
MIXED USE DEVELOPMENT
TOWN OF QUEENSBURY
Prepared for
Boguslaw Bielecki
282 Glen Street
Glens Falls, NY 12801
Prepared by
The Environmental Design Partnership, LLP
900 Route 146
Clifton Park, NY 12065
Telephone: (518) 371-7621
Facsimile: (518) 371-9540
September 2017
Table of Contents
Section 1:
Written Stormwater Pollution Prevention Plan
I. Scope
IL Site Description
III. Controls
IV. Compliance with Federal,State,and Local Regulations
V. Maintenance/Inspection Procedures During Construction
VI. Long Term Operation and Maintenance Procedures
VII. Spill Prevention Control and Countermeasures(SPCC)Plan
VIII. Control of Allowable Non-Stormwater Discharges
IX. Certification and Notification
Section 2:
Erosion and Sediment Control Plan
Site Map and General Location Map
Section 3:
NYS Department of Environmental Conservation Notice of Intent (NOI)
NYS Department of Environmental Conservation NOI Acknowledgement Letter
NYS Department of Environmental Conservation MS4 SWPPP Acceptance Form
Section 4:
NYS Department of Environmental Conservation SPDES General Permit
Section 5:
NOI Permitee's Certification (Form 1)
Contractor's/Subcontractor's Certification Log (Form 2)
Contractor's Certification for each contractor listed on Form 2 (Form 3)
Inspection Report (Form 4)
Modification Report (Form 5)
Record of Stabilization and Construction Activities Report (Form 6)
Record of Temporary Erosion and Sediment Control Practices (Form 6A)
Project Rainfall Log (Form 7)
Final Stabilization/Termination Checklist (Form 8)
Section 6:
Supplemental Information
—Stormwater Management Design Narrative
Section 7:
Completed Inspection Reports
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT
SECTION 1
Written Stormwater Pollution Prevention Plan
STORMWATER POLLUTION
PREVENTION PLAN
for
CONSTRUCTION ACTIVITIES
at
COMMERCIAL
MIXED USE DEVELOPMENT
TOWN OF QUEENSBURY,NY
Prepared for
BOGUSLAW BIELECKI
282 GLEN STREET
GLENS FALLS,NY 12801
Prepared by
The Environmental Design Partnership,LLP
900 Route 146
Clifton Park,NY 12065
Telephone: (518) 371-7621
Facsimile: (518) 371-9540
SEPTEMBER 2017
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT
COMMERCIAL MIXED USE DEVELOPMENT
I. SCOPE
A. PURPOSE: BOGUSLAW BIELECKI intends to implement the appropriate Stormwater Pollution
Prevention Plan measures in accordance with the SPDES general permit governing stormwater discharges
during construction, and in accordance with erosion control practices. This section provides a descriptive
explanation of the means by which BOGUSLAW BIELECKI will comply with the National Stormwater
Pollution Prevention Program.
B. NPDES GENERAL PERMITS FOR STORMWATER DISCHARGE FROM CONSTRUCTION
SITES: Regulations promulgated by the New York State Department of Environmental Conservation
(NYSDEC) regulate the discharge of storm water from construction activities on sites where one (1) or more
acres of soil is disturbed. One of the ways to comply with these regulations for affected sites is to request
coverage under the General Permit for Construction Activities. (Copy enclosed herewith) In order to be
authorized to discharge under the General Permit,a Stormwater Pollution Prevention Plan(SWPPP)for the site
must be prepared in accordance with all applicable requirements of this permit and followed during the
construction activities. If the construction activity is not subject to the requirements of a regulated, traditional
land use control MS4 a Notice of Intent(NOI) form must be completed and received by the New York State
Department of Environmental Conservation at least 5-days prior to any earth-disturbing activities. If the
construction activity is subject to the requirements of a regulated, traditional land use control MS4, then the
owner/operator must have its SWPPP reviewed and accepted by the MS4 prior to submitting the NOI to the
Department. The owner/operator shall have the "MS4 SWPPP Acceptance"form signed and then submit that
form along with the NOI to the Department.
C. RESPONSIBILITIES OF CONTRACTOR REGARDING THE GENERAL PERMIT: The
CONTRACTOR shall manage the discharge of stormwater from the site in accordance with the SPDES
General Permit for Construction Activities conditions and the following provisions of this section of the
specifications. The CONTRACTOR shall be responsible for conducting the stormwater management practices
in accordance with the permit. The CONTRACTOR shall be responsible for providing qualified inspectors to
conduct the inspections required by the SWPPP.The CONTRACTOR shall be responsible for any enforcement
action taken or imposed by federal, state,or local agencies,including the cost of fines,construction delays,and
remedial actions resulting from the CONTRACTOR'S failure to comply with the permit provisions. It shall be
the responsibility of the CONTRACTOR to make any changes to the SWPPP necessary when the
CONTRACTOR or any of his subcontractors elects to use borrow or fill or material storage sites, either
contiguous to or remote from the construction site, when such sites are used solely for this construction site.
Such sites are considered to be part of the construction site covered by the permit and this SWPPP. Off-site
borrow, fill, or material storage sites which are used for multiple construction projects are not subject to this
requirement,unless specifically required by state or local jurisdictional entity regulations. The CONTRACTOR
should consider this requirement in negotiating with earthwork subcontractors, since the choice of an off-site
borrow, fill, or material storage site may impact their duty to implement, make changes to, and perform
inspections required by the SWPPP for the site.
D. NOTICE OF INTENT: The NOI Permittee petitions the New York State Department of Environmental
Conservation for the stormwater discharges during construction at this site to be covered by the SPDES General
Permit for Construction Activity for the State of New York.A Notice of Intent(NOI)(using the form required
by the NYSDEC) to be covered under this permit is hereby filed. An Erosion and Sediment Control Plan has
been prepared and is attached herewith.
E. CONTRACTOR RESPONSIBILITIES: The SWPPP and associated Erosion and Sediment Control
Plans represent the MINIMUM erosion and sediment control measures that will be required to protect the site
during construction. BOGUSLAW BIELECKI and the CONTRACTOR understand that additional erosion and
sediment control measures will be necessary during construction. It will be the responsibility of the
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 1
CONTRACTOR to implement additional erosion and sediment control measures as necessary to protect the site
during construction. BOGUSLAW BIELECKI and the CONTRACTOR shall designate a Project Manager
prior to commencing construction. The Project Manager will ensure that all construction managers and sub-
contractors are appropriately assigned and understand the importance of the following topics:
• Erosion and Sedimentation Control for Water Quality Protection
• Implementation of the Erosion and Sedimentation Control Plan
• The Importance to Proper Installation of Erosion and Sedimentation Control Measures
• Regular Inspection by qualified personnel of Erosion and Sedimentation Control Measures
• Diligent Maintenance of Erosion and Sedimentation Control Measures
• Contemporaneous preparation of accurate and complete records regarding inspection and maintenance of
Erosion and Sedimentation Control Measures
• Record Keeping for Inspections and Maintenance activities
F. REQUIREMENTS FOR THE CONTRACTOR AND SUBCONTRACTOR(S): The SWPPP Ledger shall
provide a"Contractor's Certification Log" (Form 2), identifying the Company Name, Business Address and
Telephone Number along with the Responsible Person for the CONTRACTOR and all subcontractors' who
will implement the measures identified in the SWPPP. Each of the entities identified on Form 2 shall sign a
"Contractor's Certification" (Form 3), verifying they have been instructed and fully understand the
requirements of the New York State Department of Environmental Conservation and SWPPP. This
certification must be signed, by a fully qualified individual on behalf of each entity, prior to the
beginning of any construction activities and shall be filed in the project's SWPPP Ledger.
Additionally,the "Trained Contractor"must be identified on Form 3 and his/her credentials should be kept on-
site in the SWPPP ledger.
G. STORMWATER POLLUTION PREVENTION PROGRAM LOCATION REQUIREMENTS: The
SWPPP Ledger is meant to be a working document that shall be maintained at the site of the Construction
Activities at all times throughout the project, shall be readily available upon request by the NOI Permittee's
personnel or New York State Department of Environmental Conservation or any other agency with regulatory
authority over stormwater issues, and shall be kept on-site until the site complies with the Final Stabilization
section of this document. Refer to Part VII., F., Duty to Provide Information, of the General Permit for
additional public viewing requirements.
H. SWPPP LEDGER: The SWPPP Ledger shall be a 3-ring Binder,tabbed and indexed for the following
sections:
SECTION 1:
o Written SWPPP
SECTION 2:
o Site Map and General Location Map
o Erosion and Sediment Control Plan(s)
SECTION 3:
o New York State Notice of Intent
o New York State NOI Acknowledgement Letter
o New York State MS4 SWPPP Acceptance Form
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 2
SECTION 4:
o New York State SPDES General Permit
SECTION 5:
o NOI Permittee's Certification(Form 1)
o Contractor's/Subcontractor's Certification Log(Form 2)
o Contractor's Certification for each contractor listed on Form 2(Form 3)
o Inspection Report(Form 4)
o Modification Report(Form 5)
o Record of Stabilization and Construction Activities Report(Form 6)
o Record of Temporary Erosion and Sediment Control Practices(Form 6A)
o Project Rainfall Log(Form 7)
o Final Stabilization/Termination Checklist(Form 8)
SECTION 6:
o Supplemental Information
—Stormwater Management Design Narrative
SECTION 7:
o Completed Inspection Forms
The Project Manager must review and evaluate for compliance the SWPPP Ledger at each Project Review
meeting. All Inspection and Maintenance Forms(Forms 4- 7)will be initialed by the Project Manager at each
reporting interval.
L INSPECTIONS AND RECORD KEEPING: Inspections are required at least weekly by a "Qualified
Inspector". Sites that have a waiver to disturb greater than five (5) acres require two (2) inspections every
seven(7)days with at least two(2)days between inspections. Inspections shall continue until the site complies
with the "Final Stabilization" section of this document and a Notice of Termination(NOT)has been filed with
the NYSDEC. Each inspection must be followed up by a report documenting the inspector's findings and
request the required maintenance and/or repair for the erosion and sedimentation control measures. The
inspector shall notify the Project Manager within one day of the inspection of any deficiencies. Within one day
of this notification the Project Manager must commence with corrective measures. It is imperative that the
Project Manager documents the Inspection and Maintenance of all erosion and sedimentation control measures
as soon as possible after the inspection and/or maintenance is completed. These records are used to prove that
the required inspection and maintenance were performed and shall be placed in the SWPPP Ledger. In addition
to inspection and maintenance reports, records should be kept of the Construction Activities that occur on the
site. The Project Sponsor shall retain copies of the SWPPP,all reports and data for a minimum of five(5)years
after the project is complete. The following list identifies the required Inspection and Maintenance
documentation that must be maintained by the Project Manager under this SWPPP.
• Form 4 Inspection Report for SWPPP
• Form 5 Requested Changes to the SWPPP(Modification Report)
• Form 6 Record of Stabilization and Construction Activities
• Form 6A Record of Temporary Erosion and Sediment Control Practices
• Form 7 Project Rainfall Log
J. SWPPP MODIFICATIONS: The inspection report should also identify if any revisions to the SWPPP are
warranted due to unexpected conditions. The SWPPP is meant to be a dynamic working guide that is to be kept
current and amended whenever the design,construction,operation,or maintenance of the site changes in a way
which significantly affects the potential for the discharge of pollutants or when the plan proves to be ineffective
in eliminating or significantly minimizing pollutant discharges.Any such changes to the SWPPP must be made
in writing on the Modification Report Form (Form 5) within 7 days of the date such modification or
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 3
amendment is made. The CONTRACTOR'S failure to monitor or report deficiencies to the NOI Permittee will
result in the CONTRACTOR being liable for fines and construction delays resulting from any federal, state, or
local agency enforcement action.
K. FINAL STABILIZATION AND TERMINATION OF PERMIT COVERAGE: The site will be
considered finally stabilized when all soil disturbing activities have been completed and a uniform perennial
vegetative cover for the unpaved areas and areas not covered by permanent structures has been established or
equivalent permanent stabilization measures have been established and the development area no longer
discharges stormwater associated with construction activities and a Notice of Termination(NOT)form filed by
the NOI Permittee with the New York State Department of Environmental Conservation. This filing terminates
coverage under the General Permit and terminates the CONTRACTOR'S responsibility to implement the
SWPPP. Requirements of the SWPPP, including periodic inspections, must be continued until the NOT is
filed.
II.SITE DESCRIPTION
A. PROJECT NAME AND LOCATION
The proposed COMMERCIAL MIXED USE DEVELOPMENT project site is geographically situated at
Latitude N 43° 18' 12", Longitude W 73°40' 50" in the Town of QUEENBSURY,WARREN COUNTY,
NEW YORK.The site is located on the north side of LUZERNE ROAD west of the I-87 OVERPASS.The
project site is comprised of 12.92 acres of land. The overall disturbance area is approximately 4.7 acres.
The project is bounded on the south by LUZERNE ROAD, and on the north, east and west by PRIVATE
PROPERTY.Access to the project will be from LUZERNE ROAD.The entire parcel will remain privately
owned and maintained. Approximately 3.01 acres of impervious surfaces, including travel surfaces and
buildings will be constructed. Reclamation of disturbed areas will be conducted on an ongoing basis as
construction progresses.
B. NOI PERMITTEE'S NAME AND ADDRESS
BOGUSLAW BIELECKI
282 GLEN STREET
GLENS FALLS,NY 12801
C. PROJECT DESCRIPTION
This project will the construction of two (2) commercial mixed use buildings, truck loading docks,
associated parking, travel surfaces and two (2) entrances from LUZERNE ROAD as approved by the
Town of QUEENSBURY. Also included, as permanent elements of the development are connects to
municipal water, construction of an on-site wastewater absorption system and on-site stormwater
management. The estimated time for completion of the construction project is approximately one (1)year.
Soil disturbing activities include:
1. Construction of stabilized construction access points
2. Clearing and grubbing
3. Installation of storm sewer pipes and inlets
4. Construction of sediment basins and stormwater detention ponds
5. Construction of utilities on site
6. Construction of curbs,roadways,and residential buildings and travel surfaces
7. Construction of landscaped areas
8. Final grading
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 4
D. RUNOFF COEFFICIENT,SOILS,AND RAINFALL INFORMATION
The predevelopment Curve Number(CN) for the existing mixed woods and grass, and wooded areas was
determined to be 43 and 32,respectively. Soils within the project area consist of well drained native loamy
fine sand and areas previously excavated and disturbed for use as a borrow pit. These areas have since
revegetated and the soils consist of fine sand with organics and some buried vegetation. The Soil
Conservation Service identifies the native soil with hydrologic soil group A. The post development CB for
disturbed green areas is 39, and the weighted CN for the post development contributing area of the closed
drainage system is 72. A CN of 98 was used for all post development impervious surfaces. A detailed
description of the soil and groundwater conditions is presented in the Stormwater Management Report,
included in Section 6: Supplemental Information of the SWPPP.
The site is in Warren County,which receives an average of 40 inches of rainfall annually with the highest
amounts of rainfall received in the months of June and July.
E. NAME OF RECEIVING WATERS
Drainage will be directed via on-site stormwater catch basin and pipes through a series of stormwater
management areas (underground infiltration systems, bioretention areas) will provisions for overflows
directed to the existing drainage corridor to the north (as described in the Stormwater Management
Report). The drainage corridor discharges to an isolated on-site pond which formed as a result of the
previous excavation completed at the site.A detailed description of the overall drainage area is presented in
the Stormwater Management Report,include in Section 6: Supplement Information of the SWPPP.
F. INDIAN COUNTRY LANDS
The site is not located on any known current or previously designated Indian Country lands.
G. ENDANGERED OR THREATENED SPECIES
A review of the New York State Department of Environmental Conservation's(NYSDEC)Environmental
Resource Mapper (http://www.dec.ny.gov/imsmaps/ERMJviewer.htm) indicated the site is potentially
within an area of State regulated rare plants, rare animals or significant natural communities. A letter has
been directed to NYSDEC to confirm the mapper results and a field survey are the site will be completed to
determine the presence of any endangered or threatened species listed in 6 NYCRR Part 182.
H. HISTORIC PLACES
A review of the New York State Historic Preservation Office(OPRHP)Geographic Information System
Mapper(http://www.oprhp.state.ny.us/nr/main.asp)indicated that the site is located in an archeo sensitive
area.A letter has been directed to the OPRHP Historic Preservation Field Services Bureau requesting they
provide us with a determination as to whether the proposed activity is likely to result in any adverse effects
on cultural resources.A response letter has indicated that the site will require additional field surveying to
investigate the presence of any archeologically sensitive artifacts.
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 5
III.CONTROLS
A. EROSION AND SEDIMENT CONTROLS
The following section describes the anticipated Erosion and Sediment Controls required for use during
construction of the proposed site. These controls represent the MINIMUM erosion and sediment control
measures that will be required to protect the site during construction. Additional erosion and sediment
control measures will be necessary during construction. It will be the responsibility of the NOI permittee to
authorize the CONTRACTOR to implement all additional erosion and sediment control measures necessary to
protect the site during construction.
1. Stabilization practices include(but not limited to):
a) Land clearing activities shall be done only in areas where earthwork will be performed and
shall progress as earthwork is needed
b) Frequent watering of excavation and fill areas to minimize wind erosion during construction.
c) Use of stabilization fabric for all slopes having a slope of 1V:3H or greater.
d) Seeding and planting of all unpaved areas
• Temporary seedings should be made within 24 hours of construction or disturbance. If
not,the soil must be scarified prior to seeding.
• Broadcasting or hydroseeding may be used as seeding methods.
• Seeding mixtures should be as follows
a) Ryegrass(annual or perennial)applied at 30 lbs.per acre(0.7 lbs./1000 sq.ft.)
b) Certified "Aroostook" winter rye (cereal rye) applied at 100 lbs. per acre (2.5
lbs./1000 sq.ft.) *Winter rye shall be used if seeding in October/November.
e) Topsoiling
• Scarify all compact, slowly permeable, medium and fine textured subsoil areas. Scarify
at approximately right angles to the slope direction in soil areas that are steeper than 5
percent.
• Remove refuse,woody plant parts,stones over 3 inches in diameter,and other liter.
• Topsoil material shall have at least 2 percent by weight of fine textured stable organic
material,and no greater than 6 percent.
• Topsoil shall have no less than 20 percent fine textured material (passing the No. 200
sieve)and not more than 15 percent clay.
• Topsoil shall not be placed when it is partly frozen, muddy, or on frozen slopes or over
ice,snow,or standing water.
I) Mulching
• For grass / legume establishment apply straw mulch applied at 2 ton/acre (90 lbs./1000
sq. ft.) and anchor with wood fiber mulch (hydromulch) at 500-750 lbs./acre (11 — 17
lbs./1000 sq.ft.)
g) Protecting Vegetation During Construction
• Limit soil placement over existing tree and shrub roots to a maximum of 3 inches.
• Use retaining walls and terraces to protect roots of trees and shrubs when grades are
lowered. Lowered grades should start no closer than the dripline of the tree.
• Avoid trenching within the dripline of the tree.
• Construction limits should be identified and clearly marked to exclude equipment.
2. Structural practices include(but not limited to):
a) Inlet protection and outlet protection using silt fences
• See detail on Erosion and Sediment Control Plans
b) Perimeter protection using silt fences
c) Sediment basin(s)
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 6
d) Stabilized construction exit points
• Aggregate size shall be 2 inch stone or reclaimed/recycled concrete equivalent
• Thickness shall be not less than 6 inches
• Width to be the full width of the access point,but not less than 12 ft
• Length shall be as required,but not less than 50 ft.
• Filter cloth shall be applied over the entire area to be covered with aggregate
• The entrance shall be maintained in a condition which will prevent tracking of sediment
onto public rights-of-way or streets. When necessary,wheels must be cleaned to remove
sediment prior to entrance onto public rights-of-way.
e) Storm sewer,curbs and gutters
I) Stormwater detention ponds(which may also serve as a temporary sediment basin)
g) Water Bar
• Used where runoff protection is needed to prevent erosion on access roads or other
narrow slopping areas(generally less than 100 ft in width).
• Water bars shall cross at approximately 60 degrees with stable outlets.
• Constructed with a minimum height of 18 inches from the channel bottom to the ridge
top.
• Horizontal spacing shall be 125 ft for slopes less than 5 percent, 100 ft for slopes
between 5 and 10 percent,75 ft for slopes between 10 and 20 percent,and 50 ft for
slopes between 20 and 35 percent.
h) Straw Bale Dike
• Straw bale dikes have an estimated design life of three months.
• Shall only be used where no other practice is feasible
i) Stone Check Dam
• Use graded stone 2 to 15 inches in size
• Sediment accumulated behind the check dam shall be removed as needed to allow
drainage through the check dam and prevent large flows from carrying sediment over the
dam.
3. Sequence of Major Activities
The CONTRACTOR will be responsible for implementing erosion and sediment control measures
outlined in the SWPPP and any additional erosion and sediment control measures required to
stabilize the site. The CONTRACTOR may designate these tasks to certain subcontractors as
appropriate, but the ultimate responsibility for implementing these controls and ensuring their
proper functioning remains with the CONTRACTOR. The order of activities will be as follows
(refer to Stormwater Pollution Prevention Plan Sheet contained in this SWPPP for additional
details):
a) Construct temporary construction exits at locations shown on the SWPPP plan sheet.
b) Install perimeter silt fences and stormwater ponds. Stormwater ponds are to be used as
temporary sediment basins during construction.
c) Begin clearing and grubbing operations. Clearing and grubbing shall be done only in areas
where earthwork will be performed and only in areas where building is planned to commence
within 7 days after clearing and grubbing. Clearing and grubbing operations shall be limited
so that no more than 5 acres of disturbed soil exists at any one time without prior written
approval from the NYS DEC.
d) Frequent watering of the excavation and fill areas shall be done to minimize wind erosion.
e) Commence site grading and new building construction.
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 7
f) Disturbed areas of the site where construction activity has ceased for more than 7 days should
be temporarily seeded and watered.
g) Install protective silt fences at all grate inlets,curb inlets,and at the ends of all exposed storm
sewer pipes.
h) Finalize pavement subgrade preparation.
i) Construct all curb and gutter, gutter inlets, area inlets, and storm sewer manholes, as shown
on the plans.Place required riprap at locations shown on the plans.
j) Remove silt fences around inlets and manholes no more than 48 hours prior to placing
stabilized base course.
k) Install base material as required for pavement.
1) Carry out final grading and seeding and planting,including stormwater management basins.
m) Remove silt fencing only after all paving is complete and exposed surfaces are stabilized.
n) Remove temporary construction exits only prior to pavement construction in these areas
(These areas are to be paved last).
4. Stormwater Management
The proposed stormwater management system was designed by The Environmental Design
Partnership, Clifton Park,NY. The following paragraphs summarize the stormwater management
measures to be incorporated on the site to control pollutants in stormwater discharges after
construction is completed. A copy of the Stormwater Management Report is enclosed under
Section 6—Supplemental Information.
Four(4) stormwater management areas, constructed as two (2) underground infiltration systems,
one (1) bioretention area, and one (1) infiltration basin, will be constructed to provide sufficient
volume to hold all storm events up to the 100 year design storm and allow for full recharge. The
underground systems and infiltration basin will have overflow culverts and spillways to provide
safe overland flow in the event the storage capacity is exceeded.The underground system contains
a hydrodynamic vortex unit and the infiltration basin contains a sediment forebay to provide
treatment of the "Water Quality volume", as specified by the NYSDEC Stormwater Design
Manual.
5. Post-Construction Maintenance of the Stormwater Management System
Post construction maintenance and protection of the Stormwater Management System shall be
performed in accordance with Section VI. LONG TERM OPERATION AND MAINTENANCE
PROCEDURES of the SWPPP.
B. OTHER CONTROLS
1. Waste Disposal
All waste materials will be collected and stored in a securely lidded metal dumpster rented from a
local waste management company which must be a solid waste management company licensed to
do business in New York State. The dumpster will comply with all local and state solid waste
management regulations.
All trash and construction debris from the site will be deposited in the dumpster. The dumpster
will be emptied as often as necessary, and the trash will be hauled to a landfill approved by New
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 8
York State and the local government authority.No construction waste materials will be buried on
site. All personnel will be instructed regarding the correct procedures for waste disposal.Notices
stating these practices will be posted in the job site construction office trailer, and the job site
superintendent will be responsible for seeing that these procedures are followed.
2. Sanitary Waste
All sanitary waste will be collected from the portable units a minimum of two times per week by a
licensed portable facility provider in complete compliance with local and state regulations.
3. Off-Site Vehicle Tracking
A stabilized construction exit will be provided to help reduce vehicle tracking of sediments. The
paved streets adjacent to the site entrance will be inspected daily and swept as necessary to
remove any excess mud, dirt, or rock tracked from the site. Dump trucks hauling material from
the construction site will be covered with a tarpaulin. The job site superintendent will be
responsible for seeing that these procedures are followed.
4. Concrete Waste From Concrete Trucks
a) Emptying of excess concrete and/or washout from concrete delivery trucks will be allowed on
the job site, but only in either (1) specifically designated diked areas which have been
prepared to prevent contact between the concrete and/or washout and stormwater which will
be discharged from the site or(2)in locations where waste concrete can be poured into forms
to make riprap or other useful concrete products.
b) The hardened residue from the concrete washout diked areas will be disposed of in
accordance with the procedures given in the Spill Prevention Control and Countermeasures
(SPCC) Plan and in accordance with applicable state and federal regulations. The job site
superintendent will be responsible for seeing that these procedures are followed.
5. Hazardous Substances and Hazardous Waste
a) All hazardous waste materials will be disposed of by the CONTRACTOR in the manner
specified by local, state,and/or federal regulations and by the manufacturer of such products.
Site personnel will be instructed in these practices by the job site superintendent, who will
also be responsible for seeing that these practices are followed. Material Safety Data Sheets
(MSDS's) for each substance with hazardous properties that is used on the job site will be
obtained and used for the proper management of potential wastes that may result from these
products.An MSDS will be posted in the immediate area where such product is stored and/or
used and another copy of each MSDS will be maintained in the SWPPP file at the job site
construction trailer office. Each employee who must handle a substance with hazardous
properties will be instructed on the use of MSDS sheets and the specific information in the
applicable MSDS for the product he/she is using, particularly regarding spill control
techniques.
b) The CONTRACTOR will implement the Spill Prevention Control and Countermeasures
(SPCC)Plan found within this SWPPP and will train all personnel in the proper cleanup and
handling of spilled materials. No spilled hazardous materials or hazardous wastes will be
allowed to come in contact with stormwater discharges. If such contact occurs, the
stormwater discharge will be contained on site until appropriate measures in compliance with
state and federal regulations are taken to dispose of such contaminated stormwater. It shall be
the responsibility of the job site superintendent to properly train all personnel in the use of the
SPCC plan.
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 9
c) Any spills of hazardous materials which are in quantities in excess of Reportable Quantities
as defined by EPA regulations shall be immediately reported to the EPA National Response
Center 1-800-424-8802.
d) In order to minimize the potential for a spill of hazardous materials to come into contact with
stormwater,the following steps will be implemented:
• All materials with hazardous properties (such as pesticides, petroleum products,
fertilizers, detergents, construction chemicals, acids, paints, paint solvents, cleaning
solvents, additives for soil stabilization, concrete curing compounds and additives, etc.)
will be stored in a secure location,under cover,when not in use. All such materials shall
have secondary containment to prevent contamination of soil and runoff.
• The minimum practical quantity of all such materials will be kept on the job site.
• A spill control and containment kit(containing,for example,absorbent such as kitty litter
or sawdust, acid neutralizing powder, brooms, dust pans, mops, rags, gloves, goggles,
plastic and metal trash containers,etc.)will be provided at the storage site.
• All of the product in a container will be used before the container is disposed of. All
such containers will be triple-rinsed with water prior to disposal. The rinse water used in
these containers will be disposed of in a manner in compliance with state and federal
regulations and will not be allowed to mix with stormwater discharges.
• All products will be stored in and used from the original container with the original
product label.
• All products will be used in strict compliance with instructions on the product label.
• The disposal of excess or used products will be in strict compliance with instructions on
the product label.
6. Contaminated Soils
a) Any contaminated soils (resulting from spills of materials with hazardous properties) which
may result from construction activities will be contained and cleaned up immediately in
accordance with the procedures given in the Spill Prevention Control and Countermeasures
(SPCC)Plan and in accordance with applicable state and federal regulations.
b) The job site superintendent will be responsible for seeing that these procedures are followed.
IV. COMPLIANCE WITH FEDERAL,STATE,AND LOCAL REGULATIONS
A. The CONTRACTOR will obtain copies of any and all local and state regulations that are applicable to
stormwater management, erosion control, and pollution minimization at this job site and will comply fully
with such regulations. The CONTRACTOR will submit written evidence of such compliance if requested
by any agent of a regulatory body. The CONTRACTOR will comply with all conditions of the New York
State Department of Environmental Conservation SPDES General Permit for Construction Activities,
including the conditions related to maintaining the SWPPP and evidence of compliance with the SWPPP at
the job site and allowing regulatory personnel access to the job site and to records in order to determine
compliance.
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 10
V. MAINTENANCE/INSPECTION PROCEDURES DURING CONSTRUCTION
A. Erosion and Sediment Control and Stabilization Measures Maintenance and Inspection Practices
1. The following is a list of erosion and sediment controls to be used on this site during construction practice.
a) Stabilization practices for this site include:
o Land clearing activities shall be done only in areas where earthwork will be performed and
shall progress as earthwork is needed
o Frequent watering of excavation and fill areas to minimize wind erosion during construction.
o Use of stabilization fabric for all slopes having a slope of 1 V:3H or greater.
o Permanent seeding and planting of all unpaved areas using the hydromulching grass seeding
technique.
b) Structural practices for this site include:
o Perimeter protection using silt fences
o Inlet protection and outlet protection using silt fences
o Storm sewer,curbs and gutters
o Stabilized construction exit points
o Stormwater detention ponds(which may also serve as a temporary sediment basin)
2. The following inspection and maintenance practices will be used to maintain erosion and sediment controls
and stabilization measures.
a) All control measures will be inspected once every seven (7) days at a minimum. Sites that
have a waiver to disturb greater than five(5)acres require two(2)inspections every seven(7)
days with at least two(2)days between inspections.
b) All measures will be maintained in good working order; if repairs are found to be necessary,
they will be initiated within 24 hours of report.
c) Built up sediment will be removed from silt fence when it has reached one-third the height of
the fence.
d) Silt fences will be inspected for depth of sediment, tears, etc.,to see if the fabric is securely
attached to the fence posts,and to see that the fence posts are securely in the ground.
e) The sediment basins will be inspected for depth of sediment, and built up sediment will be
removed when it reaches 50 percent of the capacity.
I) Temporary and permanent seeding and all other stabilization measures will be inspected for
bare spots,washouts,and healthy growth.
g) A maintenance inspection report will be made after each inspection. Copies of the report
forms to be completed by the inspector are included in this SWPPP.
h) The job site superintendent will be responsible for selecting and training the individuals who
will be responsible for these inspections, maintenance and repair activities, and filling out
inspection and maintenance reports.
i) Personnel selected for the inspection and maintenance responsibilities will receive
appropriate instruction from the job site superintendent. They will be trained in all the
inspection and maintenance practices necessary for keeping the erosion and sediment controls
that are used onsite in good working order. They will also be trained in the completion of,
initiation of actions required by,and the filing of the inspection forms.Documentation of this
personnel training will be kept on site with the SWPPP.
j) Disturbed areas and material storage areas will be inspected for evidence of or potential for
pollutants entering stormwater systems.
k) Report to the NYS Department of Environmental Conservation within 24 hours any
noncompliance with the SWPPP that will endanger public health or the environment.Follow
up with a written report within 5 days of the noncompliance event.
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 11
B. Inspection and Maintenance Report Forms
Once installation of any required or optional erosion control device or measure has been implemented,
weekly inspections of each measure shall be performed by the CONTRACTOR'S inspection personnel.
The Inspection and Maintenance Reports found in this SWPPP shall be used by the inspectors to inventory
and report the condition of each measure to assist in maintaining the erosion and sediment control
measures in good working order.
These report forms shall become an integral part of the SWPPP and shall be made readily accessible to
governmental inspection officials, the NOI Permittee's Engineer, and the NOI Permittee for review upon
request during visits to the project site. In addition, copies of the reports shall be provided to any of these
persons, upon request, via mail or facsimile transmission. Inspection and maintenance report forms are to
be maintained by the NOI Permittee for five years following the final stabilization of the site.
C. Other Record-Keeping Requirements
The CONTRACTOR shall keep the following records related to construction activities at the site:
-Dates when major grading activities occur and the areas that were graded
-Dates and details concerning the installation of structural controls
-Dates when construction activities cease in an area
-Dates when areas are stabilized,either temporarily or permanently
-Dates of rainfall and the amount of rainfall
-Dates and descriptions of the character and amount of any spills of hazardous materials
-Records of reports filed with regulatory agencies if reportable quantities of hazardous materials spilled
D. Winter Operations
The following is a list of erosion and sediment controls and inspection and maintenance practices for
winter operations for this site.
a) Prior to November lst of any given year all exposed soil areas must be covered with:
o Mulch
o Seed and mulch
o Geotextile
o Erosion control matting
o Rock or
o Other approved mulch to prevent soil from eroding
b) Install sediment barriers (silt fence or drop inlet protection) at ALL necessary perimeter and
sensitive locations BEFORE SOIL FREEZES.
c) Slopes and Stockpiles:
o Protect slopes and stockpiles with anchored straw or mulch,rolled erosion control product or
other durable covering.
o Sediment barrier must be installed around piles and at slope toes to prevent soil transport
from the pile or slope.
o Stabilize exposed areas BEFORE snow covers them.
d) All entrance/exit locations must be properly stabilized and maintained to accommodate snow
management.
e) Inspections:
o If soil disturbance is COMPLETELY suspended AND site is PROPERLY STABILIZED,
qualified inspection frequency may be reduced with written notification to NYSDEC or MS4.
o Confirmation must be received from NYSDEC prior to reducing inspection frequency.
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 12
o Monthly inspections must be performed at a minimum.
o Sediment control measures should be checked after rain or snowmelt events.
o Regular inspections must resume by March 15th
VI. LONG TERM OPERATION AND MAINTENANCE PROCEDURES
The proposed COMMERCIAL MIXED USE DEVELOPMENT project will be PRIVATELY OWNED
and the operation and maintenance requirements will be the responsibility of the private owner.
The entire Stormwater Management System shall be inspected on a yearly basis to ensure that the system
operates in the manner originally intended. Specific components of the system shall require additional
attention as described below.
1. Infiltration basins
a. Basins shall be inspected annually and following major storm events to ensure the system
operates in the manner originally intended. The inspection should include,but not be limited
to, the following components; all outlet orifices, embankment, emergency spillway, drain,
accumulation of sediment,and general erosion control measures.
b. Re-grading and re-vegetation shall be performed as necessary and rip-rap shall be replaced as
necessary.
c. Embankments shall be mowed a minimum of twice per year to discourage woody growth and
control weeds.
d. Debris and litter shall be removed from basins during regular mowing operations or more
frequently as necessary.
e. Accumulated sediment shall be removed from the wet pond area when 10 percent of the basin
capacity has been lost due to sedimentation or at a minimum of every 10 to 20 years.
2. Bioretention Areas
a. Bioretention areas shall be inspected annually and following major storm events to ensure the
system operates in the manner originally intended. The inspection should include,but not be
limited to, the following components; all outlet orifices, embankment, emergency spillway,
drain,accumulation of sediment,and general erosion control measures.
b. Re-grading and re-vegetation shall be performed as necessary.
c. Embankments shall be mowed a minimum of twice per year to discourage woody growth and
control weeds.
d. Debris and litter shall be removed from basins during regular mowing operations or more
frequently as necessary.
e. Accumulated sediment shall be removed from the rain garden area when 10 percent of the
capacity has been lost due to sedimentation or at a minimum of every 10 to 20 years.
f. Bioretention area should be weeded regularly.
g. Maintain vegetation, replace dead or dying plants as necessary and prune excess growth
annually.
h. Inspect mulch for signs of erosion and add or replace old mulch to maintain cover of 2"-3".
3. Closed Drainage System
a. Catch basins and pipes shall be inspected annually and following major storm events to
ensure the system operates in the manner originally intended.
b. Catch basin sumps should be cleaned at least once per year in addition to the annual sweeping
and cleaning of the roadway surface.
4. StormTech Chamber Systems
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 13
i. StormTech Isolator Rows should be maintained on a bi-annual basis including sediment
removal typically performed through jet vacuuming.
j. The header system should be maintained on a quarterly basis including sediment removal,
pumping and vacuuming.
c. ADS Water Quality Units should be maintained on a quarterly basis including sediment
removal,pumping and vacuuming.
d. In addition, general maintenance of all stormwater system catch basins and manholes should
be performed as necessary to prevent sediment and debris buildup.
e. Subterranean Stomwater Chambers
Refer to the Inspection & Maintenance Procedures of StormTech Design Manual for MP-
3500 Chambers (copy attached in Section 6 - Supplemental Information) as summarized
below:
i. Inspect ports and isolator rows for sediment.
ii. Remove accumulated sediment using JetVac process.
Inspect and clean catch basins and manholes upstream of the StormTech system
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 14
STORMWATER POLLUTION PREVENTION PLAN
SUMMARY OF EROSION AND SEDIMENT CONTROL AND STABILIZATION MEASURES
MAINTENANCE/INSPECTION PROCEDURES
❑ All control measures will be inspected at least once every seven(7)days. Sites that have a waiver
to disturb greater than five (5)acres require two (2)inspections every seven(7)days with at least
two(2)days between inspections.
❑ All measures will be maintained in good working order;if a repair is necessary,it will be initiated
within 24 hours of report.
❑ Built-up sediment will be removed from silt fences when it has reached one-third the height of the
fence.
❑ Silt fences will be inspected for depth of sediment,tears,to see if the fabric is securely attached to
the fence posts,and to see that the fence posts are firmly in the ground.
❑ Sediment basins, if present,will be inspected for depth of sediment,and built-up sediment will be
removed when it reaches 50%of the design capacity or at the end of the job.
❑ Diversion dikes,if present,will be inspected and any breaches promptly repaired.
❑ Temporary and permanent seeding and planting and other stabilization measures will be inspected
for bare spots,washouts,and healthy growth.
❑ A maintenance inspection report will be made after each inspection. Copies of the report forms to
be used are included in this SWPPP.
❑ The site job superintendent will select the individuals who will be responsible for inspections,
maintenance and repair activities,and filling out the inspection and maintenance reports.
❑ Personnel selected for inspection and maintenance responsibilities will receive training from the
site job superintendent. They will be trained in all the inspection and maintenance practices
necessary for keeping the erosion and sediment controls used onsite in good working order.
❑ Disturbed areas and materials storage areas will be inspected for evidence of or potential for
pollutants entering stormwater systems.
❑ Report to The Department of Environmental Conservation within 24 hours any noncompliance
with the SWPPP that will endanger public health or the environment. Follow up with a written
report within 5 days of the noncompliance event.
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 15
STORMWATER POLLUTION PREVENTION PLAN
CONSTRUCTION/IMPLEMENTATION CHECKLIST
1. Maintain Records(Project Manager)of Construction Activities,including:
❑ Dates when major grading activities occur
❑ Dates when construction activities temporarily cease on a portion of the site
❑ Dates when construction activities permanently cease on a portion of the site
❑ Dates when stabilization measures are initiated on the site
❑ Dates of rainfall and the amount of rainfall
❑ Dates and descriptions of the character and amount of any spills of hazardous materials
❑ Records of reports filed with regulatory agencies if reportable quantities of hazardous materials
spilled
2. Prepare Inspection Reports(Qualified Inspector)summarizing:
❑ Name of inspector
❑ Qualifications of inspector
❑ Measures/areas inspected
❑ Observed conditions
❑ Changes necessary to the SWPPP
3. Report Releases of Reportable Quantities of Oil or Hazardous Materials(Project Manager,if they occur):
❑ Notify National Response Center(1-800-424-8802)immediately
❑ Notify permitting authority in writing within 14 days
❑ Modify the pollution prevention plan to include:
-the date of release
-circumstances leading to the release
- steps taken to prevent reoccurrence of the release
4. Modify Pollution Prevention Plan(per Qualified Inspector)as necessary to:
❑ Comply with the minimum permit requirements when notified by The Department of
Environmental Conservation that the plan does not comply
❑ Address a change in design, construction operation, or maintenance that has an effect on the
potential for discharge of pollutants
❑ Prevent reoccurrence of reportable quantity releases of a hazardous material or oil
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 16
VII. SPILL PREVENTION CONTROL AND COUNTERMEASURES(SPCC)PLAN
A. MATERIALS COVERED
The following materials or substances with known hazardous properties are expected to be present onsite
during construction:
Concrete Cleaning solvents
Detergents Petroleum based products
Paints Pesticides
Paint solvents Acids
Fertilizers Concrete additives
Soil stabilization additives
B. MATERIAL MANAGEMENT PRACTICES
The following are the material management practices that will be used to reduce the risk of spills or other
accidental exposure of materials and substances to stormwater runoff.
1. Good Housekeeping
The following good housekeeping practices will be followed onsite during the construction
project.
a) An effort will be made to store only enough product required to do the job.
b) All materials stored onsite will be stored in a neat, orderly manner and, if possible, under a
roof or other enclosure.
c) Products will be kept in their original containers with the original manufacturer's label in
legible condition.
d) Substances will not be mixed with one another unless recommended by the manufacturer.
e) Whenever possible,all of a product will be used up before disposing of the container.
I) Manufacturer's recommendations for proper use and disposal will be followed.
g) The job site superintendent will be responsible for daily inspections to ensure proper use and
disposal of materials.
2. Hazardous Products
These practices will be used to reduce the risks associated with hazardous materials.
a) Products will be kept in original containers with the original labels in legible condition.
b) Original labels and material safety data sheets (MSDS's) will be procured and used for each
material.
c) If surplus product must be disposed of, manufacturer's or local/state/federal recommended
methods for proper disposal will be followed.
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 17
d) A spill control and containment kit(containing, for example, absorbent such as kitty litter or
sawdust, acid neutralizing powder, brooms, dust pans, mops, rags, gloves, goggles, plastic
and metal trash containers,etc.)will be provided at the storage site.
e) All of the product in a container will be used before the container is disposed of. All such
containers will be triple-rinsed with water prior to disposal. The rinse water used in these
containers will be disposed of in a manner in compliance with state and federal regulations
and will not be allowed to mix with stormwater discharges.
3. Product Specific Practices
The following product specific practices will be followed on the job site.
a) Petroleum Products
All onsite vehicles will be monitored for leaks and receive regular preventative maintenance
to reduce the chance of leakage. Petroleum products will be stored in tightly sealed
containers which are clearly labeled. Any petroleum storage tanks used onsite will have a
dike or berm containment structure constructed around it to contain any spills that may occur.
Any asphalt substances used onsite will be applied according to the manufacturer's
recommendations.
b) Fertilizers
Fertilizers will be applied only in the minimum amounts recommended by the manufacturer.
Once applied, fertilizer will be worked in the soil to limit exposure to stormwater. Storage
will be in a covered shed. The contents of any partially used bags of fertilizer will be
transferred to a sealable plastic bin to avoid spills.
c) Paints,Paint Solvents,and Cleaning Solvents
All containers will be tightly sealed and stored when not in use. Excess paint and solvents
will not be discharged to the storm sewer system but will be properly disposed of according
to manufacturer's instructions or state and federal regulations.
d) Concrete Trucks
Concrete trucks will be allowed to wash out or discharge surplus concrete or drum wash
water on the site, but only in either(1) specifically designated diked areas which have been
prepared to prevent contact between the concrete and/or washout and stormwater which will
be discharged from the site or(2)in locations where waste concrete can be poured into forms
to make riprap or other useful concrete products.
The hardened residue from the concrete washout diked areas will be disposed of in the same
manner as other non-hazardous construction waste materials or may be broken up and used
on site as deemed appropriate by the CONTRACTOR. The job site superintendent will be
responsible for seeing that these procedures are followed.
4. Spill Prevention Practices
In addition to the good housekeeping and material management practices discussed in the
previous sections of this plan, the following practices will be followed for spill prevention and
cleanup.
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 18
a) Manufacturer's recommended methods for spill cleanup will be clearly posted and site
personnel will be trained regarding these procedures and the location of the information and
cleanup supplies.
b) Materials and equipment necessary for spill cleanup will be kept in the material storage area
onsite in spill control and containment kit(containing, for example, absorbent such as kitty
litter or sawdust, acid neutralizing powder, brooms, dust pans, mops, rags, gloves, goggles,
plastic and metal trash containers,etc.).
c) All spills will be cleaned up immediately after discovery.
d) The spill area will be kept well ventilated and personnel will wear appropriate protective
clothing to prevent injury from contact with the hazardous substances.
e) Spills of toxic or hazardous materials will be reported to the appropriate federal, state,and/or
local government agency, regardless of the size of the spill. Spills of amounts that exceed
Reportable Quantities of certain substances specifically mentioned in federal regulations (40
CFR 302 list and oil) will be immediately reported to the EPA National Response Center,
telephone 1-800-424-8802. Reportable Quantities of some substances which may be used at
the job site are as follows:
oil-appearance of a film or sheen on water
pesticides-usually 1 lb.
acids-5000 lb.
solvents,flammable- 100 lb.
I) The SPCC plan will be adjusted to include measures to prevent this type of spill from
recurring and how to clean up the spill if there is another one.A description of the spill,what
caused it, and the cleanup measures will also be included. If the spill exceeds a Reportable
Quantity,all federal regulations regarding reports of the incident will be complied with.
g) The job site superintendent will be the spill prevention and cleanup coordinator. He will
designate the individuals who will receive spill prevention and cleanup training. These
individuals will each become responsible for a particular phase of prevention and cleanup.
The names of these personnel will be posted in the material storage area and in the office
trailer onsite.
VIII. CONTROL OF ALLOWABLE NON-STORMWATER DISCHARGES
A. Certain types of discharges are allowable under the NYS Department of Environmental Conservation
SPDES General Permit for Construction Activity, and it is the intent of this SWPPP to allow such
discharges. These types of discharges will be allowed under the conditions that no pollutants will be
allowed to come in contact with the water prior to or after its discharge. The control measures,which have
been outlined previously in this SWPPP,will be strictly followed to ensure that no contamination of these
non-stormwater discharges takes place.The following allowable non-stormwater discharges that may occur
from the job site include:
a) Discharges from fire fighting activities
b) Fire hydrant flushings (see note below)
c) Waters used to wash vehicles or control dust in order to minimize offsite sediment tracking
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 19
d) Potable water sources such as waterline flushings (see note below), irrigation drainage from
watering vegetation, routine exterior building washdown(without detergents present) (See
Note below)
e) Pavement washwaters where spills or leaks of hazardous materials have not occurred or
detergents have not been used
f) Springs and other uncontaminated groundwater, including dewatering ground water
infiltration
g) Foundation or footing drains where no contamination with process materials such as solvents
is present
NOTE: CONTRACTOR shall neutralize any super-chlorinated water from water distribution pipes
before releasing it into the environment. Neutralization techniques are available from the Operator's
Engineer.
IX. CERTIFICATION AND NOTIFICATION
A. The NYS Department of Environmental Conservation requires that certifications of knowledge of the
contents of this SWPPP and agreement to follow the SWPPP be made by the NOI Permittee and the
CONTRACTOR. The terms of the General Permit also require that each CONTRACTOR sign the SWPPP
plan, (Form 3) thereby making them co-permittees and acknowledging their responsibility for certain
operational aspects of the plan. These certifications should be signed before the CONTRACTOR begins
activities and should be filed with the site's SWPPP at the jobsite. These certifications are provided within
this document,see Table of Contents for location.
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 20
SECTION 2
Erosion and Sedimentation Control Plan
Site Map and General Location Map
ENVIRONMENTAL DESIGN
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Figure 1: Site Location Map
19
900 Route 146, Clifton Park, New York 12065
phone (518)371-7621 - fax (518)371-9540
e-mail: info@edpllp.com
SECTION 3
Federal, State or Local Notice of Intent (NOI)
NYSDEC NOI Acknowledgement Letter
NYSDEC MS4 SWPPP Acceptance Form
9/13/2017 NYSDEC eBusiness Portal System-View Submission
NOI for coverage under Stormwater General Permit for Construction Activity
version 1.18
(Submission#: 2VH-OKP9-NZDB, version 1)
PRINTED ON 9/13/2017
Summary
Submission#: 2VH-OKP9-NZDB Date Submitted: Not Submitted
Form: NOI for coverage under Stormwater General Permit for Construction Activity Status: Draft
version 1.18(Commercial Mixed Use Development)
Applicant: Brandon Ferguson Active Steps: Form Submitted
Reference#:
Description: NOI for coverage under Stormwater General Permit for Construction Activity
Notes
There are currently no Submission Notes.
https://nform-prod.dec.ny.gov/SubmissionVersion/c29al 359-3dc4-73ae-eO53-6868b3866Od3 1/12
9/13/2017 NYSDEC eBusiness Portal System-View Submission
Details
Owner/Operator Information
Owner/Operator Name(Company/Private Owner/Municipality/Agency/Institution,etc.)
BOGUSLAW BIELECKI
Owner/Operator Contact Person Last Name(NOT CONSULTANT)
BIELECKI
Owner/Operator Contact Person First Name
BOGUSLAW
Owner/Operator Mailing Address
282 Glen Street
C ity
Glens Falls
State
NY
Zip
12801
NONE PROVIDED
NONE PROVIDED
Federal Tax ID
NONE PROVIDED
Project Location
Project/Site Name
COMMERCIAL MIXED USE DEVELOPMENT
Street Address(Not P.O.Box)
LUZERNE ROAD
Side of Street
North
City/Town/Village(THAT ISSUES BUILDING PERMIT)
TOWN OF QUEENSBURY
NY
Zip
12804
County
WARREN
DEC Region
5
Name of Nearest Cross Street
MAINE STREET
Distance to Nearest Cross Street(Feet)
0
https://nfo rm-prod.dec.ny.gov/Subm ission Ve rsio n/c29a 1359-3dc4-73ae-eO53-6868b38660d3 2/12
9/13/2017 NYSDEC eBusiness Portal System-View Submission
Project In Relation to Cross Street
North
Tax Map Numbers Section-Block-Parcel
309.9-2-6
NONE PROVIDED
1. Coordinates
Provide the Geographic Coordinates for the project site.The two methods are:-Navigate to the project location on the map(below)and click to place a marker
and obtain the XY coordinates.-The"Find Me"button will provide the IaUlong for the person filling out this form.Then pan the map to the correct location and
click the map to place a marker and obtain the XY coordinates.
Navigate to your location and click on the map to get the X,Y coordinates
43.30361446878923,-73.6805210262537
Project Details
2.What is the nature of this project?
New Construction
3. Select the predominant land use for both pre and post development conditions.
Pre-Development Existing Landuse
Forest
Post-Development Future Land Use
Commercial
3a.If Single Family Subdivision was selected in question 3,enter the number of subdivision lots.
NONE PROVIDED
4. In accordance with the larger common plan of development or sale,enter the total project site acreage,the acreage to be disturbed and the future impervious
area(acreage)within the disturbed area."'ROUND TO THE NEAREST TENTH OF AN ACRE.
Total Site Area(acres)
12.92
Total Area to be Disturbed(acres)
4.7
Existing Impervious Area to be Disturbed(acres)
0
Future Impervious Area Within Disturbed Area(acres)
3.01
5.Do you plan to disturb more than 5 acres of soil at any one time?
No
6. Indicate the percentage(%)of each Hydrologic Soil Group(HSG)at the site.
https://nform-prod.dec.ny.gov/SubmissionVersion/c29al 359-3dc4-73ae-eO53-6868b3866Od3 3/12
9/13/2017 NYSDEC eBusiness Portal System-View Submission
A(%)
100
B(%)
0
C(%)
0
D(%)
0
7.Is this a phased project?
No
8. Enter the planned start and end dates of the disturbance activities.
Start Date
05/01/2017
End Date
05/07/2018
9.Identify the nearest surface waterbody(ies)to which construction site runoff will discharge.
ONSITE POND
9a.Type of waterbody identified in question 9?
Other Type On Site
Other Waterbody Type Off Site Description
NONE PROVIDED
9b.If"wetland"was selected in 9A,how was the wetland identified?
NONE PROVIDED
10.Has the surface waterbody(ies in question 9 been identified as a 303(d)segment in Appendix E of GP-0-15-002?
No
11.Is this project located in one of the Watersheds identified in Appendix C of GP-0-15-002?
No
12.Is the project located in one of the watershed areas associated with AA and AA-S classified waters?
No
If No, skip question 13.
13.Does this construction activity disturb land with no existing impervious cover and where the Soil Slope Phase is identified as an E or F on the
USDA Soil Survey?
No
If Yes,what is the acreage to be disturbed?
NONE PROVIDED
14.Will the project disturb soils within a State regulated wetland or the protected 100 foot adjacent area?
No
15.Does the site runoff enter a separate storm sewer system(including roadside drains,swales,ditches,culverts,etc)?
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No
16.What is the name of the municipality/entity that owns the separate storm sewer system?
NONE PROVIDED
17.Does any runoff from the site enter a sewer classified as a Combined Sewer?
No
18.Will future use of this site be an agricultural property as defined by the NYS Agriculture and Markets Law?
No
19.Is this property owned by a state authority,state agency,federal government or local government?
No
20.Is this a remediation project being done under a Department approved work plan?(i.e.CERCLA,RCRA,Voluntary Cleanup Agreement,etc.)
No
Required SWPPP Components
21.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
22.Does this construction activity require the development of a SWPPP that includes the post-construction stormwater management practice
component(i.e.Runoff Reduction,Water Quality and Quantity Control practices/techniques)?
Yes
If you answered No in question 22, skip question 23 and the Post-construction Criteria and Post-construction SMP Identification sections.
23.Has the post-construction stormwater management practice component of the SWPPP been developed in conformance with the current NYS
Stormwater Management Design Manual?
Yes
24.The Stormwater Pollution Prevention Plan(SWPPP)was prepared by:
Professional Engineer(P.E.)
SWPPP Preparer
THE ENVIRONMENTAL DESIGN PARTNERSHIP,LLP
Contact Name(Last,Space,First)
LAPAN,KRISTOPHER
Mailing Address
900 ROUTE 146
CLIFTON PARK
NY
12065
Piwnc
5183717621
Email
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klapan@edpllp.com
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)Scan the signed form 4)Upload the scanned document
Download SWPPP Preparer Certification Form
Please upload the SWPPP Preparer Certification-Attachment
NONE PROVIDED
Comment: NONE PROVIDED
Erosion&Sediment Control Criteria
25.Has a construction sequence schedule for the planned management practices been prepared?
Yes
26. Select all of the erosion and sediment control practices that will be employed on the project site:
Temporary Structural
Check Dams
Sediment Basin
Silt Fence
Stabilized Construction Entrance
Storm Drain Inlet Protection
Temporary Swale
Biotechnical
None
Vegetative Measures
Mulching
Seeding
Sodding
Topsoiling
Permanent Structural
Land Grading
Rock Outlet Protection
NONE PROVIDED
Post-Construction Criteria
"IMPORTANT: Completion of Questions 27-39 is not required if response to Question 22 is No.
27.Identify all site planning practices that were used to prepare the final site plan/layout for the project.
Preservation of Undisturbed Area
Reduction of Clearing and Grading
27a.Indicate which of the following soil restoration criteria was used to address the requirements in Section 5.1.6("Soil Restoration")of the Design
Manual(2010 version).
All disturbed areas will be restored in accordance with the Soil Restoration requirements in Table 5.3 of the Design Manual(see page 5-22).
28.Provide the total Water Quality Volume(WQv)required for this project(based on final site plan/layout).(Acre-feet)
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0.298
29. Post-construction SMP Identification
Use the Post-construction SMP Identification section to identify the RR techniques(Area Reduction),RR techniques(Volume Reduction)and Standard SMPs
with RRv Capacity that were used to reduce the Total WQv Required(#28).Identify the SMPs to be used by providing the total impervious area that contributes
runoff to each technique/practice selected.For the Area Reduction Techniques,provide the total contributing area(includes pervious area)and,if applicable,the
total impervious area that contributes runoff to the technique/practice.Note:Redevelopment projects shall use the Post-Construction SMP Identification section
to identify the SMPs used to treat and/or reduce the WQv required.If runoff reduction techniques will not be used to reduce the required WQv,skip to question
33a after identifying the SMPs.
30.Indicate the Total RRv provided by the RR techniques(Area/Volume Reduction)and Standard SMPs with RRv capacity identified in question 29.
(acre-feet)
0.298
31.Is the Total RRv provided(#30)greater than or equal to the total WQv required(#28)?
Yes
If Yes,go to question 36. If No, go to question 32.
32.Provide the Minimum RRv required based on HSG.[Minimum RRv Required=(P)(0.95)(Ai)/12,Ai=(s)(Aic)](acre-feet)
NONE PROVIDED
32a.Is the Total RRv provided(#30)greater than or equal to the Minimum RRv Required(#32)?
If Yes,go to question 33.
Note: Use the space provided in question#39 to summarize the specific site limitations and justification for not reducing 100%of WQv required(#28).A detailed
evaluation of the specific site limitations and justification for not reducing 100%of the WQv required(#28)must also be included in the SWPPP.If No,sizing
criteria has not been met;therefore,NOI can not be processed.SWPPP preparer must modify design to meet sizing criteria.
33. SMPs
Use the Post-construction SMP Identification section to identify the Standard SMPs and,if applicable,the Alternative SMPs to be used to treat the remaining
total WQv(=Total WQv Required in#28-Total RRv Provided in#30).Also,provide the total impervious area that contributes runoff to each practice selected.
NOTE:Use the Post-construction SMP Identification section to identify the SMPs used on Redevelopment projects.
33a.Indicate the Total WQv provided(i.e.WQv treated)by the SMPs identified in question#33 and Standard SMPs with RRv Capacity identified in
question#29.(acre-feet)
NONE PROVIDED
Note: For the standard SMPs with RRv capacity,the WQv provided by each practice=the WQv calculated using the contributing drainage area to the practice-
provided by the practice.(See Table 3.5 in Design Manual)
34.Provide the sum of the Total RRv provided(#30)and the WQv provided(#33a).
NONE PROVIDED
35.Is the sum of the RRv provided(#30)and the WQv provided(#33a)greater than or equal to the total WQv required(#28)?
If Yes,go to question 36.If No,sizing criteria has not been met;therefore,NOI can not be processed.SWPPP preparer must modify design to meet sizing
criteria.
36. Provide the total Channel Protection Storage Volume(CPv required and provided or select waiver(#36a), if applicable.
CPv Required(acre-feet)
0.193
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CPv Provided(acre-feet)
0.651
36a.The need to provide channel protection has been waived because:
37. Provide the Overbank Flood (Qp)and Extreme Flood (Qf)control criteria or select waiver(#37a), if applicable.
Overbank Flood Control Criteria (Qp)
Pre-Development(CFS)
0.01
Post-Development(CFS)
0.01
Total Extreme Flood Control Criteria (Qf)
Pre-Development(CFS)
0.9
Post-Development(CFS)
0.65
37a.The need to meet the Qp and Qf criteria has been waived because:
38.Has a long term Operation and Maintenance Plan for the post-construction stormwater management practice(s)been developed?
Yes
If Yes,Identify the entity responsible for the long term Operation and Maintenance
BOGUSLAW BIELECKI
39.Use this space to summarize the specific site limitations and justification for not reducing 100%of WQv required(#28).(See question#32a)This
space can also be used for other pertinent project information.
NONE PROVIDED
Post-Construction SMP Identification
Runoff Reduction (RR)Techniques, Standard Stormwater Management Practices(SMPs)and Alternative SMPs
Identify the Post-construction SMPs to be used by providing the total impervious area that contributes runoff to each technique/practice selected. For the Area
Reduction Techniques,provide the total contributing area(includes pervious area)and,if applicable,the total impervious area that contributes runoff to the
technique/practice.
RR Techniques(Area Reduction)
Round to the nearest tenth
Total Contributing Acres for Conservation of Natural Area(RR-1)
NONE PROVIDED
Total Contributing Impervious Acres for Conservation of Natural Area(RR-1)
NONE PROVIDED
Total Contributing Acres for Sheetflow to Riparian Buffers/Filter Strips(RR-2)
NONE PROVIDED
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Total Contributing Impervious Acres for Sheetflow,to Riparian Buffers/Filter Strips(RR-2)
NONE PROVIDED
Total Contributing Acres for Tree Planting/Tree Pit(RR-3)
NONE PROVIDED
Total Contributing Impervious Acres for Tree Planting/Tree Pit(RR-3)
NONE PROVIDED
Total Contributing Acres for Disconnection of Rooftop Runoff(RR-4)
NONE PROVIDED
RR Techniques(Volume Reduction)
Total Contributing Impervious Acres for Disconnection of Rooftop Runoff(RR-4)
NONE PROVIDED
Total Contributing Impervious Acres for Vegetated Swale(RR-5)
NONE PROVIDED
Total Contributing Impervious Acres for Rain Garden(RR-6)
NONE PROVIDED
Total Contributing Impervious Acres for Stormwater Planter(RR-7)
NONE PROVIDED
Total Contributing Impervious Acres for Rain Barrel/Cistern(RR-8)
NONE PROVIDED
Total Contributing Impervious Acres for Porous Pavement(RR-9)
NONE PROVIDED
Total Contributing Impervious Acres for Green Roof(RR-10)
NONE PROVIDED
Standard SMPs with RRv Capacity
Total Contributing Impervious Acres for Infiltration Trench(1-1)
NONE PROVIDED
Total Contributing Impervious Acres for Infiltration Basin(1-2)
0.232
Total Contributing Impervious Acres for Dry Well(1-3)
NONE PROVIDED
Total Contributing Impervious Acres for Underground Infiltration System(1-4)
2.21
Total Contributing Impervious Acres for Bioretention(F-5)
0.561
Total Contributing Impervious Acres for Dry Swale(0-1)
NONE PROVIDED
Standard SMPs
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Total Contributing Impervious Acres for Micropool Extended Detention(P-1)
NONE PROVIDED
Total Contributing Impervious Acres for Wet Pond(P-2)
NONE PROVIDED
Total Contributing Impervious Acres for Wet Extended Detention(P-3)
NONE PROVIDED
Total Contributing Impervious Acres for Multiple Pond System(P-4)
NONE PROVIDED
Total Contributing Impervious Acres for Pocket Pond(P-5)
NONE PROVIDED
Total Contributing Impervious Acres for Surface Sand Filter(F-1)
NONE PROVIDED
Total Contributing Impervious Acres for Underground Sand Filter(F-2)
NONE PROVIDED
Total Contributing Impervious Acres for Perimeter Sand Filter(F-3)
NONE PROVIDED
Total Contributing Impervious Acres for Organic Filter(F-4)
NONE PROVIDED
Total Contributing Impervious Acres for Shallow Wetland(W-1)
NONE PROVIDED
Total Contributing Impervious Acres for Extended Detention Wetland(W-2)
NONE PROVIDED
Total Contributing Impervious Acres for Pond/Wetland System(W-3)
NONE PROVIDED
Total Contributing Impervious Acres for Pocket Wetland(W-4)
NONE PROVIDED
Total Contributing Impervious Acres for Wet Swale(0-2)
NONE PROVIDED
Alternative SMPs(DO NOT INCLUDE PRACTICES BEING USED FOR PRETREATMENT ONLY)
Total Contributing Impervious Area for Hydrodynamic
NONE PROVIDED
Total Contributing Impervious Area for Wet Vault
NONE PROVIDED
Total Contributing Impervious Area for Media Filter
NONE PROVIDED
"Other"Alternative SMP?
NONE PROVIDED
Total Contributing Impervious Area for"Other"
NONE PROVIDED
Provide the name and manufaturer of the alternative SMPs(i.e. proprietary practice(s))being used for WQv treatment.
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Note: Redevelopment projects which do not use RR techniques,shall use questions 28, 29, 33 and 33a to provide SMPs used,total WQv
required and total WQv provided for the project.
Manufacturer of Alternative SMP
NONE PROVIDED
Name of Alternative SMP
NONE PROVIDED
Other Permits
40.Identify other DEC permits,existing and new,that are required for this project/facility.
NONE PROVIDED
If SPDES Multi-Sector GP,then give permit ID
NONE PROVIDED
If Other,then identify
NONE PROVIDED
41.Does this project require a US Army Corps of Engineers Wetland Permit?
No
If"Yes,"then indicate Size of Impact,in acres,to the nearest tenth
NONE PROVIDED
42.If this NOI is being submitted for the purpose of continuing or transferring coverage under a general permit for stormwater runoff from
construction activities,please indicate the former SPDES number assigned.
NONE PROVIDED
MS4 SWPPP Acceptance
43.Is this project subject to the requirements of a regulated,traditional land use control MS4?
Yes-Please attach the MS4 Acceptance form below
If No, skip question 44
44.Has the"MS4 SWPPP Acceptance"form been signed by the principal executive officer or ranking elected official and submitted along with this
NOI?
MS4 SWPPP Acceptance Form Download
Download form from the link below.Complete,sign,and upload.
MS4 SWPPP Acceptance Form
MS4 Acceptance Form Upload-Attachment
NONE PROVIDED
Comment: NONE PROVIDED
Owner/Operator Certification
Owner/Operator Certification Form Download
Download the certification form by clicking the link below.Complete,sign,scan,and upload the form.
Owner/Operator Certification Form(PDF,45KB)
Upload Owner/Operator Certification Form*-Attachment
NONE PROVIDED
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Comment: NONE PROVIDED
Attachments
Date Attachment Name Context
Status History
Date User Processing Status
None
Processing Steps
Step Name Assigned To/Completed By Date Completed
Form Submitted
Deemed Complete Toni Cioffi
Step Name Assigned To/Completed By Date Completed
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NE'WYORK Department of
STATE Of
OPPORTUNITY Environmental
Conservation
NYS Department of Environmental Conservation
Division of Water
625 Broadway, 4th Floor
Albany, New York 12233-3505
MS4 Stormwater Pollution Prevention Plan (SWPPP) Acceptance
Form
for
Construction Activities Seeking Authorization Under SPDES General Permit
*(NOTE: Attach Completed Form to Notice Of Intent and Submit to Address Above)
I. Project Owner/Operator Information
1. Owner/Operator Name:BOGUSLAW BIELECKI
2. Contact Person:(same as above)
3. Street Address:282 GLEN STREET
4. City/State/Zip:GLENS FALLS, NY 12801
II. Project Site Information
5. Project/Site Name:COMMERCIAL MIXED USE DEVELOPMENT
6. Street Address:LUZERNE ROAD
7. City/State/Zip:QUEEBSURY, NY 12804
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:Town of QUEENSBURY
12. MS4 SPDES Permit Identification Number: NYR20A
13. Contact Person:
14. Street Address:
15. City/State/Zip:
16. 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 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:
Date:
VI. Additional Information
(NYS DEC - MS4 SWPPP Acceptance Form -January 2015)
Page 2 of 2
SECTION 4
Federal, State or Local NPDES General Permit
NE'WYORK Department of
$TATE 4f
OPPORTUNITY Environmental
Conservation
NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPDES GENERAL PERMIT
FOR STORMWATER DISCHARGES
From
CONSTRUCTION ACTIVITY
Permit No. GP-0-15-002
Issued Pursuant to Article 17, Titles 7, 8 and Article 70
of the Environmental Conservation Law
Effective Date: January 29, 2015 Expiration Date: January 28, 2020
John J. Ferguson
Chief Permit Administrator
l�
1 / 12/ 15
Aute orized Signature Date
Address: NYS DEC
Division of Environmental Permits
625 Broadway, 4th Floor
Albany, N.Y. 12233-1750
PREFACE
Pursuant to Section 402 of the Clean Water Act ("CWA"), 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's State Pollutant Discharge Elimination System ("SPDES') is a NPDES-
approved program with permits issued in accordance with the Environmental
Conservation Law ("ECL').
This general permit ("permit") is issued pursuant to Article 17, Titles 7, 8 and
Article 70 of the ECL. An owner or operator may obtain coverage under this permit by
submitting a Notice of Intent ("NOI") to the Department. Copies of this permit and the NOI
for New York are available by calling (518) 402-8109 or at any New York State
Department of Environmental Conservation ("the Department") regional office (see
Appendix G).They are also available on the Department's website at:
http://www.dec.nv.qov/
An owner or operator of a construction activity that is eligible for coverage under
this permit must obtain coverage prior to the commencement of construction activity.
Activities that fit the definition of "construction activity', as defined under 40 CFR
122.26(b)(14)(x), (15)(i), and (15)(ii), constitute construction of a point source and
therefore, pursuant to Article 17-0505 of the ECL, the owner or operator must have
coverage under a SPDES permit prior to commencing construction activity. They 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.
I
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES
FROM CONSTRUCTION ACTIVITIES
Part I. PERMIT COVERAGE AND LIMITATIONS..............................................................1
A. Permit Application .................................................................................................1
B. Effluent Limitations Applicable to Discharges from Construction Activities ...........1
C. Post-construction Stormwater Management Practice Requirements ....................4
D. Maintaining Water Quality.....................................................................................8
E. Eligibility Under This General Permit..................................................................
F. Activities Which Are Ineligible for Coverage Under This General Permit..............9
Part II. OBTAINING PERMIT COVERAGE .....................................................................12
A. Notice of Intent (NOI) Submittal ..........................................................................12
B. Permit Authorization............................................................................................13
C. General Requirements For Owners or Operators With Permit Coverage ...........15
D. Permit Coverage for Discharges Authorized Under GP-0-10-001 .......................17
E. Change of Owner or Operator.............................................................................17
Part III. STORMWATER POLLUTION PREVENTION PLAN (SWPPP)...........................18
A. General SWPPP Requirements ..........................................................................18
B. Required SWPPP Contents ................................................................................20
C. Required SWPPP Components by Project Type.................................................23
Part IV. INSPECTION AND MAINTENANCE REQUIREMENTS .....................................24
A. General Construction Site Inspection and Maintenance Requirements ..............24
B. Contractor Maintenance Inspection Requirements .............................................24
C. Qualified Inspector Inspection Requirements......................................................24
Part V. TERMINATION OF PERMIT COVERAGE...........................................................28
A. Termination of Permit Coverage .........................................................................28
Part VI. REPORTING AND RETENTION OF RECORDS ................................................30
A. Record Retention ................................................................................................30
B. Addresses...........................................................................................................30
Part VII. STANDARD PERMIT CONDITIONS.................................................................31
A. Duty to Comply....................................................................................................31
B. Continuation of the Expired General Permit........................................................31
C. Enforcement........................................................................................................31
D. Need to Halt or Reduce Activity Not a Defense...................................................31
E. Duty to Mitigate ...................................................................................................32
F. Duty to Provide Information.................................................................................32
G. Other Information ................................................................................................32
H. Signatory Requirements......................................................................................32
I. Property Rights.......................................................................................................34
J. Severability.............................................................................................................34
K. Requirement to Obtain Coverage Under an Alternative Permit...........................34
L. Proper Operation and Maintenance ....................................................................35
M. Inspection and Entry ...........................................................................................35
N. Permit Actions.....................................................................................................36
O. Definitions ...........................................................................................................36
P. Re-Opener Clause ..............................................................................................36
11
Q. Penalties for Falsification of Forms and Reports.................................................36
R. Other Permits......................................................................................................36
APPENDIXA....................................................................................................................37
APPENDIXB--------------------------------------------------------------------------------------------------------------------44
APPENDIXC -------------------------------------------------------------------------------------------------------------------46
APPENDIXD -------------------------------------------------------------------------------------------------------------------52
APPENDIXE--------------------------------------------------------------------------------------------------------------------53
APPENDIX F............................. ----------------- ------------------------........55
III
(Part 1)
Part I. PERMIT COVERAGE AND LIMITATIONS
A. Permit Application
This permit authorizes stormwater discharges to surface waters of the State from
the following construction activities identified within 40 CFR Parts 122.26(b)(14)(x),
122.26(b)(15)(i) and 122.26(b)(15)(ii), provided all of the eligibility provisions of this
permit are met:
1. Construction activities involving soil disturbances of one (1) or more acres;
including disturbances of less than one acre that are part of a larger
common plan of development or sale that will ultimately disturb one or more
acres of land; excluding routine maintenance activity that is performed to
maintain the original line and grade, hydraulic capacity or original purpose
of a facility;
2. Construction activities involving soil disturbances of less than one (1) acre
where the Department 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.
3. Construction activities located in the watershed(s) identified in Appendix D
that involve soil disturbances between five thousand (5,000) square feet
and one (1) acre of land.
B. Effluent Limitations Applicable to Discharges from Construction Activities
Discharges authorized by this permit must achieve, at a minimum, the effluent
limitations in Part I.B.1. (a)— (f)of this permit. These limitations represent the 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 I.B.1.(a) — (f) of this permit and be in accordance with the
New York State Standards and Specifications for Erosion and Sediment
Control, dated August 2005, 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
the Stormwater Pollution Prevention Plan ("SWPPP") the reason(s) for the
deviation or alternative design and provide information
1
(Part I.B.1)
which demonstrates that the deviation or alternative design is equivalent to
the technical standard.
a. Erosion and Sediment Controls. Design, install and maintain effective
erosion and sediment controls to minimize the discharge of pollutants and
prevent a violation of the water quality standards. At a minimum, such
controls must be designed, installed and maintained to:
(i) Minimize soil erosion through application of runoff control and soil
stabilization control measure to minimize pollutant discharges;
(ii) Control stormwater discharges to minimize channel and
streambank erosion and scour in the immediate vicinity of the
discharge points;
(iii) Minimize the amount of soil exposed during construction activity;
(iv) Minimize the disturbance of steep slopes;
(v) Minimize sediment discharges from the site;
(vi) Provide and maintain natural buffers around surface waters, direct
stormwater to vegetated areas and maximize stormwater
infiltration to reduce pollutant discharges, unless infeasible;
(vii) Minimize soil compaction. Minimizing soil compaction is not
required 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.
b. Soil Stabilization. In areas where soil disturbance activity has temporarily
or permanently ceased, the application of soil stabilization measures must
be initiated by the end of the next business day and completed within
fourteen (14) 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 E or is located in one of the watersheds listed
in Appendix C, the application of soil stabilization measures must be
initiated by the end of the next business day and completed within seven
(7) days from the date the current soil disturbance activity ceased. See
Appendix A for definition of Temporarily Ceased.
c. Dewatering. Discharges from dewatering activities, including discharges
2
(Part I.B.1.c)
from dewatering of trenches and excavations, must be managed by
appropriate control measures.
d. Pollution Prevention Measures. 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 designed, installed,
implemented and maintained to:
(i) Minimize the discharge of pollutants from equipment and vehicle
washing, wheel wash water, and other wash waters. This applies to
washing operations that use clean water only. Soaps, detergents
and solvents cannot be used;
(ii) Minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers,
pesticides, herbicides, detergents, sanitary waste and other
materials present on the site to precipitation 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. Prohibited Discharges. The following discharges are prohibited:
(i) Wastewater from washout of concrete;
(ii) Wastewater from washout and cleanout of stucco, paint, form
release oils, curing compounds and other construction materials;
(iii) Fuels, oils, or other pollutants used in vehicle and equipment
operation and maintenance;
(iv) Soaps or solvents used in vehicle and equipment washing; and
(v) Toxic or hazardous substances from a spill or other release.
f. Surface Outlets. When discharging from basins and impoundments, the
outlets shall be designed, constructed and maintained in such a manner
that sediment does not leave the basin or impoundment and that erosion
3
(Part I.13.1 .f)
at or below the outlet does not occur.
C. Post-construction Stormwater Management Practice Requirements
1 . The owner or operator of a construction activity that requires post-
construction stormwater management practices pursuant to Part III.C. of
this permit must select, design, install, and maintain the practices to meet
the performance criteria in the New York State Stormwater Management
Design Manual ("Design Manual"), dated January 2015, using sound
engineering judgment. Where post-construction stormwater management
practices ("SMPs") are not designed in conformance with the performance
criteria in the Design Manual, 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 post-
construction stormwater management practices pursuant to Part III.C. of
this permit must design the practices to meet the applicable sizing criteria
in Part I.C.2.a., b., c. or d. of this permit.
a. Sizing Criteria for New Development
(i) Runoff Reduction Volume ("RRv"): Reduce the total Water Quality
Volume ("WQv") by application of RR techniques and standard
SMPs with RRv capacity. The total WQv shall be calculated in
accordance with the criteria in Section 4.2 of the Design Manual.
(ii) Minimum RRv and Treatment of Remaining Total WQv:
Construction activities that cannot meet the criteria in Part
I.C.2.a.(i) of this permit due to site limitations shall 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 shall
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 4.3 of the Design
Manual. The remaining portion of the total WQv
4
(Part I.C.2.a.ii)
that cannot be reduced shall be treated by application of standard
SMPs.
(iii) Channel Protection Volume ("Cpv"): Provide 24 hour extended
detention of the post-developed 1-year, 24-hour storm event;
remaining after runoff reduction. 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 site discharges directly to tidal waters, or fifth order or
larger streams.
(iv) 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 discharges directly to tidal waters or fifth order or
larger streams, or
(2) A downstream analysis reveals that overbank control is not
required.
(v) 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 discharges directly 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 Watershed
(i) Runoff Reduction Volume (RRv): Reduce the total Water Quality
Volume (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 shall be calculated in accordance with the criteria
in Section 10.3 of the Design Manual.
(ii) Minimum RRv and Treatment of Remaining Total WQv:
Construction activities that cannot meet the criteria in Part
I.C.2.b.(i) of this permit due to site limitations shall direct runoff
from all newly constructed impervious areas to a RR technique or
5
(Part I.C.2.b.ii)
standard SMP with RRv capacity unless infeasible. The specific
site limitations that prevent the reduction of 100% of the WQv shall
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 10.3 of the Design
Manual. The remaining portion of the total WQv that cannot be
reduced shall be treated by application of standard SMPs.
(iii) Channel Protection Volume (Cpv): Provide 24 hour extended
detention of the post-developed 1-year, 24-hour storm event;
remaining after runoff reduction. 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 site discharges directly to tidal waters, or fifth
order or larger streams.
(iv) 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 discharges directly to tidal waters or fifth
order or larger streams, or
(2) A downstream analysis reveals that overbank control
is not required.
(v) 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 discharges directly 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
6
(Part I.C.2.c.i)
(i) Water Quality Volume (WQv): The WQv treatment objective for
redevelopment activity shall be addressed by one of the following
options. Redevelopment activities located in an Enhanced
Phosphorus Removal Watershed (see Part III.B.3. and Appendix C
of this permit) shall calculate the WQv in accordance with Section
10.3 of the Design Manual. All other redevelopment activities shall
calculate the WQv in accordance with Section 4.2 of the Design
Manual.
(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 Design
Manual must be applied to all newly created pervious
areas, or
(2) Capture and treat a minimum of 25% of the WQv from
the disturbed, impervious area by the application of
standard SMPs; or reduce 25% of the WQv from the
disturbed, impervious area by the application of RR
techniques or standard SMPs with RRv capacity., or
(3) Capture and treat a minimum of 75% of the WQv from
the disturbed, impervious area as well as any
additional runoff from tributary areas by application of
the alternative practices discussed in Sections 9.3
and 9.4 of the Design Manual., or
(4) Application of a combination of 1 , 2 and 3 above that
provide a weighted average of at least two of the
above methods. Application of this method shall be
in accordance with the criteria in Section 9.2.1(B) (IV)
of the Design Manual.
If there is an existing post-construction stormwater management
practice 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 — 4
above.
(ii) Channel Protection Volume (Cpv): Not required if there are no
changes to hydrology that increase the discharge rate from the
project site.
(iii) Overbank Flood Control Criteria (Qp): Not required if there are no
changes to hydrology that increase the discharge rate from the
project site.
7
(Part I.C.2.c.iv)
(iv) Extreme Flood Control Criteria (Qf): Not required if there are no
changes to hydrology that increase 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 shall provide post-construction
stormwater management controls that meet the sizing criteria
calculated as an aggregate of the Sizing Criteria in Part I.C.2.a.
or b. of this permit for the New Development portion of the
project and Part I.C.2.c of this permit for Redevelopment
Activity portion of the project.
D. Maintaining Water Quality
The Department expects that compliance with the conditions 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 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, such
as:
1. There shall be no increase in turbidity that will cause a substantial visible
contrast to natural conditions;
2. There shall be no increase in suspended, colloidal or settleable solids that
will cause deposition or impair the waters for their best usages; and
3. There shall 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 standards; the owner or operator m ust take appropriate
corrective action in accordance with Part IV.C.5. of this general permit and document
in accordance with Part IV.C.4. of this general permit. To address the water quality
standard violation the owner or operator may need to provide additional information,
include and implement appropriate controls in the SWPPP to correct the problem,
or obtain an individual SPDES permit.
If there is evidence indicating that despite compliance with the terms and conditions
of this general permit it is demonstrated that the stormwater discharges authorized
by this permit are causing or contributing to a violation of water quality standards, or
8
(Part LD)
if the Department determines that a modification of the permit is necessary to
prevent a violation of water quality standards, the authorized discharges will no
longer be eligible for coverage under this permit. The Department may require the
owner or operator to obtain an individual SPDES permit to continue discharging.
E. Eligibility Under This General Permit
1 . This permit may authorize all discharges of stormwater from construction
activity to surface waters of the State and groundwaters except for ineligible
discharges identified under subparagraph F. of this Part.
2. Except for non-stormwater discharges explicitly listed in the next paragraph,
this permit only authorizes stormwater discharges from construction
activities.
3. Notwithstanding paragraphs E.1 and E.2 above, the following non-
stormwater discharges may be authorized by this permit: discharges from
firefighting activities; fire hydrant flushings; waters to which cleansers or
other components have not been added that are used to wash vehicles or
control dust in accordance with the SWPPP, routine external building
washdown which does not use detergents; pavement washwaters where
spills or leaks of toxic or hazardous materials have not occurred (unless all
spilled material has been removed) and where detergents are not used; air
conditioning condensate; uncontaminated groundwater or spring water;
uncontaminated discharges from construction site de-watering operations;
and foundation or footing drains where flows are not contaminated with
process materials such as solvents. For those entities required to obtain
coverage under this permit, and who discharge as noted in this paragraph,
and with the exception of flows from firefighting activities, these discharges
must be identified in the SWPPP. Under all circumstances, the owner or
operator must still comply with water quality standards in Part LD of this
permit.
4. The owner or operator must maintain permit eligibility to discharge under
this permit. Any discharges that are not compliant with the eligibility
conditions of this permit are not authorized by the permit and the owner or
operator must either apply for a separate permit to cover those ineligible
discharges or take steps necessary to make the discharge eligible for
coverage.
F. Activities Which Are Ineligible for Coverage Under This General Permit
All of the following are not authorized by this permit:
9
(Part I.F)
1 . Discharges after construction activities have been completed and the site
has undergone final stabilization;
2. Discharges that are mixed with sources of non-stormwater other than those
expressly authorized under subsection E.3. of this Part and identified in the
SWPPP required by this permit;
3. Discharges that are required to obtain an individual SPDES permit or
another SPDES general permit pursuant to Part VII.K. of this permit;
4. Construction activities or discharges from construction activities that may
adversely affect an endangered or threatened species unless the owner or
operator has obtained a permit issued pursuant to 6 NYCRR Part 182 for
the project or the Department has issued a letter of non-jurisdiction for the
project. All documentation necessary to demonstrate eligibility shall be
maintained on site in accordance with Part II.C.2 of this permit.
5. Discharges which either cause or contribute to a violation of water quality
standards adopted pursuant to the ECL and its accompanying regulations;
6. Construction activities for residential, commercial and institutional projects:
a. Where the discharges from the construction activities are tributary to
waters of the state classified as AA or AA-s; and
b. Which disturb one or more acres of land with no existing impervious cover;
and
c. Which are undertaken on land with a Soil Slope Phase that is identified as
an E or F, or the map unit name is inclusive of 25% or greater slope, on
the United States Department of Agriculture ("USDA") Soil Survey for the
County where the disturbance will occur.
7. Construction activities for linear transportation projects and linear utility
projects:
a. Where the discharges from the construction activities are tributary to
waters of the state classified as AA or AA-s; and
b. Which disturb two or more acres of land with no existing impervious cover;
and
c. Which are undertaken on land with a Soil Slope Phase that is identified as
an E or F, or the map unit name is inclusive of 25% or greater slope, on
the USDA Soil Survey for the County where the disturbance will occur.
10
(Part I.F.8)
8. Construction activities that have the potential to affect an historic property,
unless there is documentation that such impacts have been resolved. The
following documentation necessary to demonstrate eligibility with this
requirement shall be maintained on site in accordance with Part II.C.2 of
this permit and made available to the Department in accordance with Part
VII.F of this permit:
a. Documentation that the construction activity is not within an
archeologically sensitive 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.
■ 1-5 acres of disturbance - 20 feet
■ 5-20 acres of disturbance - 50 feet
■ 20+ acres of disturbance - 100 feet, or
b. DEC consultation form sent to OPRHP, and copied to the NYS DEC
Agency Historic Preservation Officer (APO), and
(i) the State Environmental Quality Review (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/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); or
c. Documentation of satisfactory compliance with Section 106 of the
National Historic Preservation Act for a coterminous project area:
(i) No Affect
(ii) No Adverse Affect
11
(Part I.F.8.c.iii)
(iii) Executed Memorandum of Agreement, or
d. Documentation that:
(i) SHPA Section 14.09 has been completed by NYS DEC or another
state agency.
9. Discharges from construction activities that are subject to an existing
SPDES individual or general permit where a SPDES permit for construction
activity has been terminated or denied; or where the owner or operator has
failed to renew an expired individual permit.
Part II. OBTAINING PERMIT COVERAGE
A.Notice of Intent (NOI) Submittal
1 . An owner or operator of a construction activity that is not subject to the
requirements of a regulated, traditional land use control MS4 must first
prepare a SWPPP in accordance with all applicable requirements of this
permit and then submit a completed NOI form to the Department in order to
be authorized to discharge under this permit. An owner or operator shall
use either the electronic (eNOI) or paper version of the NOI that the
Department prepared. Both versions of the NOI are located on the
Department's website (http://www.dec.nV.gov/ ). The paper version of the
NOI shall be signed in accordance with Part VII.H. of this permit and
submitted to the following address.
NOTICE OF INTENT
NYS DEC, Bureau of Water Permits
625 Broadway, 4t" Floor
Albany, New York 12233-3505
2. An owner or operator of a construction activity that is subject to the
requirements of a regulated, traditional land use control MS4 must first
prepare a SWPPP in accordance with all applicable requirements of this
permit and then have its SWPPP reviewed and accepted by the regulated,
traditional land use control MS4 prior to submitting the NOI to the
Department. The owner or operator shall have the "MS4 SWPPP
Acceptance" form signed in accordance with Part VII.H., and then submit
that form along with a completed NOI to the Department. An owner or
operatorshall use either the electronic (eNOI) or paper version of the NOI.
The paper version of the NOI shall be signed in accordance with Part VII.H.
of this permit and submitted to the address in Part II.A.1 .
12
(Part II.A.2)
The requirement for an owner or operator to have its SWPPP reviewed and
accepted by the MS4 prior to submitting the NOI to the Department does
not apply to an owner or operator that is obtaining permit coverage in
accordance with the requirements in Part II.E. (Change of Owner or
Operator) or where the owner or operator of the construction activity is the
regulated, traditional land use control MS4.
3. The owner or operator shall have the SWPPP preparer sign the "SWPPP
Preparer Certification" statement on the NOI prior to submitting the form to
the Department.
4. As of the date the NOI is submitted to the Department, the owneroroperator
shall make the NOI and SWPPP available for review and copying in
accordance with the requirements in Part VII.F. of this permit.
B. Permit Authorization
1 . An owner or operator shall not commence construction activity until their
authorization to discharge under this permit goes into effect.
2. Authorization to discharge under this permit will be effective when the owner
or operator has satisfied all of the following criteria:
a. project review pursuant to the State Environmental Quality Review Act
("SEQRA") have been satisfied, when SEQRA is applicable. See the
Department's website (http://www.dec.ny.gov/) for more information,
b. where required, all necessary Department permits subject to the Uniform
Procedures Act ("UPA') (see 6 NYCRR Part 621) have been obtained,
unless otherwise notified by the Department pursuant to 6 NYCRR
621 .3(a)(4). Owners or operators of construction activities that are
required to obtain UPA permits must submit a preliminary SWPPP to the
appropriate DEC Permit Administrator at the Regional Office listed in
Appendix F at the time all other necessary UPA permit applications are
submitted. The preliminary SWPPP must include sufficient information to
demonstrate that the construction activity qualifies for authorization under
this permit,
c. the final SWPPP has been prepared, and
d. a complete NOI has been submitted to the Department in accordance with
the requirements of this permit.
3. An owneroroperatorthat has satisfied the requirements of Part II.13.2 above
13
(Part II.13.3)
will be authorized to discharge stormwater from their construction activity in
accordance with the following schedule:
a. For construction activities that are not subject to the requirements of a
regulated, traditional land use control MS4:
(i) Five (5) business days from the date the Department receives a
complete electronic version of the NOI (eNO1) for construction
activities with a SWPPP that has been prepared in conformance
with the design criteria in the technical standard referenced in Part
III.B.1 and the performance criteria in the technical standard
referenced in Parts III.B., 2 or 3, for construction activities that
require post-construction stormwater management practices
pursuant to Part III.C.; or
(ii) Sixty (60) business days from the date the Department receives a
complete NOI (electronic or paper version) for construction
activities with a SWPPP that has not been prepared in
conformance with the design criteria in technical standard
referenced in Part III.B.1. or, for construction activities that require
post-construction stormwater management practices pursuant to
Part III.C., the performance criteria in the technical standard
referenced in Parts III.B., 2 or 3, or;
(iii) Ten (10) business days from the date the Department receives a
complete paper version of the NOI for construction activities with
a SWPPP that has been prepared in conformance with the design
criteria in the technical standard referenced in Part III.B.1 and the
performance criteria in the technical standard referenced in Parts
III.B., 2 or 3, for construction activities that require post-
construction stormwater management practices pursuant to Part
III.C.
b. For construction activities that are subject to the requirements of a
regulated, traditional land use control MS4:
(i) Five (5) business days from the date the Department receives both
a complete electronic version of the NOI (eNO1) and signed "MS4
SWPPP Acceptance" form, or
(ii) Ten (10) business days from the date the Department receives
both a complete paper version of the NOI and signed "MS4
SWPPP Acceptance" form.
4. The Department may suspend or deny an owner's or operator's coverage
14
(Part II.B.4)
under this permit if the Department determines that the SWPPP does not
meet the permit requirements. In accordance with statute, regulation, and
the terms and conditions of this permit, the Department may deny coverage
under this permit and require submittal of an application for an individual
SPDES permit based on a review of the NOI or other information pursuant
to Part II.
5. Coverage under this permit authorizes stormwater discharges from only
those areas of disturbance that are identified in the NOI. If an owner or
operator wishes to have stormwater discharges from future or additional
areas of disturbance authorized, they must submit a new NOI that
addresses that phase of the development, unless otherwise notified by the
Department. The owner or operator shall not commence construction
activity on the future or additional areas until their authorization to discharge
under this permit goes into effect in accordance with Part II.B. of this permit.
C. General Requirements For Owners or Operators With Permit Coverage
1 . The owner or operator shall ensure that the provisions of the SWPPP are
implemented from the commencement of construction activity until all areas
of disturbance have achieved final stabilization and the Notice of
Termination ("NOT") has been submitted to the Department in accordance
with Part V. of this permit. This includes any changes made to the SWPPP
pursuant to Part III.A.4. of this permit.
2. The owner or operator shall maintain a copy of the General Permit (GP-0-
15-002), NOI, NOI Acknowledgment Letter, SWPPP, MS4 SWPPP
Acceptance form, inspection reports, and all documentation necessary to
demonstrate eligibility with this permit at the construction site until all
disturbed areas have achieved final stabilization and the NOT has been
submitted to the Department. The documents must be maintained 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.
3. The owner or operator of a construction activity shall not disturb greater
than five (5) acres of soil at any one time without prior written authorization
from the Department or, in areas under the jurisdiction of a regulated,
traditional land use control MS4, the regulated, traditional land use control
MS4 (provided the regulated, traditional land use control MS4 is not the
owner or operator of the construction activity). At a minimum, the owner or
operator must comply with the following requirements in order to be
authorized to disturb greater than five (5) acres of soil at any one time:
a. The owner or operator shall
15
(Part II.C.3.a)
have a qualified inspector conduct at least two (2) site inspections in
accordance with Part IV.C. of this permit every seven (7) calendar days,
for as long as greater than five (5) acres of soil remain disturbed. The
two (2) inspections shall be separated by a minimum of two (2) full
calendar days.
b. In areas where soil disturbance activity has temporarily or permanently
ceased, the application of soil stabilization measures must be initiated by
the end of the next business day and completed within seven (7) days
from the date the current soil disturbance activity ceased. The soil
stabilization measures selected shall be in conformance with the technical
standard, New York State Standards and Specifications for Erosion and
Sediment Control, dated August 2005.
c. The owner or operator shall prepare a phasing plan that defines maximum
disturbed area per phase and shows required cuts and fills.
d. The owner or operator shall install any additional site specific practices
needed to protect water quality.
e. The owner or operator shall include the requirements above in their
SWPPP.
4. In accordance with statute, regulations, and the terms and conditions of this
permit, the Department may suspend or revoke an owner's or operator's
coverage under this permit at any time if the Department determines that
the SWPPP does not meet the permit requirements. Upon a finding of
significant non-compliance with the practices described in the SWPPP or
violation of this permit, the Department may order an immediate stop to all
activity at the site until the non-compliance is remedied. The stop work order
shall be in writing, describe the non-compliance in detail, and be sent to the
owner or operator.
5. For construction activities that are subject to the requirements of a
regulated, traditional land use control MS4, the owner or operator shall
notify the regulated, traditional land use control MS4 in writing of any
planned amendments or modifications to the post-construction stormwater
management practice component of the SWPPP required by Part III.A. 4.
and 5. of this permit. Unless otherwise notified by the regulated, traditional
land use control MS4, the owner or operator shall have the SWPPP
amendments or modifications reviewed and accepted by the regulated,
traditional land use control MS4 prior to commencing construction of the
post-construction stormwater management practice
16
(Part ILD)
D. Permit Coverage for Discharges Authorized Under GP-0-10-001
1 . Upon renewal of SPDES General Permit for Stormwater Discharges from
Construction Activity (Permit No. GP-0-10-001), an owner or operator of a
construction activity with coverage under GP-0-10-001, as of the effective
date of GP-0-15-002, shall be authorized to discharge in accordance with
GP-0-15-002, unless otherwise notified by the Department.
An owner or operator may continue to implement the technical/design
components of the post-construction stormwater management controls
provided that such design was done in conformance with the technical
standards in place at the time of initial project authorization. However, they
must comply with the other, non-design provisions of GP-0-15-002.
E. Change of Owner or Operator
2. When property ownership changes or when there is a change in operational
control over the construction plans and specifications, the original owner or
operator must notify the new owner or operator, in writing, of the
requirement to obtain permit coverage by submitting a NOI with the
Department. Once the new owner or operator obtains permit coverage, the
original owner or operator shal I then submit a completed NOT with the name
and permit identification number of the new owner or operator to the
Department at the address in Part II.A.1 . of this permit. If the original owner
or operator maintains ownership of a portion of the construction activity and
will disturb soil, they must maintain their coverage under the permit.
Permit coverage for the new owner or operator will be effective as of the date
the Department receives a complete NOI, provided the original owner or
operatorwas not subject to a sixty (60) business day authorization period that
has not expired as of the date the Department receives the NOI from the new
owner or operator.
17
(Part III)
Part III. STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A. General SWPPP Requirements
1 . A SWPPP shall be prepared and implemented by the owner or operator of
each construction activity covered by this permit. The SWPPP must
document the selection, design, installation, implementation and
maintenance of the control measures and practices that will be used to meet
the effluent limitations in Part I.B. of this permit and where applicable, the
post-construction stormwater management practice requirements in Part
I.C. of this permit. The SWPPP shall be prepared prior to the submittal of
the NOI. The NOI shall be submitted to the Department prior to the
commencement of construction activity. A copy of the completed, final NOI
shall be included in the SWPPP.
2. The SWPPP shall describe the erosion and sediment control practices and
where required, post-construction stormwater management practices that
will be used and/or constructed to reduce the pollutants in stormwater
discharges and to assure compliance with the terms and conditions of this
permit. In addition, the SWPPP shall identify potential sources of pollution
which may reasonably be expected to affect the quality of stormwater
discharges.
3. All SWPPPs that require the post-construction stormwater management
practice component shall be prepared by a qualified professional that is
knowledgeable in the principles and practices of stormwater management
and treatment.
4. The owner or operator must keep the SWPPP current so that it at all times
accurately documents the erosion and sediment controls practices that are
being used or will be used during construction, and all post-construction
stormwater management practices that will be constructed on the site. At a
minimum, the owner or operator shall amend the SWPPP:
a. whenever the current provisions prove to be ineffective in minimizing
pollutants in stormwater discharges from the site;
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, the Department or other regulatory authority.
5. The Department may notify the owner or operator at anytime that the
18
(Part III.A.5)
SWPPP does not meet one or more of the minimum requirements of this
permit. The notification shall 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 the Department, the owner
or operator shall make the required changes to the SWPPP and submit
written notification to the Department that the changes have been made. If
the owner or operator does not respond to the Department's comments in
the specified time frame, the Department 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.C.4. of this permit.
6. 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 post-construction stormwater management practices included in the
SWPPP. The owner or operator shall have each of the contractors and
subcontractors identify at least one person from their company that will be
responsible for implementation of the SWPPP. This person shall be known
as the trained contractor. The owner or operator shall ensure that at least
one trained contractor is on site on a daily basis when soil disturbance
activities are being performed.
The owner or operator shall have each of the contractors and
subcontractors identified above sign a copy of the following certification
statement below before they commence any construction activity:
"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"
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
19
(Part III.A.6)
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 shall 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 construction has commenced, they must also sign the
certification statement and provide the information listed above.
7. For projects where the Department requests a copy of the SWPPP or
inspection reports, the owner or operator shal I submit the documents in both
electronic (PDF only) and paper format within five (5) business days, unless
otherwise notified by the Department.
B. Required SWPPP Contents
1. Erosion and sediment control component - All SWPPPs prepared pursuant
to this permit shall include erosion and sediment control practices designed
in conformance with the technical standard, New York State Standards and
Specifications for Erosion and Sediment Control, dated August 2005.
Where erosion and sediment control practices are not designed in
conformance with the design criteria included in the technical standard, the
owner oroperatormust demonstrate equivalence to the technical standard.
At a minimum, the erosion and sediment control component of the SWPPP
shall include the following:
a. Background information about the scope of the project, including the
location, type and size of project;
b. A site map/construction drawing(s) for the project, including a general
location map. At a minimum, the site map shall 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);
flood plain/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);
c. A description of the soil(s) present at the site, including an identification of
the Hydrologic Soil Group (HSG);
d. A construction phasing plan and sequence of operations describing the
intended order of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and any other
20
(Part III.B.1.d)
activity at the site that results in soil disturbance;
e. 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;
f. A temporary and permanent soil stabilization plan that meets the
requirements of this general permit and the technical standard, New York
State Standards and Specifications for Erosion and Sediment Control,
dated August 2005, for each stage of the project, including initial land
clearing and grubbing to project completion and achievement of final
stabilization;
g. A site map/construction drawing(s) showing the specific location(s),
size(s), and length(s) of each erosion and sediment control practice;
h. 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 temporary sediment
basins and structural practices that will be used to divert flows from
exposed soils;
i. A maintenance inspection schedule for the contractor(s) identified in Part
III.A.6. of this permit, to ensure continuous and effective operation of the
erosion and sediment control practices. The maintenance inspection
schedule shall be in accordance with the requirements in the technical
standard, New York State Standards and Specifications for Erosion and
Sediment Control, dated August 2005;
j. 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;
k. 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
I. Identification of any elements of the design that are not in conformance
with the design criteria in the technical standard, New York State
Standards and Specifications for Erosion and Sediment Control, dated
August 2005. Include the reason for the deviation or alternative design
21
(Part III.B.1.1)
and provide information which demonstrates that the deviation or
alternative design is equivalent to the technical standard.
2. Post-construction stormwater management practice component — The
owner or operator of any construction project identified in Table 2 of
Appendix B as needing post-construction stormwater management
practices shall prepare a SWPPP that includes practices designed in
conformance with the applicable sizing criteria in Part I.C.2.a., c. or d. of
this permit and the performance criteria in the technical standard, New York
State Stormwater Management Design Manual dated January 2015
Where post-construction stormwater management practices are not
designed in conformance with the performance criteria in the technical
standard, 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.
The post-construction stormwater management practice component of the
SWPPP shall include the following:
a. Identification of all post-construction stormwater management practices to
be constructed as part of the project. Include the dimensions, material
specifications and installation details for each post-construction
stormwater management practice;
b. A site map/construction drawing(s) showing the specific location and size
of each post-construction stormwater management practice;
c. 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;
(ii) Map(s) showing post-development conditions, including
watershed/subcatchments boundaries, flow paths/routing, design
points and post-construction stormwater management practices;
(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;
(iv) Summary table, with supporting calculations, which demonstrates
22
(Part III.B.2.c.iv)
that each post-construction stormwater management practice has
been designed in conformance with the sizing criteria included in
the Design Manual;
(v) Identification of any sizing criteria that is not required based on the
requirements included in Part I.C. of this permit; and
(vi) Identification of any elements of the design that are not in
conformance with the performance criteria in the Design Manual.
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 Design Manual;
d. Soil testing results and locations (test pits, borings);
e. Infiltration test results, when required; and
f. An operations and maintenance plan that includes inspection and
maintenance schedules and actions to ensure continuous and effective
operation of each post-construction stormwater management practice.
The plan shall identify the entity that will be responsible for the long term
operation and maintenance of each practice.
3. Enhanced Phosphorus Removal Standards - All construction projects
identified in Table 2 of Appendix B that are located in the watersheds
identified in Appendix C shall prepare a SWPPP that includes post-
construction stormwater management practices designed in conformance
with the applicable sizing criteria in Part I.C.2. b., c. or d. of this permit and
the performance criteria, Enhanced Phosphorus Removal Standards
included in the Design Manual. At a minimum, the post-construction
stormwater management practice component of the SWPPP shall include
items 2.a - 2.f. above.
C. Required SWPPP Components by Project Type
Unless otherwise notified by the Department, 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 conformance with
Part III.B.1 of this permit. Owners oroperators of the construction activities identified
in Table 2 of Appendix B shall prepare a SWPPP that also includes post-construction
stormwater management practices designed in conformance with Part III.B.2 or 3 of
this permit.
23
(Part IV)
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 post-
construction stormwater management practices identified in the SWPPP
are inspected and maintained in accordance with Part IV.B. and C. of this
permit.
2. The terms of this permit shall not be construed to prohibit the State of New
York from exercising any authority pursuant to the ECL, common law or
federal law, or prohibit New York State from taking any measures, whether
civil or criminal, to prevent violations of the laws of the State of New York,
or protect the public health and safety and/or the environment.
B. Contractor Maintenance Inspection Requirements
1. The owner or operator of each construction activity identified in Tables 1
and 2 of Appendix B shall have a trained contractor 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 shall begin implementing corrective actions within
one business day and shall complete the corrective actions in a reasonable
time frame.
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. The trained contractor
shall begin conducting the maintenance inspections in accordance with Part
IV.B.1. of this permit 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 if all areas disturbed as of the project
shutdown date have achieved final stabilization and all post-construction
stormwater management practices required for the completed portion of the
project have been constructed in conformance with the SWPPP and are
operational.
C. Qualified Inspector Inspection Requirements
24
(Part IV.C)
The owner or operator shall have a qualified inspector conduct site inspections in
conformance with the following requirements:
[Note: The trained contractor identified in Part III.A.6. and IV.B. of this permit
cannot conduct the qualified inspector site inspections unless they meet the
qualified inspector qualifications included in Appendix A. In order to perform these
inspections, the trained contractor would have to be a:
- licensed Professional Engineer,
- Certified Professional in Erosion and Sediment Control (CPESC),
- Registered Landscape Architect, 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 Department endorsed training
in proper erosion and sediment control principles from a Soil and Water
Conservation District, or other Department endorsed entity].
1 . A qualified inspector shall conduct site inspections for all construction
activities identified in Tables 1 and 2 of Appendix B, with the exception of:
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 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 E;
b. the construction of a single family home that involves a soil disturbance of
one (1)or more acres of land but less than 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 E;
c. construction on agricultural property that involves a soil disturbance of one
(1) or more acres of land but less than five (5) acres; and
d. construction activities located in the watersheds identified in Appendix D
that involve soil disturbances between five thousand (5,000) square feet
and one (1) acre of land.
2. Unless otherwise notified by the Department, the qualified inspector shall
conduct site inspections in accordance with the following timetable:
a. For construction sites where soil disturbance activities are on-going, the
qualified inspector shall conduct a site inspection at least once every
seven (7) calendar days.
b. For construction sites where soil disturbance activities are on-going and
25
(Part IV.C.2.b)
the owner or operator has received authorization in accordance with Part
II.C.3 to disturb greater than five (5) acres of soil at any one time, the
qualified inspector shall conduct at least two (2) site inspections every
seven (7) calendar days. The two (2) inspections shall be separated by a
minimum of two (2) full calendar days.
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
shall conduct a site inspection at least once every thirty (30) calendar
days. The owner or operator shall notify the DOW Water (SPDES)
Program contact at the Regional Office (see contact information in
Appendix F) or, in areas under the jurisdiction of a regulated, traditional
land use control MS4, the regulated, traditional land use control MS4
(provided the regulated, traditional land use control MS4 is not the owner
or operator of the construction activity) in writing prior to reducing the
frequency of inspections.
d. For construction sites where soil disturbance activities have been shut
down with partial project completion, the qualified inspector can stop
conducting inspections if all areas disturbed as of the project shutdown
date have achieved final stabilization and all post-construction stormwater
management practices required for the completed portion of the project
have been constructed in conformance with the SWPPP and are
operational. The owner or operator shall notify the DOW Water (SPDES)
Program contact at the Regional Office (see contact information in
Appendix F) or, in areas under the jurisdiction of a regulated, traditional
land use control MS4, the regulated, traditional land use control MS4
(provided the regulated, traditional land use control MS4 is not the owner
or operator of the construction activity) in writing prior to the shutdown. If
soil disturbance activities are not resumed within 2 years from the date of
shutdown, the owner or operator shall have the qualified inspector perform
a final inspection and certify that all disturbed areas have achieved final
stabilization, and all temporary, structural erosion and sediment control
measures have been removed, and that all post-construction stormwater
management practices have been constructed in conformance with the
SWPPP by signing the "Final Stabilization" and "Post-Construction
Stormwater Management Practice" certification statements on the NOT.
The owner or operator shall then submit the completed NOT form to the
address in Part II.A.1 of this permit.
e. For construction sites that directly discharge to one of the 303(d)
segments listed in Appendix E or is located in one of the watersheds listed
in Appendix C, the qualified inspector shall conduct at least two (2) site
inspections every seven (7) calendar days. The two (2) inspections shall
26
(Part IV.C.2.e)
be separated by a minimum of two (2) full calendar days.
3. At a minimum, the qualified inspectorshall inspect all erosion and sediment
control practices and pollution prevention measures to ensure integrity and
effectiveness, all post-construction stormwater management practices
under construction to ensure that they are constructed in conformance with
the SWPPP, all areas of disturbance that have not achieved final
stabilization, all points of discharge to natural surface waterbodies located
within, or immediately adjacent to, the property boundaries of the
construction site, and all points of discharge from the construction site.
4. The qualified inspector shall prepare an inspection report subsequent to
each and every inspection. At a minimum, the inspection report shall include
and/or address the following:
a. Date and time of inspection;
b. Name and title of person(s) performing inspection;
c. A description of the weather and soil conditions (e.g. dry, wet, saturated)
at the time of the inspection;
d. A description of the condition of the runoff at all points of discharge from
the construction site. This shall 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;
e. A description of the condition of all natural surface waterbodies located
within, or immediately adjacent to, the property boundaries of the
construction site which receive runoff from disturbed areas. This shall
include identification of any discharges of sediment to the surface
waterbody;
f. Identification of all erosion and sediment control practices and pollution
prevention measures that need repair or maintenance;
g. 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;
h. Description and sketch 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;
27
(Part IV.C.4.i)
i. Current phase of construction of all post-construction stormwater
management practices and identification of all construction that is not in
conformance with the SWPPP and technical standards;
j. 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 post-construction stormwater management practice(s);
k. Identification and status of all corrective actions that were required by
previous inspection; and
I. Digital photographs, with date stamp, that clearly show the condition of all
practices that have been identified as needing corrective actions. The
qualified inspector shall attach paper 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
shall 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 shall 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 shall notify the owner or operator and appropriate contractor or
subcontractor identified in Part III.A.6. of this permit of any corrective
actions that need to be taken. The contractor or subcontractor shall begin
implementing the corrective actions within one business day of this
notification and shall complete the corrective actions in a reasonable time
frame.
6. All inspection reports shall be signed by the qualified inspector. Pursuant to
Part II.C.2. of this permit, the inspection reports shall be maintained on site
with the SWPPP.
Part V. TERMINATION OF PERMIT COVERAGE
A. Termination of Permit Coverage
1. An owner or operator that is eligible to terminate coverage under this permit
must submit a completed NOT form to the address in Part II.A.1 of this
permit. The NOT form shall be one which is associated with this permit,
signed in accordance with Part VII.H of this permit.
28
(Part V.A.2)
2. An owner or operator may terminate coverage when one or more the
following conditions have been met:
a. Total project completion -All construction activity identified in the SWPPP
has been completed; and all areas of disturbance have achieved final
stabilization; and all temporary, structural erosion and sediment control
measures have been removed; and all post-construction stormwater
management practices have been constructed in conformance with the
SWPPP and are operational;
b. Planned shutdown with partial project completion - All soil disturbance
activities have ceased; and all areas disturbed as of the project shutdown
date have achieved final stabilization; and all temporary, structural erosion
and sediment control measures have been removed; and all post-
construction stormwater management practices required for the
completed portion of the project have been constructed in conformance
with the SWPPP and are operational;
c. A new owner or operator has obtained coverage under this permit in
accordance with Part II.E. of this permit.
d. The owner or operator obtains coverage under an alternative SPDES
general permit or an individual SPDES permit.
3. For construction activities meeting subdivision 2a. or 2b. of this Part, the
owner or operator shall have the qualified inspector perform a final site
inspection prior to submitting the NOT. The qualified inspector shall, by
signing the "Final Stabilization" and "Post-Construction Stormwater
Management Practice certification statements on the NOT, certify that all
the requirements in Part V.A.2.a. or b. of this permit have been achieved.
4. For construction activities that are subject to the requirements of a
regulated, traditional land use control MS4 and meet subdivision 2a. or 2b.
of this Part, the owner or operator shall have the regulated, traditional land
use control MS4 sign the "MS4 Acceptance" statement on the NOT in
accordance with the requirements in Part VII.H. of this permit. The
regulated, traditional land use control MS4 official, by signing this
statement, has determined that it is acceptable for the owner or operatorto
submit the NOT in accordance with the requirements of this Part. The
regulated, traditional land use control MS4 can make this determination by
performing a final site inspection themselves or by accepting the qualified
inspector's final site inspection certification(s) required in Part V.A.3. of this
permit.
29
(Part V.A.5)
5. For construction activities that require post-construction stormwater
management practices and meet subdivision 2a. of this Part, the owner or
operator must, prior to submitting the NOT, ensure one of the following:
a. the post-construction stormwater management practice(s) and any right-
of-way(s) needed to maintain such practice(s) have been deeded to the
municipality in which the practice(s) is located,
b. an executed maintenance agreement is in place with the municipality that
will maintain the post-construction stormwater management practice(s),
c. for post-construction stormwater management practices 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,
d. for post-construction stormwater management practices 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 policy and procedures in place that ensures operation and
maintenance of the practices in accordance with the operation and
maintenance plan.
Part VI. REPORTING AND RETENTION OF RECORDS
A. Record Retention
The owner or operator shall retain a copy of the NOI, NOI
Acknowledgment Letter, SWPPP, MS4 SWPPP Acceptance form and any
inspection reports that were prepared in conjunction with this permit for a period of
at least five (5) years from the date that the Department receives a complete NOT
submitted in accordance with Part V. of this general permit.
B. Addresses
With the exception of the NOI, NOT, and MS4 SWPPP Acceptance form (which
must be submitted to the address referenced in Part II.A.1 of this permit), all written
correspondence requested by the Department, including individual permit
applications, shall be sent to the address of the appropriate DOW Water (SPDES)
Program contact at the Regional Office listed in Appendix F.
30
(Part VII)
Part VII. STANDARD PERMIT CONDITIONS
A. Duty to Comply
The owner or operator must comply with all conditions of this permit. All contractors
and subcontractors associated with the project must comply with the terms of the
SWPPP. Any non-compliance with this permit constitutes a violation of the Clean
Water Act (CWA) and the ECL and is grounds for an enforcement action against the
owner or operator and/or the contractor/subcontractor, permit revocation,
suspension or modification; or denial of a permit renewal application. Upon a finding
of significant non-compliance with this permit or the applicable SWPPP, the
Department may order an immediate stop to all construction activity at the site until
the non-compliance is remedied. The stop work order shall be in writing, shall
describe the non-compliance in detail, and shall be sent to the owner or operator.
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). Construction activity shall not resume until written permission to
do so has been received from the RWE.
B. Continuation of the Expired General Permit
This permit expires five (5) years from the effective date. If a new general permit is
not issued prior to the expiration of this general permit, an owner or operator with
coverage under this permit may continue to operate and discharge in accordance
with the terms and conditions of this general permit, if it is extended pursuant to the
State Administrative Procedure Act and 6 NYCRR Part 621, until a new general
permit is issued.
C. Enforcement
Failure of the owner or operator, its contractors, subcontractors, agents and/or
assigns to strictly adhere to any of the permit requirements contained herein shall
constitute a violation of this permit. There are substantial criminal, civil, and
administrative penalties associated with violating the provisions of this permit. Fines
of up to $37,500 per day for each violation and imprisonment for up to fifteen (15)
years may be assessed depending upon the nature and degree of the offense.
D. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for an owner or operator in an enforcement action that it
would have been necessary to halt or reduce the construction activity in order to
maintain compliance with the conditions of this permit.
31
(Part VILE)
E. Duty to Mitigate
The owner or operator and its contractors and subcontractors shall 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.
F. Duty to Provide Information
The owner or operator shall furnish to the Department, within a reasonable specified
time period of a written request, all documentation necessary to demonstrate
eligibility and any information to determine compliance with this permit or to
determine whether cause exists for modifying or revoking this permit, or suspending
or denying coverage under this permit, in accordance with the terms and conditions
of this permit. The NOI, SWPPP 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 (5) 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.
G. Other Information
When the owner or operator becomes aware that they failed to submit any relevant
facts, or submitted incorrect information in the NOI or in any of the documents
required by this permit , or have made substantive revisions to the SWPPP (e.g. the
scope of the project changes significantly, the type of post-construction stormwater
management practice(s) changes, there is a reduction in the sizing of the post-
construction stormwater management practice, or there is an increase in the
disturbance area or impervious area), which were not reflected in the original NOI
submitted to the Department, they shall promptly submit such facts or information to
the Department using the contact information in Part H.A. of this permit. Failure of
the owner or operator to correct or supplement any relevant facts within five (5)
business days of becoming aware of the deficiency shall constitute a violation of this
permit.
H. Signatory Requirements
1 . All NOls and NOTs shall be signed as follows:
a. For a corporation these forms shall be signed 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
32
(Part VII.H.1.a.i)
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 permit application requirements; and where
authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures;
b. For a partnership or sole proprietorship these forms shall be signed by a
general partner or the proprietor, respectively; or
c. For a municipality, State, Federal, or other public agency these forms shall
be signed by either a principal executive officer or ranking elected official.
For purposes of this section, a principal executive officer of a Federal
agency includes:
(i) the chief executive officer of the agency, or
(ii) 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. The SWPPP and other information requested by the Department shall be
signed by a person described in Part VII.H.1. of this permit 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.H.1.
of this permit;
b. The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or a well field,
superintendent, 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
33
(Part VII.H.2.b)
individual or any individual occupying a named position) and,
c. The written authorization shall include the name, title and signature of the
authorized representative and be attached to the SWPPP.
3. All inspection reports shall be signed by the qualified inspector that
performs the inspection.
4. The MS4 SWPPP Acceptance form shall be signed by the principal
executive officer or ranking elected official from the regulated, traditional
land use control MS4, or by a duly authorized representative of that person.
It shall constitute a permit violation if an incorrect and/or improper
signatory authorizes any required forms, SWPPP and/or inspection
reports.
I. Property Rights
The issuance of this permit does not convey any property rights of any sort, nor
any exclusive privileges, nor does it authorize any injury to private property nor
any invasion of personal rights, nor any infringement of Federal, State or local
laws or regulations. Owners or operators must obtain any applicable
conveyances, easements, licenses and/or access to real property prior to
commencing construction activity.
J. 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 shall not be affected thereby.
K. Requirement to Obtain Coverage Under an Alternative Permit
1 . The Department may require any owner or operator authorized by this
permit to apply for and/or obtain either an individual SPDES permit or
another SPDES general permit. When the Department requires any
discharger authorized by a general permit to apply for an individual SPDES
permit, it shall notify the discharger in writing that a permit application is
required. This notice shall include a brief statement of the reasons for this
decision, an application form, a statement setting a time frame for the owner
or operator to file the application for an individual SPDES permit, and a
deadline, not sooner than 180 days from owner or operator receipt of the
notification letter, whereby the authorization to
34
(Part VII.K.1)
discharge under this general permit shall be terminated. Applications must
be submitted to the appropriate Permit Administrator at the Regional Office.
The Department may grant additional time upon demonstration, to the
satisfaction of the Department, that additional time to apply for an
alternative authorization is necessary or where the Department has not
provided a permit determination in accordance with Part 621 of this Title.
2. When an individual SPDES permit is issued to a discharger authorized to
discharge under a general SPDES permit for the same discharge(s), the
general permit authorization for outfalls authorized under the individual
SPDES permit is automatically terminated on the effective date of the
individual permit unless termination is earlier in accordance with 6 NYCRR
Part 750.
L. Proper Operation and Maintenance
The owner or operator shall at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which are
installed or used by the owneroroperatorto achieve compliance with the conditions
of this permit and with the requirements of the SWPPP.
M. Inspection and Entry
The owner or operator shall allow an authorized representative of the Department,
EPA, applicable county health department, 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
conditions of this permit;
2. Have access to and copy at reasonable times, any records that must be
kept under the conditions of this permit; and
3. Inspect at reasonable times any facilities or equipment (including monitoring
and control equipment), practices or operations regulated or required by
this permit.
4. Sample or monitor at reasonable times, for purposes of assuring permit
compliance or as otherwise authorized by the Act or ECL, any substances
or parameters at any location.
35
(Part VII.N)
N. Permit Actions
This permit may, at any time, be modified, suspended, revoked, or renewed by the
Department in accordance with 6 NYCRR Part 621 . The filing of a request by the
owner or operatorfor a permit modification, revocation and reissuance, termination,
a notification of planned changes or anticipated noncompliance does not limit,
diminish and/or stay compliance with any terms of this permit.
O. Definitions
Definitions of key terms are included in Appendix A of this permit.
P. Re-Opener Clause
1 . If there is evidence indicating potential or realized impacts on water quality
due to any stormwater discharge associated with construction activity
covered by this permit, the owner or operator of such discharge may be
required to obtain an individual permit or alternative general permit in
accordance with Part VII.K. of this permit or the permit may be modified to
include different limitations and/or requirements.
2. Any Department initiated permit modification, suspension or revocation will
be conducted in accordance with 6 NYCRR Part 621 , 6 NYCRR 750-1 .18,
and 6 NYCRR 750-1 .20.
Q. Penalties for Falsification of Forms and Reports
In accordance with 6NYCRR Part 750-2.4 and 750-2.5, 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 reports of compliance or noncompliance shall, upon conviction,
be punished in accordance with ECL §71-1933 and or Articles 175 and 210 of the
New York State Penal Law.
R. Other Permits
Nothing in this permit relieves the owner or operator from a requirement to obtain
any other permits required by law.
36
APPENDIX A
Definitions
Alter Hydrology from Pre to Post-Development Conditions - means 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 - means a sewer that is designed to collect and convey both "sewage"
and "stormwater".
Commence (Commencement of) Construction Activities - means 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.
Construction Activity(ies) - means any clearing, grading, excavation, filling, demolition
or stockpiling activities that result in soil disturbance. Clearing activities can include, but
are not limited to, 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.
Direct Discharge (to a specific surface waterbody) - means that 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) - means any addition of any pollutant to waters of the State through an
outlet or point source.
Environmental Conservation Law (ECL) - means chapter 43-B of the Consolidated
Laws of the State of New York, entitled the Environmental Conservation Law.
Equivalent (Equivalence) — means that 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 - means that 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
37
on all disturbed areas that are not covered by permanent structures, concrete or
pavement.
General SPDES permit - means a SPDES permit issued pursuant to 6 NYCRR Part 750-
1.21 and Section 70-0117 of the ECL authorizing a category of discharges.
Groundwater(s) - means waters in the saturated zone. The saturated zone is a
subsurface zone in which all the interstices are filled with water under pressure greater
than that of the atmosphere. Although the zone may contain gas-filled interstices or
interstices filled with fluids other than water, it is still considered saturated.
Historic Property— means 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) - means all impermeable surfaces that cannot effectively
infiltrate rainfall. This includes paved, concrete and gravel surfaces (i.e. parking lots,
driveways, roads, runways and sidewalks); building rooftops and miscellaneous
impermeable structures such as patios, pools, and sheds.
Infeasible — means not technologically possible, or not economically practicable and
achievable in light of best industry practices.
Larger Common Plan of Development or Sale - means a contiguous area where
multiple separate and distinct construction activities are occurring, or will occur, under
one plan. The term "plan" in "larger 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 (SEQRA) environmental assessment form or other
documents, zoning request, computer design, etc.) or physical demarcation (including
boundary signs, lot stakes, surveyor markings, etc.) indicating that construction activities
may occur on a specific plot.
For discrete construction projects that are located within a larger common plan of
development or sale that are at least 1/4 mile apart, each project can be treated as a
separate plan of development or sale provided any interconnecting road, pipeline or utility
project that is part of the same "common plan" is not concurrently being disturbed.
Minimize — means 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 (MS4) - a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
38
ditches, man-made
channels, or storm drains):
(i) Owned or operated by a State, city, town, 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;
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40
CFR 122.2.
National Pollutant Discharge Elimination System (NPDES) - means the national
system for the issuance of wastewater and stormwater permits under the Federal Water
Pollution Control Act (Clean Water Act).
New Development— means any land disturbance that does meet the definition of
Redevelopment Activity included in this appendix.
NOI Acknowledgment Letter - means the letter that the Department sends to an owner
or operator to acknowledge the Department's receipt and acceptance of a complete
Notice of Intent. This letter documents the owner's or operator's authorization to
discharge in accordance with the general permit for stormwater discharges from
construction activity.
Owner or Operator - means the person, persons or legal entity which owns or leases the
property on which the construction activity is occurring; and/or an entity that has
operational control over the construction plans and specifications, including the ability to
make modifications to the plans and specifications.
Performance Criteria — means the design criteria listed under the "Required Elements"
sections in Chapters 5, 6 and 10 of the technical standard, New York State Stormwater
Management Design Manual, dated January 2015. It does not include the Sizing Criteria
(i.e. WQv, RRv, Cpv, Qp and Qf ) in Part I.C.2. of the permit.
Pollutant - means 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 .
39
Qualified Inspector - means 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, or other Department 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 Department
endorsed training in proper erosion and sediment control principles from a Soil and Water
Conservation District, or other Department 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 post-construction stormwater management practices that include
structural components, such as a dam for an impoundment, shall be performed by a
licensed Professional Engineer.
Qualified Professional - means 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 Department endorsed individual(s).
Individuals preparing SWPPPs that require the post-construction stormwater
management practice 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) — means 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.).
Regulated, Traditional Land Use Control MS4 - means a city, town or village with land
use control authority that is required to gain coverage under New York State DEC's
SPDES General Permit For Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s).
40
Routine Maintenance Activity - means construction activity that is performed to
maintain the original line and grade, hydraulic capacity, or original purpose of a facility,
including, but not limited to:
- Re-grading of gravel roads or parking lots,
- Stream bank restoration projects (does not include the placement of spoil
material),
- Cleaning and shaping of existing roadside ditches and culverts that maintains the
approximate original line and grade, and hydraulic capacity of the ditch,
- 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),
- Placement of aggregate shoulder backing that makes the transition between the
road shoulder and the ditch or embankment,
- 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,
- Long-term use of equipment storage areas at or near highway maintenance
facilities,
- 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,
- Existing use of Canal Corp owned upland disposal sites for the canal, and
- Replacement of curbs, gutters, sidewalks and guide rail posts.
Site limitations — means 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 — means the criteria included in Part I.C.2 of the permit that are used to
size post-construction stormwater management control practices. The criteria include;
Water Quality Volume (WQv), Runoff Reduction Volume (RRv), Channel Protection
Volume (Cpv), Overbank Flood (Qp), and Extreme Flood (Qf).
State Pollutant Discharge Elimination System (SPDES) - means the system
established pursuant to Article 17 of the ECL and 6 NYCRR Part 750 for issuance of
permits authorizing discharges to the waters of the state.
Steep Slope — means land area with a Soil Slope Phase that is identified as an E or F, or
41
the map unit name is inclusive of 25% or greater slope, on the United States Department
of Agriculture ("USDA") Soil Survey for the County where the disturbance will occur.
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 — means that an existing disturbed area will not be disturbed again
within 14 calendar days of the previous soil disturbance.
Temporary Stabilization - means that 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 Loads (TMDLs) - A TMDL is 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 on a daily basis and still
meet water quality standards, and an allocation of that amount to the pollutant's sources.
A TMDL stipulates wasteload allocations (WI-As) for point source discharges, load
allocations (LAs) for nonpoint sources, and a margin of safety (MOS).
Trained Contractor - means an employee from the contracting (construction) company,
identified in Part III.A.6., that has received four (4) hours of Department endorsed training
in proper erosion and sediment control principles from a Soil and Water Conservation
District, or other Department 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.6., that meets the qualified inspector qualifications (e.g. licensed Professional
Engineer, Certified Professional in Erosion and Sediment Control (CPESC), Registered
Landscape Architect, 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 Department endorsed training in
proper erosion and sediment control principles from a Soil and Water Conservation
District, or other Department endorsed entity).
The trained contractor is responsible for the day to day implementation of the SWPPP.
Uniform Procedures Act (UPA) Permit - means a permit required under 6 NYCRR Part
42
621 of the Environmental Conservation Law (ECL), Article 70.
Water Quality Standard - means 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.
43
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 or not directly
discharging to one of the 303(d) segments listed in Appendix E
• 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 E
• Construction of a barn or other agricultural building, silo, stock yard or pen.
The following construction activities that involve soil disturbances of one (1) or more acres of
land:
• 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 projects, stormwater
retrofits and stream restoration projects
• Bike paths and trails
• Sidewalk construction projects that are not part of a road/highway construction or
reconstruction project
• Slope stabilization projects
• 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
• Land clearing and grading for the purposes of creating vegetated open space (i.e.
recreational parks, lawns, meadows, fields), excluding projects that 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 project where vegetation will be established and no redevelopment is planned
• Overhead electric transmission line project that does not include the construction of
permanent access roads or parking areas surfaced with impervious cover
• Structural practices as identified in Table II in the "Agricultural Management Practices
Catalog for Nonpoint Source Pollution in New York State", excluding projects that involve soil
disturbances of less than five acres and construction activities that include the construction
or reconstruction of impervious area
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 watersheds identified in Appendix D that
involve soil disturbances between five thousand (5,000)square feet and one (1) acre of
land.
44
Table 2
CONSTRUCTION ACTIVITIES THAT REQUIRE THE PREPARATION OF A SWPPP THAT INCLUDES
POST-CONSTRUCTION STORMWATER MANAGEMENT PRACTICES
The following construction activities that involve soil disturbances of one (1) or more acres of
land:
• 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 E
• 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 E
• 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 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 larger common plan of development or sale that will ultimately
disturb five or more acres of land
• Multi-family residential developments; includes townhomes, condominiums, senior housing
complexes, apartment complexes, and mobile home parks
• Airports
• Amusement parks
• 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) and structural practices as
identified in Table II in the "Agricultural Management Practices Catalog for Nonpoint Source
Pollution in New York State"that include the construction or reconstruction of impervious
area, excluding projects that involve soil disturbances of less than five acres.
• Golf courses
• Institutional, includes hospitals, prisons, schools and colleges
• Industrial facilities, includes industrial parks
• Landfills
• Municipal facilities; includes highway garages, transfer stations, office buildings, POTW's
and water treatment plants
• Office complexes
• Sports complexes
• Racetracks, includes racetracks with earthen (dirt) surface
• Road construction or reconstruction
• Parking lot construction or reconstruction
• 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 over-head electric
transmission line project , wind-power project, cell tower project, oil or gas well drilling
project, sewer or water main project or other linear utility project
• 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
L_-Table 1
45
APPENDIX C
Watersheds Where Enhanced Phosphorus Removal Standards Are Required
Watersheds where owners or operators of construction activities identified in Table
2 of Appendix B must prepare a SWPPP that includes post-construction
stormwater management practices designed in conformance with the Enhanced
Phosphorus Removal Standards included in the technical standard, New York
State Stormwater Management Design Manual ("Design Manual").
• 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
46
Figure 1 - New York City Watershed East of the Hudson
EEKMAN
EAST FISHKILL
PAWLI NG
ATTERSON
KENT
SOUTHEAST
PUT AM VALLE [�
CARMEL BF2'�WSTER
N RTH SALEM
SOMERS
COR A T WISBORO
RKTOW
EDFORD
O N RIDG
OUN K CO
W TLE
RTH CAST
M U LEASAN
{ HA SON
0 EOH Watershed
47
Figure 2 - Onondaga Lake Watershed
CLAY
CICERO
VAN BUREN NO H US
LI OL
SALINA M N US
LV EAST S E
AMUS G DD
ELBRI DG SYRACU
DEWITT
A4ELLUS
SKAN ATFL S ONONDAGA
LAFAYETTE
OTISCO
°SPAFF&RD
TULLY
0 Ph sphorus Wate s e -1
REBLE
48
Figure 3 - Greenwood Lake Watershed
WARWICK
GREENWOOD LAKE
0 Phosphorus Watershed
49
Figure 4 - Oscawana Lake Watershed
PHILIPSTOWN
KENT
PUTNAM VALLEY
OSCAIrVANA LAKE
CARMEL
Phosphorus Watershed
50
Figure 5: Kinderhook Lake Watershed
SAND LAKE
EAST GREE LMIH
3
NASSAU
SCHODACK
EW LFARMON
KINDERHOOK
CHATHAM
CANAAN
VALATIE
Toxin,`tillage,or City Boundaryr for New York State p 9 2 4 Lyes
Kinderhook Lake Watershed
51
APPENDIX D
Watersheds where owners or operators of construction activities that involve soil
disturbances between five thousand (5000) square feet and one (1) acre of land
must obtain coverage under this permit.
Entire New York City Watershed that is located east of the Hudson River - See Figure
1 in Appendix C
52
APPENDIX E
List of 303(d) segments impaired by pollutants related to construction activity(e.g. silt, sediment
or nutrients). Owners or operators of single family home and single family residential subdivisions
with 25% or less total impervious cover at total site build-out that involve soil disturbances of one
or more acres of land, but less than 5 acres, and directly discharge to one of the listed segments
below shall prepare a SWPPP that includes post-construction stormwater management practices
designed in conformance with the New York State Stormwater Management Design Manual
("Design Manual"), dated January 2015.
COUNTY WATERBODY COUNTY WATERBODY
Albany Ann Lee (Shakers) Pond, Stump Pond Greene Sleepy Hollow Lake
Albany Basic Creek Reservoir Herkimer Steele Creek tribs
Allegheny Amity Lake, Saunders Pond Kings Hendrix Creek
Bronx Van Cortlandt Lake Lewis Mill Creek/South Branch and tribs
Broome Whitney Point Lake/Reservoir Livingston Conesus Lake
Broome Fly Pond, Deer Lake Livingston Jaycox Creek and tribs
Broome Minor Tribs to Lower Susquehanna Livingston Mill Creek and minor tribs
(north) Livingston Bradner Creek and tribs
Cattaraugus Allegheny River/Reservoir Livingston Christie Creek and tribs
Cattaraugus Case Lake Monroe Lake Ontario Shoreline,Western
Cattaraugus Linlyco/Club Pond Monroe Mill Creek/Blue Pond Outlet and tribs
Cayuga Duck Lake Monroe Rochester Embayment-East
Chautauqua Chautauqua Lake, North Monroe Rochester Embayment-West
Chautauqua Chautauqua Lake, South Monroe Unnamed Trib to Honeoye Creek
Chautauqua Bear Lake Monroe Genesee River, Lower, Main Stem
Chautauqua Chadakoin River and tribs Monroe Genesee River, Middle, Main Stem
Chautauqua Lower Cassadaga Lake Monroe Black Creek, Lower, and minor tribs
Chautauqua Middle Cassadaga Lake Monroe Buck Pond
Chautauqua Findley Lake Monroe Long Pond
Clinton Great Chazy River, Lower, Main Stem Monroe Cranberry Pond
Columbia Kinderhook Lake Monroe Mill Creek and tribs
Columbia Robinson Pond Monroe Shipbuilders Creek and tribs
Dutchess Hillside Lake Monroe Minor tribs to Irondequoit Bay
Dutchess Wappinger Lakes Monroe Thomas Creek/White Brook and tribs
Dutchess Fall Kill and tribs Nassau Glen Cove Creek, Lower, and tribs
Erie Green Lake Nassau LI Tribs (fresh)to East Bay
Erie Scajaquada Creek, Lower, and tribs Nassau East Meadow Brook, Upper, and tribs
Erie Scajaquada Creek, Middle, and tribs Nassau Hempstead Bay
Erie Scajaquada Creek, Upper, and tribs Nassau Hempstead Lake
Erie Rush Creek and tribs Nassau Grant Park Pond
Erie Ellicott Creek, Lower, and tribs Nassau Beaver Lake
Erie Beeman Creek and tribs Nassau Camaans Pond
Erie Murder Creek, Lower, and tribs Nassau Halls Pond
Erie South Branch Smoke Cr, Lower, and Nassau LI Tidal Tribs to Hempstead Bay
tribs Nassau Massapequa Creek and tribs
Erie Little Sister Creek, Lower, and tribs Nassau Reynolds Channel, east
Essex Lake George (primary county: Warren) Nassau Reynolds Channel,west
Genesee Black Creek, Upper, and minor tribs Nassau Silver Lake, Lofts Pond
Genesee Tonawanda Creek, Middle, Main Stem Nassau Woodmere Channel
Genesee Oak Orchard Creek, Upper, and tribs Niagara Hyde Park Lake
Genesee Bowen Brook and tribs Niagara Lake Ontario Shoreline,Western
Genesee Bigelow Creek and tribs Niagara Bergholtz Creek and tribs
Genesee Black Creek, Middle, and minor tribs Oneida Ballou, Nail Creeks
Genesee LeRoy Reservoir Onondaga Ley Creek and tribs
Greene Schoharie Reservoir Onondaga Onondaga Creek, Lower and tribs
53
APPENDIX E
List of 303(d) segments impaired by pollutants related to construction activity, cont'd.
COUNTY WATERBODY COUNTY WATERBODY
Onondaga Onondaga Creek, Middle and tribs Suffolk Great South Bay,West
Onondaga Onondaga Creek, Upp, and minor tribs Suffolk Mill and Seven Ponds
Onondaga Harbor Brook, Lower, and tribs Suffolk Moriches Bay, East
Onondaga Ninemile Creek, Lower, and tribs Suffolk Moriches Bay,West
Onondaga Minor tribs to Onondaga Lake Suffolk Quantuck Bay
Onondaga Onondaga Creek, Lower, and tribs Suffolk Shinnecock Bay(and Inlet)
Ontario Honeoye Lake Sullivan Bodine, Montgomery Lakes
Ontario Hemlock Lake Outlet and minor tribs Sullivan Davies Lake
Ontario Great Brook and minor tribs Sullivan Pleasure Lake
Orange Monhagen Brook and tribs Sullivan Swan Lake
Orange Orange Lake Tompkins Cayuga Lake, Southern End
Orleans Lake Ontario Shoreline,Western Tompkins Owasco Inlet, Upper, and tribs
Oswego Pleasant Lake Ulster Ashokan Reservoir
Oswego Lake Neatahwanta Ulster Esopus Creek, Upper, and minor
Putnam Oscawana Lake tribs
Putnam Palmer Lake Ulster Esopus Creek, Lower, Main Stem
Putnam Lake Carmel Ulster Esopus Creek, Middle, and minor
Queens Jamaica Bay, Eastern, and tribs (Queens) tribs
Queens Bergen Basin Warren Lake George
Queens Shellbank Basin Warren Tribs to L.George,Village of L
Rensselaer Nassau Lake George
Rensselaer Snyders Lake Warren Huddle/Finkle Brooks and tribs
Richmond Grasmere,Arbutus and Wolfes Lakes Warren Indian Brook and tribs
Rockland Congers Lake, Swartout Lake Warren Hague Brook and tribs
Rockland Rockland Lake Washington Tribs to L.George, East Shr Lk
Saratoga Ballston Lake George
Saratoga Round Lake Washington Cossayuna Lake
Saratoga Dwaas Kill and tribs Washington Wood Cr/Champlain Canal, minor
Saratoga Tribs to Lake Lonely tribs
Saratoga Lake Lonely Wayne Port Bay
Schenectady Collins Lake Wayne Marbletown Creek and tribs
Schenectady Duane Lake Westchester Lake Katonah
Schenectady Mariaville Lake Westchester Lake Mohegan
Schoharie Engleville Pond Westchester Lake Shenorock
Schoharie Summit Lake Westchester Reservoir No.1 (Lake Isle)
Schuyler Cayuta Lake Westchester Saw Mill River, Middle, and tribs
St. Lawrence Fish Creek and minor tribs Westchester Silver Lake
St. Lawrence Black Lake Outlet/Black Lake Westchester Teatown Lake
Steuben Lake Salubria Westchester Truesdale Lake
Steuben Smith Pond Westchester Wallace Pond
Suffolk Millers Pond Westchester Peach Lake
Suffolk Mattituck(Marratooka) Pond Westchester Mamaroneck River, Lower
Suffolk Tidal tribs to West Moriches Bay Westchester Mamaroneck River, Upp, and tribs
Suffolk Canaan Lake Westchester Sheldrake River and tribs
Suffolk Lake Ronkonkoma Westchester Blind Brook, Lower
Suffolk Beaverdam Creek and tribs Westchester Blind Brook, Upper, and tribs
Suffolk Big/Little Fresh Ponds Westchester Lake Lincolndale
Suffolk Fresh Pond Westchester Lake Meahaugh
Suffolk Great South Bay, East Wyoming Java Lake
Suffolk Great South Bay, Middle Wyoming Silver Lake
Note: The list above identifies those waters from the final New York State "2014 Section 303(d) List of
Impaired Waters Requiring a TMDL/Other Strategy", dated January 2015, that are impaired by silt,
sediment or nutrients.
54
APPENDIX F
LIST OF NYS DEC REGIONAL OFFICES
Region COVERING THE DIVISION OF DIVISION OF WATER
FOLLOWING ENVIRONMENTAL (DOW)
COUNTIES: PERMITS (DEP)
PERMIT ADMINISTRATORS WATER (SPDES)
PROGRAM
1 NASSAU AND SUFFOLK 50 CIRCLE ROAD 50 CIRCLE ROAD
STONY BROOK,NY 11790 STONY BROOK,NY 11790-3409
TEL.(631)444-0365 TEL.(631)444-0405
2 BRONX,KINGS,NEW YORK, 1 HUNTERS POINT PLAZA, 1 HUNTERS POINT PLAZA,
QUEENS AND RICHMOND 47-40 21ST ST. 47-40 21ST ST.
LONG ISLAND CITY,NY 11101-5407 LONG ISLAND CITY,NY 11101-5407
TEL.(718)482-4997 TEL.(718)482-4933
3 DUTCHESS,ORANGE,PUTNAM, 21 SOUTH PUTT CORNEIRS ROAD 100 HILLSIDE AVENUE,SUITE 1W
ROCKLAND,SULLIVAN,ULSTER NEW PALTZ,NY 12561-1696 WHITE PLAINS,NY 10603
AND WESTCHESTER TEL.(845)256-3059 TEL.(914)428-2505
4 ALBANY,COLUMBIA, 1150 NORTH WESTCOTT ROAD 1130 NORTH WESTCOTT ROAD
DELAWARE,GREENE, SCHENECTADY,NY 12306-2014 SCHENECTADY,NY 12306-2014
MONTGOMERY,OTSEGO, TEL.(518)357-2069 TEL.(518)357-2045
RENSSELAER,SCHENECTADY
AND SCHOHARIE
5 CLINTON,ESSEX,FRANKLIN, 1115 STATE ROUTE 86, PO BOX 296 232 GOLF COURSE ROAD
FULTON,HAMILTON, RAY BROOK,NY 12977-0296 WARRENSBURG,NY 12885-1172
SARATOGA,WARREN AND TEL.(518)897-1234 TEL.(518)623-1200
WASHINGTON
6 HERKIMER,JEFFERSON, STATE OFFICE BUILDING STATE OFFICE BUILDING
LEWIS,ONEIDA AND 317 WASHINGTON STREET 207 GENESEE STREET
ST. LAWRENCE WATERTOWN,NY 13601-3787 UTICA, NY 13501-2885
TEL. 315 785-2245 TEL. 315 793-2554
7 BROOME,CAYUGA, 615 ERIE BLVD.WEST 615 ERIE BLVD.WEST
CHENANGO,CORTLAND, SYRACUSE, NY 13204-2400 SYRACUSE, NY 13204-2400
MADISON,ONONDAGA, TEL.(315)426-7438 TEL.(315)426-7500
OSWEGO,TIOGA AND
TOMPKINS
8 CHEMUNG,GENESEE, 6274 EAST AVON-LIMA ROAD 6274 EAST AVON-LIMA RD.
LIVINGSTON,MONROE, AVON, NY 14414-9519 AVON, NY 14414-9519
ONTARIO,ORLEANS, TEL.(585)226-2466 TEL.(585)226-2466
SCHUYLER,SENECA,
STEUBEN,WAYNE AND
YATES
9 ALLEGANY, 270 MICHIGAN AVENUE 270 MICHIGAN AVE.
CATTARAUGUS, BUFFALO, NY 14203-2999 BUFFALO, NY 14203-2999
CHAUTAUQUA, ERIE, TEL.(716)851-7165 TEL.(716)851-7070
NIAGARA AND WYOMING
55
SECTION 5
Certifications, Forms, Reports, and Daily Logs
STORMWATER POLLUTION PREVENTION PLAN
NOI PERMITTEE'S CERTIFICATION
FORM 1
Construction Site
COMMERCIAL MIXED USE DEVELOPMENT
Town of OUEENSBURY,WARREN COUNTY,New York
STORMWATER POLLUTION PREVENTION PLAN DATED SEPTEMBER 2017
NOI PERMITTEE'S CERTIFICATION:
"I certify under penalty of law that this document was prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel properly gathered and
evaluated 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
false statements made herein are punishable as a class A misdemeanor pursuant to Section 210.45
of the Penal Law."
NOI Permittee's
Designated Project Manager:
Signed:
Printed Name:
Position:
Date:
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 1
STORMWATER POLLUTION PREVENTION PLAN
CONTRACTOR'S CERTIFICATION LOG
FORM 2
Construction Site
COMMERCIAL MIXED USE DEVELOPMENT
Town of QUEENSBURY,WARREN COUNTY, New York
Company Name
Address
Contact Name
Telephone Number
Cell Phone/Pager
Scope of Services
Certification Date
Company Name
Address
Contact Name
Telephone Number
Cell Phone/Pager
Scope of Services
Certification Date
Company Name
Address
Contact Name
Telephone Number
Cell Phone/Pager
Scope of Services
Certification Date
Designated Project Manager
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 2
STORMWATER POLLUTION PREVENTION PLAN
CONTRACTOR'S/SUBCONTRACTOR'S CERTIFICATION
FORM 3
This form to be completed for each contractor listed on Form 2. Reproduce as needed
Construction Site
COMMERCIAL MIXED USE DEVELOPMENT
Town of OUEENSBURY,WARREN COUNTY,New York
CONSTRUCTION POLLUTION PREVENTION PROGRAM
DATED SEPTEMBER 2017
CONTRACTOR'S CERTIFICATION:
"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."
The Contractor/Subcontractor further understands that the SWPPP and associated Erosion and
Sediment Control Plans represent the MINIMUM erosion and sediment control measures that
will be required to protect the site during construction. Additional erosion and sediment control
measures will be necessary during construction. It will be the responsibility of
Contractor/Subcontractor to implement all additional erosion and sediment control measures
necessary to protect the site during construction.
CONTRACTOR: SUBCONTRACTOR:
Name(Print): Name(Print):
Signature: Signature:
Date: Date:
Title: Title:
Company Name: Company Name:
Address: Address:
Phone: Phone:
Elements of SWPPP Contractor/Subcontractor responsible for:
Name of Trained Contractor Responsible for SWPPP Implementation:
Title of Trained Contractor Responsible for SWPPP Implementation:
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 3
FORM 4
BOGUSLAW BIELECKI—COMMERCIAL MIXED USE DEVELOPMENT
SWPPP#
This form to be completed by Contractor's designated inspector at least weekly. Reproduce as needed.
SWPPP INSPECTION REPORTS Page 1 of
Date
Weather and Soil Conditions
Weather Conditions:
Soil Conditions: Dry [ ] Wet [ ] Saturated[ ] Snow Covered[ ] Frozen[ ]
Maintaining Water Quality
Yes No NA
[ ] [ ] [ ] Is there an increase in turbidity causing a substantial visible contrast to natural conditions?
[ ] [ ] [ ] Is there residue from oil and floating substances,visible oil film,or globules or grease?
[ ] [ ] [ ] All disturbance is within the limits of the approved plans.
[ ] [ ] [ ] Have receiving lake/bay,stream,and/or wetland been impacted by silt from project?
Housekeeping
1. General Site Conditions
Yes No NA
[ ] [ ] [ ] Is construction site litter and debris appropriately managed?
[ ] [ ] [ ] Are facilities and equipment necessary for implementation of erosion and sediment control in
working order and/or properly maintained?
[ ] [ ] [ ] Is construction impacting the adjacent property?
[ ] [ ] [ ] Is dust adequately controlled?
2. Temporary Stream Crossing
Yes No NA
[ ] [ ] [ ] Maximum diameter pipes necessary to span creek without dredging are installed.
[ ] [ ] [ ] Installed non-woven geotextile fabric beneath approaches.
[ ] [ ] [ ] Is fill composed of aggregate(no earth or soil)?
[ ] [ ] [ ] Rock on approaches is clean enough to remove mud from vehicles and prevent sediment from
entering stream during high flow.
Runoff Control Practices
1. Excavation Dewatering
Yes No NA
[ ] [ ] [ ] Upstream and downstream berms(sandbags,inflatable dams,etc.)are installed per plan.
[ ] [ ] [ ] Clean water from upstream pool is being pumped to the downstream pool.
[ ] [ ] [ ] Sediment-laden water from work area is being discharged to a silt-trapping device.
[ ] [ ] [ ] Constructed upstream berm with one-foot minimum freeboard.
2. Water Bar
Yes No NA
[ ] [ ] [ ] Installed per plan with vehicle crossings stabilized with gravel.
[ ] [ ] [ ] Outlet located on undisturbed soil or lined with riprap.
[ ] [ ] [ ] Bar height is 12-inch minimum from bottom of channel with minimum base width of 6-foot.
3. Interceptor Dikes and Swales
Yes No NA
[ ] [ ] [ ] Installed per plan with minimum side slopes 1 V:3H or flatter.
[ ] [ ] [ ] Stabilized by geotextile fabric,seed,or mulch with no erosion occurring.
[ ] [ ] [ ] Sediment-laden runoff directed to sediment trapping structure.
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 1
FORM 4
BOGUSLAW BIELECKI—COMMERCIAL MIXED USE DEVELOPMENT
SWPPP#
This form to be completed by Contractor's designated inspector at least weekly. Reproduce as needed.
SWPPP INSPECTION REPORT Page 2 of
Date
4. Stone Check Dam
Yes No NA
[ ] [ ] [ ] Is channel stable?(flow is not eroding soil underneath or around the structure).
[ ] [ ] [ ] Check is in good condition(rocks in place and no permanent pools behind the structure).
[ ] [ ] [ ] Has accumulated sediment been removed?
5. Rock Outlet Protection
Yes No NA
[ ] [ ] [ ] Installed per plan.
[ ] [ ] [ ] Installed concurrently with pipe installation.
Soil Stabilization
1. Topsoil and Spoil Stockpiles
Yes No NA
[ ] [ ] [ ] Stockpiles are stabilized with vegetation and/or mulch.
[ ] [ ] [ ] Sediment control is installed at the toe of the slope.
2. Revegetation
Yes No NA
[ ] [ ] [ ] Temporary seedings and mulch have been applied to idle areas.
[ ] [ ] [ ] Four inches minimum of topsoil has been applied under permanent seedings.
Sediment Control Practices
1. Stabilized Construction Entrance
Yes No NA
[ ] [ ] [ ] Stone is clean enough to effectively remove mud from vehicles.
[ ] [ ] [ ] Installed per standards and specifications?
[ ] [ ] [ ] Does all traffic use the stabilized entrance to enter and leave site?
[ ] [ ] [ ] Is adequate drainage provided to prevent ponding at entrance?
2. Silt Fence
Yes No NA
[ ] [ ] [ ] Installed on Contour,ten feet from toe of slope(not across conveyance channels).
[ ] [ ] [ ] Joints constructed by wrapping the two ends together for continuous support.
[ ] [ ] [ ] Fabric buried six inches minimum.
[ ] [ ] [ ] Posts are stable,fabric is tight and without rips or frayed areas.
Sediment accumulation is %of design capacity.
3. Storm Drain Inlet Protection(Use for Stone&Block;Filter Fabric;Curb;or,Excavated practices)
Yes No NA
[ ] [ ] [ ] Installed concrete blocks lengthwise so open ends face outward,not upward.
[ ] [ ] [ ] Placed wire screen between No.3 crushed stone and concrete blocks.
[ ] [ ] [ ] Drainage area is one acre or less.
[ ] [ ] [ ] Excavated area is 900 cubic feet.
[ ] [ ] [ ] Excavated side slopes should be 2:1.
[ ] [ ] [ ] 2"x 4"frame is constructed and structurally sound.
[ ] [ ] [ ] Posts three-foot maximum spacing between posts.
[ ] [ ] [ ] Fabric is embedded 1 to 1.5 feet below ground and secured to frame/posts with staples at
maximum eight inch spacing.
[ ] [ ] [ ] Posts are stable,fabric is tight and without rips or frayed areas.
Sediment accumulation %of design capacity.
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 2
FORM 4
BOGUSLAW BIELECKI—COMMERCIAL MIXED USE DEVELOPMENT
SWPPP#
This form to be completed by Contractor's designated inspector at least weekly. Reproduce as needed.
SWPPP INSPECTION REPORT Page 3 of
Date
4. Temporary Sediment Trap
Yes No NA
[ ] [ ] [ ] Outlet structure is constructed per the approved plan or drawing.
[ ] [ ] [ ] Geotextile fabric has been placed beneath rock fill.
Sediment accumulation is %of design capacity.
5. Temporary Sediment Basin
Yes No NA
[ ] [ ] [ ] Basin and outlet structure constructed per the approved plan.
[ ] [ ] [ ] Basin side slopes are stabilized with seed/mulch.
[ ] [ ] [ ] Drainage structure flushed and basin surface restored upon removal of sediment basin facility.
Sediment accumulation is %of design capacity.
Dust Control Practices
1. Haul Road and Current Work Areas
Yes No NA
[ ] [ ] [ ] Are all traffic surface areas sufficiently treated to prevent fugitive dust?
[ ] [ ] [ ] Are any areas of site's non-traffic and work area experiencing wind erosion?
[ ] [ ] [ ] Are there any disturbed areas in need of temporary seed and mulch to protect surface from wind
erosion?
[ ] [ ] [ ] Is watering truck on-site?
[ ] [ ] [ ] Is dust visible in air at any location of the site?
Note: Not all erosion and sediment control practices are included in this listing. Add additional pages to this list
as required by site-specific design.
Construction inspection checklists for post-development stormwater management practices can be found in
Appendix F of the New York Stormwater Management Design Manual.
Description of condition of runoff at all points of discharge from the construction site. (This shall include
identification of discharges of sediment from the construction site. Include discharges from conveyance systems
(i.e.pipes,culverts,ditches,etc.)and overland flow.)
Description of areas that are disturbed at the time of the inspection and areas that have been stabilized(temporary
and/or final)since the last inspection(see Page 5 for Sketch).
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 3
FORM 4
BOGUSLAW BIELECKI—COMMERCIAL MIXED USE DEVELOPMENT
SWPPP#
This form to be completed by Contractor's designated inspector at least weekly. Reproduce as needed.
SWPPP INSPECTION REPORT Page 4 of
Date
ADDITIONAL COMMENTS*:
Inspector(print name and title) Date and Time of Inspection
Qualified Professional(print name) Qualified Professional Signature
The above signed acknowledges that,to the best of his/her knowledge,all information provided on the forms is
accurate and complete.
*Attach photographs of practices identified as needing corrective actions.
NOTE: IN ACCORDANCE WITH PART IV.C.4 OF THE SPDES GENERAL PERMIT(GP-0-15-002),
THE QUALIFIED INSPECTOR MUST NOTIFY THE OWNER OR OPERATOR AND APPROPRIATE
CONTRACTOR OF ANY CORRECTIVE ACTIONS THAT NEED TO BE TAKEN. THE CONTRACTOR
SHALL BEGIN IMPLEMENTING THE CORRECTIVE ACTIONS WITHIN ONE(1)BUSINESS DAY OF
THIS NOTIFICATION AND SHALL COMPLETE THE CORRECTIVE ACTIONS IN A REASONABLE
TIME FRAME.
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 4
STORMWATER POLLUTION PREVENTION PLAN
MODIFICATION REPORT
FORM 5
This form to be used only when Contractor's designated inspector believes changes to
the SWPPP and/or Erosion and Sediment control plans is warranted. For example,
additional erosion control measures needed or removal ofspecific control measures
can be done without adverse impact. This form must be approved by Designated Project
Manager prior to implementation.
Construction Site
COMMERCIAL MIXED USE DEVELOPMENT
Town of QUEENSBURY,WARREN COUNTY,New York
CHANGES REQUIRED FOR STORMWATER POLLUTION PREVENTION PLAN
To: Designated Project Manager Date:
Address:
Telephone:
Facsimile:
Sent Via: ❑ Facsimile ❑ E-mail ❑ US Mail
INSPECTOR: DATE:
(Print)
(Signature)
QUALIFICATIONS OF INSPECTOR:
CHANGES REQUIRED TO THE STORMWATER POLLUTION PREVENTION PLAN:
REASONS FOR CHANGES:
TO BE PERFORMED BY: ON OR BEFORE:
APPROVED BY DESIGNATED PROJECT MANAGER DATE:
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 1
STORMWATER POLLUTION PREVENTION PLAN
RECORD OF STABILIZATION AND CONSTRUCTION ACTIVITIES
FORM 6
Construction Site
COMMERCIAL MIXED USE DEVELOPMENT
Town of QUEENSBURY,WARREN COUNTY,New York
A record of dates when major grading activities occur,when construction activities temporarily or permanently cease on a
portion of the site,and when stabilization measures are initiated shall be maintained until final site stabilization is achieved
and the Notice of Termination is filed.Reproduce copies of this form as needed.
MAJOR GRADING,CONSTRUCTION,OR STABILIZATION ACTIVITIES
Description of Activity:
Begin Date: Site Contractor:
Location:
End Date:
Description of Activity:
Begin Date: Site Contractor:
Location:
End Date:
Description of Activity:
Begin Date: Site Contractor:
Location:
End Date:
Description of Activity:
Begin Date: Site Contractor:
Location:
End Date:
Description of Activity:
Begin Date: Site Contractor:
Location:
End Date:
Designated Project Manager
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 2
STORMWATER POLLUTION PREVENTION PLAN
RECORD OF TEMPORARY EROSION AND SEDIMENT CONTROL PRACTICES
FORM 6A
Construction Site
COMMERCIAL MIXED USE DEVELOPMENT
Town of QUEENSBURY,WARREN COUNTY,New York
A record of the timing of temporary erosion and sediment control practices to be implemented, including the timing of
initial placement and the duration that each practice should remain in place. The record may reflect the actual date of
planned installation or the specific construction activity with which it will be associated. The timing of removal may
reflect an actual date or the length of time over which the practice will be implemented.
TEMPORARY EROSION AND SEDIMENT CONTROL PRACTICES
Description of Practice:
Date/Timing of Initial Placement: Site Contractor:
Location:
Projected Date/Timing of Removal:
Description of Practice:
Date/Timing of Initial Placement: Site Contractor:
Location:
Projected Date/Timing of Removal:
Description of Practice:
Date/Timing of Initial Placement: Site Contractor:
Location:
Projected Date/Timing of Removal:
Description of Practice:
Date/Timing of Initial Placement: Site Contractor:
Location:
Projected Date/Timing of Removal:
Description of Practice:
Date/Timing of Initial Placement: Site Contractor:
Location:
Projected Date/Timing of Removal:
Designated Project Manager
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 3
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STORMWATER POLLUTION PREVENTION PLAN
FINAL STABILIZATION CERTIFICATION/NOTICE OF TERMINATION CHECKLIST
FORM 8
This form is to be completed by Contractor and submitted to Designated Project Manager for
approval only afterContractor believes all work regulated by SWPPP is complete.
Construction Site
COMMERCIAL MIXED USE DEVELOPMENT
Town of QUEENSBURY,WARREN COUNTY,New York
1. ❑ All soil disturbing activities are complete.
2. ❑ Temporary Erosion and Sediment Control Measures have been removed or will be removed at the
appropriate time.
3. ❑ All areas of the Construction Site not otherwise covered by a permanent pavement or structure have
been stabilized with a uniform perennial vegetative cover with a density of 85% or equivalent
measures have been employed.
CONTRACTOR'S CERTIFICATION:
"I certify under penalty of law that all storm water discharges associated with industrial activity
from the identified project that are authorized by NPDES general permit have been eliminated
and that all disturbed areas and soils at the construction site have achieved Final Stabilization
and all temporary erosion and sediment control measures have been removed or will be
removed at the appropriate time.
Company Name
Name(Print)
Signature
Date
APPROVED BY DESIGNATED PROJECT MANAGER DATE:
NOI Permittee: BOGUSLAW BIELECKI
COMMERCIAL MIXED USE DEVELOPMENT 5
SECTION 6
Supplemental Information
1. Stormwater Management Narrative — Appendices
and Figures Available Upon Request
Stormwater Management Narrative
PROPOSED COMMERCIAL
MIXED USE DEVELOPMENT
Luzerne Road
Town of Queensbury
Warren County, New York
Applicant:
Boguslaw Bielecki
282 Glen Street
Glens Falls, NY 12801
September 2017
Prepared By:
The Environmental Design Partnership, LLP
900 Route 146
Clifton Park, NY 12065
eLPENVIRONMENTAL DESIGN
PARTNERSHIP, LLP.
ENVIRONMENTAL DESIGN
PARTNERSHIP,LLP.
TABLE OF CONTENTS
Contents
1.0 Introduction ...................................................................................................................................... 3
2.0 Existing Conditions............................................................................................................................3
2.1 Soil and Groundwater Conditions............................................................................................3
3.0 Predevelopment Stormwater Analysis .............................................................................................4
4.0 Stormwater Management Planning and Practice Selection.............................................................5
5.0 Post-Development Stormwater Analysis..........................................................................................6
5.1 Stormwater Management Area #1 and #2—Underground Infiltration....................................6
5.2 Stormwater Management Area #3 - Bioretention ...................................................................7
5.3 Stormwater Management Area #4—Infiltration Basin............................................................8
5.4 NYS Unified Stormwater Sizing Criteria....................................................................................8
5.4.1 Water Quality(WQv).....................................................................................................8
5.4.2 Runoff Reduction Volume (RRv)................................................................................11
5.4.3 Channel Protection Volume (CPv).............................................................................13
5.4.4 Overbank Flood (Qp)...................................................................................................13
5.4.5 Extreme Flood (Qf)......................................................................................................14
5.5 Town of Queensbury Stormwater Regulations..........................................................................14
6.0 Summary.....................................................................................................................................................15
Figures
Figure 1—Site Location Map
Figure 2— Predevelopment Drainage Map
Figure 3— Post-development Drainage Map
Attachments
Attachment A—WQv Calculations
Attachment B—Stormwater Modeling Calculations
2
900 Route 146, Clifton Park, New York 12065
phone (518)371-7621 - fax (518)371-9540
e-mail: info@edpllp.com
ENVIRONMENTAL DESIGN
ect) PARTNERSHIP,LLP.
1.0 Introduction
The Applicant, Boguslaw Bielecki, is proposing the development of an existing 12.92 acre parcel
located along the north side of Luzerne Road, on the west side of 1-87, in the Town of
Queensbury. The proposed development will consist of two (2) commercial mixed use
buildings, truck loading docks, and associated parking and travel surfaces.
A stormwater management system has been designed to provide pollutant removal, reduce
channel erosion, prevent overbank flooding, and safely control extreme flood events in
accordance with the NYS Stormwater Management Design Manual (Design Manual). The
proposed stormwater management system for the project will include two (2) underground
infiltration systems, one (1) bioretention area, and one (1) infiltration basin providing a storage
volume on the order of 0.651 ac-ft.
This narrative presents a review of the design concepts and parameters of the stormwater
management system for the proposed development. The purpose of the stormwater
management narrative is to assure that changes in the surface runoff characteristics, as a result
of the proposed construction, will not adversely impact adjacent or downstream properties.
On-site stormwater management will be implemented in accordance with the NYS Stormwater
Management Design Manual and Chapter 147 of the Town of Queensbury Code to
accommodate both additional stormwater runoff and to provide water quality treatment
according to the green infrastructure standards.
2.0 Existing Conditions
The existing project site is a vacant lot and consists of predominately wooded areas with a pond
at the northern most end of the parcel. Upon review of historical USGS mapping and anecdotal
sources, a portion of the site was utilized as a borrow pit for the construction of 1-87. Since the
time of original excavation the site has revegetated with predominately poplar trees. The
following section of this narrative will discuss the existing native soils as well as soils in the
areas of prior excavation. Existing slopes vary from 1% to 10% with existing drainage to the east
(Niagara Mohawk) and north (existing pond).
2.1 Soil and Groundwater Conditions
The USDA Natural Resources Conservation Service Soil Survey identifies the native soil group on
the site as Oakville loamy fine sand — OaB and provides the approximate limits of the previously
excavated portion of the site. The Oakville sand series generally consists of deep, well drained
soils. The Soil Survey identifies the Oakville series as Hydrologic Soil Group (HSG) "A".
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Test pits were performed in August 2017, by The Environmental Design Partnership, LLP, in the
areas of the proposed buildings, stormwater devices and wastewater absorption system. The
soils at the southern side of the parcel, closer to Luzerne Road, were medium to coarse sand to
a depth of 8 feet and consistent with the OaB soil series. The soils in the areas of prior
excavation predominately consisted of sand and topsoil, buried trees, decaying vegetation,
organics and fine sand throughout. The soils to a depth of 3 feet closely resembled a sandy
topsoil, therefore this area was classified as having an HSG of "A". Groundwater was observed
at the site at an elevation of approximately 486, with some mottling and seasonal high levels at
an elevation of approximately 487.
Additionally, one infiltration test and one percolation test were completed at the site. The
infiltration test was completed in the area of native soil and found infiltration rates to be in
excess of 100 inches per hour. The percolation test was completed in the area of prior
excavation at a depth of 18 inches and found a rate of 4.5 minutes per inch, or 13 inches per
hour.
3.0 Predevelopment Stormwater Analysis
The existing hydrologic conditions, in the area to be disturbed as a result of the proposed
construction, were analyzed using Applied Microcomputer Systems' "Hydrocad" computer
modeling program. The HydroCAD stormwater modeling program employs the United States
Department of Agriculture's Soil Conservation Service (SCS) Technical Release 20 (TR-20)
method for stormwater analysis. Using this modeling technique, the site is divided into
"subcatchments" that represent specific areas contributing stormwater runoff to an existing, or
proposed drainage feature. The subcatchments typically flow through "reaches" (i.e., swales,
channels, or pipes) that convey the stormwater to storm basins or discharge areas.
A HydroCAD model was used to establish the predevelopment runoff characteristics of the site
with the results included as Appendix B. The existing site was modeled as two (2)
subcatchments and two (2) discharge points, Design Point A and Design Point B (Figure 2). The
total predevelopment stormwater discharge was evaluated for several design storms.
Table 1 presents a summary of the predevelopment stormwater peak discharge for the 1 year,
10 year and 100 year design storm events at the respective Design Points. As will be discussed
in subsequent sections, the post development stormwater discharge rate has been limited to
the predevelopment discharge rate for the 1-year, 10-year, and 100-year storm events.
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Table 1: Predevelopment Stormwater Peak Discharge Rate
Storm Event Design Point A (cfs) Design Point B (cfs)
1-Year (2.15") 0.0 0.0
10-Year (3.60") 0.0 0.01
100-Year (6.00") 0.11 0.79
The existing site consists of portions of the existing road, mixed woods and grass (area of prior
excavation) and wooded areas with soils on the site categorized as Hydrologic Soil Group (HSG)
"A". The predevelopment Curve Number (CN) for the road, brush areas, and wooded areas was
established as 98, 43 and 32, respectively.
4.0 Stormwater Management Planning and Practice Selection
The site layout and stormwater design for this project was completed while taking into
consideration the potential impacts on the existing site hydrology. The existing site
predominately infiltrates stormwater runoff, therefore the proposed system will rely on
infiltration practices. Various measures were taken to help ensure that the post-development
hydrology of the site will closely resemble the pre-development hydrology. These measures
included but were not limited to reduction of clearing and grading and soil restoration.
The existing parcel consists of 12.92 acres of land; however the limits of development will only
encompass 5.348 acres due to the areas of previous disturbance. The areas of previous
disturbance have since revegetated and will not be cleared during construction.
Soil restoration has been called for throughout the site in accordance with Chapter 5 of the NYS
Stormwater Management Design Manual. The soils on the site are classified as HSG A therefore
aeration and topsoil are needed in areas of cut or fill. In high traffic areas that are to remain
pervious, especially around the proposed building and equipment storage areas, the soils shall
be fully restored by tilling compost into the sub-soils prior to applying topsoil and vegetating.
By applying these methods to the soils on the site the original properties and porosity of the
soils will be recovered, which will allow for an improvement in the soil infiltration as well as
lawn and landscaping sustainability.
Stormwater management on the site is designed to be infiltration. Infiltration practices are
considered a standard SMP with RRv Capacity by the NYSDEC Stormwater Management Design
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Manual. By using infiltration practices that are located relatively close to the source of runoff
the post-development hydrology will more closely match the predevelopment hydrology.
5.0 Post-Development Stormwater Analysis
The post development conditions, in the area to be disturbed as a result of the proposed
construction, were analyzed using Applied Microcomputer Systems' "Hydrocad" computer
modeling program. The HydroCAD stormwater modeling program employs the United States
Department of Agriculture's Soil Conservation Service (SCS) Technical Release 20 (TR-20)
method for stormwater analysis. Using this modeling technique, the site is divided into
"subcatchments" that represent specific areas contributing stormwater runoff to an existing, or
proposed drainage feature. The subcatchments typically flow through "reaches" (i.e., swales,
channels, or pipes) that convey the stormwater to storm basins or discharge areas.
Stormwater runoff from the proposed development will be managed within two (2)
underground infiltration system, one (1) bioretention area, and one (1) infiltration basin.
Stormwater runoff from the paved portions of the site will flow to a closed drainage system
which will direct the runoff to the respective proposed stormwater management area.
A post development curve number (CN) of 98 was assigned to all impervious surfaces within the
proposed site. A post development CN of 39 was assigned to all grassed area directly
contributing to the closed stormwater management system. The weighted CN for the post
development conditions contributed to the proposed management system is approximately 72.
The HydroCAD model results for the post development conditions are included within Appendix
B.
5.1 Stormwater Management Area 41 and 42—Underground Infiltration
Stormwater Management Area #1 (SMA#1) will provide treatment and attenuation of
stormwater runoff from the western portion of the site including proposed parking areas, drive
aisle and loading docks. The stormwater runoff will be collected within a closed drainage
system and piped to the proposed stormwater device. The total usable storage volume of
SMA#1 will be approximately 6,107 cf. The contributing area of this SMA includes
approximately 1.808 acres with approximately 1.228 areas of impervious area.
Stormwater Management Area #2 (SMA#2) will provide treatment and attenuation of
stormwater runoff from the eastern portion of the site including proposed parking areas, drive
aisle and loading docks. The stormwater runoff will be collected within a closed drainage
system and piped to the proposed stormwater device. The total usable storage volume of
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SMA#2 will be approximately 7,311 cf. The contributing area of this SMA includes
approximately 1.926 acres with approximately 0.989 areas of impervious area.
SMA#1 and SMA#2 have each been designed as underground infiltration systems. Chapter 9 of
the NYS Stormwater Design Manual (Design Manual) recognizes underground infiltration
systems as standard infiltration practices when all the required elements, design guidance, soil
testing, and maintenance requirements are followed. Infiltration practices can meet detention
and channel protection requirements when the soil infiltration rate is greater than 5 inches per
hour. Pretreatment will be provided with a "treatment train" including vortex hydrodynamic
water quality units and an isolator row, which have been modeling and sized to provide
treatment and conveyance of the contributing stormwater runoff. The SMA's were modeled
with a conservative infiltration rate of 15 inches per hour, which is well below the field
measured infiltration rate (> 100 inches per hour). The SMA's will be able to fully drain is less
than 24 hours.
SMA#1 and #2 will be located under the proposed drive aisles in the area of the native soils.
Each underground system has been designed with an overflow culvert to provide relief to the
downstream infiltration area. The SMA's have been designed to fully attenuate and infiltrate
runoff for storm events up to and including the 10-year design storm. The modeling indicates
that the overflow culvert for both SMA#1 and #2 will be utilized for the 100 year design storm.
5.2 Stormwater Management Area 43 - Bioretention
Stormwater Management Area #3 (SMA#3) will provide treatment of stormwater runoff from
the rooftops of the two proposed buildings, The stormwater runoff will flow from the buildings
to the adjacent grass area and sheetflow to the SMA. The total useable storage volume of
SMA#3 is approximately 4,841 cf. The contributing area of this device include approximately
0.785 acres with approximately 0.561 acres of impervious area.
SMA#3 has been designed as a Bioretention area (F-5). The NYS Stormwater Design Manual
recognizes bioretention as suitable for high density and commercial sites with contributing
drainage areas less than 5 acres. The use of sheet drainage to this surface infiltration device
allows for the device to kept shallow, providing sufficient separation to groundwater while
utilizing the well-draining soils. Pretreatment will be provided for a minimum of 25% of the
water quality volume via a gravel diaphragm.
SMA#3 will be located in the interior of the site, at the rear side of the two proposed buildings.
The SMA has been designed with an overflow catch basin located in the middle of the basin to
limit the water surface elevation of the SMA to 6 inches of ponding. The catch basin will convey
excess runoff to the downstream infiltration area.
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5.3 Stormwater Management Area 44 —Infiltration Basin
Stormwater Management Area #4 (SMA#4) will provide treatment of stormwater runoff from
parking areas and drive aisle at the northern portion of the proposed development.
Furthermore the basin will provide detention and infiltration capacity for overflow discharge
from the upstream SMA's. The stormwater runoff will flow across the pavement, be collected in
a rip rap swale and conveyed to the basin. The total useable storage volume of SMA#4 will be
approximately 10,120 cf. The contributing area of this basin includes approximately 0.828 acres
with 0.232 acres of impervious area.
SMA#4 has been designed as an infiltration basin. The NYS Stormwater Design Manual
recognizes infiltration basins as suitable for commercial sites with less than 10 acres of
contributing area. Pretreatment will be provided via a sediment forebay sized for 100% of the
contributing Water Quality volume. The infiltration basin is located in the portion of the site
that was previously excavated. The SMA was designed as a shallow basin with a larger area to
provide separation to groundwater, while still providing infiltration capacity. The SMA was
conservatively modeled with an infiltration rate of 2 inches per hour, which is well below the
measured infiltration rate (13 inches per hour).
The SMA will be located at the north end of the proposed development and will include a large
overflow weir designed to direct overflows during an extreme storm event. The overflow weir
will convey any flow to the existing pond at the northernmost portion of the site. Stormwater
modeling indicates that the overflow weir will not be required for storms up to and including
the 100 year design storm.
5.4 NYS Unified Stormwater Sizing Criteria
The proposed post development site conditions were analyzed using Applied Microcomputer
Systems' "Hydrocad" computer modeling program, the results have been included with this
report. A technical description of the HydroCAD stormwater modeling program was provided
in a previous section.
The area to be disturbed as a result of the proposed development was modeled under the post
development conditions using 8 subcatchment areas (Figure 3) routed into the stormwater
management areas. The contributing area of each stormwater management area is identified
on Figure 3. The post development stormwater management system has been designed based
on the Unified Stormwater Sizing Criteria as described in the following sections.
5.4.1 Water Quality (WQ,)
In general, small storm events and the initial runoff from larger storm events are an
environmental concern as this stormwater runoff typically contains roadway pollutants and
thermal energy stored by the asphalt. In accordance with the NYS Stormwater Management
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Design Manual, this initial runoff is designated as the Water Quality Volume (WQV) and special
attention is given to this volume of runoff to meet water quality objectives.
The NYS Stormwater Management Design Manual identifies several standard practices, such as
the proposed underground infiltration systems and infiltration basins which are acceptable for
water quality treatment. These acceptable Stormwater Management Practices (SMPs) can
capture and treat the full water quality volume (WQv), are capable of 80% TSS removal and 40%
TP removal, have acceptable longevity in the field, and have pretreatment mechanism.
The water quality storage volume, WQ, is calculated as follows:
WQv =
P.R, A
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where: WQv = water quality volume (acre-feet)
P = 90% rainfall event number
Rv= 0.05+0.009(1), where I is percent impervious cover
A = site area (acres), impervious area used with I = 100%
Table 2: Required Water Quality Volume
Required Provided
1.D. P Rv A (acres) WQV(cf) WQv (cf)
SMA#1 1.20 0.66 1.808 5,207 6,107
SMA#2 1.20 0.51 1.926 4,298 7,311
SMA#3 1.20 0.69 0.785 2,371 4,841
SMA#4 1.20 0.30 0.828 1,092 101120
Total 12,967 28,379
The required pretreatment for infiltration areas is equivalent to 100% of the contributing WQv,
The sediment forebay located at SMA#4 will collect and provide pretreatment for 100% of the
contributing WQv as shown in Table 3.
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Table 3: Sediment Forebay Pretreatment
Required Proposed
1.D. Contributing Required % Sediment Forebay Sediment Forebay
WQv (sq-ft) pretreatment Volume (cf) Volume. (cf)
SMA#4 1,092 100 1,092 1,326
The proposed design for SMA#1 and SMA#2 incorporates the "treatment train" concept to
provide pretreatment and increase the service life of the underground infiltration system. The
proposed series pretreatment system includes the use of advanced hydrodynamic vortex
separator units, the StormTech Isolator Row concept within the chamber layout, and an
eccentric header/manifold system for distribution to the StormTech chambers.
The advanced hydrodynamic vortex separator units are proposed to be Downstream Defenders
by Hydro International, designed to fully treat the contributing WQv. The Downstream
Defender has been verified by US EPA Environmental Technology Verification Program for
Water Quality Protection. A summary of the design parameters and site specific information for
the proposed Downstream Defenders is present in Table 4. The units have been designed to
provide treatment of runoff from the associated paved surfaces with the contributing Water
Quality flow rate. Peak flows associates with events that exceed the WQv design storm will be
conveyed through a by-pass around the units.
Table 4: Summary of Downstream Defender Design Parameters
Total Green Peak WQv Storm 100 Year
Unit Impervious Treatment Storm Flow
Area Area Unit Size Rate to unit
1.D. Area (ft2) flow rate Rate to Unit
(ftz) (ftZ) (cfs) (cf S) (cf S)
1 781760 53,475 25,285 4 ft 3.0 0.09 1.84
2 83,935 43,090 40,845 4 ft 3.0 0.29 2.60
The proposed StormTech chamber layout includes the use of an Isolator Row and eccentric
headers or manifolds as additional mechanisms to increase the service life and facilitate
maintenance of the subsurface stormwater management systems.
The required pretreatment volume for bioretention areas is 25% of the contributing Water
Quality volume. SMA#3 has been designed as a bioretention area with a gravel diaphragm. The
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gravel diaphragm is proposed to be 36 inches wide by 30 inches deep to provide a storage
volume of 595 cf, compared to the 593 cf required (0.25 x 2,371 cf).
5.4.2 RuraoffReduction Volume (RRv)
The NYS Stormwater Design Manual specifies that runoff shall be reduced by 100% of the site
WQv using green infrastructure techniques and standard SMPs with RRv capacity. The proposed
project development area is on the order of 5.348 acres with a total proposed impervious area
on the order of 3.01 acres (56.3%). The resulting WQv for these site coverages is computed as
12,967 cf. Runoff reduction will be provided by stormwater management practices with runoff
reduction capacity. A summary of the calculations for the Water Quality volume is attached in
Appendix A.
The WQv on the site will be attenuated and treatment by two (2) underground infiltration
systems, one (1) bioretention area and one (1) infiltration area, which, according to Chapter 3
of the NYS Stormwater Management Design Manual, are SMPs with runoff reduction capacity.
The proposed SMA's will be located in the general vicinity of the proposed runoff sources and
allow for full attenuation and infiltration of the contributing WQv. The use of the SMA's will
result in a runoff reduction equal to 100% of the respective contributing WQv. The proposed
SMA's will provide for an RRv of 12,967 cf.
Table 5: Runoff Reduction Volume Summary
Runoff Reduction Technique RRv (cf)
Underground Infiltration #1 5,207
Underground Infiltration #2 4,298
Bioretention Area 2,371
Infiltration Basin 1,092
Total Site Reduction 12,967
Required RRv 12,967
WQv Reduction 100%
Many of the green infrastructure practices recommended in the Design Manual were not
applied to the stormwater management design on this site due to either site restrictions or the
use of more feasible green infrastructure of standard SMP techniques in place of more
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restrictive and/or maintenance intensive practices. The following table discusses why the
unused green infrastructure practices were not feasible.
Table 6: Non-Feasible Green Infrastructure Practices
Green Infrastructure
Reason use is not feasible
Practice
The majority of the site has been previously disturbed and therefore
Conservation of Natural conservation of natural lands is not applicable. While the area is not being
Areas deed restricted, much of the site will not be disturbed from the proposed
development
Grassed filter strips are incorporated into the design however the areas also
Riparian Buffers flows to an infiltration basin and the runoff reduction is included in the
infiltration basin calculations.
Vegetated Swales have been incorporated throughout the property.While
Vegetated Swales they will result in runoff reduction the calculations for the infiltration areas
included these areas and therefore the vegetated swales are not included in
the calculations
While trees will either be saved or be planted on the site the resulting runoff
Tree Planting/Tree Pit reduction value for additional street trees is minimal.
Disconnection of Rooftop The proposed project is a commercial building and not a residential roof.
runoff
Stream Daylighting No existing piped streams located on the site.
Rain Gardens The proposed rooftop will be a commercial roof over 1,000 sf
Green Roofs The rooftop runoff will be reduced with the use of infiltration areas with are
more financially feasible and require less maintenance than green roofs.
The proposed rooftops will drain to the bioretention area and other
Stormwater Planters proposed infiltration practices. Stormwater Planters would require greater
maintenance as the methods currently implemented for runoff reduction
The proposed rooftops will drain to the infiltration areas and bioretention
Rain Barrels/Cisterns area. Rain Barrels/Cisterns would require greater maintenance as the
methods currently implemented for runoff reduction
The road and driveway areas will drain to the infiltration areas. Furthermore,
much of the site will include tractor trailor traffic and other heavy vehicles.
Porous Pavement Porous pavement lacks the durability for this type of loading and will result
in greater maintenance or failure.
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5.4.3 Channel Protection (Cp,)
In accordance with the NYS Stormwater Management Design Manual, stream channel
protection, designed to protect stream channels from erosion, is accomplished by providing 24-
hour extended detention of the one-year, 24-hour storm event. The Cps requirement is
typically satisfied by providing additional storage above the water quality (WQv) volume.
The one-year storm event was analyzed using the HydroCAD stormwater modeling program
(TR-20) under the post development drainage conditions shown on Figure 3. Using a one-year,
24-hour design storm of 2.15 inches the required Cps was calculated as presented in Table 7.
Table 7: Channel Protection Volume Summary
C p
Design WepV
CN Tc Tc (min) (provided)
Storm (in) (ft ) (ft 3)
SMA#1 2.15 70 9.7 2,265 6,107
SMA#2 2.15 78 6.0 3,964 7,311
SMA#3 2.15 81 6.0 2,004 4,841
SMA#4 2.15 58 6.0 175 10,120
Total 8,407 28,379
5.4.4 Overbank Flood(Qp)
Overbank Flood Control Criteria has been established to limit the frequency and magnitude of
out-of-bank flooding generated through changes in runoff characteristics as a result of
increased impervious surface area. As per the NYS Stormwater Design Manual, providing
sufficient storage volume to attenuate the post development 10-year, 24-hour peak discharge
rate to the equivalent predevelopment discharge rate controls overbank flooding.
The 10-year design storm event was analyzed using the HydroCAD stormwater modeling
program (TR-20) under the post development drainage conditions shown on Figure 3. Using a
10-year, 24-hour design storm of 3.6 inches, the underground infiltration systems and
infiltration basin overflow culverts and weirs were set at elevations to limit the post
development 10-year, 24-hour peak discharge rate to the predevelopment discharge rate. The
following table presents the pre- and post-development discharge rates for the offsite
discharge. As indicated, the post development discharge rate is less than the predevelopment
rate as required.
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Table 8: Overbank Flood, Qp, (10-Year Storm) Discharge Rates
Predevelopment Postdevelopment
Design Point 10-Year Storm 10-Year Storm
(cfs) (cfs)
A 0.0 0.0
B 0.01 0.01
5.4.5 Extreme Storm (Q)
In accordance with the NYS Stormwater Design Manual, the stormwater management system
must attenuate the post development 100-year, 24-hour peak discharge rate to the
predevelopment rate while providing safe passage of this storm event.
The 100-year storm event was analyzed using the HydroCAD stormwater modeling program
(TR-20) under the post development drainage conditions shown in Figure 3. Using a 100-year,
24-hour design storm of 6.0 inches, the underground infiltration systems and infiltration basin
overflow culverts and weirs were set at elevations to limit the post development 100-year, 24-
hour peak discharge rate to the predevelopment discharge rate. The following table presents
the predevelopment and post development discharge rates for discharge off the site. As
indicated, the post development discharge rate is less than the predevelopment rate for the
100-Year Storm Event.
Table 9: Extreme Storm, Qf, (100-Year Storm) Discharge Rates
Predevelopment Postdevelopment
Design Point 100-Year Storm 100-Year Storm
(cfs) (cfs)
A 0.11 0.06
B 0.79 0.59
5.5 Town of Queensbury Stormwater Regulations
The proposed project will consist of greater than 15,000 square feet of disturbance and
therefore, according the Chapter 147 of the town code, is considered a major project. The
proposed stormwater management has been designed in accordance with the Queensbury
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Town Code which mandates that the volume of runoff for a ten year storm must be maintained
after development and that the peak rate of runoff must not be increased for the 25 year
storm. Since the project will not disturb greater than 5 acres the stormwater management does
not need to be designed to attenuate the runoff from a 100 year storm event. The following
tables summarize the stormwater modeling results.
Table 10: 10-Year (3.60") Storm Runoff Volume
Design Point
Predevelopment Runoff Post-Development Runoff
Volume (ac-ft) Volume (ac-ft)
A 0.0 0.0
B 0.002 0.002
Table 11: 25-Year (4.4") Storm Runoff Rate
Design Point
Predevelopment Runoff Post-Development Runoff
Rate (cfs) Rate (cfs)
A 0.01 0.0
B 0.07 0.06
6.0 Summary
Development of the proposed property will change the stormwater drainage characteristics of
the site; impervious area will be added and the site will be re-graded to support the proposed
improvements. Changes to the stormwater drainage characteristics of the site have been
evaluated in accordance with the NYS Stormwater Management Design Manual. The proposed
stormwater management system will comply with the recommendations in this design manual
related to water quality, runoff reduction, channel protection, overbank flood control, and
extreme flood control for redevelopment projects.
The proposed stormwater management system has been designed to attenuate and treat the
stormwater runoff generated from the contributing areas for storm events up to and including
the 100-year design storm event. The proposed stormwater management design includes the
use of two (2) underground infiltration area, one (1) bioretention area, and one (1) infiltration
basin. Extended detention storage will be provided above the required water quality volume to
meet detention (Qp) requirements. Stormwater modeling results, based on the proposed site
layout, indicate the ability to reduce the overall post development discharge rate from the site
as summarized in Table 12.
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Table 12: Post Development Stormwater Peak Discharge Rates
Peak Discharge Rates in cfs
1-Year 10-Year 100-Year
Storm Storm Storm
Predevelopment 0.0 0.01 0.9
Post Development 0.0 0.01 0.65
Overall Reduction (cfs) 0.0 0.0 0.25
Through the implementation of acceptable stormwater management practices, recommended
by the NYS Stormwater Management Design Manual, the proposed project will not adversely
affect adjacent or downstream properties.
Prepared by:
The Environmental Design Partnership, LLP
Kristopher La Pan, P.E.
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REFERENCES
HydroCAD version 8.50, Applied Microcomputer Systems, Chocura, New Hampshire.
NYSDEC, 1990. "Technical and Operational Guidance Series (5.1.8) Stormwater Management
Guidelines for New Development", New York State Department of Environmental Conservation,
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SECTION 7
Completed Inspection Reports