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4899A-SWPPP Rev05.17.21 STORMWATER POLLUTION PREVENTION PLAN FOR NATIVE DEVELOPMENT INDUSTRIAL PARK 24 Native Road Town of Queensbury Warren County, New York Prepared For: Native Development Associates, LLC 6 Enterprise Avenue Clifton Park, NY 12065 March 16, 2020 Revised March 2, 2021 Revised April 26, 2021 Revised May 17, 2021 Project No. 4899A Prepared By: Luigi A. Palleschi, P.E. ABD Engineers, LLP 411 Union Street Schenectady, NY 12305 (518) 377-0315 ________________________________________________________________________ ABD Engineers, LLP 2 Native Development Queensbury 4899A-SWPPP 24 Native Road STORMWATER POLLUTION PREVENTION PLAN NATIVE DEVELOPMENT INDUSTRIAL PARK 24 Native Road Town of Queensbury Warren County, New York TABLE OF CONTENTS ITEM PAGE 1.0 SITE DESCRIPTION ............................................................................................3 2.0 CONTROLS ..........................................................................................................6 3.0 TIMING OF CONTROLS/MEASURES ................................................................9 4.0 CERTIFICATIONS OF COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS .......................................................................... 12 5.0 MAINTENANCE/INSPECTION PROCEDURE ................................................. 13 6.0 INVENTORY FOR POLLUTION PREVENTION PLAN: SPILL PREVENTION ......................................................................................... 14 7.0 LONG TERM POST-CONSTRUCTION INSPECTION AND MAINTENANCE ................................................................................................ 17 8.0 POLLUTION PREVENTION PLAN CERTIFICATION ..................................... 20 9.0 OWNERS CERTIFICATION .............................................................................. 21 10.0 CONTRACTORS CERTIFICATION .................................................................. 22 APPENDICES EXHIBIT 1- SITE LOCATION MAP & SOIL INFORMATION APPENDIX A- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITY APPENDIX B- MS4 ACCEPTANCE FORM, NOTICE OF INTENT (NOI), NOTICE OF TERMINATION (NOT) FORM APPENDIX C- EROSION AND SEDIMENT CONTROL STANDARDS AND SPECIFICATIONS APPENDIX D- SWPPP DOCUMENTS ________________________________________________________________________ ABD Engineers, LLP 3 Native Development Queensbury 4899A-SWPPP 24 Native Road STORMWATER POLLUTION PREVENTION PLAN NATIVE DEVELOPMENT INDUSTRIAL PARK 24 Native Road Town of Queensbury Warren County, New York 1.0 SITE DESCRIPTION 1.1 PROJECT NAME AND LOCATION NATIVE DEVELOPMENT INDUSTRIAL PARK 24 Native Road Town of Queensbury Warren County, New York 1.2 OWNER NAME AND ADDRESS Native Development Associates, LLC 6 Enterprise Avenue Clifton Park, NY 12065 1.3 PLANS AND REPORTS Plans and additional reports to be used in conjunction with this Stormwater Pollution Prevention Plan (SWPPP) are as follows: ▪ Plans entitled “Native Development Queensbury, 24 Native Road”, prepared by ABD Engineers, LLP, dated March 16, 2020, as revised. ▪ Stormwater Management Report for “Native Development Subdivision, 24 Native Road” prepared by ABD Engineers, LLP, 411 Union Street, Schenectady, NY 12305, dated March 16, 2020, as revised. 1.4 DESCRIPTION: (PURPOSE AND TYPES OF SOIL DISTURBING ACTIVITIES) The proposed subdivision is located at 24 Native Road in the Town of Queensbury, Warren County, New York (see Exhibit 1). The site is bordered on the north by Lands of Halcyon Properties, Inc., on the south by Lands of Town of Queensbury Rec Dept., on the east by commercial development, and on the west by residential homes. The applicant is proposing to subdivide a 33.4 acre parcel into 5 private lots and extending the Native Road right of way. Proposed construction on the private lots includes 4 new office/warehouse ________________________________________________________________________ ABD Engineers, LLP 4 Native Development Queensbury 4899A-SWPPP 24 Native Road buildings, 2 building additions to the existing office/warehouse building, associated pavement, town roadway, utilities, and stormwater management area for water quality treatment. Access to the site will remain off of Native Road. According to the Warren County NRCS, the primary hydrologic soil group is Type A loam fine sand. A geotechnical study was performed onsite by Daniel G. Loucks, P.E. to verify the soil conditions. Borings and test pits generally encountered sandy soils and groundwater level is estimated below a depth of 35 feet or 2.5 feet below existing grade at test pit #1. Infiltration testing was also performed by ABD and the existing soils stabilized at rates of 45 to 57 inches per hour. The existing site drains south through a ravine to the Hudson River. Soil disturbing activities include cuts and fills to produce suitable grades for construction of the referenced components. Installation of utilities will require trench excavation and backfilling. A total area of about 26± acres will be disturbed during construction with each phase remaining under 5 acres. 1.5 STORMWATER MANAGEMENT See Stormwater Management Report. 1.5A STORMWATER MANAGEMENT & PLANNING PER CHAPTER 3&4 OF THE NYSDEC STORMWATER MANAGEMENT DESIGN MANUAL AUGUST 2015 a. Site planning to preserve natural features and reduce impervious cover; Impervious surfaces included in the proposed project are building rooftop and asphalt parking. Infiltration is used to recharge the groundwater as in the pre-development condition. b. Calculation of the Water Quality Volume for the Site; The water quality volume calculation has been provided in the referenced stormwater management report and meets NYSDEC stormwater regulations. The water quality volume has been provided based on RRV due to the soils and topography of the site. The onsite soil type is sandy Type A, which allows for the use of infiltration practices. c. Incorporation of Green Infrastructure Techniques and Standard SMP’s with Runoff Reduction Volume (RRv) Capacity; Stormwater from the developed area will be treated through the use of infiltration and meets WQv and RRV requirements. The design utilizes infiltration basins and infiltration trenches which will detain and treat runoff. ________________________________________________________________________ ABD Engineers, LLP 5 Native Development Queensbury 4899A-SWPPP 24 Native Road d. Design of Volume and Peak Rate Control Practices; This project meets or exceeds NYSDEC stormwater regulations. Calculations and further discussions are attached to the stormwater management report prepared for this project. Stormwater draining to the infiltration basin will be treated and will infiltrate. 1.6 SEQUENCE OF MAJOR ACTIVITIES The following is the general sequence of construction that will occur on the site. Refer to the phasing plan as depicted on the design drawings. 1.61 Site Preparation. Silt fence will be installed all along the descending slopes of the limits of grading and at any other location where siltation may occur. The silt fence shall remain in place until all areas being served are stabilized. A temporary construction entrance shall be established to capture mud and debris from construction vehicles before they enter public roads. Clearing and earth disturbance shall be limited to that necessary to install temporary sediment control measures. 1.62 Rough Grading. Trees and other vegetation will be removed from areas to be disturbed. Some topsoil stripping and stockpiling will take place to be used later in landscaped areas. Earthmoving to grade the site to approved finish grades may then occur. Any additional required silt fence will be installed. There shall not be more than five (5) acres of disturbed soil at any one time without prior written approval from the Department of Environmental Conservation. 1.63 Building Site Preparation. The location of the buildings will be graded to establish the finished floor elevation. The construction of the buildings will occur concurrently with the remaining site work. 1.64 Utility Installation. Water, sewer, utilities, and drainage facilities will be installed once subgrades are established and fills are compacted. Inlet protection measures shall be installed once storm drains have been completed. 1.65 Paving. Driveway and parking will be paved. 1.66 Landscaping. Topsoil will be spread on areas to be landscaped and areas will be planted/seeded in accordance with the plans. All disturbed areas must be stabilized. 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. ________________________________________________________________________ ABD Engineers, LLP 6 Native Development Queensbury 4899A-SWPPP 24 Native Road 1.7 NAME OF RECEIVING WATERS The nearest surface body of water is the Hudson River. Stormwater from the proposed site infiltrates and recharges groundwater onsite. 2.0 CONTROLS 2.1 EROSION AND SEDIMENT CONTROLS. STABILIZATION PRACTICES. Disturbed areas within the limits of grading will be stabilized by planting/seeding and mulching. Where seeding stabilization is needed, perennial rye grass applied at a rate of 150 pounds per acre may be used. All seeded areas are then to be mulched using straw mulch at a rate of 2 ton per acre. If anchoring of the straw mulch is needed, wood fiber mulch may then be applied at a rate of 500 pounds per acre. 2.2 STRUCTURAL PRACTICES. Silt fence or straw bale dikes will be placed on the downhill side of exposed slopes and trenches before clearing or excavation take place. The silt fence shall be Marafi 100X geotextile fabric, or equal, attached to 2”x2” minimum wooden stakes as per manufacturer’s recommendations as shown on the “Erosion and Sediment Control Details”. It shall remain and be inspected and maintained until the site is stabilized. Maintenance shall be performed as needed, and sediment material removed when “bulges” develop in the silt fence. Inspections of the straw bale dikes shall be frequent, and repair replacements shall be made promptly as needed. Silt barriers will also be installed in the flow line of drainage channels and ditches. Erosion control barriers will be supplemented as necessary during construction and will be maintained throughout the duration of site construction activity by the Contractor. Runoff will be directed away from excavated areas, and temporary swales will be installed with a minimum grade of one percent. Stabilization shall occur as soon as practicable. Watering of excavation and fill areas to minimize wind erosion during construction should be accomplished as required. Stabilization in areas where soil disturbance has temporarily or permanently ceased must be initiated by the end of the next business day and completed within 14 days. During winter construction from November 15 to the following April 1, the application of soil stabilization measures should be initiated by the end of the next business day and completed within three (3) days, in areas where soil disturbance activity has temporarily or permanently ceased. ________________________________________________________________________ ABD Engineers, LLP 7 Native Development Queensbury 4899A-SWPPP 24 Native Road At any location where surface runoff from disturbed or graded areas may flow off the construction area, temporary sediment control measures must be installed to prevent sediment from traveling off site. No grading, filling, or other disturbance is allowed within existing drainage swales. At the end of each workday during earthwork, operators shall grade all areas to temporary detention trap(s). Temporary and permanent detention traps shall be dewatered after all rainfall events if captured water does not infiltrate within 24 hours after the end of rainfall. Traps should be dewatered to sediment bags located in relatively level areas, preferably undisturbed areas of native vegetation. At no time shall a trap be dewatered directly to a stream or wetland. Every 7-calendar day, a qualified inspector will inspect all erosion control measures employed during construction activities to measure proper performance. The inspection will include taking digital photos of all E&SC measures needing corrective action as well as digital photos with date stamp of the corrected work. Any points of stormwater discharge from the site are also to be observed during the site inspections and condition reported. In areas where construction would take place in “wet soils”, curtain drains or subsurface drainage will be installed to de-water the soils. Construction vehicle traffic will be directed so as to avoid steep slopes and areas to remain vegetated to the maximum extent practicable. The Contractor will be held responsible for any soil exposure and/or erosion that occurs outside the defined limits of work and haul roads, and will immediately install erosion control measures and stabilize disturbed areas. Furthermore, any fines that could arise as a result of improper implementation of this Stormwater Pollution Prevention Plan (SWPPP) will be the responsibility of the Contractor. Only the owner or his designated representative will have the authority to authorize Contractor- requested disturbance beyond the limits on these plans. Any applicant- authorized changes will require signatory certification using the form in this Stormwater Pollution Prevention Plan. To prevent sediment-laden water from entering the storm drain system through the inlets, all catch basins will be protected by the “fabric barrier drop inlet protection” practice until the drainage areas served by these catch basins are stabilized. The fabric barrier shall be inspected after each rain event and repairs made as needed. Sediment shall be removed as necessary and disposed of properly. Sandbag trench plugs will be placed in sloping open trenches during installation of utilities. Locate temporary topsoil stockpiles in areas, which ________________________________________________________________________ ABD Engineers, LLP 8 Native Development Queensbury 4899A-SWPPP 24 Native Road do not receive direct runoff from swales or streams. The temporary topsoil stockpiles shall be protected with diversion swales if necessary. Locate temporary topsoil stockpile areas beyond proposed grading activities. To minimize erosion potential, enclose temporary topsoil stockpile areas with silt fencing. Seed temporary topsoil stockpile areas to reduce erosion if stored for prolonged periods. All temporary sediment traps and all drainage swales will be kept free of debris and litter, and the vegetation should be maintained to allow unobstructed flow of stormwater. Any slopes or embankments, which have damaged vegetation, will be reseeded as necessary. All grass swale areas will be mowed so as to facilitate unobstructed flow of stormwater. 2.3 OTHER CONTROLS 2.31 Waste Disposal 2.311 Waste Materials: All waste materials generated during site preparation and construction will be disposed of at a suitable landfill, transfer station or C & D landfill. The contractors shall inspect for and have litter picked up on a daily basis. 2.312 Hazardous Waste The project will not be a generator of hazardous waste and it is not anticipated that any hazardous waste will be generated during construction. If there are any materials generated, a licensed hazardous waste carrier will be contracted to dispose of the hazardous material at a suitable disposal site. If hazardous materials are discovered during construction, the work will be stopped until the issue is resolved. 2.313 Sanitary Waste Portable sanitary facilities will be made available to construction personnel and will be serviced regularly. ________________________________________________________________________ ABD Engineers, LLP 9 Native Development Queensbury 4899A-SWPPP 24 Native Road 2.32 Offsite Vehicle Tracking. Earthwork equipment involved with the construction will remain on the project site and will not regularly egress or ingress the site. Any trucks used to bring in materials or remove materials will do so over a stabilized construction entrance so as to capture mud and debris before they enter the public highway. The stabilized construction entrance shall be 50 feet minimum in length by 24 feet minimum in width. Typar 3401, or equal, filter cloth will be placed over the entire area prior to the placement of 6 inches of 2” stone. The entrance shall be maintained in a condition that will prevent tracking, or flowing of sediment onto public rights- of-way. This may require periodic top dressing with additional stone as conditions demand. Periodic inspection and needed maintenance shall be provided after each rain. If significant off-site vehicle tracking begins to occur, the contractor will be directed to institute a regular street sweeping program in the vicinity of the site. 3.0 TIMING OF CONTROLS/MEASURES Prior to commencement of construction activity, 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 within this SWPPP. Temporary structural erosion controls will be installed prior to earthwork as per the aforementioned plans. The Owner shall have a qualified inspector conduct an assessment of the site prior to the commencement of construction, and certify in an inspection report that the appropriate erosion and sediment controls described in this SWPPP have been adequately installed or implemented to ensure overall preparedness of the site for the commencement of construction. The Owner shall maintain a record of all inspection reports in a site logbook. The site logbook shall be maintained on site and made available upon request. Prior to the commencement of construction, the Owner shall certify in the site logbook that the SWPPP meets all federal, state and local erosion and sediment control requirements. The Owner shall also prepare and submit to the local governing body and any other authorized agency having jurisdiction or regulatory control over the construction activity during which coverage under the permit exists. The summary should address the status of achieving each component of the SWPPP. The summary shall be certified, signed, retained on site, and ________________________________________________________________________ ABD Engineers, LLP 10 Native Development Queensbury 4899A-SWPPP 24 Native Road made available to the Department of Environmental Conservation and/or any local agency having jurisdiction. Signatory Requirements – All NOIs, NOTs, SWPPPs, reports, certifications or information required by this permit or submitted pursuant to this permit, shall be signed as follows: 1. All NOIs and NOTs shall be signed as follows: a. For a corporation: by (1) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person authorized to and who performs similar policy or decision-making functions for the corporation; or (2) the manager of one or more manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars) if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively: or c. For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes (1) the chief executive officer of the agency, or (2) 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 all reports required by the permit and other information requested by the Department or local agency shall be signed by a person described above 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 above and submitted to the Department. 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 manager, operator, superintendent, or 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 named individual or any individual occupying a named position). c. Certification – Except for NOIs and NOTs, any person signing documents in accordance with this Part shall make the following certification: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision ________________________________________________________________________ ABD Engineers, LLP 11 Native Development Queensbury 4899A-SWPPP 24 Native Road 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.” Structural erosion controls and non-stabilized areas shall be inspected every 7- calendar day by a qualified inspector. Copies of the Weekly Inspection Form shall be completed in full for every inspection performed. Completed inspection forms shall be retained on site and copies to the Town MS4. To prevent sediment-laden water from entering the storm drain system through the inlets, all catch basins will be protected by the “fabric barrier drop inlet protection” practice until the drainage areas served by these catch basins are stabilized. The fabric barrier shall be inspected after each rain event and repairs made as needed. Sediment shall be removed as necessary and disposed of properly. All temporary sediment traps shall be pumped out within 24 hours of the end of all rainfall events if stormwater has not drained or infiltrated. Temporary erosion control devices will not be removed until the growth of vegetation or other erosion control measures stabilizes the area served. 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. The Owner and Contractor shall retain copies of the Stormwater Pollution Prevention Plan, all reports, and data for a minimum of five years following final stabilization of the site. During construction of the project, all inspection, maintenance, and repair procedures as stated in this Stormwater Pollution Prevention Plan are the ultimate responsibility of The Owner, his heirs or assigns. All temporary measures that were installed in accordance with this Stormwater Pollution Prevention Plan shall remain the ultimate responsibility of The Owner, his heirs or assigns until such time as all areas being served are stabilized. Only after this stabilization occurs may these temporary measures be removed. A site can be considered finally stabilized when all soil disturbing activities have been ________________________________________________________________________ ABD Engineers, LLP 12 Native Development Queensbury 4899A-SWPPP 24 Native Road completed and a uniform perennial vegetative cover with a density of 80% for the unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures have been established, and the facility no longer discharges stormwater associated with construction activities, and a Notice of Termination (NOT) form has been filed by the Owner(s) with the NYSDEC. This filing terminates coverage under the General Permit and terminates the Contractor’s responsibility to implement the SWPPP, but the requirements of the SWPPP, including periodic inspections, must be continued until the NOT is filed. The long term post-construction inspection, maintenance, and repair procedures as stated in this Stormwater Pollution Prevention Plan will be performed by the Owner, his heirs or assigns. The Owner, his heirs or assigns will have the ultimate responsibility of the long- term maintenance, and repair procedures for all of the entire stormwater system as shown on the plans. An operations and maintenance manual for the Stormwater Management Control Practices will be given to The Owner, his heirs or assigns, which will include the inspection checklist from the “New York State Stormwater Management Design Manual.” 4.0 CERTIFICATION OF COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS The Owner has petitioned the NYSDEC 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 federal, state, and/or local permitting agency) to be covered under this permit has been filed by the Owner. The SWPPP must be prepared prior to submittal of the NOI form. The Contractor is a co-permittee with the owner. The NYSDEC requires that certifications of knowledge of the contents of this SWPPP and agreement to follow the SWPPP be made by the Owner and the Contractor. The terms of the General Permit also require that each Contractor sign the SWPPP, 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. The Stormwater Pollution Prevention Plan was prepared in accordance with the New York State Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Construction Activities that are classified as “Associated with Construction Activity” pursuant to Article 17, Titles 7, 8 and ________________________________________________________________________ ABD Engineers, LLP 13 Native Development Queensbury 4899A-SWPPP 24 Native Road Article 70 of the Environmental Conservation Law. This SPDES General Permit implements the Federal Clean Water Act pertaining to stormwater discharges. Construction will begin only after the requirements of SEQRA are met and local permits issued. The Contractor will obtain copies of any and all local and state regulations, which 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 the Owner or any agent of a regulatory body. The Contractor will comply with all conditions of the NYSDEC General Permit for Construction Activities, including the conditions related to maintaining the Stormwater Pollution Prevention Plan (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. 5.0 MAINTENANCE/INSPECTION PROCEDURES 5.1 EROSION AND SEDIMENT CONTROL INSPECTION AND MAINTENANCE PRACTICES These are the inspections and maintenance practices that will be used to maintain erosion and sediment controls: ▪ A trained individual, appointed by the Contractor’s construction manager, will supervise day to day activities on the site during soil disturbing activities. A qualified inspector, appointed by the Owner, will make at least one weekly inspection every 7-calandar days of erosion control devices, as well as inspections with site photographs. ▪ All measures will be maintained in good working order and be fully operational. If repair is necessary, it will be initiated within 24 hours of discovery. ▪ A qualified inspector must look for evidence of the soil erosion on the site, potential of pollutants entering drainage systems, problems at discharge points (such as turbidity in receiving water), and signs of soil and mud transport from the site to the public road at the entrance. ▪ Silt fence maintenance shall be performed as needed, and sediment material removed when “bulges” develop in the silt fence. ▪ Built up sediment will be removed from silt fence and straw bales if it ever reaches one-third the height of the structural control. ▪ Silt fence 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. ________________________________________________________________________ ABD Engineers, LLP 14 Native Development Queensbury 4899A-SWPPP 24 Native Road ▪ All temporary sediment traps should be inspected for stability and integrity once a week and after any storm event. Any structural failure in sediment traps or trenches that serve them will be repaired within 24 hours after detection. ▪ All temporary sediment traps shall be pumped dry after all rainfall events that cause water to accumulate. Basins shall be dewatered to an undisturbed upland area. ▪ All temporary sediment traps shall be cleaned out when one half the design depth of the trap has accumulated. All spoils shall be removed to a stabilized upland area. ▪ The “fabric barrier drop inlet protection”, put in at all catch basins to keep sediment from entering the storm drain system, shall be inspected after each rain event and repairs made as needed. Sediment shall be removed as necessary and disposed of properly. ▪ Stabilized construction entrance inspection and needed maintenance shall be provided after each rain. ▪ The trained individual shall inspect for and have litter picked up on a daily basis. ▪ Where seeding stabilization is needed, perennial ryegrass applied at a rate of 150 pounds per acre may be used. All seeded areas are then to be mulched using straw mulch at a rate of 2 ton per acre. If anchoring of the straw mulch is needed, wood fiber mulch may then be applied at a rate of 500 pounds per acre. ▪ Seeded and planted areas will be inspected for bare spots, washouts and healthy growth. If necessary, replanting, reseeding or sodding will be implemented. ▪ A maintenance inspection report will be made after each inspection. A copy of the report form to be completed by the inspector is attached. Reports should be compiled and maintained on site. 5.2 NON-STORMWATER DISCHARGES Any water collected in excavated areas will be pumped to a sediment bag located in an upland area or a sediment trap. All temporary sediment traps will be dewatered to sediment bags. Once the material is dewatered, sediment will be removed to an upland area. 6.0 INVENTORY FOR POLLUTION PREVENTION PLAN: SPILL PREVENTION 6.1 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 storm water runoff. ________________________________________________________________________ ABD Engineers, LLP 15 Native Development Queensbury 4899A-SWPPP 24 Native Road 6.11 Good Housekeeping The following good housekeeping practices will be followed onsite during the construction project: ▪ An effort will be made to store only enough product required to do the job. ▪ All materials stored onsite will be stored in a neat, orderly manner in their appropriate containers, and if possible, under a roof or other enclosure. ▪ Products will be kept in their original containers with the original manufacturer’s label. ▪ Substances will not be mixed with one another unless recommended by the manufacturer, ▪ Whenever possible, all of a product will be used up before disposal. ▪ Manufacturer’s recommendations for proper use and disposal will be followed. ▪ The trained individual will inspect daily to ensure proper use and disposal of materials onsite. ▪ The contractor shall prohibit washing of tools, equipment and machinery in or within 100 feet of any watercourse or wetland and install sediment traps to filter runoff from washing operations that could enter any watercourse. 6.12 Hazardous Products These practices are used to reduce the risks associated with hazardous materials: ▪ Products will be kept in original containers unless they are not resealable. ▪ Original labels and material safety data sheets will be retained; they contain important product information. ▪ If surplus product must be disposed of, manufacturers’ or local and State recommended methods for proper disposal will be followed. 6.2 PRODUCT SPECIFIC PRACTICES The following product specific practices will be followed onsite: 6.21 Petroleum Products ▪ Construction personnel should be made aware that emergency telephone numbers are located in this SWPPP ▪ The contractor shall immediately contact NYSDEC in the event of a spill, and shall take all appropriate steps to contain ________________________________________________________________________ ABD Engineers, LLP 16 Native Development Queensbury 4899A-SWPPP 24 Native Road the spill including constructing a dike around the spill and placing absorbent material over this spill. ▪ The contractor shall instruct personnel that spillage of fuels, oils, and similar chemicals must be avoided. ▪ Fuels, oils and chemicals will be stored in appropriate and tightly capped containers. Containers shall not be disposed of on the project site. ▪ Store fuels, oils, chemicals, material and equipment and locate sanitary facilities away from trees and at least 100 feet from streams, wells, wet areas, and other environmentally sensitive sites. ▪ Dispose of chemical containers and surplus chemicals off the project site in accordance with label directions. ▪ Use tight connections and hoses with appropriate nozzles in all operations involving fuels, lubricating materials or chemicals. ▪ Use funnels when pouring fuels, lubricating materials or chemicals. ▪ Refueling and cleaning of construction equipment will take place from access roads, in staging areas along roadside areas whenever practical to provide rapid response to emergency situations. ▪ All onsite vehicles will be monitored for leaks and receive regular preventative maintenance to reduce the chance of leakage. Any vehicle leaking fuel or hydraulic fuel will be immediately removed from the site. 6.22 Fertilizer Fertilizer will be stored in original containers and on pallets. Proper delivery scheduling will minimize storage time. Any damaged containers will be repaired immediately upon discovery and any released fertilizer recovered to the fullest extent practicable. 6.23 Paints All containers will be tightly sealed and stored when not required for use. Excess paint will not be discharged to the storm water or wastewater system, but will be properly disposed of according to manufacturers’ instructions or State and local regulations. 6.24 Concrete Trucks Concrete trucks will not be allowed to wash out or discharge surplus concrete or drum wash water on the site except in a designated upland area. Concrete truck washout will not be allowed to discharge into waters or wetlands at any time. ________________________________________________________________________ ABD Engineers, LLP 17 Native Development Queensbury 4899A-SWPPP 24 Native Road 6.25 Asphalt Trucks Asphalt trucks shall not discharge surplus asphalt on the site. 6.3 SPILL CONTROL PRACTICES In addition to the good housekeeping and material management practices discussed in the previous sections of this plan, the following practices will be implemented for spill prevention and cleanup: ▪ Manufacturer’s recommended methods for spill cleanup will be clearly posted and site personnel will be made aware of the procedures and the location of the information and cleanup supplies. Any spill in excess or suspected to be in excess of two gallons will be reported to the NYSDEC Spill Response Unit. Notification to NYSDEC (1-800-457- 7362) must be completed within two hours of the discovery of the spill. ▪ Materials and equipment necessary for spill cleanup will be kept in the material storage area onsite. Equipment and materials will include but not be limited to: absorbent pads, brooms, dust pans, mops, rags, gloves, goggles, kitty litter, sand, sawdust, and plastic and metal trash containers specifically for this purpose. ▪ All spills will be cleaned up immediately after discovery. ▪ The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to prevent injury from contact with spilled substance. ▪ Spills of toxic or hazardous material will be reported to the appropriate State or local government agency, regardless of the size. ▪ The spill prevention plan will be adjusted to include measures to prevent this type of spill from reoccurring, 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. ▪ The contractor/trained individual will be the spill prevention and cleanup coordinator. He will designate at least three other site personnel 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 responsible spill personnel will be posted in the material storage area on the onsite construction office or trailer. ▪ A Spill Response Report is contained in the SWPPP Documents. 7.0 LONG TERM POST-CONSTRUCTION INSPECTION AND MAINTENANCE After the site is completely stabilized, inspections will be performed at least twice a year (after the spring thaw and in the fall). Inspections shall also occur after major rain events. All swales and stormwater management systems will be ________________________________________________________________________ ABD Engineers, LLP 18 Native Development Queensbury 4899A-SWPPP 24 Native Road inspected on a regular basis. Sediments will be pumped out and/or removed based on the monthly inspection. It will be the responsibility of The Owner, his heirs or assigns, for documenting these inspections and clean out work on the Structural Inspection and Maintenance Report Form. Post-construction regularly scheduled inspections and maintenance will be necessary to ensure the permanent structural features, such as the stormwater management basins and the conveyance system components, remain optimally functional and continue to reduce the risk of sediment loading of surface water bodies. The Owner shall overtake responsibility of inspecting and maintaining drainage and erosion control features over the lifetime of the structures and stormwater components. Maintenance personnel, employed by the Owner, must be aware of the SWPPP and should be trained to recognize signs that stabilization measures may not be performing optimally or are failing. The inspection of on-site stabilization measures will become part of routine preventative maintenance practiced by the Owner and his employees. Inspection and maintenance should be performed as described below. Inspection Overall Site Inspection The overall site, embankments, and vegetation should be inspected regularly after every major rain event and at least twice a year (after the spring thaw and in the fall). The inspection should include but are not limited to: 1. Density and condition of vegetation and ground cover. 2. Erosion, differential settlement or cracking of embankment. 3. Bulging or sliding of toe of embankments. 4. Sedimentation of on-site or downstream water bodies. 5. Sedimentation of culverts or swales. 6. Sedimentation of lawn areas, paved areas. 7. Accumulation of pollutants, including oils or grease. 8. Damage of fatigue of storm associated components. Maintenance Overall Site Maintenance Maintenance vegetative and structural measures for soil protection is necessary to keep the storm water system functioning properly. Maintenance should occur on a regular basis and should include but is not limited to: ________________________________________________________________________ ABD Engineers, LLP 19 Native Development Queensbury 4899A-SWPPP 24 Native Road Seasonal Maintenance 1. Vegetated areas should be maintained to promote vigorous and dense growth. Lawn areas should be mowed at least three times a year but may require more frequent mowing depending on the growth rate. 2. Paved areas should be swept at least twice a year and in the early spring for removal of deicing materials. 3. Accumulation of litter and debris should be removed during each mowing or sweep operation. 4. Cleanout of accumulated sediments and debris should occur. 5. Signs of scour should be repaired. Weeds and brush growth should controlled as needed. 6. Sediment buildup within the pretreatment area is removed when 25% of the volume has been exceeded. Winter Maintenance 1. Remove snow and ice away from catch basin grates. 2. Use of deicing materials should be limited to sand and environmentally friendly chemical products. Use of salt mixtures should be kept to a minimum. 3. Sand used for deicing should be clean, course material free of fines, silt, and clay. 4. Materials used for deicing should be removed during the early spring by sweeping and/or vacuuming. Stormwater Management Facility Maintenance 1. Side slopes and embankments should be mowed at least three times a year but may require more frequent mowing depending on the growth rate. 2. Accumulation of litter and debris should be removed during each mowing or sweep operation. 3. Structural components of the system which require repair or replacement should be addressed immediately following identification. 4. Stormwater management areas should be monitored periodically for sediment accumulation. Sediments should be removed after inlets/outlets become clogged or restricted, or when 12 inches has accumulated. 5. Inlet/outlet damage due to scour be repaired. 6. Stormwater Management Facility shall be inspected and maintained at a minimum as specified in the NYSDEC Stormwater Management Design Manual. ________________________________________________________________________ ABD Engineers, LLP 20 Native Development Queensbury 4899A-SWPPP 24 Native Road 8.0 POLLUTION PREVENTION PLAN CERTIFICATION I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly 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. Signed: Name: Luigi A. Palleschi, P.E. ______ Title: Professional Engineer, ABD Engineers, LLP ______ Date: ________________________________________________________________________ ABD Engineers, LLP 21 Native Development Queensbury 4899A-SWPPP 24 Native Road 9.0 OWNER’S CERTIFICATION NATIVE DEVELOPMENT INDUSTRIAL PARK 24 Native Road Town of Queensbury Warren County, New York I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly 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. The Owner also certifies that all appropriate stormwater control measures will be in place before commencement of construction of any segment of the project that requires such measures. Signature: Name (printed): Company Name: ____ __________________ Address: ______ Telephone No: Title/Responsible For: Certification Date: ________________________________________________________________________ ABD Engineers, LLP 22 Native Development Queensbury 4899A-SWPPP 24 Native Road 10.0 CONTRACTOR’S CERTIFICATION ________________________ NYR_______________________ _____________________ Name of Construction Site DEC Permit ID Municipality (MS4) “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” ___________________________________________ _____________________________ Responsible Corporate Officer/Partner Signature Date ___________________________________________ _____________________________ Name of above Signatory Name of Company ___________________________________________ _____________________________ Title of above Signatory Mailing Address ___________________________________________ _____________________________ Telephone of Company City, State and Zip Identify the specific elements of the SWPPP, the contractor or subcontractor is responsible for: ‘TRAINED CONTRACTOR’ FOR THE CERTIFIED CONTRACTOR OR SUBCONTRACTOR ___________________________ ___________________________ ________________ Name of Trained Employee Title of Trained Employee NYSDE C SWT# EXHIBIT 1 SITE LOCATION MAP & SOIL INFORMATION Soil Map—Warren County, New York Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/26/2019 Page 1 of 3 43° 17' 38'' N 73° 41' 51'' W43° 17' 38'' N73° 41' 30'' W43° 17' 18'' N 73° 41' 51'' W43° 17' 18'' N 73° 41' 30'' WN Map projection: Web Mercator Corner coordinates: WGS84 0 150 300 600 900 Feet 0 45 90 180 270 Meters Map Scale: 1:3,090 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:15,800. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Warren County, New York Survey Area Data: Version 19, Sep 16, 2019 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jun 10, 2015—Mar 29, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—Warren County, New York Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/26/2019 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI OaA Oakville loamy fine sand, 0 to 3 percent slopes 4.9 14.2% OaB Oakville loamy fine sand, 3 to 8 percent slopes 21.3 61.8% OaC Oakville loamy fine sand, 8 to 15 percent slopes 1.0 3.0% PoE Plainfield and Oakville soils, steep 7.2 20.9% Totals for Area of Interest 34.4 100.0% Soil Map—Warren County, New York Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/26/2019 Page 3 of 3 Warren County, New York OaA—Oakville loamy fine sand, 0 to 3 percent slopes Map Unit Setting National map unit symbol: 9xxc Elevation: 600 to 1,200 feet Mean annual precipitation: 37 to 46 inches Mean annual air temperature: 45 to 48 degrees F Frost-free period: 110 to 160 days Farmland classification: All areas are prime farmland Map Unit Composition Oakville and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Oakville Setting Landform: Outwash plains, terraces, deltas Landform position (two-dimensional): Summit Landform position (three-dimensional): Tread Down-slope shape: Convex Across-slope shape: Convex Parent material: Sandy eolian, beach ridge, or glaciofluvial deposits Typical profile H1 - 0 to 8 inches: loamy fine sand H2 - 8 to 27 inches: sand H3 - 27 to 60 inches: sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Low (about 4.4 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 2s Hydrologic Soil Group: A Hydric soil rating: No Map Unit Description: Oakville loamy fine sand, 0 to 3 percent slopes---Warren County, New York Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/26/2019 Page 1 of 2 Minor Components Tioga Percent of map unit: 4 percent Hydric soil rating: No Elnora Percent of map unit: 3 percent Hydric soil rating: No Hinckley Percent of map unit: 3 percent Hydric soil rating: No Data Source Information Soil Survey Area: Warren County, New York Survey Area Data: Version 19, Sep 16, 2019 Map Unit Description: Oakville loamy fine sand, 0 to 3 percent slopes---Warren County, New York Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/26/2019 Page 2 of 2 Warren County, New York OaB—Oakville loamy fine sand, 3 to 8 percent slopes Map Unit Setting National map unit symbol: 9xxd Elevation: 600 to 1,200 feet Mean annual precipitation: 37 to 46 inches Mean annual air temperature: 45 to 48 degrees F Frost-free period: 110 to 160 days Farmland classification: All areas are prime farmland Map Unit Composition Oakville and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Oakville Setting Landform: Deltas, outwash plains, terraces Landform position (two-dimensional): Summit Landform position (three-dimensional): Tread Down-slope shape: Convex Across-slope shape: Convex Parent material: Sandy eolian, beach ridge, or glaciofluvial deposits Typical profile H1 - 0 to 8 inches: loamy fine sand H2 - 8 to 27 inches: sand H3 - 27 to 60 inches: sand Properties and qualities Slope: 3 to 8 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Low (about 4.4 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 2s Hydrologic Soil Group: A Hydric soil rating: No Map Unit Description: Oakville loamy fine sand, 3 to 8 percent slopes---Warren County, New York Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/26/2019 Page 1 of 2 Minor Components Tioga Percent of map unit: 4 percent Hydric soil rating: No Hinckley Percent of map unit: 3 percent Hydric soil rating: No Elnora Percent of map unit: 3 percent Hydric soil rating: No Data Source Information Soil Survey Area: Warren County, New York Survey Area Data: Version 19, Sep 16, 2019 Map Unit Description: Oakville loamy fine sand, 3 to 8 percent slopes---Warren County, New York Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/26/2019 Page 2 of 2 Warren County, New York OaC—Oakville loamy fine sand, 8 to 15 percent slopes Map Unit Setting National map unit symbol: 9xxf Elevation: 600 to 1,200 feet Mean annual precipitation: 37 to 46 inches Mean annual air temperature: 45 to 48 degrees F Frost-free period: 110 to 160 days Farmland classification: Farmland of statewide importance Map Unit Composition Oakville and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Oakville Setting Landform: Deltas, outwash plains, terraces Landform position (two-dimensional): Shoulder Landform position (three-dimensional): Tread Down-slope shape: Convex Across-slope shape: Convex Parent material: Sandy eolian, beach ridge, or glaciofluvial deposits Typical profile H1 - 0 to 8 inches: loamy fine sand H2 - 8 to 27 inches: sand H3 - 27 to 60 inches: sand Properties and qualities Slope: 8 to 15 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Low (about 4.4 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3e Hydrologic Soil Group: A Hydric soil rating: No Map Unit Description: Oakville loamy fine sand, 8 to 15 percent slopes---Warren County, New York Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/26/2019 Page 1 of 2 Minor Components Elnora Percent of map unit: 5 percent Hydric soil rating: No Hinckley Percent of map unit: 5 percent Hydric soil rating: No Data Source Information Soil Survey Area: Warren County, New York Survey Area Data: Version 19, Sep 16, 2019 Map Unit Description: Oakville loamy fine sand, 8 to 15 percent slopes---Warren County, New York Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/26/2019 Page 2 of 2 Warren County, New York PoE—Plainfield and Oakville soils, steep Map Unit Setting National map unit symbol: 9xxr Elevation: 600 to 1,200 feet Mean annual precipitation: 37 to 46 inches Mean annual air temperature: 45 to 48 degrees F Frost-free period: 110 to 160 days Farmland classification: Not prime farmland Map Unit Composition Plainfield and similar soils: 40 percent Oakville and similar soils: 35 percent Minor components: 25 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Plainfield Setting Landform: Outwash plains, terraces, deltas Landform position (two-dimensional): Backslope Landform position (three-dimensional): Riser Down-slope shape: Convex Across-slope shape: Convex Parent material: Sandy glaciofluvial or deltaic deposits Typical profile H1 - 0 to 10 inches: loamy sand H2 - 10 to 25 inches: sand H3 - 25 to 60 inches: sand Properties and qualities Slope: 25 to 35 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Excessively drained Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Low (about 3.6 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 7s Hydrologic Soil Group: A Hydric soil rating: No Map Unit Description: Plainfield and Oakville soils, steep---Warren County, New York Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/26/2019 Page 1 of 2 Description of Oakville Setting Landform: Deltas, outwash plains, terraces Landform position (two-dimensional): Backslope Landform position (three-dimensional): Riser Down-slope shape: Convex Across-slope shape: Convex Parent material: Sandy eolian, beach ridge, or glaciofluvial deposits Typical profile H1 - 0 to 8 inches: loamy fine sand H2 - 8 to 27 inches: sand H3 - 27 to 60 inches: sand Properties and qualities Slope: 25 to 35 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Low (about 4.4 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 7s Hydrologic Soil Group: A Hydric soil rating: No Minor Components Hinckley Percent of map unit: 15 percent Hydric soil rating: No Unnamed soils, reddish throughout Percent of map unit: 10 percent Hydric soil rating: No Data Source Information Soil Survey Area: Warren County, New York Survey Area Data: Version 19, Sep 16, 2019 Map Unit Description: Plainfield and Oakville soils, steep---Warren County, New York Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/26/2019 Page 2 of 2 APPENDIX A SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITY I 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 administers the approved State Pollutant Discharge Elimination System (SPDES) program with permits issued in accordance with the New York State Environmental Conservation Law (ECL) Article 17, Titles 7, 8 and Article 70. 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 ECL section 17-0505 and 17-0701, the owner or operator must have coverage under a SPDES permit prior to commencing construction activity. The owner or operator cannot wait until there is an actual discharge from the construction site to obtain permit coverage. *Note: The italicized words/phrases within this permit are defined in Appendix A. I NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES Table of Contents Part 1. 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 ..................................................................... 9 F. Activities Which Are Ineligible for Coverage Under This General Permit .............. 9 Part II. PERMIT COVERAGE ........................................................................................... 12 A. How to Obtain Coverage ..................................................................................... 12 B. Notice of Intent (NOI) Submittal .......................................................................... 13 C. Permit Authorization ............................................................................................ 13 D. General Requirements For Owners or Operators With Permit Coverage ........... 15 E. Permit Coverage for Discharges Authorized Under GP-0-15-002 ....................... 17 F. 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 ................................................. 24 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 ...................................................... 25 Part V. TERMINATION OF PERMIT COVERAGE ........................................................... 29 A. Termination of Permit Coverage ......................................................................... 29 Part VI. REPORTING AND RETENTION RECORDS ...................................................... 31 A. Record Retention ................................................................................................ 31 B. Addresses ........................................................................................................... 31 Part VII. STANDARD PERMIT CONDITIONS .................................................................. 31 A. Duty to Comply .................................................................................................... 31 B. Continuation of the Expired General Permit ........................................................ 32 C. Enforcement ........................................................................................................ 32 D. Need to Halt or Reduce Activity Not a Defense................................................... 32 E. Duty to Mitigate ................................................................................................... 33 F. Duty to Provide Information ................................................................................. 33 G. Other Information ................................................................................................ 33 H. Signatory Requirements ...................................................................................... 33 I. Property Rights ................................................................................................... 35 J. Severability.......................................................................................................... 35 K. Requirement to Obtain Coverage Under an Alternative Permit ........................... 35 L. Proper Operation and Maintenance .................................................................... 36 M. Inspection and Entry ........................................................................................... 36 N. Permit Actions ..................................................................................................... 37 O. Definitions ........................................................................................................... 37 P. Re-Opener Clause .............................................................................................. 37 Q. Penalties for Falsification of Forms and Reports ................................................. 37 R. Other Permits ...................................................................................................... 38 APPENDIX A – Acronyms and Definitions ....................................................................... 39 Acronyms ...................................................................................................................... 39 Definitions ..................................................................................................................... 40 APPENDIX B – Required SWPPP Components by Project Type .................................... 48 Table 1.......................................................................................................................... 48 Table 2.......................................................................................................................... 50 APPENDIX C – Watersheds Requiring Enhanced Phosphorus Removal ........................ 52 APPENDIX D – Watersheds with Lower Disturbance Threshold ..................................... 58 APPENDIX E – 303(d) Segments Impaired by Construction Related Pollutant(s) ........... 59 APPENDIX F – List of NYS DEC Regional Offices .......................................................... 65 (Part I) 1 Part 1. 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 November 2016, using sound engineering judgment. Where control measures are not designed in conformance with the design criteria included in the technical standard, the owner or operator must include in the Stormwater Pollution Prevention Plan (“SWPPP”) the reason(s) for the (Part I.B.1) 2 deviation or alternative design and provide information 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, including both peak flowrates and total stormwater volume, 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; (viii) Unless infeasible, preserve a sufficient amount of topsoil to complete soil restoration and establish a uniform, dense vegetative cover; and (ix) Minimize dust. On areas of exposed soil, minimize dust through the appropriate application of water or other dust suppression techniques to control the generation of pollutants that could be discharged from the site. b. Soil Stabilization. In areas where soil disturbance activity has 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 (Part I.B.1.b) 3 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 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, hazardous and toxic 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; (Part I.B.1.e.iii) 4 (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 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. (Part I.C.2.a.ii) 5 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 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 (Part I.C.2.b.i) 6 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 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. (Part I.C.2.c) 7 c. Sizing Criteria for Redevelopment Activity (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. (iv) Extreme Flood Control Criteria (Qf): Not required if there are no changes to hydrology that increase the discharge rate from the project site (Part I.C.2.d) 8 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 must 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 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. (Part I.E) 9 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; including stormwater runoff, snowmelt runoff, and surface runoff and drainage, from construction activities. 3. Notwithstanding paragraphs E.1 and E.2 above, the following non-stormwater discharges are authorized by this permit: those listed in 6 NYCRR 750- 1.2(a)(29)(vi), with the following exception: “Discharges from firefighting activities are authorized only when the firefighting activities are emergencies/unplanned”; waters to which other components have not been added that are used to control dust in accordance with the SWPPP; and uncontaminated discharges from construction site de-watering operations. All non-stormwater discharges must be identified in the SWPPP. Under all circumstances, the owner or operator must still comply with water quality standards in Part I.D 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: 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 (Part I.F.4) 10 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.D.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 are undertaken on land with no existing impervious cover; and c. Which disturb one (1) or more acres of land designated on the current United States Department of Agriculture (“USDA”) Soil Survey as Soil Slope Phase “D”, (provided the map unit name is inclusive of slopes greater than 25%), or Soil Slope Phase “E” or “F” (regardless of the map unit name), or a combination of the three designations. 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 are undertaken on land with no existing impervious cover; and c. Which disturb two (2) or more acres of land designated on the current USDA Soil Survey as Soil Slope Phase “D” (provided the map unit name is inclusive of slopes greater than 25%), or Soil Slope Phase “E” or “F” (regardless of the map unit name), or a combination of the three designations. (Part I.F.8) 11 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.D.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 (SEQR) 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: (Part I.F.8.c) 12 (i) No Affect (ii) No Adverse Affect (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. PERMIT COVERAGE A. How to Obtain Coverage 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 Notice of Intent (NOI) to the Department to be authorized to discharge under this permit. 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 the 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. 3. The requirement for an owner or operator to have its SWPPP reviewed and accepted by the regulated, traditional land use control 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.F. (Change of Owner or Operator) or where the owner or operator of the construction activity is the regulated, traditional land use control MS4 . This exemption does not apply to construction activities subject to the New York City Administrative Code. (Part II.B) 13 B. Notice of Intent (NOI) Submittal 1. Prior to December 21, 2020, 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.ny.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, 4th Floor Albany, New York 12233-3505 2. Beginning December 21, 2020 and in accordance with EPA’s 2015 NPDES Electronic Reporting Rule (40 CFR Part 127), the owner or operator must submit the NOI electronically using the Department’s online NOI. 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 owner or operator shall make the NOI and SWPPP available for review and copying in accordance with the requirements in Part VII.F. of this permit. C. 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), or the equivalent from another New York State agency, 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 (Part II.C.2.b) 14 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 owner or operator that has satisfied the requirements of Part II.C.2 above 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 (eNOI) 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. (Part II.C.3.b) 15 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 (eNOI) 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. 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.C. of this permit. D. 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-0-20- 001), NOI, NOI Acknowledgment Letter, SWPPP, MS4 SWPPP Acceptance form, inspection reports, responsible contractor’s or subcontractor’s certification statement (see Part III.A.6.), 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 (Part II.D.3) 16 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 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 November 2016. 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 or consistent with Part VII.K.. 5. 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. 6. For construction activities that are subject to the requirements of a regulated, traditional land use control MS4, the owner or operator shall notify the (Part II.D.6) 17 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. E. Permit Coverage for Discharges Authorized Under GP-0-15-002 1. Upon renewal of SPDES General Permit for Stormwater Discharges from Construction Activity (Permit No. GP-0-15-002), an owner or operator of a construction activity with coverage under GP-0-15-002, as of the effective date of GP- 0-20-001, shall be authorized to discharge in accordance with GP- 0-20- 001, 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-0-20-001. F. Change of Owner or Operator 1. 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. For construction activities subject to the requirements of a regulated, traditional land use control MS4, the original owner or operator must also notify the MS4, in writing, of the change in ownership at least 30 calendar days prior to the change in ownership. 2. Once the new owner or operator obtains permit coverage, the original owner or operator shall 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.B.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. 3. 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 (Part II.F.3) 18 operator was 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. 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, including construction drawings: a. whenever the current provisions prove to be ineffective in minimizing pollutants in stormwater discharges from the site; (Part III.A.4.b) 19 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; c. to address issues or deficiencies identified during an inspection by the qualified inspector, the Department or other regulatory authority; and d. to document the final construction conditions. 5. The Department may notify the owner or operator at any time that the SWPPP does not meet one or more of the minimum requirements of this permit. The notification 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.D.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 (Part III.A.6) 20 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 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 shall 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 November 2016. Where erosion and sediment control practices are not designed in conformance with the design criteria included in the technical standard, the owner or operator must 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 (Part III.B.1.b) 21 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); floodplain/floodway boundaries; wetlands and drainage patterns that could be affected by the construction activity; existing and final contours ; locations of different soil types with boundaries; material, waste, borrow or equipment storage areas located on adjacent properties; and location(s) of the stormwater discharge(s); 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 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 November 2016, 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 (Part III.B.1.i) 22 schedule shall be in accordance with the requirements in the technical standard, New York State Standards and Specifications for Erosion and Sediment Control, dated November 2016; 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 l. 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 November 2016. Include the reason for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standard. 2. 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; (Part III.B.2.b) 23 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 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. (Part III.B.3) 24 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 or operators 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. 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 (Part IV.B.1) 25 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 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), New York State Erosion and Sediment Control Certificate Program holder 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 (Part IV.C.1.a) 26 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 the owner or operator has received authorization in accordance with Part II.D.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. (Part IV.C.2.d) 27 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.B.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 be separated by a minimum of two (2) full calendar days. 3. At a minimum, the qualified inspector shall 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: (Part IV.C.4.a) 28 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; 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 (Part IV.C.4.l) 29 l. 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.D.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.B.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. 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; (Part V.A.2.b) 30 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.F. 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 operator to 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. 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, (Part V.A.5.b) 31 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 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.B.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. 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 (Part VII.A) 32 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. (Part VII.E) 33 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 II.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 NOIs 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: (Part VII.H.1.a) 34 (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or (ii) the manager of one or more manufacturing, production or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for 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, (Part VII.H.2.b) 35 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 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 (Part VII.K.1) 36 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 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 owner or operator to 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 (Part VII.M.3) 37 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. 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 operator for 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. (Part VII.R) 38 R. Other Permits Nothing in this permit relieves the owner or operator from a requirement to obtain any other permits required by law. 39 APPENDIX A – Acronyms and Definitions Acronyms APO – Agency Preservation Officer BMP – Best Management Practice CPESC – Certified Professional in Erosion and Sediment Control Cpv – Channel Protection Volume CWA – Clean Water Act (or the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq) DOW – Division of Water EAF – Environmental Assessment Form ECL - Environmental Conservation Law EPA – U. S. Environmental Protection Agency HSG – Hydrologic Soil Group MS4 – Municipal Separate Storm Sewer System NOI – Notice of Intent NOT – Notice of Termination NPDES – National Pollutant Discharge Elimination System OPRHP – Office of Parks, Recreation and Historic Places Qf – Extreme Flood Qp – Overbank Flood RRv – Runoff Reduction Volume RWE – Regional Water Engineer SEQR – State Environmental Quality Review SEQRA - State Environmental Quality Review Act SHPA – State Historic Preservation Act SPDES – State Pollutant Discharge Elimination System SWPPP – Stormwater Pollution Prevention Plan TMDL – Total Maximum Daily Load UPA – Uniform Procedures Act USDA – United States Department of Agriculture WQv – Water Quality Volume Appendix A 40 Definitions All definitions in this section are solely for the purposes of this permit. Agricultural Building – a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products; excluding any structure designed, constructed or used, in whole or in part, for human habitation, as a place of employment where agricultural products are processed, treated or packaged, or as a place used by the public. Agricultural Property –means the land for construction of a barn, agricultural building, silo, stockyard, pen or other structural practices identified in Table II in the “Agricultural Management Practices Catalog for Nonpoint Source Pollution in New York State” prepared by the Department in cooperation with agencies of New York Nonpoint Source Coordinating Committee (dated June 2007). 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. Construction Site – means the land area where construction activity(ies) will occur. See definition for “Commence (Commencement of) Construction Activities” and “Larger Common Plan of Development or Sale” also. Dewatering – means the act of draining rainwater and/or groundwater from building foundations, vaults or excavations/trenches. 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 Appendix A 41 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. Embankment –means an earthen or rock slope that supports a road/highway. Endangered or Threatened Species – see 6 NYCRR Part 182 of the Department’s rules and regulations for definition of terms and requirements. 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 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. Appendix A 42 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, 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). Natural Buffer –means an undisturbed area with natural cover running along a surface water (e.g. wetland, stream, river, lake, etc.). New Development – means any land disturbance that does not meet the definition of Redevelopment Activity included in this appendix. Appendix A 43 New York State Erosion and Sediment Control Certificate Program – a certificate program that establishes and maintains a process to identify and recognize individuals who are capable of developing, designing, inspecting and maintaining erosion and sediment control plans on projects that disturb soils in New York State. The certificate program is administered by the New York State Conservation District Employees Association. 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. Nonpoint Source - means any source of water pollution or pollutants which is not a discrete conveyance or point source permitted pursuant to Title 7 or 8 of Article 17 of the Environmental Conservation Law (see ECL Section 17-1403). Overbank –means flow events that exceed the capacity of the stream channel and spill out into the adjacent floodplain. Owner or Operator - means the person, persons or legal entity which owns or leases the property on which the construction activity is occurring; an entity that has operational control over the construction plans and specifications, including the ability to make modifications to the plans and specifications; and/or an entity that has day-to-day operational control of those activities at a project that are necessary to ensure compliance with the permit conditions. 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. Point Source - means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel or other floating craft, or landfill leachate collection system from which pollutants are or may be discharged. Pollutant - 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 . Appendix A 44 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, New York State Erosion and Sediment Control Certificate Program holder 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 authorized to discharge under New York State DEC’s Appendix A 45 SPDES General Permit For Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s) or the City of New York’s Individual SPDES Permit for their Municipal Separate Storm Sewer Systems (NY-0287890). 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, 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 stabilizes 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. Appendix A 46 Steep Slope – means land area designated on the current United States Department of Agriculture (“USDA”) Soil Survey as Soil Slope Phase “D”, (provided the map unit name is inclusive of slopes greater than 25%) , or Soil Slope Phase E or F, (regardless of the map unit name), or a combination of the three designations. Streambank – as used in this permit, means the terrain alongside the bed of a creek or stream. The bank consists of the sides of the channel, between which the flow is confined. Stormwater Pollution Prevention Plan (SWPPP) – means a project specific report, including construction drawings, that among other things: describes the construction activity(ies), identifies the potential sources of pollution at the construction site; describes and shows the stormwater controls that will be used to control the pollutants (i.e. erosion and sediment controls; for many projects, includes post-construction stormwater management controls); and identifies procedures the owner or operator will implement to comply with the terms and conditions of the permit. See Part III of the permit for a complete description of the information that must be included in the SWPPP. Surface Waters of the State - shall be construed to include lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface waters), which are wholly or partially within or bordering the state or within its jurisdiction. Waters of the state are further defined in 6 NYCRR Parts 800 to 941. Temporarily Ceased – 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 (WLAs) 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 Appendix A 47 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 III.A.6., that meets the qualified inspector qualifications (e.g. licensed Professional Engineer, Certified Professional in Erosion and Sediment Control (CPESC), Registered Landscape Architect, New York State Erosion and Sediment Control Certificate Program holder, or someone working under the direct supervision of, and at the same company as, the licensed Professional Engineer or Registered Landscape Architect, provided they have received four (4) hours of 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 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. 48 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 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. 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 • Pond construction • Linear bike paths running through areas with vegetative cover, including bike paths surfaced with an impervious cover • Cross-country ski trails and walking/hiking trails • Sidewalk, bike path or walking path projects, surfaced with an impervious cover, that are not part of residential, commercial or institutional development; • Sidewalk, bike path or walking path projects, surfaced with an impervious cover, that include incidental shoulder or curb work along an existing highway to support construction of the sidewalk, bike path or walking path. • Slope stabilization projects • Slope flattening that changes the grade of the site, but does not significantly change the runoff characteristics Appendix B 49 Table 1 (Continued) 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: • Spoil areas that will be covered with vegetation • Vegetated open space projects (i.e. recreational parks, lawns, meadows, fields, downhill ski trails) 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 greater than five acres and construction activities that include the construction or reconstruction of impervious area • Temporary access roads, median crossovers, detour roads, lanes, or other temporary impervious areas that will be restored to pre-construction conditions once the construction activity is complete Appendix B 50 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 home that disturbs five (5) or more acres of land • Single family residential subdivisions located in one of the watersheds listed in Appendix C or directly discharging to one of the 303(d) segments listed in Appendix 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 duplexes, townhomes, condominiums, senior housing complexes, apartment complexes, and mobile home parks • Airports • Amusement parks • Breweries, cideries, and wineries, including establishments constructed on agricultural land • Campgrounds • Cemeteries that include the construction or reconstruction of impervious area (>5% of disturbed area) or alter the hydrology from pre to post development conditions • Commercial developments • Churches and other places of worship • Construction of a barn or other agricultural building (e.g. silo) 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 development; includes hospitals, prisons, schools and colleges • Industrial facilities; includes industrial parks • Landfills • Municipal facilities; includes highway garages, transfer stations, office buildings, POTW’s, water treatment plants, and water storage tanks • Office complexes • Playgrounds that include the construction or reconstruction of impervious area • Sports complexes • Racetracks; includes racetracks with earthen (dirt) surface • Road construction or reconstruction, including roads constructed as part of the construction activities listed in Table 1 Appendix B 51 Table 2 (Continued) 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: • Parking lot construction or reconstruction, including parking lots constructed as part of the construction activities listed in Table 1 • 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 • Sidewalk, bike path or walking path projects, surfaced with an impervious cover, that are part of a residential, commercial or institutional development • Sidewalk, bike path or walking path projects, surfaced with an impervious cover, that are part of a highway construction or reconstruction 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 Table 1 52 APPENDIX C – Watersheds Requiring Enhanced Phosphorus Removal Watersheds where owners or operators of construction activities identified in Table 2 of Appendix B must prepare a SWPPP that includes 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 Appendix C 53 Figure 1 - New York City Watershed East of the Hudson Appendix C 54 Figure 2 - Onondaga Lake Watershed Appendix C 55 Figure 3 - Greenwood Lake Watershed Appendix C 56 Figure 4 - Oscawana Lake Watershed Appendix C 57 Figure 5 - Kinderhook Lake Watershed 58 APPENDIX D – Watersheds with Lower Disturbance Threshold 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 59 APPENDIX E – 303(d) Segments Impaired by Construction Related Pollutant(s) List of 303(d) segments impaired by pollutants related to construction activity (e.g. silt, sediment or nutrients). The list was developed using ”The Final New York State 2016 Section 303(d) List of Impaired Waters Requiring a TMDL/Other Strategy” dated November 2016. 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 POLLUTANT Albany Ann Lee (Shakers) Pond, Stump Pond Nutrients Albany Basic Creek Reservoir Nutrients Allegany Amity Lake, Saunders Pond Nutrients Bronx Long Island Sound, Bronx Nutrients Bronx Van Cortlandt Lake Nutrients Broome Fly Pond, Deer Lake, Sky Lake Nutrients Broome Minor Tribs to Lower Susquehanna (north) Nutrients Broome Whitney Point Lake/Reservoir Nutrients Cattaraugus Allegheny River/Reservoir Nutrients Cattaraugus Beaver (Alma) Lake Nutrients Cattaraugus Case Lake Nutrients Cattaraugus Linlyco/Club Pond Nutrients Cayuga Duck Lake Nutrients Cayuga Little Sodus Bay Nutrients Chautauqua Bear Lake Nutrients Chautauqua Chadakoin River and tribs Nutrients Chautauqua Chautauqua Lake, North Nutrients Chautauqua Chautauqua Lake, South Nutrients Chautauqua Findley Lake Nutrients Chautauqua Hulburt/Clymer Pond Nutrients Clinton Great Chazy River, Lower, Main Stem Silt/Sediment Clinton Lake Champlain, Main Lake, Middle Nutrients Clinton Lake Champlain, Main Lake, North Nutrients Columbia Kinderhook Lake Nutrients Columbia Robinson Pond Nutrients Cortland Dean Pond Nutrients 303(d) Segments Impaired by Construction Related Pollutant(s) 60 Dutchess Fall Kill and tribs Nutrients Dutchess Hillside Lake Nutrients Dutchess Wappingers Lake Nutrients Dutchess Wappingers Lake Silt/Sediment Erie Beeman Creek and tribs Nutrients Erie Ellicott Creek, Lower, and tribs Silt/Sediment Erie Ellicott Creek, Lower, and tribs Nutrients Erie Green Lake Nutrients Erie Little Sister Creek, Lower, and tribs Nutrients Erie Murder Creek, Lower, and tribs Nutrients Erie Rush Creek and tribs Nutrients Erie Scajaquada Creek, Lower, and tribs Nutrients Erie Scajaquada Creek, Middle, and tribs Nutrients Erie Scajaquada Creek, Upper, and tribs Nutrients Erie South Branch Smoke Cr, Lower, and tribs Silt/Sediment Erie South Branch Smoke Cr, Lower, and tribs Nutrients Essex Lake Champlain, Main Lake, South Nutrients Essex Lake Champlain, South Lake Nutrients Essex Willsboro Bay Nutrients Genesee Bigelow Creek and tribs Nutrients Genesee Black Creek, Middle, and minor tribs Nutrients Genesee Black Creek, Upper, and minor tribs Nutrients Genesee Bowen Brook and tribs Nutrients Genesee LeRoy Reservoir Nutrients Genesee Oak Orchard Cr, Upper, and tribs Nutrients Genesee Tonawanda Creek, Middle, Main Stem Nutrients Greene Schoharie Reservoir Silt/Sediment Greene Sleepy Hollow Lake Silt/Sediment Herkimer Steele Creek tribs Silt/Sediment Herkimer Steele Creek tribs Nutrients Jefferson Moon Lake Nutrients Kings Hendrix Creek Nutrients Kings Prospect Park Lake Nutrients Lewis Mill Creek/South Branch, and tribs Nutrients Livingston Christie Creek and tribs Nutrients Livingston Conesus Lake Nutrients Livingston Mill Creek and minor tribs Silt/Sediment Monroe Black Creek, Lower, and minor tribs Nutrients Monroe Buck Pond Nutrients Monroe Cranberry Pond Nutrients 303(d) Segments Impaired by Construction Related Pollutant(s) 61 Monroe Lake Ontario Shoreline, Western Nutrients Monroe Long Pond Nutrients Monroe Mill Creek and tribs Nutrients Monroe Mill Creek/Blue Pond Outlet and tribs Nutrients Monroe Minor Tribs to Irondequoit Bay Nutrients Monroe Rochester Embayment - East Nutrients Monroe Rochester Embayment - West Nutrients Monroe Shipbuilders Creek and tribs Nutrients Monroe Thomas Creek/White Brook and tribs Nutrients Nassau Beaver Lake Nutrients Nassau Camaans Pond Nutrients Nassau East Meadow Brook, Upper, and tribs Silt/Sediment Nassau East Rockaway Channel Nutrients Nassau Grant Park Pond Nutrients Nassau Hempstead Bay Nutrients Nassau Hempstead Lake Nutrients Nassau Hewlett Bay Nutrients Nassau Hog Island Channel Nutrients Nassau Long Island Sound, Nassau County Waters Nutrients Nassau Massapequa Creek and tribs Nutrients Nassau Milburn/Parsonage Creeks, Upp, and tribs Nutrients Nassau Reynolds Channel, west Nutrients Nassau Tidal Tribs to Hempstead Bay Nutrients Nassau Tribs (fresh) to East Bay Nutrients Nassau Tribs (fresh) to East Bay Silt/Sediment Nassau Tribs to Smith/Halls Ponds Nutrients Nassau Woodmere Channel Nutrients New York Harlem Meer Nutrients New York The Lake in Central Park Nutrients Niagara Bergholtz Creek and tribs Nutrients Niagara Hyde Park Lake Nutrients Niagara Lake Ontario Shoreline, Western Nutrients Niagara Lake Ontario Shoreline, Western Nutrients Oneida Ballou, Nail Creeks and tribs Nutrients Onondaga Harbor Brook, Lower, and tribs Nutrients Onondaga Ley Creek and tribs Nutrients Onondaga Minor Tribs to Onondaga Lake Nutrients Onondaga Ninemile Creek, Lower, and tribs Nutrients Onondaga Onondaga Creek, Lower, and tribs Nutrients Onondaga Onondaga Creek, Middle, and tribs Nutrients 303(d) Segments Impaired by Construction Related Pollutant(s) 62 Onondaga Onondaga Lake, northern end Nutrients Onondaga Onondaga Lake, southern end Nutrients Ontario Great Brook and minor tribs Silt/Sediment Ontario Great Brook and minor tribs Nutrients Ontario Hemlock Lake Outlet and minor tribs Nutrients Ontario Honeoye Lake Nutrients Orange Greenwood Lake Nutrients Orange Monhagen Brook and tribs Nutrients Orange Orange Lake Nutrients Orleans Lake Ontario Shoreline, Western Nutrients Orleans Lake Ontario Shoreline, Western Nutrients Oswego Lake Neatahwanta Nutrients Oswego Pleasant Lake Nutrients Putnam Bog Brook Reservoir Nutrients Putnam Boyd Corners Reservoir Nutrients Putnam Croton Falls Reservoir Nutrients Putnam Diverting Reservoir Nutrients Putnam East Branch Reservoir Nutrients Putnam Lake Carmel Nutrients Putnam Middle Branch Reservoir Nutrients Putnam Oscawana Lake Nutrients Putnam Palmer Lake Nutrients Putnam West Branch Reservoir Nutrients Queens Bergen Basin Nutrients Queens Flushing Creek/Bay Nutrients Queens Jamaica Bay, Eastern, and tribs (Queens) Nutrients Queens Kissena Lake Nutrients Queens Meadow Lake Nutrients Queens Willow Lake Nutrients Rensselaer Nassau Lake Nutrients Rensselaer Snyders Lake Nutrients Richmond Grasmere Lake/Bradys Pond Nutrients Rockland Congers Lake, Swartout Lake Nutrients Rockland Rockland Lake Nutrients Saratoga Ballston Lake Nutrients Saratoga Dwaas Kill and tribs Silt/Sediment Saratoga Dwaas Kill and tribs Nutrients Saratoga Lake Lonely Nutrients Saratoga Round Lake Nutrients Saratoga Tribs to Lake Lonely Nutrients 303(d) Segments Impaired by Construction Related Pollutant(s) 63 Schenectady Collins Lake Nutrients Schenectady Duane Lake Nutrients Schenectady Mariaville Lake Nutrients Schoharie Engleville Pond Nutrients Schoharie Summit Lake Nutrients Seneca Reeder Creek and tribs Nutrients St.Lawrence Black Lake Outlet/Black Lake Nutrients St.Lawrence Fish Creek and minor tribs Nutrients Steuben Smith Pond Nutrients Suffolk Agawam Lake Nutrients Suffolk Big/Little Fresh Ponds Nutrients Suffolk Canaan Lake Silt/Sediment Suffolk Canaan Lake Nutrients Suffolk Flanders Bay, West/Lower Sawmill Creek Nutrients Suffolk Fresh Pond Nutrients Suffolk Great South Bay, East Nutrients Suffolk Great South Bay, Middle Nutrients Suffolk Great South Bay, West Nutrients Suffolk Lake Ronkonkoma Nutrients Suffolk Long Island Sound, Suffolk County, West Nutrients Suffolk Mattituck (Marratooka) Pond Nutrients Suffolk Meetinghouse/Terrys Creeks and tribs Nutrients Suffolk Mill and Seven Ponds Nutrients Suffolk Millers Pond Nutrients Suffolk Moriches Bay, East Nutrients Suffolk Moriches Bay, West Nutrients Suffolk Peconic River, Lower, and tidal tribs Nutrients Suffolk Quantuck Bay Nutrients Suffolk Shinnecock Bay and Inlet Nutrients Suffolk Tidal tribs to West Moriches Bay Nutrients Sullivan Bodine, Montgomery Lakes Nutrients Sullivan Davies Lake Nutrients Sullivan Evens Lake Nutrients Sullivan Pleasure Lake Nutrients Tompkins Cayuga Lake, Southern End Nutrients Tompkins Cayuga Lake, Southern End Silt/Sediment Tompkins Owasco Inlet, Upper, and tribs Nutrients Ulster Ashokan Reservoir Silt/Sediment Ulster Esopus Creek, Upper, and minor tribs Silt/Sediment Warren Hague Brook and tribs Silt/Sediment 303(d) Segments Impaired by Construction Related Pollutant(s) 64 Warren Huddle/Finkle Brooks and tribs Silt/Sediment Warren Indian Brook and tribs Silt/Sediment Warren Lake George Silt/Sediment Warren Tribs to L.George, Village of L George Silt/Sediment Washington Cossayuna Lake Nutrients Washington Lake Champlain, South Bay Nutrients Washington Tribs to L.George, East Shore Silt/Sediment Washington Wood Cr/Champlain Canal and minor tribs Nutrients Wayne Port Bay Nutrients Westchester Amawalk Reservoir Nutrients Westchester Blind Brook, Upper, and tribs Silt/Sediment Westchester Cross River Reservoir Nutrients Westchester Lake Katonah Nutrients Westchester Lake Lincolndale Nutrients Westchester Lake Meahagh Nutrients Westchester Lake Mohegan Nutrients Westchester Lake Shenorock Nutrients Westchester Long Island Sound, Westchester (East) Nutrients Westchester Mamaroneck River, Lower Silt/Sediment Westchester Mamaroneck River, Upper, and minor tribs Silt/Sediment Westchester Muscoot/Upper New Croton Reservoir Nutrients Westchester New Croton Reservoir Nutrients Westchester Peach Lake Nutrients Westchester Reservoir No.1 (Lake Isle) Nutrients Westchester Saw Mill River, Lower, and tribs Nutrients Westchester Saw Mill River, Middle, and tribs Nutrients Westchester Sheldrake River and tribs Silt/Sediment Westchester Sheldrake River and tribs Nutrients Westchester Silver Lake Nutrients Westchester Teatown Lake Nutrients Westchester Titicus Reservoir Nutrients Westchester Truesdale Lake Nutrients Westchester Wallace Pond Nutrients Wyoming Java Lake Nutrients Wyoming Silver Lake Nutrients 65 APPENDIX F – List of NYS DEC Regional Offices Region COVERING THE FOLLOWING COUNTIES: DIVISION OF ENVIRONMENTAL PERMITS (DEP) PERMIT ADMINISTRATORS DIVISION OF WATER (DOW) WATER (SPDES) PROGRAM 1 NASSAU AND SUFFOLK 50 CIRCLE ROAD STONY BROOK, NY 11790 TEL. (631) 444-0365 50 CIRCLE ROAD STONY BROOK, NY 11790-3409 TEL. (631) 444-0405 2 BRONX, KINGS, NEW YORK, QUEENS AND RICHMOND 1 HUNTERS POINT PLAZA, 47-40 21ST ST. LONG ISLAND CITY, NY 11101-5407 TEL. (718) 482-4997 1 HUNTERS POINT PLAZA, 47-40 21ST ST. LONG ISLAND CITY, NY 11101-5407 TEL. (718) 482-4933 3 DUTCHESS, ORANGE, PUTNAM, ROCKLAND, SULLIVAN, ULSTER AND WESTCHESTER 21 SOUTH PUTT CORNERS ROAD NEW PALTZ, NY 12561-1696 TEL. (845) 256-3059 100 HILLSIDE AVENUE, SUITE 1W WHITE PLAINS, NY 10603 TEL. (914) 428 - 2505 4 ALBANY, COLUMBIA, DELAWARE, GREENE, MONTGOMERY, OTSEGO, RENSSELAER, SCHENECTADY AND SCHOHARIE 1150 NORTH WESTCOTT ROAD SCHENECTADY, NY 12306-2014 TEL. (518) 357-2069 1130 NORTH WESTCOTT ROAD SCHENECTADY, NY 12306-2014 TEL. (518) 357-2045 5 CLINTON, ESSEX, FRANKLIN, FULTON, HAMILTON, SARATOGA, WARREN AND WASHINGTON 1115 STATE ROUTE 86, PO BOX 296 RAY BROOK, NY 12977-0296 TEL. (518) 897-1234 232 GOLF COURSE ROAD WARRENSBURG, NY 12885-1172 TEL. (518) 623-1200 6 HERKIMER, JEFFERSON, LEWIS, ONEIDA AND ST. LAWRENCE STATE OFFICE BUILDING 317 WASHINGTON STREET WATERTOWN, NY 13601-3787 TEL. (315) 785-2245 STATE OFFICE BUILDING 207 GENESEE STREET UTICA, NY 13501-2885 TEL. (315) 793-2554 7 BROOME, CAYUGA, CHENANGO, CORTLAND, MADISON, ONONDAGA, OSWEGO, TIOGA AND TOMPKINS 615 ERIE BLVD. WEST SYRACUSE, NY 13204-2400 TEL. (315) 426-7438 615 ERIE BLVD. WEST SYRACUSE, NY 13204-2400 TEL. (315) 426-7500 8 CHEMUNG, GENESEE, LIVINGSTON, MONROE, ONTARIO, ORLEANS, SCHUYLER, SENECA, STEUBEN, WAYNE AND YATES 6274 EAST AVON-LIMA ROADAVON, NY 14414-9519 TEL. (585) 226-2466 6274 EAST AVON-LIMA RD. AVON, NY 14414-9519 TEL. (585) 226-2466 9 ALLEGANY, CATTARAUGUS, CHAUTAUQUA, ERIE, NIAGARA AND WYOMING 270 MICHIGAN AVENUE BUFFALO, NY 14203-2999 TEL. (716) 851-7165 270 MICHIGAN AVENUE BUFFALO, NY 14203-2999 TEL. (716) 851-7070 APPENDIX B MS4 ACCEPTANCE FORM, NOTICE OF INTENT (NOI), NOTICE OF TERMINATION (NOT) FORM 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: 2. Contact Person: 3. Street Address: 4. City/State/Zip: II. Project Site Information 5. Project/Site Name: 6. Street Address: 7. City/State/Zip: III. Stormwater Pollution Prevention Plan (SWPPP) Review and Acceptance Information 8. SWPPP Reviewed by: 9. Title/Position: 10. Date Final SWPPP Reviewed and Accepted: IV. Regulated MS4 Information 11. Name of MS4: 12. MS4 SPDES Permit Identification Number: NYR20A 13. Contact Person: 14. Street Address: 15. City/State/Zip: 16. Telephone Number: Page 1 of 2 Native Development Associates, LLC 6 Enterprise Avenue Clifton Park, NY 12065 24 Native Road Queensbury, NY 12804 Town of Queensbury 112 Tim Barber Native Development Industrial Park 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 NOI for coverage under Stormwater General Permi t for Constructi on Acti vi ty versi on 1.29 (Submission #: HP6-XQG1-G732K, version 1) Details Submission Alias Nati ve D evelopment Industrial Park Originally Started By ABD Engi neers, LLP Submission ID HP6-XQG1-G732K Submission Reason New Status D raft Active Steps Form Submi tted Form Input Owner/Operator Information Owner/Operator Name (Company/Private Owner/Municipality/Agency/Institution, etc.) Nati ve D evelopment Associ ates, LLC Owner/Operator Contact Person Last Name (NOT CONSULTANT) Barber Owner/Operator Contact Person First Name Tim Owner/Operator Mailing Address 6 Enterpri se Avenue City Clifton Park State NY Zip 12065 Phone 5188120808 Email tim@jaggroupllc.com Federal Tax ID NONE PROVIDED Project Location Project/Site Name Nati ve D evelopment Industrial Park 4/26/2021 11:11:45 A M Page 1 of 11 Street Address (Not P.O. Box) 24 Nati ve Road West City/Town/Village (THAT ISSUES BUILDING PERMIT) Queensbury NY Zip 12804 WARREN 5 Name of Nearest Cross Street Carey Road Distance to Nearest Cross Street (Feet) 600 West Tax Map Numbers Section-Block-Parcel 308.20-1-9.2 Tax Map Numbers NONE PROVIDED 1. Coordinates Provi de the Geographic Coordinates for the project site. The two methods are: - Navi gate 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 lat/long 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 43.29153788932556,-73.69491820540084 Project Details Redevelopment wi th i ncrease i n i mpervious area 3. Select the predominant land use for both pre and post development conditions. Commercial 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 i mpervious area (acreage)within the disturbed area. Side of Street State County DEC Region Project In Relation to Cross Street 2. What is the nature of this project? Pre-Development Existing Landuse Post-Development Future Land Use 4/26/2021 11:11:45 A M Page 2 of 11 *** ROUND TO THE NEAREST TENTH OF AN AC RE. *** Total Site Area (acres) 33.4 Total Area to be Disturbed (acres) 26.0 Existing Impervious Area to be Disturbed (acres) 0.2 Future Impervious Area Within Disturbed Area (acres) 15.4 No 6. Indicate the percentage (%) of each Hydrologic Soil Group(HSG) at the site. A (%) 100 B (%) 0 C (%) 0 D (%) 0 Yes 8. Enter the planned start and end dates of the disturbance activities. Start Date 5/3/2021 End Date 12/31/2023 9. Identify the nearest surface waterbody(ies) to which construction site runoff will discharge. Hudson Ri ver River Off Site Other Waterbody Type Off Site Description NONE PROVIDED NONE PROVIDED No No No If No, skip question 13. 5. Do you plan to disturb more than 5 acres of soil at any one time? 7. Is this a phased project? 9a. Type of waterbody identified in question 9? 9b. If "wetland" was selected in 9A, how was the wetland identified? 10. Has the surface waterbody(ies in question 9 been identified as a 303(d) segment in Appendix E of GP-0-20-001? 11. Is this project located in one of the Watersheds identified in Appendix C of GP-0-20-001? 12. Is the project located in one of the watershed areas associated with AA and AA-S classified waters? 4/26/2021 11:11:45 A M Page 3 of 11 NONE PROVIDED If Yes, what is the acreage to be disturbed? NONE PROVIDED No No 16. What is the name of the municipality/entity that owns the separate storm sewer system? NONE PROVIDED No No No No Required SWPPP Components Yes Yes If you answered No in question 22, skip question 23 and the Post-construction Criteria and Post-construction SMP Identification sections. Yes Professi onal Engineer (P.E.) SWPPP Preparer ABD Engi neers, LLP Contact Name (Last, Space, First) Palleschi, Lui gi Mailing Address 411 Uni on Street City Schenectady 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? 14. Will the project disturb soils within a State regulated wetland or the protected 100 foot adjacent area? 15. Does the site runoff enter a separate storm sewer system (including roadside drains, swales, ditches, culverts, etc)? 17. Does any runoff from the site enter a sewer classified as a Combined Sewer? 18. Will future use of this site be an agricultural property as defined by the NYS Agriculture and Markets Law? 19. Is this property owned by a state authority, state agency, federal government or local government? 20. Is this a remediation project being done under a Department approved work plan? (i.e. CERCLA, RCRA, Voluntary Cleanup Agreement, etc.) 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)? 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)? 23. Has the post-construction stormwater management practice component of the SWPPP been developed in conformance with the current NYS Stormwater Management Design Manual? 24. The Stormwater Pollution Prevention Plan (SWPPP) was prepared by: 4/26/2021 11:11:45 A M Page 4 of 11 State NY Zip 12305 Phone 5183770315 Email luigi @abdeng.com Download SWPPP Preparer Certification Form Please take the following steps to prepare and upload your preparer certification form: 1) C lick on the li nk below to download a blank certification form 2) The certi fi ed SWPPP preparer should si gn this form 3) Scan the signed form 4) Upload the scanned document Download SWPPP Preparer Certificati on Form Please upload the SWPPP Preparer Certification NONE PROVID ED Comment NONE PROVID ED Erosion & Sediment Control Criteria Yes 26. Select all of the erosion and sediment control practices that will be employed on the project site: Sediment Traps Silt Fence Stabili zed Construction Entrance Storm D rai n Inlet Protection None Mulchi ng Seedi ng Topsoi ling Land Gradi ng Retaining Wall Rock Outlet Protecti on Other NONE PROVIDED Post-Construction Criteria * IMPORTANT: Completion of Questions 27-39 is not required if response to Question 22 is No. Sidewalk Reduction Parking Reduction 25. Has a construction sequence schedule for the planned management practices been prepared? Temporary Structural Biotechnical Vegetative Measures Permanent Structural 27. Identify all site planning practices that were used to prepare the final site plan/layout for the project. 4/26/2021 11:11:45 A M Page 5 of 11 All di sturbed 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) 1.377 29. Post-construction SMP Identification Use the Post-constructi on SMP Identificati on section to identify the RR techniques (Area Reduction), RR techniques(Volume Reduction) and Standard SMPs with RRv C apacity that were used to reduce the Total WQv Required (#28). Identify the SMPs to be used by providi ng the total impervious area that contributes runoff to each technique/practice selected. For the Area Reducti on 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 requi red. If runoff reduction techniques will not be used to reduce the required WQv, skip to question 33a after identifyi ng 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) 1.377 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 NONE PROVIDED If Yes, go to question 33. Note: Use the space provided i n questi on #39 to summarize the specific site limitations and justification for not reducing 100% of WQv requi red (#28). A detai led evaluati on 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, sizi ng cri teri a has not been met; therefore, NOI can not be processed. SWPPP preparer must modify design to meet sizing criteria. 33. SMPs Use the Post-constructi on SMP Identificati on 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 impervi ous area that contributes runoff to each practice selected. NOTE: Use the Post-construction SMP Identi fication 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 NONE PROVIDED 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). 31. Is the Total RRv provided (#30) greater than or equal to the total WQv required (#28)? 32a. Is the Total RRv provided (#30) greater than or equal to the Minimum RRv Required (#32)? 35. Is the sum of the RRv provided (#30) and the WQv provided (#33a) greater than or equal to the total WQv required (#28)? 4/26/2021 11:11:45 A M Page 6 of 11 If Yes, go to questi on 36. If No, sizi ng cri teri a 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) NONE PROVIDED CPv Provided (acre-feet) NONE PROVIDED Reduction of the total CPv is achi eved on site through runoff reduction techniques or infiltration systems. 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) 0.100 Post-Development (CFS) 0.010 Total Extreme Flood Control Criteria (Qf) Pre-Development (CFS) 0.320 Post-Development (CFS) 0.030 NONE PROVIDED Yes If Yes, Identify the entity responsible for the long term Operation and Maintenance Nati ve D evelopment Associ ates, LLC 39. Use this space to summariz e 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-constructi on SMPs to be used by providing the total impervious area that contributes runoff to each technique/practi ce selected. For the Area Reduction Techniques, provide the total contributing area (includes pervious area) and, i f appli cable, the total i mpervious 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 36a. The need to provide channel protection has been waived because: 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? 4/26/2021 11:11:45 A M Page 7 of 11 Total Contributing Acres for Sheetflow to Riparian Buffers/Filter Strips (RR-2) NONE PROVIDED 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 (I-1) 0.81 Total Contributing Impervious Acres for Infiltration Basin (I-2) 14.60 Total Contributing Impervious Acres for Dry Well (I-3) NONE PROVIDED Total Contributing Impervious Acres for Underground Infiltration System (I-4) NONE PROVIDED Total Contributing Impervious Acres for Bioretention (F-5) NONE PROVIDED Total Contributing Impervious Acres for Dry Swale (O-1) NONE PROVIDED Standard SMPs Total Contributing Impervious Acres for Micropool Extended Detention (P-1) NONE PROVIDED 4/26/2021 11:11:45 A M Page 8 of 11 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 (O-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. 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 4/26/2021 11:11:45 A M Page 9 of 11 Name of Alternative SMP NONE PROVIDED Other Permits None If SPDES Multi-Sector GP, then give permit ID NONE PROVIDED If Other, then identify NONE PROVIDED 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 Yes - Please attach the MS4 Acceptance form below If No, skip question 44 Yes MS4 SWPPP Acceptance Form Download Download form from the li nk below. Complete, sign, and upload. MS4 SWPPP Acceptance Form MS4 Acceptance Form Upload NONE PROVID ED Comment NONE PROVID ED Owner/Operator Certification Owner/Operator Certification Form Download Download the certificati on form by clicking the link below. Complete, sign, scan, and upload the form. Owner/Operator Certificati on Form (PD F, 45KB) Upload Owner/Operator Certification Form NONE PROVID ED Comment NONE PROVID ED Status History 40. Identify other DEC permits, existing and new, that are required for this project/facility. 41. Does this project require a US Army Corps of Engineers Wetland Permit? 43. Is this project subject to the requirements of a regulated, traditional land use control MS4? 44. Has the "MS4 SWPPP Acceptance" form been signed by the principal executive officer or ranking elected official and submitted along with this NOI? 4/26/2021 11:11:45 A M Page 10 of 11 User Processing Status 3/2/2021 3:44:45 PM ABD Engineers, LLP D raft Processing Steps Step Name Assigned To/Completed By Date Completed Form Submitted Under Revi ew D AVID GASPER 4/26/2021 11:11:45 A M Page 11 of 11 New York State Department of Environmental Conservation Division of Water 625 Broadway, 4th Floor Albany, New York 12233-3505 *(NOTE: Submit completed form to address above)* NOTICE OF TERMINATION for Storm Water Discharges Authorized under the SPDES General Permit for Construction Activity Please indicate your permit identification number: NYR ___ ___ ___ ___ ___ ___ I. Owner or Operator Information 1. Owner/Operator Name: 2. Street Address: 3. City/State/Zip: 4. Contact Person: 4a.Telephone: 4b. Contact Person E-Mail: II. Project Site Information 5. Project/Site Name: 6. Street Address: 7. City/Zip: 8. County: III. Reason for Termination 9a. □ All disturbed areas have achieved final stabilization in accordance with the general permit and SWPPP. *Date final stabilization completed (month/year): 9b. □ Permit coverage has been transferred to new owner/operator. Indicate new owner/operator’s permit identification number: NYR ___ ___ ___ ___ ___ ___ (Note: Permit coverage can not be terminated by owner identified in I.1. above until new owner/operator obtains coverage under the general permit) 9c. □ Other (Explain on Page 2) IV. Final Site Information: 10a. Did this construction activity require the development of a SWPPP that includes post-construction stormwater management practices? □ yes □ no ( If no, go to question 10f.) 10b. Have all post-construction stormwater management practices included in the final SWPPP been constructed? □ yes □ no (If no, explain on Page 2) 10c. Identify the entity responsible for long-term operation and maintenance of practice(s)? Page 1 of 3 Native Development Associates, LLC 6 Enterprise Avenue Clifton Park, NY 12065 24 Native Road Queensbury, NY 12804 Warren Tim Barber 518-812-0808 tim@jaggroupllc.com Native Development Industrial Park NOTICE OF TERMINATION for Storm Water Discharges Authorized under the SPDES General Permit for Construction Activity - continued 10d. Has the entity responsible for long-term operation and maintenance been given a copy of the operation and maintenance plan required by the general permit? □ yes □ no 10e. Indicate the method used to ensure long-term operation and maintenance of the post-construction stormwater management practice(s): □ Post-construction stormwater management practice(s) and any right-of-way(s) needed to maintain practice(s) have been deeded to the municipality. □ Executed maintenance agreement is in place with the municipality that will maintain the post-construction stormwater management practice(s). □ For post-construction stormwater management practices that are privately owned, a mechanism is 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. □ For post-construction stormwater management practices that are owned by a public or private institution (e.g. school, university or hospital), government agency or authority, or public utility; policy and procedures are in place that ensures operation and maintenance of the practice(s) in accordance with the operation and maintenance plan. 10f. Provide the total area of impervious surface (i.e. roof, pavement, concrete, gravel, etc.) constructed within the disturbance area? (acres) 11. Is this project subject to the requirements of a regulated, traditional land use control MS4? □ yes □ no (If Yes, complete section VI - “MS4 Acceptance” statement V. Additional Information/Explanation: (Use this section to answer questions 9c. and 10b., if applicable) VI. MS4 Acceptance - MS4 Official (principal executive officer or ranking elected official) or Duly Authorized Representative (Note: Not required when 9b. is checked -transfer of coverage) I have determined that it is acceptable for the owner or operator of the construction project identified in question 5 to submit the Notice of Termination at this time. Printed Name: Title/Position: Signature: Date: Page 2 of 3 NOTICE OF TERMINATION for Storm Water Discharges Authorized under the SPDES General Permit for Construction Activity - continued VII. Qualified Inspector Certification - Final Stabilization: I hereby certify that all disturbed areas have achieved final stabilization as defined in the current version of the general permit, and that all temporary, structural erosion and sediment control measures have been removed. Furthermore, I understand that certifying false, incorrect or inaccurate information is a violation of the referenced permit and the laws of the State of New York and could subject me to criminal, civil and/or administrative proceedings. Printed Name: Title/Position: Signature: Date: VIII. Qualified Inspector Certification - Post-construction Stormwater Management Practice(s): I hereby certify that all post-construction stormwater management practices have been constructed in conformance with the SWPPP. Furthermore, I understand that certifying false, incorrect or inaccurate information is a violation of the referenced permit and the laws of the State of New York and could subject me to criminal, civil and/or administrative proceedings. Printed Name: Title/Position: Signature: Date: IX. Owner or Operator Certification I hereby certify that this document was prepared by me or under my direction or supervision. My determination, based upon my inquiry of the person(s) who managed the construction activity, or those persons directly responsible for gathering the information, is that the information provided in this document is true, accurate and complete. Furthermore, I understand that certifying false, incorrect or inaccurate information is a violation of the referenced permit and the laws of the State of New York and could subject me to criminal, civil and/or administrative proceedings. Printed Name: Title/Position: Signature: Date: (NYS DEC Notice of Termination - January 2015) Page 3 of 3 APPENDIX C EROSION AND SEDIMENT CONTROL STANDARDS AND SPECIFICATIONS November 2016 Page 2.24 New York State Standards and Specifications For Erosion and Sediment Control Definition & Scope A temporary excavated or above ground lined constructed pit where concrete truck mixers and equipment can be washed after their loads have been discharged, to prevent highly alkaline runoff from entering storm drainage systems or leaching into soil. Conditions Where Practice Applies Washout facilities shall be provided for every project where concrete will be poured or otherwise formed on the site. This facility will receive highly alkaline wash water from the cleaning of chutes, mixers, hoppers, vibrators, placing equipment, trowels, and screeds. Under no circumstances will wash water from these operations be allowed to infiltrate into the soil or enter surface waters. Design Criteria Capacity:The washout facility should be sized to contain solids, wash water, and rainfall and sized to allow for the evaporation of the wash water and rainfall. Wash water shall be estimated at 7 gallons per chute and 50 gallons per hopper of the concrete pump truck and/or discharging drum. The minimum size shall be 8 feet by 8 feet at the bottom and 2 feet deep. If excavated, the side slopes shall be 2 horizontal to 1 vertical. Location:Locate the facility a minimum of 100 feet from drainage swales, storm drain inlets, wetlands, streams and other surface waters. Prevent surface water from entering the structure except for the access road. Provide appropriate access with a gravel access road sloped down to the structure. Signs shall be placed to direct drivers to the facility after their load is discharged. Liner: All washout facilities will be lined to prevent leaching of liquids into the ground. The liner shall be plastic sheeting with a minimum thickness of 10 mils with no holes or tears, and anchored beyond the top of the pit with an earthen berm, sand bags, stone, or other structural appurtenance except at the access point. If pre-fabricated washouts are used they must ensure the capture and containment of the concrete wash and be sized based on the expected frequency of concrete pours. They shall be sited as noted in the location criteria. Maintenance xAll concrete washout facilities shall be inspected daily. Damaged or leaking facilities shall be deactivated and repaired or replaced immediately. Excess rainwater that has accumulated over hardened concrete should be pumped to a stabilized area, such as a grass filter strip. xAccumulated hardened material shall be removed when 75% of the storage capacity of the structure is filled. Any excess wash water shall be pumped into a containment vessel and properly disposed of off site. xDispose of the hardened material off-site in a construction/demolition landfill. On-site disposal may be allowed if this has been approved and accepted as part of the projects SWPPP. In that case, the material should be recycled as specified, or buried and covered with a minimum of 2 feet of clean compacted earthfill that is permanently stabilized to prevent erosion. xThe plastic liner shall be replaced with each cleaning of the washout facility. xInspect the project site frequently to ensure that no concrete discharges are taking place in non-designated areas. STANDARD AND SPECIFICATIONS FOR CONCRETE TRUCK WASHOUT November 2016 Page 2.30 New York State Standards and Specifications For Erosion and Sediment Control Definition & Scope A stabilized pad of aggregate underlain with geotextile located at any point where traffic will be entering or leaving a construction site to or from a public right-of-way, street, alley, sidewalk, or parking area. The purpose of stabilized construction access is to reduce or eliminate the tracking of sediment onto public rights-of-way or streets. Conditions Where Practice Applies A stabilized construction access shall be used at all points of construction ingress and egress. Design Criteria See Figure 2.1 on page 2.31 for details. Aggregate Size: Use a matrix of 1-4 inch stone, or reclaimed or recycled concrete equivalent. Thickness: Not less than six (6) inches. Width: 12-foot minimum but not less than the full width of points where ingress or egress occurs. 24-foot minimum if there is only one access to the site. Length:As required, but not less than 50 feet (except on a single residence lot where a 30 foot minimum would apply). Geotextile: To be placed over the entire area to be covered with aggregate. Filter cloth will not be required on a single- family residence lot. Piping of surface water under entrance shall be provided as required. If piping is impossible, a mountable berm with 5:1 slopes will be permitted. Criteria for Geotextile: The geotextile shall be woven or nonwoven fabric consisting only of continuous chain polymeric filaments or yarns of polyester. The fabric shall be inert to commonly encountered chemicals, hydro-carbons, mildew, rot resistant, and conform to the fabric properties as shown: Maintenance The access shall be maintained in a condition which will prevent tracking of sediment onto public rights-of-way or streets. This may require periodic top dressing with additional aggregate. All sediment spilled, dropped, or washed onto public rights-of-way must be removed immediately. When necessary, wheels must be cleaned to remove sediment prior to entrance onto public rights-of-way. When washing is required, it shall be done on an area stabilized with aggregate, which drains into an approved sediment- trapping device. All sediment shall be prevented from entering storm drains, ditches, or watercourses. STANDARD AND SPECIFICATIONS FOR STABILIZED CONSTRUCTION ACCESS Fabric Proper- ties3 Light Duty1 Roads Grade Sub- grade Heavy Duty2 Haul Roads Rough Graded Test Meth- od Grab Tensile Strength (lbs) 200 220 ASTM D1682 Elongation at Failure (%) 50 60 ASTM D1682 Mullen Burst Strength (lbs) 190 430 ASTM D3786 Puncture Strength (lbs) 40 125 ASTM D751 Modified Equivalent 40-80 40-80 US Std Sieve Opening Size CW-02215 Aggregate Depth 6 10 - 1Light Duty Road: Area sites that have been graded to subgrade and where most travel would be single axle vehicles and an occasional multi- axle truck. Acceptable materials are Trevira Spunbond 1115, Mirafi 100X, Typar 3401, or equivalent. 2Heavy Duty Road: Area sites with only rough grading, and where most travel would be multi-axle vehicles. Acceptable materials are Trevira Spunbond 1135, Mirafi 600X, or equivalent. 3Fabrics not meeting these specifications may be used only when design procedure and supporting documentation are supplied to determine ag- gregate depth and fabric strength. New York State Standards and Specifications Page 2.31 November 2016 For Erosion and Sediment Control Figure 2.1 Stabilized Construction Access New York State Standards and Specifications Page 4.39 November 2016 For Erosion and Sediment Control Definition and Scope Applying coarse plant residue or chips, or other suitable materials, to cover the soil surface to provide initial erosion control while a seeding or shrub planting is establishing. Mulch will conserve moisture and modify the surface soil temperature and reduce fluctuation of both. Mulch will prevent soil surface crusting and aid in weed control. Mulch can also be used alone for temporary stabilization in non- growing months. Use of stone as a mulch could be more permanent and should not be limited to non-growing months. Conditions Where Practice Applies On soils subject to erosion and on new seedings and shrub plantings. Mulch is useful on soils with low infiltration rates by retarding runoff. Criteria Site preparation prior to mulching requires the installation of necessary erosion control or water management practices and drainage systems. Slope, grade and smooth the site to fit needs of selected mulch products. Remove all undesirable stones and other debris to meet the needs of the anticipated land use and maintenance required. Apply mulch after soil amendments and planting is accomplished or simultaneously if hydroseeding is used. Select appropriate mulch material and application rate or material needs. Hay mulch shall not be used in wetlands or in areas of permanent seeding. Clean straw mulch is preferred alternative in wetland application. Determine local availability. Select appropriate mulch anchoring material. NOTE: The best combination for grass/legume establishment is straw (cereal grain) mulch applied at 2 ton/ acre (90 lbs./1000sq.ft.) and anchored with wood fiber mulch (hydromulch) at 500 – 750 lbs./acre (11 – 17 lbs./1000 sq. ft.). The wood fiber mulch must be applied through a hydroseeder immediately after mulching. STANDARD AND SPECIFICATIONS FOR MULCHING November 2016 Page 4.40 New York State Standards and Specifications For Erosion and Sediment Control Table 4.2 Guide to Mulch Materials, Rates, and Uses Mulch Material Quality Standards per 1000 Sq. Ft. per Acre Depth ofApplicationRemarks Wood chips or shavings Air-dried. Free of objectionable coarse material 500-900 lbs. 10-20 tons 2-7” Used primarily around shrub and tree plantings and recreation trails to inhibit weed competition. Resistant to wind blowing. Decomposes slowly. Wood fiber cellulose (partly digested wood fibers) Made from natural wood usually with green dye and dispersing agent 50 lbs. 2,000 lbs. —Apply with hydromulcher. No tie down required. Less erosion control provided than 2 tons of hay or straw. Gravel, Crushed Stone or Slag Washed; Size 2B or 3A—1 1/2” 9 cu. yds. 405 cu. yds. 3” Excellent mulch for short slopes and around plants and ornamentals. Use 2B where subject to traffic. (Approximately 2,000 lbs./cu. yd.). Frequently used over filter fabric for better weed control. Hay or Straw Air-dried; free of undesirable seeds & coarse materials 90-100 lbs. 2-3 bales 2 tons (100-120 bales) cover about 90% surface Use small grain straw where mulch is maintained for more than three months. Subject to wind blowing unless anchored. Most commonly used mulching material. Provides the best micro-environment for germinating seeds. Jute twisted yarn Undyed, unbleached plain weave. Warp 78 ends/yd., Weft 41 ends/yd. 60-90 lbs./roll 48” x 50 yds. or 48” x 75 yds. ——Use without additional mulch. Tie down as per manufacturers specifications. Good for center line of concentrated water flow. Excelsior wood fiber mats Interlocking web of excelsior fibers with photodegradable plastic netting 4’ x 112.5’ or 8’ x 112.5’. ——Use without additional mulch. Excellent for seeding establishment. Anchor as per manufacturers specifications. Approximately 72 lbs./roll for excelsior with plastic on both sides. Use two sided plastic for centerline of waterways. Straw or coconut fiber, or combination Photodegradable plastic net on one or two sides Most are 6.5 ft. x 3.5 ft. 81 rolls —Designed to tolerate higher velocity water flow, centerlines of waterways, 60 sq. yds. per roll. New York State Standards and Specifications Page 4.41 November 2016 For Erosion and Sediment Control Table 4.3 Mulch Anchoring Guide Anchoring Method or Material Kind of Mulch to be Anchored How to Apply 1. Peg and Twine Hay or straw After mulching, divide areas into blocks approximately 1 sq. yd. in size. Drive 4-6 pegs per block to within 2” to 3” of soil surface. Secure mulch to surface by stretching twine between pegs in criss-cross pattern on each block. Secure twine around each peg with 2 or more tight turns. Drive pegs flush with soil. Driving stakes into ground tightens the twine. 2. Mulch netting Hay or straw Staple the light-weight paper, jute, wood fiber, or plastic nettings to soil surface according to manufacturer’s recommendations. Should be biodegradable. Most products are not suitable for foot traffic. 3. Wood cellulose fiber Hay or straw Apply with hydroseeder immediately after mulching. Use 500 lbs. wood fiber per acre. Some products contain an adhesive material (“tackifier”), possibly advantageous. 4. Mulch anchoring tool Hay or straw Apply mulch and pull a mulch anchoring tool (blunt, straight discs) over mulch as near to the contour as possible. Mulch material should be “tucked” into soil surface about 3”. 5. Tackifier Hay or straw Mix and apply polymeric and gum tackifiers according to manufacturer’s instructions. Avoid application during rain. A 24-hour curing period and a soil temperature higher than 450 Fahrenheit are required. November 2016 Page 4.52 New York State Standards and Specifications For Erosion and Sediment Control Definition & Scope The decompaction of areas of a development site or construction project where soils have been disturbed to recover the original properties and porosity of the soil; thus providing a sustainable growth medium for vegetation, reduction of runoff and filtering of pollutants from stormwater runoff. Conditions Where Practice Applies Soil restoration is to be applied to areas whose heavy construction traffic is done and final stabilization is to begin. This is generally applied in the cleanup, site restoration, and landscaping phase of construction followed by the permanent establishment of an appropriate ground cover to maintain the soil structure. Soil restoration measures should be applied over and adjacent to any runoff reduction practices to achieve design performance. 2. Soil restoration will be completed in accordance with Table 4.6 on page 4.53. Specification for Full Soil Restoration During periods of relatively low to moderate subsoil moisture, the disturbed subsoils are returned to rough grade and the following Soil Restoration steps applied: 1. Apply 3 inches of compost over subsoil. The compost shall be well decomposed (matured at least 3 months), weed-free, organic matter. It shall be aerobically composted, possess no objectionable odors, and contain less than 1%, by dry weight, of man-made foreign matter. The physical parameters of the compost shall meet the standards listed in Table 5.2 - Compost Standards Table, except for “Particle Size” 100% will pass the 1/2” sieve. Note: All biosolids compost produced in New York State (or approved for importation) must meet NYS DEC’s 6 NYCRR Part 360 (Solid Waste Management Facilities) requirements. The Part 360 requirements are equal to or more stringent than 40 CFR Part 503 which ensure safe standards for pathogen reduction and heavy metals content. STANDARD AND SPECIFICATIONS FOR SOIL RESTORATION Design Criteria 1. Soil restoration areas will be designated on the plan views of areas to be disturbed. 2. Till compost into subsoil to a depth of at least 12 inches using a cat-mounted ripper, tractor mounted disc, or tiller, to mix and circulate air and compost into the subsoil. 3. Rock-pick until uplifted stone/rock materials of four inches and larger size are cleaned off the site. 4. Apply topsoil to a depth of 6 inches. 5. Vegetate as required by the seeding plan. Use appropriate ground cover with deep roots to maintain the soil structure. 6. Topsoil may be manufactured as a mixture or a mineral component and organic material such as compost. New York State Standards and Specifications Page 4.53 November 2016 For Erosion and Sediment Control Type of Soil Disturbance Soil Restoration Requirement Comments/Examples No soil disturbance Restoration not permitted Preservation of Natural Features Minimal soil disturbance Restoration not required Clearing and grubbing Areas where topsoil is stripped only - no change in grade HSG A&B HSG C&D Protect area from any ongoing construc- tion activities. Apply 6 inches of topsoil Aerate* and apply 6 inches of topsoil Areas of cut or fill HSG A&B HSG C&D Aerate* and apply 6 inches of topsoil Apply full Soil Restoration** Heavy traffic areas on site (especially in a zone 5-25 feet around buildings but not within a 5 foot perimeter around foundation walls) Apply full Soil Restoration (decompaction and compost enhance- ment) Areas where Runoff Reduction and/or Infiltration practices are applied Restoration not required, but may be applied to enhance the reduction speci- fied for appropriate practices. Keep construction equipment from crossing these areas. To protect newly installed practice from any ongoing construction activities construct a single phase operation fence area Redevelopment projects Soil Restoration is required on redevel- opment projects in areas where existing impervious area will be converted to pervious area. * Aeration includes the use of machines such as tractor-drawn implements with coulters making a narrow slit in the soil, a roller with many spikes making indentations in the soil, or prongs which function like a mini-subsoiler. ** Per “Deep Ripping and De-compaction, DEC 2008”. Table 4.6 Soil Restoration Requirements At the end of the project an inspector should be able to push a 3/8” metal bar 12 inches into the soil just with body weight. This should not be performed within the drip line of any existing trees or over utility installations that are within 24 inches of the surface. Maintenance Keep the site free of vehicular and foot traffic or other weight loads. Consider pedestrian footpaths. November 2016 Page 4.58 New York State Standards and Specifications For Erosion and Sediment Control Definition & Scope Providing temporary erosion control protection to disturbed areas and/or localized critical areas for an interim period by covering all bare ground that exists as a result of construction activities or a natural event. Critical areas may include but are not limited to steep excavated cut or fill slopes and any disturbed, denuded natural slopes subject to erosion. Conditions Where Practice Applies Temporary seedings may be necessary on construction sites to protect an area, or section, where final grading is complete, when preparing for winter work shutdown, or to provide cover when permanent seedings are likely to fail due to mid-summer heat and drought. The intent is to provide temporary protective cover during temporary shutdown of construction and/or while waiting for optimal planting time. Criteria Water management practices must be installed as appropriate for site conditions. The area must be rough graded and slopes physically stable. Large debris and rocks are usually removed. Seedbed must be seeded within 24 hours of disturbance or scarification of the soil surface will be necessary prior to seeding. Fertilizer or lime are not typically used for temporary seedings. IF: Spring or summer or early fall, then seed the area with ryegrass (annual or perennial) at 30 lbs. per acre (Approximately 0.7 lb./1000 sq. ft. or use 1 lb./1000 sq. ft.). IF: Late fall or early winter, then seed Certified ‘Aroostook’ winter rye (cereal rye) at 100 lbs. per acre (2.5 lbs./1000 sq. ft.). Any seeding method may be used that will provide uniform application of seed to the area and result in relatively good soil to seed contact. Mulch the area with hay or straw at 2 tons/acre (approx. 90 lbs./1000 sq. ft. or 2 bales). Quality of hay or straw mulch allowable will be determined based on long term use and visual concerns. Mulch anchoring will be required where wind or areas of concentrated water are of concern. Wood fiber hydromulch or other sprayable products approved for erosion control (nylon web or mesh) may be used if applied according to manufacturers’ specification. Caution is advised when using nylon or other synthetic products. They may be difficult to remove prior to final seeding and can be a hazard to young wildlife species. STANDARD AND SPECIFICATIONS FOR TEMPORARY CONSTRUCTION AREA SEEDING New York State Standards and Specifications Page 4.59 November 2016 For Erosion and Sediment Control Definition & Scope Spreading a specified quality and quantity of topsoil materials on graded or constructed subsoil areas to provide acceptable plant cover growing conditions, thereby reducing erosion; to reduce irrigation water needs; and to reduce the need for nitrogen fertilizer application. Conditions Where Practice Applies Topsoil is applied to subsoils that are droughty (low available moisture for plants), stony, slowly permeable, salty or extremely acid. It is also used to backfill around shrub and tree transplants. This standard does not apply to wetland soils. Design Criteria 1. Preserve existing topsoil in place where possible, thereby reducing the need for added topsoil. 2. Conserve by stockpiling topsoil and friable fine textured subsoils that must be stripped from the excavated site and applied after final grading where vegetation will be established. Topsoil stockpiles must be stabilized. Stockpile surfaces can be stabilized by vegetation, geotextile or plastic covers. This can be aided by orientating the stockpile lengthwise into prevailing winds. 3. Refer to USDA Natural Resource Conservation Service soil surveys or soil interpretation record sheets for further soil texture information for selecting appropriate design topsoil depths. Site Preparation 1. As needed, install erosion and sediment control practices such as diversions, channels, sediment traps, and stabilizing measures, or maintain if already installed. 2. Complete rough grading and final grade, allowing for depth of topsoil to be added. 3. 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. Areas that have been overly compacted shall be decompacted in accordance with the Soil Restoration Standard. 4. Remove refuse, woody plant parts, stones over 3 inches in diameter, and other litter. Topsoil Materials 1. Topsoil shall have at least 6 percent by weight of fine textured stable organic material, and no greater than 20 percent. Muck soil shall not be considered topsoil. 2. Topsoil shall have not less than 20 percent fine textured material (passing the NO. 200 sieve) and not more than 15 percent clay. 3. Topsoil treated with soil sterilants or herbicides shall be so identified to the purchaser. 4. Topsoil shall be relatively free of stones over 1 1/2 inches in diameter, trash, noxious weeds such as nut sedge and quackgrass, and will have less than 10 percent gravel. 5. Topsoil containing soluble salts greater than 500 parts per million shall not be used. 6. Topsoil may be manufactured as a mixture of a mineral component and organic material such as compost. Application and Grading 1. Topsoil shall be distributed to a uniform depth over the area. It shall not be placed when it is partly frozen, muddy, or on frozen slopes or over ice, snow, or standing water puddles. 2. Topsoil placed and graded on slopes steeper than 5 percent shall be promptly fertilized, seeded, mulched, and stabilized by “tracking” with suitable equipment. 3. Apply topsoil in the amounts shown in Table 4.7 below: STANDARD AND SPECIFICATIONS FOR TOPSOILING November 2016 Page 4.60 New York State Standards and Specifications For Erosion and Sediment Control Site Conditions Intended Use Minimum Topsoil Depth 1. Deep sand or loamy sand Mowed lawn 6 in. Tall legumes, unmowed 2 in. Tall grass, unmowed 1 in. 2. Deep sandy loam Mowed lawn 5 in. Tall legumes, unmowed 2 in. Tall grass, unmowed none 3. Six inches or more: silt loam, clay loam, loam, or silt Mowed lawn 4 in. Tall legumes, unmowed 1 in. Tall grass, unmowed 1 in. Table 4.7 - Topsoil Application Depth November 2016 Page 5.46 New York State Standards and Specifica- For Erosion and Sediment Control STANDARD AND SPECIFICATIONS FOR SEDIMENT TRAP Definition & Scope A temporary sediment control device formed by excavation and/or embankment to intercept sediment-laden runoff and trap the sediment in order to protect drainageways, proper- ties, and rights-of-way below the sediment trap from sedi- mentation. Conditions Where Practice Applies A sediment trap is usually installed in a drainageway, at a storm drain inlet, or other points of collection from a dis- turbed area for one construction season. Sediment traps should be used to artificially break up the natural drainage area into smaller sections where a larger device (sediment basin) would be less effective. Design Criteria If the drainage area to the proposed trap location exceeds 5 acres, or the trap is in place beyond one construction sea- son, or any of the additional design criteria presented here cannot be met, a full Sediment Basin must be used. See Standard and Specification for Sediment Basin on page 5.19. Drainage Area The maximum drainage area for all sediment traps shall be 5 acres. Location Sediment traps shall be located so that they can be installed prior to grading or filling in the drainage area they are to protect. Traps must not be located any closer than 20 feet from a proposed building foundation if the trap is to func- tion during building construction. Locate traps to obtain maximum storage benefit from the terrain and for ease of cleanout and disposal of the trapped sediment. Trap Size The volume of a sediment trap as measured at the elevation of the crest of the outlet shall be at least 3,600 cubic feet per acre of drainage area. A minimum length to width ratio of 2:1 should be provided. The volume of a constructed trap shall be calculated using standard mathematical procedures. The volume of a natural sediment trap may be approximat- ed by the equation: Volume (cu.ft.) = 0.4 x surface area (sq.ft.) x maximum depth (ft.). Trap Cleanout Sediment shall be removed and the trap restored to the orig- inal dimensions when the sediment has accumulated to ½ of the design depth of traps I-II, and 1/3 the depth for trap III. Sediment removed from the trap shall be deposited in a protected area and in such a manner that it will not erode. Embankment All earth embankments for sediment traps shall not exceed five (5) feet in height as measured at the low point of the original ground along the centerline of the embankment. Embankments shall have a minimum four (4) foot wide top and side slopes of 2:1 or flatter. The embankment shall be compacted by traversing with equipment while it is being constructed. The embankment shall be stabilized with seed and mulch as soon as it is completed The elevation of the top of any dike directing water to any sediment trap will equal or exceed the maximum height of the outlet structure along the entire length of the trap. Excavation All excavation operations shall be carried out in such a manner that erosion and water pollution shall be minimal. Excavated portions of sediment traps shall have 1:1 or flat- ter slopes. Outlet The outlet shall be designed, constructed, and maintained in such a manner that sediment does not leave the trap and that erosion at or below the outlet does not occur. Sediment traps must outlet onto stabilized (preferable un- disturbed) ground, into a watercourse, stabilized channel, or into a storm drain system. Distance between inlet and out- let should be maximized to the longest length practicable. New York State Standards and Specifications Page 5.47 November 2016 For Erosion and Sediment Control All traps must be seeded and mulched immediately after construction. Trap Details Needed on Erosion and Sediment Control Plans Each trap shall be delineated on the plans in such a manner that it will not be confused with any other features. Each trap on a plan shall indicate all the information necessary to properly construct and maintain the structure. If the draw- ings are such that this information cannot be delineated on the drawings, then a table shall be developed. If a table is developed, then each trap on a plan shall have a number and the numbers shall be consecutive. The following information shall be shown for each trap in a summary table format on the plans. 1. Trap number 2. Type of trap 3. Drainage area 4. Storage required 5. Storage provided (if applicable) 6. Outlet length or pipe sizes 7. Storage depth below outlet or cleanout elevation 8. Embankment height and elevation (if applicable) Type of Sediment Traps There are three (3) specific types of sediment traps which vary according to their function, location, or drainage area. I. Pipe Outlet Sediment Trap II. Stone Outlet Sediment Trap III. Compost Filter Sock Sediment Trap I. Pipe Outlet Sediment Trap A Pipe Outlet Sediment Trap consists of a trap formed by embankment or excavation. The outlet for the trap is through a perforated riser and a pipe through the embank- ment. The outlet pipe and riser shall be made of steel, cor- rugated metal or other suitable material. The top of the embankment shall be at least 1 ½ feet above the crest of the riser. The preferred method of dewatering the sediment trap is by surface skimmer. See Dewatering Device Standard, page 5.10. If the riser alone is used for dewatering, the top 2/3 of the riser shall be perforated with one (1) inch nomi- nal diameter holes or slits spaced six (6) inches vertically and horizontally placed in the concave portion of the corru- gated pipe. No holes or slits will be allowed within six (6) inches of the top of the horizontal barrel. All pipe connections shall be watertight. The riser shall be wrapped with ½ to ¼ inch hardware cloth wire then wrapped with filter cloth with a sieve size between #40-80 and secured with strapping or connecting band at the top and bottom of the cloth. The cloth shall cover an area at least six (6) inches above the highest hole and six (6) inches below the lowest hole. The top of the riser pipe shall not be covered with filter cloth. The riser shall have a base with sufficient weight to prevent flotation of the riser. Two approved bases are: 1. A concrete base 12 in. thick with the riser embedded 9 in. into the concrete base, or 2. One quarter inch, minimum, thick steel plate attached to the riser by a continuous weld around the circumference of the riser to form a watertight connection. The plate shall have 2.5 feet of stone, gravel, or earth placed on it to prevent flotation. In either case, each side of the square base measurement shall be the riser diameter plus 24 inches. Pipe outlet sediment traps shall be limited to a five (5) acre maximum drainage area. Pipe outlet sediment trap is inter- changeable in the field with stone outlet provided that these sediment traps are constructed in accordance with the detail and specifications for that trap. Select pipe diameter from the following table: See details for Pipe Outlet Sediment Trap ST-I in Figure 5.25 and 5.26 on pages 5.49 and 5.50. Optional sediment trap dewatering devices are shown on Figure 5.29 on Page 5.53. Minimum Sizes Barrel Diameter1 (in.) Riser Diameter1 (in.) Maximum Drain- age Area (ac.) 12 15 1 15 18 2 18 21 3 21 24 4 21 27 5 1 Barrel diameter may be same size as riser diameter November 2016 Page 5.48 New York State Standards and Specifica- For Erosion and Sediment Control II. Stone Outlet Sediment Trap A Stone Outlet Sediment Trap consists of a trap formed by an embankment or excavation. The outlet of this trap is over a stone section placed on level ground. The minimum length (feet) of the outlet shall be equal to four (4) times the drainage area (acres). Required storage shall be 3,600 cubic feet per acre of drain- age area. The outlet crest (top of stone in weir section) shall be level, at least one (1) foot below top of embankment and no more than one (1) foot above ground beneath the outlet. Stone used in the outlet shall be small riprap (4 in. x 8 in.). To provide more efficient trapping effect, a layer of filter cloth should be embedded one (1) foot back into the upstream face of the outlet stone or a one (1) foot thick layer of two (2) inch or finer aggregate shall be placed on the upstream face of the outlet. Stone Outlet Sediment Traps may be interchangeable in the field with pipe outlet sediment traps provided they are con- structed in accordance with the detail and specifications for those traps. Stone outlet sediment traps shall be limited to a five (5) acre maximum drainage area. See details for Stone Outlet Sediment Trap ST-II in Figure 5.27 on page 5.51 III. Compost Sock Sediment Trap A compost sock sediment trap consists of a trap formed by creating an enclosure of geotextile mesh tubes filled with a compost filter media. These traps are used in locations where there is no opportunity to direct runoff into larger traps or well vegetated areas. This could occur at site en- trances and access points or in tight areas due to construc- tion boundary limits. Surface runoff can be directed to the trap with standard con- veyance practices. Groundwater or surface ponding in low areas can be pumped into the compost sock sediment trap with appropriate energy dissipation at the pump outlet to prevent scour. Design criteria for Compost Sock Sediment Trap 1. The maximum drainage area tributary to the trap shall be 5 acres. 2. The minimum settled height above ground shall be 2.0 feet formed by staking 3 compost filter socks in a pyra- mid as shown in Figure 5.28 on page 5.52. 3. The storage volume provided in the compost sock sedi- ment trap shall be 3,600 cubic feet per tributary drain- age acre. 4. If necessary, additional storage area can be created by excavating a sump 1 foot deep beginning at least 5 feet away from the inside sock. 5. All compost filter sock materials, mesh, and compost, will meet the material specifications listed in the Com- post Filter Sock standard. No spillway is required. 6. Compost filter sock sediment traps shall be inspected weekly and after every rainfall event. Sediment shall be removed when it reaches one third, 1/3, the height of the trap. 7. The maximum limit of use for a compost sock sediment trap is one (1) year. The existing trap shall be replaced if there is a need for a trap beyond that time limit. 8. Upon completion of the work, the compost sock sedi- ment trap shall be removed. The compost within the socks may be used during cleanup as a vegetative growth medium in accordance with the site stabiliza- tion plan. New York State Standards and Specifications Page 5.49 November 2016 For Erosion and Sediment Control Figure 5.25 Pipe Outlet Sediment Trap: ST-I November 2016 Page 5.50 New York State Standards and Specifica- tions For Erosion and Sediment Control Figure 5.26 Pipe Outlet Sediment Trap: ST-I - Construction Specifications New York State Standards and Specifications Page 5.51 November 2016 For Erosion and Sediment Control Figure 5.27 Stone Outlet Sediment Trap: ST-II November 2016 Page 5.52 New York State Standards and Specifica- tions For Erosion and Sediment Control Figure 5.28 Compost Filter Sock Sediment Trap: ST-III Plan View Staking Detail Specifications: 1. Sock infill and filter media material shall meet the standards of Table 5.1 on page 5.8 . Compost shall meet the com- post filter sock standard of Table 5.2 on page 5.8. 2. Compost sock sediment traps shall not exceed three socks in height and shall be stacked in pyramidal form as shown above. Minimum trap height is one 24 inch diameter sock. Additional storage may be provided by means of an exca- vated sump 12 inches deep extending 1 to 3 feet upslope of the socks along the lower side of the trap. 3. Compost sock sediment traps shall provide 3,600 cubic feet storage capacity with 12 inches of freeboard for each tribu- tary drainage acreage. (See manufacturer for anticipated settlement.) 4. The maximum tributary drainage area is 5.0 acres. Since compost socks are “flow-through,” no spillway is required. 5. Compost sock sediment traps shall be inspected weekly and after each runoff event. Sediment shall be removed when it reaches 1/3 the height of the socks. 6. Photodegradable and biodegradable socks shall not be used for more than 1 year. 1. Compost Sock Sediment Trap shall be sized to provide 3,600 cubic feet of storage capacity for acre tributary to the trap. 2. Minimum base width is equivalent to the height. 3. Sediment accumulation shall not exceed 1/3 the total height of the trap. 4. Socks shall be of larger diameter at the base of the trap and decrease in diameter for successive layers as indicated to the left. 5. Ends of the trap shall be a minimum of 1 foot higher in elevation that the mid-section, which shall be located at the point of discharge. * Figures adapted from Filtrexx New York State Standards and Specifications Page 5.53 November 2016 For Erosion and Sediment Control Figure 5.29 Optional Sediment Trap Dewatering Devices for Traps with <5 Acres Drainage Area November 2016 Page 5.54 New York State Standards and Specifica- tions For Erosion and Sediment Control STANDARD AND SPECIFICATIONS FOR SILT FENCE Definition & Scope A temporary barrier of geotextile fabric installed on the contours across a slope used to intercept sediment laden runoff from small drainage areas of disturbed soil by tem- porarily ponding the sediment laden runoff allowing settling to occur. The maximum period of use is limited by the ul- traviolet stability of the fabric (approximately one year). Conditions Where Practice Applies A silt fence may be used subject to the following condi- tions: 1. Maximum allowable slope length and fence length will not exceed the limits shown in the Design Criteria for the specific type of silt fence used ; and 2. Maximum ponding depth of 1.5 feet behind the fence; and 3. Erosion would occur in the form of sheet erosion; and 4. There is no concentration of water flowing to the barri- er; and 5. Soil conditions allow for proper keying of fabric, or other anchorage, to prevent blowouts. Design Criteria 1. Design computations are not required for installations of 1 month or less. Longer installation periods should be designed for expected runoff. 2. All silt fences shall be placed as close to the disturbed area as possible, but at least 10 feet from the toe of a slope steeper than 3H:1V, to allow for maintenance and roll down. The area beyond the fence must be undis- turbed or stabilized. 3. The type of silt fence specified for each location on the plan shall not exceed the maximum slope length and maximum fence length requirements shown in the fol- lowing table: 4. Silt fence shall be removed as soon as the disturbed area has achieved final stabilization. The silt fence shall be installed in accordance with the ap- propriate details. Where ends of filter cloth come together, they shall be overlapped, folded and stapled to prevent sedi- ment bypass. Butt joints are not acceptable. A detail of the silt fence shall be shown on the plan. See Figure 5.30 on page 5.56 for Reinforced Silt Fence as an example of details to be provided. Criteria for Silt Fence Materials 1. Silt Fence Fabric: The fabric shall meet the following specifications unless otherwise approved by the appropriate erosion and sediment control plan approval authority. Such approval shall not constitute statewide acceptance. Slope Length/Fence Length (ft.) Slope Steepness Standard Reinforced Super <2% < 50:1 300/1500 N/A N/A 2-10% 50:1 to 10:1 125/1000 250/2000 300/2500 10-20% 10:1 to 5:1 100/750 150/1000 200/1000 20-33% 5:1 to 3:1 60/500 80/750 100/1000 33-50% 3:1 to 2:1 40/250 70/350 100/500 >50% > 2:1 20/125 30/175 50/250 Standard Silt Fence (SF) is fabric rolls stapled to wood- en stakes driven 16 inches in the ground. Reinforced Silt Fence (RSF) is fabric placed against welded wire fabric with anchored steel posts driven 16 inches in the ground. Super Silt Fence (SSF) is fabric placed against chain link fence as support backing with posts driven 3 feet in the ground. New York State Standards and Specifications Page 5.55 November 2016 For Erosion and Sediment Control 2. Fence Posts (for fabricated units): The length shall be a minimum of 36 inches long. Wood posts will be of sound quality hardwood with a minimum cross section- al area of 3.5 square inches. Steel posts will be stand- ard T and U section weighing not less than 1.00 pound per linear foot. Posts for super silt fence shall be stand- ard chain link fence posts. 3. Wire Fence for reinforced silt fence: Wire fencing shall be a minimum 14 gage with a maximum 6 in. mesh opening, or as approved. 4. Prefabricated silt fence is acceptable as long as all ma- terial specifications are met. Reinforced Silt Fence Super Silt Fence Fabric Properties Minimum Acceptable Value Test Method Grab Tensile Strength (lbs) 110 ASTM D 4632 Elongation at Failure (%) 20 ASTM D 4632 Mullen Burst Strength (PSI) 300 ASTM D 3786 Puncture Strength (lbs) 60 ASTM D 4833 Minimum Trapezoidal Tear Strength (lbs) 50 ASTM D 4533 Flow Through Rate (gal/ min/sf) 25 ASTM D 4491 Equivalent Opening Size 40-80 US Std Sieve ASTM D 4751 Minimum UV Residual (%) 70 ASTM D 4355 November 2016 Page 5.56 New York State Standards and Specifica- tions For Erosion and Sediment Control Figure 5.30 Reinforced Silt Fence APPENDIX D SWPPP DOCUMENTS ________________________________________________________________________ ABD Engineers, LLP 23 Native Development Queensbury 4899A-SWPPP 24 Native Road STORMWATER POLLUTION PREVENTION PLAN SPILL RESPONSE REPORT Within 1 hour of a spill discovery less than 2 gallons in volume the following must be notified: 1. Native Development Associates, LLC 2. ABD Engineers, LLP, 518-377-0315 3. Town of Queensbury, 518-761-8200 Within 1 hour of a spill discovery greater than 2 gallons in volume the following must be notified: 1. NYSDEC Spill Response Hotline 800-457-7362 2. Native Development Associates, LLC 3. ABD Engineers, LLP, 518-377-0315 4. Spill Response Contractor, e.g. Kleen Resources, 518-462-0400 or others by contractor. 5. Town of Queensbury, 518-761-8200 Please complete following information: 1. Material Spilled: 2. Approximate Volume: 3. Location: 4. Distance to nearest down gradient drainage way: 5. Distance to nearest down gradient open water: 6. Temporary control measures in place: SIGNATURE OF PERSON REPORTING SPILL AND COMPLETING FORM: PRINT NAME, TITLE AND COMPANY: DATE AND TIME OF SPILL: DATE AND TIME REPORTED: New York State Stormwater Management Design Manual Appendix G G-6 Infiltration %DVLQ Operation, Maintenance, and Management Inspection Checklist Project: Location: Site Status: Date: Time: Inspector: MAINTENANCE ITEM SATISFACTORY / UNSATISFACTORY COMMENTS 1. Debris Cleanout (Monthly) Basin surface clear of debris Inflow pipes clear of debris Overflow spillway clear of debris Inlet area clear of debris 2. Sediment Traps or Forebays (Annual) Obviously trapping sediment Greater than 50% of storage volume remaining 3. Dewatering (Monthly) Basin dewaters between storms 4. Sediment Cleanout of Basin (Annual) No evidence of sedimentation in basin Sediment accumulation doesn=t yet require cleanout 5. Inlets (Annual) New York State Stormwater Management Design Manual Appendix G G-7 MAINTENANCE ITEM SATISFACTORY / UNSATISFACTORY COMMENTS Good condition No evidence of erosion 6. Outlet/Overflow Spillway (Annual) Good condition, no need for repair No evidence of erosion 7. Aggregate Repairs (Annual) Surface of aggregate clean Top layer of stone does not need replacement Basin does not need rehabilitation Comments: Actions to be Taken: STORMWATER MANAGEMENT 147 Attachment 5 SCHEDULE E Sample Stormwater Control Facility Maintenance Agreement Whereas, the Town of Queensbury ('municipality') and (the "facility owner") want to enter into an agreement to provide for the long term maintenance and continuation of stormwater control measures approved by the municipality for the below named project, and Whereas, the municipality and the facility owner desire that the stormwater control measures be built in accordance with the approved project plans and thereafter be maintained, cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance of the components. Therefore, the municipality and the facility owner agree as follows: 1.This agreement binds the municipality and the facility owner, its successors and assigns, to the maintenance provisions depicted in the approved project plans which are attached as Schedule A of this agreement. 2.The facility owner shall maintain, clean, repair, replace and continue the stormwater control measures depicted in Schedule A as necessary to ensure optimum performance of the measures to design specifications. The stormwater control measures shall include, but shall not be limited to, the following: drainage ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption devices and retention ponds. 3.The facility owner shall be responsible for all expenses related to the maintenance of the stormwater control measures and shall establish a means for the collection and distribution of expenses among parties for any commonly owned facilities. 4.The facility owner shall provide for the periodic inspection of the stormwater control measures, not less than once in every five year period, to determine the condition and integrity of the measures. Such inspection shall be performed by a Professional Engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the municipality within 30 days of the inspection, a written report of the findings including recommendations for those actions necessary for the continuation of the stormwater control measures. 5.The facility owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the stormwater control measures except in accordance with written approval of the municipality. 6.The facility owner shall undertake necessary repairs and replacement of the stormwater control measures at the direction of the municipality or in accordance with the recommendations of the inspecting engineer. 7.The facility owner shall provide to the municipality within 30 days of the date of this agreement, a security for the maintenance and continuation of the stormwater control measures in the form of a (Bond, letter of credit or escrow account). 147 Attachment 5:1 04 - 15 - 2009 QUEENSBURY CODE 8.This agreement shall be recorded in the Office of the County Clerk, County of Warren, together with the deed for the common property and shall be included in the offering plan and/or prospectus approved pursuant to _________________. 9.If ever the municipality determines that the facility owner has failed to construct or maintain the stormwater control measures in accordance with the project plan or has failed to undertake corrective action specified by the municipality or by the inspecting engineer, the municipality is authorized to undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the stormwater control measures and to affix the expenses thereof as a lien against the property. 10.This agreement is effective beginning on: _________________. 147 Attachment 5:2 04 - 15 - 2009 Division for Historic Preservation P.O. Box 189, Waterford, New York 12188-0189 • (518) 237-8643 • parks.ny.gov ANDREW M. CUOMO ERIK KULLESEID Governor Commissioner February 26, 2021 David Moyer Birchwood Archaeological Services, Inc. 131 Marion Avenue PO Box 333 Gilbertsville, NY 13776 Re: DEC Native Drive Industrial Development Town of Queensbury, Warren County, NY 21PR01125 Dear David Moyer: Thank you for requesting the comments of the Division for Historic Preservation of the Office of Parks, Recreation and Historic Preservation (OPRHP). We have reviewed the submitted materials in accordance with the New York State Historic Preservation Act of 1980 (section 14.09 of the New York Parks, Recreation and Historic Preservation Law). These comments are those of the Division for Historic Preservation and relate only to Historic/Cultural resources. They do not include potential environmental impacts to New York State Parkland that may be involved in or near your project. Such impacts must be considered as part of the environmental review of the project pursuant to the State Environmental Quality Review Act (New York Environmental Conservation Law Article 8) and its implementing regulations (6NYCRR Part 617). OPRHP has reviewed the Phase IA/IB Archaeological Survey Report entitled “Phase IA/IB Cultural Resources Survey, Native Development Industrial Development, Town of Queensbury, Warren County, New York” prepared by Birchwood Archaeological Services, Inc. (January 2021; 21SR00136). No archaeological sites were identified by the survey. Therefore, it is the opinion of the OPRHP that no properties, including archaeological and/or historic resources, listed in or eligible for the New York State and National Registers of Historic Places will be impacted by this project. If you have any questions, I can be reached at Jessica.Schreyer@parks.ny.gov. Sincerely, Jessica Schreyer Scientist Archaeology