2021-09-21_TDE RESPONSE LETTER900 Route 146 Clifton Park, NY 12065
(P) 518.371.7621 edpllp.com
September 21, 2021
Ms. Craig Brown
Zoning Administrator and Code Compliance Officer
Town of Queensbury
742 Bay Road
Queensbury, New York 12804
Regarding: 40 Dark Bay Lane
Town of Queensbury, Warren County, New York
Chazen Project # 92100.36
Queensbury Ref # SP48-2021
Dear Mr. Brown:
Our office has received the comment letter for the above referenced project dated August 19, 2021 by Chazen,
A LaBella Company. In response to the comments we offer the following responses:
1. According to the site plan review application, the proposed site improvements will disturb less than one
acre and thus the project is not required to obtain coverage under the NYSDEC SPDES General Permit
for Stormwater Discharges from Construction Activity (GP-0-20-001). However, this project falls within the
Lake George watershed and therefore is subject to the stormwater management requirements set forth in
Section 147-11 of the Town Code for projects within the Lake George Park. Comments related to the
stormwater management and erosion and sediment control features proposed for the site are offered
below:
Response: Comment Noted.
2. According to the site plan review application, this project proposes to disturb approximately 10,200 SF
(11,100 SF according to sheet S3 of the site plans). Projects that disturb less than 15,000 SF are
considered Minor Projects per Town code section 147-11.E.(1). The Applicant has provided a stormwater
analysis in accordance with Minor project standards for review.
Response: Comment Noted.
3. For a similar project using permeable pavers, the Lake George Park Commission opined, “we consider
stone steps and pavers to be impervious.” The stormwater management capacity of these devices is
based on the reservoir below the pavers. Permeable pavers are to be considered impermeable surface
for stormwater calculations. The Applicant shall revise the stormwater calculations accordingly.
Response: The stormwater calculations on sheet S6 have been revised to account for the
proposed permeable pavers as impervious area.
4. The addition of a catch basin and pipe is a change in the drainage pattern of the site, which appears to
concentrate flow at the top of a steep slope. Has the Applicant analyzed the slope as it relates to maximum
permissible velocity (non-erodible velocity) from the concentration of flow?
Response: The proposed catch basin has been revised to be a dry well in order to maximize
infiltration and minimize discharge toward the lake. The proposed rip rap outlet has been designed
in accordance with the NYSDEC Erosion and Sediment control manual to dissipate the anticipated
discharge rates.
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900 Route 146 Clifton Park, NY 12065
(P) 518.371.7621 edpllp.com
Mr. Craig Brown ENVIRONMENTAL DESIGN PARTNERSHIP, LLP.
September 21, 2021 Shaping the physical environment
5. Based on the contours after the outlet of the new proposed 12” pipe, it is difficult to discern if the drainage
stays on the subject parcel. The Applicant should clarify the drainage path of the new outfall and ensure
that there is no increase in runoff to the adjoining parcel at this location.
Response: The location of the culvert discharge has been slightly modified. Further site investigations
will be performed to ensure runoff will remain on the project parcel.
6. Town Code Section 147-11.I(2)(a) states, “Location of the infiltration devices shall be determined based
upon soil test pits.” Further, section 147-11.I(2)(e) requires “the bottom of any infiltration device shall be a
minimum of two feet above seasonal high groundwater mark and two feet above bedrock.” While test pits
were conducted in the area of the septic absorption field, it does not appear soil test pits were conducted
to verify soil type, infiltrative capacity, or vertical separation distances within the bounds of any stormwater
practice. The Applicant shall conduct testing in accordance with the Town code and provide the results in
subsequent submissions.
Response: Additional test pits in the areas of the proposed stormwater management devices will
be performed and results submitted to the town prior to planning board approval.
7. Town Code Section 147-11.I(1)(b) requires “emergency overflow provisions shall be made as necessary
to prevent erosion, flooding, and damage to structures, roads and stormwater control measures.” Such
emergency overflow measures shall be included in the proposed infiltration devices. The Applicant to
revise accordingly.
Response: Emergency overflows have been added to the rain garden and shallow depression.
8. The Applicant shall depict neighboring water wells within reason as applicable. The Applicant shall depict
neighboring subsurface treatment systems within reason as applicable.
Response: The approximate locations of the existing neighboring wells have been depicted on
sheet S3 of the plan set. The subsurface wastewater systems for a two neighboring parcels along
the lake are reported to be on the opposite sides of the associated homes, away from the project
parcel.
9. The Applicant should depict the locations of roof leaders if such are proposed.
Response: No roof leaders are proposed
10. The Applicant may be required to execute a stormwater maintenance agreement with the Town in
accordance with Section 147-10.D of the Town Code. Applicant should submit a draft stormwater
maintenance agreement.
Response: A draft stormwater maintenance agreement is enclosed.
11. Some infiltration practices appear to be located on slopes greater than 15%. Town Code section 147-
11.I(2)(g)requires that “stormwater control measures proposed to be installed at locations with a slope
greater than 15% before grading […] shall be designed by a licensed professional engineer, architect, or
exempt land surveyor.” The design professional does not appear to be listed on the plans. The Applicant
to clarify that it will be designed in accordance with 147-11.I(2)(g).
Response: The proposed stormwater management devices have been designed by a professional
engineer and the plan title block has been revised to include design professional information.
12. A stabilized construction entrance and concrete washout do not appear to be shown. The Applicant shall
depict such measures on the site plans and provide details of the same in accordance with NYS SSEC.
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900 Route 146 Clifton Park, NY 12065
(P) 518.371.7621 edpllp.com
Mr. Craig Brown ENVIRONMENTAL DESIGN PARTNERSHIP, LLP.
September 21, 2021 Shaping the physical environment
Response: The proposed location for the construction entrance and concrete washout have been
added to the plans on sheet S4.
13. The erosion and sediment control notes shall include the provisions of Town Code section 147-11.J.
Response: The town erosion and sediment control notes have been added to sheet S4 of the plan
set.
14. It appears multiple retaining walls are proposed on the site plans. The NYS Standards and Specifications
for Erosion and Sediment Control (SSESC) states, “the design of any retaining wall structure must address
the aspects of foundation bearing capacity, sliding, overturning, drainage, and loading systems. These
are complex systems that should be designed by a licensed professional engineer.” The site plans indicate
that retaining walls and rock walls are to be “designed by others.” The Applicant shall provide the design
of such prior to construction so long as the Town does not take exception to this approach. The design
shall be developed in accordance with the NYS SSESC and other regulating documents (the residential
building code, for example).
Response: Comment noted, the walls will be designed by a professional engineer prior to
construction.
15. As shown, the silt fence detail is outdated. The Applicant to revise the detail to match the silt fence detail
of the most recent version of the NYS SSESC, to include the slope length/ fence length table.
Response: An updated silt fence detail has been added to sheet S5 of the plan set.
Please feel free to contact our office at your convenance if you have any additional questions or comments.
Sincerely,
Brandon Ferguson, P.E.
Environmental Design Partnership
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