DEC ApprovalNEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-5234-00717
PERMIT
Under the Environmental Conservation Law (ECL)
Permittee and Facility Information
Permit Issued To:Facility:
Schermerhorn Residential Holdings LP Schermerhorn Property
536 Bay Rd 67 Haviland Rd
Queensbury, NY 12804 Queensbury, NY 12804
(518) 708-0674
Facility Location: in QUEENSBURY in WARREN COUNTY
Facility Principal Reference Point: NYTM-E: 609.360905019397 NYTM-N:
4801.40548056739
Latitude: 43°21'27.2" Longitude: 73°39'01.6"
Authorized Activity: This permit authorizes the construction of a 7,200+/- s.f. single-family residence,
a 4,300+/- s.f. barn, installation of a sanitary septic system, potable water well, and residential driveway
which will result in the direct disturbance of approximately 0.46 acres of DEC regulated 100-ft. wetland
adjacent area off of Haviland Rd., Town of Queensbury.
Permit Authorizations
Freshwater Wetlands - Under Article 24
Permit ID 5-5234-00717/00001 (DEC ID 5-5234-00717)
New Permit Effective Date: 7/29/2022 Expiration Date: 7/29/2027
NYSDEC Approval
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict
compliance with the ECL, all applicable regulations, and all conditions included as part of this
permit.
Permit Administrator:BETH A MAGEE, Deputy Permit Administrator
Address: NYSDEC Region 5 Warrensburg Sub-Office
232 Golf Course Rd
Warrensburg, NY 12885
Authorized Signature: ______________________________________ Date ___/____/____
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-5234-00717
Permit Components
NATURAL RESOURCE PERMIT CONDITIONS
GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following
Permits: FRESHWATER WETLANDS
1. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from
construction of this project shall be completely removed from the adjacent area (upland) and removed to
an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas.
2. Failure to Meet Permit Conditions Failure of the permittee to meet all the conditions of this
permit is a violation of this permit and grounds for an order to immediately cease the permitted activity
at the project site.
3. Time of Year Restriction for Tree Cutting Any tree cutting must occur during the winter
timeframe between November 1 and March 31, in any given year, in order to avoid adverse impacts to
NYS endangered/threatened bat species.
4. Clean Fill Only All fill material utilized for this project shall consist of uncontaminated earthen
materials only. Acceptable fill materials include gravel, rock, overburden, topsoil and similar natural
mineral resources.
5. Invasive Species (Non-native Vegetation) To prevent the unintentional introduction or spread of
invasive species, the permittee must ensure that all construction equipment be cleaned of mud, seeds,
vegetation and other debris before entering any approved construction areas within the state regulated
freshwater wetland or its 100 foot adjacent area.
6. Conformance With Plans All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or applicant's agent as part of the permit application.
Such approved plans were prepared by Environmental Design Partnership, LLP..
7. Complete Erosion Controls Before End of Season All erosion control measures intended to
stabilize the work site shall be completed by October 1st of any calendar year. If work authorized by
this permit cannot be completed by October 1st, interim stabilization measures consisting of erosion
control matting or mulching shall be installed by October 1st and maintained in an effective condition
until such time as authorized work resumes in the spring (an extension of this permit may be required to
resume work in the spring). These actions are necessary to minimize the impact of the authorized work
on the wetland resources by securing the site before normal adverse weather conditions occur.
8. Vegetate All Disturbed Areas The permittee shall revegetate all exposed faces and disturbed areas
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to prevent soil erosion prior to the project completion or expiration date of this permit, whichever comes
first.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-5234-00717
9. Install Erosion Controls Prior to Work No site preparation work shall be undertaken until all
required erosion control measures have been installed.
10. Maintain Erosion Controls These erosion control devices shall be maintained until all disturbed
land is fully vegetated to prevent any silt or sediment from entering the freshwater wetland or its
adjacent area. Silt fencing, hay bales and any accumulated silt or sediment shall be completely removed
for disposal at an appropriate upland site.
11. Notice of Intent to Commence Work The permittee shall submit a Notice of Intent to Commence
Work to 48 at least Bureau of Ecosystem Health hours in advance of the time of commencement and
shall also notify them promptly in writing of the completion of work.
12. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous
location on the worksite and adequately protected from the weather.
13. Precautions Against Contamination of Waters All necessary precautions shall be taken to
preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents,
lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials
associated with the project.
14. Siltation Prevention Measures Siltation prevention measures, such as silt fencing, sediment traps
or settling basins, shall be installed and maintained during the project, to prevent movement of silt and
turbid waters from the project site into any watercourse, stream, water body or wetland.
15. Clearing of Vegetation Clearing of natural vegetation shall be limited to that material which poses
a hazard or a hindrance to the construction activity.
16. Install and Maintain Erosion Controls Staked hay or straw bales or other DEC-approved erosion
control measures are to be installed on the downslope edge of any disturbed areas. This barrier to
sediments is to be put in place before any disturbance of the ground occurs and is to be maintained in a
functional condition until all disturbed land is heavily vegetated.
17. Seed, Mulch Disturbed Areas All areas of soil disturbance resulting from this project shall be
seeded with an appropriate perennial grass, and mulched with straw immediately upon completion of the
project, within two days of final grading, or by the expiration of the permit, whichever is first.
18. Temporary Mulch, Final Seeding If seeding is impracticable due to the time of year, a temporary
mulch shall be applied and final seeding shall be performed at the earliest opportunity when weather
conditions favor germination and growth but not more than six months after project completion.
19. Clean Fill Only All fill shall consist of clean soil, sand and/or gravel that is free of the following
substances: asphalt, slag, flyash, broken concrete, demolition debris, garbage, household refuse, tires,
woody materials including tree or landscape debris, and metal objects. The introduction of materials
toxic to aquatic life is expressly prohibited.
20. State May Require Site Restoration If upon the expiration or revocation of this permit, the
project hereby authorized has not been completed, the applicant shall, without expense to the State, and
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to such extent and in such time and manner as the Department of Environmental Conservation may
lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its
former condition. No claim shall be made against the State of New York on account of any such
removal or alteration.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-5234-00717
21. State May Order Removal or Alteration of Work If future operations by the State of New York
require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the
Department of Environmental Conservation it shall cause unreasonable obstruction to the free
navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the
State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the
Department to remove or alter the structural work, obstructions, or hazards caused thereby without
expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill,
excavation, or other modification of the watercourse hereby authorized shall not be completed, the
owners, shall, without expense to the State, and to such extent and in such time and manner as the
Department of Environmental Conservation may require, remove all or any portion of the uncompleted
structure or fill and restore to its former condition the navigable and flood capacity of the watercourse.
No claim shall be made against the State of New York on account of any such removal or alteration.
22. State Not Liable for Damage The State of New York shall in no case be liable for any damage or
injury to the structure or work herein authorized which may be caused by or result from future
operations undertaken by the State for the conservation or improvement of navigation, or for other
purposes, and no claim or right to compensation shall accrue from any such damage.
GENERAL CONDITIONS - Apply to ALL Authorized Permits:
1. Facility Inspection by The Department The permitted site or facility, including relevant records,
is subject to inspection at reasonable hours and intervals by an authorized representative of the
Department of Environmental Conservation (the Department) to determine whether the permittee is
complying with this permit and the ECL. Such representative may order the work suspended pursuant
to ECL 71- 0301 and SAPA 401(3).
The permittee shall provide a person to accompany the Department's representative during an inspection
to the permit area when requested by the Department.
A copy of this permit, including all referenced maps, drawings and special conditions, must be available
for inspection by the Department at all times at the project site or facility. Failure to produce a copy of
the permit upon request by a Department representative is a violation of this permit.
2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly
provided for by the Department, issuance of this permit does not modify, supersede or rescind any order
or determination previously issued by the Department or any of the terms, conditions or requirements
contained in such order or determination.
3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a
separate written application to the Department for permit renewal, modification or transfer of this
permit. Such application must include any forms or supplemental information the Department requires.
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Any renewal, modification or transfer granted by the Department must be in writing. Submission of
applications for permit renewal, modification or transfer are to be submitted to:
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-5234-00717
Regional Permit Administrator
NYSDEC Region 5 Warrensburg Sub-Office
232 Golf Course Rd
Warrensburg, NY12885
4. Submission of Renewal Application The permittee must submit a renewal application at least 30
days before permit expiration for the following permit authorizations: Freshwater Wetlands.
5. Permit Modifications, Suspensions and Revocations by the Department The Department
reserves the right to exercise all available authority to modify, suspend or revoke this permit. The
grounds for modification, suspension or revocation include:
a. materially false or inaccurate statements in the permit application or supporting papers;
b. failure by the permittee to comply with any terms or conditions of the permit;
c. exceeding the scope of the project as described in the permit application;
d. newly discovered material information or a material change in environmental conditions,
relevant technology or applicable law or regulations since the issuance of the existing permit;
e. noncompliance with previously issued permit conditions, orders of the commissioner, any
provisions of the Environmental Conservation Law or regulations of the Department related to
the permitted activity.
6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or
another permit condition. Applications for permit transfer should be submitted prior to actual transfer of
ownership.
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the
Department of Environmental Conservation of the State of New York, its representatives, employees,
and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the
permittee's acts or omissions in connection with the permittee’s undertaking of activities in connection
with, or operation and maintenance of, the facility or facilities authorized by the permit whether in
compliance or not in compliance with the terms and conditions of the permit. This indemnification does
not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or
intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under
Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision
under federal or state laws.
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Item B: Permittee's Contractors to Comply with Permit
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-5234-00717
The permittee is responsible for informing its independent contractors, employees, agents and assigns of
their responsibility to comply with this permit, including all special conditions while acting as the
permittee's agent with respect to the permitted activities, and such persons shall be subject to the same
sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-
way that may be required to carry out the activities that are authorized by this permit.
Item D: No Right to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the
riparian rights of others in order to perform the permitted work nor does it authorize the impairment of
any rights, title, or interest in real or personal property held or vested in a person not a party to the
permit.
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