2022-10-05 Gross TDE Response Letter900 Route 146 Clifton Park, NY 12065
(P) 518.371.7621 edpllp.com
Date: October 4, 2022
To: Mr. Craig Brown
Zoning Administrator and Code Compliance Officer
Town of Queensbury
742 Bay Road
Queensbury, NY 12804
Re: 27 Silver Circle – JP Gross Properties
Town of Lake Queensbury, Warren County, New York
LaBella Project # 2220706.40
Queensbury: SP62-2022
Dear Mr. Brown:
The Environmental Design Partnership, LLP (EDP) is providing you this letter in response to review
comments provided by the LaBella dated July 12, 2022. On behalf of the applicant Joe Gross, we offer the
following response to comments and additional information:
1. According to the site plan review application, the proposed site improvements will disturb greater than 1
acre and therefore this project appears to require the preparation of a SWPPP in accordance with the
NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-20-001)
that includes erosion and sediment controls as well as post construction stormwater management
practices.
The Applicant has submitted a SWPPP modification form for the proposed project. The noted reasons
for the changes, in part, states “The original SWPPP was designed for the existing project site not
including this added land and impervious area.” It does not appear that the original SWPPP was
provided but based on the Applicant’s reasons for changes we assume that this subject parcel was not
included in the original SWPPP.
Based on this assumption, it is our opinion that GP 0-10-001 nor the NYS DEC FAQs support a
SWPPP modification for new post-construction stormwater controls on a new parcel not included in the
original SWPPP.
Part II.C.5 of the General Permit GP-0-10-001 states, in part, “Unless otherwise notified by the MS4,
the owner or operator shall have the SWPPP amendments or modifications reviewed and accepted by
the MS4 prior to commencing construction of the post-construction stormwater management practice.”
Our office understands this to mean modifications to the original SWPPP project site and original post-
construction stormwater controls.
Since this subject project appears to be a new separate parcel from the original SWPPP, it appears this
project requires new coverage under GP-0-20-001.
Comments related to the proposed stormwater management and erosion and sediment control features
proposed for the site are offered below:
Response: Comment Noted.
2. Section 179-6-080 of the Town Code, states that stormwater drainage plans shall analyze the impacts
of a project using at least a 50-year return storm with regards to both runoff rate and volume for
commercial projects. The Applicant has provided a 50-year storm analysis for review.
Response: Comment noted.
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900 Route 146 Clifton Park, NY 12065
(P) 518.371.7621 edpllp.com
Mr. Craig Brown
October 4, 2022
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3. It is difficult to discern the boundaries between woods, grass, gravel, and dirt roads in the pre-
development and post-development subcatchment maps. The Applicant to revise for clarity in support
of the HydroCAD model.
Response: Comment noted, pre and post development subcatchment mapping have been
updated for clarity on boundaries between woods, grass, gravel and dirt roads.
4. It appears the erosion and sediment control plan is incorporated into the overall site plan. It does not
appear that the ESC plan is complete as no temporary ESC controls are depicted to protect the
infiltration areas. Section 6.3.6 of the NYS SMDM states “Infiltration practices shall never serve as a
sediment control device during site construction phase. In addition, the Erosion and Sediment Control
plan for the site shall clearly indicate how sediment will be prevented from entering an infiltration
facility.” The Applicant shall revise the plans to clearly indicate how sediment will be prevented from
entering the infiltration facilities during the site construction phase.
Response: During the site construction phase, sediment will be prevented from entering the
infiltration basin with the use of a temporary sediment trap, refer to site plans for location and
detail.
5. Section 6.3.1 of the SMDM states “infiltration facilities shall be located at least 100 feet horizontally
from any water supply well” and “infiltration practices cannot be placed in locations that cause water
problems to downgradient properties. Infiltration trenches and basins shall be setback 25 feet
downgradient from structures and septic systems.” The Applicant shall revise the plans to depict the
existing locations of any neighboring water wells and septic systems within reason (as applicable).
Response: Refer to Sheet 3 of the EDP Site Plans for locations of existing neighboring wells
and wastewater absorption fields. There are no wells or absorption fields within 100 feet of the
infiltration basin.
6. It appears that there are inconsistencies between the site plans and the HydroCAD model. For
instance, it appears the bottom of the infiltration practice has an elevation of 377’ and the HydroCAD
model appears to depict the bottom of the practice to have an elevation of 376’. Further, the site plans
depict the broad-crested rectangular weir to have a width of approximately 18.5’, while the HydroCAD
model depicts the weir to have a width of 10’. Furthermore, the overflow spill wall elevation annotation
and the HydroCAD model states an elevation of 379.25’, while the spot grades depict an elevation of
380.25. The Applicant to revise accordingly.
Response: The HydroCAD model and site plans have been updated for consistency.
7. There does not appear to be soil test pits nor infiltration test results provided for the proposed
infiltration devices. The Applicant to perform soil test pits and infiltration testing within the bounds of
the infiltration practice and provide the results in subsequent submissions. The Applicant shall ensure
that soil testing for the proposed infiltration practices meets the requirements specified in Appendix D
of the 2015 NYS Stormwater Management Design Manual (SMDM).
Response: Soil test pits and infiltration test have been completed, refer to Sheet 3 for results.
8. Section 6.3.3 of the NYS SMDM states that “a minimum pretreatment volume of 25% of the WQv
must be provided prior to entry to an infiltration facility” and “if the soil infiltration rate for the underlying
soils is greater than 5.00 inches per hour, 100% of the WQv shall be pretreated prior to entry into an
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900 Route 146 Clifton Park, NY 12065
(P) 518.371.7621 edpllp.com
Mr. Craig Brown
October 4, 2022
Page 3
infiltration facility.” It is difficult to discern the pretreatment practices for the infiltration basin. The
Applicant to revise accordingly.
Response: Pretreatment practice for the infiltration basin is to consist of a 15 foot minimum
grass filter strip prior to entering the infiltration facility.
9. Part I.F.4 of the General Permit requires documentation in regard to endangered and threatened
species. The Applicant to provide the required documentation in subsequent submissions.
Response: A request has been submitted to New York Natural Heritage; additional
documentation will be provided once it is received.
10. Part I.F.8 of the General Permit requires documentation in regard to archeological resources. The
Applicant to provide the required documentation in subsequent submissions.
Response: A request for more information has been submitted to NYS Office of Parks,
Recreation and Historic Preservation; additional documentation will be provided once it is
submitted.
11. In accordance with town code section 147-10.D, the Applicant may be required to execute a
stormwater maintenance agreement with the Town. The Applicant to coordinate with town as the
project progresses.
Response: A draft stormwater maintenance agreement has been attached to the Stormwater
Management Narrative.
Enclosed are the revised plans and stormwater narrative. If you have questions or require additional
information, please contact our office at your convenience.
Very truly yours,
Nicholas Zeglen, P.E.
Environmental Design Partnership, LLP