HomeMy WebLinkAbout20190467 Station Lane Apts DEC letter and permit 6-11-19 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Environmental Permits,Region 5
232 Golf Course Road,Warrensburg,NY 12885
P:(518)623-1282 1 F:(518)623-3603
www.dec.ny.gov
June 11, 2019
Mr. Richard Askew
38 Schermerhorn Drive
Lake George, NY 12845
Re: PERMIT MODIFICATION # 1
DEC Permit# 5-4115-00237/00001 (FW, WQ)
Askew Station Lane West
Saratoga Springs (C), Saratoga (Co.)
Dear Mr. Askew:
Enclosed is the modified New York State Department of Environmental Conservation
("Department") issued Freshwater Wetlands permit authorization for the above referenced
project, issued in accordance with the applicable provisions of the Environmental Conservation
Law ("ECL"). The permit has been modified to reflect a smaller area of adjacent area
disturbance as described in the letter submitted to our office on June 6, 2019 by Jackie Pitts of
Gilbert VanGuilder Land Surveyor, PLLC.
This permit is valid only for the activity expressly authorized. Work beyond the scope of the
permit will be considered as work without a permit. Failure to comply with these terms may be
treated as a violation of the ECL. Work done under this permit is subject to inspection by
Department staff.
Please review all conditions of the permit, including the natural resources permit conditions,
which are intended to minimize the environmental disturbance associated with your project. It is
the responsibility of the permittee and their agent to read and comply with all permit conditions
and referenced plans. If you have any questions regarding the terms and conditions of the
permit, please contact Jed Hayden of our Bureau of Ecosystem Health at (518) 623-1241.
This permit does not eliminate the need to obtain approvals required from other agencies,
including the U.S. Army Corps of Engineers ("USAGE"). The USACE contact for your area is
Christine Delorier. Ms. Delorier can be reached at (518) 266-6354.
Sincerely,
F;)_,
Beth A. Magee, CPESC
Deputy Regional Permit Administrator
Enclosures
ec: Christine Delorier— USACE (NAN-2016-01626-UDE)
Jed Hayden — NYSDEC
Honorable Meg Kelly City of Saratoga Springs
Jackie Pitts—Gilbert VanGuilder Land Surveyor, PLLC
/'NEWYORI( Department of
STATE
OPPORTUNITY Environmental
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION �
Facility DEC ID 5-4115-00237
PERMIT
Under the Environmental Conservation Law (ECL)
Permittee and Facility Information
Permit Issued To: Facility:
RICHARD W ASKEW Askew Station Lane West
38 Schermerhom Dr 30 Round Table Rd
Lake George,NY 12845 Saratoga Springs, NY 12866
Facility Location: in SARATOGA SPRINGS in SARATOGA COUNTY
Facility Principal Reference Point: NYTM-E: 595.031356386338 NYTM-N:
4769.17995798975
Latitude: 43°04'09.8" Longitude: 73°49'58.0"
Authorized Activity: Construction of three,three-story apartment buildings with associated parking
lots and stormwater management facilities adjacent to DEC regulated Freshwater Wetland S-47 (class
2). Construction of the proposed buildings and infrastructure will result in the disturbance of+1- 0.09
acres of the regulated wetland adjacent area but no direct impacts to the wetland proper. All work to be
done in accordance with the plans referenced in, and made a part of,this permit. This is a revision of the
previously issued permit to account for a smaller area of disturbance.
Permit Authorizations
Freshwater Wetlands -Under Article 24
Permit ID 5-4115-00237/00001
New Permit Effective Date: 5/25/2017 Expiration Date: 9/30/2020
Modification# 1 Effective Date: 6/11/2019 Expiration Date: 9/30/2020
Water Quality Certification - Under Section 401 - Clean Water Act
Permit ID 5-4115-00237/00003
Modification# 0 Effective Date: 6/11/2019 Expiration Date: 9/30/2020
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: &J.—a, - 1'Y� ��-�.. Date 6/ /( /
Page 1 of 6
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Nur
Facility DEC ID 5-4115-00237
Permit Components
NATURAL RESOURCE PERMIT CONDITIONS
WATER QUALITY CERTIFICATION SPECIFIC CONDITION
GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following
Permits: FRESHWATER WETLANDS; WATER QUALITY CERTIFICATION
1. Creosote, Penta and CCA Treated Wood Prohibited The use of wood treated with creosote,
Pentachlorophenol or CCA (Chromated Copper Arsenate) is prohibited for in-water and above-water
use.
2. Human or Archaeological Remains If any human remains or archaeological remains are
encountered during excavation,the permittee must immediately cease, or cause to cease, all work in the
area of the remains and notify the Regional Permit Administrator or Deputy Regional Permit
Administrators at the appropriate Ray Brook or Warrensburg Offices. Work shall not resume until
written permission to do so has been received from the Department.
3. Permittee Responsible For Other Approvals Granting of this permit does not relieve the applicant
of the responsibility of obtaining permission, consent or approval from the Adirondack Park Agency,
Lake George Park Commission, Hudson River-Black River Regulating District,NYS Canal Corps, U.S.
Army Corps of Engineers, U.S. Coast Guard,New York State Office of General Services, or any other
federal, state or local government.
PRE-CONSTRUCTION REQUIREMENTS
4. 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 Gilbert VanGuilder Land Surveyor, PLLC; dated 10/7/16;
received by the DEC on 2/21/17; with revisions received on 3/17/17 via email from Adam Sheely to
Beth Magee; and 6/6/19 via letter from Jackie Pitts to Beth Magee.
5. Conditions Prevail Over Plans If any condition of this permit conflicts with the approved plans,
the permit condition shall prevail over the plans.
6. Leave Delineation Markers in Place Markers used by this Department to delineate/define the
boundary of the wetland or the extent of the permitted structures shall be left in place and remain
undisturbed for one year following completion of the project.
7. 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.
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Now
Facility DEC ID 5-4115-00237
8. Notice of Intent to Commence Work The permittee shall submit a Notice of Intent to Commence
Work to the Bureau of Ecosystem Health at least 72 hours in advance of the time of commencement and
shall also notify them promptly in writing of the completion of work.
9. 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.
10. Erosion and Siltation Prevention Measures Erosion and siltation prevention measures such as
silt fencing, straw bales or filter fabric curtains (weighted at bottom and suspended on floats), shall be
installed directly downslope or downstream of the work site prior to commencing work and properly
maintained during the project until all disturbed areas are sucessfully stabilized.
11. 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.
12. No Brush or Debris Disposal in Wetland The placement of fill, trees, brush and construction
debris within any portion of the wetland (outside the project area identified in the plans) is strictly
prohibited.
CONSTRUCTION REQUIREMENTS
13. Wetland Work Limited to Area Shown on Work Plan Disturbance to the wetland and its
regulated adjacent area shall be strictly limited to the work area identified in the work plan.
14. Work Within Project Site or Upland Areas The storage of construction p
eq ui ment and materials
shall be confined to within the project work site and/or upland areas greater than 100 linear feet distant
from the wetland boundary.
15. Concrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed to
escape into any wetlands or waters of New York State, nor shall washings from ready-mixed concrete
trucks, mixers, or other devices be allowed to enter any wetland or waters. Only watertight or
waterproof forms shall be used. Wet concrete shall not be poured to displace water within the forms.
16. 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.
POST-CONSTRUCTION REQUIREMENTS
17. Materials Disposed at Upland Site Any demolition debris, excess construction materials, and/or
excess excavated materials shall be immediately and completely disposed of on an approved upland site
more than 100 feet from any regulated freshwater wetland. These materials shall be suitably stabilized
so as not to re-enter any water body, wetland, or wetland adjacent area.
18. Complete Site Stabilization Before End of Season All erosion control measures intended to
stabilize the work site shall be completed by October 1 of any calendar year. If work authorized by this
permit cannot be completed within the date specified above, or if seeding is impracticable due to the
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00237
time of year, interim stabilization measures consisting of erosion control matting or mulching shall be
installed by October 1 and maintained in an effective condition until such time as authorized work
resumes in the spring or final seeding is performed (when weather conditions favor germination and
growth).
19. 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. Mulch
shall be maintained until suitable vegetative cover is established to the department's satisfaction.
GENERAL REQUIREMENTS
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
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.
21. 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.
22. 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.
WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS
1. Water Quality Certification The authorized project, as conditioned pursuant to the Certificate,
complies with Section 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act, as
amended and as implemented by the limitations, standards, and criteria of state statutory and regulatory
requirements set forth in 6 NYCRR Section 608.9(a). The authorized project, as conditioned, will also
comply with applicable New York State water quality standards, including but not limited to effluent
limitations, best usages and thermal discharge criteria, as applicable, as set forth in 6 NYCRR Parts 701,
702, 703; and 704.
Page 4 of 6
r
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ■ismir
Facility DEC ID 5-4115-00237
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 copyof
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.
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:
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, Water
Quality Certification.
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;
Page 5 of 6
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immar
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 'mos
Facility DEC ID 5-4115-00237
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.
Item B: Permittee's Contractors to Comply with Permit
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
ights-ofway 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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