HomeMy WebLinkAbout20190862 Habitat for Humanity Residence DEC Permit NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Environmental PermitsRegion 5
232 Golf Course Road,Warrensburg,NY 12885
P:(518)623-1282/p(518)623-3603
vwvw.uec.n»gov
September 12, 2019
Ms. Mary Plubell
1409 Northwest Amesbury Road
Blue Springs, MO 64015
Mr. Adam Feldman
Habitat for Humanity — NSWVVC)o
1373 Route 9
Fort Edvvmnd, NY 12828
Re: DEC Permit # 5-4115-00251/00001 (FW, WQ)
P1ubell Property — Residential Construction
Saratoga Springs (C). Saratoga (Co.)
Dear Ms. P|ube|| and Mr. Feldman:
Enclosed is the New York State Department of Environmental Conservation ("Department")
Freshwater Wetlands general permit authorization for the above referenced project, issued in
accordance with the applicable provisions of the Environmental Conservation Law ("ECL"). 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 cond|tiono,
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. lf 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 agenciea,
including the U.S. Army Corps of Engineers ('USACE"). The USACE contact for your area is
Christine Oe|orier. Ms. Delorier can be reached at (518) 266-6354.
Sincerely,
Beth A. Magee
Deputy Regional Permit Administrator
Enclosures
ec: EC(} Lt. Matthew Clemens
Christine Delorier— USACE
Jed Hayden — NYSDEC
w EW YORK Department of
`L Conservation
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION `''
Facility DEC ID 5-4115-00251
PERMIT
Under the Environmental Conservation Law (ECL)
GENERAL PERMIT GP-5-12-003
Fresh Water Wetlands
Permittee and Facility Information
Permit Issued To: Facility:
Mary Plubell Plubell Property
1409 NW Amesbury Rd 8 Locust Grove Rd
Blue Springs, MO 64015 Saratoga Springs,NY 12866
(816) 228-5522
GLENS FALLS AREA HABITAT FOR
HUMANITY INC
17 COTTAGE HILL RD
QUEENSBURY,NY 12804
(518) 695-5657
Applicable DEC Region(s): 5
General Permit Authorized Activity: Any activity or combination of activities approved by and
specifically described in this permit.
Facility Location: in SARATOGA SPRINGS in SARATOGA COUNTY
Facility Principal Reference Point: NYTM-E: 595.600689657076 NYTM-N: 4771.40787088449
Specific Activities Authorized for this Permit: Construction of a 1-story single family home with a
walkout basement, driveway and septic system on an approved building lot. The septic system is to be
located west of the home and as far from the DEC regulated wetland as possible. All work to be done in
accordance with the plans referenced in, and made a part of,this permit.
Permit Authorizations
Freshwater Wetlands - Under Article 24
Permit ID 5-4115-00251/00001
New Permit Effective Date: 9/12/2019 'Expiration Date: 9/30/2022
Water Quality Certification - Under Section 401 - Clean Water Act
Permit ID 5-4115-00251/00002
New Permit Effective Date: 9/12/2019 Expiration Date: 9/30/2022
Page 1 of 8
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NINNY
Facility DEC ID 5-4115-00251
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.
General Permit Authorized by
Permit Administrator: MARC S MIGLIORE , Regional Permit Administrator
Address: NYSDEC Region 5 Warrensburg Sub-Office
232 Golf Course Rd
Warrensburg,NY 12885
Date: 10/04/2012
This permit is not effective without the signature below:
Validation under this General Permit
Authorized By: BETH A MAGEE , Deputy Permit Administrator
Address: NYSDEC Region 5 Warrensburg Sub-Office
232 Golf Course Rd
Warrensburg, NY 12885
Authorized Signature: 11,_ +��r-- r'- �'Y� t7 -� �.�. Date /2_ I / 9
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 DUALITY CERTIFICATION
1. 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.
Page 2 of 8
Mime
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION `am,-
Facility DEC ID 5-4115-00251
2. 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.
3. 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.
4. Permit Authorization This permit authorizes only those regulated activities/structures identified by
the Description of Authorized Activity on Page 1, and detailed in Natural resources Permit Condition#1.
NYSDEC does not issue after-the-fact or as-built permits. This permit does not authorize activities, or
legitimize the existence of structures, which would have required a permit but for which no permit or
other authorization has been granted by NYSDEC.
5. 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.
6. 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.
7. No Interference With Navigation There shall be no unreasonable interference with navigation by
the work herein authorized.
8. 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.
Page 3 of 8
maga
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00251
PRE-CONSTRUCTION REQUIREMENTS
9. 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; dated September 4,
2019; and received by the DEC on September 10, 2019.
10. Conditions Prevail Over Plans If any condition of this permit conflicts with the approved plans,
the permit condition shall prevail over the plans:
11. 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.
12. 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.
13. 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 him/her promptly in writing of the completion of work.
14. 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.
15. 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.
16. 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.
17. 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
18. 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.
19. Work Within Project Site or Upland Areas. The storage of construction equipment 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.
Page 4 of 8
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Nwor
Facility DEC ID 5-4115-00251
20. 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.
21. Wetland Road Crossing Upon removal of the existing vegetation (cut at surface and small stumps
removed) a layer of filter fabric shall be placed across the wetland (road bed) before any backfilling
occurs to create the road. A culvert or culverts must be installed at Department-specified,locations to
insure hydrologic flow between impacted sections of wetland. The final road surface shall be covered
with a minimum 1 inch depth of crushed stone through the wetland crossing and extending a minimum
of 50 feet beyond the wetland boundaries as delineated by the NYS Department of Conservation.
22. No Rock From Stream or Wetland No rock for use in construction is to come from the stream
bed or Freshwater Wetland.
23. Allowable Fill Material Only clean stone of 1/4 inch or larger (without sand or dirt particles, or
refuse) shall be used for fill in streams with a Class and Standard of C(T) or higher. For all other uses,
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
24. 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.
25. 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
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).
26. 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
27. No Interference With Navigation There shall be no unreasonable interference with navigation by
the work herein authorized.
Page 5 of 8
11111100
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Now
Facility DEC 1D 5-4115-00251
1 WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1
L
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:
2. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies
that the subject project will not contravene effluent limitations or other limitations or standards under
Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the
conditions listed herein are met.
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.
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:
Page 6 of 8
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00251
Regional Permit Administrator
NYSDEC Region 5 Warrensburg Sub-Office
232 Golf Course Rd
Warrensburg, NY 12 8 8 5
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;
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
Page 7 of 8
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION "owor
Facility DEC ID 5-4115-00251
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 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.
Page 8 of 8
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NOTICE OF INTENT TO INITIATE PROJECT CONSTRUCTION
NOTE: This notice must be mailed or faxed to the appropriate Department of Environmental
Conservation Office listed below. Notice must be received by the Department at least 72 hours prior to
initiation of construction activities. .
DEC Permit## 5-4115-00251/00001 (FW, WQ
Permittee Name: Mary Plubell and Glens Falls Area Habitat for Humanity
Site Location: 8 Locust Grove Road, Saratoga Springs, NY 12866
Contact and Telephone Number: Adam Feldman (518) 695-5657
The following information must be completed by the Permittee:
I plan on initiating work on my project on
month/day/year
My contractor is:
Address:
Telephone:
Please mail or FAX this form prior to initiating project to:
X NYS DEC
Bureau of Ecosystem Health
232 Golf Course Road
Warrensburg, NY 12885
(518) 623-1200
Fax (518) 623-3603