HomeMy WebLinkAbout202401018 NYS Route 29 Prime Station Lane Site Plan DEC PermitNEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00274
PERMIT
Under the Environmental Conservation Law (ECL)
Permittee and Facility Information
Permit Issued To: Facility:
Prime Companies, LLC Station Park Subdivision
621 Columbia St Ext St Rte 29
COHOES, NY 12047 Saratoga Springs, NY 12866
(518) 785-9000
Facility Location: in SARATOGA SPRINGS in SARATOGA COUNTY Village: Saratoga Springs
Facility Principal Reference Point: NYTM-E: 596.945335522114 NYTM-N:
4770.464228884061
Latitude: 43°04'50.5" Longitude: 73°48'32.6"
Project Location: NYS Route 29
Authorized Activity: This Section 401 Water Quality Certification (WQC) authorizes the following
activities, in accordance with the information and plans referenced in Condition Nos. 1 and 2 of this
permit: The approved plans provided by EP Land Services LLC, dated July 2024 and revised on January
17, 2025.
Note: Wherever used in this permit, ECL refers to New York State Environmental Conservation Law
and 6 NYCRR refers to Title 6 of the New York Code, Rules, and Regulations.
Permit Authorizations
Water Quality Certification - Under Section 401 - Clean Water Act
Permit ID 5-4115-00274/00001
New Permit Effective Date: 1/24/2025 Expiration Date: 3/14/2026
Page 1 of 10
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00274
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 Regional Permit Administrator
Address:NYSDEC Region 5 Warrensburg Sub-Office
232 Golf Course Rd
Warrensburg, NY 12885
Authorized Signature: ______________________________________ Date ___/____/____
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: WATER QUALITY CERTIFICATION
1. 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 the permittee or their representative(s) and are identified in
condition no. 2, which includes the relevant water quality standards and explanation for the condition..
Page 2 of 10
1 27 25
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00274
2. Conformance with Plans List 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 include the following:
Document Description and Date
a. ACOE Wetland
Impact and City Buffer
Impact Map
Plan design dated July 2024 and revised January 17, 2025.
b.
c.
Water Quality Requirements: 6 NYCRR 608.9 Discharges prohibited without certification.
Explanation: This condition is necessary to identify what discharges are authorized by the
certification. Any discharge not identified in the referenced plans is prohibited.
3. 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.
4. No Work During High Flow No in-stream work shall occur during periods of high flow, except
for work that occurs in dewatered areas behind temporary diversions, cofferdams or causeways, to
unplug culverts and bridges, or to install temporary culverts or bridges for emergency access.
Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards for turbidity,
suspended solids, and other deleterious substances.
Explanation: This condition is necessary to ensure that erosion and stream bank scouring are
minimized during project construction and that potential for the contravention of water quality
standards is minimized.
5. Water Clarity Stream reaches downstream of construction areas shall always remain as clear (non-
turbid) as the reaches upstream of the construction areas.
Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards related to turbidity,
suspended solids, and other deleterious substances.
Explanation: This condition is necessary to ensure that the project does not violate water quality
standards related to turbdity.
Page 3 of 10
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00274
6. Install and Maintain Erosion Controls Appropriate soil erosion and sediment controls (such as silt
fences, turbidity curtains, straw bales, and other appropriate measures) shall be installed, used, and
maintained in effective operating condition during all work. Controls shall be installed prior to ground
disturbance, inspected periodically to ensure that they are not damaged, repaired promptly when
needed, and remain in place until the site is stabilized by the regrowth of suitable vegetation. Erosion
controls shall be removed after the site is stabilized by the regrowth of suitable vegetation.
Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards for turbidity,
suspended solids, and other deleterious substances.
Explanation: This condition is necessary to ensure that upland erosion is minimized and contained
during project construction, preventing contravention of the water quality standards.
7. Construction Access Construction access shall be by means that avoid aquatic sites, unless
specifically authorized on the approved plans.
Water Quality Standards: 6 NYCRR 608.9 Discharges prohibited without certification.
Explanation: This condition is necessary to ensure that the operation of construction equipment
does not result in long-term or permanent alteration of waters, creating a discharge beyond the scope
of the authorized discharge.
8. 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.
Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards related to turbidity,
suspended solids, garbage, cinders, ashes, oils, sludge, other refuse, toxic substances, and other
deleterious substances.
Explanation: This condition is necessary to ensure that there are no unauthorized materials are
discharged, and that those authorized materials do not contain any other materials that are toxic to
aquatic life and, thereby, contravene water quality standards.
9. Work from Land Whenever feasible, bank grading and in-water removal or installation of material
shall be carried out by land-based equipment rather than from the stream or riverbed or within flowing
water. Generally, work shall proceed from the downstream end to the upstream end of the project reach,
unless specifically authorized on the approved plans.
Water Quality Standards: 6 NYCRR 608.9: Discharges prohibited without certification. 6
NYCRR 703.2: Narrative water quality standards related to turbidy, suspended solids, and other
deleterious substances.
Explanation: This condition is necessary to ensure that the operation of construction equipment
does not result in unauthorized discharges. It is also necessary to ensure that construction of the
project within flowing water is minimized to the exent practicable, avoiding a contravention of water
quality standards.
Page 4 of 10
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00274
10. Equipment Cleaning To prevent turbid discharges and the potential introduction of invasive
species into regulated waters from other areas, all equipment used in any project work area involving
regulated waters will be inspected for, and cleaned of, any visible soils, vegetation, and debris before
being used in regulated waters.
Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards related to turbidity,
suspended solids and other deleterious substances.
Explanation: This condition is necessary to ensure that equipment used will not contribute to a
contravention of water quality standards.
11. Temporary Dewatering Structures Where temporary dewatering is required or specified on
the approved plans, temporary dewatering measures shall comply with the following:
Temporary dewatering structures shall be constructed of clean material such asa.
prefabricated impervious dikes/berms or sandbags. If stone is used, it shall be protected
from erosion by plastic liners or filter fabric.
Waters accumulated in isolated work areas shall be discharged to an upland settling basinb.
or well vegetated area to provide for settling and filtering of solids and sediments. Return
waters shall be as clear as the flowing water upstream of the work area.
Temporary dewatering structures, including any plastic liners or filter fabric, andc.
associated fill shall be completely removed, and the affected waters restored, immediately
following the completion of work.
To the maximum extent practicable, any fish trapped within the work area shall be nettedd.
and placed, alive and unharmed, in the water outside the work area.
Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards for turbidity, flow,
suspended solids, and other deleterious substances. ECL 11-1301(4): Requires fish unintentionally
taken to be returned to water without uneccessary injury.
Explanation: This condition is necessary to ensure that dewatering discharges from the work
area do not result in erosion, fish kills, and contravention of the water quality standards.
Page 5 of 10
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00274
12. Dry Stream Crossing Methods For projects involving culvert, bridge, or utility installations
across streams, dry stream crossing methods (e.g., passive flow bypass, cofferdam, pump around
and/or flume) shall be used within stream channels, as specified on the approved plans, to
separate flowing water from the work area and reduce downstream impacts from turbidity and
sedimentation.
Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards for turbidity, flow,
suspended solids, and other deleterious substances.
Explanation: This condition is necessary to ensure that erosion from scouring within the
work area is minimized during project construction, preventing contravention of the water
quality standards. It also ensures that downstream flow necessary to sustain aquatic life will
be maintained.
13. Concrete leachate During construction no fresh or wet concrete or leachate shall be allowed to
escape into any wetland or water of New York State, nor shall washings from ready-mix concrete
trucks, mixers, or other devices be allowed to enter any waters or wetlands. Wet concrete shall not be
poured to displace water within the forms. Leakage from forms must be prevented from entering any
wetland or water of New York State.
Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards for turbidity,
suspended solids, toxic substances and other deleterious substances.
Explanation: This condition is necessary to ensure that concrete, concrete leachate and other
materials contaminated by concrete, which are toxic to aquatic life, are contained during project
construction, preventing contravention of the water quality standards.
14. Seed and Mulch Streambanks and Work Areas Within one week of final grading, all areas of
soil disturbance from this project shall be seeded with an appropriate perennial grass seed and
mulched with hay or straw, unless hydroseeded.. Mulch shall be maintained until a suitable
vegetative cover is established. 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.
Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards for turbidity,
suspended solids, and other deleterious substances.
Explanation: This condition is necessary to ensure that upland erosion is minimized after
construction is completed, preventing contravention of the water quality standards.
Page 6 of 10
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00274
15. 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.
16. 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.
17. 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.
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 7 of 10
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00274
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:
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: Water Quality Certification.
Page 8 of 10
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00274
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.
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.
Page 9 of 10
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00274
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 10 of 10