HomeMy WebLinkAbout20260435 56 Duplainville Rd Regeneron Site Plan NYSDEC Permit 08.24.2026KATHY HOCHUL
Governor
AMANDA LEFTON
Commissioner
Sent Via Email Only
August 19, 2026
Benjamin Binga
Regeneron Pharmaceuticals Inc.
1 Global View
Troy, NY 12180
Benjamin.binga@regeneron.com
Re: Basic Freshwater Wetlands General Permit No. GP-0-25-003
DEC Permit # 5-4115-00283/00001 (FW, SD, WQC)
Regeneron Water Main
Saratoga Springs (C), Saratoga County
Dear Permittee:
Enclosed is the New York State Department of Environmental Conservation (DEC)
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 DEC
staff. This permit does not eliminate the need to obtain approvals required from other
agencies, including the U.S. Army Corps of Engineers (USACE).
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.
DEC staff also reviewed the Section 401 Water Quality Certification (WQC) request
submitted as part of this permit application. Based on the information provided, the
project will likely be authorized under USACE Section 404 of the Clean Water Act
(CWA) pursuant to Nationwide Permit (NWP) # 58 for Utility Line Activities and meets
the conditions of the DEC Blanket WQC. No further authorization under Section 401 of
the CWA is required from DEC, provided that the USACE concurs with your request for
Section 404 Nationwide Permit coverage.
Division of Environmental Permits, Region 5
232 Golf Course Road
Warrensburg, NY 12885 | dec.ny.gov | dep.r5@dec.ny.gov | 518-623-1200
Benjamin Binga
Regeneron Pharmaceuticals Inc.
DEC Permit # 5-4115-00283/00001
Page 2
If the USACE subsequently determines that a different NWP or an individual Section
404 permit is required for this project, the DEC Section 401 WQC determination will
not apply and a new determination must be requested.
Sincerely,
Beth A. Magee
Deputy Regional Permit Administrator
Enc: General Permit Authorization
ec: w/enc: Sarah Montero - USACE
ECO Lt. Eric Templeton - DEC
Renee Perrotte – DEC
Kathryn Serra - CT Male Associates
Chris Koenig - CT Male Associates
Benjamin.Binga@regeneron.com
Saratoga Springs
Basic Freshwater Wetlands General Permit, GP-0-25-003
DEC Authorization Determination
.Jl6'i:'K Department of�ATE Environmental-Conservation
PROJECT AUTHORIZATION BY NYSDEC-This Page for NYSDEC Use Only
0The project described in the Application for General Permit Coverage requires Notice of Intent (NOi) submission and is AUTHORIZED for coverage under General Permit GP-0-25-003 Freshwater Wetlands.
This authorization is for Authorized Activity Number(s):
0The project described in the Application for General Permit Coverage requires NOi submission and is NOT AUTHORIZED for coverage under General Permit GP-0-25-003 Freshwater Wetlands. Additional explanation:
0The project described in the Application for General Permit Coverage requires a countersignature and is AUTHORIZED by the DEC countersignature below for coverage under General Permit GP-0-25-003 Freshwater Wetlands.
This authorization is for Authorized Activity Number(s):
Additional explanation:
□The project described in the Application for General Permit Coverage requires a countersignature and isNOT AUTHORIZED for coverage under General Permit GP-0-25-003 Freshwater Wetlands.Additional explanation:
NYSDEC Signature Authorized Signature: Date: Printed Name: DEC ID: Title: Region:
IF Permit Coverage is Authorized:
Time of Year Restrictions: Tree Removal Prohibited Between □March 1-November 30 □April 1-0ctober 31 D Other:
Time of Year Restrictions: Hudson River In-water Work Prohibited Between □November 1-August 31 □Other:
Authorization Type(s) 06 NYCRR 608; Article 15, Protection of Waters 06 NYCRR 663; Article 24, Freshwater Wetlands □Stream Disturbance D Excavation & Fill
Permit Coverage Effective Permit Coverage Expiration
Date: Date:
Distribution and Attachments Distribution: 0 Regional DEP 0 Regional BEH □USAGE OOther(s): Attachments: D General Permit D Project Location Map D Project Plans D Other(s):
GP-0-25-003 Application Form (12/10/2025) Page 5 of 5
X
3.a.
Beth A. Magee
Deputy Regional Permit Administrator
August 18, 2026
5-4115-00283/00002
5
August 18, 2026 June 12, 2030
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00283
PERMIT
Under the Environmental Conservation Law (ECL)
GENERAL PERMIT GP-0-25-003
Basic Freshwater Wetlands General Permit
Permittee and Facility Information
Permit Issued To: Facility:
SARATOGA COUNTY WATER AUTHORITY Regeneron Water Main Extension
260 BUTLER RD Route 50 to Adams Road
GANSEVOORT, NY 12831 Saratoga Springs, NY
(518) 885-1070
REGENERON PHARMACEUTICALS, INC.
777 OLD SAW MILL RIVER RD
TARRYTOWN, NY 10591-6704
(914) 345-7466
Applicable DEC Region(s): ALL
General Permit Authorized Activity: This permit authorizes the following activities that occur within
State-regulated freshwater wetlands and freshwater wetland adjacent areas (Article 24) and may also
have impacts to protected streams and navigable waters of the State (Article 15, Title 5), in accordance
with the conditions identified in this permit and the DEC approved project-specific plans.
Authorized Activities:
Repair, reconstruction, and/or in-kind replacement of existing functional structures and1.
facilities in a freshwater wetland or freshwater wetland adjacent area, excluding septic systems in
freshwater wetlands. The maintenance of existing drainage ditches adjacent to public roads and
highways may be covered under this authorized activity, but all other activities involving drainage
ditches are excluded from coverage.
Repair, reconstruction, and/or replacement of septic systems in wetland adjacent areas. Repair,2.
reconstruction, or replacement may not change design capacity but does allow for upgrades to an
existing system to meet design standards.
Construction and/or modification of the following residential, commercial, industrial, or public3.
structures that results in permanent and/or temporary disturbance totaling no more than 1/10-acre to
freshwater wetlands and totaling no more than 1/10-acre to freshwater wetland adjacent areas:
a. Utility lines from an existing distribution line to a structure including the following types of
utilities:
i. Electric and gas utility lines less than one mile in length;
ii. Sewer and water lines; and
iii. Telecommunication lines (e.g., internet, telephone, etc.);
b. Dry hydrants for fire protection; and
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c. Elevated walkways or unenclosed platforms built on open-work supports (no-fill supports).
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00283
Construction and/or modification of the following residential, commercial, industrial, or public4.
structures that results in permanent and/or temporary disturbance totaling no more than 1/10-acre to
freshwater wetland adjacent areas:
a. Parking areas, driveways, and pools;
b. Home additions or accessory structures;
c. Water wells limited to serve an individual residence but not municipal or commercial wells;
d. Fencing installed at least 5 feet from the wetland boundary; and
e. Infrastructure (including permanent access driveways) associated with single-family renewable
energy projects including solar photovoltaics, solar water heating, geothermal systems, and
battery energy storage systems.
Temporary access roads and/or laydown areas in the wetland adjacent area that result in no5.
more than 1/4-acre of temporary disturbance and where no woody vegetation above 3 inches
diameter at breast height is cleared.
Selective cutting and hazard tree removal of any species and/or removal of dead ash trees not6.
including clear cutting.
Cutting of trees or other vegetation in the wetland adjacent area necessary to complete any other7.
authorized activity in this permit within the disturbance thresholds identified, except where
prohibited in Authorized Activity 5 and Authorized Activity 6.
Drilling test wells for sampling including geotechnical borings, piezometer installation, and other8.
temporary water measurement devices using mechanized equipment. Test wells for mineral
exploration or the testing of water supply wells are not covered under this General Permit.
Routine beach replenishment, regrading, and/or cleaning that does not expand the existing9.
footprint of the beach.
Removal of debris and existing structures in a freshwater wetland or freshwater wetland adjacent10.
area for the purpose of debris removal or where necessary to complete any other Authorized Activity
in this General Permit.
EXCLUDED JURISDICTIONS
This General Permit is not applicable:
Within Sovereign Indian Nation territories in New York State;·
Within areas under the jurisdictional authority of the Adirondack Park Agency;·
Within areas designated as a Coastal Erosion Hazard Area;·
For proposed activities that require a permit under 6 NYCRR Part 182; and·
For sites undergoing remediation under 6 NYCRR Part 375 or sites adjacent to solid waste facilities.·
NOTE: Activities not identified above are not subject to or authorized by this General Permit and may
require the issuance of an individual permit pursuant to appropriate regulatory jurisdictions. DEC retains
the right to exclude a proposed activity from authorization under this General Permit, and to require the
permittee to obtain an individual permit.
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Facility Location: in SARATOGA SPRINGS in SARATOGA COUNTY
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00283
Facility Principal Reference Point: NYTM-E: 596.4320928157121 NYTM-N:
4768.109453491171
Specific Activities Authorized for this Permit: Installation of a 20 inch HDPE underground water
main within the Geyser Road and NYS Route 50 right-of-way using directional drilling and open trench
methods to extend water service to the Regeneron facility from the existing Saratoga County Water
Authority water main.
Permit Authorizations
Stream Disturbance - Under Article 15, Title 5
Permit ID 5-4115-00283/00001
New Permit Effective Date: 8/18/2026 Expiration Date: 6/12/2030
Freshwater Wetlands - Under Article 24
Permit ID 5-4115-00283/00002
New Permit Effective Date: 8/18/2026 Expiration Date: 6/12/2030
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:SCOTT E SHEELEY , Chief Permit Administrator
Address:NYSDEC Headquarters
625 Broadway
Albany, NY 12233
Date: 06/13/2025
This permit is not effective without the signature below:
Validation under this General Permit
Authorized By: BETH A MAGEE , Deputy Regional Permit Administrator
Address:NYSDEC Region 5 Warrensburg Sub-Office
232 Golf Course Rd
Warrensburg, NY 12885
Authorized Signature: ______________________________________ Date ___/____/____
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8 19 26
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00283
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: STREAM DISTURBANCE; FRESHWATER WETLANDS
1. 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.
2. 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.
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. Request for Authorization Prior to the use of this General Permit for a project, the Applicant must
submit a completed Application for General Permit Coverage Form and other supporting materials to the
Regional Permit Administrator at the appropriate DEC Regional Office
(https://dec.ny.gov/about/contact-us/permit-administrators). Upon review of the project, the Regional
Permit Administrator will determine if the project can be authorized under this General Permit and the
appropriate approval process in accordance with Condition 2.
To qualify for this General Permit, the project must first avoid and then minimize any potential
avoidable impacts in accordance with regulations, 6 NYCRR Part 663 and 6 NYCRR Part 608.
Page 4 of 11
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00283
DEC retains the right to exclude a proposed activity from authorization under this General Permit and to
require the Applicant to obtain an individual permit.
5. Project Approval Process Project authorization is granted either by filing a Notice of Intent (NOI)
and waiting the 10-business day period, or by receiving DEC's countersignature validating coverage
under this General Permit, as described below and in Attachment A. No work may commence until the
project has valid coverage under this General Permit.
a. Approval by Notice of Intent: Where activities are identified for coverage by NOI in the
attached table (Attachment A), applicants may obtain coverage by filing the NOI and waiting the
required 10-business days, subject to the following:
i. Approval is deemed granted and work may begin if no response from DEC is provided, or
DEC affirms coverage within the 10-business day period; and
ii. Approval is not granted and work may not begin where DEC notifies an applicant within 10-
business days that the project does not qualify for coverage under the General Permit or that
additional information is needed.
b. Approval by DEC Countersignature: Where activities are identified for coverage by
countersignature in the attached table (Attachment A), coverage under the General Permit is not
granted and no work shall commence until the applicant receives the countersigned General
Permit.
c. When an applicant requests to undertake multiple authorized activities in a single project, if any
of the authorized activities require countersignature approval to proceed, the entire project review
and approval process requires countersignature approval.
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 C.T. Male Associates and received by the DEC on 7/10/26.
7. Prior Approval of Changes If the permittee desires to make any changes in construction
techniques, species to be planted, the site plan, any mitigation plan, scheduling or staging of
construction, or any other aspect of this project, the permittee shall submit a written request to the
Regional Permit Administrator at the appropriate DEC Regional Office to make such proposed changes
and shall not make such changes unless authorized in writing by the Department.
8. Submittal of Post-Construction Photographs The Permittee shall notify DEC at the appropriate
DEC Regional Office of project work completion prior to the expiration of this permit or within 30 days
of authorized work completion, whichever is earlier. Notification must be submitted to the regional
Bureau of Ecosystem Health (https://dec.ny.gov/about/contact-us/statewide-office-information) by mail
or email and must reference the DEC ID number, provide the work completion date, and include color
photographs showing the completed work taken from at least two different angles.
9. Minimize Adverse Impacts to Wetlands, Wildlife, and Water All work must be performed in a
manner that minimizes adverse impacts to wetlands, wildlife, water quality, and natural resources.
10. Tree Removal Restrictions Tree removal is prohibited between March 1 and November 30 in
Nassau and Suffolk Counties and between April 1 and October 31 in the rest of New York State to
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protect threatened and endangered bat species, unless otherwise authorized by the Regional Permit
Administrator or their designee.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00283
11. Work Within Area Depicted on Plans All construction activity, including work necessary for
temporary access, operation of machinery, excavation, filling, grading, clearing of vegetation, paving
and stockpiling of material must take place within the project site, as depicted on the project plans
referenced by this permit. Construction activity is prohibited within areas to be left in a natural condition
or areas not depicted on the project plans.
12. Invasive Species Best Management Practices To prevent the unintentional introduction or spread
of invasive species, as defined by the Prohibited and Regulated Invasive Species regulations (6 NYCRR
Part 575), all construction equipment (e.g. vehicles, trailers, machinery, matting, tools, watercraft, etc.)
and personal gear (e.g. clothing and footwear) shall be thoroughly cleaned of mud, seeds, vegetation,
roots, rhizomes, egg masses, and other debris before entering and exiting any approved construction and
disturbance areas. All invasive species plant parts and propagules that are removed from equipment must
be destroyed or contained to prevent spreading to other locations. To the maximum extent practicable,
staging areas will be established in an area free of invasive species.
13. Erosion & Sediment Controls Silt fencing or other methods to control erosion and sediment, as
shown on approved plan drawings, shall be properly installed according to the current NYS Standards
and Specifications for Erosion and Sediment Control (i.e., on the downslope edge of any disturbed
areas). These erosion/sediment controls must be put in place before any ground disturbance occurs, must
be maintained "in place" in good working order throughout project construction, and are to be removed
once all disturbed land is suitably stabilized.
Synthetic erosion control matting, blankets, and netting for temporary erosion and sediment control is
prohibited, to minimize pollution and limit wildlife entanglements. Prohibited netting materials include
polypropylene, nylon, polyethylene, polyester, or other synthetic fibers.
14. Storage of Construction Equipment and Materials Storage of construction equipment and
unused materials shall be confined to an approved upland area at least 100 feet landward of any
waterbody or wetland during construction, or the furthest distance from the waterbody or wetland
boundary as practicable.
15. 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.
16. Control of Concrete, Leachate and Washings No concrete leachate, or washings from Redi-Mix
trucks, mixers or other devices shall be allowed to enter any wetlands or otherwise be discharged within
100 feet as practicable but no less than 50 feet of any waterbody or wetland boundary.
17. Directional Drilling Where utility lines or other structures are installed using directional drilling,
the following requirements apply:
a. Boring entry and exit pits, and staging areas, are authorized in wetland adjacent areas but shall not
be placed within wetland boundaries. Boring entry and exit pits shall not exceed 1/10-acre of
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temporary disturbance per boring location.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00283
b. If directional drilling is to be conducted, the following additional information must be provided:
i. A detailed description of directional drilling procedures.
ii. A design plan listing components of the drilling fluids.
iii. An Inadvertent Return Plan (Frac-Out Plan) that at minimum includes a description of work,
site supervisor/foreman responsibilities, equipment to be used including a vac-truck, employer
training, drilling and bore abandonment procedures, frac-out response and close-out
procedures, means of notification, documentation and communication with DEC, and methods
for cleanup and restoration.
iv. A detailed plan for drilling fluid containment, management, and disposal.
v. Profile view of the drilling path showing the depth of installation below the wetland or
waterbody.
c. Materials used to respond to an inadvertent return, as identified in the Inadvertent Return Plan,
must be on site and available to respond within thirty (30) minutes of an inadvertent return being
identified.
18. Trenching Where utility lines or other structures are installed using trenching the following
requirements apply:
a. Approved erosion control structures shall be installed prior to construction and shall remain in
place while working within 100-feet of the wetland.
b. To the maximum extent practicable, trenching work shall not be performed 24 hours before and
after a major a rain event (>0.5 inches of rainfall within a twenty-four hour period).
c. Trenching shall be backfilled immediately after installation of the line. The trench shall not
remain open overnight.
d. The work area is to be swept at the close of each working day. Catch basin inlets are to be
covered with filter cloth while working.
19. Clean Fill Only All fill material used shall consist of uncontaminated earthen materials that are
free of invasive species. Acceptable fill materials include gravel, rock, overburden, topsoil, and similar
natural mineral resources.
20. Stabilize Disturbed Areas All areas where soil disturbance activities temporarily cease for a
period of fourteen calendar days or more, shall be seeded with an appropriate seed mix and covered with
straw or other weed-free mulch within fourteen days from the date the soil disturbance activity ceased.
Following final grading or prior to permit expiration if a project is incomplete, whichever comes first, all
areas of soil disturbance resulting from this project shall be shaped and graded, seeded with an
appropriate seed mix, and covered with straw or other weed-free mulch within one week.
The mulching material shall be maintained until vegetative cover is established. Seed mixes chosen for
stabilization of disturbed soil shall not include any invasive or non-native plant species.
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21. Stabilization and Storage of Excavated Soil Any excavated soil that is temporarily stored shall be
placed outside the wetland and wetland adjacent area or at the furthest distance as practicable with
erosion and sediment controls installed to contain this area. The excavated soil shall be suitably retained
and covered according to the current NYS Standards and Specifications for Erosion and Sediment
Control (Blue Book) so that there is no turbid runoff discharged either directly or indirectly into any
wetland or waterbody. This does not apply to soil sidecasting as a part of utility trenching activities
which may be located next to the trench and backfilled after line installation.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00283
22. Native Plantings Only Where plantings or seed mixes are used in conjunction with activities
undertaken authorized within freshwater wetlands or wetland adjacent areas under this general permit,
only native species shall be used.
23. Materials Disposal Excess materials from the authorized activity shall be managed in accordance
with the following:
a. Construction and demolition debris shall be removed from the project site and disposed of in
accordance with state and local regulations.
b. Excess construction materials shall be removed from the regulated area by project completion.
c. Any excavated material containing invasive species must be disposed of at a regulated landfill or
treated by a process that destroys all propagules (seeds, roots, rhizomes) in the excavated
material.
d. Upon project completion, excess excavated materials not containing invasive species shall be
disposed of at an approved, non-wetland site as shown on the project plans, or more than 100 feet
from any waterbody or wetland and outside any 100-year floodplain. These materials shall be
suitably stabilized so they do not inadvertently enter any waterbody, 100-year floodplain,
wetland, or 100-foot wetland adjacent area.
e. Where any materials under b., c., or d. remain on site, plans must show the final disposal area of
the materials.
24. Fencing Any type of fencing is allowed in areas of established lawn or maintained residential areas,
but areas that are not maintained must use open fencing (open rail, open wire). Fencing in the freshwater
wetland is not authorized under this permit.
25. Temporary Access Roads and Laydown Areas Materials used to construct temporary access
roads and laydown areas must be removed 12 months after project commencement or within 2 weeks of
project completion, whichever comes first. Temporary access roads and laydown areas must be restored
to their original grade and condition, and restored according to Condition 18 Stabilize Disturbed Areas.
26. Vegetation Removal Cut trees and brush can be left in place, removed from the site, or placed in
an upland location, but shall not be buried within the regulated area.
27. Clean Sand Only Sand used for beach replenishment, regrading, and cleaning shall consist of
uncontaminated earthen materials only.
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00283
28. General Permit Expiration For projects that require work beyond the duration of this General
Permit, applicants shall request authorization under an individual permit or seek coverage under a
subsequent reissuance of this General Permit. Applicants must request such coverage at least 60 calendar
days prior to expiration. This special condition supersedes any general condition in this permit related to
permit renewal or reissuance.
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: Freshwater Wetlands, Stream
Disturbance.
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:
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a. materially false or inaccurate statements in the permit application or supporting papers;
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00283
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.
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 11
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-4115-00283
Page 11 of 11