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HomeMy WebLinkAbout20260747 11 Eastman Ln Land Disturbance Activity SWPPP11 EASTMAN LANE SUBDIVISION DERBY STALLION LLC CITY OF SARATOGA SPRINGS, NY S W P P P August 2026 NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION STORMWATER POLLUTION PREVENTION PLAN for CONSTRUCTION ACTIVITIES at 11 EASTMAN LANE SARATOGA SPRINGS CITY OF SARATOGA SPRINGS, NY 12866 Prepared for DERBY STALLION PO BOX 139 CLIFTON PARK, NY 12065 Prepared by The Environmental Design Partnership, LLP 900 Route 146 Clifton Park, NY 12065 Telephone: (518) 371-7621 Facsimile: (518) 371-9540 August, 2026 NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION Table of Contents Section 1: Written Stormwater Pollution Prevention Plan I. Scope II. Site Description III. Controls IV. Compliance with Federal, State, and Local Regulations V. Maintenance/Inspection Procedures During Construction VI. Long Term Operation and Maintenance Procedures VII. Spill Prevention Control and Countermeasures (SPCC) Plan VIII. Control of Allowable Non-Stormwater Discharges IX. Certification and Notification Section 2: Site Map and General Location Map Erosion and Sediment Control Plan Section 3: NYS Department of Environmental Conservation Notice of Intent (NOI) - (Pending) NYS Department of Environmental Conservation NOI Acknowledgement Letter – (Pending) Section 4: NYS Department of Environmental Conservation SPDES General Permit - (Pending) *Available upon request* Section 5: NOI Permitee’s Certification (Form 1) Contractor’s/Subcontractor’s Certification Log (Form 2) Contractor’s Certification for each contractor listed on Form 2 (Form 3) Inspection Report (Form 4) Modification Report (Form 5) Record of Stabilization and Construction Activities Report (Form 6) Record of Temporary Erosion and Sediment Control Practices (Form 6A) Project Rainfall Log (Form 7) Final Stabilization/Termination Checklist (Form 8) NYS Fish and Wildlife iPaC Letter - (Pending) NYSDEC Letter of No Jurisdiction Endangered Species Act - (Pending) NYS Office of Parks, Recreation, and Historic Preservation No Impact Letter- (Pending) Section 6: Supplemental Information – Stormwater Management Report - (Pending) Section 7: Completed Inspection Reports SECTION 1 Written Stormwater Pollution Prevention Plan NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 1 11 EASTMAN LANE SUBDIVISION I. SCOPE A. PURPOSE: DERBY STALLION LLC intends to implement the appropriate Stormwater Pollution Prevention Plan measures in accordance with the SPDES general permit governing stormwater discharges during construction, and in accordance with erosion control practices. This section provides a descriptive explanation of the means by which DERBY STALLION LLC will comply with the National Stormwater Pollution Prevention Program. B. NPDES GENERAL PERMITS FOR STORMWATER DISCHARGE FROM CONSTRUCTION SITES: Regulations promulgated by the New York State Department of Environmental Conservation (NYSDEC) regulate the discharge of storm water from construction activities on sites where one (1) or more acres of soil is disturbed. One of the ways to comply with these regulations for affected sites is to request coverage under the General Permit for Construction Activities. (Copy enclosed herewith) In order to be authorized to discharge under the General Permit, a Stormwater Pollution Prevention Plan (SWPPP) for the site must be prepared in accordance with all applicable requirements of this permit and followed during the construction activities. If the construction activity is not subject to the requirements of a regulated, traditional land use control MS4 a Notice of Intent (NOI) form must be completed and received by the New York State Department of Environmental Conservation at least 5-days prior to any earth-disturbing activities. If the construction activity is subject to the requirements of a regulated, traditional land use control MS4, then the owner/operator must have its SWPPP reviewed and accepted by the MS4 prior to submitting the NOI to the Department. The owner/operator shall have the “MS4 SWPPP Acceptance” form signed and then submit that form along with the NOI to the Department. C. RESPONSIBILITIES OF CONTRACTOR REGARDING THE GENERAL PERMIT: The CONTRACTOR shall manage the discharge of stormwater from the site in accordance with the SPDES General Permit for Construction Activities conditions and the following provisions of this section of the specifications. The CONTRACTOR shall be responsible for conducting the stormwater management practices in accordance with the permit. The CONTRACTOR shall be responsible for providing qualified inspectors to conduct the inspections required by the SWPPP. The CONTRACTOR shall be responsible for any enforcement action taken or imposed by federal, state, or local agencies, including the cost of fines, construction delays, and remedial actions resulting from the CONTRACTOR’S failure to comply with the permit provisions. It shall be the responsibility of the CONTRACTOR to make any changes to the SWPPP necessary when the CONTRACTOR or any of his subcontractors elects to use borrow or fill or material storage sites, either contiguous to or remote from the construction site, when such sites are used solely for this construction site. Such sites are considered to be part of the construction site covered by the permit and this SWPPP. Off-site borrow, fill, or material storage sites which are used for multiple construction projects are not subject to this requirement, unless specifically required by state or local jurisdictional entity regulations. The CONTRACTOR should consider this requirement in negotiating with earthwork subcontractors, since the choice of an off-site borrow, fill, or material storage site may impact their duty to implement, make changes to, and perform inspections required by the SWPPP for the site. D. NOTICE OF INTENT: The NOI Permittee petitions the New York State Department of Environmental Conservation for the stormwater discharges during construction at this site to be covered by the SPDES General Permit for Construction Activity for the State of New York. A Notice of Intent (NOI) (using the form required by the NYSDEC) to be covered under this permit is hereby filed. An Erosion and Sediment Control Plan has been prepared and is attached herewith. E. CONTRACTOR RESPONSIBILITIES: The SWPPP and associated Erosion and Sediment Control Plans represent the MINIMUM erosion and sediment control measures that will be required to protect the site during construction. DERBY STALLION LLC and the CONTRACTOR understand that additional erosion and sediment control measures will be necessary during construction. It will be the responsibility of the CONTRACTOR to implement additional erosion and sediment control measures as necessary to protect the site NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 2 during construction. DERBY STALLION LLC and the CONTRACTOR shall designate a Project Manager prior to commencing construction. The Project Manager will ensure that all construction managers and sub- contractors are appropriately assigned and understand the importance of the following topics:  Erosion and Sedimentation Control for Water Quality Protection  Implementation of the Erosion and Sedimentation Control Plan  The Importance to Proper Installation of Erosion and Sedimentation Control Measures  Regular Inspection by qualified personnel of Erosion and Sedimentation Control Measures  Diligent Maintenance of Erosion and Sedimentation Control Measures  Contemporaneous preparation of accurate and complete records regarding inspection and maintenance of Erosion and Sedimentation Control Measures  Record Keeping for Inspections and Maintenance activities F. REQUIREMENTS FOR THE CONTRACTOR AND SUBCONTRACTOR(S): The SWPPP Ledger shall provide a “Contractor’s Certification Log” (Form 2), identifying the Company Name, Business Address and Telephone Number along with the Responsible Person for the CONTRACTOR and all subcontractors’ who will implement the measures identified in the SWPPP. Each of the entities identified on Form 2 shall sign a “Contractor’s Certification” (Form 3), verifying they have been instructed and fully understand the requirements of the New York State Department of Environmental Conservation and SWPPP. This certification must be signed, by a fully qualified individual on behalf of each entity, prior to the beginning of any construction activities and shall be filed in the project’s SWPPP Ledger. Additionally, the “Trained Contractor” must be identified on Form 3 and his/her credentials should be kept on- site in the SWPPP ledger. G. STORMWATER POLLUTION PREVENTION PROGRAM LOCATION REQUIREMENTS: The SWPPP Ledger is meant to be a working document that shall be maintained at the site of the Construction Activities at all times throughout the project, shall be readily available upon request by the NOI Permittee’s personnel or New York State Department of Environmental Conservation or any other agency with regulatory authority over stormwater issues, and shall be kept on-site until the site complies with the Final Stabilization section of this document. Refer to Part VII., F., Duty to Provide Information, of the General Permit for additional public viewing requirements. H. SWPPP LEDGER: The SWPPP Ledger shall be a 3-ring Binder, tabbed and indexed for the following sections: SECTION 1: o Written SWPPP SECTION 2: o Site Map and General Location Map o Erosion and Sediment Control Plan(s) SECTION 3: o New York State Notice of Intent o New York State NOI Acknowledgement Letter o New York State MS4 SWPPP Acceptance Form NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 3 SECTION 4: o New York State SPDES General Permit SECTION 5: o NOI Permittee’s Certification (Form 1) o Contractor’s/Subcontractor’s Certification Log (Form 2) o Contractor’s Certification for each contractor listed on Form 2 (Form 3) o Inspection Report (Form 4) o Modification Report (Form 5) o Record of Stabilization and Construction Activities Report (Form 6) o Record of Temporary Erosion and Sediment Control Practices (Form 6A) o Project Rainfall Log (Form 7) o Final Stabilization/Termination Checklist (Form 8) o NYS Fish and Wildlife iPaC Letter o NYSDEC Letter of No Jurisdiction Endangered Species Act o NYS Office of Parks, Recreation, and Historic Preservation No Impact Letter SECTION 6: o Supplemental Information SECTION 7: o Completed Inspection Forms The Project Manager must review and evaluate for compliance the SWPPP Ledger at each Project Review meeting. All Inspection and Maintenance Forms (Forms 4 - 7) will be initialed by the Project Manager at each reporting interval. I. INSPECTIONS AND RECORD KEEPING: Inspections are required at least weekly by a “Qualified Inspector”. Sites that have a waiver to disturb greater than five (5) acres require two (2) inspections every seven (7) days with at least two (2) days between inspections. Inspections shall continue until the site complies with the “Final Stabilization” section of this document and a Notice of Termination (NOT) has been filed with the NYSDEC. Each inspection must be followed up by a report documenting the inspector’s findings and request the required maintenance and/or repair for the erosion and sedimentation control measures. The inspector shall notify the Project Manager within one day of the inspection of any deficiencies. Within one day of this notification the Project Manager must commence with corrective measures. It is imperative that the Project Manager documents the Inspection and Maintenance of all erosion and sedimentation control measures as soon as possible after the inspection and/or maintenance is completed. These records are used to prove that the required inspection and maintenance were performed and shall be placed in the SWPPP Ledger. In addition to inspection and maintenance reports, records should be kept of the Construction Activities that occur on the site. The Project Sponsor shall retain copies of the SWPPP, all reports and data for a minimum of five (5) years after the project is complete. The following list identifies the required Inspection and Maintenance documentation that must be maintained by the Project Manager under this SWPPP.  Form 4 Inspection Report for SWPPP  Form 5 Requested Changes to the SWPPP (Modification Report)  Form 6 Record of Stabilization and Construction Activities  Form 6A Record of Temporary Erosion and Sediment Control Practices  Form 7 Project Rainfall Log J. SWPPP MODIFICATIONS: The inspection report should also identify if any revisions to the SWPPP are warranted due to unexpected conditions. The SWPPP is meant to be a dynamic working guide that is to be kept current and amended whenever the design, construction, operation, or maintenance of the site changes in a way which significantly affects the potential for the discharge of pollutants or when the plan proves to be ineffective NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 4 in eliminating or significantly minimizing pollutant discharges. Any such changes to the SWPPP must be made in writing on the Modification Report Form (Form 5) within 7 days of the date such modification or amendment is made. The CONTRACTOR’S failure to monitor or report deficiencies to the NOI Permittee will result in the CONTRACTOR being liable for fines and construction delays resulting from any federal, state, or local agency enforcement action. K. FINAL STABILIZATION AND TERMINATION OF PERMIT COVERAGE: The site will be considered finally stabilized when all soil disturbing activities have been completed and a uniform perennial vegetative cover for the unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures have been established and the development area no longer discharges stormwater associated with construction activities and a Notice of Termination (NOT) form filed by the NOI Permittee with the New York State Department of Environmental Conservation. This filing terminates coverage under the General Permit and terminates the CONTRACTOR’S responsibility to implement the SWPPP. Requirements of the SWPPP, including periodic inspections, must be continued until the NOT is filed. II. SITE DESCRIPTION A. PROJECT NAME AND LOCATION The project is a vacant property that will be filled and graded in preparation for future development. The project site is located to the south of 11 Eastman Lane and at the end of Pinehurst Drive in the City of Saratoga Springs, Saratoga County, New York. B. NOI PERMITTEE’S NAME AND ADDRESS DERBY STALLION LLC PO BOX 139 CLIFTON PARK, NY 12065 C. PROJECT DESCRIPTION DERBY STALLION LLC is proposing to fill and grade a vacant property in the vicinity of 11 Eastman Lane, Saratoga Springs, New York. After satisfactory grading, DERBY STALLION LLC will propose a conservation subdivision to include seven single-family homes with approximately 8.35± of the 13.98± acres being designated as open space to be either dedicated to the City of Saratoga Springs or permanently preserved through recorded no-disturbance restrictions. The project will involve disturbing approximately 4.7± acres of land and add approximately 0.5± acres of new impervious area. Any excess soil from site grading will be stored onsite. The intention is to fill portions of this property and stabilize the soil. See Section 6 for this site plan. D. RUNOFF COEFFICIENT, SOILS, AND RAINFALL INFORMATION The calculated weighted predevelopment Curve Number (CN) was 71. Soils within the project area consist of fine sand that fall in the hydrologic soil group ranging between A and D as described by the Soil Conservation Service. The site is in Saratoga County, which receives an average of 44 inches of rainfall annually with the highest amounts of rainfall received in the months of June and July. E. NAME OF RECEIVING WATERS NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 5 There are no identified discharge points for this site. F. INDIAN COUNTRY LANDS The site is not located on any known current or previously designated Indian Country lands. G. ENDANGERED OR THREATENED SPECIES A review of the New York State Department of Environmental Conservation's (NYSDEC) Environmental Resource Mapper (http://www.dec.ny.gov/imsmaps/ERM/viewer.htm) indicated no known State regulated rare plants, rare animals or significant natural communities on-site. Upon reviewing the US Fish and Wildlife Service Information for Planning and Consultation (IPac) mapper has been reviewed for this project, and a letter provided by the New York Ecological Services Field on August, 6th, 2026 stated that the project limits are within an endangered species area (Northern Long-Eared Bat, Karner Blue Butterfly, and Monarch Butterfly. No further consultation is required. In 2023 NYDEC confirmed that there were no DEC regulated Freshwater Wetlands or adjacent areas on or near the property. A copy of this letter can be found in Section 5. H. HISTORIC PLACES A review of the New York State Historic Preservation Office (OPRHP) Geographic Information System Mapper (http://www.oprhp.state.ny.us/nr/main.asp) indicated that the project site is not located in an archeological sensitive area. The area reserved for conservation on the property is within an archaeological buffer area. The New York State Office of Parks, Recreation, and Historic Preservation (OPHRP) reviewed the project area and issued a letter of no impact. This letter can be found in Section 5. III. CONTROLS A. EROSION AND SEDIMENT CONTROLS The following section describes the anticipated Erosion and Sediment Controls required for use during construction of the proposed site. These controls represent the MINIMUM erosion and sediment control measures that will be required to protect the site during construction. Additional erosion and sediment control measures will be necessary during construction. It will be the responsibility of the NOI permittee to authorize the CONTRACTOR to implement all additional erosion and sediment control measures necessary to protect the site during construction. 1. Stabilization practices include (but not limited to): a) Land clearing activities shall be done only in areas where earthwork will be performed and shall progress as earthwork is needed b) Frequent watering of excavation and fill areas to minimize wind erosion during construction. c) Use of stabilization fabric for all slopes having a slope of 1V:3H or greater. d) Seeding and planting of all unpaved areas  Temporary seedings should be made within 24 hours of construction or disturbance. If not, the soil must be scarified prior to seeding.  Broadcasting or hydroseeding may be used as seeding methods.  Seeding mixtures should be as follows a) Ryegrass (annual or perennial) applied at 30 lbs. per acre (0.7 lbs./1000 sq. ft.) NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 6 b) Certified "Aroostook" winter rye (cereal rye) applied at 100 lbs. per acre (2.5 lbs./1000 sq. ft.) *Winter rye shall be used if seeding in October/November. e) Topsoiling  Scarify all compact, slowly permeable, medium and fine textured subsoil areas. Scarify at approximately right angles to the slope direction in soil areas that are steeper than 5 percent.  Remove refuse, woody plant parts, stones over 3 inches in diameter, and other liter.  Topsoil material shall have at least 2 percent by weight of fine textured stable organic material, and no greater than 6 percent.  Topsoil shall have no less than 20 percent fine textured material (passing the No. 200 sieve) and not more than 15 percent clay.  Topsoil shall not be placed when it is partly frozen, muddy, or on frozen slopes or over ice, snow, or standing water. f) Mulching  For grass / legume establishment apply straw mulch applied at 2 ton/acre (90 lbs./1000 sq. ft.) and anchor with wood fiber mulch (hydromulch) at 500-750 lbs./acre (11 – 17 lbs./1000 sq. ft.) g) Protecting Vegetation During Construction  Limit soil placement over existing tree and shrub roots to a maximum of 3 inches.  Use retaining walls and terraces to protect roots of trees and shrubs when grades are lowered. Lowered grades should start no closer than the dripline of the tree.  Avoid trenching within the dripline of the tree.  Construction limits should be identified and clearly marked to exclude equipment. 2. Structural practices include (but not limited to): a) Perimeter protection using silt fences b) Stabilized construction exit points  Aggregate size shall be 2 inch stone or reclaimed / recycled concrete equivalent  Thickness shall be not less than 6 inches  Width to be the full width of the access point, but not less than 12 ft  Length shall be as required, but not less than 50 ft.  Filter cloth shall be applied over the entire area to be covered with aggregate  The entrance shall be maintained in a condition which will prevent tracking of sediment onto public rights-of-way or streets. When necessary, wheels must be cleaned to remove sediment prior to entrance onto public rights-of-way. 3. Sequence of Major Activities The CONTRACTOR will be responsible for implementing erosion and sediment control measures outlined in the SWPPP and any additional erosion and sediment control measures required to stabilize the site. The CONTRACTOR may designate these tasks to certain subcontractors as appropriate, but the ultimate responsibility for implementing these controls and ensuring their proper functioning remains with the CONTRACTOR. The order of activities will be as follows (refer to Stormwater Pollution Prevention Plan Sheet contained in this SWPPP for additional details): Soil disturbing activities associated with the site development will be phased according to the construction schedule. The sequence of major activities is shown on Erosion and Sedimentation Control Plans found in Appendix A 4. Stormwater Management NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 7 The proposed stormwater management system was designed by The Environmental Design Partnership, Clifton Park, NY. The following paragraphs summarize the stormwater management measures to be incorporated on the site to control pollutants in stormwater discharges after construction is completed. A copy of the Stormwater Management Report is enclosed under Section 6 – Supplemental Information. 5. Post-Construction Maintenance of the Stormwater Management System No post construction maintenance and protections are recommended at this time. Post construction maintenance and protection of the Stormwater Management System shall be performed in accordance with Section VI. LONG TERM OPERATION AND MAINTENANCE PROCEDURES of the SWPPP. B. OTHER CONTROLS 1. Waste Disposal All waste materials will be collected and stored in a securely lidded metal dumpster rented from a local waste management company which must be a solid waste management company licensed to do business in New York State. The dumpster will comply with all local and state solid waste management regulations. All trash and construction debris from the site will be deposited in the dumpster. The dumpster will be emptied as often as necessary, and the trash will be hauled to a landfill approved by New York State and the local government authority. No construction waste materials will be buried on site. All personnel will be instructed regarding the correct procedures for waste disposal. Notices stating these practices will be posted in the job site construction office trailer, and the job site superintendent will be responsible for seeing that these procedures are followed. 2. Sanitary Waste All sanitary waste will be collected from the portable units a minimum of two times per week by a licensed portable facility provider in complete compliance with local and state regulations. 3. Off-Site Vehicle Tracking A stabilized construction exit will be provided to help reduce vehicle tracking of sediments. The paved streets adjacent to the site entrance will be inspected daily and swept as necessary to remove any excess mud, dirt, or rock tracked from the site. Dump trucks hauling material from the construction site will be covered with a tarpaulin. The job site superintendent will be responsible for seeing that these procedures are followed. 4. Hazardous Substances and Hazardous Waste a) All hazardous waste materials will be disposed of by the CONTRACTOR in the manner specified by local, state, and/or federal regulations and by the manufacturer of such products. Site personnel will be instructed in these practices by the job site superintendent, who will also be responsible for seeing that these practices are followed. Material Safety Data Sheets (MSDS's) for each substance with hazardous properties that is used on the job site will be obtained and used for the proper management of potential wastes that may result from these products. An MSDS will be posted in the immediate area where such product is stored and/or NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 8 used and another copy of each MSDS will be maintained in the SWPPP file at the job site construction trailer office. Each employee who must handle a substance with hazardous properties will be instructed on the use of MSDS sheets and the specific information in the applicable MSDS for the product he/she is using, particularly regarding spill control techniques. b) The CONTRACTOR will implement the Spill Prevention Control and Countermeasures (SPCC) Plan found within this SWPPP and will train all personnel in the proper cleanup and handling of spilled materials. No spilled hazardous materials or hazardous wastes will be allowed to come in contact with stormwater discharges. If such contact occurs, the stormwater discharge will be contained on site until appropriate measures in compliance with state and federal regulations are taken to dispose of such contaminated stormwater. It shall be the responsibility of the job site superintendent to properly train all personnel in the use of the SPCC plan. c) Any spills of hazardous materials which are in quantities in excess of Reportable Quantities as defined by EPA regulations shall be immediately reported to the EPA National Response Center 1-800-424-8802. d) In order to minimize the potential for a spill of hazardous materials to come into contact with stormwater, the following steps will be implemented:  All materials with hazardous properties (such as pesticides, petroleum products, fertilizers, detergents, construction chemicals, acids, paints, paint solvents, cleaning solvents, additives for soil stabilization, concrete curing compounds and additives, etc.) will be stored in a secure location, under cover, when not in use. All such materials shall have secondary containment to prevent contamination of soil and runoff.  The minimum practical quantity of all such materials will be kept on the job site.  A spill control and containment kit (containing, for example, absorbent such as kitty litter or sawdust, acid neutralizing powder, brooms, dust pans, mops, rags, gloves, goggles, plastic and metal trash containers, etc.) will be provided at the storage site.  All of the product in a container will be used before the container is disposed of. All such containers will be triple-rinsed with water prior to disposal. The rinse water used in these containers will be disposed of in a manner in compliance with state and federal regulations and will not be allowed to mix with stormwater discharges.  All products will be stored in and used from the original container with the original product label.  All products will be used in strict compliance with instructions on the product label.  The disposal of excess or used products will be in strict compliance with instructions on the product label. 6. Contaminated Soils a) Any contaminated soils (resulting from spills of materials with hazardous properties) which may result from construction activities will be contained and cleaned up immediately in accordance with the procedures given in the Spill Prevention Control and Countermeasures (SPCC) Plan and in accordance with applicable state and federal regulations. b) The job site superintendent will be responsible for seeing that these procedures are followed. NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 9 IV. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL REGULATIONS A. The CONTRACTOR will obtain copies of any and all local and state regulations that are applicable to stormwater management, erosion control, and pollution minimization at this job site and will comply fully with such regulations. The CONTRACTOR will submit written evidence of such compliance if requested by any agent of a regulatory body. The CONTRACTOR will comply with all conditions of the New York State Department of Environmental Conservation SPDES General Permit for Construction Activities, including the conditions related to maintaining the SWPPP and evidence of compliance with the SWPPP at the job site and allowing regulatory personnel access to the job site and to records in order to determine compliance. V. MAINTENANCE/INSPECTION PROCEDURES DURING CONSTRUCTION A. Erosion and Sediment Control and Stabilization Measures Maintenance and Inspection Practices 1. The following is a list of erosion and sediment controls to be used on this site during construction practice. a) Stabilization practices for this site include: o Land clearing activities shall be done only in areas where earthwork will be performed and shall progress as earthwork is needed o Frequent watering of excavation and fill areas to minimize wind erosion during construction. o Use of stabilization fabric for all slopes having a slope of 1V:3H or greater. o Permanent seeding and planting of all unpaved areas using the hydromulching grass seeding technique. b) Structural practices for this site include: o Perimeter protection using silt fences o Stabilized construction exit points 2. The following inspection and maintenance practices will be used to maintain erosion and sediment controls and stabilization measures. a) All control measures will be inspected once every seven (7) days at a minimum. Sites that have a waiver to disturb greater than five (5) acres require two (2) inspections every seven (7) days with at least two (2) days between inspections. b) All measures will be maintained in good working order; if repairs are found to be necessary, they will be initiated within 24 hours of report. c) Built up sediment will be removed from silt fence when it has reached one-third the height of the fence. d) Silt fences will be inspected for depth of sediment, tears, etc., to see if the fabric is securely attached to the fence posts, and to see that the fence posts are securely in the ground. e) Temporary and permanent seeding and all other stabilization measures will be inspected for bare spots, washouts, and healthy growth. f) A maintenance inspection report will be made after each inspection. Copies of the report forms to be completed by the inspector are included in this SWPPP. g) The job site superintendent will be responsible for selecting and training the individuals who will be responsible for these inspections, maintenance and repair activities, and filling out inspection and maintenance reports. h) Personnel selected for the inspection and maintenance responsibilities will receive appropriate instruction from the job site superintendent. They will be trained in all the inspection and maintenance practices necessary for keeping the erosion and sediment controls that are used onsite in good working order. They will also be trained in the completion of, initiation of actions required by, and the filing of the inspection forms. Documentation of this personnel training will be kept on site with the SWPPP. NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 10 i) Disturbed areas and material storage areas will be inspected for evidence of or potential for pollutants entering stormwater systems. j) Report to the NYS Department of Environmental Conservation within 24 hours any noncompliance with the SWPPP that will endanger public health or the environment. Follow up with a written report within 5 days of the noncompliance event. B. Inspection and Maintenance Report Forms Once installation of any required or optional erosion control device or measure has been implemented, weekly inspections of each measure shall be performed by the CONTRACTOR’S inspection personnel. The Inspection and Maintenance Reports found in this SWPPP shall be used by the inspectors to inventory and report the condition of each measure to assist in maintaining the erosion and sediment control measures in good working order. These report forms shall become an integral part of the SWPPP and shall be made readily accessible to governmental inspection officials, the NOI Permittee’s Engineer, and the NOI Permittee for review upon request during visits to the project site. In addition, copies of the reports shall be provided to any of these persons, upon request, via mail or facsimile transmission. Inspection and maintenance report forms are to be maintained by the NOI Permittee for five years following the final stabilization of the site. C. Other Record-Keeping Requirements The CONTRACTOR shall keep the following records related to construction activities at the site: - Dates when major grading activities occur and the areas that were graded - Dates and details concerning the installation of structural controls - Dates when construction activities cease in an area - Dates when areas are stabilized, either temporarily or permanently - Dates of rainfall and the amount of rainfall - Dates and descriptions of the character and amount of any spills of hazardous materials - Records of reports filed with regulatory agencies if reportable quantities of hazardous materials spilled D. Winter Operations The following is a list of erosion and sediment controls and inspection and maintenance practices for winter operations for this site. a) Prior to November 1st of any given year all exposed soil areas must be covered with: o Mulch o Seed and mulch o Geotextile o Erosion control matting o Rock or o Other approved mulch to prevent soil from eroding b) Install sediment barriers (silt fence or drop inlet protection) at ALL necessary perimeter and sensitive locations BEFORE SOIL FREEZES. c) Slopes and Stockpiles: o Protect slopes and stockpiles with anchored straw or mulch, rolled erosion control product or other durable covering. o Sediment barrier must be installed around piles and at slope toes to prevent soil transport from the pile or slope. o Stabilize exposed areas BEFORE snow covers them. NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 11 d) All entrance/exit locations must be properly stabilized and maintained to accommodate snow management. e) Inspections: o If soil disturbance is COMPLETELY suspended AND site is PROPERLY STABILIZED, qualified inspection frequency may be reduced with written notification to NYSDEC or MS4. o Confirmation must be received from NYSDEC prior to reducing inspection frequency. o Monthly inspections must be performed at a minimum. o Sediment control measures should be checked after rain or snowmelt events. o Regular inspections must resume by March 15th. VI. LONG TERM OPERATION AND MAINTENANCE PROCEDURES The proposed 11 EASTMAN LANE SUBDIVISION project will be PRIVATELY OWNED and the operation and maintenance requirements will be the responsibility of the private owner. A maintenance agreement and easement for access must be executed with the City of Saratoga Springs once construction is completed. The entire Stormwater Management System shall be inspected on a yearly basis to ensure that the system operates in the manner originally intended. SECTION 2 Erosion and Sedimentation Control Plan Site Map and General Location Map The Environmental Design Partnership, LLP © 2026 Site Location Map 11 Eastman Lane Subdivision City of Saratoga Springs Saratoga County Source: USGS TopoView Figure 1 Legend Approximate Location of Project Area 90 0 R o u t e 1 4 6 C l i f t o n P a r k , N e w Y o r k 1 2 0 6 5 ed p l l p . c o m (5 1 8 ) 3 7 1 - 7 6 2 1 EN V I R O N M E N T A L D E S I G N PA R T N E R S H I P , L L P . KEY MAP 11 E A S T M A N L A N E SI N G L E F A M I L Y D E V E L O P M E N T RE S I D E N T I A L S U B D I V I S I O N DE R B Y S T A L L I O N L L C CI T Y O F S A R A T O G A S P R I N G S SA R A T O G A C O U N T Y , N E W Y O R K TA X M A P I D N o . 1 6 5 . 0 - 2 - 3 4 , 3 6 . 1 & 7 5 AU G U S T 1 8 , 2 0 2 6 1 of 2 1"=30' GRADING AND EROSION CONTROL PLAN NOT FOR CONSTRUCTION EROSION AND SEDIMENT CONTROL LEGEND: D. BRIEN RAGONE RLA 2135 R E G ISTER E D L A N D S CAP E A R C H I T E CT S T ATE OF N E W Y O R K002135 SITE LOCATION MAP 90 0 R o u t e 1 4 6 C l i f t o n P a r k , N e w Y o r k 1 2 0 6 5 ed p l l p . c o m (5 1 8 ) 3 7 1 - 7 6 2 1 EN V I R O N M E N T A L D E S I G N PA R T N E R S H I P , L L P . 11 E A S T M A N L A N E SI N G L E F A M I L Y D E V E L O P M E N T RE S I D E N T I A L S U B D I V I S I O N DE R B Y S T A L L I O N L L C CI T Y O F S A R A T O G A S P R I N G S SA R A T O G A C O U N T Y , N E W Y O R K TA X M A P I D N o . 1 6 5 . 0 - 2 - 3 4 , 3 6 . 1 & 7 5 AU G U S T 1 8 , 2 0 2 6 2 of 2 AS NOTED EROSION CONTROL DETAILS NOT FOR CONSTRUCTION · · · · · D. BRIEN RAGONE RLA 2135 R E G ISTER E D L A N D S CAP E A R C H I T E CT S T ATE OF N E W Y O R K002135 SECTION 3 Federal, State or Local Notice of Intent (NOI) NYSDEC NOI Acknowledgement Letter SECTION 4 Federal, State or Local NPDES General Permit PREFACE Pursuant to Section 402 of the Clean Water Act (CWA), and 40 CFR 122.26(b)(14)(x), (15)(i), and (15)(ii), stormwater discharges from certain construction activities are unlawful unless they are authorized by a National Pollutant Discharge Elimination System (NPDES) permit or by a state permit program. New York State administers the approved State Pollutant Discharge Elimination System (SPDES) program with permits issued in accordance with the New York State Environmental Conservation Law (ECL) Article 17, Titles 7 and 8, and Article 70, as well as 6 NYCRR Parts 621 and 750. Construction activities constitute construction of a point source and, therefore, pursuant to ECL sections 17-0505, 17-0701, and 17-0803, the owner or operator must have coverage under a SPDES permit prior to commencement of construction activities. The owner or operator cannot wait until there is an actual discharge from the construction site to obtain permit coverage. *Note: The italicized words/phrases within this permit are defined in Appendix A. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPDES CONSTRUCTION GENERAL PERMIT (CGP) GP-0-25-001 FOR STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES Table of Contents Part I. How to Obtain Coverage and General Requirements ..................................... 5 A. Eligibility Requirements ...................................................................................... 5 B. Types of Discharges Authorized ........................................................................ 9 C. Prohibited Discharges ...................................................................................... 10 D. Electronic Notice of Intent (eNOI) Submittal ..................................................... 10 E. General Requirements for Owners or Operators with Permit Coverage .......... 14 F. Permit Coverage for Discharges Authorized Under GP-0-20-001 .................... 18 G. Change of Owner or Operator .......................................................................... 19 Part II.Water Quality-Based Effluent Limitations ..................................................... 20 A. Maintaining Water Quality ................................................................................ 20 B. Effluent Limitations Applicable to Discharges from Construction Activities ...... 20 C. Post-Construction Stormwater Management Practice (SMP) Requirements ... 23 Part III. Stormwater Pollution Prevention Plan (SWPPP)......................................... 28 A. General SWPPP Requirements ....................................................................... 28 B. Required SWPPP Contents ............................................................................. 32 C. Required SWPPP Components by Project Type.............................................. 37 Part IV. Inspection and Maintenance Requirements ................................................ 37 A. General Construction Site Inspection and Maintenance Requirements ........... 37 B. Contractor Maintenance Inspection Requirements .......................................... 37 C. Qualified Inspector Inspection Requirements ................................................... 38 Part V. How to Terminate CGP Coverage .................................................................. 43 A. Electronic Notice of Termination (eNOT) Submittal.......................................... 43 Part VI. Record Retention and Reporting .................................................................. 45 A. Record Retention ............................................................................................. 46 B. Reporting ......................................................................................................... 46 Part VII. Standard Permit Requirements ................................................................... 46 A. Duty to Comply................................................................................................. 46 B. Need to Halt or Reduce Activity Not a Defense................................................ 46 C. Penalties .......................................................................................................... 46 D. False Statements ............................................................................................. 47 E. Re-Opener Clause ........................................................................................... 47 F. Duty to Mitigate ................................................................................................ 47 G. Requiring Another General Permit or Individual SPDES Permit....................... 47 H. Duty to Provide Information .............................................................................. 49 I. Extension ......................................................................................................... 49 J. Signatories and Certification ............................................................................ 50 K. Inspection and Entry ........................................................................................ 52 L. Confidentiality of Information ............................................................................ 53 M. Other Permits May Be Required ...................................................................... 53 N. NYSDEC Orders or Civil Decrees/Judgments.................................................. 53 O. Property Rights ................................................................................................ 53 P. Compliance with Interstate Standards.............................................................. 53 Q. Oil and Hazardous Substance Liability ............................................................. 54 R. Severability....................................................................................................... 54 S. NYSDEC Approved Forms ............................................................................... 54 APPENDIX A – Abbreviations and Definitions .......................................................... 55 Abbreviations ............................................................................................................. 55 Definitions .................................................................................................................. 56 APPENDIX B – Required SWPPP Components by Project Type............................. 64 Table 1....................................................................................................................... 64 Table 2....................................................................................................................... 66 APPENDIX C – Watersheds Requiring Enhanced Phosphorus Removal ............... 68 APPENDIX D – Impaired Waterbodies (by Construction Related Pollutants) ........ 74 APPENDIX E – List of NYSDEC Regional Offices ..................................................... 80 APPENDIX F – SWPPP Preparer Certification Form ................................................ 81 APPENDIX G – MS4 SWPPP Acceptance Form ........................................................ 83 APPENDIX H – NYCDEP SWPPP Acceptance/Approval Form ................................ 86 APPENDIX I – MS4 No Jurisdiction Form .................................................................. 89 APPENDIX J – Owner/Operator Certification Form .................................................. 91 Part I. Part I. How to Obtain Coverage and General Requirements To be covered under this permit, the owner or operator must meet all eligibility requirements in Part I.A. and follow the requirements for obtaining permit coverage in Part I.D., F., or G. A. Eligibility Requirements For a common plan of development or sale, the phase(s) that meet the eligibility requirements in Part I.A. may obtain coverage under this permit even if other phase(s) of the same common plan of development or sale do not meet the eligibility requirements and require an individual SPDES permit. 1. The owner’s or operator’s construction activities involve soil disturbances of: a. one or more acres; or b. less than one acre which are part of a common plan of development or sale that will ultimately disturb one or more acres; or c. less than one acre where NYSDEC has determined that a SPDES permit is required for stormwater discharges based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to surface waters of the State. i. 5,000 square feet or more, but less than one acre, and are in the New York City Watershed located east of the Hudson River, Appendix C Figure 1; or ii. 20,000 square feet or more, but less than one acre, within the municipal boundaries of the City of New York (NYC); or iii. less than 20,000 square feet which are part of a common plan of development or sale that will ultimately disturb 20,000 square feet or more, but less than one acre, within the municipal boundaries of NYC; or iv. that creates 5,000 square feet or more of impervious area within the municipal boundaries of NYC. 5 Part I.A.2. 2. Discharges from the owner’s or operator’s construction activities are/were not: a. already covered by a different SPDES permit; or b. covered under a different SPDES permit that was denied, terminated, or revoked; or c. identified in an expired individual SPDES permit that was not renewed; or d. required to obtain an individual SPDES permit or another general SPDES permit in accordance with Part VII.K. 3. If construction activities may adversely affect a species that is endangered or threatened, the owner or operator must obtain a: a. permit issued pursuant to 6 NYCRR Part 182 for the project; or b. letter issued by NYSDEC of non-jurisdiction pursuant to 6 NYCRR Part 182 for the project. 4. If construction activities have the potential to affect an historic property, the owner or operator must obtain one of the following: a. documentation that the construction activity is not within an archeological buffer area indicated on the sensitivity map, and that the construction activity is not located on or immediately adjacent to a property listed or determined to be eligible for listing on the National or State Registers of Historic Places, and that there is no new permanent building on the construction site within the following distances from a building, structure, or object that is more than 50 years old, or if there is such a new permanent building on the construction site within those parameters that NYS Office of Parks, Recreation and Historic Preservation (OPRHP), a Historic Preservation Commission of a Certified Local Government, or a qualified preservation professional has determined that the building, structure, or object more than 50 years old is not historically/archeologically significant: i. 1-5 acres of disturbance -20 feet; or ii. 5-20 acres of disturbance -50 feet; or 6 Part I.A.4.a.iii. iii. 20+ acres of disturbance -100 feet. b. NYSDEC consultation form sent to OPRHP,1 and copied to NYSDEC’s Agency Historic Preservation Officer (APO), and i. the State Environmental Quality Review Act (SEQR) Environmental Assessment Form (EAF) with a negative declaration or the Findings Statement, with documentation of OPRHP’s agreement with the resolution; or ii. documentation from OPRHP that the construction activity will result in No Impact; or iii. documentation from OPRHP providing a determination of No Adverse Impact; or iv. a Letter of Resolution signed by the owner or operator, OPRHP and the DEC APO which allows for this construction activity to be eligible for coverage under the general permit in terms of the State Historic Preservation Act (SHPA). c. documentation of satisfactory compliance with Section 106 of the National Historic Preservation Act for a coterminous project area: i. No Affect; or ii. No Adverse Affect; or iii. Executed Memorandum of Agreement. d. documentation that SHPA Section 14.09 has been completed by NYSDEC or another state agency. 5. If construction activities are subject to SEQR, the owner or operator must obtain documentation that SEQR has been satisfied. 6. If construction activities are not subject to SEQR, but subject to the equivalent environmental review from another New York State or federal agency, the 1 The consultation form can be submitted, along with other project information, through OPRHP's Cultural Resource Information System (CRIS) portal. If submitted through CRIS, paper copies of the consultation form need not be mailed. 7 Part I.A.6. owner or operator must obtain documentation that project review, pursuant to a process equivalent to SEQR from another New York State or federal agency, has been satisfied. 7. If construction activities require Uniform Procedures Act (UPA) Permits (see 6 NYCRR Part 621) from NYSDEC, or the equivalent from another New York State or federal agency, the owner or operator must: a. obtain all such necessary permits; or b. receive notification from NYSDEC pursuant to 6 NYCRR 621.3(a)(4) excepting Part I.A.7.a. 8. Construction activities are not eligible if they meet the following criteria in Part I.A.8.a. or b.: a. For linear transportation and linear utility project types, the construction activities: i. are within the watershed of surface waters of the State classified as AA or AA-S identified utilizing the Stormwater Interactive Map on NYSDEC’s website; and ii. are undertaken on land with no existing impervious cover; and iii. disturb two or more acres of steep slope. b. For all other project types, the construction activities: i. are within the watershed of surface waters of the State classified as AA or AA-S identified utilizing the Stormwater Interactive Map on NYSDEC’s website; and ii. are undertaken on land with no existing impervious cover; and iii. disturb one or more acres of steep slope. 8 Part I.B. B. Types of Discharges Authorized 1. The following stormwater discharges are authorized under this permit: a. Stormwater discharges, including stormwater runoff, snowmelt runoff, and surface runoff and drainage, associated with construction activity, are authorized under this permit provided that appropriate stormwater controls are designed, installed, and maintained in accordance with Part II. and Part III. b. Stormwater discharges from construction support activities at the construction site (including concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, and borrow areas) if the following requirements are met: i. The support activity is directly related to the construction site required to have permit coverage for stormwater discharges; and ii. The support activity is not a commercial operation, nor does it serve multiple unrelated construction sites; and iii. The support activity does not continue to operate beyond the completion of the construction activity at the site it supports; and iv. Stormwater controls are implemented in accordance with Part II. and Part III. for discharges from the support activity areas. 2. The following non-stormwater discharges associated with construction activity are authorized under this permit: a. Non-stormwater discharges listed in 6 NYCRR 750-1.2(a)(29)(vi), with the following exception: “Discharges from firefighting activities are authorized only when the firefighting activities are emergencies/unplanned”; and b. Non-stormwater discharges of waters to which other components have not been added that are used in accordance with the SWPPP to control dust or irrigate vegetation in stabilized areas; and c. Uncontaminated discharges from dewatering operations 9 Part I.B.3. 3. Authorized discharges of stormwater or authorized discharges of non- stormwater, commingled with a discharge authorized by a different SPDES permit and/or a discharge that does not require SPDES permit authorization, are also authorized under this permit. C. Prohibited Discharges 1. Non-stormwater discharges prohibited under this permit include but are not limited to: a. Wastewater from washout of concrete; and b. Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials; and c. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and d. Soaps, solvents, or detergents used in vehicle and equipment washing or external building washdown; and e. Toxic or hazardous substances from a spill or other release. D. Electronic Notice of Intent (eNOI) Submittal To receive authorization in accordance with Part I.D.3.b., the owner or operator must submit a complete eNOI in accordance with the requirements in Part I.D. The eNOI contains questions to: ensure eligibility requirements in Part I.A. have been met; obtain owner or operator contact information; obtain the total area to be disturbed and the existing/future impervious areas (rounded to the nearest tenth of an acre); confirm Traditional Land Use Control MS4 Operator jurisdiction over construction projects; satisfy the EPA eRule requirements; confirm that the Water Quality-Based Effluent Limitations in Part II. have been met; demonstrate consideration of the future risks due to climate change in accordance with Part III.A.2.; and confirm that the other Stormwater Pollution Prevention Plan (SWPPP) requirements in Part III. have been met. 1. An eNOI may be submitted for: a. construction activities that are not part of a common plan of development or sale; or 10 Part I.D.1.b. b. an entire common plan of development or sale; or c. separate phase(s) of a common plan of development or sale if the following requirements are met: i. the common plan of development or sale meets the eligibility requirements of Part I.A.5. or 6.; and ii. the phase(s) meet(s) all other eligibility requirements of Part I.A.; and iii. Part III.C. Required SWPPP Components by Project Type is based on the common plan of development or sale, not the phase(s); or d. tree clearing that is associated with, or will support, a renewable energy generation, transmission, or storage project that meets Part I.A.5. and 6., if the tree clearing: i. meets all other eligibility requirements of Part I.A.; and ii. will occur in NYSDEC’s Regions 3-9; and iii. is not within ¼ mile of a bat hibernaculum protected pursuant to 6 NYCRR Part 182; and iv. will occur between November 1st and March 31st. 2. As prerequisites for submitting an eNOI, the owner or operator must: a. prepare a SWPPP for Part I.D.1.a., b., c., or d. in accordance with Part III.; and b. based on the following criteria, upload the following signature forms signed in accordance with Part VII.J. to the eNOI prior to submission: i. for all eNOIs: 1. the SWPPP Preparer Certification Form, Appendix F, signed by the SWPPP preparer; and 11 Part I.D.2.b.i.2. 2. the Owner/Operator Certification Form, Appendix J, signed by the owner or operator; and ii. if an eNOI includes construction activities within the municipal boundary(ies) of Traditional Land Use Control MS4 Operator(s) that will discharge to the MS4(s): 1. determine if the Traditional Land Use Control MS4 Operator(s) have review authority. A Traditional Land Use Control MS4 Operator does not have review authority where: a. the owner or operator of the construction activities in Part I.D.2.b.ii. is the same entity as the Traditional Land Use Control MS4 Operator identified in Part I.D.2.b.ii.; or b. there is a statute exempting the owner or operator from zoning review by the Traditional Land Use Control MS4 Operator; or c. there is no such statute per Part I.D.2.b.ii.1.b., the Traditional Land Use Control MS4 Operator concludes, after public hearing, that it does not have zoning review authority in accordance with Legal Memorandum LU14 Updated January 2020 “Governmental Immunity from Zoning and Other Legislation”; and 2. if the Traditional Land Use Control MS4 Operator(s) have review authority, submit the SWPPP to the Traditional Land Use Control MS4 Operator(s) for review and have: a. if outside the municipal boundaries of NYC: the MS4 SWPPP Acceptance Form, Appendix G, signed by the principal executive officer or ranking elected official from the Traditional Land Use Control MS4 Operator, or by a duly authorized representative of that person in accordance with Part VII.J.2.; or 12 Part I.D.2.b.ii.2.b. b. if within the municipal boundaries of NYC: The City of New York Department of Environmental Protection (NYCDEP) SWPPP Acceptance/Approval Form, Appendix H, signed by the principal executive officer or ranking elected official from the Traditional Land Use Control MS4 Operator, or by a duly authorized representative of that person in accordance with Part VII.J.2.; and 3. if the Traditional Land Use Control MS4 Operator does not have review authority, have the MS4 No Jurisdiction Form, Appendix I, signed by the principal executive officer or ranking elected official from the Traditional Land Use Control MS4 Operator, or by a duly authorized representative of that person in accordance with Part VII.J.2. 3. Submitting an eNOI: a. The owner or operator must submit a complete Notice of Intent electronically using a NYSDEC approved form.2 b. The owner or operator is authorized to commence construction activity as of the authorization date indicated in the Letter of Authorization (LOA), which is sent by NYSDEC after a complete eNOI is submitted. i. If an eNOI is received for a SWPPP that deviates from one of the technical standards but demonstrates equivalence in accordance with Part III.B.1.a.ii. or Part III.B.2.b.ii., if the SWPPP includes construction activities that are not within the municipal boundary(ies) of Traditional Land Use Control MS4 Operator(s), and/or if the SWPPP includes construction activities within the municipal boundary(ies) of Traditional Land Use Control MS4 Operator(s) that do not have review authority in accordance with Part I.D.2.b.ii.1., the authorization date indicated in the LOA will be 60 business days after the eNOI submission date. 2 Unless NYSDEC grants a waiver in accordance with 40 CFR 127.15(c) or (d). All waiver requests must be submitted to Stormwater_info@dec.ny.gov or NYSDEC, Bureau of Water Permits, 625 Broadway, 4th Floor, Albany, New York 12233-3505. 13 Part I.D.3.c. c. If Traditional Land Use Control MS4 Operator(s) have review authority in accordance with Part I.D.2.b.ii.2., the owner or operator must, within five business days of receipt of the LOA, send an electronic copy of the LOA to the Traditional Land Use Control MS4 Operator(s) with review authority. E. General Requirements for Owners or Operators with Permit Coverage 1. As of the date the LOA is received, the owner or operator must make the eNOI, SWPPP, and LOA available for review and copying in accordance with the requirements in Part VII.H. When applicable, as of the date an updated LOA is received, the owner or operator must make the updated LOA available for review and copying in accordance with the requirements in Part VII.H. 2. The owner or operator must ensure compliance with all requirements of this permit and that the provisions of the SWPPP, including any changes made to the SWPPP in accordance with Part III.A.5., are properly implemented and maintained from the commencement of construction activity until: a. all areas of disturbance have achieved final stabilization; and b. the owner’s or operator’s coverage under this permit is terminated in accordance with Part V.A.5.a. 3. As of the date of the commencement of construction activities until Part I.E.2.a. and b. have been met, the owner or operator must maintain at the construction site, a copy of: a. all documentation necessary to demonstrate eligibility with this permit; and b. this permit; and c. the SWPPP; and d. the signed SWPPP Preparer Certification Form; and e. the signed MS4 SWPPP Acceptance Form or signed NYCDEP SWPPP Acceptance/Approval Form or signed MS4 No Jurisdiction Form (when applicable); and f. the signed Owner/Operator Certification Form; and 14 Part I.E.3.g. g. the eNOI; and h. the LOA; and i. the LOA transmittal to the Traditional Land Use Control MS4 Operator in accordance with Part I.D.3.c. (when applicable). 4. The owner or operator must maintain at the construction site, until Part I.E.2.a. and b. have been met, as of the date the documents become final or are received, a copy of the: a. responsible contractor’s or subcontractor’s certification statement(s) in accordance with Part III.A.7.; and b. inspection reports in accordance with Part IV.C.4. and 6.; and c. Request to Disturb Greater Than Five Acres and the Authorization Letter to Disturb Greater Than Five Acres in accordance with Part I.E.6. (when applicable); and d. Request to Continue Coverage and the Letter of Continued Coverage (LOCC) in accordance with Part I.F.2. and 4. (when applicable); and e. The updated LOA(s) in accordance with Part I.E.9. (when applicable). 5. The owner or operator must maintain the documents in Part I.E.3. and 4. in a secure location, such as a job trailer, on-site construction office, or mailbox with lock. The secure location must be accessible during normal business hours to an individual performing a compliance inspection. The documents must be paper documents unless electronic documents are accessible to the inspector during an inspection to the same extent as a paper copy stored at the site would be. If electronic documents are kept on site, the owner or operator must maintain functional equipment on site available to an inspector during normal hours of operation such that an inspector may view the electronic documents in a format that can be read in a similar manner as a paper record and in a legally dependable format with no less evidentiary value than their paper equivalent. 6. The owner or operator must meet the following requirements prior to disturbing greater than five acres of soil at any one time: a. The owner or operator must submit a written Request to Disturb Greater Than Five Acres to: 15 Part I.E.6.a.i. i. NYSDEC’s Regional Office Division of Water staff based on the project location, Appendix E, if a Traditional Land Use Control MS4 Operator does not have review authority in accordance with Part I.D.2.b.ii.1.; or ii. the Traditional Land Use Control MS4 Operator, if a Traditional Land Use Control MS4 Operator has review authority in accordance with Part I.D.2.b.ii.1.; or iii. NYSDEC’s Regional Office Division of Water staff based on the project location, Appendix E, and each involved Traditional Land Use Control MS4 Operator, if the project spans multiple municipalities with more than one Traditional Land Use Control MS4 Operator involved with review authority in accordance with Part I.D.2.b.ii.1. b. The written Request to Disturb Greater Than Five Acres must include: i. The SPDES permit identification number (Permit ID); and ii. Full technical justification demonstrating why alternative methods of construction that would result in five acres of soil disturbance or less at any one time are not feasible; and iii. The phasing plan for the project and sequencing plans for all phases from the SWPPP in accordance with Part III.B.1.d.; and iv. Plans with locations and details of erosion and sediment control practices such that the heightened concern for erosion when disturbing greater than five acres at one time has been addressed; and v. Acknowledgment that “the owner or operator will comply with the requirements in Part IV.C.2.b.”; and vi. Acknowledgment that “the owner or operator will comply with the requirements in Part II.B.1.b.” c. The owner or operator must be in receipt of an Authorization Letter to Disturb Greater Than Five Acres, which will include when the 16 Part I.E.6.c. authorization begins and ends and indicate a maximum area (acres) of soil disturbance allowed at any one time, from: i. NYSDEC, if Part I.E.6.a.i. or iii. apply; or ii. the Traditional Land Use Control MS4 Operator, if Part I.E.6.a.ii. applies. 7. Upon a finding of significant non-compliance with the practices described in the SWPPP or violation of this permit, NYSDEC may order an immediate stop to all construction activity at the site until the non-compliance is remedied. The stop work order must be in writing, describe the non-compliance in detail, and be sent to the owner or operator. 8. If any human remains or archaeological remains are encountered during excavation, the owner or operator must immediately cease, or cause to cease, all construction activity in the area of the remains and notify the appropriate Regional Water Engineer (RWE).3 Construction activity shall not resume until written permission to do so has been received from the RWE. 9. To be authorized to implement modifications to the information previously submitted in the eNOI, the owner or operator must: a. notify NYSDEC via email at Stormwater_info@dec.ny.gov requesting access to update the eNOI; and b. update the eNOI to reflect the modifications and resubmit the eNOI in accordance with Part I.D.; and c. receive an updated LOA. 10.The eNOI, SWPPP, LOA, updated LOAs (when applicable), and inspection reports required by this permit are public documents that the owner or operator must make available for review and copying by any person within five business days of the owner or operator receiving a written request by any such person to review these documents. Copying of documents will be done at the requester’s expense. 3 The Regional Water Manager where a DEC Region does not have a RWE. 17 Part I.F. F. Permit Coverage for Discharges Authorized Under GP-0-20-001 When applicable: 1. Upon the effective date of this permit, an owner or operator of a construction activity, with coverage under GP-0-20-001, will have interim coverage under GP-0-25-001 for 45 calendar days starting on the effective date of GP-0-25- 001 so long as the owner or operator maintains compliance with all applicable requirements of this permit. 2. Within 30 calendar days of the effective date of this permit, the owner or operator, with coverage under GP-0-20-001, must submit a complete Request to Continue Coverage electronically using a NYSDEC approved form,4 which contains the information identified in Part I.F.3. below, if: a. the owner or operator continues to implement the SMP component in conformance with the technical standards in place at the time of initial project authorization; and b. the owner or operator will comply with all non-design requirements of GP- 0-25-001. 3. The Request to Continue Coverage form contains questions to: ensure eligibility requirements in Part I.A. have been met; verify owner or operator contact information; verify the permit identification number; verify the original eNOI submission ID, if applicable; verify Part I.F.2.a. and b.; verify the version of the Design Manual that the technical/design components conform to; and receive an updated Owner/Operator Certification Form, Appendix I. 4. The owner or operator has obtained continued coverage under GP-0-25-001 as of the date indicated in the LOCC, which is sent by NYSDEC after a complete Request to Continue Coverage form is submitted. 5. If the owner or operator does not submit the Request to Continue Coverage form in accordance with Part I.F.2. and 3., coverage under this permit is automatically terminated after interim coverage expires. 4 Unless NYSDEC grants a waiver in accordance with 40 CFR 127.15(c) or (d). All waiver requests must be submitted to Stormwater_info@dec.ny.gov or NYSDEC, Bureau of Water Permits, 625 Broadway, 4th Floor, Albany, New York 12233-3505. 18 Part I.G. G. Change of Owner or Operator When applicable: 1. When property ownership changes, or when there is a change in operational control over the construction plans and specifications, the following process applies: a. The new owner or operator must meet the applicable prerequisites for submitting an eNOI in accordance with Part I.D.2.; and b. The new owner or operator must submit an eNOI in accordance with Part I.D.3.; and c. Permit coverage for the new owner or operator will be effective upon receipt of the LOA in accordance with Part I.D.3.b.; and d. The new owner or operator, upon receipt of their LOA, must provide their Permit ID to the original owner or operator; and e. If the original owner or operator will no longer be the owner or operator of the construction activity identified in the original owner’s or operator’s eNOI, the original owner or operator, upon receipt of the new owner’s or operator’s Permit ID in accordance with Part I.G.1.d., must submit to NYSDEC a completed eNOT in accordance with Part V. that includes the name and Permit ID of the new owner or operator; or f. If the original owner or operator maintains ownership of a portion of the construction activity, the original owner or operator must maintain their coverage under the permit by modifying their eNOI; modifications to the eNOI must include: i. the revised area of disturbance and/or impervious area(s); and ii. the revised SMP information, if applicable; and iii. a narrative description of what has changed; and iv. the new owner’s or operator’s Permit ID for the portion of the project removed from the eNOI. Owners or operators must follow Part I.E.9. to modify the eNOI. 19 Part II. Part II. Water Quality-Based Effluent Limitations A. Maintaining Water Quality NYSDEC expects that compliance with the requirements of this permit will control discharges necessary to meet applicable water quality standards. It shall be a violation of the ECL for any discharge to either cause or contribute to a violation of the following water quality standards as contained in Parts 700 through 705 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York: 1. There must be no increase in turbidity that will cause a substantial visible contrast to natural conditions; and 2. There must be no increase in suspended, colloidal or settleable solids that will cause deposition or impair the waters for their best usages; and 3. There must be no residue from oil and floating substances, nor visible oil film, nor globules of grease. If there is evidence indicating that the stormwater discharges authorized by this permit are causing, have the reasonable potential to cause, or are contributing to a violation of the water quality standard, the owner or operator must take appropriate corrective action in accordance with Part IV.C.5. of this permit and document in accordance with Part IV.C.4. of this permit. To address the water quality standard violation the owner or operator must include and implement appropriate controls in the SWPPP to correct the problem or obtain an individual SPDES permit. If, despite compliance with the requirements of this permit, it is demonstrated that the stormwater discharges authorized by this permit are causing or contributing to a violation of water quality standards, or if NYSDEC determines that a modification of this permit is necessary to prevent a violation of water quality standards, the authorized discharges will no longer be eligible for coverage under this permit, and the owner or operator must obtain an individual SPDES permit prior to further discharges from the construction site. B. Effluent Limitations Applicable to Discharges from Construction Activities Discharges authorized by this permit must achieve, at a minimum, the effluent limitations in Part II.B.1.a., b., c., d., and e. These limitations represent the 20 Part II.B. degree of effluent reduction attainable by the application of best practicable technology currently available. 1. Erosion and Sediment Control Requirements -The owner or operator must select, design, install, implement, and maintain control measures to minimize the discharge of pollutants and prevent a violation of the water quality standards. The selection, design, installation, implementation, and maintenance of these control measures must meet the non-numeric effluent limitations in Part II.B.1.a., b., c., d., and e. and be in accordance with the New York State Standards and Specifications for Erosion and Sediment Control (BB), dated November 2016, using sound engineering judgment. Where control measures are not designed in conformance with the design criteria included in the technical standard, the owner or operator must include in SWPPP the reason(s) for the deviation, or alternative design, and provide information in the SWPPP demonstrating that the deviation or alternative design is equivalent to the technical standard. a. Erosion and Sediment Controls. At a minimum, erosion and sediment controls must be selected, designed, installed, implemented, and maintained to: i. Minimize soil erosion through application of runoff control and soil stabilization control measure to minimize pollutant discharges; and ii. Control stormwater discharges, including both peak flow rates and total stormwater volume, to minimize channel and streambank erosion and scour in the immediate vicinity of the discharge points; and iii. Minimize the amount of soil exposed during construction activity; and iv. Minimize the disturbance of steep slope; and v. Minimize sediment discharges from the site; and vi. Provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas and maximize stormwater infiltration to reduce pollutant discharges, unless infeasible; and vii. Minimize soil compaction. Minimizing soil compaction is not required 21 Part II.B.1.a.vii. where the intended function of a specific area of the site dictates that it be compacted; and viii. Unless infeasible, preserve a sufficient amount of topsoil to complete soil restoration and establish a uniform, dense vegetative cover; and ix. Minimize dust. On areas of exposed soil, minimize dust through the appropriate application of water or other dust suppression techniques to control the generation of pollutants that could be discharged from the site. b. Soil Stabilization. In areas where soil disturbance activity has ceased, whether permanently or temporarily ceased, the application of soil stabilization measures must be initiated by the end of the next business day and completed within 14 calendar days from the date the current soil disturbance activity ceased. For construction sites that directly discharge to one of the 303(d) segments listed in Appendix D, or are located in one of the watersheds listed in Appendix C, or are authorized to disturb greater than five acres in accordance with Part I.E.5.a.viii., the application of soil stabilization measures must be initiated by the end of the next business day and completed within seven calendar days from the date the soil disturbance activity ceased. c. Dewatering. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, must be managed by appropriate control measures. d. Pollution Prevention Measures. Select, design, install, implement, and maintain effective pollution prevention measures to minimize the discharge of pollutants and prevent a violation of the water quality standards. At a minimum, such measures must be selected, designed, installed, implemented, and maintained to: i. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. Soaps, detergents and solvents cannot be used; and ii. Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, hazardous and toxic waste, and other materials present on the site to precipitation 22 Part II.B.1.d.ii. and to stormwater. Minimization of exposure is not required in cases where the exposure to precipitation and to stormwater will not result in a discharge of pollutants, or where exposure of a specific material or product poses little risk of stormwater contamination (such as final products and materials intended for outdoor use); and iii. Prevent the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures. e. Surface Outlets. When discharging from basins and impoundments, the surface outlets must be designed, constructed, and maintained in such a manner that sediment does not leave the basin or impoundment and that erosion at or below the outlet does not occur. C. Post-Construction Stormwater Management Practice (SMP) Requirements 1. The owner or operator of a construction activity that requires post- construction SMPs, in accordance with Part III.C., must select, design, install, implement, and maintain the SMPs to meet the performance criteria in the New York State Stormwater Management Design Manual, dated July 31, 2024 (DM), using sound engineering judgment. Where SMPs are not designed in conformance with the performance criteria in the DM, the owner or operator must include in the SWPPP the reason(s) for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standard. 2. The owner or operator of a construction activity, that requires SMPs in accordance with Part III.C., must design the practices to meet the applicable sizing criteria in Part II.C.2.a., b., c., or d. a. Sizing Criteria for New Development i. Runoff Reduction Volume (RRv) and Water Quality Volume (WQv): 1. Reduce the total WQv by application of RR techniques and standard SMPs with RRv capacity. The total WQv must be calculated in accordance with the criteria in Section 4.2 of the DM; or 23 Part II.C.2.a.i.2. 2. Minimum RRv and Treatment of Remaining Total WQv: Construction activities that cannot meet the requirements in Part II.C.2.a.i.1. due to site limitations must direct runoff from all newly constructed impervious areas to a RR technique or standard SMP with RRv capacity unless infeasible. The specific site limitations that prevent the reduction of 100% of the WQv must be documented in the SWPPP. For each impervious area that is not directed to a RR technique or standard SMP with RRv capacity, the SWPPP must include documentation which demonstrates that all options were considered and for each option explains why it is considered infeasible. In no case shall the runoff reduction achieved from the newly constructed impervious areas be less than the Minimum RRv as calculated using the criteria in Section 4.4 of the DM. The remaining portion of the total WQv that cannot be reduced must be treated by application of standard SMPs. ii. Channel Protection Volume (CPv): Provide 24 hour extended detention of the post-developed 1-year, 24-hour storm event, remaining after runoff reduction. Where a CPv control orifice is provided, the minimum orifice size must be 3 inches, with acceptable external trash rack or orifice protection. The CPv requirement does not apply when: 1. Reduction of the entire CPv is achieved by application of runoff reduction techniques or infiltration systems; or 2. The 1-year post-development peak discharge is less than or equal to 2.0 cfs without detention or velocity controls; or 3. The site directly discharges into a fifth order or larger water body (stream, river, or lake), or tidal waters, where the increase in smaller flows will not impact the stream bank or channel integrity. However, the point of discharge must be adequately protected against scour and erosion by the increased peak discharge. 24 Part II.C.2.a.iii. iii. Overbank Flood Control Criteria (Qp): Requires storage to attenuate the post-development 10-year, 24-hour peak discharge rate (Qp) to predevelopment rates. The Qp requirement does not apply when: 1. the site directly discharges to tidal waters or fifth order or larger streams, or 2. A downstream analysis reveals that overbank control is not required. iv. Extreme Flood Control Criteria (Qf): Requires storage to attenuate the post-development 100-year, 24-hour peak discharge rate (Qf) to predevelopment rates. The Qf requirement does not apply when: 1. the site directly discharges to tidal waters or fifth order or larger streams, or 2. A downstream analysis reveals that overbank control is not required. b. Sizing Criteria for New Development in Enhanced Phosphorus Removal Watersheds i. Runoff Reduction Volume (RRv) and Water Quality Volume (WQv): 1. Reduce the WQv by application of RR techniques and standard SMPs with RRv capacity. The total WQv is the runoff volume from the 1-year, 24-hour design storm over the post-developed watershed and must be calculated in accordance with the criteria in Section 4.3 of the DM; or 2. Minimum RRv and Treatment of Remaining Total WQv: Construction activities that cannot meet the criteria in Part II.C.2.b.i.1. due to site limitations must direct runoff from all newly constructed impervious areas to a RR technique or standard SMP with RRv capacity unless infeasible. The specific site limitations that prevent the reduction of 100% of the WQv must be documented in the SWPPP. For each impervious area that is not directed to a RR technique or standard SMP with RRv capacity, the SWPPP must include 25 Part II.C.2.b.i.2. documentation which demonstrates that all options were considered and for each option explains why it is considered infeasible. In no case shall the runoff reduction achieved from the newly constructed impervious areas be less than the Minimum RRv as calculated using the criteria in Section 4.5 of the DM. The remaining portion of the total WQv that cannot be reduced must be treated by application of standard SMPs. ii. Channel Protection Volume (CPv): Provide 24 hour extended detention of the post-developed 1-year, 24-hour storm event, remaining after runoff reduction. Where a CPv control orifice is provided, the minimum orifice size must be 3 inches, with acceptable external trash rack or orifice protection. The CPv requirement does not apply when: 1. Reduction of the entire CPv is achieved by application of runoff reduction techniques or infiltration systems; or 2. The 1-year post-development peak discharge is less than or equal to 2.0 cfs; or 3. The site directly discharges to tidal waters, or a fifth order or larger water body (stream, river, or lake) where the increase in smaller flows will not impact the stream bank or channel integrity. However, the point of discharge must be adequately protected against scour and erosion by the increased peak discharge. iii. Overbank Flood Control Criteria (Qp): Requires storage to attenuate the post-development 10-year, 24-hour peak discharge rate (Qp) to predevelopment rates. The Qp requirement does not apply when: 1. the site directly discharges to tidal waters or fifth order or larger streams; or 2. A downstream analysis reveals that overbank control is not required. 26 Part II.C.2.b.iv. iv. Extreme Flood Control Criteria (Qf): Requires storage to attenuate the post-development 100-year, 24-hour peak discharge rate (Qf) to predevelopment rates. The Qf requirement does not apply when: 1. the site directly discharges to tidal waters or fifth order or larger streams; or 2. A downstream analysis reveals that overbank control is not required. c. Sizing Criteria for Redevelopment Activity i. Water Quality Volume (WQv): The WQv treatment objective for redevelopment activity must be addressed by one of the following options, as outlined in Section 9.2.1. Redevelopment activities located in an Enhanced Phosphorus Removal Watershed (see Part III.B.3. and Appendix C) must calculate the WQv in accordance with Section 4.3 of the DM. All other redevelopment activities must calculate the WQv in accordance with Section 4.2 of the DM. 1. Reduce the existing impervious cover by a minimum of 25% of the total disturbed, impervious area. The Soil Restoration criteria in Section 5.1.6 of the DM must be applied to all newly created pervious areas; or 2. Capture and treat 100% of the required WQv, for a minimum of 25% of the disturbed redevelopment impervious area, by implementation of standard SMPs or reduced by application of runoff reduction techniques; or 3. Capture and treat 100% of the required WQv, for a minimum of 75% of the disturbed redevelopment impervious area, by implementation of a volume-based alternative SMP, as defined in Section 9.4 of the DM; or 4. Capture and treat 100% of the required WQv, for a minimum of 75% of the disturbed redevelopment impervious area, by implementation of a flow-through alternative SMP sized to treat the peak rate of runoff from the WQv design storm; or 27 Part II.C.2.c.i.5. 5. Application of a combination of 1 through 4 above that provide a weighted average of at least two of the above methods. Application of this method must be in accordance with the criteria in Section 9.2.1(A)(V) of the DM; or 6. If there is an existing SMP located on the site that captures and treats runoff from the impervious area that is being disturbed, the WQv treatment option selected must, at a minimum, provide treatment equal to the treatment that was being provided by the existing practice(s) if that treatment is greater than the treatment required by options 1 through 5 above. ii. Channel Protection Volume (CPv) is not required if there is 0% change to hydrology that increases the discharge rate and volume from the project site. iii. Overbank Flood Control (Qp) is not required if there is 0% change to hydrology that increases the discharge rate from the project site. iv. Extreme Flood Control (Qf) is not required if there is 0% change to hydrology that increases the discharge rate from the project site. d. Sizing Criteria for Combination of Redevelopment Activity and New Development Construction projects, that include both new development and redevelopment activity, must use SMPs that meet the sizing criteria calculated as an aggregate of the sizing criteria in Part II.C.2.a. or b. for the new development portion of the project and Part II.C.2.c. for the redevelopment activity portion of the project. Part III. Stormwater Pollution Prevention Plan (SWPPP) A. General SWPPP Requirements 1. A SWPPP must be prepared and implemented by the owner or operator of all construction activity covered by this permit. All authorized discharges must be identified in the SWPPP. The SWPPP must document the selection, design, installation, implementation and maintenance of the control measures and 28 Part III.A.1. practices that will be used to meet the effluent limitations in Part II.B. and, where applicable, the SMP requirements in Part II.C. 2. The SWPPP must demonstrate consideration in narrative format of the future physical risks due to climate change pursuant to the Community Risk and Resiliency Act (CRRA), 6 NYCRR Part 490, and associated guidance. a. The owner or operator must consider: i. the following physical risks due to climate change: (i) increasing temperature; and (ii) increasing precipitation; and (iii) increasing variability in precipitation, including chance of drought; and (iv) increasing frequency and severity of flooding; and (v) rising sea level; and (vi) increasing storm surge; and (vii) shifting ecology. ii. for each of the following: (i) overall site planning; and (ii) location, elevation, and sizing of: a. control measures and practices; and b. conveyance system(s); and c. detention system(s). 3. The SWPPP must describe the erosion and sediment control practices and where required, SMPs that will be used and/or constructed to reduce the pollutants in stormwater discharges and to assure compliance with the 29 Part III.A.3. requirements of this permit. In addition, the SWPPP must identify potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges. 4. All SWPPPs, that require the SMP component in accordance with Part III.B.2., must be prepared by a qualified professional. 5. The owner or operator must keep the SWPPP current so that, at all times, it accurately documents the erosion and sediment control practices that are being used or will be used during construction, and all SMPs that will be constructed on the site. At a minimum, the owner or operator must modify the SWPPP, including construction drawings: a. whenever the current provisions prove to be ineffective in minimizing pollutants in stormwater discharges from the site; and b. whenever there is a change in design, construction, or operation at the construction site that has or could have an effect on the discharge of pollutants; and c. to address issues or deficiencies identified during an inspection by the qualified inspector, NYSDEC, or other regulatory authority; and d. to document the final construction conditions in an as-built drawing. 6. NYSDEC may notify the owner or operator at any time that the SWPPP does not meet one or more of the minimum requirements of this permit. The notification must be in writing and identify the provisions of the SWPPP that require modification. Within fourteen (14) calendar days of such notification, or as otherwise indicated by NYSDEC, the owner or operator must make the required changes to the SWPPP and submit written notification to NYSDEC that the changes have been made. If the owner or operator does not respond to NYSDEC’s comments in the specified time frame, NYSDEC may suspend the owner’s or operator’s coverage under this permit or require the owner or operator to obtain coverage under an individual SPDES permit in accordance with Part II.D.4. 7. Prior to the commencement of construction activity, the owner or operator must identify the contractor(s) and subcontractor(s) that will be responsible for installing, constructing, repairing, replacing, inspecting, and maintaining the erosion and sediment control practices included in the SWPPP and the 30 Part III.A.7. contractor(s) and subcontractor(s) that will be responsible for constructing the SMPs included in the SWPPP. The owner or operator must have each of the contractors and subcontractors identify at least one person from their company to be trained contractor that will be responsible for implementation of the SWPPP. The owner or operator must ensure that at least one trained contractor is on site daily when soil disturbance activities are being performed. The owner or operator must have each of the contractors and subcontractors identified above sign a copy of the following certification statement below before the commencement of construction activities: "I hereby certify under penalty of law that I understand and agree to comply with the requirements of the SWPPP and agree to implement any corrective actions identified by the qualified inspector during a site inspection. I also understand that the owner or operator must comply with the requirements of the most current version of the New York State Pollutant Discharge Elimination System (SPDES) Construction General Permit (CGP) for Stormwater Discharges from Construction Activities and that it is unlawful for any person to cause or contribute to a violation of water quality standards. Furthermore, I am aware that there are significant penalties for submitting false information, that I do not believe to be true, including the possibility of fine and imprisonment for knowing violations" In addition to providing the certification statement above, the certification page must also identify the specific elements of the SWPPP that each contractor and subcontractor will be responsible for and include the name and title of the person providing the signature; the name and title of the trained contractor responsible for SWPPP implementation; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification statement is signed. The owner or operator must attach the certification statement(s) to the copy of the SWPPP that is maintained at the construction site. If new or additional contractors are hired to implement measures identified in the SWPPP after the commencement of construction activities, they must also sign the certification statement and provide the information listed above prior to performing construction activities. 31 Part III.B. B. Required SWPPP Contents 1. Erosion and sediment control component -The owner or operator must prepare a SWPPP that includes erosion and sediment control practices. a. Erosion and sediment control practices must be designed: i. in conformance with the BB; or ii. equivalent to the BB if deviating from Part III.B.1.a.i. b. If the erosion and sediment control practices are designed in conformance with Part III.B.1.a.ii., the SWPPP must include a demonstration of equivalence to the BB. c. At a minimum, the erosion and sediment control component of the SWPPP must include the following: i. Background information about the scope of the project, including the location, type and size of project; and ii. A site map/construction drawing(s) with north arrows for the project, including a general location map. At a minimum, the site map must show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); floodplain/floodway boundaries; wetlands and drainage patterns that could be affected by the construction activity; existing and final contours; locations of different soil types with boundaries; material, waste, borrow or equipment storage areas located on adjacent properties; and location(s) of the stormwater discharge(s) and receiving surface water(s); and iii. A description of the soil(s) present at the site, including an identification of the Hydrologic Soil Group (HSG); and iv. A phasing plan for the project and sequencing plans for all phases, both of which must address clearing and grubbing, excavation and grading, utility and infrastructure installation, final stabilization, 32 Part III.B.1.c.iv. and any other construction activity at the site that will result in soil disturbance. 1. The phasing plan must include: a. a map delineating and labeling the limits of soil disturbance for all phases of a project; and b. a table identifying the order and intended schedule of when each phase will begin and end its sequencing plan. The table must identify the total disturbed area for each phase at any one time and the total disturbed area for the overall project at any one time all on one timeline showing all overlapping quantities of disturbed area at any one time; and 2. A sequencing plan for a specific phase must include: a. a table indicating the order and intended schedule of construction activities within a phase, and corresponding construction drawings with a description of the work to be performed; and b. all permanent and temporary stabilization measures; and v. A description of the minimum erosion and sediment control practices to be installed or implemented for each construction activity that will result in soil disturbance. Include a schedule that identifies the timing of initial placement or implementation of each erosion and sediment control practice and the minimum time frames that each practice should remain in place or be implemented; and vi. A site map/construction drawing(s) showing the specific location(s), size(s), and length(s) of each erosion and sediment control practice; and vii. The dimensions, material specifications, installation details, and operation and maintenance requirements for all erosion and sediment control practices. Include the location and sizing of any 33 Part III.B.1.c.vii. temporary sediment basins and structural practices that will be used to divert flows from exposed soils; and viii. A maintenance inspection schedule for the contractor(s) and subcontractor(s) identified in Part III.A.7. to ensure continuous and effective operation of the erosion and sediment control practices. The maintenance inspection schedule must be in accordance with the requirements in the BB technical standard; and ix. A description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in the stormwater discharges; and x. A description and location of any stormwater discharges associated with industrial activity other than construction at the site, including, but not limited to, stormwater discharges from asphalt plants and concrete plants located on the construction site; and xi. Identification of any elements of the design that are not in conformance with the design criteria in the BB technical standard. Include the reason for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standard. 2. SMP component – The owner or operator of construction activity identified in Table 2 of Appendix B must prepare a SWPPP that includes SMPs. a. SMPs must be designed in conformance with the applicable sizing criteria in Part II.C.2.a., c., or d.; and b. SMPs must be designed in conformance with the performance criteria: i. in the DM; or ii. equivalent to the DM if deviating from Part III.B.2.b.i.; or iii. in the New York State Stormwater Management Design Manual, dated January 2015 (2015 Design Manual), or equivalent to it, if the following criteria are met: 34 Part III.B.2.b.iii.1. 1. The eNOI is submitted in accordance with Part I.D. before January 29, 2027 for construction activities that are either: a. subject to governmental review and approval: i. where the owner or operator made any application to that governmental entity prior to the effective date of this permit; and ii. such application included a SWPPP developed using the 2015 Design Manual or equivalent to it; or b. not subject to governmental review and approval: i. where a fiscal allocation for the construction activities has been developed and approved by a governmental entity; and ii. the SWPPP was developed using the 2015 Design Manual or equivalent to it; and c. If SMPs are designed in conformance with Part III.B.2.b.ii., the SWPPP must include the reason(s) for the deviation or alternative design and a demonstration of equivalence to the DM; and d. If SMPs are designed in conformance with Part III.B.2.b.iii., the SWPPP must include supporting information or documentation demonstrating that Part III.B.2.b.iii.1.a. or b. apply; and e. The SMP component of the SWPPP must include the following: i. Identification of all SMPs to be constructed as part of the project, including which option the SMP designs conform to, either Part III.B.2.b.i., ii., or iii. Include the dimensions, material specifications and installation details for each SMP; and ii. A site map/construction drawing(s) showing the specific location and size of each SMP; and 35 Part III.B.2.e.iii. iii. A Stormwater Modeling and Analysis Report that includes: (i) Map(s) showing pre-development conditions, including watershed/subcatchments boundaries, flow paths/routing, and design points; and (ii) Map(s) showing post-development conditions, including watershed/subcatchments boundaries, flow paths/routing, design points and SMPs; and (iii) Results of stormwater modeling (i.e. hydrology and hydraulic analysis) for the required storm events. Include supporting calculations (model runs), methodology, and a summary table that compares pre-and post-development runoff rates and volumes for the different storm events; and (iv) Summary table, with supporting calculations, which demonstrates that each SMP has been designed in conformance with the sizing criteria included in the DM; and (v) Identification of any sizing criteria that is not required based on the requirements included in Part II.C.; and (vi) Identification of any elements of the design that are not in conformance with the performance criteria in the DM. Include the reason(s) for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the DM. iv. Soil testing results and locations (test pits, borings); and v. Infiltration test results, when required in accordance with Part III.B.2.a.; and vi. An operations and maintenance plan that includes inspection and maintenance schedules and actions to ensure continuous and effective operation of each SMP. The plan must identify the entity 36 Part III.B.2.e.vi. that will be responsible for the long-term operation and maintenance of each practice; and 3. Enhanced Phosphorus Removal Standards -The owner or operator of construction activity identified in Table 2 of Appendix B that is located in a watershed identified in Appendix C must prepare a SWPPP that includes SMPs designed in conformance with the applicable sizing criteria in Part II.C.2.b., c., or d. and the performance criteria Enhanced Phosphorus Removal Standards included in the DM. At a minimum, the SMP component of the SWPPP must meet the requirements of Part III.B.2. C. Required SWPPP Components by Project Type Owners or operators of construction activities, identified in Table 1 of Appendix B, are required to prepare a SWPPP that only includes erosion and sediment control practices designed in accordance with Part III.B.1. Owners or operators of the construction activities, identified in Table 2 of Appendix B, must prepare a SWPPP that also includes SMPs designed in accordance with Part III.B.2 or 3. For the entire area of disturbance, including the entire common plan of development or sale if applicable, the owner or operator must evaluate every bullet from Appendix B Table 1 and Table 2 separately. If bullets from both Table 1 and Table 2 apply, the SWPPP must include erosion and sediment control practices for all construction activities but SMPs for only those portions of the construction activities that fall under Table 2 bullet(s). Part IV. Inspection and Maintenance Requirements A. General Construction Site Inspection and Maintenance Requirements 1. The owner or operator must ensure that all erosion and sediment control practices (including pollution prevention measures), and all SMPs identified in the SWPPP, are inspected and maintained in accordance with Part IV.B. and C. B. Contractor Maintenance Inspection Requirements 1. The owner or operator of each construction activity, identified in Tables 1 and 2 of Appendix B, must have a trained contractor inspect the erosion and sediment control practices and pollution prevention measures being 37 Part IV.B.1. implemented within the active work area daily to ensure that they are being maintained in effective operating condition at all times. If deficiencies are identified, the contractor must: a. if the corrective action does not require engineering design: i. begin implementing corrective actions within one business day; and ii. complete the corrective actions within five business days; or b. if the corrective action requires engineering design: i. begin the engineering design process within five business days; and ii. complete the corrective action in a reasonable time frame but no later than within 60 calendar days. 2. For construction sites where soil disturbance activities have been temporarily suspended (e.g. winter shutdown) and temporary stabilization measures have been applied to all disturbed areas, the trained contractor can stop conducting the maintenance inspections in accordance with Part IV.B.1. The trained contractor must begin conducting the maintenance inspections in accordance with Part IV.B.1. as soon as soil disturbance activities resume. 3. For construction sites where soil disturbance activities have been shut down with partial project completion, the trained contractor can stop conducting the maintenance inspections in accordance with Part IV.B.1. if all areas disturbed as of the project shutdown date have achieved final stabilization and all SMPs required for the completed portion of the project have been constructed in conformance with the SWPPP and are operational. C. Qualified Inspector Inspection Requirements 1. With the exception of the following construction activities identified in Tables 1 and 2 of Appendix B, a qualified inspector must conduct site inspections for all other construction activities identified in Tables 1 and 2 of Appendix B: a. the construction of a single-family residential subdivision with 25% or less impervious cover at total site build-out that involves a soil disturbance of one (1) or more acres of land but less than or equal to five (5) acres and is 38 Part IV.C.1.a. not located in one of the watersheds listed in Appendix C and not directly discharging to one of the 303(d) segments listed in Appendix D; and b. the construction of a single-family home that involves soil disturbances of one (1) or more acres but less than or equal to five (5) acres and is not located in one of the watersheds listed in Appendix C and not directly discharging to one of the 303(d) segments listed in Appendix D; and c. construction on agricultural property that involves soil disturbances of one (1)or more acres but less than five (5) acres; and d. construction activities located in the New York City Watershed located east of the Hudson River, see Appendix C Figure 1, that involve soil disturbances of 5,000 square feet or more, but less than one acre. 2. The qualified inspector must conduct site inspections in accordance with the following timetable: a. For construction sites where soil disturbance activities are on-going, the qualified inspector must conduct a site inspection at least once every seven (7) calendar days; or b. For construction sites where soil disturbance activities are on-going and the owner or operator has received authorization in accordance with Part I.E.6. to disturb greater than five (5) acres of soil at any one time, the qualified inspector must conduct at least two (2) site inspections every seven (7) calendar days. The two (2) inspections must be separated by a minimum of two (2) full calendar days; or c. For construction sites where soil disturbance activities have been temporarily suspended (e.g. winter shutdown) and temporary stabilization measures have been applied to all disturbed areas, the qualified inspector must conduct a site inspection at least once every thirty (30) calendar days. The owner or operator must notify the DOW Water (SPDES) Program contact at the Regional Office (see contact information in Appendix E) or, in areas under the jurisdiction of a Traditional Land Use Control MS4 Operator, the Traditional Land Use Control MS4 Operator (provided the Traditional Land Use Control MS4 Operator is not the owner or operator of the construction activity) by hard copy or email prior to reducing the inspections to this frequency and again by hard copy or email prior to re-commencing construction; or 39 Part IV.C.2.d. d. For construction sites where soil disturbance activities have been shut down with partial project completion, the requirement to have the qualified inspector conduct inspections ceases if all areas disturbed as of the project shutdown date have achieved final stabilization and all SMPs required for the completed portion of the project have been constructed in conformance with the SWPPP and are operational. The owner or operator must notify the DOW Water (SPDES) Program contact at the Regional Office (see contact information in Appendix E) or, in areas subject to the review authority of Traditional Land Use Control MS4 Operator(s) in accordance with Part I.D.2.b.ii.1., the Traditional Land Use Control MS4 Operator(s) (provided the Traditional Land Use Control MS4 Operator(s) are not the owners or operators of the construction activity) in writing prior to the shutdown and again in writing prior to resuming construction activity. If soil disturbance activities are not resumed within 2 years from the date of shutdown, the owner or operator must terminate coverage by meeting the requirements of Part V; or e. For construction sites involving soil disturbance of one (1) or more acres that directly discharge to one of the 303(d) segments listed in Appendix D or is located in one of the watersheds listed in Appendix C, the qualified inspector must conduct at least two (2) site inspections every seven (7) calendar days. The two (2) inspections must be separated by a minimum of two (2) full calendar days. 3. At a minimum, the qualified inspector must inspect: a. all erosion and sediment control practices and pollution prevention measures to ensure integrity and effectiveness; and b. all SMPs under construction to ensure that they are constructed in conformance with the SWPPP; and c. all areas of disturbance that have not achieved final stabilization; and d. all points of discharge to surface waters of the State located within, or immediately adjacent to, the property boundaries of the construction site; and e. all points of discharge from the construction site. 40 Part IV.C.4. 4. The qualified inspector must prepare an inspection report subsequent to each and every inspection. At a minimum, the inspection report must include and/or address all of the following, for all construction activities except those listed in Part IV.C.1.: a. Permit identification number; and b. Date and time of inspection; and c. Name and title of person(s) performing inspection; and d. A description of the weather and soil conditions (e.g. dry, wet, saturated) at the time of the inspection, including the temperature at the time of the inspection; and e. A description of the condition of the runoff at all points of discharge from the construction site. This must include identification of any discharges of sediment from the construction site. Include discharges from conveyance systems (i.e. pipes, culverts, ditches, etc.) and overland flow; and f. A description of the condition of all surface waters of the State located within, or immediately adjacent to, the property boundaries of the construction site which receive runoff from disturbed areas. This must include identification of any discharges of sediment to the surface waters of the State; and g. Identification of all erosion and sediment control practices and pollution prevention measures that need repair or maintenance; and h. Identification of all erosion and sediment control practices and pollution prevention measures that were not installed properly or are not functioning as designed and need to be reinstalled or replaced; and i. Description and sketch (map) of areas with active soil disturbance activity, areas that have been disturbed but are inactive at the time of the inspection, and areas that have been stabilized (temporary and/or final) since the last inspection; and j. Estimates, in square feet or acres, of the following areas: 41 Part IV.C.4.j.i. i. Total area with active soil disturbance (not requiring either temporary stabilization or final stabilization); and ii. Total area with inactive soil disturbance (requiring either temporary stabilization or final stabilization); and iii. Total area that has achieved temporary stabilization; and iv. Total area that has achieved final stabilization; and k. Current stage of construction of all SMPs and identification of all construction activity on site that is not in conformance with the SWPPP and technical standards; and l. Corrective action(s) that must be taken to install, repair, replace or maintain erosion and sediment control practices and pollution prevention measures; and to correct deficiencies identified with the construction of the SMP(s); and m. Identification and status of all corrective actions that were required by previous inspection; and n. Digital photographs, with date stamp, that clearly show the condition of all practices that have been identified as needing corrective actions. The qualified inspector must attach color copies of the digital photographs to the inspection report being maintained onsite within seven (7) calendar days of the date of the inspection. The qualified inspector must also take digital photographs, with date stamp, that clearly show the condition of the practice(s) after the corrective action has been completed. The qualified inspector must attach paper color copies of the digital photographs to the inspection report that documents the completion of the corrective action work within seven (7) calendar days of that inspection. 5. Within one business day of the completion of an inspection, the qualified inspector must notify the owner or operator, and appropriate contractor or subcontractor identified in Part III.A.7., of any corrective actions that need to be taken. The contractor or subcontractor must: a. if the corrective action does not require engineering design: 42 Part IV.C.5.a.i. i. begin implementing corrective actions within one business day; and ii. complete the corrective actions within five business days; or b. if the corrective action requires engineering design: i. begin the engineering design process within five business days; and ii. complete the corrective action in a reasonable time frame but no later than within 60 calendar days. 6. All inspection reports must be signed by the qualified inspector. In accordance with Part I.E.3., the inspection reports must be maintained on site with the SWPPP. Part V. How to Terminate CGP Coverage A. Electronic Notice of Termination (eNOT) Submittal The eNOT contains questions to ensure requirements in Part V.A. have been met. 1. An owner or operator must terminate coverage when one or more of the following requirements have been met: a. Total project completion: i. all construction activity identified in the SWPPP has been completed; and ii. all areas of disturbance have achieved final stabilization; and iii. all temporary, structural erosion and sediment control measures have been removed; and iv. all SMPs have been constructed in conformance with the SWPPP and are operational; and v. an as-built drawing has been prepared; or 43 Part V.A.1.b. b. Planned shutdown with partial project completion: i. all soil disturbance activities have ceased; and ii. all areas disturbed as of the project shutdown date have achieved final stabilization; and iii. all temporary, structural erosion and sediment control measures have been removed; and iv. all SMPs required for the completed portion of the project have been constructed in conformance with the SWPPP and are operational; and v. an as-built drawing has been prepared; or c. In accordance with Part I.G. Change of Owner or Operator; or d. The owner or operator has obtained coverage under an alternative general SPDES permit or an individual SPDES permit. 2. For construction activities that require qualified inspector inspections in accordance with Part IV.C.1. and have met Part V.A.1.a. or b., the owner or operator must have the qualified inspector perform a final site inspection prior to submitting the eNOT. The qualified inspector must, by signing the “Final Stabilization” and “Post-Construction Stormwater Management Practice(s)” certification statements on the eNOT, certify that all the requirements in Part V.A.1.a. or b. have been achieved. 3. For construction activities that are subject to the review authority of Traditional Land Use Control MS4 Operator(s) in accordance with Part I.D.2.b.ii.1. and meet Part V.A.1.a. or b., the owner or operator must have the Traditional Land Use Control MS4 Operator(s) sign the “MS4 Acceptance” statement on the eNOT in accordance with the requirements in Part VII.J. A Traditional Land Use Control MS4 Operator official, by signing this statement, determined that it is acceptable for the owner or operator to submit the eNOT in accordance with the requirements of this Part. A Traditional Land Use Control MS4 Operator can make this determination by performing a final site inspection themselves or by accepting the qualified inspector’s final site inspection certification(s) when required in Part V.A.2. 44 Part V.A.4. 4. For construction activities that require SMPs and meet Part V.A.1.a. or b., the owner or operator must, prior to submitting the eNOT, ensure one of the following: a. for SMP(s) that were constructed by a private entity, but will be owned, operated, and maintained by a public entity, the SMP(s) and any right-of- way(s) needed to operate and maintain such practice(s) have been deeded to the municipality in which the practice(s) is located; or b. for SMP(s) that are privately owned, but will be operated and maintained by a public entity, an executed operation and maintenance agreement is in place with the municipality that will operate and maintain the SMP(s); or c. for SMP(s) that are privately owned, the owner or operator has a mechanism in place that requires operation and maintenance of the practice(s) in accordance with the operation and maintenance plan, such as a deed covenant in the owner or operator’s deed of record; or d. for SMP(s) that are owned by a public or private institution (e.g. school, university, hospital), government agency or authority, or public utility, the owner or operator has policies and procedures in place that ensure operation and maintenance of the practices in accordance with the operation and maintenance plan. 5. An owner or operator that has met the requirements of Part V.A.1., 2., 3., and 4. must request termination of coverage under this permit by submitting a complete Notice of Termination form electronically using a NYSDEC approved form.5 a. The owner’s or operator’s coverage is terminated as of the termination date indicated in the Letter of Termination (LOT), which is sent by NYSDEC after a complete eNOT is submitted. 5 Unless NYSDEC grants a waiver in accordance with 40 CFR 127.15(c) or (d). All waiver requests must be submitted to Stormwater_info@dec.ny.gov or NYSDEC, Bureau of Water Permits, 625 Broadway, 4th Floor, Albany, New York 12233-3505. 45 Part VI. Part VI. Record Retention and Reporting A. Record Retention The owner or operator must retain a copy of the documents listed in Part I.E.3. and a copy of the LOT for a period of at least five years from the date that NYSDEC accepts a complete NOT submitted in accordance with Part V. B. Reporting Except for the eNOI, the signature forms associated with the eNOI, and the eNOT, all other written correspondence requested by NYSDEC, including individual permit applications, must be sent to the address of the appropriate DOW (SPDES) Program contact at the Regional Office listed in Appendix E. Part VII. Standard Permit Requirements For the purposes of this permit, examples of contractors and subcontractors include: third-party maintenance and construction contractors. A. Duty to Comply The owner or operator, and all contractors or subcontractors, must comply with all requirements of this permit. Any non-compliance with the requirements of this permit constitutes a violation of the New York State Environmental Conservation Law (ECL), and its implementing regulations, and is grounds for enforcement action. Filing of a request for termination of coverage under this permit, or a notification of planned changes or anticipated non-compliance, does not limit, diminish or stay compliance with any requirements of this permit. B. Need to Halt or Reduce Activity Not a Defense The necessity to halt or reduce the construction activity regulated by this permit, in order to maintain compliance with the requirements of this permit, must not be a defense in an enforcement action. C. Penalties There are substantial criminal, civil, and administrative penalties associated with violating the requirements of this permit. Fines of up to $37,500 per day for each 46 Part VII.C. violation and imprisonment for up to 15 years may be assessed depending upon the nature and degree of the offense. D. False Statements Any person who knowingly makes any false material statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance must, upon conviction, be punished in accordance with ECL §71-1933 and or New York State Penal Law Articles 175 and 210. E. Re-Opener Clause Upon issuance of this permit, a determination has been made on the basis of a submitted Notice of Intent, plans, or other available information, that compliance with the specified permit requirements will reasonably protect classified water use and assure compliance with applicable water quality standards. Satisfaction of the requirements of this permit notwithstanding, if operation pursuant to this permit causes or contributes to a condition in contravention of State water quality standards or guidance values, or if NYSDEC determines that a modification is necessary to prevent impairment of the best use of the waters or to assure maintenance of water quality standards or compliance with other provisions of ECL Article 17 or the Clean Water Act (CWA), or any regulations adopted pursuant thereto, NYSDEC may require such modification and the Commissioner may require abatement action to be taken by the owner or operator and may also prohibit such operation until the modification has been implemented. F. Duty to Mitigate The owner or operator, and its contractors and subcontractors, must take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. G. Requiring Another General Permit or Individual SPDES Permit NYSDEC may require any owner or operator authorized to discharge in accordance with this permit to apply for and obtain an individual SPDES permit or apply for authorization to discharge in accordance with another general SPDES permit. 1. Cases where an individual SPDES permit or authorization to discharge in accordance with another general SPDES permit may be required include, but is not limited to the following: 47 Part VII.G.1.a. a. the owner or operator is not in compliance with the conditions of this permit or does not meet the requirements for coverage under this permit; and b. a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; and c. new effluent limitation guidelines or new source performance standards are promulgated that are applicable to point sources authorized to discharge in accordance with this permit; and d. existing effluent limitation guidelines or new source performance standards that are applicable to point sources authorized to discharge in accordance with this permit are modified; and e. a water quality management plan containing requirements applicable to such point sources is approved by NYSDEC; and f. circumstances have changed since the time of the request to be covered so that the owner or operator is no longer appropriately controlled under this permit, or either a temporary or permanent reduction or elimination of the authorized discharge is necessary; and g. the discharge is in violation of section 17-0501 of the ECL; and h. the discharge(s) is a significant contributor of pollutants. In making this determination, NYSDEC may consider the following factors: i. the location of the discharge(s) with respect to surface waters of the State; and ii. the size of the discharge(s); and iii. the quantity and nature of the pollutants discharged to surface waters of the State; and iv. other relevant factors including compliance with other provisions of ECL Article 17, or the CWA. 2. When NYSDEC requires any owner or operator authorized by this permit to apply for an individual SPDES permit as provided for in this subdivision, it must notify the owner or operator in writing that a permit application is required. This notice must include a brief statement of the reasons for this decision, an application 48 Part VII.G.2. form, a statement setting a time for the owner or operator to file the application for an individual SPDES permit, and a deadline, not sooner than 180 days from the owner’s or operator's receipt of the notification letter, whereby the authorization to discharge under this permit must be terminated. NYSDEC may grant additional time upon demonstration, to the satisfaction of the RWE,6 that additional time to apply for an alternative authorization is necessary or where NYSDEC has not provided a permit determination in accordance with 6 NYCRR Part 621. 3. When an individual SPDES permit is issued to an owner or operator authorized to discharge under this permit for the same discharge(s), this permit authorization for construction activities authorized under the individual SPDES permit is automatically terminated on the effective date of the individual SPDES permit unless termination is earlier in accordance with 6 NYCRR Part 750. H. Duty to Provide Information The owner or operator must furnish to NYSDEC, within five business days, unless otherwise set forth by NYSDEC, any information that NYSDEC may request to determine whether cause exists to determine compliance with this permit or to determine whether cause exists for requiring an individual SPDES permit in accordance with 6 NYCRR 750-1.21(e) (see Part VII.G. Requiring Another General Permit or Individual Permit). The owner or operator must make available to NYSDEC, for inspection and copying, or furnish to NYSDEC within 25 business days of receipt of a NYSDEC request for such information, any information retained in accordance with this permit. Except for Part I.D.4. and 5. and Part I.G., the following applies: where the owner or operator becomes aware that it failed to submit any relevant facts on the Notice of Intent, or submitted incorrect information in a Notice of Intent or in any report to NYSDEC, the owner or operator must submit such facts or corrected information to NYSDEC within five business days. I. Extension In the event a new permit is not issued and effective prior to the expiration of this permit, and this permit is extended pursuant to the State Administrative Procedure Act and 6 NYCRR Part 621, then the owner or operator with coverage under this permit may continue to operate and discharge in accordance with the requirements of this permit until a new permit is issued and effective. 6 The Regional Water Manager where a DEC Region does not have a RWE. 49 Part VII.J. J. Signatories and Certification The Notice of Intent, Notice of Termination, and reports required by this permit must be signed as provided in 40 CFR §122.22. 1. All Notices of Intent and Notices of Termination must be signed as follows: a. For a corporation. By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-or decision-making functions for the corporation; or (ii) the manager of one or more manufacturing, production or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for Notice of Intent or Notice of Termination requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Note: NYSDEC does not require specific assignments or delegations of authority to responsible corporate officers identified in 40 CFR §122.22(a)(1)(i). NYSDEC will presume that these responsible corporate officers have the requisite authority to sign the Notice of Intent or Notice of Termination unless the corporation has notified NYSDEC to the contrary. Corporate procedures governing authority to sign a Notice of Intent or Notice of Termination may provide for assignment or delegation to applicable corporate positions under 40 CFR §122.22(a)(1)(ii) rather than to specific individuals. b. For a partnership or sole proprietorship. By a general partner or the proprietor, respectively. 50 Part VII.J.1.c. c. For a municipality, State, Federal, or other public agency. By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes: 1. the chief executive officer of the agency; or 2. a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of EPA). 2. All reports required by this permit, and other information requested by NYSDEC, must be signed by a person described in Part VII.J.1., or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described in Part VII.J.1. or using the Duly Authorized Form, found on the DEC website; and b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and c. The written authorization is submitted to NYSDEC. 3. Changes to authorization. If an authorization under Part VII.J.2. is no longer accurate because a different individual or position has responsibility for the overall operation of the construction activity, a new authorization satisfying the requirements of Part VII.J.2. must be submitted to NYSDEC prior to or together with any reports, information, or applications to be signed by an authorized representative. 4. Certification. Any person signing a document under Part VII.J.1. or 2. must make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who 51 Part VII.J.4. manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. 5. Electronic reporting. If documents described in Part VII.J.1. or 2. are submitted electronically by or on behalf of the construction activity with coverage under this permit, any person providing the electronic signature for such documents must meet all relevant requirements of this section, and must ensure that all of the relevant requirements of 40 CFR Part 3 (including, in all cases, subpart D to Part 3) (Cross-Media Electronic Reporting) and 40 CFR Part 127 (NPDES Electronic Reporting Requirements) are met for that submission. K. Inspection and Entry The owner or operator must allow NYSDEC, the USEPA Regional Administrator, the applicable county health department, or any authorized representatives of those entities, or, in the case of a construction site which discharges through an MS4, an authorized representative of the MS4 receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: 1. enter upon the owner’s or operator's premises where a regulated facility or activity is located or conducted or where records must be kept under the requirements of this permit; and 2. have access to and copy at reasonable times, any records that must be kept under the requirements of this permit, including records required to be maintained for purposes of operation and maintenance; and 3. inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices or operations regulated or required under this permit; and 4. sample or monitor at reasonable times, for the purposes of assuring general SPDES permit compliance or as otherwise authorized by the CWA or ECL, any substances or parameters at any location; and 5. enter upon the property of any contributor to the regulated facility or activity under authority of the owner or operator. 52       Part VII.L. L. Confidentiality of Information The following must not be held confidential: this permit, the fact sheet for this permit, the name and address of any owner or operator, effluent data, the Notice of Intent, and information regarding the need to obtain an individual permit or an alternative general SPDES permit. This includes information submitted on forms themselves and any attachments used to supply information required by the forms (except information submitted on usage of substances). Upon the request of the owner or operator, NYSDEC must make determinations of confidentiality in accordance with 6 NYCRR Part 616, except as set forth in the previous sentence. Any information accorded confidential status must be disclosed to the Regional Administrator upon his or her written request. Prior to disclosing such information to the Regional Administrator, NYSDEC will notify the Regional Administrator of the confidential status of such information. M. Other Permits May Be Required Nothing in this permit relieves the owner or operator from a requirement to obtain any other permits required by law. N. NYSDEC Orders or Civil Decrees/Judgments The issuance of this permit by the NYSDEC, and the coverage under this permit by the owner or operator, does not supersede, revoke, or rescind any existing order on consent or civil Decree/Judgment, or modification to any such documents or to any order issued by the Commissioner, or any of the terms, conditions, or requirements contained in such order or modification therefore, unless expressly noted. O. Property Rights Coverage under this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations, nor does it obviate the necessity of obtaining the assent of any other jurisdiction as required by law for the discharge authorized. P. Compliance with Interstate Standards If the construction activity covered by this permit originates within the jurisdiction of an interstate water pollution control agency, then the construction activity must also comply with any applicable effluent standards or water quality standards promulgated by that interstate agency and as set forth in this permit for such construction activities. 53 Part VII.Q. Q. Oil and Hazardous Substance Liability Coverage under this permit does not affect the imposition of responsibilities upon, or the institution of any legal action against, the owner or operator under section 311 of the CWA, which must be in conformance with regulations promulgated pursuant to section 311 governing the applicability of section 311 of the CWA to discharges from facilities with NPDES permits, nor must such issuance preclude the institution of any legal action or relieve the owner or operator from any responsibilities, liabilities, or penalties to which the owner or operator is or may be subject pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. section 9601 et seq. (CERCLA). R. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, must not be affected thereby. S. NYSDEC Approved Forms The owner or operator must provide all relevant information that is requested by NYSDEC, and required by this permit, on all NYSDEC approved forms. 54 Appendix A APPENDIX A – Abbreviations and Definitions Abbreviations APO – Agency Preservation Officer BB – New York State Standards and Specifications for Erosion and Sediment Control (Blue Book), dated November 2016 BMP – Best Management Practice CPESC – Certified Professional in Erosion and Sediment Control CPv – Channel Protection Volume CWA – Clean Water Act (or the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq) DM – New York State Stormwater Management Design Manual (Design Manual), dated July 31, 2024 DOW – Division of Water EAF – Environmental Assessment Form ECL – chapter 43-B of the Consolidated Laws of the State of New York, entitled the Environmental Conservation Law EPA – U.S. Environmental Protection Agency HSG – Hydrologic Soil Group MS4 – Municipal Separate Storm Sewer System NOI – Notice of Intent NOT – Notice of Termination NPDES – National Pollutant Discharge Elimination System NYC – The City of New York NYCDEP – The City of New York Department of Environmental Protection NYSDEC – The New York State Department of Environmental Conservation OPRHP – Office of Parks, Recreation and Historic Places Qf – Extreme Flood Qp – Overbank Flood RR – Runoff Reduction RRv – Runoff Reduction Volume RWE – Regional Water Engineer SEQR – State Environmental Quality Review Act SHPA – State Historic Preservation Act SMP – Post-Construction Stormwater Management Practice SPDES – State Pollutant Discharge Elimination System SWPPP – Stormwater Pollution Prevention Plan TMDL – Total Maximum Daily Load UPA – Uniform Procedures Act USDA – United States Department of Agriculture WQv – Water Quality Volume 55 Appendix A Definitions All definitions in this section are solely for the purposes of this permit. If a word is not italicized in the permit, use its common definition. Agricultural Building – a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products; excluding any structure designed, constructed or used, in whole or in part, for human habitation, as a place of employment where agricultural products are processed, treated or packaged, or as a place used by the public. Agricultural Property – the land for construction of a barn, agricultural building, silo, stockyard, pen or other structural practices identified in Table II in the “Agricultural Best Management Practice Systems Catalogue” (dated June 2023). Alter Hydrology from Pre-to Post-Development Conditions – the post-development peak flow rate(s) has increased by more than 5% of the pre-developed condition for the design storm of interest (e.g. 10 yr and 100 yr). Combined Sewer System – a sewer system which conveys sewage and stormwater through a single pipe system to a publicly owned treatment works. Commence (Commencement of) Construction Activities – the initial disturbance of soils associated with clearing, grading or excavation activities; or other construction related activities that disturb or expose soils such as demolition, stockpiling of fill material, and the initial installation of erosion and sediment control practices required in the SWPPP. See definition for “Construction Activity(ies)” also. Common Plan of Development or Sale – a contiguous area where multiple separate and distinct construction activities are occurring, or may occur, under one plan. The “common plan” of development or sale is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, marketing plan, advertisement, drawing, permit application, State Environmental Quality Review Act (SEQR) environmental assessment form or other documents, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot. A common plan of development or sale is comprised of two or more phases. Common plan of development or sale does not include separate and distinct construction activities that are occurring, or may occur, under one plan that are at least 1/4 mile apart provided any interconnecting road, pipeline or utility project that is part of the same “common plan” is not concurrently being disturbed. 56 Appendix A Construction Activity(ies) – identified within 40 CFR 122.26(b)(14)(x), 122.26(b)(15)(i), and 122.26(b)(15)(ii), any clearing, grading, excavation, filling, demolition or stockpiling activities that result in soil disturbance. Clearing activities can include, but are not limited to, mechanized logging equipment operation, the cutting and skidding of trees, stump removal and/or brush root removal. Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility, which is excluded from the calculation of the soil disturbance for a project. Routine maintenance includes, but is not limited to: Re-grading of gravel roads or parking lots; and Cleaning and shaping of existing roadside ditches and culverts that maintains the approximate original line and grade, and maintains or improves the hydraulic capacity of the ditch; and Replacement of existing culverts that maintains the approximate original line and grade, and maintains or improves the hydraulic capacity of a ditch; and Replacement of existing bridges that maintains the approximate original line and grade, and maintains or improves the hydraulic capacity beneath the bridges; and Cleaning and shaping of existing roadside ditches that does not maintain the approximate original grade, hydraulic capacity and purpose of the ditch if the changes to the line and grade, hydraulic capacity or purpose of the ditch are installed to improve water quality and quantity controls (e.g. installing grass lined ditch); and Placement of aggregate shoulder backing that stabilizes the transition between the road shoulder and the ditch or embankment; and Full depth milling and filling of existing asphalt pavements, replacement of concrete pavement slabs, and similar work that does not expose soil or disturb the bottom six (6) inches of subbase material; and Long-term use of equipment storage areas at or near highway maintenance facilities; and Removal of sediment from the edge of the highway to restore a previously existing sheet-flow drainage connection from the highway surface to the highway ditch or embankment; and Existing use of Canal Corp owned upland disposal sites for the canal, and Replacement of curbs, gutters, sidewalks and guide rail posts; and Maintenance of ski trails including brush hog use and mowing; and Above ground snowmaking pipe replacement; and Replacement of existing utility poles; etc. Construction Site – the land area where construction activity(ies) will occur. See also the definitions for “Commence (Commencement of) Construction Activities” and “Common Plan of Development or Sale.” 57 Appendix A Dewatering – the act of draining rainwater and/or groundwater from building foundations, vaults or excavations/trenches. Directly Discharge(s)(ing) (to a specific surface waterbody) – runoff flows from a construction site by overland flow and the first point of discharge is the specific surface waterbody, or runoff flows from a construction site to a separate storm sewer system and the first point of discharge from the separate storm sewer system is the specific surface waterbody. Discharge(s)(d) – any addition of any pollutant to waters of the State through an outlet or point source. Embankment – an earthen or rock slope that supports a road/highway. Equivalent (Equivalence) – the practice or measure meets all the performance, longevity, maintenance, and safety objectives of the technical standard and will provide an equal or greater degree of water quality protection. Final Stabilization – all soil disturbance activities have ceased and a uniform, perennial vegetative cover with a density of eighty (80) percent over the entire pervious surface has been established; or other equivalent stabilization measures, such as permanent landscape mulches, rock rip-rap or washed/crushed stone have been applied on all disturbed areas that are not covered by permanent structures, concrete or pavement. Historic Property – any building, structure, site, object or district that is listed on the State or National Registers of Historic Places or is determined to be eligible for listing on the State or National Registers of Historic Places. Impervious Area (Cover) – all impermeable surfaces that cannot effectively infiltrate rainfall. This includes paved, concrete and compacted gravel surfaces (i.e. parking lots, driveways, roads, runways and sidewalks); building rooftops and miscellaneous impermeable structures such as patios, pools, and sheds. Infeasible – not technologically possible, or not economically practicable and achievable considering best industry practices. Minimize(ing)(ation) – reduce and/or eliminate to the extent achievable using control measures (including best management practices) that are technologically available and economically practicable and achievable in light of best industry practices. Municipal Separate Storm Sewer System (MS4) -a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): 58 Appendix A 1. owned or operated by a State, city, town, village, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA, that discharges to surface waters of the State; and 2. designed or used for collecting or conveying stormwater; and 3. which is not a combined sewer system; and 4. which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2. Natural Buffer(s) – an undisturbed area with natural cover running along a surface water (e.g. wetland, stream, river, lake, etc.). New Development – any land disturbance that does not meet the definition of Redevelopment Activity included in this appendix. New York State Erosion and Sediment Control Certificate Program – a certificate program that establishes and maintains a process to identify and recognize individuals who are capable of developing, designing, inspecting and maintaining erosion and sediment control plans on projects that disturb soils in New York State. The certificate program is administered by the New York State Conservation District Employees Association. Nonpoint Source(s) – any source of water pollution or pollutants which is not a discrete conveyance or point source permitted pursuant to Title 7 or 8 of Article 17 of the Environmental Conservation Law (see ECL Section 17-1403). Overbank – flow events that exceed the capacity of the stream channel and spill out into the adjacent floodplain. Owner or Operator – the person, persons, or legal entity which owns or leases the property on which the construction activity is occurring; an entity that has operational control over the construction plans and specifications, including the ability to make modifications to the plans and specifications; and/or an entity that has day-to-day operational control of those activities at a project that are necessary to ensure compliance with the permit requirements. 59 Appendix A Performance Criteria – the six performance criteria for each group of SMPs in Chapters 5 and 6 of the technical standard, New York State Stormwater Management Design Manual (DM), dated July 31, 2024. These include feasibility, conveyance, pretreatment, treatment, landscaping, and maintenance. It does not include the Sizing Criteria (i.e. WQv, RRv, CPv, Qp and Qf) in Part I.C.2. of the permit. Phase – a defined area in which construction activities are occurring or will occur separate from other defined area(s). Point Source – any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel or other floating craft, or landfill leachate collection system from which pollutants are or may be discharged. Pollutant(s) – dredged spoil, filter backwash, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water; which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards or guidance values adopted as provided in 6 NYCRR Parts 700 et seq. Qualified Inspector – a person that is knowledgeable in the principles and practices of erosion and sediment control, such as a licensed Professional Engineer, Certified Professional in Erosion and Sediment Control (CPESC), Registered Landscape Architect, New York State Erosion and Sediment Control Certificate Program holder or other NYSDEC endorsed individual(s). It can also mean someone working under the direct supervision of, and at the same company as, the licensed Professional Engineer or Registered Landscape Architect, provided that person has training in the principles and practices of erosion and sediment control. Training in the principles and practices of erosion and sediment control means that the individual working under the direct supervision of the licensed Professional Engineer or Registered Landscape Architect has received four (4) hours of NYSDEC endorsed training in proper erosion and sediment control principles from a Soil and Water Conservation District, or other NYSDEC endorsed entity. After receiving the initial training, the individual working under the direct supervision of the licensed Professional Engineer or Registered Landscape Architect shall receive four (4) hours of training every three (3) years. It can also mean a person that meets the Qualified Professional qualifications in addition to the Qualified Inspector qualifications. Note: Inspections of any SMPs that include structural components, such as a dam for an impoundment, shall be performed by a licensed Professional Engineer. 60 Appendix A Qualified Professional – a person that is knowledgeable in the principles and practices of stormwater management and treatment, such as a licensed Professional Engineer, Registered Landscape Architect or other NYSDEC endorsed individual(s). Individuals preparing SWPPPs that require the SMP component must have an understanding of the principles of hydrology, water quality management practice design, water quantity control design, and, in many cases, the principles of hydraulics. All components of the SWPPP that involve the practice of engineering, as defined by the NYS Education Law (see Article 145), shall be prepared by, or under the direct supervision of, a professional engineer licensed to practice in the State of New York. Redevelopment Activity(ies) – the disturbance and reconstruction of existing impervious area, including impervious areas that were removed from a project site within five (5) years of preliminary project plan submission to the local government (i.e. site plan, subdivision, etc.). Renewable Energy – electricity or thermal energy generated by renewable energy systems through use of the following technologies: solar thermal, photovoltaics, on land and offshore wind, hydroelectric, geothermal electric, geothermal ground source heat, tidal energy, wave energy, ocean thermal, and fuel cells which do not utilize a fossil fuel resource in the process of generating electricity. Site Limitations – site conditions that prevent the use of an infiltration technique and or infiltration of the total WQv. Typical site limitations include: seasonal high groundwater, shallow depth to bedrock, and soils with an infiltration rate less than 0.5 inches/hour. The existence of site limitations shall be confirmed and documented using actual field testing (i.e. test pits, soil borings, and infiltration test) or using information from the most current United States Department of Agriculture (USDA) Soil Survey for the County where the project is located. Sizing Criteria – the criteria included in Part I.C.2 of the permit that are used to size SMPs. The criteria include; Water Quality Volume (WQv), Runoff Reduction Volume (RRv), Channel Protection Volume (Cpv), Overbank Flood (Qp), and Extreme Flood (Qf). Steep Slope – land area designated on the current United States Department of Agriculture (USDA) Soil Survey as Soil Slope Phase D, (provided the map unit name or description is inclusive of slopes greater than 25%), or Soil Slope Phase E or F, (regardless of the map unit name), or a combination of the three designations. Stormwater – that portion of precipitation that, once having fallen to the ground, is in excess of the evaporative or infiltrative capacity of soils, or the retentive capacity of surface features, which flows or will flow off the land by surface runoff to waters of the State. 61 Appendix A Streambank – the terrain alongside the bed of a creek or stream. The bank consists of the sides of the channel, between which the flow is confined. Stormwater Pollution Prevention Plan (SWPPP) – a project specific report, including construction drawings, that among other things: describes the construction activity(ies), identifies the potential sources of pollution at the construction site; describes and shows the stormwater controls that will be used to control the pollutants (i.e. erosion and sediment controls; for many projects, includes SMPs); and identifies procedures the owner or operator will implement to comply with the requirements of the permit. See Part III of the permit for a complete description of the information that must be included in the SWPPP. Surface Waters of the State – shall be construed to include lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface waters), which are wholly or partially within or bordering the state or within its jurisdiction. Waters of the state are further defined in 6 NYCRR Parts 800 to 941. Temporarily Ceased – an existing disturbed area will not be disturbed again within 14 calendar days of the previous soil disturbance. Temporary Stabilization – exposed soil has been covered with material(s) as set forth in the technical standard, New York Standards and Specifications for Erosion and Sediment Control, to prevent the exposed soil from eroding. The materials can include, but are not limited to, mulch, seed and mulch, and erosion control mats (e.g. jute twisted yarn, excelsior wood fiber mats). Total Maximum Daily Load (TMDL) – the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. It is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL stipulates Waste Load Allocations (WLA) for point source discharges, Load Allocations (LA) for nonpoint sources, and a margin of safety (MOS). Traditional Land Use Control MS4 Operator – a city, town, or village with land use control authority that is authorized to discharge under New York State DEC’s SPDES General Permit For Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s) or the City of New York’s Individual SPDES Permit for their Municipal Separate Storm Sewer Systems (NY-0287890). Trained Contractor – an employee from the contracting (construction) company, identified in Part III.A.7., that has received four (4) hours of NYSDEC endorsed training 62 Appendix A in proper erosion and sediment control principles from a Soil and Water Conservation District, or other NYSDEC endorsed entity. After receiving the initial training, the trained contractor shall receive four (4) hours of training every three (3) years. It can also mean an employee from the contracting (construction) company, identified in Part III.A.7., that meets the qualified inspector qualifications (e.g. licensed Professional Engineer, Certified Professional in Erosion and Sediment Control (CPESC), Registered Landscape Architect, New York State Erosion and Sediment Control Certificate Program holder, or someone working under the direct supervision of, and at the same company as, the licensed Professional Engineer or Registered Landscape Architect, provided they have received four (4) hours of NYSDEC endorsed training in proper erosion and sediment control principles from a Soil and Water Conservation District, or other NYSDEC endorsed entity). The trained contractor is responsible for the day-to-day implementation of the SWPPP. Tree Clearing – construction activities limited to felling and removal of trees. Tree clearing does not include hand felling and leaving the trees in place with no support from mechanized equipment, which is not considered construction activity requiring coverage under this permit. Water Quality Standard – such measures of purity or quality for any waters in relation to their reasonable and necessary use as promulgated in 6 NYCRR Part 700 et seq. 63 Appendix B APPENDIX B – Required SWPPP Components by Project Type Table 1 CONSTRUCTION ACTIVITIES THAT REQUIRE THE PREPARATION OF A SWPPP THAT ONLY INCLUDES EROSION AND SEDIMENT CONTROLS The following construction activities that involve soil disturbances of one (1) or more acres of land, but less than five (5) acres: • Single-family home not located in one of the watersheds listed in Appendix C and not directly discharging to one of the 303(d) segments listed in Appendix D • Single-family residential subdivisions with 25% or less impervious cover at total site build-out and not located in one of the watersheds listed in Appendix C and not directly discharging to one of the 303(d) segments listed in Appendix D • Construction of a barn or other agricultural building, silo, stock yard or pen. • Structural agricultural conservation practices as identified in Table II in the “Agricultural Best Management Practice Systems Catalogue” (dated June 2023) that include construction or reconstruction of impervious area or alter hydrology from pre- to post-development conditions. The following construction activities that involve soil disturbances between five thousand (5000) square feet and one (1) acre of land: • All construction activities located in the New York City Watershed located east of the Hudson River, see Appendix C Figure 1, that involve soil disturbances between five thousand (5,000) square feet and one (1) acre of land. Within the municipal boundaries of NYC: • Stand-alone road reconstruction, where the total soil disturbance from only that road construction, is less than one (1) acre of land. The following construction activities: • Installation of underground linear utilities; such as gas lines, fiber-optic cable, cable TV, electric, telephone, sewer mains, and water mains • Environmental enhancement projects, such as wetland mitigation, stormwater retrofits, stream restoration, and resiliency projects that reconstruct shoreline areas to address sea level rise • Pond construction • Linear bike paths running through areas with vegetative cover, including bike paths surfaced with an impervious cover • Cross-country ski trails, walking/hiking trails, and mountain bi king trails, including a de minimis parking lot (maximum 10 spaces total, sized for passenger cars) with 35 feet minimum preservation of un disturbed area downgradient from the parking lot • Dam rehabilitation (the structure of the dam itself) • Sidewalks, bike paths, or walking paths, surfaced with an impervious cover, that are not part of residential, commercial, or institutional development; • Sidewalks, bike paths, or walking paths, surfaced with an impervious cover, that include incidental shoulder or curb work along an existing highway to support construction of the sidewalk, bike path, or walking path. 64 Appendix B Table 1 (Continued) CONSTRUCTION ACTIVITIES THAT REQUIRE THE PREPARATION OF A SWPPP THAT ONLY INCLUDES EROSION AND SEDIMENT CONTROLS The following construction activities: • Slope stabilization • Slope flattening that changes the grade of the site, but does not significantly change the runoff characteristics • Spoil areas that will be covered with vegetation • Vegetated open space (i.e. recreational parks, lawns, meadows, fields, downhill ski trails) that do not alter hydrology from pre-to post-development conditions • Athletic fields (natural grass) that do not include the construction or reconstruction of impervious area and do not alter hydrology from pre-to post-development conditions • Demolition where vegetation will be established, and no redevelopment activity is planned1 • Installation or replacement of either an overhead electric transmission line or a ski lift tower that does not include the construction of permanent access roads or parking areas surfaced with impervious cover. • Solar array field areas that have tables elevated off the ground, spaced one table width apart, do not alter hydrology from pre-to post-development conditions, and address water quality volume and runoff reduction volume by maintaining sheet flow on slopes less than 8%. • Structural agricultural conservation practices as identified in Table II in the “Agricultural Best Management Practice Systems Catalogue” (dated June 2023) that do not include construction or reconstruction of impervious area and do not alter hydrology from pre-to post-development conditions. • Temporary access roads, median crossovers, detour roads, lanes, or other temporary impervious areas that will be restored to pre-construction conditions once the construction activity is complete (in this context, “temporary” means the impervious area will be in place for two years or less) • Other construction activities that do not include the construction or reconstruction of impervious area, and do not alter hydrology from pre-to post-development conditions, and are not listed in Table 2. 1.If the site is redeveloped in the future, a new eNOI must be submitted. 65 Appendix B Table 2 CONSTRUCTION ACTIVITIES THAT REQUIRE THE PREPARATION OF A SWPPP THAT INCLUDES POST-CONSTRUCTION STORMWATER MANAGEMENT PRACTICES (SMPS) The following construction activities: • Single-family home located in one of the watersheds listed in Appendix C or directly discharging to one of the 303(d) segments listed in Appendix D • Single-family home that disturbs five (5) or more acres of land • Single-family residential subdivisions located in one of the watersheds listed in Appendix C or directly discharging to one of the 303(d) segments listed in Appendix D • Single-family residential subdivisions that involve soil disturbances of between one (1) and five (5) acres of land with greater than 25% impervious cover at total site build-out • Single-family residential subdivisions that involve soil disturbances of between 20,000 square feet and one (1) acre of land within the municipal boundaries of NYC with greater than 25% impervious cover at total site build-out • Single-family residential subdivisions that involve soil disturbances of five (5) or more acres of land, and single-family residential subdivisions that involve soil disturbances of less than five (5) acres that are part of a common plan of development or sale that will ultimately disturb five (5) or more acres of land • Multi-family residential developments; includes duplexes, townhomes, condominiums, senior housing complexes, apartment complexes, and mobile home parks • Creation of 5,000 square feet or more of impervious area in the municipal boundaries of NYC • Airports • Amusement parks • Breweries, cideries, and wineries, including establishments constructed on agricultural land • Campgrounds • Cemeteries that include the construction or reconstruction of impervious area (>5% of disturbed area) or alter the hydrology from pre-to post-development conditions • Commercial developments • Churches and other places of worship • Construction of a barn or other agricultural building (e.g. silo) that involves soil disturbance greater than five acres. • Structural agricultural conservation practices as identified in Table II in the “Agricultural Best Management Practice Systems Catalogue” (dated June 2023) that involves soil disturbance greater than five acres and include the construction or reconstruction of impervious area or alter hydrology from pre-to post-development conditions. • Facility buildings, including ski lodges, restroom buildings, pumphouses, ski lift terminals, and maintenance and groomer garages • Institutional development; includes hospitals, prisons, schools and colleges • Industrial facilities; includes industrial parks • Landfills; including creation of landfills or capping landfills. • Municipal facilities; includes highway garages, transfer stations, office buildings, POTWs, water treatment plants, and water storage tanks • Golf courses • Office complexes 66 Appendix B Table 2 (Continued) CONSTRUCTION ACTIVITIES THAT REQUIRE THE PREPARATION OF A SWPPP THAT INCLUDES POST-CONSTRUCTION STORMWATER MANAGEMENT PRACTICES (SMPS) The following construction activities: • Permanent laydown yards and equipment storage lots • Playgrounds that include the construction or reconstruction of impervious area • Sports complexes • Racetracks; includes racetracks with earthen (dirt) surfaces • Road construction or reconstruction, outside the municipal boundaries of NYC • Road construction within the municipal boundaries of NYC • Stand-alone road reconstruction, within the municipal boundaries of NYC where the total soil disturbance from that road reconstruction involves soil disturbance of one (1) acre or more of land • Parking lot construction or reconstruction (as with all Table 2 bullets, this includes parking lots constructed as part of the construction activities listed in Table 1, unless a Table 1 bullet specifies otherwise) • Athletic fields (natural grass) that include the construction or reconstruction of impervious area (>5% of disturbed area) or alter the hydrology from pre-to post-development conditions • Athletic fields with artificial turf • Permanent access roads, parking areas, substations, compressor stations, and well drilling pads, surfaced with impervious cover, and constructed as part of an overhead electric transmission line, wind-power, cell tower, oil or gas well drilling, sewer or water main, ski lift, or other linear utility project • Sidewalks, bike paths, or walking paths, surfaced with an impervious cover, that are part of a residential, commercial or institutional development • Sidewalks, bike paths, or walking paths, surfaced with an impervious cover, that are part of highway construction or reconstruction • Solar array field areas on slopes greater than 8% that cannot maintain sheet flow using management practices identified in the BB or the DM • Solar array field areas on slopes less than 8% that will alter the hydrology from pre-to post- development conditions • Solar array field areas with tables that are not elevated high enough to achieve final stabilization beneath the tables • Traditional impervious areas associated with solar development (e.g. roads, buildings, transformers) • Utility pads surfaced with impervious cover, including electric vehicle charging stations • All other construction activities that include the construction or reconstruction of impervious area or alter the hydrology from pre-to post-development conditions, and are not listed in Table 1 67 Appendix C APPENDIX C – Watersheds Requiring Enhanced Phosphorus Removal Watersheds where owners or operators of construction activities identified in Table 2 of Appendix B must prepare a SWPPP that includes SMPs designed in conformance with the Enhanced Phosphorus Removal Standards included in the DM technical standard. • Entire New York City Watershed located east of the Hudson River – Figure 1 • Onondaga Lake Watershed – Figure 2 • Greenwood Lake Watershed – Figure 3 • Oscawana Lake Watershed – Figure 4 • Kinderhook Lake Watershed – Figure 5 68 Appendix C Figure 1 -New York City Watershed East of the Hudson 69 Appendix C Figure 2 -Onondaga Lake Watershed 70 Appendix C Figure 3 -Greenwood Lake Watershed 71 Appendix C Figure 4 -Oscawana Lake Watershed 72 Appendix C Figure 5 -Kinderhook Lake Watershed 73 APPENDIX D – Impaired Waterbodies (by Construction Related Pollutants) List of waterbodies impaired by pollutants related to construction activity, including turbidity, silt/sediment, and nutrients (e.g. nitrogen, phosphorus). This list is a subset of “The Final New York State 2018 Section 303(d) List of Impaired Waters Requiring a TMDL” dated June 2020. County Waterbody Pollutant Albany Ann Lee (Shakers) Pond, Stump Pond (1201-0096) Phosphorus Albany Lawsons Lake (1301-0235) Phosphorus Allegany Amity Lake, Saunders Pond (0403-0054) Phosphorus Allegany Andover Pond (0403-0056) Phosphorus Bronx Reservoir No.1/Lake Isle (1702-0075) Phosphorus Bronx Van Cortlandt Lake (1702-0008) Phosphorus Broome Blueberry, Laurel Lakes (1404-0033) Phosphorus Broome Fly Pond, Deer Lake (1404-0038) Phosphorus Broome Minor Tribs to Lower Susquehanna (0603-0044) Phosphorus Broome Whitney Point Lake/Reservoir (0602-0004) Phosphorus Cattaraugus Allegheny River/Reservoir (0201-0023) Phosphorus Cattaraugus Beaver Lake/Alma Pond (0201-0073) Phosphorus Cattaraugus Case Lake (0201-0020) Phosphorus Cattaraugus Linlyco/Club Pond (0201-0035) Phosphorus Cayuga Duck Lake (0704-0025) Phosphorus Cayuga Owasco Inlet, Upper, and tribs (0706-0014) Nutrients Chautauqua Chadakoin River and tribs (0202-0018) Phosphorus Chautauqua Hulburt/Clymer Pond (0202-0079) Phosphorus Chautauqua Middle Cassadaga Lake (0202-0002) Phosphorus Clinton Great Chazy River, Lower, Main Stem (1002-0001) Silt/Sediment Columbia Robinson Pond (1308-0003) Phosphorus Cortland Dean Pond (0602-0077) Phosphorus Dutchess Fallkill Creek (1301-0087) Phosphorus Dutchess Hillside Lake (1304-0001) Phosphorus Dutchess Wappingers Lake (1305-0001) Phosphorus Dutchess Wappingers Lake (1305-0001) Silt/Sediment Erie Beeman Creek and tribs (0102-0030) Phosphorus Erie Delaware Park Pond (0101-0026) Phosphorus Erie Ellicott Creek, Lower, and tribs (0102-0018) Phosphorus Erie Ellicott Creek, Lower, and tribs (0102-0018) Silt/Sediment Erie Green Lake (0101-0038) Phosphorus Erie Little Sister Creek, Lower, and tribs (0104-0045) Phosphorus Erie Murder Creek, Lower, and tribs (0102-0031) Phosphorus Erie Rush Creek and tribs (0104-0018) Phosphorus Erie Scajaquada Creek, Lower, and tribs (0101-0023) Phosphorus Erie Scajaquada Creek, Middle, and tribs (0101-0033) Phosphorus Erie Scajaquada Creek, Upper, and tribs (0101-0034) Phosphorus Erie South Branch Smoke Cr, Lower, and tribs (0101-0036) Phosphorus Erie South Branch Smoke Cr, Lower, and tribs (0101-0036) Silt/Sediment Genesee Bigelow Creek and tribs (0402-0016) Phosphorus Genesee Black Creek, Middle, and minor tribs (0402 0028) Phosphorus Genesee Black Creek, Upper, and minor tribs (0402-0048) Phosphorus Genesee Bowen Brook and tribs (0102-0036) Phosphorus Genesee LeRoy Reservoir (0402-0003) Phosphorus Genesee Mill Pond (0402-0050) Phosphorus Genesee Oak Orchard Cr, Upper, and tribs (0301-0014) Phosphorus Genesee Oatka Creek, Middle, and minor tribs (0402-0031) Phosphorus Genessee Tonawanda Cr, Middle, Main Stem (0102-0002) Phosphorus Greene Schoharie Reservoir (1202-0012) Silt/Sediment Greene Sleepy Hollow Lake (1301-0059) Silt/Sediment Herkimer Steele Creek tribs (1201-0197) Phosphorus Herkimer Steele Creek tribs (1201-0197) Silt/Sediment Kings Hendrix Creek (1701-0006) 18 Nitrogen Kings Prospect Park Lake (1701-0196) Phosphorus Lewis Mill Creek/South Branch, and tribs (0801-0200) Nutrients Livingston Christie Creek and tribs (0402-0060) Phosphorus Livingston Conesus Lake (0402-0004) Phosphorus Livingston Mill Creek and minor tribs (0404-0011) Silt/Sediment Monroe Black Creek, Lower, and minor tribs (0402-0033) Phosphorus Monroe Buck Pond (0301-0017) Phosphorus Monroe Cranberry Pond (0301-0016) Phosphorus Monroe Durand, Eastman Lakes (0302-0037) Phosphorus Monroe Lake Ontario Shoreline, Western (0301-0069) 9 Phosphorus Monroe Long Pond (0301-0015) Phosphorus Monroe Mill Creek and tribs (0302-0025) Phosphorus 2 Monroe Mill Creek/Blue Pond Outlet and tribs (0402-0049) Phosphorus Monroe Minor Tribs to Irondequoit Bay (0302-0038) Phosphorus Monroe Rochester Embayment -East (0302-0002) [9] Phosphorus Monroe Rochester Embayment -West (0301-0068) 9 Phosphorus Monroe Shipbuilders Creek and tribs (0302-0026) Phosphorus 2 Monroe Thomas Creek/White Brook and tribs (0302-0023) Phosphorus 75 Nassau Bannister Creek/Bay (1701-0380) Nitrogen Nassau Beaver Lake (1702-0152) Phosphorus Nassau Browswere Bay (1701-0383) Nitrogen Nassau Camaans Pond (1701-0052) Phosphorus Nassau East Meadow Brook, Upper, and tribs (1701-0211) Silt/Sediment Nassau East Rockaway Channel (1701-0381) Nitrogen Nassau Glen Cove Creek, Lower, and tribs (1702-0146) Silt/Sediment Nassau Grant Park Pond (1701-0054) Phosphorus Nassau Hempstead Bay, Broad Channel (1701-0032) Nitrogen Nassau Hempstead Lake (1701-0015) Phosphorus Nassau Hewlett Bay (1701-0382) Nitrogen Nassau Hog Island Channel (1701-0220) Nitrogen Nassau Massapequa Creek, Upper, and tribs (1701-0174) Phosphorus Nassau Milburn/Parsonage Creeks, Upp, and tribs (1701- 0212) Phosphorus Nassau Reynolds Channel, East (1701-0215) [12] Nitrogen Nassau Reynolds Channel, West (1701-0216) 12 Nitrogen Nassau Tidal Tribs to Hempstead Bay (1701-0218) Nitrogen Nassau Tribs (fresh) to East Bay (1701-0204) Silt/Sediment Nassau Tribs (fresh) to East Bay (1701-0204) Phosphorus Nassau Tribs to Smith Pond/Halls Pond (1701-0221) Phosphorus Nassau Woodmere Channel (1701-0219) Nitrogen New York Harlem Meer (1702-0103) Phosphorus New York The Lake in Central Park (1702-0105) Phosphorus Niagara Bergholtz Creek and tribs (0101-0004) Phosphorus Niagara Hyde Park Lake (0101-0030) Phosphorus Niagara Lake Ontario Shoreline, Western (0301-0053) 9 Phosphorus Niagara Lake Ontario Shoreline, Western (0301-0072) 9 Phosphorus Oneida Ballou, Nail Creeks (1201-0203) Phosphorus Onondaga Ley Creek and tribs (0702-0001) 10 Nutrients (phosphorus) Onondaga Minor Tribs to Onondaga Lake (0702-0022) 10 Nutrients (phosphorus) Onondaga Minor Tribs to Onondaga Lake (0702-0022) 10 Nitrogen (NH3, NO2) Onondaga Onondaga Creek, Lower (0702-0023) 10 Nutrients (phosphorus) Onondaga Onondaga Creek, Lower, and tribs (0702-0023) Turbidity Onondaga Onondaga Creek, Middle, and tribs (0702-0004) Turbidity Onondaga Onondaga Creek, Upper, and tribs (0702-0024) Turbidity Ontario Great Brook and minor tribs (0704-0034) Phosphorus 2 Ontario Great Brook and minor tribs (0704-0034) Silt/Sediment 76 Ontario Hemlock Lake Outlet and minor tribs (0402-0013) Phosphorus Ontario Honeoye Lake (0402-0032) Phosphorus Orange Brown Pond Reservoir (1303-0013) Phosphorus Orange Lake Washington (1303-0012) Phosphorus Orange Minor Tribs to Middle Wallkill (1306-0061) Phosphorus Orange Monhagen Brook and tribs (1306-0074) Phosphorus Orange Orange Lake (1301-0008) [16] Phosphorus Orange Quaker Creek and tribs (1306-0025) Phosphorus Orange Wallkill River, Middle, Main Stem (1306-0038) Phosphorus Orange Wallkill River, Upper, and Minor tribs (1306-0017) Phosphorus Orleans Glenvwood Lake (0301-0041) Phosphorus Orleans Lake Ontario Shoreline, Western (0301-0070) 9 Phosphorus Orleans Lake Ontario Shoreline, Western (0301-0071) 9 Phosphorus Oswego Lake Neatahwanta (0701-0018) Nutrients (phosphorus) Oswego Pleasant Lake (0703-0047) Phosphorus Putnam Lost Lake, Putnam Lake (1302-0053) Phosphorus Putnam Minor Tribs to Croton Falls Reservoir (1302-0001) Phosphorus Queens Bergen Basin (1701-0009) 18 Nitrogen Queens Jamaica Bay, Eastern, and tribs, Queens (1701- 0005) 18 Nitrogen Queens Kissena Lake (1702-0258) Phosphorus Queens Meadow Lake (1702-0030) Phosphorus Queens Shellbank Basin (1701-0001) 18 Nitrogen Queens Willow Lake (1702-0031) Phosphorus Rensselaer Nassau Lake (1310-0001) Phosphorus Rensselaer Snyders Lake (1301-0043) Phosphorus Richmond Grassmere Lake/Bradys Pond (1701-0357) Phosphorus Rockland Congers Lake, Swartout Lake (1501-0019) Phosphorus Rockland Rockland Lake (1501-0021) Phosphorus Saratoga Ballston Lake (1101-0036) Phosphorus Saratoga Dwaas Kill and tribs (1101-0007) Phosphorus Saratoga Dwaas Kill and tribs (1101-0007) Silt/Sediment Saratoga Lake Lonely (1101-0034) Phosphorus Saratoga Round Lake (1101-0060) Phosphorus Saratoga Tribs to Lake Lonely (1101-0001) Phosphorus Schenectady Collins Lake (1201-0077) Phosphorus Schenectady Duane Lake (1311-0006) Phosphorus Schenectady Lake Mariaville Lake (1201-0113) Phosphorus Schuyler Cayuta Lake (0603-0005) Phosphorus 77 Seneca Reeder Creek and tribs (0705-0074) Phosphorus St.Lawrence Black Lake Outlet, Black Lake (0906-0001) Phosphorus St.Lawrence Fish Creek and minor tribs (0906-0026) Phosphorus Steuben Smith Pond (0502-0012) Phosphorus Suffolk Agawam Lake (1701-0117) Phosphorus Suffolk Big/Little Fresh Ponds (1701-0125) Phosphorus Suffolk Canaan Lake (1701-0018) Phosphorus Suffolk Canaan Lake (1701-0018) Silt/Sediment Suffolk Fresh Pond (1701-0241) Phosphorus Suffolk Great South Bay, East (1701-0039) Nitrogen Suffolk Great South Bay, Middle (1701-0040) Nitrogen Suffolk Great South Bay, West (1701-0173) Nitrogen Suffolk Lake Ronkonkoma (1701-0020) Phosphorus Suffolk Mattituck/Marratooka Pond (1701-0129) Phosphorus Suffolk Mill and Seven Ponds (1701-0113) Phosphorus Suffolk Millers Pond (1702-0013) Phosphorus Suffolk Moriches Bay, East (1701-0305) Nitrogen Suffolk Moriches Bay, West (1701-0038) Nitrogen Suffolk Quantuck Bay (1701-0042) Nitrogen Suffolk Shinnecock Bay and Inlet (1701-0033) Nitrogen Suffolk Tidal Tribs to West Moriches Bay (1701-0312) Nitrogen Sullivan Bodine, Mongomery Lakes (1401-0091) Phosphorus Sullivan Davies Lake (1402-0047) Phosphorus Sullivan Evens Lake (1402-0004) Phosphorus Sullivan Pleasure Lake (1402-0055) Phosphorus Sullivan Swan Lake (1401-0063) Phosphorus Tompkins Cayuga Lake, Southern End (0705-0040) Phosphorus Tompkins Cayuga Lake, Southern End (0705-0040) Silt/Sediment Ulster Ashokan Reservoir (1307-0004) Silt/Sediment Ulster Esopus Creek, Lower, Main Stem (1307-0010) [17] Turbidity Ulster Esopus Creek, Middle, Main Stem (1307-0003) 17 Turbidity Ulster Esopus Creek, Upper, and minor tribs (1307-0007)[3] Silt/Sediment Ulster Wallkill River, Lower, Main Stem (1306-0027) Phosphorus Warren Hague Brook and tribs (1006-0006) Silt/Sediment Warren Huddle/Finkle Brooks and tribs (1006-0003) Silt/Sediment Warren Indian Brook and tribs (1006-0002) Silt/Sediment Warren Lake George (1006-0016) and tribs Silt/Sediment Warren Tribs to Lake George, East Shore (1006-0020) Silt/Sediment Warren Tribs to Lake George, Lk.George Village (1006-0008) Silt/Sediment 78 Washington Wood Cr/Champlain Canal and tribs (1005-0036) Phosphorus Westchester Lake Katonah (1302-0136) Phosphorus Westchester Lake Lincolndale (1302-0089) Phosphorus Westchester Lake Meahagh (1301-0053) Phosphorus Westchester Lake Mohegan (1301-0149) Phosphorus Westchester Lake Shenorock (1302-0083) Phosphorus Westchester Mamaroneck River, Lower (1702-0071) Silt/Sediment Westchester Mamaroneck River, Upp, & minor tribs (1702-0123) Silt/Sediment Westchester Saw Mill River (1301-0007) Phosphorus Westchester Saw Mill River, Middle, and tribs (1301-0100) Phosphorus Westchester Sheldrake River (1702-0069) Phosphorus Westchester Sheldrake River (1702-0069) Silt/Sedimnt Westchester Silver Lake (1702-0040) Phosphorus Westchester Teatown Lake (1302-0150) Phosphorus Westchester Truesdale Lake (1302-0054) Phosphorus Westchester Wallace Pond (1301-0140) Phosphorus 79 APPENDIX E – List of NYSDEC Regional Offices Region COVERING THE FOLLOWING COUNTIES: DIVISION OF ENVIRONMENTAL PERMITS (DEP) PERMIT ADMINISTRATORS DIVISION OF WATER (DOW) WATER (SPDES) PROGRAM 1 NASSAU AND SUFFOLK 50 CIRCLE ROAD STONY BROOK, NY 11790 TEL. (631) 444-0365 50 CIRCLE ROAD STONY BROOK, NY 11790-3409 TEL. (631) 444-0405 2 BRONX, KINGS, NEW YORK, QUEENS AND RICHMOND 1 HUNTERS POINT PLAZA, 47-40 21ST ST. LONG ISLAND CITY, NY 11101-5407 TEL. (718) 482-4997 1 HUNTERS POINT PLAZA, 47-40 21ST ST. LONG ISLAND CITY, NY 11101-5407 TEL. (718) 482-4933 3 DUTCHESS, ORANGE, PUTNAM, ROCKLAND, SULLIVAN, ULSTER AND WESTCHESTER 21 SOUTH PUTT CORNERS ROAD NEW PALTZ, NY 12561-1696 TEL. (845) 256-3059 220 WHITE PLAINS ROAD, SUITE 110 TEL. (914) 428 -2505 4 ALBANY, COLUMBIA, DELAWARE, GREENE, MONTGOMERY, OTSEGO, RENSSELAER, SCHENECTADY AND SCHOHARIE 1130 NORTH WESTCOTT ROAD SCHENECTADY, NY 12306-2014 TEL. (518) 357-2069 1130 NORTH WESTCOTT ROAD SCHENECTADY, NY 12306-2014 TEL. (518) 357-2045 5 CLINTON, ESSEX, FRANKLIN, FULTON, HAMILTON, SARATOGA, WARREN AND WASHINGTON 1115 STATE ROUTE 86, PO BOX 296 RAY BROOK, NY 12977-0296 TEL. (518) 897-1234 232 GOLF COURSE ROAD WARRENSBURG, NY 12885-1172 TEL. (518) 623-1200 6 HERKIMER, JEFFERSON, LEWIS, ONEIDA AND ST. LAWRENCE STATE OFFICE BUILDING 317 WASHINGTON STREET WATERTOWN, NY 13601-3787 TEL. (315) 785-2245 STATE OFFICE BUILDING 207 GENESEE STREET UTICA, NY 13501-2885 TEL. (315) 793-2554 7 BROOME, CAYUGA, CHENANGO, CORTLAND, MADISON, ONONDAGA, OSWEGO, TIOGA AND TOMPKINS 5786 WIDEWATERS PARKWAY SYRACUSE, NY 13214-1867 TEL. (315) 426-7438 5786 WIDEWATERS PARKWAY SYRACUSE, NY 13214-1867 TEL. (315) 426-7500 8 CHEMUNG, GENESEE, LIVINGSTON, MONROE, ONTARIO, ORLEANS, SCHUYLER, SENECA, STEUBEN, WAYNE AND YATES 6274 EAST AVON-LIMA ROADAVON, NY 14414-9519 TEL. (585) 226-2466 6274 EAST AVON-LIMA RD. AVON, NY 14414-9519 TEL. (585) 226-2466 9 ALLEGANY, CATTARAUGUS, CHAUTAUQUA, ERIE, NIAGARA AND WYOMING 700 DELAWARE AVENUE BUFFALO, NY 14209-2999 TEL. (716) 851-7165 700 DELAWARE AVENUE BUFFALO, NY 14209-2999 TEL. (716) 851-7070 80 APPENDIX F – SWPPP Preparer Certification Form The SWPPP Preparer Certification Form required by this permit begins on the following page. 81 SWPPP Preparer Certification Form SPDES General Permit for Stormwater Discharges from Construction Activity, GP-0-25-001 (CGP) (In accordance with CGP Part I.D.2.b., the completed form must be attached to the eNOI and submitted to NYSDEC electronically.) Project/Site Name: eNOI Submission ID: Owner/Operator Name: Certification Statement – SWPPP Preparer I hereby certify that the Stormwater Pollution Prevention Plan (SWPPP) has been prepared in accordance with the requirements of GP-0-25-001. I certify under penalty of law that the SWPPP and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. SWPPP Preparer First Name MI SWPPP Preparer Last Name Signature Date Revised: January 2025 APPENDIX G – MS4 SWPPP Acceptance Form The MS4 SWPPP Acceptance Form required by this permit begins on the following page. 83 MS4 SWPPP Acceptance Form for construction activities seeking authorization under the SPDES General Permit for Stormwater Discharges from Construction Activity, GP-0-25-001 (CGP) (In accordance with CGP Part I.D.2.b., the completed form must be attached to the eNOI and submitted to NYSDEC electronically.) I. Project Owner/Operator Information 1. Owner/Operator Name: 2. Contact Person: 3. Street Address: 4. City/State/Zip: II. Project Site Information 5. Project/Site Name: 6. Street Address: 7. City/State/Zip: III. Stormwater Pollution Prevention Plan (SWPPP) Review and Acceptance Information 8. SWPPP Reviewed by: 9. Title/Position: 10. Date Final SWPPP Reviewed and Accepted: IV. Regulated MS4 Information 11. Name of MS4 Operator: 12. MS4 SPDES Permit Identification Number: NYR20A 13. Street Address: 14. City/State/Zip: 15. Telephone Number: Page 1 of 2 MS4 SWPPP Acceptance Form -continued V. Certification Statement -MS4 Official (principal executive officer or ranking elected official) or Duly Authorized Representative I hereby certify that the final Stormwater Pollution Prevention Plan (SWPPP) for the construction project identified in section II. of this form has been reviewed and meets the substantive requirements in the SPDES General Permit for Stormwater Discharges from Construction Activity, GP-0-25-001 (CGP). Note: The MS4 Operator, through the acceptance of the SWPPP, assumes no responsibility for the accuracy and adequacy of the design included in the SWPPP. In addition, review and acceptance of the SWPPP by the MS4 Operator does not relieve the owner/operator or their SWPPP preparer of responsibility or liability for errors or omissions in the plan. Printed Name1: Title/Position: Signature: Date: VI. Additional Information 1 Printed name of the principal executive officer or ranking elected official for the MS4 Operator or their duly authorized representative in accordance with CGP Part VII.J.2. (NYSDEC -MS4 SWPPP Acceptance Form -January 2025) Page 2 of 2 APPENDIX H – NYCDEP SWPPP Acceptance/Approval Form The City of New York Department of Environmental Protection (NYCDEP) SWPPP Acceptance/Approval form required by this permit begins on the following page. 86 THE CITY OF NEW YORK DEPARTMENT OF ENVIRONMENTAL PROTECTION Bureau of Environmental Planning and Analysis 59-17 Junction Blvd., 9th Floor; Flushing, NY 11373 SWPPP Acceptance/Approval Application Number: I. Project Owner/Operator Information 1. Owner/Operator Name: 2. Contact Person: 3. Street Address: 4. City/State/Zip: II. Project Site Information 5. Project/Site Name: 6. Street Address: 7. City/State/Zip: III. Stormwater Pollution Prevention Plan (SWPPP) Review and Acceptance/Approval 8. SWPPP Reviewed by: 9. Title/Position: / 10. Date Final SWPPP Reviewed and Accepted: 11. Acceptance/Approval Expiration Date: IV. Regulated MS4 Information for projects that require coverage under the NY State Pollution Discharge Elimination System General Permit for Stormwater Discharges from Construction Activity 12. Name of MS4: CITY OF NEW YORK 13. MS4 SPDES Permit Identification Number: NY-0287890 14. Contact Person: 15. Street Address: 59-17 Junction Blvd. 9th Floor 16. City/State/Zip: Flushing, NY 11373 17. Telephone Number: Projects in the MS4 area must submit a copy of this SWPPP Acceptance with a Notice of Intent for coverage under the NY SPDES General Permit for Stormwater Discharges from Construction Activity to: NYS Department of Environmental Conservation, Division of Water; 625 Broadway, 4th Floor; Albany, New York 12233-3505. Page 1 Of 2 THE CITY OF NEW YORK DEPARTMENT OF ENVIRONMENTAL PROTECTION Bureau of Environmental Planning and Analysis 59-17 Junction Blvd., 9th Floor; Flushing, NY 11373 V. Certification Statement - MS4 Official (principal executive officer or ranking elected official) or Duly Authorized Representative I hereby certify that the final Stormwater Pollution Prevention Plan (SWPPP) for the construction project identified in question 5 has been reviewed and meets the substantive requirements in the SPDES General Permit For Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s). Note: The MS4, through the acceptance of the SWPPP, assumes no responsibility for the accuracy and adequacy of the design included in the SWPPP. In addition, review and acceptance of the SWPPP by the MS4 does not relieve the owner/operator or their SWPPP preparer of responsibility or liability for errors or omissions in the plan. Printed Name: Title/Position: Signature: Date: VI. Conditions of Acceptance/Approval and Additional Information Projects in the MS4 area must submit a copy of this SWPPP Acceptance with a Notice of Intent for coverage under the NY SPDES General Permit for Stormwater Discharges from Construction Activity to: NYS Department of Environmental Conservation, Division of Water; 625 Broadway, 4th Floor; Albany, New York 12233-3505. Page 2 Of 2 APPENDIX I – MS4 No Jurisdiction Form The MS4 No Jurisdiction Form required by this permit begins on the following page. 89 MS4 No Jurisdiction Form for construction activities seeking authorization under the SPDES General Permit for Stormwater Discharges from Construction Activity, GP-0-25-001 (CGP) (In accordance with CGP Part I.D.2.b., the completed form must be attached to the eNOI and submitted to NYSDEC electronically.) I. Project Owner/Operator Information a. Owner/Operator Name: b. Contact Person: c. Street Address: d. City/State/Zip: II. Project Site Information a. Project/Site Name: b. Street Address: c. City/State/Zip: d. eNOI Submission ID: III. Traditional Land Use Control MS4 Operator Information a. Name of MS4 Operator: b. MS4 SPDES Permit ID Number: NYR20A c. Street Address: d. City/State/Zip: e. Telephone Number: IV. Certification Statement In accordance with CGP Part I.D.2.b.ii.3., I hereby certify that the Traditional Land Use Control MS4 Operator identified in section III. of this form does not have review authority over the construction project identified in section II. of this form, which is owned/operated by the entity identified in section I. of this form. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. a. Printed name of the principal executive officer or ranking elected official for the MS4 Operator or their duly authorized representative in accordance with CGP Part VII.J.2.: b. Title/Position: c. Signature: d. Date: APPENDIX J – Owner/Operator Certification Form The Owner/Operator Certification Form required by this permit begins on the following page. 91 ___________________________________________________________ ________________________________ Owner/Operator Certification Form SPDES General Permit for Stormwater Discharges from Construction Activity, GP-0-25-001 (CGP) (In accordance with CGP Part I.D.2.b. or Part I.F.2. and 3., the completed form must be attached to the eNOI or the Request to Continue Coverage, and submitted to NYSDEC electronically. Project/Site Name: ________________________________________________________ eNOI Submission ID: _________________________________________________ eNOI Submitted by: Owner/Operator SWPPP Preparer Other Certification Statement -Owner/Operator I hereby certify that I read, and will comply with, the GP-0-25-001 permit requirements. I understand that authorization to discharge under the permit for the project/site named above is dependent on receipt of a Letter of Authorization (LOA) or a Letter of Continued Coverage (LOCC) from the New York State Department of Environmental Conservation (NYSDEC) in accordance with CGP Part I.D.3.b. or Part I.F.4. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Owner/Operator First Name MI Owner/Operator Last Name Signature Date Revised: January 2025 SECTION 5 Certifications, Forms, Reports, and Daily Logs NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 12 STORMWATER POLLUTION PREVENTION PLAN SUMMARY OF EROSION AND SEDIMENT CONTROL AND STABILIZATION MEASURES MAINTENANCE/INSPECTION PROCEDURES All control measures will be inspected at least once every seven (7) days. Sites that have a waiver to disturb greater than five (5) acres require two (2) inspections every seven (7) days with at least two (2) days between inspections. All measures will be maintained in good working order; if a repair is necessary, it will be initiated within 24 hours of report. Built-up sediment will be removed from silt fences when it has reached one-third the height of the fence. Silt fences will be inspected for depth of sediment, tears, to see if the fabric is securely attached to the fence posts, and to see that the fence posts are firmly in the ground. Sediment basins, if present, will be inspected for depth of sediment, and built-up sediment will be removed when it reaches 50% of the design capacity or at the end of the job. Diversion dikes, if present, will be inspected and any breaches promptly repaired. Temporary and permanent seeding and planting and other stabilization measures will be inspected for bare spots, washouts, and healthy growth. A maintenance inspection report will be made after each inspection. Copies of the report forms to be used are included in this SWPPP. The site job superintendent will select the individuals who will be responsible for inspections, maintenance and repair activities, and filling out the inspection and maintenance reports. Personnel selected for inspection and maintenance responsibilities will receive training from the site job superintendent. They will be trained in all the inspection and maintenance practices necessary for keeping the erosion and sediment controls used onsite in good working order. Disturbed areas and materials storage areas will be inspected for evidence of or potential for pollutants entering stormwater systems. Report to The Department of Environmental Conservation within 24 hours any noncompliance with the SWPPP that will endanger public health or the environment. Follow up with a written report within 5 days of the noncompliance event. NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 13 STORMWATER POLLUTION PREVENTION PLAN CONSTRUCTION/IMPLEMENTATION CHECKLIST 1. Maintain Records (Project Manager) of Construction Activities, including: Dates when major grading activities occur Dates when construction activities temporarily cease on a portion of the site Dates when construction activities permanently cease on a portion of the site Dates when stabilization measures are initiated on the site Dates of rainfall and the amount of rainfall Dates and descriptions of the character and amount of any spills of hazardous materials Records of reports filed with regulatory agencies if reportable quantities of hazardous materials spilled 2. Prepare Inspection Reports (Qualified Inspector) summarizing: Name of inspector Qualifications of inspector Measures/areas inspected Observed conditions Changes necessary to the SWPPP 3. Report Releases of Reportable Quantities of Oil or Hazardous Materials (Project Manager, if they occur): Notify National Response Center (1-800-424-8802) immediately Notify permitting authority in writing within 14 days Modify the pollution prevention plan to include: - the date of release - circumstances leading to the release - steps taken to prevent reoccurrence of the release 4. Modify Pollution Prevention Plan (per Qualified Inspector) as necessary to: Comply with the minimum permit requirements when notified by The Department of Environmental Conservation that the plan does not comply Address a change in design, construction operation, or maintenance that has an effect on the potential for discharge of pollutants Prevent reoccurrence of reportable quantity releases of a hazardous material or oil NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 14 VII. SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN A. MATERIALS COVERED The following materials or substances with known hazardous properties are expected to be present onsite during construction: Concrete Cleaning solvents Detergents Petroleum based products Paints Pesticides Paint solvents Acids Fertilizers Concrete additives Soil stabilization additives B. MATERIAL MANAGEMENT PRACTICES The following are the material management practices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to stormwater runoff. 1. Good Housekeeping The following good housekeeping practices will be followed onsite during the construction project. a) An effort will be made to store only enough product required to do the job. b) All materials stored onsite will be stored in a neat, orderly manner and, if possible, under a roof or other enclosure. c) Products will be kept in their original containers with the original manufacturer's label in legible condition. d) Substances will not be mixed with one another unless recommended by the manufacturer. e) Whenever possible, all of a product will be used up before disposing of the container. f) Manufacturer's recommendations for proper use and disposal will be followed. g) The job site superintendent will be responsible for daily inspections to ensure proper use and disposal of materials. 2. Hazardous Products These practices will be used to reduce the risks associated with hazardous materials. a) Products will be kept in original containers with the original labels in legible condition. b) Original labels and material safety data sheets (MSDS's) will be procured and used for each material. c) If surplus product must be disposed of, manufacturer's or local/state/federal recommended methods for proper disposal will be followed. d) A spill control and containment kit (containing, for example, absorbent such as kitty litter or sawdust, acid neutralizing powder, brooms, dust pans, mops, rags, gloves, goggles, plastic and metal trash containers, etc.) will be provided at the storage site. NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 15 e) All of the product in a container will be used before the container is disposed of. All such containers will be triple-rinsed with water prior to disposal. The rinse water used in these containers will be disposed of in a manner in compliance with state and federal regulations and will not be allowed to mix with stormwater discharges. 3. Product Specific Practices The following product specific practices will be followed on the job site. a) Petroleum Products All onsite vehicles will be monitored for leaks and receive regular preventative maintenance to reduce the chance of leakage. Petroleum products will be stored in tightly sealed containers which are clearly labeled. Any petroleum storage tanks used onsite will have a dike or berm containment structure constructed around it to contain any spills that may occur. Any asphalt substances used onsite will be applied according to the manufacturer's recommendations. b) Fertilizers Fertilizers will be applied only in the minimum amounts recommended by the manufacturer. Once applied, fertilizer will be worked in the soil to limit exposure to stormwater. Storage will be in a covered shed. The contents of any partially used bags of fertilizer will be transferred to a sealable plastic bin to avoid spills. c) Paints, Paint Solvents, and Cleaning Solvents All containers will be tightly sealed and stored when not in use. Excess paint and solvents will not be discharged to the storm sewer system but will be properly disposed of according to manufacturer's instructions or state and federal regulations. 4. Spill Prevention Practices In addition to the good housekeeping and material management practices discussed in the previous sections of this plan, the following practices will be followed for spill prevention and cleanup. a) Manufacturer's recommended methods for spill cleanup will be clearly posted and site personnel will be trained regarding these procedures and the location of the information and cleanup supplies. b) Materials and equipment necessary for spill cleanup will be kept in the material storage area onsite in spill control and containment kit (containing, for example, absorbent such as kitty litter or sawdust, acid neutralizing powder, brooms, dust pans, mops, rags, gloves, goggles, plastic and metal trash containers, etc.). c) All spills will be cleaned up immediately after discovery. d) The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to prevent injury from contact with the hazardous substances. e) Spills of toxic or hazardous materials will be reported to the appropriate federal, state, and/or local government agency, regardless of the size of the spill. Spills of amounts that exceed Reportable Quantities of certain substances specifically mentioned in federal regulations (40 CFR 302 list and oil) will be immediately reported to the EPA National Response Center, telephone 1-800-424-8802. Reportable Quantities of some substances which may be used at the job site are as follows: oil - appearance of a film or sheen on water NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 16 pesticides - usually 1 lb. acids - 5000 lb. solvents, flammable - 100 lb. f) The SPCC plan will be adjusted to include measures to prevent this type of spill from recurring and how to clean up the spill if there is another one. A description of the spill, what caused it, and the cleanup measures will also be included. If the spill exceeds a Reportable Quantity, all federal regulations regarding reports of the incident will be complied with. g) The job site superintendent will be the spill prevention and cleanup coordinator. He will designate the individuals who will receive spill prevention and cleanup training. These individuals will each become responsible for a particular phase of prevention and cleanup. The names of these personnel will be posted in the material storage area and in the office trailer onsite. VIII. CONTROL OF ALLOWABLE NON-STORMWATER DISCHARGES A. Certain types of discharges are allowable under the NYS Department of Environmental Conservation SPDES General Permit for Construction Activity, and it is the intent of this SWPPP to allow such discharges. These types of discharges will be allowed under the conditions that no pollutants will be allowed to come in contact with the water prior to or after its discharge. The control measures, which have been outlined previously in this SWPPP, will be strictly followed to ensure that no contamination of these non-stormwater discharges takes place. The following allowable non-stormwater discharges that may occur from the job site include: a) Discharges from fire fighting activities b) Fire hydrant flushings (see note below) c) Waters used to wash vehicles or control dust in order to minimize offsite sediment tracking d) Potable water sources such as waterline flushings (see note below), irrigation drainage from watering vegetation, routine exterior building washdown (without detergents present) (See Note below) e) Pavement washwaters where spills or leaks of hazardous materials have not occurred or detergents have not been used f) Springs and other uncontaminated groundwater, including dewatering ground water infiltration g) Foundation or footing drains where no contamination with process materials such as solvents is present NOTE: CONTRACTOR shall neutralize any super-chlorinated water from water distribution pipes before releasing it into the environment. Neutralization techniques are available from the Operator’s Engineer. IX. CERTIFICATION AND NOTIFICATION A. The NYS Department of Environmental Conservation requires that certifications of knowledge of the contents of this SWPPP and agreement to follow the SWPPP be made by the NOI Permittee and the CONTRACTOR. The terms of the General Permit also require that each CONTRACTOR sign the SWPPP plan, (Form 3) thereby making them co-permittees and acknowledging their responsibility for certain operational aspects of the plan. These certifications should be signed before the CONTRACTOR begins NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 17 activities and should be filed with the site's SWPPP at the jobsite. These certifications are provided within this document, see Table of Contents for location. NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 1 STORMWATER POLLUTION PREVENTION PLAN NOI PERMITTEE’S CERTIFICATION FORM 1 Construction Site 11 EASTMAN LANE SUBDIVISION CITY OF SARATOGA SPRINGS, Saratoga County, New York STORMWATER POLLUTION PREVENTION PLAN DATED August 2026 NOI PERMITTEE’S CERTIFICATION: "I certify under penalty of law that this document was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that false statements made herein are punishable as a class A misdemeanor pursuant to Section 210.45 of the Penal Law." NOI Permittee’s Designated Project Manager: Signed: Printed Name: Position: Date: NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 2 STORMWATER POLLUTION PREVENTION PLAN CONTRACTOR’S CERTIFICATION LOG FORM 2 Construction Site 11 EASTMAN LANE SUBDIVISION CITY OF SARATOGA SPRINGS, Saratoga County, New York Company Name Address Contact Name Telephone Number Cell Phone/Pager Scope of Services Certification Date Company Name Address Contact Name Telephone Number Cell Phone/Pager Scope of Services Certification Date Company Name Address Contact Name Telephone Number Cell Phone/Pager Scope of Services Certification Date Designated Project Manager____________________ NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 3 STORMWATER POLLUTION PREVENTION PLAN CONTRACTOR’S/SUBCONTRACTOR’S CERTIFICATION FORM 3 This form to be completed for each contractor listed on Form 2. Reproduce as needed Construction Site 11 EASTMAN LANE SUBDIVISION CITY OF SARATOGA SPRINGS, Saratoga County, New York CONSTRUCTION POLLUTION PREVENTION PROGRAM DATED August 2026 CONTRACTOR'S CERTIFICATION: “I hereby certify under penalty of law that I understand and agree to comply with the terms and conditions of the SWPPP and agree to implement any corrective actions identified by the qualified inspector during a site inspection. I also understand that the owner or operator must comply with the terms and conditions of the most current version of the New York State Pollutant Discharge Elimination System (“SPDES”) general permit for stormwater discharges from construction activities and that it is unlawful for any person to cause or contribute to a violation of water quality standards. Furthermore, I am aware that there are significant penalties for submitting false information, that I do not believe to be true, including the possibility of fine and imprisonment for knowing violations.” The Contractor/Subcontractor further understands that the SWPPP and associated Erosion and Sediment Control Plans represent the MINIMUM erosion and sediment control measures that will be required to protect the site during construction. Additional erosion and sediment control measures will be necessary during construction. It will be the responsibility of Contractor/Subcontractor to implement all additional erosion and sediment control measures necessary to protect the site during construction. CONTRACTOR: SUBCONTRACTOR: Name (Print): Name (Print): Signature: Signature: Date: Date: Title: Title: Company Name: Company Name: Address: Address: Phone: Phone: Elements of SWPPP Contractor/Subcontractor responsible for: ________________________________________ Name of Trained Contractor Responsible for SWPPP Implementation: __________________________________ Title of Trained Contractor Responsible for SWPPP Implementation: ___________________________________ FORM 4 CITY OF SARATOGA SPRINGS – 11 EASTMAN LANE SUBDIVISION SWPPP # __________ This form to be completed by Contractor’s designated inspector at least weekly. Reproduce as needed. NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 1 SWPPP INSPECTION REPORTS Page 1 of _______ Date ___________ Weather and Soil Conditions Weather Conditions: _____________________________________________________________________ Soil Conditions: Dry [ ] Wet [ ] Saturated [ ] Snow Covered [ ] Frozen [ ] Maintaining Water Quality Yes No NA [ ] [ ] [ ] Is there an increase in turbidity causing a substantial visible contrast to natural conditions? [ ] [ ] [ ] Is there residue from oil and floating substances, visible oil film, or globules or grease? [ ] [ ] [ ] All disturbance is within the limits of the approved plans. [ ] [ ] [ ] Have receiving lake/bay, stream, and/or wetland been impacted by silt from project? Housekeeping 1. General Site Conditions Yes No NA [ ] [ ] [ ] Is construction site litter and debris appropriately managed? [ ] [ ] [ ] Are facilities and equipment necessary for implementation of erosion and sediment control in working order and/or properly maintained? [ ] [ ] [ ] Is construction impacting the adjacent property? [ ] [ ] [ ] Is dust adequately controlled? 2. Temporary Stream Crossing Yes No NA [ ] [ ] [ ] Maximum diameter pipes necessary to span creek without dredging are installed. [ ] [ ] [ ] Installed non-woven geotextile fabric beneath approaches. [ ] [ ] [ ] Is fill composed of aggregate (no earth or soil)? [ ] [ ] [ ] Rock on approaches is clean enough to remove mud from vehicles and prevent sediment from entering stream during high flow. Runoff Control Practices 1. Excavation Dewatering Yes No NA [ ] [ ] [ ] Upstream and downstream berms (sandbags, inflatable dams, etc.) are installed per plan. [ ] [ ] [ ] Clean water from upstream pool is being pumped to the downstream pool. [ ] [ ] [ ] Sediment-laden water from work area is being discharged to a silt-trapping device. [ ] [ ] [ ] Constructed upstream berm with one-foot minimum freeboard. 2. Water Bar Yes No NA [ ] [ ] [ ] Installed per plan with vehicle crossings stabilized with gravel. [ ] [ ] [ ] Outlet located on undisturbed soil or lined with riprap. [ ] [ ] [ ] Bar height is 12-inch minimum from bottom of channel with minimum base width of 6-foot. 3. Interceptor Dikes and Swales Yes No NA [ ] [ ] [ ] Installed per plan with minimum side slopes 1V:3H or flatter. [ ] [ ] [ ] Stabilized by geotextile fabric, seed, or mulch with no erosion occurring. [ ] [ ] [ ] Sediment-laden runoff directed to sediment trapping structure. FORM 4 CITY OF SARATOGA SPRINGS – 11 EASTMAN LANE SUBDIVISION SWPPP # __________ This form to be completed by Contractor’s designated inspector at least weekly. Reproduce as needed. NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 2 SWPPP INSPECTION REPORT Page 2 of _______ Date ___________ 4. Stone Check Dam Yes No NA [ ] [ ] [ ] Is channel stable? (flow is not eroding soil underneath or around the structure). [ ] [ ] [ ] Check is in good condition (rocks in place and no permanent pools behind the structure). [ ] [ ] [ ] Has accumulated sediment been removed? 5. Rock Outlet Protection Yes No NA [ ] [ ] [ ] Installed per plan. [ ] [ ] [ ] Installed concurrently with pipe installation. Soil Stabilization 1. Topsoil and Spoil Stockpiles Yes No NA [ ] [ ] [ ] Stockpiles are stabilized with vegetation and/or mulch. [ ] [ ] [ ] Sediment control is installed at the toe of the slope. 2. Revegetation Yes No NA [ ] [ ] [ ] Temporary seedings and mulch have been applied to idle areas. [ ] [ ] [ ] Four inches minimum of topsoil has been applied under permanent seedings. Sediment Control Practices 1. Stabilized Construction Entrance Yes No NA [ ] [ ] [ ] Stone is clean enough to effectively remove mud from vehicles. [ ] [ ] [ ] Installed per standards and specifications? [ ] [ ] [ ] Does all traffic use the stabilized entrance to enter and leave site? [ ] [ ] [ ] Is adequate drainage provided to prevent ponding at entrance? 2. Silt Fence Yes No NA [ ] [ ] [ ] Installed on Contour, ten feet from toe of slope (not across conveyance channels). [ ] [ ] [ ] Joints constructed by wrapping the two ends together for continuous support. [ ] [ ] [ ] Fabric buried six inches minimum. [ ] [ ] [ ] Posts are stable, fabric is tight and without rips or frayed areas. Sediment accumulation is _____% of design capacity. 3. Storm Drain Inlet Protection (Use for Stone & Block; Filter Fabric; Curb; or, Excavated practices) Yes No NA [ ] [ ] [ ] Installed concrete blocks lengthwise so open ends face outward, not upward. [ ] [ ] [ ] Placed wire screen between No. 3 crushed stone and concrete blocks. [ ] [ ] [ ] Drainage area is one acre or less. [ ] [ ] [ ] Excavated area is 900 cubic feet. [ ] [ ] [ ] Excavated side slopes should be 2:1. [ ] [ ] [ ] 2” x 4” frame is constructed and structurally sound. [ ] [ ] [ ] Posts three-foot maximum spacing between posts. [ ] [ ] [ ] Fabric is embedded 1 to 1.5 feet below ground and secured to frame/posts with staples at maximum eight inch spacing. [ ] [ ] [ ] Posts are stable, fabric is tight and without rips or frayed areas. Sediment accumulation _____% of design capacity. FORM 4 CITY OF SARATOGA SPRINGS – 11 EASTMAN LANE SUBDIVISION SWPPP # __________ This form to be completed by Contractor’s designated inspector at least weekly. Reproduce as needed. NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 3 SWPPP INSPECTION REPORT Page 3 of _______ Date ___________ 4. Temporary Sediment Trap Yes No NA [ ] [ ] [ ] Outlet structure is constructed per the approved plan or drawing. [ ] [ ] [ ] Geotextile fabric has been placed beneath rock fill. Sediment accumulation is _____% of design capacity. 5. Temporary Sediment Basin Yes No NA [ ] [ ] [ ] Basin and outlet structure constructed per the approved plan. [ ] [ ] [ ] Basin side slopes are stabilized with seed/mulch. [ ] [ ] [ ] Drainage structure flushed and basin surface restored upon removal of sediment basin facility. Sediment accumulation is _____% of design capacity. Dust Control Practices 1. Haul Road and Current Work Areas Yes No NA [ ] [ ] [ ] Are all traffic surface areas sufficiently treated to prevent fugitive dust? [ ] [ ] [ ] Are any areas of site’s non-traffic and work area experiencing wind erosion? [ ] [ ] [ ] Are there any disturbed areas in need of temporary seed and mulch to protect surface from wind erosion? [ ] [ ] [ ] Is watering truck on-site? [ ] [ ] [ ] Is dust visible in air at any location of the site? Note: Not all erosion and sediment control practices are included in this listing. Add additional pages to this list as required by site-specific design. Construction inspection checklists for post-development stormwater management practices can be found in Appendix F of the New York Stormwater Management Design Manual. Description of condition of runoff at all points of discharge from the construction site. (This shall include identification of discharges of sediment from the construction site. Include discharges from conveyance systems (i.e. pipes, culverts, ditches, etc.) and overland flow.) _________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ __________________________________________________________________________________________ Description of areas that are disturbed at the time of the inspection and areas that have been stabilized (temporary and/or final) since the last inspection (see Page 5 for Sketch). __________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ __________________________________________________________________________________________ FORM 4 CITY OF SARATOGA SPRINGS – 11 EASTMAN LANE SUBDIVISION SWPPP # __________ This form to be completed by Contractor’s designated inspector at least weekly. Reproduce as needed. NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 4 SWPPP INSPECTION REPORT Page 4 of _______ Date ___________ ADDITIONAL COMMENTS*: ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ___________________________________________________________________________________________ _____________________________________ ____________________________________ Inspector (print name and title) Date and Time of Inspection ___________________________________________ ___________________________________________ Qualified Professional (print name) Qualified Professional Signature The above signed acknowledges that, to the best of his/her knowledge, all information provided on the forms is accurate and complete. *Attach photographs of practices identified as needing corrective actions. NOTE: IN ACCORDANCE WITH PART IV.C.4 OF THE SPDES GENERAL PERMIT (GP-0-20-001), THE QUALIFIED INSPECTOR MUST NOTIFY THE OWNER OR OPERATOR AND APPROPRIATE CONTRACTOR OF ANY CORRECTIVE ACTIONS THAT NEED TO BE TAKEN. THE CONTRACTOR SHALL BEGIN IMPLEMENTING THE CORRECTIVE ACTIONS WITHIN ONE (1) BUSINESS DAY OF THIS NOTIFICATION AND SHALL COMPLETE THE CORRECTIVE ACTIONS IN A REASONABLE TIME FRAME. NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 1 STORMWATER POLLUTION PREVENTION PLAN MODIFICATION REPORT FORM 5 This form to be used only when Contractor’s designated inspector believes changes to the SWPPP and/or Erosion and Sediment control plans is warranted. For example, additional erosion control measures needed or removal of specific control measures can be done without adverse impact. This form must be approved by Designated Project Manager prior to implementation. Construction Site 11 EASTMAN LANE SUBDIVISION CITY OF SARATOGA SPRINGS, Saratoga County, New York CHANGES REQUIRED FOR STORMWATER POLLUTION PREVENTION PLAN To: Designated Project Manager Date: Address: Telephone: Facsimile: Sent Via: Facsimile E-mail US Mail INSPECTOR: DATE: (Print) ___________________________________ (Signature) QUALIFICATIONS OF INSPECTOR: CHANGES REQUIRED TO THE STORMWATER POLLUTION PREVENTION PLAN: REASONS FOR CHANGES: TO BE PERFORMED BY: ON OR BEFORE: APPROVED BY DESIGNATED PROJECT MANAGER________________________ DATE: _____________ NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 2 STORMWATER POLLUTION PREVENTION PLAN RECORD OF STABILIZATION AND CONSTRUCTION ACTIVITIES FORM 6 Construction Site 11 EASTMAN LANE SUBDIVISION CITY OF SARATOGA SPRINGS, Saratoga County, New York A record of dates when major grading activities occur, when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated shall be maintained until final site stabilization is achieved and the Notice of Termination is filed. Reproduce copies of this form as needed. MAJOR GRADING, CONSTRUCTION, OR STABILIZATION ACTIVITIES Description of Activity: Begin Date: Site Contractor: Location: End Date: Description of Activity: Begin Date: Site Contractor: Location: End Date: Description of Activity: Begin Date: Site Contractor: Location: End Date: Description of Activity: Begin Date: Site Contractor: Location: End Date: Description of Activity: Begin Date: Site Contractor: Location: End Date: Designated Project Manager_______________________ NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 3 STORMWATER POLLUTION PREVENTION PLAN RECORD OF TEMPORARY EROSION AND SEDIMENT CONTROL PRACTICES FORM 6A Construction Site 11 EASTMAN LANE SUBDIVISION CITY OF SARATOGA SPRINGS, Saratoga County, New York A record of the timing of temporary erosion and sediment control practices to be implemented, including the timing of initial placement and the duration that each practice should remain in place. The record may reflect the actual date of planned installation or the specific construction activity with which it will be associated. The timing of removal may reflect an actual date or the length of time over which the practice will be implemented. TEMPORARY EROSION AND SEDIMENT CONTROL PRACTICES Description of Practice: Date/Timing of Initial Placement: Site Contractor: Location: Projected Date/Timing of Removal: Description of Practice: Date/Timing of Initial Placement: Site Contractor: Location: Projected Date/Timing of Removal: Description of Practice: Date/Timing of Initial Placement: Site Contractor: Location: Projected Date/Timing of Removal: Description of Practice: Date/Timing of Initial Placement: Site Contractor: Location: Projected Date/Timing of Removal: Description of Practice: Date/Timing of Initial Placement: Site Contractor: Location: Projected Date/Timing of Removal: Designated Project Manager_______________________ NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 4 YEAR 20___ STORMWATER POLLUTION PREVENTION PLAN FORM 7 PROJECT RAINFALL LOG (to be completed by Contractor) Month Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Day 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PM Initials NOI Permittee: DERBY STALLION LLC 11 EASTMAN LANE SUBDIVISION 5 STORMWATER POLLUTION PREVENTION PLAN FINAL STABILIZATION CERTIFICATION /NOTICE OF TERMINATION CHECKLIST FORM 8 This form is to be completed by Contractor and submitted to Designated Project Manager for approval only afterContractor believes all work regulated by SWPPP is complete. Construction Site 11 EASTMAN LANE SUBDIVISION CITY OF SARATOGA SPRINGS, Saratoga County, New York 1. All soil disturbing activities are complete. 2. Temporary Erosion and Sediment Control Measures have been removed or will be removed at the appropriate time. 3. All areas of the Construction Site not otherwise covered by a permanent pavement or structure have been stabilized with a uniform perennial vegetative cover with a density of 85% or equivalent measures have been employed. CONTRACTOR'S CERTIFICATION: “I certify under penalty of law that all storm water discharges associated with industrial activity from the identified project that are authorized by NPDES general permit have been eliminated and that all disturbed areas and soils at the construction site have achieved Final Stabilization and all temporary erosion and sediment control measures have been removed or will be removed at the appropriate time.” Company Name Name (Print) Signature Date APPROVED BY DESIGNATED PROJECT MANAGER________________________ DATE: SECTION 6 Supplemental Information 1. Stormwater Management Narrative – Appendices and Figures Available Upon Request SECTION 7 Completed Inspection Reports