RFB 2026-23 Attachment 2 - NYSDEC Permit_Culvert MAD-409_9.26.23 (ID 2971745).pdf

Joseph Wisinski Madison County 139 North Court Street Wampsville, NY 13163

INSTRUCTIONS TO ALL PERMITTEES

Enclosed is your permit under New York State's Environmental Conservation Law. Please take some time to review it and note:

1. The permit is valid for only that activity specifically represented in your permit application and authorized in writing in the permit itself. Any deviation from the activity authorized in the permit or described in your application may require additional approval(s) or corrective action;

2. Review the General and Special Conditions carefully. If you are unsure of your obligations under the permit, please bring your questions to our attention;

3. If, for any reason, you believe you will be unable to comply or remain in compliance with the terms of your permit, please contact us;

4. Please check the expiration date and any requirements for renewal or modification of your permit;

5. Please keep the permit in a safe place for reference and a copy at the work site; and

6. The identification numbers help us communicate with you. Please reference them in any subsequent communications.

7. Your project may be subject to jurisdiction of the US Army Corps of Engineers. Questions on this matter should be referred to the Corps Regulatory Branch in Buffalo, NY at (716) 879-4330.

8. The Uniform Procedures Regulations provide that an applicant may request an adjudicatory hearing if a permit is denied or contains conditions which are unacceptable to them (6NYCRR Part 621.10(a)). Any such request must be made in writing within 30 calendar days of the date of this letter and must be addressed to the Regional Permit Administrator, Department of Environmental Conservation, 5786 Widewaters Parkway, Syracuse, NY 13214-1867.

If you have any questions, please contact me at 315-426-5494. Thank you.

Sincerely, Jonathan Cronell Environmental Analyst cc: A. Bliss, R7 BEH Z. Dale, Barton & Logudice T. Madison

USACE

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 7-2540-00140

PERMIT

Under the Environmental Conservation Law (ECL)

Permittee and Facility Information

Permit Issued To: Facility:

MADISON COUNTY CULVERT MAD-409

C/O OFFICE BLDG E LAKE RD|0.50 MI S OF DEC BOAT

LAUNCH AND W LAKE RD, 125 FT N OF

LAKE MORAINE

139 N Court St MADISON, NY 13402

WAMPSVILLE, NY 13163

(315) 366-2208

Facility Location: in MADISON in MADISON COUNTY Facility Principal Reference Point: NYTM-E: 458.084 NYTM-N: 4745.343

Latitude: 42°51'34.3" Longitude: 75°30'47.1" Project Location: ~0.50 mile south of the intersection of East Lake Rd and West Lake Rd Authorized Activity: This permit authorizes excavation and the placement of fill below the mean high water level (MHWL) of Lake Moraine (NYS Water Index #:SR-44-78-P152), a Class B navigable waterbody, in association to a culvert replacement project through the Lake Moraine causeway. The authorized work includes the following: removal of the deficient existing culvert; installation of a new precast box culvert (80-foot x 14.25-foot x 8-foot); installation of stone to protect the culvert inlet and outlet; and installation of stone armoring on the banks for scour and bank protection.

Unless otherwise approved in writing by the Department, work shall be accomplished only from July 15 through March 15, or anytime the work area is dry and anticipated to be in the dry for the duration of the project.

All work must be conducted in strict accordance with the plans referenced in Natural Resource Condition No. 1 this permit.

It has been determined that this project is covered under the DEC Blanket Section 401 Water Quality Certification the Department has issued for the associated Nationwide Permit(s).

Permit Authorizations

Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 7-2540-00140/00001 New Permit Effective Date: 9/26/2023 Expiration Date: 9/25/2028

NYSDEC Approval

By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit.

Permit Administrator: JONATHAN J STERCHO, Deputy Regional Permit Administrator Address: NYSDEC Region 7 Headquarters

5786 Widewaters Pkwy Syracuse, NY 13214 -1867

Authorized Signature: ______________________________________ Date ___/____/____

Permit Components

NATURAL RESOURCE PERMIT CONDITIONS

GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS

NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: EXCAVATION & FILL IN NAVIGABLE WATERS

1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application.

Such approved plans were prepared by Barton and Loguidice, titled Exhibit 5 Plans (2 sheets) and dated 12/6/2022.

2. Work Window Unless otherwise approved in writing by the Department, work shall be accomplished only from July 15 through March 15, or anytime the work area is dry and anticipated to be in the dry for the duration of the project.

3. Water Clarity Lake water adjacent to construction areas shall always remain as clear (non-turbid) as lake water outside of the construction area. No visible turbidity in the lake water shall occur from the permitted project.

4. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project.

5. Siltation Prevention Measures Siltation prevention measures, such as silt fencing, fiber rolls, compost socks, cofferdams, water diversion, turbidity curtains, sediment traps or settling basins, shall be installed and maintained during the project, to prevent movement of silt and turbid waters from the project site into any watercourse, stream, waterbody or wetland. These practices are to be installed prior to the start of any ground disturbing practices and removed as soon as they are no longer necessary. Silt fence must be removed when no erosion is apparent and disturbed soils have reached a uniform 80% vegetative cover.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 7-2540-00140

6. Install Turbidity Curtain A turbidity curtain weighted across the bottom and suspended at the top by floats shall be positioned to enclose and isolate the water in the work area before commencing any in-water work. The turbidity curtain must be of sufficient depth and installed with enough vertical slack to maintain contact with the substrate and withstand localized flows without lifting from the streambed or allowing waves to overtop the floats. No plumes of turbidity, or general contrast in lake water clarity will be allowed outside of the curtained work area. The curtain shall be maintained in functional condition during all phases of the operations and remain in place until turbidity inside the curtain no longer exceeds ambient levels. If turbidity escapes the isolated area, all work must cease, and the turbidity problem must be corrected before work can resume. Turbidity curtains to be used only in no or very low velocity situations.

7. Cofferdam Installation Any temporary cofferdam shall be constructed of materials such as sheet piling, sandbags, commodity bags, Jersey barriers, water-filled dams or clean gravel that will not contribute to turbidity or siltation of the waterbody and provide an effective means to segregate turbid water from clean water. All cofferdam materials must be completely removed only after the water clarity in the coffered area matches that of outside work area. All fish trapped within the cofferdam shall be netted and returned, alive and unharmed, to the water outside the confines of the cofferdam, in the same stream, before the dewatering process begins.

8. Water Diverson Around Work Site To protect water quality downstream of the project site, unless the streambeds are dry at the time of work, the contractor or permittee shall pass all water around or through the construction site by a bypass channel, gravity pipe or by active pumping. If pumped, the pump discharge must be directed against a solid object (concrete slab, stone, or steel container) to prevent erosion of the bed and/or banks of the waterbody. Avoid fish and aquatic organism entrainment caused by pump activity. Pump intake must be protected by placing in a sump and screened to exclude fish, or protection can be by some other effective method. Mesh of ¼ inch is recommended. Pumps that are operated closer than 100 feet from the top of bank must be on an impervious surface with absorbents capable of containing any leakage of petroleum products. During periods of work activity, flow immediately downstream of the work site shall equal flow immediately upstream of the work site.

Sufficient flow of water shall be maintained at all times to sustain aquatic life downstream.

9. No Equipment in Water Heavy equipment operation in the water is strictly prohibited. With backhoes and similar heavy equipment, the bucket may enter the water.

10. Equipment Fluid Leak Prevention All equipment that must work near the water shall be inspected for leaks of petroleum, other fluids, or contaminates, and may only enter the work area if found to be free of any leakage. All petroleum deposits must be cleaned from equipment prior to commencing work. Biodegradable fluids are recommended. A spill kit with appropriate water-specific cleaning equipment must be on site to contain and clean up any leaks that may occur during work. Any leakage must be reported as per regulations. Follow NYSDEC spills reporting procedure by contacting the NYS Spill Hotline: 1-800-457-7362. Any leakage not meeting reportable threshold must be immediately cleaned up and disposed of according to regulations.

11. Equipment Storage and Fueling Equipment must be stored in a location and manner that will prevent any leakage of deleterious substances from reaching the waterbody or wetland area. All equipment must be fueled in a location at least 100 feet from the top of bank or wetland area. Any reportable leakage must be reported as per regulations. Follow NYSDEC spills reporting procedure by contacting the NYS Spill Hotline: 1-800-457-7362. Any leakage not meeting reportable threshold must be immediately cleaned up and disposed of properly.

12. Fueling Equipment within 100 Feet Equipment must be stored in a location and manner that will prevent any leakage of deleterious substances from reaching the waterbody or wetland area. Any fueling operations occurring closer than 100 feet from the protected resource must be surrounded by oil booms, or on an impervious surface with absorbents capable of containing any leakage of petroleum products.

Equipment operators must be in possession of a spill kit with appropriate water specific cleanup equipment. Any leakage must be reported as per regulations. A spill kit must be on site to contain and clean up any leaks that may occur during work. Follow NYSDEC spills reporting procedure by contacting the NYS Spill Hotline: 1-800-457-7362. Any leakage not meeting reportable threshold must be immediately cleaned up and disposed of per regulations.

13. Dewatering Excavated Areas Water pumped out of the work area must be passed through sediment filtration bags, a settling basin, or well-vegetated upland areas more than 100 feet from the streambank or wetland area prior to release to the natural system. The outflow or discharge shall not have a visible contrast in clarity from the receiving water. Outflow or discharge shall not cause erosion or sedimentation upon re-entry of the discharge water into the waterbody or wetland area. Sediment capture devices shall be appropriately maintained so that they are functioning adequately at all times.

14. Streambed/Lakebed Material Placement Streambed/lakebed material placed in culverts, inlet aprons, and outlet aprons must remain in place during expected flows. The permittee or contractor must pack any voids in the aprons with native streambed/lakebed material or small clean material. All apron material shall be watered in prior to returning flow to the work area to improve chinking. Upon returning flow to the restored channel, if any noticeable subsurface flow occurs, the permittee or contractor shall address the issue immediately, and all flow must be returned to the surface.

15. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized.

16. Prevent Introduction or Spread of Invasive Species To prevent the unintentional introduction and spread of invasive species, the permittee must ensure that all construction equipment is cleaned of mud, seeds, vegetation and other debris prior to entering and leaving the work site. Soils and plant materials removed during the cleaning process shall be collected, contained in plastic bags or put into a covered conveyance vehicle and disposed at a Regulated Landfill, or the materials shall be otherwise rendered incapable of any growth or reproduction. All excavated material containing invasive species vegetative material, seeds, roots, or rhizomes may only be used as backfill in the exact location from which it was excavated, or bagged and removed from site as described above. A list of invasive species can be found at the following Department webpage:

http://www.dec.ny.gov/docs/lands_forests_pdf/islist.pdf.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 7-2540-00140

17. Vegetative Stabilization All areas of disturbed soils and spoil deposition areas shall be seeded with an appropriate upland, riparian or wetland conservation mix and mulched within five days of project completion, final grading, or the expiration of the permit, whichever is first. If weather conditions are not favorable for successful plant growth, soil may be stabilized with straw mulch, or an erosion control blanket made of natural fibers. No plastic or biodegradable plastics may be used.

Seeding can take place as soon as weather conditions are favorable. Erosion control protection, such as silt fence must be removed as soon as the vegetation reaches 80% coverage over disturbed soils.

Note: All spoils removed from the site must be effectively stabilized with silt fence, fiber rolls, compost socks, or similar practices. Exposed soils must be seeded and mulched. The Permittee must verify with contractor or Engineer In Charge (EIC) that the final deposition of spoils is not in a location where it can directly or indirectly enter any waterbody, stream, or wetland area.

18. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration.

19. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse.

No claim shall be made against the State of New York on account of any such removal or alteration.

20. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage.

GENERAL CONDITIONS - Apply to ALL Authorized Permits:

1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3).

The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department.

A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit.

2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination.

3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires.

Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to:

Regional Permit Administrator NYSDEC Region 7 Headquarters 5786 Widewaters Pkwy Syracuse, NY13214 -1867

4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Excavation & Fill in Navigable Waters.

5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include:

a. materially false or inaccurate statements in the permit application or supporting papers;

b. failure by the permittee to comply with any terms or conditions of the permit;

c. exceeding the scope of the project as described in the permit application;

d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit;

e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity.

6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership.

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS

Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee’s undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws.

Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.

Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit.

Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit.