A. My construction project will disturb more than one acre of soil surface, and involves:

Building a single-family home on a single lot OR
Building a residential subdivision of less than five acres disturbance

The site operator must:

Develop a Basic Stormwater Pollution Prevention Plan (SWPPP) (often referred to as simply and “Erosion and Sediment Control Plan”) in accordance with the New York Standards and Specifications for Erosion and Sediment Control , available at DCSWCD April 2005.
Submit a Notice of Intent based on the completed Basic Stormwater Pollution Prevention Plan (SWPPP) to NYSDEC.
Begin construction after a five business day NYSDEC review period, unless informed otherwise by NYSDEC.

Note: In a multi-lot development project where all individual lots are less than one acre in size, and lots will be sold to homebuilders individually, but the total area disturbed is in excess of an acre, a permit is still required. This is an example of what would be considered a “larger common plan of development” as discussed in SPDES Permit GP-02-01

The Notice of Intent (NOI) must be completed by the owner/operator of the site. The owner/operator is defined as the person(s) who has operational control over the construction project’s plans and specifications and the ability to make modifications to them, and who provides day-to-day compliance with the SWPPP or other permit controls.

A copy of the NOI, SPDES Permit GP-02-01, and the Stormwater Pollution Prevention Plan must be kept on site at all times while work is in progress. All contractors and subcontractors implementing any work under SPDES Permit GP-02-01 must sign the contractor certification statement as specified in the SPDES Permit GP-02-01

A plan must be developed for control of erosion and sedimentation during construction. This plan must show appropriate vegetative and structural measures for reducing runoff velocity, stabilizing soil to prevent erosion, and capturing eroded sediment before it leaves the site. All practices must be designed in accordance with the New York Standards and Specifications for Erosion and Sediment Control. A plan for maintenance of these practices to keep them functioning effectively should also be included.

VERY IMPORTANT: NOTHING IN THE PERMIT AUTHORIZES YOU TO CAUSE OR CONTRIBUTE TO A VIOLATION OF WATER QUALITY STANDARDS!

Generally, if a visible contrast to natural conditions in a receiving stream, lake, or other water body can be observed and traced to the project, NYSDEC will consider it to be a contravention of water quality standards. This would constitute a violation of the New York State Environmental Conservation Law. This means that even if you have completed a SWPPP and are implementing it to the best of your ability, and have a Notice of Intent on file with NYSDEC, discharge of polluted water to a receiving water body, wetland, or drainage system is still a violation of the law. A SWPPP that is ineffective in preventing erosion or pollution of water resources must be amended so that it is adequate. The SWPPP must also be appropriately modified if substantive changes to the project scope, sequence, or configuration are made.

[ Home ] [ Up ]

A. My construction project will disturb more than one acre of soil surface, and involves:

Send mail to Webmaster with questions or comments about this web site. Last modified: 02/05/10

Send mail to Webmaster with questions or comments about this web site.
Last modified: 02/05/10