6 CRR-NY 621.4NY-CRR
6 CRR-NY 621.4
6 CRR-NY 621.4
621.4 Requirements for specific permit applications.
The requirements in this section for specific permits include additional information to be furnished for the department to determine that the application is complete. Supplemental information that the department determines is necessary to review the application may be requested at any time. Procedures to be followed when reviewing an application for a permit depend upon whether a project is considered major or minor. A list of specific actions considered either major or minor is included in this section for each permit type. For each permit type where a maximum permit term is established by statute or regulation the maximum permit term is provided at the end of the relevant subdivision of this section. Implementing regulations have been promulgated by the department for most activities; in some cases interpretive guidelines have also been issued. Regulations cited in the subdivisions below should be consulted for supplemental requirements when preparing a permit application. They are available from the regional permit administrators at the locations listed in section 621.19 of this Part, or from the department's internet website at: http://www.dec.state.ny.us.
(a) Use and protection of waters, permits under Part 608 of this Title, article 15, title 5 of the ECL.
(1) Disturbance of the bed or banks of a protected stream.
(i) A complete application must include a properly completed joint application for permit form, plan and profile sketches of the proposed project and a map at a scale of 1″ = 2,000′ (1 cm = 240 m) or larger showing its location.
(ii) Minor stream bed or bank disturbance actions include the following: repair or in- kind replacement of existing structures; disturbances of less than 100 lineal feet (30.48 linear meters) along any 1,000 feet (304.8 meters) of watercourse.
(2) Construction, reconstruction, repair, removal or breach of a dam.
(i) A complete application must include a properly completed joint application for permit and supplemental forms and information specified in Part 608 of this Title.
(ii) Ordinary maintenance, as defined in section 608.1(v) of this Title, is exempt from permitting requirements.
(iii) Minor dam projects include only repairs of existing dams inventoried by the department and for which an engineering assessment pursuant to Part 673 of this Title is on file with the department.
(3) Construction, reconstruction and expansion of piers, wharfs, platforms, breakwaters, docking facilities and the placement of moorings.
(i) A complete application must include a properly completed joint application for permit and supplemental forms, plan and profile sketches of the proposed project, and a map at a scale of 1″ = 2,000′ (1 cm = 240 m) or larger showing the project location. For docking or mooring facilities the applicant must submit a plan drawn to scale depicting structures, and where appropriate, delineated facility perimeters that include a reference point to a permanent structure or significant natural feature.
(ii) Minor dock and mooring projects include:
(a) construction or installation of docks, piers, wharfs or other structures used solely as a landing place, providing dockage for 10 or fewer boats and encompassing within a facility perimeter an area of 8,000 square feet or less;
(b) the in-kind replacement of a structure on open supports; and
(c) establishing a mooring facility for 20 or fewer boats.
(4) Excavation or placement of fill in navigable waters.
(i) A complete application must include a properly completed joint application for permit form, plan and profile sketches of the proposed project, a map at a scale of 1″ = 2,000′ (1 cm = 240 m) or larger showing its location, and must identify the means and location of dredged material disposal.
(ii) Minor excavation or placement of fill projects include: fill of less than 100 cubic yards; maintenance dredging occurring at least once every 10 years; excavation or placement of fill of 5,000 square feet or less; riprap of less than 100 linear feet for each parcel of land; repair or replacement in-kind and in-place of existing structures.
(b) Water withdrawals and Long Island wells, permits under parts 601 and 602 of this Title, article 15 title 15 of the ECL.
(1) A complete application must include a properly completed joint application for permit and supplemental forms and all exhibits listed in Part 601 of this Title.
(2) Minor water withdrawal projects include:
(i) with respect to a public water supply, the extension of a water district or other service area to an existing facility, or a proposed facility having all required approvals from involved regulatory entities where present sources of supply are adequate to serve the proposed extension area and where the additional area does not exceed 50 percent of the size of the previously approved area;
(ii) replacement of a well with an equivalent well in the same aquifer having a capacity not more than 110 percent of the original;
(iii) changes in ownership of a water withdrawal system, including acquisitions of private systems by a town or county water district;
(iv) enlargement of existing facilities involving an increase of not more than 45 gallons per minute for groundwater sources and not more than 150 gallons per minute for surface sources, or 10 percent of the original capacity, whichever is greater; and
(v) applications for initial permits pursuant to article 15, title 15 of the ECL and section 601.7 of this Part:
(3) Minor Long Island well projects include:
(i) a well used solely for cooling purposes where all water pumped will be recharged within 50 vertical feet of the taking point, and no SPDES permit is required;
(ii) temporary dewatering systems withdrawing less than one million gallons per day;
(iii) permanent dewatering systems, providing all water pumped is completely recharged within 50 vertical feet of the taking point and no SPDES permit is required;
(iv) a well with a permanently installed pump, to be used for fire protection purposes only; and
(v) replacement of a well with an equivalent well in the same aquifer having a capacity not more than 110 percent of the original.
(4) Permit terms. The maximum permit term for permits identified in this subdivision is 10 years.
(c) Transportation of water by vessel, permits under article 15 of title 15 of the ECL.
(1) A complete application must be accompanied by any supplemental information which the department notifies the applicant is necessary to review the application. Details are available from department staff at the locations listed in Appendix 1 of this Title, infra.
(2) There are no minor water transport projects.
(d) Wild, scenic and recreational rivers, (except river areas on private land in the Adirondack Park which are subject to 9 NYCRR Part 577), permits under 6 NYCRR Part 666 of this Title, article 15 title 27 of the ECL.
(1) A complete application must include a properly completed joint application for permit and supplemental forms, a map at a scale of 1″ = 2,000′ (1 cm = 240 m) or larger showing the project location and the boundary of the river area, and upon notification by the department, any other supplemental information that the department determines is necessary to review the application.
(2) Minor rivers system projects include: subdivisions creating not more than two lots; construction of single-family dwellings in subdivisions approved pursuant to Part 666 of this Title or on lots that otherwise conform to the restrictions of Part 666 of this Title; and construction of accessory structures or signs.
(3) Permit term. The maximum permit term for permits identified in this subdivision is five years.
(e) Water quality certifications in accordance with section 401 of the Clean Water Act, (see section 608.9[c] of this Title) and Part 608 of this Title.
(1) A complete application for a water quality certification must include either:
(i) a written request for the water quality certification; or
(ii) a properly completed joint application for permit form.
(2) The department may also request a properly completed application and supporting documentation for any required Federal permits or licenses.
(3) If permit are required from the department for the activity the application must include properly completed applications.
(4) Minor 401 certification projects include those which will not exceed the minor project thresholds established in this Part for protection of waters, freshwater wetlands or tidal wetlands, and which do not involve the approval of construction and operation of hydroelectric generating facilities.
(5) Permit term. The maximum permit term will be concurrent with the permit term for the accompanying permit issued pursuant to any program administered under this Part or the term of a license or other authorization issued by a Federal agency.
(f) State Pollutant Discharge Elimination System (SPDES), permits under Part 750 of this Title, article 17 titles 7 and 8 of the ECL.
(1) A complete application must include properly completed application forms, a location map or plan at a scale of 1″ = 2,000′ (1 cm = 240 m) or larger showing the point of discharge into the receiving waters, and any other supplemental information that the department determines is necessary to review the application.
(2) Minor SPDES projects include:
(i) discharges of less than 10,000 gallons per day of sewage effluent, without the admixture of industrial wastes or other wastes, to groundwaters; and
(ii) ballast discharges.
(3) Permit term. For delegated permits a maximum of five years. For non-delegated permits a maximum of 10 years.
(g) Air pollution control, permits under Parts 201 and 231 of this Title, article 19 of the ECL.
(1) A complete application must include information specified in Part 201 of this Title, and other applicable air pollution control regulations.
(2) The types of projects described in subparagraphs (i)-(viii) of this paragraph that follow, are major; all others are minor:
(i) projects subject to the title V facility permit requirements under Part 201 of this Title including: initial permitting of subject facilities, permit renewals and significant modifications;
(ii) projects involving any State facility permit for the construction and initial operation of new emission units comprised solely of new emission sources at title V permitted facilities that are defined as significant permit modifications pursuant to section 201-6.6(d) of this Title;
(iii) projects subject to major new source review permitting under Part 231 of this title (New Source Review for New and Modified Facilities);
(iv) projects requiring emission reduction credits;
(v) projects requiring the use of a federally enforceable emission cap;
(vi) projects involving the emission sources subject to National Emission Standards for Hazardous Air Pollutants under 40 CFR 61, except for emission sources subject to 40 CFR part 61 subpart M - National Emission Standards for Hazardous Air Pollutants for Asbestos, section 61.145, Standards for Demolition and Renovation (see Table 3 in Part 200 of this Title);
(vii) projects involving the construction of new facilities with emission sources subject to National Emission Standards for Hazardous Air Pollutants under 40 CFR part 63 (see Table 4 in Part 200 of this Title); and
(viii) projects subject to title IV requirements under the CAA (see section 200 of this Title).
(3) Permit term. The maximum permit term for permits identified in this subdivision:
(i) five years for title V and title IV facility permits;
(ii) an indefinite term for State facility permits, except for new or modified State facility permits, which shall receive a permit term not to exceed 10 years as provided for in section 201-5.3(a) of this Title.
(h) Liquefied natural gas and petroleum gas facilities (LNG/LPG), permits under article 23 title 17 of the ECL.
(1) There are no minor LNG/LPG projects.
(2) Permit term. The maximum permit term for permits identified in this subdivision is 10 years.
(i) Mined land reclamation, permits under Parts 420-425 of this Title, and article 23 title 27 of the ECL.
(1) A complete application must include a:
(i) complete mining permit application;
(ii) complete organizational report;
(iii) mined land-use plan;
(iv) statement by the applicant that mining is not prohibited at that location; and
(v) such additional information as the department may require.
(2) Minor mining projects are those which meet all of the following criteria:
(i) total acreage affected by mining for entire mining site is less than five acres regardless of length of mining period;
(ii) total depth of mine from floor to top of mine face is less than 20 feet;
(iii) any on-site processing of mining products consists of only those activities that are exempt from air contamination source permits pursuant to section 201-3.2(c)(28) and (29) of this Title;
(iv) there is no mining within 100 feet of any surface waters;
(v) there is no mining of consolidated minerals;
(vi) there is no mining within 500 feet of any dwelling; and
(vii) there is no mining below the water table at the mine site.
(3) Permit term. The maximum permit term for permits identified in this subdivision is five years.
(j) Freshwater wetlands, permits under Part 663 of this Title, and article 24 of the ECL.
(1) A complete application must include a properly completed joint application for permit form, plans and profile sketches of the proposed project, and a map at a scale of 1″ = 2,000′ (1 cm = 240 m) or larger showing the project's location and, if determined necessary, a wetland delineation approved by the department.
(2) Minor freshwater wetlands projects include:
(i) in-kind and in-place replacement of existing functional bulkheads and similar structures;
(ii) restoring, reconstructing, or modifying existing functional structures or facilities, excluding drainage ditches, that involves a temporary disturbance of less than 50 square meters (approximately 540 square feet) of ground surface;
(iii) removing or breaching a nuisance beaver dam, in conjunction with a nuisance beaver permit issued pursuant to article 11 of the ECL, in order to restore water levels in a wetland. The beaver dam must have been constructed within the current growing season;
(iv) constructing a driveway in the adjacent area of a wetland to an existing residence;
(v) filling for dikes or berms, excavations or other activities associated with a wetland or riparian restoration project authorized, designed or undertaken by the USDA Natural Resources Conservation Service, USDI Fish and Wildlife Service, US Army Corps of Engineers or the department;
(vi) filling for dikes or berms, excavations and other activities associated with an approved wetland mitigation project required by the US Army Corps of Engineers, the USDA Natural Resources Conservation Service, or the department;
(vii) cutting but not elimination or destruction of vegetation, such that the functions and benefits of the wetland are not significantly adversely affected;
(viii) dredging less than 523 cubic yards (400 cubic meters) to maintain present navigational channels;
(ix) drilling a water well to serve an individual residence;
(x) drilling test wells for sampling and scientific studies but not for mineral exploration;
(xi) installing a dock, pier, wharf or other structure built on floats or open-work supports and having a top surface area of approximately 200 square feet (20 square meters) or less;
(xii) installing electric, telephone or other utilities from an existing utility distribution facility to a structure, where no major modifications or construction activities in the wetland are necessary;
(xiii) building a deck adjoining an existing dwelling within an adjacent area;
(xiv) routine beach regrading and cleaning;
(xv) intensive, organized and repetitive use of all-terrain vehicles, air and motor boats, and snowmobiles in the adjacent area;
(xvi) clear cutting timber in the adjacent area;
(xvii) installing utility service to an individual residence;
(xviii) application of a pesticide in an adjacent area conducted pursuant to a permit issued under article 15 of the ECL and Parts 327, 328 and 329 of this Title;
(xix) application of a pesticide to the grounds of a private residence by the owner;
(xx) installation of fencing in an adjacent area;
(xxi) constructing, in an adjacent area, farm ponds that do not require a permit pursuant to Part 608 of this Title;
(xxii) permanent filling of amounts of material not to exceed 1,150 cubic feet, associated with the restoration of an existing functional structure in the adjacent area of a wetland;
(xxiii) placing a non-commercial structure, no large than 576 square feet (53.51 square meters) gross floor area and no closer than 25 feet (7.62 meters) from the wetland boundary, approximate to an existing single family residence in the adjacent area of a wetland.
(k) Tidal wetlands, permits under Part 661 of this Title and article 25 of the ECL.
(1) A complete application must include:
(i) properly completed joint application for permit form;
(ii) plan and profile sketches of the proposed project;
(iii) a map at a scale of 1″ = 2,000′ or larger showing its location;
(iv) project plans at a scale of 1″ = 100′ (1 cm = 12 m) with a contour interval of two feet (.609 meter) and showing the mean high water line (if the project is in the water) and/or the tidal wetlands boundary as delineated at the site by department staff or an environmental consultant, or an accurate representation of the tidal wetland boundary as taken from the official tidal wetlands maps;
(v) a description of the project including its proposed use;
(vi) the names of adjacent landowners;
(vii) a statement of feasible alternatives; and
(viii) a statement of methods to mitigate or eliminate adverse impacts to tidal wetlands.
(2) Minor tidal wetland projects include any activity given a designation of GCp - Generally Compatible Use - Permit Required in Part 661 of this Title.
(3) Permit term. The maximum permit term for permits identified in this subdivision is 10 years.
(l) Waste transporter and low level radioactive waste (LLRW) transporter, permits under Parts 364 and 381 of this title, and article 27 title 3 of the ECL.
(1) A complete application for industrial and low level radioactive waste collection must include details of specific waste characteristics and other supplemental information which the department notifies the applicant is necessary to review the application.
(2) All transportation projects are minor.
(3) Permit term. The maximum permit term for permits identified in this subdivision is one year.
(m) Solid waste management facilities (SWMF), permits under Part 360 of this Title, and article 27 title 7 of the ECL.
(1) A complete application for a solid waste management facility permit must include properly completed application forms, a map at a scale of 1″ = 2,000′ (1 cm = 240 m) or larger showing the project location, plans, reports and other supporting information required by Part 360 of this Title. If the facility is to be constructed in stages, the initial application must contain the conceptual design for the entire facility and detailed construction plans for the initial stage.
(2) Minor solid waste management facility projects include:
(i) yard trimming composting facilities receiving less than 100,000 cubic yards annually;
(ii) transfer facilities receiving less than 50 tons of solid waste per day, provided a maximum of 250 tons or 1,000 yards of waste, excluding recyclables, is located at the facility at any given time;
(iii) a composting or organics processing facility subject to the provisions of Subpart 361-3 of this Title located at a landfill, provided the addition of the composting or organics processing facility results in no change in the approved design capacity at the facility;
(iv) construction of subsequent stages of a solid waste management facility, when:
(a) the facility was previously approved to be constructed in stages; and
(b) the environmental impacts associated with the entire facility including the specific proposed stage, were previously addressed in accordance with SEQR;
(v) research development and demonstration projects regulated under section 360.18 of this Title.
(3) Permit term. The maximum permit term for permits identified in this subdivision is 10 years.
(n) Hazardous waste management facilities (HWMF), permits under Part 373 of this Title, and article 27 title 9 of the ECL.
(1) A complete application for construction or operation or construction and operation of a hazardous waste management facility must include:
(i) properly completed application forms;
(ii) plans, reports and supporting information required by Part 373 of this Title;
(iii) other supplemental information which the department notifies the applicant is necessary to review the application; and
(iv) expanded public participation documentation, in compliance with Subpart 373-1 of this Title, for new hazardous waste management units or major modifications of existing permits.
(2) There are no minor hazardous waste management facility projects.
(3) Permit term. The maximum permit term:
(i) not to exceed five years for land disposal and incinerators; or
(ii) not to exceed 10 years for all other hazardous waste facilities.
(o) Siting of industrial hazardous waste facilities, permits under Part 377 of this Title, and article 27 title 11 of the ECL.
(1) A Part 377 application accompanies a hazardous waste management facility application (Part 373 application) and in order to be complete must include plans, report, draft environmental impact statement and supporting information required by Part 377 of this Title, as well as any supplemental information which the department notifies the applicant is necessary to review the application.
(2) There are no minor projects under Part 377 of this Title.
(p) Coastal erosion management, permits under Part 505 of this Title, and article 34 of the ECL.
(1) A complete application must include a properly completed joint application for permit form, be accompanied by plans, supporting documentation required by Part 505 of this Title and any other supplemental information which the department notifies the applicant is necessary to review the application.
(2) At the request of an applicant, the department shall coordinate and consolidate its application review procedures with any other such procedures required by any other Federal, State or local agency into a single, comprehensive review and hearing procedure to the extent practicable to comply with ECL section 34-0107(6).
(3) The following are minor projects: excavation, grading, mining, filling or dredging of less than 100 cubic yards; construction or modification of docks, piers, or wharves not on fill; construction or modification of erosion protection structures not exceeding 100 linear feet.
(q) Radiation control, permits under 6 NYCRR Part 380 and articles 1, 3, 17, 19, and 27 of the ECL.
(1) A complete application for a Part 380 permit must include information specified in section 380-3.2 of this Title.
(2) The following types of projects are minor; all others are major:
(i) the discharge of licensed radioactive material to the environment in effluents to the air or water at concentrations less than the effluent concentration values listed in Table II of section 380-11.7 of this Title;
(ii) the discharge of licensed radioactive material to the environment in effluents to the air or water at concentrations greater than the effluent concentration values listed in Table II of section 380-11.7 of this Title and for which the potential total effective dose equivalent to any individual member of the public does not exceed 10 millirem per year; and
(iii) the use of licensed radioactive material in the environment to conduct an environmental study for which the potential total effective dose equivalent to an individual member of the public does not exceed 10 millirem per year.
(3) Permit term. The maximum permit term for permits identified in this subdivision is five years.
6 CRR-NY 621.4
Current through February 15, 2022
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