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Version of 22207

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Version of 22207 ...

    01/29/08 - DSB

    4.4.2 Surface Waterbodies and Watercourses

; Subsections:

     This section shall contain the following subsections:

    Surface Waters

    Surface Water Classification and Standards

    Stream Bed and Bank Protection

    Airport and Airway Improvement

; Regulatory Framework and Guidance:

    ECL Article 17, Title 3 - Aquatic Pesticides

    ECL Article 15, Title 5 - Protection of Bed and Banks of Streams

    ECL Article 17, Title 7 Point Source Discharges

    NYCRR 608 - NYSDEC Section 401 Water Quality Certification

    NYSDOT/NYSDEC Memorandum of Understanding on Surface Water

    Section 303(d) - State listed polluted waterbodies

    Federal Airport and Airway Improvement Act of 1982

     Total Maximum Daily Load (TMDL) Watershed

; Interagency Coordination:

    Document any consultation or coordination with outside agencies (meetings, site visits, major

    submissions and correspondence, permits, needs, consultation, etc.)

    NYSDEC review/approve Joint Application for Permit

    NYSDEC ECL Article 15, Title 5 - Protection of Waters Permit

    NYSDEC ECL Article 17, Title 3 - Aquatic Pesticides Control Permit

    NYSDEC Section 401 - Blanket WQC

    NYSDEC Section 401 - Project Specific WQC

    USACOE Section 401 WQC concurrence with NYSDEC recommendation

    USACOE US Waters and Section 404 Permit

    USACOE US Waters and Section 10 Permit

    FAA Airport involvement and consultation

; Cross-reference:

    DAD permit section

    4.4.1 Wetland permits

    4.4.4 Navigable Waters/Section 10 Permit

    4.4.8 Stormwater Management

    4.4.9 General Ecology and Wildlife Resources

    4.6 Construction Effects

    4.7 Indirect (Secondary) Effects

    4.8 Cumulative Effects

    4.10 Adverse Environmental Effects that Cannot be Avoided or Adequately Mitigated

    Surface Waters

; Topics may include, but are not limited to:

    Existing waterbodies, watercourses, drainage basins

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    Regulated waterbodies and watercourses

    Office of General Services Lands and Navigable Waters

    Permit requirements

    Effects (impacts) assessment

    Impacts of snow and ice control materials

    ; Include a general statement about the surface waters present in the project’s area of potential

    effect. Briefly mention streams, rivers, etc., where they are located and where they flow to.

    ; FHWA guidance from Technical Advisory T6640.8A

    The draft EIS should include summaries of analyses and consultations with the State and/or local

    agency responsible for water quality. Coordination with the EPA under the Federal Clean Water

    Act may also provide assistance in this area. The discussion should include sufficient information

    to describe the ambient conditions of streams and water bodies which are likely to be impacted,

    and identify the potential impacts of each alternative and proposed mitigation measures. Under

    normal circumstances, existing data may be used to describe ambient conditions. The inclusion of

    water quality data spanning several years is encouraged to reflect trends.

    For each alternative under detailed study, the draft EIS should contain exhibits and discussions

    identifying the location and extent of water body modifications (e.g., impoundment, relocation,

    channel deepening, filling, etc.). The use of the stream or body of water for recreation, water

    supply, or other purposes should be identified. Impacts to fish and wildlife resulting from the loss,

    degradation, or modification of aquatic or terrestrial habitat should also be discussed. The results

    of coordination with appropriate Federal, State and local agencies should be documented in the

    draft EIS. For example, coordination with FWS under the Fish and Wildlife Coordination Act of

    1958.

    ____________________________________________________________________________________ [Use if no permits are anticipated]

    The project activities do not involve excavation in, or the discharge of dredged or fill material into, Waters of the U.S.. No permits under this Section are anticipated.

    ____________________________________________________________________________________

    ____________________________________________________________________________________ [Use if a USACOE Section 404 Nationwide #3 or #33 Permit is anticipated]

The project activities will require temporary fills in Waters of the U.S. for cofferdams and dewatering of the

    work site. It is anticipated that this work can be authorized under the U.S. Army Corps of Engineers (USACOE) Section 404 Nationwide Permit #3 - Maintenance Activities in All Waters of the U.S. and

    Nationwide Permit #33 - Temporary Construction, Access and Dewatering. Nationwide Permit #33

    requires the Department to provide a pre-construction notification to the USACOE and to receive an authorization prior to undertaking the proposed activities. The permits will be obtained once the location

    and the extent of the impacts are ascertained. Work will not commence until the permit(s) are acquired and will adhere to any conditions set forth by the permit requirements.

    ____________________________________________________________________________________

    ____________________________________________________________________________________ [Use if a USACOE Section 404 Nationwide #23 Permit is anticipated]

    The Department, in concurrence with the FHWA, has determined this project will be progressed under US Army Corps of Engineers (ACOE) Nationwide Permit #23 (Approved Categorical Exclusion).

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ACOE concurs with the classification of the project as a Categorical Exclusion. See Appendix --- for

    correspondence OR A statement for verification to the Corps District Engineer will be made during final design.

    ____________________________________________________________________________________

    ____________________________________________________________________________________ [Use if a USACOE Section 404 Nationwide Permit is anticipated]

    It is anticipated that the proposed project activities will require impacts to Waters of the U.S.. It is expected that this work will be authorized under Nationwide Permit #---. The permit(s) will be obtained

    once the location and the extent of the impacts are ascertained. Mitigation to minimize impacts may be required. Work will not commence until the permit is acquired, and will adhere to any conditions set forth by the permit requirements. Discuss permit and any special restrictions or requirements.

    ____________________________________________________________________________________

    ____________________________________________________________________________________ [Use if a USACOE Section 404 Individual Permit is anticipated]

    It is anticipated that the proposed project activities will require impacts to Waters of the U.S.. It is expected that this work will be authorized under an Individual Permit. The permit will be obtained once

    the location and the extent of the impacts are ascertained. Mitigation to minimize impacts may be required. Work will not commence until the permit is acquired, and will adhere to any conditions set forth by the permit requirements. Discuss permit and any special restrictions or requirements.

    ____________________________________________________________________________________

    ____________________________________________________________________________________ [Use if a NYSDEC/USACOE Section 401 Water Quality Certification and USACOE Section 10 Permit are not anticipated]

    A Section 401 Water Quality Certification and USACOE Section 10 Permit are not required for the proposed project, since it does not involve work within the Waters of the U. S..

    ____________________________________________________________________________________

    ____________________________________________________________________________________ [Use if a NYSDEC/USACOE Blanket Section 401 Water Quality Certification is anticipated]

    A Blanket Section 401 Water Quality Certification applies to this project since the work required will meet the requirements of a (Section 404) (Section 10) Nationwide Permit #----.

    ____________________________________________________________________________________

    ____________________________________________________________________________________ [Use if a NYSDEC/USACOE Individual Section 401 Water Quality Certification is anticipated]

    An Individual Section 401 Water Quality Certification will be required for this project since an Individual (Section 404) or (Section 10) Permit is required. Public Notification requirements will apply.

    ____________________________________________________________________________________

Surface Water Classification and Standards

    ; Topics may include, but are not limited to:

    NYSDOT/NYSDEC Memorandum of Understanding

    Section 303(d) listed waterbodies

    Total Maximum Daily Load (TMDL) Watershed

    Effects (impacts) assessment

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    ____________________________________________________________________________________ [Use if no surface waters are present within the project’s area of potential effect]

    Based upon a review of the NYSDEC GIS data maps for regulated streams, there are no surface waterways within the proposed project limits.

    ____________________________________________________________________________________

    ____________________________________________________________________________________ [Use if regulated surface waters are identified within the project’s area of potential effect]

    ; Refer to the “FINAL New York State 2006 Section 303(d) List of Impaired Waters,” located on the

    NYSDEC web site: http://www.dec.ny.gov/chemical/31290.html

Based upon a review of the NYSDEC GIS data maps for regulated streams, there are two regulated

    streams, --- Creek and --- Creek, as well as one regulated water body, --- Pond, within the project limits.

The two regulated streams are rated Class C and are not 303(d) segments. The trout pond is rated a

    class B(t) water body and is not a 303(d) water body.

[Insert following paragraphs, as applicable]

    The best usages for Class/Standard “A-S” waters are: source of water supply for drinking, culinary or food processing purposes, primary and secondary contact recreation, and fishing. The water quality is suitable for fish propagation and survival.

    The best usages for Class/Standard “A” waters are: source of water supply for drinking, culinary or food processing purposes; primary and secondary contact recreation; and fishing. The water quality is suitable for fish propagation and survival.

The best usages for Class/Standard “B” waters are for primary and secondary contact recreation and

    fishing. The water quality is suitable for fish propagation and survival.

    The best usage for Class/Standard “C” waters is fishing. Water quality is suitable for fish propagation and survival. The water quality shall be suitable for primary and secondary contact recreation, although other factors may limit the use for these purposes.

    The best usage for Class/Standard “C(t)” waters is fishing. The water quality is suitable for trout propagation and survival. Water quality shall be suitable for primary and secondary contact recreation, although other factors may list the use for these purposes.

    The best usage for Class/Standard “C(ts)” waters is fishing. The water quality is suitable for trout propagation, survival and spawning. Water quality shall be suitable for primary and secondary contact recreation, although other factors may limit the use for these purposes.

The best usage for Class/Standard “D” waters is fishing. Due to such natural conditions as intermittency

    of flow, water conditions not conducive to propagation of game fishery, or stream bed conditions, the waters will not support fish propagation. The water quality shall be suitable for fish survival, primary and secondary contact recreation, although other factors may limit the use of these purposes.

    ; The New York State Department of Conservation (NYSDEC) should be consulted to determine

    any restrictions to construction activities due to fish spawning seasons or other water quality

    concerns. Discuss any restrictions due to trout waters, etc. Coordination should continue up to

    Plans, Specifications and Estimate (PS&E) submittal. Although NYSDOT is exempt from Article

    15 and no permit is required, it is necessary to coordinate with NYSDEC with respect to the

    above-mentioned memorandum.

    The New York State Department of Conservation (NYSDEC) will be consulted to determine any restrictions to construction activities due to fish spawning seasons or other water quality concerns.

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The project is not located within or adjacent to a TMDL Watershed. OR The project is located within or

    adjacent to a TMDL Watershed (--- Watershed). The project will be evaluated for water quality treatment practices to reduce pollutant and phosphorous loadings.

    ____________________________________________________________________________________

Stream Bed and Bank Protection

    ; Topics may include, but are not limited to:

    Effects (impacts) assessment

    Permit requirements

    ____________________________________________________________________________________ [Use if there are no protected streams, or regulated stream areas present]

    Based upon a review of the NYSDEC GIS database, and as verified by a site visit, there are no protected streams, nor 50-foot regulated stream banks (on either side of a regulated stream) in the project area. ____________________________________________________________________________________

    ____________________________________________________________________________________ [Use if there are protected streams within the project’s area of potential effect]

    Based upon a review of the NYSDEC GIS database, and as verified by a site visit, there are protected streams in the proposed project area. These include list streams or rivers and where/what they flow into.

NYSDOT GIS information indicates that identify streams/rivers are designated as Class ---, Standard ---

    Surface Waters as defined by Title 6, Part 701 of the Water Quality Regulations. Coordination with NYSDEC will continue pursuant to 1997 “DEC/DOT MOU Regarding ECL Articles 15 and 24”.

    ____________________________________________________________________________________

Airport and Airway Improvement

    ; Topics may include, but are not limited to:

    Effects (impacts) assessment

    Airplane deicing and consequent runoff

    ____________________________________________________________________________________

Mitigation Summary

    ; Topics may include, but are not limited to:

    Mitigation (avoidance, minimizing, rectifying, reducing or eliminating, compensating)

    Include a general statement here about any efforts to mitigate impacts for the different alternatives. ____________________________________________________________________________________

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