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NEW YORK PERMIT INFO

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NY Joint Permit Application Form

NY Joint Permit Application Instructions 

This application form can be sent to  U.S. Army Corps of Engineers, Buffalo District, Regulatory Branch, 1776 Niagara Street, Buffalo, New York  14207.  To apply for other permits with other agencies that may be associated with Department of the Army permits, you must send an individual copy directly to that agency.

** You may be required to complete additional coordination if these conditions apply:

For projects along Lake Erie or Lake Ontario:

Section 401 of the Clean Water Act (Water Quality Certification [WQC]):  An individual WQC may be required from the state if your projects exceeds ½ acre of total impacts to waters of the United States.  Please note your Corps permit may be authorized as provisional if you have not received individual WQC if it’s required. The Corps recommends that you contact the New York State Department of Environmental Conservation (DEC) to determine if this will be required for your project; click here for more information.

Endangered Species:  The Corps is required to coordinate with the  U.S. Fish and Wildlife Service (USFWS) for any proposed project (all permit types) that may affect a federally listed threatened or endangered species. Specific to Nationwide Permits (NWP), General Condition 18 (Endangered Species), states that a pre-construction notification be submitted to the Corps if a federally listed species is in the "vicinity" of an applicant's project. Below is information on some of the federally listed species that commonly exist within project areas in New York:

Historic Properties: The Corps of Engineers is required to coordinate with the NYS Historic Preservation Office regarding any potential impacts to any historic properties that may exist within a proposed project area.

 

Permit applicants are required to describe how they will avoid, minimize, and compensate for impacts to waters of the United States.  Unavoidable impacts may require compensatory mitigation to help offset the loss of functions and services.  Typically, compensatory mitigation will be required for permanent jurisdictional wetland losses greater than 0.1 acre.  Compensatory mitigation for jurisdictional stream or other aquatic resource impacts will be determined on a case-by-case basis.  For additional information, please review additional mitigation information and information on wetlands, streams, and navigable waterways available on the Waters and Wetlands Information page.

NY Section 404 Letters of Permission

NY Section 404 Letters of Permission Application Procedures

Summary of Categories

LOCATION OF WORK:

These LOP procedures shall apply to work in all waters of the United States (WOUS) that are located within the State of New York and subject to regulation by the USACE Buffalo District.

ACTIVITIES COVERED:

Categories of Activities eligible for LOP authorization include the following, subject to the General and Special Conditions and requirements noted below, and any Special Conditions added by USACE upon project specific review:

Category 1:     THE DISCHARGE OF DREDGED OR FILL MATERIAL CAUSING THE LOSS OF UP TO 1.0 ACRE OF WOUS ANDTHE LOSS OF NO MORE THAN 500 LINEAR FEET OF STREAM CHANNEL ASSOCIATED WITH THE CONSTRUCTION OF RESIDENTIAL, COMMERCIAL, INSTITUTIONAL OR INDUSTRIAL DEVELOPMENTS. 

•           Authorization will be limited to projects that include appropriate compensatory mitigation and which have been determined to represent the least environmentally damaging practicable alternative according to CWA 404(b)(1) guidelines.  

•           Culverted stream crossing activities will be conducted according to guidelines outlined in Appendix A- Culvert Installation Requirements, unless criteria are waived by the USACE.

Category 2:     PLACEMENT OF A MAXIMUM OF 2000 CUBIC YARDS OF SAND INTO OPEN WATERS TO MAINTAIN AND RESTORE BATHING BEACHES. 

•           Authorization shall be limited to projects involving a maximum of 2000 cubic yards of beach-compatible sand placed below ordinary high water (OHW). 

•           Sand material is to be obtained from an upland source or suitable dredged material meeting grain size requirements outlined in the USEPA/USACE Great Lakes Dredged Material Testing and Evaluation Manual (http://www.epa.gov/glnpo/sediment/gltem/404main.pdf).

•           The dredged material must be free from chemical, biological, or other pollutants.

•           Placement may not occur within or be associated with activities occurring in wetlands as defined in Title 33 CFR Part 320 et. seq. or other special aquatic sites which are defined in Title 40 of the CFR Part 230. 

•           Note:  Any dredging activities will require a separate permit authorization. 

 

Category 3:     PLACEMENT OF NO MORE THAN 10,000 CUBIC YARDS OF PREDOMINANTLY GRANULAR DREDGED MATERIAL INTO NEARSHORE AREAS OF THE NIAGARA AND ST. LAWRENCE RIVERS, AND LAKES ERIE AND ONTARIO, LOCATED WITHIN THE STATE OF NEW YORK TO MAINTAIN THE LITTORAL SYSTEM.

•           Suitability of the dredged material and any testing requirements will be determined through coordination with the USACE Project Manager (PM). 

•           If testing of the dredged material is required, the dredged material must be sampled, tested, and evaluated in accordance with the USEPA/USACE Great Lakes Dredged Material Testing and Evaluation Manual (http://www.epa.gov/glnpo/sediment/gltem/404main.pdf) to determine if the material meets federal guidelines for near shore placement.

•           If testing of the coarse-grain dredged material is determined as necessary, surface grab samples are acceptable to represent characteristics of the dredged material - if the material has been dredged within the last five years and/or constitutes a shoal that is less than two feet above the proposed dredging elevation as defined in Title 40 CFR 230.11(d).

•           The dredged material must be free from chemical, biological, or other pollutants.

•           These discharges may not occur within or be associated with activities occurring in wetlands as defined in Title 33 CFR Part 320 et. seq. or other special aquatic sites which are defined in Title 40 of the CFR Part 230. 

           Note:  Any dredging activities will require a separate permit authorization. 

Category 4:     DISCHARGE OF DREDGED MATERIAL INTO USACE APPROVED OPEN LAKE PLACEMENT AREAS IN LAKES ERIE AND ONTARIO LOCATED WITHIN THE STATE OF NEW YORK. 

•           Note:  Any dredging activities will require a separate permit authorization. 

•           Suitability of the dredged material and any testing requirements will be determined through coordination with the USACE Project Manager (PM). 

•         If testing of the dredged material is required, the dredged material must be sampled, tested, and evaluated in accordance with the USEPA/USACE Great Lakes Dredged Material Testing and Evaluation Manual (http://www.epa.gov/glnpo/sediment/gltem/404main.pdf) to determine if the material meets federal guidelines for open-lake placement. 

•           The current placement areas available for use under LOP procedures are at the following locations:

Lake Ontario Open Lake Placement Areas* offshore from:

Wilson Harbor, NY

Olcott Harbor, NY

Rochester Harbor/Irondequoit Bay, NY

Great Sodus Bay, NY

Little Sodus Bay, NY

Oswego, NY

Lake Erie Open Lake Placement Areas* offshore from:

Barcelona

Dunkirk

*Note:  This list is for current placement areas only.  Any areas approved in the future for USACE dredge placement would also be eligible for public use under the proposed LOP procedures if a 401 WQC is issued by the New York State Department of Environmental Conservation (NYSDEC).

Standard Permits: A type of individual permit that involves a full public interest review of an individual permit application and includes the issuance of a public notice for any project that does not meet the terms and conditions of a Nationwide Permit or LOP.  Processing time usually takes 90 to 120 days from the time of a complete application, but may exceed this time period in cases where a public hearing is required or if an Environmental Impact Statement (EIS) must be prepared.

Nationwide Permits: a form of general permit that authorizes a category of activities throughout the nation. These permits are valid only if the conditions applicable to the permits are met. If the conditions cannot be met, then a regional or individual permit will be required. Examples of activities include, but are not limited to: repair, utility lines, bank stabilization, road crossings, residential & commercial development, boat ramps, etc.

Regional General Permits: These are for small specialized projects that are regionally available.

 

State

Permit Number

Authorized Activity

Jurisdiction
NY

79-000-3

Boathouses Sections 10 & 404
NY

 81-000-1

Minor Dredging
Sections 10 & 404
NY

 86-000-1

Timber Crib Docks & Decks
Sections 10 & 404
NY

 87-000-1

Open Pile or Floating Docks, Decks, Boat Hoists, Mooring Piles, Etc.

Section 10
NY

 87-000-13

Fill Existing Boat Slips Excavated from Upland Locations Sections 10 & 404
NY

 97-000-1

Minor Channel Work in Cooperation with Soil and Water Conservation Districts Section 404

NY

 99-000-1

Emergency Permit 

Emergency Activation August 15, 2018 for Broome, Chemung, Chenango, Cortland, Monroe, Onondaga, Ontario, Schulyer, Seneca, Steuben, Tioga, Wayne, & Yates Counties

Emergency Activation Fact Sheet

Sections 10 & 404