N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-2.14

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-2.14 - Exhibit 13: Water Resources and Aquatic Ecology

Exhibit 13 shall contain:

(a) Groundwater:

(1) Hydrologic information reporting depths to high groundwater and bedrock, including a site map based on publicly available information showing depth to high groundwater and bedrock in increments appropriate for the facility site.

(2) A survey based on publicly available information and the results of a private, active groundwater well survey distributed to non-participating property owners and residents within one thousand (1,000) feet of the facility site. The application shall include information on groundwater quality, and the location, depth, yield and use of all public and private groundwater wells or other points of extraction of groundwater, and a delineation and description of well head and aquifer protection zones, to the extent such information is publicly available or obtained through the private well survey. Parcel-based maps shall be provided based on publicly available information and the results of the private well survey, showing the locations of all identified groundwater wells, delineating all groundwater aquifers and groundwater recharge areas, and identifying groundwater flow direction, and shall distinguish the following features:

(i) All existing, active water supply wells or water supply intakes located within one hundred (100) feet of any collection lines or access roads;

(ii) All existing, active water supply wells or water supply intakes located within five hundred (500) feet of horizontal directional drillingoperations;

(iii) All existing, active water supply wells or water supply intakes located within two hundred (200) feet of solar pier/post driving locations and turbine excavations not requiring blasting; and

(iv) All existing, active water supply wells or water supply intakes located within one thousand (1,000) feet of any blasting operations.

(3) An analysis and evaluation of potential impacts (during normal and drought conditions) from the construction and/or operation of the facility on drinking water supplies, groundwater quality and quantity in the facility area, including potential impacts on public and private water supplies, including private wells within a one (1)-mile radius of the facility site, and wellhead and aquifer protection zones.

(b) Surface Water:

(1) A map or series of maps showing delineated boundaries of all federal, state, and locally regulated surface waters present on the facility site and within one hundred (100) feet of areas to be disturbed by construction, including the interconnections, as determined by the Office pursuant to section 1100-1.3(f) of this Part. For adjacent properties without accessibility, surface water delineations may be based on remote sensing data, interpretation of wetlands and soils mapping, observations from adjacent accessible properties, and aerial imagery.

(2) Any reports detailing the results of the surface water delineation survey(s).

(3) For the surface waters depicted on the map(s) required in paragraph (1) of this subdivision, a description of the New York State listed Water Quality Standards and Classification, ambient standards and guidance values, flow, presence of aquatic invasive species and other characteristics of such surface waters, including intermittent streams, based on actual on-site surface water observations conducted pursuant to section 1100.1-3(f) of this Part.

(4) An identification of any downstream surface water drinking-water supply intakes within one mile, or if none within one (1) mile, an identification of the nearest one (giving location of the intakes by longitude and latitude) that could potentially be affected by the facility or interconnections, including characterization of the type, nature, and extent of service provided from the identified source.

(5) If the Office determines pursuant to section 1100-1.3(f) of this Part that there are jurisdictional surface waters at the site, a demonstration of avoidance and minimization of impacts to such NYS protected waters by siting all components more than fifty (50) feet from any delineated NYS protected waterbody.

(6) If the applicant cannot avoid all impacts to NYS protected waters, an explanation of all efforts the applicant made to minimize the impacts, including a discussion of all best management practices used during design, including the following:

(i) No solar panel racking, or perimeter fence shall span a NYS protected waterbody unless it is a first order stream;

(ii) Excavation, grading, or placement of fill within the bed shall only occur for access roads at locations in compliance with all uniform standards and conditions set forth in Subpart 1100-6 of this Part;

(iii) Stream crossings are located in the straight sections of the channel/bed and as perpendicular to the direction of flow as practicable;

(iv) How the facility design minimizes all tree clearing requirements to the extent practicable within fifty (50) feet of NYS protected waters;

(v) How the facility design takes into account the slopes of the NYS protected waters, as well as surrounding surface slope and erosion potential, when siting within fifty (50)-feet of NYS protected waters;

(vi) How the facility design minimizes surface grading requirements to the extent practicable within fifty (50) feet of NYS protected waters; and

(vii) How the facility will incorporate and maintain low height stabilizing vegetation with fine root biomass and some stream shading potential (e.g., low scrub shrub like willows or dogwood).

(7) For facilities which require compensatory mitigation as described in Table 1, the applicant shall submit a Stream Restoration and Mitigation Plan pursuant to section 1100-10.2(f)(3) of this Part, in accordance with the following, unless determined otherwise by the Office in consultation with the NYSDEC:

(i) Implement mitigation at the ratios as set forth in Table 1 below, as follows:

(a)Category: Prescribed Mitigation Ratio and Type

(1) A: Allowed; no mitigation required

(2) A(M1): Allowed; mitigation required; applicant shall replace one (1) existing substandard culvert for each new crossing with a culvert designed in accordance with section 1100-6.4(r)(6) of this Part.

Substandard culverts are those with a significant barrier to aquatic organism passage and/or those that cannot pass a four (4) percent design flow event.

(3) A(M2): Allowed; mitigation required; applicant shall replace two (2) existing substandard culverts for each new crossing with a culvert designed in accordance with section 1100-6-4(r)(6) of this Part. Substandard culverts are those with a significant barrier to aquatic organism passage and/or those that cannot pass a four (4) percent design flow event.

(b) Within the same HUC 8 sub-basin; and

(c) Within a location that is subject to NYSDEC jurisdiction under ECL article 15 and of the same standard of the impacted water(s) (e.g., (t) and (ts) impacts shall be mitigated for in (t) or (ts) streams).

(ii) Implement culvert replacement or restoration/enhancement to meet the mitigation requirement.

Table 1: Waterbody Mitigation Requirements

	Impact Type	Protected Stream (15-0501)	Navigable Water (15-0505)
Activities Requiring Grading or Filling	Reconstructed road/stream crossing using a single culvert or bridge designed in accordance with section 1100-6.4(r)(6) of this Part.	A	A
	New road/stream crossing with a bridge designed to meet the flow and width requirements in section 1100-6.4(r)(6) of this Part.	A	A
	New road/stream crossing with a single culvert designed in accordance with section 1100-6.4(r)(6) of this Part.	A(M1)	A(M1)
	Below ground stream crossing for transmission/collection lines installed using trenchless methods (e.g., horizontal directional drilling) or installed as part of the construction of a new or replacement road/stream crossing.	A	A
	Below ground stream crossings for transmission/collection lines installed using a dry trench where trenchless methods are not practicable.	A(M2)	A(M2)
Activities Not Requiring Grading or Filling	Above-ground stream crossing for transmission/collection lines.	A	A

(c) Stormwater:

(1) A Stormwater Pollution Prevention Plan (SWPPP) for the collection and management of stormwater discharges from the facility site during construction. The SWPPP will be prepared in accordance with the applicable New York State Pollution Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity and the New York State Standards and Specifications for Erosion and Sediment Control (see section 1100-15.1(i)(1)(i) of this Part). If the facility is not eligible for coverage under the SPDES General Permit, a completed application for an individual SPDES Permit.

(2) To the extent not covered in paragraph (1) of this subdivision, a preliminary plan, prepared in accordance with the New York State Stormwater Management Design Manual (see section 1100-15.1(i)(1)(ii) of this Part), which identifies the post-construction stormwater management practices that will be used to manage stormwater runoff from the developed facility site. This can include runoff reduction/green infrastructure practices, water quality treatment practices, and practices that control the volume and rate of runoff.

(d) Chemical and Petroleum Bulk Storage:

(1) A description of the spill prevention and control measures to be in place for ammonia storage, fuel oil storage, wastewater storage, and other chemical, petroleum or hazardous substances stored on the facility site, including an evaluation of alternatives and mitigation measures.

(2) An identification whether the storage of ammonia, fuel oil, wastewater, other chemicals, petroleum or hazardous substances, or disposal of solid wastes on the facility site is subject to regulation under the State's chemical and petroleum bulk storage programs, and if so, a demonstration of compliance with such regulations.

(3) An identification whether the storage of ammonia, fuel oil, wastewater, other chemicals, petroleum or hazardous substances on the facility site is subject to regulation under local law (County, City, Town or Village), and if so, a demonstration of the degree of compliance with such local laws.

(e) Aquatic Species and Invasive Species:

(1) An analysis of the impact of the construction and operation of the facility on biological aquatic resources, including species listed as endangered, threatened, or species of special concern in 6 NYCRR Part 182, and including the potential for introducing and/or spreading invasive species listed in 6 NYCRR Part 575.

(2) An identification and evaluation of reasonable avoidance measures and, where impacts are unavoidable, mitigation measures regarding impacts on such biological aquatic resources, including species and invasive species impacts to be addressed pursuant to the Invasive Species Control and Management Plan to be prepared pursuant to section 1100-10.2(f)(4) of this Part (if any) and assure compliance with applicable water quality standards (6 NYCRR Part 703).

(f) Water Quality Certification.

(1) A request for a Water Quality Certification pursuant to section 1100-1.4(b) of this Part, if applicable, indicating that the proposed activity will be in compliance with state water quality standards.

(2) A copy of all pertinent federal permit applications related to the Water Quality Certification shall be submitted along with the request for the Water Quality Certification.

(3) A demonstration of compliance with 6 NYCRR section 608.9.

(4) Pertinent contact information for the district engineer of the U.S. Army Corps of Engineers or other federal agency to use in contacting the Office as to the applicable time period or any other issue.

(5) If the request does not accompany the application, the applicant shall provide a statement describing its plan for making such a request, including a timetable.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-2.14

Transferred from 900-2.14 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024