N.Y. Comp. Codes R. & Regs. tit. 6 § 621.4

Current through Register Vol. 46, No. 24, June 12, 2024

Section 621.4 - Requirements for specific permit applications

This section identifies the minimum information needed to determine that an application is complete and, where required, for making a tentative determination. Supplemental information may be requested before and after the application has been determined to be complete. A list of major and minor permit actions for each permit type is included in 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.

(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 completed joint application form; plan and profile and cross section drawings of the project and a location map.

(ii) Minor stream bed or bank disturbance actions include repair, replacement, rehabilitation or reconstruction of a structure or facility, in-kind, on the same site; and disturbances of less than 500 lineal feet 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 completed joint application 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 the following:

(a) reconstruction or repairs of existing dams inventoried by the department and

(b) construction, reconstruction, repair, removal or breach of dams with hazard classification of A, as defined in Part 673 of this Title.

(3) Construction, reconstruction and expansion of piers, wharfs, platforms, breakwaters, docking facilities and the placement of moorings.

(i) A complete application must include a completed joint application form and supplemental forms, and plan, profile and cross-section drawings of the project, and a location map. For docking or mooring facilities, the application must include a plan drawn to scale depicting structures, and delineating the facility perimeters including 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 20 or fewer boats and encompassing within a facility perimeter an area of 16,000 square feet or less;

(b) the in-kind replacement of a structure on open supports; and

(c) establishing a mooring facility for 40 or fewer boats.

(4) Excavation or placement of fill in navigable waters.

(i) A complete application must include a completed joint application form, and plan, profile and cross-section drawings of the project, and a location map and must identify the method and location of excavated material placement.

(ii) Minor excavation or placement of fill projects include the following: maintenance dredging occurring at least once every 10 years; excavation or placement of fill of 5,000 square feet or less; any shoreline stabilization structure of less than 500 linear feet for each parcel of land; repair, replacement, rehabilitation or reconstruction of existing structures, in-kind, on the same site.

(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 completed joint application form and supplemental forms and all required exhibits listed in Part 601 and Part 602 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;

(ii) replacement of a well with an equivalent well in the same aquifer having a capacity not more than 120 percent of the original capacity;

(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;

(v) temporary dewatering systems withdrawing less than two million gallons per day; and

(vi) aggregate washing operations that recirculate at least 75% of wash water from an onsite pond system or quarry sump and do not utilize make up water withdrawn from a surface water or well source.

(3) Minor Long Island well projects include:

(i) a well that is 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 two 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 capacity.

(c) 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 the following: subdivisions of ten or fewer 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; construction of accessory structures or signs; and any regulated activities not specifically prohibited in Part 666 of this Title that are located at least 500 feet from wild rivers, 300 feet from scenic rivers, or 200 feet from recreational rivers.

(d) 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 permits are required from the department for the activity the application must include properly completed applications.

(4) All 401 certification projects are minor, except for the following, which are major:

(i) those projects that involve approval for construction and operation of facilities by the Federal Energy Regulatory Commission or the Nuclear Regulatory Commission;

(ii) those projects that are deemed major by the department in accordance with subdivision 621.3(b)(3) of this Part; and

(iii) those projects that require other permits subject to this Part that are major, in accordance with subdivision 621.3(b)(4) of this Part.

(e) 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 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.

(f) 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 permit modifications;

(ii) projects involving any state facility permits 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).

(g) 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.

(h) 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) a 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 include:

(i) Projects which meet all of the criteria in (a)-(g) below:

(a) total acreage affected by mining for entire mining site is less than five acres regardless of length of mining period;

(b) total depth of mine from floor to top of mine face is less than 20 feet;

(c) 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;

(d) there is no mining within 100 feet of any surface waters;

(e) there is no mining of consolidated minerals;

(f) there is no mining within 500 feet of any dwelling; and

(g) there is no mining below the water table at the mine site;

(ii) lateral expansion of a life-of-the-mine boundary beyond the limits approved in the permit by up to five acres or 10 percent, whichever is less, where the expanded area would remain more than 100 feet from any surface waters and more than 500 feet from any dwelling; and

(iii) vertical expansion of an existing mine that remains above the seasonally high-water table.

(i) 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) repair, replacement, rehabilitation, or reconstruction of a structure or facility, in kind, on the same site;

(ii) restoring, reconstructing, or modifying existing functional structures or facilities, excluding drainage ditches, that involves a temporary disturbance of less than 0.25 acres (approximately 10,890 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;

(iv) constructing a residential driveway, residential structure or residential accessory structure in the adjacent area of a wetland;

(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;

(viii) dredging at least once every ten years 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 400 square feet or less;

(xii) installing utilities from an existing utility distribution facility to a structure;

(xiii) routine beach replenishment, regrading and cleaning;

(xiv) intensive, organized and repetitive use of all-terrain vehicles, air and motorboats, and snowmobiles ;

(xv) clear cutting timber or other vegetation in the adjacent area;

(xvi) application of a pesticide in an adjacent area;

(xvii) application of a pesticide to the grounds of a private residence by the owner;

(xviii) installation of fencing;

(xix) constructing farm ponds, in an adjacent area, including disturbance of up to 0.1 acres of the wetland for transitional areas;

(xx) restoring, reconstructing, or modifying existing functional structures or facilities, excluding drainage ditches that involve a permanent wetland fill of land than 0.25 acres (approximately 10, 890 square feet);

(xxi) constructing a non-residential structure in the adjacent area of a wetland.

(j) Tidal wetlands, permits under Part 661 of this Title and article 25 of the ECL.

(1) A complete application must include a completed joint application permit and application materials identified in section 661.12 of this Title.

(2) Minor tidal wetland projects include any activity given a designation of GCp--Generally Compatible Use--Permit Required in Part 661 of this Title.

(k) 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.

(l) 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 1000 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.

(vi) Construction and operation of an anaerobic digester, within currently disturbed areas at an operating publicly owned landfill, provided the digester has a feedstock capacity of less than 150 wet tons per day, and only produces Class A digestate (as defined in 6 NYCRR Section 361-3.7 ) that can be beneficially used or biogas to generate electricity or to make vehicle fuel, or both.

(vii) Inclusion of solid waste facility registration or registrations into an existing solid waste facility permit at the same facility, or conversion of a solid waste registration or registrations to a solid waste facility permit, where there is no proposed increase in acceptance rate or other changes to the current operation, but such action is required by the Part 360 series of this title.

(viii) Inclusion of a facility or component in an existing permit that would otherwise qualify as a registered collection event where the collected material is stored in a secured building, is on-site for no more than three (3) days, events occur no more than 24 days per year and each event runs no more than two (2) consecutive days.

(m) 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.

(n) 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.

(o) 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 5,000 square feet; construction or modification of docks, piers, or wharves not on fill; construction or modification of erosion protection structures not exceeding 200 linear feet; repair of existing functional erosion protection structures; and vertical modification of a structure with no change in ground coverage.

(p) 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.

(q) Incidental take of threatened or endangered species, permits under 6 NYCRR Part 182 (ECL article 11)

(1) A complete application for an incidental take permit must include a properly completed application for the permit and any supplemental forms. In addition to the general requirements for permit applications, an applicant must provide to the department's appropriate regional permit administrator the information specified for permit application requirements in section 182.11 of this Title.

(2) There are no minor incidental take projects.

(r) Where not otherwise identified in program regulations as minor projects, applications for modification of permits that are treated as new may be processed as minor projects under this Part where all the following apply:

(1) the proposed modification involves an expansion or increase of any regulated area, volume, rate, or capacity that does not exceed 10% of the existing permitted area, volume, rate, or capacity;

(2) the proposed modification, by itself, does not exceed any applicable minor project threshold contained in section 621.4 of this Part; and

(3) if the existing permit was not previously reviewed as a major project under this Part, the proposed modification, when combined with the permitted area, volume, or capacity, does not exceed any minor project threshold.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 621.4

Amended New York State Register November 9, 2016/Volume XXXVIII, Issue 45, eff. 11/9/2016

Amended New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/25/2021

Amended New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 12/26/2023