New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter V - RESOURCE MANAGEMENT SERVICES
Subchapter E - WATER REGULATION
Part 608 - USE AND PROTECTION OF WATERS
Section 608.6 - Permit application procedures

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 608.6

Current through Register Vol. 46, No. 52, December 24, 2024

(a) An application for a permit under this Part must be submitted to the appropriate regional permit administrator. Applications must be made on forms prescribed by the department and must be accompanied by:

(1) a plan of the proposed project;

(2) a map showing its location; and

(3) other information that the department deems necessary to properly review and assess the effects of a proposed project.

(b) In addition to the requirements of subdivision (a) of this section, all permit applications with respect to dams shall meet the following requirements:

(1) Such permit applications shall include:
(i) hydrological, hydraulic, and soils information, as required on a form prescribed by the department;

(ii) an engineering design report sufficiently detailed for department evaluation of the safety aspects of the proposed dam, or the proposed activities concerning an existing dam, that shall include:
(a) a narrative description of the proposed project;

(b) the proposed hazard classification of the dam as a result of the proposed activities or project;

(c) a hydrologic investigation of the watershed and an assessment of the hydraulic adequacy of the dam;

(d) an evaluation of the foundation and surrounding conditions, and materials involved in the structure of the dam, in sufficient detail to accurately define the design of the dam and assess its safety, including its structural stability;

(e) structural and hydraulic design studies, calculations and procedures, which shall, at a minimum, be consistent with generally accepted sound engineering practice in the field of dam design and safety; and

(f) a description of any proposed permanent instrument installations in the dam;

(iii) construction plans and specifications that are sufficiently detailed for department evaluation of the safety aspects of the dam; and

(iv) any other information the department deems necessary.

(2) The engineering design report and the construction plans and specifications that are submitted with a permit application in accordance with subparagraphs (1)(i) and (ii) of this subdivision shall be prepared, stamped and sealed by an engineer.

(3) In response to a request by a permit applicant concerning a class A dam, the department may in its discretion accept, in lieu of the Engineering Design Report and the construction plans and specifications identified in subparagraphs (1)(i) and (ii) of this subdivision, a certification from an engineer that the proposed dam, or the proposed activities with respect to an existing dam, are, at a minimum, consistent with generally accepted sound engineering practice in the field of dam design and safety.

(4) In addition to the requirements in paragraph (1) and (2) of this subdivision, the department may require the permit applicant of a class B or C dam to submit the deliverables required by Part 673 of this Title for owners of dams that have been assigned a hazard classification of class B or C, including an emergency action plan, or otherwise demonstrate that the proposed dam or proposed activities with respect to an existing dam, will comply with Part 673 of this Title.

(c) In addition to the requirements of subdivision (a) of this section, all permit applications for docking and mooring facilities shall include:

(1) a supplemental form, prescribed by the department, providing information about the type, size, and use of structures, including docks, piers, wharfs, platforms, breakwaters, moorings and associated docking facility and mooring area amenities; and

(2) a plan, drawn to scale, depicting structures, and where appropriate, delineated perimeters that include a reference point tied to a permanent structure or significant natural feature.

(d) The procedures of Part 621 of this Title govern the processing and review of permit applications under this Part and the modification, renewal, suspension and revocation of permits issued pursuant to this Part.

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