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environmental 7 pages

Also attached to this agenda item: Letter to WCC - Wetlands Permit Renewal 2022 Phasing Plans Resolution 519.2021

IMPORTANT NOTICE TO ALL PERMITTEES The permit you requested is enclosed. Please read it carefully and note the conditions that are included in it. The permit is valid for only that activity expressly authorized therein; work beyond the scope of the permit may be considered a violation of law and be subject to appropriate enforcement action. Granting of this permit does not relieve the permittee of the responsibility of obtaining any other permission, consent or approval from any other federal, state, or local government which may be required. Please note the expiration date of the permit. Applications for permit extension should be made well in advance of the expiration date (minimum of 30 days) and submitted to the Regional Permit Administrator electronically via email to dep.r3@dec.ny.gov. Submission of hard copies is optional. If a permit notice sign is enclosed, you must post it at the work site with appropriate weather protection, as well as a copy of the permit per General Condition 1. If you have any questions on the extent of work authorized or your obligations under the permit, please feel free to contact me. Division of Environmental Permits, Region 3 The DEC permit number & program ID number noted on page 1 under “Permit Authorization” of the permit are important and should be retained for your records. These numbers should be referenced on all correspondence related to the permit, and on any future applications for permits associated with this facility/project area. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 3-5522-00352 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: Facility: HISTORIC HUDSON VALLEY VAN CORTLANDT MANOR 639 BEDFORD RD 525 S RIVERSIDE AVE POCANTICO HILLS, NY 10591-0032 CROTON ON HUDSON, NY 10520 (914) 366-6914 Facility Location: in CORTLANDT in WESTCHESTER COUNTY Village: Croton on Hudson Facility Principal Reference Point: NYTM-E: 594.271 NYTM-N: 4560.409 Latitude: 41°11'22.4" Longitude: 73°52'33.1" Authorized Activity: This permit authorizes disturbance to the regulated 100 ft. adjacent area of NYS Freshwater Wetland H-3, Class 1, associated with the Van Cortlandt Manor Restoration Project, including 0.33 acres of permanent impacts to the adjacent area involving installation of concrete pads and stabilized granite paving over previously disturbed areas, along with minor earthwork in the form of grading. 1.04 acres of temporary impacts within the adjacent area will include disturbance related to resurfacing of paved walkways, trenching for utility line installation and temporary disturbances as a result of construction and landscaping activities. Permit Authorizations Freshwater Wetlands - Under Article 24 Permit ID 3-5522-00352/00005 New Permit Effective Date: 5/17/2022 Expiration Date: 12/31/2026 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: TRACEY L O'MALLEY, Deputy Regional Permit Administrator Address: NYSDEC Region 3 Headquarters 21 S Putt Corners Rd New Paltz, NY 12561 Authorized Signature: ______________________________________ Date ___/____/____ Distribution List 5 17 2022 Tracey L. M. O'Malley Digitally signed by Tracey L. M. O'Malley Date: 2022.05.17 11:39:39 -04'00' Richard Torres, Historic Hudson Valley NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 3-5522-00352 Rita Kozak, Bergmann Village of Croton-on-Hudson NYS DOS Coastal Consistency Angela Schimizzi, DEC Division of Marine Resources Susan Booth-Binczik, DEC Bureau of Wildlife Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Permit Attachments Permit Sign NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: FRESHWATER WETLANDS 1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Bergman, titled Restoration of Van Cortlandt manor Entrance, Sheets N001, N002, N003, N004, N005, Issued date 12/20/2021, Revision date 02/02/2022. 2. Notice of Intent to Commence Work The permittee shall submit a Notice of Intent to Commence Work to Angela Schimizzi in the Division of Marine Resources at Angela.Schimizzi@dec.ny.gov at least 48 hours in advance of the time of commencement and shall also notify them promptly in writing of the completion of work. 3. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 4. Install and Maintain Erosion Controls The erosion control measures specified in the referenced plans must be put in place before any disturbance of the ground occurs and is to be maintained in a functional condition over the life of construction and revegetation phase. 5. Time of Year for Construction Activities No construction-related activities other than the tree removal described in the project plans shall take place between December 1 and March 31 without further review of the potential for noise-related impacts to bald eagles and approval from DEC. 6. No Wetland Disturbance No disturbance to the wetland is authorized. 7. Storage of Materials Excavated materials and or fill materials shall be stockpiled more than 100 feet landward of the wetland or water body and shall be contained by straw bales or silt fencing to prevent erosion. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 3-5522-00352 8. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 9. Prior Approval of Changes If the permittee desires to make any minor changes to the scope of work shown in the approved plans referenced in Natural Resource Permit Condition 1, the permittee shall submit a request via email to Angela Schimizzi of the DEC Division of Marine Resources (angela.schimizzi@dec.ny.gov) to make such proposed changes. The proposed changes shall not be implemented unless authorized in writing by the Department. Issuance of such approval without modification of the permit is at the Department's discretion. 10. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 11. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 12. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 3-5522-00352 The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC Region 3 Headquarters 21 S Putt Corners Rd New Paltz, NY12561 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Freshwater Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 3-5522-00352 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee’s undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Item E: SEQR Type I Action, No Significant Impact Under the State Environmental Quality Review Act (SEQR), the project associated with this permit is classified as a Type I Action with Croton- on-Hudson Village Water Control Commission designated as the lead agency. It has been determined that the project will not have a significant effect on the environment. New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Department condition on it, contact the DEC at 845-256-3054 or dep.r3@dec.ny.gov. Please refer to the permit number shown when contacting the DEC. Permittee: Permit No. Effective Date: Expiration Date:  Applicable if checked. No instream work allowed between October 1 & April 30 NOTE: This notice is NOT a permit. Historic Hudson Valley 3-5522-0035200005 5/17/2022 12/31/2026