If you have been involved with a state or federal wetland or water resource permit recently, you know that the process is complicated and can be inordinately time consuming. Permit application packages must include very specific information on existing wetland or water resources, project plans, alternatives, impacts, and possibly mitigation.

    Although somewhat more detailed today than in past years, these items have always been part of permit application packages. What surprises a lot of applicants is the seemingly unrelated information required to make a permit application complete. The required information can include: (1) cultural resource studies, (2) endangered and threatened species surveys, (3) coastal zone consistency assessments, (4) State Environmental Quality Review Act (SEQRA) requirements, and (5) specific stormwater management information.

    Historical and archeological resource concerns often delay permit processing. A permit application will not be considered complete until potential effects on cultural resources have been addressed, and a sign-off received from the New York State Office of Parks, Recreation and Historic Preservation. In recent years we have seen an escalation in the number of projects required to provide in-depth cultural resource assessments. As a result, it is best to address this matter at the outset of the permitting process. Seasonal constraints should also be kept in mind if an archeological field survey is required. Failure to plan ahead could result in a delay of several months.

    Questions about endangered or threatened species can also delay permit issuance, although these concerns do not usually preclude an application from being considered complete. Sometimes these species can only be assessed at certain times of the year, so we try to find out if there are any conflicts as soon as possible (see accompanying article regarding the timing of endangered and threatened species surveys).

    Projects in a designated Coastal Zone may trigger general or regional conditions for a Corps wetland permit. Coastal consistency must be addressed for any state permit.

    SEQRA compliance is an absolute must before any state wetland or water resource permit application will be considered complete. SEQRA compliance consists of a negative declaration or acceptance of a complete DEIS by the lead agency, which could be either the NYSDEC or a local municipality.

    Last in the required list of associated studies for permit review are details on stormwater management. The Stormwater Pollution Prevention Plan, Notice of Intent, and, in some NYSDEC regions, a self-assessment checklist must demonstrate compliance with the General SPDES permit requirements and be part of the application package.

    TES strives to make the permit application process as smooth as possible. We find that identifying and addressing other required studies early in the process works the best and can help to avoid unnecessary delays in project implementation.

TES, Inc. 23 County Route 6, Suite A, Phoenix, NY 13135.  Tel: 315.695.7228  Fax: 315.695.3277

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