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VIA CERTIFIED MAIL RETURN RECIEPT REQUESTED

January 20, 2015


Mr. Earl Van Wormer, III, Chairman
Schoharie County Board of Supervisors
284 Main St
P.O. Box 429
Schoharie, NY 12157-0429
Mr. Steve Wilson, County Administrator
Schoharie County
284 Main St
P.O. Box 429
Schoharie, NY 12157-0429
Mr. Dan R. Crandell, P.E., Commissioner
Schoharie County, Department of Public Works
393 Main St
P.O. Box 249
Schoharie, NY 12157-0249
RE: NOTICE OF INTENT TO SUSPEND PERMITS
Schoharie Co. EWP Stream Restoration Projects
Article 15 Protection of Waters and Water Quality
Certification Permits
Multiple Towns, Schoharie County

Dear Mr. Van Wormer, Mr. Wilson and Mr. Crandell:


This is to inform you that pursuant to 6 NYCRR Part 621.13(a), (Uniform Procedures) the New York
State Department of Environmental Conservation (Department) has made a determination to suspend
the following Article 15 Protection of Waters Permits and Section 401 Water Quality Certifications
which were last issued and modified on February 10, 2015:
Dave Brown Mountain Road Gas Line Site
Effective Date: February 10, 2015

DEC Facility ID 4-4320-00099


Expiration Date: September 30, 2020

Platter Kill Stream Restoration


Effective Date: February 10, 2015

DEC Facility ID 4-4334-00122


Expiration Date: September 30, 2020

Line Creek Restoration


Effective Date: February 10, 2015

DEC Facility ID 4-4399-00020


Expiration Date: September 30, 2020

Little Schoharie EWP Restoration


Effective Date: February 10, 2015

DEC Facility ID 4-4338-00157


Expiration Date: September 30, 2020

6 NYCRR Part 621.13(a) and General Condition 5b states that permits may be suspended at any time
by the Department if the Permittee fails to comply with any terms or conditions of the permit.
The Department is hereby notifying Schoharie County of the suspension of the above referenced
permits. The basis for the permit suspensions includes, without limitation, the following:
Part 621.13(a) (2) failure by the permittee to comply with any terms or conditions of the permit;

Condition #1 of the above referenced permits states that all authorized activities must be in
strict conformance with the approved plans (and documents) identified in Condition #2. For
each of the above referenced permits, the Department has documented1 numerous incidences
where significant portions of the construction that has been undertaken in the streams has not
been conducted in accordance with the either the approved plans (Condition 2a), and/or the
Basis of Design Reports (Condition 2b).

Condition #5 (Condition #7 for the Little Schoharie Permit) states that the Permittee and
AECOM, as the Permittees agent, are responsible for ensuring that the project is constructed
in full compliance with the terms and conditions of the permit. For each of the above
referenced permits, the Department has documented numerous incidences that the County, as
the Permittee, and AECOM, as the Permittees agent, has not constructed the project in
compliance with the terms and conditions of the permit.

Condition #20 for the Line Creek Permit, #21 for the Platter Kill Permit, #22 for the Lower Dave
Brown Mountain Road Permit and #23 for the Little Schoharie Creek Permit states that
restoration activities including the installation of in-stream structures and bed materials, shall
not result in an impediment to the passage of native organisms, including fish. For each of the
above referenced permits the Department has documented numerous incidences that the
installation of in-stream structures and bed material has resulted in an impediment to the
passage of native organisms including fish.

The Department has previously notified the County in letters dated December 10, 2015 and January
12, 2016 of items of permit non-compliance pertaining to the permits referenced above. The
Department further indicated in our January 12, 2016 letter, that identification of additional items of
non-compliance for the Little Schoharie Creek will be forwarded to the County in the near future.
During the Natural Resource Conservation Service (NRCS) Agreement Extension Meeting on November
10, 2015, the County agreed to work with Lotic Solutions and AECOM to address the non-compliance and
submit a corrective action plan to the Department, NRCS and USACE by February 1, 2016. The corrective
action plan is to include a narrative that describes AECOMs rationale under the applicable permits for the
proposed resolution of all non-compliance items and permit violations as identified in the punch lists the
Department has provided to the County and AECOM.

1
New York State Department of Environmental Conservation Non-Compliance letters to Schoharie County dated
December 10, 2015 and January 12, 2016.

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If the County intends to propose any changes to previously-approved plans and documents, such
proposals must be identified in the corrective action plan and require the submission of modified detailed
plans, a narrative explaining how the proposed changes will comply with the applicable permit conditions,
as well as applications to modify the referenced permits.
The Department may modify the referenced permits as appropriate after the required corrective action
plans and any revised plans have been submitted, provided they are approved by the Department. The
permits issued on February 10, 2015 will remain suspended until the Department has complete information
that warrants permit modifications, until the Department revokes the permits or until the pending noncompliance and violations of the have been otherwise resolved.
Until such time as the permits have been modified no activity or work is authorized to occur in any stream
or regulated area associated with these permits. Further, the Department reserves its rights with respect to
enforcement concerning the non-compliance. Visual inspections and assessments may continue.
If you object to the suspension of these permits, you may contact the Chief Permit Administrator at the
letterhead address, in writing, within 15 calendar days of the date of this letter to provide specific
reasons why the specific permit or permits should not be suspended and/or to request a hearing. If
the county submits a written objection within 15 calendar days of the date of this letter, the
Department will either rescind or confirm the permit suspensions based on review of the information
the county provides. If the Chief Permit Administrator does not receive a written objection within
15 days, the permit suspensions will become effective on February 5, 2016.
If the county requests a hearing within 15 calendar days of the date of this letter, the Department will
notify the county of the date and place for a hearing. In the event a hearing is held, the Commissioner
will either decide to continue the permit(s) in effect as originally issued; issue modified permit(s);
suspend the permit(s) for a certain period of time; or revoke the permit(s).
Should you have any questions please feel free to contact me at (518) 402-9179 or at
michael.higgins@dec.ny.gov.
Sincerely,

Michael T. Higgins
Deputy Chief Permit Administrator

cc via email: B. Dick, Lotic Solutions


M. Lang, AECOM
R. Young, NRCS
W. VanDeValk, NRCS
T. Lacko, NRCS
B. Sherwood, USACE
K. Gaidasz, NYSDEC
J. Thiel, NYSDEC
T. Snow, NYSDEC
C. Conyers, Esq., NYSDEC

2016.01.20 Schoharie County EWP Notice of Intent to Suspend Permits.docx

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