N.Y. Comp. Codes R. & Regs. tit. 21 § 1806.14

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1806.14 - Contents of application

(a) Except with respect to applications to renew an existing commission approval, applications shall include, but not be limited to, the following information and, where applicable, shall be submitted on forms and in the manner prescribed by the commission. Renewal applications shall include such information that the commission determines to be necessary for the review of same, shall be subject to the standards set forth in sections 1806.20 -1806.25 of this Part, and shall likewise be submitted on forms and in the manner prescribed by the commission:

(1) identification of project sponsor including any and all proprietors, corporate officers or partners, the mailing address of the same, and the name of the individual authorized to act for the sponsor;

(2) description of project and site in terms of:

(i) project location, including global positioning system (gps) coordinates accurate to within 10 meters;

(ii) project purpose;

(iii) proposed quantity of water to be withdrawn;

(iv) proposed quantity of water to be consumed, if applicable;

(v) constant-rate aquifer tests. The project sponsor shall provide the results of a constant-rate aquifer test with any application which includes a request for a groundwater withdrawal. The project sponsor shall obtain commission approval of the test procedures prior to initiation of the constant-rate aquifer test;

(vi) water use and availability;

(vii) all water sources and the date of initiation of each source;

(viii) supporting studies, reports, and other information upon which assumptions and assertions have been based;

(ix) plans for avoiding or mitigating for consumptive use;

(x) copies of any correspondence with member jurisdiction agencies;

(xi) evidence of compliance with applicable water registration requirements of the member jurisdiction in which the project is located;

(3) anticipated impact of the proposed project on:

(i) surface water characteristics (quality, quantity, flow regimen, other hydrologic characteristics);

(ii) threatened or endangered species and their habitats;

(iii) existing water withdrawals;

(4) project estimated completion date and estimated construction schedule.

(b) The commission may also require the project sponsor to submit the following information related to the project, in addition to the information required in subdivision (a) of this section, as deemed necessary:

(1) description of project and site in terms of:

(i) engineering feasibility;

(ii) ability of project sponsor to fund the project or action;

(iii) identification and description of reasonable alternatives, the extent of their economic and technical investigation, and an assessment of their potential environmental impact. In the case of a proposed diversion, the project sponsor should include information that may be required by section 1806.25 of this Part or any policy of the commission relating to diversions;

(iv) compatibility of proposed project with existing and anticipated uses;

(v) anticipated impact of the proposed project on:

(a) flood damage potential considering the location of the project with respect to the flood plain and flood hazard zones;

(b) recreation potential;

(c) fish and wildlife (habitat quality, kind and number of species);

(d) natural environment uses (scenic vistas, natural and manmade travel corridors, wild and wilderness areas, wild, scenic and recreation rivers);

(e) site development considerations (geology, topography, soil characteristics, adjoining and nearby land uses, adequacy of site facilities);

(f) historical, cultural and archaeological impacts;

(2) governmental considerations:

(i) need for governmental services or finances;

(ii) commitment of government to provide services or finances;

(iii) status of application with other governmental regulatory bodies;

(3) any other information deemed necessary by the commission.

(c) A report about the project prepared for any other purpose, or an application for approval prepared for submission to a member jurisdiction, may be accepted by the commission provided the said report or application addresses all necessary items on the commission's form or listed in this section, as appropriate.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1806.14