The Sediment Assessment and Management Program
The Sediment Assessment and Management Program is composed of staff in the Division of Water who are responsible for working with applicants who will be conducting in-water work that will disturb sediments. In-water sediment disturbing activities can include navigational dredging, construction of structures such as docks, moorings, piers, marinas, dams, etc., excavation or fill, and installing or maintaining energy cables or pipelines along the bottom of a waterbody. These projects are usually permitted through the Protection of Waters Program established by NYS Environmental Conservation Law (ECL) Article 15, Title 5, and the program is implemented through the regulations at 6 NYCRR Part 608.
The US Army Corps of Engineers (USACE) issues permits for dredging in navigable waters under the Clean Water Act (CWA) Section 404. When a Section 404 permit is needed for a project, NYSDEC must issue an accompanying CWA Section 401 Water Quality Certification. The Sediment Assessment and Management program staff develop 401 Certification conditions, evaluate in-water and riparian disposal options, and determine the required monitoring regimen to evaluate compliance with the permit and state water quality standards. This program provides an expert opinion on sediment related issues to other DEC units, Federal, State, and Local Government Agencies, and other interested/involved parties.
Dredged Materials Management
River and lake bottoms are often the final sink for historically discharged contaminants. The dredging of these sediments (for navigation, habitat restoration, etc.) needs careful management to ensure they are collected and disposed of properly. The Division of Water has put together a guidance document to assist in the placement of sediment and dredged material. (PDF)
Dredged material is sediment or material that has been dredged or excavated from water bodies. Dredging and excavation are the two most common means of removing sediment from a water body, either while it is submerged (dredging) or after water has been diverted or drained (excavation). In both cases, NYSDEC considers the material to be solid waste and the material must be managed in accordance with the 6 NYCRR Part 360 Series Regulations unless it is excluded from those regulations through in-water or riparian management, or if there is a determination of beneficial use. If excluded from (not subject to) solid waste regulations, dredged material is addressed in the Technical Operating and Guidance Series (TOGS) 5.1.9: In-Water and Riparian Management of Sediment and Dredged Material (PDF).
Designing a Dredging Sediment Sampling and Analysis Plan (SSAP)
Considerations
This section covers information for projects that would conduct sediment sampling and analysis for projects that include dredging activities, in-water energy transmission projects, and projects that propose to manage sediment in-water or the riparian area (100-year floodplain).
Sampling required by TOGS 5.1.9 is compatible with, but not identical to, the following other sediment testing manuals and requirements:
- The chemical analysis recommended in the Division of Fish, Wildlife, and Marine Resources (DFWMR) Bureau of Habitat’s Screening and Assessment of Contaminated Sediment (PDF) (2014) and Commissioner’s Policy CP-60 (PDF). While the sediment quality thresholds and classification systems are similar between the documents, the full range of methods and procedures adopted in the DFWMR document are not intended to be used for projects managed under TOGS 5.1.9. Screening and Assessment of Contaminated Sediment (PDF) is not applicable to questions of sediment management, remediation, mitigation, or disposal, nor should it be used for characterizing the suitability of dredged sediment for upland placement or disposal, or for characterizing ecological risks associated with sediment placed in upland, terrestrial sites.
- The testing required by the Division of Materials Management (DMM) for upland management or beneficial use determinations. See 6 NYCRR 375 6.8 for a parameter list for VOCs, SVOCs, pesticides/PCBs, and inorganics (metals and cyanide) in 6 NYCRR 360.12(e). Please contact DMM at [email protected] or 518-402-8678 for additional sampling and testing requirements if upland management of dredged material is proposed (6 NYCRR Part 360 Series (PDF)).
- The testing required by the US Army Corps of Engineers (USACE) for federal open-water disposal projects (PDF). USACE test results may be used to make permit decisions in lieu of or in addition to whole sediment chemistry test results, but the DEC may still require whole sediment chemistry analysis, as described in TOGS 5.1.9, to determine the appropriate best management practices for dredging or in-water/riparian disposal operations.
Submission of an SSAP is part of the pre-application phase for projects that will disturb sediment within a waterbody. The sediment sampling results will be submitted as part of the application. The information in this section does not apply to dam removals. Some projects may be exempt from sediment sampling. For more information, see the exemption section below.
The applicant is encouraged to contact their NYSDEC Division of Environmental Permits project manager at any point during the SSAP design phase and the application process. If applicants need to be connected with a project manager, applicants can reach out to the appropriate Regional Permit Administrator. Staff can address problems and concerns relating to the application, the design of the sediment sampling plan, and analysis of sediment samples.
Exemptions from Chemical Testing for Sediments
TOGS 5.1.9 (PDF) outlines the procedure and parameters for sediment analysis. Prior to submitting an application to dredge, the applicant should determine whether a sediment sampling and analysis plan is required for the dredging project. Very few projects meet the exemptions from testing; however, if any of the three exemption conditions are met, sediment sampling and analysis may not be required by NYSDEC. Criteria for possible sediment quality analysis exemption are:
- Material to be dredged is 90% sand/gravel (material retained in a 4.75 mm or #4 sieve) and less than 0.5% Total Organic Carbon (TOC); or
- Project involves less than 1,500 cu. yd. of total dredge material; or
- DEC DOW staff determine that the site’s sediment has been appropriately sampled and analyzed in the last five years, in situations where the data shows no appreciable contamination.
Applicants should be aware that even if material is exempted from chemical analysis by NYSDEC, testing may still be required for projects that propose the upland placement of dredged material. The applicant is advised to confirm testing exemptions with NYSDEC staff by reaching out to the appropriate Regional Permit Administrator as part of the pre-application phase of the project. Applicants can review this flow chart (PDF) to determine if a sampling exemption request can be submitted to NYSDEC for review. A request for exemption from sampling needs to be submitted to NYSDEC in writing via electronic letter or email and would include supporting information such as recent sediment data; grain size and total organic carbon analysis results, where applicable; discussion of site history; and other information that can support the exemption request.
