§ 57-05 Issuance of Drilling and Excavation Permit.
RCNY § 57-05
(a)Standards for Issuance. Within thirty (30) days from receipt of an application and processing fee: (1) If the proposed drilling and/or excavation is located in a corridor and inside the No Drilling and/or Excavation zone, the Department will deny a permit.
(2)If the proposed drilling and/or excavation is located in a corridor but outside of the No Drilling and/or Excavation zone and the Department believes that the drilling and/or excavation will not impair the stability of a water tunnel or shaft, the Department will issue a permit upon its further determination that the drilling and/or excavation complies with all standards and requirements of these rules, including but not limited to, engineering, legal, and insurance standards and requirements. The Department will not issue a permit unless proof of insurance required by the Department under these rules has been submitted to and accepted by the Department in accordance with the requirements of 15 RCNY § 57-06(b).
(b)General Permit Conditions.
(1)The permittee or the contractor must notify the Department 30 days prior to commencing any drilling or excavation activity.
(3)The permittee must abandon any borehole or well within two hundred feet (200') horizontal distance from the center line of a water tunnel, where the tip of the borehole or well comes within one hundred fifty feet (150') above the crown of a water tunnel or within one hundred fifty (150') below the invert of a water tunnel.
(i)The permittee must seal any abandoned borehole or well through the full drilling depth with Department-approved material, and (ii) The permittee must bear all costs and expenses associated with the sealing of such borehole or well.
(4)The permittee must abandon any excavation within two hundred feet (200') horizontal distance from the centerline of a water tunnel, where the elevation of the bottom of the excavation comes within one hundred fifty feet (150') above the crown of a water tunnel.
(5)The permittee must abandon any borehole or well within two hundred feet (200') horizontal distance from a shaft.
(6)The permittee must abandon any excavation within two hundred feet (200') horizontal distance from a shaft.
(7)The permittee may be required to utilize a blowout preventer, when the Department. determines that its use is necessary to prevent damage to the water tunnel or shaft.
(8)The permittee must comply with all applicable laws and regulations.
(9)The permittee must not perform work in such a way that damages any water tunnel or shaft.
(10)Within thirty (30) days after completing drilling and/or excavation, the permittee must provide documentation to the Department indicating the depth and azimuth of the finished borehole or well and/or the depth of the excavation, as applicable. A professional engineer or licensed land surveyor must stamp such certification.
(11)The permittee must conduct, at a frequency specified by the Department, all deviation surveys deemed necessary by the Commissioner. The frequency will vary depending on the type of drilling equipment utilized and the location of the borehole or well. If the Department requires the applicant to perform a deviation survey: (i) The permittee must engage an experienced specialty surveyor licensed as a land surveyor in the State of New York, who has experience conducting deviation surveys; (ii) The permittee must conduct a deviation survey that measures borehole or well inclination and azimuth; (iii) The permittee must conduct the deviation survey utilizing a gyroscopic probe or another suitable verticality probe; (iv) The drilling company or engineering firm must process the deviation survey output to produce a log containing tabular and graphical representations of the borehole or well inclination, azimuth, and depth; must maintain the log on site; must update the log at least once per shift or every 8 hours, whichever is sooner; and must make the log readily available for a Department inspector to review; (v) If the Department determines that the deviation survey is inadequate or the drilling is not proceeding as approved, the Department may require the permittee to retain an independent deviation surveyor and bear all costs and expenses associated with that surveyor; permittee must submit the credentials of the independent surveyor to DEP for review and approval (12) The permit shall be valid for a period not to exceed three (3) years from the date of issuance.
(c)Stop Work Order or Independent Inspector. Whenever the department finds that drilling and/or excavation is in violation of this section or creates a danger to water tunnel or shaft the department may: (1) Issue a stop work order, or (2) Require the permittee to retain an inspector independent of the contractor at the drilling and/or excavation site in order to observe the drilling and/or excavation activities, verify the drilling results, or for any other purpose the Commissioner deems necessary. Such inspector must be an architect or professional engineer licensed in New York State with a minimum of five (5) years of drilling/excavation experience; the permittee must submit the inspector's credentials to DEP for review and approval. The permittee must bear all costs and expenses associated with the inspection personnel.
(d)Revocation of permit.
