GROUNDWATER RESOURCES - AQUIFERS...Principal-, and Sole Source- aquifers as well as other...

CHAPTER 4.4

GROUNDWATER RESOURCES - AQUIFERS

ENVIRONMENTAL PROCEDURES MANUAL (EPM)

April 2008

Third Edition Limited revisions – October 2019

New York State Department of Transportation Environmental Science Bureau

NYSDOT. Environmental Procedures Manual, Chapter 4.4. Page 2 of 22 Environmental Science Bureau. April 2008

4.4 AQUIFERS

TABLE OF CONTENTS

Page I. SUMMARY…...................................................................................... 4

II. DEFINITIONS… ................................................................................. 8

III. APPLICABILITY… ............................................................................ 8

IV. PROCEDURES TO COMPLY WITH THE FEDERAL SAFE DRINKING WATER ACT – SOLE SOURCE AQUIFERS… ........... 9

V. PROCEDURES TO COMPLY WITH NYSDEC PRIMARY WATER SUPPLY AND PRINCIPAL AQUIFER AREAS… ............ 12

VI. CITATIONS… ..................................................................................... 14

VII. ADDITIONAL INFORMATION… .................................................... 15

VIII. FREQUENTLY ASKED QUESTIONS……………………….. 15

ATTACHMENTS 4.4.A NYS AQUIFER MAPS AND GIS INFORMATION [Rev.

2019]……………… 16

4.4.B STATEMENT OF SECTION 1424(e)……………………….. 19

4.4.C LIST OF PROJECTS THAT TYPICALLY DO NOT REQUIRE A SECTION 1424(E) REVIEW…………………

20

4.4.D GROUNDWATER ASSESSMENT REPORTS FOR EPA-DESIGNATED SOLE SOURCE AQUIFERS………….

21

4.4.E 1984 FHWA AND EPA MOU………………………………... 23

4.4.F. DEC TOGS 2.1.3 PRIMARY AND PRINCIPAL AQUIFER DETERMINATIONS………………………………

26

4.4.G. FINAL UPSTATE NEW YORK GROUNDWATER MANAGEMENT PLAN PAGES IV-16 THROUGH IV-22….

34


4.4.H. 40 CFR PART 149 - SOLE SOURCE AQUIFERS, SUBPART B AND INTERPRETATION CRITERIA FOR EPA STAFF… .............. 42

Edition Notes: 3rd Edition Limited Revisions (October 2019) Edits to Attachment 4.4A, maps and website links throughout by Laura Savage 3rd Edition (April 2008) by Mauricio Roma 2nd Edition (January 2007) by Mauricio Roma 1st Edition (August 1996) by Kyle Williams

* Thank you to NYSDOT, NYSDEC and FHWA staff for their contributions


I. SUMMARY

Objective, Background, and Aquifer Location Objective: Projects must meet existing Federal requirements regarding Sole Source Aquifers as well as State requirements regarding Primary- and Principal- Aquifers.

Background: Highway construction and operation generally contributes to impervious surface area in watersheds. The regular highway use and operations cause an accumulation of pollutants on the surface from oil, tires, dust, grease, road salt, and other materials which may infiltrate the ground or be washed into receiving waters through rain or snow events. Please note that the NYSDOT has an “Environmental Handbook for Transportation Operations” and other guidance documents to prevent and/or minimize adverse impacts to the environment, whether the transportation corridor is over an aquifer or not.

Aquifer Location: Figures-1 through 3 show the location of Sole Source- and Primary- Aquifers. You can also view and evaluate these aquifers, Principal Aquifers, and other groundwater resources, in paper maps or in Geographic Information System (GIS) datasets that are available at the NYSDOT (Attachment-4.4.A).

Federally-designated Aquifers (Sole Source Aquifers) Section 1424(e) of the Safe Drinking Water Act of 1974 (Attachment-4.4.B) provides for the United States Environmental Protection Agency (EPA) to designate and protect Sole Source Aquifers (Figure-1, and Attachment-4.4.A). A Section 1424(e) review is required for federally funded projects in Sole Source Aquifer Areas that have one of the four characteristics listed in Section IV, Step 3, of this EPM. This is because such projects may have the potential to create a significant hazard to public health, defined by EPA as:

a) exceeding any National Drinking Water Standards at any point where the water

may be used for drinking purposes; or

b) otherwise threaten public health.

In making this determination, the following factors, at a minimum, are considered by EPA:

1) the toxicity of the contaminants involved;

2) the volume of contaminants which may enter the aquifer; and

3) the physical and chemical hydrogeological characteristics of the aquifer and its attenuation capability.

These factors should be discussed in a Groundwater Assessment Report. Attachment-4.4.D summarizes the requirements for this report. The EPA’s Fact Sheets contain information for Ground Water and Drinking Water including the National Drinking Water Standards.

NYSDOT must ensure that all federally-aided projects are designed to prevent significant contamination of Sole Source Aquifers to a level that may create a significant hazard to public health. To achieve this, some projects may require treatment facilities. Such facilities are


described in Chapter 8 of the NYSDOT Highway Design Manual (HDM).

The Federal Highway Administration (FHWA) may not commit Federal financial assistance (through a grant, contract, loan guarantee, or otherwise) for any project which the EPA Administrator determines may contaminate a Sole Source Aquifer so as to create a significant hazard to public health. Attachment-4.4.E is the 1984 Memorandum of Understanding (MOU) between FHWA and the EPA. This MOU establishes the types of projects that require Federal review, factors to be considered in the review process, and time frames for review as per Executive Order (EO) 12372.

Please refer to EPA’s web site for detailed information about New York’s Sole Source Aquifers, including hydrogeology, susceptibility of contamination, and alternative sources of drinking water. Attachment-4.4.H is an example of the process for projects that may be affecting a Sole Source Aquifer and the criteria that EPA personnel use for Highway-related Section 1412 (e) Evaluations.

State Identified Aquifers (Primary- and Principal- Aquifers) New York State Department of Environmental Conservation (NYSDEC) Technical and Operational Guidance Series (TOGS) 2.1.3 (Attachment-4.4.F) provides guidance to determine whether an aquifer is considered a Primary Water Supply Aquifer or a Principal Aquifer. Attachment-4.4.G is a NYSDEC publication describing and showing the location of Primary-, Principal-, and Sole Source- aquifers as well as other groundwater resources. Figures 1through 3 also show these aquifers. You can also use GIS-datasets (Attachment-4.4.A) or other sources to view the aquifers.

At present, there are no laws or regulations that directly regulate non-point source impacts from projects in or adjacent to DEC identified Primary- or Principal- Aquifers. However, several laws and/or regulations such as State ambient water quality standards & SPDES (Art. 17), Freshwater and Tidal Wetlands (Art. 24 and 25), Wild, Scenic and Recreational Rivers (Art. 15), Stream Protection (Art. 15), Section 401 Water Quality Certification and/or the SEQRA process may apply to NYSDOT projects in or adjacent to designated aquifers. Therefore, NYSDOT should determine if a project is likely to have a potential adverse impact to a state identified aquifer or drinking water sources.

DEC’s website shows the State ambient water quality standards.

NOTE: You can find detailed information pertaining to Project Development Process in Chapter 4 of the NYSDOT Project Development Manual (PDM).


FIGURE-1: SOLE SOURCE


FIGURE-2: PRIMARY AQUIFERS –


FIGURE-3: SOLE SOURCE AND PRIMARY AQUIFERS



II. DEFINITIONS

Aquifer – A geologic unit that is sufficiently permeable to supply adequate quantities of water to wells.

Unconsolidated Aquifer - An aquifer made of loose materials such as gravel or sand. Valley fill materials are often unconsolidated aquifers.

Confined Aquifer - An aquifer where water moves beneath a layer of clay or other dense, low- permeability material.

Primary Aquifer (State) - Highly productive aquifers presently being utilized as sources of water supply by major municipal water supply systems. Generally, primary aquifers are the permeable valley fill materials within a primary aquifer zone, as seen in paper maps or GIS datasets. Confined aquifers that are predominantly recharged in land areas that are outside the aquifer area are not primary or principal aquifers.

Principal Aquifer (State) - Aquifers known to be highly productive or whose geology suggests an abundant and high quality potential water supply, but which are not intensively used as sources of water supply by major municipal systems at the present time.

Sole Source Aquifer Area (Federal) - An area determined by the Administrator of the EPA on his or her own initiative or upon petition, to have an aquifer, which is the sole or principal drinking water source for the area and, which if contaminated, would create a significant hazard to public health (Notice of this determination must then be published in the Federal Register). Note that Sole Source Aquifers are not necessarily based on hydrogeological factors (e.g., Ball Park SSA). Primary and Principal aquifers are delineated solely by hydrogeological factors.

Significant Hazard - Deemed to occur when a contaminant causes an aquifer to exceed Maximum Contaminant Levels (MCLs) (see "Water Quality Standards and Assessment Methodologies" guidance (EPM 4.5) at any point where water may be used or may otherwise threaten human health or result in need for additional treatment.

Recharge Zone – It is that area through which water enters into the aquifer system, including the streamflow source area. We interpret this as the area of water infiltration within the aquifer boundary and any streams contained within the Sole Source Aquifer area.

Streamflow Source Area - The upstream headwaters area which drains into an aquifer recharge zone.

III. APPLICABILITY

All federally-aided projects must be reviewed to determine potential impacts on EPA-designated Sole Source Aquifers.

All projects, regardless of funding source, should be reviewed for potential impacts on NYSDEC identified Primary- and Principal- Aquifers.


IV. PROCEDURES TO COMPLY WITH THE FEDERAL SAFE DRINKING WATER ACT - SOLE SOURCE AQUIFERS

To comply with Federal law and to secure project approval from Federal agencies, NYSDOT must determine whether certain types of projects will adversely affect federally designated Sole Source Aquifers. Figure-4.A shows the process.

STEP 1. Determine if the project is federally funded.

1a) If the project is not federally funded, no Federal review and/or approval is required pursuant to Section 1424(e) of the Safe Drinking Water Act. Document this determination in the Design Approval Document and go to Section-V for state aquifer review.

Note: If a SSA is present in the project area but no federal funding involved, indicate that a SSA is present and that although no federal review is required, a State review may be required.

1b) If the project has any federal funding, go to STEP 2 (below).

STEP 2. Determine if the project is in a federally designated Sole Source Aquifer

Area.

During project scoping, determine the location of Sole Source Aquifers (Figure-1 and Attachment-4.4.A).

Note: When an aquifer has been designated as the sole or principal source of drinking water, the area in which projects may be reviewed is the area encompassed by: (1) the boundary of the designated aquifer's recharge zone, and (2) its streamflow source zone.

2a) If the project is not in a Sole Source Aquifer area, then no Federal review and/or

approvals are required pursuant to Section 1424(e) of the Safe Drinking Water Act. Document this determination in the Design Approval Document and go to Section-V of this guidance for the state aquifer review.

2b) If the project is in a Sole Source Aquifer area, go to STEP 3 below.

STEP 3. Determine if the project is the type which will require Section 1424(e) review

by FHWA and EPA.

Projects that include the following categories of work require Federal Sole Source Aquifer Section 1424(e) review by FHWA and EPA pursuant to Executive Order 12372:

1. Construction of additional through-traffic lanes (this does not include turning

lanes), interchanges, or rotaries on existing roadways;

2. Construction of a two or more lane highway on new alignment;

3. Construction of rest areas with on-site sewage disposal facilities; or,

4. Other projects which, in the opinion of FHWA, may have effect on the water


quality of the aquifer to the extent that the goal outlined above (protection of Sole Source Aquifer drinking water supplies) would not be achieved.

3a) If the project work is not in one of the four categories listed above, no Federal review

and/or approval is required pursuant to Section 1424(e) of the Safe Drinking Water Act. Document this determination in the Design Approval Document and go to Section-V for the state aquifer review. Attachment-4.4.C is a list of projects that typically do not require a Section 1424(e) review.

3b) If the project is in one of the four categories, go to STEP 4 below.

STEP 4. Evaluate Impacts, Determine Measures to Avoid, Minimize or Mitigate

Adverse Impacts, and Prepare Groundwater Assessment Report.

Evaluate potential modifications to the project that will avoid, minimize or mitigate adverse impacts to the Sole Source Aquifer. Prepare also a Groundwater Assessment Report and include it in the Draft Design Approval Document. Attachment-4.4.D discusses the factors to evaluate in the Groundwater Assessment Report.

In addition, as appropriate, identify and incorporate Best Management Practices (BMPs) into the design of the project as necessary to protect the aquifer. BMPs include Erosion and Sediment Control, Stormwater Management, and appropriate Fuel / Chemical Storage and Handling. BMPs examples are: centralized refueling, storing absorbent material and booms on-site, and locating portable fuel tanks in upland areas on a low permeability substrate (Section VII of this EPM has References for BMPs). Chapter 8 of the NYSDOT Highway Design Manual describes BMPs and treatment facilities. The NYSDOT should circulate the Draft Design Approval Document, including the "Groundwater Assessment Report", to FHWA and to EPA (on behalf of FHWA) as part of the National Environmental Policy Act (NEPA) review, as described in the NYSDOT PDM.

Note: We understand that FHWA also circulates this report to EPA as part of NEPA.



V. PROCEDURES TO COMPLY WITH NYSDEC REQUIREMENTS – PRIMARY AND PRINCIPAL AQUIFERS

To comply with State Law or requirements, the NYSDOT must determine whether certain types of projects will adversely affect a NYSDEC designated Primary Aquifer, Principal Aquifer, or drinking water supply sources (e.g., reservoirs, wells, etc.,). Figure-4.B shows the process.

STEP 1. Determine if the project is located in a DEC identified Primary Aquifer,

Principal Aquifer, or is adjacent to drinking water supply sources

During project scoping, review the NYSDOT GIS datasets or NYSDEC/USGS aquifer maps (Attachment-4.4.A). You may want also to review the NYSDEC Technical and Operational Guidance Series (TOGS) 2.1.3 (Attachment-4.4.F). These reviews are to determine if the NYSDOT project is located in an identified Primary Aquifer, Principal Aquifer Area, or it is adjacent (within 200 meters of road margin) to public or private drinking water supply sources.

Note: TOGS 2.1.3 provides information on the approximate location, geomorphology and hydrology of 18 Primary- and 7 “selected” Principal- Aquifers in New York State. Please note that there are now 21 Primary Aquifers and that the 7 “selected” Principal Aquifers listed in TOGS 2.1.3 are just examples.

1a) If the project is not over a Primary Aquifer, a Principal Aquifer Area, or adjacent to drinking water supply sources, document this determination in the Draft Design Approval Document. No further processing for NYSDEC designated aquifers is required under this guidance.

1b) If the project is in a Primary Aquifer- / Principal Aquifer- Area, or adjacent to drinking water supply sources, go to Step 2.

STEP 2. Determine if the project will have potential to significantly impact the DEC

designated aquifer or drinking water supply sources (within 200 meters of the road margin or work area).

Assess and briefly describe in the Draft Design Approval Document potential positive and negative project impacts to the primary aquifer, principal aquifer, or nearby water sources (e.g., wells).

Note: In general, maintenance activities such as paving or striping, do not significantly impact aquifers.

Evaluate and incorporate modifications to the project (Chapter 8 of the Highway Design Manual) that will avoid, minimize or mitigate adverse impacts to the aquifer or drinking water supply sources. Use the Toler Analysis to assess potential chloride contamination to the aquifer IF:

* the project involves new highway construction, significant pavement widening, or the

construction of additional travel lanes, and

* there is a major net increase of pavement or impervious area or there are municipal water supplies within 200 meters of the road margin (or site boundary; e.g., a project that may impact an aquifer with no, or little, road work involved)

The "Toler Analysis" is a predictive methodology that can be used to determine potential


chloride concentrations in surface and, to some extent, ground waters from existing and anticipated salt applications on adjacent highways. There are no rules or regulations requiring the Department to perform such analysis whether the project is over a Primary, Principal, or Sole Source Aquifer or near residential or public water supply wells. Additional information regarding use of the "Toler Analysis" and applicable surface and groundwater standards can be found in "The Water Quality Standards and Assessment Methodologies" guidance (EPM 4.5).

If the project is not in a DEC designated aquifer but it is within 200 meters of public (municipal) or private drinking water supply sources, evaluate and, if possible, incorporate feasible modifications to the project that will avoid, minimize or mitigate adverse impacts to the water sources. If a municipal source is involved, the Department must coordinate with the affected municipality and the local / State Health Department to discuss any 1) findings (project has or has not the potential to affect water quality), and 2) appropriate actions, if needed.

To comply with State water quality standards (e.g., 6 NYCRR Part 703), identify and incorporate, as appropriate, Erosion and Sediment Control, Stormwater Management, and appropriate Fuel / Chemical Storage and Handling Best Management Practices (BMPs) into the design of the project. Examples might include centralized refueling, storing absorbent material and booms on-site and locating portable fuel tanks in upland sites on a low permeability substrate. (Section VII of this EPM has references for BMPs).

In general, NYSDOT does not monitor water quality of drinking water supply sources near a proposed transportation project because of the infeasibility and long monitoring periods that would be required to track seasonal and yearly trends. We can better protect water supplies through analyzing project impacts (using Toler Analysis, for example), following best management practices (BMPs), and incorporating engineering controls, where applicable.

Note: New York State requires permits for all NYS public water supply wells. Long Island does not “discriminate” on public vs. residential wells (i.e., if your well will withdraw more than 45 gpm., you must get a permit).


VI. CITATIONS

The following State and Federal laws, regulations and memoranda were used as information sources for this guidance.

FEDERAL STATUTES AND MEMORANDA

1974 Safe Drinking Water Act, Section 1424(e), (P.L. 93-523) requires that certain federally funded projects located in designated Sole Source Aquifer Areas be reviewed and approved by the EPA.

40 CFR PART 149 - Sole Source Aquifers, Subpart B - Review of Projects Affecting the Edwards Underground Reservoir, A Designated Sole Source Aquifer In San Antonio, Texas. This regulation provides guidance regarding project review criteria to be implemented by EPA in their review of projects that may affect designated Sole Source Aquifers.

1984 Federal Highway Administration/United States Environmental Protection Agency Sole Source Aquifer Memorandum of Understanding describes what types of projects will require EPA review and discusses procedures for coordinating this review at the Federal level.

STATE STATUTES AND REGULATIONS

Environmental Conservation Law Section 15-1527 and 6 NYCRR 602 require that any wells which pump more than 45 gpm in Nassau, Suffolk, Queens and Kings Counties obtain a Long Island Well Permit.


VII. ADDITIONAL INFORMATION

For additional information contact the Environmental Science Bureau, 50 Wolf Road, Albany, N.Y. 12232-0473. OOE Main Line Telephone: 518-457-5672.

RESOURCE MATERIALS:

The following materials may be useful in developing Best Management Practices for erosion and sediment control, stormwater management, and appropriate fuel / chemical storage and handling.

NYSDOT, 2006. Highway Design Manual – Chapter 8: Highway Drainage.

NYSDOT, 2006. Environmental Handbook for Transportation Operations.

NYSDEC, 2005, "New York Standards and Specifications for Erosion and Sediment Control"; also known as the "Blue Book".

NYSDEC, 2003, "New York State Stormwater Management Design Manual”.

AASHTO, 2007, Highway Drainage Guidelines, Chapter 3, "Guidelines for Erosion and Sediment Control in Highway Construction,

NYSDEC, "Management Practices Catalogue for Nonpoint Source Pollution Prevention and Water Quality Protection in New York State"

Note: USGS website has a comprehensive USGS guide to Federal Environmental Laws and Regulations (including definitions) pertaining to water quality.

VIII. FREQUENTLY ASKED QUESTIONS

* DOT Service Teams. Can we use them to conduct groundwater assessment reviews?

Ground water assessment reviews should be conducted by qualified environmental professionals who have sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and reach conclusions on these issues. Few members of the DOT service teams have these skills and background to perform this work at the present time (2008).


ATTACHMENT-4.4.A: NYS Aquifer Maps & GIS- Datasets MAPS Sole Source Aquifers Figure-1 of this EPM shows Sole Source Aquifers in New York State:

1) Northern Tug Hill Glacial, 2) Schenectady Niskayuna, 3) Cortland Homer Preble, 4) Cattaraugus Creek, 5) Nassau Suffolk, 6) Clinton Street Ballpark, 7) Brooklyn Queens, 8) Ramapo, 9) Highlands, 10) Ridgewood, and 11) NW NJ 15 Basin.

Primary and Principal Aquifers As indicated in Section-V of this EPM, TOGS 2.1.3 provides information on the approximate location, geomorphology and hydrology of 18 Primary and 7 “selected” Principal- Aquifer Areas in New York State (see also Figures 1 through 3). Please note that there are now 21 Primary Water Supply Aquifers and that the 7 “selected” Principal Aquifers listed in TOGS 2.1.3 are just examples. The USGS shows Primary and Principal Aquifers in 1:250,000 scale maps, titled: “Potential Yields of Wells in Unconsolidated Aquifers in Upstate New York”. These maps are:

Adirondack sheet, WRI 87-4276 Finger Lakes sheet, WRI, 874122 Hudson-Mohawk sheet, WRI 87-4275, and Lower Hudson sheet, WRI 87-4274 Niagara sheet, WRI 88-4076

The above USGS maps show the primary aquifers within a “numbered” box. Both, primary and principal aquifers have a known potential yield (10-100 gal./minute, or more than 100 gal./min.). There are other aquifers of unknown potential yields. These are designated: L (lacustrine; probable low hydraulic conductivity), G (kame/outwash deposits, …; variable hydraulic conductivity), M (moraine), and U (confined). These are not technically primary or principal aquifers but in the future NYSDEC may nominate some of them as principal aquifers. However, because G-designated aquifers have a high-yield potential, we should regard these as principal aquifers.

These maps also show confined aquifers (potential yield 5 to more than 500 gal./min.) which, sometimes, can be overlain by primary or principal surficial aquifers, but separated by a low permeability confining layer. Confined aquifers that are predominantly recharged in land areas that are outside the aquifer area (defined by the valley-fill aquifer boundaries) are not primary or principal aquifers.

Detailed Principal Aquifers mapped at a 1:24,000 scale are also available from USGS.

GIS-DATASETS (for NYSDOT Use) The NYS aquifers and drinking water sources can also be evaluated using GIS-datasets found in the NYSDOT’s P:\ GIS files. The GIS files are typically organized by logical groupings, so the files are locatable by all GIS users. The databases that the Office of Environment maintains are typically located within the geodatabases held in P:\GIS\Environmental. Metadata for each file provides a general description of the shapefile along with the source and update date.


OTHER INFORMATION SOURCES An alternative is to evaluate more detailed mapping (e.g., 1:24,000 scale) which is available for some of the aquifers at the USGS web sites using the Upstate New York Aquifer Viewer or similar sources found on the USGS web site.


ATTACHMENT-4.4.B: Statement of Section 1424 (e)

The Safe Drinking Water Act (SDWA), Public Law 93-523, of December 16, 1974 contains a provision in Section 1424(e), which states that:

If the Administrator determines, on his own initiative or upon petition, that an area has an aquifer which is the sole or principal drinking water source for the area and which, if contaminated, would create significant hazard to public health, he shall publish notice of that determination in the Federal Register. After the publication of any such notice, no commitment for Federal financial assistance (through a grant, contract, loan guarantee, or otherwise) may be entered into for any project which the Administrator determines may contaminate such aquifer through a recharge zone so as to create a significant hazard to public health, but a commitment for Federal financial assistance may, if authorized under another provision of law, be entered into plan or design the project to assure that it will not so contaminate the aquifer.

This section allows for the specific designation of areas which are dependent upon ground water supplies. Following designation, the review process will ensure that Federal agencies will not commit funds toward projects which may contaminate these ground water supplies.


ATTACHMENT-4.4.C: List of Projects that typically do not require a Section 1424(e) review

In general, in the opinion of FHWA (and NYSDOT), the following projects do not require a Section 1424(e) review:

1. Auxiliary Lanes that are 2 km. (1.25 miles), or less, in length, and 6 m. (20 ft.), or less in width. Note: FHWA defines auxiliary lanes as: “Additional lane on a freeway to connect an on-ramp and an off- ramp.

2. Roundabouts


ATTACHMENT-4.4.D: GROUNDWATER ASSESSMENT REPORTS FOR EPA DESIGNATED SOLE SOURCE AQUIFERS The EPA requires a Groundwater Assessment Report for any federally funded project located over a Sole Source Aquifer, if the project meets the criteria listed in Section IV, Step 3 (page # 9) of this EPM. A hydrogeologist or a qualified environmental professional with extensive background in hydrogeology should prepare this report.

Process: If we require such a report & NYSDOT regional staff does not have the resources to do this work, the Region can submit a supplemental request to the Prime consultant, so the Prime or a Prime sub-consultant can prepare this report.

The degree of detail necessary in the Groundwater Assessment Report should be commensurate with the potential for aquifer contamination, e.g. size of the project, extent of land disturbance, toxicity and volume of potential contaminants, distance to wellheads etc. Topics to be considered for inclusion in the Groundwater Assessment Report fall into the following general categories:

1. Physical Hydrogeological Properties of the Aquifer; 2. Chemical Hydrological Properties of the Aquifer; 3. Potential of Aquifer Contamination for each Design Alternative; and 4. Existing and Future Land use of the Project Site.

Based on available information and EPA guidance, the following specific parameters should be examined/discussed, as appropriate, under the above general categories. Project impacts to any of the listed categories should be discussed as well as any practices/measures proposed to mitigate these impacts.

1. Physical Hydrogeological Properties of the Aquifer

- General hydrologic cycle information (average annual rainfall, evaporation,…) - Aquifer type (overburden or bedrock) - Precipitation (average annual rainfall) - Lithology (include presence of rock outcrops) - Depth - Infiltration Rate - Hydraulic Conductivity, Porosity, and Permeability - Identification of solution channels and/or fracture zones - Confining layers (including depth) - Volume and yield - Depth to seasonal high water table - General direction of hydraulic gradient or flow - Location of Aquifer Recharge and Discharge Areas - Presence of gaining and losing streams, if any

2. Chemical Hydrogeological Properties of the Aquifer


- Groundwater composition - Major and minor natural constituents - Other parameters: pH, TDS, hardness, conductivity - Presence of contaminants (if any)

3. Aquifer Susceptibility to Contamination or Change because of Project

- Impacts of each design alternative on the physical / chemical properties of the aquifer & wells - Changes in topography (including cut & fill limits) - Changes in surface / subsurface drainage and stormwater runoff - Changes in water table, hydraulic gradient/flow, local groundwater recharge / discharge - Change in the characteristics of surface water features (wetlands or other) - Effect of changes on vegetative patterns - Effect of the above changes and potential contaminants (incl. toxicity and volume) from modified highway / activities on groundwater quality - Handling of potential contaminants - Spill contingency plan - Provisions for stockpiling, storage and use of various construction chemicals, pesticides or fertilizers

4. Land Use of Project Area

- Existing land use and condition of project site - Planned land use and condition of project site during and after construction - Effects of future motor vehicle use, highway maintenance and construction activities - Proximity of public or private wellheads, ie. within 200 meters

NYSDOT Environmental Procedures Manual, Chapter 4.4. Environmental Science Bureau. April 2008. Page 23

ATTACHMENT-4.4.E


(b) otherwise threaten public health.

In determining whether a level of contaminant would threaten public health, the following factors at a minimum shall be considered:

(1) the toxicity of the contaminants involved;

(2) the volume of contaminants which may enter the aquifer; and

(3) aquifer characteristics, i.e., geochemical, hydrological, geological, etc., andattenuation capability of the aquifer.

Early Notification

In order to achieve the above goal, the FHWA, at the time of Intergovernmental Review per Executive Order 12372, or when preliminary engineering funds are authorized, will provide EPA with early notification of projects for which one of the following criteria apply:

1. Construction of additional through-traffic lanes, or interchanges, or rotaries onexisting roadways.

2. Construction of a two or more lane highway on new alignment.

3. Construction of rest areas with on-site sewage disposal facilities.

4. Other projects which, in the opinion of FHWA, may have an effect on the waterquality of the aquifer to the extent that the goal outlined above would not be achieved.

This early notification will serve to initiate consultation to determine the scope of study for any required water quality assessment.

1424(e) Review

For those projects requiring a 1424(e) review, FHWA will provide EPA with a ground water quality assessment as soon as practicable following the early notification to permit EPA to make an early determination on the impact of the project on the quality of the ground water. If a determination has not been made prior to the circulation of the draft environmental impact statement (DEIS), the 1424(e) review will be performed by EPA concurrently with the National Environmental Policy Act NEPA review. For those projects which do not require an EIS, EPA agrees to complete the 1424(e) review within 45 days after receipt of the ground water quality assessment. For those projects being considered for Federal-aid highway funding at the time of the sole source determination, the liaison officers will meet to determine the information needed for review (scope) and EPA agrees in turn to complete any needed reviews within 30 days after receipt of this information.


The FHWA and EPA will each assign a representative to serve as liaison. The liaison officers are:

FHWA Director, Office of Planning and Program Development Region 1 - U.S. Department of Transportation

Federal Highway Administration Leo W. O'Brien Federal Building, 7th Floor Albany, New York 12207

Region II - Environmental Protection Agency, Region II

26 Federal Plaza, Room 907 New York, New York 10278

Representatives will meet as needed to update this memorandum. This memorandum is subject to revision upon agreement of both parties.

Federal Highway Administration U.S. Environmental Protection Agency

Regional Administrator

Date: _

Regional Administrator

Date:-----------


ATTACHMENT-4.4.F New York State Department of Environmental Conservation 50 Wolf Road, Albany, New York 12233

October 23, 1990

Thomas C. Jorllng Commissioner

MEMORANDUM

TO: Regional Water Engineers, Bureau Directors, Section Chiefs

SUBJECT: Division of Water Technical and Operational Guidance Series (2.1.3.) PRIMARY AND PRINCIPAL AQUIFER DETERMINATIONS (Originator: Mr. DeGaetano)

PURPOSE

To clarify the meaning of the terms "Primary Water Supply Aquifer" and

"Principal Aquifer" as they are set forth in the Upstate New York Groundwater Management Program, and to establish guidance for determining whether an aquifer is considered a Primary Water Supply Aquifer or Principal Aquifer.

DISCUSSION

"Geographic targeting", as set forth in the Upstate New York Groundwater

Management Program, is the adoption of special program policies and/or priorities to provide a special (i.e., extra) level of protection in locations where the groundwaters are both highly productive and highly vulnerable. The basic categories of areas which have been identified for use in geographic targeting, in order of priority, are:

Public Water Supply Wellhead Areas Primary Water Supply Aquifer Areas Principal Aquifer Areas Other Areas

i


2.

The intention of geographic targeting is not to remove or lessen the basic regulatory protections afforded by existing program such as SPDES, the Solid and Hazardous Waste Programs, the Bulk Storage Program, and others, for any geographic area. Rather, it provides a method for enhancing regulatory protection in critical locations where the groundwater resource is most productive and most vulnerable.

The importance of this concept for responsible and effective management of

the state's groundwater resources cannot be overemphasized. To make the concept serve its intended purpose, the meaning of the terms "Primary Water Supply Aquifer" and "Principal Aquifer" must be better understood and guidance must be available on how an aquifer is determined to be a Primary Water Supply Aquifer or a Principal Aquifer.

General Intent Of The Terms "Primary Water Supply Aquifer" And "Principal Aquifer"

Highly productive unconsolidated aquifers which provide, or which have the potential to provide water for large populations and which are highly vulnerable to contamination from activities on the land surface directly over the aquifer, underlie only a small portion -- roughly ten percent -- of the state's land area. They are termed:

Primary Water Supply Aquifers: Highly productive aquifers presently being utilized as sources of water supply by major municipal water supply systems.

Principal Aquifers: Aquifers known to be highly productive or whose geology suggests abundant potential water supply, but which are not intensively used as sources of water supply by major municipal systems at the present time.

The Primary Water Supply Aquifers were originally identified by the NYSDOH

in the "Report on Groundwater Dependence in New York State", 1981. The municipal populations supplied with water from the 18 identified Primary Water Supply Aquifers range in size from 8,100 people (Croton-on-Hudson) to roughly 150,000 people (Schenectady).

The range of populations supplied by the Primary Water Supply Aquifers is an

indication of the water resource capability envisioned when the terms "Prima- ry" and "Principal" were originally used in the development of the Upstate Groundwater Management Program. In regard to the ability to yield water to wells, there is intended to be no difference between a Primary Water Supply Aquifer and a Principal Aquifer. The only difference is that one is used intensively now, and the other is not. The Principal Aquifers are, in effect, the potential Primary Water Supply Aquifers of the future.

Where the phrase "potential for development" is used in evaluating an aquifer,

it refers only to the capability to supply significant quantities of water. It should not be used to refer to whether or not human development will


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ever locate in that particular spot. In protecting the groundwater resource, we cannot presume to know where development may or may not locate at some time in the distant future.

Productivity, And Natural Water Quality

As used in the definitions of Primary Water Supply Aquifer and Principal Aquifer, the term "highly productive" means aquifers with capability to provide water for public water supply of a quantity and natural background quality which is of regional significance. As discussed above, the range of populations currently served by the Primary Water Supply Aquifers serves to illustrate the

· intended meaning of this term.

Existing contamination which is the result of man's activities is not part of "natural background". On the other hand, some aquifers have the physical capability to supply significant quantities of water, but the natural background quality of the water makes it unsuitable for drinking. Aquifers with naturally unpotable water will not be considered Principal Aquifers. Consistent with 6 NYCRR Part 703, this means water with a natural chloride concentration of more than 250 mg/liter or a natural total dissolved solids concentration of more than 1,000 mg/liter.

Vulnerability, Confined vs. Unconfined Aquifers, And Unconsolidated vs. Bedrock Aquifers

As used in defining "Primary Water Supply Aquifer" and "Principal Aquifer", the term "highly vulnerable" refers to aquifers which are highly susceptible to contamination from human activities at the land surface over the identified aquifer. Additionally, so that the special policies designed to protect them can be applied fairly and equitably, such aquifers must be generally identifiable based on available mapping if they are to be considered Primary Water Supply Aquifers or Principal Aquifers.

Unconfined (water table) aquifers consisting of unconsolidated geologic

deposits (a) are the most common type of high-yielding aquifer system in upstate New York, (b) are generally mapped, so that regulated entities and the general public can be provided with at least reasonably accurate comprehensive mapping showing where they exist, and (c) are vulnerable to contamination from the land surface over the aquifer. These aquifers, where they are sufficiently productive, fall within the meaning of "Primary Water Supply Aquifer" and "Principal Aquifer".

Where a highly productive aquifer is overlain by thick, continuous im-

permeable deposits and the predominant recharge to the aquifer is from land areas outside of the aquifer area, the aquifer does not fall within the meaning of the terms "Primary" and "Principal". Special protective policies applied to the land area over the aquifer will provide little if any additional protection for it. Where the major sources of recharge for confined aquifers can be iden-


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tified, those areas should receive appropriate special consideration through the operation of ongoing regulatory programs and procedures. However, such areas cannot be comprehensively identified and mapped across the entire state at the present time. Therefore, it is neither reasonable nor feasible to include them within the meaning of "Primary" and "Principal".

Some high yielding aquifer areas are underlain by patterns of geologic

deposits which include unconfined permeable deposits in some portions of the area, and less permeable confining layers over the highly permeable deposits in other portions. Often, however, the confining layers are not well defined and they are not so extensive, thick, and continuous as to assure that there are not pathways for contaminants to reach the aquifer from the overlying land surface. Where a high-yielding aquifer system exhibits this type of condition and it cannot be shown that major potential contamination pathways from the land surface do not exist, the Division of Water will treat the system as being an unconfined system (i.e., it falls within the meaning of "Primary" and "Principal").

Where it can be identified that a high-yielding bedrock aquifer is poten-

tially vulnerable to contamination from a proposed activity at the land surface over the aquifer, protection of that aquifer should receive special emphasis through the normal operation of regulatory programs (e.g., through the application of Part 360 procedures for landfills). However, it is not currently feasible to comprehensively map the specific land areas across the state where bedrock aquifers are vulnerable to contamination from the overlying land surface. Therefore, it is not appropriate to include bedrock aquifers within the meaning of "Primary Water Supply Aquifer" and "Principal Aquifer" at the present time.

Sole Source Aquifers

Sole Source Aquifers are those which are designated by the USEPA as the sole or principal source of drinking water for a community, under provisions of the Federal Safe Drinking Water Act. The designations are made in response to a petition from the locality, and after public hearing. New York State has little influence over such designations, other than through testimony and comments during the review process.

At the present time, the programmatic implications of Sole Source desig-

nation are limited. The principal benefit is symbolic, in drawing attention to the aquifer. In New York State, we believe that all of the Primary Water Supply Aquifers would qualify for such designation and that the localities relying on them should petition. However, there is no evidence that the Federal designation process utilizes considerations of groundwater resource potential and vulnerability in the same way they are used with regard to identification of Primary Water Supply Aquifers and Principal Aquifers. Therefore, there is no direct technical relationship between the designation of "Sole Source" aquifers and the subject of this TOGS memo.


5.

Factors Used In Principal Aquifer Determinations

During the development of the draft Upstate New York Groundwater Management Program it was recognized that criteria would likely be necessary to determine whether a specific geographic location is considered to be within a Principal Aquifer area. For that criteria the draft report suggested a minimum sustained well yield of ten (10) gallons per minute, to be obtainable generally for locations throughout the aquifer and not just from one isolated spot.

There has now been considerable experience in making Principal Aquifer

determinations. Experience suggests that the single criterion of 10 gpm sustained well yield does not fully reflect the intent of the phrase "aquifers known to be highly productive or whose geology suggests abundant potential water supply".

The actual boundary of an aquifer area is determined by the pattern of

geologic deposits, not by an arbitrary well yield number. However, the value of 10 gpm sustained well yield tends to occur near the edge of an aquifer area, where the thickness of saturated permeable deposits is quite small. Maps illustrating the locations of unconsolidated aquifers often use 10 gpm (somewhat arbitrarily) as the lower end of the range of well yields associated with highly productive aquifers.

Further inside of the boundaries of major aquifers there are ordinarily very

substantial areas where the sustained yield to wells is considerably in excess of of 10 gpm. Thus, a continuous area of locations which can sustain 10 gpm may help to define the boundary of an aquifer area but does not establish whether the aquifer is sizable enough to be considered a "Principal Aquifer". The term "Principal Aquifer" is intended to reflect the overall capability of the aquifer to supply water, rather than just the capability at the boundary of the aquifer area.

The attached Table 1 provides relevant data for the upstate Primary Water

Supply Aquifers and several aquifers considered to be "Principal Aquifers". The data are from the "Atlas of Eleven Selected Aquifers in New York", U.S. Geolog- ical Survey, 1982, plus other hydrological reports and data available in DEC files.

On the Table, the columns showing existing population served and the existing

average daily pumpage indicate the range of public water supply usage associated with identified "Primary Water Supply Aquifers". The area of the aquifer, thickness of saturated deposits (both average and maximum), and maximum obtainable well yields (actual or estimated) are types of data which are available or obtainable for most unconsolidated aquifers. When considered collectively, they are indicative of the overall capability of an aquifer to supply water. They can serve as a common basis of comparison for considering whether an aquifer is a Principal Aquifer.

To qualify as a Principal Aquifer, overall yields should be comparable to

those of the smaller Primary Water Supply Aquifers. Roughly, this means the ability to supply a population of 5,000-10,000 people, or a yield of 500,000 to



6.

1,000,000 gallons of water per day. Based on the data in Table 1, the general guidelines for aquifer area, thickness, and well yields contained in the guidance below are consistent with these aquifer yields and are appropriate for determining whether an aquifer should be considered a Principal Aquifer.

The guidelines below relating to aquifer productivity are general guidelines.

They should not be applied rigidly, and there may be instances where all three need not be met simultaneously. For example, there may be situations where the thickness of highly permeable deposits and the ability to produce high well yields (e.g., through interconnection with a major surface stream) lead to the conclusion that a particular aquifer is a Principal Aquifer, even though its areal extent is smaller than the suggested minimum range. In all cases, however, the general level of water resource capability suggested by these three guidelines should be met.

GUIDANCE

1. The general factors outlined in the discussion above, regarding the role of groundwater productivity, natural water quality, aquifer vulnerability, confined vs. unconfined aquifers, and unconsolidated vs. bedrock aquifers, will be utilized by the Division of Water in determining whether an aquifer is a Primary Water Supply Aquifer or Principal Aquifer.

2. In addition, the Division of Water will use the following guidelines relating

specifically to the question of aquifer productivity:

Area of the Aquifer: Five (5) to ten (10) square miles of contiguous area at a minimum;

Thickness of Saturated Deposits: Saturated deposits of highly permeable materials should average at least twenty (20) feet through much of the area, with some locations at least fifty (50) feet thick;

Obtainable Well Yields: Sustained yields to individual wells should be 50 gpm (gallons per minute) or more from sizable areas (two square miles or greater) throughout the aquifer.

3. The aquifer maps and reports as available now and as periodically updated by

new or improved mapping will continue to be the basis for preliminary identification of Primary Water Supply Aquifer Areas and Principal Aquifer Areas.

i These include, in descending order of detail, Primary Water Supply Aquifer maps; regional and/or basinwide aquifer maps: and Kantrowitz and Snavely's "Availability of Water from Aquifers in Upstate New York" (USGS, Open File Report 82-437). In using these maps, the map which provides the highest level of detail and coverage of the area in question should in most cases, be one used in decision making.

7. NYSDOT Environmental Procedures Manual, Chapter 4.4. Environmental Science Bureau. April 2008. Page 33

4. Where an applicant believes that more detailed hydrogeologic information will change the identification of a particular location as being within/outside a Primary Water Supply Aquifer Area or Principal Aquifer Area, the pertinent information should be submitted to the Department with a request for a determination. The information should be submitted through the regulatory program having jurisdiction in the particular situation (e.g., for a landfill site, the Division of Solid and Hazardous Wastes). It is not appropriate to establish specific, detailed guidelines for the types of information and the methods of field investigation which may be required, because conditions in specific locations are too variable. However, hydrogeologic staff of the Division of Water will be available to consult with other regulatory program staff and with applicants as needed on the information required in specific instances.

5. The Division of Water is ultimately responsible for making the formal determination as

to whether a location is within a Primary Water Supply Aquifer Area or a Principal Aquifer Area. Requests for determinations by the Division of Water will be referred to the DOW by the appropriate regulatory program offices as per Item #4 above.

Sa1 vatore Pagano, P.E. Director, Division of Water

cc: Dr. Banks Mr. Camp be11 Ms. Chrimes Mr. Bruening Regional Engineers for Environmental Quality


- . --=· ATTACHMENT-4.4.G

" ...

PUBLICATION

Division of Water

FINAL Upstate New York

Groundwater Management Program

May 1987

./ ' New· York State/Department of Environmental Conservation



1. Primary Water Supply Aquifer Areas

Primary Water Supply Aquifers are highly productive aquifers presently being utilized as sources of water supply by major municipal water supply systems.

Long Island 1s the largest of the primary aquifer areas. An extensive and highly complex aquifer system underlies all of Long Island including portions of New York City. This aquifer system is the sole source of water supply for roughly three million people, about half of the total groundwater dependen.t population in the State. It is subject to extreme land-use development pressure and to documented threats from synthetic organics and a variety of other contaminants

Long Island is a special case because it 1s larger and more complex than any other groundwater dependent area in the State. It currently receives and must continue to receive the highest level of program t01ffl1itment and the most complex level of management. It is the subject of a separate program report, the Long Island Groundwater Management Program.

IV-17

MAJOR GROUNDWATER AQUIFERS

NEW YORK

- Primary Water Suppl y Aquifers







ATTACHMENT-4.4.H

40 CFR PART 149 - SOLE SOURCE AQUIFERS, SUBPART B - REVIEW OF PROJECTS AFFECTING THE EDWARDS

UNDERGROUND RESERVOIR, A DESIGNATED SOLE SOURCE AQUIFER IN SAN ANTONIO, TEXAS AREA AND CRITERIA FOR INTERPRETATION FOR SECTION 1424(E) REVIEW BY USEPA

STAFF

USEPA has not issued a final rule regarding project review criteria in Sole Source Aquifer Areas (the proposed rule noticed in the 9/29/77 Federal Register was never finalized). 1990 FHWA guidance requires the use of 40 CFR Part 149, Subpart B in reviewing projects in Sole Source Aquifer Areas that require a commitment of Federal Financial Assistance.






'I

Criteria for Highway SOWA Section 1412fe) Evaluations

I. SETTING

Data on commercial, industrial, residential and other land uses - located and quantified.

II. TYPE AND USE OF HIGHWAY

o Interstate; o 1 Degree Divided; o 1 Degree Undivided Multi-lane; o 1 Degree Two-land; o 2 Degree; and o Accident Analysis.

III. CONSTRUCTION

A. Hydrogeological Impact Assessment of: 1. Cuts through impervious strata; 2. Retarding infiltration by placement of compacted

fill and pavement over permeable recharge areas; 3. Intersection of the water table by highway

alignment profile; and 4. Creation of openings in consolidated material that

might allow surface water or contaminants to enter ground water more directly.

An effective assessment of potential ground water thr2ats requires that:

All areas that would be disturbed during construction are fully described with respect to maximum ground water elevations;

Provisions will be made (construction specifications, for example) restricting storage, stockpiling, and use of various construction chemicals, pesticides, or fertilizers in areas where the water table is at or near the land surface, and;

- revisions will be made for control of construction

site runoff and placement of fill material to minimize direct entry of contaminants to the exposed saturated zone.

IV. Drainage

Effective assessment of potential threats requires that:

- Identification and delineation of soils, rock outcrops, fracture zones, solution channels, and other geologic2.l features that exhibit high permeabilities and are accessible to infiltrating runoff;



3

B. Long Term

- Construction of foundation may disrupt the rate of direction ground water flow, much like a dam across a stream may divert flow to surface waters; Removal of protective impervious layers, exposing underlying aquifers to contamination; Reduction in recharge capacity; Extraction of geologic materials for construction; and Compaction of subsurface materials, reducing their ability to hold and transmit water.

C. Short Term Control of site runoff and placement of fill material to minimize direct entry of contaminants to the exposed saturated zone; Control of the storage, use, and stockpiling of various chemicals, pesticides, or fertilizers in areas where the water table is at or near the surface; Special efforts to protect ground water in areas that are close to drinking water supplies (200m); and Immediate ac ion may avert pollution of ground water therefore a well thought-out cleanup program is needed.

D. Maintenance Chemicals - Fertilizers, growth retardants, sterilants, herbicides,

insecticides. Proper handling and application to minimize the possibility of hazardous concentrations reaching and adversely affecting the ground water.

E. Highway Service Areas - Monitoring and leak detection systems.

F. Deicing Chemicals: SALT

1. Storage Easy access to minimize losses in handling; Preferably at sites free of ground water; Protection from elements on top and bottom; and Collection and possible treatment of drainage.

2. . Application - Large trucks used, fewer sites needed; - Trucks in good control of application rates; - Consideration of traffic volumes, snow conditions,

level of service needed, temperatures; - Records of salt delivered and used; - Design of drainage system, especially terminal

point of system; and - Possible control of collection, treatment of

runoff.


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