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Show NEW YORK 535 The memorandum must spell out the plan of operation so as to assure protection "to the public beneficial uses of such water courses." 38 Departments of the State and State public corporations are also exempt under a similar but more lenient written memorandum re- quirement, since any such memorandum "may" establish procedures for review by the department of the "plans for such projects and for written recommendations by the department with respect thereto." 39 Also exempt is "emergency work" which is immediately necessary to protect the "health, safety and well-being" of persons or to prevent damage to real or personal property, although the one performing such work must so notify the department within 48 hours after com- mencement of the work and after completion of the work.40 Section 15-0503 provides that, unless a permit is first obtained from the department, no person shall construct any dam or impound- ment structure across any natural stream, nor shall he build any dock, pier, wharf, or other structure used as a landing place on waters. Procedures for obtaining permits are similar to those followed for stream alteration permits.41 The statute provides for a number of exemptions from permit requirements, including impoundments where the drainage area does not exceed one square mile (subject to some further qualifications), certain farm ponds, certain landing structures within the jurisdiction of cities having populations in excess of 175,000, and certain land structures less than 40 feet from the shore or in water having a depth less than 4 feet.42 Section 15-0505 requires permits before excavating or placing fill in navigable waters, or in "marshes, estuaries, tidal marshes and wetlands that are adjacent to and contiguous at any point to navi- gable waters."43 The procedures for obtaining a permit are similar to those for obtaining stream alteration permits, and the Department is to protect navigability of the waters and the natural resources associated with the waters, including soil, forests, water, fish, and aquatic resources.44 It is to be noted that permit requirements for stream alteration, dams and landing structures, and excavation or fill in navigable waters, are three separate and distinct processes and permits, and a permit for one purpose does not serve to excuse one from obtain- ing a permit for either of the other two purposes.45 The water protection law authorizes the department to inspect, in the interest of public safety, dams and structures which impound waters and also docks, piers, and wharfs extending into water so impounded.46 After hearing and notice, the department may order such improvements or corrections as are found necessary to assure public safety, and if any party subject to such an order refuses or fails to comply, the department may cause such repairs to be made and utilize procedures to assess the costs thereof against the SBId. "OECL sec. 15-0501.5. *°ECL sec. 15-0501.6. «ECL sec. 15-0503.3. *2ECL sec. 15-0503.4. *3ECL sec. 15-0505.1. ** ECL sees. 15-0505.1 through 15-0505.5. «ECL sees. 15-0501.7, 15-0503.3.3, and 15-0505.5. «ECL sec. 15-0507. |