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Part V.A.4. 4. For construction activities that require SMPs and meet Part V.A.1.a. or b., the owner or operator must, prior to submitting the eNOT, ensure one of the following: a. for SMP(s) that were constructed by a private entity, but will be owned, operated, and maintained by a public entity, the SMP(s) and any right-of- way(s) needed to operate and maintain such practice(s) have been deeded to the municipality in which the practice(s) is located; or b. for SMP(s) that are privately owned, but will be operated and maintained by a public entity, an executed operation and maintenance agreement is in place with the municipality that will operate and maintain the SMP(s); or c. for SMP(s) that are privately owned, the owner or operator has a mechanism in place that requires operation and maintenance of the practice(s) in accordance with the operation and maintenance plan, such as a deed covenant in the owner or operator’s deed of record; or d. for SMP(s) that are owned by a public or private institution (e.g. school, university, hospital), government agency or authority, or public utility, the owner or operator has policies and procedures in place that ensure operation and maintenance of the practices in accordance with the operation and maintenance plan. 5. An owner or operator that has met the requirements of Part V.A.1., 2., 3., and 4. must request termination of coverage under this permit by submitting a complete Notice of Termination form electronically using a NYSDEC approved form. 5 a. The owner’s or operator’s coverage is terminated as of the termination date indicated in the Letter of Termination (LOT), which is sent by NYSDEC after a complete eNOT is submitted. 5 Unless NYSDEC grants a waiver in accordance with 40 CFR 127.15(c) or (d). All waiver requests must be submitted to [email protected] or NYSDEC, Bureau of Water Permits, 625 Broadway, 4th Floor, Albany, New York 12233-3505. 45 Page 751 of 849