HomeMy WebLinkAbout20230378 Washington Land Disturbance UCA AJD letter Signed
August 29, 2024
Upstate New York Section
SUBJECT: Permit Application Number NAN-2013-00413-UCA
by Mohr, David
City of Saratoga Springs, Saratoga County, New York
David Mohr
Mohr Service Center
239 Washington Street
Saratoga Springs, New York 12866
Dear Mr. Mohr:
On February 1, 2024, the New York District of the U.S. Army Corps of Engineers
(USACE) received a request for an Approved Jurisdictional Determination (AJD) of the
aquatic resources of an 8.9-acre site, located on Washington Street behind Mohr
Service Center in the City of Saratoga Springs, Saratoga County, New York (43.08118,
-73.80303). The property is currently owned by David Mohr, owner of Mohr Service
Center. Other aquatic resources, including wetlands, ditches, or ponds, that may occur
on this property or on adjacent properties outside the review area are not the subject of
this determination.
In the submittal received on February 1, 2024, your agent submitted a proposed
wetland delineation report of the extent of the proposed non -jurisdictional wetlands
within the project boundary. An updated wetland delineation report by LaBella
Associates, entitled “Existing Conditions Plan,” Drawing Number C100, prepared by
LaBella, dated April 25, 2024, and last revised July 24, 2024, was provided to the
USACE on July 24, 2024. The USACE concurs with the report provided by LaBella
Associates.
Based on the material submitted, the U.S. Army Corps of Engineers has
determined that Wetland No. 1, which is approximately 0.45 acres, and Wetland No. 2,
which is approximately 1.56 acres, are not waters of the U.S. and as such, work that
would occur within these areas does not require Department of the Army authorization
under Section 404 of the Clean Water Act. The enclosed Approved Jurisdictional
Determination Memorandum for Record provides the rationale for jurisdiction for all
aquatic resources within the review area.
This determination regarding the delineation shall be considered valid for a
period of five years from the date of this letter unless new information warrants revision
of the determination before the expiration date.
A copy of this letter will be posted on the New York District website at:
http://www.nan.usace.army.mil/Missions/Regulatory/JurisdictionalDeterminations.aspx
If you object to this determination, you may request an administrative appeal
under Corps regulations at 33 CFR Part 331.5. Enclosed is a combined Notification of
Appeal Process (NAP) and Request For Appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the North Atlantic Division
Office at the following address:
Andrew Dangler, Regulatory Appeals Review Officer
North Atlantic Division – Fort Hamilton
301 John Warren Avenue – First Floor
Brooklyn, New York 11252-6700
In order for an RFA to be accepted by the Corps, the Corps must determine that
it is complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that it
has been received by the Division Office within 60 days of the date of the NAP. Should
you decide to submit an RFA form, it must be received at the above address by
October 28, 2024. It is not necessary to submit an RFA form to the Division Office if
you do not object to the determination in this letter.
The delineation included herein has been conducted to identify the location and
extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic
resources for purposes of the Clean Water Act for the particular site identified in this
request. This delineation and/or jurisdictional determination may not be valid for the
Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you
or your tenant are USDA program participants, or anticipate participation in USDA
programs, you should discuss the applicability of a certified wetland determination with
the local USDA service center, prior to starting work.
It is strongly recommended that the development of the site be carried out in
such a manner as to avoid as much as possible the discharge of dredged or fill material
into delineated waters of the United States. If the activities proposed for the site invol ve
such discharges, authorization from this office may be necessary prior to the initiation of
the proposed work. The extent of such discharge of fill will determine the level of
authorization that would be required.
In order for us to better serve you, please complete our Customer Service Survey
located at:
http://www.nan.usace.army.mil/Missions/Regulatory/CustomerSurvey.aspx
If any questions should arise concerning this matter, please contact Christina M.
Campo, of this office, at christina.m.campo@usace.army.mil or (518) 266-6373.
Sincerely,
Adam C. Labatore
Regulatory Subject Matter Expert
Upstate New York Section
Enclosures
Cc: NYSDEC, Region 5
The City of Saratoga Springs
B. Beall – LaBella Associates