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HomeMy WebLinkAbout20230378 Washington St. and West Ave. Land Disturbance Public Comment (5) 1) Wetland Classification Challenge— Whereas the NYSDEC letter to La6ella Associates (3/13/24) states that the `current' wetlands are non- jurisdictional it does not address purported illegal actions to sever these non-jurisdictional wetlands from jurisdictional wetlands across West Ave. Inquiries to date have shown no NYSDEC permit allowing for this DOT severance of wetlands by removing the connection between the two wetland areas (under road culvert) The regulations as they apply to DOT: 1. Freshwater Wetlands: According to the Freshwater Wetlands Act (ECL Article 24), the NYSDEC regulates activities in freshwater wetlands, including those located outside the Adirondack Park. The Department of Transportation may need a permit from NYSDEC if they plan to conduct activities that alter or impact freshwater wetlands, such as excavation, filling, or construction. 2. Jurisdictional Determination: Prior to commencing work, the DOT would need to obtain a formal jurisdictional determination from NYSDEC to determine whether a parcel contains State-regulated freshwater or tidal wetlands. This determination would inform whether a permit is required. In summary, the Department of Transportation was required to obtain formal jurisdictional approval from NYSDEC to issue a permit to sever jurisdictional wetlands in New York State, depending on the specific location and nature of the project Without documentation from NYSDEC showing approval for the DOT action its maintained the action must be considered illegal. A request has been made for NYSDEC to evaluate and provide supporting documentation showing the act was legal, and if not, change the designation by reinstalling the culvert or by other administrative means. 2) Improper characterization of hazards and incorrect completion of`Short Environmental Assessment Form' A second challenge is the improper use of an Environmental Assessment `Short' Form instead of the full characterization report that is required for lands that have a history of uncontrolled and uncharacterized dumping of waste (documented by Mohrs archaeological study and evidence on numerous surrounding properties (reportedly buried car engines, doors, containers, asphalt, etc.). The owner stated that this action is for land sale for development. The short form submitted requires answers to questions that don't apply to the clearing of land but rather to the owner's documented intent of developing. Land disturbance, further land development, and documented solid, potentially hazardous waste trigger the need for full characterization. 3) Documentation of future purchaser obligation to mitigate significant trees A third challenge is adding the important requirement about a complete inventory of significant trees and some mechanism by which the planning board would put a requirement on a future owner to replace those significant trees to be cut as part of any approval for the current owner to clear the land.