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Home My WebLink About20250989 Rt 9 / South Broadway Special Use Permit DEC SEQR lead agency Coordinated Response 1/21/2026 Division of Environmental Permits, Region 5 232 Golf Course Road Warrensburg, NY 12885 | www.dec.ny.gov | P: (518) 623-1200 | F: (518) 623-3603 KATHY HOCHUL Governor AMANDA LEFTON Commissioner Sent Via Email Only January 13, 2026 Susan Barden, AICP Administrator of Planning Dept. City of Saratoga Springs 474 Broadway, 3rd Fl. - Suite 32 Saratoga Springs, NY 12866 Susan.barden@saratoga-springs.org RE: SEQR LEAD AGENCY COORDINATION RESPONSE NYS Route 9/South Broadway Mixed Use Development Saratoga Springs (C), Saratoga County Dear Susan Barden: Thank you for your December 17, 2025, lead agency communication for the above project, pursuant to the State Environmental Quality Review Act (SEQR). DEC Position: Based on the information provided, DEC agrees with the City of Saratoga Springs Planning Board serving as SEQR lead agency for this project. Please be advised of the following permitting requirements associated with this project. Freshwater Wetland Jurisdictional Determination Portions of New York State regulated freshwater wetlands and their adjacent areas may be located in the project area. Although some limited activities are exempt from permitting, most activities that involve disturbance within a wetland or its 100-foot adjacent area require an Environmental Conservation Law (ECL) Article 24, Freshwater Wetlands permit from the DEC. Information on regulated activities within freshwater wetlands and adjacent areas is available on DEC’s website (see Regulated Activities), which contains examples of regulated activities and those exempt from wetland permits. DEC’s amended Article 24, Freshwater Wetlands Jurisdiction and Classification regulations (6 NYCRR Part 664) went into effect on January 1, 2025. To determine whether the property contains regulated freshwater wetlands the project sponsor must submit a request for a Parcel Jurisdictional Determination (Parcel JD). A Parcel JD is a determination made by DEC whether a property contains regulated freshwater wetlands or adjacent areas within the parcel boundary. If the property contains regulated freshwater wetlands or adjacent areas, further delineation of the wetland boundaries and a Project Jurisdictional Determination (Project JD) may be required. A Project JD is a determination made by the regional DEC office about whether a proposed activity within a parcel containing regulated freshwater wetlands or adjacent areas requires an Article 24 Freshwater Wetlands permit. Project JD requests should be sent to the regional Bureau of Ecosystem Health (BEH) in the region where the project is located. Regional BEH Susan Barden Re: SEQR Lead Agency Coordination Response January 13, 2026 Page 2 email addresses and a link to a map of regional offices are also provided on the DEC website using the jurisdictional determination link provided above. If regulated freshwater wetlands or adjacent areas are present, all efforts must be made to first avoid disturbing the wetland and adjacent area. If disturbance to the wetland and/or adjacent area cannot be avoided, the project sponsor must submit a Freshwater Wetland permit application and obtain a permit to conduct a regulated activity. In accordance with DEC’s Freshwater Wetlands Permit Requirements Regulations (6 NYCRR Part 663), the applicant would need to justify the disturbance, discuss alternatives and minimize impacts as part of the Freshwater Wetlands permit application. More information on application procedures and permit issuance standards is available on DEC’s website at: https://dec.ny.gov/regulatory/permits-licenses/waterways-coastlines-wetlands/freshwater- wetlands#Determine. **A validation site visit to confirm the boundaries of the wetland occurred on 08-12- 2024, with the new regulations a new validation letter was issued on 01-02-2025 to Rob Fraser of the LA Group. Construction Stormwater Management Disturbance of more than one acre of total land will require a SPDES General Permit for Storm Water Discharges from Construction Activities. This general permit requires development of a Storm Water Pollution Prevention Plan and submission of a Notice of Intent to DEC. The General Permit and related information are available on the DEC website: https://dec.ny.gov/environmental-protection/water/water-uality/stormwater/construction-activity- permit. Please contact Michelle Lafay with our Division of Water at (518) 623-1227 or at Michelle.Lafay@dec.ny.gov if you have questions regarding the stormwater requirements. Archeological Sites of Sensitivity GIS review indicates that a portion of the project site is located within an archeologically sensitive area. It is suggested that recommendations be sought from NYS OPRHP regarding the potential impacts on historic and archeological resources from the development of this area. Additional information can be found on NYS OPRHP’s website at https://parks.ny.gov/shpo/online-tools/ or by calling (518) 237-8643. Potential impacts to these resources must be considered in the State Environmental Quality Review (SEQR) documentation. For example, previous disturbance should be described to indicate whether future project components will have potential to further affect archeological resources. Stream Disturbance A class C(TS) stream runs through a portion of the subject property. Any disturbance to the bed or banks of this stream will require an Article 15 – Protections of Waters permit. Endangered and Threatened Species Potential endangered and/or threated species have been identified in the project area and a habitat suitability survey may be required. Please contact Jed Hayden at (518) 623-1241 or Jed.Hayden@dec.ny.gov regarding this requirement. Susan Barden Re: SEQR Lead Agency Coordination Response January 13, 2026 Page 3 Thank you for the opportunity to review the proposed project. Please continue to coordinate with our office as the SEQR review commences and feel free to contact me at (518) 623-1281 or garrett.dague@dec.ny.gov with any questions. Sincerely, Garrett P. Dague Environmental Analyst 1