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HomeMy WebLinkAbout20260090 Lexington Rd & Bemis Heights Rd Watercourse/Wetlands Permit NarrativePROJECT NARRATIVE WATERCOURSE/WETLAND PERMIT APPLICATION BEMIS POINT SUBDIVISION In addition to approval of a modified (consolidated) subdivision, AAADMC Ventures, LLC (the “Applicant”) also requires and is seeking a watercourse/wetland permit from the Planning Board. Provided herewith for consideration are (i) a Wetland Delineation Map covering the entirety of the project site, (ii) a Wetland Disturbance Map and (iii) a Water Course Permit map which shows (by shading) a 50-foot buffer from the federal wetlands that will remain on the project site within the Applicant’s proposed limits of disturbance. It should be noted that federal wetlands under the jurisdiction of the United States Army Corps of Engineers (“USACOE”) do not have a regulated buffer area or adjacent area. The 50-foot buffer is solely a function of the City’s Unified Development Ordinance and is thus shown on the aforementioned map. By way of previous correspondence to the Planning Board’s counsel, NYSDEC’s Region 5 counsel confirmed that DEC’s new freshwater wetland regulations (effective January 1, 2025) do not apply to this project at present, such that there are no DEC regulated wetlands currently on site. There are a total of 12.14± acres of federally regulated wetlands on the subject property, 11.7± acres of which will remain undisturbed as a result of the proposed project. There are eight areas of wetland impacts totaling 0.44± acres, as shown on the Wetland Disturbance Map. There are proposed permanent perennial stream impacts of 69± linear feet and a proposed temporary perennial stream impact of 18± linear feet. With reference to the Wetland Disturbance Map, wetland impact areas 1, 2, 3, 4 and 5 (a total of 0.39± acres) and 47± linear feet of stream impact are all necessary for the grading and construction of the proposed roadway. Wetland impact areas 6, 7 and 8 (a total of 0.05± acres) are necessary for the grading and construction of the proposed homes on Lots 13, 10 and 8 respectively. To minimize impacts, grading has been designed as steep as possible and silt fencing will be installed prior to site construction. The proposed roadway has been designed to be 28 feet wide, as narrow as allowed by the City for purposes of emergency access. To further minimize impacts and tree clearing, the proposed lots have been designed to have minimal lawn area. To mitigate wetland and perennial stream impacts, the proposed design calls for the installation of a culvert to allow for continued hydrologic connectivity. The stream that the Applicant is proposing to cross is 3 feet wide at bank full width. Therefore a 64 foot long 36 inch HDPE pipe will be installed. Installation of the culvert will be done at a time of low flow. A temporary cofferdam will be installed upstream of the culvert installation area, and water will be pumped downstream of the installation area. Straw bales and silt fence will be used to prevent sedimentation. The culvert will be installed completely at one time to minimize the duration of dewatering. A portion of the wetlands that the Applicant is proposing to fill to facilitate construction of the new road which comprises .28± acres was initially considered non-jurisdictional by USACOE (meaning that it wasn’t a wetland at all for purposes of USACOE or by consequence the City’s Water Protection Overlay District), but in 2022, due to a change in the federal rules, the wetland became jurisdictional. Although it may be the case that this wetland will again be considered non- jurisdictional by USACOE prior to final approval of the project due to another recent federal rule change, all wetlands are being considered jurisdictional to USACOE for purposes of this application.1 Based upon all of the communications between the Applicant’s representatives and USACOE, it is the Applicant’s understanding that USACOE will be in a position to approve the Applicant’s project upon final subdivision approval and the issuance of a watercourse/wetland permit by the Planning Board. As mitigation required by USACOE, the Applicant will be purchasing in lieu fee credits which will result in the creation of new wetlands within the watershed at an anticipated ratio of 3 to 1 when compared to the wetlands to be disturbed as a part of this project. From a mitigation standpoint, perhaps most important is that the Applicant will forever restrict and place into conservation 17.18± acres of the 21.78± acre project site which will prohibit development, clearing or other disturbance in perpetuity. Of the 17.18± acres to be held in conservation, 11.7± acres are federal wetlands. USACOE and the City of Saratoga Springs will have the right to enforce the restrictions designed for conservation purposes. A draft Declaration of Restrictive Covenants, which provides for the conservation style restrictions discussed herein, is provided with this application. It should be noted that USACOE has its own form of restrictive covenants that it typically requires. A copy of the USACOE’s form Declaration of Restrictive Covenants is being submitted along with a “redline” showing the Applicant’s proposed changes thereto, to provide for enforcement thereof by the City (in addition to USACOE) and to address specific concerns of the Planning Board relating to beaver dams and the use of pesticides/herbicides. Once finalized and following final approval, the Declaration of Restrictive Covenants will be recorded in the Saratoga County Clerk’s Office and will be binding upon all future owners within the subdivision who will receive notice thereof by way of mandatory language that will be included in each deed of conveyance. Furthermore, the Applicant is required to mark the limits of the property covered by the restrictive covenants in a manner acceptable to USACOE. 1 The rule changes relate to whether isolated wetlands are considered wetlands and how isolated wetlands are defined under federal regulations.