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Home My WebLink About20260091 Lexington Rd & Bemis Heights Rd Subdivision Modification ACOE PermitDEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS UPSTATE REGULATORY FIELD OFFICE 1 BUFFINGTON ST., BUILDING 10, 3RD FL. NORTH WATERVLIET, NEW YORK 12189-4000 PLEASE USE THE ABOVE 18-CHARACTER FILE NUMBER ON ALL CORRESPONDENCE WITH THIS OFFICE Upstate New York Branch April 13, 2026 SUBJECT: Permit Application No. NAN-2022-00960-UCA by Curto, Arthur City of Saratoga Springs, Saratoga County, New York Arthur Curto 1 Nadeau Road Clifton Park, New York 12065 Dear Mr. Curto: This office has reviewed your Joint Application Form dated January 13, 2023, and the additional information provided on March 10, 2023, March 15, 2024, January 12, 2026, January 20, 2026, March 12, 2026, and April 10, 2026, including the drawing entitled “Proposed Wetland Disturbance Map, Lands of Curto Lexington Road,” prepared by Gilbert VanGuilder Land Surveyor, PLLC, dated December 21, 2022 and last revised April 10, 2026. The site is located off Lexington Road in the City of Saratoga Springs, Saratoga County, New York. The application describes a proposal that would consist of the construction of a multi-family residential development with attendant features. The above submittals and drawing indicate that the total permanent impacts to waters of the United States will include the discharge of fill material into a maximum of approximately 0.44 acres of palustrine forested wetlands and 87 linear feet of perennial stream channel to complete roadway construction, lot construction, utility access, and the installation of a 47-foot-long by 36-inch-diameter HDPE culvert embedded at least 20% of its rise into the streambed. To mitigate for the impacts to waters of the United States associated with the project, the applicant proposes to purchase 1.5 wetland mitigation credits from the Hudson-Hoosic service area (HUC 02020003) of the Ducks Unlimited New York In-Lieu Fee Mitigation Program. Based on the information submitted to this office, and accomplishment of notification in accordance with the applicable federal requirements, our review of the project indicates that an individual permit is not required. It appears that the activities within the jurisdiction of this office could be accomplished under Department of the Army Nationwide General Permit Number 29. The nationwide permits are prescribed as a Reissuance of Nationwide Permits in the Federal Register dated January 8, 2026 (91 FR 768). The work may be performed without further authorization from this office provided the activity complies with the permit conditions listed in Section B, No. 29, Section C, any applicable New York District regional conditions, the special conditions below, any applicable regional conditions added by the State of New York, and in accordance with the Section 401 Water Quality Certificate No. 5-4115-00263/00001. -2- The 2026 Nationwide Permits, including their final regional conditions, water quality certifications, and coastal zone concurrence statements are available at: http://www.nan.usace.army.mil/Missions/Regulatory/Nationwide-Permits/ Please review and familiarize yourself with all relevant terms and conditions of the nationwide permit prior to proceeding with your project, and subsequently ensure you adhere to all conditions through the duration of the project. If you do not have internet access and require a specific paper copy, please contact the undersigned to request one be mailed to you. Please be sure to have your permit application number readily available when you call. Special Conditions (A) The permittee shall carry out the development of the site, including the the discharge of fill material into a maximum of 0.44 acres of palustrine forested wetlands and 87 linear feet of perennial stream channel, in accordance with the drawing entitled “Proposed Wetland Disturbance Map, Lands of Curto Lexington Road,” prepared by Gilbert VanGuilder Land Surveyor, PLLC, dated December 21, 2022 and last revised April 10, 2026. (B) As compensatory mitigation for the permanent and unavoidable loss of 0.44 acres of wetlands, the permittee shall purchase 1.5 wetland credits from the Ducks Unlimited New York In-Lieu Fee Mitigation Program, Hudson-Hoosic Service Area - HUC (02020003). Prior to commencing the work authorized by this permit, the Permittee shall supply this office with a copy of the signed Credit Sale Letter verifying acceptance of full payment by Ducks Unlimited New York In-Lieu Fee Mitigation Program for the appropriate credits. The documentation must be sent to the attention of Dustin Dorr at this office. (C) The permittee shall undertake the authorized filling activities in a manner aimed at reducing impacts upon the general environment. In addition, the permittee shall not stockpile fill or other materials in a manner conducive to erosion, or in areas likely to cause high turbidity runoff during storm events. All exposed soils shall be re-vegetated in a timely manner to further reduce potential effects. The permittee shall also fence off all wetlands and other sensitive ecological areas during construction periods to prevent equipment and personnel from entering these areas. (D) The permittee shall ensure that all synthetic erosion control features (e.g., silt fencing, netting, mats), which are intended for temporary use during construction, are completely removed and properly disposed of after their initial purpose has been served. Only natural fiber materials, which will degrade after time, may be used as permanent measures, or if used temporarily, may be abandoned in place. -3- This verification is valid until March 15, 2031, unless the nationwide permit is modified, reissued, or revoked. This verification will remain valid until March 15, 2031, if the activity complies with the terms of any subsequent modifications of the nationwide permit authorization. If the nationwide permits are suspended, revoked, or modified in such a way that the activity would no longer comply with the terms and conditions of a nationwide permit, and the proposed activity has commenced, or is under contract to commence, the permittee shall have 12 months from the date of such action to complete the activity. Please note that this determination does not eliminate the need to obtain any other Federal, State, or local authorizations required by law for the above described work, including any required permit from the NYSDEC. 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 Any inquiries can be directed to the undersigned at (518) 266-6353. Sincerely, Adam C. Labatore Regulatory Subject Matter Expert Upstate New York Branch Enclosure Cc: B. Magee – NYSDEC Region 5, Schenectady (DEC # 5-4115-00263/0001) City of Saratoga Springs K. Weed – Gilbert VanGuilder Land Surveyor PLLC DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS UPSTATE REGULATORY FIELD OFFICE 1 BUFFINGTON ST., BUILDING 10, 3RD FL. NORTH WATERVLIET, NEW YORK 12189-4000 CENAN-RG-U NATIONWIDE PERMIT COMPLIANCE CERTIFICATION AND REPORT FORM Permittee: Curto, Arthur Permit No. NAN-2022-00960-UCA Date Permit Verification Issued: April 13, 2026 Location: City of Saratoga Springs, Saratoga County, New York Within 30 days of the completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the address at the bottom of this form. Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit, you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit, and required mitigation was completed in accordance with the permit conditions. Date Work Started: ____________________ Date Work Completed: ____________________ ________________________________________ _____________________ Signature of Permittee Date Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or EMAIL TO: cenan.rfo@usace.army.mil ______________________ Place Stamp ___________________ Here ___________________ DEPARTMENT OF THE ARMY U.S. Army Corps of Engineers ATTN: CENAN-OP-RU Upstate Regulatory Field Office 1 Buffington St., Bldg. 10, 3rd Fl. North Watervliet, New York 12189-4000