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Page 1 of 4 1.11 NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC’s amended Article 24, Freshwater Wetlands Jurisdiction and Classification regulations (6 NYCRR Part 664) went into effect on January 1, 2025. 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. 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. Please use the attached link to request a Parcel JD for the project site: https://dec.ny.gov/nature/waterbodies/wetlands/freshwater-wetlands-program/freshwater- wetland-jurisdictional-determination. If you have any problems submitting the Parcel JD request, please email: [email protected]. Please note, there is an option for people who have hired consultants, and for other environmental professionals with wetland expertise, to bypass the Albany Parcel Jurisdictional Determination (JD) and follow the Parcel JD-Consultant Option. Guidance on that process is online (via the above referenced link). Please note that Region 9 has some information that is required in addition to the statewide requirements for the Consultant Option (attached). The project sponsor should utilize the attached Region 9 List of Requirements for their submission. The project sponsor must submit these requirements to the Region 9 Bureau of Ecosystem Health email address ([email protected]) with a request to utilize the Consultant Option, and a request to schedule a boundary verification. Please be aware that this option is only to be used to positively confirm wetland presence on the property. A delineation showing no wetlands would not be acceptable and would require the standard Jurisdictional Determination Request Form NYS Freshwater Wetlands Jurisdictional Determination Request Form. 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 Region 9 Bureau of Ecosystem Health (BEH) at [email protected]. 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. Response: We acknowledge the DEC’s comments regarding Article 24 Freshwater Wetlands regulations. We will comply with the applicable requirements and submit the necessary requests, determinations, and documentation as needed to confirm wetland jurisdiction and permitting requirements for the project site.