NYS DEC Divison of Fish and Wildlife Letter New York State Department of Environmental Conservation
Division of Environmental Permits, Region 5 AM
232 Golf Course Road, Warrensburg, NY 12885
Phone: (518) 623-1240 • Fax: (518) 623-3603
Website: www.dec.ny.gov
Basil Seggos
LETTER OF NO JURISDICTION Commissioner
ENDANGERED SPECIES ACT
June 14, 2018
Mr. Michael J. O'Connor
Little & O'Connor Attorneys at Law
P.O. Box 898
Glens Falls, NY 12801
Re: 0 Luzerne Road
Parcel ID #: 308.12-2-77
Town of Queensbury, Warren County
Dear Mr. O'Connor:
The Department of Environmental Conservation (DEC) has determined that your
proposal to develop the above-described parcel in the Town of Queensbury is not likely to
result in the take of threatened or endangered species. This determination is based on the
information submitted by Little and O'Connor on June 12th, 2018 and reviewed by staff from
the Division of Fish, Wildlife, and Marine Resources. Though frosted elfins (Callophrys irus)
were known to occur near your project location, based on a site visit by this office the
subject parcel does not contain suitable habitat and the DEC does not anticipate your
proposed action to result in a take. In addition, there was little to no pitch pine — scrub oak
habitat found on site. Therefore, no permit is required at this time pursuant to the
implementing regulations (6NYCRR Part 182) of the New York State Endangered Species
Act (Article 11-0535).
Be advised that any changes in location, expansion of the footprint of the project,
modifications of the scope, or changes in the timing of proposed actions that are not
identified in the submission referenced above may trigger DEC authorization. Please
reinitiate contact with this office if such activities are contemplated.
Please note that this letter does not relieve you of the responsibility of obtaining any
necessary permits or approvals from other agencies or local municipalities.
Sincerely,
Jed Hayden
Wildlife Biologist