DEC letter
January 12, 2022
Nicholas Giumarra
38 Western Reserve Trail
Queensbury, NY 12804
Sent via email only: ngiumarra@yahoo.com
Re: DEC Application # 5-5234-00710/00001 (EF, SD, WQC)
373 Big Boom Road (tax parcel #316.14-1-11)
Queensbury (T), Warren County
Dear Nicholas Giumarra:
The New York State Department of Environmental Conservation (“D EC”) received the
application that you submitted for a project at your 373 Big Boom Road property in the
town of Queensbury, Warren County. The proposal involves the construction of a
pathway with impacts to waters of the United States regulated by the United States
Army Corps of Engineers (USACE), and the cutting of trees near the shoreline of the
Hudson River.
After reviewing the Joint Application Form you submitted, revised and dated October 1,
2021, and the project plans including the wetland pathway plans dated May 3, 2021,
and “Proposed Tree Removal by Location” dated November 3, 2021, we have
determined that your project does not require a permit from DEC for Article 15
Protection of Waters permitting. There is no proposed excavation or fill in the navigable
water of the Hudson River, or disturbance to the bed or bank of the river that req uires a
permit. If project plans change you will need to contact this office with the revised plans
as a permit may be needed.
Because you are planning on cutting down trees along the bank of the river, we
recommend that you plant any disturbed soils with an erosion control seed mixture and
mulch with straw after the clearing is completed. We also recommend that you leave as
many trees as possible, to help protect the stability of the shoreline and the water
quality of river.
DEC staff also reviewed the Section 401 Water Quality Certification (WQC) request
submitted as part of this permit application. Based on the information provided, the
project may be authorized under USACE Section 404 of the Clean Water Act (CWA)
pursuant to Nationwide Permit (NWP) #3 – Maintenance and meets the conditions of
the DEC Blanket WQC. No further authorization under Section 401 of the CWA is
Giumarra
Page 2
January 12, 2022
required from DEC, provided that the USACE concurs with your request for Section 404
Nationwide Permit coverage.
This determination does not eliminate the need to obtain approvals that may be required
from other local, state, or federal agencies.
Sincerely,
Ben Shubert
Environmental Analyst
Ec: Lt. Robert Higgins, NYS DEC ECO
Beth Magee, DEC
Jim Pinheiro, DEC
Joe Podhirny, USACE