2010-04-27
DEPARTMENTOFTHEARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K. JAVITS FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
APR 27 2010
REPLY TO
ATTENTION OF:
Western Permits Section
SUBJECT: Permit Application Number NAN-2010-00450-WRY
By NYCDEP (Delaware Aqueduct Shaft No. 6 Outfall)
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Mr. James G Mueller,
NYCDEP
59-17 Junction Blvd
Flushing, NY 11373
Dear Mr. Mueller:
APR 3 0 2010
TOWN OF WAPPINGER
TOWN CL~RK
In a letter dated April 11, 2008, the New York District of the
U.S. Army Corps of Engineers confirmed the applicability of
nationwide general permits to a project sponsored by the New York
City Department of Environmental Protection (NYCDEP) involving
activities associated with the rehabilitation of the Delaware
Aqueduct Shaft No. 6 Outfall located at the Hudson River Mile 68,
Town of Wappinger, Dutchess County, New York.
On March 10, 2010, the New York District Corps of Engineers
received a request for a time extension of a Department of the Army
authorization to dredge 186 cubic yards of sediment to create a 215
square-yard area in a triangle shape, 29 to 35-foot wide by 37-foot
long to a maximum depth of depth of 2-feet 5-inches to 6-feet 2-
inches below the plane of Mean Low Water (MLW), and install a rip-
rap apron. The site is located in the Hudson River at River Mile
68, Town of Wappinger, Dutchess County, New York.
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 permi t is not required. .It appears that the acti vi ties
within the jurisdiction of this office could be accomplished under
Department of the Army Nationwide General Permit Number(s) 3 and 7.
The nationwide permits are prescribed as a Reissuance of Nationwide
Permits in the Federal Register dated March 12, 2007 (72 FR 11092) .
The work may be performed without further authorization from this
office provided the activity complies with the permit conditions
listed in Section B, No(s). 3 & 7, Section C, any applicable New
York District regional conditions, the following special
condition(s), and any applicable regional conditions added by the
State of New York.
SDecial Conditions
(A) The permittee understands and agrees that, if future
operations by the united States require the removal, relocation, or
other alteration, of the structure or work herein authorized, or'
if, in the opinion of the Secretary of the Army or his authorized ~
representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of
Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the united States.
No claim shall be made against the United States on account of any
such removal or alteration.
(B) The permittee shall conduct dredging utilizing a land
based excavator.
(C) The permittee shall assure barge loads of dredged material
settle prior to the discharge of decant water. The discharge of
decant water shall be at the site of the herein authorized
dredging.
(D) The per.mittee shall ensure that no dredging shall be
undertaken between April 1 and August 31.
(E) The permittee shall ensure that dredging be undertaken
only at low tide.
This determination covers only the work described in the
submitted material. Any major changes in the project may require
additional authorizations from the New York District.
Care should be taken so that construction materials, including
debris, do not enter any waterway to become drift or pollution
hazards. You are to contact the appropriate state and local
government officials to ensure that the subject work is performed
in compliance with their requirements.
Please note that this nationwide permit (NWP) verification is
based on a preliminary jurisdictional determination (JD). A
preliminary JD is not appealable. If you wish, prior to
commencement of the authorized work you may request an approved JD,
which may be appealed, by contacting the New York District, u.s.
Army Corps of Engineers for further instruction. To assist you in
this decision and address any questions you may have on the
differences between preliminary and approved jurisdictional
determinations, please review u.s. Army Corps of Engineers
Regulatory Guidance Letter No. 08-02, which can be found at:
http://www.usace.army.mil/CECw/Documents/cecwo/reg/rgls/rgl08-02.pdf
This verification is valid for a period of two years from the
date of this letter, unless the nationwide permit is modified,
reissued, or revoked. This verification will remain valid for two
years from the date of this letter 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. All of the existing NWPs are scheduled to
be modified, reissued, or revoked March 18, 2012. It is incumbent
~pon you to remain informed of changes to the NWPs. We will issue
a public notice when the NWPs are reissued.
within 30 days of the completion of the activity authorized by
this permit and any mitigation required by this permit, you are to
sign and submit the attached compliance certification form to this
office.
If any questions should arise concerning this matter, please
'contact Stephan Ryba, of my staff, at (917) 790-8512.
Sincerely,
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Christop r S. Mallery phD
Chief estern Permits Section
Enclosures
cf: NYSDEC - Region 3
Town of wappinger