2006-04-18
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DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K. JAVITS FEDERAL BUILDING
NEW YORK, N.Y. 10278.Q090
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REPLY TO
ATTENTION OF:
Regulatory Branch
APR 1 8 2006
SUBJECT: Permit Application Number 2004-01253-YS
by Harvey and Wendy Tolin
Steve Marino
Tim Miller Associates, Inc.
10 North Street
Cold Spring, New York 10516
RECEIVED
APR 2 1 2006
TOWN CLERK
Dear Mr. Marino:
On August 17, 2004, the New York District Corps of Engineers
received a request for a Department of the Army jurisdictional
determination for the above referenced project. This request was
made by Tim Miller Associates, Inc., as consultant for Harvey and
Wendy Tolin. The site consists of approximately 5.08 acres, in
the Hudson River watershed, located on Losee Road in the Town of
Wappinger, Dutchess County, New York. The proposed project would
involve the construction of a residential subdivision.
In the letter received on August 17, 2004, your office
submitted a proposed delineation of the extent of waters of the
United States within the subject property. A site inspection was
conducted by a representative of this office on November 23,
2004, in which it was agreed that changes would be made to the
delineation and that the modified delineation would be submitted
to this office. On March 7, 2006, this office received the
modified delineation.
Based on the material submitted and the observations of the
representative of this office during the site visit, this site
has been determined to contain jurisdictional waters of the
United States based on: the presence of wetlands determined by
the occurrence of hydrophytic vegetation, hydric soils and
wetland hydrology according to criteria established in the 1987
"Corps of Engineers Wetlands Delineation Manual," Technical
Report Y-87-1 that are either adjacent to or part of a tributary
systemj and the presence of a defined water body (e.g. stream
channel, lake, pond, river, etc.) which is part of a tributary
system.
These jurisdictional waters of the United States are shown
on the drawing entitled "Map Showing Flagged Wetlands on the
Lands of Harvey & Wendy Tolin Located on Losee Road Town of
Wappinger Dutchess County, New York", prepared by Eric W. Gardell
P.E. L.S., dated July 21, 2005, and last revised March 3, 2006.
This drawing indicates that there are two (2) principal wetland
areas on the project site which are part of a tributary system,
and are considered to be waters of the United States.
The first wetland (Wetland A) is located on the eastern
portion of the property and is approximately 0.32 acres within
the subject property. The second wetland (Wetland C) is located
in the eastern-most corner of the property, approximately 150
feet east of the first wetland, and is approximately 0.10 acres
within the subject property. These wetlands are considered to be
above the headwaters.
It should be noted that, in light of the recent u.s. Supreme
Court decision (Solid Waste Agency of Northern Cook County v.
u.S. Army Corps of Engineers, No. 99-1178, January 9, 2001), the
remainder of the wetlands shown on the above referenced drawing
(Wetland B) do not meet the current criteria of waters of the
United States under Section 404 of the Clean Water Act. The
Court ruled that isolated, intrastate waters can no longer be
considered waters of the United States, based solely upon their
use by migratory birds.
This determination regarding the delineation shall be
considered valid for a period of five years from the date of this
letter unless new information warrants revision of the
determination before the expiration date.
This letter contains an approved jurisdictional
determination for your subject site. If you object to this
determination, you may request an administrative appeal under
Corps regulations at 33 CFR Part 331. Enclosed is a combined
Notification of Appeal Process (NAP) and Request For Appeal (RFA)
form. If you request to appeal this determination you must
submit a completed RFA form to the North Atlantic Division Office
at the following address:
James W. Haggerty, Regulatory Appeals Review Officer
North Atlantic Division, u.s. Army Engineer Division
Fort Hamilton Military Community
General Lee Avenue, Building 301
Brooklyn, New York 11252-6700
In order for an RFA to be accepted by the Corps, the Corps
must determine that it is complete, that it meets the criteria
for appeal under 33 CFR Park 331.5, and that it has been received
by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an BfA form, it must be received at
the above address by JUN19~ It is not necessary to
submit an RFA form to the Division Office if you do not object to
the determination in this letter.
This delineation/determination has been conducted to
identify the limits of the Corps Clean Water Act jurisdiction for
the particular site identified in this request. This
delineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985, as
amended. If ,you or your tenant are USDA program participants, or
anticipate participation in USDA programs, you should request a
certified wetland determination from the local office of the
Natural Resources Conservation Service prior to starting work.
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It is strongly recommended that the development of the site
be carried out in such a manner as to avoid as much as possible
the discharge of dredged or fill material into the delineated
waters of the United States. If the activities proposed for the
site involve such discharges, authorization from this office may
be necessary prior to the initiation of the proposed work. The
extent of such discharge of fill will determine the level of
authorization that would be required.
If any questions should arise concerning this matter, please
contact Brian A. Orzel, of my staff, at (917) 790-8413.
Sincerely,
~
Enclosures
cf: NYSDEC - Region 3
Town of Wappinger
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