2006-04-19
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DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K. JAVITS FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
RECEIVED
JAN 2 7 2006
REPLY TO
ATTENTION OF:
JAN 1 9 2006
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SUBJECT: Permit Application Number 2005-00968-Y1
by DCH Auto Group(r'J:.-YIIJ;,!{
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Regulatory Branch
Mr. Michael Nowicki
Ecological Solutions, LLC
1248 southford Road
southbury, Connecticut 06488-4413
Dear Mr. Nowicki:
On May 24, 2005, the New York District Corps of Engineers
re~eived a request for Department of the Army authorization for a
Department of the Army jurisdictional determination and
authorization for the discharge of fill material into waters of
the United States to facilitate the construction and installation
of an automotive service center, with an associated parking area
and stormwater management basin. This request was made by
Ecological Solutions, LLC, as consultant for the DCB Auto Group.
The site, designated as tax lot 19-6157-02-553706, occupies
approximately 4.0 acres within the Hudson River Basin, in the
Town of Wappinger, Dutchess County, New York.
In the letter received on May 24, 2005, your office
submitted a proposed delineation of the extent of waters of the
United States within the project boundary. A site inspection was
conducted by representatives of this office on August 9, 2005.
Based on the material submitted and the observations of the
representatives 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
hydrolog9' according to criteria established in the 1987 IICorps of
Engineers Wetlands Delineation Manual, II Technical Report Y-87-1,
and the presence of a defined water body which is part of a
tributary system under the jurisdiction of the U.S. Army Corps of
Engineers.
Based on the above, it has been determined'that the drawing
entitled IIDCH Auto Group Service Center, Old Route 9, Town of
Wappinger, Dutchess County, New York, Federal Wetland Survey
Mapll, Sheet 1, prepared by Lawrence J. paggi, PE, PC, dated March
21, 2005, and last revised May 6, 2005, appears to be an accurate
depiction of the extent of waters of the United States on the
subject site. This drawing indicates that there is one (1)
principal wetland area on the project site. This area, indicated
as "Wetland A", and depicted by flags Al through A35, consists of
an unnamed tributary to Wappinger Creek with associated
palustrine forested wetlands. This area occupies approximately
0.73 within the site boundary. This unnamed tributary and
associated wetlands drain to Wappinger Creek, a tributary to the
Hudson River.
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 o~ the
determination before the expiration date. Enclosed is a
Notification of Administrative Appeal Options which provides
information on your acceptance of this approved jurisdictional
determination.
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.
A subsequent submittal entitled "Federal Wetland Disturbance
and Establishment plan for DCH Auto Group Service Center, Old
Route 9, Town of Wappinger, Dutchess County, New York, Site
Plan", Grading and Erosion Control Plan, and Details", Sheets 1
through 3, prepared by Lawrence J. paggi, PE, PC, dated March 21,
2005, and last revised May 6, 2005, indicates that fill material
would be discharged into approximately 0.49 acres of waters of
the United States to facilitate the construction and installation
of an approximately 37,790 square foot building with associated
paved parking and stormwater management basin. The remainder of
the project would be completed in uplands as indicated in the
referenced drawing. All temporarily disturbed wetlands and
waters of the United States will be restored to pre-existing
elevations and re-seeded with native vegetation where
appropriate.
To compensate for the 0.49 acres of wetland impacts
associated with the project, the applicant shall establish
approximately 0.7 acres of wetlands in the northwest portion of
the site as depicted on the drawing entitled "Federal Wetland
Disturbance and Establishment Plan for DCH Auto Group Service
Center, Old Route 9, Town of Wappinger, Dutchess County, New
York, Details", Sheet 3, prepared by Lawrence J. paggi, PE, PC,
dated March 21, 2005, and last revised May 6, 2005.
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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 permit is not required. It appears that the
activities within the jurisdiction of this office could be
accomplished under Department of the Army Nationwide General
Permit Number 39. The nationwide permits are prescribed as an
Issuance of Nationwide Permits in the Federal Register dated
January 15, 2002 (67 FR 2020). The work may be performed without
further authorization from this office provided the activity
complies with the permit conditions listed in Section B, No. 39,
Section C, any applicable New York District regional conditions,
the following special conditions, and any applicable regional
conditions added by the State of New York, copies enclosed.
Special Conditions
(A) The per.mittee shall provide to this office annual
reports on the status of the mitigation activities, prepared
during the growing season, no later than October 31 in each of
the following five (5) years after initiation of the activities
authorized by this letter. These reports shall include the.
following at a minimum:
i. All plant species, along with their estimated
relative frequency and percent cover, shall be identified by
using plots measuring 10 feet by 10 feet with at least one
representative plot located in each of the habitat types within
the mitigation site. The location of each plot shall be
identified on the plan view engineering drawing.
ii. Vegetation cover maps, at a scale of one inch equals 100
feet, or larger scale, shall be prepared for each growing season.
iii. Photographs showing all representative areas of the
mitigation site/s shall be taken at least once each year during
the period between 1 June and 15 August.
iv. Surface water and groundwater elevations in
representative areas of the mitigation site/s shall be recorded
twice a month during April through September of each year. The
location of the monitoring well or gauge shall be shown on the
plan view engineering drawing.
(B) All grading and planting in conjunction with the
wetlands mitigation work shall be completed prior to the
completion of the discharge of fill authorized herein.
(C) The per.mittee shall ensure that all plantings in
conjunction with the mitigation effort shall have an eighty-five
(85) percent survival and coverage rate which must be met or
exceeded at the end of the second growing season following the
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initial planting/seeding of each phase. If the eighty-five (85)
percent survival rate is not met at the end of the second growing
season following each phase, the permittee shall take all
necessary measures to ensure the level of survival by the end of
the next growing season, including re-planting and re-grading if
necessary. The permittee shall also ensure that the vegetation
in the established wetland does not consist of more than a
combined total of 10% areal coverage of common reed (pbraamites
australis), purple loosestrife (Lytbrum salicaria), reed canary
grass (Pbalaris arundinacea), or Japanese knotweed (polyqonum
cuspidatum) at the mitigation site. In addition, in areas where
no individual plantings are proposed, if appropriate and
sufficient vegetation is not pr.esent by the end of the second
growing season, the permittee shall take all necessary steps,
including individual plantings in order to achieve a plant
density comparable to adjacent wetlands.
(D) The permittee shall ensure that no mowing of the
mitigation area shall occur.
(E) To ensure minimal impacts to the Federally-listed
endangered Indiana bat and its critical habitat, all tree removal
activities shall be performed between October 1 and March 30 of
any calendar year.
(F) The permittee shall undertake the authorized filling
activities in a manner aimed at reducing impacts upon the general
environment. In addition, the permittee shall not stockpile fill
or other materials in a manner conducive to erosion, or in areas
likely to cause high turbidity runoff during storm events. All
exposed soils shall be re-vegetated in a timely manner to further
reduce potential effects. The permittee shall temporarily fence
off all wetlands and other sensitive ecological areas during
construction periods to prevent equipment and personnel from
entering these areas.
(G) The permittee shall secure a conservation easement or
deed restriction on the wetland mitigation site to guarantee its
preservation for wetland and wildlife resources. Copies of the
instrument(s) effecting such easement shall be submitted to the
New York District Corps of Engineers for approval prior to
execution, and the instrument(s) shall be executed and recorded
with the Dutchess County Registrar of Deeds within one year
following the initial p1antings/seedings of the mitigation site.
(H) The permittee shall assume all liability for
accomplishing the corrective work should the New York District
determine that the compensatory mitigation has not been fully
satisfactory. If the New York District does not find the
mitigation satisfactory, an extension of monitoring time may be
required to cover any necessary remedial work.
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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.
This verification is valid for a period of two years from
the date of this letter, unless the nationwide permit is
modified, suspended 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.
This authorization is conditional on the applicant's receipt
of the required water quality certificate or waiver from the New
York State Department of Environmental Conservation (NYSDEC). No
work may be accomplished until the required approval from NYSDEC
has been obtained.
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 James H. Cannon, of my staff, at (917) 790-8412.
Sincerely,
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Permits Section
Enclosures
cf: NYSDEC - Region 3
Town of Wappinger
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