2005-06-10
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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
JUN 1 0 2005
TOWN CLERK
REPLY TO
ATTENTION OF:
Regulatory Branch
JUN 0 7 2005
SUBJECT: Permit Application Number 2003-01365-Y2
by Silverstein Realty, LLC and Pacific States Land
Corporation
The Chazen Companies
C/o Ms. Louise A. Wold, Ph.D.
Senior Environmental Scientist
21 Fox Street
Poughkeepsie, New York 12601-4702
RECEIVED
JUN 0 9 2005
TOWN CLERK
Dear Ms. Wold:
On November 20, 2003, the New York District of the U. S.
Army Corps of Engineers received a request for a Department of
the Army jurisdictional determination for the above referenced
project. This request was made by The Chazen Companies, as
consultant for Silverstein Realty, LLC and Pacific States Land
Corporation~ The site consists of approximately 186.8 acres,
within the Hudson River Basin, in the Town of Wappinger, Dutchess
County, New York.
In the letter received on November 20, 2003, 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 31, 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 February 8, 2005, this office received the
modified delineation.
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
hydrology according to criteria established in the 1987 "Corps of
Engineers Wetlands Delineation Manual," 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 United States Army
Corps of Engineers.
Based on the above, it has been determined that the drawing
entitled "Silverstein Realty, LLC & Pacific States Land
Corporation, Wetland Survey, Town of Wappinger, Dutchess County,
New York", Sheet SPl, prepared by The Chazen Companies, dated
September 30, 2003, and last revised February 3, 2005, appears to
be an accurate depiction of the extent of waters of the United
States on the subject property. This drawing indicates that
there are six (6) principal jurisdictional areas on the project
site. Area's one and two, designated as "Wetland AW", and
"Wetland C", consists of open water, palustrine forested, scrub
shrub, and emergent wetlands, as well as an unnamed tributary to
the Hudson River. Combined, these areas extend across the site
from the southern property boundary to the northern property
boundary and occupy approximately 21.3 acres and 12.66 acres
within the project site. The third area, designated as "Wetland
AC", consists of an unnamed tributary to the Hudson River and
includes palustrine forested wetlands. This area occupies
approximately 0.62 acres in the northeast portion of the site.
The fourth area, designated as "Wetland K" consists of a
palustrine forested wetland, occupying approximately 0.14 acres
in the central portion of the site. The fifth and sixth areas,
designated as "Wetlands G" and Wetland H", consist of palustrine
forested wetlands, occupying approximately 0.77 acres and 0.1
acres in the northwest portion of the site. This jurisdictional
areas drain to an unnamed tributary to the Hudson River.
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.
wetland areas designated as liB, E, and F", as shown on the above
referenced drawing 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. 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.
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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 James H. Cannon, of my staff, at (917) 790-8412.
Sincerely,
Section
Enclosures
cf: NYSDEC - Region 3
Town of Wappinger
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