2005-05-09
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K. JAVITS FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
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Regulatory Branch
MAY 09 2005
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REPLY TO
ATTENTION OF:
SUBJECT: Permit Application Number 2003-00246-YS
by Mitch Nesheiwat
The Chazen Companies
c/o Ms. Louise A. Wold, Ph.D.
Senior Environmental Scientist
21 Fox Street
Poughkeepsie, New York 12601-4702
Dear Ms. Wold:
On September 26, 2002, 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 Mitch Nesheiwat. The site consists of
approximately 6.22 acres, in the Hudson River Basin, in the Town
of Wappinger, Dutchess County, New York.
In the letter received on September 26, 2002, 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 May 14, 2003, 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 April 11, 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
that are 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 "Maloney Road Church, Existing Conditions Plan, Town of
Wappinger, Dutchess County, New York", Sheet No. SP1, prepared by
Chazen Engineering and Land Surveying Company, P.C., dated July
15, 2002, and last revised June 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 are two
(2) jurisdictional areas on the project site. The first area,
designated by flags BB1, and B1 through B5 and depicted as
Drainage Ditch B, occupies approximately 0.06 acres in the
northwestern portion of the site. The second area, designated by
flags A1 through A8 and depicted as Wetlands A, consists of an
emergent wetland occupying approximately 0.15 acres in the west
central portion of the site. These jurisdictional areas drain to
Wappinger Creek, a 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
remainder of the wetlands shown on the above referenced drawing
and depicted as "Wetland C" and depicted by flags C1 through C26
does 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.
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.
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If any questions should arise concerning this matter, please
contact James H. Cannon, of my staff, at (212) 264-0185.
G
Chief,
Permits .Section
Enclosures
cf: NYSDEC - Region 3
Town of Wappinger
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