2003-05-13
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K. JA VITS FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
{J,i/ ;;/
}f
f"
REPLY TO
A TrENTION OF:
13 MAY 2003
t t:::C't::/ v.
t:::
/fAY l..
)~^' (';:"~] 2003
j'')"r"/(;r.;; /-lPPIAj
" COIJf;.' Gr:
"' .7"
Regulatory Branch
SUBJECT: Permit Application Number 2002-01303-YS
by Mr. Gerhard Stoetzel
~....;
Ecological Solutions, LLC.
C/o Mr. Michael Nowicki
1248 Southford Road
Southbury, Connecticut 06488
:~
:~
Dear Mr. Nowicki:
.
On Septew~er 26, 2002, the New York District of the U. S.
Army Co::."PS of Engineers received a request for a Department of
the Army jurisdictional determination for the above referenced
project. This request was made by Ecological Solutions, LLC., as
consultant for Mr. Gerhard Stoetzel. The site consists of
approximately 256.35 acres, in the Hudson River Basin, in the
Town of Wappinger, Dutchess County, New York. The proposed
project would involve the construction of a residential
development.
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 November 14, 2002,
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 11, 2003, 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 either adjacent to or part of a tributary system under
the jurisdiction of the United States Army Corps of Engineers.
Based on the material submitted and observations of the
representatives of this office during the site visit, the
drawing entitled "Federal Mapping for Blackwatch Farm, Town of
Wappinger, Dutchess County, New York", Sheets 1 and 2, prepared
by Oswald and Gillespie, P.C.", dated June 14, 2002, and last
revised February 11, 2003, 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 three (3) principal
jurisdictional areas on the project site which are part of a
tributary system under the jurisdiction of the Corps of
Engineers. The first jurisdictional area designated as "Wetland
Area A" occupies approximately 30.73 acres, and includes emergent
and forested wetlands associated with Sprout Creek, a tributary
to the Fishkill Creek. The second jurisdictional area designated
as "Wetland B", occupies approximately 55.86 acres, and includes
additional forested wetlands associated with Sprout Creek. The
third area, designated as "Wetland Area E", and occupying
approximately 0.24 acres, is a forested wetland located adjacent
to "Wetland Area B". All three jurisdictional areas are
associated with a tributary system of the Hudson River, and are
considered to be below 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 designated as I;Wetland Areas C, D1, D2,
D3, D4, and F" and 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 ~led 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. 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.
.,.,...1
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.
2
. ,
:~
-:....
~
If any questions should arise concerning this matter, please
contact James H. Cannon, of my staff, at (212) 264-0185.
Sincerely,
Enclosure
cf: NYSDEC - Region 3
Town of Wappinger
3
Permits Section