2002-11-07
DEPARTMENT OF THE ARMY
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NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K. JA VITS FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
REPLY TO
ATTENTION OF:
Regulatory Branch
SUBJECT: Permit Application Number
by Mark Ritter
Michael Nowicki
Ecological Solutions, LLC.
1248 southford Road
Southbury, Connecticut 06488
Dear Mr. Nowicki:
On February 5, 2002, 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 Ecological Solutions, LLC., as
consultant for Mark Ritter. The site consists of approximately
4.257 acres, in the Hudson River Basin, located on Myers Corners
Road in the Town of Wappinger, Dutchess County, New York. The
proposed project would involve the construction of a two-lot
residential subdivision.
In the letter received on February 5, 2002, 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 July 17, 2002, in
which it was agreed that more information regarding the property
would be submitted to this office. On August 12, 2002, this
office received the additional information.
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
system; 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 "subdivision of the Lands of 2345, LLC.
Myers Corners Road Town of Wappinger, Dutchess County, New York
Federal Wetland Boundary", prepared by Lawrence J. Paggi, PE, PC,
dated March 14, 2001. This drawing indicates that there is one
(1) principal wetland area on the project site which is part of a
tributary system, and is considered to be waters of the United
,States. The wetland is located along the western portion of the
property and is approximately 0.73 acres within the subject
property. These wetlands are considered to be above the
headwaters.
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.
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 ~nitiation 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 (212) 264-0183.
Sincerely,
~Let
~George Nieves
Chief, Western Permits Section
Enclosure
_ cf: NYSDEC - Region 3
Town of Wappinger
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