2001-07-05
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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
REPLY TO
ATTENTION OF:
Regulatory Branch
Q 5 JUL ~001
SUBJECT: Permit Application Number 2000-01306-YS
by D'Agostino Builders
Mr. Joseph D'Agostino
c/o Mike Nowicki
The Chazen Companies
Page Park, Manchester Road
P.O. Box 3479
Poughkeepsie, NY 12603
RECEIVED
JUL 092001
TOWN CLERK
Dear Mr. D'Agostino:
On October 3, 2000, 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 Mike Nowicki of The Chazen Companies, as consultant for
D'Agostino Builders. The site consists of approximately 63.295
acres, in the Hudson River Basin, near' NYS Route 9D in the Town
of Wappinger, Dutchess County, New York.
In the letter received on October 3, 2000, your consultant
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 October 18, 2000,
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 January 10, 2001, 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-87-1i and the presence of a defined water body (e.g.
stream channel, lake, pond, river, etc.) which is part of a
tributary system.
Based on the above, it has also been determined that the
drawing entitled "D'Agostino-Town of Wappangers-Dutchess County,
New York-Preliminary Site Plan", Sheet 1 of I, prepared by The
Chazen Companies, dated August 15, 2000, and last revised
December 21, 2000, appears to be an accurate depiction of the
extent of the waters of the United States on the subject site.
This drawing indicates that there are four (4) principal wetland
areas on the project site. The first wetland (Wetland A) is
located near the northern end of the project site and is
approximately 5.83 acres within the project boundary. The second
wetland (Wetland B), located near the northeastern corner of the
project area, is contiguous with Wetland C outside the project
area and is approximately 0.23 acre within the project boundary.
The third wetland (Wetland C) is located in the eastern half of
the project area and is approximately 10.72 acres within the
project boundary. The fourth wetland (Wetland D) is located near
the western corner of the project area and is approximately 0.75
acre within the project boundary. These wetlands are considered
to be above 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
fourth wetland (Wetland D), as described above, 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.
The remaining wetlands on the property are part of a tributary
system, and are considered to be waters of the United States,
under the jurisdiction of the Corps of Engineers.
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.
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 Randy J. English, of my staff, at (212) 264-0184.
Sincerely,
Permits Section
Enclosure
cf: NYSDEC - Region 3
Town of Wappinger
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