2001-06-01
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DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K. JAVlTS FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
Ill>>:,~
o 1 JUN 2001
Mr. and Mrs. Brian
c/o Kim Hanley
Civil Technologies
2622 South Avenue
Wappingers Falls,
and Darce Lomas
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REPLY TO
ATTENTION OF:
Regulatory Branch
SUBJECT:
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Permit Application Number 2001-00144-YS
by Brian and Darce Lomas
and Engineering, P.C.
NY 12590
Dear Mr. and Mrs. Lomas:
On January 17, 2001, the New York District Corps of
Engineers received a request for a Department of the Army
jurisdictional determination and authorization for the discharge
of fill material into waters of the United States to construct a
driveway. This request was made by Ronald Miller of Civil
Technologies and Engineering, P.C., as consultant for Brian and
Darce Lomas. The site consists of approximately 6.4 acres, in
the Hudson River Basin, on Old Hopewell Road in the Town of
Wappinger, Dutchess County, New York.
In the letter received on January 17, 2001, 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 a representative of this office on February 14,
2001, 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 17, 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 "Federal Wetland Disturbance and Mitigation
Plan", Drawing No. C-3, Sheet Number 3 of 3, prepared by Civil
Technologies and Engineering, P.C., dated March 9, 2001, and last
revised on March 14, 2001, appears to be an accurate depiction of
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the extent of the waters of the United States on the subject
site. This drawing indicates that there are two (2) principal
wetland areas on the project site. The first wetland (Wetland A)
is located in the southwestern corner of the property and is
approximately 1.03 acres within the property boundary. The
second wetland (Wetland B), located in the northeastern corner of
the property, is approximately 0.91 acre within the property
boundary. These wetlan~s ~e 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.
The submittal entitled "Federal Wetland Disturbance and
Mitigation Plan", Drawing No. C-3, Sheet Number 3 of 3, prepared
by Civil Technologies and Engineering, P.C., dated March 9, 2001,
and last revised March 14, 2001, indicates that the total impacts
to waters of the United States would involve the discharge of
fill material into a maximum of 0.24 acre of wetlands, with
0.24 acre of mitigation.
Based on the information submitted to this office, and
accomplishment of notification in accordance with the applicable
federal requirements, our review of the project indicates that an
individual permit is not required. It appears that the
activities within the jurisdiction of this office could be
accomplished under Department of the Army Nationwide General
Permit Number 29. The nationwide permits are prescribed as a
Final Notice of Issuance, Reissuance, and Modification of
Nationwide Permits in the Federal Registers of December 13, 1996
(61 FR 65874), August 30, 1999 (64 FR 47175), and March 9, 2000
(65 FR 12818). The work may be performed without further
authorization from this office provided the activity complies
with the permit conditions listed in Section B, No. 29, Section
C, the following special conditions, and any applicable regional
conditions added by the State of New York, copies enclosed.
Special Conditions
(A) The permittee shall accomplish compensatory mitigation
through the successful creation of at least 0.24 acre of wetlands
from uplands on the project site. The permittee shall ensure
that the created wetlands meet the federal wetland criteria
outlined in the report entitled "Corps of Engineers Wetlands
Delineation Manual", dated January, 1987, with current Corp of
Engineers guidance.
(B) The permittee shall ensure that all created wetlands
in conjunction with the mitigation shall have an eighty-five (85)
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percent survival and/or coverage rate of hydrophytic plants
(those with a regional indicator status of FAC, FAC+, FACW+/-, or
OBL in accordance with the report entitled "National List of
Plant Species That Occur in Wetlands: Northeast [Region 1]",
published by the U.S. Fish and Wildlife Service) which must be
met or exceeded at the end of the second growing season following
the initial planting/seeding. The permittee shall also ensure
that the vegetation in the~reated wetlands does not consisit of
more than a total of ten (10) percent areal coverage of common
reed (Phraomites australis) and/or purple loosestrife (Lvthrum
salicaria). If the eighty-five (85) percent survival and/or
coverage rate or the percent cover of common reed (Phraqmites
australis) and/or purple loosestrife (Lvthrum salicaria)
requirement is not met at the end of the second growing season
following the initiation of the activities authorized by this
letter, the permittee shall take all necessary measures to ensure
the appropriate level of survival by the end of the next growing
season, including re-planting and re-grading if necessary.
(C) The permittee shall provide photographs showing all
representative areas of the mitigation site, taken during the
period between 1 June and 15 August in each of the two years
immediately subsequent to the initiation of the activities
authorized by this letter.
(D) The permittee shall provide to this office a report on
the status of the mitigation activities, prepared during the
period between 1 June and 15 August of the fifth year following
the initiation of the activities authorized by this letter. This
report shall include the following at a minimum:
i. All plant species, along with their estimated
relative frequency and percent cover, shall be identified by
using plots measuring 10 feet by 10 feet with at least one
representative plot located in each of the habitat types within
the mitigation site. The location of each plot shall be
identified on the plan view engineering drawing.
ii. Vegetation cover maps, at a scale of one inch equals
100 feet, or larger scale, shall be prepared.
iii. Photographs showing all representative areas of the
mitigation site shall be taken.
(E) All grading and planting in conjunction with the
wetlands mitigation work shall be completed prior to the
completion of the discharge of fill authorized herein.
(F) The permittee shall ensure that no mowing of the
mitigation area shall occur.
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(G) The permittee shall undertake the authorized filling
activities in a manner aimed at reducing impacts upon the general
environment. In addition, the permittee shall not stockpile fill
or other materials in a manner conducive to erosion, or in areas
likely to cause high turbidity runoff during storm events. All
exposed soils shall be re-vegetated in a timely manner to further
reduce potential effects. The permittee shall also fence off all
wetlands and other sens~ti~ ecological areas during construction
periods to prevent equipment and personnel from entering these
areas.
(H) The permittee shall secure a conservation easement or
deed restriction on the wetland mitigation site to guarantee its
preservation for wetland and wildlife resources. Copies of the
instrument(s) effecting such easement shall be submitted to the
New York District Corps of Engipeers for approval prior to
execution, and the instrument(s) shall be executed and recorded
with the Dutchess County Registrar of Deeds within one year
following the initial plantings/seedings of the mitigation site.
(I) The permittee shall assume all liability for
accomplishing the corrective work should the New York District
determine that the compensatory mitigation has not been fully
satisfactory. If the New York District does not find the
mitigation satisfactory, an extension of monitoring time may be
required to cover any necessary remedial work.
This determination covers only the work described in the
submitted material. Any major changes in the project may require
additional authorizations from the New York District.
Care should be taken so that construction materials,
including debris, do not enter any waterway to become drift or
pollution hazards. You are to contact the appropriate state and
local government officials to ensure that the subject work is
performed in compliance with their requirements.
This nationwide permit verification is valid for a period
of two years from the date of this letter, unless the nationwide
permit is modified, suspended or revoked. This verification will
remain valid for two years from the date of this letter if the
activity complies with the terms of any subsequent modifications
of the nationwide permit authorization. If the nationwide
permits are suspended, revoked, or modified in such a way that
the activity would no longer comply with the terms and conditions
of a nationwide permit, and the proposed activity has commenced,
or is under contract to commence, the permittee shall have 12
months from the date of such action to complete the activity.
This authorization is conditional on the applicant's
receipt of the required water quality certificate or waiver from
the New York State Department of Environmental Conservation
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,
(NYSDEC). No work may be accomplished until the required
approval from NYSDEC has been obtained.
Within 30 days of the completion of the activity authorized
by this permit and any mitigation required by this permit, you
are to sign and submit the attached compliance certification form
to this office.
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If any questions should arise concerning this matter, please
contact Randy J. English, of my staff, at (212) 264-0184.
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Branch
Enclosures
cf: NYSDEC - Region 3
Town of Wappinger
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