2000-10-19
..
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K. JA VITS FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
OCT 1 9 2000
REPLY TO
ATTENTION OF:
Regulatory Branch
SUBJECT: Permit Application Number 2000-00047-YS
by Donald Zeller
Robert G. Torgersen
Landscape Architecture and
Environmental Services
Three Main Drive
Nanuet, New York 10954
;1ECEIVt:L
OCT 2 1, 2000
Dear Mr. Torgersen:
ELAINE SNOWDEN
'f'\M.I\' r.LPP'"
On December 6, 1999, 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 Robert G. Torgersen, as consultant for
Donald Zeller. The site consists of approximately 23.71 acres,
in the Hudson River Basin, located on Maloney Road in the Town of
Wappinger, and Daley Road in the Town of LaGrange, Dutchess
County, New York. The proposed project would involve the
construction of a residential subdivision.
In the letter received on December 6, 1999, your office
submitted a proposed delineation of the ex~ent of waters of the
United States within the subject property. A site inspection was
conducted by a representative of this office on March 29, 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 September 4, 2000, this office received the
modified delineation.
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; 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 Wetlands Map For Zeller Town of La
Grange & Town of Wappinger Dutchess County, New York", prepared
by Gray Engineering, P.C., dated November 10, 1999, and last
revised August 22, 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 is one (1) principal
wetland area on the project site.
The wetland is located along the eastern portion of the
property, near Daley Road, and is approximately 3.36 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.
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
authoriza~ion 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,
~~!~~~
Chief, Western Permits Section
Enclosure
cf: NYSDEC - Region 3
Town of Wappinger
2