2000-09-06
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I ' 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
SEP 0 6 2000
SUBJECT: Permit Application Number 2000-00568-YS
by Arthur Dedominicus
RECEIVED
.SEP 1 1 2000
ELAINE SNOWDEN
TOWN ClE'RK
Michael E. Gillespie
Day, Oswald & Gillespie
10-65 Route 82
Hopewell Junction, New York 12533
Dear Mr. Gillespie:
On January' 3, 2000,. the New York District Corps of Engineers
received a request for a Department of the Army jurisdictional
determination and authorization for the above referenced project.
This request was made by Day, Oswald & Gillespie, as consultant
for Arthur Dedominicus. The area within the project boundary
consists of approximately 0.70 acres, in the Hudson River basin,
located on New York State Route 9 in the Town of Wappinger,
Dutchess County, New York. The proposed project would involve
the construction .ofa commercial ,building. , ..... . '. '. .... ::
.' .
In "the letter 'receivedon January. 3,2000,: your . office c' ;'
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 May 3, 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 August 18, 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
IICorps of Engineers Wetlands Delineation Manual, II Technical
Report Y-87-1.
Based on the above, it has also been determined that the
drawing entitled IISite Plan For: Arthur Dedominicus Town of
v'Jappinger Dutchess County, New York II, prepared by Day, Oswald &
Gillespie, dated December 21, 1999, and last revised August 12,
2000, appears to be an accurate depiction of the extent ~fthe
waters of the United States within the project boundary. This
drawing indicates that there are three (3) principal wetland
areas on the project site.
The first wetland (Fed. Wetland "A") is located in the
northeastern corner of the site and is approximately 0~003 acres
within the project boundary. The second wetland (Fed. Wetland
"B") is located along the southern edge of the site and is
approximately 0.11 acres within the project boundary. The third
wetland (Fed. Wetland "C") is located near the northwestern
corner of the site and is approximately 0.03 acres within the
project boundary. 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.
The above referenced drawing also indicates that the total
proposed impacts to waters of the United States would involve the
discharge of fill material into approximately 0.10 acres of
wetlands.
Based on the information submitted to this office, 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 39. 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) 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. 39, Section C, and any applicable
regional conditions added by the State of New York, copies
enclosed.
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 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.
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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.
If any questions should arise concerning this matter, please
.contact Brian A. Orzel, of my staff, at (212) 264-0183.
Sincerely,
~~~~~
~ George Nieves
Chief, Western Permits Section
Enclosure
cf: NYSDEC ~ Region 3
Town of Wappinger
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