1999-03-10
Regulatory Branch
SUBJECT: Army Corps of Engineers Jurisdiction/SEQR Process
for the Tri-Municipal Sewer Commission
t1AR 1 0 1999
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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
Tri-Municipal Sewer Commission
c/o Ms. Constance O. Smith, Supervisor
20 Middlebush Road
Wappingers Falls, New York 12590
Dear Ms. Smith:
This letter is in response to your correspondence dated
February 3, 1999, regarding the proposed expansion of the
wastewater treatment plant in several areas in the Village of .
Wappingers Falls and .the Town of poughkeepsie, Dutchess County,
New York.
The New York District Army Corps of Engineers does not take
a pos.ition for or against lead agency selection in the New York
State SEQR process. It should be noted, however, that activities
on the above site may require a Department of the Army Permit.
The Army Corps of Engineers regulates activities that
include dredging or construction activities in or over any
navigable waters of the United States, the placement of any
dredged or fill material in any waters of the United States
(including coastal or inland wetlands) or the accomplishment of
any ~ork affecting the course, location, condition or capacity of
such areas. Such activities may require a Department of the Army
permit, in accordance with 33 CFR320-330.
Most waterbodies, including wetlands, intermittent streams
and natural drainage courses, are considered to be wate~s of the
United States. Currently, the State of New York Department of
Environmental Conservation (NYSDEC) recognizes and maps state
fresh water wetlands as those wetland areas that are 12.4 acres
or more and/or are ecologically unique. A NYSDEC determination
classifying an area as a non-state regulated wetland does not
, free a property owner from his or her obligations under the Clean
Water Act; the Corps regulates the discharge of dredged or fill
material into all freshwater wetlands, regardless of size.
To remain out of Department of the Army jurisdiction
completely, we recommend that the applicant limit the project to
those areas upland of any waters or wetlands of the United
State's. Not only is this environmentally sound, but it could
potentially save the applicant considerable time and expense
while attempting to obtain necessary federal, state or local
permits.
If fill material is. contemplated to be placed within those
areas of Corps jurisdiction, the extent of these waters of the
United States needs to be delineated according to the Federal
Methodology, which requires the evaluation of features including
the hydrology, the vegetation, and the soils present on the site.
The current method for delineating Army Corps of Engineers
jurisdictional wetlands is in accordance with the "Corps of
Engineers Wetlands Delineation Manual," Technical Report Y-87-1.
A copy of the manual may be obtained from the National Technical
Information Service by calling (703) 487-4650.
It is possible that a project may qualify for a Nationwide
General Permit, in accordance with 33 CFR 330. An activity is
authorized under a Nationwide General Permit only if that
activity and the permittee satisfy all of the Nationwide permit's
terms and conditions. Unless a Nationwide General Permit
contains a condition requiring the applicant to notify the Corps
prior to undertaking the proposed activity, a written
authorization is not necessary. Activities that do not qualify
for authorization under a Nationwide General Permit may still be
authorized by an Individual or Regional General permit. A copy
of the New York District's Reauthorization of the Nationwide
Permit Regulations for the State of New York, published December
13, i996, is enclosed for your review.
When the delineation has been accomplished, and it has been
determined that a Nationwide General Permit does not apply, the
applicant should supply a wetland delineation report, including
wetland data sheets, a site map that. shows flag numbers and
surveyed lines, and photographs of the site. In addition, the
applicant should submit a detailed description of the proposed
construction activities listing the individual fill requirements
(ina-cres) within waters of the U.S., and specify the total
numbers of acres of waters of the U.S. proposed to be lost or
substantially modified.
If you have any questions, please contact the undersigned at
(212) 264-0184.
Sincerely,
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Sandra Creamer
Project Manager
Western Permits Section
Enclo~3Ures