1999-01-14
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
JAN 1 4 1999
SUBJECT: Permit Application Number 97-16681-YS
by Carolyn Bersak
Carolyn Bersak
24 Tamidan Road
Poughkeepsie, New York 12601
RECEIVED
Dear Ms. Bersak:
JAN 1 9 1999
E~INE SNOWDEN
10WN CLERK
On January 11, 1999, the New York District Corps of
Engineers received a request for a Department of the Army
authorization for the discharge of fill material into waters of
the United States for the construction of a 2-lot residential
subdivision to be known as Losee Acres. The site consists of
approximately 6.6 acres, in the Hudson River basin, located on
Losee Road in the Town of Wappinger, Dutchess County, New York.
By letter dated April 8, 1998 (copy enclosed), this office
confirmed the extent of waters of the United States on the
subject property. These waters of the United States consist of
approximately 1.73 acres of jurisdictional wetlands, and are
considered to be above the headwaters. In the. letter dated April
8, 1998, this office also confirmed the applicability of .
Nationwide General Permit Number 26, which expired on December
13, 1998.
The submittal entitled "Losee Acres - Town of Wappinger -
Dutchess County, New York - 2 Lot Subdivision", prepared by John
E. Railing, P.E., P.C., dated October 1, 1997, and last revised
January 11, 1999 (copy enclosed), indicates that the total
impacts to waters of the United States would involve the
discharge of fill material into a maximum of 0.23 acres of
wetlands. The latest revision was done by hand and signed by
David Bersak on January 11, 1999, and includes the relocation of
the Lot 1 house from the southeast corner of the property to the
southwest corner of the property. This revision also includes
the excavation of a ditch, approximately 3 feet wide and 140 feet
long within wetlands. As stipulated in this drawing, no
construction machinery shall enter the wetlands in association
with the ditch excavation and all excavated materials will be
disposed of within uplands.
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 26. The nationwide permits are
prescribed in the December 13, 1996 Federal Register, Final
"
Notice of Issuance, Reissuance, and Modification of Nationwide
Permits (61 FR 65874). The work may be performed without further
authorization from this office provided the activity complies
with the permit conditions listed in Section B, No. 26, Section
C, the following special condition, and any applicable regional
conditions added by the State of New York, copies enclosed.
Special Condition
(A) The permittee shall place in its deed conveying each of
the two lots within the subdivision, a clause requiring that the
grantee contact the Corps of Engineers to determine if any
additional authorization is required prior to the grantee's
undertaking of any further jurisdictional activities. A copy of
the above referenced drawing shall be provided to each lot owner.
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 until September 15, 1999, unless
the nationwide permit is modified, suspended or revoked. 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.
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
Enclosures
cf: NYSDEC - Region 3
Town of Wappinger
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