1998-04-08
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
APR 0 8 1998
Regulatory Branch
SUBJECT: Permit Application Number 97-16680-YS
by CarolYn Bersak
Robert G. Torgersen
Landscape Architecture and
Environmental Sciences
Three Main Drive
Nanuet, New York 10954
Dear Mr. Torgersen:
On December 23, 1997, 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 Robert G.
Torgersen, as consultant for CarolYn Bersak. 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.
The proposed project would involve the construction of two single
family residences.
In the letter received on December 23, 1997, your office
submitted a proposed delineation of the extent of waters of the
united States within the subject property. A site inspection was
conducted by a representative of this office on January 8, 1998,
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 1, 1998, this office received the
complete modified delineation.
Based on the material submitted and the observations of the
representative of this office during the site visit, it has been
determined that the drawing 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 February 17, 1998, 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 are two (2)
principal wetland areas on the project site.
The first wetland is located near the center of the site and
is approximately 0.70 acres within the subject property. The
second wetland is located just southwest of the first wetland and
is approximately 1.03 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.
The above referenced drawing also indicated that the total
impacts to waters of the United States would involve the
discharge of fill material into approximately 0.23 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 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 December 13, 1998, 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.
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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
cf: NYSDEC - Region 3
Town of Wappinger
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