1998-04-02
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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
APR 0 2 1998
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Regulatory Branch
SUBJECT: Permit Application Number 97-16590-YS
by Elma Kahara
Robert G. Torgersen
Landscape Architecture and
Environmental Sciences
Three Main Drive
Nanuet, New York 10954
Dear Mr. Torgersen:
On December 15, 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 proj~ct. This request was made by Robert G.
Torgersen, as consultant for Elma Kahara. The site consists of
approximately 2.50 acres, in the Hudson River basin, located on
Old Hopewell Road in the Town of Wappinger, Dutchess County, New
York. The proposed project would involve the construction of a
single family residence.
In the letter received on December 15, 1997, your office
submitted a proposed delineation of the extent of waters of the
United States within Lot 2 of the Elma Kahara 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 February 13, 1998, this office
received the 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 "Kahara 2 Lot Subdivision -
Town of Wappinger - Dutchess County, New York - Preliminary
Plat", prepared by John E. Railing, P.E., P.C., dated October 1,
1997, last revised by the applicant on February 6, 1998, and
further revised by this office to include additional wetlands
west of Wetland Flag Number 12 as shown in the attached drawing,
appears to be an accurate depiction of the extent of the waters
of the United States on Lot 2 of the subject site. This drawing
indicates that there is one (1) principal wetland area within Lot
2. The wetland is located on the eastern half of Lot 2 and is
approximately 1.00 acre within Lot 2. These wetlands are
considered to be above the headwaters. This determination
regarding the delineation shall be considered valid fora period
of five years from the date of this letter. -
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In the submission received on February 13, 1998, the above
referenced drawing indicated that the total impacts to waters of
the united States would involve the discharge of fill material
into approximately 0.084 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.
Soecial Condition
(A) The permittee shall place in its deed conveying Lot 2,
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
activities within waters of the United States, including
wetlands. A copy of the above referenced drawing shall be
provided to the 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.
2
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
cf: NYSDEC - Region 3
Town of Wappinger
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THAT THE OWNER OF LOT '1,
THEIR SUCCESSORS AND ASSIGNS.
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(REPLACEI THE EXI5T1NG POLE
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