1995-10-11
DEPARTMENT OF THE ARMY
NEW. YORK DISTRICT. CORPS OF ENGINEERS
JACOB K. JA VITS FEDERAL BUILDING.
NEW YORK. N.Y. 10278~0090
OCT 1 JJ:)5
,,1:"- Y TO
. '" TTENTIOH OIT
Regulatory Branch
SUBJECT: Permit Application Number 94-10750-YS
by Paul Hunt
Michael E. Gillespie
Barger, Day & Oswald
Consul ting._.Engineers~&. Lando.Suryeyors.q
1065 Route. 82_______H_____ __.___~.__nu___.____n
Hopewell Junction, New York 12533
pear Mr. Gillespie:
On October 28, 1994, the New York District of the U. S. Army
Corps of Engineers received a request for a 'Department of the
Army jurisdictional determination for the above referenced
project. This request was made by Barger, Day & Oswald, as
consultants for Paul Hunt. The site consists of approximately
38.702 acres, in the Hudson River basin, located on Ketchamtown
Road in the Town of Wappinger, Dutchess County, New York. The
proposed project would involve the construction of a residential
subdivision.
In the letter received on October 28-, 1994, your office
submitted a proposed delineation of the extent of waters o~ the
United States within the subject property. A site inspection was
conducted by a representative of this office on November 9, 1994,
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 29, 1995, this office recelved 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 "9 Lot Subdivision of Lee
Knolls For Paul Hunt - Section II - Town of Wappinger - Dutchess
-____.__..___..Co. t N ..Y.", "prepared by. Barger ,'-Day&.Oswald,c.....dated....P.E=-.<:ember__~.?t _.___m__'_^"
1994, and last revised July 13,1995 ,.appears _to be an. accurate
depiction of the extent of the waters of the United States on the
subject property. This drawing indicates that there are three
(3) principal wetland areas on the project site.
The first wetland (#l-Federal Wetland) is located in the
central and northern portions of the property and is
approximately 8.83 acres within the subject property. The second
wetland (#2 Federal Wetland) is located near the southeastern
corner of. the property and is approximately 0.09 acres~ The
~
third wetland (#3 Federal Wetland) is located north and east of
the second wetland and is approximately'C.18 acres. It should be.
noted that one area, totaling approximately 0.124 acres, as shown
on the above referenced drawing, contains fill material within
the confines of the delineated wetland. 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.
In the submission received on August 29, 1995, it was
indicated that the total impacts to waters of the United States
would involve the discharge of fill.material into_approximately.,. __~._ "_.___
0.448 acres of waters of the United States, including_wetlands. ---, --.---..
This includes the 0.124 acres of previous fill, as described
above. ,-
Based on information submitted to this office, our review of
the project indicates that an individual permit is not required.
In accordance with the above referenced plan,' it appears that the
activities within the jurisdiction of this office could be
accomplished under an existing Department of the Army nationwide
general permit. The nationwide permits are prescribed in Title
33 of the Code of Federal Regulations (33 CPR 330, Appendix A,
No. 26). A public notice issued from this office which describes
the nationwide permits and conditions for New York is enclosed
for your review. The work may be performed without further
authorization from this office provided the' activity complies
with the permit conditions listed in ~~pendix A, and any
applicable regional conditions added by the State of New York.
It should be noted that no development is currently proposed
for Lot No. 10 as shown in the above referenced drawing. Any
future development within this property, including Lot No. 10i
may require further authorization from this office, and may need
to be considered cumulatively with the impacts authorized by this'
letter.
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 betaken so that construction materialsi
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.
2
.
This verification of the---Nationwide Permit is valid for a
period of two years ~rom 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.
If any questions should arise concerning this matter, please
contact Brian A. Orzel, of my staff, at (212) 264-0183.
Sincerely,
\I\~ ilL ~
-furL George Nieves
Chief, Western Permits Section
Enclosure
cf: NYSDEC Region 3
Town of Wappinger
3
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