1993-10-08
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT. CORPS OF ENGINEERS
JACOB K. JA VITS FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
o 8 OCT 1993
"E~ Y TO
ATTENTION C#
Regulatory Branch
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SUBJECT: Permit Application Number 92-12170~YS
by Elizabeth Laufer
Mr. Mark A.. Day
Barger, Day & Oswald
894J Route 52
Beacon, New York 12508
OCT 2 2 1993
ELAINE SNOWDEN
TOWN CLERK
Dear Mr. Day:
On July 21, 1992, the New Yor~ District, u.s. Army Corps of
Engineers, received a request for bepartment of the Army
authorization for the discharge of fill material into waters of
the United States to facilitate the construction of a golf
driving range. The site is located in the Town of Wappinger,
Dutchess County, New York.
By letter dated September 27, 1993, this office confirmed
the extent of waters of the united States on the subject
property. These waters of the United States consist of
approximately 34.5 acres of jurisdictional wetlands, and are
considered to be above the headwaters. A submittal entitled
"Special Use Permit - Wappinger Golf Park", prepared by Barger,
Day & Oswald, dated July 8, 1993, and last revised August 19,
1993, to include the limit of disturbance highlighted in orange
(copy enclosed), indicates that the total impacts to waters of
the United States would involve the discharge of fill material
and excavation activities within a maximum of 3.9 acres of
wetlands, with 8 acres of mitigation.
Based on information submitted to this office, and
accomplishment of notification of the proposed work to the state
and federal resource agencies in accordance with applicable
federal regulations, 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 an existing Department of the Army nationwide
general permit. The nationwide permits are prescribed in Title
33 of the Code of Federal Regulations (33 CFR 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 Appendix A, the following
special conditions, and any applicable regional conditions added
by the State of New York.
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Special Conditions
(A) The permittee shall undertake the mitigation plan
according to the drawing entitled "Special Use Permit - Wappinger
Golf Park", prepared by Barger, Day & Oswald, dated July 8, 1993,
and last revised August 19, 1993, to include the limit of
disturbance highlighted in orange, and the "Vegetation" and
"Progress Schedule" plans outlined in the letter written by
Barger, Day_ & Oswald, dated August 9, 1993. The letter shall be
modified td include 8 acres of mitigation.
(B) The permittee shall provide to this office annual
reports on the status of the mitigation activities, prepared
during the growing season, no later than August 15 in each of the
following five (5) years after initiation of the activities
authorized by this letter. These reports shall include the
following at a minimum:
i. All plant species, along with their estimated
relative frequency and percent cover, shall be identified by
using plots measuring 10 feet by 10 feet with at least one
representative plot located in each of the habitat types within
the mitigation site. The location of each plot shall be
identified on the plan view engineering drawing.
ii. Vegetation cover maps, at a scale of one inch equals
100 feet, or larger scale, shall be prepared for each growing
season.
111. Photographs showing all representative areas of the
mitigation site/s shall be taken at least once each year during
the period between 1 June and 15 August.
iv. Surface water and groundwater elevations in
representative areas of the mitigation site/s shall be recorded
twice a month during April through October of each year. The
location of the monitoring well or gauge shall be shown on the
plan view engineering drawing.
(C) All grading and planting in conjunction with the
wetlands mitigation work shall be completed prior to the
completion of the discharge of fill authorized herein.
(D) The permittee shall ensure that all plantings in
conjunction with the mitigation effort shall have an eighty-five
(85) percent survival and/or coverage rate which must be met or
exceeded at the end of the second growing season following the
initial planting/seeding of each phase. If the eighty-five (85)
percent survival rate is not met at the end of the second growing
season following each phase, the permittee shall take all
necessary measures to ensure the level of survival by the end of
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the next growing season, including re-planting and re-grading if
necessary. In addition, in areas where no individual plantings.
are currently proposed, if appropriate and sufficient vegetation
is not present by the end of the second growing season, the
permittee shall take all necessary steps, including individual
plantings in order to achieve a plant density comparable to the
adjacent wetland.
(E) The permittee shall ensure that no mowing of the
mitigation area shall occur.
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(F) The permittee shall undertake the authorized filling
activities in a manner aimed at reducing impacts upon the general
environment. In addition, the permittee shall not stockpile fill
or other materials in a manner conducive to erosion, or in areas
likely to cause high turbidity runoff during storm events. All
exposed soils shall be re-vegetated in a timely manner to further
reduce potential effects. The permittee shall also fence off all
wetlands and other sensitive ecological areas during construction
periods to prevent equipment and personnel from entering these
areas.
(G) Perpetual deed restrictions shall be placed on the
mitigation site/s to guarantee its preservation for wetland and
wildlife resources. The required legal description shall be
determined by a registered land surveyor. A certified copy of
the deed restriction recorded by the Registrar of Deeds for
Dutchess County shall be provided to the New York District within
120 days of the date of this letter.
(H) The permittee shall assume all liability for
accomplishing the corrective work should the New York District
determine that the compensatory mitigation has not been fully
satisfactory. ~ If the New York District does not find the
mitigation satisfactory, an extension of monitoring time may be
required to cover any necessary remedial work.
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 for a period of two years from
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
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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.
This authorization is conditional on the applicant's
receipt of the required water quality certificate or waiver from
the New York State Department of Environmental Conservation
(NYSDEC). No work may be accomplished until the required
approval from NYSDEC has been obtained.
If any questions should arise concerning this matter, please
contact Brian A. Orzel, of my staff, at (212) 264-0183.
Sincerely,
Joseph J. Seebode
Chief, Regulatory Branch
Enclosures
cc: Town of Wappinger
New York State D.E.C. - Region 3
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