1992-06-25
-. 'j
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT CORPS OF ENGINEERS
JACOB K. JA VITS FEDERAL BUILDING
NEW YORK. N.Y. 10278-0090
AEPL Y TO
Regul~~~Ory Branch
JUN 2 5 1992
RECEIVED
JUt 0 2
CLAINI! S 1992
tOWN NOWO
CLeIll( eN
SUBJECT: Application No. 92-0700-YS
by Electro Ecology Inc.
Mr. John H. Slagle
Kleinschmidt Associates
75 Main street, P.o. Box 576
pittsfield, Maine 04967
Dear Mr. Slagle:
The New York District, U.S. Army Co~s of Engineers,
received a request for Department of the 'Army authorization
for the discharge of fill material into waters of the united
states in association with the installation of new rock
anchors at the Wappingers Falls Hydroelectric Project. The
site is on Wappingers creek in the Town of Wappingers Falls,
Dutchess County, New York.
The applicant indicated that the total impacts to waters
of the united states would involve the discharge of fill
material, associated with the construction of a temporary
road access to the dam, into approximately 0.03 acres of
Wappingers Creek.
Based on information submitted to this office dated
April 2, and May 20, 1992, a further 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
(CFR), the applicable section of which (33 CFR 330, Appendix
A, No. 17) is enclosed for your information. The work may be
performed without further authorization from this office
provided the activity complies with the ~ermit conditions
listed in Appendix A, the following spec~al condition, and
any applicable regional conditions added by the state of New
York.
s~ecial Condition
1. The permittee shall not draw down Wappinger Lake
until October 1 of any given calendar year and shall restore
the previous water level no later than December 31 of the
same calendar year.
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 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, sus~ended or revoked. This verification will
remain valid 1f the activity complies with the terms of any
subsequent modifications of the Nationwide Permit
authorization. If the Nationwide permits are sus~ended,
revoked, or modified in such a way that the activ1ty 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 Orzel, of my staff, at (212) 264-0183.
sincerely,
~
eebode
latory Branch
Enclosures
cc: NYSOEC Region 3, ORA
Town of Wappingers Falls