2001-03-07
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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
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MAR 0 7 2001
REPLY TO
ATTENTION OF:
Regulatory Branch
SUBJECT: Permit Application Number 1998-13610-YS
by Satellite Investments
RECEIVED
Michael Nowicki
The Chazen Companies
P.o. Box 3479
229B Page Park
poughkeepsie, New York 12603
MAi( 0 ~ ?001
TOWN CLERK
Dear Mr. Nowicki:
On October 26, 1998, the New York District Corps of
Engineers received a request for a Department of the Army
jurisdictional determination for the above referenced project.
The site consists of approximately 302.073 acres, in the Hudson
River Basin, located on Airport Drive in the Town of Wappinger,
Dutchess County, New York. The proposed project would involve
the expansion of the existing Airport Drive Business Center.
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In a letter dated December 18, 1999, 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 March 29, 2000, 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 9, 2001, this office received the modified delineation.
Based on the material submitted and the observations of the
representative of this office during the site visit, this site
has been determined to contain jurisdictional waters of the
United States based on: the presence of wetlands determined by
the occurrence of hydrophytic vegetation, hydric soils and
wetland hydrology according to criteria established in the 1987
IICorps of Engineers Wetlands Delineation Manual, II Technical
Report Y-87-1; the presence of a defined water body (e.g. stream
channel, lake, pond, river, etc.) which is part of a tributary
system; and the fact that the location includes property below
the ordinary high water mark, high tide line or mean high water
mark of a water body as determined by known gage data or by the
presence of physical markings including, but not limited to,
shelving, changes in the character of soil, destruction of
terrestrial vegetation, the presence of litter or debris or other
characteristics of the surrounding area.
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Based on the above, it has also been determined that the
drawing entitled "Wetland Flagging Location Lands Of Satellite
Investments Town of Wappinger Dutchess County, New York",
prepared by Raymond E. Heinsman Professional Land Surveyor, dated
December 1, 1999, and last revised January 30, 2001, 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 eight (8) principal wetland areas on the project site.
The first wetland (Federal Wetland "A") is located in the
southwestern corner of the site, next to New York State Route
376, and is approximately 1.34 acres within the subject property.
The second wetland (Federal Wetland "BII) is located just
northeast of Wetland A, and is approximately 5.70 acres within
the subject property. The third wetland (Federal Wetland "C") lS
located just northeast of Wetland B, and is approximately 2.16
acres within the subject property. The fourth wetland (Federal
Wetland "D") is located on the south side of Airport Drive,
approximately 300 feet east of Wetland C, and is approximately
3.69 acres within the subject property.
The fifth wetland (Federal Wetland "E") is located on the
north side of Airport Drive, just northwest of Wetland D, and is
approximately 32.18 acres within the subject property. The sixth
wetland (Federal Wetland "F") is located in the northwestern
corner of the property, just northwest of Wetland E, and is
approximately 3.90 acres within the subject property. The
seventh wetland (Federal Wetland "G") extends from the northwest
corner to the eastern corner of the site, and is approximately
62.86 acres within the subject property. The eighth wetland
(Federal Wetland "H") is located in the southeastern corner of
the property, just east of Wetland G, and is approximately 4.15
acres within the subject property.
Wetlands G and H, as described above, are considered to be
below the headwaters. The other waters of the United States
within the subject property, as described above, 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. Enclosed is a Notification of
Administrative Appeal Options which provides information on your
acceptance of this approved jurisdictional determination.
It is strongly recommended that the development of the site
be carried out in such a manner as to avoid as much as possible
the discharge of dredged or fill material into the delineated
waters of the United States. If the activities proposed for the
site involve such discharges, authorization from this office may
be necessary prior to the initiation of the proposed work. The
extent of such discharge of fill will determine the level of
authorization that would be required.
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It should also be noted that four areas, along the existing
alignment of Airport Dri~e and within the footprint of an
existing facility, totaling approximately 0.99 acres of wetlands,
have been previously filled. These areas are shown as Previously
Filled Area "A" (0.17 acres), Previously Filled Area "E" (0.18
acres), Previously Filled Area "e" and "D" (0.36 acres) and
Previously Filled Area "E" (0.28 acres) in the above referenced
drawing. This previously filled area must be considered as an
impact to waters of the United States cumulatively with any
impacts proposed in the future.
If any questions should arise concerning this matter, please
contact Brian A. Orzel, of my staff, at (212) 264-0183.
Sincerely,
~.L ~ 0t
~eorge Nieves
Chief, Western Permits Section
Enclosure
cf: NYSDEC - Region 3
Town of Wappinger
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