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2001-03-07 ",- DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 .~ o 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. ..-~~ 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. " 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. 2 ,- 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 ," - 3