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SEQRA ~" ~- NOTICE SEQRA DECLARATION OF INTENT TO BE LEAD AGENCY To: Town of Wappinger Town Board Dutchess County Department of Health Dutchess County Department of Public W orJ<,.s Town of Wappinger Highway Department New York State Department of Environmental Conservation Date: April L, 2010 Supervisor Office APR 1 2 2010 Received From: Town of Wappinger Planning Board Subject: Chelsea Farm Subdivision - SEQRA The Planning Board of the Town of Wappinger has received an application from Chelsea Farm, LLC (the "Applicant" and "Owner") to subdivide one :t186.8-acre parcel of land into 18 lots on land designated as 6056-01-138527 & 190688 on the Town of Wappinger tax maps which have frontages on both North River Road and Chelsea Road (CR 92). The Planning Board has determined that the Proposed Action is a Type I action. The Planning Board proposes to be the Lead Agency with regard to this Proposed Action under the requirements of the New York State Environmental Quality Review Act (SEQRA) and the Town of Wappinger Environmental Quality Review (WEQR) law. In accordance with the provisions of SEQRA, unless you submit a written objection to the Planning Board within thirty (30) calendar days from the mailing of this notification, the Planning Board will automatically assume the role of Lead Agency. Enclosed with this notice are Part 1 of the Environmental Assessment Form and the application which have been submitted by the Applicant. Enclosures - cc: MT A Metro North Railroad U.S. Fish and Wildlife Service U.S. Army Corps of Engineers fRi~~~llW~[Q) 1 J:\DOCS2\500\Wappinger\Chelsea Farm Subdivision 825 lead agency euk.doc APR 1 4 2010 TOWN OF WAPPINGER TOWN CLERK < . RECEIVED 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM APR - 6 2010 PLANNING DEPARTMENT TOWN OF WAPPINGER Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner. whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently. there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis, In addition. many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly. comprehensive in nature. yet flexible enough to allow introduction of information to fit a project or action, Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large. then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE.. Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: [2] Part 1 D Part 2 D Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information. and considering both the magnitude and importance of each impact. it is reasonably determined by the lead agency that: DA, The project will not result in any large and important impact(s) and. therefore. is one which will not have <' significant impact on the environment. therefore a negative declaration will be prepared. DB. Although the project could have a significant effect on the environment. there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required. therefore a CONDITIONED negative declaration will be prepared. · Dc, The project may result in one or more large and important impacts that may have a significant impact on the environment. therefore a positive declaration will be prepared. · A Conditioned Negative Declaration is only valid for Unlisted Actions Chclscu Farm Subdivision Name of Action Town of Wuppingcr Plmming BOlll'd Name of Lead Agency PllIIming Board Chairman Victor Fanuclc Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) 2/15/10 w~~e D_ Page 1 of 21 PART '..PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Chclscu Furm Subdivision Location of Action (include Street Address, Municipality and County) Chclscu Road und North River Road Town of Wappinger, Dutchess County, New York Name of Applicant/Sponsor Chelsea Farm LLC (c/o David Silver) Address 29C Hudson Vicw Drive Zip Code 1250X City / PO Beacon State New York Business Telephone X45.X31-2600 Name of Owner (if different) same Address City / PO State Zip Code Business Telephone Description of Action: The owners/applicants desire to subdivide their vacant +/-1 86.X-acre parcels into eightcenlots for the construction of single-111111ily residcntial dwellings. The parccls are located in the Town's R-40/RO :loning distric\. Thirteen of the proposed ncw dwellings will obtain access thlll1 a new Town Road offofChclscu Roud (County Routc 94), threc will huvc driveways offofChclseu Road. and the tinu!two will have drivewuys off of North Rivcr Road. Water will be pwvided by individual wells for each lot, und wastcwater will be disposed of by individual subsurfacc scwagc disposal systems for cuch lo\. Page 2 of 21 ---- Please Complete Each Questionnlndicate N .A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: DUrban [2] Forest D Industrial D Agriculture D Commercial D Other [2] Residential (suburban) o Rural (non-farm) 2. Total acreage of project area: +/-186.8 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION o acres o acres 15 I acres 125.7 acres acres acres 35.6 acres 35.6 acres 0.2 acres 0.2 acres acres acres o acres 5.3 acres o acres 20 acres Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards. cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) grasscd alld slormwulcl' mllglul'cas Bernardston Silt Loam; Punsit Silt Loam; Nassau-Cardigan Complex; Hudson & Vergennes soils; 3. What is predominant soil type(s) on project site? CUllullduiguu Sill Loum (per Dutchess County Soil Survey. see soils map attached) a. Soil drainage: [2Jwell drained -22..% of site [2] Moderately well drained -2..% of site. Wpoorly drained ~ % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? 0 acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? 0 Yes D No O 'I' (' f t) per Dutchess County Soil Survey and soil testing a. What is depth to bedrock _ - > _ In ee 5. Approximate percentage of proposed project site with slopes: 00-1O%-2,!% 010- 15% 20 % W 15% or greater ~% 6. IS. proj.ect substantia~ontiguous to, or contain a building, site, or district. listed on the State or National Registers of Histone Places? U Yes 0 No (per OPRHP website - see attached map) 7. Is project substantially contiguous to a site Iistl>rl nn thp Rpoic;tpr nf NAtinnAI NAtllrAI I Mrlm;\rkc;? DYes 0NO 8. What is the depth of the water table? 0 - >6' (in feet) per DC Soil Survey and soil testing (standing water in wetland area) 9. Is site located over a primary, principal. or sole source aquifer? DYes 0 No (see attached map) 10. Do hunting. fishing or shell fishing opportunities presently exist in the project area? DYes 0 No Page 3 of 21 , " Does project site contain any species of plant or animal life that is identified as threatened or endangered? [!]Yes D No Accordina to: USFWS & NYSDEC rccords rcview idcntities pOlcnliul for some species to occur within projcclurea (see ulluched ICllcrs) Identify eact, species: lndiuna Bul (Myolis sodulis); Bog Turllc (Clcmmys Muhlcnbergii): Buld Eugle (Htlliueetus Icucocephulus); New Englund collonluil (Sylvilugus transiliollulis): Shortnose Sturgeon (Acipenser brevil'llstrum): und Alluntic Sturgcon (Acipenser oxyrinchus) '2. Are there any unique or unusual land forms on the project site? (Le.. cliffs. dunes. other geological formations? DYes [!J No Describe: I , 3, Is the project site presently used by the community or neighborhood as an open space or recreation area? DYes [!]NO If yes. explain: '4. Does the present site include scenic views known to be important to the community? DYes [!]NO '5. Streams within or contiguous to project area: yes (see subdivisioll & allached map) a. Name of Stream and name of River to which it is tributary lrib of Hudson River '6. Lakes. ponds. wetland areas within or contiquous to project area: yes. 6 principalmeas (sec subdivisionl11ap and ullached correspondcnce) b, Size (in acres): approximately 35.6 acres lolal on-site (no dislurbunce proposcd wilhin 100' ofwellund ureas) Page 4 of 21 1 7. Is the site served by existing public utilities? ~ves D (Central Hudson) No ~ves ONO a. If YES, does sufficient capacity exist to allow connection? b. If YES, will improvements be necessary to allow connection? Dves ~NO 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25.AA. Section 303 and 304? Dves 0 No 19. Is the site located in or substantial!:Lf,ontiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NVCRR 61 7? DYes L!J No 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes [!]NO B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: +/-1 S6.S acres. b. Project acreage to be developed: -()O acres initially; -60 acres ultimately. c. Project acreage to remain undeveloped: -126.S acres. d. Length of project, in miles: N/ A (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. N/A % f. Number of off.street parking spaces existing 2; proposed 36 g. Maximum vehicular trips generated per hour: 36 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Initially IS o Multiple Family o Condominium o Ultimately 18 o o o i. Dimensions (in feet) of largest proposed structure: 35 height; 35 width; 60 length. j. Linear feet of frontage along a public thoroughfare project will occupy is? (),321.1 ft. 2. How much natural material (i.e. rock. earth. etc.) will be removed from the site? 0 tons/cubic yards. 3. Will disturbed areas be reclaimed ~ves DNo DN/A a. If yes. for what intended purpose is the site being reclaimed? vcgclalivc cSlublishmcnl. crosion control b, Will topsoil be stockpiled for reclamation? ~ves D No c. Will upper subsoil be stockpiled for reclamation? 0 Yes [!] No 4. How many acres of vegetation (trees. shrubs, ground covers) will be removed from site? -25.3 acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other 10cCllly-important vegetation be removed by this project? DYes [!]NO 6. If single phase project: Anticipated period of construction: --.!! months, (including demolition) 7. If multi-pI1ased: a. Total number of phases anticipated _ (number) b. Anticipated date of commencement phase 1: _ month _ year, (including demolition) c. Approximate completion date of final phase: _ month _ year. d. Is phase 1 functionally dependent on subsequent phases? DYes [!] No 8. Will blasting occur during construction? DYes [!] No 9. Number of jobs generated: during construction 10 ; after project is complete o 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? DYes 0 No If yes. explain: 12. Is surface liquid waste disposal involved? DYes [!] No a. If yes, indicate type of waste (sewage, industrial. etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? 0 Yes D No Type 9,360 gals/tluy (520 guls/tluy/hol11c) 14. Will surface area of an existing water body increase or decrease by proposal? DYes 0 No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? 0 Yes D No 16. Will the project generate solid waste? 0 Yes D No a. If yes. what is the amount per month? 5.0 tons (per EPA's Municipal Solid Waste in the US: 2006 Facts & Figures) b. If yes, will an existing solid waste facility be used? 0 Yes D No c. If yes, give name Royal Carling II; location Honewell .Junction. NY d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? [!]Yes 0 No n Page 6 of 21 e. If yes, explain: Recyclable l11alerials (,'",per, glass. alul11inum. elc.) will be sepal'llled thll11lhe solid wasle prior 10 colleclion 17. Will the project involve the disposal of solid waste? DYes [!]NO a. If yes. what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? DYes [!] No 19. Will project routinely produce odors (more than one hour per day)? DYes [!] No 20. Will project produce operating noise exceeding the local ambient noise levels? DYes 0 No 21. Will project result in an increase in energy use? [!] Yes D No If yes, indicate type(s) e1eclric. oi I 22. If water supply is from wells, indicate pumping capacity +/.5 gallons/minute.l(~,:!.._~~~~._".=~~_"~~=":~] 23. Total anticipated water usage per day 9.360 gallons/day. 24. Does project involve Local. State or Federal funding? DYes [!] No If yes, explain: Page 7 of 21 25. Approvals Required: City. Town. ViI/age Board [!J Yes City. Town, ViI/age Planning Board [!J Yes City. Town Zoning Board DYes City. County Health Department [!JYes Other Local Agencies [!JYes Other Regional Agencies [!JYes State Agencies [!J Yes Federal Agencies DYes DNo DNo [!JNO DNo o No DNo D No 0NO Type Road dcdiclllion Drainagc Disll'icl FOl'mution Subdivision Approval Dutchcss Counly Hcalth DCplll'lll1cnl Town Highway Dcpl. DCDPW NYS DEe C. Zoning and Planning Information ,. Does proposed action involve a planning or zoning decision? 0Yes D No If Yes, indicate decision required: D Zoning amendment D Site plan D Zoning variance o Special use permit Page 8 of 21 D New/revision of master plan o Resource management plan Submittal Date [!J Subdivision D Other 2, What is the zoning classification(s) of the site? R-40/~() (Single-family residel1tiul) 3, What is the maximum potential development of the site if developed as permitted by the present zoning? l-s,,,nIY-"" HO,OOO ,f lul, 4, What is the proposed zoning of the site? IN/A 5, What is the maximum potential development of the site if developed as permitted by the proposed zoning? IN/A 6, Is the proposed action consistent with the recommended uses in adopted local land use plans? 0ves DNo 7. What are the predominant land users) and zoning classifications within a % mile radius of proposed action? residcntial 8. Is the proposed action compatible with adjoining/surrounding land uses with a % mile? 0ves DNO 9. If the proposed action is the subdivision of land, how many lots are proposed? Ei!,!htcen a, What is the minimum lot size proposed? 1.84 acres Page 9 of 21 , O. Will proposed action require any authorization(s) for the formation of sewer or water districts? DYes [!] No , ,. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? 0Yes D No a. If yes, is existing capacity sufficient to handle projected demand? o Yes DNo a. If yes. is the existing road network adequate to handle the additional traffic. DYes DYes0No DNo '2. Will the proposed action result in the generation of traffic significantly above present levels? D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal. please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. APPlicanUSPnm'oDUVld Simp /J Signature ~_~ Date 2/15/20] 0 Title owncr/upplkunl If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 Chelsea Farm Page 1 of 1 Legend ~founcl Map. lkanMd Ou*Cis) Arcn.o s...si.iye Aft. StateINatlonal Reg...... / 0 Fe<Mo<a1 EllVibil;,r , / ; [IIJ Nation.' RegIS'. Lis.ed ':;. [IIJ Sl... RtoglSl<< LIS.ed lonl)') Listing in Prog_ -. p..~ Slli.. P""s ...._~ ..~ 0 Coun.y Bounclarion 0 To Credl. O......"ring - - -- Tracts February 15, 2010 Disclaimer: This map was prepared by the New York State Parks, Recreation and Historic PreservatIOn National Regtster listing Internet Application. 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' --- I 1'" 1/ ,//1, _~" U i\i./I\..; ~I \../," "v' PREPARED FOR: SOIL MAPPING LEGEND: CHELSEA FARM SCALE: 1" = 1000' (ON-SITE SOILS ONLY) :I:186.8-ACRE PARCEL DA TE: JUNE 25, 2006 BER~~~D~;5N ~I~~D~OAM CHELSEA & NORTH RIVER ROADS pzB: TOWN OF WAPPINGER PUNSIT SILT LOAM DUTCHESS COUNTY. NEW YORK NwB & NwC: TAX PARCEL 6056-01-138527 & 190688 NASSAU-CARDIGAN COMPLEX PREPARED BY: HvD: HUDSON LAND DESIGN HUDSON & VERGENNES SOILS 176 MAIN STREET NOTE: INFORMATION Co: BEACON, NY 12508 TAKEN FROM DUTCHESS CANANDAIGUA SILT LOAM PH: 845-440-6926 COUNTY GIS MAPPING. / // / ./,/ / / / / / HUDSON RIVER ,/~;;~~~~ \ ' , .' - " '-\ \ - /', '-'-$\ )1 .." ',>,~ 'I(~j' \\ / ',,' \l\~ ,,\ >:: " 1 SITE " >"< \, / "'-, ",I" '..,/ -' / '''-.'r''' I "', / '" ./ '\. / " /. Y I ,\ i..: i ! ) i } i /\ i ' :. ,/:, iJ }\ i"') .r 71' '. .', . i I I Ii "" I /?zl7tr}i"~~ r=...I.I.-..'......-{tl~.--.}]]1 '\ "J,' <FR'r:- {:>..M ''', ,~~ ---.- :~ I 7 ~ P \ c.. f --,", I SITE , \;,...~.., 't':\ ~ __flO t" --..~- ^ 4>~"; I':? -(, " t-"'."~' : ,J;J~ ( Iff! ' \1;; / ! -'- <,' ~~~~:" 'j/ I )Js;: r:':.'.:' ....:::'; 1o'-'r,'IIf"'" .~:~ \~{'S[()jiB I !l.-_=-:--i:'<s-~:{ " // ''-/ ~,<'Y",Q~: ,,-Wlll-,. .- ~APp,IN6tK<"::/~~';~,~t.;,t-- .' ./';~//~~(~' J IX -- ...QLri\SHKILl ,,\/ \ i'." /.i/!" / it _,-.-" --"-'10Wt'-l Or ,r ',/> ",j / .I'.. ........../<'Xl...... .' ~=:r==i r::f~----l 500- YEAR/lOODPL.~IN (ZONf~~-~.;~p~/~~~'>:,/ i ,j\ \../ /:' ~""'/':; PREPARED FOR: STREAM MAPPING CHELSEA FARM SCALE: 1" = 1000' :i:186.8-ACRE PARCEL DATE: JUNE 25, 2006 CHELSEA & NORTH RIVER ROADS NOTES'. TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK 1 ) INFORMATION TAKEN FROM TAX PARCEL 6056-01-138527 & 190688 DUTCHESS COUNTY GIS MAPPING. PREPARED BY: 2) NYSDEC STREAM IDENTIFICATIONS: HUDSON LAND DESIGN A) STREAM: H-99, CLASS D 176 MAIN STREET B) STREAM 1: H-99-1, CLASS D BEACON, NY 12508 C) STREAM 2: H-99-2, PH: 845-440-6926 UNCLASSIFIED /., ." ,/ /' ,. . / ,,/ 1 HUDSON RIVER / / " ' < <, /' , , , ~>, ,/ ',' , PREPARED FOR: CHELSEA FARM :I:186.8-ACRE PARCEL CHELSEA & NORTH RIVER TOWN OF WAPPINGER DUTCHESS COUNT~ NEW YORK TAX PARCEL 6056-01-138527 & 190688 PREP ARED BY: HUDSON LAND DESIGN 176 MAIN STREET BEACON, NY 12508 PH: 845-440-6926 WETLAND MAPPING SCALE: 1" = 1000' DA TE: JUNE 25, 2006 ROADS NOTES: 1) INFORMATION TAKEN FROM DUTCHESS COUNTY GIS MAPPING. 2)NO NYSDEC WETLANDS ARE PRESENT. 3) NWI=NA TIONAL WETLAND INVENTORY; WETLANDS TYPICALLY UNDER THE JURISDICTION OF THE ARMY CORPS OF ENGINEERS AND JOR THE TOWN. HUDSON RIVER PREP ARED FOR: CHELSEA FARM i:186.8-ACRE PARCEL CHELSEA & NORTH RIVER TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK TAX PARCEL 6056-01-138527 PREP ARED BY: HUDSON LAND DESIGN 176 MAIN STREET BEACON, NY 12508 PH: 845-440-6926 USGS CONTOUR MAPPING SCALE: 1" = 1 000' DA TE: JUNE 25, 2006 ROADS & 190688 NOTE S: 1) INFORMA TION TAKEN FROM DUTCHESS COUNTY GIS MAPPING. 2) CONTOURS IN 10' INTERVALS. 3) SHADED AREAS (ON-SITE ONLY) REPRESENT SLOPES OF 25% AND GREA TER OVER A HORIZON TAL DISTANCE OF 100 OR MORE FEET. FISH AND WILDLIFE SERVICE 3817 Luker Road Cortland, NY 13045 United States Department of the Interior October 25,2006 Mr. Daniel G. Koehler, P.E. Principal Hudson Land Design, P .C. 176 Main Str:~et Beacon, NY 12508 Dear Mr. Koehler: This responds to your May 20, 2006, letter requesting information on the presence of endangered or threatened species within the vicinity of the proposed Pacific States Subdivision located along South River Road in the Town of Wappinger, Dutchess County, New York. There is potential for the Federally- and State-listed endangered Indiana bat (Myotis sodalis) to occur within the proposed project area, which is approximately 7 miles from known roosts and approximately 22 miles from known hibemacula in Ulster County. In addition, there is potential for the Federally-listed threatened and State-listed endangered bog turtle (Clemmys muhlenbergii) to occur within the proposed project area, which is within 8 miles of a known bog turtle site. The bald eagle (Haliaeetus leucocephalus) is a Federally- and State-listed threatened species observed wintering approximately one mile north of the proposed project area and nesting within 2 miles of the proposed project area. Please visit our web site for more information on Indiana bats, bog turtles, and bald eagles. '" In addition, the New England cottontail (Sylvi/agus transitionalis) is known to occur in Dutchess County. The New England cottontail is a candidate species which is being considered by the U.S. Fish and \Vildlifc Service (SerVico) for addition to the Federal List ofElldangereJ and Threatened Wildlife and Plants. Candidate species are species for which the Service has on file sufficient information on the biological vulnerability and threat(s) to support issuance of a proposal to list, but issuance of a proposed rule is currently precluded by higher priority listing actions. Candidate species do not receive substantive or procedural protection under the Endangered Species Act (ESA) (87 Stat. 884, as amended; 16 V.S.C. 1531 et seq.); however, the Service does encourage Federal agencies and other appropriate parties to consider these species in the project planning process. Should the New England cottontail be pro~osed for listing as endangered or threatened prior to completion of this project, conference procedures pursuant to Section 7(a)(4) of the ESAmay be necessary if your project involves Federal authorizations. Should this species be listed prior to completion of the project, further coordination or consultation pursuant to the ESA will be required to evaluate potential adverse effects of project implementation on the New England . . cottontail or its habitat, and to determine if formal consultation is necessary. Please visit our website for more information on New England cottontail. lie Except for the potential for Indiana bat, bog turtle, bald eagle, New England cottontail, and occasional transient individuals, no other Federally-listed or proposed endangered or threatened species or candidate species under our jurisdiction are known to exist in the project action area. In addition, no habitat in the project area is currently designated or proposed "critical habitat" in accordance with provisions of the ESA. Should project plans change, or if additional information on listed or proposed species or critical habitat becomes available, this d~termination may be reconsidered. The most recent compilation of Federally-listed and proposed endangered and threatened species in New York is available for your information. lie Until the proposed project is complete, we recommend that you check our website every 90 days from the date Of this letter to ensure that listed species presence/absence information for the proposed project is current. '" The above comments pertaining to endangered species under our jurisdiction are provided as technical assistance pursuant to the ESA. This response does not preclude additional Service comments under other legislation. Blanding's turtle (Emydoidea blandingii) sites are known within 5 miles of the proposed project area. The Blanding's turtle is considered a species of concern (formerly known as Category 2 Candidate species) by the Service and its status is being monitored throughout much of its range. Species of concern do not receive substantive or procedural protection under the ESA; however, the Service does encourage Federal agencies and other appropriate parties to consider these species in the project planning process. An evaluation of any existing habitat and its ability to support the Blanding's turtle should be completed. If the evaluation indicates that the site has the potential to support the Blanding's turtle or its habitat, the site should be surveyed by a qualified person to determine the presence or absence of this species. As stated above, the Indiana bat and bog turtle are listed as endangered, and the Blanding's turtle and bald eagle are listed as threatened by the State of New York. The New England cottontail is a New York State Species of Special Concern. Any additional information regarding the project and its potential to impact listed species should be coordinated with both this office and with the New York State Department of Environmental Conservation (NYSDEC). The NYSDEC contact for the Endangered Species Program is Mr. Peter Nye, Endangered Species Unit, 625 Broadway, Albany, NY 12233 (telephone: [518] 402-8859). For additional information on fish and wildlife resources or State-listed species, we suggest you contact the appropriate NYSDEC regional office(s) and the New York Natural Heritage Program Information Services. * Since wetlands, ponds, and/or streams may be present, you may want to utilize the National Wetlands Inventory (NWI) maps as an initial screening tool. lie However, they mayor may not be available for the project area. Please note that while the NWI maps are reasonably accurate, they should not be used in lieu offield surveys for determining the presence of wetlands or delineating wetland boundaries for Federal regulatory purposes. Online information on the NWI program and digital data can be downloaded from Wetlands Mapper, http://wetlands.fws.gov/mapper_tool.htm . 2 " Work in certain waters of the United States, including wetlands and streams, may require a permit from the U.S. Army Corps of Engineers (Corps). Ifa permit is required, in reviewing the application pursuant to the Fish and Wildlife Coordination Act, the Service may concur, with or without recommending additional permit conditions, or recommend denial of the permit depending upon potential adverse impacts on fish and wildlife resources associated with project construction or implementation. The need for a Corps permit may be determined by contacting the appropriate Corps office(s). lie In addition, should any part of the proposed project be authorized, funded, or carried out, in whole or in part, by a Federal agency, such as the Corps, further consultation between the Service and that Federal agency pursuant to the ESA may be necessary . Thank you for your time. If you require additional information please contact Robyn Niver at (607) 753-9334. Future correspondence with us on this project should reference project file 61212. Sincerely, ~A. ~~fj.(JJJ David A. Stilwell Field Supervisor ... Additional information referred to above may be found on our website at: http://www.fws.gov/northeast/nyfo/es/section7.htm cc: NYSDEC, New Paltz, NY (Attn: S. Joule/A. Ciesluk) NYSDEC, Albany, NY (Endangered Species; Attn: P. Nye) NYSDEC, Albany, NY (Natural Heritage) COE, New York, NY 3 New York State Department of Environmental Conservation Division of Fish, Wildlife & Marine Resources New York Natural Heritage Program 625 Broadway, 5th floor, Albany, New York 12233-4757 Phone: (518) 402-8935 · FAX: (518) 402-8925 Webslte: www.dec.state.ny. - ... ~ Denise M. Sheehan Commissioner JU11e 14,2006 Daniel G Koehler Hudson Land Design 176 Main Street Beacon, NY 12508 Dear Mr. Koehler: In response to your recent request, we have reviewed the New York Natural Heritage Program database with respect to an Environmental Assessment for the proposed Pacific States Subdivision, site as indicated on the map you provided, located in the Town of Wappinger, Dutchess County. Enclosed is a report of rare or state-listed animals and plants, significant natural communities, and other significant habitats, which our databases indicate occur, or may occur, on your site or in the immediate vicinity of your site. The information contained in this report is considered sensitive and may not be released to the public without permission from the New York Natural Heritage Program. The presence ofrare species may result in this project requiring additional permits, permit conditions, or review. For further guidance, and for information regarding other permits that may be required under state law for regulated areas or activities (e.g., regulated wetlands), please contact the appropriate NYS DEe Regional Office, Division of Environmental Permits, at the enclosed address. For most sites, comprehensive field surveys have not been conducted; the enclosed report Ponly includes records from our databases. We cannot provide a definitive statement on presence or absence of all rare or state-listed species or significant natural communities. This information should not be substituted for on-site surveys that may be required for environmental impact assessment. Our databases are continually growing as records are added and updated. If this proposed project is still under development one year from now, we recommend t~at you contact us again so that we may update this response with the most current information. Enc. cc: Reg. 3, Wildlife Mgr. Reg. 3, Fisheries Mgr. Natural Heritage ReporL on Rare Species and Ecological Communities ~ NY Natural Heritage Program, NYS DeC, 625 Broadway, 5th Floor, Albany, NY 12233.4757 (518) 402.8935 -This report contains SeNSITIVe Information that may not be released to the public without permiSSion from the NY Natural Heritage Program. -Refer to the User's Guide for explanations of codes, ranks and fields. -Location maps for certain species and communities may not be provided If 1) the species Is vulnerable to disturbance, 2) the location and/or extent Is not precisely known. and/or 3) the location and/or extent Is too large to display. Natural Heritage Report on Rare Species and Ecological Communities ~ FISH Ac/penser brev/rostrum Shortnose Sturgeon NY Legal StatUI: Endangered NYS Rank: S1; Critically Imperiled Office Use 1091 Fede~al Lilting: Endangered Global Rank: G3; Vulnerable Last Report: 1997 EO Rank: Excellent BOF County: Columbia. Putnam, Rensselaer. Rockland. Orange, New York, Dutchess, Greene, Westchel Town: Mount Pleasant, Saugerties, Bethlehem, City Of Rensselaer, City Of New York, Fishklll. City Of New Location: Hudson River, Hudson River Troy Dam. Hudson River Stuyvesant, Esopus Meadows, Hudson River He Directions: Sturgeon are found in the lower Hudson River from The Battery in New York City at Its Junction with Upper New York Bay upstream to the Federal Dam In Troy and in a portion of Schodack Creek. General Quality The population Is Increasing and Is in a stable habitat. Shortnose sturgeon are found in the long tidal and HabItat: portion of Hudson River. The river constitutes the lower part of a 315 mile stream system. It Is fed upstream by two large main channel streams, which provide 80% of the freshwater Input, and numerous othersmaller streams. Shores are predominantly steep with rolling hills with a very limited floodplain. The river Is bordered by saline to freshwater intertidal wetlands, Including salt marshes along the lower reaches. Aclpenser oxyrlnchus Office Use Atlantic Sturgeon NY Legal Status: Protected NYS Rank: S1; Critically Imperiled 11464 Federal Listing: Candidate for listing Global Rank: 03; Vulnerable Last Report: 1997 EO Rank: Excellent or Good County: Rockland, Dutchess, Putnam. Westchester, Orange Town: New Windsor, Newburgh, Stony Point, City Of Beacon. Cornwall. Highlands, Cortlandt. City Of Newb Location: Lower Hudson River Directions: The fish were observed in the lower Hudson River between Newburgh and Peekskill. General Quality The rank is based on the draft element global ranking form of 1994. The fish were observed In a and Habitat: river. Records Processed June 01, 2006 P::anD 1 ^, 1 Natural Heritage Map of Rare Species and Ecological Communities Prepared June 1, 2006 by NY Natural Heritage Program, NYS OEC, Albany, New York CJ Project Site NY Natural Heritage Program Database Records. ~ Plant IIIIJ] Animal E::J Community LEll Animal Concentration Area o 0.2 0.4 0.8 . Miles *The locations that are displayed are considered sensitive and cannot be released to the public without permission. N A DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278.0090 j0309.dJ 1 RH".V fO A1" NIiON {If" Regulatory Branch JUN 0 7 2005 SUBJECT: Permit Application Number 2003-01365_Y2 by Silverstein Realty, LLC and Pacific States Land Corporation 'l'hE:~ Chazen Companies C/o Ms. Louise A. Wold, Ph.D. Senior Environmental Scientist 21 Fox Street Poughkeepsie, 'New York 12601-4702 Dea:c Ms. Wold: On November 20, 2003, the New York D{strict 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 The Chazen Companies, as consultant for Silverstein Realty, LLC and Pacific States Land Corporation. The site consists of approximately la6.a acres, within the Hudson River Basin, in the Town of Wappinger, DutChess County, New York. In the letter received on ~vember 20, 2003, your office submitted a proposed delineation of the extent of waters of the United States within the project boundary. A site inspection was conducted by representatives of this office on A~ust 31, 2004, in ~ich it was agreed that changes Would be made to the doline.tion and that the modified delineation would be submitted to this office. On February a, 2005, this office recei~d the modified delineation. Based on the material submitted and the observations of the repreSentatives of this office during the site visit, this site has been determined to contain juriSdictional waters of the United Stotes 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 "Corps of Engineers Wetlands Delineation Manual," TeChnical Report Y-87-l, ond the presence of a defined water body which is part of a tributary system under the juriSdiCtion of the United States Army Corps of Engineers. Based on the above, it has been determined that the drawing entitled "Silverstein Realty, LLC & Pacific States Land Corporation, Wetland Survey, Town of Wappinger, Dutchess County, 1!1ew York", Sheet SPl, prepared by The Chazen Companies, dated I - . Sep1:.ernber 30, 2003, and last revised February 3, 2005, appears to be an accurate depiction of the extent of waters of the United States on the subject property. This drawing indicates that there are six (6) principal jurisdictional areas on the project sit,~. Area's one and two, designated as "Wetland AW", and "Wetlar.d C", consists of open water, palustrine forested, scrub shrub, and emergent wetlands, as well as an unnamed tributary to the Hudson River. Combined, these areas extend across the site from the southern property boundary to the northern property boundary and occupy approximately 21.3 acres and 12.66 acres within the project site. The third area, designated as "Wetland AC", consists of an unnamed tributary to the Hudson River and jncludcs palustrine forested wetlands. This area occupies approximately 0.62 acres in the northeast portion of the site. The fourth area, designated as "Wetland K" consists of a palustrine forested wetland, occupying approximately 0.14 acres in the central portion of the site. The fifth and sixth areas, designated as .,IIWetlands G" and Wetland H", consist of palustrine forested wetlands, occupying approximately 0.77 acres and 0.1 acres In the northwest portion of the site. This jurisdictional areas drain to an unnamed tributary to the Hudson River. It should be noted that, in light of 'the recent U.S. Supreme Court decision (Solid Waste Agency of Northern Cook County v. U.S. Ar.my Corps of Engineers, No. 99-1178, January 9, 2001), the- wetland areas designated as liB, E, and F", as shown on the above referenced drawing do not meet the current criteria of waters of the United States under Section 404 of the Clean Water Act. The Court ruled that isolated, intrastate waters can no longer be considered waters of the United States, based solely upon their use by migratory birds. This determination regarding the delineation shall be considered valid for a period of five years from the date of this letter unless new information warrants revision of the determination before the expiration date. Enclosed is a Notification of Administrative Appeal Options which provides information on your acceptance of this approved jurisdictional determination. This delineation/determination has been conducted to identify the limits of the Corps Clean Water Act jurisdiction for the particular site identified in this request. This delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service prior to starting work. 2 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 Sit0 involve such discharges, authorization from this office may be llecessary prior to the initiation of the proposed work. The ex~ent of such discharge of fill will determine the level of author:i zation that would be required. It any questions should arise concerning this matter, please con~,'lct James H. Cannon, of my staff, at (917) 790-8412. Sincerely, Section Enclosur'es cf: NYSDEC - Region 3 Town of Wappinger 3 ! NOTIFICATION OF ADMINJST~TIV]J:APPEAL OPTI()NSANDPROCESS AND REQUESt }i'OllAPPEA,L Appli..:ant: Sih,:I'~ll.:in Really, I.LC and Pacific Stlltes Land Filc Number: 2003-01365 DatcJl! ~. O~ t)n{~!" '.' C()1'\~o""tion Jd l i..UU,) . Attacl1,'d is: Scc Section Bclow INITIAL PROFFER ED PER tv! IT (Slundard Pcnl1it or Lettcr of Pcrmission) A PROrFERED PERt"II'!' (Standard Permit nr Lcttcr of PCI'mission) B PFRMIT DJ~NII\L C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following idcntjfies your rights and optionsfegardil1san administrative appeal of the aboyc decision.. Additionnl inform<ltion may hl~ found nt http://\,lsace.urmy,millinetlflll,ctiol)slc.v.:1c9Qwo!Teg or Corps ~egoliltions at 33 CFR Purt33i. . 1\: INITIAl. PROFFERED PERMIT: You may ~\cccpt or objcct to the pcrmit. , ;\('C'EP'I: If" yelll receivcd <I Standnrd Pcrmit, you Illay sign thc permit documcnt und rctum it to the New V ork District Enginel'r 1'01' final authoriz:ld'on. If yourceeivcd a Lctter of PCl1nission (LOP), YOll muy accept thc LOP and your work is allthori"ed, YOllr signatlll'c on the St.mdard Pcrmit or acceptance of thc LOP means that YOll .Iccept the permit in its entirety, .lI1d waive all nght~ to al'l)(.':11 the permit, including its tcmlS and conditions, and approved jurisdictional determinations (JD) assm:iatcd with thc permit. , OBJECT: If Yl1U objel.:tto the pcrmit (Stundnrd 01' LOP) bceause of certnin tCrms and conditions therein, you may request that the permit be l110dilied accordingly. You must complete Section II of this fon" and return the form to the New York District EngineC'!'. YOllr objections must bc rcceived by the New VOl'k District Engineer within 60 days of the date of this notice, or you will forfcit your right to lIppeal the permit in thc future. Upon receipt of your lettcr, the Ncw York District Engineer will evaluate YOllr objections and muy: (a) modify thc permit to IIddress all of your concerns, (b) modify the permit to addrcss some of )'0111' objections, or Cc) not modify the pcrmit having detcnnined that the permit should be issued as previously written. After evaluating yom objections, thc New York District Engineer will send you a proffered permit for your reconsideration, as indicakd in Section B hdow. 13 : PROfFERED PERMIT: Vou nHlY nocept or uppenl the permit. , ^(~C:EP'l': If" YOll received a Standard Permit, YOLl Il1t1Y sign the pernlit doeumcnt and return it to the New York District Engineer f"1ll' final authorization. J f you reccived u Letter of Permission (LOP), you may accept thc LOl> und your work is "\IthOl'i/l'd, Your signutlll'c on the Stnndllrd Permit or nceeptance of the LOP means that you accept thc pcrmit in its entirety, 1I1ld wail'e 1111 rights to lIppealthc permit. including its terms und conditions, and npprovcd jurisdictional determinations lIssocitltcd witb the pcrmit. , ,\IIPEAL: It' you choosc to decline the pl'ol1crcd permit (Stllndurd or LOP) because of certain terms and conditions thcrcin, you lllilY appcal thl' declincd pcrmit under the Corps of Enginecrs Administrativc Appeal Process by completing Section II of this fOl'm and sending the l'orm to thc North Atlantic Division Enginecr, ATTN: CENAD-ET-O, Fort Hamilton Military Community, Building 301. Gencml Lee A venue, I:3moklyn, NV 11252-6700. This form must be reeeivcd by the Division Engincer within 60 days of the date: of this notice. C' PERMIT Dl~NIAL: You may appcal thc denial of l\ permit under thc Corps of Engincers Administrative Appeal Process by (,'ol11plcting Section II of this f"Ol'm tlnd st:nc1ing the form to the North Atlantic Division Engineer, ATfN: CENAD.ET-O, Fort Ilami1!on M ililary Community, Uuilding 301, General Lee A venue, Brooklyn, NY 11252-6700. This form must be receivcd by the Divisl()I\ Engincer within 60 dnys of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: Vou may accept 01' appeal the approved Jl) or provide new infornlation. , ACCEPT: Vou do not necd to notify the Corps to accept un approved JD. Failure to notify the Corps within 60 days of the (Iat~. of lhis notice, mC:\Ils thllt you IIccept thc approved JD in its entircty, and waivc all rights to appeal the approvcd JD. , ^PPI2^I.: If" you disagree with the approved .ID, YOll may appeal the lIppmved JD under thc Corps of Enginecrs Administrativc ^ppc.t1 PnJ"cs~ hy completing Scction II of this fCll'm and sending the form to the division engineer. This form must be r"ccived hy the North ;\rlllntic Division Engincer within 60 days of the dute of this notice with a copy furnished to the New York District Engineer, I: PREl.I\lIN,\RY JURISDICTIONAL DETERMINATION: You ek) not need to respond to the Corps regarding the preliminary I Jl>, The Pn:liminury J I) is not lIppclIlublc. r f YOll wish,. Yl)ll mn>, request Ull upprovcd JD (which moy be appealed), by eontllcting thl~ C(wP$ district fnr furthcr instl'llelil1t1. A Iso you mny provide new infol111ntion for further considcnltion by thc Corps to n:cvlIluutc the .I D. . .. ,".' ..'. ...... ' .' .,." S~:CTION II . REQUEST FOR APPEAL .0.' gBJECTIQl'JS TQ ANJNI'J:'IALP~OprE.RED PERMIT RI:M;ONS FOK APPEAL OR OBJECTIONS: (Describe your rcnsons for appcaling the decision or your objections to un initiul proffered permit i1\ clc~\r cL)ncisc stutcmcnts. You mny allnch additional information to this 1'01111 to clurify where your rcusons 01' (lb.iectinl1s at\' uddn:ssed ill thc admlnistrutive record.) ADDITIONAL INFORMATION: The appeal is limited to n review of the administrative rccord, the Corps memorundum for the n:l'ord of the uppeul con ference or mceting, und any supplementul information that the review officer has determined is needcd \0 clarify thc udministrutive reL'ord. Neithcr the uppellant nor the Corps may add new information or analyses to the record. 1I0wever, YOll Inny provide lldditiLlIlal in formation to clarify the 10catio11 of information thut is already in the administrative record. " .....:'... ..... .....'....'. ',' .... '. POINT OF CONTACT FORQtjESTlq~S()~lNFQBM;\TION:, '.' ..... : .'. .' ." I j' YOll hllve qllestions regarding thi$ decision und/or the appeal process YOll may l'Ol1taet: Richmd 1.. T()mL~r U.S. Army Corps \)f Engincers, New York District .I~IL'nb K. Javits Federlll 13uilding New York, NY I027H-0090 (\) 17) 790-8510 If you only have questions regarding the appeal process YOll may IIlso contllet: Jumes W. Haggerty, Regulatory Appeals Review Officer North Atlantic Division, U.S. Army Engincer Division Fort Hamilton Military Community General Lee Avenue,l3uilding 301 Brooklyn, NY 11252-6700 (718) 765-7150 E-11la i I: James. W.H aggcrty@nud02.usuee.army.mil RIGIIT OF ENTR Y: Your signatl\l'c below grants the right of entry to Corps of Engineers personnel, and any government consultants. to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 dllY notice or nny site investigation, nnd will have the opportunity to participate in a1\ site investiglltiol1s. Dllte: Telephone number: Signllllln: of uppellal)t ur ligen!. 2 ,JURISDICTIONAL nETERMINATION U.S. 'Army Corps of Engineers Revised 8113/04 DISTRICT OFFICE: FILE NIII\IBEH: NEW YORK DISTRICT (CENAN) :003.01365 PRO,IEC")' LOCATION INFORMATION: SI:lle: New York COllnly: Dl1tche~s Cel\ler l'ollrd i IHI\C~ or ~ite (Ial illldc/I\1Ilgitlldc): 1:lt:41.3 3.1 O.OOSO lon:73-57-) 8.0160 ^ppmxilllatc ~il.e of arca (parccl) reviewed, including uplands: 186.8 acres. Nmnc Dr Ilcal'l:SI w:llcrway: Hudson River Nnl1le or w.Mrshed: HUDSON RIVER. POUGIIKEEPSIE TO TROY ,JLJIUSDJ('TIONAI. DETERMINATION ('UIIlJlll.tcd: Desktop dctel'lnin:ltion Site visit(s) [ ] [Xl Date: Dllte(s): August 31. 2004 .hll"istlictiolllll I)ctt'/'lIllnlltiull (.11>): r 1l'relimill.ll'Y .ID - Bascd on available information, [ ] there! C/ppear lu bl! (or) [ 1 tlrere appear to be I/O "waters uf the Ullited States" und/or "nuvigable waters of the United States" on the project siLeo A preliminary JD is not lIppcalable (Refcrence 33 (;FR part 331). IXI ^pprovcd .ID. All approvcd 10 is an appeahlble action (Reference 33 CFR part 331). Chcl'k all Ihat :Ipply: I .,./,C/'(' (1/'" "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within lhe reviewed arcu. Approximate size of jurisdictional area: I A J There lll'e "w:lIcrs of the United Stutes" (liS defined by 33 CFR part 328 and nssociated guidance) within the 1'l:\'ieWl'd llrea. Approxim.\tc size of jurisdictionalllTca: 35,59 acres, 1:\] '11/1'1'(' III'I! "i.wlatt'd, 1/nIl-IIUviifuble. illtl'o-slale! waters 01' wetlallds" witllin the reviewed area. I I Decision supported by SW ANCC/Migratory Bird Rule Infonmltion Sheet fOT Determination of No Jurisdiction, BASIS OF ,JURISDICTIONAL DI<:TEUMINATION: A. Watl'rs dct'lnt'lJ IIntlcr 33 CFR I)III-t 329 liS "nllvlgabJc waters of the United States": I ] The prescnce of' wuters !IUlt are subject to the ebb and flow of the: tide nnd/or are presently used, or h,lve been used in the past, or may be susceptible 1'01' use to transport interstate or foreign commerce. B. Watl'/'S dt'fincclundcr 33 CFR JllI/"t 328.3(a) as "waters of the United States": I 1 (I) Thl' pl'e~CIICC of wUtcr~, which lire cUl'I'elltly used. or were used in the past, or may be susceptible to use in interstatc 01' rOl'l'ign commcrce, including all waters which arc subject to the ebb and flow of the tide. I ] (2) The presence of interstate woters including interstate wetlands', I ] (,) The prescnce of othcr waters sueh as intrastate lukes, rivers, streams (including intermittent streams), mudflats, ~alldt1als, wClland~. sloughs, prairie potholes, wet meadows, playa lakes. 01' natural ponds, the use, degradation 01' dl:stl'Lll:lion Ill' which could affect interstate commerce including any such waters (check all that apply): ( I (i) which are 01' could be used by interstute or foreign travelers for recreational 01' other purposes. r I (ii) 1'1'0111 which fish 01' shellfish lire or eould be taken and sold in interstate or foreign commerce. I I (iii) which me or could be used for industrial purposes by industries in interstate commerce. I. .l (4) Impoundments of waters otherwise defined as waters of the US. IX] (5) The presence of a tributary to 1\ water identified in (1). (4) above, I: J ((l) Till' presencc of territorial seas. [XI (7) Thl' presence 01' wetlands adjaeent2 to other waters of the US, except for those wetlands adjacent to other wetlands. RlltiOl\ulc for the Basis of .Jul'lsdlctlonal Dctcl'lulnat\on (applies to any boxes checked above). If tJu.:jllrisdic/io/lalwate/' or 1I'l.'llul/(/ is I/O/ ils/'I/a IIl1l'igahlc wI/tel' of the United States, describe cOl/neefl'oll(s) to the downs/reI/III navigable walers', If IJ(1) or 1J(3) 1,IlIs"d liS II/(, JJllsls o/.Il1risc!ictio/l, documcllt /lavigabilityalld/or illlerslalecommercc COl/neelioll (i.e., discuss s.ite condi/iolls, il/ell/dillg why (/w wtlt('rlmdy I~' /lC/v/gaMe allcl/o/' how the des/rllc/ioll of /llI!. watl!rhocly could a,ffec/ ill/ers/ate ()/'foreign cOl/lmerce). (f'I/(2, 4, 5 or 6) /.1' used (IS III{' Basis of Jllrisdi(!tiOI/, docllml!/lt tire rationale! used to n/Clke tile determinatioll. Jf1J(7) is lIsed as Ihe !J(lsls ,!!.}lII'isrlir:lio//, rlO(.'III/WI/! Ihe I'lItiona/e IIsed 10 make! (Idj(/cellcy rleterminmion: Wetlllnds and unnamed tributaries drain to the I11Id~1l1l River. Llltcrlll Exlt'nt of .Jurlsdlctlun: (J~eferel\cc: 33 eFR pllrts 328 and 329) IX] Ordinary lIigh Wulcr Mark indicated by: [ ] High Tide Line indicated by: 2 1'-:1 ekal', l1al\lrallllh~ impressed on the bank IX) th~~ presencc lit' liltel' lIncl debris I. ) clwngcs in Ih,' chanlctcr ()f soil I I d~'strllction of terreslrial vegctlltiCln I I shclvill~ I I olhel', [ ) oil or scum line along shore objects [ ) fine shell or debris deposits (foreshol'e) [ ] physicall11arkings/chnracteristics [ ) tidal gages [ ) other: r I fvkall Ili~:h WOller M.lrk indic.lted by: l. I SllI'Ve) 10 aVlIilable dutum; [] physicnl mll1'kings; [] vegetation lines/changes in vegetation types. rXJ \Vet lallu boundaries. as shown on th~ attached wClland dclineation map und/or in a delineation report prepared by: The ('lulIe11 Companies, Basis JIm' Not Assl'rtlng Jurisdiction: r I The n'\'iewed mea consisls entirely of uplunds. I J Unabh: III confirm the presencc of w;lters in ~3 CFR part 328(0)( I, 2, or 4-7), l. J Ik.ldqual'lers declined to t1pprove jurisdiction on the basis of 33 CFR part 328.3(0)(3). I' J The Corps has made a case.spccific detcrmimllion that the following waters present ollthe site arc not Waters of lhe Unitcd Sl:lles: [ I Wasil.' treatmcnt systems, including tre<ltment ponds 01' lagoons, pursuant to 33 CFR part 328.3, I. I Anificially irrigntcd arcas, which would rcvert to upland if the irrigation ceased, I ) ^nif'i~'ial Inh~s <In<l ponds created by excavating und/or diking dry land to collect and rt'win "'<ltl.:r and which arc used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing, I Al'liflcial ret1ecting 01' swimming pools or other small ornumcntul bodics of water created by l.:xl:avaling and/or diking dry land to retnin watcr fOI' primarily aesthetic rcasons. I \Vat~'I-fi IIcd depressions crcated in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless IInd until the eonstru'ction or excavation opcration is ahandnn~'d <lnel the rcslIlting body of water meets the definition of waters of thc United States found at 33 CFR 32!U(lI), [Xj Isohltcd, intrastate wetland with no nexus to interstate commerce. I]Priol' convel'll.:d cropland, as determincd by the Natural Rcsourees Conservation Servicc. Explain rationnle: I J Non-Ildal dminllge or irrigation ditchcs excavatcd on dry land. Explain rationale: [ ] Othcr (explain): DATA REVIEWED FOR JURISDICTIONAL DETERMINATION (mark all that llPllly): [X] M<lps, plllns, plots 01' pInt submitted by or on behalf of thc applicunt. [Xl Dat:l slm~ts prepnred/submitted by or on behalf of the applicant. IX] This office concurs with the delincation report, dated November 19,2003, prepared by (company): Tht: Chuzen Co. I' .I This llffice docs not conclll' with the delineation report, datcd , prepared by (company): I Dutu sht'cts prepmcd by the Corps, I Curl's' nuvigable water~' studies: I Ill,S. Geologieul Survey Hydrologic Atl,lS: 1'.'\] U,S, GcologicuJ Survey 7.5 Minute Topogruphic maps: Wappinger F(llls I J U,S, G~'(llogicul Survcy 7.5 Minute Historic quadrangles: II U,S, Gcoltlgical Survey 15 Minute Historic quadrangles: [ 11IS[M Naturlll Resources Conservation Service Soil Survey:' I Xl Nutiomd wClll1nds invcntory l11ups:Wllppinger Fulls [ J Statc/L\l~'ul wctlund inventury maps: II FElvIA/FIRM maps (Mup Nmne & Date): [ J 1()().yclIr Floodplain Elevation is: (NGYD) I 1 Acriul Phott)gnlphs (Numc & Dute): IX:! Other phnttlgnlphs (D"tc): 11 Adv<lnl'cd Identification Wetland maps: IXJ Sill.' visilldctcrmination conducted on:8/31/04 11 Applicable/supporting case luw: r J Othcr inrill'll1ution (plellse specify): 'j\~i"~'li~;;~i~'~~;'~i;I~;iific(i'~;~.a ~icline':;'i;d-'{;;;~'g-iil;-r;iCih;;ls and critcria established in the Corps Wetland Delineation Manual (87 Manual) (i.t~" OCClll'rCnCe of' hydrophylic vcgetution. hydric soils und wetland hydrology), IThe terl1l "adJan:nt" n1cuns bmdering, contiguous, or neighboring, Wetlands separated from other waters of the U.S. by man-made dikes or barriC'rs. mltur:d river berms, beuch dunes, and the like arc also adjacent. , , I / / ,.., " _"""""'h~''''__"",_""_",__,,,_,,,,,,,,,,__,,,,,,,,,,,,,,,,,,,_,,,,,,,,,,,,,,.........,,,..........., Cr:l1lrwrl inll 12..S ~,':ulhllll'd I':o'd.! S('lllhb\II'~.. ( I ;':",l",~: I'h ("HI': (2m,l ';", (l. ,; 71 n rl,t,\: (:~GJ) :!.1.,;..~'::1,"..1.~ (i, ;',l.t.,ll '.L ,,;\ " -........."......"......--..-.......................".......................'''..... Nm'('mbL:'r J:I, lOUt) David Silver 29C )"ludsl111 Vif'\\' Dri,,!.:' Bcacon" /'\$1250:-: ,r'(,c: I \,'('ft'lIlId A ~;,';csslI!n.'1 CI.'I'!Sl'r1 rim/! /"tul'crl,l!, '{' f'" ' r" r' " I Oll'lI 0. ',""'()f"IlIJI~l'r, L)l(h',h'~~ C.L'!I!ll~/, ,'\r/"l' ) on' . 'l. ~. D(!i.lr D<1\'id: As n,'~lllcSll'd, [co[$j',k,ll Solution.., II.C compir'li.:'d (ill ,bSl'S~ll1l'Jlt of tilL' ~L"dC'l\ll judsdictiOIMI W\'tli'1nds nn H1t:' site nn NCH'emb('T" ()" 2009 tu dC't~'nnin(' if IlK' previously com pldt. wt'tlnnd lh'l irwn tinn ')cl'l'ptpd b)' the US !\ rmy Corps ot Fngil1{ov/'::> is db!) .l((,lll"<tte b"Sl'd till Chapter 1:\7 uf tILL' TIl\\'11 of \ViJpplllgl'r Code. Thl' \\'cll.md dclilll'cllintl as dl'piclL'd on thl' map prcpared by H ll\.I!-;'O:1 l.il:111 [)('sil'l1 ('J)lit!t'd, 'T\i::;til1P C\ll1l1iliol1s PliHl C'hel:"!',, I',ll'm"dflled I.kc('mhl~l' '.'~ , c" 'I, 200S is ,)I) ,KnH,H(' t1l'pktinn 01' till' k'lh'rnl i1nd TOWI1 t"'gUI.1kd wdl.mds on thl' property. If you 11.<1\'(' any qlh.'~tions, pJI'<lSI' ,'onlacl me. You r.So vcrr trql \', i "~:I .:: I ~,,' '7 ,1 ' LVI! J ~ / "v-.../'^-_......{ 1S.,(l.,~,~.._. .,"--., \'Hdmcl l\owicki Biologist