Timber Creek Homes, Inc. Diddell Rd. DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K.DAVITS FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
FEB o 2 2000
REPLY TO
ATTENTION OF.
Regulatory Branch
SUBJECT: Permit Application Number 1999-08820-YS �
C /
by Timber Creek Homes, Inc .
Robert G. Torgersen rea 0
Landscape Architecture and
Environmental Services T F
Three Main Drive �Wk C�0;V
Nanuet, New York 10954k N
Dear Mr. Torgersen:
On June 30, 1999, the New York District of the U. S . Army
Corps of Engineers received a request for a Department of the
Army jurisdictional determination and authorization for the above
referenced project . This request was made by Robert G.
Torgersen, as consultant for Timber Creek Homes, Inc. The site
consists of approximately 62 .623 acres, in the Hudson River
basin, located on Diddell Road in the Town; of Wappinger, Dutchess
County, New York. The proposed project would involve the
construction of a 3-lot residential subdivision.
In . the... letter _received- on June 301 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 November 23 ,
1999, 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 December. 9, 1999, this office received the
modified delineation.
Based on the material submitted and the observations of the
representative of this office during the site visit, it has been
determined that the . drawing entitled "Map Depicting Lands of
Timber Creek Homes, Inc. Town of Wappinger Dutchess County, New
York Final Subdivision Plan" , prepared by Civil Technologies and
Engineering, P. C. , dated March 8 , 1999, and last revised November
23 , 1999, appears to be an accurate depiction of the extent of
the waters .:ot the United States on the subject site. This
drawing indicates that there are four (4) principal wetland areas
on the .project. site.
The first wetland (Area "A") is located on the southern
portion 'of the property, near Diddell Road, and is approximately
0 . 764 acres within the subject property. The second wetland
(Area "B") is located just east of Wetland A and is approximately
0 .215 acres . The third wetland (Area "C" ) is located on the
northern portion of the property and is approximately 5 .431 acres
within the subject property. The fourth wetland (Area "'D") is
located in the southwest corner of the property, approximately
450 feet northwest of Wetland A, and is approximately 0 :329 acres
within the subject property. These wetlands 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.
The above referenced drawing also indicated that the total
proposed impacts to waters of the United States would involve the
discharge of fill material into approximately 0 .33 acres for the
construction of an access road.
Based on the information submitted to this office, 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 Department of the Army
Nationwide General Permit Number 26 . The nationwide permits are
prescribed in the December 13 , 1996 Federal Register, Final
Notice of Issuance, Reissuance, and Modification of Nationwide
Permits (61 FR 65874) . The work may be performed without further
authorization from this office provided the activity complies
with the permit conditions listed in Section B, No. 26, Section
C, and any applicable regional conditions added by the State of
New York, copies enclosed.
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 until February 11, 2002 . 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.
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Within 30 days of the completion of the activity authorized
by this permit and any mitigation required by this permit, you
are to sign and submit the attached compliance certification form
to this office.
If any questions should arise concerning this matter, please
contact Brian A. Orzel, of my staff, at (212) 264-0183 .
Sincerely,
eorge N' v s
Chief, W ern Permits Section
cf : NYSDEC - Region 3
Town of Wappinger
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