Department of the Army letter.08.16.2002REPLY TO
ATTENTION OF.
Regulatory Branch
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
ALBANY FIELD OFFICE
1 BOND STREET
TROY, NEW YORK 12180
AUG 16 2002
SUBJECT: Permit Application Number 2001-00902-YN
by Schermerhorn Properties, Inc.
Mr. Thomas Nace
Nace Engineering, P.C.
169 Haviland Road
Queensbury, New York 12804
Dear Mr. Nace:
RECEIVED
Au,], z 0 1002 61
TOpLN OF ANN NG OFFICERY
On May 29, 2001, the New York District Corps of Engineers
received a request for a Department of the Army jurisdictional
determination and authorization for the discharge of fill
material into waters of the United States to facilitate the
construction of a medical office building. The request was
submitted by Nace Engineering, P.C., as consultant for the
applicant. The site is located on a 5.2 acre parcel within the
82 acre "Baybrook Professional Park" which lies batween Bay and
Meadowbrook Roads, in the Town of Queensbury, Warren County, New
York.
At an inspection of the project site on June 19, 2002, a
representative of this office confirmed the extent of waters of
the United States on the subject property. In a pre -construction
notification submittal dated July, 2002, which included a drawing
e-.titled "Baybrook Professional Park, Medical Office Building,
Grading Drainage, and Wetland Disturbance Plan", prepared by Nace
Engineering, P.C., dated June 20, 2002, and revised July 16,
2002, the applicant indicated that the total impacts to waters of
the United States would involve the discharge of fill material
into a maximum of 0.21 acres of waters of wetlands. As
mitigation for the proposed impacts to aquatic resources, the
applicant proposes to establish 0.39 acres of wetlands from an
upland area that lies immediately adjacent to existing wetlands.
Based on the information submitted to this office, and
accomplishment of notification in accordance with the applicable
federal requirements, 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 39. The nationwide permits are prescribed as an
Issuance of Nationwide Permits in the Federal Register dated
January 15, 2002 (67 FR 2020). The work may be performed without
further authorization from this office provided the activity
complies with the permit conditions listed in Section B, No. 39,
Section C, any applicable New York District regional conditions,
the following special conditions, and any applicable regional
conditions added by the State of New York, copies enclosed.
Special Conditions
(A) The permittee shall accomplish compensatory mitigation
through the successful creation of 0.39 acre of freshwater
wetlands from uplands, as described and depicted in the drawing
"Baybrook Professional Park, Medical Office Building, Wetland
Mitigation Plan and Details", dated January 29, 2002 and revised
July 16, 2002, and in the aforementioned report in paragraph two
of this letter.
The permittee shall ensure that all proposed mitigation plantings
meet the federal wetland criteria outlined in the report entitled
"Corps of Engineers Wetland Delineation Manual", dated January
1987, with current Corps of Engineers guidance.
(B) The permittee shall erasure that all proposed mitigation
plantings have an eighty-five (85) percent survival rate and the
created wetland areas in conjunction with the compensatory
mitigation shall have an eighty-five (85) percent coverage rate
of hydrophytic plants (those with a regional indicator status of
FAC, FAC+, FACW +/-, or OBL in the report entitled "National List
of Plant Species that occur in Wetlands, Northeast [Region 1] ",
published by the U.S. Fish and Wildlife Service). The permittee
shall also ensure that the vegetation in the created wetlands
does not consist of more than a total of 10% areal coverage of
common reed (Phragmites australis) and/or purple loosestrife
(Lvthrum salicaria). If the survival and coverage rates are not
met by August 15, 2001, and each year of the monitoring period,
the permittee shall take all necessary measures to ensure the
level of survival and coverage by the end of the next growing
season, including re -planting and re -grading if necessary.
(C) The permittee shall provide to this office annual
reports on the status of the mitigation activities, prepared
during the growing season, no later than October 31 in each of
the following five (5) years after initiation of the activities
authorized by this letter. These reports shall include the
following at a minimum:
i. All plant species, along with their estimated
relative frequency and percent cover, shall be identified by
using plots measuring 10 feet by 10 feet with at least one
representative plot located in each of the habitat types within
the mitigation site. The location of each plot shall be
identified on the plan view engineering drawing.
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ii. vegetation cover maps, at a scale of one inch equals 100
feet, or larger scale, shall be prepared for each growing season.
iii. Photographs showing all representative areas of the
mitigation site shall be taken at least once each year during the
period between 1 June and 15 August.
iv. Surface water and groundwater elevations in
representative areas of the mitigation site shall be recorded
twice a month during April through September of each year. The
location of the monitoring well or gauge shall be shown on the
plan view engineering drawing.
V. A Corps of Engineers wetland delineation data sheet for
each cover type within the mitigation site.
If this office determines that the success criteria outlined in
(A) and (13) above has not been met for at least three consecutive
years during the five-year monitoring period, this period will be
extended until this office determines that the success criteria
has been met for three consecutive years.
(D) All grading and planting in conjunction with the
wetlands mitigation work shall be completed prior to the
completion of the discharge of fill authorized herein.
(E) The permittee shall ensure that no mowing of the
mitigation area shall occur.
(F) The permittee shall undertake the authorized filling
activities in a manner aimed at reducing impacts upon the general
environment. In addition, the permittee shall not stockpile fill
or other materials in a manner conducive to erosion, or in areas
likely to cause high turbidity runoff during storm events. All
exposed soils shall be re -vegetated in a timely manner to further
reduce potential effects. The permittee shall also fence off all
wetlands and other sensitive ecological areas during construction
periods to prevent equipment and personnel from entering these
areas.
(G) The permittee shall secure a conservation easement or
deed restriction on the wetland mitigation site to guarantee its
preservation for wetland and wildlife resources. Copies of the
instrument(s) effecting such easement shall be submitted to the
New York District Corps of Engineers for approval prior to
execution, and the instrument(s) shall be executed and recorded
with the Warren County Registrar of Deeds within one year
following the initial plantings/seedings of the mitigation site.
(H) The permittee shall assume all liability for
accomplishing the corrective work should the New York District
determine that the compensatory mitigation has not been fully
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satisfactory. If the New York District does not find the
mitigation satisfactory, an extension of monitoring time may be
required to cover any necessary remedial work.
(I) The permittee shall not initiate any activities on the
project site until notified by this office that the requirements
of the Federal Endangered Species Act have been satisfied.
(J) The permittee shall not initiate any activities on the
project site until a revised drawing is submitted to this office
that clarifies the size of the proposed wetland creation area.
Drawing W-3, entitled "Wetland Mitigation Plan and Details",
revised July 16, 2002, presently indicates the area is 1.33
acres.
(K) If wetland impacts are anticipated to access the
mitigation area, the permittee shall notify this office and shall
provide a drawing showing the affected area, temporary erosion
control measures, and a restoration plan. The permittee shall
not initiate the work until the aforementioned submittal has been
reviewed by this office and has-been notified that they may
proceed with the work.
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 i.r.aterials,
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 for a period of two years from
the date of this letter, unless the nationwide permit is
modified, suspended or revoked. This verification will remain
valid for two years from the date of this letter if the activity
complies with the terms of any subsequent modifications of the
nationwide permit authorization. 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.
It should be noted that additional waters of the United
States exist within the remainder of the 82-acre site known as
"Baybrook Professional Park". Any future impacts on the
remainder of the site will be reviewed cumulatively with the
impacts authorized by this letter.
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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.
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 Kevin Bruce, of my staff, at (518) 273-7420.
Sincerely,
e rge Nieves
Chief, Western Permits Section
Enclosures
cf: NYSDEC - Region 5, Warrensburg (5-5234-00287/00003)
Town of Queensbury
Schermerhorn Properties, Inc.
USFWS, Cortland
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