HomeMy WebLinkAboutTR-458 AmendFRANK A. KUJAWSKI, JR., President
ALBERT J. KRUPSKI, JR., Vice-President
JOHN M. BREDEMEYER, III
JOHN L. BEDNOSKI, JR.
HENRY P. SMITH
TELEPHONE
(516) 765'1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
June 2, 1989
J.M.O. Consulting
PO Box 361
Wading River, N.Y. 11792
Re: Amendment of Permit No. 458 - Marjorie Todd
Dear Mr. Just:
The following'action was taken by the Board of Town Trustees
during their regular meeting held on May 31, 1989 regarding your
request to amend the above permit.
RESOLVED that the'Town Trustees Approve the request of J.MoO.
Consulting on behalf of Marjorie Todd to amend permit number 458
to reflect construction of 63' timber bulkhead and backfill with 30
cu. yds. clean sand to be trucked in from an upland source.
This letter is to notify you that we will amend permit on
payment of fees for work to be done and the amended permit shall take
effect as soon as payment is received. All other terms and
conditions in the original permit granted shall remain.
FEES DUE: $378.00-- 63' bulkhead at MHWM @ 6.00 per lin. ft.
FAK:jas
cc: CAC
Very truly yours,
Frank A. Kujawski, Jr., President
Board of Trustees
Board Of $outhold Town Trustees
S.OUTHOLD, NEW YORK
PERMIT NO ......
DATE: ~ne !.,..!989
Pursuant to the provisions of Chapter 615 of the Laws of
the State of New York, 1893; and Chapter 404 of the Laws of the
State of New York 1952; and the Southold Town Ordinance en-
titled "REF=ULATINC= AND THE PLACINC= OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND, C=RAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" and in accordance with the
Resolution of The Board adopted at a meeting held on
19._$9 .... and in consideration of the sum of $ ........................... paid by
of .......................................................................................... N. Y. and subject to the
Terms and Conditions listed on the reverse side hereof,
of Southold Town Trustees authorizes and permits the following:
To construct 63' timber bulkhead at MHWM on property ~.~.-'-_
located at Bayview Dr., East Marion, N.Y.
all in accordance with the deta;led specifications as presented in
the originating application.
IN WITNESS WHEREOi
by causes its Corporate Seal
be subscribed by a maiorlty
The said Board of Trustees h~ere-
be affixed, and these presents
Board as of
TERMS and CONDITIONS
The Permittee MARJf3~T¢. q'CH3D
residingat Bayview Drive, East Marion, N.Y.
N.Y., as
part of the consideration for the issuance of .the Permit does understand and prescribe to the fol-
lowing: Southold Town Trustees Permit must be prominentley displayed
on premises effected during the l~eriod of work.
1. That the said Board of TruStees anit the Town of Southold axe released from any and
all damages, or claims for damages, of suits arising directly or indirectly as a result of any oper-
ation performed pursuant to this permit, and the said Permittee will, at his or her own expeme,
defend any and all such suits initiated by third parties, and the said Permittee assumes full liability
with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold
2. That this Permit is valid for a period of 24 mos. which is considered to be the
estimated time required to complete the work involved, but should circumstances warrant, request
for an extension may be made to the Board at a later date.
3. That this Permit should be retained indefinitely, or as long as the said Permi~tee wishes
to maintain the structure or project involved, to provide evidence to anyone concerned that auth-
orization was originally obtained.
4. That .the work involved will be subject to the inspection and approval of the Board or
its agents, and non-compliance with the provisions of the originating application, may be c~_use for
revocation of this Permit by resolution of the said Board.
5. That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
6. That there shall be no interference with the right of the public to pass and repass along
the beach between high and low water marks.
7. That if future operations of the Town of Southold require the removal and/or alterations
in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the
work shall cause unreasonable obstructaon to free navigation, the said Permittee will be required,
upon due notice, to remove or alter this work or project herein stated without expenses to the Town
of Southold.
8. That the said Board will be notified by the Permittee o: the completion of the work auth-
orized.
9. That the Permirtee will obtain all other permits and consents .that may be required sup-
plemental to this permit which may be subject to revoke upon failure to obtain same.
FRANK A. KUJAWSKI, JR., President
ALBERT J. KRUPSKI, JR., Vice-President
JO[IN M. BREDEMEYER, III
JOHN L. BEDNOSKI, JR.
HENRY P. SMITH
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
October 12, 1988
TELEPHONE
(5i6) 765-1892
Mr. Glenn Just ~'
J.M.O. Consulting
N. Country Road
Box 361
Wading River, New York
11792
Re: Marjorie Todd
Dear Mr. Just:
The following action was taken by the Board of Town
Trustees during their regular meeting held on September 29, 1988
regarding the above matter:
WHEREAS after an on site inspection was conducted by the
Trustees it was determined that it would be better for the
applicant to place a suitable fill material and replant and
revegetate in front of the bulkhead as opposed to putting hard
material on this site
WHEREAS there is ~a healthy marsh fringe around the entire
perimeter of the creek and in front of the stone wall, except in
the area of the jut where the bulkhead is located, NOW THEREFORE
-BE IT
RESOLVED THAT THE TRUSTEES DENY the request made by J.M.O.
Consulting on behalf of Marjorie Todd to amend permit No. 458
because of the potential impact that the stone would have on the
environment.
cc: Bldg, Dept.'s'
DEC, Stony Brook/
Very truly yours,
Frank A. Kuj~wski, Jr.
President
Board of Town Trustees
_-~MIT NUMBER
-87-1746
FACI[IIY/PROGRAM NUMBER(s}
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
PERMIT
Under the Environmental Conservation Law
[---"~ Article 15, Title 3; 6NYCRR 327, ~ 6NYCRR 608:
328, 329: Aquatic Pesticides Water Quality Certification
~ Article 15, Title 5: ~ Article 17, Titles 7, 8: ~-~
Protection of Water SPDES
[-'----[ Article 15, Title 15: ~ Article 19: [------'-]
Water Supply Air Pollution Control*
[--~ Article 15, Title 15: [~----[ Article 23, Title 27: [---'--[
Water Transport Mined Land Reclamation
Long Island Wells Freshwater Wetlands
l-----1 Article 15, Title 27: N--New, R--Renewal, M--Modification,
Wild, Scenic and Recreational C--Construct (*only), O--Operate (*only)
Rivers
EFFECTIVE DATE
2/]2/88
EXPIRATION DATE(s)
3/31/90
Article 25:
· Tidal Wetlands
Article 27, Title 7; 6NYCRR 360:
· Solid Waste Management*
Article 27, Title 9; 6NYCRR 373:
· Hazardous Waste Management
Article 34:
· Coastal Erosion Management
Article 36:
· Floodplain Management
Articles 1, 3, 17, 19, 27, 37;
6NYCRR 380: Radiation Control
PERMIT ~SSUED TO
Marjorie Todd
ADDRESS OF PERMITTEE
388 Beachwood Rd., Ridgewood, NJ 07450
AGENTFORPERMITTEE/CONTACTPERSON Glenn Just I TELEPHONENUMBER
J.M.O. Consulting, P.O. Box 361, N. Country Rd., Wading River, NY]11792
NAME AND ADDRESS OF PROJECT/FACILITY (If different from Permittee)
Spring Pond, Bayview Dr., SCTM No. 1000-37-5-003
LOCATION OFPROIECT/FACILITY I COUNTY TOWN/CITY/VILLAGE UTMCOORDINATES
East Marion I Suffolk Southold
DESCRIPTION OF AUTHORIZED ACTIVITY
Construct a 63~ timber bulkhead and backfill with 30 cubic yards clean sand
trucked in from an upland source. Work to be in accordance with attached plans
apProved by NYSDEC prepared by J.M.O. Consulting dated 1/7/88 (latest revision).
GENERAL CONDITIONS
By acceptance of this permit, lhe permillee agrees thai the permit is contingent upon strict compli-
ance with the ECL, all applicable resulalions and the conditions specified herein or attached hereto.
1. The permittee shall file in the office of the appropriate regional permit administrator, or other office designated in the special conditions, a notice of intention to commence
work at least 48 hours in advance of the time of commencement and sball also notify him/her promptly in writing of the completion of the work.
2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if
the public interest so requires pursuant to ECL §71-0301 and SAPA §401(3).
3. The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages, dired or indirect, of whatever nature, and by whomever
suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and descrip-
tion resulting from the said project.
4. The Department reserves the right to modify, suspend or revoke this permit at an,/time after due notice, and, if requested, hold a hearing when:
a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found; or
b) the permit was obtained by misrepresentation or failure to disclose relevent facts; or
c) newly discovered information or significant physical changes are discovered since the permit was issued·
The perm]tree is responsible for keeping the permit active by submitting a renewal application, including any forms, fees or supplemental information which may be required
by the Department, no later than 30 days (180 days for SPDE5 or Solid or Hazarduous Waste Management permits) prior to the expiration date.
This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to pe;form the
permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit.
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way which may be required for this project.
Issuance of this permit by the Department does not, unless expressly provided for. modify, supersede or rescind an order on consent or determination by the Commissioner
issued heretofore by the Department or any of the terms, conditions, or requirements contained in such order or determination.
\ny modification of this permit grante~p~t~s~e in writin8 and attached hereto.
~R~,) ,SSD.^NCE DATE PER~,T ~,~,S~O~ / ~.~ss
12/88 Alfred T. Kellar ~ldg. 40 SONY
',THORIZED SIGNATURE
cc: B~P
219 Stony Brook,
NY 117t4
Page I of 4
,6)--25c
~IqAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5}, 24, 25, 34, 36 and 6 NYCRR Part 608 (
'.~t if future operations by the State of New York require an al-
teration in the position of the structure or work herein authorized, or
if, in the opinion of the Department of Environmental Conservation 14..
it shall cause unreasonable obstruction to the free navigation of said
waters or flood flows or endanger the health, safety or welfare of
the people of the State. or cause loss or destruction of the natural
resources of the State. the owner may be ordered by the Department to
remove or alter the structural work, obstructions, or hazards caused 15.
thereby without expense to the State. and if, upon the expiration or
revocation of this permit, the structure, fill. excavation, or other 16.
modification of the watercourse hereby authorized shall not be com-
pleted, the owners, shall, without expense to the State, and to such
extent and in such time and manner as the Department of Environmental
Conservation may require, remove all or any portion of the uncompleted
structure or fill and restore to its former condition the navigable
and flood capacity of the watercourse. No claim shall be made against
the State of New York on account of any such removal or alteration.
17.
.1.1. That the State of New York shall in no case be liable for any damage
or injury to the structure or work herein authorized which may'be caused .1§.
by or result from future operations undertaken by the State for the
conservation or improvement of navigation, or for other purposes, and
no claim or right to compensation shall accrue from any such damage.
12. Granting of this permit does not relieve the applicant of the responsi-
bility of obtaining any other permission, consent or approval from .19.
the U.S. Army Corps of Engineers. U.S. Coast Guard, N~w York State
Office of General Services or local government which may be required.
'13. All necessary precautions shall be taken to preclude contamination
of any wetland or waterway by suspended solids, sediments, fuels,
solvents, lubricants, epoxy coatings, paints, concrete, leachate or any
other environmentally deleterious materials associated with the
project.
Any material dredged in the prosecution of the work herein permitted
shall be removed evenly, without leaving large refuse piles, ridges across
the bed of a waterway or floodplain or deep holes that may have a
tendency to cause damage to navigable channels or to the banks of
a waterway.
There shall be no unreasonable interference with navigation by the work
herein authorized.
If upon the expiration or revocation of this permit, the project hereby
authorized has not been completed, the applicant shall, without expense
to the State, and to such extent and in such time and m~nner as the
Department of Environmental Conservation may reqdire, remove all Or
any portion of the uncompleted structure or fill and restore the site
to its former condition. No claim shall be made against the State of
New York on account of any such removal or alteration.
If granted under Article 36, this permit does not signify in any way
that the project will be free from flooding.
If granted under 6 NYCRR Part 608, the NYS Department of Environ-
mental Conservation hereby certifies that the subiect project will not
contravene effluent limitations or other limitations or standards under
Sections 301,302. 303, 306 and 307 of the Clean Water Act of 1977
(PL 95-217) provided that all of the conditions listed herein are met.
All activities authorized by this permit must be in strict conforman~'e
with the.approved plans submitted by the applicant 6r his agent as part
of the permit application.
JMO Consulting
Such approved plans were prepared by
latest revisiOnon I/7/88
SPECIAL CONDITIONS
1. There is to be no disturbance to tidal wetlands vegetation as a result of this
project.
No construction material, fill or construction debris is to be allowed to
enter the wetlands or ~aterways.
Supplementary Special Conditions (A) thru (J) attached.
Additional Supplementary Special Conditions (M) (N) attached.
DEC PERMIT NUMBER
10-87-1746
PROGRAM/FACILITY NUMBER [
N/A' ' Page 2 of 4
SUPPL~2.~ARY SPECIAL CONDITI(,,~b
The following conditions apply to all permits:
A.
Ce
If any of the permit conditions are unclear, the permittee shall contact
the Division of Regulatory Affairs at the address and t~tephone noted below.
A copy of this permit or approval and supplementary conditions shall be
available at the project site whenever'auth°rized work is in progress.
The permit sign enclosed with the permit or a copy of letter of approval
shall be protected from the weather and posted in a conspicinus location
at the work site until completion of authorized work.
At least 48 hours prior to commencement of the project, the permittee shall
complete and return the top portion of the enclosed receipt form certifying
that he is fully aware of and understands all provisions and conditions of
this permit. Within one week of completion of the permitted work, the
bottom portion of that form shall also be completed and returned.
For projects involving activities to be accomplished over a period er more
than one year, the permittee shall notify the Regional Permit Administratcr
in %.~iting at least 48 hdurs to the commencement of resumption of work each
year.
If project design ~modifications take place after permit issuance, the
permittee shall submit the appropriate plan changes for approval by the
Regional Permit Administrator prior to undertaking any such modifications'
The permittee is advised that substantial modification may'require sub-
mission of a new application for permit..
Ail necessary precautions shall be taken to preclude contamination of any
wetlands or wate~ay by suspended solids, sediment, fuels, solvents,
lubricamts, epoxy coatings, paints, concrete, leachate or any other
environmentally deleterious materials associated with the project work.
Any failure to comply precisely with all of the terms and conditions of
this permit, unless authorized in writing, shall be treated as a violation
of the Environmental Conservation Law.
The permigtee is advised to obtain any permits or approvals that may be
required from the U.S. Department of Army Corps of Engineers, NY District,
26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions
Br~nch), prior to commencement of work authorized herein.
The granting of this permit does not relieve the permittee of the
· responsibility of obtaining a grant~ easement, or other necessary approval
from the Division of Land Utilization, Office of General Services, Tower
Building, Empire State Plaza, Albany, h~ 12242, which may be required for
any encroachment upon State-owned lands under water.
Regional Permit Administrator
NYS Dept. of Environmental_Conservation
Bldg. 40, SUb~--Room 219
Stony Brook, NY 11794
(516) 751-7900
Page 3 of~
Tt~ FOLLOWIIIG CONDITIOIIS SUALL APPLY IF CHECIIED AS APPLICABLE
BY THE REGIOUAL PER2~IT AD~II~.ISTP~TOR:
K. Ail dredging shall be conducted so as to leave a unifozm
bottom elevation free of mounds or holes.
me
Ail spoil material shall be disposed of either tn the
Atlantic Ocean or at an app~ove~ U.S. Governme~t Dumping
Ground~ as directed by the District Engineer, UoSo Depart-
ment of the Army, Corps of Engineers. Any spoil material
not intended for such water disposal shall be removed from
the site and disposed of at an approved upland site.
Ail fill and spoil material shall be suitably contained at
the work site so as to prevent its e~oding, lea~hing or other-
wise entering into adjacent watlands and waterways.
Ail peripheral rip-rap berms, cofferdams, rock revetments,
gabions, bulkheads, etc. shall be completed prior to placement
of any fill material behind such structures.
Ail repairs to existing structures shall be confined to re-
placement of existing structural elements with no change in
design, dimension, or materials, unless specifically
authorized herein.
REGIONAl, PE~.~IT ADI~It]ISTRATOR
Division of Regulatory Affairs
I~S Deft. of Environmental Conservation
Bldg. 40, SU~, Room 219 '
Stony Brook, ~,~ 11794
(516) 751-7900
Page 4 of 4
1987
CHARLES T.
Chief, }'k~RINE REGULATOFJf
1RS DEC, Bureau of Narine Habitat Protection
Bldg. 40, SU~Df, Rm. 225
Stony Brook, H. Y. 11794
Re:
Permit No.
Issued To.
Contractor's Address.
Contractor's Phone #
Dear Sir: Contractor's l~ame
Pursuant to General Condition No. 1 of the above referemced permit
are hereby notified that the authorized activity shall ccmmence on
. This Notice is to be sent at least two days
vance of commencement of the project. The Permit sign will be post~6 at
the site and copy of Permit will be available ag site for inspection.
Submitted by
DAT~; ,,
FAILI~E TO NOTIFY OR POST SIGII UILL LEAVE OIR]ER/A}]D/OR COI.!TP~Ci'OK SUB
JECT TO APPLICABLE PENALTIES FOR NOIr-COmPLIANCE I'!ITH PEI~[IT CONDITIOI'.~.
CiiAP~E~ T. tL~iILTON
Chief, Marine Regulatory Section
I~S DEC, Bureau of }Iarine Habitat Protection
Bldg. 40, SUIqY, Rm. 225
Stony Brook, N. Y. 11794
Re:
Permit ITo.
Issued To.
Contractor's' Address.
Contractor's Phone #
Dear Sir:
Contractor's Name
Pursuant to General Condition No. 1 of the above referenced permit, you
are hereby notified that the authorized activity was completed on
Submitted by
DATE:
TIiIS I]OTICE, !'~ITtI PHOTOS OF COMPLETED I.!OP_K AND/OR COt~LETED SURVEY, IS
TO BE SENT TO ABOVE ADDRESS PROMPTLY UPOU, COP~LETION OF PROJECT. FAILUPd~
TO I.'IOTIFY I'D_LL LEAVE O~.R]ER Ai~D/OR COtFrP~ACTOR SUBJECT TO APPLICABLE
PENALTIES FOR i]ON-COI~LIAtlCE WITH PEP~IT COI~*DITIONS.
Itl
New York State Department of Environmental Conservation
Building 40--SUNY, Stony Brook, New York 11794
(5].6) 751-7900
AMENDMENT TO PERMIT
Former
Permit # (if any):
Thomas C. Jorling
Commissioner
Owner
.%'~ ,~-
RE: Permit No. & Location: ti: _W?_ITL/L
Dear
~/~"" You~ ~ecent request Eo extend the above permit has been :eviewed
pu~suan~ to 6NYCRR, Pair 621. It tias been dete[mined that there has not
been a mate:ia1 change ~n environmental conditions, relevant technology
applicable law o[ [e9ulations since the issuance o[ the exist&rig permit;
therefo[e, the expl~ation date is extended to ..... .
You~ ~ecent to the above has been [eviewed
request
mod[~
permit
pu[suant to 6~YCRR, Pa~t 621. It has been determined that the p[oposed
modifications wilt not substantially change the scope o~ the pc[mitred
actions o~ the ex~sEin9 permit conditions.
_
There[o~e, the pe~m,E Ls amended to authorize-(~-['~~-~ ~A ~'~'--'-
posted at the ~ob si~e,
All other terms and conditions remain as written in the original permit.
Very truly yours,
Deputy Regiona%3Permit Administrator
,SCALE
15 ~0
SECTION .. BE..
M LW ~'
INTERTIDAL
3'
MARSH
G _PRING_.t~ND
-'WADING
/' = 3~000~
2 20 '//-tl 07 '
· C. T.~. No. /ooo-o37-o5-
oo$
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