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HomeMy WebLinkAboutWADE, GUSTAVEDRAFT ENVIRONMENTAL IMPACT STATEMENT FOR GUSTAVE WADE Location: 1000 East Road Town of Southold County of Suffolk Lead Agency: Town of Southold Board of Trustees 53095 Main Road Southold~ New York 11971 Contact Person: John Bredemeyer, President Southold Zoning Board of Trustees (516) 765-1809 Prepared by: En-Consultants 1329 North Sea Road Southampton, New York 11968 Date of Acceptance: Last Date for Comments: Final Environmental Impact Statement For Gustave Wade Location: Lead Agency: Contact Person' 1000 East Road Town of Southold County of Suffolk Town of Southold 'Board of Town Trustees 53095 Main Road Southold, New York 11971 John Bredemeyer, President Town of Southold Board of Town Trustees (516) 765-1892 Prepared by: Suffolk Environmental Consulting, Inc. P. O. Box 958 Water Mill, New York 11976-0958 Date of Acceptance: JAMES A. SCHONDEBARE TOWN ATTORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 TO: FROM: DATE: RE: Trustees James A o Schondebare. Town June 12, 1989 Article 78 Wade Attorney~ As you are aware the Article 78 by Gustave Wade was dismissed by Justice John V. Vaughn on June 7, 1989. The court has ordered us to submit a judgment. We will prepare same and submit to the court. Being that this matter never goes away and pops up on different occasions. I am sending a copy of the courts decision to other departments so they can have it on file. CC: Town Board Planning Board Zoning Board of Appeals Building Department MEMORANDUM SUPREME COURT, SUFFOLK COUNTY 'In the Matter of the Application of GUSTAVE WADE, Petitioner, -against - FRANK A., KUjAWSKI, JR., ALBERT J. KRUP~K~, JR., JOHN M. BREDEMEYER,III( JOHN L. BEDNOSKI, JR., and HENRY P. SMITH, cOnstituting the Board of Trustees of Town of Southold, Respondents. . McNUI'T~, DiPIETRO & SPIESS, Esqs. ...... Attorneys for Petitioner 633 East Main St., PO Box 757 Riverhead, N. Y. 11901 SPECIAL tERM Index #89-978 BY J.V. VAUGHN, J. S. C. DATED June 7, JAMES A. SCHONDEBARE, Es.]. Attorney for Respondent Town Hall, P.O. Box 1179 Southold, N. Y. 11971 This is an Article 78 Proceeding to set aside the determination of the Respondents, Board of Trustees, denying, without a hearing, petitioner's ap- plication to build a bridge over the Trustees' land. Petitioner had initiated two prior Article 78 Proceedings, relating to this property, requesting an easement or a quit-claim deed to certain property owned by the Trustees adjacent to petitioner's property. The first proceeding resulted in a remand to the Board of Trustees, directing them to make Findings-of Fact (Luciano, J., June .14, 1984), and the second termi.ma_ted with an order dis- missing the petition after finding the claim was without merit (Brown, J., Dec. 30, 1985). As a result of this action a building permit was revoked by the Zoning Board of Appeals and this, too, was confirmed by the Court (Brown). No appe21 was taken from the latter decision. Thereafter, in August of 1988, petitioner applied for permission to build a bridge over the same property for which he had been deni(:d an easem(:n~. By a lett(~,r dated Dec. 16~ 1988, the Board of Tr~,stees denied the application without a hearin9 based upon its earlier 1983 decision denying the easement. At the time of the 1983 application, petitioner was the contract Vendee: of the property, but is now the record owner. SUPREME COURT. SUFFOLK COUNTY Peti ti oner WADE BOARD OF TRUSTEES, Respondents MEMORANDUM SPECIAL TERM BY VAUGHN J. S. C. DATED June 7, 19 89 ........... ? ....... ~ ..... The record establishes that the petitioner is the owner, of a parcel of land, approximately _15,000 square feet, in the Town of Southold which, prior to 196~, was formally a "meadow island" (Geiler, J., Sept. 12, 1977). In the late 1960's, landfill from a dredging operation conducted by the County' of Suffolk was deposited in a portion of East Creek adjoining this island, and 'thereby connecting it to the main land, changing it from an island to a peninsula. Furthermore, as a result of the dredging and filling, a land ma§i--was created in an area which lay between what is now petitioner's property and the terminus of East Road, a public highway in the Town of Southold. In June, 1980, petitioner's predecessor in title agreed with the Trustees of the Town of Southold upon the establishment of a boundary line and title to a portion of the land between the terminus of East Road and petitioner's property vested in the Trustees of the Town of Southold. In March, 1983, petitioner applied to the Trustees.for an easement across the Trustees' land in order to obtain acess to his property (island). In its decision, the Trustees noted that it was their duty to preserve and maintain the property, natural wetlands, and the natural ecology of those properties to insure all the people of the Town the greatest long-range benefits therefrom. ~ ;:;.<::;~:.;~;~ ' FORM MEMORANDUM SUPREME COURT, SUFFOLK COUNTY WADE, Petitioner BOARD OF TRUSTEES, Respondents SPECIAL TERM bY VAUGHN J.S.C. DATED June 7, 19 89 The Board of Trustees denied the application for the easement because (.1) it would ,be contrary to its duties to convey away rights which would even potentially prevent the public from enjoying the natural resources of the Town, including its waterways and wetlands; (2) the rights of neighboring property owners, as Well as the public at large would be severely jeopardized; (,3) alteration of'the existing 'wetlands v~ere not in the public interest and the proposed use for vehicular trafi~ic and underground utilities could have permanent and adverse effects; and (4) the granting of an easement being of a permanent nature would prevent the Trustees from taking any future action, including the possible re-establishment of the creek. The Court confirmed these findings and rejected the petition to vacate. Thereafter, relyi.ng upon its prior decision, the Board of Trustees on Dec. 16, 1988, rejected the petitioner's present application to build a bridge across- the same land in order to gain access to' the public highway. In doing so, the Board noted that a new hearing was not required. Petitioner now contends that the Board acted arbitrarily and capriciously in not granting him a hearing, or in discussing the effects of the bridge, or any modifications thereof. In support of his position, th~.petitioner argues that as an abutting and riparian land owner he has the right of access across the public lands to the public highway. The Court does not agree. Riparian rights refer to the rights of an upland owner to the water abutting his land (.Town of Hempstead v. Oceanside Yacht Harbor, Inc. 38 AD2d 263, aff'd 32 NY2d 859; Matzok v. Glen Cove YaCht Service and Repair, Inc. 21 Misc.2d 481). It does not include MEMORANDUM SUPREME COURT, SUFFOLK COUNTY SPECIAL TERM WADE, Petitioner BOARD OF TRUSTEES, Res po n de n ts bY VAUGHN J.S.C. DATED June 7, 19 89 ~an easement over the land of the Trustees. The case of Tiffany/ v. Town of Oystem Bay (234 NY 15) relied upon by petitioner stands for the proposition that t~illed in land retains its character as land under water, and thus, the owner of adjacent land, has She same rights, but no greater rights, in and across the same, as if no filling had been done. In this case, the fill does '~ot affect access to the water, and there is no basis for granting an easement across the Trustees.; land. Nor does the Court find that the petitioner is an abutting owner of land on a public highway (Robinson v. State 3 AD2d 326; Bersani Buildin~,.Inc. v. State of New York 21 AD2d 848). In Bersani, supra, the Court held that the claimant was not an abutting owner because an 18 foot strip of land owned by th~ City lay between his property and the right of way line of the State. Accordingly, the Court finds that the respondent, Board of Trustees, did~not __ act arbitrarily and capriciously and the proceeding is dismissed. SUBMIT ~]UDGMENT. JOHN V. VAUGHN, J.S.C. 14q2-5 (~87)--9c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION - 'r~eg~on 1. ., NOTICE OF INCOMPLETE APPLICATION THIS IS NOT A PERMIT NUMBER OWNER ID NUMBER APPLICANT :"% Mr ~rank Ku~a~ski, Jr. Southold T~stees~ ADDRESS Tc~m Hall, Main Read CI~ STATE ZIPCODE ~ Southold ~, NY i197[. , .t ~.. .... : ~ *-.:~ *~.~-~,Your Application for Permit is Incomplete. The Following Items are Required:.*, FACI LITY/PROJ LOCATION East ~ Road_.' .~"""'As, sessment Form (enclosed). - . .,: k', ~fProject location map (USGS or equivalent) which clearly i.~.--sfi~ows the project location with respect to identifiable i ": 'roads and Other notable features ( ' COpieS). ' [] Project plans/Engineering report ( copies).: ~ [] Survey map showing the Freshwater/Tidal Wetland contact person below, clearly stating your reasons .... [] The project Environmental. Quality Review Act (SEQR). A desig-' ';~ ' nation of Lead Agency and determination of sjgnifi- cance will be made before your application can be considered co. mplete. boundary at the project location ( copies). [] ' -. theLead Agency, has determined that the project may ]--I Signed letter f~'om landowner giving'you permisSion to .?' ':. have a significant effect:on-the environment. A draft apply for a permit on his/her property. ·, ..,,~..... _ist of Other agencies having jurisdiction over project. )resentative color photographs of the project area surroundings~ Please label each with a description, [ .,: and date taken. ( '-' ~ c0pies). ' .: ,. ::,.:~';~ii?~]i'.~i~','/!;-',-':- [] List of PreviOus· DEC perm'its for ',: accepted by the: : .Lead Agency.: -. . - -, ,,,':"~' :i [] The :correct- fee was .not the New Yo Conservation ;he'cklist may be,contacted for additional information~',?,_,;~:,.:: T~ site pla~hich ~as sub?~itted ~ws .. septic sys~e~ in 3ddltion tn-the fill to 17~ re~ved, if these not part of this omoosal, please eliminate, them f~m the. plan. 3 copies of this revised -Please s'~Eb-u mit requested information by be of these materials are received. If you wish to withdraw your application, please notify, the contact person below. Thank you. [] A conference is recommended to discuss this application. Please contact the person below to arrange a meetin ~ONTACTPERSON ' -~ -... ; .;, ~ I DATE TELEPHONE NUMBER "e WHITE COPY of this form to DEC with Requested Information. Retain the YELLOW COPY for yourself..~--.~--. N~EW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIIDN f ~;:APPL[CATION FOR PERMIT' ~&~~.~~~~.~l U.S ARMY CO~~ ~[C~N NO. Please read ALL instructions on back bt, fore compmetmng this application Please type or print c[oarlv in ink. Attach additiona~ information a~ needed ~ARTICLE 9, TITLE 1, ARTICLE 43 6NYCRR o46 {LAKE GEORGE RECREATION ZONE) ~ARTICLE 15, TITLE 3 (AQUATIC PESTICIDE5 CONTROL) ~6NYCRR 327 CAQUATIC VEGETATION1 ~ &NYCRR 328 (FISH) ~NYCRR 329[INSECTS) ~ARTICLE 15, TITLE 5 6NYCRR 608 (PROTECTION OF WATERS) ~ARTICLE .15; TITLE 27 6NYCRR 666 (WILD, SCENIC AND RECREATIONAL RIVERS) · . ~ARTICLE 24 bNYCRR 662, 663 (FRESHWATER WETLANDS) ' · . ~ARTICLE 25 6NYCRR 661 [TIDAL WETLANDS) ~ARTICLE 14 6NYCRR 505 (COASTAL EROSION) ' ~CTION 10~ fMARINE PROTECTION RESEARCH A~SANCTUAR[~- ~CT) for the transportaBo, of dredged materials for J~ into ocean waters. LIST PREVIOUS-PERMIT APPLICATION NUMBERS AND DATE5 (If anyj 2. APPLICANT IS A,AN ~Owner ]--'~OD ....... ~Lessee tr~ L_1.MunicioaJity Governmeutal Agency fCheck as mare/ ab apply) 3 NAME OF APPLICANT fuse Full Name) $outhold Town Board of Trustees MAILING ADDRESS TELEPHONF Where can be reached during day) Southold Town Hall, Main Road, Southold, N.Y.11971 ( 510 765 1892 POST OFFICE So,uthold, STATE ZiP CODE : N.Y. 111971 4. NAME OF []Owner [-~.Agenr Contact Person (Check one~ MAILING ADDRESS POST OFFICE 5 PROJECI~FACILITY LOCATION (Mark location on map, see Number ia on revers( Eastco~nt¥ ~ ~ ~.R°ad ] ~ So~uthold TFLEPHONE[ (¥¥here can oe reached during day] [ STATE ZPCO)EI Village 5TREFT ADDRESS "If different from appncant POST OFFICE STATE [ ZIP CODE 6. NAME OF STREAM OR BODY OF WATER East Creek_ 7 HAS~yesWORK BEGUN__~NoON PRO. ECT? Sholf YES ............. arta(:h ex0ianat:Onp and/or ondrawings.Srarnng work v,qrnour perm~u includes antes .~ 8. WII~L ~'esPROJECT ~NoUTILIZE 5TA, TE LAND? 9. PROPOSED USE' ~ Private [ 10. PROPOSED STARTING DATE' 11 APPROXIMATE COM':LETION DATE. [ 12. FEE OFCN~S Permit Only] ~ P.bli~ ~ Com~,~d~ AS soon as possible one week 5 fnclose~ 13 PROJECT [}ESCP, IPTiON: (e.g, Guanttrv ang D,'pe ut material [o be excavareu d,edaec or usa(2 /or f~['. or -'- rap, location oi disposal sltes; woe of structure to be In:,tat aG height of dam: size of ImpouncJent; capacmes or proposed water soot(es, exrenL of distribution system; Removal of fill used for ramp which is causing runoff pollution of East Greek 14 \¥1LL THIS PROIEC] REQUIRE ADDEFtONAL FEDERAL STATE AND/OR LO(A: PERMITS, k~ ~es ~ No It vas pl. ease [[st. 15 Ci:R1 iFiCAFION PLEAS[ ~:igD ALL NSFRcCIiONS ON R~VERSE S~DE New York State Depaflment of Environmental Conservation Regulatory Affairs Unit Bldg. 40, SUNY, Rm. 2]9 Stony Brook, NY ]]794 (516) 751-7900 Thomas C Jorling Commissioner Southold Town Board of Trustees Main Road Southold, NY 11971 Attn: Frank Kujawski, Jr., Pres. May 18, Re: Permit ~o. 10-89-0568 Dear Sir: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. ~lsc ..... ~ ....a 'is a oe~-m~t si~n w'hi~h is to be co~,sp~cuo.:s~7 ~,o~d at the project site and protected from the weather. Very truly yours, Susan A'ckerman Senior Environmental Analyst SA:rw enc lo sure 10-89-0568 iA(. iLlt'~ pRLD%..A,v~ NUML~LR~, ~/A YORK SIAT£ D[:PARTM~N] OF [:N'v'IRONN4EN"[AL CONSERVATION PERMIT Under the Environmental Conservation Law [----~ Adicle 15, Title 3: 6NYCRR 327, 328, 329: Aquatic Pesticides F'~--~ Article 15, Title 5: Protection of Water [--~ Articie15. TitletS: Water Supply  ---'~ Article 15, Title 15: Water Transport  ---~ Articte 15. Title 15: Long Island Wells Article 15, Title 27: Wild, Scenic and RecrealionaI R~vers '~ 6NYC RR 608: Water Quality Ceqification i Article 17, Titles 7, 8: SPDES Article 19: Air Po,lution Control* ['-'--~ Article 23, Title 27: Mined Land Reclamation I -'1 Article 24: Freshwater Wetlands N--New, R--Renewal. M--Modification, C--Construct (*0nly), O--Operate (*0nly) EFFECIIVE DATE 1,~ !989 bXPIRATION DA'[t:sl May 31, I991 ~ N--N~. Article 25: Tidal Wetlands ---'~ Article 27, Title 7; 6NYCRR 360: Solid Waste ManagemenT* ----'~ Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management --~ Article 34: Ooastat Erosion Management F----'I Article 36: Floodplain Management L----~ Articles 1, 3, 17, 19, 27 37; 6NYCRR :~80: Radiation Oontrol P~.RMIT ISSUED TO Southold Town Board of Trustees .,\I)I.)RESS L)I- P~RM TIi'L Main Road, Southold, NY 11971 AGEN'[ FOR PERMIT'fEEICONTACI PERSON Mr. Frank Kujawski, Jr., President NAME AND ADD RISS OF PROJECTJFACILITY (If different from Permittee) East Road LOCATION OF PROJECT/FACILITY COUNTY Fleets Neck Suffolk TOWN~~~ UTM COORDINATES Southold ~ DESCR PTION OF AUTHORIZED ACTIVITY Removal of existing fill as per NYSDEC approved plan, attached. GENERAL CONDITIONS By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compli- ance with the ECL, all applicable regulations and the conditions specified herein or attached hereto. 1 I he perm~ttee shall tile m [ne office ct the appropriate regional permit aomm~strator, or other office designated in the special conditions, a not~ce of intention to commence work at least 48 hours m advance oz the time Ot commencement and shall also notify hlm~her promptly in writing of the completion of .the work. 2 T he prrm~tteo work shale be sublect to inspection by an authorized reoresentauve of the Department ~f Environmental Conservation wh,ch may order the work suspended if the Dubhc interest so requires pursuant to ECL §71-0301 and 5APA §401C3) 3 1 hr' perm,tree has accepted expressly. Ely the execution pt the apphcatson, the full legal responsibility for all damages, direct or indirect, of whatever nature, and by whomever suffered, arising out of the proiect described herein and has agreed to indemnify and save ha rmtess the State from stats, actions, damages and cost~ of every name and descrip- tmn resulting from the said project. 4. The Department reserves the r,ght to modify, suspend or revoke this permit at any ume after due notice, and, if requested, hold a hearing when: al the scope of the prolect is exceeded or a violation of any conaltion 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) newtv discovered information or significant physical changes are discovered since the permit was issued. 5. The perm~ttee is responsible for keeping me 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 SPDES or Solid or HazarduouS Waste Management permits] prior to the expiration aate. b This pt, rrna: shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian ,ghts of others in order to perform the permitted work or as authorizing tne impairment CT any rights, title or interest in rea or personal property held or vested in a person not a party to the permit. 7 The perm,:tee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way which may be reauired for this proiect. 8 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 Depa~ment or any of the terms, conditions, or requirements contained in such order or determination. 9 Am/ modlhcat~on of this permit granted by the Department must be in writing and attached hereto. Deput~ %=~u~l I ADDRESS Bldg.40,SUNY,Rm. 219 J PERMIT ISSUANCE DATE I PERMIT A'I~MINISqRAirOR j 5/18/89 Christine J. Costopoulos Stony Brook,NYt 11794 , AUra OR,ZED S'CNATURE ~~'~.~ ~ C ,,~,'~b"? ~ P a,e I of 3 cc: BMHF 95-20~6a ~1/86)'-- 25c ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34, 36 and 6 NYCRR Part 608 ( 10. That 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 mat' be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused 1S. 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 11: That the State of New York shall ,n no case be liable for any damage or injury to the structure or work herein authorized which may be caused 18. 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 resoonsi- bility of obtaining any other permission, consent or approval from 19. the U.S. Army Corps of Engineers, U.S. Coast Guard, New 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 TW,WQ,PW ) 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 ac ross 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 manner as the Department of E nvironmenta[ Conservation may require, 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 subject 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 ~n strict conformance with the approved plans submitted bt the ap~qcant or his agent as part of the permit application, Southold Such approved plans were prepared by Trustees - DEC approved on 5/17/89 SPECIAL CONDITIONS 1. Ail excavated fill must be removed from the site, and disposed of at an upland location. Prior to the start of fill removal a snow fence and row of staked haybales must be put in place around the fill area to prevent siltation of nearby tidal wetlands and/or waterways. This barrier must be maintained in place until the project is complete and disturbed areas have been stabilized with vegetation. Supplementary Special Conditions (A) through (J) attached. I~EC PERMIT NUMBER 0-89-0568 k,j.~/?L~ R A M/F AC I L I T Y NUMBER Page 2 of 3 SUPPLEMENTARY SPECIAL CONDITIONS The following conditions apply to all permits: If any of the permit conditions are unclear,the permittee shall con- tact the Division of Regulatory Affairs at the address and telephone noted below. A copy of this permit with supplementary conditions and approved plans shall be available at the project site whenever authorized 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 con- spicuous location at the work site until completion of authorized work. At least 48 hours prior t© 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 com- pleted and returned. For projects involving activities to be accomplished over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior 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 modi- fications. The permittee is advised that substantial modification may require submission of a new application for permit. Ail necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leacnate 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 permittee 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 Branch), prior to commencement of work authorized herein. Je 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, NY 12242, which may be required for any encroachment upon State-owned lands underwater. DEC # 10-89-0568 Regional Permit Administrator NYS Dept. of Environmental Conservation Bldg. 40, SUNY-Room 219 Stony Brook, NY 11794 (516) 751-7900 Page 3 of 3 CHARLES T. HA>%ILTON Chief, Marine Regulatory Section NYSDEC, ~ureau of Marine Habitat Protection Bldg. 40, SUni~, Room 225 Stony Brook, N. Y. 11794 RE: Dear Sir: Permit No. Issued To: Contractor's Name Contractor's Address Contractor's Phone No. Pursuant to General Condition Number 1 of the above referenced permit you are hereby notified that the authorized activity shall commence on This notice is to be sent at least two days in advance of commencement of the project. The permit sign will be posted at the site and copy of permit will be available at site for inspection. Submitted by Failure to notify or post sign will leave owner and/or contractor subject to applicable penalties for non-compliance with permit conditions. CHARLES T. HA>iILTON Chief, Marine Regulatory Section ~SDEC, Bureau of Marine Habitat Protection Bldg. 40, SUNY, Room 225 Stony Brook, N. Y. 11794 RE: Dear Sir: Permit No. Issued to Contractor's Name Contractor's Address Contractor's Phone No. Pursuant to General Condition Number 1 of the above referenced permit you are hereby notified that the authorized activity was completed on Submitted by This notice, with photos of completed work and or completed survey, is to be sent to above address promptly upon completion of project. Failure to notify will leave owner and/or contractor subject to applicable penalties for non-compliance with permit conditions. 14-16-4 (2/87)--Text 12 617.21 PROJECT I.D. NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) FORM SEQR APPLICANT /SPONSOR Southold Town Board of Trustees 2. PROJECT NAME 3. PROJECT LOCATION: East Road Municipality $o_u~hold , N-Y- County g~]ffnl]~ 4. PRECISE LOCATION IStreet address ano road intersections, arominent landmarks, etc.. or provide map; End of East Road, Southold, N.Y. (Fleets Neck) 5. IS PROPOSED ACTION: [~New [] Exeansion [] Modification/alte ~ation 6. DESCRIBE PROJECT BRIEFLY: Removal of fill used for ramp which is causing runoff pollution of East Creek AMOUNT OF LAND AFFECTED: Initially · ~ ~' acres Ultimately ~ , Z- acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [5~Yes -~ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercia [] Agricult Jre Describe: Road e~di~g with access to Association beach Park/Forest/Open space ~ther 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [---}Yes ~"'N o If yes. list agency,s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~No If yes, list agency name and eermitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/spons~/~name: Frank_ A. Ku]awski, Jr. Pres. Bd. of Tru_stees Date: 3/28/89 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 ~o I I I I I