HomeMy WebLinkAboutTR-4552 GFBoard Of $outhold Town Trustees
SOUTHOLD, NEW YORK
ISSUED TO ............ ~T.C) $ E P H... ZE..V.Z.'i:.S .....................................................................
Pursuant to the provisions of Chapter 615 of the Laws of
the State of New York, 1893; and'Chapter 4.04 of the Laws of the
State of New York 1952; and the Southold Town Ordinance en-
titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" and in accordance with the
Resolution of The Board adopted at a meeting held on ....
19 9.5..., and in consideration of the sum of $..!0~).,..0~Q ....... paid by
.C o s t ~!!~.. M arin~...f.~ ~....~[.(~.$ El? H...~ ]~.~.T..S. .....................................................
of ......... $.~athold .................................................... N. Y. and subject to the
Terms and Conditions listed on the reverse side hereof,
of Southold Town Trustees authorizes and permits the following:
Grandfather Permit for' ~.,0~ ~f bulkhead. Replaceing inkind/
inplace 48' of this-bulkhead and backfill with 28 c.y. of clean
fill, maintain -vegetated buffer and replant as indicated on surve~
all in accordance with the detailed specifications as presented in
the originating application. '
IN WITNESS WHEREOF, The said Board of Trustees here-
by causes"its Corporate Seal fo be affixed, and these presents to
be subscribed by a majority of the said Board as of this date,
Telephone
(516) 765-1801
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11.971
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
At a meeting of the Southold Town Conservation Advisory Counci held Monday,
December 18, 1995 the following recommendation was made:
GF-I~4
Moved by Allan Connell, seconded by John Hagerty, it was
RESOLVED to TABLE the request for a Grandfather Permit by JO'.SFPtt
ZEVlTS 88-6-18.1 to replace 48' bulkhead in-kind, in-place. Backfill with 28
c.y. of clean fill.
1300 West Lane, Southold
The CAC tabled because there was not sufficient information to make a
recommendation and the Council questions whether the project falls under a
Grandfather Permit.
The Council also suggests the Trustees require the applicant to plant spartina
in the fill area.
Vote of Council: Ayes: All
Motion carried.
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT. CORPS OF ENGINEERS
JACOB K. JAVITS FEDERAL ~UILDING
NEW YORK. N.Y. 10278-0090
Eastern Permits Section
December 26, 1995
SUBJECT: Application Number 95-12870-L2 by Joseph Zevits
Mr. Joseph Zevits
c/o Costello Marine Contracting Corp.
P.O. Box 2124
Greenport, New York 11944
Dear Mr. Zevits:
On December 22, 1995, the New York District,
of Engineers, received a request for Department of the Army
authorization to replace in-kind and in-place, 105 linear feet of
timber bulkhead at or above the mean high water line and place 28
cubic yards of clean sand as backfill along Little Peconic Bay
located in the Town of Southold, Suffolk County, New York.
Based on 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 an existing Department of the
Army nationwide general permit. The nationwide permits are
prescribed in Title 33. of the Code of Federal Regulations (33 CFR
330, Appendix A, Part B, No. 3). The work may be performed
without further authorization from this office provided the
activity complies with the permit conditions listed in Appendix
A, the following special conditions, and any applicable regional
conditions added by the State of New York. A public notice
issued from this office which describes the nationwide permits
and conditions for New York is enclosed for your review.
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 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 %he terms and conditions of a
Nationwide Permit, and the proposed activity has commenced, o~ is
under contract to commence, the permittee shall have 12 months
from the date of such action to complete the activity.
If any questions should arise concerning this matter, please
contact Denise Butts, of my staff, at (212) 264-3913.
Enclosures
Sincerely,
C~ief, Eat rmits Section
12/0@Y1~95 12:82 FROM Cp~tello Marine TO ?$5!-o~3 P.$2x12
Albert J. Krupski, President
.lotui Holzapfel. Vice President
William O, Albertson
Martin H. Oarr~ll
Peter
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 M~in Road
P;O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (5 ! 6) 765- ! 823
Waiver .~./ /
)~_Rec-~ived appiicatig,: ~. ;/~/~
~Clerical Review: tm/W/e'~' ,
Completed A~plicatio~ /~/
Incomplete ----'
SEQ~ Classification:
~e I ~e II Unlisted
Coordination: (date ~e~t)~
--CAC Referral Sent: /~/~/F~
-~Receipt of CAC Report: (date)
Lead Agency Determination: / /
Technical Review: (date) ,
--~lic Hearing: (date~
~pplication Fee: $/~. ~ ......
//
·
(provide LILCO Pole #, distance to cross streets, and locat%on)
( If applicable) ,~~l
TO 755
FROM Cr tello Marine
Boa=el o~ TrUS~a~s APplication
p..oSY12
GENERAL DATA
. ~__..^ ~
a lin mquare feet) :~
~rior per,airs/approvals for site improvements:
ncy ~
No prior permits/approvals £or site improvements-
Has any permit/approval ever been revoked or suspended by a
governmental agency? './.NO _ Yes
If yes, provide explanation:~
~se attachments
project De~criptio
necessarY):
12:04 ~ROM ~tello Mapine TO 76~ ~25,
p,,05~12
~UTUORI ZATION FORM
do hereby give Co~tello ~arine~'~ontracting Corp. the authority to
act as agent in my behalf in applying for all of the necessary
permits in order for work to be done on my property described
12/08/199~ 12:05
FROM stello ~arine
TO
P,04/12
County of Suffolk )
state o~ New York ]
AFFIRMS-THAT HE/S~E IS THE AppLICANT FOR THE ABOVE DESCRIBED
PEI~I~I~iS) AND rHh'~hL STATEmeNTS CONTAIRED HEREIH ARE '~,UE, =0
DONE I~ 'TH~MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE
'a~oVm ~.~ SOU~aO=O .=o~ no~.o.o~US=~S. TH~ mpL~e~
SWORN TO BEFORE ME TH~S
~ F_ LONG
Notaq, Public. State of New Yeti[
No. 0.1LO4858343
Qualified iff' Suffolk County
Commission E~res Nmamil:.w 6,
Suggested space for location Map
TI{IS IS NOT A PERMIT
)D~C P~RMLi NUHBER
FACILITY/PROGRAM NUMBER(S)
PE iT
i 1
J4eu 0 R~L F1 Modificmtion [] Permit to C~truct []
Article 15, Title 5: Protection
of Waters
Article 15, Title 15: Water
Supply
Article 15, Title 15: Wmter
Transport
Article 15, Title 15: Long
Island Welts
Article 15, Title 27: Wild,
Scenic and Recreational Rivers
6NYCRR 608: Valet quality
Certification
Article 27, Title ?; 6NYCRR :)~d:):
Solid gaste NanaOee~t
Other:
Article 17, Titles 7, 8: SPOES O
Article 19: Air Pollution
C~trol O
Article ~, Title 27: Mi~ L~
RecLegmtion g
Article 24: Freshwater Wetlar~ls
Article 25: Tidal ~etLe~Is
Article 27, Title 9; 6~IYCRR 373:
Hazardo~sWasteMa~u~mt
Article )~: Coastal Erosion
Management
Article 36: FLoodplain
Marmge~ent
Articles 1, 3, 17, 19, 27, 37;
6~YCRR ~80: Radisti~l Control
PERMIT iSSUED TO
Joseph Zevits
ADDRESS OF PERMITTEE
2470 Rossett Street
Fort Leer New Jersey 07024
CONTACT PERSON FOR PERMITTEO ~K
Costetto Marine
PO Box 2124, Greenport~ NY 1194/+
NAME AND ADORESS OF PROJECT/FACILITY
Zevits Property
1300 West Lane
TELEPHONE NUMBER
516-477-1199
LOCATION OF PROJECT/FACILITY
SouthoLd, RY
COUNTY J TO~N l I.b~TERCOURSE
Suffolk Southo[d Little Peconic Bay
NYTM COORDINATES
Replace in-kind and in-place, 105' of timber bulkhead ~ backfill with approximately 28 cubic yards of cLe~q sand from
an upland source. ALL ~ork shall be done according to plans prepared by Costet[o Marine dated 12/14/95 ~nd stamped
NYSDEC approved on 1/4/96.
By acceptance of this pemit, the permittee agrees that the permit is contingent upm strict compliance )lith the
ECL, att al~licabLe regulations, the Ge~ere[ CotilLions specified (sempe q la 2) and arq, Specie[ Conditioos included as part of
this permit.
PERMIT ADMINISTRATOR: ADDRESS
ChariesT. Hamilton
BLdg. 40, SUNY, Room219, Sto~/ Brook, NY 11790-2356
AUTHORIZED SIGNATURE [ , DATE
Page 1 of 4
lnspec't i~
I'.". Tne permitted site or facility, including relevant records, is subject to in-
spection at reasonable hours and intervals by an authorized representative of
the Departrrent of Envirorrrental Conservation (the Departrrent) to determine
vd~ether the permittee is ccrrplying with this permit and the ECL. Such represen-
tative trey order the v~ork suspended pursuant to ECL 71-0301 and S~A 401(3). A
copy of this permit, including all referenced rreps, dracvings and special
conditions, trust be available for insL:~ction by the Depar~rent at all tirres at
the project site. Fai lure to produce a copy of the permit upon request by a
Deparlzrent representative is a violation of this permit.
Permit ~ and Flene~ls
2. The Departrrent reserves the right to rrodify, suspend or revoke this permit v~en:
a) the scope of the permitted activity is exceeded or a violation of any
condition of the permit or provisions of the ECL and pertinent regula-
tions is found;
b) the permit v~as obtained by misrepresentation or failure to disclose
relevant facts;
c) newrreterial infom~ation is discovered; or
d) envirorrrental conditions, relevant technology, or applicable lan or
regulation have rraterial ly changed since the permit v~s issued.
The permittee rrust sul~nit a separate written application to the Deparm~ent for
renewal, rrodification or transfer of this permit. Such application rrust include
any fon"rs, fees or suppleTentai inforrration the Department requires. Any
reneAel, rrodification or transfer granted by the Deparlrrent rrust be in writing.
The permittee rrust sub-nit a renewal application at least:
a) 180 days before expiration of permits for State Pollutant Discharge
E1 iminat ion Syste-n (SFEES), F~zardous V~ste IVbnagement Faci ! i ties
(FrM:), rrejor Air PoI lution Control (AFC) and Sol id V~ste IVbr~qgeTent
Fac i I i t i es (S/IM:); and
b) 30 days before expiration of all other permit types.
Lhless expressly provided for by the Depar~zrent, issuance of this permit does
not rrodify, supersede or rescind any order or determination perviously issued by
the Deparm-ent or any of the terms, conditions or requireTents contained in such
order or determination.
Other Legal 0bi igations of PenTittee
6. The permittee has accepted expressly, by the execution of the application, the
full legal responsibility for all darages, direct or indirect, of v~atever
nature and by Wxzrever suffered, armsing out of the project desc'ribed in this
permit and has agreed to indeTnify and save harmless the State frcrn suits,
actions, da-rages and costs of every hare and description resulting from this
project.
g
This permit does not convey to the permittee any right to trespass upon the
lands or interfere with the riparian rights of others in order to perform the
permitted work nor does it authorize the irrpairrrent 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
ease-rents and rights-of-way that rrey be required for this project.
Page 2 of 4
9~-2U-t~a ~7~9~1-- 25c
ADDIT-;ONA£ GENERAL CONDITIONS FOR ARTICLES 15 (Title 5}. 24, 25, 34 and 6 NYCRR Part 608 [
9 That if future operations bv 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
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 alte~ the structural work. obstructions or hazards caused
thereby without expense to the State. and if, upon the expiration or
revocation of this permit, the structure, fill excavation, or other
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 ~f any such removal or alteration.
10 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
by or result from future operations undertaken by the State for the
conservation or improvement of nawgation, or for other purposes, and
no claim or right to compensation shah accrue from an,/such damage.
11 Granting of this permit does not relieve the applicant of the responsi-
bility of obtaining anv other permission, consent or approval from
the U.S. Arm,/Corps of Engineers. U,S. Coast Guard, New York State
Office of General Services or local government which may be required
12 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 enwronmentaliy deleterious materials associated with the
project.
13 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.
14 There shall be no unreasonable interference with navigation by the work
herein authorized.
15. If upon the expiration or revocation of this permit, the project hereby
authorized has not been comoleted, the applicant 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 of
any portion of the uncompleted structure or fill and restore the site
to ~ts former condition. No claim shall be made against the State of
New York on account of any such removal or alteration.
16 If granted under 6 NYCRR Part 608, the NYS Department of Environ-'
mental Conservation hereby certifies that the subject proiect 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 here~n are met.
17 All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or his agent as part
of the permit application.
Such approved plans were prepared by
on
SPECIALCONDITIONS
Any debris or excess material from construction of this
project shall be completely removed from the adjacent area
(upland) and removed to an approved upland area for
disposal. No debris is permitted in tidal wetlands and or
protected buffer areas.
All fill shall consist of "clean" sand, gravel, or soil {not
asphalt, flyash, broken concrete or demolition debris).
No excavation of the beach is authorized for the purpose of
obtaining fill or stone materials.
All peripheral berms, cofferdams, rock revetments,.seawalls,
gabions, bulkheads etc. shall be completed prior to
placement of any fill material behind such structures.
Se
Equipment operation below apparent high water is strictly
prohibited.
e
Prior to any construction or removal of bulkheads and other
shoreline stabilization structures all backfill shall be
excavated landward of the~bulkhead and retained so as not to
enter the waterway, tidal wetland or protected buffer area.
7. There shall be no discharge of runoff or other effluent over
or through any bulkhead or shoreline stabilization structure
or into any tidal wetland or adjacent area.
DEC PERMIT NUMBER
1-4738-0~0004-0 Supplementary Special Cor~itions A thru F Attac~d
PROGRAMtFACII ITY NUMBER ~ [ 3
4
Page
of
T~ following conditions appl~ to all Tidal Wetlands; Freshwate=
Wetlands; Coastal Erosion Hanagement; and Wild, Scenic, and
Recreational Rivers Permits:
A copy of this permit, including all conditions and
approved plans, shall be available at the project site
whenever authorized work is in progress. The permit
sign enclosed with ~he permit shall be protected from
the weather and posted in a conspicuous location at the
work site until all authorized work has been completed.
The permittee shall require t-hat any contractor,
project engineer, or other person responsible fort he
overall supervision of this project reads, understands,
and complies with this permi~ and all its general,
special, and supplementary special conditions. An~
failure to comply precisely with all of t2ae terms and
conditions of this permit, uanless authorized in
writing, shall be treated as a violation of the
Environmental Conservation Law. If any of the permit
conditions are unclear, the permittee shall contact the
Division of Regulatory Affairs at the address on page
one or telephone (516) 444-0365.
If project design modifications become necessary 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 submission of a
new application for permit.
At least 48 hours prior to commencement of the project,
the permittee and contractor shall sign and return the
top portion of the enclosed notification form
certifying that they are fully aware of and understand
all terms and conditions of this permit. Within 30
days of completion of the permitted work, the bottom
portion of that form shall also be signed and returned,
along wi~h photographs of the completed work and, if
required, a survey.
For projects involving activities to be undertaken in
phases over a period of more than one year, the
permittee shall notify the Regional Permit
Administrator in writing at least 48 hours prior to
recommencing work in subsequent years.
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 Buildinq,
EmPire State Plaza, Albany, bU£ 12242 (516) 474-2195, which
may be required for any encroachment upon State-owned lands
underwater.
DEC Permit No. 1_4738_01243/00004_0 Page 4 of 4
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