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HomeMy WebLinkAboutTR-4457Albea J. Krupski, Presidem John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 Office Use Only Coastal Erosion Permit ~e-Wetland Permit Application __Grandfather Permit Application Trustee Lands Permit Applicatiol Waiver ~Rece~ved applicatio~:.~l~/~ ~.Clerical Review: ~Completed applicatlo~ Incomplete SEQRA Classification: ~ype I__Type II Unlisted Coordination:(date sent) ~CAC Referral Sent: ~ Date of Inspection: Receipt of CAC Report.(da~e) Lead Agency Determination: Technical Review:(date') Public Hearing:(date) Decision: Approved (Y/N) (date) ~Application Fee:$/~. Application ,rOW OF-- SOU.'[HOLD. Name of Address Applicant Phone Ntmtber: (~) Suffolk County Tax Map Number: 1000 - 7~ Pr~opertytx,~NR~,~_ L°cati°n:'/'77~-, ~/~LV~ /V~/( ~D, ~T{ff~Z-~D/~7 (pro,iCe ~.T~.¢O Pole ~, aistance to cross streets, ana Locat±on) Agent: (If applicable) Address: Phone: ~ rd of Trustees ApplicatioI GENERAL DATA Land Area (in square feet): / ~ Q ~d~ Area Zoning: ~,~ ~ / P~TI ~L Previous use of property: Intended use of property: Prior permits/approvals for site'improvements: Agency Date ! No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? ~/ No Yes If yes, provide explanation: Projec~ Description (use attachments if necessary): B £d of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: ~Fo Area of wetlands on lot: square feet Percent coverage of lot: Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? N o ~/ Ye s ~ ~ ~%© ~ If yes, how much material will be excavated? ~ ~cubic yards How much material will be filled? ~ I~,~ cubic yards Depth of which material will be removed or deposited.-~~- feet Proposed slOpe throughout the area of operations: Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason os such proposed operations (use attachments if appropriate): 6 ,14-~,6-4 (2/87)~Text 12 i' PR~)JECT I'D' NUMBER I 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project spbnsor) SEQE 1. APPLICANT/SPONSOR J 2. PROJECT NAME ~. PROJEGT LOOATtON: 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5, IS PROPOSED ACTION: E~New D Expansion r--]Modification/alteration /'~/~ ,/W T~'/~/'~/~-~:: /~ ~" ~ ~/*'~A~/~-''~ 6. DESCRIBE PROJECT BRIEFLY: ~o~ ~'~ ~ ~/~ ~' ~ 7, AMOUNT OF ~ND AFFECTED: Initially acres Ultimately acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] No It No, describe briefly 9. WHAT IS PRESENT LA~{D USE IN VICINITY OF PROJ'~CT? [~Re~identia~ [] ~.ndustrial [] Commercial Describe: [] Agriculture [] Park/Forest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUND{NG, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If yes, list agency(s) and permit/approvals /~' ~r~, ~ ~ ~__~, .. 11. DOES ANY Ar~.~T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes I~1 No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor name: ,/~ V~/C,~-~_ ~ ~' ~A ~ ~ Dale: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this a~gessment OVER PART IIwENVIRONMENTAL AS,~ ~SMENT (To be completed by Agency) A: DOES ACTION EXCEED ANY TYPE l ~dRESHQLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review process and use the [] Yes [] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYORR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. . [] Yes [] No - C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or~groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or dlsposal, potential for erosion, drainage or flooding problems? Explain briefly: '- C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a (~hange in use or intensity of use of land or other natural resources? Explain briefly. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in 01-C57 Explain briefly. C7. Other impacts (incl~Jding changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes. explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effectidentified above, determine whetl~er it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its la) setting (i.e. urban or rural); lb) probability of ccc' .[~jng; lc) duration; (d) lrreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive' declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result friar.ny significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: . Name of Lead Agency Print or l'ype N,~me o~' Responsible Officer m Lead Agency S~gnatufe of Responsible Olf~cer ~n Lead Agency Title of Respons,bJe Oliicer Signature of Preparer tif different from responsible officer) . County of Suffolk State of New York Be d of Trustees Application ~ L~ $ ~ £ L J~- /¢~ /9 ~vg BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE.AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTHiN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), ~TO ENTER ONTO MY"~PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF-THIS APPLICATION. S±~nature SWORN TO BEFORE ME THIS DAY OF ~!~/~ ,19¢~ RUDOLPH H. ~RUER NOTARY PU~UC, STATE OF NE~YORK NO. 52-0465530, SUFFOLK COUN~ 3 Albert J. Kmpsld, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel July 28, 1995 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 · Telephone (516) 765-1892 Fax (516) 765-1823 Russell E. Mann 1775 Calves Neck Rd. Southold NY 11971 Re: SCTM ~70-4-48 Dear Mr. Mann, The following action was taken by the Board of Trustees at their regUlar meeting of July 27, 1995: RESOLVED that the Southold Town Board of Trustees approve an Amendment to Permit 84457 to include dredging on the south side of the dock to a depth of 4' and 10' to the south of the dock. If you have any questions, please call our office. Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. CAC ALEXANDER F. TrEaDWELl SECretArY OF State STATE Of NEW YOrk DEPARTMENT OF STATE ALBANY, NY 12231-0001 July 6, 1995 Mr. Albert Krupski President Board of Town Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: F-95-391 U.S. Army- Corps of Engineers/New York District Permit Application Russell E. Mann Dear Mr. Krupski: Enclosed is a copy of the information submitted to the Department of State for review of the above-referenced project .with respect to its consistency with the Coastal Management Program for your information~and preliminary review. Please contact Kevin Vienneau, the DOS reviewer assigned to this project, at (518) 474-6000 to discuss your concerns, and any additional information which may be necessary to assist you in reviewing this project. Any comments you may have will assist the Department in reaching a decision as to the consistency of the proposed action with the apprOVed NYS Coastal Management Program. Please note, however, that if we do not hear from you within 45 days of the date of this letter, we will presume that you have no objections to the proposed project. Sincerely, William F. Barton Chief, Consistency Review and Analysis Bureau Division of Coastal Resources and Waterfront Revitalization Enclosures WFB/jtb E. PART~ENT OF STATE NEW YORK STATE DEPARTMENT OF ST~ r~;3ASTAL PROGRAMS COASTAL MANAGEMENT PROGRAM J~ 1 6 1995 Federal Consistency Assessment Form RECEIVED An applicant, seeking a permit, license, waiver, certification or similar type of approval from a federal agency which is subject to the New York State Coastal Management Program (CMP, shall complete this assessment form for any proposed activity that occur within and/or directly affect the State's Coastal Area. This form is intended to assist an applicant in certifying that the proposed activity is consistent with New York State's CMP as required by U,S, Department of Commerce regulations (15 CFR 930.57). It should be completed at the time when the federal application is prepared. The De the completed form and accompanying information in its review of the applicant's certification A. ' APPLICANT (please print) 2. Address: / 7 ~'.~' ~' z~L ~'~ /,/~ C/~,. //~ p. j 3. Telephone: Area Code {~/~ ) B. PROPOSED ACTIVITY 1. Brief description of activity: 'l"'~f~-- ,~t~;f'z['( /~-'''~!)£~) ~ [",~tL Location of activity: County City, Town or Village" I??Y CA L v¢5 /,/~-c/< f~'p. Street or Site Description 4. Type of federal permit/license required: 5. Federal application number, if known: d6. If a state permit/license was issued or is required for the proposed activity, identify the state agency and provide the application or permit number, if known: COASTAL ASSESSMENT. Check either "YES" or "NO" for each of the following questions. The numbers following each question refer to the policies described in the CMP document (see footnote on page 2) which may be affected by the proposed activity. YES NO 1. Will the proposed activit¥_.resoIt in any of the following.' a. Large physical change to a site within the coastal area which will require the preparation of an environmental impact statement? (11, 22, 25, 32, 37, 38, 41, 43) ...................... ~ b. Physical alteration of more than two acres of land along the shoreline, land under water or coastal waters? {2, 11, 12, 20, 28, 35, 44) ............................................. Y c, Revitalization/redevelopment of a deteriorated or underutilized waterfront site? (1) .............. ~, d. Reduction of existing or potential public access to or along coastal waters7 (19, 20) ............ ~ e. Adverse effect upon the commercial or recreational use of coastal fish resources? (9,10) ......... . .... .~ f, Siting of a facility essential to the exploration, development and production of energy resources in coastal waters or on the Outer Continental Shelf? (29) ........................ 2~ g. Siting of a facility essential to the generation or transmission of energy7 (27) ................. -~- h, Mining, excavation, or dredging activities, or the placement of dredged or fill material in coastal waters? (1 §, 35) ..................................................... ~ i, Discharge of toxics, hazardous substances or other pollutants into coastal waters? (8, 15, 35) ..... --~ j. Draining of stormwater runoff or sewer overflows into coastal waters? (33) .................. _ ........ ~ k. Transport, stroage, treatment, or disposal or soiid'~gstes 10r-hazardous materials? (36, 39) ........ ' I ' '~ I. Adverse effect upon land or water uses within the State's small harbors? (4) ................. '_~L 2. Will the proposed activity aff.ect or be located in, on, or adjacent to any of the following: f. g. h. i. State designated freshwater or tidal wetland7 (44) ................................... Federally designated flood and/or state designated erosion hazard area7 (11, 12, 17.) ........... State designated significant fish and/or wildlife habitat7 (7) .............................. State designated significant scenic resource or area? (24) ............................... State designated important agricultural lands? {26) ................................... Beach, dune or barrier island? (12.) .............................................. Major ports of Albany, Buffalo, Ogdensburg, Oswego or New York? (3) ..................... State, county, or local park7 (19, 20) Historic resource listed on the National or State Register of Historic Places? (23) -1- 3, Will the proposed activity require aD,, Of the following Waterfront 221 ................................................... b, Provis on of new publ~ services or infrastructure in undeveloped or sparsely populated sections~.f 'th~'.~.'a~ ~.'Id~ (5) ................................................ c. Constructic~n' or ~{'~uc~t¢Sn of a flood or erosion control structure? (13, 14, 16) ............. d. State water quality permit or certification? (30, 38, 40) ................. e, State air quality permit or certification? (41, 43) ............................... 4. Will the proposed activity occur within and/or affect an area covered by a State approved local waterfront revitalization program? (see policies in local program document') ............... ADD]T~IONAL STEPS 1, If all of the:iquest:ioos in Section C are answered "NO", then the applicant or agency shall complete Section E and submit the documentation required by Section F, 2. If any of the questions in Section C are answered "YES", then the applicant or agent is advised to consult the CMP, or where appropriate, the local waterfront revitalization program document'. The proposed activity must be analyzed in more detail with respect to the applicable state or local coastal policies. In the space provided below or on a separate page(s), the applicant or agent shall: (a) identify, by their policy numbers, which coastal policies are affected by the activity, (b) briefly assess the effects of the activity upon the policy; and, (c) state how the activity is consistent with each policy, Following the completion of this written assessment, the applicant or agency shall complete Section E and submit the documentation required by Section F, E. CERTIFICATION ~ The applicant or agent must certify that the proposed activity is consistent with the State's CMP or the approved local · waterfront revitalization program, as appropriate. If this certification cannot be made, the proposed activity shall not be undertaken. If this certification can be made, complete this Section. "The proposed activity complies with New York State's approved Coastal Management Program, or with the applicable approved local waterfront revitalization program, ane will be conducted in a manner consistent with such program," Applicant/Agent's Address: SUBMISSION REQUIREMENTS 1. The applicant or agent shall submit the following documents to the New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, 162 Washington Avenue, Albany, New York 12231, a. Original signed form. b, Copy of the completed federal agency application, c. Other available information which would support the certification of consistency. The applicant or agent shall also submit a copy of this completed form along with his/her application to the federal agency, If there are any questions regarding the submission of this form, contact tide Department of State at (518) 474-6000. *These state and local documents are available for inspection at the offices of many federal agencies, D_e._,p_art_ment of Envir_on_ment. al Conservation and Departmer~t of State regional offices, and the appropriate regional and county planning agencies. Local program i]~~~ble~FSF~o'-~-~-t-~offices of the appropriate local government. FCAF Revised 12/6/93 NEW YORK' STAT~' DE.PARTMENT OF ENVIRONMENTAL CONSERVATION JOINT APPLICAT' N FOR PERMIT U,SARMY"-qRPS OF ENGINEERS APPLICATION NO. Please read ALL instructions on back before completing this application. Please type or print clearly in ink. Attach additional information as needed. ["-]ARTICLE 9, TITLE 1, ARTICLE 43 6NYCRR 646 (LAKE GEORGE RECREATION ZONE) [] ARTICLE 15, TITLE 3 (AQUATIC PESTI(3DES CONTROL) [~]6NYCRR 327 (AQUATIC VEGETATION) ~ 6NYCRR 328 (FISH) ~6~YCRR 329([NSEC1 ~ For the construction, reconstruction, or repair of a DAM or other impoundment structure, []For the disturbance of a STREAM BED OR BANKS or excavation b or fifl of NAVIGABLE WATERS. []401 WATER QUALITY CERTIFICATION ' [-'[ARTICLE 15, TITLE 1S r--],6NYCRR 601 (WATER SUPPLY) [~]6NYCRR 602 (LONG ISLAND WELL) [--]ARTICLE 15, TITLE 27 6NYCRR 666 (WILD. SCENIC AND RECREATIONAL RIVERS) [-']ARTICLE 24 6NYCRR 662, 663 (FRESHWATER WETLANDS) [~]ARTICLE 36 6NYCRR 500 (FLOODPLAIN MANAGEMENT) [--]ARTICLE 2S 6NYCRR 661 (TIDAL WETLANDS) ~m]ARTICLE 34 6NYCRR 505 (COASTAL EROSION) [~S[CTION 10 (RIVER AND HARBOR ACT OF 1899) for structures and work in navigable waters of the U.S, [~COASTAL CONSISTENCY CERTIFICATION. [--]SECTION 404 (CLEAN WATER ACT OF 1977) for Disposal of dredged ar fill material in waters of the U.S. [~]SECTION 103 (MARINE PROTECTION, RESEARCP ~,ND SANCTUARIES ACT) for the transportation of dredged materials for dumping into ocean waters...: 1. LIST PREVIOUS PERMIT/APPLICATION NUMBERS AND DATES (If anyJ 2. APPLICANT IS A/AN ' ~:]Owner ~---}Operator [::]Lessee ~'-~M, nlcioalit,/[Go~ernmental Age~o/ (Check as many as apply) ~. NAME OF APPLICANT (Use Full Name) MAILING ADDRESS TELEPHONE (Where can be reached during day} ,;,,POST OFFICE : 4. NAME OF [~Owner ~gentjContact Person. Wh,~o,e) MAILING ADD~ESS ' , POST OFFICE TELEPHONE (Where can be reached during day) 2 coDE. 5. PROJECT/FACILITY LOCATION (Mark tocation on map, see Number lB on reverse side) County $ ?< 1 or citS ' 'rrW Z- STREET ADDRESS (If different from applicant) POST OFFICE ; .. ] STATE ZIP CODE. ~: ~AME OFSTREmO~ ~ODYOFWATER "7'0 ks/At C/'?/Z~/< o~O cNA~T~ ' ~O ~/< ~ 7 7. HAS ·WORK BEGUN ON PROJECT? If YES, attach explanation on sta~in~ work without permit, includes dates. [ 8. WILL PROJECT UTILIZE STATE LAND. [] Yes [~ No ~.. PRO.osED USE: ~";~vate [] Public [] Commercial Show work on map and/or drawings. 10;.PROPOSED STARTING DATE: ' 11. APPRoxIMATE COMPLETION DATE: 12. FEE OF [NYS Permit Only) 5 Enclosed 13. PROJECT DESCRIPTION: (e.g. quantity and type of mater/at to be. excavated, dredged or used for fill or rip rap, location of disposal sites; type of structure to be installed; height of dam; size of impounden~ capacities of proposed water ~ources; extent'of distribution system; etc.] ~AaeO w 4~ U,.,ASH~P out ~: ~U~/<.~ ~Cot~ ~ /~T~ ,~lY ~oc~fw~ 14. WILL THIS PROJECT REQUIRE AOOlTIONAL FEDER; [.,STATE AND]OR LOG~L P~RM[TSZ 15,, CERTIFICATION: I hereby affirm that under penal/tv of perjury that information provided on this form and ail attachments submitted herewith is true to the best of my knowledge · and belief, False statements made herein are punishable its a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the applicant accepts full responsibility for all damage, direct or indirect, of whatever nature, and by whomever su[fered, arising Dot of the p'roieU described herein and a~rees, to indemnify a~d save harmless the State from suits, actions, damages and co,ts of every name and description result/n8 from said proiect. In addition, Federal Law, 18 U,5.C. Section 1~1 provides for a fine of not more than $10,~ or imprisonment for not more than five years, or both, ,where an applicant knowingly and willfully faisifie5, conceals, or covers uD a material fact; or knowingly makes or uses a false, fictitious or fraudulent statement. ~ I hereby a.thoriz~ the agent named in ~mber 4, above to ~Jt this application on my behaff, PLEASE READ ALL INSTRUCTIONS ON REVERSE SIDE from flooding and erosi~..,, Excavation of coastal features, improperly designed inadequate site planning, or other similar actions which fail to recognize their fragile nature high protective values, lead to the weakening or destruction of those landforms. Activities development in, or in proximity to, natural protective features must ensure that all such adverse actions are minimized. Pr/mary dunes will be protected from all encroachments that could impair their natural protective capacity. POLICY 13 CONSTRUCTION OR RECONSTRUCTION OF EROSION PROTECTION STRUCTURES SHALI. BE UNDERTAKEN ONLY I~ THEY HAVE A REASONABLE PROBABILITY OF CONTROLLING EROSION FOR AT LEAST TrtTR~ YEARS AS DEMONSTRATED IN DESIGN AND CONSTRUCTION STANDARDS AND/OR ASSURED MAINTEN~CE OR REPLACEMENT PROGRAMS. Explanation of Policy Erosion protection structures are widely used throughout the State's coastal area. However, because of improper design, construction and maintenance standards, many fail to give the protection which they are presumed to provide. As a result, development is sited in areas where it is subject to damage or loss due to erosion. This policy will help ensure the reduction of such damage or loss. POLICY 14 ACTIVITIES AND DEVEIJ2)PMENT, INCLUDING THE CONSTRUC- TION OR RECONSTRUCTION OF EROSION PROTECTION STRUCTURES, SHALL BE UNDERTAKEN SO TItAT THERE WILL BE NO MEASURABLE INCREASE IN EROSION OR FLOODING AT TIlE SITE OF SUCH ACTIVITI~ OR DEYELOP~T, OR AT OTHER LOCATIONS. Explanation of Policy Erosion and flooding are processes which occur naturally. However, by his actions, man can increase the severity and adverse effects of those processes, caus/.ng .d~age m, or loss of property, and endangering human lives. Those actions include: the use of erosion protection structures such as groins, or the use of impermeable docks which block the littoral transport of sediment to adjacent shorelands, thus increasing their rate of recession; the failure to observe proper drainage or land restoration practices, thereby causing mn-Off and the erosion and weakening of shorelands; and the placing of structures in identified floodways so that the base flood level is increased causing damage to otherwise hazard-free areas. POLICY 15 MINING, EXCAVATION OR DR~2DGING IN COASTAL WATERS SItALI. NOT SIGNIFICANTLY ~ WITH TttE NATURAL COASTAL PROCESSES .-WltlCH--SUPPEY-~-BEACtt-" MA~ - TO-~' 'Lg2qI) ......... ADJACENT TO SUClt WATERS AND SHALL BE UNDERTAKEN IN A MANNER WHICH WILL NOT CAUSE AN INCREASE IN EROSION OF SUCH LAND.. 18 Explanation of Policy Coastal processes, including the movement of beach materials or shoreline sediment by water, and any mining, excavation or dredging in nearshore or offshore waters which changes the supply and net flow of such materials mn deprive shorelands of their natural regenerative powers. Such mining, excavation and dredging should be accomplished in a manner so as not to cause a reduction of supply, and thus an increase of erosion, to such shorelands. Offshore mining is a future alternative option to land mining for sand and grave! deposits which are needed to support bui!ding and other industries. .: POLICY 16 PUBLIC FUNDS SHALL ONLY BE USED FOR EROSION PROTECTIVE STRUCTURES WlTERE NECESSARY TO PROTECT HLrM_AN Lltlg, AND NEW DEYELOPM'ENT WHICIt REQUIRES A LOCATION WITHIN OR ADJACENT TO AN EROSION HAZARD AREA TO BE ABLE TO FUNCTION, OR EXISTING DEVELOPMENT; AND ONLY WITE~ TIlE PUBLIC BENEFITS OUTWEIGH THE LONG TERM MONETARY AND OTWER COSTS INCLUDING THE POTENTIAL FOR INCREASING EROSION AND ADVERSE' EFFECTS ON NATURAL PROTECTIVE FEATURES. Explanation of Policy Public funds are used for a variety of purposes on the State's shorelines. This policy recognizes the public need for the protection of human life and existing investment in development or new development which requires a location in proximity to the coastal area or in adjacent waters to be able to function. However, it also recognizes the adverse impacts of such activities and development on the rate of erosion and on natural protective features and requires that careful analysis be made of such benefits and long-term costs prior to expending public funds. POLICY 17 NON-STRUCTUR2LL MEASURES TO MINIMIZE DAMAGE TO NATURAL RESOURCES AND PROPERTY FROM FLOODING AND EROSION SItALL BE USED WlAENE~ POSSIBLE. Explanation of Policy This policy recognizes both the potential adverse impacts of flooding and erosion upon development and upon natural protective features in the coastal area, as well as the costs of protection against those hazards which Structural measures entail. "Non-structural measures" shall include, but not be limited to: Within coastal erosion--hazard-areas-identified.~ander-~ -Se¢..tion--34-1.04~- Coastal-Erosio~ ................ Hazard Areas Act (Article 34, Environmental Conservation Law), and subject to the permit requirements on all regulated activities and development established under that law, (a)the use of minimum setbacks as provided for in Section 34-108; and(b)the strengthening of coastal landforms by the planting of appropriate vegetation on dunes and ,?>, 7. P~'CONIC tt958 ~:AST ~gTCHOGUE THO Russell E. Mann Vice President- Investmems DEPARA'fENTOF 8?ATE COASTAL P~OGP, At~I8 RECaJVED MOORS & CABOT. INC. P.O. BOX 14-.B8 SOUTHOLD. NE~,V YORK 11971 ESTABLISHED 1890 516-765-.5100 AkEXANDER F. TREaDWEkl SECREtarY Of STATE STATE Of NEW YOrK DEPARTMENT OF STATE ALBANY. NY 12231-0001, July6, 1995 Mr. Russell E. Mann 1775 Caves Neck Road P.O. Box 1438 Southold, NY 11971 Dear Mr. Mann: Re: F-95-391 U.S. Army Corps of Engineers/New York District Permit Application Russell E. Mann Town of Southold, Suffolk Counw Acknowledgement of Federal Consistency Assessment Form The Departmem of State received your Federal Consistency Assessment Form and supporting information on June 16, 1995 and has determined that the submitted documentation is adequate to commence our review of your proposed project. We will contact you if additional information may be necessmy fbr consistency review purposes. You and the Corps of Engineers Mlt be notified of our decision when we have completed our review of this project for its consistency with the New York State Coastal Management Program. The Corps of Engineers cannot issue ~ perm5 ~or ~,~ Fr~ect unless the Department of State concurs with your co~istency certification. Please call Kevin Vienneau at (518) 474-6000 if you have any questions. Sincerely, William F., Bart, on Chief, ConsiStency Review and Analysis. Bureau DMsion of Coastal Resources and Waterfront RevitaLization WFB/jtb cc: COE/New York District - Sophie Ettinger NYS DEC/Region i - Robert Greene Town of Southold - Albert Krupski DEVELOPMlZ~NT POLICIES POLICY 1 RESTO~, REVITALIZE, AND REDEVELOP DETERIORATED AND UNDERUTILIZED WATERFRONT AREAS FOR COMMERCIAL, ENDUS~L, CULTURAL, RECREATIONAL, AND OTHI~R COMPATIBLE USES. Explanation of Policy State and federal agencies must ensure that their actions further the revitalization of urban waterfront areas. The transfer and purchase of property; the construction of a new office building, highway or park; the provision of tax incentives to businesses; and establishment of enterprise zones, are all examples of governmental means for spurring economic growth. When any such action, or similar action is proposed, it must be analyzed to determine if the action would contribute to or adversely affect a waterfront revitalization effort. It must be recognized that revitalization of once dynamic waterfront areas is one of the most effective means of encouraging economic growth in the State, without consuming valuable open space outside of these waterfront areas. Waterfront redevelopment is also one of the most effective means of rejuvenating or at least stabilizing residential and commercial districts adjacent to the redevelopment area. In responding to this policy, several other policies must be considered: (1) Uses requiring a location abutting the waterfront must be given priority in any redevelopment effort. (Refer to Policy 2 for the means to effectuate this priority); (2) As explained in PoLicy 5, one reason for revitati~ng previously dynamic waterfront areas is that the costs for providing basis services to such areas is frequently less than providing new services to areas not previously developed; (3) The likelihood for successfully simplifying permit procedures and easing certain requirements (Policy 6) will be increased if a discrete area and not the entire urban waterfront is the focus for this effort. In mm, ease in obtaining permits should increase developers' interest to invest in these areas. Further, once this concentrated effort has succeeded, stabilization and revitalization of surrounding areas is more likely to occur. I_omi governments through waterfront revitalization programs have the primary responsibility for implementing this policy. Though local waterfront revitalization programs need not be limited to redevelopment, local governments are urged to identify areas as suitable for redevelopment, and establish and enforce redevelopment programs. When a Federal or State action is proposed to take place in an ufoan waterfront area regarded as suitable for redevelopment, the following guidelines will be used: Priority should be given to uses which are dependent on a location adjacent to the water (see Policy 2); The action should enhance existing and anticipated uses. For example, a new highway should be designed and constructed so as to serve the potential access needs for desirable industrial development; JUL 61995 iL~ T©~,~¥N ©~ SOUTHOLD Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO .... DATE: ... 5./25/95 ............ ISSUED TO ........ RII.$.$,ELL ,E; .... MANN ............................................................. 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 "REGULATING AND THE PLACINC= 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 ...... 5/25/95.. 19...9.5..., and in consideration of the sum of $..!50.,.Q0 ..... paid by ....... RU.$$]~L.L..,E .... MANN. ........................................................................................... of .......... S. ottth.old ..................................................... N. Y. and subject to the Terms and Conditions listed on the reverse side hereofl of Southold Town Trustees authorizes and permits the following: To restore sand to spoil area which was dredged in 1987 north side of dock and washed away to a depth of up to 4' Town Creek Southold all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREO'F, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this dat, e. Trustees from A~ Albert J. Kmpski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 May 26, 1995, Russell E. Mann 1775 Calves Neck Road Southold NY 11971 Re: SCTM ~70-4-48 Dear Mr. Mann~ The following action was taken by the Board of Town Trustees during its regular meeting held on May 25, 1995 regarding the above matter: WHEREAS, RUSSELL E. MANN, applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 13, 1995, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendatiOns, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 25, 1995, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 37-18 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of RUSSELL E. MANN, to restore sand to spoil area which was dredged in 1987 from north side of dock and washed away to a depth of up to 4'. Located: 1775 Calves Neck Road, $outhold. Permit to construct project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. CAC Meeting of MAY 18, 1995 No. 1258 Moved by Robert Keith, seconded by John Hagerty, it was RESOLVED to recommend to the Southold Town Board of Trustees the following for the Grandfather Permit and Wetland Application of LORRAINE WENDT 115-12-1~ to Grandfather 31~2'' x ~' catwalk with associated pilings and a permit to add a 3' x 12' ramp and 6' x 20' float in an The CAC recommends APPROVAL OF THE PERMIT FOR THE RAMP AND FLOAT. The CAC recommends APPROVAL OF THE GRANDFATHER PERMIT FOR THE CATWALK IF THE CATWALK IS RAISED TO ~ WHEN IT NEEDS TO BE REPLACED .-- 980 Deep Hole Drive, Mattituck Vote of Council: Ayes: All Motion carried. No. 1259 Moved by Allan Connell, seconded by Stephen Angell, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Application of RUSSELL E. MANN 70-~-~8 to restore sand to spoil area. In 1987 sand was dredged from the north side of the dock and deposited in the spoil area. In recent years storms have washed sand from the spoil area to the north side of the dock. The CAC recommends disapproval because no need is shown. If soundings are done to prove there is a need for the dredging the CAC recommends a minimum of dredging to a ~' depth at Iow tide. 1775 Calves Neck Road, Southold Vote of Council: Ayes: All Motion carried. No. 1260 Moved by Stephen Angell, seconded by Allan Connell, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Application of JOHN XIKIS ~-1-13 to construct 1 10' x 200 +/-' wood walk between existing gabion wall and timber retaining wall. The CAC recommends disapproval because decking of this magnitude is not in keeping with the spirit of the non-turf, vegetative buffer requirement. The Council recommends the area be planted or filled with rocks to allow for percolation of runoff. Middle Road, $outhoid Vote of Council: AyeS: All Motion carried. Page 5 Albert J. Kmpski, President John Hotzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 1000-70-4-48 NAME: Russell E. Mann DATE: April 26, 1995 Chapt. 97 - Wetlands Chapt. 37 - Coastal Erosion RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: Applicant requests a Wetland Permit to restore sand to spoil area which was dredged in 1987 from north side of dock and washed away to a depth of up to 4' in the maintenance dredged area only. The Trustees need to know the yardages of material to be dredge so the correct fee can be charged. LOCATION: 1775 Calves Neck Road SCTM 91000-70-4-48 REASONS SUPPORTING THIS.DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. cc. CAC ~I09-~££ ~[6II KN ~£7~ xo~ °0'~ IL6II Eg9E-g9L AN 'pIoqsnos 8g~I xo~ '0'~ uu~ '¥ u~o£ 'q~L aoq~ooaG p~. g$9E a~qosmo ao~ aAaOSaa o~ 5uoI oo~ $!~m $,uop pu~ ~suo!~n ,:~a U~SE aaq~a~das anoA ~o~ ~ou II~O ~aA aa~a~ KIq!ssod ao '6u!ddogs '$!q!gxa ~nasn~ ao KaaII~6 ~ 'aau!~m ~ Io~ aIdd~ 6!~ ~g~ o$ sn gSya 6u!ddya$-X~p snoq~ o!~s~!snq~ua ii!Ss noK ~¥ 'sd!as snq HI%~ ag$ ~noq~ i~$ noX aog ~ou~ sn SaI ~s~aI~ '$uo~X~d ~o ~d~aoaa 6uTpuad 'KlUO s~aa~ o~$ pIag ag II~a suo~Aaasa~ auogd '$s~d ag$ u7 s¥ paMooq XIIn~ uaaq Sou s~g snq aq% ~!3 ~,~ ~i ~*!~!~i~dap ~aq~asdos aRS g$~a aA~$Oa~O a~ooaq o$ Ao~Iod ~au ag$ :u aS~ald ~os 'aA!~oa~qO X~tad ./no su~a~ ~UIS!~I~DUn~ '~ 775'- US Army Corps of Engineers New York District 26 Federal Plaza New York, N.Y. 10278 A~N: REGULATORY BRANCH Not,ce In replying refer to: Public Notice No. Published: 9 DEC To Whom It May Concern: This District has received an application for a Department of the Army permit pursuant to /X/ Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403); /-~ Section 404 of the Clean Water Act (33 U.S.C. 1344). APPLICANT: ACTIVITY: WATERWAY: LOCATION: Jerry Bady Calves Neck Road Southold, New York 11971 Reconstruction of a pier and bulkhead and dredging with upland disposal Town Creek, Sh'elter Island Sound Calves Neck Road, Southold, Suffolk County, New York A detailed description and plans of the applicant's activity are inclosed to assist in your review. .. The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the activity must be balanced against its reasonably foreseeable detriments. Ail factors which may be relevant to the activity will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and ~ildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, ip general, the needs and welfare of the people. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise it will be presumed that there are no objections to the activity. Any person may request, in writing to the district engineer, before this public notic,= expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, with particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing. NANY FL-t29 May 83 Regulatory Branch Public Notice No. Pursuant to Section 7 of the Endangered Species Act (16 U.S.C. 1531) and based upon a review of the latest published version of the threatened and endangered species listing, a preliminary determination is that the activity under consideration will not affect those species listed or their critical habitat. Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites eligible for or included in the Register within the permit area. Presently unknown archeologica!, scientific, prehistorical or historical data may be lost by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator, U~S. Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307(c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1456(c)), for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. By this public notice, we are requesting the state's concurrence with, objection to, or waiver of the applicant's certification. No permit decision will be made until one of these actions occur. For activities within the coastal zone of New York State, the applicant's certification and accompanying information is available from, and any comments on, should be addressed to the New York State Department of State, Division of Local Government and Community Services, Coastal Management Program, 162 Washington Avenue, Albany, New York 12231 Telephone (518) 474-5063. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant has obtained or requested the following governmental authorizations for the activity under consideration: State and local authorizations as required It is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact this office at telephone (212) 264- 0184and ask for MS. Carol Ratb. 2 Incls: Io Description of Work 2. Drawing(s) F.H, Griffis Colonel, Corps of Engineers District Engineer NANY FL-129-1 ~ay 83 NANOP-E APPLICATION NO. 83-712-L2 PUBLIC NOTICE NO. D:SCR_~PTION OF WORK The applicant, Mr. Jerry Bady, has requested Department of 'the Army authorization to reconstruct an existing pier and bulkhead, and to dredge in Town Creek, Shelter Island Sound at Calves Neck Road, Southold, Suffolk County, New York. The stated purpose of the work is to prevent erosion of the upland property and to provide for a private mooring facility. The proposal would entail the reconstruction of 85 linear feet of an existing timber pier and 65 linear feet of an existing bulkhead in the same location as the old one, In addition, a low lying bulkhead located above the mean _ high water line would be extended by 25 feet in order to connect two existing sections. A 40 foot by 20 foot area adjacent to the reconstructed pier would be dredged to a maximum depth of 6 feet below the plane of mean low water. The approximately 100 cubic yards of dredged material would be placed behind the reconstructed and extended bulkheads where it would prevent its return to the waterway. It should be noted that the repair/replacement type activities are authorized by Corps of Engineers Nationwide Permit Program. Also, this Department has no jurisdiction over the activities undertaken above the mean high water line. Typical Section Scale: 1" = 30~ ' Existing timber dock to be ~u°~kh d replaced as is presentloY closed dock(Nort si e) 25'no .th ~~~] E~sting 40' ~~WMLW bulkhe~o be J] ~-~-!_.-~ i -. ~ Bottom~ replaced as is . ' ~~. pres. constructed~ ~ea to be dredged to provmce ~ deoth at ~W Suffolk Existing Dock to e rebuilt in kind in pl (t) e; low bulkhe. to be :tende~ Purpose: Prvt Mooring and Erosion Control Datum: Mean Sea level A to be r Spo: ~ Area Existin '(2) Adj. Owners Edward Max~vell, Calves Neck Rd, Southold, N.Y. 11971 2. W. Sayre Calves Neck Rd Southold, NY Hagstrom Map No 23 Scale: 1" = 40' Area to be dredged to 6' MLW. Approx 100 c.yo of sand will be removed with crane and deposited as backfill behind re- ,and extended bulkheads. Existing depth = 3' @MLW Tidal range = 2~ mn place and in kind Proposed dredging & dock/bulkhead re- construction in Town Creek at~ Southold To¥,m of Southold County of Suffolk State of New York Application by: Jerry Bady Prepared 9/10/83 sheet 1 of 1 / ..,,t~AUTHQ. jiZ~]~ALTE~ATION 0~- ADDITIOI'~/,./ , ~ ~ J~ TI':I~, SUP.",/E¥ IS A VIOLAIION OF / / BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 October 13, 1983 TELEPHONE (516) 765-1892 Mrs. Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Town Trustees at a regular meeting held on October 11, 1983: RESOLVED to recommend to the Southold Town Board APPROVAL of the Wetland Application ~163 submitted by the Land Use Company on behalf of Jerry Bady to reconstruct in kind and in place an existing 65' section of timber bulkhead. Additionally, a new 25' section of low profile timber bulkhead will be installed above the MHW line to connect two existing structures, to reconstruct a 85' timber dock and to dredge two 10' x 40' sections, with spoil to be placed as backfill for the bulkhead in Town Creek, Southold, with the provision that dredging is to be done on the northern side of the dock. The Trustees suggested that Spartina Alteriflora be planted in the unprotected area, to the east. Very truly yours, Board of Town Trustees Paul Stoutenburgh President PS:ip MAIN ./