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HomeMy WebLinkAboutCLEAVES POINT CONDOMINIUMSSTATE Of NEW YOrk DEPARTMENT Of STATE ALBANY, NY 12231-0001 FEB - 5 ALEXANDER F. ~READWELL SECRETARY OF STATE January 30. 1996 Mr. Roy L. Haje, President Eh-Consultants, Inc. b_9 North Sea Road Southampton, New York 11968 Re: F-95-749 U.S. Army Corps of Engineers/New York District Permit Application #93-0491 l-L2 Cleaves Point Village Gardiner's Bay Town of Southold, Suffolk County NYSDEC #1-4738-00784 Dear Mr. Haje: The Department of State has completed its evaluation of your Federal Consistency Assessment Form and certification that the above proposed permit activity, complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification. This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals required under existing State statutes. The U.S. Army Corps of Engineers is being notified of this dec/sion by copy of this letter. OP, S/SCR CCi Sincer. ely, /7. ~ge R. S ta~o~ : Director ~ Division of Coastal Resources and Waterfront Revitalization COE/New York District - Sophie Ettinger DEC/Region 1 - Robert Greene OGS - Bethany M. Wieczorek Town of Southold - Albert Krupski ALEXANDER F. T~Ea0WEIi SECRETARY OF STATE STATE Of NEW YOrK DEPARTMENT Of STATE ALBANY, NY 12231-0001 December 6, 1995 Mr. Roy L. Haje, President Eh-Consultants. Inc. 1329 North Sea Road Southampton, NY 11968 Re: F-95-749 (Formerly F-93-279) U.S..&rmy Corps of Engineers/New York District Permit Application #93-04911-L2 Cleaves Point Village Town of Southold. Suffolk County DEC #1-4738-00784 Acknowledgement of Federal Consistency Assessment Form Dear Mr. Haje: The Department of State received your Federal Consistency Assessment Form and supporting information on December 6. 1995 and has determined that the submitted documentation is adequate to commence our review of your proposed project. We will contact you ff additional information may be necessary for consisrency review purposes. You and the Corps of Eng/neers will 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 a permit for this project unless the Deparrmem of State concurs with your consistency certification- Please call Steven C. Resler at (518) 474-6000 if you have any questions. William F. Barton Chief, Consistency Review and Analysis Bureau Division of Coastal Resources and Waterfront Revitalization WFB:dlb cc: COE/New York District - Sophie Ettinger NYS DEC/Region 1 - Robert Greene Town of Southold - Albert Krupsk/ ALEXANDER F. TREADWELL SECRETARY Of STATE STATE OF NEW YORK DEParTMENT Of STatE ALBANY, NY 12231-0001 December 6, 1995 Mr. Albert J. Krupski, Jr. Trustee, Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: F-95-749 (Formerly F-93-279) U.S. Army Corps of Engineers/New York District Permit Application #93-04911-L2 Cleaves Point Village DEC #1-4738-00784 Dear Mr. Krupski: Enclosed is a copy of the information submitted to the Department of State for re-vaew of the above-referenced project with respect to its consistency with the Coastal Management Program for your information and preliminary review. Please contact Steven C. Resler, 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 yon 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:dlb Gall S. ShafFER SECREtaRY of State Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 STATE Of New YOrK DEPARTMENT OF STATE AlBaNY, NY 12231-O001 August 9, 1994 SOUTHOLD TOWN PLA, NNi~',JG BOARD Re: F-93-279 U.S. Army Corps of Engineers/NY District permit Application #93-04910-L2 Cleaves Point Village Town of Southold Request for Additional Information Dear Mr. Haje: The Department of State received your request for a modification of the consistenc~~ decision issued for the above project On December 7, 1993. Based on our review of the new information, we have determined that the 900+/- square feet of additional structure, a substantial portion of which would be located in front of an adjacent upland parcel, would cause coastal zone effects substantially different than those originally reviewed by this Department. Therefore, please submit a completed Federal Consistency Assessment Form (FCAF) and the following necessary data and information which will enable the Department of State to adequately assess the coastal zone effects of this proposed project~ The modified structure will encompass an area of over 4,000 square feet. Has the New York State Office of General Services been contacted for permission to occupy state owned underwater lands? o In addition to the additional square footage, a substantial portion of the structure would be located in front of an adjacent parcel. Please submit a copy of any deed modification or other fomi of conveyance which provides your client with littoral fights to build the structure as proposed. o What are the reasons for siting the proposed finger piers on the west side of the fixed pier, rather than .the east Side directly in front of the applicant's property? ~'~ printed on recycled paper Mr. Roy L. Haje Page 2 o The extent of the wave curtain has been increased. Please analyze alternatives to the wave curtain and the adequacy of this proposed structure to protect vessels. The structure is proposed in a heavily trafficked and open Waterway, and would be subject to strong tides, waves and ice damage. Pursuant to 15 CFR 930.60(a), the review of your consistency certification will begin after we receive and deten~,ine that the necessary data and information is adequate to assess coastal zone effects. Any additional information which you believe will facilitate our consistency review of this project would be appreciated. A copy of this letter has been sent to the U.S. Army Corps of Engineers. Please call Steven Resler at (518) 474-6000 if you have any questions. Sincerely, William Feldhusen Environmental Analyst cc: COE/NY District - Sophie Ettinger NYS DEC/Region 1 - Robert Greene Town of Southold - Valerie Scopaz TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 March 24, 1993 susan Hallock Cleaves Point Condominiums P.O. Box 29 Greenport, NY 11944 Dear Ms. Haltock: Please be advised that the request to replace the fill lost in the December storm is considered an ordinary repair by this office. Please note that any additions to revetment other than replacing and repair existing material, must receive proper permits from this office. If you have any other questions, please do not hesitate to contact this office. V~ ~ruty yours, ~ohn M. Bredemeyer, III President, Board of Trustees JMB: j md Southold Town Trustees Town Hal 1 Main Rd. Southold, New York 11971 CLEAVES POINT CC [] VILLAGE [] COMMONS [] CLU P,O, BOX 29 GREENPORT, NEW YORK (516) 477- 8657 ~93 Dear Sirs: On December 23,1992 an emergency permit was issued by the N.Y.S.DEC in order to repair a small area of erosion along our Gardiner's Bay shoreline. On this same day, having been advised by the DEC officer to contact the Town Trustees, I proceeded to your office and spoke with Jill Thorpe. I requested notification of any required paperwork in order to ob-. tain the Trustee's approval for the project - Jill copied the DEC file and said she would submit same to the Trustees. It was my understanding that due to the reason for and the nature of the work, consideration would be expidited and that if the Trustees did not concur with the DEC, I would be notified within a few~.days. In the meantime, not wanting to risk fur{her erosion should another~storm batter the property, Terry Latham trucked in most of the fill to be replaced as per the DEC permit. On January 16, 1993(our file got lost in the shuffle), John Bredemeyer left a message on our office answering machine that the Trustees should be contacted for an emergency permit. Please issue same ASAP so that the repair may be completed(not available for your file on Dec.23Wd, enclosed please find copies of the photos sub- mitted' with the DEC application.) ~usan ~allock, Manager Enclosures OEC PER~41~ '~U.,4LIFR FACILIT¥,PROCR^M NUMBER(si PERMIT Under the Environmental Conservation L~w (ECL) EXPIRATION oArE TYPE OF PERMIT {Che~k All ApPlicabl! Boxes! [] N~ [] ~ene~vll [] ~odificati~ Article 15, Title 5: ~ Protection of Water ~ Article 15, Title 15: ~ Water Supply ~ Article 15. Title 1S: ~ Water Transport r----~ Article 15. Title 15: ~ Long Island Wells ~ Article 15, Title 27: ~ Wiid, Scenic and Recreational Rivers [-----1 [--~ 6NYCRR 608: Water Quality Certification Article 17. Titles 7. 8:'' , . SPDES Article 19: . Air PollUtion Control Article 23, Title 27: , Mined Land Reclamation Article 24: Fresllwater Wetlands Article 25: Tidal Wetlands Article 27. Title 7; 6NYCRR 360: Solid Waste Management Article 27. Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: COastal Erosion Management Article 36: ' Floodplain Management Articles 1, 3, 17, 19, 27, 37; , 6NYCRR 380: Radiation Control Other: By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (See Reverse Side) and any Special Conditions included as part of this permit. ~l~;,"~:~,,reA'roe J ,OORESS Regu.].atory AffAi.£s, Reg:[oo. O~e - Bldg. 40 SUei~ Robert A. Greene ~ ] , Stony Brook, 1~ 11790-2356 ' t '-"- ,' ' -' , GENERAL CONDITIONS Inspections 1. The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine wl~ether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECl. 71-0301 and SAPA 401(3), A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the projeqt site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Permit Changes'and Renewals 2. The Department reserves the right to modify, suspend or.revoke this permit when: 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 regulations iS found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or .d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. 3. The permittee must submit a separate written application to the Department for renewal, modifica- tion or transfer of this permit. Such application must include any forms, fees or supplemental infor- mation the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. 4. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. 5. Unless expressly provided for by the Department, issuance of this Permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, con- ditions or requirements contained in such order or determination. Other Legal Obligations of Permittee 6. ' The permittee has accepted expressly, by the execution of the application, the full legal responsibili- ty for all damages, direct or indi'tect, of whatever nature and by Whomever suffered, arising out of the project described in this 'permit and has agreed to ir~demnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from this project. 7. This permit does not convey to the permittee any right to trespass upon the lands or interfere with ' the riparian rigi~ts of others in order to perform the permitted work nor does it authorize the impair- ment of any rightS, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights. of-way that may be required for this project. Page 2 of 5 ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Tille ~], 24, 25. 3.1. 36 and & NYCRR Part 608 ( 9 That if future operations by the State of New York reqmre an al-' teration in the position pi: the structure or work herein authonzed, or if, in the opinion of the Oepartment of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or we[fare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused 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 su~:h extent and in such t~me and manner as the Department or Env~ronment,~[ 10 That the State of New York shall in no case be liable lot an, damage by of result from future operations undertaken by the State for the conservation or ~mpro..ement of n.a~igation, or for other ~ur,ao~es and no claim or right :o compensaUon shah accrue from aris ~uch dama~;e 11 Cranting of this permit does not relieve the applicant of the responsi- bility of obtaining any other permission, consent or approval from the US. Army Corps of Engineers, U S. Coast Guard, New York State Office of Ceneral Ser;ices or local government which ma; be required 12 All necessary precautions shall be taken to preclude contamination of any wetland or waterway bY suspended solids, sediments, fuck. solvents, lubricants, eoo×v coatings, paints, concrete, leacha:e or other environmentally deleterious materials associated with the prmect. 13 Any m~terial dredged in the prosecution of thework herein permitted shall be removed e~enlv, without leaving large refuse plies, ridges across the bed of a water~,,av or floodplain or deep holes that may ha~e a tendency to cause damage to navigable channels or to the banks of a waten~ay. 14. There shall be no unreasonable interferenc~ with navigation by the work herein authorized. 15. 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 :o such extent and in such time and manner as the Deoartment of Em. -rcnmental Conservation may require remo~ e ~i[ If granted under .~r:.c'.e 36, th~s permit does not sigmfy In tha! the project :~J.! ~e free from flooding 17 ir granted under 6 ~,'.CRR Part 60& the NYS Department oi Environ* mental Conservation here~by certifies that the subiect proiect ,.~dl not 'Sections 301. 302 3'~3. 306 and 307 of the Clean Water Act of 1977 (PL 95-217) pro~idec teat all oi the conditions listed herein are met 18 All activities authorized b'~ this permit must be in strict conformance .with the approved plans submitted by the applicant or his agent as part of the permit apphcat~on. S'uch approved plar~ v. ere prepared by on SPECIAL ..... 1 .~, S 1. A copy of this permit with supplementary conditions and .approved plans must be available at the project site whenever authorized work is in progress. 2. The permit sign enclosed with the permit or a Copy of letter of approval must be protected from the weather and posted in a conspicuous location at the work site until completion Of authorized work. 3. At least 48 hours prior to commencement Of the project, the permittee must complete and return the top portion of the enclosed receipt form certifying that he is fully awareOf and understands allprOvisions and condikions of this Permit.' Within one week of completion of the permitted, work, the bottom portion of that fo~m must also be completed and returned. 4. If the permittee intends to undertake any project design modifications after permit issuance, the permittee must submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking an~ such modifications. The peLmittee is advised that substantial modification may require submission of a new application for permit. PROGRA,~.I F.SCIL1T'~ %U.~IBER i Page 3 , pi~ .5 NEW Y,,.. ~, STATE DEPARTMENT OF ENVIRONMENTAL CONSERV.~ ~N SPECIALCONDITIONS ForArticle 25 ( Tidal geL~ands 5. The area of fill placement shall be planted with AmeriCan Beach Grass and/or -. on inch centers during the next growing season following fill placement (spring or fall). 6. The restored dune or bluff shall be stabilized with snow fencing immediately upon completion of fill placement. 7. All fill shall consist of "clean" gravel and loam (i.e. no asphalt, slag, flyash, or demolition debris). Fill must be a maximum of 6 inches deep in all driveway and parking areas. 8. There shall be no disturbance to vegetated dune areas or vegetated tidal wetland, areas as a result of the permitted actiVity. 9. Equipment operation below mean high water is strictly prohibited. 10. Fill may be placed only in authorized, locations. 11. All fill material shall be suitably retained to prevent its eroding, leaching, or otherwise entering adjacent wetlands or waterways. Supplementary Special Conditions (A) thru (J) attached. PR~R~FACILI~ NUMBER J 4 5 I Page of f P,~opost. o ¢ i/ ~' nil i ' e (i / I,·