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
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