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Home My WebLink AboutTR-4719BOard Of $outhold Town Trustees SOUTHOLD, NEW YORK 'DATE: ISSUED TO ......... l~%~i~rd..Gz:~e~ ................................... . uthorizatio. Pursuant fo the provisions of Chapter 615 of the Laws of +he State of New York, 1893; and Chapter 404. of the Laws of the State of New York 1952; and the Southold Town Ordinance em- ti+led "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 c)]....., and in consideration of the sum of $...~ ..... paid by of ........................................................................ N. Y. and subiect to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: to place approx. 10 - 8~ to 12~ X 20~ waverAbatement rafSs ~ shore in fromt of Albertsons Marine for a perio~ of one year from the start of all permits abtai~ed. A survey~ Will be dome in the beginnin~ and every 4 months. all in accOrdance with the detailed specifications as presented in the originating application, is collected by Mr. Gree~e a Town representative m~st be present. IN WITNESS WHEREOF, The said Board of Trustees here- by causes ifs Corporate Seal to be affixed and these p.resenfs fo be subscribed by a majority of the sa,d BOard as of th,s dat, e. Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel Town Hail 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 April 3, 1997 Richard ~reen 3392 Oaklawn Ave. $outhold, NY 11971 Re: Wave Abatement Systems, Inc. So~th of Atbertson Marine Dear Mr. Green: The following action was taken by the Board of Town Tr%tstees during its regular meeting held on~arck 26, 1997 regardiltg ~ above matter: WHEREAS, CHARLES GREE~ applied to the Southol~ Town Trustees for a permit under the provisions of the Wet]and Ordinance of the Town of Southold, appticationdated Febz~tarlr 6. 1997, and. WHEREAS, said application was referred to the Southotd Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held bythe Town Trustees with respect to sai~ application on March 26, 1997, at whick time interested persons were given an opportunitsrtobeheard, and. WHEREAS, the Board me~s have personally viewed and are familiar with. th~ premises in question an~ the su~roundin~ a~ea, and. WBE~EAS, the Board has considered all the testimony and documentation submitted concerning this application, andr WHEREAS, the structure complies with the standard, set fozth i~ Chapter 37-18 of the SoutholdTo~5~ Code, WHEREAS~ the Boar~ has determ&nedthatthe project as proDos~d will not affect the health, safety and general welfare of the people, of the town, NOW ~ORE BE ITr Telephone (5167 765-1801 Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL The following recommendation was made at the March 20,, 1997 meeting of the Southold Town Conservation Advisory Council: No. 1425 Moved by Scott Hiiary, seconded by Kenneth Meskill, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH STIPULATIONS of the Wetland Application of ~C~; GREENE 56-6-12.1 and state waters to install a Wave Abatement S¥'st~i~Y';~roximately 10 8' to 12' x 20' rafts to be placed in water as per submitted diagram. Water of Albertson Marine, Southold The Council recommends approval of the project with the stipulation that it be review within two years to determine its effectiveness; and the plover and tern population on the island be addressed Vote of Council: Ayes: All Motion Carried Albert J. Krupsld, President John Holzapfel, Vice President Jim King 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 February 21, I997 Charles Greene 3392 Oaklawn Ave. Southol~, NY 11971 RE: Wave Abatement Systems In front of Albertson Marine Dear Mr. Green: The following action was taken by Southold Tcwn Boar~ of Trustess on Wednesday, February 19, 1997: RESOLVED that the Southold Town Board of Trustees grants temporary approval to ptace 4 wave abatement floats ever town property in front of Abtertson's Marine as per application. The Boand will review the full application at its Ma~ch 26, 1997 regular meeting. This is not an approval from any other agency. If you have any questions, please do not hesitate ta contact. this office. Sincerely, President, Board of Trustees AJK:3md cc: CAC Aiber[ J. Kmpsld, President John Hohapfel, Vice President Jim King Martin H. GarreI1 Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only ___~asta! Erosion Permit Application ~Wetland Permit Application Grandfather Permit Application ~Re Waiver/Amendment/ChangeR c-~ved Application: ~--~/ Received Fee:$ __Comulete~ Application~]~7 Incomplete SEQRA Classification: Type I__~T!rpe II Unlisted Coordination:(date sent) CAC Referral Sent: Date of Inspection: Receipt of CAC Report: Lead Agency Determination: Technicsl Review: Public Eearing Held: Resolution: Town Hall 53095 Main Road P.O. Box 1 t79 Sou~old, New York 1 I97! Telephone (516) 765- ! 892 Fax (516) 765-I823 Name of Applicant Address ~ 3 g~ / Suffolk County Tax Map Number: 1000 - (prov~me LILCO Pole ~, distance to cross streets, and location) AGENT: ( If applicable) Address: Phone: ~.~ard of Trustees Appiicati~_ ~F24ERAL DATA Land Area (in square feet): Area Zoning: 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 ~ governmental agency? No Yes If yes, provide explanation: Project Description (use attachments i'f necessary): B~rd of Trustees Applicatiol_ WE~LAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: _~ T~ 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? ~/~ No Yes tf yes~ how much material wilt be excavated? How much material will be filled? Depth of which material will be r~moved or deposited: feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: cubic yards cubic yards Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): SEC Appendix C State Envlronmentai Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTfONS Only PART I--PROJECT ]NFORMATfON ¢o oe completed by AaoScant ~r Pro~ec~ s~onsor) if the action is in the Coastal A[ea. aad you are a s .... sgency, ccmmete '.he .._m,e procseCm~ with this asssssmem OVER I ~ £45T PATENTED WAVE ABATEMENT SYSTEMS PROTECTION FOR WORK S~TE, MARINA, OR SHORE FRONTS On site assembly, or towed to desired location ............ Easy To anchor... Iow resistance to wind and waves ....... May be easily repositioned to compensate for wind and sea changes .......................................... Keeps your water areas calmer for safer, more efficient work of men and equipment ................................. Materials used afford longevity and economy ............ FOR FURTHER INFORMATION, CONTACT RICHARD M. GREENE AT THE ADDRESS ABOVE. Board of Trustees 22 March 26, 1997 ~R. MCDUFFY: And who's job is it to get the DEC permits, and is the town going to help them get that? TRUSTEE KRUPSKI: I would be happy to speak to the DEC, how long have you been dealing with there. 5~q. MCDD~'~'Y: Well, i've run into a stumbling block. As fs_r as, I'm not well adverse to alt of the Dec law. I've had a problem with them, and every time I fill out something, they want something more. don't know where to go. And that's why I hired him. TRUSTEE KRUPSKI: Have you contacted an!m0ne there yet? MfR. MCDUFFY: Originally, they give you a fast short stery, last summer Chuck Hamilton was here. He was ine-roduced during the Kenney's Beach thing. I handed him one of my little blue flyers, and said your the thorn in my side. After the meeting he invited me t~ come in and sit down with him and talk about it. Then he said one of our men will write up the permit, and put it through, well he only wrote half of it, then they come back and want something i have ne idea how to handle. I was told a demonst_~ation, I was told i was going te be fined a $10,000.00 a day for water other than my body, er my registered boat. Well that's why I, Mr. Fitzgerald, ! got him working on it, because he knows the law better t~han t do. And that's where it stands. I attempted to do a demonstration on Orient State Park, and I was told that this would bre~2<aua~_ ~. i was lucky enough to b~ve it in the water in different places, fox about 8 years now. It's never broke~n apart. ~R. FITZGF~RAL~: One of the things you can dc, if they let us, they indicated they needed a lead agency- as a negative declaration. Even though you may not think it's a ty!o_e, whatever it is. TRUSTEE KI~JPSKi: Well we've been unburdened of the regulatory fiasco that was secret, that t~he state created. Then they were hounded to us, and then now, this past year, they have ~=Ken that back. We don't do t!rpe 1, and type 2 anymore. Which is the reason we can give you a pez~it now. If you would like I contact Chuck Hamilton, on your behalf, and see if I can't see what's happening. Because the state can be fairly cooperative sometimes. If you can get a hold of them. MR. FITZGERALD: HOw indeed is it going to a~fect, adversely affect it. TRUSTEE Ki{LrPSKI: Well you know, you den't know unless you try it really. That was our feeling I t~hink. A!right. if you would like i'd contact Mr. Hamilton, and see what he says. Well maybe Jim should contact him. TRUSTEE KING: I'll give him a call. TRUSTEE .w_RUPSKI: Cou!d. you give him a call? TRUSTEE KING:~ Sure. TRUSTEE Kt~UPSKI: O.K. I think all your t~fing to do is slow down the water velocity so the particles sett]_e out. _~q/at's what it leeks like to us. Any other comment? Do I have a motion to close the hearing?. A motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE HOLZAPFEL to close the hearing. ALL AYES. A KRUPSKI and ~seeended by TRUSTEE W~CZEL ether permits ~ ah~ ~fter-e~e~f 4 m0~$hs ~ / ALL AYES. ~ 8. DOCKO, Inc. on behalf of KAY F_ARBOR' CLUB requests a Wetland Permit to maintenance dredge +/-3' in a i5' X 15' area off existing dock used for diving and swimming. Spoil wi!! be de-watered and th~n NEW YORE STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC pERMIT NUMBEN 1-4758-01521/D0001 FACILITY/PROGEAM NUMBER(S) m TYPE OF PERMIT mi New Article 15, Title 5: Protection of Naters Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: Long island Netls Article 15, Title 27: Wild, Scenic end Recreational Rivers PERMIT Under the Environmental Conservation Law Renewal ~ Modification ~ Permit to Construct 6NYDRR 608: Water Quality Certification [] Article 17, Titles 7, 8: SPDES Article 19: Air Pollution Control ~ Article 23, Title 27: Mined Land Reclamation ~ Article 24: Freshwater Wetlands J Article 25: Tidal Wetlands EFFECTIVE DATE May 27, 1~98 EXPIRAT[ON DATE(S) May25, 2000 ~ Articles 1~ 3~ 17, 19, 27, 37; Other: PEP, MIT ISSUED TO ~ave Abatement Systems Inc c/o Richard Greene TELEPBQNE NUMBER (516) 765-9294 ADDRESS OF PEEMITTEE 3392 Oaklawn Avenue, Southold, NY 11971 CONTACT PERSON FOR PERMITTED WORK James Fitzgerald, Proper-T Permit Services TELEPHONE NUMBEE LOCATION OF PROJECT/FACILITY Offshore of Old ~oad, Budds Pond, Part of Egypt COUNTY T~WN WATERCOURSE suffolk Southold Budds Pond DESCRIPTION OF AUTHORIZED ACTIVITY Install (2) NYTM COORDINATES experimental wave abatement floating breakwaters and monitor their effects on the adjacent beach. All work shall be done in accoradnce to plans prepared by Proper-T Permit Services dated May 19, 1997. Page 1 of ~ / DEPARTMENT OF THE ARMY PERMIT Permittee: Wave Abatement Syst-m~, Inc., 3392 Oak!awnAvenue, Southold, NX 11971 (516) 765-9294 permit No.: 97-00820 Issuing Office: New York District Corps of Engineers NOTE: The term "you" and its derivatives, as used in this per~it, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: Install two breakwaters (western and eastern) for wave abatement purposes, consisting of floating devices, ranging in size from 8 feet by 12 feet to 12 feet by 20 feet. The western breakwater will consist of no greater than five floating devices attached end to end with nylon rope and secured to an 8-inch diameter pile at each end. The eastern breakwater will consist of no greater thn, 15 floating devices attached and secured as above except that the seaward end will be secured by bottom anchor. All work shall be performed in accordance with the attached drawings which are hereby made part of this permit. Project Location: IN: Budd's Pond and Southold Bay, Shelter Island Sound AT: Town of Southold, Suffolk County, New York Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on J~me 11, 2001 If you find that you need more time to complete the authorized activity, submit your requsst for a time extension to this office for consideration at least one month before the above date is reached, 2. You must maintain the activity authorized by this permit in good condition and in confo~nance with the terms a~d conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may ~ake a good faith transfer to a third party in compliance with Gene=al Condition % below. Should you wish to cease to maintain the authorized activity or should you desire to a~andon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area· 3. If you discover any previouslyunknownhisto=ic or arcbeological remains while accomplishing the activity authorized by this permit, you must i~mediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the re-mains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this per'it, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality ce=tificationhas been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You m=st allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or bas been accomplished in accordance with the terms and conditions 0f your permit. 1145b (Shelter Island Sound - Wave Abatement Systems, Inc. - breakwater) EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A)) George E. Paraki Al~xander E Tr~adweli Secreta~, ~f State Mr; Janaes E. Fitzgerald Jr. Proper-T Permit Services P.O. Box 617 Cutehogue, NV 11935-0617 Dear Mr. Fitzgerald: April t4, 1998 Re: F-97-533 - U.S. Army Corps of Engineers/New York District Permit Application Wave Abatement Systems, Town of Southold, Southold Bay The Department of State has completed its evaluation of your Federal Consistency Assessment Form and certification that the above proposed permk activity complies with New York State's approved Coastal Management Program, and will be conducted in a m~nner consistent with this program. This consistency decision is based on the revised plan received from the Army Corps of Engineers on February 1 i, 1998. 'Fne proposed installation and monitoring of the wave abatement devices are temporary in that their installation and monitoring will only be over a twelve month period. At the end of that period the data cotlected will be evaluated by the involved federal, state and local agencies. The monitoring and collection of data will be in accordance to the guidelines that you provided to us on November 20, I997. Pursuant.:te 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification. This concurrence is made with the understanding that there is no dredging associated with this project. Additionally, this concurrence is without prejudice to, and does not obviate the need to obtain alt other applicable licenses, permits, mud approvals required under ~s~ng State statutes. The U.S. Army Corps of Engineers is being notified of this decision by copy of this letter. GRS:~b Sincere3y, R. Director cc: COE/New York District - S. Ettinger DEC/Region 1 - Mark Carrara Town Of Southold March 5, 1998 George E. Paraki Alexander E Treadwell Secretary o1 State Mr. James E. Fitzgerald Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935-0617 Dear Mr. Fitzgerald: F-97-533 - U.S. Army Corps of EngineersfNew York District Permit Application Wave Abatement Sys*ems, Town of Southold, Southold Bay The Department of State has completed its evaluation of your Federal Consistency Assessment Form and ce~ification that the above proposed permit acuviry complies with New York State's approved Coastal Management Program, and will be conducted m a marmer consistent with this program. This consistency decision is based on the revised plan received from the Army Corps of Engineers on February~ 11, 1998, and that the proposed wave abatement devices are temporary in that their installation and monitoring will only be over a twelvemonth period. At the end of that period the data collected will be evaluated by involved federal and state and local agencies. The monitoring and collection of data will be in accordance to the guidelines supplied by you dated November 20. 1997. Pursuant to 15 CFR Section 930.63. and based upon the project information submitted, the Department of State concurs with your conalstency certification. This concurrence is made with the understanding that ~ resultant dredge spoils of this project will be deposited in aa approved upland site. Additionally, 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 Co~s of Engineers is being notified of this decision by copy of this letter. GRS:gjh cc: COE/New York District - S. Ettinger DEC/Region 1 - Mark Carrara Town of Southold S~ncerety, Director George E. Pataki AIexander E Treadwdl Secretsr~7 of State February 11, 1998 James E. Fitzgerald. Jr. Proper-T Permit Services P.O Box 617 Cutchogue, NY 11935 F-97-533 - U.S. Army Co~, s of Engineers/New York Dist.~ct Permit Application '~/ }i/ave Abatement System, Sou&old Bay Suffolk County, Town of Southold REOUEST FOR ADDITIONAL Dear Mr. Fitzgerald: Following up on our telephone discussion of a few weeks ago. We had additional concerns relating to the monitoring and collection of data relating to the placement of the proposed wave abatement system. I had forwarded a memo dated December 8, 1997 from Mr. Fred Anders of this office to you. In that memo Mr. ?mders suggested additional monitoring means and methods to insure the accuracy and reliability of the data collected. In our conversation you conveyed that you would acknowledge the comments contained in that memo, and prepare a written response. As of this date, I have not received a response from you. The requested response is necessary m enable the Department of State to adequately assess the effects of this proposed project on the coastal area. Please provide the information requested above to the Department of State within thirty days from the date of this letter. Pursuant to 15 CFR 930.64 (d), if the necessary data and information is nor provided, the Department of State may object to your consistency certification on the grounds of insufficient information. Please call me at (518) 486-3047 if you have any questions. e' aaght c: COE/New York District - J. Haggerry NYSDEC/Region 1 -J. Pavacic Town of Southold Coastal Resources Specialist US Army Corps of Engineers New York District ,~ / , Jacob ~(. Javits Federat Building New york, N.Y. 10278-0090 ATTN: ReguMtory Branch To Whom It May Concern: PUBLIC NOTICE 00820-L2 Issue Date: December 29, 1997 Expiration Date: January 28, 1998 The New York District, Corps of Engineers has reCeived an application for a Depmuuent of the Army Permit pursuantto Section 10 of the Rivers and Harbors ~ct of 1899 03 USC 403). APPLICANT: Wave Abatement Systems, Inc. 3392 Oaklawn Avenue Southold, NY 11971 ACTIVH'¥: Install breakwaters WATERWAY: Budd's Pond and Southold Bay, Shelter Island Sound LOCATION: Town of Southold, Suffolk County, New York A detailed description and plans of the applicant's activity are enclosed 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 proposed activity On the public interest. That decision will reflect the national concern for both protection and 'utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. Ail factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs,'consideration of property ownership and, in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Fed. eral, state, and local agencies and officials; Indian Tribes; and other intexestedpanies in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny apemit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used iii preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy .act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED 1N 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. CENAN-OP-RE PUBLIC NOTIC~ NO. 97-00820-L2 WORK DF-~CRIP~ON ~Wave Suffolk County, New York. The work would involve installation of two breakwaters consisting of approximately fifteen the seawaxd overall end would be secured to a bottom anchor. The stated purPose of this project isto provide wave energy abatement for erosion protection. THE AREA OF THE PROPOSED PROJECT tS CIRCLED CORPS OF ENGINEERS DATA PURPOSE: Install wave abatement devices to mini- mize impact of waves on shoreline and docking areas. IN: Southold Bay COUNTy: Suffolk DATUM: MLW AT: Southold STATE: New York W . .Application for ave Atmtemem Systems, Inc. P.O. Box 6t7, Cutehogue, Ny 11935 James E. Fitzgerald, Jr. 5t6-734-5800 %i4T. 2 c~ ~k May 19, 1997 J George E. ?ataki Alexander F. Treadwell James E~ Fitzgerald. Jr. Proper-T Permit Services Post Office Box 617 Cutcho~e. NY 1i935-06i? December I0. 1997 Re: F-97-533 U.S. Army Corps of Engineers/New York District Permit Application #97-00820-L2 Richard Greene/Wave Abatement Systems Inc.. Southold Bay, Town of Southold_ Suffolk County DEC .414738-01521/00001 Statns of Consfstencv Review* Dear Mr Fitzgerald: The Department of State is required to notify you of the status of our review of this project for its consistency wiUh the New York State Coastal Management Program if a decision has not been issued within three months following comanencement of our consistency review. We cmnnot complete our consistency review for this project until a joint Public Notice has been published by he Corps of Engineers and ~e Department of State. A copy of this leCer has been sent to the Corps of Engineers. Please call Gary J. Hafght at (518) 47&6000 if you have tony questions. William F. Barton Chief, Consistency Review and )malysis WFB:dlb cc: COE/New York District - Janes W. Haggerry NYS DEC/Region 1 - John Pas, acic Town of Southold - Albert J. Krupski, Jr. NYSDOS ACOE Town of Southold N¥SOGS New York State Department of Environmental Conservation Building 40 - SUNY, Stony Brook, New York 11790-2356 Telephone {516) A.~.~.~036S John P. C, ahllt Acting Commissioner July 3~, 1997 Re: LE~D ~GENCY COORDINATION Dear Sirs: The purpose of this request is to determine under the State Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law and 6NYCRR Part 617 the following: 1. Your agency's jurisdiction in the action described below; 2. Your agency's interest in acting as lead agency; 3. Issues cf concern your agency believes.should be evaluated. Enclosed is a copy of our permit application and a completed Part 1 of the Environmental Assessment Form (EAF) to assist you in responding. Projg~t N~De: Wave Abatement Systems Project ~: Budds Pond, Port of Egypt, Southold DEC P~rmits and...Fermit ~: Tidal Wetlands, Protection of Waters Application #1-4738-01521/00001 SEORA classification: [ ] Type I IX] Unlisted ~: [ ] DEC wishes to assume lead agency status. IX] DEC has no objection to your agen~ or another agency ass=ming lea4 agency status for this action~ but reserves the right to comment on this action if a positive determination of significance is made. Please respond to my attention within 30 days of the date of this letter. If no response is received within 30 days, we will assume that you have no objection to DEC or another agency asstu~ing the role of lead agency, and have no comments to offer regarding the proposed action at this time. Page 2 Please feel free to contact this office at (516) 444-0365 for further information or discussion. cc: (see distribution list) Sincerely, Mark C. Carrara Senior Environmental Analyst 14-16-2 [9/95]-: 7C 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a proiect or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- Iy, there are aspects of a project that are subjective or unmeasureable. ]t is also understood that those who determine significance may have little or no formal knowiedge of the environment or may not be technically expert in environmental analysis, in addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question Qf significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured tha, t the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full. FAF is comprised of three parts: Part 1~ Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action, it provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Ide. ntify the Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project wilt not result in any large and important impact(s) and, therefore, is one which will .ot have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C: The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will he prepared. * A Conditioned Negative Declaration is oniv valid for Unlisted Actions Name of Action Name of Lead Agency Print or Tvoe Name of Resoonsibte Off cern Lead Agency Title of Responsibl~ Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer} Date 1 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Ptease complete the entire form, Par~ A through E. Answers to these questions will be considered as part of the appiication for approval and may be subject to further verification and public review. Provide any additional information you beiieve w[[[ be needed to complete Pa~s 2 and 3. it is expected that completion of the full EAF will be dependent on information currentiy available and will not involve new studies, research or investigation. ]f information requiring such additional work is unavailable, so indicate and specify each instance. DBCRI~ION OF ACTION ~stal] Bp Io l~ ~oat~8 wave al)at~mcnt ~o b~s, on~ ba~ consist~ of up Io fiv~ d~c~s ~H~ch~d ~nd to end with nylon rop~ ~nd secured to a 8" d. sp~e al each overall end, and one ba~ consisting of up to ten de~,ices at- tached and secured as above except that lhe seaward overall end will be secured lo a bottom L anchor. Please Complete Each Question-Indicate N.A. if not appli~bte A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ~Orban~ Industrial DCommercial. DResidential {suburban) ~Rural {non-farm) 2. Tota~ acreage of project area: ]~/~ acres. / APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland {Non-agricultural) acres acres Forested acres acres Agricultural {lncludes orchards, cropland, pasture, etc.) acreg - acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Sudace Area acres acres Unvegetated (Rogk, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres is predominant soil type[s) on project site? 3. What a. So~t drainage; ~WeJJ drained % of site ~oderateJy we]~ drained % ~ site ~ ~Poor]V drained % of site b. If any agricultural ]and is involved, how many acres Land Classification S~stem? _ ~ acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on proj~cJ s}te~ ~Yes ~No a. What is depth to bedrock? ~/~ (in feet) 2 $. Approximate percentage ot ~roposed project site with slopes: [0-¢1~% % [10-15% % r-115% or greater 6. Is .project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? OYes 7, Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ~Yes'~ ~No 8. What is the depth of the water tabie? ~/~ (in feet) 9. Is site located over a primarY, principal, or sole source aquifer? ~Yes ~No 10. Do hunting, fishing or shell fishin~ opportunities presently exist in the project area? ~Yes ~No 11. Does project site contain any species of plant or ~nimal life that is identified as threatened or endangered? Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other ~eolo~ica] formations) ~Yes ~o Describe 13. Is the project site presentJy used by the commumty or neighborhood as an open space or recreation area? -~Yes ~o If yes, explain 14. Does the present site include scenic views known to be important to the community? [Yes 1S. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or,contiguous to project area: b. Size (In acres) 17. is the site served by existing public utilities? a) If Yes, does sufficient capacity exist to allow connection? FqYes [No b) If Yes, will improvements be necessary to allow connection? il-lYes[]No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? []Yes ~,No 19. Is 'the site located in or substantially contiguous to a Critical Environmenta[ Area designated pursuant to Article 8 . of the ECL. and 6 NYCRR 6177 ~-Yes E3No 20. Has the site ever been used for the disposal .of solid or hazardous wastes? []Yes ~No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) Total contiguous acreage owned or controlled by project sponsor Project acreage to be developed: /~/~ acres initially; b. c. Project acreage to remain undeVeloped N/~ acres. d. Length of proiect, in miles: ~/A {If appropriate) e, If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing ; g. Maximum vehicular trips ~enerated per hour h. If residential: Number and type of housing units: One Family Two Family Initially Ultimately (in feet) of largest proposed structure ~/~ height; i. Dimensions i- Linear feet of frontage along a public thoroughfare project will occupy is? acres. acres ultimately. (upon completion of project)? Multiple Family Condominium width; length. N/A ft. 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? ~- 3. Will disturbed areas be reclaimed? []Yes ~No a If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiied for reclamation? ~--~Yes ~No c. V.,'il[ upper subsoil be stockpiied for reclamation? ~Yes ~lNo 4. How mare/ acres of vegetation {trees, shrubs, groun~ covers) will be removed from site? '~ acres. 5. Will any mature forest (over 100 years old) or other Joca!lv-important vegetation be removed by this project? OYes 6. if single phase project: Anticipated period of construction t'~/~ months, (including demolition), 7. If multi-phased: a. Total number of phases anticipated b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase I functionally dependent on subseouent phases? 8. Will blasting occur during construction? [Yes . ~No 9. Number of jobs generated: during construction 10. Number of jobs eliminated by this project 1~]O~_~- . 11'. Will project require relocation of any projects or faci]ities? (number), month month []Yes ~lNo tons/cubic yards ; after project is complete year, (including demolition), year, [Yes ~o If yes, explain 12. Is surface liquid waste disposal involved? []Yes ~1No a. If yes, indicate type of waste (sewage, industrial etc.) and amount b. Name of water body into which effluent wi]] be discharged. 13. ts subsurface liquid waste disposa] involved? L~Yes '~O Type 14. Will surface area of an existing water body increase or decrease by proposal? []Yes Explain 15. Is project or any portion of project iocated in a 100 year flood plain? []Yes 16. Will the project generate solid waste? []Yes '~lo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? []Yes [No c. If yes, give name ; location d. Will any wastes not 8o into a sewage disposal system or into a sanitary landfill? e. If Yes, exp]ain [-1No 17. 18. 19. 20. 21. 22. 23. 24. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b~ If yes, what is the anticipated site life? Will project use herbicides or pesticides? F~Yes []Yes ~{No tons/month. years. ' No Will project routinely produce odors (more than one hour per day)? [Yes Will project produce operating noise exceeding the local ambient noise levels? E3Yes Will project result in an increase in energy use? [Yes '~No if yes , indicate type(si If water supply is from wells, indicate pumpingr, capacity ~/A gallons/minute. Total anticipated water usage per day /1~/~ gallons/day. Does project involve Local, State or Federal funding? []Yes If Yes, explain 2S. Approvals Required: City, Tqwn, Village Board BYes ENo City, Town, Village Planning Board OYes ENo City, Town Zoning Board OYes ENo City, County Health Department '_TYes ~_No Other Local Agencies EYes ~No Other Regional Agencies OYes ~No State Agencies ~kYes I~No Federal Agencies ~iYes ~No Type Submittal Date C. Zoning and Planning information 1. Does proposed action involve a planning or zoning decision? EYes ~J. No If Yes, indicate decision required: I~zoning amendment Ezoning variance ~-special use permit []subdivision ~site plan ~new/revision of master plan ~resource ma/~agement plan ~]other 2. What is the zoning classification(s)of the site?~'~]~J~bJ-1~ .i~ ~ /trel~l'~- 3. What is the maximum potential development of the site if developed as permitted by the present zoning? NrA 4. What is the proposed zoning of the site? IN{z) 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6~ Is the proposed action consistent with the recommended uses in adopted local land use plans? ~,~es ~No 7. What are the predominant land use(s) and zoning classifications within a ¥~ mile radius of proposed action?. 8. Is the proposed action compatible with adjoining/surrounding land uses within a % mile? Xes II, No 9. If ~he proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10 Will proposed action require any authorization(s) for the formation of sewer or water districts? I~Yes '~No 1'1. Will the proposed action create a demand for any communiW provided services (recreation, education, police, fire protection)? EYes '~No a. If yes, is existing capacity sufficient to handle proiected demand? E3Yes 12. Will the proposed action result in the generation of traffic significantly above present levels? [~Yes ~No a. If yes; is the existing road network adequate to handle the additional traffic? OYes ~No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated ,with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the infor, i~tio_r~provided above is t~ue to the best of my knowledge. / / If the action i~~a~ ~state age~% complete the Coastal Assessment Form before proceeding with this ass~smenL V~ ~ ~' 5 Part 2--PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinaticms been reasonable? The reviewer is not expected to be an expe~ environmental analyst. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2 The exampies are generally applicable throughout the State and for most situations. But; for any specific project or site other examples and/or lower threshoids may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, sho~ term and cumlative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an impact wilt be potentially large (column 2) does not mean that it is also necessarily significant, Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND I. Will the proposed action result in a physical change to the project site? '[NO []YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than I year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material fi.e. rock or soft) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts 1 2 3. SmAll to PotentiAl Can impac~ Be Moderate Large Mitigated By Impact impact Project Change [] []Yes []No [] ~'~ Yes []No [] []Yes []No [] []Yes []No [] ~-3 Yes ~No [] []Yes ~No [] ~Yes []No [] []Yes []No [] []','es []No 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)~NO []YES · Specific land forms: [] E} ~Yes []No 6 Small to Potential IMPACT ON WATER Moderate Large 3. Will proposed action affect any water body designated as PrOtected? impact Impact {Under Articles 1.5, 24, 25 of the Environmental Conservation Law, ECL) []NO ~YE5 Examples that would apply to column 2 · Deve!opable area of site contains a protected water body. _ · Dredging more than 100 cubic yards of material from channel of a [] [] protected stream. · Extension of utiliW distribution facilities through a protected water body. [] [] · Construction in a designated freshwater or tidal wetland. [] [] · Other impacts: [] [] s Can Impact Be Mitigated By Project Change ~.Yes []No []Yes r-JNo []Yes []No · .ti Yes ,r]No []Yes ~No 4. Will proposed action affect 'any non-protected existing or new body of water? []NO ~YES Examples that would apply to column 2 ' A 10% increase or decrease in the surface area of any body of water [] or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. [] · Other impacts: [] [] []Yes []No [] i-lYes [] []Yes []No 5, ~Vill Proposed Action affect surface or groundwater quality or quantity? ~NO []YES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will aJJow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts: [] [] []Yes []No [] [] []Yes' ,I-]No [] [] J-]Yes [']No [] [] []Yes []No [] [] []Yes []No [] [] []Yes F']No [] [] []Yes []No [] [] []Yes []No [] [] []Yes [-]No [] [] [-]Yes []No [] [] []Yes []No [] [] []Yes []No 6 WiI] proposed action alter drainage flow or patterns, or surface water runoff? []NO []YES Examples that would apply to column 2 · Proposed Action would change flood water flows. 7 [] [] []Yes []No · Proposed Action may cause substantial erosion. - Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: 1 Small to Moderate Impact 2 3 Potential Can tmpact Be Large Mitigated By Impact Project Ch~.nge IMPACT ON AIR 7 Will proposed action affect air quality? ~NO l-lYES Examples that would apply to column 2 · Proposed Action will induce %000 or more vehicle trips in any given hour, · Proposed Action will result in the incineration of more than 1 ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · ~Proposed action will al}ow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the densiW of industrial development within existing industrial areas. · Other impacts: [] FqYes []No [] []Yes []No [] []Yes []No [] F~Ves ~lNo [] l--lYes []No [] ~Yes liNc IMPACT ON PLANTS AND ANIMALS 8, Will Proposed Action affect any threatened or endangered species? ~NO ]~YES Examples that would apply to column 2 · Reduction of one or more species listed on the New'York or Federal list, using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts: [] [] []Yes []No [] [] []Yes []No [] [] ~]Yes ~No [] [] []Yes []No 9. Will Proposed Action substantially affect non-threatened or non-endangered species? []NO []YES Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. e Proposed Action" requires the remova] of more than 10 acres of mature forest (over 100 years of age} or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ~NO [~YE$ Examples that would apply to column 2 · The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No 8 * Construction activity wouid excavate or compact the soil profile of agricultural land. - The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. . The proposed action would disruptor prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [] [] []Yes []No [] [] ~]Yes ~r-~o [] [] []Yes []No IMPACT ON AESTHETIC RESOURCES 11. WiN proposed action affect aesthetic resources? ~NO OYES {If necessary, use the Visual FAF Addendum in Section 617.20, Appendix B.) Examples that would apply to column 2 · Pr?posed land uses, or proiect components obviously different from or in sharp contrast to current surrounding land use patterns, whether mammade or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjc~yment of the aesthetic oualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: [] [] []~es []No [] [] [-]Yes []No [] [] []Yes I--'iNo [] [] []Yes []No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or pa]eontologica] importance? ~NO ~YES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventor,/. · Other impacts: [] [] []Yes []No [] [] []Yes /']No [] [] []Yes []No ~ [] []Yes ~No IMPACT ON OPEN SPACE AND RECREATION !3. WiN Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities~ ~xamp[es that would apply to column 2 ~NO The permanent foreclosure of a future recreational oppo~unity. A major reduction of an open snace important to the community. Other impacts: [] [] []Yes []No [] [] []Yes []No [] [] []]Yes ~No IMPACT ON CRITICAL ENVIRONMENTAL AREAS Will Proposed Action impact the exceptiona! or unique character- istics of a critical environmental area (CEA) estabiished pursuant to subdivision 6 NYCRR 617.14(g) ? ~_NO ~YE5 List the environmental characteristics that caused the designation of the CEA. 1 Small to Moderate impact 2 3 Potential Can impact Be Large Mitigated By Impact Project Change Examples that would apply to column 2 · Proposed Action to locate within the CEA? · Proposed Action will result in a reduction in the quantiW of the resource? · Proposed Action will result in a reduction in the quality of the resource? · Proposed Action will impact the use, function or enjoyment of the resource? · Other impacts: [] [] []Yes []No [] ~ OYes []No [] ~m []Yes []No [] [] []Yes ~]No [] [] E~Yes ~]No IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ~NO F~YES Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems. · Other impacts: [] [] [--]Yes []No [] [] []Yes []No [] [] []Yes []No IMPACT ON ENERGY 16 Will proposed action affect the community's sources of fuel or energy supply? ~NO I~YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality, · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. ' Other impacts: [] [] ~JYes []No [] [] ~Yes []No [] []Yes J~No 10 NOISE AND oDoR IMPACTS Small to Potential 17 Will there'be objectionable odors, noise, or vibration as a result Moderate Large of'th.e Proposed Action? ~mNO ?YES Impact Impact Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive [] [] []Yes []No facility. · Odors will occur routinely (more than one hour per day). [] [] []Yes r-qNO · Proposed Action will produce operating noise exceeding the local [] [] I~Yes []No ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a [] [] ]-]Yes noise screen. · Other impacts: [] [] []Yes []No 3 Can impact Be Mitigated By Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? [NO Fq, YES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous [] substances (i.e. oil pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. · Prbposed Action may result in the burial of "hazardous wastes" in any [] form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) · Storage facilities for one million or more gallons of liquified natural [] gas or other flammable liquids. · Prol~osed action may result in the excavation or other disturbance [] within 2,000 feet of a site used for the disposal of solid or hazardous · Other impacts: [] [] []Yes []No [] [-)Yes L~No [] [-)Yes []No [] []Yes []NO [] []Yes []~o IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will proposed action affectthe character of the existing community? FqNO []YES Examples that would apply to column 2 · The permanent population of the city, town or village in which the [] project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services [] will increase by more than 5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. [] · Proposed action wi]J cause a change in the density of land use. [] · Proposed Action will replace or eliminate existing facilities, structures [] or areas of historic importance to the community. · Development will ~reate a demand for additional community services [] (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. [] ' Proposed Action will create or eliminate employment. [] · Other impacts: [] [] fi]Yes []No [] []Yes []'No [] []Yes []No [] [-]Yes []No [] F-)Yes []No [] []Yes []No [] []Yes []No [] []Yes []No [] []Yes []No 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? [NO []YES If any action in Part 2 is identified as a potential large impact or if you cannot determine the magnitude of impact, proceed to Pad 3 11 95-19-3 (5/95)--7e DEC APPLICATION.~NUMB R DISTRIBUTION DEPARTMENT OF ENVIRONMENTAL CONSERVATION ~ ~ 2nd COPY Corps of Engineers ~ 3rd COPY Program UN!TED STATES ARMY CORPS OF ENGINEERS US ARMY CORPS APPLI(~ATION NO 4th COPY NYS Agency JOINT APPLICATION FOR PERMIT 5th COPY Applicant Please read ALL instructions on back before completing this ap~p~lic~tion. Please type or print clearly in ink. Attach additiona[ informauon as needed. Z FRESHWATER WETLANDS .~TiDAL WETLANDS ~_ WATER SUPPLY [] LONG ISLAND WELL ~-~ PROTECTION OF WATERS FOR: ~ A. Construction or ol&cement of docks and moorings ~1 E. Construction. reconstruction, or repair of a DAM or other impoundment structure ~ C. Disturbance of a STREAM BED or BANKS or excavation in or fill of NAVIGABLE WATERS [] 401 WATER QUALITY CERTIFICATION ~ COASTAL EROSION CONTROL ~ LAKE GEORGE PARK COMMISSION lDocks and Moorings) [] WILD, SCENIC OR RECREATIONAL RIVERS ~ AQUATIC PEST CONTROL FOR: [] A. Aquatic Vegetation Controi [] B. Fish Control [] C. Insect Controi 1. LIST PREVIOUS PERMIT/APPLICATION NUMBERS AND DATES (If any) IF OTHER THAN INDIVIDUAL, PROVIDE ~ ,~ r, J r= TAXPAYER ID NUMBER APPLICANT IS A/AN ~ Owner '~kOperator [] Lessee [] Municipality/Governmental Agency (Check as many as apply) NAME OF APPLICANT (Use FuU Name) MAILING ADDRESS TELEPHONE ¢Nhere can be reached during day) POST OFFICE · _ STATE ZIP CODE 4. NAME Of -- r~ Owner [~agenttContact Person MAILING ADDRESS POST OFFICE (Check one) TELEPHONE ONhere can be reached during day) ) STATE i ZIP CODE 5. PROJECT/FACILiTY LOCATION (Mark location on map, see Number la on reverse side) County STREET ADDRESS/LOCATION (If different from ~pplicant) . , - STATE ZIP CODE 6. N,ME OF STREAM 7. HAS WORK BEGUN ON PROJECT? If YES, attach explanation on st~ing work without permit, include dates. Show work on map and/or drawing. ~ Yes ~ NO 12. PROPOSED PURPOSE; Village DSC USE ONLY NYTM-E NYTM-N 4 8, PROPOSED STARTING DATE 11. WILL PROJECT OCCUPY STATE LAND? []Yes ~No 13. PROJECT DESCRIPTION; (e.g. quantity and type of material to be excavated, dredged or used for fill or rip rap, location of disposal sites; type of structure to be instatled; heigdt of dam; size of impoundment: capacities of uroposed water sources; extent of distribution system; size of marina and type o~ docks andrmoodngs to be~instailed; et~.) BATE SIGNATURE OF AGENT/CONTACT PERSON TITLE V N~W York State Department of EnvirOnmental Conservation Budding 40 - SUNY, Stony Brook, NY 11790-2356 Phone (516] 4a. 4-0365 Fax # (516} 444-0360 NOTICE OF INCOMPLETE APPLICATION John P. Cahi]l February 2, 1997 Richard Greene Wave Abatement Systems Inc. 3392 Oaklawn Avenue Southold, NY 11971 Re: Application %1-4738-01521/00001 Proposed Floating Breakwaters We have preliminarily regiewed the above application for a Tidal Wetlands and Protection of Waters permit to install [2) floating wave abatement breakwaters offshore of Budds Pond in Port of Egypt and find the application deficient for the following items/information. A completed Part I of the long environmnetal assessment form (enclosed). The project will be reviewed pursuant to the State environmnetal Quality review Act (SEQRA). A designation of'~Lead~ Agenc~ and a determination of significance, are necessary before your application Can be considered complete. 2. You must submit written permission from the underwater landowner, which is New York State (Office of General Services). The cross section submitted does not show apparent high water or apparent low water. This information must be shown to scale on the cross section. We must have a plan that shows the proposed depth of the structure. 4. You must demonstrate in writing that the proposed structure will not be a navigation hazard. This application will remain incomplete until all the above items are adequately addressed and/or submitted. Page 2 Do no% hesitate to call at 444-0374 if you have any questions. NYSOGS L. Chiarella file Sincerely, Mark C Carrara Senior Environmental Analyst