The URL can be used to link to this page

Home My WebLink AboutMCGOLDRICK, NEIL (2)BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Ma/n Road P.O. Box 728 Southotd, New York 1 I971 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF SOUT~OLD TOWN, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF T~E CODE OF THE TOWN OF SOUTHOLD. APPLICATION NO. APPLICANT'S N~6E: MAILING ADDRESS: Nell McGoldrick 86 Second St., Garden Citv, NY AGENT: Eh-Consultants, Inc. AGENT ADDRESS: 1329 north Sea Road, Southampton, NY PERM. IT REQUESTED TO: SEE ATTACHED Februarv 26. 199i TEL. NO. 516-248-2429 11530 TEL NO. 516-283-6360 11968 ,,OC~T=ON OF PROPERTY FOR REQUESTED PERMIT: Private road off New Suffolk Ave. HAMLET:- Mm~a~auck TAX MAP NO: 1000- i16-4-16,4 CREEK, BAY OR HARBOR FRONTING PROPERTY:, SIZE OF PROPOSED WORK: LENGTH: See Project Description WIDTH: Halls Creek, Peconic Bav 0~-08-1~4 01: 52PM ~RgM., EN--CONSLLTANTS, INC TO 765IBP_3 PROJECT D~SCRIP]LION Maintenance dredge channel within Hall's Creek and approach channel from Great Peconic Bay. A total of 1,040~' of channel will be dredged. The width of the channel will vary. The outer channel will be 50' wide (plus side slopes) and du~ to depth of S' below mean low water, plus 1' overcut. The inner channel will vary from a minimum of 20' to a maximum of 30' (both plus side slopes) and dug to a depth of 2' +1' overcut. Approximately 5,000 ¢.y. will be hyraulically removed and placed on owner's beach west of the creek b:oth above and below the lines of mean high and mean low water for use aa beach nourishment. Project wa~ previously done by suffolk County Department of Public Works. Multi-year maintenance permit is requested. Existing bulkhead section nearest residence (14' return, 75,) will be replaced within 18". The indented boat slip consisting of. 15e, 24~, 31', 24, l0t will be removed and replaced'in kind. The remaining two sections, 20' and 10' return will be replaced within 18". At the inlet to the creek, the 70'groin on the west aide of the inlet, will be re-piled andrepaire~and extended 50'. Tl%e 160' section of bulkhead i~mediately to the north of the groan will be removed and replaced in kind and in place. The finalnort.herly section of bulkhead will be left in place and a new 40' .~ection, plus 10' 'return will be constructed landward of ~he marsh that has grown behind the existing bulkhead. .An existing 80' groin west oft he. inlet will be re-piled an~ repaired. TOTAL P. 02. '. ..... _ App. Page 2. YDS. TO BE E~CAVATED: 6000 YDS. TO BE FILLED: MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED: Hydraulic WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: 100_+' DEPTH AT LOW TIDE: Variable DISTANCE TO NEAREST CHANNEL: AVER. RISE IN TIDE: N/A 2 ' -6"± DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: N/A AREA ZONING: Residential IS PROJECT FOR PRIVATE OR BUS. USE: Private INTENDED USE OF PROPERTY: No change DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: SCDPW dredged Halls Creek before. CoDy of Dermit attached. HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE, OR DEPOSIT FILL ON SAID PRE/~ISES: See previous response HAS ANY LICENSE OR PERMIT EVER BEEN REVOKM~ OR SUSPENDED BY A GOVER!~,[~NTAL AGENCY: No DESCRIBE FULLY THE REHABILITATION OF PROPERTY: None necessary DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: n/a ~_RE THERE ANY COVENANTS OR RESTRICTIONS iN YOUR DEED WHICH WOULD PROHIBIT THIS PROJECT: None known WRITTEN CONSENT OF OWNER iF NOT THE SAME AS APPLICANT: See attached CoUnty of SuffOlk ) State of New York ) SWORN TO BEFORE ME THIS Roy L. Ha je BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS. APPLICATION AND AS' MAY BE 'APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT( S), IF GRANTED.. IN COMPLETING THIS APPLICATION, I HE~'F~..Y AUT~ORIZE THE TRUSTEES, THEIR AGENT (s) OR REPRESENTATIVE ( s), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLI CATI ON. Suggested space for location Map ~ItIS IS NOT A PERMIT PART 1--PROdECT INFORMATION ' :. prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significz on the environment. Please ·complete the entire form, Pa.-ts A through E. Answers to these quest!ons witl be cz as part of the application for approval and ma'/be subiect to further verification and public review. Provide any a iniormation you beiieve will be needed to complete Parts 2 and 3. ~ St is expected that completion of the full FAF will be dependent on information currendy available and wilt nc new studies, research or investigation. If ini:ormation requiring such additional work is unavailable, so indicate an each instance. . . NAME OF ACTION LOCATION OF ACTION 0nctucle Street Add.~ess, Municipality and County) Private Road off New Suffolk Ave., Mattituck NAME OF APPLICANT/SPONSOR Eh-Consultants, !nc. ADDFIE~S 1329 North Sea Road CiTY/PO Southampton ~ NAME OF OWNER (If different) Nell McGoldrick ADDRESS 86 Second Street, Garden ,City, ~ESC~mT~O,~ OF ACr~CN SEE ATTACHED BUSINESS TELEPHONE 61-6 )283-6282 NY Ii196~ SUSINESSTEL~PHONE 616)248-2429 STATE ~P CC2 NY ~i530 Please Complete Each Question-Indicate N.A. i~ not applicable A. Site Description Physicat setting of overall project, both developed and undeveloped areas. 1. Presenf: [and use: [3Urban ~Industriai ~Commercia[ ~Re$identiai ~suburban) ~Rura] ~Forest ~Agriculture 2. Totzi acreage of project zre~: 2.5 ~cre~, APPROXIMATE ACREACE FRERE~TLY AFTER COMPLE7 Meadow or ~ru~hla~d(NomagricuituraJ) (Beach 9rass) 2 ~cres 2 Fore,:ed acres - Agr~cu[turaJ ([nc~ude~ orchards, cropJand, pasture, e:c.] acre5 Wedand (Freshwater or tidal as per Articles 24, 25 of ECL] . l acre~ Water Surface Area acres Unvege[a:ed (Rock, earth or f~li) acres Ro~ds, buildings and o~her paved surfaces -~ acres - Other (Indicate type) ;.~n~qaRD4 ~ - 3 acres .3 3. Wha~ i5 predominant soJt ~ype~) on proiect si[ca a. Soil drainage: ~Weil drained 95 % of ~te ~,%loderateJy weil drained 2-5 % of site ~PoorJy drained ~ % of si~e b.ff any a~r[cuJturaJ land is involved, how man~ acres of soaJ a~e cJassitied within sod ~roup 1 Land Classification System~ n/a acres. (See 1 NYCRR 370). 4. Are there bedrock ou[cFoppm~5 on prolec~ site~ CYes a. What :s depth to bedrock~ (in feetl · .~..^ppro×imate percentage a, moPosed proiect site with stopes: ~--10% ~ % ~104 5% -", ~ ... ~15% or ~reater % 6. Is ~Ta~ect substantially contiguous to, or con~ain ~ building, si~e, or district, listed on the State ar Eegister~ of Historic Places~ ~Yes 7. ~s project su~stantiaJJ~ contiguous to a si~e listed on the Register of National Natural Landmarks? ~Yes & What is the depth of the water robie? 4 ~ ~ ~in feet) 9. Is site located over a primal, principal, or sole source aquifer? ~Yes ~No 10. Do hunting, ~ishing or shell fishing opportunities presently exist in the project area? ~Yes 11. Does proiect site contain any species of plant o~ animal Hie that is identified as ~hreatened or endange ~Yes ~No According to ~ov L. Ha~e Identify each species . 12. Are there zny unique or unusuai [and forms on the project site? (La., cliffs, dunes, oth~r ~eo[o~ic~i Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation a; ~Yes ~No If yes. explain Halls Creek used as a recreational waterway. 14. Does 'the present site include scenic views known to be important to the co~munity~ ~Yes 75. Streams within or conti~uous ~o pro~ec: ~rea: N/A a. Name of 5[ream and n~me of River to which it is :ribu~rv 16. Lakes, ponds, wetland areas within or contiguous to projec: area: a. Name ~]/A 17. Is :he site served by %xisting public utilities? [~Yes al If Yes, doe5 sufficient capacity exist to allow connectJon.~ b) If Yes, will improvements be necessary to aI|ow connection~ b. Size Cln acres} /'~Yes ~No i~,Yes ~.No 1~. is the site lOCal:ed in an agricultural district certified pursuant to Agriculture and ,Markets Law, Art;c~e 2~-- Section 303 and 304? ~Yes ~o 19. Is the site located in or substan:;aJJy cont~Buous ~o a Cji[ica] Environmental Area designated of the ECL. and 6 NYCRR 5t77 ~Yes ~No 20. Has the site ever been u~ed for the disposal of ~olid or hazardous wastes? ~Yes B. Project Description 1. Physical dimensions and scale of pro~ect (fJf[ in dimensions as appropriate} a. To:al conti~uous acroaqe owned or controlled by project sponsor 2.5 b. Project acreaqe to be developed: n/a acres initially; c. Project acreage to rema,n undeveloped ~/a acres. d. Length of project, in miles: n/a (If app[opriate] e. [f the pro,eot is an expansion, mdicate percent of expansion proposed f. Number o~ off-s[ree~ parkJn~ spaces ex~s:m~ n/~ g. ~lax~mum vehicular trips genera:ed per hour n/a h. If resld~nuaJ. Number and typo oi housm~ umts: One Family Two Family Nh~ltff)J~, F.lmiJy i. Dim~'ns~ons (in reed at arrest proposed structure ~ height: w~d~h: j. Linear ree~ o; Front;se ~lon~; public thorou;hfaze prolec: wdJ oCCupy ~? ~/~ acres. acres ultimately. n/a %; length ConcJonll/1 [LIJTI ' proposed [upon comptc£~on of prolec£}.2 '- .... ~'~ ne to be removed, gpo.il' ~ 2~ How much no'rural maieriai'(i.e., rock, earth, etc.)wit! be remo~;ed'from the site.placed on-site. tons/cubic , 3- W~l disturbed areas be reclaimed? i~Y~ ~No ~N/A ~. If.yes, for what intend,.5 purpose is the site bein~ rechimed~ b. W/il top~oit be stockpiled for reclamation~ ~Yes ~No c. WH[ upper subsoil be stockpiled for rectamation~ ~Yes 4. How many ~cres of vegetation (trees, shrubs, ground covers) will be removed from site~ R acres, 5, W/Il any mature forest (over 100.years old} or other tocally-importEnt vegetation be removed by this pro]ect~ ~Ye5 ~No . - 6. If single phase project: Anticipated period of construction l 7. If rnuki-phased: a. Total number of phases anticipated rz/a b. Anticipated date of commencement phase 7 month c. Approximate completion date of final phase month d. Is phase I functionally dependent on subsequent phases? r-[Yes 8. Will blasting occur during construction? E3Yes E]No 9. Number of iobs generated: during construction 3 10, Number of jobs eliminated by this project 0 17, WiJI pro~ect requfre relocation of any projects or facilities? (number], months, (including demotit[onL r~No" year, (including demotiti year. after proiect is comp[ate 0 i~Yes [~No If yes. exphin 12. ls surface liquid waste disposal involved? r/Yes ~]No' a. If yes, indicate type of waste [sewage. industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. ts subsurface r/quid waste disposal involved? [~Yes [~No Type 14. W/ti surface area of an existing water body increase or decrease by pro~osal~ ~Yes E~Jain MZ~o~ chanqe due to ~emoval o~ shoa1 at mouth 15. is prelect or any portion of project Joc~ed in a 100 year flood ~laine ~Yes ~fi. Will the pro,oct generate solid w~ste? ~Yes ~No a. If ye~. ~vhat is ~he amouat per month tons b. If yes. will an existing sa/id waste facility be used? ~Yes c. If yes, give name ; location d. Will any w~s~es not go ~nto a sewage disposal system or into a e. if Yes, ex~tain creek. E~No EZNo 17. 18. 19. 20. 21_ 22. 2.3. 24 W/Il :he proiect invotve the disposal of sofid waste? []Yes a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site [ife.~ years. Will protect use herbicides or pesticides? ~Yes tons/month. Will ~0roiect rouuneiy produce odors [more than one hour per day)? ~Yes ~;;~No Wilt project Droducc opcra~ing noise exceeding fl~e local ambient noise levets? ~Yes Will prelect result in an increase in energy use~ ~Yes ~No It yes, indicate typeis) If water 5uapiy is from wet[s, indicate l)umpmg capacity N/A gaJlons/mmute. Total anuclpated water usage per day N/A gallons/day. Does prelect revolve Local, Sta~e or Federal funding? ~Yes ~a If Yes. e.t=fam ., 2~.',.Approva~s Required: '~ .... City, Town, ViUage Board E3Yes City, Town, Village Planning Board t'-JYes CRy, Town Zoning Board F/Yes City, County Health Department i-IYes Other Local Agencies i~Yes Other Regional Agencies ~Yes State Agencies i~Yes Federal Agencies I~Yes C. Zoning and Planning Information VINo UNo [~]No V~No ~No fi]No r'1No Type Da 10. 11, 22. Will the proposed ac:ion resutt in the generation of traffic significantly above present leveis.? EYes a. if yes, is the existing road network adequate to handle the additional traffic? [~Yes ~No D. Informational Details Attach any additional information as may he n~eded to clarify your project. If there are or m'hv be any ac impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitig avoid them. E. Verification I tort,fy that the information pcovJded above is true to the best ot: my knowledge. Applicant;Sponsor Name ~7~ I M~Got~rick ~y En-Co~c~ltants, I~c. Date 2/26/91 Signature Tide President Roy ~. aa~e if the action is in Ihe Coastal Are~, and you are a slate aRency, compicte the Coastal Assessment Form he/ore procc with this assessment. a. What is the minimum lot size proposed? Will proposed action require any authorization(s) for the formation of sewer or water districts? mYes X~ Will the proposed action create a demand for any community provided services {recreation, education, fire protection)? F'~Yes IX]No a.' If yes, is existing capacity sufficient to handle pro{et?ed demand? l-lYes ~No 1. Does proposed action involve a planning or zoning decision? ~Yes ~No _ If Yes, indicate decision required: L"lzoning amendment E~zoning variance I-]special use permit t-Tsubdivision E]site plan ~new/revision of master ptan l-'3resource management plan I~/other 2. What is the zoning classification[s)of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? N/~ 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 use~ in adopted local Iand use pians? D3Yes ?..What are the predominant land use(s) and zoning classifications within a 'A miie radius of propo_~ed action~ A-C one-family dwellings 8. Is the proposed action compatible with adioining/surtounding ]and uses within a % miie? 1~iYes 9. if the proposed action is the subdivision of land, how many lots are proposed? N/A_ COE Soction ~0¢ 2/91. TO WHOM IT MAY CONCERN: I authoriz~ Eh-Consultants, Inc~ on my behalf. to apply for pe-~nits yq . 32~ ~%RR¥ GOLDMAN WATER TESTING (516) 298-4640 MAIN ROAD ' MATTITUCK, N~ 11952 DATE COLLECTED. TIME COLLECTED. DATE RECEIVED.. COLLECTED BY... PROJECT NO ..... 08/04/97 1130 HRS. 08/04/97 D99 28 575 Broad HoT, Tow Road. (del:," :~. N.Y. [1747 (5'J.6)~94-3040 ~,e,X:(516)42~,~ '~ m,~[X)tl [M: ][o478, LAB NO: 9721853 TYPE ...... POINT NO: LOCATION: NEAL MCGOLDRICK HALLS CREEK,MATTITUCK REMARKS: SOURCE(MOUTH OF CREEK) MISCELLANEOUS LIQUID ROUTINE PARAMETER (S) TOTAL COLIFORM BACT. DISSOLVED OXYGEN FECAL COLIFORM BACT. RESULTS UNITS <2 mpn/I00ml 6.3 mg/1 <2 mpn/I00ml COPIES TO: ORIGINAL DATE ISSUED 08/12/97 575 ~',oad 14o1"1'c~ Ro~. l,[eTv,~T]e. ~i.Y. 11747 (515)594-3040 FAX:(51§)42~' % XYSI)(]-I ]]]~- 10478 LAB NO: 9721851. ~u%RRY GOLDMAN WATERTESTING (516) 2.98-4640 MAIN ROAD MATTITUCK, N~ 11952 DATE COLLECTED. TIZ~E COLLECTED. DATE RECEIVED.. COLLECTED BY... PROJECT NO ..... 08/0.4/97 1115 HRS. 08/04/97 D99 27 TYPE ...... MISCELLANEOUS LIQUID '~' :"':~.' '~ ~ ROUTINE POINT NO: LOCA~IO.: NEAL MC~OLDR~CK TOWN OF auu~n,v~ HALLS CREEK,MATTITUC~ REMARKS: SOURCE(DODS-INDENT). PARAMETER (S) TOTAL COLIFORM BACT. DISSOLVED oxyGEN FECAL COLIFORM BACT. RESULTS UNITS <2 mpn/100ml 4.1 mg/1 <2 mpn/!00.ml COPIES TO: ORIGINAL DATE ISSUED 08/12/97 575 8road flol~,~ Road. Iqe!u.~!e. fi.Y. 11747 (5~6)G94-3040 FAX:($16)420; '-' h'YSTX]fl I'D~ ].0478 L"~ NO: 972].855 HARRY GOLDMAN WATER TESTING (516) 298-4640 MAIN ROAD ~' MAT~ITUCK, N~ 11952 DATE COLLECTED. '08/04/97 TIME COLLECTED. 1150 HRS. DATE RECEIVED.. 08/04/97 COLLECTED BY... D99 PROJECT NO ..... 29 TYPE ...... MISCELLANEOUS LIQUID .. ROUTIN~ LOCATION: HALLSCREEK,~TTITU~ REMARKS: SOURCE(BRIDGE-END OF CREEK) PARAMETER TOTAL COLIFORM BACT. DISSOLVED OXYGEN FECAL COLIFORM BACT. RESULTS UNITS <2 mpn/100mi 4.7 mg/1 <2 mpn/100m! COPIES TO: ORIGINAL DATE ISSUED 08/12/97 CHECK OFF LIST 1. $150.00 APPLICATION FEE PAID 2. $35.00 AMENDMENT, WAIVER OR INSPECTION, FEE PAID: ~ 6. · CAC COMMENTS: 6 ~ ASSESSMENT: 7. LEAD AGENCY: 8 · D.E. C. PERMIT: 9. ARMY CORPS PERMIT: 10. 'PUBLIC HEARING : 11. DETERMINATION: 12. CONDITIONS: · 13. PERMIT ISSUED: · . FEES PAID: Additional'Information Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Gan-ell Peter Wenczel August 4, 1997 BOARD OF TOWN TRUSTEES' TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ' Telephone (516) 765-i892 Fax (516) 765-1823 Nei! Mc Goldrick 86 . Second Street GARDEN City, NY 11530 RE: SCTM ~116-4-16.4 Dear Mr. Mc Goldrick, The following action was taken at the Southotd Town Board of Trustees Regular Meeting on July 30, 1997: RESOLVED, that the Southold Town Board of Trustees approve the request for an Amendment to Permit %4397 to add 2- 4' X 8.' lattice sections to an existing fence. ' This approval does not constitute approvals from any other agency. If you have anY questions, please, feel free to contact our office at 765-1892. Sincerely Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. Bldg. Dept. Telephone (516) 765-180I Town Ha!l, 53095 Main Road P.O. Box 1279 Southold. New York 11972 SOUT]:[O -LD TOWN CONSERVATION ~DVISORY COUNCIL The following recommendation was passed by the Southold Town Conservation Advisory Council at its July 28, 1997 meeting: A-109 Moved by Kenneth Meskill, seconded by Mary Ct]fi{n, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Amendment to Permit request of NElL McGOLDRICK, 116-~-16.5 to amend permit by adding two L~, x 8' lattice sections to existing fence. 1671 Meadow Beach Ln., Cutchogue Vote of Council: Ayes: All Motion Carried Albert J. Kmpski, Presideat John Holzapfet, Vice President Jim King Martin H. Garretl Peter Wenczel Town Hall 53095 Main Road P.O. Box t179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 18, 19~7 Neil McGoldrick 86 Second. Street Garden City, NY 11530 RE: SCTM 9116-4-.4.16. Dear Mr. McGoldrick: Enclosed please find a copy of your permit with all the conditions. Also, note. that some of these conditio~ have not been met. Not meeting all the conditions can result, in revocation of some or all of your permits. if you have any questions, Please do not hesitate to contact this office. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:}md POLICE DEPARTMENT, TOWN ~.~ :?~oUTHoLD P~onic, New York 11958 State of N~w York) County of Suffolk) ss: 1- The undersigned police officer accuses Ves~et Reg, No. Year ~ Make [ .Izngth I Hull Color TyI~ ~rn I~o~rd rtl Outboard rrl Is Operator the Owner?. Ye~ m No ~ Plea: Guilty m Not Guilty m Docke~ Findin~ Dis m; Cony m; NG rrt; Sent: U,4 . .: . ' in r.l-~c the det%ndant did. ' . .......... ~ .............................. ~ ............. ~ ......... ~-..~ .................... ~ ...... ~ · . ~ "~-~7 '~.~'~s.~ ~ '.' ~' '~~',' ' ':"' "~ ' ":' ~:".. '~'. :: '.i':~ ~'"~.:~ ,'"' ..'5.'.."·" .... .~. ' .... Albert J. Klllpski, President John Holzapfet, Vice President Jim Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) ~/65-1892 Fax (5-16) 765-i823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 20. 19'96 Eh-ConSultants, Inc. 1329 North Sea Road Southampton, NY 11968 RE: Neit McGotdrick SCTM ~t16-4-16.4 Dear:Mr. Haje:: The following action, was taken by the Southotd Town Board of TrUstees on Wednesday, December 18, 1996: RESOLVED'that the Southold Town Board o~ Trustees grants an extension to Permit ~4397 for one year from 12/22/96 to 12/22/97 with ALL the conditions to remain the same including notifying the highway ~ept.. to'get sand and to do water quality samples.. (see original ~ermit). This approval does not constitute an~ approval from an~ other agency. if you have any questions, please do not hesitate, to contact this office. Sincerely, President., Board of Trustees AJK: jmd Albert $. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 'December 22, 1994 En-Consultants,.Inc. 1329 North Sea'Road- Southampton, NY 11968 Re: NEIL MC GOLDRICK SCTM ~116-4-16.4 Dear Mr. Haje, The following action was taken by the Board of Town Trustees during its regular meeting held on Thursday, December 22, 1994 reqarding the above matter: · WHEREAS, an application known as Neil Mc Goldrick "Applicant") to maintenance dredge 1,040+/- channel within Halls Creek extending into Peconic Bay generating approx. 5,000 c.y. of dredge spoil to be used as beach nourishment, the repair and reconstruction, or replacement (within 18 inches of existing bulkhead) 223 linear feet of bulkhead, the repair and rebuilding of 70 feet of groin at the mouth of Halls Creek extending same an additional 50 feet, and the repair and rebuilding of a second existing groin west of the mouth of Halls Creek ("Action") submitted by En-Consultants, Inc., on February 26, 1991, requires a permit pursuant to Chapter 97 of the Town Code and is a Type I Action pursuant to 6 NYCRR Part 617 (SEQRA) and Chapter 44 of the Town Code, and, WHEREAS,'theAction was referred to the Conservation Advisory Council who recommended approval of proposed action By vote on June 27, 1994, and, WHEREAS, the Trustees coordinated the Action among all involved' agencies,~declared itself to be Lead Agency and issued a Negative Declaration on October 27, 1994, and, WHEREAS, a pUblic Hearing was held on November 17, 1994 and all comments raised in connection with the Action were considered, and WHEREAS, the Action complies with the standards set forth in Chapter 97 of the Town Code, OF SOUTHOLD EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 December 5, 1996 To~rn of Southold Board of Trustees 53095 Main Road Southold; NY 11971 RE: NEIL MCGOLDRICK - SCTM~1000-116-4-16.4 Dear Trustees; Your permit ff4397 will expire December 22, 1996. Work authorized by this permit was not undertaken as the DEC and US Army Corps of Engineers permits were only recently obtained. Therefore, would you kindly extend your permit for at least two years as we expect to undertake the project in early 1997 and, as needed, in subsequent years. Thank you for your anticipated cooperation. Respectfully, Roy L. Haje cc:Nell McGoldrick Douglas Soffey, Esq. ALEXANDER F. TREADWELL SECRETARY OF STATE State OF NEW York DEPArtmeNt Of STAte ALBANY, NY 12231-0001 May 7, t996 Roy L. Haje, President Eh-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re: F-95-743 U.S. Army Corps of Engineers/New York District Permit Application #95-01440-L2 Nell McGoldrick, Great. Peconic Bay Town of Southold, Suffolk... 'Coun~ ty DEC #!-4738-00265/0000.1-0 Dear Mr. Haie: 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 wilt be conducted in a manner consistent w/th this program. Pursuant to t5 CFR Section 930.63, and based upon the project/nformation submitted, the Department of State concurs with your consistency certification. This concurrence is without prejudice to, and does not obviate the need to obta~ all other applicable licenses, permits, and approvals required trader existing Stare statutes. U.S. >.M--my Co~s of Engineers is being notified of this decision by copy of this letter. GRS:DAM:dlb cc: COE/New York District - Douglas Pr/ce DEC/Region 1 - Robert Greene Town of Southold - Albert Krupski STATE Of NEW York DEPARTMENT OF STATE ALBANY, NY 12231"0001 ALEXANDIi~R F. T~XDWELL SECRETARY Of C~TAT~ April 16, 1996 Dianne K. Le Verrier, Environmental Consultant F.a-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 F-95-743 U.S. Army Corps of Engineers/NY District Permit Application ~t95-01440-L2 Nell McGoldrick Town of Southold, Suffolk County DEC #1-4738-00265/00001-0 Request for Additional Information Dear Ms. Le Verrier: On April t, 1996, the Department received a letter form the U.S. Fish and Wildlife Service, dated March 28, 1996, and addressed to the New York District U.S. Army Corps of Engineers. The letter indicated that the U.S.' Fish and Wildlife Service objects to the proposed project unless certain recommendations are incorporated into the project proposal as permit conditions. The Department fully supports those recommendations. Therefore, pursuant to 15 CFR 930.58, the following, data and information is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed project. Dr~clg-h~g equipment ~hat is operated Lm. med/atelG~ adjacent to pip~g plover habitat may' preclude plovers from using the habitat entirely, forcing them· to seek appropriate habitat elsewhere. Therefore, in order to avoid adverse effects on the plover and their habitat, the follow conditions must be met: All activities associated with dredging and beach nourishment at Italls Creek be accomplished outside the piping plover nesting season (April t to September 1). If piping ploVers have not utilized their traditional nesting habitat at Maratooka Point by July 1, the applicant, in consultation with the U.S. Fish and Wildlife Service, may be authorized to begin beach nourishment operations prior to the end of the plover nesting season (September 1). .. Ptease provide the information requested above to the Department of State within thirty days from the date of this. letter, lh~rsuant to 15 CFR 930.64(d), if the necessary data and MARCH 25, 1996 THOMAS H. WITSC}{I, M.D. PO BOX 183 ¥~TTITUCK~ NY 11952 REF: PUBLIC NOTICE NUMBER ISSUE DATE EXPIRATION DATE 95-O1440-12 February 28, 1996 March 29, 1996 US'ARMY CORPS OF ENGINEERS NEW YORK DISTRICT JACOB J. JAVITS FEDERAL BUILDING NEW YORK~ NY 10278-0090 ATTN: REGULATORY BRANCH TO WHOM IT MAY CONCERN: AS A LONG TIME RESIDENT AND OWNER (SINGE 1972) OF THE PROPERTY AND BEACH FRONT IMMEDIATELY TO THE WEST OF NElL McGOLDRICK IN MATTITUCK, NY, t WOULD URGE MODIFICATION OF THE PROPOSED DREDGING OF HALLS CREEK. RATHER THAN MAKING A HUGE PILE TO THE EAST OF A JOINTLY OWNED RIGHT OF WAY, IT WOULD SEEM APPROPRIATE TO RETURN SOME OF THE SAND TO NOURISH THE ENTIRE SHORELINE FROM WHICH MOST OF IT ERODED. THE LITTORAL DRIFT IN THIS AREA IS WEST TO EAST AND WE HAVE"LOST" ABOUT 90'(ninety feet) OF BEACH IN THESE 24 YEARS. WHEN LAST DREDGED IN THE EARLY 1970'S, THE SPOILS FROM HALLS CREEK WERE RETURNED TO THE ENTIRE BEACH FRONT TO THE WEST, UP TO THE ENTRANCE OF DEEP HOLE CREEK. JUSTICE MARTIN SUTER WHOSE PROPERTY IS JUST WEST OF MY PROPERTY CAN CORROBORATE THIS INFORMATION. FROM THE AESTHETIC POINT OF VIEW THE HUGE SAND PILE FROM HALLS CREEK TO THE EAST EDGE OF OUR RIGHT OF WAY WOULD BE GROTESQUE AND UNNATURAL. ANNUAL RE- DREDGING WOULD COMPOUND THIS. FURTHERMORE, THE HEAVY EQUIPMENT REQUIRED FOR REMOVAL OF "SOME" OF THE SAND BY THE TOWN OF SOUTHOLD WOULD LIKELY DAMAGE THE ENTIRE RIGHT OF WAY AND CERTAINLY THE FRAGILE LAST FEW HUNDRED FEET LEADING TO THE BEACH. THE DREDGING OFHALLS CREEK IS AN OBV]OIIS NECESSITY FOR ENVIRONMENTAL REASONS AND WE FULLY SUPPORT THAT PROJECT. THE RETURN OF SAND TO THE ENT%RE BEACH FRONT WOULD RENOURISH THE BEACH FROM WHICH THE sAND ERODED AND WOULD ELIMINATE AN. UNSIGHTLY AND UNNATURAL SHORELINE AND PREVENT DAi~tAGE TO THE BEACH ACCESS RIGHT OF WAY. I TRUST THAT MY CONCE~S WiLL RECEIVE APPROPRIATE CONSIDERATION. SINCERELY, THOMAS H. WITSCHi, M~D. US Army Corps of Engineers New York District Jacob K. Javits Federal Building New York, N.Y~ 10278-0090 AFt'N: Regulatory Branch To Whom It May Concem: ?'(JBLIC NOTICE · , In replyingre~rto: Public Notice ~umber: issue Date: Expiration Date: 95-01440-L2 February 28, 1996 March 29, 1996 The New York District, Corps of Engineers has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344). APPLICANT: Neil McGoldrick 86 Second Street Garden City, NY 11530 ACTIVITY: Dredge with ten years maintenance and subsequent beach nourishment; repair groin WATERWAY: Halls Creek, Great Peconic Bay LOCATION: Mattituck, Town of Somhold, 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 mid utilization of important resources. The benefits which reasonably may be. expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics~~ 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; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties 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 a permit 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 in 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 detem-dne the overall public interest of the proposed activity. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTIC____~E, otherwise, it will be presumed that there are no objections to the activity. Any person may request, in writing, before this public notice expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, CENAN-O?-RE '-'.. ?UBL!C NOTICE NO. with particularity, the reasons why a public hearing should be held. it should be noted that information submitted by mail is considered just as carefully in the pezmit decision process and bears the same weight as that famished at a public hearing. Our prelLminary determination is that the activity for which authorization is sought herein may affect piping plovers (Charadrius melodus) or its habitat. However, pursuant to Section 7 of the Endangered Species Act 06 U.S.C. 1531), the District Engineer is consulting with the appropriate Federal agency to deterrrfine the presence of and potential impacts to listed species in the project area or their critical habitat. Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites eligible for, or ~.ncl. uded in, the Register within the permit area.. Presently unknown arcI~eo!ogicat, sc~ent~fic~ prehistorica[, or historical data may be lost by work ~ccomp~is~ed under the ~equired perrr~t. Reviews of activkies pursuant to Section 404 of the Clean. Water Act will include application of the guidelines promulgated by tire Admkfistrator, U.S. Enviromnental Protection Agency, under authority of Section 404 (b) of the Cl~z~ Water Act and the applicant will obtain a water qualky certificate or waiver from the appropriate state agency in aceordmnce with Section 401 of the Clean Water Act prior to a permit decision. Pursuant lo Section 307 (c) of the Coastal Zone Management Act of 1972 as mended [16 U.S.C. 1456 (c)], for activities under consideration that are located within the coastal ZOne of a state which has a federally approved coast~ zone ro~_nagement program, the applicant has certified in the permit application that the activity complies with, and will be conducted in a manner that is consistent with, the approved state coastal zone management program. By this public notice, we are requesting the state's concurrence with, objection to, or waiver of the applicant's certification. No pennit decision will be made until one of these actions occur. For activkies within the coastal zone of New York State, the applicant's certification and accompanying information is available from the Consistency Coordinator, New York State DepaFanent of State, Division of Coastal Resources and Waterfront RevitalLzation, Coastal Zone Mm'mgemen~, ?rogram, 162 Was~ngton Avenue, Albmny, New York 12231, Telephone (5!8) 474-3642. Comments regarding the applicant's certification~ and copies of any letters to this office ' commenting upon hhis proposal, should be so addressed. Lu acldifion m a~y requked water quality certificate artd coastal zone management program concurrence, the applicant has obt~_ed or requested the following governmental anthofization for the activity under consideration: ® New York State Department of Environmental Conservation Permit o Town of Southold ?errrgt It is requested that you communicate the foregoing information concerning the activity to any persons knovm by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact tiffs office at (212) 264.-6'730 and ask for Dougt~ E. Price. FOR THE DiSTRiCT ENGINEER: Enclosures J~ -f C~ief, Regulatery Branch PtraL c NOT CE NO. SZ0m0'L2 WORK DESCRIPTION The applicant, Neil McGoldrick, has requested Department of the Army authorization to dredge with ten years maintenance and subsequent beach nourishment, and repair an existing .groin in Halls Creek at Mattituck, Town of Southold, Suffolk County, New York. The work would involve the in-kind, in-place repair through rePiling of a 70 foot groin, and dredging with 10 years maintenance of a channel at the mouth of Halls Creek at Marrato.oka Point in three s.ections. The easternmost section would be 320. feet long by 50 feet wide, and would~ be. dredged to a depth of 5 feet below mean low water with an allowable one-fot overdredge. The second section would taper from 50 feet wide at its east end to 20 feet at its west end, and would be dredged to a depth of 2 feet below mean low water· with an allowable one-foot overdredge. The last section would be 150 feet long by 20 ·feet wide,.' .and also dredged to a depth of 2 feet below mean low water with a one-foot overdredge. Approximately 4,000 cubic yards of material would be removed hydraulically from the channel in the initial event, and placed on the applicant's beachfront above the mean high water mark and to the edge of the beac~gr~ss while drying. Return water would be returned to the waterway through a vein ?~Some .Cf the dredged material would be tracked away by the Town of Southold after drying. ~would be subsequent annual dredging events of approximately 500 cubic yards each over the life of the permit, also to be disposed of in the same fashion. The purpose of this activity is to restore the subject channel to a navigable depth, and rebuild structures to controi sand shoaling caused by littoral drift in this area. 3 ,! 1 $ ALEXANDER F. TREADWEll SECRETARY OF ~TATE Roy L. Haje, President Eh-COnsultants, Inc. 1329 North Sea Road Southampton, NY 11968 STATE Of NEW YOrK DEPARTMENT Of STATE Re' F-95-743 U.S. Army Corps of Engineers/New York District Permit Application #95-01440-L2 Neff McGoldrick, Great Pecon/c Bay Town of Southold, Suffolk County DEC # 1-4738-00265/00001-0 Status of Consistency Review Dear Mr. Haje: _ The Department of State is required to not/fy you of the stares of our review of this project for its consistency with the New York State Coastal Management Program ff a decision has not been issued w/thin three months following commencement of our consistency review. We cannot complete our consistency review for tkis project until the jo/nt Public Notice issued by the Corps of Eng/neers and the Department of State has expired and comments, if any, are received. A copy of this letter has been sent to the Corps of En~neers. Please call David A. MacLeod at (518) 474~6000/f you have any questions. Sincerely_, ~ William F. Barton , ~ ~ Ch/ef, Consistency Review and Analysis Bureau DMsion of Coastal Resources ' and Waterfront Revitalization WFB:dlb cc: COE/New York District - Dougtas Price N-s/S DEC/Region 1 - Robert Green Town of Southold - Albert K_mpski C~, pdn~;e~ on recycled paper CENAN-OP-RE PUBLIC NOTICE NO. 95-014,~0-L2 with particularity, the reasons why a public hearing shoUld be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing. Our preliminary determination is that the activity for which authorization is sought herein may affect piping plovers (Charadrius melodus) or its habitat. However, pursuant to Section 7 of the Endangered Species Act (16 U.S.C. 1531), the District Engineer is consulting with the appropriate Federal agency to determine the presence of and potential impacts to listed species in the project area or their critical habitat. · Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites eligible for, or ·included in, the Register within the permit area.. Presently unknown archeological, scientific, prehistorical, or historical data may be lost by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 (b) of the Clean Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as amended [16 U.S.C. 1456 (c)], for activities under ConSideration that are located within the Coastal ZOne 'of a state which has a .federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with, and will be conducted in a manner that is consistent with, the approved state coastal zone managemem program. By this public notice, we are requesting the state's concurrence with, objection to, or waiver of the applicant's certification. No permit decision will be made until one of these actions occur. For activities within the coastal zone of New York State, the applicant's certification and accompanying information is available from the Consistency Coordinator, New York State Department of State, Division of. Coastal Resources and Waterfront Revitalization, Coastal Zone Management Program, 162 Washington Avenue, Albany, New York 12231, Telephone (518) 474-3642. Comments regarding the applicant's certification, and copies of any letters to this office commenting upon this proposal, should be so addressed. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant has obtained or requested the following governmental authorization for the activity under comideration: New York State Department of Environmental Conservation Permit Town of Southold Permit It is requested that you communicate the foregoing information concerning the activity to any persons known by .you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact this office at (212) 264-6730 and ask for Douglas E. Price. FOR THE DISTRICT ENGINEER: Enclosures ~r~/Jb~eph J. Seebode "'(/ ' ~' [ C~hief, Regulatory Branch · CENAN-OP-RE PUBLIC NOTICE NO. 9~-~01440-L2 WORK DESCRIF'FION The applicant, NeLl McGoldrick, has requested Department of the Army authorization to dredge with ten years maintenance and subsequent beach nourishment, and repair an existing groin in Halls Creek at Mattituck, Town of Southold, Suffolk County, New York. The work would involve the in-kind, in-place repair through repiling ora 70 foot groin, and dredging with 10 years maintenance of a channel at the mouth of Hails Creek .at Marratooka Point in three sections. 'The easternmost section would be 320 feet long by 50 feet wide, and would be: dredged to a depth of 5 feet below mean low water with an allowable one-fot overdredge. The second secti°n would'taper from 50 feet wide at its east end to 20 feet at its west end, and Would be dredged to a depth of 2 feet below mean low water with an allowable one-foot OVerdredge. The last section would be 150 feet long by 20 feet wide, and also dredged to a depth of 2 feet below mean low water with a one-foot overdredge: Approximately 4,000 cubic yards of material would be removed hydraulically from the channel in the initial event, and placed on the applicant's beactffront above the mean'high water mark and to the edge of the beachgrass' while drying. Return water would be returned to the waterway through a vein. Some of the dredged material would be trucked away by the Town of Southold after drying. There would be subsequent annual dredging events of approximately 500 cubic yards each over the life of the permit, also to be disposed of in. the same fashion. The Purpose of this activity is to restore the subject channel to a navigable depth, and rebUild structures to control sand .shoaling caused by littoral drift in this area~ STATE OF NEW YORK DEPARTmeNT OF StAtE ALBANY, NY 12231-0001 ALEX~NDE~ F. TREADWELL SECRETARY OF STATE Mr. Albert J. Krupski, Jr. Trustee, Town of Sonthold 5309 Main Road P.O. Box 1179 Southold, N%f ~[1971 December 26, 1995 Re: F-95-743 (Formerly F-94-349) U.S. Army Corps of Engineers/New York District Permit Application #91-0186-L2 Neil McGoldrick DEC #1-4738-00265/00001-0 Dear Mr. Krupski: Enclosed is a copy of the information submitted to the Department of State for review of the above-referenced project with respect to its consistency with the Coastal Management Program for your information and preliminary review. Please contact David A. MacLeod, the DOS reviewer assigned to this project, at (518) 474-6000 to discuss your concerns and any additional information which may be necessary to assist you in reviewing this project. Any commems 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 da,rs of the date of this letter, we wilt presume that you have r~o objections to the proposed project. Sincerely,,~.~ ~//?~CY~. ~~ William F. Barton Chief, Cor~sistes. cy Review and Analysis Bureau Division of Coastal Resources and Waterfront Revitalization Enclosures WFB:dlb STATE OF NEW YOrK DEPARTmeNT OF STATE ALBANY, NY December 26, 1995 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re.' F-95-743 (Formerly F-94-349) U.S. Army Corps of Engineers/New York District Permit Application #91-0186-L2. Nell McGoldr/ck Town of Southotd, suffolk County. DEC #1-4738-00265/00001-0 Acknowledgement o£ Federal Consistency Assessment Form Dear Mr. Haje: . The Department of State received your Federal Consistency Assessment Form and supporting information on December 4, 1995 and has determined that the submitted documentation is adequate to'commertce our review of your proposed project. We contact you/f additional information may be necessary for consistency re,dew purposes. You and the corps of E~ag-ineers will be ·notified of our decision when we have completed our review of tkis project for its consistency with the New York State Coastal Management Program. The Corps of Engineers carmot issue a permit for this project unless the Department of State concurs with your consistency certification. Please call David A. MacLeod at (518) 474-6000 if you have any questions. Will/am F. Barton Chief, Consistency Review and Analysis Bureau Division of Coastal Resources and Waterfront Revitalization · WFB:dlb cc: COE/New York District - Sophie Ettiner NYS DEC/Region i - Robert Greene Town of Southold - Albert Krupski EN-CONSULTANTS, INC. 329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 FNViRONMENTA~L~''~' SERVICES 516-283-6366 FAX NO: 51'6-283-6136 November 13, 1995 David MacLeod New York state Department of State Division of Coastal Resources 162 Washington Avenue Albany, New York 12231 RE: NEIL ~CGOLDRICK DOS APPLICATION # F-94-349 Dear Mr. MacLeod: Z wish to thank you for the opportunity to meet with you and your colleagues which appears to have enabled us to reach an agreement not only with your agency but with the DEC. Following our meeting, I met with Louis Chiarella of the Bureau of Marine Habitat-Protection of the New York State DEC and we were able to reach an agreement which generally follows that which we discussed. A copy of my letter to the DEC outlining the details is attached for your information and action. One of ~he main goals of the project is to restore a navigable channel, which will enable Mr. McGoldrick to utilize his extensive waterfront property for the purpose of operating and docking his boat. The present shoals prevent effective navigation on all but the highest tidal cycles and then only to .extremely shallow draft boats. We believe the restoration 'of navigation to be an important consideration and one which is consistent with the policies of your department. As the material to be dredged is largely sand with some finer silt in the inner reaches of the creek, we believe turbidity caused by the operation can be held to a minimums. November 13, 1995 page 2 The. method of.dredging to be used, hydraulic, should furtherlimitthe spread of turbidity with its potential adverseaffect upon.shellfish and other invertebrates. We believe that the 'project will also have. a beneficial 'if minor 'effect'on flushing.and water circulation in the lower reaches..of the .waterway. Many long timeneighbors report that shellfish became abundant after the creek wasdredgedbythe County, only to become depleted again once the channel shoaled:back in. We hope that a similar phenomenon will occur after this project has been completed.. The.spoil will be used to n°urish the beaches.~ As I have stated in the DEC letter, adjacent owners to the east will be approached and spoil placed there if acceptable' to 'them. In.this manner sand will not be removed from the lateral drift but will be' placed down drift to continue its movement along the beach. I hope the project can now be approved by your agency and The Corps of Engineers so that work can commence in the near future. You~Qver~ truly, Roy h. Haje ~ President RLH:to cc: COE Neii McGoldrick Douglas Soffey, Esq. E N-CON S U LTANTS, .! N C. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 1 t968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 51'6-283-6136 November !3, !995 Laura Scovazzo New Y0rk State Department of Environmental Conservation Division of Requlatory Services SUNY, Building 40 Stony Brook, New York 11790-2356 RE:.NEIL MC~OLDRIC~ APPLICATION'~ 1-4738-00265/00001-0 Dear Ms. Scovazzo: I have reached an agreement with Mr. Chiarella of BM~P, which generally follows the outline given in your February 8, 1995 letter to me. The outer 320' channel into the bulkheaded inlet and on Peconic Bay proper will be dredged to a maximum of 6' below MLW and maximum width of 50'. We believe and Mr. Chiarella agreed that the greater ·depth in· this outer channel is warranted to prevent rapid reshoaling and the need for constant maintenance° The· next section of 290', will taper from the maximum width of 5·0' to a minimum width of 20' on the northerly side. The maximum depth of dredging in this section will be 3' below apparent low water. The next 150' section will also be dredged to 3' below apparent low water, with a maximum width of 20' In order to get through the shoal, an additional 50' will be dredged to a maximum depth of 3' belowMLW and maximum width 20'. No further dredging to the west will·occur. -1- November 13, 1995 page 2 The 160' bulkhead on the west side of the charnnel will be removed and replaced (IK/IP). The 70' groin on the west side oft he channel will be repiled and repaired (IK/IP). The 34' and Il' sections of bulkhead will simply remain in place and be allowed to deteriorate. Approximately. 75 c.y. of dredged spoil will be used to backfillthe bulkhead sections which will be replaced and or repaired. The spoil will be placed on the applicant's beach, above the line of apparent high water and to the edge of the beach grass. If additional space is required, some filling may occur overt he beach grass but not to a depth which would cause its des+ruction. Pursuant to-'an agreement with the Southold Town Trustees, 1700 c.y. of sandy spoil will be removed from the site and trucked to Town sites elsewhere. We shall approach the property owners on the east side of the inlet to determine their interest in accepting spoils on their respective beaches. if they are agreeable, spoil may be placed along these beaches as well in subsequent years. A total of approximately 4,000 c.y. of dredged spoil is expected to be generated by this reduced project. The 80' groin in the center of the property fronting upon Great Peconic Bay, will remain as is. I believe this project will now be acceptable to the Department and will enable you to issue, your permit promptly. Yours very truly, RL}{:to Enclosures cc: Louis Chiarella COE DOS Douglas Soffey, Esq. James H. Rambo Nell McGoldrick Roy L. Haje President N~ YORK STATE D~PARTMEsT O~ STATE~'~ F~eral c~sistency Assessment ~6m ~ ~ applicant, seeking a pemit. Hcens,. waiver, certification or stellar type~i~r~eraL ~g~cy ~s subject to the N~ York 5tale ~sLa[ Ha~g~en~ Pr~r~ [CLIP). shall c~piete this assessment fo~ lot any pro~sed activity that .ill occur within ~/or directly aff~: the State's ~asta[ Area. ~his A. APPLtCANT 1. ~ame: Nell McGoldrick by En-Consultants, Inc. (please print] 2. Address:86 Second St., Garden Citv~ NY 11530 5. Telephone: Area Code 1516 248-2429 EN-CONSI]LTANTS IN(;. 1329 NORTH SEA RD. 5OUTHAI. tPTON N. Y. I1968 516-283-6350 PROPOSED ACTIViTy 1. Brier description of activity: See Attached )~/J~ ~ /- %-:~,c.~.x~, E. Put, se o~ ~c[ivity; To allow owner access to creek Location of activity: Suffolk Ma~tituck County City, Town or Village 4. Type of federal permit/license required; Section 404 . /D 5. Federal application number, if I~n~3: ~[- Private road off New Suf: Street or Site Description Ave If a state permit/license was issue~ or is required for £he proposed activity, identify the s£ate agency and p~ovide ttle application or permit number, if kno~11: NYSDEC TW t-~17 5g~P~>~5-/~c~c~ -~ COASTAL question propose~ 1. Will ASSESSMENT Chert either "Yea" or "No" for each of the following questions. The numbers following each refer to the ~olicies described in the CMP document (see footr~te on page 2] which may be affected by the activity. YES NO the proposed activity resu!t in any of the fo[Lowing: a. La,Jo physical change to a silo within the coastal area ~hich wi[L require the preparation of an environmental impact statement/ Ill, ZZ, 25, ~Z, 57, aB, 4% AS> ............................. b. Physical alteration of acre than two acres of land along the shore[ina, land u~der ~ater or coastal waters? {~. 11. 1~. 20. ~. 35. 4~) ..................................................... c. Revitalization/redevelopment of a deteriorated or underuttllzedwaterfront site? (1) ........... d. reduction of existing or potential public access to or along coastal waters? II~, e. Adverse affect upon the commercial or recreational use of coastal fish resources? (~, f. Siting of a facility essential to [he exploration, development and production of energy resources in coastal waters or on the Outer continental Shelf? (2¢) ............................. g. Siting of a facility essential Lo the generation or transmission of energy? (27) ............... h. Hining, excavation, or dredging activities, or the placement of dredgeo or fill materials in coastal waters? (15, ~5). t. Discharge ef toxics, hazardous substances or other pollutants into coastal waters? i~5. 55) ..... gnashing of storr~ater runoff or se~er overftcws into coastal waters7 153) ...................... k. Transpor£. storage, treament, or disposal of solid wastes or baza~dcus materials? 13~. 59) ..... Adverse effect upon Land or water uses within the State's sma[! harbors? (4) .................... X X X X X X X the proposed activity affect or be Located ~n, on, or adjacent to any of the following: a. Stale designated freshwater or tidal wetland? (44) .............................................. ~ b. Federally designated flood and/or stare designated erosion hazard area? (t10 12, 17) ............ -- ~ c. 5late designated significant fish and/or wildlife habitat? eT) ......................... · ......... ~ a 5£a[e designated significant scenic resource or area? (24) ...................................... -- e. S~a~e designated important agricultural Jands? 126~ ............................................. ~ f. Beach. du~e or barrier island7 il2] ............................................................. ~ g. Hajor ports of Albany, BuifaLo, Ogdensburgo Ost,~go or Nm4 York? (~) ............................. )~ h, slate, c~un[y, or local park? iii, ~al .......................................................... ~C I. lttstorlc resource [iatecl on the National or State Register of ~JstorJc Places? iZ~) .............. X Wilt ~ne proposec~.~activ! 'eq?Fe any of the following-' e. Weterfront~slte? '(2,2'I,~) ................................................................. Provision of nee public services or infrastructure in undeveloped or sparsely populated sections of the coastql~area? CSI ............................................................... c. Constr~Gt.ien~or i~ec&n~:t~ctton of a flood or erosion control structure? d. State water quality permit or certification? e. State air quality permit or certification? (41, 431 ............................................. the proposed activity occur withiq and/or affeCt an area covered Dy a State approved Local waterfront revitalization program? (see policies in Local program document*l ........................ ADDITIONAL STEPS t. if alt of the questions in Section C are answered "No", then the applicant or agency shall cempLete Section and submit the documentation required by Section F. If any of the questions in Section C are answered "Yes", then the applicant or agent is advised to consult the CMP, or where appropriate, the [oral waterfront revitalization program document~. The proposed activity must be analyzed in more detail.with respect to the applicable state or local coastal policies, In the space provided belc~ or on a separate page(si, the applicant or agent shall: Lei identify, by their policy nurmors0 which coastal policies are affected by the activity, (bi briefly assess the effects of the activity uPOn the policy; and, Lc) state how me activity is consistent with each policy. Faltering the completion of this written assessment, the applicant or agency shell complete Section E and submit the documentation required Dy Section £. E. CERTIFICATION The applicant or agent must certify that the proposed activity is consistent with the State's CMP or the approved Local waterfront revitalization program, as appropriate. If this certification cannot be made, the proposer activity shall not be undertaken. If this certification can be made, complete this Section. "The proposeci activity c~LoLies with New York State's approved Coastal Management Program, or with the applicable approved local waterfront revitalization program, and will be conducted in a manner consistent with such program." Applicant/Agent's Name: Nell McGoldrick by En-Consultants, Inc. EH-CONSULTANTS INC. Address: 86 Second St., Garden City, NY 11530 Telephone: Area Code (51~ 249--2~9 Appi i cant/Agent ' s Signs cure: 0 ~"~'~1 '~" "~'b¢' Date:tl'/2~/9~' R y L~JHaje, Pr~s±dent SUBMISSION REOU,REHEN¥S 1329 NORTH SEA ~C~I;THA;4PTON N, Y. 119([I 516-2~3-6360 the applicant or agent shall submit the fotLc~ing documents to the New York State Department of State, Division of Co~sta( Resources and Waterfront Revitalization, 162 Washington Avenue, ALbany, N~w York 12231. a.' original ~l~n~d rom. b. copy of the completed federal agency ~p~tic~tion. c. Other available infomation which ~ould support the certification of consistency. The applicant or agent shat[ also submit a copy of this completed form along with his/her application to the federal agency. 3. If there are any questions regarding the sumisslon of this Tom, contact tile Department of State at lSlB) 474-5642. Consistent with policies any undue adverse effect adjacent shoreline. 15 & 35 in that it will not have upon fish and wildlife resources or =These state and local documents are available For inspection at the offices of many federal agencies, Department of Enviropmental Conservation ar~ Department of State regional offices, and the appropriate regional and county planning agencies. Local program d~.uments are akso available for inspection at the offices of the appropriate Local goverranent. -2- FCJ~F Revised 5/89 0 _Ko /~ -/ .I I ! I I ! ! I STATE OF NEW YOrK DEPArTMENt Of StaTE ALBANY. NY 12231-0001 ALEXANDER' F. TREADWE:~L SECRETARY Of STATE Robert E. Herrmann En-Consuttants, Inc. 1329 North Sea Road Southampton, New York. 11968 April 21, 199~ TOW OF. $OUT OL Re' F-94-349 U.S. Army Corps of Engineers/NY District Permit Application #91-0186-L2 Neii McGoldrick. Town of Southold DEC # 1-4738-00265 Reauest for Additional Information Dear Mr. Herrmann: In our telephone communications since you received our letter dated February 9, 1995, you indicated that you believed most of the information we requ/red could be found in your letter to the U.S. Corps of Engineers, dated January 27, t995, and in drawings submitted in 1992 under our project number F-91-125. We have reviewed this material again and have found that, . while some additional information is provided by the 1992 drawings, the bulk of the information needed to assess this project is not. Therefore, pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed project. In your FCAF's received 7/5/94 and 8/28/94, the purpose of the activity was Stated as being erosion control. In your letter dated December 7,. 1994 it was stated that the primary, purpose of the activity is not to navigate a vessel through 'the creek and a detailed case was made for the need for tidal flushing. In subsequent l~etephone conversations with Mr. Roy Hale and with you, it has been stated that the project is proposed for the triple purposes of flushing, erosion control, and for nav/gation. We thank you for this clarification, and will review the proposal in light of its several purposes. printed on rec¥ctec~ p~per Mr. Robert E. Hen-mann Page 2 Since our letter of February 9, 1995, the Department Of the Ai'my has issued a permit for the in-kind and in-place replacement of existing bul .kheads .and exclusive of any new 'bulk_heading, all dredging, and the reconstruction and extension of any groins. Atso since that date, the DEC has stated that, while they would-allow dredging for the purpose of flushing, they would not allow the proposed dredging that would allow the applicant to use his boat basin. Further, DEC would object to the construction of additional bulkheads and returns, the reconstruction of the 80' groin, and the reconstruction and extension of the inlet groin. Please be advised that DEC objection to the project, as proposed, would result in a determination by the DOS that the proposed project is inconsistent with Policy 44 of the Coastal Management Program. In addition, the project, as proposed, appears at this time not to be cons/stent with Policies 2, 14, and 35. It is claimed that the extension of an ex/sting 70 foot groin by 50 feet is necessary to.. "counteract the accretion of material within the channel". In the same letter, it is claimed that certain volumes of littoral material wilt bypass the groin to nour/sh the beach east of the inlet being protected, tt is further claimed that the down-drift beach of "great expanse" while sheet 2 of 3 indicates that the down-drift beach is considerably narrower than the applicant's beach. Further, the DEC claims that the offshore transport of sand is extending well beyond the proposed iength of the groin and, therefore, the extension would do 1/ttle to prevent shoaling of the inlet except for pushing the problem to the more seaward portions of the channel. Please provide an explanation of how the e~tension of the existing groin by more than 70% is expected to prevent sand from drifting into the dredged channel but, not increase the erosion of the down-drift beach. The current proposal calls for the deposition of dredged materials on the property-owner's beach to the west of the inlet. This places the dredged materials on the up-drift side of the inlet, thus providing more material to be swept into the inlet by the natural west to east direction of the littoral drift. Previous dredging operations placed the dredged materials on the east side of the /n!et. 'Placement to the east would serv. e to nourish the beaches otherwSse deprived of beach mater/als by the existing groin, west of the inlet. Please explain the reasoning behind the proposal to Place dredge material on the west side. of the inlet, considering the apparent conflict with the purpose of keeping the inlet open and the potential erosion of the eastern beaches. Mr. Robert E. Herrmann Page 3 One of the stated.purposes of the activity is to improve, tidal flushing. In order to. achieve complete tidal flushing in Halls Creek, the flushing channel would have to begin at the deepest point in Hails Creek and would have to continue at that depth or greater to a point in Great Peconic Bay that was of equal or greater depth than the channel. In other words, the shallowest point between the deeper waters of the creek to the north and the bay would be the maximum: depth to which flushing would occur. -According to the soundings taken June 19th and 26th of 1992, as shown on.drawings submitted.under project number Fr91- t25, the shallowest point between the creek and the bay may be no more than 3 feet below MLW. This would result in-the flushing of the creek tO a depth no greater than 3. feet. It has also come to our attention that natural openings may have occurred in the creek and that there is flushing there. This would indicate that no dredging is. necessary. Further, it has been suggested that natural marshes w/thin the creek act to clean up much of the pollutants that are discharged into the creek. Dredging may alter the salin/ty regime and harm the existing marshes, thus contributing to the pollution of. the creek rather than cleaning it up, Please provide an explanation as to how the activity, as it is currently proposed, would improve water quality. In order to assess the potential improvement to water quality in Halls Creek, the following data is still required: a. bathymetry of the upper reaches of Halls Creek; topographic information on the upper and lower reaches of the creek indicating whether or not the creek is connected to the bay at mean iow water; the extent to which increased turbidity to be created during dredging activities would effect existing Shellfish beds; and an analysis of the potential impacts on the salinity regime of the ·creek and its effects on the ex/sting wetland ecology, including ex/sting marshes and shellfish beds, as a result of altering the flushing patterns. Mr. Robert E. Herrrnarm Page 4 In our telephone conversation, this date, you informed me that you expect to negotiate some revisions to the project with the applicant, Mr. McGoldrick, upon his earliest ava/lability, and that the applicant would not wish to withdraw his application at this time. Therefore, we are closing your file until such time as you are able to forward your revisions and the necessary data and information. Pursuant to 15 CFR 930.60(a), the review of your consistency certification will begin after we receive and determine 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 appredated. A copy of this letter has been sent to the U.S. Army Corps of Engineers. Please call' me at (5i8) 474-6000 if you have any questions. Sincerely, David A. MacLeod Coastal Resources Specialist Consistency Review Un/t Division of Coastal Resources and Waterfront Revitalization cc: COE/NY Distr/ct - Sophie Ettinger NYS DEC/Region 1 - La~a Scovazzo Town of Southold - Valer/e Scopaz, Town Planner Suffolk County DPW - Richard J. LaValle Applicant- Nell McC_,o~drick ALEXANDER F. TREaDWEIL SECRETARY OF STATE STATE Of' NEW YORK DEPARTMENT OF STATE ALBANY, NY I2231-0001 February 9, 1995 Robert E. Herrmann Eh-Consultant& Inc. 1329 North Sea' Road 'Southampton, New York 11968 Re-' F-94-349 U.S. Army Corps of Engineers/NY District Permit Application #91-0186-I_2 Neff McGoldrick Town of Southold DEC # 1-4738-00265 Reouest for Additional Information Dear Mr. Herrmann: We have received your letter dated December 7, 1994. Several questions are raised by the information submitted therein. Pursuant to 15 CFR 930.58, the following data and irfformafion is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed Project. In your FCAF's received 7/5/94 and 8/28/94, the purpose of the activity was stated as being erosion control. In your letter dated December 7, 1994 it was stated that the primary. purpose of the activity is not to navigate a Vessel through the creek v_nd a detailed case was made for the need for tidal flushing. If the purpose is erosion control, and not navigation, . there is no need for the dredging of 5,000 cubic Yards of sand from the channel, which would, in fact, increase the risk of erosion. If the purpose is to improve tidal flushLrtg, and not navigation, the last 190' of dredging, beyond that of the 1983 dredging, that cormects the "flush/ng" channel to the property owner's boat slip is not necessary. Furthermore, the connection of that channel to the property-owner's boat slip would seem to constitute dredging in supPort of navigational access to a non-water-dependent use. Please, clarify the. true purpose of the proposed activ/ty~,.x~, ~.~ printed on Ce~¥cled. l~aper SOLiTHOLI) ~)..,:4i} Mr. Robert E. Herrmann Page 2 The Proposed activity includes the extension of an existing 70 foot groin by 50 feet. It .is cl,5raed that the groin extension is necessary to "counteract the accretion of material within the channel". In the same letter, it is claimed that certain volumes of littoral material will. bypass the groin to nourish the beach east of the inlet being protected. It is further cla/med that the dom-drift beach of "great expanse" wh/le sheet 2.of 3 indicates that the down-drift beach is considerably narrower than. the applicant's beach.' Please provide an explmmtion of how the extension of the 'existing groin by more than 70% is expected to prevent sand from drifting into' the .dredged 'channel but, not increase the erosion .of the down-drift beach, given that the down-drift beach is 'already showing the effects of interference to littoral:drift created by the existing groin. The current proposal calls for the deposition of dredged materials on the. property-owner's beach to 'the west of the inlet. This places the dredged materials on the up-drift side of the inlet, thus providing more material to be swept into the inlet by the natural west m east direction .of the littoral drift. Previous dredging operations placed the dredged materials on the east side of the inlet. Placement to .the east would serve to nourish the beaches otherwise deprived of beach materials by the existing groin, west of the inlet, Please explain the reasoning behind the proposal to place dredge material on the west side of .the inlet, considering the apparent conflict with the purpose of keeping the inlet open and the potential erosion of the eastern beaches. It is implied by your latest submission of information that the purpose of the activity/s :to improve tidal flushing. In order to ach/eve complete tidal flushing in Hails Creek, the flushing ch~nrtel would have to begin at the deepest point in Halls Creek and would have to continue at that depth' or greater to a point in Great Peconic Bay that was of equal or greater depth than the' channel. In other words, the shallowest point between the deeper waters of the creek to the north and the bay would be the maximum depth to which flm4fi'ng would occur. On sheet 2 of 3 of the drawings submitted, it is indicated that the shallowest point between the creek and"the bay may be no more than i foot below MLW. This would result in the flushing of the creek to a depth no ~eater than 1 foot. Furthermore, sheet t of 3 indicates, by Typical Channel Section "A'~, that the existing surface will. remain above. MHW thus providing no improvement to flushing at all. Please provide an explanation as to how the activity would improve water quality, as it is currently proposed Mr, Robert.E. Herrmann Page 3 In order to assess.the potential improvement io. water quality in Halls Creek, please provide the following data: a. bathymetry of the upper reaches of Hails Creeki bo topograph/c information on the upper and lower reaches of the creek indicating whether or not the creek is connected' to the bay at mean Iow water, do the locat/on of shellfish beds relative to the extent of/ncreased turbidity to be created' during dredg/ng activities; ,~, the location of concentrations of fecal coliform; and an analysis of' the potential impacts, of flushing'on the saI/nity regime Of the creek and its effects on shellfish beds. Pursuant to 15 CFR 930.60(a), the review of your consistency certification will begin after we receive and determine that the necessary data and/nformation 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 Eng/neers. Please cail me at (518) 474-6000 if you have any questions. Sincerely, David A. MacLeod Coastal Resources Spec/alist Consistency Review Unit D/vision of Coastal Resources and Waterfront Revitalization r)XU/d m cc: COE/NY District - Sophie Ettinger · NYS DEC/Region 1 - Laura Scovazzo Town of Southold - Valerie Sc0paz, Town Planner Board Of $outhold Town Trustees SOUTHOLD, NEW YORK ISSUED TO ....... ~:];L._BG...G.O,.~ ~.~ ~ ............................................................. · . AutllOrizatio Pursuant to the provisions of Chapter 615 of the Laws of the S+al~e of New York, 18931 and Chapter 404 of the Laws of. State of New York 1952; and +he Southold Town Ordinance en- ~r~tled "REC-ULATINC= AND THE PLACIN~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS ,nd the REMOVAL OF SAND, ~RAVEL. OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance wlfh the Resolution of The Board adopted afa meeHng held on ..... !~./.~.~./9.~. I9,,'.9.~.., and in consideration o{ +he sum of $L5.0,.0~ ...... paid by En=.Co=su!t a~g~ s...~.n.q,..,....~er _.NEIL...}4 ~_. ~ P.b.P.~J~.5 .......................... of .... C.u~.ch~.g~.e .................................................... N. Y, and subject {o the Terms and Conditions lis+ed on the reverse side 'hereof, of SoU*hotd Town T~us{ees ~uthorizes and permi+s +he following: ~1 dr~in~ sh~l t~e ~lace ~e~en Oct~er 1st ~d 2) ~1 s~il generated by =he approve~ ~ging s~ll be O~ e~isc~ng beach g~ass on the ~or~ion of ~he ~ ~l~ick , theinside c~ ~e iale=, ~t~e Pa~aHt 1~, t,700~ y~ Highway Depar~ent, : Trus%ees kere- 3 ~ ~e deposiced s~ii will ~ s~il~zsd ~ ~l~tin~s o~ site with a ~ bu~ead co~ct~ l~w~d ~ere=f as pr~sed, 5) ~i li~ili~es associat~ wi~ ~e apDrov~ proj~% ~11 rest with the a~!icant, 6) ~a~ent of $t,242.50 c0veri~g ~viro~en~al/S~ Revi~ ~f ~e 7] Water ~y s~tes sh~t ~ collect~d~ on~ at the ~t~ of Halls C~eek, one ~ai~ ~Ils ~eek at ~e in--ted ~at slip ~ o~ ~lyzed bF a licensed t~rato~ for total ~ fecal colifo~ NOW, THEREFORE BE IT RESOLVED, that the Trustees hereby approve the Action subject to the following conditions: !) Ail dredging shall take place between October tst and May 31st, 2) Ail spoil generated by the approved dredging shall be deposited as beach nourishment between the high tide mark and the southern edge of existing beach grass on the portion of the Mc Goldrick property fronting peConic Bay ("spoil site") except the spoil from the inside of the inlet, Trustee Patent lands·, 1,700+ yards which shall be deposited at a location that 'will be available to the Town Highway Department, 3) The deposited spoil will.be stabilized by plantings of beach grass iS.inches on center throughout the Mc Goldrick Spoil Site, 4) The deteriorated bulkhead at the western side of the mouth of Halls Creek proposed to be left in place shall be removed from the site with a new bulkhead constructed landward thereof as proposed, 5) All liabilities associated with the approved project shall rest with the applicant, 6) Payment of $1,242.50 covering Environmental/SEQRA Review of the Action, 7) Water quality samples shall be collected; one at the mouth of Halls Creek, one inside Halls Creek at the indented boat slip and one at New Suffolk Avenue Bridge, on a monthly basis for a period of one year following completion of the approved dredging project and analyzed by a licensed laboratory for total and fecal coliform bacteria and dissolved oxygen. The results of the coliform tests shall be forwarded to the office of the Southold Trustees at the conclusion of the required Water Quality Testing Program. One sample at each location shall be tested before the project has begun, to be tested as per standard DEC protocol. Very. truly yours, Albert J. Krupski, Jr. President, Board of Trustee AJK/djh cc. C.A.C. EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 October 3, 1994 Town of Southold Board of Trustees ~095 Mazn Road Southold, New York 31971 RE: NEIL MCGOLDRICK - SCTM #1000-1t6-4-16.4 Dear Trustees: In response to your request to provide proof that Hall's Creek was previoulsy dredged, I enclosed DEC Permit #15275-0097 and U.S. Army Corps of Engineers Permit #10121. Pursuant to these documents, we believe the project should be considered "maintenance" dredging rather than new dredging° Also enclosed please find a copy of Mr.. McGotdrick's deed. I draw your attention specifically to Page which indicates the extent of Mr. McGoldrick's property into Hall's Creek (harbor) "and the marsh island lying within Hall's Creek. While ownership of the bottom is certainly important, and ves%s Mr. McGoldrick with more rights than he would have if the Creek bottom were owned by the Trustees, the beneficial nature of the project should be apparent regardless of ownership. The Trustees of the Town of Southold, as well as those of all the eastern towns on Long Island, regularly undertake maintenance dredging projects, or petition the County to do so on their behalf. Failure to maintain these historically dredged creeks would have adverse effects upon navigation, tidal flushing, and habitat within the creeks. The Trustees have recognized that the closure of these creeks would lead to anoxic conditions and the death or relocation of desirable species. Benthic .Board of Trustees - 2 - October 3, 1994 dwellers especially are sensitive t© oxygen reduction. These valuable species without the ability to move any great distances, would be eliminated and replaced by only a few species of worms able to live in low oxygen conditions.' This disruption at the base of the food chain would be carried upward, leading to an overall degradation of the environment. To say that these changed conditions should be perpetuated ignores the body of study which states that multiplicity of species in a complex food web and chain is a desirable condition, where'as habitat in which only one or two species living upon detritus is not. I would think that the Trustees would be happy to have Mr. McGoldrick undertake this project at his own expense, which was formerly borne by the County of Suffolk and Town of Southold taxpayers. I have seen many similar situations where, as public funds are reduced or eliminated, the owner or owners of property on creeks and other water bodies take it upon themselves to maintain water depths in those bodies of water for the benefit of all concerned. I look forward to discussing the matter further at your next meeting'and trust a positive decision will result, which will enable the work to be undertaken this winter. RLH:rm Enclosures cc: Ver,.~~~~uly ours, Ro'~ L.~. Haje ~ President U Douglas Soffey, Esq. Neil McGoldrick James H. Rambo, Inc. ~AIRDRE$SERS ~002,'008 .r Ds::PARTMENT OF THE ARMy IiOI'ICI ~1r ,IIITt{OIIIZATilII~ IWt,~ iiltflCE ltUST II[ !~ltSfiCllllll&i.¥ IIISl:LAYED AT TIlE SITE OF 10/03/94 12:46 FAX 516 $22 !76~ F_AII{DRESSERS PERMIT AgT1CLE 2% (Freshwater wedand~) ~_~ AgTICLE 36. (Co.s(mcfion ~n ~tood Hazard A~ea~) PE~IT I~UEO TO S~ffolk County O~part~enn of PubI~c Wor~ (A~=n: C.~isensc~d) AOORE~$ OF PErigEE Yapha~k Avenue~ Yaphank, ~ 11980 LOCAtiON OF PROJECT (~ectio~ oi ~weam, ti~a~ ~dan~. d~ '~uHdi~g) DESCRiPTiON OF PROI~CT Main:enanca dredge approximately .I500 fee~ of ~xisting channel in mouth of J~ Halls Creek and into Great Pecoq$c B~y. ia accordam¢~_.wigh plans on file with CDM~UN;~ NAME (City, Tow~, Village) COu~r Mgffol~ JTOW~ ]F~A COh(MUNITY NO. DAM, NO. GENERAL CONDITIONS L The p~rmill~e ~haH file ~n :h~ offic~ gl t~e zpgraprinte prampUy in writTn~ of the comWetion of the work. Z, The permitted ~rk sh~l: b~ subj~J :0 ]nsgeclion by an authorized repre~en~aJ~ve of lhe D~rlment of Envira~m~ntM Conservation ~ho 3~ As .a condition of the issuanc~ of !~[s perm~/, ~he ~l~c~nt ha~ 4. Any ~ate~ial dredged in l~e prosecution ~t the work herefn shah be ro~aved ~uniy, wilhuui Laav~ng large re~u~e ~ile~, rid~.s acfos~ the bed o~ ~hc ~ater~ay ~r flood. ~lain or ~p holes ~al tony h~ve a ~ende~cy LO 5. Any malaria] lo be dupusflvd of ~qmped ~ad~,r ~his patcH, e}th~; t~reon, within or behind ,1 good and subs[aFtiaL ~ulkhe~d of bulkheads, ~uch 6_ There ~hal~ be no unr~3s~oz~ie ]n~rf~¢e~c~ with n~v~tic~ by t~ work herein ~mharized. in ~he position Of the structure or Work herein authorized, et Tf, in )he ~pinion u( the Deuaflmen[ of Env~ronmentaJ Ca~se~aNoA i; ~hal[ C~ose UnreasOnable Obslru¢tL~n to (he {roe n6V{~atJon of s~id wuter5 o~ f]o~ f~ow~ o~ endanger Of th~ natural resources of th~ 5tater the OWner may ~ ordered ~y ~ O~9ar~- thgreby wiihoul e~pense t~ (he ~[~IQ; a~d {I, ~po~ IhQ expir~liOn or r~vOeatiOn el this perm){, the ~uucture. fill, excavation, at otger~m~ifiCaiiun o~ wate~ou~ hereby authorized ~a[1 ~ot be cumgie~ed..t~e owners withoul e~ense to the State, on~ te such ~x~en; a~fl in s~ch time ~h~ manner a5 j~e Depafl~em of Environmental. Cunse~tio~ ~OY requir6, r~ve ~11 or condiiion :he flavigabre aha flood CapaCity of ~he w~tercourse. No :'.alto shail [IPERMIT EXPIaTiON O^T~ 7~:~ December 31, B, That the StMe of N~w York vhall in nm ease be liable Ear any dam~ =r injury tO the 5lrgctur~ ar ~rk herein authoring which may be cau~ed result from future operalio,~ undertake~ by ~he State for the Tmproveme~t Of n~vi~alia~, Or fur other purposes, and no ciaim of d~ht com~nsalion 5hall accrue ~rum ~-y such 9, That ~f the display ~ H~hts and signals on'any work ~ereby au/~or~ is not otherwise ~mvided for by la~, such lights and 5J~ga[5 a5 may be c by a~{ il the e~pense of ~ o, nor. dance with estabiis~e~ a~sineering pracUce and in a workmanlike manner. 11. If ~mnred und~t Articles [~ o? ~, t~e De~trtment reserve~ tee to 'reqOnsidet ~his ignore{ at any tim~ a~d aft~ ~ue ~otlce an~ hearin[ ~iiicati~n of the wetlan~ hereby ~uthorized ha~ riel be~n completed. ti~ nad m~nner a) ~he Department af Envitenmenta'l Conserval{o~ may remove ail =r any Do,ion ~f ~he unc~mpiet~:viructur8 of fl{{ and restore ~i/e to its former condition. No claim shall be made a~ins~ the State of York on a(COunt u~ any such r~muya[ ar all,ratiOn. 12, This pgrmJt shah no: ~e cOnStrued a5 ~O~v~ying tO the appiicant lo ~efform the p~rmiued work or ~ ~uthorizin~ The impairment ~f ~ny O~rtY to Jhe permit. provams, lands, easements ~aa HShta~t*way which 'may be required 14. If ~ranted under Article 36, this permit is Bran[ed soteiy on ~he of th~ requirement~ o( Article )5 of lhe Environmental Con,eryc[ion Part 5DO of 6 NYCRR [Construction in F!~od Plain Areas havinl 5~¢ia[ Fl Hazards - Building P~rmits) ~d in no way signifies that the 9to~ect will fie, from flo~ing. 15. By acceptance ~f thi.s permit the Oef~lte~ &grees reverse %8. 19. [~004/00'5 Station 50+00 and "E" 46+00 (a~ea wi~hi~ creek) a~d ~' below wizh maximum overcut of l' in chafe%el i~ Grea~ ?econic Bay. SPgCIAL MOTE: Ba~ed upon a review of uhis p=c~ec~ and a raRues~ for water quality certification pursuan~ ~o Sec:ion ~01 of ~he Federal Water Pol%u~ion Control Act Amendments of 1972, Public Law 92-~00 (the "A¢~") public notice for which hms been duly given, ~he Dapartmen~ of Env~ronmen~a! Conservation hereby certifies ~ha~ ~he ~p~lican~ will comply w~th applicable provisions of Sections 30~, 502, J05 and 307 of the AC~, provided that: There arm no futere changes in any. of the Coltowing tha~ would ~e~ult in non-comp%lance wi~h Section~ 30~, 302, 306 and 507 of ~ha Act; The project as modified herein. The wager, quali~y criteri~ applicable ~o such waters, or Applicable eff%uem~ limitations or o~her requirements; and (2) %he applicable provisions of Sca~e ~aw and regulation are complied with~ October 21, 1976 cc: D, Larkin, Corp~ of Engr~,, film p~. Of ~nvironmentsl Conservation 50 Wolf Road, glbany~ h~f 12233 i0,/03/94 12:48 F.~ 816 ~L~iRDRESSER$ ~00~,?'005 75-421 ~u~fOLk Couu=y Department off Public Works Yaph~mk, ~Y 11980 BETWEI~N Doro~y R. s~ith, residing ~ · Naples, Florida party of the first part, end Nell MoGotdrick, residing at 86 Second street Garden City, N~w York oO party of the second part, WITNE$$ETH, that the party of the first part, in consideration of lavv[ul money of the United States, TEN ($ 10.00 ) dollars, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs, or successor", and assigns for the part,/of tine second part forever, AL/that certain plot, piece or parcel of ,land, with the buildings and improvements thereon erected, situate, lying and being:~t~:: at M~ttittlok, T~ of $outholc], Cotz~ty of SLtf£olk and State of ~ew York, bounded a~d descrlbe~ as follous: BEGINNING at a point on the center line of a 20 foot right of way where the south- erly line of lands now or formerly of Paust intersects the center line of said 20 foot right of wlay; THENCE frcm said point of beginning running along the southerly line of lands now or formerly of Paust North 87 degrees 58 minutes 00 seconds Fast al Harbor; THENCE '~i" 90 feet, more or less, to the ordinary high water mark of Hall's on a prolongation of said line on the san~ course last mentioned to the center .~line of Hall's Creek; THENCE running along the center line of Hall's Creek as shown on the" 1917 survey "referred to in recorded survey of Otto W. Van Tuyl & Son dated March 20, 1951, in a general southeasterly direction to the ordinary high water mark of Great Peconic Bay; TH~NC~ along the ordinary high water mark of Great Peconic ~ay in a general southwesterly direction on a tie line South 55 degrees 37 minutes 50 seconds WEst 640 feet, more or less, to the cent------e~ line of the 20 foot right of ~y above mentioned; T~ES~E along the said 20 foot right of %~y the following tkree (3) courses and distances: ["t~,1)-- North 15 degrees 06 minutes 20 seconds West 275.0 feet; '~2)~ North 6 degrees 05 minutes 30 seconds West 195.63 feet, and 3) North 0 degrees 30 minutes 00 seconds West 60.0 feet to the point or place of beginning. %OGETHER with all the right, title and interest of the parties of the first part of, in and to a certain island lying in said Hall's Creek, in Hall's Creek or Mud C~eek Channel, a~d in Peconic Bay lying between high and low water marks. TOG~ItiER with all the right, title and interest, if any, of the parties of the first part, in and to the lands lying below the high v~ater m=~rk of Hall's Creek and ~he Great Peconic Bay, in front of and/or abutt/ng the premises herein~ove described. TOG an easement to use a 50 foot right of way for all ordinary purposes of ingress and egress to and from the New Suffolk Avenue and the northerly temn- inus of a 20 foot right of way. The said 50 foot right of way is more particulary bounded and described as follows: BEFINNING at a concrete monument set at the northeasterly comber of lands nc<.? of Witschi and at the southeasterly corner of the said 50 foot right of way; running thence from said point or place of beginning, South 43 degrees 36 minutes 00 Sec- onds West 52.53 feet along the northerly boundary of the premises now of Witschi to the southwesterly corner of the said 50 fcot right of way; running thence along the westerly sine of the said 50 foot right of way the following two (2) courses and distances: 1) NOrth 28 degrees 33 minutes 30 seconds West 626.34 feet~ and 2) North 8 degrees 37 minutes 00 seconds West 936.27 feet to the northwesterly corner of said 50 foot right of way; running thence along the southerly side of New Suffolk Avenue 51.59 feet to the northeasterly corner of said 50 foot right of way; running thence along the easterly side of said 50 foo~ right of way the following two (2) comrses and distances: 1) South 8 degrees 37 minutes 00 Seconds East 914.76 feet, and 2) South 28 degrees 33 minutes 30 seconds East 601.45 feet to the point or place of beginnin9 and being and intended to be the existing 50 foot right of way shown on the recorded survey by Van Tuyl and Son, dared July 31f 1972. R~GETHER with a right of way 20 feet in width over an existing private road the northerly .line of which is the following three (3) courses and distances: 1) South 51 degrees 01 minntes 10 seconds East 17.26 feet; thence 2} 2~uth 62 degrees 32 minutes 50 seconds East 69.37 feet; thence 3) South 51 degrees 45 minutes 40 seconds East 26.85 feet. Said right Of way being shown by the designation "A" on the recorded survey of July 31, 1972. YOGETHER with a right of way 10 feet in width over land now or formerly of Paust and extending frcm the easterly terminus of the northerly line of the 20 foot right of way desigaated "A" on the recorded survey of Van Tuyl & Son, dated July 31~ 1972, in a general southerly direction parallel with the westerly line of the parcel now or formerly of Paust at a point m~ere the westerly line of said right of way would be intersected by an extension of the southerly line o~ said parcel now or formerly of Paust, w~nich line has a course of NOrth 87 degrees 58 minutes East; this said right of way beinq shown by the designation "B "on the recorded survey of Van Tuyl & son, dated Jgly 31, 1972. TOGE%HER with a right of way 10 feet in width, the westem-ly line of which is more particularly bounded and described as follows: BEGINNING at the southwesterly corner of land now or formerly of Paust where the westerly line os said land is intersected by the course last above mentioned; running thence in a general southerly direction to Great Peconic Bay the following courses and distances: South 0 degrees 30 minutes 00 Seconds East 60.0 feet; thence South 6 degrees 05 minutes 30 Seconds East 195.63 feet; thence South 15 degrees 06 minutes 20 seconds East 275.0 feet to Great ~econic Bay; this said right of way being shown by the designation "C" on the recorded survey of Van Tuyl & Son, dated July 31, 1972. ODNTINUED ON ANNEXED RIDER ...... ~u uu.U feet; thpAce bouth 6 de9rees 05 minu~----z 30 Seconds East 195.63 feet; ~.~ence South lg degrees 06 minutes 20 seconds East 275.0 feet 'to Great Peco~c Bay~;'" this said right of way beinq shown by the designation ,, C "on the recorded survey of Van Tuyl & Son, dated July 31, 1972. CONTINUED ON ANNEXED RIDSR RIDER TO DEED BE%~WEEN DOROTHY R. SMITH, PARTY OF THE FIRST PART, AND NEIL McGOLDRICK, PARTY OF THE SECOND PART, DATED THE /~4DAY OF MARCH, 1989 TOGETHER with a right of way over the easterly 10 feet of lands of Witschi from the easterly and southerly boundaries of the right of way designated as "A" on the recorded survey of Van Tuyl & Son, dated July 31, 1972, and to the ordinary high water mark of the Great Feconic Bay; this said right of way shown as designation "D" on the recorded survey of Van Tuyl & Son, dated July 31, 1972. TOGETHER with a water and well easement hereinafter described over a portion of lands of Witschi, for the sole purpose of installation, maintenance and repair of the well, necessary .~ipes ~ld/or lines and the securing of water therefrom to a residential dwelling and guest house now constructed or to be constructed on lands described, south of the southerly line of land nc~w or formerly of Paust and labelled Parcel II on the recorded survey of Van Tuyl & Son, dated July 31, 1972, sub,eot to the limitations that: (a) withdra%~al of water shall be only for domestic use in the event of a future water shortage (b) all pipes, lines, wells, pu~ps and the like shall be installed below grade with landscaping restored (c) when done, all work and repairs shall be concluded expeditiously. The said water and well easement area is more uarticularly bounded and described as follc~s: ~EGINNING at a point located South 15 degrees 06 minutes 20 seconds East 321.80 feet from a concrete mon~aent located at the north~st corner of the premises hereinabove described; rllrkning thence from said point or place of beginning North 15 degrees 06 minutes 20 seconds West 10.0 feet; running thence North 74 degrees 53 minutes 40 seconds East 205.72 feet to the northwest corner of lands herein described; running t}~ence south 0 degrees 30 minutes 00 seconds East i0.0 feet, more or less, along the center line of a 20 foot right of way and lands of the party herein described; running thence south 74 degrees 53 minutes 40 seconds West 203.11 feet to the point or place of beginning. TOGE~ w/th the right to improve and/or pave, .at the sole expense of the party of the second part and assigns, that portion of the 20 foot right of way from the terminus of the presently paved sr=~a to a building line restriction hereinafter described in a paragraph below. to himself and Martin Suter by deed dated Apr~l~13;~195I~-and~reoorde~~ April 19, 1951, in the office of the Clerk of the County .of Suffolk in Liber 3205 of Deeds, at page 327, to the electric power and telephone lines on said property as shown on the recorded map of Otto Van Tuyl & Son, licensed surveyors, dated March 20, 1951 and on the recorded survey by Van Tuyl & Son, dated July 31, 1972. This easement is subject to the right of the o~mers of the said property so conveyed to Smith and Surer, as aforesaid and their assigns, to relocate the eas~t herein described, provided that electric power and telephone service continues to be available to the lands now or formerly of Paust and the lands of Witschi at no expense to the owners thereof or their assigns. SUBJECT to the following covenants and agreements contained in prior deeds of record: A. That the use of the 20 foot right of way designated as "A", "B", "C" and "D" on the recorded survey by Van ~klyl & Son, dated July 31, 1972, shall be restricted and limited to the use of ingress and egress for t/%e owners and occupants and guests of the residences existing or to be constr~cted imn~=diately abutting any portion of the enti~e 20 foot right of way south of the northerly line of lands now or formerly of Paus%. ~is restrictive convenant shall de deemed and taken to be, a covenant running with the land. B. That no build/ng or other enclosed or covered structure shall be erected or ma/ntained on other lands of the parties of the first part more particularly described as follows: ALL that land and beach and land under water, if any, east of the center line of a 2Q foot right of way and south of a restriction line beginning at a point located the following fwd courses and distances r~]ning along the center line of a 20 foot r~ght of way ~rom ~e southwest corner of lands now or formerly of Paust (1) South 0 degrees 30 minutes 00 Seconds East 60.0 feet and (2) South 6 degrees 05 minutes 30 seconds East 130.77 feet, running thence frcm said point or place of beginning, North 87 degrees 58 minutes 00 Seconds East 65 feet, more or less, through the northwest corner of an existing bulkheaded boat basin and continuing to the easterly most boundary of the lands of the parties of the first part, an said restricted lands are labelled Parcel !II on the recorded survey of Van Tuyl & Son, dated July 31, 1972. This restrictive covenant shall be deemed and taken to be a oovenant running with the land. C. Subject to any other covenants, restrictions, reservations and agreements of record, if any, affecting said premises. The Grantor herein being the saw~ person as the Grantee in the correction deed recorded in Liber 7905, Page 409. .2 JOSEPtt E. SO.FEY /)OUGL~'~S M. SOFFEY LAW OFFIOES 80FFEY ~ BOFFEY 410 ~ERICHO TIIP~'WPII-..~ August I!, 1994 TEL, (5!6} 8~2o-7~o3'-'-9 Southold Trustees Office Town of Southo!d Hain Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Jill Re: Dredging Apolication Pursuant to our telephone conversation, p!eaae Be advised that on behalf of my client, Neil McGoldrick, I am hereby requesting that the hearing presently scheduled for August 25, %994 be adjourned until September 29, 1994. I will endeavor to furnish you and/or the board with any information that will establish prior dredging activity involving the area which my client seeks permission to dredge. I will also furnish you with any information within my possession showing Mr. McGo!drick owns the creek bottom which he seeks to dredge. if you have any questions in connection herewith, please do not hesitate to contact me. Thank you for your cooperation. CC: Neil MeGo!drick Roy L. Haje Very truly yours, DOUGLAS M. SOFF~Y Anmys~s m more detml w~tl~ re~p'~cr"t0 ~tafe' C6astal pOlicy i4 ~eg~d~g ~0asii[ .... activ/ties causing flooding and erosion on other locations, g/yen the proposed activiry's interference with littoral drift and the disposal of dredged materials up-drift of the dredge site. EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK: 11968, ENVIRONMENTAL SERVICES 5t6-283-6360 FAX NO. 516-283-6136 July 22, 1994 Board of Town Trustees Town of Southold P.O. Box 1179 Southold, New York 11971 RE: NEIL MCGOLDRICK - SCTM Dear Trustees: Enclosed please find documentation from the Suffolk County Department of Public Works for the prior dredging of Halls Creek. This substantiates our claim that the current project should be considered "maintenance" dredging. A reapplication was filed with the Department of State on June 28, 1994 and that agency should be able to confirm that it has been received and is being processed. our application before the New York State DEC remains pending, but I respeotfully request that you proceed with your review as ! believe the DEC has acknowledged the Trustees as lead agency. As I will be away on vacation during your July 2S, i994 meeting, i request that the matter be put over to the August 25 meeting. ~ Very truly yours, Roy L. Haje President RLH:rm Enclosure cc: DEC/Laura Scovazzo - ~1-4738-00265 COE/Sophie Ettinger - ~9i-0186-L2 DOS/Walter Meyer - #f-91-125 Neil McGoldrick Doug Soffey, Esq. EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 Ms. Laura Scovazzo New York State Department of Environmental Conservation SUNY, Building 40 Stony Brook, New York 11794 RE: NEIL McGOLDRICK - NYSDEC No. 1-4738-00265 Dear Ms. Scovazzo: This letter is in partial response to yours of April 29, 1992. Staking of the 40' bulkhead and t0' returns will be done shortly and notification given to you. We have recently caused a hydrographic survey to be undertaken by a licensed professional engineer (John Guldi) in the area to be dredged. His results have been superimposed on the Van Tuyl survey and a copy enclosed herewith. The results depict which areas are in need of dredging and which are satisfactory for the depths that we require. The list of potential adverse impacts contained in your letter is formidable. The most compelling argument in favor of the project is the past history of dredging operations. With my original application, I supplied you with a copy of NYSDEC Permit No. 1-5275-0097 issued to the Suffolk County Department of Public Works. Informa- tion obtained from the County indicates that the creek was dredged in 1979, 1980, and 1983. Spoil was placed both to the east and west of the creek mouth. Much of the work that is proposed now was done by the County. In fact, our work plan is based upon the County's plan. Ms. Laura ScovazZo w 2 - July 8, 1992 None of these operations seem to have adversely affected the waterway based upon the continued growth and vigor of tidal vegetation. The presence of the boatslip on the subject property further 'indicates that this area has historically been used for boating, not only by the owner of the subject parcel, but by others, as the County would not have dredged had only one owner been benefitted. The depth to which we propose to dredge within the creek proper, -3' maximum, and the depth of the channel, -6' maximum, duplicate prior conditions that are not reported to have any adVerse effect upon any of the items listed in your letter. Boat speed within the creek is limited to 5 m.p.h., causing the wakes produced to be extremely low and without sufficient energy to cause erosion. The dredging will probably be restricted to a time when the osprey that you report to be nesting nearby is no longer present. We are unable to speculate on the likelihood of dredging farther north in the creek as that would not be of in- terest to us. Further, we are unaware of any previous dredging in that area, while we can definitely show that dredging did occur in our subject area. Thus, there may indeed.be no cumulative impact based upon application by others. While we think it desirable to use dredged spoil as a means of nourishing beaches, we are opsn to the sug- gestion of placing the material entirely above the line of mean high water. We are concerned, however, that to do so would damage the beachgrass and other dune-type vegetation that is now stabilizing the site. No vege, tation is located in the intertidal zone, which can be nourishing with only transitory impact. Should downdrift owners be interested in obtaining dredged spoil for beach nourishment, this, too, would be considered. I would think that the NYSDEC would be eager to have this waterway maintenance dredged for the tidal flushing that would result. The present shoaling condition is re- stricting the interchange of water and probably limiting its productivity, increasing water temperature and, possibly, bacterial levels. A detailed testing regime would be necessary to determine precise conditions, but again we point to the previous approval to dredge where these were not required and no apparent adverse effects accrued. Ms. Laura Scovazzo - 3 - July 8, 1992 As Suffolk County becomes less and less active in the maintenancedredging of the creeks and waterways in the various towns, this type of operation, based upon private funding of local owners, is becoming more and more com- mon. I would hope that theNYSDEC would not impede these maintenance activities but would do everything in its power to see that they are expeditiously approved. Very truly yours, Roy L. Haje President RLH:KD Enclosure cc: ~outhold Board of Trustees COE - ~91-0186-L2 DOS - ~F-91-125 Neil McGoldrick James H. Rambo, Inc. 'Board Of Southold Town SOUTHOLD, NEW YORK Trustees ISSUED TO ......... ~ .~9~..o.]:~F.~ ......... Pursuanf ~'o ~he provisions of Ch~p~er 615 of t~e Laws o~ fhe Sfafe o~ New York, 1893; and ~apfer ~ of ~he Laws of fhe Sta+e of New York 1~2; and +he Soufhold Town Ordinance en- ~ffled ~'RE~U~T]N~ AND THE P~CIN~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC ~NDS and ~ REMOVAL OF SAND, ~RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WA~RS:" ~nd in ~ccerd~nce wffh ~h~ Resotu~bn of The B=~rd ~dop~ea ~ ~ meefing held on ~ 3~ 1~ 9~., ~nd in ~anside~afion o~ fhe sum ~ $ Z00.00 p~id by of ' N.Y. ~nd subiec~ ~o Terms end Condifbns lisfed on +he reverse side hereof, of Soufhold Town Trusfees aufhorlzes ~nd permifs +he following: G~E~he~ Der~ Eoz g67~ oE b~e~ds, 70~ oE ]e¢¢7 as per plan dated 6-23-94. NOTE: Amendment to add ramp and float was de~ied as size is of auestion and a full ~ermit is ~ecessary. MI i~ accordance wi+h fhe defaile~ specificafions as pre~nfed i~ the originafing appllcaflon. IN WITNESS WHEREOF, The said Board of Trusfees here- by causes ifs Gorporafe Seal fo be affixed, and fhese presenfs fo be subscribed by a maioHf¥ of fhe said Board as of fhis daf~e. Trustees EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6135 June 24, 1994 Board of Trustees Town of Southold 53095 Main Road Southold, New York 11971 RE: NEIL McGOLDRICK, Private Road off New Suffolk Avenue, Mattituck Dear Trustees: Pursuant to your conversation with my client at his property on June 24, 1994, I r~quest that all existing bulkheads, floats, ramps, etc., be grandfathered and, thus, be permitted to be reconstructed. I understand that the dredging aspect of the project will be treated separately. I have enclosed a set of three drawings indicating all of the existing structures, including a float and ramp present within the boat basin. Should you require anything additional, please advise. RLH:KD Enclosures Ve~ trul~y yours, / / /;;" .7 President cc: Neil McGoldrick Recommendations June 27, 199~ The CAC recommends disapproval because it would not be within 75' of the wetlands if the house was relocated on the property and if applicant build a smaller house to fit the lot size. Soundview Avenue. Southold Vote of Council: Ayes: All Motion carried. No. 1168 Moved by Bruce Loucka. seconded by ·Stephen Angell. it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH PROVISIONS of the Wetland Application of NANCY GILLIES 111-9-5.1 ~co rebuild steps to beach 59 x 36. The CAC recommends approval provided the bluff is revegetated. Nassau Point Road. Cutchogue Vote of Council': Ayes: Ail Motion carried. No. 1169 Moved by Robert Kelth, seconded by Patricia Isaksen, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Applicat[on of LOUIS BACON 117-8-213 to temporarily install a 20' x 70' launching ramp constructed with 8! x 20' x 8' sections of Gao Web Grid system. First Street, New Suffolk Vote of Council: Ayes: All Motion carried. No. 1170 Moved by Robert Keith, seconded by Patricia Isaksen, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Application of NElL McGOLDRICH to maintenance dredge channel within Hall's Creek and approach channel from Great Peconic Bay. A total of 1040' +/- of channel will be dredged. The width of the Channel will vary. The outer channel will be 50' wide [plus side slopes) and dug to depth of 5' below mean Iow water, plus 1' overcut. The inner channel will vary from a minimum of 20' to a maximum of 30' (bot plus side slopes) and dug to a depth of 2' +1' overcut. Approximately 5000 c.¥. will be hydraulically removed and placed on owner's beach west of the creek both above and below the line of mean high and mean Iow water for use a beach nourishment. Multi-year maintenance permit is requested. Existing bulkhead section nearest residence (14' return, 75') will be replaced within 18". The indented boat slip consisting of 15' c 24'c 10' w~ill be removed and replaced in kind. The Femainin9 two sections, 20' and 10' return will be replaced within 18". At the~ inlet to the creek, the 70' groin on the west side of the inlet. will be re-piled and repaired and extended 50'. The 160' Section of bulkhead immediately to the north of the groin wiil be removed and replaced in kind and in place. The final northerly section of bufkhead Wilt- be left. in place and a new ~,0' section, plus ~0~f~turn wil~ be constru~ed landward of the marsh that has grown behind the existing bulkhead. R ecommendations June 27. 199~ An existing 80' groin west of the inlet will be re-piled and repaired. Private Road off New Suffolk Avenue. Mattituck Vote of Council: Ayes: Bruce Loucka. Robert Keith. Jack Hagerty, Particle Isaksen Nays: Stephen Angell Motion carried. _J L~W 01~t~IC ES SOFF]EY & SOFFEY 410 JERICHO TURh-PIKE J-~RICI-I0, IN-E%V YORK 11758 August I!,. 1994 TEL: {516; g~B-7-~SB Southold Trustees Office Town of Southo!d Main Koad P.O. Box 1179 Southo!d, NY 11971-0959 Attn: Jill Re: Dredging Application Dear Jill: Pursuant to our telephone conversation, please be advised that on behalf of my client, Neil McGoldrick, I am hereby requesting that the hearing presently scheduled for August 25, 1994 be adjourned until September 29, 1994. I will endeavor to furnish you and/or the board with any information that will establish prior dredging activity involving the area which my client seeks permission to dredge. I will also furnish you with any information within my possession showing Mr. McGoldrick owns the creek bottom which he seeks to dredge. if you have any questions in connection herewi'~h, please do not hesitate to contact me. Thank you for your cooperation. CC: Neil McGo!drick Roy L. Haje Very truly yours, GAll ~;. SHAFFER SECRETARY ©F STATE Mr. Roy Haje Eh-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 STATE OF NEW YORK DEPaRtMENt Of STATE ALBANY. N.Y. 1223 ~ -000 ~ July 20, 1994 Re: F-94-349 U.S. Army Corps of Engineers/NY District Permit Application Neit McGoldrick Town of Southotd Re~luest for Additional Information Dear Mr. Haje: Pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed project. Analysis in more detail with respect to state coastal policies 15 and 35 regarding dredging, dredge spoil and ks relationship to erosion and the interference with coastal processes, and how the propos.ed activities will not impact surrounding resources or increase erosion of surrounding shorelands, given the reconstruction and extension of groins and bulkheads, and the disposal of dredge spot up-drift of the dredge site. Analysis in more detail with respect to state coastal policy 44 regarding tidal wetlands and how the proposed activity will not adversely effect the wetlands, given the close proxim/ty of dredging and the reconstruction of bulkheads to wetland vegetation. Analysis in more detail with respect to state coastal policy 2 regarding water- dependent uses, given the proposed activities' waterfront location and the non-water- dependent nature of. the use, i.e. residential. Analysis in more detail with respect to state coastal policy 14 regarding coastal activities causing flooding and erosion on other locations, given the proposed activity's interference with littoral drift and the disposal of dredged mater/als up-drift of the dredge site. ~ pl'inle~ on rec'ycl~l EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAx NO. 516-283-6136 July 22~ 1994 Board of Town Trustees Town of Southold P.O. Box 1179 Southold, New York 11971 RE: NEIL MCGOLDRICK - SCTM #1000-116-4-16.4 Dear Trustees: Enclosed please find documentation from the Suffolk County Department of Public Works for the prior dredging of Halls Creek. This substantiates our claim that the current project should be considered "maintenance" dredging. A reapplication was filed with the Department of State on June 28, 1994 and that agency should be able to.confirm that it has been received and is being processed. Our application before the New York State DEC remains pending, but I respectfully request that you proceed with your review as I believe the DEC has acknowledged the Trustees as lead agency. As I will be away on vacation during your July 28, i994 meeting, I request that the matter be put over to tke August 25 meeting. ~ Very truly yours, Roy L. Haje President RLH:rm Enclosure cc: DEC/Laura Scovazzo - #!-4738-00265 COE/Sophie Ettinger - ~91-018~-L2 DOS/Walter Meyer - #f-91-!25 Nail McGoldrick Doug Soffeyf Esq. EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO, 5t6-283-6136 Ms. Laura Scovazzo New York State Department of Environmental Conservation SUNY, Building 40 Stony Brook, New York 11794 RE: July 8, 1992 NEIL McGOLDRICK - NYSDEC No. 1-4738-00265 Dear Ms. Scovazzo: This letter is in partial response to yours of April 29, 1992. Staking of the 40' bulkhead and 10' returns will be done shortly and notification given to you. We have recently caused a hydrographic survey to be undertaken by a licensed professional engineer (John Guldi) in the area to be dredged. His results have been superimposed on the Van Tuyl survey and a copy enclosed herewith. The results depict which areas are in need of dredging and which are satisfactory for the depths that we require. The list of potential adverse impacts contained in your letter is .formidable. The most compelling argument in favor of the project is the past history of dredging operations. With my original application, I supplied you with a copy of NYSDEC Permit No. 1-5275-0097 issued to the Suffolk County Department of Public Works. Informa- tion obtained from the County indicates that the creek was dredged in 1979, 1980, and 1983. Spoil was placed both to the east and west of the creek mouth. Much of the work that is proposed now was done by the County. In fact, our work plan is based upon the County's plan. Ms. Laura Scovazzo JUly 8, 1992 None of these operations seem to have adversely affected the waterway based upon the continued growth and vigor of tidal vegetation. The presence of the boatslip on the' subject property further 'indicates that this area has historically been used for boating, not only by the owner of the subject parcel, but byothers, as the County would not have dredged had only one owner been benefitted. The depth to which we propose to dredge within the creek proper, -3' maximum, and the depth of the channel, -6' maximum, dUplicate prior conditions that are not reported to have any adverse effect upon any of the items listed in your letter.. Boat speed within the creek is limited to 5 m.'p.ho, causing the wakes produced to be extremely low and without sufficient energy to cause erosion. The dredging will probably be restricted to a time when the osprey that you report to be nesting nearby is no longer Present. We are unable to speculate on the likelihood of dredging farther north in the creek as that would not be of in- terest to us. Further,' we are unaware of. any previous dredging in that area, while we can definitely show that dredging did occur in our subject area. Thus, there may indeed be no cumulative impact based upon application by others. While we think it desirable to use dredged spoil as a means of nourishing beaches, we are open to the sug- gestion of placing the material entirely above the line of mean high water. We are concerned, however, that to do so would damage the beachgrass and other dune-type vegetation that is now stabilizing the site. No vege~ tation is located in the intertidal zone, which can be nourishing with only transitory impact. Should downdrift owners be interested in obtaining dredged spoil for beach nourishment, this, too, would be considered. I would think that the NYSDEC would be eager to have this waterway maintenance dredged for the tidal flushing that would result. The present shoaling condition is re- stricting the interchange of water and probably limiting its productivity, increasing water temperature and, possibly, bacterial levels. A detailed testing regime would be necessary to determine precise conditions, but again we point to the previous approval to dredge where these were not required and nO apparent adverse effects accrued. ~s. ~aura Scovazzo - 3 - July 8, 1992 As Suffolk County becomes less and less active in the maintenance dredging of the Creeks and waterways in the various towns, this type of operation, based upon private funding of local owners, is becoming more and more com- mon. I would hope that the NYSDEC would not impede these maintenance activities but would do eVerything in its power to see that they are expeditiously approved. Very truly yours, Roy L. Haje President RLH:KD Enclosure cc: ~outhold Board of Trustees COE - #91-0186-L2 DOS - #F-91-125 Neil McGoldrick James H. Rambo, Inc. Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. J'J..3 /'~.~. DATE: ..~-¥ 7, 1994 NeiI McGoidrick ISSUED TO ..................................................................... Pursuant fo the provisions of Chapter 615 of the Laws of fha State of New York, 18931 and C~apfer 404 of the Laws of fha Sfafe of New York 1952; and fhe Soufhoid Town Ordinance en- titled "REF=ULATINF=' AND THE PLACING OF OBSTRUCTIONS tN AND ON TOWN WATERS AND PUBLIC LANDS and +he REMOVAL OF SAND, C=RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance wffh fha ResoJufion of The Board adopfed a'l' a meefincj heJd on .J..~.~ 30 ..... jo) c)~.., and Tn consideration of fhe sum of $ IO0.g.g paid by of ' N.Y. and subject fo the Terms end Conditions JJsted on the reverse side hereof, of SoufhoJd' Town Trustees aufhorlzes and permits ('he followbg: Grandfatlxer germit for 4675 of bulkheads, 707 of jetty as per plan dated 6-23-94. NOTE: Amendment to add ramp and float was denied as size is of q.uestion and a f2tI permit is necessary. Mt in ~ccor~ance with the defaitea specfflcafions as presented in +he originating application. IN WITNESS WHEREOF, The said Board of T~ustees here- by causes ifs Corporafe SeaJ fo be affixed, and these presents +o be subscribed by a majorffy of the said Board as of fhis date. ...................................... ........................ EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 1196,8 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 June 24, 1994 Board of Trustees Town of Southold 53095 Main Road Southold, New York 11971 RE: NEIL McGOLDRICK, Private Road off New Suffolk Avenue. Mattituck Dear Trustees: Pursuant to your conversation with my client at his property on June 24, 1994, I request that all existing bulkheads, floats, ramps, etc., be grandfathered and, thus, be permitted to be reconstructed. I understand that the dredging aspect of the project will be treated separatelY. I have enclosed a set of three drawings indicating all of the existing structures, including a float and ramp present within the boat basin. Should you require anything additional, please advise.· V~~trul~y yours, President RLH:KD Enclosures cc: Neil McGoldrick NOR~ cd ;/ Recommendations June 27. 1994 - The CAC recommends disapproval because it would not be within 75' of the wetlands if the house was relocated on the property and if applicant build a smaller house to fit the lot size. Soundview Avenue. Southold Vo~e of Council':. Ayes: Ail Motion carried, No. 1168 Moved by Bruce Loucka, seconded by Stephen Angell, it was RESOLVED to recommend to the Southoid Town Board of Trustees APPROVAL WI. TH PROVISIONS of the Wetland Application of NANCY GILLIES 111-9-5.1 ,to rebuild steps to beach 59 x 36. The GAG recommends approval provided the bluff is revegetated. Nassau Point Road, .Cutchogue Vote of CounCil': Ayes: All Motion carried. No, 1169 Moved by Robert Keith, seconded by Pat~;icia Isaksen, it was RESOLVED to recommend to the Southoid Town Board of Trustees APPROVAL of the Wetland Application of LOUIS BACON 117-8-20 to temporarily install a 20' x 70' ,launching ramp constructed with 8! x ;70' x 8' sections of Ceo Web Grid system. First Street, New Suffolk Vote of Council: Ayes: Ail Motion carried. No, 1170 Moved by Robert Keith, seconded by Patricia lsaksen, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Application of NElL McGOLDRICH to maintenance dredge' channel within Hall's Creek and approach channel from Great Peconic Bay. A total of !040' +/- of channel will be dredged, The width of the Channel will vary. The outer channel will be 50' wide (plus side slopes) and dug to depth of 5' below mean Iow water, plus 1' overcut. The inner channel will vary from a minimum of 20~ to a maximum of 30~ (bot plus side slopes} and dug to a depth of 2' +1' overcut. Approximately' 5000 c.y. will be hydraulically removed and placed on owner's beach west of the creek both above and below the line of mean high and' mean Iow water for use a beach nourishment. Multi-year 'maintenance permit is. requested. Existing bulkhead section nearest residence (1/~ return, 75') wiil be replaced within 18''. The indented boat slip consisting of 15' c 2¥c 31' 24. 10' w~itl be removed and replaced in kind, The remaining two sections, 20' and I0' return will be replaced within 18". . At the, inlet to the creek, the 70' groin on the west side of the inlet, will be re-piled and repaired and extended 50'. The 160' section of bulkhead immediately to the no~th of the groin will be removed' and replaced in kind and in place. The final northerly section of .bulkhead will be 'left .in place and a new 40' section, plus lO~t'(~urn wit~ be constructed landward of the marsh that has grown behind the existing bulkhead. Recommendations June 27. 1994 GAll S. SHAFFER SECreTArY Of STATE: STATE OF NEW York DEPARTMENT OF STATE ALBANY. N.Y, 1 2231-000 ] Mr. Albert J. Krupsld, Jr., Trustee Board of Town Trustees Town Hall P.O. Box 1179 Southold, New York 11971 June 17, 1994 Re: Lead Agency Coordination Request for Proposal by Neil McGoldrick, Private Road off of New Suffolk Avenue, Town of Southold. Dear Mr. Kmpski: With regards to the above mentioned Lead Agency Coordination Request, please note that the New York State Coastal Management Program does not object to Southold Town Trustees assuming Lead Agency. However, the Department of State has yet to receive a Federal Consistency Assessment Form (FCAF) and supporting information for this proposed project. Therefore, please instruct the applicant to submit all required i~ormation to Ms. Diana Boos at the Department of State. Upon receipt, we will determined if the submitted information is adequate to begin review of the proposed project for consistency with New York State's Coastal Management Program. If you have any questions, do not hesitate to call me at (518) 474-6000. Sincere!_Y,j~/ Walter F. Meyer' Coastal Resources Specialist U.S. ACOE/NY - Sophie Ettinger En-Consultants - Roy Haje file printed on recycled paper JAMES H. RAM90, INC, B~SHOPS LANE SOUTHAMPTON, N, Y. 11968 PHONE: (516) 283.1254 WUNNEWETA ROAD CUTCHOGUE, N.¥'. 11935 PHONE: (5't6) 734-5858 AUgust 23, 1994 Mr. John Holzapel 825 S. Harbor Road Southold, N.Y. 11971 Re: Nell McGoldrick Dear John: Enclosed please find requested information. The DEC witl~not proceed further with the application pending SouthOld's action (lead agency). in regard to our conversation, the focus of my rationale would be that the Trustee's concerns for its creeks regarding water quality and the desirable "critters should certainly apply.to Hall's creek. Nature, of course, doesn"t acknowledge ownership. The fact that a private party is sponsoring the project should make no difference at all. If he benefits, does not the Town & the environment benefit? Has not Bacon's purchase of Robin's Island benefited the Town and the environment? Given other alternatives, private.. 'supplementation of public efforts should be encouraged. In summary, Hall's creek, is closed to shellfishing, water quality is poor and continued eutrofication of the creek is occurring. Presently Hall's creek is a high nitrogen' pool, poorly flushed and an increasingly poor habitat for fish and fowl. I look forward to addressing the Board, and if you will let me know when it will be before the work session, I would welcome the opportunity to discuss the merits of the application. ~ Regards, Thomas E. Samuels Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Gatrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 LEAD AGENCY COORDINATION REQUEST Enclosed is a permit application and a completed part I of the Environmental Assessment. Form. Southotd Town TruStees are interested in your ageny's comments in acting as SEQRA Lead Agency for: LOCATION: ~3¢,4~X-c- T~ MAP: f~&~-~.~ PE~IT DESCRP~: ~ ~,~Q~ ' PE~IT REQUIRED: (~O~ WETL~ ( ) OTHER SEQ~ CLASSIFICATION: ( ) T~e I ( ) T~e (~LISTED ( ) CEA Please contact ~$1bert J. Kru~ski,_ Jr., Trustee ._ . within 30 days and be. advised that the Southold Town Trustees (WANT)/(DO NOT WANT) to assume lead agency. SENT TO: DOS (~/DEC (~OH ( ) PB ( ) ZBA ( ) BLD ( ) ACE (~ cAc Please complete, detach and return this form to expedite processing. Involved Agency: Project Name: Location: 'SCTM: We at AGENCY Trustees assuming Lead Agency. (Have/No) objection to Southold Town Comments/Reasons: Signature of Authorized Representative~ TRUSTEES John M. Bredemeyer, Iii, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Atbertson Telephone' (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 November 23, 1992 Roy Haje En-Consultants, Inc, 1329 North Sea Road Southampton, NY 11968 RE: Neil McGoldrick SCTM ~1000-116-4-16.4 Dear Mrl Ha.je: The following action was taken by the Southold. Town Board of Trustees on Friday, November 20, 1992: RESOLVED that the Southold Town Board of Trustees grants a waiver to construct a swimming pool and deck landward of existingbulkheads. If you have any questions, please do not hesitate to contact this office. Very truly yours, J~oh~ M .~redemeyer, President, Board of Trustees JMB:jmd cc: Bldg. Dept. New York State Department of Environmental Conservation Buitding 40~SUNY, stony Brook, New York 11790-2356 [TiOW OF SOUTHOLD, l~ovember 17, 199~ T~om~s ¢. ,iorling Commiss~one~ Roy Haje, president Eh_Consultants, Inc. 1329 North Se5 Rd. Southampton, NY 11968 RE: UPA ~1_4738-00265/00001-0 Applicant - Nail McGoldrick Dear Mr. Haje: modified to i~clude the your recent resubmissions advising that the spoil site has oro~ect has been_ ~ ~l~est side of the been staked and that the 50 foot extension of the inlet have been forwarded to tecb_nical staff for field inspection and review- · re comments by technical ' th following a ....... + e addressed: · In the interim, staff to your 7/g/92 ~responde~ce wnlcn m~=~ b 1. simply stating that suffolk County Department works (SCDPW) previously h~d of public dredge this ~rea does not begin to permit to address the concerns stated in my 4/29/92 letter. The referenced SCDPW permit did not include red ing to the magnitude presently proposed, ~or %id they have as much dredge ~aterial to dispose of. In addition, the dredge history which you supplied in your 4/29/92 letter does not indicate where dredging was done, hOW much dredging was done, etc..- 2. There is nc.speed limit posted in the creek as stated-in paragraph 2 of page 2 of this letter- 3. The Department objects to the proposed t0 foot and 40 foot bulkheads proposed at the east side of the channel in~'~that there is no need for these structures here. There is stable high marsh going into a beach dune community at that location. Creating a bulkhead barrier between these two ecosystems (i.e. adjacent area and high marsh) would diminish the buffer benefits here. This portion of the project, therefore, does not meet the standards for permit issuance as per 6NYCRR Part 661.9. Ail of the concerns outlined in my 4/29/92 correspondence, therefore, as well as the objections to the proposed bulkheads must be addressed in depth. In addition, no deed was enclosed in your 9/28/92 correspondence but rather a copy of an old 1963 permit authorizing the dredging of only a small Section (150 feet) of the dredging .presently proposed. The applicant, then, must still submit authorization(s) and/or proof of ownership covering the entire area of underwater land proposed to be dredged and that on which you propose to dispose of the dredge material. Finally, as indicated in prior correspondence, in order that a designation of lead agency and a determination of significance pursuant to the State Environmental Quality Review Act be completed, the information which was requested by the Town of Southold in order to make this decision, should be submitted to' them. Upon receipt of the information requested above, processing will continue. You will be notified accordingly when review of the recently staked spoil site and the newly proposed groin extension.has been completed. Very ~ruly yours, Laura Scovazzo Sr. Environmental Analyst LS/rw cc: N. McGoldrick C. Hamilton file ................... ' .................... -' EN-CONSULTANTS, INC, 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 1 I968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 518-283-6136 November 13, 1992 Board of Trustees Town of Southold 53095 Main Road Southold, New York 11971 RE: NEIL McGOLDRICK - ~i-4738-00265 Dear Sirs: Attached please find various documents to supplement your file and make the application now pending before you con- form to that which is before the NYSDEC and U. S. Army Corps of Engineers. The only change is a 50' extension to the groin on the west side of the inlet. Please proceed with processing of our application and advise of any further requirements. Ver~ru ly~ yours, Roy d. Haje Q' President RLH:KD Enclosures cc: Neil McGoldrick ~q EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES FAX NO. 516-283-6360 516-283-6136 November3, 1992 Ms. Laura Scovazzo New YOrk State Department of Environmental Conservation SUNY, Building 40 Stony Brook, New York 11794 RE: NEIL McGOLDRICK - ~1-4738-00265 Dear Ms. Scovazzo: As you requested, I enclose three additional prints of the hydrographic survey as superimposed on the Van Tuyl survey. As this project has taken .an inordinately long time to be reviewed, I would hope that a decision could be reached shortly so that my client can decide how to proceed. I have also flagged the proposed spoil site on Octo- ber 30, 1992, and enclose photographs attesting thereto. We believe that the intertidal area is the best place for the spoil in this instance as placement on the adjacent upland would destroy the luxuriant growth of beachgrass that now stabilizes this bit of land. While we under- stand the concern regarding spoil placement updrift of the mouth of the creek from which it is being removed, we believe that the extension of the easterly groin and reconstruction of the westerly groin will prevent rapid migration of sand back into the mouth. I believe this is the final requirement andChope that processing of our application can proceed. Very truly yours, ' Roy L. Haje ~ President RLH:KD Enclosures cc: Neil McGoldrick; Southold Trustees 0 ~o 1,4 t / :i Fp a~7- :/ I i CoUnty of SuffOlk ) State of New. York ) RoyaL. Haje BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE'ABOVE DESCRIBED ~ PERMIT(S) AND THAT ALL STATEME/~TS CONTAINED HEREtN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE iN THE MANNER SET FORTH IN THiS APPLICATION AND AS MAY BE 'APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES.. THE APPLICANT AGREES TO HOLD'THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), I~ GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(s) OR REPRESE~TATIVE(s), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. KAY M, DOUGHI:t~ ~Y ~C Sta~ of New Yo~ 01~1~1 Suffolk County Suggested space for location Map THIS IS NOT A PERMIT EN-CONSULTANTS, 329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 October 22, 1992 Town of Southold Board of Trustees 53095 Main Road Southotd, New York 11971 RE: NEIL McGOLDRICK Dear Sirs: Attached please find a proposal to construct a swimming pool and deck landward of existing bulkheads on my client's property. I respectfully request that a waiver be granted for this work, which will have no effect upon adjacent waters or wetlands. Very~r~ uly y~o%~rs, President RLH:KD Enclosure cc: Neil McGoldrick EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL ............................................. SERVICES '" ;'~ ~?~ ~ ! 'i'"' ':~ : : ~ ~ :: ~ L'~ i..~ i ,-. ~ ,'. ·' 516-283-6360 FAX NO. 516-283-6136 September 29, 1992 Board of Trustees Town of Southold 53095 Main Road Southold, New York 11971 Dear Sirs: RE: NEIL McGOLDRICK Attached please find a copy of the deed into Neil McGoldrick. Please note that it grants title out to the middle of the creek. Thus, unless you take issue with the content of the deed, it would appear that. the Trustees do not own the major portion of the creek on which the dredging is to occur. Following your review, I would be interested in learning your comments. V~truly ~ours, RLH:KD Enclosure cc: Neil McGoldrick // TO OF S©UTHOLDc.w. BOARD l OF TOWN TRUSTEES Pursuant to the provls' t a !i 5 of the Laws of 1893 of the 5tote of New York and Chapter 404 of the IJ.aws of 1952 ~f the State of New York and in accordance with the resolution of the Board of ~rusirees ot: th~ "l'own of $outhald adopted at a meeting of said Board on...,~'.e..~..q,a...~.Y...~.~...~..rq~ ..... i.~ .......... and in consideration of the sum of $ i8,00 lawful money of the United States, ~aid by H residing at .... .~]~'~.~'.9'~...~.a.~m..~s'~...[.!.e.~.{~..~.~]~...A..'~..~e..~..¢~.a-~`~.~]].¢ .... New York, the said Board of Trustees of the Town of Southc~ld, Suffolk County, New York, hereby authorizes and permits said ........................... ~:~i,.,A,?r.,v.,J:.,n....,.J~...i.~,h. ................................. to dredge ar, area appro×ima~ety 150 ~eet long by 15 feet wide in front o£~ his proi~e~ty on }~aii"s Harbor - approximately 450 cu. yards, all Sq aqcord~¥ce~ith the application submitted The said fi, Alvin ~t]ith ~,J as part of the consideration for the issuance of this permit does hereby 'roi+asa the said Board of Trustees tf~e Town of Southold from any and all damages, claims for damages or suits that may arise or occur directly or indirectly as a result of'any opera¥ion carried on under and pursuant ta this permit, and will at his own expense, defend any an~ ail '~uits which may be brought by third parties as a result of any operation carried on pur~..ant to or m accordance w~h the terms of this permit, and assume full liabit' y with respec't thereto to the complete e×clusion of said Board of Trustees and the Town of South01,d, / TOWN OF SOUTHOLD BOARD OF TOWN TRUSTEES TOWN CLERK'S OFFICE SOUTHOLD, N. Y. 13~<a] t r 'ced ale APPUCAT[ON FOR PERMIT INSTRUCTIONS '.. TSL a,,.?icati.n t,, bc c,,mi~Ietely filled in by typewriter ,,r in ink and submitted tu the Tuwn Trt,-:t.c> in du1, 1:. l'h,t I~' ~h,,',vbig h,cati,m ,,f l~,t filial huihliu;ls (m l,n.mis(.:<~ rdathm t. adjuining premise.<, public ." thN :q4flicatiun. i'. 'l'i~u w~.rk c,~vurcd by tiffs a},lslication ilia}' liar ])e conllllellccd I)efure the issmmce al a pm'mil. '~. [-l,,n aplq'.vrd ,;f this al~l~licatiun. '['c:v,n Trm. lccs will issue a la-trait tu applicant. Such pt'rmit M~alI ],t' kc],l ,n tl:c l,rvmi~:.~ mid available [,~r h~3pcctiun at all times. i~. _'.il,Iicam ~hall m,ti~v the lluard of 'l'ruste,'s ul,~.n c~,nq~Ielion uf the work covered by permit. APPLICATION IS HEREBY MADE tu the lhmrd ~.f 'J'rus!ecs (:[ the Town uf Southold. Sufi'ulk (',,umy. yicr~, u k ~,t 1., jcttys and dredging in. under, and ¢~cr ilia waters of Town of St,tilht,ld. Tl,c al,l,[ic:u:z '., o,n,i,I)~ '.'.}Ill all al,l,licable Iaws, t,'dinances, regnlatim~s and c,,u(Iititms specified t,y said trustecs, and l,, :~c T,,wu ,i' S,,mh,Jd, and alt Toun officials fi'cc fl',all liabiliLy and ilamages of any kind. ~ :.-~.~. >,4t: ....... ~ t'r,,perty .H~or Farm.~, ~Tev' ,~ufzo;k A~e.~ Na'Liituck, ~ '~ccl,:. Ilar ,e- i larl),r Jrr, mtJn~ l>r,,l~ertv Creak l'ermit Rcque>ted Tu: .~,g~ . <ize ,,i l'rupo=cd W,,rk: Length .... !5.0..fS.¢~.,WJdth.~.~0~.S,.,Heighth Above High Water..:?..(~.(~.... l~t-i,fl~ Bel:,w I_ow W:ttcr...5..f~.~ ...... kverage Rise In Tidt... ~. ~.$...Yards to Be Excav:tl,:d..~.5:Q ....... Width (,i Canal, Crack c,r Bev Fronting ]'ropertv. .... ~. ~ ...... Depth at Low 'ride ..~..(9. :3 ........... I, Thb Fur Pr[v:tte (,r Bush,ess Use? ....... ~.Y~.3~ .................. ~rca Zoning .... ~F.~ }~SE t.~?.2 ....... C.ml>lcte pl~Jt p/rut to'be drawn on reverse side of this ai)ldicati,m. cout, m'Y oF ~ff-~*' o h' ' ' .h~' ?/., '"',,,I'" ~cribed permit, and tlmt~ work will be done in ~/l>,-.~!_>sing duly sworn deposes and says lhat tie is the applicant for the above de- ll statements contained herein are true to the best of his knowledge and belief; that the manner set forth in the application and as approved by the Board of Trustees of the T~wn of Sm~thold, and the at)pi/cant agrces to hold the Tmvn of Southohl anti said trustees harmles~ and free from any and ail damages and claims arising under or by virtue of said permit. . / / .... , .... /'/ ...... !r~m.~45~¢:~L,,.-.,.d ...... ;" g// . -- ' -['~ ?' --/' (applicant) ,Y' .......... Sworn to before me' this .............. d~y ' X? TH~S PERMIT is subject to the f, 41owing terms and conditions: ]. That there shall be no unreasonable interference with navigation as a result ut the work herein authorized. 2. That there shall be no interference with the 'right of the public to pass end repass along that portion of the beach between Iow and high water mark. 3. That the work shall be subject tr, the supervision and approval of the said Bao~d of Trustees or its agents. IN WITNESS WHEREOF, the said Bcard of Trustees of the Town of Southold has caused its corporate seal to be hereunto affixed and these presents to be subscribed by a majority of the said Board of Trustees, the day and year above written. ............................................................ (L. S.) S' '~ ( N~ / YORK C ,IT'~ JF JFFOLK O ~ Ti ...... 25~k....doy of ......N.a~;~',~ ....................................... 19..63,-, before me personally oppeored Emnqo]~,$ Dean, Phit£_p Jqe£1~r,. .~T:~ci~~ Frank Dawson and Alvah B. Goldsmith, ail personally known to me, who, being by me duly s~ .)m, severally said that they each resided in the Town of Southold, County of Suffolk, ~tate of New York, and were members of the Board of Trustees of said 'T'own of SouthoJd and constituted a majority of the same; that they knew the corporate seal of said Town of Southold; that the seal affixed to the foregoing instrument wes such corporate seal; that it was so affixed thereunto by order of the Board oF Trustees of said Town of SouthoJd and that each one signed his name thereto as Trustee and by like order. '~W~~, / fEBRL,d.~ 2Q, 1963. / A reov.~r meeting of the Southold Town Trustees was called to ~ ord'~ at 2:00 P.M. at the Town Clerk Building on February 25, _ Dy President Emmons Dean. rresent: Emmons Dean Frank Dawson John McNulty Alvah goldsmith Marion Regent MinuteQ of last meeting were read for information. Mr. Offner's b±ll for dmedging was paid by contractor (Zeleski). No information ha~ been received from the District Attorney as to Mr% Edwin King's violation of Town Ordinances. The Board voted to prepare an information and submit it to a Justice of the Peace of the Town .sighting the various violations ~r. King has committed as determined by an inspection of the premises on November 12, 1962 by a committee of the Board (Dean, weiler and Goldsmith). Application of Main Site, Inc. (Arthur Guittard) for permission to dredge out the small channel in front of their property on Deep Hole Creek, Mattituck, about 150 cu. yards, was approved. Fee $10.00. Application Of H. Alvin Smith for permission to dredge an area approximately 150 feet long by 15 feet wide in front of his property on Hall's Harbor - approximately 450 cu. yards - was approved. ~ee $18.09. Minutes read and approved. Meeting adjourned at 3:15 P.M. Alvah B. Goldsmith, Clerk New. York State Departm6'nt of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11790-2356 (516) 751-1'3.89 FAX (516) 75t-3839 Thomas C. Jorling Commissioner April 29, 1'992 Roy Haje, President tn-Consultants, Inc. 1329 North Sea Rd. Southampton, N. Y. 11968 RE: UPA #1-4738-00265/00001-0 Applicant Nei.1 McGoldrick Dear Mr. Haje: Pursuant to a field inspection of the refer.enced proposal, the Department, in its continuing review of the project, requests that the following information be submitted. The spoil site was not staked in 'the field, as per the April 12, 1991 request, such that the technical .staff were unable to determine an accurate depiction of the shoals and mudflats to be filled without field measurements. The forty (40) foot bulkhead and ten (10) foot return were not staked or labelled in the field either. Please advise in writing when the staking/labelling discussed above has been completed so that'a field inspection may be performed. · ~ .. In addition, a number of potential adverse impacts'which may occur as a .result of the r p o.~_._t have been identified and must be addressed: · l) loss of shoals and mudflats (SM/LZ) values caused by dredging; 2) loss of nesting and feeding habitat to the threat.ened species (osprey) which is actively nesting withi~ 75 feet of the .proposed channel; . 3) alterations to the tidal regime of Hall's 'Creek; 4) alteration to the salinity of Hall's Creek with the resultant alteration of. benthic and'fishery' eommBnities; 5) alteration to the freshwater!'[ens~of::bpland area!~ by increased tidal range; '. 6) loss of vegetated tidal .wetlands by boat.wakes and sloughing off of new channe'l~ ' ' Roy Haje April 29, 1992 Page 2 7) 9) lO) ii) 'loss of feeding areas for wadli~ng birds; cumulative fmpacts of potential fulrther dr.e'dging to th'e north of the project site (i.e. insta'llation of. docks, etc..); ~. I filling of SM/LZ by placementil, of dredge material ~pdrift of channel requiring increased number of dredging events and increased erosion potential downdrift .by removing sediment from the littoral drift; ~ discussion of needs for project, alternatives for'dr.edge areas, alternatives for dredge material, placement. (i.e. diked disposal upland, placement downdrift above mean high water, etc.); ' discussion of prior dredge evelnts. Finally, in order that a designatifon of lead agency and a determination of significance pursuant to the State Environmental Quality Review Act be complet[ed, tlhe information Which was requested by the Town of Southold Board of TruStees, in order to make this decision, should be submi~tted to them. in addition, an authorization letter from the Town of. Southold (owners of the underwater land) allowing the applicant to apply for a permit on their property must be submitted. Upon receipt of the information requested above, processing will continue. Very truly yours, Lau~ra Scovazz'o Environmental Analyst LS/rw cc: N. McGoldrick C. Hamilton J. Bredemeyer/Town Southold Tru'stees f.ile TRUSTEES John M. Bredemeyer, II!, President Hemy P. Smith, Vice President Albe~ J. Kmpski, Jr. John L, Beinmki, Jr. lohn B. TutbJll Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TOV~rN OF SOUTHOLD Sru~ERVtSOR SCOTT L. _HARRIS Tom Hall 53095 Makn Road P.O. Box 1179 Southold, New York 11971 LEAD AGENCY COORDINATION REQUEST TO: Laura Scovazzo DATE: A~ril 15, 1992 Enclosed is a permit application and a completed part I of the Environmental Assessment Form. -Southold Town Trustees are interested in your ageny's comments in acting as SEQ~A Lead Agency for: NAb!E: Neff McGoldrick LOCATION: Private Road off New Suffolk Ave. .TAX MAP: 1000-116-4-16.4 DESCRPTN: See attached PERMIT REQUIRED: ( ) TO~N WETLAND ( SEQkA CLASSIFICATION: (x) Type I ( ) UNLISTED · - PERr~IT ~ OTHER ) Type II (x) CEA Pending type I. action'as ~reater than !00 cubic yards of dredging, Please contact John M. Bredemeyer, III, President, within 30 days and be advised that the Southold Town Trustees (WANT)/(DO NOT WANT) to assume lead agency. SENT TO: DOS (Xk DEC (X) DOH ( ) PB ( ) ZBA ( ) BLD { ) Involved Agency: Project Name: Location: SCTM: We at AGENCY Trustees assuming Lead Agency° Comments/ReasonS:· NYSDEC - 1-4738-00265/00001-0 ,: Thank you for your Lead agency coordination letter of 12/13/91 sorry for the delay in answering your request. We consij?r th}~ a~pplication incomplete and have requested additional ~ave/mo) objection to $outhold Town- information of the applicant~ ~vhich we have not received yet, Signature~of Authorized Representative . aa usa s .: 'lolm M. Bredemeyer, HI, President · Iiem-y P. Smith, Vice President Albel~ J. Ki~iP~ki, Ir. John L. Bednoski, Ir. John B. Tuthill Telephone (516) 765-1892 Fax (51.6) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTI-IOLD srWmv soa SCOTT L. HARRIS Town Hall 53095 Main Road P.O- Box 11,79 Southold, New York 11971 January 21, 1992 Roy Haje Eh-COnsultants 1329 North Sea Road Southampton, NY 11968 Neii McGoldrick SCTM ~1000-116-4-16.4 Dear Mr. Haje: As:per our conversation on January 17, 1992 and pursuant to the Trustees review of your application on January 16, 1992, I can offer the following: 1. The application will automatically be considered complete as soon as soundings are made at 50' intervals along the dredge line which are mapped by a licensed'.surveyor or engineer~(Town Code requirements). 2, The Trustees will automatically assume lead agency status at that time and schedule an environmental assessment as soon as possible thereafter. If you have any further questions, please do not hesitate to contact this office. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt New York State Department of Environmental Conservation Dear OUTHO_ k j Thomas C. Joding Commissioner · . RE:' LEAD AGENCY COORDINATION REQUEST. The purpose of this.request is to determine under Article 8 (State Environ- mental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: Your agency's interest in acting as lead agency; Your agency's jurisdiction in the action described below; and Issues of concern' which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part 1 of the Environmental Assessment Form to assist you in responding Project Name: ~\ Project Location- PriwYc DEC Project Number: SEQR Classification: ~, Type. I [ ] Unlisted DEC Contact Person' DEC Position: ./~, DEC your agency or agency assuming agency has no objection to another lead status for this action, but reserves the right to comment on this action if a positive determination,of significance is made. New York State Department of Enviromnental C =nservation Ti~m~s ~ ,Ioding - RE: LEAD AGENCY COORD!N~,TION REQUEST The purpose of this request .is to determine under Article $ (State Environ- mental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 6t7 the following: 1. Your agency's interest in acting as~lead agency; 2. Your agency's,jurisdiction in the action described 'below; ~nd 3. issues of concern whic~ your 'egencs'believes should be evaluated. Enclosed ~s'a copy of the.permit application and a c~m~letad Part i of the. Environmental Assessment Form to assist you i~ responding. SEQR Clas. sific~tion: .[~'Type I [ ] Unlisted DEC Contact Person' I~_~U,f~ ~,_~v- ..... DEC. Position: /- .OEO has no objection to your agency .or a~other status for this action, but reserves the a po~tive ~eterm~nat~on of ~ignificance agency assuming lead agency right to comment on this action if' is made. NEW YORK STATE DEPARTMENT O~ =~VIRONM.ENTAL CONSERVATION JOINT APPLIOgTI~N FOil P£~MIT DEC APPLICATION NUMBER U.S.ARM~CORPS OF ENGINEERS APPLICATION Please read ALL instructions on back before completing this application. Please tTpe'~r print clearly in iek. Attach a~dJtional information as neeclecL [--]AR~riCLE 9, TITLE 1, ARTICLE 43 6NYCR. R 646 (LAKE GEORGE RECREATION ZONE) r-qARTiCLE I5, TITLE 3 {AQUATIC PESTICIDES CONTROL) [~]6NYCRP 327 [AQUATIC VEGETATION1 ~]6NYCRR 328 (FISH) [--]6NYCRR 32~INSECTS} ~-~ARTICI,E 1.5. TITLE 5 6NYCRR ~ (PROTECTION OF WATERS] [] For the construction, reconstruction, or- reoair of a DA/VI or other impoundment structure. J~For the disturbance of a STREAM BED OR BANKS or excavation in .or ~ilt of NAVIGABLE WATERS. r-J401 WATER QUALITY CERTIFICATION ' [~]ARTICLE 1S, TITLE lS ~]SNYCRR ~ [WATER SUPPLY] J~$NYC~R 602 (LONG ISLAND WELL] J~JARTICLE 15, TITLE 27 6NYCRR 666 {'WtLD~ SCENIC AND RECREATIONAL RIVERSt t' E I ]ARTICLE 24 6NYCRR 662. 663 (FRESHWATER WETLANDS) ~r-~ARTICLE 25 6NYCRR 661 (TIDAL WETLANDS] [~ARTICLE 34 6~YCRR 505 (COASTAL EROSION] F. ~"SECTION 10 (RIVER AND HARBOR ACT OF 1899] for structures'and wo~k in navigable waters of the U.5 ~COASTAL CONSISTENCY C~RTIFICATIOB. ~'SECTtON 404 (CLEAN WATER ACT OF 1977) for disposat of dred~ or fill materi~J in waters of the U.S.' ~ SECTION 1D3 (MARIN~ PROTECTION. RESEARCH AND SANCTUARIES' ACT] for t~ tran~ortatio~ of dmds~ mated~ls for~dumpin~ into ocean waters. 1. LI.ST PREVIOUS P~RMIT/APPL~CATION NUMBERS AND DATES ill any) 2. APPLICANT IS A/AN J-~owner 3, NAME OE APPLICANT (Use FuEl Name) Nei! McGoldrick MAIL]NG ADDRESS 86 Second Street POST OFFICE Garden Citvr 4. NAME OF []Owner Roy T,. Haler ~vlAI LING ADDRESS t329 North Sea Road POST OFFICE Southampton, J~] Operator [] Lessee ~AgenrJContact Person [Check one) President, En-Consultants, 5. PROJECT!FACILITY .LOCATION [Mark location on map, see Number 1 a on reverse side) I O:,unt¥ Suffolk J Town or c~tv Mattituck STREET ADDRESS Elf differ,ant /rom apphca~t) Private road off' New Suffolk Ave, POST OFF{CE Mattituck r--lMu,~icipalitWGovernmentat Agency (Check as many as ap01y] Inc. TELEPHONE [Where can be teach~ during day] (51~ 248--2429 J STATE ZlPCODE NY 11530 TELEPHONE [Where can be reach~ during day) (51~ 283-6360 STATE r Z,PCODE NY 11968. Village b. NA/,AEO~ STREAM OR. BODY OF WATER . Halls Creek, Great Peconzc Ba.v 7 HAS WORK BEGUN ON PROJEC'~;' If YES. attach explanation on starting work without permit, include dates. ~Yes ~No Show wo~k on map and/or draw~n&s. STATE I ZIP CODE NY I 11952 t 8 . WILL P~OJECT UTILIZE STATE LAJND? E~¥es ~i ~.b~i: . ~ Commercial ASAP' - .... 6 Months s 410 . O0 ~nctosed 13. PRO.IECT OESCRIPT~ON: {e.g. quantity and type of material to be excavated, dredged or used for fill or rip rap, location of disposal s~t~; type of structure tc be m~tailed: height of dam: 5~Ze of impoundent; capacities of proposed wa~e~ soutce~; extent of distribution system: etC.) SEE ATTACHED ;4. WILL THiS PROIECT REQUIRE ADDITIONAL FEDERAL, STATE AND/OR LOCAL PERMITS~ COE, DOS, Southold Trustees [] Yes [] No If yes, please list: CERTIFICATION: hereby a~firm that under penality of periur'v that informatron provided on this form and ale attaqhments submgtted herewith'is true to the be~t of my knowledge and beiie~ False statements made harem are pumshabie as a C.]ass A m~sdemeanor pursuant to Section 210.45 of the Penal Law. Further. the aoo.l,cant accepts tuJJ reSDonsib[Jitv for alt damage, direct or indtrect, of whatever, nature, ann by whomever su{fered, arising out of the project descr ~ed ~lere n ar~o agrees re ndern~ fy and save harm es:~ the State from"'su ts acttons l damages and costs of every name and de,crept on resu t n~ fror~ said prelect. In addmon. Federa~ Law. 75 U.S.C. 5ectton 100! provides' ~or ~ tine of not mor~ than $10,000 or ~mprlsonmeiqt for not more than bye years, or both, wher~e an appil£an: kn.o~.m ~iy and w ] fuv reis f es. concea s or covers up a materl~t fa¢~ ~or knowingly makes or ~ses a fa se. fictitous or ~r~uduIent stat. ement. ! hereby authomze the agent named m Number ,z above to s~bm~t this applicahon]on my behalf February 21, 1991 -'~'- President PLEASE ~EAD ALL INSTRUCTIONS ON REVERSE suitabl~ for beach nourishment and that is what has been proposed her·-'~·n. You will note that t¥· ..... spoil will be discharged l~Om the pipe above the lin~ of mean high water,·but beyond the edge of t~e bank so as to avoid its erosion. This material will fan out i~to a gradual slope both above and below the lines oflmean high and mean low water. We expect that the gro~ns that are present will suitably retain this · materia~ from immediately re- entering the littoral drift. Since the Suffolk County Department of public Works 'has had its budget slashed dramatically, it is unlikely that the County will be undertakin~!_this and other dredging prOjects. If the ~channels are to remain open and fl~shing o~ these waterways continue, it is likely to be up to the property owners to Shoulder the, maintenance burden. Mr. McGoldrick has accepted this bur·den, which will enhance not only his property, but tho~e others who wish to navigate the creek. In additiOn to the dredging p~o~eCt, maintenance wOrk·is necessary to the v~rious bulkheads and groins on the property. In order to concisely describe the over-all project, I have prepared a revised·project description as followS.· "Maintenace dredge channellwithin Hall's Creek and approach channel fromiGreat Peconic Bay.·· A total of 1,040±' of channel will be dredged. The width of the channel Will vary. The outer channel will be 50' wide (Plus side slopes) and dug to.depth of 5' below mean low water, plus t' Ms. Laura Scovazzo - 3 - November 15, 1991 overcut. The inner channel will vary from a minimum of 20' to a maximum of 30' (both plus side slopes)and dug to a depth of 2' +1' overcut, iApproximately 5,000 c.y. will be hydraulically removed and placed on owner's .beach west of the creek both above and below the lines of mean high and mean low water for use as beach nourishment. Project was previously done by Suffolk County Department~iof Public Works. Multi~ .y~ar maintenance permit i~ requested. Existing bulkhead section ~nearest residence (14' return, 75.') will be replaced within 18". The indented boat slip consisting of 15' 24' 31' 24' 10' will be removed and replaced in kind. The remaining two sections, 20' and 10' return will be replaced within 18" At the inlet to the creek, the 80' groin on the west side of the inlet, will be re-Piled and repaired in place and in kind. .The 160' section of bulkhead immediately to the north of the groin will be re- moved and replaced in kind and in place. The final northerly section of bulkhead will be left in place and a new 40.' section, plus 10' return will be constructed .landward of the. marsh that has grown behind the existing bulkhead." Ail modifications appear on the revised work plans. A considerable amount of thought and expense has gone into this project, which we are confident is environ- mentally sound. .._~ .... Finally, a. completed long EAF is attached.' We believe the Southold Board of Trustees ~has declared~itself lead agency, which I trust you will discover in your coor- dination on this project. ~ Copies of this letter., work plan, surveY, etc.:, are being sent to other involved regulat0~y agencies for their con, current review. PART ,1--PROWl ECT iN FORMATION Prepared by Project Sponsor NOTICE: This document'[s designed to assist.in determining whether the. action proposed may have a significant effect on the environment. Please complete the entire form, Parts A!through E, Answers to these c~uestions will be considered as part of the application for approval and may be subject'to fu[ther verification and public re¥iew. Drovide any additional information you believe will be needed to complete Parts 2 a~nd 3. It~ is expected that completion of the full EAF will be depe.nde~t on information currentl.¥ avadable and will not involve new studies, research or investigation, tf information requiring s[uch additional work is unavailable, so indicate and specify each instance. NAME OF ACTION . i. LOCATION OF ACT]ON (Include Stre.et Address, Municipality and County) Private road off New Suffolk Avenue, NAME OF APPLiCANT/SPONSOR En-Consuttants, Inc. ADDRESS 1329 North Sea Road CITY/PO Southampton NAM E OF OWNER ('if ·different) Nell McGoldrick ADDRESS 86 Second Street CITY/PO Garden City DESCRIPTION OF ACTION Mattituck BUSINESS TELEPHONE (5!6) 283-6360 STATE J ZIP CODE N.Y.1 11968 .' SUSIN ESS TELEPHONE (51~ 248-2429 STATE N.Y. ZIP CODE 11530 SEE ATTACHED LETTER Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting'of overall project, both developed and undeveloped areas. 1. Present land use: [~Urban []industrial [] Forest ViAgriculture 2. Total acreage of project area: acres. APPROXIMATE ACREAGE Meadow or Brushfand (Non-agricultural] Forested Agricultural (includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24. 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) beach Roads, buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on proiect site? a. Soil drainage: 70 [-]Commercial VlOthe'r [~,Residential (suburban) PRESENTLY .85 acres acres acres .13 acres 1.19 acres .5 acres .1 acres .6 acres lawns ~Well drained % of site ! ~Moderately well .drainedi ~Poorly d~ained 10 % o.f sit6 i [] Rural (nonLf~rm) AFTER COMPLETION .85 acres acres acres .1 3 acres 1.19 acres .75 acres '., 1 acres .6 acres 2 0 % of site b. If any agricultural land is involved, how many acres of Soil are classified within soil grbup 1 through 4 of the NYS Land Classification System? ~/~ acres, (See 1 NYCRR 370). 4, Are there bedrock outcroppings on project site? [=]Yes a. 'What is depth to bedFock? (in f,eet) 5. Approximate percentage of proposeg'iSroject site with.slopes: l~0d0% ~ % F-I10-715% % []15% 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 Piaces? L--lYes [~No . 7. Is project substantially contiguous to a site listed on the Register gf National Natural Landmark~? 8. What is the depth of the water table? 5 (in feet) 9. ls site located over a primary, principal, or sole source aquifer?! [~¥es ~lNo 10. Do hunting, fishing or shell fishing opportunities presently exis{ in the project area? X]Y~s 11 12 ~UYes I~No. IZINo Does project site contain any species of plant or animal [if!e that is identified as threatened or endangered? I~Yes .'~No According to Roy L. Ha]e Identify each species Are there any un.icue or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) []Yes [2No Describe 13, Is the project site presently used by the community or neighborhood as an open space or recreation area? 5QYes []No If yes, explain }{all '.~ cro~k is a recreational harbor 14. Does the Dresent site include scenic views known to be important to the community? P~Yes ~No 15. Streams within or contiguous to proiect area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas with n or contiguous to project ar.bm 'a. Name I-ta!l's Creek :: b. Size lin acres) 17. Is the site served by existing public utilities? []Yes a) If Yes, does sufficient capacity exist to al.low connection? i l-lYes EENo b) tf Yes, wi. Il' improvements be necessary to allow connection! ~3Yes UNo 18. is the site located in an agricultural district certified pursua~nt to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ti-lYes [~No t9. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 E~Yes [-iNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? ti-lYes i~No B. Project Description 1. Physical dimensionk and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project~sigorrsor '1.45 b. Projec{ acreage to be developed: .2 acres initia;lly; 'P c. Project acreage to remain undevelciped ] . :2 5 acres. d. Length of'Project, in miles: !040+' (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A %; f. Number of off-street parking spaces ~xisting 5 ;. proposed 'l~n g. Maximum vehicular trips generated per hour rio change(upon complet on of project)! h. If residential: Number and type. of housing units: One Family Two Family M.ultiple Family Initially N/A U ltimately i Dimensions (in feet) of largest proposed structure ~. height; width; i- Linear feet of frontage along a pulslic thoroughfare proiec~ will occupy is? n/a acres. acres ultimately. Ien. gth. ft. COndominium 25. Approvals Required: City, Town, Village Board OYes -tNo City, Town. Village Planning Board ~JYes [No City, Town Zoning Board []Yes .I-1No City, County Health Department OYes -INo Other Local Agencies [~J~f'e$ [~No Other Regiona] Agencies []Yes [-1No State Agencies [~Yes Federal Agencies E]L'YeLs E~No C. Zoning and Planning Information 1 Type Southold Trustees Section 10, 404 Submittal Date 2/25/91 2/25/91 2/25/91 Does proposed 'action involve a planning or zoning decisiop~--. ~ OYes []Yo If Yes. indicate decision reomred: []zoning amendment Fqzoning ,)ar,ance [2]special use permit I~subdivision E3site plan E~new;revision of master plan []resource management plan Qother What ~s the zoning classification(s)of the site? R-40 What is the maximum potential development Of the site if devbIoped 'as.permitted by the present zoning? ¢1) on~-fami]y dwelling 4. What ~s the proposed zoning of the site? N/A 5 What is the maxtmum 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 IocaI land use plans? l~lYes 7 What are the predominant land use[s) and zoning classifications within a '~ mile radius of proposed action? One-family dwelling R-40 8 Is the proposed action compatible with adjoining]surrounding and uses within a '/, mile./ ~Yes 9 If the proposed action is the subdivision of land. how many lots are proposed? N/A a. What is the m]mmum lot 'size proposed? 10. Will proposed action require any 'authorizationCs) for the formation of sewer or water districts? [l-lYes 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fica protection)? ~Yes a. If yes is existing capacity sufficient to handle projected demand? F-lYes 12. Will the proposed action result in the generation ot traffic significantly above present levels? ~]Yes I~tNo a. If yes. is the existing road network adequate, to handle the additiona] traffic? ~]Yes [~No D. Informational Details Attach any additional information as ma~ be needed to clarify your proiect. [f there are or may be any adverse impacts associated with your proposal, p~ease discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the ir~rmation provided above is true to the best of my know[edge, Haje, Eh-Consultants · Inc. 11/15/9] ApplicantjSponsor N~ i~:)? /~. Date Signature ~¢~_~ :~j( ~,r~ Title President ' " Roy ~,'. Haje If the action is in the Coastal Area, an~ you are a state agency, complete the Coastal Assessment Form before proceeding~ with this assessment. 2. How much natural materia Ii.e_ rock; earth, etc.) will' be removed from the site? 5000 3. Will disturbed areas be reclaimed? []Yes E3No E~N/A a [f yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? I-lYes [~No c. Will upper subsoil be stockpiled for reclamation? FIYes []N~ 4. How many acres of vegetation (trees, shrubs, ground covers] i~ill be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? E~Yes ~No 6. [f single phase project: Anticipated period of'construction k 7. f multi-phased: N/A a. Total number of phases anticipated (.number). b. Anticipated date of commencement phase I month c Approximate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases.~ E3Yes 8. Will blasting occur during construction? E~Yes ~No 9 Number of iobs. generated: during construction q 10. Number ot jobs eliminated by this project 0 11 WilJ project require relocation.of any projects or facilities? months, (including demolition). tonstcubic yardi year, (including demolition), year. ; after project is complete :fl [~Yes [~zNo If yes, explain F-INo 12 is surface liquid waste disposal involved? []Yes [~No a. ]f yes. indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13, ls subsurface liquid waste disposal involved? []Yes J;~No Type 14 Will surface area of ar existing wamr body increase or decrease by proposal? ~Yes FSNo Explain Shoaled areas will become water areas at MT,W. 15 Is project or any portion of project located in a 100 year flood p]ain? [~Yes [~No 16. Will the project generate solid waste? [~Yes 13~No a. If yes what ~s the amount per month tons b. [f yes. will an existing solid waste facility be used? []Yes [~No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? [~Yes e. If Yes. explain 17. Will the project involve the disposal of solid waste? l-lYes [~No a [f yes. what is the anticipated rate of disposal? Tons/month. b. If yes, what is the. anticipated site life? years 18. Will project use herbicides or pesticides? l-lYes ~No 19. Will project routinely produce odors [more than one hour per day.)? ~Yes I~No 20. Wil project produce operating noise exceeding the local ambient noise levels? ;}[3Yes 21. Wil project result ]n an increase in energy use? !~Yes - [~o f yes indicate :ypeCs) 22 If water supply is from weJls, indicate pumping capacity N/A gallons/minute. 23 Tota anticipated water usage per day N/A 24 Does prelect involve Loca .-State or Federal funding? ~Yes {~No If Ye~, explain r-1N'o EN~CONSULTANT$ 1329 NORTH S~A RD. FOUTHA~PTON N,Y, 1195~ 51E,E :~,E'" T ~l~# ,Z ['pI.!. fy'/--. E.N-.~ ~329 NoRT~ s£A RD, ~'. ~-~33 c Ms. Laura Scovazzo - 2 - November 15, 1991 the applicant, but also the disruption associated with dredging. The Width of the outer channel has also been decreased as a cost-saving measure. As the work will be done by a hyraulic dredge, the efflu- ent from the pipe will consist of 90±% water and 10% sand. Realistically, there is no way to contain this material entirely above the line of mean high water, nor should this be necessary for environmental reasons. If the outer spit were to be diked up and used to'retain the spoil, a well-established area of beach grass that serves to stabilize this land would be destroyed. In addition, the effluent water will have to be discharged into the bay. We feel that the area is suitable for beach nourishment and that is what has been proposed herein. You will note that the spoil wall be discharged from the pipe above the line of mean high water, but beyond the edge of the bank so as to avoid its erosion. This material will fan out into a gradual slope both above and below the lines of mean high and mean low water. We expect that the groins that are present will suitably retain this material from immediately re- entering the littoral drift. Since the Suffolk County Department of Public Works has had its budget slashed dramatically, it is unlikely that the County will be undertaking this and other dredging projects. If the channels are to remain open and flushing of these waterways continue, it is likely to be up to the property owners to shoulder the maintenance burden. Mr. McGoldrick has accepted this burden, which will enhance not only his property, but those others who wish to navigate the creek. in addition to the dredging project, maintenance work is necessary to 'the various bulkheads and groins on the property. In order to concisely describe the over-all project, I have prepared a revised project description as follows. "Maintenace dredge channel within Hall's Creek and approach channel from Great Peconic Bay. A total of 1,040±' of channel will be dredged. The width of the channel will vary. The outer channel will be 50' wide (plus side slopes) and dug to depth of 5" below mean low water, plus 1' Ms. Laura Scovazzo - 3 - November 15f 1991 overcut. The inner channel will vary from a minimum of 20' to a maximum of 30' (both plus side slopes)and dug to a depth of 2' +1' overcut. Approximately 5,000 c.y. will be hydraulically removed and placed on owner's beach west of the creek both above and below the lines of mean high and mean low water for use as beach nourishment. Project was previously done by Suffolk County Department of Public Works. Multi- year maintenance permit is requested. Existing bulkhead section nearest residence (14' return, 75') will be replaced within 18". The indented boat slip consisting of 15' 24' 31' 24' 10' will be removed and replaced in kind. The remaining two sections, 20' and 10' return will be replaced within 18". .. At the inlet to the creek, the 80' groin on the west side of the inlet, will be re-piled and repaired in place and in kind. The 160' section of bulkhead immediately to the north of the groin will be re- moved and replaced in kind and in.place. The final northerly section of bulkhead will be left in place and a new 40' section, plus 10' return will be constructed landward of the marsh that has grown behind the existing bulkhead." Ail modifications appear on the revised work plans. A considerable amount of thought and expense has gone into this project, which we are confident is environ- mentally sound. Finally, a completed long EAF is attached. We believe the Southold Board of Trustees has declared itself lead agency, which I trust you will discover in your coor- dination on this project. Copies of this letter, work plan, survey, etc.., are being sent to other involved regulatory agencies for their con- current review. Ms. Laura Scovazzo - 4 - November 15, 1991 Should you have any questions or need additional infor- mation, please do not hesitate to call. Very truly yours, RLH:KD Enclosures CC' COE - ~91-0186-L1 DOS - ~F-91-125 Town of Southold Neil McGoldrick James H. Rambo, Inc. Roy L. Haje President ,. . 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. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approva] and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2. and 3. It is expected that completion of the f,dl EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work. is unavailable, so indicate and specify each instance. NAME OF ACTION LOCATION OF ACT]ON',([nclude Street Address, Municipality And County) Private road off New Suffolk Avenue, NAME OF APPLICANT/SPONSOR En-Consultants, Inc. ADDRESS 1329 North Sea Road c~¥/PO Southampton NAME OF OWNER (If different) Nell McGoldrick ADDRESS 86 Second Street CITYtPO Garden City DESCRIPTION OF ACTION Mattituck BUSlN ESS TELEPHQN E (516) 283-6360 STATE i ZIP CODE N.Y.[ 11968 BUSINESSTELEPHONE (516) 248-2429 STATE ZIP CODE N.Y. 11530 SEE ATTACHED LETTER Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present [and use: r-lUrban r-[Industrial r-[Commercial E~,Residential Csuburban) I~Rura] (non-farm) [] Forest [qAgriculture. []Other 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) .85 acres .85 acres Fo rested ac res ac res Agricultural (includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) .13 acres .13 acres Water Surface Area !. 19 acres 1.19 acres Unvegetated (Rock, earth or fill) beach .5 acres .75 acres Roads, buildings and other paved surfaces .1 acres ..1 acres Other (Indicate type) T.,~-nc].~cap~d and ] awns .6 acres .6 acres 3. What is predominant soil type(s) on project site? ,qanr] a. Soil drainage: ()Well drained 70 % of site []Moderately well drained 20 % of site []Poorly drained 10 % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS Land Classification System? N/A acres. (See I NYCRR 370). 4. Are there bedrock outcroppings on project site? []Yes 23~qo a. What,is depth to bedrock? (in feet) 5. Approximateoercentage of proposed project site with slopes: ~0~I0% '100 % I-1!0-15% [15% or greater 6. ls project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Ptaces? []Yes []No 7. ls project substantially contiguous to a site Iisted on the Register of National Natural Landmarks? ~]Yes [~No 8. What is the depth of the water table? ~ {in feet) 9. Is site located over a primary, principal, or sole source aquifer? E~es 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ,'~[3Yes []No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? i-lYes j~No According to Roy t.. I-Iaje identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) [~Yes Z3;No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ~]Yes ,~No If yes, explain ~all'.~ er~k is a recreational harbor 14. Does the present site include scenic views known to be important.to the community? I~Yes []No 15. Streams within or contiguous to proiect 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: a. Name Hall's Creek b, Size (in acres) '~ tiff+ 17. Is the site served by existing public utilities? r-]Yes a) If Yes, does sufficient capacity exist to allow connection? ~lYes [~No b) If Yes, will improvements be necessary to allow connection? [l-lYes I-~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 19. is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 E~ffes [~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? r-lYes B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 1 b. Project acreage to be developed: .2 acres initially; acres. acres ultimately. c. Project acreage to remain undeveloped I . 25 acres. d. Length of project, in miles: ].040+' (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A %; f. Number of off-street parking spaces'existing 5 ; proposed N~ ~h~ge g. Maximum vehicular trips generated per hour Ilo chancje(upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially N/A Ultimately i, Dimensions [in feet) of largest proposed structure n/~ height; _ width; j, Linear feet of frontage along a public thoroughfare project will occupy is? n/a length. ft. 3 2; H, ow much natural material {i.e., rock; earth, etc.) will be removed from the site? 5000 3. Will disturbed areas be reclaimed?' l-lYes []No ~N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? i-lYes VINo c. Will upper subsoil be stockpiled for reclamation? []Yes []No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest [over 100 years old) or other locally-important vegetation be removed by this project? I-lYes [~No 6. If single phase project: Anticipc3ted period of construction k months, (including demolition). 7. if multi-phased: N/A a. Tota[ number of phases anticipated (number). b. Anticipated date of commencement phase l month c. Approximate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases? []Yes ~No 8. Will blasting occur during construction? I~Yes ~No 9. Number of jobs generated: during construction '~ ; after project is complete t0. Number of jobs eliminated by this project 0 11. Wilt project require relocation of any projects or facilities? F-lYes E~qo tons/cubic yards 12. Is surface liquid waste disposal involved? []Yes [~No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent wilt be discharged 13. Is subsurface liquid waste disposal involved? F-lYes ~No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain Shoaled areas will become water areas at 15. ls project or any portion of proiect located in a 100 year flood plain? [2~Yes 16. Will the project generate so[id waste? ii-lYes F~No a. If yes, what is the amount per month tons b, [f yes, will an existing solid waste facility be used? E3Yes i-INo c. ]f yes, give name. ; location d. year, (including demolition) year. If yes, explain Will any wastes not go into a sewage disposal system or into a sanitary landfill? If Yes, explain E~Yes .~lNo MT,W. I~No E2No []Yes 17. Will the project involve the disposal of solid waste? ii-lYes a. If yes, what is the anticipated rate of disposal? b. ]f yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? [-]Yes []No [~No tons/month. 19. Will project routinely Produce odors (more than one hour per day)? []Yes E3No 20. Will project produce operating noise' exceeding the local ambient noise levels? ,~Yes 21. Will project result in an increase in energy use? f-lYes [~o if yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity N/A galI'ons/minute. 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local, State or Federal funding? [Yes [~No If Yes, explain E3No 25. Approvals ~Required: Submittal Type Date City, Town, Village Board []Yes /No City, Town, Village Planning Board []~es E~No City, Town Zoning Board E~Yes []No City, County Health Department i-lYes E3No Other Local Agencies ~Yes []No Other Regional Agencies I-lYes /No State Agencies EX'Yes []No Federal Agencies E]~Yes []No C. Zoning and Planning Information Southold Trustees 2/25/91 DRC mW 2/25/91 COR Section 10, 404 2/25/91 1. Does proposed action involve a planning or zoning decision? ~]Yes ~]No If Yes, indicate decision required: I-[zoning amendment E~zoning variance []special use permit I~subdivision [-[site plan [-[new/revision of master plan []resource management plan [~other 2. What is the zoning classification(s)of the site? P,-40 3. What is the maximum potential development of the site if developed as permitted by the present zoning? (1) one-family dwolling 4. What is the proposed zoning of the site? N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? []Yes 7 What are the predominant [and use(s) and zoning classifications within a ~¼ mile radius of proposed action? 10 11 One-family dwelling R-40 Is the proposed action compatible with adjoining/surrounding land uses within a ~A ]f the proposed action is the subdivision of ]and, how many lots are proposed? a. What is the minimum tot size proposed? 12 mile? J~Yes N/A E2No ~..' No Will proposed action require any authorization(s) for the formation of sewer or water districts? [Yes EXNo WilI the proposed action create a demand for any community provided services (recreation, education, police, fir. e protectie,~)? E~Yes E2~No a. If yes, is existing capacity sufficient to handle projected demand? []Yes E2No Wi[[ the proposed action result in the generation of traffic significantly above present levels? I-lYes -~No a. If yes, is the existing road network adequate to handle the additional traffic? F-lYes [~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 ] certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Roy L. Hale, gn-Consultants, Inc. Date 11/15/91 Signature Title President Roy L. Hale If the action is in the .Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. F~-. ~.'T .J ?iL/'"1~ s 5,'=,c'r. ~l~ # I .3 NOR7 c~ F~ ~ '0 ~o I =,2 X/o Y/,-.f ?.¢~ ,, ,/'-,, /'~/z. GAll S. SHAffER SECRETARY OF STATE STATE Of NEW YORK DEPARTMENT Of STATE 'ALBANY. N.Y. 12231-000I July 24, 1991 Mr. Roy L. Haje Eh-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 F-91-125 U.S. Army Corps of Engineers/New York District Permit Application Nell McGoldrick Town of Southold 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 certifLcation. 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. In order to minimize adverse water quality impacts, it is recommended tkat no dredging be done between June I and September 30 of any calendar year. The U.S. Army Corps of Engineers is being notified of this decision by copy of this let=er. Sincerely, George R. Stafford Director Division of Coastal Resources & Waterfront Revitalization GRS:MP:jtb cc: COE/NY District - Larry Klein EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL .... _~.S...~.~V!CES TOWN OF..SO 516-283-6360 FAX NO. 516-283-6136 May 13, 1991 Mr. John Bredemeyer Town of Southold 53095 Main Road Southold, New York 11971 Re: Neil McGoldrick, Private Road off New Suffolk Ave., Mattituck, SCTM No. 1000-116-16.4 Dear Mr. Bredemeyer: As you requested, I enclose the permits issued to the Suffolk County Department of Public Works for dredging of Halls Creek. A discussion with the County's Engineer, John Guildi, reveals that the creek was dredged in 1979, 1980 and 1983. Spoil was placed both to the east and west of the. creek mouth. Much of the work which we propose to do in this project was done by the County. In fact, our work plan is based upon the County's plan. As I advised you by telephone, we will be amending our application to include reconstruction of various bulkheads. Please delay further processing until that revised plan is received. Pre~sident RLH/kld cc: Neil McGoldrick James H. Rambo, Inc. D£PAF~TM£NT OF' THe NEW YC~FIK DISI'RiCT. GORI)S OF E:N61NIE£R$ NANOP-E Application dated: 14 July t976 Location: In Halls Creek, Great Peconic Bay ac Town of Sou~old, Suffolk Permit dated: 25 April 1977 Mr. Carl Eisenschmied Principal Civil Engineer Division of Waterways Suffolk County Department of Public Works Yaphamk, New York 11980 Dear Mr. Eisenschmied: Refere~ce is i~vited to condition (n) of the Permit. Notice of the dates of commencement and completion of the work should be sent to the District Engineer, U.S. Army Engineer District, New York~ ATTN: NANOP, 26 Federal Plaza, New York, N.Y. 10007. Please display the inclosed Notice of Authorizatiem in a place at the site of the work. tf any material changes in the locatiom or plans of the work are found necessary on account of unforeseen or altered conditions, or other causes, revised plans should be submitted promptly to the District Engineer to the end that ~hese revised plans, if found unobjectionable from the standpoint of the public interest, may receive the approval required by law before operations thereunder are begun. Si e y your 2. Notice of Authorization 113 Sept 76 b. That afl activities authorized herein shaU, if they involve e discharge or deposit into navigable waters or ocean waters, be at all times consistent with applicable water quality s~anidards, effluent limitations and Standards ~f performance, prohibitions, and pretre~trnent standards established pursuant to Sections 301, 302, 306 and 307 of the Federal Water Pollution Control Act of 1972 (P.L 92-500; 86 Stat. ~316}, or pursuant to applicable State and local [aw. c. That when the activity authorized herein involves a discharge or deposit of dredged or fill rnateriai into n~igabte waters, the authorized activity shall, if applicable water c~ua[ity standards are revised or modified during the term of this permit, be modified, if naces~ary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water qua]i~y standards, or as directed by an implementation plan contained in such revised or modified standards, or within such longer period of time es the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may daterrnine to be reasonable under the circumstances. d. That the permit"tee agrees to make every reasonable effort to prosecute the work authorized herein in a manner so as to minimize any adverse irnpact of the work on fish, wildlife and ri;rural environmental values. e. T.h?t the pen~ittae agree~ to pro,cute the work authorized bare_in in a manner so as to minimize any degradation ..of. water~.cluality. f. That the permit"tee shall I~mit the District Engineer or his authorized representative(s} or designee{s} to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. g. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings atta.~ehed hereto. h. That this permit does not convey ;ny prol~erty rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to pro~erty c~r invasion of rights or any infringement of Federal, State, or Iocat laws or regulations, nor does it obviate the requirement to obtain State or local assent required by taw for the activity authorized herein. i. That .this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work author[zed herein which may be caused by or result from existing or future ~erations unclertak~n by the United States in the public interest. j. That this permit may be summarily suspended, in whole or in f:~rt, upOn a finding by the Olst~ict Engineer that immediate suspension of the activity authorized ha~ein woutd be in the general public interest. Such suspension shall be effective upon receipt by the perrnittec of a writtan notice thereof which shale indicate (1) the extent of the suspension, {2) the raesons for this action, and (3) any corrective or preventative measures to be taken by the permit-tea which are deemed necessary by the District Engineer to abate imminent hazards to the general public interest. The permittae sh~l! take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittae may request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated, modified or revoked, if a hearing is requested, it shal~ be conducted pursuant to I~rocedures prescribed by the Chief of Engineers. After coml~letion of the hearing, or within a reasonable time ~ter issuance of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. k. That this permit t~qay be either modified, sospended or revoked in wholeor in pa~t if the Secretary of the Army or his authorized representative determines -that tt~ere ~hes been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shatt become effective 30 days after receipt by the perrnittea of written notice of such action which shall specify the facts or conduct warranting same unles~ (1} within the 30-day period the permJttee is able to satisfactorily clemonsttate that (a} the alleged viotatlon of the terms and the cooditions of this permit did not, in fact, occur or (b) the alleged violation wes accidental, and the permittee has been operating in compliance with the terms an~ conditions of the permit ancl is able to provide safi~a~:tory aesuranc~s that future operations shall be in full compliance with the terms and conditions of this permit; or {2) within the ~foreaaic~ 30-day period, the permittee requests that a public hearing be held to present oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procectures for making a final decision either to n~odify, suspend or revoke this permit in whole or in par~ shall be pursuant to procedures prescribed by the Chief of Engineert~ 1. That in issuing this pen~it0 the Government has relied on the information and data which the permittee has provided in connection with his permit application, if, aubsocluent to the issuance o~ this permit, such information and data 10rove to be raise, incomDtete or irmc~urata, this permit may be modifiad, suspended or revoked, in whole'or in part, and/or the Government may, in addition° institute a~propriate legal proceedings. m, That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United .~AiNTENANCE DREDGrNG: (1) That when ~e work atffhorizeil, herein ir~tude~ periodic rnalnter~nce dredging~ it may be performed under this permit [or ., years from the dam of issuance of this permit (ten years unlels other~Hse in,cared); and (2) That: the permitte~ will ack, isa the District Engineer in w~iting at teast two weeks before he intends to undertake any maintenance dredging. I[. Soecial Conditions (Hera list conditions relating sl)ecifically to the p~oposed structure or work authorized by this permit): This permit shall become effect~he date of the District Engineer's sigr~ature. Permitt.~r~y~p~~ to comply with the terms and conditions of this permit. Tren~eme her~ ~ to ~mpiy wi~ the ~r~ and ~n~:':~o~s of th~ p~it. TRANSFEREE OATE 4 n. Thst *.he. perrni~tee shall notify the ~tri~ Engineer et what time the activity authorized herein will be cc~rnenced, as far in advam:e of the time of commencemem es the District Engineer may specify, and of any su~ension of work, if for a bailed of more than one week. tasu~tion of wort( and its completion. O. That if the activity authorized heeei, is not s~arteer on or before 25 day of April ,19~.Z.~, {one of.~]~lJ. ,19 ~_~, (three years from the date of issuance of this permit ~niess =the~wis~ specified) this permH, if not previously revoked or specifically extended, shall automatically expire. p. That no attenlpt shall be made by the permitt~ t~ prevent the full and free use by the public of ell navigable waters at or adjacent to the activity am~orized by this t~m-at. q. That if the display of tights and signals o~ any structure ~x' work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by tim L)nited States Coast Guard shall be installed and maintained by end at the exl)ense of the r. That this Dermit does hot a~:thorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. s. That if end when the permittee deskes to abandon the activity authorized herein, unless such'abandonment is part of a transfer orocedure by which the permittae is tier=farting his interests herein to a third party pursuant to General Condition v hereof, he must restore the area to a condition satJsfactor~r tO the District Engineer. t. That if the recording of this permit is possible under applicable b-~ate or local law, the permittee shall take such action as may be necessary to record this permit with t~e Register of Deeds or other appropriate official charged with the responsibility for maintaining =ds of title to end interests in real prol~r[y. u.' Thai'there shell be no unrees°~nable i~terferencc w~h navigation by the existence or use of the activity authorized herein. v. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the trartsferee's written agreement to compty with ali terms and condition of this permit or by the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit, Itt eckiition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded aiong with the deed with the Re~i~er of Deeds or other ap~rapriata official. The following Special Conditions will be applicable when appropriate: STRUCTURES FOR SMALL t~OATS: That permittee hereby recognizes the possibility that the stzucture permit'tad herein may be ~ubject to damage by wave wash from passing -~ssels. The issuance of this permit does not relieve the permittee from taking all prope~ steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash end the permittee shall not hold the United States liable for any such damage. DISCHARGE OF DREDGED MATERIAL INTO OCEAN WATERS: That the permittea shell place a copy of this permit in a COtlqa4cuous piece in the vessa4 to be u~ed for the trerm~ortetion end/or dumping of the dredged rn~teriai as authorized herein. ERECTION OF STRUC'FURE IN OR OVER NAVIGABLE WATERS: That the permitta~, upor~.receil:rt of a notice of revocation of this Dermit or upon its ~pimtion ~f~ ~f~ion of the euthmiz~ ~u~ure or w~k, naif, wight ~ a~ in ~ ti~ a~ ~n~ m ~e ~emW of ~e A~ or his au~ori~ ~r~t~ m~ di~, r~e ~e ~y to f~r m~it~t If ~e ~i~ fails ~ ~ly ~ t~ dir~n ~ t~ Sm~aw of ~e ~ or his aut~riz~ r~n~, ~W ~ his ~i~ m~ ~ ~e ~ to ks fm~r co~ifion, by ~tr~ ~ ~he~im, and r~ t~ .3 L_J 24, (Freshwater Wetla.~s} 25, [ii,al ,~.,~ Yor~ State in Flood Hazard Areas] DEPARTMENT OF THE ARMy CORPS OF ENGINEERS NOTICE OF AUTHORIZATION ~ 3 b~I~ ~h~ plan o~ ML~. 5~ r~moved o~ ~ ~.~.~ . ~Pprox. 20,000 ~..~. _el ~o a m~. d~ AT Mattituck, T~ of SoUthold, ~ffolk C~nty, N~ York ~re of this ADDRESS OF PERMITTEE PERMIT NUMBER Public Yaphenk, Ny 11980 10,121 25 April T9 77 Colo~el~_~._ s of Engineers TO~ #OfiC£ MOST gE CONSPICUOUSLy DISPUTED Af ThE SITE OF WORK. ]!5'27520097 ~-sP-WQ u.oE. ENVtRO.ME.TAL CO .V^T,O. A~ICL[ 15, (P~tectiofl of water) ~ A~iCLE ~, {Tidat Wetlands) ARTICLE 24, (Freshwater Wetla~s) ~ ARTIC~ 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO Yaphank Ave~ue~ YaphanR, ~ 11980 LOCATION OF PRO~ECT (Section of stream, tidal ~tland, dam, building) ~alls C:e'e~ - Great Peconic gay DESCRIPTION OF FROJECT ~aLnCeeance d:edge app:oxtmatel~ .1500 ~eeC o~ e~tsctng channel tn mouch O~ Malls Creek and imto Great ?econic Bay in accordance with plans on file with this Department. COMMUNITY NAME (City, Town, Village) Southold COUNTY Suffolk t TOWN Southold FIA CO~4MUNITY NO. DAM GENERAL CONDITIONS 1, The permiltee shall file in the office of the appropriate Regi0na[ Permtl Adminislralor, a notice of intention tO commence work at least 48 hours in advance of the-time of commencement and shall also .notify him promptly in writing of the complelion of the work. 2. The permitted work shall be subiect to inspection by an authorized representative of lhe De~;raftment of Environmental Conservation who may order the work suspended if ~he public inlerest so requires. 3. As a condition et ~he ~ssuance of this permil, the applicant has ac~ copied expressly, by the execulion of the application, the full legal res~on- sibi[ily for all damages, direct or indRect, of whatever nalute, and by whom- ever suffered, arising out of the protect described here~n and has agreed indemni'ty and save harmless the State from suits, actions, dodges and costs of every name'and descriptioq resulting from the said project. 4. Any material dredged in ~he proseculion of the w~rk herein permitted shall be removed evenly, wilhout leaving large refuse piles, ridges across the bed of the watorwa~ or flo~. plain or deep hotes that may have a tendency cause injury in navigable channels or to the banks of lhe waterway. 5. Any material lo be deposited or dump~ under this permil, either the waterway or ~. shore above bigh-waler mark, shall be deposited or dumped af the locality shown on the drawing hereIo atlach~, and, if so ~escribed thereon, within or behind a good and substanlial butkhead or buikheads, ~uch as will prevenl escape of the maleriat into Ihe waterway. 6. There shall be no unreasonable interference wi~h navigation by work herein authorized. 7. That if future operations by the State et New York require an alteration in ~he posilion of lhe siructure or work herein aulgorized, or if, in lhe opinion o~ the Department of Environmental Consolation it shall cause unreasonahie obslruction to the free navigation of said walers or Ilo~ flows Ot endanger the heallh, safety or welfhre of the ~ople of the Slate', or toss or destruction et lhe natural resources of ihe State, the owner may ~ ordered by ~ Deoart- men to remove or allot the s[r~clutal w~k, obstruct'ions, or hazards caused thereby wi[hour expense to the State; and if, upon the expiration or revocation of this permit, the struclure, fill, excavation, or other m~ification of the watercourse hereby authorized shall not be completed, .the owners shall, w~thoul expense to lhe S[a~e, and to such extent and in such time arid manner as the Department of Environmental- Con~ervalion may require, re,ye ali or any portion of lhe uncompleted struc[ure or fill and restore to ils former ' condHion the navigable and flood capacity of the watercourse. No claim shall be made against t~e State of New .York on account of any such re~val alteration. JPERMIT EXPIRATION DATI: December 31, t~ 8. That the Sta~e of New York shall in no case be liable for any damn or injury to the structure or work herein authorized which may ~ caused by result from future operations undertaken by the State fbr the conserv~io~ improvemem of navigation, or for other put,sos, and no claim or right com~nsatian shall accrue from any such damage. 9. Thai if the disolay of lights and signals on'any work hereby authomz is not ot~e~ise provided for by law, suc~ lights and signals as may be pr scribed by the United States Coast Guard shah be installed and maintain by and at the expense of the owner. 10. All work. carried oui under this permit shall be performed in acco dance with established engineering practice and in a workmanlike manner. 11. [f granted under Articles 24 or 25, the Department reserves the rig to 'reconsider this approval at any t'ime and after ~ue notice and hearing con[inue, rescind or modify this permit in such a manner as may ~ found be ~u51 and equitable. If ~pon the expiration or revocation of this permit, t'~ m~ification of ~he wetlan~ hereby aut~orized has not been completed, applicant shall, without expense to the State, and to such extent and ia sur time and manner, as the Department of Environmental Conse~ation may requir remove all or any portion of the uncompleted structure or fill ann restore site to its former condition. No Ciaim shall be made against the State of ~e York on account of any such remoyat or alteration. 12. This permit shall not be construed as conveying to the applicant ar right to Itespass upon'the lands or inlerfem with the riparian rig~t~ of othe to perform the permitt~ work or as authorizing t~e impairment of any right~ title or interest in real or ~rsonal property held or vested in a person not party to lhe permit. 13. The permittee is responsible for obtaining any other permits, provais, lands, easements and rights,f-way which 'may be required for project. 14. If granted under ANicle 36, this permit is grant~ solely on the of the requirements of A~icle 36 of the Envitonmenta[ Conservation ~w ar Part 500 of ~ NYCRR (Construction in Flood Plain Areas having S~cia~ Floc Hazards - Building Permits) and in no way signifies that the project will b free from tlo~ing. 1~. By acceptance of thi.s pe~it the permittee agrees t~t th~ perm iS contingent upon strict compliance with the special conditions on 95-20-4 (9/75} (SEE RE~/E~,SE SLOE) 18o 19. Spoil may be placed on beach tb east and/or west of mouth. Dredging is to be limited to 2' below. M,L.W. with 1' overcut between Station 50+00 and "E" 46+00 (area within creek) and 5' below MoL.Wo with maximum overcut of l'.in channel in Great Peconic Bay. Applicant shall be liable for any damage to adjacent waterway resulting from any. phase of the permitted construction. 'If ?oOcibla ~.~k =l~all Bc &~az-d~ ~f=rl-1 'er win~Cr mot~ths; SPECIAL NOTE: Based upon a review of this project and a request for wa~ar quality certification pursuant to Section 401 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500 (the "Act") public notice for which has been duly given, the Department of Environmental Conservation hereby certifies that the applicant will comply with applicable provisions of Sections 301, 302, 306 and 307 of the Act, provided that: · (1) There are no future changes in any. of the following that would ~esut~ in non-compliance with Sections 301, 302, 306 and 307 of the Act: (a) The project as modified herein. (b) The water, quaiity criteria applicable to such waters, or (c) Applicable effluent limitations or other requirements; and (2) The applicable provisions of State law and regulation are complied with. October 21, 1976 cc: D. Larkin, Corps of Engrso, file AeDDRES$ pt. of Environmental Conservation 5.0 Wolf Road, Albany, NY 12233 '~<iew York Slate Depar~.,.,:ent of Environmental Co~)ser,~alich, 5,0 WoLf Road, Albany, New York 12233 ?eter A. A. get Commission December 5, 1977 Suffolk Co. Dept. of Public Works c/o Carl Eisenschmied Yaphank Avenue Yaphank, NY 11980 Tidal Wetlands Permit ~15275-0097 SP-WQ Extension of Permit Gentlemen: in accordance with your letter ~f November 14, 1977 , the expiration date of the above permit 'is hereby extended to December 31, 1978. This letter is an ~mendment to the original pe~]'~it, and as such, should be attached thereto. Ail other conditions shall remain as originally written in the permit If the structure or work authcrized is not completed on or before the new expiration date, this permit, if not specifically extended, shall cease and be null and void. in addition, if work has not commenced prior to Decamber 14, 1977, reapplication may ~ required under 6NYCR~, Part 66t.7(b). Very truly yours, Loui~ ~'4. Contra, Jr. Chief ~er~ig Administrator L24C: scs cc: D. Larkin NANOP-E Application Exhibit 75-421 Suffolk County Department of Public Works Yaphank, NY 11980 Department of the Army permit is hereby authoi-ized by the Secretary of the Army to maintenace dredge within an existing channel to a max depth o~ 3ft. below the plan of MLW between stations 'E'46+00 and 50+00 and to a maximum depth of 5ft. between stations 50+00 and ~00. Approx. 20,000cu. yds. of dredged material will be removed on an initial basis and then as required for the life of this permit in order to maintain the authorized depth, ihe dredge~ material wilt~ be placed on the beach area east & west of the entrance to Halls Creek as beach nourishment. The purpose of the work is to maintain the ares~safe navigation. EN-CON SULTANTS, INC. ENVIRONMENTAL SERVICES 1'OWN OF' SOUTf..foLD 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW yORK 11968 516-283-6360 FAX NO. 5!6-283-6136 May 10, 1991 Mr. John Bredemeyer Town of Southold 53095 Main Road Southold, New York 11971 RE: Neil, McGoldrick, Private Road off New Suffolk AYenue, Mattituck, SCTM No. 1000- 116-4-16.4 Dear Mr. Bredemeyer: In respect to the above-referenced project, enclosed please find copies of permits issued to the Suffolk County Department of Public Works for dredging of Deep Hole Creek and Halls Creek. Should you require any additional information, please let me know. RLH:KD Enclosures 'DEPARTMENT. OF THE ARMY ' NEW YORK DISTII~ICT, CORINJ OF E:NGIN'IrER$ NI~V YORK. N. Yo 1OOO'7 NANOP-E Application dated: 14 July 19Y6 Location: In galls Creek, Great Peco~ic Bay at Towm of Southold, Suffolk County, NY. Permit dated: 2S Ap=il 1977 Mr. Carl Eisauschmied Principal Civil Engimeer Division of Waterways Suffolk County Department of Public Works Yaphank, New York 11980 25 April 1977 Dear Mr. Eisenschmied: Reference is invited to condition (n) of the Permit. Notice of the dates of commencement and completion of the work should be sent to the District Engineer, U.S. Army Engineer District, New York, ATTN: NANOP, 26 Federal Plaza, New YOrk, N'.Y. 10007. Please display the inclosed Notice of Authorization in a place at the site of the work. If any material changes in the location or plans of the work are found necessary on account of unforeseen or altered conditions, or other causes, revised plans should be submitted promptly to the District Engineer to the end that these revised plans, if'found unobjectionable from the standpoint of the public interest, may receive the app~ovaI required by law before operations thereunder are begun. 2 Incls: I. Permit w/dwg 2. Notice of Authorization Divis ion Sept 76 ./:ication No. Name of,Applicant Suffolk County Dept of Effective Date 2.5 April 1977 Expirat[on Date ([fapplicabte) Z5 April 1987 public Works DEPARTMENT OF THE ARMY PERMITNo. 10,121 Referring 'to written m'cluest dated l~ July ].9 76 for a permit to: (,,~) Perfon'n work in or affecting navigable waters of the United States, *,pon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3,, 1899 [33 U.S.C. 403); { 7~.) Discharge dredged or fiii material into navigable waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineersl=umuant to Section 404 of the Federal Water Pollution Control Act (86 Stat. 816, P.L. 92-500); { ) Transport dredged material for the puq~ese of dum~oing it into ocean w~ers upon the issuance of a permit frown the Secretary of the Army acting through the Chief of Engineers pursuarr~ to Section 103 of the Marine Protection, Research and Sanctuaries Act of t972 {86 Sbt. 1052; P,L. 92-532); Suffolk County Department of Public Works -, {Here inse~ the full nar~e and address of the permittee) Yaph~=k, NY 11980 , ~s hereby au~hozized by the Secretary of the ArmF: to "SEE ATTACHED SiiEET" Extlibig "A" (Here destane the 13~oposed st~:uctuze o= activity, and its ~ntended use. In the c~se of an applic~f~o~ for a fill permit, desc~be the structures~ if tony, proposed to be erected on ~he ff~ in the case of an application fo~ the dis,~h~ge of d~edged o~ fill materht[ into ~vi~hle waters or the ~ansportation for discharCe in ocean wate~ of cL~edged ma~, ctese~]3e the t3~pe a~td qua~y of material to be discha~ed.) Halls Creek, Great Peconic Bay ~tMattituck, Town of Southold, Suffolk County, NY (Here to be na~ecl the ocean, fiver, harbor, or watezwa¥ concerned.) ~n acco=d~ce with the plans ~d dmwin~ at~tched hereto which ~ ~orPomted in and ma~e a pa~ O~ .-.his permit (on ~'~-~.$.~: ~Be au','nber oz other' de~.ite iden~,'~fic:at~o- mazks); 1522-15 (Great Peconic Bay, Suffolk County Dept of Public Works, Maintenance Dredging @ Suffolk County, NY) ~ubject to the following conditions: 1. General Conditions: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, Jn whole or in part, as set forth m~e specifically in General Conditions j or k hereto, end in the institution of such legal proceedings as the United States Government may consider approlsriata, whether or not this permit has been previously modified, suspended or revoked in whole or in part. ENG FORM 1721 IEDITION OF JUNE ~68 tS OBSOL. ETE. (ER t145-2-303) t AP~ 74 1 b. That all activities author~ed herein ~11, if the/involv~ a discimrge or deport into navigable watts or ocean wat~s, be et time~ consistent with applicable, water cluatity stendards, effluent limitations and standards ~f performance, prohibitions, and pret.zeatment'standards established pursuant tO SeCZ3ons 30~0 ~, ~a~ 307 of the F~ Wate~ Pollution Control Act of 1972 (P.L. 92-500;, 86 Sta~. 816), or pursuant to applicable State and local law. c. That when the aotivity authorized herein involves a discharge or deposit of dredged or fill material into nevi~bfe waters, the authorized activity s~alt, if applicable water quality ~andards are revised or modified during the term of this permit, be modified, if nece=ary, to .conform with such revir~d or modified water quality stendards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementation plan c~ntained in such revised or modified standards, or within such longer period of time as the District Engineer,' in con~ultetion with the Ragionaf Administrator of the Environmental Protection Agency, may determine to be reasonable urger the circumstance~ d. That the pa~mittee agrees to make every reesonabte effort to prosecute the work authorized herein in a manner so as to minimize any adverse impact of the work on fish, wildlife and natural environmental values. e. That the per~nittee agrees to prosecute the wo~.k authorized here~in in a ma..nne[ so as to m. inimize aH degradation ~ water, quality, f. That the permittee shall perrni~ ~he District Engineer or his authori2ed representative(s) or designee{s} to make periodic inspections .at any time deemed necessary in order to assure that the activity being, performed under authority of this permit is in accordance with the terms and conditions prescribed herein. g. That the permit"tee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings atte.c~........hereto. h. That this permit does not convey =ny property right=, ~ther in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or ragufations, nor does it ' obviatethe requiremep_ t to olamln Sta~e or local assent required by law for the activity authorized herein. i. That this permit does not authorize the interference with any existing or proposed Federal proje~ and that the perm~stee shall be entitled to comPensation for damage or injury to the structures or work authorized herein wl~ch may be caused by or result from existing or future operations undertaken by the United States in the public interest. ~. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorizect herein would be in the general public interest. Such suspension shall be effective upon receipt by the Dermittee of a written notice thereof which shalt indicate (1) the extent of the ~_~_~e,,,nsion, (2} the reasons for this action, and eny' correotive or preventet~e measures to be teken by the permittee which ere deemed necessary by ~he Dis~int Engineer to abate imminent hazards to the generaf public interest. The permit-tee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present information relevant to a decision as to whether his permit should be r~instated, modified or revoked. If a hearing is requested, it shall be conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the h~aring, or within a reasonable time after isstJance of the su,q:mnsion notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. k, That this permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there ~hes' been a violation of'any of the temls or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, susper~ion, or revocation shall become effective 30 days after receipt by the permittee of written notice of such action which shatf specify the facts or conduct warranting same unless {1} within the 30-day period the permittee is able to satisfactorily demonstrate that (a) the alleged viotation of the terms and thecond~ons of this parmit did not, in fact, occur or (b} the alleged violation was accidental, and the permittee has been operating in compliance with the terms and conditions of '~he permit and is able ~o provide ~asis;ac~o~-y assurances that future op~ations shall be in full compliance with the terms and conditions of this permit; or (2} Within the aforesa~ 30-day period, the pa~nittee recluests that a public hearing be held to present oral and written evidence concerning the proposed modif}cation, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whole or in part shall be l=Ursuant to procedures presc~ibecl by the Chief of Engineers. I. That in issuing this permit, the Government has relied on the information and data which the permi~cee has provided in connection with his permit application. If, subta~luen! to the issuance of this permit, such infom~tion and data prove to be false, incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole'or in part, and/or the Govarntnent may, in addition, ins~itule m. That any rnoclit-~ation, susper~ion, or revocation of this permit shall not be the basis for any claim for d~,nages against the United ~AINTENANCE DREDGING: (1) That when the work authotiae~l, herein includes periodic maintenance dredging, it may be performed under this permit for years from ~e date of issuance of this permit (ten years unte~s otherwise indicated]; and (2! That the I~etmittee w~lt advise ohe District Engineer in writing at feast two weeks before he intends to unc~rtake any maintenance dredging. !1. ~ecfal C~nditian$ (Here list conditions relating specifically to the proposed structure or work authorized by this permit): This permit shall become effect~e date of the District Engineer's signature, eerttqitt~d~~t~[~r~es to comply wip .the ?rms and conditions of this permit. ~ffolk 'Cou,n~y Department of t~ubl'c Works t~Y A~HO~'Y O~"~H~= SECFIETAR ~F THE AR MY= ~ol~he~i, ~ ~Engineers U.S-ARMY,~O WERS Tmn~e~ her~ ~r~ to ~mply with ~ ~r~ and ~:~ion~ of this permi~ TRANSFEREE DATE n. That ~e pe~nit~e shall no'dry the ~istri~t'Enginaer at wha~ thee the activity authorized herein wii! be commenced, as far in advmtc9, of the time of c~,,monc~,~t as the Distri~ Engine~ may specify, and of any ;us;mr=ion of work, if for e pm'led of more than one we~k, resumptio~ of work and its corr~atio~ o. That if the activity authoriad herein is not started on or before ~)5 day of A~I'±l ,1978 [one ,/sar fr.m~ the, date of issuance of this pem~it uniess otherwise specified} and is not completed on m before 25 - day of ~l~':]-J- ,19~7~ (three years from the date of issuance of this permit unless otherwise s;~cified) this permit, if not previously revoked or specifically exl~r~ed, shall automatically expire. p. That no attempt shall be made by the p~mittee to prevent the full and free use by the public of all navigable waters at or ecijaceflt to the activity authorized by this permit. Cl. That if the display of liithts and ~ignals on any structure ~r work authorized herein is eot otherwise provided for by law, such tights and ~ ~ may be I~rescr~d by the U~ited States Coast Gerard shall be installed and maintained by and at the expense of the · . That this permit cloes hOt aathoriZe or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. s. That if and when th~ permitt~ desires to abandon the activity authorized herein, unless such'abandonment is part of a transfer procedure by which the permittee is transferring his interests hereTn to a third party pursuant to General Conditioh v hereof, he must restore the area to a condition satisfactory to the District Engineer. t. ~'het if the recording of this permit is possible under applicable State or local taw, the permittae shall take such action as may be necessary to record this Dermlt with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and intere~ in teal property. u.' That there 'shall ~e no unrea~o-nable i~terfererice wi~h navigat~ion by the existence or use of the activity authorized herein. v, That this permit ~ey nm be transferre~ to a third party without prior written notice to the District Engineer, e*rther by the tmnsferee's written agreement to comply with ail terms and condition of this permit or by the transferee subscribing to this permit in the space p~v~dad below end thereby agreeing to compiy with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of malty, the deed ~tall reference this permit and the terms and conditions specified herein and this I~ermit shall be recorded along v~th the deed wfth the Register of Deeds or other epprc~riate official. The foliow~ng S~ecial Conditions will be applicable when appropriate: STRUCTURES FOR SMALL BOATS: That parmittee hereby reco~izes the possibility that the structure permitted herein may b~ ~egt to da~ by wa~ wash from pa~ing vessels. The issuance of this permit does hot relieve the permittee from tekfng all proper steps tO insure the integrity of the sttucture permitted herein anc~ the safety of boats moored thereto from damage by wave wash and the permittee ~.a!! not hold the United States liabie for any such damage. DISCHARGE OF DREI)GED MATER[AL INTO OCEAN WATERS: That the pmmittee shaft place e copy ~f this permit in a cgmspieuous place in the vessel to be used for the t~ansportation and/or dumping of the dredged material as authorized herein. ERECTION el= STRUCTURE IN OR OVER NAVIGABLE WATERS: That the permitree, upon~receipt of a n~ of ~t~ ~ ~b ~mit or ~ ~ expi~i~ ~fme ~t~on of the ~i~ ~ in ~ t~ a~ ~n~ m ~e S~W ~ ~e ~y or his e~ori~ f~ ~it~ If ~e ~i~ ~ils m ~ly ~ t~ dir~i~ ~W ~ hit ~i~ m~ ~ ~e ~ to ~ f~r co~ition, ~ ~ ~ ~im, ~ r~ the ~t ~r~f fr~ .3 Articlo 3~, ~C~nstr~ction in 'Flood NY _'~rtm.snt of £nvironmentat Co,~servatiGn · -.// Hazard Areas] DEPARTMENT OF THE ARMy CORPS OF ENGINEERS IIIIIIII1; OF IlliltlORIZATIOIi P~.TO ~atntenance dr~ ....... pr~ 19 77 be rem~ed on ~- ~-~':~w7 ~ppr~. ~0,000 ~- ~=~e~ ro a m~ d ~ in Halls ~eek, Greet Peconic .... ~ aS required Eot ~e ~u ~rer/al ~tll Bay ~zre o~ this Pe~i'~ AT Ha~i~uck, T~ o~ 8oUrhold, Suffolk County, N~ ~ork ~A$ BE~ ISSUED TO ~ffolk ~unty Department of ON ADDRESS OF PERMITI'EE Public ~/orks Yaphank, /~y 11980 PERMIT NUMBER 10,1~.1 25 April 19 77 ~GFmm433~ Co[oaeZ ~.~C.o. _ s of '~'n~ineers Tills IlOIICE IlilSl BI: COItSPICiIOIISff ilISPLAITg Il! TIlE SlIT OF WOilli. PERM-IT J!3Z/3-UU~/ TW-$P-WQ U.OE~ Z.E E.V,eO~MENT^L COaSe~VATm. ~W .[-'~ ARTICLE 15, Wmtectian of Water) [] ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater WetJands) L_J ARTICLE 36, (Construction in Flood Hazard Areas) PER. iT ISSUED TO Suffolk County Department of Public Works (Attn: CoEiSenschmied) ADDRESS OF PER~ITTEE Yaphank Avenue, Yaphank, NY 11980 LOCAi'ION OF PROJECT (Seciion of stream, tidal wetland, dam, building) Halls Creek - Great Peconic Bay ~ESCRIPTtON O~ PROteCT Maintenance dredge' approximately ,1500 feet of existing channel im mouth Of Halls Creek and into Great Peco~ic Bay in accordance with plans on file with this Department. COMMUNITY NAME (City, Town, Village) Southold COUNTY Suffolk ITOWN JFIA COMMUNITY NO. GENFRAL 1. Tl~e permillee shall file in the office ur' the' appropriate Regional Permit Administrator, a notice of intention to commence work at least 4a hours in advance of the-time of commencement and shall also .notify him promptly ih writing of the completion of the work. 2. The permitled work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation who may order the work suspended if the public interest so requires. 3. As a cond'ition of the issuance of this permit, the applicant has ac* copied expressly, by the execmion of the application, the full legal respon- sibilily for all damages, direcl or indirecl, of whalever nature, add by whom- ever suffered, arising out of the proiect described herein' and has agreed to indemni'fy and save harmJess the State from suits, actions, damages and cosls of every name'and description, resuJling from the said project. 4, Any material d.redged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood, plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited or dumped at the [ucality shown on Ihe drawing hereto allached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the walerway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. That if future operations by the State of New York require an alteration in lhe position of the structure or work herein authorized, or if, in the o~0inion of the Deparlment of Environmenta[ Conservation it shall cause unreasooabfe obstruction to the free navigation of said waters or flood flows or endanger the health, safety.or well,are of the people of the Slalom, or loss or destruction of the natural resources of ihe State, the owner may be ordered by Llle Depart- ment to remove or aller lhe structural work, obstruct'ions, or hazards caused thereby without expense to the State; and if, upon the expiration or revocalion of this permit, the struclure, fill, excavation, Or other.modification of the watercourse hereby authorized shall not be completed, .the owners shall, without expense to the State, and to such extent and in such time a~d manner as the Department of Environmental- Conservation may require, remove ali or · any portion of the uncompleted structure or fill and. restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State Of New .York on account of any such removal or alteration. $outhoid . J DAM NO. I CONDITIONS JPER/4IT EXPIRATION DATE December 31, t~ 8. That :he State of New York shall fn.n~ case be liable ~r any dana ar injury io the structure or work herein authorized which may ~ caused by result from future operations undertaken by the 5tale fbr the conse~ation improvement of navigalion, or for other purposes, a~d no claim or right com~nsation shah accrue from any such damage. 9. That if the display of lights and signals on'anywork hereby authoriz is not otherwise provided for by law, such lights and signals as may be pr scribed by the United Sta[es Coast Guard shall be insmtled and maintain by ~nd at the expense of the owner. 10. AU work· carried DUI under ~his permit shall be performed in acco dance with established engineering practice and in a workmanlike manner. ll. If granted under Articles 24 or 25, the Department reserves the rig to 'reconsider this approva~ at any ~'ime and after due notice and hearing continue, rescind or m~ify this permit in such a manner as ~y ~ found be mst and equitable. If upon the expiration or revocation o[ this permit, tP m~ificaHon of the wetland hereby authorized has not been completed, applicant shall, wRhout expense to the State, and to such extent and in su~ time and manne~ as the Department of Environmental Conservation may mqu)r, remove att or any portion of the uncompleted structure or fH[ and restore tP si(e to ils ~ormer condition. No Claim shall be made against the Slate of he York on account of any such removal or alteration. 12, This permit shall not be construed as conveying to the applicant ar right to trespass upon'the lands or fnterfere with the riparian ~ight~ of othe' to perform the permitted ~rk or as authorizing the impairment of any right~ title o~ inlerest fn real or persona[ property held or vested in a person nm ~rty to the permit. 13. The permittee is responsible for obtaining any other permits, a~ provals, lands, easements and righ/s~f.way which may be required for th~ p~)ect. 14. if granted under Article 36, this permit is granted solely on the ba~ of the requirements of A~Hcle 36 of the Environmenta~ Conservation ~w ~ Par~ 500 of 6 NYCRR (ConstrucHon in Flood Plain Areas having 5~cial Floc Hazards - Building Permits) and in no way signifies that the ~roject will free from Ho~ing. 15. By acceptance of this permit the permittee agrees t~t the perm is contip~en:- u~n. strict compliance with the S~cia~ conditions-on th reverse side. 9S-20-4 (9/75) (SEE REVERSE SIDE) 16. · 17. · 18 o 19. Spoil may be placed on beach to east and/or west of mouth. Dredging is to be limited to 2' below M.L.W. with 1.' overcut between Station 50+00 and "E" 46+00 (area within creek) and 5' below MoL.Wo with maximum overcut of 1' iR channel in Great Peconi¢ Bay. Applicant shall be liable for any damage to adjacent waterway resulting from any. phase of the permitted construction. · If pocciblc w~t 01'.a~.l b~ ~m~ d~rirrg ~=1-1 'o~ wintC~ m~mth~; SPECIAL NOTE: Based upon a review of ~his project and a request for water quality certification pursuant to Section 401 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-$00 (the "Act") public notice for which has been duly given, the Department of Environmental Conservation hereby certifies tha~ the applicant will comply with applicable provisions of Sections 301, 302, 306 and 307 of the Act, provided that: -(1) There are no future changes in any. of the following that would ~esult in non-compliance with Sections 301, 302, 306 and 307 of the Ac~: (a) The projec~ as modified herein. (b) The water, quality criteria applicable to such waters, or (c) Applicable effluent limitations or other requirements; and (2) The applicable provisions of State law and regulation are complied with. PERMIT ISSUE DATE October 21, 1976 cc: D. Larkin, Corps of Engrso,.file pt. of Environmental Conservation 5.0 Wolf Road, Albany, NY 12233 f~lew York State Depart~..~nt of Environmental C;onser,Jation 50 Woll' Road, Albany, New York 12233 Peler A. A. Bet Commi s s ion December 5, 1977 suffolk Co. Dept. of Public Works c/o Carl E£sen$chmied Yaphank Avenue Yaphank, ~f 11980 Tidal Wetlands Permit ~15275-0097 SP-WQ Extension of Permit Gentlemen: In accordance with your letter of November 14, 1977 , the expiration date of the above permit'is hereby extended to December 3i, 1978. This letter is an ~sndment to the original pe~'~it, and as such, should be attached thereto. Ail other conditions shall remain as originally written in the permit If the structure or %cork authorized is not completed on or before the new expiration date, this permit, if not specifically extended, shall cease and be null and void. in addition, if work has not co~,enced prior to December 14, 1977~ reappiication may~ required under Part 661.7(b). very ~ruly yours, Louis M. Concra, Jr. Chief Permit Admi~istrator cc: D. Larkin NANOP-E Application No. F.~hibit 75-~21 Suffolk CountI Department of Public Works Yaphank,. NY 11980 Department of the Army permit is hereby authorized by the Secretary of the Army to maintenace dredge within an existing channel ~o a max depth o~ 3ft. below the plan of MLW between stations ~tEf46+00 and 50+00 and to a maximum depth of Sft. between stations 50+00 and 61+00. Approx. 20,000cu. yds. of dredged material will be. removed on an initial basis and then as required for the life of this permit in order to maintain the authorized depth. Che.. dredged material will~ be placed on the beach area east & west of the entrance tn 5ells Greek as beach nourishment. Be purpose of the work is to maintain the arc, safe navigation. 9' ~ 24 ~ NC . LS. :si cc, S0gTH0 EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 51 6-2@3-6360 FAX NO. 516-283-6136 April 17, 1991 Mr. Mohabir Persaud State of New York Department of State Albany, NY 12231-0001 Re: Neil McGoldrick-~F-91-125 Dear Mr. Persaud: This letter is in response to yours of April 2, 1991. You have correctly observed that the Suffolk County Department of Public Works Project does not include the most westerly section of channel which is proposed to be dredged here. While we believe a channel formerly existed in this location, based upon the presence of the bulkheaded boat slip, we have thus far been unable to document it's presence. Even if this should not be possible, we do not believe that the extent of dredging which we propose will in any way significantly impact the benthos in this area. Obviously, those organisms lying directly in the path of the dredging will be removed and killed. However, since the depth of dredging is minimal, the site can easily be recolonized and repopulated. Although we have not done any scientific "survey," there may be hard and soft clams, mud snails and worms which inhabit this vicinity. All of these are likely to reestablish once the project has been completed. The closed dredging window from May 1 - Sept. 30 will preclude dredging for this season. As we have not yet received other necessary permits, we have no choice but to accept in the hope and anticipation that work can be started in the fall. Mr. Mohabir Persaud -2- April 17, 1991 As shown on the work plan, dredged spoil is to be placed on the beach front facing Great Peconic Bay above the line of mean high water. There is no way to prevent water from reentering the adjacent waterway, nor is there any reason to do so. The quality of the spoil is good and will remain on the upland. Full enjoyment of this extensive waterfront property can only be realized by using its potential to the fullest. This includes docking at the pre-existing boatslip without the necessity for taking a dinghy out to a moored craft in the creek with all the inconvenience this entails. While the project may seem elaborate, it will not only enhance the navigation capability for my client, but also for others in the area. Environmentally it will restore full tidal flushing to a creek whose outlet to Great Peconic Bay now is only a few feet wide. Without any remedial work, this will close off and result in adverse water quality conditions within the creek proper. This could then lead to low oxygen conditions and consequent adverse effect upon flora and fauna. We have built several safeguards into the project including gradual side slopes, minimal dredging depths, environmental windows, etc. We see no reason why the project should be considered detrimental and urge you to find the project consistent as soon as possible. Yours truly, RLH:jm. cc: Neil McGoldrick COE/91-0186-L2 NYS DEC/#1-4738-00265 Southold Trustees Roy L. Haje President GAJL S. SHAFFER SECRETARY OF STATE STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, N.Y. 12231-0001 April 2, 1991 Mr. Roy L. Haje Eh-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re: F-91-125 U.S. Army Corps of Engineers/New York District Permit Application 91-0186-L2 Neil McGoldrick Town of Southold Request for Additional information Dear Mr. Ha~e: Pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed project. The proposed channel would include dredging a portion of Halls Creek at Mattituck that was not previously authorized to be dredged and hence would constitute new dredging. Please confirm if this is so, and if it is, what measures will be undertaken to mitigate adverse effects on the benthic organisms. Were any surveys done to assess the biological productivity and diversity of this area? In order to minimize adverse water quality impacts, a May 1 to September 30, dredging window will be required. Please confirm if this is agreeable to you. Please explain how the dredge spoil and the large volume of drain water which accompanies the spoil during hydraulic dredging will be contained and prevented from directly re-entering any adjacent waterway. Please explore alternatives such as mooring the owner's 2 to 3 inboard/outboard vessels at nearby docking facilities rather than carrying out this elaborate dredging project with potential adverse environmental impacts. New York State Department of Environmental Conservation Thomas C. Jorling A~¥*il i i~, 1~ ~ i · Commissioner RE'.LEAD AGENCY COORBINATI~ REQUEST The purpose of this request is to determine under· Article 8 {State Environ- mental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your agency's interest in acting as lead agency; 2. Your agency's jurisdiction in the action described below; and 3. Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part i of the Environmental Assessment Form to assist you in responding. Project Name: w, ce r Q SEQR Classification: .~/Type I [ ] Unlisted DEC Contact Person:· ~Lx~& SO~O~'~-~_xD DEC Position: has no objection to your agency or another agency assuming agency DEC lead status for this action, but reserves the right to comment on this action if a positive determination of significance is made. [ ] DEC has no objection to your agency or another agency assuming lead agency status for,tl~t~s~acti~?, but we have the following concerns regarding this · - .~ ~'~ ,EE~,-~m~i~., project (see ~ cLemmenl~s §'.. rO~) ~ [ ] DEC ~ishes tO'assume lead agenc-~ 's~:us for this action. [ ] The proposed action has been ~.. ~tified by DEC as occurring ~holly or partially ~ithin or~.su~h~a?t{~al~'i~ contiguous to a critical environmental [CEA) that .as ~t is the position 'of'~thiS'DQpa~tment that your agency, if it has a juris- diction over the action, should assume the le~d ~g~ncy rol~ based on the existence oE the CEA and th~ fact that the anticipated impacts are primarily of local significance. .~ Other. {See comments below) Comments' {Optional )- Response' Please respond to this request 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 DECror another agency assuming the role of lead agency, and have no ._comments to offer regarding the proposed action at this time. If neither ag-~-y.~n~9~or any other involved agency, including DEC, has indicated ingness to-'-~-~ as lead agency within 30 days of this letter: ~ '[] We witl~ssioner of DEC t~ate a lead agency for this action. lead, ~n~nig you have jurisdiction. Please feel free to contact this office for further information or discussion. Enclosures cc' (see distribution list) 95-19-3 {8]89)--7e ' ': ~ ..... ' : NEW YORK STATE DEPARTMENT OF ENy!R. pNMENTAL CONSERVATION JOINT APPLICATIOi,FOR PERMIT ' U.$,ARMY ~. .PS OF ENGINEERS APPLICATION NO. ;' ' . r"~.XRTICLE 24 6NYCRR 662, 663 (FRI~SHWATER WETLANDS} : ~ARTICLE 25 6N¥CRR 66I (TIDAL WETLANDS) K--]ARTICLE 34 6NYCRR 50S (COASTAL ii please read ALL instructions on back before comhl~ting this appiieAfio~:; :PJb~:~l~i~ 0~'~ri.! dearl~ ih i~. Attach additionai information ~ n~. ~ARTICLE 9, TITLE 1, ARTICE 43 6NYCRR 646 (LAKE GEORGE' RECREATION ZONE] . ~ARTICLE 15, TIT~ 3 (AQUATIC PESTICIDES CONTROL) ~6NYCRP 327 (AQUATIC VEGETATION) ~6NYCRR 328 (FISH) '~6NYCRR 32~INSECTS} $ ~ARTICLE 15, TITLE 5 6NYCRR ~ (PROTECTION OF WATERS] m ~ For the co'nstrBction, ~const~ctJon, or repair ~f ~ DAM or ot~er impoundment structure. A" ' ' ' ~For the disturbance of a STREAM BED OR BANKS or excavation in or fill of NAVIGABLE WATERS. ~ WATER QUALITY CERT['FICAT]ON E ' ~ARTICLE 15, TITLE ~S ~6NYCRR ~1' ~ATER SUPPLY) ~6N~CRR ~2 CLUNG IS~ND WELL) ~AR?IC~ t5, TIT~ 27 6NYCR~ ~ ~ILD, SCENIC AND .RECreATIONAL RIVERS} F EROSION} ~'SECTION 10 (RIVER AND HARBOR ACT OF t899) for str~ctures 'and work in navigable w~ters of the U.S, r-]cOAsTAL CONSISTENCY CERTIFICATION. [~SECT]ON 404 {CLEAN WATER ACT OF 1977) for disposal of dredged, or fi]] material in waters of the U.S.. · [~.SECTION 103 fMARINE PROTECTION, RESEARCH AND SANCTUARIES ACT] for the transportationI of dredged materials for dumping into ocean waters. LIST PREVIOUS PERMIT/APPLICAT. ION' NUMBERS AND DATES [[f any.) 2. APPLICANT IS A/AN [~Owner 3 NAME OF APPLICANT (Use'Eui[ Name) Neil McGoldrick MAILING ADDRESS 86 Second Street POST OFFICE Garden City, "4 ,NAME OF [] Owner Roy 1-,. H.aje, . MAILING ADDRESS ~'Operator ~Lessee ~]Municipality/GovernmentaI Agenm/ {Check as many as apoIy) ~Agenr./Contact Person [Check one) President, Eh-COnsultants, Inc. 1329 North Sea Road RUST OFFICE Southampton, 5. PROIECL'FACILITY LOCATION {Mark [ocauon on map. see Number la on reverse rode) co~.w Suffolk ~ow~ or c~tv Mattituck J Village bTREET ADDRESS flf different from applicant) Private road off New Suffolk Ave, POST OFFICE Mattituck o :NAMF_ OF S'TREAM OI~ BODY OF WATER Ha±is Creek, Great Peconic Bev HAS WORK BEGUN ON PROJECT? If YES. at~ach explanation on starting work w,thout permit, include dates. [] Yes ~No Show.work on map and/or drawings. TELEPHONE (Where can be reach~ during day) (51& 248-2429. J STATE ZIP CODE NY 11530 TELEPHONE (Where can be reached during day) (5160 283-6360 j STAT~ ZiP CODE NY 11968 STATE J ZlP CODE NY J 11952 j8. WILL PROJECT UTILIZE 5rATE LAND? [=]Yes '~No j ] l0 PROPOSED STARTING DATE: I1 APPROXIMATE COMPLETION DATE: 12. FEE OF (NYS Permit OnJyJ 9 PROPOSED USE: Private ~ Public ~ Com~e .... ~J ASAP 6 Months ~ 410,00 Endnsed 13 PROJECT DESCRLPT}ON: (emg. quantity and type or material to be excavated, dredged or used for fill or rip rap, I~ation of disposal s~tes; type or structure to b~mstalled: height ut dam; size of [mpoundent; capacities of proposed water sources; extent of distribution system: etc. I SEE ATTACHED ~4 WiLL THIS PROJECT REQUIRE ADDITIONAL FEDERAL· STATE AND/OR LOCAL PERMITS? CO'E, DOS., Southold Trustees ] Yes [] No If Yes. please Hst: CERTIFICATTON: E hereby affirm that under penaIity of perjur~ that informabon provided on this form and all. attachments submitted herewith is true to the best of my knowledge and belief. False statements made herein are punishable a-~ a Class A misdemeanor pursuant to Section 210.45 of the Pena[ Law. F~rther the apphcant accepts full responsibility for all dama&e, direct or indirect, of whatever nature, and by whomever suffered, arising'out of the project described harem and agrees to indemnify and save harmJes~ :he State from ~u~ts, actions, damages and costs of eve~ name and descripuon resulting trom smd pr6lect. ~n a4dit~on. Federal Law. 18 L..5.C. Section ~1 provides for a {i~ of not mom than $10,000 or ~mpnso~ment for not more than five years, or both, where an apphcant knowingly and wdffu{l~ fals~hes, conceals, or covers up a ~ater~J'fac?~r knowing~Y makes or u~s a false, fictitoes o~ fraudufent statement. ~ } hereby authonze the a~ent named in Number 4 above to s~m~t th~s appl.icati~ bn my behalf. :[~' ~' :... /. February 21, 1991 . Na~~ATUR[ ;-~', President ............... . . ~,-~'F Roy T, ~TLE P[~AS~ R[AD AiL ~NSTRUCT]ON%.O? ~EV[RS[ SIDE PROJECT DESCRIPTION M'aintenance dredge chanhei within Halls Creek and approach channel from Great Peconic Bay. A total of 980! 1.f. will be dredged. Channel ~in Peconic Bay is to be 75!' wide and dug to depth of 5' below MLW plus 1' overcut. Channel in Halls Creek is to be 2' below MLW with 1' overcut. Approximately 6000 c.y. will be hydraulically removed and placed on owner's land to west of creek mouth above MHW. Project was done previously by SCDPW. Copies of permits are attached. Multi-year maintenance permit requested. ~.~ .-- o~' r.oHI~ '\- EN-CONSULTANT$ INC. /~./' ~< I329 NORTH SEA RD, ~ ~& SOUTHAMPTON N, Y. 5.5-2.83-6360 t4-~6-4 (2/87)--Te×t 12 PROJECT i.D. NUMBER SHORT 617:21 Appendix C State Environmental Quality Review ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be.completed by Applicant or Project sponsor) ~. APPLICANT/SPONSOR 2 PROJECT NAME Nell McGoldrick by En-Consul~ants 3~ PROJECT LOCATION: Mdnicipahty Mattituck County Suffolk 4. PRECISE LOCATION [Street address and roaq intersections, prominent landmarks, etc., or provide map] Private road off New Suffolk Ave, Mattituck SCTM No. '1000-116-4-i6.4 SEQR · 5. s PROPOSED ACTION: New ~ Expansion 6 DESCRIBE PROJECT BRIEFLY: Modification/alteration SEE ATTACHED AMOUNT OF LAND AFFECTED: · Initza. lly. 2],~ acres ULdms'mty 2% acres 'WILL PROPOSED ACTION COMPLY WITH EXISTING ZONIN~ OB OTHER EXISTIN~ UAND USE ~Yes No f No. 'describe br:efiy WHAT iS PRESENT LAND USE !'N VICINITY OF PROJECT? ~ Res~dent~a! m~us~rJal .-~ Commercial Describe: Low density residential _2 Agriculture ~ Perk/Forest/Open space [] Other 10. DOES ACTION iNVOLVE A PERMIT APPPOVAL. OR FUNDtNG, NOW OR ULT]M'ATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL S-ATE OR LOCAL~? X~ -- Yes No ~' yes. ,ist agency,,si ~nG perm r/approvals COE, DOS, Southold Trustees '' DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ~ No ~ 'cea ist agency name and permitfapp~oval ~2 AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL FtEQUtRE MODIFICATION? __ 'Yes ~ NO ~ CERTIFY THAT THE iNFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF: MY KNOWLEDGE APB!,cant,iSdonSOr Signature' o*.me: .A~6~i~±McC~t~br_igk by~. Consulta~Fcs Date: 2/2] /9 ~, f_.. ~ "-;-. ?__. Roy L. Hal c If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART It--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review process and use the FULL EAF. [] Yes [] No B, WILL ACTION F~ECE[VE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCR~, PART 617.67 If No, a negative declaration may be superseded by another involved agency. [] Yes [] No C. COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; (Answers may be handwritten, if legible) Ct. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste productio~ or disposal, potential for eros[on, drainage or flooding problems? Explain briefly: C2. Aest,hetic. agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish. sheUfish or wildlife.species, significant habitats, o.~ threatened or er~dAngered species? ExpJain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of fand or other natural resources? Explain brie.fly, C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Expia, in br[efIy. C6 Long term, snort term, c~mulattve, or other effects not identified in C';-C57 Explain briefly, C7 Other impacts (including changes in use ef either quan.fity or type of energy)? Explain briefly. iS THERE. OR S THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~l Yes ~ NO if Yes, explain briefly PART III--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d} irreversibiJity; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that alt re'levant adverse impacts have been identified and adequately addressed. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have .determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting'this determination: F,fnr or Tvoe k'zme or :R. est~o~ible Off:car in Lead A, genc~ Name ct Lead ^genc¥ Tide of RespoT~ibte Officer $~gpar~.:re of Respons:ble Officer m Lead .&§en~.y Signature of Preparer iff dzfferen'~ from responsible officer PROJECT DESCRIPTION Maintenance dredge channel within Halls Creek and approach channel from Great Peconic Bay. A total of 980± 1.f. will be dredged. Channel in Peconic Bay is to be 75±' wide and dug to depth of 5' below MLW plus 1' overcut. Channel in Halls Creek is to be 2' below MLW with 1' overcut. Approximately 6000 c.y. will be hydraulically removed and. placed on.owner's land to west of creek mouth above MH~W. Project was don~ previously by SCDPW. Copies of permits are attached. Multi-year maintenance permit requested. Tclcphonc (516) 765-1801 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 To: Southold Town Trustees From: $outhoId Town Conservation Advisory Council Dated: April 4, 1991 Re: Recommendation of Wetland AppIications On a motion by Bruce l_oucka, seconded by John McCormick, it was · RESOVLED to recommend to the Southold Town Trustees disapproval of Wetland Application No. 78-5-16 of James Grathwohl to construct a single family dwelling, sanitary system, well, bluestone driveway and construct a dock consisting of: 4' x 10' fixed elevated (4' above grade~) walk; 3' x 16' hinged ramp; two 6' x 16' floats secured by three 8" diameter pilings. The CAC recommends disapproval because the house and septic system would be within the I00' wetland buffer area and the leakage from the cesspool could be excessive with the buffer area. The CAC recommends disapproval of the ramp and dock because it extends 29' out into the channel, going half way across the channel and wouId .result in hazardous navigation of the channeI. Williamsburg Lane, Southold Vote of Council: Ayes: All Motion carried. On a motion by John Holzapfel, seconded by Cynthia $turner, it was RESOLVED to recommend to the Southold Town Trustees disapproval of Wetland Application No. 116-4-16~4 of Nell McGoldrick to maintenance dredge a'channel within Halls Creek and approach channel from.Freat Peconic Bay~ The Council recommends disapproval lJecause it feels that this.application cannot be considered a maintenance dredging proiect and suggests the applicant reapply not as a maintenance project but as an original dredging proiect. Private road off New Suffolk Avenue, Mattituck Vote of Council: Ayes: All Motion carried. On a motion by Bruce Loucka, seconded by John Holzapfel, it was RESOVLED to recommend to the Southold Town Trustees approval with stipulations of Wetland Application No. 70-6-9 of Renato Starcic to constuct a qr x 95' fixed elevated (4' above grade) pier (including inclined ramp on inner end). Install three mooring pilings. The Council recommends approval if the project length is cut down so it soesn't interfere with anyone a:lready moored. The Council feels the project, as submitted, is too long and will present navigational problems since moorings are already present. Oaklawn Avenue, Southold Vote of Council: Ayes: All Motion carried. Page 2 On a motion by Betty Wells, seconded by John McCormick, it was RESOVLED to recommend to the Southoid Town Trustees approval of Wetland Application No. 103-10-28.1 of Henry A. Boczek to instal[ a 6' x 20' floating dock and I2' x 4' ramp and two mooring piles at end of existing dock. 1370 Strohson Road, Cutchogue Vote of Council: . Ayes: All Motion carried. On a motion by Stephen Angell, seconded by Cynthia Sturner, it was RESOVLED to recommend to the Southo[d Town Trustees conditional approval of Wetland Application No. 70-13-20.3 and 20.4 o.f Joseph Cornacchia'to construct 308 I.f. of bulkhead within 18" of existing functional bulkhead, including 20 I.f. to close opening to natura[Iy filled channel; drede lagoon to average 4' below MLW yielding estimated 3900 c.u. of spoil; use spoil to backfill behind new bulkhead, to backfill non-functional channel and to nourish beach. The Council approves the bu[kheading as submitted. The Council approves the dredging with the condition that the project "link up" with the Koke dredgin9 projec,t after it receives DEC approval. The dredging should not be done if there will be no link up because it would create a "pothole" · and prevent proper flushing. The dredging should not commence until the Koke project is complete. Of course, recommendation of conditional apProval is to be considered only after the ownership of questionable areas is established, Kimberly Lane, Southold Vote of Council: Ayes: All Motion carried. On a motion by John HOlzapfel, seconded by Bruce Loucka, it was RESOVLED to. recommend to the Southold Town Trustees disapproval of Wetland Application No. 110-7-12 of Pequash Club to construct a timber bulkhead I00' long with a 10' return. The Council recommends disapproval because the bulkhead may destroy the beach in front of it. The beach should be stabilized by planting natural vegetation (beach grass, etc.) and keeping people off the beach. Concrete only exacerbates the situation. Fleets Neck Road, Cutchogue Vote of Council: Ayes: All Motion carried. On a motion by Stephen Angell, seconded by Bruce Loucka, it was RESOVLED to recommend to the Southold Town Trustees _a..pprova[ of Wetland Application No. p/o 122-3-14 (tot 3) of Alarn Cardinale to construct a catwalk, platform ramp and float to piles. The Council suggests the applicant extend the catwalk and send the ramp from the catwalk to float and eliminate the stairs. Vote of Council: Ayes: All Motion carried. TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthilt Telephone (516) 765- t 892 BOARD OF 'TOWN TRUSTEES TOWN OF SOUTHOLD sCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1 t79 Southold, New York 1197I Fax (516) 7654 823 Telephone (516) 7654800 March 21, 1.991 Mr. John Holzapfel, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southo!d, New York 11971 Dear Mr. Holzapfet: Transmitted herewith is application No. 1000-116-4-16.4 for a wetland application submitted by En-Consultants, Inc. on behalf of Neil McGoldrick. Please prepare a written report of findings and recommendations with respect to this application. ~ Very truly yours, John M. Bredemeyer, iii President, Board of Trustees JMB: jt Army tn replying refer to: New York District · ' . 26 Federal Plaza· '~ · Public Notice No. 14324-91-0186-L2 New York, N,Y, 10278 ----'"----~O~'~UTHOLD Published: 21 "AR 91 Expires: 19 APR 91 ^~N: Regulatory Br To Whom It May Concern: The New York District, Corps of Engineers has'received an application for a Department' of the Armypermit pursuant to' Section '10 of the Rivers and HarborS'Act of 1899 (33 UoS.C. 403) and Section. 404 of the Clean Water Act (33 U~S.C. 1344). APPLICANT:Neil'McGoldrick 86.Second Street Garden City, New York 11530 ACTIVITY: Dredging with ten years maintenance and beach nourishment WATERWAY: Halls Creek, Great South Bay LOCATION: ~attituck, 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,i.'~including cumulative impactS~ of the activity on the'public interest;.~]"Thatdeoision will reflect the national concern for both protection and utilization of important resources~ The benefits which reasonably may be expected to accrue from the activity must be balanced against its reasonably foreseeable detriments° All factors which may be relevant to the activity will be considered including.-the cumulative'effects thereof; among those are conservation~ economics:,! aesthetics, general environmental concerns~ wetlands, Cultural valueS, land use, navigation, shoreline erosion and accretion, recreation, water supply and·conservation, water quality~ energy needs, safety, food production and, in generals the needs and welfare of the peop!e, :i:! . The Corps of EngineerS~is soliciting comments from the public; Federal, state, and local' agenCies, and officials~ Indian Tribes~ and other interested parties in order to consider and evaluate the impacts of this'proposed activityo'~Any .comments received will be considered by the Corps of Engineers!t° determine whether to issue~ modify, condition or deny a permit fOrth~s proposal. To make this decision, comments are used to assess impacts on endangere~ species, historic properties~ water quality, general environmental effects and the. other public interest factors liSted'ilabove.' Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant tothe'Natioha~:Environmental Policy Act (NEPA). Comments are also usedlto determin~i~e need for a public hearing and to determine the overal!public interest ofthe proposed activity.. ~ITING ~D ~LED TO a~CH TH~--~FICE BEFORE---'~ ~PX~TION D~E OF T~!S NOT!CE~ otke~se~ i~%~~~~re are no objections to the activity~ ~ ~~ ~~ Any person may re~st~ in ~-~itin~ before this public notice expires~ that a public hearin~ be het~ to collect info,at,on necessary to consider thi~ application~ Re~ests for D~ic k~arin~s shall state~ with particu~arity~ the reasons why a p-~lic hearing should be hel~ Xt should be noted that ~nfo~ation s~mitted by mai! is considered weight as that furnished ~t a Dubtic hearlng~ Pursuant to Section 7 of the Endangered Species Act (16 UoS~Co 1531} and based upon a revie~ of the latest p~iished version of the threatened and endangered species listing~ a prelimina~i determination is that the activity under consideration will net affect those species listed or their ~ c _~ cr~t~c=x habitat° Based upon a review of the latest published version of the National Register of Historic Placee~ there are no known sites eligible fora or included in~ the Register within the permit area° Presently unknown archaeologicai~ sc±entific~ prehistorical or historical data may be lest by work accomplished under the required per--mit: Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator~ U.S. Environmental Protection 'Agency~ under authority of Section 404(b} of the Clean Water Act and the applicant ~iil obtain a water quality certificate or ~aiver from the appropriate state agency in accordance with Section 40! of the Clean Water Act prior to a 'permit decision. ~rsuant to Section 307(c} of the Coastal Zone ~anagement Act of !972 as amended [I~ U~SoC. t45~c}]~ for activities under consideration that are located ~ithin the coastal zone of a state ~wkich has a federally approved coastal zone management program~ the applicant has certified in the permit application that the activity complies' with~ and will be conducted in a m=n~.e~ tha~ is co~sisten~ with~ the a?proveu state coastal zone management program~ By ~his public ~o.z~c~.~ ~'e are requesting the state's concurrence with~ objection to~ or waiver of the applicant's certification° No permit decision will be made until one of these actions occur~ For activities within the coastal zone of New York State~ the applicant's certification and accompanying information is available from the Consistency Coordinatcr~ Ne%~ York State Department of State~ Division of Coastal Resources and Waterfront Revitaiizati©n~ Coastal Zone Management Program~ !S2 Washington Avenue~ Albany~ Ne%' York 1223!~ ~e!ephone {5!~l 47~3642~ Cements regarding the appiicant~s certification should be so ad~ressed~ _n addition to any required ~ater quatit~ certificate and coastal zone management.program concurrsnce~ the applzcant has obtained or requested the following authorizations for the activity under consideration: Tidal Wetlands Permit from the New York State Department of Environmental Conservation Town of Southold Permit .It is requested that you com~%unicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact this office at (212) 264-3912 and ask for Mr. Larry Klein. FOR THE DISTRICT ENGINEER: ~'~ &,- / ~nief, Regulatory BranGh Enclosures '. Work Description · Project Drawings: API~Li~TION NUMBER 91-0tS6-L2 PuBLIc NOT~CE b~J~'~R 14324~91-0186-L2 WORK DESCRIPTION The ap~licant~ Nsii ~cGo!drick, has requeste~ Department of the.A~y authorization to dredge material from Corey ureek~ Lz~t!e Peoonzc Bay at the To~ of Southold, Suffolk County, ~ew York ~ith subsequent upland disDoSalo The proposed work would involve the dr~dging ~ith ten years maintenance and 1:3 sides!~pes of t~o ohanneis~ on~ ~asuring ~60 feet by 30 feet and the other maasurin~ 320 f~t by 75 feets to depths of two and five feet below mean !o~ wa~er, respectlvely~ ~ith a one-foot allowable OVerdredge. Appro~imateZy S~000 cubic yards of sand would b~ removed by hydraulic dredging and disposed of on the appiicant"s beachfront property abcv~ the mean high water line with return flow allowed to reenter Great South Ba~ Additional ~redging is proposed ever~ 3-4 years to remove approx.zmately 500 cubic yards per event, also ~o be disposed of on the beach. The stated Purpose o~ the proposed work is to allow access for the o%~er s 2 or 3 znboards znto the cree~ It should be noted that this dredging was previously performed under Department o.f the A~y Permit No~ ~0121 by the Suffolk County Department of Public Works. ~Md ,, , ,, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197I APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF SOUTHOLD TOWN, AND THE ISSUANCE OF PEP~ITS PURSUANT TO CHAPTER 32 OF THE CODE OF THE TOWN OF SOUTHOLD. APPLICATION NO. APPLICANT'S MAILING ADDRESS: Neil McGoldrick 86 Second St., Garden City, NY Februarv 26. 199] TEL. NO. 516-248-2429 11530 AGENT: En-Consuitants, Inc. AGENT ADDRESS: 1329 north Sea Road, Southampton, NY PEPa~IT REQUESTED TO: SEE ATTACHED TEL NO. 516-283-6360 11968 LOCATICN OF PROPERTY FOR REQUESTED PERMIT: Private road off New Suffolk Ave. HAMLEt:- ~m~v~k TAX [4AP NO: i000- 116-4-16.4 CREEK, BAY OR HARBOR FRONTING PROPERTY: SiZE OF PROPOSED WORK: LENGTH: See Project Description Halls Creek, Peconic Bav WIDTH: PROJECT DESCRIPTION Maintenance dredge channel within Halls Creek and approach channel from Great Peconic Bay. A total of 980± 1.f. will be dredged. Channel in Peconic Bay is to be 75±' wide and dug to depth of 5' below MLW plus l' overcut. Channel in Halls Creek is to be 2' below MLW with 1' overcut. Approximately 6000 c.y. will be hydraulically removed and placed on.owner's3, tand to west of creek mouth above MEW. Project was done previously by SCDPW. Copies of permits are 'attached. Multi-year maintenance permit requested. ",~.,ppo Page 2. YDS. TO BE EACAVATED: 6000 YDS. TO BE FILLED: MANNER iN WHICH MATERIAL WILL BE REMOVED OR DEPOSIT~._D: Hydraulic WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: 100+' DEPTH AT LOW TIDE: Variable ~'AVER. RISE IN TIDE: 2'-6"± DISTANCE TO NEAREST CHANNEL: N/A DISTANCE PROJECT EXTElfDS BEYOND SIMILAR PROJECTS IN AREA: N/A AREA ZONING: Residential IS PROJECT FOR PRIVATE OR BUS. USE: Private INTENDED USE OF PROPERTY: No change DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: SCDPW dredged Halls Creek before. CoDy of permit attached. HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE~ OR DEPOSIT FILL ON SAID PRE/4ISES: See previous response HAS ~ LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A G©VE~,I~NTAL AGENCY: No DESCRIBE FULLY THE REF_ABILITATZON OF PROPERTY: None necessary DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: n/a ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT THIS PROJECT: None known WRITTEN CONSENT OF OWNER IF NOT THE SAME AS APPLICANT: See attached 14-16-4 (2/873~Te~t ~2 PROJECT I.D. NUMeER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPMCANT/SPONSOR 2. PROJECT NAME Ne/! McGoldrick by En-Consultants 3. PROJECT LOCATION: ' Municipality Matt/tuck County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or Drovide map) Private road off New Suffolk Ave, Matt/tuck SCTM No. 1000-tt6-4-16.4 SEQR 5. IS PROPOSED ACTION: ~' New ~ Exoansian 6. DESCRIBE PROJECT BRIEFLY; ~ MOclificationlatteralion SEE ATTACHED 7 AMOUNT OF LAND AFFECTED; In~t:al~v ~._~ Acres U[tim~[ely ?~ acres 8. WIL~. PROPOSED ACTfGN COMPLY WiTH Ex{STING ZONING OR OTHER EXtSTfNG LAND USE RESTRICTIONS? ,~ Yes __ No If Ne, describe cr~ehy WHAT IS PRESENT LAND USE iN VICINITY oF PROJECT? ~ Resioent~a', ~ [ncus~rlat _ Commerc:at Destane: Low density residential ~ AgricuHure ~, Par~/Foresl!O~en space ~___ Other '0. DOE5 ACTiO.'; ,',VC~'. 5 ~ ;ERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY :FE.-ERAL. ST~'fE CFi L©C,2L:'~ ~ ¢e5 __~;o ;~ yes. ,s~ &~e~c'/s and permmacprovais CeE, DOS, DEC DO.--S A~Y ~SFECT OF the AC/ION ~AV5 A CURRENTLY VALID PERMIT OR APPROVAL? Yes _~ NC 1~ ,es ~ist agent/ name and perturb/approval AS ,~ RES'JLT CF P-~OPOSED ACTION WiLL EXISTING PERM TFAPPROyAL REQUIRE MODIFICATION? i CERTIFY THAT THE ~NFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE noc~,~.--.nt,s=~sc' -ame: ~,~Ci~ McCcldrick by En Consulta~rt~ Sio, nature; Roy Lo Hajc If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PROJECT DESCRIPTION Maintenance dredge channel within Halls Creek and approach channel from Great Peconic Bay. A total of 980± 1,f. will be dredged. Channel in Peconic Bay is to be 75±' wide and dug to depth of 5' below MLW plus 1' overcut. Channel in Halls Creek is to be 2' below MLW with 1' overcut, Approximately 6000 c.y. will be hydraulically removed and placed on.owaer's3,1and to west of creek mouth above MHW. Project was done previously by SCDPW. Copies of permits are attached. Multi-year maintenance permit requested. COUNTY OF SUFFOLK ) STATE OF NEW YORK ) Roy L. Haje BEING DULY SWORN DEPOSES AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED. iN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE TME TRUSTEES, THEIR AGENT OR REPRESENTATIVE, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature of ApplicanU SWORN TO BEFORE ME THiS DAY OF , 19 NOTARY PUBLIC EXAMINED BY APPROVED DISAPPROVED CONDITIONS (if any) SIGNATURE OF CHAIRPLAN COMPUTATION OF FEES Approved 2/27/85 .... PART 1--PROJECT INFORMATION · Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significz on the environment. Please complete the entire form, Parts ^ through E. Answers to these questions will be cc as part of the application for approval and may be subject to further verification and public review. Provide any a information you believe wi|I be needed to comptete Parts 2 and 3. . It is expected that completion of the fuI| E^F will be dependent on information currently availabte and wi~! nc new studies, research or investigation. If information requiring such additional work is unavailable, so indicate an each instance. . . NAME OF ACTION LOCATION OF ACTION (include Street Adc~res$. Municipality an" County) · Private Road off New Suffolk Ave., Mat%Stuck NA~E OF En-Consultants, Inc. 1329 North Sea Road Crt'f/PO S o uth. ampt on, NAME OF OWNER (If different) Nell McGoldrick 86 Second Street, C1TY~PO Garden ~City, SEE ATTACHED RUSINES$ TF_.LEPHON E 61.6 )283-6282 STATE ~ ZIP CO: NY ti 1968 BLIS]N E~S TE[.~FHON ~ ~16 ~248-2429 STATE ~ ?JP CC 2 NY ~1530 Please Compiete Each Question-Indicate N.A. if not applicable A. SRe Description Physical setting of overai! project, both developed and undeveloped arezs. 1. Present Iand use: i-lUrban I~lndustria[ I-']Commerciaj ~Residentiat ['suburban) ~Rurai {nc E]?orest ER]Agriculture iR]Other 2. Total acreage of project area: 2.5 acres. APPROXI,~tATE ACREAG~ PRE£EN~LY AFTER CO,MPLET Meadow or arushiand(Non-agricui:urat] (Beach 9ross) 2 acres 2 Forested acres - Agricultural (Includes orchards, cropiand, pasture, e[c.) acres Wedand (Freshwaler or tidal as per Ar:icJes 24, 25 of ECL) . i acres Wa~er Surface Area acres Unvegetated (Rock, earth or fill} acres Roads, buildings and o[her payee surfaces · [ acres Other (Indicate type) ~.~a~ap~ n9 .3 acres .3 3. Wha~ is predominant soil Wpe(5) ~n pro~ect site! a. 5oi1 drainage: ~WeJ] drainect 95 % of si~e ~,Moctera[eiy we] drained 2 .~~ ~Poorly drained ~ % of site b. 1[ any agricultural land is involved, how many acres of 5o~1 are classified within sod group t ~hr~ugh 4 o~ t Land CIassdicat~on System! n/a acre~. (See 1 NYCRR 370}. 4. Are there bedrock ou~croppzngs on prolec: s,te? ~Yes a. What ~s depth to bedrock? {in feet~ PROJECT DESCRIPTION Maintenance dredge channel within Halls Creek'and approach channel from Great Peconic Bay. A total of 980± 1.f. will be dredged. Channel in Peconic Bay is to be 75±' wide and dug to depth of 5' below MLW plus 1' overcut. Channel in Halls Creek is to be 2' below MLW with 1' overcut. Approximately 6000 c.y. will be hydraulically removed and placed on.ow~er's~land to west of creek mouth above MEW. Project was don~ previously by SCDPW. Copies of permits are attached. Multi-year maintenanca permit requested. 5. -Approxima~.e percentage of pl:opbsed proiect site with slopes: I~1Ci%'~ 100 % ~t0-15% ' .... 1~15% or greater . % 6. Is ~'roiect substantially contiguous to, or contain a building, site, or district, ~isted on the State ar the Nat Register~ of Historic Places? ~Yes ~o 7. N project substantially contiguous to a site listed on the Register of Nationa[ Natural Landmarks? ~Yes 8. What is the depth of the water table? , 4~ ~ (in feet) 9. Is site located over a primal, principal or sole source aquifer? ~Yes ~0. Do hunting, fishing or shelf fishing o~portunities presendy exist ~n the Droiect area? ~Yes ~Na ~. Does proiect site contain any spedes of plant o~ animal life that is identified as threatened or end~ng~ According t0 ~oy L. ~&~ Identify each species ~2. Xre there ~ny unique ar unusual land forms on the project site? (Lo., cfiffs, dunes, oth~r geofogic~t form~:~ ~No Describe 13, Is the project site presently used by the community or neighborhood as an open space or recreation a: [~Yes [3No If yes, explain Halls Creek used as a recreational waterway. 14. Does the present site inciude scenic views known to be important to the community? ~Yes 15. Streams within or contiguous to project area: N/A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wet[and areas within or contiguous to project area: a. Name ~l/~ 17. b. Size (In acres) ls the site served by ~'xisting public utilities? [']Yes I~No a} If Yes, does sufficient caD'aci:y exist to allow connection? I~Yes b) if Yes, wit[ improvements be necessary to allow connection~ I~Yes ENo 18. Is the sire ~ocated in an agricultural district certified pursuant to Agricuiture and ,~tarkets Law, Art;c'.e Section 303 and 304? ~Yes ~o 19. [s :he site ~ocated in or substanuat[V contiguous to a Critical Environmental Area designated pursuan: of the ECL, and 6 NYCRR 6177 ~Yes ~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ~Yes ~No 8. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate} a. Total contiguous acreage owned or controlled by proiect sponsor 2.5 b. Prelect acreage to be deve/oped: n/a acres initiaJb/: c. Proiect acreage to remmn undeveloped n/a acres_ d. Length of prelect, in re,les: n/a (If app,ro~riate) e. ~f :he pralec: is an expansion, ,ndicate percent of expansion proposed n/a t_ Number pi oH-street parking sp,~ccs ex~stmg n/a ; proposed g. Maximum vehicular trzps generated per hour n/a [upon compleuon el pralect~? h. tf res~dennat. Number and type oi housing un~ls: One Famdy Two Famdy Muiople Family tmt,aliV n/a Ult,man,lv Dimt,ns~ons (in ~eet} of targest proposed s£ruc£ure ~ he~t~ht: Linear reef or frontage a/ong a public thoroughfare prelect wdl occupy ~? w~dth; acres, acres uttimarely. Condominium tengrh ft. ,'"- N~.'~ to be removed. Sp~o,il'. much natural mater?F(i.e., rock, earth, etc.) will be removed fr~m the site~olaced on-sz~te. tons/cubic ya 2: How 3- W~I disturbed areas be reclaimed? r-ryes I~No ~- If. yes, for what intend. Z purpose is the site being reclaimed? b. Will topsoil be stockpiled for reciamation~ ~Yes ~No c. Wilt upper subsoil be stockpiled for reclamation? ~Yes ~No - 4. How many acres of vegetation (trees, shrubs, ground covers) witl be removed from site? ~ acres. 5. Will any mature forest [over 100 years oid) or other focaHwimportant vegetation be removed by this project? ~No months, [including demolition). month year, (including demotiti month year: [~Yes []No" ; after project is complete [~Yes f'~No If yes, explain 6. If singte phase project: Anticipated period of construction 1 7. If mu[ti-phased: a. Total number of phases anticipated n/a [number). b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d, Is phase 1 functional[y dependent on subsequent phases? 8- Will blasting occur during construction.~ []Yes t~No 9. Number of jobs generated: during construction R 10. Number of jobs eliminated by this project 0 11. Wit! proiect require relocation of any projects or facilities? 12. Is surface liquid waste disposal involved? I"]Yes a. If }'es, indicate type of waste (sewage, industrial, etc.~ and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [~Yes i~No.. Type 14. ;Viii surface area of an existing water body increase or decrease by proposal? :[~Yes Expiam Minor chanqe due to removal of shoal at mouth of 15. Is project or any portion of project located in a ]00 year ftaod siam? ~Yes ~6. Will the project generate solid waste? ~Yes a. If yes, what is the amount per month tons b. If yes, wi[[ an existing solid waste facility be used? ~Yes ~No c. If yes, give name ; [oc~tion d. Wi]] any wastes not go into a sewage disposal ~y~[em or into a e. ]f Ye~, expJ;in creek. ~Yes ~No 17. Wili the proiect involve the disposal of solid waste? ~Yes a. If yes, what is the anticipated rate of disposal? b. If yes, ~vhat is the anticipated site life? years. Will prolect use herbicides or pesticides? ~Yes I~No tons/month. 18. ~t9. Will proiect routinely produce odors (more than one hour per day)? [ZYes ~No 20. Will pro,ac: produce operating noise exceeding the Iocat ambient noise levets? [2]Yes 21. Wit[ prolecr result in an increase in energy use? ~Yes ~No If yes , indicate type[s) 2Z If w;ter su~y is from wells, indicate pumping capacity ~/~ gallons/minute. 23. Total ant~c;pated water u~age per day H,/A gallons/day. 24 Does proiect mvoJve Local State or Federal funding? ~Yes ~o ff Yes. ex~iam 2~.* ,.Approvals Required: · City, Town, Village Board rlYes ~No City, Town, Village Planning Board []Yes I-INa City, Town Zoning Board r-[Yes City, County Health Department I-JYes' I-INa Other Local Agencies I~Yes I-tNo Other Regional Agencies []Yes [~Ho State Agencies ~tYes J~No Federal Agencies J~Yes I-{1,4o Type C~DE Soction Subr~ Da 2/91_ C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? [Yes [~No _ If Yes, indicate decision required: I~zoning amendment r'[zoning variance r3.~peciai use permit [subdivision [~site plan r-;new/revision of master plan I'-Jresource management plan {-lather 2. What is the zoning c~assification(s)of the site? A-C 3. What is the maximum potentiaf development of the site if developed as permitted by the present zoning? N/A 4. What is the proposed zoning of the site? · 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/n 6 Is the proposed action consistent with the recommended uses in adopted local Iand use p[ans.~ r~Yes 7 What are the predominant [and use(s) and zoning classifications within a ;~ mite radius of proposed act;on~ A-C one-family dwellings 8 Is the proposed action compatible with adjoining/surrounding land uses within ,% ~ mile? 9. If the proposed action is :he subdivision of land, how many tots are proposed? N/A a, What is the mimmum Jot size proposed? 10 Will proposed action require any authorization(s) for the formation of $ewer or water district~? ~Yes X]~ 11 Will the proposed action crea£e a demand for any community provided services (recreation. education, .: fire protection)? , .r'J_yes iX]No a. If yes, is existing capacity sufficient to handle proiected demand.~ f-Tye$ ~iNo 12 WitI the proposed action result in the generation of traffic significantly above present Ievefs? a. If yes, is the existing road network adequate to handle [he additional traffic? i-lYes D. Informational Details Attach any additionot information as may he hooded to clarify your project, if there are or m%v be any impacts associated with your proposal, please discuss such impacts and the measures which you propose to m~tiS avoid them. E. Verification I certify that thc information prowded ,~bove is true ~o [he best of my knowiedue. AppiicanuSponsor Name ~] ~-c-~ric~ by En-Concultant£, /nc. Date 2/26/91 Signature Title President Roy a. ~a3e tf the action is in the Coasta| Area, and you are a state aRemcw, complete the Coastal Assessment Form before with [his as~;essment. TO WHOM IT MAY CONCERN: I authorize Eh-Consultants, Inc. to apply for permits on my behalf. /. j.