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Home My WebLink AboutTR-4527Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 45~ DATE: ..:9~28~95 ...... ISSUED TO .......... ,~im~ g er~)~, .~(~i-~...G~ ~i]mc~tk...LTelleadalfL Pursuant fo f~ provisions o{ Chapter 615 o{ the Laws of fee State of New York, 1893; and C.hapfer 4~ of the Laws of the State of New York 1952; and +he Soufhold Town Ordinance en- titled "REGULATIN~ AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" end in accordance wi~h the Resolution of The Board adopted afa meeting heJd on 19 ........ and in consldera+ion o~ the sum of $...~.~ paid by of N.Y. and subject +o the Terms and Cond[flons listed on the reverse side hereof, of Soufhold Town Trustees authorizes and permits the ~ollowlng: ~emove 63~ ~. oE ~beT ~etty ~d b~e~d a~d ~e~]~ce [=place w~t~ 63~ ].E:. oE ~mbeT As ~eT ~e~sed ~]~s d~ted 9/6/95. all in accordance with the defai~d speci~cafions as pre~nfed in fha origlnafing application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes ifs Corporate Seal fo be affixed, and these presents be subscribed by a maiorlfy of the sa~d Board as of +his daf,e. ...... .... ...... .......... ....................................... ~'""~'i'~';; ..................................... Albert J. Kmpsld. President f ~ :~:. ~, ~.~ ......... , Town Hall Martin II. Garrell ~ ~~' ~.~? Southold, New York 11971 Peter Wenczel ~'~ ~' z'~ ~,' ;~ Telephone (516) 765-1892 ~ Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD office Use Only Coastal Erosion Permit Application~r~% We_gland Permit Application {~andfather Pe~it Application T~stee Lands Pe~it Application ~ Waiver . ~e~ved Application. ~ ~ }TOWN ~Completed Applzcation ~%~ Incomplete SEQ~ Classification: ~e ! ~e II Unlisted ~ ordination:(date Sent) te of Inspection: Receipt of CAC Report:(date) Lead Agency Dete~ination: Technical Review:(date) ~ublic Hearing:(date)9/~/~ .... Decision: Approved (Y/~) ~date) ...Application Fee:$ Name of Applicant Wilmoth Uellond~h], ~moq~nor PoSnb Co Address P.O.Bo~ 22, Kimo~enor Point New Suffolk, NY 11956 Phone Number: ~16 ) 734-6720 Suffolk County Tax Map Number: 1000 -116-6-24 Property Location: Kimo~enor Point, New Suffolk, New York ~1956 (provide LILCO Pole 9, distance to cross streets, and location) Agent: 'En-Consultants, Inc. {if applicable) Address: 1329 North Sea Road Southampton, New York 11968 Phone:(516) 283-6360 Board of Trustees APplication GENERAL DATA Land Area (in square feet): 313,632 Area Zoning: RR Previous use of property: Resort Residential Intended use of property: Resort Residential Prior permits/approvals for site improvements: Agency Date 1-17-91 COE DEC 2-19-91 Southold Trustees 3-8-91 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): See attached PROJECT DESCRIPTION Remove and replace (IK/IP) 38 linear feet of bulkhead. Approximately 50 cubic yards of clean sand will be trucked in from an upland source for backfill. Remove and replace (IK/IP) 25 linear feet which will be jetty type construction without tie rods and deadmen. County of Suf{~!k DESCRIB~ P~IT(S) ~ ~T ALL ~ AS ~X BE APmROV~ BY ~E ~ISIN~ ~ OR BY ~R~E OF SAID COMPLKTiNG ~IS ~PLICATION, i AP~L I CATION . AUTHOriZATION Board o~ Trustees Application WETLAND/TRUS~EE LANDS APPLICATION DATA Purpose of the proposed operations: Erosion control Area of wetlands on lot: 0 square feet Percent coverage of lot: N/A % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? 50 cubic yards Depth of which material will be removed or deposited: 2 feet Proposed slope throughout the area of operations: 0% Manner in which material will be removed or deposited: Clean sand to be trucked in from upland source. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason os such proposed operations (use attachments if appropriate): No effect. ~ - ~ ~ FOR KIMO~ffHO~ ~OIN~ CO. ON To WHOM IT MAY CONCERN: This letter will authorize En-Consultan:s, Incorporated, to apply for permits on my behalf. ~ ' 617.21 SEQR PROJECT I.D. NUMBER I 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) I. APPLICANT ~'SPONSOR W'~ ilttoth Ue//enf~aJ1-L · i~r(~s2.. PROJECT NAME Kimogenor Point Co. by En-Consultant~, Inc. 3. PROJECT LOCATION: Municipality New Suffolk County Suffolk 4. PRECISE LOCATION (Street acidress and road intersections, prominent landmarl(%.e~c.,,o][ provide map) Kimogenor Point, New SuI~o-~ SCTM% 1000-116-6-24 5. iS PROPOSED ACTION: [~. New [] EXbansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: SEE ATTACHED 7. AMOUNT OF LAI~I_D AFFECTED: 2+- Initially 7.2- acres Ultimately 7 · acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTMER EXISTING LAND USE RESTRICTIONS? ~'~ Yes [] No If No, describe briefty 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~__ Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [~ Yes [] No if yes, list agency(s) and permit/apbrovals CeE, DOS, and Town of Southotd Trustees 11. ' DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? [] Yes [] No if yes. list agency name anc~ permitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes ~ No ~l CERTIFY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Aomicam,,po,sor ~/~/a~ Kj~og~e/~or Point Co. by En. Cons~ltants, Inc. o.,.: Auqust 31, 1995 ~ ~l~oth Uellendahl, ~resident 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 PROJECT DESCRIPTION Remove and replace (IK/IP) 38 linear feet of bulkhead. Approximately 50 cubic yards of clean sand will be trucked in from an upland source for backfill. Remove and replace (IK/IP) 25 linear feet which will be jetty type construction without tie rods and deadmen. ' ~ ENVIRONMENTAL 1995 SERVICES EN-CONSULTANTS, 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360 FAX NO. 516-283-6136 September 29, 1995 Town of Southold Trustees Town Hall 53095 Main Road Southold, NY 11971 RE: KIMOGENOR POINT CO., SCTM# 100-116-6-24 Dear Trustees: Enclosed please find copies of the Army Corps of Engineers Permit, Department of Sta~e Letter of Consistency, and Department of Environmental Conservation Permit allowing 38' bulkhead replacement with jetty type construction and 25' jetty replacement (IK/IP). An updated survey for the above referenced is forthcoming as per your request. Respectfully yours, Dianne K. Le Verrier Environmental Consultant Enclosures STATE Of NEW YOrk DePartmENt Of State ALBANY, NY 1223~-0001 September 15, 1995 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re: F-95~564 U.S. Army Corps of Engineers/New York District Permit Application #95-08830-L2 Kimogenor Point Co. Town of Southold, Suffolk County Dear Mr. Haje: The Department of State has received the information you provided on August 28, 1995 describing the above proposed project. We have been informed by the U.S. Army Corps of Engineers that your project was authorized under an~existing Nationwide Permit. Therefore, no further review is required by this Department. We appreciate your referring this information to the Department of State for review. Sincerely, William F. Barton Chief, Consistency Review and Analysis Bureau Division of Coastal Resources and Waterfront Revitalization WFB/WM/dlb cc: COE/New York D~strict - Denise Butts DEC/Region 1 - Robert Greene Q '~ DEPARTMENT OF THE ARMy ' ~ NEW YORK DISTRICT. coRPS OF ENGINEERS ~ ~ JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 OCT 2 ~,~ September 12, 1995 Eastern Permits Section SUBJECT: Application No. 95-08830-L2 by Kimogenor Point Company Ms. Dianne K. Le Verrier Environmental Analyst En-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Dear Ms. Le Verrier: On September 8, 1995, we received your request to modify the subject Department of the Armynationwide general permit, issued on August 29, 1995. This nationwide general permit authorized the replacement of 38 linear feet of timber bulkhead in-kind and in- place, 25 linear feet of an existing timber jetty and placement of approximately 50 cubic yards of backfill in Tuthill Creek, Great Peconic Bay. The site is located in New Suffolk, Town of Southold, Suffolk County, New York. In response to your written request, we hereby confirm that the replacement of 38 linear feet of timber bulkhead with jetty- type construction instead of the in-kind, in-place bulkhead replacement authorized in our original letter is still permissible under the nationwide general permit. All the other original conditions to which the authorized work was made subject shall remain in effect including the nationwide general permit expiration date shall remain in effect. Sincerely, ..~,~ ~- _ //// /~a.~_es W. Haggerty ~J ~ ~ef, Eastern Permits section New York State Departme~ "of Environmental Canservat~or Budding ~ - SUNY, Steny Bma~ ,~ew York 11790-~56 Phone (516) ~ 0365 September 15, 1995 Wilmoth Uellendahl, President Kimogenor Point Company New Suffolk Avenue New Suffolk, NY 11956 RE: 1-4738-00249/00005-0 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, Charles T. Hamilton Permit Administrator CTH/ls enclosure File NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-00249/00005-0 Septe~r~er 14, 1995 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATIOR DATE(S) U~er the Envfror~entaL September ~0, 1998 TYPE OF PERMIT ~ ~ew O Renewal D M~ificati~ O Permit to C~struct ~ Permit to O~rate Article 15, Title 5: Protecti~ · 6NYCRR 608: Water Quality D Article 27, Title 7; 6NYCRR of ~aters Certification Solid Uaste Manag~t Article 15, Title 15: Water O Article 17, Tit[~ 7, 8: $PDES D Article 27, Title 9~ ~YCRR Su~[y Hazardous Waste Ma~g~nt D Article 19: Air Pollution Article 15, Title 15: ~ater Control E Article ~: Coastal Erosion Trans~rt Hanag~t O Article 2~ Title 2~= Hfn~ La~ Article 15, Title 15: Long RecL~ti~ D Article ~6: [s[a~ UeL[s Manag~nt ~ Article 24: Freshwater ~etLa~s Article 15, Title 27: gild, D Articles 1, 5, 17, 19, 27, Scenic a~ Recreati~aL Rivers ~ Article ~: Tidal UetLa~ 6NYCRR ~80: Radiation C~tro[ Other: PERMIT ~SSUED TO TELEPHONE NUM~ER Kimogenor Point C~any, ~iL~th UeLLe~ah[ (516) ~4-6720 ~DRESS OF PERMITTEE New Suffolk Avenue, Hew Suffolk CONTACT PERSON FOR PERMITTED ~RK TELEPHONE NUMBER En-Consu[tants, 1329 North Sea Road, S~tha~ton, Hew York 11968 (516) 28~-~60 N~E AND ~DRESS OF PROJECT/FAC]LITY _Kimogenor Point Co.any LOCAT[~ OF PROJECT/FACILITY New suffolk off K~genor Point Road C~NTY TO~ WATERC~RSE NYTM C~RD~NATES Suffolk Southo[d Great Peconic Bay Re.ye 6~~ Linear feet of tier jetty a~ ~[khead a~ replace in-place with ~ Linear feet of ti~er jetty. PLace approxi~te[y 50 cubic yards of clean sa~. ALL work shall ~ done according to plans prepared by En-C~suLtants Last revis~ Septet 6, 1995 a~ sta~ NY~EC Approv~ on Sept~er 14, 1995. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict co~[iance with the ECL, all applicable regulations, the General C~itions specified (see page 2) and any Special Conditions included as part of this permit. PERMIT ADMI N I S~TO~ ~,.~ ADDRESS September 15, 1995 Page 1 of 4 1. The pemaitted site or facility, i~l~i~ relev~t ~rds, s~tim at reaso~ble ~rs a~ intervals ~ ~ aut~riz~ repr~entative of t~ ~rb~unt of ~ir~.~ntal ~er~ti~ (t~ ~r~t) to dete~i~ ~ther the ~ittee is ~lying with this ~it a~ t~ ~. ~ represen- tative ~y order the ~rk sus~ ~rs~t to ~ 71-~1 ~ ~A ~1(3). A ~ of this ~it, i~l~ing all refere~ ~ps, dr~s ~ s~ial ~iti~s, ~st ~ ~ilable for i~ti~ ~ the ~r~unt at all ti~s at t~ proj~t site. Failure to pr~uce a ~ of t~ ~it ~ r~st ~ a ~rQ~nt representative is a violatim of this ~it. ~t ~ ~ ~is 2. ~ ~r~unt rese~es t~ ri~t to ~i~, sus~ or r~o~ this ~it ~n: a) the sm~ of t~ ~itt~ activity is ~c~ or ~itim of t~ ~it or pr~isi~ of t~ ~ ~ ~rti~nt r~la- ti~ is f~; b) t~ ~it ~s ~tai~ ~ misr~r~tatim or failure to disclose relevant facts; c) ~terial infoznatim is discern; or d) e~iro,,untal ~itims, rel~t t~l~, or a~li~ble I~ or r~ul~tion ~ve ~terially ~ si~ the ~it ~s iss~. 3. ~e ~itt~ ~t s~i~ a serrate ~itt~ appli~tim to t~ ~rb~nt for renal, ~ifi~tion or transfer of this ~it. ~ch appli~ti~st i~l~e a~ fo~, fees or suppleYental infos.~tion the ~r~t r~uires. r~l, ~ifi~tion or tr~sfer gr~t~ by the ~parb~unt ~t ~ in~iting. 4. ~e ~itt~ ~st s~it a renal a~li~tim at least: a) 1~ d~s ~fore ~piration of ~its for State ~llutant Disc~rge El imi~tion ~st~ (~), ~zardous ~ste ~ge~t Facilities (~), ~jor Air ~llution ~ntrol ~) a~ ~lid~ste Facilities (~); a~ b) ~ d~s ~fore ~pirati~ of all other ~it t~s. ' 5. ~less ~ressly pr~id~ for ~ the ~rb~unt, iss~ce of this ~it d~s ~t ~ify, su~rs~e or resci~ a~ order or dete~ination ~rvi~sly issu~ the ~r~unt or a~ of the te~n~, ~itions or requiru~'unts mntain~ in such order or dete~ination. ~r L~I ~1 i~ti~ of ~ttm 6. ~e ~ittee ~s accept~ ~pressly, ~ the ~ution of the appli~tion, the full I~al res~nsibility for all da~uges, direr or i~ir~t, of ~tever ~ture a~ by ~ver sufferS, arisi~ '~t of t~ proj~t descri~ in this ~it a~ has agre~ to i~umif? ~ save ~less the State fr~ suits, actions, d~ges a~ rests of every ~'~u ~ descriptim resulting fr~ this proj~t. 7. ~is ~it d~s ~t m~ey to the ~ittee a~ ri~t to tres~ss u~ t~ la~s or interfere with the ripari'~ rights of or.rs ~mitt~ ~rk ~r d~s it aut~rize the i~ai~'n'unt of a~ rights, title, or interest in real or ~rso~l pro~rty held or vest~ in a ~rson mt a party to t~ ~it. 8. ~ ~ittee is res~nsible for obtaining a~ other ~its, appr~als, I~s, easu~unts a~ rights-of~ that nuy ~ r~ir~ for this proj~t. Page 2_ of 4 ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34 and 6 NYCRR Part 608( ~IDAL W~TL~ ) 9 That if future operations by the State of New York require an al- other environmentally deleterious materials associated with the if, in the opinion of the Department of Environmental Conservation 13. Any material dredged in the prosecution of the work herein permitted waters or flood flows or endanger the health, safety or welfare of the bed of a waterway or floodplain or deep holes that may have a 14, There shall be no unreasonable interference with navigation by the work thereby without expense to the State, and if, upon the expiration or modification of the watercourse hereby authorized shah not be com~ 15. If upon the expiration or revocation of this permit, the project hereby pleted, the owners, shall, without expense to the State, and to such authorized has not been completed, the applicant shall, without expense and flood capacity of the watercourse. No claim shah be made against to its former condition. No claim shall be made against the State of 10 That the State of New York shah in'no case be liable for any damage 16. ]f granted under 6 NYCRR Part 608, the NYS Department of Environ- or injury to the structure or work herein authorized which may be caused menta[ Conservation hereby certifies that the subject project will not no claim or right to compensation shall accrue from any such damage. (PL 95-217) provided that all of the conditions listed herein are met 11 Granting of this permit does not relieve the applicant of the responsi- 17. All activities authorized by this permit must be in strict conformance bility of obtaining any other permission, consent-or approval from with the approved plans submitted by the applicant or his agent as part the U,S, Army Corps of Engineers. U.S. Coast Guard, New York State of the permit application. Office of General Services or local government which may be required. Such approved plans were prepared by of any wet}and or waterway by suspended solids, sediments, rue)s, on SPECIALCONDITIONS 1. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected Buffer areas. 2. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. 3. All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads etc. shall be completed prior to placement of any fill material behind such structures. Supplementary Special Conditions (A) through (F) attached. 1-4738-00249/00005-0 Page 3 of 4 SU~-~LEMENT~RY SPECIAL CONDITI~_~S The following conditions appl~ to all Tidal Wetlands; Freshwater Wetlands; Coastal Erosion Management; and Wild, Scenic, and Recreational Rivers Permits= A. A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has been completed. B. The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special, and supplementary special conditions. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental'Conservation Law. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516) 444-0365. C. If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan-changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submission of a new application for permit. D. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, asurvey. E. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to recommencing work in subsequent years. F. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. DEC Permit No. 1-4738-00249/00005-0 Page 4 of 4 Sion], BrOOk, NY 117.90-23S6 ' ' PERMIT NO.t ISSUED TOt CONTRACTOR NAME; / ADDRESS; TELEPHONE; Pursuant to Supplemtnttu7 ~ptdal Comlltion D of lite referenced permit, you are hereby notified that the authorized aclJvJly shall commence on . We certify that we bare read lite referenced pemdt and appro¥cd plans, attd fully understand the authorized project attd ali permit conditions. We have it=p~cted lite prelect site and Call coltlplete the project as described Itl tile permit and del)|cled oil lbo aPl)rOVed i)lans Ill full COmllllance wilh all plan IlolCs and permit conditions. 'lller Permit Sllilh permit, arid approved plaits will be available at the site for Inspcctio, In accordance wldt General Condition No. I. PERMITI'I~B · ' DATE CONTRACTOR DATE TIllS NOTICE MUST Bll~ SENT FO TIlE ABO¥1~ ADDRI~SS AT LBAST FIFO DAF$ ilV A~V~C~ OF COMM~NC~M~N~ O~ FIIB PROJECT. FAILURB TO RBTURN Tills NOTICB, POST TH~ PRR~HT 81GN, OR IIAVB TIlE PBR~HT AND APPROVBD P~NS A VAI~BLH AT TllH WORK ~lTB MAY SUBJECT TllB pHRAIIITRR A~nl~ ~n~o~,~ ........... ~ ....... ~ Z ' ~ N~ SUF~LK ~ ~_ ~ P~ = 3000' ~.~K~os~:~o~toN CoNT~o~ G~EAT ~E~oNIC ~AN~ G. ~ ~A CeNT 0~5 : ~Mc< ~Ot,~:~. N Y S D ~ C ...,,~' .~ -o,-o; ~o?o~ ~,~ ~:e~7 D ~z h~(~y y'.,. T~g co~sv~cv~o~ ~ r~ ,~ ~ !I \~!! ~. ~ ENVIRONMENTAL Z EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360, FAX NO. 516-283-6136 September 6, 1995 Board of Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: KIMOGENOR POINT CO., DEC# 1-4738-00249/5-0 Dear Trustees: Would you kindly amend the above-referenced submitted on August 24, 1995 to allow a total of 63' jetty type Construction rather than 38' bulkhead removal and replacement (IK/IP) and 25' jetty removal and replacement (IK/IP); revised plans are attached hereto. Thank you. Respectfully yours, Dianne K. Le Verrier Environmental Analyst Attachments STATE OF NEW YOrk DEPARTMENT OF STATE ALBANY, NY 12231-0OO~ ALEXANDER F. TRE~DWELL August 30, 1995 En-Consultants, Inc. 1329 North Sea Road Southampton, N~Y 11968 Re: F-95-564 U.S. Army Corps of Engineers,5',rew York District Permit Application Kimogenor Point Co:, Town of Southold Request for Additional Information Dear Mr. Ha]e: Thank you for submitting the Federal Consistency Assessment Form (FC,a~F) and supporting information regarding the proposed replacement of bulkhead and jetty at the applicant's parcel. However, the Department of State (DOS) is concerned with various items and requests additional information. Pursuant to 15 CFR 930.58, the following data and information is necessa~ to enable the Department of State to adequately assess the coastal zone effects of this proposed project. · Enclosed, please find a copy of your submitted Federal.Consistency Assessment Form (FCAta~. Although the proposed project is not located within a designated significant habitat, C. COASTAL ASSESSMENT 2.c., was checked as "YES." Please review the enclosed information and check this items as "NO." -Although the proposed action would not occur within a desi~ated significant habitat, information at the Department of State indicates that the area of proposed bulkhead replacement would be Mthin a Least Tern nesting area (as described within the Draft Long Islands' Beach-Nesting Shorebird Habitat guide, copy of relevant sections enclosed). Therefore, in order to minimize impact to nesting terns, please agree not to performed the proposed work during the period iVfay 15 - July 31 of any year {n which the proposed work would occur. Please. agree to this condition within your written response to this letter. · Please submk a few photographs of the site and portions of the bulkhead to be replaced. Photograp~ would enable DOS to evaluate existing conditions of the bulkhead and immediate area of the proposed construction. Pursuant to 15 CFR 930.60(a), the rev/ow of your consistency certification will begin after we receive and determine that the necessary data and information is adecluate to assess coastal zone effects. Any additional information which you believe w/Il facilitate our consistency review of this project would be appreciated. Page 2 A copy of this letter has been sent to the U.S. ,Army Corps of Engineers. Please call me at (518) 474--6_~000 if you have any questions. " Sincfirel,~ ~./ - . Coastal Resources Specialist Consistency Review Unit DMsion of Coastal Resources and Waterfront Revitalization Enclosures WFM/wfin cc: COE/New York District - Sophie Ettinger NYS DEC/Region 1 - Robert Greene Town of Southotd Kimogenor Point Co., New Suffolk Avenue, New Suffolk, ~ 11956 file , ! Town Hall, 5309,5 Main Road Telephone P.O Box 1179 (516) 765-1502 Southold. New York 11971 SOUTI~OLD TOV~N ~' ~ CONSERVATION ADVISORY COUNCIl;: At a meeting of the Southold Town Conservation Advisory Council held Thursday, September 21, 1995 the following recommendation was made: GF-9 Moved by Allan Connell, seconded by Stephen Angell, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAl_ of the Crandfather Permit of KIMOCENOR POINT CO. (by Wilmoth Uellendahl) 116-6-2a~ to remove and replace, in kind/in place, 39 I.f. of bulkhead. Approximately 50 c.y. of clean sand will be trucked in from an upland source for backfill. Removed and replace, in kind/in place, 25 I.f. which will be jetty type construction without tie rods and deadmen. Kimogenor Point, New Suffolk Vote of Council: Ayes: All Motion carried