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Home My WebLink AboutTR-4741Albert J. Kmpsld, President ~'~ ~"~ ~,. 53095 Mnin Road John HolzapfeL Vice ~esident Jim King ~ ~ ~~ ~ P.O. Box 1t79 M~n H. G~ell ~ ~~ Sou~otd, New York 11971 Peter Wenczel ~f~~ Telephone (510) 765-1892 ~~ F~ (516) 765-1823 BOARD OF TO~ TRUSTEES TOWN OF SO--OLD office Use Only Coastal Erosion permit Application ~tland Permit Application Grandfather Per~t Application Waiver/~en~ent/C~anges ~ece~ved Application: ~ceived Fee: $ /~0 ............ ~Completed Application ~ -Incomplete .... SEQ~ Classification: ~e I ~e II Unlisted Coor~nation: (date sent) SAC Referral Sent: Date of Inspection: .~;~ ~'Receipt of CAC Report: ..Lead Agency Dete~ination:__ TeChnical Review: .P~lic Hearin~ Held: ~D{~7 Resolution: Name of Applicant Richard Cartwriqht Address 27 Biscayne Drive, Huntington, NY 11743 Phone Number:(516) 427-2202 Suffolk County Tax Map Number: 1000 - 117-10-20.9 Property Location: 22 Second Street, New Suffolk,NY 11956 (provide LILCO Pole $, distance to cross streets, and location AGENT: En-Consultants, Inc. (If applicable) Address: 1329 North Sea Road Southampton, NY 11968 Phone: 283-6360 FAX$: 283-6136 /- B~ard of Trustees pp., at~c--' GENERAL DATA Land Area (in square feet): 6000 Area Zoning: Residential Previous use of property: one family dwelling Intended use of property: no change Prior permits/approvals for site improvements: Agency 'Date x 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 Has any permit/approval ever been revoked or suspended by a governmental agency?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 ~ B~=rd of T~stees Appl.~tio, WETLAND/TRUSTEE LANDS A~PLICATION DATA Purpose of the proposed operations: erosion control Area of wetlands on lot: 0 square feet Percent coverage of lot: 17 % 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? 0 cubic yards How much material will be filled? 25 cubic yards Depth of which material will be removed or deposited: 2± feet Proposed stope throughout the area of operations: flat Manner in which material will be removed or deposited: Trucked in, dumped & graded Statement of the effect, if any, on the wetlands and tidal wa~ers of the town that may result by reason of such proposed operations (use attachments if appropriate): No effect uDon tidal wetlands or waters Y < B~rd of TrUStees Appl~tio ' COASTAL EROSION APPLicATIoN DATA N/A Purposes of proposed activity: Are wetlands present within 75 feet of the proposed activity? No Yes Does the project involve excavation or filling? No Yes If Yes, how much material will be excavated? (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attackments if necessary) county of Suffolk Sta~ of New York Richard Cartwriqht BEING DULY ~WOP~N DEPOSES AArD AFFIRMS THAT HE/S~R. IS ~ ~P~ F~ ~ ~ ~UE ~ ~ B~ OF HIS/~ ~O~ ~ B~, ~ ~T ~L WO~ WILL BE D~ ~ ~ ~ ~ FOR~ ~ '~'"~S ~TI~ ~ ~LI~ A~ ~ HO~ ~ ~ OF SOb~O~ ~ ~ TO~ · I'~US~S ~S ~ ~ ~OM ~ ~ Arm ~ ~ ~S TO I~S~E~ ~ P~SES IN CON~ON WITn ~ OF ~pLI~TION. [/ Nc =az--I Pubi£c GAl STRATTON Notary ~=ubl:... Sta~e of New York Qu~iified i'n Suffo~[< Coun~ _ ~/ Commission Expires July 31, 1 ~ {where the applicant is not the owner) owner of Eh-Consultants, Inc. do her~y au~orize { Aqent ) En-Consultants, Inc. tO apply for pe~it(s) from the Southoid Board of Town Trustees on m~ behalE o · Project Description Replace (within 18") existing 15' and 33' retaining walls. Backfill with approximately 25 cubic yards clean sand to be trucked in from upland source. Adjacent owner Robbins has been approved for replacement within 18". Adjacent Owners To north: Edward Wetzel & Wife 90 Nassau Rd. Massapequa, N.Y. 11758 Frank Brophy & Wife P.O. Box 202 75 2nd Street New Suffolk, N.Y. 11956 To east: Gerard Grathwohl & others 295 Fanning Rd. New Suffolk, N.Y. 11956 To west: Newton Robbins Box 147 New Suffolk, N.Y. 11956 14-16~~ (2187)--Text 12 { PROJECTLD. NUMBER ~ { Appendix$i'~':21c SEQR 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 ISPONSOR I 2. PROJECT NAME RICHARD CARTWRIGHT BY EN-CONSULTANTS, 1NC. 3. PROJECT LOCATION: Municipality I~[W SLa~I.~OLK County SUFFOLK 4. PRECISE LOCATION (Street address and road intcrse~-ffions, prominent landmarks, etc., or provide map) 55 SECOND STREET, NEW SUFFOLK, N.Y. 11956 SCTM#1000-117-10-20.9 5. IS PROPOSED ACTION: [] New [] Expansion [] Modificatio n/a Reration 6. DESCRIBE PROJECT BRIEFLY: SEE ATTACHED 7. AMOUNT OF LAND AFFECTED: Initially .138 acres Ultimately .lg3 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? []Yes [] No If No, describe briefly 9. WHAT IS PRESENT I_AND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commeroial [] Agriculture [] ParklForestlOpen 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/approvals COE, DOS, TOWN' OFSOUTHOLD 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? []Yes [] No if yes, list agency name and permit/approval L~I'I'P2( OF NO JURISDICTION DATP_~ JUNE 26, 1982 ATrAC}ik2) 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFiCATiON? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ROY' L. ~ - P~S]D]~F Date: 4/17/97 Signature: 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 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Edward Wetzel & Wife 90 Nassau Rd Massapequa, NY 11758 Frank Brophy & Wife P.O. Box 202 New Suffolk, NY 11956 Gerard Grathwohl & others 295 Fanning Road New Suffolk, NY 11956 Newton Robbins Box 147 New Suffolk, NY 11956 u, STATE OF NEW ~O~ CO~ OF Roy L. Haje , ~~ doing business at:1329 North Sea Rd., Southampton , being duly sworn, deposes ~d says the= on the 21 day of April ,19 9~ , deponent mailed a ~rue co~ of ~e No~ce set for~ in Applicanion, ~irected to each of the ~ove n~ed parsons at the ad~sses se= opposits =hare resuective ad. asses ss~ opposite abe n~es of s~d perso~ ~e ~e ad. ess of said persons as shown on the c~rent asses~en= roll of ~e Town cf Sou~ald; that said No=ices wers mailed at ~e United States 9ost Office at Southampton , that said Notices were mailed to each of said perso~ by (certified) (registered) mail. Sworn.to~efgre me this ~'9 1 g~ P~tic Albert $. Krupski, President ,O~ I Town Hall 53095 Main Road John Hohapfel, Vice President ~,~ P.O. Box 1 t79 Jim King ~ Sou~old, New York 11971 Martin H. Garrell Peter Wenczel ~e~a Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application COUNTY OF SUFFOLK) STATE OF NEW YORK} AFFID~OF POSTING bein~ duly swdrn, ~epos~ and say: h ~r'~ of ~ That on t e day .p~ , 1_9~6, I personally_posted the property known as ~ ~P~ ~ ,~ ~cO .~ ~__ by placing the Board of Trustees efficial poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing. (date o~ hearing noted thereon to be held Dated: ~nature ) $wo~.r~ .to before me this .~ .... Nota~/~tic Board Of $outhold Town Trustees SOUTHOLD, NEW YORK ISSUED TO Richard. Cartwright ..... Pursuant fo the provisions of Chapter 615 of ~he Laws of the Sfa+e o~ New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Soufhold Town Ordinance en- titled "REGULATING AND THE PLACIN~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolufion of The Board adopted afa meeting held on .. Ma~..28 ..... 19...9~, and in Consideration of the sum of $...15~.~0 paid by of ' N.Y. and subject fo the Terms and Cond~flons llsfed on +he reverse side hereof, of Soufhold Town Trustees au+horlzes and permlfs the following: to ~epl~ce ~8~ cE bulAAe~ place ~5 c.~. cE clea~ E~I ~s s~ow~ on ~e ~lAns d~te~ A~il g~, 1997 w~t~ all in accordance with the detailed specifications as pre~nfed in the origlna+ing application. IN WITNESS WHEREOF, The said Board of Trustees h~re- by causes ifs Corporate Seal fo be affixed, and these presents be subscribed by a majority of the said Board as of +his da~e. T~tee~ June 2. 1997 George E. Patald 51997 Alexander F. Treadwell Roy L. Haje, President _. Eh-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re: F-97-319 U.S. Army Corps of Engineers/New York District Permit Application #97-05250-L2 Richard Carrwright, Peconic Bay Town of Southold, Suffolk County DEC #;[-4738-01593/00001 Dear Mr. Haje: The Department of State has received the information you provided on April 28, 1997 describing the above proposed project. We have been informed by the U.S. Army Corps of Engineers that a Department of the Army permit will nor be required. Therefore, no further review is required by this DeparrmenL We appreciate your referring this information to the Department of State for review. William F. Barton Chief, Consistency Review and Analysis ~lq~:WF:dlb cc: COE/New York District - Denise Butts DEC/Region 1 - Regional Permit Administrator Town of Southold - Albert J. Krupski, Jr. Albert J. Krupski, President ff~ Town Hall John Holzapfel, Vice President Ieee 53095 Main Road P.O. Box 1t79 Jim King ~k~.,~..l~ Southold. New York 11971 Martin H. Garrell Peter W enczel ~{t./j'~'~ Tel ephone (516 ) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 3; 1997 Eh-Consultants. Inc. 1329 North Sea Road Southampton, NY 11968 Re: Richard Cartwright SCTM %117-!0-20.9 Dear Mr. Haje: The following action was ta_k~n by the Board of Town Trustees during its regular meeting held on Wednesday, May 28, 1997 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of RICPLARD CARTWRIGHT applied to the Southold Town Trustees for a permit under the provisions of the Wetland O=d~uance of the Town of Southotd, application dated April 24, 1997. and, WHEREAS, said application was referred to the Southotd Town Conservation Advisory Council for their fiDd4ngS and recommendations, and WHEREAS, a Public Hearing was held b5/ the Town Tr%tstees with respect to said application on May 28, 1997, at which tim~ all interested persen~ were given an opportunity to be hearst, and, WHEREAS, the Beard memb~z~ have personally viewed an~ are familiar with the prem%'.qes in questio/z and the s%trrounding ar~a, and, WHEREAS, the Board has considered all the testimony and documentation submitted co~c~n~ th~ application, arml, WHEREAS, the structure comDlie~ with the standar~ set forth ill Chapter 37-18 of the Southcl~l Town COder WHEREAS, the Board has determS~ed that the p~oject as propose~i will not affect ~ health, safety and general welfare of the people of the town, NOW THERRVORE BE IT, Town Hall, 53095 Main Road P.O. Box 1179 Telephone 8outhold, New York 11971 (516) 765-1801 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL The following recommendation was adopted at a meeting of the Southold Town Conservation Advisor`/ Council held Monda,/, Ma,/ 19, 1997: No. 1452 RICHARD CAR]WRIGHT 117-10-20.9 to replace (within 18") existing 15' and 33' retaining walls; backfill with approximatel,/ 25 c.,/. of clean sand to be trucked in from an upland source. Located 22 Second Street, New Suffolk Moved by Robert Keith, seconded b,/ Shannon Reid,/, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH THE STIPULATION that there be a non-turf buffer. Vote of Council: A,/es: Ali Motion Carried ~ DEPARTMENT OF THE ARMY ,/ NEW YORK DISTRIC~ cORPs OF ENGINEERS JACOS K, JAVAS FEDERAL BUILDING NEW YORK, N.~ 10278-0090 ,~,LYTO April 30, 1997 Eastern Permits Section SUBJECT: Application No. 97-05250-L2 by Richard Cartwright Richard Cartwright c/o Eh-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Dear Mr. Cartwright: On April 29, 1997, the New York District, U.S. Army Corps of Engineers, received a request for Department of the Army authorization to replace 48 linear feet of retaining wall and place approximately 25 cubic yards of backfill from an upland location. The site is in Little Peconic Bay located at New Suffolk, Town of Southold, Suffolk County, New York. All work will be performed above the spring high tide line. Our review indicates that the proposed work does not appear to include dredging or construction activities in or over any navigable waters of the United States, the placement of any dredged or fill material in any waters of the United States (including coastal or inland wetlands) or the accomplishraent of any work affecting the course, location, condition or capacity of such areas. Therefore, a Department of the Army permit will not be required. Care should be taken so that any fill or construction materials, including debris, do not enter the waterway to become a drift or pollution hazard. You are to contact appropriate state and local goverr~ment officials to ensure that the subject work is performed in compliance with their requirements. If any questions should arise concerning this matter, please contact Denise Butts, of my staff, at (212) 264-3913. Sincerely, Enclosure .,New*.Y°rk State Departn~ f::lt of Environmental Conserva..J'n Building 40 - SUNY, Stony Brook, New York 11790-2356 Telephone (516) ~.~?.-0365 Facsimile (516) ~,~.~ 0360 $ohn P. Cahill Acting Commissioner April 30, 1997 Mr. Richard Cartwright 27 Biscayne Drive Huntington, NY 11743 RE: 1-4738-01593/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit~ Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, Kevin A. Kispert Environmental Analyst KAK/ls enclosure NEW TORE STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER / ~ ~'~' [ CTIVE DATE PE IT 1-~'738-015~/00001 ~,~ A~L 30, 1997 FACILITY/PROGRAM NUMBER(S) EXPIRATION DATE(S) Under the Environmental April 30, 2000 Conservation Law TYPE OF PERMIT I Heu O Reneua[ ~ ~ific~tian U Pemit to Construct ~ Pe~it to ~ O~rate ArticLe 15, Titte 5: Prot~ti~ I 6NYCRR 608: ~ater Ouatity ~ ArticLe 2~, T~tte 7; 6NYCRR 360: of ~atecs Certification SoLid Uaste Hanag~nt ArticLe 15, Title 15: ~ater D Article 17, Titles 7, 8: SPDES D Article 27, Title 9; 6NYCRR 3~: Su~[y ~azandous ~aste Ha~g~nt Q A~tic[e 1~: Air Po[Julian A~tic[e 15, Title 15: ~ater Control U Art{cie ~4: Coastal E~osion B Article ~, Title 27: Hin~ La~ Q Article 15, Title 15: Long Rec[a~tion D Art{cie ~6: F[o~p[ain [s[a~ ~e[[s Hanag~t D Article 24: Freshuater ~et[~s D A~tic[e 15, Title 27: Ui[d, D A~tic[es 1, ~, 17, 19, 27, 57; Sc~ic a~ Recreational Rivers B Article 25= Tidal ~et[a~s 6NYCRR ~80: Radiation ContFo[ D Other: PE~[T [SSUED TO TELEPEO~E HUHBER Richard Carturight (516) 427-~02 ADDRESS OF PERH[TTEE 27 Bisca~e Dr~ve, H~ti~ton, NY 117~] CO~TACT PERSON FOR PERMITTED ~RK TELEPHONE NUHBER R~ L. Haje, E~onsu[tants~ inc., I~2~ North Sea Road, South~ton, HY 119~ (516) 2~-~0 HAHE AND ~DEES$ OF PROJECT/FACiliTY CartuPight pro~rty, 55 Seco~ Strut LO~T[O~ OF PROJE~/FAC[L~TY Neu Suffolk, ~Y 11~56 C~NTY T~N ~ ~ATERC~RSE NYTH C~RDINATES I SuffoLk Southotd DESCR[PT[ON OF A~OR[ZED ACT[V[~ R~tace 48~ of ~[~e~ ai~hin 18" of existing ~tkhead a~ place 25 c~ic ya~ of clean fiLL as sho~n on the pta~ p~e~ ~En-Co~uLtan~s Last ~evis~Ap~i[ 2~, 1~5, a~YSDEC a~rov~ ~Ap~[ 25, 1~7. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict c~m~liance with the ECL, all aFplicab[e regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS Roger Evans Building 40, SUNY, RoOm 219, Stony Brook, NY 117g0-~356 April 30, 1~? Page 1 of 4 ~R~RAL CUNOITIONS Inspec%jons ' 1. Ti~ permitted site o~ 'facility. inclUding relevant records, is subject to in- spection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such represen- tative may order the work suspended pursuant to ECL 71-0201 and SAPA 401(2). A copy of th~s permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Permit Changes and Renewals 2. The Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regula- tions is found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. 2. The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms, fees or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. 4. llae permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 20 days before expiration of all other permit types. 5] Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination perviously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. Other Legal Obligations of Permittee 6. llqe permittee has accepted expressly, by the execution of the application, th6 full legal responsibility for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of the project described in this permit and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from this project. 7. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required for this project. 95 20~a (7!92}--25c. / ~ X i' TIDAL WETLANDS ADDITIONAL~GENERAL ~ONDITIONS FOR ~, ]:LES 15 (Title 5), 24, 25, 34 and 6 NYCRR Par[ 6_~ 9. That if future operations by the State of New York require an al- other environmentally deleterious materials associated with the teration in the position of the structure or work herein authorized, or project. if, in the opinion of the Department of Environmental Conservation 13. Any material dredged in the prosecution of the work herein permitted it shah cause unreasonable obstruction to the free navigation of said shall be removed evenly, without leaving large refuse piles, ridges across 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 the people of :be State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of resources of the State, the owner may be ordered by the Depa~ment to a wate~ay. remove or alter the structural work, obstructions, or hazards caus~ thereb~ without expense to the State. and if, upon the expiration or 14 There shah be no unreasonable interference with navigation by the work revocation of this permit, the structure, fill, excavation, or other herein authorized. modification of the watercourse hereby authorized shall not be corn- 15. If upon the expiration or revocation of this permit, the project hereby . p]eted, the owners, shall, without expense to tbe State, and to such aut~riz~ h~ not been completed, the applicant shali, wi~out expense extent and in such time and manner as ~he Department of Environmental to the State, and to such extent and in such time and manner as the Conse~ation may require, remove alt or any poRion of the uncompleted Department of Environmenta[ Conservation may require, remove all structure or fill and restore to its former condition the navigable any portion of the uncompleted structure or fill and restore the site and flood capacity of the watercourse. No claim shall be made against to its former condition. No claim shall be made against the State of the State of New York on account of-any such removal or aJteration. New York on account of any such removal or alteration. 10 That the State of New York shall in'no case be liable for any damage 16. If granted under 6 NYCRR Part 608, tbe NYS Department of Environ- or inju~ to tbe structure or work herein authoriz~ which may be caused mental Consewation hereby ce~ifies that tbe subject project will not by or result from future operations undertaken by the State for th~ contravene effluent limitations or other limitations or standards under conservation or improvement of navigation, or for other purposes, and Sections 301, ~2, 303, 306 and 307 of the Clean Water Act of 1977 no claim or right to compensation shall accrue from any such damage. (PL 95~217) provid~ that ail of the conditions ]isted herein are met 11. Granting of this permit does not relieve the app]icant 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 approv~ plans s~bmitted 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 Sewices or local government which may be requi~d. Such approved plans were prepared by ~ON~ 12. Alt necessary precautions shah be taken to preclude contamination of any wetland or waterway by suspended solids, sediment, fuels, ~0~ on 4/25/97 solvents, lubricants, epoxy coatings, paints, concrete, [eachate or any SPECIALCONDITIONS 1. Any debris or excess material from construction of this project shall be completely removed from the adjaqent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 2. All fill shall consist of "clean" sand, gravel, or soil (not asphalt, flyash, broken concrete or demolition debris). 3. All peripheral berms, cofferdams, rock revetments, seawalts, gabions, bulkheads etc. shall be completed prior to placement of any fill material behind such structures. 4. All fill must be graded to match the elevation of the land immediately adjacent to the bulkhead. 5. The new bulkhead shall be constructed within a maximum of 18" seaward of the structure, measured from face of old sheathing to face of new sheathing (as shown on the approved x-section). 6. Bulkhead constructed directly adjacent to vegetated tidal wetlands shall be jetted in with no disturbance to the tidal wetland. Trenching is strictly prohibited. 7. All repairs to existing structures shall be confined to replacement of existing elements with no change in design, dimension, or materials, unless specifically authorized herein. ]-4738-0]$93/0000] SUPPLEMENTARY SPECIAL CONDITIONS (A) THROUGH (F) ATTACHED. PROGRAM FACILITY NUMBER Page 3 of 4 The following conditions apply to all Tidal Wetlands; Freshwater Wetlands; Coastal ~ '~sion Management; and Wi:~ Scenic, and ~ - Rec.=atlonal Rivers permits: J A. A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work i~ 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 w~iting, 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. 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, a survey. 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 encroac~h~ent upon State-owned lands underwater. DEC Permit No. 1-4738-01593/0000! Page 4 of 4 April 30. 1997 George E. Patakl Gcroernor Alexander E Treadwell Secretary of State Roy L. Haje, President Eh-Consultants. Lac. i329 North Sea Road Southmmpton. NY t i968 Re: F-97-319 U.S. Army Corps of Engineers/New York District Permit Application - Richard Cartwright, P'ecouic Bay Town of Southold, Suffolk County Acknowledgement of Federal Consistency Assessment Form Dear Mr. Haje: The Department of State received your Federal Consistency Assessment Form and supporting information on April 28. 1997 and has determined that the submitted documentation is adequate to commence our review of your proposed project. We will contact you if additional information may be necessary for consistency review purposes. You and the Corps of Engineers will be notified of our decision when we have completed our review of this project for its consistency with the New York State Coastal Management Pro,am. The Corps of Engineers cannot issue a permit for this project unless the Department of State concurs with your consistency certification. Please call William Fetdlxusen at (518) 474-6000 if you have any questions. S?cerely, .j/ff~ ~ William F. Barton Chief, Consistency Review and Analysis WFB:dlb cc: COE/New York District - James W. Haggerty NYS DEC/Region 1 - Regional Permit Adm'mistrator Town of Southold - Albert J. Krupski,. Jr. April 30, 1997 Alexander E Treadwell Secretary of State ~Y 2 ~ Albert J. Krupski, Jr. Trustee, Town of Southold ~ 53095 Main Street TOWNOFSOUTHOLDt P.O. Box 1179 Southold, NY 11971 Re: F-97-319 U.S. Army Corps of Engineers/New York District Permit Application - Richard Cartwright, Peconic Bay 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 W/lliam Feldhusen, 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 comments you may have will assist the Department in reaching a decision as to the consistency of the proposed action with the approved NYS Coastal Management Program. Please note, however, that if we do not hear from you within 45 days of the date of this letter, we will presume that you have no objections to the proposed project. Sincerely, William F. Barton Chief, Consistency Review and Analysis Enclosure~ WFB:dlb Division of Coastal Resources and Wate~ont Revitalization Albany, NY 12231-0001 Voice: (518) 474-6000 Fax: (518) 473-2464 EN-CONSULT~NTS, INC. 1329 NORTH SEA ROAD SOUTHAMPTON, NEW YORK 11968 Photograph #1: Looking north Photograph #2: Looking nor%heast .. 2