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Born, Sabrina From: Born, Sabrina Sent: Thursday, October 26, 2023 8:53 AM To: office@docko.com' Subject: Lincoln Frank Coastal Erosion Appeal Attachments: Printout-19608-1034-M62339.doc; Frank F & D_20231025142445.pdf Good Morning, Please find attached, the Town Board resolution#2023-919,which was adopted at the Southold Town Board regular meeting held on October 24, 2023. Also attached are the Findings and Determination. Kind Regards, Sabrina M. Born Sub-Registrar& Deputy Town Clerk Senior Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold,NY 11971 Ph: 631-765-1800 ext. 1226 Fax: 631-765-6145 1 Frank, Lincoln CEA C M't A aAJ 1 . Affidavit of publication — Suffolk Times 2. Notification to NYSDEC 3 . Legal Notice 4. Affidavit of Posting 5 . Resolution — setting Public Hearing 6. Costal Erosion Application RESOLUTION 2023-919 ADOPTED DOC ID: 19608 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-919 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 24, 2023: WHEREAS,the Board of Trustees denied the application of Lincoln Frank to install a dock facility for recreational boating, located at 2736 Crescent Ave, Fishers Island,NY SCTM#1000- 6.-1-8, under the Town of Southold Coastal Erosion Hazard Areas Law(the"Law") of the Town of Southold pursuant to Section 111-11(c); and WHEREAS, on August 23, 2023, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on October 24, 2023 the Town Board conducted duly noticed public hearings on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant's consultant; and WHEREAS,the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated October 24,2023, Lyrantin2 the application of Lincoln Frank for a coastal erosion hazard area permit pursuant to §111-20 of the Town of Southold Coastal Erosion Hazard Area Law; and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. Denis Noncarrow Southold Town Clerk Resolution 2023-919 Board Meeting of October 24, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Sarah E. Nappa, Councilwoman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell r Updated: 10/25/2023 9:07 AM by Lynda Rudder Page 2 i Y' TOWN BOARD COASTAL EROSION HAZARD BOARD OF REVIEW TOWN OF SOUTHOLD -------------------------------------------- In the matter of the Application of Lincoln Frank FINDINGS AND 2736 Crescent Ave DETERMINATION Fishers Island, NY SCTM#1000-6.-1-8. --------------------------------7----------- FINDINGS AND DETERMINATION • Based upon the application, documents contained in the Board's file, site inspections and testimony received at the public hearing held on October 24, 2023, the Town Board finds and determines as follows: ISSUE Keith Neilson of DOKO on behalf of Lincoln Frank has filed an application with the Town Board, as the Coastal Erosion Hazard Board of Review(the "Board"), dated August 23, 2023 requesting the following relief: 1. A reversal of the Board of Trustees August 16, 2023 determination which denied the issuance of a coastal erosion permit in accordance with Chapter 111 of the Town Code. FACTUAL BACKGROUND AND PROCEDURAL HISTORY A. Description of the property and qpplicants: The residential parcel is known as 2736 Crescent Ave, Fishers Island,NY SCTM#1000- 6-1-8. The property is currently improved with a single-family home, decks and foundation. The property is located in the residential zone. As confirmed by the Board of Trustees, and acknowledged by the applicant,the property where the proposed work is to be performed is located within the Coastal Erosion Hazard Area as established by New York State in 1991. The applicant submitted to install a dock facility for recreational boating. The proposed structure is to be a fixed wood pile supported wood timber pier with open grate decking proposed to be 90 LF and 4' in width. The project complies with they requirements of the US Army of Corps Engineers,NY DEC and NYS DOS standards as well as the Town's Wetlands Law. The Town Trustees previously issued and approved a Town wetland's permit for the project. x B. Trustees Procedural History: I. Application The applicant filed an application with the Board of Trustees on March 3, 2023. Applicant's request for a CEHA permit sought variances from Chapter 111 requirements. Chapter 111 of the Code requires that dock structures in excess of 200 SF be removable for habitat protection. Applicant contended that the dock exceeds 200SF in order to reach navigable waters beyond a"boulder field" located adjacent to his parcel on the north side of the Island. Applicant further contended that the proposed permanent dock would have less of an effect on the natural environment and is positioned in an area away from eel grass, would have no effect on tidal wetlands vegetation, would result in no loss of navigational waters and would have no effect on coastal features. Applicant further contends that due to the extreme tidal conditions on the north side of the Island,the requirement of a removable dock is contrary to proper facility design and construction and would be detrimental to the environment because of repetitive disturbances of the sediments and resulting water quality, noise and habitat impacts. II. Public Hearing: The Trustees held a public hearing on this application on August 16, 2023, at which times all those interested were given the opportunity to speak. Keith Neilson of DOKO on behalf of the applicant addressed the Town Trustees' concerns with regards to the application. The proposed dock facility was acknowledged to be wholly within the Coastal Erosion Area. III. Trustees Determination and Certificate of Compliance. On August 16, 2023 the Trustees issued a determination which found no basis to grant relief from the removable dock requirement of Chapter 111 and denied the application for a CEHA permit. IV.The Town Board Proceeding The property owners timely filed an appeal of the Trustee's determination pursuant to Town Code Chapterl 11 with the Coastal Erosion Hazard Board of Review (the Board) seeking the reversal of the Trustees denial. The Board held duly noticed public hearings on October 24, 2023, at which time all interested parties were given the opportunity to present testimony on the application. Keith Neilson of DOKO on behalf of the applicant addressed the Town Board's concerns with regards to the application. Applicant's representative again explained that the dock exceeds 200SF in order to reach navigable waters beyond a"boulder field" located adjacent to this parcel on the north side of the Island. Applicant further 2 contended that the proposed permanent dock would have less of an effect on the natural environment and is positioned in an area away from eel grass, would have no effect on tidal wetlands vegetation, would result in no loss of navigational waters and would have no effect on coastal features. Applicant further contends that due to the extreme tidal conditions on the north side of the Island, the requirement of a removable dock is contrary to proper facility design and construction and would be detrimental to the environment because of repetitive disturbances of the sediments and resulting water quality,noise and habitat impacts. No other members of the public appeared in support or opposition to the application and the record was closed on October 24, 2023. APPEAL OF THE TRUSTEE'S DETERMINATION Pursuant to §111-24 the Town Board is designated as the Coastal Erosion Hazard Board of Review and has the authority to "[h]ear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Administrator in the enforcement of this chapter."See, Town Code §111-24 (B). Furthermore, the Coastal Erosion Hazard Board of Review has the authority to "reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders." See, Town Code §111-25. When considering appeals pursuant to § 111-24 & 25, the Board is limited to the record on appeal and the arguments made before the Board of Trustees. In this instance, this Board finds, based upon the record before it, that the applicant has supplied the sufficient information regarding the criteria set forth in §111-9(A-C) of the Town Code to support the granting of a Coastal Erosion Management Permit. CONCLUSION Therefore, in the interests of justice and for the reasons set forth herein, this Board grants the appeal of the Applicant pursuant to Chapter 111 of the Town Code to install the requested pile supported pier with open grate decking, as per the plans submitted by the applicant to the Town Board last dated 2/22/2023 with all the conditions of approval as required by the Town Trustees. Dated: October 24, 2023 3 r SECTION m • . ■ Complete items 1,2,and 3. A, Signature ■ Print your name and address on the reverse ••` Age ssee so that we can return the card to you. ,, ■ Attach this card to the back of the mailpiece, B.^ iceived by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No 3. Service Type ❑Priority Mail Expresso II I IIIIII IIII III I III I I II IIIII IIIIIIIIII II I I IIIAdult Signature ❑Registered MaiITM ❑ dult Signature Restricted Delivery Registered Mail Restricted ❑ ertified Mail® Delivery 9590 9402 8081 2349_6023_95 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ct on Delivery ❑Signature Confirmation ?021 0950 0001 9 614 9000 �ct on Delivery Restricted Delivery Restricted Delivery ed Mail ❑Insured Mail Restricted Delivery (over$5o0) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt ■ ® t, e e min Ms. • p co co , O s> ,. a C3 Certified Mail Fee ? r,L,_, C C Certified Mail Fee -r �o`{ f lutir: �k.�:i tofu t5 ,..0 a Services&Fees(check box,add fee3,,+` �(ua $ �A,ti��-'a• �I;t+�s'>� _ � ) Y�� �•' —0 Extra Services&Fees(check box,add fee 9p,,Tprondate) f.,, a °mR�.• F Rme eturn Receipt(hardcopy) $ -;, 1.r` e I !f I t -J -. I.I ,`, ❑Return Receipt(hardcopy) $ /tl,.�A„�'",+' ' •, Return Receipt(electronic) $ w @ Postmar ❑ ❑Return Receipt(electronic) $ I_I. I�! j";�. / postmark ❑Certified Mail Restricted Delivery $ s i! !ti! rf fllt►rl �er ❑ ❑Certified Mail Restricted Delivery $ (Ii I i_1 i!I �` C3 ❑Adult Signature Required $ All I)I7 k4A1� •, - - C3 ❑Adult Signature Required $ d•- ,ii, "• �i > t� []Adult Signature Restricted DelWery$ 'Ry ❑Adult Signature Restricted Delivery$ tl f' C3 Postage $!-1.6 6 °.a, 0 Postage "�,� - G. '!il_I.66 r .pQtage and Fees -26 = T tl Postage and Fees lb/-i a" O1jtrj-9fTtandAfW1W- PO o R1 171 p ' en fU i PO - IIvT??1-E',�E THIS SLECTION COMPLETE THIS SECTION ON DELIVERY A.$ig■ Complete items 1'2,andiate ,, ;'1 Agent ■ Print your name and address on the reverse so that we can return the card to you. O Addressee ■ Attach this card to the back of the mailpiece, / B. ve'd lby,;(P,,rjnted Name) C. D to of elivery or on the front if space permits. l� (gq 2 1. Article Addressed to:. D. Is delivery address different from item 1? ❑ es If YES,enter delivery address below: ❑No 1�o II 1111111 IIII III I III I I II IIIII IIIIIIII II I II I III 3. Service Type ❑Priority Mail Expresso Adult Signature [I Registered MaiITM Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mailo Delivery 9590 9402 8081 2349 6023 71 ❑certified Mail Restricted Delivery ❑Signature ConfirmationTM - - ^-1lect on Delivery ❑Signature Confirmation 022 2410 0000 6401 0883 lect on Delivery Restricted Delivery Restricted Delivery ±K - red Mail 1 I I : + ; ; i ❑Insured Mail Restricted Delivery (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt I PROOF OF MAILING NOTICE NAME ADDRESS Micheal Rothfeld 1220 Park Ave,New York NY 10022 Lincoln Frank 1170 Fifth Ave,APT PHA,New York,NY 10029 STATE OF NEW YORK SS COUNTY OF SUFFOLK Keith Neilson,P.E..,residing at Docker. PO Box 421 Mystic, CT 06355, being duly sworn, deposes and says that on the 11 day of October 2023, deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at 26E Main St.,Mystic, CT 06355; that said Notices were mailed to each of the said persons by certified, registered receipt mail. kL' 6A .4 Signature Sworn before me this day Of �, Notary Public TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE Mr Lincoln Frank TO ADJACENT to the Town Board of the Town of Southold.: PROPERTY OWNERS TO: Micheal Rothfeld 1220 Park Ave,New York NY 10022 Lincoln Frank 1170 Fifth Ave,APT PHA,New York,NY 10029 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a variance exception to the Tidal Wetlands law to allow for construction of a permanent docking facility of more than 200SF gross area for recreational boating in Fishers Island Sound. 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1006.-6-1-8 Property Address: 2736 Crescent Ave,Fishers Island 3. That the property which is the subject of such Petition is located in the following zoning district: Residential 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: No change to zone district classification requested. 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such,hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: _October 11, 2023 Lincoln Frank _ Petitioner 13 Howard St., Sag Harbor,NY, 11963 Mailing Address ® r - M . e CO - r , C3 •,r i�lt 5(�i W J (' Certified Mail Fes T,L,., p t.,r r j) ra Services&Fees(chack box,edd tee a •pr te) ��j ". > ReReturnReceipt(hardeopy) $ °`.'`P t``r yA e ❑Return Receipt(electronic) $7-,p RT I�1 I Certified Mail Restricted Dervery $ SO IIsi l �p yPostmar =1 C1=1 E3 Adult Signature Required $—U-0. —U-0. ��a []Adult Signature Restricted Delivery$ , Postage �- I.66 T�I KQ�tago and Fees = J U $ U J p - - - ---------------------------- -- --------------------------- �9 I ------------------- fi a G r o - . N •wC-Y r� Ef Certified Mail Fee r•t 35 3- i.�.t 7v- t• 13 Extra Services&Fees(check box,a >!tfdd fee p c ate) ,� "+, j��.��`, ( ca ❑RetumReceipt(hardcopy) $�.��,— � :30 Return Receipt(electronic) $ , tt I S Postmark =3 C] Mail Restricted D*IOU $ 4 C, =1 ❑Adu!t Sgnature Required $ 'I'(-.dry i��_ j 1 e7 7 E]Adult Signature Reshicted Delivery$ Postage CI 61N, e4 =r- TOM PLnatage and Fees ni )•U en ru - ---- - - --- ---- --- ` �z _ - SENDER: DELIVERY Signature' ® Complete items 1 2;and 3: A: ";.: :i J,y. ■ Print your name and address on the reverse! Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. V&116y.(Rrinted Name) C. D to of Pelivery or on the front if space permits. Ile 1. Article Addressed to:;. D. Is delivery address different from item 1? ❑Yes bdAd If YES,enter delivery address below: E3No it)dunt, "I ACOA II IIIIII ILII Irl III I I II ILII IIIIIIII��I�� III 3. Service Type ❑Priority rdaii Express® }Adult Signature ❑Registered Ma11TM Adult Signature Restricted Delivery ❑Registered Mail Restdcted 1:1 Certified Mall® Delivery 9590 9402 8081 2349 6023 71 11certified Mail Restricted Delivery ❑Signature ConfirmationTm 1lect on Delivery ❑Signature Confirmation 7022 2 410 0000 6401 08 8 3 Ject on Delivery Restricted Delivery Restricted Delivery gyred Mail E3 Insured Mail Restricted Delivery over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt SENDER' COMPLEtE THIS SEdT10N i,-COMPiETE THIS DELIVERY ■ Complete items 1,2,and 3. 'A.Signature ■ Print your name and address on the reverse N O Agent so that we can return the card to you. ® Attach this card to the back of the mailpiece, B•9ceived by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: p No q.1 UP@ 31101ertified Service Type ❑Priority Mail Express© I dult Signature ❑Registered MWITM II 1111111 IN III I III I 1111111111111111111111111 dult Mal*Restricted Delivery ❑Delivetryed Mail Restricted 9590 9402 8081 2349 6023 95 ❑Certified Mal Restricted Delivery CISignature ConfirmationTM ct on Delivery C3 Signature Confirmation s 7021 0950 0001 9 614 9000 Ct on Delivery Restricted Delivery Restricted Delivery d Mail ❑Insured Mail Restricted Delivery — (over$500 PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Notice of Public Hearin Public Hearing Date: TUESDAY, October 24, 2023 at 9:00 A.M. Southold Town Hall, 53095 Main Road, Southold, New York 11971 Docko on behalf of Lincoln Frank Coastal Erosion Hazard Board of Review Appeal Application SCTM# 1000-6.4-8 Located at 2736 Crescent Drive, Fishers Island This proposed Coastal Erosion Appeal Application proposes construction of a permanent, non-movable wood timber pier of greater than 200 sf in Fishers Island Sound. f lc3caa97.-d5a8-4a27-a7f9-5579dd3caaed sabrina.born@town.southold.ny,us , AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, i County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: September 28, 2023 This newspaper has been designated by the County Clerk of Suffolk County, as a newspaper of record in this county, and as such, is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 29 day of September 2023 LAa re ® Sl'AI'E e J OF NEVY'YORK ' Z 7 NOTARY PUBLIC: M ALBANY01RE6.191,443 CS 11 , a Notary Public Stamp "ION SOUTHOLD TOWN CLERK 1 11 1c3caa91-d5a8-4a27-a7f9-5579dd3caaed Sabrina.born @town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold hereby sets Tuesday, October 24,2023 at 9:00 A.M. at the Southold Town Meeting Hall, 53095 Main Road,Southold, New York as the time and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of Docko on behalf of Lincoln Frank relating to a proposed construction of a permanent, non-movable wood timber pier of greater than 200 sf in Fishers Island Sound to be located at 2736 Crescent Drive, Fishers Island, NY,SCTM#1000-6.-1-8. A complete copy of this legal notice is available for public inspection and copying during regular business days and hours Monday through Friday, 8:00 A.M.to 4:00 P.M. and is also available for viewing on the Town's website: www.southoldtownny.gov Dated:September 12, 2023 BY NOTICE OF THE TOWN BOARD DENIS NONCARROW SOUTHOLD TOWN CLERK i SOUTHOLD TOWN CLERK 2 i DENIS NONCARROW ��o� ®GTown Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 COD Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER At�� �aO� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 29, 2023 EI 011 988 -333 - Us Basil Seggos, Commissioner State of New York Department of Environmental Conservation 625 Broadway Albany,New York 12233 Dear Commissioner Seggos: Transmitted herewith is a copy of the Appeal of Denial of Coastal Erosion Management Permit of Docko on behalf of Lincoln Frank, 2736 Crescent Drive, Fishers Island, New York 06390, SCTM#1000-6.4-8. It is being sent for your information in accordance with Southold Town,Code, Chapter 111, Section 111-25C. This matter has been assigned to our Town Attorney Pau DeChance. You may contact him at 631-765-1889 for further information. Ve truly ou , enis Noncarrow Southold Town Clerk Rudder, Lynda From: legal <legal@theday.com> Sent: Wednesday, October 11, 2023 11:26 AM To: Rudder, Lynda; David McCall (dmccall@fiferry.com); Evans, Louisa; FI Community Board (ICB) (ficommunityboard@gmail.com); geb cook;Jane Ahrens (ahrens Jane@gmail.com); Jane Ahrens (finyinfo@gmail.com) Subject: Re: Docko CE Appeal for publication Attachments: Notice of Public Hearing 10.24.2023 invoice.pdf Here is notice 401067415 that will run in the 10/12 edition of The Day. Invoice is attached. 0106741 LEGAL NOTICE NOTICE OF PUBLIC HEARING i ' �lOTICE IS HEREBY GIVEN the Toven Board of the Towne jof Southold hereby sets Tuesday October 24 ii 12023 at 9.00 A.M. at tate Southold Tovin (Meeting' ;Hall,53095 Main Road, Southold, I'Jevr York as the tinge land place for a public hearing on the Coastal Erosion:' Hazard Board of Review ADbeal of Docko' ,,on behalf of Lincoln Frank,relating to a proposed" ,construction of a permanent non-movable%,00d timber(,, ipler of greater than 200 sf in Fishers Island Sound to bei jloryc[a�ty�eyd,Cat 2f7�36 Crescent Drive,Fishers Island, NY,SCTh.I.1 CYii 1000-�6.'1-8. . (`A complete copy of this legal notice is a�,allable for; !public inspection and copying during regular businessE days and hours Monday through Friday, 8:00 A.M. to) HA00 P.M.and is also available forvleu,ing on the Tovbm's! ,t,ebsite: l 1Aw.southoldtovmny.gov t.Dated:September 12,2023 I. IfEY NOTICE OF THE TOWN BOARD TENTS I-IONCAR.R04"J S SOUTHOLD TOkAIN CLERIK 7�.avt,]v yow, Kelly Kelly Johnson Legal notices The Day and Shore Publishing Legal Line: 860-701-4410 Direct Line: 860-701-4371 legal@theday.com From: Rudder, Lynda <lynda.rudder@town.southold.ny.us> Sent:Wednesday, October 11, 2023 9:36 AM To: David McCall (dmccall@fiferry.com) <dmccall@fiferry.com>; Evans, Louisa <louisae@town.southold.ny.us>; FI Community Board (ICB) (ficommunityboard@gmail.com) <ficommunityboard@gmail.com>; geb cook <gcook@fiferry.com>;Jane Ahrens (ahrens.jane@gmail.com) <ahrens.jane@gmail.com>;Jane Ahrens 1 (finyinfo@gmail.com) <finyinfo@gmail.com>; legal <legal@theday.com> Subject: Docko CE Appeal for publication Please post in at least 2 public places on Fishers Island Post on website Publish in the New,London Day in the next publication thank you 2 Rudder, Lynda From: Rudder, Lynda Sent: Wednesday, October 11, 2023 9:37 AM To: David McCall (dmccall@fiferry.com); Evans, Louisa; FI Community Board (ICB) (ficommunityboard@gmail.com); geb cook;Jane Ahrens (ahrens Jane@gmail.com);Jane Ahrens (finyinfo@gmail.com); New London Day Newspaper (legal@theday.com) Subject: Docko CE Appeal for publication Attachments: Docko (Lincoln Frank) CE Appeal.docx Importance: High Please post in at least 2 public places on Fishers Island Post on website Publish in the New London Day in the next publication thank you 1 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold hereby sets Tuesday, October 24,2023 at 9:00 A.M. at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of Docko on behalf of Lincoln Frank relating to a proposed construction of a permanent, non-movable wood timber pier of greater than 200 sf in Fishers Island Sound to be located at 2736 Crescent Drive, Fishers Island, NY, SCTM#1000-6- 1-8. A complete copy of this legal notice is available for public inspection and copying during regular business days and hours Monday through Friday, 8:00 A.M. to 4:00 P.M. and is also available for viewing on the Town's website: www.southoldtownny.gov Dated: September 12, 2023 BY NOTICE OF THE TOWN BOARD DENIS NONCARROW SOUTHOLD TOWN CLERK STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 25th day of September, 2023, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York,to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town Website: www.southoldtownny.gov P.H.— 10/24/23 @ 4:30 P.M.—Docko for Linco, Frank CEA Denis Nonca ow Southold Town Clerk Sworn to before me on the 25th day of September, 2023 C Notary Public .:SABRINA M BORN Notary Public,State of New York No.01 B0631 7038,Suffolk Coun Commission Expires Dec.22,20 RESOLUTION 2023-802 ADOPTED O TED DOC ID: 19495 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-802 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 12,2023: RESOLVED that the Town Board of the Town of Southold hereby sets October 24,2023 at 9:00 a.m. in the Town Meeting Hall, 53095 Main Road, Southold,New York 11971, as the time and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of Docko on behalf of Lincoln Frank, relating to a proposed construction of a permanent, non-movable wood timber pier of greater than 200 sf in Fishers Island Sound to be located at 2736 Crescent Drive, Fishers Island, NY, SCTM#1000-6-1-8, and directs the Town Clerk to publish notice of such appeal in The Suffolk Times not less than ten(10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant by first class mail. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Greg Doroski, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Docko, Inc. Serving the waterfront community since 1987 P.O.Box 421,Mystic,CT 06355•(860)572-8939•email:office@docko.com RECEIVED 9 , � September 7,2023 Mr.Denis Noncarrow AXE Town Clerk,Town of Southold SEP 8 2023 Southold Town Trustees J/;� 53095 Route 25 l�`cu% "T P.O. Box 1179 Southold Town Clerk Southold,NY 11971 Re:. Frank Property,North Point Fishers Island Coastal Erosion Appeal Application Dear Mr.Noncarrow: On behalf of Mr. Lincoln Frank, we enclose herewith our Appeal to the Coastal Erosion Zone Permit Denial by the Trustees application for the dock construction project at Frank's collage on North Point in Fishers Island Sound on Fishers Island,NY. I trust that you will find this application package complete and acceptable. We have edited the application narrative and drawings to reflect the conditions of the Trustees approval, namely the use of open grate decking and bare minimum essential lighting on the power post so that this appeal is complete. please let me know if the need for further information arises. We look forward to presenting this project to the Town Board at your next scheduled meeting. Due to my travels being governed by the Cross Sound Ferry schedule,I respectfully request a place early in the agenda. Please forward a copy of the agenda At your earliest convenience, if at all possible. Very truly yours, DOCKO, INC. Keith B.Neilson, P.E. KBN: cl Enclosure CC: Mr. Lincoln File: FRANK Norklun, Stacey From: Noncarrow, Denis Sent: Friday, September 8, 2023 11:30 AM To: Doherty, Jill; Doroski, Greg; Mudd, Jennifer; Louisa Evans; Mealy, Brian; Nappa, Sarah; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Born, Sabrina; Standish, Lauren; Tomaszewski, Michelle; DeChance, Paul; Mirabelli, Melissa Cc: Cantrell, Elizabeth; DiSalvo, Diane Subject: Coastal Erosion Appeal Application Attachments: Frank Property_20230908112424.pdf Please see attached Coastal Erosion Appeal Application Frank Property. Thankyou Denis Noncarrow Southold Town Clerk. Town of Southold, New York www.southoldtownny.gov de..nisrr. s uth l t rrrr r...� 581®755®1800 CONFIDENTIALITYNOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. 1 Docko , Inic. Serving the waterfront community since 1987 P.O.Box 421, Mystic,CT 06355•(860)572-8939 o email:office@docko.com RE F r September 7,2023 Mr.Denis Noncarrow Town Clerk, Town of Southold Southold Town Trustees , 53095 Route 25 P.O.Box 1179 SOVhOldeTTLmn Clerk Southold,NY 11971 Re: Frank Property,North Point Fishers Island Coastal Erosion Appeal Application Dear Mr.Noncar-row: On behalf of Mr. Lincoln Frank, we enclose herewith our Appeal to the Coastal Erosion Zone Permit Denial by the Trustees application for the dock construction project at Frank's collage on North Point in Fishers Island Sound on Fishers Island,NY. I trust that you will find this application package complete and acceptable. We have edited the application narrative and drawings to reflect the conditions of the Trustees approval, namely the use of open grate decking and bare minimum essential lighting on the power post so that this appeal is complete. please let me know if the need for further information arises. We look forward to presenting this project to the Town Board at your next scheduled meeting. Due to my travels being governed by the Cross Sound Ferry schedule, I respectfully request a place early in the agenda. Please forward a copy of the agenda At your earliest convenience, if at all possible. Very truly yours, DOCK , INC. Keith B.Neilson, P.E. KBN: cl Enclosure CC: Mr. Lincoln File: FRANK 11� TOWN OF SOUTHOLD APPLICATION FOR APPEAL TO THE COASTAL EROSION HAZARD BOARD OF REVIEW DATE:August 23, 2023 Fee: $250.00 NAME OF APPLICANT: Lincoln Frank ADDRESS: 2736 Crescent Ave.Fishers Island NY 06390 DATE OF DECISION APPEALED FROM: SPECIFIC CHAPTER/SECTION INVOLVED: Cha ter III THE ALLEGED ERRORS IN THE DETERMINATION ARE: INTERPRETATION THAT IS CLAIMED TO BE CORRECT: RELIEF SOUGHT: Allow construction of a pennagent, non-rno able wood timberr ofgreater than 200 SF in.Fishers Island Sound. *COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY RELEVANT MAPS MUST BE ATTACHED TO THIS APPEAL SIGNATURE OF APPLICANT MR. LINCOLN FRANK COASTAL EROSION PERMIT DEINAL APPEAL FISHERS ISLAND SOUND, FISHERS ISLAND NY August 31,2023 Introduction: The property of Mr. Lincoln Frank is located along the north shore of Fisher's Island in waters of Fishers Island Sound. Mr. Frank desires to build a dock facility for recreational boating projecting out into Fishers Island Sound. The structure is to be a fixed wood pile supported wood timber pier. It has been decided that the pier would be constructed originating along the east side of the cottage, separate from the house, wrapping around the porch and then out perpendicular to the shore. The location of the pier avoids documented boulders and patches of eel grass to balance boating and habitat preservation standards. Permits have been applied for to the State of New York, both Department of State and Department of Environmental Conservation, to the U.S. Army Corps of Engineers, and to the Town of Southold for a Wetlands and Coastal Erosion Permit. The Town of Southold Trustees have approved the Wetlands Permit for the construction of this dock facility. One condition of the Trustees approval was that the decking would be"ThruFlow"type open grate decking; the NYS DEC also favors the use of "ThruFlow" decking as does the Fishers Island Seagrass Management Coalition and we have made that change to the application drawing. There will be berthing slips on both sides of the pier. Each one of these permit applications has acknowledged the occasional exposure of this site to adverse sea conditions and the susceptibility of the Fishers Island shoreline to erosive and damaging forces associated with agitated sea states. The respective agencies appears to have accepted the pier design as adequate and appropriate considering these factors. The DOS has issued their consistency determination and the USACOE their permits, copies attached. Aggeal Basis: The dock facility is defined as a structure in Chapter 111 of the Town of Southold Code, Coastal Erosion Hazard Areas.The area of the dock facility exceeds 200 SF in order to reach waters beyond the boulder field and to meet the regulatory and policy requirements for habitat protection of the State, federal and local permit agencies and, therefore, this dock construction activity is not "unregulated" and must conform to the Coastal Erosion Hazard Area factors for consideration, notably, "being removable." We respectfully request to appeal the denial decision of the Trustees August 16, 2023 referencing paragraph 111-10 B because of the nature of the project and the demonstrated history of other docks in this area, the structural stability and effectiveness of this dock facility required for the climatic and sea conditions which are experienced at this site. This requirement for a"removable" structure is contrary to proper facility design and construction for waters of Fishers Island Sound and would be detrimental to the environment and resource conservation because of repetitive disturbances of the sediments and resulting water quality, noise and benthic habitat impacts. According to the Town of Southold Code Chapter 275-11 Section 2c, The Trustees may determine the permitted dock length based on consistency with other docks in the waterway. The proposed dock is smaller than the next closest dock to the proposed site, approximately 1000 feet to the 1 southeast, a fixed pier of about 165' overall length, two parcels to the east of Mr. Frank's and exposed to the same conditions and sea states of Fishers Island Sound. Article 34 of the New York State Environmental Conversation Law, which is the basis for the establishment of the Town of Southold Coastal Erosion Hazard Program,has been reviewed in the preparation of this document and the proposed design meets these standards including the provision of reaching 4 feet of water depth to minimize bottom sediment disturbances. Er° ec m ach The construction scope of work and method to be utilized in this project are specifically to create the strength of the pier structure to protect the structure against damage from waves and to preserve existing coastal features, as well as coastal resources, specifically eel grass which grows beyond and to both sides of the proposed pier but not in the area of the pier head by design. Access and staging considerations are also compatible with these two goals. The barge to conduct work will be relatively light in draft, approximately two to three feet. The water depth will allow the barge to approach within 50 feet of shore,which is the reach of the crane. The barge will not contact the bottom during any portion of the construction. The barge will be relocated after work hours at higher tides to remain clear of the boulders and existing eel grass beds in and around the project site. After hours the barge will be moved into West Harbor. The dock facility is to be built by Gwenmor Marine;the crew are experienced in these waters and familiar with all five of the permits (including this variance) which cover the scope of work. There is no removal of soil or sediment in the proposed scope of work, and there is no alteration of the shoreline proposed. Most of Fisher's Island's waters are recognized as valuable fish habitat. The driven piles will maintain waterflow and circulation. Tidal wetlands vegetation at the shoreline will be unaffected by construction and usage of the pier and only minimally by the actual physical impact of the pile driving. The pier height is being established at about 6 to 8 feet above Mean Low Water,for most of the length of the pier which has a north-easterly alignment which will allow sunlight to reach the benthos through the water column from the east side of the pier during most of the day. The piers longitudinal gradient follow the"8 foot clear of bottom" standards promoted by the seagrass coalition and NOAA NMFS. In addition, the "Thruflow" decking utilized as the walking surface is a textured grate, an open grate surface, so as to allow an effectively 60%of sunlight to reach the water column and bottom sediments beneath the pier, based by studies utilized by the NYSDEC during the approval process of"Thruflow" decking for this purpose. This project will result in no loss of waters as defined in U.S. Army Corps of Engineers General Permit Number 3, under which this project is being reviewed and the project complies with the criteria. This construction process represents minimum encroachment into the navigational waters of the State and waters deep enough to minimize bottom impacts due to boat contact,pier shading and propeller drive system scour. The structure basically terminates at the outer limits of the boulder field, in an area where navigation is limited. There are no known dock remains or artifacts of archaeological significance. The shoreline of Fishers Island Sound has been eroding for decades based on the number of rocks in the shallow inter-tidal zone and sub-tidal zone,the shoreline historically was out further as much as a hundred 2 feet or more to what is now the easterly edge of the boulder field and there is no tidal wetlands or surface vegetation in the dock construction or usage area. There are no known endangered species in the project area. Coni lianas o4th Existin Standards: This construction project has been determined to be compliant with new policies related to the preservation and enhancement of eel grass beds. The pier will be pile supported, with piles in bents or pairs, at 10-foot intervals. "ThruFlow" (slotted plastic) decking will be used for the full length of the pier seaward of the Mean High-Water Line. This decking will have two benefits; allow sunlight to pass through the decking and into the water column and by providing relief from hydrostatic (wave) forces to maximize pier resilience and minimize wave uplift forces which sometimes damage piers. The proposed dock site is the best option available at this shoreline; the remaining shoreline is even more heavily obstructed by boulders or hosts tidal wetlands or SAV growth areas. The survey which makes the basis for the application drawings is pretty exact. The actual boulder locations were surveyed and plotted, as were the limits of the eel grass, so that the pier and tie off pile locations are established and reproduceable in the field using standard survey techniques which will be done at the time of pier layout by the surveyor. The Trustees have agreed, in their approval of the Tidal Wetlands Permit, that the length and configuration of this dock facility are necessary to reach suitably deep water beyond the boulder field and suitably offset from documented eel grass at this site and that this project is suitability designed for and consistent with their tidal wetlands permitting standards of the LWRP once the 200SF requirement is addressed. Embedded stone in the benthos is to remain, as normally requested by the DEC. This will maintain existing benthic habitat as is. The total area of pile contact with the bottom sediments will be approximately 25 SF in total where the piles are driven. Structural Considerations: In accordance with the policies of the National Marine Fisheries Service, piles will be wood, 12 inches in diameter or less at the point of contact with the water,and no larger. It is anticipated that these piles will be Class B pressure treated southern yellow pine. The New York State Department of Environmental Conservation conducted an extensive study in 2000 and determined that such piles are recognized as essential to the long-term structural stability of marine structures and has indicated that the environmental impacts of such treated piles are minimal and consistent with DEC environmental policy. This document is on file with the Trustees office. The structure will be fastened together with double 3/4 inch bolts at each pile bent, split cap and cross brace, each of which will be 4x10 timbers. This will be stout structure for these site characteristics. The decking will be supported with 3 x 10 stringers at 16-inch centers as required by the "ThruFlow" decking. The outside stringer will be bolted to the piles. Decking will be screwed down with two screws per stringer (8 screws per 4-foot-wide deck piece). 3 With regard to structural integrity, the 12-inch piles will be driven to a depth of 10 to 15 feet of embedment, with a bearing capacity of 20 tons, and a pull-out resistance of 10 tons for each pile. The deck elevation will keep the bulk of the structure above the wave high energy zone for standard conditions of high tide,plus one-foot storm surge,plus three-foot waves. In cases of severe coastal storms and hurricanes, there are more significant (three foot) surge tides and the outer deck will be below most of the wave energy. The strength of each bolted connection of timbers to the pile is in excess of a ton. Therefore, the total uplift force exerted on the decking and the framing should be well within the capacity of each of the bolted connections. The longstanding nature of nearby structures (Firestone Boat House, Roosevelt dock, Spurtle, Young, Callander, Didriksen and Charpentier existing docks) and their survival through notable coastal storms since the 1950s, including Hurricane Donna in 1965, The Blizzard of `78, Hurricane Gloria in 1985, Hurricane Bob and the Halloween Storm (Perfect Storm) in 1992, Hurricane Floyd in 1999, Hurricane Irene in 2011 and Hurricane Sandy in 2012, nor'easters in March/April of 2018 and the Christmas and Thanksgiving storms of 2022 give testament to the appropriateness of historic dock building standards. Turbidity will be minimal. The bottom sediments are sandy gravel with stone and rock and the area of contact of the piles is approximately 3/4 of a square foot per pile. This results in a bottom sediment impact area of less than 25 square feet seaward of the Mean High-Water Line for this structure based on pile contact area. Chapter 111 requires that a dock facility over 200 SF be removable. In order to make a dock removable it must be built of fairly lightweight materials with minimal embedment which can be removed seasonally or in advance of danger, and yet firmly founded and fastened so as to provide stable support even considering berthing forces and incessant rhythmic loading due to wind and wave. The 200SF removable parameters can be accommodated in protected bays and estuaries such as Gardner's Bay, Long Beach Bay and Orient Harbor.Long Island Sound and Fishers Island Sound, however, are not mentioned in Section 111-5 A, and rightfully so. These are open waters which frequently develop waves of considerable size and energy induced by strong winds, or considerable fetch of 10 to a hundred miles or storms. These conditions are rarely seen in the Peconic Bay and Shelter Harbor embayments which are specifically referenced in Chapter 111; it is close that this reference was not intended to cover the higher energy water surface conditions of Fishers Island Sound. Piles for support and their bracing elements are essential components for these more severe exposures. Piles driven to 6,7 or 8 foot embedment can be pulled up by significant repetitive storm driven waves and so piles in this exposure must be driven deep and therefore they must be tough enough to handle the driving forces of installation by high impact energy hammers,the resistance to deformation caused by subsurface boulders, and resistance to pulling out. These very attributes make removal infeasible. Even if it was feasible, repetitive pile driving and extraction would decrease the subsurface support capability of the sediments and render the structure more likely to be pulled out or otherwise damaged. In order to make the pier less susceptible to damage in severe storm conditions of the surge tide and waves, the pier height will be kept as low as practical and permittable so that these worst-case storm conditions will have their most damaging energy over 4 the top of the pier rather than striking the pier directly. To have to make this pier removable would not be environmentally, physically or economically appropriate; this is the hardship created by Chapter 111. A pre-construction notice will be issued in accordance with each of the respective permits. It is anticipated that work will be avoided between March 1 st and June 30th of next year, in accordance with standard permitting conditions for fish spawning. This project conforms to all existing agency terms and conditions for construction and maintenance of a dock facility structure. It also accommodates stated preferences of permitting agencies, including the NY DEC, NY DOS, USACE and the Town Trustees. Trustees Tidal Wetlands Permit No. 10167 has been received and is attached. Summary: The emphasis of Chapter 111 is to regulate development activities and to implement standards which will help to minimize and prevent damage to natural protective physical site features as well as manmade structures from coastal flooding and erosion and to protect natural resources and human lives. Nearby dock facilities have withstood the test of time and, in the case of the Firestone Boat House and Roosevelt dock around the Point in Chocomount Cove, have pre-existed this chapter by 35 years. The pier for Mr.Frank faces into the most frequent adverse climatic forces and will continue to do so. The pier will have attributes which will help to maintain environmental quality in general, and specifically to minimize adverse impact potential for eel grass.The Town Trustees have issued the Wetland permit for this pier construction project acknowledging structure attributes required for this exposed site and sea conditions while preserving and protecting the environmental resources at the site and how the resources will not be adversely affected and thus benefit from the design features and materials specified for use in the construction. This section 111-10 B variance request is based on the factors for consideration in section 111-9: A: The pier construction project is reasonable and necessary for boating access beyond the intertidal field of boulders. The structure design has been minimized and will be suitably stout and environmentally appropriate in view of resource protection standards applicable to these site conditions. B: The structure will not cause erosion at Mr. Franks's properly or at adjacent properties. This project is suitably designed for the "nearshore" site in accordance with section 111-11 and there is no excavation, dredging or fill proposed. C: The features of increased height gained by the approach ramp,initial pier height and use of"Thruflow"decking will help to maintain environmental and habitat quality of the intertidal and shallow subtidal zone waters and sediments in accordance with current State, Federal and Town standards for approval. The use of open grate decking and piles for support will maintain light transmissivity to the bottom sediments and will also maintain water now and circulation. The decking will not focus rainfall runoff in a manner which might induce erosion. It is agreed by the permitting agencies that these features will not significantly degrade or adversely impact the 5 environment and habitat quality of the Sound. The dock approachiberthing restraint piles protect eel grass accounting for avoidance of the eel grass with pile locations as well as directing approach and departure routing by alignment. This project complies with the provisions of the US Army Corps of Engineers,NY DEC, and NY DOS programmatic standards as well as the requirements of the Town's Tidal Wetlands Law. The dock structure is larger than 200 SF but will not be any larger than necessary. The facility is the minimum structurally suitable dock option available which will not adversely affect tidal wetlands, submerged aquatic vegetation, finfish or shellfish, habitat, water quality, water flow and circulation, natural protective features or functions of the shoreline, navigation or public access to public trust lands or waters of the State or Town. In order to be in compliance with the codified regulations and recommended best management practices in these site conditions, the structure cannot be removeable. A variance to the provisions of Chapter 111-10 B will not diminish ecological features or habitat and is respectfully requested so that the Coastal Erosion Permit can be issued for this project by the Town Trustees. No public funds will be expended in the course of completing this project. On the basin of this information, which we believe to be compelling,your approval of this appeal is sought. Respectfully Submitted, I ocko Inc. Keith B. Neilson, P.E. 6 4 {� �4b494av " .. r A VN iY Z N G 4� y, 1'a 4; � V4 GkI�g1Sn� etr fly 75fl ufl� P7 4 � S 21� G d y bIN nmt rraa-*aro 14,, FISHE2s ISL�.IVa SOIJIVL-7 raAltt ��� - D sa , u IRI V3 . 1'a. wrl .v a k t t1' tt7 � F PROPERTY `� " r r; I up,l 61' , OF FRANK ^ ' N14 r ;.. k , wa¢ r � "w r 1' r aw � o f 1'r a m SHERD ISLA ND O�,�¢�^Rb } I�r�l'` "^w•a �i k�, 7 r .,y C'T4 '�'T PROPERTY°+ � LCxf " 5 ,. Fes` I 4�1ill,I'+1�'Il� LOG�.T10fV 1`�1�F� REFERENCE ' - GI AZr:13214 t GRAPHIC 5ALE. „ 1000 O 1000 IN YARDS NOTES: 1.ELEVATION DATUM 15 NAVD 1988. N/F PROPERTY OF 2,71DE DATA 15 TAKEN FROM 2022 NOAH TIDE iROTHFELD TABLES REFERENCE:NEW LONDON/WEST HARBOR v 3.PROJECT DESCRIPTION:CONSTRUCT 98mLF OF 4-FT WIDE WOOD PILE AND TIMBER PIER OF WHICH 87fLF 15 WATERWARD OF THE APPARENT HIGH WATER LINE. INCLUDING RAILS,SEVEN TIE-OFF PILES WITH TIDE SLIDES',THREE LADDERS AND ELECTRIC AND WATER UTILITIES.WATERWARD OF THE APPARENT HIGH fVOF�TH Hd_.k� r r ro ":R WATER LINE.CONSTRUCT 52+LF OF 4-FT WIDE PIER FI S✓-HE12�- 1✓—L�.IV D �' ACCE55 WALKWAY ALL LANDWARD OF THE TOWN of r�—OCJTHOLL7' APPARENT HIGH WATER LINE. 4.PROJECT PURPOSE: TO ESTABLISH A WATERFRONT DOCK IN SUPPORT OF RECREATIONAL BOATING. N y/, 5.THESE APPLICATION DRAWINGS REPRESENT A COMPILATION OF SURVEYS FOR ENVIRONMENTAL PERMIT PURPOSES.THEY ARE NOT CONSTRUCTION wrod CONTRACT DOCUMENTS.A TOWN BUILDING PERMIT MAY BE REQUIRED. rr Y 6.ADJOINING PROPERTY OWNERS: NORTH: SOUTH: �' �� MARGARET O MICHAEL ROTHFELD �f LINCOLN E FRANK ELLA FORSHAY " � 1T0 5TH AVENUE PHA 1220 PARK AVENUE scALe 1 =300` e YORK,NY NEW YORK,NY 10128 GRAPHIC u PROJECT: NEW DOCK EV15ED 4-2: T.O.S. LOCATION: NORTH HILL-FISHERS ISLAND-TOWN OF SOUTHOLD " JE DE5GRIPTION SUFFOLK COUNTY,NEW YORK " 1�1 WATERWAY: FI5HER515LANND SOUND DATE: NOVEMBER-9,2022 0 K O . " APPLICANT: LINCOLN FRANK AGENT: SHEET 1 OF 4 10 c�ocKca, i Nc. ,Iq �u Keith B.Neilson,PE „ Mystic,CT 06355 w �0 1a� 860 572 8939 DWG 22-10-3251 " ENTAIL:office@docko.com Keith B.Nellson,Docko Inc.91'7/20231134 AM Frank Permit 1-B.dwg � 1 p tee" FLOOD v_v` �c °vv1 - v� v1 5 r GALVANN EG)PiPE 1-4 v 1 aiu v —v i v 1y` A AWL 19t EELCRA55'19 , N/FPROPERTY SANDS, -._ 7 \\ 'r OF FRANK 4 v, MH wV O . v i ti,e� PROPOSE D�DOGK- v� 1 FOOTPRINT�v BRUSH rf 7r1"� yi I" BRUSH „ v` J " ���� 11 Q k� `r 14 v vvv / v .P IQ \ .. Mh 1W „ MLW 1 —. APPROXIMATE - GOASTAL EROSION HAZARD LIMIT EXISTING HOUSE SITE d� v i., r " PROPERTY e, R1JH BRUSH of FRANK ` ,„, 87BENCHMARK d CHISELED SQUARE TOP OF ROCK ELEVm8.95 NAVD88 � 'z � ,. �XL�TII!`JO CONC71TIOhJs N/F PROPERTY GRAPHIC scaLE 1"=40' OF ROTHFELD 40 20 0 40 r” F RHA r SURVEY DATES 10-6-22 by JAMES BERNARDO LAND SURVEYING LLC and 3-10-23 by VESP05 SOFTWARE�SURVEY ELEVATIONS ARE BASED ON NAVD68 PROJECT: NEW DOCK REVISED 3-24-23 T.O.S. LOCATION: NORTH HILL-FISHERS ISLAND-TOWN OF SOUTHOLD 04 VIP""" ASTAL EROSION LIMIT, SUFFOLK COUNTY, NEW YORK I BATHYMETRY and WATERWAY: FISHERS ISLANND SOUND POSED FOOTPRINT DATE: NOVEMBER 9,2022 r APPLICANT: LINCOLN FRANK D 5-3-23 NY DEC; " r t SURVEY DATES „ AGENT: SHEET 2 OF 4 raj DOCIGo, ANG. �p Kelth B. Nellson,PE p w Mystic,GT 06355 860 7DW E Icaa � � EMAIL:offlcce@docko.com G 22-10 3251 Keith B.Neilson,Docko Inc.9r7/2023 1132 ANI Frank Permit 2-B_Vespos.dwg r. ' 3.dti v ry�NS'W �DS� �• N a -, fF d w W t2 N OfAMETEF;Z TOFF PILE M-th `� w `,arYfl ,_ _._ r@ICS ` N, ,f .,,„ SLfDEI a P 4. � a - NN EW UTILITIES SAID GEACH"'� NPF 12-N VOMETER ` ” N TE5t I WATEP DEPTH AT END OF ' r PER IS hTALWt_ " � t � { 2..PIER DEGKIPG hH /0� " { WATERWARD OF THE GRATE DF-co,*HVV1-TO THRU -FLOW' , { 44, INS 10 d A ` BOULDER(TIrpNF_WF'T"106 RLL F• th RAILS J a { y 11c I " ULDER k - YP) 25 24 { r I IH4 0 r �f r� EXISMNO HOUSE NEW — 'd,�FDE 12 dN w *" DIAMETER PILE SUPPORTED ' of FR4,N< Grp Ar r WALKWAY OFFSET 1—FT FROG") a` fi rrW . PORCH with RAILS TO BEACH WATERWARDOF-THEAHWL I ,, „ a SURVEY DATE5110-5-22 byJAME5 rasp AR O LmgD-: PL�.IV \/1EW �f p � SURVEYING_ and 3••10 b),VESPOS SOFT~ {ARE 5URVEY' ELEVATIONS ARE BASED ON NAVD GRAPHIG SCALE 1'=20" ,� .7 yfF a 1 V V v 20 10 0 20 „ " PROJECT: NEW DOCK a REVISED 5-9-23 NY DEC�� ���° REVISED -24-23 T.O.S. LOCATION: NORTH HILL-FISHERS ISLAND-TOWN OF SOUTHOLD SPOT GRADES ' YMETR)'and SUFFOLK COUNTY,NEW YORK SURVEY DATES +" PIER LENGTH WATERWAY: FISHERS ISLANND SOUND a "� " L �" """+� DATE NOVEMBER 9,2022 " gyp" 1SED 3-24-23 L.F, �� 0 �m PIER LENGTH� APPLICANT: LINCOLN FRANK � L WALKWAY AGENT: SHEET 3 OF 4 �� " ir mr -15DE -17-2 3 D.I.R OFFSET ROM D ocKoINC.Nc :w u. RCH NOTE$PILE Kelth B.Neilson,PE C68,692-" DIAMETERS Mystic,CT 06355 _ 1Iw.UFf °,, 860 572 8939 DWG 22-10-3251 aa� EMAIL:ofRce@docko.com Keith B.Nellson,Docko Inc. 9///2023 11:29 AM Frank Permlt 3-E_Vespos.dwg NEW 12-IN DIAMETER NOTES• I � °1 C PILE wFTh TIDE SLIDE -DECKING NOT GGA TREATED. TOP EL 15±F7(TYP) HARDWOODS MUST BE CERTIFIED BY FOREST STEWARD5HIP COUNCIL - - -ALL PILES ARE 12-INGH DIAMETER 4-FT ` 1(5tFT EDGE OF PIER(TYP) m- � DECK WIDTH NEW LADDER( "P)- _NEW 4-1-7 WIDE PILE SUPPORTED PER END DECK EL 4 3±FT ,o NE"wV TIDE SLIDE(Tl'P) �' NEW 12-IN DIAMETER PIER f''� 4 I""� SUPPORT PILE TOP EL 4-� '""f NEW SPLIT CLAMP and ABOVE DECK(TYP) — ZCRO,55 BRACE('TYP) -AHWL 19 -NAVE)0.0 BOULDER... _. EELGRASS -ALWL-1.7 k p P� NOTE:WATER DEPTH AT END OF PIER 15-4-FT ALWL 777777,171 -1 "".n""�, AM ., """+u�+ b 5CY"T01-1 5FrVIMENTS SAND ENr� viEw NOTE:OUTER TIE-OFF PILE NOT GRAPHIC 5CALE 1'=6' SHOWN IN THE PROFILE VIEW 6 3 O 6 100sFT PORCH TO END OF PIER . .._...._...._..._..................................... ........._.-eem............_�_..... 4-FT WIDE X 98:FT PIER LOA ................._..���� — 87tFT AHWL'THRU FLOW'DECKING NEW 12-IN DIAMETER mm.. 314:T SLOPED PIER EXISTING CONCRETE � I OFA PILE with TDP MUM 1 10 S PORERPORCH DEGELR SLIDE TOP EL 15±F-1-�) LS � � BEOINNN - DECK NEW4-F7W09 10ESNEW�ID R Y PILE 3UPFOZED BE CABLES AI FWL PIER END EL 4Y II``�TE „SETNuN 1" 1 . � : 3tFT � �- 4-FT WIDE WALi�W 5±FT 2tFT w BouLDE MH NEW NEW UTILITIES � — � � li L 9r ALWLD] MIN, NEAha 12 PN 0,1A 'tETER PIER SUPPORT NEW LADDER P) PILE TOP EL 4-FT ABOVE DECK(7YP)'` � r�� .:,. . 1 GRAPHic 1'=I3' ELEVATIONS ARE BASED ON NAVD 1988 1s...._.......�o s o is PROJECT: NEW DOCK hBED 3� 23 T.O.S. LOCATION: NORTH HILL-FISHERS ISLAND-TOWN OF SOUTHOLD SUFFOLK COUNTY,NEW YORK METFc a,PIER GINNING ELEV WATERWAY: FISHERS ISLANND SOUND L D 4-17-23 T.O.S. DATE: NOVEMBER-9,2022 p p ILC-DIAMETERS APPLICANT: LINCOLN FRANK AGENT: SHEET 4 OF 4 DOGKO, INC. � . UAW r M Kelth B.Nellson,PE 33L 7 Mystic,CT 06355 � 1 8(505728-93-9 DWG22-10-3251 rob1" EMAIEMAILoffice@docko.com Keith B.Neilson,Docks Inc.-9/7/20231131,&M Frank Permit 4-G.dwg Opoks 1. Inc. =inity since 1987 MiDox.421, tic,OT $5 ( 572-8$39 F ,( )572_7569,email:office o ko.' February 23, 2023 Southold Town n Trustees 54375 Route 25 - P.0-Box 1179 Southold,NY 11971 ° Re:.Lincoln Frank 2736 Crescent Ave,Fishers.Island,NY New Fixed Pier Dear President Goldsmith and Board of T" tees: In regard to the above referenced property, enclosed are four`(4) sets of the following application documents for a new fixed wood pile and timber pier at the property of Mr. Lincoln Frank for the Board of Trustees review: l.. Town of Southold Wetland& Coastal l-trosion Permit Application including: a: Short.Environmental Assessment Form b.. Authorization and Disclosure Forms c. LWRP Consistency Assessment Form 2. Project Plans titled`"New Dock"by Docko, Inc. 3. Narrative statei ent prepared by Docko, Inc. c. 4. Site photographs'and maps 5. Application fee of$500: 6. Additional-a c ents'including: a. Joint Application Form A. .N Y'DOS Federal Consistency Assessment Form c. Environmental Questionnaire d. NOAA EFH Assessment e:. Permission to Inspect Property I trust this information shall allow you,to process our permit request. Should,any additional information be required,please do not hesitate to contact our office. Very truly yours, DOCKO,INCA . e�ith B, Neilson, P.E. Kl3N:c1 Enclosures CC: Lincoln Frank US ACE NAN Regulatory Branch NYS DEC Enviromnental Permits NYS DOS Of ace of Planning and Development File: 06µ0e'-11152 FRANK . Glenn Goldsmith,President ro` g° p"�� Town Hall Annex ' °"° "�� `" A.Nicholas Krupski,Vice President � .� ii r � 54375 Route 25 Eric Sepenoski �l ` P.Q.Box 1179 Liz Giliooly � Southold,New York 11971 Elizabeth Peeples �o ` Telephone(631)765.1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD This Section For Office y Use Only _ Coasl::il Erosion Permit Application Welland I''ennit Application �_ Jdtninistrative Permit ------:Amendment/Transfer/Extension Received Application; `Received Fee; 5 _. Completed Application Incomplete: ... SE RA Class lcat:jon Type I 'Type II Unlisted Negative Dec. Positive Dec, _... I.,ead Agency Determination late: __—Coordination:(dato —LWRP Consistency Assessment Form Sent: CAC Referral Sent: Date of Inspection: Receipt of CAC Report: __- Technical Review: lt�Ilic Clearing Held ,. Owneral Name of Property ) �s)Legal p rty (as shown on Deed): Lincoln Frank MailingAddress: 1170 Fifth Ave,New York,NY 10029 Phone Number: 917-660-2955 Suffolk County Tax Map Number: 1000 - 1006.-6-1-8 Property Location: 2736 Crescent Ave,Fisher's Island,NY if necessary,provide LILCO pole#, distance t_._. o cross streets, and location) AGENT If applicable): et B... E Neilson P. ,Docko,Inc .w. P.O.Box 421, Mailing Address: „ , , Mystic,CT 06355 Phone Number: 7`2-8939 Office@dooko.com ffice@docko.com 860)5... .e._ __. .,. .... .:...._� Board of Trustees Application GENERAL DATA Land Area(in square feet): 1.91 Acres Area Zoning: R-80 Previous use of property: Residential Intended use of property: Residential Covenants and Restrictions oil property? Yes X No If"Yes",please provide a copy. Will this project require a Building Permit as per Town CoderYds X No If"Yes", be advised this application will be reviewed by the Building Dept. prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from..the Zoning Board of Appeals? 'Yes X No If` Yes",please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept.? Yes No Does the structure (s) on property have a valid Certificate of Occupancy? X Yes No 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): Construct 90_LF of 4-FT wide fixed ood Je a� rater ie % vwhich 9". Ll*i w+ to tkv Line and 77±LF is waterward of the Apparent High Water Line,including rails,and water/electric utilities,'r tie-off piles and two ladders. Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: This proposed project is to constrcut 90+/-LF of 4FT wide wood pile and timber pier of which 77+/-LF is waterward of the apparent high water line, including rails, seve tie off piles with tide slides, two ladders and electric and water utilities, waterward of the apparent high water line. Are wetlands present within 100 feet of the proposed activity? �_No Yes Does the project involve excavation or filling? --Z—No Yes If Yes,how much material will be excavated? NA (cubic yards) How much material will be filled? NA (cubic yards) Manner in which material will be removed or deposited: Not Applicable, no fill or excavation Describe the nature and extent of the environmental impacts to the subject property or neighboring properties reasonably anticipated resulting from implementation of the project as proposed, including erosion increase or adverse effects on natural protective features. (Use attachments if necessary) There are no forseeable environmental impacts to the Frank property or adjacent properties as a result of this porject. The proposed pier orginates from the cottage porch and remains elevated at least 5 feet above the sandy boulder covered beach sloping down following the beach profile to deck elevation of 6 feet avoce the apparent low water(MLW) elevation over unvegetated ground and beach and well clear, 150 feet or more, from adjacent This dock facility will not change erosion or scour patterns of the beach. The eixisting natural protective features, boulders and stone, will not be changed.The dock facility will not change water flow and ciruclation patterns and will not focus breaking wave energy on the beach features. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: The purpose of this proposed project is to establish a waterfront dock in support of recreational boating. Area of wetlands on lot: 300+/- square feet Percent coverage of lot: 1 % Closest distance between nearest existing structure and upland edge of wetlands: 150 feet Closest distance between nearest proposed structure and upland edge of wetlands: 150 feet Does the project involve excavation or filling? "" No Yes If yes,how much material will be excavated? NA cubic yards How much material will be filled? NA cubic yards Depth of which material will be removed or deposited: NA feet Proposed slope throughout the area of operations: No Change Manner in which material will be removed or deposited: Not Applicable, no fill or excavation Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason.of such proposed operations (use attachments if appropriate): The proposed dock facility will eminate from the cottage with driven wood pile supports and no impact on tidal wetland vgetation. There is no impact on tidal wetlands vegetation. There is no "tidal wetlands" marsh on this site. Board of Trustees Appiaat:3or� AUTHORIZATION AT (Where the applicant is'lot the owner) I/We, Lincoln Frank Owners of the property identified as SGTM# 1000 & l-L .— --_in the town of w New Yo rle hereby authorizes Doeko,Inc. ,. P.O.Boll' M YSTIO O T 0355 to act as my agent ad handle all necessary work involved with the application process for perrnit(s) from the Southold Town Board of Trustees for this property, Fro �.. ,.. .. perty Owner'sSl n store PropWy Owner's s Signature �,..,.��.�. �.,...M SWORN TO BEFORE MB THIS .. .µ. DAY OF _ P � 0 . ;�2z� µ Notary Public e, . Hoard of Trustees Application I1I1"IDAI°'I' Linoo]n Frank - .. _. . BEING DULY SWORN II u'I OS S A I AFFI S T AI"DFI�II I APPLICANT FOR TIME ABOVE D IIED ISE I'I' S ASD THAT' AI I,S'TA'TE `NTS CONTAINED HERE IN TO TI QST OP' "IS I I 1 I O I DGE AND BELIEF,AND THAT AI,I �'OR� "ILI« SIS DO! I.ISI 'IA I I SET FORTH IN THIS APPLICATION APP O' IjD BY"THE SOUTHOLDTOWN BOARD OF TRUSTEES, THE APPLICANT AGREES To HOLD TIRE TOWN OF SOU'THOLD AND THE DOA OIC"TRUSTEE IIA I.ESS AND FRE FROM ANY AND'AIT DAMA+ ES AND CLAIMS ARISING UNDER OR DY VIRTUE OF$ P E IT S r IF GRANTGRANTE D. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE T HE TRUSTEES,THEIR AGENTS OR REPRESENTATIVESP 1NCLUDING TIDE CONSERVATION ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY*'"O IN'SPEC'T THE PRE NINES IN CON ION WITH THIS APPLICATION, INCLUDING A FINAL INSPECTION. I FURTHER A ZE THE BOARD TRUSTERS TO ENTER 1TO MY P OPE TY AND ASUTHOI REQUIRED TO INSU OE COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL EROSION PP IT ISSUED By THE BOARD OF TRUSTEES DURING THE TERM OF THE PERMIT. msµ, Sx Signature of Pm.�..,.�. .w.�.,��.... . "M.�..,,....... Perty Ovtmer "•"natureofProp �.. ...,. ..,�.. ... _�. Property Owner SWORN TO BEFORE ML THIS��DAY OF W 7RANSAMONAL DISCLOSURF, Y011JR1dAMl;t Linooln Frank _ (t,n t a� a„ r namq rldaia haitidl,opt, rau are a�iyin pt9 flee nano of soaroono eine tar other ofxlity,swrelt as a aompaN',If so,indlcata 1»Ita other person's or cornpattyy'a naaata ) NAME OF APPLICATION: (Check all that apply,) Tax grievance Building 'Variance - ,�. . ClwarnSo:efZOaae Trustee —_. Coastal ErosionApproval of lr'lat Mooring Ex4nuption from plat oroftlaial map Fla,nrting Outer �. (If"Other',name the activity,) ltw�c �pi (iyq Va you Ir-rsonnlly for Ihroup.kr your company,spotlsc,ellr'iin ,parent,0r,01111(l)Iwo a folntlon'ship wi'lh aaawy awlticer oromploya ot'tlre"fawn n u4"aaaaglawalail `°Itaiationslaip"hacludas by Wood,Matriafo,or,busiawc t 111t0fest."Busincs,,;hoorrst"Irweaaatj as tatcsiwaess,, Including a parolorslalp,in rvhiclt wlto low o tflwr ref empl0yco tans oats a partial owilcwshilr or(ar wnpltayraw wt by)a corporaatiarn it'Which alta towel o icer or cmnployco owas 11101•c Haran 5%Oa by sljrVw.. YES �.. �.�.— NO lgYou answered"YES",complete the balance of thi$form and date and sign wh6ro Indicated. Name of perspn employed by the Town of St uthol(l Title or posltian or that person Mserlho the relationship between yoatrsolf(the,Opp licantlager)I/mpresentative)and the town o(flceror employee,Either ohook the appropriate lino A.)d Mugh 0)and/or describe in the sfraace proAded.. The town 01MM ox employeo or his or her spouse,sibling,paront,0 child is(cheek all that apply): „„„„�A)(etrao7:dcs°ofCrantertiaaaaa " oftheshtaaysoft114 corpbrattedtockof,IM-pp plicNCt� (when the a)plloant is n corportMtlon), ft legal or rcfaeficial otvn r of uny intercA In a mal-corpooft entity(wl"tdd'lhe aiapliaawrt is not a corpomilon); ---C)In officer,director"pnrtaaoi.of employee of the applicant;or —O)fire actual applicant" DESCRIPTION OF RELATIONSHIP Submitted his tay of Slfra<ftraro w.. .� Print Name Form TS ! Short Environmental Assessment Form Part I -Project Information InstElLetions for ComRLeting Part I–Project Information, The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or Investigation would be needed to My respond to any,item,please answer as thoroughly as possible based on current.information. Complete all items in Part 1.You may also provide any additional inform-nation which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1–Project and Sponsor Information Narar�of Action or Project: New Fixed Wood Pile and Timber Dock Project Location(describe,and attach a location map): 2736 Cresent Ave,Flshers Island I Brief Description of Proposed Action: Construct 90±LF of 4-FT wide fixed wood pile supported pier In which 69±LF is waterward of the Mean High Water Line and 77±LF Is waterward of the Apparent HIgh Water Line,Including rails and waterfelectflo,utilities,6 tie-off piles and a removable,pile restrained ships ladder. Name of Applicant or Sponsor: Telephone: 917-660-2955 Lincoln Frank E-Mail: leftank57@grrma1I,cam 1170 5th Ave Cit PO. State: Zip Code! Now York NY 10029 1. Does the proposed action only involve the—legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that 1-71 ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. LA 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval: DO— z- 3. a.Total acreage ofthe site of the proposed action? 0.008 acres b.Total acreage to be physically disturbed? 0.008 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1.91 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: 5. ❑Urban m Rural(non-agriculture) 0 Industrial El Commercial 91 Residential(suburban) ❑Forest ❑ Agriculture [Z] Aquatic [Z] Other(Specify): Beach ❑Parkland Page I of 3 5. Is the proposed action, NO YES N/ . a. A permitted use under the zoning regulations? 1:1 ❑ b. Consistent with the adopted comprehensive plan? Z ❑ 6. Is the proposed action consistent with the predominant character'of the existing built or natural landscape? NO YES ❑ ❑ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES Name:Pewnic Bay and Environs,Name:Flshers Island,Reason:Protect public health,water,vegetation,i£scenic If Yes,identify: beauty,ReasorrBenent to human health 8 protect drinking water,Agency Suffolk County,Date:7-12 88,Date:... ❑ ❑ 8, a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed EZI POO action".? 0 ❑ 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: DIV 10. Will the proposer)action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: No potable water service is needed for this dock facility. Z El 11. Will the proposed action connect to existing wastewater utilities? _ NO YES If No,describe method for providing wastewater treatment: 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeologic.a,i site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ archaeological sites on the NY State,historic Preservation Office(S-IPO)archaeologicalsite inventory? 13. a. Does any portion ofthe site of the proposed actiota,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ ❑✓ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If es identify the wetland or waterbody and extent of alterations in square feet or acres. The act i ir FisherswmiWd djLega Island�d and nrk nd wdl� approximatelyb- 276 S r�fa the water surfaceOti eO, s but-n d mcg tea mod sand sediments.The pier path avoids tidal wetlands and eel grass growth areas. "p Page 2 of 3 ei 1�ut Occur�n,or arii-Flk-c—lyto 6 I del",1�11 a�11_114W—In I-lia-t P 64 porest A'Sricultural/grasslancls Early mid-successional OWatland El Urban Suburban or associated ".1;r, listod Federal government ON threatened or endangered? NO YES Is 410 Profcdsibs 'Plan? NO.1.YES SES a, 17. Will the proposed action create storm water discharge,eitiler from point or non-point sources?If Yes, No a. Will sWnn water discharges flow to adjacent properties? R1 [I b- Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? D ItYes,brlcfiy describe: is, -es th a pp- DFOsed�Retjon KITB�Construaijon ci-C6WO-L70vili'DA that would woula—Multin the "Vill(4water NO YES or other liquids(%g.,retention pond,WaSto lagoon,dam)? If YiBS,exP)Qln the Purpose and size of the iftxPoondinent,___.__ 5. ins F liz sumo oft pm� std action r an il 6 manageiment facility? d ;imuia�L'property been 11 five or cl;scd—solld If Yes,describe: 2o'HOs the sitc of the proposed action of�811 cohipleted)for Ijazardous waste? remediation(ongoing NO �mmYES If Y%,dcscrlbe� El I CEWT—IFY'Trl--IATrHLr 1--N-FOR—Mi;l7iCiN-ii-koVlDvDIABOVC.—16—Tiij-TIF MY KNOWLEDGE THE BEST OF Signature: 'iljC..Owner PRINT FORM Poge 3 of 3 EAF Mapper Summary Report Thursday,March 3,2022 3:20 PM Disclaimer, The EAF Mawer is a screening toot intended to assist & Protect sponsors and favIeWinfg agencies to prepafiing an environmental assessment form(EAF)s Not all questions asked In the EAF are f arsaoyered by the EAF Mapper.Additional iftf mation on any+w gueotisn can be obtained by consulting the EAF Workbooks, Although the EAF Maipper provWas The most Up-to-date ftital data arrallabW to 60A, a; DEC you mey+also naad io contact local or other data sources In order rt i to obtain, do'Na not provided by the Mapper.DV Is]dopa os rout'a substRute for agency datprminoWns, x� I 11t- . r rfrk u9r ;frwrt r Y^h4�ahaN �a 3A,g Mme N l.'N qt gg wAd � �� b T6tktwo a9Araw l I - l-ate,. t 6 ,rm rah ytw rmgd�hrtluAt ` ��, I : r ' rB a r�t� tE aha rat �." k p(� rl! 'i' 11 atr t,@3rtgNfltl�uaKt 9 r , rxrfN' � �lt,t tto il, a � o � TNlwnrh� Ir��� tn � ' � 9 �� "ft� �it� tfi, ibrt Esli"{1tIdrrap,i ,I .47reet bla. rttctNattrs, tl.f r rt rtw�j : E 'f d s taN ttr:w+d�t �� 'Part 1 I Question 7 [Critical Environmental Yes Area] rt Araea-Intify]Question 7[Critical Environmental e l lth,water,vegetation &scenic beauty,and Environs, i hers Reason:Beneflt to human health Part 1 Q protect drinking water, Agency Suffolk County,Date:7-12-11111,Date:3-1g-30 Question 12a [National or State [ No egister of historic Places or State Eligible -, .. art 1 !Question 1 2 b [Archeological Sites] Yes QuionSa( etlandor Other Yes Digital mapping information on local and federal wetlands andJ.Ra Na Wakl ] vaterbodles Is known to be incomplete Refer to IAAF Workbook Part 1 C Question 1 [Threatened or No Endangered Animal] Part 1 Question 10.[. ., ...._.... .., ,...... .,,. M . . ...... ... ..... -0, 100 Year Flood Plain] Yes Part 1 1 Q.uestlon 20[Remediation Site] f No Short Environmental Assessment Form-EAF Mapper Summary Report Town of Southold C MISTENCY ARSRIRA_MNT FORM A. INSTRUCTIONS 1. All applicants for permits* including, Town of Southold ,agenciesshall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfrt int Consistency Review Law. This assessment is intended to supplement other information used by a "Town of Southold agency in rnaking a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal ftsion Hazard, rea 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local 'Waterfront Revitalization Program. 10 osed action will e evaluated as to its siict beneficial and adverse effects :.fie coastal as°ea lacl iacldes all ofSoutlaold"laws} 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Tl�ns eaclr •ir�sw r• must he ex l�tineI in data%l listir� both su ortins and o�a� su rar"tin :ibis. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it sliall not be undertaken. A copy of the LWRP is available in the following places:online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town CIerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1006-6 - 1 PROJECT NAME New Fixed Pier The Application has been submitted to(check appropriate response): Town Board ❑ Planainp,Board❑ Building Dept. ❑ Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation,land transaction) ❑ (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action; C► struct O .LF of l-1 l wide Ixed wood IIIC 11. orted ier in which 69 ALF is waterward of the Mean High Water Line andy, F is waterward of the Apparent High Water Line,itwciuding rails and water/electric utilities,7 tie-off piles and a removable,and two ladders,waterward of the Apparent ater Lane. Location of action: 2736 Cresent Ave.Fishers Island Site acreage: 1.91:6 acres Present land use: Residential Present zoning classification: R-80 2. if an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Lincoln Frank (b) Mailing address: 1170 5th Ave,PHA New York,Ny 10029 (c) Telephone number: Area Code 0, "_&6o,.22,55 (d) Application number,if aty: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes L`/1 No If yes,which state or federal agency? NYS DEC and US ACOE C. 11 valuate the project to the following policies by analyzing, how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the foram be returned for completion. I)EVELOPlgn rnASqr P LI+Cy Policy 1. Poster a pattern of development in the Town of Southold that enhances community character, preserves opera space,makes efficient use of infrustructu rwe?'mattes beneficial use of a coastal location,and minim Mieg adverse effects of development. See LWRP Section —Policies; Page 2 for evaluation criteria. Pus es No � Not Applicable dockUonstruction project rrtakes appropriate and beneficial use of an existing waterfront site and complies W ith enviro:tmental do esigt actors pus e y t le , e oas a arrgerren7—ro—g—raff,— alic e pier will be built to a+ �1��T dec reig�t or more over roc sore trrtn s an pier a eva ton � e •ee, above M1.W. Rai e 2 anc es a ova e e ere wt a Sao ainpatrtrten o wa e ow,nav ga non publzc access arr no attaact on t e vista. is site as on v�saa om b aer proper Y on resen ve, Attach additional sheets><f necessary Policy 2. Protect and preserve historic and archaeological .resources of the Town of Southold. See LWRP Section III.—Policies Pages 3 through 6 for evaluation..criteria Yes 0 No LR Not Applicable Attach additional sheets ifnecessarg Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria YesEj No RI Not Applicable Thebite is reall onl visible from 4 or b homes on Cresent Ave east of the stle. There are no State Federal or Town scenic vistas along Cresent Ave. The proposed Maier will be most clearly visible to boaters nearshore within a couple of uun re yar s b s ore o c o t e east o ort Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—policies pages 8 through 16 for evaluation criteria Yes [] No © Not Applicable to be m a oo prone zone area; there is wave ex osuae at tin ged The proposed dock construction'wtll take lace aloe the easterlyshoreline of No d p F North Hill and is acknowledged g lne new rcr w 1 ave a rtttrttr�rjtn ec . g s site. T et int of feet above terrain,except at tlae landtn and 6 .eet above mIU at the boat six . T e peer wil e btai:lt to w nstaznd complete scnbrnersion and resist hydrostatic and lnydrodynaannrc upli pressure due to lloodin and g typical wave conditions. the pier site ltas been selected to avoid tine eel re s vrhich grows in small beds or cltan s near shore. The pier extends onnt lost ast the eel grass so that Mating g p oatin usage will no�t� impact the eel grass. Attach additional sheets if necessary Policy 5. Protect and iulprove water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria EJ Yes 11 No 10 Not A,p��licablc This ro'ect will not have an afFdct otn tine switabili or availabili of water on Fishers Island, Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife habitats and wetlands. See LWRP Section Ill—POI cies; Pages through 32 for evaluation criteria. 22 Z 11 1:1 ./Yes No Not Applicable This site is a very active, occasionally high energy wave break zone and as result there is little shoreline vegetation. This project as consistent with t is po 11 C! acetosa ae propose a eve ono a Sze as ve the bottom seditnents beneath w to a wet ori s vee tion or even su txterg uaa . The l*d 'S 1EC prepared a stu y s owing at pressure- rea ou a e ow qtr tom . rxtaterials aze suitab e for this type 14 proect lastgnc rials. T con iguratio s gown on tae "a trtngs j rove ata pp aan Zest aaad access sten r s wa out epa"ivan any veg a ton e oppo gt" Attach additional sheets if necessary Policy 7. Protect and improve, air quality in the Town of Southold. See LMW Section III — PoIicies Pages 32 through 34 for evaluation criteria.. El Yes ❑ No Not Applicable lt" "ect and no emissions will be enerated. Attach additiottal sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LVW Section III—Policies, Pages 34 through 38 for evaluation criteria, a Yes ❑ No EJ Not Applicable There will be no solid waste or hazardous substances and wastes generated from this project. Any pressure acardance wttla current re ulatiotas to train' dock construction will b o act ata appose o`in treated wood timber and clan triMmita s from the tnxaze potential herrn, l e eats. PUBLIC COAST POLICIES Policy 4. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies;Pages 38 t ou h 46 for evaluaatihri criteria. 0 YeO No El Not Applicable The land origin point of this project isrivate land. The e Public Trust Lands and Waters constitutes the area between the Mean High Water and Mean Low Water Lines and the r ou es from the Hi h Tide Line or Darent ITi orh Water line out, Environmental resources at this site are limited and site habitat futures are " bein resercvked hIar.eTah�e wpaottee rnwtiaaarltafoasr ao growth tiys osnisbeing aeraienreasgc n pursoeai.oc s i e eawyc ee R otaMT a-g neig t standards dictattedby te n inthis area and the construction oithe pier and do are not likely to in uencd or change this fact. in the boulder field which spans m lie int rti a an s a ovv n a zone. Attach additional sheets ifnecessst WORMNG COAST POLICIES Policy t 1 's water-dependent a promote s ' water-dependent s in suitable locations. See LMW Section III–Policies; Pages 47 through 56 for evaluationcriteria. Yes r I No Not Applicable The p4T2se of h � �s°ccreat or at r de er€rlent �m aont ng ss defined n e a is aao t tr e ._.. ... .__.,. recroonalalw � ._, ole island or t w ger �._ niaiiilarad witbout ad ep s ens do for t o rtrn n t�Iie l Tl�c doc.l� fac�lrt •�°rll roe anal toat .��_ A L rortn ry� oci � � ,, �_._� .. . .p .__. th. dock..i1si n. ere tll c tal i t acts'fsee ion or sul r e t *ge e_.. c a tough. attd a����le � esources tk� � acens h related tt oltat�ota o +actla� this o �._� o cct thin ti constr _ _. n. � cc on air u a e o tt e cioc der cie �e ti f— boating access. Tle rr�s oi'nrn��?nal lin tl1 to'staycoa sistentstanrrs Attach additional sheets i neo s � ... .� .... Policy 1.1.. Promote sustainable use of living marine resources in. Long Island Sound, the Pectt is Estuary and Town waters. See LWRP Section III--policies; pages 57 through 62 for evaluation criteria. l es 01 1:1of Applicable _'Jif docs cilliil11 not be qLeAfor cominercialIfishiny o�shellEisltin i.n cistrics or enter a r°ses. 's project desgin i. rd t°atm to tl resources on pie ...d ll r rt a e�°sel�ff ct m rine or tial r�retla�� l�nor gill nt adwei° el alfe; ltis7gtrlLirsou cel rirrwt° c to rusa Lc° Attach additional sh eats if necessary ,.-.-.-.........--, Policy 1: . Protect agricultural lands in the Town of Southold. a LVVRP Sectionpolicies pages 62 through h for evaluation criteria. ; Dyes No 10 Not Applica,ble attach additional sheets if necessary,.._ ,._ .... _ . Policy 13. Promote appropriate use and development of energy i r l resources. ee LVMP Section M--P011cies; Pages 65 through 68 for evaluation criteria. Yes El No Not Applicable PRF,PARED BY Keith B.Neilson,^P.E.,Docico,Inc. TITLC+ AgentDATI�I February 20,23 4NO wl i + �rta1 t f Office of lie a , TATE' nrxl+artal General Servlltel: of tat Conservation USA O�rp �zt a�ler�a JOINTAPPLICATION FORM For Permits for activities activities affecting streams,waterways,waterbodi-es,wetlands,coastal areas,sources of water, and endangered and threatened species You must separately apply for and obtain Permits from each involved agency before starting work. Please read all Instructions. 1. Applications To: >NYS Department of Environmental Conservation ❑ Check here to confirm you sent this form to NYSDEC. Check all permits that apply: ❑Dams and impound- ❑Tidal Wetlands ❑ Water Withdrawal ❑Stream Disturbance ment Structures F-1 Wild, Scenic and ❑ Long Island Well ❑Excavation and Fill in E]401 Water Quality Recreational Rivers Navigable Waters Certification ❑ Incidental Take of I ❑'Coastal Erosion Endangered/ ✓❑Docks, Moorings or Freshwater Wetlands Management Threatened Species Platforms >US Army Corps of Engineers +f❑ Check here to confirm you sent this form to USACE. Check all permits that apply: ❑Section 404 Clean Water Act Section 10 Rivers and Harbors Act Is the project Federally funded? 0 Yes C,(3 No If yes, name of Federal Agency: General Permit Type(s), if known: Preconstruction Notification: n Yes E 1 No >NYS Office of General Services ❑ Check here to confirm you sent this form to NYSOGS. Check all permits that apply: ❑ State Owned Lands Under Water El Utility Easement(pipelines, conduits, cables, etc.) ❑✓ Docks, Moorings or Platforms >NYS Department of State 0✓ Check here to confirm you sent this form to NYSDOS. Check if this applies: ❑Coastal Consistency Concurrence 2. Name of A licant Lincoln Frank Tax a er ID if a2plicant is NOT an individual Mailing Address Post Office C Cit State Z1 1170 5th Ave,PHA New York NY =10029 ] Telephone 917-G60-2955 Email IlefrankWagmail.com Applicant Must be(check all that apply): ©Owner 0 Operator ❑Lessee .Name of Pro a Owner If different than Applicant) Mailin Address Post Office/Cid State Zip 1: — 1 :1 El L--L] Telephone Email or br c eeLA `eppsrplbnmer: JOINT APPUcAnON FORM 08146 Page l of 4 JOINT APPLICATION FORM—Continued. Submit this completed page as part of your Application. 4. Name of Contact/ elft Keith B Neilson, P.E.,Docico, Inc. Mailing Address Post Office/Citi State l P.O.Box 421 Mystic El 106356 Telephone 860-572-8939 Email office doclo.com 5. f'ro"ect r FacilityName Pro rt Tax Ii�Stl on/Block/Lo#Number':. New Fixed Pier 1006.6-1-8 Prollect Street Address if licat�Ye Post Offrce/Cit State i 2739 Crescent Ave NY Fisher's Island 06390 Provide directions and distances to roads interseeotions bridges and bodies of water Es,e*attached �: Town Village ED city Count Stream/ V"aterbod Name 5outhoid Suffolk rs Island Sound Latitude:'''41 � 16 r2'=9N= clods Lo agrees„ mI'nutes seconds: Pro'ect Location Coordinates: Enter Latituand Lon ngitude: 71 01 1'1.6W 6. Project Description: Provide the following information about your project. Continue each response and provide any additional information on other pages.Attg2helanis on se agate a es, a. Pur ose of the pri Deed oro"ect: The purpose of this project is to construct a dock for private recreational boating. b. Descri tion of current site conditions: E roperty is a developed home site in a residential zone. The grounds are fairly wild down to the riparian buffer at the line beyond which is open water as surveyed and documented on the application drawings and survey. Boulders are y intermixed with the tidal vegetation and out beyond into the shallow sub-tidal zone. Eel grass grows abundantly out at 20 fee offsho and tfre ro osed ier. c. Pro osd site changes: This proposed project is to construct 90+/-LF of 4FT wide wood pile and timber pier of which 77+/-LF is waterw7apparent apparent High Water line,including rails,7 tie off piles,two ladders and electric and water utilities,waterward o High Water line. d. Type of structures and fill materials to be installed, and quantity of materials to be used(e.g., square feet of coverage,cubic yards of fill material structures below ordinar ;mean hi h water etc. Tine dock facility will be a wood pile and timber structure covering approximately 360SF i e. Area of excavation or dyed inR volume of mater,iall to be removed,location of dred a material lacement: There is no dredging associated with this project. If boulder relocation is necessary for pile driving associated with the pier. The boulders will be reset between the pile bents beneath the pier. f. Is tree cuttingor clearing proposed? Ell 9 p P sed? Yes If Ye=1blow. � No Timing of the proposed cutting or clearing(month/year): Number of trees to be cut: Acreage of trees to be cleared: JOINT APPLICATION FORM 08M6 Page 2 of 4 JOINT APPLICATION FORM—Continued. Submit this completed page as part of your Application. % Work methods and a of equipment to be used: This project will be built using marine construction equipment consisting of a deck barge with mounted crane. Pile driving will utilize the crane to hoist the piles in place and drive them to 10 to 15 feet of embedment then hoist large timbers such as the split clamps and stringers into position. Decking will also be transported to the site on the barge with the float and ramp but put into lace manuall with hand tools. h. Describe therlanrred sequence of activities: Iobi'lize to the site,drive piles,connect split clamps and stringers,fasten decking,drive the tle-off piles,demoblize. i. Pollution control methods and other actions proposed to mitigate environmental Impacts: There are no needs for pollution controls except for fuel spills and the construction barge carries a spill kit for use in such emergencies, Erosion and slit control methods that will be used to prevent water quqitWim pacts., There is little work requiring excavation and that would be limited to the trench across the lawn to provide electrical and water services if necessary,colocated. Utilities will span from the house to the pier that work will be across the lawn,within DEC jurisdiction but not in the water or tidal wetlands. k. Alternatives considered to avoid regulated areas. If no feasible alternatives exist,explain how the project will minimize impacts: The pile driving is essential to support the pier and work over inhospitable terrain of rocks and boulders and to stay above the tidal wetlands. The length of the pier coming to shore at the cottage is to avoid continuous foot traffic across the beach and to avoid trenching for utilities. See attached narrative to address alternatives in fair detail I. Proposed use: 0 Private ❑Public ❑Commercial m.Proposed Start Date ASAP02� �, Estimated Completion Date: April 2„� w �❑ n. Has work be Jun on ro'ect? 0 Yes If Yes,ex lain below. No o. Wlilrojrct�occupjr Im"ederal State or Municipal Land? Q Yes If Yesex lain below. ED No I p'. List an revious DEC, USAC 'LOGS or DOS Permit/Application numbers for activities at this location: There are no known permits for this site. i q. Will this project require additional Federal, State,or Local authorizations, including zoning changes? 01 Yes If Yes, (list below. No NYS DEC Permit Tidal Wetlands Town of Southold Permit Tidal Wetlands and Coastal Erosion US Army Structures Permit JOINT APPLICATION FORM 08116 Page 3 of 4 JOINT APPUCAMN Form—Continued, Submit this completed page as part of your Application, 7,Signatures. Applicant and'Owner(If different)must sign the application. Append additional pages of this Signature section If there are multiple Applicants, Owners or Contact/Agents. I hereby affirm that Information provided on this form and all attachments submitted herewith Is true to the best of ray knowledge and bellef. Permission to Inspect - I hereby consellt to Agency Inspection of(lie project site slid adjacent property areas, Agency staff may enter the property without notice between 7.00 am anti !010 prn,Monday.. i--rtday, Inspection may occur without tate owner,applicant or agent presant,If the propearty is postern with''keep raid°si,gns of,fenced with an unlocked nate, Agency staff may still enter the property,Agency staff may take measurenienis, analyze site physical characterisllcs,take sell and vegetation samples„sketchy and photograph the site, I understanrl that failuro to give this Consent inay resUll in dental of the permit(s)sought by this application. False statements made herein are punishable as a Class A misdemeanor,pursuar°rt to Section 210,45 of the N"a S Perini Law. Further, thpea applicant accepls full responslbllity for all dame, direct orindirect,of whatever,nature,and by whwnevear suffered, arising out of the project described herein and agrees to inderrillify and save hanilIess. the State frorn suits„ actions, dolliages and costs of every narne and description resulting from said project, In addition, pederaq Law, Wltl U-8,C,,, Section 1001 provides for a fine of not more than$10,000 or irnprisonnaent for not more than d years, oa' both where an applicant knowingly and willingly falsifies, conceals, or covars up a material fact; or knowingly snakes or¢,ries a false,fictitious or fraudulent statement, S.I latu f A.a!Hcant Gate �..W�.. � ...,,.��........._p mm Applicant Must be( check ck all that apply): Owner Operator Lessee Printed Name TWO Eincoln Frank Owner '� Sic�r� tcrra of+� °nrif dlfl'arant than A Ilcar�t ._. �. .� Date m-Trated arae Title Signature 1 A ,t M�t" oMMtar: lea Contact y P!L"Lled Name 'Titl'e LKe _�ith B,._...aNeilson,PE, fJocko, Inc. Agent _ lso, �r A erb lMse Only 6-ETEkA N'A"TION O .. .� � Agencyppiia atlon Nu6be'r,l�m (Agency Henle)bees determined that No,Permit Is regpaAred froin.thls AgencyT6a.th rojeci,d(jjC7 bed Inthis application, Agency Represasntativri` Printed �__w,,.. .,„�_ �� NaMMae "l'itie Signature _ .. C�ate W APPLICATION FORM 08/18 ...Page of of� NEW YORK STATE DEPARTMENT OF STATE COASTAL MANAGEMENT PROGRAM Federal Consistengy Assessment F2M An applicant,seeking a permit license,waiver,certification or similar type of approval from a-federal agency which is subjectto the NewYork State Coastal Management Program(CMP),shall complete this assessmentform for anyproposed activity that will occur within and/or directly affect the State's Coastal Area, This form is intended to assist an applicant in certifying that the proposed activity is consistent with Now York StaWs CMP as required by U.S. Department of Com merceregulations(15 CFR 930,57).It should be completed at the time when the federal application is prepared. The Department of State will use the completed form and accompanying information in its review of the applicanfs, certification of consistency. A.APPLICANT (please print) 1.Name:Lincoln Frank 2.Address:1170 5th Ave, PHA, New York NY 10029 3.Telephone: Area Code( )(917) 660-2955 B.PROPOSED ACTIVITY 1.Brief description of activity: Construct 90 LF of 4-FT wide fixed wood 12ile spMorted icr in which 77-ILF is waterwa-d of the Apparent High Water Line including rails and water/electric.utilities,7 tie-offpiles,two ladders and electric and water utilities waterward of the Apparent IiFb Water Lines. 2.Purpose activity: To construct a dock for recreational boating. 3.Location of activity: Soffolk Town of Southold 2736 Crescent Ave County City,Town,or Village Street or Site Description 4.Type of federal permit/license required:US ACE Individual Permit 5.Federal application number,if known. 6.If a state permit/license was issued or is required for the proposed activity,identify the state agency and provide the application or permit number,if known: NY DEC, USACE,Town of Southold Trustees C.COASTAL ASSESS' NT Check either"YES"or"NO"for each of these questions. The numbers following each question refer to the policies described in the CMP document(see footnote on page 2)which may be affected by the proposed activity. 1.Will the proposed activity result in any of the following: YES/NO a.Large physical change to a site within the coastal area which will require the preparation of an environmental impact statement? (11,22,25,32,37,38,41,43).. ........... ... b.Physical alteration of more than two acres of land along the shoreline,land underwater or coastal waters? (2, 11,12,20,28,35,44)—. ........ .........- - c. .... 0 c,Revitalization/redevelopment of a deteriorated or underutilized waterfront site? (1)...... EL JE d.Reduction of existing or potential public access to or along coastal waters? (19,20)...... EL im e.Adverse effect upon the commercial or recreational use of coastal fish resources? (9,10)... f.Siting of a facility essential,to the exploration,development and production of energy resources in coastal waters or on the Outer Continental.Shelf? (29).... ....... . . . . ... . EL E g. Siting of a facility essential to the generation or transmission of energy? (27). . ...... „ E. A h.Mining,excavation,or dredging activities,or the placement of dredged or fill material in coastal wagers? (15,35).. .. .. .. .. .... .. .. . . ........ .... .. .................. L Discharge of toxics,hazardous substances or other pollutants into coastal waters? (8, 15,35) j.braining of stormwater runoff or sewer overflows into coastal waters? (33)............ EL im k.Transport,storage,treatment,or disposal of solid wastes or hazardous materials? (36,39). EL I.Adverse effect upon land or water uses within the State's small harbors? (4).. .. .. ...... a -0 2.Will the proposed activity affect or be located in,on,or adjacent to any of the following: YES/NO a.State designated freshwater or tidal wetland? (44)........................ ........ © I b.Federally designated flood and/or state designated erosion hazard area? (11, 12, 17,)..... 9 c.State designated significant fish and/or wildlife habitat? (7). . ................. .. .„ , d.State designated significant scenic resource or area? (24)........... .............. e.State designated important agricultural lands? (26)............. . „ , .,,.. ...... . 0 £Beach,dune or barrier island? (12). l g.Major ports of Albany,Buffalo,Ogdensburg,Oswego or New York? (3)... ., ...... h.State,county,or local park? (19,20). µ , . ,, ,, , i.Historic resource listed on the National or State Register of Historic Places? (23).. .... . El -0 3.Will the proposed activity require any of the following: YES/NO a.Waterfront site? (2,21,22).. . . . . . .,,....... . .. .. ...,..,................ ...... Im 13 b.Provision of new public services or infrastructure in undeveloped or sparsely populated __ sections of the coastal area? (5).................. .. .. ..... .. .. . „ . . . . .... .. E3 IM c.Construction or reconstruction of a flood or erosion control structure? (13,14,16). . . .. . . ET -0 d.State water quality permit or certification? (30,38,40) . „ ... ............... „ ....„. Ey n e.State air quality permit or certification? (41,43). .. .. .. .. .... .. .... .. .. .... ...... 4. Will the proposed activity occur within,and/or affect an area covered by a State approved local waterfront revitalization program? (see policies in local program document).............. EL D.ADDFTJOIAlr§°tj-jjl ' 1,If all Of the questions in SoOtion C 11re anawered"NO",then the applimt or agency shall complete Section E an('s"1)"lit tile(10WITICAtation required by$,action F. 2.Ifanly of tile questions!in Sr 'etion C a�rc neswet,ed yp S Where apPropriate,tile Joent wa(crrront IVV ",the')the WHWI)t 01�"blent is advised to cemult the CMI),or italil0tion Program donee inent a. The Prollaged activity alult be analyzed in tnorc devil with respect to the applicable state or local coastal policies. Oil a KellarAte Page(s),the applicant,ol,ggent$11011. . (a) idQ,1114,by their policy'nurnbars,wl"ch cilastill Policies tire affected by the activity,(b)briefly asuss the errevis of the activity open the policy, and,(0)state flow 1110 activity is consistent witil eachpqljoy, Fol Wrillen assess"n0lif,file applicant or agolley shall cornplele Section' and submit the doel,1110wi"tile uo"IpIctlon of this S. nentation roqnircd by Section BC1B1-1K11T1j1JF11C.AT[ON U '17he Applicant(it agent Insist cerlify tilat,the propor'm activity is Consistent with,the I Sweet;CAp or tile approvetl jocIA, Il this Ocrtificatj()n cannot be made,the Proposed 2-11—liyLly—sh"ILao—t—lad "The propo,setj activiiy coy lakes With New York gtateil approved Coastal RPprovod local waterfront Tevitalizatio, Ma"agenlont"ruiVAIll,Or with tile 01111licable n Program,and will be conduoted in a manner consistent with such progra Ill." Applicant/Agent'S Name:UnColn Frank Addmssv 1170 Sth Ave Now York,NY 10029 Telephone: Area Code(917601-2955 Applicant/Ageurs Signaature:ture: .�641a— F-SUBMISSION REQUIREMENTS I.The applieajjjt or agent shall subillit the fallmving(IcicuOlonjs to 01'COnstaJ,Local Government and Colum"nilY Stistsiulbilit, tile NOW York State J)epartment of statc,Office y Atim Consistency Review Unit,I Commerce 1`14",99 Wa$lli"114ton Avenuo—Suite 1010,Albany,New Vork 12 31.. 11.Copy of original Signed form. b.COPY Of LhO COMPleteJ federal agency application. C.Other available I '"OtratitiOn Which would support the certification of consistency. 2,"le ftPlillicuut Or agent Shull 1486 ffuWWt a oOPY Of this completed thrra along with his/her application to the federal agenoy. 3.It there are any,questions regarding the submission of this form,contact the Department of State at (518) 474-6000., *These state and local dcr .uments,are available for inspectlau at the offices of M&n federal agencim,Depurtinenl0fony n y Jro men,a I COnsem, adorl and Department of State M910HAI Off lovs,and die allPrwriate regional and County Plantli"S agencies. Local grato docianeals,am also available for hispecdon at Ole of ices,of l , Pro I' he 5PPrOPrilitc local government, 7[Depayrimeat k State of Environmental Conservation Am PERMISSION TO INSPECT PROPERTY By sigtaia"rg this pornaission fottra i'or submission with an aapplicatioll lirr a prrilrit(s) to the Department of' Environalclital ulrserVation("DEC"), the signer consents to inspection by DEC staff 01a the lmr°(aieet.site Or facility ib"avhieh a perllait is sought and, to the extent arecessaaay,alcas � alllacoaml to flee pix) Oct site oI taerlityµ "Mitis e0118e111 allows DEC staff to enter trptaar anti laalss. through such property in order to haspect the projoe't site or facility, witholll prior nasdoo, betw ell the laouas of 7:00 and Sugg p.aar",Monday through friday. lrj)r� ,C stafi,,sil()tlId wish to conduct vara inSpertion at any otlaea°tunes, Df`1C sial"I'Will sty notify the applicant and will oblairla scparate consent for such an inspection, laaspections may take plaice its paar°t ul"tlrr"application review prior to a decision to grant or decay"the peaanitf s)sotlglat. By signing this consent form,the signer agrees that this consent remains In effect as long aas the 01)licad0ta is pending,and is effective regardless of whether the Signer,applicaaaat or all a grent is present at the tune ofthe inspection. Sit the event that the project site 01'flteila(y is posted with any lr)rtxa of-pos(ad"or"keep out"Notices,or fenced in with an unlocked. gtlte, 'iris perta'tisasiOn aatatl1or°i es DR staff to disregard such notices or unlocked time �inpection, gates at the ti The signer ftrrdler aagr°ccs that alaarirrg an inspection,DEC,staff lalaa,y', arnong,otiaer things, take measurenjents, raatay analyze physical characteristicsof the site including, but not l'alaailasrl to, soils acrd vegetation (taking samples l"or atinlysis)„,and may make drawingsand taal(e lA)otugr aph,s. Fallure to grant consent for an inspection is grounds for, and may result in,denial of the permit(s)sought by the application. Permission is granted for inspection of property located at the following address es Frank Property 2788.Crescent Ave,Flahers Island By signing taral fear m, ,f caf)1r, tanderpenaxlly qf erftar y tfro't I caara authorized to,give consent ta) er^rra„fa ,yr DSC sttcaff as de,y Abed to ove, I understand that false staatemenis ni ade heretaa creat punishable a a,t°a Meese,al reaWemeanor arx°"a°rarrrrt tai 'e tto 21 45oft1le Peraal,haw, Lincoln Frank 'a"e Da Print Name and Title Signature _to *The iltocr of this f`au'n tnvst be On lndirtlthtal or authorized representative,of a legal entity tient; owns Ilk,,male Onaa Its in ptvous,,dun aaI"aaao prof rty identified above, n1aiO161 r pias+tMWOTy inreraA in 1110 taopetry lhraaaLrh as r ma ,rvillol sglocauoOt or oncrrlegally binding agreornant,or + i^$W"lttctl perauaissian to Ott tial ianiManvil ttr iags,l oalalry larasa"ussing W tato or other im evsory interest in: the pmorty„for ilia pray°pose ofvormr aing to inspOotion or$,u0jr propOtrly. Permission to Inspcet Property Appliealien Supplement 12M � � E VI Q E 1TAi. QUESTIONNAIRE This is intended to supplement Ellie Form 4345, Application for Department of the Army Permit, or the Joint Application for Permit used in the State of New York. Please provide complete answers to all questions below which are relevant to your project. Any answers may be continued on separate-sheet(s) of paper to be-attached to this form. p TE". ENT purpose Pl 11lAD't" Al i STATEMENT o The ur ose of this form is to provide the dor f Engineers with basic information regarding your project This information will be used to facilitate evaluation of your permit application and for public dissemination as required by regulation... Failure to provide complete information may result in your application being declared incomplete for processing, thereby delaying processing of your application. GENERAL.-APPLICABLE TO AL ROJ"ECTS 1. Explain the need for, and purpose of, the proposed work This proposed project is to construct 90+/-LF of 4FT wide wood pile and timber pier of which 77+/-LF is waterward of the apparent High Water line, including rails, 7 tie off piles, two ladders and electric and water utilities, waterward of the apparent High Water line. 2. Provide the names and addresses of property owners adjacent to your work site (if not shown on the application form or project drawings).. North: Margaret and Lincoln Frank, 1170 Fifth Ave, New York, NY South: Micheal Rothfield & Ella Forshay, 1220 Park Ave, New York, NY (Please note that depending upon the nature and extent of your project, you may be requested to provide the names and addresses of,additional property owners proximate to your project site to ensure proper coordination.) 3. Photographs of the project site should be submitted. For projects in tidal areas, photographs of the waterway vicinity should be taken at low tide. Using a separate copy of your plan view, indicate the location and direction of each photograph as well as the date and time at which the photograph- was token. Provide a sufficient number of photographs so as to provide a clear understanding of conditions on and proximate to your project site. Photographs showing existing site features and resources are attached. 4. Provide a copy of any environmental impact statement, or any other environmental report which was prepared for your project See attached narrative, Short Environmental fonn and EFH worksheet. 5. Provide a thorough discussion of alternatives to your proposal. This discussion should include, but not necessarily be limited to, the "no action" alternative and alternative(s) resulting in less disturbance to waters of the United States. For filling projects in waters of the United States, including wetlands, your alternatives discussion should demonstrate that there are no practicable alternatives to your proposed filling and that your project meets with current mitigation policy (i.e-. avoidance, minimization and compensation). Alternatives considered included wider, higher, Lower, shorter and longer piers, fined pier versus floating docks, boat lifts, utilities, different locations on the site, use of open grate decking, orientation of docking facilities and the like, all of which are discussed in the narrative. The proposed configuration provides for optimal berthing, minimal environmental disturbances and no adverse impact to navigation or Public Trust access to or use of the stretch of shoreline. The project has been reviewed in detail to make sure that the proposed construction techniques were suitable and appropriate for the site and scope of work and anticipated environmental impacts would be minimal preserving the site's habitat quality and avoiding despoliation of tidal wetlands vegetation and submerged aquatic vegetation around this site. A detailed discussion of the alternatives follows: • Length- The length of the pier has been determined based on the unique features along the shore front which require the pier to span over tidal wetlands vegetation„ pass over a boulder strewn shoreline running along the near shore edge which is almost devoid of tidal wetlands, across very shallow waters, and eventually stopping short of an offshore bed of eel grass in water close to 4 feet deep as a stipulated standard by the NYS DEC. The irregular edge of the eel grass patches is unique and has been documented in detail on site. The width of the pier is shown as four feet; five feet would be better because it would be able to accommodate the batter braced support piles beneath the footprint of the decking, however, berthing is not viable alongside the pier except on the northeast edge of the last 30 feet and the width of the pier has already been discussed on previous projects with agencies including the Marine Habitat Protection Bureau in the NYS DEC and the Town of Southold Trustees and 4 feet was determined to be the standard for construction of new dock facilities. • Height- The height of the dock is dictated by two different features related to the cottage and nearshore waters. One is keeping the dock high enough so it will not adversely impact the growth of tidal wetlands vegetation or submerged aquatic vegetation. The second is keeping the height of the pier low enough so that the end of the pier can function properly for boat boarding access while providing adequate slope and without excessive slope which might make the use of the pier hazardous in slippery conditions. • Fixed Pier Full Length-The fixed pier full length is the best option for this site. A floating dock could be a reasonable alternative, however, in view of the boating needs and the growth of eelgrass beyond the selected dock site, a floating dock would be less desirable. The pier is certainly preferable from the owner's perspective based on boarding and disembarking ease and safety and the typical sea state and sea conditions. • Open Grate Vs. Timber Decking- Open grate decking could be used for the full length of this pier in order to minimize shading, however, the pier location avoids all documented eel grass so wood decking will be used. In addition, the height of the pier and its north-south orientation provide the opportunity for sunlight to reach the bottom sediments beneath the pier, from the east in the morning to the west on the afternoon to minimize shading impacts. • Construction Materials- It's anticipated that the pier will be built out of Southern Yellow Pine, pressure treated with CCA Type C in accordance with the study conducted by the New York State Department of Environmental Conservation in the year 2000. The piles may be pressure treated Southern Yellow Pine or Greenheart. There will be 24 12 inch Class B piles in the complete dock facility and they will be driven with a pneumatic hammer. Environmental Resources- The environmental resources at this site include sparse/sporadic tidal wetland vegetation in the near shore area and on eel grass meadow out in deeper water beyond the peripheral of the proposed dock facility. Other than that, the wood pile and timber construction will provide an open unencumbered structure which will not preclude or in any way inhibit free water flow and circulation consistent with the existing site conditions. There are a number of US Fish &Wildlife eel grass avoidance and impact minimization efforts undertaken in the design of this dock facility. They are as follows: ➢ Policy 1- In-water work should be avoided during the eelgrass growing season from April 15 to October 31. Documented eelgrass growth areas have been avoided by the proposed dock facility. Work can be scheduled in the fall through spring to comply with this criterion if the permits are received in a timely manner. There was more eelgrass east of, east of and beyond the proposed pier. Policy 2-Construct the fixed pier a maximum of four feet wide to minimize shading, The pier all the way out to the ships ladder landing has been minimized in its size based on approval criteria from the Town of Southold as well as the recommendations of NM FS, The pier width is 4 feet. ➢ Pol c - Construct the dock a minimum, of for feet above the surface of the water measured at Mean Hi h Water and 4.5 feet over the surface of the marsh with height measured fro-M the bottom of the stringers, not the too of the deck. The standard for deck height is to keep the structure 4 feet above the surface of the water. I would point out there is limited fringe marsh vegetation in this location, and the prevailing pier deck height is at an elevation of approximately 9 feet above Mean Low Water at the point of origin (7.4 NAVD) and the 4-foot-wide pier head is at 6 feet above MLW. The water depth where the eelgrass linear meadow was noted is approximately 5 feet and 3 feet is the typical length of the eelgrass blades. This has been confirmed in our own observations at this site where the tops of the blades are visible below the water surface at low tides. The stringers for most of the pier landing are 8 feet or so above the adjacent sediments and 6 feet above the low water but again the pier siting is such as to avoid the eelgrass altogether. The proposed dock construction will take place along North Hills' northeast shoreline and is acknowledged to be in a flood prone zone area; there is wave exposure at this site. The new pier will have a minimum deck height of 6 feet above terrain except at the landing and 6 feet above MLW at the boat slip and will be built to withstand complete submersion and resist hydrostatic and hydrodynamic uplift pressure due to flooding and typical wave conditions. Policy 4-To Minimize the risk of proVeller dredging and scour extend the fixed portion of the pier so that water depths in the mooring area are a minimum of four feet dere measured at Mean Low, Water, or if the SAV bed extends further than the pEoposed dock extend the dock beyond the vegetation. There was no eelgrass noted in the area of the pier head during our design work. By keeping the pier outside the lateral limits of the SAV bed, we have virtually assured that the boat will not berth over the eelgrass bed. This site is a very active and occasionally relatively high energy wave zone and as result there is little shoreline vegetation and a lot of exposed bloulders. This project is consistent with this policy because the proposed elevation of the pier is at an acceptable height above the bottom sediments beneath which tidal wetlands vegetation or even submerged aquatic vegetation may spread if other conditions are suitable, The NYS DEC prepared a study showing that pressure-treated Southern Yellow Pine timber product construction, materials are suitable for this type of project except for decking which will be of untreated woods or composite (or plastic) materials, The configuration shown on the drawings provides an optimum balance between acceptable design and access standards without depriving any vegetation the opportunity to grow and spread. > Policy 5- Eliminate the rnMl:) and float to reduce shading effects. There is no floating dock proposed in this application. > PolicIv 6- Install a lift for each vessel moored at-thle dock unless not ipractiqgtLte. sailboat). The boat(s) should hp moored in the lift(s) when not, in use. This is to reduce shading effects minimize,the ngfonfini for d reduce the of ntiaN for the bottom of a docked boat to"darnaue the SAV bed. The criterion in this case emphasizes the use of a boat lift. The prohibition is related to Tidal Wetlands Law No. 6 issued by the Town of Southold. In other projects, we have attempted to get a boat lift approved by the Town of Southold, however, the Tidal Wetlands Law No, 61 prohibits the installation of a boat lift unless the applicant owns the harbor bottom. In this case, the applicant does not own the harbor bottom and, therefore, a lift Is not permittable under Town of Southold law. > Policy 7- To minimize otential for scour in-water construction eciuOment should oni transit within the work area footprint at ioerlolds of tide hlci�I while construction is occurrin within eel Lass beds. ti g The prevailing water depth in the area where the barge will be set at the end of the pier early in the year where the pier will be built is 3 to 4 feel, deep. Pile driving and setting heavy timbers will be accomplished in a week to three weeks, weather permitting. The potential for scour in this area is negligible at this point. The work will be done at a high tide so that there will be a water depth of 6 to 7 feet, > Eo-licy 8- To avoid minin2iging,impacts. GIS lavers of mapped eel sass beds within the project area should be provided to the contractorsivathey are aware of the eel ara s locations at all times. The eelgrass patches at this site were mapped by a licensed wetlands scientist and accredited botanist and his work is shown on the surveys prepared for the project. The contractor will be furnished with the permit and drawings prior to the pier construction project. The same contractor will be furnished with copies of the permit(s) modifications for this project and is aware of the typical best practices for dock building in proximity to eelgrass. The drawings show the submerged aquatic vegetation that has been verified at the time of the original survey. There will be no significant adverse impacts to air quality as a result of this structure and the construction of the dock should not diminish overall environmental considerations in Fishers Island Sound and will protect water quality, the quality of the ecosystem and minimize or avoid degradation of environmental resources. Boulder Relocation- It is possible that some.boulder relocation might be required by this project because of the number of boulders in this most desirable path considering least resource impact. If boulder relocation is required, the boulders will be set on unvegetated bottom sediments in the path of the pier between bents to keep the environmental impacts localized. DREDGING PROJECTS Answer the following if your project Involves dredging. 1. Indicate the estimated volume of material to be dredged and the depth (below mean low water) to which dredging would occur. Would there be overdepth dredging? Dredging, per se, is not required in this project, however, boulders will be moved from the pier bent and berthing area and relocated to the ibotprint of the per consistent with the benthic characteristics of the site. The dock system has been laid out in its current location and configuration to avoid any dredging requirements. The minimum prescribed water depth of 2 feet„ as generally recommended by the SUS , OE, and 4 feet as recommended by the NYS DEC has been reached. This is an exposed site such that the boat must be berthed bow out. 2. You can apply for a ten-year permit for maintenance dredging. If you wish to apply for a ten-year permit, please provide the number of additional dredging events during the ten-year life of the permit and the amount of material to be removed during future events. No dredging is required or requested. 3. Indicate of your drawings the dewatering area (if applicable) and disposal site for the dredged material(except landfill sites). Submit a sufficient number of photographs of the dewatering and disposal sites as applicable so as to provide a clear indication of existing conditions. For ten-year maintenance dredging permits, indicate the dewatering/disposal.sites for future dredging events, if known. Not Applicable 4. Describe the method of dredging (i.e. clamshell, dragline, etc.) and the expected duration of dredging. Not applicable for dredging. If boulder relocation is required, a clamshell bucket or digging bucket will be utilized to grapple and reset the boulder. 5. Indicate the physical nature of the material to be dredged (i.e. sand, slit, clay, etc.) and provide estimated percentages of the various constituents if available. For beach nourishment projects, grain size analysis data is required. Not Applicable 6. Describe the method of dredged material containment (i.e. hay bales, embankment, bulkhead, etc.) and whether return flow from the dewaterigldisposal site would reenter any waterway. Also indicate if there would be any barge overflow. Not Applicable Answer the following if your project includes the construction or rehabilitation of recreational mooring facilities. 1. It is generally recommended that any fixed piers and walk ramps be limited to four feet in width, ,and that floats be-limited to eight feet in width and rest at least two feet above the waterway bottom at mean low water. Terminal floats at private, noncommercial facilities should be limited to 25 feet In length. If you do not believe your proposal can meet with these recommendations,please provide the reason(s). The pier will be 4-FT wide and 90(+l-)FT long complying with all of these provisions as measured from the Apparent High Water line. The pier height will vary from 5 feet above Mean Low Water from the paint of origin until 30 feet from the end to avoid adverse impacts to future tidal wetland vegetation growth and submerged aquatic vegetation should the bed or meadow est of the pier spread toward shore all policies of the US Fish & Wildlife Service have been accommodated in this dock configuration. The pier has been situated in an area devoid of submerged aquatic vegetation. 2. Using your plan view, show to scale the location(s), position(s) and size(s) (including length, beam and draft) of vessel(s) to be moored at the proposed facility, including those of transient vessel(s) if known. A typical vessel is shown on the plan view of the application drawings. The boat will probably be a motorboat 25 to 30 feet or so in length. 3. For commercial mooring sites such as marinas, indicate the capacity of the facility and indicate on the plan view the location(s) of any proposed fueling and/dr sewage pumpout facilities. If pumpout facilities are not planned, please discuss the rationale below and Indicate the distance to the nearest available pumpout station. Not applicable-There are no pump out facilities and no fueling facilities proposed at this site. Those functions are taken care of elsewhere on Fishers Island provided by commercial pumpout operator from the mainland, however, any boat using their facility could and would use the pump out facilities at local marinas where fuel is sold. 4. Indicate on your plan view the distance to adjacent marine structures, if any are proximate and show the locations and dimensions of such structures. There is a half dozen dock structures east of the site, the nearest being 500 feet away, east. 5. Discuss the need for wave protection at the proposed facility.. Please be advised that if a permit is Issued, you would be required to recognize that the mooring facility may be subject to wave action from wakes of passing vessels, whose operations would"not be required to be modified. Issuance of a permit would not relieve you of ensuring the integrity of the authorized structures) and the United States would not be held responsible for damages to the structure(s) and vessel(s) moored thereto from wakes from passing vessels. There is no good opportunity for wave protection at this site. Waves from the prevailing wave field are from the west, blocked by the point of North Hill. Otherwise, waves from the northwesterly to northeasterly of the site are unobstructed in their approach which is why the shoreline consists of boulders, the only natural material and formation the waves cannot move. The pier located within the boulder field will be somewhat protected by the seabed character. The boulder field will cause many of the waves to break just offshore beneath the higher section of the pier. BULKHE DIN 13—ANKSTABILLZATIONIFILLINGACTIWTISS Answer the following if your project includes construction of bulkheading (also retaining walls and seawalls) with backfill filling of waters/wwedands, or any other bank stabilization fills,such as riprap, revetments, gabions, etc. 1. Indicate the total volume of rill (including backfill behind a structure such as a bulkhead) as well as the volume of fill to be placed into waters of the United States. The amount of fill in waters of the United States can be determined by calculating the amount of fill to be placed below the plane of spring high tide in tidal areas and below ordinary high water in non-tidal areas. The shoreline will remain stabilized by the existing boulder field as it exists naturally which extends landward of the spring High Tide Line. There is no proposal to import and place fill in Public Trust waters of the United States. 2. Indicate the sources) and type(s) of fill material. There is no proposed fill to be utilized in this project. 3. Indicate the method of fill placement (i.e. by hand, bulldozer, crane, etc). Would any temporary fills be required in waterways or wetlands to provide access for construction equipment? If so, please indicate the area of such waters and/or wetlands to be filled, and show on the plan and sectional views. Boulders will be removed from the pile driving area only if required, and removal and resetting will be done mechanically by crane operated from the deck of a marine construction barge. The foregoing requests basic information on the most common types of projects requiring Department of the Army permits. It is intended to obviate or reduce the need for requesting additional information; however, additional information may be requested above and beyond what is requested in this form. Please feel free to add any additional information regarding your project which you believe may facilitate our review. See the attached narrative. Print FaunAS *. U. AlT11y corps of Engineers(uSACE) APPLICATION DEPART T OF THE FnnnApir►oved- PERMIT oMB Iva.07104003 33 CFR 328.The proponent a err is CECW-CO-R. :02-2&2022 g g ' , . 4Nlies — _ Tore views rrrpotltuc burden for this collection of int icon,O C�rrrtrol Number 0710-co03,Is estimatedto average 11 hours per response,Including the time for reviewing Instructions,searching existing data sources,gathering and maintaining the data needed,and completlrrg and orrwi'aper r the nee,Intl of Information.Send comments regarding the burden estimate or burden redo on suggestions to the Department of Defense, Washington at l mc; l ,e IO nit x.it W�G,tlit Irtl ti�.pt14.I tl rt^^ tut11111C"Respondents should be re that notwithstanding any r provtstonHt law erg s nvieesshall be sub)ect to any penal g for falling to comply with a collection of Information of It does not display a orr tfy valid OMB control number.PLEASE DO NOT RETURN YOUR APPLICATION TO THE ASOvE EMAIL, PRIVACY ACT STATEMENT Authorities,'Rivers and Harbors Act,Section 10,33 USC 403;Clean Water Act,Section 404,33 USC 1344;Marine Protection,Research.and Sanctuaries Act, Section 103,33 USC 1413;Regulatory Programs tithe Corps of Engineers;Final Rule 33 CFR 320-332.Principal Purpose:Information provided on this form will be used In evaluating the application for a permlt.Routine Uses,This infirmation may be shared with the Department of Justice and other federal,state,and local government agencies,and the public and may be made available as part of a public nonce as Is voluntary,however,IfInformation is hot required by Federal law.submission of requested Information Provided the permit application cannot be evaluated nor can a permit be Issued.One set of original drawings or good reproducible copies which show the location and character of the proposed activity and be submitted to the District Engineer having iurisdctian the location of st be attached to this application(see sample drawings and/or intructi-yrs) � g I � viy.An application that is not completed�full will be um P Propose c and may be accessed at the folloMn website: t .I` p ldftoi4n µ .:)Ii s 4 f �.dc� D wida. o f tl.A l . ++ Ir P ( m 45b) System Record Notice(BORN). The Information received Is entered into our Permit trackingdatabase and a SORN has completed d Yted SORN#A11 (ITEMS 1 THRID 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO, 2" FIELD OFFICE CODE �3. DATIE RECEIVED I4. DATE APPLICATION COMPLETE (17BMS BELOW TO BE FILLED BYAPPL=W) S. APPLICA,N'T"S3 NAME �. _�_ 6. AUTHORIZED AGENT'S NAME AND TITLE(agent is not require+ �.,..wm.. First- Uncoln Middle- Last- Frank First- Keith NNddie- Last- CornPany- Owner Neilson, P.E. Company- Dodco, Inc. E mail Address- rl"t E-matl Address- _. .- ice docko coo 6. Amt ICANrS ADDRESS: _ rrpail CO... � Address- 0 Ao3ENT'B ADDRESS: Address- 1170 5th Ave, PHA PO Box 421 ew York State 7.I APPlL1CANrs PHONE Nos,w/AREA C.,.. �P 10029 nay City mystic State- CT ZIP- 0635�ountry- NY ODE �ORes�en�WiONENOs Business sOD_._._� E a, Residence b. Business c. Fax 917-660-2955 c. Fax ... �. - __.... _ 860-572-8939 STATEN ENT OF AUTHORIZATION 11, 1 hereby authorize, l ocko, Inc„ to ad In my behalf as my agent In the processing of this application and to furnish,upon request, supptemental Information In support of th is t.rnrit a pBic altorr. DT ATtrmm LOCATION,AND DESCRIPTION OF PROJECTOR ACTIVITY �� 12. PROJECT NAME OR TITLE(see Instructlons) - Frank New Dock 13. NAME OF WATERBODY,IF KNOWN(If applicable) 14 PROJECT STREET ADDRESS(if applicable) Fishers Island Sound 1 eaa 2736 Crescent Ave LOCATION OF PROJECT Latitude:-N 41016'30.11"N Longitude:-W 72°01'11.33"W °R'- Fishers Island ate- CT ZIP- 06390 16. OTHER LOCATION DESCRIPTIONS,IF KNOWN(see instructions) State rax Parcel ID 1006-6.-l-8 Munldpailty Southold Section- Township- Flange ENO FORM 4346, FEB 2019 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 Print F� Save As 17. DIRECTIONS TO THE SITE From the Ferry,p, ''ntyrtheast on I questrL!n Pace to the;.villlage:thefn to rni left(nolthy6in OrCen(aC to a sCetaa to the siteon`NorttL llll. 1 B. Nature of Activity(Description of Prolect,include all features) This propit ed project is t6 oonstrttot'90+/.�L of T+amide wood; ICe rid timb4r �at�CcN�t �� /-1 ie v�ett�a�r rct.t�the Atplrent llih +;ter.liite ,inCltading rails,°T tlde tiff piles; ladders and elerlo.andt r'tatilities ratervrd of(tib Ap rare!nt H'h 1�" ter jute: ' 19. Protect Purpose(Describe the reason or purpose of the protect,see Instructions) The purpose of this project is to Qstabiiiho wolterfront doCl irf suPp6d of redreaational beating.` USE BLOCKS 20-231F DREDGED ANDIOR FILL MATERIAL IS To BE DISCHARGED 20. Reason(s)for Discharge There is no planned discharge. 21. Type(s)of Material Being Discharged and the Amount of Each Type In Cubic Yards: No Dredging Type Type Type Amount In Cubic Yards Amount In Cubic Yards Amount In Cubic Yards NONE 22. Surface Area In Acres of Wetlands or Other Waters Filled(see Instructions) No Filling Acres None or Linear Feet 23. Description ofAvoldanoe,Minlimiutlon,and Compensation(see tnstruchons) Great care hes been exercised laying out this dockfacility, This proposed dock facility Will originate from the Cottage and will proceed in a northeasterly direction aoross.a narrow boulder fleld devoid of fidal wet6rids vegetation with a fairly blear path ending in an area devoid cal"stibmerged aquatic vegetation,eel grass, Iooat6d plyprecite survey o&Th` design of this dock facility incorporates'a fulN length fixed pier„elevated tf feet above the bottorn sediments so,as to minimize' e shalding if eel grass emerges within the frier footprint. In this Way, irnpaCts to sensitive tidaal^ otlands vegetation and EJB are beitlg avoided now aand allowance has been made for future eel grass. ENG FORM 4345,FEB 2Q1S Page 2 of 3 As 24. Is Any Portion of the Work Alread Complete? YesPNnt Farm - I . Y p I e_. V No IF YES DESCRIBE THE COMPLETED WORK 25• .Addresses of A of dJ. ning PPOPerty Owners,Lassoes,Etc..MOSO Pr oins the Wa.n O prmoe then can ue need Prere.:dee�afloc i a aup d_o.m.._e_nj e._n_t.) a,Address- 1170 5th Ave PHA City- New York State- NY Zip- 10029 b.Address- 1220 Park Ave City` New York State- NY ZIP- 10128 a.Address- City State- Zip d.Address- City- state- Zip- e. dress- aty- State- .-..�.,�..� Zip.. 26. List of Other Certificates or Approvals/Denials received fiom dher Federal State,or Local Agencies for Work Described.in This AWllcatlon. AGENCY TYPEAPPROVAL" IDENTIFICATION DATE APPLIED DATE APPROVED NUMBER DATE DENIED Town of Southold Tidal Wetlands pending Town of Southold Coastal Erosion pending NYS DEC Tidal Wetlands pending NYACCIE pending m Would include but Is not restricted to zoniing,buildIng,and flood plain permits 27. Application r a Is here, I furtde for Permit or permits to authorl a the yr descrdbed In this a licstlon. I certtiyr that this Informatlon In this aPP0ca,li' Is complete and aceurats, t further n apped certify that I possess the auffiod to undertake the work desdrbod her�g,er arrr acling as Ifte duly outhort,s�t aged of the � SIGMA" OF APt I,NCAN T DAT IGNATURE OF AGENT The Application must be signed the DAT B y pe n who desires undertake the proposed activity(appli�s7t)or it may..be signed by it duty, authorized agent if the statement In dock 11 lies been filled out and signed, 181-1 S.C.Section 1001 provides that:Whoever,in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies,conceals,or covers up any trick,scheme,or disguises a material Motor any false,fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitlous or fraudulent statements or entry,shall be fined not more than$10,000 or imprisoned not more than five years or both. ENG FORM 4345,FED 2018 Page 3 of 3 PROPERTY OF LINCOLN FRANK NORTH HILL,FISHERS ISLAND SOUND NARRATIVE STATEMENT& SUPPLEMENTAL INFORMATION FOR NYS DEC,NYS DOS AND TOWN OF SOUTHOLD APPLICATIONS MARCH 2023 GENERAL Lincoln Frank,the applicant,owns parcel 1006-6.-1-8 on Crescent Ave located along the easterly shoreline of North Hill on Fishers Island Sound on Fishers Island. The site is gently to moderately sloped rolling terrain, sandy, gravel earthen materials, vegetated with grass, brush, ground cover and trees with a lawn sloping northeasterly to the shoreline which is lined with boulders interspersed with sparse clumps of tidal wetlands vegetation along a short narrow beach to the west. The frontage of the property is approximately 350 feet along Fishers Island Sound at the easterly end, abutted by the Rothfield and Forshay to the east and other property of his own to the to the west. This can be a high energy waterfront site. Attached are application drawings for a new dock facility for recreational boating prepared for this project showing the proposed configuration and pertinent details. This supplemental narrative has been prepared in accordance with the requirements of the Town of Southold, Ordinance No. 6, 2004, and the Waterfiwont Revitalization Program related to docks and shorefront improvements. In addition, various coastal policies under the New York State Coastal Management Act are addressed herein for review by the New York State Department of State and Department of Environmental Conservation. DESCRIPTION OF MImo. This project is to construct a fixed wood pile and timber pier from the shore out into Fishers Island Sound in accordance with existing guidelines set forth in the Town of Southold ordinance No. 6, 2004. Boulder relocation will be minimal, if any, at the end of the dock facility to provide for safe berthing and avoiding local eelgrass beds. It is envisioned that this structure will be built utilizing the following general sequence and methodology. ➢ The marine contractor will arrive by water with a barge-mounted crane and push boats. ➢ New piles will be driven starting at the shore landing end of the pier and proceeding waterward at roughly 10-foot intervals to the waterward end of the pier approximately 90 feet from the Apparent High-Water Line. These 24 piles will be wood, driven by double- acting air hammer to a bearing capacity of about 20 tons and pull-out resistance of approximately 10 tons. This generally results in about 10 to 15 feet of embedment of the pile in the bearing stratum: These piles will be Class B 12-inch nominal diameter measured at three feet from the butt. 1 ➢ After the piles are installed, split clamps/caps consisting of a pair of pressure treated Southern Pine timbers, 3 x 10 to 4 x 10 nominal dimension,will be double bolted at each pile transversely forming a pile bent. Stringers will be then bolted on the split caps parallel to the length of the pier. ➢ The outer stringer on each side will be bolted or spiked to the pile at each bent to secure it against uplift forces that this pier will typically be exposed to. ➢ ,After the stringers have been connected to the piles and split caps, the decking will be installed. Ira, accordance with the Town of ' outhold's Ordinance No. 6, 2004,this decking will not be CCA pressure-treated Southern Pine as noted on the drawings. Decking will be oak., cedar hardwood, or plastic / composite such as "Timber Tech" or similar synthetic, composite or plastic material with the brushed side mounted up. If composites or plastic are used,decking will be either gray, brown or natural in color. Decking can also be "Thru-Flow" to minimize shading. Decking will be attached to the stringers utilizing galvanized nails or stainless-steel Phillips or Flathead square-drive stainless steel wood screws about 4 inches long and will be set with a S1/4"gap between deck planks. ➢ The over-water decking will run at an elevation of approximately 8 feet MLW at the cottage to match the porch deck elevation and at least 5 feet above the existing bottom sediments (not including boulders) until approaching the end where it will transition down at 10;1 until reaching the level boat dock landing elevation of 5 to 6 feet above mean low water. See Sheet 4 of the application drawings for the pier profile. The piles will terminate about 48 inches above the deck surface and have horizontal rail members mounted to them. ➢ A rail of cedar, oak, hardwood or Timber Tech(plastic) material will be installed for safety.The mid-rail can be timber or cable and both details are shown. ➢ Water and electricity will be run out in conduits from the cottage on the pier in the space between the stringers so that trickle chargers on the boat may be powered during tie-ups. The water will allow boats to be rinsed off after usage. A power post with an internal light will be mounted to the end of the fixed pier with receptacles to provide power to the boats from extension cords. The power post will also have coiling arms for storage of the electric service cord and hose between uses. Because the dock may be used during the hours of darkness, low- intensity downcast lights will be mounted on staggered piles or dock rail posts to illuminate the deck and the walking surface up the cottage. This system will be manually, or radio controlled with a shut-off timer so that the lights will only be on when necessary for safety of the users. The utilities will be within the confines of the existing cottage structure and will not enter the tidal wetlands. ➢ The pier foot will emanate from the northeast side of the cottage and will span over the existing natural, non-turf buffer which will not be disturbed except for the support posts which will be set in augured holes 2 LOCAL WATERFRONT REVINTAL ZATION POLICIES The Town of Southold,LWRP policies that are applicable to the Frank dock proposal are a local refinement of the Long Island Sound Regional Coastal Management Program policies that apply throughout Long Island Sound. The cottage site on Fishers Island could be characterized as natural, rocky shorefront because of the largely undeveloped foreshore between the house and more or less natural grounds, however, the shoreline is completely, naturally protected by boulders which constitutes a glacial deposit and extensive wild riparian buffer vegetation. The developed coast policies are applicable as follows: ➢ Policy 1 is to foster a pattern of development that enhances community character and preserves natural resources to the maximum extent and minimizes adverse impacts on the environment, ➢ Policy 2 is to preserve historic resources, ➢ Policy 3 is to enhance and protect scenic resources and visual quality. The proposed dock facility is consistent with waterfront development on Fishers Island Sound and in coastal areas. The length is a balance of minimal practical length, boulder and eelgrass avoidance and encroachment to reach a depth of water to avoid bottom contact and benthic disturbances in accordance with longstanding permitting standards. The pier is made of suitably sized timbers requiring 12-inch class B piles because of wave exposure and utilizes the materials allowable under Local Law #6. This proposal is smaller than other nearby dock facilities and characteristics for the visual and scenic considerations. The length is made necessary due to the boulder field and narrow eel grass fringe at the dock site to be crossed to reach navigable water. The encroachment has been minimized to be consistent with DEC policies, Southold Local Law #6, US ACOE policies and the structure is as low profile as possible, and high enough to avoid or minimize shading of tidal wetlands and eelgrass, consistent with the safe and efficient use of the waters and consistent with the tidal range and wave field of this site. The length and geometrics of the dock facility are being reviewed with both the Town Trustees and DEC Marine Habitat Protection Bureau in fair detail to assure consistency with both State and local permitting standards and guidelines. Lighting will be minimal for operational safety and otherwise off. Lights will be utilized only when necessary for boating purposes so that during hours of darkness there will be no adverse lighting impact. NAXURAL CO S_T POLICIES S The Natural Coastal Policies are 4 through 8 and require consideration as follows: ➢ Policy 4 — Minimize loss of life, structures and natural resources from flooding and erosion, ➢ Policy 5—Protect and improve water quality ➢ Policy 6—Protect and restore the quality and function of the eco-system, ➢ Policy 7—Protect and improve air quality, ➢ Policy 8 — Minimize environmental degradation primarily from solid waste and hazardous substances. 3 The proposed structure for the recreational boating facility has been laid out and configu consistent with the Town and DEC permit requirements for dock structures. As such, it j adequate height to clear environmental resources of concerti and the materials to be util consistent with Town of Southold's Local Law #6 regarding environmental quality and the use of pressure-treated Southern Yellow Pine timber components in particular. The length and geometries of the dock facility will have been reviewed with both the Town Trustees and DEC Marine Habitat Protection Bureau in fair detail to assure consistency with both State and local permitting standards and guidelines especially as they relate to eelgrass beds. US Fish & Wildlife nolicies relating to eel ass impacts are addressed as follows: 1`2lic I- In-water work should be avoided durit1g.the eel grays 15-10—October 31. Documented eelgrass growth areas have been avoided by the proposed dock facility. Work can be scheduled in the fall through spring to comply with this criterion if the permits are received in a timely manner. There was more eelgrass southeast and north of the proposed pier. Polic - Construct the fixed mera maximitm of four feet wide to minimize shadina. The pier all the way out to the ships ladder landing has been minimized in its size based on approval criteria from the Town of Southold as well as the recommendations of NMFS. The pier width is 4 feet. Policy 3- Construct the dock a minimum of four feet above the surface of the water measured at Mean High Water and 4.5 feet over the surface of the r-9narsh with ight measured from the bottom of the stringers, not the top of the deck. The s(andard for deck height is to keep the structure 3-4 feet above the surface of the water. I would point out there is a almost no fringe marsh vegetation in this location, and the prevailing pier deck height is at an elevation of approximately 8 feet above Mean Low Water at the cottage and the 4-foot-wide pier head is at 6 feet above MLW at the end. The water depth where the eelgrass was noted is approximately 2-3 feet which is the typical length of the eelgrass blades. This has been confirmed in our own observations at this site where the tops of the blades are visible at low tides. The stringers for most of the pier length are 8feet or so above the sediments and 5 to 6 feet above the tops of the eelgrass blades but again the pier siting is such as to avoid the eelgrass altogether. The proposed dock construction will take place along the shoreline and is acknowledged to be in a flood prone zone area; there is wave exposure at this site. The new pier will have a minimum deck height of 6 feet above MLW at the boat slip and will be built to withstand complete submersion and resist hydrostatic and hydrodynamic uplift pressure due to flooding and typical wave conditions. - To minimize the risk of propeller dredging and SCOLIT', extend ,pLoli M 4—.— the fixed, portion of the Maier so that Ihe water depths in (lie moorina, area are a nunimum of four feet deep measured at Mean Low Water, or if the SAV bed extends further than the proposej dock extend the dock beyond the yegqUition. The fragmented eelgrass growth areas are avoided by the pier. There was no eelgrass noted in the path of the pier head at the end of the pier during our survey work. By 4 keeping the pier outside the lateral limits of the SAV bed, we have virtually assured that the boat will not berth over the eelgrass bed. This site is a very active and occasionally relatively high energy wave zone and as result there is little shoreline vegetation and many exposed boulders. This project is consistent with this policy because the proposed elevation of the pier is at an acceptable height above the bottom sediments beneath which tidal wetlands vegetation or even submerged aquatic vegetation may spread if other conditions are suitable. The NYS DEC prepared a study showing that pressure-treated Southern Yellow Pine timber product construction materials are suitable for this type of project except for decking which is governed by the Town regulations and so it will be of untreated woods or composite (or plastic)materials. The configuration shown on the drawings provides an optimum balance between acceptable design and access standards without depriving any vegetation the opportunity to grow and spread. Polk 5-Eliminate the ram and float to reduce shading-effects. There is no floating dock proposed in this application. a Polic 6- Install a lift or each vessel moored at the dock unless not practicable fe.g. sailboat). The boats should be moored in the_l"ft s when not in use. This is to reduce shading effects minimigg the potential for scour, and reduce the potential for the bottom of a d ed boat to damage the SAV bed. The criterion in this case emphasizes the use of a boat lift. The prohibition is related to Tidal Wetlands Law No. 6 issued by the Town of Southold. In other projects, we have attempted to get a boat lift approved by the Town of Southold, however, the Tidal Wetlands Law No. 6 prohibits the installation of a boat lift unless the applicant owns the harbor bottom. In this case,the applicant does not own,the harbor bottom and,therefore, a lift is not permittable under Town of Southold law. Polk 7- To minimize potential for scour, in-w -ter construction e ui ment should only transit within the work area foot Tint at Deriods of high tide while construction is occurring within eelgrass beds. The prevailing water depth in the area where the barge will be set at the end of the pier early in the year when the pier will be built is 3 to 4 feet deep at low tide. Pile driving and setting heavy timbers will be accomplished in a week to three weeks, weather permitting. The potential for scour in this area is negligible at this point. The work will be done at a high tide so that there will be a water depth of 7 to 8 feet. Policy 8- To avoid minimizi i_mpacts, CIS 1p ers of ma ed eelgrass beds within the project area should be provided to the contract-gr so they are aware of tlae eel rs locations at all times. The eelgrass beds at this site were mapped by a licensed wetlands scientist and accredited botanist and his work is shown on the surveys prepared for the project. The contractor will be furnished with the permit drawings prior to the pier construction project. The same contractor will be furnished with copies of all of the the permit(s)and modifications 5 for this project and is aware of the typical best practices for dock building in proximity to eelgrass. The drawings show the submerged aquatic vegetation that has been verified at the time of the original survey. There will be no significant adverse impacts to air quality resulting from this structure and the construction of the dock should not diminish overall environmental considerations in Fishers Island Sound and will protect water quality, the quality of the ecosystem and minimize or avoid degradation of environmental resources. PUBLIC COAST PDL CIE Policy 9 sets forth a priority to provide for public access and recreational use of coastal waters, public lands and public resources of the Town. This project creates a recreational boating facility for the property with a design that utilizes a full-length pile supported structure elevated so it is consistent with this"access"policy and will not adversely affect public access to or use of Public Trust Lands or Waters of the State. WD 1N COAST POLICIES The policies of this section relate to the following: ➢ Policy 10 — Protection of the Town's water-dependent uses and promoting new water- dependent uses in suitable locations, ➢ Policy 11 —Promoting sustainable use of living marine resources, ➢ Policy 12—Protect agricultural lands, ➢ Policy 13—Promote appropriate use and development of energy and mineral resources. While most of the Working Coast Policies are not applicable to this site or this type of project, Policy 10,promoting water-dependent uses and the siting of water-dependent uses in appropriate areas is applicable. The proposed project has been laid out to make the most beneficial use of the land and locating the dock facility in the most appropriate point of the land where access from the shore will not require excessive structural facilities. The alignment depicted is to minimize impacts on valuable habitat and environmental resources including the minimal tidal wetlands vegetation and eelgrass documented at the site. The length proposed will keep the boat access manufacturing out beyond propeller contact potential. The land origin point of this project is private land. The Public Trust Lands and Waters constitutes the area between the Mean High Water and Mean Low Water Lines and the resources from the High Tide Line out. Environmental resources at this site are limited and site habitat features are being preserved. The potential for growth is being protected by the suitable alignment and Height standards dictated by the NYS DEC. There is virtually no public use of the waterfront in this area and the construction of the pier and dock are all waterward above the Apparent High-Water Line and are not likely to influence or change this fact. The Public Trust Lands at this site are substantially obstructed by the boulder field which spans the intertidal and shallow subtidal zone. The purpose of this project is to build a new pier for water-dependent recreational boating as defined in the LWRP. The dock facility will provide for recreational boating and boat transportation access to the island or the mainland without adverse environmental impacts and 6 while protecting the existing habitat and resources. There will be no despoliation of tidal wetlands vegetation or submerged aquatic vegetation at this or adjacent sites related to this project during construction or usage of the dock facility for recreational boating access. This project has been laid out with specific reference and review of the Waterfront Revitalization Program policies and is consistent with these policies. In summary, the dock is typical of recreational boating facilities throughout the area and all along coastal New England. The structure has been minimized in size, height, length and structure to be consistent with other facilities of a similar nature and the minimum necessary components to accommodate safe and efficient boating operations from this site safely in a variety of climatic conditions, while preserving and minimizing, infact avoiding wetland and eelgrass impacts, This project does not interfere with public access or use of Public Trust Waters and Lands of the State, it does not interfere with navigation, it will not create soil or sedimentation erosion or scour problems, it does not adversely affect environmental resources and in the area where the facility must span the intertidal zone at the shore line, the facility has been located in the area of rocks where environmental resources have already been diminished by climatological factors so as not to worsen any of these conditions and avoiding waters fouled by the boulders to the extent that they are not navigable. The height of the structure has been specifically addressed to allow tidal wetlands vegetation of the shoreline to grow if other conditions are conducive to such growth. The dock facility has also been located reaching out to the deepest available water in Fishers Island Sound to the side of patchy eelgrass growth areas, so that the alignment has favored boulder avoidance but if required, the boulders to be removed will be relocated beneath the pier in the existing boulder field so as not to change the site characteristics and not to extend impacts into adjacent resource areas. Dredging will not be an issue in the future, thus further minimizing adverse environmental impacts. More than 95% of the 300-foot shoreline along Fishers Island Sound will remain in a natural state as a result of these considerations for design. There is no loss of valuable marine and wetland habitat and no water quality degradation because of this project. No natural protective features or processes will be adversely impacted as a result of the proposed docking facility. The dock spans over an area of nearshore boulders and there is a natural void of submerged aquatic vegetation specimens in the proposed dock or berthing area. Reference is made to the NYS DEC study from 2000 indicating the suitability of pressure-treated Southern Yellow Pine piles and super-structure components for this type of purpose. In accordance with Local Law 46, decking for the pier deck treads will be of plastics or woods other than Southern Yellow Pine. This project is consistent with zoning policies and ordinances for the Town. The dock facility will be an accessory to the cottage located at this site. There will be no development of the upland related to this dock facility that will create point sources of pollution or drainage. This project is providing recreational boating and water usage opportunity compatible with the natural resource values and characteristics of the site. RI+; U1 111E TS OF,SECTION 97-25 OF THE SOUTHOLD WETLANDS LAW 6 The permittee acknowledges that the validity of this permit is subject to the approval of other governmental or municipal authorities. 7 The permittee does„ by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of h1juries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and hold harmless the Town and its officers. The permittee gives consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit. The permittee will notify the Trustees in writing one week prior to initiation of any and all operations. The permittee will notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance for a certificate of compliance. In response to Sub-section 2a and the General Rules for Standards of Residential and Commercial Docks,the following additional information is offered. 1. Permits for the work are being applied for simultaneously through the US ALOE, NYS DEC and a Coastal Zone Consistency determination by the NYS DOS. 2. The new piles to be installed will be 12-inch diameter Class B wood of sturdy, durable and stable materials, in all likelihood, Greenhart, Kakaralli or CCA pressure-treated Southern Yellow Pine (SYP)piles with new split caps and braces of the same SYP materials. These members will be a minimum of 3 x 8 to 4 x 10 timber with double 3/" bolts per connection, or in some cases, one 1-inch bolt per connection. These sizes are predicated based on sea conditions during rough weather. This pier is a fixed, pile-supported timber structure and therefore will not adversely affect the free circulation of water or reduce the effects of fluctuating water levels in Fishers Island Sound; only piles will span the water column. In addition,the pier does not present any adverse modification of the shoreline. The pier's end elevation is such that in extreme high flood tides in storm surges the structure will be inundated. The structure's SYP timber materials represent the standard of the industry being specifically grown and treated for this type of usage and are capable of withstanding full immersion. With the connections described above, this structure will be able to survive repeated inundations and even direct waves at high tide elevations with a structural life of approximately 20 years. Severe storm performance cannot be guaranteed. 3. The pier support, because of its height, will include driving new 12-inch diameter Class B piles at nominal 10-foot intervals to the maximum extent possible in order to obtain the desired pier alignment and support intervals; 12-inch piles will be used for the tie-offs. Twelve-inch piles are required for this pier because of the difficult pile driving conditions in the boulder laden bottom sediments. The use of CCA pressure-treated piles and timbers can be approved for this project in accordance with Local Law 6. Ten-foot bent intervals will vary as necessary to accommodate pile driving conditions around boulders. 8 i 4. The pier will ppA be decked with CCA pressure-treated Southern PineThis p er walkway provides a sale pedestrian surface for access to the berthed boat. Rails may be installed on the pier for safety of the users. 5. The pier is located near the northeast end of the property waterfront. The 15-foot side yard clearance specified in this paragraph has been more than honored and lateral clearance of almost a hundred feet should not be an issue because the proposed pier does not represent a significant encroachment into the logical boating operations area of the neighbors to the east or west. The dock facility does not project into the navigation way for other boaters in the Sound because of the recessed shoreline and number of rocks in the shoaling nearshore waters. The deck width of 4 feet is considered desirable and appropriate for boating safety because of the exposure to waves from the north, inherent stability, and the agility of some of the users. 6. Upon receipt of the permit for this project, appropriate permit numbers and a Town permit placard will be affixed to the most seaward face of the pier for identification from the water. 7. The only permanent structures located above the pier decking other than the power post and railing which are fixed by function, are the dock box over the boulder at the shore side landing. 8. A five-foot passage beneath the pier between the Mean High and Mean Low Water Lines has been provided. Foot traffic in this area is rare, if at all, and so the additional structure of an up and over stairway has been left out of this pier layout. NEW YOBK COASTAL MA GEME4 T" PROGRAM These application documents include a copy of the Federal Consistency Assessment Form utilized for the New York State Coastal Management Program under the jurisdiction of the New York State Department of State. The following policies have been identified as pertinent to this application and the reason for consistency associated with this project is outlined in each respective case. • Polic2 —Water D endent Uses — This project is to construct a fully functional water dependent use,a dock facility at this site in support of recreational boating. • folic 5 —Use of Existing Developed hore cont _.. There is no developed shoreline on this site. This project utilizes existing shorefront which is dominated by an accumulation of stone. Wave energy has diminished resources but the shoreline does support growth of some patchy or individual tidal wetlands vegetation. The project will be to build a pier and extend it to a logical shoreward terminus to make it safe and reliably usable in most boating conditions in accordance with the NYS DEC 4 foot depth criteria. • Polk 7—Significant I"sh& Wildlife Habitat--Protection of significant fish and wildlife habitat has been considered in the development of this project layout. The pier, to the shoreward point beginning, will maintain 5 feet above the rocky intertidal sediments and should not jeopardize the integrity of any vegetation outcrops, should they colonize this area in the future. Typically there is a slight environmental benefit to a pier project 9 because of the creation of structure in the water column where barnacles, algae and crustaceans will colonize and grow. is Policy 8 —Protection & PLe§.grvatiQn of Habitat,— Protection and preservation of habitat has also been considered in this project and the dock structure is being kept to its minimal configuration and of width, length and height and materials consistent with standards of the industry and,restrictions set forth in the Wetlands Law, No. 6, 2004 set forth by the Town of Southold and standards of the NYS DEC. The pier has been sited over a stony pall of the beach to make use of the obstructed, least desirable beach habitat and avoid the eelgrass to minimize damage to natural resources based on existing conditions documented in the survey. See Natural Coast Policies on page 3 of this narrative. • Poli 11 —Minimize Darnaae to Natural Resources - Me dock construction project has been laid out in such a way so as to minimize damage to Natural Coastal resources as identified in Policy 8 above. The dock facility has been sited in the area where large boulders on the beach have already impacted shoreline vegetation and fouled the area to navigation. US Fish and. Wildlife Service Guidelines for eelgrass beds have been substantially complied with as addressed in the Natural Coast Policies on page 3 of this narrative. Polic 1':�lasurableIncrease in Flooding- This project consists of construction of an open wood pile and timber pier which in no way adversely affects water flow and circulation in Fishers Island Sound or flooding potential of the area. Flood levels all around Fishers Island are dictated by water levels in Long Island Sound, and Block Island Sound and this structure will have no adverse influence or in any way impact on those levels. • Policy 15 — No Dredging — Dredging, per se, is not required in this project, however, boulders, if'found, will be moved from the pier bent and berthing area and relocated to the footprint of the per consistent with the benthic characteristics of the site. The dock system has been laid out in its current location and configuration to avoid any dredging requirements. The minimum prescribed water depth of 2 feet, as generally recommended by the US ACOE, and 4 feet as recommended by the NYS DEC has been reached. This is an exposed site such that the boat must be berthed bow out or bow to the northwest. • Policy-19—Impact on Publig.Acces�—Public access will not be jeopardized or impeded as a result of this project. Environmental resources at this site are limited and site habitat features are being preserved. The potential for growth is being protected by the suitable alignment and height standards dictated by the NYS DEC. There is virtually no public use of the waterfront in this area and the construction of the pier and dock are all waterward above the Apparent High-Water Line and are not likely to influence or change this fact. The Public Trust Lands at this site are substantially obstructed by terrain, wild shoreline vegetation and the boulder field which spans the intertidal and shallow subtidal zone. There is almost no public access usage of the public trust lands or waters at this site except kayaking and canoeing which are also rare. The upper intertidal zone and shallow subtidal zone is significantly covered by boulders and the shallow sub-tidal waters do not present any opportunity for navigation or enticement for public access in the area. The Sound is three miles wide so the pier occupies far less than the landward 25% of the waterway width in accordance with US ACOE policies. Thus, public access to the 10 State's lands and waters will not be adversely affected by the project; the pier is high, S feet above the shore and so if someone wanted to walk this shoreline they will still be able to. • boli 20 - Pulalic TrustCom patibility with. Existing Adjoining Properties and Land Uses- Public Trust compatibility with existing adjoining properties and land uses have also been, considered in this project. Some nearby properties have small docking facilities similar to this one and this docking facility will not interfere with existing or the likely configuration of future facilities on nearby properties. • Policy 21 - Fater J2el2endent Recreation - This project is consistent with water- dependent recreational opportunities policies set forth in this section. • P lic 24 -Scenic esources Im air ent or Doss - l"his policy is designed to prevent impairment or minimize loss of scenic resources. The fixed wood pile and timber pier will be to the left of the straight-out field of vision for both the neighboring properties and should not represent such an extent of encroachment or structure which would create a loss of scenic resources. This facility will really only be visible from the water and the five properties to the east have docks. • 2olicy 2 Enhance Overall Scenicrali -The new dock structure except for resource design requirements will be consistent with typical dock characteristics, the scenic features of the area and prevent loss of scenic resources as described in Policy 24 above. Polis 411 - P'reserve and Protect. Tidal wetlands -.. The tidal wetland vegetation on the rocky shorefront is a sparse and stressed between the non-turf vegetated buffer and the water's edge at the dock site. The construction of the fixed wood pile and timber pier has taken advantage of the least vegetated strip of shoreline at the cottage in order to avoid adverse wetlands impact. The pier height and alignment also avoid eelgrass beds which grows in patches in the shallow subtidal waters east of the dock site. The height of the pier should allow opportunities for the growth of the tidal vegetation naturally up to, and to an extent, beneath the wood pier if other conditions are suitable. The pier being orientated northeast-southwest will allow sunlight in beneath the pier from the east in the morning and the west in the afternoon and will lie between survey patches of submerged aquatic vegetation. SUMMARY This project proposes a new fixed pier for recreational boating access for the property of Mr. Lincoln Frank on Fishers Island, incorporating extensive measures to avoid impact to a productive habitat, while maintaining habitat values and avoiding despoliation of tidal wetlands or submerged aquatic vegetation. A copy of all US Army Corps of Engineers, NYS DEC and NYS DOS applications and supplemental drawings and photographs are attached as substantiation for this project. 11 This project complies with applicable standards of the New York State Coastal Management Act, NYS / DEC Tidal Wetland Regulations and criteria for approval and the Town of Southold Waterfront Revitalization Program and Local Ordinance No, 6, 2004; approval of this project is thus respectfully requested. Respectfully submitted, DOCKO, INC. Keith B.Neilson,P.E. 12 EF H Assessment Worksheet rev. August 2021 Please read and follow all of the directions provided when filling out this form. 1. GeneraPLL act Information ollli Date Submitted: 1 :1 Project/Application Number: Project Name: New Fixed pier Project Sponsor/Applicant: Er. Lincoln Frank Federal Action Agency(or state agency if the federal agency has provided written notice delegating the authority'): Fast-41: Yes No Action Agency Contact Name: — �] Contact Phone:. Contact Email: Address Cit !'town State: 2. P'ro'eet Deselrli titin zLatitude: 41°16'29.8"N Longitude: 71"01111.6"W Body of Water(e.g.,HUC 6 name): s:h:ees Island Sound Project Purpose: Provide access to navigable water for recreational boating. Project Description: Construct 90+/-LF of 4FT wide wood pile and timber pier of which 77+/-LF is waterward of the Apparent High Water Line,including rails, 7 tie off piles,two ladders and electric and water utilities,waterward of the Apparent High Water Line. Anticipated Duration of In-Water Work including planned Start/End Dates and any seasonal restrictions proposed to be included in the schedule: Start May 1,2023 end June 30,2023 1 A federal agency may designate a non-Federal representative to conduct an EFH consultation by giving written notice of such designation to NWS.If a non-federal representative is used,the Federal action agency remains ultimately responsible for compliance with sections 305(b)(2)and 305(bx4)(B)of the Magnuson-Stevens Act.2 Provide the decimal,or the degrees,minutes,seconds values for latitude and longitude using the World Geodetic System 1984(WGS84)and negative degree values where applicable. 1 . S17i ftescdlaiLoffi EFH includes the biological,chemical,andphysical components of the habitat..This includes the substrate and associated biological resources(e.g.,benthic organisms,submerged aquatic vegetation, shellfish beds,salt marsh ands),the water column,and prey species. Is the project in designated EFH3? 0 Yes 11 No Is the project in designated HAPC? Yes 717o Does the project contain any Special Aquatic Sites4? Yes No Is this coordination under FWCA only? Yes No Total area of impact to EFH(indicate sq ft or acres): Zero-pler goes around eelgrass Total area of impact to HAPC(indicate sq ft or acres):a Current range of water depths at N L,W Salinity range(PPT): Water temperature range(I1 : 0a est 25-30 ppt 0°l summer;34°F winter 'Use the tables in Sections 5 and 6 to list species within designated EITH or lie type of designated HAPC present.See the worksheet instructions to find out where EFH and HMC designations can be found.4 Special aquatic sites(SAS)are geographic areas,large or small, Possessing special ecological ohstxacctcristics of productivity,habitat,wildlife protection,or other important easily d'isrupled ecological values.These teras aro generally record as sign cantly inftluencing or positively contributing to the ggoneral overall envir+aannrcntal lreelti or vitality ofthe entire ecosystem of a xragion,They include sanctuaries and reiu s,wetlands,o�arr1flnts,vegetated shallowscoral reefs,and ri Cfle and ooI oornplexes( 0 CFIt Sulrpart lu).Ifthc project area contains Sa S(Le,sanctuaries and refuges;wetlands,madflats, vegetated shallowslAtJ;coral reefs,andCor riI'fIe and pool complexes,desoxibe the SAS,species or habitat present;and area ofimpaet. . Habitat Types In the table below,select the location and type(s)for each habitat your project overlaps..For each habitat type selected, indicate the total area of expected impacts,then what portion of the total is expected to be temporary(less than 12 months)and what portion is expected to be permanent(habitat conversion),and if the portion of temporary impacts will be actively restored to pre-construction conditions by the project proponent or not,A project may overlap with multiple habitat types.. Habitat Habitat Type Total Temporary Permanent Restored to Location impacts impacts impacts pre-existing Vft2/ft3 (lf W/fid) OVft2/ft3) conditions?* Marine Shore(unconsolidated) 60 sgft 60scift 60 sgft No Select one Select One Select one Marine Water column 300 sgft 300 sgft 16 sgft Yes Select one Select One Select one Select one Select One 5elect one Select one Select One Select one Select one Select One Select one Selectone Select One Selectone *Restored to pre-existing conditions means that as part of the project,the temporary impacts will be actively restored;such as restoring the project elevations to preexisting conditions and replanting, It does not include natural restoration or compensatory mitigation, 2 Submerged Aquatic Vegetation(SAV)Present?- Yes: 7 No:E1 If the project area contains SAV,or has historically contained SAV, list SAV species and provide survey results including plans showing its location,years present and densities if available.Refer to Section 12 below to determine if local SAV mapping resources are available for your project area. Attached are survey results of eelgrass mapped in September 2022.The pier has been located and configured to avoid the mapped bed.The dock is irregular in shape due to the rocky bottom nature of the shallow sub tidal zone and the eel grass bed immediately west. Sediment Characteristics: Tile level of detail required is dependent on your project—e.g., a grain size analysis may be necessary for dredging.In addition, if the,project area contains rocky/hard bottom habitat 6(pebble,cobble,boulder,bedrock outcrop/ledge)identified as Rock, (coral/rock), Substrate(cobble/gravel),or Substrate(rock)above, describe the composition of the habitat using the following table. Substrate Type* (grain size) Present at Site?(Y/N) Approximate Percentage of Total Substrate on Site Silt/Mud(<0.063mm) No Sand(0.063-2mm) Yes 60% Rocky: Pebble/Gravel l Yes /Cobble 2-256mm 20% Rocky: Boulder(256- Yes 4096mm)** 20%near shoreline Rocky: Coral No Bedrock** No 6The type(s)of rocky habitat will help you determine if the area is cod HAPC. *Drain sizes are based on Wentworth grain size classification scale for granules,pebbles,cobbles,and boulders. '*Sediment samples with a content of 101%or more of pebble-,gravel-cobble and/or boulder in the top layer(6-12 inches)should be delineated and material with epifaun0macttaalgae should be differentiated from bard pebblegravel» obble and boulder. If no grain size analysis has been conducted,please provide a general description of the composition of the sediment. If available please attach ima es of the substrate. Attached aerial photo shows prominent boulder lined inter tidal and shallow sub tidal zone acrossthe shoreline more prominent to the east and west of the proposed dock site.The western eelgrass skirts the perimeter of the rock and the pier has been deliberately located and configured to avoid the area.The bottom sediments are course sand with miscellaneous rock and boulders with 80%coverage at the inter tidal zone down to 50%in shallow sub tidal at 10%surface coverage of embedded boulders beyond a depth of 3'MLW. Diadromous Fish (migratory ors awning habitat-identify species under Section 10 below): Yes: No: ✓ 3 5. EFH and HAPC Designations Within the Greater Atlantic Region,EFH has been designated by the New England,Mid-Atlantic,and South Atlantic Fisheries Management Councils and NOAA Fisheries.Use the EFH trapper to determine if EFH may be present in the project area and enter all species and life stages that have designated EFH, Optionally,you may review the EFH text descriptions linked to each species in the EFH mapper and use them to determine if the described habitat is present at your project site.If the habitat characteristics described in the text descriptions do not exist at your site,you may be able to exclude some species or life stages from additional consideration. For example,the water depths at your site are shallower that those described in the text description for a particular species or life stage. We recommend this for larger projects to help you determine what your impacts are. EFH is designated/mapped for: What is the Species Present source of the EFH: EFH: EFH: EFH: EFH eggs larvae juvenile adults/ information included? spawning adults Select One I�/ I I�► I EFH Mapper only Ellittle skate ����------��� ���==- ►►► EFH Mapper only windowpane flounder 121 i rJ LinEFH Mapper only winter skate 1:1 El [21 EFH Mapper only scU''p z L!�J EFW Mapper only long-finned squid W1 1:1 i j� � EFH Mapper only spiny dogfish El El D W1 EFH Mapper only summer Bounder D El a EFH Mapper only Black sea bass E 0 z 11 EFH Mapper only =Select El ❑ 1:11:1 Select One Select One ❑ Select One 4 6. Habitat Areas of Particular Concern APCs HAPCs are subsets of EFH that are important for long-term productivity of federally managed species. HAPCs merit special consideration based their ecological function(current or historic), sensitivity to human- induced degradation, stresses from development,and/or rarity of the habitat.While many HAPC designations have,geographic boundaries,there are also habitat specific HAPC designations for certain species,see note below.Use the1' ll"ta�`to identify HAPCs within your project area, Select all that apply. Summer flounder: SAV' Alvin&Atlantis Canyons Sandbar shark Baltimore Canyon Sand Tiger Shark(Delaware Bay) Bear Seamount Sand Tiger Shark(Plymouth-Duxbury- Heezen Canyon Kingston Bay) Inshore 20m Juvenile Cod$ Hudson Canyon Great South Channel Juvenile Cod Hydrographer Canyon D Northern Edge Juvenile Cod 11 Jeffreys&Stellwagen F1Lydonia Canyon E] Lydonia,Gilbert&Oceanographer Canyons Norfolk Canyon(Mid-Atlantic) Norfolk Canyon(New England) Oceanographer Canyon Retriever Seamount Veatch Canyon(Mi&Atlantic) Toms,Middle Toms&Hendrickson Canyons Veatch Canyon(New England) El Washington Canyon Cashes Ledge F-1 Wilmington Canyon Atlantic Salmon x Summer Founder 1.1k@Cids¢efned as all native g cies ofrnacrealgae genrases,and freshwater and tidal rnaoro hytes in any sa bed,as well as loose aggregations,within adult and guverssTe summer Foutsalcr l l.In locations avlterc native species have bccrn ch¢»inatghmm an area, then exotic species are included.Use local information to determine the locations of HAPC. s"The p oso of this IWIC is to recognizethe'importance of inshore areas to uvenile At lan"c cod,The coastal areas of tete t rutf ofMaine and Southe�lcw England contain struettually complex rocky-bottom habitat tha supports arvi a variety of emergent epifaunaand beathic invertebrates.Although this habitat type is not rare in the coastal Gulf of Maine,it provides two key ecological functions for juvenile cod: protection from predation,and readily available prey. See 1 FIJ mapfor links to text descriptions for HAPCs. 5 A ti i!y Detail Select all Project Type/Category that apply I�� Agriculture CJI El Aquaculture - List s ies herd Bank/shoreline stabilization(e.g.,living shoreline,groin,breakwater,bulkhead) ElBeach renourishment Dredginglexcavation El Energy development/use e.g., hydropower,oil and gas,pipeline,transmission line, tidal or wave power wind Fill Forestry Infrastructurettransportation(e.g.,culvert construction,bridge repair,highway,port, railroad Intake/outfall Military(e.g.,acoustic testing, training exercises) Mining(e.g.,sand,gravel) Overboard dredged material placement YJ Piers,ramps,floats,and other structures Restoration or fish/wildlife enhancement(e.g.,fish passage,wetlands, mitigation bank/ILF creation Survey(e.g.,geotechnical, geophysical,habitat,fisheries) Water quality(e.g.,storm water drainage,NPDES,TMDL,wastewater,sediment remediation Other 6 8. EffecLsEvaluation Select all Potential Stressors Caused Select all that Habitat alterations caused that apply by the Activity apply and if by the activity temporary-9 or permanent Underwater noise Temp Perm Water quality/turbidity/ Water depth change contaminant release El 1-1 0 Vessel traffic/barge Tidal flow change grounding Impingement/entrainment Fill Prevent fish Habitat type conversion passage/spawning �I I Li Benthic community ' E disturbance ElImpacts to prey species Other: Tt rnporary in this instance means during construction,ip Entrainment is the voluntary or involuntary movement of aquatic organisms from a water body into a.surface diversion or through,under„or around screens and results in the lass of the organisms from thepopulation,Impingement is the involuntary contact and entrapment rat aquatic organisms on the surface of intake screens caused when the appro' velocity exceeds the swimming capability of organism. Details-pr2ject impacts and mitigation Briefly describe how the project would impact each of the habitat types selected above and the amount(i.e., acreage or sf)of each habitat impacted.Include temporary and permanent impact descriptions and direct and indirect impacts.For example,dredging has a direct impact on bottom sediments and associated benthic communities. The turbidity generated can result in a temporary impact to water quality which may have an indirect effect on some species and habitats such as winter flounder eggs,SAV or rocky habitats. The level of detail that you provide should be commensurate with the magnitude of impacts associated with the proposed project.Attach supplemental information if necessary. Upland 60-sgft of impact with pile penetration into the ground and pier coverage. Water Column-300 sqft of impact with pile penetration into the ground and pier coverage. This project endeavors to site the dock facility clear of the small mapped SAV bed and totally avoiding the area of extensive boulders with interspersed eelgrass to the east.The piers'northerly alignment reaches deep water quickly angles off to the northeast to allow for berthing bow into the significant wind/wave direction for berthing security and lowest sea condition exposure risk.By staying clear of the eelgrass beds the most productive habitat and shelter will be preserved. 7 What specific measures will be used to avoid and minimize impacts,including project design,turbidity controls,acoustic controls,and time of year restrictions?If impacts cannot be avoided or minimized,why not? Wood 12 inch Class B piles will be utilized to support the pier.Driving wood piles minimizes acoustic impacts and produces no turbidity.Deck height will be a feet above mean low water to minimize shading while helped by the north/south orientation.Thru Flow decking will be utilized to help minimize shading and maintains a fairly bright illuminated water column although the pier has been sited so as to avoid eel grass-see Exhibit. Is compensatory mitigation proposed? Yes No ❑✓ If compensatory mitigation is not proposed,why not?If yes, describe plans for compensatory mitigation(e.g. permittee responsible, mitigation banlq in-lieu fee)and how this will offset impacts to EFH and other aquatic resources.Include a proposed compensatory mitigation and monitoring plan as applicable. Compensatory mitigation is not considered necessary because the dock's siting criteria have been utilized to actually avoid adverse impacts to tidal wetlands vegetation and SAV. 9. Effects of Climate Chan Effects of climate change should be included in the EFH assessment if the ef'f'ects of climate change may amplify or exacerbate the adverse effects of the proposed action on EFH.Use the inter overn ental Panel on Climate Chg c. IPCC Ite reser�tative Coiiceiltratioll Patl v++a s I CP 8, ll�i h reenhouse gas emission scenario PCC 2014), at a minimum,to evaluate the future effects of climate change on the proposed projections.For sea level rise effects,use the intermediate-high and extreme scenario projections as defined in Sweet et al. 21717 .For more information on climate change effects to species and habitats relative to NM.FS trust resources,see Guidance for Inte ratin Clit ate Change Information in.Greater Atlantic Re .ion T-labitat Conservation Division Consultation Processes. 1. Could species or habitats be adversely affected by the proposed action due to projected changes in the climate?If es, lease describe how: No 2.Ts the a cted lifespan of the action greater,than 10 ears?If yes,please describe prqject lifespan: The proposed dock structures should have a 20 to 30 year structural lifespan based on long term observed performance of CCA treated timber, 3.Is climate change currently affecting vulnerable species or habitats,and would the effects of a proposed action,be amplified by climate change?If YO,2lease describe how: Climate change impacts on fish are unknown with relation to the project and this site.The dock siting and berthing has avoided documented SAV eelgrass beds. 4.Do the results of the assessment indicate the effects of the action on habitats and species will be amplified by climate change?If yes,please describe how: Unknown but doubtful. 5.Can adaptive management strategies(AMS)be integrated into the action to avoid or minimize adverse effects ofthe ro osed action as a e ult of climate?If yes, please describe how: No 8 10. Federal AgenSI Determination on Federal Action Agency's EFH determination(select one) IDThere is no adverse effect on EFH or EFH is not designated at the project site. EFH Consultation is not required. This is a FWCA only request. The adverse effect on EFH is not substantial. This means that the adverse effects are no more than minimal, temporary,or can be alleviated with minor project modifications or conservation recommendations. This is a request for an abbreviated EFH consultation. The adverse effect on EFH is substantial. FThis is a request for an expanded EFH consultation.We will provide more detailed information„including an alternatives analysis and NEPA documents, if applicable. 7 An adverse effect is any impact that reduces the quality and/or quantity of EFH.Adverse enacts may include direct or indirect physical,chemical,or biological alterations of the waters or substrate and loss of,or injury to,benthic organisms,prey species and their habitat,and other ecosystem components.Adverse effects to EFH may result from actions occurring within EFH or outside of EFH and may include site-specific or habitat-wide impacts,including individual,cumulative,or synergistic consequences of actions. 11. Fish and Wildlife Coordination Act Under the FWCA,federal agencies are required to consult with us if actions that the authorize,fund,or undertake will result in modifications to a natural stream or body of water. Federal agencies are required to consider the effects these modifications may have on fish and wildlife resources,as well as provide for the improvement of those resources.Under this authority,we consider the effects of actions on NOAA-trust resources, such as anadromous fish,shellfish,crustaceans,or their habitats,that are not managed under a federal fisheries management plan. Some examples of other NOAA-trust resources are listed below. Some of these species,including diadromous fishes,serve as prey for a number of federally-managed species and are therefore considered a component of EFH pursuant to the MSA.We will be considering the effects of your project on these species and their habitats as part of the EFH/FWCA consultation process and may make recommendations to avoid,minimize or offset and adverse effects concurrently with our EFH conservation recommendations. Please contact our Greater Atlantic Regional Fisheries Office,Notecled l esotirecs Divis'ion regarding potential impacts to marine mammals or species listed under the Endangered Species Act and the appropriate consultation procedures. 9 Fish and Wildlife Coordination Act Resources Describe habitat impact type(i.e.,physical,chemical, or biological disruption of Species known to spawning and/or egg development habitat,juvenile nursery and/or adult feeding occur at site(list or migration habitat).Please note,impacts to federally listed species of fish,sea others that may turtles,and marine mammals must be coordinated with the GARFO Protected apply) Resources Division. alewife American eel American shad Atlantic menhaden blue crab blue mussel blueback herring Eastern oyster horseshoe crab quahog soft-shell clams striped bass other species: other species: other species: 10 IN ry{r,Pa �Irr I'4... q.,t ^ rt oda r �'Yrr' ➢d,! di ��_y N 'Mp mill 1 1: 1 RAM N m ma n "�^ '� no, q u m mIN rid lyy r % ' a mfr 1" pry r G� ,ry w 4it p r am ri „ r, wo w _ ua ;, �� r� ➢a I v mix OF '� ICER r YY 4P ti J 6W d M ➢ en q�cd� a,.- Fna 4 PRKE ,T° NEW PIER "rv^"� I � ��,ti �� � i vi 1' ~& qTOWN OF PIRO cry ,.S�3'UTHiS I ,may FAN�C wJ Y"�� S r i �; '' LG���TIC71V 1"1�I=� tzeFgzEn�c,E p' CHA U:13214 IN YARDS r NOTES: K„ 1.ELEVATION DATUM 15 NAVD 1988. 2.TIDE DATA IS TAKEN FROM 2022 NOAA TIDE n ROTI iFELO TABLES REFERENCE:NEW LONDON/WE5T HARBOR FORSHA S.PROJECT DESCRIPTION:CONSTRUCT 9O--LF OF 4-FT WIDE WOOD PILE AND LIMBER PER OF WHICH VtLF 15 V WATERWARD OF THE APPARENT HIGH WATER UNE. INCLUDING RAILS,SEVEN TIE-OFF PILES WITH'11DE SLIDES',TWO LADDERS AND ELECTRIC AND WATER i it UTILITIES.WATERWARD OF THE APPARENT HIGH I�lorzrH HrL � WATER.LINE. FISHY IE5L�Nb ; w 4.PROJECT PUPPOSE. TO ESTABLISH A T� N of Vic--)u WATERFRONT DOCK IN SUPPORT OF RECREATIONAL � BOATING. q 5.THESE APPLICATION DRAWINGS REPRESENT COMPILATION OF SURVEYS FOR ENVIRONMENTAL PERMIT PURPOSES.THEY A95 NOT CONSTRUCTION CONTRACT DOCUMENTS.A TOWN BUILDING PERMIT 1' I MAY BE REQUIRED. 6.ADJOINING PROPERTY OWNERS: NORTH; SOUTH: MARGARET O lit MICHAEL ROTHFELD `> r LINCOLN E FRANK $ELLA FOR9HAY 1170 5TH AVENUE PHA 1220 PARK AVENUE NEW YORK,NY NEW YORK NY 10128 GRAPHIC, m 5 I"-NCO, 200 100 Q i 5UR`F-Y byJ o TIDO APE BASEOpf�NA cNG L PI 1JECT: !`JEW DOCK VD 1988 < d '��a LOC "910N, NORTH HILL-515HERS ISLAND-TOWN OF SOUTHOLD SUFFOLK COUNTY;NEW YORK 1 I WATERWAY: FISHERS 15LANND SOUND co P °° DATE: NOVEMBER 9,2022 9 a APPfi_ICA1T, LINCOLN FRANK ° 1 AGENT: SHEET 1 OF 4 Keith B.Neilson,PE 1p Mystic,CT 06355 2-: 860 572 8939 DWG 22-10-3251 IN EMAIL offkp-@docko.com r"v.m(kOM R,Pr&eUsiorn,Deog;'be AVI ff l Perum0 l-e£vw g N �'�' �� FISHERS ISl.�.hJD SC7tJIVD "I%VN'T C IGI4 .- 4" w � TY PROPOSED DOCK OF FRANK � �M¢�W 09�� �� � �'u � �FOOTPRINT ry u BRUSH 'IN ,.! . y pA a r 1„ a9a.�p BRu,d R w t t'1h 09t MI-W-1 d DECK 1WL1 STING HOUSE rFNK ;a: RLlSF1 E'RU SH 10P Or ROCK ELEV B95 r d N/F PROPERTY -MAR.IIS 1 =40 OF ROTHFE D cr 20 O 40 {1 .d �FE'' ;HY " o SURVEY by JAMES BEiRNARDO LAND SURVEYING LLG PROJECT: NSW DOGS. ELEVATIONS ARE BASED ON NAV[]1988 m" L TION: NOIZTH HILL-FISHERS IS D-7 . OF SOUTHOLD �tl � � SUFFOLK COUNTY,NEW YORK 1 " WATE AY: FISHERS IS Nb SOUND w DATE: NOVEMBER,9, CANT; LINCOLN FRANK °rrt 41 ,ry w 1 ,:Y� l�". ENT SHEET 2 OF 4 cti� dpft« Gig;rg?. .. Keith B.Nellstm,PE 4 M CT 06.855 rpF a0h. 1 ysiic, . "^wa „„.""'.. A 5'12 8939 EMDWG -�1'6�-525 i EMAIL®dRicec.4n� �.com BOULDER \/! N Hca 10 0 20 . 9 CF EE 5 F! H r� r non ouNt� —EELGRA55 Lc"llp 1;9 A �� �Y w+ ml -17 w. " rvw nE-OFF Pry N5W UT'dL DES / NO EE Gk� d ' with Tri-SLIDE(1l'P) a , *," ., " ,!'"` NOTE;WATER DEPTHAT END OF pp ? V �1 BIER 15-4--FT ALWL mi M r Y q L 19x 1 ryry a d ITLG 55 P'k. y 1 WULDEP C Yl ., •w w y � k p d {{ ,d UP F�C�PNE %44th XZIM � 1� �„. "" •a�,, � �., �'` "fie ;, d �. �.,.�'�'a� `� �" •�4d.»a�.1LG+�1��CYf�} °+,np�" V ; � NEW RE:R UPPOR7-YALE(T)P)._ Y MHW r ' PROP):RTY of F SK 3 EASTING HOUSE SURVEY by J E qNBASED ONAVID 1988 E �ARO LAND SuN 1 LLC P ,JECT., NEW DOCK AVD LGA"ATION~ NORTH HILL-FISHERS ISLAND-TOWN OF SOUTHOLD SUFFOLK COUNTY,NEW YORK ""V 0, T,Ep I WATERWAY: FISHERS ISLANNID SOUND DATE: NOVEMBER 9.2022 APPIIGANT: LINCOLN FRANK 1' BENT: SHEET 3 OF 4 �- P [DOCKO, INC. rs,�o KeHh B.Neilson,PE 0 myst2 860 -93-9 EMAIL:ofA oc dko.com DWG 22-10-3251 p':°.x:°Wl 9,"r I',el[mw 111 L)rdddko 4.c. 21221X)23 11,14 Vlp' F'r anu.9^xru 17st.3 1r'ihr,1'"gj .... N '77E-OFF Pk-1 h TIDE tVU7E°DECKING-NOT TREATED. SLIDE TOP EL 15±FT(TYP) DS MUST BE CER71ED BY FOREST S iT—EWAPDSHIP GOUNGIL ..... ... _. 16tFT EDGE OF PIER(TYP) DECK WIDTH NEW LADDER(r?p) NEW 4-FT WIDE PILE SUPPORTED PIER END DECK EL 4.3xF7 NEW 770E SLJOE ' ✓ (7YP) I NEW PIER SUPPORT PILE TOP EL /°'°* 4-FT ABOVE DECK(T)-P) NEW 5PLIT CLAMP and .... — / .:ROSl) S BRACE(7 —M, 0.9 .. uk*Ri _ILY. � ._ ... ..,. m .m WULDLF"S`M Y `ALWL-1.7 �. .. —._.w °. _... . .. ... NOTE:WATER DEPTH AT r OF PIER IS,4-FT ALWL ND E.NTS � If - f., "�. ENLD v1Ew GRANC SALr u°,,6 . 3_... _...0 ro ro NEW C.,..,._ .._ ._ _ __-_ 4 FT WIDE X.. O 17- PER LOA PILE 4th NEW 71E-0FF PILE 31tF`R"SLOPED PER 5NSTINO(;CN�.RE' ReR 770E mm 005 I — .° ` SIJP 79,1 0 PORCH DECK' � �', .-w�I1^h T1Dln 5L1DE M "�MU�'81:10 k 1, TOP EL 15fF r(TYP) NFNA/4-FT WPQ ENEW RA/L5(TYP 1307-H BEGINNING DErK' FC 55)'MID RAILS MAY EL T.Ar- - D OF PER "'I ALE SC �PPOITEL BE CABLESH1 OF'R FN L.4 i� 11 a L BOULR2�E 5 R Ia MHW - N t1w UJ .ITl� Ir r��NMATE a E R20H P �� t � yid y Po Jy� � r +urw�i �9TGMECICIENTS'SArC �� T t ee� r' aM?bp -� r�^ F.J'a�I.IST4�.+ NI'w�W6... NF.W LAL O aR('n EL 7Y s: pF-R0F=7L_I✓ n AW+c 5 }°® ELEVATIONS AR5 BASED ON 11988 15 10 5 0 15 PROJECT: NEWDOCK _ LOCATION: NORTH HILL-FI5HERS ISLAND-TOWN OF 5OUTHOLD SUFFOLK COUNTY,NEW YORK C% A, WATERWAY RSHERS ISLANND SOUND 7° �r1 DATE: NOVEI`1EER 9,2022 n 11 APPLICANT: LINCOLN FRANK Z. a (� Lu AGENT: SHEET 4 OF 4 asrarere,,^ ' �. DOGK„Q, ING. �- p � 1,C c3 J 4 Kelth B°Neilson,PE p �1�7J " 4.1 Mystic,CT 06355 860 572 8939 DWG 22-10-9251 EMAIL:oFfice@docka.cam O;m;'FoP.fix.OwVeahesam,c�'p,�rsAcQu fPwe;, .'M'Z2:✓:m°0:01.°t°,y5 R- l Frank Property Legend Q Charles Ferguson Cottage a°b NATIOWWILDLIFE REFUGE rc y� i O CA v, 1 ' S p N- k 4p. 6 k 2/23/23,9:34 AM print Map-TopoZone Fishers Island Topo M-ap in Suffolk County New York 'A " a s, G'�' Q� ro " fw w 6 g , rs V41- " 0 00g « ( d as v In i i�� rid /fi?U /� /i�D' �r ✓ f i / ��� �,,r �r iI r r f /i„ ✓. -, nt i I, I'YTFA Map provided L�11/TopoZone.caim https:/lwww.topozone.comlmap-printf?lat-41.25704348don=72.0239626&title=f9shers Island Topo Map In Suffolk County New York 1 J1 e ex.com 1800,GoF,dFx 1800.4633 39 CD 42, 1, "STMdElFj .D � � 3 �I �' 'fir^ pd� � X ❑ F �'�-�rn� � � I U ,5 w r JJJ °r` u s 4 . 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