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TR-10487A
Glenn Goldsmith, President ®g S®U�� Town Hall Annex ®� ®. 54375 Route 25 A. Nicholas Krupski,Vice President P.O. Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly Telephone (631) 765-1892 Elizabeth Peeples Fax(631) 765-6641 c®UV,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD OF TRUSTEES YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE ACTIVITIES CHECKED OFF BELOW INSPECTION SCHEDULE CAu, Fv*_iopF4` glyg r_(p-q- eur of PfKA&#M65 Pre-construction, hay bale line/silt boom/silt curtain 1 sc day of construction '/2 constructed When project complete, call for compliance inspection; -= 1 ®� Glenn Goldsmith, President �®F S®(/ ®� Town Hall Annex 54375 Route 25 A.Nicholas Krupski,Vice President ® P.O. Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples �® ® �® Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 10487A Date of Receipt of Application: October 13, 2023 Applicant: Marion Lake Restoration Committee SCTM#: 1000-31-17-1- & 31-7-9 Project Location: Bay Avenue, East Marion Date of Resolution/Issuance: November 15, 2023 Date of Expiration: November 15, 2026 Reviewed by: Eric Sepenoski, Trustee Project Description: Ten (10) Year Maintenance Permit to hand-cut Common Reed (Phragmites australis) surrounding Marion Lake, to not less than 12" in height by hand, as needed. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated on the project plan prepared by Michael Lawn, received on October 13, 2023, and stamped approved on November 15, 2023. § 275-5 Permit procedures. (i) Cutting of common reed (Phragmites australis) to within 12 inches of the soil surface landward of the wetland boundary. This does not include mowing to ground level. Special Conditions: Do not disturb native vegetation during the hand cutting of Common Reed (Phragmites australis), including but not limited to; Eastern Red Cedar (Juniperus virginiana), Northern Bayberry (Myrica pensylvanica), Marsh Elder (Iva frutescens), and Groundsel Bush (Baccharis halimfolia). The approved operations must be commenced within two (2) years from the date of the resolution. The permittee is required to provide the Trustees with before and after photos of the area within this time period before any further maintenance is conducted. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. G�Ih%n Goldsmith, President Board of Trustees Figure 1: Map of Marion Lake showing land use, survey areas and photograph locations OCT 1 3 2 AP'I" OVED BY E BOARD OF i RUSTEES TOWN OF SOUTHOLD 6` DATE Ne VCM/agie- 15-202-5 9 o D Key: Area CPhoto location showing Area K : .'-" direction of camera and b reference number Low©ersty Res dental North Arm nnedium Density Resident al ate, High Denser Res&denval rD Commercial „ Industrial � qrInsitutional �,� hemp.ela Recreation&Open Space 1 Agriculture Area H Area G 3 A � A e •ar.... ..� ...,.. .. a ..,. .. .. R Red lines indicate Wet Land Boundary •`N+ '`•��r y Whfte numbers Indicate depth of fah mite J` Ale � '�� � •„ �', .��� wig` � JM' � �r M . el �:. � ¢t J 3- IL tr Figure 3:1006 Survey of North Arm OCT i ? Appendix A: Wetland and Phragmites Survey of 2006 Z-,% V J. . 1 y j tad line Indicates Wet Land Boundary} it* numbers Indicate depth otPhraornito Figure 2:2006 Survey of South Arm OCT 7 3 2023 ` Glenn Goldsmith,President �o\� BOG Town Hall Annex A.Nicholas Krupski,Vice President 54375 Route 25 Eric Sepenoski y P.O.Box 1179 Liz Gillooly �y • 0l ;r Southold,NY 11971 Elizabeth Peeples �Ol �� � Telephone(631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Time: 61vo✓' 2GL3 Completed in field by: Michael Lawn on behalf of MARION LAKE RESTORATION COMMITTEE requests a Ten (10) Year Maintenance Permit to hand-cut Common Reed (Phragmites australis) surrounding Marion Lake, to not less than 12" in height by hand, as needed. Bay Avenue, East Marion. SCTM#: 1000-31-17-1 &,1000-31-7-9 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Part of Town Code proposed work falls under: Chapt.275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Info needed/Modifications/Conditions/Etc.: Present Were: G. Goldsmith N. Krupski E. Sepenoski L. Gillooly E. Peeples Marion Lake Restoration Committee Michael Lawn President, Marion Lake Restoration Committee PO Box 377 East Marion NY, 10011 13`h October 2023 Board of Trustees Southold Town Hall Annex 54375 Main Rd. P.O. Box 1179 Southold, NY 11971 Supporting Description of work to be carried out at Marion Lake The Marion Lake Restoration Committee has been hand cutting Phragmites on Marion Lake in East Marion since 2008.We have dramatically improved the ecosystem of the lake. We have increased the amount of open water for migratory and resident wildfowl, diversified and opened the lakeshore for native flora and to provide.space for aquatic, amphibious and other species. Twice per year our team hand-cuts the invasive Phragmites australis around the lake.The first cut is in late spring, after the first spurt of growth, and the second cut is in the fall when the Phragmites are returning energy from their summer growth to their roots. • Our team hand cuts only the invasive Phragmites australis down to no lower than 6 inches above water level as per DEC permit (#1-4738-01379/00006). No other species are touched. • Our team only works on the lake. Phragmites australis on private property adjoining Marion Lake are the responsibility of individual homeowners. • Our team does not use herbicides. • The cut material is gathered to a dumpster and sent to landfill in accordance with DEC permit. Our Southold town permit for Phragmites cutting on the lake expired in June 2023. We performed our spring Phragmites cut before expiry but,now need.to perform our fall cut to be ready for winter. We ask you to provide a new permit to allow-this extremely valuable work to continue. Yours sincerely, Mike Lawn President, Marion Lake Restoration Committee NEW YORK STAXEDEPARTMENT OF ENVIRONMENTAL CONSERVATION Divisiori Of Environnienthl.Permits,Region t SUNY 4 sto%iv U0;%1 So G:clr Rdicl.Stony B,cok,NY":.196 444-0365 l F:(631.1444-036.0 August 18, 2020 Lori Luscher, Mahon Lake Restoration Committee 3416 $0h0t_Key Circle, Unit.B. Punta Gorda;.FL .33955 . Re: Permit N6. 1.-4738-01379100,006 ;Phragmites"Maintenance Trimming Dear Permittee: [n canfbnrn8nce With.the requirements of the State Uniform.Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621)-we are enclosing your permit for the referenced activity. .Please carefully read all permit conditions and special permit conditions coritaim6d in the.permit to ensure compliance dUring the term.of the permit: If.you are:unable to comply with any conditions please contact us at the above address. Enclosed is a perrnit.'sign which is to.be conspicuously posted at the project site and "protected from:the weather and"a•Notice of Gommencement/C.ompletion of Construction. A""id,nAl Ackerman Permit Administrator Cc: S Marino RMHP File NEWYORK Department:or S1dr[nr. UI`f'pR[U 11Y �nY3fOfIfR@ntdl �'Consetvatlbh> 1)t"liAk'I'MENT*oF. I'.\Vilitl�VIN:'TA1,CO CONSERVATION Facilit}' t)I D 1473$-111379 PERMIT Under the Enviroamental Conservation Law EC.L Perm.itl:ee.tn.d facility. tnformaiion _----- L'ermit TSsued.TU:. Facility: Marion.Lake. kCSturation Ci minittec Vlarion:Lake;;Slic�rc 061,ori:Luscher BAY•AVE-OVFR.MARION LAKE 34.1.6Sunsct.Key Circle.:U.,nit I3 f AST ARID 7"NY..11939 Punt,i.Oorda, F{.,.:33 5:5 (631)495.=85.79 Facility.Application C.ontact:. STEVE:MARINO TIM M,ILL>✓R-AS'S06*1ATFS. 10 N RTf:I ST COLD SPRING;.NY 10516 (845)26.5-44.0.0 >a achity Location: in S.().CJ`1`f IO1.;D iii SUFFO11'k COt1NTY Facility Princi al Werth:: Point: NYTM=E: 723:736 I�?YTWN: 4555.928 Latitude: 41°07'25:8" Longitude: 72920'05.4" Authorized ilctiv.ify:: Maintenance:trim-ming.of I'hragmites.No excavation:of roots or spraying with herbicide has.beeri apliroyed as..patt:of.this.peimit.All work in.aecordance.with plans stamped NYSOf approved on.8/19/200., Perm it:Authorizations Freshwater Wetlan ds.171 Under Article 24 Permit ID 1,473M.,1379/00006 New. Permit Effective:Date: 8/18/2020 Expiration Date: 8/17/2030 TWSDEC Approval Iiy.acceptance of this;ticrmit; the per.in Oee agrees that the'permit is,contingent:upon strict complianee with:th:c'FCL;all applicable regulations,,atitl all coin.ditions inclndeil as,part of.this per.mit. 1'crinit Adni riistrator-- S.OSA T:ACKEItMA1,.liegional Permit Administrator Address; NlY•SI)IT Region 1 Headquarters S:[ \Y a?-Stony',Brook;50C rcfeRd Slung Brou 'Y 117y0 -3409 AuthoriecL:Sigiiature: .. Date f. page.1 of 5 - 1 I \F;W YORE:S-"I'A`1'1- 1)1!.PAItT\4-F1"l'OF I". t ON.ME\"C.AI,CO\SI:RVA'I'I()\ Facility I)EC;11) 1-4738-01379 Distri.hution List STEVE MARINO KEVIN JENMNG:S _.. Peemit Corriponents ' NATURAL RI:SOURCE PERMITCONDITIONS GE\.,FlZA1J:C:C)NI PITIOtiS; APPLY-1-0 AI L AliTHORIGED PERM[TS NO'I'IMCATIO:�T•OF,O"I liER PERMITTFE 0BLICJATI.0NS _..._:�.: ...._..... .._� NATU A RESUURC,F. PERMIT 'CONI)ITIONS--Apply'to the Following _Permits: FRESHWATER WETLANDS__ 1. Conform.ance'..W th .Plans All activities authorized by this,permit must be.in strict conformance With the approved plain submitted by the.applieant or applicant`$agent as,part of.the.permit.application. Such,.approvcd plans were prepared by Lo iluscher 7/2020 and stamped NYSDEC approved on 8/1-812020. 1 nnly'Rbragmites australis may:be trimmed Only Phragmites amtralis may be tritnlned.No other species:tnay be trig njc—d or.rcrnbved. 3. Height Cutting Restrictions .Phr4mites,mbnocultures may be c-ut.tio lower than-.inches above Grade. When native.plants.are present along,with the Phragnmitcs,the Pltragmites must be trimmed above the height:of thcadjacerit.nativevcgctatiot.to.a:vciid non-.target impacts: 4. Disposal:of Cut'Material All cut Phragniitcs iimust bedisposed of in ati approved upland location gtr ater.than`1.0.0 linear feet Froin any wetland or water body. .5. No.Ifeaq Eq.iiipinetit in the Wetland Ali auth6rizcd trirnnung must be done ixrith,haiid operated tools..NO excavation oI*Phragmitcs is:penj ihted. NO heavy cgtiipmeni..including bulldozers,:baekhoes, payloadc,.etc., shall.tie.operated'in !lie`wetland. 6. PreeautiOns Against Contamination of Watcirs All necessary prccautioims shall be taken to Pre c lud cqi taiiiinatioii:of any.wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants,cMW.c&diii s,paints-con rete;leachate:or any tither :nvitomnentally deleteriiiiis"iilatei• als asOciatcd with the project_ 7. State,Not_Litable,for;I)amage, "I'lie State:oi'NNe,,�� 'Fork Shall.ii���o case be liable for any damage or injtiny to the.structarc or bvork:hereiii autllorizecl which telaSr be:caused by.or result_from ftiture operation, updcitakcri.:l?y_the State for_the conservation or improvement ot.na, vigation,,or for other purposes, and.rio claim or right to conipersation shall ticctzie froirt.ari"y such damage: . f P111ge 2 of 5: `EW'V0kK ST'A'1* DEPAR I'M E'N r OF ENVIRQ\V]E\'I'i1I.CON-'-12�'A`I'I()1 Fa0lity 1)EC 0! 1-473 7'0079 8: ;Stafe 1'la�° Require tSite.ltest�ration If upon the expiration. Or revocat1Cl21 Of this perin'rt,'the prcajc ct hereby=authori ed hAs n0t.been c6nipleted; the apljlicant:shall,,w.thout expense..to the State, and to,such extent and.in-such ti,inc and.manner as the..11epartlnent of.l`1'nvironnlental C.'.onseivation inay}awf;ull� require, rcrrtov all or any portion ofthe ulicoinleted 5tructure.or fill and,restore the site to.its.,11 niicr condition. \c�,claiin shall'.be made against the Statc.ofNew York on account of4hy such relnoval or, altci�aiion. 9. State stay Order ltemiivaFot Alteration of Work. if:futufe operations by the:State of\ew York require an:alterat on in the:position of,the,structure or Wor*k herein authorized;or if, in the opinion ol'the Department ofEnvironmeiitaI-Ccinscr0tion it shall cause unreasonable ohsirtictiUn to the free iiavipat oil oi:.said.waters or flood flows or endanger the Health, safety or wel fare'cif the pdople,cif t}ie.State, or cause loss,or4estruction of the natural resources"of.fhe State, he;owner:may l;e..ordered by"the De partment to rernove or alter tlie.structural work;,Ostriictions-or:hazards.caused thereby without expense to the—State.: and if,upon ihe;e on.or. revocation.dthis permit,thc.structure; fill,:cxcavation, or tither modification of thew itcrcoilise.hereby authorized shall not be completed;the owners, shall,without expense to:.the State, and to'such extent:and in such time and.fnneer as the.Dcpartiment of Envirolimental,CQnservation may require,remove.a].I or any portion of tli"z,>ineotrlpleted structure or fill and restore to its former condition'�the w0gable and"flood capacity of the watercourse, No claim shall -1v made against the:S.tate:n l\ew,NTork on account of:anysuch removal or alteration. ?. GENF,ItA.L CONDITIONS - Apply I to.ALL.Authorized Permit i. Facility Wpection.by.The,Deparfinent The permitted site or facility, including relevant records, is subject to inspecpbn at,reasonable hours and.intervals by an authorized representative of the Department of Envlrontuental Consefvation (the Department) to dctertnine whether the permittee is corriplying with this.:perrtlit and.the 1'("I Such representative rnay:order the work suspends ii pursuant to>1Cl, 71-0301 and'SAPA 401(4 The perrriittcc:shall provide apersgri to accoilipany the Department's representative daring au inspection to:the permit..area when requested by fhe'I)cpariment. -A copy of this perinit,.includirig all mferenced malls,draWings artd special conditions,must.be available for'inspect on l;y the ll.epartment at all:tunes at the project,site or°faeil.itys Failure to produce a.copy of the permit up ri iegU6,st hya I:)epartm,e.iit representative is a violation of this permit. 2. Relationship.of thisTefmit to Other Department Oeders anti Determinations Unless expressly provided for l y theJ.)epariment,:issuance of this.permit does.not modify, supersede or rescind any order or:determination previodsly issued l y:th&e Depaitmciit.or aiiyof the tcrm5,:,conditions or requirements contained in.sueh.order.ord'cteriliination. 3. Applications Far"Permit RetieFvals;Ytilclifications or Transfers The.permittee must stibmft a separate writteri application to the:l)epartnielit.for.periii.it renewal;modif catioii or transfer o.f'illi* peftt1it. 5ueh'applicatton mu't`:ittclutie any forms,or supplemental information the Department.reclu-. Any renewal,inodii.icatitin.0t.transferg,rated by the I)el aiid qnt niu"st be in writing, :Suhlnission of applications-.foreperinit renewal;:modification of,,tianster are.to be: sub mittcti to; Page 3 of 5 NNW YU1tK_,S'1'A'I'E:.t)l*-PAIZ'I-,MFE,'I-.()FENVIRONV1F\TALCt)tiSF1ZvAT:1()N Facility:l)6,[:113 147-38-01379 R(gional Permit Administrator N YSDEC.Region 1.Headquarters SUNY rfi Stoiiy Brook-50 Circle Ind `Sts-ij `t rook, NY 1 l'79t)-3404 : ul>rriissivri'itf lteueFvaI. 1pplicativn Tlie,peifiiitice must-submit a renewal aplilicafl a# least 30, hays before permit-expi' tibn fot tho,#ollo-Avii (i peritiit:authorizations: Freshwater Wetlands. s. l'ermit`'Vlodirtmitions,5uspcnsions,and Rev.ocations_by the Department The.Departinent reserves the riglittii exercise all avaiIAble authority to_tnodify',suspend or"revoke thispermit. 'The grounds1br.modification.-'Suspension or revocation'include: a: materially false or inaccurate statements'in the:perniit application or supporting.papers; .b: failure b the permittee,to cofno,], w%th any:tctti�s or.condi€ions of the pertiiit: C;. exceeding clic spope,of::the' project.as_describcd..in ille:perniit application; d. newly d scovered material information or a.material change in environmental conditionsrelevant tcchnoloy or applicable law or regulations since the issuance of the existing permit, Q.., noncompliance with prcviausty issued.pennit con ifioris, orders iif the cominissionei,any provtgtoiis:of,the Etivironiilentai Conservation•Law::or.regulations'of the Departmearelated to the.permit+ic-4- ctivity. 6. ft. rrriit: Transfer Permits-are transferrable unles's.5pecifically prohibited by Statute, ragulatiolt.or Anotherpermit condition. .Applicatiotis for perm it.transfer:should be submittal prior to actual lransferof Qwnership. NOTIFICATION OF OTHER PERMITTEE.OBLIGATIONS ltem A: Pcrmittec Accepts.I,egal ktes'fisibilitV arid Agrees to.:Iridemnrfication The permittee;excepting state or..federal°ages ncies,'expresslye agrees to indemnify and hold hannless the Departntent of f?nviropn-; ntat .Cbriservation o.f.,the 5tatc iif tiTew York. its represeritatiN es,.eniploj�ees, and agents (''l7liC")for.all cla tris;suits,actions,.and darhages;to the extent attribL1tabl6Ao*the pehnittee's acts or omissions.in:conneetion with the.permittees undertakingof°activities in.conneetion with', or operafioli a , Maintenance et;the facility or facilities.authorized liy tli peririit whether in 'ebrnplihndc or not in.ciirnpliance.with the terms and conditions 'of the pertiiit. `1'his"Indemnification docs not extend to.any claims, suits,actions, or damages tea the extent,aftribuiable to DEC`s own negligent or irttcntioiial 'acts 6'r omissions,or 1to.ariY-e[aitiis,suits;.o"r actions naminb:the QrC aid ar'isiilg linden Article 78 of the view York Civil,Fract'ice Laws and Rules or any.c tizen Suit or cis it rights provision linden;federal-�r:'st�iLe-.laws, Item.l3: Perniittee's:Confraetors to.;Comply with Permit The' e.rn itlee is;respOrisi_ble for'iiifortriing its ilideb6fideiil C()I1tr�CLQt`S, employt es; agents anti assi' of their responsihility to comply with this perrniit,including all special conditions while acting as.the Page 4'of 5 - 1 1 1.F:W 1(31tIC Si'�l'r1:.Ilk ENT'OF 3:'tVIR()\V1E;N'i'AI,C()\SFAVAT10` F'acitity° I)I<:(�ID I-X73$-U.137y p.crti i.ttce's.:ageiit:v .itli res�icct ct>tree})criiiittedi activities,:and such persons shall be.subjec:.t to.the same sanctions for violations of tlic.i.. .,ironmen{al Cot-iservation l..aw as those prescribed fir the perntitiec. Item C; PerKinittee Rcsp.onsiblc for Obtaining Other Required Permits' The penuittee'.is respnnsi.W.tear obtain-Jjjg anyofkier permits. appr6yals, lairds, caseinents:and, rights-ol- way that niay hc.ccclutted;:to 1,drrif but.tete activttizs that are autliori cd by this permit. Ifcm:n: \o Right to.'I respass or.tnter:fere with Ripari-A6.Rights This_permit.d.o6sl nvt tdnvey to the.perniittec any rightlb trespass.upon the:lartds or interfere with the riparian rights_ofpthcrs';hi:order to:perform flee.permitted work:nor docs it:authgrize the invaifd oni of any rights,ti"tic,ijr into rest in.real nr persc�nal property held or vested in a person not a.part the pert�iit: l PRge'5 of 5 ��!�,f I �.�.V;1.:.6 �d'k. � '{'.'il �.t' �'�J `,�` � t �• �¢ �,�� , ».�..:..� tFj,,��j.�� q��^+ed Marlon lake.Restoration_�omfnittee:. 14 `: ,�♦�, S V � y�`,'OF Y" I PI. v A � 4, f 9CRIWArM UAW S .. MAPA LAKE46 1: ". .V IV ` , ti hut. . -% •: ��� ,:� _ ,. .. 4�. B • a M ! €TM or =0010 + a PER TE S : l� I n j " 41 lake tnvasiveeciOs Eradication Pr'o ram. ti� � '� "? :_ :, � .�: �,/�%r; ej.:asJ rt L?i:.�:aj'ri`<�st'3" :^.�rvr.•r:wc` � ^ n �': .� WAS"; � •�� `� O.t r t 0+ 14, NJi M Marion Lake Survey 6t" October 2023 Introduction A survey of Marion Lake was undertaken by the Marion Lake Restoration Committee in conjunction with their horticultural partner, Peter Meleady,to set a baseline condition of the lake for the wetland permit application to Southold town. This baseline condition will be used to support the need for continued Phragmites-australis maintenance on the lake and for identifying specific areas.that need stronger interventions at this time. The appendix shows the wetland boundary survey of December 2006. In this survey every shore had thick infestations of Phragmites ranging from 15' out from the wetland boundary to over 50'from the wetland boundary.The current survey shows conditions are much better than this and that the need is largely for ongoing maintenance rather than dramatic intervention. Summary of Conditions The table below describes the.condition of Phragmites australis in the lake by location.The summary should be read 1n conjunction with the map in Figure 1 for supporting photograph locations and area locations. Area Location Condition Action Needed A North side of the South Arm This area is generally free of Ongoing annual immediately West of the,Bay Phragmites with the exception maintenance hand Avenue Bridge of the area directly next to the cutting. Bay Avenue bridgewhichhas a mix of Phragmites and cat-tails. B North side of the North Arm This area is generally well Ongoing annual immediately to the East of the controlled with some maintenance hand Bay Avenue bridge Phragmites along the lake cutting. margin. C _ Smaller North-West pointing This area is generally well JT Ongoing annual Inlet of the North Arm to the controlled with some maintenance hand East of Bay Avenue and South- Phragmites along the lake cutting. East frontage of the cemetery _ margin. - D North-East facing frontage of the This area is very well controlled Ongoing annual East Marion cemetery in the with limited Phragmites. maintenance hand North Arm_ cutting. _ E Tip of the larger North-West Some denser patches of Ongoing annual pointing inlet of the North Arm phragmites but largely well maintenance hand closest to Main Road controlled. cutting. F North-Eastside of the North Some denser patches of Specific intervention to Arm fronting properties on phragmites. Mostly narrow layer tackle denser patches Trumans Path of phragmites along entire area. then ongoing annual Area Location Condition Action Needed maintenance hand _ cutting. G South-East side of the North Some denser patches of ' Specific intervention to Arm fronting properties on phragmites. Mostly narrow layer, tackle denser patches Rabbit Lane of phragmites along entire area. then ongoing annual maintenance hand cutting. H South East side of the South Arm Very dense area of phragmites Specific intervention I immediately to the West of the on adjoining private property. with full body PPE to Bay Avenue bridge Some spillover onto lake. Native tackle phragmites poison ivy infestation makes intertwined with cutting difficult. poison ivy then ongoing annual maintenance hand cutting. _ South frontage of the South Arm This area is very well controlled Ongoing annual abutting properties on North with limited Phragmites. maintenance hand Lane cutting. J South-West inlet of the South _ South side of the inlet very well Specific intervention to Arm controlled. North side of the tackle dense patch inlet has large dense patch of then ongoing annual well established phragmites. maintenance hand cutting. _ K North-West inlet of the South Dense area of phragmites on Ongoing annual Arm adjoining private property. Lake maintenance hand largely well controlled. cutting. S , r Area A — North side of the South Arm immediately West of the Bay Avenue Bridge rr Y. Photo 1:View of area A from Bay Avenue bridge. Taken 10/6/23 2:42pm Photo 1 shows the small but dense patch of mixed phragmites and cattails close to the Bay Avenue bridge.This needs ongoing annual maintenance. S AA„ 3 7 ap Photo 2:View of Area A from Suffolk County Parkland. Taken 10/6/23 3:48pm Photo 2 highlights the narrow but tall stand of Phragmites on the lake where it fronts 1600 Bay Avenue. Most of this area is free of Phragmites due to the established trees overhanging the water. Area B — North side of the North Arm immediately to the East of the Bay Avenue bridge 40 a Y . gar-� p( s Photo 3:View of Areas B and G from the Bay Avenue bridge. Taken 10/6/23 2:43pm. Photo 3 shows the denser patch of mixed Phragmites and cattails close to the North-East side of the Bay avenue bridge in the foreground and the largely well controlled area in front of the properties on Lakeview Terrace behind. Area C — Smaller North-West pointing Inlet of the North Arm to the East of Bay Avenue and South-East frontage of the cemetery •S p" •'V •S"gy, ;;ate' '��{.��3'Jl1L� a Photo 4:View of Area C narrow inlet from Lakeview Terrace. Taken 10/6/23 4:08pm Photo 4 shows the generally well controlled narrow inlet area of the lake in need of hand cutting of phragmites in places. Note the phragmites on private land in the foreground. *_'M..pyy_. Photo 5:View of the South East facing side of Area C from Lakeview Avenue. Taken 10/6/23 4:09pm Photo 5 shows the mix of bushes and other species with some phragmites remaining that are in need of maintenance. This area shows the private dock of 845 Bay Avenue in the foreground with the South-East facing frontage of the East Marion cemetery in the rear. Photo 6:View of the North facing frontage of Lakeview Terrace from the East Marion cemetery. Taken 10/6/23 3:27pm Photo 6 shows the Phragmites along the waters edge of Area C. in the foreground is the largely well controlled frontage to 845 bay Avenue which needs some maintenance cutting. In the background are the houses of Lakeview Terrace with the lakefront Phragmites below. This area is also well controlled but in need of some cutting. Unlike Area D the trees here are not dense enough along the shoreline to keep the Phragmites under control through shade alone. North-East • . • ' of • North •r, 'X:'lam_ /y, f `y.�t Photo 7:View of Area D in foreground taken from Lost Murion Cemetery. loken 1016123 3:09pm. Photo 7 clearly shows the lack of phragmites along the North-East facing frontage of the East Marion cemetery in the foreground.This area is heavily wooded with trees overhanging the lake and has a Northerly •' e• for Phragmites growth. Area E — Tip of the larger North-West pointing inlet of the North Arm closest to Main Road a Y W . . y ,R i Photo 8:Area E take from East Marion Cemetery. Taken 10/6/23 3:14pm. Photo 8 shows the generally well controlled Phragmites mixed with other species at the top of the North-West pointing inlet.This area needs hand cutting for maintenance. In the background is a somewhat denser patch of Phragmites in Area F fronting the properties on Trumans path. Area F — North-East side of the North Arm fronting properties on Trumans Path Photo 9:Northerly part of Area F from the East Marion Cemetery. Taken 10/6/23 3:21pm. Photo 9 shows a denser patch of Phragmites to the Northern end of Area F with well controlled areas to either side.This area needs to be cut back by hand and will then be maintained annually. Ya t_ Photo 10:Southerly part of Area F from East Marion Cemetery. Taken 10/6/23 3:27pm. Photo 10 shows the extent of Phragmites all along the frontage to the southerly half of Trumans path. While the stands here are quite narrow there are patches of higher density. This area needs a thorough intervention and then annual maintenance. Area G — South-East side of the North Arm fronting properties on Rabbit Lane y tFi)i,�p p° e 1t �. Photo 3:View of Areas e and G from the Bay Avenue bridge Photo 3, repeated here, shows the dense stand of mixed Phragmites and cattails that fronts 2015 bay Avenue in Area G.This stand needs an intervention to get it into condition where an annual maintenance cut will be sufficient. 77 t Photo 11:View of Area 8 and Area G from Lakeview Terrace. Taken 101612312:41pm Photo 11 shows dense stands of Phragmites in front of several properties on Rabbit Lane in the background.This area needs specific intervention work.This photo also shows, in the foreground, the mixed vegetation with some Phragmites in the generally well maintained area next to Lakeview Terrace. Area H — South East side of the South Arm immediately to the West of the Bay Avenue bridge II Photo 12:View of Area H taken from Suffolk County parkland. Taken 10/6/23 3:48pm Photo 12 shows the dense stand of phragmites in the lake and on the private land on the corner of Bay Avenue and Huckleberry Hill Road. This area needs specific intervention work as the area is rife with poison ivy and so special PPE is needed for the workers during the Phragmites cutting. Some of the Phragmites here are on private land and will not be addressed by this application.The Marion Lake Restoration Committee works on the lake only. Area I — South frontage of the South Arm abutting properties on North Lane a.. MWk' Photo 13:Area l from Suffolk County Parkland. Taken 10/6123 3:48pm Photo 13 shows the densely forested area fronting Huckleberry Hill Road and North Lane.This area has some Phragmites but the covering is generally narrow and well controlled. It needs annual maintenance work only. Area J — South-West inlet of the South Arm r .rye ,, :r r ' M r 4 f r ,4r ( � 1 e r 7 �•..J .ice^' I' .R, ,� _ S 1 P ? t Photo 14:Area l from the Suffolk County Parkland. Taken 10/6/23 3:46pm Photo 14 shows the tall dense stand of Phragmites to the North side of the South-West inlet of the South arm. This area fronts the Suffolk County Parkland and has not been cut for some time. Some open water is visible beyond, and the South side of this same inlet is Phragmites free largely owing to dense tree coverage and shade on this side. A specific intervention is planned for the North side of this area to remove the bulk of the Phragmites. We will then continue here with annual maintenance. Area K - North-West inlet of the South Arm Jt Mwa �^ r Yip K ek ' Y i 'r f � Photo 15: Area K from the Suffolk County Parkland. Taken 10/6/23 3:53pm Photo 15 shows the tip of the North-west inlet of the South arm of the lake.The success of the Phragmites cutting program shows clearly here to the right of the photograph where Phragmites are present but are sparse and the area is dense with native species.To the left of the photograph is private land that we do not address and this is dense with Phragmites crowding out all other species. ot,wum"z f[e.x0. 6EE eEC.u0 Z J^ 7 oYx \ .1w MATCH EfVE oa. X.7A•AN 27 1.:: 8EE BE" M rCH S x o asiu \ �- '} �.\b a ,�•� '� �'Gy'.. 'H 3 TGA; .�<. 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Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) y Southold, NY 11971 Q Telephone: 631765-1938 ol,YCOUNTy,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: November 15, 2023 Re: LWRP Coastal Consistency Review for MARION LAKE RESTORATION COMMITTEE Michael Lawn on behalf of MARION LAKE RESTORATION COMMITTEE requests a Ten (10) Year Maintenance Permit to hand-cut Common Reed (Phragmites australis) surrounding Marion Lake, to not less than 12" in height by hand, as needed. Bay Avenue, East Marion. SCTM#: 1000-31-17-1 & 1000-31-7-9 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Honorable Lori Hulse, Attorney Glenn Goldsmith,President Town Hall Annex A.Nicholas Krupski,Vice President ' � y 54375 Route 25 P.O.Box 1179 Eric S'epenoski Bit Southold, New York 11971 Liz Gillooly cry yc Elizabeth Peeples Telephone (631) 765-1892 �a.. Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD This Section For Office Use Only i Coastal Erosion Permit Application Wetland Permit Application Administrative Permit OCT 1 3 . Amendment/Transfer/Extension 2023 --K—Received Application: 10. 13.23 ' 4 X Received Fee: $ Completed Application: O.17 — moo.{d of rrz,�!nTs w Incomplete: _ SEQRA Classification: Type I Type II Unlisted Negative Dec. Positive Dec. Lead Agency Determination Date: Coordination:(date sent): 7( LWRP Consistency Assessment Form Sent: CAC Referral Sent: X Date of Inspection: Receipt of CAC Report: Technical Review: _ Public Hearing Held: Resolution: Owner(s) Legal Name of Property (as shown on Deed): Southold Town Mailing Address: Marion Lake Restoration, c/o Michael Lawn, PO Box 377, East Marion, NY 11939 Phone Number: 773 540 9117 Suffolk County Tax Map Number: 1000 - 031.00-17.00-001.000 and 1000-031.00-07.00-009.000 Property Location: The body of water known as Marion Lake to the North and South of _ Bay Avenue, East Marion (If necessary, provide LILCO Pole 4, distance to cross streets, and location) AGENT (If applicable): Mailing Address: 010H-4-4–L- l-AtvtJ Phone Number: 773 540 9117 Email: michaeljlawn@gmail.com Board of Trustees Appli .ion GENERAL DATA Land Area (in square feet): 1122977 Area Zoning: Surface Waters Previous use of property: N/A Intended use of property: N/A Covenants and Restrictions on property?._❑_Yes _ ✓�No If"Yes", please provide a copy. Will this project require a Building Permit as per Town Code? Yes _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 �✓ _No If"Yes", please provide copy of decision. his project re any demolition as per Town Code or as determined by the Building Dept.? Yes JVJ No Does the structure(s) on property have a valid Certificate of Occupancy? Yes FVI_No Prior permits/approvals for site improvements: Agency Date ❑✓ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? I I No ❑ Yes If yes, provide explanation: Project Description (use attachments if necessary): Maintenance of the lake ecosystem by hand removal of the invasive Phragmites Australis. Board of Trustees Appli. :ion WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Maintenance of the Marion Lake ecosystem by hand removal of the invasive Phragmites Australis. Area of wetlands on lot: 1122977 square feet Percent coverage of lot.. 100 Closest distance between nearest existing structure and upland edge of wetlands: N/p` feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? 0 No Yes If yes, how much material will be excavated?_ cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: _ Manner in which material will be removed or deposited: 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): Removal of the Phragmites Australis will prevent reduction in the lake surface area and allow native plants to thrive in the lake. It will also maintain the surface area of the lake for native birds, insects and animals. 61Z20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 -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 1 based on information currently available. If additional research or investigation would be needed to fully 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 information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part l -Project and Sponsor Information Name of Action or Project: Marion Lake Restoration Committee maintenance Project Location(describe;and attach a location map): Marion Lake to the North and South of Bay Avenue, East Marion Brief Description of Proposed Action: Cutting of invasive Phragmites Australis to prevent their domination of the lake. This allows native plants and animals to thrive on the lake. Name of Applicant or Sponsor: Telephone:773 540 9117 Marion Lake Restoration Committee E-Mail:michaeljlawn@gmail.com Address: Marion Lake Restoration Committee, c/o Michael Lawn City/PO: State: Zip Code: PO Box 377, East Marion NY 11939 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 z ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES 1f Yes, list agency(s)name and permit or approval: ❑ NYSDEC Permit Granted #1-4738-01379/00006 copy attached 3.a.Total acreage of the site of the proposed action? 25.78 acres b.Total acreage.to be physically disturbed? 1 5 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 25.7$ acres 4. Che I land usat occur on,adjoining an ar the prop action. Urban nRural(non-agriculture) Industrial riCommercial ©Residential (suburban) Forest Agriculture ©Aquatic W10ther(specify): Cemetery Parkland Page I of 4 ' 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ✓ b.Consistent with the adopted comprehensive plan? 1,0(111 1 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes, identify: Z ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ✓ 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: ❑ ❑ Not armlicable 10. Will the proposed action connect to an existing public/private water supply? -N—Of YES . If No,describe method for providing potable water: W1 ❑ 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Z ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ✓ b. Is the proposed action located in an archeological sensitive area? ✓ 13.a. Does any portion of the site of the proposed action,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? ✓ -EF If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14.-Identify the typic bitat types that oc n,or are likely to be found on tl�-project site. Check all that apply: Shoreline �/ Forest Agricultural/grasslands Early mid-successional ✓ Wetland Urban ✓Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? ✓ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? PNO If Yes, ❑ ^ ❑ a. Will storm water discharges flow to adjacent properties? NO ES ✓ b. Will storm water discharges be directed to established conveyance systemsff an¢�m drains)? If Yes, briefly describe: ONO Iu�ES Page 2 of 4 1 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond, waste lagoon, dam)? If Yes,explain purpose and size: ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 7 ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES. completed)for hazardous waste? If Yes,describe: ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Michael Lawn for Marion Lake Cttee Date: 23 Signature: Part'2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur I. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ i. Will the proposed action impair the character or quality of the existing community? ❑ E 4. Will the proposed action have an impact on the environmental characteristics that caused the El 1:1establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ ❑ affectexisting infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ ❑ a. public/private water supplies? b.public/private wastewater treatment utilities? S. Will the proposed action impair the character or quality of important historic,archaeological, ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ Elwaterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage El Q problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility,geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ElCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Southold-Board of Trustees Name of Lead Agency Date President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of'4 Board of Trustees Applin ' ion AFFIDAVIT' I CH,4L-L-3 L' 9 wnl BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES.TO HOLD THE TOWN OF SOUTHOLD AND THE BOARD OF TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE TRUSTEES,THEIR_AGENT(S) OR REPRESENTATIVES, INCLUDING THE CONSERVATION ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION, INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM OF THE PERMIT. Signature of Property Owner Signature of Property bwner SWORN TO BEFORE ME THIS j a- DAY OF 20 D-9 Notary P is JOSE CAMERA Notary Public•State of New York No.01CA6419658 Qualified in Westchester county My commission Expires Jul 1.2,2025 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibirs conflicts of interest on the part oftown.officers and employees:The punme of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Michael Jonathan Lawn (Last name,first name,ipiddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other Wetland (]f"Other',name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or emploYee of the Town of Southold? "Relationship"includes by blood, marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employce has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,dr child is(check all that apply): _aA)the owner of greater than 5%of the shares of the corporate stock of the applicant _n (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this )Lb- day of 0 f I�� 20 2 3 Signature_ Print Name iC ael Lawn Fonn TS I Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not-located within the Coastal Erosion Hazard Area. 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. A proposed action will be evaluated as to its significant ficant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 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. Thus, each answer must be explained in detail, listing both supporting and non- supporting.facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall 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 Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 031.00 _17;00 _001.000 PROJECT NAME Marion Lake Phragmites Cutting The Application has been submitted to (check appropriate response): Town Board ❑ Planning 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,licensd,certification: Z Nature and extent of action: Hand cutting of invasive Phragmites australis within the boundaries of Marion Lake in East Marion Location of action: Marion Lake, East Marion Site acreage: Present land use: Wetland/Surface Waters Present zoning classification: Surface Waters _ 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: Marion Lake Restoration Committee (b) Mailing address: Marion Lake Restoration, c/o Michael Lawn PO Box 377, East Marion, NY 11939 (c) Telephone number: 773 540 9117 _ Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes 0 No❑ If yes, which state or federal agency?State DEC Permit C. Evaluate 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 form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑✓ Yes F-1 No_ FINot Applicable The project maintains the current character of Marion Lake as an open body of water and prevents overgrowth by invasive Phragmites. Attach additional sheets if 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 1:1No ❑ Not Applicable Attach additional sheets if necessary 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 ❑✓ Yes ❑ No ❑ Not Applicable The project maintains the current character of Marion Lake as an open body of water and prevents overgrowth y invasive Phragmites. 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 Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ONot Applicable 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 III—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes ❑No ❑ Not Applicable The project maintains the current character of Marion Lake as an open body of mater and prevents overgrowth by invasive Phragmites. This ensures native flora can thrive in the lake margin and provides nesting and foraging space for waterfowl and other fauna. Attach additional sheets if necessary Policy 7. 'Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑No Z Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ❑✓ Not Applicable PUBLIC COAST POLICIES Policy 9. 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 through 46 for evaluation criteria. ❑ Ye❑ No❑✓ Not Applicable Attach additional sheets if necessary WORKING COAST POLI�xk�]S Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No ❑✓ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See,LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No Z Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No Z Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑Yes ❑ No ❑✓ Not Applicable PREPARED BY I"I I Cf14E L , LA w,�- TITLE N� ,4x,o t,4 N DATE I v 1 Ll 2-3 n