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HomeMy WebLinkAboutTR-4917 . Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda ~ 'ì»\\fFOl.t ~ , ~.¿>~' '~~ ~""~' 'ð ~' ~. ~ ~Q.{ . ~~~ . Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-184f2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 29, 1998 En-Consultants Inc. Roy Haje 1329 North Sea Road Southampton NY 11968 Re: ARNOLD BLAIR & PETER IZZO SCTM #111-10-1.1, 1.2 & 5 Dear Mr. Haje, The following action was taken by the Board of Town Trustees during its Regular Meeting held on May 28, 1998, regarding the above matter: WHEREAS, ARNOLD BLAIR & PETER IZZO" applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 8, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 28, 1998, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, . . RESOLVED, that the Board of Trustees approves the application of ARNOLD BLAIR & PETER IZZO requests a Wetland Permit to maintenance dredge a 30' - 55' wide X 128' long area within a dredged canal of Horseshoe Cove, and approx. 200 c.y. of dredged sand spoil will be placed on upland adjacent to previous spoil site. Located: 4560 Vans ton Road off Lowland Road, Cutchogue. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct and complete pro;ect will expire two vears from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: None Very truly yours, t2t¿..-1 ~ /~' 9~ - J Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. DEC ACE Dept. of State Bld.9. Bo¡;;;~r-. . . Telephone (516) 765-1801 Town 'Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL The following recommendation was made at the meeting of the Southold Town Conservation Advisory Council held May 21, 1998: No. 1565 Moved by Melvyn Morris, seconded by Kenneth Meskill, it was RESOLVED to recommend to the Southold Town Board of Trustees CONDITIONAL APPROVAL of the Wetland Permit application of PETER IZZO and ARONLD BLAIR 111-10-1.1, 1.2, and 5 to maintenance dredge a 3D' - 55' wide x 128' long area within a dredged canal of Horseshoe Cove; approximately 200 c. y. of dredged sand spoil will be placed on upland, adjacent to previous spoil disposal site; access to site will be gained via Vanston Road, through Blair property and along Lowland Road. Dredged canal of Horseshoe Cove, off Lowland Road, Cutchogue The CAC recommends approval contingent upon an approved, appropriate spoil site. Vote of Council: Ayes: All Motion Carried . . ~ EN- CONSULTANTS, INC. 1329 North Sea Road Southampton, New York 11968 516-283-6360 Fax: 516-283-6136 E-mail: encon@peconic.nel ENVIRONMENTAL SERVICES May 18, 1998 Mr. Louis Chiarella Bureau of Marine Habitat Protection New York State Dept. of Environmental Conservation SUNY, Building 40 Stony Brook, NY 1790-2356 RE: PETER IZZO AND ARNOLD BLAIR. #1-4738-01965/00001 Dear Mr. Chiarella: We received a Notice of Complete Application dated 14 May 1998 for the captioned application. As there has been a change in the proposed equipment access route, however, please find attached (4) copies ofa survey with a revised key map and note indicating this change. Please substitute these plans for purposes of review. By copy of this letter and submission of revised plans, I am similarly notifying the Southold Board of Trustees of this change. Robert E. Herrmann Coastal Management Specialist Attachments cc: Board of Southold Trustees .. .~~ .!,~'\; ~'\ ;Yf§ ~. ';'. fj" == :2. ::. ";; ~y ~'ð. ~^'¡ .. Alh~rt J. Krupski. President Jot-,n Holzapfel. Vice President Jim King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ùffice Use Only 07 - , í.JH1noS :10 NA~ COdstal Erosion Permit Applicatio -- .. 01 ~Wetland Permit Application W _Grandfather Permit APplicationfl 8661 8 - ,l.Vr¡ m Waiver/Amendment/Cha~ge~ lj, Received Application: s-r-,r . II tiJ U 51 új) _0 Received Fee:$/..rò -?J C!!J II Completed Application ~ -j'"-r C Incomplete SEQRA Classification: Type I Type II Unlisted Coordination: (date sent) ---- CAC Referral Sent: ,s--II- ,y Date of Inspection: L'-..J.../) - ,r ~ 0 Receipt of CAC Report: Lead Agency Determination: MM - 8 /998 Technical Review: Public Hearing Held: ~-,J..r-' ¡- Resolu.tion: Name of Applicant Peter Izzo & Arnold Blalr 4560 Vans ton Road Address Cutchoque, New York 11935 Phone Number: (516) 734-7340 Suffolk County Tax Map Number: 1000 - 111-10-1.1. 1.2 & 5 Property Location:Dredqed canal of Horseshoe Cove. off Lowland Road, Cutchogue (provide LILCO Pole i, distance to cross streets, and location) AGENT: (If applicable) En-Consultants, Inc. Address: 1329 North Sea Road Southampton. New York 11968 Phone: 516-283-6360 FAXi: 516-283-6136 1 .. of Trustees APPlicat.. GENERAL DATA Land Area (in square feet) : ±540 (dredge area) Area Zoning: R-40 Previous use of property: n/a Intended use of property: n/a Prior permits/approvals for site improvements: Agency NYS DEC TW 15276-0213 Southold Trustees #493 Date 4/97 8/68 USA COE #10520 5/78 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? x No Yes If yes, provide explanation: Project Description (use attachments if necessary): SEE ATTACHED , .. .. PROJECT DESCRIPTION PETER lZZO & ARNOLD BLAIR SCTM #1000-111-10-1.1,1.2 & S DREDGED CANAL OF HORSEHOE COVE OFF LOWLAND ROAD CUTCHOGUE, NEW YORK Maintenance dredge a 30' - 55' wide x 128' long area within a dredged canal of Horseshoe Cove. Approximately 200 cubic yards of dredged sand spoil will be placed on upland, adjacent to previous spoil disposal site. Access to site will be gained via Vanston Road, through Blair property, and along Lowland Road .. .. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To restore safe water depths for navigation. Area of wetlands on lot: n/a square feet Percent coverage of lot: n/a % Closest distance between nearest existing structure and upland edge of wetlands: n/a feet Closest distance between nearest proposed structure and upland edge of wetlands: n/a feet Does the project involve excavation or filling? No x Yes If yes, how much material will be excavated? 200 cubic yards How much material will be filled? n/a cubic yards Depth of which material will be removed or deposited: -4 (max) feet Proposed slope throughout the area of operations: 1:3 Manner in which material will be removed or deposited: Approx~mately 200 cubic yards sand to be dredged by clamshell bucket crane. 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): SEE ATTACHED . . STATEMENT OF EFFECT. PETER lZZO AND ARNOLD BLAIR. CUTCHOGUE The proposed project will not have any adverse impact on the adjacent vegetated tidal wetlands or Town waters. The project consists of the proposed maintenance dredging of the shoaled mouth ofa dredged canal at the head of Horseshoe Cove. The scope of the dredging is limited in nature and has been conducted at this site in the past twenty years. The dredged spoil will be composed of 100"10 sand, and thus the effects of turbidity will be localized at the mouth of the dredged canal and ephemeral in nature. Therefore, the project will not affect benefits derived ITom tidal wetlands and will not adversely impact water quality or surrounding habitats. . . NOTICE TO Þ~JACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of Peter 1zzo & Arnold Blair SCTMilOOO-111-10-1.1, 1.2 & 5 YOU ~RE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: SEE ATTACHED 2. That the property which is the subject Environmental Review is located adjacent to your property and is described as f~llows: Dredged canal of Horseshoe Cove, off Lowland Road, Cutchogue 3. That the property which is subject to Environmental Review under Chapters 32,37,or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and dose not reference any other adjacent that might have to review same proposal. OWNERS NAME:peter 1zzo & Arnold Blair MAILING ADDRESS: 4560 Vans ton Road Cutchoqe. New York 11935 PHONE #: 516-734-7340 Enc.: Copy of sketch or plan showing proposal for your convenience. , Botlb of Trustees APPlicatioJIÞ AtITHORIZATION (where the applicant is not the owner) I, æ þr/'ivu « It,rhP/t! j3/?((~ (print owner of property) residing at i:/J, ßO;L /7 (mailing address) ~ fcjpJI/~ ¡vy ltý3Ç ( VlC do hereby authorize /7/1/ -(ó"'5t///r.~ (Agent) to apply for permit(s' frQm the Board my behalf. ........ Boa. of Trustees APPlication. County of Suffolk State of New York ~ Nt!' ;; ]/J,O i ( /1r no I q 13! 4. ( ¡/ BEING DULY SWORN DEPOSES AND AFFIRMi 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 APPLI CANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRüSTEES ñAR¡'iLESS Mi'D FREE FROIo¡ AN":l At;L; AI.:. DA¡'1AGES Al-tD CLAII-IS 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 ( S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTIO~TH ~ OF THIS APPLICATION. ~J~ ' Signature SWORN TO BEFORE ME TP.:S /fl DAY oF~r/L ,l9.1L ~. (). ~a.dZ~ No-::ary ?ubl':'c RENEE A. BRÞ'IDNER NOTARY PUBLIC I STATE OF NEW YORK NO. 31-5044436 QUALIFIED IN NEW YORK COUNTY OC- - -110'<1 EXPIRES MAY ao, 1. ....... . . NOTICE TO ~~JACENT PROPERTY OWNER 30ÞRD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of Peter 1zzo & Arnold Blair SCTM#lOOO-lll-lO-l.l, 1.2 & 5 YOU rlRE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: SEE ATTACHED 2. That the property which is the subject Environmental Review is located adjacent to your property and is described as f~llows: Dredged canal of Horseshoe Cove, off Lowland Road, Cutchogue 3. That the property which is subject to Environmental Review under Chapters 32,37,or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and dose not reference any other adjacent that might have to review same proposal. OWNERS NAME:peter 1zzo & Arnold Blair MAILING ADDRESS: 4560 Vans ton Road Cutchoqe. New York 11935 PHONE #: 516-734-7340 Enc.: Copy of sketch or plan showing proposal for your convenience. : . . . . LITTLE HOG :-IECK IfORSESHOE CO\ ~', ~ I.... .. ·...A'tS" " I I .' .FE£r: '- '\'. ð 't , [) 1\ 0 I , ~ .'j , '" 0 t- " '" I I. 0 .!. í , "0· I > . z , > r , I , . I .' ;: r .. , \ \ . ' /:- I . . . ~~.. .. ".....,..~ -..... POINT . . . 1"')7"" " ~~~ '-':;"r~" Lf'1·OOIO" NassaIL Point. 'C-O ',. L.,.~~ ~""''''' ð' Er'-rœ'<:!:'T~"'TS ,','I' ...L ' I , 'V. 132~ N'f'TH SEA RD. SOUTHkl.':'TON, r;.y. 11968 516·283-6360 I··-.......:..~...· I ., -....-___ .' ---- ~ 1) Purpo.: r. rat..... oafe _er depths for navigation 2) Elewrti_ ret......ed t. N6VI> 1929 Datum 3) Timber t. be CCA-treated 4) Ap ll'V)(imately 200 cubic yards .f sond t. be d....dged II'Id ploced .n upland spoil site 5) Project loc:crted at dredged ........1 .f H.....hoe Cow: 6) Adjacent.1OI'III'S: 1. Ba>eter 2. Harri.... '" .thsrs 3. Nature Coo_ _oC;y PROPOSED DREDGING FOR PETER IZZO AND ARNOLD BLAIR ON DREDGED CHANNEL OF HORSESHOE COVE, CUTCHOGUE, SUFFOLK CO., NY SHEET 1 OF 2 5/1/98 . . I ! ! '. ! ~ - 0 . ~ ~ C. , . j; ~ ã 0 " . ~ ! 1 ~ . . /' - / Iii J <I ¡J ~ ~ ~ 'P~ ..5' ~~ /- / ¡¡¡~ J i< i! g u . ~ ~ . I I I ~ . . - Iii <I ¡J ~ . i Er·,'-rn~r~:f:Tl"T~ 1".!:. ! I l?~~.' r ~lrTlj ;:.~/, Dr} S'1~rTHI¡"~¡n'" r'y' 119GB c 1 r '),-..- "'..,rr .J t·-.o.:-.::,J l;J~J PROPOSED DREDGING FOR PETER IZZO AND ARNOLD BLAIR ON DREDGED CHANNEL OF HORSESHOE COVE, CUTCHOGUE, SUFFOLK CO., NY SHEET 2 OF 2 5/1/98 . . PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: William Baxter 6915 SE Harbor Circle Sailfish pt, Stuart, FL 34996 Elizabeth Harrison & others as Trustees 14th Street Paul's Place Garden City, NY 11530 Nature Conservancy c/o NY Reg. Office 415 River Street, 4th Floor Troy, NY 12180 Nassau Pt. Conservancy Association Post Office Box 346 Cutchogue, NY 11935 STATE OF NEW YORK COUNTY OF SUFFOLK doing business at En-Consultants, Inc. Robert E. Herrmann , ~~~~~ 1329 North Sea Road Southampton , being duly sworn, deposes and says that on the 7th day of May ,19~, deponent mailed a true copy of the Notice set forth in the Board of Trustees Applicat~on, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address 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 Southampton hat said Notices were mailed to each of said persons fied) (xe~ixxexeà) mail. Robert E. Herrmann Sworn t~ me this ~ day of ,19 q ~ ~.V-~ Notary PubJ.. c KIM H. STEPHENS <i NOIary Public-S1III8 of Ne" Y.,~ Commission No. 50159"1 Qumlfled in ... . Suflolk Counü.. Comm¡..ion E ire. Au ust 6 . . . . ~ , I "'"""'" I :I'LC<......- I Postage $ ]J-.. ( ( ç .3ù Cortiflod Fee / 3 /- . ]..2. ¡ Spec:io DeIivoryFee - CettifiedFee . 3 ) -DeIivoryFee '" (Ù Special Deliwry Fee g¡ ReIun Recoipt - IM10m & DaIo ¡-~ DaIo,& I. (ù ¡!i TOTAL P ~_or E .77 ,f en a. §LUL 932 . .. ~~--~-------- 5.,' ~ Z 119 591 934 ,¡;;-::J..C-I us Postal Sorviee Receipt for Certified Mail No Insurance Coverage Provided. Do not use for InternationaJ See reverse Sent 10 "'-< ""t'" 't... ~~'~~E .f- G'\.c P Office. Sla~. & ZlF>Code 3 V Co '1 (, ~t - rc.. I Postage $ j;L CettifiodFee (.3(' Postage $ Certified Fee ?- ( . " \ Special Delivery Fee Res1rictod DeIiwry Foe :II Return Recoipt Showing 10 (. I Ù ~ Whom&Date . "t: Retum . _ _. Whom. .'( Dele & ~ '\ ~ ~A ~&~ $"\ 07, 71 '" """"-""'\CIaIe , E ¡-z:;~\.,..... l & v -......___.<. -'. . æ O',~~ ._" . 0" . $pedal Delivery Fee / (i) '-'.~ ~- - - -- ---- . . Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda lL~~ J~.~'\ v~ ~ ::;) ... CI . en ~ 'ð ~ ~. ~~ ~Q.{ . ~~~ ~ Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18f 2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTH OLD ----------------------------------- In the Matter of the Application of I:J-'t&º~]¿ _ _ßJ¿J.l_::t:=.f a-'~_IL n( Z"Z. D COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I ,~ì".:r 1--t~A,.fY\J , 1'!!8~~t~ at EN-CONSULTANTS INC. 1329 NUK I H SEA RI). C:OIITHAMPTON. N.Y. 11968 being duly sworn, depose and say: 516.283.6360 That on the ~O't'-day of µ"'1 ' 199';1, perso a ly posted the property known as 5 - v ~, by placing the Board of Trustees official poster, here it can easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the pUblic hearing. (date of hearing noted thereon to be held¡rlAý,;z.r(Y'ir-- M) ølt Að:ðCJr 7:ðÐ /,_It< . ( , Dated: Sworn to before me this ...::>ð"'-day of ---T1'u1u.¡ 199? ~ Vi'V-4p N y Public . . AI'PLICI\NT TRI\NSACTIONAL DISCLOSURK FOIIH The Town of Southold's Code of Ethics prohibits conflicts of Interest on the part of town officers and em 10 ees. The 12.!!£ ose of this form is to rovide information wh ch can alert the town of poss ble confl cts of nterest and allow It to take whatever action is necessary to avoid same. TOUR NAME I ,/ /Î-:Ýnd/~ 3/f/(t/ (Last name, first name, m ddle n tial, 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.) NI\TURE OF APPLICATION, (Check a 11 tha t apply.) Tax grievance Variance Change of zone I\p'pt;.oval of þlat Exe~ption from plat or Other (If ·Other,· name the activity.) official map ¡)/t'~ e Do you personally (or through your cOMpany, spouse, sibling, parent, or chIld) hove a relationship vith any officer or employee of the 'I'ovn of Southold1 "Relationship" includes by blood, marriage, or business interest. -Business intere"t" melln" a buslne"ø, including a partnernhip, in vhich the town officer or employee has even a partial ownernhip of (or employment by) a corporation in which the town officer or employee ownn lIore than 5% of the shareB. L IRS NO If you answered "YES,· complete the balance of this form and .Iate and nign where indicated. rlame of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line 1\) through D) and/or describe In the space provided. The town officer or employee or his or her epouse, sibling, parent, or child Is (check all that apply), 1\) the owner of greater than 5% of the shares of the corporate stock of the appllc~nt (when the applicant Is a corporatlon), B) ths leg~l or benerl~lal ~w(leC of allY inberest in a noncorporate'entlty (when the applicant Is not a corporation) I C) an officet, ~i~~~~~~, partner, or employee of the applicantl or D) the actual applicant. DESCRIPTION OF RELI\TIOl'iSIIIP Slgnatur , J .··(0l ~~)~~ Î s/ ~ . . I, William Baxter, own property known as Suffolk County Tax Map No. 1000-111-10_2, located in Nassau Point, Cutchogue, and adjacent to that owned by Peter and Sheilla Izzo. I understand that Mr. Izzo and Mr. Arnold Blair have proposed to maintenance dredge the mouth of the dredged canal off Horseshoe Cove, in &ont of my property. I am aware of and have no objections to their plans to 1) place sand spoil on my property; and 2) place equipment along the edge of my property after accessing the site through Mr. Izzo's property and Lowland Road, all as depicted on the site plan prepared by Joseph A. Ingegno, land surveyor. r: t;:l".Ii' n ~ Ej2/23/1999 22: 14 51&74925&8 \ij¡A'fiE "f11::J:. TËR.,.IS -- ~'. \;~Ùí~~; 3'0 r89 \iU\ _Y."__.f_I~Q@!"! -¡ Building 40 - SUNY, Stony 111'0011. New York 11790-2368M__.-·-·- Phon. (618) 144 0366 Fa.. 11 15181444-0373 PAGE Ej2 John P. Coh. Commiellaner AMENDMENT TO PERMIT March 31,1999 Peter luo end Arnold Blair 4SIS0 VBDstou. Road Cutcb.o¡l!e,Ncw York 1\ 935 Re Permit 1-4738-0196510000 I D_SIr· Your recent ..c¡uC3t to modify the aIIoYe permit has boeII reviewed pUllUMt tø c5NYCRR, PaIt ~21. It has been detennlnod that the proposed QJDd.iflc:llliOlll wiD DOt subotantially change the ICOpe ðf the pel'lllltœd 1ICtI0tII or the cxisting ponnit coodItiOlll. Thcrefort, the pIIDIÍt ¡11\nI!IIAIId tø 1IIIhorizB: . -lDItaIla 7'Jc2O'(1S"x12" timblr) _ OVoclll ildll\1i.dal morsh t.br crana ro _ over man¡h one time only. -crane will rebaDdle dreclgallllllarial dinictly 10 payl...... to dra4e spoil area. - . -Dred¡o area will nol ""c:eed 40' width on ot'úbQre end aad 30'''¡dtb.on lDshore end. ne lOp of cIJedce area WIll not be locate wilhin IS' .....rd ofme int4Itidal q¡anb. DrecI&e _ is limiled to Iaeatioø as fIaaged 3130199 by BMHP staff. Filter cloth will be plaçec\ ovortjdal wcd1114s iD __ otb.¡çþt lnIIIist 0_ tidal wetlalJ.ds. No dn:dge /II8IeI'ÌILI may be plBCeÒ in veplato<! ti4al wedaa4a. , -Enda~ speçies II1OIIÌIOr mult report ID c.H1IJIiltœ or C. Añòtu by 0900 011 April I and April 2, 1999 at 444- 0295 of the staua oflbe eadmgered Ip.cict within 1000' ot""'ject.... Alloctivitei....;1I b e IIIIpped If there ere endan¡ered .pe<:iel within 300' of said regulated al:tiviiœs. There sholl be no climublDCC to endanpred species while "'SU1ated aaivitiea an: beil1& çonducl1ld. Said mønltar shall report by 1630 ..r every day the JIaIUs of projeel and stalDs of eodan¡ered $pacilS 10 some staff, -Photog¡aglls of dredge area IIIId affeáK tidal \¥eIlaIId shall be taken aDd provided to the Depu1lt1ellt at the ene! of lIIe workday and submitted 10 sraffby April 10,1999. By AprillO,19911111)' disturbed interlidal marsh area in accus route shall be replanted with Spartina abamifJDra on 6" CIOIItaD. PbotoJl'S!ha of ,II pJsmed areas shall be submittod . to staff. All disturbed are., landward of the intertidal marsh shill be p\lIIlted with Spartina patens by Aprill 0,1999 on 6" ceoterl including the beach area wbere th8 c:raD8 has used 811 aççelS way. ·PatNn 10 adIIere to III!)' of the sPEC[A1. CONDITIONS ofws _...dment will RSM In imJlled.laœ œssatioD of this project as dinc:ted by DepIltiOClll staff. -Pormilsion to utilize altenaate dredge bUlOkels typo is lit the disgreø.ion of the.R.egíca I 'Natnral Resource SUpeMsor who"",, verbally auihoriz. oaid .... apoII__ ttC Uest. -Project may be eðl\duc:ted 011 April 1 8l1li2, 1999 only IS direcIod by this amendment and will Dot be OJIllloded beyood 1IW time hme. -All work will be.IQ açc:orciaa.. with NYSDRC opproved plan. AU other tanns and Conditionl remain IS wri!teII in the oritinaI I8I'II1it. Vcty truly yours, ~ eQ..Q. ¡;- ...... Ot:.-.,. Deputy Regional Permit AdministralQr . Ce BMHP File œ, ~ U 0 U1 ~ L~~i.~~~r y TOWN 0,- c·,-.; "1..1."1 n r v\.'~ !! I -"_J) .~~ ~~ (Name of A icant) j/.~ N me & Address of Contractor Involved) ~ ( p'ro j ect Locat i on ) .iJ (~~~"~~perty Involved) Ýl~/1. ¡l.O.¿¡}· (Name & Address of Homeowners Association / Property Owner) ~~ . ~ (B-;:i;tl.JoclDZc~ ~~f)~ . . ACCESS CONSENT FORM FOR ACCESS THROUGH PRIVATE PROPERTY Office use Fi le #: Permit #: Only 1 ) ~ (Address) , 2 ) 3) 1000- (S.C.T.M. #) 4) (Hamlet) 5) 6 ) 7 ) Starting Date: 3/;U/99 , I Completion Date: ?fÍß9' 8) Estimated Cost of Proposed Work: /Ó/{)¿)t)· 9) Insurance Coverage: A. The coverage required to be extended to the Property Owner: Bodily injury & Property Damage; $300,000/$500,000 Bodi ly Injury & .$50,000 pr~pe~rt D~ag~; ) B. Insurance Company: ~~þ~ C. Insurance Agent Name & Telephone.#: '1~Þ3.(M D. Policy # : ~W E. State whether {policy or certification is on file with the Trustees Office: ~ (If no, Provide a copy with Application) ~s/no) ~~fv~¿::~~e~Þ-W? ------------------------------------------------------------------ To be comp1eted by the Property Owner: I/We the undersigned, fully understand Work referenced above and have no ob'e Applicant to cross My/Our Property 0 he nature of the Proposed . n to allow i n g the ork. he Property Owner horized representative) . . Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda -rL'~-..........~ ,;IV- 'ilUfFOl.t -c-~ .,v.~.~ ¿>~"'", .,~~ "'-, '1.-- -~-1 ~ ;:, ;.c:. ,,< '" = ~ .:; ~~ en ;:æ: ,1,~ ~. 'ð !'> /) ~ ~. . ,--~N -'~ ~...~, ~"Q.{. ....-S;Ý ~ ~-(jj.. ~~"""'J""~ Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18'2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 30, 1999 James Rambo Inc. Tom Samuels Bishops Lane Southampton NY 11968 RE: PETER IZZO & ARNOLD BLAIR SCTM #111-10-1.1, 1.2 & 5 Dear Mr. Samuels, The following action was taken by a poll of all the Southold Town Board of Trustees on March 30, 1999: RESOLVED, that the Southold Town Board of Trustees grant the request for an Amendment to Permit #4917 to create access across a 12' X 14' marsh fringe for crane access to channel. Following dredging project, the disturbed area and upland section will be replanted with low & high indigenous marsh (alternaflora & pat tens) . If you have any questions, please call our office at 765-1892. Sincerely, ~9- /~~. Albert J. Krupski, Jr. President, Board of Trustees AJK/djh NEW YO~ATE DEPARTMENT OF ENVIRONMENTAL CONSERVAT4IIÞ DEC PE.MIT NUMBER 1-473B-DI965/00001 FACILITY/PROGRAM NUMBER(S) . PERMIT EFFECTIVE DATE Jul 30 1998 EXPIRATION DATE(S) July 30, 2003 under the Environmental Conservation Law TYPE OF PERMIT . New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate . Article 15, Title 5: Protection of Waters . 6NYCRR 608: Water Quality Certification o Article 27, Title 7; 6NYCRR 360: Solid Waste Management o Article 15, Title 15: Water Supply o Article 17, Titles 7. 8: SPDES o Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management o Article 15, Title 15: Water Transport o Article 19: Air Pollution Control o Article 34: Coastal Erosion Management o Article 15, Title 15: Long Island Wells o Article 23, Title 27: Mined Land Reclamation o Article 36: Floodplain Management o Article 24: Freshwater Wetlands o Article 15. Title 27: Wild, Scenic and Recreational Rivers . Article 25: Tidal Wetlands o Articles 1, 3, 17. 19, 27, 37; 6NYCRR 380: Radiation Control o Other: PERMIT ISSUED TO TELEPHONE NUMBER Peter Izzo and Arnold Blair (516) 734-7340 ADDRESS OF PERMITTEE 4560 Vanston Road Cutchogue NY 11935 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER En-Consultants, Inc. 1329 North Sea Road Southamcton NY 11968 (516) 283-6360 NAME AND ADDRESS OF PROJECT/FACILITY Izzo/Blair Property Dredged canal of Horseshoe Cove off Lowland Road LOCATION OF PROJECT/FACILtTY Cutchogue COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Little peconic Bay DESCRIPTION OF AUTHORIZED ACTIVITY Maintenance dredge a 301 x 551 X 1281 area to -5.5 MLW. Resultant 200 cubic yards shall be placed on upland in former disposal site. All work shall be done according to survey prepared by Joseph Ingegno last revised 5/6/98 and stamped NYSDEC approved on 7/29/98. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General conditions specified (see page 2) and any Special Conditions included as part of this permit. DEPUTY REGIONAL PERMIT ADMINISTRA- TOR: Charles T. Hamilton ADDRESS Bldg. 40. SUNY, Room 121, Stony Brook. NY 11790-2356 AUTHORIZED SIGNATUR y; DATE July 30, 1998 Page 1 of 5 MAR 2 9 ~l ~ ,._-_J TOWN OF SOUTHGlD - 1145b (Great Pecon;c Bay - pete4ltzzo & Arnold Bla;r - . dredge w;th upland d;sposal) ~ .¿. IiORSESHO£ co\! , .. , \ , \ .' . . ..' ~ (EDftEð(. . ~ ·,."'lIl(Sþt -f " ~ ',\- .~ 6)'\ \ , . \:., 'o' . J I I. " ! I. , Ii , 'I' , l ¡:. . .~ts:r ;$ " .,' " ~ '" o , " '" , I, 0 ',0 . .~ .~...~.. ~ .. .... "¡' : (i),.. ...... I' 1. ., '0 ..-..:........... ......-.~ --. " ~ EN-CONSULTANTS INC. 1329 NORTH SEA RD. SOUTHAMPTON, N.Y. 11968 516-283-6360 roJrnœrnowrnfñì un MAR29mJllr./ 1_.., ' ...."."---.- ,-,...... ~ :\ k LITTl.E HOG ~F.CK NASSAU POINT . ' " -p.'J.1""· ~'OO!o" Na.ssa.u. Point I:!2ts: I) Purpoa: To rutorc we wester dcptho for ...vigation Z) EI&wtI_ refcronc:ed to NÐVI) 19Z9 Þa1um 3) TImber to be CCA·treated 4) Approxlmlftely 200 albic yord. of ...,.¡ t. be d....d! Cd and placed on uplond IpOII .lte 5) Project ~d 1ft dredged channel of Hor_hoe Co.. 6) Adjacent 0_" L 1kÞct... 2. ~ '" ot..... 3. Ncrture ~ IIU'IC.," PROPOSED DREDGING J'OR I PETER IZZO AIfD ARHOLD BLAIR I OR DREDGED CHAIfRBL OJ' HORSESHOE COVE, CUTCHOGUE SUFFOLK CO., NY · SHEET 1 OJ' 2 5/1/98 1145~ (Great Peconic Bay - Peter .0 & Arnold Blair - dredge wfth upland disposal) -' ~ . ( I . t . I I ~\ ~ , ' i \ ~ ! . Q ~ I I & ~ " ~II¡ i ~~ Ii I I II ~ ~ Ii ~ u u ~ ~ . i ft I iii I . . - . i . (- - ¡¡ I ~ I: i ! I œ rn © Œ ~ WI Œ r~1 ~'-_-._" l!r·' MAR 2 9 1CJ99 -~~- . Tf)\I1~' ' , - EN-CONSULTANTS INC. 1329 NORTH SEA RD. SOUTHAMPTON, NY. 11968 516·283-6360 PROPOSED DREDGING FOR PETER IZZO' Al'fD ARHOLD BLAIR ON DREDGED CHARNEL OF HORSESHOE COVE, CUTCHOGUE, SUFFOLK CO., BY SHEET 2 OF 2 5/1/98 NEW YO.ATE DEPARTMENT OF ENVIRONMENTAL CONSERVA. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages and costs, direct or indirect, of whatever nature and by whomever suffered, for liability it incurs resulting from activity conducted pursuant to this permit or in noncompliance with this permit and has agreed to indemnify and save hanmless the State from suits, actions, damages and costs of every name and description resulting from such activity. Item B: Permittee to Require it's Contractors to Comply with Permit The permittee shall require its independent contractors, employees, agents and assigns to read, understand and comply with this permit, including all special conditions, and such persons shall be subject to the same sanctions for violations of this permit as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required for this project. Item D: No Right to Trespass or Interfere with Riparian Rights This penmit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the penmitted work nor does it authorize the impainment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the penmittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401 (3). The permittee shall provide a person to accompany the Department's representative during an inspection to the penmit area when written or verbal notification is provided by the Department at least 24 hours prior to such inspection. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1 Bldg #40 SUNY, Stony Brook, NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations is found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. DEC PERMIT NUMBER 1-4738-01965/00001 I I PAGE..L OF ..L NEW YO.ATE DEPARTMENT OF ENVIRONMENTAL eONSERVAe ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 For Article 25 Tidal Wetlands 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, flll, excavation, or other modiflcation of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be iiable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required. 4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended soiids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 5. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the appiicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 8. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent iimitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Joseoh Inaeono last revised 5/6/98 and stamoed NYSDEC aooroved on 7/29/98 DEe PERMIT NUMBER 1-4738-01965/00001 I I PAGE --L- OF ~ NEW YO TATE DEPARTMENT OF ENVIRONMENTAL CONSERVA SPECIAL CONDITIONS 1. Due to the presence of threatened and endangered species, no work is authorized between April 1. and August 31 of any year. 2. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 3. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity . 4. All dredged material shall be disposed on an approved upland site and be retained so as to not re-enter any water body, tidal wetland or protected buffer area. 5. During the dredging operation, the permittee and his contractor shall prevent spillage of sediment during excavation and haulage. Dredging shall be accomplished with a clam shell or other closed "bucket" equipment. 6. Excavated sediments shall be placed directly into the approved disposal site or conveyance vehicle. No sidecasting (double dipping) or temporary storage of dredge material is authorized. 7. No dredging shall occur within 15 linear feet of the seaward edge of the vegetated tidal wetlands. 8. The use of a dragline for dredging is strictly prohibited. 9. Dredging shall be undertaken no more than once in any calendar year unless specifically authorized by the Department. 10. For maintenance dredging projects, permittee shall submit a Notice of Commencement prior to each dredging occurrence, specifying the disposal site (including an updated site plan). Upon completion, a Notice of Completion specifying the amount of dredged material deposited at the approved disposal site must be submitted. Suppiementary Special Conditions (A) through (F) Attached DEC PERMIT NUMBER 1-4738-01965/00001 PAGE ~ OF ...Í- . . SUPPLEMENTARY SPECIAL CONDITIONS The following conditions apply to all Tidal Wetlands; Freshwater Wetlands; Coastal Erosion Management; and Wild, Scenic. and Recreational Rivers Permits: A. A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has been completed. B. The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special, and supplementary special conditions. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516) 444-0365. C. If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submission of a new application for permit. D. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a survey. E. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to recommencing work in subsequent years. F. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242 (516) 474-2195, which may be required for any encroachment upon State owned lands underwater. DEC Permit No. 1-4738-01965/00001 Page 5 of 5 pBJllliTTBBS : PBJIIII't 1l0. : Peter IZZO. Arnold Blair 1998-07010 . Special Conditions: Ilone J'urther Information: 1. Congressional Authorities: You have beeD authorized to undertake the activity described above pursuant to: (%) Section 10 of the River. and Harbors Act of 1899 (33 U.s. Code 403) . (X) Section 404 of the Clean Water Act (33 U.S. Code 1344). ( ) Seotion 1Q3 of the Marine Protection, R.e..arch and Sanctuaries Act of 1972 (33 t1.S.C. 14.13). 2. LtmitB of this authorization: a. This permit does not obviate the need to obtain other pederal, state, or local authorizations required by law. b. This permit does not grant any property rights or 8xcluaive privilege.. a. This permit does. not authorize any injury to the property or right. of other.. d. This ptlrmit doe. not authori.. interfereDee with any existing or proposed ".doral project. 3. Lim1ta of ..deral Liability: In i.suing this permit, the Pederal Government doe. not a.sume any liability for the following: a. D"'ge8 to the permitted project or uaes thereof a8 a result of other permitted. or unpermitted activities or from nat.ural causes. b. Damage. to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States 1n the publlc: interest. c. Damage. to persons, property, or to other per.mitted or unpermitted aotiviti.. or structur.s cauøad by the activity authori.ed by this permit. d. Design or oonstruction defleienoie8 as.ociated with the permitted work. e. Damage alai.. aa.ociated with any future modification, suapension, or revocation of this permit. 4. Reliance on Applicant's Data: The determinationol thia office that iSBuance of this pead.t ia Dot contrary to the public inter..t wa. made in reliance on the information you provided. 5. Re.valuationof Per.mit Decision: This office may reevaluate its decision on thia permit at any time the circumatance. wart"ant. Circumatanee. that could require a reevaluation :l.nclude, but are not limited to, the following: &. You fail to comply with the t.rm.ø and conditions of thia permit. b. The information provided by you in support of your perødt application p~OV.8 to have been fal.e, incomplete, or inaccurate (S.e 4 above). a. Signi ficant new information surfaces which thiø office d.id not conaider in reaching the original public interest d.eeiaion. Such.. reeva1.uation may re.u1.t in a determination t.hat it 1. appropriate to 1.188 the 8u8pen8iol1, modification, and revocation procedure. contained in 33 CrR 325.7 or enforc~.nt procedure. auch a. those contained in 33 CFR 326.4 and 326.5. The referenced enfore~ent procedures provide for the issuance of. an administrative order requiring you to comply with the terms and. condition. of your permlt and for the initiation of legal action where appropriate. You will be requireò to pay for any corr.c~ivem.aaure8 ordered by this office, and if you fail to comply with such directive, this offioe may in certain situations (such aa tho.. specified in 33 en 209.170) accomplish the corrective meaBurea by contract or otherwise and bill you for the coat. BIG FOIIII1m. _ II EDITION OF SEP 82 IS OBSOLETE. (JJ CFR JZ5 (App.ndb: A» 2 . . . . DEPARTMENT OF THE ARMY PERMIT Permittti8S: Peter Izzo " Arnold Blair, 4560 Vans ton Road, CUtchogue, NY 11935 (516) 734-7340 Permit No.: 1998-07010 Issui':lg Office; Hew York District Corps of Engineers NOTH: The term "you II and its derivatives, as used in this permit, means the permitte4!lB or any future transferee. The ter.œ "this office" refers to the appropriate district or division office of the Corps ~f Engineers having jurisdiction over the permitted activity or the appropriate off!cdal of that office acting under the author! ty of the commanding of fleer. You are authorized to perform work 1n accordance with the terms and conditions specified below. Pro)e<..'t Description: Dredge, with ten years maintenance, an irregularly shaped channel ranging from approximately 30 feet to 55 feet wide by 128 feet long, at the aouth of Horseshoe Cove to a depth of four feet below mean low water, removing approximately 200 cubic yards of material. All dredged material will be dewatered in an adjacent upland area with return flow allowed to reenter the waterway 8S necessary, then will be disposeð at a state-approved upland site where it will be suitably retained to prevent its reentry into any waterbody. All work shall be performed in accordance with the drawings which are hereby made part of this permit. Projp.ct Location: IH: Horseshoe Cove, Great peconic Bay AT: CUtchogue, Town of Southold, Suffolk County, Hew York Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on March II. 2009 If Y011. find that you need more time to complete the authorized activity, submit your request for a time exten!]ion to this office for consideration at least one month before the above date i. reached. 2. You must maintain the activity authorized by this permit in good condition and in eonformanoe with the terms and conditions of this permit. You are Dot relieved of this requirement if you abandon the p.~itted activity, although you may make a good faith transfer to . thir~ party in compliance with General Condition 4 below. Should you wish to cea.. to maintain the authorized activity or 8bould you desire t.o abandon it without a good faith transfer, you muat obtain a modifioationof thia permit from this office. which may require restoration of the area. 3. If you discover any previously unknown historic or arcbeologit:al remainB while aocomplishing the activity authorized by this permit, you must immedlatelynotify this office of what you have found. We will initiate the Pederal and state coordination required to determine if the remaina warrant. re..:::over}- effort or if the site ia eligible for liating in the National kegiater of HistoriC! Plac... 4. If you sell the property associated with this per.mit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to thiø office to validate the transfer ~f this authorization. 5. If a cond1.tionedwater qua.lity certificationhaB been isaued for your project, you must comply with tht't conditions spe-:ifiød in th. certification as special conditions to thia permit. For your ccnvenler.ce, a copy of the certification is a.ttached if it contain. such cond.itions. ~. You must allow repreøentatives from this office to inspect Lhe authorized. activity at any time deemed necessary to ensure that it is being or bas been accomplished in accordance with the terms and conditions of your permit. 1~45b (Grnat Peconic Bay - Peter IZEO & Arnold Blair - dredge with upland disposal) ENG FORM 1721, Nøv 88 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendir A.I! 1 - J m ~BLIC NOTICE . , US Army Corps of Engineers New York District Jacob K Javits Federal Building New York. N.Y. 10278-0090 ATTN: Regulatory Branch In replying refer to: Public Notice Number: 98-07010-L2 Issue Date: September 18, 1998 Expiration Date: October 16, 1998 To Whom It May Concern: The New York District, Corps of Engineers has received an application for a Depanment of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344). APPLICANTS: Peter Izzo & Arnold Blair 4560 Vanston Road Cutchogue, NY 11935 ACTIVITY: Dredge with ten years maintenance and subsequent upland disposal W A TERW A Y: Horseshoe Cove, Great Peconic Bay LOCATION: Cutchogue, Town of Southold, Suffolk County, New York A detailed description and plans of the applicants' activity are enclosed to assist in your review. The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of imponant resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historical propenies, fish and wildlife values, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of propeny ownership and, in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested panies in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic propenies, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRA TION DATE OF THIS NOTICE, otherwise, it will be presumed that there are no objections to the activity. Any person may request. in writing, before this public notice expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, CENAN-OP-RE PUBLIC NOTICE Nú. 98-07010-L2 with particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing. Our preliminary determination is that the activity for which authorization is sought herein is not likely to affect any Federally endangered or threatened species or their critical habitat. However, pursuant to Section 7 of the Endangered Species Act (16 USC 1531), the District Engineer is consulting with the appropriate Federal agency to determine the presence of and potential impacts to listed species in the project area or their critical habitat. Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites eligible for, or included in, the Register within the permit area. Presently unknown archeological, scientific, prehistorical, or historical data may be lost by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator, U.S. Envirorunental Protection Agency, under authority of Section 404 (b) of the Clean Water Act and the applicants will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 40 I of the Clean Water Act prior to a permit decision. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as amended [16 U.S.c. 1456 (c)]. for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program, the applicants have certified in the permit application that the activity complies with, and will be conducted in a manner that is consistent with. the approved state coastal zone management program. By this public notice, we are requesting the state's concurrence with, objection to, or waiver of the applicants' certification. No permit decision will be made until one of these actions occur. For activities within the coastal zone of New York State, the applicants' certification and accompanying information is available from the Consistency Coordinator, New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, Coastal Zone Management Program, 41 State Street, Albany, New York 12231. Telephone (518) 474- 3642. Comments regarding the applicants' certification, and copies of any letters to this office commenting upon this proposal, should be so addressed. In addition to any required water quality certificate and coastal zone management program concurrence, the applicants have obtained or requested the following governmental authorization for the activity under consideration: New York State Department of Envirorunental Conservation Tidal WetiandslProtection of Waters Permit Town of Southold Permit It is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact Ms. Sophie Ettinger at (212) 264-3912. For more information on New York District Corps of Engineers programs, visit our website at http://www.nan.usace.army.mil FOR THE DISTRICT ENGINEER: ~?1/0~~ 1,-J ~â1!d os ph J. Seebode f-'" {rr C ef, Regulatory Branch Enclosures , CENAN-OP-RE A PUBLIC NOTICE NO. 9~7010-L2 . ; WORK DESCRIPTION The applicants, Peter Izzo and Arnold Blair, have requested Department of the Army authorization to dredge material from Horseshoe Cove, Great Peconic Bay at Cutchogue, Town of Southold, Suffolk County, New York with ten years maintenance and subsequent upland disposal. The work would involve dredging, by clamshell, with ten years maintenance, of material from an approximate 30 foot to 55 foot wide by 128 foot long channel within Horseshoe Cove to a depth of four feet below mean low water, removing approximately 200 cubic yards of material during the initial event and 100 cubic yards during additional events expected five times over the ten-year life of the permit. All dredged material would be dewatered in an adjacent upland with return flow allowed to reenter the waterway as necessary, then disposed at a state-approved upland site where it would be suitably retained to prevent its reentry into any waterbody. The stated purpose of this project is to provide safe navigational depths for recreational boat access. 3 .. \ . \ HORSESHOE CO\ £. . . . - ¡, ./. . >'- /,..' . / / AlIA TO. Dl!DRDATt:3 SØI TO MAXIMUM tI!I'1M M..eJr c:a ~ II!LDW 1'YPKAL I.DW WA1D Ut<E .. (A 'f'IIIO)CIMA11!LYZOOCWKYMDSOPSAND1 ".... ¡.'y ~ ¡.,~{ '. .'- ¡. I .. ~~~~.. .J. ...,..... .....::..,?':.... I- '/- y~' . i" , I 1-\ i" I-~ of ' ... · .'~ I I I- y f)" , '. , ~ ~,. i" Aj I- . _)f.~ I f i" I- i I- "~.; I I /"'v-' .,' *' :;--,' ~ "", . ~~:..... u ....~,~ '. i" I.t y I- ~~' . ¡. .' /';.'" ,,' , C' ,," ..' -';'" / "." ,'. ,o' ¡. IED&E þ~ , ", II ~S" I " ,_ '\-0 " .~ [)¡\ .Ij' ; y- I . ! ¡ , I! " I ¡. ¡ . .. o ~ " o " " I, 0 "0 .. (~ .......~.:;.... '"*i:,...,..., EN·CONSULTANTS I"r. 1329 NORTH SEA F SOUTHM~PTON, NY. .1968 516·283-6360 . . LITTLE HOG :-IECK NASSAU POINT . k . " " 7,,')'70:> Lt!'OO"IO" Nassau. Poi.nt Notes: I) Purpooe: To restore oafe water depth5 for navigation 2) Ele>otions referonc:ed to N6VD 1929 Datum 3) Timber to be CCA-treated 4) Approximately 200 cubic yards of sand to be dredged and placed on upland spoil site 5) Project located at dredged channel of Horseshoe Cove 6) Adjacent oomers: t. Baxter 2. Harri_ 40th.... 3. Naturec..._ _ICY PROPOSED DREDGING FOR PETER IZoo AND ARNOLD BLAIR ON DREDGED CHANNEL OF HORSESHOE COVE, CUTCHOGUE, SUFFOLK CO., NY SHEET 1 OF 2 5/1/98 -"-- · In) Œ @ Œ ~ ~W,1 1Wl OCT 2 ~~ JI TOWN OF SOUTH0UJ ~ NASSAU POINT PROPERTY OWNERS ASSOCIATION CUTCHOGUE. L. I.. N. Y. 11935 P. o. BOX 346 Mr. Joseph Seebode U.S. ArmY Corps. Of Engineers New York District Jacob Javitz Federal Building New York. NY 10278-0090 October 26, 1998 Dear Mr. Seebode, I have received a copy of a letter to you, dated October II, 1998, from twO members of our Board of Directors purporting to speak on behalf of our organization. While the Board had requested these persons to send a letter to you on our behalf, the letter which you received exceeded the directive of our Board. It expressed personal opinions which were not consistent with our position. For these reasons, we hereby amend the letter of October II, 1998. This letter accurately reflects the positions of our Board regarding the dredging application under your consideration pursuant to Public Notice Number 98-070l0-L2. We do not request that the project be denied as previously stated. We believe that there are environmental concerns which need to be explored before permission for the dredging can be granted. Some of our members would like to know if marine life and their spawning grounds would be detrimentally affected by the dredging. Therefore, we request that a public hearing be held regarding the dredging application to confirm that the proposed project will not have an adverse environmental impact of Horseshoe Cove. We look forward to your response. Very Truly Yours, F. Xavier Fleming President Nassau Point Property Owners Association .' cc: Bill Jacobs Nature Conservancy NPPOA Board Members Mr. Krupski Town of South old Trustees .---- ~ - -- . . . I -" ~ ! . I . I .,~ , , . i I ~ ~ 0 ~ ~ :r " 'I'~ 0 o(~ , " 0(0 IIIi' ~~ ~i III" \ ~ en" . . g " u z ~ ~ 0 " u ~ ~ ~ , . . , ill I ill ¡ . . ~ . üi ( ~ :;! iai iii \ :;! iii PROPOSED DREDGING FOR pETER IZZO AND ARNOLD BLAl~ ON DREDGED cHANNEL OF HORSESHOE COVE, CUTCHOGUJ SUFFOLK CO., NY SHEET 2 OF 2 5/1/98 EN_r.NISlILTANTS INC. 1329 N0RTH SEA RD. SOUTHAMPTON, NY. 11968 516-283-6350