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Home My WebLink AboutTR-5881 TERMS and CONDITIONS The F.t1lÚUee Cove Beach Estates, LLC ftsi~;"6 at P.O. Box 250, Cold Spring 10516 N. Y.. as pan of the coasideradoa for the ifoo··- of the Permit dœs uødeøGød and r--+ to the fo1- 1owIøg: 1. That !be said Boatd of Trustees and the Town of Sot·d>oI" are released from my and aU damagu, or claims for cIamaps. of suks «rWøg. dhecdy or iødinc:dy IS a result of my oper- ation performed 1""'1'''''~ to chis peaait, and the Did I'.I..J..~ will, at Ids or her own eJ<I"lISC. defend any and aU tud> Illits·I..&I--' by tbltdf'udcs, and the said p.. ..!lIe<! a......... fan IiobIIity with ",pea thercco, to the CXJQ1p1ete -Anånø of the IIøud of TIII$UeS of the Town of ~" 2. ThaI chis PeaDIt is ..ud for . period of 24· IIIOS. wbk:h Js (!Qi If' .,~ to be the estimated åme required to mmpIete !be work iowlwd, but shoaId ~...... wamar, request for 1111 exœøsiOD may be made to the Boatd al a Iaœt d-. 3. ThaI chis Permit should be retaioed iodefÜlitely. or as long as !be said PamIttee wishes to m.l....in !be suuaure Dr project involved, to provide eoideoœ to aoyooe coacemod chat 1U1ch- .odzatioo was origioaI.Iy obtaIoed. 4. ThaI the work involved will be subject to !be ;..".....w. and approval of the Board or its ap>IS, and ~J._ with !be provisions of !be orIgI...tlng appliatioa, may be cause for revocatioo of chis Pemttt by resolutioo of !be said Boatd. S. That chere will be no uoreasooable Interference with navigation as a result of !be WOIk beœio auiborized. . 6. That chere sbaI1 be 110 interference with the right of !be public to pus and .. aIoag !be beId1 between bJ&b and low _ter marks. 7. That If future opentioos of !be Town of Sotoð>old reqake the remøoaI and/or aIeentioas In the 1ocatioo of !be WOIk bereio ..ø-;-'t. or If, In !be opinion 01. the Boatd of T~ the . -" sbaII cause anreasoøoId~ obstrucøDn to free navigation. !be said p..n.I- will be nqaIrecI, apoo clue noåœ, to IaDO\'e or alter chis wodt or project beœio stated ",Ichout c.¡. eel<1 to the T_ 01. Souchold. . 8. Tha, the said Board will be ooâíaed by tbe 1'etmicœe ot the <Of ~doo., of !be wad< auch- orized. 9. ThaI the Permittee will obtain aU ocber permits and ()(k.Sj'....dJat may be required ...,. pJeo-'" to chis permit wbich may be subject to rewIœ upon failure to obtaio ame. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson . . Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. c: ð ú~ ß~D-. <:- ~ INSPECTION SCHEDULE Pre-construction, hay bale line 15t day of construction Yo constructed -.Jé.. Project complete, compliance inspection. . . Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 24, 2004 Charles R. Cuddy, Esq. 445 Griffing Ave. P.O. Box 1547 Riverhead, NY 11901 RE: COVE BEACH ESTATES, LLC ROUTE 25, EAST MARION SCTM#22-3-9.1,18.1,18.7 & 18.8 Dear Mr. Cuddy: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 24, 2004 regarding the above matter: WHEREAS, Charles R. Cuddy, Esq. on behalf of COVE BEACH ESTATES, LLC applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated March 4, 2004 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 March 24, 2004, 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, 2 . . WHEREAS, the structure complies with the standards set forth in Chapter 97 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 approve the application of COVE BEACH ESTATES, LLC to improve the existing roadway, as depicted on the site plan prepared by Howard W. Young last dated October 31,2003. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, J~.~ 9· ~.t}, Albert J. Krupski, Jr. President, Board of Trustees AJKllms . . Albert J. Krupski, President James King, Vice·President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTH OLD TO: f~ ð?oc h eJrto.b.1L1, 1-L...~ Please be advised that your application dated 3 L if I 'fff1 reviewed by this Board at the regular meeting of 2,/ri. rH following action was taken: has been and the ~PPlication Approved (see below) L-) Application Denied (see below) L-) Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in the instruction sheet. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: D(ncJ ((\þ~Cl~ - ðSQ,QO f(j ~ /!! ';" UI 9:ß- ;:) 0"·"'" I!: 5 §~ ~ of~ :3=(1) . O "z F t-~~.Ö or 0:0 U.;Z .c O~~g C~~(f.) ~ :¡¡ g ~ CASH RECEIPT ,_ Dille /. hu ,') ~ Ii J¡)~ (J .' OLio 91:> .... ..... Received From ;1/ r:- ¡ Addreea ,) , , ,{ L'la ,- Dollars $ ..) t~ ~ AMT PAID ;. BALANCE DUE By ."" A.'J';, j .. u, (/ e " '~1 R3 DECP~M.JMB!R 1-4738-03150100001 FA.CI\JTY1f"F«J5RAMN1./MSER(I) NGW VORK STATE OEPARiMENTOI'2N"~ÞL~"'''CW c ~t\rEQ,A.T¡; Decembêr 19,2003 ÐCPIRA.TION DATE PERMIT Under Ole Environmental ConservatiQR Law (ECL) December 15, 2013 "TYF'e OF F'ERMIT (Cne?<AlI [j""ble Boxes) DPerm~ to Con$!ruct o Permit to 0 erate o New Renewal Medilication 0 Artiç11l15. T;U~ 5: 0 Afaete t7", Titles 7, 8; o Article 27, Title 9: BNYCRR 373: Protection of Wii!lter SPCES HlZardouI Wssts Manage~rn 0 ArtiCle 1S. ¡Itle 15: 0 Arti¡:e 1~: o ArtiCle 34: Wewr Sl,Ipply Air Pollulion Control Coos!", El1>OfOn MaI!~.nt 0 Article 15, TitJ.15: 0 Ar:Uç.I~ 23, ,.IU;= 27: o An1<le 36: Wolter TfUrrsport MIned .I.snd Rec~mstlon Floodplein Manege-men! 0 ArtldQ' 15, Tm6 15: 0 ArtiCle 24: D _1,3,'7C'9,27,37:6NYCRR Long l.!lhimd WO!lg Fraahwater WeUanœ Iso: Rtldiarion cntre 0 ArfiCIÐ 15, Title 27: 0 Anicle 28: o~.~ I ¡ Wild, S'cen!c & Recreational Rivet's Ti<1al Wetlands ,. 0 ~NYCRR 60B; 0 ArUr;:1e 27, TItJe: 7; ONYCRR ~eo: WeIer Quality C~rIlfi~Uon . Solid We:llte Management ~ISSU!OTO 'rELEPHONE NUYJGR Cove Beech Estates, LLC C/o Inlerpool. Inc. (212) 916-3261 A[X~OfI'£RMITT~ 633 Third Ave. 17th Roor New York, N,y. 10017 C:ONTACr PERSON FORPI:~Mrrn;oWORK .........."........... En20 Mor"btto- OQugles Elliman Real.E<stata PO Box 1145 $outhold, N. y, 119,1 I (531) 765-5005 NAMEANDADOR;$S;QÇ~A4;ILn'y cove Beach Estates, LLC Propert.y Nerth side of Main Rd, appro", 1000' east of Kayleiflhs Ct. East Marion lOCI'.TION' OF- PROJECTrFAcn.m SCTM# 1000-22-3-9.1, p/o 1a.1,1B.7 & 18,8 COUNTY TCI\>,h /"&'""""'"'""""'""'"""". NYYM~iÐì Suffolk South old Lon¡¡ Island Sound / Dam Pend E.:723.7 N: 4557.3 OeSCIIIIFT1DN ~ AVT1iO~AC'I'MlY Subdivide a 104,4 acre parcel inle 12 residenUal lots and two open space reserve aI1!a$. Construct a paved access road with aubsurfece ct"':""9<> .y.tem, The authorZe< actiVities shall be as shown on the enClOSed, rour sheet "Map of Cove Beach Estates" dated 9J2.2/03, las! revised 10131103, and the five Sheet "Final Road & Drninage Plan' daled 5123103, last revised 10131/03. All drawings are stamped "NYSDEC ApProved 12/19103', By acceptance of this permIT, the pelTl1lt1ee agrees that the p"rmITls contin~"nt upon $!rlct compliance With the EeL, all applicable regulatlcns, the General Cendilions specified (See Page 2) and any Special Cenditlons included as part of \hi. permit. MiRMtT AOUlNts"IWITOR. Geo'll" W. Hammerth AiJT1-IORamC\ÇNA,tuRe: , ,# J? ß~ rk.~-rI'~ _e NYSDeC R1 DEI' SUNY Building 40 Stony Brook, N.Y. 11790-2356 .", f.?k-Ab Page 1 of 4 - NEW YORK sTAlE DEPARTMENT O~ I;NVlRONMENTAL CON5ERVATION SPECIAL CONDITIONS . .. th tì JJ win" language as a notice covcnsnt to the deed of the 104.4 acre ~cel and each lot 1. The permittee .ball mcoxporaœ e 0 0 ~ .' . cre.ted by the subdivision of 1his parcel authonzed under this peIIDII. . . F eshwater Wet1and Sy9tem # 0-1 ond regulated tidal wetlands ...ocia.ted with "Regulated fu:sIIwa~~~d;n~:~::~: ~e 104.4 acre parcel located west ofDamPondmd south of Long Island Sound Long1slandSowW th ç :B chEstatesSubdivision, sCTM# 1000-22-3-1ots 9.I,p/o 18.1,18.7,18,8, in EastManou, Town ofSoutholdkIIDWn as e ove ea. .......,. ~M'tv' sub{ect: to theprovi.ioos of f Co :B h Estates, LLC ond their heixs SS$lgns or ,uccessors. u"'" }!~V}!"., '" J the propenie.: .oç ve ~ae Law (ECL) Article! 24 and is and the conduct of regulated activities JJ1AY occur only pursuW to EnVlronmen:.... onserva~on . , WCo tian(NYSDEC) J>ÇL Articles 24 and 25 if prior approval is given by the NcwYork State Department of~Vtt~, ns~. ._ or ilS successor;(s). Regulaœdactivities jµclude, but ale not limited to clearing ofvegeta.tion; appbcattonof chenncaJ:;, excavaë,o¡¡, gradIDg and filling; and erectioi. of any structure(s)." 1'hi.s d.ed covenant shall be recorded with the Cle:rk of Suffolk County wIthin 90 ~ys of the i!""""ce, of tW< permit. A; ~y of the covenanted deed 01 other acceptable proof of record, along with tllo D:U:DJbcr MS1gned ~ tIri$ pe=\, .haJ1 be sent within ~ calendar year of the issuance oftbis pemüt to: NYSDEC, R.egioualManager Bureau of HabItat, and Regio;na1 Manager ofMllIDle Habitat Protection SUNY Buildjng 40, SfímY Brook, New Y oIk 11790-2356. ;2. There shall be 110 directing of overflow ftorn theaccess road dtaIDage 'ysl<>tO. to the regulatod freshwater wetland..... or its 100 foot regulawd adjacent area Ioca~ on Open Sp... Parcel :S. . 3. Any work, d,ismrbance, and storage of consttuclÏon mat.rial, .\uùl be conf'lI1ed to within tho "Limit of Clearin¡;¡ ond Ground Di,¡urbaJI.Ce" as shown on the appraved plan. 4. An area¡; of soil distrrrbance resulting ftom tlill project: shall ~ seeded with an appropriate perenniJù. grass, and wnlched with ,traw immediately upon ""mpletion of the projoct, wi1bin two (2) days of final grading, or by the expiration of tlte penoit, whicbev¡:¡: is Iim. lVIulch shall be maintained unr:il a suitable vegemtive cover is eStablished. IT seeding is j¡np1;act:icable duo to the rime of year, a IE:r>Jpora:ry DD1lch shan be applied and final seeding sbaI1 be performed as soan as weather conditions favor germinatían ond growth. 5. Suituble vegetative cover is æ;iïnod. .. a minimum of &5 % area vegetative cover witlt çontigttous unvegetated arou tIÞ 1arg¡rr than 1 square foot in ,ize. 6. All equiplU01lt aDd machñrery shall be stored and .afely conbrined greater than 100 Ceet la"dwæd of the regu1s.ted wetltnd or water body at the end of each WOIkday: This win serve to avoid me inadvertent leakage of deleterious substance.<; into the regulated area. Fuel or other chemical slmage t2nks ,hall b. co_ed and locared at all times in "'" area greater that1100 fèeI Jandward of the rngulated wetJJmd or water bW,y, IT tho above requir=nt cannot be met by the pem.i.ttee, then tho st=ge "'""" =t be designed to completr:lyconttin any ondaU p<Xent:ial1eakage, SUch a eontainment sysIemlmISt be a¡>pIovedby NYSDEÇ st>Hprlor to equipmt:¡rt, machinery or tank storage wilhln 100 reet oftlte regulated wetland or water body. 7. All fill shall consist of cle.an soil, sand and/or gravel that is!!:ee of the foJJow.Wg S11bsrances; aspbalt, slag, flyeah, bIOken . con.crete, demolition debris, garbage, hoUSehOld rel'llse, lites, woodymaterla1s inc1udlngtrl!e or landscape debris, :mdtœ13lobjeœ;. The introduction of JD.ateriøls to:ð.ic: to $lqwrtic life js eçl'~ss1y prQhibited. 8. Any demolition doOm, excess conG1rUction materiols, and/or exc... "",cav.red materials sb.s1l be inmIed.iatc1y >Ild colnpletoly disposed of on on approved up1aI>:lsite moxa 1hIII11 00 feetftomanyregu}ated fteshwaterwet1.and. These materials shall be suitably stabilized so as not to Ie-enter any water body, wetland, or weñand adjacent area. 9. Prior to cormnt¡>cO!ne:1t of an~' constructian activities, a c<mW».tous row of straw bales shal1 be staked end to end along the lan~w,,:,d edge of the "lixnit of cl_¡;, grad;ng & ground disturbance" line as shown on the approved pi""". 'The bales shall be rn.a.tnt3.med, repaired and replaced as often as necessary 10 ensure proper function, nntil all disturbed "-" '= p===tly vegetated. The a~ ""efù1líf. of.. bale is approximately 3-4 months. Sediments....pped by the bal.. sha11 bo removed to "'" :,pproved upland loçanon before 'the bales themselves are removed. 10. Straw bale! shan be rec.,.«I two to four inches into tire ground. t D~PSB.MrrNUMIŒR 1-4738-03150 I 00001 I I PAGE2OF4 - NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONS5RVATlON NOTIFICATION OF OTHER P~RMITTEE OBUGAT/ONS Item A: Pennittee Accepts Leg¡¡I'Responsibility and Ägree1l fa Indemnif"lCsUDn Th.. permittee expres\!ly "grees to Indemnify and hOld harm/es\! th.. Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for ail claims, suits, actions, and damages, to the extent attributable to the permittee's undertaking of activitíes or operation and maintenance Of the facility or facilities authorized by the permit in COmpliance or non compliance with the lerms and conditions of the permk. This indemnification does not extend to any claims, suits, actiOns, Ordamag8$ to the extent atlributable to DEC's own negligent eets. Item B: Permittee's Conhctors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agent. and as\!igns 01 their responsibility to comply witn this permit, Including all special conditions While acting a" the permittee's agent With respect to the permitted activities. and such persons shall be SUbject to the same sanctions for violations Of the EnVironmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permil$ The permittee is responsible for obtaining any other permits, apprOVals, Jands, easements and rjghts-<>f-way that may be required to carry out the ac:tiviUes th¡¡¡t are ¡¡¡ulhori'1:ed by thJ" permil. Item D: No Right to Trespass or Interrere with Riparian R.ights This permit does not convey to the permIttee any right to trespass upon the lands Or ¡ntortere with the riparian rights of olhers in order to perform the permitted work nor does Ì\ authorize the Impairment of any rlghls, tille, or interest In real or personai property held Or vested in a person nol a party to the permit. GeNERAL CONDITIONS General Condition 1: Facility Inspeçtion by the Department The permitted site or facility, including relevant records, is SUbject to Inspection at l'eall<'Jnable hour" and intervals by an author!':ed representative of the Department of Environmental Conservation (the Department) to determIne whether the penninee is complying with this permit and the ECL. Such representative may Ol'(fer the work Suspendea pursuant to ECL 71-0301 and SAPA 401 (3). . The permiltee shall provide a person to accompany the Department's representative durfng an inspection to the permi! area when requested by the Department. A copy of lhls permi!, Including all referenced maps, drawings and special condltJon\!, must be available for inspec~on by the Dep'lrtment at aU times at the project sile or facility. Failure to produce a copy of the parmi! upon reque.rl by a Department representative is a violation of this permit. General Condit/on 2: Relationship of this Permit to Other Department Ordel'$ and Detormínatlons Unless expresSly provided 'for by the Department, issuance of this permil does not modify, sUpersede or rescind any order or determination previously issued by the Department or any af the terms, conditions or requirements contained in such ordBr or determination. DEC PERMIT NUMBER General CondlUon 3: Applications for Pennit Renewals or Modiftr::ations The permittee must submit a separate written application to the Department for renawal, modification or Ir>In\!fer af this permit. Such application must ¡"ofude any forms or supplemental information the Department reqUires. Any renewal. modification or transfer granted by the Department must be In writing. The permittê.e must submit a rgnO'NQ1 application at least a) 180 days before eXpiration of perrnft$ for Stale POllutant DiI1charge Elimination System (SPDES), H~ous Waste Management Facifities (HWMF), major Air Pollution Control (APe) and Solid Waste Management Facilities (SWMF); and b) 30 d"y\! before eXpiration of all other perm~ type\!, Submission of applications for permit renewal or modification are 10 be submilted to: . NYSDEC Regional Permit Administrator, Region 1 SUNY BUilding 40 Stony Brook, NY 11790~2356 Telephone: (631) 444-0365 General Condition 4: Permit. Modifications, Suspensions Bl1d ReVOClltiona by the Department The Department reserves the right 10 modify, suspend Dr revoke this permit in aocordance wíJh 6 NYCRR Part 621. The gro,mds fur modi!lcation, SUSpension or revocation Include: a) materially false or inli\ccurate statements in the permit applicaljon or supporting papers; b) failure by the permitté. to comply With My terms or conditions 01 the permit; c) exceeding the scope of th.. project as described in the permitapplicatlon: d) newiy discovered material information or a matenal change In environmental conditions, relevant technology or applicable law or regulations since !he i\!suance 01 ths existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the EnVironmental Conservation Law or regulations of the Department related to the permitted activity, 1-4738-03150/00001 I I PAGE L OF-!.. - 'New YORKSTATE DEPARTMENT OF ENVIRONMENTIII- CONßERV"TION ADDITIONAL GENERAl CONDITIONS FOR ARTICLES 15 (TITLE $), 24, 25, 34 AND 6NYCRR PART 608 ( TIDAL WETLANDS) 1. If fulure operations by the stale of New York requlr.e an alteration In the position of the Structure or work herein authorized, or If, in the opinion of the Department of Environmental Con$elVation It shall cause unreasonable obstrUction to the free navigal/on of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause 108$ or destruction of the natural rê$OllfCêS of the State, the owner may be ordered by the Department to remove oralterthe strUctural work, obstructions, or hazard$caused therebywKhout expense to the State, and if, upon the expiration or revocation of this permit, the Structure, fill, excavation. or other mOdification of the walercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such exteI1t and in such time and manner as the Departmentof Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former conc1ition the navlg:oble and flood capacity of the watercourse. No "'aim shan be made against th" State of New York on eccount of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage Or Injury to the structure or work herein authoriz:ed which may be caused by or result from future operations undertaken by the state for the COnsslVation 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 th8 responsibility of obtaining any other permission, conaent Or approval from the U,s. Anny Corps of Enginool'$, U.S. Coast Guard, New York State Office of General Services or local government which may be required. . 4. All necessary precaution~ shall be taken to preclude contami~aUon of_any weiland or waterway by suspended soiids, sediments, fuels, solvents, lubricants, epoxy COatings, palOts, concrete, leechate or any other environmentally deleterious materials associated with the proJeot. 5, Any material dredged in' the conduct Of tile 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 \x) 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 thia perm~. the project hereby authortzed has not been completed, the applicant shall, Without expens,"10 the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove ~I or any portion of the uncompleted structure or fill and restore the s~e to its former cOndition. No ciaim shall be made against Itte State of New York on account of any such removal or aUeration. 8. If granted under 6NYCRR Part 608, !he NYS Department of EnvironmelJtal ConselVation h&reby œrtifies thet!he subjact project will not COntravene effluent limitations or other limitatiOns or standards under Seçtions 301, 302, 303,306 and 307 of the Clean Water Act of 1977 (Pt. 95-217) provided that all of the conditions listed herein are met. 9. At leaat 48 hours prior to commencement of the proJec~ the permittee and cóntractor shall aign and return the top portion of the encfosed notification form certifying that they are fully aware of and Understand all terms and conditions of this permit. Within 30 days of completion Of project, the bottom portion of the form must also be signed and returned. along with Photographs of the completed work and, if required, a survey. 10. All activities authorized by this permit must be In strict conformance with the approved pl'ms submitted by the applicant or his agent as part of the permit application. Dee PERMIT NUM8E1\ 1-4738-03150 I 00001 I 1 ÞAGE4 OF 4 FAX NO. . Mar, 03 2003 03:45AM PB FROM : NYSDEC Bureau of Habitat SUNY, Bldg. 40 Stony Break. NY 11790-2356 Commencement Notice ~ ....... 1- ~JcP-03/""/ðoOOI Issued To: C'.ou~ 1k=.J¡ ,E;s'kf6~ Contractor's Name: Contractor's Address: Permit No: Contractor's Fhone No.: To whom it may conœm~ Pursuent to the above referenced permit you are hereby notified that the authorized actMty shall commence on The permit sign wm be posted at the site and copy of permit will be avaihable at site for Inspection. _ Submitted by: This notice must be sent at ieast 2 days in advance Of commooCt!!ment of the project. Failure 10 notny or post will leave owner andlor contractor subjeot to apprrcable penames for non-rompllanœ with panni! conditions. Cut along this line ~ .~ II .. - NYSDEC Bureau of Ha6ital SUNY, Bldg. # 40 Stony Brook, NY 11790-2356 Completion Notice e ........ Permit No: 1- t'!J"-~/.iê7/~ J '..sued To: Cove. Ik-:-I,' jis~ Contractor's Name: Contractor's Address: Contractor's' Phone No.: To whom it may concern: Fursuant to the above referencéct permit you are hereby riotmed that the authorized activity was completed on Submitted by: This notice, wIth photos of completed work and/or completed survey, must be sent to above addr6$s promptly upon COmpletion of project. P:1iIure [0 notify wiUleave owner and/or COUtl'3.cto[' snbjeet to .:Lpplicablc penalries fot noo-c.ompliance:- with p~rmk conditioßl. . . Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 1197 L -0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Monday, March 22, 2004, the following recommendation was made: Moved by Tom Schlichter, seconded by Nicholas Dickerson, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH A CONDITION of the Wetland Permit application of COVE BEACH ESTATES, LLC to improve the existing roadway. Located: N/s of Route 25, East Marion. SCTM#22-3-9.1, 18.1, 18.7 & 18.8 The CAC recommends Approval of the application with the Condition hay bales are placed down around the ponds before the project begins. Vote of Council: Ayes: All Motion Carried ------ n . . Albert J. Krupski, President J am~B King, Vice-President . I Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 17. 2004 Charles R. Cuddy, Esq. 445 Griffing Ave. P,O. Box 1547 Riverhead, NY 11901 RE: Cove Beach Estates, LLC SCTM#22-3-9.1,18.1,18.7&18.8 Dear Mr. Cuddy: The Southold Town Board of Trustees reviewed the site plan prepared by Thomas C, Wolpert last dated October 31, 2003 and determined certain areas of the final road and drainage plan to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions ¡;Ire taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. If you have any further qu~stions. please do not hesitate to call. . 2 . - ... Sincerely, JI~.$ 9- ~.~. Albert J. Krupski, Jr., President Board of Trustees AJK:lms cc: Daren Pfennig . tr +~Z ~ N i u N . 0 ----- 0 I ~ . . ¡ i! I ¡! ,~ ¡¡J , ~ .~ ' I f1 , ~ I· ,j !I! / j ! ¡ I ml !!III / ) / I / / / / / I / / /" / / P ! / / / I; <; / ¡j !;~ II i ¡¡IIII :~ Jjj~ iiiii ..0' ii:¡: "'11 III II I . . . . .!! !! iiiii J!'!I 1 III! dB i@!1 I II I, II III, - I 115011 , I , ¡ j I!I: + Ilil ~,. ,.. III ; d, :J Ii III i ..." .''''.''-'''-'.'' ,.... '.., .~' '.;; .~_ ¡dl... .---¡..,'!"""'.' "\"t'W~_~.... ,;.:>!}~- New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook. New York 11790-2356 Phone: (631) 444-0365 . FAX: (631) 444-0360 Webslte: www.dec.state.ny.us ~ ..... ~ Erio M. Crorty Commissioner Cove Beach Estates, LLC c/o Interpool, Inc. 633 Third Ave. 17th Floor New York, N.Y. 10017 December 19, 2003 Re: Permit #1-4738-03150/ OOOalCove Beach Estates Subdivision Dear Pennittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, pJease contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, ~(/~.~..~y¡¿ cc: BMHP BOH File George W. Hamrnarth Deputy Regional Permit Administrator 95-2.~1tV9O)-~cR3 DEC PERMIT NUMBER N!:.W YORK STATE DEPARTMENT OF EN'IIR.ONUE;;Nl)U CONSERVATION 1-4738-03150100001 ~ EFFSCTNEQATE December 19,2003 FAClllTYIPROGRAM NUMQER(s) IiJ(PIRATION DATE PERMIT Under the Environmental Conservation laW' (ECL) December 15. 2013 TYPE OF PERMIT (Ch.~kAII Applicable Boxes) OPermit to Construct o New 0 Renewal 0 Modificalion 0 Article 15, Title 5: 0 ArUcle 17, Titles 7, 6: Prolection of Water SPDES 0 Article 15, Title 16: 0 Arficle 19: Water Supply Air Poilu lion Control 0 Article 15, Title 15: 0 Article 23, TltI~ 27: Water Trao$port Mined Land Rec!s;ms1Ïon 0 Ar[iClé 15, Title 15: 0 Article 24: long 1.!I19nd Wall.!l Freshwater Wetlands 0 Article 15, Title 27: 0 Anlcle 25: Wild, Scenic & Recreational Rivers Tidal Wettands 0 6NYCRR 606: 0 Article 27, TfUe 7; 6NYCRR 360: Water Quality Certification Solid Wa.ate M.¡msgement o Permit to Operate O Article 27, Title 9: 6NYCRR 373: Hazardous Was!e Management O Article 34~ Coastal !;rosion Management O Arttcle 36: Floodplain Management O Articles 1.3.17,19,27.37: 6NYCRR 380: Radiation Conuol PERMIT ISSUED TO TELEPHONE NUMBER Cove Beach Estates, LLC clo Interpool. Inc. (212) 916-3261 AOOREsa OF P15.RMmEI: 633 Third Ave. 17th Floor New York, N.Y. 10017 CONTACT PERSON FOR PERMITTED WORK TELE~HON' NI,¡MSER Enzo Morablto- Douglas EUiman Real Estate PO Box 1145 Southold, N,Y. 11971 (631) 765-5005 NAME AND ADDRESS oç PFlOJ¡;:Cl'/F"ACILITY Cove Beach Estates, LLC Proper1;y North side of Main Rd. approx. 1000' east of Kayleir¡hs C1. East Marion LOC,ð,TlON OF PROJECTIFACrllTY SCTM# 1000-22-3-9.1, plo 13.1.18.7 & 18.8 COUNTY T""" wA'teI\COVR;SEfWETlAND NO NYrM COORDINA~S Suffolk I South old Lon~ Island Sound I Dam Pond E: 723.7 N; 4557.3 DËSCRIPTION OF' AUTHORIZeD ACTIVITY Subdivide a 104.4 acre parcel into 12 residential lots and two open space reserve areas. Construct a paved access roa.d with subsurface drain~ge. :SY:5tem, The authorized aGtivities shall be as shown on the enclosed, four sheet "Map of Cove Beach Estates" dated 9/22/03. last revisad 10/31103, and the five slleet "Final Road & Drainage Plan" dated 5/23103, last revised 10/31103 All drawings are stamped "NYSDEC Approved 12/19/03". Oth." l ----..-----_..___J 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 specJfied (See Page 2) end any Special Conditions included as part of this permit. P!;;RMIT .oI.DMtNISTRATOR. George W. Hammarth I.ADtJRES3 NYSDEC R1 DEP SUNY Building 40 Stony Brook, N.Y. 11790-2356 AUTI-IOR~~G:NA.."rVRE ~ ~ '~,ß -1I~1.c:..."'< , , Ceo t?k~ Page 1 of4 NEW YOR~ STATE DEPARTMENT O~ eNVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. The permittee shaU incmporate the following language as a notice covenant to the deed of the 104.4 acre parcel and each lot created by the subdivision ofthi~ parcel authorized under this permit: "Regulated freshwater wetlands associated witll Freshwater Wetland System # 0-1 and regulated tidal wetland.. associated with Long Island Sound and Dam Pond are located On the 104.4 acre pareellocated west of Dam Pond and south of Long Island Sound in East Marion, Town of South old known as the Cove Beach Estates Subdivision, SCTM# 1000-22-3-1018 9.l,p/o 18.1, 18.7, 18.8, the properties of Cove Beach Estales, LLC and their heirs, assigns or successors. TIús property is subject to the provisions of Enyironmental Conservation Law (ECL) Articles 24 and 25, and the conduct of regulated activities may occur only pursuant to ECL Articles 24 and 25 if prior approval is given by the New York State Department of Environmental Conservation (NYSDEC) Or its successor(s) Regillated activities include, but are not limited to clearing of vegetation; application of chemicals; excavation; grading and filling; and erectio" ofany structure(s)." T\¡is deed covenant shall be recorded with the Clerk of Suffolk County within 90 days of the issuance of this permit. A copy of the covenanted deed or other acceptablc proof of record, along with the numbor assigned to this permit, shall be sent within one calendar year of the issuance Oftllis permit to: NYSDEC, Regional Manager Bureau of Habitat, and Regional Manager of Marine Habitat Protection SUNY Building 40, Stony Brook, New York 11790-2356. 2. There shan be no directing of overflow from the access road drainage system to the regulatcd freshwater weiland area or its 100 foot regulated adjacent area 10ca:ed on Open Space Parcel B. 3. Any work, disturbance, and storage of constroction materials shall be confined to within the "Limit of Clearing and Ground Disturbance" as shown ou the approved plan. 4. All areas of soil disturbance resillting from this project shaU be seeded with an appropriate perelmial grass, and mulched with straw innnedialely UpOll completion of the project, within two (2) days of Ïmal grading, or by thc expiration of the pennit, whichever is first. Millch shall be maintained u,nril a suitable vegetative cover is established. If seeding is impracticable due to Ille time of year, a temporary mnlc.h shall be applied and fmal seeding shall be performed as soon as weather conditions favor gemlitlation and growth. 5. Suitable vegerative cover is de.fmed as a minimum of 85 % area vegetative cover with contiguous unvegetated areas no larger than 1 square foot in size. 6. All equipment and machinery shall be stored and safely contained greater than 100 feet landward of the regulated wetland or water body at the end of each w<lrk day. This will serve to avoid the inadvertent leakage of deleterious substances into the regulated area. Fuel or other chemical storage tanks shall be contained and located at all tinu!s in an arca greater than 100 feet landward of the regulated weiland or water body. If the above requirement callDot be met by the pemrittee, then the storage areas ItnJSt be designed to completely contain any and an potential leakage. Such a containment systemUJllSt be approved by NYSDEC staffprior to equipment, machinery or tank storage within 100 feet of the regillated weiland or water body. 7. All fill shall consist of clean soil, sand and/or gravel that is free of the following substances: asphalt, slag, flyash, broken concrete, demolition debris, garbage, household refuse, tires, woodymaœrials including tree Orlandscape debris, and metal objects. The introduction of materials toxic to aquatic lif. is expressly prohibited. 8. Any demolition debris, excess construction materials, and/or excess excavated w.ateriaI.s shall be innnediareJy and completely disposed of onan approved upland site more than 100 feetfromanyregulated Iteshwater wetland. These materials shall be suitably stabilized so as not to re-enœr aoy water body, wetland, or wetland adjacent area. 9. Prior to commencement of any construction activities, a continuous row of straw bales shall be staked end to end along the landward edge of the "lintit of clearing, grading & ground disturbance" line as shown on the approved plans. The bales shall be maiutained, rcpai1:ed and replaced as often as necessary to ensure proper function, lmtil all disturb~d arC83 are p~rma.ncnt1y vegetated. The average useful life of a bale is approximately 3-4 months. Sediments trapped by the bale3 shall be removed to an approved upland location before the bales themselves are removed. 10. Strft\V bales shall be reccss~d two to four inches into the ground. ~ DEC PER!vU1' NU~mE.R 1-4738-03150/00001 I PAGE20F4 ". NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONS¡;RVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permiltee expressly agrees to Indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attribulable 10 the permittee's undertaking of activities or operation and maintenance of the facility or facilities authorized by the permit in compliance or non compliance with the terms and conditions of the permit. ,This indemnification does not extend to any claims, suits, actions, or damages to lhe extent altributable to DEC's own negligent acts. Item S: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply wittl this pennit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for tile 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 to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Ripar,an Rights This permit does not convey to tl18 permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, tille, or interest in real or personal property held or vested in a person not a party 10 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 whetller the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA401(3). The permittee shall provide a person to accompany the Department's representative during an inspection 10 the permit area when requested by the Department. 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 or facility, Faiiure 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 slIch order or determination. General Condition 3: Applications for Permit Renewals or Modifications The pemlittee 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 trahsfer granted by the Department must be in writing. The permittee must submit a r"n"wal 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 submilted to: NYSDEC Regional Permit Administrator, Region 1 SUNY Building 40 Stony Brook, NY. 11790-2356 Telephone: (631) 444-0365 General Condition 4: Permit Modifications, SuspensIons and Revocations by the Department The Department reserVes the right to modify, suspend or revoke this permit in accordance wilh 6 NYCRR Part 621, The groLlI1ds for modification, suspension or revocation include: a) materially false or in'jccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms 01' conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newiy discovered maieriallnformation or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously Issued permit conditions, orders of the commissioner, any provisions of the Envir'onmental Conservation Law or regulations of the Department related to the permitted activily. DEC PERMIT 1-4738-03150/00001 I I PAGE ". OF 4 NUMBER ~ _ NEW YORK STATE DEPARTMENT OF ENVIRONMENTAl CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration In the position of lhe 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, fill, excavation, or other modification 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 fiil and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the Stale of New York on account of any such removal or alteration. 2. The State of New York shail in no case be liable for any damage or Injury to the structure or work herein autllOrized 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 permil does not relieve the applicant of the responsibility of obtaining any olher permission, consent or approval from tile 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 nacessary precaution'3 shall be taken to preclude contamination of any wetland or walerway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious malerials associated with the project. 5. Any material dredged in the conduct 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 lendency 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 expiralion or revocation of this permit. the project hereby authorized has not been completed, the applicant shall, wilhout expense to lhe 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 limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Cleen Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 9. At leasl48 hours prior to commencement of the project, the permittee and conlractor shall sign and return the top portion of the enclosed notification form certifying that they are fUlly aware of and understand ali terms and conditions of lhis permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 10. All activities authorized by this permit must be In strict conformance with the approved plans submilled by the applicant or his agent as part of the permit application. DËC PERMIT NUMBER. 1-4738-03150 I 00001 I I PAGE 4 OF 4 NYSDEC Bureau of Habitat SUNY, Bldg. 40 Stony Brook, NY 11790-2356 Commencement Notice ~ - - ~ Permit No: Issued To: Contractor's Name: Contractor's Address: 1- 9.1JJ1-03Þ'l?/ðoðO/ Cou"t Bead¡ þskf...~ Contractor's Phone No.: To whom it may concern: Pursuant to the above referenced permit you are hereby notified that the authorized activity shall commence on The permit sign wiN be posted at the site and copy of permit will be available at site for inspection. Submitted by: This notice must be sent at ieast 2 days in advance of commencement of the project. Failure to notifY or post will leave owner and/or contractor subject to applicable penames for non-compliance wilh permit conditions. Cut along this líne ' ... ..n~_I!"'1 '. .~~___6""Ir' I. !I__ NYSDEC Bureau of Hapitat SUNY, Bldg. # 40 Stony Brook, NY 11790-2356 Completion Notice ~ - - ~ Permit No: Issued To: Contractor's Name: Controctor's Address: 1- YfJJ'-aJ/.fVfoo / Cou e. ßeo..c:.1, f;:;:f..,.;- Contractor's Phone No,: To whom it may COnCern: Pursuant to the above referencéd permit you are hereby notified that the authorized activity was completed on Submitted by: This notice, with photos of completed work and/or completed survey, must be sent to above address promptly upon completion of project. Failure: [0 notify willl!:3ve owner and/or comraCmt subje.ct to .:I.pplicablc penalÜes for non-compliance with permir condirions. RETURN THIS FORM TO: COMPLIANCE Marine Habitat Protection NYSDEC Building 40 - SUNY S:ony Brook, NY 11790-2356 ~ ..... - NOTICE OF COMMENCEMENT OF CONSTRUCTION OR FAX TO: (631' 444-0297 PERMIT NUMBER: -y?Þ-o 3/~(:ì/qsco..2. ISSUED TO: Cove. p~ ßs~ ~~ ¿.¿c PROJECT LOCATION/ADDRESS: CONTRACTOR NAME: ADDRESS: TELEPHONE' Dear Sir: Pursuant to Supplementary Special Condltioll D of the referenced permit, you are hereby notified that the 8Llthorized activity shall COIllJllenCe on _ We certify that we have read the referenced permit and approved plans and funy understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the pennlt and as depicted on the approved plans. We can do 50 in full compliance with all plan notes and permit conditions. The pemlit sign, permit and approved plans will be available at the site for InspecUon in accordance with general Condition NO.1. (Both signatures required) PERMITEE DATE COI~TRACTOR DATE Tl-IIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST nvo DA YS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANY ASSOc;lA TED REGULA TED ACTIVITIES. FAILURE TO RETURN THIS NOTICE. POST THE PERMIT SIGN, OR I-fA VE THE PERMlr AND APPROVED PLANS A VA/LABLE A T THE WORK SITE FOR THE DURA TION OF THË PROJECT MA Y SUBJECT TI-IE PERMITTËE AND/OR CONr~A.CTOR TO APPLICABLE SANCTIONS AND PENA/~ TIES FOR NON- COMPLIANCE WITH PERMIT CONDI nONS. 9.~t a.I.o."~ t";.~.!i.o."'-.;-:"............ ..... .. . "~õTïCE"ÖJ:''i:;ÕiVrpi.ëriõi,:rÕ-iq;õÑ's''fRÜ¡;'fiÖÑ'''' . .. .......::::.......on~... .. C9MPLlANCE _ _ R.ETURN THIS FORM TO· Marine Habitat Protection . ... NYSDEC Building 40 - SUNY Stony Brook, NY 11790-2356 PERMIT NUMBER: 1-i":í'.Y"-o3/.:ro/é>c)c=¿ ISSUED TO: OR FAX TO: (631' 444-0297 Cov'e.. B..=. ¡:=;,. ,./ ~ PROJECT LOCATION/ADDRESS: :::ONTRACTOR NAME: ADDRESS: TELEPHONE' :)~ar 3ir: ;)ursual1t to Supplen10ntary SpecIal CondItIon D of the referenced permit, you are hereby notified that the authorized ~cUvly was COfTlpleted on 'Ve have fully complied wIth the terms and conditions of the permit and approved plans. 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J.- ,,_ ._ '- Q) Q)-o'Otcc tV .... 0) 0'- 5 ..... CtI'-- ~ ..0 '" E 0 Q E Ct:!o..Eo CD .... ..... Q) Q) "0 r- ::::> c::: .c.<1>0<1>0«- z a I- Q._ ..... (J) ..... ." :!:: tti D I E .... .F:" C. ~ '- s (]) x ~ [L IJJ . ~ '" . . Albert J. Krupski, President James King, Vice~President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only """'¿:oastal Erosion Pennit Application _Wetland Pennil Application - Major Minor WawedAnren~D e A.eceived Application: 0 .-tŒceived Fee:S -~omplcted Application _Incomplete _SEQRA Classification: Type I_Type ll_UnIisted_ ..L. CAC Referral Sent: _.-rmc oflnspection: _Receipt of CAC Report: Southold Town _Lead Agency Determination: _ Board of Trust.., Technical Review: --,,"ublic Hearing Held: ~Jay loCI Resolution: Name of Applicant Cove Beach Estates, LLC Address P.O. Box 250. Cold Spring. NY IOoli> Phone Number:( ) (845) 265-7996 Suffolk County Tax Map Number: 1000 - 22-1-9.1. 18.1. 18.7 & 18 8 ~ 9t:t"~\s~' Property Location: North side of NYS Route 25 in East Narion. 1000' of east of Kayleigh's Court in East Marion (provide LILCO Pole #, distance to cross streets, and location) AGENT: Charles R. Cuddy. Esq. (If applicable) Riverhead. NY 11901 Phone: (631) 369-8200 Address: 445 Griffing Ave., P.O. Box 1547 . . Board of Trustees Application GENERAL DATA Land Area (in square feet): 104. 40 a~Tf'~ Area Zoning: R-80 Previous use of property: vacant land Intended use of property: 12 lot subdivision Prior permits/approvals for site improvements: Agency NYS Department of Environmental Date Conservation November. 2003 Suffolk County Department of Health Services December 31. 2003 ~ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? ~No_ Yes If yes, provide explanation: Project Description (use attachments if necessary): The applicant in conjunction with the Peconic Land Trust, has proposed a 12 lot subdivision on 104.40 acres in East MArion. The existing roadway at this site runs close tg a small pond. The road improvement could impact the pond. . . Board of Trustees Application WETLANDffRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Pond/II shown on the subdivision map may be impacted by repaving the existing road which provides ingress and egress to the site. Area of wetlands on lot: less than 4000' square feet Percent coverage oflot: 1 / 10 0 f I % Closest distance between nearest existing structure and upland edge of wetlands: 20 ± feet Closest distance between nearest proposed structure and upland edge of wetlands: 20± feet Does the project involve excavation or filling? x No Yes If yes, how much material will be excavated? N / A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N / A feet Proposed slope throughout the area of operations: N / A Manner in which material will be removed or deposited: N / A Statement of the effect, i(any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): With the mitigate measures there should be no adverse effect. . I . I PROJECT 10 NUMBER PART 1 . PROJECT INFORMATION 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) SEQR ,. APPLICANT: SPONSOR 2. PROJECT NAME Cove Beach Estates, LLC ~~jorSubdivision 3.PROJECT LOCATION: Municipality East ~~rion County Suffolk 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks ete - or provide map North side of NYS Route 25 in East Marion, 1000' of east of Kay1eigh's Court, East Harion 5. IS PROPOSED ACTION: [K] New o Expansion D Modification I alteration 6. DESCRIBE PROJECT BRIEFLY: The exis itng roadway at this site runs close to a small pond. The road improvement could impact the pond. 7. AMOUNT OF LAND AFFECTED: Initially 1. 5± acres Ultimately ·1.5± acres . 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? lKJyes DNo If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [K] Residential D Industrial o Commercial DAgriculture D Park I Forest I Open Space DOther (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ÐYes DNO If yes, list agency name and permit f approval: Southo1d PLanning BOard - subdivision approval 1'.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [!]ves DNO If yes, list agency name and permit I approval: Suffolk County Department of Health Services- subdivision approval NYS Department of Environmental Conservation-subdivision approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION? Ovas Œ]No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant I Sponsor Nama ~Beach Estates. LLC by; Charles R. Cuddy. Agen lOate: 3/3/04 Signature ~ ß ÎJ 7/),1 j.þ If the actioQ a Costal Area and au are a state a enc y g y, complete the Coastal Assessment Form before proceeding with this assessment . . PART II - IMPACT ASSESSMENT (To be eomnleted bv Lead ADeney) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? Iryes. coordinate the review process and use the FULL EAF. DYes DNa B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTiONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes DNa c. COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal. potential for erosion, drainage or flooding problems? Explain briefly: I I C2. Aesthetic. agricultural, archaeological. historic, or other natural or cultural resources; or community or neigþborhood character? Explain brieny: I . .. . ....u I C3. Vegetation or fauna. fish, shellfish or wildlife species. significant habitats. or threatened or endangered species? Explain briefly: I I C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain brieny: I I C5. Growth. subsequent development. or related activities likely to be induced by the proposed action? Explain brießy: I I C6. Long term. short term. cumulative. or other effects not identified in C1-C5? Explain briefly: I I Cl. Other imcacts (including chanaes in use of either uantitv or iVnã of enerav? Exciain brieflv: I I D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITiCAL ENVIRONMENTAL AREA (CEA)? (If yes, explain briefly: I DYes 0 Na I E. is THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: DYes DNa I I PART 111- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (I.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics afthe CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF andlor prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actio WILL NOT result in any significaot adverse environmental impacts AND provide. on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Pnnt or fype Name of ResponsIble Officer 10 Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) . . . . Board of Trustees Application County of Suffolk State of New York Estates, LLC Charles R. Cuddv. Esq.. Agent for Cove Beach BEING DULY SWORN DEPOSES AND AFFIRMS THAT HElSHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF IllS/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 SOUfHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUfHOLD AND THE TOWN 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 AUfHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATlVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF TIllS APPLICATION. (>..Æ u'F. e ~ Signature SWORN TO BEFORE ME THIS 3rd DAY OF March ,200~ I.WO(YlÁ)/ JI~ Notary Public - ---.. _1'UbIICI. ..... ....._ __ Na. O'-Koeoe.. I 'iliad 1ft 8uIfoIIt CaunIr .. . Iru'.r.......~1tJ7 . . Uo=d. of Tl:1ø~s AppUcaUOl1 Au ~.......x ZA:1:'JQIf (~here the .pplic~t i$ net the ONDer) '" . B..<~ Estates, Ltc F,O. 250 I, RAou.l .3_ lo7ittev"..n, ","..bu, COve ;residing .:at: (pr.l..n.1: owner ~ p%'Opert.:r) ImUl1n.g aðã:r~SS) Cold Sprinr. NY. 10516 do hereby ...u.t:har:i.. Chart.. 11.. Cuddy (Agent) to apply lor II4IrtDit(a) f:toJl¡~. --:; ,- .....- ~ -: ""'-u. ~<.. '_t..., RAoul 3. Wit~.v..n, Member. cove iaa~h aet&tes. LtC e . . APPLICANT/AGENTIREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of South old's Code of Ethics oTohibits conflicts of interest on the Dart of town officers and emolovees. The Duroose of this form is to orovide ¡"fannalian which can alert the town ofoossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Charles R. Cuddy, Esq. Agent for Cove Beach Estates, LLC (Last name, fU'st name, middle 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 Variance Change of Zone Approval of plat X Exemption tram plat or official map Other (If "Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or empJoyee 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 employee 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 x 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, or child is (check all that apply): _A) the owner of greater than 5% of the shares of the corporate stock of the applicant (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 Sigoature Print Name ¡·larch 2004 y, sq.