HomeMy WebLinkAboutTR-4688 i r
O�QSUFF�(,�CO Town Hall
Albert J.Krupski, President ,��� rd 53095 Main Road
James King, Vice-Presidento= 4 P.O. Box 1179
Henry Smith r/+ Z Southold, New York 11971
Artie Foster �.tC
Ken Poliwoda Telephone(516) 12
?1�i � O Fax(516) 76b-1823-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
December 17, 1998
DAL Construction Corp.
Dorothy S. Randazzo
P.O. Box 1304
Center Moriches, NY 11934
RE: SEBASTION' S COVE
SCTM #100-3-11. 11 & 11 . 12
Dear Ms . Randazzo,
On December 16, 1998 we received your request for a one year
extension to Permit #4688 to complete the work done at
Sebastion's Cove for the re-construction of a bulkhead.
At the time this permit was issued (December 23, 1996) the
Trustee policy was, if the project was started within the two
year limit the applicant can take however long need be to
complete the project.
However, our new policy as of 1997 is, the applicant must start
and finish the project by the two year limit, and then ask for .
two one-year extensions, one at a time.
Therefore, we are returning your check for $10 . 00 .
Sincerely,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/djh
0
I
2 6 DECT191
George and Jane Toumanoff 'n''ti�ni OF S01JTHn' D!
16 RiverMead Rd. =r1
Peterborough, NH 03458
(603 ) 924-0903
December 21 , 1996
Board of Trustees
Town of Southold
Main Street
Southold, NY 11971
SCTM#1000-100-3-11 . 11 & 11 . 12
Gentlemen:
In response to the Request for a Permit to repair the bulkheading
by Sebastian Cove Property Owner Association I have no objection
and favor this proposal . I am the partial owner of the adjoining
property to the South on Sebastian Gutter.
The proposed repairs are necessary to maintain the function
of the waterfront and will do minimal damage to the wetland.
Sincerely,
1 ;u--1,K!"
George Toumanoff
cc: Sebastian Cove. Assoc
Board Of Southold Town Trustees
SOUTHOLD, NEW YORK
PERMIT NO. 4688 DATE: .December 23,199.
ISSUED TO ... . Sebastian. Cove Property Owners Assoc.
1.
Pursuant to the provisions of Chapter 615 of the Laws of
the State of New York, 1893; and Chapter 404 of the Laws of the j.
State of New York 1952; and the Southold Town Ordinance en- h
titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
.fi IN AND ON TOWN WATERS AND PUBLIC LANDS and the :
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
' LANDS UNDER TOWN WATERS;" and in accordance with the F _
Resolution of The Board adopted at a meeting held on December 18 l
w
19 96, and in consideration of the sum of $ 150.00 paid by
�• lfrter-Science ,Research on behalf of Sebastian.Cove..
y; of N. Y. and subject to the kl
+q Terms and Conditions listed on the reverse side hereof,
y. of Southold Town Trustees authorizes and permits the following:
replace timber bulkhead including 45 If. replaced inkind/inplace
to protect tidal wetlands vegetation; 220.75 l.f. replaced inkind y
within 18" of existing timber bulkhead with approx. 138c.u. of fil
\ proposed concrete or geoweb launching ramp to replace existing f
all in accordance with the detailed specifications as presented in ;
the originating application.ramp in disrepair. Transplant 35s.f.
of existing tidal wetlands, install french drain at top of ramp. k
i IN WITNESS WHEREOF, The said Board of Trustees here- 4;
`.� by causes its Corporate Seal to be affixed, and these presents to
be subscribed by a majority of the said Board as of this date.
1
�FFot�rD�
d'
' 1 Trrutees
rZiarat"
O�Og�FFO(,�c •
Albert J. Krupski. President `y� goy Town Hall
John Holzapfel, Vice President c '� 53095 Main Road
Jim King
`n P.O. Box 1179
� T
Martin H. Garrell y �� Southold, New York 11971
Peter Wenzel ��j �'a� Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
December 23, 1996
Inter-Science Research Assoc. , Inc.
P.O. Box 1201
Southampton, NY 11969-1201
Re: Sebastian Cove Property Owners Assoc.
SCTM # 100-3-11.11 &11. 12
Dear Mr. Walker:
The following action was taken by the Board of Town Trustees
during its regular meeting held on December 18, 1996 regarding
the above matter:
WHEREAS, Inter-Science Research on behalf of SEBASTIAN COVE
PROPERTY OWNERS ASSOC. applied to the Southold Town Trustees for
a permit under the provisions of the Wetland Ordinance of the
Town of Southold, application dated November 29, 1996, 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 December 18, 1996, 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 37-18 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,
r 0
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees grant a Wetland Permit to
replace timber bulkhead including 45 l.f. replaced
inkind/inplace to protect tidal wetlands vegetation; 220.75 l.f.
replaced inkind within 18" of existing timber bulkhead with
approx. 138 c.y. of fill to be brought in and proposed concrete
or geoweb launching ramp to replace existing ramp in disrepair.
Transplant 35 s.f. of existing tidal wetlands in graded area
south of boat ramp. Install French drain at top of boat ramp to
contain runoff of property, and,
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 project will expire two years 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,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/jmd
INTEL - CIENCE
RESEARCH ASSOCIATES, INC.
ENVIRONMENTAL PLANNING&DEVELOPMENT CONSULTANTS
RICHARD ERIK WARREN.AICP
President
December 18, 1996
- Via Hand-Delivery -
Albert J. Krupski, President
Southold Board of Town Trustees
Southold Town Hall
53095 Main Road, P.O. Box 1179
Southold, New York 11971
Re: Sebastian's Cove Property Owners Association
Dear Mr. Krupski:
Pursuant to my telephone conversation with Jill Doughtery, I understand that two
additional items require attention for this project. They are as follows:
1. 20 Foot Buffer. It is understood that a 20 foot buffer landward of the bulkhead line is
generally required by the Trustees. I believe that the project sponsor would be willing to accept
that restriction if they were allowed to spread bark chips in this area. Furthermore, it is
understood that it is acceptable to plant maritime shrubs such as Northern Bayberry(Myrica
pensylvanica), Beach Plum(Prunus maritima) and Salt Spray Rose (Rosa rugosa). If this area is
to be landscaped, the project sponsor will accept a condition of maritime shrubs in this location.
This will prevent the fertilization and intensive maintenance (mowing, application of herbicides,
pesticides, etc.) of the buffer along the water line.
2. Estimate of Stormwater Runoff. The volume of stormwater running off into
Sebastian's Gutter, via the current boat ramp, has been estimated herein. The contributing area is
approximately 15,500 square foot in size and is comprised off all areas which could feasibly have
input to the boat ramp from the areas up gradient. Since the road way has its own drainage no
input is expected from east of the road. The resultant runoff calculation is as follows:
15,500 Square Feet x 2'712" Rainfall x 0.30 Coefficient =2,583.33 Cubic Feet
As such, approximately 2,585 Cubic Feet of rainfall is expected to be involved in the stormwater
runoff contributing to surface flow at the boat ramp. This is based upon a 2" rainfall and the
minimum coefficient of runoff, per Town of Southold Code requirements, assigned to overland
(grassed) surfaces. This will be intercepted by the french drain and turned to the side to flow
across the remaining vegetated portions of the site. The overland runoff will infiltrate the soils
and become involved in the estuary hydrology in a natural manner.
POST OFFICE BOX 1201 • 36 NUGENT STREET a SOUTHAMPTON, NEW YORK 11969-1201 a 516-283-5958 a FAX: 516-283-5974
This information should complete the subject application and allow the Southold Town Trustees
to issue their approval.
I have included, as an attachment to this correspondence, the affidavits of posting and
mailing with the certified mail return receipts for your file.
Should you have any questions regarding this letter or the project in general, please do not
hesitate to contact this office. Thank you.
Respectfully submitted,
James L. Walker
P 'ncipal Planner
JLW: jlw
enclosure
copy: Richard Nemschick, SCPOA(w/enclosure)
F JIM,SCPDAI.RPD
INTERYIENCE
0o�Ogt1FF0�,�e 0
Albert J. Krupski,President may. goy Town Hall
John Holzapfel, Vice President o < 53095 Main Road
y P.O. Box 1179
Jim King
Martin H. Garrell y t� Southold, New York 11971
Peter Wenczel �dj �'a� Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
BOARD OF TRUSTEES: TOWN OF SOUTHOLD
-----------------------------------
In the Matter of the Application
of
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT OF POSTING
I James L. Walker , residing at 54 Center Avenue, Southampton,
New York 11968
being duly sworn, depose and say:
That on the 11th day of December, 1996, I personally posted the
property known as Sebastian's Cove Property Owners Association
by placing the Board of Trustees official poster where it can
easily be seen, and that I have checked to be sure the poster
has remained in place for seven days prior to the date of the
public hearing. (date of hearing noted thereon to be held December
18, 1996.
Dated:
(s gnature)
Sworn to before me this
day of-L—)_QC_ar.N�E�996
Debbie Brady 6(6 U rz e(10)
Notary PuKac Nary Pubile, State of New York
Suffolk CordY
BF15053087,
Term ExP
rss December 11,19q- -
r
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
Name: Address:
1000-100-3-11.17 1000-100-3-11.10
George Toumanoff & John Wickam Neil and Carol Raffe
c/o Ann Wickam 825 Sebastians Cove Road
Main Road Mattituck, New York 11952
Cutchogue, New York 11935
STATE OF NEW YORK
COUNTY OF SUFFOLK
James L. Walker residing at 54 Center Avenue, Southampton,
New York 11968 being duly sworn, deposes and says
that on the 13th day of December —, 19 96 , deponent mailed
a true copy of the Notice set forth in the Board of Trustees
Application, 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 , that said Notices
were mailed to each of said persons b (certified) ( registered)
mail.
Sworn to before me this
day of ' (m p&htA/- 19C—
Notary Public (�)�'ef�o
Notary Public, State ol New York
No. 01BR5053087, Suffolk COU*
'term Expires December 11, 1
6
Town Hall. 53095 Main Road
Telephone0 P.O. Box 1179
(516) 765-1801 ���1 ��O! Southold. New York 11971
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
At the Southold Town Conservation Advisory Council meeting held Friday,
December 13, 1996 the following recommendation was made:
No. 1408
Moved by Kenneth Meskill, seconded by Robert Keith, it was
RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL
of the Wetland Application of SEBASTIAN COVE PROPERTY OWNERS
ASSOCIATION 100-3-11.11 E 11.12 to replace timber bulkhead including 45 I.f.
replaced in-kind/in-place; 220.75 I.f. replaced in-kind./in-place within 18" of
existing timber bulkhead; propose concrete launching ramp to replace existing
ramp; and transplant 36 square feet of existing tidal wetlands in graded area
south of boat ramp.
Sebastian's Cove Road, and Sebastian's Cutter, Mattituck
Vote of Council: Ayes: All
Motion Carried
i I
DEC-13-1996 11!55 1 P.61
INTER:5CIENCE
RESEARCH ASSOCIATES. INC.
ENVIRONMENTAL PLANNING&DEVELOPMENT CONSULTANTS
7 7—
RICHARD ERIK WARREN,NQ 1
PrcYdw
1 ,
L
December 13, 1996 ,
- Via Telefax/Regular Mail-
Albert J. Krupski, President
Southold Board of Town Trustees
Southold Town Hall
53095 Main Road, P.O. Box 1179
Southold, New York 11971
Re: Sebastian's Cove Property Owners Association,
Dear Mr. Krupski:
Please be advised that Jill Doughtery has telephoned this office,regarding the proposed
bulkhead and boat ramp replacement at the Sebastian Cove Property Owners Association
property. I have inspected the project with the association and find the following to be
acceptable.
1. Fill will be required in minor amounts behind the new bulkhead. The amount of fill has
been estimated at 140±cubic yards, as follows:
Fill behind 130'bulkheari to be replaced within 18" 585 C.F.
Fill to correct slump behind 130' bulkhead 2;340 C.F. ;
Fill to correct slump behind 45' bulkhead 810 C.F.
TOTAL 3,735 C.F. or
t38'C:Y.
The first entry is that fill which will be required for the void between the new bulkhead and the old
bulkhead(maximum separation is 18 inches). Secondly, the slump can be corrected for the 130
feet of bulkhead to be replaced in kind within 19 inches of the old bulkhead by using 2,340 cubic
feet of clean sand and gravel. The third envy is the fill required to coirect the slump behind the
existing 45 foot bulkhead which is to be replaced in-place and in-kind. No fill is expecte3 for the
80 foot bulkhead south of use existing boat ramp as the area behind this bulkhead can simply be
regraded when the new bulkhea :s in place. No fill is needed for the how boat ramp.
2. The new boat ramp may be the site for entry of storm water to the surface waters of
Sebastian's Gutter. As such,the Trustees have requested a grate with leaching pools. After
walking the site with the association, it has been determined that only a small`volume of storm
1'
POST OFFICE BOX 1201 -36 NUGENT STREET-SOUTHAMPTON, NEW YORK .1969-�201 -516-283-5958 �FAX: 516-283-5974
DEC-13-1996 1155 1 P.02
water ever reaches the boat ramp. As such due to expense,the association would like to
substitute the following:
French Drain. A french drain can be installed along the landward limit of the concrete
boat ramp which is 15 foot wide. The french drain would be a minimum of 12 inches wide and 12
inches deep with graded washed rock installed immediately landward of the boat ramp. A french
drain normally has 4 inches of topsoil applied to the finish grade, however, in this case that would
not be desirable. Instead the graded washed rock would attend to the surface thereby trapping all
overland runoff. The overland.unoff would then,be directed on a 45 degree angle at each corner
of the boat ramp to the existing grade. The frerich drain would gradually reach the surface
(bottom of the drain set at a consistent elevation)in the 45 degree,angle discharge area on each
side of the boat ramp. In this manner, any water, that did not recharge through the bottom of the
french drain, would be directed away from the concrete boat ramp. It would then have an
opportunity to infiltrate the soil away from the ramp. In no case would the water reach the ramp
and cause storm water runoff to reach the surface waters of the gutter directly over the ramp
surface.
If acceptable to the board, the project sponsor would accept a condition requiring'the french drain
described above. For your review, I have attached a xerox copy of a typical french drain provided
in De Chiara and Koppleman, Time-Saver Standards for Site Ptamrine(1984), page 728.
I assume that all matters are in order for the public hearing to be held December 18th.
The sign,has been posted and the certified mailing::xnt out, I have responded herein to the
questions arising from the Trustees field visit. Finally, the survey requested has beerr Submitted to
the Trustees by Peconic Surveyors.
Should you have any questions regarding this letter or the project in general, please do not
hesitate to contact this office. Thank you.
ectfully submitted,
J es L. Walker
cipal Planner
JLW: jlw
enclosure
copy: Richard Nemachiek, SCPOA(w/enclosure)
INTER5CIENC,E
DEC-13-1996 11:56 1 P.03
6.17 INLETS.CATCH BASINS.AND DRAT* .00
•
I
<
HERRING-BONE GRIDIRON RANDOM
Fol 6.306 Patterns for drainage field.
4I FINI H GRADE
P$
OIL
ISOUEEN
TO
TMrlW
ARIES. 12"MIN. C
ADED WASHED-
1% SLOPE MIN. c
FRENCH" DRAIN
1 " =FINLSM GRADE
TDPSOILI ' 4 Pti
VISOUEEN�M, RO K
WASHED
VARIES.12"MIN. E
1% SLOPE MIN. AC
JOINT
TILE
] ISM GRADE
QRADED V.ASHEQ� 190UEEN
VARIES. 12"NLN.
1% SLOPE
N N
PERFORATED TILE
01 h 2' FINISH GRADE
VARIES. 1.7 MIN. � '
xHc
VISOUEEN '� �• ~
PI DO
1% SLOPE MIN. WHERE NECESSARYI
BELL TILE
Flp m 6.309 Types of drams.
—78
TOTAL P.03
INTEI�CIENCE �?�'
7),19
RESEARCH ASSOCIATES, INC. 261
6 1-96
D
ENVIRONMENTAL PLANNING&DEVELOPMENT CONSULTAN 0
Son tu
RICHARD ERIK WARREN.AICP TN�CD
President
November 25, 1996
Albert J. Krupski, President
Town of Southold Board of Town Trustees
Town Hall, 53095 Main Road, P.O. Box 1179
Southold, New York 11971
Re: SEBASTIAN COVE PROPERTY OWNERS ASSOCIATION
Dear President Krupski:
Pursuant to advice received from Jill Dougherty, Southold Town Trustees, I have compiled
additional information intended to supplement the original 9/25/96 correspondence to the Town
Trustees. Specifically, the 45 linear feet of timber bulkhead to be replaced in-kind/in-place will be
reviewed by the town pursuant to the grandfather permit originally proposed. The three remaining
aspects of the proposed development will be reviewed as a Wetlands Permit proposal and include the
following:
I. Replacement of the remaining 220.75 linear feet of timber bulkhead in-kind within 18
inches of the existing deteriorated timber bulkhead.
2. Replacement of the existing deteriorated boat ramp with a new concrete boat ramp.
3. Transplanting of approximately 325 square feet of tidal wetlands vegetation from the
existing boat ramp to a newly graded area to the south of the existing boat ramp.
For your review of the Wetlands Permit application, I have provided the following materials:
1. Completed Application Forms (one original plus two copies).
2. Completed Short EAF Part I (one copy).
3. A recent survey(three stamped surveys).
4. A check in the amount of$50.00.
This information is in addition to those materials included in the original development proposal. They
should be considered with the Grandfather Permit request, as appropriate, so that the project as a
whole can receive the proper approvals. Please note that the application authorization and notarized
signature from the project sponsor have been supplied directly by Richard Nemschick, Sebastian Cove
Property Owners Association per my telephone conversation with Jill Dougherty, Trustees office.
In addition, since the surveyor had to complete a minor revision to the survey, the surveys will be
POST OFFICE BOX 1201 • 36 NUGENT STREET •SOUTHAMPTON, NEW YORK 11969-1201 • 516-283-5958 a FAX 516-283-5974
0 0
hand-delivered by Therese, Peconic Surveyors directly to your office prior to the November 29th
deadline. You should have all information required, by the deadline, so that the public hearing can
be noticed properly.
Should you have any questions regarding this letter or the project in general, please do not
hesitate to contact this office. Thank you for your prompt attention to this matter.
R ectfully submitted,
J es L. Walker
P incipal Planner
JLW: jlw
enclosures
copy: Mr. Richard Nemschick, Sebastian Cove Property Owners Association(w/copy)
F MIWPUALET lkTl)
INTEL - CIENCE
INTER,,-5CIENCE
RESEARCH ASSOCIATES, INC.
ENVIRONMENTAL PLANNING d DEVELOPMENT CONSULTANTS
RICHARD ERIK WARREN.AICP
Presidenr
September 25, 1996
Albert J. Krupski, President
Town of Southold Board of Town Trustees �1J 4
I
Town Hall, 53095 Main Road, P.O. Box 1179 !I 2 5 9
Southold, New York 11971 lJl
Re: SEBASTIAN COVE PROPERTY OWNERS AS nuth a SOUTHOLD
Dear President Krupski:
Please consider this letter a formal request for Board of Town Trustees approval for the
replacement of timber bulkheading and the boat ramp at Sebastian's Cove Property Owners
Association. As you may know, the association property fronts on Sebastian's Gutter, which is an
estuary off of Mattituck Creek, and Sebastian's Cove Road. The project includes 265.75 of existing
timber bulkhead to be replaced and the replacement of the existing boat ramp with a new boat ramp.
The project has been permitted by the New York State Department of Environmental Conservation
and the Army Corps of Engineers. Since the ACOE permit was issued under the Nationwide General
Permit no consistency concurrence from the New York State Department of State was required. A
copy of the permits and approvals previously issued by NYSDEC and ACOE is attached for your
convenience.
The project includes the following:
1. 45 linear feet of timber bulkhead to be replaced in-kindlm-place to protect existing
tidal wetlands vegetation.
2. Replacement of the remaining 220.75 linear feet of timber bulkhead in-kind within 18
inches of the existing deteriorated timber bulkhead.
3. Replacement of the existing deteriorated boat ramp with a new concrete boat ramp.
4. Transplanting of approximately 325 square feet of tidal wetlands vegetation from the
existing boat ramp to a newly graded area to the south of the existing boat ramp.
All construction details are provided on the enclosed plans at the Department of Army format
(8 '/2" x I V sheets).
I was instructed by the project sponsor to propose these improvements as a grandfather
permit pursuant to advice given to the project sponsor by the Board of Town Trustees. Accordingly,
I have provided herein the following materials:
POST OFFICE BOX 1201 • 36 NUGENT STREET •SOUTHAMPTON. NEW YORK 11969-1201 • 516.283-5958 •FAX. 516-283-5974
0 9
L Original plus two (2) copies of the application form and EAF Part I.
2. Documentation of the pre-existence of the structure prior to June 29, 1971 (1955
Aerial Photograph).
3. Plans, three(3) copies are provided.
4. Payment of the required fee. A check in the amount of$100.00 is provided herein.
5. Authorization Letter.
Please schedule this project for review as soon as possible. If you require this office to be present
to explain any aspect of the re-development, please call my office and let me know when your
meetings are held.
Should you have any questions regarding this letter or the project in general, please do not
hesitate to contact this office. Thank you for your prompt attention to this matter.
Tcjr
ctfully submitted,
L. Walker
al Planner
JLW: dab
encs.
cc: Mr. Richard Nemscheck, Sebastian Cove Property Owners Association(w/copy)
F:XJBWCPOALET.WPD
INTER-5CIENCE
New York State DepartmA of Environmental ConservatioD
A&Budding 40 - SUNY, Stony Brook, New York 11790.2356
Telephone (516) 444-0365
Faasimde 1516) 444-0373 Imhow
Mk hael D.Zsgete
March 22 , 1996 Cir
Sebastian' s Cove Property Owners Association
P .O. Box 261
Mattituck, NY 11952
RE: 1-4738-00073/00001
Dear Permittee :
In conformance with the requirements of the State Uniform
Procedures Act (Article 70, ECL) and its implementing regulations
(6NYCRR, Part 621) we are enclosing your permit . Please read all
conditions carefully. If you are unable to comply with any
conditions, please contact us at the above address .
Also enclosed is a permit sign which is to be conspicuously
posted at the project site and protected fro a we her.
r
VE r
y ruly ours,
4
J hn A. Wieland
Environmental Analyst I
JAW:cg
enclosure
- r
NEW Yr"" STATE DEPARTMENT OF ENVIRONMENTAL CONSERVP--')N
DEC PERMIT NUMBER E CTIVE DATE
1-4758-00073/00001 March 21, 1996
FACILITY/PROGRAM NUMBER(S) P E IT EXPIRATION DATE(S)
Under the Emiraeental March 31, 2001
Conservation Law
TYPE OF PERMIT 11 New 0 Renewal ❑ Modification ❑ Permit to Construct ❑ Permit to Operate
r Article 15, Title 5: Protection ■ 6NYCRR 608: Water Quality ❑ Article 27, Title 7; 6NYCRR 360:
of Waters Certification Solid Waste Management
0 Article 15, Title 15: Water 0 Article 17, Titles 7, 8: SPDES 0 Article 27, Title 9; 6NYCRR 373:
Supply Hazardous Waste Management
❑ Article 19: Air Pollution
0 Article 15, Title 15: Water Control 0 Article 34: Coastal Erosion
Transport Management
0 Article 23, Title 27: Mined Land
0 Article 15, Title 15: Long Reclamation ❑ Article 36: Floodplain
Island Wells Management
❑ Article 24: Freshwater Wetlands
0 Article 15, Title 27: Wild, 0 Articles 1, 3, 17, 19, 27, 37;
Scenic and Recreational Rivers ■ Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control
0 Other:
PERMIT ISSUED TO TELEPHONE NUMBER
Sebastian's Cove Property Owners Association (516) 734-7474
ADDRESS OF PERMITTEE
P.O. Box 261
Mattituck NY 11952
CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER
Jim Walker - Inter-Science Research Associates
P.O. Box 1201, 36 Nugent Street, Southampton NY 11969-1201 (516) 283-5958
NAME AND ADDRESS OF PROJECT/FACILITY
Sebastian's Cove Property Owners Association
Proposed bulkhead replacement and ramp at Sebastian's Gutter
LOCATION OF PROJECT/FACILITY
Mattituck
COUNTY TOWN WATERCOURSE NYTM COORDINATES
Sebastian's Gutter
Suffolk Southold Mattituck Creek E: 707.2 N: 4542.5
CE.9MIPTIW of aurFMIz® P rIVI1Y
Replace 266 linear feet of bulkhead (221' Within 18 inches and 45' in kind/in place). Replace the existing deteriorated
boat ramp. Transplant on site approximately 325 square feet of tidal wetLand vegetation. Regrade as per approved plans
to re-establish transplanted tidal Wetland vegetation. The project shall be in accordance with plans stamped NYSDEC
approved on 03-18-96.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
ELL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of
this permit.
PERMIT ADMINISTRATOR: ADDRESS
George W. Hammarth
Bldg. 40, SUNY, Room 219, Stony Brook, NY 11790-2356
AUTHORIZED SIGNATURE DATE
March 21, 1996 Page 1 of 5
GaaM CODITICINS
Inspections •
1 . The permitted site or facility, including relevant records, is subject to in-
spection at reasonable hours and intervals by an authorized representative of
the Department of Envirorrrental Conservation (the Departrrent) to determine
whether the permittee is carpIyirig with this permit and the B1. Such represen-
tative rrsy order the work suspended pursuant to EM 71-0301 and SOPA 401 (3) .
copy of this permit, including all referenced naps, draNings and special
conditions, must be available for inspection by the Department at all tines at
the project site. Failure to produce a copy of the permit upon request by a
Departrrent representative is a violation of this permit.
Pe rni t Changes and Rw em l s
2. The Deparrrent reserves the right to rrodify, 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 EirL and pertinent regula-
tions is found;
b) the permit was obtained by misrepresentation or failure to disclose
relevant facts;
c) new material info oration is discovered; or
d) environrental conditions, relevant technology, or applicable lav or
regulation have materially changed since the permit wes issued.
3. The permittee must sutmit a separate written application to the Department for
renem 1 , rrodification or transfer of this permit. Such application must include
any forms, fees or supplerrantal information the Deparvent requires. Any
reram l , rm3dification or transfer granted by the Department must be in writing.
4. The permittee must subrni t a renene I application at least:
a) 180 days before expiration of permits for State Pollutant Discharge
Elimination System (SRXE) , Hazardous V%ste Wnagerent Facilities
WMIF) , me j or Air PoI I ut ion Control (APC) and Sol id ftste Nbnagemnt
Facilities (SMJF); and
b) 30 days before expiration of all other permit types.
5. Lin less expressly provided for by the Departmant, issuance of this permit does
rot rmd(fy, supersede or rescind any order or determination perviously issued by
the Departmnt or any of the terms, conditions or requirffwts contained in such
order or determination.
Other Legal Cbligations of Permittee
6. The permittee has accepted expressly, by the execution of the application, the
full legal responsibility for all daTeggs, direct or indirect, of whatever
nature and by Wwraver suffered, arising out of the project described in this
permit and has agreed to indemify and save harmless the State frau suits,
actions, dareges and costs of every mare and description resulting frau this
project.
7. This permit does not convey to the permittee any right to trespass upon the
lands or interfere with the riparian rights of others in order to perform the
permitted work nor does it authorize the irpaiTrent of any rights, title, or
interest in real or personal property held or vested in a person not a parry to
the permit.
B. The permittee is responsible for obtaining any other permits, approvals, lands,
easerents and rights-of-wey that may be required for this project.
Pae2of 9
95-20-ha(7192)-15c
ADDITIONAL GENERAL CONDITIONS FOR A LES 15 (Title 5), 24, 25, 34 and 6 NYCRR Part A Tidal Wetland )
9 That if future operations by the State of New York require an al- other environmentally deleterious materials associated with the
teration in the position of the structure or work herein authorized, or project.
if, in the opinion of the Department of Environmental Conservation 13 Any material dredged in the prosecution of the work herein permitted
it shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse piles,ridges across
waters or flood flows or endanger the health, safety or welfare of the bed of a waterway or floodplain or deep holes that may have a
the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of
resources of the State.the owner may be ordered by the Department to a waterway.
remove or alter the structural work, obstructions, or hazards caused
thereby without expense to the State, and If, upon the expiration or 14 There shall be no unreasonable interference with navigation by the work
revocation of this permit, the structure, fill, excavation, or other herein authorized.
modification of the watercourse hereby authorized shall not be com- 15 If upon the expiration or revocation of this permit,the project hereby
pleted. the owners, shall, without expense to the State, and to such authorized has not been completed,the applicant shall,without expense
extent and in such time and manner as the Department of Environmental to the State, and to such extent and in such time and manner as the
Conservation may require,remove all or any portion of the uncompleted Department of Environmental Conservation may require,remove all or
structure or fill and restore to its former condition the navigable any portion of the uncompleted structure or fill and restore the site
and flood capacity of the watercourse.No claim shall be made against to its former condition. No claim shall be made against the State of
the State of New York on account of any such removal or alteration. New York on account of any such removal or alteration.
10 That the State of New York shall in no case be liable for any damage 16 If granted under 6 NYCRR Part 608, the NYS Department of Environ-
or injury to the structure orwork herein authorized which may be caused mental Conservation hereby certifies that the subject project will not
by or result from future operations undertaken by the State for the contravene effluent limitations or other limitations or standards under
conservation or improvement of navigation.or for other purposes,and Sections 3017302, 303, 306 and 307 of the Clean Water Act of 1977
no claim or right to compensation shall accrue from any such damage. (PL 95-217) provided that all of the conditions listed herein are met.
11 Granting of this permit does not relieve the applicant of the responsi- 17 All activities authorized by this permit must be in strict conformance
bility of obtaining any other permission. consent or approval from with the approved plans submitted by the applicant or his agent as part
the U.S. Army Corps of Engineers. U.S. Coast Guard. New York State of the permit application
Office of General Services or local government which may be required.
12 All necessary precautions shall be taken to preclude contamination Such approved plans were prepared by $tatRlBd NYSDEC
of any wetland or waterway by suspended solids, sediments, fuels, Apprrwed on 3/18/96
solvents. lubricants,epoxy coatings,paints,concrete, leachate or any
SPECIAL CONDITIONS
1 . During construction, concrete or leachate shall not escape
or be discharged, nor shall washings from transit mix
trucks, mixers, or other devices enter tidal wetlands and or
protected buffer areas .
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 areas of soil disturbance resulting from this project
shall be stabilized immediately following project completion
or prior to permit expiration, whichever comes first . The
approved methodologies are as follows :
a. stabilization of the entire disturbed area with appropriate
vegetation (grasses, etc. ) .
b. Temporarily stabilized with straw or hay mulch or jute
matting or other similar natural fiber matting within 1 week
of final grading. Temporary stabilization shall be
maintained until a mature vegetative cover is established.
DEC PERMIT NUMBER
1--4738-00073/00001
PROGRAM FACILj T1 NUMBER
Page 3 of 5
95.20.6f(7/87)-25c NEW YSTATE DEPARTMENT OF ENVIRONMENTAL CONSERON 0
SPECIAL CONDITIONS
For Article 25 I Tidal Wetland
5 . There shall be no discharge of runoff or other effluent over
or through any bulkhead or shoreline stabilization structure
or into any tidal wetland or adjacent area.
6 . All fill shall consist of "clean" gravel and soil (not
asphalt, slag, flyash, broken concrete or demolition
debris) .
7 . The new bulkhead shall be constructed within a maximum of
18" seaward of the structure, measured from face of old
sheathing to face of new sheathing (as shown on the approved
x-section) .
8 . Bulkhead constructed directly adjacent to vegetated tidal
wetlands shall be jetted in with no disturbance to the tidal
wetland. Trenching is strictly prohibited.
9 . All peripheral berms, cofferdams, rock revetments, seawalls,
gabions, bulkheads etc. shall be completed prior to
placement of any fill material behind such structures .
10 . Prior to any construction or removal of bulkheads and other
shoreline stabilization structures all backfill shall be
excavated landward of the bulkhead and retained so as not to
enter the waterway, tidal wetland or protected buffer area.
11 . The backfill area shall be planted with beach grass on 12"
centers and the applicant shall ensure a minimum of 85%-
survival
5gsurvival of plantings by the end of five growing seasons .
If this goal is not met, the applicant shall re-evaluate the
restoration project in order to determine how to meet the
mitigation goal and submit plans to be approved to the
Bureau of Marine Habitat Protection, Building 40 SUNY, Stony
Brook, NY 11790-2356 .
12 . No dredging is authorized.
Supplementary Special Conditions (A) through (F) attached
DEC PERMIT NUMBER
1-4738-00073/00001
FACILITY ID NUMBER PROCRAM NUMBER
Page 4 of 5
The following condi"ns apply to all Tidal Wands; Freshwater
Wetlands; Coastal rosion Management; and Wi d, 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. 1-4738-00073/00001 Page 5 of 5
PROJECT PLAN VIEW
Yattttaek w 140
Cmk
-tea `.
7—
�t—&b
72a3T00-
\ MbLL J6tt!lnLotchmlet Nap
az a
ANP:efrt x1
tiaeasytatlae
a \-Ge_ti As
t7\ n.a+e
�\ -9A \` /
—La
Nets .n.bCbO� s 30
lbw Lor, feet of tom,
..pard baltheed r WL?5
Nem Ptnpaaed baLmead ' —te _Cy
to be ta.mL.a Wttbm Ib'
CC •nrttae buUd ed. 1
Ne bank = I I 1 —tb
tar boL'head nelrmmL ��, = It y�
�tw p propowd er np to �ya°e!v P .
ML
Fla laaoehme romp
to nplar exbong nmp In
tdetme n" Rueede t'yemtlem
In the atr of the beat tamp to be
==
m Jme l004 eNae
eeedhaia Last wl paapeaM beat
eamp taplaeaoaemt. I
■dl
e Fk Pd PROPOSED HULRREAD
/ do BOAT RAA
semnaw P..pats IJae. 76pogmpkm r a AT. SEBASTIANS GUTTER
r u.aae UM And Tr%SUW An PWC HAYTITUCK
wasp = IM so by pamom N 4 j PER Ti'.w.13 TOWN OF SOUTHOLD
omm, m P.C. pntijLOvl.D ,tea (.)v SUFFOLK COUNTY
l -
e."t, �u:•• ' '-y.1 73 SE NYORK STATE
DATE: SEPTEI®ER 1996
FOR SEBASTIAN COVE
PROPERTY OWNERS
ASSOCIATION
HY: INTER—SCDIICE
RESEARCH ASSOCIATES.
1 of 8 t / � INC.
EXISTING BUI=AD
SECTION C — C'
i
Existing Tidal wetlands
C Vegetation To Remain C'
Undisturbed
2"X12' Cap
11'X25' Butt
Pile Ezis
Countersunk
.Easher rn a
8"x8" Wales
EL +2.8'
I 4LN H W. ..
e a
0+0
Shoreline
10' Horizontal 10" Dia. Timber
Pile (18' Back) fie•
EL —1.0'
10' Length
3"x10'x20' Tongue
& Groove Sheathing
apical Bead Section
Shall Consist Ot
11' Butt Piling
De th of 8"x8" Top & Bottom Wales
enc n 3'X10' Tongue & Grocove
14.0' Sheathing
Existing Bulkhead 10' BackingPiling
Piling
in Disrepair
NOTE: Approximately 45 Lf. of timber bulkhead
to be replaced in—kind/in—place to protect
tidal wetlands vegetation per plan vie
section shows the bulkhead reply eat is sire a M"
that location. ^ . / ZXMTDM BULXB D �II
x �r S t) e C [cR\13 AM snasauro Cove
\S PEI' MATUTUCK
-OVVD OF sonoa consrr
TM or BOUT=
7 ta. arzs
PERVt;T nMAsti aquas (..a.w)
'D.,EL f-- Pon srmiffa►vs cove Psoras
oraets moaraMoa
Be mtme-sanies RIZZARM
2 of 8 xamr./ate. /w-m../amaaa ASWCU . DM
NOTE New proposed bulkhead to be
installed within 18" of existing
bulkhead, as shown on plan view,
except where otherwise specifically
noted.
2"x12' Cap
110x25' Butt
CountersunkRristina TYPICAL BULKHEAD
Easher ra a SECTION
H"x8" Wales
EL +2.8'
H.H.W. 21
B'
EL 0+0
e
Shoreline
EL —2.4' 10" Horizontal 10" Dia. Timber
M.LW, pile (1H' Back) Pile
10' Length
ep
EL —2.7
Existing 3"x10"1r20' Tongue
& Groove Sheathing
'jmical Bulkhead Section
Shall Consist Of.
Depth of u" Butt Piling
6"x8" Top & Bottom Wales
—Penetration 3"x10" Tongue & Grocove
2.3' Sheathing
Existing Bulkhead 100 Horlizzonta Piling
in Disrepair
3 �.( `
N T s D E C L 1\lS
r AS PLR T
A"PRO\LD `y OF �/ Not m goals
AyD CO�•Jl_70 1600?
:.0. )—L7? Rm� r.D.
AD Ds
PLRViT n �( -
DATG S At 2131,1111W3 ccVX
MATUMCK
7011! OF e0U7a01D
sur"M coUIR7
IRM TOR[ RAA
DAM IARUARY X 1Me
aRROART 4 1YM (seNwd)
you 3=4171A" CM FROMM
UUM A>s0C7A7701I
3 of 6 192 wm A/GRAM, MMARMs/01D-aU*/MMLM ASSoCELTIM M
CROSS-SECTION B - By
THROUGH RAMP &
BULKHEAD
B B '
ur W mwu•
2•x1E• by
e..e. _
6•:e• w.t.. �
9eettea T,= 6•mts.
aelaroeved Coco. Mob
10• DL. limber
PDe 10' in Length
30• Horizontal
Pile (W Hack)
11• Y 25' Hutt Si10•k20' To.o�us�
CovaPDt tmak k Groove 9bNtarn6
Rasher
1 _ \
N Y 4 D E`R -{E1c%15
X1,1>1:0�'LVvt[W" OF _Gpu /-7
7
SCALE: 1• - 10'
Note:
Rzisting boat ramp is a minimum of k LAUNCHING
G
a feet in width (19 feet t maximum). RAMP DETAD
Proposed boat ramp In a minimum of AT. Ste'-ASTM` CG96
15 feet is width after allowing bulkhead RATLRDCE
TOWN replacement within 18 inches of SD � cCOOUNTY
existing bulkhead (se shown above). NEW TORS STAIR
DAIS JANUARY S. 1996
FEBRUARY 6. 1996 (revived)
I"ser 101: SIDA9SIANS'S CM PROPERLY
0*NE9.9 ASSOCUTION
HY: INTIR—SOWC2 RiSZARCH
4 of 6 AS90CATES. Hu.
CONTROL JOINTS AT W O.C.
A
3
s
PLAN VIEW OF LAUNCHING RAMP n
{A X
I 75--0' ManeuverIn
LArea EUu hater Laval
IVatereval
Relnfrn
orc�\ e q
/\/Concrete Slab cf� an e.\ //j//j// ; /e /\// '
Con
IX cr*tG Plan
NOTS'The slope of the Luaus Ramp
should be betvaea 1= # 13x.
i
A—
CROSS—
CROSS— TI
C RAMP
Nd b mew
LMICBM ala
�5 OVAL
PSC`Lp,r`910t,'C QORG �u COUNNTYIL
NEN� BTAn
DY@ JAHUAZT
11°°°aM (aafIwe)
'atean!no sisaanmrwrarsm �v/a�nR nla
O
O Area of sxlattng
vecxloaonatatd be
Area to be graded (L 3 slope)
h area of relocated wetlands
veptatlon
Edge of Flagged a
Wethuuls 4
8
Notes ,r
Approximately 323 2-f. of existing tidal wetlands vegetation to be
relocated. 6 0 111
Proposed transplant area In approximately 328 s.f. (colonised to N x g v s TEtt�
edCommon
ofa Reed, Phragmites wetlands as shown. regraded)area wouto be ld be replanted ded to relocate AP 'iO�Ev �' r v5
of
with all existing Udal wetlands materials removed from boat nND COS DITlO•' 07?
ramp area. This planting would replace clear stand of Invasive 3�
Species with functional tidal wetlands Grading completed at pE t`tIT O'
time will provide for L•S slope at periphery of proposed D
mitigation location.
Density of Phuttingr.
Inter tidal marsh — Sperttna alterntilora, 2 fL on center,
High marsh — Spartlna patens, 1 fL on canter.
Disttohlis spicats , I ft on center,
Other species (Le. Slack Grans) will be planted 4t approximate
density existing at boat ramp.
Method of Transplanting: — By hand after contractor provides
grading
Fertilizer — Not necessary as substrate will be moved with
transplanted wetlands vegetation. DETAIL OF
No existing tidal wetlands vegetation will be impacted as WETLANDS VEGETATION
transplant area is Phngmites Commune located above wetlands AT. � OUTTgR
Sae.
TowN OF got mmD
SUF �swff
NZIFTAIR
Soundings. Property Use. Topography. DAT! FEggUAHr 7. 1M
Wetlands Una And Treellas An Par
January ro. logo Suewy By Peconlo FOR SZOPBONSU 0O`VZ
r,
SurveyoP.0
ASWCUTTON
t1L` CLg37,DIC
B OF a serla t'�es
f11e Name tY+Pblw/treader/eldnw/wb6.dwg
X (CD
1
3
0 Q 03. a� �' * 3. v
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CD
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C=D a-CD v �+
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MOOMOOO :3
= 0 = -h ,-4.
i = cr A0 < Z
m > >
0 P.O. ^� S.
M CD
yO CD �, 3 <
C 00
2)- a a, O O
OF n CO * CO) " �-
o O 0 O CD 0 0
CD -~ m 3 :3 m C/)C0 � CD
CD
CD CD 0 m
30 o ,rt 02) iw — (D
m CD M-0 .�.� 0 O
CD
.0 (Dv
s CD �' OC CD n
PR a 30CD
aSa) ?
m CL = -"% ,rt <
m j j " 0 C410
to � CD fn O
o m � 0 ¢' m
-:� � � a
i 2LrfcrS _!cy a L Jc' al.t+ f.r.
RETURN THIS FORM TO: Regionwger • 4! oAP
Bureau of Marine 11abliat Protection
New York Stale Department of Environmental Conservation
Bldg. 40-SUNY, Room 223
Stony Brook, NY 11790-2356 Mwr v
MIahW D.Apb
CanmWlarr
PERMIT NO.: ISSUED TO:
CONTRACTOR NAME:
ADDRESS:
TELEPHONE:
Dear Sir:
Pursuant to Suppleerenf q Spedal CondWax D of the referenced permit, you are hereby notified that the authorized
activity shall commence on . We certify that we have read the referenced permit
and approved plane, and fully understand the authorized project and all permit conditions. We have inspected the project
site and can complete the project as described in the permit and depicted on the approved plane In full compliance with all
plan notes and permit conditions. Ther Permit Sigh, permit, and approved plane will be available at the aIle for Impaction
In accordance with General Condition No. 1.
PERMITTEE DATE
CONTRACTOR DATE
THIS NOTICE MUST BR SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS IN ADVANCE OP COMMENCBMBNT OF TDB
PROJECT. FAILURE TO RETURN TRIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS
AVAILABLE AT THE WORK SITE MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPUCABLB SANCTIONS AND
PENALTIES FOR NON COMPLIANCE WITH PERMIT CONDITIONS. (�
CN raaw k Any00 /
NO OF COMPLETION OF CONSTRUCT/ON
RETURN THIS FORM TO: Regional Manager
Bureau of Marine habitat Protection
New York Stale Department of Environmental Conservation
Bldg. 40-SUNY, Room 223
cr___ o...._r. MV11`111A V+m Air e� t
9EPARTMENT OF THE ARMY •
NEW YORK DISTRICT. CORPS OF ENGINEERS
02 :=ftrlO
JACOB K. JAYITS FEDERAL BUILDING
NEW YORK. N.Y. 70278-0090
May 15, 1996
p
Eastern Permits Section
SUBJECT: Application Number 90-0532-L2 by Sebastian Cove
Property Owners Association
Sebastian Cove Property Owners Assn.
c/o Mr. James Walker
Inter-Science Research Associates, Inc.
P.O. Box 1201
36 Nugent Street
Southampton, New York 11969-1201
Gentlemen:
On May 13 , 1996, the New York District, U.S. Army Corps of
Engineers, received an amended request for Department of the Army
authorization to replace approximately 221 linear feet of
bulkheads within 18 inches of existing bulkheads, plus 45 linear
feet of bulkhead in-kind and in-place, replace a boat launch ramp
and transplant approximately 325 square feet of tidal wetland
vegetation from the boat ramp area to an area south of the
reconstructed bulkhead. The site is located in Sebastian' s
Gutter at Mattituck, Town of Southold, Suffolk County, New York.
Based on information submitted to this office, our review of
the project indicates that an individual permit is not required.
It appears that the activities within the jurisdiction of this
office could be accomplished under an existing Department of the
Army nationwide general permit . The nationwide permits are
prescribed in Title 33 of the Code of Federal Regulations (33 CFR
330, Appendix A, Part B, No. 3) . The work may be performed
without further authorization from this office provided the
activity complies with the permit conditions listed in Appendix A
and any applicable regional conditions added by the State of New
York. A public notice 'issued from this office which describes
the nationwide permits and conditions for New York is enclosed
for your review.
The proposed transplanting of tidal wetland vegetation is
considered to be a minor deviation in the filled area at the
project site, which is permissible under this nationwide permit .
This determination covers only the work described in the
submitted material . Any major changes in the project may require
additional authorizations from the New York District .
Care should be taken so that constri1rtion ,materials;
including debris, do not enter the waterway to become drift or
pollution hazards .
This verification is valid for a period of two years from
the date of this letter, unless the Nationwide Permit is
modified, suspended or revoked. This verification will remain
valid for two years from the date of this letter if the activity
complies with the terms of any subsequent modifications of the
Nationwide Permit authorization. If the Nationwide Permits are
suspended, revoked, or modified in such a way that the activity
would no longer comply with the terms and conditions of a
Nationwide Permit, and the proposed activity has commenced, or is
under contract to commence, the permittee shall have 12 months
from the date of such action to complete the activity.
If any questions should arise concerning this matter, please
contact Sophie Ettinger, of my staff, at (212) 264-3912 .
incerely,
Ja es W. Haggerty Q
C ief, Eastern Permits Section
Enclosures
Public Notice
US Arany Crops
of Engineers
New York District Published,April 17, 1992
26 Federal Plaza
Now York. N.Y. 10278
•rrN. Regulatory Branch
CORPS OF ENGINEERS REGULATORY PROGRAM
REAUTHOR12ATION OF TIM NATIONWIDE PERMIT REGULATIONS
FOR THE STATE OF NEW YORE
The following information describes the U.S. Army Corps of
Engineers Nationwide General Permit Program for the State of New
York. The Corps of Engineers has been regulating activities in the
nation's waters since 1890. Until the 1960's the primary purpose
of the regulatory program was to protect navigation. Since then,
as a result of laws and court decisions, the program has been
broadened so that it now considers the full public interest for
both the protection and utilization of water resources.
The regulatory authorities of the Corps of Engineers described
in this public notice are based on the following statutes:
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.
403) prohibits the obstruction or alteration of navigable waters of
the United States without a permit from the Corps of Engineers.
Section 404 of the Clean Water Act (33 U.B.C. 1344) prohibits
the discharge of dredged or fill material into waters of the United
States without a permit from the Corps of Engineers.
Waterbodies, including wetlands, intermittent streams and
natural drainage courses, and lakes and ponds are waters of the
United States. Currently, the New York State Department of
Environmental Conservation (NYSDEC) regulates and maps state
freshwater wetlands that are 12.4 acres or more and in certain
Cases, smaller wetlands that are ecologically unique. A NYSDEC
determination classifying an area as a non-state regulated wetland
does not free a property owner from his or her obligation under the
Clean water Act. The Corps regulates the discharge of fill
material into wetlands and other waters, regardless of size.
An integral part of the Corps' regulatory program is the
concept of general permits for minor activities. Nationwide
permits are a type of general permit designed to regulate with
little, if any, delay or paperwork, certain activities having
minimal environmental impacts. The Nationwide permits found at 33
CFR Part 330, Appendix A, are issued by the Chief of Engineers and
are intended to apply throughout the entire United States and its
territories.
their connecting waterbodies, bays, harbors, shallows and marshes.
The NYSDOS's determination of Coastal Zone Management Consistency
for the Nationwide permits is also described in Enclosure #3 .
Prospective permittees planning to -conduct activities under
one or more Nationwide permits must comply with the applicable New
York State Department of Environmental Conservation and Department
of State Conditions listed in Enclosure #3 of this notice, as well
as all of the terms and conditions of the Nationwide Permit program
published in the Federal Reaister dated November 22 , 1991
[Enclosure #2] .
1
Joe h J. See e
Ch f, Regulat ry Branch
New York District
Corps of Engineers
A a,
C C > C W2 Cc2 DON
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4 ONLwYI
On November 22, 1991, the Corps of Engineers published in the
Federal Resister the final rules for the Nationwide Permit Program.
These rules became effective on January 21, 1992, 60 days from the
date of publication in the register.
The amendments include:
1) reissuing the existing Nationwide permits, some with
modifications,
2) issuing 10 new Nationwide permits, and
3) converting the Best Management Practices to Permit
Conditions.
An activity is authorized under a Nationwide permit only if
that activity and the permittee satisfy all of the Nationwide
permit 's terms and conditions. Unless a Nationwide permit contains
a condition requiring the applicant to notify the Corps prior to
undertaking the proposed activity, a written authorization is not
necessary. Activities that do not qualify for authorization under
a Nationwide permit may still be authorized by an Individual or
Regional General permit. The attached map [Enclosure #1] should be
consulted to determine the appropriate State or Federal regulatory
office that serves your area. A complete list of the Nationwide
permits and conditions, as published in the Federal Register, is
also attached [Enclosure #2] .
A New York State Department of Environmental Conservation
Water Quality Certification pursuant to Section 401 of the Clean
Water Act is required prior to the issuance of Nationwide permits
by the Corps of Engineers authorizing activities which may result
in a discharge into waters of the United States. The Water Quality
Certification is a determination that the discharge will comply
with established New York water quality standards. The NYSDEC's
determination of compliance with Section 401 of the Clean Water Act
for the Nationwide permits is described in Enclosure #3.
Similarly, a New York State Department of State (NYSDOS)
Coastal Zone Management Consistency Determination pursuant to
Section 307 (c) (1) of the Coastal Zone Management Act is required
prior to the issuance of Nationwide permits by the Corps of
Engineers for activities that would occur within, or outside New
York's coastal zone and will affect land, water uses or natural
resources of the coastal zone. The coastal zone means New York's
coastal waters and the adjacent shorelands to approximately one
thousand feet inland. It includes Lakes Erie and Ontario, the St.
Lawrence and Niagara Rivers, the Hudson River south of the Federal
dam at Troy, the East River, the Harlem River, the Kill van Kull
and Arthur Kill, Long Island Sound and the Atlantic Ocean, and
ENCIASVRE 02
NATIONWIDE PERMITS:
1. Aids to Navigation. The placement of aids to navigation and regulatory markers which are approved by
and installed in accordance with the requirements of the U.S. Coast Guard. (Sae 33 CFR Part 66, Chapter I,
suhehapter C). (Section 10)
2. structures in Artificial Canals. Structures constructed In artificial canals within principally
residential developments where the correction of the wet to a navigable water of the United States has been
previously authorized (see 33 CFR 322.5(g)). (Section 10)
3. Maintenance. The repair, rehabilitation, or replacement of any previeusiy authorized, currently
serviceable, structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3,
provided that the structure or fill is net to ha put to uses differing from those uses specified or contemplated
for it in the original permit or the most recently authorized modification. Nfner deviations in the structure's
configuration or filled area including those due to Manges in materials, construction techniques, .or current
construction codes or safety standards which are necessary to make repair, rehabilitation, or replacement are
permitted, provided the environmental impacts resulting from such repair, rehabilitation, or replacement are
minimal. Currently serviceable macre useable as is or with some maintenree, but not so degraded as to
essentially require reconstruction. This nationwide permit authorizes the repair, rehabilitation, or
replacement of these structures destroyedby storms, floods, fin or other discrete events, provided the repair,
rehabilitation, or replacement is comoneed or under contract to commence within two years of the date of their
destruction or damage. In cases of catastrophic events, such as hurrfcarws or tornadoes, this two-year limit
may be waived by the District Engineer, provided the permittee can demonstrate funding, contract, or other
similar delays. Maintenance dredging and beach restoration are rot authorized by this nationwide permit.
(Section 10 and 404)
4. Fish and Wild(If* Harvesting. Enhanceeent. and Attraction Devices and Activities. Fish and wildlife
harvesting devices and activities such ea pound nets, crab traps, crab dredging, eel pots, lobster traps, duck
blinds, clam and oyster digging; and small fish attraction devices such as open water fish concentrators (sea
kites, etc). This nationwide permit authorizes shellfish seeding provided this activity does not occur in
wetlands or vegetated shallows. This nationwide permit don rot authorize artificial reefs or impoundments and
semi•inpmndsents of waters of the United States for the culture or holding of motile species such as lobster.
(sections 10 and 404)
5. Scientific Measurement Devices. Staff gages, tide gages, water recording devices, water quality
testing and improvement devices and similar structures. Small weirs and flumes constructed primarily to record
water quantity and velocity are also authorized provided the discharge is limited to 25 cubic yards and further
for discharges of 10 to 25 cubic yards provided the perwfttes notifies the district engineer in accordance with
"Notification" general condition. (Sections 10 and 404)
6. Survey Activities. Survey activities including core sampling, seismic exploratory operations, and
plugging of seismic shot holes and other exploratory-type Don holes. Drilling and the discharge of excavated
material from test wet Is for oil and gas exploration is not authorized by this nationwide permit; the plugging
of.suth wells is authorized. Fill placed for rdaha, pads and other similar activities is rot authorized by this
nationwide permit. The discharge of drilling muds and cuttings may require a permit under Section 402 of the
Clean Water Act. (Sections 10 and 404)
7. Outfall Structures. Activities related to construction of outfall structures and associated intake
structures where the effluent from the outfall is authorized, conditionally authorized, or specifically
exempted, or are otherwise in compliance with regulations issued under the National Pollutant Discharge
Elimination System program(Section 402 of the Clean Water Act), provided that the nationwide permittee notifies
the district engineer in accordance with the "Notification general condition. (Also see 33 CFR 330.1(e)).
Intake structures per se are not included - only thou directly associated with an outfalt structure. (Sections
10 and 404)
a. pit and Gas structures. Structures for the exploration, production, and transportation of oil, gas,
and minerals an the outer continental shelf within areas leased for such purposes by the Department of the
Interior, Minerals Management Service. Such structures shall not be pieced within the limits of any designated
shipping safety fairway or traffic separation Schnee, except temporary anehOrs that comply with the fairway
regulations in 33 CFR 322.5(1). (Where such limits have not been designated, or where changes are anticipated,
district engineers will consider asserting discretionary authority in accordance with 33 CFR 330.4(e) and wits
also review such proposals to ensure they comply with the Provisions Of the fairway regulations in 33 CFR
322.50)). Such structures will not be placed in established danger zones or restricted areas as designated
in 33 CFR Part 334: nor wit such structures be permitted in EPA or Corps designated dredged material disposal
areas. (section 10)
9. Structures in Fl toting and Anchorage Areas. Structures, buoys, floats, and other devices placed within
anchorage or fleeting areas to facilitate moorage of vessels where such areas have been established for that
purpose by the U.S. Coast Guard. (Section 10)
10. Mooring Buoys. Non-commercial, single-boat, mooring buoys. (Section 10)
11. Temporary Recreational Structures. Temporary buoys, markers, small floating docks, and similar
structures placed for recreational use during specific events such as water skiing competitions and boat races
or seasonal use provided that such structures are removed within 30 days after use has been discontinued. At
Corps of Engineers reservoirs, the reservoir manager scat approve each buoy or marker Individually. (section
10)
12. Utility Line Backfill and Bedding. Discharges of material for backfill or bedding for utility liras,
including outfall and intake structures, provided there is no doge in preconstruction contours. A -utility
Line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquefiable, or slurry
substance, for any purpose, and any cable, line, or wire for the traromission for any purpose of electrical
energy, telephone and telegraph messages, and radio and television communication. The tenr. "utility line" does
not include activities which drain a water of the United States, such as drainage tile, however, it does apply
to pipes conveying drainage from another area. Material resulting from trench excavation may be temporarily
sidecast (up to three months) into waters of the United States provided that the material is not placed in such
a manner that it is dispersed by currents or other forces. The DE may extend the period of temporary side-
casting rep to 1W days, where appropriate. The area of waters of the United States that is disturbed must be
limited to the minimum necessary to construct the utility lin. In wetlands, the top 6" to 12" of the trench
should generally be backfilled with topsoil from the trench. Excess material must be removed to upland areas
immediately Won completion of construction. Any exposed slopes rd streember" must be stabilized immediately
upon completion of the utility lin. The utility lin itself will require a Section 10 permit if in navigable
waters of the United States. (See 33 CFR Part 322). (section 404)
13. Bank Stabilization. Bank stabilization activities necessary for erosion prevention provided:
a. No material is placed in excess of the minimum needed for erosion protection;
b. The bank stabilization activity is less than 500 feet in tergth;
C. The activity will ret exceed an average of an obit yard per naming foot placed along the bank
below the plane of the ordinary high water mark or the high tide lin;
d. No material is placed in any special aquatic site, including wetlands;
e. No material is of the type or is pieced in any location or in any manner so as to impair surface
water flow into or out of any wetland area;
I. No material is placed in a manner that will be eroded by tweet or expected high flows (properly
anchored trees and treetops may be used in low energy arum); rd,
S. The activity is pen of a single rd complete project.
Bank stabilization activities in excess of 500 fest in length or greater than an ewrogs of on rabic yard per
running foot may be authorized if the permittee notifies the district engiLaer in accordance with the
"Notification" genrat condition and the district engineer determines tba activity cWt Its with the other terms
and condition of the nationwide permit and the adverse emniraeasntat impacts are minimal both individual Ly and
amulativety. (Sactfons 10 and 404)
14. Road Crossing. Fills for roads crossing waters of the United States (including wetlands and other
special aquatic sites) provided:
a. The width of the fill is limited to the minima necessary for the actual crossing;
b. The fill placed in waters of the United states is limited to a filled area of no more than 1/3
acre. Furthermore, no more than a total of 200 linear fest of the tilt for the roadway can occur in special
aquatic sites, including watlads;
c. The crossing is culverted, bridged or othewiu desfBnad to prevent the restriction of, and to
withstand, expected high flows and tidal flows, and to prevent the restriction of low flows and the movement
of aquatic organism;
d. The crossing, including all attendant features, beth temporary std permanent, is part of a single
and complete project for crossing of • water of the United States; and,
e. For fills in special aquatic sites, including wetlands, the permittn notifies the district
engineer in accordance with the "Notiffestion" general condition. The notification ant also include a
dot inastion of affected spacial aquatic sites, including wetta ds.
Some road flits may be eligible for an exemption from the need for a faction 404 permit altogether (see 33
CFR 323,4). Also, where local circumstances indicate the need, district engineer@ will define the term
"expected high flows" for the purpose of establishing applicability of this nationwide permit. (Settfons 1D
and 404)
15. U.S. cast Guard Amraved Rrifees. Discharges of dredged or fill material incidental to the
Construction of bridges aeroes navigable voters of the United States, including cofferdams, abutments,
foundation vols, Piers, and temporary construction and more" fills provided such discharges have been
authorized by the U.S. Coast Guard as part of the bridge permit. Causeways and approach fills are not included
in this nationwide permit and will require an individual or regional Section 404 permit. (Section 404)
16. Return water From tlolard Contained Dismosel Areas. Return voter from an upland, contained dredged
material disposal arae. The tlretlpinp itself requires a Section 10 permit if Located in navigable motors of the
United States. The return water from a contained disposal area is administratively defined as a discharge of
dredged material by 33 CFR 323.2(4) even though the d!spesal itself occurs on the upland arid thus does not
require a Section 404 permit. This nationwide permit satisfies -the technical requirement for a Section 404
Permit for the return water where the quality of the return voter is controlled by the state through the Section
401 certification procedures. (Section 404)
17'. Nvdrodover Projects. Discharges of dredged or fill material associated with (a) all hydropower
Projects at existing reservoirs where the project, whish includes the fill, isLicensed by the Federai Energy
Regulatory Commission (FERC) Under the Federal Power Act of 1920, as amu . ; and hes a total generating
Capacity of not more than 5000 KW; and the permittee notifies the district engfneer in accordance with the
"Notification" general condition; or (b) hydropower projects for which the FERC has granted an exemption from
licensing pursuant to Section 4OS of the Energy Security Act of 1980 (16 U.S.C. 2795 and 2708) and Section 30
of the Federal Power Act, as amended; provided the permittee notifies the district eng!reer in accordance with
the "Notification" general condition. (Section 404)
18. Minor Discharges. Minor discharges of dredged or fill material into all waters of the united States
provided:
a. The discharge does not exceed 25 cubic yards;
b. The discharge will not cause the las of more then 1/10 acre of a opesial aquatic site, includfng
wetlands. For the purposes of this nationwide permit, the acreage limitation includes the filled area plus
special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that
they would no longer be a water of the United states as a result of the project;
c. If the discharge exceeds 10 cubic yards or the d!scharge is in a special aquatic size, including
wetlands, the permittee notifies the district engineer in accordance with the "Notification" general condition.
For discharges in special aquatic sites, including wetlands, the notification ant also include a delineation
of affected special aquatic sites, including warlords. (Also see 33 CFR 330.10)); and
d. The discharge, including all attendant features, both temporary and permanent, is part of a
single and complete project and is not placed for the purpose of stream diversion. (Sections 10 and 404)
19. Minor Dredging. Dredging of no more than 25 cubic yards below the plane of the ordinary high water
mark or the mean high water mark from navigable voters of the United States as part of a single and complete
project. This nationwide permit does not authorize the drafting or degradation through siltation of carat
reefs, submerged aquatic vegetation, asdrasout fish spawning areas, or wetlands or, the connection of canals
or other artificial waterways to navigable voters of the United States (fes Section 33 CFR 322.5(g)). (Section
10)
20. Oil Soilt Clean—IML Activities required for the cartel mart and cleanup of oil and hazardous
substances which are subject to the National Oil and Hazardous Substances Pollution Contingency Plan, (40 CFR
Part 300), provided that the work is fore in accordance with the Spilt Control are Countermeasure Plan required
by 40 CFR 112.3 and any existing State contingency plan and provided that the Regional Response Team (if one
exists in the area) concurs with the proposed containment and cleanup action. (Sections 10 and 404)
21. Surface cal Mining Activities. Activities associated with surface cal mining activities provided
they are authorized by the Department of the Interior, Office of surface Mining, or by states with approved
program oder Title V of the Surface Mining Control and Reclamation Act of 1977 and provided the permittee
notifies the district engineer in accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification ant also include a delineation of affected special
aquatic sites, including wetlands. (Also see 33 CFR 330.1()). (Ssctiona 10 and 404)
22. Removal of Vessels. Temporary structures or minor discharges of dredged or, fill material required
for the removal of wrecked, abandoned, or disabled vessels, or the removal of man-made obstructions to
mv'gation, This titicIfdo permit does rot authorize the raeavat of vessels listed or determined eligible for
iisting an the National Register o: Hictoric =laces unless the district eginir is ratifled and indicates that
there is canpl ionce with the "historic Properties" generai candit Jan. This nationwide permit does not authorize
maintenance dredging, shoal removal, o: river bank snagging. Vassal disposal in waters of the United States
may need a permit from EPA (see 40 CFR 229.3;. (Section 10 and 404)
23. Activities undertaken, assisted, authorized, regulated, funded, or
financed, in whole or nn part, by another Federal agency or department nacre that agency cr department has
determined, pursuant to the C.aaeil on Environmental Quality Regulation for Implementing the Procedurat
Provisions of the Nations[ Environments: Policy Act (40 CFR Part 1500 at sap.), that the activity, work, or
discharge is categorically exc;uded from envirormentat documentation because it is included within a category
of action which neither individually nor cumulatively haw a significant effect an the human environment, and
the Office of the Chief of Engineers (ATTN.- CSCW-OR) bas been furnished notice of the agency's or department's
application for the categorical exclusion and concurs with that determination. Prior to approval for purposes
of this nationwide permit of any agency's categorical exclusions, the Chief of Engineers wit( solicit public
comment. to addressing these comments, the Chief of Engineers may require certain condition for 3uthorizatior.
Of an agency's categorical exclusion under this nationwide permit. (Sections 10 and 404)
2<. inf i Pr Any activity permitted by a state administering its own
susn
Section 464 permit p:ogram purt to 3 U.
S.C. 3K(g)-10 is permitted pursuant to Section 10 cf the Ri+ens
and Harbors Act of 1899. Those activities which de not fnvetw a Section 404 state permit are not included it
this nationwide permit, but certain stroctures ::iii be exempted by Sec. 354 of Pl. 94-567, oD Stat. 291.7 (3:
U.S.C. 590 (see 33 CFR 322.3(&)(2)). (Section 10)
25. Struttural Discharge. Discharges of materia: such as concrete, send, rock, etc. into tight:v str:_o
forms or Celts mere the material wit! W used as s structural member for stend:rd pile s.rnported structures,
such as piers and docks; and for liner projects, such sa bridges, t:snsm:sicn tine factings, and waikwars.
The NWP does roF authorize filled structure( members that would supporc bwfldings, hones, parking areas, storage
areas and ctner such structures. Housepade or other building pads are also not inctuded in this nationwide
Permit. The structure itself may require a Section 10 permit if located in navigabte waters o4 the United
States. (Section 404)
26. Headwaters aid lWated Waters Discnaraes. Discnargas of dredged or fill material into headwaters
and isolated waters provided:
a. The discharge does not cause the toss of more then .O acres o' waters of t•e Ur.itel States;
b. The permittee not'fits the district engineer if the discharge would cause the loss of waters of
the United States greater than one acre in ac_ordance with tht"Soti`.ieation' general condition.. For C'schtrges
in special aquatic sites, including wtlands, the notification must also include a detinestfon of srected
special sountic sites, including wetlands. (Also see 33 CFR 330.1(0)); and
c. The discharge, incl,W-'.::g a(( attendant feat--res, both teprrary and ,:*r••anent, is cart "
single and complete project.
For the purposes of th's net?owids permit, the screa;e of toss of wttrs o` the united States includes r'e
filled area plus waters of the Un'ted States that are adversely affected by f(oodirg, excavation Cr orairage
as a result of the project. The tan-acre and ora-acre limits of RWP 25 are absolute, ave cannot be Increase•-'
by any mitigation pian offered W, the applicant or required by the DE.
Subdivisio-'s: For any ;eat estate sutdivision created or subdivided after October i, 1934, a notification
pursuant to subsection (b) of this nationwide permit is required for any discharge which would cause the
aggregate total loss of waters of the t;nite' States for the entire Sbdivision to exceed one (1) acre. Any
discharge in any real estate subdivision whish would cause the sggregete total loss of waters of the United
States in the subdivision to exceed ten (10) acres is not authorized by this nationwide permit; unless the DE
exempts ■ particular subdivision or parcel by making a written determination that: (1) the individual and
cumulative adverse environom at effects would be minimal and the property owner had, after October S, 1984,
but prior to [Inert dote, 60 days from data of publidetion in the Federal Resister), committed substantial
resources in reliance an NWP 26 with regard to a swbdivision, in circumstances where it would be inequitable
to frustrate his investment-backed expectations, or (2) that the individual end cumulative adverse envirowenw
effects would be minimal, high quality wetlands would not be altooMLy affected, and there would be an overall
banef it to the aquatic emiraaatnt. Once the exemption is astaelighnd for a subdivision, subsequent lot
development by individual property avers day proceed using MW 26. For purposes of mi 26, the term --rest
estate subdivision" shalt be interpreted to include eirastaa:ee where a landoesr or developer divides a tract
of Land into snstler parcels for the purpose of setting, eonv0ying, transferring, leasing, or developing said
pertain. This would include the entire aro of a residential, commercial or other real estate subdivision,
including all percale and parts thereof. (Section 404)
27. Wetland and Riparian Restoretian and Creation Activities. Activities in waters of the United States
associated with the restoration of altered ant degraged ren-tidal wetlends and creation of wetlands an private
Lends in accordance with the terms and conditions of a binding wetland restoration or creation agreement between
the landowner and the U.S. Fish and Wildlife Service (u$FWS) 'or the soil Coneerwtion Service (SCS); or
activities associated with the restoration of altered and degraded nark-tidet wetlands, riparian areas and
creation of wetlands and riparian areas on U.S. Forest Service and Bureau of Land Management lards, Federal
surplus lands (e.g., military lards proposed for disposal), Farmers Name Administration inventory properties,
and Resolution Trust Corporation inventory properties that are under Federal control prior to being transferred
to the private sector. Such activities include, but are not limited to: Installation and maintenance of small
Nater control structures, dikes, and berms; backfilling of existing drainage ditches; removal of existing
drainage structures; construction of small nesting islands; and other related activities. This nationwide
permit applies to restoration projects that serve the purpose of restoring •natural• Watford hydrology,
wgttatfon, and function to altered and degraded nomtidal wetlands and "natural" functions of riparian areas.
For agreement restoration and creation projects only, this nationwide permit also authorizes any future
discharge of dredged or fill meteriel associated with the reversion of the area to its prior condition and use
Cf.*., prior to restoration oder the agreement) within five years after expiration of the limited term wetland
restoration or creation agreement, even if the discharge occurs after this nationwide permit expires. The
prior condition will be documented in the original agreement, and the determination of return to prior
conditions will be made by the Federal agency executing the agreement. once an area is reverted back to its
prior physical condition, it Witt be subject to whatever the Corps regulatory requirements will be at that
future date. This nationwide permit does not authorize the conversion of naturai wetlands to another aquatic
use, such as creation of waterfowl iapoualnento where a forested wetland previously existed. (Sections 10 and
404)
28. Modifications of Existing Marinas. Reconfigurations of existing docking facilities within an
authorized marina area. No dredging, additional. slips or dock spaces, or expansion of any kind within waters
of the united States are authorized by this nationwide permit. (Section 10)
29. RESERVED
30. RESERVED
31. RESERVED
32. Completed Enforcement Actions. Any structure, work or discharge of dredged or ftll material
undertaken in accordance with, or retaining in piece in compliance with, the terms of a final Federal court
decision, consent decree, or settlement agreement in an enforcement action brought by the United States under
Section 404 of the Clean water Act and/or Section 10 of the Rivers and Norbors Act of 1899. (Sections 10 and
404)
33. Temporary Construction. Access and Dewatering. Temporary structures and discharges, including
cofferdam, necessary for construction activities or access fills or dowstering of construction sites; provided
the associated permanent activity Was previously authorized by the corps of Engineers or the U.S. Coast Guard,
or for bridge construction activities not abject to Federal regulation. Appropriate measures Must be taken
to maintain near normal downstream flows and to minimize flooding. Fill must be of materials and placed in a
manner that wilt not be eroded by expected high flows. Temporary fill mat be entirely removed to upland areas
following completion of the construction actfvity a d the affectedarea restored to the pre-project conditions.
Cofferdams cannot be used to dewster wetlands or other aquatic areas ea as to change their ume. structures left
in place after cofferdam are removed require a Section 10 permit if touted in navigable waters of the united
States. (See 33 CFR part 322). The permittee oat notify the district engineer' in accordance with the
"Notification" genera: condition. The notification not also include a restoration plan of reasonable measures
to avoid and minimize impacts to aquatic resources. The district engineer will NO special conditions, where
necessary, to ensure that adverse environmental impacts are minimal. Such conditions may include: limiting
the temporary work to the rinfoxm necessary; requiring seasonal restrictions; modifying the restoration plan;
and requiring alternative construction methods (e.g. construction mats in wetlands where practicable). This
nationwide permit does not authorize temporary structures or fill associated with mining activities or the
construction of marina basins which have net been authorized by the Corps. (Sections 10 and 404)
-
34. CRANBERRY PRODUCTION ACTIVITIES: Discharges of dredged or fill material for dikes, berme, pups, water
control structures or Leveling of cranberry beds associated with expansion, wham est, or modification
activities at existing cranberry production operations provided:
a. The cumulative total acreage of disturbance per cranberry prdductfon operation, including
but not limited to, filling, flooding, ditching, or clearing, does not exceed 10 acres of waters of the United
States, including wetlands;
b. The permittee ndtiffi s the District Engineer fn accordonea with the ndtiffcatim procedures;
and
c. The activity does not result in a net loss of Watland acreage.
This nationwide permit does not authorize any discharge of dredged or fill material related to other cranberry
production activities such as warehouses, processing facilities , or parking areas. For the purposes of this
nationwide permit, the cumulative total of 10 acres will be matured over the period that this nationwide permit
is valid. (Section 404)
35. Maintenance Dredging of Existing Basins. Excavation and removal of accuanfoted sediment for
maintenance of existing marina basins, canals, and boot slips to previously authorized depths or controlling
depths for ingress/egress whichever is less provided the dredged arterial is disposed of at an upland site and
prover siltation controls are used. (Section 10)
36. Root Ramos. 4etfvities required for the construction of bat raps provided:
a. The discharge into motors of the United States data not exceed SO ethic yards of concrete, rock,
crushed stone or gravel into forms, or piseamant of pre-cost concrete planks or slabs. (Unsuitable material
that causes unacceptable chemical pollution or is structurally eatable is not authorized);
b. The boot ramp does rot exceed 20 feet in Width;
c. The base material is crushed stone, gravel or other suitable arterial;
d. The excavation is limited to the area necessary for site preparation and all excavated motorial
is removed to the bland; and
e. No material is placed in special aquatic sites, including wetlands.
Dredging to provide seems to the bat ramp may be authorized by another NWP, regional generei permit, cr
individual permit pursuant to Section 10 if located in navigable Meters of the United States. (See-ions iL anc
404)
37. Emergency Watershed Protection and Rtbobilitation. Work done by or funded by the Soil Conservation
Service qualifying as an "exigency" situation (requiring immediate action) under its Emergency Watersned
Protection. Program (7 CFR Part 524; and Work done or its ded by the Forest Service under its Burned-Ares
Emergency Rehaoilitation Handbook (FSH 509.13) provided the d(strict engineer is notified in accordance wi r
the notification gemxrai condition. (Also see 33 CFR 330.1(e)). (Sections 1.0 and 404;
38. Cleanup of Hazardous and Toxic Waste. Specific activities rewired to effect the containment,
stabilization or removal of hazardous or toxic Waste materials that are performed, ordered, or sponsored by a
goverment agency with established Legal or regulatory authority provided the permittee notifies the district
engineer in accordance with the -Notifiation - general condition. For discharges in special aquatic sites,
including wetlands, the notification oust also include a delineation of affected special aquatic sites,
including wetlands. Court ordered remedial action plans or related settlements are also authorized by this
nationwide permit. This nationwide omit does not authorize the establishment of new disposal sites or the
exansion of existing sites used for the disaosal of r.zzardc,b or Laic waste. (Sections 10 and 4041
39. RESERVED
40. Farm Buildings. Discharges of dredged or fill material into jurisdictional wetlands (but not
including prairie potholes, playa lat,e<-, or vernal pals) that were in agriculture' crop production or'cr :o
December 23, 1985 %i.e., farmed Watteros) for fourdations and building pads for buildings or agr:c_l:.rah
related structures nectssrry for farming activities. The discharge will be limited to the minimum necessary
but will in no east exceed 1 acre is" the -Minimization- Section 404 only condition). (Section 404)
NATIONWIDE PERMIT CONDITIONS
GENERAL CONDITIONS: The following general conditions must be foLtowad in order for any authorization bV a
nationwide permit to be valid:
1, Novisation. No activity may cause more than a minimal adverse effect an navigation.
2. Prover maintenance. Any structure or fill authorized shall be properly maintained, including
maintenance to ensure public safety.
3. Erosion " siltation controls. Appropriate erosion and siltation controls must ba wad and maintained
in effective operating condition during construction, and all exposed soil and other filis must be permanentiy
stabilized at the earliest practicable date.
4. Aquatic l(fe mevahmants. No activity may substantislt: disrupt the movement of those species of aquatic
life indigwmmm to the waterbody, including those species which normally migrate through the area, unless the
activity's primary purpose is to iapourd water.
S. Ewimnent. Heavy equipment working in wetlands moot be placed on mats or other measures must be taken
to minimize soil disturbance.
6. Rectorial and ease-by-cose conditions. The activity nest amply With any regional conditions which may
have bean added by the division enginter (sec 33 CFR 330.4(e)) and any case specific conditions added by the
Corps.
7, Wild and Scenic Riven. No activity my occur in a component of the National Wild and Scenic River
•
system; or in a river officially designated by Congress as a •study river- for possible inclusion in the system,
while the river is in an official study status. Information on Wild and scenic Rivers may be obtained from the
National Park Service and the U.S. Forest Service.
8. Tribal rights. No activity or its operation may impair reserved tribal rights, including, but not
Limited to, reserved water rights and treaty fishing and hunting rights.
9. Water anality certification. In certain slates, an individual state wren quality certification oust
be obtained er calved (see 33 CFR 330.4(c)).
10, Coastal zone monaaemenc. In certain states, an individual state coastal zone management consistency
concurrence mat be obtained or waived. (sae 33 CFR 33O.4(d)).
11. Endangered Species. No activity is authorized Under any NLP Which is likely to jeopardize the
continued existence of a threatened or endangered species or a species proposed for such designation, as
identified oder the Federal Endangered species Act, or which is likely to destroy or adversely modify the
critical habitat of such species. Nen-federal permittees shall notify the district engineer if any .fisted
species or critical habitat might be affected or is in the vicinity of the project and shall not begin work on
the activity Until notified by the district engineer that the requirements of the Ersmigered Species Act have
been satisfied and that the activity is authorized. Information on the location,of threatened and endangered
species and their critical habitat can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service. (see 33 CFR 330.:0))
12. Historic oroxrtfes. No activity Which may affect Historf: properties listed, or eligible for
listing, it the National Register of Historic Places is authorized, - ttM the DE has complied with the
provisions of 33 CFR 325, Apperdis C. The prospective permittee oust notify the district engineer if the
authorized activity may affect try historic properties listed, determined to be eligible, or which the
prospective permittee has reason to oelieve may be eligible for listing an the National Register of Historic
Places, and shall not begin the activity until notified by the District Engineer that the requirements of the
National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the
I ocat ion and existence of historic resources bar be ob:a'ned from the State Ni steric Preservation Office and
the National Register of Historic Places (sae 33 CFR 330.4(8)).
13. Notif Icarian, (a) Where required by the teras of the NWP, the prospective permittee must notify the
District Engineer as early as possible and shall not begin the activity:
(i) Until notified by the District Engineer that the activity may proceed oder the NWP with any
special conditions imposed by the district or division engineer; or
(2) If notified by the District or Division engineer that an individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt of the notification and the
prospective permittee has not received notice from the District or Division Engineer. Subsequently, the
permittee's right to proceed under the NWP may be modiffed, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(D) The notification must be in writing and include the following information and any required fees.-
(1)
ees:(1) Nam, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of tie proposed project; the project's purpose; direct and indirect adverse
environmental effects the project would cause; any other NWP(s), regional general permit(s) or individual
permit(s) Used or intended to be used to authorize awry pert of the proposed project or any related activity;
(4) Where required by the teras of the NW, a delineation of affected special aquatic sites, including
wetlands; and
(5) A statement that the prospective permittee has contacted;
(i) The USFWS/NMFS regarding the prosence-of any Federally listed (or proposed for listing) endangered
or threatened species or critical habitat fm the permit area that may be affected by the proposed project; and
any available information provided by those agencies. (The crospective permittee may contact Corps District
Offices for USFWS/NMFS agency contacts and lists of critical habitat.)
(ii) The SHPO regarding the presence of any historic properties in the permit area that may be affected
by the proposed project; and the available information, if any, provided by that agency.
(c) The standard individwi permit application form (Form ENG 4365) may by used as the notification but must
clearly indicate that it is a PDN and must include all of the information required in (b)(1)-(5) of General
Condition 13.
(d) In reviewing an activity Under the notification procedure, the District Engineer wilt first determine
whether the activity will result in more than minimal individual or cumulative adverse environmental effects
or will be contrary to the public interest. The prospective permittee may, at his option, submit a proposed
mitigation plan with the predischarge notification to expedite the process and the District Engineer will
consider any optional mitigation the applicant has included in the proposal in determining whether the net
adverse environmental effects of the proposed work are minimal. The District Engineer will consider any
comments from Federal and State agencies concerning the proposed activity's compliance with the teras and
conditions of the nationwide permits and the need for mitigation to reduce the project's adverse environmental
effects to a minimal level. The district engineer will upon receipt of a notification provide immediately (e.g.
facsfnite transmission, overnight mai( or othe- expeditious manner) a copy to the appropriate offices of the
Fish and Wildlife Service, State natural resource or rater quaiity agency. EPA, and, if appropriate, the
National Marina Fisheries Service. With the exception of MWp 37, these agencies rill then have 5 calendar days
from the date the material is transmitted to telephone the District Engineer if they intend to provide
substantive, site-specific comments. 11 so contacted by an agency, the District Engineer will wait an
additional 10 calendar days before making a decision on the notification. The District Engineer will fully
consider agency comments received within the specified time frame, but will provide no response to the resource
agency. The District Engineer will indicate in the administrative record associated with each notification that
the resource agencies' concerns were considered. Applicants are encouraged to provide the Corps multiple copies
of notifications to expedite agency notification. if the District Engineer determines that the activity
complies with the teras and conditions of the NWP and that the adverse effects are minimal, he will notify the
permittee and include any conditions he deans necessary. If the District Engineer detereines that the adverse
effects of the proposed work are more then minima:, then he rill notify the applicant either: Cl) that the
project does not qualify for authorization sorer the NW and instruct the applicent on the procedures to seek
authorization under an individual permit; or (2) that the project is authorized under the nationwide permit
subject to the applicant's submitting a mitigation proposal that would reduce the adverse effects to the minimal
Level. this mitigation proposal must be approved by the District Engineer prior to commanoing work. If the
prospective permittee elects to submit a mitigation plan, the DE Will expeditiously review the proposed
mitigation plan, but will not commence a second 33-day notification procedure. if the net adverse effects of
the project (with the mitigation propesaf) are dot-,rmfned by the District Engineer to be minimal, the District
Engineer will provide a timely written response to the applicant informing him that the project can proceed
under the terms and conditions of the nationwide permit.
(e) Wetlands Delineations: Wetland delinestions mast be prepared in accordance with the current method
required by the Corps. The permittee may psi the Corps to delineate the special aquatic site. There may be
some delay if the Corps dies the del'neatior. Furttermare, the 3G•day peric! vi;t not start until the wettand
delimotion has been completed.
(f) Mitiaotion: Factors that the ;,istrict Engineer will consider when cote-mining the acceptability of
appropriate and practicable mftigation include, but are not limited tot
(1) To be practicable the mitigation mit be available and capable of being done considering costs,
existing technology, and logistics in light of overall project purposes;
(2) To the extent appropriate, percittees should consider mitigation banking and other forms of
mitigation including contributions to wetland trust funds, which contribute to the restoration, creation,
replacement, enhancement, or preservation of wetlands.
Furthermore, examples of mitigation that may ba apprepriate and practicable include but are not timited to:
reducing the size of the project; establishing buffer zones to protect aquatic resource values; red reptacin5
the loss of acriatic resource values by c-esting, restoring, and sllhancing similar functions and values. In
addition., mitigation must address impacts aid cannot be used to offset the acreage of wetland losses that would
occur in order to meet the acreage limits of sane of the nationwide permits (e.g. 5 acres of wetlands cannot
be created to change a 6 ar-e loss of wetlands to a 1 acre loss; however, the 5 created acres can be use! :^
reduce tSe impacts of the 6 acre Loos,,
SECT;ON 404 ONLY CONDITIONS: in addition to the General Conditions, the following conditions apply only to
activities that involve the cisciarre of dredged or fill material and must be followed :n order for
authorization by zhe nationwide zerr,.ts be va(;d:
1. Water supply intakes. No discharge of dredged or fill material may occur in the proximity of a public
water supply fntexe except where the discharge is fer repair of tie public water supply intake structures or
adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may occur in areas of concentrated
shellfish production, unless the discharge is airectly related to a Shellfish harvesting activity authorized
by nationwide permit 4.
3. Suitable material. No discharge of dredged or fill material may consist of suitable material (e.g.,
trash, debris, car bodies, etc.) and material discharged mot be free from toxic pollutants in toxic amounts
(see section 307 of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill motorist into voters of the United States must be minimized
or avoided to the maximum extent practicable at the project site (i.e. on-site), unless the DE has approved a
compensation mitigation plan for the specific regulated activity.
5. Spawning areas. Discharges in spawning areas during spawning seasama must be avoided to the maximum
extent practicable.
6. obstruction of high flows. To the maximum extant practicable, discharges ant not permanently restrict
or impede the passage of normal or expected high flows or cause the relocation of the cuter (unless the primary
purpose of the fill is to impound waters).
7. Adverse impacts from impoundments. If the discharge creates nen impoundment of water, adverse impacts
on the aquatic system cowed by the accelerated passage of water rd/or the restriction of its flow shall be
minimized to the m utfamze extent practicable.
D. Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl mint be avoided to
the maximize extent practicable.
9. aemgval of teeoorery fills. Any temporary fills must be removed in their entirety and the affected
areas returned to their preexisting elevation.
ENCLOSURE #3
(A) The following is a list of activity specific conditions associated
with the Nov York State water Quality Certification (WQC) and Coastal Zone
Management Consistency Concurrence (CZM) . In addition, paragraphs (8) and
(C) contain conditions that apply to some or all of the Nationwide permit
activities. If a Nationwide Permit is considered denied by either Nyapsc
or NYSDOB. as indicated in the followinc list, an individual proiect
specific WOC and/or CZM concurrence is recuired prior to undertaking the
activity.
(i) Aids IQ Navication
WQC:
Not Applicable
CZM:
Denied
(2) .Structures in Artificial Canals
WQC:
Not Applicable
CZM:
1. No structures may be placed in, on or over the
waters of the canals, except for facilities that are
used for or essential to water dependent activities.
2. Facilities- that are used for, or essential to water
dependent activities shall: (1) not be placed in a
vegetated wetland or special aquatic site; (2) be
limited to one structure per lot; and (3) not extend
more than 50 feet into the canal or a distance no
greater than 25 percent of the width of the canal,
whichever is less.
3. Shoreline stabilization structures (e.g. bulkheads,
revetments) must be placed at or above the line of mean
high water or ordinary high water.
(3) Maintenance
WQC:
None
CZM:
1. The size of a previously authorized structure or
fill shall not be increased.
2. Replacement of a structure or fill destroyed by a
storm, flood, fire or other discrete event must occur
within one year of the event.
(4) ZJjLh Aad Wildlife 8arnestina, Enhanasaent, j" Attraction
Devices Wd Activities
WQC:
None
CZM:
None
(5) saientific 8easurssuat Devices
WQC:
None
CZM:
None
(6) Survey Activities
WQC:
None
CZM:
1. Activities will not be undertaken in fish and
shellfish spawning areas during spawning seasons or in
migratory waterfowl stopover and breeding areas during
migration and breeding seasons.
2. Activities will not occur in public water
recreational areas nor at locations adjacent to such
areas where the authorized survey activities would
adversely affect public recreational uses.
(7) Outfall Structures
WQC:
None
CZM:
Denied
(8) 2U AM¢ gag structures
WQC:
None
CZM:
Denied
(9) Structures in lieetina And Aachorace Areas
WQC:
Not Applicable
CZM:
Denied
(10) Moorin Buoys
WQC:
Not Applicable
CZM:
None
(11) Tempora ry Recreational structures
WQC:
None
CZM:
1. Small floating docks shall not exceed 6 feet in
width, 100 feet in length and 600 square feet in total
surface area.
2 . Other floating structures shall not exceed 200
square feet in total surface area.
3 . No floating dock or similar structure shall be
placed in a vegetated wetland or special aquatic site.
4 . Floating structures will be placed in waters of
sufficient depth to ensure that they remain afloat at
all times.
5. Structures shall not be placed in or extend into
navigational or anchorage areas.
6. Structures must be removed no later than 15 days
after use has been discontinued.
(12) Utility Line Backfill
WQC:
1. This certification does not apply to any utility
line or transmission facility that is subject to the
jurisdiction of the Federal Energy Regulatory
Commission under Section 7 of the Natural Gas Act, or
the New York State Public Service Commission under
Article 7 of the Public Service Law.
2. Materials resulting from trench excavation which are
temporarily sidecast into waters of the United States
must be backfilled or removed within thirty (30) days.
CZM:
1. Work shall be scheduled to avoid adverse impacts upon
water dependent activities and facilities occurring at or
adjacent to the work location.
2. Material resulting from trench excavation may be
temporarily sidecast for a period not to exceed 30 days.
3. The proposed activity will not occur within or
adjacent to a designated significant coastal fish and
wildlife habitat, vegetated wetland or special aquatic
site.
(13) UM stabilisation
WQC:
1. This certification does not apply to any bank
stabilization activity proposing to utilize poured
concrete, driven steel shoat piling, or structural timber
bulkheading.
CZM:
1. The bank stabilization activity in the coastal area of
New York State shall not exceed 200 feet in length.
2. On-site erosion and its effects shall, to the extent
practicable, be controlled by non-structural measures
such as vegetation, beach nourishment and building
setbacks.
3 . only clean sand, gravel, quarried rock and/or stone
which is free of metal products, organic material and
unsightly debris shall be utilized.
4. New bulkhead construction in the coastal area of New
York State shall not be authorized under this nationwide
permit.
(14) Road Crossing
WQC:
1. This certification does not apply to any complete
project consisting of more that one road crossing.
CZM:
1. The proposed activity will not occur within or
adjacent to a designated significant coastal fish and
wildlife habitat, vegetated wetland or special aquatic
site.
2. Only one (1) crossing shall be authorized for each
single and complete project.
(15) U.S. Coast Guard Ipmroved Bj,Qces
WQC:
Denied
CZM:
Denied
(16) Return Water from Ubland contained Disposal areas
WQC:
Denied
CZM:
The discharge will not occur within or adjacent to a
designated significant coastal fish and wildlife habitat,
vegetated wetland or special aquatic site.
(17) 8vdropower Projects
WQC:
Denied
CZM:
Denied
(19) Minor Di.scharaes
WQC:
None
CZM:
1. Discharges of dredged or fill material authorized
under this nationwide permit shall not exceed 10 cubic
yards.
2. Dredged or fill material shall not be placed in or
adjacent to a designated significant coastal fish and
wildlife habitat, vegetated wetland or special aquatic
site.
(19) Minor Dredaina
WQC:
Not Applicable
CZM:
1. The dredging authorized under this nationwide permit
shall not occur in a designated significant coastal fish
and wildlife habitat, vegetated wetland or special
aquatic site.
(20) oil spill Cleanup •
WQC:
1. This certification is expressly limited to activities
conducted in a manner consistent with the procedures
specified in the most current Now York State Department
of Environmental Conservation - Spill Response Guidance
Manual.
CZM:
None
(21) Surface mina Activities
WQC:
Denied
CZM:
None
(22) Removal gf Vessels
WQC:
None
CZM:
1. The proposed activity will not occur within or
adjacent to a designated significant coastal fish and
wildlife habitat, vegetated wetland or special aquatic
site.
(23) Approved Catsaorical Exclusions
WQC:
1. This certification is expressly limited to those
categorical Exclusions appearing on one of the following
lists:
(a) U.S. Department of Transportation Class II
Categorical Exclusions published the Federal
Resister of August 28, 1987, 23 CFR Section
771. 117 and supplemented by the New York State
Department of Transportation Action Plan of
December 1983.
(b) U.S. Coast Guard, Commandant Instructions
M16475. 1B, Chapter 2H2.
CZM:
Denied
(24) State Administered Section A" Program
WQC:
Not Applicable
CZM:
Not Applicable
(25) Structural Discharges
WQC:
1. This certification does not apply to any pile
supported structure having a surface area greater than
eight thousand (8,000) square feet.
CZM:
1. The discharge authorized by this nationwide permit
shall not result in a structural member that has an area
greater than 40 square feet. The total area of all
structural members in a single and complete project shall
not exceed 400 square feet.
2. Spacing of at least 6 feet shall be maintained between
structural members.
3. The proposed activity will not occur within or
adjacent to a designated significant coastal fish and
wildlife habitat, vegetated wetland or special aquatic
site.
(26) Headwaters Zg4 Isolated Waters Discharges
WQC:
1. This certification does not apply to any discharge of
fill material into headwaters and isolated waters that
would cause the loss of more than one (1) acre of waters
of the United States. For discharges that would cause
the loss of more than one acre, and individual WQC is
required.
CZM:
Denied
(27) Wetland Restoration Activities
WQC:
None
CZM:
Denied.
(28) Modifications 2t Existing Marinas
WQC:
None
CZM:
1. The authorized modifications shall not result in a
change of use of existing docking facilities (e.g. the
conversion of docks to decks) .
(29) Reserved '
(30) Reserved
(31) Reserved
(32) Completed Enforcement Actions
WQC:
None
CZM:
Denied
(33) Temporary Construction AM Access
WQC:
None
CZM:
1. Discharges and structures authorized by this
nationwide permit must be removed no later than 30 days
after the proposed activity (or the portion of the
activity requiring the discharges or structures) is
completed.
2. The authorized discharges and structures shall not
interfere with existing water dependent activities and
facilities.
3. The proposed activity will not occur within or
adjacent to a designated significant coastal fish and
wildlife habitat, vegetated wetland or special aquatic
site.
(34) Cranberry Production Activities
WQC:
Denied
CZM:
Denied
(35) Maintenance Dredcinc gJ Eaistinc ftajnA
WQC:
None
CZM:
1. For the purposes of this nationwide permit,
maintenance dredging shall mean dredging that will occur
within five (5) years of the previously authorized
dredging activity.
2. The dredging activity shall be confined to the area
previously authorized.
3. The proposed activity will not occur within or
adjacent to a designated significant coastal fish and
wildlife habitat, vegetated wetland or special aquatic
site.
(36) Boat Ramos
WQC:
None
CZM:
Denied
(37) Emercencv Watershed Protection Z" Rehabilitation
WQC:
None
CZM:
Denied
(38) Cleanup 21 Hazardous &A¢ Toxic Waste
WQC:
None
CZM:
Denied
(39) Reserved
(40) Farm Buildings
WQC:
None
CZM:
Denied
(B) The New York State Department o Environmental
Conservation has added two general conditions t at apply to all
Nationwide permit activities:
1. This certification does not apply to any activity that is
likely to jeopardize the continued existence of an endangered
species or threatened species listed in 6NYCRR Part 182, or which
is likely to destroy or adversely modify the critical habitat of
such species. Information on New York State endangered or
threatened species may be obtained at the following address:
Department of Environmental Conservation
Division of Fish and Wildlife
Information Services
700 Troy-Schenectady Road
Latham, New York 12110
(518) 783-3932
2 . Prior to undertaking any Nationwide permit activity that
will involve or occupy state owned lands now or formerly under the
waters of New York State, the party proposing the activity must
first obtain all necessary approvals from:
New •York State Office of General Services
Division of Land Utilization
Tower Building
Empire State Plaza
Albany, New York 12231
(518) 473-1288
(C) For those Nationwide permits requiring a pre-discharge
notification pursuant to the "Notification" condition described
at Appendia A, General Condition #13, the prospective permittee
should:
1. Provide evidence as a part of the pre-discharge
notification to the Corps of Engineers that duplicate copies have
been submitted and received (e.g. certified mail receipt) by the
appropriate Federal Resource agencies.
2. Contact the New York State Department of Environmental
Conservation (NYSDEC) and/or the New York State Department of
State Coastal Zone Management (CZM) Program to obtain an activity
specific review and approval prior to submitting the pre-
discharge notification to the Corps, where the State has denied
401 WQC and/or not concurred with the Corp's consistency
determination for a Nationwide permit authorization; and include
a statement indicating the status of that application, including
a copy of any permit issuance or denial.
t .
�OSUF�U( f CO
Albert J. K:upski, President O (� Town Hall
John Holzapfel, Vice President -4 53095 Main Road
P.O. Box 1179
Jim King W _ Za
Martin H. Gartzll O r _ Southold. New York 11971
Peter Wenczel =y'jJpl a0�.' Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
office Use Only
C astal Erosion Permit ApplicaticJn, i pn i
C IL CJ
_ y CISi !;
✓Wetland Permit Application
_Grandfather Permit Application 3;
Waiver/Amendment/Changes L `U SEP 2 5 S6 +! '
t/Aeceived Application: --OS"- 4
y -"
Reeived Fee: $ Sid
ompleted Applicationt :t-. .
Incomplete
SEQRA Classification:
Type I Type II Unlisted
Coordination: (date sent)
CAC Referral Sent: / - —
Date of Inspection:
Receipt of CAC Report: NW 2 9
Lead Agency Determination: qeo
Technical Review:
Public Hearing Held:
Resolution
7
Name of Applicant Sebastian Cove Property Ow ners Association
Address P.O. Box 261 Mattituck, New York 11952
Phone Number: ( 516 ) 298-8670
Suffolk County Tax Map Number: 1000 - 100-3-11.11 & 11.12
Property Location: Sebastian's Cove Road and Sebastian's Gutter
(923.00' n/o Mill Road)
(provide LILCO Pole # , distance to cross streets, and location)
AGENT: Inter-Science Research Associates, Inc.
( If applicable)
Address : P.O. Box 1201
Southampton, NY 11969-1201 Phone: 516-283-5958
FAX# : 516-283-5974
L
Bod of Trustees Applicatio4b
GENERAL DATA
Land Area ( in square feet) : 61,489± square feet
Area Zoning: Low-Density Residential R-40 Dic r;cr
Previous use of property: Commercial boat house, ramp and bulkhead.
Intended use of property: Association use of re-constructed bulkhead/ramp
for boating/recreation. Boat house has been removed.
Prior permits/approvals for site improvements:
Agency Date
New York State Department of
Environmental Conservation March 22, 1996
Army Corps of Engineers May 15, 1996
N/A No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or suspended by a
governmental agency?
xx No Yes
If yes , provide explanation: Not applicable.
Project Description (use attachments if necessary) :
Replacement of timber bulkhead incliding 45 linear feet replaced in-kind/in-place
to protect tidal wetlands vegetation; 220.75 linear feet replaced in-kind within 18
inches of existing timber bulkhead and proposed concrete launching ramp to replace
existing ramp in disrepair. Transplant 35 square feet of existing tidal wetlands
in graded area south of boat ramp.
Bo+i of Trustees Applicatioto
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations : 1. Replacement of Remaining 220.75
Linear Feet of timber bulkhead in-kind within 18 inches of the existing timber
bulkhead (deteriorated) . 2. Replacement of boat ramp with new concrete ram�L_
3. Transplant 325 sq.ft. wetlands vegetation.
Area of wetlands on lot: 12,260± square feet
Percent coverage of lot: 19.94 %
Closest distance between nearest existing structure and upland
edge of wetlands: 0 feet
Closest distance between nearest proposed structure and upland
edge of wetlands: 0 feet
Does the project involve excavation or filling?
No X Yes * * Fill between old & new bulkheads.
If yes , how much material will be excavated? 0 cubic yards
How much material will be filled? 75 cubic yards
Depth of which material will be removed or deposited: to existing grade
feet
Proposed slope throughout the area of operations: 1 on 10 (typical)
Manner in which material will be removed or deposited:
Clean sand and gravel will be used to fill behind new bulkhead (void up to 18 inches
in front of old bulkhead) .
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) :
Minimal impact is expected noting that NYSDEC provided directives on which bulkheads
to be replaces in-place and which should be installed within 18 inches of old bulkhead.
3
Ad of Trustees Application
AUTHORIZATION
(where the applicant is not the owner)
j ,Mr. Richard Nemschick residing at P.O. Box 261
(print owner of property) (mailing address)
Mattituck, New York 11952 do hereby authorize Inter-Science
(Agent)
Research Associates, Inc. to apply for permit( s) from the
Southold Board of Town Trustees on my behalf .
(Owner ' s sig Lure)
3
TO WHOM IT MAY CONCERN:
The Sebastian•s Cove Property Owners Association hereby
authorizes Inter-Science Research Associates, Inc. to process any
and all permits necessary for the improvements to our property
located along Mattituck Creek, Town of Southold, New York.
Signed: A
/..(slt
Sebs�n s Cov party Owners Assn.
P.C. Box 261
Matituck, New York 11952
Sworn before me this
zy?`- Day of May, 1991
j�Ig)0,1 �,� /,-
Notary Public
RICHARD E.VWRREN
NOW ruMic,Soto of Now York
WOIWA4970411L Suffolk
Tion E*m Au"13.
INTEI�-50ENCE
0 9
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
Name: Address :
1000-100-3-11.17 1000-100-3-11 .10
George Toumanoff 6 John Wickam Neil and Carol Raffe
c/o Ann Wickam 825 Sebastians Cove Road
Main Road Mattituck, New York 11952
Cutchogue, New York 11935
STATE OF NEW YORK
COUNTY OF SUFFOLK
James L. Walker residing at 54 Center Avenue, Southampton,
New York 11968 being duly sworn, deposes and says
that on the day of 19 , deponent mailed
a true copy of the Notice set forth in the Board of Trustees
Application, 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 , that said Notices
were mailed to each of said persons by ( certified) ( registered)
mail.
Sworn to before me this
day of , 19
Notary Public
6
NOTICE TO ADJACENT PROPERTY OWNER
BOARD OF TRUSTEES TOWN OF SOUTHOLD
In the matter of applicant• Sebastian Cove Property Owners Association
SCTM#1000- 100-3-11.11 & 11.12
YOU ARE HEREBY GIVEN NOTICE:
1 . That it is the intention of the undersigned to request a
Permit from the Board of Trustees to:
A. 45 L.F. Bulkhead to be replaced in-place and in-kind.
B. 220.75 L.F. Bulkhead to replaced in-kind within 18 inches of existing.
C. Replacement of old boat ramp with new concrete boat ramp.
D. Transplant 325 sq.ft. tidal wetlands vegetation per NYSDEC requirement.
2 . That the property which is the subject of Environmental
Review is located adjacent to your property and is described as
follows :
Park and playground/reserve area of Map of Sebastian's Cove, Section
Two Filed in the Office of the Suffolk County Clerk on 11/30/84 as Map No. 7807.
3 . That the project 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 does not reference any
other agency that might have to review same proposal.
OWNERS NAME• Sebastian Cove Property Owner Association.
MAILING ADDRESS: P.O. Box 261
Mattituck, New York 11952
PHONE # : (516) 298-8670
Enc. : Copy of sketch or plan showing proposal for your
convenience.
J
� I
I
I ,
PROJECT PLAN VIEW
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I
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t bnBthoad "pda..d, t, b. e
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In
mthe
t .1ofr=
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Jg lalong
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..th. 8et prepowd bat
ropomt e
nto
W of g
As mu" PROPOSED BULKHEAD
& BOAT RAMP
Sou—�__ PMpartv L,a mp,Qaphv. AT' SEBASTIANS GUTTER
roel.nd. Ilw And Tr.oNno Y Por MATTITUCK
r nd.r� 2Y. 1ppY 9ur.y By P...." TOWN OF SOUTHOLD
9orgeso, P.C.
i SUFFOLK COUNTY
NEW YORK STATE
DATE: SEPTEMBER 1995
FOR SEBASTIAN COVE
PROPERTY OWNER'S
ASSOCIATION
HY: SEARCH ASSOCIATES.,
1 of 6 fw N: c tVd../t..m r/.m../mm do INC.
i
EXISTING BULKHEAD
SECTION C — C'
C C•
2"x12" Cap
11"x25' Butt
Pile Ex k -
Countersunk
Easher ra e
8"x8" Wales
EL +2.8'
M.H.W. ",, e,
a o
EL 0+0
Shoreline
i
10" Horizontal 10" Dia. Timber
Pile (16' Back) Pile
EL -1.0' 10' Length
TEE�gepM
3"x10"x20' Tongue �
& Groove Sheathing
Tunical Bulkhead Section
Shall Consist Of.
De th of _ 11" Butt Piling
De 6"x8" Top & Bottom Wales
14.0' 9"x10" Tongue & Gr000ve
Sheathing
Existing Bulkhead 10" Hacking Piling
g 10" Horizontal Piling I
in Disrepair
i
NOTE; Approximately 45 Lf. of timber bulkhead
to be replaced in-kind/in-place to protect
tidal wetlands vegetation per plan view. This
section shows the bulkhead replacement in Not to .,.v
that location.
EXISTING Bm vwen DETAIL
AT. SEBASTIAN's COVE
TOWN Or
TOWN Of COUNTY
NET YO COUNTY
NET YOBS STAIR
DATE: JANUARY S. 1"6FEBRUARY 0. 1"6 (nTlwd)
FOR: SEBATIANS COYE PROPERTY
OWNER'S ASSOCIATION
2 Of 6 FDx NAYlr./Q.vmn./tndR.r/ow-a.../SMsm BTO Twp, INC RESEARCH
NOTE: New proposed bulkhead to be
installed within 18" of existing
bulkhead, as shown on plan view,
except where otherwise specifically
noted.
2"x12" Cap
11"x25' Butt
Pile Ezra TYPICAL BULKHEAD
Countersunk ra a
Easher SECTION
e"x8" Wales
EL +2.8'
M.H.W. e,
e
EL 0
+0
Shoreline
EL —2.4' 10" Horizontal 10" Dia. Timber
M.L.W. Pile (18' Back) Pile
10' length
EL —2.7
ting ep 3"x10"x20' Tongue
& Groove Sheathing
Tunical Bulkhead Section
T Shall Consist Of,
Depth of 11" Butt Piling
P 8"xe" Top & Bottom Wales
ene ra Ion 3"x10" Tongue & Gr000ve
Sheathing
12.3'
10" Backing Piling
Existing Bulkhead 10" Horizontal Piling
in Disrepair
Net to Ms"
ROnaRAD DETAM
AT. SEBASTIANE cove
NArrrrUCE
TOW or 90UTMM
SUMIX COUNTY
NEW Toss STATE
DATM JANUARY a 1990
FEBRUARY S. 1999 (nvbed)
FOR; SAs Alts Cove rMPENYT
0Tr9 A390CIAT10N
BY: WrER-SMCE RESEARCH
3 of 6 rDE MAIOG r/OMP®Ce ZR/JOOQ/oID DLT/BO9 DT0 ASS0CIATIM. INC.
CROSS -SECTION B - B '
THROUGH RAMP &
BULKHEAD
ib' b' Yte. le'
2'x12' Cap
ateede arms Top of s —
/ /^ 8'xe' wales
Section Through b'atin.
Reinforced Coco. Slab
10' D1s. Timber
PDS 10' in Length
10' Horizontal
Pile (18' Beck)
11' X 25' Butt S'xlo'x2O' To gun
Cosunk k Groove Sheen thing
Essher
SCALL• 1' 10'
Note:
Existing boat ramp is a minimum of BULKHW & LAUNCHING
18 feet is width (19 feet t maximum). RAMP DETAIL
Proposed boat ramp is a minimum of AT: SEBASW'S COVE
15 feet in width after allowing bulkhead YATITUCK
replacement within 18 inches of SUFFOLK
COUNTY11N'[HOLD
1TSY
existing bulkhead (as shown above). NEW YORE STATE
DATE: JANUARY 9, 1998
FEBRUARY S. 1998 (revised)
me Nomm POR.- csw•amLwgS COVE PROPERTY
OWNERS ASSOCIATION
4 of 6 BY: >N��CEDRC8.4EARCH
CONTROL JOINTS AT 12" O.C.
A
z
z
0
PLAN VIEW OF LAUNCHING RAMP N
A A�
75-0' MOneuverfn
LArea Hign Water Level
w Water
elnforc tl\ Level
\ Concrete Slob on 9 rain. /
/connectinPISks
trap
NOTE The slope of the launobing Ramp
should be between 12% & 155.
SECTION A-A'
CROSS-SECTION OF LAUNCHING RAMP
Not to ooAlo
IAUNCHMG RAND
DVAD.
AM 9RMA9T7AN9 COVE
NATl7T ICR
TOWN OF 90UYNOLD
9umm C09NTT
M TORR 9TATR
DATIt JFXBRDARY 6. 1999 (isml"d)
FOIL 9exAert.v9 COVR PROMM
011DSt'9 ASSMATION
5 of 8 FOs NAML r./osA9m0 /ftAavW0M-DRAt/smDVG IY: Assm &e o ORRtOMUMCH
.
0
0 Area of existing
vegetation to be
relocated.
Area to begraded (L•3 slope) 0
& area of relocated wetlands
vegetation
Edge of Flagged 5
Wetlands q
8
Notes:
Approximately 325 s.f. of existing tidal wetlands vegetation to be
relocated.
Proposed transplant area Is approximately 325 Sf. (colonised to
Common Reed. Phragmites oommunis) to be regraded to relocate
edge of wetlands as shown. regraded area would be replanted
with all existing tidal wetlands materials removed from boat
ramp area. This planting would replace clear stand of invasive
epeoles with functional tidal wetlands. Grading completed at this
time will provide for 1:3 slope at periphery of proposed
mitigation location.
Density of Plantings:
Inter tidal marsh — 3partina alterniflorn. 2 ft. on center.
High marsh — Spartina patens, 1 ft. on center,
Diatioblis spicata , 1 fL on center,
Other species (Le. Ruck Grass) will be planted at approximate
density existing at boat ramp.
Method of Transplanting: — By hand after contractor provides
grading
Fertilizer — Not neoeseary as substrate will be moved with
transplanted wetlands vegetation. DETAIL OF
No existing tidal wetlands vegetation will be impacted as WETLANDS VEGETATION
transplant area is Phragmites Commuuus located above wetlands Ar. sSXBA�7ANSOg GUTTER
line.
TOWN OF SOUTHOLD
SUFFOLK COUNTY
NEW YORE STATE
SoundlnM Property Line. Topography. DATE FEBRUARY 7, 1996
Wetlands Moe And Treellas As Per
January 22, 1992 Surrey By Pownlo FOR SEBASTIAN COVE
Surveyor+, P.C. PROPERTY OWNER'S
ASSOCIATION
8 OF 8style i'-20'
OCLAT0.INC.
[71a Nemr. Egnphlw/transfer/o1drew/seb6.dwg