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HomeMy WebLinkAboutTR-3972Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 3972 DATE: . 1::-17-92 .... ISSUED TO ............... 3~os. eph C.oznacchia ........... 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 State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS 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 wffh the Resolution of The Board adopted at a meeting held on . 1.- 16 . 19 .9.2, and in consideration of the sum of $ 1.50.00 paid by · Proper-~ Se~vice~ .on. behalf· of. Joseph· .Coynacqhia of ..................................... N. Y. and subject to the Terms end Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the followJnc~: Construct 390 L.F. of bulkhead within 18" of existing function~ bulkhead & Maintenance dredge 4000c.y. of material from natrually filled channel to depth of 6' below MHW. all in accordance with the detailed specifications as presented in the oricjinatincj appl|catlon. IN WITNESS WHEREOF, The said Board of Trustees here- by causes ifs Corporate Seal to be affixed, and these presents to be subscribed by a majority of the.~s.~d Board as of this date. . TERMS and CONDITIONS The Permittee ,. ~Tn~?k tasiding at 635 K~mherl? T,a.. Ro~tho]d N. Y~ as Putt of the consideration for the issuance of the Permit does undetstamt and prescribe to the fol- lowing: 1. That the said Board of Trustees and the Town of Southuld ate released from any ami aU damages, or claims for damages, of suits arising directly ot indirectly as a result of any oper- ation performed pursuant to this permit, and the said Permitzee will, at bls or her own expense, defend any and all such suits initiated b7 third parties, and the said Permitten aasume~ full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Sonthold 2. That this Permit is valid for a period of 24 ~ which is comidezed to be the esfmated time required to complete the work involved, but should circumstances warfare, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permit-me wishes to maintain the structure or project involved, to provide evidence to anyone concerned that auth- orization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application, may be cause for revocation of this Permit by r,:solution of the said Bnard. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if furore operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Boa~l of Ttustoes, the work shall cause unreasonable obstmcnon to free navigation, the said Petmittee will be requited, upon due notice, to remove or alter this work or project herein stated without expenses to the Tmen of Southold. 8. That the said Board will be notified by the Pecmittee ot the completion of the work anth- orized. 9. That the Permittee will obtain all other permits and coments that may be required sup- plemental to this permit which may be subject to revoke upon failure to obtu;n same. EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL ........... SE R_V..L~ OF SqUTHOLD FAX NO. 516-283-6360 516-283-6136 April 17, 1992 Ms. Sophie Ettinger Department of the Army Corps of Engineers, New York District Jacob K. Javits Federal Building New York, NY 10278-0090 RE: A1 Koke #92-0336-L2 Dear Ms. Ettinger: Attached please find a copy of the DEC permit and water quality certificate. I believe this is the only item lacking prior to issuance of your approval. In order to complete the work prior to the June 1st deadline, we hope that your permit will be forthcoming shortly. Thank you for your anticipated cooperation. Yours truly, RLH:kld E~c. cc: DOS, #F-89-577 $outhold Trustees A1 Koke James H. Rambo, Inc. Roy L. Haje President GENERAL CONDITIONS Inspections 1. The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Permit Changes and Renewals 2. The Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations is found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. 3. The permittee must submit a separate written application to the Department for renewal, modifica. tion or transfer of this permit. Such application must include any forms, fees or supplemental infor- mation the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. 4. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. 5. Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, con- ditions or requirements contained in such order or determination. Other Legal Obligations of Permittee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibili- ty for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of the project described in this permit and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from 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 impair* ment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights- of-way that may be required for this project. Page 2 of ~- n~C PERMH' NUMBER 1-4738-00515/0000 I-0 FACILITYiPROGRAM NUMBER(si PERMIT Unger the Environmental Conservation Law (FCL) EFFECTIVE DATE April 8, 1992 EXPIRATION DATE April 30, 1995 ~-~ Article 15, Title 5: Protection of Water ['-~ Articte 15, Title 15: Water Supply J~-~ Article 15, Title 15: Water Transport Article 15, Title 15: Long Island Wells -- Article 15, Title 27: __ Wild, Scenic and Recreational Rivers 6NYCRR 608: Water 0uality Certification Article 17, Titles 7, 8: SPDES Article 19: Air Pollution Control Article 23, Title 27: Mined Land Reclamation Article 24: Freshwater Wetlands Article 25: Tidal Wetlands Article 27, Title 7; 6NYCRR 360: Solid Waste Management Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: Coastal Erosion Management Article 36: Floodplain Management Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control Other: PERMITISSDEDTO I TELEPHONE NUMBER A1Koke I 5116 765-1607 ADDRESS OF PERMITTEE P. O. Box 711, 245 Kimberly La.~ Southold~ NY ~7J~.,,,w,,,~,~ ~,~ llL Sea ~'., ....... .. , ~.~.~ 51~ 283-6360 Jockey Creek dredain~ end of Pine Neck Road, Jockey Creek Spur LOCATION OF PRO~ECT,FACILITY SCTM 01000-070-013-020.002 WATERCOURSE/WETLAND NO J NYYM COORDINATES Jockey Creek nfl ~nurhnld R ~ 717 3 N.4548 COUNTY IrOwN/c~q~f~j~j~q~ I Suffolk Southold DESCRrPTIONOFAUTHORIZEDACTIVITY Maintenance dredge~ once per calendar year. an area approwim~tely fi~ F~et ~ 175~ ~o~ to 6 feet below mean low water. The initial maintenance dred~in~ operation will secure approximately 6500 cubic yards of spoil which will be placed in a diked area constructed of earthen berms. A portable weir and diffuser pipe will be placed to drain the diked spoil. Project shall be in accordance with plans prepared by Eh-Consultants Sheet ] of 2 last rmv{med 4/7/92 and ~hPPr 2 mF ? 1ncr ~w~M~a 3/17/92 (stamped NYSDEC Approved on 04/08/92). By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (See Reverse Side) and any Special Conditions included as part of this permit. ....:~,~,, ...:__~.~::~ IPERMIT ADMINISTRATOR Christine J. Costopoulos cc : BMHP; BEP ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title S], 24, 25, 34, waters or flood flows or endanger the health, safety or welfare of 36 and 6 NYCRR Part 608 ( ) other environmentally deleterious materials associated with the project. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridge? across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. There shall be no unreasonable ~nterference with navigation by the work herem authorized. If upon the expiration or revocation of this permit, the proiect hereby authorized has not been completed, the a0plicant shall, without expense to the State. and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under Article 36, this permit does not signify in any way that the project will be free from flooding. If granted under 6 NYCRR Part 608, the NYS Department of Enwron- mental Conservation hereby certifies that the subiect project wiU not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303. 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. All actwities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit apphcat~on. Such approved plans were~:~odv 4/81922 on SPECIAL CONDITIONS 1. Due to the presence of suitable nesting habitat for New York State listed endangered/threatened species (e.g. least tern and piping plover) the Department reserves the right to impose all necessary modifications uo this permit which may be required to protect these species in the event that nesting activity is observed. 2. The conditions of this permit do not supersede, and shall in no way constitute an exemption from, the provisions of Section 11-0535 (Endangered species) of the Environmental Conservation Law. 3. Dredging is specifically prohibited from June 1 through September 30 each year to protect spawning shellfish. 4. Ail dredged material shall be placed within the diked area constructed of earthen berms. 5. Ail side slopes of the dredged channel will have a maximum of 1:3 slope. 6. The use of a dragline for dredging adjacent to the vegetated tidal wetland is strictly prohibited. 1-4738-00515/00001-0 Page 3 of..%-- C NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS For Article. 25 (. Tidal Wetlands 7. NO dredging will occur within 20 linear feet of the seaward edge of the intertidal marsh. 8. There shall be no disturbance to vegetated tidal wetlands as a result of the permitted activity. 9. Ail dredging shall be conducted so as to leave a uniform bottom elevation free of mounds or holes. 10. Dredging shall be undertaken no more than once in any calendar year unless specifically authorized by the Department. 11. Within 30 days of completion of dredging operation a dredged survey shall be submitted to the Marine Regulatory Section of the Bureau of Marine Habitat Protection. 12. For maintenance dredging projects permittee shall yearly submit a Notice of Commencement specifying spoil (updated site plan) and Notice of Completion specifying amount of dredged material deposited on beach or approved spoil site. 13. A filter cloth and snow fence shall be installed and maintained at the seaward toe of the entire dike while the project activity is underway. 14. Other than the area to be dredged, there shall be no disturbance to topography or vegetation seaward of the diked area. 15. Forty-eight hours prior to weir and diffuser pipe placement the applicant shall contact the Department's Bureau of Marine Habitat Protection to arrange for a field inspection of this aspect of the project. Supplementary Special Conditions (A) thru (J) attached. DEC PERMIT NUMBER 1-4738-00515/00001-0 FACILITY ID NUMBER PROGRAM NUMBER Pa~e ~'~ of ~ SUPPLEMENTARY SPECIAL CONDITIONS The following conditions apply to all permits: If any of the permit conditions are unclear,the permittee shall con- tact the Division of Regulatory Affairs at the address and telephone noted below. A copy of this permit with supplementary conditions and approved plans shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a con- spicuous location at the work site until completion of authorized work. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work, the bottom portion of that form shall also be com- pleted and returned. For projects involving activities to be accomplished over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to the commencement of resumption of work each year. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modi- fications. The permittee is advised that substantial modification may require submission of a new application for permit. Ail necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. 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. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. 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, which may be required for any encroachment upon State-owned lands underwater. Regional Permit Administrator NYS Dept. of Environmental Conservation Bldg. 40, SUNY-Room 219 Stony Brook, NY 11790-2356 (516) 751-~889 =20o EN'CONSULTANTs INc. 1329 NORTH SEA RD. SOUTHAMPTON N. Y. 11968 5i6'283-6360 EN-CONSULTANTS INC. ~323 NORTH SEA RD. SOUTHAMPTON N, ¥. 1196S 516-2.83-6360 ,..%oo,,,(0, .'v' ~ ~ : t../o // l~ qO' 5_ /. ~. AL. ICoK~c' TRUSTEES ' ' John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albenson Telephone (516) 765-1892 Fax (516) 765-1823 '- BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 AUgUst 7, 1992 Proper-T Permit Services P.O. Box 617 CutchogUe, NY 11935 RE: Joseph Cornacchia SCTM #1000-70-13~20.3/20.4 Dear Mr. Fitzgerald: The following action was taken by the Southold Town Board of Trustees regUlar ~eeting on July 30, 1992; RESOLVED that the Southold Town Board of Trustees amend permit #3972 to state that the channel will be dredged.to a depth of three feet below ordinary low water, with the additional spoil being placed in the same location as previously proposed. This is the amendment to the permit. Please note that all previous conditions of this permit still apply. If you have any questions, please do not hesitate to contact this office. truly yours, President, Board of Trustees JMB: jd cc: Laura Scovazzo, DEC Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 516) 734 - 5800 July 16, Mr. John Bredemeyer, III, President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 1992 Re: Application on behalf of Joseph Cornacchia SCTM # 1000-70-13-20.3/20.4 Dear Mr. Bredemeyer: As you know from our telephone conversation of 7/10/92, there was a question on the part of the DEC regarding the dredging depth of the channel to be opened at the south end of the project area. In spite of the fact that I never agreed to a dredge depth of three feet below ordinary low water as is contended by Mr. Hamilton, on the basis of your informal recommendation and my own feeling that at this point discretion is the better part of valor, I have sent the attached material to the DEG. Please amend your records, and the permit if necessary, to indicate that the new channel will be dredged to a depth of three feet below ordinary low water, with the additional spoil being placed in the same location as previously proposed. If you have any questions or comments, please call me. Enclosures: Letter to Laura Scovazzo, DEC, dated 7/14/92 Drawing "Cross Sections, South Channel Dredging and Spoil Placement", revised ?/10/92 Notice of Incomplete Application (DEC), undated, stamped "Received JUN 15 1992" a subsidiary of THE PECONIC EASTERN CORPORATION Proper-T Permit Serwces POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 (516) 734 -5800 July 14, 1992 l'OW O[ $o[rrHo[l Ms. Laura Scovazzo, Environmental Analyst New York State Department of Environmental Division of Regulatory Affairs SUN¥ Campus, Building 40, Room 219 Stony Brook, New York 11790-2356 Conservation Re: Application No. 1-4738-00256/00001-0; Joseph Cornacchia Dear Ms. $covazzo: This is in response to your undated Notice of Incomplete Application which I received on 6/15/92. I enclose four copies of a revised (7/10/92) drawing, "Cross Sections, South Channel Dredging and Spoil Placement", which indicates, as you requested, that the channel will be dredged to three feet below ordinary low water. If you need anything else, please call me. ,,,~a~es E. Fitz( a subsidiary of THE PECONIC EASTERN CORPORATION E: LF__V'AT IOH ~ C_~OT I©t,l ~-~ ~-.~1~--~ VE~_T I"' ltD' eC~.~z-- I"-I~' NOTICE OF INCOMPLEI b APPLICATION - THIS IS NOT A PERMIT JOSEPH CORNACCHIA 635 KIMBERLY LANE SOUTHOLD, NY 11971 APPLICATIOI~I ID 1-4738-00256/00001-0 ~CH NUMBER 088064 PERMITS APPLIEO FOR 1 ARTICLE 25: TIDAL WETLANDS SECTION 401 - CLEAN WATER ACT: WATER QUALITY CERTIFICATION ARTICLE 15, TITLE 5: EXCAVATION AND FILL IN NAVIGABLE WATERS FACILITY/PROJECT CORNACCHIA PROPERTY PROJECT IS LOCA3ED IN SOUTHOLD ~N SUFFOLK COL~ OWBER ID NUMBER 33617 Your Appi~caiton 1(~ Pennit is Incomplele. Ihe FoitoW~ng Items are Requ~ed: Additional Information: PURSUANT TO MY TELEPHONE CONVERSATION WITH JAMES FITZGERALD TODAY, PLEASE SUBMIT EITHER: 1)VERIFICATION THAT THE PRESENTLY PROPOSED ONE FOOT BELOW MEAN LOW WATER DREDGING DEPTH(IN THE SOUTHERN AREA) IS ACCEPTABLE TO THE TOWN OF SOUTHOLD BOARD OF TRUSTEES; OR 2)4 COPIES OF REVISED PLANS DEPICTING THE PREVIOUSLY AGREED TO DREDGING DEPTH OF THREE FEET BELOW MEAN LOW WATER AT THIS LOCATION. UPON RECEIPT OF THE INFORMATION REQUESTED ABOVE, PROCESSING WILL CONTINUE. NO FURTHER ACTION CAN BE TAKEN UNTIL ALL OF THESE MATERIALS ARE RECEI~D CONTACT P~RSON LAURA J SCOVAZZO SUNY CAMPUS, ~_DG ~O. ROOM 219 ~LEPHONE NUMBER 516-751-7900 STONy BROOK NEW YO~K I t790-2356 (~AIL S. SHAFFE~R S£CRETARY OF STATE DEPARTMENT OF STATE ALBANY. N.Y. 12231-OOO'I June 22, 1992 Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 Re: F-91-337 U.S. Army Corps of Engineers/New York District Permit Application 91-0092-L2 (Joseph Cornacchia) Town of Southold Dear Mr. Fitzgerald: The Department of state has completed its evaluation of your Federal Consistency Assessment Form and certification that the above-proposed permit activity complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concbrs with your consistency certification subject to the following conditions: In order to minimize water quality impacts to Jockey Creek and Southold Bay, dredging shall not take place between June 1 and September 30. 2) NO dredge spoil shall be placed in the spoil dispersion areas indicated on the survey map dated 3/5/92 between April 1 and August 1, unless a qualified biologist inspects the disposal site, delineates any identified least tern or piping plover nesting area, and monitors the disposal areas. This condition may be waived by this Department, if it is demonstrated that there are no least terns or piping plovers nesting in the disposal area a maximum of two weeks prior to the placement of dredge spoil. Demonstration of this situation can be made by submitting a letter to the Department of State from a qualified biologist or wildlife observer. This concurrence is based on the survey map dated March 5, 1992, which shows all spoil to be placed above the line of mean high water on lands adjacent to Jockey Creek. Mr. James E. Fitzgerald, Jr. Page 2 This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals required under existing State statutes. A copy of this decision has been sent to the Corps of Engineers. Si~cerIlY~ -- Division of Coastal Resources and Waterfront Revitalization GRS:lvs COE/NY Dist. - Roberto Barbosa NYS DEC, Region i - Laura Scovazzo Town of Southold Trustees - John Bredenmeyer, III TRUSTEES ' ' John M. Bredemeyer, III, President Albert J. Kmpski, Jr.. Vice President Henry P. Smith John B. Tuthill William G. Albenson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 1197l June 9, 1992 Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 Re: Joseph CornacGhia Permit #3972 SCTM# 1000-104-3-6 Dear Mr. Fitzgerald: The following action was taken by the Board of Trustees at their regular meeting of May 28, 1992: RESOLVED that the Southold Town Board of Trustees grant an amendment to permit #3972 to place spoil on site as indicated on revised plan of James Fitzgerald dated March 5, 1992. If you have any questions, please give us a call. truly yours, John M. Bredemeyer, III President, Board of Trustees JMB/jmt Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 (516) 734 - 5800 April 27, 1992 Mr. John Bredemeyer, III, President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application on behalf of Joseph Cornacchla SCTM # 1000-70-13-20.3/20.4 Dear Mr. Bredemeyer: At the request of the NYSDEC, the project has been amended with regard to the spoil placement site. The new proposed locations are shown on the enclosed survey dated 3/5/92 on which they are designated as "Spoil Dispersion Areas". It should be noted that these same areas will be utilized the placement of spoil from the Koke project, which is immediately adjacent, to the north. for If you need anything else, please call me. .d / Jr. ~' a subsidiary of THE PECONIC EASTERN CORPORATION STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, N.Y. 12231-0001 May 4, 1992 Mr. JameB E. Fitzgerald, Jr. Proper-T Services P.O. Box 617 Cutchogue, New York 11935 Re: F-91-337 U.S. Army Corps of Engineers/New York District Permit Application $91-0092-L2 Joseph ~orn&coh£a, Jr. Town of Southold DEC #1-4738-00256/00001-0 Status of Consistency Review Dear Mr. Fitzgerald: The Department of State is required to notify you of the status of our review of this project for its consistency with the New York State Coastal Management Program if a decision has not been issued within three months following commencement of our consistency review. We cannot complete our consistency review for this project until we conclude our analysis of submitted information and our coordination with the U.S. Army Corps of Engineers. A copy of this letter has been sent to the Corps of Engineers. Please call Michael Corey at (518) 474-3642 if you have any questions. Sincerely, ·, William F. Barton Chief, Project Review Bureau Division of Coastal Resources and Waterfront Revitalization WFB:MC:mm cc: COE/NY District - Sophie Ettinger NYS DEC/Region I - Laura Scovazzo Town of Southold Trustees - John Bredemeyer III EN-CONSULTANTS, INC 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES TOWN OF SOU HOLD 516-283-6360 FAX NO. 516-283-6136 March 17, 1992 Mr. John Wieland New York State Department of Environmental Conservation SUNY, Building 40 Stony Brook, New York 11794 RE: AL KOKE - ~%0-89-%465 Dear Mr. Wieland: Attached please find a revised plan showing the spoil site as delineated by Charles Hamilton. The plan is based upon a survey of the site by Peconic Surveyors, which is also enclosed. Mr. Hamilton assured us that the project would be issued shortly after presentation of this revision and that the work could go forward shortly. We look forward to receipt of your permit in the near future. Very truly yours, RLH:KD Enclosure Roy L. Haje President cc: COE - $89-0907-L2 ~ #F-89-577 old Board of Trustees James H. Rambo, Inc. A1 Koke /oo iq. II ' '\ ! X.\ II/: \[ \ THE ASSEMBLY STATE OF NEW YORK ALBANY COMMITTEES Aging Agriculture February 27, 1992 Ray E. Cowen, Regional Director N¥S Dept. of Environmental Conservation SUNY at Stony Brook Building 40 Stony Brook, NY 11790 Dear Ray: On behalf of Southold Town Trustees, Henry Smith and Jay Bredemeyer and homeowner, A1 Koke, I thank you so very much for your time and effort in meeting with all of us yesterday. It certainly is a refreshing and reassuring feeling when government officials like yourself, Charles Hamilton and Frank Panek exhibit such a sincere and dedicated attitude toward our common constituency. As you so well noted at the conclusion of our meeting "reasonable men can come to reasonable solutions". Many thanks again, Ray, to you and your staff and I look forward to continuing our excellent working relationship for the future. JSJ:kb cc: JOSEPH SAWICKI, JR. Member of the Assembly Thomas Jorling, Commissioner John Bredemeyer III, President Southold Town Trustees Henry Smith, Vice Presiden~w/ Southold Town Trustees A1 Koke DISTRICT OFFICE: 107 Roanoke Aver~ue. Riverhead. rd,w York 1 t901. (516) 787-1363. FAX (516) 369-3869 ALSANY OFFICE: Room 550. Legislative Office Building. Albany. New York 12248. (518) 455 5294. FAX {518) 455-4740 ~ printed on recycled paper. TRUSTEES 1ohn M. Bredemeyer, HI, President Henry P. Smith, Vice President Albeit J. Krupski, Jr. John L. Bednoski, Jr. lohn B. TuthJll Telephone (516) 765-1892 Fax (516) 765-1823 January 28, 1992 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 James Fitzgerald Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Re: Joseph Cornacchia SCTM #1000-70-13-20.3/20.4 Dear Mr. Fitzgerald: The following action was taken by the Board of Town Trustees during its regular meeting held on January 16, 1992 regarding the above matter: WHEREAS, PROPER-T SERVICES ON BEHALF OF JOSEPH CORNACCHIA applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated February 6, 1991 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 January 16, 1992 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 Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED THAT PROPER-T SERVICES ON BEHALF OF JOSEPH CORNACCHIA BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: Construct 390 1.f. of bulkhead within 18" of existing functional bulkhead & maintenance dredge 4000 c.y. of material from naturally filled channel to depth of 6' below MflW. This permit 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. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. Permit will be issued upon payment of the following fees fur work to be done below Mean High Water Mark: No additional fees Very truly yours, JMB:jt cc: Bldg. Dept. Conservation Advisory Council file ~AIL S. SHAFFER ~£CR£TARY OF STATE STATE OF NEW YORK DEPARTMENTOFSTATE ALBANY, N.Y. 12231-0OO1 January 14, 1992 Mr. James E. Fitzgerald, Jr. Proper-T Services P.O. Box 617 Cutchogue, NY 11935 F-91-337 U.S. Army Corps of Engineers/New York District Permit Application 91-0092-L1 Joseph Cornacchia Town of Southold Acknowledoement of Federal Consistency A~essment For~ Dear Mr. Fitzgerald: The Department of State received your Federal Consistency Assessment Form and supporting information on January 13, 1992 and has determined that the submi=ted documentation is adequate to commence our review of your proposed project. We will contact you if additional information may be necessary for consistency review purposes. You and the Corps of Engineers will be notified of our decision when we have completed our review of this project for its consistency with the New York State Coastal Management Program. The Corps of Engineers cannot issue a ~ermit for this project unless the Department of State concurs with your consistency certification. Please call Michael Corey at (518) 474-6000 if you have any questions. Sincerely, ~ William F. Barton Chief, Project Review Bureau Division of Coastal Resources and Waterfront Revitalization NYB=Jtb cc~ COE/New York District - Roberto Barbosa NYS DEC/Region i - Laura Scovazzo Town of Southold Trustees - John Bredemeyer III TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bedno~ki, Jr. John B. Tuthill Telephone (516) 765-! $92 Fax (516) 765-1823 OAST^L PROGRAMS u£¢ 6 1991 S~SO~ R6OBV o L To~ 53~5 Main ~oad P.O. Box 1179 BOA~ OF TO~ TRUSTEES Southold, New York 119~ 1 TO~ OF SO--OLD LE~ &GE~CY COO~I~&~IO~ REQUEST TO: Michael Corey DATE: October 5, 1991 Enclosed is a permit application and a completed part I of the Environmental Assessment Form. c Southold Town Trustees in acting as SEQRA Lead Agency for: NAME: Joseph Cornacchia LOCATION: 635 Kimer]y Lane, Southold TAX MAP: 1000-70-13-20.3.20.4 DESCRPTN: See attached PERMIT REQUIRED: ( ~ TOWN WETLAND ( SEQRA CLASSIFICATION: (X) Type I ( ) UNLISTED are interested in your ageny's comments PERMIT # Pending OTHER ) Type II ) CEA Please contact John M. Bredemeyer, III, President, w~30 days and be advised that the Southold Town Trustee~ANT)~(~B~- ~ to assume lead agency. SENT TO: DOS (X) DEC (X) DOH ( ) PB ( ) ZBA ( ) BLD ( ) Please complete, detach and return this form to expedite processing. Involved Agency: Project Name: Location: SCTM: We at ~//~~ E~C~.~F~~ objection to Southold Town AG Trustees assuming Lead Agency. / Signature of ~_.. ~ ~-- --J ..... ' I -- TRUSTEES John M. Bredemeyer, HI, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR scoTr L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 1000-70-13-20.3/20.4 NAME: Joseph Carnacchia DATE: December 16, 1991 RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration 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. TYPE OF ACTION: Type 1 DESCRIPTION OF ACTION: Construct 390 1.f. of bulkhead within 18" of existing functional bulkhead & maintenance dredge 4000 c.y. of material from naturally filled channel to depth of 6' below MHW. LOCATION: Tax map No. 1000-70-13-20.3/20.4 REASONS SUPPORTING THIS DET~4INATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. cc: Building Dept., Applicant, CAC, DEC GAlL S. SHAFFER SECRETARY OF STATE STATE Of NEW YORK DEPARTMENT Of STATE albaNY, N.Y. 1223 ! -0001 November 25, 1991 James E. Fitzgerald, Jr. Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Re: F-91-337 U.S. Army Corps of Engineers/NY District Permit Application 91-0092-L2 Joseph Cornacchia Town of Southold Request for Additional Information Dear Mr. Fitzgerald: Pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed project. Thank you for your October 17, 1991 letter, included additional photos and revised drawings. additional questions about the project. with which you I have a few The revised project plan indicates a basin width of 203 linear feet, while the original application plan drawings shows a distance of 121 linear feet. Please explain this discrepancy. 2e The new plan calls for dredging of the channel beneath the foot bridge. Please provide further details regarding this dredging modification including cross- sections. To what distance into Southold Bay will the channel be dredged? Please indicate the status of this proposal in terms of SEQRA. Has a lead agency been established, and if so, has a positive or negative declaration of environmental significance been issued? James E. Fitzgerald, November 25, 1991 Page 2 Jr. I had a chance to Visit the Corna¢chia site during my trip to the east end last month. It did not appear that any work had occurred on the ~oke project that has been approved by NYS DOS. Please indicate the status of that application. Pursuant to 15 CFR 930.60(a), the review of your consistency certification will begin after we receive and determine that the necessary data and information is adequate to assess coastal zone effects. Any additional information which you believe will facilitate our consistency review of this project would be appreciated. A copy of this letter has been sent to the U.S. Army Corps of Engineers. Please call me at (518) 474-3642 if you have any questions. Michael Corey Senior Environmental Analyst MC/jtb cc: COE/NY District - Roberto Barbosa NYS DEC/Region 1 - Laura Scovazzo Town of Southold Trustees - John Bredemeyer, III Proper. T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 1 734-5800 November 18, 1991 Ms. Laura Scovazzo, Environmental Analyst New York State Department of Environmental Conservation Division of Regulatory Affairs SUNY Campus, Building 40, Room 219 Stony Brook, New York 11790-2356 Re: Application No. 1-4738-00256/00001-0; Joseph Cornacchia Dear Ms. Scovazzo: This is in response to your Notice of Incomplete Application dated 11/6/91. A check in the amount of $740 is enclosed. A .... _ = " concerning this project was sent ~o the DEC on 10/5/91 by the Southold Town Trustees, and it is my understgnding that the Trustees have arrived at a ~J_l I _ I II- I I have asked the Trustees to contact you directly concerning your questions on these points. If you need anything else, please call me. cc:l _ _1 ..' . your~ trul~ a subsidiary of THE PECONIC EASTERN CORPORATION TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert I. Krupski, Jr. John L. Bednoski, .Ir. $ohn B. Tnthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR scour L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 NOTICE OF COMPLETE APPLICATION DATE: November 15. 1991 DESCRIPTION: Pursuant to Article 8 of the Environmental Conservation Law, Part 617 Title 6 of NYCRR and Chapter 44 of the Southold Town Code (Environmental Quality Review) the Southold Town Trustees have reviewed the (Chapter 97, Wetlands/Chapter 32 Boats Docks and Wharves) permit application of: Proper_- T Services on behalf of Joseph Cornacchia for Construction of 390 Linear Feet of bulkhead within 18" of existing functional bulkhead & Maintenance dredge 4000 cubic yards of material form naturally filled at SCTM #1000-70 - 13 - ~.~ being situated at: Kimberly La. channel to depth Southold tributary to Tow~/~ockey Creeks of 6' below MHW. Street, Town Body of Water/Wetland Area At our 1~14/ 91 ~/Special) meeting and by resolution of this Board i't~{~a~been determined that said application is complete. The Board ~/~) seek lead agency status for this proposal as we c~Tnmence our Environmental Review in this matter which we have typed as a Type I action. (Located/ not located in a Critical Environmental Area.) copies to: ~own Clerks Bulletin Board on V~onservation Advisory Council Planning Board Zoning Board Building Department Suffolk Times / / Mattituck Traveler/Watchmen ~Applicant/Agent / / Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 (516) 734 - 5800 November 15, 1991 Mr. John Bredemeyer, III, President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application on behalf of Joseph CornacchJ SCTM # 1000-70-13-20.3/20.4 TOWN OF SOU/HOLE Dear Mr. Bredemeyer: The Notice of Complete Application for this project, dated 10/3/91, has several items which should be changed in view of the amended project description I submitted: "...construction of approximately 390 linear feet of bulkhead..." "...dredge estimated 4000 cubic yards..." "...maximum six feet below mean low water..." Further, the Lead Agency Coordination Request categorizes project as "Unlisted", whereas the Notice of Complete application describes it as "Type I". the Also on the Coordination request, the "WANT/DO NOT WANT" section is not filled in. I~ any of these apparent discrepancies are, important to either the Trustees or the DEC, to correct them? or might be, could you arrange a subsidiary of THE PECONIC EASTERN CORPORATION TRUSTEES John M. Bredemeyer, HI, President Hemy P. Smith, Vice President Albert J. IOul~ki, John L. Bednosld, John B. Tuthill Telephone (516) 765 - 1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCO'VI' L. HARRIS Town HaH 53095 Main Road P.O. Box 1179 $outhold, New York 11971 NOTICE OF COMPLETE APPLICATION DATE: October 3, 1991 DESCRIPTION: Pursuant to Article 8 of the Environmental Conservation Law, Part 617 Title 6 of NYCRR and Chapter 44 of the $outhold Town Code (Environmental Quality Review) the Southold Town Trustees have reviewed the (Chapter 97, Wetlands/Chapter 32 Boats Docks and Wharves) permit application of: Proner-T Permit Services on behalf of Joseph Cornacchia for construction of.~-~near feet of bulkhead within 18" of existinu functional bulkhead & maintenance dredue ~.$-' ~%~ of material from naturally filled at SCTM #1000-70 - 13-~.~ being Situated at: · channel to depth Southold tributary t~VTown/Jockey Creeks of .~: :bl!~l~ ~ Street, Town Body of Water/Wetland Area At our 10/ 3 / 91 ~Regular~Special) meeting and by resolution of this Board l~r--ha~-been determined that said application is complete. The Board ~will not) ~eek lead agency status for this proposal as we coT~Fence our Environmental Revi 'e~tn~ matter which we have typed as a ~%~'~ action.~ not located in a Critical Environmental Area.) copies to: ~own Clerks Bulletin Board on 10/4 / 91 /Conservation Advisory Council Planning Board Zoning Board Building Department Suffolk Times / / Mattituck Traveler/Watchmen / / ~pplicant/Agent * subject to requirement that channel beneath foot bridge be re-dredged to 4' below MLW with amended drawing submitted which is consitent with 9/27/91 letter of Proper-T Services. TRUSTEES .Iohn M. Bredemeyer, III, President Henry P. Smith, Vice President Albert I. Krupski, Jr. lohn L. Bednoski, Ir. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR sCOTI' L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 LEAD AGENCY COORDINATION REQUEST TO: Dept. of Environmental Conservation DATE: O&tober 5, 1991 Enclosed is a permit application and a completed part I of the Environmental Assessment Form. Southold Town Trustees are interested in your ageny's comments in acting as SEQRA Lead Agency for: NAME: Joseph Cornacchia LOCATION: 635 Kimberly Lane, Southold TAX MAP: 1000-70-13-20.3/20.4 DESCRPTN: See attached PERMIT REQUIRED: ( ~ TOWN WETLAND ( SEQRA CLASSIFICATION: ( ) Type I PERMIT # Pending OTHER ( ) Type II ( )0 CEA Please contact John M. Bredemeyer, III, President, within 30 days and be advised that the Southold Town Trustees HOT WM~! ~o as~uiue ~ead a~ency. SENT TO: DOS ( ) DEC (~-~ DOH ( ~ PB ( ) ZBA ( ) BLD ( ) Please processing. Involved Agency: Project Name: Location: SCTM: We at AGENCY Trustees assuming Lead Agency. complete, detach and return this form to expedite (Have/No) objection to Southold Town Contments/Reasons: Signature of Authorized Representative Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 734 - 5800 November 15, 1991 5 1991 TOWN OF SOUTHOLD Mr. John Bredemeyer, III, President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application on behalf of Joseph Cornacchia SCTM ~ 1000-70-13-20.3/20.4 Dear Mr. Bredemeyer: Please note the highlighted portion, concerning lead agency designation and SEQR significance determination, of the at- tached Notice of Incomplete Application from the DEC. Will you respond to the DEC on these two items? If you need anything else from me, please call. // a subsidiary of THE PECONIC EASTERN CORPORATION NOTICE OF INCOMPL~- t ~- APPLICATION - THIS IS NOT A PI~RMIT JOSEPH CORNACCHIA 635 KIMBERLY LANE SOUTHOLD, NY 11971 APPUCA'noN D 1-4738-00256/00001-0 i~,~c~ NU~.e~R 088084 PERMrrs APP~ED FOR 1 ARTICLE 25: TIDAL WETLANDS I SECTION 401 - CLEAN WATER ACT: WATER QUALITY CERTIFICATION 1 ARTICLE 15, TITLE 5: EXCAVATION AND FILL IN NAVIGABLE WATERS FACILITY/PROJECT CORNACCHIA PROPERTY PROJECT IS LOCA~D IN SOUTHOLD ~ SUFFOLK COL~N~ OWNER IDNUMBER 33617 Your APl~iCalion fm Permit is InCanl~e~e, ~he Fdlo~g Items are Required: · The correct fee was nol submitted. Please submit a check or money order payable to the New York State Department of Environmental Conservahon for $740. · The project is being reviewed pursuant lo the Slate Environmental Quality Review Acl (SEQR). ~k ; :1~~ Lead ~y ofltf, i. daWm~ ot Addibenal Information: PLEASE BE ADIVSED THAT THE APPICATION FEE FOR THE NEW DREDGING OF AN AREA GREATER THAN 5000 SQUARE FEET IS $950(SEE ATTACHED FEE SCHEDULE). LESS THE $210 ALREADY SUBMITTED, THE BALANCE DUE IS $740. NO FURTHER ACTION CAN BE TN(EN UNTIL ALL OF THESE MATERI/~S ARE RECEIVED CONTACT PERSON LAURA J SCOVAZZO S~GNA~URE NYS DEPT OF ENVIRC)~M~TAL CONSERVATION DIVISION OF REC-ULATORY AFFAIRS DATE 11.0§.'91 SONY CAMPUS. BL[X~ 40. ROOM 2 Il) TELEF~ONE NLI~ISER 51 6-751-7900 S'[ON¥ BROOK N~W Y~K 1179~) 235~ 'RECEIVED. NOV 1991 J.E. FITZGERALD TOWN OF SOUTHOLD EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL ' SERVICES 516-263-6360 FAX NO. 516-283-6136 October 31, 1991 Mr. John Wieland New York State Department of Environmental Conservation SUNY, Building 40 Stony Brook, New York 11794 RE: AL KOKE - #10-89-1465 Dear Mr. Wieland: I have prepared a revised sketch of the proposed dredge area and environs based upon an old survey of the area and an on-site inspection by me on October 28, 1991. The amount of erosion on the north side of the island is extremely alarming. The northern-most bulkhead and several of the jetties are completely surrounded by water at all tidal stages. This is allowing water to enter Jockey Creek unimpeded and further shoaling the northerly end of the channel. Wetlands will be adversely affected by the direct onslaught of wave action, which will cause substantial loss of property. A revised spoil area based upon the recommendation of the Southold Trustees has been superimposed on the work plan. It remains approximately 900' in length but has been shifted to the north where the most severe problems are occurring. While we understand the Department's position against filling of coastal shoals, bars, and mudflate, we believe that an overriding concern in this instance is the preservation of the long-standing conditions on the island and the interior of Jockey Creek. Mr. John Wieland - 2 - October 31, 1991 Intertidal and high marsh areas have been shown, as well. Except for the easterly side of the inner canal, marsh vegetation is spotty and, in my opinion, unsubstantial. Even if some were to be lost through the dredging and/or spoiling operations, this would not have a significant effect. They would certainly re-establish Once the area has stabilized, and in fact, more habitat for coloniza- tion would be available once the spoil is in place. I believe the Department is making a grave mistake in preventing this project from going through and is mis- interpreting its mandate under the Tidal Wetlands Act. I would hope that the applicant would not be subjected to the additional time and expense of a public hearing, which would only result in accumulated environmental damage. A thorough review of the situation should lead the NYSDEC to conclude that the project is reasonable and necessary and should go forward immediately. Very truly yours, RLH: KD Enclosures cc: A1 Koke . Southold Trustees James H. Rambo, Inc. Roy L. Haje President _.~£ION RESPONSE ,- q -7'3F- oc05'g joooo ~ - o & p. _j~Ct: J your communication of Oc%b~r '~'',--//~¢,/ re~ardin~ ..on for the above-noted project, under Article 8 (State ~uality Review - SEQR) of the Environmental Conservation Law ~R Part 617. The Department has the following interest in this DEC Permits (if any): -~ (~&\ ~ DEC Contact Person: ~r& SEQR Classification: ~Type I [ ] Unlisted 3 DEC Position: ;_~_ Based on the information provided: h EC has no objection to your agency assuming lead agency status for is action. [ ] DEC wishes to assume lead agency status for this action. [ ] DEC needs additional information in order to respond (see comments). [ ] DEC cannot be lead agency because it has no jurisdiction in this action. Comments: [ ] see attached [~one If you do not concur with the DEC position indicated above, please contact this office to resolve designation of lead agency within the time allowable under Part 617. Please feel free to contact this office for further information or discussion. New York State Departmen of Environmental onservation Building 40--SUNY, Stony Brook, New York 11790-2356 (516) 751-1359 FAX (516) 751-383! Thomas C. Jorling Commissioner Roy Haje, Pr&s. Eh-COnsultants, Inc. ]329 North Sea Rd. Southampton, N.Y. 11968 October 25, 1991 NOTICE OF' INCOI~lmLETE ~kPPLICATION TOWN OF SOUTHOL[ P,E: DEC ~pplication #10-89-1465 Dear Mr. Haje: Your project plans da~ed 8/24/89, as revised 6/3/9i, should be revised to accurately depict existing site conditions. T~e current plans are deficient as follows: / (l) The current plans show only four (4) groins, not five (5). (2) The intertidal marsh and osprey n~st on the west side of the peninsula should be shown. (3) The proposed spoil placement area should be dimensioned ]00' x ]200' rather than 100' x 900'. (4)The mean low water should be accurate]ty shown in the area of the timber groins. Finally, please submit proof of ownership for all properties subject to any proposed project activities such as traversing land, dredging or spoil Thank you for your efforts. JAW/rw cc: A. Koke J R. A. Greene C. J. Costopoulos file /'Very trul~ yours, J Jo.hn A. W~eland Sr, Envirlnmental Analyst Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 (516) 734-5800 October 17, Mr. John Bredemeyer, III, President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 1991~ Re: Application on behalf of Joseph Cornacchia SCTM ~ 1000-70-13-20.3/20.4 Dear Mr. Bredemeyer: Mr. Cornacchia would like to amend for the dredging of the channel at so that it opens to Shelter Island this application to provide the south end of the lagoon Sound. In support of this requested amendment, enclosed are revised drawings for the project and a revised project description. If you need anything else, please call me. Enclosures: Project Plan, Project Plan, Dredging (Rev 10/15/91) Revised Project Description ~rald~ Jrf a st~bsidiary of THE PECONIC EASTERN CORPORATION 2-1 t991 TOWN OF SOUTHOLD SCTM # 1000-70-13-20.3/20.4; Joseph Cornacchia October 15, 1991 REVISED PROJECT DESCRIPTION Construct approximately 390 linear feet of bulkhead within 18" of existing functional bulkhead; dredge lagoon to maximum six feet below MLW and dredge open small channel to Shelter Island Sound, yielding estimated 4000 cu. yds. of spoil; use spoil to backfill behind new bulkhead and to nourish beach. 1olin AL Bredm'a~or, llI, president Ilemly ~. Smith, Vice President Albe_~ I. I{-"Ul~Id, Jr. John L. Bednosld, Jr. lohn B. Tuthill BOARD OF TOWN TRUSTEES Telephone (516) 765-1892 Fax (516) 765-1823 TOWN OF SOI,.,1THOLD LEAD AGENCY COORDINATION REQUEST SUPERVISOR sCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 TO: Laura Scowazzo, DEC DATE: October 5, 1991 Enclosed is a permit application and a completed part I of the Environmental Assessment Form. Southold Town Trustees are interested in your ageny's comments in acting as SEQRA Lead Agency for: NA~: Joseph Cornacchia LOCATION: 635 Kimerly Lane, Southold TO{ MJLP: 1000-70-13-20.3,20.4 PERMIT # Pending DESCRPTN: See attached PERMIT REQUIRED: ( ~ TOWN ~TLAND ( ) OTHER . SEQRA CLASSIFICATION: (X) Type I ( ) Type II ( ) UNLISTED ( ) CEA Please contact John M. Bredemeyer, III, President, w~0 days and be advised that the Southold Town Trustee~WANT)j~ ~ to assume lead agency. SENT TO: DOS (X) DEC (X) DOH ( ) PB ( ) ZBA ( ) BLD ( ) Please complete, processing. Involved Agency: Project Name: Location: SCTMi We at AGENCY Trustees assuming Lead Agency. detach and return this form to expedite (Have/No) objection to Southold Town Comments/Reasons: Signature of Authorized Representative TRUSTEES John M. Bredemeyer, HI, President Henry P. Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski, Jr. loire B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR scOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 LEAD AGENCY COORDINATION REQUEST TO: Michael Corey DATE: October 5, 1991 Enclosed is a permit application and a completed part I of the Environmental Assessment Form. Southold Town Trustees are interested in your ageny's comments in acting as SEQRA Lead Agency for: NAME: Joseph Cornacchia LOCATION: 635 Kimerly Lane, Southold TAX MAP: 1000-70-13-20.3,20.4 DESCRPTN: See attached PERMIT REQUIRED: ( ~ TOWN WETLAND ( ) OTHER SEQRA CLASSIFICATION: (X) Type I ( ) Type II ( ) UNLISTED ( ) CEA PERMIT 9 Pending Please contact John M. Bredemeyer, III, President, w~.0 days and be advised that the Southold Town Trustee~WANT)~(q)8~ -1~ to assume lead agency. SENT TO: DOS ( ) DEC (X) DOH ( ) PB { ) ZBA ( ) BLD ( ) Please complete, detach and return this form to expedite processing. Involved Agency: Project Name: Location: SCTM: We at AGENCY Trustees assuming Lead Agency. (Have/No) objection to Southold Town Comments/Reasons: Signature of Authorized Representative TRUSTEES John M. Bredemeyer, III, President Hemy P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES ToWN OF SOUTHOLD sUPERVISOR SCOTt L. HAILRIS Town Hall 53095 Main Road P.O. Box ! 179 Southold, New York 11971 LEAD AGENCY COORDINATION REQUEST TO: Dept. of Environmental Conservation DATE: O~tober 5, 1991 Enclosed is a permit application and a completed part I of the Environmental Assessment Form. Southold Town Trustees are interested in your ageny's comments in acting as SEQRA Lead Agency for: NAME: Joseph Cornacchia LOCATION: 635 Kimberly Lane, Southold TAX MAP: 1000-70-13-20.3/20.4 PERMIT # Pending DESCRPTN: See attached PERMIT REQUIRED: ( ~ TOWN WETLAND ( ) OTHER SEQRA CLASSIFICATION: ( ) Type I ( ) Type II (X)~ UNLISTED ( }0 CEA Please contact John M. Bredemeyer, III, President, within 30 days and be advised that the Southold Town Trustees (WANT)/(DO NOT WANT) to assume lead agency. SENT TO: DOS ( ) DEC (x~ DOH ( ~ PB ( ) ZBA ( ) BLD ( ) Please complete, processing. Involved Agency: Project Name: Location: SCTM: We at AGENCY Trustees assuming Lead Agency. detach and return this form to expedite (Have/No) objection to Southold Town Comments/Reasons: Signature of Authorized Representative TRUSTEES John M. Bredemeyer, RI, President Henry P. Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Towll Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 NOTICE OF COMPLETE APPLICATION DATE: October 3, 1991 DESCRIPTION: Pursuant to Article 8 of the Environmental Conservation Law, Part 617 Title 6 of NYCRR and Chapter 44 of the Southold Town Code (Environmental Quality Review) the Southold Town Trustees have reviewed the (Chapter 97, Wetlands/Chapter 32 Boats Docks and Wharves) permit application of: Proper-T Permit Services on behalf of Joseoh Q0rnacchia for construction of 308+/- ~near feet of bulkhead within 18" of existin~ functional bulkhead & m~ntenance dredge 39+/- c.v. of material from naturally filled at SCTM #1000-70 - 13-~R'~ being situated at: · channel to depth Southold tributary tGVT6wn/Jocke¥ Greeks of 4' below MHW* Street, Town Body of Water/Wetland Area At our 10/ 3 / 91 ~Regular~Special) meeting and by resolution of this Board l~--h'dg-been determined that said application is complete. The Board ~will not) seek lead agency status for this proposal as we cor~nence our Environmental Revie~ matter which we have typed as a Type 1 action. ((Located~ not located in a Critical Environmental Area.) copies to: ~'~own Clerks Bulletin Board on 10/4 / 91 g/Conservation Advisory Council Planning Bbard Zoning Board Building Department Suffolk Times / / Mattituck Traveler/Watchmen / / u~Applicant/Agent * subject to requirement that channel beneath foot bridge be re-dredged to 4' below MLW with amended drawing submitted which is consitent with 9/27/91 letter of Proper-T Services. GAlL S. SHAFFER SECRETARY OF STATE STATE OF NEW YORk DEPARTMENT OF STATE albanY. N.Y. 12231-OO01 OF $OUTHOLD September 24, 1991 Mr. James E. Fitzgerald, Jr. ProperoT Permit Services P.O. Box 617 Cutchogue, NY 11935 Re: F-91-337 U.S. Army Corps of Engineers/NY District Permit Application 91-0092-L2 Joseph Cornacchia Town of Southold Request for Additional Information Dear Mr. Fitzgerald: Pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed project. Thank you for forwarding a copy of your September 16, 1991 letter to Robert Greene in regard to an emergency permit issuance for this proposal. Judging from the urgency expressed in the resolution passed by the Town of Southold Board of Trustees on September 5, 1991, the Jockey Creek Spoil Island may be in danger of being breached, an action that would have substantial adverse impacts on vegetated wetlands on the Jockey Creek side of the island. In order to help document the problems caused by Bob, please submit photographs to show the devastation addressed by the Town in its resolution. In addition, please respond to my letter to you dated June 26, 1991, in which I requested an adequate reply to my February 28, 1991 letter. Pursuant to 15 CFR 930.60(a), the review of your consistency certification will begin after we receive and determine that the necessary data and information is adequate to assess coastal zone effects. Mr. James E. Fitzgerald September 24, 1991 Page 2 Any additional information which you believe will facilitate our consistency review of this project would be appreciated. A copy of this letter has been sent to the U.S. Army Corps of Engineers. Please call me at (518) 474-3642 if you have any questions. Sincerely, ~ ~ Michael Corey Senior Environmental Analyst MC/jtb cc: CeE/NY District - Roberto Barbosa NYS DEC/Region 1 - Christine Costopoulos Town of Southold Trustees - John Bredemeyer, III Proper T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 (516) 734 -5800 September 27, 1991 Mr. John Bredemeyer, III, President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 TOWN OF $OUTHOLD Re: Application on Behalf of Joseph Cornacchia SCTM ~1000-70-13-20.3/20.4 Dear Mr. Bredemeyer: For the reasons contained in the Trustee resolution of Sep- tember 5, 1991, concerning the Jockey Creek Spoil Island, and the importance of the project which is the subject of this application toward the objectives of the resolution, we re- quest that urgent consideration be given to granting approval of a permit for this project on an emergency basis. If it will facilitate approval of the project to dredge the lagoon, the owner will agree to dredging open the channel at the south end of the lagoon, with the understanding that in so doing he does not incur any obligation to perform future dredg- ing operations which may be required to maintain the channel in an open condition. Enclosed for your files is a completed Long Environmental Assessment Form, Part 1. If you need anything else, please call. mes I .rald; Jr/ a subsidiary of THE PECONIC EASTERN CORPORATION EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360 FAX NO. 516-283-6136 September 16, 199! Mr. John Wieland New York State Department of Environmental Conservation SUNY, Building 40 Stony Brook, New York 11794 RE: A~ KOKE - #10-89-1465 Dear Mr. Wieland: I have just received a copy of a resolution dated Septem- ber 5, 1991, by the Board of Town Trustees of the Town of $outhold. Please be aware that this action was taken unilaterally by the Trustees and was unsolicited by either myself or my client. Nevertheless, we whole-heartedly endorse its content. Mr. Keke reperts that Hurricane Bob further eroded the barrier island on which we propose to place spoil as beach nourishment. This demonstrates even more clearly the necessity for restoring and maintaining this island which serves as a protective feature not only for the applicant's property and the Town ramp, but also for the nearby Town and Jockey Creeks. If the island were to disappear completely, wave action could enter these bodies undiminished and destroy or at least severely damage the extensive fringe wetland system, as well as upland properties, docks, etc. Therefore, it is in the interest of all parties involved to allow this project to go forward as soon as possible. Mr. John Wieland - 2 - September 16, 1991 Should you have any questions or need further mation, please let me know. Very truly yours, infor- RLH:KD cc: A1 Koke Southold Trustees Roy L. Haje President