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HomeMy WebLinkAboutHurtado, JohnLandUse January 14, 2003 Town of Southold Board of Trustees 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn: Mr. Albert J. Kmpski, Jr. Re: Recreational Dock Application John Hurtado, Sr. North Bayview Road, Southold Dear Mr. KrupsM: Attached please find five (5) copies of a Marine Resource Assessment (Essemial Fish Habitat Assessment) prepared relative to the above referenced project. Kindly review and contact me with any cmmnents. Charles W. Bownmn CWB/ca Enc. 2~,, ,.,, ¢.c, ur~d.~,.~nu,: .... · Baitir',g ~tc, llc,,.,., Ne,'., York · 1'1~',~'~'~ ~'-' 031 ,' z,'-z4',~0 · F-~,', J 727-z_6~,~t, Marine Resource Assessment for Proposed Dock Installation- Hurtado Property, North Bayview Road Town of Southhoid Prepared By: Date: Charles W. Bowman, President Land Use Ecological Services, Inc. January t4, 2003 Applicant: John and Christine Hurtado C/O Land Use Ecological Services, Inc. (Agem) Location: H~ado Property, North Bayview Road, Town of Southnld, NY SCTM No. 1000-79-05-20.013 Proposed Aetivi .ty: As shown on thc attached site plan, thc applicant is proposing the construction of a fixed 4' by 100' timber dock. Thc purpose of this dock construction is to provide mooring for the applicant's recreational vessel(s). The project will impact open beach habitat and nearshorc open waters. Saki dock will extend to open waters 4' in depth at mcan Iow water. All timber dock pilings (6" diameter) will be installed to a depth of 10' and will bc jetted by hand. General and special conditions stipulated in USACOE and NYSDEC permit (Application No. 1-4738-02467/00006 and TBD) will be followed. This document will serve to accomplish several goals including; · to access thc impacts of this proposed project to the neatr~re benthic habitat of the Hurtado property. · to provide a detailed review of the life history of the fmfish species most likely to be impacted by this project. · to determine the imlnmts of the proposed project on these fmfish species. · to propose mitigation measures to minimize the impacts of the proposed construction. Essential Fish Habitat Designations: The waters of Southokl Bay and Shelter Island Bay have been identift~l as Essential Fish Habitat (EFH) for one or more life cycle stage of 14 species of fmfish by the National Marine Fisheries Service (NMFS), as shown in Table 1. A filled circle indicates that these waters have been characterized as EFH for a particular life stage of a managed species. Finfish species of particular concern, at the proposed project site, arc winter flounder (Pleuronectes americanus), windowpane flounder (Scopthalmus aquosus), and red hake (Urophycis chuss), as all life cycle stages of these species are potentially influence by thc proposed dock construction. In accordance with the 1996 amendments to thc Magnuson-Stevcns Fishery Conservation and Management Act, an EFH consultation with will be pursued with NMI:S for this proposed timber dock construction. -l- Table 1: Species Eggs i Larvae Juveniles Adults Atlantic Salmon < < (Salmo salar) Red Hake _< < < _< (Urophyeis chuss) Pollack < < (Pollachius virens) Winter Flounder < < < < (Pleuronectes americanus) Windowpane Flounder < < < < (Scopthalmus aquosus) Atlantic Sea Herring < < (Ctupea harengus) Bluefish _< !_< (Pomatomus saltatrix) Atlantic mackerel _< _< _< _< (Scomber scombrus) Summer Flounder < < (Paralicthys dentatus) Scup < < < (Stenotomus ehrysops) Black Sea Bass < (Centropristus sUiata) King Mackexel < < < < (Scomberomorus cavalla) Spanish Mackerel ~< _< _ _< (Scomberomorus maculates) Cobia < _< !5 _< (Raehyeentrea canadum) Assessment of impacts to Essential Fish Habitat and I)eseription of Mitigation Measures General Impacts of Proposed Dock Construction on Biotic Habitat Characteristics The Hurtado property includes open beach and estuarine intertidal annd subtidal habitats. Open beach habitats are typically vegetated by pioneer plant species that are physiologically adapted to fi'equent exposure to salt spray and aeolian (wind-blown) sand. Plant species con~nonly in open beach habitats include American beaehgrass (,4mmophila breviligulata), beach pea (Lathyrus japonicus), dusty miller (.4rtemisia stelleriana), seaside goldenrod (Solidago sempervirens), common saltwort (Salsola kali), seaside spurge (Euphorbia po!ygonfolia), seabeach cocldebur (Xanthium strumarium) and sea rocket (Cakile edentula). The nearshore~ subtidal habitats proximal to the Hurtado property are characterized by sandy substrates. Field inspection of the project site indicated that eeigrass beds are not located in the subtidal zone proximal to the Huratdo property. The benthic community affected by this project is composed of small benthic invertebrates, including various crustaceans, mollusks, and polycheates, typical -2- of shallow estuarine waters. Many of these invertebrates serve as prey for some of the life cycle stages oftbe finfish species listed in Table t. Invertebrate species that are expected to be particularly abundant include common spider crab (Libinia emarginata), lady crab (Ovalipes ocellatus), horseshoe crab (Limulus polyphomus), channeled whelk (Busycon canaliculatum), Atlantic slippersuail (Crepidula fornicata), northern oyster drill ( Urosalpinx cinera), grass shrimp ( Palaemonetes sp.) and sand shrimp ( Crangon sp. ). Small schooling finfish such Atlantic silversides (Menidia menidia), mummichog (Fundulus heteroclitus), striped killifish (Fundulus majalis), and shcepshead minnow (Cyprinodon variegatus) are also likely to be abundant and serve as important prey species for several of the piscivorous species listed on Table 1. The proposed dock construction will certainly cause localized turbidity in areas proximal to the site of piling installation, Thus turbidity will negatively impact the foraging of many oftbese filter feeding benthic invertebrates and may result in some mortality of these abundant species. However, will disturbance will be transient and will not cause permanem damage to the habitat, as the shallow depth and will result in rapid resettlement of susponded sediments. Ftmbermore, benthic invertebrate populations will quickly recover from this disturbance due primarily to the large dispersal capabilities for these species. Few long-term impacts to subtidal habitats in Southold Bay are expected from the proposed dock ceustmction. For instance, the propeller action of moored vessels will have negative impacts on bottom sediments due to increased turbulence, scouring, and abrasion. This may possible result in a small, localized area ofunmitable habitat for benthic organisms in the immediate vicinity of the moored vessel(s). Specific Impacts of Proposed Dock Construction on Managed Finfish Species 1. Winter Flounder (Pleuronectes americanus) This common, righteye flounder supports important commercial and recreational fishories throughout the mid-Atlantic and New England regions. The current winter flounder stocks in these regions are considered overexploited as the commercial yield from these fisheries has declined since a peak in the 1980s (Brown and Gabriel, 1998). For instance, the stock biomass in the New England and Mid-Atlantic regions had declined dramatically from 39,000 million tons (mt) in 1981 to 8,500 mt in 1992. The stock biomass has since increased, to 18,000 mt in 1996, but remains overharvested. ~llais ongoing overexploitation of the winter flounder stock mandates that practicable efforts be taken to minimize impacts to spawning activity and larval survival. All stages oftbe winter flounder's life cycle are highly dependent on estuafine habitats. Adults are typically found in cool, deep waters of coastal shelves, in the summer months and annually migrate to their natal estuaries to spawn in late winter (Pholan, 1992). This winter influx of sexually mature (> 2-3 year old) adults occurs between early February and March in the Navesink Estuary, New Jersey. Thus, adult flounder would he expected to begin to enter the Peeonic Bay estuarine system at approximately the same time or slightly later. Adult flounder then typically return to cooler offshore waters when estuarine water temperatures begin to exceed 15° C (Howe and Coates, 1975). -3- Winter flounder typically spawn in throughout the winter and early spring with peak activity occurring during February and March in Massachusetts Bay (Bigelow and Schroeder, 1953). Flounder spawning habitat can vary widely in both salinity and temperature. For instance, spawning has been reported to occur from depths of less than 5m to more than 45m and at salinities between 11 and 33 ppt (Pearcy, 1962; Kennedy and Steele, 1971). Likewise, in a study tocated in a New Jersey estuary, deposited eggs were found at salinities between 14-32 ppt, temperatures between 0.9-10°C, and depths from 0.5-4 maters (Scarlett and Allen, 1989). Spawning appears to occur on alt substrate types, although sand seems to be most eo~,~on, and the presence of submerged aquatic vegetation is not necessary (Perira et al, 1999). Given the generalistie nature of the habitat requirements for spawning winter flounder spawning, winter flounder spawning activity is possible throughout much of the Peconic estuary and in waters on or proximal to the Hurtado property. The spawned eggs are demersal, adhesive, and stick together in clusters within the surficial sediments. Eggs typically hatch 2-3 weeks after deposition, depending on water temperature. Winter flounder larvae are initially planktonic, but then becoma inereaslugly demersal as matamorphosis approaches. Juvenile flounder may spend the entirety of their first year in shallow, esmarine waters (Sancet~nan and Deegan, 1991). However, other studies report that temperature preferences and a strong photonegative response cause first-year flounder to migrate fi'om the shallows in the late fall and early winter of their first year. These physiological constraints may also tend to keep okter juvenile flounder in deep, cooler waters throughout much of ibc year. Flounder are opportunistic feeders and diet preferences change during development. Larvae feed largely upon nauplii, polycheates, invertebrate eggs, and phytoplankton (Pearcy, 1962). Metamorphosing and recently metamorphosed flounder depend on copepods and harpaeticoids, while first- and second-year juveniles depend largely on amphipods and polyeheates. Adult flounder have also been found to prey upon bivalves (Stoner et al, 1999), capelin eggs (Frank and Leggett, 1983), and small fish (Kennedy and Steele, 1971). Adult winter flounder are obligate sight feeders and, as a result, foraging activity is limited to sunlight hours (Olla et al, 1969) and has been found to be reduced on cloudy and winter days (Frame, 1971). The preceding review of the life history and habitat requirements of winter flounder suggests that the proposed dock construction could have several potentially adverse impacts on winter flounder attempting to utilize the nearshore waters for spawning habitat. Specifically, habitat disturbances and increased turbidity due to piling installation may interfere with spawning and cause increased mortality of the demarsal eggs and larvae. However, due to the small spatial scale of the project, this disturbance will not have significant negative impacts on the Peconie estuary's winter flounder stocks. Furthermore, these adverse impacts will be short-term in nature, as they are only associated with the project's construction phase. Once the project is completed the long- term adverse mipaets to winter flounder habitat, such as increased bottom shading, increased human activity, and bottom scouring by propeller action, are most likely to be inconsequential to winter flounder stocks. Habitat quality, in terms of prey abundance, is likely to bo maintained as the primary processes dictating abundance and diversity of trophic levels (primary production, decomposition, and organic matter export) are unlikely to be effected by the proposed dock construction. -4- However, in light of the current overharvested state of winter flounder stocks, it would be beneficial to minimize the impacts (specifically, mortality of eggs, larvae, and juveniles) of the construction phase of the proposed project by limiting the timing of construction to the months between October and February. 2. Windowpane Flounder (Scophth,~tamus aquasus): The windowpane flounder is not intentionally collected by the co,auttercial fishing industry but is ot~en caught as bycatch in bottom trawl fisheries. Windowpanes are commonly found in shallow (< 110 m) coastal waters, but are most abundant fi'om depths of 1-2 m to 56 m (Warfel and Merriman~ 1944; Thorpe, 1991). All life stages of this species are common or abundant in all estuaries situated south of the Cape Cod, including Great South Bay (Jury et al, 1994; Stone et al, 1994). Adult windowpane flounder may migrate to nearshore and estuarine habitats in the spring through autumn. Adult fish also occur largely on sand substrates in the Mid-Atlantic Bight and southern New England (t~,n~on et al, 1994) A study of gonadal development in sexually mature fish by Wilk et al. (1990) suggests that spawning may occur fi'om April to December but is bimodal with two peaks in spawning activity. Spawning is largely confined to the continental shelf, but may occur in the high salinity portions of estuaries in the Mid-Atlantic. The eggs are buoyant and may be carried into estuaries by currents and tides. Larvae spawned in the spring spawning peak settle in both estuaries and on the continental sbelt; whereas larvae spawned in the autunmal peak settle predominantly on the coastal shelf(Morse and Able, 1995). In waters of New York and New Jersey, these spawning peaks have heen documented in May and September. Bottom trawl surveys of Narragansett Bay and Hudson-Raritan Bay have found that the demersal juvenile windowpane are found throughout the year, at nearly all depths, but show a preference for deeper water and channels (7-17m) and salinlties of 22-30 ppt. In contrast to the winter flounder, windowpane flounder largely do not spawn in estuaries and the eggs arc not demersal. In addition, juvenile windowpane are expected to he found in waters of greater depth than winter flounder juveniles. Therefore, the impacts of the proposed dock construction project to the reproductive success of windowpane flounder is less. Furthermore, the proposition to limit construction to the months &October through January will serve to prevent impacts to eggs and larvae that settle in estaaries at, er the spring spawning peak. 3. Black Sea Bass (Centropristis striata) Adult black sea bass migrate to nearshore waters and bays in the Mid-Atlantic Bight to New England in the spring, when water temperatures exceed 7°C, from their overwiutering areas in decper water south of New Jersey. In northern waters, sexually mature adults spawn on the cominental shelf (20-50m) in the summer and fall (May to November) predominantly between Chesapeake Bay and Montauk Point (Berrien and Sibunka, 1999). However, gravid females are not generally found in estuarine habitats (Allen et al, 1978). The demersal larvae settle in coastal areas and are rarely found in estuaries. However, first-year juveniles typically migrate into estuaries from July to September -5- (Able and Hales, 1997), while older juveniles may begin to be found in late spring. Within estuaries, juvenile black sea bass utilize hard substrates with shelter (marsh boundaries, seagrass beds, oyster and mussel beds, pilings and wharves, and shoals) in waters ofsalinities > 8 ppt. Larger juveniles may he common in deeper estuarine channels (Allen et al., 1978). The recruitmem of first-year sea bass to estuaries is highly variable both year-to-year and between esmarine ecosystems (Steimle et al, 1999). During the summer months, adult black sea bass are most often associated with nearshore coastal structures such as wrecks or jetties and are found with cunner and tautog. However, they can also found in estuaries, as well, in areas with oyster or mussel shell substrates and eelgrass beds. As coastal and estuarine waters begin to cool to below 14°C in the autumn, juvenile and adult black sea bass in the Mid-Atlantic Bight will return to warmer waters to the south and offshore between New Jersey and North Carolina (Steimle et al, 1999). As is evident in the preceding review oftbe life history of the black sea bass, estuarine habitats are crucial for maintenance of viable stocks. However, by limiting construction activities to the months of October through February, temporal separation of the construction disturbance and black sea bass abundance is achieved. Furthermore, the com;txuction of a dock is unlikely to adversely impact black sea boss individuals or stocks as this species is often associated with hard structures such as pilings and wharves. Therefore, this project is not expected to eause significant impacts to the black sea bass stocks. 4. Seup (Stenotomus chrysops) Similar to black sea bass, juvenile and adult seup migrate to and inhabit coastal and cstuarine waters between New Jersey and Massachusetts between spring and fall. However, in contrast to the black sea bass, the Peeonic estuary has been cia.ss'filed as EFH for both juvenile and adult soup life stages. Larger adults tend to arrive in these estuaries and coastal waters earliest (early May in southern New England), followed slightly by subadults, and finally by first-year juveniles in June (Able and Fahay, 1998; Sisson, 1974). Sexually mature adults then typically spawn in coastal water or in large bays and estuaries. Curiously, spawning in estuaries is highly variable in that spawning bas been documented in Long Island Sound, Peconic, Gardiner's, and Raritan Bay (Steimle et al, 1999) but not in Block Island Sound, Great South Bay, Great Bay, ortbe lower Hudson River (Able and Fahay, 1998). Soup spawnlnE typically occurs in the morning hours (Ferraro, 1980) over sandy or vegetated substrates. Larval seup feed upon various types of zooplankton (Griswold and McKenney, 1984) and juvenile fish feed upon polychaetes, amphipods and small crustaceans, mollusks, and fish larvae and eggs. Juvenile seup can dominate the ichythofa~ma of larger estuaries and may he highly abundant over a wide variety of inter- and sub-tidal substrate types including sand, silty sand, mud, mussel beds, and eeigrass beds (Baird, 1873). Adult seup are also substrate generalists and will he found in waters ranging in salinity from 20-31 ppt (Baird, 1873; Eklund, 1988). Scup tend to be found in size-segregated schools with smaller fish being found in estuaries and coastal waters and larger fish more likely to be present in deeper waters (Morse, 1978). These fish tend to leave estuarine habitats when water temperatures drop below 8-9°C (often around November) for warmer waters on the continental sheffor south to North Carolina (Bowman et al, 1987). -6- Similar to the windowpane flounder and black sea bass, the restriction of dock construction to the autunmal and winter months will eliminate any direct mortality of larvae and juvenile due to construction activities. Furthermore, any long-term, localized habitat degradation at the project site is unlikely to significantly impact individuals or stocks of this highly abundant fish species. 5. Bluefish (Pomatotus saltatrix) Thc bluefish is another species in which the juvenile and adult fish are seasonal inhabitants of esmarine areas of the Mid-Atlantic Bight but predictably leaves these waters when temperatures reach 14-16° C (Bigelow and Schoeder, 1953). Spawning occurs in the Southern Atlantic Bight, larvae and juveniles then migrate through a combination of passive and active transport and arrive in estuaries between late May and early June (Cowen et aL, 1993). These fish, as well as adults, then depart from Mid- Atlantic Bight estuaries in October for waters located south of Cape Hatteras, North Carolina. Juvenile and adult bluefish are highly oppommistie foragers and will feed on locally abundant species of fish and crustaceans. Young bluefish also tend to he genemhstic in t¢~ of preferred substrate type and have been associated with mostly sand bottoms but also mud, clay, and silts and will also utilize bottoms vegetated with Ulva, Zostera, Spartina, and Fucus. Adult bluefish tend to prefer more open water estuarine habitats. Similarly, juvenile and adult bluefish have slightly different salinity preferences as young bluefish are foumi in sslinities of 23-33 ppt, but can physiologically tolerate lower salinities, and adults prefer near-ocean salinity (Fahay et al, 1999). The highly motile nature of juvenile and adult bluefish suggest tlmt this species will not he effected by the permanent dock or increased vessel traffic. Furthermore, this species will not he ~. cted during dock construction if activity is limited to the win~er months. 6. Summer Flounder (Paralichthys dentatus) This predatory, left-eyed flounder is only found seasonally in estuarine habitats as the summer flounder undergoes predictable inshore-offshore migrations. Studies of tagged .,annmer flounder released offofLong Island and southern New England have indicated that adult and juvenile fish begin to migrate offshore in September and October (Poole, 1962; Lux and Niehy, 1986). Spawning then occurs on the continental shelf during this autumnal offshore migration (Packer et al, 1999) and larvae can he found on the shelf hetwecn the Chesapeake Bay and Georges Bank by October (Able and Kaiser, 1994). Larvae forage on the shelf for zooplankton and small crustaceans until the spring when they enter essential estuarine nursery areas fi'om View England to North Carolina. In fact, metamorphosi~ fi, om larval to juvenile life forms occurs alter the young flounder have enter the estuaries (Szedlmayer et al, 1992). Data fi:om Long Island Sound indicates that older juvenile and adult summer flounder begin to also enter inshore waters between late April and early May (Packer et al, 1999). An exceptionally thorough review of the diet and habitat ~ ofjuvenile and adult summer floumter by Packer et al (1999) reveals that these fish are extremely opportunistic in terms of diet, preferred substrate, and salinity. However, it may he generalized that juvenile fish feed upon largely upon crustaceans (especially mysid shrimp) and polycheates and seem to prefer sandy -7- substmtes in lower estuaries often near salt rrexsh creeks. While adults will also prey upon fishes and .~U'I{~ ill ~I'~ of slightly deeper water and often with sandy substrates. In addition, studies have reported that summer flounder may fi'equent the edges of eel grass beds, where they can easily ambush prey (Lascana, 1981). As with the black sea bass and bluefish, estuarine habitats are crucial for maintenance of viable stocks of summer flounder and, likewise, the temporal separation of the construction-related disturbances and peak summer flounder abundance should result in no significant adverse impacts for developing and mature flounder. 7. Atlantic Mackerel (Scomber scombrus) Atlantic mackerel overwinter in the deep waters of the cominental sbelf from Nova Scotia to Chesapeake Bay, in the spring these fish move inshore and northeast. This migration pattern is then reversed in the fall (Ben'ica, 1982). In April and early May, two spawning aggregations develop, one located offNew Jersey and New York and another in the Gulf of St. Lawrence. Spawning rarely occurs in Long Island Sound or Gardiner's Bay (Wheatland, 1956) The soatbem spawning aggregation moves to the Gulf of Maine by June and July and returns by October. This migration results in adult mackerel being commonly reported in the Peconic estuary during the months of April and May and occasionafly through November. Adult mackerel may feed by filtering small plankton from the water column utilizing their gill rakers or by preying upon small crustaceans, such as amphipods and mysids, polychaetes, and the larvae of finfish and decapods. Juveniles have a similar diet, except that they rarely filter feed, and exhibit an identical migration pattern but are considerably more enmmon from the months of June through November. Mackerel eggs and larvae are pelagic, and are oflen found in the Peconic estuary after spawning begins in mid-March to mid-April (Stone et al., 1994). Atlantic mackerel to be found in deeper waters, the most nearshore reports of abundant mackerel schools are 4.9-9.8 m for juveniles in the Hudson-Raritan Bay and 10rn for adults in coastal Massachusetts. As a result, Atlantic mackerel individuals and stocks are not likely to be directly impacted by this proposed project if construction is limited to winter months.. 8. Red Hake (Urophycis chuss) Adult red hake enter shallow coastal waters and estuaries, often in water less than 10m deep, from Maine to southern New England during the summer months (Stone et al., 1994). Like many fish species, dt~htg the winter red hake migrate to deeper (>100m) offshore waters of the Middle Atlantic Bight and the southern edge of Georges Bank. Spawning occurs on the continental shelf from Georges Bank to eastern Long Island in May-June (Hildebrand and Schroeder, 1928). The summer ichthyoplankton community in the Middle Atlantic Bight is dominated by larval red hake, particularly on the mid- and outer shelf(Comyns and Grant, 1993). The larvae typically settle out of the water column between September and December and then utilize depressions in the sea floor, underwater structures, or the shells of living sea scallops for shelter (Able and Fahay, Juvenile hake typically feed upon small crustaceans including larval decapods, mysids, Crangon shrimp, and amphipods (Bowman et al, 1987). Similarly, adult hake will feed upon a variety of crustacean prey, but they will also forage upon larger prey, -8- such as fish and squid. Young red hake are very cortm~n in New England's estuaries (and in deep estuaries south to the Chesapeake Bay), in the winter and spring, but are less common in the summer months (Murdy et al., 1997). These juveniles are found in waters between 5 and >50m in depth, at temperatures between 2-22°C, at salinities of 24-32 ppt, and are found on a variety of substrates includ~_g mud (Gottsehall et al, in review). Adults are typically found at depths greater than 10m and in salinities approaching full sea water between 33 to 35ppt. Neither juveniles nor adult life stages are reported to utilize marsh and intertidal habitats. Therefore, their preference for deeper waters indicates that the proposed dock construction will have little iau, act on red hake stocks. 9. Pollack (Pollachius virens) Spawning of this commercially important groundfish occurs between September and April, outside of the estuary, in the Western Gulf of Maine and on the Nova Scotian shelf (Mayo et al., 1989). Juvenile (< 2 year) pollack undertake a series of inshore- offshore migrations in response to water temperature (Rangeley and Kramer, 1995). In the summer months, these juveniles are distributed offshore fi.om the northern edge of Georges Bank to coastal Long Island and New Jersey (Reid et al., 1999). During the winter and spring, these fish may he found closer to shore in estuarine nursery areas. For instance, first-year pollack are particularly common in subtidal marsh creeks of southern New Jersey in early spring. Adults prefer deeper waters and are not expected to be impacted by the proposed dock construction. Juvenile pollack prefer salinities around 31.5 ppt and are habitat and dietary genemlists. For instance, they feed upon many types of organisms (from euphausiids to fish and mollusks) and have been reported over a variety ofhottom types (including sand, mud, rocky bottoms, or vegetated areas) (Bownmn and Micheals, 1984; Hardy, 1978). The managed species of finfish known to utilize the Peconic estuary in the winter momhs (Atlantic mackerel and red hake), prefer deeper waters and are not likely to he impacted by dock construction. However, juvenile pollack are expected to be present in the Peconic estuary during the proposed construction and are more likely to he found in subtidal habitats and near intertidal marshes. Therefore, the disturbance and increased turbidity cause by dock construction and piling installation may result in a highly localized and temporary loss of some developmental and foraging habitat for juvenile pollack. This loss of habitat is not expected to result in increased mortality of juvenile pollack due to the high motility of this species. 10. Atlantic Sea Herring (Clupea harengus) Herring are seasonal migrants to estuarine systems of the Mid-Atlantic Bight as these stages overwinter as far south as Delaware and Chesapeake Bay and are generally found in waters with salinitles >25 ppt (Reid et al, 1999). Juvenile are expected to he present and adults have been found to be abundant in estuarine system waters between the months of November and February (Stone et al, 1994). Both juveniles and adults are exclusively planktonivomtts, juveniles have been shown to forage upon 15 types of zooplankton (including copepods, cladocerans, and decapod and eirriped larvae) (Sherman and Perkins, 1971). While, adults feed predominantly upon euphausiids, chaetognaths, and copepods (Bigelow and Schroeder, -9- 1953) The planktonivomus diet of the Atlantic herring results in this species having little substmte preference. Atlantic herring are expected to be present in Peconic estuary during the fall and winter months. Similar to the Atlantic mackerel and red hake, Atlantic herring prefer deep waters (the shallowest reports of abundant herring catches in trawl surveys were at 4.5m) and high salinities. Therefore, the localized and transient turbidity resulting from dock construction is not expected to adversely impact the utilization of the Peconic estuary by herring stocks. 11. Atlantic Salmon (Salmo salar) SaLmon spawning probably does not occur south of the Connecticut River, however, adult and juvenile salmon are primarily pelagic and will range as far south as Gardiner's and Great South Bay during winter months. The infrequent occurrence of Atlantic salmon in the Peconic estuarine system indicates that this project will have no significant adverse impact on essential salmon habitat. 12-14. South Atlantic Coastal Migratory Pelagic Fishes- King Mackerel (Scomeromorus cavalla) Spanish Mackerel (Scomberomous maculates) Cobia (Rachycentron canadum) Both mackerel species are surface dwelling, nearshore fish known to from large schools and undertake long-distance migrations. These schools may venture as far north as Cape Cod during the summer months (June through October) and will frequent sandy shoals of offshore bars, barrier island oceanside waters, and barrier island inlets. Their diets consist largely ofsmatl fishes, shrimps, and squids. Cobia will utilize habitats similar to king and Spanish mackerel and are also only found in Long Island's waters in the summer months. Cobia tend to utilize more oftbe water cohmm, as their diet consists of crabs and shrimp, as well as, fishes and squids. Cobia are also more likely to frequent eelgmss beds and high salinity bays and estuaries than the pelagic mackerel species. All three species have pelagic larvae that are dispersed by the GulfStream and, as a result, eggs, larvae, and juveniles may be found in eelgrass beds of the Peconic estuary. These three species infi:equently utilize estuarine habitats, and then only in the summer months, therefore this project will not have significant adverse effects on these species. Proposed Mitigation As stated in the section outlining direct impacts to fmfish species, there could be significant, short-term impacts to managed fmfish populations during the construction of a dock. Disturbance during the installation of dock pilings, such as increased turbidity, may temporarily degrade the EFH of winter flounder during spawning and cause high mortality of eggs, larvae, and juveniles, tlowever, restriction ofthe dock construction to the months of October through February, will eliminate these negative impacts on winter flounder sIoclcs'. Direct impacts to the EFH of other estuarine dependent species including black sea bass, summer llounder, scup, bluefish, and windowpane flounder will -10- also be minimized by this restriction, as it creates a temporal separation between EFH disturbance and the local presence of these species. The limitation of dock construction to October 1 through February 1 will result in possible disturbance of EFH to managed finfish species that utilize thc Peconic estuary in the winter months, such as Atlantic mackerel, red hake, pollack, and Atlantic herring. However, these fish species, with the possible exception of pollack, typically prefer deeper waters with higher salinities than the proposed project site and are therefore unlikely to be significantly impacted by the project. The South Atlantic pelagic migratory fishes also will not be adversely impacted by this project ~ these species infrequently utilize estuarine habitats, and then only in the summer months. The proposal to limit dock construction to October 1 through February 1 will be sufficient to prevent adverse impacts to the vulnerable life stages of managed fmfish species. Therefore, the negligible im.nact oftbe proposed construction on fmfish stocks indicates that this project will not have adverse impacts on local commercial fishing activities. In addition, the proposed project will afford the applicant with reasonable use of their property in a manner consistent with activities and structures on neighboring properties. -Il- Literature Cited Able, K.W. and M.P. Fahay. 1988. The first year in the life of estuarine fishes in the Middle Atlantic Bight. Rutgers Univ. Press. New Brunswick, NJ. Able, K.W. and L.S. Hales. 1997. Movements of juvenile black sea bass Centropristis striata (Linnaeus) in a sonthern New Jersey estuary. J. Exp. Mar. Biol. Ecol. 213-153-167. Able, K.A. and S.C. Kaiser. 1994. Synthesis of summer flounder parameters. NOAA Coastal Ocean Prog. Decision Analysis Set. I. NOAA Coastal Ocean Office, Silver Spring, MD. Allen, D.M., J.P. Clymer, III, and S.S. Herman. 1978. Fishes of Hereford Inlet estuary, southern New Jersey. Lehigh University, Biol. Dept., Cent. Mar. Envir. Stud. and the Wetlands Instilute. BaNd, S.F. 1873. Natural history of some of the more important fond-fishes of the south sho~e of New England. In Report on the condition of the sea fisheries of the south coast of New England in 1871 and 1872. Rep. Commissioner U.S. Comm. Fish. Fisheries. Pt. 1. Berrien, P. 1982. Atlantic mackerel, S~omber scromhnrs. In M.D. Grosslein and T.R. Azarovilz eds Fish distribution. P. 99-102. MESA New York Bight Monograph 15. NY Sea Grant Institute, Albany, NY. Berrien, P. and J. Sibunka. 1999. Distribution patterns offish eggs in the United States northeast continental shelfocosystem, 1977-1987. NOAA Tech Rep. NMFS 145. Bigelow, H.B. and W.C. Shroedar. 1953. Fishes of the Gulf of Maine. US Fish abd Wildl. Serv. Bull. 53. Brown, R. and W. Gabriel. 1998. Winter flounder. In Clark, S.H. ed. Status of the fishery resources offthe northeastern United States for 1998. p. 81-84. NOAA Tech. Mem. NMFS-NE- 115. Bowman, R~E., T.R. Azarovitz, E.S. Howard. and B.P. Hayden. 1987. Food distribution of juveniles of seventeen northwest Atlantic fish species, 1973-1976. NOAA Tech. Mem. NMFS- F/NEC-45. Bowman, R.E. and W.L. Micheals. 1984. Food of seventeen species of northwest Atlantic fish. NOAA Tech. Mem. NMFS-F/NEC-28. Brodziak, J. 1995. Atlantic butterfish. In Conservation and Utilization Division, Northeast Fisheries Science Centex eds. Status of the fishery resources offthe northeastern United States for 1994. NOAA Tech. Mare. NMFS-F/NEC-108. Comyns, B.H. and G.C. Grant. 1993. Identification and distribution of Urophycis and Phycis (Pisces: Gadidae) larvae and pelagic juveniles in the US Middle Atlantic Bight. Fisheries Bulletin (US), 91: 210-223. Coliette, B.B. In preparation. Mackerels, Family Scombridae. Ia B.B. Coilette and G. Klein-MacPhee eds. Bigelow and Schroeder's fishes of the Gnifof Maine. Smithsonian Institution Press, Washington, DC. Cowan, ILK., J.A. Hare, and M.P. Fahay. 1993. Beyond hydrgraphy: can physical processes explain larval fish assemblages within the Mid-Atlantic Bight? Bull. Mar. Sci. 53 (2): 567-587. Eklund, A.M. 1988. Fisheries inhabiting hard bottom reef areas in the Middle Atlantic Bight: seasonality of species composition, catch rates, and reproduction. MS thesis. Univ. of Delaware, Newark, DE. Fahay, M.P., P.L. Berrien, D.L. Johnson, and W.W. Morse, mid. 1999. Essential fish habitat source document: Bluefish, Pomatomus saltatrix, life history and habitat characteristics. NOAA Tech. Mem. NMFS-NE-144. Ferraro, S.P. 1980. Dai .fy time of spawning of 12 fishes in the Peconic Bays, New York. Fisheries Bulletin Cos), 78:455-464. Frame, D.W. t971. Biology ofyonng winter flounder: feeding habits, metabolism, and food utilization. PhD dissertation. Univ of Mass. Amherst, MA. Frank, K.I. and W.C. Leggett. 1983. Multispecies larval fish associations: Accident or adaptation? Can. J. Fish Aquatic. Sci. 40:754-762. Griswold, C.A. and T.W. McKeoney. 1984. Larval development of the scup, Stenotomus chrysops (Pisces: -12- Sparidae). Fisheries Bulletin (US), 82: 77-84. Gottschall, K. M.W. Johnson, and D.G. Simpson. In review. Thc distribution and size composition of finfish, A~erican lobster, and long-finned squid in the Long Island Sound based on the Connecticut Fisheries Division bottom trawl sm'vey, 1984-1994. NOAA teeh. Report. Hardy, J.D. 1978. Development of fishes of the Mid-Atlantic Bight: An atlas of egg, larval, and juvonile stages. Vol. 2- AnguiIlldae through Syngnathidae. US Fish Wild[ Serv. Biol. Serv. Prog. FWS/OBS-78/12. Hildebrand, S.F. and W.C. Schroeder. 1928. Fishes of Chesapeake Bay. Bull. U.S. Bar. Fisheries. 43('1). Hinge, A.B. and P.G. Coates. 1975. Winter flounder movements, growth, and mortality off Massachusettes. Trans. Am. Fish. Soc. 104: 13-29. Jones, C.IL and J.R. Schubol. 1978. Distribution ofsurficial sediments and eelgrass in New York's south shore bays: an assessment from the literature. SUNY Stony Brook, MSRC Special Report 13. Jury, S.H.. J.D. Field, S.L. Stone, S.M. Nelson, and M.E. Monaco. 1994. Dis~'ibution and abundance of fishes and invertebrates in Mid-Atlantic estuaries. ELMR Rep. No. 13 NOAA/NOS Strategic Environmental Assessment Division, Silver Springs, MD. Kennedy, V.S. and D.H. Steele. 1971. The winter flounder Pseudopleuronectes americanus in Long Pond, Conception Bay, Newfoundland. J. Fish Res. Board Can. 28:1153- 1165. Lascara. J. t981. Fish predator-prey interactions in the areas ofeelgrass (Zostera marina). MS thesis. Coll. William and Mary, Williamsburg, VA. Langton, R.W., J.B. Pearce, J.A. Gibson. 1994. Selected living resources, habitat conditions, and human perturbations of the Gulf of Maine: environmental and ecological considerations for fisheries management. NOAA Tech. Mem. NMFS-NE 106. Lux, F.E. and F.E. Nicby. 1981. Movements of tagged summer flounder, Paralichthys dentatus, offsouthem New England. NOAA Tech. Rep. NMFS SSRF-752. Mayo, ILK., J.M. McGlade, and S.H. Clark. 1989. Patterns of exploitation and biological status of pollack (Pollachius virens L.) in the Scotian shelf, Georges Bank, and Gulf of Maine area. J. Northwest Atl. Fish Sci. 9:13-36. Monteleone, D.M. 1992. Seasonality and abundance of icthyoplankton in Great South Bay, New York. Estuaries. 15:230-238. Morse, W.W. 1978. Biological and fisheries data on scup, Stenotomus chry. sops (Linnaeus). US Natl. Mar. Fisheries Service Northeast Fish&les Center. Sandy Honk Lab. Tech. Report No. 12. Morse, W.W. and K.W. Able. 1995. Distribution and life history of windowpane, Seophthalamus aquosus, offthe northeastern United States. Fish Bull. (US). 93: 675-693. Murdy, E.O., R.S. Birdsnng, and J.A. Musick. 1997. Fishes of Chesapeake Bay'. Smithsonian Institution Press. Washington, DC. Olla, B.L., R. Wicklund, and S. Wilk. 1969. Behavior of winter flounder in a natural habitat. Trans Am. Fish Soc. 98: 717-720. Packer, D.B.S.J. Greisbach, P.L. Berrien, C.A. Zetlin, D.L. Johnson, and W.W. Morse. 1999. Essential fish habitat source document: Smnmer flounder, Paralichthys dentatus, life history and habitat characteristics. NOAA Tech. Mem. NMFS-NE- 15 I. Pearcy, W.G. 1962. Ecology of an estuarine population of whner flounder. Parts I-IV. Bull. Bingbam. Oeeanogr. Collect. 18(l):5-78. Pereira, J.J., R. Goldberg, J.J. Ziskowski, P.L. Berrien, W.W. Morse, and D.L. Johnson 1999. Essential fish habitat source document: Winter flounder, Pseudopleuronenctes americanus, life history and habitat characteristics. NOAA Tech. Mem. NMFS-NE- 138. Phelan, B.A. 1902. Winter flounder movements in the inner NY Bight. Trans. Am. Fish. Soc. 121:777-784. Poole. J.C. 1966. A review of the research concerning summer flounder and needs for further study'. NY Fish Game J. 13:226-23 l. Rangeley, R.W. and D.L. Kramer. 1995. Use of reeky intertidal habitats by juvenile pollack Pollachius virens. Mar. Ecol. Prog. Sar. 126: 9-17. Reid. R., L.M. Cargnelli, S.J. Giesbach, D.B. Packer, D.L. Johnson, C.A. Zetlin, W.W. Morse, and P.L. Berrien. 1990. Essential fish habitat source document: Atlantic herring, Clupea harengus, life history and habitat characteristics. NOAA Tech. Mem. NMFS-NE-126. -13- Saucerman, S. 1990. Movement, distribution, and productivity of post metamorphic ~inter flounde*, in different habitat types iu Waquoit 1lay, MA. MS thesis. Univ. of Mass, Amherst, MA. Searlett, P.G. and ILL. Allen. 1989. results of fall and winter icthyoplankton sampling in the Manasquan River, 1984-1086. New Jersey Dept. of Envir. Prot. Division of Fish, Game, and Wildlife. Marine Fisheries Administration. Bureau of Marine Fisheries. Schaefer, R.H. 1967. Species composition, size, and seasonal abundance of fish in the surf waters of Long Island. NY Fish Game J. 14:1-46. Sisson, R.T. 1974. The growth and movements of scup (Stenotomus chrysops) in Narragansett Bay, Rhode Island and along the Atlantic coast. Rhode Island Dep. Nat. Resources, Completion Rept. Project No. 3-138-R. Smith, W.G., D.G. McMillan, C. Obenchain, P. Rosanberg, A. Wells, and M. Silverman. 1980. Spawning cycles of marine fish of northeastern United States based on broadscale surveys of eggs and larvae, 1977-1979. ICES C.M. 1980,2.:66. Stehnle, F.W., C.A. Zetlin, P.L. Berrien, and S. Chang. 1999. Essential fish habitat source document: Black sea bass, Centroprisfis striata, life histoD' and habitat chamcterisfics. NOAA Tech. Mem. NMFS-NE-140. Steimle, F.W., C.A. Zetlin, P.L. Berrlen~ D.L. Johnson, and S. Chang. 1999. Essential fish habitat source document: Scup, Steaotomus chrysops, life history and habitat characteristics. NOAA Tech. Mem. NMFS-NE- 143. Sherman, K. and H.C. Perkins. I971. Seasonal variations in the food of juvenile herring in coastal waters of Maine. Trans. Am. Fish Soc. 100: 121-124. Stone, S.L.. T.A. Lowery, .I.D. Field, C.D. Williams, S.M. Nelson. S.H. Jury, M.E. Monaco, and L. Andreason. 1994. Distribution and ahnndance of fishes and invertebrates in Mid- Atlantic estuaries. ELMR Rep. No. 12 NOAA/NOS Strategic Environmental Assessment Division, Silver Springs, MD. Stoner, A.W., A.J. Bejda, J.P. Manderson, B.A. Phelan, L.L. Stehl[k, and J.P. Pessutti. 1999. Behavior of winter flounder during the reproductive season: Laboratory and field observations on spawning, feeding, and locomotion. Fish Bull. (US). 97:999-1016. Suffolk County Dept. of Environmental Control. 1978. Interim report on Great South Bay salinity. Szedhnayer, S.F., K.W. Able, and R.A. Rountree. 1992. Growth and temperature- induced mortality of young-of-the-year summer flounder, Paralichthys dentatus, in southem New Jersey. Copeia. 1992 (l): 120-128. l'horpe, E.A. 1991. Aspects of the biology of windowpane flounder Scophthalamus aquosus, in the northwest Atlantic Ocean. MS thesis, Univ. of Massachusetts, Amherst, MA. Warfek H.E. and D. Merriman. 1944. Studies on the marine resources of southern New England. 1. An analysis of the fish populations of the shore zone. Bull. Bingham. Oceanogr. Collection. 9(2): 1-9 I. Wheatland, S.B. 1956. Pelagic fish eggs and larvae. In G.A. Riley et al. eds. Oceanography of kong Island Sound. 1952-1954. p. 234-314. Bull. Bingham Oceanogr. Collection, 15. Wi[k, S.J., W.W. Morse, and L.L. Stehl[k. 1990. Annual cycles of gonad-somatic indices as indicators of spawning activity for selected species of finfish collected from the New York Bight. Fish. Bull (US). 88:775-786. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 Janua~ 24,2003 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern that you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Requested Action: ~O~.~"¥CL.~'[" (~ 5~' X(~(~' ~ ~'~ SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Albert J. Krupski, Jr., President (631) 765-1892 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (ELS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. If no response is received from you, it will be assumed that there is no objection to the Board of Trustees assuming lead agency status. Comments: Please feel free to contact this office for further information. Very truly yours, Albert Krupski, Jr. President CC: Army Corp. of Engineers Dept. of State DEC (*Maps are enclosed for your review) ' 14-1'G-2 {9/9~} -- 7c 617.20 Appendix A Slate Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full E^F is designed to help applicants and agencies determine, in an orderly manner, whether a project · or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who I~ave knowledge in one particular area may not be ·ware of the broader concern~ affecting the question of significance. The full £AF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or ai:tion. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given proje~:t and its site. By identifying basic project data, it assists a reviewer in the analysis that takes pi·ce in Parts 2 and 3. Par~ 2: Focuses on Identlfl~ing the range of possible impa~ts that may occur from a project br action. It provides guidance as to whether an impact is likely to he considered small to moderate or whether it is a potentially- large impact- The form ·iso identifies whether an impact can be mitigated or reduced. Part 3: If any imp·ct in Pad, 2 is identified as potentially-large, thee Part 3 is used to evaluate whether or not the impact is actually important_ DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: CI Fad I C3 Part 2 [~Part 3 Upon review of the information recorded on this EAF (Part~ '1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of ~ach impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore · ne[ative declaration vail be prepared. B. Although the project could have a significant effect ou the environment, there will not be a significant effect fo~ this Unlisted Action because tJ~e mitigation measures described in PART 3 have bec~ required, therefore a CONDITIONED aegaUve declaration ~l! be ~'ep~ed.* C. The project may result in one or mom large and Imlxxtant Impacts that may have a significant impact on the environment, therefore a podtlve declaration vail be prepued. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Print o~ Type Name of Responsible Officer in Lend Agency Signature of ResponSible Officer in Lead Agency Name of Lead Agency Title of ResponSible Officer Signature of Preparer (If*different from responsible officeri D ate PART 1--PROJECT INFORMATION Prepared by Project Sponsor IOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect ,n the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered s part of the application for approval and may be subject to further verification and public review. Provide any additional ~formation you believe will be needed to complete Parts 2 and 3, t is expected that completion of the full EAF will be dependent on information currently available and will not involve ew studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify ach instance. NA~E OF ACTION LOCATION OF ACTION (Include Street A~'est, Municipality and County) log 9'_9 HO. /3A?V/ v / OAD NAME OF APPUC~NT/SPONSOR o~l'Ti~o NAME ~ ~R ~ ~ff~ JSTATE J ZIP CODE ,u,?: //? 7/ · J BUSINESS( ) TELEPHONE J.STATE I ZiP lease Complete Eac~ Questlon--lndic~te N.A. if not applicable ~ Site Description hyslcal setting of overall project, bo~ developed End undeveloped areas Present land use: 1-10rban Olndustrial [:]Commercial ~(gesklentiai (suburban) rqForest . I-IA~dculture [:3Other Total acreage of project areac ~ acres. APPROXIMATE ACREACE PRESENTLY AFTER COMPLETION Meadow or Brushland (NOn'agricultural) acres acres Forested acres acres Agricultural (Includes o~cherds, cropland, pasture, etc.) acres acres Wetland (Freshwater oe tidal as per Articles 24, 25 of ECL) acres acres Water Surface ,&rea acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres * acres . What Is predominant soil type(s) on project stte~ a. Soil drainage: ~l~Well drained % of site nModerately well drained % of site DPooe'ly drained % of site b. If any agricultu[al land ts i~volved, how many acres of soil are classified within soil group I through 4 of the NYS Systemt' ~//~ acres. (See 1 NYCRR 370). Land Classification Are there bedrock outcroppings on project., slte~ OYes depth to bedrockJ.. /~//A (in What is feet) 2 ~]Rural (non-farm) ~. Approximate percentage of proposed project site with slope~: · 10% % [310-15% % [315% or greater % 6,. Is project substantially contiguous to, or ~o~tain a building, site. or district, listed on the State or the National Registers of Historic Places? [3Yes 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [3Yes '~No 8. What is the depth of the water table? /t//~A~ (in feet) 9. Is site located over a prin~ary, principal, or sole source aquifer? [3Yes ~No '10. Do hunting, fishing or shell fishing opportunities presently exist in the proje'c~t area? [3Yes .~o 'il. Does project site,,c~tain any species of plant or animal life that is identified as threatened or endangered~' [3Yes~No According to Identify each species 12. Are there any uniq_q_q~e or unusual land forms on the proiect site? (i,e., cliffs, dunes, other geological formations) (:]Yes I~No Describe 13. Is the project site~e ,presently used by the community or neighborhood Ks an open space or recreatio~ area? [3Yes ~o . If yes, explain 14. Does the present s~te include scenic views known to be important to the community? [3Yes ~No 15. Streams within or contiguous to projec~ area: ~Ou ?/-/~- ~) ~ ~ a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to pro}ect area: a. Name b. Size (in acres) 17. Is the site served by existing public utilities? I-lyes a) If Yes, does sufficient capacity exist to allow ¢onnectlon~' [3Yes [:]No b) If Yes, will improvements be necessary to allow connection~' [3Yes I-INo 18. Is the site located in an agricultura~l/district certified pursuant to Agriculture and Markets Law, Article 25-AA. Section 303 and 304? I-lyes ~lqo 19. I~ the site located in or substantially contlgu ~ous,,,to a. Critical Environmental Area designated pursuant to Article 8 of the ECL. and 6 NYCRR 617[ I-lYes ,,~lqo 20. Has the site ever been used for the disposal of solid or hazardous wastes~ C:]Yes 13. Project Description '1. Physical dimensions and s. cale of project {fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor A///~ acres. b. Project acreage'to be developed: ~ / c- acres initially; acres ultimately. c. Project acreage to remain undevel?ped acres. d, Length of project, in miles: /t///~ (if appropriate). e, 'If the project is an expansion, indicate percent of exR~nsion proposed f. Number of off-street parking spaces existing i ; proposed g. Maximum vehicular trips generated per hour ~'~'/~' - (upon' completion~of peoject)~' h. If I'esidential: Number and type of housing units: One Family Two Family MulUple Family Condominium Initially [ ~ ----" '~'" Ultimately / ~ ~ / ., - L Dimensions (in feet) of largest proposed structure, height; width; length. J. Linear feet of frontage alon~ a public thoroughfare project will occupy is! ~) fL How much natural material (i.e., rock, earth, etc.) will be rem,/Oved from the site? Will disturbed areas be reclaimed? OYes OHo a. If yes~ for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes ONo c. Will upper subsoil be stockpiled for reclamation? OYes OHo Ho~, many acres of vegetation (trees. shrubs, groun~ covers) will be removed~rom site? ' (~) acres. Will any mature/forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes J~LINo If single phase project: Anticipated period of construction 2 ¥~'-~ ~ moat*h~-, (including demolition). If multi-phased: /~/~' a. Total number of phases anticipated (number). b. Anticipated date o( commencement phase 1 . month c. Approximate completion date of final phase . month d. Is phase 1 functionally dependent on subsequent phases? OYes nNo Will blasting occur during construction? ' OYes ,'~'.Ho ./. Number' of jobs generated: during construction . ~L/~,R' ; after 'project is complete . ,. Number of jobs eliminated by this project · Will project require relocation of any projects or facilities? OYes ~No If yes, explain . tons/cubic yards year, (including demolition). year. ~ . Is surface liquid waste disposal involved? OYes a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Hame of water body into which effluent will be discharged . Is subsurface liquid waste disposal involved? OYes .~o Type . Will surface area of an existing water body increase or decrease by proposal? Explain OYes' .'~ltqo · Is project or any portion of project located in a 100 year flood plain? I-lYes ,. Will the project generate solid waste? ' OYes a. Ii~ yes, what is the amount per month, tons b. If y~s, will an existing 'solid waste facility be used~ I-lyes nNo c. If yes, give name .. .; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain OYes C)No '. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposalt'. b. Iir yes, what is the anticipated site Ii(e? L Will project use herbicides or pesticides~' OYes nyes I~ tons/month. years. L Will project routinely produce odors (more than one hour per day)? [3Yes ). Will project produce operating noise exceeding the local ambient noise levels[' I. Will project result in an increase in energy use[' (3Yes _~o If yes , indicate type(s) ~-~No [3Yes If water supply is from wells, indicate pumping capacity ,/'///~ gallons/minute. ' Total anticipated water usage per day /~// gallons/day. Does project involve Local, State or Federal fundingt' (3Yes J~l~o I( Yes, explain _ 4 · 25. Approvals Required: City. Town, Village Board ,l~Yes ONo City, Town, Village Planning Board I~Yes DNo City, Town Zoning Board [3Yes C]No City, County Health Department DYes Other Local Agenc!es DYes Other Regional Agencies.' [3Yes State Agencies I~Yes [3No Federal Agencies ~Yes Type A~ Cc) ~ Submiual Dale C. Zoning and Planning Information '1. Does proposed, action involve a planning or zoning decision? DYes - If Yes. indicate decision required: Dzoning amendment [qzoning variance Dspecial use permit ' I-Isubdivision I-Isite plan Dnewlrevision of master plan Dresource management plan Doth~r 2. Whet is the zoning classification(s)of the site? fi, C_ S ID~ t.2 ,'~/A C. 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? P/~ IL/6~?'L~ Re 31D/~'7'!4 L ~A?'r')tl-~4o~-~ S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ./~es DNo 7. What are the predominant land use(s) and zoning classifications within a ~ mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a ~A mllel .~es riND 9. If the proposed action is the subdivision of land~ how many lots are proposed? a. What is the minimum lot size proposed~ 10. Will proposed action require any authorization(s) foe the formation of sewer or water districts[' DYes ~f~o 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? I-lYes a. If yes, is existing capacity sufficient to handle projected demand? DYes r'lNo 12. Will the proposed action result in the generation of traffic significantly above present levels~ DYes' .~No a. If yes, is the existing road network adequate to handle the additional traffic? [3Yes [3No D. Informational Details Attach any additional information as may be needed to clarify your pro~ect. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E Verification I.certlfy that the information provided above is true to the best of my knowledge. If the action is In the Coastal Area, and you are a stale l]en~ ~mple{~ the Coa[lal Ass~smenl ~o~ belore p~ceedin[ ~lh ~ls ~menL Part 2--PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency ;eneral Information (Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable1 The reviewer is not expected to be an'expert environmental analysL The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance, They do nqt constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. In identifying impacts, cgnsider long term, short term and cumlative effects.' Instructions (Read ~arefully) a. Answer eaoh of the 20 questions In PART 2. Answer Yes if there will be any Iml~acl. b. Maybe answers should be considered as Yes answers. c, If answering Yes to a question then check the appropriate box (column 1 c~ 2) to indic, ate the potential size of the Impact. If Impact threshold equals or exoeeds any example provided, check column 2. If Impact will occur but threshold Is lower than example, oheck column 1. d. Iden(Ifylng that an Impact will be potentially large (column 2) does not mean that It Is also necessarily slgnllloant. Any I~rge Impact must be evaluated In PART 3 to determine significance. Identifying an Impact In column 2 simply asks that It be looked at further. e. If reviewer has doubt about size of the Impact then consider the Impact as potentially large and proceed to PART 3. f. If a potentially large Impact checked In column 2 can be mitigated by change(s) I~ the projeot to a small to moderate Impact, also oheck the Yes box In column 3. A.No response Indicates that such a reduotlon Is not possible. This must be explained In Peri 3. IMPACT ON LAND Will the proposed action result in a physical change t.o the project site? I:]NO [3YES Examples that would apply to column 2 Any col~truction on slopes of 15% or 8rester, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table is less than 3 feel Construction of paved parking srea for 1,000 or more vehicles. Construction on land where bedrock is exposed or generallywithin 3 feet of existing ground surface. £onstruct|on that will continue for more than 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material [i.e., rock or soil} per year. Construction oJ' expansion of a sanitary landfill. Construction in a designated floodway. Other impacts Will there be an effect to any unique or unusual land forms found on the sltei' (i.e., cliffs, dunes, geological formations, etc.)ONO OYES Specific land forms:. 6 I 2 3 Small to Potential .Can Impact Be Moderate Large Mitigated By Impact Impact Project Change O O [:]Yes ONo [] O OYes [:]No 0 [] OYes ONo [] [] OYes [=]No O [] OYes ONo [] n [:]Yes {:]No [] O OYes [:]No O [] OYes ONo Ct l=] []Yes Otto [] [] []Yes ONo IMPACT ON WATER 3. Wilt proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) ON• OYES Examples that would apply to column.2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. * Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect any non-protected existing or new body of waterf I'-INO OYES Examples' that would apply to column 2' · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body o.f water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action 'affect surface or groundwater quality o~ quantity? ON• OYES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater, · Liqulcl effluent will be conveyed off the site to facilities which present!y do not exist o~ have inadequate capaclty. · Proposed Action would use water tn excess of 20,000 gallons per day. · Proposed Action will likely cause slltatio~ or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial ancot inclustria[ uses which may require new or expansion of e~isting waste treatment ancot s. torage facilities. · Other impacts: 6. Will proposed action alter drainage flow ~' patterns, or sudace water nJnoffi' ON• I-lYES Example~ that would apply to column 2 · Proposed Action would change flo~l water flows. 7 Be By 0 0 !o 0 I 2 3 - Small fo Potential Can Impact Moderate Large Mitigated Impacl Impact Project Cha~ O O OYes OI [] 0 OYes O [] OYes []r 0 [] []]]Yes 0 O OYes O O OYes 0 O OYes ON O 0 OYes 0 0 OYes 0 O OYes 0 0 OYes 0 0 OYes 0 0 OYes ~ ~ ~es ~ 0 OYes ~No ~ O OYes Oao ~ O OYes ~o O ~ OYes ON• ~ ~ OYes ~o 'roposed Action may cause substantial erosion. 'roposed Action is incompatible with existing drainage patterns. 'roposed Action will allow development in a designated floodway. )they impacts: 1 Small to Moderate Impact 2 3 Potential Can Impact Be Large Mi[igated By Impacl Project Change O O OYes ONo O O []Yes ONo O O OYes [~]No [] O OYes IMPACT ON AIR Will proposed action affect air quality~' ONO DYES Examples that would apply to column 2 roposed Action will induce 1,000 or more vehicle trips in any given our. roposed Action will result in the incineration of more than I ton of :fuse per hour. mission rate of total contaminants will exceed S lbs. per hour or a .-at source producing more than.10 million BTU's per hour. roposed action will allow an increase in the amount of land committed , industrial use. roposed action will allow an increase in the density of industrial :velopment within existing industrial areas. they impacts: [] O '0 O 0 O O' OYes O OYes ONo O OYes ONo O OYes ONo O OYes ONo O. OYes ONo IMPACT ON PLANTS AND ANIMALS Viii Proposed Action affect any threatened or endangered ;pecies[' ONO nyE5 -'xamples that would apply to column 2 ~uction of one or more species listed on the New York or Federal t, using the site, over or near site or found on the site. ;moral of any portion of a critical or significant wildlife habitaL ~plicat'io~ of pesticide or herbicide more than twice a year, other an for agricultural purposes. [her impacts: O O DYes ONo 0 O -lyes ONo O 0 OYes ONo O O DYes ONo Viii Proposed Action substanUally affect non-threatened or on-eodangered specles~ DNO OYES ~amples that would apply to column 2 oposed Action would substantially interfere with any resident or gratory fish, shellfish or wildlife species. ~posed Action requires the removal of more than 10 acres mature forest (over 100 years of age) or other locally important getation. IMPACT ON AGRICULTURAL LAND RESOURCES Will the Proposed Action affect agricultural land resources~ DNO OYES Examples that would apply to column 2 e proposed action would sever, cross or limit access to agricultural ad (includes cropland, hayfields, pasture; vineyard, orchard, etc.) 8 OYes ONo OYes ONo 0 0 Dyes · Construction activity would excavate or compact the soil profile of []Yes agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural land management systems le.g., subsurface drain lines, outlet ditches, strip cropping);, or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11, Will proposed action affect aesthetic resources[ OHO [3YES (If necessary, use the Visual I~AF Addendum in Section 617.20, Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrasi to current surrounding land use patterns, whether. man-made or natural, · Proposed land uses. or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Proiect components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IMPAOT ON HISTDRIO AND AROHAEOLO~IOAL RESOUROE$ 12. Will Proposed Action impact any site or structure of hist•dc, pre- historic or paleontological importance~ [3NO [3YES Examples that would apply to column 2 · Prop•ged Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as .sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN $PACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunltles~ Examples that would apply to column 2 [3NO OYES · The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: 1 2 Small to Potential C~ Moderate Large Impact Impact Pr [] [] F .0 [] [] [] [3' 0 0 0 0 0~ [] [] Oy 0 0 0 [] ny 0 I-1 •y n 0 OY Impacl Mitigated Project Chan.c [}N, []Yes ~N, [:]Yes ON. []N. E]Nr ]Yes r-IN< FIN( IMPACT ON CRITICAL ENVIRONMENTAL AREAS Will Proposed Action impact the exceptional or unique character- istics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g) ? ONO OYES List the environmental characteristics that caused the designation ol the CEA. Examples that would apply to column 2 roposed Action to locate within the CEA? roposed Action will result in a reduction in the quantity of the resource? roposed Action will result in a reduction in the quality of the resource? roposed Action will impact the use. function or enjoyment of the .source? ,ther impacts: IMPACT ON TRANSPORTATION Will there be an effect to existing transportation systems? · [:]NO OYES Examples that would apply to column 2 Iteration of present patterns of movement of people and/or goods. roposed Action will result in major traffic problems. ther impacts: IMPACT ON ENERGY Will proposed action affect the community's sources of fuel or energy supply? ONO OYES Examples that would apply to column 2 roposed Action will cause a 8rearer than 5% increase in th~ use of W form of energy in the municipality. roposed Action will require the creation or extension of an energy ansmission or supply system to serve more than 50 single or two family .sidences or to serve a major commercial or industrial use. ,ther impacts: 1 Small lo Moderate Impact 0 0 0 0 O O 0 [] O 2 Pote~lial Large Impact [] 0 0 O Mitigated By Project Change OYes ONo OYes ONo [:]Yes ONo OYes ONo OYes ONo OYes [~No OYes [~]No OYes ONo [~JYes OYes OYes [~]No 10 1 NOISE AND ODOR IMPACTS Small to 17. Will there be objectionable odors, noise, or vibration as a result Moderate of the Proposed Acti'on~' ON• OYES Impact Examples that would apply to column 2 "Blasting within 1,500 feet of a hospital, school or other sensitive [] facility. - Odors will occur routinely (more than one hour per day). [] · Proposed Action will produce operating noise exceeding the local [] ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a I-] noise screen. · Other impacts: [] IMPACT ON PUBLIC HEALTH · 15. Will Proposed Action affect public health and safety[ [:]NO' OYES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. off, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes'~ in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating. infectious, etc.) · Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. · Proposed action may result in the excavation or other disturbance within 2,000 fe~t of a site used for the disposal of solid or. hazardous waste. · Other impact~: IMPAOT ON GROWTH ANp CHARAgTER OF COMMUNITY OR NEIGHBORHOOD 19. Will proposed action affect the character of the existing communlty~' ON• [:lYE5 Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located b likely to grow by more than 5%. · The municipal budget fo~ capital expenditures or operating se~i~es C] will increase by more than S% per year as a result of this project. * Proposed action will conflict with officially adopted plans or goals. [] · Proposed action will cause a change in the density of land use. [] · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services [] (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future'projects. [] · Proposed Action will create or eliminate employment. [] · Other impacts: [] 2 Potential Large Impact [] [] [] [] [] [] [] [] [] [] [] [] 0 D [] [] [] [] Can Impact Be Mitigated By Project Change []Yes [:]No [~Yes []No []Yes [:]No OYes IN• []Yes []No []Yes •No []Yes •No OYes •No []Yes ON0 []Yes •No OYes [~No -1yes •No []Yes [:]No []Yes I-IN• []Yes I~No []Yes []No []Yes [3No OYes [:]No []Yes ~No 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts~' [3NO OYES il any a,.~Uo~ In Part 2 Es Identified as a potenlJal large Impacl or It you r, mlnot detecmlne the magnitude o! Impiot, proceed to Part ~ 11 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency t 3 must be prepared il one or more impacl[s) is considered to be potentially large, even if the impact(s) may be igated. [ructions cuss the following for each impact identified in Column 2 of Part 2: Briefly describe the impact. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance0 consider. · The probability Of the impact occurring · The duration of the impact · Its i~reversibility, including permanently lost resources o( value · Whether.the impact can or will be controlled · The regional consequence ~)f the impact · Its potential divergence from local needs and goals · ' Whether. known objections to'the projef:t relate to this impact. :ontinue on attachment~} 12 617.20 Appendix B State Environmental Quality Review Visual EAF Addendum This form .may be used to provide additional information relating to Question ] ] of Part 2 of the Fu}l EAF. (To be completed by Lead Agency) Distance Between Visibility 1. Would the project be visible from: · A parcel of land which is dedicated to and available to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? · An overlook or pamel of land dedicated to public observatloJ% enjoyment and appreciation of natural or man,made scenlc qualities? · A site or structure listed on the National or State Registers of Historic Places? · State Parks? ° The State Forest Preserve? · Hational Wildlife Refuges and state game refuges? ° National Hatural Landhiarks and other outstanding natural features? · Hational Park Service lands? · Rfvers designated as National or State Wild, Scenic or Recreational? "Any transportation corridor ol~ high exposure, such as part of the Interstate System. or .Amtrak? · A governmentally established or designated Interstate or Inter-county for trail, or one formally proposed for establishment or designation? · A site. area. lake. reservoir or highway designated as scenic? · Municipal park, or designated open space? · County road? · State? · Local road? Project and Resource (in Miles) 0-~,~ 'A-Vz I/z.3 3-5 5+ [] [] [] (3 13 [] [] O E) 0 [] [] [] [] [] [] O [] [] 13 [] [] [] [] [] -0 [] [] [] [] O [] [] [] 0 [] O 0 [] [] [] [] [] O 0 [] [] [] O [] O 0 0 0 0 [] [] [] [] [] 0 C] [] [] C] C] [3 0 0 [] O [] [] 0 [] 2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other seasons) []Yes C]No .3. Are any of the resources checked In question i used by the public during the (line of year during which the project will be visible? •~'es ON• DESCRIPTION OF EXISTING VISUAL EHVIRONI4EI'~T 4. From each item checked in question l, check those which generally describe the surrounding environment. Within '~1/4 mile '~ 1 mile Essentially undeveloped [~ [~ Forested [] [] Agricultural [] [~ Suburban residential [] [] Industrial [] [] Commercial [] [] Urban [] [~ River, Lake, Pond [] [~ Cliffs, Overlooks [] [~ Designated Open Space [] [] · mat [] [] Hilly [] [] /V[ountalnous [] [] Other [] [~ HO'[~' add attachments as needed Are there visually similar projects within: *Vz mile r-lYes I--I No *1 miles I-lYes []No '2 miles r-lyes *3 miles [--~ Yes I-]Ho * Distance from project site are provided for assistance. Substitute other distances as appropriate, EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best esUmate. CONTEXT T. The situation or activity in which the viewers are engaged while viewing the proPOsed action is Activity Travel to and from work Involved In recreational activities Routine travel by residents At a residence At workslte Other FREQUENCY Holidays/ Dally Weekly Weekends Seasonally [] [] C) [] 0 [] [] [] [] [] [] [] [] [] 0 [] [] [] [] [] [] [] [] [] 'lPR°JECT L°' N'UuBER 617.20 Appendix C Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM · For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Appllcanl or Project sponsor) 1. APPUCANT /~PONSOR J 2. PROJEGT HAME ! 3, PROJECT LOCATION: SEQR e. WiLL Pfloeo$(~ AGI~O~ OO~PLY WIT14 EXISTING ZONING O~ OTHf~ [Dt~rlk~ LANO USE flESTRICTIONS? lib. DO~ ~ il4~VE A PERMIT APPrOVAl., O~ FUND~H~ ~ OR UL11MATELY FROM ~ OTHER GOVERNMEHTAL AGENOY (F~ ' ~t. ~ Am' Ar,~Ec'r OF Ti~ Ao'no~ ~AVE A OURREmLY V,~J~ ~m~r OR ,~q~ROVALt I CER~FY ~t~T'mE I~r-om~ATIo~ PRO, OEO AeOVE tS TRUE 'tO 'mE nEST oF MY ~tOWt. EOGE I( tho action Is In 'the Coastal Area, and you am a state agency, complete the Coastal Assessment Form'before proceeding with this assessment OVER I ART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. ODES ACTION EXCEED ANY TYPE I THRESHOLD IN 15 HYCRR. PART e17.47 ii yes. cOO(diXie the review p~oce.s$ and use Ihe FULL EAF. E]Yes S. WILL ACTION RECEIVE COORDINATED REVIEVV AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART ~,17.67 II No. a negalive decla*al;on C. COULD ACTfON RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: tAnswer$ may be handwrilterL il legible) E.'I~ THERE, OR IS THERE UKELY TO eF..~ ~NTROVERb~Y RELATED TO POI~NTIAL ADVERSE ENVIRONMENTAl.. IMPACTS? ~,RT Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each advert, e effect Identified above, determine whether II Is substlmtlal, large, important or otherwise si~niticant. Each efleot should be assest~d In coflflactlen with Its (a} acltiflg (i.e. ucban or rural); (b) pnfoat:41ily ol occurring;, to} duration; (cl) Iffevefslb~l#~, (e) geO~lK~lo t, oo~e.; ~ (~ m~g~fltucla. If I~oea&aq', add atlao~meflts or rel'ef~loe r~ i1mte~lala. Entmm that explanations COfltaln lufllcleflt detail to show that III esleYaM adverse Impectl'have been idenllited eacl adequalel¥ &dd~es~ed. If quesitofl D of Part II wis checked yes, Ihe detemtlnatkx~ and IlgnlfleaRCe'must evaluate the potential Impact o! the proposed ectkm en the efl'droflmefltll ohamotecistlos o! the ~ D Chock this box If you have Identified one or more potentially large or significant adverse Impacts which MAY occur. Then proceed cIIrsctly to the FULL FAF and/o~ prepare & positive declaration. D Chock this box If you have determlfled, based mi the Information and analysis above and any supporting documentation, that the p~oposed action WILL NOT result In any signlflean! adverse environmental Impacts AND provide off attachments as necessary, the reasons supporting this determination: 2 Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application .,~'Wetland Permit Application "'"-Major Waiver/Amendment/Changes ,~eceived Application:~ ~eceived Fee:$ ~ ,C~Smpleted App~ __~Qmplete_ RA Classification: ~ype I Type II Unlist .ed -/~oor-~nation:(date s~nt) -~-'~AC Referral Sent:~ ~Date of Inspection: I~ll](b~ Receipt of CAC Report: Lead Agency Determination:__ Technical Review: ~---drublic Hearing Held~:~ Resolution: Minor Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 >oc K Name of Applicant Address ~ ~_..), Suffolk County Tax Map Number: 1000- _~ '7 f O Property Location: /O?qf .]Jd)A ~/--// AA .~ L///(--h (provide L~LCO Pole #, distance to cross str¢~-'~, and location) AGENT: (If applicable) Address: Phone: Land Area (in square feet): Area Zoning: /~ - ~' O Previous use of property: Intended use of property: Board of Trustees Application GENERAL DATA .A cwe3 Prior permits/approvals for site improvements: Da e __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? t-/ No Yes If yes, provide explanation: Project Description (use attachments if necessary):. WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Board of Trustees Application i I %/o Area ofwetlands on lot: (c~'~;$ ~'-/~/ arefeet Percent coverage of lot: L~$~ ~,(~// % Closest distance between nearest existing structure and upland edge of wetlands: / Ooo -4' feet Closest distance between nearest proposed structure and upland edge of wetlands: /r~oO 4; feet Does the project involve excavation or filling? J No Yes If yes, how much material will be excavated? (.) cubic yards How much material will be filled? (_..) cubic yards Depth of which material will be removed or deposited:_. Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Cnly PART [--PROJECT INFORMATION (To be completed by AeDlicam or Proiec= sponsor) SEQ /3, 5. IS ROlO ACTION: PRO SED YNe w [] Exl~ans~on ~ Modificaliontalleration 5. WILL FROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING --~ND USE ~ESTRICTICNS~ ~e$ I~ No If NO, descr¢~e briefly DOES ~ ANY ASP T OF THE ACTION HAVE A CURRENTLY VALIO PERMIT OR APPROVAL? I~ Yes' l! '/es. list agency name and permit/approval If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER ! PA~T iI--ENVI~O;IME?iTA' ES.~MEblT T] se csms:ese~- s¥ Igenc mART iiiIOETERMINATICN OF SiGNIFtCANCc ~TO me cmmole[ed Dy Agency) Board of Trustees Application County of Suffolk State of New York ~-~{/L/ L, Ht~//CT~x DC) BErG D~Y SWO~ DEPOSES ~ ~F~S THAT ~/S~ IS ~ ~PLIC~T FOR T~ ~O~ DESC~ED PE~(S) ~ T~T ~L STATE~NTS CONT~D ~ ~ ~ TO ~ BEST OF ~S~R ~O~EDGE ~D BEL~F, ~ ~T ~L WO~ ~L BE DO~ ~ ~ ~R SET FOR~ ~ Tiffs ~PLICATION ~ AS MAY BE ~PRO~D BY ~ SOUTHOLD TO~ BO~ OF TRUSSES. T~ ~PLIC~ AG~ES TO HOLD ~ TO~ OF SOUTHOLD ~D T~ TO~ TRUSTEES H~ESS ~ ~E ~OM ~Y ~ ~L DAMAGES ~ CLA~S ~S~G ~ER OR BY ~ OF S~ PE~T(S), ~ G~TED. ~ CO~LET~G ~S ~PLIC~rION, I ~BY AUTHO~E T~ TRUS'I~FS, T~IR AGENT(S) OR ~P~SE~ATI~S(S), TO EN~R ONTO ~ PROP~g I'Y TO ~SPECT T~ P~SES ~ CON~CTION ~ ~W OF D{IS ~'PL!CATION Signaffire - SWORN TO BEFORE ME THIS / J ~ DAY OF _:(L-_(.3__L~__ ,20 O L- Public - ELIZABETH A STATHI$ NOTARY PUBLIC, Share of New York No. 01ST6008173. Suffolk Co..upty Term Expires June 8, 20..~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: '; OF NEW YORK iTY OF SUFFOLK ~_[/.~' l.-. t~lL~A.?"~tO0 ,residingat~/O~.~ ~ ~A7~ Id/~qo./ fo~ D £~/.7-//Ot,/9 gJ. Y' , being duly sworn, deposes and says that on the ~c~_..~ dayot~ D~Y¢- ,200,2, deponent mailed a true copy ofthe Notice :'orth. in the Board of Trustees Application, directed to each of the above named ,sons at the addresses set opposite there respective names; that the addresses set Jpposite 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 .500 7'//otr) //q 7 / _, that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this Dayof D6"C. .,20 · Not~ Public Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Peliwoda Town Hall · 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~0~ L, /~, residing at /~ ~/. ~/~Lc- 30of/¥o v. P'. //9 7/ being duly sworn, depos~ and say: That on the /~f~day of b6( , 200L, I personally posted the property known as /~ //, ~y~/~.w ~O~ ~ ~-~//JO~ D 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 eight days prior to the date of the ~~7' Date of ,hearing noted thereon to be held ~_~0 Dated: ~ture) Sworn to before me this /1~4~~ day of ~)¢ C. 200 Notary Public The Town o~ $~uEhuld's Code cf £bhics p~ohibibs cos[licte ut interest on the part of teen office~s and emplo~ Tile purpose of this form is to provide information which can alert the tovn of possible conflicts of interest and allow it {~o take whatever action ie necessary to avoid same. uthe~ mntiby, .uuh )8 m cu~pany. I~ mu, indiumte NATURR OF APPLI~ATIONt (Cheek ail thak sppl¥.) Tax grievance Variance change of sons ARp~al of plat , Exeiptio. from plat or offieisl map Other by b~oodt narria~ or business interest. Mhiuh ~h~ town officer or employee ha, ~ven ~h~ town officer or e~pioyee ovn. more than / If you anav~red 'YRS,". complete the balance u~ ~his {Corm and dabs and ei~ ~h~re indicaeed. Name of pecson~employ~d by bh~ ToYs o~ Soubhold and ~he ~own office~ ~r employee. Eikher check ~h~ appropriate lin~ A) ~rough D) and/or d~uribe in khe ~pac~ provided. / The town o;fluer or empl~ee or his or her spouse~ sibling, parent, or c~ld is (ch;c~all ~ha~ apply)~ A) ~he ovneu og grea~e~ ~han 5% o~ ~he shares o~ corporate s~ock o~ ~ npplie~n~ (when ~he , Is a ootpora~ion)l ~ , - B) ~he legal otbbne~icial~n~u o~ any inbere~k in a non~orpota~en~i~y (vhe~he appilemn~ is nu~ a ' corpora~ion)~ , ~ ' . C) an o~r~ ~ee~ur~ pat~.~ or employe~ o~ app~caob / or ~ - . D) bhe ~bual. appiicank, ~ ~ · ·. *, , ~,, 5,~, STATE OF N--EW YORK DEPARTNENT OF STATE 4 I STATE STRE~I- ALBANY, NY I 2~'3 I -000 I GEORGE E. PATAKI Mr. Dan Hall Land Use Ecological Services, Inc. 2576 Sound Avenue Baiting Hollow, NY 11933 Southold Town Board of Trustees Re: F-2003-0039 U.S. Army Corps of Engineers/New York District Permit Application - John Hurtado, Sr - Construct 4' x 108' fixed catwalk; proposed to utilize (4) 4" x 4" timber dock piles and (26) 6" dia CCA timber dock piles Southold Bay, Town of Southold. Suffolk County General Concurrence Dear Mr. Hall: The Department of State received your Federal Consistency Assessment Form and consistency certification and supporting intbrmation for this proposal on January 1, 2003. The Department of State has determined that this proposal meets the Department's general consistency concurrence criteria. Therefore, further review of the proposed activity by the Department of State is not required, nor is the Department's concurrence with an individual consistency certification for it. When communicating with us regarding this matter, please contact us at (518) 474-6000 and refer to our file it F-2003-0039. Coastal Resource Specialist Consistency Review Unit sm COE/New York District - Marc Helman NYSDEC/Region 1-John Pavacic REPLy TO A I'~EN TION OF Eastern Permits Section SUBJECT: Application No. DEPARTMENT OF THE ARI NEW YORK DISTRICT, CORPS OF ENGINI JACOB K. JAVITS FEDERAL BUILDIN* NEVV YORK, N.Y. 10278-0090 January 30, 2003 FEB 1 9 2003 Southold Town Board o~ '[r~Jstees 2003-00052-L2 by John L. Hurtado The New York District, U.S. Army Corps of Engineers, has received a request for Department of the Army authorization for the following activity: APPLICANT: ACTIVITY: John L. Hurtado P.O. Box 1925 Southold, NY 11971 Install a 4' x 108' fixed timber pier, as shown on the attached drawings. The purpose of this project is to provide a safe recreational mooring facility. WATERWAY: Southold Bay, Shelter Island Sound LOCATION: Town of Southold, Suffolk County, New York As this is minor in nature, authorization may be by Letter of Permission. This is in accordance with current Federal Regulations governing work in navigable waters of the United States. To accomplish the coordination required, prior to the issuance of a Letter of Permission, your review of Uhe enclosed drawincs is requested. ~ Pursuant to Section 307 (c} of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1465 (c) (3/ (A)), the applicant has certified that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. To allow for the timely processing of the subject application, your comments are requested within 15 days of the date of this leEter. Enclosure Sincerely, Marc Helman Acting Chief Eastern Permits Section o SEQRA RESOLUTION RE: JOHN L. HURTADO SCTM#79-5-20.13 Resolved by the Board of Trustees of the Town of Southold that the application of JOHN L. HURTADO, more fully described in the public hearing section #17 of the Trustee agenda dated Wednesday, December 18, 2002 is, pursuant to the SEQRA rules and regulations, an Unlisted Action; and be it Further resolved that the applicant is required to submit Part 1 of the Long Environmental Assessment Form (LEAF); and be it Further resolved that upon receipt of the LEAF the Clerk of the Trustees is hereby directed to commence a coordinated review pursuant to SEQRA. NOTICE ~O AI~ACE~T PBOPERTY OWNKR B~AItD OF TRUSTBJL~, TOt~ OF $O~J~HOLD YOU AR~ HEREBY GXVE~ NOTICe: ~eLlCtt £~om &-h~ Boaz~! of ?_~un~eos located id~acen~ ~o your prope~:y &nd kS d~c~kl~ mi ._?ou f'# o ,' D / X /IC/71 c,~n~ on~.~ You m&y cofl~ecc ~he T~us~ees Off~Ce at* 765 ~892 o~ tn-w~k~kng. The mbove =e~mL~ncmd p~oposal ko ufld~F revAev of ~he BomEd et TZmmteel of the ~fl of $outhoXd and doee not Eeference Any otlmr agency that mVghC have ~o revtew lame p~oposa].. F~.: COpy o( sketch or pXan eho~l.g prolpO~aZ tot your Telephone (631) 765-1892 Towu H',~.II. 53095 Maiu Road P.O. Box 1129 ,Bout. hold. New York 11971 SOUTHOLD TO~N CONSERVATIOi~ ADVISORY COUNCIL At the meeting of the Southold Town ConserVation Advisory Council held Thursday, December 12, 2002, the following recommendation was made: Moved by Tom Schlicter, seconded by Bob Ghosio, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Permit Application of JOHN L. HURTADO to construct a 5 ½' X 96' wood dock into Southold Bay. Located: 10995 North Bayview Rd., Southold. SCTM#79-5-20.13 The CAC recommends Disapproval of the application because of the following reasons: The shallow water where the dock is proposed is teaming with shellfish. The structure is not consistent with the area. The use of CCA materials would have a negative impact. A 5 './2' wide dock would cast a large shadow over the underwater lands. Vote of Council: Ayes: All Motion Carried LOCATION MAP JOItlll L. HURTADO PO. BOX 1925 80UITIOLD, NY 11971 J)oCK NORTH $OUTHOLD BAY TEST HOLE DATA f5 N74'42'10"W SUFFOLK COUNTY DEPARTMENT OF HEALTH HAUPPAUGE, N.Y. DATE SERVICES THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT FOR IN THE .WITH A TOTAL OF LOTS WAS APPROVED ON THE ABOVE DATE, WATER SUPPLIES AND SEWAGE DISPOSAL FAClLI~IES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL BE VALID ONLY IF THE REALTY SUBDIVISION/DEVELOPMENT MAP IS DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE. CONSENT IS HEREBY GIVEN FOR THe FILING OF THIS MAP ON WHICH THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE OOUNTY CLERK IN ACCORDANCE WITH PROVISIONS OF THe PUBLIC HEALTH LAW AND THE SUFFOLK COUNTY SANITARY COBE, DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY now or formerly Peconic Land Trust Co iN 1999 74-0.30' PARCEL 1 / / t I 800.50' ooW or (ormerl¥ George 3, BerrY, 0 NORTH THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY ARTICLE 16 OF THE TOWN LAW. CHAIRMAN DATE OF APPROVAL DATE OF CERTIFICATION "I HERESY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED APRIL 04, 2002 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: · ACTUALLY EXrST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT, THE DIMENSIONAL REQUIREMENTS FOR ALL LOTS "R-~0 & A-C" ZONING USE DISTRICT. DAVID H~ FOX DATE N,Y.S L.S # 50234 "1 HEREBY CERTIFY THAT THE WATER SUPPLIES AND/OR SEWAGE DISPOSAL SYSTEMS FOR DESIGNED BY ME OR UNDER MY DIRECTION. BASED ON A CAREFUL AND }F THe SOIL, SITE AND GROUNDWATER CONDITIONS, ALL LOTS, AS P 0 THE SUFFOLK COUNt( DEPARTMENT OF HEALTH SERVICES I ~ ~~IN EFFECT AS OF THIS DA~." J~S'~;~ FI SOH ETTI, PR-- ~ D~TE (0 MLW) SOUTHOLD BAY /29"E NOv 2 5, 20 O' I cou~ ¢1 L__,~j PARCEL 2 .o >~ -c E E~ Co 5 OWNER CHRISTINE C. HURTADO, JOHN L. HURTADO, SR., DEBRA J, HURTADO & JOHN L, HURTADO, JR, R,O. BOX 1925 SOUTHOLD. NY, 11971 NOTE 1. TOPOGRAPHICAL DATA SHOWN HEREON IS FROM SURVEY PREPARED BY ANTHONY LEWANDOWSK], L.S, LAST DATED NOV, 09, 20DO AND IS REFERENCED TO TOPOGRAPHICAL MAPS "5 EASTERN TOWNS" 2, WETLANDS LINE SHOWN HEREON IS FROM SURVEY PREPARED BY ANTHONY LEWANDOWSKI, L.S. LAST DATED NO% 09, 2000. 5. PARCEL 2 NOT TOBE FURTHER SUBDIVIDED SITE DATA TOTAL AREA ZONING USE DISTRICT SCHOOL DISTRICT FIRE DISTRICT 24,043 ACRES R-40 & A-C SOUTHOLD SOUTHOLD NYNEX, LIPA (ALL UTILITIES TO BE INSTALLED UNDERGROUND IN ACCORDANCE WITH THE PUBLIC SERVICE COMMISJON REGULATIONS) SCALE: 1"=100' JOB N0:2002-051 DATE; REVrSION- JULY 03, 2002 PLA&pREPArED SCALE 1 =100 FOX LAND SURVEYING PO BOX 22~ SPEONK, N.Y. 11972 (6B1) 525-2902 Set Off Prepared For: "CHRISTINE C. HURTADO, JOHN L. HURTADO, SR., DEBRA J. HURTA O & JOHN L. HURTABO, JR." At B ayview Town of $o~f/~o[d Suffolk County, New York Suffolk County Tax Map: Dlst. 1000 Sect. 079.00 Block 05.00 Lot 020.013