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Home My WebLink AboutTR-6718 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0497C Date December 9, 2009 THIS CERTIFIES that the construction of 8 If. of rip-rap in "Area A" and 12 If. of rip-rap in "Area B" with filter cloth and 5-7 lb. stones along shorelines; construction of a 135'X 2' French drain, 2' deep lined with filter cloth and filled with cobblestone; regrading of roadway and construction of 6" berms along both sides; the installation of four (4) pilings along existing pier; and removal of oyster shells along the shoreline to allow the spartina to grow At 10273 North Bayview Rd. Ext., Southold Suffolk County Tax Map #79-5-20.12 Conforms to the application for a Trustees Permit heretofore ~ed in this office Dated 8/14/07pursuant to which Trustees Wetland Permit ~6718 dated 9/19/07 was issued and Amended on 8/19/09 and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the construction of 8 If. of rip-rap in "Area A" and 12 If. of rip-rap in "Area B" with filter cloth and 5-7 lb. stones along shorelines; contraction of a 135'X 2' French drain, 2' deep lined with filter cloth and filled with cobblestone; regrading of roadway and construction of 6" berms along both sides; the installation of four (4) pilings along existing pier; and removal of oyster shells along the shoreline to allow the spartina to grow. The certificate is issued to PECONIC LAND TRUST owners of the aforesaid property. Authorized Signature James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Augu~ 19,2009 Mr. Gregg Rivara 10273 North Bayview Road Southold, NY 11971 RE: PECONIC LAND TRUST 10273 NORTH BAYVlEW ROAD, SOUTHOLD SCTM# 79-5-20.12 Dear Mr. Rivara: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, August 19, 2009: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #6718 to construct 8 linear feet of rip-rap in "Area A" and 12 linear feet of rip-rap in "Area B" by placing filter cloth and 5-7 pound stone along shorelines; construct a 135'x2' French drain, 2' deep, lined with filter cloth and filled with cobblestone; regrade roadway and construct 6" berms along both sides; and install four pilings along existing pier, with the condition that the oyster shells are removed to allow the spartina to grow, and as depicted on the revised site plan prepared by Peconic Land Trust last dated May 20, 2009, and received on July 28, 2009. NOW BE IT FURTHER RESOLVED that the Southold Town Board of Trustees grants a One-Year Extension to Permit #6718 as issued on September 19, 2007. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. President, Board of Trustees JFK:eac 1 Off [PECONIC LAND TRUST the I.ands of Shellfisher Preserve Photo Locations James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfcl Town Hall 53095Route 25 P.O. Box 1179 Southold, New York11971-0959 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Tele ~hone (631) 765-1892 JUL 2 8 200 ---~ Southeld 1o n,. ---f~oard APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT / 07/15/2009 16:18 G312838235 PEOONIC LAND TRUST PAGE 82/18 New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (631)444-0403 FAX: (631)444-0360 Websito: www,dec.state.ny.us . ~ .~'~;~'~ .... x';, July 9, 2009 9~.OOt~C t Peconic Laod Trust Inc. 296 Hampton Road P.O. Box 1776 Southampton, N.Y. 11969 Re: Permit #1-4738-00522/00008 Dear Permittee: Alexander B, Granflis Commissioner In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) mid its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special pei,:iit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, plebe contact us at the above address. Also enclosed is a permit sign which is to be conspicuomly posted at the project site and protected from the weather. SinTely, Environmental Analyst SLA/dj Enclosure ~?:15../~2003 16~21 6312838235 PECONIC LAND TRUST PAGE 01/02 Shellfisher Preserve Southhold Town Board of Trustees NYSDEC APPROVED AS PER TERMS AND CONDiTiONS QF DATE ~ 87/15/2nOq ]6:18 6.3]2830235 PECONIG LAND TRUST NEW YORK STATE DEPARTMENT OF ENVIRONME~NTAL CONSERVATION Facility OEC ID 1-4738-00522 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: PECONIC LAND TRUST INCORPORATED 296 HAMPTON RD PO BOX 1776 SOUTHAMPTON, NY 11969 (631) 283-3195 PLOCK SHELLFISI-IER PRESERVE BOX 973 MAIN ROAD CUTCHOGUE, NY'I 1935 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 719.2 NYTM-N: 4547.2 Facility: PLOCK SHELLFISHER PRESERVE PROPERTY 10273 NORTH BAYVIEW RD Latitude: 41°02'47.5'' Longitude: 72023'30.9" Authorized Aet~ity: Construct 8 linear feet of rip-rap in "Area A" and 12 linear feet of rip-rap in "Area B" by placing filter cloth and 5 - 7 pound stone along shorelines. Construct a 135' x 2' French drain, 2' deep, lined with filter cloth and filled with cobblestone. Regrade roadway and ~nstruet 6" harms along both sides. Instil four pilings along existing pier. All work must be done in accordance with the attached plans prepared by Peconic Land Trust last revised May 21, 2009. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-00522/00008 ' New Parfait Effective Date: 7/8/2009 Expiration Date: 7/8/2014. Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-00522/00009 New Permit Effective Date: .72_8/2009 Expiration Date: ~8~203_4. Excavation & Fill in Navigabte Waters ~ Under Article 15, Title 5 Permit ID 1 4738-00522/00010 New Permit Effective Date: 7/8/2009 Expiration Data: 7/8/2014 Page 1 of 6 ~]? l~./]~]Oq 16~18 _,)1z8302~5 PECONIC LAND TRUST NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00522 PAGE 04/10 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: GEORGE W I~AMMARTH Deputy Regional Permit Administrator Address: NYSDBC REGION 1 HEADQUARTERS .9/--//- SUNY (~ STONY BROOKI$0 C[P. CLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: ~'~a~/~ Distribution List SHERRI L AICHER Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL 'WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS I. Notice of Commencement At least 48 hours prior to commencement of the project, the perrrdttee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the :form must also be signed and returned, along with photographs of the completed work. 2. Conformance With Plans Ail activities authorized by this pemfit must be in strict conformance with the approved plans submitted by the applicant or applicant's agem ~ part of the permit application. Such approved plans were prepared by Peconic Land Trust last revised May 21, 2009 arid stamped "NYSDEC Approved" on July 8, 2009. Page 2 of 6 Q?,15/2~09 lB:lB 531283023~ PECONIC L.,~HD TRUST NEW YO~ STA~ DEPARTMENT OF ENVIRO~AL CONSERVA~ON FneilRy DEC ID 1-473~00522 3. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 4. NO Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 5. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined to landward oftbe ernst of the bank. 6. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). ?. No Beach Excavation For Fill No excavation of the beach is authorized for the pnrpose of obtaining fill or stone materials. 8. Use of Treated Wood The use of wood treated with Pentachlomphenol or other wood treatment not specifically approved by thc Department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters.' ~. No Structures on Pilings No structures, other nan structures specifically authorized by this permit, shall be constructed on pilings without further authorization from the depoxlment (permit, modification or amendment). 10. Install, Maintain Erosion Controls Necessary erosion control measures, i.e., straw bales, silt · fencing, etc., are to bc placed on the downslopc edge of uny disturbed area. This sediment barrier is to be put in place before any disturbance of the grotmd occurs and is to be maintained in good and functional condition until thick vegetative cover is established. 11. Access to Bar Access to the gravel bar shall be made over the adjacent up-land stream bank without crossing the stream. ~z. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 13, State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be mused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. Page 3 o{ 6 L~?/15/2~]09 i6:18 6312830235 PECONIC LAND TRUST NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID !-473$-00522 PAGE 14. State May Order Rcmoval or Alteration of Work If future operations by thc State of New York require an alteration in the position o('tbe structure or work herein attthorized, or if, in thc opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction &the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and i:f, upon the expiration or revocation of this permit, the structure, fill, 'excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of'New York on account of any such removal or alteration. 15. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leaehata or any other environmentally deleterious materials associaled with the project. 16. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to thc State~ and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Depaiiii'mnt of Environmental Conservation hereby certifies that the subject projcct will n6t contravene effluent limitations ox other limitations or standards ~inder Sections 301~ 302, 303,306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. GENERAL CONDITIONS - Apply to ALL Authorized Permits: . 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department)to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to due permit area when requested by the Departmem. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department a~ all times at the project site or facility. Failure to produce a copy of the permit upon request by a Depadmant representative is a violation of this permit. Page 4 of 6 07./15/000~q iB:18 6312830235 PEOONIC LAND TRUST NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00522 PAGE 07/10 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Depm'tment, issuance of this permit does not modi~, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or ~ansfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: ]Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOK[50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee mast submit a renewal ~pplieation a~ least 30 days before permit expiration for the following permit authorizations: Excavation & Fill in Navigable Waters, Tidal Wetlands, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant · W a ...... technology or apphcable la or regal tions since the tssuanee of the exmtmg perrmt; noncompliance with prev/ously issued permit conditions, orders of the commission~, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6, Permit Transfer Permits are transferrable tmless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actnal transfer ownership. Page 5 of 6 87,/15/2889 16:18 6312838235 PECONIC LAND TRUST PA6E 88/18 NEW YORK STATE DEPARTMENT OF ENVIRON'M~NTAL CONSERVATION Facility DEC ID 1-473g,00522 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Enrironmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permlttee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compli~ce or not in compliance with thc terms and conditions of thc permit. TMs indemnification does not extend to any claims, stilts, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming thc DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil righls provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittce is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions whilc acting as the permittee's agent with respect to the permitted activities, and such persons shall be subje~ to the same sanctions for violations of the Environmental Conservation Law as those proscribed for the permittee. Item C: Permittee Responsible far Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that mt~y be required to carry out thc activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Right~ This permit docs not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the~ permit. Page 6 of 6 87/15/2809 16:18 6312838235 PEOONIC LAND TRUST PAGE RETURN THIS FORM TO: PERMIT NUMBER: PROJECT LOCATION/ADDRESS CONTRACTOR NAME: I NOTICE OF COMMENCEMEI~ OF coNsTRUCT ON COMPLIANCE OR FAX TO: 631-444-0297 Marine Habitat Protection NYSDEC 50 Clrele Road - SUNY Stony Brook, NY 1 ISSUED TO: ADDRE$S: TELEPHONE: Dear Sir:, Pursuant to General CondMon of the referenced permit, you am hereby not/fled that [he authorized activity shall commence on · We certify that we have read the referenced pem~it and approved plmle and fully u~eretand the authorized proJe~l and all permit conditions, We have Inspe~ed the project ~e and can cempiete the proje~l as de.bed In Iris pelmlt and as depicted on the approved plane. We can do so ~ full compliance with all plal~ nofe~ and permit conditions. The pmmit ~gn, permit and approved plans Will be available at the site for inspection In accordance wiffi general Co.II, ce No. 1, (Both elgllaturea required) PERMITEE DATE CONTRACTOR DATE ., THIS NO TICE MUST BE SENT TO THE ABOVE ADDRESS A T LEAST TWO DA Y$ PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANY A$$OCIA TED REGULA TED AC TIVmES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HA VE THE PERMIT AND APPROVED PLANS AVAILABLE A T THE WORK SITE FOR THE DURA TION OF THE PROJECT MA Y SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTiONS AND PENAL TIES FOR NON.COMPLIANCE WITH PERMIT CONDITIONS. Cut along this I ne ~ .,:< ,.~.. ....................................................................... ..~. ........ ~ NO~CE OF COMPLETION OF CQNSTRUC'I~OU RETURN THIS FORM TO: PERMIT NUMBER: PROJECT LOCATION/ADDRESS: CONTRACTOR NAME: ADDRESS: TELEPHONE:" Dear Sir: .... COMPLIANCE Marine Habilat Protection NYSDEC 50 Circle Road - SUNY Stony Brook, NY 11790-3409 OR FAX TO: 631-~?. 0297 IBSUED TO: Pursuant to General Conclitlon of the referenced permit, you am hereby notified [hat the authorized actk, tty was Completed on ~ We have fully complied With the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE DATE CONTRACTOR OATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DA Y$ OF COMPLETION OF THE PROJECT. 95-2D- 1 ( 11~3.3 ~gd New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Depadment conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Permit N umber/'~~>~-~ Expiration Date ,,'7 /<~/;A o/~ Regional Permit Administrator ROGER EVANS NOTE: This notice is NOT a permit James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction /2 constructed roject complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6718 DATE: SEPTEMBER 19~ 2007 ISSUED TO: PECONIC LAND TRUST~ INC. PROPERTY ADDRESS: 10273 NORTH BAYVIEW ROAD~ EXT, SOUTHOLD SCTM# 79-5-20.2 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on September 19, 2007, and in consideration of application fee in the sum of $250.00 paid by Peconic Land Tmst~ Inc. and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to reinforce 390' of eroding bank along marina and creek with filter cloth and 50-75 lb. stones and add four (4) 8" pilings along dock in marina area, with the condition of using the spoil to re-grade the road and plant at the top of the road, and as depicted on the site plans prepared by Peconic Land Trust, Inc., last dated July 25, 2007 and received on August 14, 2007. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. James King - Absent Dave Bergen - Absent TERMS AND CONDITIONS The Permittee Peconic Land Trust, Inc., business office located at 296 Hampton Road, Southampton, New York, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0~)59 Telephone (631) 765-1892 Fax (631) 765-6641 September 19, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Pam Greene Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 RE: 10273 NORTH BAYVIEW ROAD, EXT., SOUTHOLD SCTM# 79-5-20.2 Dear Ms. Greene: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 19, 2007 regarding the above matter: WHEREAS, PECONIC LAND TRUST INC. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated August 14, 2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 19, 2007, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of PEOONIC LAND TRUST, INC. to reinforce 390' of eroding bank along marina and creek with filter cloth and 50-75 lb. stones and add four (4) 8" pilings along dock in marina area, with the condition of using the spoil to re-grade the road and plant at the top of the road, and as depicted on the site plans prepared by Peconic Land Trust, Inc., last dated July 25, 2007 and received on August 14, 2007. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, j me~s F. KingCgCg¢~'~' President, Board of Trustees JFK/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Please be advised that your application dated /~°~ct%-/L/% a. co? has been reviewed by this Board at the regular meeting o~ and your application has been approved pending the compilation of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) V~FinCOnstructed ($50.00) al Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE:$ BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghos~o, Jr. Town Hall 53095Route 25 P.O. Box 1179 Southold, NewYork 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report PECONIC LAND TRUST INC. requests a Wetland Permit to reinforce 390' of eroding bank along marina and creek with filter cloth and 50-75 lb. stones, and add four (4) pilings along dock in marina area. Located: 10273 North Bayview Rd. Ext., Southold. SCTM#79-5-20.2 T~Se of area to be impacted: altwater Wetland Freshwater Wetland Distance ~proposed work to edge of above: Sound Bay P~CC of Town Code proposed work falls under: hapt.275 Chapt. 111 other Type of Application: /Wetland __Coastal Erosion __Amendment __Administrative __Emergency Pre-Submission Violation Planning Info needed: ~ ~ (ho O~ &~ ( ~9 ~f'C~t ~ ~,~ ~.~'_ Modifications: Conditions: Presc.~?* Were: J.King J.Doherty P.Dickerson D. Bergen B. Ghosio, Jr H. Cusac~-- D. D~-enkowski ---Mark Terry~other -- Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Tues., September 11,2007, the following recommendation was made: Moved by Don Wilder, seconded by Chris Kempner, it was RESOLVED to SUPPORT the Wetland Permit application of PECONIC LAND TRUST INC. to reinforce 390' of eroding bank along marina and creek with filter cloth and 50-75 lb. stones, and add four (4) pilings along dock in marina area. Located: 10273 North Bayview Rd. Ext., Southold. SCTM#79-5-20.2 Inspected by: Don Wilder, Chris Kempner Vote of Council: Ayes: All Motion Carried ~ L ~R~ard of Trustees the ~nds of P~onic Land Trust She~isher Preseme Site PI~ Prepared By: Dawn Haight; 25 July 07 Shellfisher Preserve Location Map the Lands of Shellfisher Preserve Suftotk County, New York ~'~PECONIC LAND TRUSTI Pr~pared By: Dawn Haight; 25 u y 07 the Lands of Shellfisher Preserve Suflt lk Country, New York $oothhold Town Board of Trustees / ./ / - ,- - . - r ¢ Shellfisher Preserve Photograph Locations D = Dock E = Erosion Greenhouse',~/ ,// ii Hatchery Shellfisher Preserve Dock view 1 Dock view 2 Erosion view 1 Erosion view 2 Erosion view 3 Erosion view 4 Erosion view 5 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 F~x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: September 17, 2007 Re~ Proposed Wetland Permit for PECONIC LAND TRUST INC. SCTM#1000-79-5-20.2 PECONIC LAND TRUST INC. requests a Wetland Permit to reinforce 390' of eroding bank along marina and creek with filter cloth and 50-75 lb. stones, and add four (4) pilings along dock in marina area. Located: 10273 North Bayview Rd. Ext., Southold. SCTM#79-5-20.2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP provided that the Policy 4.1 has been furthered to the greatest extent practical. Active erosion of the road bank is visible on-site. However, note that the road bank is primarily eroding as a result of the existing grade of the road and sheet flow runoff over the road down- slope to the water bodies. The runoff has resulted in several small gullies. It is recommended that the Board require that the grade of the road be corrected to minimize road runoff. Policy Standards 4.1 Minimize losses of human life and structures from flooding and erosion hazards. Use hard structural erosion protection measures for control of erosion only where: 1. Avoidance of the hazard is not appropriate because a structure is functionally dependent on a location on or in coastal waters; located in an area of extensive public investment; or reinforces the role of Maritime Centers or Areas for Concentrated Development. 2. Vegetative approaches to controlling erosion are not effective. Enhancement of natural protective features would not prove practical in providing erosion protection. Construction of a hard structure is the only practical design consideration and is essential to protecting the principal use. The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary b. based on sound engineering practices Practical vegetative methods have been included in the project design and implementation. Adequate mitigation is provided and maintained to ensure that there is no adverse impact to adjacent property or to natural coastal processes and natural resources and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. The materials of the proposed additional pilings have not been identified. Require that the applicant identify the proposed materials. 11.6 Promote aquaculture. Aquaculture is a desired water-dependent use in Southold. Aquaculture of economically important species can not only provide additional economic opportunities, it can relieve pressure on and enhance wild stocks that may be adversely affected by pollution, loss of habitat, over-fishing, or other factors. Aquaculture is encouraged for the purpose of restoring native stock and reseeding the creeks and bays; with the primary objective of providing for local economic opportunities, both commercial and recreational in nature, but at a scale appropriate for the resource itself and the marine environment in which the operation is located. The siting of aquaculture facilities within inland portions of creeks should take into account and mitigate negative environmental impacts on the native ecology. The placement of aquaculture facilities within open waters also should be sited so that existing fishery resources are not negatively impacted. More specifically, the effect on finfish of the loss of habitat resulting from aquaculture operations should be a major consideration in any leasing program within the Peconic Bays. Finally, the Town supports the continued activities of the Plock Shellfisher Preserve and the Suffolk County Marine Environmental Learning Center at Cedar Beach County Park in the area of promoting sustainable aquaculture. A. Encourage and promote aquaculture of economically important species. Protect native stocks from potential adverse biological impacts due to aquaculture. Biological impacts to be addressed include direct displacement, competition, introduction of disease, exposure to antibiotics, animal wastes, and potential loss of genetic integrity as well as loss of habitat. The use on-site is Aquaculture, the infrastructure was constructed to support the use. Therefore the proposed improvements meet policy 11.6. Promote Aquaculture Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. James F. K~ng, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only w OaStal Erosion Permit Application etland Permit Application Administrative Permit AmendmenliTran~,er/Extension ece~vved Application: 2~]1 ~/0 7 eceived Fee:$ c~,~-~°°' ~-ompleted Application ~,~'1] (J) Incomplete SEQRA Classification: Type I Type II Unlisted Coordmafion:(date sent) .~EWRP Consistency As~sl~ment Form ~ I~ q'l'~ ~AC Referral Sent: ~(laO 3 -' ~'-Date of Inspection: cl !1%1- [ ~] Receipt of CAC Repot:t: ' Lead Agency Determination: Technical Review: ;~'-rublic Hearing Held: q. ] Iq/. OD Resolution: NameofApplicant Pacon]c Land Tr~s~ Tnc, c~rp,~r~t-o,q Address 296 Hampton Road PO Box 1776 Southampton, NY 11%9 Phone Number:( ) 631-283-3195 Suffolk County Tax Map Number: 1000- 79-05-~o.~ Property Location: 10273 N.Ba_vview Road Exl-onsion Southold~ NY 11971 (provide LILCO Pole #, distance to cross streets, and location) AGENT: to ] ~q (If applicable) Address: Phone: .rd of Trustees Applicati~ GENERAL DATA Land Area (in square feet): 948,445 +/- Area Zoning: Residential Low Density Previous use of property: Intended use of property: No Change AA Commercial Shellfish Hatchery Covenants and Restrictions: x/ Yes If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency NYS DEC USACE NYS DOS (Coastal Mqmt,) No Date permit mpplicAkq~n Permit application pending Permit application pending __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? x No Yes If yes, provide explanation: Project Description (use attachments if necessary): Reinforce 390 Feet of erodinq bank alonq marina and crook with fil~r el~-h pound stones. Add 4 pilinqs alonq dock in marina area. ~rd of Trustees Applicati WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Erosion Control ~ Area ofwetlands on lot: 96,620 +/- square feet Percent coverage of lot: 10 +/- % Closest distance between nearest existing structure and upland edge of wetlands: 24 feet Closest distance between nearest proposed structure and upland edge of wetlands: 24 feet No Change Does the project involve excavation or filling? No Yes If yes, how much material will be excavated? How much material will be filled? none 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: cubic yards cubic yards 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): ~rd of Trustees Applicati, COASTAL EROSION APPLICATION DATA Purposes of proposed activity:. Are wetlands present within 100 feet of the proposed activity? No Yes Does the project involve excavation or filling? No Yes If Yes, how much material will be excavated? (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent o£the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or ProJect sponsor) 1. APPLICANT/SPONSOR [2. PROJECT NAME Peconic Land Trust, Inc. / Shellfisher Preserve 3. PROJECT LOCATION: Municipality Southold County SuITolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 10273 North Bayview Road Extension, Southold 5. PROPOSED ACTION IS: [] New [] a.sio. [] M di,c o. a.e,atio 6. DESCRIBE PROJECT BRIEFLY: Reinforce 390 feet of eroding bank along marina and creek with filter cloth and 50-75 lbs. stones Add 4 pilings along dock in marina area 7. AMOUNT Of LAND AFFECTED: Initially acres Ultimately ac*es 8. W1LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agflculture [] Park/Forest/Open Space [] Other Describe: Private shellfish hatchery 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes II No If Yes, list agency(s) name and permil/approvals: USACE, Town of Southold Trustees 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If Yes, list agency(s) name and penmitrapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I-'lYes ['~-'l No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOIM-EDGE Applicant/sponsor name: Date: Signature: If the action is in the Coastal Area and you are a state agency, complete the Coastal Assessment Form before proceed ng w th th s assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead A~lency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. r~Yes ~]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. [~Yes r-]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeolegical, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: C3 Vegetation or fauna, fish, shellfish or wildlife spesies, significant habitats or threatened or endangered species'~ Explain bdefly' C4. A community's existing plans or goals as officially adopted, or a change in use or intensi~y of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly; C6. Long term, short term, cumulaEve, or other effects not identified in C1 ~57 Explain briefly: C7. Other impacts (including changes in use of either quantity or typo of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain bdefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART lit - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect ident{fled above, detei'mine whether it is substantial, large, impo[tant or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) in'eversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting rnatedals. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was chad(ed yes, the detem~ination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or mom potentialty large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Check this boxifyou have determined, based on the information and analysis above and any supporting documentation,that the proposed action WlM NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer) James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Sr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of .___fl__e c o. .L ......... COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING , residing at r-] ~ ]'~r 1~ ~,~/. /,oF' being duly sworn, depose and say: That on the F'~day of ~et°~ ,2007, I personally posted the property known as by placin~ the Bo~d of Trustees official poster Ohere it can e~ily be seen, ~d that I have checked to be s~e the poster has remained in place for eight days prior to the date of the public hearing. Date ofhemng noted thereon to be held {1~. ~o ~ .lq. O0OO Dated: (signature) Swom to before me this ./~ay of.~/~ 2007 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NalTle~ Address: STATE OF NEW YORK COUNTY OF SUFFOLK ~ot f,_oc*:'¢~'..- , residing at ~[ Ea~,kcr~1, ~-,,.~. ba ~ ~ l°~qq' , being duly sworn, deposes and says that on the ,~1,~- day of ,20~ , deponent mailed a tree copy of the Notice · set f'o~ the Bo~~ppli?ation, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at ~,~,4Kc~,.~.,~. ~'/ , that said Notices were mailed to each of said persons by (certified) (registered) mail.' Sworn to before me this lO~p~ Day of .~,~, 20~ Notary Public NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: Peconic Land Trust, Inc. SCTM# 1000-79-5-20.12 YOU ARE HEREBY GiVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Reinforce 390 feet of eroding bank along marina and creek with filter cloth and 50-75 lbs. stones; and add four pilings along dock in marina area. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Shellfisher Preserve 3. That the project which is subject to Enviromental Review under Chapters 32, 37, and/or 97 ofthe Town Code is open to public comment on: sept. 19, 2007 .You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: MAILING ADDRESS: Peconic Land Trust PO Box 1776 Southampton, NY 11968 PHONE#: (631) 283-3195 Enc: Copy of sketch or plan showing proposal for your convenience. ~PECO~4IC LA?(I) ?t~:(IST Southampton, ~ew York 11969 Prepared By Dawn l[aight 25 lulv 07 Shellfisher Preserve Location Map Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt .minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its si..~ificant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- ~upporfing facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.n0rthfork.net), the Board of Trustees Office, the Planning Department, all local libraries and Lhe Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 79 - 5 20.12 PROJECT NAME Shellfisher Preserve Restoration Project The Application has been submitted to (check appropriate response): TownBoard [~ PlanningBoard[~ BuildingOept. [] BoardofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, lice~e, ce~ficafion: ~] Nature ande~entofaction: Reinforce 390 feet of eroding bank along.~marina_.~d creek with filter cloth and 50/75 pounds of stones; and add 4 pilings along dock in marina area. Locationofaction: North Bayview Road Site acreage: 13.7 Presentlanduse: Mar/culturo facility/open space Present zoning classification: R- 40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Co) Mailing address: Peconic Land Trust PO Box 1776 Southampton, NY 11969 (c) Telephone number: Area Code ( ). (631) 283-3195 (d) Application number, if any:. P e r m i t # 6 014 Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] NoN ' Ifyes, which state or federal agency? NYS DEC C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. I-X-] Yes [] No [-] Not Applicable This renovat~rm project was nn~r~k~n to rg_o~nr~ Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes ~-] No ~ Not Applicable 2.1 .B. "Pro~ resource" -- compatible use or reus~¢ the historic ~ite has been used for mar~/~ulture purposes since the 1940's when it was started by Mr. Plock. It is PLT's qoal to continue this unique, historic use. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~ Not Applicable 3.1 G - "Improved the vsual quality of a historic maritime area Aaach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes N No ~]NotApplicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No NotA 6.1, 6.2 and 6.4: Shellfish improv the environment bY cleaning the water throught filter feeding and removin$ nitrogen. Also, _ spaces between their shells provide habitat for juvenile fish, crabs, and the orgnisms on whey they feed. No ferti;lizers, herbicides, drugs or antibiotics are used in growing shellfish. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes [] No [] Not Applicable At~ach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~-] Yes [] No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] Not Applicable Attach additional sheets if necessary W(~RKING COAST POLICIE~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. F~ Yes [] No ~] Not Applicable Marine II - Mariculture, or aquaculture operation or research and development. 10.5 #4 Dredging necessary r~ ~.pport = .... ~o~a .... ~xistinq use .......... =-..~ent Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes ~-] No [] Not Applicable ' ll.I.C & A - Ensuring the use of a marine resource and enhancement and restoration of shellfish habitat ]l.~ - Provide commercial use area 'for shellfish industry Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes [] No F-~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes ~ No [] Not Applicable PREPARED BY Pam Greene Dir. of TITLE Stewardshfi~TE 8/8/07 PE£ NIC LAND T S T August 13, 2007 Board of Trustees Town of Southold PO Box 1179 Southold, NY 11971-0959 ge~ Peconic Land Trust 10273 N. Bayview Road Extension, Southold SCTM #79-5-20.12 ~dluUIbold ~own To Whom It May Concern: Enclosed please find the completed application requesting a permit for additional work we need to complete at our Shellfisher Preserve in Southold. Also enclosed is a check in the amount of $250. Please feel free to contact me if you require further information. Thank you very much! Sincerely, Pam Greene Director of Stewardship Enclosure 296 HAMPTON ROAD I P.O. BOX 1776 I SOUTHAMPTON, NY 11969 I TEL: 631.283.3195 I FAX: 631.283.0235 www. peconiclandtrust.org PE NIC ST LAND T ~ August 15, 2007 Board of Trustees Attn: Elizabeth Town of Southold PO Box 1179 Southold, NY 11971-0959 Re: Peconic Land Trust 10273 N. Bayview Road Extension, Southold SCTM #7%5-20.12 To Whom It May Concern: Enclosed please find the additional copies to attach to the permit application I hand delivered on Tuesday, August 14m in reference to the above property. Please feel free to contact me if you require further information. Thank you very much for your assistance! Sincerely, Pam Greene Director of Stewardship Enclosure 296 HAMPTON ROAD I P.O. BOX 1776 I SOUTHAMPTON, NY 11969 I TEL: 631.283.3195 I FAX: 631.283.0235 www.peconiclandtrust.org