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Home My WebLink About1000-86.-1-9.4 WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY \ '. PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTH OLD To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: October 17, 2005 Re: Request for Permit for E Brownell & Karen Johnston SCTM#86-l-9.4 E. BROWNELL & KAREN JOHNSTON request an Amendment to Permit #5217 to add a 3.5'X 12' ramp and a 6'X 20' float to the existing dock. Located: 4001 Wells Rd., Peconic. SCTM#86-l-9.4. The action is located in Richmond Creek a listed New York State Significant Fish and Wildlife Habitat and New York State Department of Environmental Conservation Critical Environmental Area. The use of CCA wood is not proposed in this action (October 17, 2005 Telephone Conservation with Heather Tetrault, Environmental Analyst). The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of South old 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 generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the L WRP provided that the applicant demonstrates that the action meets the below policv; 9.4 Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. 2. Permit limited obstruction of public use, including navigation, in navigable waters: a. for water-dependent uses involving navigation and commerce which require structures or activities in water as part of the use. b. for commercial recreational boating facilities, provided that the loss of navigable waters and use of underwater lands is offset by sufficient public benefits. / " c. in order to gain reasonable access to navigable waters from riparian lands. 3. Obstruction of navigable waters and underwater lands is limited: b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adjacent waters, (v) the traditional means of access used by surrounding similar uses, (vi) whether or not alternative means to gain access are available. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. c. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water- dependent use. c. by potential adverse effects on natural resources and their uses, and d. by potential adverse effects on public safety. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. , ""' 1-(631)-734-5890 FAX 1-(631)-734-5891 Email: ebilaw@optonIine.net (~ E. Brownell Johnston ATTORNEY AT LAW 4001 WELLS ROAD PECONIC, NEW YORK 11958-1738 October 31, 2005 Attention: Consistency Review Division of Coastal Resources New York State, Department of State 41 State Street Albany, N. Y. 12231-0001 Dear Coastal Resources Specialist: Subject: F-2001-0925: Proposed work by Mr. And Mrs. E. Brownell Johnston: Private dock construction on residential property/Richmond Creek, Peconic, New York to construct a 3.5' by 12' ramp and 6' by 20' float: US Army Corps # 2001-01560-L2 The original DOS authorization, dated December 13, 2001 (Copy is attached.) was for a catwalk, a 2.5' by 12' ramp and a 6' by 20' float. The catwalk and dock were built in 2002. This is to formally amend our above DOS Permission to conform to the Town of Southold amended (10119/2005) Permit # 5217, as follows: a 3.5' by 12' ramp (versus 2.5' by 12') ramp and a 6' by 12' float, secured by two pilings (add "secured by two pilings"). Please see attached L WRP letter, CAC letter, TOS approval letter/invoice and revised CMP FCA Form. Otherwise, the dock facility is in the same location and of the same length as originally approved. See attached dock plan, dated September 26,2005. Please issue your approval and/or an amended Letter of Permission to us. Thank you for your kind consideration of this request for your approval. Attachments- A through G Copy to Town of Southold Board of Trustees-Albert 1. Krupski, Jr. - President Town of Southold L WRP Coordinator-Mark Terry'\..,...-" j - 1-(631)-734-5890 FAX 1-(631)-734-5891 Email: ebjlaw@optonline.net E. Brownell Johnston ATTORNEY AT LAW 4001 WELLS ROAD PECON1C, NEW YORK 11958-1738 Attachments to October 31,2005 Johnston Letter A - NYSDOS Letter of Permission dated December 13, 2001 B - NYSDOS CMP FCA Form dated October 20, 2005 C - Town of Southold Application Approval letter/invoice dated October 24, 2005 D - Town of Southold Conversation Advisory Council approval letter dated October 12, 2005 E - Town of Southold L WRP letter dated October 17, 2005 finding the proposed actions as Consistent with the LWRP F - Copy of the current dock plan dated September 26, 2005 G - US Army Corps Permit letter # 2001-01560 dated February 15,2002 Jl~ 'I:"fOfl).!, yoltrfiltltl'e DEPARTMENT OF STATE George E. Pataki Governor Randy A. Daniels SecrelalY of Stare Division of Coastal Resources 41 State Street Albany, NY 12231-0001 NYSCoasts f", December 13,2001 p Marc Helman Acting Chief, Eastern Permits Section U.S. Ar)lly Corps of Engineers 26 Federal Plaza, 19th Floor New York, NY 10278-0090 Re: F-200 1-0925 U.S. Army Corps of EngineerslNew York District Permit Application #2001-01560-L2 E. Brownell Johnston and Karen Brekke Johnston - construct a 3'x52' catwalk, 2.5'xI2' ramp and 6'x20' float Richmond Creek Town of Southold, Suffolk County Letter of Permission Dear Mr. Helman: The Department of State received your December II, 2001 letter indicating the above proposed project may be authorized by Letter of Permission. Based upon the information submitted, the Department of State has no objection to the authorization of this proposed project by Letter of Permission. No further review is required by the Department of State. We appreciate your referring this information to the Department of State for review. Sincerely, 4A,g::;-;j,!; {//,gt//;f;t' ~~ Christine Nelson Coastal Resources Specialist Consistency Review Unit CN:pm c: NYS DEC/Region I - John Pavacic Applicant - E. Brownell Johnston Town of Southold Trustees - Albert Krupski Voice: (518) 474-6000 Fax: (5] 8) 473-2464 E-mail cO<lslal@dos.slale.ny.us www.uos.stale.ny_uslcSII/cstJwww.hlm] NOlf! 'fit( S ~ (:; 'Iv Do 5' - R?6.Ui'::5T Lf;f~cyL aF re(ZA'1f 5SIj:J~ (I II) d? IV i 5/ "'- t5 r Lb,ArJ7/Yl-- r? t: s () J /L r;: 5 '. C~/ '.,~~-- NEW YORK STATE DEPARTMENT OF STATE COASTAL MANAGEMENT PROGRAM Federal Consistencv Assessment Fonn An applicant, seeking a pennit, license, waiver, certification or similar type of approval from a federal agency which is subject to the New York State Coastal Management Program (CMP), shall complete this assessment fonn for any proposed activity that will occur within and/or directly affect the State's Coastal Area. This fonn is intended to assist an applicant in certifying that the proposed activity is consistent with New York State's CMP as required by U.S. Department of Commerce regulations (15 CFR 930.57). It should be completed at the time when the federal application is prepared. The Department of State will use the completed fonn and accompanying infonnation in its review of the applicant's certification of consistency. A. APPLICANT I. Name: (please print) Etl/loJJI"? I t J{J r-v, fl.)rJ d- {~N 2. Address: '-( 001 ""elf')' &;r// G ? 1- 7') 'i - 5Y1 J . Pt/0fVI L {)~...j( 1t1Jv571Y' ( ivlfi) ;vtUv '1 () ;/?-(C / ( CViJ'- I 7 rJ (/Jv,i t ) 1- 77"/- j J Y ( 3. Telephone: Area Code ( ) B. PROPOSED ACTIVITY I. Brief description of activity: I Vii> 1100 J.5' Lf'x. r~' (;:n JI!J-1..K .1. 1 /?IM e J- (.''1- &.> rr..o 1}-1 '/09 G}(.(~T/~u- (P/z,/l.M I TtZD) 1{) fl~ v' s fi; c;vtJ r- I 5 i-f - - ../- '1pull At7-)Tf'V/-.if" ,ff't::!ZM(JfIJV'- P';Jfii(} jJ6(. 13, 1.vJ( exal'; Rlfnp IJ71Ai. ()Pv':: fo. r iVI/,G-(L. (51iJ: ~ 4;?>'1-) tJ f '1, tlfl-- Lfi..,,'!6'4\... ~ r::UIYl fi?/L. fL.;} Yf-/() C /hv t? tZ /J1vf) )ftM{' 11-5 1/</ ctrr /iIlti. tL .f 2. Purpose of activity: (lp '> 5 I 15 L. '1 if fM II'<-- L- f3p 1-T 3. Locationofactivity:_ f!.i?~/f)1Hvue. (J,v iZ.1 CIMoNf) c;Zfi-lC/~ S u .; f-ot....l"- P r: Lv A/I C Jyl 4-" () I tv [71 (J e~I).-O County City, Town, orViIlage Street or Site Description tf'C(.ow/ C (; > f}{2M '1 Co Pt' 50 I "-'" I'r/l"1I-) 4. Type of federal pennit/license required: ) (J~IO(l Ii- F-2ooi-01?-J /(#20171_ OIJ{o-L?. 5. Federal application number, if known: 6. If a state pennitllicense was issued or is required for the proposed activity, identify the state agency and provide the application or pennit number, if known: 10wrJ iJy f-iJJ'II!1.JLD rei/wI IT j/.. !;2', (11-'5 /tAl~;CO oJ 6CIC'f/01.. 11. -7-0'>.1) . " . () C. COASTAL ASSESSMENT Check either "YES" or "NO" for each of these questions. The numbers following each question refer to the policies described in the CMP document (see footnote on page 2) which may be affected by the proposed activity. I. Will the proposed activity result in any of the following: YES NO a. Large physical change to a site within the coastal area which will require the preparation of an environmental impact statement? (11,22, 2S, 32, 37, 38,41,43) . . . . . . . . . . . . . . . . ;>< b. Physical alteration of more than two acres of land along the shoreline, land under water or coastal waters? (2, 11, 12,20,28, 3S, 44) .......................... X c. Revitalization/redevelopment of a deteriorated or underutilized waterfront site? (I) ...... L d. Reduction of existing or potential public access to or along coastal waters? (19,20) ...... .2L e. Adverse effect upon the commercial or recreational use of coastal fish resources? (9,10) . . . X f. Siting of a facility essential to the exploration, development and production of energy resources in coastal waters or on the Outer Continental Shelf? (29) . . . . . . . . . . . . . . . . . . . '\( g. Siting of a facility essential to the generation or transmission of energy? (27) ........... ..:k h. Mining, excavation, or dredging activities, or the placement of dredged or fill material in coastal waters? (lS,3S) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X I. Discharge of toxics, hazardous substances or other pollutants into coastal waters? (8, IS, 3S) .J::<:: j. Draining of stormwater runoff or sewer overflows into coastal waters? (33) ............ ..J( k. Transport, storage, treatment, or disposal of solid wastes or hazardous materials? (36, 39) . ..2( I. Adverse effect upon land or water uses within the State's small harbors? (4) . . . . . . . . . . . . .2L 2. Will the proposed activity affect or be located in, on, or adjacent to any of the following: a. State designated freshwater or tidal wetland? (44) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Federally designated flood and/or state designated erosion hazard area? (II, 12, 17,) ..... c. State designated significant fish and/or wildlife habitat? (7) ........................ d. State designated significant scenic resource or area? (24) .......................... e. State designated important agricultural lands? (26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f. Beach, dune or barrier island? (12) ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g. Major ports of Albany, Buffalo, Ogdensburg, Oswego or New Yark? (3) . . . . . . . . . . . . . . . h. State, county, or local park? (19,20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i. Historic resource listed on the National or State Register of Historic Places? (23) ........ 3. Will the proposed activity rcouire any of the following: a. Waterfront site? (2,21,22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Provision of new public services or infrastructure in undeveloped or sparsely populated sections of the coastal area? (S) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. Construction or reconstruction of a flood or erosion control structure? (13, 14, 16) ... . . . . d. State water quality permit or certification? (30, 38, 40) .. . . . . . . . . . . . . . . . . . . . . . . . . . . e. State air quality permit or certification? (41,43) . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . YES NO ',.. l l l X 2S.. .21:. X 4- YES NO 'x: i( - l ..k .1L 4. Will the proposed activity occur within and/or affect an area covered by a State approved local waterfront revitalization program? (see policies in local program document) .............. X "1 ~ VI" ffv uJ IP PV ,J L t.v f\ f f4 P fZ- f) (i/7/'fb;L I SS v (,'JJ ;Z...6vlfvJ!!(f~P.e1 T/lff /j--c'I/o.//T'1 l-(~j' ev,v<;iSTC.v1 tv I It t L w IL P , (Stf-IC A-rT /)Z- r; f) I-(:.T 'T G fl )Vl-'1C:- .1 () L 70 f3 f" f<. ~'s) I' D. ADDITIONAL STEPS I. If all of the questions in Section C are answered "NO", then the applicant or agency shall complete Section E and submit the documentation required by Section F. 2. If any of the questions in Section C are answered "YES", then the applicant or agent is advised to consult the CMP, or where appropriate, the local waterfront revitalization program document'. The proposed activity must be analyzed in more detail with respect to the applicable state or local coastal policies. On a separate page(s),the applicant or agent shall: (a) identify, by their policy numbers, which coastal policies are affected by the activity, (b) briefly assess the effects of the activity upon the policy; and, (c) state how the activity is consistent with each policy. Following the completion of this written assessment, the applicant or agency shall complete Section E and submit the documentation required by Section F. E. CERTIFICATION The applicant or agent must certify that the proposed activity is consistent with the State's CMP or the approved local waterfront revitalization program, as appropriate. If this certification cannot be made, the proposed activity shall not be undertaken. If this certification can be made, complete this Section. "The proposed activity complies with New York State's approved Coastal Management Program, or with the applicable approved local waterfront revitalization program, and will be conducted in a manner consistent with such program. II ApplicantlAgcat's Name: G.8J1..N;/J,t.-1I :!olfl'-"',17J-V <T' 4 () D / tv r-Vl.- 5 lUf)-1) 7 t(~ r-ofo ) ~"'"' ~J /J;2Fftt-f<i JPlf1.1{V.A./ (. WI Frz ) " ;:'CZO/>.4( I !'-1iiw 1rJ./LlL (l"fjf-I7JJ (--IW {; /- 711.(- /811 Address: Telephone: Area Code ( Applicantl~ Signature: Date: (/ - 0::>- ')..",,,;- F. SUBMISSION REOUlREMENTS 1. The applicant or agent shall submit the following documents to the New York State Department of State, Division of Coastal Resources, 41 State Street- 8th Floor, Albany, New York 12231. a. Copy of original signed form. b. Copy of the completed federal agency application. c. Other available information which would support the certification of consistency. 2. The applicant or agent shall also submit a copy of this completed form along with his/her application to the federal agency. 3. If there are any questions regarding the submission of this form, contact the Department of State at (518) 474-6000. *These state and local documents are available for inspection at the offices of many federal agencies, Department of environmental Conservation and Department of State regional offices, and the appropriate regional and county planning agencies. Local program documents are also available for inspection at the offices of the appropriate local government. C\OFFlCElWPWINI WPDOCSlfcaf2 (revised 10/15/99) Attachment to FCA Form, Question D. '.. " I, \ tr I"') ) I'.) c'// The proposed activity is the private dock constmction on our residential property at Richmond Creek in Peconic, New York 11958. The following New York State, Department of State, Coastal Management Program policy numbers are or may be effected and have been considered: 2, II, 12, 17, 21, 22 and 44. This private dock has been designed to minimize the environmental impact while allowing the water-dependent recreational use of our property. The dock will be built pursuant to the plans, which are detailed on the application. They were approved by the Town of Southold Tmstees and a permit was granted (see copy in attached application materials). They are designed to minimize damage to property and the endangering of human lives potentially caused by flooding or erosion. Applicants are committed to the protection of the Tidal Wetlands and preserving the benefits derived from these areas. " Albert .J. Krupski. PriO'sident ,J~1.mes King, Vice-P:rcsident Artie Foster Ken Poliwoda Peggy A. Dickerson ~ (f-!' ~_ig r,f t'OUtlT'l ,\\~ I Town Hall 53095 ROl1te 25 P.O. Box 1179 Southold, New York 11971-0959 \ ~ (r \... Telephone (631) 765-l8Q2 Fa:, (631, 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: {_~rccL\(,\lLll j()I\"'S~n C\- Y\a-nl\'\ .'l~'I'\(\~tD'f\ Please be advised that your application dated q 1J..\010 S' reviewed by this Board at the regular meeting of 1011 Cj I D'\ following action was taken: has been and the ( v) Application Approved (see below) L-) Application Denied (see below) (_) Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in the instruction sheet. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: hY\o.J \1'\ ",?"c:f,0<\ - -..!1 'S'O, l't) 3'1!l x: Id' ro.-rnf' -=. Ltc)" X t' ?o.cD\-rt, " $1a.1o.0b 0' X JD' --t-l(:J:1:t ~ 1,:,),0' ~ ! ,5 .CO\f1 ' ,,1'3100, CO TOTAL FEES DUE: $ 5 -:'(1'), OD SIGNED: ~?~"9n, PRESIDENT. BOARD OF TRUSTEES 1~-24-~5 ~9:35 RECEIVED FROM: P.QI 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) 765-6641 ?~. ,I . ~, t\ "1 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD , / \.., / .' AGENDA Wed., October 19, 2005 7:00 PM CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday, November 9, 2005 at 8:00 AM NEXT TRUSTEE MEETING: Wednesday, November 16, 2005 at 7:00 PM WORKSESSION: 6:00 PM APPROVE MINUTES: Approve Minutes of July 18, 2005 and July 20,2005. I. MONTHLY REPORT: The Trustees monthly report for September 2005. A check for $8,348.32 was forwarded to the Supervisor's Office for the General Fund. II. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for review. III. STATE ENVIRONMENTAL QUALITY REVIEWS: Jack Cipriano - SCTM#87-5-23.6 Leslie Barney & Sean Olsen - SCTM#76-2-1 Paul Long - SCTM#123-5-30 Gregersen's Keep, LLC-Lot 1 - SCTM#35-3-12.6&12.7 Gregersen's Keep, LLC-Lot 2 - SCTM#35-3-12.6&12.7 Walter Gitlin - SCTM#76-3-12.1 Joan McDonald - SCTM#53-3-9 Robert Keller - SCTM#37 -5-11 Joan A. Egan - SCTM#37-5-12 William & Marilyn Pymm - SCTM#122-9-7.25 Allen Kraus - SCTM#67-4-20.6 Old Orchard Homeowner's Assoc. - SCTM#38-6-10 Michael & Joann Nickich - SCTM#86-1-9.5 E. Brownell & Karen Johnston - SCTM#86-1-9.4 Nicholas Notias - SCTM#1 00-3-1 0.11 j 3 I'( c/ ,---- 7. WilLIAM & MARl \l\O~t- realign the existinf structures would a \,,:W. guide piles, and 01 Located: 2504 Ca 8. NICHOLAS NOn .... the timber retainin C/ retaining wall, and Located: 460 Inle 9. MICHAEL & JOAI i construction of a ~ Peconic. SCTM#8 t 10. E. BROWNELL & KAREN JOHNSTON request an Amendment to Permit #5217 to add a 3.5'X 12' ramp and a 6'X 20' float to the existing dock. Located: 4001 Wells Rd., Peconic. SCTM#86-1-9.4 11. WilliafT [ #6134 Southc 12. Docko, t chip OL correc1 13. En-Col [ Amenc fixed c 14. Cather t- to Pen neithel South! (: 15. Cathel Extem Rd., C 16. DEBR LaCh, Locatea: O..JV ,,"UL;I J Lal It::, 0VUlI lUlU. ,....1\-' I IVITTv.L.-,--L..V t VI. RESOLUTIONS - OTHER: 1. Set the Scallop Season. I / Town Hall 53095 Roule 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 CONSERVATION ADVISORY COUNCIL TOWN OF ~OUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., October 12, 2005, the following recommendation was made: Moved by Donald Wilder, seconded by Jennifer Mannino, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the application of E. BROWNELl.& KAREN JOHNSTON to Amend Permit #5217 to add a 3.5'X 12' ramp and a 6'X 20' float to the existing dock. Located: 4001 Wells Rd., Peconic. SCTM#86-1-9.4 Vote of Council: Ayes: All Motion Carried t WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 pLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD OFFICE TOWN OF SOUTHOLD Telephone: 631 765-1938 Fax: 631 7jI5-3"1S6 ( "f ^ /! '\,...._____c~ To: Town of Southold Board of Trustees From: Mark Terry, r~r~ ~ ~ ~ ~ ~ /m u t~CT~!~llt Souti::::d TO\'ifll Senior Environmental Planner L WRP Coordinator Date: October 17, 200S Re: Request for Permit for E Brownell & Karen Johnston L SCTM#86-1-9.4 B[I."Jrd 01 TrL'sfep.s E. BROWNELL & KAREN JOHNSTON request an Amendment to Permit #S217 to add a 3.S'X 12' ramp and a 6'X 20' float to the existing dock. Located: 4001 Wells Rd., Peconic. SCTM#86-1-9.4. The action is located in Richmond Creek a listed New York State Significant Fish and Wildlife Habitat and New York State Department of Environmental Conservation Critical Environmental Area. The use of CCA wood is not proposed in this action (October 17, 2005 Telephone Conservation with Heather Tetrault, Environmental Analyst). The proposed action has been reviewed to Chapter 9S, Waterfront Consistency Review ofthe Town of South old 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 generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the L WRP provided that the applicant demonstrates that the action meets the below policv; 9.4 Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. I. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. 2. Permit limited obstruction of public use, including navigation, in navigable waters: a. for water-dependent uses involving navigation and commerce which require structures or activities in water as part of the use. b. for commercial recreational boating facilities, provided that the loss of navigable waters and use of underwater lands is offset by sufficient public benefits. " [ c. in order to gain reasonable access to navigable waters from riparian lands. 3. Obstruction of navigable waters and underwater lands is limited: b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adjacent waters, (v) the traditional means of access used by surrounding similar uses, (vi) whether or not alternative means to gain access are available. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. c. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water- dependent use. c. by potential adverse effects on natural resources and their uses, and d. by potential adverse effects on public safety. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. , Z() "4-M- fl ~.... 6 ') "' Cl u :{ /J / J ~ PIC ~, :;,i,--? ..;; C r- ,:~e I roD '.,/".- ~~_._~,,..'" "~,",-._ _,~_.,~.."_"_,,,,,_c,~',",~.~_',_ ~/'C Ie Q( P/"cuotasi{E[f)A["/?J1MP "f' p!ljA/(~ I "B ( !< vVet! 5 JOHMSTON I?~ ~ D,:)/. .0 }'ff.r~.' ; \: '- .,F 1,' . I '- i J-j' c Se~ ,~., ''1 0 "~ r I. /1 0 ;, I " [; j....? :~-'i~ f'..j , f\1 " '\l \" "I " , , I '" ->A I l --~~""'--'.... \ ,/ '-.t '-;:r " , ',L_. II' "') on , .' "~ - ,I t_ ~- 0, ! ,"I 'i 'j ~.+ .. ..:~ rJ N} /" ~~, :t ..-:r: Cc-._.~t -"~-",, ~ <"'I "", I , , i f i i ~)O--"" I,} i~ ! 1f'I , F) \, .----- "7r -fU , ! " . Iv ,jf I .L--__r )'" l' l:i..!;i j '\ +:; "~ \), ~,., ,tv" J ['" /;,,; ,.. ~'g W1J y;,?J-- li ~."~~t "=---T I "! L --~'--~,-~ 1-1 "U ~ i~ s ..... -~.... >,,"-, , 1, -~:i , .-, ~ i i~ .!. ...... ,. 'to / ~ 'i "./':>.) :5 I", " ~~ )- DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JA VITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 .' 11 G February 15, 2002 ?'EPLY TO ATTENTION OF: Eastern Permits Section SUBJECT: Department of the' Army Permit No. 2001-01560 E. Brownell and Karen Brekke Johnston 4001 Wells Road peconic, New York 11958 Dear Mr. and Mrs. Johnston: We have completed our review of Application Number 2001- 01560-L2. Pursuant (33 USC 403), Army: to Section 10 of the Rivers and Harbors Act of 1899 you are hereby authorized by the Secretary of the ACTIVITY: Construct a 3 foot by 52 foot fixed timber pier, a 2.5 foot by 12 foot hinged ramp, and a 6 foot by 20 foot float secured by two pilings. All work shall be performed in accordance with the attached drawings and Special Conditions A and E, which are hereby made part of this permit. WATERWAY: Richmond Creek, Little Peconic Bay LOCATION: peconic, Town of Southold, Suffolk County, NY The activity authorized herein must be completed within three years of the date of this permit. This authorization is subject to the enclosed conditions. Please find enclosed two forms to be used to submit to this office, as required, the dates of commencement and completion for the authorized activity. Also enclosed for your information is a Notification of Administrative Appeal Options. The authorized activity must be performed in accordance with the enclosed plans. If any material changes in the location or plans of the subject work are found necessary, revised plans should be submitted to the District Engineer. These plans must receive the approval required by law before work begins. Notice is hereby given that the permittee should recognize that a possibility exists that the structures permitted herein may be subject to wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structures permitted herein and the safety of boats moored thereto from damage by wavewash and the permittee shall not hold the United States liable for any such damage. If any questions should arise concerning this matter, please contact Denise Butts, of my staff, at (212) 264-3913. Sincerely, '\ -, . ) 0, [v,,-_"'l- ..J...,__._ ,'.IPGI' 2.L.1_ ~~.l :'If 0:2: Vj~ Enclosures John B. O'Dowd Colonel, U.S. Army District Engineer U.S. Postal Service Delivery Confirmation Receipt ~~l\ 1q~ ..' Postage and Delivery Confinnation f~es ffil.l')t be paid before mailing. Article Sent To: (to be c~II1Pletedby mailer) .1fJ--,!;;-,y (M.O .- \1 i\ 'q<?,'-f ) . .fc:\,)<i\i'- P\...:7_ { Vu 1'01 \,-,{ I 07-7 ~- - d Or 0 POSTAL CUSTOMER: Keep this receipt For inquiries: Access Internet web site at W'NW.usps.com orca/I 1-800-222-1811 Oy\ '\ / PS Form 152,March 1999 CHECK ONE (pOSTAL USE ONLY) D Priority Mail D Standard Mail (8) (See Reverse) 2