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HomeMy WebLinkAboutTR-6850 BOARD OF SOUTHOLD TRUSTEES ISSUED TO: WILLIAM. GA~A~// PROP aTY AOO~SS. ~L~ILL~UE~ISHERS ISLAND SCTM 9-3-5 iZATiON 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 April 16, 2008, and in consideration of application fee in the sum of $250.00 paid by William Gaillard 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 construct a 6'x20' timber and pile supported pier extension and an 8'x20' float with associated restraint piles, hinged ramp and maintain the one existing tie-off pile all waterward of the apparent high water line, with the condition that the ramp and float are seasonal to be removed no later than December 1st and installed no earlier than April 1st of each year, the installation of a 15' non-turf buffer from top of bank, move the float in 10', and as depicted on the site plan prepared by Docko, Inc., last dated April 28, 2008, and received on May 8, 2008. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, 9nd these presents to be subscribed by a majority of the said Board as of this date. r ookO Ina. Serving the waterfront communi~, since1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, emaih docko@snet.net ' '~'~ ' " April 27 ,~ ~:' "- ,2010 Ms. Karen Graulich, Regional Manager NYSDEC - Region 1 g/~ - 3 20~D ' Building 40, SUNY 50 Circle Road -' ~"'~' ~' Stony Brook, NY 11790-2356 _ Re: Galliard Property, Fishers Island Permit No. 1-4738-00477/00003 Dear Ms. Graulich: Thank you for your email dated February 23, 2010. Mr. Galliard has agreed to transform the deck section between the apparent high and low water to open, plastic grating. Attached is a copy ora catalog spec sheet for "Thru-Flow" grating, which has been used extensively on the walkway system through the wetlands on Fishers Island as well as some docks rebuilt in the past few years. As a result of transitioning to this open-grate decking, it will be necessary to rebuild the framing of the pier to accommodate the molded pre-set screw attachment points. In view of the age of the structure, we have modified the permit application documents to reflect pier repair or reconstruction as a part of the project. This work will be in addition to the proposed extension and the float addition originally the subject of this application. I trust that you will find this grating acceptable. Your assistance has been greatly appreciated. I look forward to receipt of the permit for the Galliard family. KBN:hv Enclosure cc: Town of Southold:Doherty NYS DEC: Penski Mr. Galliard File: 07-07-1965 Yours truly, Docko, !nc. Keith B. Neilson, P.E Quick Reference Specifications Chart Colors Available i ThruF]°w~ ThruFl°wT~ I ThruFI°wT~ 36" 48" .J. 60" Creator Light Grey, Maple Size (inch) (LxWxH) 12 × 36 x 1.2 12 x 48 x 1 2 12 x 60 x 1 2 (mm) (LxWxH) 305x914x30 305 x 1219 x30 305x 1524 x 30 Modulus of Rupture (psi) 7,830 7,920 9,190 ASTM D6109 ( MPa ) 53.99 54.61 63,36 Concentrated Point Load ( Ibf ) Australian Standard AS/NZS 11701:2002 ( kN ) 473 2.10 Page t of 2 Quick Reference Specifications Chart Colors Available Notched Izod Impact ( ft-lb/in ) ASTM D256 Ambient 23°C (73°F) ( Jim ) Coefficient of Friction static ASTM D2394 kinetic Wet Pendulum Slip Resistance AS/NZS 4586:2004 Cream, Light Grey, Maple 2.62 140 078 0.76 80 - Classification V Page 2 of 2 Fage t ol 1 http://thr u flow.com/photogaller>./images/Pic62.j pg 4/27/2010 Oockoj I~'~C. Servingthewate~l~rontcomrnunitysince1987 RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, emaih permits@docko.com December 9, 2010 Mr. Matthew Penski NYS DEC Environmental Permits Building 40, SUNY Stony Brook, NY 11790-2356 Re: William Gaillard Application: 1-4738-00477/000 Dear Mr. Penski: Following up on our most recent conversations regarding the Galliard project on Fisher's Island, I have been authorized to make the revisions in accordance with the attached application drawings for your consideration. To briefly review our past correspondence on this file, we were advised by the Marine Habitat Protection Bureau, Ms. Karen Graulich, that the only way the 6-foot wide pier could be retained at this site would be to use grate-type decking over the wetlands vegetation and upper inter-tidal zone. In order to provide proper framing for this 45-year old pier, it might as well be re-built. As you will se,e from the attached revised application drawings, the entire pier will be rebuilt in order to accommodate this grate-type decking over the tidal wetlands vegetation. We respectfully request that the project description be changed to read as follows: "Reconstruct an existing 6-ft. wide x 43 (+/-) LF pile supported pier of which 20 (+/-) LF will have grate decking. Construct a new 10-ft. x 6-ft wide pile supported timber pier extension with electric and water utilities, a davit and a ladder. Install a new' 8-ft. x 20-ft. float with associated tie-off and restraint piles, a hinged ran~p and ladder, all at or waterward of the apparent high water line." In addition, during more recent conversations with other staff members in your office, it appears that we, in deference the Town of Southold, kept the floating dock in more shallow water than was necessary or desirable, based on NYS DEC permitting standards. Accordingly, the floating dock has been reconfigured to be a straight out extension of the pier and now will provide boating access where the motor or drive system for the boat will be in approximately three to four feet of water depth. Mr. Matthew Penski NYS DEC Application No. 1-4738-00477/000 December 9, 2010 Once this application has been approved by your office in this format, we will go back to the Town and the US Army Corps of Engineers to obtain revisions to the previously authorized configuration. I appreciate your patience in allowing us to resolve these discrepancies with the other agencies and look forward to your issuance of the requested permits. Please give me a call as soon as you have had a chance to review these and let me know if you would like to discuss them further. Yours truly, DOCKO, 1NC. Keith B. Neilson, P.E. KBN~m Attachments CC: Mr. William Gaillard US ACOE: Spitz Town oF Southold: Doherty File: 07-07-1965 GAILLARD WOW the new place is I love the sky lights. ¥ h r u FI 0 w Interlocking Panels offer a number of advantages to traditional decking for docks, decks, patios and walkways. Allows Sunlight, Water and Debris Through Easy to Assemble 360 Degree Non-Slip Surface No Fabrication Environmentally Friendly ADA Compliant Available in 3' x 1 ', 4' x 1' and 5' x 1' Panels Superior Load Bearing Capability Strong, Durable and Lightweight Helps Minimize Storm Surge and Wave Effects No Maintenance Interlocking Tabs for Easy Installation ACOE Approved Over Seagrass With so many applications and product advantages, ThruFlow panels truly are the complete flooring system for virtually any indoor or outdoor structure. Available at BB&S Lumber NorUq K~ngston, R~ 02852 (4(31) 295.3200 www.bbslumber.com ~-~--~_~n t~erlocking Panels To find out more visit www~thruflow, com or call 1-88-THRUFLOW (I-888-478-3569) for more information. ' t NCTFF-.~: 1. ~LEVATION DATUM IS P1EAN LOW WATEr, 2, "RDE DATA I¢ TA, t~N P'I2~M 200'7 NOAA "f~DE TABLB.S EEL Cx~VE F[¢HEI~'¢ [¢LAND, NEW 3. PI2.0JECT DECKINg, CON~U~ A N~ 10-~ X ~ ~DE PI~ AND WA~R ~IL~E¢, A OAMT ~O A WA~ OF THE ~ H ~H WA~ LINB, BOATINg. COMPI~ON OF 9U~5 FO~ E~NME~ CDN~U~ION CO~ DOCUMENT~, 6, ~JOIN~NG P~ ~NE~: SOUTH: P~ ~L~ A~: B~P~NE T~U~T CO. C~OTON ON TH~ HU~ON, ~ 10~20 ~U~ HOCKE~IN, DE 1~ DE~C~i~ION and lPROJECT: 'L DOOK MODFCATON~ I OVE ¢----.*:~LL /::~L_A/'-./ DOC/< LOCATION: FiSHEI2.~ I~L.~,ND, TO'vVN OF SOUTHOLD SUFFOLK COUN'D'", N~ YO~k: WA%~Av. DATE: A~L ~ENT SHEE-~ 1 ©= ~ Z~O~O, INC. N BOULDER ~ PiLE - TO R~MAiN PIER EXT~NSION~ · SUPPORTED ~ER -1.8 .~pA, k~'INA AbTERNIFLORA AI21::'I2-OXJMATE LIM T ~ and BOULDEP*~ r 5P/NL~NA ALTERN FLOI2~, ~0 ¢~ED~E OF BRUSH 2'7 MAPLE ~-LED~E EXISTING DENSE -BAYE, EPJ~' end POL~ON ~ NON-TURF B L/FP-'ER ~LO~N~ ~PART NA LAWN PILE ~ROJEC'T: ~'% 2~-'MAPLE ; // suR'V~'Y by JAME..~ BE~i',t~O LAND SUk-:~ZE¥1N.~ LLC LOCATION: SUFFOLK COUNT'(',, N~V YORF-. DAT~: APRJL 27, ~.0!O DOCI~O, lNG. N wktf't ~PAk~NA A,..'r~RNIFbORA L2 RO~K.~ and E, OULD~.~ N~-'~V 3.5 2( lg' 5PA,~T1NA N~-'W' DAVIT ,cz::::'L--A/~ V/~'W FLOAT ~-OC $ DAV'i? BUFFER POI,5ON IVY AND 5P,~NA PA'T~N~ ~PAk~qNA ALTERNIFLO~ BAY~,ERRY NON-TURF BURVEY b~ J,~l~.~ E~E~Nd¢~O ~.AND ~U~V?ClN® LLC DOG/<, i"IO~IFICA TION¢ LOCATION: FI~HEI~ iBL.AND - TOWN ot BOUTHOL~ ~U~FOLF. CC)UN'r'''', NEW YO~K C)O ¢ kc.O, IN~. EX~TIN~ TIE--0FF PILE TO 12.EMA~N NOT~ ~,ACdp AND FLOAT ~2,~ ¢'~,AJ NT RL.E~ NOT ~HCrvVN IN THI5 MEW COMPONENT¢ ~=' t'~/.l::~ VI ~xv%/ I I I NOTE GI2.ATE DECKING TO BE ' 'TH~U FLOVV ' EX~STING DE-OFF PiLE TO DEMAIN~ ~U~T¢I~ TOP'L, z II ~O~IL~ I I I I NON-TURF V~OTH VA~IE~ 10' ~E~ ~ ~NON-~RF~ TO~ TO TOP LOCATION: FISHE~,~ I~LCNND - TO'vVN of' ¢OUTHOLZ:) 9U=FOLK COUN'r'''', NEVV Vv(ATE~'vVA¥: THAMES ~IV~ DATE: AP~JL ~P~LICANT: AGEN-: ~HEET ~OC~O, INC. 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 st 1 day of construction k/~ constructed roject complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6850 DATE: APR/L 16~ 2008 ISSUED TO: WILLIAM GAILLARD PROPERTY ADDRESS: BELL HILL AVENUE~ FISHERS ISLAND SCTM# 9-3-5 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 April 16, 2008~ and in consideration of application fee in the sum of $250.00 paid by William Gaillard 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 construct a 6'x20' timber and pile supported pier extension and an 8'x20' float with associated restraint piles, hinged ramp and maintain the one existing tie-off pile all waterward of the apparent high water line, with the condition that the ramp and float are seasonal to be removed no later than December 1st and installed no earlier than April 1st of each year, the installation of a 15' non-turf buffer from top of bank, move the float in 10', and as depicted on the site plan prepared by Docko, Inc., last dated April 28, 2008, and received on May 8, 2008. 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. TERMS AND CONDITIONS The Permittee William Gaillard, residing at 17 Meeting House Road, Greenwich, CT 06831 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 th is 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 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 April 16, 2008 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Keith B. Neilson, PE Docko, Inc. P.O. Box 421 Mystic, CT 06355 RE: WILLIAM GAILLARD BELL HILL AVENUE, FISHERS ISLAND SCTM# 9-3-5 Dear Mr. Neilson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 16, 2008 regarding the above matter: WHEREAS, Docko, Inc. on behalf of WILLIAM GAILLARD 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 February 21, 2008, 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 April 16, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the 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 WILLIAM GAILLARD to construct a 6'x20' timber and pile supported pier extension and an 8'x20' float with associated restraint piles, hinged ramp and maintain the one existing tie-off pile all waterward of the apparent high water line, with the condition that the ramp and float are seasonal to be removed no later than December 1st and installed no earlier than April 1st of each year, the installation of a 15' non-turf buffer from top of bank, move the float in 10', and as depicted on the site plan prepared by Docko, Inc., last dated April 28, 2008, and received on May 8, 2008. 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, James F. King 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 Please be advised that your application dated ~C-¢_io f~rul ~ ]/~ ~ ~as been reviewed bythis Board atthe regular meeting of ~ i I~/ ~ and your application has been approved pending the completion of the following items checked off below. ~ Revised Plans for proposed project ¢~+~ ¢l~r~~u~ ~ ~re-uons[rucuon Hay uale Line inspection bee ($50.00)~ __ 1st Day of Construction ($50.00) __ ~ Constructed ($50.00) ~inal Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. fl.) 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 fodh in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessaw. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ .~.,2 o_~ ¢ BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: WILLIAM GAILLARD requests a Wetland Permit to construct a 6'X 20' timber and pile supported pier extension and an 8'X 20' float with associated restraint piles, hinged ramp and one tie-off pile all waterward of the apparent high water line. Located: Bell Hill Ave., Fishers Island. SCTM#9-3-5 Type of area to be impacted: ~- Saltwater Wetland Freshwater Wetland __Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: v/Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: D.King ~'.Doherty__'-/PP.Dickerson ~'~D. Bergen__ B.Ghosio, H. Cusack D. Dzenkowski ,.Mglark Terry__other Form filled out in the field by ~1. ~//~ [~ 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 Wed., March 12, 2008, the following recommendation was made: WILLIAM GAILLARD to construct a 6'X 20' timber and pile supported pier extension and an 8'X 20' float with associated restraint piles, hinged ramp and one tie-off pile all waterward of the apparent high water line. Located: Bell Hill Ave., Fishers Island. SCTM#9-3-5 The CAC did not make an inspection, therefore no recommendation was made. WILLIAM GAILLARD PHOTOGRAPHS ABOVE: THIS PHOTOGRAPH SHOWS THE GAILLAR1) DOCK FROM ABOUT 200 FEE OFF-SHORE LOOKING TO THE EAST. MOST NOTABLE ARE THE TRANSITION SECTION OF THE PIER FROM THE STAIRWAY DOW~N TO THE LEVEL MAIN WAL1CWAY AT ABOUT A DECK ELEVATION OF 5 FEET ABOVE MEAN LOW WATER. THE PIER EXTENSION WILL BE OF THE SAME WIDTH AND ELEVATION, EXTENDING APPROXIMATELY 20 FEET OUT INTO THE WATERS OF HAY HARBOR. (TO THE LEFT) WILLIAM GAILLARD PHOTOGRAPHS ABOVE: THIS PHOTOGRAPH SHOWS THE GAILLARD'S PIER LOOKING TO THE SOUTH ! SOUTHEAST FROM THE EXISTING TIE-OFF PILE APPROXIMATELY 100 FEET OFF SHORE. WILLIAM GAILLARD PHOTOGRAPHS ABOVE: THIS PHOTOGRAPH SHOWS THE EXISTING PIER WHICH FACES NORTHWESTERLY INTO HAY HARBOR. THE 1NTER TIDAL ZONE AND SHALLOW SUB TIDAL ZONE OF HAY HARBOR IMMEDIATELY ADJACENT TO THE PIER AND THE BOULDER ON THE NORTH SIDE OF THE PIER, ARE CLEARLY E¥IDENT. THE WATER DEPTHS AT THE END OF THE PIER ARE LESS THAN 2 FEET AT LOW TIDE. THE EXTENSION AND FLOAT ADDITION ARE INTENDED TO REACH 3 TO 4 FEET OF WATER SO THAT DREDGING WiLL NOT BE NECESSARY AT THIS PIER TO MAINTAIN BOATING ACCESS AND SEDIMENT RE-SUSPENSION DUE TO PROP WASH AGITATION WILL BE MINIMIZED CONSIDERABLY. ELIOT SPITZER GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORT~S-VAZQUEZ SECRETARY OF STATE To: From: Date: Re: MEMOR_ANDUM Scott Russell, Town Supervisor John Sepenoski, Chairman, LWRP Coordinating Committee Jennifer Street, Division of Coastal Resourc~_~[9 02/27/2008 F-2008-0161 U.S. Army Corps of Engineers/District Permit Application William Gaillard: Bell Hill Avenue Construct new 6'x20' timber and pile supported pier extension, hinged ramp and 8'x20' float. Enclosed is a copy of the Federal Consistency Assessment form and permit application for the above-referenced project for your information and preliminary review. Please contact me, the DOS reviewer assigned to this project, at (518) 474-1737 (e-mail: Jennifer. Street~dos.state.nv.us) to discuss applicable LWRP policies and concerns, and any additional information which may be necessary to assist you in reviewing this project. Any comments you may have will assist the Department in reaching a decision as to the consistency of the proposed action with the approved Town of Southold LWRP. We would appreciate hearing from you on this proposed project within 30 days (by March 29, 2008). If we do not hear from you by that date, we will presume that you have no objections to the proposed project. /ils encl. Keith B. Neilson, Docko, Inc. SUPERVISOR'S OFFICE TOWN OF SOUTHOLD WWW.DOS.STATE.NY.US ' E-MAIL:INFO~DOS.STATE.NY.US FOR PERMITUnited States Army Corps of Engineers 1. Check permits applied ~ 2. Name of Applicant (Use full name) I Telephone Number (day,me) NYSDept. of EnvironmentalConservaflon WILLIAM GAILLARDI (203) 661-4716 Mailing Address [] Stream Disturbance (Bed and Banks) 17 MEETING HOUSE ROAD [] Navigable Waters (Ex(ava[on and Fi~I ] Docks. Me~ingsorPrafforms Post Offtne I State Zip Co~e (Cons~zct or Place) GREENWICH, CT 06831 ] Oam. s and Impoundment Structures 3. Taxpayer ID (if applicant is not an individual) (Construct. Recons~uct or Repair) [] TMal ~tlands 4. Applicant is a/an: (check as many as apply) [] Coastal Erosion Contr~ [] Owner [] Operator []Lessee []Municipalk'ylOovemmantalAgency [] 401WaterQualityCertification OwnerorAgent/ContactPemon [] Owne~ ~lAgent~:ontactPerson I Telephone Number (daytime) [] Pota~e~Nater Supply KEITH B. NEILSON, P.E., DOCKO, INC.I (860) 572-8939 P.O. BOX 421 (State Owned Lands Undar W~tur) SUFFOLK SouthoId, F.I. 1000 006 3 5 I Utility Easement (pipelines, conduits, BELL HILL AVENUE (203) 661-4716 [] DOCks, Moorings or Platforms Rshers Island NY 06390 I HAY HARBOR [] Fmsh~ate~We~andsPermit New London-CT-RI-NY N'rrM-E NYT~-N 4 '-kc Geo~e P.n~ C,~.m~o. CONSTRUCT A NEW 20' X 6' WIDE TIMBER AND PILE SUPPORTED PIER [] Docks(Con~ = P~.c.) EXTENSION AND INSTALL A NEW 8' X 20' FT. FLOAT WITH ASSOCIATED [] Moorings(Establish) RESTRAINT PILES AND HINGED RAMP AND ONE TIE-OFF PILE ALL WATERWARD OF THE APPARENT HIGH WATER LINE. [] Section 10 (Rivers and Haricots Act) Rec'd Coastal Resources ~beatiry Nuna~(s) FEB 2 1 2008 P,l~o ~ C,~m,.,~ ¥. .o IMMED. e~na~' ,~y ~rk ~s mrtud wit~,~t~,'m..) V. .o 1.4738-00477/00001-1, Feb. 21, 1992 '~6. Will this ProJect Reqaire Additfunal [] [] ~ Y"" US ACOE, Town of Southold RESET PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR WILLIAM GALLIARD 3.PROJECT LOCATION: FISHERS ISLAND, TOWN OF SOUTHOLD Municipality --u (Joastal c)_ 617.20 r-~ S E~I~PS°Uroe~ APPF_.D X C 2 ] 2008 STATE ENVIRONMENTAL QUAI. JTY REVIEVV SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME DOCK MODIFICATIONS SUFFOLK County 4. PRECISE LOCATION: Street Addess and Road Intemec~ions. Prominent landmarks etc -or orovide mad BELL HILL AVENUE 5. IS PROPOSED ACTION: r'-'] New [-~ Expansion ~ Modi§catioo I alteration 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCT A NEW 20' X 6' WIDE TIMBER AND PILE SUPPORTED PIER EXTENSION AND INSTALL A NEW 8' X 20' FT. FLOAT WITH ASSOCIATED RESTRAINT PILES AND HINGED RAMP AND ONE TIE-OFF PILE ALL WATERWARD OF THE APPARENT HIGH WATER LINE. 7. AMOUNT OF LAND AFFECTED: Initially 0.1 a~'es Ultimately 0.1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~Yes L..] No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) r~Residential F]lndustdal F] commercial OAgdcultum O Park / Forest / Open Space F]Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) r~Yse [~No If yes, list agency name and permit I approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r"~Yes F~No if yes. list agency name and permit / approval: 12. AS A ~.~ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Des ~1~.1 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sporlsgr/ Nar~\~ GAILM~RD Date: If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this ssssssment PART Il - IMPACT ASSESSMENT (To be completed by Lead A~lency) A. DOES ACTION EXCE-I:u ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If Yas, coordinate the review procees and use the FULL EAF. I~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. F'"I Yes I""1No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. ExJating air quality, surface or groondwater quality or quanlity, noise levels, existing [,a~c pattern, solid waste p~duction or disposal, potential for erosion, drainage or flooding problems? Explain briefly:. C2. Aesthetic, agnculturat, archaeuiu~3,~,,, !i.,tu,,~, or other natural or cultural resources, or community or ne~ghberhond chamcted? ~,ain b~efly: C3. V~ei~i;uf, or fauna, fish, shellfish or wildlife Species, a;~,,i,~aot habitats, or threatened' or endangered species? Explain briefly: C5. Growth, subsequent develo0li~=i~k, or related aCtivities likely to he induced by the proposed action? Explain briefly: C6. LL term, short term, cumulalive, or other effects not ;,~r.,,i;~ecl in C1.C57 Explein briefly: C7. Other 'mpacts ('nctud n~l chen~es ~n use of either quantity br type of energy? Explain b'iefl,/: I I , , , ,,, , D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL E. IS THERE, OR IS THERE LIKELY TO BE[ CONTROVERSY RELATED TO POTENTIAI~ ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversae~ectidenti~edab~ve~detem1inewhetheritlssubstantia~arge~imp~rtant~r~therdvisesigni~ Each effect should be assessed in connection with its (a) setlJng (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. 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 checked .vaR. ~ .~ahafl'nin~aflnq ~ .qi0. n jfi,~l n ~J~ mi I~f ~a¥~h ,=f~a fha ,nnf~rt ~11 im?=H Of~lJ~ pm,nneze~l =,'dinn orr the e. Av~nmenJaJ ch~J~ of the Check this box if you have lfientffied one or more potentially large or signlficeot adverse impacts which MAy occur. Then proceed directly to the FULl FAF and/or prepare a positive declaration. Check this box if you have determined, based on lhe infonmafion and analysis above and any supporting documentation, that the proposed ac'flor WILL NOT result in any significant edveme environmental imPacts AND provide, on attachments as neceseafy, the masons supporting thi= determination. Date T~le of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency ~ignature of Preparer (if different from responsible officer) Federal Consistency Assessment Form An applicant, seeking a permit, 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 form for any proposed activity that will occur within and/or directly affect the State's Coastal Area. This form 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 comp01eted at the time when the federal application is prepared. The Department of State will use the completed form and accompanying information in its review of the applicant's cerlJficafion of consistency. APPLICANT 1. Name: WILLIAM GAILLARD 2. Address: 17 MEETING HOUSE ROAD, GREENWICH, CT 06831 3. Telephone: Area Code { 203) 681-4716, (860) 572-8939 DOCKO, INC., A.qent B. PROPOSED ACTIVITY 1. Bdef description of activity: CONSTRUCT A NEW 20' X 6' WIDE TIMBER AND PILE SUPPORTED PIER EXTENSION AND INSTALL NEW 8' X 20' FLOAT WITH ASSOCIATED RESTRAINT PILES AND HINGED RAMP AND ONE TIE-OFF PILE ALL WATERWARD OFTHE APPARENT HIGH WATER LINE. 2. Purpose of activity: THIS IS A PRIVATE DOCK FOR RECREATIONAL BOATING, 3. Location of activity: SUFFOLK County FISHERS ISLAND, TOWN OF SOUTHOLD City, Town or Village BELL HILL AVENUE Street or Site Description 4. Type of federal permit I license required: U.S, ACOE, NYS DEC,TOWN OF SOUTHOLD 5. Federal application number, if known: P~nding 6. If a state permit / license was issued or is required for the proposed activity, identify the state agency and provide the applk.~tlv, or pul.iii ntii~be[, ifk[~owrr.. Rec'd Coastal Resources FEB 2 ] ZI)08 -1- C. COASTAL ASSESSMENT ~3~ either "YES" or "NO" for each of th~lowing questions. The numbers following each question refer '[~"the policies described in the CMP docum'lYnt (see footnote on page 2) which may be affected by the proposed activity. 1. Will the proposed activity result in any of the following: a. Large physical change to a site within the coastal area which will require the preparation of an environmental impact statement? (11, 22, 25~ 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, 35, 44) ........................................ c. Revitalization / redevelopment of a deteriorated or underutilized waterfront site? (1) ....... d. Reduction of existing or potential public access to or along coastal waters? (19; 20) ...... e. Adverse effect upon the oornrnercial or recreational use of<:oastal fish resources? (9,10)... 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) ........... h. Mining, excavation, or dredging activities, or the placement of dredged or fill material in coastal waters? (15, 35) ................................................... i. Discharge of toxics, hazardous substances or other pollutants into coastal watere?(8,15,35) j. Draining of stormwater runoff or sewer overflows into coastal waters? (33) ............. k. Transport, storage, treatment, or disposal of solid wastes or hazardous materials? (36, 39). I. Adverse effect upon land or water uses within the State's small harbors? (4) ........... YES NO X X X X X X X X X X ,X X 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) ................................. X b. Federally designated flood and / or state designated erosion hazard area? (11, 12, 17) .... X c. State designated significant fish and I or wildlife habitat? (7) ................ : ........ d. State designated significant scenic resoume or area? (26) ........................... e. State designated important agricultural lands? (26) ................................ f. Beach, dune or barrier island? (12) ............................................. -- g. Major ports of Albany, Buffalo, O§de,sburg, Oswego or New York? (3) ................ h. State, country, or local park? (19, 20) ........................................... i. Historic resource listad on the National or State Registe¢ of Historic Places? (23) .... X X X X X X X 3. Will the proposed activity require any of the following: a. Waterfront site? (2, 21, 22) ................................................. b. Provision of new public services or infrastructure in undeveloped o~: sparse;y populated sections of the coastal area? (5) ............................................. c. Construction or reconstruction of a flood or erosion conlrat structure? (13, 14, 16) ....... d. State water quality permit or certification? (30, 38, 40) ............................ e. State air quality permit or certification? (41, 43) ................................. X X X X X 4. Will the proposed activity occur within and I or affect an area covered by a State approved Local waterfront revitalization program? (see policies in local program document) ......... -2- D. ADDITIONAL STEPS 1. If all of the questions in Sectiofl C are answered ~NO", tflen the applicant or' agency shatf co,,;p;~ S~ E a.d Sub the documentation required by Section F. tf a~y of thequestinns in Section are answered ~YES", then the appticant or eger~t is advised to censutt 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. In the space provided below or 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. Follo~.qg the C,¢3m~tiCA~r O~ this ~rifl'o~ .~-~.~St'~r~ the _np~iC~_.rtt. or ~,~ncy shall complete -?,ec~Jon 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 cedil;~;ation can be made, complete this Section. "The proposed activity comp~s with New York Stata~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.' gent's Name: WILLIAM GAILLARD Address: t7 MEETING HOUSE ROAD. GREENWICH, CT 06831 Teleph0~ne: Area Code (203) 661-4716/ ~ /"~ /'~'--' F. SUBMISSION REQUIREMENTS The applicant or agent shall submit the following documents to the New York State Department of State, Division of Coastal Resources and WatenYont Revitalization, 162 Washington Avenue; Albany, NY 12231. a. Odginal signed form. b. Copy of the completed federal agency application. Other available information which would support the certification of consistency. The applicant or agent shall also submit a copy of this completed form along with his / her application to the federal agency. If there are any questions regarding the subrpission of this form, contact the Department of State at (518) 474-6000. SEE AT]ACHED NARRATIVE *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 govemment. -3- FCAF Revised 12/6/93 LOCATION t"lAI::~ N~: 1. ~A~ON DA~M ~ M~ ~. ~ ~ATA ~ T~ ~ ~ NO~ ~ T~. ~ ~TA~: ~T ~ ~D ~IL~ 3. ~J~ D~N: DOCK MODIFICAT1ON~ ' ? .-] :.] ~: · OF ~AILLA~D .'. :' .'" N/F I::'P. OPlEI;~fY OF NORTH: 1~O ~ t'lOON I~d~Y ~ CI2OTC;N ON THE HUD~:C)N, NY 10~20 ~OLm~ AT[N: 1~I2,~NE:h%VINE I'~J~T CO. ~ L..,NNC, A~TE~ PIKE .~JITE HOGKE~IN, DE 'L~707 P~vl~F_-D O4..-2~O~ T,O,~. NOTE.~ LOCATION: FI~HF-J;~ I~L~ND, TCTvVN OF .~JFFOLK (~DI. JNTY, N~¥V YOP-.K ~VATEIL~VAY: HAY ~ DATE: NOMEI~I~EI~ 1, 2~ ~1~: ~ ~L~ ~E~ 1 ~ 4 OOC O, lNG. ~ B. Nel~ ~ ~ 572 ~9~9 F~ ~ ~ I I I I I I / FL~HF-~ ~ID o TCKX/N of ~U~ COUNTY, N~-'vV g:~L-,-'a~N VIeW TO I~F-J~NN / REVI..~ED 0,4-2.8-08 T.O.~,. RAMP LENGTH ',/E.~I~'ATED BUFFER ~ ~VYAND 5UIL~/"EY by JAME..~ BE~ LANE) .SUR'vEh'IN(~ Lb5 E:~:2CK i'dODIFICATION.~ FISHERS ~SJ-AND - TOWN oF SOLtTHOLO SU~ COUNTY, NE~/YORK N~ CONDUIT CON~NUOU~~ ~', L F~A TA ~ON I I I and SU~LK ~U~, N~Y~ WILLIAM GAILLARD HAY HARBOR, FISHERS ISLAND NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION JANUARY 2, 2008, Revised February 14, 2008 GENERAL Mr. William Gaillard owns parcel 1000-009-3-5 off of Bell Hill Avenue located off the east shore of Hay Harbor on Fishers Island. The site is generally moderately sloped, sandy gravel earthen materials, vegetated with grass, brash, ground cover and trees. The frontage of the property is approximately 100 feet along Hay Harbor at the southerly end, abutted by Mr. Peter Galliard to the north and Patterson estate to the south. The waterfront eousists of a rock covered intertidal zone with tidal wetlands vegetation at the base of the tow but stccp sloped coastal bluff in the vicinity of the pier It is the Gaitlards' desire to extend their timber and pile supported pier and install a new hinged ramp to a floating dock system to reach 3 to 4 feet of water at low tide. The dock end of this new pier will match existing pier end elevation crossing over the intertidal zone at a typical height of 6 to 7 feet above the bottom sediments. The float wilt be for stability and he aligned north/south. Attached are application drawings prepared for this project. This supplemental narrative has been prepared in accordance with the requirements of Town of Southold, Ordinance No. 6, 2004, and the Waterfront Revitalization Program related to docks and shorefi'ont improvements. In addition, various coastal policies under the New York State Coastal Management Act are addressed herein for review by the New York State Department of State and Department of Environmental Conservation. DESCRIPTION OF WORK As mentioned in the introductory paragraph, this project is to construct a 20 foot fixed wood pile and timber pier extension from the end of the existing pier and along the same alignment out into Hay Harbor and install an 8 foot wide by 20 foot tong float accessed by a 20 foot hinged ramp in accordance with existing guidelines set forth in the Town of Southold ordinance No. 6, 2004. It is envisioned that this structure will be built utilizing the following general sequence and methodology. The marine contractor will arrive by water with barge-mounted crane and push boats. New piles will be driven starting 10 feet off the end of the pier and proceeding waterward at roughly 10-foot intervals for 20 feet to the waterward end of the pier. The two end piles on the existing pier will have to be replaced because of the modifications to the deck support structure and framing. In addition, a couple of the existing piles should be replaced as a matter of routine malmenance. It is anticipated that no more than four piles on the existing pier will be replaced in this process. These piles will be driven by double-acting air hammer to a bearing resistance of approximately 20 tons. This generally results in about ten feet of embedment of the pile in the bearing stratum. These piles will be 6-inch nominal tip diameter with 10 inch diameter measured three feet from the butt. After the piles are installed, split caps (also referred to as split clamps) consisting of a pair of pressure treated Southern Pine timbers raging from 3 x I0 to 4 x 12 nominal dimension, will be bolted to the piles transversely forming a pile bent. Stringers will be then laid on the split caps parallel to the length of the pier. In all likelihood, three runs of stringers will be set and will probably consist of 3 x 10 pressure-treated Southern Pine. The outer stringer on each side will be bolted or spiked to the pile to take care of any uplift forces that this pier might be exposed to. After the stringers have been connected to the piles and split caps, the decking will be installed. In accordance with Town of Southold's Ordinance No. 6, 2004, this decking will not be CCA pressure-treated Southern Pine but rather oak, cedar hardwood or plastic / composit~ such as Timber Tech or similar synthetic mat,x-iai with the-brushed side mounted up. If Timber Tech, it will be either gray, brown or natural in color. Decking will be attached to the stringers utilizing galvanized nails or stainless steel flathead square-drive wood screws about 3 inches tong and will be set with a ¼" gap between deck planks. The over-water decking will mn level at the elevation of the existing pier to clear 6 to 7 feet above the existing bottom sediments. Scc Shcct 4 of the application drawings for the pier profile. The new piles will be about 42 inches above the deck surface and have horizontal rail members mounted to them. A mil of cedar, oak, hardwood or Timber Tech material will be installed for safety between the last 2 bents. A new hinged ramp will be installed at the dockside end of the pier so us to land on the float. This can be a wood ramp, made of pressure-treated framing and posts with non- CCA wood or Timber Tech decking. If necessary, the ramp could be built of aluminum but that is not the Galltard's preference. Float restraint and tie-off piles will be stand-alone piles, un-braced, with a nominal g-inch tip and 12-inch butt diameter driven by the same equipment as the pier support piles. The existing stund-alone tie- offplle will bereplaced inthe same nravmer. Water and electricity will be mn out on the pier in the space between the stringers so that ~ckle chargers and / or bilge pumps on the boats may be powered during tie-ups. The water wilt allow boats to be rinsed off after usage.. Because the dock may be used during the hours of darkness, a power post with a low wattage internal light will be mounted to the end of the fixed pier with receptacles to provide power to the boats from extension cords. The power post will also haye coiling arms for storage~ of the electric service cord and hose between uses. This light system may be manually or radio controlled with a shut-off timer so that the lights will only be on when necessary for safety of the users. LOCAL WATERFRONT REVITALIZATION POLICIES The Town of Southold, LWRP policies that are applicable to the Cmillard dock extension are a local refinement of the Long Island Sound Regional Coastal Management Program policies that apply throughout Long Island Sound. The Galliard site is in southeasterly Hay Harbor on Fishers Island and is characterized as Developed Coast on the east shore and south shore and currently undeveloped coast or natural'coast on the west shore. The developed coast policies are applicable as follows: 2 Policy I is to foster a pattern of development that enhances community character and preserves natural resources to the maximum extent and minimizes adverse impacts on the environment, Policy 2 is to preserve historic resources, Policy 3 is to enhance and protect scenic resources and visual quality. The proposed dock extension for the Gaillard's is consistem with waterfrom development on Fishers Island and in coastal areas. The pier is made of timbers and utilizes the materials allowable under Local Law #6 and consistent with other adjacent dock facilities and characteristics for the visual and scenic considerations in the cove. The encroachment has been minimized to the maximum possible extent to be consistent with DEC policies of reaching 3 to 4 feet of water to preclude dredging and the smmture matches the existing pier profile consistent with the safe and efficient use of the waters and consistent with the tidal range of this site. Lighting will be minimal for operational safety and otherwise off, and lights will be utilized only when necessary for boating lxn-ix)s~ so that during hours of darkness there will be no adverse impact. NATURAL COAST POLICIES The Natural Coastal Policies are 4 through 8 and require consideration as follows: Policy 4 - Minimize toss of life, stmc~ and natural resources from flooding and erosion, Policy 5 - Protect and improve water quality Poli. cy 6 - Protect and restore the quality and ftmetion of the eco-system, Policy 7 - Protect and improve air quality, Policy 8 - Minimize environmental degradation primarily from solid waste and ha?ardous substances. The proposed extension for the Galliard recreational boating facility has been laid out and configured so as to be consistent with the DEC permit requirements for such structures. As such, it provides adequate height to clear envirornncn'afi resources of concern and the materials to be utilized are consistent with Town of Southold's Local Law #6 regarding environmental quality and the use of pressure-treated Southern Yellow Pine timber components in particular. There wilt be no adverse impacts on air quality as a result of this structure and the extension of the dock to 34 feet of water should minimize sediment agitation and resuspension so the water quality in Hay Harbor should be improved. PUBLIC COAST POLICIES Policy 9 sets forth a priority to provide for public access and recreational use of coastal waters, public lands and public resources of the Town. This project enlmaces aa existing recreational boating facility for the Gaillard's property while minimizing long term adverse WORKING COAST POLICIES The policies of this section relate to the following: Policy 10 - Protection of the Town's water-dependent uses and promoting new water- dependent uses in suitable locations,' Policy 11 - Promoting sustainable use of living marine resources, Policy 12 - Protect agricultural lands, Policy 13 - Promote appropriate use and development of energy and mineral resources. While most of the Working Coast Policies are not applicable to this site or this type of project, Policy 10, promoting water-dependant uses and the citing of water-dependent uses in appropriate areas is applicable and the proposed project has been laid out to make the most beneficial use of the land and locating the dock facility in the most appropriate point of the land where access down the bank and over the intertidal zone and shallow subfidal zone already exists. This is also the point on the property where the deepest water is aecossed with the least encroachment. This project has bcm laid out with specific reference and review of the Waterfront Revitali?ation Program policies and is considered to be consistent. In summary, ~ proposed dock emem~ is typical of recreational boating facilities throughout the area and all along coastal New England. The structure has been minimized in size so as to be consistent with other facilities of a similar nature and the minimum necessary components to accommodate safe and efficient boating operations f~om this site. This project does not interfere with public access or use of public trust waters and lands of the State, it does not interfere with navigation, it will not create soil or sedimentation erosion problems, it does not adversely affect environmental resources significantly. The dock extension has also been located reaching out to the deepest water in Hay Harbor at this site so that dredging will not be an issue in the future and thus further minimizing adverse environmental hnpacts such as bottom sediment resu~ponsion. More than 95% of the Gaillard's shoreline in Hay Harbor will remain in a natural state. There is no loss of valuable marine and wetland habitat and long term water quality should improve as a result of this project. Reference is made to the NYS DEC study from 2000 indicating the suitability of pressure-treated Soutbem Yellow Pine piles and super-structure components for this type of purpose. In accordance with Local Law #6, decking for the float, the pier and the ramp treads will be of woods other than Southern Yellow Pine. No natural protective features or processes will be adversely impacted as a result of the proposed docking facility. This project is consistent with zoning policies and ordinances for the Town. The dock extension will be an accessory to the Gaillard's existing home. There wilt be no development of the upland related to this dock facility that wilt create point sources of pollution or drainage. This project is considered to be providing reereafionai oppommity compatible with the natural resoume values and characteristics of. the site and adjacent properties. The floating dock is the minimal size for stability considerations especially acknowledging that the most significant waves come in to Hay Harbor from the north at high tides and yet the prevailing waves will be from the west and the floating dock is broadside to those waves. The float is suitably sized and adequate stable for a ramp tandi~ and the ramp has been made no longer than necessary to provide a safe slope at low tides. 4 REQUIREMENTS OF SECTION 97-25 OF ~ WETLANDS LAW 6, 2004 Tbe pemaec acknowledges that the validity-of this permit is subject to the approval of other governmental or municipal authorities. The permittee does, by the acceptance of this permit, assume ail responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such accepmce, the permittce also agrees to indemnify and save harmless the Town and its officers. The permittce gives consent to the Town and its officers, employees and agents to enter upon the premises whexe such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit. The permittec will notify the Trustees in writing one week prior to initiation of any and all operations. The permittee will notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance for a certificate of compliance. In response to Sub-section 2a and the General Rules for Standards of Residential and Commercial Docks, the following additional information is offered. Permits for the work are being applied for through the Town, US ACOE, NYS DEC and a coastal zone consistency determination by the NYS DOS. The new piles to be installed will be of the diameter shown in the drawings, sturdy, durable and stable materials; in all likelihood, Greenhart or CCA pressure-treated Southern Yellow Pine (SYP) piles with new split caps and braces of the same SYP materials. These members will be a minimum of 3 x 8's and more often, 3 x 10's with at least one ~" bolt per connection, and in many cases, two aA" belts per connection. This pier is a fixed, pile-supported timber structure with a float and therefore will not adversely affect the free circulation of water or reduce the effects of fluctuating water levels in Hay Harbor. In addition, the pier does not present any adverse modification of the shoreline. The pier's elevation is such that in extreme high flood tides the structure will be inundated. The structure's SYP timber materials are specifically grown for this purpose and are capable of withstanding full immersion and represent the standard of the industry. With the connections desefibed above, this structure wilt be able to survi~ repeat~ immdafions mad even direct waves at high tide elevations with a structural life of 10 to 20 years. 5 The pier support will include driving new piles at 10-foot intervals to the maximum extent possible in order to obtain the desired pier alignment and support interv'als. The use of CCA pressure-treated piles and timbers can be approved for this project in accordance with Local Law 6. The pier extension and float will not be decked with CCA pressure-treated Southem Pine. This pier extension provides a safe pedestrian surface for access to the berthed boat. Rails may he installed on the pier for safety. The pier is almost centered on the property. The 15-foot clearance specified in this paragraph should not be an issue because the proposed extension does not represent a significant encroachment into the pier and boating operation area of Mr. Peter Gaillard to the north or the Patterson's to the south, nor does it project into the navigation way for other boaters in the cove. The property tine extension on the north side of the Gaittard's land diverges away fi:om the logical line of littoral development rights which is drawn based on the centerline of Hay Harbor. The float width of 8 feet is eons[tiered necessary ~nd appropriate for boating safety because of the broadside exposure to waves from the north and inherent float stability. Upon receipt of the permit for this project, appropriate permit numbers and a Town permit placard will be affixed to the most seaward face of the There are no permanent structures located above the neither pier decking nor are any planned at this time other than the power post and railing which are fixed by function. It is currently possible to provide a five-foot passage way on the upland to get around this pier and that access ability will be retained landward of the fi'inge marsh. There is room to walk under the pier at low tide; however, foot traffic in this area is rare, if at all. NEW YORK STATE COASTAL MANAGEMENT pROGRAM These application documents include a copy of the Federal Consistermy Assessment Form utilized for the New York State Coastal Management Program under the jurisdiction of the New York State Department of State. The following policies have been identified as pertinent to this application and the reason for consistency associated with this project is outlined in each respective case. Policy 2 -Water Dependent uses - This project is to construct a fully functional water dependent use, a recreational boating dock facility at this site in support of recreational boating. 6 Policy 5 - Use of Existing Developed Shorefront - There is no developed shoreline on this site. The project will be to modify an existing pier and put in a floating dock to make it safe and reliably usable in most weather conditions and ail tidal conditions. Policy 7 - Significant Fish & Wildlife Habitat - Protection of significant fish and wildlife habitat has been considered in the development of this project layout. The dock to the shoreward point of beginning wilt be over vegetated shoreline fi4_nge four feet above the rocky intertidal sediments and should not jeopardize the integrity of existing spartina fringe outcrops. Typically there is a slight environmental benefit associated with pier projects because of the creation of structure in the water column where barnacles, algae and crustaceans wilt inhabit. Policy 8 - Protection & Preservation of Habitat - Protection and preservation of habitat has also been considered in this project and the dock structure is being kept to its minlrn~l coll~garation and of matcriats consistent- with- standards of the- industry and restrictions set- fort~ in the Wetlands Law, No. 6, 2004 set forth by the Town of Southold and standards of the NYS DEC. Policy t 1 - Minimize Damage to Namrat Resources - The dock construction project has been laid out in such a way so as to minimi?e damage to natural resources as identified in Policy 7 above because this a waterward pier extension and the inclusion of the float in 3 to 4 feet of water should-redueesediment re-suspension: Policy 14 - No Measurable Increase in Flooding - This project consists of conslruction of an open wood pile and timber pier which in no way adversely affects waterflow and circulation in 0Hay Harbor or flooding potential of the area. Flood levels alt around Fishers Island are dictated by water levels in Long Island Sound, Fishers Island Sound and Block Island Sound and this structure will have no adverse influence on those levels. In fact, this project purpose is to modify the dock looafion and configuration to preclude dredging~ Policy 15 - No Dredging - Dredging is not required in this project. The floating dock system has been laid out in its current location and configuration to avoid any dredging requirements. The depth of 4 feet as generally recommended by the NYS DEC has been reached. The waters are protected enough that boats can be berthed how to the north leaving the motor out in the deeper water. The float and the how of the boat will not ground out at low tide. Policy 19 - Impact on Public Access - Public access will not be jeopardized or impeded as a result of this project. As a matter of fact, there is almost no public access usage of the public trust lands or waters at this site. The intertidal zone is significantly covered by boulders and tidal wetlands fringe marsh vegetation and the shallow sub-tidal waters do not present any opportunity or enticement for public access in the area. The pier and float occupy the landward 25% of the waterway width in accordance with US ACOE policies. Thus, public access tothe State,s lands and waters will not be adversely affected by the project. Policy 20 - Public Trust Compatibility with Existing Adjoining Properties and Land Uses- Public Trust compatibility with existing adjoining properties and land uses have also been considered in this project. Several nearby pwperties have small docking facilities similar to tiffs one and this docking facility will no~ interfere with existing or the likely configuration of future facilities on immediately adjoining properties or the logical allocation of littoral development fights. 7 Policy 21 - Water Dependent Recreation- This project is consistent with water-dependent recreational opportunities policies set forth in this section. Policy 24 -Scenic Resources, Impairment or Loss - This policy is designed to prevent impairment or loss of scenic resources. The construction of the fixed wood pile and timber pier will not represent a new encroachment or structure which would create a loss of scenic resources. The elevated inboard landing section of the pier will be largely over-shadowed by the tree growth, the spartiua fringe marsh on the site on the concave shorelands. Policy 25 - Enhance Overall Scenic Quality - The new dock structure will be consistent with the scenic quality of the area and prevent loss of scenic resources as described in Policy 24 above. Policy 44 - Preserve and Protect Tidal Wetlands - It is acknowledged that the fragmented fringe marsh of spartina altema flora along the shorefi:ont is a valuable resource. The construction 'of the fixed wood pile and timber pier extension ha~ taken advantage of the existing structure in order to avoid adverse wetlands impact. The raised height of the pier should allow opportunities for the growth of the spartina fringe marsh naturally up to, and to an extent, beneath the existing pier. SUMMARY This project pmpnses a new fixed pier and float fo~ recreatiomat boating access of property of the William Galliard family on Fishers Island. A copy of all US Army Corps of Engineers, NYS DEC and Town of Southold applications are attached as substantiation for this project. This project complies with applicable standards of the New York State Coastal Managemem Act, NYS / DEC Tidal Wetland Regulations and criteria for approval, the Town of Southold Waterfront Revitalization Program and Local O~dinanceNo. 6, 2004 and its approval is respectfully requested. Respectfully submitted, DOCKO, INC. Keith B. Neilson, P.E. 8 Docko j ll'8c. Serving the waterfront community since 1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939Fax: (860) 572-7569, email: docko@snet, net February 6, 2008 Mr. Michael Vissichelli U.S. Army Corps of Engineers Jacob Javits Federal Center, Room i937 New York, New York 10278-0090 Re: William Craillard Dock Modifications Dear Mr. Vissichelti: On behalf of our client, William Galliard we request a Department of the Army Permit for dock modifications in Hay Harbor on. Fishers Island, New York. We enclose herewith the following in support of this permit application: Two prints each of plans titled: Project: "Dock Modifications" Watenvay: Hay Harbor Location: Fishers Island, Town of Southold Suffolk County, New York Applicant: William Galliard Date: December 13, 2007 Two copies of Corps of Engineers and NYS DEC Application Forms, Location Map, Tax Assessor's Map, photographs and NYS DOS Federal Consistency Assessment Form. I trust that you will find this application package complete and acceptable; please let me know if the need for further information arises. Very truly yom,. DOC. KO, tNC. Keith B. Neilson, P.E. KBN:jm Enclosures CC: Mr. William Galliard NYS DEC: Environmental Permits Town of Southold: King File: 07-07-1965 GAILLARD FOR DEPARTMENT OF I'H~ ARMY OMB APPROVAL NO. 071( (33 CFR 325) Public reporting burden for this collection of information is ~stimated to average 5 hours per response, including the time for reviewing inatructions, searching exiatinl sources, gathering end maintaining thc data needed, and completing and reviewing the collection of information.. Send commmta regarding this burden eatimatn of a other aspect of this enlleetion of information, i aainding suggestions for redu(mg this burden, to Depmmaam of D~feax~, Washington Headquarmm S~viee Directora~ of Information (~en$ and Rel~q$, 1215 Jefferson Davis Highway, Suite 1204, A~tington, VA 222024302; end to the Office of Mar, agement and Budget, Paperwork Reduction Project (071041003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addrossus. Completed applications must I submitted to thc District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section I 0; 1413, Section 404. Principal Pta~ose: Thnse laws require permits authorizing activides in, envigabl¢ wate~ of thc United Slatas the dischat~ of clmiged or fill tatum-iai imo ~ of fu¢ Unit~l Stat~, nd the transI~tion of d~dged rent, iai for the pur0o~ of dumping it im~ ocean watw~. Routine Uses: information provided on this fo~m will be used in evaluating this application fo~ a permit. Disclosure: Disclosure of requested information is is voinnt~t~. If information is not provided, however, the permit application cannot pe proc~sse, d nor can a p~rmit be issued. Onc set of original drawings or good raproducible copins which show the location and character ofth~ prapos~d activity must be attached to this application (see sample drawings and instructions) and be submitted to thc District Engin~r having jutisdicfion of the ~ activity. An application that is not completed in full will be returned. 1. APPLICATION NO. 5. APPLICANT'S NAME WILLIAM GAIt,LARD 6. APPLICAN'PS ADDRESS 17 MEETING HOUSE ROAD GREENWICH, CT 06831 7. APPLICANTS PHONE NO'S W/AREA CODE a. Rusidence (ITEMS l THRU 4 TO BE FILLED BY THE CORPS) 2. FIELD OFFICE CODE 3. DATE RECEIVED ffEMS BELOW TO BE FILLED BY APPLICANT 8. AUTHORIZED AGENT'S NAME & TITLE DOCKO, INC. KEITH B. NEILSON, P.E. P. AGE'N3~ ADDRESS P. O. BOX 421 MYSTIC, CT 06355 10. AOENT'S PHONE NO'S W/AREA CODE s. Residence b. Business (203) 6614716 b. Business (860) 572-8939 11. STATEMENT OF AUTHORIZATION I hereby authorize, DOCKO, INC. to act in my behalf aa my agent in the processing of this application and to thmish, upon request, supplemental information~sappo_~ of th~it application. APPLICANT'S SIGNATURE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVlTY 12. PROJECT NAME OR TITLE (Sa instructions) DOCK MODIFICATIONS 4.DATE APP. COMPLETEE 13. NAME OF WATERBODY, IF IG~OW (if applicable) HAY HARBOR 14. PROJECT STREET ADDRESS (if applicable) BELL HILL AVENUE 15. LOCATION OF PROJECT SUFFOLK NY COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, I~ KNOWN, (~ inatn~atiens) SITE IS LOCATED 1N THE SOUTHEASTERN CORNER OF HAY HARBOR. LAT. 41° 15' 47" N, LONG, 72° 01' 16" W 17. DIRECTIONS TO THE SITE FROM THE FISHERS ISLAND FERRY TERMINAL, TURN LEFT ONTO WHISTLER AVENUE AND PROCEED EAST. THE ROAD BECOMES EQUESTRLAN AVENUE. TURN LEFT ONTO BELL HILL, SECOND DRIVEWAY ON THE LEFT IS GAILLARD ENG FORM 4345, Feb. EDITION OF SEP 911S OBSOLETE. (ProponenCCE 18. Nature of Activity (Description of projeot, include all featuresi CONSTRUCT A NEW 20' X 6' WIDE TIMBER AND PILE SUPPORTED PIER EXTENSION AND NEW 8' X 20' FLOAT ASSOCIATED RESTRAINT PILES AND HINGED RAMP AND ONE TIE-OFF PILE ALL WATERWARD OF THE APPARENT HIGH WATER LINE. 19. Project Propose (Describe the mason or purpose of the project, see instructions) THIS IS A PRIVATE DOCK FOE. RECREATIONAL BOATING ACCESS. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Rczson (s) for Disehargc N/A 21, Type (s) of Material l~mg Diacbev~d and the Amount of Each Ty~ in Cubic Yards N/A 22. Surface Arco in Acres of Wetlands or Other Watem Filled (sec insWaotinns) N/A 23. Is Any Portion of thc Work ~y Complete? Yes No X IF YES, DESCRIBE THE COMPLETED 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Watethody (ff mom than can be ant~red here, planse am~ch a anppiememal lisO, NORTH: PETER GA1LLARD, 1200 HALF MOON BAY DRFqE, CROTON-ON-THE-HUf~ON, NY I0520 SOUTH: ELLMORE PATTERSON, e/o BRANDYWINE TRUST CO., 7234 LANCASTER PIKE, STE 300-A, HOCKESSIN, DE 19707 25. List of Otbor Cmificatinus or Approvais/l~inals Reeeiv~ from ~ Federal, State or Loo~ Agen~ses for Work Desetthed in This Apptiantion AGENCY TYPE APPROVAL* IDENT. NOMBER DATE APPL/ED DATE APPROVED DA~E E Town of Southold Tidal Wetlands PENDING PENDING NYS DEC Tidal Wetlands PENDING PENDING warn- Quality C~rt. *Would include bm is not wsWicted ~o zo~fmg, building and flood plain pcmYa$. 26. A~ic~ionishembymadcforapan~itorIn`'tmi~t~anti~ianti~:wonkde$cribedin~itisapp~ication. locllifythattbeinfom~in.xin~a~plicotionis complcte and accuratcf/flmhgr cc~ifyjita~ possess the aotho~ty to undertake the wodc described herein or mn gcl~g as ~c duly 0mbo~zcd ~gc~t of~c applicam. WILLIAM GAILLARD KEITH B. NEILSON', P.E., DOCKO, INC. Tbe appli~rion mm[ be signcd by the p~on who desir~ to undertake ~ pmpo.~l activity (applicant) or it may be signed by a duly antheriz~l ~gont if the staleme~t in block 11 ha~ be~q filial oul and signed. '18 U.S.C. Sccfio~ 1001 provides tl,~: V~oeve~, in an? ~ witi~m th~ jurisdi~tio~ of~y del~mm~t or apmcy of thc United Slal~ knov/mgly and willfully fal~fics, corlccaL% Or covc~ up ally trick, scheme, or disculscs a matcrinl fact or makes ally falsc, fictitious or frandulant stat~lant~ or rCpl~ontations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statcmonts or entry, shall be fincd not morc than $10.000 or imprisoned not more than five yem's or both. *U.S.GPO: 1994-520-478/821 I ocko , Inc, Serving the waterfront community since 1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: docko@snet.ne~ February 6, 2008 NYS DEC Environmental Permits Building 40, SUNY Stony Brook. NY 11790-2356 Re: William Gaillard Dock Modifications To WhOm It May Concern: On behalf of our client, :William Gaillard, we request a Tidal Wetlands Permit including Water Quality Certifications, as necessaryi for dock modifications on Fishers Island, New York. We enclose the folIowing in support of this permit application: Four prints each of plans rifled: Suffolk CounW, New York Applicant: William Oaillard Date: December 13, 2007 · :- Four copies of the NYS DEC Joint Applicati0~ including the: Short Environi~ental Assessment Form, TaX AssesSOr s Map,".' Phot°graphg, Location MaP, Site Survey I trust that you will .fi!}~ .d this application package complete and acceptable; please let me know if the need for further information arises. very truly yours, D .OC)CO rsc. KBN.'jm Enclosures CC: Mr.'William Galliard US ACOE NYS DOS Town of Southold: King File: 07-07-1965 GAILLARD FOR PERMIT United States Army Corps of Engineers 1. Check bemtits applied for:. Z. Name of Applicant (Uss full name) I Telephone Number (daylJme) NYS Dept. of Environmental Conservation WILLIAM GAILLARDI (203) 661-4716 [] Stream D~sturbance (Bed and Banks) Mailing Address 17 MEETING HOUSE ROAD [] Navigable Watars (Excavatidn and Fill) [] Docks, Moorings or Platforms Post Office I State Zip Coda (Construct or Place) GREENWICH, CT 06831 ] Dams and Impoundment Structures 3. Taxpayer ID (If applicant is not an individual) (Construct, Recons~c~ or Repak) ] Freshwater V~,~tlends 4, Applicant Is a/an: (check es many as apply) [] Tidal V~tlands [] Owner [] Opem[°r [] Lessee [] Municipality / Governmental Agency ]Coastal Erosion Control ] Wild, Scenic and Recreational Rivers S. If applicant is not the owner, identify owner here - otherwise, you may provffie AgenVContact Person Informa~on. [] 401Wa/erQualityCerlification OvmerorAgent/ContactPerlon [] Owrmr [] Agent /Contact Person I Telephone Number (day,me [] Potable Waler Supply KEITH B. NEILSON, P.E., DOCKO, INC.I (860) 572-8939 ] Long INand Wells Mailing Address P.O. BOX 421 [] AquaficlnsectCor~tml MYSTIC CT 06355 (StataOwnedLandsUnderWaler) SUFFOLK Southold, F.I. 1000 006 3 5 other Real Property Interest (203) 661-4716 Utility Easement (plpalirles, conduits, BELL HILL AVENUE cables, etc.) Post Office .~a...ta ZIp¢ode 7. Nameof gtmsmor Watel~ody (onornear,miectslle [] Docks. Moorings or platforms Fishers IslandNY 06390 HAY HARBOR [] FreshwatarV~tlands Permit New London-CT-RI-NY NYTM-~ NYTM-N 4 CONSTRUCT A NEW 20' X 6' WIDE TIMBER AND PILE SUPPORTED PIER [] Docks (Construct or Piece) EXTENSION AND INSTALL A NEW 8' X 20' FT. FLOAT WITH ASSOCIATED [] Moorings(Establish) RESTRAINT PILES AND HINGED RAMP AND ONE TIE-OFF PILE ALL WATERWARD OE; THE APPARENT HIGH WATER LINE. P~ P~ co.~..~ Y., No IMMED. ex~a~liono~ why work Ms sta..a w,houtparmi~) y. .o 1.4738-00477/00001-1, Feb. 21, 1992 t6. W~ll this Pl~ject Requll~ Additional [] [] ~ Yes, US ACOE, Town of Southold Dat~ . . Signature of Applicant I ,ESE? I I~ROJECT ID NUMBER PART 1 - PROJECT INFORMATION ( To be comp~ted by A 1. APPLICANT / SPONSOR WILLIAM GALLIARD 3.PROJECT LOCATION: FISHERS ISLAND, TOWN OF SOUTHOLD Municipality STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only )licant or Project Sponsor) 2, PROJECT NAME DOCK MODIFICATIONS SEQR SUFFOLK County 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or orovide mal~ BELL HILL AVENUE 5. IS PROPOSED ACTION: [] New [~ Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCT A NEW 20' X 6' WIDE TIMBER AND PILE SUPPORTED PIER EXTENSION AND INSTALL A NEW 8' X 20' FT. FLOAT WITH ASSOCIATED RESTRAINT PILES AND HINGED RAMP AND ONE TIE-OFF PILE ALL WATERWARD OF THE APPARENT HIGH WATER LINE. 7. AMOUNT OF LAND AFFECTED: Initially 0.1 acres Ultimately 0.1 acres 8, WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? 11/'lYes L.J No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) r~'lResidendal []industrial []Commercial r-'lAgdculture []ParklForestlOpenSbece r--]Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ]Yes F'INo If yes, list name and permit I agency approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? F'lYes F'~No If yes, list agency name and permit I approval: 1~S A ~..~ULT OF PROPOSED ACTION W1LL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es ~[~J No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE / Date: If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT ~To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 if yes, coordinate the review process sod use the FULL FAF. [~Yes ~lNo B. WILL ACTION RECEIVE COORDINATED RE'VIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be supemeded by another involved agency. I-lYes C~No c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; (Answers may be haodwrttten, 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, dreinage or flooding problems? Explain briefly: C2 Aesthetic, agncultural, archaeological, h~stonc, or other natural or cultural resources, or community or neighborhood character? Exp a y C4. A communiys ex~ing plan~ or gos~ as off~ali¥ ~doptod, or a chang~ i~ ~ or in~nsit./of u~of Isnd or othsr ca.mi remur~? E~piain I~ly: C5 Growth, subsequent devek~pment, or relaled activities likely to be incluced by' t'he preposed acti0n? Explain brieltY: CO Long term, shod term, cumulative, or other effects not identified in C1-C57 Explain b~efly: !-,',- , ......................... ....... C7. Other !mDacts li~cluclin~l chan~es in use ~ith_er quantity or I ............... ii , ,1 ,11 ii, II D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL ARFA ICEAI? I~t~ exlp~a!n briee/? E. IS THERE, OR IS THERE LIKELY TO BEl CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If~es ex~riain; I-'-IYes ~"-] No PART III - DETERMINATION OF SIGNIFhT~ad~ICE (To be completed by Agency) INSTRUCTIONS: F~reachadvereee~ectidenti~edab~ve~determinewhetheritissubstantia~~~arge~imp~rtant~r~therwlaesigni~canL Each effect should be assessed in connection with its (a) setting (i.e. uWan or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessa~/, add attachments or reference supporting matedala. 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 checked ,v _~,~, ~ d~f~:til~J~l ofsJg~fic, al}~8 mttst ~v=l, ,mt~ fJ~ .nnf~ri~ia~ !m ~n~ nf the pl~.nn e~ad mn~i~q ~ the eRvJi'o~meata] Dharal:~t~rJstic~ of the CEA. Check this box if you have identified one or more potentially lacge or significant adveme impacts which MAY occuc Then proceed directly to the FULl FAF and/or prepare a positive dectaretion. Check this box if you have determined, based on the information and analysis above and any suppoding documentation, Ihat the proposed actla~ WILL NOT result in any significant adverse environmental impacls AND provide, on attachments as necessary, the reasons supporting thi: determination. Name of Lead Agency Date Title of Responsible Officer Print or Type Name of Responsible Officer in Leacl Agency Signature of Responsible Officer in Leacl Agency &ignatum of Preparer (If different from responsible olficur) rnooko, Ino, Serving the waterfront community since 1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: docko@snet, net Febma~ 6, 2008 NYS DOS Departmem of Coastal Resources 4 t State Street, 8th Floor Albany, NY 12231 Re: William Galliard, Fishers Island Dock Modifications To Whom It May Concern: On behalf of our client, we submit the attached Federal Consistency Assessment Form for dock modifications on Fishers Island, New York. We enclose herewith the following in support of this permit application: °7° Two prints each of plans titled: Proj~t: Waterway: Location: Applicant: Date: "Dock Modifications" Hay Harbor Fishers Island, Town of Southold Suffolk County, New York William Gaillard December 13, 2007 Two copies of Corps of Engineers, NYS DEC and Town of Southold Application forms, Location Map, Tax Assessor's Map and NYS DOS Coastal Management Federal Consistency Assessment Fortr~. I trust that you will fred this application package complete and acceptable: please let me know if the need for further information arises. Very truly yours, KBN:jm Enclosures CC: Mr. William Galliard NYS DEC: Regulatory Affairs US ACOE Town of Southold: King File: 07-07-t965 OAILLARD NEW YORK STATE DEPARTMENT OF STATE COASTAL MANAGEMENT PROGRAM Federal Consistency Assessment Form An applicant, seeking a permit, 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 form for any proposed activity that wi~ occur within and/or directly affect the State's Coastal Area. This fon-n is intended to assist an applicant in certi~ing 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 compOleted at the time when the federal application is prepaid. The Department of State will use the completed form and accompanying information in its review of the applicant's certification of consistency. A. APPLICANT 1. Name: WILLIAM GAILLARD 2. Address: 17 MEETING HOUSE ROAD, GREENWICH, CT 06831 3. Telephone: Area Code { 203) 681-4716, {860) 572-8939 DOCKO, INC., Aqent PROPOSED ACTIVITY 1. Brief description of activity: CONSTRUCT A NEW 20' X 6' WIDE TIMBER AND PILE SUPPORTED PIER EXTENSION AND INSTALL NEW 8' X 20' FLOAT WITH ASSOCIATED RESTRAINT PILES AND HINGED RAMP AND ONE TIE-OFF PILE ALL WATERWARD OFTHE APPARENT HIGH WATER LINE. 2. Purpose of activity: THIS IS A PRIVATE DOCK FOR RECREATIONAL BOATING, 3. Location of activity: SUFFOLK County FISHERS ISLAND, TOWN OF SOUTHOLD City, Town or Village BELL HILL AVENUE Street or Site Description 4. Type of federal permit / license required: U.S, ACOE. NYS DEC,TOWN OF SOUTHOLD 5. Federal application number, if known: P~ndin~ 6. If a state permit / iicanse was issued or is required for the proposed activity, identify the state agency and provide the apt~;i~t;o[, or p~[[~;~ number, if known: -1- ,C. COASTAL ASSESSMENT Check either "YES" or "NO" for each of the following 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. 1. Will the proposed activity result in any of the following: a. Large physical change to a site within the coastal area which will require the preparation of an environmental impact statement? (11, 22, 25, 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, 35, 44) ........................................ c. Revitalization I redevelopment of a deteriorated or underutilized waterfront site? (1) ....... d. Reduction of existing or potential public access to or along coastal waters? ( 19, 20) ...... e. Adverse effect upon the commercial or recreational use of coastal fish resources? (9,10)... 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) ........... h. Mining, excavation, or dredging activities, or the placement of dredged or fill material in coastal waters? (15, 35) ................................................... i. Discharge of toxics, hazardous substances or other pollutants into coastal waters?(8,15,35) Draining of stormwater runoff or sewer overflows into coastal waters? (33) ............. k. Transport, storage, treatment, or disposal of solid wastes or hazardous materials? (36, 39). I. Adverse effect upon land or water uses within the State's small harbors? (4) ........... YES N._.~O X X X X X X X X X X X X 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) ................................. X b. Federally designated flood and / or state designated erosion hazard area? (11, 12, 17) .... X c. State designated significant fish and / or wildlife habitat?. (7) ......................... d. State designated s'~ sceflic resource or area? (26) ........................... e. State designated important agricultural lands? (26) ................................ f. Beach, dune or barrier island? (12) ............................................. g. Major ports of Albany, Buffalo, ¢_~d,:,..:,b,Jrg, Oswego or New York? (3) ................ h. State, country, or local park? (19, 20) ........................................... i. Historic resource listed on the National or State R_,~L~ter of Hi_~to_dc Places? (23) .......... X X X X X X X 3. Will the proposed activity require 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? (5) ............................................. c. Constr~in~or _rec~_~,'~!n~ofafloodorero_~iortcontrotsLn-"~re?(13, 14, 16) ....... d. State water quality permit or certification? (30, 38, 40) ............................ e. State air quality permit or certification? (41, 43) ................................. X X X X X X Will the proposed activity occur within and / or affect an area covered by a State approved Local waterfront ravitalization program? (see policies in local program document) ......... -2- D. ADDITIONAL STEPS 1. If all of the questions in Section C are answered "NO", then the applicant or agency shall complete Section E a.G Sub the documentation required by Section F. tfany of the questions in Section a~e answered =YES", then the applicant or agent is advised to consutt 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. In the space provided below or 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 ~itten assessment, the appEcant 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." gent's WILLIAM GALLIARD. Name: Address: 17 MEETING HOUSE ROAD, GREENWICH, CT 06831 Telepho..ne: Area Cede (2.03) 661-4716/ ~*~ /"~ /,"--" , ~plic~_~Agent's Signature: ~_~ .~-~~.~J Data: ~/3//~ ~' F. SUBMISSION REQUIREMENTS The applicant or agent shall submit the following documents to the New York State Department of State, Division of Coastal Resources and WatoKTont Revitalization, 182 Washington A~enue, Albany, NY 12231. a. Original signed form. b. Copy of the completed federal agency application. c. Other available information which would support the certification of consistency. The applicant or agent shall also submit a copy of this completed form along with his I her application to the federal agency. If there are any questions regarding the submission of this form, contact the Department of State at (518) 474-6000. SEE ATTACHED NARRATIVE *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. -3- FCAF Revised 12/6193 WILLIAM GAILLARD HAY HARBOR, FISHERS ISLAND NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION JANUARY 2, 2008, Revised February 14, 2008 GENERAL Mr. William Galliard owns pamel 1000-009-3-5 offof Bell Hill Avenue located offthe east shore of Hay Harbor on Fishers Island. The site is generally moderately sloped, sandy gravel earthen materials, vegetated with grass, brash, ground cover and trees. The t~ontage of the property is approximately 100 feet along Hay Harbor at the southerly end, abutted by Mr. Peter Gaillard to the north and Patterson estate to the south. The waterfront consists of a rock covered intertidal zone with tidal wetlands vegetation at the base of the low but steep sloped coastal bluff in the vicinity of the pier It is the Gaillards' desire to extend their timber and pile supported pier and install a new hinged ramp to a floating dock system to reach 3 to 4 feet of water at low tide. The dock end of this new pier will match existing pier end elevation crossing over the intertidal zone at a typical height of 6 to 7 feet above the bottom sediments. The float will be for stability and be aligned north/south. Attached are application drawings prepared for this project. This supplemental narrative has been prepared in accordance with the requirements of Town of Southold, Ordinance No. 6, 2004, and the Waterfront Revitalization Program related to docks and shorefront improvements. In addition, various coastal policies under the New York State Coastal Management Act are addressed herein for review by the New York State Department of State and Department of Environmental Conservation. DESCRIPTION OF WORK As mentioned in the introductory paragraph, this project is to construct a 20 foot freed wood pile and timber pier extension fxom thc end of the existing pier and along the same alil0ament out into Hay Harbor and install an 8 foot wide by 20 foot long float accessed by a 20 foot hinged ramp in accordance with existing guidelines set forth in the Town of Southold ordinance No. 6, 2004. It is envisioned that this structure will be built utilizing the following general sequence and methodology. The marine contractor will arrive by water with barge-mounted crane and push boats. New piles will be driven starting 10 feet off the end of the pier and proceeding waterward at roughly 10-foot intervals for 20 feet to the waterward end of the pier. The two end piles on the existing pier will have to be replaced because of the modifications to the deck support structure and framing. In addition, a couple of the existing piles should be replaced as a matter of routine maintenance. It is anticipated that no more than four piles on the existing pier will be replaced in this process. These piles will be driven by double-acting air hammer to a bearing resistance of approximately 20 tons. This generally results in about ten feet of embedment of the pile in the bearing stratum. These piles will be 6-inch nominal tip diameter with 10 inch diameter measured three feet fxom the butt. After the piles are installed, split caps (also referred to'"~ split clamps) consisting of a pair of pressure treated Southern Pine timbers ranging from 3 x 10 to 4 x 12 nominal dimension, will be bolted to the piles transversely forming a pile bent. Stringers will be then laid on the split caps parallel to the length of the pier. In all likelihood, three runs of stringers will be set and will probably consist of 3 x 10 pressure-treated Southern Pine. The outer stringer on each side will be bolted or spiked to the pile to take care of any uplift forces that this pier might be exposed to. After the stringers have been connected to the piles and split caps, the decking will be installed. In accordance with Town of Southold's Ordinance No. 6, 2004, this decking will not be CCA pressure-treated Southern Pine but rather oak, cedar hardwood or plastic / composite such as Timber Tech or similar synthetic material with the brushed side mounted up. If Timber Tech, it will be either gray, brown or natural in color. Decking will be attached to the stringers utilizing galvanized nails or stainless steel flatbead square-drive wood screws about 3 inches long and will be set with a ¼" gap between deck planks. The over-water decking will run level at the elevation of the existing pier to clear 6 to 7 feet above the existing bottom sediments. See Sheet 4 of the application drawings for the pier profile. The new piles will be about 42 inches above the deck surface and have horizontal rail members mounted to them. A rail of cedar, oak, hardwood or Timber Tech material will be installed for safety between the last 2 bents. A new hinged ramp will be installed at the dockside end of the pier so as to land on the float. This can be a wood ramp, made of pressure-treated framing and posts with non- CCA wood or Timber Tech decking. If necessary, the ramp could be built of aluminum but that is not the Gaillard's preference. Float restraint and tie-off piles will be stand-alone piles, un-braced, with a nominal 8-inch tip and 12-inch butt diameter driven by the same equipment as the pier support piles. The existing stand-alone tie- off pile wilt be replaced in the same manner. Water and electricity will be mn out on the pier in the space between the stringers so that trickle chargers and / or bilge pumps on the boats may be powered during tie-ups. The water will allow boats to be rinsed off after usage.. Because the dock may be used during the hours of darkness, a power post with a low wattage internal light will be mounted to the end of the fixed pier with receptacles to provide power to the boats from extension cords. The power post will also have coiling arms for storage of the electric service cord and hose between uses. This light system may be manually or radio controlled with a shut-off timer so that the lights will only be on when necessary for safety of the users. LOCAL WATERFRONT REVITALIZATION POLICIES The Town of Southold, LWRP policies that are applicable to the Gaillard dock extension are a local refinement of the Long Island Sound Regional Coastal Management Program policies that apply throughout Long Island Sound. The Gaillard site is in southeasterly Hay Harbor on Fishers Island and is characterized as Developed Coast on the east shore and south shore and currently undeveloped coast or natural coast on the west shore. The developed coast policies are applicable as follows: 2 Policy 1 is to foster a pattern of development that enhances community character and preserves natural resources to the maximum extent and minimizes adverse impacts on the environment, Policy 2 is to preserve historic resoumes, Policy 3 is to enhance and protect scenic resources and visual quality. The proposed dock extension for the Gaillard's is consistent with waterfront development on Fishers Island and in coastal areas. The pier is made of timbers and utilizes the materials allowable under Local Law #6 and consistent with other adjacent dock facilities and characteristics for the visual and scenic considerations in the cove. The encroachment has been minimized to the maximum possible extent to be consistent with DEC policies of reaching 3 to 4 feet of water to preclude dredging and the structure matches the existing pier profile consistent with the safe and efficient use of the waters and consistent with the tidal range of this site. Lighting will be minimal for operational safety and otherwise off, and lights will be utilized only when necessary for boating purposes so that during hours of darkness there will be no adverse impact. NATURAL COAST POLICIES The Natural Coastal Policies are 4 through 8 and require consideration as follows: Policy 4 - Minimize loss of life, structures and natural resources from flooding and erosion, Policy 5 - Protect and improve water quality Policy 6 - Protect and restore the quality and function of the eco-system, Policy 7 - Protect and improve air quality, Policy 8 - Minimize environmental degradation primarily from solid waste and hazardous substances. The proposed extension for the Galliard recreational boating facility has been laid out and configured so as to be consistent with the DEC permit requirements for such structures. As such, it provides adequate height to clear environmental resources of concern and the materials to be utilized are consistent with Town of Southold's Local Law #6 regarding environmental quality and the use of pressure-treated Southern Yellow Pine timber components in particular. There wilt be no adverse impacts on air quality as a result of this structure and the extension oftbo dock to 34 feet of water should minimize sediment agitation and resnspension so the water quality in Hay Harbor should be improved. PUBLIC COAST POLICIES Policy 9 sets forth a priority to provide for public access and recreational use of coastal waters, public lands and public resources of the Town. This project enhances an existing recreational boating facility for the Gaillard's property while minimizing long term adverse environmental impacts and so is consistent with this policy. WORKING COAST POLICIES The policies of this section relate to the following: 3 Policy 10 - Protection of the Town's water-dependent uses and promoting new water- dependent uses in suitable locations, Policy 11 - Promoting sustainable use of living marine resources, Policy 12 -Protect agricultural lands, Policy 13 - Promote appropriate use and development of energy and mineral resoiffces. While most of the Working Coast Policies are not applicable to this site or this type of project, Policy 10, promoting water-dependent uses and the citing of water-dependent uses in appropriate areas is applicable and the proposed project has been laid out to make the most beneficial use of the land and locating the dock facility in the most appropriate point of the land where access down the bank and over the intertidal zone and shallow subtidal zone already exists. This is also the point on the property where the deepest water is accessed with the least encroachment. This project has been laid out with specific reference and review of the Waterfront Revitalization Program policies and is considered to be consistent. In summary, the proposed dock extension is typical of recreational boating facilities throughout the area and all along coastal New England. The structure has been minimized in size so as to be consistent with other facilities of a similar nature and the minimum necessary components to accommodate safe and efficient boating operations from this site. This project does not interfere with public access or use of public trust waters and lands of the State, it does not interfere with navigation, it will not create soil or sedimentation erosion problems, it does not adversely affect environmental resources significantly. The dock extension has also been located reaching out to the deepest water in Hay Harbor at this site so that dredging will not be an issue in the future and thus further minimizing adverse environmental impacts such as bottom sediment resuspension. More than 95% oftbe Gaillard's shoreline in Hay Harbor will remain in a natural state. There is no loss of valuable marne and wetland habitat and long term water quality should improve as a result of this project. Reference is made to the NYS DEC study from 2000 indicating the suitability of pressm~-treated Southern Yellow Pine piles and super-structure components for this type of purpose. In accordance with Local Law #6, decking for the float, the pier and the ramp treads will be of woods other than Southern Yellow Pine. No natural protective features or processes will be adversely impacted as a result of the proposed docking facility. This project is consistent with zoning policies and ordinances for the Town. The dock extension will be an accessory to the Gaiilard's existing home. There will be no development of the upland related to this dock facility that will create point sources of pollution or drainage. This project is considered to be providing recreational opportunity compatible with the natural resource values and characteristics of the site and adjacent properties. The floating dock is the minimal size for stability considerations especially acknowledging that the most significant waves come in to Hay Harbor from the north at high tides and yet the prevailing waves will be fi.om the west and the floating dock is broadside to those waves. The float is suitably sized and adequate stable for a ramp landing and the ramp has been made no longer than necessary to provide a safe slope at low tides. 4 REQUIREMENTS OF SECTION 97-25 OF THE WETLANDS LAW 6, 2004 The permittee acknowledges that the validity of this permit is subject to the approval of other govemmental or municipal authorities. The pennittee does, by the acceptance of this permit, assume all responsibility- for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers. The permittee gives consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit. The permittee will notify the Trustees in writing one week prior to initiation of any and all operations. The permittee will notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance for a certificate of compliance. In response to Sub-section 2a and the General Rules for Standards of Residential and Commercial Docks, the following additional information is offered. Permits for the work are being applied for through the Town, US ACOE, NYS DEC and a coastal zone consistency determination by the NYS DOS. The new piles to be installed will be of the diameter shown in the drawings, sturdy, durable and stable materials; in all likelihood, Greenhart or CCA pressure-treated Southern Yellow Pine (SYP) piles with new split caps and braces of the same SYP materials. These members will be a minimum of 3 x 8's and more often, 3 x 10's with at least one %" bolt per connection, and in many cases, two ~" bolts per connection. This pier is a fixed, pile-supported timber structure with a float and therefore will not adversely affect the free circulation of water or reduce the effects of fluctuating water levels in Hay Harbor. In addition, the pier does not present any adverse modification of the shoreline. The pier's elevation is such that in extreme high flood tides the structure will be inundated. The structure's SYP timber materials are specifically grown for this purpose and are capable of withstanding full immersion and represent the standard of the industry. With the connections described above, this structure will he able to survive repeated inundations and even direct waves at high tide elevations with a structural life of 10 to 20 years. o The pier support will include driving new piles at 10-foot intervals to the maximum extent possible in order to obtain the desired pier alignment and support intervals. The use of CCA pressure-treated piles and timbers can be approved for this project in accordance with Local Law 6. The pier extension and float will not be decked with CCA pressure-treated Southern Pine. This pier extension provides a safe pedestrian surface for access to the berthed boat. Rails may be installed on the pier for safety. The pier is almost centered on the property. The 15-foot clearance specified in this paragraph should not be an issue because the proposed extension does not represent a significant encroachment into the pier and boating operation area of Mr. Peter Gaillard to the north or the Patterson's to the south, nor does it project into the navigation way for other boaters in the cove. The property line extension on the north side of the Gaillard's land diverges away from the logical line of littoral development rights which is drawn based on the eenterline of Hay Harbor. The float width of 8 feet is considered necessary and appropriate for boating safety because of the broadside exposure to waves from the north and inherent float stability. Upon receipt of the permit for this project, appropriate permit numbers and a Town permit placard will be affixed to the most seaward face of the pier for identification from the water. There are no permanent structures located above the neither pier decking nor are any planned at this time other than the power post and railing which are fixed by function. It is currently possible to provide a five-foot passage way on the upland to get around this pier and that access ability will be retained landward of the fringe marsh. There is room to walk under the pier at low tide; however, foot traffic in this area is rare, if at all. NEW YORK STATE COASTAL MANAGEMENT pROGRAM These application documents include a copy of the Federal Consistency Assessment Form utilized for the New York State Coastal Management Program under the jurisdiction of the New York State Department of State. The following policies have been identified as pertinent to this application and the reason for consistency associated with tiffs project is outlined in each respective case. Policy 2 -Water Dependent uses - This project is to construct a fully functional water dependent use, a recreational boating dock facility at this site in support of recreational boating. 6 Policy 5 - Use of Existing Developed Shorefront - There is no developed shoreline on this site. The project will be to modify an existing pier and put in a floating dock to make it safe and reliably usable in most weather conditions and all tidal conditions. Policy 7 - Significant Fish & Wildlife Habitat - Protection of significant fish and wildlife habitat has been considered in the development of this project layout. The dock to the shoreward point of beginning will be over vegetated shoreline fringe four feet above the rocky intertidal sediments and should not jeopardize the integrity of existing spartina fringe outcrops. Typically there is a slight environmental benefit associated with pier projects because of the creation of structure in the water column where barnacles, algae and crustaceans will inhabit. Policy g - Protection & Preservation of Habitat - Protection and preservation of habitat has also been considered in this project and the dock structure is being kept to its minimal configuration and of materials consistent with standards of the industry and restrictions set forth in the Wetlands Law, No. 6, 2004 set forth by the Town of Southold and standards of the NYS DEC. Policy t t - Minimize Dama~ to Natural Resources - The dock construction project has been laid out in such a way so as to minimize damage to natural resources as identified in Policy 7 above because this a waterward pier extension and the inclusion of the float in 3 to 4 feet of water should reducesediment re-suspension; Policy 14 - No Measurable Increase in Flooding - This project consists of construction of an open wood pile and timber pier which in no way adversely affects waterfiow and cimulation in 0Hay Harbor or flooding potential of the area. Flood levels all around Fishers tstand are dictated by water levels in Long Island Sound, Fishers Island Sound and Block Island Sound and this structure will have no adverse influence on those levels. In fact, this project purpose is to modify the dock location and configuration to preclude dredging. Policy 15 - No Dredging - Dredging is not required in this project. The floating dock system has been laid out in its current location and configuration to avoid any dredging requirements. The depth of 4 feet as generally recommended by the NYS DEC has been reached. The waters are protected enough that boats can be berthed bow to the north leaving the motor out in the deeper water. The float and the bow of the boat will not ground out at low tide. Policy 19 - Impact on Public Access - Public access will not be jeopardized or impeded as a result of this project. As a matter of fact, there is almost no public access usage of the public trust lands or waters at this site. The intertidal zone is significantly covered by boulders and tidal wetlands fringe marsh vegetation and the shallow sub-tidal waters do not present any opportunity or enticement for public access in the area. The pier and float occupy the landward 25% of the waterway width in accordance with US ACOE policies. Thus, public access to the State's lands and waters will not be adversely affected by the project. Policy 20 - Public Trust Compatibility with Existing Adjoining Properties and Land Uses- Public Trust compatibility with existing adjoining properties and land uses have also been considered in this project. Several nearby properties have small docking facilities similar to this one and this docking facility will not interfere with existing or the likely configuration of future facilities on immediately adjoining properties or the logical allocation of littoral development rights. 7 Policy 21 - Water Dependent Recreation - This project is consistent with water-dependent recreational opportunities policies set forth in this section. Policy 24 -Scenic Resources, Impairment or Loss - This policy is designed to prevent impairment or loss of scenic resources. The construction of the fixed wood pile and timber pier will not represent a new encroachment or structure which would create a loss of scenic resources. The elevated inboard landing section of the pier will be largely over-shadowed by the tree growth, the spartina fringe marsh on the site on the concave shorelands. Policy 25 - Enhance Overall Scenic Quality - The new dock structure will be consistent with the scenic quality of the area and prevent loss of scenic resources as described in Policy 24 above. Policy 44 - Preserve and Protect Tidal Wetlands - It is acknowledged that the fragmented fringe marsh of spartina altema flora along the shorefront is a valuable resource. The construction of the fixed wood pile and timber pier extension has taken advantage of the existing structure in order to avoid adverse wetlands impact. The raised height of the pier should allow opportunities for the growth of the spartina fringe marsh naturally up to, and to an extent, beneath the existing pier. SUMMARY This project proposes a new fixed pier and float for recreational boating access of property of the William Gaillard family on Fishers Island. A copy of all US Army Corps of Engineers, NYS DEC and Town of Southold applications are attached as substantiation for this project. This project complies with applicable standards of the New York State Coastal Management Act, NYS / DEC Tidal Wetland Regulations and criteria for approval, the Town of Southold Waterfront Revitalization Program and Local OrdinanceNo, 6, 2004 and its approval is respectfully requested. Respectfully submitted, DOCKO, INC. Keith B. Neilson, P.E. 8 4 HR' H~BOR t TAX ASSESSOR'S MAP 1000-009, SECTION 3, LOT 5 PROJECT: WATERWAY: LOCATION: APPLICANT: DATE: "DOCK MODIFICATIONS" HAY HARBOR FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK WILLIAM GA1LLARD DECEMBER 13, 2007 COUNTY OF Property Tox Service Agency  SOUTHeCD S[CT~ 009 1000 PROJECT: WATERWAY: LOCATION: APPLICANT: DATE: LOCATION MAP "DOCK MODIFICATIONS" HAY HARBOR FISHERS ISLAND. TOWN OF SOUTHOLD SL~.~':F. OLK COUNTY, NEW YORK WILLIAM GAILLARD DECEMBER 13, 2007 23 37 Harbor Mr. Craig Spitz U.S. Army Corps of Engineers Jacob Javits Federal Center, Room 1937 New York, New York 10278-0090 Docko, Inc, Se.ing the watel~ont community since 1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: docko@snet.net ,!'~ !t;~ I~-: ' April 28,'2008 ! '~' c ?92 iRe:' Gaiilard Property, Fishers Island NAN-2008-329zESP Dear Mr. Spitz: Thank you for your letter of March 20, 2008. Earlier this month, on April 14th, we met with the Town of Southold Board of Trustees and held a public hearing on the proposed project, dock facility modifications in Hay Harbor. The project was approved that night with some stipulations which we have incorporated into our existing application drawings. In addition, we have prepared an Environmental Questionnaire for this project as you requested. We have enclosed a copy of the application narrative that was prepared for the New York State Department of State and the Town of Southold addressing the LWRP as well as Coastal Management Policies of the DOS. I hope that this additional information will help you with your review of the project. The following revisions should be noted. · The Board of Trustees wanted the overall length of the structure reduced by 10 feet. This reduction is length has been accomplished with a 4-foot reduction in the ramp and a 6-foot reduction in the pier. · The float alignment will remain the same as currently proposed. · The float will remain an 8' x 20' because of the occasional exposure of this site to waves through the mouth of Hay Harbor and prevailing waves in Hay Harbor from the southwest. · Piles will be 10-inch nominal diameter for the float restraint piles and 8-inch nominal for the pier. It is my belief that the NYS DEC will fred this project acceptable with these modifications and so we are re-submitting the revised application drawings to the DEC as well. I trust that you will find these modifications to the scope of work and dock dimensions acceptable, Please let me know if the need for further discussion arises. Your prompt review of this project and your further input has been greatly appreciated. Yours truly, DOCKO, INC. ! Keith B. Neilson, P.E. KBN:jm Attachments CC: Mr. William Gaill~rd T.O.S.: King File: 91-08-240 GAILLARD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Mark Ten'y, LWRP Coordinator Principal Planner Date: April 15, 2008 Re: Proposed Permit to Wetland Permit for WILLIAM GAILLARD S CTM# 1000 -9 -3 -5 Docko, Inc. on behalf of ~NILLIAM GAILLARD requests a Wetland Permit to construct a 6'X 20' timber and pile supported pier extension and an 8'X 20' float with associated restraint piles, hinged ramp and one tie-off pile all waterward of the apparent high water line. Located: Bell Hill Ave., Fishers Island. SCTM#9-3-5 Hay Harbor covers about 60 acres and has an average depth of 7 feet. The tidal range is about 2.5 feet. Boat access to the harbor is limited by a shallow channel and adiacent shoals and fiats. This channel has been dredged. Due to the geography of Fishers Island, the transportation of residents to and from the mainland requires a water-dependent use and structures to support such use. The term Water-dependent use means a business or other activity which can only be conducted in~ on, over~ or adiacent to a water body because such activity requires direct access to that water body, and which involves~ as an integral part of such activity~ the use of the water. Existing uses should be maintained and enhanced where possible and appropriate. 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 below Policy Standards and therefore is CONSISTENT with the LV4RP; provided that the proposed action meets sub-policies 6.3 and the best management practices outlined below. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water cimulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [11] Whether the cumulative impacts of a residential and commemial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. In the even1 that the action is approved it is recommended that the application be amended to meet the following Chapter 275 regulations. 3~ 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation o fa silt boom that will retain all suspended sediments within the immediate project area. It is recommended that the silt boom be deployed during the construction of the dock structure. [3] In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA '9, commercial copper quat (CCQ), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Similarly, the use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be determined at the discretion of the Trustees. Minimize the use of CCA treated wood in the marine waters. The above will further Policies 5 Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action Albert J. Krupski, President James King, Vice President Hem-y Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only /'-Received Application: ~ Received Fee: .. ~ Completed Application ~1~ Incomplete SEQRA Classification: Type I X Type II Unlisted Coordination: (date sent) / CAC Referral Sent: ..~Date of Inspection: ~ __ Receipt of CAC Report: ' Lead Agency Determination: Technical Review: /~ublic Hearing Held: Resolution: Name of Applicant WILLI~M GAILLARD Address 17 MEETING HOUSE ROAD, GREENWICH, CT 06831 Phone Number: Suffolk County Tax Map Number: 1000 - Property Location: BELL HILL AVENUE (203) 661-4716 009-3-5 (provide LILCO Pole ~, dSstance to cross streets, and location) AGENT: DOCKO, INC. (If applicable) Address: P. O. BOX 421, MYSTIC, CT 06355 Phone: (860) 572-8939 Fax: (860) 572-7569 Land Area Area (in square feet) GENERAL DATA : 1.3 ACRES Zoning: Previous use of property: RESIDENTIAL Intended use of property: RESIDENTIAL Prior permits / approvals for site improvements: Agency NYS DEC, 14738~0477/00001-0 February28,1995 US ACOE-92-0190-L2 M~cht7,1992 Date No prior permits / approvals for site improvements. Has any permit / approval ever been revoked or suspended governmental agency? X No Yes If yes, provide explanation: by a Project Description (use attachments if necessary): CONSTRUCT A NEW 20' EXTENSION AND NEW 8' HINGED RAMP AND ONE HIGH WATER LINE. X 6' WIDE TIMBER AND PILE SUPPORTED PIER X 20' FLOAT WITH ASSOCIATED RESTRAINT PILES, TIE-OFF PILE ALL WATERWARD OF THE APPARENT 2 Boar~ o~ Trustees ~lication WETI~a_ND / TRUSTEE I~%/~DS APPLICJ~TION DATA Purpose of the proposed operations: THIS IS A PPdVATE DOCKFOR RECREATIONAL BOATINO ACCESS. Area of wetlands on lot: Percent coverage of lot: Closest distance between edge of wetlands: 0 0.1 ACRE +/- square feet 5 (+/-) % nearest existing structure and feet Closest distance between nearest proposed structure and edge of wetlands: 0 feet upland upland Does the project involve excavation or filling: X 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: feet operations: deposited: REMAINS Proposed slope throughout the area of UNCHANGED Manner in which material will be removed or 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): NO ADVERSE IMPACT IS ANTICIPATED ON THE WETLANDS BECAUSE ALL OF THE IMPROVEMENTS ARE TO THE EXISTING STRUCTURE WATERWARD OF THE WETLANDS 3 ~ard of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: THIS SECTION NOT APPLICABLE Are wetlands present within 75 feet of the proposed activity? No Yes Does the project involve excavation or filling? No Yes If Yes, now much material will be excavated? (cubic yards) How much ~terial will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) 4 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: WILLIAM GAILLARD SCTM~1000-009-3-5 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: CONSTRUCT A NEW 20' X 6' WIDE TIMBER AND PILE SUPPORTED PIER EXTENSION AND NEW 8" X 20' FLOAT WITH ASSOCIATED RESTRAINT PILES, HINGED RAMP AND ONE TIE-OFF PILE ALL WATERWARD OF THE APPARENT HIGH WATER LINE. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 3. That the property which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765- 1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of $outhold and does not reference any other agency that might have to review same proposal. OWNERS NAME: WILLIAM GAILLARD MAILING ADDRESS:17 MEETING HOUSE ROAD GREENWICH, CT 06831 PHONE (203) 661-471 Enc.: Copy of sketch or plan showing proposal for your convenience. 5 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS STATE OF CONNECTICUT COUNTY OF NEW LONDON USE 02 "~ /07/~ DOCKO, INC. , residing at 14 HOLMES STREET, MYSTIC, CT , being duly sworn, deposes and says that on the ~ day of ~J,~V , 200~, deponent mailed a true copy of the Notice set fort~ in the Board of Trustees ~plication, 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 MYSTIC, CT , that said Notices were mailed to each of said ma' persons by (certified) (registered) ~~~ Sworn to before me this Day of ~ ~ , 20 /~z// Notary 'Pub'lic - 6 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095Route 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 .... a2_ _ ..................... COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being dul)/swom, dep~)se and say: That on the6 ? d~ay of f~.,~', 2007(I personally posted the property known as by pla~i~g the Board of Trustees official po~ter~here i[can early be seen, ~d that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hemng. Date ofhe~ing noted thereon to be held [g~oM, ~ ]q, ~ - Dated: (signature) /oT~WOm to before me this day of~00oc~ ~e~ary Public WILLLIAM GAILLARD MARCH 6, 2008 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be hel.d by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Ma~n Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: SUBJECT OF PUBLIC HEARING:'ro TIME & DATE OF PUBLIC HEARING: ~ ,.~ If you have an ~nterest m this prolect, you are Invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business da s between the hours o[8 a.m and 4 .m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 ~rd of Trustees Applicat~n County of~~ State of New--~T~rk WILLIAM GAILLARD BEING DULY SWORN DEPOSES ~uND AFFIRMS THAT HE / SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY B~ APPROVED BY THE SOUT~OLD TOWN BOARD OF TRU~T~S. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL D~MAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVE(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS DAY OF , 200 Board of Trustees ApplicatfSn (where WILLIAM GAILLARD AUTHORIZATION the applicant is not the owner) (print owner of property) FISHERS residing at (mailing address) ISLAND, NY do hereby authorize DOCKO, INC., (Agent) MYSTIC, CT to apply for permit(s) Southold Board of Town Trustees on my behalf. from the 8 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM I~. Thefull EAFis de~grmd to hetpappacants andagenctes dete~Tmqe, inan orderly rnonner, wfethe~ a project or actien rnay be significant. The question of wbether an action may be significant is not always easy to answer. Frequently, there am aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environmont or may not be technically expert in en~ronmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full FAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been ~d~ly; ~.u~iil~ ~;~i~ive i11 nature, yet ;~uxib;u enough to ~ i~b'uck~[;~.~ of ifff~.,..L~on to fit a ~ uj~.'c ec Full EAF Comp(merits: The full EAF is comprised of three parts: Pat 1: Provides objective data and information about a given project and its site. By identifTing basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. For.~ on idemJbjmxJ the range of possible ~ that rnay occur from a project or action, tt provides ~_' _-dance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identifi~ed as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: D~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 envimnmant, therefore a nagetJ~e declaration will be prepared. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been requimcl, therefore a CONDITIONED negative declaration will be prepared.* Tho project may msuit in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions WILLIAM GAILLARD DOCK MODIFICATIONS Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible o~'~er) Date Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please completa the entire form, PartsAthroughE. Answerstothesequestionswillbeconsideredaspartofthe application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expect~l that completion of the full EAF will be dependent on information currentiy available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action DOCK MODIFICATIONS Location of Action (include Street Address, Municipality and County) BELL HILL AVENUE, FISHERS ISLAND, TOWN OF SOUTHOLD, SUFFOLK COUNTY Name of Applicant/Sponsor WILLIAM GAILLARD Address 17 MEETING HOUSE ROAD City / PO GREENWICH Business Telephone (203)661-4716 Name of Owner (if different) Sta~e CT Zip Code 06831 Address City/PO Business Telephone State Zip Code Description of Action: CONSTRUCT A NEW 20' X 6' WIDE TIMBER AND PILE SUPPORTED PIER EXTENSION AND INSTALL A NEW 8' X 20' FT. FLOAT WITH ASSOCIATED RESTRAINT PILES AND HINGED RAMP AND ONE TIE-OFF PILE ALL WATERWARD OF THE APPARENT HIGH WATER LINE. Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION 1. Present Land Use: [] Urban N industrial N Commercial [] Forest N Agriculture [] Other [~ Residential (suburban) [] Rural (non-farm) Total acreage of projsct ama: !.3 acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) PRESENTLY AFTER COMPLETION 0.8 acres 0.8 acres 0.2 acres 0.2 acres acres acres 0.1 acres 0.1 acres aCI~S acres acres acres 0.2 acres 0.2 acres . acres acres 3. What is predominant soil type(s) on project site? Gravel a. Soil drainage: r~well drained 100 % of site [] Moderately well drained __% of site. N Ponrly drained % of site b. If any agricultural land is involved, how many acres of soil am classified within soil group 1 through 4 of the NYS Land Classification System? acres (see I NYCRR 370). 4. Are there bedrock outcroppings on project site? [] Yes r~l No a. What is depth to bedrock (in feat) 5. Approximate percentage of proposed project site with slopes: [~'10-10% 50% r~lo. 15% 25% r~ 15% or greater 25 % 6. Is project substantial~ontiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? [] Yes [] NO 7. Is project substantially contiguous to a site listed on the Register of NatJonal Natural Landmarks? N Yes [~No 8. What is the depth of the water table? 3.4 (in feat) 9. Is site located over a primary, principal, or sole source aquifer?. DYes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? r~No []Yes DNo Page 3 of 21 11. Does pro_iect site contain any species of piant or animal life that is ideotifmd as threatened or endangered? Accordin~l to: I Identif~ each species: I 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? [~Yes [~No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? [~Yes [~]No If ~/es, explain: 14. Does the present site include scenic views known to be important to the community?. I 15. Streams within or contiguous to project area: DYes a. Name of Stream and name of River to which it is tributa~' 16. Lakes, ponds, wetland areas within or contiguous to project area: DYes r~No r~No b. Size (in acres): Page 4 of 21 17. Is the site served by existing public utilities? [] Yes N No a. If YES, does sufficient capacity exist to allow connection? [] Yes b. If YES, will improvements be necessary to allow connection? DNo DYes []No 18. Is the site located in an egricul~ural district certified pursuant to Agriculture and Markets Law, Article 25.AA, Section 303 and 304? DYes [~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL. and 6 NYCRR 6177 [~Yes E]No 20. Has the site ever been used for the disposal of solid or hazardous wastes? B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). r~Yes [] No ].3 acres. 0.! acres ultimately. a, Total contiguous acreage owned or controlled by project sponsor: b. Project acmege to be developed: 0. ! acres initially; c. Project acreage to remain undeveloped: 1,! acres, d. Length of project, in miles: 0,05 (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. 30 % f. Number of off-street parking spaces existing 4; proposed 4 g. Maximum vehicular t~ips generated par hour: ! (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Initially Ultimately 1 i. Dimensions (in feet) of largest proposed structure: !0+/-.height; j, Linear feet of frontage along a public thoroughfare project will occupy is? How much natural material (i.e. rock, earth, etc.) will be removed from the site? Will disturbed areas be reclaimed [] Yes [] No N N/A a. If yes, for what intended purpose is the site being reclaimed? Multiple Family Condominium N/A N/A N/A N/A 6 width; 20 length. 0 tons/cubic yards. b. Will topsoil be Stockpiled for reclamation? [] Yes [] NO C. Will upper subsoil be stockpiled for reclamation? [] Yes [] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. Page 5 of 21 d. Will blasting occur during construction? ~ Yes ~=~ No Number of jobs generated: dudng construction Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project7. DYes [~No If single phase project: Anticipated period of construction: 2 months, (including demolition) If multi-phased: Total number of phases anticipated ! (number) Anticipated date of commencement phase 1: 06 month 08 year, (including demolition) Approximate completion date of final phase: 09 month 08 year. Is phase 1 functionally dependent on subsequent phases? [] Yes [] No 9. 3; after project is complete 0 10. Number of jobs eliminated by this project 0 11, Will project require relocation of any projects or facilities? [] Yes [] No If yes. explain: 12, Is surface liquid waste disposal involved? r~ Yes [] No a. If yes, indicate type of waste (sewage, industrial, e~c) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ~ Yes [] No Type 14. Will surface area of an existing water body increase or decrease by proposal?. [] Yes [] No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? [] Yes 16. Will the project generate solid waste? [~ Yes [] No E]No a. if yes, what is the amount per month? __ tons b. If yes, will an existing solid waste facility be used? [] Yes [~ No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes [~]No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? DYes r~No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is t~e anticipated site life? ~ years. 18. Will project use herbicides or pesticides? NYes r~No 19, Will project routinely produce odors (more than one hour per day)? [] Yes [] No 20. Will project produce operating noise exceeding the local ambient noise levels? []Yes DNo 21. Will project result in an increase in energy use? [] Yes [] No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity ~ gallons/minute, 23. Total anticipated water usage per day __ gallons/day. 24. Does project involve Local, State or Federal funding? [] Yes [] No If yes, explain: Page 7 of 21 25. Approvals Required: Type Submittal Date Southold Board of Trustees 2/8/08 City, Town, Village Board ~=1 Yes [] No City, Town, Village Planning Board DYes [] No City, Town Zoning Board DYes [] No city. Con y.e Dep me [] Yes [] .o Other Local Agencies DYes [] No Other Regional Agencies N Yes [] No State Agencies [] Yes N No NYS DEC 2/8/08 2/8/08 Federal Agencies [] Yes [] NO US ACOE C. Zon~ and Planni~j 1. Does proposed action involve a planning or zoning decision? []Yes If Yes, indicate decision required: r']zoning amendment D Site plan ]No r--1 zoning variance N special use permit _'.']New/revision of master plan N Resource management plan D Subdivision Page 8 of 21 2. What is the zoning classification(s) oft. he site? IRESIDENTIAL , , 3. What is the maximum potential devek)pment of the site if developed as permitted by the present zoning? RESIDENTIAL, SINGLE FAMILY, ONE UNIT PER LOT 4. What is the proposed zoning of the site? I NO CHANGE 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? RESIDENTIAL, SINGLE FAMILY, ONE UNIT PER LOT 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes ENo What am the predominant land use(s) and zoning clessif~ations within a '/4 mile radius of proposed action? THE ENTIRE AREA WITHIN 1/4 MILE OF THIS SITE IS ZONED AND DEVELOPED AS RESIDENTIAL WITH THE EXCEPTION OF THE HAY HARBOR CLUB. 8. Is the proposed action compatible with adjoining/surrounding land uses with a 'r/,~ mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? a. VVhat is the minimum lot size proposed? r~j Yes [] No Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, tim protection? DYes []No a. If yes. is existing capacity sufficient to handle projected demand? [] Yes [] No 12. Will the proposed action result in the generation of traffic significantly above present levels? a. If yes, is the existing mad network adequate to handle the additional ~]Yes [] No DYes DNo Attach an)' additional information as may be needed to clarify your project. If there are or may be any adverse impacts ass~-iat~ wk'h you~ ~-oposaf, please discuss such ~pacts and ~e measures which you propose to mitigate or avoid them. I certify that the infomtation provided above is true to the best of m~ knc'.'.~.cdeje. Applicant/Sponsor Name WILLIAM GAILLARD Signature &)~~ Date Title OWNER & APPLICANT Page 10 of 21 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 supptemem other information used by a Town of Southold agency in making a determination of consistency. *Except for minor exempt actions including Building Permits and other ministerial permits not tocated 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 significant 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-suDnortin~ 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.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's Office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 009 - 3 - 5 PROJECT NAME: WILLIAM GAILLARD The Application has been submitted to (check appropriate response): Town Board Planning Board Building Dept. Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) b) Financial assistance (e.g. grant loan subsidy) c) d) Permit, approval, license, certification: X Nature andextentofaction: Construct a new 20' x 6' wide timber and pile supported pier extension and new 8' x 20' float with associated restraint piles and hinged ramp and one tie-off pile all waterward of the apparent high water llne. Location of action: Bell Hill Avenue on Hay Harbor Site acreage: Parcel =1.3 acres, Pier less than 1/10th acre Present Land use: Residential Present Zoning Classification: Residential 2. 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: William Gaillard b) Mailing Address: 17 Meeting House Road, Crrccnwich, CT 06831 c) Telephone number: Area Code (203) 661-4716 d) Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~X No __ If yes, which state or federal Agency? US ACOE, NYS DEC C. Evaluate the project to the foHowlng policies by analyzing how the project will further support of not support the policies. Provide aH proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for 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 m - Policies; Page2 for evaluation criteria. .X Yes __ No __ Not Applicable This pier and extension and new float proiect makes appropriate use of an existing waterfront access dock system and complies with environmental design factors published by the NYS DEC, and the DOS Coastal Management Program, Southold Local Law No. 6, 2004 and the Southold LWRP. The pier will follow its existim~, .~ long-s~nndlr~,' mad match the deck elevation of the existing pier. Piles and rails wilt be 42 inches above the deck of the landing only. There will be no impairment of waterflow or navigation. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Page 3 through 6 for evaluation criteria. __ Yes No X Not Applicable 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria Yes No X Not Applicable The pie~ extension and float are typical of waterfront dock facilities in Hay Harbor a~l throughout New F~ngland. This pier is not really in the public line of site because residemial lots with long-established houses exist between the roads and the shoreline. Visual quality should not be adversely affected by these dock modifications. NATURAL COAST POLICIES Policy 4. Mi~m~eloss of life, structures, and natura4 resources from floodi~ and erosion. See LWRP Section IH - Policies Pages 8 through 16 for evaluation criteria. Yes __ No X Not Applieable This pier and the proposed float are built for inundation during flooding conditions. The piles and framing timbers are hefty ~md can typically handle elevated water levels as well as moderate wave forces. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI - Policies Pages 16 through 21 for evaluation criteria. Yes __ No X Not Applicable This,project will not have any affeet on suitability of or availability of drinking water on Fishers Island. The addition of a float accessing 3 to 4 feet of water should decrease bottom sediment re-suspension during boating and docking maneuvers thus it is anticipated that long term water quality should improve. 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 IH - Policies; Pages 22 through 32 for evaluation criteria, X Yes No __ Not Applicable 3 This project is consistent with this policy because it maintains the elevation of the pier landing at an acceptable height above the bottom sediments under which adjacent submerged aquatic vegetation may spread. In addition, the NYS DEC prepared a study showing that the proposed pressure-treated Soutbem Pine timber products construction materials are suitable for this type of project in this location, except for decking which will be of untreated woods or composite (or plastic) materials. 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 X Not Applicable There are no air n2~alltw issues related to this project. No em/ssions will be generated by the dock facility. 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 X Not Applicable There is no solid waste or hazardous substances to be generated from this project. The pressure-treated wood B'immings fi.om the pier construction will be collected and disposed of in accordance with current regulations so as to minimi?e any harmful affect. The floating dock and ramp will be built off-site and delivered on the construction barge. 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 IH - Policies; Pages 38 through 46 for evnluation criteria. __ Yes __ No X Not Applicable This project is being built on private land. The public trust lands consists of the area between the mean high water line and mean low water line and the resources are from the high tide line, out. These environmental resources ave being protected by the design standards dictated by the NYS DEC. There is virtually no pubtiv use of the waterfront in this area a~ the waterward extension of the pier and is not likely to influence or change this access or resource quality. 4 WORKING COAST POLICIES Policy 10. Protec~ Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. X Yes __ No Not Applicable This project is to extend an existing wood pile and timber pier and install a new ramp onto ancw floating dock for water-dependent, recreational boating. This usage is defined as water-dependent in the LWRP. 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. ~X Yes __ No __ Not Applicable This pier is not used for commercial fishing or shellfish industries or enterprises. There are scientific studies which have shown that piers and floats with structure spanning the water column and providing other diversity of habitat are attractive and beneficial to plant and animal communities. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section 1II - Policies; Pages 62 through 65 for evaluation criteria. __ Yes No X Not Applicable This pier is not used for ~r in support of any agricultural or aquaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section HI - Policies; pages 65 through 68 for evaluation criteria. Yes ~ No X Not Applicable This pier is not used for or in support of arty anergw or ~ mining or processing operations. PREPARED BY: Keith B. Neilson, P.E., Docko, Inc. TITLE Agent . DATE January 28, 20.08 5 Docko Inc the since 1987 Serving waterfront community RO. Box 421 Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569 email: docko@snet.net February 6, 2008 Mr. Jim King, President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: William Gaillard Dock Modifications Dear Mr. King: On behalf of our client, William Gaillard, we enclose herewith the following in support of his permit application for dock modifications in Hay Harbor on Fishers Island. Two prints each of plans titled: Project: Waterway: Location: Applicant: Date: "Dock Modifications" Hay Harbor Fishers Island, Town of Southold Suffolk County, New York William Gaillard December 13, 2007 Two copies of the Southold Board of Trustees permit application, U.S. ACOE and DEC applications, SEQR-Part 1, LWRP Consistency Assessment Form, Tax Assessor's Map, site photographs and location map. Check in the amoum of $250 payable to the Town of Southold. I trust that you will find this application package complete and acceptable; please let me know if the need for further information afises~ KBN.'jm Enclosures CC: Mr. William Gaillard US ACOE NYS DEC: Environmental Permits File: 07-07-1965 GAILLARD Very truly yours, isc. \ Keith B. Neilson, P.E.