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HomeMy WebLinkAboutTR-6927 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT, INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ½ constructed ~Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6927 DATE: JULY 23, 2008 1SSUEI) TO: BRICK COVE MARINA, 1NC. PROPERTY Al)DRESS: 1760 SAGE BOULEVARD~ SOUTHOLD SCTM# 57-1-38.3 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 July 23, 2008, and in consideration of application fee in the sum of $250.00 paid by Brick Cove Marina~ Inc. and subject to the Teru~s and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit for a ten year maintenance dredge within the existing channel (4,000 square feet) to a maximum depth of six feet (6.0') during low tide; estimated amount of spoil dredged from this area is anticipated to be a maximum of 200 cubic yards and will be placed on the eastern side of the property, with the condition that a silt boom is to be deployed during dredging, and as depicted on the site plan prepared by Suffolk Environmental Consulting, Inc., last dated September 4, 2008 and received on September 8, 2008. IN 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 Brick Cove Marina, Inc., residing at 1760 Sage Boulevard, Southold, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and alt such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 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 H~l 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 July 23, 2008 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: BRICK COVE MARINA, INC. 1760 SAGE BOULEVARD, SOUTHOLD SCTM# 57-1-38.3 Dear Mr. Anderson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, July 23, 2008 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of BRICK COVE MARINA, INC. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated June 5, 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 July 23, 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, 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of BRICK COVE MARINA, INC. for a ten year maintenance dredge within the existing channel (4,000 square feet) to a maximum depth of six feet ($.0') during Iow tide; estimated amount of spoil dredged from this area is anticipated to be a maximum of 200 cubic yards and will be placed on the eastern side of the property, with the condition that a silt boom is to be deployed during dredging, and as depicted on the site plan prepared by Suffolk Environmental Consulting, Inc., last dated September 4, 2008 and received on September 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: $50.00 Very truly yours, President, Board of Trustees JFK/eac Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Bruce Anderson, M.S., President September ~, ~oo$ Mr. James King, President Southold Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Fax: (631) 537-5291 Re: Situate: SCTM #: BRICK COVE MARINA, INC. Application 1760 Sage Boulevard; Greenport; Town of Southold, NY 1000 -- 057 -- 01 -- 058.$ Dear Mr. King, Concerning the above referenced application, please find enclosed: (1) PROPOSED MAINTENANCE DREDGING PLAN, as prepared by SUFFOLK ENVIRONMENTAL CONSUL TING, INC., last dated September ~, 2008 (two [e3 sets), indicating the requested revisions: 1) Indication of the use of a floating silt boom & staked hay bales during project implementation. Please review and issue the requested approval at your earliest opportunity. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, Matt D. Ivans enc. cc: W. Leverich 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 ~ooe~ ~ has been reviewed by this Board at the regular meeting of ~)/u and your application has been approved pending the complet~n of followipg items checked off below. ~ Revised Plans for proposed project ~ ~ ~ SrlF -~¢ __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ½ Constructed ($50.00) Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as ~et forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE:$ BY: James F. King, President Board of Trustees BRICK COVE MARINA, INC PROPOSED MAINTAINENCE DREDGING"~ ~O~.-~f,~ ~ PROJECT AREAS OF CONCERN THAT NEED TO BE EXPLORED The Plan shows that the dredging would be deposited into the area immediately to the Southwest of the dredged area, as noted on p. 1 of 3. Page 2 of 3 indicates in the "Projec~ Description" that 200 cubic yards "will be transferred to onshore trucks and removal to an approved upland location". Question: This seems to be inconsistent. Where is the approved upland location? Is this the area indicated "southwest of the dredged area"? Would the trucks go over the Southold Shores land and beach which would substantially be destroyed and is environmentally fragile and sensitive with beach grass? If so, what are the restoration plans? 2. The Plan indicates that 200 cubic yards would be removed. Question: If this is to be placed in the indicated area southwest of the dredged area, this aFea is not fully enclosed and is only bulkhead % around and any overflow would run off the back side (north) and go back into Brick Cove or flow (southwest) down onto the Southold Shores Association Beach fowling the beach. Question: The existing bnlkhcaded area currently appears to be filled up ~o the top and any additional dredging in the amount of 200 cubic yards would overflow the bulkhead or cause further deterioration of the already deteriorated bulkhead. So~ti~old Town ~o~d of Trustees 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., July 16, 2008, the following recommendation was made: Moved by James Eckert, seconded by Don Wilder, it was RESOLVED to SUPPORT the Wetland Permit application of BRICK COVE MARINA, INC. to maintenance dredge within the existing channel (4,000 sq.) to a maximum depth of six feet (6.0') during Iow tide. Estimated amount of spoil dredged from this area is anticipated to be a maximum of 200 cy. and will be transferred to onshore trucks for removal to an approved upland location. Located: 1760 Sage Blvd., Southold. SCTM#57-1-38.3 Inspected by: Don Wilder, James Eckert The CAC Supports the application with the Condition the pipes that lead into the Bay are capped off. It was also observed that the French drains and leaching field appear to be plugged and should be addressed. Vote of Council: Ayes: All Motion Carried 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/VVorksession Report Date/Time: BRICK COVE MARINA, INC. requests a Wetland Permit to maintenance dredge within the existing channel (4,000 sq.) to a maximum depth of six feet (6.0') during Iow tide. Estimated amount of spoil dredged from this area is anticipated to be a maximum of 200 cy. and will be transferred to onshore trucks for removal to an approved upland location. Located: 1760 Sage Blvd., Southold. SCTM#57- 1-38.3 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: __ Wetland __Administrative__Emergency __ __Coastal Erosion __Amendment Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: __J. King __J. Doherty __P. Dickerson __ __ D. Dzenkowski Mark Terw__other Form filled out in the field by D. Bergen__ B.Ghosio, Mailed/Faxed to: Date: Environmental Technician Review- BRICK CO VE MARINA Property Situate: Sage Boulevard; Town of Southold, New York SCTM#: 1000-057-01-058.~ (Pholo taken o, ~lqy 9,% ~-oo8) Photograph indicating the current conditions of the entrance into the inlet to Sage Basin, and the area proposed to be maintenanced dredged. Photo taken from Peconic Bay, facing northwest. BRICK CO VE MARINA Property Situate: Sage Boulevard; Town of Southold, New York SCTM#: 1000 - 057 - 01- 058.3 (Photo lal~'e~ o~t May 2,5, ~OOa') Photograph indicating the current conditions of the entrance into the inlet to Sage Basin, and the area proposed to be maintenanced dredged. Photo taken fi'om Peconic Bay, facing northwest. BRICIi CO VE MARINA Property Situate: Sage Boulevard; Town of Soothold, New York SCTM#: 10o0-057-01-0'38.~ gUBIECTt PROPERTY 057 Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 53%5291 Bruce Anderson. M.S.~ President August ~5, ~o08 Mr. James King, President Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re.- Situate: SCTM #: BRICK COVE MARINA, INC. Application 1760 Sage Boulevard; Greenport; Town of Southold, NY 1000 -0/$7 -01 -0118.11 Dear Mr. King, With respect to the above referenced application, please find enclosed: (1) PROPOSED MAINTENANCE DREDGING PLAN, as prepared by SUFFOLK ENIflRONMENTAL CONSULTING, INC., last dated August 25, 2008 (two ['2'] prints), indicating the requested revisions: l) Location of the proposed spoil site; and Indication that a siltation boom will be utilized during the dredging. CHECK made payable to the Town of Southold in the mount of $ 5o.00. Please review and issue the requested approval at your earliest opportunity. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you as always for your attention and consideration. cc: W. Leverich OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 From: Date: LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN Jim King, President Town of Southold Board of Trustees Scott Hilary, LWRP Coordinator July 16, 2008 Proposed Permit to Wetland Permit for BRICK COVE MARINA, INC. SCTM#57-1-38.3 Suffolk Environmental Consulting, Inc. on behalf of BRICK COVE MARINA, INC. requests a Wetland Permit to maintenance dredge within the existing channel (4,000 sq.) to a maximum depth of six feet (6.0') during low tide. Estimated amount of spoil dredged from this area is anticipated to be a maximum of 200 cy. and will be transferred to onshore trucks for removal to an approved upland location. Located: 1760 Sage Blvd., Southold. SCTM#57-1-38.3 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 LWRP policy standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policy 6.3~ as outlined below. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed dredging activity will require the deployment of a silt boom that will retain all suspended sediments within the water column of the immediate proiect area pursuant to ~ 275-11 Construction and operation standards and Silt Booms as defined in § 275-2. § 275-11 Construction and operation standards A. General. The fo/lowing standards are required for aH operations within the jurisdiction of the Trustees: (2) Erosion controt 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 o fa 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 of a silt boom that will retain ail suspended sediments within the immediate project area § 275-2 Definitions; word usage SlL T BOOM -A structure deployed within the water column that is designed to preventpassage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. Properly installed, silt booms completely surround the project area. Further all dredging activities must be in compliance with dredging standards pursuant § 275-11 Construction and operation standards and Maintenance Dredging as defined in § 275-2. § 275-11 Construction and operation standards C. In water. The following standards are required for all in-water operations adjacent to residential properties. Operations conducted on properties zoned MI or M2 may be given greater flexibdity in these requirements given the water-dependent nature of their use. 3) Dredging. (a) Creeks. Only maintenance dredging (us defined in § 275-2) is' permitted, unless the applicant owns underwater landor the applicant is requesting permission to dredge in connection with installation of low-sill bulkheads. All maintenance dredging permits shah be valid for a period no greater than l O years. [Amended 12-18-2007 by L.L. No. 23-2007] Dredging may be permitted when it can be demonstrated that the actions of man have resulted in impairment lo water quality or habitat value. Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata, Spartina alternijTora or Spartina patens) or seagrass (Ruppia maritia or Zostera marina) meadows is prohibited Ail dredging applications must demonstrate a specific location for the deposit of dredging material. [Added 12-18-2007 by L.L. No. 23-2007] § 275-2 Definitions; word usage MAINTENANCE DREDGING - A dredging project will be considered maintenance dredging if there is documentary evidence that it has been previously dredged. The proposed dredging activity will provide adequate navigation infrastructure to Brick Cove Marina, further advancing policy 10~ Protect Southold's water-dependent uses and promote siting of new waterdependent uses in suitable locations. The intent of policy 10 is to protect existing water-dependent commercial~ industrial~ and recreational uses and to enhance the economic viability of water-dependent uses by ensuring adequate provision of infrastructure for water-dependent uses and their efficient operation. Policy 10 Protect $outhold's water-dependent uses and promote siting of new waterdependent uses in suitable locations. 10.5 Provide sufficient infrastructure for water-dependent uses. A. Provide adequate navigation infrastructure. 1. Protect and maintain existing public and private navigation lanes and channels which provide access to the Town's water-dependent uses. 2. Maintain necessary public and private channels and basins at depths consistent with the needs of water- dependent uses. 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 John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Telephone (631) 765-1892 Fax (631) 765-1823 office Use only Coastal Erosion Permit Application X Wetland Permit Application Grandfather Permit Application R Waiver/Amendment/Changes eceived Application:  _Received Fee: $~-~_.)~ Completed Application Incomplete --SEQRA Classification: Type I 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: BRICK COVE MARINA, INC. (cio William Leverich). i dUN _ 5 Address: P.O. Box 455; Southold, NY 11971 Phone Number: ( 631 ) 477 - 0830 Suffolk County Tax Map Number: 1000-057-01-038.3 Property Location: 1760 Sage Boulevard; Southold, NY Provide LILCO Pole ~, distance to cross streets, and location) AGENT: Suffolk Environmental Consulting, Inc. Address: P.O. Box 2003 Bridgehampton, NY 11932 Phone Number: (631) 537-5160 Fax: (631) 537-5291 Board of Trustees Application Land Area(in square Area Zoning: Previous use of property: Intended use of property: GENERAL DATA feet ): 543, 150 square feet -+ N/A Commercial Marina Same as above with maintenance dredging of existing marina channel. Prior permits/approvals for site improvements: Agency Date New York State Department of State approval (No. F-87-61 ~), issued March 17, 1988. Army Corps of Engineers Permit No. 15516, issued November 1, 1989, to "Mechanically dredge, with ten years maintenance, £900 cttbic yards of material from several shoaled areas within an e:cisting boat basin, to a depth of 6 feet below mean low water...".. New York State Department of Environmental Conservation Permit No. 10-87-1618, issued November 8, 1989, to "...dredge 90' sc 900' area in entrance channel to 6' below mean low water...". Town of Southold Board of Trustees Wetlands Permit No. $88~, issued January ~5, 1990, for "Maintenance dredging...". No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X NO Yes If yes, provide explanation: Project Description (use attachments if necessary) Applicant proposes to maintenance dredge the existing channel to allow for proper navigation for boat traffic passing between Peconic Bay and Sage Basin. Applicant proposes to maintenance dredge within the existing channel (4, 000 square feet _+) to a maximum depth of six feet (6.0') during Iow tide. Estimated amount of spoil dredged from this area is anticipated to be a maximum of 200 cubic yards and will be transferred to onshore trucks for removal to an approved upland location. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Applicant proposes to maintenance dredge the existing channel to allow for proper navigation for boat traffic passing between Peconic Bay and Sage Basin. Applicant proposes to maintenance dredge within the existing channel (4, 000 square feet _+) to a maximum depth of six feet (6.0') during Iow tide. Estimated amount of spoil dredged from this area is anticipated to be a maximum of 200 cubic yards and will be transferred to onshore trucks for removal to an approved upland location. Area of wetlands on lot: 182, 952 · Percent coverage of lot: 33.7 · square feet Closest distance between nearest existing structure and upland edge of wetlands: 0.0 ±feet (existing docks, bulkhead% etc...) Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet (proposed maintenance dredging) Does the project involve excavation or filling: No X Yes If yes, how much material will be excavated? How much material will be filled? 0 Depth of which material will be removed/deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Typical clam-shell dredging (w~arge), as well as performed by hand. 2,000 ± cu. yds. cu. yds. I~a~. 6' feet N/A ± 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 impact to the tidal wetlands is anticipated in that this proposal has been routinely approved (i.e., Town of Southold Board of Trustees Wetlands Permit No. $88~, issued January ~5, 1990, for "Maintenance dredging...") and will be performed with the least amount of disturbance to the surrounding environment. Board of Trustees Application COASTAL EROSION APPLICATION DATA Purpose of Proposed Activity: Are wetlands present within 75 No Yes If Yes, how much material will be excavated? How much material will be filled? feet of the proposed activity? (cubic yards (cubic yards Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from the implementation of the project as proposed. (Use attachments if necessary) Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (63 I) 537-529 I Bruce Anderson, M.S., President July 15, 2008 James King, President Southold Town Trustees P. O. Box 1179 Southold, NY 11971 Re: Brick Cove Marina, Inc. Situate: Sage Boulevard, Southold SCTM # 1000-57-1-38.3 Dear Mr. King, Enclosed herewith please find: AFFIDAVIT OF PROOF OF MAILING; and o CERTIFIED MAIL RECEIPTS. These documents are submitted for the required public hearing to take place on July 23r~. Bruce A. Anderson Cc. W. Leverich 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 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of .... ....... COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING ~[~.~residing at being duly sworn, depose and say: SUFFOLK ENVIRONMENTAL CONSULTING, INC. BRIDGEHAMPTON, NY 11932-2003 That on the I ~'-~ay of/~C"1 ,200~, I personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public heating. Date of hearing noted thereon to be held I~ ]C}-f. _-.~(A4 ~3 . b~121')'~_ ~ . Sworn to before me this z~*'~lay of,~,..~ 2002 No ~ Matthew I). Ivaos Notary Public of New Yorl~ No. 011V6053859 Qualified in Suffolk County Commission Expires January 22, 20// PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Please refer to the aRached Addendum on the following page. STATE OF NEW YORK COUNTY OF SUFFOLK I, Diane K. Wassick , residing at Suffolk Environmental Consulting, Inc.; Newman Village; Main Street;Bridgehampton, NY, being duly sworn deposes and says that on the __ day of , 2008, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their 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 Bridgehampton, that said Notices were mailed to each of said persons by (certified) Sworn to before me this day of~20~ / / Notary Public omef~nt Requ]~oJ m ~J~AL USE (End<xserneN Resbicted De~ Fee Postmark Here Total Postage & Fees m NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: BRICK COVE MARINA, INC. (c/o William Leverich) P.O. Box 455; Southold, NY 11971 SCTM# 1000 - 057 - 01 - 038.3 YOU ARE HEREBY GIVEN NOTICE: 1. That is the intention of the undersigned to request a Permit from the Board of Trustees to: Applicant proposes to maintenance dredge the existing channel to allow for proper navigation for boat traffic passing between Peconic Bay and Sage Basin. Applicant proposes to maintenance dredge within the existing channel (4, 000 square feet +) to a maximum depth of six feet (6.0') during Iow tide. Estimated amount of spoil dredged from this area is anticipated to be a maximum of 200 cubic yards and will he transferred to onshore trucks for removal to an approved upland location. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1760 Sage Boulevard; Southold, New York (canal located between Sage Basin and Peconic Bay) 3. That the project 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 Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: BRICK COVE MARINA/INC. (c/o William Leverich) MAILING ADDRESS: P.O. Box 455~ Southold, NY 11971 PHONE % : (631) 477 - 0830 Enc.: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Please refer to the attached Addendum on the following page. STATE OF NEW YORK COUNTY OF NEW YORK I, Diane K. Wassick, residing at Suffolk Environmental Consulting, Inc.; Newman village; Main Street;Bridgeham~ton, NY, being duly sworn deposes and says that on the day of 2004, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their 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 Bridgehampton, that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of , 2008 Notary Public Board of Trustees Application County of Suffolk ) State of New York ) Diane K. Wassick 9 Suffolk Environmental Consulting, Inc. BEING DULY SWORN DEPOSES AND 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 BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES 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 BEFORE ME THIS DAY OF ~- 2003 Matthew D. Ivans Notary Public of New York No. 011V6053859 Oualified in Suffolk County Commission Expires January 22, 20// OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) STATE OF NEW YORK) COUNTY OF KINGS ) SS: William Leverich ~_being duly sworn, deposes and says; I reside at In the County of Suffolk , and the State of New York , and I am the (owner in fee) (officer of the Corporation which is owner in fee) of the premises described in the foregoing application and that I have authorized Suffolk Environmental Consulting, Inc to make the foregoing application as described herein. Signature If Corporation, name of corporation and Officers Title Officer's Title Before me, this ~eo day of ~",~_._ J ~..-, 2008 Notary Pub~e/ - Matthew D, Ivaos Notary Public of;New York No. 011V6053859 Oualified in Suffolk County Commission Expires January 22, 20/,/ 14-16-4 (9/95)-Text 12 PROJECT I.D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART 1- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. BRICK COVE MARINA Property 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmanV, s, etc. or provide map) Sage Boulevard; Town of Southold, New York (SCTM #: 1000 - 057 - 01 - 038.3) 5. IS PROPOSED ACTION: ~ New [] Expansion [] Modification/altaratio n 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to maintenance dredge the existing channel to allow for proper navigation for boat traffic passing between Peconic Bay and Sage Basin. Applicant proposes to maintenance dredge within the existing channel (4, 000 square feet +_) to a maximum depth of six feet (6.0') during Iow tide. Estimated amount of spoil dredged from this area is anticipated to be a maximum of 200 cubic yards and will be transferred to onshore trucks for removal to an approved upland location. 7. AMOUNT OF LAND EFFECTED: Initially <0.1 acres Ultimately <0.1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? []Residential E]lndustdal []Commercial [-'lAgdculture []Park/Forest/Open space []Other Commercial marina facility with surrounding private single family residences with related residential appurtenances. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes []No If yes, list agency(s) and pen~nit/approvals New York State Dept. of Environmcatal Conservation; Arm), Corps of Engineers; New York State Depattmcat of State Il. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? [] Yes [] No If yes, list agency(s) and permit/approvals 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorn~ans - Suffolk Environmental Consulting:, Inc. Date: Signature /~,.,x~' ' ~ ~ ~ June 3, 2008 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes, coordinate the review process and use the FULL EAF. [] Yes [~[ NO B. WILL ACTION RECEIVE COORDINATED REWEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If NO, a negative declaration may be supemeded by another involved agency. [] Yes [] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic paffems, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: C2. Aesthetic, agricultural, amheolagical, historical or other natural or cultural resources; or community or neighbo~ood character? Explain bhefiy: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likety to be induced by the proposed action? Explain bdefly: C6. Long term, short term, cumulative, or other effects not identified in Cl -C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL ~'IE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? QYes DNo IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If yes, explain briefly PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adveme effect identified above, deteffnine whether it is substantial, large, impodant, or otherwise significant. Each effect should be assessed in connection with its (a) se~tiag (i.e. urban or rural); (b) probability of occunieg; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessa~/, add attachments or mfamnce supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adveme impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and signirmanse must evaluate the potential impact of the proposed action on the environmental characteri~,tics of the CEA. [] Check this box if you havc identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that ~ proposed action WILL NOT result in ~ny significant advise envtronmental impacts AND provide on attachments ~s necessary, the reasons supporting this determination: Nan~ of Lead Agency Print or Type Name of Responsible Officer Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (if diftbrent From responsible officer) Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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# 057 01 038.3 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) (b) (c) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: [] [] [] Nature and extent of action: Attach additional sheets if necessary Location of action: 1760 Sage Boulevard; Town of Southold~ New York Site acreage: 12.469 + Present land use: Commercial Marina Present zoning classification: 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: BRICK COVE MARINA, INC. (c/o William Leverich} (b) Mailing address: P.O. Box 455~, Southold, New York 11971 (c) Telephone number: Area Code ( 631 ) 477 - 0830 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? NYSDEC~. NYSDoS; Army Corps DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.~, this project is a proposal to maintain the existing marina channel into Sage Basint utilized by the existing commemial marinat as well as surrounding residential waterfront properties to access Peconic Bay to the southeast. This project has been routinely approved by all regulatory agencies with jurisdiction over this project, including the Board of Trustees (please refer to the attached permit no.3882~ issued January 25~ 1990) for 'Maintenance dredging...# of this area. Accordingly~ we believe that this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subject marina cannot be deemed a substantial historic and/or archaeological resources. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this project, including the Board of Trustees (please refer to the attached permit no.3882, issued January 25, 1990) for ~Maintenance dredging...' of this area. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the proposal requests for the maintenance dredging of the existing channel. Visual quality will not be affected. Therefore~ we feel that the instant proposal fully complies with this Policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable Policy 4 is not applicable in that the proposal does not involve any potential for loss of life, structures, and natural resources from flooding and erosion. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this project~ including the Board of Trustees (please refer to the attached permit no.3882t issued January 25~ 1990) for "Maintenance dredging..." of this area. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable Policy 5 is not applicable. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this proiect~ including the Board of Trustees (please refer to the attached permit no.3882~ issued January 25, 1990) for "Maintenance dredging...' of this area. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [] Not Applicable Policy 6 is not applicable. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this projectt including the Board of Trustees (please refer to the attached permit no.3882~ issued January 25, 1990) for "Maintenance dredging../of this area. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria [] Yes [] No [] Not Applicable Policy 7 is not applicable. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this projectz including the Board of Trustees (please refer to the attached permit no.3882t issued January 25t 1990) for "Maintenance dredging..." of this area. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable Policy 8 is not applicable in that the proposal does not involve disposal and/or transportation of solid waste~ hazardous waster toxic pollutants, and petroleum products. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this projectt including the Board of Trustees (please refer to the attached permit no.3882~ issued January 25r 1990) for "Maintenance dredging...~ of this area. Attach additional sheets if necessary 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 llI- Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal meets Policy 9 in that the maintenance of the existing channel will provide and maintain for public access/recreational use of coastal waters (Sage Basin from Peconic Bay, and vise versa). Accordinglye we believe that this project is consistent with this policy. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this projectt including the Board of Trustees (please refer to the attached permit no.3882, issued January 25t 1990) for 'Maintenance dredging..." of this area. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal meets Policy 10 in that the maintenance of the existing channel will protect the water-dependent uses within the surrounding area. Accordingly~ we believe that this project is consistent with this policy. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this project, including the Board of Trustees (please refer to the attached permit no.3882t issued January 25~ 1990) for "Maintenance dredging..." of this area. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See LWRP Section II1 - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Policy 11 is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc.. 3. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this project, including the Board of Trustees (please refer to the attached permit no.3882~ issued January 25~ 1990) for ~Maintenance dredging... ~ of this area. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Policy 12 is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland~ the establishment and/or maintenance of new coastal agricultural production, etc...). Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this project~ including the Board of Trustees (please refer to the attached permit no.3882, issued January 25, 1990) for "Maintenance dredging_/of this area. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable Policy 13 is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction. Please note that this project has been routinely approved by all regulator~ agencies with jurisdiction over this project~ including the Board of Trustees (please refer to the attached permit no.3882~ issued January 25~ 1990) for "Maintenance dredging../of this area. Attach additional sheets if necessary TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albe~ J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTF L. H.t~RIS Supervisor Town Hall, 53095 Main Ro. P.O. Box 1179 Southold, New York 1197 Fax (516) 765-1823 Telephone (516) 765-180t! February 8, 1990 Merlon Wiggin Peconic Associates One Bootleg Alley Greenport, NY 11944 RE: Youngs Marina maintenance dredging Dear Mr. Wiggin: The following action was taken by the Southold Town Board of Trustees on Thursday, January 25, 1990: WHEREAS, the maintenance dredging was approved by the Army Corp. of Engineers at 20' x 200' after thorough review; WHEREAS, the Trustees believe the current application does not encroach on the private land of others based on the map provided;' WHEREAS, the tid~-~of lands upon which a Trustee permit is issued are a matter between the private parties should it come to a question in a future date; WHEREAS, the New York State DEC has made a cautioned review and approved the dredging project which was before it; WHEREAS, the project has met the consistency requirement of the New York State Department of State; WHEREAS, improved access will benefit many land owners in the basin; WHEREAS, the Marina in question, has been a good neighbor and a non-polluter as evidence by the satisfactory surface water quality at New York State Shellfish Station, located at the entrance to Sage Basin; WHEREAS, the project is part of the larger Youngs Marina expansion, which helps maintain access and consistent depth with the parent body of water, Peconic Bay; WHEREAS, the Original permit that was considered by the Army Corp. was pre-Town S.E.Q.R.A. implementatio~ and; WHEREAS, this project is thusly considered grandfathered and; WHEREAS, this project is considered a minimal impact project of approximately 100 c.y. of maintenance dredging; therefore, be it RESOLVED that Southold Town Trustees approve the project with the following requirements: That a final survey shall be prepared by a licensed marine surveyor to establish compliance with the project and submitted within ninety days of completion of the dredging. Should you have any questions, please do not hesitate to contact this office. Very truly yours, · Bredemeyer, III President, Board of Trustees JMB: j mt Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 38,82. ................. DATE: ...Zl. ZS190 ...... ISSUED TO ~ , · ........ oung.,s,,,M, arma ........................................................................... Authodzattou Pursuant fo the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Soufhold Town Ordinance en- rifled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on 19.9.0..., and in consideration of the sum of $ ................. paid by of ............................................................................ N. Y. and sub. iect to the Terms and Conditions listed on the, reverse side hereof, of Soufhold Town Trustees aufhorlzes and p~rmifs the following: Maintainence dredging with the following requirements: That a final surveyor to establish compliance with the project and submitted within ninety days of completion gl. dredgipg. ali in accoraance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees h~re- by 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 end CONDITIONS Th~ Permitteo ¥Ollng~ Mnwina residing at 1(~70 Sage Blvd.. Gv~onpovt. N. Y~ part of the consideration for the issuance of the Pemalt do~ understand and pn~cribe to the lowing: I. That the said Board of Trustees and the Town of Southold a~ released from any and all damages, or ~lnlm, for d~_mages, of sulks arising diimctly o~ indirectly as a ~sult of any oper- ation performed pursuant to this pe. rmit, and the said Permk't~ will, at lgs or her own expem~ de~end any and all such suits iuldar~l by third parties, and the said Pennittee assumes ~ ~ with respect thereto, ~o the complete exclusion of the Boaed o~ Trustees of the Town o~ Southold 2. That this Permit is valid for a period of 24 mos. which is comide~d to be the estimated time required to complete the work involved, but should circumstances warrant~ requ~t for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Petmittee wish~ to maintain the structure or peoiect involv~d~ to provide evidence to anyone concerned that auth- orization was originally obtained. 4. That .the work involved will be mbject to the inspection and approval of the Board nr its agents, and non-compliance with the provisions of the originating application, may be c~u~ for revocation of this Permit by resolution of thc said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein au&orized. 6. That there shall be no interference with the fight of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or altesations in the location of the work herein authorized, or i~, in the opinion of the Board of T~ tim work shall causel unreasonable obstcocnon to free navigation, the said Permittee will be requi~[ upon due notice, to remove or alter this work or project herein stated without ~xpemes to the Town of Southold. 8. That the said Board will be notified by the Permit'tee or the COmpletiOn of the work amh- nrized. 9. That the Permittee will obtain all other permits and coments that may be required sup- plemantal to this permit which may be subject to revoke upon fa;In_re tO obtain same. Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President HAND DELIVERED BRICK COVE MARINA, INC. Property 1760 Sage Boulevard; Town of Southold, NY 1000 -- 0.57 -- O1 -- June $, ~008 Southold Board of Town Trustees Town Hall P.O. Box 1179 Southold, NY 11971-0959 Re: Situate: SCTM #: To whom it may concern, This Firm represents BRICK COVE MARINA, INC. (c/o William Leverich) who wishes to acquire all required regulatory approvals in order to maintenance dredge the existing channel therein. Accordingly, approval from your Board is required. Please note that this project had previously been approved by your Board via Permit No. $88~, issued January ~5, 1990, to "Maintenance dredging...'. Please find enclosed herewith for your review: (1) Town of Southold Trustees Wetlands Permit Application (original and two [-~'] copies); (e) Short Environmental Assessment Form (original and two ~_e3 copies); ($) Location Map (three [-$~ copies); (4) Proposed Dock Assembly Plan of the property, prepared by Suffolk Environmental Consu~'ng, Inc., dated June 1, 2008, indicating all existing and proposed conditions, including the proposed maintenance dredging (three [-$3 sets); (5) Site Plan of subjeet property, prepared by Suffolk Environmental Consulting, Inc., last dated Jtme $, 2008, indicating the conditions therein, including the location of the proposed maintenance dredging (three [-$'] copies); Copy of the original Town of Southold Board of Trustees Wetlands Permit (No. $88~), issued January ~.5, 1990, for reference; and (7) Check made payable to the Town of Southold to cover the requisite application fee. Hammarth/ 2 Kindly review these items and schedule for approval at the next available Board of Trustees meeting at your earliest opportunity. Should you have any questions or require additional information, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, Matt D. Ivans attachment cc: W. Leverich P OPO 5KP MAIIqTKNAI',ICE NOTE Tidal \Vettands Boundary located at the Appaient High \Vater rAH\k) by SUFFOLi{ CONSULTING. IN('. on May eS, ~2008 NOTE ENVIRONMENTAL CONSULTING IN( on ~lav during low tide NOTE: Floating silt boom ~ ~caked hay bales to be utilized during project implementation. EN\rlRONIVlENTAL ~,.' / * NOTE: Spoil deposition to be placed ~, ~ ~'/~ < above (landward) of Apparent High ~ , '~ ~.~ . Water (AHW). ~C 4~,_,-m '..~_ ~"7 / ....... 'N ~. ~ /'~. ' .. ' ~ [ TOWN OF SOUTHOLD -~,. ~ / ~ ~ ~ ~ % JDATE ~ ~ ~ . , ) . ~:~ ~' NOTE Dredging to be performed Ln typical clam shell bucket All depicted soundings performed bx SLFF( LR _~ ' ~ All dredge spoil t(, be (te¢,,:~site,:l alon~ the shm'eline to the east. Date: Scale: Drawn by: Comments: 1.0' = 505 z SUFFOLll ENVIRONMENTAL CONSULTING, INC. 5UP MA! N'TKklANC[ c osb Vi c_\V NOTE Tidal \\ etlands Boundary located at the 3.pparent High Water AH\V/ by SUFFOLK ENVIRONMENTAL CONSULTING. 1NC, on May 2& £0o8 NOTE: Cross Viex~ based on a typical cross-section of the channel Please refer to thc Site Plan Detail (page 1 of ~) for location of the tangent NO]'E: Floating skit boom /~ staked hay bales to be utilized dm'lng proiec~ implementation. NOTE: Spoil deposition to be placed above (landward) of Apparent High Water (AITW). E(ISTI~(; ~LKItE&D NOTE Ail depicted soundings pedormed bx SUFFOLIi ENVIRONMENTAL CONSULTING. INC on May 25 200S during loxx tide Date: hu~uM. 25, 2006j ~m ~ ~* Scale: 1.0 = I0.0' · AREA Of PROPO$1~D IIAINTR~ANCA DREI)GIPlC PROJECT DESCRIPTION: Applicant proposes to maintenance dredge the existing channel to allow for property naxSgation for boat traffic passing between Peconic Bay and Sage Basin Applicant proposes to maintenance &'edge within the existing channel (,t, 000 square feet +-) to a maximum depth of six feet (60') _+ during lox~ tide Dredging to be performed by typical clam shell bucket Estimated amount of resuhant spoil dredged fi'om this area is anticipated to be a maximtm~ of ~200 cubic yards and will be deposited along th~ shoreline ~o the east, as si~own on page*oft Drawn by: m& SUFFOLI~ ENVIRONMENTAL CONSULTING, INC. P O B~,:< 2;,5.: · Bridgehamptcm · Nh'. I l gt3e ,!:l ':-- ~lv, [)hone ViE\V Tidal \\ etlands Boundary located at the Apparent High Water (AH\V~ b5 SUFFOLH ENVIRONMENTAL CONSULTING. 1NC. on Ma)23. 2005 ,k/LAP_I NA NOTE: Floating silt boom ~X staked hay bales to be utilized dm'lng project implementation. NOTE: Spoil deposition to be placed above (landward) of Apparent High Water (AHW). EilSTIIlI~ IIJLIrlt~AD MAIIITAINI(D CHANNEL 20' IilSTl[~ GRADE NOTE: All depicted soup_dings performed bx SUFFOLK ENVIRONMENTAl. CONSULTING INC on Ma) e~, 20O> ,:!u -ina- l.'a dde ARIiA 0[ PROPOSED IIA1NT[BIAtiCE DRI[DGIN(; PROPOSED~RAD~ PROJECT DESCRIPTION: Applicant proposes to maintenance dredge the existing channel to allow for property navigation for boat traffic passing between Peconic Bay and Sage Basin Applicant proposes to maintenance dredge x~ithin the existing channel (,k 000 square feet _+) to a maximum depth of six feet (60') _+ during low tide Dredging to be performed by typical dam shell bucket Estimated amount of resultant spoil dredged fi'om this area is anticipated to be a maximum of 20o cubic yards and will be deposited along the shoreline u, the e,sL a- sho~xn onpage4of b Date: Scale: Drawn by: I0 = I0.0 *- mdi SUFFOLK ENVIRONMENTAL CONSULTING, INC. P~} B..~ ',,,:,Bfidgehnnpton'NT'] ,,;,! , OF NOTE: Floating silt boom ha; bales to t~e utilized dm'it~g implementation, rLandward edge of proposed Ipoil depositibn. NOTE: Spoil deposition to be placed above (landward) of Apparent High Water (AHW). Bxlsting Beach AREA of PROPOSED SPOIL D~POSITION - (200 cubic yards UNPAVED W~QTER LINE UTILITY POLE NYSDEC,# 1-473R-00~09/00011 TOTAL AREA = 12,56 acres to tie lines AREA of LAND UNDERWATER LANDWARD EDGE OF TIDAL ~ETLANDS AS ~ELINEA TED BY SUFFOLK ENVIRONMETAL CONSUL TING, INC. ON JUNE 30~ 2008 ~ = ~ETL~NDS FL~GS NUMBERED I- 15 CONTOUR LINES ARE REFERENCED TO N G. tL D. . KEY MAP Scale 1" 600' , PROPERTY TO WN OF SOUTHOLD ,, SUFFOLK COUNTY, N. Y. 1000 - 57- 01- 38.3 ,~ Scale 1" = 50' B A S I N '> March '12, 2002 JUL Y 23, 2008 CERTIFIED TO' COMMERCE BANK NA.~ ISAO~ A TIMA ADVANTAGE TITLE BRICK COVE REAL TY LLC N I 01F HARBOR VIEW REAL Tf' DEVELOPEMENT 300 RAI~RO DRIVE HAUPPAUGE. ( land underwater CORA APPROXIMATE AREA = 14.5 acres OF "SA GE BA SIN" M = INTERTIDAL MARSH AS SHOWN ON TIDAL WETLANDS MAP N.Y.S.D.,~C. MAP 718-50 N. Y. S. LIC. NO. VEYORS, P. 0. ' ~~/ 5020 FAX (631) 765-1797 PhT~.s~49X 909, 1230~rRA VELER STFCEET DCUI[~II'iII ?ldrJlll'l PARCEL III PARCEL V SOUTHOLD, N. Y. 11971 49618 PARCEL / ./ P cONiC JUL 2 3 2008 AY