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Home My WebLink AboutCassidy, Andrew & Carole James F. K~ng, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town H~lAnnex 54375M~nRoad P.O. Box 1179 Southold, NewYork 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 January 14, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann En-Consultants,lnc. 1319 North Sea Rd. Southampton, NY 11968 RE: ANDREW & CAROLE CASSIDY 2055 ALBERTSON LANE, SOUTHOLD SCTM#52-5-55 Dear Mr. Herrmann: The Southold Town Board of Trustees reviewed the survey prepared by John C. Ehlers dated October 24, 2008 and determined the proposed construction of a single-family dwelling, swimming pool, tennis court and associated appurtenances to be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111 ) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff and/or wetlands jurisdictional boundary, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary best management practices are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincer , (~' Jam~g, Preside'~t 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/VVorksession Report Date/Time: ANDREW & CAROLE CASSIDY request a Letter of No-Jurisdiction to construction a single-family dwelling, swimming pool, tennis court and associated appurtenances. Located: 2055 Albertson Lane, Southold. SCTM#52-5-55 Type of area to be impacted: __Saltwater Wetland Freshwater Wetland Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Sound Bay Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: __&King __J.Doherty __P.Dickerson __ D. Dzenkowski Mark Terry__other Form filled out in the field by D. Bergen__ B.Ghosio, Mailed/Faxed to: Date: Environmental Technician Review- ~w c~ssm¥ ~ ¢~on~ c~ssm¥ ~ SOUTHOLD Figure 1. Looking souflt from AIb~rtsOn Lane over subjectP~rcet Figure Z Looking north and towardAlbertson Lane over subjectparcel. ANDREW CASS]DY AND CARoLE CASSlD¥; 2055 ALBERTSON LANE, SOUTHOLD FigUre 3. Looking south toward tidal wetland~ / / / / / 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 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King, President Members of the Board of Trustees From: Mark Terry, Principal Planner Scott Hilary, Planner I 4 2009 Verification of Wetland Boundary Andrew and Carole Cassidy 2055 Albertson Lane, Southold New York 11971 SCTM#52-5-55 Date: January 13, 2009 As requested, an inspection of the above referenced property was conducted on Tuesday, January 13, 2009 to verify the wetland boundary in relation to the proposed actions; construction of a single-family dwelling, swimming pool, tennis court and associated appurtenances. The setback from the wetland boundary to the proposed actions was determined to be more than 100 feet. Therefore, the proposed actions are outside of the 100' setback and wetland jurisdiction pursuant to § 275-3 Findings; purpose; jurisdiction; setbacks. NOTE: Juncus effuses (Soft Rush) a facultative wet plus indicator species was commonly found throughout an area of the maintained farm field at an elevation of five feet which is contiguous with the freshwater wetlands identified on the survey. Further note, that the non-jurisdiction determination does not preclude the potential for impacts to the adjacent freshwater wetlands. Therefore, it is recommended that a 100' non-disturbance area be established in perpetuity landward from the 5' contour as depicted on the survey, allowing for the reestablishment of hydrophytic vegetation with in the disturbed wetland area. .SURVEY OF PROPER'FY 51TUA'I'E, AP~HAHOHAG~E TOHN, E~X/THOLD SUFFOLK COUNTY', NY E~JRVEYED 10-24-200~, 5UFF:OLK COUNT'r' TAX ~ 1000-52-5-55 Test Hole i'dclDonold EL. = 5.4 4-J5-05 S1TE DATA: DR, AINA~E GAL~ULATION~ or ~ ~ter ROOF (Pl, il=l I IN~.) PI,',LELLIN~ ROOF AREA 26~0 5.F. 2630 X 0.11 X 1.0: 441 G.F. 44'//42.,24 = 10.58, V,L.F, REGDII;~Q2 F~OVIDE ;D ~'-0" ~IA. X 4'.-0" DEPTH DR.AINAOE POOL5 12 V/.F. P'P. OVIDED NOTES~ · MONUMENT FOUNP O PIF~ ELEVATION5 REFEf~ENC. E PARC. EL ZONED R- ~ AREA = 2~,*"I~;~ sF or ~055 ocres ~RAPHIC. SCALE I"= IOO' ELL / / / / ' / / / / / o/ 31651' Lo~d Noel or' Fo~m~rlL~ o~= Peco~l¢ Lcl~d TPu~t ~n¢. N SEPTIC S'dSTEP1 DETAIL NOT TO SCALE 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqsezvefipro¢04'04-129 single application.~ JOHN C. EHLERS LAND SURVEYOR EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING December 18, 2008 James King, Chairman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 DEO, 2 2 2308 Re: Andrew and Carole Cassid% 2055 AIbertson Lane~ Southold~ SCTM No. 1000-52-5-55 Dear Mr. King: We represent Andrew and Carole Cassidy, brother and sister, who plan to conslruct a single-family dwelling, swimming pool, tennis court, and associated appurtenances on the captioned property, all as depicted on the site plan prepared by John C. Ehlers Land Surveyor, dated 24 October 2008, a copy of which is enclosed herewith. As all such proposed work and related construction activities will occur more than 100 feet from both tidal and fxeshwater wetlands on the site, the proposed activities will occur beyond the jurisdiction of the Board of Trustees pursuant to §275-3(C)(5) of the Southold Town Code. Please note that as depicted on the site plan, a project-limiting fence and staked haybales will be emplaced 100 or more feet from all wetlands to ensure that all construction activities do in fact remain outside of the Trustees jurisdiction. Therefore, would you kindly prepare a non-jurisdiction letter for the project that can be provided to the Building Depashnent. Enclosed for your reference are photographs of the site and an agent authorization form signed by Andrew and Carole Cassidy authorJfing En-Consultants, Inc. to act on their behalf. Should you have any questions regarding this request, please do not hesitate to contact me at your earliest convenience. Robert E. Herrmann Coastal Managemem Specialist Enclosures Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) (print owner of property) / residing at (mailing address) //////7?? do hereby authorize ' (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (/~_~~wner's signature) 51JRVE'r' OF PROPERTY 51TUATE.' A~AHOHAC~LIE TONS SOUtHOLD 5UP-TOLK COUNTY, NY .SURVE'fD~ 10-24-2005 SUFFOLK COIJNTY TAX ~ 1000-52-5-55 ?RE?ARED ~:~OR: Cm'o~e M. Casady EL. = 5.4 4 15-05 ii¸ SITE DATA: DRAINAGE CAL6ULATIONS: ROOF (DHELLIN~) DIN, ELLIN~ ROOF AREA 26S0 ~,F, 20~:2 X 0.1~ X 1.0 = 447 G.F. ~ / 42.24 = I0~ V.LF. ~OVl DE ~ ~'-0" ~IA. X 12 V.LF. ~OVI~E~ NOT~5, · MONUMENT FOUND 0 PIPE FOUNP N N89°52'00 ~"~.on= 316.51' Lane ELL k~ (~ ~oL~ndorLj O~ ~resh~oter vtetlonds os Hoqqed b~ ~o~ert Fox o~ 5eoleveT~op~n~ 07-05-04 ond determine~ to be NYS Fresh~oter ~etlon~ boundor~ bU ~- Morsh on 0ql28/05 ~" Tidol ~etlond Ooundoc~ o~ flocjgod O~J Robert Pox of Seolevel Nopping 0%05-04 ELEVATION5 REFERENCE PARCEL ZONED R- 50 AREA: 281,7~ st or 0.6055 NOT TO BOALE ORAPHIC 56ALE I"= I00' E JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqservefipms\04\04-129 single application.I 01/09/2009 11:41 FAX 6312835135 EN-CONSULTANTS,INC. ~002 New York State Department of Environmental Conservation Divisien of Environmental Permits SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Telephone (631) 444-0371 Facsimile (631) 444-0360 A/exend~ B. Grann/s Commiss~ner December 30, 2008 M~,. Andrew Cassidy 6 Hill Drive Port Jefferson, NY 11777 RE: 1-4738-03501/00001 Dear Pemaittec: In conformance with thc requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Darleen M. Gerbino Environmental Analyst DMG/Is Enclosure 01/09/2009 11:41 FAX 6312836136 EN-CONSULTANTS,INC. ~003 NEW YORK S'I'ATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Faclli~ DEC ID 1-4738-93501 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit issued To: ANDREW CASSIDY 6 HILL DR PORT JEFFERSON, NY 11777 Facility: CASSIDY PROPERTY 2055 ALBERTSON LNISCTM 1000-52-5-55 SOUTHOLD, NY 11971 CAROLE CASSIDY 6 HILL DR PORT JEFFERSON, NY 11777 Facility. Application Contact; EN-CONSULTANT$ iNC 1319'NORTH SEA RD SOUTHAMPTON, NY 11968 (631} 283-6360 Faeilit~ Location; ~n $OUTHOLD in SUFFOLK COUNTY Village: Southold FadlityPrineipalReferencePoint: NYTM-E: 718.4 NYTM-N: 4551.7 Latitude: 41°05'14.1" Longitude: 72°23'59,4" Project. Location: 2055 Albertson Lane - Watercourse - Arshamomnque Pond - FWW ID # $0-20 Authorized Activity: The permit is amended to authorize the clearing~ grading and ground d/stmbance within 300 it. of the tidal wetland boundary. All work must be done in eccordnnee with the survey p~epa~ed by John C. Elders dated 10/24/08 and stamped NYSDEC approved on 12/30/08. The pwp~y greater than 300 ft. from the tidal wetland boundary, ~s shown on the survey prepared by $ohn C. Ehlers dated 10/24/08, is beyond Article 25 jurisdi~on. The proposed project to construct a single family dwelling and accessory structures, ns shown on the survey,prepared by John C. Ehlers dated 10/24/08, is more than'100 feet from regulated freshwater wetlands #SO-20 and beyond At'tide 24 jurisdiction. (DMO) Permit Authorizations Tidal Wetiimds - Under Article 25 Permit ID 1-4738-03501/00001 New Permit Effective Date: 10/6/2006 Modification # 1 Effective Date: t. 2/7/~06 Modification # 2 Effective Date: J~ Expiration Date: 10/5/2011 Expiration Date: 10/5/2011 Expiration Date: ~ Page 1 of 7 01/09/2009 11:42 FAX 6312836136 EN-CONSULTANTS,INC. ~004 NEW YORK 8TAI~ DEPAP. TM~NT OF F.,NVIRONMENTAL CONSERVATION Fa~ffity DEC ID 1.-4738-03501 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit ~s contingent upon strict compliance with the ECL, all applicable regulations, and ~ll eonditians ~ucluded as part of this P~mi~t Admin~slrator: GEORGE W HAMMARTH, Deputy Rcgional Perr~t Adminislrator Address: j)/.~' NYSDEC REGION 1 HEADQUARTERS SUNY (~ STONY BROOK],0 CIRCLE RD Authorized Sign~ure: STO~NY~ Distribution List EN.CONSULTANTS [NC Marixic Habitat Protection Nattanl Resources DARLEEN M GERBINO Permit Components NATORAL RESOURCE PEP, MIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PEP. Mrrs NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS ' NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. StYe Not Liable for Danmge The State of N~w York shall in no case be liable for ~my dsmage or injury to thc slructure or work herein authorized which may be caused by or result from future operations under,ten by the State for the conservation or improvement of navig~on, or for othvr purposes, and no claim or right to comI~mafion shall accru~ from ~nay such damage. 2. Notice of Comm~acement A~ least 48 hours ~rior to commencement of thc pmjec~ the pe,,,,ittec and contractor shall sign and return the top portion of the enclosed notification form certiP/ing that they arc fully aware of and understand all terms and co:aditions o£ this pm'mit. Within 30 days of complction of proj~'t, the bottom portion of the form must also be signed and returned, along with photographs of thc completed work. Page 2 of 7 01/09/2009 11:42 F.~I $$12836136 EN-CONSULTA/tTS,INC. ~005 NEW YORK STATE DEPARTMENT OF ENViRONMeNTAL CONSERVATION FacUlty DEC ID 1-4738~3501 3. C0nerete Leachate During consirUction, conc~te or leachate ShM1 nOt escap~ or bO dischar~ nor . shs11 w~qhi-gs from transit mix tracks, mixers, or other devices ent~ lidal or fi"-,~hwat~r wetlands and/or 4. NO Disturbance to Vegetated Tidal Wetlands There shall be no distuFoance ~o vegetated tidal Wetlands, t~shwat~r wetlands or protected buffs' areas as a result of thc permitted activities. 5. WOrk Ar~ I.imRs Auy work, disturbance, md or sterne of construction matefisls shall be confined to within the limit of cltauin$ mid f~und disturbance shown on the at~,oir~cl plan. 6. Demolition Debris Any demolition debris, including exc~ consiruction materials and/or excess excavated materials; shall be completely rimaoved fi'om the adjacent area and r~moved to an upland area for disposal by thc close of business on Lhe day such material was gene~'ated. No dd~is permitted/n !ichfl wetlands, fr~bwatgr wetlands or protected buffer areas. ?. Prior te Commencement of any regulated activities Prior t~ commencement of ~ny regulated activities, a continuous mw of straw bales shall b~ staked end to end, along the linc labeled "limit of clearing, grading and ground disturbance". Thc bales shall b9 maintained, repaired and r~plac~d as oien as necessary to emure proper function until all disturbed areas are permnneatly vegetaled. Sediments t~/pp~l by tho balc~ shall bc removed to a~ ~lnvved upland location before thc bales arc removed. s. Seeai,,g Disturbed Areas All areas of soil c11sturbance r~sul~ng from ~he appi'oved proj~ct shall be siabilized udth apprOtniate vegetation (grmses, etc.) immediately following project completion or. prior to permit e~piration, whichever comes first. If the project site ~a~ains inactive for more tha~ 48 hou~ or planting is i~piactical dae to the season, lt~en lhe area shall be stabilized with Shaw or hay mulch or jute matliu-g until weathe~ conditions favor g~,u~uatioa. 9. Straw bales Slraw bales shall be recessed two to four inches into the ground at all limes. ~o. Temporary Mulch, Final $~ding ff seeding is impracticable due to the time of year, a temporary mulch shall be applied and final seeding ~hall be performed at th~ earliest opportunity whe~ weather conditions favor germination and growth but not more than s~x months ~er projec~ completion. 11. Maintain Erosion Conirols All erosion control devices ~hsll be maintained in good and functional condition u~ti] the. projeet lms been completed ~ud the area has been stabilized. 12. Suitable Vegetative Cover Suitable vegetative cover is defined as a minimum of 85% area vegetatively covea-ed and no unvegetated areas larger than OhO (1) square foot in size. 1~. Clean Fill Only All fill shall consist of olean sand, gravel, or soft (not asphalt, slag, fly,nh; broken concrete or demolition debris). 14. No draining There shall be no draining of s~mming pool water directly or indirm'tly into tidal wetlands, freshwater wetlands or protected but~ areas. ls. Tidal Wetland Covenant Thc pcrmittee shall incorporate the attached Coveamat (or similar D~partment-approved language) to thc deed for the property where the project will bc conducted and file it with the Cl~rk of SUFFOLK County within 30 clays of the cffective date of this po,,it. This deed covtmant shall run with thc land into perpetuity. A copy of the covenanted deed or other acceptable Page3of7 01/09/2009 11:42 FAX $312S$$155 EN-CONSULTANTS,INC, ~006 NEW YORK STATE DF~PARTMENT OF ENVIRONbfE~TAL CONSERVATION FldlRy DEC ID 1-4738-03v001 proof of record, alonE with the nmnber assigned to this !~.~dt, shsll be submitted within 90 days of the date of this permit to Marine Habitat Protection HYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKIS0 CIRCLE RD STONY BROOK, NY11790 -3409 Atto: Compliance 16. O~e Resid~n~ Per Lot This permit docs not authorize subdivision or more than one rcddcace on the e~isting lot. 17. NZ~ Essement for Structur~ This permit does not authorize the granting of ~em~ts for the construction of water access stmctores, mooning £acfliti~, or other structv~s. lS. Archaeologically Seaslttve Area The archaeologically sensitive area depicted on the John C. Ehlers survey dated 10/24/08 shall remain undisturbed and undeveloped. 19, Archaeological Covenant To protect the archaeologically sensitive area from future disturbance, the l~mit holder shall incorporate the attached Cov~snt (or similar language) to the deed for the prope~ where thc project will be conducted and file it with the Cl~rk of Suffolk County wJthln 30 choys of the ~Yec'dve date of this per,ult. This deed covenant shall run with the land in p~potuity. A copy of the cev~nanted deed or other acceptable proof of record, along with the number assigned to this'p~mig shsll be sllbmit'ted within 90 days alld lN'ior to commeacement of any reguleted activity at the site to: NYSDBC, Division of Fa~onmcntal P~rmits, SUNY (~ Stoay Brook, 50 Circle Road, Stony Bn~ok, New York 11790-3409. :10. Covanmat$ Thc pcrmiitoe shall incorporate the attached Covemmt (or similar lsnguage) to the de~l for the property whnre thc project will be eonduet~ and file it with the Clerk of Suffolk Cotmty within 30 days of thc effective date of this permit. This deed cevermnt shall nm with the land in~ perpetuity. A copy of the cevenauted deed or other acceptable tw0of of record, along with the numb~ assigned to this permit, shall be submitted within 90 days of the effeotivc date of this p~zonit to: NYSDEC, Bureau of Habitat Regional Manager, SUNY @ Stony Brook, 50 Circle Road, Stony B~ok, NY 11790-3409. 2L C~nformsnce Wil:h Plsns All activities authorized by this l~.uit mu.st bc in strict conthrmance with the a~i,,0ved plans submitted by thc applicant or applicanfs agent aa part of the pem~it application. Such al~i)rove~l plans were prepared by lohn C. Ehlers ou 10/24/08. 22. State May Order Removal or Alteration of Work If future operations bythe State of New York require an alteration in th~ position of the structure or work herein authorized, or if, in the opinion of the. D~l~artment of Environmental Conservation it shall cause i~reasonable obslruction to the free navigation of said wat~'s or flonci flows or endanger the health, safety or welfare of the people of the State~ or caUSe loss or de~lruction of the natural resources of the State, the owner may be ordered by the D~partme~t to mnove or alter thc slructural work, obstructions, or hazards caused thereby without expe~e to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall loot be completed, the owners, shall, without expense to the State, and to such c~te~t and in such time and manner as the Dcpaltmellt of Environmental Conservation may require, remove all or any portion of the uncompleted stmciwc or fill and rcstor~ to its former condition the navigable and flood capacity of thc watercourse. No claim shall be made against the State of New York on account of any such removal or alter-alien. Page ,/of7 01/09/2009 11:43 FAX 6312836136 EN-CONSULTANT$, INC. N~EW YORK STATE DEFAR~I' OF ENVIRONMENTAL CONSERVATION Fs~/}, DEC ID 1-4T38-03~1 ~007 23. PFecaufions Against Contamination of Waters All n~cessary precau~ons shall be taken to preclude oontaminalion of any wetland or waterway by suspended soli&, sediments, fuels, solvealts, lubricants, epoxy coatings, paints, concroto, lcaohatc or any other environmentally dclcterious materials .14. Slate May Require Site Restorafiou If upon tho expiralio~ or revocation of this p~ui~, the project hel~by authorized has not be~n completed, the applicant shall, without expense to the State, and to such extent and in such lime and manner as thc Depal~mt of Env/ronmental Conservation may require, remove all or any po~i°n of thc uncompleted slmcture or fill and resU~re the site to its former condition. No cl,~im ~hsll be made ,~inst the State of New York on account of any sach mnoval or GENERAL CONDITIONS - Apply to ALL Authorized Permits: ~. Facility Inspeclioa by The Department The permitted site or facili~, includ~ relevant reco~cls, is subject to inspection a! reasonable hours and intervals by an authorized representative of the Depaffanmt of En~ironmcntal Conscrvation (thc Dcpaflment) to determine whether the pcrmittee is complying with this l~wit and thc ECL. Such reprcsemafivc may orde~ the work suspended pursuant to ECL 71- 0301 and ~APA 4o1(3). Thc lXrmittcc shall provide a pm'son to ~pany thc Depa~hucnt's rcprcscniativc during un impc~on to thc permit mca when requested by thc D~artment. A copt/of this permit, includiug all referenced maps, drawin~ and special conditions, must be available for inspection by the Depa, h,,~t at all times at the project site or facility. Failure to produce a copy of the pe~uJt upon request by a D~partment representative is a violation of Otis permit. 2. Relationship of this Permit to Other Department Orders and DeterminMiom Unless expressly provided for by ~he D~artmcflt, issuance of this permit do~s not modify, sup~sede or resciud my order or determination ta~iously issued by the Department or any of thc trims, conditions or requiremems coptsifled ill'glle, fi 'ord~i' or 'det~a'minariofl. a. Appficstions For Permit Renewals, Mod/ficafions or Transfers Thc permittee must submit a scparat¢ written application to thc Depaflmcnt for permit renewal, modificalion or trmsfcr of this permit Such application must include any forms or supplemental information thc Department requires. Any reuewa], modification or transfer ly~,,ted by the Dep,~ ba/~lt must be in wrifi~. Submission of applications for i~l-it t~newal, modification Or t~*,~sfer ate to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUI',Pf (~ STONY BROOK[~0 CIRCLE RD STONY BROOK~ NY11790 ~3409 4, Submission of Renewal Application The peuaittee must submit a re~xewal application at least 30 days b~ore pon~nit expiration for ~e following permit authorizations: Tidal Wctlands. Page 5 of 7 01/09/2009 11:43 FIX 6312836136 EN-CONSULTAIqTS, INC, N~:w YORK STATE DEPARTMENT OF L'NVlRO~ CONSERVATION ~008 Permit Modifications, Suspmisions snd Revo~Mions bT the Depsrtmmt Thc Dcpamn~ reserv~ the right to modi~, suspend or r~okc this lxrmiL Thc grounds for modification, suspcmion or ~evocatioll include: materially false or i~sccta~e sh~teme~ts in the pm-mit applicatio~ or s~ppo~ng papers; b. failu~c by th~ permB~ec to com~ly with any terms or conditions of the permit; c. cxceeding thc scope of the project as described in the permit application; d. newly discovered macrial i~fonnation or a material chan~ i~ cn~dromnenlal conditions, relevant technology or at~plicable law or regulations sLnce thc issuance of thc exisiing permit; noncompliance with previously issued l~'nnit conditions, orders of thc oommi.~qioner, my provisions of the Environmental Conservation Law or rc~ations of thc Dcpal'Immt related to 6. Pirmit Trsasfer Pcrmiis ar~ rra~ferrable unless specifically prohibited by statute, regulagon or another pe, ihit condition. Applications for permit Iransfor should be submitted prior to actual transfer of NO~'ICATION OF OTHER PERMITTEE OBLIGATIONS Item A: ..p,.emiittec Accepts L~ R~~ ~d A~ to ~de~n ~e ~, ~g ~e ~ f~ ~m~m, ~sly ~ to ~d~ni~ ~d hold h~ ~,~t 0f Bn~t~ ~a~ of ~e S~e 0f N~ Yo~ i~ ~~ ~1o~, ~ ~m~ ("DBC") f~ ~ d~, S~tS, a~o~, ~d ~, W ~e ~t~t ~le ~ie~'s a~ ~ ~ ~ ~on ~ ~ p~i~'s ~d~ of ~ ~ or ~a~on ~d m~t~ce of, ~e ~li~ or ~li~ ~ofi~ by ~e ~t wh~ ~ph~ or not ~ ~ph~ ~ ~e t~s ~d ~n~o~ of ~ ~Mt ~s ~d~fi~on not ~t~ ~ ~y c[~, ~, ~, ~ ~ to ~e ~t a~b~le w DEC's ~o~ ~ ~ ~issio~, ~ W ~y clx, s~, ~ ~o~ nsmi~ ~e DEC ~ · ~ 78 o[~e N~ Yot Ci~ P~ Mws ~ R~ ~ my ci~ s~t ~ d~i ~d~ ~ or ~ I~em B: Per~!s Contractors ~o Comply wi~h Permit Thc pc~nittec is r~ponsiblc for informing its independent conf.'actors, employees, a~mts and assigns of their ~ponsibility to comply with this pormit, inclt~lin~ all special conditions while actin~ as the pennitt~'s agent with respect to the p~itted activities, and such persons shall be subject to thc smnc sanctions for violalions of the Bn~ironmental Conscr~on Law as those prescribed for thc pcrmi~ee. It~.~ C: Permttiee Re~po~sible for Obfsinlng Other Required Permits The permit~ee is responsible for obiaining any other permits, approvals, lands, easements and r~ght~of- way thai may be required to carry out the activities that are authorized by this p~mit. Page 6 of 7 01/09/2009 11:44 FAX 6512836136 EN-CONSULTANTS,INC, ~009 NEW YORK STATE DEI'AR~ OF E/qVI~ONlVIENTAL CONSERVATION l~eill~y D~C ID 1-4738-03~01 Item D: No Right to Trespass or Interfere with Ripari~m Rights Th/z Immit do~ not convey to thc 10crmitt~ any r/~ht to trespass upon thc lands or inteder~ with the r/parian r/ghts of other's/n order to perform the permitted work nor docs it authorize the impa/rment of any ri~ts, title, or intcrcst in real or personal properly held or vested in a person not a party to thc Page 7 of 7 01/09/2009 :tX: 44 FAX 6312836156 EN-CONSULTANT$, INC. ~010 DECLARATION T~.q DECLARATION. datod ~ day of, ,200 , is made by , ~(here/naflcr ~h= "DecOr"), whose address is WITNESSETH ;. ~ WI/BREAS, the Dechrant is thc owner of certain real property locked/n the Town of ,~ -~ ~of , State of New York, Tax Msp # District ,Section , Blm/c , ..!~(s) which real propcn'y is more parlicularly descrl'oed in E-h~it A annexed here~ of Bnv'u,~umaut~l Co. set.ion (hcrcimu%r "Dcpartment"), purs,,~t to Navko~u~sl Comervation Law ./he~-,,~er "ECL") Article 2~ (also known as the."Freshwatcr Wetlands Acf9 md Pm 6~4 of Title 6 of the New York Code of Rulcs snd P~'~atl,~ons ~= '"6 NYCRR"); ~md WtimiFJ~, various activities conducted both in and adjacent to frcahwater wetlands ave regulated by ~e Depatm~at pursuant to ]ECL Article 24 and Pail (~3 of 6 NYCRR and requite wfitiea NOW, ~ORF. in recognifio~ of the Dep~ment's jufisd/~on as ~'t fo~h above, it/s the :~m'bili~ of ~ ~n'~ h~/~ ~y r/~t, dtle, or/nte~/n the l~oper~, to ob~ fn~n th~ D~p~m~ or ~Y:.s'uccessor organization, a cun~at dcscriptio~ of all activiti~ which are teg~!~t,'xl px.usuaat to ECL ,al~dcl¢ 24 and Part ~3 of 6 I~CP.R, and ~o obt~i~ writtm authorization from the Depatlmeat prior ~o such r~laied acfivili~s being conducted on the Propcrty. Regulated activities include, but a~. not !imam! it, clearing of vegetation; applicali .on of chemicals; cxcavaiion; grading and filling; and ereciion of any By: STATE OF NBW YORK I. , .ooxr OF Onthe dayof in the yesr 200. , before me, the ~ _,,~. ~-~/_?ed, a Notm-y Public the ~ of satisfactory evideace to be the person whose ksme is subscn3~:i to the within instzmne~ ~.aclmowledged to me that he executed the same in his capacity, ~md that by bis signntm~ on the ' .~ent, ~e person or e~tity tqmn behnl+' of'which tho person acted, executed the [ustrllme~tt. NOTARY PUBLIC 01/09/2009 11:44 FAX 6312836156 EN-CONSULTANTS,INC. I~011 NOTICE COVENANT TO THE DECLARAT]~O~q THIS DBCLARATION, dated, day of ,200_._, is made.by _. WITNESSETli WHt/RI/A3, the D~rsnt is tim own~ of certa/n r~l propm-y locked in the Town of ~mty of , State of New Yol~ Tax Map # District ,Section. · ...X~(s) wl~ch md pmpe~ is more pa~cularly described in Nxbl~it A -,,-exed V ~mntofied and m .m~ed by the New York State Departmeut of Hav~mmie~al Cm~m'vatica ~ Wetlands Act~ and Part 661 of Title 6 ofg~e New Yo~k Code of Rules and Re~lafions ~6NYCRK"); and · - ":' V~, various activities conducted both in and adjacent to tidal wetlands are ~ ~ ~ l~pa~m~L pn~suant to BCL Article 25 md Part 661 of 6 NYCRR snd ~ wflttm auR~.izntion fl~n NOW, ~KE, in recognition of the Dq~mmmt's jmisdiction ~s s~t fo~h a~. it is ~!~ ~ 0f a patty having any tight, fl~le, or inte~st in ~e Property, ~o oblain from 0~ Del~E'ammt or OF ) t '~ On,he dayof in fl~ Ymr 200~ before me, the nnd~ a Notary Public NOTARY PUBLIC 0~/09/2009 1~:45 FAX 6312836136 E~T-C0NSULTAI~$,INC, ~012 !{ NOTICE COVENANT TO TH]E DEED THIS DECLARATION, dated __ day of .2~__, is made by , (tmlina~r the "Declarant"), whose adclress is ~ WHEREAS, the Declarant is the owner of cra'lain real property Ioca~ in the Town of Southold, County o£ Suffolk, State of New York, Tax Ma~ # District ..... Secfon , .Block , Lot(s)f which real property is more particularly described in Exhibit A aun~md h~'~to (hereafter r~fer~d to as the "Propcn'ty"); and WHEREAS, the Property contains au. archaeologically sensitive area as d~urmiued by the Office of parks, Recreation and Historical Preservation and mapped on the survey prepared by John C. Ehlers dated 10/24/08; aud WHILREAS, the amha~ologioally sensitive area shzll r~main uudisturb~t and undeveloped The erection of structures, exoavation, grading, filling or clearing of this s~-itive area is prohibited. NOW, THEREFORE, it is the responsibility of a party having any right, title, or intetmt in the property to preserve the archaeologically sensitive ama in its ns~nd stzte or by avoidance through project d~ign into purpetuity. By: STATE OF NEW YORK ) ) COUNTY OF .) On the .. day of in the year 200_, before me, the undersigned, a Notary Public in and for said stale, personally appeared , perSonally koown to me or proved to me on thc basis &satisfactory evidence to be the person whose name is subscfib~l to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or entity upon behalf of which the person aaed, ex¢cut~ the instrument. NOTARY PUBLIC 01/09/Z009 11:45 FAT 63X~$36156 I~-CONSULTANTS,INC. 1~013 J~M~ At~ ~PP~)~D P~.A~ A VAiLA~ A T THE W~ ~/'~ J~R ~H~ DURATt~N ~J~ TH~ P~T F`~ ¥ ~`~`T TH~ 0X/09/2009 11:45 F.~ 631~$36156 EN-CONSULTANTS,INC. OR FAX TO: e31.444.~12' P~W~A~APPR~V~D~H`-a`~AVAB'AB~ATTHEW~'~F~RTHED~AT~N~r`t.~PR~JE~G~`~ ~ C(X*FUMCE OR FAX ~ 631-4M-0272 wNU~ ISSUED T~. DATE New York State D~?tment of Environmental Conservation - NOTI'CE ~.^ n,,~,o,~,,.,-,~.~t of Environmental 'Conservation (DEC) .h. as issued permit(s)-pursuant to the Envtronmental Conse_rvaflo further. .Law fo.r. work be!ng conducted at_this site. For information regarding the nature and' extent Of the approved -work and any Department. condi!i°,ns appi!ed'to th.e approval, L' contact'the Regio. nal Permit Administrator hsted.be~ow. ~,~ease refer tOthe permit number shown when contacttng'the .DEC. j. . , ,~ ,-,O ~--, ,--,,,,/,~,~,.. ~ Regional Permit.Admmistrat~or ' J : Pa?it Number. 'J'~i~ii~j(:~'!LUJ~! ' ROGER'EVANS--' Expiration Date I . "- " '. " J~~ ~oard of T N