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Home My WebLink AboutTR-7033 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghos±o, 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 ¼ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7033 & 7033C DATE: FEBRUARY 18~ 2009 ISSUED TO: KEVIN & ALEXANDRA O'MARA PROPERTY ADDRESS: 14345 OREGON RD.~ CUTCHOGUE SCTM#72-2-2.2 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on Februm-g 18, 2009 in consideration of application fee in the sum of $500.00 paid by Kevin & Alexandra O'Mara and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and pemfits the following: Wetland Permit & Coastal Erosion Permit to construct +/-226 If. of a double row of qUarrystone on a hardcore stone foundation; backfill and re-vegetate eroded with native vegetation and reconstruct (in-place with open-grate d~cking) existing bluff stairs over. the proposed stone, and as depicted on the plan prepared Consultants, Inc. last dated June 16, 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 Kovin & Alexandra O'Mara, residing at 14345 Oregon Rd., Cutchogue, NY, 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 cla(ms 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 ail 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 indefifiitely, 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 b~ 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 comp!etion of the work authOrized. That the Permittee will obtain ail other permits and consents that maY be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375Main Road P.O. Box 1179 Southo]d, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 February 18, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann Eh-Consultants, Inc. 1319 North Sea Rd. Southampton, NY 11968 RE: KEVIN & ALEXANDI~A O'MARA 14345 OREGON RD., CUTCHOGUE SCTM#72-2-2.2 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wed., February 18, 2009 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of KEVIN & ALEXANDRA O'MARA applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated January 28, 2009, 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 February 18,. 2009, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of KEVIN & ALEXANDRA O'MARA to construct +/~226 If. of a double row of quarrystone on a hardcore stone foundation; backfill and re-vegetate eroded bluff face with native vegetation and reconstruct (in-place with open-grate decking) and extend the existing bluff stairs over the proposed stone, and as depicted on the plan prepared by En- Consultants, nc. last dated June 16, 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 reC uired at a.fee of $50.00 per ~nspection. (See attached schedule.) Fees: $50.00 Very truly yours, Jam F~. King, Presi~tt Board of Trustees JFK/Ims James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit # 7033C Date: February 18, 2009 SCTM# 72-2-2.2 Name of Applicant/Agent'. Robert E. Herrmann/En-Consultants, Inc. Name of Permittee: Kevin & Alexandra O'Mara Address of Permittee: 160 East 83rd St., New York, NY 10028 Property Located: 14345 Oregon Rd., Cutchouge DESCRIPTION OF ACTIVITY: To construct +/- 226 If. of a double row of quarrystone on a hardcore stone foundation; backfill and re-vegetate eroded bluff face with native vegetation and reconstruct (in-place with open-grate decking) and extend the existing bluff stairs over the proposed stone. CONDITIONS: None INSPECTIONS: Final inspection. The Coastal Erosion Management Permit allows for the operations as indicated on the plan prepared by En-Consultants, Inc. last dated June 16, 2008. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) James F. King, President Board of Trustees Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 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., February 11,2009, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit and Coastal Erosion Permit applications of KEVlN & ALEXANDRA O'MARA to construct +/-226 If. of a double row of quarrystone on a hardcore stone foundation; backfill and re-vegetate eroded bluff face with native vegetation and reconstruct (in-place with open-grate decking) and extend the existing bluff stairs over the proposed stone. Located: 14345 Oregon Rd., Cutchogue. SCTM#72-2-2.2 Inspected by: Don Wilder, Jack McGreevy The CAC Supports the applications with the Condition erosion control devices are installed at the base of the supports of the stairs. 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 Boxl179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report KEVIN & ALEXANDRA O'MARA request a Wetland Permit & Coastal Erosion Permit to construct +/-226 If. of a double row of quarrystone on a hardcore stone foundation; backfill and re-vegetate eroded bluff face with native vegetation and reconstruct (in-place with open-grate decking) and extend the existing bluff stairs over the proposed stone. Located: 14345 Oregon Rd., Cutchogue. SCTM#72-2-2.2 Type of area to be impacted: ~Saqtwater Wetland Freshwater Wetland ~.-~ound Bay Distance of proposed work to edge of wetland Part 9f Town Code.proposed work falls under: ~apt.275 &-'/'Chapt. 111 other Type of Application:/~etland ~'astal Erosion ._.Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: J.King J.Doherty ~ickerson __ D. Dzen~-owski ~ark Terry~other :~ Form filled out in the field by D. Bergen__ B.Ghosio, Mailed/Faxed to: Date: Environmental Technician Review- Al ~EXANDRA & KEVIN O'MARA, 14345 OREGON ROAD~ CUTCHOGUE Figure 1. Looking west at condition of bluff face and stairs in August 2005. Figure 2. Looking southwest at condition of bluff face and stairs in June 2006. ALEXANDRA & KEVIN O'MARA~ 14345 OREGON ROAD~ CUTCHOGUE Figure 3. Looking northeast at condition of bluff face and stairs in August 2005. Figure 4. Looking northeast at condition of bluff face and stairs in June 2006. 'NEW YORK STATE DEPARn~ENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02918 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: KEVIN OMARA 64 EAST 86TH ST NEW YORK, NY 10028 Facility: OMARA PROPERTY 14345 OREGON RDISCTM 1000-72-2-P/O2.1 CUTCHOGUE, NY Facility Application Contact: EN-CONSULTANTS INC 1319 NORTH SEA RD SOUTHAMPTON, NY 11968 (631) 283-6360 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 709.9 NYTM-N: 4546.5 Latitude: 41002'33.6'' Longitude: 72030'09.7'' Project Location: 14345 OREGON RD CUTCHOGUE WATERCOURSE: LONG ISLAND SOUND Authorized Activity: Stabilize and restore bluff by placing 226 ft. of two rows of quarrystone over a hardcore stone foundation at the base of the bluff, place 25 cubic yards fill behind quarrystone as backfill, install plantings landward of quarrystone and on bluff face, reconstruct stairway down bluff and extend over quarrystone to beach. All work must be done in accordance with the attached plans prepared by Eh-Consultants, Inc. dated 10/24/05, last revised 6/16/08 and stamped NYSDEC approved on 6/25/08. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-02918/00003 New Permit Effective Date: 6/25/2008 Expiration Date: 6/24/2018 Page 1 of 6 ' NEW YORK STATE DEPARTMENT OF Facility DEC ID 1-4738-02918 ENVIRONMENTAL CONSERVATION NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: MARK CARRARA, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOK[50 CIRCLE RD STOb~~-3409 f.~ t~l~ Date Authorized Signature:{\_ Distribution List EN-CONSULTANTS INC Marine Habitat Protection CLAIRE K WERNER Permit Components .NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NATURAL RESOURCE PERMIT CONDITIONS- Apply to the Following Permits: TIDAL WETLANDS 1. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 3. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is pm-rnitted in wetlands and/or protected buffer areas. Page 2 of 6 ' NEW YORK STATE DEPA~ENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02918 4. NO Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. S. Seeding Disturbed Areas All areas of soi~l disturbance resulting from the approved project shall be stabilized as per the specifications of the approved plans immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 6. Clean Fill Only All fill shall consist of clean sand or gravel of beach COmpatible grain size, and must not contain asphalt, slag, flyash, broken concrete or demolistion debris. 7. No Beach Excavation For Fill No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 8. Backfilling All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads or other approved shoreline stabilization structures shall be COmpleted prior to placement of any fill material behind such structures. 9. No Equipment below Apparent High Water Equipment operation below (seaward) apparent high water is strictly prohibited. 10. Maintain Erosion Controls All erosion control devices shall be maintained in good and functional condition until the project has been completed and the area has been stabilized. 11. Plant Beach Grass The area of fill placement shall be planted with American Beach Grass planted 12 inches on center during the first growing season following placement, but not more than 6 months following the placement of fill. The permittee shall maintain a beach grass survival rate of at least 85% after 3 years. Any grass planted after April 15 of any calendar year shall be irrigated. 12. Vegetate All Disturbed Areas The permittee shall revegetate all exposed faces and disturbed areas to prevent soil erosion prior to the project completion or expiration date of this permit, whichever comes first. 13. No Runoff Down Bluff Or Onto Beach There shall be no discharge of runoff or other effilu~nt on, in or down the bluff face, onto the beach or over/through the revetment. 14. Revetment The top row ofquarrystone shall have a diameter ranging from 3 feet to 4.5 feet and the base row ofquarrystone shall have a diameter ranging fi.om 4 feet to 6 feet, on top ofa hardcore stone foundation, as shown on the stamped approved plans. IS. Storage of Equipment All motorized equipment musst be stored a minimum of 35 feet landward of the line of apparent high water. 16. Refueling No refueling of Vehicles or equipment may occur on the beach. 17. Replacement of Fill This permit authorizes replacement of 25 cubic yards of fill landward of the quarrystone on an annual Or as needed basis if necessary to maintain the slope of the bluff, Fill shall be tracked down the beach and must be beach compatible grtiin size. Page 3 of 6 NEW YORK STATE DEPARWNIENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02918 18. Stairway Design Projects involving the repair or replacement of an existing stair way or walkway, or sections thereof shall not exceed the width of the existing structure as depicted on the approved plans or a maximum of four feet whichever is greater. 19. Stairway Design The stairway must be constructed with open grate steps to allow sunlight to reach vegetation on the face of the bluff. 20. Inspect Bluff The permit holder shall conduct an inspection of the bluffon an annual basis prior to May 1st of each calendar year from the date of permit issuance for the life of the permit. A written record of the inspection must be completed which includes the date of inspection, and a description and color photographs of the condition of the bluffand structure. Each inspection record shall be provided to the Region 1 office of Marine Habitat Protection, SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, N.Y. 11790 21. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by En-Consultants, Inc. dated 10/24/05, last revised 6/16/08. 22. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its fomaer condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 23. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 24. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. Page 4 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02918 GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOKI50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the fight to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; Page 5 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL Facility DEC ID 1-4738-02918 CONSERVATION noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the pm'mittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including ali special conditions while acting as the permittee's agent with respect to the permitted activities, and such p~rsons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 6 of 6 BLUFF FACE TO BE WITH NATIVE BEACH GRABS, BAYBEI AND VIRGINIA CREEP 1"=60' OR NCLUDINO BOSE, I 2. ~¢f'dk Co, H~C. rm M~ 29 I'1 - ~000' E N- CONSULTANTS 1319 NORTH SEA RD, SOUTHAMPTON, NY 11968 631-283-6360 ~/o/? O$E?H A R[CC! ]GObl ROAD Pt~OPOBP BLUFF fOP 5TONB FOl~ R.I~XANPrA ANP I~VIN O' MAEA ON LONG I%ANP CUTCHOGtk, ~UFPOLK COUNTY, NY ¢H~T I OP 2 I0/24/0~, 6/I~/06, 9/I~/ I~×. 5fAIR5 0" ~O" PO5f5(1Ye,) HA~C~ 5fO~ POtli~AflON × ~dflON qt'kqJ FROFOS~P OL~5fON~ Al' fOf~ OF i3L~P g 5fAIR k~COId5fRLEflON E N- CONSULTANTS INC 1319 NORTH SEA RD, SOUTHAMPTON, NY 11968 631-283-6360 A.W~ -2' 95-20-1 (11/03) -gal New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Permit Number Expiration Date Regional Permit Administrator ROGER EVANS NOTE: This notice is NOT a permit OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator FEB i 2.009 Date: February 10, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit & Coastal Erosion Permit for KEVIN & ALEXANDRA O'MARA SCTM#72-2-2.2 En-Consultants, Inc. on behalf of KEVIN & ALEXANDRA O'MARA requests a Wetland Permit & Coastal Erosion Permit to construct +/-226 lf. of a double row of quarrystone on a hardcore stone foundation; backfill and re-vegetate eroded bluff face with native vegetation and reconstruct (in-place with open-grate decking) and extend the existing bluff stairs over the proposed stone. Located: 14345 Oregon Rd., Cutchogue. SCTM#72-2-2.2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with LWRP policy standards; provided the applicant demonstrate that the following LWRP Policy Standards and TOS Chapters 275 and 111 requirements have been met as outlined below. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. D. Use hard structural erosion protection measures for control of erosion only where: 1. Avoidance of the hazard is not appropriate because a structure is functionally dependent on a location on or in coastal waters; located in an area of extensive public investment; or reinforces the role of Maritime Centers or Areas for Concentrated Development. 2. Vegetative approaches to controlling erosion are not effective. 3. Enhancement of natural protective features would not prove practical in providing erosion protection, 4. Construction of a hard structure is the only practical design consideration and is essential to protecting the principal USe. 5. The proposed hard structural er~l~n protection measures are: a. limited to the minimum scale n/~lgary b. based on sound engineering practices 6. Practical vegetative methods have been included in the project design and implementation. 7. Adequate mitigation is provided and maintained to ensure that there is no adverse impact to adjacent property or to natural coastal processes and natural resources and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. The applicant must demonstrate that the proposed action will not increase the erosion onto nei~hborin~ properties or other locations pursuant to ~ 275-11 and § 111-15. § 275-11 Construction and operation standards. 13. Shoreline structures. The following standards are required for all operations relating to shoreline structures on residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. (1) Bulkheads, retaining walls, revetments and gabions. (b) Bulkheads on the Sound shall only be permitted when the likelihood of extreme erosion is demonstrated and it shall not increase erosion on neighboring properties. § 111-15 Erosion protection structures. The following requirements apply to the construction, modification or restoration of erosion protection structures: A. The construction, modification or restoration of erosion protection structures must: (1) Not be likely to cause a measurable increase in erosion at the development site or at other locations. The natural shoreline has an inherent natural, social~ and economic value that should be respected to ensure continuing benefits to the town, region and state. Hardening of the shoreline is to be avoided except when alternative means, such as soft engineering alternatives are not effective. Often hard shoreline structures such as the proposed action can contribute to erosion both on and offthe site due to poor desi~,n and sittine inhibiting, the down drift remediation of sand. Soft structural protection methods are to be used to conform to the natural coastal processes. Beach nourishment and re-vegetation are preferred approaches in controlling erosion because of the lower cost and fewer environmental impacts than hard structures. Hard shoreline protection structures should only be allowed when a property is in danl~er~ and no other alternative will save the structure. The portions of the Town's shoreline that are not fortified should generally remain in a natural condition ~o respond to coastal processes. Therefore, before a permit is granted for any hardened erosion control structure, the purpose, function, impact, and alternatives to the proiect must be carefully evaluated to determine whether the proposed structure is necessary and whether adverse impacts can be avoided or minimized. In the event that the proposed action is approved the following Best Management Practice (BMP) is recommended: 1) Require that the applicant provide w/timelines for administering stabilization plan for stabilizing the entire bluff including; toe, face and top of bluff. The BMP recommended above will maximize the capabilities of the natural protective feature (bluff), further advancing LWRP policy standards 4.1 Minimize losses of human life and structures from flooding and erosion hazards and 4.2 Protect and restore natural protective features. Figure #1 Easterly view of bluff erOsion on subject parcel. Figure #2 Beach stairs failing due to extreme erosion of biuff face. Figure #3 Westerly view of bluff erosion 0n SUbjeCt parcel. Figure #4 View of active erosion at top of bluff. Figure # 5 Active erosion of bluff face. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. James F. King, Presid{~ Jill M. Doughcrty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fex (631)765-1366 Office Use Only t/C~oastal Erosion Permit Application b/Wetland Permit Application -~' Major Waiver/Amendment/Changes ~/~--Received Application: J ./Received Fee:$ -~ompleted Applica~on Incomplete SEQRA Classification: Type I Type Il Unlisted Coordination:(date sent) -~Ac Referral Sent: [ [~-2,~_ .,.[~ate of Inspection: /~L_[ Receipt of CAC Report: Lead Agency Determination: Technical Review: ,.~4~iblic Hearing Held: Resolution: Minor Name of Applicant ALEXANI)RA & KEVIN O'MARA Address 64 EAST 86TH S32REET, NEWYORK, NY 10028 Phone Number: 212-74~7294 Suffolk County Tax Map Number: 1 000 - 72-2-2.2 Property Location: 14345 ~ ROAD, CUTCH(X]L~ (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN4DONSULTANTS, lINC. (If applicable) Address: 1319 NOR~IH SEA ROAD, SOUTHAIV~TO~ 11968 Phone: 631-283-6360 Board of Trustees ApF uation COASTAL EROSION APPLICATION DATA Purposes of proposed activity. TO STABILIZE AND RESTORE ERODING BLUFF. Are wetlands present within 100 feet of the proposed activity? NO X Yes Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? N/A (cubic yards) How much material will be filled? +/-25 .(cubic yards) Manner in which material will be removed or deposited: APPROXIMATELY 25 CUBIC YARDS CLEAN SAND WILL BE TRUCKED IN FROM AN UPLAND SOURCE AND DUMPED AS BACKFILL LANDWARD OF PROPOSED STONE ARMOR AND PLANTED WITH CAPE AMERICAN BEACHGRASS (12" ON CENTER). Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) IT IS ANTICIPATED THAT EMPLACEMENT OF THE PROPOSED STONE ARMOR WILL PROVIDE EFFECTIVE TOE PROTECTION FOR THE ERODING BLUFF SO THAT IT CAN BE EFFECTIVELY REVEGETATED AND STABILIZED. PREVIOUS ATTEMPTS TO STABILIZE THE BLUFF THROUGH VEGETATIVE PLANTINGS HAVE FAILED DUE TO TOE SCOUR, AS INDUCED BY THE DENUDED PORTIONS OF THE LOWER HALF OF THE BLUFF, WHERE FAILED EROSION CONTROL MATS (WHICH WERE INTENDED TO STABILIZE THE PLANTINGS) ARE VISIBLY EXPOSED. IMPLEMENTATION OF THE PROJECT IS CONSISTENT WITH SIMILAR BLUFF STABILIZATION EFFORTS ALONG THIS SHORELINE AND WILL NOT SIGNIFICANTLY ADVERSELY IMPACT NOR INCREASE EROSION OF THE FRONTING BEACH OR ADJACENT PROPERTIES. FURTHER, THE STONE ARMOR WILL BE DURABLE; CAPABLE OF WITHSTANDING INUNDATION, WAVE IMPACTS, WEATHERING AND STORM CONDITIONS; AND HAVE A REASONABLE PROBABILITY OF STEMMING THE CHRONIC EROSION OF THE BLUFF TOE. BOTH THE INTEGRITY OF THE STRUCTURE AND THE PROPOSED BLUFF PLANTINGS WILL BE MAINTAINED OVER THE LONG TERM TO ENSURE SUCH EFECTIVENESS AT CONTROLLING EROSION. 14-16~4 (2/87)--Text 2 ~ ~' PROJECT ID. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) FORM SEQR 1 APPLICANT/SPONSOR:ALEXAND]~ & KEVIN O'MARA BY I 2. PROJECT NAME EN-CONSULTANTS, INC. I 3 PROJECT LOCATION: Municipality CUTCHOGUE County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 14345 OREGON ROAD, CUTCHOGUE, TOWN OF SOUTHOLD, SCTM # 1000-72-2-2.2 5. IS PROPOSED ACT [] New ~ Expansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: a,S PREVIOUSLY APPROVED BY PERMIT NOS. 6248 & 6248C (AS AMENDED 7/23/08), CONSTRUCT +/-226 LINEAR FEET DF A DOUBLE ROW OF QUARRYSTONE ON A HARDCORE STONE FOUNDATION; BACKFILL AND REVEGETATE ERODED BLUFF FACE WITH NATIVE VEGETATION AND RECONSTRUCT (IN-PLACE WITH OPEN-GRATE DECKING) ~ND EXTEND THE EXISTING BLUFF STAIRS OVER THE PROPOSED STONE, ALL AS DEPICTED ON THE PROJECT PLAN 'REPARED BY EN-CONSULTANTS, INC., LAST DATED JUNE 16, 2008. Initially 141,118.67 S.F. acres Ultimately 141,118.67 SQ. FT. acres ~lYes [] No If NO, describe briefly [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other STATE OR LOCAL)? [] Y e s [] N o If yes, list agency(s) and permit/approvals NYS DEC TIDAL WETLANDS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? []Yes [] No If yes, list agency name and permit/approval NYS DEC TIDAL WETLANDS PERMIT #1-4738-02918/00003 []Yes []N o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~,pplicantlsponsor narae ROBERT E. H//Er~RMANN, COASTAL MANAGEMENT SPECIALIST DA TE JANUARY 28,2009 Signature: 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 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant'ALEXANDRA&KEVINO'MARA~ . SCTM # 1 0 0 0 - 72-2-2.2 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to Permit from the Board of Trustees to: request a AS THE PREVIOUSLY APPROVED BY PERMIT NO. 6248 & 6248C (AS AMENDED 7/23/08) CONSTRUCT +/-226 LINEAR FEET OF A DOUBLE ROW OF QUARRYSTONE ON A HARDCORE STONE FOUNDATION; BACKFILL AND REVEGETATE ERODED BLUFF FACE WITH NATIVE VEGETATION AND RECONSTRUCT (1N-PLACE WITH OPEN-GRATE DECKING) AND EXTEND THE EXISTING BLUFF STAIRS OVER THE PROPOSED STONE, ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC., LAST DATED JUNE 16, 2008. 2. That Review-is follows: the property which is the subject of Environmental located adjacent to your property and is described as 14345 OREGON ROAD, CUTCHOGUE 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 on:FEBRUARYISTH 2009~6:00P.M 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: ALEXANDRA & KEVIN O'MARA MAILING ADDRESS: 64 EAST 86TH STREET NEW YORK, NY 10028 PHONE %: 212-744-7294 Enc. : Copy of sketch or plan showing proposal for your convenience. 5 HUME 8,: MUTH LLC PROOF OF MAILING OF ATTACH CERTIFIED MAIL RECEIPTS Address: 13459OREGON ROAD SOUTHOLD, NY 11971 JOSEPH G. MAZI JR. IRREVOCABLE TRUST 9 ROCKHALL LANE ROCKY POINT, NY 11778 JOSEPH RICCI PETERFILIBERTO PAUL KEBER GALLAGHER LIVING TRUST 45 MATTHEWS LANE CUTCHOGUE, NY 11935 40-54 61ST STREET WOODSIDE, NY 11377 128 RALPH AVENUE WH1TE PLAINS, NY 10606 383 LARCHMONT COURT RIDGE, NY 11961 LIEB VINEYARD, LLC P.O. BOX 907 CUTCHOGUE, NY 11935 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E. HERRMANN doing business atEN-CONSULTANTS, 1NC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 being duly sworn, deposes and says that on the 2nd day of FRBRUARY ,20 09 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 there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON that said Notices were mailed to each of said persons by (certified) ~&~h) ma i 1 . ~ ROBERT E. HERRMANN Sworn to before me this 2nd COASTAL MANAGEMENT SPECIALIST day of FEBRUARY ,20 09 CIAL Lieb Vineyard, LLC P.O. Box 907 Cutchogue, NY 11935 OFF Paul Keber 128 Ralph Avenue White Plains, NY 10606 OFF CIAL Sent TO Gallagher Living Trust 383 Larchmont Court Ridge, NY 11961 Peter Filiberto 40-54 61 st Street Woodside, NY 11377 OFF tsent ro Joseph G. Mazi Jr. ............... Irrevocable Trust o~'~r~'g,~J'~o~~ 9 Rockhall Lane ~-~i~'~ Rock P ~ ............... y oint, NY 11778 i ~o /TM ro Joseph Ricci mm [~'c~.'.~: 45 Matthews Lane tx. |or PO eo~ mo. C ~ utchogue, NY 11935 Hume & Muth LLC t X'(~ Oregon Road Southold, NY 11971 Boardof Trustees Applica=lon AUTHORIZATION (where the applicant is not the owner) (print owner of Droperty) (mailing address) do hereby authorize IA/-CD~SucTd.uF3 ( Agent ) to apply for permit(s) from the Southold Board of Town .Trustees on my behalf. '. (Owner~sign/ure) ' Board of Trustees ApOcation County of Suffolk State of New York L. I~. O' ~ctA ~-~ ~mODU~¥ SWO~N DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOK TI-{E ABOVE DESCmED mU~T(S) A~m n-I~T XCL ST^r~mwrs CON~Xn~D I-m~m A~ ~ ~o ~ s~s~ o~ ~s~ ~O~DG~ ~ s~m~, ~ ~ ~ wo~ ~L BE DO~ ~ ~ ~R SBT FORTH ~ ~S ~PLICATION ~ AS MAY BE ~PRO~D BY ~ SOU~OLD T0~ B0~ OF ~USTEES. T~ ~PLIC~ AO~ES TO HOLD T~ TO~ OF SOUTHOLD ~ ~ TO~ ~US~ES ~ESS ~ F~E ~OM ~ ~ ~L D~AGES ~ CL~S ~S~G ~ER OR BY ~ OF S~ PE~T(S), · G~. ~ CO~LET~G ~S ~PLICATION, I ~BY A~O~E ~ ~US~ES, T~ AG~T(S) OR ~P~SE~ATI~S(S), TO E~R ONTO ~ PROPEKTY TO ~SPECT ~ P~SES ~ CON~CTION ~TH ~W OF ~S ~PLICATION. SWORN TO BEFORB IVfE THIS 2V't'~ DAYOF 0~-~66~r" ,20OS Notary t~ublic AURELIA LYLES Notary Public, State of New Yo~k No. 01LY6018951 Qualified n Kin~3s Courlty _ Corem ssion Expires February 01, 20~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ]]lf Town of Southo]d's Code of Bthies vrohibits conflict~ of'interest on the oart of town officers and emolovees, The vu'~ose of ~tis form is to provide information which can aler~ the town of~ossible conflicts of interest and allow it to take whatever action is - (Las~ name; first name, mid~l¢ initial, unless you ara applying in the name of someone else or o~har entity, such as a company. If so, thdicate the other person's or company's name.) NAM~ OF APPLICATION: (Check all that apply.) Variance Change of Zone Approval of plat Exemption from pla~ or official map Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) hove a relationship with any officer or employec of the Town of Southold? "Relationship" includes by blood, maniage, or business interest. "Business interest" means a business, including a parmership, in which the town officer or cmploycc has cyan a pan'iai ownership of(or employmcnt by) a corporation in which the town officer or amploye~ owns more than 5% of the shares. YES NO ~7 If you answered '~YB", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of $outho, ld Title or position of that person Describe the relationship be~veen yourself (the applicanffagent/representativo) and the town officer or employee. Either check thc appropriae line A) through D) and/or describe in the space provided. The town officer or cm;Ioyce or his or her spouse, sibling, parent, or child is (check all that apply): A) tho owner of ~rea~er than $% of the shares of thc corporate stock of the applicant (',,~hon the applicant is a corporagon); B) the leal or bev. eric/al, owner of any interest in a non-corporate entity (when thc applicant is not a corpomion); C) an officer, director, partner, or employee of thc applicant; or D) the aatual applicont DESCRIPTION OF R~LATIONSHIP Submitted this day of. / 20.0 ?rintNan~ Z_//e94~t~t _,,~-ff-~ / ./14_a~.,-,.~n~Ou4et Town of Southold A. INSTRUCTIONS 1, LWRP CONSISTENCY ASSESSMENT FORM Allapplicantsf0rpermits* including T0wn0fS0uth01dagencies,shallc0mpletethisCCAF for proposed actions that are subject to the T0wn of S0uth0ld W aterfr0nt C0nsistency Review Law. This assessmentisintendedt0 supplement0therinf0rmatinn used by a T0wn0fS0uth01dagencyin m aking a determ inati0n 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supl~ortin~, and non- sul~oortim, facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 72 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. DESCRIPTION OF SITE AND PROPOSED ACTION 2 2.2 PROJECT NAME ALEXANr>P.^ & r, EVm O'MARA The Application has been submitted to (check appropriate response): TownBoard ~] PlanningBoard[~ BuiidingDept.[~] Board of Trustees [~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: AS PREVIOUSLY APPROVED BY PERMIT NOS. 6248 & 6248C (AS AMENDED 7/23/08), CONSTRUCT +/-226 LINEAR FEET OF A DOUBLE ROW OF QUARRYSTONE ON A HARDCORE STONE FOUNDATION; BACKFILL AND REVEGETATE ERODED BLUFF FACE WITH NATIVE VEGETATION AND RECONSTRUCT (IN-PLACE WITH OPEN-GRATE DECKING) AND EXTEND THE EXISTING BLUFF STAIRS OVER THE PROPOSED STONE, ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC., LAST DATED JUNE 16, 2008. Location of action: 14345 OREGON ROAD, CUTCHOGUE Site acreage:. 3.24 ACRES Present land use: RESIDENTIAL, ONE-FAMILY DWELLING 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: EN-CONSULTANTS, INC. (b) Mailing address: 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 (c) Telephone number: Area Code 631-283-6360 (d) Application number, if any: 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?_ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section II1 - Policies Pages 6 through 7 for evaluation criteria [~ Yes [~] No [~ Not Applicable 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 ill Not Applicable The proposed toe stone is consistent with Policy 4, as the proposed hard structural erosion protection measure is being proposed only where a non-structural, vegetative erosion control program was implemented but ineffective; where the natural protective feature -in this case the bluff- cannot be effectively enhanced without stabilization of the blufftoe; where a hard structure is the only design consideration that can practicably and effectively provide such toe stabilization; where the proposed protection measure is engineered to provide 30 or more years of effective erosion control but also designed as naturally as possible (i.e., using sloped, natural stone instead of vertically faced retaining wall); where vegetative bluff face enhancement is incorporated into the project design; and where, due to the natural angle of the stone, them will be no adverse impacts to the adjacent properties. Them will be no significant direct or indirect costs incurred by the public as a result of the implementation of the project. 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 [~ NotApplieable 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. 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 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. 7-1 Yes [--1 No [~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~-~ No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect South water-dependent uses and prom iting suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 [--] Yes [--] No [~ Not Applicable of new water-dependent for evaluation criteria. uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [--] Yes [--] No [~ Not Applicable 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 Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. [--] Yes [--] No [~ Not Applicable PREPARED BYROBERT ~.'i~slRRMAN'~r-~7'~ --N ~ TITLEcoASTAL MGMT SPECIALIST DATE 1/28/09 Amended on 8/1/05 EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsulta nts.com January28,2009 Town of Southold Board of Trustees 54375 Main Road Post Office Box l 179 Southold, New York 11971 Attn.: Lauren Standish Alexandra & Kevin O'Mara 14345 Oregon Road, Cutchogue SCTM # 1000-72-2-2.2 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 3. 4. 5. 6. Three (3) Wetland & Coastal Erosion Permit Applications including a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; and c) project plans. One (1) set of site photographs. Copy of DEC permit # 1-4738-02918/00003. Copies of Southold Trustees permit #6248 & 6248C. Application fee of $500.00 wetlands. Three (3) LWRP Consistency Assessment Forms including a) project plans. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. S~f~rrmann - Coastal Management Specialist /kbs Enc. CLUFF FACE TO BE WITH NATIVE VEGETATI[ BEACH GRASB, BAYB£1 AND VIRGINIA CREEPE[ ROSE, ±193 ( Cr.:SULI,~':ITS fi, lC. SEA RD. ~U~?TON, i'1.1:11968 051-233-6300 N/OffF O$¢PH A EGON ROAD PI~OPOf:C.P BLUff fO~ 5fON~ POR AL~XANPleA RiP I~VIN O'/V V CA ON LON6 I%AklP ¢OLINP, CLifCHOdLIP., f:,IJPPOI. K COLINfY, NY ¢H~P.1'I OF 2 IO/2410~, 61 IT1 06, 91 I~1 06, 61161 08 FFPRO)(, 25 CY Gl. SAN 5ANP D,~I~ILL 1'0 I~ PLANl%P WlTH ~AL:H fiPd~,55 (12I' O,C,) / / PROPOS~P t20LI~OW O~ QUz~YGYON~ I~MOV,~L~ ~CflOkl OP 9'FAIN5 6" ×6' ?051'5 ('lYe,) H~PUOf~ 5fON~ P~NPAflON ¢CqON 1141~&1 ?~OPOCP QLIA!~EYSfON~ Al' fob OP ¢LLIPP S 5fAIR H~CONS~LIUflON LONG N 79'59'77" E COASTAL EROSION HAZARD LINE TAKEN FROM COASTAL EROSION HAZARD AREA MAP PHOTO No 58-54g-B3 SHEET 5 OF 49 ISLAND LIN[ SOUND 229.72' SURVEY OF PROPERTY SITUA T£D A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-72-02-2.2 SCALE 1"=50' SEPTEMBER 9, 1999 JUNE 26, 2001 ADDED TOPOGRAPHICAL SURVEY JUNE 25, 2005 FOUNDATION LOCATION MAY 24, 2004 FINAL SURVEY JULY 19. 2005 ADDED ELEVATIONS NOVEMBER 2, 2005 RE-STAKE TOP OF BLUFF DECEMBER 12, 2005 LOCATE POST & RAIL FENCE AND STONE FEBRUARY 21, 2006 LOCATED POST & RAIL FENCE MARCH 17, 2006 RELOCATE TOP OF BLUFF, BOI%OM OF BLUFF AREA = 135,638.42 sq. fl, (TO TIE LINE) $,114 ac. S,C.D,H.S. No. R10-01-0162 PILLAR & H.W.M. NOTES' 1. LOT NUMBERS SHOWN FHU$:£OT f(.~ REFER TO PROPOSED MINOR SUBDIVISION FOR BAXTER SOUND ESTATES 2. ELEVATIONS ARE REFERENCED TO N.G.V,D. ]929 DATUM EXISTING ELEVATIONS ARE SHOWN TNUS:~ 3. PROPERTY ADDRESS: 14345 OREGON ROAD CUTCHOGUE, NEW YORK 11935 CERTfFIED TO: AQUEBOGUE ABSTRACT CORPORATION KEVIN R. O'MARA ALEXANDRA R. O'MARA $ 5~'A~'50'' ~ PHONE (631)727-2090 Fax (631)727-1727 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF 98 682T