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HomeMy WebLinkAbout1000-10.-1-9 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O, Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Principal Planner Date: April I5, 2008 Proposed Permit to Wetland Permit for FISHERS ISLAND YACHT CLUB SCTM#1000-10-1-9 Docko, Inc. on behalf of FISHERS ISLAND YACHT CLUB requests a Wetland Permit to replace an existing 6'X 95' main float with a 6'X 95' concrete float, construct a 6'X 30' main float extension, install four new 3'X 24' finger floats with associated restraint piles, add a 30 sf. pier extension and three braced 'fender/tie-off piles to an existing fixed pier, all waterward of the apparent high water line. Located: Central Ave., Fishers Island. SCTM#1000-10-1-9 West Harbor is the main maritime center on Fishers Island and is the focus of water-dependent use and recreational boating activity. The Harbor encompasses upwards of 165 acres~ and has an average deoth of approximately 3 feet near the head of the Harbor and 10 feet at the mouth. The tidal range is about 2.5 feet. The West Harbor channel is federally marked and maintained. It has a navigable depth of 12 feet for a width of I00 feet. The channel to West Harbor was dredged in 1971 when 43~100 cubic yards were dredged and disposed of at Due to the geography of Fishers Island, the transportation of residents to and from the mainland requires a water-dependent use and structures to support such use. The term Water-dependent nse means a business or other activity which can only be conducted in~ on, over~ or adiacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity~ the use of the water. Existing uses should be maintained and enhanced where possible and appropriate_ The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policies 6.3~ and outlined below. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply ~vith statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [l] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [11 ] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. In the event that the action is approved it is recommended that the application be amended to meet the following Chapter 275 regulations. 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the D'ustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation ora silt fence, hay bales, wood chip berm and sill 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 all suspended sediments within the immediate project area. It is recommended that the silt boom be deployed during the construction of the dock structures. [3] In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as 'CCA "), commercial copper quat (CCQ), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Similarly, the use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be determined at the discretion of the Trustees. Minimize the use of CCA treated wood in marine waters. In addition Chapter 275 requires that additions to existing marinas require the establishment of a pump-out facility for vessel sanltar¥ waste (see below language) Commercial doek6' (marinas, yacht clubs and restaurants). [bI Construction o[new marinas and additions to existing marinas shall require establishment o[ a pump-out [acilitF {'or vessel sanitar~ waste. It is recommended that the establishment of a pump-out facility for vessel sanitary waste or a pump-out boat service plan be required to be submitted to the Board if the action is approved. The above will further Policies 5 Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action 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 imended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except for minor exempt actions including Building Permits and other ministerial permits not 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 fist, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action wilt 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 ,~.u~ be explained in detail, listing both su~oortin~ and non-supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: ~Ul_'U)9 9[ th~ TOwn of Southold's website (southoldtown.northfork.net),.. the Board of Trustees' Office, the Planning Department, alt local libraries and the To. wn~l~k's Office. The Application has been submitted to (check appropriate ~esponse): Town Board Planning Board __ Building Dept. Board of Trustees ,X. t. Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) b) Financial assistance (e.g. grant loan subsidy) c) Permit, approval, license, certification: X Nature and extent of action: Replace an existing 6' x 95 (+/-) LF main float with a 6' x 95 (+/-) LF concrete float, construct a 6' x 30' main float extension, install four new 3' x 24' finger floats with associated resmfint and tie-off / fender piles and add a 30 (+/-) SF pier extension and three braced fender tie-off piles to an existing fixed pier all waterward of the apparent high water line. Location of action: Central Avenue, southwest comer of West Harbor Site acreage: Present Land use: Commercial Present Zoning Classification: Commercial 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: a) Name of applicant: Fishers Island Yacht Club b) Mailing Address: c/o Mr. Burton Tremaine, P.O. Box E, Fishers Island, New York 06390 c) Telephone number: Area Code (631) 788-7036 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? US ACOE, NYS DEC C. Evaluate the project to the following policies by analyzing how the project will further support of not support the policies. Provide all proposed Best Management Practices that wffi further each policy. Incomplete answers wffi requ/re 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 eoast~,d Ioc~t~m, and m~'mfizes adverse effects of development. See LWRP Section IH - Pol~¢i~; Page 2 for evaluation criteria. X Yes __ No __ Not Applicable See attached Narrative Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section IH - Policies Page 3 through 6 for evaluation criteria. __ Yes __ No X Not Applicable 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes __ No X Not Applicable NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section IH - Policies Pages 8 through 16 for evaluation criteria. __ Yes __ No X Not Applicable Policy 5. Protect and improve water quality and supply in the Town of Southold. Sec LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria. Yes __ No X Not Applicable This proiect wi}l not have any affect on suitability of or availability of drinking water on Fishers Island. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. X Yes No __ Not Applicable See Attached Narrative Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. __ Yes No X Not Applicable There are no air quality issues related to this pro}eot. No emissions will be generated by the stone wall and pier modifications. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criterhr. __ Yes __ No X Not Applicable There is no solid waste or hazardous substances to be generated from this project. The pressure4xeated wood trimmings from the dock construction will be collected and disposed of in accordance with current regulations so as to minimize any harmful affect. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation criteria. Yes __ No X Not Applicable This project is being built on private land. The public mast lands and waters constitutes the area between the mean high water line and mean low water line and the resources are from the high tide line, out. These environmental resources are being protected by the design standards dictated by the NYS DEC and the non-vegetated buffer to be established by the upland work proposed. There is virtua}lv no public use of the waterfront in this area and the reconstruction of the pier and landward extension above the apparent high water line are not likely to intluenee or change this fact. 4 WORKING COAST POLICIES Policy 10. Protect Southold's water-depemlent uses ami promote siting, of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. X Yes __ No __ Not Applicable This project is developing and enhancing the water dependent facilities of the site for active and passive recreational opportunities in balance with the support capabilities of the land and resources. Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peeonic Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. Yes __ No X Not Applicable The facility improvements deal strictly with active and passive recreational uses of the site and are limited in size. This pier is not used for commercial fishing or shellfish industries or enterprises. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable This pier is not used for or in support of any agricultural or aquaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Se¢!i_on 111 - Policies; pages 65 through 68 for evaluation criteria. Yes __ No X Not Applicable This pier is not used for or in support of any energy or mineral mining or processing operations. PREPARED BY _Keith B. Neilson, P.E., Docko, Inc. TITLE Agent _ DATE February 2008 FISHERS ISLAND YACHT CLUB WEST HARBOR, FISHERS ISLAND NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION FEBRUARY 20, 2008 GENERAL Fishers Island Yacht Club owns parcel 1000-010-1-9 off of Central Avenue located along the west shore of West Harbor on Fishers Island. The site is gently sloped, sandy, gravel earthen materials, vegetated with grass, brush, ground cover and trees. The frontage of thc property is approximately 300 feet along West Harbor abutted by the Goose Island Corporation to the east and Mr. & Mrs. Gregory Sharp to the west. The waterfront consists of a rocky revetment lined shore along the north, tidal wetlands vegetation at the base of the gently sloped tree-lined lawn to the south of the pier. It is the Fishers Island Yacht Club's desire to make dock modifications to their piers and floating dock system north of the main pier and make a waters-edge walkway along the west shore lawn area. Attached are application drawings prepared for this project. This supplemental narrative has been prepared in accordance with the requirements of Town of Southold, Ordinance No. 6, 2004, and the Waterfront Revitalization Program related to docks and shorefront improvements. In addition, various coastal policies under the New York State Coastal Management Act are addressed herein for review by the New York State Depadment of State and Department of Environmental Conservation. DESCRIPTION OF WORK The project is to replace various wood fioating docks with concrete fioating docks and finger piers, make minor modifications to the "Sea Stretcher" fixed pier and make a shoreline walkway and 10-foot non-vegetated buffer behind the shoreline revetment in accordance with existing guidelines set forth in the Town of Southold ordinan~:e No. 6, 2004. It is envisioned that this structure will be built utilizing the following general sequence and methodology. The marine contractor will arrive by water with barge-mounted crane and push boats. The existing floating docks and pier will be cut up and materials will be deposited in a land or barge-based dumpster for removal from the site and the island. New floating docks, manufactured off-site, will be delivered by land or water to the site, launched and assembled in position. New piles will be driven starting at the shore end of the "Sea Stretcher" pier and proceeding eastward at intervals. These piles will be driven by double-acting air hammer to a beating resistance of approximately 20 tons. This generally results in about ten feet of embedment of the pile in the beating stratum. These piles will be 10 to 12-inch nominal diameter measured at three feet fi:om the butt. Similar piles will be driven at the backside of the crest of the shoreline revetment along the west side of the crest to support the wood retaining planks and form the wall support foundation. After the fixed pier support piles are installed, split caps (also referred to as split clamps) consisting of a pair of pressure treated Southern Pine timbers ranging from 3 x 10 to 4 x 12 nominal dimension, will be bolted to the piles transversely forming a pile bent. Stringers will be then laid on the split caps parallel to the length of the pier. In all likelihood, four to five runs of slringers will be set diminishing down to two at the waterward end of the pier and will probably consist of 3 x I0 pressure-treated Southern Pine. The outer stringer on each side will be bolted or spiked to the pile to take care of any uplift forces that this pier might be exposed to. After the stringers have been connected to the piles and split caps, the decking will be installed. In accordance with Town of Southold's Ordinance No. 6, 2004, this decking will be oak, cedar hardwood or plastic / composite such as Timber Tech or similar synthetic material with the brushed side mounted up, not be CCA pressure-treated Southern Pine. If Timber Tech, it will be either gray, brown or natural in color. Decking wilt be attached to the stringers utili~ring galvanized nails or staillless steol flathead square-drive wood screws about 3 inches long and will be set with a ¼" gap between deck planks. The over-water decking will match the profile of the existing pier level at an elevation of five feet above MLW. The piles will be about 42 inches above the deck surface and have horizontal safety rail members mounted to them as required for safety. A rail of cedar, oak, hardwood or Timber Tech material will be installed for safety. A new hinged ramp will be installed at the east end of the pier so as to land on the new concrete float. This will be a wood ramp, made of pressure-treated framing and posts with non-CCA wood or Timber Tech decking. If necessary, the ramp could be built of alominum. LOCAL WATERFRONT REVITALIZATION POLICIES The Town of Southold, LWRP policies that are applicable to tbe~ Hay Harbor Club dock extension are a local refinement of the Long Island Sound Regional Coastal Management Program policies that apply throughout Long Island Sound. The Hay Harbor Club site is in Hay Harbor on Fishers Island and is characterized as Developed Coast on the east shore at the Hay Harbor Club site to the parcel north and south shore and currently undeveloped coast or natural coast on the west shore The developed coast policies are applicable as follows: 2 Policy 1 is to foster a pattern of development that enhances community character and preserves natural resources to the maximum extent and minimizes adverse impacts on the environment, Policy 2 is to preserve historic resoumes, Policy 3 is to enhance and protect scenic resources and visual quality. The proposed dock modifications are consistent' with waterfront development on Fishers Island and in coastal areas. The repair and proposed work is reconstruction of existing piers and floats. The pier will be made of timbers and utilizes the materials allowable under Local Law #6 and consistent with other adjacent dock facilities and characteristics for the visual and scenic considerations in the harbor. The encroachment has been minimized to the maximum possible extent to be consistent with DEC policies and the structure is as low profile as possible consistent with the safe and efficient use of the waters and consistent with the tidal range of this site. NATURAL COAST POLICIES The Natural Coastal Policies are 4 through 8 and require consideration as follows: Policy 4 - Minimize loss of life, structures and natural resources from flooding and erosion, Policy 5 - Protect and improve water quality Policy 6 - Protect and restore the quality and function of the eeo-system, Policy 7 - Protect and improve air quality, Policy 8 - Minimize environmental degradation primarily from solid waste and hazardous substances. The proposed floating dock and pier reconfiguration has been laid out so as to be consistent with the DEC permit requirements for such structures. As such, it provides adequate height to clear environmental msouroes of concern and the materials to be utilized are consistent with Town of Southold's Local Law #6 regarding environmental quality and the use of pmssure-tmated Southern Yellow Pine timber components in particular. Them will be no adverse impacts on air quality as a result of these dock facilities. PUBLIC COAST POLICIES Policy 9 sets forth a priority to provide for public access and recreational use of coastal waters, public lands and public resources of the Town. This project maintains swimming and recreational and emergency (ambulance) boating facilities and so is consistent with this policy. WORKING COAST POLICIES The policies of this section relate to the following: Policy 10 - Protection of the Town's water-dependent uses and promoting new water- dependent uses in suitable locations, Policy 1 t - Promoting sustainable use of living marine resources, Policy 12 - Protect agricultural lands, Policy 13 - Promote appropriate use and development of energy and mineral msonru~s. While most of the Working Coast Policies are not applicable to this site or this type of project, Policy 10, promoting water-dependent uses and the citing of water-dependent uses in appropriate areas is applicable and the proposed project makes the most beneficial use of the land and dock facilities. This project has been laid out with specific reference and review of the Waterfront Revitalization Program policies and is considered to be consistent. In summary, the proposed dock modifications, repair and reconstruction is typical of recreational boating facilities throughout the area and all along coastal New England. The structures have been minimized in size, height, and structure so as to be consistent with other facilities ora similar nature and the minimum necessary components to accommodate safe and efficient boating operations from this site. This project does not interfere with public access or use of public tmst waters and lands of the State, it does not interfere with navigation, it will not create soil or sedimentation and dredging will not create erosion problems, in fact, the wood retaining structure should help minimize bank erosion. The pier reconstruction does not adversely affect environmental resources in the area where the facility must span the shallow sub-tidal zone at the shore line, the facility retains its alignment in the area where environmental resources have already been diminished so as not to worsen any of these conditions. The height of the structure has been maintained so as to allow vegetation growth along the shoreline by tidal wetlands plants if other conditions are conducive to such growth. The float re-alignment has also been configured reaching out to deep water thus further minimizing adverse environmental impacts. There is no loss of valuable marine and wetland habitat and no water quality degradation as a result of this project. Reference is made to the NYS DEC study from 2000 indicating the suitability of pressure-treated Southern Yellow Pine piles and super-structure components for this type of purpose. In accordance with Local Law #6, decking for the floats and the pier and the ramp treads will be of woods or materials other than Southern Yellow Pine. No natural protective features or processes will be adversely impacted as a result of the proposed dock work. This project is consistent with zoning policies and ordinances for the Town. There will be no development of the upland related to this dock facility that will create point sources of pollution or drainage. The floating docks are the minimal size for stability considerations especially acknowledging the loading and waves from West Harbor and the floating dock is broadside to those waves. The float is suitably sized and adequate stable for a ramp land'mg and the ramp has been made no longer than absotut64y necessary in order to minimize the pier structure. REQUIREMENTS OF SECTION 97-25 OF THE WETLANDS LAW 6~ 2004 The permittee acknowledges that the validity of this permit is subject to the approval of other governmental or municipal authorities. The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property result'rog from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers. 4 The permittee gives consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit. The permittee will notify' the Trustees in writing one week prior to initiation of any and all operations. The permittee will notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance for a certificate of compliance. In response to Sub-section 2a and the General Rules for Standards of Residential and Commercial Docks, the following additional information is offered. Permits for the work are being applied for through the Town, US ACOE, NYS DEC and a coastal zone consistency determination by the NYS DOS. The new piles to be ins~of sturdy, durable and stable materials; in all likelihoo~ Greenhar~or CCA pressure-treated Southern Yellow Pine (SYP) piles wilh~ae.w~plit caps and braces of the same SYP materials. These members will be a minimum of 3 x 8's and more often, 3 x 10's with at least one ~A" bolt per connection, and in many cases, two 3A" bolts per connection. This pier is a fixed, pile-supported timber structure with a float and therefore will not adversely affect the free cimulation of water or reduce the effects of fluctuating water levels in Hay Harbor. In addition, the pier does not present any adverse modification of the shoreline. The pier's elevation is such that in extreme high flood tides the structure will be inundated. The structure's SYP timber materials are specifically grown for this purpose and are capable of withstanding full immersion and represent the standard of the industry. With the connections described above, this structure wilt be able to survive repeated inundations and even direct waves at high tide elevations with a structural life of 10 to 20 years. The pier support will include driving new piles at regular intervals to the maximum extent possible in order to obtain the desired pier alignment and support intervals. The use of CCA pressure-treated piles and timbers can be approved for this project in accordance with Local Law 6. The pier and new floats will not be decked with CCA pressure-treated Southem Pine. This pier extension provides a safe pedestrian surface for access to the sail boats and windsurfing equipment. Forty-two inch rails may be installed on the overland section of the pier for safety. o The 15-foot clearance specified in this paragraph should not be an issue because the reconstruction does not project into the navigation way for other boaters in the harbor or adjacent docks. 5 Upon receipt of the permit for this project, appropriate permit numbers and a Town permit placard will be affixed to the most seaward face of the pier for identification from the water. There are no permanent structures located above the pier decking nor are any planned at this time other than the power post and railing which are fixed by function. It is currently possible to provide a five-foot passage way on the upland to get around this pier and that access ability will be retained landward of the fringe marsh. There is no room to walk under the pier at low tide, however, foot traffic in this area is rare, if at all. NEW YORK STATE COASTAL MANAGEMENT PROGRAM These application documents include a copy of the Federal Consistency Assessment Form utilized for the New York State Coastal Management Program under the jurisdiction of the New York State Department of State. The following policies have been identified as pertinent to this application and the reason for consistency associated with this project is outlined in each respective case. Policy 2 -Water Dependent Uses - This project is to repair, restore and, to a small extent, re- configure a fully functional water dependent use, a recreational boating dock and separate swimming pier facility at this site in support of recreational boating. Policy 5 - Use of Existing Developed Shorefront - There is no developed shoreline on this site. This project utilizes existing shorefront which has been altered by the long-standing facilities. The project will be to re-build and repair existing to make it safe and reliably usable in most weather conditions. Policy 7 - Significant Fish & Wildlife Habitat - Protection of significant fish and wildlife habitat has been considered in the development of this project layout. The dock to the shoreward point of beginning is over the rocky, vegetated shoreline fringe and above the rocky intertidal sediments and should not jeopardize the integrity of existing vegetation. Typically there is a slight environmental benefit to the project because of the structure in the water column where barnacles, algae and crustaceans will inhabit. Policy 8 - Protection & Preservation of Habitat - Protection and preservation of habitat has also been considered in this project and the dock structure is being kept to its minimal configuration and of materials consistent with standards of the industry and restrictions set forth in the Wetlands Law, No. 6, 2004 set forth by the Town of Southold and standards of the NYS DEC. Policy 11 - Minimize Damage to Natural Resources - The dock construction project has been laid out in such a way so as to minimize damage to natural resources as identified in Policy 7 above. The pier reconstruction has been sited in the area where the existing pier has already impacted shoreline vegetation but will have rather minimal adverse impacts. 6 Policy 14 - No Measurable Increase in Flooding - This project consists of construction of an open wood pile and timber pier which in no way adversely affects waterflow and circulation in Hay Harbor or flooding potential of the area. Flood levels all around Fishers Island are dictated by water levels in Long Island Sound, Fishers Island Sound and Block Island Sound and the structures will have no adverse influence on those levels. Policy 15 - No New Dredging- Dredging is not proposed in this project. Policy 19 - Impact on Public Access - Public access will not be jeopardized or impeded as a result of this project. As a matter of fact, there is almost no public access usage of the public trust lands or waters at this site. The intertidal zone is significantly covered by boulders and tidal wetlands fringe marsh vegetation. The pier and float occupy the landward 25% of the waterway width in accordance with US ACOE policies. Thus, public access to the State's lands and waters will not be adversely affected by the project. Policy 20 - Public Trust Compatibility with Existing Adjoining Properties and Land Uses- Public Trust compatibility with existing adjoining properties and land uses have also been considered in this project. Several nearby properties have small docking facilities and this docking facility will not interfere with existing or the likely configuration of future facilities on immediately adjoining properties or the logical allocation of littoral developmem rights. These piers are long-standing structures. Policy 21 - Water Dependent Recreation - This project is consistent with water-dependent recreational opportunities policies set forth in this section. Policy 24 -Scenic Resources, Impairment or Loss - This policy is designed to prevent impairment or loss of scenic resources. The reconstruction of the fixed wood pile and timber pier are float reconstruction and reconfiguration and will not represent a new encroachment or structure which would create a loss of scenic resources. The elevated inboard landing section of the pier will bo largely over-shadowed by the phragmitae growth, the spartina fringe marsh on the site. Policy 25 - Enhance Overall Scenic Quality - The pier and float work will be consistent with the scenic quality of the area and will not diminish scenic resources as described in Policy 24 above. Policy 44 - Preserve and Protect Tidal Wetlands - It is acknowledged that the fragmented fringe marsh of spartim altema tom along the shorefront is a valuable resource. The reconstruction of the fixed wood pile and timber pier has taken advantage of the existing un- vegetated strip of the shoreline caused by the existing pier in order to avoid adverse wetlands impact. The height of the pier should allow opportunities for the growth of the spartina fringe marsh naturally up to, and to an extent, beneath the wood pier. 7 SUMI~IARY This project proposes the repair and reconstruction of a long-standing pier and recomqguration of floats for recreational boating access. A copy of all US Army Corps of Engineers, NYS DEC and Town of Southold applications are attached as substantiation for this project. This project complies with applicable standards of the New York State Coastal Management Act, NYS / DEC Tidal Wetland Regulations and criteria for approval, the Town of Southold Waterfront Revitalization Program and Local Ordinance No. 6, 2004 and its approval is respectfully requested. Respectfully submitted, Keith B. Neilson, P.E. 8 N NOTF--~: OF 1. ELEVATION DATUM IS MEAN LOYV WATER FI.E, HEP.~ I~LANE) 2. "nDE DATA IS TAKEN FROM THE °007 NOAzs, TIDE T, A6LES. YACHT CLUB REFE~NCE STATON: 'WE~T HA~.BOR, FlSHE~.~ I~.ANO NY 9, PROJ~ ~iF~ON: I;~PLAC~ ,AN [E>3.STIN~ ¢' X 9,.~.LF M,~N FLOAT ',A,I'TH A ~' X 95iL~ C_4::;~GP~*E FL.OAT. C~2NSTR~J~--F A ~' X 3C7 M~AIN FLOAT EXTENSION, INSTALL. FOU~ NE'~V FLOATS ~ A~IATE. D ~J~NT AND TIE-OFF/FENDER I:;ILE~ ~ ,ADD A ~SF EXTENSION ,aND THREE E,R.,~CED FENDER/TIE. OFF PILE...~ TO AN EXISTIN~ FIXED PIER, ,ALL '~,/ATER',,V, AP.D OF THE .AF~AEENT HIgH WATER LINE. 4-. PROJECT I::~U~: THIS IS A y, ACHT CLUE FOR RE~CR~.~,~ON/N.. ..~,/NLIN~ I::'RO~RAMS ,AND E, ERTHIN~ FOR THE FIE~ER.~ [~LAND MEDIC, z',L EMERGENCY TRANE~:~)RTATION VESSEL .5. THE.~E AI::'PDCAq]ON IDI~,WlN~S REI::~RE~ENT A C(DM~IL.A'nON ~UR~8'Y F-OR PERM~I' EAST: ~OOSE ISLAN[~ CORP. PENELOPE C, PENINSULA RD. 22.5 REEDS G,z~P RD. 9VATER'¥VAY: ',NE~T HARBOR DATE: OCTOBER ~, 2007 AJ:~/:~ICANT: R~HE~ ~O Y~ 5HE~ 1 OF D ~c, ~ ~355 8~ 572 8939 F~ KeWn Nellmon, IDc~ko Inc. OOCI( i'ffOOIFICA TION.~ TOWN OF SOLrT'HOLD COUNTY OF SUFFOLK--,, NE'A/YORK STOGKADE UhlT 6.7 0 / IalE. R,!E~CFENSION mOJECT: DOCK. MODIFICATIONS bOCATION: FI~HD~.G I.GLAND - TOWN oF .~OL..q'NOLD C, OUNI'Y oF ~UFFOL.% NEW YOP-K FENOER/TIE-OFF · FII'~ FLOAT ,GAND / .GIL.T: -I-YF:'I CAL I I I WATERWAY: 'gVEDT DATE: OCTODER G, 2007 AI:RoLI~: FI~HED...G I.~-A.NO YACHT CLU6 A~BNT: 9HELOT E~OCI~.O, INC. Keh~ B. Ndl~on, P~ ~ ~2 89D~ F~ ~0 572 7~9 ~ ~1~ NEW NE~V NE~V 4-FT WIDE NE~V .GTEEI_ ANCHOR DECK ~UlaPOIL~I' I~7~. NC~NI-.V~"FA TE~ ~JFF~I~ 0 STONE. ~TONE GONTAINI'IENT GONT~N/~J~ ALONG ~/£ ID~GTING ~TONE DO NOT DIDTURD .35' .... I I I I::~J~--'l': I~OCK MODIFICATIONS LOCAI1ON; ~I::R.~ LC:CANO - T~ ~f ,~OUTHOLD COUNTY ~ .~:~U F'F'OLK, NE'~V YOP-K WAT~R'WAY: ?fiT. BT ~ ~ OGTOBEP. 0, ~ CLUB ~ 5 ~ 5 IN .