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Home My WebLink About1000-57.-1-38.3OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: July 16, 2008 Proposed Permit to Wetland Permit for BRICK COVE MARINA, INC. SCTM#57-1-38.3 Suffolk Environmental Consulting, Inc. on behalf of BRICK COVE MARINA, 1NC. requests a Wetland Permit to maintenance dredge within the existing channel (4,000 sq.) to a maximum depth of six feet (6.0') during low tide. Estimated amount of spoil dredged from this area is anticipated to be a maximum of 200 cy. and will be transferred to onshore trucks for removal to an approved upland location. Located: 1760 Sage Blvd., Southold. SCTM#57-1-38.3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policy 6.3~ as outlined below. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The ~)rol)osed dredo_in~_ activity will require the deployment of a silt boom that will retain all suspended sediments within the water column of the immediate proiect area pursuant to § 275-11 Construction and operation standards and Silt Booms as defined in § 275-2. § 275-11 Construction and operation standards A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion controt Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation ora silt boom that will retain ali suspended sediments within the immediate project area § 275-2 Definitions; word usage SILT BOOM - A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. Properly installed, silt booms completely surround the project area. Further all dredging activities must be in compliance with dredging standards pursuant § 275-11 Construction and operation standards and Maintenance Dredging as defined in § 275-2. § 275-11 Construction and operation standards C. In water. The following standards are required for all in-water operations adjacent to residential properties. Operations conducted on properties zoned MI or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. 3) Dredging. (a) Creeks. Only maintenance dredging (as defined in § 275-2) is permitted, unless the applicant owns underwater landor the applicant is requesting permission to dredge in connection with installation of low-sill bulkheads. All maintenance dredging permits shall be valid for a period no greater than 10 years. [Amended 12-18-2007 by L.L. No. 23-2007] Dredging may be permitted when it can be demonstrated that the actions of man have resulted in impairment to water quality or habitat value. Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata, Spartina alterniflora or Spartina patens) or seagrass (Ruppia maritia or Zostera marina) meadows is prohibited All dredging apph'cations must demonstrate a specific location for the deposit of dredging material. [Added 12-18-2007 by L.L. No. 23-2007] § 275-2 Definitions; word usage MAINTENANCE DREDGING - A dredging project will be considered maintenance dredging if there is documentary evidence that it has been previously dredged The proposed dredoino activity will orovide adequate navigation infrastructure to Brick Cove Marina~ further advancing policy 10, Protect Southold's water-dependent uses and promote siting of new waterdependent uses in suitable locations. The intent of policy 10 is to protect existing water-dependent commercial~ industrial~ and recreational uses and to enhance the economic viability of water-dependent uses by ensuring adequate provision of infrastructure for water-dependent uses and their efficient operation. Policy 10 Protect Southold's water-dependent uses and promote siting of new waterdependent uses in suitable locations. 10.5 Provide sufficient infrastructure for water-dependent uses. A. Provide adequate navigation infrastructure. I. Protect and maintain existing public and private navigation lanes and channels which provide access to the Town's water-dependent uses. 2. Maintain necessary public and private channels and basins at depths consistent with the needs of water- dependent uses. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To; Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: July 16, 2008 Re~ Proposed Permit to Wetland Permit for BRICK COVE MARINA, INC. SCTM#57-1-38.3 Suffolk Environmental Consulting, Inc. on behalf of BRICK COVE MARINA, INC. requests a Wetland Permit to maintenance dredge within the existing channel (4,000 sq.) to a maximum depth of six feet (6.0') during low tide. Estimated amount of spoil dredged from this area is anticipated to be a maximum of 200 cy. and will be transferred to onshore trucks for removal to an approved upland location. Located: 1760 Sage Blvd., Southold. SCTM#57-1-38.3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my re~,ommendation that the proposed action is Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: { (southoldtown.northfork.net), the Board of Trustees Office libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 057 01 038.3 The Application has been submitted to (check appropriate respons Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by construction, planning activity, agendy · , . , (b) F~nanclal assistance (e.g. grant loam su ' "': Llt (c) Permit, approval, hcense, cert hcatlon Nature and extent of action: Attach additional sheets if necessary L~.~,~, Location of action: 1760 Sage Boulevard~ Town of Southold} Nb~vYor--'lk~'---'~ Site acreage: 12.469 + Present land use: Commercial Marina Present zoning classification: 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: BRICK COVE MARINA, INC. {c/o William Leverich) (b) Mailing address: P.O. Box 455; Southold~ New York 11971 (c) Telephone number: Area Code ( 631 ) 477 - 0830 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? NYSDEC~, NYSDoS~. Army Corps DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LVOIP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable As indicated within Policy 1t "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southoldf ~ this project is a proposal to maintain the existing marina channel into Sage Basint utilized by the existing commercial marina~ as well as surrounding residential waterfront properties to access Peconic Bay to the southeast, lhis proiect has been routinely approved by all regulatory agencies with iurisdiction over this projectt including the Board of Trustees (please refer to the attached permit no.3882~ issued January 25~ 1990) for "Maintenance dredging..f of this area. Accordinglyt we believe that this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subject marina cannot be deemed a substantial historic and/or archaeological resources. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this project, including the Board of Trustees (please refer to the attached permit no.3882, issued January 25, 1990) for ~Maintenance dredging..,x of this area. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the proposal requests for the maintenance dredging of the existing channel. Visual quality will not be affected. Thereforet we feel that the instant proposal fully complies with this Policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable Policy 4 is not applicable in that the proposal does not involve any potential for loss of life, structures, and natural resources from flooding and erosion. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this projectt including the Board of Trustees (please refer to the a/tached permit no.3882~ issued January 25~ 1990) for "Maintenance dredging..." of this area. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable Policy 5 is not applicable. Please note that this project has been routinely approved by all regulatory agencies with iurisdiction over this proiect~ including the Board of Trustees (please refer to the attached permit no.3882, issued January 25~ 1990) for ~Maintenance dredging..." of this area. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [] Not Applicable Policy 6 is not applicable. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this project, including the Board of Trustees (please refer to the attached permit no.3882, issued January 25, 1990) for "Maintenance dredging..." of this area. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria [] Yes [] No [] Not Applicable Policy 7 is not applicable. Please note that this proiect has been routinely approved by all regulatory agencies with jurisdiction over this project, including the Board of Trustees (please refer to the attached permit no.3882, issued January 25~ 1990) for "Maintenance dredging..." of this area. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable Policy 8 is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, and petroleum products. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this project, including the Board of Trustees (please refer to the attached permit no.3882, issued January 25, 1990) for "Maintenance dredging...~ of this area. Attach additional sheets if necessary 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 Subject proposal meets Policy 9 in that the maintenance of the existing channel will provide and maintain for public access/recreational use of coastal waters (Sage Basin from Peconic Bay~ and vise versa). Accordingly~ we believe that this project is consistent with this policy. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this project, including the Board of Trustees (please refer to the attached permit no.3882~ issued January 25~ 1990) for "Maintenance dredging...~ of this area. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal meets Policy 10 in that the maintenance of the existing channel will protect the water-dependent uses within the surrounding area. Accordingly, we believe that this project is consistent with this policy. Please note that this project has been routinely approved by all regulatory agencies with iurisdiction over this project, including the Board of Trustees (please refer to the attached permit no.3882, issued January 25, 1990) for ~Maiotenance dredgings...~ of this area. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Policy 11 is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this project, including the Board of Trustees (please refer to the attached permit no.3882, issued January 25, 1990) for "Maintenance dredging...~ of this area. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No'[~ Not Applicable Policy 12 is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland~ the establishment and/or maintenance of new coastal agricultural production~ etc...). Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this project, including the Board of Trustees (please refer to the attached permit no.3882, issued January 25~ 1990) for ~Maintenance dredging..." of this area. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable Policy 13 is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction. Please note that this project has been routinely approved by all regulatory agencies with jurisdiction over this projectt including the Board of Trustees (please refer to the attached permit no.3882t issued January 25, 1990) for "Maintenance dredging...~ of this area. Attach additional sheets if necessary BRICK CO VE MARINA Property Situate: Sage Boulevard; Town of Southold, New York SCTM#: 1000 - 057 - 01- 058.$ SUBJECT CONSTRUCTION ACCESS ROUTE BRICK CO VE MARINA Property Situate: Sage Boulevard; Town of Southold, New York SCTM #: 1000 - 057 - Ol - 058.3 (Plwto ta/~'e~ oJ~ ~;lq~~ ~,5, ~_~008) Photograph indicating the current conditions of the entrance into the inlet to Sage Basin, and the area proposed to be maintenanced dredged. Photo taken from Peconic Bay, facing northwest. BRICK CO VE MARINA Property Situate: Sage Boulevard; Town of Southold, New York SCTM#: 1000-057-01-058.$ (Pholo ta~'e~ (m Mq~, ~,~, 2008) Photograph indicating the current conditions of the entrance into the inlet to Sage Basin, and the area proposed to be maintenanced dredged. Photo taken from Peconic Bay, facing northwest. FRENCH DRAIN W/ LEACH BOAT RAMP W/ CATCHMENT Z 0 ILl IL TRAVEL LIFT W/ CATCHMENT FRENCH DRAIN W/ LEACHING FIELD SAGE BA~ WOODED AREAS TENNIS CTS EARTHEN PARKING & BOAT 8TO~AGEAREAS BEACH PECONIC BAY___..~ DRAINAGE DITCH Z 0 0 Board of Trustees JUN - 5 ~ /~ Southhold 7owe ~ MAP Site Plan for: Brick Cove Marina Situate: SCTM #: Sage Boulevard; Southold County of Suffolk, New York 1000 -57-1-38.3 CULVERT (002) Suffolk Environmental Consulting, Inc. Phone: (631) 537- 5160 Fax: (631) 537 - 5291 P.O. Box 2003 · Bddgehampton · NY · 11932 DATE: SCALE: DRAWN BY: COMMENTS: 9/28/07 Revised: 10/1/O~,~8 1" = 1~ +/- baa Land Area = 12.~59 including m~detw~te'e l~xad I .blTl:: PLAN PF=TAIL ~ ,,.,. /~~-~--'-' / _,,.,/ ~*~-v - -4!n - + ! k. CROSS - ¥111 TAICERT -~ -42 '+_ [z-~ CROSS - Viii TAN61NT ,,, ., ,,i, ALL depicl:e~l sounding5 performed by -6U FFOLIZ.. F__NX/112--.¢ N M E_ NTAL ¢¢N._6ULTIN~', INC., en Ma>' 2_~, 2008 ~]urin~ Low ]:i~1¢. -15'! -49"± -25't LIMIT of SHOALI~ JUN - 5 2008 Prepared b>': bUFFQL~ ENVIP~QNMENTAL CQNbULTIN(, P.e. I~ox 200:% ~ridgehamp(¢n, NeW York Pate: June I. 2008 DcaLe: 1.0" = DO.O' -+ Prawn [~y: mai Aclaptea [rem th~ ~urvey ~f 5ubied: pr~p~r~cy a5 prepared by PE-C¢NIC L/ EXISTI#G BULKHEAD ABW AHW E PROPOSED GRADE AREA Of PROPOSED MAIRTENANCE DREDGIEG Croaa - ~/ie~v' basec] an a t'/picaL crasa-ae~ivn a~ ~he channeL refer ~:o ~he .Site PLan Pe~:aiL sheet Dr exa~ Laca~:ian a~ the tangent:. PIZ~J ECT DE.,SC~IPTION: AppLican~c pr~poee5 ~ main~nance dredge ~he existing channel aLLc~v fer proper naViga~:i~n [er bea~c ~ra~c pa.~eing be[ween Pecenic I~a¥ and .Sage I~e~in. AppLicant: prepuce5 ~ main~nance dredge wi~in [he existing channel (Z[.O00 e~uare Ieee: :1:) ~ a maximum deFL-h ~ 5ix [e~ (6.0') during ~ ~:ide. ~_~Umated amoun~ ~' spoil dredged from [hie area ie anticipated ~ be a maximum ~ 200 cubic yard~ and ~iLL be t'rar~[erred ~ en5h~re ~:ruc~ [or remc/aL ~ an appreved upland L~ca~cion. Prepared b'/: Date: Jun~ I, 2008 ~¢aL~: 1.0' = 10,0'-* Drawn [~>,: mai CCmmgnf. s: /l~lapf~d from thC surv~/of subi~a: prCperb/as prapare<J b/Pg_CCNIC 'I EXISTIltI~ BULl[HEAD MAIITAINEDCHANNgL AREA of PROPOSED IIAINTEIIANCI( DIIEI~IIlC PROPOSEDCIADE Cro~ - ~/iew ba~ad on a 'b/picaL cro~-~ec:f, ion of f. he channeL PLease refer f.o 'l:h~ ..~i'l:e ~Lan Del:aiL ~heet for exac'-I: ~cafi~n ~ ~h~ ~angent PIZ~JF~CT PI:: DCI:Z.IPTION: AppUcan~c propo~ee ~ main~nance dredge ~e exisfing channel aEow for proper naviga~don for boast tra~c paseing beb~leen I:> econic Day and ..5age Daein. AppLican~c propo~s f~ main~nance dredge wi~in t-he exi~fing channel (Z[.O00 .~luare fee~c :t:) ~ a maximum dep{'h ~' six fe~l: (6.0') during I. ma/ fide. F~_~fima~d amount: ~ spoil dredged from ~i.~ area is arrl:icipa~d ~ be a maximum of 200 cubic yard~ and wiLL be transferred f~ onshore [ru~b f~r r~m~/aL f~ an epic"eyed upland L~ca{:ion. t,* a'c.¢.: June I. 2006 Ocat*: 1.0': lO.O'+- Pra.m ~