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HomeMy WebLinkAbout1000-86.-2-10OFFICE 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 JOSEPH MELCHIONE SCTM#86-2-10 JOSEPH MELCHIONE requests a Wetland Permit to construct a 4'X 20' fixed dock using fiberglass "Flo-thru' decking and 6" dia. piles, install a 3'X 14' seasonal ramp, and a 6'X 20' seasonal floating dock with 6" dia. anchor piles. Located: 3575 Wells Rd., Peconic. SCTM#86-2-10 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 INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The proposed dock is in a Critical Environmental Area nominated by the Town of Southold as worthy of protection~ (see Critical Environmental Areas § 275-2 Definitions below). Any proposed action in a Critical Environmental Area may be subiect to more stringent requirements such as denial of certain operations~ and shortenino or reducing the size of the structure pursuant to § 275-11 Construction and operation standards. 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 SouthoM 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. § 275-2 Definitions; word usage. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of SouthoM and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor I~etlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, ~Vest Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek § 275-11 Construction and operation standards. (7) Critical environmental areas. At the discretion of the Board of Trustees, any operations proposed in crilical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of nondisturbance buffers. The proposed dock float location is at an average water depth of 2.3 feet calculated from the plan view provided by the applicant. The use of a vessel associated with the proposed dock could have potential adverse impacts to the public trust bottomland from sitting of vessel and prop dredging from the vessel. Pursuant to § 275-11 Construction and operation standards no part of the floating dock will contact the bottomland during a normal Iow tide. It is recommended that the potential impacts to the public trust bottomland from the vessel be I considering when reviewing the proposed action (dock). § 275-11 Construction and operation standards. (2) Docks. Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005] lb] If any part ora residential dock structure includes afloat or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: [ii] No part of the floating dock will contact the bottomland during a normal Iow tide. Furthermore the proposed dock is in Richmond Creek within LWRP Reach 7, a Significant Coastal Fish and Wildlife Habitat (SCFWH) recognized by the Town as worthy in protecting (see Richmond Creek and Beach SCFWH Narrative below). 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. The Town of SouthoM is rich in habitats that support diverse and often large wildlife populations, many of which are of commercial or recreational value. The importance of these habitats has been recognized through the state designation as Significant Coastal Fish and Wildlife Habitats in Southold. These habitats cover the full range of habitats typical on the East End of Long Island and include dunes, beaches, wetlands, islands and open water. The Town of Southold recognizes the importance of protecting and enhancing these wetlands and habitats. NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT (SCFWH) Richmond Creek and Beach LOCATION AND DESCRIPTION OF HABITAT: Richmond Creek and Beach is located just west of Great Hog Neck with an inlet into Little Peconic Bay, Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish andwildlife habitat is approximately 135 acres in size consisting of a sand peninsula, salt marsh, and tidal creek. The New York Natural Heritage Program has documented the occurrence of seaside plantain, a rare plant species, at Richmond Creek. There is moderate residential development along the borders of the creek, portions of which have been dredged and bulkheaded. Much of the creek is lined by Spartina alterniflora (smooth cordgrass). The creek itself tends to be muddy. The creek/beach/marsh ecosystem at Richmond Creek is similar to other creeks in the area but serves as an important habitat to several vulnerable wildlife species. Policy 9-Provide for public access to, and recreational use of, coastal waters, public_lands, and public resources of the Town of Southold. The proposed action is private, noncommercial and will not support a pattern of development that enhances communitw character nor preserves "Public" access or public recreational activities Policy Standard-9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public' trust shorelands. E. Provide access to, and reasonable recreational use ~' navigable waters and public trust lands under water. 2. Permit limited obstruction qf public use, including navigation, in navigable waters: 3. Obstruction of navigable waters' and underwater lands is limited: b. to the minimum necessary,for access to navigable waters. The minimum is determined by evaluating the following factors: (ii) the range qf tidal water level fluctuation, The water depth within the location of the proposed dock (float) is approximately 2.3 feet (average) of water which is limiting for many twpes and sizes of power boats. (vid whether or not alternative means to gain access are available. The applicant presently has a means of access to the resource via stairs attached to bulkhead (see figure #1 below). The applicant also has two additional alternate means of access to Richmond Creek via the Town's boat ramp off Parkers Figure #1 Bulkheaded property on Richmond Creek of Joseph Melchione SCTM# 86-2-10 Figure #2 Alternate means of access via the Town's boat ramp off Parkers Landing Road and Wells Road Joseph Melchione SCTM# 86-2-10 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 PRO~Gl~Mt, ~. ~~' ~%'~Okk3~x at'-' 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 JOSEPH MELCHIONE SCTM#86-2-10 JOSEPH MELCHIONE requests a Wetland Permit to construct a 4'X 20' fixed dock using fiberglass "Flo-thru' decking and 6" dia. piles, install a 3'X 14' seasonal ramp, and a 6'X 20' seasonal floating dock with 6" dia. anchor piles. Located: 3575 Wells Rd., Peconic. SCTM#86-2-10 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 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 Tou~a). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievemeut of the LWRP policy standards and conditions contained in the consistency review law. Thns~ each answer must be explained in detail~ listing both supporting and non- supporting facts. If an action caunot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold ' s website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, local libraries and the Town Clerk's office. all B. DESCRIPTION OF SITE AND PROPOSED ACTION .... ,, s O 2u08 Southold ', Category of Toz~ of Southold agency action The Application has been submitted to (check appropriate response): Town Board [--] Planning Board [--] Building Dept. [-~ B dof Trustees Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: (a) (b) (c) 2008 Nature and extent of action: ' e ' Location of action: Site acreage: Present land use: 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: (b) Mailing address: (c) Telephone number: Area Code tf/'~ _~_~ ~ ,g'_~ '~'7 (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? AJ .~._C 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. VL~es ~ No ~] Not Applicable At:tach 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 Attach additio eets if necessary 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 ~ 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 [-q No ~Not Applicable 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 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 -I-k.'~ Attac~ additional sheets 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. ~Yes [~ 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 Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [~Yes [--] No [] Not Applicable 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 " - " ' - t ~ ~',.,k~..,_ ~,,.,~ +~.--..Z..-~..- Attach aoCUtlonal sheets llnecessary 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 III - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~ No ~'""Not Applicable New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY@ Stony Brook, 50 Circle Road, Stony Brook NY 11790-3409 Main Phone: (631) 444-0365 Website: www.dec.state.nv.us Fax: (631) 444-0360 January 2, 2008 Mr. Joseph Melchione 4 Mountain View Court Fort Salonga NY 11768 RE: Permit # 1-4738-01529/00007 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. MRP Enclosure Very truly yours, Matthew R. Penski Env. Analyst 1 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER 1-4738-01529/00007 FACILITY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE Janua~ 2,2008 EXPIRATION DATE(S) Janua~ 1,2013 TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate [] Article 15, Title 5: Protection of Wa- ters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivem · 6NYCRR 608: Water Quality Certification [] Adicle 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation [] Article24: FreshwaterWetlands · Article 25: Tidal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Management [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO Joseph MelChione ADDRESS OF PERMITTEE TELEPHONE NUMBER (516) 803-5327 4 Mountain View Court, Fort Salonga NY 11768 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER NAME AND ADDRESS OF PROJECT/FACILITY Melchione Property, 3575 Wells Road, Peconic LOCATION OF PROJECT/FACILITY SCTM # 1000-86-2-10 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Richmond Creek E:714.5 N:4545.6 Description of Authorized Activity Construct a 4 foot by 20 foot "FIo-Thru" dock, 3 foot by 14 foot seasonal ramp, and a 6 foot by 20 foot seasonal float. All work shall be performed in accordance with the plans prepared by Sea Level Mapping last revised on i2/27/07, and stamped NYSDEC approved on 112108. By acceptance of this permit, the permittee e~ulations, the Gene PER~ADMINIS Johr[.~,~,.Wielar AUTHkRI,~D SIi agrees th'~{~ the permit is contingent upon strict compliance with the ECL, all applicable al Conditions specified (see pa~e,s 2 - 41 and an)' Special Conditions included as part of this permit. RATOR: I (MRP) NATURE~ 6ObRESS (~J0 Circle Road - SUNY, Stony Brook, NY 11790-3409 "~ "~,~ DATE ,- I January 2, 2008 Page I of 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. The storage of construction equipment and materials shall be confined within the project work area and/or upland areas landward of the bulkhead. 2. The dock or timber catwalk shall not exceed 4 feet in width and shall be a minimum of 2 1/2 feet above grade* over tidal wetland areas (*as measured from ground to the bottom of the dock/catwalk decking). 3. Dock/ramp/float shall not a) extend laterally beyond property lines, b) be placed so that docked vessels extend laterally over property lines, c) interfere with navigation, interfere with other landowner's riparian rights. 4. No permanent structures shall be installed on dock/ramp/float without first obtaining written Department approval (permit, modification or amendment). 5. Float and ramp may not rest on or be stored in any vegetated tidal wetlands. 6. The authorized ramp and float must be installed and removed seasonally. These seasonal structures may not be installed prior to April 1st of each calendar year and must be removed by December 1st of each calendar year. 7. No dredging, excavating or other alteration of the shoreline or underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 8. The use of wood treated with pentachlorophenol or other wood treatment not specifically approved by the Department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters. 9. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 10. Any debris or excess material from construction of this project shall be completely removed from the adjacent area and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. I DEC PEmvaTmnva~ER I PAGE 2 OF 4 1-4738-01529/00007 I NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS I~em 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 atlyibutable to the permittee's acts or omissions in connection with the permittee'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 cl~uns, 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 all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons 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 perminee 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. GENERAL CONDITIONS General Condition 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. General Condition 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. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Deparlment requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, 50 Circle Road - SUNY, Stony Brook NY 11790-3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements ha 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; e) 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. DEC PERMIT NUMBER 1-4738-01529/00007 PAGE 3 OF 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION · ADDITIONAL GENERAL CONDITIONS FOR ARTICLES '15 (TITLE $), 24, 25, 34 AND 6 NYCRR PART 608 (TIDAL WETLANDS) 1. 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 former 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. 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. 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. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across or along the bed ora waterway or floodplain, deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There shall be no unreasonable interference with navigation by the work herein authorized. 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. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 8. 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 and, if required, a survey. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or their designated agent as part of the permit application. Such approved plans were prepared by: Sea Level Manoing last revised on 12/27/07 and stamped NYSDEC approved on 1/2/08. DEC PERMIT NUMBER 1-4738-01529/00007 PAGE 4 OF 4 NOTICE OF COMMENCEMENT OF CONSTRUCTION RETUI~N THIS' FORM TO: COMPLIANCE Madne Habitat Protection NYSDEC 50 Cimle Road - SUNY /; /~..~.....Stony Bro..ok, .blY '¢ 790-2357... PERMIT NUMBER: Y~--~(:~/~'t~/-~' ~'///g)O ~)~') PROJECT LOCATION/ADDRESS: OR FAX TO: 631-444-0297 CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant to General Condition # 9 of the referenced permit, you are hereby notified that the authorized activity shall commence on · We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions. The permit sign, permit and approved plans will be available at the site for inspection in accordance with general Condition No. 1. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS A T LEAST TWO DA YS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANY ASSOCIATED REGULATED ACTIVITIES, FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE A T THE WORK SITE FOR THE DURA TION OF THE PROJECT MA Y SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENAL TIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS, Cut along this line x x x x ~ NOTICE OF COMPLETION OF CO~l'~:'i:~'~'~;i"i~' .......................................................... RETURN THIS FORM TO: PERMIT NUMBER: PROJECT LOCATION/ADDRESS: COMPLIANCE Marine Habitat Protection NYSDEC 50 Circle Road - SUNY Stony Brook, NY 11790-2356 OR FAX TO: 631-444-0297 ISSUED TO: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant to General Condition # 9 of the referenced permit, you are hereby notified that the authorized activity was completed on · We have fully complied with the terms and conditions of the permit and approved plans, (Both signatures required) PERMITEE DATE CONTRACTOR DATE 1-HIS NOTICE, WITH PHO TOot~AH~3 ut- I I-t~ (JUMI-'L~- I ~L~ FV{JF~ AIVL}/(JI~ A cOMPLETED SURVEY, AS APPROPRIATE, MUST BE ~ENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT, LO cation Diagram NTS Lot:. N 41-O2-15 Long. ~1 -/2-26-1E, N A P '~ N Plan View Proposed: Dock, Ramp & Float Purpose: Private Mooring Applicant: Joe Melchione Prepared: October 9, 2007 Amended: October 24, 2007 ^~.~ CON~W~ONS OF / Amended: December 27, 2007 Town: Southold Suffolk County, NY Datum: A L W Tide 2.5' +/- I 1' = 30' I Section Proposed Dock Fiberglass "FIo-Thru" Decking 4' x 20' (2.5' abv. gr. & hw) exist:. blkd. 6" dia. laletlond5 posts (3[ bult<he(3d 10'oc R. Fox Oct:. 'O'/ No "~ec~t:ed" c_F31v~3nlzed Seasonal Float 6' x 20' LIN (4) 6" dia. anchor piles with cross braces to keep float rnin, 2.5' off bottom ~xlst:, bH:m. Prepared by:! SEA LEVEL MAPPIN 631-722-3390 P.O. Box # 366 Aquebogue NY 11931 COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Designated: Date Revised: County: Town(s): 7½' Quadrangle(s): Richmond Creek and Beach March 15, 1987 May 15, 2002 Suffolk Southold Southold, NY Assessment Criteria Ecosystem Rarity (ER)--the uniqueness of the plant and animal community in the area and the physical, structural, and chemical features supporting this community. ER assessment: Tidal creek, undeveloped sand peninsula, and salt marsh unusual in Suffolk County, but rarity diminished by dredging and development along the creek. Species Vulnerability (SV)--the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. SV assessment: Least tern (T) nest in the area. Piping plover (E, T-Fed) have nested in the ama, but the importance of the colony is not adequately documented. Human Use (HU)- the conduct of significant, demonstrable commercial, recreational, or educational wildlife-related human uses, either consumptive or non-consumptive, in the area or directly dependent upon the area. HU assessment: Crabbing and clamming of local importance. Population Level (PL)-the concentration of a species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. PL assessment: No unusual concentrations of any fish or wildlife species occur in the area. Replaceability (R)--abiilty to replace the area, either on or off site, with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife, for the same users of those fish and wildlife. R assessment: Uncertain of ability to replace. 25 0 1.0 Habitat Index = |ER + SV + HU + PL| = 25.0 Significance = HI x R = 25.0 Page I of 6 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE RICHMOND CREEK AND BEACH LOCATION AND DESCRIPTION OF HABITAT: Richmond Creek and Beach is located just west of Great Hog Neck with an inlet into Little Peconic Bay, Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat is approximately 135 acres in size consisting of a sand peninsula, salt marsh, and tidal creek. The New York Natural Heritage Program has documented the occurrence of seaside plantain, a rare plant species, at Richmond Creek. There is moderate residential development along the borders of the creek, portions of which have been dredged and bulkheaded. Much of the creek is lined by Spartina alterniflora (smooth cordgrass). The creek itself tends to be muddy. FISH AND WILDLIFE VALUES: The creek/beach/marsh ecosystem at Richmond Creek is similar to other creeks in the area but serves as an important habitat to several vulnerable wildlife species. Diamondback terrapin nest on the beach. The tidal creek and salt marshes provide feeding areas and cover for terrapins during this period (April - July). This area may provide important breeding habitat for horseshoe crab, but additional documentation is required. The beach has historically been a nesting area for least tems (T) and piping plover (E, T-Fed). Least tern nested annually at this site between 1987 and 1996 in variable abundances. A peak number of 52 nesting pairs occurred in 1989, and numbers have declined during the 1990s. Piping plover nested in small numbers at Richmond Beach during the late 1980s, but have been documented only twice since that time (in 1995 and 1997). Further information on the importance of this beach to the piping plover population is needed. Two pairs of common tern (T) nested on Richmond Creek Beach in 1988. Waterfowl species observed overwintering in the Richmond Creek area include Canada goose, American black duck, mallard, oldsquaw, buffiehead, red-breasted merganser, surf scorer, and common goldeneye. Richmond Creek is also a productive habitat for finfish, shellfish and crustaceans, including blue claw crabs, clams and scallops. The creek is one of the top two creeks for crabbing in the town and is also important for clamming. Richmond Creek is seasonally closed to shellfishing from April 1 through October 31. Page 2 of 6 IMPACT ASSESSMENT: Diamondback terrapin are vulnerable to disturbance by humans from April 1 through August 15. Nesting shorebirds inhabiting Richmond Creek and Beach are highly vulnerable to disturbance by humans, especially during the nesting and fledging period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities (e.g., boat and personal watercraft landing, off-mad vehicle use, picnicking) in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g., dogs, cats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas should be provided to help protect these species. Control of vegetative succession, through beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. Elimination of salt marsh vegetation, through loss of tidal connection, landfilling, dredged material disposal or excavation would result in a direct loss of habitat area. Alterations of tidal patterns in the marsh (e.g., by modifying the inlet) could have major impacts on the fish and wildlife species present. Construction of bulkheads, breakwaters, revetments, and other "hard" shoreline structures negatively impact tidal wetland habitats. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control ofinvasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall wetland values. Any activity that would substantially degrade the water quality of Richmond Creek would adversely affect the biological productivity of this area. All species offish and wildlife are affected by water pollution, such as chemical contamination (including food chain effects as a result of bioaccumulation), oil spills, sedimentation, excessive turbidity, stormwater runoff, and waste disposal (including boat wastes). Impacts to water quality in the creek should be minimized or eliminated to enhance locally important shellfish and crustacean populations. Barriers to fish migration, whether physical or chemical would have a major impact on the fisheries in Richmond Creek. Unrestricted use of motorized vessels including personal watercraft in the protected, shallow waters of bays, harbors, and tidal creeks can have adverse effects on aquatic vegetation and fish and wildlife populations. Use of moturized vessels should be controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Page 3 of 6 KNOWLEDGEABLE CONTACTS: Habitat Unit NYS Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 Phone: (518)474-6000 NYSDEC--Region 1 State University of New York, Building 40 Stony Brook, NY 11790-2356 Phone: (631) 444-0354 Wildlife Manager NYSDEC--Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (631) 444-0310 Bureau of Marine Resources NYSDEC 205 N. Belle Meade Road, Suite 1 East Setauket, NY 11733 Phone: (631) 444-0430 Finfish and Crustaceans NYSDEC 205 N. Belle Meade Road, Suite 1 East Setauket, NY 11733 Phone: (631)444-0436 New York Natural Heritage Program Wildlife Resources Center 700 Troy-Schenectady Road Latham, NY 12110 Phone: (518) 783-3932 Town of Southold Town Hall 53095 Main Road; P.O. Box 1179 Southold, NY 11971 Phone: (631) 765-1801 Page 4 of 6 Office of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead, NY 11901 Phone: (631) 852-2077 Paul Stoutenburgh 4015 Skunk Lane Cutchogue, NY 11935 Phone: (631) 734-6605 Page 5 of 6 :BEACH LITTLE Page 6 of 6