Loading...
HomeMy WebLinkAbout1000-66.-2-39OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 Toz Jim King, President Town of Southold Board of Trustees From: Scott Hilary and Mark Terry, LWRP Coordinators Date: August 13, 2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for ESTATE OF GRACE R. LEWIS C/O JOHN NICKLES SCTM#66-2-39 William J. Baylis on behalf of the ESTATE OF GRACE R. LEWIS C/O JOHN NICKLES requests a Wetland Permit to restore eroded beach with clean sand, landward of mean high water. Located: 885 Rogers Rd., Southold. SCTM#66-2-39 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 our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. 4.1 Minimize losses of human life and structures from 'flooding and erosion hazards. C. Enhance existing natural protective features and processes, and use nonstructural measures which have a reasonable probability of managing erosion 1. Enhance the protective capabilities of beaches by using fill, artificial nourishment, dredge disposal, or by restoring coastal processes. a. Use only clean sand or gravel with a grain size equivalent to or slightly larger than the native material at the project site. The proposed beach nourishment is a preferred approach to control erosion because of fewer environmental impacts than harden structures such as groins and bulkheads. The following best management practices (BMP's) are recommended. Establish a natural drain system (vegetated) as buffer between beach and road-end. Remove existing impervious road end surface and replace with permeable surface which will mitigate high flow stormwater demands. The BMP's will further LWRP Policy 5 Protect and improve water quality and supply in the Town of Southold. 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 Southoid ¢ INSTRUCTIONS 1. All applicants for permits* including Town of Southold agen, cie., shall proposed actions that are subject to the Town of Southold Wate~ffo~ t Consistency II, view,aw, ires assessment is intended to supplement other information 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting 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 website (southoldtox~a~.northfork.net), the Board local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION the Plannin~ Beard of Trustees SCTM# tt , - 5fl 'S , all The Application has been submitted to (check appropriate response): (a) Action de. en directly by To~ agency (e.g. capital construction, planing activity, agency regulation, l~d t~~ (b) Fin~cial ~sist~ce (e.g. gr~t, lo~, subsidy) (c) Pe~it, approval, license, certification: Na~e ~d extent of actio~ ~X~ 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: (b) Mailing address: ~ 0 ~ OK relephone n mher: Code (d) Application number, if any: Will the action be d~rectly undertaken, require funding, or approval by a state or federal agency? Yes ~] No[-7-3/kX..l If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evaluation criteria. [~Yes [] No [l~otApplicable 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 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 6 through 7 for evaluation criteria Yes [] No Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria [~Yes ~ No ~ Not Applicable Allach 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 th~l for evaluation criteria ~ Yes ~ No~l-D 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 Ill - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable 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 ~aluation 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. S/ee 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 111 - 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~WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [] No~'~/[ t~ 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 wat~. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No~'~--~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Polic~ges 65 through 68 for evaluation criteria. [~ Yes [~ No I ~] Not Applicable DATE~ TITLE New'York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook New York 11790-3409 Phone: (631) 444-0365 FAX: (631) 444-0360 AMENDMENT TO PERMIT Alexander B. Grannis Commissioner July 7, 2008 Mr. William J. Baylis, President Beixedon Estates Association PO Box 1432 Southold, NY 11971 Re: Permit No. & Location: 1-4738-03 174/00001 Estate of Grace R. Lewis Property Rogers Road SCTM#1000-66-2-39 Southold (Peconic Bay) Dear Permittee: Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621. The expiration date is extended to July 31, 2013. This letter is an amendment to the original permit and, as such, shall be available at the job site whenever authorized work is in progress. Ali other terms and conditions remain as written in the original permit. /L~uaura Seovazzo Permit Administrator LJS cc: J. Nickles/Estate of Grace R. Lewis BMHP File New York State Department of Environmental Conservation Division of Environmental Permits Building 40 - SUNY, Stony Brook, NY 11790-2356 Telephone (631) ~.~.~. 0365 Facsimile (631) 444-0360 Erin M, Crotty Commissioner July 10, 2003 Estate of Grace R. Lewis C/O John Nickles P.O. Box 56 Southold, NY 11971-0056 RE: 1-4738-03174,/00001 Dear Pe~ mittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, 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. LJS/Is Sincerely, ~j? ~, Laura J. Scovazzo Environmental Analyst Under the Environmental July 31, 2008 Conservation Law TYPE OF PERMIT · New [] Renewal E3 Modification [] Permit to Construct [3 Permit to Operate · Article t6, Title 5: Protection of Waters ~ Article 15, Title 15: Water Supply D Article 15. Title 15: Water Trsnsport [3 Article 15, Title 15: Long Island Wells [3 Adicle 15, Title 27: Wild. Scenic and Recreational Rivers · 6NYCRR 608: Water Quality Certifica- tion [] Adicle 17, Titles 7, 8 SPDES [3 Article 19: Air Pollution Control iD Article 23, Title 27: Mined Land Reclamation ~ Article 24: Freshwater Wetlands · Article 25: Tidal Wet~ands [3 Article 27, Title 7; 6NYCRR 360: Solid Waste Management El Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [3 Article 34: Coastal Erosion Management ~ Article 36: Floodplain Management D Articles 1, 3, 17, 19 27, 37~ 6NYCRR 380: Radiation Controt PERMIT ISSUED TO Estate of Grace R. Lewis C/O John Nickles ADDRESS OF PERMITTEE P.O Box 56, Southotd, NY 11971-0056 CONTACT PERSON FOR PERMI"CrED WORK Thomas Petrosino, Beixedon Estates Association, P O Box 1432, Southotd, NY 11971 NAME AND ADDRESS OF PROJECT/FACtlJTY .Rogers Road, Southold SCTM #1000-66-2-39 TELEPHONE NUMBER (631) 765-3416 TELEPHONE NUMBER (718) 335-3000 COUNTY Suffolk TOWN { WATERCOURSE Southold I Peconic Bay DESCRIPTION OF AUTHORIZED ACTIVITY: NYTM COORDINATES Place 334 cubic yards of clean sand as beach nourishment landward of mean high water. All work must be done in accordance with the attached plans stamped NYSDEC approved By acceptance of this permit, the permittee agrees that the permit is contingent upon strict comphance w~th the ECL, a~ applicable regulations, the General Conditions specified (see page 2 & 3} and any Special Conditions included as part of this permit. P.~ecc~MIT AD~III~I,,ISTRAT(~: ! ADDRESS 4~/~:~g~,'la~d (LJS) Re~ion 1 Headclua~ers, BId~. #40, SUNY, Stony Brook, NY 11790-2356 July 10, 2003 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS · 1 Tl~e storage of construction equipment and materials shall be confined to landward of the bulkhead. 2. Equipment operation below apparent high water is strictly prohibited. 3. Proposed sand fill shall be of similar grain size, texture and color of t~e existing beach matedal 4. No fill is authorized below apparent high water. 1-4738-03174/00001 PAGE 2 of 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 ( TIDAL WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein authonzed, 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 man nar 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. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S. Army Corps of Engineers, U.S, Coast Guard, New York State Office of General Services or local government which may be required. 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, ~eachate or any other environmentarly deleterious materials associated with the project. Ar~y material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving !arge refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized, 7 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 ail 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 a~l of the conditions listed herein are met. 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. 10~ All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applica nt or his agent as part of the permit application Such approved plans were prePared by Thomas Petrosino stamped NYSDEC approved 7~9/03. DEC PERMIT NUMBER I 1-4738-03t74/00001 j PAGE 3 OF 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS item A: Permlttse Accepts Legal Responsibility and Agrees to Indemnification The permittee 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 craims, suits, actions, and damages, to the extent attributable 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 claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permlttee'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 can'y out the activities that are authorized by this pemqit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permiffee 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 pemonal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inapection 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 Depa~rnent 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 ir~ such order or determination. General Condition 3: Appllcafione 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 Department requires Any renewal. modification or transfer granted by the Department must be in wdting, 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, SUNY Bldg #40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or levoke this permit in accordance with 6 NYCRR Part 621 The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements i,q the permit application or supporting papers; failure by the permiffee 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, relevar, t technology or applicable !aw or regulations since the issuance of the existing permit: e) r~o~compliance with previously issued permit conditions, orders of the commissioner, any provisions of the E~viro~menlm, I Conservatien Law or regulations of the Department related to the permitted activity DECP£RMITNUr,4BER ~ PAGE 4 OF 4 1 1-4738-03174/00001 New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Permit Number Expiration Date I I Regional Permit Administrator A ,.J J_,kk - . ~Z NOTE: This notice is NOT a permit 90O ROGERS ROAD PETROSlNO PROPERTY LINES EXISTING BULKHEAD~ TRUCK ACCESS MHW M,~K VIEW FROM SKY LOOKING DOWN LATHAM PROPERT~ LINES EXISTING BULKHEAD L LL_L L.L_I_ L _L. i_t. I_ I_LC L[_L L SCALE: 1 = 30 FEET MLW ~ PREPARED BY: 'Thomas Petmslno O~NER: ESTATE OF GRACE R. LEW~ BEACH NOURISHMENT PI~:UECT BEIXEDON F..~ TA'IT:8 A~!IOCIATION TOWN AND V~U.Ag:~ 0¢ 8(x.rfHOLD, NEW YORK APRIL 15, 2~03 ¢IEVtSF..D) 50+ 10 ..... X150 X 2 Sotdlx~, N.Y. FREIOMAN PROPERTY LINE EXISTING BULKHEAD 10 FEET 2 = 9000 CU. FL = 333,3 Cu. Ydn. NOTICE OF COMMENCEMENT OF CONSTRUCTION RETURN THIS FORM TO: COMPLIANCE Marine Habitat Protection NYSDEC Building 40 - SUNY Stony Brook, NY 11790-2356 JOR FAX TO: (631) 444-0297 J RI~TURN'~I'HIS FORM TO: NOTICE OF COMMENCEMENT OF CONSTRUCTION COMPLIANCE Marine Habitat Protection NYSDEC Building 40 - SUNY Stony Brook, NY 11790-2356 PERM,TNUMSER: I ' q 0 3 ! 0 001 PROJECT LOCATION/ADDRESS: CONTRACTOR NAME: ADDRESS: TELEPHONE:. Dear Sir: Pursuant to Supplementary Special Condition D 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 LEAS T TWO DA ¥S PRIOR TO COMMENCEMENT OF THE PROJECTAND /OR ANY ASSOClATED REGULATED ACTIVITIES FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAIl. ABLE A T THE WORK SITE FOR THE DURA TION OF rHE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON- COMPLIANCE WITH PERMIT CONDITIONS. NOTICE OF COMPLETION OF CONSTRUCTION COMPLIANCE RETURN THIS FORM TO: PERMIT NUMBER: Marine Habitat Protection NYSDEC Building 40 - SUNY Stony Brook, NY 11790-2356 ISSUED TO: JOR FAX TO: (631) 4~-0297 J PROJECT LOCATION/ADDRESS: CONTRACTOR NAME' ADDRESS: TELEPHONE: Dear Sir: Pursuant to Supplementary Special Condition D of the referenced permiL 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 THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLEI*ED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT.