The URL can be used to link to this page

Home My WebLink About1000-118.-1-11OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: 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: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: November 11, 2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for WUNNEWETA POND ASSOC. SCTM#118-l-p/0 I 1 En-Consultants, Inc. on behalf of WUNNEWETA POND ASSOC. requests a Wetland Permit to dredge (with 10 years maintenance) an approx. 20'X 140' area within the bulkhead inlet channel to Wunneweta Pond to a max. depth of-4' ALW and place approx. 275 cy. of dredged sand spoil material above the high water line along approx. 415 linear ft. of shoreline to the northwest of the inlet. Located: Wunneweta Pond Inlet, Cutchogue. SCTM#118-1-p/o 11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the denoted following Town of Southold LWRP policy standards. The orooosed dred~,ine activity will further provide adequate navigation infrastructure through the inlet of Wunneweta Pond maintaining existing public access to the Great Peconic Bay. Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. 9.1 Promote appropriate and adequate physical public access and recreation to coastal resources. C. Protect and maintain existing public access and water-related recreation facilities. 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. 1. 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. The orooosed dredging activit~ 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 and 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 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 o fa 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 of a silt boom that will retain all 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) Cree~. Only maintenance dredging (as defined in 3~ 275-2) is permitted, unless the applicant owns underwater landor the applicant is requesting permission to dredge in connection with installation o flow-sill bulkheads. All maintenance dredging permits shall be valid for a period no greater than lO 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 allerniflora or Spartina patem9 or seagrass (Ruppia maritia or Zostera marina) meadows is prohibited. All dredging appl&ations must demonstrate a specific location for lhe 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 dred~in~ activities occur within a NYS Audubon Important Bird area and TOS/Nature Conservancy shorebird nesting area as depicted in Figure #1 below. If the action is approved the follmving best management practice (BMP) is recommended: 1. That all activity associated with the proposed action (dredging) should be avoided during the nesting and fledgling periods (March 15 through August 15) of shorebirds nesting within the immediate shoreline to the east and west of Wunneweta Pond inlet. Figure #1 Audubon Important Bird Areas outlined in yellow and TOS/Nature Conservancy shorebird breeding areas outlined in red. 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 1. A II applicants f0r perm its* inchding T 0w n of S0uth01d agencies, shall c0m plete this C.C A F f0r proposed actions that are subject to the Town 0fS0uth01d'W aterfr0nt C0nsistency Review Law. This assessment is intended to supplement other inform ati0n us'id b~y a T0w n of S0uth01d agency in making a determ inati0n of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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 answe, red "yes" or "no", then the proposed action will affect the achievement of the LWRp policy standfirdS'and conditions contained in the consistency review law. Thus~ each answer must be explained in detail, listing both supporting and non- su~Dortin~ facts. If an action cannot be certified as consistent with the LWRP po F~ta_ndards and conditions, it shall not be undertaken. A copy of the LWRP is available in t.~he ~ltoWingl~laces: online at the T~l~v~ ~J (southoldtown northfork net), the B6fird 6T~uste, es Office, the Plann3ng~l~'parttne a~lqloca TM 1 libraries and tl~e Town Cierk's office. ~ · ,' z~r ~ B, ~ESCRIPTION OF SITEANDPROPOSE~A~TION . ~/~ _, PROJECT NAME WUNNETA POND ASSOCIATION ................ The Application has been submitted to (check appropriate response): ?,'~ TownBoard II PlanningBoardl I Building Dept. ~ BoardofTr~ CategoW of Town of Southold agency action (check appropriate responSe)~ j (a) Action undertaken directly by Town agency (e.g. capital ~' L__~_ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant loan subsidy) ............... (c) Permit, approval, license, certification: Nature and extent of action: Dredge (with 10 years maintenance) an approximately 20' x 140' area within the bulkheaded inlet channel to Wunneweta Pond to a maximum depth of-4' ALW and place approximately 275 cubic yards of dredged sand spoil material above the high water line along approximately 415 linear feet of shoreline to the northwest of the inlet, all as depicted on the project plan prepared by En-Consultants, Inc., last dated March 23, 2005, and pursuant to all Special Conditions of NYS DEC Tidal Wetlands Permit No. 1-4738-00705/00011 & Department of the Army Permit No. NAN-2005-00694. Location of action: WUNNEWETA POND INLET Site acreage: N/A Present land use: NAVIGATION Present zoning classification: R-40 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: WUNNEWETA POND ASSOCIATION (b) Mailing address: C/O DR. J. MERED1TH MILLER, Ill 1132 BRIDGE LANE, CUTCHOGUE, NY 11935 (c) Telephone number: Area Code 631-734-5580 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~] No [~ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide ali 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. NYes ~ No ~ Not Applicable 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 ~ Not Applicalle 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 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 The project will be consistent with Policy 5, most particularly 5.3(c), as compliance with all Special Conditions set forth in NYS DEC Tidal Wetlands Permit No. 1-4738-00705/00011 and Dept. of the Army Permit NAN-2005-00694 will ensure that tidal watem are protected from any potential adverse impacts of dredging and spoil placement. (see attached permits) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of thc Town of Southoid 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 The project will be consistent with Policy 5 as compliance with all Special Conditions set forth in NYS DEC Tidal Wetlands Permit No. 1-4738-00705/00011 and Dept. of the Army Permit NAN~2005-00694 will ensure that the quality and function of the ecosystem is protected. Most particularly, dredging activities are prohibited under any conditions between April 1 and September 20 to protect nesting and foraging piping plovers and to protect spawning shellfish and fin fish. Moreover, dredging is additionally prohibited between February 1 and April I unless dredging is performed via excavator at Iow tide with siltation controls in place to minimize turbidity to the maximum extent practicable. 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. l-I V es W1 NoR Not ApplicaUe 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 The project is consistent with Policy 9, most particularly 9. I(c), as the dredging is proposed for the specific purpose of protecting and maintaining existing public access and water-related recreation facilities associated with Peconic Bay and Wunneweta Pond by maintaining the inlet channel that connects the two water bodies. 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 IH - Policies; Pages 47 through 56 for evaluation criteria. [~ Yes [--] No ~] Not Applicable The project is consistent with Policy 10, most particularly 10.5(A)(2 & 6), as the proposed dredging will maintain a necessary inlet channel of a depth consistent with the needs of water-dependent uses and will put the resultant spoil material to beneficial use as nourishment material for the adjacent downdrifi beach. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconie Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes [~] No [5~ 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 [5~ 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 [5~] Not Applicable PREPARED BY ROBER~.HERRMAN~ TITLEcoASTAL MGMT SPECIALIST DATE 10/21/08 Amended on 8/1/0.5 5BCTION THRU PROPOSBI~ 5POLL AR. BA WUNNEWETA POND AS SCALED FROM PR~IOUS 2. EX, ~l~ 1" = 60' 51~ (ACCBS¢ VIA ~J~CNr LANt2S) GREAT PECONIC BAY ACCESS ROUIE FOR BARGE-MOUNTED CRANE I I ~O __~' APPROX. LOC. OF ~m m TOP OF BERM m, o ~~~o ,m I Purp~: To mai~in n~iq~le w~r de~s --4o Wa{er dep~s recerded durLna I~ tide at IO:20AM, 10'51-05 Apprc, imatekt 2'/~ ~bic q~d* s~4/~e[ s~i~ ~ ~: a)~red~H via b~-m~4 cl~s~ell ~ck~ cr~ ( ~ ~cess b) ~e~i~d ~ ~west side c) s~e~ via p~b~er ~d/ ~cess s~ fr~ ~j~e~ pr~erN between ~p ~ berm ~d sw~) ~ adj~e~ pr~erN ~ ~west Project I~1~: Wu~ P~d inl~ ch~l, ~j~e~ U~I~ ~ners: I) C~di~e 2) Pia SPOIL RECOVERY AND SPR~DIN~ NA~,~AL POINT FROPOSP. P/VCJNfCNANC~ P~PdlNd POR WlJNNIf. WeTA PONO ASSOCIATION ON CHANNP-L TO WLINNWCTA POND, C~CHOdLU, 5LIPPOLK C0., Nt~W YOI~K 5Htf. r::::T 10P 112/50/0~. ~/25/OS