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HomeMy WebLinkAbout1000-72.-2-1OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 1 I971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: December 8, 2008 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit and Coastal Erosion Permit for DORIS GALLAGHER C/O BARBARA PENNACHIA SCTM#72-2-1 Costello Marine Contracting Corp. on behalf of DORIS GALLAGHER C/O BARBARA PENNACHIA requests a Wetland Permit to stabilize the base of the bluff by constructing 90' of double row 3' to 5' dia. (2 to 5 ton) rock revetment. Re-grade any disturbed areas reusing excavated materials and re-vegetate materials. Located: 14347 Oregon Rd., Cutchogue. SCTM#72-2-1 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 INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the denoted following LWRP policy standards. The natural shoreline has an inherent naturaln social~ and economic value that should be respected to ensure continuing benefits to the town~ region and state. Hardening of the shoreline is to be avoided except when alternative means~ such as soft engineering alternatives are not effective. Often hard shoreline structures such as the proposed action can contribute to erosion both on and off the site due to poor design and sitting inhibitin~ the down drift remediation of sand. Soft structural protection methods are to be used to conform to the natural coastal processes. Beach nourishment and re-vegetation are preferred approaches in controlling erosion because of the lower cost and fewer environmental impacts than hard structures. Hard shoreline protection structures should only be allowed when a property is in danger~ and no other alternative will save the structure. The portions of the Town's shoreline that are not fortified should generally remain in a natural condition to respond to coastal processes. Therefore~ before a permit is granted for any hardened erosion control structure~ the purpose~ function~ impact~ and alternatives to the proiect must be carefully evaluated to determine whether the proposed structure is necessary and whether adverse impacts can be avoided or minimized. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. B. Use vegetative non-structural measures to manage flooding and erosion hazards. 1. Use vegetative non-structural measures which have a reasonable probability of managing flooding and erosion, based on shoreline characteristics including exposure, geometry, and sediment composition. D. Use hard structural erosion protection measures for control of erosion only where: 1. Avoidance of the hazard is not appropriate because a structure is functionally dependent on a location on or in coastal waters; located in an area of extensive public investment; or reinforces the role of Maritime Centers or Areas for Concentrated Development. 2. Vegetative approaches to controlling erosion are not effective. 3. Enhancement of natural protective features would not prove practical in providing erosion protection. 4. Construction of a hard structure is the only practical design consideration and is essential to protecting the principal use. 5. The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary b. based on sound engineering practices 6. Practical vegetative methods have been included in the project design and implementation. 7. Adequate mitigation is provided and maintained to ensure that there is no adverse impact to adjacent property or to natural coastal processes and natural resources and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. The applicant has not met the above criteria to warrant the use of hardened erosion control measures at this time. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. B. Maximize the protective capabililies of natural protective features by: 1. avoiding alteration or interference with shorelines in a natural condition 2. enhancing existing natural protective features 3. restoring the condition of impaired natural protective features wherever practical 4. using practical vegetative approaches to stabilize natural shoreline features 5. managing activities to limit damage to, or reverse damage which has diminished, the protective capacities of the natural shoreline C Minimize interference with natural coastall~rocesses by: 1. providing for natural supply and movement of unconsolidated materials and for water and wind transport 2. limiting intrusion of structures into coastal waters D. A limited interference wilh coastal processes may be allowed where the principalpurpose of the structure is necessary I. simulate natural processes where existing structures have altered the coast 2. provide necessary public benefits for flooding and erosion protection 3. provide for the efficient operation of water-dependent uses The applicant has not demonstrated that the proposed action will not increase the erosion onto neighboring properties or other locations pursuant to q 275-11 and § 111-15. 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. § 275-11 Construction and operation standards. B. Shoreline structures. The following standards are required for all operations relating to shoreline structures on residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. (1) Bulkheads, retaining walls, revetments and gabions. (b) Bulkheads on the Sound shall only be permitted when the likelihood of extreme erosion is demonstrated and it shall not increase erosion on neighboring properties. § 111-15 Erosion protection structures. The following requirements apply to the construction, modification or restoration of erosion protection structures: A. The construction, modification or restoration of erosion protection structures must: (1) Not be likely to cause a measurable increase in erosion at the development site or at other locations. The toe of the bluff on the subiect parcel is exemplary of long-term erosion conditions which is a slow process. It is evident that the toe of bluff is accreting (an accumulation of sand deposited at the base from the eroding bluff above)~ which contributes to the natural coast process of supplying sand to the down drift beaches allowing for the shoreline to come into equilibrium. It is further evident that the bluff face and top of the bluff suffer from (extreme) active erosion and therefore requires immediate action in stabilizing the bluff through non-structural vegetative measures. In the event that the proposed action is approved the following Best Management Practice (BMP) is recommended: 1) Require that the applicant administer an approved planting plan to stabilize the bluff face and top of bluff, prior to any operations. The BMP recommended above will maximize the capabilities of the natural protective feature (bluffh further advancing LWRP policy standards 4.1 and 4.2. If the Agency~ (Board of Trustees) makes a contrary determination of consistencv~ the Agency shall elaborate in ~vriting the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. [1. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agentT makes a contrar), determination of consistency, the agentT shah elaborate in writing the basis ,~br ils clisa,~reement with the rectommendation and slate the manner and extent to which the aclion is consistent with the L WRP polioT standar~ls. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. DAVID A, PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORTES-VAZQUEZ SECRETARY OF STATE December 5, 2008 Mr. Arthur J. Walter Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 Re: F-2008-0723 U.S. Army Corps of Engineers/New York District Permit Application: Doris Gallagher, Construct approximately 90' of rock revetment at the base of bluff. Cutchogue, Town of Southold, Suffolk County. No Review Necessary Dear Mr. Walter: The Department of State received your Federal Consistency Assessment Form and supporting information on Seplember 22, 2008. On November 12, 2008, the Army Corps of Engineers informed us that the proposed activity does not require a federal permit, license, or other authorization. Therefore, further review of this project by the Department of State, and concurrence with your consistency certification, are not necessary. Please call me at (518) 474-1737 (or e-mail: Jennifer. Street~dos.state.n¥.us) if you have any questions regarding this matter, and refer to our file #F-2008-0723. Sincerely, ~Te~nnifer L. Street Coastal Resource Specialist Consistency Review and Analysis Office of Coastal, Local Government & Community Sustainability /jls COE/New York District - Frank Tangorra (#NAN-2008-1293-ETA) NYS DEC Region 1 - Matthew R. Penski (DEC#1-4738-03866/00001) WWW.DOS STATE.NY.US ' E-MAIL: INFOI~DOS.STATE.NY,US 'I'~ n of Southold LWRP CONSISTENCY ASSESS1VIENT FOR/VI A, INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this proposed actions that are subject to the Town of Southold Waterfi'ont Consistency Review assessment is intended to supplement other information used by a Town of Southold making a determination of consistency. *Except minor exempt actions inchtding and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of th/s form should review the exempt minor action list, policies and explanations of each policy contained in the Town ot' $outhold L~)ctd Waterfront Revitalization Program. A proposed action will be evaluated as to its Slgntli¢;t~]! beneficial and adverse effects upon the coastal area (which includes all of Southold Town) .3. If any question in Section C on this form is answered "yes", then the proposed action may ackievement of the LWRP policy standards and conditions contained in the Consistency Thus, the action should be analyzed in more detail and, if ne¢essary, modified pnor to determination that it is consistent to the maximum extent practicable with the L\VRP standards and conditions. If an action cannot be certified as consistent with the k\VR? standards and conditions, it shall not be undertaken, A copy of the LWRP is available in the following places: onhne at the Town of So'uthold's wchsitc (southoidtown.northfork.net), the Board of Trustees Office, the planmng Departmem, all Ioc~d libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): TownBoard [-~ Planning Dept. [-~ Building Dept. D BoardofTrustees~N~. l. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grantl loan, subsidy) (c) Permit, approval, license, certification: Nat'are and extent of action: Location of action:' 14~4-'/ O¥,/~V~'~dd~ Cu[~J~OO~- Present zo~g cl~ c on: O If'~ ~p~cation for ~e proPo~ ~fion h~ be~ filed ~ ~e To~ of Sou~old agency, the following i~o~afion s~ be pro~d~:~,., , (o) Tel~hone nmb~: ~e~ C0~~ (:]:~Sl- ~6 'q?41 Will the action be dkectly ~d~e~ r~e ~g, or.approvE by a state or federal agency? Y~'~ N; ~ . If yes,.w~ch ~te or f~ agenc~a; ~C 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 LVgRP Section III - Policies; Page'2 for evaluation crttcrla..:,. ~Yes [] No F~NotApplicable~T~ ~J'e/x~ ,.~.e .~'['t-~C[II~ Attach additional sheets ifn¢ccssary 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 A~Fu~ch 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 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP S ect)on III - Policies Pages' 8~through :10:-for evhlu ation' criteria'" es [] No ~-~ No APplic:~ 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 1.6 thr0ugh 21 f0r. eva!uationcriteria '~'~ Yes~-~No~Not~ppllca~l,e~;. ~,¢ A4Ja:l(,~4 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,~ ~,,, .~,, A~ach additional shcct~ if n~c~sary · 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 V-~ 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 "'"~eo~ ~ A~n:tC~ 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. 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 A~ach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, ~he Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. At~ach 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 [-~ 1~o~ Not Applicable-~- '~rt~,a ~'~ A~o~ Anach 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. Created on 5/25/05 11.'20 AM To: PrOlX~al: October 23, 2008 Southold Town Trustees and Mark Terry Construct double row of 90' rock revetment using 2 to 5 ton rock. Re-grade any disturbed areas reusing excavated materials and re-vegetate area. DEVELOPED COAST POL/C][ES POliCy I Foster a pattern of development in the Town of Southold that enhances community character, preserves open sixlce, makl~ efficient use of infrastructure, mak~ beneficial use of a coastal location, and minimizes adverse effects of development. Our proposal will be consistent with the surrounding properties. The adjacent properties have been approved for similar construction. The proposal will have no impact on open space or compromise the infrastructure of the Town of Southold. Policy 2 Preserve historic resources of the Town of Southold. Our proposal will have no impact on the historic resource of the Town of Southold. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal is consistent with the area. The proposed revetment will not have much impact on the visual quality or scenic resources of the Town. The rock is a much softer natural appearing structure. NATURAL COAST POIACZES Policy 4 Minimize loss of life, structures, and natural resource~ from flooding and erosion. The proposed revetment is an effort to control the erosion off this property. This property and the adjacent properties are attempting to stabilize the toe of bluff to prevent further erosion dudng extremely high tides or storm tides. The structure is approximately 28' landward of the high water mark so it does not impede onto public lands. Polly 5 Protect and improve wator quality and supply in the Town of Southold. Our proposal will have no effect on the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposal will not have any effect on the quality and function of the Town's ecosystem. The retaining wall will be constructed approximately 28' landward of the high water mark. Policy 7 Protect and improve air quality in the Town of Southoid. Our proposal will have no effect on the air quality in the Town of Southold. Policy 8 Minimize environmental degradaUon in the Town of Southold from solid waster and hazardous substances and wastes. Our proposal does not involve solid or hazardous waste. PUBLTC COAST POLZCTES POlicy 9 Provide for public a~cese to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. The revetment will have no effect on public access to coastal waters, public lands or public resources. The retaining wall will be constructed approximately 28' landward of the high water mark allowing enough space for the public to walk along the beach if desired. WORKING COAST POLTCZES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. Policy 11 Polio/12 Polio/13 The revetmentl will stabilize the toe of the bluff. Maintaining the integrity of the bluff so that the property owners will safely be able to use the staircase to access the beach so that they can engage in water dependent activities. Otherwise the proposal will not provide for new water-dependent activities in this area. Promote sustainable use of living marine resources in the Town of Southold, This proposal will have not any effect on the living madne resources in the Town of Southold. Prote~ agricultural lands in the Town of Southold. This proposal does not involve agricultural lands. Promote appropriate use and development of enargy and mineral resources. This proposal does not involve the development of energy and mineral resources. DAVID A. PATERSON GOVERNOR TO: CC: FROM: SUBJECT: DATE: STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORTC:S-VAZQUEZ SECRETARY OF STATE MEMORANDUM Mark Terry, LWRP Coordinator, Town of Southold Lauren Standish, Southold Town Trustees Jennifer Street, Coastal Resour~cialist, Consistency Review Unit, Division of Coastal Resources~,~,,'>_,? F-2008-0723 U.S. Army Corps of Engineers/New York District Permit Application Doris Gallagher, Install 90' of rock revetment at base of bluff, re-grade disturbed areas and re-vegetate bluff. 14347 Oregon Road, Cutchogue, Long Island Sound. October 10, 2008 Enclosed is a copy of the Federal Consistency Assessment form and permit application for the above-referenced project for your information and preliminary review for LWRP Consistency. Please contact me, the DOS reviewer assigned to this project, at (518) 474-1737 (e-mail: Jennifer. Street~dos.state.ny.us) to discuss applicable LWRP policies and concerns, and any additional information which may be necessary to assist you in reviewing this project. Any comments you may have will assist the Department in reaching a decision as to the consistency of the proposed action with the approved Town of Southold LWRP. We would appreciate hearing from you on this proposed project within 30 days CNQ~ 10, 2008). If we do not hear from you by that date we will~resume~ t~,t.yo,u.have'rro"~db~'~i'~s~to the proposed project. ~ - ~ Encl. C ~ /jls ~ cc: COE/New York District: Stacey Jensen NYSDEC Region 1: Matthew R. Penski WWW.DOS.STATE.NY.US * E-MAIL:INFO~DOS STATE.NY,US ! I o 4ooKr. CO~I Policy #44: Presewe and protect tidal and freshwater wetlands Coastal Policy #2: Facilitate the s'~Jng of w~r-depelde~t uses and facilities on or adjacent to coastal waters. Coa.,~i Policy #21: Wal~r-dependent and water-enhanced recreation will be encouraged and fadlitat~l, and will be given priority over non- D. ADD1TIONAL_~ fF~PS 1. If all of the quesliov-s in Secti0~ C are answered ~NO', Ilt~m the applicant °r ~m~ ~ ~1~ $~ E md submit t~e doo ~m~mtafilm reqtired by Section F. If any oflhe quesliom in Section C are answe~-,d "YES", the~ ~he applic~t or ag~ ~ ~ m ~t &e CM~, or ~ app~ulnialo, the local waterfron~ rev/~l;~on program docum~t*. The proposed aclivity be ~-~tyzed in more delail wihh respect to the applicable sta~ or local coastal policies. On a separae pages), lhe applicant or agent ~h~ll: (a) identify, by theh' policy mmah~, which coastal polities are affected by lhe activity, {b) briefly as~ss lhe e~ects of lhe aclivity upon lhe policy; and, (c) state how lhe activity is consiste~ with each policy. Following ~ comptetim of flzis written ass~sme~t, the applicant or agea~, complete Section E ~d submit the docum~on required by Section F. E. CERTIHCATION Tho applicant or agent must c~d f-y that Ibc proposed activity is consist~t wilh th~ Sla~'s CMP or&e approved local mfiunt mvi~li:,ation progia~a, as appropriate. If this certification can,or be made./he proposed aclivitv shall IlOt be I~ldel"takm. If {~flis c~ca/io~ ~ be msde, complete lhis Secfiov_ ~he proposed activity complies wilh New York Stain's approved Coastal Manag~amt Program, or with &e applicable a~prov~d local ~ont r~vitali~mion program, and will be conducted in a mman~ consistent with such progran~~ Telephone: AmaCodc(g~/) F. SUBMISSION REQUIREMENTS 1. Th~ applicant or agent shall submit the following doctunents to Ihe New York State Department of State, Division of Coaslal Reso~ces, 41 Stal~ Slreet - 8th Floor, Albany, New York 12231_ a. Copy ofori~,al signed form b. Copy of the completed federal agmcy applica6o~ c. Other available inforn'~c~ which would support the cenificati~m of consisteucy. 2. Tho applica~ or agent d~ll also submit a copy of this completed form along wiflt his/h~ ap~ ~ ~e federal ag~cy. 3. If lhea'e are any questions rel~cling the submission of this form, contacl ~h¢ Department of Stae at (518) 474-60(~. C. COASTAL ASSESSMENT C~eck either ~'F-S~ or ~NO~ for ~e.', of these questions. The n,,mbers following each question ~f~r to ibc policies described in the CMP document (see foomote ~ ~e 2) ~ ~ ~ ~ 1. Will the proposed activity result in m~y of the following: YnS N_~o ~. Large physical e~ge W a site within &e cc~al area which will require the preparation of en environm~dal im~ac~ ~ztement? (11,22,25,32,37,38,41,43) ................ b. Physical al;,-.a~on of mo~ than two acres of land along the shoreline, land ,,na~ waler or coastal w,~r~? (2,11,12,20,25,35,44) .......................... c. Rev~wl~'~o~/l~levelopm~ofadet~ior~tedorunde~'u~izedwat~f~Ontsite? (I) ....... cL Reduciinnofexisfingorpotentialpublicacce~tooralongcoastalwale~? (19,20) ... e. Adve~e effect upon lhe co,-,~e~ial or rec~Iio~l use of coastal fish resotax~s? (9,10).. [ $iiing of a facility essengal to the exploration, development md production of energy resourcos in coastal wai~ or on the Outer Conlinenlal Shelf?. (29) ................ g Sitingofafacilitycss~ltothegenerafionoriransmissionofenergy? (27) ........... k l~,-i-g, excavalion, or dredging activities, orfae placement of dredged orfill material in coas~ wam~. (15, 35) .................................................... i. Di.~'J~*~ge of toxics, b~7~dous substances or other pollutmts imo coastal wam~? ($, 15, 35) j. Dr~,~n~ofsio,,~,,-alernmofforsewerovorltowsintocoastalv, a~s? (33) ............ Tramport. storage,;'?"m"~l, ordisposalofsolidwastes°rb~rd°usmatesials? (36,39) L Adverse effect upon land or waler uses within the State's small harbors? (4) ......... 2. Will thc proposed activity affect or l~ loca~d in. on. oradjacemto~yofthefollowing: YES NO a. Stale designa~d freshwat~ or tidal wetland? (44) ................................ b. Federally a~ign-~d flood and/or state designatod erosion hazard area? (I1,12,17,) c. State desigmted si~ificam fish md/ur wildlife habilm? (7) ...................... cL Slate de~nmed si~ific~t scenic resource or area? (24) ........................... e. Statodcsignatedimportantagncultm'allands? (26) ............................... £ Be~-h.d~orburtierisland? (12) ......................................... g Major porls ofAll~y, Bm~falo, Ogde~sburg, Oswego or New York? (3) ............... h. Siate, county, orlocalpark? (19,20) .......................................... i. HistoricresourcelistedontheNaticaaalorSla~Regisi~rofHistoricPlaces? (23) 3. V~rdl the proposed activity require any of the following: YES NO ~ W~I',~ntsi~? (2,21,22) ................................................. -~-- b. Provision of new public services or infvestructure in undeveloped or spn~ly populaIed seciions of the coastel ama? (5) ............ ? .................................. ~' c. Conslnon,-tionorreconstmctionofafloodorerosinnconlrolslructure7 (13,14,16) ....... ~/ d. SI~ewaIetqualityl~mitorcertificafion? (30,35,40) ............................ __ d' e. Stal~airqualitypea~torcerliflcaflon? (41,,~3) ................................. __ d' 4. V~-dl the ¥~ ~posed aciiviiy ocour wi~in and/or affect an area covc~ed bY a Stat~ ~t~p~oved I°cal walerfro~ revitalization pro~,? (see policies in local prog~a document) .............. __ a~ Rec'd Coas~ai Resources NEW YORK STATE DEPARTMENT OF STATE COASTAL MANAOI~VlENT PROGRAM F~ Cc,~-~e~ Assess~ Form l)c, pamneut of C. omme~ ~imicus (15 CFR 930.57). R should be compl__e,~d__ at ~he ~ wtsm ~he ~ Su~ or Site PART II - IMPACT ASSESSMENT (To be compte~_ea_ by Lead Agency) A. DOESACTION EXc;~-t=uANYT~PE I THRESHOLD iN 6 NYCRR, PART 61747 If yes, coordinate the reviewproce~s and use the FULL EAF. [~]Yes ~--lNo * ' B. W~LLACT~NREcE~vEc~RD~NATEDREV~EWASPR~v~DEDF~RUNL~UACT~NS~N6NYcRR~PART617~6? IfNo, anegative declaration rrmy be superseded by another involsed agency. r-1 Fl"o C. COULD ACTION RESULT IN ANY ADVERSE C~-I-E. CTS ASSOCIATED VvT'rH THE FOLLOWING: (Answers may be handwritten, if legible) C1,. Existing a r qua ity, surface or groundwater quality m' quantity, noise levels, existing a'affic pattern, solid waste production or disposal, potential for erosion drainage or flood ng pmb~lems'~ Explain briefly: C2. Aesthetic, ngdcJditural, archaeological, historic, or other natural or cultural resources; or community or neighbonhood character?. Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significem habitats, or threatened or endangered specles'~ Ex~lain I~riefiy: C4. A community's existing plans or goals as officiaJly adopted or a change in use or intensity of use of isnd or other natural resources'~ Explain briefly' C5. Growth, subsequent, development, or related activiUes likely to be induced by the proposed acifon*~ Explain briefly: C6. Long term, short term, cumulative or other effects not identified in Cl-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy? Fxplaio bdefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARAC'~ u.~ISTICS THAT CAUSED THE ESTABLISHMENT OF A ~ ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS T: ~-'-~,", OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ]Yes [] No If Yes, explain briefly: PART III - Dc. iI=KMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection v4th its (a) setUng (i.e. urban or rural); (b) probability 6f occurring; (c) duration; (d) irreversibiJity; (e) geographic scope; and (f} magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, If ques§on d of part ii was checked yes, the determ~nation of s~gnificanca must evaluate the potential ~mpact of the proposed action on the environmental cha~-,c;.e~i=~s ofthe CEA. [] Check this box if you have identified one or more potentially large or significant adverse impacta which MAY OCChr. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check th~s box if you have determined, based on the reformation and analys~s above and any supporting documentation, that the proposed actio~ WILL NOT result in any significant adverse envimnmentel impacts AND provide, on attachments as necassafy, the reasons supporting thi: determination. Name of Lead Agency Date Print or Type Name of Respons!ble,Offiosr in Lead Agency YPJe of Pa.~sponsible Officer Signature of Resp~,=,=i~= Officer in Lead Agency G~,-,=;.um of Preparer (If difi'==nt from responsible officer) 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by AI 1. APPLICANT/SPONSOR ~plicant or Project Sponsor) 2. PROJECT NAME 3. PROJECT LOCATION: Municipality ~" ~' 7'~ '/'~ ~C"'~ (-,~ ~' County ~ K..),~"~3 x' I(, 4. PRECISE LOCATION (Street address and road intemections, prominent laodmanV, s, etc., or provide map) / /,:/ ~ ~- 5. PRO~CTION ISD Expansion [] Modification/alteration 7. AMOUNT OF LAND AFFECTED: Initially ~o / acres Ultimately O · ! acres 8. WILL PROPOSED ACTION COMPLY VVITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly 9. WHAT,..? P~ESENT LAND USE IN VICINITY OF PROJECT? L_l.l.l.l.l.l.l.l.l~Residential [] Industrial [] Commercial [] Agriculture [] PaddForest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FED.~J-, STATE OR LOCAL)? ~rYes [] No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF .THE ACTION HAVE A CURRENTLY VA]JD PERMIT OR APPROVAL? [] Yes [~o If Yes, list agency(s) name and permitJapprovals: 12. AS A RESULT OF PRO~I~SED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes ~"No 1 CERTIFY THAT T~E INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ~~o ~~ Date: ~F IIf the action is in the Coastal Area, and you are a state a~lency, complete the Coastal Assessment Form before proceeding with is assessment I OVER 1 .]OZNT APPLZCATXON FORM - PAGE 2 OF 2 Submit this completed page as part of your Application. 7. Project Description and Purpose: Provide a complete narrative description of the proposed work and its purpose. Attach additional page(s) if necessary. Include: description of current site condiUons and how the site will be modified by the proposed project; structures and fill materials to be installed; type and quantity of materials to be used (i.e., cubic yds or square Fc of flu material below ordinary high water, or of structures below mean high water); area of excavation or dredging, volumes of material to be removed and location of dredged material disposal or use; work methods and type of equipment to be used; pollution control metheds and mitigation activities proposed to compensate for resource impacts; and where applicable, the phasing of activities. proposed Use: [~l~rivate [] Public [] Commercial will Project Occupy Federal, State or Hunicipal Land? If yes, please specify. Has Work Begun on ProJect? ~ Yes [~No If Yes, explain. Proposed Start Date: IEstimated 8. List Previous Permit / Application Numbers (if any) and Dates: 19. Will this project require additional Federal, State, or Local Permits [~es [] No including zoning changes? ,~VS :Z:~-, ~-~¥~.2::~, ..~co,~, "/"au.,,*; o,~ Completion Date: If Yes, please list: to which you are filing an application. For Agency addresses and areas covered, refer to the Agency Contact Information on the Application Instructions - Page 2. RRLGION i Stony Brook ION 2 Long Island City REGION 3 New paltz REGION 4 Schenectady -]REGION 4 Stamford Sub-Office ~US Army Corp~ of Engineers ['~-~/~Y District, NYC [~] NY District, Watervliet F~ Buffalo District --'] NYS Department of Environmental Conservation REGION 5 Ray Brook REGION 5 Warrensburg Sub-Office REGION 6 Watertown REGION 6 Utica Sub-Office [~YS Department of State [~]REGION 7 Syracuse [~]REG[ON 7 Cortland Sub-Office [~IREG[ON 8 Avon ['~ REGION 9 Buffalo ~REGION 9 Allegany Sub~flce []NYS Office of General For AgelteY U~e Only (Agency Name) Agency Representative: Name (printed) Signature 3OtNT APPLICAT'iON FORM 05/08 DETERM][NATZON OF NO PERMZT RE(~UXRED Agency Project Number has determined that No Permit is required from this Agency for the project described in this application. Tit~ Date Application Form Page 2 of 2 .]OZNT APPLZCATTON FORH For Permits/Determinations to undertake activities affecting streams, waterways waterbodie$, wetlands, coastal areas and sources of water supply. Separate Permits/Determinations must be obtained from each involved agency prior to proceeding with work. Please road all instructions. New York State US Army Corps of ' Engineers (USACE) 1. Check All That Apply: 2. Name of Applicant (use full~me~ja,~,~ ~,pplicant must be (check all that apply): NYSDepartmentofEnviroo- :~,~/~-~/~/'~ ~,~..f(/,~ [~wner [] Operator [] Lessee F'~ Dams and impoundment J3. Name of Facility or Property Owner, il= different than Applicant Reo'd Coastal Resources [] Wild, Scenic and Recreational !4. Coatact/Agent Name ICompany Name [] Water Supply [] Long tsland Well iStreet Address []Aquatic Vegetation Control ,~ [] Fish Control i Pest~.~,~s;~,~:=lp ~'Office City ~tate,~/. ~' Zip/[ ~'~'C°de Telephone~/) ,~'7~-/~;~ ~ .(daytime) Emall US Army Corps of Engineers 15. Project ! Facility Name IProperty Tax Nap Section / Block / Lot Number [] sedan 404 c~n water ~ct I /0 00_ ?~,_ ~. _! Number(s): (State Owned Lands Under Water) r--]Utility Easement (pipelines, ITown / Village / City ~ounty NY$ Departmeet of State herewith is true to the best of my knowledge and belief. False statements mede herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the appiioant accepts full responsibility fur all damage, direct or indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and agrees to indemnify and save harmless the State from suits, addons, damages Signature of Applicant Printed Name Title Date Signature of Owner Printed Name /~Z-/-~.r~ Title Date 3OTNT APPLiCATiON FORt4 0S/08 Application Form Page I of 2 }~ur pt~cL My answ~ may be co~dnued on separ~ shee~s) of paperto be PRIVACY ACT STATEMENT Pmvide a ~ n~ of pho~ So as ~ pmvide a dear u~ be any barge overflow. MOORING FACIL.f71ES /,/ //~ Answer ffte [ogowing if your pmject includes lhe co~-;,,~on or rel~b~;,,;;on of t. It is generally ~ that any f~ed piers and walk ramps be limited ~o ~our feet i~ width, a~l that fl~,.'~ be Iimi~d ~o eig~t ~et in wfd~ and mst at least ~v~'eetaboveff~e w,,;~aybo~omatmean/oWW'd~. Terminal floats at priva~, 2. Us~g your plan view, showto scale the Iocatk)n(s), posi~on(s) and size(s) ('including ~ngth, beam and c~.~ of vesse;(s) ~o be moo~ec; at the proposed d'~.uss f~e ~ below and indic~e ~ distance ~o ~ nearest ;wa~ble 4~ India;= on your plan view the distance to adjacent marine =&,,~ures, if any are proximate and show the ~ and d~mensions of such (conf~tued on next page) s~re(s) and vessW(s) moored ~e~ from wMms ~om p~.g ve~s~s. BUUOIEADDJ~AJ~K STA;II lT, q .~_~_,'l~ ~ ~NG ACTIVI~ 2. indicam the source(s) and type(s) of fil ~. -~, ,~.~,-~ . ~ Dejxirlment offtw Ah,,g pmmits. [tis inJended ~ oM,JaM or reduce fhe Piease feei free ~g) add any additional infommfion regard~ng your pmject which . Re: Coastal PoliOes # ~ o t,~ ~-/~, C, oa~l Policy #13: The com~buc~on or recor.~n of erosion protec~ion ~~ ~1 ~ ~ ~ f ~ ~e a reasonable probabil~ of e0nlroJng ero~km for at least thirtl, years as maintenance or re~ac~ement programs. Coastal Policy #16: Public fund~ shall only be used for erosion protm:tive structures where ~eo~sary to protect human li~, aM COASTAL POLICY #12: ACTIVITIES OR DEVELOPMENT IN THE COASTAL AREA WILL BE UNDERTAKEN SO AS TO MINIMIZE DAMAGE TO NATURAL RESOURCES AND PROPERTY FROM FLOODiNG AND EROSION BY PROTECTING NATURAL PROTECTIVE FEATURES INCLUDING BEACHES, DUqNES, BARRIER ISLAND AND BLUFFS.