The URL can be used to link to this page

Home My WebLink About1000-37.-4-17OFFICE 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 Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: February 10, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for GARDINER'S BAY HOMEOWNERS ASSOCIATION SCTM#37-4-17 Costello Marine Contracting Corp. on behalf of GARDINER'S BAY HOMEOWNERS ASSOCIATION requests a Wetland Permit to maintenance dredge (10 year maintenance) 1,000 cy. of sand from main channel to -4' below mean Iow water and u~e spoil as beach nourishment. Located: Gardiner's Bay Estates channel/boat basin, Spring Pond. SCTM#37-4-17 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 LWRF policy standards and therefore is CONSISTENT with the LWRP. Policy 10 Protect Southoid'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. Dredging is an essential activity but with costs and impacts that require it to be undertaken only to the extent necessary to meet the current and future needs of water-dependent uses of the Town of Southold. The Town of Southold will work in cooperation with New York State, Suffolk County, the Village of Gmenport and private owners of water-dependent uses to: Protect and maintain existing public and private navigation lanes and channels which provide access to the Town's wate?dependent uses. 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. 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats The location of the proposed dred~,in~, ~roieet is next to Orient Harbor~ a Significant Coastal Fish and Wildlife Habitat (SCFWH) recognized by the Town as worthy in protecting. 5.3 Protect and enhance quality of coastal waters 8.3 Protect the environment from degradation due to toxle pollutants and substances hazardous to the environment and public health. To further advance the Town of Southold's LWRP policy standards referenced above~ the following Best Management Practices BMP's are recommended: 1) 3) The deployment of silt boom surrounding the immediate project area prior to and during all intertidal operations. All operations (activities) associated with the proposed dredging project should occur outside of shorebird; breeding, nesting and fledging period (March 15th through August 15th). Maintain the existing shoreline slopes where dredge material will be deposited to promote the use of the shoreline area by nesting shorebirds and other shore dependent species. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Designated: Date Revised: County: Town(s): 7½' Quadrangle(s): Orient Harbor March 15, 1987 May 15,2002 Suffolk Southold Orient, NY-CT; Greenport, 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: Moderately shallow open water bay area; common in Peconic Bays area, but rare on Long Island. Eelgrass beds of statewide significance. 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: Osprey (SC) nesting. Atlantic ridley turtle (E), green turtle (T), loggerhead turtle (T) occur in the area. Calculation: 36 + (25/2) + (25/4) + (16/8) = 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: Commercial bay scallop shellfishery is significant in the northeast region of the United States. 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: Concentrations of bay scallops significant inthe northeast region of the United States; waterfowl concentrations significant between county and regional level. Replaceability (R)--ability 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: Irreplaceable. 64 56.75 25 25 1.2 Habitat Index = [ER + SV + HU + PL] = 170.75 Significance = HI x R = 204.9 Page 1 of 6 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE ORIENT HARBOR LOCATION AND DESCRIPTION OF HABITAT: Orient Harbor is located near the eastern end of the north fork of Long Island, in the Town of Southold, Suffolk County (7.5' Quadrangles: Orient, NY-CT; and Greenport, NY). This area is approximately 1900 acres in size, consisting primarily of open water area in the harbor, along with an undeveloped tidal wetland ama and Dam Pond area on its north shore. Water depths in most of the harbor are generally less than 20 feet below mean low water. The harbor is bordered by much undeveloped land, including Orient Beach State Park to the east and south, and low density residential development on the west. FISH AND WILDLIFE VALUES: Orient Harbor is generally representative of the Peconic Bays ecosystem, in being a broad expanse of moderately shallow water. This habitat type is unlike the very shallow bays on the south shore of Long Island or the relatively narrow bays on the north shore. The tidal wetlands area adjoining Orient Harbor are an important component of this ecosystem, contributing to the biological productivity of the area. The Harbor supports extensive, healthy eelgrass beds, of statewide importance. Orient Harbor is an important habitat for a variety of fish and wildlife species. From November through March, Orient Harbor supports wintering waterfowl concentrations of regional significance. Mid-winter aerial surveys of waterfowl abundance for the ten year period 1975-1984 indicate average concentrations of over 500 birds in the area each year (1,825 in peak year); for the 1986-1996 period the annual average concentration of birds was almost 200 (354 in peak year). Species observed included American black duck, mallard, mute swan, merganser, scaup, goldeneye, buffiehead, oldsquaw, and Canada goose. Orient Harbor is also inhabited by several nesting pairs of osprey (SC) during the breeding season, which utilize man-made nesting platforms located in the salt marsh north of the harbor. The potential exists for additional nesting pairs at this site. Diamondback terrapin have been obse[ved here but the extent to which the area is used by this species is not adequately documented. This area may also provide important breeding habitat for horseshoe crab, but additional documentation is required. Orient Harbor is a productive habitat for marine finfish and shellfish. A 1996 Peconic Estuary Program study found extensive eelgmss beds fringing Orient Harbor, supporting abundant bay scallop populations. This area is one of the top scallop producing areas on Long Island, supporting a commercial shellfishery significant in the northeast region of the United States. Between May 15 and October 31, an administrative closure for shellfishing is in effect for the area immediately north of the Orient Yacht Club. Page 2 of 6 The harbor also serves as a nursery and feeding area (from April-November, generally) for many estuarine fish species, and is an important spawning area for weakfish, winter flounder, and scup. Recent research has shown that this general area may be an important summer feeding and nursery area for juvenile Atlantic ridley sea turtle (E). Atlantic ridley, green (T), and loggerhead (T) turtles have all been documented in this habitat. IMPACT ASSESSMENT: Any activity that would substantially degrade water quality in Orient Harbor would affect the biological productivity of this area. All species offish and wildlife would be adversely affected by water pollution, such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity or sedimentation, stormwater or mad runoff, and waste disposal (including boat wastes). It is essential that high water quality be maintained in the area to protect the bay scallop fishery. 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 motorized vessels should be controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Thermal discharges, depending on time of year, may have variable effects on use of the area by marine species and wintering waterfowl. Installation and operation of water intakes could have a significant impact on juvenile (and adult, in some cases) fish concentrations, through impingement or entrainment. Construction of shoreline structures, such as docks, piers, bulkheads, or revetments, in areas not previously disturbed by development (e.g., natural beach or salt marsh), may result in the loss of productive areas which support the fish and wildlife resources of Orient Harbor. 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. Docks may be detrimental to nearshore eelgrass beds because of shading, and review of proposed new docks in Orient Harbor should be conducted with these potential impacts to eelgrass beds in mind. Restoration opportunities for eelgrass may exist in the bay if water quality parameters are appropriate, and should be explored. 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 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 Town of Southold Town Hall 53095 Main Road; P.O. Box 1179 Southold, NY 11971 Phone: (631) 765-1801 Office of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead, NY 11901 Phone: (631) 852-2077 NYS Sea Grant Extension Service Comell University Laboratory 3905 Sound Avenue Riverhead, NY 11901 Phone: (631) 727-3910 Page 4 of 6 Comell Cooperative Extension Marine Program 3690 Cedar Beach Road Southold, NY 11971 Phone: (631) 852-8660 Paul Stoutenburgh 4015 Skunk Lane Cutchogue, NY 11935 Phone: (631) 734-6605 Page 5 of 6 s ~ d' ISLAND EASTERN SHALLOWS To print on 85 x I 1 set printer to Fit to Print o~ reduce to 64% G A R Page 6 of 6 Town of Southold LWRP CONSISTENCY ASSESSNfENT FORM A, INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CC-xA: proposed actions that are subject to the Town of Southold Waterfront Consistency Re~,iew Lax~ '['Ills assessment is intended to supplement other information used by a Town of Southold ;~gcncv making a determination of consistency. *Except minor exempt actions inc&ding Building and O?her ministerial permits not located within the Coastal Erosion Hazard Area. .3. 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 signiScant beneficial and adverse effects upon the coastal area (which includes all of Southold Town) It' any question in Section C on this form is answered "yes", then the proposed action may aft;zct thc achievement of the LWRP policy standards and conditions contained in the consistency Thus, the action should be analyzed in more detail and, if necessary, modified pno~/ to mzdci~,_, a determination that it is consistent to the maximum extent practicable with the LWPd~ pol~c,, standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town (southoldtown.northfork.net), the Board of Trustees Office, the Planning 1)X~k~.me(j~Nakl 1~5¢at libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# + The Application has been submitted to (check appropriate responsez. Town Board Planning Dept. Building Dept. Board ,of TrusM~S l. Category of Town of Southold agency action (check appropriate resions¢~__..._- (a) Action undertaken directly by Town agency (e.g. capital construction, plann/ng activity, agency regulation, land tranaaefion), (b) Fknancial assistance (e.g. grantl loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: ,Location of action: (~q. lr&JA~L ~ Site acreage: ~ Present zo~g cl~sifiCafiom ~ ~ If an application for the proposed ae't~Oti has 'been filed ~th the Town of Southold agency, the following ~nformataon shall be provtdefl: (b) Mailing address: · (c) Telephone number: Ar~ Co~!i (:; }': (d) Applicatign nmnber, if any: Will the action be directly Undertaken, roquire funding, or approval b a state y or federal agency? Yes ]~ No [--] . If yes,,which state or. fed0ral agency'? 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 benefici~il use of a coastal location, and minimizes adverse effects of development. See LWRP Section III- Policies; Page2 for evaluation criteria. ~]Yes [] No ~ NotApPlieable~:r~' ' 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- 4~[~. Attach additional ~hee~ i£necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~ Not Applic~!e ~ At~ach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Mini .m. iz.e loss of life, structures~, and natural r~sources from flooding and erosion. See LWRP Section III - Pobc~es Pages'8,through,l 6:f~r' ewluation '~riteria i-'l ~es ~ No ~1 Not 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 16 through 21 f0revaluation criteria ~ ~., . , ~ 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 IH - Policies; Pages 22 through 32 for evaluation criteria. ~-~ Yes ~ No ~ Not Applicable i , ,~ , ~ , ~,., ~. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town~ters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation cri~teria. '[]]]] Yes L/~No [] Not Applicabi~ n , [ 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 ~ N0~ NotApplica~[~ ~-' 0_~ Ar~ach 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. DYes ~ No~ Not Applica b~]~l~ Created on 5/25/05 11:20 AM Date: To: .January 27, 2009 Southold Town Trustees and Mark Terry DEVELOPED COAST POLICIES Polio/1 Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes benet'~ial use of a coastal location, and minimizes adverse effects of development. Our proposal is consistent with this polio/in that this channel is routinely maintained to allow for the members of the homeowner's assodation to boat in and out of Spring Pond safely. PoI~/2 Preserve historic resources of the Town of Southold. This project location has no significant historic resources. Polio/3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will not have a negative impact on the visual quality or scenic resources. This proposal is consistent with the area. This area has been dredged within the last few years. NATURAL COAST POL/CZES Polio/4 Minimize loss of life, structures, and natural resources from flooding and erosion. This project has will have no flooding or erosion concerns. Polio/5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of 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 proposed maintenance dredge will maintain the water depth of the exislJng channel. The area has been routinely dredged to allow safe boating access to Spdng Pond. We are not proposing anything different than what had previously been allowed. Polio/7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Polio/8 Minimize environmental degradaUon in the Town of Southold from solid waste and hazardous sub~nces and wastes. Our proposal will not influence the environmental degradation in the Town of Southold from solid waster and hazardous substances and wastes. The dredge spoil is clean t~ansported sand. The area has been dredged within the past few years so the build up and scoudng is relatively new. PUBLIC COAST POLICTES Polio/9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owners the ability to safely access Spdng Pond. There will be no difference in the ability of the public te access public resources of the Town of Southold. WORK/NG COAST POLICZES Polio/10 Protect the Town of Southold's wirer-dependent uses and promote slung of new water- dependent uses in suitable IocaUons. This is an existing channel leading to Spring Pond where there are a number of waterfront properties. Maintaining the channel will allow these homeowners to engage in water dependent activities and the ability to reach larger bodies of water. Policy 11 Policy 12 Policy 13 Promote sustainable use of living marine resources in the Town of SouUtold. Our proposal is consistent with previous activities in this area. The channel is an active waterway and not the most desirable habit for living marine resources. Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources. JAN 2 8 2009 0