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HomeMy WebLinkAboutTR-7210Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0586C Date September 22, 2010 THIS CERTIFIES that the 77' of double row of stone at toe of dune, underlain with filter fabric and core stone with the placement of sand over stone and plantings, and stone steps At 370 Harbor Rd., Orient Suffolk County Tax Map #27-4-6 Conforms to the application for a Trustees Permit heretofore f'fled in this office dated 10/22/09 pursuant to which Trustees Wetland Permit//7210 and Coastal Erosion Permit #7210C dated 11/18/09 were issued and Amended on 9/22/10 and conforms to all of the requirements and Conditions of the applicable provisions of law. The project for which this certificate is being issued is for 77' of double row of stone at toe of dune, underlain with filter fabric and core stone with the placement of sand over stone and plantings, and stone steps. The certificate is issued to ~YAN RIEGER.owner of the aforesaid property. u~t~or~e: S~at~ur Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town H~lAnnex 54375M~nRoad P.O. Box 1179 Southold, New York l1971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 September 22, 2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Yah Rieger 370 Harbor Rd. P.O. Box 491 Orient, NY 11939 RE: 370 HARBOR RD., ORIENT SCTM#27-4-6 Dear Mr. Rieger: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., September 22, 2010: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit #7210 and Coastal Erosion Permit #7210C to allow for two rows of stone at the toe of the dune, and as depicted on the plan received on 9/16/10 and stamped approved on 9/22/10. This is not a determination from any other agency. Sincerely, Jill ~] Doherty, President Boa~ of Trustees JMD:lms Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE..~SPECTION: Ch. 275 L'""/ Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain st 1 day of construction % constructed JProject complete, Compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction % constructed Project complete, compliance inspection. RiegerArt & Design AUG 1 6 2010 Southhotd Town Board of T~ustees yan& francoise rieger 370 harbor rd. box 491 orient, n,y. 11957-0491 tel/fax (631) 323-2579 fyr2 (~optonline.net 08/16/10 Board of Town Trustees ]ames King, President Jill Doherb/, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio Ir. Lauren Standish - Secretarial Assistant Elizabeth Cantrell, Clerk Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 Re: Demand for a wetland permit. Dear Mister King, I would like to thank you and all Town Trustees for the approval of our first Application. We contracted Latham Sand and Gravel Company for the implementation as per permit. Unable to obtain and handle the size of rocks indicated on the submitted drawing he suggested to divide the rocks in two and place them in a similar fashion Being unaware of the formality required and being unable to locate a contractor with heavier equipment on the north fork, I proc&led with Latham Gravel. We are herewith asking the Trustees to consider the amended project plan submi~ed Enclosed please find the amended scale drawing. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfcl Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT~-"- DATE AGENT PHONE ADDRESS PROPERTY LOCATION TAX MAP NO. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ~ constructed "7'[~ 1[ J/ Project complete, c~mpliance inspection. FROM :RIEGERxLITURGICART+DESIG~ FAX NO. 22 2010 02:02RM P1 Pe~' A. Dickerson Dave ~ ~r,~m ~-I'a 11 P,O. Box 11~9 ~u~old, New York 11971-~59 Fax (631) 765-6641 BOARD OF TOWN TRUSTI~-8 TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE pole N~.m._lg~r J1' EL = -/' I:relll~ o¢cess AUG 1 6 2010 $outhhold Town Board of Trustees ~ ~56o14,27,,W Peter TOWN OF SOUTHOLD CROSS¥1EW 9 W~propose: To install a~'row~of stones at the toe of the dune. Stones to be 1 to 2 tons in size, plus underlain by filter fabric. Stones to be installed approxima~ly 6 inches below grade. Stones will be covered with sand and planted with beach grass. Beach grass will be maintained yearly. Stone steps will be built into the stones. ,, ) Peters James F. King, President Jill M. Doherty, Vice~President Peggy A. Dickerson Dave Bergen Bob Ghos±o, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction % constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7210 DATE: NOVEMBER 18, 200P ISSUED TO: YAN RIEGER PROPERTY ADDRESS: 370 HARBOR ROAD~ ORIENT SCTM# 27-4-6 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution o£the Board of Trustees adopted at the meeting held on November 18, 2009, and in consideration of application fee in the sum of $500.00 paid by Yah Rieger and subject to the Terms and Conditions ns statcdin the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to install 77' of a Single row of stOne (one to two tons' in size) at toe of dune, underlain with f'dter fabric and core stone and place sand over stone and plantings, and install stone steps, with the condition that only a single row of stone is to be installed, and as depicted on the project plan prepared by Yah Rieger, last dated November 21, 2009, and stamped approved on December 11, 2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Coq~orate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. P_ggy Didkernoh TERMS AND CONDITIONS The Permittee Yan Rieger, residing at 370 Harbor Road, Orient, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third pa~ties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the pr6visions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtai.n all other permits and consents that maY be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #: 7210C Date: November 18, 2009 SCTM#: 27-4-6 Name of ApplicanYAgent: Yan Rieger Name of Permittee: Yan Rieger Address of Permittee: 370 Harbor Road, P.O. Box 491, Orient, NY 11957 Property Located: 370 Harbor Road, Orient, New York DESCRIPTION OF ACTIVITY: Coastal Erosion Permit to install 77' of a single row of stone (one to two tons in size) at toe of dune, underlain with filter fabric and core stone and place sand over stone and plantings, and install stone steps. The Coastal Erosion Management Permit allows for the operations as indicated on the project plan prepared by Yan Rieger, last dated November 21, 2009, and stamped approved on December 11,2009. Permit to construct and complete project will expire two years from the date the permit is signed. INSPECTION: Final Inspection SPECIAL CONDITIONS: (apply if marked) N/A Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. N/A A relocation agreement is attached hereto and is a necessary special condition of this permit. N/A A maintenance agreement is attached with application and is a necessary special condition of this permit. Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 November 18, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Yan Rieger P.O. Box 491 Odent, NY 11957 RE: 370 HARBOR ROAD, ORIENT SCTM# 27-4-6 Dear Mr. Yan Rieger: The Board of Town Trustees took the following action during its regular meetings held on Wednesday, November 14, 2007 and on Wednesday, November 18, 2009 regarding the above matter: WHEREAS, YAN RIEGER applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, and Chapter 111 of the $outhold Town Code, Coastal Erosion Hazard Areas, original application dated October 22, 2007, and amended application dated October 22, 2009, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 4.1 & 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: only a single row of stone is to be installed, and WHEREAS, Public Hearings were held by the Town Trustees with respect to said odginal application on November 14, 2007, and amended application on November 18, 2009, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 and Chapter 111 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southoid Town Code, and, RESOLVED, that the Board of Trustees approve the amended application of YAN RIEGER to install 77' of a single row of stone (one to two tons in size) at toe of dune, underlain with filter fabric and core stone and place sand over stone and plantings, and install stone steps, with the condition that only a single row of stone is to be installed, and as depicted on the project plan prepared by Yan Rieger, last dated November 21, 2009, and stamped approved on December 11,2009. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 50.00 Very truly yours, James F. King President, Board of Trustees JFK/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated (~r'c~ ~ has been reviewed by this Board at the regular meeting of and your application has been approved pending the completion of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) V/Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft,) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or fa-application fees will be necessary. You will receive your permit upon completion of the above, COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $. ,~(-~ ~ BY: James F. King, President Board of Trustees ~ PF~OJEGT PLAN u,m._he r ~ -.': .... 5TO~E .... EL = -p I ~orogm I Frame Hov. se .... 370 I~arbor ~oad 48~.;2. ' CROSSVIEW We propose: To ins~l a single row of stones at the toe of the dun~. Stones to be 1 to 2 tons in Size, plus underlain by fdter fabric. Stones to be installed approximately 6 inches below grade. Stones will be ,c9. Vered wi~ sand ~nd planted with beach grass. Beth grass will be maintained yearly. Stone steps will be built into the stones. James Eckerd, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Thurs., November 12, 2009, the following recommendation was made: Moved by Doug Hardy, seconded by Jack McGreevy, it was RESOLVED to NOT SUPPORT the Wetland Permit application of YAN RIEGER to install 77' of a single row of stone (one to two tons in size) at toe of dune, underlain with filter fabric and core stone and place sand over stone and plantings, and install stone steps. Located: 370 Harbor Rd., Orient. SCTM#27-4-6 Inspected by: Peter Young, Doug Hardy The CAC does Not Support the application at this time because there should be a coordinated mitigation plan with the adjacent property owner (Gilooly). Vote of Council: Ayes: All Motion Carried James F. King, President Jill M. Dohe~y, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. PO Box 1179 Southold. NY 11971 Telephone(631)765-1892 Fax (631)765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: YAN RIEGER requests a Wetland Permit and Coastal Erosion Permit to install 77' of a single row of stone (one to two tons in size) at toe of dune, underlain with filter fabric and core stone and place sand over stone and plantings, and install stone steps. Located: 370 Harbor Rd., Orient. SCTM#27-4-6 Type of area to be impacted: __Saltwater Wetland __Freshwater Wetland Sound __Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: __ Wetland __Administrative__Emergency Coastal Erosion Pre-Submission __Amendment Violation Info needed: Modifications: Conditions: Present Were: __J.King __J.Doherty __P.Dickerson __ D. Dzenkowski other Form filled out in the field by D. Bergen__ B.Ghosio, Mailed/Faxed to: Date: New York State Department of Environmental Conservation Division of Environmental Permits SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Telephone (631) 444-0372 Facsimile (631) 444-0360 September 15 2009 Alexander B. Grannis Commissioner Mr. Yan H. Rieger P.O. Box 491 Orient, NY 11957 RE: 1-4738-03817/00001 Dear Permittee: 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 carefully read al! permit conditions and special conditions contained in the ,permit to ensure compliance during the term of the permit. 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. Sincerely, Claire K. Werner Environmental Analyst CKW/ls Enclosure NEW YO~,K STATE DEPART~T OF ENVIRONMENTAL CONSERVA~' Facility DEC ID 1-4738-03817 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: YAN H RIEGER PO BOX 491 ORIENT, NY 11957 Facility: RIEGER PROPERTY 370 HARBOR RDISCTM# 1000-27-4-6 ORIENT, NY 11957 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Orient Facility Principal Reference Point: NYTM-E: NYTM-N: Latitude: Longitude: Project Location: 370 Harbor Road - Watercourse - Orient Bay Authorized Activity: Install 77' of a single row of stone (one to two tons in size) at toe of dune, underlain with filter fabric and corestone and place sand over stone and plantings. Install stone steps. All work must be in accordance with the attached plans stamped NYSDEC 'approved on 9/15/09. (CKW) Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-03817/00001 New Permit Effective Date: 9/15/2009 Expiratio. n Date: 9/15/2014 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-03817/00002 Ne~v Permit Effective Date: 9/15/2009 Expiration Date: 9/15/2014 Excavation & Fill in Navigable Waters - Under Article 15, Tire 5 Permit ID 1-4738-03817/00003 New Permit Effective Date: 9/15/2009 Expiration Date: 9/15/2014 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: MARK CARRARA, Deputy Regional Permit Administrator Address: NYSDEC REGION I HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY 11790 -3409 Page 1 of 6 HEW YORK STATE DEPART T OF ENVIRONMENTAL CONSERVA ' Facility DEC ID 1-4738-03817 Distribution List Marine Habitat Protection CLAIRE K WERNER Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the FOllowing Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS 1. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 2. Notice of Commencement 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 d~ys of completion of project, the bottom portion of the form must also b¢ signed and returned, along with photographs of the completed work. 3. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from' construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 4. Storage of Equipment, Materials The storage of construction equipment and m~tterials shall be confined to landward of the dune. 5. No Beach Excavation For Fill No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 6. No Equipment bel6w Apparent High Water Equipment operation below (seaward) apparent high water is strictly prohibited. 7. Rock Revetment Rock revetment shall consist of one row of one to two ton stone placed at toe of the existing dune and underlain with filter cloth. Page 2 of 6 NEW Y ORK STATE DEPART~T OF ENVIRONMENTAL CON5 Facility DEC ID 1-4738-03817 8. Plant Beach Grass The area of fill placement shall be planted with American Beach Grass plated 12 inches on center during the first growing season following placement, but not more than 6 months following the placement of fill. The permittee shall maintain a beach grass survival rate of at least 85% after 3 years. Any grass planted after April 15 of any calendar year shall be irrigated. 9. Maintain Dune The permittee shall maintain the reconstructed dune and vegetative plantings in accordance with the project's NYSDEC approved cross-section and profile for the life of the permit. To be deemed in compliance with this maintenance requirement, the permittee shall apply upland sand of compatible grain size as needed to maintain the required covering at the project location by May 15 of each year. The project area shall be restored to its original configuration in accordance with the NYSDEC approved cross-section. The quantity of sand applied shall be the amount necessary to restore the cross-section and profile to its original configuration as shown on the NYSDEC approved cross- section. 10. Maintain Reconstructed Dune Substructure If the substructure (e.g., approved revetment as shown on the approved plans) of the reconstructed dune becomes exposed at any time, the permittee shall cover the structure with upland sand of a compatible grain size within 30 days of discovering the exposure. If the permittee fails to comply with these requirements, the structure shall be removed by April 15. The permittee must notify the Region 1 Marine Habitat Protection Manager of the erosion occurrence and submit a Notice of Commencement prior to placing any sand. This Notice must include a description/photo of the exposure and the quantity and source of sand required to restore the approved cross-section. 11. State Not Liable for Damage 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 ms~lt 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 s, uch damage. 12. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Yan Rieger (2 sheets) stamped NYSDEC approved on 9/15/09. 13. State May Order Removal or Alteration of Work If future operations by the State of New Yolk require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it Shall cause unreasonable obstruction t(~ 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 3vithout expense to the State, and if, upon the expirat!on or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. Page 3 of 6 Facility DEC ID 1-4738-03817 14. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solventd, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 15. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303,306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein arc met. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the per/nittee 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 p, roduce a copy of the permit upon request by a Department representative is a violation of this permit. ~ 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order.or determination. Page 4 of 6 95-20-1 (11/03) -9d 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 the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Permit Number Expiration Date Regional Permit Administrator ROGER EVANS NOTE: This notice is NOT' a permit PROJEGT PLAN Felephone pole Number .2 · ~ '~¥ONE'-' DP-IVEHA¥ EL=-/, For Frc~ne ~. · Ho~se ~ I 5~or~ 7 BAY 24701000 2 Peters Necl to p 17'30" ~.API ...... ~ .,.- i'll{ TERMS1 AND CONDITIONS OF '1 ' t ' CROSS¥1EW DIAGRAM 7 2' Wepropose: To install a singlemw of stones at the toe of thc dune. Stones to be 1 to 2 tons in Size, plus underlain by filter fabric. Stones to be installed approximately 6 inches below grade. Stones will be covered with sand and planted with beach grass. Beach grass will be maintained yearly. Stone steps will be built into the stones. STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 ELIOT SPITZER GOVERNOR LORRAINE A. CORTES-VAZQUEZ SECRETARY OF STATE June 26, 2008 Mr. Yah Rieger 370 Harbor Road P. O. Box 491 Orient, New York 11957 Re; F-2008-0204 U.S. Army Corps of Engineers/New York District Permit Application # NAN-2007-01606-EST Yan H. ,Rieger Construct an 80'L seawall above the spring water line Orient Bay, Town of Southold, Suffolk County No Review Necessary Dear Mr. Rieger: The Depa~ment of State received your Fgderal Consistency Assessment Form and suppo~inginformation on March 7, 2008. In a letter dated May 3, 2008, and received June 25, 2008, the U.S. Army Corps of Engineers informed us that the proposed activity does not require a federal permit. 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) 486-7669 (email: rebecca.madlin~dos.state.ny.us) if you have any questions regarding this matter, and refer to our file #F-2008-0204. Sincerely, Rebecca Madlin Coastal Resource Specialist Consistency Review and Analysis cc: COE/New York District - Naomi Handell NYS DEC Region 1 - Claire Wemer Town of Southold - Scott H ilary/Mark Terry WWW.DOS.STATE.NY.US · E-MAIL:INFO~DOS,$TATE.NY.US REPLY TO ATTENTION OF: Regulatory Branch DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVlTS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 I ,AY II 3 SUBJECT: Permit Applicati0n Number NAN-2007-01606-EST by Yan Rieger Yan Rieger 370 Harbor Road PO Box 491 Orient, NY 11957 Dear Mr. Rieger: On December 14, 2007, the New York District, U.S. Army Corps of Engineers received a request for Department of the Army authorization for construction of an 80 foot long seawall above the spring water line in the Orient Bay, in the Town of Southold, Suffolk County, New York. Our review indicates that since the proposed work does not appear to include dredging or construction activities in or over any navigable waters of the United States, the placement of any dredged or fill material in any waters of the United States (including coastal or inland wetlands) or the accomplishment of any work affecting the course, location, condition or capacity of such areas, a Department of the Army permit, in accordance with 33 CFR 320-330, will not be required provided the proposed work is executed in accordance with the referenced material. Care should be taken so that any fill or construction materials, including debris, do not enter the waterway to become a drift or pollution hazard. You are to contact appropriate state and local government officials to ensure that the subject worl~ is performed in compliance with their requirements. If any questions should arise concerning this matter, please contact Mr. Leo Strogach, of my staff, at 917-790-8533. Sincerely, George Nieves Chief, Eastern Permits Section Enclosures cf: NYSDEC - Region 3 Town of Southold STA~ OF NEW YORK DEPARTMERT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 M~ Yah Ri~ger 370H arbor Read P.O. Box~91 Oriea~ New York 1195~ June 26, 2008 U.S. Army Corps of pn~jneers/T./ew York Dimiet Pe~it Application ~ NAN.2007-01 ~6-EST Yah H. Rieger Dear Mr, Kiegcr: March 7, 2008. proposed activity does not require a f~d~ral peru6!. Thcrcfc~, fi~her ~iew of this pro~cct by the Dep~em Reb~ca MadI]n Coastal ;'~so,ame SpeaiaIist Consis~.ency Review and Analysis Regulatory Branch DEPARTMENT OF THE ARMY NL=W YORK Of~T~;'IF, COPJ~ OF ENGINEER~ SUBJECT: Permit Application Number NA2~-2007-01606-EST by Yah Rieger Yah Ricgcr 370 Harbor Road PO Box 491 Orient, NY ! ! 9_5.7.'. Dear Mr. Rieg~: On December 14, 2007, the N'~,v York District, d.S. A_uny Corps of Engineers received a request for Department'ofthe Army authorization for con,trucuon of an 80 .oot long seawall above the spring water line in the Orient Bay, in the Town of Southold, Suffolk County, New York. Our review indi~ since the proposed work does not ~ar to include dredging or ~°~fion activities in or over ~ay nax4gabl~ wa~rs of'the United~'~es, the p!acement of any 'dredged or fill material in any w~ers of the Uni~l States (including coastal er inland wetlands) or the accomplishmem of any work a~bc~ing the c~ourse~ loc~Iion, condition o~ c~paci~' of such areas, a Departraeat of the Army permit~ in accordance with 33 C~VR 320-330, will ~:ot be required pwvided the proposed work i~ ¢x~cut~i in ac.~ordance with the re'f~encexl mat~ri'ak Care should be~ taken so that any fill or cons~ucfior~ materials, inc~,u :d/ag debris, do not enter the waterway to become a drif~ or pollut/on hazard. Yoa axe to contact ~.pp~opriale state and local government officials to ensure that the subject work is perfbn'ned in compl~m~ vd. th their requirements. If any questions should arise coneen6ng this ma'aer, please contact Mr. Leo Strogach, of my staff-, at 917-790-8533. Sincerely, Er~closur~s G~otge Nieves ~ Chdef~ Eastern Permits Section. cf.' NYSDEC - Region 3 ToWn of Southold Id Nt~SS:II 8008 6I '6n~ T~N XW..4 N-->,!DISBC+I,~WOIgMRIIq/~BDBI~: NOS4 STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 ELIOT SPITZER GOVERNOR LORR,,~INE A. CORTC:S-VAZQUEZ SECRJE~A RY OF STATE June 26, 2008 Mr. Yan Rieger 370 Harbor Road P. O. Box 491 Orient, New York 11957 Re: F-2008-0204 U.S. Army Corps of Engineers/New York District Permit Application # NAN-2007-01606-EST Yah H. Rieger Construct an 80'L seawall above the spring water line Orient Bay, Town of Southold, Suffolk County No ReviewNecessary Dear Mr. Rieger: The Department of State received your Federal Consistency Assessment Form and supporting information on March 7, 2008. In a letter dated May 3, 2008, and received June 25, 2008, the U.S. Army Corps of Engineers informed us that the proposed activity does not require a federal permit. 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) 486-7669 (emaih rebecca.madlin~dos.state.nv.us) if you have any questions regarding this matter, and refer to our file #F-2008-0204. Sincerely, Rebecca Madlin Coastal Resource Specialist Consistency Review and Analysis CC: COE/New York District - Naomi Handell NYS DEC Region 1 - Claire Werner Town of Soufllold - Scott Hilary/Mark T~'ry WWW.DOS,STATE,NYUS * E-MAIL:INFO~DOS.STATE.NY.US REPLYTO ATTENT)ON OF: Regulatory Branch DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAV1TS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 SUBJECT: Permit Applicati0n Number NAN-2007-01606-EST by Yan Rieger Yah Rieger 370 Harbor Road PO Box 491 Ode_nt, NY 1 !957 Dear Mr. Rieger: On December 14, 2007, the NeTM York District, U.S. Army Corps of Engineers received a request for Department of the Army authorization for construction of an 80 foot long seawall above the spring water line in the Orient Bay, in the Town of Southold, Suffolk County, New York. Our review indicates that since the proposed work does not appear to include dredging or construction activities in or over any navigable waters of the United States, the placement of any dredged or fill material in any waters of the United States (including coastal or inland wetlands) or the accomplishment of any work affecting the course, location, condition or capacity of such areas, a Department of the Army permit, in accordance with 33 CFR 320-330, will not be required provided the proposed work is executed in accordance with the referenced material. Care should be taken so that any fill or construction materials, including debris, do not enter the waterway to become a drift or pollution hazard. You are to contact appropriate state and local government officials to ensure that the subject work is performed in compliance with their requirements. If any questions should arise concerning this matter, please contact Mr. Leto Strogach, of my staff, at 917-790-8533. Sincerely, George Nieves Chief, Eastem Permits Section Enclosures cfi NYSDEC - Region 3 Town of Southold James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971 0959 Telephone (631) ....~60-1F;92 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: /~ / ~-/D '7 YAN RIEGER rdquests a Wetland Permit to construct a Iow-profile bulkhead using vinyl sheathing, a 12' X 32' platform and 4'X 18' catwalk. Located: 370 Harbor Rd., Orient. SCTM#27-4-6 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound /'Bay Distance of proposed work to edge of above: Z of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: ~Wetland ~Coastal Erosion ~Amendment __Administrative __Emergency Pre-Submission Violation Planning Info needed: Conditions: Present Were: /~.I]dng ~.Doherty ~P.Dickerson ('~D. Bergen"~B. Ghosio, Jr H. Cusack D. Dzenkowski Mark Ten'y~other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., November 7, 2007, the following recommendation was made: Moved by Don Wilder, seconded by Doug Hardy, it was RESOLVED to SUPPORT the Wetland Permit & Coastal Erosion Permit applications of YAN RIEGER to construct a Iow-profile bulkhead using vinyl sheathing, a 12' X 32' platform and 4'X 18' catwalk. Located: 370 Harbor Rd., Orient. SCTM#27-4-6 Inspected by: James Eckert The CAC Supports the application with the Condition of a 10' non-tuff buffer, the catwalk is constructed using Thru-Flow and 4X4 posts, the deck is limited to 2'X 4', and the bulkhead is Iow-profile and kept in line with the neighboring bulkhead. Vote of Council: Ayes: All Motion Carried OCT, lO WATERFRONT SOLUTIONS www.cmiwaterfront.com ShoreGuard Vinyl Sheet Piling Specification Chart Updated January 14, 2007 (866) 867-3762 36,4 102 0.460 10 12 15,000 Z GREY YES 12 YES 30.01.61 2051500.400102 25410 45718 12,6255,000 Z GREY YES 12 YES 24.4 122 0.385 10 30 15,000 Box GREY YES 8 YES 1.3t 167 9.8 254 762 2,625 1.08 t23 89 229 610 2,406 19.5 78 0.370 8 12 15,000 Z GREY YES 20 YES ,,.2 73 0~260 g 24 1,60 Box GREY YES 20 0.8t 82 76 203 305 2~406 0.7714.3 76~7 0.26~72203" ~10=~ ~.~0~.~0~ ~ox ~,~ ,~s ,,., ~ 0.~, ~ ~ ~,~0 ,ox ~,~ ~ =0 ~s 0.31 5.8 18 13 0.215 55 114 4.5 305 12 11,000 1,925 Pan GREY YES 40 NO Box Profile Z P~oflle Pan Profile Physical properties are defined by ASTM testing standards, The Aluminum Association Design Manual, and/or standard engineering practice. The values shown are nominal and may vaN. The information found in this document is believed to be true and accurate. No war~anties of any kind are made as to the suitability of any CMl product for be~cular applications or the results obtained there from. ShoreGuard, C-Loc, TimberGuard, GeoGuard, Dura Dock, Shore-AH, end Gator Gates are regiatemd t~ademarks of Crane Materials IntemefionaL ArmcrW~re, Ultra Composite, GatorDoc~s, and CMl Waten'ront Solutions are trademarks of Crane Materials IntemefionaL United States and International Patent numbers 5,145,287; 5,881,508; 6,000,883; 6,033,155; 6,053,666; D420,154; 4,674,921; 4,690,588; 5,292,2[38; 6,575,667; 7,059,807; 7,056,066; 7,025,539; 1,245,061; Other patents pending. © 2007 Crane Matehats International. All Rights Reserved, H 37 37 0 34' 79 L -k ¢ o 69 37 33 ,3O 27 Nulford Pt /26 2O Csm 4~60000m. N. 340 000 BAY /o Pt 17'30" Pt LONG Browns 3 Eagles NE 3 BEA CH BAY $ $ 730Oeem. E. I 9 41 °07'30" 72°15, r Liturgical Art & Design yan& francoise rieger 370 harbor rd. box 491 orient, n.y. 11957-0491 tel/fax (631) 323-2579 www. liturgicart, corn fyr2@optonline.net 11/22/09 Board of Town Trustees .lames King, President .]ill Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio Jr. Lauren Standish - Secretarial Assistant Elizabeth Cantrell, Clerk Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 Re: Demand for a wetland permit. Dear Mister King, I would like to thank you and all Town Trustees for the approval of our Application. Enclosed please find the amended scale drawings Indicating as per your suggestion at the Trustees hearing at Town Hall Nov 18, 2-ton rocks aligned at the toe of the dune backfilled with gravel, beach sand and plantings of beach gross. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Re: Jim King, President Town of Southold Board of Trustees Mark Terry, LWRP Coordinator Principal Planner November 18, 2009 Wetland Permit for YAN RIEGER SCTM# 1000-27-4-6 YAN RIEGER requests a Wetland Permit and Coastal Erosion Permit to install 77' of a single row of stone (one to two tons in size) at toe of dune, underlain with filter fabric and core stone and place sand over stone and plantings, and install stone steps. Located: 370 Harbor Rd., Orient. SCTM#1000-27-4-6 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the following Policy Standards and therefore is INCONSISTENT with the LWRP. Note that the action proposed to the Board is inconsistent with the stated narrative on the plans approved by the New York Department of Environmental Protection dated 9/15/09. A single row of stones at the toe of the dune is proposed, however, the plan shows three rows of stones. Figure 1. Subject parcel. To further sub-policy 4.1;it is recommended that the applicant incorporate "practical vegetation methods" in the design of the structure. Policy Standards 4,1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: D. Use hard structural erosion protection measures for control of erosion only where: 4. Construction of a hard structure is the only practical desiqn 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 enqineerinq practices 6. Practical veqetative methods have been included in the project design and implementation. The slope is currently vegetated. The proposed action would cause the net loss of established, coastal vegetation. It is recommended that the Board avoid the vegetated areas to the greatest extent practicable. 7. Adequate mitiqation is provided and maintained to ensure that there is no adverse impact to adiacent 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. Additionally, the applicant has not demonstrated that the proposed action would not adversely affect (accelerate the rate of erosion) on the private property to the east by deflection of tidal/storm energy. It is recommended that the Board consider this potential affect during project review. To further Policy 6. "Protect and restore the quality and function of the Town of Southold ecosystem" it is recommended that a perpetual buffer be established on the property taking into account the existing vegetation seaward of the lawn area. A sample definition of a natural vegetated buffer follows: NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property and replanting of vegetation. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only --Amendmentfrrans fer/Extensign ~eceived Application: Received Fee:$ ~leted Application I lD~ ~ Inco~lcte SEQ~ Classification: T~e I T~e II Unlisted Coord~tion:(date sent) ~ Co~istency Ass;ssmen[ Fo~ ~0] ~q ~ate of I~pection: ~ ! [ Receipt of CAC Repo~: Lead Agency Dete~nation:__ Tec~ical Review: ~blic He~g Held: Resolution: Name of Applicant t~> [ ~-'q~ ~'~ Suffolk County T~ Map Number: 1000- ~7 erope~yLocation: ~7~ [~~ ~C~ ~rovide LILCO Pole ~, dist~ce to cross streets, ~d location) (If applicable) Address: Phone: of Trustees Applicat' Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: GENERAL DATA Covenants and Restrictions: If "Yes", please provide copy. Yes Prior permits/approvals for site improvements: Ag.ency _ . Date 7-zT- qg7 __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspend/ed by a governmental agency? I/No Yes If yes, provide explanation: Dard of Trustees Applicat' WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose ofthe proposed operations: '-~'0 p~4,'%~' ,~4~{~.~'~ ~/l~ Area of wetlands on lot: /d//4 square feet Percent coverage o f lot: t~_,~ % Closest distance between.,..nearest existing structure and upland edge of wetlands: ,A///'P feet Closest distance between nearest proposed structure and upland edge of wetlands: /~ t//~ feet Does the project involve excavation or filling? No / Yes If yes, how much material will be excavated? ~ 0 cubic yards How much material will be filled? Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: ./~)/~) cubic yards 0. $ "feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): )ard of Trustees Applicat~ COASTAL EROSION APPLICATION DATA Purposes of proposed activity: TO I ' Are wetlands present within 100 feet of the proposed activity? it/ No Yes Does the project involve excavation or filling? No ~/ Yes If Yes, how much material will be excavated? ~ ~O _(cubic yards) How much material will be filled? ~ ]~)t5} (cubic yards) Manner in which material will be removed or deposited:~~' Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME SEQR 3.PROJECT LOCATION: 4. PRECISE~..~ ~)LOCATiON:]t'~Street'~l~Addess and.~.~) ~R°ad Intersections,j~ ~l~Pr°minent [andmarks~t~tetc~)~-or, ~pr°vide~ .~maD('/l~t ~'~' ~ 5. IS PROPOSED ACTION: {~' New [] Expansion [] Moditication / alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially I/~.. acres Ultimately j r acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~['Yes [] No ~f no, describe briefly: ResT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) idential [~lndustfial []Commercial [~Agriculture []Park/Forest/OpenSpace []Other (describe} 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, eY (Federal, State or Local) s []No If yes, list agency name and permit / approval: NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes [~No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/ S~on/or~_Name~y~J~J ~"~. 1~'~'~.- Date: Signature ~,~,~ MM t~"'"J If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) DOES ACTION EED ANY TYPE I THRESHOLD iN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. [] Yes B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS tN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. r--iVes [ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, sur[ace or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste producgon or disposal, potential for erosion, drainage or flooding problems? Explain bdefiy: C2. Aesthetic, agricultural, archaeolog[cel, historic, or other natural or cultural msoumes; or community or neighborhood charactsr? ~xplain bristly: C3. Vegetation or fauna, fish, shellfish or wildlits species, significant habit~ts, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopt*d, or a change in use or intensity of u.~ of land or other natural msoumos? ~plaln bdofly: C6~ Growth, subsequent development, or minted acti¥itie$ likely to be induced by tho proposed action? Exptsin briefly: C6. Long tsrm, short term, cumulative, or other sffeete not identified in Ct-C57 Explain briefiy: C7. Other impaots (including changes in uee of either quantit,/or t~pe of energy? D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ~'~IIy~eOsNME~N°AiEAICEA/? IIfyes'explainbfiefi}':,,, ,,, E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If,{es explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectldenti~edab~ve~determinewhetheritlssubstantia~~~arge~imp~rtant~r~therwisesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (0 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 question d of part ii was checked yes, the determination of significance must evaluate th e potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or mom potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive dectarafion. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actio~ WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Ti6e of Responsible Officer Pdnt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: YOU ARE HEREBY GWEN NOTICE: 1. That it i~s the intention of th%Imde, rsigned to request a Permit from the. Board of Trustees // 2. That the property which is the subject of Environmental Review is located adjacent to your prqpertyandisdescribel:las, follows.: -t- ~lS//~Od/~ ~0]t~tt 3. That the project which is subject to Environmental Review ,under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: A/I~. laO . You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. muJ mOar Dm SS:,qJg 62 4J_x t/f t/al.g7t PHONE #: Enc: Copy of sketch or plan showing proposal for your convenience. NOTICE TO ADJACENT PROPERTY. OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: YOU ARE HEREBY GIVEN NOTICE: SCTM# 1. That itis the intention of the madersigned to request a Permit from the. Board of Trustees # 2. That the property which is the subject of Environmental Review is located adjacent to , your prqperty and is describel:l as. follows: 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: tgttlq,), I~ . You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. MAILING ADDRESS: ~.~ /4,~tgd./'.~/4,4P/ At,~ PHONE~#: Enc: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name; Address: STATE OF NEW YORK COUNTY OF SUFFOLK ,residing at ~'~O /']~ ~ , being duly sworn, deposes and says that on the day of ,20 , deponent mailed a true copy of the Notice set forth, in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at , that said Notices were mailed to each of said persons by (certified) (registered) mail. Swom to before me this Dayof Oc~Ao/~. ,20oq John M. Jud~.!e N©T.~Fi,( [-'~ ;LIC, State of New York No. O1JU~O; Commission Expires May 29, 20 James F. King, President Jill M. Dohcrty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of YAN RIEGER COUNTY OF SUFFOLK) STATE OF NEW YORK) e~. AFFIDAVIT OF POSTING ,,Y~ i~, residing at /dba ,~~~'~I being duly sworn, depose and say: That on the/0 day of ~ , 200~ I personally posted the property known as ~j~ ~ ,)/)i~ by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed.~ Novemb~ 18~ 2009 on or about 6:00 PM. Dated:~ ~~~// Sworn to before me this day of~tOZ 200':1 N~'tary Public ~oard of Trustees Applica~n County of Suffolk State of New York DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF H/S/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND TI-IE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. &si u j¢ SWORN TO BEFORE ME THIS ~2-'~,t''l DAYOF Oc.4-o6~,. ,20Oq Ntx~ry Public- '/~'~~ John M. Judoe NOTARY pU~LIC, State of New'torE No. 01JU6059?rO~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics nrohibits conflicts of interest on the oart of town officem and emvlovees. The oumose of this form is to i)rovide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is YOUR NAME: ~ ~t~l~ ~'~ (Last name, Fust nan~,~niddle initial, unless you am applyin4~ in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply,) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooting Exemption from plat or official map Planning Other (If "Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest'~ means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by thc Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or Child is (check all that apply): ___A) th~ owner of greater than 5% of the shams of the corporate stock of the applic0nt (when the applicant is a corporation); __.B) the legal or beneficial ownqr of any interest in a non-corporate entity (when the applicant is not a corporation); ___C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted ih~ay, of.. Signature ~(J~ Print Namel4. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi'ont 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- suooortin~ 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 following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION scm# IoVO . P.O CTN P--eCtg The Applimfion has been submi~ed to (check appropriate respome): TownBoar. ~ Plann~gBoard~ Bn"d~gDept. ~ BoardofTmstees ~ 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. grant, loan, subsidy) (c) Permit, approval, license, certification: Site acreage: Present land use: Location of action: ~::~ ¢ ~ ~4~ Present zoning classification: ~ ~5) If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~/No[--] Ifyes, 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 III - Policies; Page 2 for evaluation criteria. ~Yes [--] 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 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 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 - / '-' I[ / * ~ - Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the 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 A~l~cable 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. [] Yes [] No [--~/Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous S~yesCeS and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] No [] Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~/"Yes~ No ~Not Applicable Attach additional sheets if necessary WORKING COAST POLIC~ 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 .~ /.., , d_- -- D [ ~ /~ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonie Estua~ and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Atlach 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 - Policies; Pages 65 through 68 for evaluation criteria. ~Yes [] No [] Not Applicable Helping Long Island Adapt to Sea Level Rise In t938, a hurricane Soo-miles wide with 183 mile-per-hour winds slammed into long Island with an impact that registered on seismographs in Alaska. Named for its sheer force and speed, the "Long Island Express' left more than 600 dead, cost the modern equivalent of about $5 billion in damage, and altered the geographic shape of Long Island: ~.2 new inlets were created (including Shinnecock Inlet) and Montauk was temporarily an island. Wetlands help protect coastal communities against rising waters, in addition to cleaning and filtering the water in our harbods and bays; and, wetlands are home to hundreds of important fish, shellfish, birds and other wildlife. 'l~e loss of wetland habitat on Long Island could have devastating effects. While the Long Island Express remains the worst hurricane to ever hit here, scientists warn that global warming Will bring more intense storms and sea level rise to coastal communities. Today, Long Island's coastlines are even more vulnerable than they were 70 years ago. As much as 80 percent of the wetlands that once oc,curred in New England have been lost to development. Wetlands serve as natural buffers to storms and sea level rise. In response, The Nature Conservancy is putting tools in place to make our coast more resilient to global warming. We are measuring how wetlands respond to rising sea levels and providing decision-makers with the scientific data they need to protect our coasts. "There is a growing awareness of global warming and flooding due to sea level rise and storms, but our collective response to this threat has been slow - in part due to the fact that decision-makers can't picture the impacts on the landscapes they manage, or identify solutions for protecting people and nature simultaneously," said Sarah Newkirk, the Conservancy's coastal team director. "Decision-makers and planners need a clear and compelling case for their constituents and that's exactly what we are working to provide." The Nature Conservancy recently launched www.coastalr~s, il[ence.org, a tool for planners and decision-makers that explores future flooding scenarios caused by storm surge and sea level rise for the south shore. The scenarios are all developed from widely accepted climate and hazard models. Using this information, government agencies and officials can determine what lands should be preserved, how to best manage coastal land, and determine which wetlands should be restored in order to best protect our coastal communities. Sea level rise and coastal hazards are putting human and natural communities along the coasts at greater risk than ever Socioeconomic Resources Long Island's shores have some of the most highly developed lands in the coastal zone. Much of this private property is only inches above sea level, which puts millions of dollars in public and private lands at great risk. Even moderate sea level rise will result in a significant increase in the likelihood of flooding. More significant rise - or the occurrence of a catastrophic storm - would be devastatingly expensive. For more information, please click below to find out how sea level rise might affect these resources. · Human Populations · Infrastructure · Response · Vulnerability Infrastructure Infrastructure at risk from sea level rise on Long Island includes commercial and residential buildings. Distribution of these types of infrastructure can be mapped in the mapping too Coastal Resilience: Planning for Sea Level Rise and Coastal Hazards StonyBrookUniversi~ Decision-makers need information to support choices for managing natural resources and human communities in the face of coastal changes that are already underway. The purpose of the Coastal Resilience project is to provide communities with easy access to information to assist in coastal planning and management decisions regarding resources at risk from sea level rise and coastal hazards. This information is accessible through an interactive decision support tool. With the Future Scenarios Mapper, users can characterize current conditions and visualize the ecological, social and economic impacts of reasonable future flooding scenarios. Proactive solutions and adaptations can reduce impacts to human and natural communities. Appropriate planning for adaptation requires data-driven decision support, and the Coastal Resilience project provides a suite of interactive analysis options to support decision-makers. Long Island program Information > The Issue Coastlines have always been dynamic ecosystems where tides, winds, and sediment movement combine to change the landscape. The forces will only get more intense because of the increasing pace of sea level rise and development of these shorelines. Human and natural communities near the shore are at greater risk than ever and the losses and costs of coastal hazards are growing as investments in coastal development increase. Coastal communities are at further risk as their natural buffers such as coastal wetlands and dunes are lost. Abating these losses and protecting communities can be achieved by proactively managing coastal natural resources. Sea level rise is not a bridge to be crossed when "we get there." It is real, its effects are already evident, and it will affect our coasts for the foreseeable future. Despite the risks, communities and local decision-makers still have little access to information needed to protect our natural and human coastal communities from the dramatic changes that are coming, and are indeed already underway. The unique tools presented here explore flooding scenarios resulting from sea level rise and storm surge for the south shore of Long Island, New York. The information is presented without hype or hyperbole in a user-friendly framework that can be used to inform decision making. Chief among these tools is an interactive mapper that helps users visualize flooding using a range of sea level rise and storm scenarios. Long Island, New York is the ideal case study for examining future flooding scenarios and approaches for responding to these changes now. Home to 7.5 million people, low- lying Long Island is heavily developed along much of its shoreline, and is at risk of inundation from sea level rise and coastal flooding. There are also significant barrier islands, dunes, and wetlands that provide critical habitat for natural communities and buffers for human communities. Liturgical Art & Design Bo~d of Tru,qee~ ~j yah & francoise rieger 370 harbor rd. box 491 orient, n.y. ] ] 957-0491 tel/fax (631) 323-2579 www. liturgicart, corn fyr2@optonline.net 08/30/08 Board of Town Trustees James King, President Jill Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio Jr. Lauren Standish - Secretarial Assistant Elizabeth Cantrell, Clerk Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 Re: Demand of wetland permit. Dear Mister King, I would like to advise you that our permit from the DEC would be forthcoming within the next couple of weeks. Ms Claire K Wemer (DEC staff) telephoned me apologizing for the delay in processing our applications because of an overload in their department. I shall forward it as soon as I receive them. Enclosed please find letter of approval from the Department of the Army and Department of State. Sincerelyj~urs OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Re: Jim King, President Town of Southold Board of Trustees Mark Terry, LWRP Coordinator Principal Planner November 13, 2007 Wetland Permit for Yan Rieger SCTM# 27-4-6 Soothold Town Bo3ct o; Trustees YAN RIEGER requests a Wetland Permit to construct a low-profile bulkhead using vinyl sheathing, a 12' X 32' platform and 4'X 18' catwalk. Located: 370 Harbor Rd., Orient. SCTM#27-4-6 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed low-profile bulkhead is a prohibited action pursuant to § 275-11. Construction and operation standards section B. 1. (d) which states. (/0 New bulkheads in creeks and bays are prohibited, unless the operation involves construction ora low-sill bulkhead. Chapter 275 defines a iow sill bulkhead as LOW-SILL BULKHEAD -- A subtidal structure designed to stabilize the toe of a slope or shore and often associated with boat basins or other navigable waterways. In addition~ the proposed 12' x 32'deck is proposed to be located on the beach and associated with the catwalk is prohibited pursuant to Chapter 275-11, A. (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feet. [Amended 10-11- 2005 by L.L. No. 17-2005] (8) No structures on beaches, bluffs or dunes unless approved by the Board at its discretion based on its site inspection. [Added 10-11-2005 by L.L. No. 17-2005] No structures are allowed on the beach, pursuant to Costal Erosion Hazard Areas Chapter 111-12 (d) which states: D. All development is prohibited on beaches unless specifically provided for by this chapter. 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. 2. Use vegetative measures to increase protective capabilities of natural protective features. Enhance existing natural protective features and processes, and use non- structural 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. Design criteria for enhancing the protective capabilities of beaches should not exceed the level necessary to achieve protection from a 30-year storm, except where there is an overriding public benefit. 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 site was inspected on November 13, 2007. Erosion of the bank where the bulkhead is proposed is low with slight scouring of the toe of the bank at the lower elevations. The bank is currently vegetated with American beach grass, Montauk daisy~ and prickly pear cactus and is stable. However, due to the fetch of the waterway and exposure the Board may consider a low rock revetment application to stabilize the toe of the slope. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc 0 ~0 '¸5 e C 0 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Office Use Only ~Coastal Erosion Permit Application __JWetland Permit Application ~ve Permit Amendment/Trans fer/ExtensionJ '~I[eceived Application:~ //$ ~ . )~ tt~ , -- Incomplete __SEQRA Classification: Type I Type II Unlisted __ Coordination:(date sent) ~--L<WRP Consistency Assessment Forrd .--GAC Referral Sent: [ ~'~ [ ~ate of Inspection: /ll~ Io'l __Receipt of CAC Report: t - ' __Lead Agency Determination:__ Technical Review: ~.~ ublic Hearing Held: II/Iq Resolution: Name of Applicant ~ I~'~E ['~ '"(A~',J ~ Address ~-~0 ]-[/M'<i*oO[~. ['~A ~0~ ~l ~'-~ [lq~% Phone Number:~ ~Z3' Suffolk County Z~ Map Number: 1000- ~ --~ erope~yLocation: ~ ~~ ~ (provide LILCO Pole ~, dist~ce to cross streets, and location) AGENT: ~ (If applicable) Address: Phone: ~loard of Trustees Applica~ GENERAL DATA Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: lAC Covenants and Restrictions: Yes ./~No If "Yes", please provide copy. Prior permits/approvals for site improvements: ...Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? .,~ No Yes If yes, provide explanation: Project Description (use attachments if necessary): "T~9 ~91,-I~t-[~0~...'1'-: oardof Trustees Applicat COASTAL EROSION APPLICATION DATA Purposes of proposed activity: '~O ~'['-I~'(...'~ Are wetlands present within 100 feet of the proposed activity? /~ No Yes Does the project involve excavation or filling? No ~ Yes If Yes, how much material will be excavated? --'~---' (cubic yards) How much material will be filled? [ (~ 0 (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) oard of Trustees Applica~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: ~'~O '~¢~. ~q" ~--~l~ [%-J ~ Area of wetlands on lot: - _tO-- square feet Percent coverage of lot: , Ig -- % Closest distance between ne3rest existing structure and upland edge of wetlands: /L{//~ feet Closest distance between nearest proposed structure and upland edge of wetlands: .A/t/.~ feet Does the project involve excavation or filling? No ?</ Yes If yes, how much material will be excavated? How much material will be filled? cubic yards cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: ~ L ~ '~feet Add JU 'L Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): PROJECT ID NUMBER ~ART i - PROJECT INFORMATION 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) SEQR 2. PROJECT NAME 1. APPLICANT / SPONSOR 3.PROJECT LOCATION: Municipality SOuT OLP 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide map 5.1S PROPOSED ACTION: ~ New ~Expansion ~Modificationlalteration DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially ~), ~ ~.acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? []Yes [] No If no, describe briefly: 9, WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~Residential [~llndustrial r~commercial [~-lAgriculture [~]Park/Forest/OpenSpace E~]Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, 3tats or Local) ~:~,~t.& ,1 ,~'~'~#~ ~ F-~Yes [ ]No If yes, list agency name and permit / approval: P-~-~-. ~j~I/Q~ ~'[ ~ 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes r~lNo If yes, list agency name and permit / approvak 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMA.T.~H% PROVIDED Signature ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Datel0-rf-o If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS USE postmark Here $3.23 10/22/2007 [4~44 &tgJg4" , residing at ~'~O/4~/~/ ~.v~c~../LY~. Il ~ ~ ~ , being duly sworn, deposes ~d says that on the /~ay of ~ o~ deponent mailed a tree copy of the Notice set fo~h in the Bo~d of Trustees Application, directed to each of the above nmed persons at the ad~esses set opposite ~ere respective names; that ~e addresses set opposite the nines of said persons me the ad&ess of said persons ~ sho~ on the c~ent ~sessment roll of~e To~ of Southold; ~at said Notices were m~led at the United States Post Office at O~flY I/q~ , . that s~d Notices were~iled to each of said persons by (ce~ified) (registered) mail. ~~(~~ Swomtobv~re~ere e this ~ ~ Day of (~ ,20 ~ ~ ~. 01C05011852 - NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: YOU ARE HEREBY GIVEN NOTICE: 1. SCTM# That it is the intention of the undersigned to roquest a Permit from the Board of Trustees That the property which is the subject of Envirgnmen. tal Review is located.adj acent to your property .and is described as follqws:: /~tg~lL~. ~0},a 10~q.~aA'I'J~_ OrA That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: . You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. Enc: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS STATE OF NEW YORK COUNTY OF SUFFOLK , residing at ~ ~-~4h//~ , being duly sworn, deposes and says that on the ,20 , deponent mailed a true copy of the Notice day of set forth, in the Board of Trustees Application, directed to each of the above named pers6ns at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessmem roll of the Town of Southold; that said Notices were mailed at the United States Post Office at , that said Notices were mailed to each of said persons by -(certified) (registered) mail. Sworn to before me this Day of ,20__ Notary Public Board of Trustees pp ication County of Suffolk State of New York ,~ ~-,,:.c: ~ ~. t=~t~ ~.' BErNG r~u~Y SWORN DEPOSES AND ~F~S THAT ~/S~ IS T~ ~PLIC~T FOR T~ ~O~ DESC~BED PE~IT(S) ~ T~T ~L STATE~NTS CONT~D TR~ TO T~ BEST OF ~S~R ~O~EDGE ~ BEL~F, ~ T~T ~L WO~ WILL BE DO~ ~ T~ M~R SET FORTH ~ T~S ~PLICATION ~ AS MAY BE ~PRO~D BY T~ SOUTHOLD TO~ BO~ OF TRUSTEES. T~ ~PLICANT AG~ES TO HOLD T~ TO~ OF SOUTHOLD ~ T~ TO~ TRUSTEES H~ESS ~ F~E FROM ~Y ~ ~L D~AGES ~ CL~S ~S~G ~ER OR BY VIRT~ OF S~ PE~IT(S), ~ G~D. ~ CO~LET~G ~IS ~PLICATION, I ~BY AUTHO~E T~ ~US~ES, T~ AGENT(S) OR ~P~SENTATI~S(S), TO EN~R ONTO MY PROPERTY TO ~SPECT T~ P~MISES ~ CON~CTION ~TH ~W OF ~IS ~PLICATION. ~ Signature SWORN TO BEFORE ME THIS ~c9-t~ DAY OF ~9¢ C~*-4 ,200? blic APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics nmhibits conflicts of interest on the hart of town officers and emnlovees. The numose of ~this form is to t~rovide inforinat on which can alert the town &possible conflicts ofintem~t and allow it to take whatever action is necessary to avoid same. (Last name, flint name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. I f so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee ~ Change of Zone Coastal Erosion ~ Approval of plat Mooring Exemption from plat or official map Planning Other (lf"Other', name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee uthold9 "Relafionshi "includes b blood, marriage or business interest. "Business interest" means a business, of the Town of So . P Y including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO /~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant./agentJmpmsentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __fi,) the owner ofgmater than 5% of the shams of the corporate stock of the applic0nt (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __.C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this. ~ of t~.~ 200 Signature {/ff2-~/~fl ~ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold 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. Thns~ each answer must be explained in detail~ listing both supporting and non- sunnortim, 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 following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local 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 Board [] Building Dept. ~ BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital constmction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature a~extent of action: tI t Site acreage:. Present land use: Present zoning classification: ~ ~ If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: ~?0 (c) Telephone number: Area Code (~,~/ '~5 -' ~'~ ~ '~ (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? ~ ~t;~'~. ~/~J/~/~ .t/,~f~/'9 g)/~'P~- C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. RYes [] 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 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 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 Ap~plicable fat ? o 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. ~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Polity 8. Minimize environmental degradation in 'Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Polieies; Pages 34 through 38 for evaluation criteria. PUBLIC COAST POLICIES Polity 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 ~7~ Not Applicable At~ach additional sheets if necessary , WORKING COAST POLICI~ 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. [] .~ No ~ Not Applicable _ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~ 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 - Policies; Pages 65 through 68 for evaluation criteria. ~/r~s [] No ~ Not Applicable __ PREPARED BY ~ ~ [~"~ TITLE DATE 5URVE'r' OF PROPER'Pr' 51TUA'I'~, ORIENT TOl~qq, ~.)F:F:OLK C, OUNTY', ~ 51.)RVE'r~O IO-21-2OO-/ SUFFOLK ¢_X::~TY TAX # IO{90- 2'1- 4- 6 STONE DRIVEI,~Ay EL = I Story Fr'om~ 48 6'XI2' r BRIGK I Story Frome ®oroge ~57°16¢W~ 100.00' ([ie Nn~oloncj AHP~i,,i.~ N56° /4'27"W 78074' Ori~n~ FLOOD ZONE~ LIN~S ANNOTA'I-~_I~ PROH FEHA FLOOI~ INS~t~AN~E RATE HAP # ~o1036006b ro ~RAPHIC, c-r"-_,,AL.E I"= 20' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STRIe, P,;L N.Y.S. LIC. NO. 50202 R1VERHEAD, N.Y. 11901 369-8288 Fnx 369-8287 REF.\~Comp~sea'ver~prosVlTV)7-205.pro