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Home My WebLink About1000-118.-1-11OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave: Southol6, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: Jim King, President Town of S0uthold Board of Trustees From: Mark Terry LWRP Coordinator Principal Planner Date: November 18, 2009 Re: Wetland Permit for WUNNEWETA POND ASSOC. SCTM#1000-118-1- 11 Costello Marine Contracting Corp. on behalf of WUNNEWETA POND ASSOC. requests a Wetland Permit to dredge a 20'X 280' area of the inland section of the existing channel to a d~pth of -4' below mean Iow water. Place the spoil (approx. 188 cy.) as beach nourishment in a 16'X 180' area previously approved disposal site located landward of the spring high water mark. Located: Navigation Channel, Wunneweta Pond. SCTM#1000-118-1-11 Note that the plans conflict. The dred.qe spoil disposal site is referenced on the location map (2 of 10) ~' northwest of the inlet. The dred.qe spo site shown on sheet (10 of 10) is located northeast of the inlet. Thn location of the 0isposal site requires clarification. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with the following LWRP policy standards and therefore is INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwatbr wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed action does not comply with the cited section of the Southold Town Code below: § 275-11 Construction and operation standards 3) Dredging. Creeks. [1] Only maintenance dredging (as defined in § 275-2) is permitted, unless the applicant owns underwater land or the applicant is requesting permission to dredge in connection with installation of Iow-sill bulkheads. All maintenance dredging permits shall be valid for a period no greater than 10 years. [Amended 12-18-2007 by L.L. No. 23-2007] Dredging may be permitted when it can be demonstrated that the actions of man have resulted in impairment to water quality or habitat value. Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata, Spartina altemifiora or Spartina patens) or seagrass (Ruppia maritia or Zostere marina) meadows is prohibited. All dredging applications must demonstrate a specific location for the deposit of dredging mate~fal. [,~dded 12-18-2007 by L.L. No. 23-2007] § 275-2. Definitions; word usage MAINTENANCE DREDGING - A dredging project will be considered maintenance dredging if there is documentary evidence that it has been previously dredged. Wunneweta Pond is owned by the Town of Southold. A search of past permitted actions indicates that the area proposed to be dredged has not been previously dredged (accordinq to Town records). In the event that the applicant proves that the proposed action complies with the above regulations the following best management practices are recommended: To further policy 5.3; Protect andenhance quality of coastal waters the deployment of a silt boom pursuar~t to .§ 275-11. Construction and operation standards is recommended. The proposed disposal site is located within a NYS Audubon Important Bird Area and the TOS/Nature Conservancy important shorebird nestinq (fiqure 1. below). To further Policy 6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities the following restriction is recommended: 1. That all activity Associated with-the proposed action Idredging) should be avoided during the nesting and fledgling periods (Mamh 15 through August 15) of shorebirds nesting within the immediate shoreline to the east and west of Wunneweta Pond inlet. Further, it is recommended that the contractor be required to meet with representatives of the or,qanizations to discuss the optimum placement and slope of the dred.qe spoil to minimize impacts to shorebird habitatJpopulations. Figure 1, Audubon Important Bird Area outlined in yellow and TOS/Nature Conservancy shorebird nesting area outlined in red, Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Huise, Assistant Town Attorney 'Town of Southold A. INSTRUCTIONS LWRPCONSiSTENCYASSESS1ViENTFORM~"~"'~N.'~fl~;~x/ Ail applicants for permits* including Town of Southold agencies, shall complete this C£'AF ~b~ proposed actions that are subject to the Town of Southold Waterfi'ont Consistency Review k:tx~ l'his assessment is intended to supplement other information used by a Town of Sottthold agci/c5 in making a determination of consistency. *Except minor exempt actions inchtding 13zo'/dmg Po'm:tx 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 thc 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) .3. If any question in Section C on this form is answered "yes", then the proposed action may a£tkct thc achievement of the LWRP policy standards and conditions contained in the consistency reviexx l[m Thus, the action should be analyzed in more detail and, if necessary, modified phor to m:tking a determination that it is consistent to the maximum extent practicable with the L\VRP poll% standards and conditions. If an action cannot be certified as consistent with the k\VR? polio?. standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town oCSoutlnold's xx dvsnc (southoldtown.northfork.net), the Board of Trustees Office, the planmng Department, ~ll local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /l~ - O/ The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. r-] Building Dept. [-'q Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e,g; capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grantl loan, subsidy) (c) Permit, approval, license, certification: Nature and extent 131te acreage:, 9(.1 9-~- If an apphcation for the proposed ae'~'0i~ ihas 'be~ filed ~ith the Town of Southold agency, the following information shall be provided:. ,,. ?, (d) Application number, if ar)y:: Will the action be directl ' · ' y undertaken, reqmre funding, or approval by a state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development In the Town of Southold that enhances community character, preserves open space, makes efficient use of Infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page'2 for evaluation criteria. Attach additional sheeta 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 A~ch additiohal 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 A lic~~-' ~ pp .u~ At~ach additional sheets if necessary NATURAL COAST POLICIES Poli.cy 4. Minimize loss of life, struetures~ and natural resources from floodin Sec~tioa III- Policies Pages,8,~through~16~f~',e~,~luat!0n,~c~:l,te~la:;?,,' .,:. .... ,:, :; g and erosion. See LWRP 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 evalqatlon~criteria :... ,.~. r '.. ~ 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 - Pohc~es; Pages 22 through 32 for evaluation criteria. ' ' At.ch additional sheeta if necessary Policy 7. Protect and Improve air quali~y in the Town O~ So'uthold, See LWRP Section III - ?olicies Pages 32 through 34 for evaluation criteria. At~ach additional sheets if necessary n~ ~m~l~de,g.~,~t_a_tlon !~a Tgwa~ of.Southold from solid waste and hazardous es e = ~ ~ecuon III - Policies; Pages 34 through 38 for evaluation criteria. 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 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. Yes ~ No ~ Not Applicable Attach additional sheets ii'necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, ~he Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~Yes~-~ No ~--~ Not Applicable ~ Auach 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~NotApplicable~ 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 ~ NoX~ Not Applicable ~ Created on 5/25/05 11:20 AM ' Date: October 2~, 2009 To: Southold Town Trustees and Mark Terry Regarding: Wunneweta Pond Association Proposal: Dredge an area 20'x280' of the inland section of the existing navigational channel to -4.0' below Mean Low Water removing approximately 108 cubic yards of spoil. Place dredged spoil material as beach nourishment in a 16'x180' area of previously approved disposal site along the shoreline of Little Peconic Bay landward of apparent Spring High Water Line. DEVELOPED COAST POL/CZES Policy I Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes benet'~ial use of a coastal IocaUon, and minimizes adverse eff~'~ of development. Our proposal is consistent with this policy in that this channel is used by the members of the homeowners' association to engage in water dependent acldvities. The shoaled area is preventing boaters from entering this section of the pond at Iow tide. ]In order to maintain a safe navigational channel and maintain the water flow in this section of pond, it is necessary to remove this material. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will not have any negative impacts on the visual quality or scenic resources. There are no structural components to our proposal, This proposal is consistent with the area, Areas in Wunneweta Pond have been dredge recently and there was no impairment to the existing vegetation. NATURAL COAST POI TC~ES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. This project has will have no flooding or erosion concerns. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem, Our proposed dredge will maintain the water depth of the existing navigational channel. The dredge spoil will be placed landward of the spring high water mark as beach nourishment. This will protect the vegetation located at the spoil site. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Policy 8 Minimize environmental degradaUon in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not influence the environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. The dredge spoil is clean transported sand. A large area of the Pond has been dredged in recent years but this area is experiencing shoaling limiting the access of the property owners. · PUBLTC COAST POLTC~ES Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owners the ability to safely access and navigate Wunneweta Pond. There will be no change in the ability of the public to access public resources of the Town of Southold. WORKING COAST POLTCTES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is an existing channel leading to Spring Pond where there are a number of waterfront properties. Maintaining the channel will allow these homeowners to engage in water dependent activities and the ability to reach larger bodies of water. Policy 11 Promote sustainable use of living marine resources in the Town of Southold, The channel is an active waterway and not the most desirable habitat for living madne resources. The area to be dredged is relatively small in comparison to the entire waterway. This amount of dredging will have a minimal effect on the madne resources. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources. V'I ¢ I ,'~.11-/-7" m4e. e'r ~ ./~ 10 o B, Irr. $"'7,,t,t 1~00- //~-o/-// ~.'~, .qt-.~ ~'.m 7-7 ~,-~ /O-tO .4-,5 ':'7.0 /I.0 l/,l