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HomeMy WebLinkAboutTR-7316 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino 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 # 0787C Date: August 13, 2012 THIS CERTIFIES that the to retain 40 c¥ of stone shorefront protection landward of the tidal wetlands; add 5 c¥ of new stone over 30 sf to the base of an existing stone slope; and place 35 c¥ of new stone over 670 sfon an unprotected slope; and the planting of Bayberry and Beach Plum schrubs as well as Maritime seed mix, Panic grass, Switch grass, Seaside Goldenrod, Sea Lavendar and Little Bluestem mix among the armor stone. At Off Private Road, Fishers Island, New York Suffolk County Tax Map # 3-2-1 Conforms to the application for a Trustees Permit heretofore filed in this office Dated April 27, 2010 pursuant to which Trustees Wetland Permit #7316 and Coastal Erosion Permit # 7316C Dated May 19, 2010 and amended on February 22, 2012 were issued 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 the to retain 40 cy of stone shorefront protection landward of the tidal wetlands; add 5 c¥ of new stone over 30 sf to the base of an existing stone slope; and place 35 c¥ of new stone over 670 sf on an unprotected slope; and the planting of Bayberry and Beach Plum schrubs as well as Maritime seed mix, Panic grass, Switch grass, Seaside Goldenrod, Sea Lavendar and Little Bluestem mix among the armor stone. The certificate is issued to NICHOLAS NOYES owner of the aforesaid property. Authorized Signature ~OJECT.. LOCATION NO"FEB: 1. Et FVA'RON DATU~ ~ N. AV~ '~. 2. TIDE DATA I~ T, AKEN P'~P'I 2Oll NO, AA T1DE TAE, L.F-~ ~EFEI2JENCE: NOANF~ MYSTIC RIVER - NEX,V LONE)ON 3. PROJECT D~PJI:~T1ON: i2E_pA4R E. P4F. STORE. ¢oO0.~F OF WOOD PATIO DECK iNCLUDING EXISTING I:::'EEJI'~ i'¢R BENCH AND NE'vV POST SUPPOI;~'ED C_.¢~LE ~4L, LAN[~,,VARD OF THE ~EP '~DAL ~¢~'rLANDS AND THE APPA~.ENT HIGH WATER · LINE. OVI BOA ~, :.]~ ~, .,.!: ::, :.....~. , TOWN OF $OUTHOI. D ATE ~j~ ~ PECK. SUITE 725 A COMP1LA~ON OF SURVEYS FOR ENV1P~:2NMENTAL. PEI;~J'fllT PURPOSE~. THEY APE NOT CONS'f~UCTION CoN'rPc,,CT DOCUMENTS. A TO~¢4 BUILDIN~ F~E~24~11T pfl,~y REQUIRE[~ '¢¢E~T: E,~ST: FI S H E~2--~ ISLAND DEVELOPMENT C.~. FO BOX ~ BEDFO~, NY IOBO~ PEP, AiR / 1245~TOPE L..O~ATION: FISHER~ IE~AND - TOWN ¢¢.~OUTHOLD SUFFOLK COUNTY, NE%V YORK WATEk~¥VAY: FLSHE~ ISLAND .GOUND PATE: A~I2JL 2~, 2Oll AopL_IC_CC4T: NICHOLA~ NOYES CHE~ ~OC~O, INC. ~ B. Neil~n, ~ 572 8~3~ "~- 5TONE ~ !~OT~CTION 6A~f~ON ULMEI~ KOO ~ '~ OF 'tiDAL WE'[I_AN[D~ O~,V~LUN~ PP.~JECT: OE~K t~,EPAIIR ~-~v~SF.D O~-22-11T.O.~ LOCATION: ~I~HER~ I~LAND - TO"WN of ~DUTHOLD REP, AIR / ~UFFOLK COUNTY, NEW YORK WATEI~VAY: R.~--~ER~ ISL,~4ND SOUND DAT~.: A&:~L. :2~, 2Oll AI::~:~.ICANT: NICHOLAS NOYES ' ,A~ENT: SHEET 2 OF ~- Kei'th E~, Nell~on, PE M~c, CT O~355 ~0 572 &g39 FAX ~ 572 75~ EM/NL: ck~x~snet, ne~' 7/29/2011 3:28 PM -----Sc° P'- o0 / " LIMrT ~ DTONE ,.~,H O P,E P"P~ NT PROTECTION T.O.5 WLF I L8 JPPER IJMFI'D OF ~DAL WETLAN[~ AS SHP-UB5 FLA~ED BY RICHARD CANAVAN. CP'IE SENIOR ENMRONMENTAL [2,ETAIN / 12,EF__~T,A~t...I~H NO'N-TU~F VEGETATED BUFFEI2-, AI..ON~ TOP OF J~ANK B,A~K TO IO-FT PEI~Ih~ I'~ BENCH TO BE I~TOI2ED / ~ NEEDED N DW~LLIN~ F.F. E~1.3.5 EXISTING ~:30*-~F WOOD D~CK REPL..'~:E D~- F~IOI~ATED DECK I.;I_ANK.~ AND ,BTRINGERS ~ NEEDED IN~TAI..I- I::~O~T~ TO P-.EI::~A~E CONCRETE BLOCK .~UI::~O,~T'~ I I I I ~ITE of NOYE.~ ELEVATION [:)ATUM NAVP ~ SURVEY by: CME ,A~OCIATE.~ EN~INEEPJN~ LAND ~UIL~C-YING ~ AI~HITECTURF~ PLL.C LOCA'T]ON: FI~HEP,~ ISLAND - TOWN of' SOUTHOLD SUFFOLK COUNTY', NE'vV YOIt< WATEILA,VAY: FIJi'lEES ISLAND SOUN[D DATE: /kC:~b :25, 2011 ,APi~IONNT: NICHOLA~ NOYE~ ,A~ENT: SHEET 3 OF ~- EDCDC~O, INC. B. Neil~on, PE t"~lc, CT 0~S55 572 89S~ FAX ~ 572 Ke[th Neilson, Docko Incorporated 7/29/2011 3:24 PM Noyes_Oeck-Restorotion_3dwg NON-TUI~F NO~I ~T~, ~, OEC~ ~ ~O ILLUMINATION I'~VEL~ ~ TO l],B tN A,~GORIDANCE "WITH LOCAL I~UILD~NG COOE.~. EXISTING 600'z~F DECI( DEC~ EL ?~,FT NAV~ ,EXISTING DWELLING TO t3E ~.EPAIRELD /~FLOOR EL 13.5~FT I~_..GU,C~FA~E ~EGI(IN~ ~PLA~E 5'I-~N~E~ A~ NEF__DEI~ COASTAL EROSION HAZARD LiNE FACE OF: HOUSE NEW INI'~I;~IED~ATE SUI::~F:~OI;L:'T POST ('Th'P) EXCAVATE ONLY FOR NEW SUI:~ORT FOSTS NO ~:DIL ~EGRADING - NO EROSION C, ONTROI_~ REQUIRED T/N"lP EXCAVATED GRAVEL INTO AUGERED POST HOLE TO RE~TRA~N POST REMOVE AND OISPOSE OF CONCRETE BLOCK SUPF:OIL~TS ~LOCK.~ LIMITS OF 11DAL WETLANDS FL C- EO by CME A~SQC~,TES STONE SHORE FROTEGTION PERI'Iff [D<ISTtNC~ BOULOERE IN TIDAL WETL~NDS SECTION I I I I REVI~EO 0~-22-11T.O.~. REI~AIR / RE~TO~JF- F-.LEVA~ON DATUM NAN,'O~ LOCAI~ON: FI~HI=R..~ t~:¢.AN P - TC:NVN of ~OUTHOLD ~UFF:OLK COUNTY. NE'A/YORK WATEI;A~/AY: FI~HEI~.G ISLAND ~OUND IDATF~ AI::~L 2-5, 2Oll APPLJC. ANT: NICHOLA~ NOYE.~ SHEET 4 Of 4- EDOCKO, INC. ~ B. N~il~on, PE M~allc, 0~' 0~355 Keith Neilson, Docko Incorporoted 7/29/2011 3:22 PM Noyes_Deck Restorotion 4dwg RUG 02 2012 6:SSPM HI RSERJET 3200 p.! Nick Noye~ 103 C(x~ldge Rd Conccxd, MA 01742 Plmne: 978-369-9708 Fax: 707-220-5289 ~=k~lnsight..e)q~ienc, e.com Town of Soulhold Trustees Alte~on: James F. KT~G Nick Noyes Far (631) 765-6641 I~{lee= ~, 'ncludlng cover ~ (~1) 76~1892 ~: ~2012 ~ ~m~e~ n~ f~ ~ pe~ ~: X U~ O For R~ O PI~ ~e~ O ~ ~ Please find attached a letter and notice of cornplelJon for two projects at our house on Chocomount Cove on Fishers Isiand: installation of armor stone for erosion contn3{ and repair of an existing deck. These two projects are complete (exce~ng new rail on bench for repaired deck), and ready for post- inspection. I will send via mail (or email if you prefer) pictures of the compiled work. Please advise if you will be inspecting the property Aug 8 (Town Fa~er's Day) or another t~me and wourd like me to be present on site, RUG O~ 2012 6:55PM HI~RSER3ET 3200 August 1, 2012 Board of Town Trustees Town of Southold Town Hall Annex .~.37S Main Rd. Southold, NY 11971 Nicholas B. Noyes 103 Coolidge Road Concord, M~ssarltusetts 01742 978=369-9708 This letter is to notify you of the completion of two items of permitted work on our propert~ on Choeomount Cove on Fishers Island ~Y. and note its readiness for n compliance inspection. The per.ts for the two work items follow thle letter: · Coastal Erosion Management Permit g?316C, issued May 19, 2010 · Coastal Erosion Managment Permit ~/630C, Issued Augnst 24, 2011 Both the armor stone erosion control and the deck repair work have been completed and are now ready for inspee~on per the inspeetlom schedule attached. I will send n copy of photographs of the completed work pertinent m both pernuts via U.S. marl. If yon would like to receive these electronically, please provide an emmi! address. Please advise via phone or emil if you weald like me to be present on site for a post inspection on August 8 or at another time. Sincerely, Nicholas B. Noyes nlek~insight-experienee.com Docko Inc, Serving the waterfront community since 1987 RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: permits@docko.com February 6, 2012 Mr. James King, President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: Noyes Property, Fishers Island Permit Extensions Dear Mr. King: As requested, I have enclosed a $100.00 check for permit extensions for permit number · 74r30-and~0C for Mr. Nicholas Noyes. I have also enclosed one signed and sealed set of revised application drawings and two copies for your review. Please let me know if the need for further information is required. KBN: cb Enclosure File: 09-08-2146 NOYES Yours truly, DOCKO, INC. Keith B. Neilson, P.E. Docko, Inc. Serving the waterfront community since 1987 RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: permits@docko.com February l4,2012 Mr. James King, Presidem Southold Board of Trustees PO BOX 1179 Southotd, NY 11971 Re: Affidavit of Posting & Certified Mail Receipts Nick Noyes, Fishers Island Dear Mr. King: We are pleased to transmit herewith the affidavit of posting and certified mail receipts for Mr. Nick Noyes on Fishers Island, NY for your review. We trust that you will find this complete and acceptable. Please let me know if the need for any further discussion or information is required. Yours truly, DOCKO, INC. Tina A. Wazny Administrative Assistant TW Enclosures CC: Nick Noyes File: 09-08-2146 NOYES James F. King, President Bob Ghosio, Jr., Vice-Presidem Dave Bergen John Brede~neyer Michael J. Domino 'lown Flail, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of NICHOLAS NOYES COUNTY OF SUFFOLK) STATE OF NEW YORK) tOCsr' cok_ AFFIDAVIT OF POSTING residing at/dba q{~ ~'q$'F t~O being duly sworn, depose and say: That on the of qSt0 2/ ,2012 I personally posted the property known as 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 fbr eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed, February 22, 2012 on or about 6:00 PM. Dated: (signature) Sworn to betbre me this /,~ day oft~ 20 i~ Notar~.Publk~ KARLA S. HEATH NOTARY PUBLIC, STATE OF NEW YORK NO. 01HE6222563 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 05/24/2014 m m Postage Ceriified Fee R~turn Receipt Fee (Endo~ser/ionl Required) Restricted Delivery Fee (Endorsement Required) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Barton U. Kidd Address: 3838 Oaklawn Rd., Ste 725, 2 Turtle Creek Village Dallas, TX 75219 Fishers Island Devel. Corp. Cynthia Dwyer Fishers Island Utilities P. O. Box 464 Fishers Island, NY 06390 532 Cantitoe Street Bedford, NY 10506 Drawer E Fishers Island, NY 06390 STATE OF CONNECTICUT COUNTY OF NEW LONDON DOCKO, INC. , residing at 14 HOLMES STREET, MYSTIC, CT , being duly sworn, deposes and says that on the 13 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 MYSTIC, CT , that said Notices were mailed to each of said persons by (certified) (registered) mail. Swom to before me this Day of /'~e~ ,20 Notary Public James F. King, President Bob Ghosio, .ir., Vice-President Dave Bergen John Brgd~mcy~r Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-664t BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: X Ch. 275 Ch. 111 INSPECTION SCHEDULE __ Pre-construction, hay bale line/silt boom/silt curtain I st day of construction ½ constructed Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: , James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 February 22, 2012 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Keith B. Neilsen, P.E. Docko, Inc. P.O. Box 421 Mystic, CT 06355 RE: NICHOLAS NOYES OFF PRIVATE RD. ON CHOCOMOUNT COVE, FISHERS ISLAND SCTM#3-2-1 Dear Mr. Neilsen: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., February 22, 2012: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit #7316 and Coastal Erosion Permit #7316C to include the planting of Bayberry and Beach Plum shrubs as well as Maritime seed mix, Panic grass, Switch grass, Seaside Goldenrod, Sea Lavender and Little Bluestem mix among the armor stone, as depicted on the project plan last revised January 31, 2012, and, BE IT FUTHER RESOLVED, that the Southold Town Board of Trustees APPROVES a One-Year Extension to Wetland Permit #7316 and Coastal Erosion Permit #7316C, as issued on May 19, 2010. This is not a determination from any other agency. Jame~F. King, prC~sesid~ Board of Trustees JFK:lms James F King, President Bob Ghosio, Jr., Vice-President Dave Bergen Johll Bredemeye~ P.O Boxl179 Southol& NY 11971 Telephone (631 765-1892 Fax (631 ) 765-664 [ Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: Docko, Inc. on behalf of NICHOLAS NOYES requests an Administrative Amendment to Wetland Permit #7316 and Coastal Erosion Permit #7316C to include the planting of Bayberry and Beach Plum shrubs as well as Maritime seed mix, Panic grass, Switch grass, Seaside Goldenrod, Sea Lavender and Little Bluestem mix among the armor stone; and a One-Year Extension to Wetland Permit #7316 and Coastal Erosion Permit #7316C, as issued on May 19, 2010. Located: Off Private Rd. on Chocomount Cove, Fishers Island. SCTM#3-2-1 Type of area to be impacted: __Saltwater Wetland __Freshwater Wetland'Z/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 __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission Violation Ir,J4~c~ Modifications: Conditions: Present Were: '~. King B. Ghosio__ ~J. Bredemeyer ~.--Michael Domino Form filled out in the field by Mailed/Faxed to: Date: Z~D. Bergen, D. Dzenkowski other Docko, Inc. Serving the waterfro~aer~4~l~i~e1987 RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: permits@docko.com Mr. Mathew Penski NYS DEC, Region 1 50 Circle Road, Bldg. 40, SUNY Stony Brook, NY 11790-3409 RE: 1-4738-03607/00002 Noyes Property, Fishers Island Dear Mr. Penski: Thank you for your letter of December 30th 2011 and prompt response following our meeting with Mr. Andrew Walker of the Marine Habitat Protection Bureau. In accordance with those discussions we are in agreement with all of the stipulations documented in your letter. Accordingly the following revisions have been made; · References to work authorized under DEC permit 1-4738-03607/00003 would indicate that the work has been previously approved under the referenced permit. · Notations have been added to the drawings stating that new stone will be placed in an engineered fashion chinked together as much as possible. Stone will not be dumped in the proposed shoreline protection area. · The wetlands boundary along the lower shoreline will be flagged with yellow tape to delineate the lower work boundary for the contractor. This will keep the contractor in the authorize work area and off the tidal wetlands vegetation. · Planting of native non-invasive maritime species including groundsel bush, bayberry and beach plum as well as a maritime seed mix, consisting beach grass, pennhet grass, switch grass, seaside golden rod and sea lavender, will be sprinkled throughout the stone after placement in order to facilitate the re- vegetation. I trust that you will find these revisions acceptable and that this will allow you to authorize the requested permit in the near future. We will plan on accomplishing this work in time for the vegetation to take hold late this spring. Your assistance is always greatly appreciated. Yours Truly, DOCKO, INC Keith B. Neilson, PE KBN: tw CC: Nicholas Noyes T.O.S.: Doherty FILE: 09-08-2146 NOYES Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 7654641 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 __ Ist day of construction ¼ constructed __ Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7316&7316C DATE: MAY 19~ 2010 ISSUED TO: NICHOLAS NOYES PROPERTY ADDRESS: OFF PRIVATE RD. ON CHOCOMOUNT COVE~ Fl SCTM#3-2-1 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 of the Board of Trustees adopted at the meeting held on May 19.2010 in consideration of application fee in the sum of $500.00 paid by Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits following: Wetland Permit & Coastal Erosion Permit to retain 40 cy. of stone shorefront protection landward of the flagged tidal wetlands; add 5 ey. of new stone over 30 sr. to base of an existing stone slope; and place 35 cy. of new stone over 670 sr. on an unprotected slope, and as depicted on the project plan prepared by Docko, Inc. last June 7, 2010. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee, Nicholas Noyes, residing at 103 Coolidge Rd., Concord, MA, 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 fi.om 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 Pennittee will, at his or her own expense, defend any and all such suits initiated by third parties, 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 provisions 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 S0uthold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Pe'rmittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town HallAnnex 54375MainRoad P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #7316C Date: May 19, 2010 SCTM#3-2-1 Name of Applicant/Agent: Docko, Inc. Name of Permittee: Nicholas Noyes Address of Permittee: 103 Coolidge Rd., Concord, MA Property Located: Private Rd. on Chocomount Cove, Fishers Island DESCRIPTION OF ACTIVITY: To retain 40 cy. of stone shorefront protection landward of the flagged tidal wetlands; add 5 cy. of new stone over 30 sf. to the base of an existing stone slope; and place 35 cy. of new stone over 670 sf. on an unprotected slope. CONDITIONS: N/A INSPECTIONS: Final inspection. The Coastal Erosion Management Permit allows for the activities as indicated on the project plan prepared by Docko, Inc. last dated June 7, 2010. 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 May 19, 2010 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Keith B. Neilson, P.E. Docko, Inc. P.O. Box 421 Mystic, CT 06355 RE: NICHOLAS NOYES OFF PRIVATE RD. ON CHOCOMOUNT COVE, FISHERS ISLAND SCTM#3-2-1 Dear Mr. Neilson: The Board of Town Trustees took the following action during its regular meeting held on Wed., May 19, 2010 regarding the above matter: WHEREAS, Keith B. Neilson, P.E. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, and Chapter 111 Coastal Erosion Management, applications dated April 27, 2010, and, WHEREAS, said applications were 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 issued a recommendation that the applications be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, Public Hearings were held by the Town Trustees with respect to said applications on May 19, 2010 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, 2 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, and, 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, and, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees has found the applications to be Consistent with the Local Waterfront Revitalization Program, and, BE IT FUTHER RESOLVED, that the Board of Trustees APPROVES the applications of NICHOLAS NOYES to retain 40 cy. of stone shorefront protection landward of the flagged tidal wetlands; add 5 cy. of new stone over 30 sr. to the base of an existing stone slope; and place 35 cy. of new stone over 670 sr. on an unprotected slope, and as depicted on the project plan prepared by Docko, Inc. last dated June 7, 2010. 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, Jill I~lj/Doherty, Preside~ Boat'd of Trustees ' JMD/Ims Docko Inc Serving the waterfront community since 1987 P.O. Box 421, Mystic, CT ~~b'-~, 2-7569, email: docko@snet.net 7ulY 21, 2010 Sou~old Bo~ of T~tees P c,z :e 01 Tr~ ~. ~ P.O. Box 1179 Sou~old, NY 11971 Re: Noyes F~ily Pro~, Fisbe~ Isled Sho~ont Proration Re~o~tion Ch~omo~t Cove Dear Ms Doherty: I am transmitting herewith revised application drawings for the proposed shorefront protection restoration at property of Nicholas Noyes and his family on East End Road in Fisher's Island. This application has been changed to reflect the conditions of approval at the May 2010 Board of Trustees meeting. There will be no stone relocation from the marsh. All stone shorefront protection will be new stone from sources on Fisher's Island. The drawing has also been changed to reflect the addition of information requested by New York State, DEC, namely, the specifications for the various types and quantities of stone to be used in this armoring process. We have also obtained a copy of the New York State Department of State consistency determination for this project, a copy of which is attached for your reference and the file. I trust that you will find this drawing accurately reflects terms of your approval. We look forward would receipt of the requested permit. Please let us know if the need for any further information or discussion arises. Yours truly, DOCKO, INC. Keith B. Neilson, P.E. KBN.'jm Enclosures CC: Mr. Nick Noyes File: 09-08-2146 NOYES PATERSON Mr. Keitt~ Neilson, P.E. Docko, loc. P.O. Box 421 Mystic, CT 06355 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 July 20. 2010 Re: F-2010-0376 LORRAINE A. CORTES-VAZQUEZ SECRETARY OF STATE Nicholas Noyes Property - Retain existing 40cy of native stone along blutt; relocate approx. 20cy of native stone from within tidal wetlands to the bluft~ and place an additional 20cy of stone along bluff. Chocomount Cove, Fishers Island, Suffolk County No Review Necessary - No Corps Permit Required Dear Mr. Neilson: The Depamnent of State received your Federal Consistency Assessment Form and supporting infbrmation tbr the above-mentioned activity on April 28, 2010. DOS has been infurmed by the U.S. Army Corps of Engineers that your proposal does not require a fkdemi permit, license, or other authorization. Therefore, further review of this project by the Department of State, and concurrence with your consistency certification, are not necessary. This determination is without prejudice to and does not obviate the need to obtain all other applicable licenses, permits, other forms of authorization or approval that may be required pursuant to existing State or Federal statutes. Should the proposed activity require a federal permit, license, or other form of authorization, further review of this project by the Department of State, and concurrence with your consistency certification, are necessary. Please contact me at (518) 474-1737 (email: Jennifer. Street~dos.state.ny.us) if you have any questions regarding this matter, and refer to our file #F-2010-0376. ~Sincerely, - Jenn'~fer L. Street Coastal Resources Specialist Office of Coastal, Local Government and Community Sustainabilit~- CC: COE/New York District - Sophia Squires (NAN-201000487-ESQ) NYS DEC Region I- Matthew Penski (l-4738-03607/00002) Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: ~ ~ r' h {NIO~ 'T~l/~ Please be advised that your application dated ~] o3')ll'O has been reviewed by this Board at the regular meeting of ,_~/./c)//~ and your application has been approved pending the completion of the following items checked off below. 'v// Revised Plans for proposed project __ Pre,Construction Hay Bale Line Inspection Fee ($50.00) __ Ist Day of Construction ($50.00) __ ¼ Constructed ($50.00) V'/ Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be Paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE:$ ~-'-O,(~ · BY: Jill M. Doherty, President Board of Trustees Peter Young, Chairperson 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 Wed., May 12, 2010, the following recommendation was made: NICHOLAS NOYES to retain 40+/- cy. of stone shorefront protection landward of the flagged tidal wetlands, relocate 20+/-cy. of stone from the tidal wetlands and place it landward of the flagged tidal wetlands and east of the stone to be retained over an area of approx. 400 sf. and place an additional 20+/-cy. of stone over 300+/-sf. landward of the flagged tidal wetlands east of the other stone. Located: Off Private Rd. on Chocomount Cove, Fishers Island. SCTM#3-2-1 The CAC did not make an inspection, therefore no recommendation was made. Jill M. Dohedy. President James F. King. Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer P.O. Box 1179 Southold. NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: PC/C/ ~ //2 /~'b NICHOLAS NOYES requests a Wetland Permit and Coastal Erosion Permit to retain 40+~- cy. of stone shorefront protection landward of the flagged tidal wetlands, relocate 20+/-cy. of stone from the tidal wetlands and place it landward of the flagged tidal wetlands and east of the stone to be retained over an area of approx. 400 sf. and place an additional 20+/-cy. of stone over 300+/-sf. landward of the flagged tidal wetlands east of the other stone. Located: Off Private Rd. on Chocomount Cove, Fishers Island. SCTM#3-2-1 Type of area to be impacted: __Saltwater Wetland Freshwater Wetland ~" Sound Bay Distance of proposed work to edge of wetland ~¢¢~c~'~,% Part of Town Code proposed work falls under: _.~hapt.275 fChapt. 111 __other Type of Application: ~"~/Vetland ~'~Coastal Erosion __Amendment ._Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: V/J.King .~.Doherty~-~J. Bredemeyer B.Ghosio, __ D. Dzenkowski other Form filled out in the field by D. Bergen__ Mailed/Faxed to: Date: NICHOLAS NOYES FISHERS ISLAND PHOTOGRAPH NARRATIVE This photograph shows the large stone placed on the shorefront of the Noyes property presumably about the time the house was built 40 or more years ago. The stone was an apparent attempt to create some sort of shore protection; however, its placement in the wetlands does not accomplish significant protection. It does preclude the ability of the spartina patens high marsh to colonize this suitable shorefrout. The project is to remove the large boulders not significantly adding to shoreftont protection and move them farther back to the east on terrain that needs protection and is above the tidal wetlands fringe. Currently, the area is overgrown with scrub vegetation including bittersweet and other invasive species. This project will include the removal of the invasive species and more suitable vegetation, such as the large Bayberry bush / tree just left of center in the background, will be enhanced. This photograph shows the vegetation of the high marsh at high tide with the rack line indicating the high tide line clearly discemable. Most of the project will occur is landward of the apparent high water line but within the limits of the tidal wetlands vegetation as flagged by CME Engineers. It is envisioned that this project will be a benefit to both the tidal wetlands by restoring suitable habitat for expansion of the colonies of spartina patens as well as enhancing shoreline protection much needed for the Noyes household, which is on the edge of the eroding bank. This photograph shows miscellaneous boulders and stone along the shore which appear to have rolled down the slope during the land clearing process for the construction of the home. These boulders will be relocated in the upper reaches of the bank (upper right comer of the photo) out to the Bayberry tree. The tree in the background will be removed from the site. The boulder at the far end of the property in front of the Bayberry is not planned to be removed. This is intended to~op, lement ENG Form 4345, AppOtion for Department of the Army Permit, or thca"Jo;nt Application for Permit use~ in the State of New York. Please provide complete answers to all questions below which are relevant to your project. Any answers may be continued on separate-sheet(s} of paper to be-attached to this form. P~VACYACTSTATEMENT The purpose of this form is to provide the Corps of Engineers with basic information regarding your project. This information will be used to facilitate evaluation of your permit application and for public dissemination as required by regulation. Failure to provide complete information may result in your application being declared incomplete for processing, thereby delaying processing of your application. GENERAL-APPLICABLE TO ALL PROJECTR Explain the need for, and purpose of, the proposed work. Attached are the detailed narrative and drawinqs which set forth the full description of the proiect. construction techniques and methodolo.q¥, anticipated impacts includ n.q environmental, aesthetic, usa.qe, navi.qation and public access. 2. Provide the names and addresses of properh/ owner, s adjacent to your work site (if not shown on the application form or project drawings). East: Cynthia Dwyer, 532 Cantitoe Street, Bedford, NY 10506 West: Fishers Island Development Corp., PO Box 464, Fishers Island, NY 06390 West: Barron U. Kidd. 3838 Oaklawn Rd. Suite 725, 2 Turtle Creek Village, Dallas, TX 75219 (Please note that depending upon the nature and extent of your projec~ you may be requested to provide the names and addresses of additional property owners proximate to your project site to ensure proper coordination.) 3. Photographs of the project site should be submitted. For projects in tidal areas, photographs of the waterway vicinity should be taken at Iow tide. Using a separate copy of your plan view, Indicate the location and direction of each photograph as well as the date and time at which the photograph, was taken. Provide a sufficient number of photographs so as to provide a clear understanding of conditions on and proximate to your project site. Photo.qraphs are Attached 4. Provide a copy of any environmental impact statement, or any other environmental report which was prepared for your project. See attached narrative 5. Provide a thorough_discussion of alternatives to your proposal. This discussion should include, but ~ necessarily be limited to, the~o action" alternative and alternative(s) resuitin~"in less disturbance to water,.; of'"~e United States. For filling projects in waters of the United States, including wetlands, your alternatives discussion should demonstrate that there are no practicable alternatives to your proposed filling and that your project meets with current mitigation policy (i.e-. avoidance, minimization and compensation). The existin.q shorefront stone work is Ionq standin.q. The stone in the frin.qe marsh serve~ no real purpose where it could provide shore front protection if moved to the face of thn bank. This option minimizes the need for new stone and returns the frin.qe colony habitat of spartina to a more productive nature. See attached narrative. DREDGING PROJECTS Answer the following if your project involves dredging. 1. Indicate the estimated volume of material to be dredged and the depth (below mean Iow water) to which dredging would occur. Would there be overdepth dredging? There is no dred.qinR for this proiect. 2. You can apply for a ten-year permit for maintenance dredging. If you wish to apply for a ten-year permit, please provide the number of additional dredging events during the ten-year life of the permit and the amount of material to be removed during future events. 3. Indicate of your drawings the dewatering area (If applicable) and disposal site for the dredged material (except landfill sites). Submit a sufficient number of photographs of the dewatering and disposal sites as applicable so as to provide a clear indication of existing conditions. For ten-year maintenance dredging permits, indicate the dewatering/disposal sites for future dredging events, If known. 4. Describe the method of dredging (i.e. clamshell, dragline, etc.) and the expected duration of dredging. 5. Indicate the physical nature of the material to be dredged (i.e. sand, silt, clay, etc.) and provide estimated percentages of the various constituents If available. For beach nourishment projects, grain size analysis data is required. o, uescrme me memoa or clreclgecl material containment (i.e. hay bales, embankment, bulkhead, etc.) and ~j~ther return flow from the dewater, ilBg/disposal site would reenter any waterway. Also N~lcate if there would be any barge ~rflow. MOORING FACILITIES Answer the following if your project includes the construction or rehabilitation of recreational mooring facilities. 1. It is generally recommended that any fixed piers and walk ramps be limited to four feet in width, and that floats be-limited to eight feet in width and rest at least two feet above the waterway bottom at mean Iow water. Terminal floats at private, non. commercial facilities should be limited to 29 feet in length. If you do not believe your proposal can meet with these recommendations, please provide the reason(s). There is no preposed dockinq facility or structure preposed as a part of this preject 2. Using your plan view, show to scale the location(s), position(s) and size(s) (including length, beam and draft) of vessel(s) to be ~oored at the proposed facility, including those of transient vessel(s) if known, The pier and dockin.q facilities are shown. 3. For commercial mooring sites such as marinas, indicate the capacity of the facility and indicate on the plan view the location(s) of any proposed fueling and/or sewage pumpout facilities. If pumpout facilities are not planned, please discuss the rationale below and indicate the distance to the nearest available pumpout station. This section is not applicable. 4. Indicate on your plan view the distance to adjacent marine structures, if any are proximate and show the locations and dimensions of such structures. There are no adjacent dockin,q facilities in Chocomount Cove. ~,. ~=uuaa u~e ,eau ~u~ wave prozecz;on at rne proposeo facility. Please be advised that if a permit is issJd~d, you would be required to recognize that the mooring facility may be subject to~Ve action from wakes of passii~vessels, whose operations would not be required to be mod;ified. Issuance of a permit would not relieve you of ensuring the integrity of the authorized structure(s) and the United States would not be held responsible for damages to the structure(s) and vessel(s) moored thereto from wakes from passing vessels. See attached narrative. BULKHEADING/BANK STABILIZA TION/FILLING ACTIVITIES Answer the following if your project includes construction of bulkheading (also - retaining walls and seawalls) with backfill, filling of waters~wetlands, or any other bank stabilization fills such as riprap, revetments, gabions, etc. I. Indicate the total volume of fill (including backfill behind a structure such as a bulkhead) as well as the volume of fill to be placed into waters of the United States. The amount of fill in waters of the United States can be determined by calculating the amount of fill to be placed below the plane of Spring high tide in tidal areas and below ordinary high water in non-tidal areas. Retain 40 +/- CY of stone shorefront protection landward of the flagged tidal wetlands, relocate 20+~- CY of stone from the tidal wetlands and place it landward of the flagged tidal wetlands and east of the stone to be retained over an area of approximately 400 SF and place an additional 20 +/- cy of stone over 300 +/- SF landward of the flagged tidal wetlands east of the other stone See attached proiect narrative and the application drawin.qs. 2. Indicate the source(s) and type(s) of fill material. 20 +/- CY of the boulder fill will be from the existin.q spartina alterniflora ve.qetated frin.qe waterward of the toe of the bank. The additional 20 +/-CY of boulder fill will come from existin.q boulder stock piles on the island. All fill materials are clean. 3. Indicate the method of fill placement (i.e. by hand, bulldozer, crane, etc.). Would any temporary fills be required in waterways or wetlands to provide access for construction equipment? If so, please indicate the area of such waters and/or wetlands to be filled, and show on the plan and sectional views. requiring Depart. m. e~of the Army permits. It is inten~ to obviate or reduce the need for requestin~ditional information; however, I~litional information may be requested above and beyond what is requested in this form. Please feel free to add any additional information regarding your project which you believe may facilitate our review. See attached narrative. NARRATIVE STATEMENT ~ SUPPLEMENTAL INFORMATION PERMIT APPLICATION NICHOLAS NOYES CHOCOMOUNT COVE, FISHERS ISLAND, NY MARCH 26, 2010 GENERAL The Noyes family owns property off Oriental Avenue, also known as East End Road) located along the shore of Chocomount Cove on Fishers Island. The exposure is to the north and east and the site is subject to occasional waves and flooding conditions depending on weather conditions and wind direction. The Noyes' property is approximately 2 acres with a steep bank transitioning to wetlands at the shoreline. Shoreline protection at this site has been reviewed during previous permit applications. At this time, the bank is suffering fi:om severe shoreline erosion. Armoring needs to be implemented mediately in order to preserve the bank. The attached narrative substantiates the scope of work and provides responses to va_dom concerns outlined in Local Law No. 6 2004, relating to new Chapter 97 "Wetlands and Shoreline" 9fthe C~de of the Town of Southold. SHORELINE MODIFICATIONS This project involves the localized removal and relocation of large stone and boulders fi:om the spartina fi:inge marsh to the bank, as detailed in the photographs and attached permit application drawings, landward of the apparent high water line, which currently follows the toe of the bank. It is anticipated that all work will be done from the water. There is a ch'op of abont eight feet fi:om the yard to the bottom sediments along the shore at the toe of the bank. If the bank were to erode further, or not be protected, excessive erosion could result and undermine the foundation of the house or lead to real problems with the structural integrity of the house. The localized scope of work does not appear to require land based machine excavation. It is anticipated that work will be done with heavy marine based equipment; stone and boulder materials are on site. REQUIREMENTS OF SECTION 97-25 OF THE WETLANDS LAW The permittee acknowledges that the validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The permittee does, by the acceptance of these permits, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting fi:om such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town of Southold and its officers. The permittee gives consent to the Town, the NYS DEC, the NYS DOS and the US' ACOE and their officers, employees and agents to enter upon the premises where such 1 operations are being c~[ucted to make such inspections to de~t~rmine whether said operations are being conducted in~lformity with the permit. The permittee will notify the Town of Southold, Board of Trustees as well as State and Federal agencies in writing one week prior to initiation of any and all operations. The permittee will notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance for a certificate of compliance. In response to Sub-section 2a, most of this project relates to modifications of shoreline protection, and there are no dock facilities at the site and none are requested. Upon receipt of the permit for this project, appropriate permit numbers will be affixed to the most seaward face of the pier for identification fxom the water. There are no permanent dock facilities or boating structures located above the pier decking nor are any planned at this time. Completion of the proposed work will enhance passage along the shore. It should be noted that the shore of Chocomount Cove represents a substantial drop- off of terrain and there is very little passable foreshore landward of the intertidal zone. The foot traffic in this area is rare, if at all. SUMMARY This project represents the maintenance of a long-standing, shore protection, waterfront structure for the property of the Noyes family on Fishers Island. The shorefront protection in place has existed for years. This bank protection and tidal wetland restoration project appears to meet all the criteria for US Army Corps of Engineers Nationwide General Permit; coordination of this application with the U.S ACOE, New York Regional Office is being accomplished as a part of this submission. This project complies with all applicable standards of Local Law No. 6, 2004, the Town of Southold LWRP and the NYS DOS Coastal Management Program and its approval is respectfully requested. Respectfully submitted, DOCKO, INC. Keith B. Neilson, P.E. 2 Clump PROJECT: RESTORATION" WATERWAY: LOCATION: SOUTHOLD APPLICANT: DATE: AGENT: LOCATION MAP "SHOREFRONT PROTECTION CHOCOMOUNT COVE FISHERS ISLAND, TOWN OF SUFFOLK COUNTY, NEW YORK NICHOLAS B. NOYES November 25, 2009 DOCKO, INC. 25 PROJECT: "SH~FRONT PROTECTION RESTORATION" WATERWAY: 'L'HOCOMOUNT COVE LOCATION: FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK APPLICANT: NICHOLAS B. NOYES DATE: November 25, 2009 AGENT: DOCKO, INC. ISL~0 $,4 tO ,/ ® I~iddle Forms Pond * APPLICATION FOR DEPARTMENT(33 CFR 325) OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003 · Public reporting burden for this collection of in o~m~ation is estimated lo average :5 hours per response, inclu ~ng the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.. Send comments regarding this burden estimate of any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Aflington, VA 22202-4302; and to the Office of Management ~md Budget, Paperwork Reduction Project (0710-0003), Woshington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, navigable waters ofthe United States the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: lnfommtion provided on this form will be used in evaluating this application for a permit. Disclosure: Disclosure of requested infommtion is is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitled to the District Engineer having jurisdiction of the proposed activity. An application that is not completed in full will be returned. I. APPLICATION NO. 5, APPLICANT'S NAME bIICHOLAS NOYES 6. APPLICANT'S ADDRESS 103 COOLIDGE ROAD CONCORD, MA 01742 7. APPLICANT'S PHONE NO'S W/AREA CODE a. Residence (978) 369-9708 (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS} 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APP. COMPLETED ITEMS BELOW TO BE FILLED BY APPLICANT 8. AUTHORIZED AGENT'S NAME & TITLE DOCKO, 1NC. KEITH B. NEILSON, P.E. 9. AGENT'S ADDRESS P. O. BOX 421 MYSTIC, CT 06355 10. AGENT'S PHONE NO'S W/ARF~ CODE a. Residence b. Business b. Business (860) 572-8939 I I. STATEMENT OF AUTHORIZATION I hereby authorize, DOCKO, INC. to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. NICHOLAS NOYES blAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT blAME OR TITLE (See instructions) SHOREFRONT PROTECTION MODIFICATIONS 13. NAME OF WATERBODY, IF KNOW (if applicable) CHOCOMOUNT COVE 14. PROJECT STREET ADDRESS (if applicable) PRIVATE RD ON CHOCOMOUNT COVE FISHERS ISLAND, NEW YORK 06390 15. LOCATION OF PROJECT SUFFOLK NY COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS. IF KNOWN, (See instructions) PRIVATE ROAD, FISHERS ISLAND 17. DIRECTIONS TO THE SITE From Ferry Terminal: Northemt on Eques~xian Ave. to the Village. Right on Oriental Ave. Proceed on Eaat End Road 3 miles to the Noyes Property. ENG FORM 4345, Feb. EDITION OF SEP 91 IS OBSOLETE. LAT. 41° 16' 45" N, LONG. 71° 58' 40" W (Proponent:CECW-Og I g. Nature of Activity (Description of project, Retain 40 +/- CY of stone shorefront protection landward of the flagged tidal wetlands, relocate 20+/- CY of stone from the tidal wetlands and place it landward of the flagged tidal wetlands and east of the stone to be retained over an area of approximately 400 SF and place an additional 20 +/- cy of stone over 300 +/- SF landward of the flagged tidal wetlands east of the other stone. 19. Project Purpose (Describe the reason or puq)ose of the projecl, see instructions) This project is to modify deteriorating shoreline protection of private property and an existing house. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL iS TO BE DISCHARGED 20. Reason (s) for Discharge This project is to replace and modify shorefront protection to protect a tong standing home. 21. Type (s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Boulders will be placed along the bank to stabilize the existing eroding bluff. 22. Surfa~ Area in Acres of Wetlands or Other Waters Filled (see instructions) NONE - Tidal Wetlands boulders will be removed from the wetlands. 23. Is Any Portion of the Work Already Complete? Yes N6 X IF YES, DESCR/BE THE COMPLETED WORK 24, Addresses of Adjoining Prope~y Owners, Lessees, Etc., Whose Property Adjoins the Watcrbody (if more than can be entered here, please attach a supplemental lis0. EAST: CYNTHIA DWYER, 532 CANTITOE ST., BEDFORD, NY 10506 WEST: FISHERS ISLAND DEVELOPMENT CORP., P. O. BOX 464, FISHERS ISLAND, NY 06390 WEST: BARRON U. KIDD, 3838 OAKLAWN RD. SUITE 725, 2 TURTLECREEK VILLAGE, DALLAS, TX 75219 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL* IDENT. NUMBER DATE APPLIED DATE APPROVED NYS DEC DOCK/WETLANDS PENDING 2010 PENDING Town of Southold Wetlands / Shoreline PENDING 2010 PENDING NYS DOS Coastal Zone PENDING 2010 PENDING DATE DENIED *Would include but is not restricted to zoning, building and flood plain permits. 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete an~d accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. -- ~ ~ $1~NATD~E O~ AG~'~ NICHOL~AS NOYES~ KEITH B. NEILSON, DOCKO, INC. The application must be signed by the person who desires lo undertake the proposed activity (applicant} or it may be signed by a duly authorized agent iftbe statement in block I I has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any m~nner within the jurisdiction of any depmlment or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or discuises a material fact or makes any false, fictitious or fraudulent statements or representable.ns or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or ChOy, shall be fined not move than $10,000 or imprisoned not more than five years or both. *U.S.GPO: 1994-520-478/82018 JOINT APPLICAtlIN United States A~y Co~s of Engineers NYS ~ of Envlmnmen~l Consewa~n Nicholas Noyes~ 978-369-9708 103 Coolidge Road ~ D~s, M~dngsorP~affo~ Post ~e I S~ J ~p C~ (Cons~or Pla~) Con.rd MA 01742 ~ 401~rQuali~Ce~ ~erorAgen~on~Pe~ ~ ~ner ~ent~n~P~on TMe~ Number (~) ~ PomU.~rSupp;y Keith B. Neilson, P.E., Docko, Inc. 86~572-8939 ~ Aqua~V~.m~.Co.~ PO Box 421 Mystici~1 06355 (s~ ~.~ ~. u~ ~r) Suffolk Southold, FI 100~00~02-01 u~ E..ment (pi~li~, mndu~. O~ East End R~d (so mll~) ~ ~, ~na~ ~ ~m~o~ Fisho~ Island ~ Fms~a~r~andsPe~ N~W London- CT-RI-NY N~M-E NYTM~ 4 ~ke ~.~. P.~ C~s~. ~ Retain 40 +/- CY of stone shorefmnt prote~ion landward of the flagged ~dal ~ ~ (Co.s~== ~} 'wetlands. relate 20+/- CY of stone ~m the ~dal wetlands and place it landwa~ of ~ M~n~ (Es=U,=~) the flagged tidal wetlands and east of the stone to be m~ined over an area of approximately 400 SF and pla~ an additional 20 +/- cy of stone over 300 +/- SF US A~ CO~ ~ E.gln.. landwa~ of the flagged tidal wetlands east of the o~er stone. ~ N~o~e P~ff (s) Iden~ Numa,s) DEC APPLICATION NUMBER .,.~ ~,~ c~ v~ No IMMED UNKNOWN ::te}~ Signature of ~pli~n, RESE1 EFH ASSESSMENT WORKSHEET FOR FEDERAL AGENCIES (modified 08/04) PROJECT NAME: SEAWALL MODIFICATIONS PROJECT NO.: PREPARER: DOCKO~ INC, Keith B. Neilson, P.E DATE: March 22 2010 LOCATION: Noyes Property, Fishers Island, NY Step 1. Use the Habitat Conservation Division EFH webpage, Guide to Essential Fish Habitat Designations in the Northeestem United States to generate the list of designated EFH for federally-managed species for the geographic area of interest (http:llwww.nero.noaa.govlhcdlindex2a.htm). Use the species list as part of the initial screening process to determine if EFH for those species occurs in the vicinity of the proposed action. Attach that list to the worksheet because it will be used in later steps. Make a preliminary determination on the need to conduct an EFH Consultation. 1. INITIAL coNsIDERATIONs . ~ : EFH Designations Yes No Is the action located in or adjacent to EFH designated for eggs? x Is the action located in or adjacent to EFH designated for larvae? x Is the action located in or adjacent to EFH designated for juveniles? x Is the action located in or adjacent to EFH designated for adults? x Is the action located in or adjacent to EFH designated for spawning adults? x If you answered no to all questions above, then EFH consultation is not required -go to Section 5. If you answered yes to any of the above questions proceed to Section 2 and complete remainder of the worksheet. Step 2. In order to assess impacts, it Is critical to know the habitat characteristics of the site before the activity is undertaken. Use existing information, to the extent possible, in answering these questions. Please note that, there may be circumstances in which new information must be collected to appropriately characterize the site and assess impacts. 2. SITE CHARACTERISTICS Site Characteristics I Description Is the site intertidal, sub-tidal, or This project is shoreline erosion protection modifications which will water column? encompass the intertidal zone of approximately 1,500 SF in size. See attached narrative What are the sediment The existing intertidal zone sediments am fine grained sand and characteristics? gravel with exposed stone and boulders Is Habitat Area of Particular Concern (HAPC) designated at or near the site? If so what The site is a transitional fringe mamh along the upper reaches of the type, size, characteristics? intertidal zone which is eroding due to exposure to north-east storm driven waves. The fringe marsh characteristics will improve as a result of this projecL Is there submerged aquatic Them was visible SAV in the shallow subtidal waters out to 150 feet vegetation (SAV) at or adjacent beyond the mean Iow water line. Them was some SAV detritus on the to project site? If so describe foreshore which would confirm the presence of SAV colonies near by. the spatial extent. What is typical salinity and Salinity varies somewhat seasonally but is typically in the 25-30 ppt. temperature regime/range? Temperature varies seasonally from approximately 30 degrees in the winter to 70 degrees in the summer. What is the normal frequency of Site disturbances vary seasonally but are all storm induced. The site site disturbance, both natural is wide open to storm induced winds from the north to easterly and man-made? quadrant. What is the area of proposed Approximately 1,500 SF of the shoreline area will be directly impacted impact (work footprint & far by this project. Once the boulders have been removed and set on the afield)? bank, the spartina fringe marsh should re-colonize the area beneficially. Step 3. This section is used to describe the anticipated impacts from the proposed action on the physical/chemical/biological environment at the project site and areas adjacent to the site that may be affected. 3. DESCRIPTION OF IMPACTS Impacts Y N Description Nature and duration of X It is anticipated that the adverse impacts from this project activity(s) will be small because of the restoration nature of the work. The project can take place in as little as a week but will likely take a month- tide and weather permitting. Will benthic community be X No benthic impact is foreseen disturbed? Will SAV be impacted? X The marine construction equipment may disrupt the SAV bed slightly but it is anticipated that the work will be done after September or before June when SAV should not be an issue. Will sediments be altered and/or X Sedimentation rates in the shallow sub tidal zones will not sedimentation rates change? increase as a result of, this project. Will turbidity increase? X Turbidity, on a day to day basis, will not change significantly from existing conditions. (See attached Narrative Statement) Will water depth change? X Water depth in the intertidal zone or shallow subtidal zone will not change as a result of this project. Will contaminants be released X This shoreline protection stones will come from the site into sediments or water along the same stretch of shore. The likelihood of column? contaminant will be minimal. Only clean fill will be used. Will tidal flow, currents or wave X Wave patterns will not be altered due to the relocation of the ~atterns be altered? large stone. Will ambient salinity or X Ambient salinity is 25-30ppt and temperatures are 50 to 70 temperature regime change? degrees Fahrenheit. Neither will change as a result of this project. Will water quality be altered? X Water quality should not change as a result of this project. Step 4. This section is used to evaluate the ~onsequences of the proposed action on the functions and values of EFH as well as the vulnerability of the EFH species and their life stages. Identify which species from the EFH species list (generated in Step 1) will be advemely impactsd from the action. Assessment of EFH impacts should be based upon the site characteristics identified in Step 2 and the nature of the impacts described within Step 3. The Guide to EFH Descriptions webpage (http:llwww. nero. noaa.govlhcdllist.htm) should be used during this assessment to determine the ecological parametemlprsferances associated with each species listed and the potential impact to those parameters. 4. EFH ASSESSMENT Functions and Values Y N Describe habitat tTpe, species and life stages to be adversely impacted I Will functions and values of EFH be impacted for: · Spawning The shallow subtidal zone and intertidal zone ars currently X sandy gravel strewn with stones and boulders and a tidal wetlands fringe will rsmain so without rsgard project. Nursery X The shallow subtidal zone and intertidal zone ars currently sandy gravel surrounded by a fringe marsh and barrier beach with upland herbaceous vegetation, bushes and trees. None of which will be altarsd by this project. Forage X The shallow subtidal zone and intertidal zone are currently sandy gravel with eel grass about 150 feet offshore. This will not change. The enhancement of the tidal wetlands vegetation should be a foraging benefit to juvenile fish. Shelter X The shallow subtidal zone and intertidal zone are currently sandy gravel with eel grass about t50 feet off shore. This will not change. The enhancement of the tidal wetlands vegetation should be a foraging benetit to juvenile fish. Will impacts be temporary or It is envisioned that any impacts experienced as a rssuit of permanent? this project will be temporary and not permanent. The area of coverage of the proposed armor stone is small compared to the area Chocomount Cove and of no consequence compared to the overall fringe habitat and coastal shoreline of Fishers Island. No compensatory mitigation is proposed for this project. No Will compensatory mitigation be X used? land will be excavated or regarded during the course of the work. Approximately 250 square feet of habitat tidal wetland area will be reclaimed because of this project. All of these features are natural and similar to other nearby shoreline perimeter. It will encourage tidal wetlands vegetation to grow along the fringe of the rubble as opposed to the boulders r I I which currently preclude such growth. Step 5. This section provides~the Federal d t ti th~'d agency=s eermina onon e egreeofimpacttoEFHfromthe proposed action. The EFH determination also dictates the type of EFH consultation that will be required with NOAA Fisheries. 5. DETERMINATION OF IMPACT / Federal Agency=s EFH Determination x There is no adverse effect on EFH Overall degree of EFH Consultation is not required adverse effects on EFH (not including The adverse effect on EFH is not substantial. compensatory mitigation) will be: This is a request for an abbreviated EFH consultation. This worksheet is being submitted to NMFS to satisfy the EFH (check the appropriate Assessment requirement. statement) The adverse effect on EFH is substantial. This is a request for an expanded EFH consultation. A detailed written EFH assessment'will be s-ubmltted to NMFS expanding upon the impacts revealed in this worksheet. Step 6. Consultation with NOAA Fisheries may also be required ifthe proposed action results in adverse impacts to other NOAA-trust resources, such as anadromous fish, shellfish, crustaceans, or their habitats. Some examples of other NOAA-trest resources are listed below. Inquiries regarding potential impacts to marine mammals or threatened/endangered species should be directed to NOAA Fisheries' Protected Resources Division. 6, OTHER NOAA,TRUST RESOURCES IMPACT ASSESSMENT Species known to occur Describe habitat impact type (i.e., physical, chemical, or biological at site (list others that disruption of spawning and/or egg development habitat, juvenile nursery may apply) and/or adult feeding or migration habitat). alewife blueback herring rainbow smelt Atlantic sturgeon Atlantic menhaden American shad American eel Physical Changes, not disruptive American lobster Physical Changes, not disruptive blue mussels Physical Changes, not disruptive soft-shell clams quahog Physical Changes, not disruptive, no adverse impact Other species: NEW YORK STATE DEPARTMENT OF STATE COASTAL MANAGEMENT PROGI~ Federal Consistency Assessment Form An applicant, seeking a permit, license, waiver, certification or similar type of approval from a federal agency which is subject to the New York State Coastal Management Program (CMP, shall complete this assessment form for any proposed activity that will occur within and/or directly affect the State's Coastal Area. This form is intended to assist an applicant in certifying that the proposed activity is consistent with New York State's CMP as required by U.S. Department of Commeme regulations (15 CFR 930.57(. It should be compOleted at the time when the federal application is prepared. The Department of State will use the completed form and accompanying information in its review of the applicant's certification of consistency. APPLICANT 1. Name: NICHOLAS NOYES 2. Address: 103 COOLIDGE ROAD, CONCORD, MA 01742 3. Telephone: Area Code (978) 369-9708 I~. PROPOSED ACTIVITY 1. Brief description of activity: getain 40 +/- CY of stone shorefront protection landward of the flagged tidal wetlands, relocate 20+/- C Y of stone from the tidal wetlands and place it landward of the flagged tidal wetlands and east of the stone to be retained over an ~ea of approximately 400 SF and place an additional 20 +/- CY of stone over 300 +/- SF landward of the flagged tidal wetlands east of the other stone. 2. Purpose of activity: vegetation. 3. Location of activity: This project is to provide shoreline protection including relocation of long-standing boulders and Along the shoreline on Chocomount Cove, Fishers Island. SUFFOLK County FISHERS ISLAND, TOWN OF SOUTHOLD City, Town or Village PRIVATE ROAD, Off East End Rd. (So Called) Street or Site Description 4. Type of federal permit I license required: U.S. ACOE, NYS DEC,TOWN OF SOUTHOLD 5. Federal application number, if known: Pendinq If a state permit I license was issued or is required for the proposed activity, identify the state agency and provide the application or permit number, if known: NOT KNOWN 1 C~ ~;OASTAL ASSESSMENT Ch~ither "YES" or "NO" for each of the foll~ questions. The numbers following each question refer to the policies described in the CMP document (see footnote on page 2) which may be affected by the proposed activity. 1. Will the proposed activity result in any of the following: a. Large physical change to a site within the coastal area which will require the preparation of an environmental impact statement? (11, 22, 25, 32, 37, 38, 41, 43} .................... b. Physical alteration of more than two acres of land along the shoreline, land under water or coastal waters? (2, 11, 12, 20, 28, 35, 44) ........................................ c. Revitalization / redevelopment of a deteriorated or underutilized waterfront site? (1) ....... d. Reduction of existing or potential public access to or along coastal waters? (19, 20) ...... e. Adverse effect upon the commemial or recreational use of coastal fish resources? (9,10)... f. Siting of a facility essential to the exploration, development and production of energy resources in coastal waters or on the Outer Continental Shelf? (29) .................. g. Siting of a facility essential to the generation or transmission of energy? (27) ........... h. Mining, excavation, or dredging activities, or the placement of dredged or fill matedal in coastal waters? (15, 35) ................................................... i. Discharge of toxics, hazardous substances or other pollutants into coastal waters?(8,15,35) j. Draining of stormwater runoff or sewer overflows into coastal waters? (33) ............. k. Transport, storage, treatment, or disposal of solid wastes or hazardous materials? (36, 39). I. Adverse effect upon land or water uses within the State's small harbors? (4) ........... Will the proposed activity affect or be located in, on, or adjacent to any of the following: a. State designated freshwater or tidal wetland? (44) ................................. b. Federally designated flood and / or state designated erosion hazard area? (11, 12, 17) .... c. State designated significant fish and / or wildlife habitat?. (7) ......................... d. State designated significant scenic resource or area? (26) ........................... e. State designated important agricultural lands? (26) ................................ f. Beach, dune or barderisland? (12) ............................................. g. Major ports of Albany, Buffalo, Ogdensburg, Oswego or New York? (3) ................ h. State, country, or local park? (19, 20) ........................................... -- i. Historic resource listed on the National or State Register of Historic Places? (23) .......... -- YES N__Q X X X X X X X X X X X X X X X X X X X 3. Will the proposed activity reauire any of the following: a. Waterfront site? (2, 21, 22) ................................................. X b. Provision of new public services or infrastructure in undeveloped or sparsely populated sections of the coastal area? (5) ............................................. X c. Construction or reconstruction of a flood or erosion control structure? (13, 14, 16) ....... X d. State water quality permit or certification? (30, 38, 40) ............................ X e. State air quality permit or certification? (41, 43) ................................. X 4. Will the proposed activity occur within and / or affect an area covered by a State approved Local waterfront revitalization program? (see policies in local program document) ......... X 2 ,,1. If all of the questions in: ~ answered "NO", then the applicant or cy Submit the documentation required by Section F. shall complete Section E and If any of the questions in Section are answered "YES", then the applicant or agent is advised to consult the CMP, or where appropriate, the local waterfront revitalization program document. The proposed activity must be analyzed in more detail with respect to the applicable state or local coastal policies. In the space provided below or on a separate page (s), the applicant or agent shall: (a) identify, by their policy numbers, which coastal policies are affected by the activ ty, (b) briefly assess the effects of the activity upon the policy; and (c) state how the activity is consistent with each policy. Following the completion of this wdtten assessment, the applicant or agency shall complete Section E and submit the documentation required by Section F. CERTIFICATION The applicant or agent must certify that the proposed activity is consistent with the State's CMP or the approved local waterfront revitalization program, as appropriate. If this certification cannot be made, the proposed activity shall not be undertaken. If this certification can be made, complete this Section. "The proposed activity complies with New York State's approved Coastal Management Program, or with the applicable approved local waterfront revitalization program, and will be conducted in a manner consistent with such program." Applicant/Agent's Name: Keith B. Neilson, P.E., Docko, Inc., Aqent Address: P.O. BOX 421 Mystic, CT 06355 Telephone: Area Code (860) 572-8939 Applicant / Agent's Signature: Date: SUBMISSION REQUIREMENTS The applicant or agent shall submit the following documents to the New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, 162 Washington Avenue, Albany, NY 12231. a. Original signed form. b. Copy of the completed federal agency application. c. Other available information which would support the certification of consistency. The applicant or agent shall also submit a copy of this completed form along with his / her application to the federal agency. If there are any questions regarding the submission of this form, contact the Department of State at (518) 474-6000. SEE ATTACHED NARRATIVE '~ese state and local documents are available for inspection at the offices of many federal agencies, Department of vironmental Conservation and Department of State regional offices, and the appropriate regional and county planning encies. Local program documents are also available for inspection at the offices of the appropriate local government. :AF Revised 12/6193 3 I -- --,--., ~ C~UNT¥ OF SUFFQLI~ ~) ~ ~ 003 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 To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM Date: May 14, 2010 _ ~ Re: Proposed Wetland Permit for NICHOLAS NOYES Located: Off Private Rd. on Chocomount Cove, Fishers Island. SCTM#1000-3-2-1 Docko, Inc. on behalf of NICHOLAS NOYES requests a Wetland Permit and Coastal Erosion Permit to retain 40+/- cy. of stone shorefront protection landward of the flagged tidal wetlands, relocate 20+/-cy. of stone from the tidal wetlands and place it landward of the flagged tidal wetlands and east of the stone to be retained over an area of approx. 400 sf. and place an additional 20+/-cy. of stone over 300+/-sf. landward of the flagged tidal wetlands east of the other stone. 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 CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. 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 Office Use Only v/ Received Application: ./ Received Fee: u/ Completed Application __ Incomplete SEQ~ Classification: Type I __ Type II Unlisted Coordination: (date sent). ~ SAC Referral Sent: ~ '' _/ Date of Inspection: '~ __ Receipt of CAC Report: __ Lead Agency Determination: Technical Review: ~ Public Hearing Held: Resolution: Name of Applicant NICHOLAS NOYES Address 103 COOLIDGE ROAD, CONCORD, MA 01742 Phone Number: (978) 369-9708 Suffolk County Tax Map Number: 1000 - 003-2-1 Property Location: OFF PRIVATE ROAD ON CHOCOMOUNT COVE (provide LILCO Pole #, distance to cross streets, and location) AGENT: DOCKO, INC. (If applicable) Address: P. O. BOX 421, MYSTIC, CT 06355 Phone: (860) 572-8939 Fax: (860) 572-7569 OBoard of Trustees Applica~on GENERAL DATA Land Area (in square feet) : 1.8 ACRE Area Zoning: RESIDENTIAL Previous use of property: RESIDENTIAL Intended use of property: RESIDENTIAL Covenants and Restrictions: If "Yes", please provide copy. Yes X No Prior permits / approvals Agency Southold BoardofTmstees for site improvements: June 19, 2006 Date No prior permits / approvals for site improvements. Has any permit / approval ever been revoked or suspended by governmental agency? X No Yes a If yes, provide explanation: Project Description (use attachments if necessary) : Retain 40 +/- CY of stone shorefront protection landward of the flagged tidal wetlands, relocate 20+/- CY of stone from the tidal wetlands and place it landward of the flagged tidal wetlands and east of the stone to be retained over an area of approximately 400 SF and place an additional 20 +/- cy of stone over 300 +/- SF landward of the flagged tidal wetlands east of the other stone. WETLAND / TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: The stone to be place will provide shoreline protection for the section of the property left exposed. Area of wetlands Percent coverage of lot: 3% Closest distance between nearest edge of wetlands: 30 on lot: 3,000 +/- square feet Closest distance between nearest edge of wetlands: 30 existing structure and upland feet proposed structure and upland feet Does the project involve excavation or filling: No X Yes If yes, how much material will be excavated? yards How much material will be filled? 20+/- 20+/- cubic cubic yards Depth of which material will be removed or deposited: 3 +/- FT Proposed slope throughout the area of operations: 1:1 +/- Manner in which material will be removed or deposited: Excavation and removal of the boulders as well as placement of boulder shorefront protection will be by marine construction equipment including barge-mounted crane. Weather and tide permitting. 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): See attached narrative of Trustees ApplicaOn COASTAL EROSION A~PLICATION DATA Purposes of proposed activity: Shorefront protection modifications to minimize damage to the Noyes' private property Are wetlands present within 100 feet of the proposed activity? No X Yes Does the project involve excavation or filling? No X Yes If Yes, now much material will be excavated? 20(cubic yards) How much material will be filled? 40 (cubic yards) Manner in which material will be removed or deposited: Boulders removed from the wetlands are to be placed on the bank between the home and the wetlands fringe marsh via barge mounted crane for shorefront protection. See attached narrative. Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) See attached narrative Barton U. Kidd PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAlL RECEIPTS Address: 3838 Oaklawn Rd., Ste 725, 2 Turtle Creek Village Dallas, TX 75219 Fishers Island Devel. Corp. P.O. Box 464 Fishers Island, NY 06390 Cynthia Dwyer 532 Cantitoe Street Bedford, NY 10506 Bradley Collins & 1021 Park Avenue, Apt. 4C · Amy Fine New York, NY 10028 Fishers Island Utilities Drawer E Fishers Island, NY 06390 STATE OF CONNECTICUT COUNTY OF NEW LONDON DOCKO, INC. , residing at 14 HOLMES STREET, MYSTIC, CT , being~ du!~ sworn, deposes and says that on the ~0tit day of .~/~,.~l ~ , 20 ]0, 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 MYSTIC, CT , that said Notices were mailed to each of said persons by (certified (registered) mail. Sworn to before me this Day of ~/~ , 20 Notary ~ubl ~v~ Board of Trustees Application County of Suffolk State of New York NICHOLAS NOYES BEING DULY SWORN 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 HIS/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 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 REPRESENTATIVE(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS S i~at~ ~ DAY OF ~%~' ~_ , 20 Io Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) NICHOLAS NOYES residing on a private road on Chocomount Cove, (print owner of property) mailing address) FISHERS ISLAND, NY do hereby authorize DOCKO, INC., (Agent) Southold Board of Town Trustees MYSTIC, CT to apply for permit(s) from the on my behalf. PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR NICHOLAS NOYES 3.PROJECT LOCATION: FISHERS ISLAND, TOWN OF SOUTHOLD Municipality 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 SHORELINE MODIFICATION SUFFOLK County 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide mai) OFF EAST END ROAD (SO CALLED) SEQR 5. IS PROPOSED ACTION: [~ New [] Expansion ~'~ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Retain 40 +/- CY of stone shorefi*ont protection landward of the flagged tidal wetlands, relocate 20+/- CY of stone from the tidal wetlands and place it landward of the flagged tidal wetlands and east of the stone to be retained over an area of approximately 400 SF and place an additional 20 +1- CY of stone over 300 +/- SF landward of the flagged tidal wetlands east of the other stone. 7. AMOUNT OF LAND AFFECTED: Initially 0.2 acres Ultimately 0,2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~Yes [] No If no, descnbebdefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) r~"~Residential []industrial [~]Commercial OAgdculture [~]Park/ForastlOpenSpace r'--]Other(descnbe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) r~Yes r~No If yes, list agency name and permit I approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ]Yes r~No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? [~]Yes r~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant Signature /~pousor Name NICHOLAS NOYES Date: Iff the ac~n is a Cos~l Ama, and you am a s~te agency, complet~he Coas~l A~essment Fo~ before proceeding with this assessment PART II -. IMPACT ASSESSMENT (To be completed by i ~?_a_ Agency). A. DO~S ACTION EXrCEI~J ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the rm~ew process and use the FULL FAF. r-Iv- 171No B. WILL AC¥ioPi RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative I-Iv-rTINo C. COULD ACTION RESULT IN ANY ADvi:K~: EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answem may be handwdben, If lsglble) Cl ~ F_.Jds~ig air quality, surface or gmmdwater quality or quanti(y, dolse levels, e.~ b'affic padem, solid waste production or disposal, ~ for ert~m, dml~ge or 6oeding problem? ~ .~ bde~. C4' A c~"~'"dulYs ~";=~;'~ plans °': I~)als aa '-'--"*'~;;)' ~,~'-,P~uG, or · ,,~%oi,d~ in nse or ~;-.~-;;.-, of use ~ laed or other natural resoum? Expiain bdelly: I"° C5. Growth, ~,,~rlt developmem, or related ac6eities likely to be irWin'AcI_ by the proposed ac~k)n? r: ~v?~_~l briefly: C6. Long term. ahq~t term, cumulative, or other efi~s not ~,;;;',ud in Cl-C57 Fv?a~r, bdetiy: I.° C7..Other ~-T-;~_-:.(Incledieg c,~r,.,f,~, in nse of either quantit~ or t'~pe of e~.~8},?; T,~.~_!~ txlel~:. WILL THE PROJECT HAVE AN IMPACT ON ~-IE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED ~ ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ~CEAI ? (If ~esl explain bdefl¥: IS THERE, OR IS ~ ;~.~ LIKELy TO BE, CONTRoVERsy RELATED TO'POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If 'ires e.,F;~;,i. PART III - D~=; -' ;;~;;;ATION OF SiGHiFi~ANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, detorml~e whether it 18 substantial, large, imbedent.or othenetee significant. Each effect should be assessed in connection with its (a) seffing (i.e. Ud3an or rural); (b) prchabllity of occurring; (C) duration; (cl) irreverslbility; (e) geographlo scx)pe; and (f) magnitude. If necessary, add attachments or mferen~e auppo~ag mstehals. Ensure that explanations contain m~ffictan~ detait to show Ihat all relevant adverse impacts have been Idon~<l and adequately addressed. If question d of part Ii was checked yes, the,determination ofslgnifica one must evaluate the potential impact of tho p~: _ _,~n oft Iho envlrenmenta; ~%~o,.,:.u, ;=~c~ of the CE/~ Check this bex if Y°U hay6 "='c'~;;;~l °~e °r m°re potor~affY lsrge or significant adve~e Impag~te which MAY occuc Tben proceed dlrec6y to the FULl. FAF end/or prepare a posltive.dederation Ch~ this box ff you have detmmlnnd, based off / the Informatin~ and analys~s above snd any support~g do~umentatirm, that ~e proposed actio WILL NOT result In any s~gnli~cent adverse er~ronmentel Impacts AND provide, ~m attech~nents ss necessa~/, the reasons suppo~ng tN determInation.. Board of Trustees Name of Lead Agency ,Doherty ~ntorType Name of Reaponsib Officerin Lead A en ,. ~po n s ib/~e g cy Slgna(ure of Resp~lsibie Officer'in~d Agency President Title of Responsible Officer Signalure of Preka~ut (If differe~ from mspor'~,~b~e officer) ~ENCY ASSESSMENT 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 for 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 si..tmificant beneficial and adverse effects upon the coastal tar., (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 suooorting and non-supoorting facts_ If an action cannot be certified as consistent with the LWRP policy standards and conditions, if shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.nortlffork.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 SCTM# 1000-003-2-1 PROJECT NAME: SHORELINE MODIFICATIONS - NICHOLAS NOYES The Application has been submitted to (check appropriate response): Town Board Planning Board Building Dept. __ Board of Trustees X 1. Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to 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: X Nature and extent of action: Retain 40 +/- CY of stone shorefront protection landward of the flagged tidal wetlands, relocate 20+/- CY of stone from the tidal wetlands and place it landward of the flagged tidal wetlands and east of the stone to be retained over an area of approximately 400 SF and place an additional" 20 +/- cy of stone over 300 +/- SF landward of the flagged tidal wetlands east of the other stone. I Location of action: Site off East End Road (so called). Site acreage: Parcel = 1.8 Acre Present Land use: Residential Presem Zoning Classification: Residential 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: Nicholas Noyes b)Mailing Address: 103 Coolidge Road, Concord, MA 01742 c) Telephone number: Area Code (978) 369-9708 d) Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal Ageficy? US ACOE. NYS DEC Evaluate the project to the following policies by analyzing how the project will further support of not support the policies. Provide ali proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. X Yes __ No __ Not Applicable The Noyes home makes appropriate use of an existing residentially zoned waterfront property. The shoreline modification depicted in this application complies with environmental design factors published by the NYS DEC, and the DOS Coastal Mana~,ement Program, Southold Local Law No. 6. 2004 and the Southold LWRP. The shoreline will remain in its same configuration and will provide improved shoreline protection as well as wetlands habitat. There will be no impairment of waterflow or navigation during or after the repair and maintenance work has been completed Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section HI - Policies Page 3 through 6 for evaluation criteria. __ Yes No X Not Applicable There are no known historic or archeologicallv significant features on this site. 2 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 X Not Applicable The proposed proiect is modification of an e×i~ting shorefi.ont protection. Thc view and vista of thc harbor / cove will not be adversely or even noticeably affected by the proposed maintenance work. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section HI - Policies Pages 8 through 16 for evaluation criteria. Yes No X Not Applicable The Noyes' shoreline is located in Chocomount Cove and is acknowledged to be in a flood-prone area; and there is wave exposure at this site. This is a long-standing structure which has demouahu~ed [I.~ ability to withstand the elements including inundation waves and ice but has suffered fi.om deteriorati0" through the loss of soils fi.om the bank. The work proposed i§ required to maintain and restore structural integrity of the shoreline protection system while creating a more natural habitat. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria. Yes No X Not Applicable This project will not have any affect on suitability of or availability of drinkino water on Fishers Island The shoreline is at the bottom of the hydrologic gradient of the water table which is within the exchan,%, area between marine salt water and natural ground water. The construction rnaterial~, primarily boulders for the shorefi'ont protection, are not a threat to drinking water quality in this case, 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. X Yes No __ Not Applicable This project is necessary to maintain the structural stability, soil retention capability and scour / erosk,. protection of the site. Thus the preservation of the bank armor is desirable to maintain water quality arm fish and wildlife habitat quality and results fi.om the shoreline protection. 3 Policy 7. Protect and imp~ air quality in the Town of Policies Pages 32 through 34 for evaluation, criteria. See LWRPSection III - __ Yes No X Not Applicable There are no air quality issues related to this proiect. No emissions will be generated by the shorefront erosion protection modifications. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No X Not Applicable There is no solid waste or hazardous substances or solid waste to be generated fi.om this project 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 X Not Applicable This project is being built on private land. The public trust lands and waters constitutes the are~, between the mean hi~.h water line and mean low water line and the resources are fi:om the hio. h tide line, out. These environmental resources are being enhanced by the proposed proiect and suitable application of the standards dictated by the Town through their ordinances an laws of the NYS DEC. There is virtually no public use of the waterfront in this area and the modification of the shoreline, moving boulders above the apparent high water line, are not likely to influence or ehan~e this fao WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote citing of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. X Yes No Not Applicable This shoreline project is to broaden a portion of an existing armored shore to protect the frontage of the house. This usage is defined as water-dependent in the LWRP because it is requi~red to protect a privalc property and an existing, long-standing home. .., Policy 11. Promote sustain~ use of living marine resources in ~ Island Sound the Peconic Estuary and Town waters. See LWRP Section Ill - Policies; Pages 57 through 62 for evaluation criteria. X Yes __ No , Not Applicable This proiect is to modify the shoreline protection characteristics for a home that has existed since before existing environmental regulatory programs. The proposed stone relocation helps to maintain water quality and thus promotes sustainable use of living resources. The shoreline protection part of the proiect is needed to retain stmcturai integrity of the shoreline erosion protection features for a home which hah existed at this site for decades. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable The sloping coastal bluff landward of the armor stone is not used for or in support of any agricultural or aquaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section IH - Policies; pages 65 through 68 for evaluation criteria. Yes ~ No X Not Applicable This orooertv is not used for or in support of any energy or mineral mining or processing operations and the seawall repairs and modification of shoreline protection at the east end does not represent an energy or m/neral mining activity. Boulders removed fi.om the wetland.q will be placed along the bank below the house for shoreline protection against wave induced scour and erosinn PREPARED BY: Keith B. Neilson. P.E. TITLE~ DATE March 22, 2010 5 Oocko ! I n~, Serving the waterfront community since 1987 P.O. Box 42!, Mystic, C3'(~k3~5,~zS' ,72~89~9 Fax: (860) 572-7569, email: docko@snet.net i~. i~,; ~. ? ~_~?.; 'i April 12, 2010 Ms. Jill Doherty, Presidem :' r ~ ~ . Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 ..... Re: Noyes Family Property, Fishers Island Shorefront Protection Restoration Chocomount Cove Dear Ms. Doherty: On behalf of Nicholas Noyes, we enclose herewith the following in support of his permit application for Shorefront Protection Restorations on Fishers Island. Four prims each of plans rifled: Project: Waterway: Location: Applicant: Date: "Shorefi'om Protection Restoration" Chocomount Cove Fishers Island, Town of Southold Suffolk County, New York Nicholas B. Noyes November 25, 2009 Four copies of the Southold Board of Trustees permit application, SEQR-Part 1, LWRP Consistency Assessment Form, Tax Assessor's Map, Environmental Questionnaire, site photographs, narrative and location map and Check in the amount of $250.00 payable to the Town of Southold. One copy of each of the other applications to regulatory agencies. I trust that you will find this application package complete and acceptable; please let me know iftbe need for further information arises. Very truly yours, KBN:hv Enclosures CC: Mr. Nicholas Noyes US ACOE NYS DEC: Environmental Permits NYS DOS File: 09-08-2146 NOYES 121~OJ~O-"E· ; N/F :;t::; o¢ KIDD LOCATION I'dAI;m ~-.,~-~ci I~=~ I N~: 1. ~L ~A~ON DA~M I~ ~ ~. ~ ~D~ OATA I~ T~N ~M ~O No~ T~ ~NCE: ~ ~C ~ - N~ ~NOON ~ ~F TO ~E B~E OF ~ ~N~ ~TONE ~. ~E 3~ OF N~ ~TONE :,,. -,. t, P,E'Vl~ED ~-7-10 T.O.~. DE~C,I~II~ION ~ROJECT: ",,VF-~T: EA.~T: DE'v'EL.O~MENT C, OI2J~. 5-~2 GANrf%o¢: ~T BOX ~ B~DFORD, NY 1050¢ ~HOt2.~Ft243NT 12t~OTECTION 124~TOI2-A TIOIN LOCA~ON: TOWN ¢¢ 50UT~OLD ~UPT-OL~ COUNT'fi, NB'W YORK ~VA~VAY: FI~HEP..~ I~I..~ND ~OUND ~ DAT~: N~MBER ~, ~O~ ~C~T: NI~HO~ N~ OOCKO, INC. NySe, ~ ~355 572 ~ F~ ~ 572 75~ ~ 0~ E~ doc~n~.~ AODF~ONAL BOULDEF~ A~ N~GE.~k~Y t F. EL=135 ~ ~TONE [DP4V~ ;::~JECT: LOCA'RON: TO'vVN ~UFFOL.~ COUNTY, NE'vV YOR~ ~VATE~/AY: FI~H F-J:L~ I~LAND NOMEMBE.~ 2.~, 2.009 ~F~JCAKT: NICHOLA~ NOYE~ ,~ENT: ~HEET 2 OF 4 E~OCI~O, INC. 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