The URL can be used to link to this page

Home My WebLink AboutTR-7576 Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION oF THE PERMIT. INSPECTION SCHEDULE __ Pre-construction, hay bale line __ 1st day of construction ~ constructed V/" Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7576 DATE: JUNE 22~ 2011 ISSUED TO: CATHERINE MAl~NGAS PROPERTY ADDRESS: 1685 WESTVIEW DR.~ MATTITUCK SCTM#107-7-8 AUTHORIZATION Pursuant to the provisions 0f Chaptar 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 June 22,2011 in consideration of application fee in the sum of $250.00 paid by Catherine Maraneas and subjecl the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and the following: Wetland Permit to remove and replace (in-place) 73 If. of bulkhead with navy style and vinyl bulkhead and 6 If. of bulkhead retUrn, with tl~e condition a 10' non-tUrf buffer is installed along the landward side of the bulkhead, and a silt boom is installed to retain aH suspended sediments within the immediate project area, and all as depicted on the site plan prepared by Outer Beach Marine, Inc. last dated June 24, 2011. 1N WITNESS WHEREOF, the said Board of Truste~ hareby causes its Corporate S~al to be affixed, and these presents to be subscribed by a m~ajority of the said Board as of this date. TERMS AND CONDITIONS The Permittee, Catherine Marangas, residing at 1685 Westview Dr., Mattituck, NY, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and ail 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 thc 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 Southotd. That the said ~0ard Will be nbtified by the Permittee of the comph~tion of the v~ork authOrized. That the Permittee will obtain all other permits and consents that may he req~ supplemental to this permit, Which may be subject to revoke upon failure to Obtain same. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen 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 June 22,2011 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Mr. Jed Meade Outer Beach Marine, Inc. 4226 Oak Beach Oak Beach, NY 11702 RE: CATHERINE MARANGAS 1685 WESTVIEW DR., MATTITUCK SCTM#107-7.8 Dear Mr. Meade: The Board of Town Trustees took the following action during its regular meeting held on Wed., June 22, 2011 regarding the above matter: WHEREAS, Outer Beach Marine, Inc. on behalf of CATHERINE MARANGAS applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated May 19, 2011, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Headng was held by the Town Trustees with respect to said application on June 22, 2011, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 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 application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees APPROVES the application of CATHERINE MARANGAS to remove and replace (in-place) 73 If. of bulkhead with navy style and vinyl bulkhead and 6 If. of bulkhead return, with the condition a 10' non-turf buffer is installed along the landward side of the bulkhead, and a silt boom is installed to retain all suspended sediments within the immediate project area, and all as depicted on the site plan prepared by Outer Beach Marine, Inc. last dated June 24, 2011. 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~. Doherty, Presid~qt Board of Trustees · JMD/Ims lVl,4t"?-t*'ruc!¢ ~ ./,J/6a~- } ~9 Tax lot 7¢ Z BOHN & BONACCI. P. CJ ..v,~,o~; ]!~i_o~,,~,~I I Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631 ) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., June 15, 2011, the following recommendation was made: Moved by Jack McGreevy, seconded by Meaghan Burke, it was RESOLVED to SUPPORT the Wetland Permit application of CATHERINE MARANGAS to remove and replace (in-place) 73 If. of bulkhead with navy style and vinyl bulkhead and 6 If. of bulkhead return. Located: 1685 Westview Dr., Mattituck. SCTM#107-7-8 Inspected by: Jack McGreevy The CAC Supports the application with the Condition the phragmites are removed from behind the bulkhead and the installation of a 20' non-turf buffer landward of the bulkhead. Vote of Council: Ayes: All Motion Carried Jill M Doherry. President Bob Ghosio. Jr., Vice-President James F. King John Bredemeyer PO. Box 1179 Southo[d. NY 11971 Telephone(631 765-1892 Fax(631)765-664[ Southold Town Board of Trustees Field Inspection/VVorksession Report Date/Time: ~;/¢;L/ //f ,/~ CATHERINE MARANGAS requests a Wetland Permit to remove and replace (in-place) 73 If. of bulkhead with navy style and vinyl bulkhead and 6 If. of bulkhead return. Located: 1685 Westview Dr., Mattituck. SCTM#107-7-8 Type of area to be impacted: ~S'altwater Wetland Freshwater Wetland Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Sound O Type of Application: ~"~/etland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __.Violation Info needed: Modifications: / Present Were: J. Doherty B. Ghosio ~l':/King J. Bredemeyer___ D. Dzenkowski --other Form filled out in the field by Mailed/Faxed to: Date: D. Bergen, ~ 4alang,:ls Proper/5 t685 Westview Dr., Mattituck. NY 1 i952 otos taken 11/6/10 View lookh'~g ~orth along b~ikhcad View lookh'~g sol, th along bulkhead ~ddil'ior~at p?x)tos taken 1 i '97 ~='~')I 0 fi'om above of ~,' , am e buJkl~e~t(t retmn Additiona! photos tak.m t t '27"20 ~ 0 Vie,a leokin~ north fi'om ramp at fi~ce of bulkNead ~;Sew !ookit~g south fi'om beaci: at faceof bt~lkhcad ...... 685 Wcstviow Dr~vc~ Mattituck, N5 i 1952 Additiomd photos taken l,, ~,,,~,,,~,,;s~"on~ ~ View at MLW (l bulkhead ~ace, ' ~ , -, including vYhCrc it will meet adiacent, sotlt]~ p~< pert,,'> '~ .' l. alccl>' "~ (Michael ( onfusiol~e}' ' under ramp. View of' fiice of adiacent, p~{- ~P¢~U' ' ~ owr~er (Michael N.ew York State Depar~ent of Environmental Cons~ation Div!sion of Environmenta~rmits, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 · Fax: (631) 444-0360 Website: www.dec,ny4qov December 16, 2010 Catherine Marangas 1685 Westview Drive Mattituck, NY 11952 Re: Pe mit #1 4738 04006/00001 Marangas Property: Replace Bulkhead 1685 Westview Drive, Mattituck Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Kevin Kispert Environmental Analyst II cc: Habitat - TW Outer Beach Marine File 4yearof stewardship 1970-2010 STATE DEP~IENT OF ENVIRONMENTAL CONSE NEW YORK Facility DEC ID 1-473S-040t~0~'' PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: CATHERINE MARANGAS 1685 WESTVIEW DR MATTITUCK, NY 11952 Facility: MARANGAS PROPERTY 1685 WESTVIEW DRISCTM# 1000- ! 07-7-8 MATTITUCK, NY Facility Application Contact: OUTER BEACH MARINE INC 4226 OAK BEACH BABYLON, NY 11702-4608 (631) 422-0161 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 706.638 NYTM-N: 4541.64 Latitude: 41°59'59.2'' Longitude: 73032'35.2'' Authorized Activity: Replace approximately 73 linear feet of existing bu/head and replace the 6 foot return. All authorized activities shall be done in strict conformance with the attached plans prepared by Outer Beach Marine Inc., revised 12/10/10, and stamped "NYSDEC Approved" on 12/15/10. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-04006/00001 New Permit Effective Date: 12/16/2010 Expiration Date: 12/16/2015 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-04006/00002 New Permit Effective Date: 12/16/2010 Expiration Date: 12/16/2015 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID. 1-4738-04006/00003 New Permit Effective Date: 12/16/2010 Expiration Date: 12/16/2015 Page 1 of 7 N~W. YORK STATE DEP~viENT OF ENVIRONMENTAL CON,~ Facility DEC ID 1-473S-04001~ NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS /~ SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: Distribution List Date/~/~../~//~ OUTER BEACH MARINE INC Habitat - TW Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Permit Attachments Site Plan 12/10/2010 NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following I Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS t. Regulated Activities Authorized By This Permit This permit ONLY authorizes those regulated activities / structures identified under the section titled "SAP Authorized Activity". The Department does not issue after-the-fact or as-built permits. This permit does not authorize activities, or legitimize the existence &structures, which would have required a permit but for which no permit or other Page 2 of 7 N~W YORK STATE DEP~iENT OF ENVIRONMENTAL CONSEII Facility DEC ID 1-4738-0400b'- authorization has been granted by the Department. 2. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Outer Beach Marine Inc., revised 12/10/10, and stamped "NYSDEC Approved" on 12/15/10. 3. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 4. Excavation for Bulkhead/Structure Prior to any construction or removal of bulkheads and other shoreline stabilization structures all backfill shall be excavated landward of the structure and retained so as not to enter the waterway, tidal wetland or protected buffer area. s. Replacement Bulkhead Maximum Height The top elevation of the replacement bulkhead shall be no more than 18 inches higher than the existing bulkhead. 6. No Seaward Extension of Bulkhead The new bulkhead shall be constructed in place of the existing bulkhead with no seaward extension of the outermost bulkhead face. 7. Jet-in Bulkhead Bulkheads constructed directly adjacent to vegetated tidal wetlands shall be hand driven or jetted in with no disturbance to the tidal wetland. Trenching is strictly prohibited. 8. Backfilling The installation of the approved replacement bu~chead shall be completed prior to the placement of any fill material behind the structure. 9. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 10. No Beach Excavation For Fill No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 11. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 12. No RunoffOver or Through Bulkhead or into Wetland Upon completion of the bulkhead replacement authorized herein, there shall be no discharge of runoff or other effluent over or through the structure or into any tidal wetland or protected buffer area. 13. Use of Treated Wood The use of wood treated with creosote, pentachlorophenol or other wood treatment not specifically approved by the department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters. 14. No Structures on Reconstructed Bulkhead or Pilings No structures, other than structures specifically authorized by this permit, shall be constructed on the reconstructed bulkhead or pilings without further authorization from the Department (new permit, modified permit). Page 3 of 7 Ni~W. YORK STATE DEPA~IENT OF ENVIRONMENTAL CONSERV~)N~ n~ Facility DEC ID 1-4738-04006- 15. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined to the upland area landward of the bulkhead or on a barge. 16. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 17. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 18. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 19. Temporary Mulch, Final Seeding If seeding is impracticable due to the time of year, a temporary mulch shall be applied and final seeding shall be performed at the earliest opportunity when weather conditions favor germination and growth but not more than six months after project completion. 20. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 21. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 22. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Depa~ tmcnt to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 23. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Page 4 of 7 N~W, YORK STATE DEP.S~IENT OF ENVIRONMENTAL CONS Facility DEC ID 1-4738-0400~-- 24. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS t. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303,306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. GENERAL CONDITIONS - Apply to ALL Authorized Permits: ] 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY11790 -3409 Page 5 of 7 NEW YORK STATE DEP~IENT OF ENVIRONMENTAL CONSE Facility DEC ID 1-4738-04003' 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Excavation & Fill in Navigable Waters, Tidal Wetlands, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Depa~ment of Environmental Conservation of the State of New York, its representatives, employees, and'agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil fights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit Thc permittec is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall bc subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Page 6 of 7 NEW YORK STATE DEP~VlENT OF ENVIRONMENTAL CONSEROON Facility DEC ID 1-4738-04006 Item C: Permittee Responsible for Obtaining Other Required Permits The pcrmittcc is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out thc activities that arc anthorizcd by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit-does not convey to the permittcc any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 7 of 7 APPROVED AS PER TERMS AND CONDITIONS OF PERMIT NO. DATE 12 [1~//0 " ..~ r~ 0 ~ /4) DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 December 16, 2010 RUTH NOEMI COLON ACTING SECRETARY OF STATE Mr. Jed Meade Outer Beach Marine, Inc. 4226 Oak Beach Oak Beach, New York 11702 Re; F-2010-1074 U.S. Army Corps of Engineers/New York District Permit Application - Catherine & Theodore Marangas Remove/replace as navy, vinyl, 73LF of bulkhead, 6 LF of retum. Mattituck Creek, Town of Southold, Suffolk County General Concurrence Dear Mr. Meade: The Department of State received your Federal Consistency Assessment Form and consistency certification and supporting information for this proposal on November 18, 2010. The Department of State has determined that this proposal meets the Department's general consistency concurrence criteria. Therefore, further review of the proposed activity by the Department of State, and the Department's concurrence with an individual consistency certification for the proposed activity, are not required. This General Concurrence 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 statutes. When communicating with us regarding this matter, please contact us at (518) 474-6000 and refer to our file #F-2010-1074. Sincerely, Supervisor, Consistency Review Unit Office of Coastal, Local Government and Community Sustainability JZ/dc CC~ COE/New York District - Stacey Jensen NYSDEC Region 1 - Roger Evans W~N,DOS,STATE,NY,US E-MAiL: INFO.DOS.STATE.NY.US REPLY TO A~f ENTION OF: DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVlTS FEDERAL BUILDING NEW YORK, N.Y. 10278q)090 OEC - 9 2010 Regulatory Branch-Eastern Permits Section SUBJECT: Permit Application Number NA_N-2010-01342 by Marangas, Catherine and Theodore' Mr. and Mrs. Marangas 1685 Westview Drive Mattituck, NY 11952 Dear Mr. and Mrs. Marangas: On November 17, 2010, the New York District U.S. Army Corps of Engineers received a request for Department of the Army authorization to replace-in-place existing bulkhead. The work will involve the replacement of 73 linear feet of existing bulkhead with vinyl bulkhead. The site is located in Mattituck Creek at Mattituck, Town of Southold, Suffolk County, New York. Based on the information submitted to this office, and accomplishment of notification in accordance with the applicable federal requirements, our review of the project indicates that an individual permit is not required. It appears that the activities within the jurisdiction of this office could be accomplished under Department of the Army Nationwide General Permit Number 3. The nationwide permits are prescribed as an Issuance of Nationwide Permits in the Federal Register dated March 12, 2007 (FR Vol. 72, No. 47). The work may be performed without further authorization from this office provided the activity complies with the permit conditions listed in Section B, No. 3, Section C, any applicable New York District regional condition~, and any applicable regional conditions added by the State of New York, copies enclosed. Special Conditions 1) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions~ thereby, without }to the United States. No claim shall be made against the United States on account of any such removal or alteration. This determination covers only the work described in the submitted material. Any major changes in the project may require additional authorizations from the New York District. Care should be taken so that construction materials, including debris, do not enter any waterway to become drift or pollution hazards. You are to contact the appropriate state and local government officials to ensure that the subject work is performed in compliance with their requirements. Please note that this nationwide permit (N-WP) verification is based on a preliminary jurisdictional determination (JD). A preliminary JD is not appealable. If you wish, prior to commencement of the authorized work you may request an approved JD, which may be appealed, by contacting the New York District, U.S. Army Corps of Engineers for further instruction. To assist you in this decision and address any questions you may have on the differences between preliminary and approved jurisdictional determinations, please review U.S. Army Corps of Engineers Regulatory Guidance Letter No. 08-02, which can be found at: http://www.usace.army.mil/CECW/Documents/cecwo/reg/rgls/rglOS-O2.pdf This verification is valid for a period of two years from the date of this letter, unless the nationwide permit is modified, reissued, or revoked. This verification will remain valid for two years from the date of this letter if the activity complies with the terms of any subsequent modifications of the nationwide permit authorization. If the nationwide permits are suspended, revoked, or modified in such a way that the activity would no longer comply with the terms and conditions of a nationwide permit, and the proposed activity has commenced, or is under contract to commence, the permittee shall have 12 months from the date of such action to complete the activity. All of the existing NWPs are scheduled to be modified, reissued, or revoked March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. This authorization is conditional on the applicant's receipt of the required coastal zone management concurrence or waiver from the New York State Department of State (N-YSDOS). No work may be accomplished until the required approval from NYSDOS has been obtained. Within 30 days of the completion of the activity authorized by this permit and any mitigation required by this permit, you are to sign and submit the attached compliance certification form to this office. In order for us to better serve you, please complete our Customer Service Survey located at: http://www.nan.usace.army.mil/business/buslinks/regulat/inde×.php?s urvey. If any questions should arise concerning this matter, please contact Jun Yan, of my staff, at (917) 790-8092. Sincerely, Stacey i~. Jensen Chief, Eastern Permits Section Enclosures Cc: Outer Beach Marine, Attn: Jed Meade 4226 Oak Beach Oakbeach, NY 11702 NOTIFICATION O~I~'ADMINISTRATIVE APPEAL OPT~S AND PROCESS AND REQUEST FOR APPEAL Applicant: Catherine & Theodore Marangas ] File Number: NAN-2010-01342 Date: Attached is: See Section Below INITIAL PROFFERED PERMIT (Standard Permit or Letter of Pen-nission) A PROFFERED PERMIT (Standard Penmit or Letter of Permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X PRELIMiNARY JURISDICTIONAL DETERMiNATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://usace.army.mil/inet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the pen'nit. · ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the New York District Engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the pen'nit in its entirety, and waive all r/ghts to appeal the permit, including/ts terms and conditions, and approved jurisdictional determinations (JD) associated with the permit. · OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the New York District Engineer. Your objections must be received by the New York District Engineer within 60 days of the date of this notice, or you will forfeit your fight to appeal the permit in the future. Upon receipt of your letter, the New York District Engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously wri'aen. Afirer evaluating your objections, the New York District Engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit. · ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the New York District Engineer for final authofization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance &the LOP means that you accept the permit in its entirety, and waive all fights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. · APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under thc Corps of Engineers Administrative Appeal Process by completing Section I1 of this form and sending the form to the North Atlantic Division Engineer, ATTN: CENAD-ET-O, Fort Hamilton Military Community, Building 301, General Lee Avenue, Brooklyn, NY 11252-6700. This form must be received by the Division Engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial ora permit under the Corps of Engineers Administrative Appeal Process by completing Section 1I of this form and sending the form to the North Atlantic Division Engineer, AT'IN: CENAD-ET-O, Fort Hamilton Military Community, Building 301, General Lee Avenue, Brooklyn, NY 11252-6700. This form must be received by the Diwsion Engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMiNATION: You may accept or appeal the approved JD or provide new information. · ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of'this notice, means that you acccpt the appro,,ed JD in its entirety, and wai,,e all rights to appeal the approved JD. · APPEA L: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the North Atlantic Division Engineer within 60 days of the date of this notice with a copy ft~mished to the New York District Engineer. E: PRELIMINARY JURISDICTIONA'~L~ETERaMINATION: You do not need to respond~l~e Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERxMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered pen'nit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to 91arify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you If you only have questions regarding the appeal process may contact: you may also contact: Richard L. Tomer Michael G. Vissichelli, Administrative Appeals Review U.S. Army Corps of Engineers, New York District Officer Jacob K. Javits Federal Building North Atlantic Division, U.S. Army Engineer Division New York, NY 10278-0090 Fort Hamilton Military Community (917) 790-8510 General Lee Avenue, Building 301 Brooklyn, NY 11252-6700 (718) 765-7163 E-mail: MichaeI.G.Vissichclli(ri usacc.arm v.mil RIGHT OF ENTRY: Your signature below grants the right of enlry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Si~ature of appellant or agent. ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (Jr): December 7, 2010 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY Jr: Mr. and Mrs. Marangas 1685 Westview Drive Mattituck, NY 11952 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CENAN-OP-RE/Marangas, Catherine & Theodore/NAN-2010-01342 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State:New York County/parish/borough: Suffolk County City: Southold Center coordinates of site (lat/Iong in degree decimal format): Lat. 40.99977°N, Long. -72.54318°W. Name of nearest waterbody: Mattituck Creek Identify (estimate) amount of waters in the review area: Non-wetland waters: 73 linear feet Cowardin Class: Estuarine Stream Flow: Wetlands: acres. Cowardin Class: width (ft) and/or acres. Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Mattituck Creek Non-Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): [] Office (Desk) Determination. Date: December 7, 2010 [] Field Determination. Date(s): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit appTicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that alt wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be"waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): shCans, plots or plat submitted by or on behalf of the onsultant: P-JR (IP) as Navy Vinyl, 73 LF of Bulkhead - 11/10/2010 eets prepared/submitted by or on behalf of the applicant/consultant. [] Office concurs with data sheets/delineation report. [] Office does not concur with data sheets/delineation report. [] Data sheets prepared by the Corps: [] Corps navigable waters' study: [] U.S. Geological Survey Hydrologic Atlas: [] USGS NHD data. [] USGS 8 and 12 digit HUC maps. [] U.S. Geological Survey map(s). Cite scale & quad name: [] USDA Natural Resources Conservation Service Soil Survey. Citation: [] National wetlands inventory map(s). Cite name: [] State/Local wetland inventory map(s): [] FEMA/FIRM maps: [] 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) [] Photographs: [] Aerial (Name & Date): or [] Other (Name & Date):Marangas Property 11/6/2010 [] Previous determination(s). File no. and date of response letter: [] Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signatu're and d~te~of /,, /. / Regulatory Pro. j¢ct Manager (REQUIRED) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) w£$r ¥/£ w ,,e. II °17 'ZO "~. 7~.00 ~ td o IV. 75. O0 7G+_ Aftf FYI 7-U ,0~0 R£1z. REPLY TO ATTENTION OF: C ENAN - O P - RE DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 NATIONWIDE PERMIT COMPLIANCE CERTIFICATION A~rD REPORT FORM Permittee: Catherine & Theodore Marangas 9 2010 Date Permit Issued: Permit No. NAN-2010-01342-EYA Location: Mattituck, Town of Southold, Suffolk County, New York Within 30 days of the completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the address at the bottom of this form. Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or FAX to (212) 264-4260. Place Stamp Here Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building ATTN: CENAN-0P-RE New York, New York 10278 0090 -N er ach Marine, Inc. 4226 Oak Beach Oak Beach, N.Y. 11702 (631) 422-0161 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: June 21,2011 Re: Proposed Wetland Permit for CATHERINE MARANGAS SCTM#1000-107-7-8 Outer Beach Marine, Inc. on behalf of CATHERINE MARANGAS requests a Wetland Permit to remove and replace (in-place) 73 If. of bulkhead with navy style and vinyl bulkhead and 6 If. of bulkhead return. Located: 1685 Westview Dr., Mattituck. SCTM#107-7-8 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 provided that the Board considers the following best management practice to reduce water quality impacts. § 275-11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain ail suspended sediments within the immediate proiect area. 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 Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only C~oastal Erosion Permit Application ~/Wetland Permit Application Administrative Permit AmendmenffTrans fer/Extension ~ Rece~vved Application:~ ~[ Received Fee:$~_ _t~ ~ ~ ,. ~Completed Application Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent). ~"LWRP Consistency Assessment Form ~,~.C~AC Referral Sent: b _~Date of Inspection: [a __Receipt of CAC Repo-rt: __Lead Agency Determination: Technical Review: ~__Public Hearing Held: Resolution: Name of Applicant Address Pho. Suffolk County Tax Map Number: Prope~y Location: (provide LILCO Pole #, distance to cross streets, and location) AGENT: T~ (If applicable) Address: ~. ~./~o of Trustees Appllcati~ Land Area (in square feet): Area Zoning: P .~ Previous use of property: Intended use of property: GENERAL DATA Covenants and Restrictions: Yes ~,, No If "Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals __ If"Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Yes No __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? ~,, No Yes If yes, provide explanation: Project Description (use attachments if necessary): of Trustees Applicati~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: l~'"~ square feet Percent coverage of lot: [! % Closest distance between nearest existing structure and upland edge of wetlands: 6) feet Closest distance between nearest proposed structure and upland edge of wetlands: C} feet Does the project involve excavation or filling? ~ No Yes If yes, how much material will be excavated? C) cubic yards How much material will be filled? C~ cubic yards Depth of which material will be removed or deposited: O feet Proposed slope throughout the area of operations: C~ Manner in which material will be removed or deposited: ~/~-- 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): of Trustees Applicati¢ COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 1 O0 feet of the proposed activit~ No 'f..~.. Yes Does the project involve excavation or filling? ~-..._ No Yes If Yes, how much material will be excavated? How much material will be filled? 0~ Manner in which material will be removed or deposited: _(cubic yards) .(cubic yards) Describe the nature and extent of the environmental impacts to the subject property or neighboring properties reasonably anticipated resulting from implementation of the project as proposed, including erosion increase or adverse effects on natural protective features. (Use attachments if necessary) PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR 3.PROJECT LOCATION: 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~ ~I~'I~I~NAME County 6 dt 'd 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide mad SEQR 5.,S PROPOSED ACTION: [~New r--IExpansion [~MpeificatJon/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initialiy ~ O'-ir ~ acres Ultimately · (~J/' J acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? I'~es [] NO If no, describe bdefly: HAT IS PRESENT LAND USE IN VICiNiTY OF PROJECT? (Choose as many as apply.) .....DAgriculture i~lPark/Forest/OpenSpace [--'1Other (describe) I~ON INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOYERNMENTAL AGENCY (Federal Stateor Local) I~_~s I~1 No If yes, Iista agency name and permit / approval: ,. /q',t..C'Di~, - ~c. P-Z. eio- to7~/ 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r~Y~es []No If yes, list agency name and permit/ approval: 12. ~S A.,~j~ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/ Spon~"~NaLne ~ ~" O'~1~ ~l~'~'~iJ~ tM['. Date:,, i Id)~1 Signature ~ ~ ~~ ~ [ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [~Yes r~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. [] Yes [] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answem may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighbo[hood character? Explain bdefly: C3. Vegetation or fa'ur~ fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a chan~e in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefiy: I C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: D~ WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? (If ;/es, explain briefl~': ~]Yes []No E. IS THERE, OR IS THERE LIKELY TO BEI CONTROVERSY RELATED TO []Yes [~No POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If )'es explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadverseeffectidenti~edab~ve~determinewhetheritissubstantiai~~arge~imp~rtant~r~therwisesignificant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irrevemibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all ralevant adverse impacts have been identified and adeduately addrassed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this POX if you have idenfifled one or mom potentially large or signiticont adverse impacts which MAY occur. Then proceed directly to ~e FULl EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actior WILL NOT result in any signiflcont adverse environmental impacts AND provide, on attachments as necessary, the masons supporting thi= determination. Board of Trustees Name of Lead Agency Date Jill M. Doherty President Pdnt or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Jill M Dohcrty, President Bob Ghosio. Jr. , Vicc4h'csidcnt JalllCS F. King Dave Bergen John Brcdcmcycr Town Hall. 53095 Main Rd. P.O. Box 1t79 Soulhold, NY 11971 '1 cfephone (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 CATHERINE MARANGAS COUNTY OF SUFFOLK) STATE OF NEW YORK) AFF1DAVIT~OF POSTING~ t~ ~Is.F_~ / 0ff¥1[~ l~'l~t"', l,J t ~ t I ?~ 'L , residing at/dba ~ ~ff~q~.d~ /.a~0'~4MIf.--/gl~' , being duly sworn, depose and say: That o]! th_.c74~ day of. ,"J~t~j~ ff...__ ,201I, I personally posted theproperty known as by placing the Board of Trustees offidal poster where ii can easily be seen, and that 1 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~ June 22~ 2011 on or about 6:00 PM. Sworn to before me this (s'~at-ure~ '' / - - [~ day of~,'-~,ff. 201 I AARONJ. STEIN No?apt Public, State of New Yod~ No. 52~4669004, Suffolk CouftlL Term Expires August 31, 20 ~, i~otary Public(--~ r ach Marine, Inc. fl ~ lOTto- iv 7- 7 -/~ --- L/SO 4226 Oak Beach Oak Beach, N.Y. 11702 (631) 422-0161 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Oelivan/is desired. · Print your name and address on the reveme so that we can tatum the ca~l to you. · Attach this card to the back of the mailpl~ce, or on the ..f~nt if space permits. 1. Article Ad~d to: L.Z.-/ (&~c~a~-~- [] Agent [3 Adarebsee Printed Name~) ~ isdelk~tyaddrossdEfemntfmmltem 17 FI No If YES, enter dollvo~y ,ddro~ b~low: ~l~.. Mail F'l Express Mail ~ [] Regl~KI [] Return Receipt for Memhandlse [ [] Insured Ma~l [] C.O.D. [_4. Restflcted D~lve~? (Extra Fee) [] Yes 2, ArtioleNumb~ 7009 1410 000[3 6734 5250 PS For~ 3~11, Feb~ 200~ 0o~= ~ h Manne, Inc. I authorize Outer Beach Marine Inc. to apply for permits on my behalf. 4226 Oak Beach Oak Beach, N.Y. 11702 (631) 422.0161 ard of Trustees Applicatl County of Suffolk State of New York PA ~I~_ .~ Vt'~/7~ BEINGDULY SWORN 'DE~P~ES AND AFFIRMS THAT(~/SHE IS THE APPLICANT FOR THE ABOVE 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 THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS Notary Public of Trustees Applicati¢ AUTHORIZATION (where the applicant is not the owner) I, ~ bt, Ih.~ residing at_ [~8~' h/~ (print owner of property) (mailing address) do hereby authorize ~ (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. ~'~vher's signature) t ~) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: STATE OF NEW YORK CO~T¥ OF SUFFOLK ~ , residing at, t~Z~ ~ ~ ~,~ mC ~ , being duly sworn, deposes ~d says ~at on the ~ dayof ~3G~ ,20/I ,deponentmail~amempyof~eNotice set fo~.in the Bo~d of Tmste~ Application, ~ted to e~h of~e abo~e rimed persons at the ad&esses set opposite ~ere resp~five ~es; ~t ~e ad~esses set opposite ~e nines of s~d pe~o~ ~e ~e ad~s of s~d p~m ~ shem on ~e c~ent ~se~sment roll of ~e Tom of Sou~old; ~ Office at ~~ ,~at (ceflifi~) (registerS) mail. Sworn to before me this {o 7~~r'- Day of J0,~ ,20 [[ Public L Post -- fostmark Return R~eipt Fee (Endorsement R~uir~) ~2.~ /' Hem Restricted Detim~ Fee ' {Endorse~nt Required) $5.~ .................................. 1 .......... 1 ............... 1 ~' ~ ~D/&-~ i3,'~tk; ~- ............................................... ~ ............... ........... APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of ~inuthold's Code of Ethics nmhibits conflicts of interest on the hast of town officers and emolovees. The oumose of this form is to vrovide information which can alert the town of nossible conflicts of interest and allow it to take whatever action is necessary to avoid same. vou NAu : t4. (Last name, first name, ~aiddle initial, unless you are applyin~ in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooting Exemption from plat or official map Planning Other (lf"Othef', name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Soothold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title Or position of that person Describe the relationship between yourself (the applicanffagent/representative) and the town officer or employee. Either check the appmpriate line A) thmugh D) and/or describe in the space proxqded. Thc town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): ___A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporste entity (when the applicant is not a corporation); C) an officer, director, pastnei', or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted tiffs I~- day of ~ 2011L Si .atu, Print Name~M~,' ~0. ~l~t.a~q'~.~.~ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* includ'mg Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Sonthold 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, listind both supporting and non- suooortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION scm# lad - PROJECT NAME The Application has been submitted to (check appropriate response): To nBoard [] Plann gBoa a[ u,d gDcpt. [] oaedo, T .,te Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land ~'ansaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: If ~ applimfion for ~e proposed ~fion ~ ~en filed ~ ~e To~ of Sou~old agency, ~e follo~g i~omation sh~l be provided: (a) N~e ofapplic~t: ~~ (b) M~l~gaddress: 1~ ~ (c) Telephone number: Area Code (d) Application number, if any:. Will the action be directly undertaken, require funding, ~r..,~rov~y a state or federal agency? Yes [~No [. -~ If yes, which state or federal agency? gJ ~,~]D C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes [] No ~qNot Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No ~"Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LwRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes Nol ot Applicahle Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes ~ No ~t Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [-] Yes [~ No4~- Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [--] No ~xNNot Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [~ ye~-~ No~NotApplicable Attach additional sheets if necessary woRKING COAST POLICI~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [-~ Yes [] No'Not Applicable Attach additional sheets if necessa~ Policy 11. Promote sustainable use of living marine resources in Long Island ,Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes [] No ~ot Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes [] No~,Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Politic; Pages 65 through 68 for evaluation criteria. ~ Yes [] Not-/-l~ot Applicable PREPARED BY TITLE