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HomeMy WebLinkAbout1000-56.-4-3.4, 4 & 6.1 O~'~'ICE 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: March 23, 2011 Re: Proposed Wetland Permit for PORT OF EGYPT, INC SCTM#1000-56-6-3.4,4&6.1 The water-dependent and water-enhanced uses in Reach 6 are concentrated primarily around Mill Creek and Budds Pond. Reach 6 (as a whole) contains the highest concentration of marina-related uses in the Town of Southold. The water-dependent uses include madnas, boat-launching ramps, and beach access at public road ends. (LWRP 2004). Suffolk Environmental Consulting, Inc. on behalf of PORT OF EGYPT, INC. requests a Wetland Permit to maintenance dredge (10-year maintenance) various underwater areas within the marina, to a navigable depth of -6.0'+/- (at Iow tide). Approx. 4,500 cy. of dredge spoil is anticipated to result from the proposed maintenance dredge, to be transferred to onshore trucks and deposited within an approved upland location; excavate a triangular-shaped area of asphalt and gravel along the marina shoreline (along west side of the boat basin within Lot 6.1) measuring 1,550 sf. in area, inclusive of existing fill below to a depth of elevation 1.0'+/-. Approx. 275 cy. of resultant fill will be removed from this area and transported to an approved-for upland location; existing bulkhead measuring 80' in length along the southwestern side of the area will be removed and replaced with a proposed Iow-sill bulkhead in-place (top elevation @ 1'+/-); a proposed retaining wall measuring 55' is to be installed to the northwestern side of the proposed wetlands area, to separate this area from the parking area; a proposed ramp extension 4'X 20' will be installed to connect the existing ramp to the parking area; the resultant area will be graded and prepped for planting of Saltmarsh Cordgrass 9" on center; extend and/or replace the existing floating docks (finger docks) measuring 3'X 20' with new floating docks to measure 4'X 30'; approx. 149 floating docks within the marina will be extended seaward; proposed pilings are to be installed at the seaward end of each floating dock; additionally, where requested, floating docks are to be moveable/removable when needed in order to accommodate different sized vessels. Located: 62300 Main Rd., Southold. SCTM#56-6-3.4,4&6.1 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 the following best management practice is required pursuant to: 10.3 Allow for continuation and development of water-dependent uses within the existing concentration of maritime activity in harbors, inlets and creeks. In addition to Mattituck Inlet and Creek and the Village of Greenport, important concentrations of water-dependent uses are located at Orient Point, Orient hamlet, Gull Pond, Mill Creek/Budds Pond, Town/Jockey Creek, New Suffolk, James Creek and West Harbor. Individual marinas and other water-dependent uses are located outside of the concentrations of maritime activity. Ensure that public actions enable these harbors, inlets and creeks to continue to function as concentrations of water-dependent uses. It is unclear which floating docks wi. II be extended seaward. It is recommended that the Board clarify which docks will be extended and assess the navi.qability between the end of the floatin.q docks and opposite floatin.q docks and the barrier island located south of the marina facilities (see fi.qure) 10.4 Figure 1. Subject site in relation to barrier island. B. Protect and enhance the economic, physical, cultural, and environmental attributes which make up the character of these harbors, inlets and creeks. Minimize adverse impacts of new and expanding water-dependent uses and provide for their safe operation. C. Site marinas, yacht clubs, boat yards, and other boating facilities in suitable locations. The Town of Southold has identified the traditional concentrations of marifime activity located in the harbors, creeks and inlets, as the most appropriate locations for the development and expansion of marinas, yacht clubs, boat yards, and other boating facilities. These sites are zoned for these uses: either Marine I or II. In general, the necessary infrastructure and services to support these uses already exists in these areas, and due to the general/eve! of previous development of these areas, the potential for significant adverse impact on the remaining natural resources is likely to be less than in other locations. Siting maritime uses outside of MI and Mil zoning districts increases the potential for adverse impacts on coastal resources. seek to minimize adverse impacts on coastal resources by siting new marinas, yacht clubs, boat yards, and other boating facilities only in areas identified as appropriate for water-dependent uses; avoid siting new marinas, yacht clubs, boat yards, and other boating facilities outside of the areas identified as appropriate for water- dependent uses. The proposed action complies with the above sub-policies. Use the following standards in the siting of new and the expansion of existing marinas, yacht clubs, boat yards, and other boating facilities: a. upland space for parking, storage and support facilities is sufficient, It is recommended that the Board assess whether the expansion of the dockin.q facilities would increase vessel density. b. waterside and landside access is adequate, Landside access is adequate, however see comment above re~ardin(~ dockin.q facility expansion, c. nearshore depth is adequate, The applicant proposes to dredRe areas to improve water depth,~ and Rain better vessel nav~qability. d. wetlands, shellfish beds, or fish spawning grounds would not be adversely affected, It is recommended that the Board clarify what best mana.qement practices durin.q construction and operations will be employed to minimize and mitiqate adverse impacts to shellfish beds, and/or fish spawning .qrounds. water quality classifications are compatible, Yes in-water dredging and maintenance dredging is minimized, it is my assessment that the proposal to dredge bottomlands is limited to locations within the operating marina and is necessary to continue operations as a marina use. basin morphometry or other means ensures adequate water circulation It is recommended that the Board assess whether water circulation within the marina docking facility is adequate. h. on-site stormwater retention and filtration is ensured, along with rinse water from boat washdown pads. This is not applicable at this time Ensure that new or expanding marinas: a. consider marine services and boat repair, when feasible, to meet a range of boating needs, Not applicable b. do not displace or impair the operation of existing water-dependent transportation, industry, or commerce, The proposed action is not expected to impair or displace water- dependent transportation, industry, or commerce, conversely, the action will improve such opportunities. do not encroach upon navigation channels, channel buffer areas, or public mooring areas, As indicated above, it is unclear which floating docks will be extended seaward. It is recommended that the Board clarify which docks will be extended and assess the naviqability between the end of the proposed floating docks and existinq floating docks and the barrier island located south of the marina facilities (see figure) incorporate public access to the shore through provisions, such as including access from the upland, boat ramps, and transient boat mooting, It is recommended that the Board clarify that public access exists and is being improved. limit discharge of sewage by providing pump out facilities unless the State's Clean Vessel Act plan indicates that adequate pumpout facilities exist. It is recommended that the Board assess whether pump out facilities are adequate and available to vessels. In the event that the action is approved, the installation of a silt boom during dredging operations is strongly recommended pursuant to § 275-11. Construction and operation standards of the Southold Town Code. § 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 all 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 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town 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 SCTM# 056 06 003.4~ 004 & 006.1 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) (c) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Nature and extent of action: PLEASE REFER to the ATTACHED PROJECT DESCRIPTION. Attach additional sheets if necessary Location of action: Site acreage: 6~300 Main Road; Town of Southold, New York 8.9 acres Present land use: Commercial Marina. Present zoning classification: M - 2 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: PORT of EGYPT~ INC. (c/o William It. Lieblein} (b) Mailing address: P.O. Box 767~ Shelter Island~ NY 11964 (c) Telephone number: Area Code ( 631 ) 765 - 2445 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable The proposed project is for the maintenance dredging of the underwater areas located within marinas to a depth of&O' below apparent low water level. This proposal is situated within a commercial marina (i.e., beneficial use of a coastal location) and is for the routine maintenance of the navigability of the marina, and has been implemented previously without any form of substantial impact to the surrounding environment (i.e., minimizes adverse effects of development). Additionally, with the sixnple reconstruction/reconfiguration of the existing floating dock structures (i.e., efficient use of infrastructure), which have existed harmoniously within this marina for many years, we do not anticipate any form of adverse impact to the immediate environment (i.e., minimizes adverse effects of development). Furthermore, the project includes for the creation of an additional 1,55o square feet of new wetlands area. Consequently, we believe that this project fully satisfies this Policy. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section lil- Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable ?his proposal is not applicable to this Policy. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable No change to the current visual quality of this section of shoreline. Tbis proposal is not applicable to this Policy. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable This proposal is not applicable to this Policy. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable This proposal is not applicable to this Policy. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [] Not Applicable This proposal is not applicable to this Policy. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria [] Yes [] No [] Not Applicable This proposal is not applicable to this Policy. 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 [] Not Applicable This proposal is not applicable to this Policy. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable This proposal is not applicable to this Policy. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable The proposed project will maintain/protect the navigability and ease of access for this commercial marina (i.e. water-dependent use in a suitable location). Consequently, this proposal is consistent with this Policy. 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 [] Not Applicable This proposal is not applicable to this Policy. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section 111 - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable This proposal is not applicable to this Policy. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable This proposal is not applicable to this Policy. Created on 5/25/05 11.'20 AM PROJECT DESCRIPTION for the PORT of EGYPT, INC. (c/o William IL. Lieblein) Situate: 6~$00 Main Road; Town of Southold, New York SCTM #: 1000 - O56 - O6 - 00S.~, 004 & 006.1 PROPOSED DREDGING: Maintenance Dredge various underwater areas within the marina, to a navigable depth of < 6.0' +/- (at low tide). Approximately +,500 cubic yards _+ of dredge spoil is anticipated to result fi'om the proposed maintenance dredge, which is to be transferred to onshore trucks and deposited within an approved, upland location, all to be issued via a Ten (10) Year Maintenance Dredge Pernfit. PROPOSED WETLANDS RESTORATION: Excavate a triangular-shaped area of asphalt & gravel along the marina shoreline (along the west side of the boat basin within Lot 6.1) measnring 1,550 sqnare ti=et _+ in area, inclusive of existing fill below to a depth of elevation 1.0' _+. Approximately ~275 cnbic yards of resultant fill will be removed from this area and transported to an approved-for npland location. The existing bulkhead measuring 80.0' + in length along the southwestern side of the area will be removed wholly, and replaced with a proposed Low-Sill Bulkhead "in-placd' (Top Elevation @ 1.0' _+). Additionally, a proposed Retaining Wall measuring 6~.0' _+ is to be installed to the northwestern side of the proposed wetlands area, to separate this area fi~om the parking area. A proposed Rainp Extension (+.o' wide + x ~2o.o' long +) will be installed to connect the existing ramp to the parking area. The resultant area will be graded and prepped for planting of Saltmarsh Cordgrass (Spartina alterniflora) on 9.o" o/c. PROPOSED DOCK EXTENSIONS: Extend and/or Replace the existing Floating Docks ('finger docks") ineasuring $.0' wide x ~2o.o' long (average) with new Floating Docks to measure ~.o' wide (maximum) x 80.0' long (maximmn). Approxinmtely 1to Floating Docks within the ~narina will be extended seaward. Proposed Pilings are to he installed at the seaward end of each Floating Dock (Timber Piling ~ 8" - 10" rnd.; Fiberglass @ s" rnd.; Galvanize P'pe @ $.5' -~." md.). Additionally, where requested, Floating Docks are to be n~oveable/removable when needed in order to acconunodate diflbrent sized vessels. See survey prepared by PE('O,'VI( ~5URt'EFOR& P.C, last dated Jannary 11~, ~2011 (i.e., 11, Nh~s bleduced To l & 18,5'l~s Reduced To l 7). POll T oF£G YPT MARINE, INC. Propertj~ Situate: G~300 Main Road; Town of Southold, New York - SCTM #: 1o00 - 056 - OG - OOg.!~, 00!~ & OOG. I SITE PLAN DETAIL PR OPOSEI) DttED(;I:VG I'NA::ECT ~ / -2- 22 C , _[see Det~til Shee(J NCc Date: _ _Scale: __. Drawn by' _ SUFFOLK ENVIRONMENTAL CONSULTING, INC. OF PORT oFEG YPT MARIN~, I~C. Property Situate: 6~23o0 Main Road; Town of Southold, New York -- SCTM #: 1 o0o - 056 - 06 - 00;3.4, 00~ & 006.1 TRANSECT DETAIL PROPO~%'EI) I)REDGLYG IR \N~ECI A AHW I~m.0'd ALW Ir, L:o.o'4 [TRANSECT C {1 of 2} \\ TRANSECT C |2 of 2} [ Scale: __~ Dra~n by: _ _.' SUFFOLK ENVIRONMENTAL CONSULTING, INC. Box 2003 · Bddgehar'npto¢, · N', · ! ~932 OF POll T oFEG YPT MARINE, INC. ProperU~ Situate: 6'2s0o Main Road; To;xn of Southold, New York -- SCTM #: 1000 -- 056 -- 0G -- 003. I~, 00]- & 006.1 TRANSECT DETAIL PttOPOSF. D DREDGL\:G ~L©AqLNG DOCKS AREA cf PROPOSED DRED,~iN,S 'I'RANSEC[ F [ AREA cf PROPOSED DREDGING (Ct;ss Halci',i Scale: Dra~,vn SUFFOLK ENVIRONMENTAL CONSULTING, INC. I OE FOR T oFEG YPT MARINE, INC. Property Situate: 6'2.000 Main Road; Town ofSouthold, Nexx York - SCTM ¢¢: 1000 - I)56 - 06 - 003.4., 00~ & 006.1 PROPOSED WETLANDS DETAIL EXISTING CONDITIONS SUFFOLK ENVIRONMENTAL CONSULTING, INC. OF PORT oFEG YPT MARINE, INC. Propert~v Situate: 6~2500 Main Road; Town of Southold, ~ eu York - SCTM #: 1o00 - 056 - 0G 003.$, 00'/r & 006. I PROPOSED WETLANDS DETAIL PROPOSED CONDITIONS ASPHALT and OP, LAVEL 0 SUFFOLK ENVIRONMENTAL CONSULTING, INC. OF PORT oFEG YPT MARINE, INC. Propertf Situate: 6~$00 Main Road; Town of Southold, New York - SCTM #: 1000 - 056 - 06 - 005.4, o04 & 006.1 SITE PLAN DETAIL PIt OPOSED DOCK EXTENSION EXISTING CONDITIONS PROPOSED CONDITIONS Drawn by: :~ SUFFOLK ENVIRONMENTAL CONSULTING, lNG. P,O Box 2003 * Bridgehampton * NY · 11932 (631) 537 - 5160 (phone) OF POI? T oFEG YPT MARINE, INC. Property Situate: 629o0 Main Road; To~n of Southold. New Yurk - sCrFM ~: 1000 - 056 -06 - 005.][, 004 & 006.1 ELEVATION VIE\V PRO10AED I)06K EX 7 E~\SIOz\ I~]XIST'ING C()NDITIONS PROPOSED CON D [] 1 ( )N 5 SOX)' .I · Date: _~2 ~; ; ~ : ............ Scale: ....... ~:2 = 2 2 : ..................... SUFFOLK ENVIRONMENTAL CONSULTING, INC. POll T oFEG YPT MARINE, INC. Propert v Situate: 6~$00 Main Road; Town of Southold, New York - SCTM #: 1000 - 056 - 06 - 003.4, 004 & 006.1 PROJECT DETAILS PROPOSED DREDGING: Maintenance Dredge various underwater areas within the marina, to a navigable depth of < 6.0' +/- (at low tide). Approximately 4,500 cubic yards + of dredge spoil is anticipated to result from the proposed maintenance dredge, which is to be transferred to onshore trucks and deposited within an approved, upland location, all to be issued via a Ten (10) Year Maintenance Dredge Permit. PROPOSED WETLANDS RESTORATION: Excavate a triangular-shaped area of asphalt & gravel along the marina shoreline (along the west side of the boat basin within Lot G. 1) measuring 1,550 square feet _+ in area, inclusive of existing fill below to a depth of elevation 1.o' _+. Approximately 275 cubic yards of resultant fill will be removed from this area and transported to an approved-for upland location. The existing bulkhead measuring 80.0' _+ in length along the southwestern side of the area ~vill be removed wholly, and replaced with a proposed Low-Sill Bulkhead "in-placd' (Top Elevation @ 1.0' +). Additionally, a proposed Retaining Wall measuring 5,5.0' _+ is to be installed to the northwestern side of the proposed wetlands area, to separate this area frmn the parking area. A proposed Ramp Extension (4.0' wide _+ x 20.0' long _+) will be installed to connect the existing ramp to the parking area. The resultant area will be graded and prepped for planting of Saltmarsh Cordgrass (Spartina alternoqora) on 9.0" o/c. PROPOSED DOCK EXTENSIONS: Extend and/or Replace the existing Floating Docks ('~'nger docks") measuring $.0' wide x 20.0' long (average) with new Floating Docks to measure 4.0' wide (maximum) x ~0.0' long (maximum). Approximately 149 Floating Docks within the marina will be extended seaward. Proposed Pilings are to be installed at the seaward end of each Floating Dock (Timber Piling @ 8" - lO' md.; Fiberglass @ 8" md.; Galvanize Pipe @ 3.5" - 4" rnd.). Additionally, where requested, Floating Docks are to be moveable/removable when needed in order to accommodate different sized vessels. See survey prepared by PECONIC SURFETORS, P.C., last dated January 13, 62011 (i.e., 1~ Shps Reduced To ~ 8; ~ $ Shps Reduced To ~ 7). Drawn by: ~& SUFFOLK ENVIRONMENTAL CONSULTING, lNG. P,O Box 2003 * Bridgehampton · NY · 11932 (63~) 537 - 5160 (phone) (631) 537 - 5291 (facsimile) IOF