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Home My WebLink About1000-116.-6-24.1 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: August 22, 2011 Re: Proposed Wetland Permit for KIMOGENOR POINT COMPANY SCTM# 1000-116-6-24.1 West Creek is a New York State Significant Fish and Wildlife Habitat Area and a New York State Department of Environmental Conservation Critical Environmental Area. A site inspection was conducted on August 19, 2011. En-Consultants on behalf of KIMOGENOR POINT COMPANY requests a Wetland Permit to construct approx. 566 If. of vinyl bulkhead in place of (and approx. 8" higher than) existing timber bulkhead; remove and replace existing wood fence; remove and replace most landward +11' of 5' wide bridge and add 8' ramp onto landward end thereof; and incidentally dredge up to 10' off indicated sections of bulkhead to a depth of -2'ALW and regrade remaining shoal adjacent to bridge to gradually slope away from dredged channel, which will restore tidal flow pattem around island and use approx. 300 cy. of sand spoil as backfill. Regrade and repave existing paved roadway landward of bulkhead and replace existing drain with a groundwater infiltration system to minimize the frequency and volume of pavement run-off discharged from existing overflow pipe to be maintained. Located: 50 Jackson St., New Suffolk. SCTM#116-6- 24.1 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: § 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 project 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 o .L_W. RP..CONSISTENCY ASSE Al INSTRUCTIONS ] ............ ~"-- I. A 11 applicants for perm its including T ow n 0f S0uth01d agencies, shall c0m plete t'Iiis C C A F f0r proposed actions ~hat are subjeut to the Town of S0uthuld W aterfr0nt Consistency Review Law. This assessm eot is intended to supplem ont other inform ati0n used by a T0wn ol $0uthold agency in m a k in g a d ete r m in a ti0 n 0 f c 0 o s is t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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. ^ proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy stan. dards, and co. ndi!ions contained in tile consistency review law. Thus, each answer must be explained un detail, listing both supporting and non- suoDortine facts. If an action cannot be certified as consistent with the LWRP policy ~andards and conditions, it shall not be undertaken. - - \ A copy of the LWRP is available in the following places: online at th~ T~wn ~old's~ websq{e (southoldtown.northfork.net), the Board of Trustees Office, the Plfinhing D~partmen~, all local'X. libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 116 - 6 - 24.1 / \ ' The Application has been submitted to (check appropriate response): TownBoard ~] PlanningBoard~] Building Dept. [--] Board of Trustees ~,~.~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Construct approximately 566 linear feet of vinyl bulkhead in place of (and approximately 8 inches higher than) existing timber bulkhead; remove and replace existing wood fence; remove and replace most landward +l I feet of 5' wide bridge and add 8' ramp onto landward end thereof; and incidentally dredge up to 10' off indicated sections of bulkhead to a depth of-2'ALW and regrade remaining shoal adjacent to bridge to gradually slope away from dredged channel, which will restore tidal flow pattern around "island," and use approximately 300 cubic yards of sand spoil as backfill, all as depicted on the project plan prepared by En-Consultants, dated August 1, R~aqe and repave existing paved- dward of bulkhead and replace existing drain with a groundwater infiltration system to \ m)fimize the frequency and volume runoff discharged through the existing overflow pipe to be maintained, all as depicted X..a'nd described on the drainage plan i Harbor Engineering, dated May 26,2011. Bulkhead replacement is minor acti, Consistency Review. Location of.action:' 50 JACKSON STREET, NEW SUFFOLK Site acreage: +/-6 ACRES Present land use: RESIDENTIAL & RECREATION Present zoning classification: R-40 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: K1MOGENOR POINT COMPANY (b) Mailing address: c/o DANIEL BINGHAM 170 OXFORD BOULEVARD, GARDEN CITY, NY 11530 (c) Telephone number: Area Code917-886-0130 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~] No [~ If yes, which state or federal agency?. 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 [5~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [~ Yes ~ No [5~ 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 To the extent that Policy 4 is applicable to the actions reviewable under Chapter 268, the sand shoal now preventing the historical ebb and flood around the applicant's clubhouse "island" has caused and is continuing to cause the erosional loss of intertidal marsh that fringes the island. Therefore, the proposed dredging and reduction of the shoal may result in the decrease in the loss of natural resource from erosion, consistent with Policy 4. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~ No ~ Not Applicable A silt boom will be employed around the dredge site to ensure the project's consistency with Policy 5. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes [--] No [--] Not Applicable KIMOGENOR POINT COMPANY 50 JACKSON STREET NEW SUFFOLK, NY SCTM #1000-116-6-24.1 LWRP CONSISTENCY ASSESSMENT FORM -POLICY 6 Consistent with Policy 6, the very purpose of the proposed dredging and regrading of the sand shoal is to protect and restore ecological quality and tidal wetlands. The shoal to be reduced has cut off the historic tidal flow pattern around the clubhouse "island" and directly caused the loss of adjacent vegetated marsh habitat to the west and immediately east of the bridge through the direct burying of marsh vegetation and preemption of tidal flooding due to the chronic increase in the shoal's footprint and elevation. It is believed that the shoaling has also indirectly caused the loss of intertidal marsh on the easterly shoreline of the "island" through one or more possible mechanisms. One possibility is that the restriction of tidal movement around the island has caused a certain degree of stagnation of water on the "inside" of the island, which in turn has allowed for greater ice buildup in the marsh during the winter, and ice damage is one of the primary natural means by which vegetated marsh is damaged and lost. It may also be the case that the ebb tide is more turbulent along the east side of the marsh since in the past the tide would have ebbed out from both the north/east and south/west sides of the island, whereas the tide can now only ebb from the north side of the island due to the shoal. This increase in ebb tide turbulence could be causing the erosion of the marsh fringe during the non-winter months. It is also possible that the restriction of tidal flow and flushing around the entire island has altered the supply of nutrients to the island's marsh fringe, thus causing a biological degradation of the marsh as well. Without a directed scientific study, it is difficult to identify with certainty the exact causal relationship between the formation of the shoal and loss of vegetated marsh, but the correlation between the two phenomena have been observed and well documented by the applicants. Therefore, it is believed that the proposed reduction of the shoal and restoration of the tidal flow around the island will have the positive impacts of preserving the remaining marsh and hopefully allowing for its gradual restoration. It is worth noting that one alternative and more direct means of accomplishing this goal would be to construct a low-sill bulkhead seaward of the remaining marsh and planting the backfill with additional marsh, but the applicants are currently proposing this "soft" method of restoring the historically existing natural condition before resorting to this "hard" alternative. A narrative detailing the history of the shoal formation and correlated loss of marsh is attached hereto in further support of the application and the project's consistency with Policy 6. See a~ached. 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 ~ NoR 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 ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section llI- Policies; Pages 38 through 46 for evaluation criteria. [~ Yes ~ NoR Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES 'Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent suitable locations. See EWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. [~] Yes [--] No [~ Not Applicable uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~] Yes [~] No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 throogh 65 for evaluation criteria. ~] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ['--] Yes ~] No [~ Not Applicable PREPARED BY ROBE~.~HERRMANN TITLEcoAsTAL MGMT SPECIALIST DATEAuGUST2,20n Amended on 8/1/05 KIMOGENOR POINT COMPANY: PROPOSED DREDGING AND REGRADING OF SHOAL PROJECT SUMMARY. As part of a larger proposal to replace over 500 i;3et of bulkheading, Kimogenor Point Company is proposing to "incidentally" dredge up to 10 lket seaward of several sections of bulkhead~ which will entail the removal of a large section of shoaled sand from against the bulkhead, and regrade the remaining shoal away from the bulkhead at a gradual 1:3 slope so that the sand does not fill back in against the bulkhead. As a result of this work,~ the historic pattern of tidal water flow around the clubhouse island would be restored, thus resulting in the mitigation of a loss of vegetaled marshlands thai began accelerating when the formation of the shoal blocked the tidal flood and ebb around the island from its west side. Shoaling Backgrotmd Sufiblk County periodically dredges the mouth of West Creek to preserve up-creek habitat, in 1965, ama. ior undertaking by the County removed 90 000 cubic yards of sand i~om the creek. At that time, a spit of sand was left along the south side of the creek near the creek mouth (sec Photo l). Over subsequent years, due lo tidal and wave action this sand moved progressively eastwvard (see Photos 2-5). By 2002. the sand had advanced to ~he extent thal it obstructed the western end of the clubhouse island canal, curtailing the free flow of water around the island, Phibro I: Wes~ Creek at Kimogen0r Point c.a. 197(l. The sand spit lefi by Suft~.->Ik Counl? s I965 dredging is visible to the tei~ of the bt~Ikhead and the American flag at the bottom of the photo. The clubhouse island is ~n the cemer ~f the photo with bolh ends of the ca,mt open, allowing the flee movement of tidal cu~'ents around the islm~d, Page Photo 2: West Creek a Kimogenor Point in 1983. The sand spit along the bulkhead at the south side of the creek has moved to tl~e east from its 1970 location in the direction of the west end of the canal West Creek at Kimogenor Point in 1994. The sand spit has continued movi~g east. approackiing the west end of the clubhouse island carrel. Page 2 Photo 4: West Creek at Kimogenor Point in 2002. The sand spit has filled in the west end of the canal blocking the flow of water around the island. Photo 5: , boaled ,~r.~a al the west end of'the canal as it appears today'. Tidal flow withii~ the canal has beei~ completely obstrncted and marsh habitat bm'led. 'llhe shoaling l'las advanced trader the bridge m~d contint~es ~o f~ll in the carrot and cover the Island s marsh fringe. Page 3 Marsh Erosion In 1996, the community became concerned that the marsh fkinge along the east side of the island was eroding and sloughing into the canal. At thai time, a monitoring program was started to record the rate of marsh erosion (Photos 6-10). Three redw'ood stakes (A, B~ and C) were driven into the ground six ~;3et from the edge of the marsh. Subsequent monitoring of the distance of the stakes f?om the marsh edge has demonstrated that six fi:et or more of the 130 fbot edge of the bog along the east side of the island has been lost. Recent observations indicate that the rate of bog loss has increased since the canal was blocked. It is theorized that this loss may be due in pm1 to the swirling and back-eddying of the ebb tidal flow out around the north side of the island since the tide can no longer ebb out fkom the south side of the island. Loss may also be due to the ihct that the stagnation of water on the inside of the island during most tidal cycles has allowed for increased ice buildup and damage resulting therefrom during ihe winter months. Whatever the cause~ the correlation between the shoaFs blocking the tidal flow around the island and the loss of intertidal marsh is well documented. The ~bllowing photographs (Photos 6 - 10) demonstrate the loss of marsh along the east side the island. Photo 6: The east side of the clubhouse island showir~g stakes A arid B as they were placed 199(,. Stoke ( is located ~L~_rther to the south deli) of the photo. Page 4 Photo 7: The east side of the clubhouse island showing stakes Ax B, and C in 2003. The marsh has eroded significantly landward toward the stakes. Ph¢~to 8: The east side of the clubhouse island showing stake B as it was placed in 1996. At this time the stake was tocatect six fL'e~ from the seaward edge of the intertidal marsh. Page S Photo 9: The east side of the clubhouse island showing stake B in 2003. By this time the stake was located only one foot f¥om the seaward edge of'vegetated marsh. Photo 10: 20t 1 photograph of the east side o/'the island. Stakes A and C are barely visible at the let'l ai~d right sides of ff~e photo. Stake B was lost when the marsh sloughed into the canal. Page 6 ¥~ wo / / / / / I / E N- CONSULTANTS 1319 NORTH SEA RD. SOUTHAMPTON, NY 11968 631-283-6360 PROFO~P I~LI. KHI~AP I~FI.A~/V~NT ANP PI~.P~ilN~i FOR KIMO~NOR POINT COMPANY ON PI~CONIC BAY ANP CI~I~K, NI~W 5LIfl~OLK, 5UFFObK CO,, NY 5~-Bf~1' I Of ~ ~/I/Il PROFIL-~ THRU IN-PL. ACU 19LIbKH~AI? ~PL.Ad~NT IH ?bAc'~ OB ~XISTIN~ ~ TiMeR ~ IQ" ~ 20' PIBBS PROFIb~ ~RLI BUL.~AI? R~PL-ACUM~NT; ANg iNCIP~NT~ ~?~lgOJN~ g ASSQCIASJ? ~P, AI?IN~ OF SHOAt 114" *,9" * 16' V1NYi. ~,'t~^fl4k~ E N - CONSULTANTS '1319 NORTH SEA RD. SOUTHAMPTON, NY 11968 PROF'O.~P BLItKHI~AP ANP PI~-P~INO POl~ KIMO~NOR POINT COMPAI~' ON Pf~CONIC BAY ANI9 Ct~I~K, N~W .SLIPPOtK, SLIF:PObK CO,, NY 5PI~T ? OP 4 ~/I/II A FOOT BRIDGE AND RAMP Scale 3/8" = 1'0" ! SECTION A-~ FOOT BRIDGE AND RAM~ Scale 318" = l'O~ PAVEMENT AND DRAINAGE PLAN Scale 1" = 20 feet 4 DRAINAGE SYSTEM CROSS SECTION Scale l"; 5 feet The surface treatment shall be adcording to NYSDOT item 307-2.02 and shall extend for the full width of the existing pavement from the west end of the area of grade change to the easterly end of the new bulkhead installed under this phase. Thc 2" asphalt binder paving course shall be according to NYSDOT item 403-2. Sufficient impervious clayey sand from the drainage structure excavation shall be retained and dried to be used to backfill the overflow pipe trench to impede lateral drainage within the beckfilled trench. Pavement reconstruction shall be the area where grade is changed plus ureas disturbed by bulkhead construction and tie backs. Estimate of material quantities: Imporled: Granular subbase Sand below drainage structure Stone below drainage structure Removed from site 200 cubic yurds 40 cubic yurds 4 cubic yurds 165 cubic yurds KIMOGENOR POINT COMPANY PHASE II - BULKHEAD REPLACEMENT DRAINAGE PLAN SAG HARBOR ENGINEERING PO Box 1991, Sag Harbor, NY 11963 631-725-0868 May 26, 2011 Sheet I of 2 DRAINAGE STRUCTURE - PIPING CROSS SECTION Scale ~" = 1 foot PLAN DETAIL - OVERFLOW PIPE DISCHARGE Scale ~A" = I fool REPAVEMENT CROSS SECTION No Scale Narrative - Drainage of Pavement Area The objective of the proposed drainage improvements is to infiltrate normal surface drainage into the groundwater while allowing tidal flooding from regularly occurring high water events to escape back into West Creek. Similar to the drainage improvements incorporated into the first phase of bulkhead replacement, a central catchment is proposed where there is now an existing inlet which, under normal conditions would accept runoff from the paved area and percolate storm water vertically to the groundwater An overflow pipe is proposed which will discharge to the creek when tidal flooding exceeds the flow rate through the vertical drain. When the level of the creek rises to the level of the pipe outlet, the proposed back flow preventer will prevent high tidal conditions from flooding the paved areas until conditions are back to normal. Because the location of this inlet and vertical drain, there is concem about the potential that overflows to the creek may contain contaminants from the paved area. Minor amounts of hydrocarbons from vehicles and the pavement itself are the most likely contaminants to enter the system. They would mostly remain at the water surface within the drainage structure. A tee section is proposed on the outlet which will prevent overflow discharge from the water surface. When the water level drops, any floating contaminants would enter the soil below rather than being discharged to the creek. A cap will be provided in the tee to pem~it pipe cleaning, if necessary. KIMOGENOR POINT COMPANY PHASE II - BULKHEAD REPLACEMENT DRAINAGE PLAN DETAILS SAG HARBOR ENGINEERING PO Box 199 I, Sag Harbor, NY 11963 631-725-0868 May 26, 2011 Sheet 2 of 2