HomeMy WebLinkAbout1000-116.-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
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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