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HomeMy WebLinkAboutTR-7738 James F. King, President Of SOUj~o Town Hall Annex Bob Ghosio, Jr., Vice-President ' P.O. lam lQ 54 Main 179 Box 1179 Dave Bergen 4 Southold, New York 11971-0959 John Bredemeyer AR Telephone (631) 765-1892 Michael J. Domino COUNfY Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0920C Date: October 16, 2013 THIS CERTIFIES that the construction of a 4'x70' timber catwalk over an existing deteriorating concrete walkway leading to a 4'x8' open-grate platform with 4'x15' stairs to beach; for the existing stairs with the portion of the concrete walkway removed; installation of ±100' If. of 18"-24" stone (500-10001b.) on filter fabric along the toe of bluff with sand covering stones and restoration of bluff slope/face planted with beach grass At 10020 Nassau Point Road, Cutchogue, New York Suffolk County Tax Map # 119-1-18 Conforms to the application for a Trustees Permit heretofore filed in this office Dated January 6, 2012 pursuant to which Trustees Wetland Permit #7738 Dated February 22, 2012, was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the construction of a 4'x70' timber catwalk over an existing deteriorating concrete walkway leading to a 4'x8' open-grate platform with 4'x15' stairs to beach; for the existing stairs with the portion of the concrete walkway removed; installation of ±100' If. of 18"-24" stone (500- 10001b.) on filter fabric along the toe of bluff with sand covering stones and restoration of bluff slope/face planted with beach grass. The certificate is issued to LAWRENCE NIEBLING owner of the aforesaid property. Authorized Signature • 0 James F. King, President O~%w4f,te Town Hall, 53095 Main Rd. Bob Ghosio, Jr., Vice-President 01 P.O. Box 1179 Dave Bergen Southold, NY 11971 John Bredemeyer a~ 'ac Telephone (631) 765-1892 Michael J. Domino Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE F INSPECTION: t 6 (/,-f 7 Ch. 275 Ch. 111 INSPECTION SCHEDULE - Pre-construction, hay bale line/silt boom/silt curtain 15t day of construction Y2 constructed Project complete, compliance inspection. INSPECTED BY: e COMMENTS: C't CERTIFICATE OF COMPLIANCE: ©I gUfFO(,~ James F. King, President COG Town Hall, 53095 Main Rd. Bob Ghosio, Jr., Vice-President P.O. Box 1179 Dave Bergen Southold, NY 11971 - John Bredemeyer Telephone (631) 765-1892 Michael J. Domino 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 ' Yz constructed x Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7738 DATE: FEBRUARY 22,:2012 ISSUED TO: LAWRENCE NIEBLING PROPERTY ADDRESS: 10020 NASSAU POINT ROAD, CUTCHOGUE SCTM# 119-1-18 AUTHORIZATION Pursuant to the provisions of Chapter 275 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 February 22, 2012, and in consideration of application fee in the sum of $250.00 paid by Lawrence Niebline and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: i Wetland Permit to construct a 4'x70' timber walkway over an existing deteriorating concrete walkway leading to a proposed 4'x8' open grate platform with j 4'x15' stairs proposed for beach access; existing stairs with the portion of the concrete walkway to be removed; install 100 linear feet of 18"-24" stone (500-10001b.) on filter fabric along the eroded scarp at the toe of the existing bluff, 50+1- cubic yards of clean sand from an upland source is proposed to cover the stones and restore the bluff slope and planted with beach grass on 12" centers; and all bare areas on the bluff face to be planted with Beach Grass on 12" centers; and as depicted on the site plan prepared by Land Use Ecological Services, Inc., last dated February 23, 2012, and stamped approved on March 2, 2012. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. / h~o~gUFFO(,~coG C2 oy • o~~ t Cr TERMS AND CONDITIONS The Permittee Lawrence Niebling, residing at 10020 Nassau Point Road, Cutchogue, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. 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 all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. 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. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. 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. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. 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. 7. 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 Petmittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to ibis permit, which may be subject to revoke upon failure to obtain same. • • James F. King, President ~~OF so~Tyo Town Hall Annex Bob Ghosio, Jr., Vice-President 54375 Main Road yy P.O. Box 1179 Dave Bergen T Southold, New York 11971-0959 John Bredemeyer G Q • ~O Telephone (631) 765-1892 Michael J. Domino C0UM'1, Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 22, 2011 Dan Hall Land Use Ecological Services, Inc. 570 Expressway Drive South, Suite 2F Medford, NY 11763 RE: LAWRENCE NIEBLING 10020 NASSAU POINT ROAD, CUTCHOGUE SCTM# 119-1-18 Dear Mr. Hall: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 22, 2012 regarding the above matter: WHEREAS, Land use Ecological Services, Inc. on behalf of LAWRENCE NIEBLING applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 6, 2012, 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 to construct a 4'x70' timber walkway over an existing deteriorating concrete walkway with 4'x15' stairs proposed for beach access; existing stairs with the portion of the concrete walkway to be removed; install 100 linear feet of 18"-24" stone (500-10001b.) on filter fabric along the eroded scarp at the toe of the existing bluff; 50+/- cubic yards of clean sand from an upland source is proposed to cover the stones and restore the bluff slope and planted with beach grass on 12" centers; and all bare areas on the bluff face to be planted with Beach Grass on 12" centers be found Consistent with the Local Waterfront Revitalization Program policy standards, and, 2 • 0 WHEREAS, the LWRP Coordinator recommended that the proposed application to construct a proposed 6'x10' (60sq.ft.) open grate platform be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered the Local Waterfront Revitalization Program policy 6.3 to the greatest extent possible through the imposition of the following Best Management Practice requirements: reduce the size of the proposed open grate platform to 4'x8'; move the structure to the north to reduce damage to the existing vegetation, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 22, 2012, 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 and Chapter 111 of the Southold Town Code, 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, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees APPROVES the application of LAWRENCE NIEBLLING to construct a 4'x70' timber walkway over an existing deteriorating concrete walkway leading to a proposed 4'x8' open grate platform with 4'x15' stairs proposed for beach access; existing stairs with the portion of the concrete walkway to be removed; install 100 linear feet of 18"-24" stone (500-10001b.) on filter fabric along the eroded scarp at the toe of the existing bluff; 50+/- cubic yards of clean sand from an upland source is proposed to cover the stones and restore the bluff slope and planted with beach grass on 12" centers; and all bare areas on the bluff face to be planted with Beach Grass on 12" centers; and as depicted on the site plan prepared by Land Use Ecological Services, Inc., last dated February 23, 2012, and stamped approved on March 2, 2012. 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. 3 0 1* Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 50.00 Very truly yours, mes F. King President, Board of Trustees JFK/eac James F. King, President y~gyFFO(f Cp Town Hall Annex Bob Ghosio, Jr., Vice-President 4Z4 yy~ 54375 Route 25, P.O. Box 1179 a Dave Bergen Go Southold, NY 11971 John Bredemeyer Telephone (631) 765-1892 Michael J. Domino Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: LAWRENCE NIEBLING Please be advised that your application dated January 6, 2012 has been reviewed by this Board at the regular meeting of February 22, 2012 and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1 st Day of Construction ($50.00) '/z Constructed ($50.00) XX Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Final Inspection Fee = $50.00 bI 01 31,x' TOTAL FEES DUE: $ 50.00 j;la BY: James F. King, President Board of Trustees Peter Young, Chairman Town Hall, 53095 Main Rd. Lauren Standish, Secretary P.O. Box 1179 Southold, NY 11971 Jf01 ~aQ~ 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., February 15, 2012 the following recommendation was made: Moved by Derek Bossen, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of LAWRENCE NIEBLING to construct a 4'X 70' timber walkway over an existing deteriorating concrete walkway leading to a proposed 6'X 10' open grate platform with 4'X 15' stairs proposed for beach access; existing stairs with the portion of the concrete walkway to be removed; install 100+/- If. of 18-24" stone (500-1000 lb.) on filter fabric along the eroded scarp at the toe of the existing bluff; 50+/- cy. of clean sand from an upland source is proposed to cover the stones and restore the bluff slope and planted with beach grass on 12" centers; and all bare areas on the bluff face to be planted with Beach Grass on 12" centers. Located: 10020 Nassau Point Rd., Cutchogue. SCTM#119-1-18 Inspected by: Derek Bossen, Doug Hardy Vote of Council: Ayes: All Motion Carried qX4 OgpffOt~ C P.O. Box 1179 James F. King, President Bob Ghosio, Jr., Vice-President Q Southold, NY 11971 Dave Beigen ti Telephone (631 765-1892 John Bredemeyer 0 Fax (631) 765-6641 Michael J. Domino 't' Southold Town Board of Trustees Field Inspection[Worksession Report ~v Date/Time: LAWRENCE NIEBLING requests a Wetland Permit to construct a 4'X 70' timber walkway over an existing deteriorating concrete walkway leading to a proposed 6'X 10' open grate platform with 4'X 15' stairs proposed for beach access; existing stairs with the portion of the concrete walkway to be removed; install 100+1- If. of 18.24" stone (500-1000 lb.) on filter fabric along the eroded scarp at the toe of the existing bluff; 50+1- cy. of clean sand from an upland source is proposed to cover the stones and restore the bluff slope and planted with beach grass on 12" centers; and all bare areas on the bluff face to be planted with Beach Grass on 12" centers. Located: 10020 Nassau Point Rd., Cutchogue. SCTM#119-1-18 Type of area to be impacted: Saltwater Wetland -Freshwater Wetland -Sound .Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _L,Chapt.275 Chapt. 111 -other Type of Application: Wetland -Coastal Erosion -Amendment _Administrative_Emergency Pre-Submission Violation Info needed: C~ Modifications: (4 r ` S/ 2- if 01 ~G 7 rPo/~ly --f f- 7 cep n Conditions: 1 1g t Present Were: 10, 1 King ~B. Ghosio D. Bergen, _/J. Bredemeyer / Michael Domino D. Dzenkowski other Form filled out in the field by f ICJ Mailed/Faxed to: Date: Y + ~ - 3 A• +1~-"rs• of Jt1/~ ' - . .y •t. k. _ `J`~¢ yiv?i,~ i ~ 'E(r0 1' kJ- a S/ y/ 7c. ~ F`` ~ ~ i A•'f . Fir AL. , 3~~1111 y ~ + .~ay~Ary N~,Y f;~~..~y,? p Y~"t ' 1'f` ry ~~It~~ r~'r..++44~^"J,rK J~-r..~ tt t ~r fr C { 'b ~t - ~ ' 'ct.T -1 ?x R-ai dt S ` Yia~•• -1V 5/ ~ ,.1~~ - ' ~~1 ! p •r`a~ 7P, y i - Y i.. '~y'~ 'Y'S ,.'4" ~ ~n ~ r. 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Niebling - Cutchogue t. } October 20, 2011 Looking east at 1 t; eroded bluff. y' • Z is N ~ . - a. ~ . to tt.4 CNJ - it ti, v.',p•.~ 1~+~ `til kA a a 14 ,a ` October 20, 2011 A yE ter , 40. Looking east at 44 eroded bluff. 4itv."' 1 - " - A- Niebling - Cutchogue y W fP. fi~s,~~', ' * ~".:s'.~~~ t_'~ ate., ~y,,~~r€~.~~~p]~~ii.< x -41 October 20, 2011 dW.°J.:.`.a Looking northeast'"" 4 h. ~a~~t t?r ~f i~ r,~ - +~M': aF ' ,{3r <nRly~ ~~r'a+ib' Y}. 1 a r~ at eroded bluff. 0( A Nis , j4 ~+A+C~ ~ - _ - V^ ~Y _ it ~T. ~ . M .01 tJ ~N October 20, 2011 0 a F y , q. .mss W :x Looking north at eroded bluff. -WO New York State Department of Environmental Conservation _ Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 110111111111111116 - Phone: (631) 444-0365 Fax: (631) 444-0360 Website: www.dec.nv.aov Joe Martens Commissioner Laurence and Diane Niebling January 18, 2012 24 Margaretta Road Boonton, NJ 07005-1325 Re: Permit #1 -4738-00648/00007 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, Eug'e R. Zamojcirf Environmental Analyst I G RZ Enclosure NEW* STATE DEPARTMENT OF ENVIRONMENTAL COOVATION DEC PERMIT NUMBER Ah EFFECTIVE DATE 1-4738-00648/00007 some 1/18/2012 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S) Under the Environmental 1/17/2017 Conservation Law TYPE OF PERMIT M New n Renewal n Modification n Permit to Construct n Permit to Operate ? Article 15, Title 5: Protection of Waters ? Article 17, Titles 7,8: SPDES ? Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management ? Article 15, Title 15: Water Supply ? Article 19: Air Pollution Control ? Article 34: Coastal Erosion ? Article 15, Title 15: Water Transport ? Article 23, Title 27: Mined Land Management Reclamation ? Article 15, Title 15: Long Island Wells ? Article 36: Floodplain Management ? Article 24: Freshwater Wetlands ? Article 15, Title 27: Wild, Scenic and ? Articles 1, 3, 17, 19, 27, 37; 6NYCRR Recreational Rivers M Article 25: Tidal Wetlands 380: Radiation Control ? 6NYCRR 608: Water Quality ? Article 27, Title 7; 6NYCRR 360: Certification Solid Waste Management PERMIT ISSUED TO TELEPHONE NUMBER Laurence and Diane Niebling 973-256-3422 ADDRESS OF PERMITTEE 24 Mar aretta Road, Boonton, NJ 07005-1325 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Land Use Ecological Services, Inc., 570 Expressway Drive South, Ste 2F, 631-727-2400 Medford, NY 11763 NAME AND ADDRESS OF PROJECTIFACILITY Niebling Property, 10020 Nassau Point Road, Cutchogue, NY 11935 SCTM # 1100-119-1-18 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Great Peconic Bay E: 715.5 N: 4540.8 DESCRIPTION OF AUTHORIZED ACTIVITY: Construct a 4'X 70' timber walkway, 6' X 10' open grate platform, beach access stairs and bluff stabilization with stone, sand and plantings. All work shall be done in accordance with the attached plans prepared by Land Use Ecological Services, Inc., last revised 1/4/2012 and stamped NYSDEC approved on 1/18/2012. L By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as art of this permit. DEPUTY PERMIT ADMINISTRATOR: ADDRESS Susan V. Ackerman (GRZ) Region 1 Headquarters, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 AUTHORIZED SIGNATURE DATE Page 1 of 5 1/18/2012 NEW" STATE DEPARTMENT OF ENVIRONMENTAL CO VATION SPECIAL CONDITIONS 1. 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. 2. Posting of NYSDEC Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 3. 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 tidal wetlands or protected buffer areas. 4. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than seventy-five (75) linear feet from the tidal wetland boundary. 5. Clean Fill Only All fill shall consist of clean sand, gravel or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 6. No Beach Excavation For Fill No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 7. No Equipment Below Apparent High Water Equipment operation below (seaward) of apparent high water is strictly prohibited. 8. Vegetate All Disturbed Areas The permittee shall revegetate all exposed faces and/or disturbed areas to prevent soil erosion prior to project completion or the expiration date of this permit, whichever comes first. 9. No Alteration of Bluff for Stairway Alteration of the existing grade of the bluff or hill during construction of the stairway is prohibited. Alteration of the existing grade of the bluff or hill during construction of the stairway is prohibited. 10. Stairway Design Projects involving the repair or replacement of an existing stairway or walkway, or sections thereof, shall not exceed the width of the existing structure as depicted on the approved plans or a maximum of 4 feet, whichever is greater. 11. Dune Restoration The dune restoration shall be completed within 30 days of the completion the authorized substructure (revetment, geotubes, bulkhead, etc.) as shown on the NYSDEC approved plan and cross-section. 12. Plant Beach Grass The area of fill placement shall be planted with American Beach Grass planted 12 inches on center during the first growing season following placement, but not more than 6 months following the placement of fill. The permit holder shall maintain a beach grass survival rate of at least 85% after 3 years. Any grass planted after April 15 of any calendar year shall be irrigated. 13. Maintain Reconstructed Dune Substructure If the substructure (e.g., approved revetment, geotubes and/or bulkhead as shown on the approved plans) of the reconstructed dune becomes exposed at any time, the permit holder shall cover the structure with upland sand of a compatible grain size within 30 days of discovering the exposure. If the permittee fails to comply with these requirements, the structure shall be removed by April 15. The permittee must notify the Bureau of Habitat Manager of the erosion occurrence and submit a Notice of Commencement prior to placing any sand. The Notice must include a description/photo of the exposure and the quantity and source of sand required to restore the approved cross-section. DEC PERMIT NUMBER Page 2 of 5 1-4738-00648/00007 N RK STATE DEPARTMENT OF ENVIRONMENTAL RVATION SPECIAL CONDITIONS 14. Tidal Wetland Covenant The permit holder shall incorporate the attached Covenant (or similar Department- approved language) to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land in perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days and prior to commencement of any regulated activity at the site to: Bureau of Habitat-TW SUNY @ Stony Brook, 50 Circle Road Stony Brook, New York 11790-3409 Attn: Compliance DEC PERMIT NUMBER Page 3 of 5 1-4738-00648/00007 NEW STATE DEPARTMENT OF ENVIRONMENTAL CO VATION GENERA NDITIONS - Apply to ALL Auth ed 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 or Modifications 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, Region 1, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790. 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for Freshwater Wetlands, Tidal Wetlands and Rivers' permits. 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; G. 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; e. 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 Transfers Permits are transferrable with the approval of the department 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 Department 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 rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee 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 be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee 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. DEC PERMIT NUMBER Page 4 of 5 1-4738-00648/00007 NE RK STATE DEPARTMENT OF ENVIRONMENTAL CQbLSERVATION ADDITIONAL GENERAL CO IONS FOR ARTICLES 15 (TITLE 5), 24, 4 AND 6NYCRR PART 608 1. 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 Department 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. 2. 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. 3. All necessary precautions shall betaken 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. 4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across or along the bed of a waterway or floodplain, deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There shall be no unreasonable interference with navigation by the work herein authorized. 6. 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. 7. If granted under 6NYCRR Part 608, 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. 8. 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 and, if required, a survey. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Land Use Ecological Services, Inc., last revised 1/4/2012 and stamped NYSDEC approved on 1/18/2012. DEC PERMIT NUMBER Page 5 of 5 1-4738-00648/00007 TICE OF COMMENCEMENT OF CONSTRU N Am RETURN THIS FORM TO: COMPLIANCE Or Fax to: 631-444-0297 Am Bureau of Habitat-TW 50 Circle Road - Stony Brook, NY 11790-3409 PERMIT NUMBER: EXPIRATION DATE: PERMITTEE NAME & PROJECT ADDRESS: CONTRACTOR NAME & ADDRESS: TELEPHONE: Dear Sir: Pursuant to the special conditions of the referenced permit, you are hereby notified that the authorized activity shall commence on . We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions. The permit, permit sign, and approved plans will be available at the site for inspection in accordance with General Condition No. 1. (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANYASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line x NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO: COMPLIANCE Or Fax to: 631-444-0297 _ Bureau of Habitat- TW 50 Circle Road v Stony Brook, NY 11790-3409 - PERMIT NUMBER: EXPIRATION DATE: PERMITTEE NAME & PROJECT ADDRESS: CONTRACTOR NAME & ADDRESS: TELEPHONE: Pursuant to special conditions of the referenced permit, you are hereby notified that the authorized activity was completed on We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. 95-20-1 (11 W) -9d New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator Permit Number ROGER EVANS Expiration Date D NOTE: This notice is NOT a permit ti aR~ 9~cS' N 'pQ CO, ti LOT v 86 To Rat ~ I GOC~~p?Y , P w # 11 j PZQ~ J~Q`'2~PO 'ASPHALT O rYry DRAIN F. NYSDEC APPROM AS PER TERMS SEE DETAIL DRAWING i ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ l i ¦ ! ¦ ¦ ¦ ¦ ¦ ¦ ¦ PERMIT NO I L PROPOSED 4'x70' <6 toRc~F. DATE l~k ¦ TIMBER WALK OVER; 4J S~~ G~ EXISTING CONCRETE WALK.'' it' PRP R ¦ Lu ¦ CONCRETE WAL DECK G J~~E ® w ® PROPOSED PROPOSED TO REM, IN ¦ ¦ 6'r 10' OPEN GRATE ¦ ® PLATFORM ¦ PROPOSED STAIRS ¦ (4'055) BRICK S _ LOT NOTES: & CONC. ¦ - 84 ¦ WALL ® 1. THESE PLANS AND SECTIONS ARE REFERENCED TO SURVEY PREPARED BY PECONIC SURVEYORS, P.C., LAST REVISED 5-13-2011. ¦ °q - ® 2. TIDAL WETLANDS LINE IS SYNONYMOUS WITH THE AHWM AS OBSERVED BY ® \t ¦ LAND USE ECOLOGICAL SERVICES, INC. ON 10-20-2011. ¦ STONE ¦ WALL - - ¦ ¦ CAF C2~, ,N m _ - ¦ y,~~°a~a ¦ 30' 0 30' ¦ 9~~P0 % EXISTING STAIRS 'C ~iy S N ¦ TO BE REMOVED ~y yly,`-`,, WITH PORTION DE 9~ ~i 'C~`\ -_~10 s~ »ttE ¦ CONCRETEEMALK NIEBLING ¦ _ ¦ At 10020 NASSAU POINT ROAD SITE PLAN ¦ _ PROPOSED \15-24" STONE (500-1.0001-9) ¦ CUTCHOGUE, NY 11935 ¦ PLACED ON FILTER FABRIC (100± LINEAR FEET) ¦ COVERED WITH 50±cyds CLEAN SAND FROM ¦ UPI L T~ ECOLOGICAL T SERVICES, IN C Compiled by: D.H. Date: DEC 12, 2011 SUFFOLK COUNTY TAX MAPS: ¦ AND SOURCE TO RESTORE SLOPE AND LAID USE 'i. PLANTED WITH BEACH GRASS ON 12" CENTERS. Prepared by: R.K. Scale: AS SHOWN 100-119-1-18 570 EXPRESS DRIVE, SUITE 2F project Mgr. D.H. File: NIEBUNG ¦ Medford, New York 11763 (631) 727-2400 °"'"'"1OF3 Rev: 07-04-12 CONCRETE WED BECK GP~Q~ 1 PROPOSED PROPOSED TO REMAIN i j 5'x 10, OPEN GRATE PLATFORM I, PROPOSED STAIRS (4'x 15') BRICK & CONC. WALL ~.1 .i , I 1 ~ - • STONE `L <G WALL 00 EXISTING STAIRS NOTE: TO BE REMOVED S\ TIDAL WETLANDS LINE IS SYNONYMOUS TO WITH PORTION of WITH THE AHWM AS OBSERVED BY • CONCRETE WALK LAND USE ECOLOGICAL SERVICES, INC. TO THEM V'S• 1~1~ ON 10-20-2011. PROPOSED 18-24" STONE (500-1,000LB) PLACED ON FILTER FABRIC (100± LINEAR FEET) \ COVERED WITH 50±cyds CLEAN SAND FROM N UPLAND SOURCE TO RESTORE SLOPE AND PLANTED WITH BEACH GRASS ON 12" CENTERS. ""PMF0101C NIEBLING nna: M, 10020 NASSAU POINT ROAD DETAIL CUTCHOGUE, NY 11935 LAND USE ECOLOGICAL SERVICES, INC Compiled by: D.H. Oct.. NOV 11, 2011 survox COUNTY TAX Map: 20' 0 20' 570 EXPRESS DRIVE, SUITE 2F prepared by: R.K. Scale: AS SHOWN 100D-115-1-1e Medford, New York 11763 (631) 727-2400 Project Mgr: D.H. File: NIEBUNG ~ Rev: 01-04-12 2 OF 3 I PRCPCxU 4 170' LIMBER WFLM 6,H EXISTING CONCREIyTE .&H I ExlsrmW crsnoE • ~ ~ I • 1 I I I, ' 15 ~F II II ; n~nNaGwDE } _ ,I . II l I I I T E I I L I I CONC RUE REiE WPLN ON LWDE TO ]II PEINH L J I I I III ~ 1 MWM 12'Y 1'ri TIMBER POST 1 Y INTO MOND MY BME MEWS I " _t SHWN fi -0' MN. (1YP.) PROPOSED TO BE FILTER 12 . CENTERS Esc RDwED TOE STONE PELOW C0 PXOPOSEO IB-2~ 9a0NE (SOD-I.000LE) BELOW MOE UCE? ON FILLER ROC (1003 LINE FEET) COVERED WITH SOYCY<a CLEW 'MO FRON UPUND SOURCE TO NESTORE SLOPE AND PUNTED WITH BEMH GRASS ON 12 CENTERS. SECTION VIEW • SCALE: 1' = 10' NOTE: TIDAL WETLANDS LINE IS SYNONYMOUS WITH THE AHWM AS OBSERVED BY LAND USE ECOLOGICAL SERVICES, INC. ON 10-20-2011. PRPwea f°B NIEBLING 1O1i AT 10020 NASSAU POINT ROAD SECTION VIEW CUTCHOGUE, NY 11935 LAND USE ECOLOGICAL SERVICES, INC Compiled by: D.H. Date: DEC 12. 2011 SUFFOLK COUNfl TAX MM#: 570 EXPRESS DRIVE, SUITE 2F Prep,md by: R.K. Scale: AS SHOWN 1000-119-1-18 Medford, New York 11763 (631) 727-2400 Project Mqr: D.H. File: NIEBUNG ~ Rer. 01-02-12 3 OF 3 Niebling - Cutchogue, NY EASTaegN.IJI~ nEfn 2UTCHOGU C ~P 'E5~ J i i Pp 0 + mOW = ~E^E EwIE, HOG NECK ° tE E W ~ B V .v B A Y W AK s o 3 a on Lys °O~L- i ~~y ~nasaN e' oe °a9e Ste ~°J 1 A Xay[our Wzf'-r :war f •9 . N4 AN z LITTLE +E HOG NECK OtD IC7 ~ !/orsesAPr ~E ~ 1,~ Covr o` P ¢ XIN4ip~,. Cppr NLFX r` 4 CAR V !`l} RD NASSAU noo POINT N tiillE _ VF-i J 1\\v11Vh P Wunneweta P and >p ~ L' CCf.Nw.iEp tI ~~o I ~ i I Nassau Point Quadrangle: Southampton Land Use Ecological Services, Inc. 570 Expressway Drive South, Suite 2F Location map taken from Suffolk County Atlas, (Hagstrom) Medford, NY 11763 40°39'24.45" North (coordinates are center of project site) Tel. 631-727-2400 Fax.631-727-2605 72°26' 17.08" West y w I N o \ LITTLE 34 t a r i arcoNrc 112 vein o~t o \ S \ r ~'I _ COUNTY OF SUFFOLK © " .o..a awman sECrrow wa rz~l C - p mom.. tlO1 p ]jam RealP tOPeMpTdx Serv'fR /19enC/ E .v.o- 119 Land Use i March 15, 2012 Town of Southold Board of Town Trustees PO Box 1179 Southold, NY 11971 Attn: Ms. Lauren Standish RE: Application for Permit Niebling - Cutchogue Dear Ms. Standish: Enclosed please find the required $50.00 final inspection fee due in regards to the above referenced project. If there are any questions please do not hesitate to contact me. Thank You. Sincerely, an all Land Use Ecological Services, Inc. DH Enc. 570 Expressway Drive South, Suite 2F • Medford, New York • 11763 631-727-2400 • Fax 631-727-2605 Land Use February 24, 2012 Town of Southold Board of Town Trustees PO Box 1179 Southold, NY 11971 Attn: Ms. Lauren Standish RE: Application for Permit Niebling - Cutchogue Dear Ms. Standish: As per the Trustee's meeting held on February 22, 2012 for the Niebling application; please find (3) sets of revised plans. These plans have been revised to reduce the proposed platform to be 4'x8' (32s.f.) and depicts the platform shifted to the north as to not disturb any of the existing Red Cedar Trees that exist at the site. If there are any questions or if any additional information is required please do not hesitate to contact me. Thank You. Since Dan Hall Land Use Ecological Services, Inc. DH Enc. 570 Expressway Drive South, Suite 2F • Medford, New York • 11763 631-727-2400 • Fax 631-727-2605 OFFICE LOCATION: Barg so A MAILING ADDRESS: Town Hall Annex ~O l0 P.O. Box 1179 54375 State Route 25 i Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) T Southold, NY 11971 G Q Telephone: 631 765-1938 Fax: 631765-3136 4S ~IyMu LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President FEB 1 7 2012 Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: February 17, 2012 Re: Proposed Wetland Permit for LAWRENCE NIEBLING SCTM#1000-119-1-18 Land Use Ecological Services, Inc. on behalf of LAWRENCE NIEBLING requests a Wetland Permit to construct a 4'X 70' timber walkway over an existing deteriorating concrete walkway leading to a proposed 6'X 10' open grate platform with 4'X 15' stairs proposed for beach access; existing stairs with the portion of the concrete walkway to be removed; install 100+/- If. of 18-24" stone (500-1000 lb.) on filter fabric along the eroded scarp at the toe of the existing bluff; 50+/- cy. of clean sand from an upland source is proposed to cover the stones and restore the bluff slope and planted with beach grass on 12" centers; and all bare areas on the bluff face to be planted with Beach Grass on 12" centers. Located: 10020 Nassau Point Rd., Cutchogue. SCTM#119-1-18 The proposed action (construct a 4'X 70' timber walkway over an existing deteriorating concrete walkway with 4'X 15' stairs proposed for beach access; existing stairs with the portion of the concrete walkway to be removed; install 100+/- If. of 18-24" stone (500-1000 lb.) on filter fabric along the eroded scarp at the toe of the existing bluff; 50+/- cy. of clean sand from an upland source is proposed to cover the stones and restore the bluff slope and planted with beach grass on 12" centers; and all bare areas on the bluff face to be planted with Beach Grass on 12" centers); 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 replacements of bulkheads is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP 1. It is recommended that the Board require survival requirements for the planted vegetation. The construction of a proposed 6'X 10' (60 sq. ft.) open grate platform is not a permissible action pursuant to 275-11 Construction and operation standards, A (6) and is INCONSISTENT with LWRP Policy 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feet. [Amended 10-11-2005 by L.L. No. 17-2005] Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Office Use Only Coastal Erosion Permit Application ~r Wetland Permit Application Administrative Permit _Amendment/Tran fedExtension Received Application: I (a o2 /el \ 1~ReceivedFee:$ CO ~ QGct'10 -~crso) Completed Application _Incomplete _SEQRA Classification: Type I Type 11 Unlisted Coordinatiom(date sent CAC Referral Sent _sDate of Inspection: Receipt of CAC Report: Lead Agency Determination: Technical Review: ./fublic Hearing Held: tY Resolution: L-uJ 9--P Q-? aU a~ Name of Applicant Lawrence Niebling 24 Margaretta Rd. Boonton, NJ 07005 Address Phone Number:( ) 973-256-3422 Ext 212 Suffolk County Tax Map Number: 1000- 119-1-18 Property Location: 10020 Nassau Point Rd. Cutchogue, NY 11935 Please See Location Map (provide LILCO Pole distance to cross streets, and location) AGENT: Dan Hall / Land Use Ecological Services, Inc. (If applicable) Address: 570 Expressway Drive South, Suite 2F, Medford NY 11763 Phone: (631) 727-2400 BoV of Trustees Application • GENERAL DATA Land Area (in square feet): 39,009 s.f. (.9 acre) Area Zoning: Residential previous use of property: Residential Intended use of property: Residential Covenants and Restrictions: Yes X No If "Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals Yes X No If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date Not Known No prior permits/approvals for site improvements. Has any pennit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Proposed Beach Access Stairs and Stone Protection, Please See Attached Project Description • 0 Niebling - Cutchogue Project Description: (1-2-2012) The applicant is proposing stairs for shoreline access, and bluff stabilization and restoration for the eroding bluff. A 4' x 70' timber walkway is proposed over an existing deteriorating concrete walkway leading to a proposed 6'x10' open grate platform with 4'x15' stairs proposed for beach access. The existing stairs with the portion of the concrete walkway leading to them will be removed. 100+/- linear feet of 18-24" stone (500-10001b) on filter fabric is proposed along the eroded scarp at the toe of the existing bluff as depicted on the section view (sheet 3 of 3 of project plans). 50+/- cubic yards of clean sand from an upland source is proposed to cover the stones and restore the bluff slope and planted with beach grass on 12" centers. Any and all bare areas on the bluff face are also proposed to be planted with Beach Grass on 12" centers. 0 Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Applicant proposes this project in order to protect and stabilize the Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: 12'+/-(stairs) feet Closest distance between nearest proposed structure and upland edge of wetlands: 12'+/-(stairs) feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? 0 cubic yards How much material will be filled? 35+/- (stone) cubic yards Depth of which material will be removed or deposited: 1'+/- (below ode) Proposed slope throughout the area of operations: 25-50% (bluff face) Manner in which material will be removed or deposited: The stones will be placed using a small excavator and/or skid ioddei niaxiniurn I' below grade as depicted un pioject plants. 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): There will be no adverse effect on the wetlands or tidal waters as a result of this project. The purpose of this project is to protect the bluff and shoreline area. ! 0 Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: To stabilize and protect the eroding bluff area. Are wetlands present within 100 feet of the proposed activity? No X Yes Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? 0 (cubic yards) How much material will be filled? 35+/- (stone) (cubic yards) Manner in which material will be removed or deposited: The stones will be placed using a small excavator and/or skid loader. Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) There will be no adverse environmental impacts as a result of this pioject. The puipose of this pioject is to piotect the bluff and shonaline- area. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Alan Garmise 9980 Nassau Point Rd. Cutchogue, NY 11935 David Corcoran 38 Sherry Hill Lane, Manhasset, NY 11030 STATE OF NEW YORK COUNTY OF SUFFOLK (^~,.d vSe~~cj cwt ct r itL~ -:PmA residing at V(0 ~Cnt u ^7 -b! xv:? S~ A Zl= being duly sworn, deposes and says that on the day of j~,r./CUa NIL, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at CIO r'o,. I Nq , that said Notices were made t each of aid persons by (certified) (registered) mail. Sworn to bef re me this ,UCI~ i Day of 20 Tanya Lachenmoyer NOTARY PUBLIC.. State of New York No. 01 LA5032219, SUrfolk County , Commission Expiros,August 22,201 No blic • ~Oy~ggFFO(~-COG ti 6 Jaines F. King, President to Town Hall, 53095 Main Rd. Bob Ghosio, Jr. , Vice-President P.O. Box 1179 Dave Bergen Southold, NY 11971 John Bredemeyer ~JO ab~~ Telephone(631) 765-1392 Michael J. Domino Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of LAWRENCE NIEBLING COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 1, met ~JG(~( residing at /dba ( en icloli(A Sgrv~LIAI t'ne ve ~-.~L t ZF~ AA46r~j N (06S St7ci ~~ptt ~7 -b. being duly sworn, depose and say: That on thell~'day of201 I personally posted the property known as "OeUACI - 10020 N-01"ay n/ 1'O n:7 F'd C.,-I~c Og„e' my. by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed, February 22, 2012 on or about 6:00 PM. Dated: gnature) Sworn to before me this gay O 20 1?~- anya Lachenm-~7mr NOT Lachp c, Bate of New York No. 01 LA5032219, -'u f[a lk County Commission Expiry. „ugust 22, 20 I~ Notary u lic NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES. TOWN OF SOUTHOLD In the matter of applicant: McUi (~3 SCTM# loot)- ht - C - YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: ((}}I t'~ 1L r (ecov See /VTluc~z~ { Cojec~ -t)esc; i p-1n 0-N . 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: I i ~d No.ssc.v Po %;,4 " C<ACLc ve, 14 ~1~135 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on:(, You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: _ L W f-e nCe N i e k I t 'n q MAILIN ADDRESS: 2-4 r1GLrvRC _ lice . P43L)A d^ n`,mn- PHONE ' Dr 7 3- ZS( - 3 4 2.2 h Z I Z Enc: Copy of sketch or plan showing proposal for your convenience. • • Niebling - Cutchogue Project Description: (1-2-2012) The applicant is proposing stairs for shoreline access, and bluff stabilization and restoration for the eroding bluff. A 4' x 70' timber walkway is proposed over an existing deteriorating concrete walkway leading to a proposed 6'x10' open grate platform with 4'x15' stairs proposed for beach access. The existing stairs with the portion of the concrete walkway leading to them will be removed. 100+/- linear feet of 18-24" stone (500-10001b) on filter fabric is proposed along the eroded scarp at the toe of the existing bluff as depicted on the section view (sheet 3 of 3 of project plans). 50+1- cubic yards of clean sand from an upland source is proposed to cover the stones and restore the bluff slope and planted with beach grass on 12" centers. Any and all bare areas on the bluff face are also proposed to be planted with Beach Grass on 12" centers. o~~ 9ss ~o - m°v O n 09 2 LOT v 86 GOtJ~P~Y 1 , CD w ~`TASPHAL7 I 3rd DRAIN v QG~~ SEE DETAIL DRAWING i ) - Rooms PROPOSED 4'x70' 16 ' ZC~JS~ TIMBER WALK OVER; h' ti~ iS~O EXISTING CONCRETE WALN.' / S_/ P„p~~ CONCRETE WA •,Jl DECK GJC~'Q i® PROPOSED PROPOSED TO REMgIN q ® 6'x Ca• OPEN GRATE PLATFORM PROPOSED STAIRS &BRII K O NOTES: 84 ® WALL ® 1. THESE PLANS AND SECTIONS ARE REFERENCED TO SURVEY PREPARED BY ® PECONIC SURVEYORS, P.C., LAST REVISED 5-13-2011. 2. TIDAL WETLANDS LINE IS SYNONYMOUS WITH THE AHWM AS OBSERVED BY LAND USE ECOLOGICAL SERVICES, INC. ON 10-20-2011. ® \,T B STONE " Q 20 i T CG WALL - 30' 0 30' EXISTING STAIRS -45 S 1 TO BE REMOVED WITH PORTION OF 9 y CONCRETE WALK NIEBLING T TO THEM 10020 NASSAU POINT ROAD SITE PLAN PROPOSED I8-24" STONE (500-,,0001-9) CUTCHOGUE, NY 11935 i PLACED ON FILTER FABRIC (t 00t LINEAR FEET) GL COVERED WITH 50tcyds CLEAN SAND FROM UPLAND SOURCE TO RESTORE SLOPE AND LAND TtCF ECOLOGICAL SERVICES, FSERVICES, 1~1 L' Complied by: D.H. Dafe: DEC 12, 2011 SUFFOLK COUNTY TAX MAPS: j PLANTED WITH BEACH GRASS ON 12" CENTERS. V L 570 EXPRESS DRIVE, SUITE 2F Prepared by. R.K. Scale: AS SHOWN 100-119-1-18 palliz m Rim In ! IM IN Bell Eliff m Im 0 is m m a Im Im Im m Iz Iff m a m In Im Medford, New York 11763 (631) 727-2400 Project Mgr. D.H. File: NIE9UN0 1 OF 3 Re: 01-04-12 wa CONCRETE WAL ' I PROPOSED j DECK PROPOSED TO REMAIN I 1 6'x10' ~I OPEN GRATE PLATFORM j j I PROPOSED 'STAIRS (4'x15') - BRICK ' I, Ir ~ & CONC. WALL 1 ! ti ' I C; IN\ \ t, % ( \ 01-1 63 STONE WALL TAP FO ~O Irk r ©r t EXISTING STAIRS NOTE: NNIN To BE REMOVED rye y~ \ - TIDAL WETLANDS LINE IS SYNONYMOUS WITH PORTION OF ''6'e• t? WITH THE AHWM AS OBSERVED BY CONCRETE WALK TO THEM LAND USE ECOLOGICAL SERVICES, INC. 1, NNI"I' I" - ON 10-20-2011. PROPOSED 18-24" STONE 500-1,00018) PLACED ON FILTER FABRIC ~100t LINEAR FEET) 1 COVERED WITH 50tcyds CLEAN SAND FROM N 1 UPLAND SOURCE TO RESTORE SLOPE AND PLANTED WITH BEACH GRASS ON 12" CENTERS. eR° `D p NIEBLING A. 10020 NASSAU POINT ROAD DETAIL CUTCHOGUE, NY 11935 20' 0 20' LAND USE ECOLOGICAL SERVICES, INC Compiled by: D.H. Dale: NOV 11, 2011 SUFFOLK COUNTY TAX MMJ: 570 EXPRESS DRIVE, SUITE 2F Prepored by: R.K. Scale: AS SHOWN 1000-119-1-18 Medford, New York 11763 (631) 727-2400 Proj.ct Mgr: D.H. RI.: NIEBLN0 Rev: 01-04-12 p"""'"` NO. 2 OF 3 70P-SEO C,)D' TIMBER W0.x II II a. E.G. CONCRETE W0.H III' z~I~ I ~l li ~'ISTwG dRHCE -t.-t I - I - - II + II I it II II IF 0 II II II II ~ If ~ II , II ~i p II II EYITBIO u _ - mNCGETE TO - I I t 1 Dx GAMIC TO REMUn ti\tFYY ,I., 1_I NwIN I$' ? i\' )IMBER 'GS'j ROD G -N. pO O NN PN RAN ME TO EBE PETER -•t SXwM S'-O' TO (D PRCPR TN BE PWiIGR WI1N r1BNC -1)- BFACN GRASS ON LI I]' CENTERS ESGp1P II u n OE STONE PROPOSED IPROPOSED (RUTH 1E ((S'C''O-I W0.B) p0.ELOW GRADE PULED ON aL1ER PP&ilC OS IINm FEET) ENT IG)P0 15 OttI rRESt~E SLOVE YFRO I N PUNTED WITH BELCH CRASS ON ID' CENTERS. SECTION VIEW SCALE: 1' = 10' NOTE: TIDAL WETLANDS LINE IS SYNONYMOUS WITH THE AHWM AS OBSERVED BY LAND USE ECOLOGICAL SERVICES, INC. ON 10-20-2011. PP°NEO'°R' NIEBUNG TRUD a 10020 NASSAU POINT ROAD SECTION VIEW CUTCHOGUE, NY 11935 LAND USE ECOLOGICAL SERVICES, INC Complied by: D.H. Oct.: DEC 12, 2011 SUFFOLK COUNTY TAX MAPI: 570 EXPRESS DRIVE, SUITE 2F Prepared by: R.K. SCDIe: AS SHOWN 1000-119-1-18 Medford, New York 11763 (631) 727-2400 Projeel Mqr: D.H. FlIe: NIEBUNo Dw.wlxc xD. ftev: 01-02-12 3 OF 3 PROJECT ID NUMBER 61720 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME D Hall/Land Use for Niebling Niebling - Cutchogue &PROJECT LOCATION: Southold Suffolk Municipality County 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc - or Provide mao 10020 Nassau Point Rd. Cutchogue, NY 11935 Please see location map 5. IS PROPOSED ACTION : ? New ? Expansion 21 Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: Please See Attached Project Description. 7. AMOUNT OF LAND AFFECTED: Initially .9+/- acres Ultimately .9+1- acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? Yes ? No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Residential ? Industrial ? Commercial ?Agriculture ? Park / Forest /Open Space ? Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) P1 Yes ?No If yes, list agency name and permit / approval: USACE, NYSDOS, & Southold Trustees 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ?Yes No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es ? No I CERTIFY THAT THE NFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / S sor Name Dan H Lan Use Ecological Services, Inc. Date: December 6, 2011 Si nature I L If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 0 PART II - IMPACT ASSESSMENT To be completed b 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. D Yes D 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. n Yes E] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers 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 neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: F D4. A community's existing plans or goals as officially adopted, or a change 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 briefly: C6. Longterm, short term, cumulative, or other effects not identified in Cl-C6? Explain briefly: F C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly: F D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CFA 7 If es, explain briefly: Yes ' No F I _ 17 E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If es explain: Yes ? No d PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance mustevaluate the potential impactof the proposed action on the environmental characteristics of the CFA. Check this box if you have identified one or more potentially large orsignificant adverse impacts which MAY occur. Then proceed directlyto the FUL 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 actin WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature o Responsible Officer in Lead Agency Signature o reparer (If different from responsib a officer) PART It - IMPACT ASSESSMENT To be completed b 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. 0 Yes 21 No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? It No, a negative declaration may be superseded by another involved agency. ? Yes a No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten. If legible) C1. Existing and quality, surface or groundwater quality or quantity, noise levels, a 4sling traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, hlstodc, or other natural or cultural resources; or community or neighborhood character? Explain briefly: F C3. Vegetation or fauna, fish, shellfish or wildlife spedes, significant habitats, or threatened or endangered species? Explain briefly. C4. A community's existing plans or goals as onidafly adopted, or a change 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 briefly: C6. Longterm, short ten, cumulative, of other effects not identified in CI-C5? Explain briefly: C7. Other rm acts including changes in use of either quantity or type of energy? Explain briefl : D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CFA? If es explain briefl : ? Yes Q No E. IS THERE, OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If s explain: Q Yes a,No PART 111- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: ForeachadvemeelfectIdentified above, deterninewhelherttissubstantial,large, Importantorotherwise significant Each effect should be assessed in connection with its (a) setting (.e. urban or rural); (b) probabifay of occurring; (c) duration; (d) breveretbiidy; (e) geographic scope: and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detall to show that ah relevant adverse impacts have been identified and adequately addressed. Nquestion d of partt was checked yes, thecieternination ofsgnificanoe mustevaluate the potential inpactoftheproposed action on the environmental characteristics oft heCFA. Check this boxifyouhaveIdentified one amore potentially ThenproceeddirectlylotheFULI EAF andfor prepare a positive declaration. Check this box If you have detemlkled, based on the information and analysis above and any supporting documersalion, that the proposed actiox WILL NOT result in any significant adverse emhoh menial Impacts AND provide, on attachments as necessary, the reasons supporting fit determination. Board of Trustees Name of Lead Agency Date J~/9/p9L~ /G /~/y~ President Print or T e Flame of Resib a Officer In Lead Agency Tide of Responsible Officer `s4 Y+<o 6"' S' alure of Responsible Unroof ad Agency Signature reparer (If different from responsible officer • » Niebling - Cutchogue Project Description: (1-2-2012) The applicant is proposing stairs for shoreline access, and bluff stabilization and restoration for the eroding bluff. A 4' x 70' timber walkway is proposed over an existing deteriorating concrete walkway leading to a proposed 6'x10' open grate platform with 4'x15' stairs proposed for beach access. The existing stairs with the portion of the concrete walkway leading to them will be removed. 100+/- linear feet of 18-24" stone (500-10001b) on filter fabric is proposed along the eroded scarp at the toe of the existing bluff as depicted on the section view (sheet 3 of 3 of project plans). 50+1- cubic yards of clean sand from an upland source is proposed to cover the stones and restore the bluff slope and planted with beach grass on 12" centers. Any and all bare areas on the bluff face are also proposed to be planted with Beach Grass on 12" centers. ofr . Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM yF PxorearY touTgn: s.c.T.M.ik THE FOLLOWING AUrUM MAY REQUIRE THE SUEMMM OF A i 1000 119 1 18 AND MWSWN CONTROL PLAN c3 E;Er 'yard -R6cT -re CE FIED BY A DESIGN P STATE of NEIM YORK SCOPE OF WORK - PROPOSED CONSTRUCTION ITEM # / WORK ASSESSMENT Yes No a. What is dre Total Area of the Project Peaces? I Will this Project Retain AN Storm-Wa6er Run-Of (include Total Ares of all Pancake located within • 9 Acre Generated by a Two (2*) Inch Rainra0 on Site? the Scope of Work for Proposed Conatmctlon) (S.F. /item) (This hem will include ad/ run-off eressied bysjte _ ? b. What is the Total Area of Land Clearing clearing andfor conslreaton activities as well as all ardtor Ground Disturbance for the proposed 600+/- s f Site Improvements and the permanent creation of construction activity? Impervious surfaces.) (9.F. /Anml 2 Does the Site Plan and/or Survey Show AN Proposed PROVIDE END PROJWr DESCRIPTION Iyrmb.AmadPepraxaemrh Drainage Structures Indicating Size& Location? This X ? Item shall Include all Proposed Grade Changes and Slopes Controlling Surface Water Flow. Please See Attached 3 Does the Site Plan andfor Survey describe the erosion - a and sediment control practices to will be used to X Project Descri tion. control site erosion ad storm water' discharges. This tam must be mair"ned dwnughout tls Entire Construction Period. 4 Will this Project Require any Land Filling, Grading or Excavation where there k a change to the Natural ? X Existing Grade Involving more than 200 Cubic Yards of Material within any Parcel? fj Will this Application Require Land Disturbing Activities Encompassing an Area in Excess, of Five Thousand ? X (5,000 S.F.) Square Feet of Ground Surface? 6 Is there a Nalural Water Course Rexnkng through the Site? Is tots Ro)ect when the Trustees Jurlsdkibn caramel OW SWPPP Reau a rn.rr4: or, within One Hundred (10V) feet of a Welland or SubmbNon are SWPPP Is required far as construction mothWee inwhtog aril Beach? 4wabancas dote (t) a news saes; txlding aeorbacasdtess Man one roe that 7 WE there be Site preparation on Existing Grade Slopes are Part da larger common plan that will dwnately drshub am mama erasafland: which Exceed Fifteen (15) feet of VeNcal Rise to X indorahg ConsWdbn arlaMas Involving aril disturbances of leas than arm(1)acm where One Hundred (100')Of FI01120rhte1 Distance? the DEC has dsmmined that a SPDES permit is required far storm w*w diadngea. (SWPPPs Shall wool the MlNnm n Ran hannonle of Ma SPMS Ratan, Patna 8 WIN Driveways, Parking Areas or other Impesvkms for Rome Water Otechargea from construction activity -Permit No. GP-040401.) Surfaces be Sloped to Direct Storm-Water Runs(W X 1. The SWPPP steal be prepared prior to the auhn Wat d the NDI. The Not West be Into and/or M the direction of a Town righRPRwey/ eubwAld to the Department pdorbtlheoarnrr,sr,oenharht der Woklon scr ay. 2.The SWPPPataadoemp themoaan and seaRcem canted practices and whoa 9 WIN this Project Require the Placement of Material, required, posPcorabctien storm water monegerm nt practices that will be used and/or Removal of Vegetation and/or the Construction of airy X constructed to reduce gm polalents to storm water discharges and to aearre Rem Within the Town Right-of•Way or Road Shoulder compliance with it* terms and conditions of this parndL In ataMon. the SWPPP shall Araey(rN.uw~, wturgrrawe. a.r,rrwsr, eeo,a...yaoce,a) Identify potenitet sources of pollution which may reasonably be expected to ~ it* alualtiy datorm water dbcaamgas. NOTE: NAny Arawarte Qumtlome0ce Wragh Nita le Araearodwith a Chock Mork 3. AN SWPPPs amt require the GOSH:aha6hrctbn haomn water menegamem reaction In a eex and Me eqilsYucam site dbhatim,to win ti M&F.LIAr inarea, component anal be prepared bye qualified Design Profess" lxwaed in New Yark a8mrmalber, Ortlng, Orekapea Erabn Canard Prenletetwiedbytarownd and MwtM9nernitlau for Review Pdarb teararrm of Any &Adrg Ferraris that is knowledge" in the panciples and practices of shun, Water Mmagenwm. (NOTE: toTe: AO,edmabRl~) eMbrAnsewtbread, Quatlonb lOgmiad MaGbnablr Applwbn) STATE OF NEW YORK, Suffolk COUNTY OF SS Land Use Ecological Dan Hall ash ....j,, being duty swom, deposes and says that he/she is the applicantfor Permit, 1'hail . ...............~ta~ai+y'~hg And that he/she is the Agent . (tracer, Cantrador, AgwH, Ceraa'aM gllmr, ate) Owner and/or representative of the Owner m Owners, and is duly authorized to pe form m have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed herewith. Swore to ore me this; day oft lK.!f , 20.1L Notary ........1........... Sources of App FORM - 06110 yaiachenmeyer NOTARY PUBLIC, State of NOW York No. 01 LA5032219. Suffolk County Commission Expires. August 22, 201J Niebling - Cutchogue Project Description: (1-2-2012) The applicant is proposing stairs for shoreline access, and bluff stabilization and restoration for the eroding bluff. A 4' x 70' timber walkway is proposed over an existing deteriorating concrete walkway leading to a proposed 6'x10' open grate platform with 4'x15' stairs proposed for beach access. The existing stairs with the portion of the concrete walkway leading to them will be removed. 100+/- linear feet of 18-24" stone (500-10001b) on filter fabric is proposed along the eroded scarp at the toe of the existing bluff as depicted on the section view (sheet 3 of 3 of project plans). 50+/- cubic yards of clean sand from an upland source is proposed to cover the stones and restore the bluff slope and planted with beach grass on 12" centers. Any and all bare areas on the bluff face are also proposed to be planted with Beach Grass on 12" centers. 0 0 Board of Trustees Application County of Suffolk State of New York ~IXN, ~Ar BEING DULY SWORN DEPOSES A 14D AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND 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 F THIS AP LIGATION. Signa re 1 /,200 SWORN TO BEFORE ME THIS~_DAY OF~ t• N t blic Tanya Lachenmeyer NOTARY PUBLIC. State of New York No. 01LA5032219. Suffolk County Commission Expires, August 22,2o 1 1 Ord of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, LCtkce ice a e1o~;~~ residing at 44WVLcgate"C, V-ck (print owner \\ofproperty) (mailing address) ~c ~oc-'~Oti NJ cirrs do hereby authorize La \we- l (Agent) g ey CRS/ -t4,to apply for perm it(s) from the South d Board of Town tees on my behalf. Gtr (Owner's signature) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the art of town officers and employees. The purpose o this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. T 1 U k ES (co cam( YOUR NAME: iiC,~ I La~~e1 / Sknsj%. , Snc. (Last name, first nam middle initial, unless you are applying 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 X Approval of plat mooring Exemption from plat or official map Planning Other (If "Other", 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 Southold? "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 antd~ sign where indicated. pl(iA N I rti Name of person employed by the Town of South Title or position of that person AHI I u Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The 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-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF IL~~NSHIP Submitted this 6 d. CILM 96&_ Signature 1 Print Name La r. Awl. Svtt _ Form TS 1 0 0 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: IV i,e ~rhL0.u reb~Cc-- (Last name, first names(niddle initial, unless you are applying in the time 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 Mooring Exemption from plat or official map Planning Other (If "Other", time 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 Southold? "Relationship" includes by blood, manage, 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 I 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 applicantlagent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The 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-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or _D) the actual applicant. DESCRIPTION OF RELATIONS P I Submitted thi L~day of, ~P Kht r- 204 1 Signature «tz X z ~ Print Nam LCLK11:11- t N;c~Ulit.ce. Form TS I JVOTSNA PATEL Notary Pume State of New Jere" ~°Z' ( My COMNSSlon EX91mNett 12.2014 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. 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. 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. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. 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# 119 _ 1 _ 18 The Application has been submitted to (check appropriate response): Town Board E Planning Dept. E Building Dept. [E Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 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: Proposed beach access stairs an stone protection ; ease See Attached Project Description. Niebling - Cutchogue Project Description: (1-2-2012) The applicant is proposing stairs for shoreline access, and bluff stabilization and restoration for the eroding bluff. A 4' x 70' timber walkway is proposed over an existing deteriorating concrete walkway leading to a proposed 6'x10' open grate platform with 4'x15' stairs proposed for beach access. The existing stairs with the portion of the concrete walkway leading to them will be removed. 100+/- linear feet of 18-24" stone (500-10001b) on filter fabric is proposed along the eroded scarp at the toe of the existing bluff as depicted on the section view (sheet 3 of 3 of project plans). 50+1- cubic yards of clean sand from an upland source is proposed to cover the stones and restore the bluff slope and planted with beach grass on 12" centers. Any and all bare areas on the bluff face are also proposed to be planted with Beach Grass on 12" centers. • ! 10020 Nassau Point Rd. Cutchogue NY Location of action: .9+/- Site acreage: Present land use: Residential Present zoning classification: Residential 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: Lawrence Niebling 24 Margaretta Rd. Boonton, NJ 07005 (b) Mailing address: (c) Telephone number: Area Code (973)256-3422 Ext 212 (d) Application number, if any: Not yet Known Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes 0 No ? If yes, which state or federal agency? NYSDEC, USACE, and NYSDOS 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 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 Z Not Applicable 0 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 Yas No Not A licable T ' prolecQll noQve any-negative impacts on the visual quality or scenic resources of the Town of Southuld. 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 ~ No 0 Not Applicable The purpose of the proposed project is to protect and stabilize the severely eroded shoreline area. he proposed stone will protect the site and reduce the potential or any additional flooding and or erosion at the site. 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 Tft p'W-890? j~ Mf Affl~€ Wsion and sedimentation I siltation of the Peconic Bay and will . . watel quality of t' ie Peconic Bay. This project will not I ave a, y ii i 1pact on watel supply. 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 0 No Not Applicable If needed, any existing tidal wetland area will be protected at the site during construction activities by using a line of haybalesislit fence between the tidal wetland area and the existing structures arid work are Construction activities will occur during w tide cycles reduce I I c 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 ? No © 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 III - Policies; Pages 38 through 46 for evaluation criteria. ? YeAD No © 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 uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes ? No ® Not Applicable 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. Zp*~Tbsp-(Ud~Vc tU WfM%te sustainable use of living marine resources in the Peconic Bay sedimentation 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 - Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No © Not Applicable Created on 5125105 11:20 AM Land Use ftm~~~ January 5, 2012 Town of Southold Board of Town T.st.°,°S PO Box 1179 _ 6 2C12 Southold nN 11971 RE: Application for Permit Niebling - Cutchogue Dear Sir or Madam: Enclosed please find an application package containing one original and two copies of the following: • (3) Application Form • Application Fee • (3) Short Environmental Assessment Forms • LWRP Consistency Assessment Form • Owner's Authorization • Transactional Disclosure Forms • (3) Survey/ Site Plans • (3)Sets of Photographs • (3) Location Maps • (1) Original and (2) copies of the Town of Southold Erosion, Sedimentation & Storm-Water Run-off Assessment Form. If you have any questions or require further information, please contact this office. Thank you. Sincerely, Dan Hall Land Use Ecological Services, Inc. DH Enc. 570 Expressway Drive South, Suite 2F • Medford, New York • 11763 631-727-2400 • Fax 631-727-2605 LandUse January 27, 2012 Town of Southold Board of Town Trustees PO Box 1179 Southold, NY 11971 RE: Application for Permit Niebling - Cutchogue Dear Sir or Madam: Enclosed please find (3) copies of the NYSDEC Permit issued for the Niebling project. A public hearing is scheduled for this project on February 22, 2012. If there are any questions please do not hesitate to contact this office. Thank You. l Sincerely, an Hall Land Use Ecological Services, Inc. DH Enc. 570 Expressway Drive South, Suite 2F • Medford, New York • 11763 631-727-2400 • Fax 631-727-2605 s~ ~9G ~a APPROVEu by O N BOARD OF TRUSTEES 'yj• TOWN OF SOUTHOLD *PO vT 86 co~~P 5 m OF P ASPHALT O~ `XM M DRAIN o Q~ SEE DETAIL DRAWING - ¦¦¦¦¦¦M¦¦M¦¦¦¦N141 """ii'¦¦i¦ MEMO PROPOSED 4'x70' TIMBER ¦ WALK OR; EXISTING CONCRETE'S `N fb S ~J ''K'/ ;M ti' N GE I ¦ CONCRETE WAL E~CAI ' ¦ ¦ PROPOSED DECK JCA ¦ TO REMAIN ¦ PROPOSED ¦ 4'x8' ¦ OPEN GRATE ¦ PLATFORM ¦ PROPOSED STAIRS ¦ (4'. 15') BRICK ~i LOT ¦ & CONC. ¦ - - 84 NOTES: ¦ WALL 1. THESE PLANS AND SECTIONS ARE REFERENCED TO SURVEY PREPARED BY ¦ - PECONIC SURVEYORS, P.C., LAST REVISED 5-13-2011. G ' ° ¦ 2. TIDAL WETLANDS LINE IS SYNONYMOUS WITH THE AHWM AS OBSERVED BY 01 ¦ ~,T 'x STONE ¦ LAND USE ECOLOGICAL SERVICES, INC. ON 10-20-2011. ¦ WALL ¦ ¦ c~~9r 2F \ N ` ° ¦ ¦ "OFC ~o d ¦ ¦ ZG ':a' ¦ 30' 0 30' EXISTING STAIRS Ce ~y~ J), W ¦ ¦ TO BE REMOVED WITH PORTION OF ¦ CONCRETE WALK '~i\,,~di4 ¦ TIRE' TO THEM ¦ NIEBLING AT. SITE PLAN ¦ 10020 NASSAU POINT ROAD PROPOSED 18-24" STONE (500-1,000LB) ¦ CUTCHOGUE, NY 11935 ¦ PLACED ON FILTER FABRIC (1003 LINEAR FEET) ¦ COVERED WITH 50±Cyd5 CLEAN SAND FROM ¦ UPLAND SOURCE TO RESTORE SLOPE AND ¦ 1 CompilsE Dy:D.H. Data: 2. 2011 SUFFOLK COUNTY TAX MI PUNTED WITH BEACH GRASS ON 12" CENTERS. LAND USE ECOLOGICAL SERVICES, INC 570 EXPRESS DRIVE, SUITE 2F Prepamd by: R.K. Scale: DEC AS SHOWN 100-119-1-18 ¦ ¦ M ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ M M M M E M M E M ¦ M E E M E E Medford, New York 11763 (631) 727-2400 Project Mgr. D.H. File: NIEBUNG Rev: 01-04-12. 2-23-12 1 OF 3 CONCRETE 'Al O PROPOSED DECK TO REMAIN PROPOSED 4x8' OPEN GRATE PLATFORM PROPOSED STAIRS 4x15) BRICK & CONC. WALL A0~ j~ _ ~~oGF O~ STONE WALL Ilk FAO y ,D I EXISTING sTAiR2cl~~ NOTE: TO BE REMOVED TIDAL WETLANDS LINE IS SYNONYMOUS WITH PORTION of _ WITH THE AHWM AS OBSERVED BY CONCRETE wALK LAND USE ECOLOGICAL SERVICES, INC. TO THEM \ \ ON 10-20-2011. PROPOSED 18-24" STONE (500-1,0001B) PLACED ON FILTER FABRIC (100± LINEAR FEET) COVERED WITH 50±cyds CLEAN SAND FROM N UPLAND SOURCE TO RESTORE SLOPE AND PLANTED WITH BEACH GRASS ON 12" CENTERS. PRFPN D ° NIEBUNG AE 10020 NASSAU POINT ROAD DETAIL CUTCHOGUE, NY 11935 LAND USE ECOLOGICAL SERVICES, INC Compiled Uy:D.H. Date: NOV 11, 2011 SUFFOLK COUNTY TAX MAP#: 20 0 20 570 EXPRESS DRIVE, SUITE 2F Prepared by: R.K. Scale: AS SHOWN 1000-119-1-1e Medford, New York 11763 (631) 727-2400 Project Mqr: D.H. RIe: NIEBUNG Rev: 01-04-12, 2-23-12 oeNwa "a' 2 OF 3 PROPOSED 417. TIMBER W&I OVER EXISTING CONCRETE W&K EXIS ZINC CR1pf EYISNNC 'E z' 1.. EXISTING CONCRETE WN ON GRAD' TO HEMNH 4 4' ENRON POST) BERM 12 1 INTO ORDER. ANY BORE XREXS l 6'-0' MIN, (TYP.) PROP"" TO BE SNWM PV D WITH FILTER //1/ iPBRIC /f sc BEACH GRASS Cl 12 'ENTERS O p scRav TOE STONE PRWOSEO 1' PR G'_ IB-31' STONE ;00-I.000LD BELOW GRADE PLACED ON LTER BRIG OOS LI NFM FEET) COVE'ED WITH SOt cYxs GL ON SON. FROM pPURN SOURCE TO BOSTON, ST., ONO VNIED WITH BEACH CRASS Ox D CENTERS. SECTION VIEW NOTE: SCALE: 1' = 10' TIDAL WETLANDS LINE IS SYNONYMOUS WITH THE AHWM AS OBSERVED BY LAND USE ECOLOGICAL SERVICES, INC. ON 10-20-2011. °AF°MEO P NIEBLING AT. 10020 NASSAU POINT ROAD SECTION VIEW CUTCHOGUE, NY 11935 LAND USE ECOLOGICAL SERVICES, INC COrt pibd by: D.N. Oate: DEC 12. 2011 SUFFOLK COUNTY TAX MAPS: 570 EXPRESS DRIVE, SUITE 2F Prepared by: R.K. Scale: AS SHOWN 1000-119-1-18 Medford, New York 11763 (631) 727-2400 Prgeet Mqr: D.H. File: NIEBt1N. Rev: 01-02-12, 2-23-12 3 OF 3