HomeMy WebLinkAboutTR-7539 Jill M. Doherty, President
Bob Ghosio, Jr., Vice-President
James F. King
Dave Bergen
John Bredemeyer
Town Hall Annex
54375 Main Road
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES
72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN
APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO
SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE
PERMIT.
INSPECTION SCHEDULE
__ Pre-construction, hay bale line
__ 1st day of construction
N constructed
_._~' Project complete, compliance inspection
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
PERMIT NO. 7539 DATE: APRIL 20~ 2011
ISSUED TO: LINDA BORDEN
PROPERTY ADDRESS: EQUESTRIAN AVE., FISHERS ISLAND
SCTM09-9-27.4
AUTHORIZATION
Pursuant to the provisions of Chapter 275 and Chapter 111 of the Town Code of the Town of Southold
and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on April 20, 2011 in
consideration of application fee in the sum of $250.00 paid by Linda Borden and subject to the Terms and
Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and
Wetland Permit to construct a 4'X 27' wood timber and pile supported pier
extension to the associated low water line, associated ladder and an anchor with pulley
system, with the Condition the bank is re-vegetated with native plantings,
on the plan prepared by Docko,!nc. last revised February 17, 2012 and stamped
approved on April 26, 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 da~.
Jill M. Doherty
TERMS AND CONDITIONS
The Permittce, Linda Borden, residing at Equestrian Ave., Fishers Island, NY as part of the
consideration for the issuance of the Permit does understand and prescribe to the following:
That the said Board of Trustees and the Town of Southold are released from any and all
damages, or claims for damages, of suits arising directly or indirectly as a result of any
operation performed pursuant to this permit, and the said Permittee will, at his or her own
expense, defend any and 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.
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.
o
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.
That the work involved will be subject to the inspection and approval of the Board or its
agents, and non-compliance with the provisions of the originating application may be cause
for revocation of this Permit by resolution of the said Board.
That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
That there shall be no interference with the right of the public to pass and repass along the
beach between high and low water marks.
That if future operations of the Town of Southold require the removal and/or alterations in
the location of the work herein anthofized, or if, in the opinion of the Board of Trustees,
thc work shall cause unreasonable obstruction to free navigation, the said Permittee will be
required, upon due notice, to remove or alter this work project herein stated without
expenses to the Town of Southold.
That the said Board will be notified by the Permittee of the comple~ti0n of the work
authorized.
That the Permittee will obtain all other permits and consents that may be required
supplemental to this permit, which may be subject to revoke upon failure to obtain same.
Jill M. Doherty, President
Bob Ghosio, Jr., Vice-President
James F. King
Dave Bergen
John Bredemeyer
Town Hall Annex
54375MainRoad
P.O. Box 1179
Southold, New York 11971-0959
Telephone(631) 765-1892
Fax(631) 765-6641
Apdl 20, 2011
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Keith Neilson, PE
Docko, Inc.
P.O. Box 421
Mystic, CT 06355
RE:
LINDA BORDEN
EQUESTRIAN AVE., FISHERS ISLAND
SCTM#9-9-27.4
Dear Mr. Neilson:
The Board of Town Trustees took the following action during its regular meeting held on
Wed., April 20, 2011 regarding the above matter:
WHEREAS, Docko, Inc. on behalf of LINDA BORDEN applied to the Southold Town
Trustees for a permit under the previsions of Chapter 275 of the Southold Town Code,
the Wetland Ordinance, application dated February 25, 2011, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory
Council and to the Local Waterfront Revitalization Program Coordinator for their findings
and recommendations, and,
WHEREAS, the LWRP Coordinator issued a recommendation that the application be
found Consistent with the Local Waterfront Revitalization Program policy standards,
and,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application on April 20, 2011, at which time all interested persons were given an
opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar with the
premises in question and the surrounding area, and,
2
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 275 of the
Southold Town Code, and,
WHEREAS, the Board has determined that the project as proposed will not affect the
health, safety and general welfare of the people of the town, and,
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees has found the application to be Consistent with
the Local Waterfront Revitalization Program, and,
RESOLVED, that the Board of Trustees APPROVES the application of LINDA
BORDEN to construct a 4'X 27' wood timber and pile supported pier extension to the
associated low water line, associated ladder and an anchor with pulley system, with the
Condition the bank is re-vegetated with native plantings, and as depicted on the plan
prepared by Docko, Inc. last revised February 17, 2012 and stamped approved on April
26, 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.
Inspections are required at a fee of $50.00 per inspection. (See attached schedule.)
Fees: $50.00
Very truly yours,
Jame .~King, Vice-PrUdent
Board of Trustees
JFK/Ims
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LOCATION I'-'IAI:~ ~NCE
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LOCATION:
NOTB~
1. Fi ,E',VA"r]ON DATUM I~/N~A~NT L.O~V WATER.
2. 11DE DATA I~ TAKEN FROM .2005 NO, a~ TIDE
T. AE~LE.~ 12EFERENCE: EflL'v'ER EEL COME,
Fi.E:,HER5 15LAND.
3. PI2OJECT D~I:~'ION:
CON 5'TI~JJCT A ~-PT 'W1DE X 2'7,LF %VOO~
EX'f~N~ION, TO THE ,APPA, I;~'~ ~ WAT'~R
LINE, ~
C~ T~E ~NT HIGH WATER LINE.
4. P~DJ EGT !~UI2~O~E:
THI~ 15 A I;~VATE DOCK FOR ~CI~TIONAL
13DATING.
5. THE-~E A~I~LIC.~TION E:~vlN¢~ REI~I~E-~ENT
A GOMPIL~I~ON OF ~¢Jl~ FOR
NOT ~ON GO~ ~UME~S.
~T: ~T:
~BE~ ~O~ DO~N C~ON
MI~
DOCK h"iODIFICA T'ION.~
R.SHEP...~ I~LAND, TOWN OF ~OUllHOLD
~UFFOLK COUNTY. NE'gV yOPJ4,
DAT~' JULY 22, 2OI0
~ENT: ~HEET 1 OF ,4.
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/~ITHONY
L./NNE)IN~ and I<~Y/N( 12.ACK,
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: 1.-4'7~31~/00002
APPEOVED BY
BOARD OF TRUSTEES
SOUTHOLD
DATE ~o~r,r o~
E~ORE)EN ,~,~
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LOCATION:
~ur',,ey by J. DEi"II::~-Y ~ ,,~.GOCtATE~
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.E~JFFOI.J¢, COUNTY, NE'~/ y0]2.K,
WATEI:L~v'AY: HAy ~
DATE: JULY 22.20]0
~: LJNDA BORDEN
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LOCATION:
FI¢HEI2~ ISLAND, TOWN OF ~OUTHOLD
SUFFOLK COUNTY, NEW
WATEI~CVAY: HAY ~ ~
DAf'E: JULY 222C~0
APPi. jC, AC4T: LINDA BOI2,DEN
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LOCATION:
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~UFFOLK COUNTY, NEW yOf2J<
WATEI:~/AY: HAY HAP~C~ ~
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· New York State Department of Environmental Conservation
Division of Environmental Permits, Region 1
SUNY @ Stony Brook
50 Circle Road, Stony Brook, NY 11790-3409
Phone: (631) 444-0365 · Fax: (631) 444-0360
Website: www.dec.n¥.qov
April 6, 2012
Linda Borden
195 Cliff Road
Wellesley, MA 02481
Re: Permit #1-4738-03196/00003
Dear Ms. Borden:
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,
Deputy Permit Administrator
CC:
Docko Inc.
BOH-TW
File
NEW YORK STATE DEPARTME~F ENVIRONMENTAL CONSERVATIO~
Facility DEC ID 1-4735-03196
PERMIT
Under the Environmental Conservation Law (ECL)
Permittee and Facility Information
Permit Issued To:
LINDA R BORDEN
195 CLIFF RD
WE1.1 .ESLEY, MA 02481
(617) 526-6000
Facility:
BORDEN PROPERTY
EQUESTRIAN AVE - N SrDEISCTM 1000-9-9-
27.4
FISHERS ISLAND, NY 06390
Facility Location: in SOUTHOLD in SUFFOLK COUNTY
Facility Principal Reference Point: NYTM-E: 749.2 NYTM-N: 4571.7
Latitude: 41015'29.9.' Longitude: 72°01'31.6"
Project Location: Hay Harbor
Authorized Activity: Construct an extension to an existing pier and install a baot mooring a minimum
of 42 feet seaward of the pier. All work shall be done according to the plans prepared by Docko Inc.
last revised on 2/17/2012 and stamped NYSDEC approved on 4/6/2012.
Permit Authorizations
Tidal Wetlands - Under Article 25
Permit ID 1-4738-03196/00003
New Permit Effective Date: 4/6/2012
Expiration Date: 4/5/2017
NYSDEC Approval
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict
compliance with the ECL, all applicable regulations, and all conditions included as part of this
permit.
Permit Administrator: MARK CARRARA, Deputy Regional Permit Administrator
Address: NYSDEC REGION 1 HEADQUARTERS
SUNY @ STONY BROOKI50 CIRCLE RD
STONY BROOK, NY 11790 -3409
Authorized Signature:
Date
Page 1 of 6
NEW YORK STATE DEPARTME~F ENVIRONMENTAL CONSERVATIOO
Facility DEC ID 1-4738-03196
Permit Components
NATURAL RESOURCE PERMIT CONDITIONS
GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following
Permits: TIDAL WETLANDS
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. Post 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. Tidal Wetland Covenant The permittee 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 into 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 of the
effective date of this permit to
Regional Habitat - TW
NYSDEC REGION 1 HEADQUARTERS
SUNY @ STONY BROOKI50 CIRCLE RD
STONY BROOK, NY11790 -3409
Attn: Compliance
4. Storage of Equipment, Materials The stoi'age of construction equipment and materials shall be
confined to the upland area landward of the bulkhead or on a barge.
5. No Disturbance to Vegetated Tidal Wetlands Them shall be no disturbance to vegetated tidal
wetlands or protected buffer areas as a result of the permitted activities.
6. No Equipment below Apparent High Water Equipment operation below (seaward) apparent high
water is strictly prohibited.
Page 2 of 6
NEW YORK STATE OEPARTME~F ENVIRONMENTAL CONSERVATIO~
Facility DEC ID 1-4738-03196
7. Wood Preservatives A. Pressure treated wood used for construction of in-water structures must
have undergone a treatment process approved (stamped or otherwise marked as certified) by the
American Wood Preservative Association.
B. Wood treated with Pentachlorophenol (PCP) must not be used in wetlands or surface waters.
C. The use of creosote treated wood is prohibited both in the water and upland areas.
D. Chromated Copper Arsenate (CCA) pressure treated wood must be clean and free of CCA surface
deposits. Wood with surface deposits must be washed for at least 5 minutes under running water prior to
use. The washing must occur greater than 100 feet landward of any regulated wetland and/or water body.
(Note "E." below for handling wash water.)
E. Any wood debris such as sawdust or wash water must not enter any water body, including wetlands or
protected buffer areas.
8. No Floats This permit does not authorize the installation of floats.
9. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater
areas is authorized by this permit, nor shall issuance of this permit be construed to suggest that the
Department will issue a permit for such activities in the future.
10. No Prop Dredging Prop dredging, or the act of utilizing and/or directing the propeller or
propulsion system of a motorized vessel and/or the water-borne forces created by said propeller or
propulsion system, to excavate or displace existing bottom sediment and benthic habitat for the direct or
indirect purpose of establishing or increasing water depth, is a regulated activity and is not authorized by
this permit. Prop dredging is strictly prohibited without further written authorization (permit,
modification or amendment) from the department.
11. No Permanent Structures on Dock No permanent structures shall be installed on
dock/catwalk/float without first obtaining written Department approval (permit, modification, or
amendment).
12. No Structures on Pilings No structures, other than structures specifically authorized by this
permit, shall be constructed on pilings without further authorization from the department (permit,
modification or amendment).
13. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from
construction of this project shall be completely removed from the adjacent area (upland) and removed to
an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas.
14. Conformance With Plans All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or applicant's agent as part of the permit application.
Such approved plans were prepared by Docko and last revised on 2/17/2012..
IS. State Not Liable for Damage The State of New York shall in no case be liable for any damage or
injury to the structure or.work herein authorized which may be caused by or result from future operations
undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no
claim or right to compensation shall accrue from any such damage.
16. State May Order Removal or Alteration of Work If future operations by the State of New York
require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the
Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation
Page 3 of 6
NEW YORK STATE DEPARTME~F ENVIRONMENTAL CONSERVATIOO
Facility DEC ID 1-4738-03196
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.
17. State May Require Site Restoration If upon the expiration or revocation of this permit, the
project hereby authorized has not been completed, the applicant shall, without expense to the State, and
to such extent and in such time and manner as the Department of Environmental Conservation may
lawfully 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.
18. Precautions Against Contamination of Waters All necessary precautions shall be taken to
preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents,
lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials
associated with the project.
GENERAL CONDITIONS - Apply to ALL Authorized Permits:
1. Facility Inspection by The Department The permitted site or facility, including relevant records, is
subject to inspection at reasonable hours and intervals by an authorized representative of the Department
of Environmental Conservation (the Department) to determine whether the permittee is complying with
this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301
and SAPA 401(3).
The permittee shall provide a person to accompany the Department's representative during an inspection
to the permit area when requested by the Department.
A copy of this permit, including all referenced maps, drawings and special conditions, must be available
for inspection by the Department at all times at the project site or facility. Failure to produce a copy of
the permit upon request by a Department representative is a violation of this permit.
Z. Relationship of this Permit to Other Department Orders and Determinations Unless expressly
provided for by the Department, issuance of this permit does not modify, supersede or rescind any order
or determination previously issued by the Department or any of the terms, conditions or requirements
contained in such order or determination.
3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a
separate written application to the Department for permit renewal, modification or transfer of this
permit. Such application must include any forms or supplemental information the Department requires.
Any renewal, modification or transfer granted by the Department must be in writing. Submission of
Page 4 of 6
NEW YORK STATE DEPARTME~F ENVIRONMENTAL CONSERVATIOO
Facility DEC ID 1-4735-03196
applications for permit renewal, modification or transfer are to be submitted to:
Regional Permit Administrator
NYSDEC REGION 1 HEADQUARTERS
SUNY @ STONY BROOKI50 CIRCLE RD
STONY BROOK, NY11790 -3409
4. Submission of Renewal Application The permittee must submit a renewal application at least 30
days before permit expiration for the following permit authorizations: Tidal Wetlands.
5. Permit ModificatiOns, Suspensions and Revocations by the Department The Department
reserves the right to exercise all available authority to modify, suspend or revoke this permit. The
grounds for modification, suspension or revocation include:
a. materially false or inaccurate statements in the permit application or supporting papers;
b. failure by the permittee to comply with any terms or conditions of the permit;
c. exceeding the scope of the project as described in the permit application;
d. newly discovered material information or a material change in environmental conditions, relevant
technology or applicable law or regulations since the issuance of the existing permit;
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 Transfer Permits are transferrable unless specifically prohibited by statute, regulation or
another permit condition. Applications for permit transfer should be submitted prior to actual transfer of
ownership.
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the
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
Page 5 of 6
NEW YORK STATE DEPARTME~F ENVIRONMENTAL CONSERVATIOO
Facility DEC ID 1-4735-03196
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 wi~h Riparian Rights
This permit does not convey to the permittee any fight 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 fights, title, or interest in real or personal property held or vested in a person not a party to the
permit.
Page 6 of 6
(~)TICE COVENANT TO THE DE~
DECLARATION
THIS DECLARATION, dated __ day of ,20 , is made by
(hereinafter the "Declarant"), whose address is
WITNESSETH
WHEREAS, the Declarant is the owner of certain real property located in the Town of
County of , State of New York, Tax Map # District , Section , Block
Lot(s) which real property is more pa[ticularly described in Exhibit A annexed hereto
(hereinafter referred to as the "Property"); and
WHEREAS, the Property is situated in or adjacent to regulated tidal wetlands which have been
inventoried and mapped by the New York State Department of Environmental Conservation (hereinafter
3X)epartmentO), pursuant to Environmental Conservation Law (hereinafter "ECL") Article 25 (also known
as the "Tidal Wetlands Act") and Part 661 of Title 6 of the New York Code of Rules and Regulations
(hereinafter "6 NYCRR"); and
WHEREAS, various activities conducted both in and adjacent to tidal wetlands are regulated by the
Department pursuant to ECL Article 25 and Part 661 of 6 NYCRR and require written authorization from
the Department prior to being conducted;
NOW, THEREFORE, in recognition of the Department's jurisdiction as set forth above, it is the
responsibility of a party having any right, title, or interest in the Property, to obtain from the Department or
any successor organization, a current description of all activities which are regulated pursuant to ECL
Article 25 and Part 661 of 6 NYCRR, and to obtain written authorization from the Department prior to such
regulated hctivities being conducted on the Property. Regulated activities include, but are not limited to
cleating of vegetation; application of chemicals; excavation; grading and filling; dredging; erection of
structures; construction or reconstruction of shoreline erosion structures; and construction and
reconstruction of docks and bulkheads.
By:
STATE OF NEW YORK )
)SS.
COUNTY OF )
On the day of in the year 20 , before me, the undersigned, a Notary Public
in and for said state, personally appeared , personally known to me or proved to
me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the person or entity upon behalf of which the person acted, executed the instrument.
NOTARY PUBLIC
N(~]ICE OF COMMENCEMENT OF CC
RETURN THIS FORM TO: COMPLIANCE
Bureau of Habitat-TW
50 Circle Road
Stony Brook, NY 11790-3409
PERMIT NUMBER:
PERMI'FrEENAME&PROJECTADDRESS:
Or Fax to: 631-444-0297
EXPIRATION DATE:
CONTRACTOR NAME & ADDRESS:
TELEPHONE:
Dear Sir:
Pursuant to the special conditions of the referenced permit, you are hereby notified that the authbrized activity shall commence on
· We certih/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 A T LEAST TWO DA YS PRIOR TO COMMENCEMENT OF THE PROJECT
AND/OR ANY ASSOClA TED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HA VE THE PERMIT AND
APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MA Y SUBJECT THE PERMITTEE
AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENAL TIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS;
Cut alon,(:j this line X
NOTICE OF COMPLETION OF CONSTRUCTION
RETURN THIS FORM TO:COMPLIANCE Or Fax to: 6~1-444-0297
Bureau of Habitat- TW
50 Circle Road
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 DA YS OF COMPLETION OF THE PROJECT.
95-20-1 (11/03) -~d
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.
Permit Number
Expiration Date
Regional Permit Administrator
ROGER EVANS
NOTE: This notice is NOT a permit .
LOCATION t--IAP ~
8XT'ENSON
N/F I::'ROPERTY OF ~
ANTHONY
I::~OJECT: [~,K t"IODIFICATION5
FI.E~ER5 ISLAND, TO%'N OF .E41J'T~OLD
,ECJFFOL.,K C, OUNTY, NEW YOI2K
WA~AY: HAY ~ ~
DATE: JULY 2~ ~
API::~CANT: LINDA ~
..~HEEr 1 OF &
~O~O, IN~.
~B. N~.~
~,¢~5
-2
N/F PROI~ OF
:
-Z~SllN~
: LANDIN~ and KAYAK RACK
N'Y~E~ No.
T.O.S. -
~1-/-~
I:::'ROI:~IL~Pr' Of
COUNTY, NEW
'x,
I . I I
NEYV TIE-OI~ ~IO01~IN~ IdNE
~HAIN and ~
NEW 4: VvIDE
NE~V ~-IN .~ARI1NA
I~:VIE:~JD 01-1~1 ,~
tINE MOOR~N8 ~.
ADJAC:ENI' FLOAT
GLE~RANGE
12EVI.~._.D 4-20-11T.O~.
F~E:,{"IF-,I~ ~g, TCTW'N OF:
.5,1..JFFOI..K C. OUNTY, NE-W
WA~AY: HAY ~
DA'FD: JUIY '~"~.'~O~
~N:~: LINDA t~)~DEN
EDCDCI<CD, INC.
NOTE: DEC, KJN~ - ~ ~ TI2~ATEI~, ~OO~
MU~T ~ CE~T~IED By ~O~.~T ~TE',,VARDEt~IP
COLJNOL
lINE MOORIN8
I~-VI..E, ED 4--20-11T.O.~.
MOOI~N~
~.OJECr: ~::~::~K I"IODIFICATION~
L.OC~TION: RE~EP~ I..~,D~ID, TOWN OF ~
~ ~, N~ Y~
WA~AY: ~Y ~ ~
JULY ~ ~
~: UNDA ~
~OCKO, INC.
Jill M. Doherty, President
Bob Ghosio, Jr., Vice-President
James F. King
Dave Bergen
John Bredemeyer
Town Hall Annex
54375 Main Road
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
TO: ~_,~L/( f]~]~3 ~O~r3
'--~1
Please be advised that your application dated ~ Ic~-/II , has
been reviewed by this Board at the regular meeting of z./J~O ! II
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)
__ 1st Day of Construction ($50.00)
__ '~ Constructed ($50.00)
v'/ 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:
TOTAL FEES DUE: $ ~r-o, ~)0
BY: Jill M. Doherty, President
Board of Trustees
Mar 17 11 09:39a Mar
p.1
O. Donaldson Chapoton
3711 San Felipe
Houston, TX 77027
This letter serves as our objection to Ihe above referenced permit application, as we
have objected in the past to a previous filing for e pier at Ibis location. Due to ~he narrow
parameters of the inlet and the fragile ecosystem we feel this pier wilt adversely affect
wildlife as well as obs'~uct movemeftt and access on the water of the infeL Furthermore,
the high water line is very shallow at this location.
Respectfully submitted,
Peter Young, Chairman
Lauren Standish, Secretary
Town Hall, 53095 Main Rd.
P.O. Box 1179
Southold, NY 11971
Telephone (631 ) 765-1892
Fax (631) 765-6641
Conservation Advisory Council
Town of Southold
At the meeting of the Southold Town Conservation Advisory Council held Wed., March 16,
2011, the following recommendation was made:
LINDA BORDEN to construct a 4'X 27' wood timber and pile supported pier extension, to
the apparent Iow water line, with associated ladders.
Located: Equestrian Ave., Fishers Island. SCTM#9-9-27.4
The CAC did not make an inspection, therefore no recommendation was made.
Jill M Dohe~ty, Presidenl
Bob Ghosio, Jr., Vice-President
James F King
Dave Bergen
PO. Box 1179
Southold. NY 1t971
Telephone (631 765-1892
Fax (631 ) 765-6641
Southold Town Board of Trustees
Field Inspection/Worksession Report
Date/Time:
Docko, Inc. on behalf of LINDA BORDEN requests a Wetland Permit to
construct a 4'X 27' wood timber and pile supported pier extension, to the
apparent Iow water line, with associated ladders. Located: Equestrian Ave.,
Fishers Island. SCTM#9-9-27.4
Type of area to be impacted:
~./Saltwater Wetland Freshwater Wetland
Distance of proposed work to edge of wetland
Part of Town Code proposed work falls under:
__~Chapt.275 Chapt. 111 other
Type of Application: 'p/Wetland __Coastal Erosion
~Administrative__Emergency __Pre-Submission __
Sound
__Amendment
Violation
Info needed:
Modifications:
Conditions:
Present Were:__ . ng__ oherty__ . Bredemeyer
B.Ghosio, D. Dzenkowski other
Form filled out in the field by
D. Bergen__
Mailed/Faxed to:
Date:
'~"~ Do~ko~ I['~C, Serving the waterfront community since1987
RO. Box 421, Mystic, CT 06355 (860) 572-.8939 Fax: (860) 572-7569, emaJl: permits~docko.com
December 2, 2010
U.S. Army Corps of Engineers
New York District Office
Regulatory Branch
26 Federal Plaza, Room 1937
New York, NY 10279-0090
Re: Linda Borden
Dock Modifications
To Whom It May Concern:
On behalf of our client, Linda Borden we request a Depmtment of the Army Permit for
dock modifications in Hay Harbor on Fishers Island, New York. We enclose herewith the
following in support of this permit application:
Two prints each of plans titled:
Project:
Waterway:
Location:
Applicant:
Date:
"Dock Modifications"
Hay Harbor
Fishers Island, Town of Southold
Suffolk County, New York
Linda Borden
July 22, 2010
Two copies of Corps of Engineers and NYS DEC Application Forms,
Location Map, Tax Assessor's Map, photographs and NYS DOS Federal
Consistency Assessment Form, Environmental Questionnaire & Project
Narrative. EFH Assessment Worksheet
One copy of the Town of Southold application, and the NYS DOS
Consistency Review Form.
I trust that you will find this application package complete and acceptable; plcaso let me
know if the need for further information arises.
Very truly yours,
DOC O,. C.
Keith B. Neilson, P.E.
KBN.'jm
Enclosures
CC: CC: Ms Linda Borden
NYS DEC: Environmental Permits
TOS: Doherty
File: 10-09-2237 BORDEN
APPLICATION FOR I[~i~RTM ENT OF 1'HE ARMY PERMIT OMB APPROVAL NO. 0710-003
1~1~3 3 CFR 325)
Pnblic reporting burden for tlds collection of information is estinmted to average 5 hours per response, including the time for reviewing instructions, searching existing dala
sources, gathering and maintaining the dala needed, and completing and reviewing the collection of information.. Send comments regarding this burden estimate of any
olhcr aspect of this collection of inPommtion, including suggestions for reducing this burden, to Department of Defense, Washington Headquarlers Service Directorate of
?f Inlbrmation Operations and Reports, i 215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and 1o the Office of Manageraent and Budget,
I'apcrwork Reduction Project (0Il 0-0003), Washington, DC 20503. Please DO NOT RETURN your form to eifl~er o£ those addresses. Completed applicalions must be
suhmdtcd lo the District Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMEN'r
Author dy: 33 USC 401, Section 1 O; 1413, Scclion 404. Principal Pml>ose: These laws require permits authorizing activilies in, navigable waters of the United States
lire discharge of dredged or lill material into waters of the Unded States, and the transportation of dredged material for the puq',ose of dumping it into ocean waters.
Routine Uses: hfformalion provided on Ibis tbrm will be used in evaluating this application for a pemfit. Disclosure: Disclosure of requested information is
is vohmlary. If information is not provided, howeveL the permit application cannot be processed nor can a permit be issued.
Dnc scl of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application
Isce sample drawings and inslructions) and be submitted to the District Engineer having jurisdiction of the proposed activity. An application that is not completed
in Ihll will he returned.
I APPI JCATION NO.
5 APPLICANI'S NAME
LINDA BORDEN
6 APPI,ICANI'S ADDRESS
195 CLIFF ROAD
WELI,ESkEY, MA 02481-1343
7 APPLICANT'S PHONE NO'S W/AREA CODE
a Residence (63 I) 788-7088
(ITEMS' I THRU 4 TO BE FILLED BY THE CORPS)
2. FIELD OFFICE CODE 13. DATE RECEIVED I4.DATE APP.
I
I
ITEMS BELOW TO BE FILLED BY APPLICANT
[{. AUTHORIZED AGENT'S NAME & TITLE
DOCKO, INC.
KEITH B. NEILSON, P.E.
9. AGENT'S ADDRESS
P. O. BOX 421
MYSTIC, CT 06355
10. AGIJNT'S PIIONE NO'S W/AREA CODE
a. Rcsidcnce
b. Ihlsmcss ~. Business (860) 572-8939
I I. STATEMENT aP AUTHORIF, ATION
I hereby authorize, DOCKO, INC. to act in my behalf as my agent in the processing of this applicaliun and Io furnish, upon request,
COMPLETED
supplclncnlal mfonnalion in suppofl oPthis pcnnil applicalion.
APPLICANT'S SIGNATURE
LINDA BORDEN
DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12 PROIEC 1 NAME OR I'ITLE (See instructions)
????
I t N \M (): V'ATEI{I~ODY I1: KNOW (if applicable)
I IAY I IARBOR
15 I OCA'IION OF I~ROJI CI'
SUFFOLK NY
COUNI Y SIA fE
16 O IIIliR lOCATION IJESCRIP~IIONS. IF KNOWN, (See instructions)
14. PROJECT STREET ADDRESS (if applicable)
EQUESTRIAN AVENUE
FISHERS ISLAND
LAT. 41°15'32"N, LONG. 72°01'26"W
SITE 1S IN 'file MIDDLE COVE IN HAY IIARBOR, JUSF EAST OF \VIIA'I IS LOCALLY CALLED TENNIS
RACKEF ISLAND.
17 DII~I~("I IONS Itt IUE SllE FROM TI IE FERRY OR AIRPORT, DRIVE EAST ON WHISTLER AVENUE ABOUT I/4
MILl:; WI!ICH IS EQUES'I I*,IAN AVENUE AND TURN LEFF. THE BORDEN'S ItOUSE IS ON THE RIGIfF
APi~}; OXIM/\TELY *":¢' J~ I~- ~7'1' (AN Th,:'r TOP ,' ','r .... Yl,L' Jill ~'
FN(; FORM 4345. Fch FI)ITION OF SiP 91 IS OBSOLE PE (Proponcnl:CliCW-OR
18. Nature of Activily (Description of project, include all f{:aturcs)
CONSTRUCT A 4-FT WIDE X 27 (+/-) LF WOOD TIMBER AND PILE SUPPORTED PIER EXTENSION WITH
ASSOCIATED LADDERS. INSTALL A TIE-OFF MOORING INCLUDING ANCHOR CHAIN AND BALL ALL
WATERWARD OF TIlE APPARENT HIGH WATER LINE.
19. Prqiccl Purpose (Describe thc reason or purpose of the project, see instructions)
THIS IS A PRIVATE DOCK FOR RECREATIONAL BOATING.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCIIARGED
20 Rt:ason (s) for Discharge
N/A
21 Type (s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
N/A
22. Surlhce Area in Acres of Wetlm~ds or Oilier Waters Filled (see inslructions)
N/A
23 Is Any Portion of the Work Already Complel¢? Yes
No X IF YES. DESCRIBE THE COMPLETED WORK
WEST: ROBERT ANTHONY, P.O. BOX t000, M1LLBROOK, NY 12545
EAST: DONALDSON CHAPOTON, 371 I SAN FELIPE STREET, HOUSTON, TX 77027
25 Eist of Other Ccriificalhms or Approvals/Denials Received from olher Federal, State or Local Agencies for Work Described in 1his Application
A(;ENCY TYPE APPP, OVAL* IDENT. NUIvlBER DATE APPLIED DATE APPROVED DATE DENIED
Fown of Southold Type I PENDING PENDING
NYS DEC Tidal Wcthmds PENDING PENDING
Water Qnaldy Cea
complclc and agcurnlc I flu Ihcr certify Ihat I possess the aulhority lc m~dcrtakc the work described herein or ~ acting as Ihe duly auth~rizcd agcnl oflhc applicant
SK}NA'[URE OF APPLICANT DA1 E SIGNATURE OF AGENF DATE
LINDA BORDEN KEITH B. NEILSON, P.E., DOCKO, iNC.
ENVIRONMENTAL QUESTIONNAIRE
This is intended to supplement ENG Form 4345, Application for Department of the Army
Permit, or the Joint Application for Permit used in the State of New York. Please provide
complete answers to all question~s below which are relevant to your project. Any answers
may be continued on separate sheet(s) of this paper to be attached to this form.
PRIVACY ACT STATEMENT
The purpose of this form is to provide the Corps o/ Engineers with basic information
regarding your project. This information will be used to facilitate evaluation of your permit
application and for public dissemination as required by regulation. Failure to provide
complete information may result in your application being declared incomplete for
processing, thereby delaying processing of your application.
GENERAL-APPLICABLE TO ALL PROJECTS
1. Explain the need for, and purpose of, the proposed work.
This project is to construct a 4-ft. wide x 27 (+/-) LF wood timber and pile supported pier extension with
associated ladders, install a tie-off mooring including anchor, chain and ball all waterward of the apparent
high water line.
2. Provide the names and addresses of property owners adjacent to your work site (if not
shown on the application form or project drawings).
West: Robert Anthony, P. O. Box 1000, Millbrook, NY 12545
East: Donaldson Chapoton, 3711 San Felipe Street, Houston, TX 77027
(Please note that depending upon the nature and extent of your project, you may be
requested to provide the names and addresses of additional property owners proximate to
your project site to ensure proper coordination.}
3. Photographs of the project site should be submitted. For projects in tidal areas,
photographs of the waterway vicinity should be taken at Iow tide. Using a separate copy of
your plan view, indicate the location and direction of each photograph as well as the date
and time at which the photograph was taken. Provide a sufficient number of photographs
so as to provide a clear understanding of conditions on and proximate to your project
site.
4. Provide a copy of any environmental impact statement, or any other environmental
report which was prepared for your project.
5. Provide ,, thorough discussion of alternatives to your proposal. This discussion
should include, but not necessarily be limited to, the 'no action' alternative and
alternative(s) resulting in less disturbance to waters of the United States. For filling
projects in waters of the United States, including wetlands, your alternatives discussion
should demonstrate that there are no practicable alternatives lo your proposed f#ling
and that your project meets with current mitigation policy (i.e. avoidance, minimization
and compensation).
DREDGING PROJECTS
Answer the. following if your project involves dredging.
There is no dredging associated with this project.
1. Indicate the estimated volume of material to be dredged and the depth (below mean
Iow water) to which dredging would occur. Would there be overdepth dredging?
2. You can apply for a ten-year per
mit for maintenance dredging. If you wish to apply for a ten-year permit, please provide
the number of additional dredging events during the ten-year lIfe of the permit and the
amount of material to be removed during future events.
3. Indicate on your drawings the de-watering area (if applicable) and disposal site for
the dredged material (except landfill sites). Submit a sufficient number of photographs
of the de-watering and disposal sites as applicable so as to provide a clear indication of
existing conditions. For ten-year maintenance dredging permits, indicate the
dewatering/disposal sites for future dredging events, If known.
4. Describe the method of dredging (i.e. clamshell, dragline, etc.) and the expected
duration of dredging.
2
5. Indicate the physical nature of the material to be dredged (i.e. sand, silt, clay, etc.) and
provide estimated percentages of the various constituents if available. For beach
nourishment projects, grain size analysis data is required.
6. Describe the method of dredged material containment (i.e. hay bales, embankmen~ bulkhead,
etc.) and whether return flow from the dewatering/disposal site would re-enter any waterway.
Also indicate if there would be any barge overflow.
MOORING FACIUTIES
Boat mooring is accomplished via a mooring pulley line set offthe end of the pier as shown in the
application drawings; no structure will exist beyond the mean low water line.
Answer the following if your project. Includes the construction or rehabilitation of recreational
mooring facilities.
1. It is generally recommended that any fixed piers and walk ramps be limited to four feet in
width, and that floats be limited to eight feet in width and rest at least two feet above the
waterway bottom at mean Iow water. Terminal floats at private, noncommercial facilities should
be limited to 20 feet in length. If you de not believe your proposal can meet with these
recommendations, please provide the reason(s).
The pier will be 4-ft. wide but extends only to the mean Iow water line. The mooring line is necessary to tie the
boat offin 2-ft. of water at Iow tide.
2. Using your plan view, show to scale the location(s), position(s) and size(s) (including length,
beam and draft) of vessel(s) to be moored at the proposed facility, including those of transient
vessel(s} ff known..
A typical vessel is shown on the plan view of the application drawings. The boat will probably be a
Whaler or other small motor boat less than 25 feet lone.
3. For commercial mooring sites such as marinas, indicate the capacity of the facility and
indicate on the plan view the location(s) of any proposed fueling and/or sewage pump-out
facilities, ff pump-out facilities are not planned, please discuss the rationale below and indicate
the distance to the nearest available pump-out station.
Not Applicable. There are no pump-out facilities proposed and no fueling facilities at this site. Those
functions are taken care of elsewhere on Fishers Island such as Pirates Cove Marina or the Mobil
dock in West Harbor, a mile east of this site, or on the mainland.
4. Indicate on your plan view the distance to adjacent marine structures, if any are proximate
and show the locations and dimensions of such structures.
$. Discuss the need for wave protection ,,t the proposed facility. Please be advised that ifa
permit is issued, you would be required to recognize that the mooring facility may be
subject to wave action from wakes of passing vessels, whose operations would not be
required to be modified. Issuance of a permit would not relieve you of ensuring the
integrity of the authorized structure(s) and the United States would not be held responsible
for dames to the structure(s) and vessel(s) moored thereto from wakes from passing
vessels.
There is no need for wave protection at this site.
BULKHEADING / BANK STABILIZATION / FILLING ACTIVITIES
Answer the following if your project includes construction of bulkheading (also retaining
walls and seawalls) with backfill, filling of waters/wetlands, or any other bank stabilization
fills such as riprap, revetments, gabions, etc.
f. Indicate the total volume of fill (including backfill behind a structure such as a bulkhead)
as well as the volume of fill to be placed into waters of the United States. The amount of fill
in waters of the United States can be determined by calculating the amount of fill to be
placed below the plane of spring high tide in tidal areas and below, ordinary high water in
non-tidal areas.
There is no need for bulkheading / bank stabilization or filling activities at this site, at this time, and none is
proposed.
Indicate- the source(s} and type(s} of fill material
4
3. Indicate the method of fill placement (i.e. by hand, bulldozer, crane, etc.). Would
any temporary fills be required in waterways or wetlands to provide access for
construction equipment? If so, please indicate the area o/such waters and/or
wetlands lo be filled, and show on the plan and sectional views.
The foregoing requests basic information on the most common types of projects
requiring Department of the Army permits. It is intended to obviate or reduce the r, ccd
for requesting additional information; however, additional information may be requested
above and beyond what is requested in this form.
Please feel free to add any additional information regarding your project which you
believe may facilitate our review.
See attached LWRP and EFH Assessment worksheets and project narrative for additional detailed
discussion.
EFH ASSESSMENT WORKSHEET FOR FEDERAL AGENCIES (modified O8/04)
PROJECT NAME: DOCK MODIFICATIONS
PROJECT NO.:
PREPARER: DOCKO, INC., Keith B. Neilson, P.E
DATE: October 20, 2010
LOCATION: Borden Property, Fishers Island, NY
Step 1. Use the Habitat Conservation Division EFH webpage, Guide to Essential Fish Habitat Designations in
the Northeastern United States to generate the list of designated EFH for federally-managed species for the
geographic area of interest (http:llwww. nero.noaa.govlhcdlindex2a.htm). Use the species list as part of the
initial screening process to determine if EFH for those species occurs in the vicinity of the proposed action.
Attach that list to the worksheet because it will be used in later steps. Make a preliminary determination on the
need to conduct an EFH Consultation.
"':" ¥- .o
Is the action located in or adjacent to EFH designated for eggs? x
Is the action located in or adjacent to EFH designated for larvae? x
Is the action located in or adjacent to EFH designated for juveniles? x
Is the action located in or adjacent to EFH designated for adults? x
Is the action located in or adjacent to EFH designated for spawning adults? x
If you answered no to all questions above, then EFH consultation is not required -go to
Section 5. If you answered yes to any of the above questions proceed to Section 2 and
complete remainder of the worksheet.
Step 2, In order to assess impacts, it is critical to know the habitat characteristics of the site before the activity
is undertaken. Use existing information, to the extent possible, in answering these questions. Please note that,
there may be circumstances in which new information must be collected to appropriately characterize the site
and assess impacts.
This project consists of a pier extension. The project will encompass
Is the site intertidal, sub-tidal, or parts of the shoreline, the intertidal zone and shallow subtidal zone
water column?
approximately 0.1 acres in size. See Attached narrative.
What are the sediment The existing intertidal and shallow subtidal sediments are fine
characteristics? grained, and approximately 25% gravel with occasional exposed
stone.
is Habitat Area of Particular This site is an existing protected and shallow cove. The bluff that
Concern (HAPC) designated at surrounds the cove is eroding due to exposure to normal tidal and
or near the site? If so what climatic conditions, despite the moderate to heavy vegetative cove.
type, size, characteristics?
Is there submerged aquatic There is no visible SAV in the shallow subtidal waters out to 100 feet
vegetation (SAV) at or adjacent beyond the mean Iow water line and there is no SAV detritus on the
to project site? If so describe foreshore to indicate existence of SAV in the near shore waters.
the spatial extent.
What is typical salinity and Salinity varies somewhat seasonally but is typically in the 25-30 ppt.
temperature regime/range? Tempareture varies seasonally from approximately 30 degrees in the
winter to 70 degrees in the summer.
What is the normal frequency of Varies seasonally but there is regular boating access to and from the
site disturbance, both natural two dock facilities in this cove. Most boating activity is between April
and man-made? and November and is attributable to recreational kayaking, canoeing,
sailing, and motorboating.
What is the area of proposed Approximately 1110 acre will be directly impacted by this retaining wall
impact (work footprint & far and dock modification project.
afield)?
Step 3. This section is used to describe the anticipated impacts from the proposed action on the
physical/chemical/biological environment at the project site and areas adjacent to the site that may be affected.
Nature and duration of ~ It is anticipated that the impacts from this project will be
activity(s) ~,, sma# because of the limIted nature of the work which can
,~ take place in as little as a month but will likely take 2
months- tide and weather permitted.
Will benthic community be The benthic community will be only marginally disturbed by
disturbed? the marine construction barge and push boat and propulsion
systems. No excavation or "in water" filling is propused.
Will SAV be impacted? No SAV have been observed in the project areas.
Will sediments be altered and/or Sedimentation rates in the shallow sub tidal zones will not
sedimentation rates change? change as a result of this project
Will turbidity increase? Turbidity, on a day to day basis, will not change significantly
from existing conditions. (See attached Narrative Statement)
Will water depth change? No changes in water depth are proposed by or for
construction equipment access or for boating operations.
Will contarainants be released There is no planked fill in this project - the issues of using
into sediments or water CCA treated Southern Yellow Pins for construction have
column? already been addressed by the NYSDEC issued in 2000
which concluded that it was an acceptable material for
marine structures.
Will tidal flow, currents or wave Open wood pile and timber construction.
patterns be altered?
Will ambient salinity or No changes to waterflow and circulation patterns.
temperature regime change?
Will water quality be altered? Water quality should not change to a significant extent as a
result of this project beyond the bottom sediment disturbances
resulting from marine equipment repositioning. This is an
open wood pile and timber structure which will not adversely
affect waterflow and circulation and NYS DEC published a
report in 2000 justifying use of CCA treated piles and timbers.
Step 4. This section is used to evaluate the consequences of the proposed action on the functions and values
of EFH as well as the vulnerability of the EFH species and their life stages. Identify which species from the EFH
species list (generated in Step 1) will be adversely impacted ~om the action. Assessment of EFH impacts
should be based upon the site characteristics identified in Step 2 and the nature of the impacts described
within Step 3. The Guide to EFH Descriptions webpege (ht~p:l/www. nero.noaa.gov/hcd~ist`htm) should be used
during this assessment to determine the ecological parameters/prsfersnces associated with each species listed
and the potential impact to those parameters.
Functions and Values Y N Describe bebJtat type, species and life stages to be advmsely
impacted
Will functions and values of
EFH be impacted for: :
The shallow sub-tidal zone and inter-tidal zone are currently
Spawning X sandy gravel strewn with stones and boulders and will remain
so w~thout regard to the project. No alterations of the benthos
or underwater habitat ars proposed.
Nursery X The shallow sub-tidal zone and inter-tidal zone are currently
sandy gravel and will remain so as a result of this project. No
alterations of the benthos or underwater habitat ars proposed.
Forage X The shallow sub-tidal zone and inter-tidal zone ara currently
sandy gravel and will remain so as a result of this project. No
adverse impact to submerged aquatic vegetation is anticipated
it it does exist in nearby waters, although, no SAV has been
obeerved during site surveys or subsequent visits.
Shelter X The shallow sub-tidal zone and inter-tidal zone ara currently
sandy gravel and will remain so as a result of this project. No
adverse impact to submerged aquatic vegetation is anticipated
if it does ex~st in neaH)y waters. Although, no SAV has been
observed during site surveys.
..~ No shoreline characteristics will be changed as a result of the
Will impacts be temporary or , project.
pell~a nent?
Will compensatory mitigation be X No compensatory mitigation is proposed for this project.
used?
· Step 5. This section provides the Federal agency=s determination on the degree of impact to EFH front the
proposed action. The EFH determination also dictates the type of EFH consultation that will be required
with NOAA Fisheries.
/ Federal Agency=s EFH Determination
x There is no adverse effect on EFH
Overall degree of EFH Consultation is not rsquired
adverse effects on EFH
(not including The adverse effect on EFH is not substantial.
compensatory
mitigation) will be: This is a request for an abbreviated EFH consultation. This
worksheet is being submitted to NMFS to satisfy the EFH
(check the appropriate Assessment requirement.
statement)
The adverse effect on EFH is substantial.
This is a request for an expanded EFH consultation. A detailed
written EFH assessment will be submitted to NMFS expanding
upon the impacts revealed in this worksheet.
Step 6. Consultation with NOAA Fisheries may also be ~quired if the proposed action results in adverse
impacts to other NOAA-trust resources, such as anadromous fish, shellfish, crustaceans, or their habitats.
Some examples of other NOAA-trust resources are listed below. Inquiriee regarding potential impacts to
marine rnsmmais or threatened/endangered species should be directed to NOAA Fisheries' Protected
Resources Division.
Species known to occur Describe habitat impact type (i.e,, physical, chemical, or biological
at Site (list othms that disru~ of s~ ~ egg ~elopment habitat, juvenile nureery
~:~) ancuor edun ~eed~ng or ~reurm h~).
alewife
bluebeck herring
rainbow smelt
Atlantic sturgeon
Atlantic menhaden
American shad
American eel Physical Changes, not disruptive to any stage
American lobster Physical Changes, not disruptive, not observed at this site
blue munseis Physical Changes, not disruptive, new habitat for all stages
soft-shell clams
quahog Physical Changes, not disruptive, no adverse impact to any stage
Other species:
I ooko Ino. Serving the waterfront community since1987
RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: permits~docko.com
December 2, 2010
NYS DEC
SUNY ~ Stony Brook
50 Circle Road
Stony Brook, NY 11792
Re: l.inda Borden
Dock Modifications
To Whom It May Conceva:
On behaff of our client, I Jnda Borden, we request a Tidal Wetlands Permit including
Water Quality Certifications, as necessary, for dock modifications in Hay Harbor on Fiahers
Island, New York. We enclose the following in support of thin permit application:
Four prints each of plans rifle&
Waterway:
Location:
Applicant:
Date:
"Dock Modifications"
Hay Harbor
Fishers Island, Town of Southold
Suffolk County, New York
Linda Borden
July 22. 2010
Four copies of the NYS DEC Joint Application, including the Short
Environmental Assessment Form, Tax Assessor's Map, Photographs
Location Map, Environmental Questionnaire and Project Narrative.
One copy of each application submitted to other regulatory agencies
Check in the mount of $200 for application fee.
I trust that you will find this application package complete and acceptable; please let me
know if the need for further information arises.
9co, n c: t
K¢ith B. Neilson, P.E.
KBN.'jm
Enclosures
CC: Ms Linda Borden
US ACOE
NYS DOS
TOS: Doherty
File: 10-09-2237 BORDEN
JOINT APPLICATI '" . State
FOR PERMIT United States Army Corps of Engineers
(Construct or Place)
Name of Applicant (Use tull name) I Telephone Number (daytime)
LINDA BORDEN I 631~788-7088
Mailing Address
195 CLIFF ROAD
Post Office
WELLESLEY
3. Taxpayer ID (If applicant is not an individual)
4. Applicant is alal;: (check as many as apply)
[] Owner [] Ope,dior [] Lessee [] Municipalgy/Governmental Ager~;y
OwnerorAgent/ContactPer~on [] Owne[ [] Agent /Contacl Person I Telephone Number (daytime)
Keith B. Neilson, P.E., Docko, Inc. I 860-572-8939
Mailing Address
P. O Box 421
Post Omee I Statei z~. Code
Mystic CT 06355
ti. Project/Facility Location (mark Iocetion on map, see instruction la)
Suffolk Sou)hold, F. I.
Location fincludina Streel or Road)
EQUESTRIAN AVENUE
Post Office
Fishers Island
B. Name of USGS Quad Map:
New London-CT-RI-NY
Tax MaD Section/Bh3ck /Lot Number:
1000-009-9-27.4
t 6-~ Ile_[; ;l~e_; ~n~;e r Idavtimel
State ZIp Code 7. Name el Stream or Waierbodv {on or near P~oiect
NY 06390 Hay Harbor
Localrpn Coordinates:
NYTM-E NYTM-N 4
9. Projec! Description and Purpose: (Category o! Activity e g new constmclion/installatien, maintenance or
replacemenL Type of Structure or Activity ag. bulkhead, dredging filling, dam. dock. taking et water. Type of Materials
and Quantities; Structure and Work Area Oimensions; Need or Purpose Served)
CONSTRUCT A 4-FT. WIDE X 27 (+/-) LF WOOD TIMBER AND PILE SUPPORTED
PIER EXTENSION WITH ASSOCIATED LADDERS,INSTALL A TIE-OFF MOORING
INCLUDING ANCHOR CHAIN AND BALL ALL WATERWARD OF THE
APPARENT HIGH WATER LINE.
1-4738-03196~0000;Z, June 13, _008
Wilt this Project Require Additional [] [] II Yes US ACOE, ]own of Sou)hold
13. Estimated Complebon
Date
PROJECT ID NUMBER
PART 1 - PROJECT INFORMATION
1. APPLICANT / SPONSOR
LINDA BORDEN
3 PROJECT LOCATION:
FISHERS ISLAND, TOWN OF SOUTHOLD
Municipality
APPENDIX C
§TATE ENVIRONMENTAL OUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLIBTED ACTION~ Only
( To be completed by Applicant oi' Pr~jec/Sponsor)
2. PROJECT NAME
DOCK MODIFICATIONS
4. PRECISE LOCATION: Street Addess and Road lnterseclion..
EQUESTRIAN AVENUE
SUFFOLK
County
Prominent landmarks etc-or provide mad
SEQR
5 ~S PROPOSED AC]ION: [~ New ~']Expansion ~---1Modiiicalion/afleralion
6 DESCRIBE PROJECT BRIEFLY:
CONSTRUCT A 4-FT. WIDE X 2;' (+/-) LF WOOD TIMBER AND PILE SUPPORTED PIER EXTENSION WITH
ASSOCIATED LADDERS, INSTALL A TIE-OFF MOORING INCLUDING ANCHOR, CHAIN AND BALL ALL
WATERWARD OF THE APPARENT HIGH WATER LINE.
7 AMOUN'] OF i~ANI} ,~,FFECTEE)
ni ia v 1~ 1 acres Ultimately I~ 1 acres
~ WILL PROPOSED ACTION COMPLY WITH EXISThNG ZONING OR OTHER RESTRICT!ONS?
[]Yr~s [] NO If no. descdbe briefly:
9 WttA] IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply)
~Reside~tial g--llnduslria, E~Comn',e, cia, E~Agriculture E~ Park / Forest , Open Space L--~Olhe; (describe)
"lP, DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGf NC'¢ (Federal, State or Local)
~]Y,~s _~-~]No If yes, list agency name and permit / approval:
!1 DOES ANY' ASPECT OF THE ACTION HAVE A CURRENTLY VALID PEBMI? OR APPROVAL? [~-_J\'es []No if yes, Iisi agency name and permit / approval:
~2 AS A RESUL] OF PROPOSED ACTION WIlL EXIS]ING PERM[T/ APPROVAL REQUIRE MODIFICA]ION?
CEnTIFY THAT THE INFORMATION PROVIDED ABOVE IS TEHE !,2 iFIE BEST OF MY KNOWt_EDGE
If the action is a Costal Area, ~d you a~. a state ag,~i;cy,
complete the Coastal Assessment Form be[ore proceeding with this assessment
PART II - IMPACT ASSESSMENT l~ro be completed b~ Lead A~enc,j)
A~ DO~S ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF.
r-'lyes [~]No
B. WiLL ACTION RECEIVE COORDINATED REVIEW AS PROV1DED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.6? if No, a negative
decla~atJon may be s~ by anothor involved agency.
[~] Yes E~]No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: (Answers may be handwritten, if tegib{e) Cl. F_~dsting air quality, sugace or groundwater quality or qua~'~', ~oise levels, existing ~affic pattern, s<~d waste production or disposal,
I
C2. Aesthetic, agricultural, arc~leotogical, h~storic, or other natural or ct.'#oral resor~rces; or community or neighbo~,ood character? Explain briefly:
I
C3. Vegeta~on Or fauna, f.~h, ~ or wiktiife species, signi6cent habitats, or threatened or endangered spooes? Ex~ath b~imty:
I
I
C5. Growt'n, subsequent development or related aclivi'~es tikely to be induo~l by the proposed actien? Ex~ain briefly:
C6. Long term, ~'~nd t~m. cumulative, or other e~ects no~ iderifified in CI-C§? Fr~q~a~ bhaf~:
I
c7. o~,r ,mpac~ qi,,~,,"~ chan~ Jn u~ ct e~"er quan~ o~1,,~I~ o~ ee~J~
I
D. WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
I-1I-INoI
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS? If ye~ explain:
i-I[--INo
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTION~: Foreach adverse effect identified above, determine whether it is substantial, large, important or otherwise S~Jniticant Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibiitty; (e)
geographic scope; a~ (~) magnitude. If necessary, add attachments or referenca supporting materials. Ensure that explanations contain
sufficient detail ta show that all refavant adverse impacts have been ldentifi...~d and adequately addressed If question d of part ii was checked
yes. the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
Check this box if you have iden§fied ~e or mom potentially large or significant adverse impacts which MAY occur Than proceed directly to the FULl
EAF and/or prepare a positive declaraUon.
Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed act,~
WILL NOT resuit in any significant adverse environmental ¢ngacts AND provide, on attachments as necessary, the masons supporting thi~
determination.
Name of Lead Agency
Date
Title of Responsible Officer
Pdnt or Type Name of Responsible Officer in Lead Agency
-- Signature of Respons~e~-'~-~r ~n Lead Ager~cy Signature of Preparer (If different from res.frangible officer)
,, ~ I'~o~ko ~ II'~C. Serving the waterfront community since1987
RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, emaJl: permits~docko.com
December 2, 2010
NYS DOS
Department of Coastal Resources
99 Washington Avenue
Albany, NY 12231-0001
Re: Linda Borden, Fishers Island
Dock Modifications
To Whom It May Concern:
On behalf of our client, we submit the attached Federal Consistency Assessment Form for
dock modifications in Hay Harbor on Fishers Island, New York. We enclose herewith the
following in support of this permit application:
Two prints each of plans titled:
Project:
Waterway:
Location:
Applicant:
Date:
"Dock Modifications"
Hay Harbor
Fishers Island, Town of Southold
Suffolk County, New York
Linda Borden
July 22, 2010
Two copies of Corps of Engineers, NYS DEC and Town of Southold
Application forms, Location Map, Tax Assessor's Map, NYS DOS Coastal
Management Federal Consistency Assessment Forms, Environmental
Questionnaire and Project Narrative.
I trust that you will find this application package complete and acceptable: please let me
know if the need for further information arises.
Very truly yours,
Keith B. Neilson, P.E.
KBN:jm
Enclosures
CC: Linda Borden
NYS DEC: Regulatory Affairs
ACOE
TOS: Doherty
File: I0-09-2237 BORDEN
NEW YORK STATE DEPARTMENT OF STATE
COASTAL MANAGEMENT PROGRAM
Federal Consistency Assessment Form
An applicant, seeking a permit, license, waiver, certification or similar type of approval from a federal
agency which is subject to the New York State Coastal Management Program (CMP, shall complete this
assessment form for any proposed activity that will occur within and/or directly affect the State's Coastal
Area. This form is intended to assist an applicant in certifying that the proposed activity is consistent with
New York State's CMP as required by U.S. Department of Commerce regulations (15 CFR 930.57). It
should be completed at the time when the federal application is prepared. The Department of State will use
the completed form and accompanying information in its review of the applicant's certification of
consistency.
APPLICANT
I. Name: LINDA BORDEN
2. Address: 195 CLIFF ROAD, WELLESLEY, MA 02481-1343
3. Telephone: Area Code (631) 788-7088, Docko, Inc., A~;ent (860) 572-8939
PROPOSED ACTIVITY
1. Brief description of activity: CONSTRUCT A 4-FT. W1DE X 27 (+/-) LF WOOD TIMBER AND PILE-SUPPORTED
PIER EXTENSION WITH ASSOCIATED LADDERS, INSTALL A TIE-OFF MOORING INCLUDING ANCHOR,
CHAIN AND BALL ALL WATERWARD OF THE APPARENT HIGH WATER LINE.
2. Purpose of activity: THIS IS A PRIVATE DOCK FOR RECEATIONAL BOATING.
Location of activity:
SUFFOLK
FISHERS ISLAND, TOWN OF SOUTHOLD
City, Town or Village
EQUESTRIAN AVENUE
Street or Site Description
3. Type of federal permit / license required: U.S. ACOE, NYS DEC, TOWN OF SOUTHOLD
4. Federal application number, if known:
5. If a state permit / license was issued or is required for the proposed activity, identify the state agency and provide the
application or permit number, if known:
C. COASTAL ASSESSMENT ChecJ~f~er "YES" or "NO" for each of the followj~Kquestions. The numbers following
enchq~.~i~nrefertothep~icies~theCMPda~tm~`~(scef~m~teon~)whichmayhea~e~ by the
proposed activity.
1. Will the proposed activity vesult in any ofthe following:
a. Large physical change to a site within the coastal area which will require the preparation of
an environmental impact statement?. (11, 22, 25, 32, 37, 3g, 41,43) ....................
b. Physical alteration of more ~ two acres of land along the shoreline, land under water or
coastal waters? (2, I l, 12, 20, 2g, 35, 44). .......................................
c. Revitalization / redevelopment of a deteriorated or underutilized waterfront site? ( 1 ) .......
d. Reductionofexistingorpotentiallmblicaecesstooralongeoastalw~. (19,20) ......
e. Adverse effect upon the commas,iai or recreational use of coastal fish resonrces? (9,10)...
f. Siting of a facility essential to the exploration, development and production of energy
resoorcos in coastal waters or o~ the Outer Continental Shelf?. (29) ..................
g. Siting of a facility essential to the generation or transmission of energy? (27) ...........
h. Mining excavation, or dredging activities, or the placement of dredged or fill material
in coastal waters? (15, 35). ..................................................
i. Discharge of toxics, hazardous substances or other pollutants into consml waters?(8,15,35)
j. Draining of stormwater ranoffor sewer overflows into co~tal waters? 03) .............
k. Transport, storage, Irentment, or disposal of solid wastes or hazardons materials? (36, 39).
1. Adverse effect upon land or water uses within the State's small harbors? (4) ...........
YES ~Q
x
x
X
X
X
X
X
X
X
X
2. Will the proposed activity affect or be located in, on, or adjacent to any of the roi!owing:
a. State designated freshwater or tidal wetland? (44) .................................
b. Fedemlly designated flood and / or state designated erosion hazard area? (11, 12, 17) ....
c. State designated significant fish and / or wildlife habitat? (7) .........................
d. State designated significant scenic resource or area? (26) ...........................
e. Sta~ designated important agriealtm-al lands? (26) ................................
f. Beac, h, dame or barrier island? (12) .............................................
g. IVlajor ports of Albany, Buffalo, Ogdensburg, Oswego or New York? (3) ................
h. State, country, orlocalpark? (19,20) ...........................................
i. Historic resource listed on the National or State Register of Historic Places? (23) ..........
X
X
X
X
X
X
X
3. Will the proposed activity require any of the following:
a. Waterfront site? (2, 21, 22) .................................................
b. Provision of new public services or infrastructure in undeveloped or sparsely populated
sectiom of the coastal area? (5) .............................................
c. Constn~Jon or reconstm~ion ora flood or erosion control structure? (13, 14, 16) .......
d. State water quality permit or cen'ifieation? O0, 38, 40) ............................
e. State air quality permit or certification? (41, 43) .................................
X
X
4. Will the proposed activity occur within and / or affect an area covered by a State approved
Local waterfront revitalization program? (see policies in local program document) .........
X
-2-
D. ADDITIONAL STEPS
I. If all of the questions itt Section C are answered "NO", then the applicant or agency shall complete Section E and
" Sub the docnmentation required by Section F.
If any of the questions in Section are answered "YES", then the applicant or agent is advised 1o consult the CMP, or where
appropriate, ihe local waterfront revitalization program document. The proposed aclivity must be analyzed in more detail
with respect ~o the applicable state or Iocal~coastal policies. In the space provided below or on a separate page (s), the
applicant or agent shall: (a) identify, by their policy numbers, which coastal policies are affected by the activity, (b) briefly
assess the effects of the activity upon the policy: and (c) state how the activity is consistent with each policy.
Following the completion of this written assessment, the applicant or agency shall complete Sect/on E and submit the
documel~tatiou required by Section F.
The applicaut or ageut musl certil}, that the proposed activity is consistent with the State's CMP or Ihe approved local waterfront
revitaliz~lion program, as appropriate. If this certificalion cannot be made. the proposed acllvity shall not be undert~k[n_: If this
cerlifiealion eau be made, complete Ibis Seclion.
' I he proposed ac i',' y comp ,es wn ~ New York Stale s approved Coastal Management Program, or with the applicable approved
local waterfronl revitalizalioa program, and will be conducted in a manner consistenl with such program."
Applicant / Agent's Name: LINDA BORDEN
Address: 195 CLIFF ROAD. WELLESLEY, M_A_ 02481-1343
'lciephone: Area (7ode ~ I) 788-7088
F. StlL~MISSION _R_F:QUIREMENIS
'lhe applicm~t o~ agent shall submil the following documcms Io the Ney, York Slale Department of Stale, Division of
(_oastal Resources and Waterfront Revitalization, 162 Washington Avenue, Albany, NY 1223 I.
a. Original :¢igned lbrm.
b. Copy of he cumple ed tederal agcacy application.
c. Other available informalion which wonld supporl the ccrlificalioa ofcansistency.
The npplicanl or agent shall als( ~ubmil a copy ofthis completed Ibnn along with his / her application to the Ibderal agency.
Il' fl~erc are any questions regarding the submission of this form. contact the Department of State at (518J 474-6000.
SEE/VII ACHED NARRATIVE
state ami local documcnl5 are available fi>r inspecliou at the offices of many l~ederal agencies, Department of
L:n,,ironmeutal Conservatiou and Departmeul of Sla!e regional omces, and lhe appropriate regional and comity planning
agencies. 1.ocal program docmnems are als*~ ,~vailable fi'~r inspection al the ~f~ces of the apl-ropriate local governmenl.
-3-
C:{')II'ICE/WPWIN"WI)I)OCS"I~:aI2 (Revised 10/15/99)
LINDA BORDEN
PHOTOGRAPHS
This photograph shows the Borden site looking in a southerly direction. The dock for the
Anthony's property is clearly visible at the fhr righthand edge of the photograph. There is no
dock on the Chapaton property along the left edge of the photo. The tidal wetlands
vegetation that has grown up on either side of the docking facility is clearly evident and the
existing pier sits in between the two outcrops. The pier will be in an extension in the
direction from which the photograph is taken.
LINDA BORDEN
PHOTOGRAPHS
This photograph shows the existing stairway down the bank with the Borden's house in the
backgrotm& Substantial compliance with the permit cma be visually confimaed in this
photograph. The pier will extend over the boulder in the lower leflhand comer and straight
out in that direction toward the Warden house which is shown in the next photograph.
LINDA BORDEN
PHOTOGRAPHS
This photograph shows the alignment of the stair and landing platform in perspective to
the cove. The pier will run basically straight toward the Warden house in the backgq'ound
and for a perspective, would end just beyond the extent of the visual line over the tripod.
Clearly, this will be a minimal structure and well within the littoral development area of
the Borden's, No navigation conflict or interference with public access to and from public
trust lands and waters of the State will be created by this structure.
Docko, Inc.
Serving the waterfront community since1987
RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: permits@docko.com
May 9, 2012
Mr. James King, President
Southold Board of Trustees
P.O. Box 1179
Southold, NY 11971
Re: Borden, Fishers Island
Work Start Notice
Dear Mr. King:
This letter is to notify the Town of Southold Board of Trustees that work will commence
at Ms. Linda Borden's property located at Equestrian Avenue on Fisher Island starting
May 14, 2012. The contractor is Connecticut River Dock and Dredge located in Essex,
Connecticut.
Please give me a call if you have any questions.
Yours truly,
DOCKO, INC.
Keith B. Neilson, P.E.
KBN: cb
Cc: Mrs. Linda Borden
File: 10-09-2237 BORDEN
CIocko, I nl~ · Serving the waterfront community since 1987
RO. Box 421, Mystic, CT 06355 (860) 572.8939 Fax: (860) 572-7569, email: permits@docko.com
April 12, 2012
Mr. James King, President
Southold Board of Trustees
P.O. Box 1179
Southold, NY 11971
Re: Linda Borden, Fishers Island
Dock Modifications
Dear Mr. King,
On behalf of our client Linda Borden, we enclose herewith two copies of the revised dock
modification application drawings for your review and comment.
I trust that you will find the application drawings acceptable. Please let me know if the
need for further discussion arises so we may move this permit process forward. As
always, your assistance is greatly appreciated.
KBN:cb
Enclosure
Cc: Linda Borden
File: 10-09-2237 BORDEN
Yours truly,
DOCKO, INC.
Keith B. Neilson, P.E.
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. 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: April 20, 2011
Re:
Proposed Wetland Permit for LINDA BORDEN
SCTM#1000-9-9-27.4
Docko, Inc. on behalf of LINDA BORDEN requests a Wetland Permit to construct a 4'X 27' wood
timber and pile supported pier extension, to the apparent Iow water line, with associated ladders.
Located: Equestrian Ave., Fishers Island. SCTM#9-9-27.4
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.
Based upon the information provided on the LWRP Consistency Assessment Form submitted to this
department, as well as the records available to me, it is my recommendation that the proposed action is
CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that
the Board considers the following:
§ 275-11. Construction and operation standards.
A. General. The following standards are required for all operations within the jurisdiction of the
Trustees:
(2) Erosion control. Installation of an erosion control structure is necessary during any
building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may
include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt
booms. The placement of the erosion control structure(s) shall be determined by the Trustees or
their designee. All intertidal construction and excavation requires the installation of a silt
boom that will retain all suspended sediments within the immediate proiect area.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
Cc: Lori Hulse, Assistant Town Attorney
BOARD OF TRUSTEES
TOWN OF SOUTHOLD
Office Use Only
X
__ Coastal Erosion Permit Application
__ Wetland Permit Application
Administrative Permit
Received Application
Receivexl Fee:
Completed Applic~'t Ion
__ Incomplete
SEQRA Classification
Type I __ Type II __ Unlisted
Coordination Date: ( Date Sent)
LWRP Consistency As,sessment Form
CAC Referral Sent ~ ~Q
Date of Inspect on-
__ Receipt of CAC Report
__ Lead Agency Determination:
Technical Review:
Public Hearing Held: ~_ ,:~.
Resolution:
Name of Applicant: Linda Borden
Address: 195 Cliff Road
Wellesley, MA 02481-1343 Phone Number: (631) 788-7088
Suffolk County Tax Map Number: 1000 - 009 - 9 - 27.4
Property Location: Equestrian Avenue
(provide LILCO Pole #, distance to cross streets, and location)
AGENT: Docko, Inc.
(If applicable)
Address: P. O. Box 421,
Mystic, CT 06355
Phone:
(860)572-8939
1
&rd of Trustees Applic&tiO
GENERAL DATA
Land Area (in square feet): 1.1 ACRE
Area Zoning: RESIDENTIAL
Previous use of property: RESIDENTIAL
Intended use of property: RESIDENTIAL
Covenants and Restrictions:
If "Yes", please provide copy.
Yes X No
Does this project require a variance from the Zoning Board of Appeals __
If "Yes", please provide copy of decision
Prior permits / approvals for site improvements:
Agency
Town of Southold
US ACOE
NYS DEC
NYS DOS (General Concurrence)
Date
May 21. 2008
May 14~ 2008
June 13. 2008
June 16. 2008
Yes X No
__No prior permits / approvals for site improvements.
Has any permit / approval ever been revoked or suspended by a governmental agency?
~X No __ Yes
If yes, provide explanation:
Project Description (use attachments if necessary): Construct a 4-fi. wide x 27 (+/-) LF wood
timber and pile supported pier extension, to the apparent low water line, with associated ladde~rs
all waterward of the apparent high water line.
Board of Trustees ADp14cation
WETLAND / TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations: This is a private dock for recreational boating.
Area of wetlands on lot: 0.1 acre (+/) square feet
Percent coverage of lot: 10% (+/-) %
Closest distance between nearest existing structure and upland
edge of wetlands: 100 feet
Closest distance between nearest proposed structure and upland
edge of wetlands: 0 feet
Does the project involve excavation or filling:
X No Yes
If yes, how much material will be excavated? __ cubic yards
How much material will be filled? __ cubic yards
Depth of which material will be removed or deposited: __feet
Proposed slope throughout the area of operations: Remains unchaneed
Manner in which material will be removed or deposited:
See Suoolemental Narrative
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):
No adverse imoact is anticipated on the wetland~ because all of the improvements are located clear of small isolated
soartina frinee patches.
Bo&r~ of Trustees ADDlic&tion
COASTAL EROSION APPLICATION DATA
NOT APPLICABLE
Purposes of proposed activity:.
Are wetlands present within 100 feet of the proposed activity?
__No __ Yes
Does the project involve excavation or filling?
__No Yes
If Yes, now much material will be excavated?
How much material will be filled?
Manner in which material will be removed or deposited:
(cubic yards)
(cubic yards)
Describe the nature and extent of the environmental impacts to the subject property or
neighboring properties reasonably anticipated resulting from implementation of the project as
proposed, including erosion increase or adverse effects on natural protective features.(Use
attachments if necessary):
Jill M. Doherty, President
Bob Ghosio, Jr., Vice-President
James F. King
Dave Bergen
John Bredemeyer
Town Hall, 53095 Main Rd.
P.O. Box 1179
Southold, NY 11971
Telephone (631 ) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
BOARD OF TRUSTEES: TOWN OF SOUTHOLD
In the Matter of the Application of
LINDA BORDEN
COUNTY OF SUFFOLK'
STATE OF NEW YORK
AFFIDAVIT OF POSTING
being duly swom, depose and sly:
That on theq~/~ay of ~ o ccfi , 201/, I personally posted the prope~y known as
by placing the Board of Trustees official poster where it c~ easily be seen, ~d that I have checked
to be sure the post~ has remained in place for ei~t days prior to the date of the public hearing.
Date of hearing noted thereon to be held Wed~ March 23n 2011 on or about 6:00 PM.
Dated:
(signature)
Sworn to before me this
/t/P/~..day o f,r//~?.0//
y~/~tar~ Public
Town of Southold
Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM
PROPERTY LOCATION: 8.~?.N.~ THE FOIA.OWIN6 ACTION8 MAy REQUII~E THE SUBMISSION OF A
~ O~' ~' ~. 7, ~ STORM.WA?EP~ GRADIN~ DRAINAGE AND EROSION CONTROL PLAN
mK~l moc~ Lot CERTIFIED BY A DGSIGN PROFEB$1OflAL IN THE 8'TATE OF NEW YORK.
$COP~OFW'O~ - ?~OPOSFJ) CO~[1KTJ~-;t'tO~ ~I~.M# / WO]G[~$,~SS~G:NT
a. Whatist~?o~BIAmaofthel:~ctl:'am~s? '
(include Total Area ~f M Pamels I~cat~l wilhln /... ~ ~---..dG~ 1 GenedatedWill this Project Retain AIl St~n~-Water Run-Offby. TWO (2') Inch Rainfall off Site'/'
the Scop~ ~ WoCK f~' Pn:~x~ed CoflMnJc~on) (sJ,. ~enm) ('l~ls Item wll klctude ali run-off cmeMd by site v/
b. What is the Tc~al Ama ~ Land Cleadng cieadng and/or ~eflstr~.'~n ec~vifies as wee as al
/~OW Site In~ and the pemMnent creation of
and/or Ground Disturbance for the proposed ~. Imperious
cons~Jcllon a~ la.P.,,~.) 2 DG,,. Sit. F~a. ar~o~ S.,ey
PROV1DK-BRI[F PROJ-F.~I' DF, SCIutt'IION 0~-~:--.~ DralnageStruc~mslndica~ngSize&!_oca~on?This ~ I I
~ shall Ir~lude all Proposed Grade C.~ and
a~ sediment ~on~ol pracllce, that will be used to v
cofltrol sl~e emslofl ami stem water dlsc~ ~ --
Exc. ava~ion wh~'e them Is 8 d~nge to lbo Natural r~
~,o~ D/'G.,.~G,c~ Sl':'~q~,d.~-.r,c::~v'~.~4d~ Exi~ingGradelnvo~vlngmomthan20OCublcYards __
~" (5,000 S.F,) Square Feet of Ground SuKa~e?
~~~ ;~ ,,(J/c:'/'t ~'~- 6 Is thereaNatuml Water Coume Run~lng Ihrougllthe
Sie? Is this Project withl. ~'~e Tmslee~ Jurisdiction
GK~'.I OaC 8WI~ It~aalmm.'~: Of within 0~® Hundred (100') faetofaWa,and or --
ql~tu~anmsofm~e(t)or~'e~ac~; I~dudlngdlllurt~r~a~ofla~lh~eacmlhat I Willlh.rebeS~epreparallono~E.,~ngC-mdeSIopas
am pl~ of a larger comm~ p~n that wil ulaA'e~My dbtu~ erie or rmm e~m~ ~lend; which ~ Flfteefl (15) feet of Vef~cal Rise to
indud~g C~nl~J~ofl letlvllles Inv=lvl~g Ioll dlttl~nc~ ~ I#1 ~afl o~ (1) acre Mlem One Hundred (100') oi' Horizontal D]stanee? I~1
f~ ~mm W.~r DI.dmrp~ fr=m C*am.alJcllm ~ · ~ k ~P4-'lO-OOt.) Surfac~ be Sloped to Direct Stoml-Waler RumOff
mme~c~d ~ m~ce I~e ix~lumnm h s~om~ ~' ~lsd~gas m.,d t~ ass~xe Item Wl~ln Ihe T~ Right-of. Way or Road ShoulderL.T.J
co~',/o~ ....~.[~.......o. ......... .o..Lv.. ss
.. ..............................................................................................................................
{j .
Ow~ and/or r~prcsenl~five of thc Owner or Owners, ~']d is duly ~uthorb. cd to pe~'m'm ~r h.~ p~ff'm'mcd
make a~d ~e this appllcadon; thai all sla~mcnts co. la')ed i~ ~ ~ppllc~don a~ a'ue m d~ best of his k~o~dedl~ a~d be]ie~, a~l
that thc wods. will be performed in the n'umner set [otth in the application filed het~Ath.
Sworn to before me d~.is;
........
/( ~, ' ,, 0 '
FORM - 0
617.20
State ElWironmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The fuli EAF is designed to hetp al~icants and agencies determine, in an orderly rmmrer, whether a project or action may
be sagnifleant. The question of whether an action may be signifier is not always easy to answer. Frequently, there a~e aspects of
a project that are subjective or unmeasurable. It is also unde~stoud that those who determine significaoc'e may have little or no formal
knowledge of the environmeet or may not be technically expert in environmental analysis, in addlidon, many who have kd~owledge
in one paticular area mey no~ be aware of the broader coocems affecting the question of signiricanoe.
The full FAF is intended to provide a method wheret~y applicants and agencies can be assured that the determination process
has been ordedy, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
Full FAF Compemmts: The full FAF is comprised of three pa~s:
Pat 1: Provides objective data and infolTnation abolJt a givee project and its site. By identifying basic project data, it assists
a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identif~ug the range of possible iml~cts that may occur from a project or action. It provides guidance
as to whether an impact is likely to be considered anall to moderate or whether it is a potentially-large impact. The
form also identifies whether an impact can be mitigeted or redtJced.
Part 3: If any impact in Part 2 is identified as potentialiy-large, then Part 3 is used to evaluate whether or not the impact is
THIS AREA FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions
Upon review of the information recorded no this FAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and
COnsidering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that:
DA.
DC.
The project will not result in an), large and important impact(s) and, therefore, is one which will not have a
significant impact on the environment, therefore a negative declaration will be prepared.
Although Uae project could have a significant effect on the environment, there will not be a significam effect
for this Unlisted Action because the mitigatio~ measures described in PART 3 have been required, therefore
a CONDITIONED negative declaration will be prepared**
The project may result in one or rnore large and imporlant impacts that may have a significant impact on the
enveonment, there~ure a pesitive declerafle~ will be prepmed.
*A Conditioned Negative Declaration is only valid for Unlisted Actions
LINDA BORDEN - DOCK MODIFICATIONS
Name of/~tlen
Name of Lead Agency
Print or Type Name of Responsible Offleer in Lead Agency
Title of Responsible Olf~er
Signature of Responsible Officer in Lead Agency
Signature of Preparer (if different from responsible officer)
website
Page I of 21
OPART 1--PROJECT INFORMATIONO
Prepared by ProJect Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the
environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the
application for approval and may be subject to further verification and public review. Provide any additional information you believe
will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies,
research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance.
Name of Action DOCK MODIFICATIONS
Location of Action (include Street Address, Municipality and County)
EQUESTRIAN AVENUE, FISHERS ISLAND, SUFFOLK COUNTY
Name of Applicant/Sponsor LINDA BORDEN
Address 195 CLIFF ROAD
Gity / PO WELLESLEY State MA Zip Gode 0248 l- 1343
Business Telephone (631)788-7088
Name of Owner (if different)
Address
C~ty / PO
Business Telephone
State Zip Code
Description of Action:
CONSTRUCT A 4-FF. WIDE X 27 (+/-) LF WOOD TIMBER AND PILE SUPPORTED PIER EXTENSION, TO THE APPARENT
LOW WATER LINE, WITH ASSOCIATED LADDERS, ALL WATERWARD OF THE APPARENT HIGH WATER LINE.
Page 2 of 21
Please Complete Each Question--Indicate N.A. if not applicable
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: [] Urban r"] Industrial r-~ Commercial
[] Forest ~ Agriculture [] Other
Residential (suburban) [] Rural (non-farm)
Total acreage of project area: 1.1 acres.
APPROXIMATE ACREAGE
Meadow or Brushland (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pasture, etc,)
Wetland (Freshwater or tidal as per Articles 24,25 of ECL)
Water Surface Area
Unvegetated (Rock, earth or fill)
Roads, buildings and other paved surfaces
Other (Indicate typo)
PRESENTLY AFTER COMPLETION
0.5 acres 0.5 acres
0.! acres 0. l acres
0 ach5 0 acres
0 acres 0 acres
0.3 acres 0.3 acres
0 acres 0 acres
0.2 acres 0.2 acres
0.0 acres 0.0 acres
What is predominant soil typo(s) on project site?
a. Soil drainage: r~well drained 100 % of site
N Poorly drained __ % of site
D Moderately well drained % of site.
4. Are there bedrock outcroppings on project site? r""'t Yes
a. What is depth to bedrock (in feet)
5. Approximate percentage of proposed project site with slopes:
r~o. lo% 40% r~lo. 15% 30% r~ 15% or greater 30 %
6. Is project substantial~y.~ontiguoes to, or contain a building, site, or district, listed on the State er National Registers of
Historic Places? [] Yes ~=] No
Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes J'~JNo
If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS Land
Classification System7 acres (see 1 NYCRR 370).
[] No
F~No
8.
9.
10
What is the depth of the water table? 0 to 10 (in feet)
Is site located over a primary, principal, or sole so,rce aquifer? J~JYes [] No
Do hurEiog. ;;si~h~g or ~heii f~shing opF.o[tunities presently exist in the project area? r~ Yes
Page 3 of 21
1 1. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
DYes ~No
Accordin~l to:
I
Identif~ each species:
I
12. ,Are there any unique or unusual land forms on the project site? {i.e., cliffs, dunes, other geological formations?
r~Yes E~]No
Describe:
I
Abrupt bank is a part of eroding coastal bluff protected by vegetation. No conslmction is proposed on the bank.
1 3. Is the project site presently used by the community or neighborhood as an open space or recreation area?
FlNo
If ~/es, explain:
I
1 4. Does the present site include scenic views known to be important to the community?
I
I~Yes
[~]No
1 5. Streams within or contiguous to project area:
None
Name of Stream and name of River to which it is tributary
1 6. Lakes, ponds, wetland areas within o~ contiguous to project area:
None
b. Size (in acres):
Page 4 of 21
17. is the site served by existing public utilities? [~ Yes [] No
a, if YES, does sufficient capacity exist to allow connection? ~'~ Yes
b. If YES, will improvements be necessary to allow connection?
NNo
BYes BNo
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Ardcle 25-AA, Section 303 and
304? DYes J~No
19. Is the site located in or substantialh/contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL,
and 6 NYCRR 617? r'JYes ~ No
20. Has the site ever been used for the disposal of solid or hazardous wastes?
1. Physical dimensions and scale of project (fill in dimensions as appropriate).
a. Total contiguous acreage owned or controlled by project sponsor:
b. Project acreage to be developed: 0.] acres initially;
c. Project acreage to remain undeveloped: 0.5 acres.
d. Length of project, in miles: 0.001 (if appropriate)
e. If the project is an expansion, indicate percent of expansion proposed. __
f. Number of off-street parking spaces existing __
g. Maximum vehicular trips generated per hour:
h. If residential: Number and type of housing units:
One Family Two Family
Initially 1 existing;
Ultimately I retain
i, Dimensions {in feet) ot- largest proposed structure: 25 height;
j. Linear feet of frontage along a public thoroughfare project will occupy is?
2. How much natural matedal (i.e. rock, earth, etc.) will be removed from the s~te?
3. Will disturbed areas be reclaimed OYes NNo ~'IN/A
a. If yes, for what intended purpose is the site being reclaimed?
I
r-j Yes [] No
l.l acres.
O.l acres ultimately.
100 %
3; proposed retain 3
N/A (upon completion of project)?
Multiple Family
Condominium
30 +/- width; 40 length.
lO0 ft.
0 to lO tons/cubic yards.
b. Will tOpSOil be StOCkpiled for reclamation? NYes J~l NO
C. Will upper subsoil be stockpiled for reclamation? N Yes [] No
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site?
0.0 acres.
Page 5 of 21
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
[]Yes ~No
6. If single phase project: Anticipated period of construction: ! months, (including demolition)
7, If multi-phased:
a. Total number of phases anticipated __ (number)
b~ Anticipated date of commencement phase t: __ month __ year, (including demolition)
c. Approximate completion date of final phase: __ month __ year.
d. Is phase 1 functionally dependent on subsequent phases? N Yes ~ No
Will blasting occur during construction? ~-I Yes I~ No
Number of jobs generated: during construction 3; after project is complete __
9.
10. Number of jobs eliminated by this project 0
11. Will project require relocation of any projects or facilities? N Yes
If yes, explain:
I~No
12. Is surface liquid waste disposal involved? ['--1 Yes I~No
a. If yes, indicate type of waste (sewage, industrial, etc) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? N Yes ~l No Type
14. Will surface area of an existing water body increase or decrease by proposal? I ~'~Yes NNo
If yes, explain:
IThe pier will be extended to the mean low water line and so will project 27
feet into inter-tidal zone waters but is less than the 25% width of the
waterway. Navigation will not be adversely impacted.
15. Is project or any portion of project located in a 1OO year flood plain? ~']Yes
16. Will the project generate solid waste? [] Yes [~] No
I~No
a. If yes, what is the amount per month? __ tons
b. If yes, will an existin9 solid waste facility be used? ~ Yes I"-1 No
c. If yes, give name : location
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ~'-}Yes
-']No
Page 6 of 2~1
e, If yes, explain:
17. Will the project involve the disposal of solid waste? NVes r~"iNo
a. If yes, what is the anticipated rate of disposal? -- toesJmonth.
b. If yes, what is the anticipated site life? __ years.
18. Will project use herbicides or pesticides? NYes r~ No
19. Will project routinely produce odors (more than one hour par day)? r"'lYes r~JNo
20. Will project produce operating noise exceeding the local ambient noise levels? N Yes J~ No
21. Will project result in an increase in energy use? N Yes [] No
If yes, indicate typa(s)
22. If water supply is from wells, indicate pumping capacity __ gallons/minute.
23. Total anticipated water usage ~ day 10+/- gallons/day.
24. Does project involve Local, State or Federal funding? [] Yes ~ No
If yes, explain:
Page 7 of 21
25. Approvals Required:
City, Town, Village Board
~Yes N No
Type
Town of Southold []
Board of Trustees
NYS DEC
NYS DOS
US Army Corps
of Engineers
Submittal Date
November 2010
Nov. 2010
Nov. 2010
Nov. 2010
City, Town, Village Planning Board N Yes r'] No
city, Town Zoning Board
N Yes [] No
City, County Health Department N Yes [] No
Other Local Agencies
E]Yes [] No
Other Regional Agencies
E~Yes [] No
StateAgencies Dm]Yes N No
Federal Agencies ~ Yes N .o
C. Zoning and Planning Information
1. Does proposed action involve a planning or zoning decision? r"lYes
if Yes, indicate decision required:
~ Zonieg amendment
r'~ site plan
~No
D Zoning variance
r--]Special use permit
D New/revision of master plan
~lResource management plan
r-1 Subdivision
r"'] Other
Page 8 of 21
What is the zoning class~cation($) of the site?
Residential, single family, one dwelling per lot.
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
I Residential, single family,, one dwelling per lot.
4. What is the proposed zoning of the site?
I No changes
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
proposed
6. Is the proposed action consistent with the recommended use5 in adopted local land use plans? r~ Yes
,,
7. What are the predominant land use{s) and zoning classifications within a Y, mile radius of proposed action7
Adjacent land uses are residential, single family and multi-family.
~]No
8. Is the proposed action compatible with adjoining/surrounding land uses with a ¥, mile?
9. If the proposed action is the subdivision of land, how many lots are proposed?
a What is the minimum lot size proposed.7
J'~J Yes [] No
Page 9 of 21
10. Wil~ proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No
11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection7
OYes [~No
a. Ir yes, is existing capacity sufficient to handle projected demand? [] Yes F--J No
12.
Will the proposed action result in the generation of traffic significantly above present levels?
a. If yes, is the existing road network adequate to handle the additional traffic. []Yes
[
OYes [] No
r~No
D. Informational Details ·
Attach any additional information as may be needed to clarify your prqiect. If there are or may be any adverse impacts
associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid ti~em.
E. Verification
I certify that fil~ icd~rmation provided above is true to the best of my knowledge. ( !
ApplicantJSt:~sor Name LINDA BORDEN Date Lt/ ~I t ~
Title
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assesslnent Form before proceeding with this
Page 10 of 21
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAlL RECEIPTS
mallqe:
Address:
Mr. Robert Anthony
Mr. Donaldson Chapaton
Fishers Island School District
P. O. Box 1000, Millbrook, NY 12545
3711 San Felipe St., Houston, TX 77027
P. O. Drawer A, Fishers Island, NY 06390
STATE OF CONNECTICUT
COUNTY OF NEW LONDON
DOCKO, INC. , residing at 14 H~)LMES STREET, MYSTIC, CT 06355, being duly
sworn, deposes and says that on the //'7~ day of J"~O~, 20//, 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 MYSTIC, CT, that said Notices were mailed to each of said persons by (certified)
(registered) mail.
Sworn to before me this /ti'ilL
Day of ff/7/~/~/ ,20//
N;tarY Pub'li . / ;
w
I~] Returrl Receipt Fee
Certified Fee
fl1 Return Receipt Fee
I;~ (Endorsement Required)
Restricted Derive n/Fee
r--I (Endorsement Required)
Total Postage & Fees
Board of Trustees Application
AUTHORIZATION
(where the applicant is not the owner)
I, LINDA BORDEN residing at
(print owner of property)
FISHERS ISLAND, NY
EQUESTRIAN AVENUE
(mailing address)
__ do hereby authorize DOCKO, INC.,
(Agent)
MYSTIC, CT to apply for permit(s) from the Southold Board of Town
Trustees on my behalf.
(Owner's signature)
Board of Trustees Application
County of Suffolk.
State of New York
LINDA BORDEN BEING DULY SWORN DEPOSES AND
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 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
REPRESENTATIVE(S), TO ENTER ONTO MY PROPERTY TO INSPECT
PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION.
Signatu,~e
SWORN TO BEFORE ME THIS
RO~ERTO CASTILLO
Nota~ Public
Commonwea#~ of Massactlusetts
My C,~mmi~sior~ Expires Ap~t119, 2013
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 numose of
this form is to nrovide information whtch can alert the town of oosstble conflicts of interest and allow ~t to take whatever action s
n~cessary to avoid same.
(Last name, first name, middle initial, unless you arc 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: (Chock 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", 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 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 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, paint, or child is (check all that apply):
__ A) tho 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 ban¢fieial 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 RELATIONSHIP
Form TS 1
Submitted t~e, ~ay o~ ~'?e.~t' ~,~ ey 20(IL
Signature ~
Town of Southold
LWRI~)NSISTENCY ASSESSMENT FOI~
A. INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, shall complete this
CCAF for proposed actions that are subject to the Town of Southold Waterfront
Consistency Review Law. This assessment is intended to supplement other
information used by a Town of Southold agency in making a determination of
consistency. *Except for minor exempt actions including Building Permits and other
ministerial permits not located within the Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should review
the exempt minor action list, policies and explanations of each policy contained in the
Town of Southold Local Waterfront Revitalization Program. A proposed action will
be evaluated as to its significant beneficial and adverse effects upon the coastal area
(which includes all of Sonthold Town).
If any question in Section C on this form is answered "yes" or "no", then the
proposed action will affect the achievement of the LWRP policy standards and
conditions contained in the consistency review law. Thus~ each answer must be
explained in detail~ listing both supporting and non-supporting facts. If an action
cannot be certified as consistent with the LWRP policy standards and conditions, it
shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning
Department, all local libraries and the Town Clerk's Office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 1000 - 09 - 9 - 27.4
PROJECT NAME: Dock Modifications (Linda Borden)
The Application has been submitted to (check appropriate response):
Town Board
Planning Board __
Building Dept.
Board of Trustees X~
1. Category of Town of Southold agency action (check appropriate response):
a) Action undertaken directly to 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:
X
Nature and extent of action:
Construct a 4-ft. wide x 27 (+/-) LF wood timber and pile supported pier extension, to the apparent high
water line, with associated ladders, all waterward of the apparent high water line.
Location of action: Property off of Equestrian Avenue
Site acreage: Parcel = 1.1 Acres
Present Land use: Residential
Present Zoning Classification: Residential
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: Linda Borden
b) Mailing Address: 195 CliffRoad, Wellesley, MA 02481-1343
c) Telephone number: Area Code (63 I) 788-7088
d) Application number, if any
Will the action be directly undertaken, require funding, or approval by a state or federal
agency?
Yes X.... No__
If yes, which state or federal Agency? US ACOE, NYS DEC
Evaluate the project to the following policies by analyzing how the project will further
support of 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.
X Yes __ No __ Not Applicable
These dock modifications makes appropriate use of an existing waterfront site and complies with
environmental design factors published by the NYS DEC, and the DOS Coastal Management Progyam,
Southold Local Law No. 6, 2004 and the Southold LWRP. The pier will be built to a 4-foot deck hei~_,~t
over the bottom sediments until passing the apparent mean low water line. Rails will be 42 inches above
the deck. There will be no impairment ofwaterflow or navigation.
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III - Policies Page 3 through 6 for evaluation criteria.
Yes No X Not Applicable
2
· 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
__ Yes __ No X Not Applicable
The proposed work is the construction of a 4-ft. x 27 (+/-) LF wood timber and pile supported pier
extension with associated ladders. The only visual access affected by this project is at the applicant's
site and immediate neighbors in this small cove which is surrounded by trees. The portion of the facility
visible from the Anthony's or Chapoton's from the east will look substantially the same, as the existing
facility. The mooring ball and moored boat on the pulley line will probably be visible through the trees.
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 X Not Applicable
These proposed dock modifications will take place in Hay Harbor and is acknowledged to be in a flood-
prone area; there is no wave exposure at this site. The pier extension will be designed to accommodate
complete submersion and resist hydrostatic and hydrodynamic uplift pressures due to flooding.
Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP
Section III - Policies Pages 16 through 21 for evaluation criteria.
Yes __ No X Not Applicable
This proiect will not have any affect on suitability of or availability of drinking water on Fishers Island.
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
3
This project is consistent with this policy because it proposes the elevation of the pier extension at an
acceptable height above the bottom sediments through which adjacent tidal wetlands vegetation may
spread, the docksite however is so heavily shaded by trees surrounding the cove, that vegetation along
the shoreline is minimal_ No adverse impact on tidal or submerged vegetation is anticipated as a result
of the proposed project. In addition, the NYS DEC prepared a study showing that the proposed pressure-
treated Southern Pine timber products construction materials are suitable for this t~pe of project in this
location, except for decking which will be of untreated woods or composite (or plastic) materials.
As mentioned earlier, the design parameters shown on the drawings provides an optimum balance
between acceptable design and access standards without depriving the wetlands vegetation the
oppommity to spread.
Policy 7. Protect and improve air quality in the Town of Southold.
Policies Pages 32 through 34 for evaluation criteria.
Yes No X
There are no air quality issues related to this project.
facility.
See LWRP Section 111 -
Not Applicable
No emissions will be generated by the dock
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and
hazardous substances and wastes. See LWRP Section I11 - Policies; Pages 34 through 38 for
evaluation criteria.
Yes No X Not Applicable
There is no solid waste or ha?ardous substances to be generated from this project. The pressure-treated
wood trimmlnga from the dock construction will be collected and disposed of in accordance with current
regulations so as to minimize any harmful affect.
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 II1 - Policies; Pages 38 through 46
for evaluation criteria.
Yes No X Not Applicable
'~_hi~s oroject is being built ema~aiing from private lined, fhc public trust lands and waters constitt~tes lhe
area between the mean high water line and mean low water line and the resources are from the high tide
l~e, out. These environmental ~urces are being protected by the dc~ standards dictated by the
NYS DEC. There is virtually no~blic use of the water~ont m this area~llSd the reconstruction of the
pier and landward extension above the apparent hiEh water line are not likely to influence or change this
fact.
WORKING COAST POLICIES
Policy 10. Protect Southoid'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.
X Yes __ No __ Not Applicable
This proiect is to build a pier extension for water-dependent, recreational and transportation boating.
This usage is defined as water-dependent in the LWRP because the pier extension will for recreational
boating and provide boat transportation access to the mainland. The pier to shore is to provide access
while protecting existing habitat.
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 X Not Applicable
This pier is not used for commercial fishing or shellfish industries or enterprises.
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section 111 - Policies;
Pages 62 through 65 for evaluation criteria.
Yes No X Not Applicable
This pier is not used for or in support of any agricultural or aquaculture industries or enterprises.
Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP
Section Ill - Policies; pages 65 through 68 for evaluation criteria.
Yes __ No X Not Applicable
This pier is not used for or in support of any energy or mineral mining or processing operations.
PREPARED BY Keiih B. Neilson, P.E. Docko, Inc. TITLE_Agent DATE November, 2010
5
~LHINDA BORDEN PIER EXTENSI~IIk
AY HARBOR, FISHERS ISL~
NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION
NOVEMBER 2010
GENERAL
The Borden family owns parcel 1000-009-9-27.4 on Equestrian Avenue located off the south
end of Hay Harbor on Fishers Island. The site is generally moderately sloped, sandy gravel earthen
materials and moderately to heavily covered with trees and understory along the shore. The frontage
of the property is approximately 40 feet along Hay Harbor in a cove along the easterly shore side end
of Tennis Racquet Island abutted by the Chapoton family to the east and the Anthony's to the west.
The waterfront consists of a steep sloping shore leading from wooded bank to a stone and gravel
beach with small spartina fringe marsh growth areas.
It is Ms Borden's desire to build a 4-ft. wide by 27 (+/-) LF wood timber and pile supported
pier extension emanating from their shoreline stairway and landing and will include associated
ladders all waterward of the apparent high water line. The new pier have an end elevation of five
feet, sloping upward and crossing over the intertidal zone at a typical height of four feet above the
bottom sediments until reaching an elevation of seven feet and then level from there to shore.
This supplemental narrative has been prepared in accordance with the requirements of Town
of Sonthold, Ordinance No. 6, 2004, as well as the local Waterfront Redevelopment Plan related to
docks and shorefront improvements. In addition, various coastal policies under the New York State
Coastal Management Act are addressed herein for review by the New York State Department of State
Section 661 of the NYS DEC Regulation pertaining to work in or adjacent to Tidal Wetlands is also
addressed in this narrative.
DESCRIPTION OF WORK
As mentioned in the introductory paragraph, this project is to extend a fixed wood pile and
timber stairway and landing in accordance with existing guidelines set forth in the Town of Southold
ordinance No. 6, 2004.
It is envisioned that this pier extension will be built utilizing the following general sequence
and methodology.
The marine contractor will arrive by barge with barge-mounted crane and push boats.
New piles will be driven starting at the new landside end of the pier and proceeding waterward
to shore at roughly 10-foot intervals to the end of the existing pier. These piles will be driven
by double-acting air hammer to a bearing resistance of approximately 20 tons. This generally
results in about ten feet of embedment of the pile in the bearing stratum. These piles will be 8-
inch nominal diameter measured the butt.
-1-
After the piles are installed, split caps (otherwise referred to as split clamps) consisting of
pressure treated ~hem Pine timbers ranging from 3 x 4 x 12 nominal dimension, will
be bolted to the ~llgs transversely. Stringers will be t the split caps parallel to the
length of the pier. In all likelihood, three runs of stringers will be set and will probably consist
of 3 x 10 pressure-treated Southern Pine.
The outer stringer on each side will be bolted or spiked to the pile to take care of any uplift
forces that this pier might be exposed to.
After the stringers have been connected to the piles and split caps, the decking will be installed
in accordance with Town of Southold's Ordinance No. 6, 2004. This decking will be non-
CCA treated fir, pine, oak, or cedar or could be Timber Tech or similar plastic composite
material with the brushed side mounted up. The synthetic decking will be either gray, brown
or natural in color. Decking will be attached to the stringers utilizing stainless steel flathead
square-drive wood screws about 3 inches long and will be set with a 1/8" to tA" gap between
members. The decking will run at an elevation of 6 feet, or 4 feet above the existing bottom
sediments, and then slope upward at 1 foot vertically per 10 feet horizontally, or less,
paralleling as closely as possible the slope of the existing intertidal zone until reaching the
stair landing. At this point the decking will level off and run straight to the shore landing.
The aligmnent of the landing will be maintained throughout the pier's length.
The piles will extend 42 inches above the deck surface and have horizontal rail members
mounted to them to support vertical balusters at the owner's option, with 3 7/8" inch clear
between balusters. A horizontal hand rail will be installed on the top of the rail; intermediate
rails can be cable in lieu of wood.
Water and electricity will be mn out on the pier in the space between the stringers so that
trickle chargers on the boats may be powered during tie-ups. In addition, the water will allow
boats to be rinsed off after usage. A power post with an internal light will be mounted to the
end of the pier with receptacles to provide power to the boats from extension cords. The
power post will also have a coiling ann for storage of the hose between uses. Because the
dock may be used during the hours of darkness, low-intensity lights will be mounted on
staggered piles or dock rail posts to illuminate the walking surface. This system will be
manually controlled so that the lights will only be on when necessary for safety of the users.
REQUIREMENTS OF SECTION 97-25 OF THE WETLANDS LAW
The permittee acknowledges that the validity of this permit is subject to the approval of other
governmental or municipal authorities.
The permittee does, by the acceptance of this permit, assume all responsibility for operations
undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons
and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify
and save harmless the Town and its officers.
The permittee gives consent to the Town and its officers, employees and agents to enter upon the
premises where such operations are being conducted to make such inspections to determine whether said
operations are being conducted in conformity with the permit.
The permittee will notify the Trustees in writing one week prior to initiation of any and all
operations.
The permittee will notify the Trustees in writing upon completion of operations such that the site
can be inspected for issuance for a certificate of compliance.
In response to Sub-section 2a and the General Rules for Standards of Residential and
Commercial Docks, the following additional information is offered.
-2-
1. Permits fie work are being applied for througb~ Town, US ACOE, NYS DEC and
a coastal We consistency determination by the NY~I~DOS.
The new piles to be installed will be of sturdy, durable and stable materials; in all
likelihood, CCA pressure-treated Southern Yellow Pine piles with new framing of the
same materials. These members will be a minimum of 3 x 8's and more often, 3 x 10's
with at least one 1" bolt per connection, and in most cases, two 3A" bolts.
This pier is a fixed, pile-supported timber structure and therefore does not adversely
affect the free circulation of water or reduce the effects of fluctuating water levels in Hay
Harbor. In addition, it does not present any adverse modification of the shoreline, which
has already been crossed by the existing stair and landing. The pier's elevation is such
that in extreme high flood tides the hinged ramp landing of the structure might be
flooded. The structure timber materials are specifically grown for this purpose and
represent the standard of the industry. With the connections described above, this
structure will be able to survive repeated inundations and even incident waves at higher
tide elevations.
It is respectfully requested that the use of CCA pressure-treated piles and timbers be
approved for this project.
The pier will not be decked with CCA pressure-treated Southern Pine. This pier /
walkway provides a safe pedestrian surface for access to the berthed boat.
The 15-foot clearance specified in this paragraph should not be an issue because this
project has been laid out to make reasonable use of a small cove and reaches adequate
water depth in conformance with minimum DEC guidelines yet maintains adequate
clearance from existing structures and the likely area of new structures on adjacent
property. Because of the lot geometry, with converging lot lines, this standard cannot be
met.
Upon receipt of the permit for this project, appropriate permit numbers will be affixed to
the most seaward face of the pier for identification from the water.
There are no permanent structures located above the pier decking nor are any planned at
this time other than the power post, lights and railing.
There is a stairway on the landing which will be supplemented to create a passage way
get around this pier and that access ability will be retained. There is little room to walk
under the pier at low tide. Foot traffic in this area is rare, if at all.
These application documents include a copy of the Federal Consistency Assessment Form
utilized for the New York State Coastal Management Program under the jurisdiction of the New York
State Department of State. The following policies have been identified as pertinent to this application
and the reason for consistency associated with this project is outlined in each respective case.
Policy 2 -Water Dependent Uses - This project is to construct a fully functional water dependent use
of a docking facility for recreational boating at this site.
-3-
Policy 5 - Use of Existing Developed Shorefront - This project will be primarily to build a pier from
the existing a logical sh~vard point of origin, clear of sensitive~itat or tidal wetlands and make it
safe and reliably usablL~fi all weather conditions the pier ha~J~een configured to stay within a
reasonable area of littoral development for this parcel stating from about the middle of the property.
Policy 7 - Significant Fish & Wildlife Habitat - Protection of significant fish and wildlife habitat
has been considered in the development of this project layout. The pier's shore point of
beginning will be at the existing stair landing, then a level or sloped segment to the ramp
landing. Adequate height will be maintained above bottom sediments between the mean high
and mean low water lines.
Policy 8 - Protection & Preservation of Habitat - Protection and preservation of habitat has also been
considered in this project and the dock structure is being kept to its minimal configuration consistent
with standards of the industry and restrictions set forth in the Wetlands Law, No. 6, 2004 set forth by
the Town of Southold. The pier alignment has been laid out more or less north / south as much as
possible to allow sunlight to reach the bottom sediments beneath from the east in morning and west in
the afternoon.
Policy 11 - Minimize Damage to Natural Resources - The pier construction project has been laid out
in such a way so as to minimize damage to natural resources as identified in Policy 7 above by
alignment and elevation. The point of landfall is an existing permitted structure.
Policy 14 - No Measurable Increase in Flooding - This project consists of construction of an open
wood pile and timber pier that will in no way adversely affect waterflow and circulation in Hay Harbor
or flooding potential of the area. Flood levels all around Fishers Island are dictated by water levels in
Long Island Sound and Block Island Sound and this structure will have no adverse influence on those
flood levels.
Policy 15 - No Dredging - Dredging is not required in this project. The existing floating dock system
has been laid out and configured to avoid dredging requirements. The water in this tiny cove does not
get appreciably deeper until much further out. To build a pier and float of adequate length to reach 4
feet of water would cut off several adjacent land owners from water access and has this not been
considered. The Bordens are satisfied to keep only a small motorboat at this facility.
Policy 19 - Impact on Public Access - Public access will not be jeopardized or impeded as a result of
this project. As a matter of fact, there is almost no public access usage of the public trust lands or
waters at this site. The intertidal zone hosts two small tidal wetlands fringe marsh areas and there has
been no observed submerged aquatic vegetation in their area during the past 10 years during which
regular observations have been made. The shallow sub-tidal waters do not present any opportunity or
enticement for public access in the area. Thus, public access to the State's lands and waters will not be
adversely affected by the project.
Policy 20 - Public Tmst Compatibility with Existing Adjoining Properties and Land Uses- Public
Trust compatibility with existing adjoining properties and land uses has also been considered in this
project. The Anthony's property has a small docking facility similar to this one and this docking
facility will not interfere with existing or proposed facilities on immediately adjoining properties.
Policy 21 - Water Dependent Recreation - This project is consistent with water-dependent recreational
opportunities policies set forth in this section. The dock system will be used for boating and water
recreation without adversely affecting water point access by the Anthonys or the Chapotons.
Policy 24 -Scenic Resources, Impairment or Loss - This policy is designed to prevent impairment or
loss of scenic resources. The construction of the inland section of the structure, the fixed wood pile
-4-
and timber pier, will not represent any new encroachment or structure which would create a loss of
scenic resomces. The elected inboard section to be extended v~e largely over-shadowed by the
tree growth on the site on~ bank.
Policy 25 - Enhance Overall Scenic Quality - The new dock structure will be consistent with the
scenic quality of the area and prevent loss of scenic resources as described in Policy 24 above,
and will not adversely impact the scenic quality of Hay Harbor; the structure is only visible to
the public straight north of the Cove.
Policy 44 - Preserve and Protect Tidal Wetlands - It is acknowledged that the fringe marsh of spartina
alterna flora along the shorefront is a valuable though very limited, resource. The raised height of the
pier should allow the continued good health of the spartina fringe marsh adjacent to the wood pier.
NYS DEC TIDAL WETLANDS REGULATIONS SECTION 661 - This project is for a usable pier to
the MLW line with a tie-off mooring to keep the boat afloat in more than 2 feet of water at low tide
meeting standards set forth in 661.5 and yet not adversely encroaching on neighbor's littoral
development areas. This project is compatible with inter-tidal and littoral zone development
regulations adjacent to tidal wetlands vegetation. There will be no adverse impact to wetlands or
submerged aquatic vegetation; there is none in the area of the proposed pier.
SUMMARY
This project represents an extended fixed pier for recreational boating access for the Borden
property on Fishers Island. A copy of all US Army Corps of Engineers, NYS DEC and Town of
Southold applications are attached as substantiation for this project. This project is consistent with
regulations for this work at this location. No mitigative or compensatory measures are required.
This project complies with applicable standards of the New York State Coastal Management
Act and Local Ordinance No. 6, 2004 and its approval is respectfully requested.
Respectfully submitted,
DOCKO, INC.
Keith B. Neilson, P.E.
-5-
~o~ko; Ir'lc. Serving the waterfront community since1987
RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: permits@docko.com
February l4,2011
Ms Jill Doherty, President
Southold Board of Trustees
P.O. Box 1179
Southold, NY 11971
Re: Linda Borden
Dock Modifications
Dear Ms Doherty:
On behalf of our cliem, Linda Borden, we enclose herewith the following in support of
her permit application for dock modifications in Hay Harbor on Fishers Island.
FEB 2 5 2011
~' Four prints each of plans titled:
Project:
Waterway:
Location:
Applicant:
Date:
"Dock Modifications"
Hay Harbor
Fishers Island, Town of Southold
Suffolk County, New York
Linda Borden
July 22, 2010
Four copies of the Southold Board of Trustees permit application, SEQR-Part
1, LWRP Consistency Assessment Form, Tax Assessor's Map, Environmental
Questionnaire, EFH Assessment Worksheet, site photographs, narrative and
location map and Check in the amount of $250.00 payable to the Town of
Southold for Tidal Wetlands Permit.
One copy of each of the other applications to regulatory agencies
I trust that you will find this application package complete and acceptable; please let me
know if the need for further information arises.
Very truly yours,
.9.qcI o, INC.
KBN.'jm
Enclosures
CC: Linda Borden
US ACOE
NYS DEC: Environmental Permits
NYS DOS
File: 10-09-2237 BORDEN