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Home My WebLink AboutTR-7741 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino 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 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 __ Ist day of construction ¼ constructed __ Project complete, compliance inspection MHW , , . .... ~ .,' TAX LOT 1'8 131' of e~;~t,ng 147.76 BIT / Maintain 10 foot wide zone of non lawn buffer adjacent to bulkhead includes brick walkway 2 Existing ~l~d I0 ~ cu~ at ~ ~ a~ grade a~er pr~ bulk~ad ~s mns~ll~ lOVED BY BOARD OF TRUSTEES TOWN OF ,?~UTHOLD /~, ~o/2- Jo~n & Ameha Wood 3150 O'Cl Jule Lar-e Ma~t~uC~ NV 11952 ~-16-12 3-31-12 BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7741 DATE: MAY 16~ 2012 1SSUED TO: JOHN & AMELIA WOOD PROPERTY ADDRESS: 3150 OLE JULE LANE~ MATTITUCK SCTM# 122-4-19 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on May 16, 2012, and in consideration of application fee in the sum of $250.00 paid by John & Amelia Wood and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to replace 131' of existing wooden bulkhead with a vinyl bulkhead installed adjacent and inland of existing bulkhead and to be tied into neighboring bulkheads; remove old bulkhead by cutting pilings at or near grade, preserving existing wetland substrate; remove and replace existing brick walkway on sand bed and leveling as needed; and install and maintain a 10' wide non-turf along the landward side of the bulkhead; and as depicted on the site plan prepared by Dru Associates, Inc., last dated March 31, 2012, and stamped approved on May 16, 2012. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS 10. The Perufittee John & Amelia Wood, residing at 3150 Ole Jule Lane, Mattituck, New York 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 clahns for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this pemfit, and the said Pennittee 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. 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 tow water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Pernfittee will obtain all other permits and consepts that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michae! J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 May16,2012 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ronald W. Abrams Dru Associates, Inc. 40 Hitching Post Lane Glen Cove, NY 11542 RE: JOHN & AMELIA WOOD 3150 OLE JULE LANE, MATTITUCK SCTM# 122-4-19 Dear Mr. Abrams: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 22, 2012 and again on May 16, 2012 regarding the above matter: WHEREAS, Ronald W. Abrams on behalf of JOHN & AMELIA WOOD applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 31, 2012, and revised project description on April 27, 2012, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, in accordance with Chapter 268, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 22, 2012, and again on May 16, 2012, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of JOHN & AMELIA WOOD to replace 131' of existing wooden bulkhead with a vinyl bulkhead installed adjacent and inland of existing bulkhead and to be tied into neighboring bulkheads; remove old bulkhead by cutting pilings at or near grade, preserving existing wetland substrate; remove and replace existing brick walkway on sand bed and leveling as needed; and install and maintain a 10' wide non-turf along the landward side of the bulkhead; and as depicted on the site plan prepared by Dru Associates, Inc., last dated March 31,2012, and stamped approved on May 16, 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, · King President, Board of Trustees JFK/eac Chad and Sharon Mello 3030 Ole Jule Lane Mattimck, N.Y. 11952 June 4, 2012 Mr. and Mrs. John Woods Re: Wood Letter of Permission 3150 Ole Jule Lane Mattituck, N.Y. 11952 JUN 11 2012 S0uthhuld Town Board of Trustees Dear Town of Southold, I hereby provide permission for the Woods, of 3150 Ole Jule Lane, to extend their shoreline bulkhead across our property line to be joined with our own bulkhead as they refurbish their entire bulkhead. This extension was requested by the Town of Southold to be in compliance with their policies concerning the configuration of bulkheads with the Town. Chad and Sharon Mello James F. King, President Bob Ghosio. Jr.. Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Rome 25, P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: JOHN & AMELIA WOOD Please be advised that your application dated January 31, 2012 has been reviewed by this Board at the regular meeting of February 22, 2012 and your application has been approved pending the completion of the following items checked off below. XX Revised Plans for proposed project - bulkhead to tie into neighboring bulkheads on --north and south sides; a 10' wide non-turf buffer adjacent to the bulkhead; letters from each neighbor in agreement to join the bulkheads. Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) ½ Constructed ($50.00) XX Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) XX The Permittee is required to provide evidence that the non-turf buffer condition of the Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Final Inspection Fee- $50.00 TOTAL FEES DUE: $ 50.00 BY: James F. King, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 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., February 15, 2012 the following recommendation was made: Moved by Doug Hardy, seconded by Derek Bossen, it was RESOLVED to SUPPORT the Wetland Permit application of JOHN & AMELIA WOOD to replace a wooden bulkhead with navy style timber bulkhead installed adjacent and inland of existing bulkhead; remove old bulkhead by cutting pilings at or near grade, preserving existing wetland substrate; remove and replace existing brick walkway on sand bed and leveling as needed. Located: 3150 Ole Jule Lane, Mattituck. SCTM#122-4-19 Inspected by: Derek Bossen, Doug Hardy The CAC Supports the application with the Condition of a 10' non-turf buffer. Vote of Council: Ayes: All Motion Carried James F King, P~esident Bob Ghosio. J~, Vice-Presidenl Dave Bergen Michael J Domino P.O Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax (6311765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report JOHN & AMELIA WOOD request a Wetland Permit to replace a wooden bulkhead with navy style timber bulkhead installed adjacent and inland of existing bulkhead; remove old bulkhead by cutting pilings at or near grade, preserving existing wetland substrate; remove and replace existing brick walkway on sand bed and leveling as needed. Located: 3150 Ole Jule Lane, Mattituck. SCTM#122-4- 19 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland P~c'Of Town Code proposed work falls under: hapt.275 Chapt. 111 other Type of Application: etiand _Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: v~J. Kin~ ~B. Ghosio :D. Bergen, ¢/~. Bredemeyer. ~/Michael Domino D. Dzenkowski Form filled out in the field by ?, 'i : ) p ~; Mailed/Faxed to: Date: other New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0362 Fax: (631) 444-0360 Website; w'ww dec ny .qo~ May 6, 2011 Mr. John Wood 3150 Ole Jule Lane Mattituck, NY 11952-2118 Re: Permit No.: 1-4738-04026/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621 ) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerefy, Mary ,~. MacKinnon Agency Program Aide MAM/Is 'M)3, '~ OltK SI' ~.I'E DI-;P.\I~ I'ME~T OF I']NVII~,ONM EN IAI. C( NM(IO,'.Vi' t)~ t, acitiD DI-;C 11) 1-4738-04020 PERMIT ..... Un_de? the?,.'nviLo_nme_ntal ~9nsgrvati°D L_aw ~ECI,) Permittee and Facility Information l'¢rmit Issued To: Facility: JOHN WOOl) WOOD }'ROPERTY 3 t 50 OI,E JLII,E LN 3150 OLE J U LE LN ~SCTM# 1000-122-4-19 MATTITUCK. NY 1 t(~52-2118 MATTITUCK, NY t1952-2118 Facility Application Contact: DRU ASSOCIATES IN(; 40 ItlTCIIING POST LN GL[:~N COVE, NY 11542 (516) 676-7107 FaciliW Localion: in SOUTHOLD i ~ SUFFOLK COUNTY '~ fllage, Mattiluck Facility Principal Reference Point: NYTM-E: 707.7 NYTM-N: 4539.8 Latitude: 41°58'58,6" Longitude: Project l,oeation: 3150 Ole Jule l,ane - Watercourse - James Creek Authorized ActiviD': Reconstruct 127 linear fect ofbulkheading landward of the existing bulkhead, a~':d cut Ibc existing bulkhcad to grade after thc installation of the newly constructed bulkhead. Reconstruct lhc existing, parallel capping boardwalk (back walk) landward of bulkhead. All authorized acl~xities shall be in strict conformance with the attached plans stamped "NYSDEC Approved" on 5 0, ti.' (MAM) SAP# 1-08-011 Permit Authorization Tidal ~3.'etlands - Under Article 25 Permit D 1-4738-04026/00001 New Permit Effcctive Date. ~ 6, 2011 Expiration [)ate: 5/5/2016 \Vater Quality Certification - Under Section 401 - Clean V~ater Act Permit ID 1-4738-04026/00002 Nc~ Permit Effeclive Date: 5,'6/2011 Expiration Date: _5~5,f29j6 Excavation & Fill in Navigable X, Vaters - Under Article 15, Title 5 Permit ID 1-4738-04026,00003 New Pemfit Effcctivc Dale: .~,~".~6/_20~1 [ Expiration Date: 5/5/2016 Page 1 of 7 NEW YORK STA* I( I)EP.,\RTM Facility I)EC ID 1-4738-041)26 r: I~;NV1P, ONM E,NT:\I. CONSERV:VFION NYSDEC Approval By acceptance of this permit, the pcrmittee agrees that the permit is contingent upon strict compliance with the ECL. all applicable regulations, and all conditions included as part of this permit. ~s Permit Administrator: JOHN A tND, Deputy Re trator Address: NYSDEc, W~ ~ON i HEADQ/12~__I?_K~_ ./ )K/NY 117,90-349q~'~ / Distribution L~st DRU ASSOCIATES INC tlabitat - TW MARY A MACKINNON Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO AL[. AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITrEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL 1~ NAVIGABLE WATERS 1. Regulated Activities Authorized By This Permit This permit ONLY authorizes those regulated activities / structures 'identified under the section titled "SAPP Authorized Activity". The Department does not issue after-the-fact or as-built permits. This permit does not authorize activities, or legitimize the existence of structures, which would have required a permit but for which no permit or other authorization has been granted by the Department. 1. 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 Dm Associates last revised on 4/12/t 1 . Page 2 of 7 Xl.;W YORK STAI'E I)EI'ARTMENT OF ENVIII. ONMENTA1- CONSEF, VATION ~ Facility I)EC ID 1-4'~38-04026 3. 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 fon'n certi~ing that they arc fr'ully aware of and understand all terms and conditions of this permit. Within 30 days of completion t>f project, the bottom portion et'the form must also be signed and returned, along with photographs of thc completed work. 4. New Bnlkhead Landward of Existing Structure The new bulkhead shall be constructed landward of thc existing structure. The existing sheathing shall not be removed until the landward sheathing is securely in place. Oncc the new sheathing has been appropriately installed, the old sheathing shall be cut to grade or removed in its entir~y. 5. Excavation for Bulkhead/Structure Prior to any construction or removal of bulkheads and other shorcline stabilization structures all backfill shall be excavated landward of the structure and retained so as not to enter the watc~vay, tidal wetland or protected buffer area. 6. Replacement Bulkhead Maximum Height The top elevation of the replacement bulkhead shall be no more than 18 inches higher than the existing bulkhead. 7. Jet-in Bulkhead Bulkheads constructed directly adjacent to vegetated tidal wetlands shall be hand driven or jetted in with no disturbance to the tidal wetland. Trenching is strictly prohibited. 8. Backfilling The installation of the approved replacement bulkhead shall be completed prior to the placement of any fill material behind the structure. 9. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). ~0. No Beach Excavation For Fill No excavation of thc beach is authorized for the purpose of obtaining fill or stone materials. H. 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. 12. No Runoff Over or Through Bulkhead or into Wetland Upon completion of the bulkhead rcplaccment authorized herein, there shall be no discharge ofrunoffor other effluent over or through the structure or into any tidal wetland or protected buffer area. 13. Use of Treated Wood The use of wood treated with creosote, pentachlorophenol or other wood treatment not specifically approved by the Department for use in wetlands and'or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters. 14, No Structures on Reconstructed Bulkhead or Pilings No structures, other than structures specifically authorized by this permit, shall be constructed on the reconstructed bulkhead or pilings without further authorization from the Department (new permit, modified permit). IS. Parallel Capping Boardwalk The width of the parallel capping boardwalk shall not exceed six (6) feet. No portion of the boardwalk shall extend seaward of the most seaward face of the bulkhead sheathing. Page 3 of 7 NE\x~ ~: ()RK STATE I)EPAI~.I'*IENI OF ENVIRONMENTAL CONSEI.D,'AT1ON ~ Facility DEC ID 1-4738-04020 16. Storage of Equipment, Materials The storage of construction equipment and materials shall bc confined to the upland area landward of the bulkhead or on a barge. 1,. No Disturbance to Vegetated Tidal Wetlands I'here shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. Is. No Constroction 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 itl wetlands anWor protected buffer areas. t0. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site rc~nains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or .jute matting until weathe~ conditions favor germination. 2o. Temporary Mulch, Final Seeding If seeding is impracticable due to the time of year, a temporary mulch shall be applied and final seeding shall be performed at the earliest opportunity when weather conditions favor germination and growth but not more than six months after project completion. 2t. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 2~. 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 thc State for thc conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 23. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in thc position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shali cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of thc natural resources of the State, the owner may be ordered by the Department to remove or alter thc 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, fl~e owners, shall, without expense to thc 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. la. 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. Page 4 of 7 YORK S [.¥1 E 1)EPARI :MEN [ O1, [:.N5 1RONMLN 1 Al, ( ONSER~, ~.TION Facility I)EC 11) 1-4738-04026 25. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereb57 authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as thc Dcpa~ment of Environmental Conservation may rcquire~ remove all or any portion of the uncompleted structure or fill and restore thc site to its lbnner cc,ndition. No claim shall be made against the State of New York on account of any such removal or alteration. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS ] t. Water Quality Certification '['he NYS Department of Environmental Conservation hereby certifies that the subiect project will not contravene effluent limitations or other limitations or standards under Sections 30-1,302,303,306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditio is listed herein are met. GENERAL CONDITIONS - Apply to ALL Authorized Permits: I. 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 Io the pcm~it area when requested by the Department. A copy of this pcrmit, 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 thc 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 porn:nit does not modify, supersede or rescind any order or determination pre¥iously 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 Departtlqent for permit renewal, modification or transfer of' this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 IIEADQUARTERS SUNY ~ STONY BROOK[50 CIRCLE RD STONY BROOK, NY11790 -3409 Page 5 of 7 N I-:x3, YO t.K STAY1'\ 1)14 P kR 1 5'll~N I O1, EN'~ IRONMI'.N 1 AL CONSER', A~I I()~ fracilily DEC ID 1-4738-04026 al, 4. Submission of I>-cnewal Application Thc permittee must submit a renewal application at least .30 days before pern~it expiration for the following permit authorizations: Excavation & Fill in Navigable \Valors, Tidal Wetlands, Water Qua ty Certification. Permit Modifications, Suspensions and Revocations by the Department The Department rcscr¥cs the right lo modify, suspend or revoke this permit. Thc grounds for modification, suspension or revocation include: a. materially f~tsc 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 thc scope of the project as described in thc permit application; cl. newly discovered material information or a material change in e ~vironmental conditions, relevant technology or applicable law or reguIations since the issuance of the existing permit; c. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of thc 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 ResponsibiliD' and Agrees to Indemnification Fhe 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 pcrmittee'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 indenmification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for infbrming 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. Page § of 7 NEW YORK STATE DEP,',.RT.MENT OF ENVIRONMENTAL CONSERVATION l~ac~hly DkC 11 1-47.48-04026 Item C: Permittee Responsible for Obtaining Other Required Permits Thc permittcc is responsible tbr obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This pcIanit docs not convey to the permittec any right to trespass upon the lands or intcq'fcrc with the riparian rights of others in order to perfom'~ thc permitted work nor does it authorize thc impairment of any rights, title, or interest itl real or personal property held or vested in a person not a party to the permit. Page 7 of 7 MLV~ ~// ~ on /~TIy 201! ~8 oo T__AX__L~_;L8 Chad Mello S7__3° 16' 20" F lid w/bulkhead material ~ 14~"~ 76 (*' 210'deed) WOOf.) B/J L ~'D · Navy tm}be, bulkhead replaced roland adjacent to e~lstlng bulkhead 165.76 / +~ 20VERMANG ~ ~, j ~76 3~/ Oi-" APPROVED A$ PER TERMS AND CONDITIONS OF T~LQT~.I ChnsConkhn /, / ~, ~ /t ~ ~ / ~ t f ;_ Wood Bulkhead ..... 217'2011 A Crossection View MHW:+/-25' MLW=+/--05 Proposed navy t~mber bulkhead replaced inland 10' B. Proposed timber bulkhead detail 1 Navy timber bulkhead replaced roland adjacent to ex,sting bulkhead 2 Ex~stmg bulkhead to be cut at or lUSt above grade after proposed bulkhead ~S installed Ex~sting brick walkway hfted and replaced -70 ft to steps 0mprewousl on clean sand as and where ne~el. whalers MLW = +t- -0 5* Ex~sbng Bulkhead to be Proposed navy t~mber then cut al or lUSt above grade bulkhead after proposed bulkhead ~nstalled 0 2 5 5 i0 Feet NY C APr'ROVED AS PER TERMS AND CONDITIONS OF PERMI'r NO ' ,¢/',~' ¢ ., ' -x ~)AT~. .... Z~Y--'':~ Wood Bulkhead Crossection STATE OF NEW YORK DEPARTMENT OF STATE ANDREW M. CUOMO August 23,2011 CESAR A. PERALES l)r KW Abrams, CEP Dru Associates. lnc. 40 Ilitching Post Lane Glen Cove, New York 11542 Re; F-2011-0636 U.S. Army Corps of Engineers/New York District Permit Application - John & Amelia Wood Replace wooden bulkhead with navy style timber bulkhead installed adjacent and inland of existing bulkhead, remove old bulkhead by cutting pilings at or near grade. Where existing brick walkway must be lifted for work area, replace same on sand bed. James Creek, Town of Southold, Suffolk Count}' General Concurrence Dear Dr Abrams: The Department of State received your Federal Consistency Assessment Form and consistency certification and supporting information for this proposal on August 1,2011. Thc Department of State has determined that this proposal meets the Department's general consistency concurrence criteria. Therefore, further review of the proposed activity by the Department of State, and thc Deparlmenfs concurrence with an individual consistency certification for the proposed activity, am not required. This General Concurrence is without prejudice to and does not obviate the need to obtain all other applicable licenses, permits, other forms of authorization or approval that may be required pursuant to existing State statutes. When communicating with u, regarding this matter, please contact us at (518) 474-6000 and refer to our file #F- 2011-0636. Sinccrcly, Supervisor, Consistency Review Unit Division of Coastal Resources JZ/dc cc: COE/Ncw York District Stacey Jensen DEC/Region I - Roger Evans (#1 4728-04026) ONE COMMERCE PLAZA, 99WASH!NGTONAVENUE · ALEg~N¥, NY12231-0001 · (518)47a-0050 WWW DOS.STATE NY.US E-MA}Li !NFO~DOS STATE NY US NEW YORK SI'ATE DF. PARTMENT OF STATIc: COASTAL M^NAGEMF. NT PROGRAM !:edcral Consistency Asscssmcm l-erin ,\n applicant, seeking a pcrmit, license, waiver, certification or similar type of approval from a Ikxlcra[ agency which is subject ~o thc New York State Coastal Managemenl Program (CM P), shall complete this assessment form for any proposed activity lhal will occur wilhin and/or directly affect the State's Coastal A~ea T'nis fi~rm is intended Id assist an appllcam in ocr(irving that the proposed activity is ,Jonsislen! with New York Shllc's CMP as required by US. Deparh~mm of f 'creme[cc regulations ( 15 CFP. 930.57) l'. should bc completed at the time when the federal applicalion is prepared. Ihc I)cpartmcnl of State will ttse the completed form and accompanying information in its review of the applicant's cel-tification of consislcncy A 5.pp[~[¢'AN~[ (please print) John & Amelia Wood i Name: 3150 die Jule Lane, Mattituck. NY 11@52-2~ 18 2 Ad&ess: 3 lclcphonc: Area Code ( ) B, PI(OPOSED ACTIVITY I Bricfdcscriplion ofacti~ity: Replace wooden bu khead with Navy style timber bulkhead installed~cent and inland of existin~ bulkhead, '~-~m-o-(;~ old'~ulkhe~t by ~t~-n~pifings ~ 0~ n~r grad~, pre~rv~' ~Xisting wetland substrate. Where existing brick walkway must be lifted for work area, replace same on §fihd bed, ievelifi~ t%ion control, .odd ,.tOted.on and recreational wa er aoce.s rom re,urb,she,, b,,, head Suffolk Town of Southold 3150 die Jule Lane, Mattituok US Army Corps of Engineers tedcral appl:cation number, if kno',vn: Ifa static pcrmiVticcnsc was issucd or is required for Ibc proposed activity, identify tim state agency and plovide tim NYSDEC: 1 ~4738~04026/00001 OAS l'..\i,/~S.%ILSSM}LN'~ Check either 'Y F%" or "NO' for each ot'fl~ps¢ questions Thc nLnnhcrs following m~ch Will thc proposed activity r_csy/l in any of'thc following: a t,argc physicM change Io a site wilhin d~c coastal area which will require ibc prcparatiou of an environmental impacl statemcnt? (11.22.25.32, 37, 38,4!. 431 b Physical alteration of more than two acres of land along thc shorctinc, land under water or coaslal waters'? (2, I I. 12.20, 28, 35, 44) c Revitalizal~on, rcdevelopmenl of a deteriorated nr underutilized waterlkont site? (I) .... d. Rcdumion of exisling or potential public access to or along coastal waters? (19, 20) c Adverse cfl;2cl upon the commcrcia! or rccrcatienal nsc of coastal fish resources? (9,I0) . . J~ ~ t' Siting of a fi~cility csscnlial to thc exploration, dcvcloptncm and production of energy resources m coastal ~atcrs nr on Ibc f)t cr Continental SheW? {29) ~ ~ ~, Siling of a tS~ciliw essential 1o the generation or transm~ssmn of energy? 127) ..... ~, . ~ ~ h. Mimno excavation, or dredging aclivtties or thc placement of dredged o[ fill material m coasla': ~xatcrs' (lq, ~5) ~ ~ i l)ischargc ~1' toxics, bazardoos subsnmccs m other pollutants into coastal waters'~ 18, 15.35} ~ ~ ~ Draining of storm~ atcr runoff o; sewer oxerllows into coastal waters? (33) ......... ~ ~ 'k Transpo~, ~toragc, wcatmenL o~ disposal of solid w;mtc5 or hazardous materials? {36, 39) ~ ~ I Adverse cfl~cl upon land m water uses within thc State's small harbors'? (4) ......... ~ ~ 2 Will epr,p*sedactv v[L"e_c3orbe ocaedin, on oradiacenttoanyofthcfollowmg: a Slate designated f¥cshwaR*r or lidal '.~elland'~ (44) b Fedcrall3. dcsignatcd flood anti'or state dcsignaled erosion hazard area? (11. 12. 1 c. State designated significant fish and/or ;~ildlilk habitat? (7) ......... d Slate tlcsignated significant scemc resnarcc or area'? 124/ c Slam designatcd important agricultural lands? {26) ........................... f. Beach. dune or barrier island? 112) g Major ports of Albany. Buffalo, Ogdcnsburg, Oswego or New York? {3) .............. h Stale. counly, orlocalpark? 119,20) i [listotic ~csm~rce lislcd on l}~c National or Stale Register of Itistoric Places? (23) 'Will thc proposed acnxiw !e_ggirc ar:?,' of ~c t;:dlo:vinm [] [] a Wa~crl'ront site'? (2.21. 221 ............. b. Pro,,~sion of ney, public services or ~ntYastrucmre m undcvck)pcd or sparsely populated ~ ~ c Construction or reconslnm~ion of a flood or erosion control struclurc? (13. 14, 161 ~ ~ d. S a c waler quality permit or certificatioa? (30.38, 40} ~ ~ c. State ~ r quality permit or cerlification? {4I, 43) ...................... :;a~cr ¥ c:it~ i×a irm program? (see pcdicies in local program document) ...... J~- .-[~]- all of thc qucstlons in Section C arc answcrcd "NO'. then tim app cant m' agency shall cmnph:te Section I }lc applicanl or ageot must ccrdl}' d',at the proposed c iviw ~s consistent ,.,.'itl', thc State's CMP or hc approved Ioca* ,.~ atcrtiont [c,.italization pro,ram, as appropriate. If I}li$ certification cannot bcn adc. he pix puscd a_CLivit3 shall m~([q[lplsen Il'ti,is cert 'to'. ~ can be made, comr, lete this F, ecthm. Dr. Ronald W. Abrams 40 Hitching Post Ln. Glen Cove, NY 11542 c ci h{~,t,~ Area (.ode (516)676-7107 7tl 0!201 ! Date: F SUllMISSION RI~Q[ IRI!MI:;N['S I 'Iht applicam or agent shall submit thc follo~'.ing documcr, ts to thc Ne,,', York State Department of State, Office of Coastal Loca! Governmen! and Community Sns'ta nability, Atln: Cons sirenc'v Review Unit, I Commerce Plaza, 99 Washington AYenue ~ Suite 1010, Albany..New York 12231. a ('opy of original signed form b Copy ofthc completed )~deral agency application c Olhc~ available information which would support the certification of consistency Thc applicant ot agem shall also submit a ct)l*y of this completed fl~rm along with his'her applicatmn to 1 S ) 474 -fl(to0 the federal ( )n a separate page(s), thc applicam or agent shalh (a) identity, b? their policy nambers, which coastal policies arc aflbcted by thc activity. (b) briefly assess the effects ol'the activity upon the policy; and. (c) sta~c how Iht activity is consistent with each policy. Following thc completi{m of this written assessment, the applicant or agency shall complete Section E and submit the documentation required b} Ncction 1: Coastal Policies allow for. and require, rc,,italization of this sitc*s existing bulkheadcd boat slip (Policy 1), at a sttc used expressly for watcr<lependent (Policies 2, 21), for the purpose of controlling crosinn over the long term (Policy 13) and preventing flooding (Policy 14) of thc upland, where the landowner is asmg the facilit.,, to continue recreational boating access (Policy 22). In order to facilitate safe riparian access, lhc owner is replacing wooden bulkhead with Navy style wooden bulkhead installed adjacent and inland of existing bulkhead, remove old balkhead by cutting pilings al or near grade, preserving existing wetland substratc. \Vherc existing brick walkway must be lifted [or work area, replace same as un sand bed, leveling as needed. Also. thc prnposal i nclodes maintenance dredging of the boat slip to achieve safe depth, with the work pcrlbrmcd in a manncr consistent with thc protection of water quality and wctlands (Policies 35, 44): dredging xxi[l be conducted with clamshell cranm material disposed of oil'-site at an upland approved site The new bulkhead will be inland and adjacent to the existing timber bulkhead, with thc old bulkhead cut nffut grade after tine new matcrials are installed. The proposed dredging will m)t inter[ere with existing sand distribution, or mhcr natural resource protcctim~s, nor will il impact existing navigation and water resource usc since the work is contained within or dircctl} a4iacent to the existing boat slip, which is slable and not exposed to lung shore drill or long wind f'ctch (Policy I$). I CI(I~TIFICA'flON Iht applicant or agent must certify that thc proposed activity is consistent with the State's CMP or thc approved local ~atcrl¥ont revitalization program, as appropriate, lflhis certification cannot be made. the proposcd acdx ity shall not bc undertaken. If this certification can be made, comptetc this Section. "llm proposed activity complies w/th New York State's approved Coastal Management Program, or with the applicable approved local waterfront revitalization program, and will be conducted in a manner consistent with ~uch program" e Regulatory Branch. Eastern Permits Section DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K, JAVfTS FEDERAL BUILDING NEW YORK, NY 10278-0090 SUBJECT: Permit Application N~hmber WAN 20] 1-00903-ESQ by John & Amelia Wood John &Amel]a %'}o¢}d 3150 01e Jule Lane Ha~tituck, New York ]1952 Dear John & ~Zmelia Wood: 2011 On July 27, 2011, the New York District Corps of Engineers received a request for Department of the Army authorization to replace an existing bulkhead. (i} 127 - foot leng bulkhead will be constructed landward of the existing bulkhead. The site is located along James Creek, in the TOeT of Southold, Suffolk County, New York. Based on the information submitted to this office, and accomplishment of notificatien in accordance with the applicable iederai requirements, ou-~ zeview of the project indicates ~hat an individual permit is not ~equired. it appears that the activities within uhe jurisdiction of this office could be accomplished under Departmen~ o~ the Army Nationwide General Permit Number 3. The nationwide permits are prescribed as an Issuance of Nationwide Permits in the Federal Register dated March 12, 2007 {FR Vol. 72, No. 47}. The work may be performed without further authorization from this office provided the activity complies with the permit conditions listed in Section B, NO. 3, Section C, any applicable New York District !egiona] conditions, and any app] ~cable regional conditiens added by the State of New York, copies enclosed. Special CondiLions 1) The Dermittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Coz-Ds of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without exDense to the United States. No claim shall be made against the United States on account of any such removal or alteration. Please note that this nationwide permit (N3,TP) verification is based on a preliminary jurisdictional determination (JD). A preliminary JD is not appealable. If yen wish, priez to commencement of the authorized work you may request an approved JD, which may be appealed, by contacting the New York District, U.S. Army Corps of Engineers for further instruction. To assist you in this decision and address any quesniens you may have on the differences between preliminary and approved jurisdictional determinations, please review U.S. Army Corps of Engineers Regulatory Guidance Letter Ne. 08.-02, which can be found }: t.~tp.: .1 ~k~__'-2~.%% g e.__:__a rm¥_. m_j,j...iC ECW / D o_c_u.r~e~[At s ,' c ecwo / reg / rg 1 s / r g 108 - This verification is valid for a period of two years from the dale ef this letter, unless the nationwide permit is modified, reissued, o~ ~evoked. This verification will remain valid for two 'fears tram the date ef this letter if the activity complies with the terms of any subsequent modifications ef the nationwide permit authorization. If the nationwide permits are suspended, revoked, er modified in such a way tha%} the activity wo~L]d no longer comply with ~he terms and conditions of a nationwide permit, and the proposed activity has cormmenced, or is under contract to commence, the permittee shall have 12 months from the date of such action to comp!eta the activity. Ail ef the existing NIYPs are scheduled to be modified, reissued, or revoked Hatch 18, 2012. It is incumbent upon you to remain informed of changes te the N~;]Ps. We will issue a public notice whe~. the hi, PS are reissued. This authorization is conditional On the applicant's receiDt of the required water cruality certificate or waiver from the New York State DeDartment of Environmental Conservation (NYSDEC). No work may be accom~)lished until the required a~roval from NYSDEC has been obtained. This authorization is conditional on the aDDlicant's receiDt of the resulted coastal zone management concurrence or waiver from the New York State DeDartment of State (NYSDOS). NO work may be accomDlished until the required apDroval from N-YSDOS has been obtained. Within 30 days of the comDletion of the activity authorized by this permit, and any mitigation required by this Dermit, you are to sign and submit the attached comDliance certification form to this office. In order for us to better serve you, please complete our Customer Service Survey located at: http://~,~%{.nan.usace.army.mil/business/busiinks/regulat/index.php?s ~rve~. ~if any questions should arise concerning (~.~7) contac~ Sophia Squires, of my staff, at o~ this matter, please 790- 8401. si mcer'ely, Acting Chief, Eastern Permits Section CF: Dru Associates, Inc. Attn: Ronaid Abrams 40 Hitching Post Lane Glen Cove, New York 11542 REQUEST FOR APPEAL NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND \t~achcd ~s Sue Section Below S[~CTIOX I - The following identifies your rights and options regaling [m administralivc appeal of the above decision. Additional File Number: NAN- 20t I-(}0903-ESQ · AC'('f-P[: If you *ecei'~ed a Standard Permit, you ma? sign the pemfit document and return iq to thc New York District Engineer fi)r [ina[ [~uthorizabon. II'you received a l~etter uf Permission (I.OP),)ou ma~ accept thc I.OP and your ~vork is authorized. Y~}ar !a~ modi~ the permit to address all nf?ur concerns, (b) modif) thc permit to address some of ytmr obieclions, or (c) llot modif) the pcmfit having detclmined that th~ permit should be issued as previousl5 written. A[ler evaluating )our obj~tions, the New York [)istric~ I nginccr wflJ send you a profl~tcd permit tbr ?ur reconsidcratitm, as indicated in Section B below. B: PROFFERED PER MI I: 'fm~ ma? accept or appeal t c perm · A('f'FP]: If you received a Standard Permit. you may sign thc perndl document anti relum it to the New 5,.~rk District Engineer for final authori,'~tion. If you *cccived a 1 etter of Pennission {IA)P), you may accept the LOP and your work is authorized. Your appeal thc permit, including its t¢~ms and condifions, and approved jurisdictional determinations associated with the permit. · APPt,,\I: II:youcha,]sctod¢clincthcproflb~edpcrmit{Stal~dardt~l [,Op/because o~ cerlain terms and conditions thereim.~ou ma? appeal the d~ctinqd pcrmlt under thc Corps of Engineers Adminislralive Appca~ Process by completing Sedion I~ of this fo~ and sending the fim~ to thc No~h Atlantic Diviskm Engineer. A]TN: ('ENAI)-E I -O. lo~ I tamilton Mditary Community. Building 301. (icncral Icc Avcnuc. Brookl?n. NY 11252-6700 '[hi~ Rmn must bc received b) the Divisi~m 15ngince~ within 60 days of the date i}: .\I>PIIOVI D I[ [;IISDf("I IONAI. DE l [ RMIN.\ I It)N: You ma.,, accept ol appeal the approved JD or provide new information · \('('EP'I: You do not need to notit3 the ( orps tn accept an appro;ed JD. I:ailurc tn noti[}, the Corps within 6(3 days of'the date of this nohce, means that )on accept t[~e apprt~xed .Il) m its cntiret5. and waixe all rights ti) appeal lhe apptoxcd JD · '~ !'Pi ,\l: II'~ou disagicc ~ith thc ~lppro~cd ,II) ?u ma; appeal thc approved .!i) under thc Corps of Engineers Adminism~ti~c .Xppeal Fmcess b:, Cnnlpid~ng '~ectir~n I1 ot thi~ li.~m~ and sending the Ion~l to the di~isi0n etlgln¢¢r, lifts fimn mu~i be recei\ed b? rite North Adamic Division F.ngineer within 60 days of the dale of this notice ~ith a cop) flmtished to the New York District Lngineer [.: PREI.IMINARY .tURISDICTIONA[ DETERMIN& lION: You do not need [o respond to the Corps regarding the preliminary. Ihc I'reliminary .ID is not appealable, if you wish. you ma~, requesl an approved JD (which may be appealed), by contacting the Corps dislricl Iht furlher in'4lructim~ Alsn y,m may provide ne~ mtbrmulkm I'ot tbrther consideration by the Corps to reevaluale the JD. SECTION !I - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT P,I ,\ SONS; F()R ,\ PPE.\I OP- OB I:;C FIONS; (Dcscr be 5c r rea,-,o ~s tbr appea ng he decision or xour objections to an initial ,M3DI [IONA[ INFORMATION: I'be appeal is limited to a review of the administrative record, the Corps memorandum for thc record ol'lhe appeal conference or meeting, and an~ supplemental inlbrmation that the review officer has determined is needed to clari~ the administrative record. Neither the appellant nor the Corps may add ne~, information or analyses to thc record. However. you may provide additional information to clarif) the location of information that is alread~ in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFO~TION: Il'5 ou have questions regarding this decision andmr thc appeal process If you onl.', have questions regarding thc appeal process Michael G, Vissichelli. AdminisJrativc ,~ppeals Revie~ Officer Norlh Atlantic Division. [.S Arm? Engineer Division Fort Hamilton MililaD' Communiry General Lee Avenue, [~uilding 301 Brooklyn. Nh' I t 252-6700 i718) 765-7163 E-mail MichacI.G Vissichclli(./~usace.arm.~ mil RiGWI O[: ENlltD: Your signature below grants the right of entr}' to (. orps of Engineers persom~el, and any government consultants, to conduct hwestigations of the prqjeci site during thc course of the ap~al process. You will be provided a 15 day m)ticc of any site irwestigation~ and will have the op~unit3 to pa~icipatc in all site investigations. Date: I'elephone number: ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUNDINFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): September 8, 2011 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: John & Amelia Wood, 3150 Oie Jule Lane, Mattituck, New York 11952 C. DISTRICT OFFICE, FILE NAME, AND NUMBER:NAN-2011-00903-ESQ D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State:New York County/parish/borough: Suffolk City: Southold Center coordinates of site (lat/Iong in degree decimal format): Lat. 40 877 17° Pick List, Long. -73 620 16° Pick List. Universal Transverse Mercator: Name of nearest waterbody: James Creek Identify (estimate) amount of waters in the review area: Non-wetland waters: linear feet: Cowardin Class: Stream Flow: Wetlands: acres. Cowardin Class: width (ft) and/or acres. Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: James Creek Non-Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): [] Office (Desk) Determination, Date: September 8, 2011 [] Field Determination. Date(s): 1 The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2 In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in tess compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permiL including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable: (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States. and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD. that ,,ID will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 CF.R, Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies alt aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA, Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): [] Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Site Plans of Project Location at 3150 Old Jule Lane. John & Amelia Wood Bulkhead reconstruction. [] Data sheets prepared/submitted by or on behalf of the applicant/consultant. [] Office concurs with data sheets/delineation report. [] Office does not concur with data sheets/delineation report. [] Data sheets prepared by the Corpsl [] Corps navigable waters' study: [] US Geological Survey Hydrologic Atlas: [] USGS NHD data. [] USGS 8 and 12 digit HUC maps. [] U.S Geological Survey map(s). Cite scale & quad name: [] USDA Natural Resources Conservation Service Soil Survey. Citation: [] National wetlands inventory map(s). Cite name: [] State/Local wetland inventory map(s): [] FEMA/FIRM maps: [] 100-year Floodplain Elevation is: of 1929) [] Photographs: [] Aerial (Name & Date): or [] Other (Name & Date):Site Photos of Project Location at 3150 Ole Jule Lane. Site Photos of John & Amelia Wood Bulkhead reconstruction. [] Previous determination(s). File no. and date of response letter: [] Other information (please specify): (National Geodectic Vertical Datum IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. anc~ date/of` L~ Legal Instruments Examiner (REQUIRED) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Map of' 3150 Ole ,lule I,n, Mattitxtck. New York MapQuest Page 1 ofl mapquest' Map of: 3150 Ole Jule Ln Mattituck, NY 11952-2118 Notes Wood Property Location DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y 10278-0090 NATIONWIDE PERMIT COMPLIANCE CERTIFICATION AND REPORT FORM Place Stamp Here Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building A'I"PN: CENAN OP RE New York, New York 1()278-0090 122 Ecological Science for a Changing World March 19, 2012 Board of Town Trustees Town of Southold 54375 Main Road P.O. Box 1179 Southold, NY 11971-0959 Re: Application for bulkhead replacement, John & Amelia Wood To the Trustees: Dru Associates herein responds to your telephonic request to revise the site plan to confirm linage to the southern neighbor's bulkhead. Revised plans are included. A question was raised by the contractor as to the wisdom of using viny sheeting, and the Woods would like to do so. Accordingly, submitted herein are: 1. Two copies revised site plan showing straightened bulkhead and note for non-turf buffer, dated 3-31-12 by Dru Associates Inc. 2. Check for payment of $50 fee. Please let me know if we can be of further help, and thanks for your consideration. S},~ly, Dr. Ron Abrams, CEP cc. Mr and MRs Wood encl. Site plans, fee check 40 Hitching Post Lane, Glen Cove, New York, USA 11542 Beach Rd., Empire Flats, Apt S002, Muizenberg, 7945, South Africa Mountain Ponds, 24 Eagle Drive, Wilmington, VT 05363 516 676-7107 +27 2l 788 4246 Ecological Science for a Changing World March 19, 2012 Board of Town Trustees Town of Southold 54375 Main Road P.O. Box 1179 Southold, NY 11971-0959 Re: Application for bulkhead replacement, John & Amelia Wood To the Trustees: Dru Associates herein responds to your undated letter report of the February 22 Trustees meeting outcome. I provide here the revised plan per your request to straighten the bulkhead and annotate a ten foot non-turf buffer inland of the replaced bulkhead. We also conferred with the neighbor to the north and the Woods have a letter (and will deliver it) from Sharon Mello approving the extension of the bulkhead across their property line to tie into their bulkhead. I note here that the Wood's would like your agreement to use vinyl sheet piling instead of the timber for bulkheading, pending the opinion of their contractor. Accordingly, submitted herein are: 1. Two copies revised site plan showing straightened bulkhead and note for non-turf buffer, dated 3-16-12 by Dru Associates Inc. 2. Check for payment of $50 fee. Please let me know if we can be of further help, and thanks for your consideration. Sincerely, Dr. Ron Abrams, CEP cc. Mr and MRs Wood encl. Site plans, fee check 40 Hitching Post Lane, Glen Cove, New York, USA 11542 Beach Rd., Empire Flats, Apt S002, Muizenberg, 7945, South Africa Mountain Ponds, 24 Eagle Drive, Wilmington, VT 05363 516 676-7107 +27 21 788 4246 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: February 22, 2011 Re: Proposed Wetland Permit for JOHN & AMELIA WOOD SCTM#1000-122-4-19 Ronald W. Abrams on behalf of JOHN & AMELIA WOOD requests a Wetland Permit to replace a wooden bulkhead with navy style timber bulkhead installed adjacent and inland of existing bulkhead; remove old bulkhead by cuffing pilings at or near grade, preserving existing Wetland substrate; remove and replace existing brick walkway on sand bed and leveling as needed. Located: 3150 Ole Jule Lane, Mattituck. SCTM#122-4-19 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 EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "B" which states: B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (inplace), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins, jetties, bulkheads, filled piers) located within Groat Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding all creeks); Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Office Use Only ~w~astal Erosion Permit Application --Wetland Permit Application Administrative Permit AmandmentFl'ransfer/Extension ~ffeceived Application:~tL~ ~.~---Received Fee:$ ,~ 'X~'~ ~x:Ympleted Application __Incomplete __SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) ~.~-----~LWRP Consistency Assessment Form ~AC Referral Sent: ~-4 .l~ate of Inspection: ~L!ix~l __Receipt of CAC Report: Lead Agency Determination: __Technical Review: ~hlblic Hearing Held: ~._!,hoh- __Resolution: Name of Applicant John & Amelia Wood Address 3150 Ole Jule Lane, Mattituck, NY 11952-2118 Phone Number:(63~) 298-8509 Suffolk County Tax Map Number: 1000 - 122 / 4 / 19 Property Location: 3150 Ole Jule Lane, Mattituck, NY 11592-2118 (provide LILCO Pole #, distance to cross streets, and location) Ronald W. Abrams AGENT: (If applicable) Address: 40 Hitchin~l Post Ln. Glen Cove, NY 11542 Phone: (516) 676-7107 of Trustees ApplicationO GENERAL DATA Land Area (in square feet): +/- 20,000 Area Zoning: Residential half acre Previous use of property: Residential Intended use of property: Residential Covenants and Restrictions: Yes x No If"Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals __ lf"Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date NYSDEC:l-4738-04026/00001, 5/6/2011 US ACOE NAN-2011-00903-ESQ 9/9/2011 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):_ Replace wooden bulkhead with Navy style timber bulkhead installed adjacent and inland of existing bulkhead, remove uiu ~ul~=~u ~ cuttln~~l~'' ~ - at O~ nea~ 9~de, preserving existing wetland substrate. Where existing brick walkway must be lifted for work area, replace same on sand bed, levelinq as needed. of Trustees Applicati¢ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Erosion control, flood protection and recreational water access from refurbished bulkhead. Area of wetlands on lot: < 1,000 square feet <5 Percent coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: 70 feet Closest distance between nearest proposed structure and upland edge of wetlands: 70 feet Does the project involve excavation or filling? x No x Yes If yes, how much material will be excavated? How much material will be filled? Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: <5% Manner in which material will be removed or deposited: cubic yards cubic yards feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): There will be no impact on lands or waters of the Town because the work will be contained within the existing, functional bulkhead and the replacement bulkhead. No dredging requested. of Trustees ApplicationO COASTAL EROSION APPLICATION DATA Parposesofproposedactivity: Replace in-kind and in-place Navy style bulkhead, for erosion control and riparian access Are wetlands present within 100 feet of the proposed activity? No x Yes Does the project involve excavation or filling? x No Yes If Yes, how much material will be excavated? n/a (cubic yards) How much material will be filled? n/a (cubic yards) Manner in which material will be removed or deposited: 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) The project will reconstruct 127 1.f. of bulkhead landward of existing bulkhead, which will then be cut to grade, protecting both wetlands and water quality during the work. The existing, parallel capping brick walk will be lifted, leveled and replaced as is, with no adverse impact as all work will be retained inland by existing and new bulkhead. Ecological Consultants 40 Hitching Post Lane, Glen Cove, NY 11542 21 Mt. Ponds, Wilmington, VT 05363 (516) 676-7107 (802) 464-3341 John and Amy Wood 3150 Old Jule La Mattimck, NY 11952 August 31, 2010 Re: Environmental consulting, Old Jule La JAN 2 ? 2012 Dear Mr. and Mrs. Wood: Dm Associates would be pleased to provide consulting services to assist in resolving your bulkhead permitting needs with local, State and Federal agencies. We always suggest beginning the process with an application to New York State DEC, then packaging the materials indicated by DEC to be acceptable to the Town and Army Corps of Engineers. As an initial phase of our work, we would review the field conditions, mark the jurisdictional line, obtain relevant photographs and explain to you our approach on the site recon. Thereafter, unless some unusual circumstance arises, we would submit a Tidal Wetland application to DEC, showing standard bulkhead details on a survey provided by others (we do not perform surveys but can arrange for one of our colleagues if necessary). Dm Associates, Inc. provides consulting services on an hourly fee basis, billed monthly at hourly rates of $215.00 for principle ecologist, $125.00 for senior ecologists, $75.00 for technicians and $25-35.00 for support staff, terms 21 days net. Payments withheld beyond one billing cycle require special arrangements or delivery of work products may be delayed. Work Plan 1. Initial site recon, flagging and photos. 2. Submittal of an application package to NYS DEC. 3. Negotiation of the case with NYS DEC, if needed. 4. Submittal of applications to Town of Southold and US Army Corps of Engineers. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. I~ng 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 30-YEAR MAINTENANCE AGREEMENT EROSION PROTECTION STRUCTURES CHAPTER 111-15 OF THE SOUTHOLD TOWN CODE The owners of record of property at: SCTM#1000- 122 4 19 3150 Ole Jule La, Southold in applying for a Coastal Erosion Permit for an erosion protection structure do hereby agree to a 30-Year Maintenance program for a structure as described: shoreline bulkhead and brick-on-sand walkway as shown on the attached licensed survey and/or site plan for the approved structure. It is my/our undemtanding that we are to maintain this structure with materials designed to endure 30 years and/or equivalent to the original approved structure. Any maintenance which involves more than 50% of the length of this structure requires approval of the Board of Trustees. We further understand that failure to maintain the structure could result in a requirement to post a bond and/or have the repairs ordered as a lien against the property upon a finding by the Board of Trustees that said lack of maintenance would risk life, property or important natural resource features. tarized signature[of"Owner of:record N~ary P~61i~c ' /'~-- CHRIC-T~NE ~WF. EKI NOTARY PUBLIC. St.~te of New York No. 52-4791196 Oualific~d in Suffol~ C. ounv! Comrni~sio~ ~pire~ June 30, This maintenance agreement shall only be valid upon the attachment of a licensed land survey/and or site plan .made within one year of the original construction and validated to show the final approval of the administrator. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART ! - PROJECT INFORMATION [To be completed by A{~pIIcant or Project Sponsor) 3 PROJECT LOCATION: Mu~c~ality TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address ar~ road t~tersec~ons, p~ornine~t lar~t,~Y~, etc., or provide rctap) 3150 Ole Jule Lane Mattituck, NY 11592-2118 5. PROPOSED ACTION I$: [] New [] Expansion [] Modiflcation/allera~on 6 DESCRIBE PROJECT BRIEFLY: P, epiace wooden bulkhead with Navy stTl= timber bulkhead installed adjacent and inland of existing bulkhead, rexnovc old bulkhoad by cuffing pilings at or near grade, preserving existing wetland ~bs~u'ate. Where existing brick walkway must be lifted for work area, replace same on sand bcd, leveling as needed, 7. /~MODNT OF LAND AFFEOTED: 8 V~LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] YeS [] NO If No, descflbe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Entirely residential neighborhood. [] AgricuRum [] Park/Fores~Open Space t0. DOES ACTION INVOLVE A PER~IT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)9 Yes L-J NO If Yes, [let agency(s) name and permit/appmvats: NYS DEC Permit 1--4738-04026/00001 and US Army Corps NAN-2011-00903-ESQ ti DOES ~IY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If Yes, I;et agency(s) rk~rne a~d perrtst/al~rovals: NYS DEC Permit !-4738-04026/0~00! and US Army Corps NAN-2011-00903-ESQ AS A RESULT OF PROPOSED ACTION 'V~ILL EXISTING PERMIT/APPROVAL REQUIRE MOOIF,CATiON? DYes [~.o i CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOW1.EDGE App~c, anffsponsoc name: Dm Associates/Ronald Abrams Oete: 11/I l/l I If the action is in the Coastal Area, and you are a state agency complete the Coastal Assessment Form before proceeding with this assessment ] OVER PART II - IMPACT ASSESSMENT (To be completed by Lead A~ency) : A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coerdinate the review process and use the FULL EAF. r-]Yes [~]No 13. V~qLLACTIONREC~-IVECOORDINATEDREVlEWASPROVIDEDFORUNUSTEDACTIONSiN6NYCR~P~T617.~ IfNo, anngstive dedaratle~ may be superseded by eno~her i~voived agency. C. COULO ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Anawer; may be handwritten, if legible) CI. Existing air quality, surface or groundwater quality or quantity, noise levels, exisBng traffic pattern, sotid waste preduc~m or disposal, potential for ercelon, drainage or Ifoeding i~-oblems? E~olala bdefly: i C2. A~,G,~&r., ngdcutierst, erohaeo~;, histo~,, or other na~urst or cuttural rcenames; or commun#y or nstghbeehaed chorac(er? I C3. Vegetation or fauna, fish, g;,~G;ah or wildlife sped, es, slgnilleant habitats of threatened er endangered speclce? ~ln bdelly:. I C4. A ~,,,,,,,mity s ex,stag plans or goals as officially &G,pmd, or a change in use or intensity of use of land er other natural reseurce$? Explain briefly: C5. Growth, subsequen( de~=lU~r~,lL or related activities likely to be induoed by Ihe proposed ac(lan? ~-xplale briefly: , C6. Long term, short term, cumulath,~, or o{her effects not idenflGed in C1 ~::57 ~iaifl briefly: ! C7. Other impacts lincleding chafl~ la use of either quantily or'iype ~f enarg~,.? Explain briefly: I ENVIRONMENTAL AREA ICEA)? [] ¥~= [] ~ [ . ~if rce e~ala b~eflr l F_ I~ THERE, OR IS ~1~ UKELy TO BE~ CONTROVERSy RELATED TO POTENTIAL ADVERSE ENVIRONMENTAl. IMPA~ I[ )~ce ~,f,;a;~i. INSTRUCTIONS: F~ea~hadver~ee~tidenti~edab~ve~de~en.ninev/ne~her~t~stiubstan~arge~mpeftant~r~then'~se~gn~fican~ Each effect should be assessed In mene~ion with ~ (a) ee~ling (i.e. urban or rural); Co) pml~bllity of oeaming; (o) duration; (d} Irmvees~lity;, (e) ~'eographloeoope;and(f) magn#ude. Ifneceseay, add attachments ormference euRaortlng materials. Ensurelhet explanatle~sea~aln EAF am:l/or Ixepam a ix~,ave deda,,a~o~ Check this box ff you have (~etem~ based on the infommtion and anatysts above and any suptxx, tin9 ~tim, ~ ~ ~ a~ defarminaifon.WILL NOT result kl any stg~ adverse envlmnme~al impacts AND ixovk~e, off a~a(~lmonts as necee,,,sa~y, the masons supporting tiff Board of Trustees Name of Lead Agency' Date Print or Ty~ Name of Rcepen$ible Officer in Lead Agency President Tide of Responsible O~cer Signature of Responsible Officer in Lead Agency Signaf~re of Preparer (If diff~er~ ~rom responsible offiser)~ 2, A~cle Number 7 010 PS Form 3811, February 2004 B. P~fnted Name) D. Is delive~ address dh?erent from item 1 ? If YES, enter d~ivery address below: D Return R~pt for Machand~e [] Insured Mall [] C.O.D. 4. Restricted Delive~/? (Ext~ Fee) [] Yo~ 1870 0001 4397 4996 Domestic Retum R~ceipt Dle Jule Lane tuck, NY 11952 STATE OF NEW YORK COUNTY OF 8~.~EK iO~&&~q , being duly sworn, deposes and says that on thc z/ day of F~ ,201~, deponent mailed a tree copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses sc~ 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 F/~3b.~L~l~ ~'l~v~ , that said Notices were mailed to each of said persons by Sworn to before me this Day of F_~r- - ,20. /' ? - No~ Pfiblic · Complete ~ms 1, 2, and 3. Also sompiste Item 4 ff Restflctad Dellva~ Is desired. · Print your name and address on the reverse so that we can tatum the card to you. · Attach this ~md to the back of the maflpisce, or on the fmrtt if space permits. Article Addressed to: ~:ldreesdlffemntf~m~teml? [] yes .. If YES, enter delh,~ty address ~ [] No [] ~ Mail F-,,~.;~.~d [] Return Re~l~t for [] Illsumd Mall ri O.O.D. 4. Restflcted Dailve~? ~ra Fee) I'lyes 2. Article Number F~,~r~o~-vk~" 7010 1870 0001 4397 4804 ,_~ PS Form 3811, Feb mestic Retum Recaipt 11952 STATE OF NEW YORK COUNTY OF S~'~LK , being duly sworn, d~ ~d sa~ ~at on thc ~ dayof ~e~ m fo~ fl ~e ~ ofT~ Appli~tion, dir~t~ to each of thc above ~ at ~e ~d~ s~ op~site ~e ~five n~es; ~at the ~d~s~ set op~site ~e ~ of~d ~ns ~ ~e add~s of~d ~ns as sho~ on the ~t ~t mil of ~e To~ of Sou~old; ~at ~id Nofic~ w~e m~l~ at ~e Unit~ Stat~ Post Officeat F~ ~ ,~tsE~dNoticesw~email~toeachofsaidp~by Sworn to before me this Day of No~ ' ' I MAILING OF NOTICE :TIFIED MAIL RECEIPTS Address: 3145 Ole Jule Lane Mattituck, NY 11952-2118 STATE OF NEW YORK COUNTY OF WOPFOL-K , being duly sworn, depots and says that on the ~ day of ~ ,201~, deponent mailed a ~e copy of the Notice set foah in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite the~ res~ctive nines; that the addresses set opposite the names or.id persons m the address or.id persons as shown on the cu~ent assessment roll of the Town of Southold; ~at ~id Notices were mailed at ~e United States Post Office at F~ ~ (,~ ~ , that said Notices were mailed to each of said per.ns by CERTIFIED MAIL~TU~ ~CEIPT. Sworn to before me this Day or ~.3'-- ,20~_. -/ - Notary Public Town of Southold Erosion, Sedimentation & Storm-water Run-off ASSESSMENT FORM 1000 122 4 19 STORM.WATERrGRADiHG~DRAiHAGEANDEROS~ONCONTROLPLAH SCOPE OF WORK - PROPOSED CONSTRUCTION ITEM ii / WORK ASSESSMENT [ Yes No I- I- I-I bulkhead, remove old bulkhead Sq'Aq~ OF NEW YORK N a~ CO · ass ~ UNq~/OF Dr. R.W. Abrams, CEP agent, Dru Associates Inc. 40 Hitchin Post Ln Glen And thai he/she ~ lhe ................................................................................ g . , COV FORM - 06/'!0 MARIA G. FAMIGUETTI Nb 01FA5027292 QulBfled in N~u Gounty My CommlssIO" F. xqlrs~ M~v 09, 2014 ,lames F. King, President Bob Ghosio. ,Ir. , Vice-Prcsidcm Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rtl. 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 JOHN & AMELIA WOOD 2012 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, .~qk) %~ q,~ICL,',4 ~).et). residing at/dba '~bi ~D O~r'c ~L"~Z ZA~ being duly sworn, depose and say: ' by placing the Board of Trustees official poster w~ere it can easily be seen, and that I have checked to be sure the poster has remained in place tbr eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed, February 22~ 2012 on or about 6:00 PM. Dated: ~-4~ bf"-~ 61.~4~ (signature) Sworn to before me this day of,W~ N°tary J~ublic N~A~Y PUBLIC, Sta~e of New York No. 52-4791196 Quafifmd m Sufie~k Coonet NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: John & Amelia Wood SCTM# 1000-122/4/19 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Replace wooden bulkhead with Navy style timber bulkhead installed adjacent and inland of existing bulkhead, remove old bulkhead by cutting pilings at Or near grade, presem~zing existing wetland substrate. Where existing brick walkway must be lifted for work area, replace same on sand bed, leveling as needed. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Residence at 3150 Ole Jule Lane 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. PROPERTY OWNERS NAME: MAILING ADDRESS: PHONE #: John & Amelia Wood 3150 Ole Jule Lane (631) 298-8509 AGENT: Dr. R.W. Abrams, Dru Associates, Inc. MAILING ADDRESS: 40 Hitching Post Ln., Glen Cove, NY 11542 PHONE#: (516) 676-7107 Enc: Copy of sketch or plan showing proposal for your convenience. NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: John & Amelia Wood SCTM~ 1000-122/4/19 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Replace wooden bulkhead with Navy style timber bulkhead installed adjacent and inland of existing bulkhead, remove old bulkhead by cutting pilings at or near grade, preserving existing wetland substrate. Where existing brick walkway must be lifted for work area, replace same on sand bed, leveling as needed. 2, That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Residence at 3150 Ole Jule Lane 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. PROPERTY OWNERS NAME: John & Amelia Wood MAILING ADDRESS: 3150 Ole Jule Lane PHONE#: (631) 298-8509 AGENT: Dr. R.W. i~brams, Dru Associates, Inc. MAiLiNG ADDRESS:40 ~{itching Post Ln., Glen Cove, NY 11542 PHONE#: (516) 676-7107 Eric: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Chris Conklin Address: 3400 01e Jule Ln. Mattituck, NY 11952 STATE OF NEW YORK COUNTY OF SUFFOLK ., residing at ., being duly sworn, deposes and says that on the day of ,20 , deponent mailed a tree 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 ., that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this Day of ,20.__ Notary Public PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Chad Mello Address: 2980 Ole Jule Lane Mattituck, NY 11952 STATE OF NEW YORK COUNTY OF SUFFOLK ., residing at ., being duly sworn, deposes and says that on the day of ,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 _, that said Notices were mailed to each &said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this Day of ,20.__ Notary Public Board of Trustees Application County of Suffolk State of New York [lEo po,q/,.~ ~ 8~/vl 5 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 THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. 1N COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, TI [EIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFOREME THIS [ C~ DAYOF ~,~0k~'~ ~ ,20 I[ Notary Public .... c- Iqo. 01616699410 eard of Trustees Applicatio~ AUTHORIZATION (where the applicant is not the owner) I, John & Amelia Wood (print owner of property) residingat 3150 Ole Jule Lane (mailing address) Mattituck, NY 11952-2118 Dru Associates, Inc. do hereby authorize Ronald W. Abrams, (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) APPLICANT]AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM T of ' f ' ' ' i ' t thc - th' ' d~i · - · f ' c · ~e~ry to avoid same. YOURNAME: Abrams, Ronald W., Dr~ Asso~ ~: Thc. (Lest mn~, first name, ~iddlc initial, unle~ you arc applying in thc .... of someor, e dsc or other enlity, such as a company. If so, indicate ~he other ge~an's or company's NAME OF APPLICATION: (Ch~ck all that apply.) Tax grievance Building Variance Trustee x Change of Zorn: Coastal Fax)sion X Approval of plat Mooring Ex~nptlon from plat or official map Planning O~har (If"Other", name d~c 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 busim, ss interest. "Business interest" means a business, including a partnership, in whh:h the town offtcer or employee has even a partial ownership of (or employment by) a coq~oration in which the town ol~tr or employee owns more than 5% of Ihs shares. YES NO x If you ansx~re.d"YES", comp~te the balance of this form and date and sign whcr~ indicated. Name of person employed by thc Town of Soathold Title m position of that pe~on D~scriha the relationship betv~n you.ll (the applicant/agenl/mln~sentativc) and the town officer or employee. Eilh~r check thc appmpriat~ linc A) through D) and/or describe in thc spac~ provided. The town officer or mploye~ or his or her spouse, sibling, parent, or child is (chea:k all that apply): .A} the owr~r ofg~ater than 5% of thc shares of thc corporate stock of the applicant (when th~ applicant is a corporation); B) tbe lagal or ben~§dal owner of any interest in a no~t¢ entity (when the applicant is not a coq~ation); C} an officer, director, partner, or ¢mploy~ of thc applicant; or D) thc actual applicant. DESCRIPTION OF RELATIONSHIP Fo'tm TS 1 Submitted this 1%._day of January 20~2 Signature PrintNamc Dr. Ronald W. Abr~m~ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town'}. If any question in Section C on this form is answered "yes" 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 beth supporting and non- suooortinz facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not b~ under.ken. A copy of thc LWRP is available in the following places: online at the Town of Southold ' s website (southoldtown.nortlffork.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 1000 122 4/19 SCTM# PROJECT NAME Wood Bulkhead The Application has been submitted to (check appropriate response): TownBoard [] Planning Board [--] BuildingOept. [~ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [--] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Natureandemcntofaction: Replace wooden bulkhead w~th Navy. sty]~ tqmh~r hn]kh~ ~n~talled adjacent and inland of existing bulkhead, remove old bulkhead by cunning pilings ac or near grade, preserving existing wetland substrate. Where existing brick walkway must be lifted for work area, replace same on sand bed, leveling as needed. Locationofaction: Ole Jule Lane Site acreage: +/- 20,000 SF Residential Present land use: Present zoning classification: Resident ial If an application for the proposed acfon has been filed with the Town of Southold agency, the following information shall be provided: John & Amelia Wood (a) Name of applicant: 3150 Ole Jule Lane ~) M~ling add~: Mattituck, NY 11592-2118 (c) Telephonenumber:AreaCode(6)l 298-8509 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No[--] Ifyes, which state or fedeml agency?. NYSDEC & USACOE C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section HI - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable Continuation of recreational access and erosion control on existing lot with bulkhead Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] Not applicable Replacement of bulkhead in-kind will continue existinq conditions with no alteration ARach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section !II - Policies Pages 8 through 16 for evaluation criteria [] Yes ~] No [] Not Applicable Continues existing shoreline and erosion stabilization At, ach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes F-] No [] Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] [] [] Yes No Not AOable This bulkhead replacement will not alter shoreline conditions or lead to any advar~a 5mpacts to aaoloqy Attach additional sheets if neeessary Policy 7. Protect and improve air qualily in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes ~ No [-~ Not Applicable Attach additional sheets if neeessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. [] VeS~ No [] Not Applicable Continues existing private shoreline access Attach additional sheets if necessary WORKING COAST POLICQ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through S6 for evaluation criteria. [] Yes [] No [] Not Applicable Anach additional sheets ffneccssary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section HI - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No ~'~ Not Applicable Attach additional sheets ifn~cessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section 1II - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes [] No [] Not Applicable Attach additional ~hcets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable PREPA2IEDBY Dr. R.W. Abrams, CEP TITLE A~jent DATE 01/11/2012 Ecological Science for a Changing World January 11, 2012 Board of Town Trustees Town of Southold 54375 Main Road P.O. Box 1179 Southold, NY 11971-0959 20i2 Re: Application for bulkhead replacement, John & Amelia Wood To the Trustees: Dm Associates represents John and Amelia Wood and hereby submits an application for bulkhead replacement, in-kind and in-place, as reflected in the attached documents, which include: I. Trustees application with Coastal erosion and Wetland data forms 2. Letter from John Wood authorizing Dm Associates, Inc. to represent him 3. Environmental Assessment Form 4. Coastal Assessment Form 5. NYSDEC Tidal Wetlands Permit 6. NYS DOS Concurrence letter 7. US ACOE Wetland Permit 8. Site Plan and Cross-section approved by NYSDEC and US ACOE. Please inform us if anything further is needed. Dr. R.W. Abrams, CEP 40 Hitching Post Ln., Glen Cove, NY 11542, USA Beach Rd., Empire Flats, Apt. S002, Muizenberg, 7945, South Africa Mountain Ponds, 24 Edge Drive, Wilimington, VT 05363, USA