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HomeMy WebLinkAbout1000-132.-1-30 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: March 21 2012 Re: Proposed Wetland Permit &_Coastal Erosion Permits for US DEPT. OF HOMELAND SECURITY, PLUM ISLAND ANIMAL DISEASE CENTER SCTM#1000-132-1-30 Docko, Inc. on behalf of US DEPT. OF HOMELAND SECURITY, PLUM ISLAND ANIMAL DISEASE CENTER requests a Wetland Permit and Coastal Erosion Permit to repair and restore the ferry landing bulkhead facilities. Restore the face of the wharf by installing sheet piling and crushed stone backfill waterward of the existing bulkhead for scour protection lines; scour wall to be approx. 20' long each and installed immediately in front of two ramps. Located: 40550 Route 25, Orient. SCTM#132-1-30 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the Board considers the following: § 275-11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area_ Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold Ae INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except for minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of 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 mast be explained in detail, listing both suvoortino and non-suooortino fact~ If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's Office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000- 132-1-30 PROJECT NAME: Bulkhead Repair/Scour Protection, US Dept. of Homeland Security, Plum Island, Orient Point Ferry Terminal. The Application has been submitted to (check appropriate response): Town Board Planning Board __ Building Dept. __ Board of Trustees X Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) b) Financial assistance (e.g. grant loan subsidy) c) Permit, approval, license, certification: Nature and extent of action: Repair 'and 200 LF of the existing steel sheet pile bulkhead at the ferry landing facility at the PIADC ferry terminfil on Orient Point. Location of action: 40550 Route 25, Orient Point, NY 11955 Site acreage: 11 (+/-) Acres, Harbor infrastructure Present Land use: Industrial Present Zoning Classification: Marine 2 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: a) Name of applicant: US Dept. of Homeland Security, Plum Island Animal Disease Center b) Mailing Address: 40550 Route 25, orient Point, New York 11944 c) Telephone number: Area Code (860)572-8939 (Agent) d) Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? * Funding by The Department of Homeland Security Yes ~X No __ If yes, which state or federal Agency? US ACOE, NYS DEC Ce Evaluate the project to the following policies by analyzing how the project will further support of not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section m- Policies; Page 2 for evaluation criteria. ~X Yes __ No Not Applicable The bulkhead repairs and scour wall make appropriate use of an existing waterfront site and complies with environmental design factors published by the NYS DEC Tidal Wetlands Regulations, Southold Local Law No. 6, 2004 and Southold LWRP. The bulkhead facility will basically be restored within the ferry ramp's footprint. There will be no impairment of waterflow or navigation. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Page 3 through 6 for evaluation criteria. __ Yes __ No X, Not Applicable 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria __ Yes __ No X Not Applicable The site is restricted to public access. The terminal site is visible from the water only when directly south of the line of the harbor. The only portion of the proposed work visible to any extent is the harbor from the south and at a distance; the changes in in appearance will not be noticeable. The only land side visual access affected by this project is at the terminal site and the industrial nature of the site and ferry landing facilities will be unchanged by the work. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria. __ Yes __ No X Not Applicable These proposed bulkhead repair scour wall will take place in the harbor and is acknowledged to be in a flood-prone area; there is little wave exposure at this site. The bulkhead has been designed to accommodate complete submersion and resist hydrostatic uplift pressures due to flooding. The proiect site, in fact all of the ferry terminal facilities are within the Coastal Erosion limit line. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria. Yes __ No X Not Applicable This project will not have any effect on suitability of or availability of drinking water. 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. X Yes __ No __ Not Applicable This project is consistent with this policy because proposes minimal work to protect vital transportation infrastructure in the area of no tidal wetlands or submerged aquatic vegetation. As mentioned earlier, the design parameters shown on the drawings provide an optimum balance between acceptable design and access standards without adverse environmental impact. Policy 7. Protect and improve air quality in the Town of Southold. Policies Pages 32 through 34 for evaluation criteria. __ Yes __ No X.. There are no air quality issues related to this project. landing facility. See LWRP Section III - Not Applicable No emissions will be generated by the ferry Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. __ Yes __ No X Not Applicable Any non-soil salvaged waste from the excavation and the pressure-treated wood trimmings from the fender repairs and any steel bulkhead sheeting cut-offs from the demolition will be collected and disposed of in accordance with current regulations by a licensed hauling contractor already providing such services to the PIADC facility so as to minimize any haxmful effects. 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 IH - Policies; Pages 38 through 46 for evaluation criteria. Yes __ No X Not Applicable This project is being built on federal land. The public trust lands and waters constitutes the area between the mean high water line and mean low water line and the resources are from the high tide line, out and there is none on this site. These environmental resources are being protected bv the desien standards dictated by the Federal Government. There is no public use of the waterfront in this area and the repair of the ferry landinga facility mostly landward of the apparent high water line are not likely to influence or change this fact. The Federal facility is exempted from the NYS Coastal Management Program and the PIADC is specifically listed as such in the CAM act Appendix D. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. X~ Yes No __ Not Applicable This project is to repair the ferry landing bulkhead at the PIADC Orient Point ferry terminal, a high priority, water dependent use. This usage is defmed as water-dependent in the LWRP because the operation provides essential transportation access to and from the mainland. Ferry access is the only form of transportation to and from the island. Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No X Not Applicable This facility is not used for commercial fishing or shellfish industries or enterprises. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable This facility is not used for or in support of any agricultural or aquaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section III - Policies; pages 65 through 68 for evaluation criteria. Yes __ No X~ Not Applicable This facility is not used for or in support of any energy or mineral mining or processing operations. PREPARED BY: Keith B. Neilson P.E. TITLE: Agent DATE: February 2012 NOTES: 1. ELEVATION [DATUM IS NOI;~I'H AMERICAN VEIL:~TICAL DATUM 1~ (NAVD '~). LONG ~OUNID 2. TIDE[ DATA 15 TA,~EN FI~.OM 2Oll NOAA ~IDE TABLE~ ~NCE: N~ ~NOON, ~. IN~T~ ~O 20~F ~COU~ W~ ~D B~KFI~ ~H W~ 1~ OF ~TONE ~ ~R ~E ~C~ON OF ~ ~R~ ~ ~OlN~ WA~ OF ~E ~NT (~N~) HIGH WATER MNE. ~E O~IE~ ~INT ~0~ ~1~ I~ 0~ ~Y ~E U.~. OEP~ENT OF HOME~O ~ECU~. ~. ~JE~ ~0~ ~l~ I~ A U.~. ~MENT, ~1~0 U~E, F~I~ ~OlNG E~EN~ ~5~A~ON TO A ~H ~O~TO~. A COM~ON OF ~U~S FOR E~NMENT~ ~IT ~. ~ ~ N~ ~N~U~ON CON~ O~UME~. A T~N/C~ ~UI~I~ PERMIT ~Y BE ~UI~. h$ LOCA'TION I'"'[..~1:::~ P.F_.FF_J~NCE I Ffl Ffl i=q Fq ~1 I 1ooo o lOOO IN N L. ON~ I~Lv'~ND F:'i:~DJ ECT: OVE I~--~L L /:::'L_..-~.N I I I I E~U£KHEA~ ~COU,~ LOCATION: O~ENT I:::~DINT ~UFFOLK, COUNTY, NE"vV YORK DATE: FEBR. U~ 2..2. 2012 ~ APC'MCANT: U.~. DEFT. OF HOMELAND ~ECU~TY, PIADC A~ENT: ~HEET 1 OF .3 Ke~f'n B. Nell~on, PE 8~O .572 8939 FAX 86(2 57~ 756~ D~ 10-10-22~7 Ei"l~ ~ docko~net, net WATEk~VAY: G,A.~.DINEP...~ ~,AY :: PAVEMENT WOOD I I I I ,a, LON~SIDE BERTHING RAMP ~P. OJECT: B~U!.-K. HE.A~ ~COUI~. ~:D'T~CTION LOCATION: O~ENT POINT SUFFOLK COUNTY, N~-~V YOI~J~ WATEIk:~VAY: ~,,N~DtNEI~-~ I~AY DATE: FIEBI~.U,a,~'J' 22, 2012 ~ A4:~I:~C,'NNq': U.~. OEI;:q'. OF HOMELANID ~CUI~TY, PlAIDC ,a~ENT: ~HEET 2 OF 9 K~tth I~. Neilr~on. PIE My~c. CT 06355 ~ .572 &~39 FA~ 860 572 756~ ID'vV~ 10-10.-:2,9.~7 EP'I~L: docko~snet, ne'i- ~ CONCRETE BULKHEAD CAPS _-~'~ EXISTING VEHICLE FERRY RAMI~ .: ~ '~· .... :~ co:RET P'T i I I I STEEL SHEETS 20±FT ,,TYP ABOVE MLW II1 IIL.~'JI I.o' Ill II .....x~.~l - -6 FI MLW p-~/2-FT E) T ~FOP OF BACKFILL D (TYP) T E PC JR z~ ~ WALL DRB I W,mR~. :. )nON IOUID /: MLW EL EXPANDED S~EL 3-1/2-FT mILE ~ FIT BENEATH L BULKHEAD BUMPER BRACE HARBOR BASIN T PILE SCOUR 1-1/4-1N STONE IO±FT INTO LOOSE THROUGH SEDIMENTS COLUMN UP TO ~OTTOM - STONE NOTE: BUMPER PILES AND RAMP HOIST TOWERS ARE NOT SHOWN IN ORDER TO MAINTASN SCOUR WALL DETAIL CLARITY. [DE-fAIL I I I I I::,P42j~CT: t~UI._KHE, A~ ¢COU~ I:;~OTEO-'TION LJ~)CATION: OI~IENT 6UFFOLK COUNT'f, NE"W yOf2J( 'vVA11~I:~%VAY: GX.,,I;~[:)INE~ BAY ~C~: U.¢. BE~. OF HOME~D ~ECU~, ~ Nylic, ~ 06555 ~ ~ 8~3~ F~ ~ 572 75~9 ~ 10-1~2~7 BULKHEAD REPAIRS AND RESTORATION U.S. DEPARTMENT OF HOMELAND SECURITY PLUM ISLAND ANIMAL DISEASE CENTER PLUM ISLAND NARRATIVE STATEMENT AND SUPPLEMENTAL INFORMATION August 24, 2011, Revised October 14, 2011, February 29, 2012 GENERAL DESCRIPTION The Plum Island Animal Disease Center (PIADC) ferry terminal facilities are located on the east side of Orient Point, Assessor Map 1000-9-9. The waterfront is approximately 2,000 feet of wharf and terminal ferry landing facilities, built originally by the US Army in the early 1900's and later transferred to the Department of Agriculture. The PIADC is now owned and operated by the United States Government's Depa~ment of Homeland Security. The Orient Point Harbor facilities are east shore end of the Point. The terrain is generally flat in the area of the harbor infrastructure with gently sloped surrounding terrain. The site is approximately 40% paved over sandy gravel earthen material operational surfaces built up landward of the bulkhead wharf facilities to support ferry operations. This is a semi-industrial transportation hub with storage staging and shipping facilities. The top elevation of the ground surface behind the bulkhead in the project area is approximately 10 feet and is at or above the Coastal Erosion line as typically applied to coastal sites. The Coastal Erosion limit line cuts across the entrance channel and all aspects of this project are landward of it. The developed nature of this shoreline is industrial in nature, paved, wide open and substantially protected. There is no tidal wetland vegetation on the work site and no submerged aquatic vegetation in the adjacent nearshore or harbor waters. PIADC is a secured Federal facility, on land owned entirely and solely by the Federal Government. There are no public trust issues associated with this site. Public access is prohibited and actively enforced by armed guards. This project is the repair and restoration of one section of the steel pile sheet bulkhead at and adjacent to the east amp landing facilities. The scope of work for this project will be undertaken in one phase. The scope of the work is to install free-standing sections of steel sheeting in front of the bulkhead at each of two landing ramp facilities at Orient Point. The ferry propeller thrust scour damage to the existing bulkhead is extensive. Small stones and grit from the bottom sediments have been propelled into the existing steel sheet pile wall, deteriorating the structural capabilities of this system by eating away the steel sheeting in these high thrust areas. The new independent sheets will be cantilevered sections supported by the embedded end of the sheet and backfilled with crushed stone so as to provide lateral stability to protect the existing sheets from further surface erosion and oxidation. The damaged section, in effect, will be buried. All work is waterward of the high tide line and the mean high water line. These scour walls will be driven as close as possible to the existing steel sheeting in order to avoid the necessity of altering the existing hinged ramps. The geometry of the existing slips will allow these sheets to be driven and still provide an adequate safety factory for the maneuvering and security of the ferries during the boarding and disembarking process. This supplemental narrative has been prepared in accordance with the requirements of State and Federal permit agencies and the Town of Southold's Ordinance No. 6, 2004, and the Local Waterfront Revitalization Program related to docks and shorefront improvements. This project site is landward of the Coastal Erosion limit line. This project is exempted from provisions of the NYS Coastal Management Act and is so listed in Appendix D. Pertinent factors for consideration under Section 661 of the NYS Department of Environmental Conservation regulations for Tidal Wetlands and adjacent areas are addressed herein. The emphasis is that neither tidal wetlands nor SAV exist in or immediately adjacent to the work site and no impact to those resources, even if they were nearby, will result from the project. The proposed work falls within the scope of the US Army Corps of Engineers Nationwide Permit No. 3. Similar scour wall facilities have just been installed at the ferry landings at the Plum Island Harbor facilities. PROJECT PURPOSE This existing bulkhead system was built approximately 25 years ago. The system has corroded and deteriorated under climatic conditions and routine wear and tear and must be repaired and protected in order to provide the PIADC facility with viable, structurally sound load'mg slips for essential transportation of materials, equipment and personnel on a daily, all-weather basis. ADJACENT PROPERTY OWNERS The Federal Government owns Plum Island in its entirety. The nearest adjacent property is the tip of Orient Point almost a mile to the west which is also owned by the Federal Government and utilized for the point of access for primary electrical and water service to Plum Island. Immediately east of this facility is the Cross Sound Ferry and west is the Orient Point By the Sea Marina. Adjacent land owners for permitting purposes are as follows: PHOTOGRAPHS Photographs of the project site, as released by the Department of Homeland Security, are attached herewith. PROJECT ALTERNATIVES There are only three real options to pursue at this time to maintain the operational efficiency and capacity of the transportation system. · Do nothing · Repair and restore the existing facilities, as is, or · Replace and modify the facilities in some way The "do nothing" option is not considered viable or appropriate because the existing bulkhead is in such condition that failure to repair and protect the structure will necessitate the discontinuance of the ramp's use in the near future. Collapse or failure of the bulkhead would close the ferry slips. Another option is to repair the bulkhead as it exists today. This is probably the most cost- efficient and best option for the Orient Point facilities. The sheets were deformed during the breach. The cap which was also deformed as the bulkhead moved created a situation where the ultimate structural integrity of the bulkhead is in serious question. It is felt that the damaged section 2 of the bulkhead should be cut off after a new bulkhead is driven behind it. Thus, no work is done waterward of the high tide line. A new bulkhead "anchor" will be driven approximately 40 feet back from the face of the harbor and the two bulkheads will be inter-connected which a tie-back anchor rod system. The anchor wall will extend toward the southerly end and the tie-back system for the southerly section of this bulkhead will be replaced reutilizing the existing sheet piling and wale. The westerly and channel liner section of the bulkhead are marginal. The age of the remaining facilities around the site varies, but the bulkhead section in the worst condition and requiring the new scour protection system is one of the newer sections utilizing PZ22 sheet. It was felt that the system could and should be protected and continued to be utilized to get the full structural service life out of the steel components. This will be the most cost-effective for the PIADC operation. The third option is complete replacement of the facilities. This would be the most costly and would require the ferry operations to be out of service for the longest period of time and for both reasons, does not represent the most prudent or cost-beneficial options. SEQUENCE OF WORK As mentioned in the introductory paragraph, this project is to repair and maintain the existing bulkheads at and adjacent to the east ferry ramp landings at Plum Island in accordance with guidelines set forth by the State of New York DEC and the Town of Southold ordinance No. 6, 2004. It is envisioned that the ferry landing ramp scour walls will be installed utilizing the following general sequence and methodology. The marine contractor will arrive by barge with deck-mounted crane, push or tug boat and at least one work boat. Ground equipment will be on the barge or be trucked onto the site and stock piled adjustment to the ramps. The existing ramps, supports and fenders / dolphins, if necessary, will be removed to make way for the installation of the scour wall. The new scour protection sheeting will be installed while the ramp is out of position. These sheet pile scour walls will be driven at the general locations shown in the application drawings. Crushed stone backfill will be placed between the scour wall and existing bulkhead sheet. The hinged ramp will be reinstalled to match pre-existing conditions. REQUIREMENTS OF SECTION 97-25 OF THE WETLANDS LAW The permittee acknowledges that the validity of this permit is subject to the approval of other governmental or municipal authorities. The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. The permittee gives consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to det6rmine whether said operations are being conducted in conformity with the permit; such inspections are governed by the operating rules and regulations of the U.S. Department of Homeland Security, PIADC. The permittee will notify the Trustees in writing one week prior to initiation of any and all operations. The permittee will notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance for a certificate of compliance. In response to Local Law Number 6, the following additional information is offered. Permits for the work are being applied for through the Town and NYS DEC. This project is exempted from a coastal zone consistency determination by the NYS DOS and this has been confirmed with the DOS. This project is covered by the US ACOE Nationwide Permit No. 3. It is envisioned that all construction materials will be steel and stone. Any facilities constructed of wood, will be of sturdy, durable and stable materials; in all likelihood, CCA pressure-treated Southern Yellow Pine or Greenheart piles, with one or multiple 1" minimum galvanized bolts per connection and wrapped with galvanized cables, if required for clustered piles. In the event that the wood fender piles or 3 pile dolphins must be replaced, it is respectfully requested that the use of CCA pressure-treated piles (as an option to Greenheatt piles) and timbers be approved for this project if Greenheart is unavailable or they are determined to be the most advantageous option to PIADC. The 15-foot property line clearances specified in this paragraph should not be an issue; the entire harbor property is owned by the Federal Government. Upon receipt of the permit (if required) for this project, appropriate permit numbers and / or certificates will be affixed to the most seaward face of the center bumper for identification from the water. 6. There will be no modifications to the ramps, decking and railing. There is no need to provide adequate room for a five-foot passage way on the upland. Terminal facilities are Federally owned and operated, subject to the security provisions of Homeland Security installations. Public access is prohibited and the water is 15 feet deep along the face of the bulkhead at the locations of the two proposed scour walls. US Army Corps of Engineers - This project is covered under Nationwide Permit #3 of the US Army Corps of Engineers for repair and protection of the bulkhead. 4 NYS DEC Tidal Wetlands Regulations - Sections 661.5 and 661.9 This project represents the repair of existing, long-standing ferry landing supporting the PIADC operations with no adverse environmental impacts and no further encroachment into tidal waters. This facility was most recently re-built in the mid-1990's and has been routinely maintained since that time. There are no tidal wetlands vegetation within 300 feet of the site and no SAV in the waters adjacent to the ferry landing bulkhead wall. A ferry landing on the waterfront is considered to be generally compatible use in this area (AA) with a permit being required under Section 661.5 (b) (1), 15 and 24. This project however, is repair and restoration of existing facilities with no new encroachment. The scour walls are to be installed beneath the landing end of the ramp, within the footprint. Under Section 661.9, the standards for issuance of permits of NYS DEC regulations, the following are considered to be pertinent considerations. The policies are created to preserve and protect tidal wetlands and prevent their despoliation and destruction and that regulated activities will not have an undo adverse impact on the present or potential value of the affected tidal wetlands. This bulkhead repair and restoration project for the ferry terminal is compatible with public health and welfare policies of the State specifically referenced under Section 661.6. The project complies with development restrictions contained in Section 661.6 as this is repair and restoration of an existing, long-standing facility that has previously undergone review by the Department in rendering previous permits. Furthermore, the project supports the continued operation of a lung-standing, high-priority, secured Federal installation for essential transportation and the waterfront fercy facility structure is compatible with the use of the site, zoning and the long-standing use of the site. This project will not have an undo or adverse impact on the present or potential value of nearby tidal wetlands vegetation. There are no tidal wetlands in the terminal harbor; all of the terminal shoreline is developed shorefront. Construction materials will be in accordance with the NYS DEC standards and Town of Southold regulations and laws as previously addressed. Town of Southold - LWRP~ NYS DOS Coastal Consistency These application documents include a copy of the Town of Southold Local Waterfront Revitalization Program (LWRP) work sheet addressing what would customarily be pertinent sections of the plan. The NYS DOS has suggested that since the Coastal Management Act does not apply to this project, neither does the LWRP. Nonetheless, the following policies from the Local Waterfront Revitalization Program would normally be appropriate and have been identified as pertinent to this application and the reason for consistency associated with this project is outlined in each respective case. Policy 2 -Water Dependent Uses - This project is to retain a fully functional water dependent use of a ferry terminal facility for an essential transportation to and from this site. Policy 5 - Use of Existing Developed Shorefront - This project will be primarily to repair and restore existing shore / ferry interface structures, clear of sensitive habitat or tidal wetlands and make them safe and reliably usable in all weather conditions. 5 Policy 7 - Significant Fish & Wildlife Habitat - Protection of significant fish and wildlife habitat has been considered in the development of this project layout and the waters around Orient Point are classified as essential fish habitat, however, the actual terminals are an industrial facility in a man-made harbor, not representative of desirable natural habitat. Policy 8 - Protection & Preservation of Habitat - Protection and preservation of habitat has also been considered in this project and the terminal facility is being kept to its minimal configuration consistent with standards of the industry and restrictions set forth in the Wetlands Law, No. 6, 2004 set forth by the Town of Southold. The ferries will operate at the same location and within the same footprint as the current operation. There are no significant changes to the dimension or configuration of the bulkhead and ramp facilities. Policy 11 - Minimize Damage to Natural Resources - The bulkhead repair and restoration project has been laid out in the same footprint so as to be consistent with and so as to minimize impact to natural resources as identified in Policy 7 above. There is no sensitive fringe wetlands growth and them is no submerged aquatic vegetation in the sub-tidal zone where the work is to take place. Policy 14 - No Measurable Increase in Flooding - This project consists of repairs of ferry terminal facilities that will in no way adversely affect water flow and circulation in the harbors flooding potential of the area. Flood levels all around Orient Point are dictated by water levels in Gardiners Bay and Block Island Sound and these structures will have no adverse influence on those flood levels. Policy 15 - No Dredging - Dredging is not required in this project. The waters in this small man- made harbor is appreciably deeper off shore and the ferry arrival and departure maneuvering tends to keep the freer-grained sediments from accreting at the ramp landing sites of the proposed work. Policy 19 - Impact on Public Access - There is no Public Trust Land at this terminal nor is there public access to or usage of lands at this site; there is no intertidal zone along the face of the bulkhead. Thus, public access to the State's waters is not possible because of the design of the ferry terminal facilities and site security requirements. The PIADC is a is a secured Federal research facility where recreation or unsecured public access is not allowed; access is, in fact, prohibited in the interest of national security and the health and welfare of the public. Policy 20 - Public Trust Comvatibilitv with Existing, Adioinim, Properties and Land Uses- Public Trust compatibility to existing adjoining properties and land uses has also been considered but is not relevant in this project. Policy 21 - Water Dependent Recreation - This project is consistent with water-dependent uses opportunities policies set forth in this section. The facilities will continue to be used for essential transpo~ation at the ferry terminal. Policy 24 -Scenic Resources, Impairment or Loss - This policy is intended to prevent impairment or loss of scenic resources. The construction of the scour wall facilities will not represent any new encroachment or structure which would create a loss of scenic resources. These terminals are industrial, working waterfront sites. The scour wall will be a couple of feet lower than mean low water and lower than the existing facility and will not even be noticeable from land or water even from immediately adjacent to the site. 6 Policy 25 - ~.nhance Overall Scenic Quality - The new ramp facilities will be consistent with the scefiic quality of the area and prevent loss of scenic resources as described in Policy 24 above. The scour wall facilities will hardly be noticeable in context with the other existing facilities which dominate the shore of the harbors. Again, these are industrial nature working waterfront sites and the repair work is confined to the developed shorefront. Policy 44 - Preserve and Protect Tidal Wetlands - There is no tidal wetlands at this project site. While the terminal facilities abut dune and tidal wetlands vegetation areas, this project will have no adverse impact on wetlands vegetation which exists elsewhere in and beyond the harbor facilities. S~Y This scour wall project is to repair, protect and restore the bulkheads at and adjacent to the ferry ramps and associated facilities for the US Department of Homeland Security. A copy of all US Army Corps of Engineers, NYS DEC and Town of Southold applications are attached as substantiation for this project. The Corps has indicated that ramp repair and restoration work may proceed under Nationwide Permit No. 3. This project complies with applicable standards of the New York State Coastal Management Act (although not required to do so), Town of Southold Local Ordinance No. 6, 2004 and Local Waterfront Revitalization Program and is a presumptive compatible use under NYS DEC Regulations Part 661; its approval is respectfully requested. Respectfully submitted, DOCKO, INC. Keith B. Neilson, P.E. 7