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Home My WebLink AboutOrient Wharf CoMAmCJA Z. HEFTER STEPHEN R. ANGEL ESSEKS, HEfTER <~ ANGEL, LLP COUNSELORS AT LAW F~IVERHEAD, N.Y. 11901 0279 (63113691700 October 26, 2009 P. O. Box 570 WATE~ MILL, N.Y. 11976 (631) 726 6633 Board of Trustees of the Town of Southold 54375 Main Road P.O. Box 1179 Southold, NY 11971 Re: Application q/Orient Wharf Company Dear President King and Members of the Board of Trustees: On December 10, 2008, the Board opened a hearing on the application of the Orient Wharf Company to conduct certain activities at the Orient Wharf property. William Esseks, Esq. of my office attended the hearing on behalf of some of the adjacent landowners. Based on intbrmation revealed by Mr. Esseks regarding a legal challenge that we filed on our clients' behalf with respect to the Orient Wharf Company's NYSDEC permit issued on October 7. 2008, the Board adjourned the hearing indefinitely. This letter is to advise the Board that, as a result of the albresaid litigation, the Orient Wharf Company and NYSDEC entered into a stipulation with our clients in which ti~e previously-issued NYSDEC permit dated October 7, 2008 was nullified. In the stipulation, the Orient Wharf Company, among other things, acknowledged that it "has no present plans to undertake the activities permitted by the October 7, 2008" permit, and it specifically agreed that "the October 7, 2008 [NYSDEC permit] is and shall be deemed null, void, and without any force and effect...." A copy of that stipulation is being provided for your Board's records. We trust that the nullification of the N YSDEC permit, and the Orient Wharf Company's express declaration that it has no present plans to undertake the activitics permitted by that now-nullified permit means that the application belbre this Board (which sought approval lbr the same activities as approved by the nullified NYSDEC permit) is, for all practical and legal purposes, no longer active. So that there are no loose ends, this Board should expressly note that the Orient Wharf Company's application is withdrawn. Esseks, HeFter & Angel, LLP COUNSELORS AT LAW Finally, since we appeared on behalf of the adjacent landowners at the original hearing, we expect to be notified in advance of any renewal, modification, or reinstatement of the Orient Wharf Company's application, or of any attempt to re-open the indefinitely-adjourned hearing. Thank you for your attention to this matter. Enclosm-e Very tru~ ~y~I~urs, An.ho~' C. Pasca SUPRI.~ME COt JRT OF I'ItE STAI'I OF N1W YORK COUNI Y OF St~ FFOI K In the Matter ol'the Application of DAV1DAIR, CI.AR} AIR, t'IMOTItY FROSI.ERICA KIIINE. J()JINItENRY. and SARAIIIII~NRY. I'ctitioncrs. For a Judgment pursuant to A~icle 78 of the Civil Practice I.aw and Ru}es -against* NEW YORK S I'ATI~ DEPARI'MEN/ Of 15NVIRONMI N IAI. CONSERV&'t ION, WHARF COMPANY nnd I,IN'I ON DI 7t:'LI,, individually and as Prcsidem of the Orient Wharf Company and d'b~a Rcspondcnls Index No, 08~4;, 1~9 JONES. J,J.J,, Jr., .IS(.' STII)UI.A'I ION St~I'TI.I!MI N 1 AND ) S(ON IINI,,\N( l: \¥ III'.'REAS Respondent thc Ne~a York State Department ot Environmental Conserxalion ["DEC') p~,rsuanl to En,.ironmentefl (7onsc~wation Law ("ICl/') ,Xrlicles 15 and 25 issued Io C<~ Respondents Orient WharfCompan~ and l.inlon Duel[ (collectixel~. "()riehl Wharff) a pe~it no~ 1-4v38-00616/00004 dated March 2T 2002, wNch gencrall5 allowed IBr routine maintenance, replaccmem and repair o1' Orient X~ hart's lhcilitics in kind and in place, and WI IEREAS Respondent DEC issued to Respondent Orient Wharf on Oclober 7, 2008 a modification oi*permit no. 1-4738-006t6/00004. which modificalion allowed the construction of cul~e~gs to be placed beneath said ~harl} and related aclixity, and Wt II{REAS Respondent Orient Wharf has no present plans to undertake the acfix~fics permitted by the October 7. 2008 modification of'permit no, 1-4738-00616/00004, and WItEREAS the Petitioners herein initiated the instant proceeding pursuant to Article 78 of thc New York Civil [>racticc [.axx and Rule and FCL Articles 15 and 8 seeking a judgment that issuaacc of thc October 7. 2008 modification of pcrmit no. 1-4738-00616/00004 was arbitrah¥~ capricious and contrary to !aw and in violation of Pctilioncrs' rights, bu[ not challenging thc validity of permit no 1-4738~00616/00004 as ~)rigina[I} isst~cd, and W}IER}:'AS all lhe parties ~o ~l~is proceeding dcsirc to end this proceeding wi~hom further litigation, and WIIERI:~,XS no part> is an inl~all~ incompctenl person for whom a committee or conservatee has been appointed and no person not a parly has an inlerest in the su~hicct matter of this claim, ~()W. thcrckm it is S~I IPIJkAD~D AND AGR[ [ I) that thc October 4738-00616/00004 is and shall be dec,ned null. ;old. and without m~y lbrcc anti cflkcl, and it is fuahcr SIIPULATED AND AGRt kD that pemfit no. 1-4738-00616/00004 shall remain ihlly in lbrcc and efYkct, nnlcss and until duly modified pursuant to ;~ subsequent permit modification. ;~hich permit application shall bc processed acc(>~ding lo thc applicable D[';C subs/anti;e and procedural statules and regulaticms, and ~I Sq IPUI~A I'ED AND AGRt k~l) that thc within proceeding S'I IPUI,ATI~iD AND ,\GR[ liD Ihat all parties wmve any claims, counterclaims? cross- claims, defenses, and/or appeals, as each may have had or may have as against the other with respect to the instant action, including any claims lbr attorneys fees or costs pursuanl to NYSEDPI~ 701 or CPLR Article 86, NYSEAJA. or otherwise, and it is further S I'IPUi. ATED AND AGREED that this stipulation may be submitted without further notice by any parly herelo 1o the Court to be "so ordered,*' and it is further S I'iPUI.STFTD AND AGREH) tha! after this stipulation is %o ordered" it rnay be submitted by any party hereto to the Clerk of thc Court [k>r emU, MCGI.*d~I:iVY & l l]'Nl,ti. I,LP ('oun.¥et fi;r Re~v)onden/s Orien! [ITtur[ ,tntt /.in/on Duet~ Peter R. McGreevy, Esq..-~ Jub¢/. 2009 Ni!W YORK STAFE ATTORNEY (}I:iNERAI, (7ounself~"Re.~pondent DEC / 7 Oregor~ J. Noial(Esq, Assistanl Altomey Genoral ~I~' ,2009 SO ORDERI D: Datc DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE[ ONE OOMMEROE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORTI~S-V~,ZQUEZ SECRETARY OF STATE April 20, 2009 Mr. Glenn Just JMO Environmental Consulting P.O. Box 447 Quogue, NY 11959 Re: F-2008-0833 U.S. Army Corps of Engineers/New York District Permit Application: Orient Wharf Co.- the proposed installation of culverts and wharf reconstruction to re-establish tidal flow through the existing filled pier. Orient Harbor, Orient, Town of Southold, Suffolk County. Withdrawal of Consistency Certification Dear Mr. Just: The Department of State received your letter via fax, today, April 20, 2009, requesting that your consistency certification for the above mentioned activity be withdrawn. The Department has, therefore, terminated its review of your consistency certification for this proposal. This action on the part of the Department of State is not and should not be construed as or presumed to be a consistency decision by this Department pursuant to 15 CFR Parts 930.62 or 930.63. When you are ready to re-submit a new consistency certification for this proposal, a copy of the federal application for authorization and a new Federal Consistency Assessment Form and certification should be provided to the U.S. Army Corps of Engineers and the Department of State at the same time. Our review of the proposed activity and the consistency certification submitted for it will commence once it is determined that all necessary data and information have been provided. Please call me at (518) 474-1737 (e-mail: Jennifer. Street~dos.state.ny.us) if you have any questions regarding this matter. When communicating with us regarding this proposal, please refer to Department of State file number F-2008-0833. /jls CC2 S~ncerely, ~ Coastal Resources Specialist Consistency Review Unit Office of Coastal, Local Government and Community Sustainability COE/New York District - Leo B. Strogach (NAN-2008-01417-EST) NYSDEC Region 1 - Kendall P. Klett (1-4738-00616/00004) WWW.DOS.STATE NYUS ' E-MAIL:INFO~DOS.STATE.NY.US DAVID A. PATERSON GQVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORT~S-V,~,ZQUEZ SECRETARY OF STATE March 6, 2009 Mr. Glenn Just JMO Environmental Consulting P.O. Box 447 Quogue, NY 11959 Re: F-2008-0833 U.S. Army Corps of Engineers/New York District Permit Application: Orient Wharf Company - the proposed installation of culverts and wharf reconstruction to re-establish tidal flow through the existing filled pier. Orient Harbor, Orient, Town of Southold, Suffolk County. Status of Consistency Review - Second Request for Additional Information Dear Mr. Just: The Department of State is required to notify you of the status of our review of this project for its consistency with the New York State Coastal Management Program (NYS CMP) ifa decision has not been issued within three months following commencement of our consistency review. The Department of State began its review of the above-referenced activity on November 7, 2008. However, we cannot complete our review of the proposed activity until you provide the additional information and data requested in our February 2, 2009 letter (encl.). The Department of State strongly recommends that you withdraw your consistency certification for the above mentioned proposal until adequate engineering and biological data can be furnished, and all necessary permissions have been secured. Please provide the information requested above within thirty days from the date of this letter (or April 5, 2009). Pursuant to 15 CFR Part 930.64(d), if the data and information is not provided, the Department of State may object to your consistency certification immediately thereafter. Any additional information which you believe will facilitate our review of this proposal would be appreciated. Please call me at (518) 474-1737 (e-mail: Jennifer. Street(~,dos.state.ny.us) if you have WWW.DOS.STATE.NY.US · E-MAIL;INFO~DOS.STATE.NY.US F-2008-0833; Orient 2 any questions regarding this matter. When communicating with us regarding this proposal, please refer to Department of State file number F-2008-0833. Sincerely, Jennifer L. Street Coastal Resources Specialist Consistency Review Unit Office of Coastal, Local Government and Community Sustainability encl. /jls cc: COE/New York District - Leo B. Strogach (NAN-2008-01417-EST) NYSDEC Region 1 o Kendall P. Klett (1-4738-00616/00004 Southold Town Trustees DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORTI~S-V,~ZQUEZ SECRETARy OF STATE February 2, 2009 Mr. Glenn Just JMO Environmental Consulting P.O. Box ~447 Quogue, NY 11959 Re; F-2008-0833 U.S. Army Corps of Engineers/New York District Permit Application: Orient Wharf Company - the proposed installation of culverts and wharf reconstruction to re-establish tidal flow through the existing filled pier. Orient Harbor, Orient, Town of Southold, Suffolk County. Status of Consistency Review - Request for Additional Information Dear Mr. Just: The Department of State is required to notify you of the status of our review of this project for its consistency with the New York State Coastal Management Program (NYS CMP) ifa decision has not been issued within three months following commencement of our consistency review. The Department of State began its review of the above-referenced activity on November 7, 2008. However, we cannot complete our review of the proposed activity until you provide the following additional information and data which is required pursuant to 15 CFR Part 930.58 to enable the Department of State to adequately assess the consistency of the proposed activity with the New York Coastal Management Program (NYS CMP) as expressed in the Town of Southold's Local Waterfront Revitalization Program (LWRP): Orient Wharf, originally built in 1740, was listed on the National Register of Historic Places in 1976 by the U.S. Department of the Interior under provisions of the National Historic Preservation Act of 1966. Policy 2.1 of the Town of Southold's LWRP states, "Maximize preservation and retention of historic resources" and policy 2.1 .A states, "preserve the historic character of the resource by prote~ting historic materials and features or by making repairs using appropriate methods." While the restoration of tidal flow to an area when possible, is an objective of the Department of State, the process is approached using sound engineering. You have not provided any coastal engineering data that would support that the installation of culverts under the Wharf would be successful, or that illustrates the potential effects of those culverts on littoral processes and their effects upon the Wharf itself, or adjacent properties. Please provide sound engineering data pertaining to those effects. This information is necessary to assess the consistency of the proposed structures with Southold's LWRP Policy 2. WWW.OOS.STATE,NY.US * E-MAIL;INFO~DOS.STATE.NY.US F-2008-0833; Orient Wharf; p.2 Orient Harbor is designated as a Significant Fish and Wildlife Habitat and has been known to be a significant feeding and nursery area for Atlantic Ridley (Endangered), Green (Threatened) and Loggerhead (Threatened) Sea Turtles. A pattern of entrainment of sea turtles in pound nets in the Peconics has been demonstrated throughout the years, and other artificial structures have been implicated as well. Please provide documentation that culverts are not likely to have the same impacts and cause entrainment of these threatened and endangered species. This information is necessary to assess the consistency of the proposed structures with the Town of Southold's LWRP policy 6.2. In general, the underwater lands in the State of New York are publicly held. The existing wharf maintenance, proposed dredging, culvert placement and rock armoring would be constructed partly below the Mean High Water (MHW) line. A copy ora deed with a metes and bounds description and a supporting survey map for the property where the activity is proposed are needed to determine the ownership of the lands and waters where the structure is proposed. If in fact your client does nOt own the property where the structures are proposed, please submit permission from the current owners for the use and occupation of said lands. Please also provide a copy of your correspondence with or permit from New York State Office of General Services pertaining to permission to expand the existing structures on NYS lands. This information is necessary to assess the consistency of the proposed structures with Southold's LWRP Policy 9. Additionally, in accordance with 15 CFR Part 930, a public notice regarding the above mentioned proposal was published in the December 17, 2008 issue of the New York State Register for public comment. During the public comment period, comments were received which have brought to our attention that the Southold Town Trustees have suspended the review of the proposal pending litigation between local residents and the NYSDEC regarding the above mentioned activities. The Department of State strongly recommends that you withdraw your consistency certification for the above mentioned proposal until adequate engineering and biological data can be furnished, and all necessary permissions have been secured. Please provide the information requested above within thirty days from the date of this letter (or March 4, 2009). Pursuant to 15 CFR Part 930.64(d), if the data and information is not provided, the Department of State may object to your consistency certification immediately thereafter. Any additional information which you believe will facilitate our review of this proposal would be appreciated. Please call me at (518) 474-1737 (e-mail: Jennifer. StreetC~,dos.state.ny.us) if you .have any questions regarding this matter. When communicating with us regarding this proposal, please refer to Department of State file number F-2008-0833. /jls CC: Sincerely,, Jennifer Street Coastal Resources Specialist Consistency Review Unit Office of Coastal, Local Government and Community Sustainability COE/New York District - Leo B. Strogach (NAN-2008-01417-EST) NYSDEC Region I - Kendall P. Klett (1-4738-00616/00004) DAV~O A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORTI~S-VAZQUEZ SECRETARY OF STATE February 2, 2009 Mr. Glenn Just JMO Environmental Consulting P.O. Box 447 Quogue, NY 11959 F-2008-0833 U.S. Army Corps of Engineers/New York District Permit Application: Orient Wharf Company - the proposed installation of culverts and wharf reconstruction to re-establish tidal flow through the existing filled pier. Orient Harbor, Orient, Town of Southold, Suffolk County. Status of Consistency Review - Request for Additional Information Dear Mr. Just: The Department of State is required to notify you of the status of our review of this project for its consistency with the New York State Coastal Management Program (NYS CMP) ifa decision has not been issued within three months following commencement of our consistency review. The Department of State began its review of the above-referenced activity on November 7, 2008. However, we cannot complete our review of the proposed activity until you provide the following additional information and data which is required pursuant to 15 CFR Part 930.58 to enable the Department of State to adequately assess the consistency of the proposed activity with the New York Coastal Management Program (NYS CMP) as expressed in the Town of Southold's Local Waterfront Revitalization Program (LWRP): Orient Wharf, originally built in 1740, was listed on the National Register of Historic Places in 1976 by the U.S. Department of the Interior under provisions of the National Historic Preservation Act of 1966. Policy 2.1 of the Town of Southold's LWRP states, "Maximize preservation and retention of historic resources" and policy 2.1 .A states, "preserve the historic character of the resource by protecting historic materials and features or by making repairs using appropriate methods." While the restoration of tidal flow to an area when possible, is an objective of the Department of State, the process is approached using sound engineering. You have not provided any coastal engineering data that would support that the installation of culverts under the Wharf would be successful, or that illustrates the potential effects of those culverts on littoral processes and their effects upon the Wharf itself, or adjacent properties. Please provide sound engineering data pertaining to those effects. This information is necessary to assess the consistency of the proposed structures with Southold's LWRP Policy 2. WWW.DOS STATE.NY.US · E-MAIL:INFO~DOS.STATE.NY.US F-2008-0833; Orient Wharf; p.2 Orient Harbor is designated as a Significant Fish and Wildlife Habitat and has been known to be a significant feeding and nursery area for Atlantic Ridley (Endangered), Green (Threatened) and Loggerhead (Threatened) Sea Turtles. A pattern of entrainment of sea turtles in pound nets in the Peconics has been demonstrated throughout the years, and other artificial structures have been implicated as well. Please provide documentation that culverts are not likely to have the same impacts and cause entrainment of these threatened and endangered species. This information is necessary to assess the consistency of the proposed structures with the Town of Southold's LWRP policy 6.2. In general, the underwater lands in the State of New York are publicly held. The existing wharf maintenance, proposed dredging, culvert placement and rock armoring would be constructed partly below the Mean High Water (MHW) line. A copy of a deed with a metes and bounds description and a supporting survey map for the property where the activity is proposed are needed to determine the ownership of the lands and waters where the structure is proposed. If in fact your client does not own the property where the structures are proposed, please submit permission from the current owners for the use and occupation of said lands. Please also provide a copy of your correspondence with or permit from New York State Office of General Services pertaining to permission to expand the existing structures on NYS lands. This information is necessary to assess the consistency of the proposed structures with Southold's LWRP Policy 9. Additionally, in accordance with 15 CFR Part 930, a public notice regarding the above mentioned proposal was published in the December 17, 2008 issue of the New York State Register for public comment. During the public comment period, comments were received which have brought to our attention that the Southold Town Trustees have suspended the review of the proposal pending litigation between local residents and the NYSDEC regarding the above mentioned activities. The Department of State strongly recommends that you withdraw your consistency certification for the above mentioned proposal until adequate engineering and biological data can be furnished, and all necessary permissions have been secured. Please provide the information requested above *vithin thirty days from the date of this letter (or March 4, 2009). Pursuant to 15 CFR Part 930.64(d), if the data and information is not provided, the Department of State may object to your consistency certification immediately thereafter. Any additional information which you believe will facilitate our review of this proposal would be appreciated. Please call me at (518) 474-1737 (e-mail: Jennifer. Street~dos.state.n¥.us) if you have any questions regarding this matter. When communicating with us regarding this proposal, please refer to Department of State file number F-2008-0833. /ils CC: Sincerely,, F3 Jennifer Street Coastal Resources Specialist Consistency Review Unit Office of Coastal, Local Government and Community Sustainability COE/New York District - Leo B. Strogach (NAN-2008-01417-EST) NYSDEC Region 1 - Kendall P. Klett (1-4738-00616/00004) DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORT~S-VAZQUEZ SECRETARy OF STATE February 2, 2009 Mr. Glenn Just JMO Environmental Consulting P.O. Box 447 Quogue, NY 11959 Re: F-2008-0833 U.S. Army Corps of Engineers/New York District Permit Application: Orient Wharf Company - the proposed installation of culverts and wharf reconstruction to re-establish tidal flow through the existing filled pier. Orient Harbor, Orient, Town of Southold, Suffolk County. Status of Consistency Review - Request for Additional Information Dear Mr. Just: The Department of State is required to notify you of the status of our review of this project for its consistency with the New York State Coastal Management Program (NYS CMP) if a decision has not been issued within three months following commencement of our consistency review. The Department of State began its review of the above-referenced activity on November 7, 2008. ttowever, we cannot complete our review of the proposed activity until you provide the following additional information and data which is required pursuant to 15 CFR Part 930.58 to enable the Department of State to adequately assess the consistency of the proposed activity with the New York Coastal Management Program (NYS CMP) as expressed in the Town of Southold's Local Waterfront Revitalization Program (LWRP): Orient Wharf, originally built in 1740, was listed on the National Register of Historic Places in 1976 by the U.S. Department of the Interior under provisions of the National Historic Preservation Act of 1966. Policy 2.1 of the Town of Southold's LWRP states, "Maximize preservation and retention of historic resources" and policy 2.1 .A states, "preserve the historic character of the resource by protecting historic materials and features or by making repairs using appropriate methods." While the restoration of tidal flow to an area when possible, is an objective of the Department of State, the process is approached using sound engineering. You have not provided any coastal engineering data that would support that the installation of culverts under the Wharf would be successful, or that illustrates the potential effects of those culverts on littoral processes and their effects upon the Wharf itself, or adjacent properties. Please provide sound engineering data pertaining to those effects. This information is necessary to assess the consistency of the proposed structures with Southold's LWRP Policy 2. WWW.DOS.STATE,NY.US · E-MAIL;INFO~DOS.STATE.NY.US F-2008-0833; Orient Wharf; p.2 Orient Harbor is designated as a Significant Fish and Wildlife Habitat and has been known to be a significant feeding and nursery area for Atlantic Ridley (Endangered), Green (Threatened) and Loggerhead (Threatened) Sea Turtles. A pattern of entrainment of sea turtles in pound nets in the Peconics has been demonstrated throughout the years, and other artificial structures have been implicated as well. Please provide documentation that culverts are not likely to have the same impacts and cause entrainment of these threatened and endangered species. This intbrmation is necessary to assess the consistency of the proposed structures with the Town of Southold's LWRP policy 6.2. In general, the underwater lands in the State of New York are publicly held. The existing wharf maintenance, proposed dredging, culvert placement and rock armoring would be constructed partly below the Mean High Water (MHW) line. A copy of a deed with a metes and bounds description and a supporting survey map for the property where the activity is proposed are needed to determine the ownership of the lands and waters where the structure is proposed. If in fact your client does not own the property where the structures are proposed, please submit permission from the current owners for the use and occupation of said lands. Please also provide a copy of your correspondence with or permit from New York State Office of General Services pertaining to permission to expand the existing structures on NYS lands. This information is necessary to assess the consistency of the proposed structures with Southold's LWRP Policy 9. Additionally, in accordance with 15 CFR Part 930, a public notice regarding the above mentioned proposal was published in the December 17, 2008 issue of the New York State Register for public comment. During the public comment period, comments were received which have brought to our attention that the Southold Town Trustees have suspended the review of the proposal pending litigation between local residents and the NYSDEC regarding the above mentioned activities. The Department of State strongly recommends that you withdraw your consistency certification for the above mentioned proposal until adequate engineering and biological data can be furnished, and all necessary permissions have been secured. Please provide the information requested above within thirty days from the date of this letter (or March 4, 2009). Pursuant to 15 CFR Part 930.64(d), if the data and information is not provided, the Department of State may object to your consistency certification immediately thereafter. Any additional information which you believe will facilitate our review of this proposal would be appreciated. Please call me at (518) 474-1737 (e-mail: Jennifer. Street(~,dos.state.ny.us) if you have any questions regarding this matter. When communicating with us regarding this proposal, please refer to Department of State file number F-2008-0833. /jls Sincerely,, r~-) Jennifer Street Coastal Resources Specialist Consistency Review Unit Office of Coastal, Local Government and Community Sustainability COE/New York District - Leo B. Strogach (NAN-2008-01417-EST) NYSDEC Region 1 - Kendall P. Klett (1-4738-00616/00004) DEC-~-~008 0~:44 FROM:JMO ~5~348 P.2 New York 8rate Department of Envlmnmentel Co*, Division of Fish, Wildlife & Marine Resources, Re Marina Habitat Prota~lon SUNY Q Stony Brook 50 Clmla Road Stony Brook, New York 11700-3409 Pho~: (631) ~,~.~. 0295 FAX: (631) ~.~,~.~297 AMEND September 1, 2008 Mr. Union Due# Orient Wharf Company P.O. Box 243 Orient, NY 11957 Dear Sir:. Your recant request te modify the above pe~ It has been detam~ined that the proposed rr the permitted actions or the ex~sting permit authorize: 1. Remove the existing wood sheathing ~ 2. DismanUe the e:~lating wharf, remove e) underetructure and excavate; 3. Dredge a +/- 30' x 60' area to -2' ALW e resultant spoil (+/- 75 c.y.) will be stock trucked off site; 4. Install (3) 58' x 91' x 58' lOng concrete over the culverts; and 5. Install rip rap (18'- 24' stone) on both curbing. · The modification of the permit comes with t 1. The storage of conslruction equipment area and/or upland areas greater than' 2. All fill shall consist of'dean' sand, grin demolition debris). aewaflon ion One lENT TO PERMIT Re: Permit # 1-4738-00616/00004 mit has been reviewed pursuant to 6NYCRR. Part 621. odificattons will not substantially change the scope of traditions. Therefore, the permit is amended to Ii (+1- t00'); isfing rip rap and stockpile it on site, remove existing a that culverts may be installed 18' below ALW.. The lied on site for dewaterlng and once drained, will be ulverts, bocldill and compact those areas between and ~ides of the roadway and refurbish the roadway and ~e.below listed additional special pem~it conditions: =nd materials shall be confined within the project work '5 linear feet from the tidal wetland boundary. si, or soil (nOt asphalt, slag, flyaah, broken con~rete or No excavation of the beach is authoriz~ d for the purpose of obtaining fill or stone material, Dredge material approved to remain or'-site and/or within the NYSDEC Tidal W~dasd$ jurisdiction shall be retained so as not t ) enter any water body, tidal wetlands, or protected buffer areas. Off-site, upland disposal of dredged material beyond NYSDEC Tidal Wetlands jurisdiction requires the approval of the Division of Solid and Hazardous Materials (631) ~.~.~.- 0375 and Is not covered by this permit, i 5. During the dredge operation, the permit holder and his contractor shall prevent spillage of sediment during excavation and haula{le, Dredging shall be accomplished with a dam shell or other dosed bucket container. 6. Excavated sediment shall bo placed directly in to the approved disposal/dewatering site or conveyance vehicle. No side-casting (double dipping) or temporary storage or dredge material is authorized. ; 7. Dredging is prohibited from June 1 to September 30 of each year to protect spawning shellfish DEC-D-P008 09:44 FROM:JMO · and/or spawning flnfish. P.3 This letter is an amendment to the original permit and, as such, shall be available at the job site whenever authorized work is in progress. All other terms and conditions remain as written In the original permlL Cc: BMHP Vew truly yours, Chades T. Hamilton Deputy Regional Permit Administrator DEC-9-~008 09:44 FROM:JMO 6553348 P.1 Phone (631)653-0607' Fax (631) 121 JessupAve · 2nd Floor * EO. Box 4~ ' Quogue, New York I 1959-~7 ,? TO: FAX COVER SHEET Company Name: Attention: Fax Number: '~/J ~"-' ~'/-'// Number of Pages Including Cover: ~' FROM: RE: MESSAGE: If you do not receive the correct Imber of pages, please call out office as soon as possible. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD TO: FROM: DATE: RE: Pete Harris, Superintendent Highway Dept. James F. King, President(~ Board of Trustees December 9, 2008 Village Lane Drainage Project Our Board is currently reviewing an application for a drainage project submitted on behalf of the Orient Wharf Co. located on Village Lane. It's our understanding that you have plans to improve the drainage in that same area along Village Lane. It would be beneficial to the Town if the projects were conducted within the same time period. Once all necessary permits have been obtained, the applicant anticipates starting the work immediately. A copy of the proposed plan is attached for your convenience. Cc: Town Board Jamie Richter, Town Engineer - Stormwater Run-off Committee Glenn Just - JMO Environmental Consulting Services Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., December 3, 2008, the following recommendation was made: Moved by Doug Hardy, seconded by Don Wilder, it was RESOLVED to SUPPORT the Wetland Permit and Coastal Erosion Permit applications of ORIENT WHARF CO. to remove the existing wood sheathing +/-100', dismantle existing wharf, remove existing rip-rap, stockpile on site, remove understructure and excavate, dredge a 30'X 60' area to -2' ALW, install culverts 18" below ALW, resultant spoil (+/-75 cy.) shall be dewatered and trucked off site. Install (3) 58"X 91 'X 56' long concrete culverts, backfill and install rip-rap (18"-24") stone on both sides of roadway and refurbish road and curbing. Located: 2110 Village Lane, Orient. SCTM#24-2-28.1 Inspected by: Don Wilder, Jack McGreevy, Doug Hardy Vote of Council: Ayes: All Motion Carried James F. King, President Jill M. DoheiW, Vice-President Peggy A, Dicke~son Dave Bergen Bob Ghosio, Jr. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765 - 1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: ORIENT WHARF CO. requests a Wetland Permit and Coastal Erosion Permit to remove the existing wood sheathing +/-100', dismantle existing wharf, remove existing rip-rap, stockpile on site, remove understructure and excavate, dredge a 30'X 60' area to -2' ALW, install culverts 18" below ALW, resultant spoil (+~-75 cy.) shall be dewatered and trucked off site. Install (3) 58"X 91'X 56' long concrete culverts, backfill and install rip-rap (18"-24") stone on both sides of roadway and refurbish road and curbing. Located: 2110 Village LanTrient. SCTM#24-2-28.1 Typ/b of area to be impacted: ~Baltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission Violation Modifications: Conditions: Present Were:/J.Kir'ig/j Dohertyx~P~ckerson D. Dzenko--wski --~;rk Terry Form filled out in the field by ~'~_--r"~ Mailed/Faxed to: Date: D~. Bergen~B.Ghosio, Environmental Technician Review- Telephone (631) 765-1802 Fax (631) 765-9502 Town Hall, 53095 Route 25 P.O. Box 1179 Southold. New York 11971-0959 SOUTHOLD TOWN LANDMARK PRESERVATION COMMISSION November 24, 2008 Gary Parker, Commodore, Orient Yacht Club PO Box 401 East Marion, NY 11939 Mr. Parker: It has come to our attention that an application has been submitted to the Southold Town Trustees for proposed work at the Orient Yacht Club (SCTM# 24.-2-28.1). Based on a review of that application, we have determined that the property and the work proposed falls under the jurisdiction of the Southold Town Landmark's Commission. Therefore, I am writing to remind you that before any construction commences, approval from the commission is required. I have included an application that you can submit to the Southold Town Building Department for this project. Although you do not need a building permit for this project, Landmark approval is required. If you have any questions, please feel free to contact this office at (631) 765-1802, between the hours of 8:00 a.m. and 4:00 p.m. Da~ Permi~,~miner~._._..~._ CC: File, Southold Town Board of Trustees, Robert Sorenson New York State Department of Environmental Conservation Division of Fish, Wildlife & Marine Resources, Region One Marine Habitat Protection SUNY ~ Stony Brook 50 Circle Road Stony Brook, New York 11790-3409 Phone: (631) ~.~ 0295 FAX: (631) ~.~ 0297 Website: www. dec.stat¢.ny, us AMENDMENT TO PERMIT September 1, 2008 Mr. Linton Duell Orient Wharf Company P.O. Box 243 Orient, NY 11957 Re: Permit # 1-4738-00616/00004 Dear Sir. Your recent request to modify the above permit has been reviewed pumuant to 6NYCRR, Part 621. it has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the pam3it is amended to authorize: 1. Remove the existing wood sheathing cell (+/- 100'); 2. Dismantle the existing wharf, remove existing rip mp and stockpile it on site, remove existing understructure and excavate; 3. Dredge a +/- 30' x 60' area to -2' ALW so that culverts may be installed 18" below ALW.. The resultant spoil (+/- 75 c.y.) will be stockpiled on site for dewatedng and once drained, will be trucked off site; 4. Install (3) 58" x 91' x 56' long concrete culverts, backfill and compact those areas between and over the culverts; and 5. Install rip rap (18" - 24' stone) on both sides of the roadway and refurbish the roadway and curbing. The modification of the permit comes with the below listed additional special permit conditions: 1. The storage of construction equipment and materials shall be confined within the project work area and/or upland areas grater than 75 linear f~et from the tidal wetland boundary. 2. All fill shall consist of'clean' sand, grovel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 3. No excavation of the beach is authorized for the purpose of obtaining fill or stone material. 4. Dredge material approved to remain on-site and/or within the NYSDEC T'~al Wetlands jurisdiction shall be retained so as not to enter any water body, tidal wetlands, or protected buffer areas. Off-site, upland disposal of dredged material beyond NYSDEC Tidal Wetlands jurisdiction requires the approval of the Division of Solid and Hazardous Materials (631) ~.~.~. 0375 and is not covered by this permit. 5. During the dredge operation, the permit holder and his contractor shall prevent spillage of sediment during excavation and haulage. Dredging shall be accomplished with a clam shell or other closed bucket container. 6. Excavated sediment shall be placed directly in to the approved disposal/dewatedng site or conveyance vehicle. No side-casting (double dipping) or temporary storage or dredge material is authorized. 7. Dredging is prohibited from June 1 to September 30 of each year to protect spawning shellfish and/or spawning finfish. This letter is an amendment to the odginal permit and, as such, shall be available at the job site whenever authorized work is in progress. All other terms and conditions remain as written in the original permit. Very tTuly yours, Charles T. Hamilton Deputy Regional Permit Administrator cc: BMHP E PLAN OA?:,ED ON IGINAL EflTE PLAN ID'f'.. tHAN TAFT ~IN III, L IDOX IqDt ~F~I=,_AP, N.Y'. IIqOI S>NE : 'i 2-l- 2 0q o 'ID: OI-OD-O,D lENT ~ C.O. INC.. .TUM ~O1~ 5OUNPlNC-7-7-7-7-7-7-7-7-~G ALId O.O .TUM FOR C, ONT~ ALE: 1~=50'-0 INNEI : FNT INA~F: CO., INC,,. · tDOX 24.D FNT, N.Y. IIqS-/ NYS DEC APPROVED AS PER TE~ AND CONDITIONS OF PERMIT NO I-ur'f'S~'oO;'l~/.o~-/- DATE. q,}, I o~f _ ,FE DIG fore You Dig, Ddll Or Blast{ CALL US TOIL FREE 1..800-g62-7962 NY industrial c:ode rule 753 requires no I~s Ihan two ~.,o~ng de/$ nolic~, but not mom ~han ten days no~e. I OPOSE[D .GE, OPE OF I4OP-..I : REMOVE EXISTINe5 ~;~OD 5HEATHIN~ CF-Ii (IOO L.F. INDTALL 5TEAL PILES AD ..GHOI,~t, ~ AND INDTALL TIE CD AN~HOf~5 AG I;~dlUII;~El~. IDIGI"IANTAL 14HARE ~t':iiNt~EN ~ ~ FmXF..,AVATICh',I, ~ 'ONE5 F-I~C~,t EXIS'FI~ ~1 I. Gt:~EJNll~ A 1-D'I~IPCNCZAt~¥ F~AF:::~ ~ ~ AT ~ ~ ZIDF_.~E IN NEED OF ~PAIR, D~'~EDF::,E AD I.~m'FT',-,-,-,-,-,~E, ED. PLAC, F ~ GTO~ ~ AD TO [;~EFI t=C,T I, tATE~, ~ .:MPOP. At~.¥ DA~. m~D~ P~A~ ~ ~ ~ ~R~I~ ~ AT ~I~NT ~ATION, ~ ~ ~ ~l~. INDT~ ~L~TD ~AOK FILL ~ ~P~T ~ ~ ~ ~ ~L~T~ ITH ~IP ~ (~"-12'9 GTO~ A~ ~" ~ I~ILL A~ ~. ). INGT~ ~ ~l~ (~l~ O~ ~L RIP ~P IN A~A ~ · O~Y NILL ~ i~T~. 315 8th Avenue #12B New York, NY 10001 December 6, 2008 Town of Southold Board of Trustees Town Hall Annex 54375 Route 25 PO Box 1179 Southold, NY 11971 RE: Orient Wharf Company permit application, hearing date 12/10/08. Dear Reader: Enclosed are comments delivered 12/8/08 via Federal Express (Fed Ex) for inclusion in the permit application file. Thank you. The wetland permit for the Orient Wharf Company's proposed project should be rejected for the following masons: Under Article II SECTION 275-6 - APPLICATION 275-6A (1) THE NAME AND ADDRESS OF APPLICANT AND THE SOURCE OF THE AP- PLICANT'S RIGHT TO PERFORM SUCH OPERATIONS(E.G. WHETHER THE APPLICANT IS THE OWNER, LESSEE, LICENSEE, CONTRACTOR, ETC.) The Oriem Wharf Company is the owner of the Orient wharf but it does not own the State waters that they propose to build on. In fact, part of the project is slated to be built on the deeded property of an the abutter. (2) A SCHEDULE FOR THE PROPOSED ACTIVITIES AND A COMPLETION DATE. The applicant has failed to provide the required schedule and completion date for the project as required in the code. (3) THE PURPOSE OF THE PROPOSED OPERATIONS. The purpose of the proposed operations is stated as "Re-build existing wharf." The Plan submitted, however, indicates that this is an_expansive modification of the ex- isting structure resulting in a substantial extension into state waters. (6) (8) THE DEPTH TO WHICH REMOVAL OR THE DEPOSIT OF MATERIAL IS PROPOSED THROUGHOUT THE AREA OF OPERATIONS, AND THE PRO- POSED ANGLE OF REPOSE OF ALL SLOPES. The depth to which the removal or deposit of material is proposed throughout the area of operations is not supplied by the applicant. SUCH APPLICATION SHALL BE ACCOMPANIED BY A SURVEY AND TOPOGRAPHICAL MAP, CREATED NO MORE THAN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION, WITH CONTOURS AT TWO-FOOT INTERVALS, SHOWING ALL WETLANDS WITHIN A 200 FOOT RADIUS OF THE AREA FROM WHICH THE REMOVAL OR IN WHICH THE DEPOS- IT OF MATERIALS IS PROPOSED, OR IN WHICH STRUCTURES ARE TO BE ERECTED, CERTIFIED BY A REGISTERED LAND SURVEYOR OR REGISTERED PROFESSIONAL ENGINEER, LICENSED BY THE STSTE OF NEW YORK. SUCH SURVEY AND TOPOGRAPHICAL MAP SHALL SHOW THE SOUNDINGS OF THE AREA IN WHICB OPERATIONS ARE PROPOSED TO BE CONDUCTED. THE HORIZONTAL CONTROL OF SAID SURVEY SHALL BE BASED ON AN APPROVED LOCAL COORDINATE SYSTEM. THE VERTICAL CONTROL FOR ELEVATIONS SHALL BE BASED ON THE UNITED STATES COAST AND GEODETIC SURVEY DATUM. (11) (12) (13) (16) (17) The applicant fails to meet this requirement. The survey submitted was created nine years ago and updated over five years ago. It does not include the contours at 2' intervals, nor does it indicate all wetlands within a 200'radius of the removal of materials. DOCUMENTARY PROOF OF PERMITS THAT HAVE BEEN APPLED FOR, ARE PENDING, AND HAVE BEEN GRANTED. No documentary proof has been provided, save the for the DEC permit am- endment. For the other permits required for this project (DEC underlying permit, DOS, Army Corps of Engineers, Historic Preservation Commission) there is no documentary proof supplied. A DESCRIPTION OF HOW THE PROPOSED ACTIVITIES WILL BE MITI- GATED, INCLUDING EROSION CONTROL, REPLANTING AND RE- STORATION, DESIGNATED POINTS OF ACCESS. ALL PROPOSED OPERATIONS WILL BE CLEARLY DEFINED ON A SURVEY AND DES- CRIBED IN A PROJECT NARRATIVE. No description has been provided regarding mitigation, including erosion control, replanting and restoration and designated points of access. These oper- ations are not clearly defined on the survey submitted, nor are they described in the 2-sentence project description, the only narrative provided in the application. CURRENT PHOTOS OF THE SUBJECT AREA SHOWING THE PROPOSED AREA OF OPERATIONS FROM AT LEAST TWO OPPOSITE DIRECTIONS. EACH PHOTO SHOULD BE LABELED WITH THE DATE, TIME, AND DIRECTION. THE LOCATION OF THE PHOTOS SHALL BE NOTED ON THE SURVEY, PROJECT PLAN OR PROVIDED ON A SEPARATE SKETCH MAP. The photos submitted by the applicant do not indicate the time they were taken, as required. The location of the photos are not noted on the survey, project plan or a separate sketch map. Please note, also, that the photos were taken at a time of day so as to obscure the town's 18"diameter run offpipe that has been depositing sand in the area of the project for many years. Further, the run-off pipe is not indicated on the plan drawing either. AN ETHICAL DISCLOSURE STATEMENT AS PROVIDED BY THE TOWN OF SOUTHOLD RELATING TO APPLICATIONS FOR PERMITS AND OTHER GOVERNMENTAL REQUESTS. The required ethical disclosure statement is missing from the application. A STATEMENT INDICATING THAT SUBMISSION OF FALSE INFOR- MATION WILL RESULT IN THE REJECTION OF THE APPLICATION AND MAY SUBJECT THE APPLICANT TO CRIMINAL SANCTIONS. (18) The applicant failed to provide a statement indicating that the submission of false information on the application may lead to criminal sanctions. A COMPLETED LOCAL WATERFRONT REVITALIZATION PROGRAM CONSISTENCY ASSESSMENT FORM. We will address this item in a separate section of our comments. SECTION 275-11 - CONSTRUCTION AND OPERATION STANDARDS C. 1N WATER 1. JETTIES AND GROINS; GENERAL RULES (b) ONLY 1N-PLACE REPACEMENT OF EXITING LOW PROFILE JETTIES AND GROINS IS PERMITTED. The application's "re-building" of the wharf is not an "in-place" operation. It pro- vides for the expansion of the wharf 6' to the north and 20' to the south. The ap- plicant's site plan shows previously non-exisfmg rip-rap extending over 20' into New York State water, well beyond "in place" replacement of an existing groin. 2. DOCKS a. STANDARDS FOR RESIDENTIAL AND COMMERCIAL DOCKS (5) ALL DOCKS INCLUDING ANY VESSEL TIED TO A DOCK SHALL HAVE A MINIMUM SEAWARD CLEARANCE OF 15' SEAWARD EXTENSION OF ANY PROPERTY LINE FROM ADJACENT PARCELS SO AS NOT TO INTERFERE WITH NEIGHBORS ACCESS TO WATERS .... The proposed project does not meet this criteria, and is, in fact, being built on an abutter's deeded property. b "DOCK LOCATIONS AND LENGTHS (3) PROHIBITED LOCATIONS AND ACTIVITIES (b) MACHINE EXCAVATION IS PROHIBITED IN TIDAL OR FRESH WETLANDS. The application describes use of backhoe and machine dredging prohibited under 275.11. d. REVIEW AND APPROVAL OF DOCK APPLICATIONS. BEFORE ISSU- ING A PERMIT FOR A DOCK STRUCTURE, THE TRUSTEES SHALL CONSIDER WHETHER THE DOCK WILL HAVE ANY HARMFUL EFFECTS. (4) WHETHER THE DOCK WILL SIGNIFICANTLY IMPAIR THE USE OR VALUE OF WATERFRONT PROPERTY ADJACENT TO OR NEAR THE DOCK. The applicant's plan shows the project is being built on an abutter's deeded property and will clearly impair the use and value of their waterfront and significantly negatively impact their riparian rights. (10) WHETHER THE DOCK WILL ADVERSELY EFFECT VIEWS, VIEW- SHEDS AND VISTAS IMPORTANT TO THE COMMUNITY. The Orient wharf is in the heart of the historic district and is the social hub of community. The proposed project, which is to be built in public waters, not only will add an additional structure blocking the waterfront, but is is to be built with 21st century materials (pre-formed concrete cylinders) expanding an historic 17th-18th century structure. This insensitive use of non-compatible materials will certainly negatively effect the views, viewsheds, and vistas important to the community" (11) "WHETHER THE CUMULATIVE IMPACTS OF A RESIDENTIAL AND COMMERCIAL DOCK WILL CHANGE THE WATERWAY OR THE EN- VIRONMENT AND WHETHER ALTERNATE DESIGN, CONSTRUC- TION, AND LOCATION OF THE DOCK W]LL MINIMIZE CUMULA- TIVE IMPACTS" The applicant's plan will change the waterway as a consequence of adding an additional structure into New York State water and by the use of 21st century materials. The applicant did not include any alternate design or construction modalities. 3 DREDGING (c) "ALL DREDGING APPLICATIONS MUST DEMONSTRATE A SPECIFIC LO- CATION FOR THE DEPOSIT OF DREDGING MATERIAL" The application fails to supply the specific location for the deposit of dredging mat- erials, as required. SECTION 275-12 - STANDARDS FOR ISSUANCE OF A PERMIT THE TRUSTEES MAY ADOPT A RESOLUTION DIRECTING THE ISSUANCE OF A PERMIT TO PERFORM OPERATIONS APPLIED FOR ONLY IF IT DETERMINES THAT SUCH OPERATIONS DO NOT SUBSTANTIALLY: (A) ADVERSELY EFFECT THE WETLANDS OF THE TOWN. The application does not supply any analytical data to make the determination that the wetlands will not be adversely effected. (B) CAUSE DAMAGE FROM EROSION, TURBIDITY OR SILTATION." The application fails to supply any analytical data to make the determination that the project could cause damage from erosion, turbidity, or silting. (D)ADVERSELY EFFECT FISH, SHELLFISH, OR OTHER BENEFICIAL MARINE ORGANISMS, AQUATIC WILDLIFE AND VEGETATION OR THE NATURAL HABITAT THEREOF. The application does not provide any analytical or scientific data to make the deter- mination that fish and wildlife habitats will not be adversely effected. (E) "INCREASE THE DANGER OF FLOOD AND STORM-TIDE DAMAGE." The application does not provide any scientific data to make the determination of whether the project increases the danger of flood and storm-tide damage, but the VE zone designation of the area of the project clearly demonstrates that there is a significant danger of flood and storm damage. (see map) (H) "WEAKEN OR UNDERMINE THE LATERAL SUPPORT OF OTHER LANDS iN THE VICINITY." The applicant does not provide any scientific studies to prove or disprove whether the project would weaken or undermine the lateral support of any other lands in the vicinity. (J) "ADVERSELY EFFECT THE AESTHETIC VALUE OF THE WETLAND AND ADJACENT AREAS." The applicant supplies sufficient information on the plan drawings to show that the project would adversely effect aesthetic values in it's planned use of moderu concrete culverts to modify an historic structure. "TATiC NA11ONAL FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP SUFFOLK COUNTY, NEW YORK (ALL IURISDICTIONS) PANEL 68 OF 1026 (SEE MAi' IND~A ~OR ~'AN~LS NOT PRiN1ED) CONTAINS NUMBER P~k ~lx MAP NUMBER 36103C0068 G EFFECTIVE DATE: MAY 4,1998 ZONE X zONE X ZONE BOR Chapter 275-6A (18) LOCAL WATERFRONT REVITALIZATION PROGRAM CONSISTENCY ASSESSMENT FORM The assessment form completed by the applicants is flawed in that it is incorrect and incomplete in numerous of its responses. DEVELOPED COAST POLICY POLICY 1: FOSTER A PATTERN OF DEVELOPMENT 1N 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. The answer to this question is NO. The project will not foster community character in that it is proposing to make alterations to an 18th-19th century structure using 21st century materials (pre-formed concrete conduit pipes). POLICY 2: PRESERVE HISTORIC RESOURCES OF THE TOWN OF SOUTHOLD The answer to this question is NO. The applicant is quite mistaken in responding that this policy is inapplicable. The Orient wharf is located in the heart of the Orient historic district, which has been on the National and State Registers of Historic Places since 1976. The district was recognized by Southold Town's Landmark Preservation Committee within the past five years and has come under its jurisdiction. The wharf is an original 18th century structure (1740) which was extended twice in the early 19th century (1829 and 1848). The wharf project violates policy 2 in general and in numerous of its eval- uation standards. We cite:2.1 A&B, 2.2 Bi&2, & 2.3A2: 2.1 MAXIMIZE PRESERVATION AND RETENTION OF HISTORIC RESOURCES A. PRESERVE THE HISTORIC CHARACTER OF THE RESOURCE BY PROTECTING HISTORIC MATERIALS AND FEATURES OR BY MAKING REPAIRS USING APPROPRIATE MATERIALS. B. PROVIDE FOR COMPATIBLE USE OR REUSE OF THE HISTORIC RE- SOURCE, WHILE LIMITING AND MINIMIZING INAPPROPRIATE ALTER- ATIONS TO THE RESOURCE. Dismantling 100' of the oldest section of the wharf in order to insert 3 pre-formed concrete conduit pipes 56' long by 91" wide by 55" high is not protecting historic materials and features, using appropriate methods, nor minimizing or limiting inappropriate alterations to an historic resource 2.2 PROTECT AND PRESERVE ARCHEOLOGICAL RESOURCES B. IF IMPACTS ARE ANTICIPATED ON A SIGNIFICANT ARCHEOLOGICAL LWRP 2 RESOURCE, M1NIMIZE POTENTIAL IMPACTS BY: 1. REDESIGNING THE PROJECT 2. REDUCING DIRECT IMPACTS ON THE RESOURCE Neither of these options have been entertained by the applicant. In their DOS/Army Corps of Engineers application, page 2, question 5,they state: "No alternatives have been discussed" (See attached). 2.3 PROTECT AND ENHANCE RESOURCES THAT ARE SIGNIFICANT TO THE COASTAL CULTURE OF THE LONG ISLAND SOUND. A. PROTECT THE CHARACTER OF HISTORIC MARITIME AREAS 2. PRESERVE MARITIME CHARACTER BY MAINTAINING APPROPRIATE SCALES, INTENSITY OF USE AND ARCHITECTURAL STYLE. The use of 56' long concrete conduit pipes neither preserves the appropriate scale nor the architectural style of the historic wharf. POLICY 3: ENHANCE VISUAL QUALITY AND PROTECT SCENIC RESOURCES THROUGHOUT THE TOWN OF SOUTHOLD. The answer to this question is NO. This project is contrary to policy 3, in general and specifically in numerous of it's standards. We cite 3.1 A, D,F,G,I, &J2. 3.1 ENHANCE VISUAL QULAITY AND PROTECT SCENIC RESOURCES THROUGHOUT THE TOWN OF SOUTHOLD. A. MINIMIZE STRUCTURAL DESIGN COMPONENTS WHICH WOULD BE DISCORDANT WITH EXITING NATURAL SCENIC COMPONENTS AND CHARACTER. The project contains structural design components which are discordant with ex- isting natural scenic components, i.e., three 56' concrete conduit pipes protruding from an historic stone wharf. D. USE APPROPRIATE SITING, SCALES, FORMS, AND MATERIALS TO EN- SURE THAT STRUCTURES ARE COMPATIBLE WITH AND ADD INTER- EST TO EXISTING SCENIC COMPONENTS. Again we cite three 56' protruding concrete conduit pipes as being inappropriate in both scale and materials in this proposal. F. IMPROVE THE VISUAL QUALITY OF THE HAMLET AREAS. G. IMPROVE THE VISUAL QUALITY OF HISTORIC MARITIME AREAS. This project will detract from the visual quality of the hamlet areas, and historic maritime areas because of the design, scale, and materials proposed by the applicants 5. Provide a thorough discussion of alternatives to your proposal. This discussion should include, but not necessarily be limited to, the "no action" alternative and alternative(s) resuitlng in tess disturbance to waters of the United States. For filling projects in waters of the United States, including wetlands, your alternatives discussion should demonstrate that there are no practicable alternatives to your proposed filling and that your project meats with current mitigation policy (i.e. avoidance, minimization and compensation). NO alternatives have been discussed DREDGING PROJECT~ Answer the following if your project involves dredging. I. Indicate the estimated volume of material to be dredged and the depth (below mean Iow water) to which dredging would occur. Would there be overdepth dredging? ~ 75 c.y to -2' ALW 2. You can apply for a ten.year permit for maintenance dredging. If you wish to apply for a ter~year permit, please provide the number of additional dredging events during the ten-year life of the permit and the amount of material to be removed during future events. n/a 3. Indicate of your drawings the dewatering area (if applicable) and disposal site for the dredged material (except landfill sites). Submit a sufficient number of photographs of the dewatering and disposal sites as applicable so as to provide a clear indication of existing conditions. For ten.year maintenance dredging permits, indicate the dewateringldisposal sites for future dredging events, if known. ncl se ~J~n~ the method of dredging (i.e. clamshell, dragline, etc.) and the expected ~d 4. duration of dredging. Crane with clamshell or backhoe 5. Indicate the physical nature of the material to be dredged (i.e. sand, silk clay, etc.) and provide estimated percentages of the various constituents if available. For beach nourishment projects, grain size analysis data is required. Stone and earthern fill LWRP 3 I. ANTICIPATE AND PREVENT IMPAIRMENT OF DYNAMIC LANDSCAPE ELEMENTS THAT CONTRIBUTE TO EPHEMERAL VISUAL QUALITIES. The applicant has not met this standard. By not submitting any scientific analysis of the effects on the dynamic landscape of the project, it is not known what will happen when a 100' gap is opened in the body of the wharf. J. PROTECT VISUAL QUALITY ASSOCIATED WITH PUBLIC LANDS, IN- CLUDING PUBLIC TRANSPORTATION ROUTES, PUBLIC PARKS, AND PUBLIC TRUST LANDS AND WATERS. 2. LIMIT ALTERATIONS OF SHORELINE ELEMENTS WHICH CONTRIBUTE TO SCENIC QUALITY. The applicant's project proposes using public trust waters to make the alterations to their private property, which is a significant shoreline element. Further, the applicant has not supplied scientific analyses of whether the project is necessary, whether the project will work, and what effects the project will have on the environment. NATURAL COAST POLICIES POLICY 4: MINIMIZE LOSS OF LIFE, STRUCTURES, AND NATURAL RESOURCES FROM FLOODING AND EROSION. The answer to this question is NO. The applicant's answer of 'not applicable' is baffling, as this is essentially a groin project that has everything to do with flooding and erosion control, and further, this project in located in a coastal erosion hazard area. This project is also in a VE flood zone, according to FEMA's map #36103C0068 G (included). 4.2 PROTECT AND RESTORE NATURAL PROTECTIVE FEATURES A. NO DEVELOPMENT IS PERMITTED IN NA .TURAL PROTECTIVE FEATURE AREAS, EXCEPT AS SPECIFICALLY ALLOWED UNDER THE RELEVANT PORTIONS OF 6 NYCRR 505.8. The project is located in a coastline area which is categorized as a natural protective feature area, and as such development is not allowed in this zone. POLICY 5: PROTECT AND IMPROVE WATER QUALITY AND SUPPY 1N THE TOWN OF SOUTHOLD. The answer to this question is NO. This project is contrary to policy 5, in general, and specifically in some of its standards. We cite: 5.3C and 5.5A. 5.3 PROTECT AND ENHANCE QUALITY OF COASTAL WATERS C. PROTECT WATER QUALITY OF COASTAL WATERS FROM LWRP4 ADVERSE IMPACTS ASSOCIATED WITH EXCAVATION, FILL, DREDGING, AND DISPOSAL OF DREDGED MATERIAL. The application is silent on the dewatefing method of the spoil and how 'stockpiling' it on site and dewatering it, as opposed to containing it and dewatefing it, would not lead to contamination of coastal waters if the 'stockpile' was on the seaward side of the pro- posed opening of the wharf. Further, there is no specific location cited as to where the spoil will be taken after dewatefing it, as required by Town code. 5.5 PROTECT AND CONSERVE THE QUALITY OF POTABLE WATER. A. PREVENT CONTAMINATION OF POTABLE WATERS BY LIMITING DISCHARGES OF POLLUTANTS TO MAINTAIN WATER ACCORD- INO TO WATER QUALITY CLASSIFICATION, AND LIMITINO, DISCOURAGING OR PROHIBITING LAND USE PRACTICES THAT ARE LIKELY TO CONTRIBUTE TO CONTRAVENTION OF SURFACE AND GROUNDWATER QUALITY CLASSIFICATIONS FOR POT- ABLE WATER SUPPLIES. The vagueness in the applicant's description of the methodology of dewatering spoils that are"stockpiled" as opposed to contained on site could effect the abutter's groundwater if the "stockpiling" is done landward of the proposed opening in the wharf. POLICY 6: PROTECT AND RESTORE THE QUALITY AND FUNCTION OF THE TOWN OF SOUTHOLD ECOSYSTEM. The answer to the question is UNKNOWN. The project is in an area designated as a 'Significant Coastal Fish and Wildlife Habitat' (Reach 5) and yet the applicant provides no qualified assessment of whether ecosystems will be effected, impaired, destroyed or mitigated in the course of this project or restored at the conclusion of it. The project is contrary to policy 6, in general and specifically to numerous of its standards. We cite 6.1, 6.2, 6.3, and 6.4. 6.1 PROTECT AND RESTORE ECOLOGICAL QUALITY THROUGH OUT THE TOWN OF SOUTHOLD. 6.2 PROTECT AND RESTORE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS. 6.3 PROTECT AND RESTORE TIDAL AND FRESHWATER WET- LANDS. 6.4 PROTECT VULNERABLE FISH, WILDLIFE, AND PLANT SPE- CIES, AND RARE ECOLOGICAL COMMUNITIES. The application does not address any of these evaluation criteria because no scientific studies of these issues was undertaken in regard to the project. The applicant says there "should be no destruction of designated habitat ...... "and it "should have no negative impact on any vulnerable fish, wildlife or plant species." But will it? LWRP5 POLICY 8: MINIMIZE ENVIRONMENTAL DEGRADATION IN TOWN OF SOUTHOLD FROM SOLID WASTE AND HAZARDOUS SUBSTANCES AND WASTES. The answer to the question is NO. The application denies that the project involves haz- ardous substances or waste in the first part of the sentence answering this question and in the second part says that debris will be disposed of. (see enclosed) The applicant appears not to know that dredged spoils requiring dewatering are hazardous materials. The dredged spoils involved in this project are contaminated and must be dewatered and disposed of properly. Yet the application is vague as to the method of dewatering, the location and method of storing ("stockpiling") and the specific disposal site of the hazardous material. 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. The answer to this question is NO. The applicant has posted "Private" and "No Trespassing" signs on the property for years. The applicant has demonstrated his intention to enforce the public access restriction as evidenced by the attached letter from his attorney. 9.3E PRIVATE USES, STRUCTURES, OR FACILITIES ON UNDERWATER LANDS ARE LIMITED TO THOSE CIRCUMSTANCES WHERE OWN- ERSHIP OF UNDERWATER LANDS OR RIPARIAN INTEREST HAS BEEN LEGALLY VALIDATED EITHER THROUGH PROOF OF OWNERSHIP OF THE UNDERWATER LANDS OR ADJACENT RIPARIAN PARCEL, OR BY ASSIGNMENT OF RIPARIAN IN- TEREST BY THE RIPARIAN OWNER. The applicant is proposing to put a structure on underwater lands adjacent to its wharf. The applicant has failed to provide "proof of ownership" of the underwater lands or ad- jacent riparian parcel or assignment of riparian interest by the riparian owner. WORKING COAST POLICIES POLICY 11: PROVIDE SUSTAINABLE USE OF LIVING MARINE RESOURCES IN LONG ISLAND SOUND, THE PECONIC ESTUARY, AND TOWN WATERS. The answer to this question is UNKNOWN. The applicant offers no qualified analytical or scientific data to support a claim that "The project should have no impacts upon ~D~~ or habitat values or impairment of the viability of designated habf~]-Th~~ project should have no negative impact on any vulnerable~-sh,wildlife or pla-~-t- species. It is Atmc~k~l~ifn~ssary felt that this project is consistent with this policy. Policy 7. Protect and improve air quality in tile Town of Soutlmid. See LWRP Section HI - Policies Pages 32 through 34 for evaluation criteria. Yes [] No ~ Not Applicable The project will have no impact on air quality. this Policy is not applicable to this project. It is felt that Attach additional slmets if necesaal3, ........................ Policy 8. M~imize environmental degradation in Town of Southaid from solid waste and hazardous sul~ane~_ and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. [--~[Yes [--] No ~-~ Not Applicable The project does not involve hazardous substances or waste. The project does involve the disposal of solid waste (debris removed from existin9 wharf) which will be disposed of. It is f~ this project is consistent with this policy. PUBLIC COAST POLICIES [~ Yes~ No [] Not Applicable The project site currently provides public access to and recreation use of coastal waterst public lands and public resources of the Town of Southold. There shall be no interuption of this access. It is felt that this project is consistent with this policy. Atta~haddifi~sh~tsifnec~sary WORKING COAST POLICIES Policy 10. Protect Southoid's 'wat~--dependem uses and Promote siting of new water-dependent uses suitable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~ No ~-~ Not Applicable October 24, 2000 New York.. New York ~rope~y. Notice ~s h~reby ~iv~ %ha~ you, your f~ily ~nd any of ~aid property of t~e Orient Whar~ Company, ~y violation of thi~ against the offending party. ~. Orient ~hauf Company LWRP6 commercial or recreational use of the Town of Southold's finfisn, shellfish, crustaceans, or marine plants." ectful, ly5 submitted, Clare & David A~t ~gTn~il~a~g: 1~~ 12/8/08 John Henry Dec. 3,2008 Southold Town Board of Trustees Town Hall Annex 54375 Route 25 Southold, NY 11971 Re: Orient Wharf Application for Wetlands & Coastal Erosion Hazard Area permits Dear Trustees: I write as the owner of residential waterfront property on Village Lane, Orient, that lies a few hundred feet south of the wharf. In my opinion, the wharf company's application is deficient in several critical respects. The applicant makes broad assertions about the potential impact of the proposed construction project without citing scientific opinion to substantiate those assertions. For example, the wharf company says, "The project should have no impacts upon the commercial or recreational use of the Town of Southold's finfish, shellfish, crustaceans or marine plants." The company offers only this sketchy justification for that statement: "It is felt {my emphasis added} that this project is consistent with this policy." That simply isn't good enough. The applicant also asserts that the project "does not involve hazardous substances or waste." That statement would seem to misrepresent the facts; spoil dredged from harbor bottoms almost invariably contains toxic material. Furthermore, while the applicant says that the spoil would be dewatered onsite before being trucked away, the company fails to specify how -- or even whether -- it would contain the polluted water drained from the dredged material. In answer to the question "What is present land use in vicinity of project?" the applicant has checked "other" instead of the obvious, correct answer, "residential." And included with the application is a map showing the location of the wharf to be at Village Lane and King Street when it's actually a full 0.15 miles north of there. If the wharf company can't accurately present the most basic and easily verifiable details of its project, it can't expect us to take on faith the rest of its statements in this application. I ask you to reject it. Respectfully submitted, 54 Riverside Drive, Apt. 16-B New York, New York 10024 P: (212) 799-4816 F: (646) 349-3675 jbhenry54~yahoo, com DEC 02v2008 03:20P 315 8th Avenue #12B New Yurk, NY 1000l December 2, 2008 Southold Town Board of Trustees Town lhll Annex 54375 Route 25 PO Box 1179 Southold, NY 11971 RE: Orient Wharf Application for Wetlands & Coastal Erosion lhzard Area permits page 2 Dear Trustees: We arc aware oftbe application vo make changes to the Orient wharf. In the limited time afforded to abutters and other interested parties to respond, we can only say that the ap- plication is deficient and filled with inaccuracies and omissions and lacks any scientific environmt:nOJ analysis, subjects which we will address in a later cummunication_ Nnw, however, we would like to point out that the project is within the ~ are_._~a ot th.~ Town s coastal erosion hazard area_ Southoki Town code, Article Il, Chapter 11 I- I 0, paragraph B slates ill regurd to structural hazard areas The construction o£ non- .movable structures or placement of major nonmovable additions to an existing structure ts prohibited." Based soley on this criteria, the application should be rejected. Rf~;tt~lly Clare L. Air submitted, . DEC 02,2008 03:20P page 1 DA'rE: 'FO: FROM: RE: # PA_GEg: 12/2/(18 Southold Town Board of Trustees Clare I.. Air Orient Wharf Company applications for Wetlands and Coastal Erosion Hazard Area permits 2 including cover sheet DEC 02~2008 01:33P 2 December 200g $outhold Town 'rmste~$ Town Hall Southold, New Yah: notice. ~rk on my pint, ecl' high water On thia be.sis aJon~, ] i,~k lb,' rca:t:~, c, ~ f lh~: ,,OOli"" '...ti' -.,~,' ::~'. w: l,~ast, po.~pon~ment ofth~ RespecttkI. iy sd~'r 9.~t:,,9. IS/ Timothy '?. I::o,,I DEC 02,2008 01:33P page i Datc: From: Rc: Pagc~: Orient Wharf Company, Village Lane, Orient Photographed 10 August '08 Town of Southold Orient Wharf Company, Village Lane, Oriem Photographed 10 August '08 Town of Southold Orient Wharf Company, Village Lane, Orient Photographed 10 August '08 Town of Southold Orient Wharf Company Village Lane, Orient Village Rd Orient NY 11957 Streets98 0¸4 06 0¸8 Page i OFFICE LOCATION: Town Hall Annex 54375 State Route 25 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 To: From: Date: Jim King, President Town of Southold Board of Trustees Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator December 8, 2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit and Coastal Erosion Permit for ORIENT WHARF CO. SCTM#24-2-28.1 J.M.O. Environmental Consulting on behalf of ORIENT WHARF CO. requests a Wetland Permit and Coastal Erosion Permit to remove the existing wood sheathing +/-100', dismantle existing wharf, remove exisfmg rip-rap, stockpile on site, remove understructure and excavate, dredge a 30'X 60' area to -2' ALW, install culverts 18" below ALW, resultant spoil (+/-75 cy.) shall be dewatered and trucked off site. Install (3) 58"X 91'X 56' long concrete culverts, backfill and install rip-rap (15"-24") stone on both sides of roadway and refurbish road and curbing. Located: 2110 Village Lane, Orient. SCTM#24-2-28.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LW-RP policy standards and therefore is CONSISTENT with the LWRP; provided that a silt boom is deployed duriag intertidal operations pursuant to § 275-11 A (2) as referenced below. The narm~e of the orommed action is to restore tidal flow to the water body north of the wharf by installine three culverts. The three culverts will provide a conaectinf corridor which will allow for the free exclmm~ of biological resmarc~ amona two water bodies: North of and South of the wharf. Allowino for the exchange of biological resources b~w~a these two water bodies will maximize the natural resource values of Orient Harbor (a SiaMfleant Coastal Fish and Wildlife Habimfl. further advancino LWRP uolicv standards 6.1.6.2. and 6.3 as outlined below. 6.1 Protect and restore ecological quality throughout the Town of Southold. 3. Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. b. Where fragmentation of ecological communities has already occurred, the adverse effects of fragmentation can be mitigated by maintaining or providing connecting corridors to allow exchange of biological resources. 6.2 Protect and restore Signifieal~ Coastal Fish and Wildlife Habitats~ C. Wherever practical, restore Significant Coastal Fish and Wildlife Habitats to foster their continued existence as natural systems by: 1. Reconstructing lost physical conditions to maximize habitat values, 6.3 Protect and restore tidal and freshwater wetlands. F. Restore tidal wetlands and freshwater wetlands, wherever practical, to foster their continued existence as natural systems by: 1. Reconstructing lost physical conditions to maximize wetland values, § 275-2 Definitions; word usage. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. Properly installed, silt booms completely surround the project area. § 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 witkin tke immediate project are,, The deolovment of a silt boom ns a Beat Mammement Practice will further advance LWRP Poliv'y 5~ Protect and imorove water uualitv in the Town of Southold mad LWRP Policy 6 Protect and restore tidal and fresh water Figure #1 Orient Harbor, north side of the wharf. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Off]ce Use Only f, oastal Erosion Permit Application etland Permit Application Administrative Permit Amendmentfr rahs fer.~.,xtensiol~ f ~¢ce~ved Application: ~ompleted Applicifion/ __incomplete __SEQRA Classification: Type I~Type II Unlisted Coordination:(date sent~ ~_~CAC Referral Sent: 7 ~Date of Inspection: ~Reenipt of CAC Report: __Lead Agency Determination: Technical Review: ~/Public Hearing Held: __Resolution: Name of Applicant Orient Wharf Company Add, ss P.O. Box 243r Orient, NY 11957 Phone Number:( ) 631 -323-3552 Suffolk County Tax Map Number: 1000 - 24 - 2 - 28.1 Pro e-"' Lo p xty cation Villaqe Lane, Orient ~rov~eLILCO Pole#,~stance ~ crossswee~.andlocafion) AGENT: Glenn E. Just/ JMO Environmental Consultin~ (Ifappli~ble) Ad,ess: P.O. Box 447, Quoque~ NY ~959-0447 Phone: 653-0607 ~oard'of Trustees Applicatio~n GENERAL DATA Land Area (in square feet):_ Area Zoning: M - 1 Ma r i n ~ Previous use of property: Marina Intended use of property:, same Prior permits/approvals for site improvements: Agency Date NYSDEC 1-4738-00616/00004 permit '02 modification '08 __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspen~ieffby a governmental agency? --" ~~ No Yes If yes, provide explanation: Pr~tDescripfion(useattachmentsifnecessary): Applicant proposes to remove existing wood sheathing ~100', dismantle existing wharf, remove existing riprap, stockpile on site, remove understructure and excavate, dredge a 30'x 60' area to -2' ALW, install culverts 18" below ALW, resultant spoil 4 ~75 cy) shall be dewatered and trucked off site. Install (3) 58"x 91'x 56' long concrete culverts, backfill and install rip rap (18" - 24") stone on both sides of roadway and refurbish road and curbing. Project Description for Orient Wharf Company, Orient Applicant proposes to remove existing wood sheathing (+100), dismantle existing wharf, remove existing rip rap- Stockpile on site. Remove understmcture and excavate, dredge a 30'x 60' area to -2' ALW, install culverts 18" below ALW. Resultant spoil (+75 c.y.) shall be dewatered and tracked offsite. Install (3) 58"x 91'x 56' long concrete culverts, backfill and install rip rap (18"- 24") stone on both sides of roadway and refurbish existing roadway and curbing. OBoardof Trustees Application WETLAND~TRUSTEE LANDS APPLICATION DATA Purpose ofthe proposed operations: Re-build existing wharf, install culverts, refurbish roadway and curbing Area of wetlands on lot: 0 square feet Pement coverage of lot: n / a % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? No x Yes If yes, how much material will be excavated? 7 5 cubic yards How much material will be filled? + 5 cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: 1: 1 Manner in which material will be removed or deposited: payloader SmtementoftheeffecLifany, on thew~landsandfidalwatersofthe~wnthatmay ~sultby re~onofsuchproposedoperafions(useattachmen~ifappropriate): The purpose of the proposed project is to restore the flow of tidal waters "through" the existing pier so that the areas north of the pier are more readily flushed Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes ofproposedacfivity: Reconstruction of existing wharf to establish tidal flow and repair roadway and curbing Are wetlands present within 100 feet of the proposed activity? No X Yes Does the project involve excavation or filling? No × Yes If Yes, how much material will be excavated? 75 C¥ (cubic yards) How much material will be filled? +2 0 cy .(cubic yards) Manner in which material will be removed or deposited: Backhoe Describe the nature and extent of the environmental impacts reasonably anticipated resulting fi.om implementation of the project as proposed. (Use attachments if necessary) The utilization of mitigation measures such as silt curtains and dredging windows should reduce any negative environmental impacts. DEC-1-2008 1J:5S FROM:JMO CONSULTING James F. King, Pr~sident Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Ir. Town Hall 53095 Route 25 P,O. Box 1179 $outhold, New York 11971.0959 Telephone (631) 788-i892 F&x (631) 788-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application o£ ..................... COUNTY OF SUFFOLK) STATE OF NEW YOR.K) AFFIDAVIT OF POSTING residing at ~j~"~) ~/..~ being duly sworn, depo~ and say: That on ~c ~ d~. ,200~ I pe~onaHy posted the by piing fl~e Bo~ of ~uste~ offici~ ~ost~fiere it can e~i[y be seen~ ~d ~t I ~ve checked to be s~ the poser has remain~ in place for ei~t ~ys prior to ~e d~te of~e public h~dng D~e of berg noted ~ereon to be held ~, Dated: / Sworn to before me this ?oo , NOTARY PUBLIC, STATE OF NB~ YOm NO. 02NUSOD422 OUALIFIED tN SUFFOLK COUNff C0UUISSION ~(PiR[3 JUNE 20, 20._~.v PROOF OF M~ILING OF NOTICE A'rl'ACH CERTIFIED MAIL RECEIPTS Cedified Fee ~ Restricted DeJive~ (Endorsement Required) Total Postage & Fees STATE OF NEW YORK COUNTY OF SUFFOLK $1.17 ] 0959 Ce~ified Fee Return Receipt Fee (Endorsement Required/ Restricted Dehvery Fee (Endorsement Required) Total Postage & Fees $2.70 $2.20 ~,~ $ $6.07 ~'~,~,L~, ~ ,residing at /~'"'t ~'L~,¢CJL~ ~2d,C~ ~[1~"~ J~¢._.,,l~.~ ~J ~ , being duly swor~, depo~ a~d says that o~t the -~ $' ~ day of )~ ]')V~ ,200~, deponent mailed a tree copy of the Notice set forth in the Board oftrastees 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~e 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 SUSAN GERACI N°~rY Public, 81ale M New yo~k Ne. 01~1E612~47 Ion Sx~r~ March 21,20_ Sworn to before me this Day 20 __ Notary Plfolic OCT-8-8088 12:38 FROM:JMO CONS~JLTING G5~48 r0:38~2688 Boa~-d o£ T~"usteel Appl.:Lcat.~.on Coumy of Suffolk SYal~ of N~w York swo~ ~o B~O~ ~ ~.s ~ D,~Y 0~~0~ Nolary Public IIOTAEf PUBLIC, STA1~ OF NEW YORI I10. 02HU5029422 ~JALiFIED iN SUFFOLK ~ //x COMMISSION E](PIRES JUNE 20, ~ OCT-8-2008 12:30 ~-ROM:J~O CONS1]LTIN~ 653J~48 TO:32J2SS~ AUTHORIZATION (where thc applicant is not the owner) [print owner of property) (mailing (Age~) Soulhold Board of Town Trustees ou my behalf. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I. PROJECT INFORMATION (To be compIsted by A )plicant or Project Sponsor) 2. PROJECT NAME Wharf reconstruction 1. APPLICANT/SPONSOR Orient Wharf Company 3. PROJECT LOCATION: Municipality Oricnt(Southold) County Suffolk 4. PRECISE LOCATION (Street address and mad intersections, prominent iondmarks, etc., or provide map) Village Lane, Orient Town of Southold, Suffolk County Location map and survey enclosed 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: please see atlached 7. AMOUNT OF LAND AFFECTED: Initially ~ acres Ultimately 0 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? --~ Yes [] No if No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commemia, [] Agriculture [] Park/Forest/Open Space Descdbe: Existing marina 10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~ Yes [~ No If Yes, list agency(s) name and permit/approvals: NYSDEC approved, Town of Southold 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~'] Yes L_] No If Yes, list agency(s) name and permit/approvals: NYSDEC 12. AS A RESULT OF PROPOSED ACTION WILL EX ST NG PERM T/APPROVAL REQUIRE MODIFICATION? [--]Yes ~-']No I CERTIFY THAT TH E Ih)FO]RMATIONJ~OVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor r~ame: Glenn ~ yas/~ ~ Date: /C~ Signature: If the action IS i:the~oast-~t'~Area, and you are a state a ency, complete/the [ Coa;tal klsessment Form before proceeding with ~is assessment OVER I Reset Town of Southoid LWR~ CONSISTENCY ASSESSbli~.NT FORM A. INSTRUCTIONS All applicanls for permits* including Town of Soulhold agencies, shall complete this CCAF for proposed actions that ate subject to the Town of Southold Waterfront Consislency Review Law. This ~ is intended to supplement other information used by aTown of Southold agency in making a dete~minntion of co~is~ncy. *Except minor exempt ~ctions incht~ Building Permits and other ministerial permits not located within the Coastal Erosion Hctwant Area. Before answering the questions/n Sect/on C, ~he prepzrer of ~ form should nw/ew the ex~mpt m/nor act/on I/~ po~/cies and ~ of each po]icy costa/ned hi the Town of Southold Local Wateifiont Revitalizatioa Program. A p~ol, osed aclilm will be evaluated as Io its si?ificant beneficial and adverse effects upon the coastal mea (which includes all of Southold Town). ff any question in Section C on this form is answe~xl "yes", then lhe p~opozed action may affect the achievement of the LWRP policy standards and conditions contain~l in the consistency review law. dehaadna6on that it is co~i.gtent to the maximum extent practicable wiih the LWRP policy A copy of the LWRP is available in the following places: online at the Town of Southold's webait~ (southoktmw~net), the Board of Tmst~es Office, the Plama~ Depaatment, all local libraries and the Town Clerk's offa:e. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM~ 1000 _24 -2 28.1 The Applh:ation has been submitted to (check ~n, mpria~ n~onse): TownBoara [-~ PlaonlngDept. ~-~ Building Dept. [] BoardofTrustees ~ Category of Town of Southold agency action (check app~opdate response): (a) Action undeflaken directly by Town agency (e.g. capital consm~on, planning activity, agency t%mlation, land mmsaction) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approva Em, certification: Natureandexientofacfion: Applicant proposes to remove existing wood sheathing, (~100'!dismantle exist'~ng wharf, remove existing rip rap, stockpile on site, remove understructure and excavate dredge a 30~x 60' area to -2' ALW, install culverts 18" below ALW. Resultant spoil (+75 cy) shall be dewatered and trucked off site. Install (3) ~8"x 91'x 56' long concrete culverts, backfill and install rip rap (18"-24") stone on both sides of roadway and refurbish road and curbing. Location of action: Site acreage:. Village Lane, Orient Present land use: Existing Marina Presentzoningclassification: M-1 Marine use If an application for the proposed action has been filed wilh lhe Town of Sonthold agency, the following informalion shall be provided: (a) Nameofapplicant: Orient Wharf Company (b) Mailing address: P .O. BOx 243t Orient, MY 11957 (c) Tdephonen,mher:AreaCode( ) 631-323-3552 (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 federalag~cy?. DEVELOPED COAST POLICY Policy 1. Foster s lmO. ern of development in the Town of Southoid 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 LW'RP Section m - Policies; Page 2 for evaluation criteria. []Y~ [-] No ~ Not App.cable The project shall not detract from the character of th~ ~nmm,]n~y site which is used for water-denendent uses. It is f~lt that this project is consistent with this Policy. A~ach ~ ~ if nocessary Policy 2. Protect and preserve historic and archapological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes ~-~ No ~-~ Not Applicable The project will have no impact on any ~istorin or archaeological resources of the Town of Southold. Therefore, it is felt that this Policy is not applicable to this project. Attach additional shee~s ff necessary Policy 3. Enhance ritual quality and pro~_~ scenic resources ~ the Town of So. hold. See LWRP Section HI- Policies Pages 6 through 7 for evaluation criteria Th~ ?rnj~n~ chill h=--V~ "e im=~=--ct ~n =ny ~ce"_ic re_~e,_,rca_~ cr impact the visual quality of the Town of .qol,~hn]r] Tt iS f~]~ that the project is consistent with this policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minlml,e loss of life, structures, and natural resources fi'om flooding and erosion. See LWRP S~c~n m- Policies Page~ 8 through 16 for evaluation criteria ~ Yes ~-~ No ~'~ Not Applicable The .pro~ect does not involve the manaqement of floo~q Q~ eroslon control. It is felt that this Policy is not applicable to ~n~s pro3ect. Attach additional sheets if necessary Policy 5. Protect and improve water quality aud supply in the Town of Southold. See LWRP Seclion IH - Policies Pages 16 through 21 for evaluation criteria [] The pro_4e~t ~h~]] h~v~ mn ~mp;:,r','l'~ ~,n th9 ~U=--!ity or quantity of potable water. It is felt that this project is consistent with this Policy. Attach additional sheets if necessmy Policy 6. Pro*ec~__ and restore the quality and function of the Town of Southold ecosystems includi.~ Significant Coastal l~h and V~'~lllfe H~Mf. mts ~ wetlamds. See LWRP Section m - Policies; Pages 22 through 32 for evaluation criteria. ~-~ Yes ~ No [] Not Applicable through the existin~ filled Diet. There shall be no phymic~] ]nms of or degradation of any existing ecological components in the area of the project site nor any fragmentation of any existing ecological communities. There should be no destruction of The project shall not have any impacts upon the existing or future water-d~p~ndent uses. It is felt that this project is consistent with this Policy. Attach additional aheets if necks,shay Policy 11. Promote stmtainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III -Polieies; Pages 57 through 62 for evaluation criteri~ --~[¥es N No ~-~ Not Applicable The project shoula have no impacts upon the commercial or recreational use of the Town of Southold's finfish, shellfish, crustaceans or marine plants. It is felt that this project is consistent with this Policy. Attach additional she~s if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section fll - Policies; Pages 62 through 6S for evaluation criteria. [] Yes ~-~ No ~ Not Applicable The project does not involve agricultural landst therefore it is Ielt that this Policy i~ not applicable to this project. Attach additional shc~s if necess~-y Policy L3. Promote appropriate use and development of energy and mheral resources. See LWRP Section IH -Polieies; Pages 6~ through 68 for evaluation criteria. ~-~ Yes R No ~-~ Not Appficable The oroiect does not involve the use or d~_v~lopment of ~n~=rqy and mineral resources, therefore it is felt that this Policy is not applicable to this project. Created on 5/25/05 11:20 AM J,M,O,. Environmental Consulting Services November 3, 2008 Southold Town Board of Town Trustees P.O. Box 1179 Southold, N.Y. 11971-1179 Attn: Lauren RE: Application for Orient Wharf Company Dear Lauren: As per the call regarding this project please find enclosed the following materials. 1. Additional application fee of $ 250.00 2. Coastal Erosion Application 3. New plans with the Coastal Hazard Erosion Line depicted by J. Butler Engineering Should you require any additional infoimation please feel free to contact our office at any time. arh Most sincerely, Phone (63~) 653-0607 o Fax (631) 653-3348 121 Jessup Ave · 2nd Floor ° P.O, Box 447 Quogue, New York 11959-0447 5URYF¥ OF PROPERTY "THE ORIENT PtHARF" 51TUATE, ORIENT TOPtN.. .50UTHOL[:) .SUFFOLK GOON'Pti, NY OCT 2 8 ,1/ S -- ' °Un~o~lo~n ~RAPHIG ~GAL~ JOI-U~ C. ; LAND SURVEYOR 6 EAST MAUl STREET N.Y.S. LIC. 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