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Home My WebLink About1000-31.-14-6 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: January 23, 2013 Re: Proposed Wetland Permit and Coastal Erosion Hazard Erosion Permit for RICHARD McKINNEY & CYNTHIA POWER SCTM# 1000-31-14-6 Costello Madne Contracting Corp. on behaff of RICHARD McKINNEY & CYNTHIA POWER request an Amendment to Wetland Permit #7765 and Coastal Erosion Permit #7765E to construct 390'+/- of new bulkhead; re-pile existing rocks from revetment section as armoring at base of new bulkhead for 120'+/- (exact distance to be determined by actual amount of existing rock available); fill void area landward of new bulkhead with clean trucked in sand approximately 175+/- cubic yards; re-grade bank and re- vegetate with Cape American beach grass; reconstruct existing 10'x20' wooden platform landward of top of bank; reconstruct existing 3' wide access stairway to 15each in-place; reinstall fencing in-place as necessary; reinstall flag pole. Located: 12340 Route 25, East Marion. SCTM# 31-14-6 The Board issued a permit for the bulkhead (rock revetment), platform and stairs in 2007. Also in 2000 a permit was issued for the 10x20 deck. 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. 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 COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JE']-I'IES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. SOX 2124 · GREENPORT, NEWYORK 11944 · (631) December 20, 2012 Southold Town Trustees PO Box 1179 Southold, NY 11971 RE: McKinney Property - 12340 Route 25, East Marion Dear Trustees: · FAX (631) 477-0005 DEC 24 2012 I am requesting an amendment to Trustee permits #7765 and construction of 390' of bulkhead rather than the previously approved The hurricane cause significant erosion to this property, properties were better protected and endured less damage. We feel that ~ ppropriate and reasonable for this area and will not cause, environmental dynamics. I have enclosed the following items for your review: · Three copies ofproject~,~ans illustrating the · A copy of DEC permit #1~4x~38-01463/000~4 allowing the construction of 390' of bulkhead on this site. ~ / d~,[~ i ~ · Copy of Town permits #7765 an~tX7X765C/ · Photograph of project site taken aft~x~HujhScane Sandy. · Check #9819 for $100 representing thc~ltee associated with amending both permits. If any additional information is needed, please do not hesitate to contact me or John A. Costello. enclosures OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM APR 12 2012 To: Jim King, President ~ ~ · : Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: April 11, 2012 ¸Re: Proposed Wetland Permit and Coastal Erosion Permit for RICHARD MCKINNEY & CYNTHIA POWER SCTM#1000-31-14-6 Costello Marine Contracting Corp. on behalf of RICHARD MCKINNEY & CYNTHIA POWER requests a Wetland Permit and Coastal Erosion Permit to remove existing 90' rock revetment and reconstruct in- place 90' of new configured rock revetment deeper and 3' higher reusing existing rocks supplemented with approx. 150 tons of additional new rocks as needed; scarf top edge of existing bank, regrade and revegetate with native plantings; remove existing 300' of existing concrete slab revetment and reconstruct in-place 300' of new configured rock revetment deeper and 3' higher approx. 1.4 tons of rock per linear ft.; regrade top edge of existing bank and revegetate with native plantings. The existing Cedar tree to remain and the removed existing concrete slabs to be broken up crushed and used as fill and foundation base. Any excess not used to be removed from site to an approved disposal site. Located: 12042 Rt. 25, East Marion. SCTM#31-14-6 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 action is CONSISTENT with the LWRP Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7765 & 7765C DATE: APRIL 18~ 2012 ISSUED TO: RICHARD MCKINNEY & CYNTHIA poW,ER PROPERTY ADDRESS: 1-2040 ROUTE 25, EAST MARION c-; ~ SCTM# 31-14-6 AUTHORIZATION Pursuant to the provisions of~(2hapter 275 and/or Clmpter 111 of the Towa Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees a~dopted 9t the meeting held on April 18, 2012, and in consideration of applicatinn fee in the sum 0f $500.00 paid by Richard McKiane¥ & Cynthia Power and sgbject to the TeraLs~.~ .and C0ndifi9 ~ns as stated in the Res01ution~ the Southold Town Board of Trustees authorizes and pcl'mi~iboTollowi~: Wetland Permit to remove existing 90' rock revetment and reconstruct in-place 90' of new configured rock revetment ~eeper and 3' higher reusing existing rocks supplemented with approximately 150 tons of ad~6hal new rocks as needed; scarf top edge of existing bank, regrade end revegetate with native plantings; remove existing 300' of e~isting concrete slab revetment and reconstruct in-place 30(~' of new configuration rock revetme~nt deeper and 3' hi~her, aonroximatel~ L4 tbns~:r~ ~e¥:~ineai: ~0~~ ~i~e ~, ~d~bP edge ~ ~axisting ban°k an~r'evegetate ~vith native plantings; the exi~g ~da~-'l~r~e't0'~ema[n; and Tl/e ~emoved existing concrete slabs to be broken up, crushed and used as f'di and foundation base; any excess not to be used to.be rem?ed from ~ite tO' an a~proved disposal site; wi~h'- the condition tha~t the existing wood~'deck be ~]oc~ed b~hind'tll~f~ii~; ~hd~a~ ile~pi~ted on the site plan prepared by Costello Marine Cont~6~g C°i~., las~ ~tt~l February 29, 20~2 and stamped approved 0n April lg, 2012. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these p~esents to bo subse~nbod by a majority of thc said Board as or,his date. James F. King, President Bob Ghosio, Jr., Vice-President ' Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD COASTAL EROSION MANAGEMENT PERMIT COASTAL EROSION PERMIT #7765C Applicant/Agent: Costello Marine Contracting Corp. Permittee: Richard McKinney & Cynthia Power SCTM#: 31-14-6 Project Location: 12040 Route 25, East Marion Date of Resolution/Issuance: April 18., 2012 Date of Expiration: April 18, 2014 Reviewed by: Board of Trustees DESCRIPTION OF ACTIVITY: To remove existing 90' rock revetment and reconstruct in-place 90' of new configured rock revetment deeper and 3' higher reusing existing rocks supplemented with approximately 150 tons of additional new rocks as needed; scad top edge of existing bank, regrade end revegetate with native plantings; remove existing 300' of existing concrete slab revetment and reconstruct in-place 300' of new configuration rock revetment deeper and 3' higher, approximately 1.4 tons of rock per linear foot required; regrade top edge of existing bank and revegetate with native plantings; the existing Cedar tree to remain; and the removed existing concrete slabs to be broken up, crushed and used as fill and foundation base; any excess not to be used to be removed from site to an approved disposal site; with the condition that the existing wood deck be relocated behind the fence; and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated February 29, 2012 and stamped approved on April 18, 2012. INSPECTIONS: Final SPECIAL CONDITIONS: (apply if marC, ed) In accordance with Chapter 111-15 Erosion Protection Structures: A maintenance agreement is attached hereto and is a necessary special condition of this permit. Board of Trustees ('41,') ,~ T?-#~',~ ' ' 'New York State Department of Environmental Conservation Division of Environmental Permits, Region 1 SUNY ~ Stony Brook 50 Cimle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 · Fax: (631) 444-0360 Website: www.dec.ny.qov Joe Martens Commissioner December 11, 2012 Cynthia Power Richard McKinney 44 West 77m Street Apt. 8E New York, NY 10024 Re.' DEC # 1-4738-01463/00004 Power & McKiney Property, 12340 Main Rd., E. Marion Remove Concrete Debris, Install Bulkhead Dear Permittee: DEC 2 4 2012 In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather Sincerely, Kevin A. Kispert Environmental Analyst II Enclosures KAK/File cc: NYSDEC Habitat-TW J. Costello, Costello Marine NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-01463 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: CYNTHIA POWER 44 WEST 77TH ST APT 8E NEW YORK, NY 10024 RICHARD MCK1NNEY 44 WEST 77TH ST APT 8E NEW YORK, NY 10024 Facility: POWER & MCKINNEY PROPERTY 12340 MAIN RDISCTM 1000-31-14-6 EAST MARION, NY 11957 Facility Application Contact: COSTELLO MARINE CONTRACTING CORP PO BOX 2124 GREENPORT, NY 11944-2124 (631) 477-1199 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: EAST MARION Facility Principal Reference Point: NYTM-E: 724.196 NYTM-N: 4556.411 Latitude: 41°07'41.0" Longitude: 72°19'45.0" Authorized Activity: Remove all concrete rabble/debris, construct 390 linear feet of new bulkhead, re- pile existing rock along base of bulkhead as armor, and place 175 cy of clean fill landward of the bulkhead all as shown on the attached plans prepared by Costello Marine Contracting Corp. pages 1-6, last revised 11/9/12, stamped "NYSDEC Approved" on 12/11/12. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-01463/00004 New Permit Effective Date: 12/12/2012 Expiration Date: 12/11/2017 Page 1 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-01463 NYSDEC ApprOval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Date I Z/ /t / Permit Administrator: ROGER EVANS, Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS ® Authorized Signature: ! -/J'-~,~ J,-~/0dXtx ~ Distribution List COSTELLO MARINE CONTRACTING CORP Habitat - TW KEVIN A KISPERT Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Permit Attachments Site Plan 11/9/2012 NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Costello Marine Contracting Corp. pages 1-6, last revised 11/9/12, stamped "NYSDEC Approved" on 12/11/12. z. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. Page 2 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1~4738-01463 3. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top podion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 4. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas a~ a result of the permitted activities. 5. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 6. No Equipment below Apparent High Water Equipment operation below (seaward) apparent high water is strictly prohibited. 7. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary. 8. Remove all Concrete Debris All concrete debris seaward of the approved bulkhead shall be completely removed from the area and transpo?ed to an approved upland site for disposal. 9. Excavation for Bulkhead/Structure Prior to any construction or removal of bulkheads and other shoreline stabilization structures all backfill shall be excavated landward of the structure and retained so as not to enter the waterway, tidal wetland or protected buffer area. 10. Bulkhead Height The new bulkhead height shall not exceed the height of the adjacent bulkheads. 11. Backfilling All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads or other approved shore!ine stabilization structures shall be completed prior to placement of any fill material behind such structures. 12. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 13. Grade and Stabilize Slope of Tidal Wetland The existing bank shall be graded and shaped to receive the revetment or other shoreline stabilization structure so that the f'mal toe of slope extends no further seaward or closer to the tidal wetlands than the existing toe of slope. 14. Grade to Match That Adjacent to Bulkhead All fill must be graded to matCh the elevation of the land immediately adjacent to the bulkhead. 15. No Runoff Over or Through Bulkhead o~' into Wetland There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland or protected buffer area. 16. No Structures on Bulkhead No permanent structures shall be installed on the authorized bulkhead without first obtaining written department approval (permit, modification, amendment). Page 3 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1~4738-01463 17. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for mote than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 18. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 19. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or end'roger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 20. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 21. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Page 4 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-01463 GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Departmenfs representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department I'ur permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the fight to exercise all available authofity to modify, suspend or rex~oke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; Page 5 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID i-4738-01463 d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity.. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsib!lity and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extem attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittcc is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the pem~ittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 6 of 6 NYSDEC APPROVED AS PER TERMS AND CONDITIONS OF PERMIT NO.~"-O/~' DATE ' L)~I~ tl//~ ?~./-~ Ct 7 ~..+~.,d *-