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Home My WebLink AboutTR-7952 Apr.25.2014 07:57 AM - . PAGE. 1/ 1 To: John Bredemeyer, President Board of Trustees Fj�)e From: Edward L. Brennan, President West Lake Assn. April 24, 2014 Re: West Lake Association, Inc. SCTM#90-1-11 This letter supersedes the letter faxed to you on April 17th 2014. It reflects changes in the start date and includes mechanical dredging by land as well as barge. Per the letter from James F, King to Patricia Moore dated Sept. 6, 2013 1 am writing to inform you of the upcoming dredging at West Lake. Following is the information you requested. The contractor is: First Coastal Corporation ID 4 Arthur St, APR 2 5 2014 Po Box 1212 _ Westhampton Beach; NY 1197$ a �- Phone: 631-288-8940 The anticipated start date is during the week of April 28, 2014. The proposed method of dredging is by mechanical equipment by land and from a barge, The spoils will be brought to the permitted disposal site at Angel Shores beach by truck and barge. The contractor has made several site visits and is aware of the conditions at the site and the concerns regarding the adjacent bulkheads. He has copies of, and understands, all the permit conditions. He has recommended mechanical dredging as the method best suited to avoid any adverse impact on the surrounding properties. Should you have any need to communicate with me please contact me by phone at 860-961-3217 as I am out of town. Apr.17.2014 08:20 AM PAGE. 1/ 1 To:John Bredemeyer, President Board of Trustees From: Edward L. Brennan, President West Lake Assn. Re: West Lake Association, Inc. SCTM#90-1-11 Per the letter from James F. King to Patricia Moore dated Sept. 6, 2013 1 am writing to inform you of the upcoming dredging at West Lake. Following is the information you requested. The contractor is: First Coastal Corporation - 4 Arthur St. APR 17 2014 PO Box 1212 Westhampton Beach, NY 11978 Board W Phone: 631-288-8949 The anticipated start date is during the week of April 21, 3014. The proposed method of dredging is by mechanical equipment from a barge. The contractor has made several site visits and is aware of the conditions at the site and the concerns regarding the adjacent bulkheads. He has copies of, and understands, all the permit conditions. we has recommended mechanical dredging by small barge as the method best suited to avoid any adverse impact on the surrounding properties. Should you have any need to communicate with me please contact me by phone at 860-961-3217 as I am out of town. h . s 220 nA �,r�!.!]!?,�'.7��'.�� 1 .�,e,,o; a, � tom. > •.+k West Lake dredging 5/14/14 � r u ... .....��t.,.a. r... �r E 1_ . 'i LAW OFFICES OF SOL®MON & HERRERA, PLLC 2950 HEMPSTEAD TURNPIKE LEVITTOWN,NEW YORK 11756-1468 fix �r (516)579-6200 it ♦FACSIMILE _ more intensive on conditions which are known and have substantially changed from the application which was granted. Accordingly, it is respectfully requested that the amended permit be suspended and a public hearing be held for any proposed changes to the originally approved application. In the event that a public hearing is not scheduled and the amended application not suspended please be on notice that Mr. Moy will pursue all remedies against this Board and the Town of Southold for any property damages caused by such dredging. This is a very serious alteration of the application that requires full disclosure, investigation and hearing in favor of the public interest. Very truly yours, HAEL D. SOLOMON MDS:mm cc: Dai Moy Southold Town Attorney Supervisor, Scott A. Russell Patricia Moore, Esq. PATRICIA C. lY OORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 www.mooreattvs.com email: pcmoorenmooreattvs.com September 4,2013 via email Board of Trustees 12� � � "� Town of Southold E V� Main Road Southold NY 11971 SEP - 6 2013 RE: WEST LAKE ASSOC. Southold Town fT Dear President King&Board members: Due to the super stonn sandy, contractors were unavailable prior to the close of the June dredging window. All of the potential contractors are advising West Lake that the dredging should take place in the Spring of 2014 after any possible winter storms. We will advise you if there is any change. Very truly your , Patricia C. Moore PCM/bp encls. C: James F.King,President O��rjF S0UIjsrOl Town Hall Annex Bob Ghosio,Jr.,Vice-President 54375 Main Road P.O.Box 1179 Dave Bergen Southold, New York 11971-0959 John Bredemeyer G Q • �O Telephone(631) 765-1892 Michael J.Domino O Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 6, 2013 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: WEST LAKE ASSOCIATION, INC. SCTM#90-1-11 Dear Ms. Moore: Based on information provided by your office, work under Wetland'Permit#7952, issued October 17, 2012 and Amended May 15, 2013, to allow the dredging of the West Lake channel entrance and a portion of the adjoining West Lake, has not started. Prior to commencement of the dredging,'please provide the following information: the contractor/company name, address, phone number, as well as the anticipated start date, and proposed method of dredging. The Board of Trustees may require a written statement from the contractor attesting to the conditions of the channel entrance so as to avoid any adverse impact on the surrounding properties and to insure compliance with Wetland Permit#7952. Sincerely, James F. King, Presi ent Board of Trustees cc: L. Hulse, Esq., Asst. Town Attorney HYDROGRAPHIC MAP I NEST LAKE CHANNEL I Surveyed: 06-26-1 APP OV � .Amended: 07-01-12, 03-30-12 y= ® J�Y a y i j Town: Southold . . .BOARD OF TRUSTEES s i SuffolkCounty, '.,TOWN OF SOUTHOW Datum: A L W 77-1 _- e 0f marsh Z. -----------------------------——————— �• /'—, 1-1 ,'1�-� /'-t ---.`—,— -`—J - --------------- IT , Uw - �•s ,;=.10L_,-`its " f Moat �. T %-9 - -. - _______ — ___—_-__ ---------------------- --- - _-------------------- zj ed0 _-- ---------- / t mars _ C15A cy !r r'J; oC-10i 123.8 cy. X7.1 cy m - -- K 4 7 '71(S 36.6 cy 0 f�< ►cepp 33.2 cy ------------------ -- 0 ----- ----- --- ------------ LW c 44.7 cy ` s\ " ;+ ' `rr Dred e to -3 ALN 44.Cf cy i. slope's 42.0 cy min. 10' SEP 2 5 2012 1 g from E �4 bU I kheads 32.1 c �I 'southold To—"� y I c c Board of Trustees - 2Q.2 cySAY i 25.4 cy I �(/d[)-•,T[�`y[{z' � r'r,}�,;a��'l Y'`L`� �� T� 4ts� � FfffflJ13 12.G cy F30X#366 Aquebogue IVY 11931 ROBERT H. FOXApprox. 640 cV ISYS PLS# 50197 ' to be removeo James F. King, PresidentOq so Town Town Hall Annex Bob Ghosio,Jr.,Vice-President h 54 Main Road P..O.O. Box 1179 Dave Bergen # Southold, New York 11971-0959 John Bredemeyer Q :c� • �O Telephone(631) 765-1892 Michael J. Domino 0�y 00UNi'1, Fax(631) 765-6641�` BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 15, 2013 Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: WEST LAKE ASSOCIATION, INC. WEST LAKE CHANNEL, SOUTHOLD SCTM# 90-1-11 Dear Ms. Moore: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, May 15, 2013: RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit #7952 to modify the method of dredging to be by mechanical equipment (such as, but not limited to, excavator and front loader) from adjacent upland or barge; and dredge material shall be deposited at an approved upland site or on a barge for transport to a DEC and Trustees approved location; and as depicted on the revised survey prepared by Robert H. Fox, last dated on March 30, 2013 and stamped approved on May 16, 2013. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, James F. King President, Board of Trustees JFK/amn �pSUFFO(� James E King.President ��p P.O. Box 1179 G Bob hosio.Jr.,Vice-President � S Southold,NY 11971 Dave Bergen Telephone(63 1 765-1992 John Bredemeyer Fax(63 1)765-6641 Michael.1. Domino G Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: !� Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION, INC. requests an Administrative Amendment to modify the method of dredging to be by mechanical equipment (such as, but not limited to, excavator and front loader) from adjacent upland or barge; and dredge material shall be deposited at an approved upland site or on a barge for transport to a DEC and Trustees approved location. Located: West Lake Channel, Southold. SCTM# 90-1-11 Type of area to be impacted: _Saltwater 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 Info needed: 7 Modifications: Conditions: Present Were: J. King B. Ghosio D. Bergen, J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: gUFFO(,r James F. King,President ��p� I aG Town Rall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President o P.O.Box 1179 Dave Bergen 2 Southold,NY 11971 John Bredemeyer oy • Telephone(631)765-1892 Michael J.Domino Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction % constructed Project complete, compliance inspection HYDROGRAPHIC MAP N WEST SAKE +ANNE; Surveyed Q7-(J ° d APPROVED BYTownE Suffolk South .; BOARD OF TRUSTEES � TOWN OF SOUTHOLD /o- rr,` ry' - N � a t 14 � G ' � � m✓�Q - C2; r, / a r� -- �fi ra hi �• Y B' 74>1 \ --- - N 3_ '25.8 cy L 4 ,a K 36.6 �y l � �P� m ;yam �f .e 4 " - Y � r � - Lf i 1 CJ 71 - 42.0 :y ( 2 52(112 min,_ SEP ;r7 p bu l kneod5 L iC BAY -- F) _a.2 cy 28.4 Cy / I2.a cy — -- -� A Approx, 640 c -_-- to be removed BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 7952 DATE: OCTOBER 17, 2012 ISSUED TO: WEST LAKE ASSOCIATION, INC. PROPERTY ADDRESS: WEST LAKE CHANNEL, SOUTHOLD SCTM#90-1-11 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on October 17.2012,and in consideration of application fee in the sum of$250.00 paid by West Lake Association. Inc.and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to hydraulically maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3' mean low water; pump the resultant approximately 640 cubic yards of material to the bermed upland site; and as depicted on the survey prepared by Robert H. Fox, last dated August 30, 2012, and stamped approved on October 17, 2012. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. h�o�pSl►FFO(�.cO 0 TERMS AND CONDITIONS The Permittee West Lake Association Inc c/o Peter Gunn residing at 2145 Little Peconic Bay Lane Southold, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages,of suits arising directly or indirectly as a result of any operation performed pursuant to this pemrit,and the said Permittee will,at his or her own expense, defend any and all such suits initiated by third parties,and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved,but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely,or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 0 9 James F. King, President a0F so Town Hall Annex Bob Ghosio,Jr.,Vice-President ,`O� �� 54375 Main Road P.O. Box 1179 Dave Bergen Southold,New York 11971-0959 John Bredemeyer o Q Michael J. Domino %20 Telephone (631) 765-1892 COU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 17, 2012 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: WEST LAKE ASSOCIATION, INC. WEST LAKE CHANNEL, SOUTHOLD SCTM# 90-1-11 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, October 17, 2012 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION, INC. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 25, 2012, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 17, 2012, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 2 . WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of WEST LAKE ASSOCIATION, INC. to hydraulically maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3' mean low water; pump the resultant approximately 640 cubic yards of material to the bermed upland site; and as depicted on the survey prepared by Robert H. Fox, last dated August 30, 2012, and stamped approved on October 17, 2012. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $5,750.00 Very truly yours, James F. King A' President, Board of Trustees JFK/eac w 0 James F. King,President Q��fFD(,t-CO Town Hall Annex Bob Ghosio,Jr.,Vice-President ti� l� 54375 Route 25,P.O. Box 1179 Dave Bergen Southold,NY 11971 John Bredemeyer �� Telephone(631)765-1892 Michael J. Domino �Ol ��a Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: West Lake Association. Inc. c/o Patricia Moore, Esq. Please be advised that your application dated September 25, 2012 has been reviewed by this Board at the regular meeting of October 17, 2012 and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1 st Day of Construction ($50.00) % Constructed ($50.00) XX Final Inspection Fee ($50.00) XX Dredging Fees ($10.00 per cubic yard) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Final Inspection Fee = $50.00 Dredge Fees = 570 cubic yards X $10.00 per cubic yard = $5,700.00 TOTAL FEES DUE: $ 5,750.00 BY: James F. King, President Board of Trustees o�g�yFFD(,pco �s Peter Young,Chairman Town Hall,53095 Main Rd. Lauren Standish,Secretary P.O.Box 1179 Southold,NY 11971 ��Q� � Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council OCT 12 2012 Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., October 12, 2012 the following recommendation was made: Moved by John Stein, seconded by William McDermott, it was RESOLVED to NOT SUPPORT the Wetland Permit application of WEST LAKE ASSOCIATION, INC. to hydraulically maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3 mean low water; pump the resultant approx. 640 cy. of material to the bermed upland pursuant to separate permit for SCTM#1000-90-1-9. Located: West Lake Basin Channel, Southold. SCTM#90-1-11 Inspected by: Doug Hardy, William McDermott, Audrey Horton, John Stein, Peter Young The CAC does Not Support the application and recommends an engineering survey with depth and the condition of the bulkheads and pilings. There is also a question as to the disposition of Town-owned property. Vote of Council: Ayes: All Motion Carried OCT 1 7 2012 WEST LAKE ASSOCIATION --- - West Lake Association wishes to hydraulic dredge the inlet in accordance with a DEC permit, permit #1-4738-02751/00004, and hydographic map submitted herein attached as Exhibit A. The application is for a standard wetland permit, two year duration, subject to request for one year extensions. West Lake has been previously dredged. DEFINITION: MAINTENANCE DREDGING A dredging project will be considered maintenance dredging if there is documentary evidence that it has been previously dredged. POINT I: Maintenance Dredging is permitted: Town Code 275 B. (3) Dredging. (a) Creeks. [1] Only maintenance dredging (as defined in § 275-2) is permitted, unless the applicant owns underwater land or the applicant is requesting permission to dredge in connection with installation of low-sill bulkheads. All maintenance dredging permits shall be valid for a period no greater than 10 years. The West Lake channel has been previously dredged and needs to be dredged again. [2] Dredging may be permitted when it can be demonstrated that the actions of man have resulted in impairment to water quality or habitat value. The existing jettys and storms have caused the siltation of the channel. Maintenance dredging is periodically required to maintain the navigability of the channel and tidal flushing of the boat basin. [3] Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata, Spartina altemiflora or Spartina patens) or seagrass (Ruppia maritia or Zostera marina) meadows is prohibited. The proposed dredging is being conducted away from the salt marsh vegetation and the existing low sill bulkheads protect the adjacent wetlands. (b) Freshwater wetlands. Dredging of freshwater ponds may be permitted when it can be demonstrated that such action will restore the water body to an historic condition, improve water quality or habitat value. The existing boat basin is not a freshwater pond. (c) All dredging applications must demonstrate a specific location for the deposit of dredging material. A permit has been issued for the upland deposit of the dredging material. POINT II: The dredging request has been thoroughly reviewed by the New York State Department of Environmental Conservation under three different State and Federal environmental standards and are in compliance with these regulations: Tidal Wetlands under Article 25 (Permit #1-4738-02751/00004); Excavation& Fill in Navigable Waters under Article 15, Title 5 (Permit #1-4738-02751/00005); and Water Quality Certification under Section 401 of the Clean Water Act (Permit#1-4738-02751/00006). In light of the above thorough review, West Lake Association will meet the Town's wetland standards set forth in Town Code 275-12. § 275-12. Standards for issuance of 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 will not substantially: The NYSDEC conditions on the permit are intended to address the same standards in Town Code 275-12. A. Adversely affect the wetlands of the Town. The NYSDEC has reviewed the permit and impact on the tidal wetlands, they issued a permit, and found that the proposed action conforms to both State and Federal standards. B. Cause damage from erosion, turbidity or siltation. Hydraulic dredging is proposed which limits erosion, turbidity or siltation. The channel has suffered from turbidity and siltation from both man made and natural causes; the piping of sand from the adjacent bulkheads,placement of man made jetty at the entrance of the channel, and natural accretion of sand through storm action. The proposed dredging will maintain a 10'setback from the adjacent bulkhead to prevent erosion from adjacent properties. C. Cause saltwater intrusion into the fresh water resources of the Town. Not applicable. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitat thereof. Maintenance dredging will improve the tidal flushing of the boat basin as well as be beneficial to marine organisms, aquatic wildlife and vegetation or natural habitat. E. Increase the danger of flood and storm-tide damage. Maintenance dredging will have no impact on flooding or storm tide effects. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the Town. Maintenance dredging will be beneficial to navigation and tidal flow of the tidal waters within the boat basin. G. Change the course of any channel or the natural movement or flow of any waters. Not applicable. H. Weaken or undermine the lateral support of other lands in the vicinity. Great care, customary in the trade, will be taken by a professional dredging company to prevent weakening or undermining the adjacent bulkheads. The Greenfield bulkhead on the west was constructed, according to the Trustees permit #338 dated March 1986&DEC bulkhead permit, with the bulkhead constructed with 20'piles, 14' deadman and 16'sheathing buried deeply into the ground with the channel dredged against the bulkhead to 5'mean low water, herein attached as Exhibit B. Moreover,prior to the 2012 northeaster, the sand accumulation against the westerly bulkhead. After the storm this sand was pushed by storm tides against the easterly bulkhead This natural shift in the sand did not affect the bulkheads, therefore, dredging 10'away from the bulkhead will not weaken or undermine the lateral support of the upland. In order to prevent any impact to adjacent bulkheads, the DEC permit has required that the dredging maintain a ten foot (10) distance from the bulkhead and requires post dredging plans be filed. In order to give the Trustees the ability to monitor the condition of the adjacent bulkheads, the West Lake Association agreed to submit a maintenance dredging permit which was subject to review by the Trustees in two years and then again, annually for two extensions. 1. Otherwise adversely affect the health, safety and general welfare of the people of the Town. The dredging will not adversely affect the health, safety and welfare of the people of the Town. Maintenance dredging is performed by the County of Suffolk in the best interest, health, safety and general welfare of the Town. Private maintenance dredging is similarly beneficial. J. Adversely affect the aesthetic value of the wetland and adjacent areas. The proposed dredging is a benefit to the West Lake community and the aesthetic values of the owners surrounding the boat basin. The West Lake boat basin is a water dependent use which can not be maintained without private maintenance dredging. CONCLUSION: A compromise was found between the interest of the adjacent owners whose bulkhead is adjacent to the West Lake channel and the West Lake community which wishes to maintain the health of the boat basin and navigation of the channel. A standard tidal wetland permit for maintenance dredging, with prior review by the Trustees for extensions of the permit must be granted. New York State Department of Environmental Conservation _ Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 v Phone: (631) 444-0365 Fax: (631)444-0360 Website: w w.dec.nv.gov km Marims Comrn4ssmncr September 6, 2012 West Lake Association C/O Mr. Peter Gunn 2145 Little Peconic Bay Lane Southold NY 11971 Re: NYSDEC Permit# 1-4738-02751/00004 West Lake Association Dredging East end of West Lake Drive Southold Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we are enclosing your permit. Please carefully read all 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, and a Notice of Commencement/ Completion of Construction. Sincerely, Matthew yaw k Matthew R. Penski Environmental Analyst 1 cc: Patricia C. Moore, Esq. BOH-TW File Aft NEW YORK STATE DBPAR MENTOFENVIRONMENTALCONSERVATION �i Facility DEC ID I-4738-02751 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: Facility: WEST LAKE ASSOCIA'T'ION WEST LAKE &CANAL CIO PETER GUNN EAST END OF WEST LAKE DR 2145 LITTLE PECONIC BAY LN SOUTHOLD, NY SOUTHOLD, NY 11971 Facility Application Contact: PATRICIA C MOORS 51020 MAI\ RD SOUTIIOLD,NY 11971 (631) 765-4330 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 718.4 NYTM-N: 4545.1 Latitude: 41°01'40.3" Longitude: 72°24'07.8" Project Location: West Lake, east end of West Lake Drive, Southold Authorized Activity: hydraulically maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3'mean low water. Pump the resultant approximate 640 cubic yards of material to the diked (bermed) upland portion of the properly at 250 Midway Road(SCTM 1000-90- 1-9)for dewatering prior to the removal of the material to an approved upland location. All work shall be perfonued in accordance with the plans prepared by Robert H. Fox last revised on 8/30/12 (sheet 1 of 2)and Nathan 'raft Corwin III last revised on 5/25/12 (sheet 2 of 2), bath stamped "NYSDEC APPROVED" on 9/6/12. Permit Authorizations -_�- 1. Tidal Wetlands - Under Article 25 Permit ID 1-4738-02751/00004 New Pennit Effective Date: 916/2012 Expiration Date: 9/512022 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-02751.100005 New Permit ElTective Data 9/6/2012 Expiration Date: 9/5/2022 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4735-02751'00006 New Permit Effective Date: 9/612012 Expiration Date: 9/5/2022 Page I of 7 NEW YORK S'I'A'tE DIsYARTMENT OF ENVIRONMENTAL CONSERVATION r Aft Facility DEC ID 1-4738-01751 \`YSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator:JOHN A WIELAND, Deputy Regional Permit Adminisflr'tor Address: NY.SDEC R FGION. 1-1[EADQUARTERS \ SUrY Cr) STONY BROOK150 CIRCLE RD STONY BRLN 1790 -3409Authorised Signature: Date6ft/O�/ � C CDistribution List PATRICIA C MOORE Ilabitat - TW Environmental Permits Permit Components NATURAL RESOURCE. PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO Al.i,AUTHORIZLD PERMITS NOTIFICATION OF OTI IFR PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; EXCAVATION & FILL IN NAVIGABLE WATERS; WATER QUALITY CERTIFICATION 1. Conformance With Plans All activities authorizes[ 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 Robert 11. Fox last revised on 8/30/12 (sheet I of 2) and Nathan Taft Corwin III last revised on 5/25/12 (sheet 2 of 2), both stamped "NYSDEC APPROVED" on 9/6/12. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they arc 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 signal and returned, along with photographs of the completed work. Page 2 of 7 AM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION � Facility DEC ID 1-4738-D2751 3. 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. 4. Storage of Equipment, Materials 'I he storage of construction equipment and materials shall be confined to the uplands areas landward of the existing bulkhead, on a barge, and greater than 50 feet landward of the tidal wetland boundary at 250 Midway Road (SCTM 1000-90-1-9). 5. Dredging Prohibition Period Dredging is specifically prohibited from .lune 1 through September 30 each year to protect spawning shellfish and/or spawning finftsh. 6. Bulkheaded Portion of Entrance Channel The dredging of the bulkheaded portion of the entrance channel shall be conducted to leave a Sufficient width of undredgcd bottom at the toe of the bulkheads to prevent undermining of the structures. 7. No Side-casting or Temporary Storage Excavated sediment shall be placed directly into the approved disposal/dewatering site or conveyance vehicle. No side-casting(double dipping)or temporary storage of dredged material is authorized. 8. Grade Channel Side Slopes All side slopes of the dredge channel will have a maximum of 1:3 slope. 9. Dredgings to Remain On-Site/Within Wetland Dredge material approved to retrain on-site and/or within the NYSDEC 'Tidal 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 Wetland jurisdiction requires the additional guidance of the Division of Solid and Hazardous Materials (631)444-0375 and is not covered by this permit. lo. inspect Diked Disposal Area Before dredging begins,the permittee and contractor shall inspect the diked disposal area to confirm that it is structurally sound and ready, with sufficient area to contain the dredged material. Any necessary repair to the diked area must be completed before dredging begins. 11. Return Water Turbidity The dredge material overflow weir and return water discharge must be configured so that water with the lowest possible turbidity is returned to the waterway. The discharge outfall shall be monitored by the permittee or his agent and, if a visible plume becomes evident, the discharge shall cease immediately Limit the problem is corrected. 12. Return Water Discharge Return water discharge from the disposal site outfall shall not scour the shoreline or disturb tidal wetland vegetation. 13. Dredging Once Per Year Dredging shall be undertaken no more than once in any calendar year unless specifically authorized by the department. 14. Dredged Depth Survey Within 30 days of completion of the dredging operation, an as-dredged depth survey of the dredged arca shall be submitted to Regional t labitat -TW 1\YSDE.0 REGION I HEADQUARTERS SUNY Cit; STONY BROOK 50 CIRCLE RD STONY BROOK, NY 11790 -3409 Attn: Compliance Page 3 of 7 AM NEW YORK STATE DEPAR'T'MENT OF ENVIRONNILN'1'Al,CONSERVATION C� Facility DEC ID 1-4738-02751 15. Notice of Maintenance Dredging For maintenance dredging projects, the permittee shall submit a Notice of Commencement prior to each dredging occurrence, specifying the disposal site(including an updated site plan). upon completion, a Notice of Completion shall be submitted to the address indicated on that notice form, including the amount of material dredged and deposited at the approved disposal sl te. 16. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall he stabilized with appropriate vegetation(grasses, cte.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor gennination. 17. Contain Exposed, Stockpiled Soils All disturbed tunas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales/silt curtains (or other NYSDEC approved devices) placed on the seaward side between the till and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 18. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 19. No Construction Debris in Welland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed front the adjacent area(upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 20. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 21. State Not Liable for Damage 'ncc Stale 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. 22. 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 stricture 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 endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its forma condition the navigable and flood capacity of the watercourse. No claim shall he made against the State of New York on account of any such removal or alteration. Page 4 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL.CONSERVATION low Facility DEC II) 14738-0275 1 23. 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 Fnvironmenlal Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its tinnier condition. No claim shall be made against the Slate of New York on account of any such removal or alteration. 24. 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. IWATER QUALITY CERTIFICATION SPECIFIC CONDiTIONS 1. Water Quality Certification The NYS Department of F,nvironmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Chian Water Act of 1977 (1'L 95-217) provided that all of the conditions listed herein are met. GENERAL CONDITIONS - Apply to ALL Authorized Permits: L 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 SAMA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of die 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. Page 5 of 7 NEW YORK STATE DEPAR 7:XIENI OP ENYIRONMENTAI.CONSF III-ATION 'ROW Facility DEC [D 1-4738-02751 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Dcpartment 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 Penmil Administrator NYSDEC REGION I HEADQUARTERS SUNY (zb STONY BIZOOK150 CIRCLE RD STONY BROOK, NY] 1790 -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, Excavation & Fill in Navigable Waters, Water Quality Certification. S. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. '17re 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 perniit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material iniinmation 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 regrtlations of the Department related to the permitted activity. 0. 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, Page 6 of 7 Adh -NEW YORK s'l'A'rE DEPARTMENT OF ENVIRONM ENTAl.CONSEKVA'I ION Facility DEC II) 1-4738-02751 VOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indcnmily and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittees 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 l;: Permittees 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 file permittee is responsible for obtaining any other permits, approvals, lands, casements and rights-o1= 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 permittee 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 7 of 7 NOTICE OF COMMENCEMENT OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 Bureau of Habitat-TW 50 Circle Road — L( Stony Brook. NY 1 790-33 09 PERMIT NUMBER:/' `'1 � f S��U��Ok� _ EXPIRATION DATE: PERMI TI"EF NAME &PROJECT ADDRESS: CONTRACTOR NAME&ADDRESS'. TELEPHONE: Dear Sir Pursuant to the special conditions of the reforenced permit. you are hereby notified that the authorized activity shall commence on - We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions.The permit, permit sign, and approved plans will be available at the site for inspection in accordance with General Condition No. 1. (Both signatures required) PERMITEE ,__ _ DATE CONTRACTOR: DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND!OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITF FOR THF DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE ANVIOR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cul along this line NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO.COMPLIANCE Or Fax to: 631-4440297 _ Bureau of Habitat- TW 50 Circle Road Stony Brook, NY 11790-3409 = PERMIT NUMBER, — /a.�7A-0--) I CrCf CiC��_ EXPIRATION DATE. PFRPoIITTEE NAME& PROJECT ADDRESS: CON TRACTOR NAME &ADDRESS'. IE( EPHONE. Pursuant to special conditions of the referenced pernut. you are hereby notified that the authorized activity was completed on e have fully complied with the terms and conditions of the permit and approved plans.(Both signatures required) PERMI I F 17 DATE CONTRACTOR: _ _ DATE T1 IIS NOTICE, WITH PHO TOGRAPHS OF THF COMPLETED WORK AND/OR A COMPL ETED SURVEY,AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. New York State Department of Environmental Conservation s� NOTICE v The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Z�4 Regional Permit Administrator Permit Number ROGER EVAN j Expiration Date NOTE: This notice is NOT a permit HYDROGRAPHIC MAP N WEST LAKE CHANNEL Surveyed: 06-26-12 wE Amended: 07-01-12, 08-30-12 Town: Southold S Suffolk County, NY Datum: A L W 1" = 39 m ry ry ~ Q 0) 4� ry ` pp , Q �•ry �1n-�'- ` , T �VQnj'. r i edge of marsh 4 Y - - - -- -- _ LW 0 r Ao Q 10 Flow � C(1 �' ( + ry ry R ' ry r; r 9 W �Q+ ��n � Buikhe _- - - - ---- - h ad edge of ma.. rsh #r.. , ri T Qr Q 40" r , Q rt� ry 95.9 cy p'b ry M Q 0 +0 Q 125.5 cy I , 11.1 cy r , K cy r , ' J a P`� 33.2 cy Tm Bulkhead Q 'o HW T ; 3G.4 cy ' LW H 44.1 cy ,4v ry � , _ predye to _ _ G -3 ALIN 44A cy r i F slopes � 42.0 cy m m min. 10' Tm from E ' CSN bulkheads c 32.1 y / C E3Y 1 2q.2 cy - - - _ C 28.4 cy _ - a t /-y73N�.. 12A cy Box # 366 Aquebogue NY 11931 _ ROBERT H. FOX "t Approx. 640 c NYS PLS# 50197 to be removed AI L U 'n r, Q1 TO To t9Nl rr rvs •' I r= or file <I .. PR JH r tk.mn116N / �_ 'r nfi EA 1 % I yL x1:1•,al / I 1,1'1 N S `-', 1 (L4l ' �T T,I FT,u17 ON avi. CDP Ci C' T, 51..tea` !til IFmn sjP: - IM90s:_J - 1 H ,._�Prl 1 Y ifs I nfi M �,1_r -7 S hITAk: [ Mr 1 1 (W"4 l ti CYC 1 1 �rrrlll LN Nl '••'�11 ? �� • '� H THE E%ISIZNCE OF PIGHTS Of 'NA" AND/OR EASCMENTS OF RECORD. .1 ANY, NO7 S-IOWN ARE NOT LUARANILLU. 1 'k� ,'P LYE „ ",,. Nathan Taft Corwin Ill 'H A9.. u PP :EU h n f I 'L:: :f @v Ill' 'dL'r\' "Phl: U\'rl: Land Surveyor ju:ce55or lot S1NrICC ISilASe'i. . .. PHONE (631)727-2090 fii Fli:;S _G(;ATES AI i!s: :Po;. 1,�i . 1X86 Mnin Road N.i. hn_..04F_ ,.o nesno,• W. ";tk ' .9::7 ..,,•,,.v 'r t. ')',:A :;,t- v✓ s T L_ A 4< E w ,� I I a S� ; 1rLC P oNki POW yeltft 9S' N V/rcefJ1T rylfff i Ido as rb0 ' Nva E�-Fi�ceccr l S � / j ot• 'Sp+ tor<6 . 7Z°Zy'7-0" evj 9 0 0 We E}'Sig D_. N Al OZ ��,tt6� S et, *LLrS 13� i b� Q ° Q D'�N6TifS f @QK 6'S�°wG 2z x I W.Z SEcr A-A yi ek,sr � � � iva SULE $4K + h A RI( New �Y�tiA9N. 6'12AaN 6 sf lllk Bucn Eur ixroa gI L/ r-rLE PLAN SE�r o-a " = SFU ' - ,cJo scaLE nar�.'v2Eo6f ASA r-LAp BfH/r!a BL.�D /✓OYES ' Ho /7EraRr/ r° odnrcR..py O f�✓RPvSE:E��sioti/Co i1FoL9 119N6aTior�/ /V 6-W NAVY 4UL VV.,t-AL) dgrum M/-Vv UNEW 64/ro. W irt!/N /B'�aF �x�rrxG -�'` HERQEPr /UjAkrEZLE G'f�,vr-,r-c/j ,j3dLKNE11a :•,; - •' :. V✓c`ST LRiCE �/QO'Ad. _ QCE06/NG of /2>y�s o,y ��aR EACN� S�t"L,1yyls W �J . EhSTS//)E,1�CAGEpEH/NU L3vcKHcAD SUrNOLD f �90✓AGENT oµ/NFp,S �/NCLVOcS SUMF �RF�G/NGJ � West: aPG I CA Ti On/ .By MR M. Casal.La - POE A7TeR co.%)sr, EAsr: INLcr guF FO( James F.king.President F p� C� P O. Box 1179 Bob Ghosio,Jr.,Vice-President q=p d� Southold.NY 11971 Dave Bergen Telephone(631 765-1892 John Bredemeyer T Fax(631)765-6641 Michael J. Domino y�o1 * Baa. Southold Town Board of Trustees Field Inspection[ Worksession Report Date/Time: %o -K- P-- Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION, INC. requests a Wetland Permit to hydraulically maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of -3' mean low water; pump the resultant approximately 640 cubic yards of material to the bermed upland site. Located: West Lake Channel, Southold. SCTM# 90-1-11 Type of area to be impacted: _Saltwater 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 _E _Administrativemergency —Pre-Submission Violation Info needed: adz w eco Modifications: Conditions: Present Were: King B. Ghosio 'D. Bergen, J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by p �/ Mailed/Faxed to: YwrC� Date: New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631)444-0365 Fax: (631) 444-0360 Website: www.dec.ny.aov Joe Martens Commissioner September 6, 2012 West Lake Association C/O Mr. Peter Gunn 2145 Little Peconic Bay Lane - -- Southold NY 11971 II ' LL Vs�r .. ... ... Re: NYSDEC Permit# 1-4738-02751/00004 �. SEP Z 5 2012 West Lake Association Dredging East end of West Lake Drive " _' "- Southold Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we are enclosing your permit. Please carefully read all 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, and a Notice of Commencement / Completion of Construction. Sincerely, Matthew R. Penski Environmental Analyst 1 cc: Patricia C. Moore, Esq. BOH-TW File Aft NEW YORK STATE DEPARTM _ T OF ENVIRONMENTAL CONSERVATI i low Facility DEC ID 1-4738-02751 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: WEST LAKE ASSOCIATION WEST LAKE & CANAL C/O PETER GUNN EAST END OF WEST LAKE DR 2145 LITTLE PECONIC BAY LN SOUTHOLD, NY SOUTHOLD, NY 11971 Facility Application Contact: PATRICIA C MOORE 51020 MAIN RD SOUTHOLD, NY 11971 (631) 765-4330 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 718.4 NYTM-N: 4545.1 Latitude: 41°01'40.3" Longitude: 72°24'07.8" Project Location: West Lake, east end of West Lake Drive, Southold Authorized Activity: Hydraulically maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3'mean low water. Pump the resultant approximate 640 cubic yards of material to the diked (termed) upland portion of the property at 250 Midway Road (SCTM 1000-90- 1-9) for dewatering prior to the removal of the material to an approved upland location. All work shall be performed in accordance with the plans prepared by Robert H. Fox last revised on 8/30/12 (sheet 1 of 2) and Nathan Taft Corwin III last revised on 5/25/12 (sheet 2 of 2), both stamped "NYSDEC APPROVED" on 9/6/12. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-02751/00004 New Permit Effective Date: 9/6/2012 Expiration Date: 9/5/2022 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-02751/00005 New Permit Effective Date: 9/6/2012 Expiration Date: 9/5/2022 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-02751/00006 New Permit Effective Date: 9/6/2012 Expiration Date: 9/5/2022 Page 1 of 7 NEW YORK STATE DEPARTMPL'OF ENVIRONMENTAL CONSERVAT R' Facility DEC ID 1-4738-02751 I— NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: JOHN A WIELAND, Deputy Regional Permit Administrator Address: NYSDEC REGION ( HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY 11790 -3409. Authorized Signature: _ Date4/,�:,( / C Distribution List PATRICIA C MOORE Habitat - TW Environmental Permits Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; EXCAVATION & FILL IN NAVIGABLE WATERS; WATER QUALITY CERTIFICATION I. 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 Robert H. Fox last revised on 8/30/12 (sheet 1 of 2) and Nathan 'Taft Corwin III last revised on 5/25/12 (sheet 2 of 2),both stamped "NYSDEC APPROVED" on 9/6/12. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the pennittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terns and conditions of this permit. Within 30 days of completion of project, the bottom portion of the fonn must also be signed and returned, along with photographs of the completed work. Page 2 of 7 NEW YORK STATE DEPARTAT OF ENVIRONMENTAL CONSERVATO '"W Facility DEC ID 1-4738-02751 3. 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. 4. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined to the uplands areas landward of the existing bulkhead, on a barge, and greater than 50 feet landward of the tidal wetland boundary at 250 Midway Road (SCTM 1000-90-1-9). 5. Dredging Prohibition Period Dredging is specifically prohibited from June 1 through September 30 each year to protect spawning shellfish and/or spawning finfish. 6. Bulkheaded Portion of Entrance Channel The dredging of the bulkheaded portion of the entrance channel shall be conducted to leave a sufficient width of undredged bottom at the toe of the bulkheads to prevent undermining of the structures. 7. No Side-casting or Temporary Storage Excavated sediment shall be placed directly into the approved disposal/dewatering site or conveyance vehicle. No side-casting(double dipping) or temporary storage of dredged material is authorized. 8. Grade Channel Side Slopes All side slopes of the dredge channel will have a maximum of 1:3 slope. 9. Dredgings to Remain On-Site/Within Wetland Dredge material approved to remain on-site and/or within the NYSDEC Tidal 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 Wetland jurisdiction requires the additional guidance of the Division of Solid and Hazardous Materials (631) 444-0375 and is not covered by this permit. 10. Inspect Diked Disposal Area Before dredging begins, the permittee and contractor shall inspect the diked disposal area to confirm that it is structurally sound and ready, with sufficient area to contain the dredged material. Any necessary repair to the diked area must be completed before dredging begins. it. Return Water Turbidity The dredge material overflow weir and return water discharge must be configured so that water with the lowest possible turbidity is returned to the waterway. The discharge outfall shall be monitored by the permittee or his agent and, if a visible plume becomes evident, the discharge shall cease immediately until the problem is corrected. 12. Return Water Discharge Return water discharge from the disposal site outfall shall not scour the shoreline or disturb tidal wetland vegetation. 13. dredging Once Per Year Dredging shall be undertaken no more than once in any calendar year unless specifically authorized by the department. 14. Dredged Depth Survey Within 30 days of completion of the dredging operation, an as-dredged depth survey of the dredged area shall be submitted to Regional Habitat - TW NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY 11790 -3409 Attn: Compliance Page 3 of 7 Am dhWe NEW YORK STATE DEPARAT OF ENVIRONMENTAL CONSERVAT91 NEW Facility DEC ID 1-4738-02751 15. Notice of Maintenance Dredging For maintenance dredging projects, the pennittee shall submit a Notice of Commencement prior to each dredging occurrence, specifying the disposal site (including an updated site plan). Upon completion, a Notice of Completion shall be submitted to the address indicated on that notice form, including the amount of material dredged and deposited at the approved disposal site. 16. 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 more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 17. Contain Exposed, Stockpiled Soils All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales / silt curtains (or other NYSDEC approved devices) placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 18. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 19. 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. 20. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 21. 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. 22. 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 endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. Page 4 of 7 Aft dumme NEW YORK STATE DEPARAT OF ENVIRONMENTAL CONSERVA Imur Facility DEC ID 1-4738-02751 23. 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. 24. 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. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 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. Page 5 of 7 AM NEW YORK STATE DEPAR'CYILm'T OF ENVIRONMENTAL CONSERVA Facility DEC ID 1-4735-02751 3. Applications For Permit Renewals, Modifications or "Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION I HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY 11790 -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, Excavation & Fill in Navigable Waters, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 6 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATO Facility DEC ID 1-4738-02751 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee 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 7 of 7 9520.1 (818-n-9d New York State . Department of Environmental Conservation Iowa ... . NOTIC ,E low The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. r' Regional Permit Administrator f' Permit Number ROGER EVAN Expiration Date g NOTE: This notice is NOT a permit NICE OF COMMENCEMENT OF CONSTR*N _ RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 Bureau of Habitat-TW 50 Circle Road — Stony Brook, NY 11790-34099 PERMIT NUMBER: �� ® �Ir`��'l17"^ _EXPIRATION DATE: PERMITTEE NAME& PROJECT ADDRESS: CONTRACTOR NAME&ADDRESS: TELEPHONE: Dear Sir: Pursuant to the special conditions of the referenced permit, you are hereby notified that the authorized activity shall commence on . We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions. The permit, permit sign, and approved plans will be available at the site for inspection in accordance with General Condition No. 1. (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND/OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 _ Bureau of Habitat-TW 50 Circle Road Stony Brook, NY 11790-3409 Now NUMBER !, Jr J E' �'3 ��IL�,G�(°L� EXPIRATION DATE: PERMITTEE NAME& PROJECT ADDRESS: CONTRACTOR NAME &ADDRESS: —_-- ------ TELEPHONE: Pursuant to special conditions of the referenced permit, you are hereby notified that the authorized activity was completed on We have fully complied with the terms and conditions of the permit and approved plans.(Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. ( � E0 �7C � )R SEP 2 6 2012 IE Southold Town Beard -if Trustees r 4 .4 J , WESTLAKE ASSOC. { SCTM: 1000-90-1-11 int •- � •� pfd �. � .- _ 1�'` A _ rX_t 1 i et � W ESTLAKE ASSOC. SCTM: 1000-90-1-11 ' ..rte .4't.'L"\L krT7� • \ J i 1 A f�Cv r - } ' I f� S. 'a FF ' WESTLAKE ASSOC. SCTM: 1000-90-1-11 / 4 �R 1Fx . it rT it s 4. WF-STLAKE ASSOC. SCTM: 1000-90-1-11 { WESTLAKE ASSOC. SCTM: 1000-90-1-11 ' 59wkors ; 17 a f 5. y 1000-90-1-11e I i . r t ilk ' "�� F. v >T F . 1"•�_ S WESTLAKE ASSOC. SCTM: 1000-90-1-11 ' L MEMO LETTER PATRICIA C. MOORE, ATONEY AT LAW 51020 Main Road Southold,NY 11971 (631)765-4330 small:pcmooret®optonline.net DATE ✓ 60 — ' ^ —C il TO ✓ SUBJECT ll� ESTS C � oUr Z b 2012 - I - I I I I SIGNED Please reply No replynecessary . .d, nn u `5 1 e J y oFa4t '""oma\..� 03 Nmaxis uwnnw ro �Ni W �n ,a y ,e xesr Qd4 e 21 HOG f b e _ k 1 d iM m. i SOT wlY L r...� ...�... .. ...� __--_ �r — o��—^— COUNTY OF SUFFOLK © e. ReN WopxdY TV SdvMa 90r M RX Date/Time OS/20013 10:32 6317272646 • P.001 05/20/2013 10'.33 FAX 6317272646 1A001/001 ANGELSHORES HOME OWNERS ASSOCIATION C/O MARK SAPORITA, PRES. 1405 WATER TERRACE SOUTHOLD NY 11971 May 17, 2113 � ECEIVE ' M AY 2 0 2013 Attn: Jame s King, President Board of T rustces Town of S )uthold Board of tho Trustees own Main Roar Southoldr Y 11971 RE: ANGEL SHORES AND WEST LAKE Dear Mr. 1 :ing: W i h reference to the above, please let this serve as our request to have the dredge spoils from West Lake placed at the toe of the eroded escarpments per plan attached by Sea Level Mapping. Th mk you. Mark Saporita,Pres. Angel Shores HOA RX Datelidne 05013 17:29 • P.001 05/19/2010 17:27 FAX 11001 Angel Shores HOA E EIV E C/O Mark Saporita D 1405 Water Terrace D' Southold NY 11971 MAY 2 0 2013 April 23,2013 ou a d awn BWrdUfTm Pm Patricia C. Moore 51020 Main Road Southold NY 11971 Dear Ms. Moore; 1,Mark Saporita,as President of Angel Shores HOA,owners of property located on 1760 Explande,Southold,New York(sctm: 1000-88-6-13.60) hereby authorize you to act as our agent regarding any and all applications with the Town of Southold Board of Trustees,the NYS DEC,and any other agencies. Very truly yours, Angel Shores By Mark Saporita, Pres. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 www.mooreattys.com May 16, 2013 Board of Trustees ae ®, Town of Southold G Q E �I E Main Road D Southold NY 11971 MAY 1 6 2013 RE: AMENDMENT TO PERMIT outhod own WESTLAKE ASSOCIATION Tr Dear President King and Board members: With reference to the above and pursuant to last nights hearing, enclosed please find a copy of Angel Shores DEC application together with plan which outlines their request to the have West Lake's sand placed at the toe of the eroded escarpments and regarding of eroded dunes. Please note highlighted area on Sea Level Mapping's plan. I was retained to assist Angel Shores in obtaining the DEC permit. Thank you for your assistance in this matter. Very truly yours, Patricia C. Moore PCM/bp encls. C: Westlake Association Angel Shores PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 www.mooreattys.com May 2, 2013 Board of Trustees TowMann of Ro Southold Main D E QEI V E D Southold NY 11971 - Y MAY Y - 2 2013 RE: AMENDMENT TO PERMIT WESTLAKE ASSOCIATION Southold Town I Board of Trustees Dear President King and Board members: Supplementing our April 29th letter to you, please be advised that we have received a permit modification from the NYS DEC to amend their permit as more fully outlined in the enclosed copy. There are a limited number of contractors who can do this work and they are extremely busy at this time of year. The dredging must be completed within the dredging window. Due to the fact the inlet was affected by Hurricane Sandy, we are requesting that the modification to our existing permit be treated as an emergency permit following those procedures which would allow us to begin the work immediately. Your continued cooperation in this matter is greatly appreciated. Very truly ours, Patricia C. Moore C: Westlake Association New York State Department of Environmental Conservation Division of Environmental Permits, Region One Am SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631)444-0365 Fax: (631)444-0360 Website;www.dec.nv.00v D s ' a _ l TIDAL.WETLANDS PERMIT MODIFICA MAY AY �I - 2 2013 May 1, 2013 outhold Town West Lake Association Re: NYSDEC # 1.4738.02 5111111111nAlloard of Trustees C/O Mr. Peter Gunn West Lake Association Dredging 2145 Little Peconic Bay Lane East End of West Lake Drive Southold NY 11971 Southold Permit Expiration: 9/5/2022 ARNO-DEP Dear Permittee: Your recent request to modify the above permit has been reviewed pursuant to 6 NYCRR Part 621 (Uniform Procedures Regulations). It has been determined that the proposed modifications will not substantially change the scope of the pentruttexl actions or the existing permit conditions. Therefore,the permit is modified to authorize: Use of a clamshell or other closed bucket equipment to perform the dredging in lieu of the previously approved hydraulic method. The material will be placed on the upland portion of 250 Midway Road prior to being removed to an approved upland location. Natural Resource Pennit Condition number 25 is added to the permit as follows: 25. Restrict Spillage, Used Closed Bucket During the dredging operation, the permittee and his contractor shall prevent spillage of sediment during excavation and haulage. Dredging shall be accomplishod with a clam shell or other closed bucket equipment. This letter is a modification 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 ' he original permit. r Sincerely, �� An A. W'e �Deputy it_Adruiuistmtot—__-. cc: Patricia C. Moorc,Esq. Bots - TW Pile PATRICIA C. MOORE RW Attorney at Law 5 Main Road ` Southold, New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 www.mooreattys.com May 8, 2013 hand delivered Attn: Matthew Penski D NYS DEC, Division of Environmental Permits, Region One SUNY-Stony Brook MAY i 6 2013 50 Circle Road Stony Brook NY 11790-2356 By email and hard copy I RE: ANGEL SHORES Dear Mr. Penski: With reference to the above, enclosed please find an application for beach restoration dye to super storm sandy. I am also enclosing a copy of the emergency permit which was obtained for placement of sand and/or material equivalent to existing material at the toe of eroded escarpments and re-grading of eroded dunes. However, we want to ensure that we are abiding by all of the DEC rules and regulations. Please review the attached and if you feel that a full permit is necessary, we respectfully request that the review be expedited. We are ready to begin immediately and we are running into the end of the dredging window. Please do not hesitate to contact us should you have any questions or require additional information. Very truly yours, Patricia C. Moore 0 JOINT APPLICATION FORM _ For Permits/Determinations to undertake activities affecting streams, waterways, '�' ' waterbodles, wetlands, coastal areas and sources of water withdrawal. New York You must separately apply for and obtain separate Permits/Determinations from US Army Corps of State each Involved agency prior to proceeding with work. Please read all instructions. Engineers(USACE) APPLICATIONS TO 1. NYS Department of Environmental Conservation 2. US Army Corps of Engineers 3. NYS Office of 4. NYS Depart- Check all permits that apply: Check all permits that apply: General Services ment of State ❑ Stream Disturbance ❑Coastal Erosion ❑ Section 404 Clean Water Act Check all permits that Check If this ❑ Excavation and Fill In Managementapply: applies: ❑ Section 10 Rivers and Harbors ❑ Navigable Waters E]Wild, Owned Lands Wlld, Scenic and qct ❑Coastal ❑ Recreational Rivers Docks,Moorings or ❑ Nationwide Permit(s)- Identify Under Water Consistency ❑ Platforms ❑Water Withdrawal Number(s): Utility Concurrence ❑ Dams and Impoundment ❑ Long Island Well Easement Structures (pipelines, ❑Aquatic Vegetation Control conduits, ❑401 Water Quality ❑Aquatic Insect Control cables, etc.) Certification ons Prectruction Notification - ❑Docks, ❑ Freshwater wetlands ❑ Fish Control ❑ Y / ❑ N Moorings or ❑Tidal Wetlands ❑ Incidental Take of Endan- Platforms gered/Threatened Species ❑rI am sending this application ❑ I am sending this ❑ I am sending I am sending this application to this agency. application to this this application to this agency. agency. to this agency. S. Name of Applicant(use full name) Appll ant must be: 6. Name of Facility or Property Owner(if different than ;Mner Applicant) c ❑ Operator Mailing Address ❑ Lessee Mailing Address 0_�o _�`Woe 11'-� (check all that apply) ©J Z Post Office City I Taxpayer ID(If applicant Post Office City is NOT an individual): State J Y lC� Zip Coe State Zip Code Telephone(daytime) Email Telephone(daytime) Email 7. Contact/Agent Name B. Project/ Facility Name Property Tax M7and /Lot Number Company Name Project atlon- Provide directions and distances to roads, of waters: Mailing Address Street Address, If applicable Post Office City State Zip Code �aI/A1"1� F �- 5 & NYN1f97/ Post Office City Town/Village/City C ty °t1C-tom . State Zip Code Name of USGS Quadrangle Map Stream/Water Body Name 33� Telephone(daytime) Location Coordinates: Enter NYTMs In Kilometers,OR Latitude/Longitude Email NYTM-E NYTM-N Latitude Longitude For Aeencv Use Only DEC Application Number: USACE Number: JOINT APPLICATION FORM 02/13 This Is a 2 Page Application Application Form Page 1 of 2 Both Pages Must be Completed JOINT APPLICATION FORM - PAGE 2 OF41 Submit this completed page as part of your Application. 9. Project Description and Purpose: Provide a complete narrative description of the proposed work and Its purpose. Attach additional page(s) if necessary. Include: description of current site conditions and how the site will be modified by the proposed project; structures and fill materials to be Installed; type and quantity of materials to be used (i.e., square R of coverage and cubic yds of fill material and/or structures below ordinary/mean high water) area of excavation or dredging, volumes of material to be removed and location of dredged material disposal or use; work methods and type of equipment to be used; pollution control methods and mitigation activities proposed to compensate for resource Impacts; and where applicable,the phasing of activities. ATTACH PLANS ON SEPARATE PAGES. placement of sand and/or material equivalent to existing material at the toe of eroded escarpments and re-grading of eroded dunes in accordance with Plan of Sea Level Mapping (last dated 3/30/13), fill area with 600 + cy, keeping fill at a minimum 15 feet of high water mark, plat beach grass 18 feet on center; 1200 feet to dredging at West Lake Entrance. Proposed Use: yp Private 11 Public ❑Commercial Proposed Estimated ` Start Date: Completion Date: Has Work Begun on Project? ❑Yes No If Yes, explain. Will Project Occupy Federal, State or Municipal Land? ❑ Yes rXo If Yes, please specify. 10. List Previous Permit/Application Numbers(if any)and Dates: 11. Will this project require additional Federal, State,or Local Permits Including zoning changes? ❑Yes A o If yes, please list: 12. Signatures. If applicant Is not the owner, both must sign the application. I hereby affirm that Information provided on this form and all attachments submitted herewith Is true to the best of my knowledge and belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the applicant accepts full responsibility for all damage, direct or Indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and agrees to Indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from said project. In addition, Federal Law, 18 U.S.C.,Section 1001 provides for a fine of not more than $10,000 or Imprisonment for not more than 5 years, or both where an applicant knowingly and willingly falsifies, conceals,or covers up a material fact; or knowingly makes or uses a false,fictitious or fraudulent statement. A2X C.,FaPC LTA &A. 1r�oA S-Ft- Signature of Applicant Printed Name Title Date g ature of Owner Printed Name Title Date Signature of Agent I. Printed Name ` Title Da e For Anenev Use Only DETERIMINATION OF NO PERMIT REQUIRED Agency Project Number has determined that No Permit Is required from this Agency for the project described In (Agency Name) this application. Agency Representative: Name(printed) Title Signature Date ]DINT APPLICATION FORM 02/13 Application Form Page 2 of 2 PLAN VIEW ! " Applicant: Angel Shores Assoc. W*E Proposed: Dredged Fill Placement S Purpose: Erosion Control Surveyed: 03-30-13 4.2 __-_ _ SCT# 1000-88-6-13.60 Town: Southold Suffolk County, NY Datum: MSL-N"D'88 /"kkk 11 4,6 "� ,ri - 6-136Ork ArOresebadly eroded 43''"'`? isscarp fine\3634.7 .7�3,7 3:8qr� . 3y3blkd '72,6 (600+/--� 2.gffN! -23 Min o.o o'9 o s tlq�d Llne a� 2 q 576.0 r doo'to %7 "Oa _ 6 _.- 0.6 w -�- ro 64; -3.8 _3S '3S _2.7 -4.3 -4./ _3.4 -2g '44 _4.0 -57 '4.5 S -16 '4.6 -3.8 '3.8 4S 4.3 P e o n I G 4.3 Bay plant beach Proposed grass 18' 04 FlII Area 600+/-Cy keep fill min. 15' ---- ��„� from HW HN 1-15L - NAV088 _ -- LW Typical Fill Section ---nEQ IVE1^ = �6 2013 ROBERT H. FOX d Town j NYS PLS#50197 PO Box#366 Aquebogue NY11931 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 www.mooreattys.com April 25, 2013 Board f Trustees EEC V E Town of Southold Y D Main Road D Southold NY 11971 2013 RE: AMENDMENT TO PERMIT WESTLAKE ASSOCIATION n s Dear President King and Board members: With reference to the above, the inlet was affected by Sandy storm and the size of material in the inlet exceeds the scope of available hydraulic dredge equipment. Therefore, we respectfully request to amend the above permit as follows: 1. In leu of hydraulic dredge, the method of dredging will be by mechanical equipment (such as, but not limited to, excavator and front loader) from adjacent upland or barge. 2. Dredge material shall be deposited on above permit approved upland site, or on a barge for transport to a DEC and Trustee approved location. All other permit conditions of the permit shall apply. Please do not hesitate to contact us should you have any questions or require additional information. Very truly yours, Patricia C. Moore C: Westlake Association PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 www.mooreattys.com April 25, 2013 Board of Trustees Town of Southold Main Road Southold NY 11971 RE:WESTLAKE ASSOCIATION Dear President King and Board members: With reference to the above, enclosed please find my clients check in the amount of $5,750.00 for the dredging/inspection fees. Please do not hesitate to contact us should you have any questions or require additional information. Very truly yours, Patricia C. Moore C: Westlake Association OFFICE LOCATION: ��OF SO(/TyO MAILING ADDRESS: Town Hall Annex ,�O l� P.O. Box 1179 54375 State Route 25 i. Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) T Southold, NY 11971 G Q Telephone: 631 765-1935 �0 Fax: 631765-3136 OOw LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President r Town of Southold Board of Trustees i OCT 1 2 2012 From: Mark Terry, Principal Planner ---- - LWRP Coordinator Date: October 12, 2012 Re: Proposed Wetland Permit for WEST LAKE ASSOCIATION, INC. SCTM#1000-90-1-11 Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION, INC. requests a Wetland Permit to hydraulically maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3' mean low water; pump the resultant approximately 640 cubic yards of material to the bermed upland site. Located: West Lake Channel, Southold. SCTM# 90-1-11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the Board considers the following: In the event that the action is approved the following BMP is required pursuant to: § 275-11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. Require the installation of a silt boom in areas where practicable. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Office Use Only Coastal Erosion Permit Application Wetland Permit Application Administrative Permit tRe _ fer/E tension Amendment/TranceivedApplication: 2eceived Fee:$ 5 ,f�ompleted Application 'L I; _Incomplete ` _SEQRA Classification: Type( Type H Unlisted ��oordination:(date sent) SEP 2 5 2012 WRP ConsistencyAsse �m_e�Form Z Z CAC Referral Sent:�LK 1!L _Date of Inspection: "7`- _Receipt of CAC Report: ----- - _Lead Agency Determination: VPublic e Review: Public Hearing Held: � Resolution: I L Name of�IApplicant Ve Lxt Address 61c, /at ySOS L-CX(tQ ctAPhoneNumber:( ) �'3 - (40S-3 Suffolk County Tax Map Number: 1000 - 2 I Property Location: WQ b r Lg)Ge. 1")cL,5th loa nhP J (provide LILCO Pole #, distance to cross streets, and location) AGENT: :B�h LQ-.f C C O (If applicable) (� I Address: S OZoy �S AA K�C'A' 7�—�C(CA Phone: (O —Y 330 I Board of Trustees Application • GENERAL DATA Land Area(in square feet): le' J0r OcD c� sfl Area Zoning: �- it O Previous use of property: Xtbi r ytea , f. J a r nCA nne Intended use of property: dredgo ,hlr4 a C1nnnnC Covenants and Restrictions: Yes ---X_No If"Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals Yes _) No If"Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept. Yes No Does the structure (s) on property have a valid Certificate of Occupancy N/A Yes No - t=xp;rrd Prior permits/approvals for site improvements: 1� Agency Date 1J r C No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? C No Yes If yes, provide explanation: Project Description (use attachments if necessary): HS4ciraLJL Itcc jlc M0.lnienaolee Clvrrl� P Py�{yrur�cc �hci�nel (rid Q 1 �6�ha-t a1 %e a toinl q West n 40 a de 0, " 3 ` /y&rrn lout WCtkrt Fu mn 4f,.e i Wig. Qtcty 0(1'P r""x . (�O et o cv io,'C- Y q.vd 5 04- Mac-"'t �o Fitie b�rynPd (amd FUYSU CAA-,* +z1 :!11 ,roJC r-r � fnrr `-"Q TM=1 I°oo-5°- t - fur Gt,•� 10 6zo-4ax ?lcvn S' -3o- Iz Na+fr�h 1ct�f Co+ww1� ksc5/ _-- rvv.scd ZS�Iz Bled of Trustees Application • WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations �'C fc Cs �`� ,; st i t Area of wetlands on lot: t'4\,(v�j square feet Percent coverage of lot:____L0'__0/. U Closest distance between nearest existing structure and upland edge of wetlands: C: feet Closest distance between nearest proposed structure and upland edge of wetlands: C; feet Does the project involve excavation or filling? No \ yes 1 If yes, how much material will be excavated? cubic yards Jn (ACS Sd< 'c' c,f NC�1cCtrwv� ifr �{cakcc t1��r[s'7� lG � cic�ec� How much material will be filled?_ cubic yards 5J25112— Depth J2s112.Depth of which material will be removed or deposited: feet Nycv `V Proposed slope throughout the area of operations: 1. Manner in which material will be removed or deposited: tJrzcacte_ z� �k �Ctv�n�l lvEs Nvci i 0,( 1, }' �_ t '�V` 'i'r({ kx "fyl hS 4rc _c'7"+ Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): Ct.ytc'v-A Cs -c L 1lYy4n�x� ��bf 4� ��C:k l;i CI Ctt"t Csfr:; C�,1`tC� �' ' i��51i �•�r' C'L L'?Ck5 i tl.i h� tz- s(r:aCc) c.-G�,ctrltse( PROJECT ID NUMBER • 617.20 • SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR 2.PROJECT NAME c.� Lia Fe_ e1CU1v�r�IdkY � IC'( 3 PROJECT LOCATION: Munici ali +' 1 P ty 4.PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or Drovide mao WP 5i-- Luk-e C.`vul"ne_t ._I- u �.)Ica r,-<A 5. IS PROPOSED ACTION: ® New Expansion Modification/alteration 6.DESCRIBE PROJECT BRIEFLY: �)ce'ciciIe, Vves}- Lc,,V.F, CVO.y-i 7e.1 C';"'vlcl de-- ii"'lc�kfc-yv 0" il11(0"I'V& PCSwcC-i (-P titotJ5 7.AMOUNT OF LAND AFFECTED: /� Initially 7 GO s Ultimately Kr! acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? Yes 1:1 No It no,describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ®Residential ElIndustrial 0Commercial ❑Agriculture Elpark/Forest/ ace Open Space P Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) WYes ❑NO If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ®Yes 7N If yes, list agency name and permit / approval: C Qc�� ev-k7, 9- 4p- 12- 12AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? ass ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor K%?�' ' / /J i' Date: 9/' // Signature �7 2 If the action is a Costal Area, and you are a state agency, Complete the Coastal Assessment Form before proceeding with this assessment PART II- IMPACT ASSESSMENT To be completed by Lead Agency) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. Yes a No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.67 If No,a negative declaration may be superseded by another involved agency. Yes ©No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as offidally adopted.or a-change in use or intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: ' C6. Long term,short term,cumulafive,or other effects not idenfified in Ci-057 Explain briefly: C7.-Other impacts(including changes in use of either quanfity or type of energy? Explain briefly: -- D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? Ir Yes,ex Iain briefly: Yes No E. IS THERE,OR IS THERE LIKELY TO BE.CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If s ain: ❑ Yes ❑✓ No PART IB-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important orothenvisesignfiicant Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)irreversbi ity;(e) geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain - - sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA Check this box tyou have Identified one or more potentially large orslgnlficanl adverse impacts which MAY Occur.Then proceed directly to the FULI EAF andfor prepare a positive declaration. Check this box If you have determined,based on the Information and analysis above and any supporting documentation,that thaRroposed acto WILL NOT result in any significant adverse ernironmental impacts AND provide, on attachments as necessary, the reasons supporting th determination. Board of Trustees Name of Lead Agency `) Date 4A�jr President jo,T arae of Responsible Officer' Lead Agency Tide of Responsible Officer 47 Signature of Responsible O cer Le gency Signature of Preparer(If different from responsible officer) eekTown of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY LOCATION: S.C.T.M.t: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A C/0 � l/ STORM-WATE&GRADING,DRAINAGE AND EROSION CONTROL PLAN 'S eRon oc —Gr— CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK SCOPE OF WORK - PROPOSED CONSTRUCTION ITEM# / WORK ASSESSMENT Yes No a. What is the Total Area of the Project Parcels? 1 Will this Project Retain All Storm-Water Run-Off (Include Total Area of all Parcels located within acv S r Generated by a Two(27 Inch Rainfall on Site? the Scope of Work for Proposed Construction) (s p/Aaee) (This Item Will Include all runoff created by site ❑ b. What Is the Total Area of Land Clearing clearing and/or construction activities as well as all arhdlor Ground Disturbance for the proposedIvo Site Improvements and the permanent creation of construction activity! Impervious surfaces.) (S.R/Aces) PROVmE BRIEF PRO 2 Does the Site Plan end/or Survey Show All Proposed ❑ JECC DESCRIPTION (Ronde AeMlMalppes as NaeAeq Drainage Structures Indicating Size&Location?This Item shall include all Proposed Grade Changes and (f,11 GA h rie'A Slopes Controlling Surface Water Flow. 3 Does the Site Plan and/or Survey describe the erosion ❑ and sediment control practices that will be used to 1' control site erosion and storm water discharges. This AAA l,lti lea rf�vlc� ( 1C{j— Item must be maintained throughout the Entire J Construction Period. Q Will this Project Require any Land Filling,Grading or Excavation where there is a charge to the Natural Existing Grade Involving more than 200 Cubic Yards of Material within any Parcel, rj Will this Application Require Land Disturbing Activities Encompassing an Area In Excess of Five Thousand ❑ (5,000 S.F.)Square Feet of Ground Surface? 6 Is there a Natural Water Course Running through the ❑ Site? Is this Project within the Trustees jurisdiction General DEC SWPPP Rewhernents: or within One Hundred(100')feet of a Welland or Submission of a SWPPP Is required for all Construction actiAles involving sell Beach? disturbances of one(1)or rcore Saes; Including disturbances of less than one acre that 7 Will there be Site preparation on Existing Grade Slopes are part of a larger common plan that will ultimately disturb we or more acres of land; which Exceed Fifteen(15)feet of Vertical Rise to Including Conviction activities Involving sol disturbances of less than one(1)acre when One Hundred(100')of Horizontal Distance? the DEC has determined that a SPDES permit Is required for sromn water discharges. (SWPPP's Shall meet the Minimum Requin mants of the SPDES General Perot 8 Will Driveways,Parking Ames or Other Impervious Elfor Storm Water Discharges from Construction activity-Permit No.GP-0.10-001.) Surfaces be Sloped to Direct StOmh-Water Run-Off 1.The SWPPP shall be prepared prior to the submittal of the NOI.The Not shall be into and/or in the direction of a Town right-of-way? submitted to the Department prior to the commencement of construction activity. 2.The SWPPP shall describe the erosion and sediment control practices and where 9 Will this Project Require the Placement of Material, required,post-construction storm water management practices that will be used and/or Removal of Vegetation and/or the Construction of any El to reduce the pollutants In storm water discharges and to assure Item Within the Town Rightof-Way or Road Shoulder compliance with the terms and emnditions of this permit.In addition,the SWPPP shall Identify potential sources of pollution which may reasonably be expected to effect the Ares?(thin Nem cone Nor Int an k Antind n and ewq Apron.) quality of storm water discharges. NOTE: N Any Answer to quastons Dan trough Nine Is Answered with a Cheek Mark 3.AN SWPPPs that require the postconstnrctbn storm water management practice In a Box and the construction site disturbance In between 3,000 S.F.a 1 Am In area, component shall be prepared by a qualified Design Professional Licensed In New York a Storm-Water,Grading,Drainage i Erosion Control Plan Is Required by the Town M that Is knowledgeable In the principles and practices of Storm Water Management Southold and Must be Submitted for Review Prior to Issuance of Any Sutiding Parma (NOTE: AChe Mwk(j)-n&WAnwerfcaedhouwmi.RoWa brocanpelegppr wa I STATE OF NEW YORK, CQUNIT OF...........................................SS L t L( p C �v��........being duly sworn,deposes and says that he/she is the applicant for Permit, 771st I................(Name of knaflvNuel sklnirg Document) And that he/she is the ,,2 0`3 1 ..................................... (Owner,Conbapbr,Ayenl,Corpcate OMaer,etc.) Owner and/or representative of the Owner or Owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed herewith. Sworn to before me this; . ....)....... .......... .day of .. — N.... , Y A.P Notary Public: ). . . ..... ... ... . '............................. D1alyFubliC,Sta .GS k................................................ (Signatureof Apdicamp FORM - 06k`1110___ Qualified in Suffolk Coss )- Commission Expires July 18, MO LETTER PATRICIA C. MOORE, ATTORNEY AT LAW 51020 Main Road Southold,NY 11971 (631)765-4330 email:pcmoorel®optonline.net DATE TO SUBJECT l C Q -- 0 V PCL-- 1 c— C,C OCT 16 SI ED Please reply No reply necessary BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF WESTLAKE ASSOC. MAILING Applicant's Land Identified as 1000-90-1-11 OCTCOUNTY OF SUFFOLK) STATE OF NEW YORK) I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, deposer and say that: G,I K On the 1�day of October, 2012, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. Betsy Perki (Signa re) Sworn to before me this day of October, 2012 (Notary Public) MARGARET C. RUTKOWSKI Notary Public.State of New York No. 4982528 Qualified in Suffolk county PLEASE list, 64f 9999&pMhsn7&&aLviTor on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. � r RECEIPT I RECEIP* RECEIPT ECEIPT RECEIPT 7192 6463 3110 0001 3157 7192 6463 3110 0I 7192 6463 3110 0001 3171 3 3110 0001 3188 192 6,163 3110 0001 3195 FROM: FROM: , FROM: FROM: >M: MOORE LAW OFFICE MOORE LAW OFFICE I MOORE LAWOII'F-ICE MOORS LLFF}W OF,% ADORE LAW OFFICE RE'.WESTLAKETRLISTEES I RE'.WESTLAKE TRUSTRES RE:w�sTtAX TRUSTEES RE'.WE LAKE TRUSTEES IE'.WESTLAKE TRUSTEES 11 SEND TO: I SEND TO: SEND TO: SEND TO: JD TO: MARK SAPORITA I BENALI LLC PADOGA MANAGEMENT LLC BONNIE QUINN :AMERON DOWE CHRISTOPHER BRODARICK 11499 BELLAGIO ROAD 2228 HE 26TH STREET 6 CIO MILL LANE 'IEGAN STRECKER 1405 WATER TERR. LOS ANGELES CA 90049 LIGHTHOUSE PT.FL 33054 HUNT NY 11743 - 75 CEDAR POINT DRIVE W SOUTHOLD NY 11971 OUTHOLD NV 11971 FEES: �'I FEES: FEES: FEES: oar Postage Postage 045 postage 295 Postage 0.45 ostage 045 Canted Fee 2.95 Certified Fee 295 Retorted Fee Candied Fee 2.95 efted Fee 2.95 Return Receipt 235 Return Receipt 2.35 Return Receipt 285 Return Receipt 2.35 aura Receipt 2.35 Restricted Restricted Restricted Restricted estrictetl TOTAL $5.75 TOTAL $5.75 TOTAL $5.75 TOTAL $5.75 'AL $5.75 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE )STMARK OR DATE I RECEIPT 7192646331.000013201 RECEIPT RECEIPT RECEIPT RECEIPT ]192 6463 3110 0001 3218 7192 6463 3110 0001 3225 1 7192 6463 3110 0001 3249 FROM: 71926463311000013232 MOORE LAW OFFICE FROM i FROM: FROM: i FROM: RE WESTLAKE TRUSTEES MOORE LAW OFFICE i MOORE LAW OFFICE MOORE LAW OFFICE MOORE LAW OFFICE RE WESTLAKE TRUSTEES RE:WESTLAKE TRUSTEES RE:WESTLAKE TRUSTEES RE'.WESTLAKE TRUSTEES _ 11 e1Y / . IJ7 SEND CDO SEND TO: SEND TO - SEND TO: � TJ McOONAH Rev.Lv.TR SEND TO: tt HM MCDOrJ9 REV.LV.TR. GERARD 8 CONSTANCE CASE HENRY KAMMER DAVID SCHAB ' ED.BRENNAN 80THERS SB.GLATTLV DRIVE 505 W CEDAR DRIVE 95 CHARLES STRi APT.5 ARIEL KAMINER 247 NEPT�INE DRIVE J DENVILLE".107814 SOUTHOLD NV 11971 .Ni NY 10014 256 W 10th ST.,APT.3D I t`GROTOfL CT 06340 FEED: NEW YORK NV 10014 ` C` Posta a FEES: - FEES: Fri oar FEES; FEES: Certifietl Fee 2.95 Postage - 0.45 Posla�s, 0.45 Postage 045 Postage OAS Return Receipt 2 35 Certifietl Fee Certifietl Fee Certrfied Fee 2.95 2.95 2.95 Return Fee 2.95 Retum Receipt 2.35 Restricted Return Receipt 2 35 I. Return Receipt 2.35 '. Return Receipt 2.35 " '- TOTAL $5.75 Restrictetl I RestrictedRestrictetl Restricted TOTAL POSTMARK OR DATE $5.75 TOTAL $5.75 TOTAL $5.75 i TOTAL $5.75 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE RECEIPT RECEIPT RECEIPT RECEIPT I RECEIPT 7192 6463 3110 0001 3256 ]192 6463 3110 0001 3263 7192 6463 3110 0001 3270 7192 6463 3110 0001 3287 1 71926463 31100007 3294 1 1 1 FROM:''", FROM: FROM: FROM: FROM: LA tFI MOORE LAW OFFICE MOORS LAW OFFICE I MOORE LAW OFFICE MOORE LAW OFFICE RE:WESTLAKE RE WESTLAKE TRUSTEES RE WESTLAKE TRUSTEES RE'.WESTLAKE TRUSTEES '11 RE.WESTLAKE TRUSTEES j SEND T0: 1 SEND TO: SEND TO; "� SEND TO SEND TO: ROGALSKI FAMILY REV.LVG TR. GUNN FAMILY 20091RR.TR !' THOMAS 8 PEGGV PROKOP ROBERT L.HOLLIS J0261lLEVITS 8 OTHERS KATHELEEN GI 32 GATHERING ROAD PO BOX 926 2146 LITTLFtiPECONIC BAY LA i 2245 LITTLE PECONIC BAY LA I 420 BURNS, PINE BROOK NJ 07058 SOUTHOLD NV 119]1 SOUTROL ]1971 SOUTHOLD NY 11971 FOREST NJ 11375 I i I FkES: _ FEES i FEES: I'� FEES: `.. FE psostege 046 Posta 'postage 045 9e 045 Certifies 045 Postage" 0.45 Ce0ifie0 FN 2.36 Certifietl Fee 2.95 Cetlrfietl Fee 2.95 Certified Fee 295 Cert etl Fee A.. 2.95 Return Reci,i 235 m RetLReceipt 2.35 Return Receipt 2.35 Return Receipt 235 Return Receipt 2.35 Restricted RestricTed Restricted Restricted Restricted TOTAL $5.75 . TOTAL $5.75 TOTAL $5.75 TOTAL $5.75 TOTAL 3 5.T5 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DA1@ !I f h ------------ -- RECEIPT ' 7192 6463 3110 0001 3300 RECEIPT RECEIPT 7192 6463 3110 W01 3317 7192 6463 3110 0001 3324 FROM: MOORE LAW OFFICE FROM: RE'.WESTLAKE TRUSTEES MOORE LAW OFFICE `ROM: MOORS LAW OFFICE I , RE WESTLAKE TRUSTEES RE.WESTLAKE TRUSTEES I 'I SEND TO: NNE SOWINSKI SEND TO: SEND TO: A{BA ARAH HERMAN HERBERT B MARELIA GREENFIE- - ,18 SNED��OR A 306 W 38TH STREET UNIV2,p1 BIM May, / It INOEN "RST 757 NEWYORK NYh 8. �,� 106 MULBERR:YS' ET APT.7 NEWYORK NY 1001'! y FEES: .645 FEES: Tr - Postage 2.95 FEE$". :�a�/i Certitietl Fee Postage 0.45 Postage 045 Return Receipt 2.35 Certifietl Fee 2.95 9 Certified Fee 2.95 Restricted Return Receipt 235 Restricted Return Receipt 2.35 TOTAL $5.75 ".Restricted , TOTAL $5.75 TOTAL POSTMARK OR DATE $5.75 POSTMARK OR DATE POSTMARK OR DATE i i I i I 1 L I I 4 1 I I i I II I I Ard of Trustees Application • County of Suffolk State of New York SES- 1LA`1 -- A" • pv1t� (_ruryyo BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH EW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS DAY OF ` ,20 /S IV/-O) Notary bl c BETSY A. PERKINS Notary Public, State of New York No. 01 PE6130636 Qualified in Suffolk Coun Commission Expires July 18, - ad of Trustees Application• AUTHORIZATION (where the applicant is not the owner) v-vCS�1,F1-lCC A S�cX- L�-P residing at -2145- L-Mv (print owner of property) (mailing address) �� - 1 Lck YL.c do hereby authorize (Agent) TC +} LLw C• M ocnn to apply for permit(s) from the Southo loard of Town Trustees on my behalf. (Owner's signature) 0 0 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The Purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. n YOU R NAME: �uIJ1.J, �L-�(L Rmi�!, a - , (WTe i C I /) (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",time the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%%of the shares. YES NO l` If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP n Submitted this � Vim/* 206 tom- " Signature Print Name "�Z CSU uN Form TS t t, C `-)3 Town of Southold 2 5 LWRP CONSISTENCY ASSESSMENT F A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for M proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and, if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION Trustees Permit: Hydraulically Maintenance dredge the entrance channel and portion of adjoining west lake to a depth of-3' colt (WEST LAKE ASSOCIATION INC) AGENT: Patricia C. Moore Esq., 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees X Zoning Board of Appeals 0- I Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Type: Town of Southold LWRP Consistency Assessment Form 1 Location of action: West Lake Inlet Site acreage: (n 640 cy Present land use: Existing inlet, channel and West Lake basin Present zoning classification: Residential-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant:West Lake Association, Inc. C/o Peter Gunn (b) Mailing address 2145 Little Peconic Bay Lane, Southold (c) Telephone number: (63� 734-4053 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ❑ If yes, which state or federal agency: Town of Southold LWRP Consistency Assessment Tom 2 DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III- Policies; Page 2 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Existing channel was dredged 5 years ago and needs maintenance dredging The mouth of the Inlet has been dredged in the past pursuant to DEC 10 year permit and Trustees permits. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): No Archeological or historic resources identified- site has been disturbed in the past. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III- Policies Pages 6 through 7 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): The mainenance dredging does not impact visual resources NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III- Policies Pages 8 through 16 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Inlet last dredged five years ago and storms, as well as piping from adjacent bulkheads have filled in the channel. Hydro. dredging will restore channel. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III-Policies Pages 16 through 21 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Dredging of mouth of inlet will restore flushing of West Lake and promote healthy water quality of basin. Town of Southold LWRP Consistency Assessment Form 3 Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies; Pages 22 through 32 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Dredging will promote regeneration of basin and beneficial restoration of natural habitat and wetlands. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III- Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): No impact on air quality Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): No impact on Solid Waste or hazardous substances. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III- Policies; Pages 38 through 46 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion cif appropriate): restore recreational use of coastal waters WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Dredging of Mouth of Inlet and West Lake protect a water- dependent use Town of Southold LWRP Consistency Assessment Form 4 Policy IL Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): dredging of existing channel is beneficial to marine resources and promotes flushing of West Lake marine resources. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): _ Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 111-Policies; Pages 65 through 68 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): No impact on energy or mineral resources copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 September 25, 2012 Board of Trustees Town of Southold Main Road Southold NY 11971 RE: WEST LAKE ASSOCIATION INC. SCTM: 1000-90-1-11 Dear President King and Board members: With reference to the above enclosed please find an original and two copies of a wetlands permit application together with my clients check for the filing fee. In light of the concerns raised by Mr. Domino and Mr. Bredemeyer, this application is for a tMem1 wetlands permit subject to ordinary extensions pursuant to Chapter 275. Thank you. Very trul ours, �'�atricia C. Moore PCM/bp L_ 1 encls. - SEP 25 2012 PLAN VIEW N Applicant: Angel Shores Assoc. WE Proposed: Dredged FII Placement Purpose: Erosion Control Surveyed: 0330-13 SCT# 1000-86-6-13.60 Town: Southold / Suffolk County, NY Datum: MSL-NAVD'88 Q. pa. 46 Ly\ 1000 -';G7-* p8 9'e/ X3.6 3b ark r es badly eroded 43 ¢ -0 scarp line "s r 75� Ax Arx o,okdroa.q-0 � Llne s b o clan to X13- '7 b.0 0 -35 �7 -2.7 2z Y.6 -4.4 -4A -37 -2.7 -4.4 -4.4 _3.4 '26 -4g -ItS `4b -"k2 P e O n l G B q , - �PRa'YEQ PY plant beach Proposed 60�R� TRUSTEES grass 18" o FII Area T-PW14 +OF ,SQ- UTHOLD keep fill min. 15' DATE �� 13 ---- ��;� from HW - _ _ - -__ - — M5L - NAVD88 — — — — — — - LW E �}p. pF Typical FII Secdon ——— D b c E I V E D 1• - 20 - D _ MAY 1 6 2013 ROBERT H. FOX j thold awn i NYS PLS#50197 PO Box#366 n q ag A ueb ue V N Y 11931