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HomeMy WebLinkAbout1000-20.-3-3.2 & 3.4 OFFICE IACATION: o~aOF SOUjyO/- iVIAILING ADDRESS: Town Halt Annex ~ `O P.O. Box 1179 54375 State Route 25 IxI lxf Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) w ~ Southold, NY 11971 @ Telephone: 631 765-1938 ~ Fax: 631765-3136 ~~y00UNT'~,N~ LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: August 19, 2013 Re: LWRP Coastal Consistency Review for TERRY FAMILY FARM SCTM# 1000-20-3-3.2&3.4 L.K. Mclean Associates, PC on behalf of TERRY FAMILY FARM requests a Wetland Permit for a Ten (10) Year Maintenance Permit to remove woody vegetation along the unaffected sections of the berms while removing existing vegetation along the areas to be rehabilitated; the dikes will be enhanced or strengthened by the use of geosynthetic grids and erosion control materials; native vegetation will be added to provide erosion and sediment control; placement of any supplemental fill required in areas that were subject to settlement; establish a material staging area and clearly defined access roadways to repair the approximately 850 linear feet of damaged levee sections of an existing approximately 850 linear foot dike; a{I construction shall be performed in accordance with NRCS's (USDA) dike construction standards and specifications. Located: 35870 Route 25, Orient. SCTM# 20-3-3.2&3.4 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 to this department as well as the records available to me, it is my recommendation that the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "B" which states: B, Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (inplace), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins, jetties, bulkheads, filled piers) located within Great I'econic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding all creeks); The proposed actionls) are not located within the CEHA. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assi:;tant Town Attorney Tos?n otSouthohl r~~cnN~41'F.NCy A3SE$3MENT FORM i. A. INSTRUCTIONS 1. All epplitsots for pet>nife' including Town of 3ouEhold agencies, shall o~lete dtia CCAF for ~ . pmposod aarons totes ere fp the Town of Southold Water&ernt Y Review Law. This is intended to supplmtent other inforvagicn oral by a Town of Soutlwld agency in making a detamthtetion of cooky. *Except minor exempt actions tncluding t3ulidtng Permits , and other mbdaterlad permits not located wtthtn the Coastal Erasion Hazard Area. j 2. Before answering the quaetiona in Section C, the preparer of this form should review the exempt minor action list, polidea ts>d peplenetiam of each policy contained is the Town of Sonthold Local Waterfront Rcvitaliaation Program. A nrouoeed amen will. be evahrated as m ids siani$cant • and adverse efficts raven the coastal area (which ituJttdes all of Southold Towa1. 3. Tf eny gnsst'ton in Section C on this. foem is answered "yea" oY `bo", these the purposed action will affect the echtevemeat of the LWRP policy ateoder9a and caeditiaia ooatained in the camite3ency mview law. Thus. sadt~tsiwvar Went be~dt~ ~ietaY. t stalk s~trortloa sad a~- iTtta ecdon c~not be txrtified ms oonststd?t wM6 the LW1tP policy smndetds tend 3 conditdons, ` ! A copy of the LWRP is available io the following pleas: ~o~ i webaite (aouthoi~own.nathfork.oet), the Board of T cx, the P local h'brariw and the Town Clerk's office. JUL 2 9 B. DESCRII'110N OF SITE AND PROPOSED ACTION 2013 3C['M# 1000 _ 20 - 03-3.4 PROJECT NAME Terry Family Farm Dike Rehabilitation Project Tlue Appliattioa 4aa bees sabmilted m (check apptopriato tespome}: ( TownBaard ? Phieaio{,Bau+d? BuBdloEDeprt. ? BoaudotTaastea t. Category of Town of Sou~old agency actin (check approptiate response}: (a) A emde.>taken dfieady bq Tows agcacy (e.~„tsapllal : ~ 0 moo, i ter. r cM, °lsed msnaactiartJ ? (b) Piamoial ash (ag. loan, subsidy) ~ A U G - 9 2 013 s (c} Pemdt, approval, license, cati&cation: ~ ? Natureand extort of atxicm: men ye~~ /i')a<n ~e~ce.Pe~~'^, To participate in a program by the NRCS (USDA) to rehabilitate and enhance earthen berms (dikes) damaged by Super Storm Sandy (Oct'12 in accordance with NRCS Dike Standards and permit conditions by the i Town Trustees, NYSDEC and USACOE. The action also, includes the removal ~ of woody growth from the damaged and undamaged sections of the containment structure to prevent future failure of the dike system. Town o(SnuUro/d Dike Relmbilitntion Prniecl Project Description: After Superstorm Sandy hit Long Islands coast, four and a half miles of levees (dikes or earthen berms) in Cutchogue and Orient were damaged. The dikes were severely breached and/or topped in several spots and destabilized the entire system. "fhe tidal surge associated with the storm damaged many acres of land used for agricultural purposes for the past 100 years. These earthen berms are important pieces of infrastructure that protect five farms including Salt Air Farm, Latham Farm, Driftwood Farm, Terry Farm and Wickham Fruit Farm as well as over 700 acres of farmland from flooding. Each farm is protected by a separate dike and approximately 3,500 linear feet was damaged. The levees protect the Peconic Bay from agricultural run-off and avert saltwater intrusion [o fresh water wetlands. The estimated cost to repair the dikes is currently estimated at $1.4 million. Suffolk County applied for EWP funding; however, guidelines suggest that funding should only be provided for freshwater projects. This project was provided a waiver by the United States Department of Agriculture (USDA) and has the ability to access this funding (75% of the overall project cost). The local township, Southold Town, has agreed to be the sponsor of the dike rehabilitation project for [he local farm owners. Four eligible farms have agreed to participate in the program sponsored by [he National Resources Conservation Service (Division of the USDA). "fhe project will require permitting (NYSDFC. Southold Town Trustees and the USACOE) and subsequent development of construction drawings and specifications (bid package) for a public bid process. The construction documents will define the manner in which the earthen berms will be rehabilitated and/or enhmiced u> withstand future tidal surges. Most of the damaged areas were caused by mature vegetation (trees) that was damaged by the heavy winds. When trees were blown over by the historic storm it caused significant disturbance w the protective structure when the root systems were unearthed. The project will involve developing a maintenance program to remove woody vegetation along the unaffected sections of the berms while removing existing vegetation along the areas to be rehabilitated. The dikes will be enhanced or strengthened by the use of geosynthetic grids and erosion control materials. Native vegetation will be proposed to provide erosion and sediment control Dw~ing construction each site will have a material staging area and clearly defined access roadways to repair the damaged levee sections. All construction shall be performed in accordance with NRCS's dike construction standards and in a manner consistent with amp conditions of environmental permits obtained for the project. Construction is expected to commence in the tall of2013. The proposed work BteaCh,farm contiists of the following Name of Farm Damaeed Dike Area Lln-Damased llike Area Total Area Salt Air Faun 90,854 SF / 2,317 LF 27,090 SF / 774 LF 117,944 SF / 3,091 LF Latham Fann 54,000 SF / 1,340 LF 26,400 SF / 660 LF 80,400 SF / 2,000 Lf r Wickham Farm 49,700 SF / 1,530 LF 51,800 SF % 1,480 LP 101,500 SF / 3,010 LF r Teny Farm 25,500 SP / 850 LI~' 0 SP / 0 LF 25,500 SF / 850 LF The damaged and un-damaged dike areas shall be included in a 10-year maintenance permit required to remove any woody vegetation from growing once the dikes are either rehabilitated/enhanced or when the undamaged areas are initially cleared. The maintenance permit will also allow for the placement of any supplemental fill required in areas that were subject to settlement. Any areas that require erosion and sediment control shall be vegetated in accordance with the specified planting schedule (100% native). ~~i"8 7 a LOCationofaction: Main Road Orient NY 11957 $j0C erneage: t p(~nge; A ricultural presetttaoningclassiSaation: Agricultural Conservation (AC) 2. If an applicatlon for the proposed action has been Slod with the Town of Southold agenay, the following information shall be provjded: (a) Name of applicant: Fred Terry ~87a Main Road Orient NY 11957 (b) M~lmg address; ~ (G) TelEpjiaaanttnfber: Aron Cade O 6 31- 3 2 3- 3 6 5 3 (d) Applicationnumber, ifany: Wfli the action be directly ~ require funding, or approval by a state ar federal agency? i Ycs ~ No? Ifyes,whichstateorfederalagency7 Natural Resources Conservation 1 Service (USDA i e. Erataate the project to the iollowhrg policia by aualyzt4T how the project will turtbar anpport or not aapport the polida. ProvWe a>i prapoaed Beat Mrma;ement Prnetias that wID fmiLor es~eh poUcy. ~ Inc~spleba answer wiR rsgaire that the force bo recanted for eontptethtu. DEV)~4PE~ t~~7',j~ji Policy i. Foams a patters ~ dcvebpmatt ht the Town of Sotthold that eahanca conuntnsW' eJiarneter, preserves opao space, m+tkcs sat nse of hue0sre, maker beaetfcial use ~ a coastal location, and mialdaa adverse efficb of dev~opmeat. See LWRP Sectloo ffi - Po~dea; Papa 2 !tr evdmtdon crlterL. ~ 0 Yes ~ No ~ Not Applicable i TPI Pa RP rPfPr to PP rmit T)raS~in~g tha d .fine h p,2~olS&r Rcong, } construction details and rn~antifi s the ~~j c 's ~~nosed ~Pa i s. Attar ~ 1 j Polley 2. Protect and preserve hbtarfe and archaeological raonroaa of the Torus of Southold. See ' LWItP 3ectlon IQI - Potides Pages 3 through 6 far evahutlou criteria O Yes ~ No ~ Not Applicable The Terry Family Farm has been farmed for over one hundred years. Aase6 slmae ifnecwwy PoNcy 3. Enhance vhwat quality and protect aeeaic roaonroea tturoughoat the Town of Sonthotd. See LWRP Section IIC - PoKeies Pages 6 through 7 for evaMatton criteria 0 Yee ? No ? Not Applicable ThP Tna~*+ of Snnthnl rl rnntaina a va ri Ptv of nni rniP. anti hp~,rifn] cr•Pnic r as n gricu ure, e strongest visual element in Southold. { Ate adOLtodst a3eeu if nay I NATURAL COAST POLICIES PoHry 4. Minimlre leas of gtq attaetnrra, and natural reaoarcea from fioodia$ and erooion. See L~VRP ~ Section III -Policies Pages 8 through 16 for avalaation criteria ' s D Yes ? No ? Not AppBcable The erosion and sediment control structures are these berms that have existing naturally since the late 1930's to .early 1940's. They serve a valuable function to preserving the farmland landward of the earthen berms/dikes. The program will maintain and/or enhance these structures properly so as to provide protection while not adversely affecting soil erosion or the migration of soil into waterways. Xuach ed~tiaod sleet if necessary ' 1 Popry S. Protect and iaaprswe water quality aid anppbr is the Town KSoathotd. See LWRP Seetloa III -PaLefa Pfgea li through 21 for evriaation eriterla Ya ? No ?NotAppHabta To preserve the town's farming blocks in order to protect farming nnPrat j„~ync limit the nPP~ fur a,3Ai Yi nnal (3rinki ng watPl- in thPCP arPaS, ' ual i improve water quality that has been compromise y ti a oo ing. ~ Atudi ddhbnal a~ Noettwswy i Palley b. Protest and restore the gnafity and faseHon of the Town of SonthaW ecosystems hteladaig Sigsidaat Coastal Fish. and WDdl~e Habkats sad weWsds. See LVVRP Ssetlen IQ -Potidea; Pagee 22 • 3 through 32 for evala+tttan criterM. D ? Yea No Not Applicable i i A additional ahaeta if necessary Policy Protect and improve air gaatity in the Town of Soathold. See LWRP Section [II -Policies Pages 32 tltrongh 34 for evaluation criteria. I Yes ~ No ~ Not Applleabk i r i J t K Attanhadditloml sheets dneeassary FoHcy 8. Mhtimfu enviroomeohl degradation in Toarn of 3oathold from >toUd waste and haurdoua stebstantxe and wastes. See LWRP Secdoo III - Polkia; Paga 34 through 38 for evaluattop criteria. Ya ~ No O Not AppHeabb: PUBLIC CpASt POLICIES Porky 9» Prtfvide far pab~ aecae to, and roc~roallonal ace sf, coastal trsiten, pablwe Isnda, and pabtic resoureea of the Town of Soetheid. See LWRP Section 1Tl - Policies; Page 38 thtmlgh 46 for evalation os4 n Y~ No ~ Not AppNeabk Attarh add&1ona1 a6sett ifnecenery WORIQNG COAST POLICIES Policy 10. Protect Soathold's orator-dependent wee and promote ailing of naw water-dependent aces in saNabie loeationa. Soo LWRP Section III - Potieios; Pages 4? throoghh 56 for evaluation criteria. ? Xee ? No 0 Not AppNsab~k Attach additioml ahaau if oS Po6iey il. Promote smlainabie ~e of Hviog marine t+eooarces in Long Iaiaad Sound, the Punic ~ Esenary and Tower waters.. gee LWRP 8ectlon Ili -Policies; Pages S7 ihrong6 62 for evahtation criteria. ~ ? Yss ? No ®Not AppNatbh'. Attach additional aheAts ifeaceaaary Policy 12. Protect agricuitnral bards ~ the Town of Sonthohb See LWltP Section III - Policiese; Pages 62 through iS for evahtatlcat erfterla. 0 Ya ? No ? Not AppScabk Protecting the remaining agricultural land in the Town of Southold j tir=l,*.^ rtnsuring ~Zecor~~tiiaci~~.thP T^~~^' _ =gr~ cultur~l_ A^^n^my, r pro~ec wi ensure a e mi iga ive measures o re a i i a e an anhanrP the protective structures (dikes). Attreh addWoaal ifnaaeaavy j Polby 13. Promote approprlatte rice tlnd devebpment of energy and mineral reaonraoe. See LWItP Section TII - PoUciet!t Pages 65 ihtvagh 68 for evahution criteria. ? Yea ? No 0 Not Appllet~itle p~ppgEp EY Christopher F. Dwyer TITLE Associate Dp'I~ 7-25-13 i L~~"~, an Associates, P. C. 437 South Country Road Brookhaven New York 11719 D NSULTING ENGINEERS (631) 286-8668 FAX (63 t) 286-6314 JUL 2 9 2013 Associates EUGENE F. DALY, P.E., P.T.O.E.TM, PRESIDENT and C.E.O. CHRISTOPHER F. DWYER RAYMOND G. DIBIASE, P.E., P.T.O.E.TM, PTPTM, EXECUTIVE VICE PRESID NT ROBERT A. STEELE, P.E. DANIEL P. JEDLICKA, P.L.S., VICE PRESIDENT Southold Tawn JAMES L DeKONING, P.E. f { T ¢ STEVEN W. EISENBERG, P.E. ANDREW B. SPEISER July 26, 2013 Town of Southold Trustees Office 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971 1r~ Attention: James F. King -Board of Trustees President Re: Town of Southold: Dike Rehabilitation Program by NRCS (Four East-End Farms) Administrative Permit Application -Terry, Latham, Wickham and Heston Farms LKMA Project 13050.000 Dear Mr. King: Pursuant [o a field meeting held on July 16, 2013 with your office and Rob Marsh of the NYSDEC (Region 1), L.K. McLean Associates has prepared the attached permit packages associated with the Dike Rehabilitation Projects at the two (2) farm properties in Cutchogue (Wickham and Salt Air) and the two (2) farm properties in Orient (Tent' and Latham). One original permit package and one copy have been included for your office's review. The final construction drawings will be completed within the next couple of weeks. Since the Town and the Natural resources Conservation Service (NRCS) anticipates construction to start in the fall of 2013. The permit would be to allow the rehabilitation of the berms compromised during Super Storm Sandy and to remove woody vegetation from the damaged and undamaged sections of the dike system. Removal of large trees that populate the earthen beans would minimize the risk of the dike system's failure during future storm events. The integrity of the dike system will protect the farmland from being destroyed by salt water from the tidal waters while minimizing any soil erosion and sediment migration into the waterways from the farmlands and dike system. Our office understands [hat the Trustees Office has waived all fees on this project due to their relationship to Super Storm Sandy. We consider this project to be agricultural maintenance (no structure) which disturbs less than five (5) acres and have included erosion and sediment controls with the permit drawings for each site (as per SPDES GP-0-10-001, Tables 1 & 2 of Appendix B). Enclosed you will find the following components of the permit packages submitted for your consideration (one original and one copy): • Heston Farm (Salt Air) Permit Application & Permit Drawings (includes Photos) • Wickham Fruit Fann Permit Application & Permit Drawings (includes Photos) • Terry Family Fann Permit Application & Permit Drawings (includes Photos) • Latham Family Farm Permit Application & Permit Drawings (includes Photos) • Founded in 1950 L1C~11~~ L. K McLean Associates, P. C. Thank you for your time in reviewing this application. If you have any questions please feel free to contact me. Very truly yours, F CFD:cfd Christopher F. Dwyer, Associate Enc. (4) L. K. McLean Associate, P.C. CC: James Richter RA, Town of Southold Engineering Department w/enc. (All) Prudence Hes[on, Salt Air Farm w/enc. (Heston Application Only) Tom Wickham, Wickham Fruit Farm w/enc. (Wickham Application Only) Fred Terry, Terry Family Farm w/enc. (Terry Application Only) Dan Latham, Latham Family Faun w/enc. (Latham Application Only) LKMA File Copy w/enc. (All) ws ~ F . \ . ~ 3 2~~ FF ~ 1 \ ~ , ~ A Z~ / P~ ~ ~ J ~ \ ~ / I T l A- 1 ~ j~ x~~ ~ *~~i \ 1~ ~ ~ i % a ~ ~ ~ ~ ~ ~ I ~ ~ ~ A , ~t• ~V AV _ i~ i / j, ~ , ~ ~ ` ~ v s'`,~ / ~ ~ ~ ~ i ~ ~i ~ /v i i ~l i~ ' ~ \ ill y' ii / ~ r. Mop''. 1 ~ e.~k® it i/ ~ , ' _ ~u - _ COUNTY OF SUFFOLK © s *rox 0 _ ReN P~opmly TU Servim Rpenq ~