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HomeMy WebLinkAbout1000-109.-5-23.3 ~pF SOUTy OFFICE LOCATION: Q~ MAILING ADDRESS: Town Hall Annex ~ O P.O. Box 1179 54375 State Route 25 l~ l~ Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) y ac Southold, NY 11971 ~ ~ Telephone: 631 76b-1935 Fax: 631 765-3136 ~~CpUNry 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 SALT AIR FARM SCTM# 1000-109-5-23.3 L.K. McLean Associates, PC on behalf of SALT AIR 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 2,317 linear feet of damaged levee sections of an existing approximately 3,091 linear foot dike; all construction shall be performed in accordance with NRCS's (USDA) dike construction standards and specifications. Located: 3280 New Suffolk Road, Cutchogue. SCTM# 109- 5-23.3 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 Peconic 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 creek;>); The proposed action(s) 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, Assistant Town Attorney Town of SoefboW ~VRP CONSL4l'FNCY ASSESSMFIVT FORM ~ I• A. INS'l'RUCTIOPIS 1. Alt epplicaals for permits' includmg Town of Southold agencies, shall complete this CCAF for proposed actioma that are auirject m the Town of Soudrold VJatafiont Y ]teview I,aw. This ' . assessment is intended to supplement other irrfom?atim used by a Tawn of Southold sgeacy in ~ malting a detemtioetiotr of rnosistmcy. 'Except minor exempt actbns trrcludhrg tlydldbrg Permits j amt other minLrtertal penrrhs not located within the Coastal F,rastan HaundMea. i 2. Before anawaiog the questions in Section C, the pmparer of this form should review the exempt minor sctim list, policies and explamtiom of each policy contained in the Town of Southold L.ocat j Waterfiont Revitali~tim Progrmr. A o~poaed action wlll be evahmted as to its sib beneficial and adverse effiecty won the coastal area (which includos all of Southold Town). 3. Tf any question in Section C m this form is answered "yes" or `4l0", then fhe proposed action will affect the achievement of the LWRP policy standazds and cmditioea cemaeieed in the consistency y review law. mpg, each am9rer meet be eselaiaed is dotal. 6oW eaeoortiea and noe- gg~p`,~. Ban action camat be certified as consistaa widr the LWRP policy standards and ~ _ ~ti~,14~ A copy of the LWRP is available in the following places: online at the T t®d~i webaite (southoldtowu.northfork.net), the $osrd of Trustxs Office, the D local tibrmries and the Town Ckrk's office. JUL Z g 2013 B. DFSCRTP110N OF S1TE AND PROPOSED ACTION ~M# 109 O5 23.3 ~ d awn PROJEG7'NAME Salt Air Farm Dike Rehabilitation (Heston Family) The Application boa bees anbniltted to (c}rerac appropriate rrspoave): Town Board ? Phoning Board ? Brrfidhs` Dart. ? Board of Traateea X? 1. Category of Towe of Southold agency scum (check appropriate response): (a) Adim uodermken dirccdy by Town agerwy ~P~ _ - , oon9ktrctioq phoning activity, agency mgulatiol4 >arrdtnoaarai~r) ~ _ (b) Financial essis~ (e•& ~ ~dy) A U G - 91.013 f (c) ~ srPpro~, liaae, catifieatioa: _ p Nance and extent of actim: I U Yeu~ mG;^ ~einf ce ~Trti'"~..' 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 Town Trustees, NYSDEC and USACOE. The action also includes the remov~l of woody growth from the damaged and undamaged sections of the containment structure to prevent future failure of the dike system. Town o(Southold Dike Rehnhilitruion Project Proiect Description: After Superstorm Sandy hit Long Island's coast, tour 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. The 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 to 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 the local farm owners. Four eligible farms have agreed to participate in the program sponsored by the National Resources Conservation Scn~ice (Division of the USDA). The project will require permittine (NYSDEC. Southold Town 'trustees and the USACOE) and subsequent development of auistructioii drawings and specifications (bid package) for a public bid process. The construction documents mill define the manner in which the earthen berrns will be rehabilitated and/or enhanced to withstand luture 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 signitlcam dishirhance to the profictive 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 arosion and sediment control. During 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 mannm~ consistent ~i-ith any conditions of environmental permits obtained for the project. Construction is expected to commence in the I:~II of2013. e propose work atea~h firm ~onsi,ts ofthe lollow,in ~n,,._ - _ Name of Farm Damaaed Uike Area Un-Uamaaed llike Area Total Area y Salt Air Dann 9Q854 SF / 2317 LF 27,090 SF / 774 LF 117,944 SF / 3,091 I.F i Latham Farm 54,000 SF / 1,,40 LP 26,400 SF / 660 LF 80,400 SF / 2,000 LF Wickham Dann 49,700 SF % 1.5±0 LF 51,800 SP / 1,480 LF 101.500 SF / 3.010 LF r Terry Farm ?5,500 SF ! 850 I_F 0 SF / 0 LF '_'5,500 SP ! 850 I.P 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. l~he 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). Location OfaCdOn: 1535 New Suffolk Avenue Cutchogue NY 11935 i Site acreage: ~ pl~~; Agricultural Presentaoniggclassificatioo: Agricultural Conservation (AC) 2. If an application for the proposod action lies been filed with the Town of Sotatlrold agency, the following l information shall be provided: (a) Name of applicant: Prudence Heston (b) ~~address: 1535 New Suffolk Avenue ~ (c) Tekghone numbs: Area Code 6 31- 734 - 418 0 (d) AppHcationnumber,ifaoy: Will rite action be directly und«lalcen, require finding, or approval by a srate or federal agency? Yes 0 No? Ifyes,whichstateorfedeialageacy? Natural Resources Conservation Service USDA C. Evaluate the project to the following polities by sngtyztng bow the project Trill farther support or not support the potitiea. Provide gti proposed Beat Management Pnctioes that wlll further etch polifcy. Inosmplete gnawers will require that the form be retuned for compktlon. DEVELOPED COAST POLICY Poiiry I. Foster a patters of devebpmest b the Tows of Sonthohi that enhaacea comnanily character, preserves open space, mgka a~ident nu of intkastrnetare, mains beaelidal ue of a eoastd location, and minlmiaa adverse effecb of devdopment. Sa LWRP Section III - Potltiea; Page 2 for evalwtbn criteria. Yes ? No ? NotAppllcabk Please refer to Permit Drawings that define the 8roi~t g~o~e. construction details and ggantifies the p~ject's ~~Qpoa d ea ~ s. Attpeh sddidoasl rtm~ if necesacy Polley 2. Protect and preserve Wstork and ardtaeological resosrca of the Town of Southold. See LWRP Satibn III -Polities Pages 3 through 6 for evaluation criteria Yea ? No ? Not Applicable ' The Salt Air Farm has been farmed for over one hundred years. Aasch sddidoml shop ifnecessery Polley 3. Eednnce visual quality and protect seenic resonrtxs throtrghoat the Town of Southold. See LVYRP Section III - Polides Pages t; through 7 for evaluation criteria 0 Yee ? No ? Not Applicable ' The Tnwn of SnnthnlA rnntaina a vari eta of nni rnia anA fieantifnl arenir eemgeaef3>=e. '£3~eee ~e~atr~eee-awe de€#ne~ ~ra~re-~e~a}-~aEEe~~s e€ agricu ure, e strongest visual element in Southold. ' Aoach addidaoal chap if Y NATURAL COAST POLiCIE3 Policy 4. Mlnimiu leas of Nfe, stracturcs, and naturcl resources iron tlsediog and erseioa See LWRP Section III - Pelidee Pages 8 through 16 for evaluatiou criteria ' Yes ~ Ne 0 Not Applicable The erosion and sediment control structures are these berms that have existing naturally since the late 1930's to early 1940'x. They serve a valuable function to preserving the farmland landward of the earthen berms/dikes. The program will maintain an_d/or enhance these structures properly so as to provide protection while not adversely affecting soil erosion or the migration of soil into waterways. ~ Amch edditioasl shag iteaesaery f Pol[cy S. Protect and improve water quality and supply In the Town of Southold. See LWRP Station III - Pslldee Pages 16 through 21 tsr eraluation crlterh 0 Ya 0 No ?NotApplicable To preserve the town's farming blocks in order to protect farming nnprati nna limit tfie mead fur aAAi ti nnal r9rinking watn~^ in thecP arPag~ ual ~ i improve water quality that has been compromised by tidal flooding. Attach additioosl shots if oecrosary Policy 6. Protect and restore the goaYty and fanctian o[ the Town of 3outYold awayeteasa iaduding Siglsi8eant Ceastil Fit6 and R'ild6te Habitats and weWnds. See LWRP 9ectien III - Ptaidea; Pages 22 through 32 for evaluation criteria. 0 0 Yes No Not Applicable i i Attach additional aheeu if tbcesaay ' PoUry 7. Protect and improve air quality ~ the Town of Southold. Soe LWRP Section III -Policies Pages 32 through 34 for evalaadon piteria. ? Yes ? No ?X Not Applicable i Attach additioml sheero if necaaoay PoBry 8. Minimize enviroomeotal degradation in Town of 3oathold from aalid waste and haztudous ~ anbstnew sad wastes. See LWItP 9ectiou in -Policies; Pages 34 Wrough 38 for evatustiop criteria. ? Yee ? No 0 Not Applicable I PUBLIC COAST POLiCI&4 ~ Policy 9. Provide fsr public areas to, and recreational nee af, coastal water, pddic lands, and pabBc reaonrca of the. Town of 3suthold. See LWRP Section IIl - Potleia; Pages 38 through 46 for evalaatfon critaia. n ? Yet? No ? Not Applicable I Attach eddidaui aheela if aeoeeeay I WORKIPiG COAST POLICIES i Polley 10. ProhM SoethoW's water-depeedeet esa sad promote sitleS of new wster-0epeedent rases ie seitabk locatbns. See LWIIP Section III -Policies; Pages 47 through 56 for evahnttos criteria. ? Xes ? No Q Not AppBcable i - ~ I At4ch additional aheaM if aecaswy Policy 11. Promote smtshuble use of living mariee resources ie Loag Inland Sound, the Pecosle Estuary aed Tows water. ace LWRP Sectioe III -Policies; Pages 57 through 62 [or evalmttioe criteria. ! ? Ya ? No ©Not Applicable Aaach addNiotuel alwda ifnecarary Polley 12. Protect agricukaral beds Gs the Town of Southold. ace LW12P Section III - Polic[a; Pages , 62 throegh 65 for evsleatfos crftetis. ~ Yes ? No ~ Not AppBaibk Protecting the remaining agricultural land in the Town of Southold ~ ;Q r;r;~ai r., one„r;ng =r°eer.,at~an ^i:.~ie T^um's ~gr;r„lt„r~l ,P^^„^mY. 4 i i pro~ec wi ensure a e mi iga ive measures ore a i i a e an enhance the protective structures (dikes). AaacL addiNooal ahaela Ktaxaaey Polley 13. Promote approprblte rase and devdopmont of energy and mineral rosoerces. Sce LW1RP , Section III - Polkiea; Pages 63 throegl~ 6g for evaluation criteria. ? Yes ? No ~ Not Appltcsble I pgEp~i]/gy Christopher F. Dwyer ~,E Associate DA~,7-25-13 4 L~~"~, an Associates, P. C. 437 South Country Road Brookhaven • New York 11719 D NSiJLTING ENGINEERS (631) 286-8668 FAX (631) 286-63 ( 4 JUL 2 9 2013 Associatea 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 Southot Tawn JAMES L. D•KONING, P.E. 1 STEVEN W. EISENBERG, P.E. ANDREW B. SPEISER July 26, 2013 Town of Southold Trustees Office 53095 Route 25 ~t P.O. Box 1179 ~ o~~G~~~~. Southold, N.Y. 11971 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 to a field meeting held on July 16, 2013 with your office and Rob Marsh of the NYSDEC (Region I), 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 (Terry 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 pemut 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 lazge trees that populate the earthen berms 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 that the Trustees Office has waived alt 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 I & 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) Pemut Application & Permit Drawings (includes Photos) • Wickham Fruit Farm Permit Application & Permit Drawings (includes Photos) • Terry Family Farm Permit Application & Pernut Drawings (includes Photos) • Latham Family Farm Permit Application & Permit Drawings (includes Photos) • Founded in 1950 L1C~11~1 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 Heston, 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 Farm w/enc. (Latham Application Only) LKMA File Copy w/enc. (All) ~~~,e „m a w,<.---~---- W,~-----~-------~ 4 a a ~ J w S ne v F ~ ,v,a W ur...c 9 ora I M s' i ~ a e I i p ~ ~ :.,i n `.e ~ ~ m /1 \ ~ O a i a~ s M p \;J~,.~e. iii .wi 3g , a~ 'a /i~ / I q , .a i , >.vu wn 5 ~:va i r 3 ~ az n~ ' ~ ~ z i ' asap ~WtlR ,YIA i °w°~,'w° E~ q ,a u9 ,6 v uN0 1 ~ _ ~ W v ~ ~ < i f if. $ u 1 `F'e F v Mtl a ra rv x,e xE ~ v n m ~ ~ ~ n ~i ow..w,o-,um,. E,.,®, N ~ nwa ..®eoo.......o,. 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