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TR-8348
�V SO(/TZOI Michael J.Domino, President ��� ITown Hall Annex John M.Bredemeyer III,Vice-President 54375 Route 25 P.O.Box 1179 Charles J.Sanders G Q Southold,New York 11971 Glenn Goldsmith �`� S �O Telephone(631) 765-1892 A.Nicholas Krupski l�`c®V Ill Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 19, 2017 Mr. Andrew Walker NYS DEC RE: 2110 VILLAGE LANE, ORIENT—.PERMIT#8348 & 8348C SCTM#: 1000-24-2-28.1 To whom it may concern: The undersigned is Vice-President of the Southold Trustees, with the Board designated responsibility of conducting compliance inspections under our local wetland ordinance ' for Orient and East Marion. Former employment includes 18 years as a Southold Trustee and 25 years with the Suffolk County Department of Health Office of Ecology, Bureau of Marine Resources with assigned field and laboratory work under the Peconic National Estuary Program. On January 10, 2017 while heading home-on Village Lane, Orient at dusk, after a day of performing monthly field inspections with the Board of Trustees, I did see that maintenance dredging of the Orient Wharf was in progress. I did not stop to inspect the work at that time as it was too dark for observations but did inspect the following morning, January 11, 2017 at around 7:30 a.m. as the site had been the subject of complaints and concerns in the past. It was sunny, the wind was briskly northwest at about 7-10 knots and the tidal stage appeared to be mid-depth and was noted to be ebbing, as the undersigned had water sampling scheduled for later in the morning with a Southold Town/DEC Shellfisheries Unit cooperative program and was watching the tidal state. At that time (around 7:30 a.m.) it was noted that there was no work taking place and no equipment present on the wharf. The waters were slightly turbid in the immediate vicinity of the dredge cut, which itself appeared to be in compliance with the metes and bounds of the permit. The degree of turbidity was mild insofar as the waters appeared clear to the bottom outside the dredge area. As the Trustee office had been made aware of a possible trespass by a mini-excavator to complete the in-shore work adjacent to vegetated wetlands on a neighbor's parcel to the north, particular attention - rW` was made of this area. There were no apparent tire or track marks in the sand above/below apparent MHW on that parcel and there appeared to be no damage whatsoever to the adjacent vegetated tidal wetlands. As there was no apparent serious violation of Town Code Chapter 275 (Wetlands and Shoreline) and there being no official complaint logged in the Office of the Southold Town Trustees, there was no need to dispatch a Bay Constable or make a referral to the NYSDEC. There was no written report generated for the date in question as office procedure compels a written report only after a request for a compliance inspection. The undersigned offers this information freely in response to a verbal request from a representative of the Orient Wharf Company with the approval of the President of the Trustees, Mike Domino, to provide information relating to conditions observed proximal to the dredging event. Please do not hesitate to contact the undersigned if further information is needed. Very truly yours, ohn M. Bredemeyer, Vice-President Board of Trustees JMB/dd Aft. _``*OF SO!/r John M. Bredemeyer III, President OVA y(Jl Town Hall Annex Michael J. Domino,Vice-President ~ 54375 Main Road P.O. Box 1179 James F. King,Trustee Southold, New York 11971-0959 Dave Bergen,Trustee �O • �� Telephone(631) 765-1892 Charles J. Sanders, Trustee �yCOUrvrv,��' Fax(631) 765-6641 BOARD OF TOWN TRUSTEES November 19, 2014 TOWN OF SOUTHOLD Mr. Bruce A. Anderson Suffolk Environmental Consulting PO Box 2003 Bridgehampton, NY 11932 RE: ORIENT WHARF COMPANY C/O JOHN TUTHILL 2110 VILLAGE LANE, ORIENT SCTM# 24-2-28.1 Dear Mr. Anderson: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, November 19, 2014: RESOLVED, that the Southold Town Board of Trustees APPROVES the Administrative Amendment to Wetland Permit#8348 and Coastal Erosion Management Permit #8348C to extend the expiration dates to December 22, 2018; and as depicted on the site plan prepared by Suffolk Environmental Consulting, last dated September 10, 2013 and stamped approved on November 19, 2014. 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, drA- John M. Bredemeyer III President, Board of Trustees JMB:amn Drawn By:TFL Orient Wharf Company Property Scale:N/A Date:5/24/2013 revised 6/20/13.8/30/13 Situate: 2110 Village Lane, Orient, NY, 11957 9/10/13 SCTM#: 1000 - 24 - O1 - 28.1 Comments:Overlay adapted from the survey by I w. Tohn C.Ehlers,last revised 05/15/2013 Scale: 1 1"=40' \ / / High PROMarsh, \ k z. ' o .. Higho Marsh A 1A ItIr �vNy701 0 oR�N�' \ "� • �^ • j►` ft / - � - ��� � gyp, �� 0' / iced _... .� � • �. Fwok. �' •, .��9,, F — „ � e • � �. � � /-•• _A�� _ _ ` �,� SSE o 5 -ys .k ' VED BY Jojw m l n S�OUT..HCCC11. OCT 1 ?_,3 tl�r I _ r - m ------ • Orient Wharf Company Property Drawn / Scale:N/ iFL A Suffolk Environmental Consulting Date:5/24/2013 re,,ised 6/20/13,8/30/13 Situate: 2110 Village Lane, Orient, NY, 11957 9/10/13 SCTM#: 1000 - 24 - 01 - 28.1 Comments:Overlay adapted from the survey by John C.Ehlers,last reNised 05/15/2013 Scale: 151=401 , High •� � r t , F � , ~ t r , t j h i a h � o s, •- ' o r a# a } Coastal Erosion Hazard Line located 158' from nearest proposed dredging Proposed dredging spoil reduced from 2,150 cubic yards to approximately 1800 Y t cubic yards. 2 1' a. r Drawn By:TFL Suffolk EnvironmenGal Consulting, Orient Wharf Company Property Scale:N/A Situate: 2110 Village Lane, Orient, NY, 11957 9/10/1324/2013 revised 6/20/13.8/30/13 SCI'M#: 1000 - 24 - 01 - 28.1 Comments:Overlay adapted from the survey by Tohn C.Ehlers,last revised 05/15/2013 vrW a F r Hay bales lined with Siltation Fencing to allow excess water to drain from the spoil into the harbor g „ r' j Hay bales secured to open end of the < dumpster with straps and wood reinforcements t11 A 3 F .. , 1-1 Drawn By:TFL Orient Wharf Company Property Scale:N/A Date:5/24/2013 revised 6/20/13.8/30/13 Situate: 2110 Village Lane, Orient, NY, 11957 9/10/13 AInc. SCTM#: 1000 - 24 - 01 - 28.1 Comments:Overlay adapted from the survey by Iohn C.Ehlers,last revised 05/15/2013 w * i John Bredemeyer, President �OFF94Town Hall Annex Michael J. Domino, Vice-President 54375 Route 25 James F. King : P.O. Box 1179 Charles J. Sanders Southold, NY 11971 Dave BergenO! ,� �a°' Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field InspectionMork Session Report Date/Time: ///"3-/ )q Suffolk Environmental Consulting on behalf of ORIENT WHARF COMPANY, c/o JOHN TUTHILL requests an Administrative Amendment to Wetland Permit#8348 and Coastal Erosion Management Permit#8348C to extend the expiration dates to December 22, 2018. Located: 2110 Village Lane, Orient. SCTM# 24-2-28.1 Ve 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 Notice of Hearing card posted on property: Yes No Not Applicable Storm Water Management Review: Yes No Not Applicable Info needed: Modifications: Conditions: Present Were: / Bredemeyer AA. Domino /' J. King C. Sanders—D. Bergen Bay Constable Other Form filled out in the field by �J ✓rG Mailed/Faxed to: Date: '�Inc. Suffolk Environmental Consulting, Newman Village, Suite E, 2322 Main Street,P.O. Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President Hand Delivered October 23, 2014 Mr.John Bredemeyer, Chairman Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: ORIENT WHARF COMPANY Property +� Situate: 2110 Village Lane,Orient,NY,11957 t OCT 2 4 'f7,14 SCTM#: 1000—24-01-28.1 s ' Dear Mr. Bredemeyer, .- This Firm represents the Orient Wharf Company, who applied for and received a Wetland and Coastal Erosion Permit from your Board to dredge Orient Harbor in the vicinity of the Orient Yacht Club. Request is hereby made for permit amendment to authorize continued maintenance dredging of the Harbor Area consistent with the submitted and approved plans already in your files. Continued maintenance dredging permit is requested to December 22, 2018. 1 attach a check made payable to the Town of Southold in the amount of$100 covering the requisite application fee along with a copy of NYSDEC Tidal Wetland Permit for dredging#1-4738-03228/0004. Kindly schedule this matter for review and determination at your next available regularly scheduled meeting. Thank you in advance for your anticipated cooperation. ours: urs truly, ' A Bruce A. Anderson Cc. Orient Wharf Company James F. King, President g~FFD(r Town Hall, 53095 Main Rd_ c Bob Ghosio, Jr., Vioo-President P.O. Box 1179 Dave Bergen Southold NY 11971 John'BredemeYer °y 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 tg day of construction % constructed Project complete, compliance Inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK i I PERMIT NO. 8348 & 8348C DATE: DECEMBER 11, 2013 ISSUED TO: ORIENT WHARF COMPANY C/O JOHN TUTHILL PROPERTY ADDRESS: 2110 VILLAGE LAN& ORIENT SCTM#.24-2-28.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter I 1 I of the Town C.,odg of the Town of Southold and in accordance with the Resolution of the Board of Trustees Adopted at gle,pieptigg held on December 11, 2013, and in consideration of application fee in the sum of $250.00 paid by Orient Wharf Comp. enc. and $250.OA,pajd by;Suffolk Environmental Consulting. Inc. and subject to the Terms and Conditlol* as statedijn the Resolution, the Southold Town Board of trustees authorizes and permits the following: !Wetlan4 Permit to dredge roughly 2,150 cubic yards of material in lJ area surroundin the Orient Yacht Club in order to maintain the nav' 1,6 c' ` ' g W-a.0. ? };oh arbor; dredged material to be placed in a drying container secured to the wharf which will the& be removed to an approved. upland source; and,as,depicted,an,tibefito pawn prepared by Suffolk Environmental Consulting, Inc., last dated September 10, 2013, and stamped approved on December 11, 2013. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal'tobe affixed, and these presents to'be subscribed by a majority of the said Board as of this:date.: . ob Ghosio, Jr. ` h I L TERMS AND CONDITIONS The Permittee, Orient Wharf Company C/O John Tuthill located at 2110 Village Lane, Orient, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: i. 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 permit, and the said P.ermittee 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 df maintain the structure or project involved, to provide evidence to anyone concerned thatrt. . authorization iv as originally obtained. k 4. That the work involved will be subject to the inspection and'appm* of the Board or its agents, and non-compliance with the provisions of the originating'applieafion may be cause a for revocation of this Permit by resolution of the said Board. €w' 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. "'at there shall be no interference witWthe Tight of the public to pass and repass along the w 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 W expenses to the Town of Southold. T; 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 m y be required supplemental to this permit, which may be subject to revoke uponfailureto obtain same. ,r i James F. King, President • Qf so~ryo • Town Hall Annex Bob Ghosio, Jr., Vice-President 54375 Main Road P.O. Box 1179 Dave Bergen Southold, New York 11971-0959 John Bredemeyer co Q • ~O Telephone (631) 765-1892 Michael J. Domino lyCOU Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT COASTAL EROSION PERMIT #8348C Applicant/Agent: Suffolk Environmental Consulting, Inc. Permittee: Orient Wharf Company C/O John Tuthill SCTM#: 24-2-28.1 Project Location: 2110 Village Lane, Orient Date of Resolution/Issuance: December 11, 2013 Date of Expiration: December 11, 2015 Reviewed by: Board of Trustees DESCRIPTION OF ACTIVITY: To dredge roughly 2,150 cubic yards of material in the area surrounding the Orient Yacht Club in order to maintain the navigability of the harbor; dredged material to be placed in a drying container secured to the wharf which will then be removed to an approved upland source; and as depicted on the site plan prepared by Suffolk Environmental Consulting, Inc., last dated September 10, 2013, and stamped approved on December 11, 2013. INSPECTIONS: Final Inspection SPECIAL CONDITIONS: (apply if marked) In accordance with Chapter 111-15 Erosion Protection Structures: N/A A maintenance agreement is attached hereto and is a necessary special condition of this permit. BY: James F. King, President Board of Trustees James F. King, President • . oF souryo • Town Hall Annex Bob Ghosio, Jr., Vice-President 54375 Main 1 P.O. Box 1179 79 Dave Bergen Southold, New York 11971-0959 John Bredemeyer G Q e • ~O Telephone (631) 765-1892 Michael J. Domino Fax (631) 765-6641 ~y00UNT'1,~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 11, 2013 Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. PO Box 2003 Bridgehampton, NY 11932-2003 RE: ORIENT WHARF COMPANY C/O JOHN TUTHILL 2110 VILLAGE LANE, ORIENT SCTM# 24-2-28.1 Dear Mr. Anderson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, December 11, 2013 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of ORIENT WHARF COMPANY C/O JOHN TUTHILL 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, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated January 10, 2013, 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 December 11, 2013, at which time all interested persons were given an opportunity to be heard, and, 2 • WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 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 and Chapter 111 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 ORIENT WHARF COMPANY C/O JOHN TUTHILL to dredge roughly 2,150 cubic yards of material in the area surrounding the Orient Yacht Club in order to maintain the navigability of the harbor; dredged material to be placed in a drying container secured to the wharf which will then be removed to an approved upland source; and as depicted on the site plan prepared by Suffolk Environmental Consulting, Inc., last dated September 10, 2013, and stamped approved on December 11, 2013. 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: $50.00 Very truly yours, )Xpl" off, ~5, James F. King President, Board of Trustees JFK/amn James F. King, President o~?fF0(* Town Hall Annex co Bob Ghosio, Jr., Vice-President 54375 Route 25, P.O. Box 1179 Dave Bergen Southold,NY 11971 w John Bredemeyer ~y Telephone (631) 765-1892 Michael J. Domino Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Company Please be advised that your application dated b has been reviewed by this Board at the regular meeting of and your application has been approved pending the completion of a following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1" Day of Construction ($50.00) Constructed ($50.00) Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) 30-Year Maintenance Agreement (complete original form enclosed and submit to Board of Trustees Office) 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: TOTAL FEES DUE: $-,150. O BY: James F. King, President Board of Trustees THIS IS NOT A PERMIT New York State Department of Environmental Conservation Notice of Complete Application Date. 11/25/2013 It Applicant: ORIENT WHARF COMPANY C/O LINTON DUELL, TREASURER PO BOX 243 DEC - 3 2013 ORIENT, NY 11957-0243 Facility: ORIENT WHARF CO PROPERTY 8 hJ' 'd '0... 2110 VILLAGE LNISCTM 1000-24-2-28.1 Trustees ORIENT, NY 11957 Application 1D: 1-4738-03228/00004 Permits(s) Applied for: 1 - Section 401 - Clean Water Act Water Quality Certification 1 - Article 15 Title 5 Excavation & Fill in Navigable Waters 1 - Article 25 Tidal Wetlands Project is located: in SOUTHOLD in SUFFOLK COUNTY Project Description. Applicant proposes to dredge to -5' mlw an irregular area seaward of mean low low water, adjacent to existing pier and in the vicinity of existing docks and floats. Resulting 2,150 cubic yards of dredge spoil will be temporarily dewatered in a 40 cy capacity roll off dumpster located on existing pier seaward of the timber bridge, then disposed of off site at an approved upland location. Project is located on Village Lane, Orient. Availability of Application Documents.' Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person. State Environmental Quality Review (SEQR) Determination Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed. SEQR Lead Agency None Designated State Historic Preservation Act (SHPA) Determination The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations. Coastal Management This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act. Availability For Public Comment Contact Person Comments on this project must be KENDALL P KLETT submitted in writing to the Contact NYSDEC Person no later than 12/19/2013 SUNY @ STONY BROOK 50 CIRCLE RD or 15 days after the publication date STONY BROOK, NY 11790-3409 of this notice, whichever is later. (631) 444-0363 CC List for Complete Notice ENB gUFFO(,~ James F. King, President P.O. Box 1179 Bob Ghosio, Jr., Vice-President Southold, NY 11971 Dave Bergen Telephone (631 765-1892 John Bredemeyer Fax (631) 765-6641 Michael J. Domino tv y~o1 ~ *aor Southold Town Board of Trustees Field Inspection[Work Session Report Date/Time: Suffolk Environmental Consulting, Inc. on behalf of ORIENT WARF COMPANY, c/o JOHN TUTHILL requests a Wetland Permit and a Coastal Erosion Permit to dredge roughly 2,150 cubic yards of material in the area surrounding the Orient Yacht Club in order to maintain the navigability of the harbor; dredged material to be placed in a drying container secured to the wharf which will then be removed to an approved upland source. Located: 2110 Village Lane, Orient. SCTM# 24- 2-28.1 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: 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: New York State Department of Environmental Conservation "lu Notice of Incomplete Application - This is NOT a Permit Application ID: 1-4738-03228100004 Batch Number: 706544 Facility: ORIENT WHARF CO PROPERTY 2110 VILLAGE LN;SCTM 1000-24-2-28.1 ORIENT, NY 11957 Contact SUFFOLK ENVIRONMENTAL CONSULTING INC Owner/D: 1474064 PO BOX 2003 BRIDGEHAMPTON, NY 11932-2003 Permit(s) Applied for: 1 - Section 401 - Clean Water Act Water Quality Certification 1 - Article 15 Title 5 Excavation & Fill in Navigable Waters 1 - Article 25 Tidal Wetlands Project Location: in SOUTHOLD in SUFFOLK COUNTY Your application for Permit is incomplete. The following items are required: The Department objects to the proposed dredging landward of the proposed -4' contour line as this area would be considered new dredging and is not reasonable or necessary. The Department requests dredging limits be revised to show dredging to the proposed -5' contour line with a gradual grading on a 1:3 slope to no further landward of the natural contour that exists up to what is now shown as the proposed -4' contour line. Any proposals showing new dredging will be considered major, and will require a $900 application fee. Please send 4 copies of revised site plans and profile plans to my attention. - - Please submit requested information by No further action can be taken until all of these materials are received. Contact Person: Signature:_-_ KENDALI. P KI.FTT NYSDEC Date: June 18, 2013 SUNY @ STONY BROOK150 CIRCLE. RD STONY BROOK, NY 11790 Telephone Number: (631) 444-0363 - p EC IV D JUN 2 4 2013 Peter Young, Chairman Town Hall, 53095 Main Rd. Lauren Standish, Secretary T P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Ql # ~O Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., June 12, 2013 the following recommendation was made: Moved by John Stein, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the application of ORIENT WHARF CO. to dredge roughly 2,150 cy. of material in the area surrounding the Orient Yacht Club in order to maintain the navigability of the harbor. Located: 2110 Village Lane, Orient. SCTM#24-2-28.1 Inspected by: John Stein The CAC Supports the application, however, questions the temporary spoil location and the future use of the spoil. The CAC questions whether this project has DEC approval. Vote of Council: Ayes: All Motion Carried , r v ~ Y~ il. • gt~ , "Pft ~ ti ` a3~s. i .y 's )d R F?~ ~ J 4 FI ..~.t~,k J, O J N d N t H N N .{t rh A t) ~ ax+S4 r pig , r .f.• d `tom 1 k, i rient Warf Company c/o John 4 MAN "b' Tuthill 2110 Village Lane Orient SCTM# 242-28.1 < V-: - Awf -a_ oil I w . 4 Svc* T~ lYE ~ qua i ~ ^ ~ ' X11 f• ry sui James F. King, President FOL* Q~ CA_ P.O. Box 1179 Bob Ghosio, Jr.. Vice-President Zjy Southold, NY 11971 Dave Bergen ? Telephone (631 765-1892 John Bredemeyer Fax (631) 765-6641 Michael J. Domino ~01,~, ,~yor Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: 6'/-2- Suffolk Environmental Consulting, Inc. on behalf of ORIENT WARF COMPANY, c/o JOHN TUTHILL requests a Wetland Permit and a Coastal Erosion Permit to dredge roughly 2,150 cubic yards of material in the area surrounding the Orient Yacht Club in order to maintain the navigability of the harbor; dredged material to be placed in a drying container secured to the wharf which will then be removed to an approved upland source. Located: 2110 Village Lane, Orient. SCTM# 24- 2-28.1 Pe of area to be impacted: -Saltwater Wetland -Freshwater Wetland -Sound -Bay Distance of proposed work to edge of wetland j r G? 4 Paft of Town Cade proposed work falls under: _Chapt.275 _Chapt. 111 -other Type of Application: _/Wetland /Coastal Erosion -Amendment -Administrative-Emergency -Pre-Submission Violation Info needed: i3 Modification&z~d-lef Conditions: Prnt Were: /"J. K'Iprg B. Ghosio / D. Bergen, J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by 6- /i -/3 -M Mailed/Faxed to: Date: ORIENT WHARF COMPANY Property Situate: 21 10 Village Lane, Orient, NY, 11957 SCTM 1000 - 24 - 01 - 28.1 i :a is I I s bob Photop-aph sl loNving the proposed dredging area. Pholop-apll taken from the Orlcnt Whar1'Company pier, facing northeast. ORIENT WHARF COMPANY Property Situate: 2110 Village Lane, Orient, NY, 11957 SCTM 1000-24-01 -28.1 r AiL PAW. t "'777 ~ ~ ~ ~ A?' k ~ ~•,wm ~~.1 a ,n, •st?u r r:" w,..,,. t.-_:'.' r.. } -44 ~ r.. ems„ ~ ~ - 4 z..CI t -PAM x f r ;i Photograph showing the proposed dredging arca. Photograph taken 11-om the landward edge of the Orient XVliarf Company pier, facing northwest. low ORIENT WHARF COMPANY Property Situate: 21 10 Village Lane, Orient, NY, 11057 SCTM 1000 - 24 - 01 - 28.1 A.. -l r r, s t ls, a. '"""tow 1f l l • 1 5aF - ^3eT n • -.'fir Xu 1+ Y I ' I _ Y xy try`: v,~a • ^P. i ~w a_ III i Plxriop-aph showing the proposed dredging area. Photop-aph taken with permission li-oni the neighboring property to the north of' tile Orient `VIlart Company, Gu ing west. 0 ORIENT 9/71JRF COMPJNY u -J Property i -t ate: 2110 Village Lane, Orient, NY, 11957 JAN SCTM 1000 - 24 - 01 - 28.1 i~t 'a,K 4 1!~ COnslrut"UcSii k- Rmitc 6 - SuhJC('L L 1 s` Prolm-tv A 5 t s to ~kb5 M ! q P~A i t x r n » yyr s b ~ I N CD • • nxx~u • L o 14 I ar I 3 SUFFOLK © e sFrnoxw _ RW Pnlpef~TU $e•KZ /play v 24 • 0 ` OFFICE OCAA Annex P.O. ION: hO~~Of SO~ryolo MAILING Bo ADDRESS: 54375 State Route 25 J~ Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) H Southold, NY 11971 Telephone: 935 Fax: 631 765-3136 0UNV, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM D F[D 1 1 2013 To: Jim King, President Town of Southold Board of Trustees ` From: Mark Terry, Principal Planner LWRP Coordinator Date: December 11, 2013 Re: Proposed Wetland Permit for ORIENT WHARF COMPANY, c/o JOHN TUTHILL SCTM#1000-24-2-28.1 Suffolk Environmental Consulting, Inc. on behalf of ORIENT WHARF COMPANY, c/o JOHN TUTHILL requests a Wetland Permit and a Coastal Erosion Permit to dredge roughly 2,150 cubic yards of material in the area surrounding the Orient Yacht Club in order to maintain the navigability of the harbor; dredged material to be placed in a drying container secured to the wharf which will then be removed to an approved upland source. Located: 2110 Village Lane, Orient. SCTM# 24-2-28.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S.. President E CEIN E Via fax and regular mail D July ls, 2013 JUL 1 7 2013 Mr. Jim King, Chairman Souftld wn Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: ORIENT WHARF COMPANY Property Situate: 2110 Village Lane, Orient, NY, 11957 SCTM 1000 - 24 - 01 - 45.1 Dear Mr. King, Kindly adjourn the above referenced permit matter to your regular meeting in August, 2013 in order to allow sufficient time to for the surveyor to amend the dredging plan. Sincerely, Bruce A. Anderson enc. CC: J. Tuthill A. Pasca, Esq. • 0 Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 1 1 93 2-2003 (631)537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President Via fax and regular mail nn June 17, 2013 Mr. Jim King, Chairman Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: ORIENT WHARF COMPANY Property Situate: 2110 Village Lane, Orient, NY, 11957 SCTM 1000 - 24 - 01 - 25.1 Dear Mr. King, Kindly adjourn the above referenced permit matter to your regular meeting in July, 2013 in order to allow sufficient time to address local concerns. I attach a copy of the Affidavit of Posting for your records. Sincerely, Bruce A. Anderson enc. CC: J. Tuthill A. Pasca, Esq. ~O~QgpfFD{,~~oG • James F. King. President C4 Town Hall. 53095 Main Rd. Bob Ghosio, Jr. , Vice-President P.O. Box 1179 Dave Bergen Southold, NY 11971 John Bredemeyer Telephone (631) 765-1892 Michael J. Domino Ol y~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES n E E I V E D TOWN OF SOUTHOLD ''ulvl(uI JUN 1 82013 BOARD OF TRUSTEES: TOWN OF SOUTHOLD SWUM TWO In the Matter of the Application of ORIENT WARF COMPANY, C/o JOHN TUTHILL COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS I, DIOA1 K-1A44 lrK residing at /dba~i> being duly sworn, dep send say: That on the -7Y.,day of Q-7,1" 201 , I personally posted the property known as &10 J)JLI,~ 41 by placing the Board of Trustees official pos er Acre it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday, June 19, 2013. Dated: ~GrA'Q'w" signature) Sworn to before me this /1 dayo ~j Not ublic Mathew D. Ivans Nota,, Pul inc of "Jew York N ;.~,6n A59 Cus!1ficC i,SuiioA County Commission Expucs January 22,201?- 6315375291 . 58:55 06-17-2013 1/1 Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 517-5291 Bruce Anderson, M.S., President a Er Via fax and regular mail D June 17, 2013 JUN 17 2013 Mr. Jim King, Chairman Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: ORIENT WHARFCOWANYPropertp Situate: 8110 Village Lane, Orient, NY, 11967 SCTM 1000 - s4 - 01 -28.1 Dear Mr. King, Kindly adjourn the above referenced permit matter to your regular meeting in July, 2013 in order to allow sufficient time to address local concerns. I attach a copy of the Affidavit of Posting for your records. Sincerely, Bruce A. Anderson enc. CC: J. Tuthill A. Pasca, Esq. James F. King, President ~~Of SUUryo Town Hall Annex Bob Ghosio, Jr., Vice-President ~O 6 54375 Main Road P.O. Box 1179 Dave Bergen # Southold, New York 11971-0959 John Bredemeyer ad+ Michael J. Domino Telephone (631) 765-1592 1~C0~111t1 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only oastal Erosion Permit Application Wedand Permit Application Administrative Permit _Amend menUTtans er/ tension eceived Application: ceived Fee:$ Ceompletxl Application -Incomplete II )l E C E I 19 E _SEQRA Classification: ~lu(UIf Type ]__Type II_Unlisted_ ordination:(datesent) JAN 1 V ).WRP Consistency Asse t Form S 'J Z~~3 AC Referral Sent: s 3D '3 Date of Inspection: fn .7- L5 outhold Town -Receipt of CAC Report: Lead Agency Determination: hnical Review* I Public Hearing Held: (n Resolution: Name of Applicant orient wharf Company - rJo John Tuthill Mailing Address PO Box 243, Orient, NV, 11957 i Phone Number:(631) 323-3548 Suffolk County Tax Map Number: 1000 - 24-2-28.1 i I Property Location: 2110 village Lane, Orland, NY, 11957 I See Attached Location Map (provide LILCO Pole distance to cross streets, and location) I AGENT: James F. Laird - Suffolk Environmental Consulting, Inc. (If applicable) Address: P.O. Box 2003, Bridgehampton, NV, 11932 j Phone: 631 - 537 - 5160 Ad of Truetees Application • GENERAL DATA Land Area (in square feet): -16,650 sf of solid asphalt pier structure i. Area Zoning: M I I Previous use of property:Marlrla / Yacht Club Intended use of property: Marina / Yacht Club Covenants and Restrictions on property? Yes X No If "Yes", please provide a copy. Will this project require a Building Permit as per Town Code? Yes X No If "Yes", be advised this application will be reviewed by the Building Dept. prior to a Board of Trustee review and Elevation Plans will be required. . Does this project require a variance from the Zoning Board of Appeals? Yes X 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? X Yes No Prior permits/approvals for site improvements: Agency Date DEC 0712412003, 06/14/2010, 01/10/2012 L No prior permits/approvals for site improvements. Has any permittapproval ever been revoked or suspended by a governmental agency? ? No Yes If yes, provide explanation: Project Description (use attachments if necessary): r Applicant proposes to dredge roughly.9SGgic yards of material the area surrounding the Orient Yacht Club l c~/i ~l 3 in order to maintain the navigability of the harbor, and in turn maintain the viability of the marina. i Boa*of Trustees Application • WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: The purpose of the proposed dredging is to maintain the safe navigation of Orient Harbor I i I Entire Lot minus Solid Pier Area of wetlands on lot: square feet Percent coverage of lot: 100 % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No V( Yes If yes, how much material will be excavated? 2,125 cubic yards How much material will be filled? 0 cubic yards Depth of which material will be removed or deposited: -5 feet Proposed slope throughout the area of operations: NSA Manner in which material will be removed or deposited: The applicant proposes to use a dredging barge that will deposit the dredged material into a drying container secured to the wharf which i will then be removed by truck 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): Because the site is currently used as a marina, the wetlands and tidal waters in the area in question are already significantly effected. Therefor the dredging of the area will not cause any further harm to the wetlands t ,6315375291 0 145 05-29-2013 2/2_ 0 Hoard of Trustees Application COASTAL EROSION APPLICATION DATA Applicant proposes b d edge muahly 71so cablc ysds of rasodal In the area Purposes of proposed activity: surrounding the Orient Wharf Company pier In order to maintain the navigability of the harbor. Are wetlands present within 100 feet of the proposed activity? No XX Yes Does the project involve excavation or filling? No AA Yes ~el If Yes, how much material will be excavated (cubic yards) /l3 Haw much material will be filled? xX (cubic yards) Manner in which material will be removed or deposited: Dredging spoil will be excavated, drained on site as per the included plans, and transferred to an off-site facility Describe the nature and extent of the environmental impacts to the subject property or neighboring properties reasonably anticipated resulting from implementation of the project as proposed, including erosion increase or adverse effects on natural protective features. (Use attachments if necessary) No impacts to the subject property, or neighboring properties are expected since all of the proposed activity will take place underwater. Any damage to the underwater environment will be negligible since the site is currently in use as a marina, and has already been significantly affected by boating activities. PROJECT ID NUMBER 61720 SEOR 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 I SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. Orient Wharf Company 1PROJECT LOCATION: Municipality Orient County S U ffo i k 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or Provide map 2110 Village Lane, Orient, NY, 11957 See Location Map for Specifics 5. IS PROPOSED ACTION : 0 New D Expansion DodHkation / afteration 6. DESCRIBE PROJECT BRIEFLY: 18~0 Applicant proposes to dredge roughly ~ ~ . cubic yards of material from the area of Orient Harbor in direct vicinity to the Orient Yacht Club which is required maintain safe navigation and use of the marina facility. See attached survey and dredging plan for project specifics. 7. AMOUNT OF LAND AFFECTED: Initially 1.75 acres ultimately 1.75 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? Yes ? No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) F71 Residential 1:1 Industrial iD Commercial [JAgdwlture ? Park I Forest /Open Space Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Loral) P1 O Yes No if yes, list agency name and permit / approval: NYSDEC, Army Corps of Engineers, and NYSDOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? B Yes ONo It yes, list agency name and permit / approval: 1 . AS A R?N ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name Date: Signature If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 0 PART II - IMPACT ASSESSMENT o be completed b 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 ? No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another Involved agency. 0 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, nolse levels, existing traffic pattern, sotd waste production or disposal, potential for erosion, drainage ortlooding problems? Expiate briefi : 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 ldllfe species, significant habitats, or threetsned or endangered spec ? Explain briefly: C4. A communlty's existing plans or goak as liy adopted, are change in use or Intensity of use of lard or other natural resources? Explain briefly. C5. Growth, subsequent development, or related 07ea Ilkety to be Induced by the prop ed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not Idenuned M C1-C5? Explain briefly: C7. Otter Impacts (including changes In use of either quantity or of energy? Explain briefi : D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA? (Ifyes.explabibirlefty: Yes [3 No E. IS THERE, OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? H yes explain: Yes ? No PART 111 • DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed In connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility: (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, thedeterminadon of significance mustevaluate the potential impactof the proposed action on the environmental characteristics of the CEA. Check ttdsbox if you have Identified one or more potentially large orslgntkant adverse Impacts which MAY occur. Then proceed direcilyto the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the Information and analysis above and any supporting documentation, that the proposed actor WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Print or Type Name Responsible officer In Lead Agency This of Responsible Offieer Signature o Responsible Officer In ea Agency Signature reparer (if different from responsible officeo PART 11- IMPACT ASSESSMENT o be co feted b Lead Agency~ A. DOES A&ION EXCEED ANY TYPE tTHRESHOLD IN 6 NYCRR, PART efr.4? It yes, coordinate the review process and use iihe FULL EAF. - Q Yes Q No B. W U FICTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration they be superseded by another involved agency. Yes © No a COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWM: (Answers may be handvMttea, tlegtde) Cl. EAdng air quaft. surface or groundwater quatily, oor quantity. noise levels. ehristhg traffic pater, sofid waste production or disposal, potential lof mosion, drainage of Gooding problems? Explain briefly- - C2. Aesdielio, agllaAWmL ardneeolopkal, thklodo, another natural or cultural resources: or or noglhbodood dhatadert EM(ain bdely C3. Vegetation or fauna, tsh, sheflGshoraperdes, signifiprd habilafs, or mreatenad of endangered;;"~aes? Egr1aM briefly: C4. A con ranttys edsting plans or goals as offchiny adopted, or a-change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, of related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, shori.lerm, cumulative, of other effects not identified in Cl L5? Explain briefly: C7: Qtbar Impacts (Including than es in use of ether uan6t or type of ens ? E lain briefl ; - O. WILL THE PROJECT HAVE AN IMPACT QN THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTALARFJI CEA? if . , bdefl: Q Yes Q No E. Is THERE, OR IS THERE LIKELY TO W_ C_MTR0VjEFW RELATED TO POTENTIAL ADVERSE MENTAL WACTS? lfwasexplairr . .0Yes ©No PART NI - DETEFU NATIOft OF SM ICANCE (To be oorhplated by AgwW) NS7RUCTK)NS. F;weachadvalseeffedldeltthedabovlt,dotmWnewhethertiasubstantaLbme,bve WofodmwiteaignflmtL Eedr etTaot should be ataeet w In oottiasdm wdh ds (a) Gustily (L& turban or MMQ; (b) ply d ooouakW, (c) dufaUM (d) kin rela6lAb, (e) go yq*ft and magndlde. Iff lionsary, add tTaadsnents or refenenee aupporift tndKilab. Enam that o0stletons ceatabr - . ad dosideidlbsbowtlatadfWavantallveraotrlpedshawbowklenddedandadociust tyWoviseed. Ngueat(oadofpartdwasdRclQed yea,thedo0m*w$onafAgnftwmmustevdudetllepotmdWkr WlofthepfeposedeMnontoerl*owmntaldmadeffsdlsduneCFA Chodltiibboztyoutua eW,a AWMolteormorepoEadlatyWWorsoffi ertedversektpadswMMMAYoocuc Then proceed dhectlytoIN FAF andfor prepare a posilive dedarallon. FULI Check tub box tyeuthave determined, based on the btormaton and analysis above and any supporting documentatin. that the p mpaced WILL NOT result in any skolilloant adverse environmental Impacts AND provide, on' atachmerts as necessary, the reasons supporting acillm th . determination. Board of Trustees D Q e-r y 2-013 / n Name of Lead Agency Dale l/ w)~f lL/~ lr President Print or Type ame of Responsible Offic r in Lead Agency Tire of Responsible Officer Ad ~t l , ~gnamre or Resporhsibie unicer In Lead Agency Signature of Preoarer fif dtfemnf fmm ..none Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631)537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President E EIV D D June 12, 201s JUN 1 72013 Mr. Jim King, Chairman Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Be: ORIENT WHARF COMPANY Property Situate: 2110 Village Lane, Orient, NY, 11957 SCTM 1000 - 24 -01 - 28.1 Dear Mr. King, As you know this Firm represents the owner of the property referenced above who is seeking to improve thereon. As per the hearing requirements of the Southold Board of Trustees I enclose herewith: ? Affidavits of Mailing dated June 7, 2013, with certified receipts attached to all abutting property owners. Please be advised that we will forward to you the green receipts cards as we receive them. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you in advance for your attention and consideration. Sincerely, Diane K. Wassick enc. cc: Mr. Tuthill PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: SEE ATTACHED STATE OF NEW YORK COUNTY OF NEW YORK Diane K. Wassick do Suffolk Environmental Consulting. Inc., residing at 2322 Main St.; Newman Village Suite E• P.O. B 2003• Brid eham ton NY 11932 being duly sworn deposes and says that on the day of ~?1,A- . 2013, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post office at Bridgehampton that said Notices were mailed to each of said persons by (certified) (registered) mail. 0 ^ ~Q Sworn to before me this day of2013 Not Public Matthew D. Wans Notzr; Flew York ('9onty ComDnn1,al„oi ary 22, 20t ADJACENT PROPERTY LIST ORIENT WARF COMPANY 1000-24-01-28.1 1000-24-2-27 David Air Clare L Air 315 8th Ave, Apt 12B New York, NY 10001 25.-3-12.1 4 .i imothy T Frost Margaret M Minichini 1995 Village Ln PO Box 636 Orient, NY 11957 26.-1-1.1 Timothy T F st Margaret Minichini 1995 V' lage Ln PO x 636 0 ent, NY 11957 "ZI ~i U.S. Postal Servicei~ CERTIFIED MAIL: RECEiPT r-1 (Domestic Mail Only; No Insurance Coverage Provided) m m a irI~tgiQIAL T71 Ln PoMepe $ 10.66 P S ST9~ oed W Fee u M (Fndomenwd ROQWred) Reakkded DelMiy Fm (7 M1 (EndawmadROWIred) .oo - 7 2013 = row P~ a Few $ 16.31 06/07/2013 C3 ; S&W 7b N 1~_-__--- ~u~~- wPo eoxIft S' N~ Q' I3C ary, anke aP,i Postal Service TIFIED MAII-i RECEIPT r- I (Domestic Mail r CERNo Insurance Coverage Provided) "®Yp F 1PC I A r t0. 5 /0932_.,•.,, ,,n ,a Poeuye $ GAwd Fw $31W 02 O Poebwrk ~i O pstum Receipt Fw ,.FNN. , -e - t-, O (rmdonarnwd Rpuln>d) - j , _ a O M (Endonenwnt~ WWrotll fO OO 7 Tow Pwtepe 6 Few $ f6. Qj %/07/201,3- 0 fL j r-1 D------- . - - G 86wt • W.- ~r orPONO.' ~ Aljl~' La t` - --...l-a-ley.. . ,NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. Or; er+ GJ&rq OWNER(S) OF.RECORD: c1lb Shn I I4+ ; Il SUBJECT OF PUBLIC HEARING: To dredge roughly 2,150 cubic yards of material in the area surrounding the Orient Yacht Club in order to maintain the navigability of the harbor; dredged material to be placed in a drying container secured to the wharf which will then be removed to an approved upland source. TIME & DATE OF PUBLIC HEARING: &)e6nesJay, 07une 19, ate 3 - al-or abo ' ~•'3c~Pm If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection rior to the day of the hearing during normal business days between the hours ofp8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 i Boa&f Trustees Application • County of Suffolk State of New York John Tuthill - Orient Wharf Company 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 REVIEW OF THIS APPY[CATIOP. S' ature of Property Owner SWORN TO BEFORE ME THIS___ DAY OF gt ,20 i o ry Public Matthew D Ivans Notary I Jblic of New York No OtIV6Cb3E59 Qualified in ScflOik County Commission Expires January 22, 20 I t r Soaof Trustees Application • i AUTHORIZATION (where the applicant is not the owner) I John Tuthill residing at PO Box 243 (print owner of property) (mailing address) Orient, NY, 11957 do hereby authorize (Agent) Suffolk Environmental Consulting, Inc. to apply for permit(s) from the Southold Board of T wn Trustees on my behalf. I wner's signature) I i I i i APPLICANT • TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) 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. YOURNAME: Orient Wharf Company c/o John Tuthill (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 or company name.) NATURE OF APPLICATION: Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: Board of Trustees Wetlands Permit Change of Zone 0 Approval of Plat Exemption from Plat or Official Map 0 Other O 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 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship 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); Q B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); 0 C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted thi rdly-of tuLgei Zv/Z Signature: Print Name: J{{, T e Town of Southold Erosion, Sedimentation $ Stone-Water Run-tiff ASSESSMENT FORM PROPERTY LOCATION: s.c.Txr. THE FOLLOWIHe ACTIONS.MAY_REQUIRE THE SUBMISSION OF A 1000- 24 - 02 - 028.1 STORM-WATER.GRADIE O,_D_ E O OS NCONTROL LAN T&fiiTc 'S~cFlon B oC~ -lZ - CET~F~D 84-A~6 11 STO I PRI A ` N TO ITATIR OF N O SCOPE OF WORK - PROPOSED CONSTRUMON ITEM # / WORK ASSESSMENT Yes No a. What Is tie Total Area of the Project Parcels? 1 Will this Project Retain AN Sturm-Water Run-Off (wclude Total Area of all Parcels located within 1.75 acres ± Generated by a Two (2') Inch Rental on Site? the Scope of Work for Proposed Conshuctlon) (SF. Aae) e (This It will Include all run-off treated by site X b. What Is the Total Area of Land Clearing clearing and/or construction activities as well as all - andlor Ground Disturbance for the proposed 1.5 acres ± Site Improvements. and the permanent creation of Imp ervIctis construction a~ (S.F. Move) 2 Does the its Plan section Survey Show All Proposed PROVIDE BR)EF PROJECT DFSCRUMON Wn," dddona Pe a Redxp Drainage Structures Indicating Size 8 Location? This X ? Item shaft Include all Proposed Grade Charges end Applicant proposes to dredge the harbor bottom in the Slopes Controlling Surface Water Flow. immediate vicinity of the Orient Yacht Club in order to 3 Doe, the Site Plan and/or Survey describe the erosion a maintain a safely navigable Marina. See attached survey and sediment Control practices that will be used to X for project details Control she erosion and storm water discharges, This - Item must be maintained throughout the Entire Construction Period. 4 Will Oft Project Require any Land Filling. Grading or Excavation whore there Is a change to th0 Natural Existing Grade Involving more than 200 Cubic Yards _ of Material within any Parcel? 5 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 Reaorements or within One Hundred (100') feel of a Wetland or L=j SubNubn of a SWPPP Is repotted For at Construction activities Involving sol Beach? dishxbeno me of one (1) or rose saes: tecWkV dbhebenms of less than ono awe that 7 WIN there be Sfte preparation on Existing Grade Slopes tie pert of a terser ouarnoo plan tint will uit'enstely dbbxb one or mac awes or land; Which Exceed Fifteen (15) feet of Vertical Rise to X IndudYg construction activities kwdt $ot dbhu0aacos of lea wen one (1) acre where One Hundred (10(Y) of Horizontal Distance? - - the DEC has determined that a SPOES permit Is mquked fa storm waterdiednyes. (SWPPP% ttMll meat the Wnknum Reguir•mnas of are SPDES General Pamdt 8 Will Driveways, ParMng Areas or Oliver Impervious for seam WaW Discharges ken Construction activity . Permit No. GP440001.) Surfaces be Sloped to Direct Swan-Water Run-Of 1. The SWPPP OM be Wepived prior In the sutmklel of the Not. The Not shit be Into and/or In the direction of a Town dghlof-way? submsed in ae DeparbMnt prior to the commencement of omstruWph activity. 2. The SWPPP shat) dewtee the erosion and sediment eoolrot Pectom and Mere 9 Will this Project Require the Placement of Material, reguhad, pwl<arstrubtlon seam water ne spernea precue" and wR be used and/or Removal of Vegetation and/or the Construction of any X caetnK.Md to reduce rite Pollutants In sbrm water disdwges and to esstwe Item Within the Town Right-of-Way or Road Shoulder 0=011a6ea with the tams end cardleas of this ps, in Walon, to SWPPP shat Area?tnY.Mr. we rtoT k,rAge ors arrYiewnatar..w.y Apra.) IderdNypolenbol some" of poMdon which may reaser aNy be expelled No stew the gueNy ofebmn waderdls4ega. NOTE: MAaq Anew to tkreaa m one tyooth tuna Is Answered Wlah s ChwA N.k s. At SWPPPs that require the poattonatnxtbn slam water musgement pecum In a Box end the eonetruNaI acre dlthmbsom Is behwen 5.000 S.F. It 1 Awe M mos. consonant shat be preperel by a genet Design Praesslahat Licensed in New Yak assornwraterL ~G~~ri~~d% alepaa Erwbn Coetroi Planie RW$AvdtylheT~of that a knaNedgeable In tls phheplae and practise of Sban Vft r Mansparonl s-4hw and eerN[be subinMed for ftv pe w wewmra .Amy a Aav perm 1 (NOTE: ACharh Nark(.O) www Ai krt"ougdonte Ro**odfwmOmveeApplm*m) S7 ATju OF ~NEEW YORK, SUFFOLK lis s UN- 1-Y ANDERSON @ SUFFOLK "SS 71hat I ENVIRONMENTAL CONSULTING, INC. being duly swum, deposes and says that he/she is the applicant for Permit, . (NrreakxtvNud egrig DOaxrorx) And that he/she is the AGENT Cf............tcer, ate) (Daman, CcarkaMr, Aaeol, Capone 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 ' the manner set forth in the application filed herewi Sworn to before me this; ~f . 205 NxaryPubhr.. . . sq.,j . PuL F;r't)tPICW'YUtK" a FORM - 0611 OuGUfied in Suffolk County COMMIss'Or Expires January 22, 20/r 0 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for 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. N D C 2 IV 2 D B. DESCRIPTION OF SITE AND PROPOSED ACTION @~ L~ 1/ G SCTM# 24 02 28.1 L I JAN 1 0 2013 The Application has been submitted to (check appropriate response) Southold Town Town Board ? Planning Dept. ? Building Dept. ? Board of Trustees 1. 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: Nature and extent of action: Attach additional sheets if necessary Location of action: 2110 Villa¢e Lane, Orient, NY, 11957 Site acreage: 1.0 Acres t Present land use: Commercial Marina Present zoning classification: 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: ORIENT WHARF COMPANY (c/o John Tuthill) (b) Mailing address: P.O. Box 243, Orient, NY, 11957 (c) Telephone number: Area Code ( 631) 323 - 3548 (d) Application number, if any: N/A 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? NYSDEC; NYSDoS; Army Corps 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 As indicated within Policy 1. "Development that does not reinforce the traditional land use Pattern of the Town of Southold t~Iduld result OA loss of the community and landscape character of Southold.", this project is a proposal to int n the de th of the existin brat slips, utilized b the existing commercial marina to access Orient Harbor to the wbst. Accordingly, we believe.that t~is project is consistent with this policy. Attach additional sheets if necessary 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 Policy 2 is not applicable in that subject marina cannot be deemed a substantial historic and/or archaeological resources.. Attach additional sheets if necessary • 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: ORIENT WHARF COMPANY (c/o John Tuthill) (b) Mailing address: P.O. Box 243, Orient, NY. 11957 (c) Telephone number: Area Code ( 631) 323 - 3548 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® Non If yes, which state or federal agency? NYSDEC; NYSDoS; Army Corps 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. Z Yes ? No ? Not Applicable As indicated within Policy 1. "Development that does not reinforce the traditional land use pattern of the Town of S uth Id Wduld result in loss of the community and landscape character of Southold" this ro'ect is a proposal to intain the depth of the existing boat slips, utilized by the existing commercial marina to access Orient Harbor to the wbst. Accordingly. we believe that this project is consistent with this policy. Attach additional sheets if necessary 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 Policy 2 is not applicable in that subject marina cannot be deemed a substantial historic and/or archaeological resources.. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria ® Yes ? No ? Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the proposal requests for the maintenance dredging of the existing boat slips. Visual quality will not be affected. Therefore, we feel that the instant proposal fully complies with this Policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages S through 16 for evaluation criteria ? Yes ? No ® Not Applicable Policy 4 is not applicable in that the proposal does not involve any potential for loss of life, structures, and natural resources from flooding and erosion. Attach additional sheets if necessary 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 Policy 5 is not applicable because Orient Harbor is not used to supply water in the Town of Southold. Attach additional sheets if necessary 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 Policy 6 is not applicable because the area that is to be dredged is an active marina, and therefore not considered a significant Coastal Fish and Wildlife habitat. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria ? Yes ? No ® Not Applicable Policy 7 is not applicable because this is a ormosal for underwater dredging. Attach additional sheets if necessary 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 Policy 8 is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, and petroleum products. Attach additional sheets if necessary 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 Subject proposal meets Policy 9 in that the maintenance of the existing channel will provide and maintain for public access/recreational use of coastal waters (Orient Harbor from Peconic Bay, and vise versa). Accordingly, we believe that this project is consistent with this policy. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria ® Yes ? No ? Not Applicable Subject proposal meets Policy 10 in that the maintenance of the existing channel will protect the water-dependent uses within the surrounding area. Accordingly, we believe that this project is consistent with this policy. Attach additional sheets if necessary • • Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria ? Yes ? No ® Not Applicable Policy 7 is not applicable because this is a proposal for underwater dredging. Attach additional sheets if necessary 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 Policy 8 is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants. and petroleum Products. Attach additional sheets if necessary 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 Sect proposal meets Policy 9 in that the maintenance of the existino channel will provide and maintain for public access/recreational use of coastal waters (Orient Harbor from Peconic Bay, and vise versa). Accordingly, we believe that this project is consistent with this Policy. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria ® Yes ? No ? Not Applicable Subject proposal meets Policy 10 in that the maintenance of the existing channel will Protect the water-dependent uses within the surrounding area. Accordingly, we believe that this project is consistent with this policy. Attach additional sheets if necessary Policy 11. 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 Polite 11 is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aguaculture, etc...). Attach additional sheets if necessary 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 Policy 12 is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production. etc...). Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No ® Not Applicable Policy 13 is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources proper maintenance of fuel storage facilities and/or the extraction of mineral extraction. Attach additional sheets if necessary Suffolk Environmental Consulting. Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631)537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President noE QE I V Hand Delivered Inl January 10, 2013 u u SAN t ,~y Mr. Jim King, Chairman [v~7 Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: ORIENT WHARFCOMPANY Property Situate: 2110 Village Lane, Orient, NY, 11957 SCTM 1000 - 24 - 01 - 28.1 Dear Mr. King, This Firm represents Mr. John Tuthill, president of the Orient Wharf Company, who is proposing to maintenance dredge Orient Harbor in the vicinity of the Orient Yacht Club. In order to do so, a wetlands permit from your Board is requested. Please find attached: (1) Town of Southold Trustees Wetlands Permit Application (original and two [2] copies); (2) Short Environmental Assessment Form (original and two [2] copies); (3) Local Waterfront Revitalization Program application (original and two [2] copies); (4) Town of Southold Erosion, Sedimentation & Storm-Water Run-off Assessment Form (three [3] copies); (5) Photographs of the marina (three [3] sets); (6) Location Map for reference (three [3] copies); (7) Survey of subject property, prepared by John C. Ehlers, last dated September 25, 2012, indicating the conditions thereon (three [3] prints); (8) Proposed Dredging Plans, prepared by SUFFOLKEN17RONMENTAL CONSULTING, INC., dated October 18, 2012, indicating all project specifications (three [3] prints); Hammarth/ • 0 2 (9) Check made payable to the Town of Southold in the amount of $250.00 covering the requisite application fee. By way of this correspondence, and on behalf of the property owner, I respectfully request for the commencement of review of the attached application, and the subsequent scheduling of this matter before the next available Town of Southold Board of Trustees meeting for permit issuance. Should you have any questions regarding this matter, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, James F. Laird enc. CC: J. Tuthill New York State Department of Environmental Conservation - Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 taboo Phone: (631) 444-0365 Fax: (631) 444-0360 _ Website: www.dec.nv.gov Joe Martens Commissioner December 23, 2013 Orient Wharf Company C/O Linton Duell, Treasurer PO Box 243 n pap D~ Orient, NY 11957-0243 DEC 2 1 2M Re: Permit #1 -4738-03228/00004 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. This permit must be kept available on the premises of the facility at all times and presented upon request. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, ? Kendall P. Kieft Environmental Analyst cc: file; BOH-TW Suffolk Environmental MEN NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC to 1-4738-03228 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: ORIENT WHARF COMPANY ORIENT WHARF CO PROPERTY C/O LINTON DUELL, TREASURER 2110 VILLAGE LNISCTM 1000-24-2-28.1 PO BOX 243 ORIENT, NY 11957 ORIENT, NY 11957-0243 (631) 323-3864 Facility Application Contact: SUFFOLK ENVIRONMENTAL CONSULTING INC PO BOX 2003 BRIDGEHAMPTON, NY 11932-2003 (631) 537-5160 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Orient Facility Principal Reference Point: NYTM-E: 726.2 NYTM-N: 4557.4 Latitude: 41°08'11.0" Longitude: 72°18'17.9" Project Location: 2110 Village Lane Authorized Activity: Applicant proposes to dredge to -5' mean low water an irregular area seaward of mean low low water, adjacent to existing pier and in the vicinity of existing docks and floats. Resulting 2,150 cubic yards of dredge spoil will be temporarily dewatered in a 40 cubic yard capacity roll off dumpster located on existing pier seaward of the timber bridge, then disposed of off site at an approved upland location. All work must be completed in accordance with plans stamped "NYSDEC Approved" on 12/23/13. 1 Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-03228/00004 New Permit Effective Date: 12/23/2013 Expiration Date: 12/22/2018 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-03228/00005 New Permit Effective Date: 12/23/2013 Expiration Date: 12/22/2018 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-03228/00006 New Permit Effective Date: 12/23/2013 Expiration Date: 12/22/2018 Page 1 of 6 A& NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 'Row Facility DEC ID 1-4738-03228 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 i tons inc u d as part of this permit. Permit Administrator: JO WIELA De y Regional Permit Administrator Address: SD REG N, ADQUARTERS UNY ST OOK150 CIRCLE RD STO BR 11790 -3 09 Authorized Signature: Date /2,a o )-l Distribu ' fst SUFFOLK ENVIRONMENTAL CONSULTING INC 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; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS 1. 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. 2. 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 Suffolk Environmental, last revised 9/10/13. 3. 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 Page 2 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 'ROW Facility DEC ID 1-4738-03228 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. 4. Dredging Once Per Year Dredging shall be undertaken no more than once in any calendar year unless specifically authorized by the department. 5. Return Water Discharge Return water discharge from the disposal site outfall shall not scour the shoreline or disturb tidal wetland vegetation. 6. 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. 7. 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. 8. Filter Fabric Curtain Around Dredging Area A filter fabric (turbidity) curtain weighted across the bottom and suspended at the top by floats shall be positioned to enclose the work site before commencing dredging. The curtain shall remain in place and in functional condition during all phases of the dredging operations and remain in place for two hours after dredging termination and turbidity inside the curtain no longer exceeds ambient levels. 9. Grade Channel Side Slopes All side slopes of the dredge channel will have a maximum of 1:3 slope. 10. Prohibition Period for Fish, Shellfish, Birds To protect spawning finfish, shellfish and nesting shorebirds, including threatened and/or endangered species, no regulated activities may occur between A}ilii 4 and September 30, inclusive, of any calendar year. Scn/S J1. No Dredging near Tidal Wetland No dredging shall occur within 65 linear feet of the seaward °Y1'~edge of the high marsh. 12. 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. 13. Leave a Uniform Bottom Elevation All dredging shall be conducted so as to leave a uniform bottom elevation free of mounds or holes. 14. 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 Materials Management (631) 444-0375 and is not covered by this permit. Page 3 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 'ROW Facility DEC ID 1-4738-03228 15. 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. 16. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 17. 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. 18. 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. 19. 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. 20. 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. Page 4 of 6 r NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ~ Facility DEC ID 1-4738-03228 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. 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 1 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, Water Quality Certification, Excavation & Fill in Navigable Waters. 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; Page 5 of 6 r NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03228 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. I 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 permitteds 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 6 of 6 NOTICE OF COMMENCEMENT 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 PERMIT NUMBER: 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 ANYASSOCIATED 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 X X X X X X X NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO: COMPLIANCE Or Fax to: 631-444-0297 Bureau of Habitat- TIN 50 Circle Road Stony Brook, NY 11790-3409 _ oboe PERMIT NUMBER: 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. W20-1 (8187)-9d New York State Department of Environmental Conservation lobe dftw.NOTICE 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. Regional Permit Administrator Permit Number ROGER ~was Expiration Date I~~~C[! L~ NOTE: This notice is NOT a permit New York State Department of Environmental Conservation _ Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 taboo Phone: (631) 444-0403 • Fax: (631) 444-0360 - Website: www.dec.nv.gov Joe Martens Commissioner December 23, 2013 Matt D. Ivans Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: Permit# 1-4738-00706/00032 Dear Permitee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit identified above. Please read all conditions carefully, and please take particular note of Item C: Permittee Responsible for Obtaininq Other Required Permits and Item D: No Right to Trespass or Interfere with Riparian Rights under the section entitled, "Notification of Other Permittee Obligations" on page 7 of 7 of the enclosed 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. In addition, this permit must be kept available on the premises of the facility at all times. Very my yours, Sherri Aicher Environmental Analyst Enclosure NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NEW Facility DEC ID 1-4738-00706 PERMIT Under the Environmental Conservation Law ECL F Permittee and Facility Information Permit Issued To: Facility: PARADISE POINT ASSOCIATION INC PARADISE POINT ASSOC PROPERTY C/O DOUGLAS CIAMPA, PRESIDENT BASIN RDISCTM# 1000-81-01-16.10 23 GLEN WAY SOUTHOLD, NY 11971 COLD SPRING HARBOR, NY 11724 (203) 216-8068 Facility Application Contact: SUFFOLK ENVIRONMENTAL CONSULTING INC C/O MATT IVANS 1000 JERICHO QUAD SUITE 300 BRIDGEHAMPTON, NY 11932-2003 (631) 537-5160 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference' Point:,NYTM-E: 719.4 NYTM-N: 4547.4 Latitude: 41°02'53.8" Longitude: 72°23'22.1" Authorized Activity: Maintenance dredge channel: to boat basin to a maximum depth of 4' below mean low water. Place resultant 700 cu. yds. of dredged material on-site landward of apparent high water. All work must be done in strict accordance with the attached plans stamped "NYSDEC Approved" on December 23, 2013. 1 Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-00706/00032 New Permit Effective Date: 12/23/2013 Expiration Date: 12/22/2023 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-00706/00033 New Permit Effective Date: 12/23/2013 Expiration Date: 12/22/2023 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-00706/00034 New Permit Effective Date: 12/23/2013 Expiration Date: 12/22/2023 Page 1 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ~ Facility DEC ID 14738-00706 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: GEORGE W HAMMARTH, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: Date.: / Distribution List SUFFOLK ENVIRONMENTAL CONSULTING INC Habitat - TW SHERRI L AICHER 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; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS 1. 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 are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. Page 2 of 7 A& r NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 'ROW Facility DEC ID 1-4738-00706 2. 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 site. 3. 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 December 2013 and stamped "NYSDEC Approved" on December 23, 2013. 4. 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. 5. Prohibition for Fish, Shellfish, Birds To protect spawning finfish, shellfish and nesting shorebirds, including threatened and/or endangered species, no regulated activities may occur between January 15 and September 30, inclusive, of any calendar year. 6. Dredging Once Per Year Dredging shall be undertaken no more than once in any calendar year unless specifically authorized by the department. 7. No Dredging near Tidal Wetland No dredging shall occur within 15 linear feet of the seaward edge of the line labeled "edge marsh" as shown on the approved. plans. 8. Storage of Equipment, Materials The storage of construction equipment and materials. shall be confined to the upland area landward of the bulkhead or on a barge. 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 Materials Management (631) 444-0375 and is not covered by this permit. 10. Leave a Uniform Bottom Elevation All dredging shall beconducted so as to leave a uniform bottom elevation free of mounds or holes. 11. Grade Channel Side Slopes All side slopes of the dredge channel will have a maximum of 1:3 slope. 12. Filter Fabric Curtain Around Dredging Area A filter fabric (turbidity) curtain weighted across the bottom and suspended at the top by floats shall be positioned to enclose the work site before commencing dredging. The curtain shall remain in place and in functional condition during all phases of the dredging operations and remain in place for two hours after dredging termination and turbidity inside the curtain no longer exceeds ambient levels. Page 3 of 7 AOL NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ~ Facility DEC ID 1-4738-00706 13. 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. 14. Return Water Discharge Return water discharge from the disposal site outfall shall not scour the shoreline or disturb tidal wetland vegetation. 15. Dredged Materials on the Beach All material deposited on the beach shall be of compatible (equal to or larger) grain size to the naturally occurring beach. If at any time during the dredging operation the composition of the dredged material changes and becomes unsuitable for beach placement, dredging operations shall cease immediately and the office of Regional Habitat - TW shall be contacted with a proposed plan to correct the problem and/or for alternative placement. No further activity will commence without the department's approval. 16. Dredged Materials,above AHW All material shall be placed landward of apparent high water. 17. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 18. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State:,forthe conservation, or improvement of navigation, or for other purposes, andno claim or right to compensation shall accrue from any such damage. 19. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or 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. 20. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. Page 4 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 14735-00706 21. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 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:4 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 permitt and the ECL. Such representative may order the work suspended pursuant to ECL 71 0361 and"§APA401(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. Relat__uship of this Permit to Other Department Orders and Determinations Unless, e?qf essly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department 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 BROOKJ50 CIRCLE RD STONY BROOK, NY] 1790 -3409 Page 5 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NEW Facility DEC ID 14738-00706 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, Water Quality Certification, Excavation & Fill in Navigable Waters. 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 anoffte ermit`condition.' Applications for perniit transfer shouf& be "sunm tted prior ta'actual"trarisfeel of ownership. 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. Page 6 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ~ Facility DEC ID 14738-00706 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 NOTICE OF COMMENCEMENT 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 PERMIT NUMBER: 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 X X X X X X X 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 _ PERMIT NUMBER: 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 ABO VE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. 9&20-1 (Bred-9d - New York State Department of Environmental Conservation v v N OT 1 C E NEW 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. Regional Permit Administrator Permit Number I-L17VL QQ 7d & 1660 3 2 Expiration Date A10 ~a3 NOTE: This notice is NOT a permit Hydrographic Survey N Cross Sections 1" =101 Entrance to Paradise Point Basin We Surveyed: July 2013 5 A - A Amended: August 2013 December 2013 Town: Southold Suffolk County, NY 4 20' wide channel Datum: M L L W S O U T'i cut to -4 MLLW N 1 N Dredging 2 shaded areas of channel to BAY -4 MLLW will generate approx. 700 cy. i I I A ~ N A Bs ~1 r s 1,3 1 I , 20' wide channel A cut to -4 MLLW C ' I c-c I j 11/I I ~o L co ---M IN f i~ place material MEW _ _ _ s?~?! - behind bulkhead ,j & above HW 1 1 1 1 N I ? N G r W j A p l N 00 r O W ~I ~ I I I ~ I 1 / 1 1 7 / I I O 1 1 W / O N W 1 ~ ~ bo , / W O 1D I v Q/ 1 / 217wide channel / • i cut to 1 I -4 MLLW 11 1 11 A ?l W A N fl I N p 1 N All Q ~ O O VI 1 1 7 1 1 , t 11 1 1 1 'S 1 i O 11 1 ' W N O N 11 Ate, 11 b, O J 1 0~, 1 1 N \ ~C,,\ ~ 11 111 1 j 1 fl \ 1 1 \ W A J \ I 111 A 1 Oa 1 1 1 O p 11 1 \ wC 1 1 \ \11 \ \ ~O ' \'Q F. / -Q2 10 IV \ 8/l/ \ ~1( t~.1 \s ? /One 4 yly M~?v Q' ~c \ \ 1.4 0.6 NYSDEC APPROVED ,A> P -Q4 ER TERMS AND CONDITIONS OF PERMIT NO, DATE 73F-00706,10003.-.2- ~2c2vY1 ei t3 \ \ 1,3 5 s` , Q~ t o I ?o -6 N\ Nit u Al ROBERT H. FOX \?3. OP c1 NYS PLS# 50197 PO Bo; 366 Pc' Aquebogue \>z . N Y 11931 Dawn By: IFL Orient Wharf Company Property Scale: N/i Situate: 2110 Village Lane, Orient, NY, 11957 Date:5124/2013 rcdsed 0/20/l3a/80/140/x0/14 SCTM#: 1000 - 24 - 01 - 28.1 C..° nB: OA rl.v adapted ft m dm soncv by lolm C. Ehlers. last rmwd 05/15/2014 Scale: 199=409 \ \ High \ 1 ~ f Ul 1 / ~3 ~I ~h S \ \I ® 1~~~ FO Fes' T ~I • ~ C , ~1 E+~ ~ High i Match ' r~ \ 121, r VAG \ \ F`°°R P` ~l s~ ~ F I ~ ~ ~ Boa' ~ ' h8\Cr / I 6 ° 20, 4 jd I ~ F1xed ~ / \ ~ F j • 1 s / ? _ A .,511" O y~ C ! ~ S Y' ~,~p~~cQV • Fpot ~ R \ F - Filled pier \ \ \ ' V \ I NYSDEC \ n s~ V \ APPROVED AS PER TERMS \ ~inb~ \ P ;orm AND CONDITIONS OF \ \ ----~5---- - 'ERMIT NO. a \ )AT 1.210 3 7M 1~P c b t3 Dfaml M: JU , Suffolk Environmental Consulfing, Orient Wiarf Company PrOpc1'ty Datc5) l12013roised612(j13930!139;1013 Situate: 21101'illagc Lane, Onent, NY, 11957 SC"CA1#: 1000 - 2 t - 01 - Zit. l cnnmucNs: o~cr~ac adwed from the sunrs by ]olio C. E61crs last roised II:i; 15;2II13 II I Scale: 17,_40' k I 0 = Coastal Erosion Hazar(1 Line } locate(1 1.58' lroiii Clearest ~jv proposc(1 tlre(lging Proposed dredging spoil reduced from 2,150 cubic yards to approximately 1800 cubic yards. NYSDEC r1R j APPROVED AS PER TERMS AND CONDITIONS OF =Rtvlih. NO. )ATE l P , i ~4 ~f~ Unmv Bt: IFI. 1 I1:de:.i24"lUl,ircriscd(i'?Ib13 8,30r139 I0 !1'3 Consulting Suffolk Environmental Orient Wharf Co1m any Property Dea':"2' tiitualc 2110 Village Lme, Orient, NY, 11X151" Comments (hviln dauird Gone the sunev LN SL1~1#: 1000-21.-01-28.1 Inlet C. F.Glcr+ lasl rcdscd U, 15 201,3 Rill-Away dump"Icr with 40 cubic yard capacity to be trucked otl'site alter draula;;c and replaced. +k r rHay bAcs lined with Siltation Fencing to alimv 1 t excess Nvater to drain 11-0111 ° i the spoil into the harbor 41 ji, i v y I lav bales secured to the open end of tile dumpster with straps and 01 wood I'e1n10rCenients fi 'a f f z k•rf< :h .u<. .a ;w r w F, NY SDEO MS t ..r. _ 90vFD AS PER i ER MS 40 .ti. .c+~y w n A ..+1-++t w t„ p ti,1+'`N`" nF. +,or3+ a,w..a a+1- fl•s r k ":s~ r,.,h.n.+~ 7 .,y.~,,y 1 ! ~'y S 1-h L 4111y. h-L Wf+ar P ~Kx Ntiryt~~.J~yyy N h 4 ~ 4 ".M' 4 ~ v " Y~ ~Y f l } 'eT C :S k Y ~,Alt`+'r C4 y; i M'Fy YY RSA 'M Y +R~ 4~ A9.Z .1's '1-c ~'4sr{k~ t 9 ; DER NIP .i.-Y.._ ye Y' +i001y Watr k 1a. '-rvp w.~ 0..'S.R; Or DATE 3 P.j;c 3 Orient Wharf Company Property DScale:rawn By By: IFL . Situate: 2110 Village Lane, Orient, NY, 11957 llate:5/2412013 revised 6/20/13,8/30/13 9/10/13 I 1c. SCTM#: 1000 - 24 - 01 - 28.1 Comments: 0%eday adapted Gom the s,, e, by ]olm C Elilen last revised 05115/2013 Scale: i 199=40' I t I APPROVED BY \ tOARD OF TRUSTEES \ I I / T WN OF SOUTHOLD / / - - - ' High is \ DATE I 2111 /CS • \ I 1 q0 Fes' \ %I\ Fa°`\\\ J I High + -t March r, . \ '31 f"Oot \ I 1~ t ' O 0 1, pQ i F\~ / • / / w°` i It ' ' \ ~-s s~ N~CA I If SVC, A" i d t' IF R ~ r I OCT - 1 9013 \ \ shy 1 1 P~ 'I) c Dram BN:IFI. -i-vironniental Consulting., Orient Wharf Company Property S(aIc:NA 'Suffolk Ei Uatc:,i 4L20 13 revised 620 1.3, Ri$Il-l3 Situate `1110 ~•illage Lane, orient, NY, 119;77 SL"1'~1n: 1000 -11- 01 -X8.1 c~~»iniertls: ovellav adapt'-d hall] (11C sulve,~ i„ olio C. F.hlrrs, I;isi n tiscd Il.i l:i 2013 Scale: 1"-40' Ear 7 q e~ro1 W J~ s • 11 ` a tit wm 1 Yhl dgv V~ to y ` ! Op -Awl lo' 3 ' Coastal Eroston Ktz n d Line ~r located 158' fi•onl nearest w proposed (11-edging Proposed dredging spoil reduced from 2,150 cubic t% jo yards to approximately 1800 cubic yards. 2 P Unu~u Bc: IfI. ironmenGal Orient Wharf Company Property Suffo g Siluatc, 2110 Village Lane, Oeicnt, A1', 1'1957 n,ut-:,~ 212o13rc,~sed~",o~)3 8~3(r13 .).1(1.78 SUE NP: 1000 - 2 t - 01 28.1 ConuncNs: O%crla% adap,cd from fhe sum be j~}tu C. Bldcrs as - raisee10, 15'2013 v` - 'S 1 ~I i a Hay bales lined with ! Siltation Fencing to allow f crass water to drain li-o?n F': lhc "pOil into) the llml l- 00-- ! a Hay bales secured to the open end of the ~r x>>,~ ~4R , R h~ ~y r~ dwnpster with straps anti P/' a l X A k.~Y 'vSa~ hra`~c- t ; . q r , r.,y 1{'00(1 re'iif Celnent5 I v f ~ f i+s sarx ~ h n,a ,n ~s ~ ~k.. v vd ~ r ~ i'x e ~s x 1 sy -a L ; r[ n" HYv Aar a tf '~r fir. --a^ #x *~4 _"4y ~,,~,i tt3f Aw w f e I as ,wt+ Cd 7 t a, 4i ?`a a 3 P, DI 11111 Bt-: 11.1. Suffolk Orient Wharf Comimm, Property 8c`l `A 7;;s ` DaIu:5 212013 i c% i cd 6:2043, 8 31113 Situate `?110 Vdlagc Lunc, Orient, AT, 1191'"17 9111,3 S C I N'1 1000 - 21 - 01 - 28.1 Conimcnls: ( )%crlae adamed lion) Ibc sm%cc br tulw C. FlIcis, Iasi raised 0.; 1,5:2013 L"~ I L II 'ryil~.pY~ I NMI ~ T SURVEY OF PROPERTY "THE ORIENT WHARF" E Q E V E D SITUATE: ORIENT ~ 1 TOWN: 5OUTHOLD SUFFOLK COUNTY, NY MAY 2 8 2013 Al SURVEYED 0408-96, UPDATED 06-25-OI, 12-09-03, II-07-2011 Southold Town D WO21 RK 12-2-2011 o trustees UP Pion UPDATED TED 02 02--27-2012, 100-255-2012, II-OI-2012 05-15-2013 i:E ~ LS D \ \ \ ELEVATION5 SHOWN HEREON ARE REFERENCED TO MEAN LON LOW WATER SUFFOLK COUNTY TAX II Y 2 8 2013\ \ \ 1000 -24- 2-28.1 I ~o mola Town \ \ \ j sle a f isle a \ 1 i \ \ \ I 1 1 S \ \ I ) I Ills \ ~ I I \l I I I I I 3~ I f ~ I I r 1 / \0 ' ; High CP Marsh I \ I\ o \ I \ I \ r ~i 0~ 2°, / \ \ \ I \ /0 \i p \ I 1 I ~1 I \I \ ~ r 1 F\°°` / \ \ \ % \ High 1 p F °Pt - H J h° Marsh \ 1 T \ I 2 ~ ~ o F1PPt \ / \ , o S~ 09 N CJ I U 5 0 R\N~ 1 MO~O ISE 2p m ` 4 Ftaat 2 \ l 36 F \ i \ " " \ l~N co j o ljNa o l 14, IfNL o ~ / I 0 Qrj CIS FAO ~X \ \ 1 • 1 mo• I a 20 of X \ \ ~ Fixed _ n J \ i ? \ b \ 9~ OSE ~ T ~ ~I~ o u 35' ~ ~ J .Y \ I\ llmba` / /'20 J / F1PPt i / - ~t f \ '00 \ \ T ` 1 4, 3 nacKS ~ ~ T , 1 ~ F ~ / F1aat " q3 dp~r~t ~ 111 NO/ 100 ~o11d 1 / lRh~'~'P a ~ Boa 1\~ °310 ~~w i 5H0"ER ~ / I In 2HED SNED zha~x~ ' - ~ \ \ kw'm w,th aj. PILING J JOHN C. EHLERS LAND SURVEYOR ORAPHIG SGALE I 30' 6 R 6 EAST MAIN STREET N.Y.S. L1C. NO. 50202 RIVERHEAD, N.Y. 11901 31 i 369-8298 In 369-8287 REF.-\\IIP SERVER\D\PROS\99-246.pro