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HomeMy WebLinkAboutFI Yacht Club 12/11/2013 16:02 518-474-6572 NYSDOS LOCAL GOV PAGE 01/09 4 r STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ' ANDREW M. Cuomo 99 WASHINGTON AVENUE CESAR A. PERALES GovERNOR ALBANY, NY 12231.0001 SECRETARY OF STATC FAX MESSAGE 7(v5 TO: MarT,PX d. Fox#• . 061 - �y-�j51 . FROM �I o 1'�L— FAX#: 5)O - 4-73 Ihvisioa of Coastal Resources DATE: Vic, lI� aoi3 RE: cher W04d QW p '. AWMA,GE: Tl��fQ.I.Ol') �p��� � u,�e�G �.1-,� o f/YI,f��'J�/(+��'�• ' }y� azo ae (LM -0411 PJ-4--, �jq- I73Z_ Number of sheets(including this cover sheet): This facsimile transmission may contain confidential or privileged information.which is intended only for use by the individual or entity to which the transmission is addressed. If you are not the intended recipient,you we hereby notified that any disclosure,dissemination,copying or distribution of this nansmissionis strictly prohibited. The ginal of this document will be sertf by: ls will be the only fort of delivery [ ]overnight mail [ ]regular mail mwYdos WAOV E-MAX:WFO@ow.NY.GOV 12/11/2013 16:02 510-474-6572 NYSDOS LOCAL GOV PAGE 02/09 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE January 11,2012 Keith B.Neilson, P.E. g Docko, Inc. P.O. Box 421 Mystic,CT 06355 Re: F-2011-0895 (previously F-2009-0140) U.S. Army Corps of Engineers/New York District Permit Application—Fishers Island Yacht Club-proposed dredging of 63,000 fts area within existing marina, expansion of mooring slips via: installation of a 3T x 9' maip pier extension with seven 30'x 4'finger piers, installation of a 228'x 8'main float with eighteen 20'x 3' finger floats, installation of a 216'x li'main float with thirteen 20'x 3'finger floats,two 20'x 4'finger floats,two 13'x 42'and one 19'x 42'dry-sail floats,all with associated ramps and pilings.Reconstruct or replace existing 12'x 20'dingy float and install a small boat crane landward of AHW.West Harbor, Fishers Island,Town of Southold,County of Suffolk. General Concurrence Dear Mr.Neilson: The Department of State(DOS)received your Federal Consistency Assessment Form and consistency certification and supporting information for this proposal on October 24,2011 and your correspondence On January 6,2012. The correspondence dated January 6,2011 (copy enclosed)confirmed that the U.S.Army Corps of Engineers,New England District authorization for the open-water disposal of dredged materials is not currently under review as part of this file and would.be sgbmitted under separate cover at a later date. DOS does not have the authority to review Activis,rkhatare not currently undergoing review for federal authorization and therefore,the disposal of the drddged material has not been considered as part of this certification. The Department of State has determined that the proposal,as limited to the description in the subject line above, meets the.Department's general consistency concurrence criteria Therefore,further review of the proposed activity by the Department of State, and the Department's concurrence with an individual consistency certification for the proposed activity,are not required. WAKDOS.STATE.NY,US E-WILINFOCCORSTATBNY.US 1 12/11/2013 16:02 518-474-6572 NYSDOS LOCAL GOV PAGE 03/09 F;2011.0595 GC Fishers Island Yacht Club p•2 This General Concurrence is without prejudice to and does not obviate the need to obtain all other applicable licenses,permits,other forms of authorization or approval that may be required pursuant to existing State statutes. When communicating with us regarding this matter,please contact'us at(518)474-6000 and refer to our file#F-2011-0895. Sincerely, .Iy Zappie ' Supervisor,Consistency Review Unit Division of Coastal Resources JZ/jls lone[. cc: COE/New York District—Steven Schumach(NAN-2008-00200)—via e-mail DEC/Region I —Sherri L. Aicher(1-4738-01110/00009)--via e-mail Town of Southold LWRP—Mark Terry—via e-mail Town of Southold Trustees—Lauren Standish for the Board of Trustees—via e-mail Fishers Island Yacht Club,Commodore—Lucinda Herrick—via e-mail 1 2 12/11/2013 16:02 510-474-6572 NYSDOS LOCAL GOV PAGE 04/09 T F i. 0 .cko a Inc. Serving the waterfront community ainae 1987 P.O.Bax 421,Mystic,GT OG355(860)572-8938 Fax:(860)572-7569,email:permitsftodco.com January 6,2012 1 Ms.Jennifer Strut NYS DOS-bnsisteney Review Unit RECEIV"- I Commercial Plaza JAN 0 9 2011 99 Washington Avenuc COASTAL, Albany,NY 12231-0001 Re: Fishers Island Yacht Club Improvements Dear Ms.Street, Following up on our conversation this letter will confirm that we request your concurrence in the onsite improvements for the Fishers Island Yacht Club including dock modifications,dock improvements and miscellaneous re-configuration as well as the dredging.The disposal issues for dredge sediments are being handled by the New England District of the U.S.Army Corps of Engineers in conjunction with the State of Connecticut.We have been asked by the State of Connecticut to hold off on submitting those applicadoa3 documents until approvals for the scope of work at the site have been approved by your office,ee NYS/DEC and the Town of Southold(copy of permits previously transmitted to your office). I trust that you will find this request acceptable for your purposes_Please let me know if the need for any further discussion arises. Yours truly, DOCKZIN Keith B.Neilson,P.E. KBN:cb File:00-03-1078 F.i.Y.C. 3 12/11/2013 16:02 518-474-6572 NYSDOS LOCAL GOV PAGE 05/09 1, 1 xu x4L . r � J u�' ;ll; a '� 'i. � r " �Jy��•YI4 ` '37tC'B � Nr z rl 4 r. a7rV I „ Ail. d$lou+sti ocrodw WMA T ��tI I £ SF Ie I� y♦ lyy4 ' +Nl v" ILtl`UY�J� 4LW'c � W. i.•t. I o�. 11.� 1 - R: ISMGY'S ova waft ...... .�Ilr fi•L€y� ,��' la}G { ��,� $�'�t �' utt0 1"1��3' �W!+11 �+�•w � J yl c� 1. 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'.i„'tr•" 1 r t `�p ,'.' r p r¢ 5 a � '� 1, r�� 1 � Jh J IL��} 4�r .u��'�Hfk�.ln��5 kkB'Jp �r t�T'r Ir•J idt'�,M'iv IY� q,vc�" k1f .: y ,+�L ���`,yy '� ' �' F 1 l r.4i aa�� �M;��:�;�3k�}.,�G ku��* � .1 ��*� 'nn .fiv3.. � 1 t �I *�Y•�h °�'F � w �.L " aMJ ' rW�aG��rrnL{�N,.�ya .bFJ.k`fyfti I "?y!f�&��IF � J'� II yrlr�l5° ��wp1Wk}MSF �.•v Cd * 3 ���n.TCC�.,vi'`H�'?�s1�rY'p"un����'S.^�'�AYl.ls �Riakn� :Y`IP- {T�n.=�Iwi'���'uTt:Sl •'•rite fr�+f�15I1'�� 12/11/2013 16:02 510-474-6572 NYSDOS LOCAL GOV PAGE 06/09 r b .� STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 98 WASHINGTON AVENUE CESAR A. PERALES GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE July'5,2013 Mr.Keith B.Neilson, P.F. Docko, Inc. Post Office Box 421 Mystic, CT 06355 RE: F-2011-0895 U.S.Army Corps of Engineers/New York District Permit Application-Fishers Island Yacht Club- Construct a 37'x T main pier extension with seven 30'x 4' finger piers. Install a 228'x 8'main float with eighteen 20'x Y finger floats,a 216'x 8'main float with thirteen 20'x 3' finger floats,two 20'x 4' finger floats, two 13'x 42'and one 19'x 42' dry-sail floats,all with associated ramps and pilings. Reconstruct or replace existing 12'x 20' dingy float.Install small boat crane landward of apparent high water. Dredge an approximate 63,000 ft'area for approximately 8,650 y'of material. Authorization for the disposal of the dredged material will be sought under a separate application. West Harbor,Town of Southold, Suffolk County General boncuMence-Modification to Previously ed Activity Dear Mr.Keith B.Neilson, P.E The Department of State received your proposed modification of the above-referenced activity on July 24,2013. The Department previously reviewed the on,',ginal modified proposal and concurred with a consistency certification for it,or otherwise indicated it had no objection to authorization of the proposed activity. The proposed modification involves the request to amend the consistency certification to include the Placement of material at the Central Long Island Sound open-water disposal site(CLIS).A suitability determination has been obtained from the U.S.Army Corps of Engineers4 New England District for the confined placement of the Mhers Island'yacht Club dredged material at the CLL The Department of State has determined that this modification of the activity previously reviewed by this Department would not result in coastal zone effects that would be substantially different than those originally reviewed by the Department,and that the modified proposal meets the Department's general consistency concurrence criteria. Therefore,further Department of State review of this modification to the previously reviewed activity,and the Department's concurrence with an individual consistency certification for the MOwV.00S.NY.*0V. • E-MAI 'INFOCOOS.W.GOV 12/11/2013 16:02 518-474-6572 NYSDOS LOCAL GOV PAGE 07/09 F-2011-0895 GCA Fishers W Yacht Club p.d proposed activity,are not required. This General Concurrence is without prejudice to and does not obviate the need to obtain all other applicable licenses,permits,or other forms of authorization or approval that may be required pursuant to existing State statutes. When communicating with us regarding this matter,please contact Jennifer Street at(518)47445000(e-mail: .Ten &r.Street dos.ny.gov)and refer to our file#F-7.011-0895. Sincerely, Jeffrey 7appieri Supervisor,Consistency Review Unit Division of Coastal Resources JZJjIs cc: COE New York District—Steven Schumach COR/New England District—Diane Ray DEC/Region I —Sherry L.Aicher �o 12/11/2013 16:02 518-474-6572 NYSDOS LOCAL GOV PAGE 08/09 CONSISTENCY DECISION RECORD Consistency Review No. F-2013-OXXX ApplicantlAgency: Mr. XXX Description of Proposed Activity: In F-2013-OXXX, [Applicant],is proposing to perform maintenance dredging at the existing XXX, with subsequent partially confined/un-confied disposal of approximately XXX cubic yards of dredged material at the Central Long Island Sound Disposal Site(CLIS). The applicant is seeking authorization for this activity under the U.S. Army Corps of Engineers'Connecticut Programmatic General Permit,previously reviewed and concurred with by the Department of State [see F-2011-0086 (DA)]. The U.S.Army Corps of Engineers,New England District(Corps) with concurrence from the U.S. Environmental Protection Agency(EPA), has determined that the dredged material is suitable for confined open-water disposal at the CLIS. The CLIS is located within Long Island Sound,approximately 5.6 nautical miles south of East Haven, CT. Applicable LIS CMP Policies and Policy Analysis: 1 Policy 4 Minimize loss of We,structures, and natural resources from}looding and erosion. 4.4 Manage navigation Wrastructure to limit adverse impacts on coastal processes. Manage navigation channels to limit adverse impacts on coastal processes by designing channel construction and maintenance to protect and enhance natural prolective features and prevent destabilization ofadjacent areas,and make beneficial use of suitable dredged material. The applicant has prepared an analysis of alternatives that evaluated beneficial use opportunities for this material. Based upon the composition of the sediments,which are primarily marine silt,it has been determined that the materials are not suitable for use beneficially within the current laws and regulations of the State of Connecticut. The proposal seeks to utilize the CLIS, which has undergone the EIS process that has demonstrated the suitability of this location for the placement of dredged materials of this nature,as determined by the Corps and EPA, until the completion of the Dredged Material Management Plan. This proposal is therefore consistent with this policy. Policy S Protect and kwave water quality and supply in the Long Island Sound coastal area. 5.3 Protect and enhance the quality of coastal waters. Protect water quality based on physical factors (Ph, dissolved oxygen, dissolved solids, nutrients, odor, color, and turbidity), healthfactors(pathogens, chemical contaminants, and toxicity), and aesthetic factors (oils,floatables, refuse, and suspended solids). Minimize disturbance of srreams, including their beds and banks, to order to preW hi erosion of soli~ increased turbidity, and irregular variation in velocity, temperature, and level'of Nater. Protect water quality of coastal waters from adverse Impacts associated with excavation,fill, dredging and disposal of dredged material. The CLIS was formally designated as a dredged material'disposal site in 2005 after undergoing a site selection process by the EPA. A Site Monitoring and Management Plan(SMMP)is currently in place for this site and contains best management practices to avoid and/or minimize adverse impacts. The Corps and the EPA have determined that the dredged material is suitable for confined open-water disposal at the CLIS and conditions havc/will be(en)placed on the proposed activity within both the Army Corps and the Connecticut Department Of Energy and Environmental Protection(CT DEEP)permits to avoid and minimize adverse impacts such as time of year restrictions to avoid any wildlife impacts to the surrounding area This proposal is consistent with this policy. t 12/11/2013 16:02 518-474-6572 NYSDOS LOCAL GOV PAGE 09/09 Policy 10,Protect Long Island Sound's water-dependent uses and promote siting of new water dependent uses in suitable locations. 10.6 Provide sufficient infrastructurefor water-dependent uses. ,Protect and maintain existing public and private navigation lanes and channels at depths consistent with the needs of water-dependent toes; Use suitable dredged material for beach nourishment, dune reconstruction, or other beneficial uses;Avoid placement of dredged material in Long Island Sound when opportunities for beneficial reuse of the material exist;Allow placement of suitable dredged material in nearshore locations to advance maritime or port-related functions. provided it is adequately contained and avoids negative impacts on vegetated wetlands and significant coastal fish and wildlife habitats. The applicant has provided alternatives to open-water disposal that have been investigated for feasibility. The dredged material is comprised of predominantly marine silts and has been found to be unsuitable for beach nourishment or nearshore placement,and beneficial upland uscs arc unavailable at this time. The CLIS has undergone the EIS process, which has demonstrated-the suitability of this location for the placement of dredged materials of this nature,as determined by the Corps and EPA.A Site Monitoring and Management Plan (SMMP) is currently in place for this site and contains best management practices to avoid and/or minimize adverse impacts. The placement of dredged material will be conducted in accordance with the SMMPs for CLIS/WLIS. This proposal is therefore'oonsistent with this policy. Summary of Comments from Federal, State and Local Agencies: Public Notice Published in the NYS ,Register on Jf WC,2013. A. Federal Agencies: None S. State Aeeneies:None. C. Local Aggacles:None. D. Public Comments; None. CMP STAFF UCOMMM-ATION The reviewer recommends that DOS concur with the'cotristency certification. REVIEWER: DATE: 2