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HomeMy WebLinkAboutTR-8529 ofd -6-6 Cantrell, Elizabeth From: Hammarth, George (DEC) <george.hammarth@dec.ny.gov> Sent: Monday, March 16, 2015 12:21 PM To: David Bergen Cc: Bredemeyer,John; Michael Domino; Charles J. Sanders (sisyphus3@mac.com); Cantrell, Elizabeth; Nunemaker,Amanda Subject: RE: Letter of Support for Permit Application for the Dredging of Downs Creek. Dave, Thank you very much for the prompt and comprehensive reply. George Hammarth NYSDEC Region 1 From: David Bergen [mailto:bergend@sunysuffolk.edu] Sent: Monday, March 16,2015 10:38 AM To: Hammarth, George (DEC); Hammarth, George (DEC) Cc: Bredemeyer,John; Michael Domino; Charles J. Sanders (sisyphus3@mac.com); Cantrell, Elizabeth; 'Nunemaker, Amanda' Subject: Letter of Support for Permit Application for the Dredging of Downs Creek. George, In response to your request last Friday, I wanted to forward to you recent pictures and rationale from the Southold Town Trustees to support the dredging of the mouth of Downs Creek. The Trustees had the opportunity to perform a field inspection with Mr.Jay Tanski of NY Sea Grant program and Mr. Robert Marsh with your office last summer. After some study of the area, and looking at aerials taken over the last few decades,Jay concluded that the natural flow of sand had been compromised to the point where the newly formed sand spit would in his opinion, continue to migrate to the east and north, until such time as the natural mouth of the inlet closes off. It was his opinion that the work as proposed would re-open the creek at or near the historical entrance, resulting in a clean flow of water and nutrients in and out of the creek. Once this entrance is re-established,the new sand spit will continue to migrate to the north until it Joins up with the natural beach. This should re-establish the barrier beach-which will protect the entrance during storms, plus establish a larger bird habitat. Given the pristine condition of the local surrounding areas,the Trustees hope to see a return of piping plovers and terns to this barrier beach. Rob agreed with Jay's conclusions, noting that the current limited flow of water could be impacting the water quality within Downs Creek. While Downs Creek has limited -human development, it is subject to heavy wild animal presence due to the surrounding natural woods of Downs Farm Preserve and North Fork Country Club. It is suspected that there is a heavy infusion of fecal coliform from animals into this body of water. This requires sufficient flushing to maintain the water quality required to support natural vegetation, benthic organisms,vertebrate and invertebrates plus support a fin fish breading ground. The Southold Town Trustees took this information and feedback into consideration with the approval of our ten year maintenance permit to Mr. McCall for environmental dredging. We strongly recommend your consideration of these critical environmental issues in your review of the pending permit application before the NY DEC. Given the current condition of this area as is demonstrated in the pictures below, we believe that it is critical that this project be completed over the next month to support improved water quality. Without this project, it is our fear that the level of oxygen depletion in the warm summer months plus the lack of opportunity for animal waste to be flushed from the water body,will result in a major detrimental environmental impact on Downs Creek. We thank you for your consideration and encourage you to contact us should you have any additional questions or concerns. 1 t Dave Bergen Southold Town Trustee Sent: Monday, March 16, 2015 10:01 AM To: David Bergen Subject: Photos from entrance to Downs Creek, Cutchogue 2 q N N nila off MASS Y r low-An" Rom a s 8 fan St-} YOU L 3 �.,.,� .n�.. �.�_._.u„�..�.�,�...�.-.-� ,� .. _ -. .. x,m _. �, «� > ._ .,_.` —` .„. �* �� .� .. �r iyirr"'^ _., a o- _ ,.r.,.a. .. �. r r r r J New York State Department of Environmental Conservation Building 40 -SUNY, Stony Brook, New York 11790 Division of Environmental Permits Telephone(631)444-0365 i Facsimile (631)444-0360 October 2,2014 Town of Southold 53095 Main Street PO Box 1179 _ Southold,NY 11971 Attn: Town Supervisor D E C E Re: 1-4738-00219/00008 OCT - 6 2014 Downs Creek New Proposed Outlet Channel 10230 New Suffolk Avenue SUPERVISOR'S OFFICE Cutchogue,NY 11935 TOWN OF SOUTHOLD Dear Supervisor: The NYS Department of Environmental Conservation is considering the above referenced unlisted action(as per the State Environmental Quality Review Act- SEQR),that is proposed within the boundaries of your approved Local Waterfront Revitalization Plan(LWRP). This Department is currently reviewing the proposal pursuant to Article 25 Tidal Wetlands Land Use Regulations. The applicant is proposing to excavate a new 25' —30' outlet channel and close off the existing outlet channel all within NYSDEC Tidal Wetlands jurisdiction. Please evaluate the proposed action pursuant to the policies and purposes of the approved LWRP. —Please provide youragency's comments within 30 days of the date,of this letter. I•have-enclosed•-a copy-of the application for your information. e y s, I Environme al Ana II cc: Downs Creek, LLC Costello Marine File New York State Department of Environmental Conservation _ Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631)444-0365 Fax: (631)444-0360 _ Website:www,dec,ny.��v October 02, 2014 Town of Southold 53095 Main Street PO Box 1179 Southold, NY 11971 Attn: Town Supervisor Re: LEAD AGENCY COORDINATION REQUEST Dear Supervisor: The purpose of this request is to determine under the State Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law and 6NYCRR Part 617 the following: 1. Your agency's jurisdiction in the action described_ below; 2. Your agency's interest in acting as lead agency; 3. Issues of concern your agency believes should be evaluated. Enclosed is a copy of our permit application and a completed Part 1 of the Environmental Assessment Form (EAF) to assist you in responding. Project Name: Downs Creek New Proposed Outlet Channel Location: Downs Creek, 10230 New Suffolk Avenue, Cutchogue, NY 11935 DEC Application # 1-4738-00219/00008: Permit Type: TW/EF/WQ SEQRA Classification: [X] Unlisted DEC Position: [X ] DEC has no objection to your agency or another agency assuming lead agency status for this action, but reserves the right to comment on this action if a positive determination of significance is made. Please respond to my attention within 30 days of the date of this letter. If no response is received within 30 days, we will assume that you have no objection to DEC or another agency assuming the role of lead agency, and have no comments to offer regarding the proposed action at this time. Please feel free to contact this office at 631-444-0359 for further information or discussion. Si 4cerely your , John A. Wieland, NYSDEC cc: Down's Creek, LLC Costello Marine File Alk New York State Department of Environmental Conservation Notice of Incomplete Application - This is NOT a Permit ` Application ID: 1-4738-00219/00008 Batch Number: 767391 Facility: DOWNS CREEK LLC 10230 NEW SUFFOLK AVEISCTM 1000-116-6-4 CUTCHOGUE,NY 11935 Contact: COSTELLO MARINE CONTRACTING CORP Owner ID: 1473719 PO BOX 2124 GREENPORT,NY 11944-2124 Permit(s)Applied for: 1 -Article 25 Tidal Wetlands 1 -Article 15 Title 5 Excavation&Fill in Navigable Waters 1 - Section 401 -Clean Water Act Water Quality Certification Project Location: in SOUTHOLD in SUFFOLK COUNTY Your application for Permit is incomplete. The following items are required: 1)The project is being reviewed pursuant to the State Environmental Quality Review Act (SEQR). A designation of lead agency and a determination of significance for the purposes of SEQR are necessary before your application can be considered complete. 2)Further detail on application Additional Information: (1) Thank you for the $200.00 tidal wetland application fee. However,this proposal constitutes a major action and requires a total tidal wetland application fee of$900.00 dollars. Please submit an additional check for$700.00. (2)A proposal of this nature could benefit from a Project Design Narrative prepared by a Coastal Geologist or Coastal Engineer. Please provide a detailed assessment of the proposal. Potential resource impacts,,benefits and possible mitigatioa measures need to,.be carefully considered. We look forward to receiving the report to assist us in our evaluation of the proposed action. (3)Please complete box 3 on page 1 of 4 of the SEAF you provided. Please submit requested information by No further action can be taken until all of these mater ar rec 'ved. Contact Person: Signature: JOHN A WIELAND NYSDEC Date: Octo er 0 , SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK,NY 11790 Telephone Number: (631)444-0359 14 M-S --" 6�r,�ls�t�' ,7�d G ON7C 'Say V.,cIr-r/rY. MiAF-l' O Opp Fr: _ __�ROPOSE� O.vti+ g,CT2Ee�l1 W/A� ovr�elT�f,Rdlwhr�L, �o�CCRaCx To k-•> .71Il e O,'rC +LwX 75rl^l drl T,tJE exe'.aY�tT r� . <l TEr;2r.4 L ®S X-IGL WI Ny LI-c - Wa'mcc .aow.vs c/2EE� LGC , Q/e AAI53EG4. Mc CAte- 7D.0.1Sq$ 271 EaRexz �-: e�rem oma,ue, N�yC��93.f ♦7 V JaEC7' ®c. 7 fAr0 O� PC 7ZL SS4EGC.rel CCA ?pIVN ter- -ggwr vzrj•. ( ./FSMN,Y A-4C O srY NY Lc c s� awn, N,y 11571 '�7'SSY�•tC,h+G STRdG?SW /0/40 �s/�t.,i.��FFecic �v�• q• Jg cc C•M c CA 4G X75-sA--Iq �!,►c sr 4EL st�+r ---• - O 11,7'e d iMG/lJP 9PL/ud�-11--+® 117L. Hr..4, ��,¢;,��gG,��•,C�d.+ce i7Zt5T //anidyvStr�, or.�.�vL. ��RSaw�L ��'S/rXrtir�t - � _L_��_y__t.c.G--R�'i►.��c��c� jo.O.�arc sib• t��+v,�eri r a�• 1/9WI*. =9c=T�d 1046 Cr •¢ VJMWI- OF 5 _ Aye' As SLrFFo&'G. 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NYS Department of Environmental Conservation 2. US Army Corps of Engineers 3. NYS Office 4. NYS Depart- 1. Services ment of State Check all permits that apply: Check all permits that apply: 13 Stream Disturbance Check all permits that Check if this Coastal Erosion ❑ Section 404 Clean Water Act apply, applies: ❑ Excavation and Fill In Management ❑ Section 10 Rivers and Harbors ❑State Owned Lands ❑Coastal Navigable Waters ❑Wild,Scenic and Act Under Water Consistency ❑ Docks,Moorings or Recreational Rivers Q Nationwide Permit(s)-Identify ❑Utility Concurrence Platforms ❑ Water Supply Number(s): Easement ❑ Dams and Impoundment ❑ Long Island Well (pipelines, Structures ❑Aquatic Vegetation Control conduits, ❑ 401 Water Quality cables,etc.) ❑Aquatic Insect Control ❑Docks Certification Preconstruction Notification- ❑ Freshwater Wetlands Fish Control ❑ Y / ❑ N Moorings or ❑ Incidental Take of Endan- Platforms '❑Tidal Wetlands gered/Threatened Species ❑' I am sending this application ❑ I am sending this I am sending El I am sending this application to this agency. application to this this application to this agency. agency. to this a enc . S. Name of Applicant(use full name) Applicant must be: 6. Name of Facility or Property Owner(if different than DOWNOS CREEK,LLC; LMNY, LLC; REMCC, LLC ❑' Owner Applicant) ❑Operator Mailing Address ❑Lessee Mailing Address c/o RUSSELL MCCALL PO BOX 271 (check all that apply) Post Office City Taxpayer ID(If applicant Post Office City CUTCHOGUE is NOT an Individual): State NY Zip Code 11935 State Zip Code Telephone(daytime) Email Telephone(daytime) Email 404.274.2809 7. Contact/Agent Name 8. Project/Facility Name Property Tax Map Section/Block/Lot Number JANE P.COS7ELL0---PERMIT"MANAGER-ry""" 'DREDGE " " -',_1000=116=6-4.__. _.- --___-___ Company Name Project Location-Provide directions and distances to roads,bridges and bodies of waters: COSTELLO MARINE CONTRACTING CORP. DOWNES CREEK Mailing Address Street Address,if applicable Post Office City State Zip Code PO BOX 2124NY 11935 10230 NEW SUFFOLK AVENUE CUTCHOGUE Post Office City Town/Village/City County GREENPORT CUTCHOGUE SUFFOLK State Zip Code Name of USGS Quadrangle Map Stream/Water Body Name NY 11944 SOUTHAMPTON DOWNES CREEK Telephone(daytime) Location Coordinates: Enter NYTMs in kilometers,OR Latitude/Longitude 631.477.1199 Email NYTM-E NYTM-N Latitude Longitude janecmcc@optonline.net N:40.991 W:72.496 For Agency Use Only DEC Application,Number: USACE Number: ]DINT APPLICATION FORM 09/10 This is a 2 Page Application Application Form Page 1 of 2 Both Pages Must be Completed JOINT APPLICATION FORM-PAGE 2 OF 2 Submit this completed page as part of your Application. 9. Project Description and Purpose: Provide a complete narrative description of the proposed work and its purpose. Attach additional page(s)if necessary.Include: description of current site conditions and how the site will be modified by the proposed project; structures and fill materials to be installed; type and quantity of materials to be used (i.e., square ft of coverage and cubic yds of fill material and/or structures below ordinary/mean high water)area of excavation or dredging, volumes of material to be removed and location of dredged material disposal or use; work methods and type of equipment to be used; pollution control methods and mitigation activities proposed to compensate for resource impacts; and where applicable,the phasing of activities. ATTACH PLANS ON SEPARATE PAGES, *EXCAVATE A NEW 25'-30'WIDE OUTLET CHANNEL FOR CREEK TO PECONIC BAY. *REGRADE BOTH BANKS ON SIDES OF NEW OUTLET. *CONSTRUCT NEW DIKE CLOSING OFF EXISTING CREEK OUTLET CHANNEL REUSING THE EXCAVATED MATERIAL AS FILL FOR THE CLOSING. Proposed Use: ❑' Private ❑ Public ❑Commercial Proposed Estimated 2 WEEKS Start Date: FALL 2014 completion Date: Has Work Begun on Project? ❑Yes El No If Yes,explain. Will Project Occupy Federal,State or Municipal Land? ❑Yes 10 No • If Yes,please specify. 10. List Previous Permit/Application Numbers(if any)and Dates: 11. Will this project require additional Federal, State,or Local Permits Including zoning changes? ❑' Yes ❑ No If yes,please list: ARMY CORPS OF ENGINEERS, NYSDOS, NYSDEC,TOWN OF SOUTHOLD 12. Signatures.If applicant Is not the owner, both must sign the application. `I"hereby-affirm,that•information,provided-on-this form-and-allattachments submitted.herewith.is.true_to..the..best.of_my._.knowledgq___ and belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the applicant accepts full responsibility for all damage, direct or indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and agrees to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from said project.In addition, Federal Law, 18 U.S.C.,Section 1001 provides for a fine of not more than $10,000 or Imprisonment for not more than 5 years, or both where an applicant knowingly and willingly falsifies, conceals,or covers up a material fact; or knowingly makes or uses a false,fictitious or fraudulent statement. Sig; at re pplica nted Name Title Date (it�iS SSELL MCCALL MEMBER Y f igWatur6 of Owner P nted Name Title Date JANE P.COSTELLO PERMIT MANAGER Z�Z7,17- Signature ,1fGSi nature of Agent Printed Name Title Date For Aaency Use Only DETERMINATIolwoF NO PERMIT REQUIRED , Agency Project.Number' has.determined'that No Permit is required from this Agency for the project described In (Agency Name) this application. Agency Representative: Name(printed) Title Signature 'Date 30INT APPLICATION FORM 09/10 Application Form Page 2 of 2 New York State Department of Environmental Conservation v PERMISSION TO INSPECT PROPERTY By signing this permission form for submission with an application for a permit(s) to the Department of Environmental Conservation("DEC"),the signer consents to inspection by DEC staff of the project site or facility for which a permit is sought and, to the extent necessary, areas adjacent to the project site or facility. This consent allows DEC staff to enter upon and pass through such property in order to inspect the project site or facility,without prior notice,between the hours of 7:00 a.m. and 7:00 p.m.,Monday through Friday. If DEC staff should wish to conduct an inspection at any other times, DEC staff will so notify the applicant and will obtain a separate consent for such an inspection. Inspections may take place as part of the application review prior to a decision to grant or deny the petmit(s)sought. By signing this consent form, the signer agrees that this consent remains in effect as long as the application is pending, and is effective regardless of whether the signer,applicant or an agent is present at the time of the inspection. In the event that the project site or facility is posted with any form of"posted"or"keep out"notices,or fenced in with an unlocked gate,this permission authorizes DEC staff to disregard such notices or unlocked gates at the time of inspection. The signer further agrees that during an inspection, DEC staff may, among other things, take measurements, may analyze physical characteristics of the site including, but not limited to, soils and vegetation(taking samples for analysis), and may make drawings and take photographs. Failure to grant consent for an inspection is grounds for, and may result in, denial of the permit(s)sought by the application. Permission is granted for inspection of property located at the following address(es): By signing this form, I aff rm under penalty of perjury that 1 am authorized to give consent to entry by DEC staff as described above. I understand that false statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law.* KX5 it(t AAIC-( (I(. 1� qct-L,, Print Name and Title Signature Date *The signer of this form must be an individual or authorized representative of a legal entity that: • owns fee title and is in possession of the property identified above; • maintains possessory interest in the property through a lease,rental agreement or other legally binding agreement;or is provided permission to act on behalf of an individual or legal entity possessing fee title or other possessory interest in the property for the purpose of consenting to inspection of such property. Permission to Inspect Property Application Supplement 12/08 617.20 Appendix B Short Environmental Assessment Form Instructions for Comnletine Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: DOWNES CREEK DREDGING Project Location(describe,and attach a location map): DOWNES CREEK-10230 NEW SUFFOLK AVENUE,CUTCHOGUE,NY 11935 Brief Description of Proposed Action: 'EXCAVATE A NEW 26-30'WIDE OUTLET CHANNEL FOR CREEK TO PECONIC BAY. 'REGRADE BOTH BANKS ON SIDES OF NEW OUTLET. `CONSTRUCT NEW DIKE CLOSING OFF EXISTING CREEK OUTLET CHANNEL REUSING THE EXCAVATED MATERIAL AS FILL FOR THE CLOSING. Name of Applicant or Sponsor: Telephone: 404.274.2809 DOWNES CREEK,LLC;LMNY,LLC;REMCC,LLC E-Mail: Address: C/O RUSSELL MCCALL PO BOX 271 City/PO: State: Zip Code: CUTCHOGUE NY 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that 0 may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ARMY CORPS OF ENGINEERS,NYSDOS,NYSDEC,TOWN OF SOUTHOLD 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial []Commercial OResidential(suburban) ❑Forest OAgriculture OAquatic ❑Other(specify): ❑Parkland Page 1 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? IfYes,describe: O —1 I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLED Applicant/spo r name: R SSEL 4L.WdM44 Date: '71 /s4 Signature: 5 Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context ofthe proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the El ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or El ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? ❑ ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, El ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, 1:1 Elwaterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage 0 El problems? 11. Will the proposed action create a hazard to environmental resources orihuman health? Part 3-Determination of significance: The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain flow the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 w r ..► i 10230 New Suffolk Ave, Cutcho 'ue, NY,11`936'US}A > 4. r. 0 4 ZAN.r r a 401 t " A, > ' 2014 Googae Cc�aLe-earth a •11 • Russ McCall 8/23/14 oc�TtCTC�.rI -�.. jj .^✓aSu? perp.',},..-�°7."' � '� ,� v' '�, y' �'�yp ON all r Y r .K xr m, C7 to .r^"EE ey 'l,w' •re'''d �M y R* s `4. 4 n �r- ,...,. .1' p c ;,£ d 'n F a Russ McCall 8/23/14 IoWAJS <=Ae --M7 � . WWA" __ r , t x, w `�vfu John M_ Bredemeyer HI, President o�Qgt}�Fp� -�O Town Full,53095 Main Kd_ Michael J. Domino, Vice-President a� Gym P.O. Box 1179 James F_ King x Southold,NY 11971 ( -6 Telephone ee Tl31 Charles J. Sanders � �Y� p ) 765-1892 Dave Bergen Fax(63 I) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK,TO MAKE AN - APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL'BE''CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction '/ constructed 1"0/ Project complete, compliance inspection ,.�- „,.'' r-`;�^s '� ��-,��,� L'aa���S' ,.'"'LT#asaa�..4 ,+wi'A,G�',�,.Y:'ur�axs.Y rkgtxYIl� s.r,:'+.,� �' .. '`•}F,t: .:....�?.t!"' 3'F'.��a'gy. fi`=--- "*'fi :r'swz"Ycn ', .�,�L."x+..di�+ t" v�'?ki�,_ :c'.1 s;.� .Z_n � f _:,'��+ s BOARD OF SOUTHOLD TOWN TRUSTEES , SOUTHOLD,NEW YORKe j PERMIT NO. 8529 DATE: NOVEMBER 19,2014 ISSUED TO: RUSSELL MCCALL E PROPERTY ADDRESS: DOWNS CREEK INLET, CUTCHOCUE ` SCTM# 116-6-6 . AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in s, accordance with the Resolution of the Board of Trustees adopted at the meeting held on November 19,2014, and in consideration of application fee in the sum of$250.00 paid by Costello Marine Contracting Corp. and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit for a 10-Year Maintenance Permit to excavate a new 25' to 30' v '. wide inlet in Downs Creek to Peconic Bay to -2' below mean low water; re-grade both banks on side of new inlet; construct new dike closing off existing creek inlet reusing the approximately 3,000 cubic yards of excavated material as fill for the closing; and as ` depicted on the site plan prepared by Costello Marine Contracting Corp., last dated September 12, 2014 and stamped approved on November 19,2014. ` IN WITNESS WHEREOF,the said Board of'Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of thi te. I h ��1 s CZ :.�. 5 . �'G,F" � • �• �"R:° r,',GJ �i°rye afK r +�.� TERMS AND CONDITIONS The Permittee, Russell McCall residing at 10230 New Suffolk Avenue Cutchogue New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages,of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will,at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the:work involved,but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely,or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application maybe cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required,upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may required supplemental to this permit,which may be subject to revoke upon failure to obtain same. 10. 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. oF SOUS John M. Bredemeyer III, President I, Town Hall Annex Michael J. Domino,Vice-President 54 Main Road P.O..Box 1179 James F. King, Trustee Southold, New York 11971-0959 Dave Bergen,Trustee a� Charles J. Sanders,Trustee � Telephone(631) 765-1892 ��C®m� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 19, 2014 Ms. Jane Costello Costello Marine Contracting Corp. PO Box 2124 Greenport, NY 11944 RE: RUSSELL MCCALL DOWNS CREEK INLET, CUTCHOGUE SCTM# 116-6-6 Dear Ms. Costello: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, November 19, 2014 regarding the above matter: WHEREAS, Costello Marine Contracting Corp. on behalf of RUSSELL MCCALL applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated October 24, 2014, 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 November 19, 2014, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approves the application of RUSSELL MCCALL for a 10-Year Maintenance Permit to excavate a new 25' to 30' wide inlet in Downs Creek to Peconic Bay to -2' below mean low water; re-grade both banks on side of new inlet; construct new dike closing off existing creek inlet reusing the approximately 3,000 cubic yards of excavated material as fill for the closing; and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated September 12, 2014 and stamped approved on November 19, 2014. 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, John M. Bredemeyer III President, Board of Trustees JMB/amn John M. Bredemeyer 111, President 4�oldFFGJ/ Town Hall Annex Michael J. Domino,Vice-President 0 Gy 54375 Route 25,P.O.Box 1179 AID James F. King as At Southold,NY 11971 Charles J. SandersTelephone(631)765-1892 Dave BergenDl � Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Costello Marine Contracting Corp. for Russell McCall Please be advised that your application dated 10/24/14 has been reviewed by this Board at the regular meeting of 1.1/19/14 and your application has been approved pending the completion of the following items checked off below. XX Affidavit of Posting and Proof of Mailing Attached with Certified Mail Receipts Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1St Day of Construction ($50.00) % Constructed ($50.00) XX Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) 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: $ 50.00 BY: John M. Bredemeyer III, President Board of Trustees Town of Southold Board of Trustees PO Box 1179 Southold, NYU j $ `G` 11971 The Weild Family c/o David Weild III 484 Siwanoy Place Pelham Manor, NY 10803 November 16,2014 In Re: Notice to Adjacent Property Owner;SC7M#1000-116-6-6; Downe's Creek,Cutchogue, NY 11935 -Open to public comment on Wednesday, November 19,2014 at 5.30 PM To the Board of Trustees: As an Adjacent Property Owner,we are very interested in the possible consequences of the project. Forecasting what these may be is problematic. For four generations and more than fifty years the Weild family has owned and resided in its Downe's Creek property. We have an anecdotal understanding and intimate knowledge of the natural (and unnatural) history of the creek, its marshlands,sandbars and marine life that extends back many decades. We are concerned with their preservation. Fifty years ago,either the County or the US Army Corps of Engineers routinely dredged the creeks on Great Peconic Bay and trenched the wetlands for mosquito control. These included Downe's Creek, Deephole Creels to the immediate West of Downe's Creek, and Kimogenor Point Creek to the immediate East of Downe's Creek. The last proposal for dredging of Downe's creek was sometime in the 1980's. According to our recollected conversation with the then-patriarch of the McCall Family,Adrian C. McCall (who passed away in 1988)the proposal was rejected because he feared that the proposed dredging--- a channel extending hundreds of yards into Peconic Bay---would erode his concrete barrier wall (see "Concrete Wall"on Sheet 3 of 5 of your"Notice"). As a result of the dredging of Deephole Creek to our West,excavated sand was placed on the beaches to the immediate West of Downe's creek and the"Littoral Drift" (marked on page 3 of 5 of the "Notice"as flowing to the East)caused Downe's Creek to fill in. It also caused the beach which is marked as"Sand" adjacent to the "Concrete Wall" (see sheet 3 of 5 of"Notice")to extend. The original channel into Downe's Creek was west and adjacent to where the project is now proposed. The Weild family has believed for many years that Downe's Creek should have been restored to its original depth and configuration. Failure to do so threatens its adjacent wetlands. We believe that the current plan ("Notice") is incomplete and before we endorse any such plan we would like the following answered to our satisfaction: .......- 1 What is the depth of the channel to be dug7 p g : > ': > > .::: ... `? » > .........:::::.:::::::::::::::::::::::::::::::::::::::::: ............................................................................ ............................................................................ ........................................................................... ............................................................................ ........................................................................... ............................................................................ a 2) Why the channel should not be placed further west, closer to the concrete wall where it had occurred naturally prior to the dredging of Deephole Creek? 3) How far will the channel extend into Downe's Creek? 4) What is the informed prediction of"Littoral drift"within the Creek that would result from changed current flow? The progressive change in the circulation of Downe's Creek has already caused a "Taking" and erosion of wetlands property adjacent(East)of the Weild's property. Years ago,on the East side of the Weild bulkhead,the marshland extended into Downe's Creek. Due to change in tidal flow patterns as a result of the dredging of Deephole Creek and the littoral drift of sand West,the Weild's have observed: 1) The growth of marshland in the center of Downe's creek that did not originally exist. 2) The erosion of marshland on the East side of the Weild property that did not occur until the previous owner of Russell McCall's East Property(see Sheet 3 of 5 of"Notice)engaged in an exercise to fill in the Wetlands to the East of the bridge that resulted in the loss of a channel that ran from the "Bridge"due South and through what is now the "Sand Bar"adjacent to Russell McCall's East most property. The Weild family contributed to the expense of removing the landfill in 19931 1994 but the channel was never restored. 3) The depth of the water immediately in front of the Weild family bulkhead has declined to the point that boats that once could be docked in the creek can no longer be docked. It is the Weild family's concern that the current plan,with the historic loss of the East channel, could result in even greater erosion.of wetlands adjacent to the Weild property. The erosion and preservation of wetlands has been a mutual concern of the Weild and McCall families. In 2013 the Weild family sought permission to restore an eroded portion of the wetlands but the plan was not approved. Since then,the Weild family has been in touch with various wetlands conservationists, including the New York Sea Grant Program at Stony Brook University and the Suffolk County Soil and Water Conservation District, seeking informed advice. The Weild family would like the County to agree to the rebuilding and maintenance of the wetlands adjacent to its bulkhead and provide assurance that the project will not result in any further erosion to those wetlands as a condition of going ahead with the plan. Sincerely, D id Weild III Drue Weild David Weild IV Grant Robley Weild Town of Southold Board of Trustees PO Box 1179 Southold,NY 11971 NOV 1 7 2014 I A e _.._..,___m._r..�._.,...,.,_....:a.... �J u The Weild Family "+ 1 c/o David Weild III 484 Siwanoy Place Pelham Manor,NV 10803 November 16,2014 In Re. Notice to Adjacent Property Owner;SCTM##1000-116-6-6l Downws Creek,Cutehogue,NY 11935 -Open to public comment on Wednesday,November 19,2014 at 5::30 PM To the Board of Trustees: As an Adjacent Property Owner,we are very interested in the possible consequences of the project. Forecasting what these may be is problematic. For four generations and more than fifty years the Weild family has awned and resided in its Downe's Creek property. We have an anecdotal understanding and intimate knowledge of the natural(and unnatural)history of the creek,its marshlands,sandbars and marine life that extends back many decades. We are concerned with their preservation. Fifty years ago,either the County or the US Army Corps of Engineers routinely dredged the creeks on Great Peconic Bay and trenched the wetlands for mosquito control. These included Downe's Greek, peephole Creek to the immediate West of Downe's Greek,and l{imcgenor Point Greek to the immediate East of Downe's Creek. The last proposal for dredging of Downe's creek was sometime in the 1980's. According to our recollected conversation with the then-patriarch of the McCall Family,Adrian C. McCall (who passed away in 1988)the proposal was rejected because he feared that the proposed dredging--- a channel extending hundreds of yards into Peconic Bay-m-would erode.his concrete harrier wall(see "Concrete Wall"on Sheet 3 of 5 of your"Nonce"). As a result of the dredging of Deephole Creek to our blest,excavated sand was placed on the beaches to the immediate Vilest of Downe's creek and the"Littoral Drift"(marked can page 3 of 5 of the"Notice"as flowing to the East)caused Downe's Creek to fill in. It also caused the beach which is marked as"Sand" adjacent to the"Concrete Wall"(see sheet 3 of 5 of"Notice")to extend. The original channel into Downe's Creek was west and adjacent to where the project is now proposed. The Weild family has believed for many years that Downe's Creek should have been restored to its origina I depth and configuration. Failure to do so threatens its adjacent wetlands. We believe that the current plan("Notice")is incomplete and before we endorse any such plan we would like the following answered to our satisfaction. 1) 'what is the depth of the channel to he dug? 2) Why the channel should not be placed further west,closer to the concrete wall where it had occurred naturally prior 1nthe dredging of Deephole Creek? 3) How far will the channel extend into Duwne'9Creek? 4) What is the informed prediction of"Littoral drift"within the Creek that would result from changed current flow? The progressive change inthe circulation ofQowne'oCreek has already caused e"Takino°and erosion of wetlands property adjacent(Eaat)ofthe VVei|d'mproperty. Years ago,onthe East side ufthe VVei|d bulkhead,the marshland extended into Dnvvne'*Creek. Due huchange|ntidal flow patterns asuresult ofthe dredging ofDeepho|eCreek and the littoral drift ofsand West,the VVe8d'shave observed; 1) The growth of marshland in the center of Downe's creek that did not originally exist. 2) The erosion of marshland on the East side of the Weild property that did not occur until the previous owner ofRussell N0c[o||'sEast Property(see Sheet 3of5nf"Nobma)engaged|nan exercise to fill in the Wetlands to the East of the bridge that resulted in the loss of a channel that ran from the"Bridge"due South and through what is now the"Sand Bar"adjacent to Russell McCa||'sEast most property. The VVe|dfamily contributed tothe expense qfremoving the landfill|nI993|1994but the channel was never restored, 3) The depth of the water immediately in front of the Weild family bulkhead has declined to the point that boats that once could bedocked inthe creek can nolonger bedocked. It is the Weild family's concern that the current plan,with the historic loss of the East channel,could result/neven greater erosion ofwetlands adjacent b»the VVei|dproperty. The erosion and preservation ufwetlands has been amutual concern afthe VVei|dand McCall families. ln2Q13the VVeUdfamily sought permission to restore an eroded portion of the wetlands but the plan was not approved. Since then,the Weild family has been in touch with various wetlands conservationists,including the New York Sea Grant Program at Stony Brook University and the Suffolk County Soil and Water Conservation District,seeking informed advice. The Weild family would like the County to agree to the rebuilding and maintenance of the wetlands adjacent to its bulkhead and provide assurance that the project will not result in any further erosion to those wetlands msacondition ofgoing ahead with the plan. Sincerely, DrumVVei|d Dov|dVVei)d|V Grant Robley Weild Nunemaker, Amanda From: Weild, David <DWeild@edwardswildman.com> Sent: Monday, November 17, 2014 10:49 AM To: Nunemaker,Amanda Cc: 'WEILD@aol.com'; David.Weild@Issuworks.com; RWeild@aol.com Subject: Applicant:- Town of Southold - SCTM#1000-116-6-6 - Open to Public Comment on Wednesday, November 19, 2014 - Adjacent Property Owner Statement Attachments: Letter Re Downes Creek Project - SCTM#1000-116-6-6 Signed by Weilds on Nov 16 2014.pdf Amanda:- As discussed, attached in PDF is a self-explanatory letter to the Board of Trustees expressing neither approval nor disapproval of the project but asking questions about its possible impact on our adjacent property which includes wetlands already threatened with erosion. In our conversation this morning you indicated this email and the PDF letter would be placed in the file for consideration.The original letter has been posted this morning for next day delivery. Thank you. David Weild III Edwards Wildman Palmer LLP 750 Lexington Avenue New York, NY 10022 Direct:+1212 912 2944 Fax: + 1 866 512 9910 Main:+ 1 212 308 4411 www.edwardswildman.com Edwards Wildman Palmer LLP has offices in Boston, Chicago, Hartford, Hong Kong, Istanbul, London, Los Angeles, Miami, Morristown NJ, New York,Orange County, Providence,Stamford,Tokyo,Washington DC and West Palm Beach. For more information visit edwardswildman.com. CONFIDENTIALITY NOTICE This e-mail message from Edwards Wildman Palmer LLP, Edwards Wildman Palmer UK LLP, Edwards Wildman Palmer, a Hong Kong firm of solicitors,and Edwards Wildman Danismanlik Hizmetleri Avukatlik Ortakligi, a registered foreign attorney partnership, is intended only for the individual or entity to which it is addressed.This e-mail may contain information that is privileged, confidential and exempt from disclosure under applicable law. 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Edwards Wildman Palmer UK LLP is a limited liability partnership registered in England (registered number OC333092) and is authorised and regulated by the Solicitors Regulation Authority(SRA) and operates an SRA standard complaints procedure 1 (http://www.edwardswildman.comi plaintsprocedure).A list of members' na and their professional qualifications may inspected at our registered office, Dashwood,69 Old Broac._.._et, London EC2M 1QS, UK, telephone+44 207 583 4055. 2 Cantrell, Elizabeth From: Barbara Butterworth <buttergillb@mac.com> Sent: Wednesday, November 12, 2014 6:08 PM To: Cantrell, Elizabeth Cc: Russ McCall Subject: Permit to cut channel to open Downs Creek Dear Members of the Board of Trustees, I cannot attend the meeting on Nov. 19 where the issue of cutting a channel to return the entrance to Downs Creek to its more original pattern is to be discussed, but I would like to use this e-mail to voice my support. I live at 12030 New Suffolk Ave and have watched the channel at the entrance to Downs Creek for the past 65 plus years. While the channel would shift with winter storms,it generally flowed into the bay after turning the corner at the McCall property. NEVER have I seen what is happening today. For the past two plus years,a wall of sand has been coming from the west which has created`a huge sandbar blocking the usual entrance to the creek. The sandbar has grown dramatically over the summer and now extends almost to the osprey nest located several hundred yards from where the beach ends to the west. As a result, water flowing into the creek takes a long path parallel to the beach heading west before turning a sharp corner and returning eastward to the bridge on New Suffolk Ave. The beach itself has been considerably eroded by this channel. I suspect this huge change in the dynamics of water flow in and out of Downs Creek is the result of the dredging of Halls Creek several years ago. The former channel of the creek from near McCall's house to the bay needs to be restored as quickly as possible to assure the natural and open flow of water in and of the creek otherwise it appears to me there is a serious chance that the creek could be closed by a major storm, or the a whole new channel cut that would destroy meadows and upset the ecology of the system. I do hope the permit will be approved and the work happen as quickly as possible. Thank you, Barbara Butterworth 12030 New Suffolk Ave Cutchogue, NY 631-735.6680 1 t John Bredemeyer, President °�®SUFFot��� Town Hall Annex Michael J. Domino, Vice-President �° 54375 Route 25 James F. King y P.O. Box 1179 Charles J. Sanders o • Southold, NY 11971 Dave Bergen X01 ,� ° Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: h Costello Marine Contracting Corp. on behalf of TOWN OF SOUTHOLD requests a Wetland Permit to excavate a new 25' to 30' wide inlet in Downs Creek to Peconic Bay to -2' below mean low water; re-grade both banks on side of new inlet; construct new dike closing off existing creek inlet reusing the approximately 3,000 cubic yards of excavated material as fill for the closing. Located: Downs Creek Inlet, Cutchogue. SCTM# 116-6-6 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 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: J. Bredemeyer� M. Domino /J. King 's C. Sanders D. Bergen Bay Constable Other Form filled out in the field by Mailed/Faxed to: Date: ••s�•XV7 L1.0 -aor'`INS �R�7� 1,4G 10230 New Suffolk Awe cut Ct� •• 5 SA GOoSic a — /SII I/ r �,. earth GoOgIe earth feet meters 100 600 M� .sem a; Kl ... _ f 08 . 23. 2014 .:r., ""°'��.,�.�e� �•a �"•w°"� +� ��I� �-, may, .� .,z�,;-�-��,a�a,.^"•�_ �•- }��- std 8/23/14 .JoWN C,Q�s'K ?.leS�yvT" UVT'G�' r. 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Tom PECONIC ._�1•J `1` 5011 ),re �0 ,T S \ Ny \ ,`a,a,• F.D.29 L.D.45 WEW.ND.,w \PO 90 4Wq • sl ,r —^� COUNTY OF SUFFOLK © °f 7---- "�^ (J '-'--' R I Property Tax Service Agency v ar » s �� I I OFFICE LOCATION: ®�q S® MAILING ADDRESS: Town Hall Annex ® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 �� Telephone: 631 765-1338 Cou 11 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer, President NOV ? Town of Southold Board of Trustees From: Mark Terry, Principal Planner ®_ LWRP Coordinator Date: November 19, 2014 Re: Proposed Administrative Permit for TOWN OF SOUTHOLD/McCall SCTM# 1000-116-6-6 Costello Marine Contracting Corp. on behalf of TOWN OF SOUTHOLD/McCall requests a Wetland Permit to excavate a new 25' to 30' wide inlet in Downs Creek to Peconic Bay to -2' below mean low water; re-grade both banks on side of new inlet; construct new dike closing off existing creek inlet reusing the approximately 3,000 cubic yards of excavated material as fill for the closing. Located: Downs Creek Inlet, Cutchogue. SCTM# 116-6-6 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 actions are CONSISTENT with the Policy Standards and therefore are CONSISTENT with the LWRP. This recommendation was based on the following: 1. Aerial analysis (below) indicates that the channel was subject to shoaling and ultimate formation of a sand spit that forced the channel to the east. This configuration coupled with shoaling limits tidal flow (flushing). The proposal would restore the channel close to the location prior to the formation of the sand spit and would improve flushing of the water body through a connection that would allow more volume of water into the water body during tide cycles. 2. 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Lauren Standish, Secretary P.O.Sox 1 179 �► ' Southold,NY 11971 ► ��` Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., November 12, 2014 the following recommendation was made: Moved by Jack McGreevy, seconded by Keith McCamy, it was RESOLVED to SUPPORT the application of TOWN OF SOUTHOLD to excavate a new 25' to 30' wide inlet to Down's Creek to Peconic Bay. Regrade both banks on side of new inlet. Construct new dike closing off existing creek inlet reusing the excavated material as fill for the closing, approx., 3,000 cy. to -2 below mean low water. Located:_Down's Creek, Cutchogue. SCTM#116-6-6 Inspected by: Peter Meeker, Keith McCamy, Jack McGreevy The CAC Supports the application with the following recommendations: • Widen the inlet to 30' to create a greater flow of water in and out of the creek; and • Construct a jetty on the bay side of the new and wider inlet, on the southwest side of the inlet, to protect the inlet from shoaling in, due to the natural west to east littoral drift. The proposed project is not a permanent solution and will require maintenance dredging. Vote of Council: Ayes: All Motion Carried BE ) NOV 1 4 2014 t Office Use Only oastal Erosion Permit Application Wetland Permit Application Administrative Permit Amendment/Transfer xte sign eceived Application: _V`Rpceived Fee:$ °' ompleted Application Gs _Incompleten �SEQRA Classification: Type I Type 11 Unlisted z f Coordination:(date sent) uy : s h' �WRP Consistency Asses en Form _'' OCT Z 4 2014 3 AC Referral Sent: 4 -ate of Inspection: I I I Z,.:. 4F g Receipt of CAC Report: Lead Agency Determination: - echnical Review: Public Hearing Held:_11/4p�__ Resolution: Name of Applicant TOWN OF SOUTHOLD Address PO BOX 1179, SOUTHOLD,NY 11971 Phone Number:( ) 631-765.1892 Suffolk County Tax Map Number: 1000- 116-6-6 Property Location:DOES CREEK, CUTCHOGUE (provide LILCO Pole#, distance to cross streets, and location) AGENT:COSTELLO MARINE CONTRACTING CORP. (If applicable) Address:PO BOX 2124,GREENPORT,NY 11944 Phone:631.477.1199 I- rd of Trustees Application GENERAL DATA Land Area(in square feet): 221,760 SQUARE FEET Area Zoning:UNKNOWN Previous use of property: UNDERWATER LANDS Intended use of property:SAME-NO CHANGE Covenants and Restrictions: Yes X No If"Yes",please provide copy. Does this project require a variance from the Zoning Board of Appeals Yes X No If"Yes",please provide copy of decision. Prior permits/approvals for site improvements: Agency Date No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes,provide explanation: Project Description(use attachments if necessary):EXCAVATE A NEW 25' TO 30'WIDE INLET TO DOWNES CREEK TO PECONIC BAY. REGRADE BOTH BANKS ON SIDE OF NEW INLET. CONSTRUCT YDXa C NEW DIKE CLOSING OFF EXISTING CREEK INLET REUSIN THE ,3,6°oO e U�« EXCAVATED MATERIAL AS FILL FOR THE CLOSING. f3 Z` Ivw (A) t ward of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: TO OPEN WATERWAY TO MAINTAIN WATER FLOW IN AND OUT OF CREEK. Area of wetlands on lot: 221,760 square feet Percent coverage of lot: 0 Closest distance between nearest existing structure and upland edge of wetlands: 60 feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No X Yes If yes,how much material will be excavated?3,000 cubic yards How much material will be filled? 3,000 cubic yards Depth of which material will be removed or deposited: 2 feet Proposed slope throughout the area of operations: NIA Manner in which material will be removed or deposited: CLAM SHELL BUCKET AND EXCAVATOR 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): The current inlet is shoaled to the point that water flow in and out of the creek is limited. The new inlet will increase the water flow so that the habitat within the creek can continue to thrive. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: DOWNES CREEK DREDGING Project Location(describe,and attach a location map): DOWNES CREEK,CUTCHOGUE,NY 11935 Brief Description of Proposed Action: *EXCAVATE A NEW 25'-30'WIDE OUTLET CHANNEL FOR CREEK TO PECONIC BAY. *REGRADE BOTH BANKS ON SIDES OF NEW OUTLET. *CONSTRUCT NEW DIKE CLOSING OFF EXISTING CREEK OUTLET CHANNEL REUSING THE EXCAVATED MATERIAL AS FILL FOR THE CLOSING. Name of Applicant or Sponsor: Telephone: 631.765.1892 TOWN OF SOUTHOLD E-Mail: Address: PO BOX 1179 City/P®: State: Zip Code: SOUTHOLD NY 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ARMY CORPS OF ENGINEERS,NYSDOS,NYSDEC,TOWN OF SOUTHOLD 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ®Rural(non-agriculture) ❑Industrial ❑Commercial ®Residential(suburban) ❑Forest ®Agriculture ®Aquatic ®Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ® ® ❑ b.Consistent with the adopted comprehensive plan? ® 0 —07 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ 1 a 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ 11N/A 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Z F1N/A 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: THE DOWNES R EK INLEMS LOCATION WILL SLIGHTLY CHANCE THERE W11 I BE No I ISE CHANGES OR ANY INCREASE OR DECREASE IN THE WETLANDS OR WATERBODY. 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: m Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional m Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 2 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ®NO ®YES b.Will storm water discharges be directed to established conveyance systems runoff andstorm drains)? If Yes,briefly describe: NO ES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: Z 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: El I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor n e JANE COST LO,Agent Date: Signature: Part 2-Impact Lment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning Elregulations? [A 2. Will the proposed action result in a change in the use or intensity of use of land? 0 3. Will the proposed action impair the character or quality of the existing community? EI E1_ 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? El 1:1 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ('�( reasonably available energy conservation or renewable energy opportunities? L�I 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? ❑ Page 3 of 4 No,or Moderate small to large impact impact, may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? L�{ 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, ® that the proposed action may result in one or more potentially large or significant adverse impacts and an o6vironmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the pro used action will not result in any significant adverse environmental impacts. 70 Name Qf Lead Agency Date Print orTy ame o Responsible Office in Lead Agency Title of Responsible Officer S' re of Reo e Officer in Lead gency Signature of Preparer(if different from Responsible Officer) '" PRINT Page 4 of 4 y John Bredemeyer, President ®SufFlkt Town Hall Annex Michael J. Domino, Vice-President 54375 Route 25 James F. King y P.O. Box 1179 Dave Bergen s .` Southold, NY 11971 Charles J. Sanders dol , °°� Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES } TOWN OF SOUTHOLD !i N ov 1 8 , BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of �� TOWN OF SOUTHOLD COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS I, pcogk I IO , residing at/dba9ZVP M Q &v o2l A. Ovyitw�_ NY I HA4, being dul sworn, epose d say: That on the lb ;d;a7of 14J01l0tWK , 201�I personally posted the property kn wn as /101 i /EE �C by placing the Board of Trustees official poster where if can easily be seen, ana 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,November 19,2014. Dated: (si Sworn to before me this day ofA61.& c20/y LYNN E STEVENS Notary Public-State of New Perk No.oiST6269424 Qualified in Suffolk County Notar Public Cemnaissi®n Expires d � Applicant: Town of [hold Downes Creek—Inlet Dredge Project SCTM #1000-116-6-6 NOTICE OF HEARING 15 HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Town Hall,53095 Main Road,Southold,New York,concerning this property. OWNERS] OF RECORD: TOWN OF SOUTHOLD SUBJECT OF PUBLIC HEARING: Excavate a new 25 to 30wide inlet in Downs Creek to Peconic Bay to-2'below mean low water.re-grade both banks on side of new int :construct new dike closing off existing creek inlet reusing the approximately 3.000 cubic yids of excavated material as fill for the closing. 6. TIME&DATE OF PUBLIC HEARING_: Wednesday,November 19, 2014-at or about 5:30P.M. u ro'•.nave an interest in this project,you are invited to view the Town filejs)which are ' available for inspection prior to the day of the hearing duringnornta7 business daysbetween the hours of 8 a m,and 4�.m; � --- BOARD OF TRUSTEES'TOWN OF SOUTHOLD (631) 765-1892 `K r r. It h� , Agent: Costello Marine Contracting Corp., PO Box 2124, Greenport, NY 1 1944 Phone:631.477.1 199 1 ........ _.......... . .......... ........... .............. . .........._.._..... . _ _.. Downes Creek' •' ... PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: James W.Milton Revocable Trust 20 Hemlock Road,Short Hills,NJ 07070 SCTM: 1000116-6-2 Russell McCall,JBMNY LLC,Rusty NY LLC 275'Spring;Street SW,Atlanta,GA 30303 SCTM: 1000116-6-3 LMNY LLC,REMCC LLC,Downs Creek LLC P.O.Box 271,Cutchogue,NY 1.1935 SCTM: 1000-116-6-4 Drue Weild Qualified Personal Residence Trust 404>.Siwanoy Place,Pelham,NY 10003 SCTM: 1400116-6-5 Russell C.McCall 275,Spring Street SW,Atlanta,GA 30303 SCTM: 1000116-6-7 Town of Southold P.O.Box 1179,Southold,NY 11571 SCTM: 1000-116-1-7 Dorann K Sheehan Residential Trust 55 Shaun Ridge,Roslyn,NY 11576 SCTM: 1000-116-5-1.2 STATE OF NEW YORK COUNTY OF SUFFOLK K Jame P.Costello D/B/A Costello Marine Contracting Corp. PO Box 2124,Greenport,NY 11944 , being duly sworn, deposes and says that on the 12th day of November , 2014 deponent mailed a true copy of the Notice sit'forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there 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 Greenport(11944) ,that said Notices were mailed to each of said persons by CERTIFIED MAIL/RE'T'URN RECEIPT. Sworn to before me this A ° ' Day of b6✓ 20_x _ LYNN E STEVENS Notary Public-State of New York Y9®.®1ST6269424 Qualified in Suffolk Count Notary Public Co ionxpires' 9N �1t�' ....................... . ........ _ ...................... .. ........ .......... ............ ............... .... .. .I...... ... ........ . .................... ... ......... ......................... .. . ............. ..... ... ......... ......... .......... .. ...... ......... ........................... ... .............. ... �. d � e ems- ------------------- ca Ell rPl �a Postage $ iia Lr) p . M < M Postage $ Certified Fee P f? Certified Fee mi Return Receipt Fee mstmark p (Endorsement Required) Here C3 Return Receipt Fee 'Ie stmark' p 6' p (Endorsement Required) Here Restricted Delivery Fee � f� 6 C 3 (Endorsement Required) , Restricted Delivery Fee C7 (Endorsement Required) Cr' C 3 : Ir ;:�� r� r� James W. Muton Revocable Trust 4+ m Town of Southold 0 20 Hemlock Road C3 P.O. Box 1179 Short Hills, NJ 07078 �' Southold, NY 11571 W ....... . ru -------------- p... �p�... P.S.. - PW 0.+1,n t YIn rrl Postage $ rn Postage $ rrl a;�� rr9 Certified Fee Certified Fee Cvl>s' '.Postmark C�a C3 Return Receipt Fee Here ® Return Receipt Fee ftstmark C3 (Endorsement Required) ® ;(Endorsement Required) G I Restricted Delivery Fee ® Restricted Delivery Fee C3 (Endorsement Required) (Endorsement Required) ® r+moocave C3 TM.1 P-1—A.Reno 4 ' rq Russell McCall,JBMNY LLC M AA m L�rue Weild Rusty NY LLC ��` E3 Qualified Personal Residence Trust ----- sem•-- r` 275 Spring Street SW ____ev_____- --- 484 Siwanoy Place -------------- Atlanta,GA 30303 Pel'haM, NY 10803 ----------------------------- ----------------------------- Er _ a-... .. S hv:F Lrl M Postage M Certified Fee 9 C M' ® Return Receipt Foe Postmark ®, (Endorsement Required) Here o® ® Restricted Delivery Fee �� (Endorsement Required) � M' ®, p a " r� Er LMNY LLC, REMCC LLC s �. - , r Dovrns Creek LLC � f F F n �e.. - '1 P.O. Box 271 m Postage Cutchogue, IVY 11935 o Certified Fee ; ® Return Receipt Fee Postmark ® (Endorsement Required) Here Restricted Delivery Fee ® (Endorsement Required) CV Er..._>. ......;! ......... :.:! ....;! ....... 4-4 Q a � ® ®' " j Russell C. McCall a ® . C 275 Spring Street SW Atlanta,GA 30303 ._____ _________ ru rr Er MPostage $ OCertified Fee _ j Postmark O ® Return Receipt Fee C/55 1:4Hem C3 (Endorsement Required) ., ® Restricted Delivery Fee Q y ® (Endorsement Required) t 4, Q r N C3 F+ U rR rre_' Dorann K Sheehan Residential Trust C3 55 Shaun Ridge Roslyn, IVY 11576 i NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOL® In the matter of applicant: TOWN OF SOUTHOLD SCTM#1000-116-6-6 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: EXCAVATE A NEW 25'-30'WIDE INLET CHANNEL FOR CREEK TO PECONIC BAY. REGRADE BOTH BANKS ON THE SIDES OF THE NEW INLET. CONSTRUCT A NEW DIKE, CLOSING OFF EXISTING CREEK INLET. REUSING THE EXCA VA TED MATERIAL AS FILL FOR THE CLOSING. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows:. DOWNES CREEK, CUTCHOGUE,NY 11935 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: WEDNESDAY,NOVEMBER 19, 2014 AT 5:30PM You may contact the Trustees Office at 765-1892 or in.writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and floes not reference any other agency that might have to review same proposal. PROPERTY OWNERS .NAME: TOWNOFSOUTHOLD 'MAILING ADDRESS: POBOX1179,SOUTHOLD,NY 11971 PHONE #: AGENT: COSTELLO MARINE CONTRACTING CORP. MAILING ADDRESS: PO BOX 2124. GREENPORT.NY 11944 PHONE M 631.477.1199' Enc Copy of sketch or plan showing proposal for your convenience. R AXAMAr- Id"d" r/i I,cCaov-tTaff. ..�i • ��`Go�✓r c .e'3' .�y. ��&�.4.es��' �aT.4',�3a4 N,r�5 T,�-1� ��cc>d Y.ec Axa►-.clef T�2 r.�r G 6i� ,�-✓�t TOWN OF SOL/LThtoLr> • �O PDX 229 SOLIcTrtoLD, NY 11971 - • SCTM sODD-2��-6-ro { Mll 3 m 'e �iJ?,�97" 7Qd'Gorra 49 0$ GG.A.1�C•sec� oft tl7q a'?3'Sl'ixr St.4�'G'T SW • ' S'04PW-016� H,>-11571 AW..e,C.,,A.'`3o36m, r .rztirervrrR Ld,vr� cc C•.IWcC.444 � C !'Id.F7 Qt1� iCD 27V SARWO,.QCT`S jw ,�1",¢SawQG,r�'e'�►.C�+c� o �oc�w�iv 5vs� �.v.�, T'Cc�saM'+N`y m8or5 !®¢Std n/�✓�+�F�at� 4��. • TOWN OF SOLM—to_A PO gDX=79 ►: S®L'tT+fOLD, NY 11971 lip.&JR41".201" am 0, . SCTM 1000-116-6-&Cssr, yrs-®,��' .,toxo S,wFf�ew� ,�6T � S�ALI,I�r�•.�ad�.'JStRScased✓.f� A09RiMC� eo t.4,vw ®fir Jazlf,d `'ry N'Y.Gt'ea �w ol* Sd4►a►� ` • �crw7sl vt.r� 4 e �=� .� � Wt ' :: �iugG►1»""PZ h/i19Y�'J�,L". � "'; :.' rprtw .....� S�'�t"'.'✓�J"®!.!�'L Lr,T v . JA d �{Al+1� -, �-"'"°"sq`"✓ • rSrx?e~'"atT "7'���®NAS A!i>«:4VA7'ff rV&W.2lS`- oust' -C.wfioMN!"4.)Waft lcov grmc ryA� A3cp7w~.VA::--s ' y'�,�t�� Near�?�,e o�av�, dcr•� ' TOWN 0F50LIM-FOL_D / TL.o..d.�l T'D gOX'1179 SO(�tTi+C>L_D, NY 219 1 SGTM 1DD0-116-6-6 1%01 for. 7 t •b✓: BBQ .. ' ,. °� �xc„aY.•rCwnrrdr�reiay_ a-ra+vw/dL T� .dIE.qtr eur=, ZD 7A/L— — Ash !-V 0U7-1— E r C .t4.4 N"�et— ,� im . TOWN OF SOLtTHDLD PO PDX 1179 SC)LATt-!'Ol_D, NY 11971 SO-TMI000-110-6-6 mmmsff meAW:,> Low et!1a. Z/��i �xll�4t4• '' x �cti t .�, �'Q:.�eg eS►[ci.4✓,.tT@Esca/Vjsr7'a',I'?J�,�t o t F oI4.t r•! w oc»t a . -r cti!•4�ww�t. , `! Cb W. 1, TOWN OF SO((T fOL19 � p PO FaOX 1:179 v, SOI.I.T�fOLD, NY 11971 SCTM 1000-1:L6-r-(o _M' Awe• T!O.aAeet�ig4 /I✓•x#V NIUTILt: UF Ht: At< 1NG1 NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Boardof Trustees at the Town Hall, 53095 Main Road, Southold, New York,' concerning this property. OWNER(S) OF RECORD. TOWN OF SOUTHOLD SUBJECT OF PUBLIC HEARING : Excavate a new 25' to 30' wide inlet in Downs Creek to Peconic'Bay to -2' below mean low water; re-grade both banks' on side'of new inlet; construct new dike closing off existing creek inlet reusing the approximately 3,000 cubic yards of excavated 'material' as fill for the closing. TIME & DATE OF PUBLIC HEARING Wednesday, November 19, 2014 - at or about 5 :30P. M If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between` the hours of 8 a.m. and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631)' 765-1892 84 1 of Trustees Application County of Suffolk State of New York Jane P,Costello,Permit,Manager for Costello Marine Contracting;,BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IIS 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 HARMLESSAND 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 APPLICATION. Signature` SWORN TO BEFORE ME THIS C DAY OF ei c hhfl " ,20 LYNN E STEVENS 9QNotary'Public-State of New York NO.01 ST6269424 L• ualified ir.Suffolk County otary Public Connaission Exc h: �0/!o L-*Le� 6 Town of Southold Downes Creek 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 wilding 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 Offic §e F g 3elp y , local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION OCTd 201 4 -° a 6, SCTM# 116 _6 _ .�. n Y The Application has been submitted to(check appropriate response). T 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) El (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,,approval,license,certification: Nature and extent of action: Excavate anew 25'to 30'wide inlet into Downes Creek from Peconic Bay. Regrade both banks on side ofnew inlet. Construct a new dike closing off existing creek inlet reusing the excavated material as fill for the closing. Location of action:DOWNES CREED,CUTCHOGUE Site acreage:5.04 ACRES Present land use:UNDERWATER LANDS Present zoning classification:R40 RESIDENTIAL LOW DENSITY AA 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:TON"OF SOUTHOLD (b) Mailing address:PO BOX 1179 SOUTHOLD,NY 1179 (c) Telephone number:Area Code( )631-765-1892 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes a No If yes,which state or federal agency?NYSDEC,NYSDOS,ACOE 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. ZYes ❑ No ®Not Applicable Our proposal will enhance the habitat within Downes Creek. It will prevent the waterway from becoming oxygen deprived creating a swamp like environment. Armen aamnonai sneers a 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 1 Not Applicable This property has no significant historic 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 6 through 7 for evaluation criteria ® Yes❑ No 0 Not Applicable Our proposal will not having any effect the visual quality of the area or the Town of Southold. 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 8 through 16 for evaluation criteria ❑ Yes❑ No I v J Not Applicable Our proposal will not have any influence on the loss oflife, 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 M Yes ® No WINot Applicable The proposal will not have any impact on the water quality or supply of 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 Currently the mouth to Downes Creek is closing and limiting the water flow into and out of the creek. Our proposal is to create a new opening in a new location. The new location has been chosen to minimize the amount of spoil that must be removed and have an inlet that is easier to maintain. Supporting the water flow into the creek will restore and maintain the ecosystem within this creek. 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 71 Not Applicable This proposal will not have any impact on the air quality of the Town of Southold. 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 7 Not Applicable This proposal will not degrade the environment with solid waste"hazardous substances. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Ye[] No❑✓ Not Applicable Our proposal will not limit the public's ability to access coastal waters,public lands or public resources of the Town of Southold The underwater lands and beach are privately owned. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 91Yes ❑No❑ Not Applicable y This property is used to engage in water-dependent activities such as fishing and kayaking. Motor boats do not use this waterway. Our proposal is to maintain the benthic community and ensure that the ecosystem continues to thrive. 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 Our proposal does promote living marine resources. Downes Creek is within the Peconic Estuary and ensuring that the water flow continues within the creek will enhance the marine resources ability to thrive. 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 7 No[21 Not Applicable This proposal will have no impact on the agricultural lands in the Town of Southold. Attach additional sheets if necessary Policy,13. Promoteappropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. 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