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HomeMy WebLinkAbout1000-136.-1-47OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 To: From Date: Re: L' MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fac: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM John Bredemeyer, President Town of Southold Board of Trustees Mark Terry, Principal Planner LWRP Coordinator April 18, 2014 Proposed Wetland Permit for NEIL J. & ANN M. COOPER SCTM# 1000-136-1-47 En -Consultants on behalf of NEIL J. & ANN M. COOPER request an Amendment to Wetland Permit #1869 to replace dock with 4'x42' fixed catwalk equipped with (2) sets of 3'x4' steps at landward end; a 3'x16' ramp; and a 6'x20' float equipped with chocks to support float above bottom at low tide; and float secured by (4) 8" diameter piles. Located: 420 Oak Street, Cutchogue. SCTM# 136-1-47 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 determination that the proposed action is INCONSISTENT with the below listed LWRP policy and therefore is INCONSISTENT with the LWRP: 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. A. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. A Wetlands Permit (1869) was amended administratively in 2012 for a dock structure on the parcel. This action proposes to further amend the permitted dock to extend another 121+ further into public waters resulting in a net decrease in public access to/on public underwater lands. The applicant enjoys access to public waters via the existing dock structure. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I, A 11 applicants for perm its* including Town of Southold agencies, shall corn plete this CCA F for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law. This assessm ent is intended to supplem ent other inform ation used by a Town of Southold agency in m a k in g a d e t e r m in a t i o n o f c o n s i s t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non - supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 136 - 1 _ 47 PROJECT NAME Neil & Ann Cooper The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ❑ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) El (c) Permit, approval, license, certification: Nature and extent of action: MAR 10 2014 Amendment to Wetlands Permit #1869, previously administratively amended on December 12, 2012, to replace storm damaged dock with 4'x 42' fixed catwalk (equipped with (2) 3' x 4' steps at landward end); a 3' x 16' ramp; and 6'x 20' float secured by (4) 8" diameter piles (equipped with chocks to support float above bottom at low tide), all as depicted on the project plan prepared by En -Consultants, lat dated January 8, 2014. Location of action: 420 (aka 380) Oak Street, Cutchogue Site acreage: 0.13 acre Present land use: Residential, one -family dwelling Present zoning classification: R-40 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: Neil & Ann Cooper (b) Mailing address: 17 MarwilI Place Roslyn Heights, NY 11577 (c) Telephone number: Area Code 516-484-0554 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No ❑ If yes, which state or federal agency?NYS DEC, USACE, NYS DOS C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ❑ Yes 1:1No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable 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 ❑ Not Applicable The replacement and extension of the existing, permitted dock structure will not result in a significant or adverse change to the visual or scenic quality of the site, as the structure will remain generally consistent in size and scope with both the existing and other dock structures that characterize this residentially developed waterfront. 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 ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ® Yes ❑ No ❑ Not Applicable To the extent that Policy 5 is applicable to the project, the existing dock to be removed is constructed entirely of treated lumber, and the new dock will be constructed with untreated decking, thus resulting in a decrease in the amount of treated timber located over the surface waters and wetlands. 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 As a dock has historically existed at this site for several decades and numerous other dock structures characterize this residentially developed shoreline, the proposed reconstruction and extension of the presently permitted dock to reach improved water depths at mean lower low tide as requested by the NYS DEC, will not create any "fragmentation of ecological communities; nor will it result in the physical loss, degradation, or functional loss of ecological components, as the new dock will be placed in the same location as the existing; will be of open -pile construction and elevated above grade of vegetated marsh; and will utilize untreated, open -grate decking, all to allow for the persistence of marsh vegetation beneath it. As such, the project will meet the statutory and regulatory requirements of NYS DEC and Town Code Chapter 275, Wetlands, and will be consistent with Policy 6. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes [:]No ® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ® Yes F-] No F-] Not Applicable The project will in no way impede navigational or other access to or recreational use of the adjacent coastal waters or public lands, and newly proposed steps are being proposed to both sides of the catwalk to allow for unobstructed pedestrian access along the shoreline. Attach additional sheets if necessary WORKING COAST POLICIES policy 10. Protect Southold's water -dependent uses and promote sitiof new water -dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56ng for evaluation criteria. ❑ Yes ❑ No ®Not Applicable 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 Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED BY Amended on 811105 TITLE Coastal Management Specialist DATE 2/26/14 James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino December 12, 2012 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Neil J. & Ann M. Cooper 17 Marwill Place Roslyn Heights, NY 11577-1212 RE: NEIL J. & ANN M. COOPER 420 OAK STREET, CUTCHOGUE SCTM# 136-1-47 Dear Mr. & Mrs. Cooper: Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax(631)765-6641 The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, December 12,2012: RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit #1869 to repair the existing storm damaged dock which consists of 4' wide steps leading to a 4'x32' fixed dock with two proposed handrails, a 3'x15' ramp, and a 6'x18' floating dock; and as depicted on the revised project plan prepared by Neil J. Cooper, received on November 26, 2012 and stamped approved on December 12, 2012. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, o� James F. King President, Board of Trustees JFK:amn x to APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE 12— NOV 2 6 9012 4---- ( 1 10 / Board Cif 5-buth flow Trusteestees SOUTHOLD, NEW YORK Mooring # N/A PERMIT 1 NO 18 s 9 ...... DATE Aug.. 314. 19 Q _Nei1 J. Cooper ». _..._ .w x.. ttl4artz+a tett 'UrsuaO4. tie pro jiegtts .oaf Chapter ,b15: at the;�.Laws `'9 atwQf ik1Cf i893i.*d Chapter filet�a Wi Qf i !*k 1932.E abew'Wn.Ordeae ei+ b.: AND T. P/C1NCF JBT0 `RNUTSRUMORS ' r+ 1 441D DN Ti31�1/N W,�ITERS ANp ;PU6i�lCA> %andAPAA,IOF ► Q, C�RAV'€L OR O'THtat MALS FRO dNUNbER' `fOWhl 1NATERS : ,"d in. a aordance with f}ie ". 6fioti of The,. Board adopted at a meeting held orf AU91VAGJ.0 And its consWootton...of the sura of t� Neil J. »... Cooper............ »_ t CuAr_ ue ....� ...... _..� ..» ., . �....:.» . ..» .. ».,._ N. Y.: and. sob dact to the .Terms.. and %ons listed ,ons. r e the TOve. } ; of 'SoutWd Thwn Trustees. authwhes bnd perM001 %nowt. W. k' Application approved- under the GraiiidfatherClause ,secure z+ :permit fora ramp >•pd,' deck in East Cf4 as per applicationsubmitted. ON , in accordance with the detailed specifications as pmteroed in the originating -application. p: k _ 4N WITNESS WHEREOF, The said Board of T stens hsro- ` by anuses, ds Cc di Seaf :to be aifixed,_and these. events to be subsen`bed :by a majority of the . d:.as Qf f is .,,ciatA. Z4 1z i _ :: Name of Creek: BOARD OF TOWN TRUSTEES TOWN OF SOLTHOLD. Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 GRANDFATHER APPLICATION Dot f YYry . 3�a TELEPHONE (516) 765-1892 1. Name of Applicant: N e 1 J . �^woTQ l _ •� 2. , Address of Applicant: M0 A �l fi . ra-i 3. Telephone Number: 4. Year of Construction: bill R tub ingw., , 5.• Sketch of the work including sizes: y / 3� r y 6. Mark.off on the map attached, where your property is located using an X. Signature: Please note that they is -a $5.00 filing fee, which is a one time fee, for this applicion. Mooring Applications- $5.00 Application Fee and a $5.00 annual renewal fee each .year. S.C.T.M. NO. DISTRICT: 1000 SECTION: 136 BLOCK: 1 PIERCE DRIVE N T 00n O to EL 17. MON. EL 18 3 z + +w Uj + #2 WU- EL (3.9 rjj I N F+1 0 w W O„ � O T 0 3.7. � W.M. COO U� i kp oNko I �V r O z 0 EL 11.8 2.0 a OZZltt PI E LOT(S):47 RAMP FLOATING DOCK PILE TIDAL WETLAND BOUNDARY AS FLAGGED BY CAT WALK 3 1.4 EN -CONSULTANTS I LOT 20 �\ N82001 ' 10 "E 56.0' 1 STY FRM. DWELLING #420 23.6' FFL EL 17.8 N ASPHALT DRIVEWAY II BRICK WALK + 10 EL 17.3 0.3'S U.P. S82001 '10 "W 119.43' 1.4's EL 15.4 EL+13. + :p BRICK LOT 19 12.0' PATIO iv WOOD — — o DECK wm 1 LOT 18 EL 12.8 EL 14.7+ EL 12.3+ 116.69'00 0 LOT 17 0% V4 \ SEAWARD EDG OF INTERTIDAL THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCA TIONS SHOWN ARE FROM FIELD OBSERVATION'; AND OR DATA OBTAINED FROM OTHERS. AREA: rj, 787.93 SQ.FT. or 0.13 ACRES ELEVA7701V DATUM. -Y4LVK ------------------- UNAUTHORIZED AL TERA 7701V OR ADD17/01V TO THIS SURVEY IS A VIOLA TION OF SEC71ON 7209 OF THE NEW YORK STA TE £DUCA 77ON LAW. COPIES OF THIS SURVIFY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS7/TU77ON LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INS717U7701V, GUARANTEES ARE NOT TRANSFERABLE 774E OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADDITIONAL STRUCTURES OR AND 07HER IMPROVEMENTS EASEMENT; AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT 7HE 77ME OF SURVEY SURVEY OF: LOTS 18 & 19 INCL. CERTIFIED TO: NEIL & ANN COOPER; MAP OF: EUGENE HEIGHTS _ FILED: OCT. 29, 1928 No.856 SITUATED AT: CUTCHOGUE TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING. PL).0 SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Boz 153 Aquebogue, New York 11931 FILE p 13- 1 1 1 SCALE: 1 "=20' DATE: AUG. 1, 2013 -- PHONE (691)296-1688 FAX (681) 298-1689 N. Y.S. LISI.. Ni%. 050882 maintaining the records of Robert J. Hennessy k Kenneth M. Woyc?uk 550'±-—--- wN�y Fr -1 >\ REMAINS OF DAMAGED CATWALK I 1 GPI H U) w �n C FEB - 7 2014 I - 1.3 DOCK F`OPltG -1.6 OBSERVED JULY 26, 2073 + #2 ML W EL 0.0 EL (3.9 rjj I ~ T 0 3.7. � � +L/ W i I ! cy I �V r 3.2 0 0 —0.5 —0�8 IELS{ 1 tJl PILE , O r ro � 0 ----- -� PILE 116.69'00 0 LOT 17 0% V4 \ SEAWARD EDG OF INTERTIDAL THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCA TIONS SHOWN ARE FROM FIELD OBSERVATION'; AND OR DATA OBTAINED FROM OTHERS. AREA: rj, 787.93 SQ.FT. or 0.13 ACRES ELEVA7701V DATUM. -Y4LVK ------------------- UNAUTHORIZED AL TERA 7701V OR ADD17/01V TO THIS SURVEY IS A VIOLA TION OF SEC71ON 7209 OF THE NEW YORK STA TE £DUCA 77ON LAW. COPIES OF THIS SURVIFY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS7/TU77ON LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INS717U7701V, GUARANTEES ARE NOT TRANSFERABLE 774E OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADDITIONAL STRUCTURES OR AND 07HER IMPROVEMENTS EASEMENT; AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT 7HE 77ME OF SURVEY SURVEY OF: LOTS 18 & 19 INCL. CERTIFIED TO: NEIL & ANN COOPER; MAP OF: EUGENE HEIGHTS _ FILED: OCT. 29, 1928 No.856 SITUATED AT: CUTCHOGUE TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING. PL).0 SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Boz 153 Aquebogue, New York 11931 FILE p 13- 1 1 1 SCALE: 1 "=20' DATE: AUG. 1, 2013 -- PHONE (691)296-1688 FAX (681) 298-1689 N. Y.S. LISI.. Ni%. 050882 maintaining the records of Robert J. Hennessy k Kenneth M. Woyc?uk 550'±-—--- wN�y Fr -1 >\ REMAINS OF DAMAGED CATWALK I 1 GPI H U) w �n C FEB - 7 2014 I - 1.3 DOCK F`OPltG -1.6 _ 50alk Calfaa hawk- Nap's 2000, EAST gC g CUTCHOGUE .g m Peconic Bay dViner{ Ex PILE -1.3+ 4' x 42' FIXED CATWALK -O 8+ ACw -0 W Im \ (2) PROPOSED \ v, 3' x 4' STEPS GI.t / O Z9 ±55' ± ral: EN -CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 D E n rid FEB - 7 2014 R e ��F o x EAST CREjRK (±550- TO OPPOSITE SHNE --- -(4) 8" PILES TO SECURE FLOAT AND PROVIDE CHOCKS FOR FLOAT / 6' x 20' FLOAT 3' x 16' RAMP � Ex. PIE / / 7 I REMAINS OF STORM DAMAGED (HURRICANE SANDY) DOCK TO BE REMOVED Notes: 1. Purpose, Ware 5tom damaged ( hurricane Sa*) with rlew dads to maws m private, BRICK 1 STY FRU. rarammercid boat dockage PATIO 2, DWELLING 2 Water depths ( referenced to M1,M) tramwLed WOOD from h4droq-ophic %rvq prepared 64 Kawth M. DECK EN -CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 D E n rid FEB - 7 2014 R e ��F o x EAST CREjRK (±550- TO OPPOSITE SHNE --- -(4) 8" PILES TO SECURE FLOAT AND PROVIDE CHOCKS FOR FLOAT / 6' x 20' FLOAT 3' x 16' RAMP � Ex. PIE / / 7 I REMAINS OF STORM DAMAGED (HURRICANE SANDY) DOCK TO BE REMOVED ADJ. CONIC. n WALL Notes: 1. Purpose, Ware 5tom damaged ( hurricane Sa*) with rlew dads to maws m private, 1 STY FRU. rarammercid boat dockage 2, DWELLING Q Water depths ( referenced to M1,M) tramwLed rZI from h4droq-ophic %rvq prepared 64 Kawth M. Waaduk, dated hqA I, 2013 DRIVEWAY 4. Pil" aid support tim6em to 6e presslre-treated ksn6er; deckwq to 6e operrq-ate, fi6er4a55-rewlfo-ced; 44 CONIC. galvanized Steel 5. float to be seared 6q ( 4) pilwgs equipped with dw&5 to OAK STREET ADJ. CONIC. n WALL Notes: 1. Purpose, Ware 5tom damaged ( hurricane Sa*) with rlew dads to maws m private, rarammercid boat dockage 2, 19atim; m1w 3. Water depths ( referenced to M1,M) tramwLed rZI from h4droq-ophic %rvq prepared 64 Kawth M. Waaduk, dated hqA I, 2013 4. Pil" aid support tim6em to 6e presslre-treated ksn6er; deckwq to 6e operrq-ate, fi6er4a55-rewlfo-ced; ramp to 6e "h m, all hardwa-e to 6e hot -dipped galvanized Steel 5. float to be seared 6q ( 4) pilwgs equipped with dw&5 to prevent float from restwq on bottom durwq extreme lav tides 6. Project 6catw: 420 ( aka 380) Oak Street, Cutdvge; 5C1'M# 1000-136-1-47 ROP05W MCON5flaV10N OF 5TOkM 12AMA02 POCK FOX NM ANP ANN COOMP ON �A5f MK, WrCH06T, 51FFaK COUNTY, NY 5 ifff I OF 2 10-50-15,1-8-14 5�CfION THP,,U Pp0P05�P 120CK ��PLACMNf o 42' FIX�P IM P, CATWALK C 2) 5T�1?5 Handrail (tup ) - 13' I Open -Grate neckinq 11-611 �0" C mint I M pl�1', WALL (M) HM ►fit© 6" PIL�5 (Tyr.) 0 --101 6' DAMP r--- 20' FLOAT -� 6" x 6" Float �--- _ Chocks (tup.) '-10" :1�4r, wiu G,W ( 4) 5" PU5 r MHW - 2' -11" MLLW - 0' -0' Fri r��� N � O -M O�ortn 71 M77 � n ►fit© 6" PIL�5 (Tyr.) 0 --101 6' DAMP r--- 20' FLOAT -� 6" x 6" Float �--- _ Chocks (tup.) '-10" :1�4r, wiu G,W ( 4) 5" PU5 r MHW - 2' -11" MLLW - 0' -0' New York State Department of Environmental Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 • Fax: (631) 444-0360 Website: www.dec.ny.gov Neil Cooper 17 Marwill Place Roslyn Heights, NY 11577 Conservation January 30, 2014 Re: NYSDEC Permit # 14738-04311/00001 Cooper Property, 420 Oak St., Cutchogue Replace Dock, Ramp & Float Dear Permittee: A& Joe Martens Commissioner FEB - 7 2014 In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Kevin Kispert Environmental Analyst Il Enclosures KAK/f'ile cc: Habitat -TW En -Consultants AM OMr NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04311 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: NEIL COOPER 17 MARWILL PL ROSLYN HEIGHTS, NY 11577 (516)484-0554 Facility Application Contact: EN -CONSULTANTS 1319 N SEA RD SOUTHAMPTON, NY 11968 (631)283-6360 Facility: COOPER PROPERTY 420 OAK STISCTM 1000-136-1-47 CUTCHOGUE, NY 11935 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: CUTCHOGUE Facility Principal Reference Point: NYTM-E: NYTM-N: Latitude: Longitude: Authorized Activity: Replace existing dock with 4' by 42' open -grate catwalk, 3' by 16' ramp, and 6' by 20' float as shown on the attached plans prepared by En -Consultants dated 1/18/14, stamped "NYSDEC Approved" on 1/30/14. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-04311/00001 New Permit Effective Date: 1/31/2014 Expiration Date: 1/30/2019 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: ROGER EVANS, Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD 11790 -3409 Authorized Signature: STONY B K Date -2/l/ //y 0 Page 1 of 6 Allft taftt NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04311 EN -CONSULTANTS Habitat - TW KEVIN A KISPERT Distribution List Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Permit Attachments Site Plan 1/18/2014 NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by En -Consultants dated 1/18/14, stamped "NYSDEC Approved" on 1/30/14. 2. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 3. Notice of Commencement At least -48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 4. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 5. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. Page 2 of 6 Adh dMhoo NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC 1D 1-4738-04311 6. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary. 7. Dock, Catwalk Size Dock or catwalk shall not exceed 4 feet in width and shall be a minimum of 2.5 feet above grade (as measured from ground to bottom of dock/catwalk decking) over tidal wetland areas. 8. Use of Treated Wood The use of wood treated with Pentachlorophenol or other wood treatment not specifically approved by the Department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters. 9. Catwalk Decking The decking of the section of the catwalk that extends over vegetated tidal wetlands shall be constructed with NYSDEC-approved fiberglass grating to reduce shading impacts on the marsh. 10. No Floats, Ramps in Vegetated Tidal Wetlands Floats and ramps may not rest on or bestored in any vegetated tidal wetland. 11. No Prop Dredging Prop dredging, or the act of utilizing and/or directing the propeller or propulsion system of a motorized vessel and/or the water -borne forces created by said propeller or propulsion system, to excavate or displace existing bottom sediment and benthic habitat for the direct or indirect purpose of establishing or increasing water depth, is a regulated activity and is not authorized by this permit. Prop dredging is strictly prohibited without further written authorization (permit, modification or amendment) from the department. 12. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest that the Department will issue a permit for'such activities in the future. 13. No Permanent Structures on Dock No permanent structures shall be installed on dock/catwalk/float without first obtaining written Department approval (permit, modification, or amendment). 14. Docks at Property Lines Docks/catwalks/floats must not: a. extend laterally beyond property lines, b. interfere with navigation, or c. interfere with other landowners riparian rights. 15. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. Page 3 of 6 AM `i NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION `r Facility DEC ID 1-4738-04311 16. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 17. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 18. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. Page 4 of 6 AM Ob.t NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC 1D 1-4738-04311 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any fortes or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY 11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 5 of 6 Am r NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04311 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims,.suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 6 of 6 W20-1 (M7.) -8d New .York State .Department of. Environmenta' ] Conservation ASk' oboe oboe NOTICE The Department of Environmental Conservation (DEC) has issued permit(s). pursuant to the Environmental Conservation Law. for work being conducted at this site. For further information regarding the nature and- extent of work approved .and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please .refer to the permit number shown when contacting the DEC. Regional Permit Administrator r .N ber �' `�139'.O� L0000 Permit um ROGER EVANS Expiration Date t _30 NOTE: This notice is NOT a permit NOTICE OF COMMENCEMENT OF CONSTRUCTION RETURN THIS FORM TO: COMPLIANCE Or Fax to: 631-444-0297 Bureau of Habitat -TW 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER: EXPIRATION DATE: — PERMITTEE NAME & PROJECT ADDRESS: CONTRACTOR NAME & ADDRESS: TELEPHONE: Dear Sir: Pursuant to the special conditions of the referenced permit, you are hereby notified that the authorized activity shall commence on . We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions. The permit, permit sign, and approved plans will be available at the site for inspection in accordance with General Condition No. 1. (Both signatures required) PERMITEE: CONTRACTOR: DATE DA THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. _Cut along this line x x x :-C x x 31 - NOTICE NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO: COMPLIANCE Bureau of Habitat- TW 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER: PERMITTEE NAME & PROJECT ADDRESS: CONTRACTOR NAME & ADDRESS: TELEPHONE: Or Fax to: 631-444-0297 AM - EXPIRATION DATE: Pursuant to special conditions of the referenced permit, you are hereby notified that the authorized activity was completed on . We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE: DA CONTRACTOR: DA THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. flooll if r 2"FiagsMan Map �9 giro k i �. c Pm,nrF oIj A'IYMI&� 7 FAST \` Gu'fi;t10GUE`�\ St(L (PGC.tY�vla SI�e.�Ci Itm> `. t::i PIU; 1.1 90' —1.8 4' It 42' FIXED CATWAL`,08+ �0 W IY \ \ (2) PROPOSED \ �y 3' x 4' STEPS W EN -CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, W 11968 631-283.6360 EAST CREEK 0550' TO OPPOSITE SHORELINE) ,(4) 8' PILES TO SECURE FLOAT AND PROVIDE CHOCKS FOR FLOAT 8' x 20' FLOAT f / � 0 �3' x 15' RAMP / ujO W , i W aW. O Q F- tri t��-� REMAINS OF STORM DAMACEO (HURRICANE (/) Q Z I V, SAND) DOCK TO BE REMOVED ,�- W Z 00 PROPOW WCOWf lC11ON OF 5fOW 19AMAal9 POCK FOR W AW ANN CO" ON Wf C K CMCHOCU, 51 FPMK COUNTY, NY 51fef I Or 2 10-50-13,1-8-14 l 1 VI O IL Q O v 55' :t46' srCOONC. 0-Q IAU. I, p�� Fwpwe; "" pkw $tam dawpd (Knialle 5a*) with new dark to marl * prkde, BRICK y� 0 PATIO 2. l7atanl W1,W waoo 3. Water depths (referalred to AUW) tralsatbed DECK tram hl4kmrsavvy prepared by Kamth M, c M Wa*k J*xA AxwL 1.2013 I STY FRM. ^f Fil" eM stppat tbnbers to W prove-treatad DWELLING lumberl dsdUnq to be opargate, Mordawrch forced, C� ramp to be Ajmtwj aA hardware to be hot dipped DRIVEWAY 4alv9ow steel W !1, NA to bye seared by (4) Pikw ecpwj With chaks to conic. prao t ila4 from reArq ai bottom Aom extrame bw tides ,STREET OAK PROPOW WCOWf lC11ON OF 5fOW 19AMAal9 POCK FOR W AW ANN CO" ON Wf C K CMCHOCU, 51 FPMK COUNTY, NY 51fef I Or 2 10-50-13,1-8-14 cc VI IL Q O W Q srCOONC. 0-Q IAU. I, p�� Fwpwe; "" pkw $tam dawpd (Knialle 5a*) with new dark to marl * prkde, mR1C alma bast &dAr 2. l7atanl W1,W 3. Water depths (referalred to AUW) tralsatbed m tram hl4kmrsavvy prepared by Kamth M, c Wa*k J*xA AxwL 1.2013 4. Fil" eM stppat tbnbers to W prove-treatad 4 lumberl dsdUnq to be opargate, Mordawrch forced, ramp to be Ajmtwj aA hardware to be hot dipped 4alv9ow steel 5. NA to bye seared by (4) Pikw ecpwj With chaks to prao t ila4 from reArq ai bottom Aom extrame bw tides b, Prolact WasNor 4W ( aka 380) Oak Street, Gltdagle, 5CTM# I000 -M-1-41 PROPOW WCOWf lC11ON OF 5fOW 19AMAal9 POCK FOR W AW ANN CO" ON Wf C K CMCHOCU, 51 FPMK COUNTY, NY 51fef I Or 2 10-50-13,1-8-14 5�Ci1ON 'M ppOP05F,n nOCK 1ZTLAaM f io, 19n 11WR CATWALK x� C2) 5SP5 Handrall (typ,) 16 ,1 3 Open -Grate 19C&N I--- 20' FLOAT ---t 6" x 6" Float cho&5 'WW - 21_1111 WAIL (1y',) -1011 MLLW - 0' -0 0GIA ' M � N�ZQ ! O p. Cii J iii N 1711 M3O Z6: w T o z 6" F 5 (M) 7q§ 8" MS o z r1n N—SDEC Z :p' APPROVED AS PER TERMS . Zc O AND CONDITIONS OF O v PERMITN -1-47M—W-gilloopol oho DATE 1W