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HomeMy WebLinkAboutTR-4496 Amend No PermitAlbert J. Kmpski, President John Holzapfel, Vice President ~,~:,'~ -Jim King : Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 28.. !996 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Michael P. Bontje 71 Nautilus Ave. Northport, NY 11768 RE: SCTM ~57-2-23 & 24 The following action was taken by the Board of Trustees at their regular meeting of June 27, 1996: RESOLVED that the Southold Town Board of Trustees approve the request for an Amendment to Permit ~4496 to add a 3' X 12' floating extension to the 16' fixed return on the "J" witch 2 pilings. LoCated: island View Lane, Greenport. 'This does not constitute any other permits from any other agencies. If you have any questions, please call our office. Sincerely, Albert J. Krupski, Jr. Pre'sident, Board of Trustees AJK/djh cc. CAC Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O, Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 ~pril 25, 1996 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Michael P. Bontje 71 Nautilus Ave. Northport, NY 11768 Re: SCTM ~57-2-23 & 24 Dear Mr. Bontje, The following action was taken b~ the Board of Trustees at their regular meeting of April 24, 1996: RESOLVED that the Southold Town Board of Trustees approve the request for an Amendment to Permit ~4496 to change dock extension which will be in a "J" configuration rather than ~n "L" configuration. The other dock will have a 20' extension south rather than 18' and a 16' return on the "J" rather than 14' to allow for the 10' vegetation setback and still reach deep water. Located: Island View Lane, Greenport. If you have any questions, please feel free to call our office. Very truly yours, q. Albert J. ~rupski, Jr. President, Board of Trustees AJK/djh cc. CAC Albert J. Kmpski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 July 28, 1995 John H. Mulholland Michael Bontje c/o 15 Franklin Court Northport, NY 11768 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Re: SCTM ~57-2-23 & 24 Dear Mr. Mulholland and Mr. Bontje: The following action was taken by the Board of Town Trustees during its regular meeting held on July 27, i995 regarding the ~hove matter: WHEREAS, applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 19, i995, and, WHEREAS, said application was referred to the Sout2%old Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public gearing was held by the T~wn Trustees with respect to said application on July 27, 1995, at which time all interested persons were given an opportunity to be heard, ~nd, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, W-~R. REAS, the Board has considered all the testimony and documentation submitted ~oncer~ing this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 37-18 of the Southold Town Code, WHEREAS, the Board has determined that t~e project as proposed will not affect the health, safety and general welfare of the people of the town, NOW TltEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of JO~NMULHOLLAND & MICHAEL BONTJE to maintenance dredge 400 c.~. to 3' below MLW on both parcels, dewater spoil on site and then move to upland site on Island View Lane with ownerspermissio~. Also to add and restore 3' X 30'ope~ pile dock to M~lholian~ and twin pilings to each on remnant piles near waters edge of MulholIand property. As per plan dated 7/19/95. With the condition that all spoil to be removed within 7 days or if weather stops workany portion that is there has to be removed and if job is stalled for any other reason ali spoiI has to be removed from the site by the last day of the DEC dredge window. Permit to construct iproject wilt expire two years from the date it is signed if not started. Fees must be paid, if applica~le, and permit issued within six months of the date of ~s notification. Two inspections are required and the Trustees are to be notified upon completion of said proj~ect. FEES: None. Very truly yours, Albert J. Krupski, Jr. President, Board Of Trustees AJK/jmd ~ cc: CAC Albert J. Krupski, Presidem John-Hohapfel, Vice President Wiffi~im G. Albertson Maxtin H. Garrell '"~ .... Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 1~1i971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Onl~ Coastal Erosion Permit ApplicatioI ~etland~Permit Application Grandfather Permit Application Trustee Lands Permit Application Waiver 7'~lerical Review: ~ ~'~ompleted App] ~C~4 h,~Incomplet i R~ ~la: n: X Tlrpe II Unlisted~ ~oofd~nation: (date ~nt), ~C ]Referral Sent: tlt~ ~Date of Inspection: ~Receipt of CAC Rep0rt~(~ate)~/tq/~ ~ad Agency Detemination; ~echnical ReView: P~Iic Hearing: (date) ~ecision: Approved (Y/~-~(~  piication Fee: $~. ~ Name of Applican~_~J hn H, M¢lh01'land & -~glchael P. Bontje Address ~e-± ....... :.&~R ~cur~, Nor~k~ort, Ne~ York 11~68 Phone Number: (5'16 } Suffolk County Tax Map NUmber: 1000 - 05.7-.02-23 & 24 Property Location: 3~5~and,~802 ~sland View Lane Gr~enpoft~ NY ~300 feet east of Bay S'hmre Dr±~e) (provide LILCO Pole ~, distance to cross streets, and location) Agent: For Mmlholland only -'M~ckael p, Bont3e (If applicable) Address: same Phone: P~rd Of Trustees Applicatio--' GENERAL DATA Land Area (in square feet): 27,300 sq. ft. Area Zoning: Residential Previous use of property: Residential Intended use of property: Residential Prior Permits/approvals for site improvements: Mulholland only 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): Malntainence dredge 400 yards to 3 feet below mean lo. water on ~ulholland and Bontje parcels (bottom privately held by Mulholland and Bontje). Remove 200 yards each for 400 yards total. Dispose on Mulholland parcel above .mean spring high water (existing l~n~-- scaped lawn area). Add/restore dock to Mulholla~d and twin pilings to each. TruStees Applicatio State of4~ ~ John H. Mulhol~and BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANYANDALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMITIS), IF GRANTED. IN COMPLETING THIS APPLICATION, I NRREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVESIS), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS /0 ignature DAY OF ~~f ,19 ~3~ ~ o~ry Public ~%rd of Trustees Applicatic,~'~ County of Suffolk State of New York Michael P. Bontje BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE SWORN TO BEFORE ME THIS DESCRIBED PERMIT(S) AND THAT ALL'STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES:HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF:GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. I Signature / DAY OF ,19~ ~oard of Trustees Application- AUTHORIZATION C-.]~u~holland onl~l (where the applicant is notW~%~e own&~) John H. Mmlholland residing at (print owner of property) (mailing address) do hereby authorize Micha~ p, (Agent) Bonsje to apply for Permit(s) from the Southold Board of Town Trustees on my behalf. Owner ' s P~"ard of TrUStees Appticatiof~.~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations:_R~n~nfiin~] 2~-,~ I;'700 CMulholland) Area of wetlands on lot: 25 - 1,~00 (Bont~are feet 24~- 10 Percent coverage of lot: 73 - 10 % Closest distance between nearest existing structure and upland edge of wetlands: ?O feet Closest distance between nearest proposed structure and upland edge of wetlands: ~ feet dock - ~lholland N/~ Bontje Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? 400 cubic yards How much material will be filled? ~00 cubic yards Depth of which material will be removed or deposited': 4 5 ~ ./3 0 ~ep. feet - . Proposed slope throughout the area of operations: App~ow Manner in which material will be removed or deposited: d. eposfted by mechanical 5ucke~. ~ill w~}l occ~]~ Behind "fence" to minimize runoff of and to' creek water. .Statemen~ of the effect, if any, on ~he wetlands and tidal waters of the town that may result by reason os such proposed operations (use attachments if appropriate): Insignificant impact~ malntainence d~edging~ ~re-1960~s creek line 100' south of ~ocation. Orig±n~l dredging occurred in 1950's. · ..~ . 14.;,6-4 (2/8~--Text 12 . ~'~ ~ [ F~,OJ~_CT I.D. NUMBER L 617;~ .~ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESS~I=NT FORM SEQ; For UNLISTED ACTIONS Only PART I--,PROJECT INFORMATION ('To be completed by Applicant or Proiect s~3onsor) ~R -- ~ ~T N^ME ~ --- _.[ ~aintainence dredging/dock 4. PRECISE LOCATION (Stree~ address an~ ~oad intersections, prominent landmarl~s, etc.. or prov~ae map) 802 and 725 Island View Lan~ Greenpo'rt, NY' 11944 5. I$ P~j~POSED ACTION: LLrNew [~] Expansion [~] Modification/alteration 6; DESCRIBE PROJECT BRIEFLY: ~ ' ' ' Maintainence dredge 200 cubic y~rds each f~o~ existing creek. Dispose o; fill on existing ~0 x 90 foot lawn a~ea of 'Mulholland. Construct open pile dock on only remnant pilings 630ft. by 4 ft. ), Mulholland only. 7. AMOUNT OF LAND AFFECTED: Initially ~,)~,~ acres Ultimately 0.12 5 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes [] No I! HO. describe briefly LAI';O UGF IN VICINITY OF PROJECT? Descr,be: [] '.ndu~lrial [] Commercial [] Agriculture Park/Forest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT AP~oR FUNDING. NOW OR ULTIMATE. LY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STAT&OR LOCAL)? __ EN Yes J--'] No If yes, list agency(s) and permit/approvals F~deral - Clean ~ater"Act ~ection ,/.I-0~ & Section ,10 ' State - ECL Article 25 Lo~cal ~ Chapter 92 1 I. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~ Yes ~3 NO if yes. list agency name and permit/apl3rOVal 12. AS[]AyesRESULT OF PROPOSED ACTI'~ON WILL EXISTING. PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APp'~eant/s~onsor .am~Mic~ael P. 'Bont3e/John H. Mulholland ' ' Coestal Assessmen~ Form before ............. gency, complete the . . ~ro~cu~H~ wim~ t~is assessment OVER 1 A. DOES[] YesACTION EXCEED~ No ANY Ty~HRE~HOLD. . IN 5 NYCRR. PART 617.127 Il yes,~ O nato l~e rewew proce- , ~-" ~ , .t. _ 8. WILL ACTION RECEiV= ..... -- ,~_ _ ', ~s an~ use the rULE ~ m~ ~ ~UINATED R~I~ '- ' Y be SUDerse~e~ by a~other i~ol~ ACTIONS IN 6 NYCR~ ~ ~.. .... ~ - ~ Yes ~ No ~ncy '--~, ~AHr 617.67 II:No. a negative aectareuo~ . 'sting air qualify, surfac~ or' 'rD TS A~SQCIATED WITH THE FOLLOWING: [Answers may De hanawr~lten, " ~,-~ ~roomms-t ~plain brief y: g .c patterns, so Id waste Producuo~ or dlS~osal, C2. Aesthetic, agri=uJtural, archaeological, hisforic, or other nafural or cultural resources; or Community or neighborhood character?. Explain- "' briefly: Ve.e.a..enot fl or fauna, fish. shellfish or wildlife species, significant habitats, or threatened or endangered s0ecies? Explain briefly: C4. Ac°mmunify'sexistJng Plac$cr g°a's as cfficiallyadopted, or a Change,n use or intensity of use of lao~°~other iatural resources? Exptaln br,efiy Gtowlh, eu-_e~uen,~ .,~eveJopment, or related acfivifies likely fo be induced by the Proposee action~ Explain briefty. Long form, short form. CUmulative. or ofher effecfs not identified in CI-C57 Explain briefly. C7. Other imeacts (incl~J(ling changes..in use of either quanfity or type of energy)? Explain briefly. [] Yes [] J'lo If yes, explain briefly PART III--DETERMiNATION OF SIGNIFICANCE (re be Completed by Agency) INSTRUCTIONs: F_or each adverse effect identified above, determine whefher it is substantial, large, important or Other.vise significant. Each effect should be assessed in connection wiU1 its (al setting (i.e. urban or rural); (b) probability Of oCCUrring; (c) duration: irreversibility; (e) geographic scope; and (f) magnitude, ii~ necessary, add attachments or reference su0Porting materials. Ensure thai, explanations contamn sulficient detail to show [hat all releva n[ adverse impacts have Dean identified and aclequately addresse(L [] Check this box if you have identilied one or more potentially large or Signit'icant adverse impacts which MAY occur. Then proceed directly to the FULL EAr and/or prepare a positive declaration. [] Check this box if you have determined, based on tho information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant aUverse environr~q£aI impacts AND provide on attachments as necessary, the reasons supporting this determination: October 13, 1994 Bont4e/Mulholland Addresses. of Adjacent Property Owners .(Other than Applicant's) Derek 'and Esther MorcomBe COttage #6-Island View Lane Greenport, New York 11944 Mr. &Mrs. Michael CarlBcci 246-27 Van Zandt Avenue Little Neck,'NY '11363 Not~ The "creek" bottom was and is privately owned by John H. Molholland (co-applicant). It was originally dredged in the 1950's from a position 100 feet south of the "Carlucci" bulkhead to that same bulkhead. Por- tions of these creeks north of the subject project were maintenance dredged by Carlucci and Baldwin in 1991 and 1990, respectively (with full local, state and federal approvals). BONTJE03.MEM October 12, 1994 TO: RE: Dredaina 1. 2. 3. Permitting Authorities Bontje/Mulholland Maintenance Dredqe/Dock 4e Two hundred yards each, 400 total.-. Basins-50 by 15 by 4.5 feet plus one on one side slopes. The creek was dredged in 1950's from a locality 100 feet south of "Carlucci" bulkhead to same. The project is, thus, maintenance dredging. The area is and will remain shallow marine wetlands. Two piles will be installed straddling each basin some 15 feet south of the "dock(s)" Dredge material will be disposed of on Mulholland's existing lawn area above spring high tide, and wetlands. Dock (Mulholland only) 1. Open pile structure, 30 by 4 feet wide, be constructed over remnant pilings. 1.5 feet high to BONTJE02.MEM .... ,.. SEC · - Appendix A . ;' State EnVironmeht~l QUality. Review :.' FULL ENVIRONMENTAL, . ASSESSMENT FORM "" Purpose: The full EAF is designed to help applicants and a gencies determine, in an orderly'mann~ro whether a pr0im . or action may be significant. The question :of whether an action may be significant s not aiwa s · · lyo there are aspects of a project that are sub;ec* ,; ....... L ..... y easy to a.nswer. Frequen ~ ~ v= u, u-m~asureaole. It Is also unoerstood that those who determin significance may have little or no formal knowledge of the environment or may be technically expert in environment; analysis. In addition~ many who have knowledge.in one particular area may not be aware of the broader concerns affectin the question of significance. ' The full EAF is intended to provide a method wJ~ereby applicants and agencies can be assured that the determinatio process has been orderly, comprehensive., in nature, yet.fleXible to allow introduction of information to fit a project or actior Full EAF Components: The full EAF is. comprised of three parts: Part 1: Pro.vides.~bjective data and information about'a given projec['and its site. By identifying basic projec data, it assists a revle~ver in the analysis that takes place in Parts 2 and 3. ?art 2: :ocuses on identifying tl~e ran8~ of possible impacts that may occur from a project or action. It provide '" guidance as to whether an impact is like'v to be considered small to moeerate or whether it is a potential ~ large impact. The form.also. . identifies whether an impact can be mitigated or reduced. Part 3: Ifimpactany impaCtis actuatlvin Partimportant.2 is identified as potentially-large, th~n' Part 3' is used to evaluate whethe~ or not th~ ~ ETERMINA:TION OF SIGNIFICANCE--TYPe I and Unlisted Actions J Identify lee Portions of EAF completed for this project: ' ' 1~] Part I [] Part 2 I-Ipart 3 Upo, n review of the information recorded on this EAF'iParts I and 2 and 3 if appropriate), and any other supporting inf6rmation, and considering both the magitude.and importance of each im pact, it is reasonably determined by the lead agency that: ' El A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. El B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, ~ therefore a CONDITIONED nqgative declaration will be prepared.* ~ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. · A Conditioned Negative Declaration is 6nly valid for Unlisted Actions Name of Lead Agency -- Print or type Nam e of Responsibh: Officer in Lead Agency Title of'Res I)onslble Officer Signature.of Responsible Otficer in Lead Agency Signature of Preparer, (If different from respons,ble., officer~ Date I ~ '.~' ' ~repared by Project-SpOnsor .... Nt .. NOTICE: This dociJmen~ is designed toass'ist in determining Whether the action proposed may have a significant ef o0 the environment. Please complete the entire form; Parts A through E. Answers to these questions will be'c~nsid, as part of'the application for approval and may be subject to further verifiCation and public re;4ew Provide~any additic information-you believe will be needed to complete Parts 2 a~d 3.. · It is expected that:completion of the full EAF will bi'd~pendent on i~form~tion curt ' ' new studies, research or in ; - . :_ :-,. .... entiy available and will not inv, each-instance v. est~gatzon. If mformabon requiring SUCh additional Work is unavailable, so indicate ~nd spa NAME OF ACTION - . Mulholland/Bontje, Mai~ta~nence dredging LO-~AT ON OF ACTION.(Include Street Address, Mumctpahty and County) 802 Islan~ L~ne, ~reenport, NY John H. a~d BUSINESS TELEPHONE ADDRESS - - · Below ' !5 Franklin Ct., c~mo Northport ~ ~SCm~ON O~ ACTIO~ Maintainence d~edge 40~ 'cub~ic Mulholland - reconst.r~ct dock.. STATE' ~ ZIP CODE BU$~NESS TELEPHONE ~TATE ' t ZiP CODE t ~y . ~z~768 yards/fil'l 400 cubic yards on lawn. Bo~je & Mulholland instaI1-4 ~ilings. Please ComPlete Each Question-Indicate N.A. if.not applicable A. Sit.e Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: r'lUrban I-Ilndustrial F'lCommercial r'lFor~st rlAgric.ulture f-IOther 2. Total acreage of project area: acres~ APPROXIMATE ACREAGE Meadow or 8rushlan~ [Non-agricultural) Forested Agr culturai'(Includes orchards, cropland, p~sture, etc.) Wetland IFresh,~,ater or tidal as per Articles 24, 25 of' ECL) Water Surf. ace Area Unvegetated (.Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) 3. ~Vhat iS predominant soil type(s) ~n project site.~ a. Soil drain~ge: rTJwell drained ~,~ of s, ite ~Residential [suburban) ~Rural [non-fa PRESENTLY AFTER COMPLETION O. 6 -.~. acres _:..~01;6 ' acres acres -- acres acres 0. 075 ----~ "' acres acres ---0.. 0~5 acres a.cres ~- acre5 acres O. q O acres ~O. acres ~Cr~S. ~ ~cre5 I~Moderately:well drained __90 - % of site ~Poorly drained lQ % of site b. If any agricultural land is involved, how.many acres of soil are classified widtin soil grouo I through 4 of the N' Land Classification System? [~- acres. (See I NYCR R 370). 4. Are there bedrock outcroppings on project site~ [~]Yes l'~No a. What is depth to bedr0ck.~ _ [in feet) 2 , . . [~o-~{ .o '~ O0 ~-lo-'~.~,,,~ _.. . 0'1 5%,~ grea.ter _ 6. Is project substantially cOntiguous to, or~t,am~a.:budding' site, or district listed on the St~ or the N~tion~ -' Registers o~ Historic Places? ~Yes ~No .. ' ~L Is ~oj~t substantially contiguous to a si~e listed on the Register of National Natural Landmarks~ ~Yes 8. wha~ is the.depth of the water table? ~ lin feet) -' g. Is ~te located over a primal, principal,.or ~ole source aquifer? ~Ye~ ~No 10. Do hunting, fishing or shell fishing opportunities presently· hxist in t~e project area? ~Yes ~No 11. D~es project site contain any species of pla~t or animal life that is identified as threatened or endangerec (~ee ~ahe~ ~Yes ~No According to identify each species __ . . 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formation ~ee ~ ~ahe~) ~Yes ~No Describe - 13. Is the projp~, sit.~ presently used by the community o~ neighborhood as an open space or recreation are~ ~Yes ~No If yes. explain.-- ~ . . , ~ee 8~h~es the present site include scenic views known to be mportant to the community)' ~5; slrehms within or Contiguous to project area: N0~ " ' a. Name of Stream.and name of River to which it is tributary ~ ' ' 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name , ~o~p b. Size (In acres) 7. Is the site served by existing public utilities? a) ff Yes, does sufficient capacity'~xist to allow .connection?~es ~No ~Yes ~No b) I~ Yes, will improvements be necessa~ to allow'connection~ ~Yes ~No N/A 18.SectionlS the site3031ocatedand 3047in an ~yesagricultural~NodiStrict certified pursuant ~o Agriculture and ~iarkets Law, Article 25-AA ~g'oilS'the:he siteECL,IOcatedand 6 NYcRRin or substantiallY617? ~YesC°ntigu°us' ~Not° a~eeCritical&~&ohe~Environmental Area designated pursuant to:Article 8 20., Has the site ever been used for the disposal of solid ~r hazardous wastes? ~Yes ~No B. Project Description.. · ' 1. Physical dimensions and scale of project (fill in dimensions as appropriate) ' a. Total contiguous acreage owned Or controlled hy project sponsorc,~) .0,4' acres. b. Project acreage to be developed: .,, C~. C)~ ~ acres..initially; .. ' 0.0~ acres uitimately. · ' c. Project acr.e, age to remain undeveloped ~T/J~ -- acres. d. Length of proiect, in mi)es: ~T/'~ _ (If appropriate) e. If the project is an expansion, indicate percent of expansion propQsed ]~/~ f- Number of off-street parking spaces existing. "~/~ ; proposed g- /~aximum vehicula'r trips t:enerated per hour N/~.. _ {upon completion of project}~ h. If residential:' Number and type of housing un/ts: ' One Family Two Family Initially -- /~'lultiple Family Condominium C' Ultimately -- i. Dimensions {in feet) of largest proposed structure ~ height; L[. O _ width; J. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 length. (c~o c~c ) .... u~v muc~. na~ura~ m~tenai (i.e., rock, earth, etc.) witl beremovedd~m the site? ~O0~l tonsi~,bi¢ qa'tc 3. Will disturbed areas be/~"~'~laimed? - ,~Yes I-'tNo I"IN/A · .' a.. If yes, for wha. t intendecJ purpose is, . the site being reclaimed? D~ed~d a~ea. r.e'~'~aJ_nes L.Z. . b. Will topsoil be stockpiled for reclamation?' ~'~es IF-INn L~,~D "' ; c, .Will upper subsoil be stockpiled for,reclamation? .~Yes I'-INo ~ 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? J~ acre~. .5. Will anymat. ure._/forest (over:100 years old) or other locally-important vegetation' be removed by this project~ nYes ~'No . · . 6. If single phase project: Anticipated period of 'construction ]- -7. If multi-phased: 'months, (including demolition). a, Total number of phases anticipated -[number). b. A~ticipated date' of commencement phase 1 _ month c. Approximate ~:ompletion date of final phase men;th .. ~ d. Is phase 1 functional.ly del~endent on subsequent phases? l-lYes I-INn 8. Will bias'ring occur during constrtJction? · ~Yes j~o g. Humber of jobs generated: during construction ; after project is complete 10. Number of jobs e~iminated by ~his project . . 11. Will'project require relocation'of any projects or facilities;~ ' i~Yes ~o If yes. explain 12. Is surface liquid .~vaste disposal involved? I-lYes ~No a. If yes, indicate type of waste (sewage, industrial~ etc.) and amount b. Hame of water body into whi'ch effluent will be discharged 13. Is'subsurface liquid waste disposal involv~d~ [3Yes' ' ~'~o Type 14. Will surface area of an existing water body increase or decrease by proposal? i-lYes ~o Explain 15. Is project or any portion of project loca'ted in a t00 year· flood plain~ 16. Will the project generate solid waste? l-lYes' ~0 ' . i-'lYes ~No year, (including demolitior year. a. If yes, what-i~ the amoun~ per month -- tons b. If yes, will an existing 'solid waste facility be used? I--lYes [3Ho ~ c. If yes,.give name ; location d. Will any wastes not go into a.sewage disposal system or into a sanitary landfill? e. If Yes, explain 17. Will the' project involve the dispoJal of solid waste? I-lYes a. If yes, what is the anticipated-rate of disposal? _ b. If yes, what i½ the anticipated site life.~ ~ years. 18. Will project t~se herbicides or pesticides? - [~]Yes ~"o i-lYes tons/month. lrJ. Will 20. Will 21. Will project result ih an increase .in energy use? I-lYes C]No If yes , indicai:e type(s). 22. I f water supply is from wells, indicate p~mping capacity 23. ~otal anticipated ~vater ~sage per day, gallons/day. 2~. Does proiect involve Local..state or Federal funding? C]Yes if Yes. explain ~ project routinely produce odors (more than one hour per day)? I-lYes ~N/o project produce operating noise exceeding 'the local .ambient noise levels? ~-lYes . ,J ~o gallons/minute. Telephone (516) 765-1801 Town Hall, 53095 Main Road P.O. Box 1179 .Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held- Monday, April 22, 1996, the following action was made: A-52 Moved by Allan Connell, seconded by Bruce Loucka, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH iPROVISION5 of the request of MICHAEL BONTJE 57-2-23 to amend permit to allow the Bontje dock extension to make a "J" shape rather than an "L" shape. The Council recommends approval provided the existing section of the fixed dock is raised 3' above grade. 805 Island View Lane, Greenport Vote of Council: Ayes: All Motion ca tried. ' '25. ~Dprovals Rceu~rcd: C|ty, Town, Village Board-' (~' City, .Towr~;. Village Planning Board City, Town Zoning Board - City. County Health Department Other Local Agencies Other ~egional Agencies State Agencies [=].Yes ~.No C]Yes ~'N. o [:]Yes , ~NO ~Yes "[:]N~' Tiaal Wetlands · O~edge Dock Federal Agencies j~Yeg- r-IN~ ; Zoning and Planning lnformatibn '" '~'"' Type ~/.' ~ui)mitla Date 12./20/9q · ' ~ P/?O/~4 1. Does proposed action involve a.planni~g or zoningdecisi0n? I-1y~s ~No If Yes, indicate decision required:' . .. ~zoning ~mendrn'ent nzoning varianc~ [-Ispecial use permit l-lsubdivision nsite plan I-Inew/revisionof master plan. [:]resource management plan [:]other 2. What is the zoning classificati6n(s)of the site? ~,~e~den~ial...(smaZl' 1~ ) 3' What is the maximum potential development of the site if de~;elcl~ed as permi.tted by th~ 4. What is the proposed zoning of the site? ~ N/~,-- ~ 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Is. uses in adopted local land use D ans~ ~'es 6. the proposed action consistent with the recommended 7. What the are predom ~-ant land use(s) and zoning classifications within a '4 mile radius of proposed-'action~ Residential ' - . Is the proposed ~' action compatible with adjoining/surrounding- lan~ uses within a ;~ mile? ~Yes 9. If the proposed action is the subdivision of .land. how many lots are proposed~ a. What is the minimum lot size proposed? __ LT/~: ' 10. Will proposed action reqmre any authorizationCs) for the formation of sewer or water districts.; I-lYes !1.fireWillprotection)?the proposed actionl_lYes create.~Noa demand for any community provided services . ..(recreation. e,~ucat~on,~, poiic~ If a. yes, is existin~ sufficien[ to handle projected demand? I-lYes r'lHo ' 12. Will the Proposed'action res~slt in/the, generation of traffictq, handlesignificantly above present levels? I-lYes a. If yes. is the existing roa~l network adequate' the a,¢~;t:ona, traffic? C]Yes C3No D. Informational Details AttacE any additional in(drmation as may he neede · impacts assoc;= .... / . d to clarify your project. If there are or '-'- ,,,tea wlcn your proposal, please discuss suc avoid them ~ · . h in]pacts and the measures ~vhich you proposemay Oeto.anYmiti~ateadvers c E. Verification Cert,i¥ that the information provided above is true to the best of m~, knowledge. IftEeacti~nisind.._ . '/ V -- .tie £,~d owners/~ica, n~s ; '"~ ~-oastal Area, and you,re a stale ~genc o wile this ;~SSessmen/ - · y, c mplele lee Cea. sta~' ' ~ssessment' Form before ' proceedin; '-~ ' ~--~ROJECT IMPACTS AND T~EIR MAGNITUDE ..o - ..... ,"-~.' Responsibility of Lead AL cy General Information (Read~arefully) . . , .-... · · In completing the forni the reviewer should b~ guided by the question: Have my'responses and determinati.ons reasonable? The reviewer is not expected-to be an expert environmental analyst. · Id~ntif(,ing that an impact will be potentially Jab'ge (column 2] does not mea~ that it is-also .necessarily si~ific: Any large impact must, be evalua ted in PA ET 3 to' determine significance. Identifying an impact in column 2 sir · .. asks that it be looked at further, ' . -' · The Examples provided a. re to assist the reviewer by showing types of impacts and wherever possible the threshol magnitude that would trigger a response in'~olumn 2. The ~xamples are generally applicable throughout the State for most situations, But, for any specific project o¢'site ol;her examples and/or lower thresholds may be'appre pr for a Poten:ial Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in eacl~ locality, will vary. Therefore, ' .. have been offered as'guiblance. They dO not.constitu'te an exhaustive list of impacts and the examples a~'e ustrative thresholds to ai~swer each quest · The number of examples per question does not indicate the importan.¢e 0f. each question. · In identifying. Jmpa~ts, consider long term, short term and cumlative effects. Instructions (Read carefully). . .' a. Answer each-of the 19 questions in P~RT 2. Answer Yes if there will be any impact. .. b.' Maybe answers should be considered as Yes a~swers. ¢. If answering Yes to a question 'l'hen che~k the appropriate' box ,~ impa.ct. If impact threshold equals or exceeds an ........ .(co u, mn I o.r 2) to .nd cate the potential size of " y ~;~,-npm prov~aea cnec~ co umn 2. If impact w Il occur but thresh ..... iS lower than example, check column 1. :' ' .....· d. If reyiewer has doubt about size of the impact then Consider tf~e impact as potentially large'~,nd oroceed to PART .-" e: If a' potentially large impact checked.in column 2 can 1se mitigated by change(s) in the proiect to a small t~ moder~ impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. must be explained in Part 3. IMPACT ON LAND' 1. Will the proposed action result Jn a physical change to the project site~ C]NO r'~YES Examples that wo~ld apply to cblumn 2 · Any construction on slopes of 15% or greater; (15 foot i'ise per 100 Eom of length), or where the general slopes in the proi~ct area exceed 10%. : Construction on land where the depth to the water table is less than 3 feet. ' · Construction of pay. ed parJ~ing a;ea for 1,000 '~r more vehicles. · Construction on land"where bedrock is exposed or generally within 3 feet of existing'ground surface. · Construction that will continue for mole than 1 year or involve more than one phase or stage. · . Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction. in a designated floodway. · Other impacts ..' 2. Will there be an eli'·ct t:...,y urn.qua or unusual land forms found the site? ['i.e., clilts, dunes, geological formations, etc,)F'/NO C~]YES · Specific land forms: 6 ' I 2 ..3 Small to Potential Can Impact E Moderate Large Mitigated By Impact Impact Project Chan9 [3 [3 E]Yes' E]Nc L-'J [] I-lYes [] [~ ['-lYes []No " [] [] ' []Yes I-INo E] E] E/Yes E]No [] E] []Yes 13 o [] [3 E3Yes '[]No . E] E] EgYes E] o October 12, 1994 TO: Permitting Authorities RE: Bontje/Mulholland Maintenance Dredqe/Dock Dredqinq 1. Two hundred yards each, 400 total. 2. Basins-50 by 15 by 4.5 feet plus one on one side slopes. e The creek was dredged in 1950's from a locality 100*feet south of "Carlucci" bulkhead to same. The project is, thus, maintenance dredging. The area is and will remain shallow marine wetlands. 4. Two piles will be installed straddling each basin some 15 feet south of the "dock(s)" 5. Dredge material will be disposed of on Mulholland's existing lawn area above spring high tide, and wetlands. Dock (Mulholland only) 1. Open pile ~tructure, 30 by 4 feet wide, 1.5 feet high to be constructed over remnant pilings. Unique Features 1. The project is located 300 feet south of Conklin Point. Conklin Point (and not the site) contains active, least tern and piping plover nesting habitat (L.I. Colonial Waterbird Survey) and may beconsidered to have unusual coastal geology and views. 3e A land-based maintainence dredge and fill operation will not sigificantly affect these species or natural features per the Baldwin and Carlucci dredging project of 19910/1991 (neighbors immediately west of Bontje). BONTJE02.MEM .. IMPACT ON WATER .. 3. Will proposed action affect any water body designated as protected? : [Under Articles 15, 24, 25 of the Environmental Conse~a t~on Law, ECL) OYES ExamPles thatwould apply to column 2 · Developable area of site contains a protect:ed water body. · Dredging more than 100 cubic yards of' ~naterial from channel of a protected stream. -" -- · Ex~nsion of utility distribution facilities through a'l~rotected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? · [:]NO OYES Examples that would apply to col~Jmn 2 .. · A 10% increase or decrease in the surface area of any body of water .or more than a 10 acre increase or decrease. · Construction Of a body of water that exceeds 10 acres of surface ar~a: · Other impacts: 5. Wi'Il'Proposed Action affect surface or groundwater quality or quantity? .. F'INO OYES Examples that would apply to column 2 · Proposed Action will require a discharge permit, · Proposed Action requires use of.a source of water that does not have approval to serve proposed (project) action.. · Proposed Action requires water supply f'rom wells with greater th an gallons per minute pumping capacity. .· Construction or operation ccusing any contamination of a water · supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently "do not exist or have inadequate capacity. -·day.Pr°p°sed Action would use water in' excess of 20,000 gallons per · Proposed Action will likelY/cau~ siltation or other discharge into an exist!ng body of wa:er to the exte::t that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of petroleum or chemical "products greate.r, than !,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts:_ 6. Will proposed action alter drainage flow or patterns, or surface water runoff.~ ["IN O OYES Examples that would apply to column 2 · Proposed ACtion would change flood water flows. 1 Small .to Moderate Impact [] [] [] [] [] [] [] [] [] [] Potential Can Impact B ' 'Large.¢ Mitigated By Project Chanc [] OYes '[] []Yes []N~ i-"l" []Yes []Nc [] I'-lYes "[]N~ [] *l-lYes [] []Yes I~lNc [] -' .[-~Yes I INc E] •Ye~ I--IN~ [] i--iYes []Nc [] []Yes linc [] I-lYes E]Nc i-'l. []Yes I--INa [] []Yes r"iNc [] I-lYes I'-lNa [] []Yes []No []" []Yes: "[]No [] []Yes []No []- []Yes [~No [] []','es ~No [] ~,Yes E]No I-lYes [:]No Cause substantial erosion. . ----e Ptopesecf Action is incompatible with existing drainage patterns. °' PropOsed Action will allow development in a designated floodway[ "Other, impacts: IMPACT ON AIR -' 7. Willproposed action affect air quality? ' . 'i-,iNO~'' Exan~P~ies that Would apply 'fO '~olu [~YE$' '* Proposed Action will i,~,~-~ ~ X,~, mn 2 .~ ' -" hour. ...... = .~,uuu or more.vehicle trips in any given ·refusePr°p°SedperACtl°nhour, will result in the mcineratio~n of more than I ton'of ' Emission rate of total ~ontaminants will exceed ~ lbs. per hour or a heat sou. rce:producing more than 10 millipn' BTU's per hour. · toPr°P°sedindustrialaCti°nuse.Will allow., an increase in the amount of land committed · Proposed ~aCtion will allow an increase in the " ' ' devei6~ment within existing industrial areas, density of ind~Jstriel · .Other impacts: IMPACT ON,PLANTS AND ANIMALS *~' W,Jl~pecies?Prooos.ed Action affect any. threatened or endangered " E~amples that would apply to column 2 . []~O ~¥ES educbon of one or more species listed on the New York or Federal list. using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. ' APl~lication of pesticide or herbicide more tha~ tWice a Year, other than for agricultural purposes. Other !mpacts Will Proposed Action substantially affect non-threatene'd~ non'endangered species? ~ .' - . E~amples that would app.y to column 2 : ~-~NO C]YE$ PropOsed Action would substantiall mier ' "- mierat ..... Y fete with any resident of ..... y ,so. shellfish or wildlife species. Proposed Action reqmres " · the removal of more than 10 acres of malure forest {over 100 years of age} or other locally important vegetation. IMPACT. ON AGRICULTURAL LAND RESOURCES Will the Proposed Action affect agricultura! lam! resources? E~amr~les ~l~at would C]NO I-~yEs the nrono .... apply.to column 2 · ,:u action would sever, cr md ('ncludes croDlan . . OSS or hm~t acc,e, ss to. agr~ct/rural d. havhelds, pasture, vineyard; orchard etc) ImPact .- [~]¥es J-lyes I-Iyes ~No i']No [~Yes I-]No ~Ye~ ~No ~Yes ~No ~Yes ~o ~Yes I'"INo [~/No J~Yes J~No [~Yes J~N~ ~ ~-~Yes jr IMPACT ON T/'~NSPORTATiON 14. W/Ii there be:an effect to e~ig~ng transportation systems.~= Example?, that wot~Jd apply to COlumn 2 ~NO ~ ~Ajte~ati~ ~ _~_ , . . ~YES :' ~ 4' ~ --.~,~ent Patterns Of mOvement of' eo .e rro~osed. Action ~vill ;result m' ma' - P P e and/or goods: · ~ther ~mpac~- .' JOt traffic Problems IMPACT ON ENERGY ~ ' '-- 15. Will proposed action · energy Supply? affect the com'munit~,s sources ~f fuel 0r' E~amp~es that would a "Proposed A~,= ...... PPly to column ' O ~YES ----.. · ~lu. Will cause.a ore~ L '"V form o~ ener=y in. the mu~;i;~,~a~ · Prono,~ ~ ,. ~_,.~. se of-' _ -.-~ ~caon will require the creation " , · .' .~' ~ansmlssion or sup~l ....... ~ ~ or extension of an ener . ~ y ay~cem ~o se~e more than · gY re?dentes or to serve a ma ~or COmm~,~:-. .5~ single or two family Other impacts: ~ ~-~[?~.or maustnal'use. NOISE AND 'ODOR IMPACTS .- '; I?.. 'ofWillthethereproposedSe obiectionableAction? odors,, noise, or vibration as a result. ExamPles :hat would apply to column 2 C]NO C]YES ·fatality.Blasting within 1,500 feet of a hospital 'school' or ';0ther "" · sensitive · Odors will OCcur routinely Cmore. than one hour per day.). " ' · Proposed Action will produce operating noise-exceeding the local ambient noise levels for noise ou ts/de of structures. ·noisePr°p°Sedscreen.ACti°n will. remove natural barriers that would act as a ' Other impaccs:__ IMPACT ON PUBLIC HEAI~TH-- 7. Will Proposed Action affect public health and safety?. Examples that wot~ld apply to column 2 C]NO C]yES Proposed Action may cause a risk of explosion or reiease of hazardous Substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of dischargeaCcident Oror emission.Upset conditions,· or there may be a chronic Iow level .PrOpOsed Action may result i ' . .t'orm (i.e..- -n the bunal of "ha----,- ' .o,sonous.. h,gl,l¥ react,ye. $/Ora~:e facilities for one million or more ~allofis of Iiquified natural ~:as or Other llammable liquids. /'rOpOSed act/on may result in [l~e excavation or other disturbance .v~tlnn~aste. 2,000.~uet of a site use~ for the disposal oi solid or hazardous ~th~r impacts:_ ModerAte' Impact -C/ · Potential Large Impact · C] Can Impact Be Mitigated By Project Chang~ Yes C/yes C/Yes Yes Yes ~Yes I~Yes [~Yes Yes [~Yes [~Yes C/Yes ~/No [-/No C/No ' I~/No j ' ' ~,~0~ : "cbnstruCtion .activity would excavate or. compact the soil profile of ' agricultural land. · The !proposed action would rreversibly c~nvert'more than '10 acres of agricultural.land or, if Ioca'ted n an ~gricu rural DistriCt, more th~:2:.5 :acres of agricultural land. ' ' . . · The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches. strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased run6ff) · Other impacts: IMPACT ON AESTHETIC RESC~UJ~CES Will proposed action affect aestl~etic resources? I"tNO l'"lYESl (If necessary, use the Visual EAF Addendum in Section 617.21. Appendix B.) · Examples that would apply to column 2 ' " . · Prob6sed land uses[ or project components obviously different from or m sharp contrast to current surrounding land use patterns, whether · man-made or natural. · Proposed land USes, or 0roject components visible to user~ of aestheuc resources which will eliminate or significantly red'ce their eniovment of the aesthetic qualities of that resource_ · Protect components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IMPACT ON HISTORIC AN D ARCHAEOLOGICAL RESOURCES 12; Will Proposed Action impact any site or structure of historic, pre- historic or paleontological 'importance? I-INO I-lyES Examples that would apply to columri 2 * Proposed Action occurring wholly or partially within or substantiaily contiguous to any facility o~: site listed on the State or National Register of historic places. · Any impact to a. archaeological site or fossil bed located within the project site. · Proposed Act on wiil occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory, e Other impacts; IMPACT .ON OPEN SPACE'AND RECREATION 13. %¥ill Proposed Action affect the qu;)ntity or quality of existing or future open spaces o~ recreational opportunities.~ Examples that Would apply to column 2 []]NO C]YES - . Tim permanent foreclosure of a future recreational opportunity. · .A major reduction of an open space important to the community. · .Other impacts: 9 Smalr't'o Pbtentia~' Can Impact · i Moderate Large , :Mitigated By Impact Impact ~ ~ ~Yes' ~No · · ~ ~ ' ~,Yes . D'No D D D'Yes ~No D D ~yes: ~No ~ ~ ~Ye~ ~No ~ D ~Ves DNo iMPACT ON G~IOWTH AND CHARACTE~ OF COMMU'NITY OR NEIGHBORHooD (~. 18.' Will proposed action affect the character of the existin~ community? ' ' " " -' I-1NO . [:]YES Ezamples that would apply to column 2 · : · The permanent population of the city, town or.village in which the project is located is likely .to grow by more than 5%. · The municipal budget for capital expenditb'~-~s or Operating services will increase by more than'S% per year as a result of this project. · Proposed action will conflict with officially adopted.plans or goals. · Proposed.action will.cause a change in the density 6f land use. o * Proposed Action will rel~lace or eliminate existing ~acilities, structures or areas of historic importance to the community. · Development will create a demand'for additional community services (e.g. schools, police and fire, etc.) .: · Proposed Action will set an important precedent for future projects. .' e -Proposed Action will create or elim. mate employment. · Other impacts: Is there, or is there likely to be. public controversy related to potential adverse environmental mpacts~ E]NO E]YES Smali'~o Potential,, Can Impact B Moderate Large Mitigated By Impact Impact Project C~ihng [] [] i-lYes .. I--]Nc r-I, [] F-lYes I'~Nc [] [] []Yes., "[] [] []Yes J'qNo ' ~ ~ ~Yes If Any Action in Part 2 IS Identified as a Potential Large impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 _C. Part 3--EVALUATION OF THE I~,~IPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be pole.tially large, even if Ibc impact(s) may b ·mitigated. Instructions Discuss the !ollowing for each impact identified 'in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if aprJi'i(~able) how the impact co'uld be mjti~;ated or reduced to a small to moderate m~pact by project change(s', 3. Based on the information available, decide if it is reasod;:H)le to conclude that Ibis impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlh:d · The r~egional consequence Of the .npact · Its POtential diw:rgen(:e from local needs and goals · Whether known objections to the project relate to this impact. (Continue on attaehrn ants) 11 C 617.21 .... ' A ' -~' S. EQR ppendix B ~..~ ..: - . .... Slate Environmental QUali~/ReviEw '"" Visual EAF Addendum ,,, This form may be used to provide additional information relating to Question ! 1'of Part 2 of the Full EAF. ('~o be completed by Lead ~.gency) Visibility 1. Would the project be visible from: · ' A parcel of land which is dedicated to-and available to the public for the use, enjoyment and appreciation of natural 'or man-made scenic qualities2 · An overlook or parcel of land dedi~:ated to public observation, 'enjoyment. and appreciation of'natu ral or man-made scenic quaiitie~.~ - · A site or structure li~t~d on the Hationai or State Registers of Historic Places? · State Parks? · The State Forest' Preserve'~ · Hational Wildlife Refuges and stare'game refuges? · Hational Hatur~l Landmarks and' other outstanding natural features? · Hational Park Service lands.3 · Rivers designated as Hational 6r State Wild, Scenic or Recreational.3 · Any tra. nsportation .corridor of high exposure, such as part of the interstate System, or Amtrak.3 · A governmentally established or designated interstate or inter-county foot trail, or one formally proposed for establishment or designation? · A site~ area, lake, reservoir or highway designated as scenic2 ' · Municipal park, or designated open space? · County road? ' · State? · Local road? Distance Between Project and ResOurce (in Miles) · [] [] .'F'i [] '0' [] [] 0 O. [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] n o o [] [] [] n [] [] [] [][]o n [][]o b [] O O 0 [] 2. is the visibility of the project seasonal? (i.e.. screcn'ed by summer foliage, but visible during other .season~) BYes 3. Are any 'of the resources checked in question I used by tile public during the time of year during which the project will be visible.3 i-lYes OHo 1 DESCRIPTION OF 4. From each i.tem enviror{ment. STING VISUAL ENVIRONMENT ed i, question l, 'check those whicl~'~en~ally describe the Esse. ntially undeveloped Forested Agricultural Suburban .residential' Industrial commercial Urban Rivet, Lake. Pond Cliffs., Overlooks Designated Open Space Flat Hilly /Vlountainous Other NOTE: add attachments as needed' Within mile. -' surrounding ' 5. Are there visually similar projects within: 'I/2 mile I-lYes . [:]No * l miles [-]Yes. . ' ['-{No '2 miles r-]Yes r-INo *3 miles - · {--]~es .~.No * Distance from project siie ir~: provided [or assistance. Substitute other distances as appra EXPOSURE ~- 6. The annual number bf viewers likely to observe the 'proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT . 7. Thesituation oFactivityin whichtheviewersareeng~ged whileviewingtheproposedactionis FREQUENCY Holidays/ Daily Weekly Weekends Seasonally [] '0 [] E] [] [] .O m [] [] [] [] [] [] [] '0 [] [] [] Activity-. Travel to and from work Involved 'in recreational activities Routine travel by residents At a residence At worksite Otl~er ~ONTUE I S~A p4C~ x/I ~-~k/ LA r'4 ~ Telephone (516~ 765-1801 Town Hall, 53095 Main Road P.O. Box 1179 Sout~old, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisor~ Council held MONDAY, JUNE 2q, 1996 the following recommendation was made: A-6~4 MICHAEL P. BONTJE 57-2'23 to amend permit to add a 12' long x 3' wide floating extension to the 16~ fixed return with 2 pilings on the "J" shaped dock. The Council will support Chairman Allan Connell's recommendation at the Trustees' meeting once he receives some clarification of the request. Island View Lane. Greenport Vote of Council: Ayes: All Motion carried. ALEXANDER F. TREADWELL SECRETARY Of STATE STATE Of NEW YOrK DEPartment of STATE ALBANY, NY 12231-0001 May 22, 1996 Michael P. Bontje 15 Franklin Court Northport, NY 11768 Re: F-95-405 U.S. Arrn.v Corps of En~a,.eers/New York District Permit Application #95-00540-L2 Michael P. Bontje, Carlucci Creek Town of Southold, Suffolk Connty DEC #1-4738-01044/00001-0 Permit Modification Dear Mr. Bontje: The Department of State has reviewed the information you submitted regarding a modification to the project that was authorized by COE/NY Pemfit #95-00540-L2. The proposed modification would add a 3' x 12' floating extension to the 16' fixed return on the "J" dock configuration. The project as modified would not cause coastal zone effects substantially different than those originally reviewed by this Department. Therefore, the Department has no objection to the proposed permit modification. A copy of this letter is being sent to the Corps of Engineers informing that federal agency of this determination. If you have any questions on this matter, WFB:dlb CC: please call Walter F. Meyer at (518) 474-6000. SincerIly, ~hief, Consisten~ Review and Analysis Bureau Division of Coastal Resources and Watetfront Revitalization COE/New York District - Sophie Ettinger DEC/Region 1- Diana Sanford Town of Southold - Albert rrll~l~rintefl on meyeleo paper May 6, 1996 Trustees Town of Southold Town Hall Main Street Southold, NY 11971 No. 57-2-23 I 6 1996 Regulatory Affairs NYS Dept. of Environ. Conservation SUNY Building 40 Stony Brook, NY No. 1-47384)1044 Marc Hellman US Army Corps of Engineers 26 Federal Plaza New York, NY 10278 No~ 95-00540-12 Walter Meyer NYS Dept. of State Albany, NY 12231-0001 No. F-95-405 RE: Bontie Only Dear Sirs: Thanks for the approval to have "J" shape rather than an "L" shape as originally planned. The change was initiated at the request of my neighbor to provide more maneuvering room at his dock to the south- east and to reach the deeper water in the dredged area. The dock dimensions will be a 20 foot extension south and a 16 foot return on the "J". However, since then it has become apparent that the initial small extension was too little to effectively use the deeper water. Therefore, I would like to add a 12 foot long, 3 foot wide floating extension to the 16 foot fixed "return" on the "J". This added floatation will be entirely within the deep water and will allow for the 10 foot vegetation setback to reach "deep" water. All other conditions, dimensions and materials will remain as originally permitted and amended in April of 1996. A map is attached. As this change is would not significantly affect the environment or navigation, I would expect it to be a relatively simple change. I promise this will be the final modification for Bontje! If you have any questions, please do not hes~ontact me. Sincerely, M;,chael~P. Bontje BONTIE26.LTR STATE OF NEW YORK DEPArtmENT OF State ALBANY, NY 12231-000! ALEXANDER F. TREADWELL SECRETARY OF STATE April 11, 1996 Michael P. Bontje 15 Franklin. Court Northport, NY 11768 Re: F-95 -405 U.S. Army Corps of Engineers/New York District Permit Application #95-00540-L2 MichaelP. Bon~je Town of Southold, Suffolk County DEC #I-4738-01044/00001-0 Permit Modification Dear Mr. Bontje: The Department of State has reviewed the infointation you submitted r~arding a modification to the project that was authorized by COE/NY Permit #95-00540-LZ The proposed modification would change the configuration of your proposed dock extension from an "L" shape to a "J" shape, and the dock dimensions from 18' to 20' for the soutl5 extension and from 14' to 16' return on the "J" to allow for a Iff vegetation setback. The project as modified would not cause coastal zone effects substantially different than those originally reviewed by this Department. Therefore, the Department has no objection to the proposed permit modification. A copy of this letter is being sent to the Corps of Engineers infot,,,ing that federal a~nq of this dete~n/ination. if you have any questions on this matter, please call Walter F. Meyer at (518) 474-6000. Sinc~erely,. . C~ief, Consiste ~n6/Review and Analysis Bureau Division of Coastal Resources and Waterfront Revitalization WFB:dtb cc: COE/New York District - Sophie Ettinger DEC/Region 1 - Diana Sanford Town of Sonthold - Albert Krupski C~ printed on rec~,cled paper ; -:t996 - ' / ToWn Of Sout~old Town Hall Main Street Southold, N.Y. t197~ Marc Hellmmn US Army Corps of Engine~ers 26 Federal Plaza N.Y. '10278 APR Regulatory-Affairs NYS Dept. of Environ. COnservation SUNY Building 40 Stony Brook, N.Y. No./_ NYS Dept. or State Albany, NY The attached drawing shows that the Bontje dock extension will nQ~ make a "J', shape rather than an "L" shape as originally Planned.~ The:chaNge wa~ initiated.at .fhe request of my neighbor to provide more maneuvering room at-his dock to the southeast. ~other dock dimensions will be a 20 foot (o~iginally t8 foot) extenSion.south and a 16 foot (originally 14 foot) return on the "J" to allow for the 10 foot vegetation setback yet still reach "deep" water. All ~other dimensions and materials will remain as originally permitted. As this'change is would not significantly affect the environment or navigation, I would expect it to be a relatively simple change. If you have any questions, please do not hesitate to contact me. Michel P. Bontje ' ~BoNTjE24 .LTR ALEXANDER F. TREADWELL SECRETARY OF STATE STATE Of New YORK DEPARTMENT OF STATE ALBANY, NY 12231-OOO! February 13, 1996 Mr. Michael P. Bontje 15 Franklin Court Northport, NY 11768 F-95-405 U.S. Army Corps of Engineers/New York District Perm_it Application #95-00540-L2 Michael P. Bontje '& John H. Mulholland Town of Southotd. Suffolk County DEC #1-4738-01044 & 01043/'00001-0 Permit Modification Dear Mr. Bontje: The Department of State has reviewed the information you submitted regarding a modification to the project that was author/zed by COE/NY Permit #95-00540-L2. The proposed modification would allow for the use of a land-based crane on mats, and the dewatering system will be two land-based conta'mers. The project as modified would not cause coastal zone effects substantially different than those originally reviewed by this Department. Therefore, the.Department has no objection to the proposed permit modification. ~$~~j~- A copy of this letter is being sent to the Corps of Engineers infornfing that federal agency of this determination. If you have any questions on fids matter, WFB:WFM:dlb cc: COE/NY District - Sophie Etfinger DEC/Region I - Diana Sanford please call me at (518) 474-6000. SincereCy, , W/~'llaTm'F. Barton / Chief, Consistency~Review and Analysis Bureau Division of Coastal Resources and Wat¢,fiont Revitalization Town of Southold - Albert ' February,; 1996 Town Hall Main Street Southold, N.Y. 11971 No. 57-2-23 & 24 Regulatory Affairs NYS Dept. of Environ. Conservation SUNY Building 40 Stony Brook, N.Y. 11790-2356 No. 1-4738-01043 & 01144 Mr. Marc Hellman Us Army Corps of Engineers 26 Federal Plaza New York, N.Y. 10278 No. 95-00540-12 RE: Bontje/Mulholland Dear Sirs: Mr. Walter Meyer NfS Dept. of State Albany, N.Y. 12231-0001 No. F-95-405 I SAND & GRAVEL, INC. Main Road, P.O; Box 776, Orient, NY 1 t 957 Office 323-2585 * FAX 323-2566 * Home 765-1988 September 12, 1995 Associates Northport~ NY 11768 Re: Mulholland & Bontje Project Dear Mr. Bontje: In response to your request for and estimate to do this dredging project, I submit the following: Upon numerous inspections of the site at various.levels of tides, it is recommended that you~Consider doing this project using a land-based crane. The crane will: need~o set on mats and spoil will need to be removed by truck as it is dug. Using a barge for this project is very unlikely as there is no access and virtually no water depth in which to maneuver. I would suggest as an alternative that you consider moving everything by land-based equipment. Trees and shrubery will need to be removed. Please feel free to call if I can be of further assistance. Very truly yours, C. Terry President CTL:m~i MELRII~ WINE SERVICE, ~ ROBINIBON ROAD, G~EENPORT NEW YORK (516) 4R-1546 Feb. ?, Sincerely, lsm~ L Mekos~ ~-~0 February 2, 1996 Trustees Town of Southold Town Hall Main Street Southold, N.Y. 11971 No. 57-2-23 & 24 Mr. Marc Hellman US Army corps of Engineers 26 Federal Plaza New York, N.Y. 10278 NO. 95-'00540-12 LL'~'~)~ ~ ~ ~ U ~ ....... ~'~; .... RegUlatory Affairs NYS Dept. of Environ. Conservation SI/NY Building 40 Stony Brook, N.Y. 11790-2356 No. 1-4738-01043 & 01144 Mr.Walter Meyer NYS Dept. of State Albany, N.Y. 12231-0001 No. F-95-405 RE: Bontje/Mulholland bear Sirs: I have solicited the offers of three companies to implement the dredging project approved this past year. All have indicated the site is tight and only one has equipment with a shallow enough draft to accomplish the work. The anticipated effort was to use two smaller barges and a barge-based excavator from Mel- rose Marine. However, even that contractor has determined that the tightness of the site will prohibit the removal of material from the barge to the trucks on land. We considered a crane, a pump and a conveyer. None of these systems were feasible. The project, therefore, must return to the original method proposed: A land-based crane in front of the Mulholland house. The dif- ference in procedure will be the use of a land-based crane, on mats, as shown on the attached drawing. The dewatering system will be two land-based containers. The crane will excavate the dredge area and deposit the material in the steel containers setup to decant the water from the sediments. The dewatering container allows the material to sit in a 30 yard box and settle any solids to the bottom. Water in the dredge material separates itself to the top and then is decanted into a separate chamber aE the end of the box. The water is then allowed to settle over- night and is then discharged to the original waters. The same system is used to dredge hazardous waste sites and so provides a level of environmental protection equal to the original procee- dures. The decanting box method of dewatering was already ap- proved as a barge-based method by the NYSDOS, Trustees and the US Army Corps of Engineers. The crane will unload the containers to the trucks for transport to the disposal area (which remains as originally permitted). (5'~6)694,-3040 FAX:,(S][§)420-' , ~ I~ 10478 LAB NO: 9517758 B. LAING ASSOCIATES 225 MAIN STI~,:~-[' NOR'£~.~0RT, NY 11768 TYPE ...... MISCELLANEOUS L ~QUID SPECIAL DATE COLLECTED. DATE RECEIVED.. COLLECTED B~... 07/05/95 07/05/95 CL99 POINT NO: LOCATION: DREDGE MATERIAL SOUTHOLD REMARKS: TOTAL ALDICARBS TOTAL ALDIC~%RB - ( u9/1 RESULT PARAMETER <3 RESULT COPIES TO: DATE RUN ....... DATE REPORTED.. 07/06/95 07/06/95 ORIG I NAL DATE ISSUED 07/07/95 If you have any questions, please do not hesitate to contact me. I'm sorry that the evaluation of various methodologies required this much time. As the permits have substantial time constraints, I am requesting a rapid turn around. I greatly appreciate your attention to this matter! Sincerely, Michael P. Bontje BONTJE23.LTR Albert J. Krupski, Preskh/nt John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 3, i996 Michael P. Bontje 15 Franklin Court Northport, NY 11768 RE: 57-2-23 & 24 Dear Mr. Bont~e, As per our phone co~¥ersation earlier this week, the Southold Town Board of Trustees discussed your pro3ect at our worksession on Thursday, December 21, 1995 and were satisfied with your request for the procedure as long as the'dredge spoil will be placed in the same place as was pe~l~tted for originally. If you have any questions, pte~me call our office. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh December 13, 1995 Trustees Town of Southold Town Hall Main Street Southold, N.Y. I1971 RE: Bontje/Mulholland Dear Trustees: I have solicited the offers of three companies to implement the dredging project approved this past year. Ail have indicated the the site is tight and only one has equipment with a shallow enough draft to accomplish the work. The effort will use two smaller barges and a barge-based excavator, with an enclosed bucket, from Melrose Marine. The differences in procedure will be the use of a barge-based dewatering system and a land-based~ crane to unload the dewatering box on one of the barges. The dewatering box allows the material to sit in a 30 yard box and settle any solids to the bottom. Water in the bucket and material separates itself to the top and then is decanted into a separate chamber at the end of the box. The water is then allowed to settle overnight and is then discharged to the original waters. The same system is used to dredge hazardous waste sites and so Provides a level of environmental protection equal to the original procedures. If you have any questions, Rlease do not hesitate to contact me. As the permits have substantial time constraints, if I have not heard from you in two calendar weeks, I will have to assume your concurrence. Sincerely, Michael P. Sontje CC: U.S. Army Corps NYSDEC BONT3E18.LTR Telephone (516) 765-1801 . SOUTIqOLD TO~VN CONSERVATION ~&DVISORY COUNCIL Town H'ai!. $3095 Main Road P.O. Box !I79 $outhold, New York 11971 At the meeting of the Southold Town Conservation Advisory Council held Thursday, August 2~, 1995 the following action was taken: No. 1225 Moved by Stephen Angell, seconded by John Hagerty, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Application of JOHN fl. MULHOLLAND AND MIC~IAEL P. BONTJE 57-2-23 & 24 to maintenance dredge to 3' below MLW on Mulholland and Bontje parcels (privately owned bottom), dewater spoil on site and then move to upland site on Island View Lane with owners permission. Also to add and restore 3' x 30' open pile dock to Mulholland and twin pilings to each on remnant piles near waters edge of Mulholland property. 725 and 802 Island View Lane, Greenport Vote of Council: Ayes: All Motion carried. STATE OF NEW York DEPARTMENT OF STATE ALBANY, NY 12231-O001 ALEXANDER F. TREaDWELL SECRETARY OF STATE August 15, [995 Mr. Michael P. Bontje 15 Franklin Court Northport, NY 11768 Dear Mr. Bontje: Re: F-95-405 U.S. At'my Corps of Engineers/New York District Permit Application #95-00540-L2 Michael P. Bontje & John H. Mulholland Town of Southold, Suffolk County DEC #14738-01044 & 01043/00001-0 The Department of State has completed its evaluation of your Federal Consistency Assessment Fo~m and certification that the above proposed permit activity complies with New York State's approved Coastal Management Program~ and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the mod{fled project infoimation submitted on June 26, 1995, July 3, July 7, and July 24, 1995 (copies attached), the Department of State concurs with your consistency certification subjec~ to the following condition that you agreed to in your letter dated June 22, 1995: In order to protect shorebird nesting areas, the proposed work will not occur during the period April 15 - July 1 of any year. This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, perm/ts, and approvals required under existing State statutes. A copy of this decision has been sent to Enclosures GRS/W /jtb cc: COE/NY District - Sophie Ettin§er NYS DEC/Region 1 - Diana S~n¢ord Town of Southold - Albert Krupski the Corps of En~neers. Sinqe~ely, Director Division of Coastal Resources & Waterfront Revitalization lC BAY ESTATES P.O. BOX ~25 GRE~NPORT, N~ 11944 11971 from! faxed the attached letter to you concerning the placement of fill project on Island View Lane in Greenport, N.Y. that time, the Homeowners Association has become more fully informed of the fill from the dredging pro]ect and have no objection to it. of the peconi¢ Bay Homeowners Association, I would like to thank .:attention and consideration on this matter. .I-Iolley PECONIC BAY ESTATES PROPERTY OWNERS ASSOCIATION, INC. P.O. BOX 725 GREENPORT, NY 119~ June 29, 1995 Trustee, Town of Southold Southold Town Hall Main Road Southold, New York 11971 Town Trustees: I am the president of the Peconic Bay Homeowners Association which includes approximately 150 households in the Bayshore Road - Kerwin Boulevard area of Greenport. Last night, June 28, I was informed by several residents that a hearing would be held tonight, June 29 at 7:00 P.M. to request a Trustee peifflit to dredge a creek in our area and dump the fill on the August acres property immediately adjacent to the 1270 Bayshore Road. We would respectfully request that consideration of this pe~wit be put off until the July meeting of the Trustees so that we can gather more infox'luation concerning the proposed dumping of fill and the effect of this dumping on our area. We have no objection to the dredging of the creek and may not have any objections to the dumping but we would like the opportunity to gather information and present it to our members at the annual meeting of the Association on July 8. On behalf of the Peconic Bay Homeowners Association I extend my thanks for your consideration in reviewing this situation. Sincerely, Robert E. Holley July 20, 19.95 Ms. Diana Sanford NYS Dept. of Environmental Conservation Division of Regulatory Services Building 40, SUNY Stony Brook, b~ 11790-2356 RE: Bont~e/Mulholland ~ 1-4738-01044 & 01043 Dear Ms Sanford: Per your request of 7/12/95, I have revised the subject drawings to reflect the addition of a temporary dewatering area. .The proposed location is currently a lawn area on the Bontje parcel. The materials will be deposited, directly after being dredged, on the south end of the dewatering pen and then rehandled to the northern end of the area or directly onto a dump truck after sitting for a day or two. Dredging will be conducted by a large m®unted crane and so, dredge materials will be trans- mitted over vegetated wetlands in the closed crane bucket. Materials will be rehandled (within the dewatering area and for removal) by a land-based bucket loader of some sort. This pro- cedure will then allow the "older" materials to be piled higher, away from the water and will open up space for the remaining effortl. The dewatering area will be ringed with a hay bale and fabric filter silt fence. The haybales will be placed/staked end-to-end inboard of the fabric fence which will also be staked in place and "toed" in to the site soil. After a period of one day to two weeks (weather and schedule permitting), the dewatered materials will be transported off site to the August Acres subdivision at a location outside further wet- land jurisdictions. If you have any questions, please do not hesitate to contact me. Sincerely, Michael P. Bontje cc: Marc Helman, U.S. Army Corps Walter Meyer, NYS Dept. of State Trustess; Town of Southold ~/' BONTJE19.LTR July 6, 1995 TOWN OF SOUTnO_D Trustees Town of Southold i!Town Hall Main Street Southold, N.Y. 11971 ~RE: Bontje/Mulholland Dear Trustees: Per your request, I have revised nhe subject drawings to reflect the addition of a temporary dewatering area. The proposed location is~currently a lawn area. The materials will ~e deposited on the =outh end and then rehandled to the northern end of the area or directly onto a dump truck after sitting for a [11 then allow the ,,older" materials ~ day or two. This procedure w~ to be piled higher, away from the water and will open up space for the remaining effort. The dewatering area will be ringed , with a hay bale and fabric filter silt fence. The haybales will I~ be placed/staked end-tc-end inboard of uhe fabric fence which will also be staked in place and "toed" in to the site soil. If you have any questions, please do not hesitate to contact me. Sincerely, Michael P. Bontje CC: U.S. Army Corps NYSDEC BONTJE18.LTR ~. STATE OF NEW YORK DEPARTMENT Of STATE ALBANY, NY 12231-OO01 ALEXANDER F. TREADWELL SECRETARY Of STATE June 27, 1995 Mr. Michael P. Bontje 15 Franklin Court Northport, NY 11768 Re: F-95-405 U.S. Army Corps of Engineers/NY District Permit Application #95-00540-L2 Michael P. Bontje & John H. Mulholland Town of Southold, Suffolk County Acknowledgement of Federal Consistency Assessment Form and Request for Additional Information Dear Mr. Bontje: Thank you for submitting your Federal Consistency Assessment Form and supporting information to the Department of State (DOS) on June 26. 1995. DOS has determined that the submitted documentation is adequate to commence our review of your proposed project. However. pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed project. *Please note that although the project has been modified, DOS is concerned that the activity associated with dredging as well as the dock construction activities may disturb any tern or ptove~r populations on Conkling Point Beach. Therefore, please affirm you original agreement of January 30, 1995 that dredging shall not occur during the period April 15 - July 31 of any year. Please provide the information requested above to the Department of,State wi~b5~ ~'h~rty days from the date of this letter. Pursuant to 15 CFR 930.64(d), ff this necessary data and information is not provided, the Department of State may object_ to your consisrenq, cert~cation on the grounds of insufficient information. Any additional information which you believe will facilitate our consistency review of this project would be appreciated. You and the Corps of Engineers will be notified of our decision when we have completed our review of this project for its consistency with the New York State Coastal Management Program. The Corps of Engineers cannot issue a permit for this project unless the Department of State concurs with your consistency certification. A copy Of this tetter has been sent to the U.S. Army Corps of Engineem. Please call me at (518) 474-6000 if you have any questions. TO: Mike Bontje FR: John Posillico June 29, 1995 TO WHOM IT MAY CONCERN: I, John Posillico, an authorized representative of Posillico Construction, the owner of August Acres subdivisions in Southold, New York, have agreed to allow Mssrs. Bontje and Mulholland to dispose of dredge spoil material at my direction in the subdivi- sion under the following conditions: 1. The material will come from lands in that creek immediately in front of their properties on Island View Lane in Southold New York. 2. The material will not exceed 400 cubic yards. 3. The material will not be deposited before October 15 or after April 1 and I will be notified in advance of the exact disposal dates. 4. The curb will be temporarily "ramped" to allow truck entry to the lot and the ramp will be removed within a day of the last deposit of material. 5. The material will be spread and limed within one week of deposition. 6. The surface of the material will be seeded to a grass mix within one month of deposition. Sincerely, John Posillico 06/29/95 29, I995 PAINE WEBBER LEGAL PECONIC BAY ESTATES ~ ASHOCZATZOH. ZNC. P.O. BOX 725 ~ORT, I~Y ~.~.944 ~ OOi Truaee_-, Town of $outhold Southold Town Hall Main Road Southold, Ncw York 11971 I am the president of the Peeonic Bay Homeowners Assodation which includes approximately 150 households in the Bayshore Road - K. erwin Boulevard area of Greenpon. Last night, 1une 28, I .was informed by several residents that a hearing would be held tonight, 1une 29 at 7:00 P.M. to request a Trustee permit to ckcdge a creek in our area and dump the fill on the August acres property immediately adjacent to the 1270 Bayshore Road. We would respectfully request that consideration of this permit be put off until thc luly meeting of the Trustees so that we can gather more information concerning thc proposed dumpin~ of fill and the effect of this dumping on our area. Wc have no objection to the dredging of the creek and may not have any objections to the dumping but we would like the opportunity to gather information and present it to our members at thc annual meeting of the Association on luly 8. On bchalf of the Pcconic Bay Homeowners As_~iafion I extend my thanks for your consideration in reviewing this sittmtion. Sincerely, Robert E. Holley ~sz-.*z" orand tax transmittal memo 7671 AUGUST ACRES SO. OLD, NEW YORK POSILUCO CONSTRUCTION 31 TENNYSON AVENUE ~RY, NEW YORK 11590 (516) ~ & (~I6)477050O June 16, 1995 Trustees Town of Southold Town Hall Main Street Southold, NY RE: Bontje/Mulholland Application Honorable Trustees: I have submitted a revised plan, for tke referenced dredging projecn. The revisions are in response to comments made by the New York State Department of Environmental Conservation and will be provided to them and nhe U.S. Army Corps of Engineers in the very near future. The changes are three fold. First, the depth has been cut from &.5 to 3.0 feet. The area has, however, been expanded some- what to provide that more of the original (1960) creek dredging will be repeated. Secondly, the Bontje and Mulholland docks will be extended further to avoid vegetated wetlands and sloping will be increased to 2 on 1 to prevent slumping of the adjacent Spartina area. Finally, the dredged material will be disposed of off site. The development August Acres has agreed to take our dredge material. The disposal will occur on one of the lots which is outside the trustees jurisdiction; that is, it will be at l~ast 75 feet from wetlands. I will be at the hearing mn June but if you have any ques- tions, please do not hesitate to contact me. Sincerely, Michael P. Bontje BONTJE13.LTR State Of NEW YOrK DEPARTMENT OF STATE ALBANY. NY 12231-0001 ALEXANDER F. TREADWELL SECRETARY OF STATE June 7, 1995 Mr. Michael P. Bontje 15 Franklin Court Northport, NY 11768 Dear Mr. Bontje: Re: F-94-687 U.S. At'my Corps of En~neers/New York Disu--ict Per,',, it Application #95-00540-1 2 M/chael P. Bontje & John H. Mulholland Town of Southold, Suffolk County DEC #1-4738-0144 & 0143/00001-0 Withdrawal of Application The Department of State has received your letter dated June 2, 1995 withdrawing your consistency certification and permit application from process/ng at this time. The Department has, therefore, term/nated its review of your Federal Consistency Assessment Form and certification that the proposed permit activity complies with New York State's Coastal Management Program and will be conducted in a manner consistent with such program. If you re-submit your application to the Corps, a copy of the revised Corps application and Federal Consistency Assessment Form should be sent to the Depm'tment of State for review with respect to its consistency with the New York State Coastal Management Program. A new consistency review period will commence, once it is determined that all the necessary data and information have been submitted. The Corps is being notified of this action by copy of this letter. If you have any questions on this matter, please write to us or call (518) 474-6000. and Analysis Bureau Division of Coastal Resources and Waterfront Revitalization WFB:WM:jtb cc: COE/New York District - Marc Helman DEC/Region 1 - Diane Sanford Town of Southold - Albert Krupski STATE OF NEW YORk DEPArtMENt Of State AlbaNY, NY TOWN OF SOUTHOLD ALEXANDER F, tREADWELL SECRETARY OF STATE Mr. Michael Bontje 15 Franklin Court Northport, New York 11768 May 15, 1995 Re'. F-94-687 U.S. Army Corps of Engineers/NY District Pem~it Application #95-00540-L2 Michael Bontje & John H. Mulholland Town of Southold Dear Mr. Bont~e: Thank you for your May 8, 1995 response to our Request for Additional lnformation of April 28, 1995. In a letter to you dated April 5, 1995 (copy attached), the Department of Environmental Conservation (DEC)/ndicated that the proposed project does not meet the tidal wetlands regulatory standards in 6 NYCRR Part 661.9. The letter from DEC indicates that the project, as proposed, "...will destroy an area of intertidal marsh" and "...adversely effect an area of shallow water habitat within the shoals and mudflats". Since DEC has detecto/ned that the proposed project does not meet the tidal wetland regulatory standards contained in 6 NYCRR Part 661.9, the D~pas tment of State wo~d not be able to concur with your federal consistency certifcation for Coastal Policy #44, which is the State's coastal policy regarding wetlands. In additiom the loss of salt marsh habitat - which is an essential component of the State-designated ConkHng Point Significant Coastal Fish and Wildlife Habitat - through excavation or filling, would reduce the value of the designated habitat as a food producing area for many wildlife species, and does not appear to be consistent with Stare Coastal Policy #7, which pertains to designated Significant Coastal Fish and Wildlife Habitats. Based on this info~mation, the Department of State has tentatively determined that authorization of your proposed project by the U.S. Army Corps of Engineers would not be consistent with the New York Coastal Management Program. The Department of State tentatively intends to object to your consistency certification on the grounds that the proposed project would be inconsistent with Policies 7 and 44 of the State Coastal Management Program. If the Department of State objects to your consistency certification, the U.S. Army Corps of Engineers ~s prohibited from issmng a permit for the proposed project. Given this information, it is suggested that you withdraw the consistency certification that Page 2 you provided for this project, until such time as the tidal wetlands issues identified by the DEC ~e resolved. If and when these issues are resolved, you could resubmit a new Federal Consistency Assessment Form (FCAF), and any necessary project modifications that would make the project consistent with the Coastal Management Program~ to the Depaltment of State, and we would expedite our review of the project and our decision to concur with, or object to you new consistency certification. Please/ndicate whether you/ntend to withdraw your consistency certification for this project, or whether you wish this Department ro continue its review of your consistency certification and our tentative decision to object to your consistency certification. Please provide this infmmation within thirty days from the date of this letter. If you do not provide this information within thirty days from the date of this letter, we will presume that you wish the Department of State to continue its review of the project, and to make our written decision, by August 7, 1995. A copy of this letter has been sent to the U.S. Almy Corps of Engineers. Please call me at (518) 474-6000 ff you have any questions regarding this matter. WFM/w fin Attachments cc: COE/NY District - Marc Helman NYS DEC/Region 1 - Diana Sarfford Town of Southold - Albert J. Kmpski Sincerely,/'? Walter F. Meyer Coastal Resources Special/st Consistency Review Unit Division of Coastal Resources and Watexh'ont Revitalization State OF NEW York DEPArtmeNT Of State ALBANY. NY 12231'0001 ALEXANDER F, TREADWELL SECRETARY OF STATE May 8, 1995 Mr. Michael P. Bontje 15 Franklin Court Northporr, NY 11768 Re: F-94-687 U.S. Army Corps of Engineers/New York District Permit Application #95-00540-12 Michael P. Bontje & John H. Mulholtand Town of Southold, Suffolk County Status of Consistency Review Dear Mr. Bontje: The Department of State is required to notify you of the status of our review of this project for its consistency with the New York State Coastal Management Program if a decision has not been issued within three months following commencement of our consistency review. We cannot complete our consistency review for this project until you respond to our request for additional information dated April 28, 1995 (copy enclosed). A copy of this letter has been sent to the Corps of Engineers. Please call Walter Meyer at (518) Enclosure WFBXOtb cc: COE/NY District - Marc Helman NYS DEC/Region 1 - Diane Sanford Town of Southold - Albert Krupstd 474-6000 if you have any questions. Sincerely, William F2 Barton Chef, Consistency Review and Analysis Bureau Division of Coastal Resources and Waterfront Revitalization day 8~ !995 Albany..., ;%~Y~ 12232 .... 000] !OWN OF SOUNOt_ Bsnt e/M,'...~ii-:ei ! ..... s Dean Mr-~ MeyeP'¢, Ye}un aispa pEq']'{~ ccq'".-.-c: :LL.~sion a~. 'ice the] non~a i n%a i nenc:e the o¥-o0o%~c~ {J~-"e{J~:[~]{2~ is ~:)a~}d cq'] ~ ~.~,~,~=,.~ infonma'hion~ ?",~ ...... ] +' 'fnom sevePa! items c-.: ..... ~.. ?-el '~ s:~-~c-~: ,-.,~, the NYSDEC ''':./~. ..... ~:..~. :', ]' .R teF'~{l]k{~ .... pep the.~ '~ -' =. ,-' ~"~'--~-~ ~ ~ ,~;~ T'~?S[]O'~'iSe %:0 sanle ~ Th~ ~N~w~'"~?"'~ { %:: b: c~,~?h ...... 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Tine 2C: ,/~,;a?-~. ...... , suppc:~sec:i ,...~..~,~..~, , is alsc::~~ .... c.~ a riva guicianca es~an rep .i.:h~?:: d~r",'kh %o ha' mainta:i, necJ: The a ].st'~:;¢2T' fP{:::¢r~ HT',, {-': "'i,,C,::i i,"~d;iC:,.~';;a.S !':hr~ 'U].~'llr'!¢j ar'~d cRep%:h 'raev oa:,ep :i.n %he mi,''i-~.~ ¢.970 's. (20 yeans ago } ,, Thus,, the J. ssue · ~;.;¢*.; m,- is a ~¥,.i hep one. The fa{::t is,, and Pan~a-i ns ~hat the in d~subt:,, .':--"-:'er' the~ ............, ,.~.~'"~-~u i:z.:.)'tt:~eP~ the ~-~i.q::~'~' ....................... ~ ~..~:u,..~!ished a / ,-~, ,..,-., '['i"'C)f~i ~. ~= ~ .~ L.~.~ .~.~ .~ ~ J ~ ~ C)~l..~/ a f~b~ yi"S ,_=~_~nr~ , nn thei n ?"::~ ~'~+ is yepy L.ulcl{aP%a i n hC)b~{aVel{.}T~ ~ i5 F~C]'~ .jL.~S'~ b~P~:, a ~"~:~C'¥'~:: .......................... 'h'[ ~'~n~:~ ][.J~,~i~ ........ a.L. ~]~z.~ ~.~ {2~']'hi.[lti~D bt.~ i["iS].~-~: i[~., ~:: 4 n %h{~' :"~'""~'i b~as pT'C)V" ' e~ ac{l{~.ss tc} {jew '~ ~a~..~~ .... ~.[;:~: %~p: ~:'?-n,~ -~--- ~- ..?. i n-h '%h~ Pight ef ac:tess and use~ If i do net Pete:Lye the pePm:[ssi~]n i...:~na.!].y,, ~,:,~;~ ~t'~ac:ne~ iette'i .....~,~ the Nf~:D~=b= the SEGP;iA~,,~...~..,~4~:'~ DEC and th~ s:?.i j::.~-~?,-]-.~.~,n:='?'~'"'~l--.,...~ 'S Pec{~nt ~a'i .......... n'h~:q']~mc~:~ fiPedoing= p¥'cJ:js{.ct,~ d,em.'x]stPete the no signif:i, cant imoact t{:] the envinnnment bi:Li]. OC:{:L.iP= iii is V~T'Y iF'iStPtiCi'Jli. V~ CO Fli:l:t~ 'hh;:::'h !:~E~ ]lOCal govennmen% made the MEiG DE[]~ 'l"h~,y visi't{ed 'hhe~ s:['t~a,~ invitino me~ '~-~ ..... ~-~ ...... ~-'~,~',~- how,, when a~,~ ~,~,, the fir'st cl~:~,''i- {:jji~]c ~a~5 ~:~-r''~i'[r .i.].Si]~E{,Q~ ~,~}, -.4 ..... ? ij The bot'.'s.sm line :is ~-~'~=.~" .H-, ...... ',~'~i'i~".'-'~'t~,,'',~- ?.ii'~l not P,=. w:{~''~ ....... ac:ex, ss n.ivi~aoJ, e wate?~ The ._..,..,~._c"~'~n,-] ........ ~ ~{i nn befc]pe a i ].{D~in'''`,~ C::ofn[0en'h fT'O[T~ whici~ is a ~ ..... ~:= ............................................................. m~ny yeF~.ns Michael P~ Bontje May 5, 1995 Ms. Diana L. Sanford New York State Department of Environmental Conservation Building 40 State University of New York Stony Brook, New York 11790-2356 RE: 1-4738-01043/1-0 1-4738-01044/1-0 Dear Ms. Sanford: I was distressed to see that the NYSDEC had taken the posi- tion that the subject action was a new dredging project as op- posed to a maintenance dredging project. I stenuously object to this incorrect decision which was accomplished without a basis in fact (and perhaps contrary to known facts and natural processes), without any chance for any inpu5 from we the applicants, without allowing for representation during a site visit and in defiau of logical conclusions. This ma%ret should be reviewed and reversed WITH THIS AND OTHER INPUT FROM THE APPLICANT fi.e., please call if you have any questions.) First, the procedural matters. The Uniform Procedures requires that applicants have the right to representation du~ site visits and must be contacted ~o allow addition fact fine prior to significant decisions regarding their petition to State. This is not jus5 a procedural ma5uer, but common cou~ and an intelligent way in which to become informed.' In this alone, several major and minor issues could have been resolw a few minutes discussion rather than months of paperwork. agencies have informed me as to the timing of field visits a~ asked me for more information prior to such events. I did nc receive so much as a phone call from either you or your anal5 in Marine Resources. These breaches of required regulatory protocol and logic demand that you revisit the maintenance d] ing issue and, perhaps even the site (with me present). To end, I have included additional information and requesu that ask first, if you need more. In regard to the maintenance nature of the dredging, I ] enclosed data and information to support this contention. A~ I stress thau this information could easily have been clarif] provided and demonstrated in the field if we had jointly vis the site. First, I have again enclosed a copy of the Lordi ~ Casamina which clearly shows that the high tide line occurre~ to 100 feet south of the subject sites prior to 1966 and occ' at the edge of the subject parcels now. Therefore, the creel front of Mulholland/Bontje must have been created by dredgin! ce ing ing 'tesy case d ~n her .d/or ~t st edg- .his you ave ain, ed, .ted 150 rs in Mulholland/Bontje · May 5, 1995 Page 2 Mr. Michael Carlucci was present when the dredging was conducted and testifies to same (see attached letter). Finally, the attached invoice for said work (Mr. Horn was Mrs. Mulholland's father) verifies its occurrence in 1959/60. The second question is the depth of such waters within the last 20 years. The revised drawing attached indicates a depth of 2.5 feet at mean low wa~er (the original drawing may have been unclear, 4.5 feet of depth was intended to refer to mean high water and not low water) It should be noted that, given the fact that the dredging had occurred, the burden of proof falls back to the NYSDEC because: 1) the very purpose of dredging is mos~ often to provide naviqable waters (i.e., they muss be at least 2 to.3 feet deep at low water); 2) sedimentation would cause the water line to rise with time (i.e., the water line would have had to be lower 20 years ago than it is now at the edge of the MuI- holland/Bontje parcels); 3) existing and remnant docks indicate boat±ng use of the creek over time (i.e., the creek would have to navigable); 4) the NYSDEC allowed Carlucci/Batdwin a maintenance project dredging in 1989/90 to the same depths proposed herein (i.e., since they are upstream of the subject parcels and had to reach open water, the intervening waters muse also have been at least as navigable). In any event, I have enclosed Mr. Carluc- ci's testament that, having boated these waters for virtually a lifetime, these wasers were 2 to 3 feet deep at mean low waEer until the late 1970's/ early 1980's. The attached invoice indi- cates a dredging project of approximately 200 cu. yds ( the going rate was about $1.00 per cu. yd. at that time. This amoun5 was only a minor part of a project which included the six parcels on the creek and the land owner, John Horn. The total amount of material in the project as a whole would have readily created a depth of three more feet below mean low waLer in the area indica- ted by the Lordi survey. These logical suppositionB, data and information clearly estabtisk a reasonable basis to demonstrate that depths of 2 to 3 feet were present on the site at mean low water within the period 20 years hence. Finally, baldwin and Carlucci received a maintenance dredging permit (# TW10-85-0034) for a site upstream of the Bontje/Carlucci site. The pro- posed project must therefore be considered as a generally com- patible use and treated at that standard. However, I will inquire and/or address the remaining items of [he NYSDEC's comment letter. The proposed dredging will occur in unvegetated shallow marine habitat and the Mulholland dock has been narrowed to 3 feet in width and 3.5 feet above the marsh. How is iL, Lhere- fore, that Intertidal Marsh (vegetated by definition) will be destroyed? (see below - wetland line also). Again, a simple field meeting may have and still may help to resolve this issue. In 1989/90 Mulholland received permission (from NYSDEC) to expand their home. At that time, the wetland line was a minimum of 75 feet from the home. We stand on that delineation as no map Mulholland/Bontje ..... May 5, 1995 Page 3 modification procedure has been followed or suggested by the NYSDEC post dated to that staked and surveyed line. Again, a simple field meeting may have and still may help to resolve this issue. The NYSDEC has alleged the potential for a significant environmental impact of shallow marine habitat. This poten- tial simply does not exist. The reason for this ssatemen~ is fourfold. First, if the project is completed, the area will still be shallow marine habitat. Second, the exact project duplicate (i.e., dredging several hundred yards and disposal on their lawns) occurred on the Baldwin/Carlucci site, immediately next door. This project did not have any significant environ- mental impact. Seven years of observation of this area on the Baldwin/Carlucci site have demonstrated that the same species (if not more, because the site is active marine habitat at low tide) occupy the flats in frOn5 of the subject site. Again, a simple site visit and/or communication with the applicant would have made this evident in just a few minutes. Thirdly, the cur- rent project applicants designed the site to eliminate the need for a bulkhead. Finally, I have enclosed the attached NEG DEC as determined by the SEQRA Lead Agency. Extension of the two site's docks is not a practical solu- tion. Such an extension would have to come within 15 to 20 feet of bulkheads across the creek to reach significantly deeper water. When boats were attached to these docks, the channel would be too narrow for upstream proper~y owners to navigate safely pest the property. These boats, further, would be stranded at low tide. Lastly, these parcels had access to navigable water and sediment- ation is threaten to eliminate such access. Each waterfront lot is absolutely entitled to this riparian access and~right. We insist that the NYSDEC recognize this right and gran~ a permit 5o redredge the property at the earliest opportunity. To that end, please contact me if you have any questions and perhaps a site visit with the applicant present would clear up these issues in just a few minutes. Michael P. Bontje BONTJE06.LTR oO ~;. KINr~ I='ASTI=RN £XCAYATINI3 CO. CRANES - BULLDOZERS ROAD SCRAPING . TRUCKS FOR HIRE BAND - I]RAVEL - TDI=BOIL . FILL MAIN ROAD ORIENT. NEW YORK December COttage ~'10 We have been contracted by ¥~.l~rank Hoz~ of Greenpo~t,New York to c~edge a section of his me,dew p~operty of which a portion o£ it l'e S~tt~ land. I~e~ging to oo~ence du~ing the latter pa~t of this month. The following is ou~ estimate to d:~edge and fill you~ section of meadow as pe~ aS~eement with E~o~ank Ho~n.Youm cost for the above mentioned work on yotu~ p~operty will be $200,00 (Two-Hundred Dollems.). ~ Sincex-ely you~s~ May 5, 1995 Ms. Diana L. Sanford New York State Department of Environmental Conservation Building 40 State University of New York Stony Brook, New York 11790-2356 RE: 1-4738-01043/1-0 1-4738-01044/1-0 Dear Ms. Sanford: I was distressed to see that the NYSDEC had taken the posi- tion that the subject action was a new dredging project as op- posed to a maintenance dredging pro3ecu. I stenuously object to this incorrect decision which was accomplished without a basis in fact '(and perhaps contrary to known facts and natural processes), without any chance for any input from we the applicants, without allowing for representation during a site visit and in defiance of logical conclusions. This matter should be reviewed and reverse~ WITH THIS AND OTHER INPUT FROM THE APPLICANT (i.e., please call if you have any questions.) First, the procedural matters. The Uniform Procedures Act requires that applicants have the right to representation during site visits and must be contacted to allow addition fact finding prior to significant decisions regarding their petition to the State. This is not just a procedural matter, but common cournesy and an intelligent way in which uo become informed.' In this case alone, several major and minor issues could have been resolved in a few minutes discussion rather than months of paperwork. Other agencies have informed me as to the timing of field visits and/or asked me for more information prior to such events. I did not receive so much as a phone call from either you or your analyst in Marine Resources. These breaches of required regulatory protocol and logic demand than you revisit the maintenance dredg- ing issue and, perhaps even the site (with me present). To this end, I have included additional information and request that you ask first, if you need more. In regard to the maintenance nature of the dredging, I have enclosed data and information to support this contention. Again, I stress that this information could easily have been clarified, provided and demonstrated in the field if we had jointly visited the site. First, I have again enclosed a copy of the Lordi & Casamina which clearly shows that the hiqh tide line occurred 150 to 100 feet south of the subject sites p~ior to 1966 and occurs at the edge of the subject parcels now. Therefore, the creek in front of Mulholland/Bontje must have been created by dredging. Mulholland/Bontje~ May 5, 1995 Page 2 Mr. Michael Carlucci was present when the dredging was conducted and testifies to same (see attached letter). Finally, the attached invoice for said work (Mr. Horn was Mrs. Mulholland's father) verifies its occurrence in 1959/60. The second question is the depth of such waters within the last 20 years. The revised drawing attached indicates a depth of 2.5 feet at mean low water (the original drawing may have been unclear, 4.5 feet of depth was intended to refer to mean high water and not low water) It should be noted that, given the fact that the dredging had occurred, the burden of proof falls back to the NYSDEC because: 1) the very purpose of dredging is most often to provide ~ waters (i.e., they must be a5 least 2 to 3 feet deep at low water); 2) sedimentation would cause the water line to rise With time (i.e., the water line would have had to be lower 20 years ago than it is now at the edge of the Mul- holland/Bontje parcels); 3) existing and remnant docks indicate boating use of the creek over time (i.e., the creek would have to navigable); 4)the NYSDEC allowed Carlucci/Baldwin a maintenance project ~redging in 1989/90 to the same depths proposed herein (i.e., since they are ~ of the subject parcels and had to reach open water, the intervening waters must also have been at least as navigable). In any event, I have enclosed Mr. Carluc- ci's testament that, having boated these waters for virtually a lifetime, these waters were 2 to 3 feet deep at mean low water until the late 1970's/ early 1980's. The attached invoice indi- cates a dredging project of approximately 200 cu. yds ( the going rate was about $1.00 per cu. yd. a5 that time. This amount was only a minor part of a project which included the slx parcels on the creek and the land owner, John Horn. The total amount of material in the projec~ as a whole would have readily created a depth of three more feet below mean low water in the area indica- ted by the Lordi survey. These logical suppositions, data and information clearly establish a reasonable basis to demonstrate that depths of 2 to 3 feet were present on the site at mean low water within the period 20 years hence. Finally, baldwin and Carlucci received a maintenance dredging permit (# TW10-85-0034 for a site ~pstream of the Bontje/Carlucci site. The pro- posed project must therefore be-considered as a generally com- patible use and treated at that ssandard. However, I will inquire and/or address the remaIning items of the NYSDEC's comment letter. The proposed dredging will occur in unvegetated shallow marine habitat and the Mulholland dock has been narrowed to 3 feet in width and 3.5 feet above the marsh. How is it, there- fore, that Intertidal Marsh (vegetated by definition) will be destroyed? (see below - wetland line also). Again, a simple field meeting may have and still may help to resolve this issue. In 1989/90 Mulholland received permission (from NYSDEC) to expand their home. At that time, the wetland line was a minimum of 75 feet from the home. We stand on that delineation as no map Mulholland/Bontje .... May 5, 1995 Page 3 modification procedure has been followed or suggested by the NYSDEC post dated to that staked and surveyed line. Again, a simple field meeting may have and still may help uo resolve this issue. The NYSDEC has alleged the potential for a significant environmental impact of shallow marine habitat. This poten- tial simply does not exis5. The reason for this statement is fourfold. First, if the project is completed, the area will still be shallow marine habitat. Second, the exact project duplicate (i.e., dredging several hundred yards and disposal on their lawns) occurred on the Batdwin/Carlucci site, immediately next door. This project did not have any significant environ- mental impact. SeVen years of observation of this area on the Baldwin/Carlucci site have demonstrated that the same species (if not more, because the site is active marine habitat at low tide) occupy the flats in front of the subject site. Again, a simple site visit and/or communication with the applicant would have made this evident in just a few minutes. Thirdly, the cur- rent project applicants designed the site to eliminate the need for a bulkhead. Finally, I have enclosed the attached NEG DEC as determined by the SEQRA Lead Agency. Extension of the two site's docks is not a practical solu- tion. Such an extension would have to come within 15 to 20 feet of bulkheads across the creek to reach significantly deeper water. When boats were attached to these docks, the channel would be too narrow for upstream property owners no navigate safely pest the property. These boats, further, would be stranded at low tide. Lastly, these parcels had access to navigable water and sediment- ation is threaten uo eliminate such access. Each waterfront lot is absolutely entitled to this riparian access and~right. We insist that the NYSDEC recognize this right and grant a permit to redredge the property at the earliest opportunity. To that end, please contact me if you have any questions and perhaps a site visit with the applicant present would clear up these issues in just a few minutes. Michael P. Bontje BONTJE06.LTR STATE OF NEW YOrK DEPARTMENT OF STATE ALBANY. NY 12231-0001 ALEXANDER F. TRE~DWELL SECRETARY Of STATE Mr. Michael P. Bontje 15 Franklin Court Northport, NY 11768 Apri/28, 1995 Re: F-94-687 U.S..Army Corps of Er~meers/NY District Permit Application #95-00540-L2 Michael P. Bontje & John H. Mulholland Town of Southold Request for Additional Infomation Dear Mr. Bontje: Thank you for submitting a copy of the recent Town of South01d Bo~d of Trustees Negative Declaration dated March 13, 1995. However, the Department of State (DOS) continues ro be concerned with the proposed project~ Pursuant to 35 CFR 930.58, the following data and information is necessary ro enable the Department of State to adequately assess the coastal zone-effects of this proposed project. · As the result of recent telephone conversations with representatives of the NYS Department of Environmental Conservation (NYSDEC) and U.S. Army Corps of Engineers (ACOE), DOS has been informed that the proposed dred~ng of 200 cubic yards of material is not considered to be maintenance dredging since the most recent dredging episode had occurred over twenty years ago. Please comment. DOS is now concerned that substantial tidal wetland vegetation has been established within the proposed areas of dred~ng. Therefore, dredging of established tidal wetlands would not be consistent with the goals of Policy #44. Furthermore, ff dredging has not occurred in over twenty years, the work may cause adverse impact to well established habitat resources within the designated Conkting Point Significant Coastal Fish and Wildlife Habitat. The proposed dred~ng may not be consistent with Policy #7. NYSDEC staff have also indicated that the proposed upland disposal site may presently support viable lAgh marsh vegetation. Disposal of dredged sediments on high marsh vegetation would likely result in adverse impacts and would be contrary to the goals- of Policies #7 and #44. Please cons/der alternatives to' the proposed dredging and upland disposal. For example, would it be possible to dock the vessels at a local marina? Or, would it be possible to utilize another portion of your property where depths are adequate for mooring without the need for dredging? Within your written response to t~s letter, please discuss options which do not require dredging but that are consistent with applicable coastal policies. ~,.~ printed on recycled, pap"~ Page 2 ' · DOS suggests that you withdraw application F-94-687 until such time as an alternative to the proposed dredging is available. Reapplication simply involves submission of a new Federal Consistency Assessmem Form (FCAF) w/th supporting information to ACOE and DOS. Upon receipt, we will review the mod/fled application for consistency with New York State's COastal Management Program. Please provide the informntion requested above to the Department of State with~ thirty days from the date of this letter. Pursuant to 15 CFR 930. 64 (d), if the necessary data and information is not provided, the Department of State may object to your consistency certification on the grounds of insuffic/ent information. Any additional kfformation which you believe will facilitate our cons/stency review of this project would be apprec/ated. A copy of this letter has been sent to the U.S. Army Corps of Engineers. Please call me at (518) 474-6000 if you have any quest? Coastal Resources Special/st WFM/wfm CC: COE/NY District- Marc Helman NYS DEC/Region - Diane Sanford Town of Southold - Albert J. Krupsld DEREK MORCOMBE & ESTHER MORCOMi 615 island View Lane R.1 Greenport, New York, 11944 Town of Southold Trustees 53095 Main Roa~ Southold, New York 11971 TOV' N SUUTHOLD April 26,1995 In Re: Public Hearing, Thursday, April 27,1995 Request for Wetland Permit Mu!holland -Bontje As adjacent property ownersf we repeat our formal request to reject this application. In authorizing the spreading of a large amount of dredged material over such a large areacompounds our objections given in our Feb.22'95 letter. To consider approval of such foul smelling material over a neighbors lawn when there is a public awareness of clean air such as the new 'no smoking' laws, is indefensible in our opinion. Our comments invited by the Town Trustees follows: 1) Please refer to the April 12,'95 letter from applicant Bontje and revised drawing of April 10'95 submitted. Item 1. Yardage of 325 differs from that advertised for this meeting of 400 cubic yards. Item 3- Cross section showing 'fill' is taken near the property line between applicants n.oting that proposed fill is 1.33 ft. deep (say 1'5 inches). Such a depth of fill at our: property line with the adjacent applicant, threatens our cesspools by flooding from rainwater run-off and/or high tides and spill onto our lawn. This cross section suggests that the existing ground level is concave. It is not so. In refering to the "Survey of Property" by Peconic Surveyors Drawing No. 87-107 of the adjacent applicant a constant existing slope of about 1 foot every 30 feet for mos.t of the proposed fill area shown at property lines. A change of site drainage has been previously referred to in our letter of Feb.22'95, to the U.S. Army Corps of Engineers Item 1 and 3 in part copied to the Southold Town Trustees where we commented as being "most strongly objected to". We repeat this objection. This entire subject is most DEREK MORCOMBE & ESTHER MORCOMBE Page 2. Re~ Public Hearing, April 27,1995 REquest for Wetland Permit- Mulholland -Bontje 2) pertinent and critical and should be reviewed in detail. In recent conversation with Mr. Bontje and Mrs. Morcombe, he stated that the proposed fill would be placed in such a way that it would no~ flood our cesspools. He also gave his opinion that it would,no5 smell very much'~ We differ on this based on past experience. Please note that areas of 'Potential Overfill' by the 'traveled road' are about 20 feet & 40 feet from the road-Lots 5,7 and 8 are directly opposite. We suggest that these property owners will beas~ulted and surprised by this fetid muck. So also will many others we think. Correspondence to the Town from Mr. Bontje, stated that haybales will be used to stop the proposed fill from sliding back into the water~ or words to that effect. From experience of 29 years owning our property~ there are known rodents° They may be well attracted to these haybales. There is also ddsr, which eat almost anything it seems ..... and are of course carriers of Lyme Disease.These are concerns relating to health- to which children could be especially vulnerable. To introduce such hazards is unsafe and of public concern. The bales should be secured against high tides and ~high winds.Will they be allowed within the 10 fo~t side yard to the adjacent applicants property since they qualify as a retaining wall and therefore a structure within a wetland setback? Will they be considered as landscaping and subject t'o the proposed Architectural .Review as a design feature? The advertised alternate to these haybales is given as wood chips.We wish to know, at the. least,.that they will not be washed or be blown onto our property. As a matter of record, we wish to state that~no tide has ever reached our house or cesspools in the.past 29 yrs.The adjacent applicant is aware the South face of his house has been Subject to the highest tides since he asked us by telephone from his Cenneticut residence during such a tide. DEREK MORCOMBE & ESTHER MORCOMBE Page 3. Re: Public Hearing, April 27, 1995 REquest for Wetland Permit, Mulholland & Bontje Any site drainage changes, including future top soil or clean fill~ is a concern the applicants should take into consideration and take responsibility for. To date no assurance has been given in writing or on anydrawing of such action. CC: U.S.Army Corps of Engineers w/encl. April 12, 1995 town OF SOU_ HOL TrusEees Town of Southold Town Hall Main St. Southold, New York RE: BonEje/Mulholland A_~lication Dear Sirs: In response to your commenEs resultinq from the March 1995 hearing, I have enclosed revised drawings ~ith the following changes: 1) The maintenance dredging areas have been combined and the yardage reduced to 325 cu. yds. 2) The dock Width has been reduced to 3 feet and elevated to 3.5 feet above grade. 3) A cross section of the fill area has been included and the disposal area expanded no the Bontje parcel with over flow areas also · zndmcated (if needed). Please note that these and the original drawings also show pilings for bontje straddling the maintainence dredge area (reduced from four to three as the areas were combined). Also, the fill area was and is 20 feet back from the Southold wetland line. As such, the intervenzng 20 feet ms and will remain as a lawn. It should be noted that the area is non fertilized or chemically treated at presenE and the owner agrees to refrain from such activity in the future. Thank you for your time and attention in this matter. Sincerely, Michael p. Bontje BONTJE05.LTR I~LA N f> IOo.0 T I Albert J. Kmpski, President John Holzapfel, Vice President William G. Albettson Martin II. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 1000-57-2-23 & 24 NAME: John H. Mulholland Michael P. Bontje DATE: March 31, 1995 Chapt. 97 - Wetlands Chapt. 37 - Coastal Erosion RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town o5 Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a dete~uination made for any other depar~uent or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Type: I DESCRIPTION OF ACTION: Applicant requests a Wetland Permit to maintenance dredge 400 yards to 3" below MLW on Mulholland & Bontje Parcels (privately owned bottom), remove 200 yards each for 400 yards total, dispose on Mulholland parcel above mean spring high water, (existing landscaped lawn area), add and restore 3t X 30' open pile dock to Mulholland and twin pilings to each on remnant piles near waters edge of Mulholland Property. Located 725 & 802 Island View Lane, 300 feet east Bayshore Drive, Greenport. LOCATION: SCTM ~1000-57-2-23 & 24 REASONS SUPPORTING THIS DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. Telephone (516) 765-1801 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TO: SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Southold Town Board of Trustees TOWN OF SOUT..OLD FROM: Southold Town Conservation Advisory Council DATED: March 23, 1995 RE: Recommendation of:Wetland Applications The Southold Town Conservation Advisory Council met Thursday, March 23, 1995. Present were Stephen Angell, Chairman; Bruce Loucka, Member; Robert Keith, Member; Jack Hagerty, Member; Patricia Isaksen, Member; Allan Connell, Member; and Betty Wells, Member. The following recommendations were passed: RECOMMENDATION OF WETLAND APPLICATIONS No. 1225 JOHN C. MULHOLLAND AND MICHAEL BRONTJE 57-2-23 & 2~ to maintenance dredge 400 yards to 3' below mean Iow water on Mulholland and Brontje parcels (privately owned bottom), remove 200 yards each for 400 yard total; dispose on Mulholland parcel above mean spring high water (existing landscaped lawn area); add and restore a 4' x 30' open pile dock to Mulholland and twin pilings to each on remnant piles near waters edge of Mulholland property. The CAC had tabled the application at its February 1~. 1995 meeting and requested additional information. The CAC has received only part of the requested information and thus has TABLED the application until it receives plans for the dock and indication of the pilings and details of the dredge spoils which should include the contour elevation of the spoils. The Council will not make a recommendation to the Trustees until the requested information has be provided. 725 & 802 Island View Lane. Greenport No. 1230 Moved by Allan Connell, seconded by Jack Hagerty, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH STIPULATIONS of the Wetland Application of SALLY HAEFFNER 70-10-26 to construct a one family dwelling, sanitary system, well bluestone (or similar pervious) driveway, underground utilities. Approximately 175 c.y. of clean fill will be trucked in from an upland source. January 17, 1995 Bruce Loucka Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, NY 11971 Dear Mr. Loucka, RE: JOHN C. MULHOLLAND & MICHAEL BRONTJE SCTM $57-2-23 & 24 Transmitted herewith is the following application for a wetland pez~it: New description To maintenance dredge 400 yards to 3' below mean low water on Mulholland & Brontje parcels (privately owned bottom) remove 200 yards each for 400 yards total, dispose on Mulholland parcel above mean spring high water, (existing landscaped lawn area) add and restore a 4' X 30' open pile dock to Mulholland and twin pilings to each on remnant piles near waters edge of Mulhollan~ property. Located 725 & 802 Island View Lane, 300' east of Bayshore Drive, Greenport. SCTM ~57-2-23 & 24 This is the additional information your Board asked for in their report of 2/14/95. Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh DEREK MORCOMBE & ESTHER MORCOMBE 615 Island View Lane, Greenport, New York 11944 Town of Southold Trustees Southold Town Hall Main Road Southold~ New York, 11971 Re: Town Hall Meeting, Feb. 28th, 8:00 p.m. February 22~ 1995 P%ease find enclosed our comments~to the U.S. Co~ps of Engineers that was requested in their public notice 95-00540-L2 a copy of which we enclose for your reference. We wish you to consider these comments in your review of this and Fo~mally request that you also deny approval for this work, for the reasons given in our comments referred to above. Sincerely~ Encl. DEREK MORCOMBE & ESTHER MORCOMBE 615 island View Lane R.1 Greenport, New York, 11944 February 22,1995 U.S. Army Corps of Engineers New York District Jacob KD Javits Federal Bldg. New York, N.Y. 10278-0090 Attn: Regulatory Branch In Re: Public Notice Number: 95-00540-L2 Mulholland -Bontje. As adjacent property owners, we formally request the U.S. Army Corps of Engineers to reject the application for Permit ~95-00540-L2 in part for the following reasons: 1.) The purpose of "placing" dredged material, as shown on drawing, is to spill water at high tide on to our property. We most strongly object to this. 2.) This placement of 400' cu. yds. of dredged material, that is mud, requires construction of a retaining wall within a wetland setback that will violate a 10'0 Town of Southold side yard setback. The applicant is aware of this sideyard requirement since he has been, or is being, granted a variance to construct a garage that reduces this to 8'-0. 3.) This type of placing can be described as a Dike. The adjacent applicant knew, or should have known,~h~tk ~ this property was in a depression of ground between his neighbors. Extensive alterations were made to the house several years ago including new concrete exterior wall footings. This attempt to prevent high water from reaching the house is belated and futile since water will simply flow behind the dike and at such rate that will flood our cesspools. 4.) Ail benefits from this is principaly at our expense. To avoid encroachment of water this dike would have to be continued across our property- a precedent that might allow all properties to our East to do likewise. In addition, the foul smell resulting from any placement would deny us from the use of our yard in the summer, when it will probably occur, with increased mosquito and poss. ible harmful airborn bacteria. DEREK ~'ORCOMBE & ESTHE- [ORCOMBE Page. 2 In Re: Public Notlce: 95-00540-L2 Mulh'olland-Bontje There are further considerations of an ecological nature that require investigation. it is also noted that no navigation to a depth greater than 2½ feet can occur within the entire area shown on the applicants drawing as "Creek" on the location map since low tide is virtually nil. CC: Southold Town Trustees :'LAND US Army Corps of Engineers New York District Jacob K. Javits Federal Building New York, N.Y. 10278-0090 AT'FN: Regulatory Branch PUBLIC NOTICE In replying refer to: Public Notice Number.; '95-00543-L, 2 Issue Date: January 26, J995 ~iration Date: 3L995 To Whom It ~May Concern_ The New York District, Corps of Engineers has received an applicaUon for a Departmen; 7~ g,.e Army permit pursuant to Section [0 of the Rivers and Harbors Act of 1899 (33 USC 4,}G~ and 5;ection 404 of ~e Clean Water Act (33 USC 1344). APPLICANTS: ACTIViTY: WATERWAY: LOCATION: John H. Mulholland and Michael P. Bontje 15 Fran~in Court North~_ort, NY 11768 Construc~ a pier and dredge wit.~ upland disposal Southold Bay, Shelter Island Sound Arshamomoque, Town of Southold, Suffolk County, New York A detailed description ~,xnd plans of the applicant's activity are enclosed to assist in your review. The decision whether to issue a permit will be based on an evaluation of the probable impact. including curuulative impacts, of the proposed activity on the public interest. That dec/sion wilI reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected m accrue from the proposal must be balanced against ~rs reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, floodclain values. I&nd use, navigation, shoreline erosion and accretion, recreation, water supply and conservati})n, water q~alky, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and,in general the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers m determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in preparation of an Enviromnental Assessment and/or an Environmental impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall publ,~c interest of the proposed activity. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise, it will be presumed that there are no objections to the activity Any person may request, in writing, before this public notice expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, With particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing. Our preliminary determination is that the activity for which authorization is sought herein is not likely to affect any Federally endangered or threatened species or their critical habitat. However, pursuant to Section 7 of the Endangered Species Act (16 U.S.C. 1531), the District Engineer is consulting- with the appropriate Federal agency to determine the presence of and potential impacts to listed species in the project area or their critical habitat. - - Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites; eligible for, or included in, the Register within the permit airea. Pfeiently unknown archeological, scientific, prehistorical, or historical data may be Iost by work"accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of ~e~ g_~_ ~del~nes pron~.ulg~at~.by rh~e~ A~ministrator, U. $.. Envkommemal Protection Agency, under autb~or ky of Section 404 (b) of the Clean Water Act and the applicant will obtain a water quality' certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as amended [16 U.S.C. 1456 (c)], for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with, and will be conducted in a manner that is consistent with, the approved state coastal zone management program. By this public notice, we are requesting the state's concurrence with, objection to, or waiver of the applicant's certification. No permit decision will be made until one of these actions occur. For activities within the coastal zone of New York State, the applicant's certification and accompanying information is available from the Consistency Coordinator, New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, Coastal Zone Management Program, 162 Washington Avenue, Albany, New York 12231, Telephone (518) 474-3642. Comments regarding the applicant's certification, and copies of any letters to this office commenting upon this proposal, should be so addressed. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant has obtained or requested the following governmental authorization for the activity under consideration: - New York State DepaJ:/ment of Environmental Conservation Permit - Town of Southold Permit It is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact this office at (212) 264-3912 and ask for Marc Hetman. FOR THE DISTRICT ENGINEER: Enclosures Seebode - {~ef, Regulatory Branch CENAN- OP - RE PUBLIC NOTICE NO. 95-00540-L2 WORK DESCRIPTION The applicants, John H. Mulholland and Michael P. Bontje, have requested Department of the Army authorization to construct a pier and dredge material from Southold Bay, Shelter Island Sound at Arshamomoque, Town of Southold, Suffolk County, New York with subsequem up.land disposal. The work would involve dredging approximately 200 cubic yards of material each from irregularly shaped areas with maximum dimensions of 60 feet x 22.5 feet on each property, to a depth of ~.5 feet below mean low water. All dredged material would be disposed of in an approximate 40 foot x 90 foot area landward of the mean high water line on the Mulholland property. Also proposed is the construction of a 4 foot by 30 foot fixed pier on remnant piles near the western edge of theMulholland property. ~.e s'uated:purpose of this project is to provide sufficient water depths for navigation and mooring vessels. : Meeting of 2/lU,/95 ..... purpose of the replacement is to prevent any further erosion during storm surges. The Council recommends disapproval because there is no need shown, the area does not show an erosion problem; the current structure is not functioning in an erosion prevention capacity. Applicant shoUld plant spartina to prevent any possible erosion. Oak Avenue, Southold Vote of Council: Ayes: All Motion carried. No. 1225 The CAC has TABLED the-application of JOHN H. MULHOLLAND AND MICHAEL 'P. BONTJE 57-2-23 S 24 to maintenance dredge yards ~i~o 3 feet be ow mean law water on Mulholland and Bontje parcels (bottom privately held by Mulholland and Bontje). Remove 200 yards each for zt00 yard total. Dispose on Mulholland parcel above mean spring high water (existing landscaped lawn area). Add/restore dock to Mulholland and twin pilings to each. The Council tabled the application because the application is incomplete. What is needed is a proper survey which would provide the property owner, lot lines ~and measurements. Survey should also show existing conditions and :elevations, No plans were submitted for the dock'.and', no indications of the pilings and the CAC cannot make a recommendation without the information. Applicant needs to provide details i "of the dredge spoils which should include the contour elevation of the spoils. These items are of major concern to the CAC and the Council cannot make a recommendation without the information requested above. 725 ~, 802 Island View Lane, Greenport No. 1226 Moved by Stephen Angell, seconded by Allan Connell, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH PROVISIONS of the Wetland Application of PETER MICCCHE 78-6-4.1 to reconstruct within 18", lU,7~ timber bulkhead and to backfill structure with approximately 30 c.y. of clean sand which shall be trucked in from an upland source. Northern section of reconstructed bulkhead shall tie into 30~ section reconstructed within 18" under prior approval. The CAC recommends approval provided the applicant provide a vegetative buffer as per the Southold Town Code. Windy Point Road, Southold. Vote of Council: Ayes: All Motion carried. No. 1227 Moved by Allan Connell, seconded by Stephen Angell, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH STIPULATIONS of the Wetland Application of JOHN C. NEVILLE 6tt-3-6-to construct a fixed walkwa~--78L--x~ 3:;---~ ........ : hinged ramp 12' x 3', and floating dock 15' x 5'. Page 2 US Army Corps of Engineers New York District Jacob K, Javits Federa! Building New York, N.Y, 10278-0090 ATTN: RegUlatory 8r~nch To Whm~ It May Concern: PUBLIC NOTLCE O_F_S6UTHOLD In replying refer to: Public Notice Number: 95-00540-L2 Issue Date: Janumri 26, 1995 Expiration, Date: February 27, 1995 ~e New York District, Corps of Engineers has received mn application for a Department of ~ ~e An~v.. ~ermit pursuant to S~ion 10 of~e Rivers ~d H~bors Act o~ 1899 (33 USC 403) and Secaon' *' 404 of ~he Cle~ Water Ac~ (33 USC 1344). ' APPLICANTS: ACTIVITY: WATERWAY: LOCATION: John H. Mulholland tnd Michael P. Bontje !5 Frmmklk~ Court No~hporr, NY t~768 Constpact a pier and d~xlge with upland thsposal Southold Bay, Shelter Islmnd Sound Arsharnomoqne, Town of Soutboid, Suffolk County, New York A detailed description and pians of the applicanffs a~i¼~ are enclosed re assist in your review. The decision whether to issue a permit will be based on an evaluation of the probable impact. including cumnlative impacts, of the proposed activity on the public ~nteres~. That decision will reflect the national concern for both protection mud utilization of important resources. Wne benefits which reasonably may be expected to acqrue from the propos~ must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aes~etics, general envkonmental concerns, wetlands, historical properties, fish and wildlife v~ues, floodplain values, land use, navigation, shoreUne erosion and accretion, recreation, water supply and conservation, water quaiiw~ energy need& safety, food and fiber production, mineral needs, consideration of property ownership andjn gener~ the needs and welfare of the people. The Co~s of Engineers is soliciting conm~onts from the public; Federal, snare, and local agencies and officials; Indian Tribes; and other interested part,es ~n order to consider and evaluate the ~mpacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine w~ether to issue, modify, condition or deny a pennit for this proposal To make th~s decision, connnents are used to assess impacts on e~dangered species, historic properties, water quality, genera~ envkonment~l effects, mhd the other public ~nterest factors listed above. Commems are used m preparation of an Envirommental Assessment an~/or mn Environmental Impact Statement pursuant to the National Environment~ Policy Act. Comments are also used to determine ~e need for a public hearing and to determine the overall public interest of the proposed acfiviW. ALL_C@~ENTS RBG ..ARDING THE PERMIT APPLIQATtON MUST BE PRE_PARE.~D [_Nj WRITING AND MA!LED TO REAC TH S OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, other~vise, it wilt be presumed that them are no objections to the activity. Any person may request, in writing, before this public notice expires, that a public hear,~ng be held to collect ir~formation necessary to consider this application. Requests for public healings sh~i stare, ~"with particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing. Our preliminary determination is that the activity for which authorization is sought herein is. not likely to affect any Federally endangered or threatened species or their critical habitat. However, pursuant to Section 7 of the Endangered Species Act (16 U.S.C. 1531)~ t~he District Engineer is consulting with the appropriate Federal agency to determine the presence of and potential impacts to listed species in the project area or their critical habitat. Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites eligible for, or included in, the Register within the permit area. presently unknown archeological, scientific, prehistorical, or historical data may be lost by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act w~ll include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 (b) of the Clean Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as amended [16 U.S.C. 1456 (c)], for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with, and will be conducted in a manner that is consistent with, the approved state coastal zone management program. By this public notice, we are requesting the state's concurrence with, objection to, or waiver of the applicant's certification. No permit decision wilt be made until one of these actions occur. For activities within the coastal zone of New York State, the applicant's certification and accompanying information is available from the Consistency Coordinator, New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, Coastal Zone Management Program, 162 Washington Avenue, Albany, New York 12231, Telephone (518) 474-3642. Comments regarding the applicant's certification, and copies of any letters to this office commenting upon this proposal, should be so addressed. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant has obtained or requested the following governmental authorization for the activity under consideration: - New York State Department of Environmental Conservation Permit - Town of Southold Permit It is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact this office at (212) 264-3912 and ask for Marc Helman. FOR THE DISTRICT ENGINEER: Enclosures v (,~ef, Regulatory Branch ~o~d Ba% Sl~elter Is'iand Sound at ' ' ~' ''g ~P~°X~ate ~ ' i dU ~ch'ptOp~nY'~ ' ~v0Ne d ~ ' , x 22 5 [~ ~ 0~mate. wout~ : ~ ~f~t aa r work o~ , m a ~ · . ens~ons os~ of · d~m be d;sp ~m ~ould so ~op ~eas ~. dr~ ~ ' lt~qd p~pe~. . . lhdl~ prope~ . me~ lOWw~er' A~I , ' ater' Bn ~' e on ~e Mu~O · . .~mrn Mgeof ~e Mu. dw~dofce'm~:~' ~ ar~pUesne~ .~ [~. ~ ~,. ~:_~ ~n~vessds. ~e s(a[~ pu~ose 0f~is:pr°l~t lsto provide 3 fA¸ ~ 0 TOWN OF SOUTHOLD Albert J. Kmpski, President John Holzapfel, Vice President William G. Albertson Martin H. GarrelI Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1'179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 LEAD AGENCY COORDINATION REQUEST TO: Whom It May Concern DATE: 1-19-95 Enclosed is a permit application and a completed part I of the Environmental Assessment Form. Southold Town Trustees are interested in your ageny's comments in acting as SEQRA Lead Agency for: NAME: Michael Bontje & John Mulholland LOCATION: 725 & 802 Island View Lane, Greenport TAX MAP: 1000-57-2-23 & 24 DESCRPTN: (See attached) PERMIT REQUIRED: ( ) TOWN WETLAND ( SEQRA CLASSIFICATION: ~ Type I () UNLISTED PERMIT 9 Pending OT~ER TY~e zICEA Please contact Albert J. Krupski, Trustee President, within 30 days and be advised that the Southold Town Trustees (WANT)/(DO NOT WANT) to assume lead agency. SENT TO: DOS ~) DEC .~DOH ( ) PB ( ) ZBA ( Please complete, detach and return this form to expedite processing. Involved Agency: Project Name: Location: SCTM: We at AGENCY Trustees assuming Lead Agency. ) BLB ( ) ACE (~) ~z/7/,~-~ CAC (~.~ (Have/No) objection to Southold Town Comments/Reasons: Signature of Authorized Representative New York State Department of Environmental Conservation Thomas C. Jodlng Commissioner RE: LEAD AGENCY COORDINATION REQUEST .... . o ~'~ OF t OLD The purpose of this request is to determine under Article ~ate Environ- mental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your agency's interest in acting as lead agency; Your agency's jurisdiction in the action described below; and 3. Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part 1 of the Environmental Assessment Form to assist you in responding. P~oject Location: ~o~ d;~¢ ~ DEC Permits: SEQR Classification: [ ] Type I [~ Unlisted ;~ CEA DEC Contact Person: ~-d>~ ~,-~-~oK~ ~ DEC Position: DEC has no objection to your agency or another agency assuming lead agency status for this action, but reserves the right to commen~ on this action if a positive determination of significance is made. Fl DEC has no objection to your agency or another agency assuming lead agency status for this action, but we have the following concerns regarding this project {see "comments" below). [.] DEC wishes~to, ass,ume lead agency status for this action. [~d-~ The proposed action has been identified by DEC as occurring wholly or .p~rtjal~ within or substantially contiguous to a critical environmental a:~e~(CE~l,that was designated by ~uJ~\~ C~o~%.~ ~r_n^~-~¥ · It is the position of this Department that your agency, if it has~ juris- diction over the action, should assume the lead agency role based on the existence of the CEA and the fact that the anticipated impacts are primarily of local significance. [ ] Other. (See comments below) Comments (Optional): Response: Please respond to this request within 30 days of the date of this ]etter. If no response is received within 30 days, we w~l] 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. If neither your agency nor any other involved agency, including DEC, has indicated a will- ingness to serve as 1.ead agency within 30 days of this letter: [ ] We will petition the Commissioner of DEC to designate a lead agency for this action. [ ] We will petition the Commissioner of DEC to designate your agency as lead, presuming you have jurisdiction. Please feel free to contact this office for further information or discussion. Sincerely, Enclosures cc: (see distribution list) New York State Department of Environmental Conservation ear RE: LEAD AGENCY COORDINATION REQUEST Thomas C. Joriing Commissioner The purpose of this request is to determine under Article 8 (State Environ- mental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your agency's interest in acting as lead agency; 2. Your agency's jurisdiction in the action described below; and 3. Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part I of the Environmental Assessment Form to assist you in responding. Pr0jectName: ~\Cc¼o, gk ~ Bo~Jg]~ Pr__?_j_ect Locatio___~n: ~F-5/o~J DEC Permits: ~EQR Classification: DEC Contact Person: DEC Position: [ ] Type I [~nlisted ,,,,., C~/q = "y7,~c~___% 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. DEC has no objection to your agency or another agency assuming lead agency status for this action, but we have the following concerns regarding this project (see "comments" below)-I DEC'wishesto assume lead agency status for this action. [~-//The proposed action has been identified by DEC as occurring wholly or all within or substantially contiguous to a critical environmental '~: ~'"'" t was oesignateo By ~ ~-o~ . ~Fe?lt lS{~}-~^"~n~ pu:,~,~, of this DepartmJnt that your ~gency, if ~t h~s a 3urns' ' - diction over the action, should assume the lead agency role based on the existence of the CEA and the fact that the anticipated impacts are primarily of local significance. [ ] Other. (See comments below) Comments (Optional): Responsq: Please respond to this request 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. If neither your agency nor any other involved agency, including DEC, has indicated a will- ingness to serve as lead agency within 30 days of this letter: [ ] We will petition the Commissioner of DEC to designate a lead agency for this action. [ ] We will petition the Commissioner of DEC to designate your agency as lead, presuming you have jurisdiction. Please feel free to contact this office for further information or discussion. Sincerely, Enclosures cc: (see distribution list) · DEPAR!MENF ~F ENVIRONMEN1 inst~uCti0ns 6n b~ck []]FOr the con~d, 55~ TITEE ARTICLE 15; TITLE 27 6NYCRR 666 IWIL []SECTION 10 (RIVER AND HARBOR ACT i DEC APPLICATION~hUMBE~> ] 0~ u~ .~ ! . <, . ~..~ ,~ , ~ ~,~ ~ :.(~ : Permit:Aami~ stratbr CANARY COPY Co'~ps ~}~ngine~s US ARM~ CORPS OF ENGINEERS APPLICatION N* PINK cOPY" ~ogram GOLDENROD' , Applicant s application. Please type or prin[ clear],, n ink. A~ch additional info~&tion as nee~. gORGE RECREATION ZONE) ~6NYCRR 327 (AQUATIC VEGETAT; 3N) ~6NYCRR 328 (FISH) ~6NYcRR "329 [NSECTSt or excavation in or fir of NAVIGABLE WATERS. ~401 WATER QUALITY CERTIFICATION ~6NYGRR 602 (LONG ISbAND WELL RECREATIONAL RIVERS) ~ARTIGL~ 34 6NYCRR 505 (COASTAL EROSIN) in naviRable waters of the U.S ~COASTAL CONSISTENCY CERTIFICATION~ f dredged or fill material in waters of the U.S. ~]SECTION ) SANCTUARIES ACT) for the ~ransportation of dredged materials for dumping into ocean waters. 1. LIST PREVIOUS PERMIT]APPLICATIONNUMBER~;:'"AND:I~ES'" { f any / THAN INDIVIDUAL. FRQV[DE .~- ~ IF OTHER , m~ ~ [ T~PAYER ID NUMBER 2. APPLICANT IS A/AN ~ ~ ~}[~I 3. N~E OF &PPL CANT (Use Fu Name [[[; t}}}[J POST OFFICE ','4 !~ il 4 NAME OF ]~Owner; ~M~[LiNc ADDRES~: POST OFFICE Count~ ~ STREET ~DDRESS (If ~ifferen~ ff~m a ~} 802 and 72~ POST OFFICE (Check one) TELEPHONE( ~1~ 2~?~. ~7~ fWhe~e can be reached during day) ~TATE ZIP CODE ~Mulho!zan~ oni~ ) ~ TELEPHONE (Where can be reached during da~) I f ) rSTATE ZIP CODE side) Village STREAM OR BODY OF WATER ?l i~{} lg! 13. pRoJECT DESCRIPTION stmcture to be ins[~Ii~d h~ight 0~ ~ub~c 8 US STATE Z]P CODE N~ I!9~ r permit, includes dates. 8. WILL PROJECT UT L ZE STATE EAND? [~Yes '~No DATE t 1~ APPROXIMATE COMPLETION DATE: 12. FEE O~: (NYS Permit Only) be excavated, dredged o~ us~d'fo~ fill or dp rap; location o~ disposal sites; ~ype of e~pecitJes ~ pro~sed wate~ sources exten~ o~ distfibulJon system; etc.} zo x Do x ,~ plus side slopes~ .' on ~O~zgO~ ~ ~ ~MITS? ~ Yes ~ No If yes, please {~st: this form and all attachments submitted herewith ~s true to th~ best of mv Kno'~ [edge - o Section 210.4-5 of the Penal Law. direct or indirect, of whatever nature, and by whomever suffered aris ng out of the project. from suits, action~ ! and des 'iption~i~sulting from said r not more than five 4/ekr~. Or bot~, e. fictitious or fraudulent statement them. Be sure to shall be signed conSer~t Ofthf 'urn, isJ~ [Cereal, state or in;item 13 on the mv~r~ side ication. Or rePair Of a DAM Or o~her II N,Y, 11101-5;40;: THIS INDENTURE, made the 7th day of January , nineteen hundred and seventy-seven BETWEF~ BEATR~rcE LILLIAN HORN, as Executrix under the Last Will and Testament of. Frank E. Horn. deceased, residing at 2929 S.E. Ocean Boulevard, Cedar Pointe Building 110, Apt. 9, Stuart, FL 33494 party of the first part, and JOHN H. MULHOLLAND, residing at 705 Leader Building, Cleveland, OH 44114 ........................ p~y of the second pa~, ~ ~ ~~ ~at the pa~y of the drst part, in consideration of TWENTY T~OUSA~ ....................... *$20. 000.0~* ....... - .... dolhrs, lawful money of the United States. pdd by ~e party of the s~ond pa~, does hereby grant and releas~ unto the party of the second ~, the heirs or suc~s~rs and assi~s of the pa~y of the second pa~ forever, ALI. that c~in plot, pi~e or parcel of hnd, ~kE th~ b,ai~d~2gz znd im~rc~-cmc::tz thereon cra~e~ situate, and ~ng~ at a~ - ~rsnamomaque, in the Town of Sou~old, County of Suffolk and State of New York, bounded and described as follows: BEGI~ING at a point on the southerly side of Island View ~ne, said point being where the easterly line of hnd of Hefferman intersects ~e said southerly side of Island View Lane, said point being 31' west, 52.94 feet from the corner formed by the intersection of Bayshore Road with the northerly side of Island View ~ne, and from said po~t of begi~ing ~nning ~ence along the southerly side of Island View Lane. south 85° 40' 30" east, 20.75 feet ~o land of Lu~kowitz; running ~hence of land of Lutkowitz. south 11° 10~ 30" east. I3~.30 feet; running alongt 49' 30" east, 5.0' feet; r~ning thence south 110 10' 30" east, 117.10 feet; ~nning thence south 58° 44' east, 100.82 feet; running thence north 76° 30' east, 20.0 feet to the ordinary high water mark of Peconic Bay; ru~in~ence alon~ th~ high water mark of Peconic Bay ~ ~o~owzng three.courses and distances: l) sou~ 18° 15~ 10" east, 408.22 fee~; .2) south 9°18~ 40" wes¢, 309.07 fee~; ~) south 50~ 01~ 40" west, 4~8.6~ fee~ ~nnin~ thence no~fh 49° 36~ 40" ~es~, 4~0.0 fee~ ~unn~n~ ~hence no~h ~o 36~ ~0" west, ll2. ~4 fee~ ~unn~ ~hen~e no~th ~o 07~ ~0" west, 4~8.06 feet; ~nn~n~ thence north 86 ~he sou~he~l~ sfde of land of McB~ide~ ~unnin¢ ~hence in a ~ene~al no~heaste~l~ di~ec~fon alon~ ~he ordina~ hfch wa~e~ ma~k of ~he inlet wa~e~s of Peconic Ba~ and Ca~lucci,fhe southe~l~A~cfp~e~e,Side of lands of M~Bride, Matassa, Weston, Dudley, Bou~hier, ~sms,° . Casamisfna, Swanson, Heffe~man and Ma~comba, a distance o, 8~0 feel mo~e o~ less to a poin~ in ~he thence alon~ fhe land of Ma~comSa fhe followin~S°u~he~l~twoSidecou~ses°f landan~Ofdis~ances ;Marc°mba; running 1) north 47° 35' east, 130 feet, more or less; 2) north 4° 19' 30" east, 251.25 feet to the southerly side of Island View Lane; running thence along the southerly side of Island View ~ne soum 85° 40' 30" east, 20.0 feet to land of Kifn - ~g the ~nd of Kiefner the follo~n~ three cn.~e~- ou west, 370.0 feet; (2) sn.~h ~o ~. ~., ~--~ ]}50 feet, more or less tl +~~ ~u.o~ east, 75.0 feet; (3) north 4 ]~Bay; runn~ then ~ ' ......... Y g ater mark of the inlet waters of Peconic Iloz me inlet waters ~c ~ ........ ~ }~. ~.u.g me ormnary hCgh water mar~ ~easterlv sid ~ ~.~ ~. .... Y stance of 475 feet, more or less, to the west, 130 feet. more or less; running thence still along -- ' / ~er~ o[ Suffolk Coun~ ;;L.L J,v· ' . ~ ~ · ~m~~ ~ ~r~ ce~!ffce~ or ~tmtler ty~ of epprova~ fr~ a federal agency D.")l~d lO,IV1- ~: "~ ~ .... ~* ~/or directly Iffect ~e Stete'~ Coaltal Ares. This lam Is tn~nded to et~itt en applicant In certifying that the proposed acttvlty Is consistent ~tn-Hew York State's ~p as required by U.$. ~par~ent of C~..,erce regulations (~5 C~ 930.~7). It should be c~pletad at the tt~ ~en th- federal ap.~tcaCton ts prepared. The Depor~nt of State wtll use ~e c~pleted form a~G acc~panytng tnfom,t4on r..'~w of ~e ~ppllcant's certtflcat1~ of I. Nme, Michael p.. BontJe & John H. Mulholland (please print) !5 Franklin 'Court, North~ort, N.Y. 11768 2. Address:; Bo c: 3. Telephone, Area Code (51~ 261-7170 PROPOSE]) ACTIVITY 1. Brief deecrtptto, of e~tvtty, Malntalnence dredMinM of creek, Rebuild doc~ 9n 2. Purpose of acttv~tyt 3. Location of acttvttys Surf folk County Private recreational bo~tlnM Southold Ctty, Town or Vtlloge Is land View Lane Street or Site Description 4, Type of federal permit/license required: Clean Water Act Sections 10 & 44 S. Federal application number, tf kn~n: provide the application or permit number, t If · state permit/license was tssued or is required for the proposed activity, tdenttfy the state agency and ..COASTAL ASSESSMENT Check etther '~es" or "Not' questton refer to the poltctes described tn tY the proposed activity. e ~tll the proposed ecttvlty result tn any o' e. Large phystcel change to astte ~tthtn preparation of an environmental impact f known: New York State Department of Environ-_. mental Cons.e'rvat ion for each of the following questions. The numbers following ~:ach CMP document (see footnote on page 2) ~qich may be affected by the following: the coasts1 area ,htch wtll requtre the statement? (11, 220 25, 32, $7, 36, 41) ~3) ........... X P~ystcal alteration of more than two a,:res of land along the shoreline, land under eater or coastal weters~ (2, 11, 12, 2Q, 28, ~5, 44) ........................................ X c. Revitalization/redevelopment of s dete(torated or underutilized waterfront site? (1) ........ X d. Reduction of-existing or potential pub)lc access to or along coastal waters? (19~ 20) ....... X e. Adverse effect upon the coe~rcisl or ~ecreationsl use of coastal fish resources? (g, 10)... X f. Siting of a facility essential to the ~xploretion, devetol~nent and production of energy resources tn coastal waters or on the Surer Continental Shelf? (29) ......................... X g. Stttng of a fsctltty essential to the ~eneration or transmission of energy? (27) ............ _X__ h. Mtnlng~ excavation, or dredging 'activities, or the placement Of dredged or ftll materials " In cassio1 waters? (15, 35) ........... ~ ..................................................... X t. Discharge of toxtcs~ hazardous substances or other pollutants into coastal waters? (la, 35). X ~. Dralntng of stormwater runoff or seweroverfloea Into coastal waters? (33)..~. .............. -X k. Transport, storage, treatment, or disposal of solid wastes or hazardous materials? ($6, 39). __ X 1. Adverse effect upon land or water usel wlthln the State's small harbors? (4) ............... X #~11 the proposed activity a~fect or be ]..seated tn, on, or ad,scent to any of the following: me. State designated fresh, star or tidal .eMend? (44) ................. ; ........................ X b. Federally designated flood and/or state designated erosion hazard area? (11, 12) 17) ........ ~ c. State designated significant fish end/or wtldllfe habitat?.(7) .............................. ' ~ d. State designated significant scenic resource or eree? (24) .................................. ~ e, State designated Important agricultural lands? (26) .......................... ' ~ f. Beach, dune or barrier Island? (12) ...... ' .............. g. Major ports of Albany, BuCfalc, Ogdensburg, O~wego or Ne~ York? ($) .................. ~ h. State, county, or lacs1 pork? (I~, ~0) ....... · l. Mtateric resource listed on t~e National or State Register of HI,torte Places? (23) ........ ~ -1- 9.- Iflli t~he proposed activity, require any of the following: Y~S HO e. #iterfront s~tel (2, 21, 22) ................................................................ ~ b. Provision of new public services or infrastructure tn undeveloped or sparsely populitad sections of the.coastal area? (S) ................................................. X c. Construction or reconstructto~ of e flo~d or erosion control structure? (13, 14, $~ ........ -- X d. State water quality permit or certification? ($0, 38, 40) ................................... -- X a. State air quality permit or certification? (41, 45) ......................................... ~ WIll the proposed activity .occur within end/or. affect ae area covered by a State approved local waterfront revitalization program? (see policies In local program document*) .... O. ,,ADDITIOI~LSTEP~ X 1. If oll of the questions in Section C.ere answered eNo", then.the applicant or age,t shell c~plete Section E end submit the documentation required by Section F. If any of the questions in Section C ere answered "Yes", then the applicant or agent is advised to consult the CHP or, ~ere appropriate, the local waterfront revitalization program document*. The proposed acttvtty ·us: be analyzed in more detail with respect to the'applicable state 'or local coastal policies. In the space provided below or on s separate page(s), the applicant or egont shell: (a) identify, by their policy numbers, ~hlch coastal policies are effected by the acttvit~' (b) briefly assess the effects of the activity upon the poltoy~ end, (c} state how the activity is consistent with e~¢h policy. Follo~ing the completion of this written assessment, the applicant or agent shall complete Section E and submit the documentation required by Section F, E. L~RTI FIXATION The applicant or agent must certify that the proposed act~vtty ts consistent with the Sta~e'$ C~P or the approved local waterfront revitalization program, as appropriate. If this certification cannot be made, the proposed activity shall not be undertaken. If this certification can be made~ complete this Section. "The proposed aettvlty complies with' New York State's approved Coastal Management Program, or with the applicable approved lo~sl waterfront revitalization program, and will be conducted in a manner consistent with such program." Ap~lleent/Age,t,s Name, Michael P. BontJe Addrwes~ 15 Franklin Court, Northport, NY llyb~ Telephone, Aria COde (51~ 261~71--?0 ,/~?, ~[ .......... ~ Applicant/Agent's Stgnature~. ~,~ / F. S~L~41SSION REQUIREMENTS 1. The applicant or agent $hall aubmtt the following documents to the Ne~ York State Department of State~ Office of Local ~overnment Services, Coastal' Management Program, 1G2 Washington Avenue, Albany~ New York 12231. a. Original signed form. b. Copy of the completed federal agency ¢. Other available tnformatton~htchwould support the certification of ~. The applicant or agent shell also submt~ a copy of this ¢ompletod form along with his/her epaltcetton to the federal agency. 3.' If there ere any questions regarding the submission of thta form, contact the Deportees of State at (518) 474o$G4~. Policy # ~ Tidal Wetlands (shallow marine) will be maintained by th~ &h~lloE. d~edg~9~ de~th ~nd o~en pale n~ture of the - " Mulho'lland .do.e~. Policy #2, 21 & 22 - The proposed recreational/boating use is water, dependent *i~n~se state end lo~el documents are available for inspection at the offices of many federal agencies, Department of Environmental Conservation end Department of State regional offices, end the appropriate regional and county planning agencies. Local program documents are also available for Inspeetlo~ at the offices of the appropriate lo~1 goverr~aent. FC&F R~i&~ 8184 ISLAND VIEW LANE S 85 40 30 E. 75 O0 0 0 AREA = 17, 01/ SO, FT. OR O, 3,9l ACRE SURVEY OF PROPERTY AT A RS H A MOMOQUE TOWN OF SOUTHOLO SUFFOLk; COUNTY; N,Y. Iooo 057 o~ 24 SCALE i",: 20' C E R',TIFIE D TO' JOHN H, t~IUL. HOLLAND CHICAGO TITLE INSURANCE COMPANY COMBUSTION ENGINEERING INCORPORATED FEDERAL CREDIT UNION 'i~/,?~b LIC NO, 4961S PEC( pC, (5~) P. O 80X 9 MAIN ROAD SOUTHOLD ~ N.Y llg?l 87 - 107