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HomeMy WebLinkAbout1000-87.-3-38To OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: January 16, 2015 Re: Request for a Wetland Permit for PAUL HOLOBIGIAN SCTM# 1000-87-3-38 PAUL HOLOBIGIAN requests an Amendment to Wetland Permit #8151 to install a 3'x15' ramp a and 6'x20' float onto seaward end of dock. Located: 3300 Minnehaha Boulevard, Southold. SCTM# 87-3-38 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it my recommendation that the action is INCONSISTENT with the Policy Standards (Policy 6.3) and therefore is INCONSISTENT with LWRP. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction. 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. § 275-11 requires that in determining the permitted length of a proposed residential dock, the Trustees shall seek to maintain lengths consistent with the other docks (i.e., pier line) in the waterway which meet the requirements of this chapter. 9.4 Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. The proposed dock structure (if approved) will result in a perpetual loss in unobstructed public access and use of public underwater lands equal to the dock and vessel dimensions. The LWRP states "Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas... ". Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney -Town of Southold E C E V E LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS ,uatholi`'!own Planning Board 1. All applicants for permits* including Town of Southold ag s, s complete.thiS CC proposed actions that are subject to the Town of Southold Wate onsistency Review Law. This assessment is intended to supplement other information us y a Town of Southold agency in making a determination of consistency. *Except minor ex pt actions including Building Permits and other ministerial permits not located within the Coast Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained ' th Town of Southold Local Waterfront Revitalization Program. A proposed action will be a ted as to its significant 3.. If any question in Section C on this form is answered "yes' ' , then the proposed action will affect the achievement of the LWRP policy standards an ons contained in the consistency review law. Thus each answer must be e ' 1 listin both supporting and non - supporting facts. If an action cannot be certifi as nt with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the followi places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, th g Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION,--' JAN - 2 2015 �/A PROJECT NAME Holobigian Ramp and Float - 3300 mi eBlva The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees El 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ❑ construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: 0 Nature and extent of action: Request for amendment to building permit to install 3' x 15' ramp and 6' x,20' Float. /1�1 11 t I Paul Holobigian 3300 Minnehaha Blvd Southold, NY 11971 (631)765-8580 (516) 567-7444 Cell # RE: 3300 Minnehaha Blvd – Amendment to building permit for dock Dear Trustees, I am writing to request that the town approves / amends my building permit to allow me to add a 3' x 15' ramp and 6' x 20 float in accordance to the plans by Suffolk Environmental dated 12/12/12. I was granted this authorized activity by the DEC after Sandy. I feel frustrated at the time and expense I went through only to find that I can not use my dock for the purpose I intended. There are three reasons for my request. 1) I am in the process of purchasing a larger boat that is approximately 25 ft with an inboard engine. I do not have the depth I need to secure it to my current dock. 2) I find it dangerous to access my boat from the dock that was approved and built. I often try to take my elderly father and children on my boat but can find it is dangerous to access at low tide. 3) I do not want my prop to come in contact with the bottom of the creek at any time, both to protect the marine environment and prevent damage to my boat. A visit to my property for an field inspection should be done at low tide for the Trusees to see the issue I am bringing up. Thank you for your consideration. Sincerely, 40441/-1 Paul Holobigian Location of action: Site acreage: Present land use: 3300 Minnehaha Blvd, Southold, NY 11971 Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: Paul HOlobigian (a) Name of applicant: 116 Kildare Road, Garden City, NY 11530 (b) Mailing address: (c) Telephone number: Area Code ( ), 516-567-7444 (d) Application number, if any: Will the action be directly undertaken, require finding; or approval by a state or federal agency? Yes ❑x No ❑ If yes, which state or federal agency? Was already approved by DEC and ACS i C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy I. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and mizes adverse effects of development. See LNW Section III — Policies; Page 2 for evaluation criteria. E] Yes ❑ No [-]Not Applicable i I Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — Policies Pages 3 through 6 for evaluation criteria 0 Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 3: Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria 0 Yes ❑ No [JNot Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria 9 Yes 11 No n'Not. Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold, See LWRP Section III — Policies Pages .16 through 21 for evaluation criteria 9 Yes ❑ No Ulot Applicable Attach additional sheets if necessary Policy. 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Ex Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. .0 Yes ❑ No ❑ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP_ Section III — Policies; Pages 38 through 46 for evaluation criteria. Q Ye❑ No ❑ Not Applicable Attach additional sheets ifnecessary WORIUNG COAST POLICIES Policy 1.0. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LNVRP Section III— Policies; Pages 47 through 56 for evaluation criteria. 0 Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island ,Sound, the Peconic Estuary and Town waters. See LVVRP Section III — Policies; Pages 57 through 62 for evaluation criteria. 0 Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands- in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. © Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill — Policies; Pages 65 through 68 for evaluation criteria. Q Yes ❑ No ❑ Not Applicable Paul Holobigian Homeowner PREPARED BY TITLE DATE 12/30/14 ww+ry as wFFw /I/ _ 06 —E IQ COUNTYOFSUFFOLK enRe COUNTY OF Service CC) wr.�...w.�.. r�. / r.�w® IMMM 87 BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8151 DATE: APRIL 17, 2013 ISSUED TO: PAUL HOLOBIGIAN PROPERTY ADDRESS: 3300 MINNEHAHA BOULEVARD, SOUTHOLD SCTM# 87-3-38 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on April 17.2013, and in consideration of application fee in the sum of $250.00 paid by Paul & Lisa Holobigian and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to reconstruct the existing timber dock (4.01W x 31.0'L) and extend an additional 38.0'±, to result in a new catwalk measuring 4.01W x 69.0'L, supported by eight (8) timber pilings (4"x4") and ten (10) timber pilings (6"x6"); all materials to be non -treated; all catwalk top -decking to be of an open -grate design; all hardware to be hot -dipped galvanized; and as depicted on the site plan prepared by Suffolk Environmental Consulting, Inc., last dated April 17, 2013, and stamped approved on April 17, 2013. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. 0 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 ` 0 * f SOUIy dol • �� N: -COU M, MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: February 15, 2013 Re: Proposed Wetland Permit for PAUL HOLOBIGIAN SCTM#1000-87-3-38 F1 ., FEB 1 5 2013 ; `"� Suffolk Environmental Consulting, Inc. on behalf of PAUL HOLOBIGIAN requests a Wetland Permit to reconstruct the existing timber dock (4.0'W x 31.0'L) and extend an additional 38.0'1-, to result in a new catwalk measuring 4.0'W x 69.01, supported by eight (8) timber pilings (4"x4") and fourteen (14) timber pilings (6'4"); construct a hinged ramp (3.0'W x 15.01) and a floating dock (6.0'W x 20.01) off the seaward end of the new catwalk; the floating dock is to be secured by four (4) timber pilings (6"x6"); all materials to be non -treated; all catwalk top -decking to be of an open -grate design (i.e., Thru-Flow or similar); all hardware to be hot -dipped galvanized. Located: 3300 Minnehaha Boulevard, Southold. SCTM# 87-3-38 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that above actions are INCONSISTENT with the denoted following LWRP Policy Standards as outlined below and therefore is INCONSISTENT with the LWRP. Policy 5. Protect and improve water quality and supply in the Town of Southold. The expansion of the dock structure may romote power boat traffic and the possible followin negative impacts may occur: 1. Dearadation of water quality via bottom scouring and prop dredging 2. Im acts to submerged aquatic ve etation 3. Re -suspension of bottom sediments and turbiditv Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. 6.1 Protect and restore ecological quality throughout the Town of Southold. 6.2 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. The action is proposed to be located within a New York Department of Slanificant Coastal Fish and Wildlife Habitat area. Further. Vegetated wetlands have been identified occurring around the existing dodo however, the proposed construction practices to reconstruct the dock have not been identified. No design 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed dock does not conform to Chapter 275 regulations more specifically; (c) Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended 10-11-2005 by L. L. No. 17-2005] Submitted plans indicate that the proposed extension would project sea -ward of the existing dock line and therefore would not conform to the below cited section. [c] In determining the permitted length of a proposed residential dock, the Trustees shall seek to maintain lengths consistent with the other docks (i. e., pier line) in the waterway which meet the requirements of this chapter. Further, the applicant has not demonstrated that the following dock standards have been met: § 275-11 Construction and operation standards. (2) Docks. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: I. Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; 2. Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shell fishing, waterskung and other wafer -dependant activities; 3. Whether the dock will cause degradation of surface water quality and natural resources, 4. Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats, 5. Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, sea grasses including ee/grass (Zosters marina) and widgeon grass (Ruppia maritima) or shellfish; and 6. Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether altemate design, construction, and location of the dock will minimize cumulative impacts. Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. 9.4 Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Altematives to long piers or docks include use of dinghies to reach moored boats and mooring In nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended altemadve. The use of the waterway is public, the proposed actLqn is grivate. noncommercial and will not support a Pattern of development that enhances community character nor Preserves "public" access or public recreational activities. Further. the Board aranted the use of public lands by issuance of the Wetland Permit 5109 for a 4'x 32' dock in 2000 4. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water - dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. C. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. Further. the proposed action has been identified for private use and therefore does not meet the above policy. dingy ladder to allow access to a mooring. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney 1. New York State Department of Environmental Conservation Division of Environmental Permits, Region One _ SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0357 Fax: (631) 444-0360 Website: www.dec.nv.aov Joe Martens Commissioner January 25, 2013 Mr. Paul Holobigian 116 Kildare Road Ir, 1�j Garden City, NY 11530 i ...F,' NOV 1 9 2014 Re: Permit No.: 1-4738-02533/00009 - Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. SVA/Is Sin rely, Susan V. Ackerman Permit Administrator Aft NEW YORK STATE DEPARTr" NT OF ENVIRONMENTAL CONSERVA" V �. Facility DEC ID 1-4738-02533 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: PAUL HOLOBIGIAN 116 KILDARE RD GARDEN CITY, NY 11530 (516) 567-7444 Facility Application Contact: SUFFOLK ENVIRONMENTAL CONSULTING INC PO BOX 2003 BRIDGEHAMPTON, NY 11932-2003 (631) 53775160 Facility: HOLOBIGIAN PROPERTY 3300 MINNEHAHA BLVDISCTM #1000-87-3-38 SOUTHOLD, NY 11971 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: SOUTHOLD Facility Principal Reference Point: NYTM-E: 716.2 NYTM-N: 4546.1 Latitude: 41°02'14.8" Longitude: 72°25'40.7" Project Location: 3300 MYNNEHAHA BLVD - WATERCOURSE - COREYCREEK / Authorized,Activity: Repair and extend storm damaged dock, including 4'x 69' catwalk, Tx 15' ramp ✓ and 6'x 20' float in accordance with plans by Suffolk Environmental dated December 12, 2012 (sheets 1 & 2) and stamped NYSDEC approved on January 25, 2013. Permit Authorizations Tidal Wetlands- Under Article 25 - Permit ID 1-4738-02533/00009 New Permit Effective Date: 1/25/2013 Expiration Date: 1/24/2018 Page 1 of 6 AM NEW YORK STATE DEPARTr' NT OF ENVIRONMENTAL CONSERVA" N � Facility DEC ID 1-4738-02533 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: SUSAN ACKERMAN, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BRO K, NY 1790 -3409 Authorized Signature: Date I /'Li�/ ZOI �b Distribution List SUFFOLK ENVIRONMENTAL CONSULTING INC of Habitat - TW - - SUSAN ACKERMAN Permit Components-..-...� NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Suffolk Environmental Consulting dated December 12, 2012 (sheets 1 & 2) . 2. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. Page 2 of 6 Aft Md NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION � Facility DEC ID 1-4738-02533 3. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it -shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 4. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 5. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 6. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms,and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 7. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 8. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 9. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary. 1o. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. Page 3 of 6 AM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION � Facility DEC ID 1-4738-02533 11. Dock, Catwalk Size Dock or catwalk shall not exceed 4 feet in width and shall be a minimum of 4 feet above grade (as measured from ground to bottom of dock/catwalk decking) over tidal wetland areas. 12. Use of Treated Wood The use of wood treated with Pentachlorophenol or other wood treatment not specifically approved by the Department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters. 13. No Floats, Ramps in Vegetated Tidal Wetlands Floats and ramps may not rest on or be stored in any vegetated tidal wetland. 44. Float Installation The float shall be installed only at the approved location with a minimum water depth of 2%2 feet, measured at apparent low tide. 15. No Prop Dredging Prop dredging, or the act of utilizing and/or directing the propeller or propulsion system of a motorized vessel and/or the water -borne forces created by said propeller or propulsion system, to excavate or displace existing bottom sediment and benthic habitat for the direct or indirect purpose of establishing or increasing water depth, is a regulated activity and is not authorized by this permit. Prop dredging is strictly prohibited without finther written authorization (permit, modification or amendment) from the department. 16. No Permanent Structures on Dock No permanent structures shall be installed on dock/catwalk/float without first obtaining written Department approval (permit, modification, or amendment). 17. Docks at Property Lines Docks/catwalks/floats must not: a. extend laterally beyond property lines, b. interfere with navigation, or c. interfere with other landowners riparian rights. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Page 4 of 6 Am NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION `AbAw Facility DEC ID 1-4738-02533 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit, c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 5 of 6 Adh tafto NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION r' Facility DEC ID 14738-02533 NOTIFICATION OF OTHER PERrMTTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terns and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees; agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 6 of 6 { o� �x�st o . n o I/¢at Z HOLOBIGIAN Property — Proposed Dock Reconstruction & Extension Situate: 3300 Minnehaha Boulevard • Laughing Waters • Towu of Southold, New York — SMI #: 1000 — ov — os - oss f Date: ZISC. +t Cal _.F SUFFOLK ENVIRONMENTAL CONSULTING, INC. -- --_-- P.O. Box Zoos • Brid •eham ton • �l— York • I � "mi 6 P if±3 7 !i9: - li l Glf {nRcr} • (N31 (�3: - ^91 ��Af.SI1:IltCi ._...__._. ' Ii ,.1 i.__� Scale: __.. As noted. Drawn by: mdi Comments: t rcpared for rcy>ulatory� suAmisswn. Lam._...__.._ SOUTHEASTERN ELEVATION Scale: 1.0" = 10.0' 69,0' C I PROPOSED CATWALK EXISTING MASONRY WALL (4.0'W x 690) AHW -1.0't L. J.'r ± k J I - 1.7' PROPOSED TIMBER PILINGS (4' X 4" @ 8 total) :OJECT DESCRIPTION: Applicant proposes to reconstruct the existing Timber Dock (4.0' W x 31.0' Q and extend an additional 38.0' ±, to result in a new Catwalk measuring 4.0' W x 69.0' L, supported by eight (8) Timber Pilings (4" x 4") and fourteen (14) Timber Pilings (6" x 6"). Additionally, applicant proposes to add a Hinged Ramp (10' W x 15.0' L) and a Floating Dock (6.0' W x 20.0' L) off the seaward end of the new Catwalk. The Floating Dock is to be secured by four (4) Timber Pilings (6" x 6'). All materials to be non -treated. All Catwalk top -decking to be of an open -grate design (i.e., Thru-Flow or similar). All hardware to be hot -dipped galvanized. All underwater elevations performed by ROBERT H. FOX, L.S. I PROPOSED TIMBER PILINGS (6"X 6" @ 14 total) I "1. 0' PROPOSED FLOATING DOCK (6,0'W x 20,0') _AHW ALIN EXISTING Mr GRADE 2'0'; -all 1,11 -2.'9't PROPOSED HINGED RAMP (3.0'W x 15.(Y) . ............ r..._ ............. _7 M 10.2 � C4 E 'C3 15, xzx M Q, bEDL ....... - - ----- be am E .0 >1 4; ;g tj ANDREW M. CUOMO GOVERNOR Mr. Matt D. Ivans Suffolk Environmental Consulting, Inc. Post Office Box 2003 Bridgehampton, New York 11932 Dear Mr. Ivans: A, r r * H STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 April 4, 2013 CESAR A. PERALES SECRETARY OF STATE RE: F-2012-1045 U.S. Army Corps of Engineers/New York District Permit Application - Paul Holobigian Repair/reconstruct existing dock and extend same Town of Southold, Suffolk County General Concurrence The Department of State received your Federal Consistency Assessment Form and consistency certification and supporting information for this proposal on December 14, 2012. The Department of State has determined that this proposal meets the Department's general consistency concurrence criteria. Therefore, further review of the proposed activity by the Department of State, and the Department's concurrence with an individual consistency certification for the proposed activity, are not required. This General Concurrence is without prejudice to and does not obviate the need to obtain all other applicable licenses, permits, other forms of authorization or approval that may be required pursuant to existing State statutes. When communicating with us regarding this matter, please contact us at (518) 474-6000 and refer to our file #F-2012-1045. Sincerely, Jeffrey Zappieri Supervisor, Consistency Review Unit Division of Coastal Resources JZ/GH/dc cc: COE/New York District — Mike Scarano DEC/Region 1— Roger Evans WWW.00S.NY.GOV E-MAIL: INFOODOS.NY.GOV r cn4. O 1 � I fir ... ........ _....��'.'..: � a HOLOBIGIANProperty Proposed Dock Reconstruction & Extension Situate: 3500 Minnehaha Boulevard • Laughing Waters • Town of Southold, New York — SCTM #: 1000 — 087 — 03 - 038 SOUTHEASTERN ELEVATION Scale: 1.0" = 10.0' ± EXISTING MASONRY 1 I I I I I I 69.0'± I REPAIRECO RECONSTRUCTED PORTION' PROPOSED CATWALK I I I S � CATWALK I i ��F ti.� F�tIii�� Cr�i�/t� � ,�3 (4.0 W x 69.0) i r31.1 Qi 15.0'± i i i i � i i i PROPOSED TIMBER PILINGS (4" X 4" @ 8 total) PROJECT DESCRIPTION: PROPOSED FLOATING DOCK (6.0'W x 20.0') Applicant proposes to reconstruct the existing Timber Dock (4.0' W x 31.0' L) and extend an additional 38.0' ±, to result in a new Catwalk measuring 4.0' W x 69.0' L, supported by eight (8) Timber Pilings (4" x 4") and fourteen (14) Timber Pilings (6" x 6"). Additionally, applicant proposes to add a Hinged Ramp (3.0' W x 15.0' L) and a Floating Dock (6.0' W x 20.0' L) off the seaward end of the new Catwalk. The Floating Dock is to be secured by four (4) Timber Pilings (6" x 6"). All materials to be non -treated. All Catwalk top -decking to be of an open -grate design (i.e., Thru-Flow or similar). All hardware to be hot -dipped galvanized. All underwater elevations performed by ROBERT H. FOX, L.S. rnuruacu i nviDtm riuivw (6" X 6" @ 14 total) PROPOSED HINGED RAMP (3.0'W x 15.0') EXISTING GRADE N� 4r. O Cn � U xv Z" U � 3 L' Z z� U, O a v l 7 U �z �o a0 8 Ov 0 o «moi a co ti AcnAU Oil PROPOSED TIMBER PILINGS (4" X 4" @ 8 total) PROJECT DESCRIPTION: PROPOSED FLOATING DOCK (6.0'W x 20.0') Applicant proposes to reconstruct the existing Timber Dock (4.0' W x 31.0' L) and extend an additional 38.0' ±, to result in a new Catwalk measuring 4.0' W x 69.0' L, supported by eight (8) Timber Pilings (4" x 4") and fourteen (14) Timber Pilings (6" x 6"). Additionally, applicant proposes to add a Hinged Ramp (3.0' W x 15.0' L) and a Floating Dock (6.0' W x 20.0' L) off the seaward end of the new Catwalk. The Floating Dock is to be secured by four (4) Timber Pilings (6" x 6"). All materials to be non -treated. All Catwalk top -decking to be of an open -grate design (i.e., Thru-Flow or similar). All hardware to be hot -dipped galvanized. All underwater elevations performed by ROBERT H. FOX, L.S. rnuruacu i nviDtm riuivw (6" X 6" @ 14 total) PROPOSED HINGED RAMP (3.0'W x 15.0') EXISTING GRADE N� 4r. O Cn � U xv Z" U � 3 L' Z z� U, O a v l 7 U �z �o a0 8 Ov 0 o «moi a co ti AcnAU