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HomeMy WebLinkAboutTR-447 AmendHENRY P. SMITH, JOHN M. BREDEMEYER, III, President TELEPHONE John Bednoski; Jr. (516) 765-1892 ALBERT KRUPSKL JR., Vice-President BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 March 25, 1988 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Re: John Dwyer - Permit 447 Dear Mr. Haje: Pursuant to your request for an amendment to the above referenced project, please be advised than the Trustees have inspected the property on March 17, 1988 and have approved your request ~o amend the permit as per the revised plan, dated February 17, 1988, which was submitted to this office. Should you have any questions or concerns, please do not hesitate to contact this office at the telephone number listed above. Very truly yours, Bredemeyer, III Presidenn Board of Town Trustees JMB:ip cc: Bldg. Dept. file TOWN OF SOUTHOLD BOARD OF SOUTHOLDTO~/N TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT Th s Wetlands Permit No ...... .A.~.7. .......... has been granted by the Town Trustees according to information furnished, in Application No....5.8..5. ....... f led by~App [cant ..~.~.7..C..°-~...s..q'.l~.~.2.s.¢ .Z..~.9., for John Dwy..er on Dece, bet 17. 19....8..7.... A map of the proposed work will be kept on file in the Trustee Office under the application number given. Permit granted to do the follow ng'work .;?_o...[.e..~.~.c..e....(..w_~.t..~..i.n t8") ~ e..z~.'..s.~nf~ ..b.u]kheads on ~w".e"s..~.a..n"d.~.n..~.r..t.~h"".s.i..d"e.~s.~9.f.~p"r.~9~~~ ..8..7.r+.'.n.a.~.d on the north 7~: ...... .~hese include sections on the n/w corner that washed out; A fox · ~.'rr"'_?.v,-~....'z ...... ~....., ........ ,..-.,.....,....,,,,,.~ .............................. .~. ,..~.....~.p.,~,..~.~ .....~.5..0....c.~..... ~.O~ ,...~£... Location of property on which v~rk to be done ..~..O.~..d.....~..~.];]...~.o-.~..d.~....~...~t_ti..t. B2c.~.,....;; ................... Creek, Bay or Harbor fronting property ~attituck Creek ' Size of work: Length 87~ and 75~ Width ............................................................................................................................. Height Above High Water ............................................................................................. Depth Below Low Water ................................................................................................. yards to be Excavated ..................................................................................................... 250 cu. ds. -~ Yards to be Filled ....................... Y. ................................................................................ Manner in wh ich material is to be removed or deposited Tr..u...c,,k_e_d....o..r....b...a,r..g,.e..d._~.,n. ....... ~ .................... Intended use of property Residential Conditions if any ..................................................................................................................................... Expiration Date December 17,, 1989 if work has not commenced b~ said date. Number of Inspections Required ~- Trustees are to be notified upon completion of the work. Inspection Fees ...$.l..0...P.9.i..d. ................................................................................................................... Liability Policies in the Amount of ....227.7.Z27.7. ZZT.7.7.ZZZ2T. ZZ22Z~22~T.~ ................................... The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town acceots no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this aermit shall not commence operations here- under un til such apr royal has been obtainee in writing. The failure to obtain such other approval when reouiree shall subject this permit to immediate revocation by the Trustees upon receipt by the Trustees. of written notice from such other governmental or mumcioal authorities of its refusal or disapproval. The apF[icant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to th{s permit, and shall take all precautions for the prevention of injuries to persons and orooer~/resulting from such operations. By such acceptance, the applicant also agrees to inoemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acm or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter u oon the premises where such operations are being conducted to make such inspections as the Town may deem necessary to insure that such operations are being con- ductec in conformity with this permit. This operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E. Increase the danger of flood and storm-tide damage. ~ F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of an'/waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety and general welfare of the people of the town. President ~. · Board of'$outhold Town Trustees Date ...... .............................. HENRY P. SMITH. Pres(den! TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. (516} 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Southold, New York 11971 December 17, 1987 Mr. Roy L. Haje, President Eh-Con sultants, Inc. 1329 North Sea Road Southampton, New York 11968 Re: Application No. 585 - 1000-106-4-2 Dear Mr. Haje: The following action was taken by the Board of Town Trustees during their regular meeting held on December 17, 1987 regarding the above matter: WHEREAS, Eh-Consultants, Inc. on behalf of John Dwyer applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 25, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on December 17, 1987 at which time all interested persons were given an opportunity to be heard, and WHEi~EAS, the Board members have personally viewed and are familiar with the premises m question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of '- the town. NOW, THEREFORE, B.E IT RESOLVED that En-Consultants, Inc. on behalf of John Dwyer BE AND HEI~EBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: replace (within 18") existing bu}kheads on west and north sides of property. On west side, 87+ lin. ft. and on the north 75+ lin. ft. will be built. These include sections on the n/w corner which have washed out. Approximately 250 cu. yds. of fill will be trucked in for backfill. Project is emergency as erosion has reached foundation and has caused it to crack. Bulkhead on n/s is being held up by cable attached to basement of house. Property is located on Old Mill Road, Matt(tuck. Approval is subject ;o Page 2. submission of an accurate dra~ving of the work prior to the issuance of a permit. This permit will expire on December 17, 1989 if work has nor commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies ~nsuring against any liability which may arise in the performance of the operations pursuant zo such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Please remit a $10.00 fee for Wetland Inspections. Upon remittance your permit will be forwarded by mail. PLEASE RETURN TO THE BUILDING DEPT. -.. FOR A DETERMINATION ON THE NEED OF ANY OTHER TOWN PERMITS THAT MAY BE REQUIRED. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS :ip cc: Commissioner Thomas C. Jorling, D.E.C., Albany -Robert A. ~reene, D.E.C., Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C, Victor Lessard, Admin., Building Dept. Planning Board Board of Appeals Town Clerk's Bulletin Board file HENRY P. SMITH, President TELEPHONE JOHN M. BREDEMEYER Vice-Pres. f516) 765~1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI. JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD town Hall. 53095 Main Road P.O. Box 728 Southold. New York 11971 October 30, 1987 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Re: Application No. 585 - 1000-106-4-2 Dear Mr. Haje: ~- The following action was taken by the Board of Town Trustees during their regular meeting held on October 29, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review. Act in the matter of the application of Eh-Consultants, Inc. on behalf of John Dwyer for a Wetland Permit on certain p, rqpeyty lo. cared ,qn Qld~Mill Road, Mattituck. Please have the property staKec~ xor ~nspect~on oe~ore Nov. 18, 1987. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Commissioner Thomas G. Jorling, D.E.C., Albany Robert A. Greene, D.E.C., Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin., Building Dept. Planning Board Board of Appeals Town Clerk's Bulletin Board file HENRY P. SMITH, President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. (5161 765-I$92 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Fown Hall. 53095 Main Road P.O. Box 728 Southold, New York 1 t971 October 1, 1987 Mr. John Holzapfel, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Holzapfeh Transmitted herewith is apphcation no. 585 for a Wetland Permit submitted by En-Consultants, Inc. on behalf of John Dwyer. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Henry P. 'Smith, President Board of Town Trustees HPS:ip Attachment _ HENRY P. SMITH, President tELEPHONE JOHN M. BREDEMEYER. Vice-Pres. (516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M, LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Southotd, New York 11971 S.E.p.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: November 24, 1987 APPLICATION NO.: 585- 1000-106-4-2 NAME: EN-CONSULTANTS, INC. ON BEHALF OF JOHN DWYER This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Fart 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the projecn will non have a significant effect on the environment. Please take further ngtice that this declaration should non be considered a d~termination made for any other department or agency which may also have an application pending for the same or similar project. - TYPE OF ACTION: Un~sted DESCRIPTION OF ACTION: To replace (within 18") existing bulkheads on west and north sides of property. West side, 8?± lin. ft. and on north ?52 Hn. ft. These include sections on nw corner which have washed out. 250 cu. yds. of fill wi~ be LOCATION: trucked in for backfill. Old Mill Road, Mattituck REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessmenn form has been submitted which indicated that there would be no adverse effect to the environment should the projecn be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed than there are no objections nor commenns from those agencies. 3. The $outhold Town Conservation Advisory Council has recommended approval of the project, Board of Trustees Page 2. For further information regarding this application please contact: Henry P. Smith, President Board of Town Trustees SouthoId Town Hall Main Road Southold, New York 11971 Call: (516) 765-1892 cc: Commissioner Thomas C. Jorling, D.E.C., Albany Robert A. Greene, D.E.C., Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin., Building DepT. Planning Board Board of Appeals Town Clerk's Bulletin Board file Eh-Consultants, Inc. on behalf of John Dwyer HENRY P. SMITH. President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. (5161 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, IR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Date: October 1, 1987 To Whom It May Concern: Attached hereto is a Short Environmental Assessment Form submitted by En-Gonsultants, Inc. on behalf of John Dwyer in connection with his application of a Wetland Permit to replace (within 18") existing bulk- heads on the west and north sides of property. On west side, 87+ /in. ft. and on north 75+ lln. ft. will be built. These include sections on the north west corner which have washed out. Approximately 250 cu. yds. of fill will be trucked in for backfill. Project is an emergency as erosion has reached foundation and has caused it to crack. Bulkhead on north side is being held up by cable attached to basement of house. Property is located on Old Mill Road, Mat~'ituck. Henry P~/Smith, President Board of Town Trustees Posted: October 1, 1987 B~ARD~OF TOWN TRUSTEES TOWN OF. SOUTHOLD :SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information (To be completed by Applicant or Project sponsor) 1, Appl[cantjsponsor 2. Projec~ Name John Dwyer by-En-Consultants, Inc. 3. Project ocatiom M..~d~a[it¥ Old Mill Road, Mattituck cou.~ Suffolk [] New [] Exoanslon [] tVlodificationfaJteration SEE ATTACHED NOTE: PROJECT IS EMERGENCY kS FOUNDATION OF HOUSE IS EXPOSED AND CRACKING. Old Mill Road, Mattituck Initially . 0 2 8 acres U[tlmatelv · 0 2 8 acres Yes L~ No If No describe briefly ~ Resident,al [] InSustrial [] Commercial [] ^gricukure [] 'arkland/oDen soace [] Other DEC, DOS, COE ^prlhcant/,c ......... John D~er/by~-~/nsultants, Inc. Date: 9/16/87 Roy n. Ha]e,~e~ssi~e~t~' ,PART 11 Environmental Assessment (To he comp~'e~tte(~ b-~'~Agency) PART III Determination of Significance (To be completed by Agency) iNSTRUCTIONS: For each adverse effect identified aoove, determine whether it is substantial, large, important or otherwis significant. EAch effect should he assessed in connect[an with its (al settk:g {Le. urban or rurA[l; (bl ptobAbiilt¥ o[ occumn~ (c) duratfon; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add Attachments or reference su aportin materials. Ensure that explanation5 contein sufficient detail to show-that all relevant 3dverse impacts have been identifie and aoequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. The proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. [] Check this box if you have determined based on the information and analysis above and any supporting documentatior that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and o attachments as necessary, the reasons suppormg this determination: LEAD AGENCY DECLARATION: Eh-Consultants, Inc. on behalf' Of John Dwyer ******INSPECTION: OCTOBER 21, 1987 RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of E~-Consultants, Inc. on behalf of John Dwyer for a Wetland Permit on certain property located on Old Mill Road, Mattituck. **** PLEASE NOTE THAT THERE IS A REQUEST FOR AN EMERGENCY APPROVAL THAT THE FOUNDATION OF THE HOUSE IS EXPOSED AND CRACKING. TELEPHONE ~516~ 76~t892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 COASTAL AND INTERIO~ WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN OF SOUTHDLD, AND THE ISSUANCE OF PERMITS PURSUANT APPLICATION NO* ~-~- DATE OF APPLICATioN S~ptelTLbe~ 25, 1987 201-485-3626 ADDRESS OF A~PLICANT 439 South Un~on ~venue Crawford, New Jersey 01670 TAX MAP NO. 1000--106~4--.2 AGENT En-Consultants, Inc., 1329 North. Sea Road~_ Southampton PHONE NC 516--283--6360 $33__A33_AC~D NOTE: PROJECT tS E~RGENCY AS FOUNDATION OF HOUSE IS ~POSED ~D C~CKING. LOCATION OF PROPERTY FOR WHICH ~RMIT WANTED Old Mill Road, Maftifuck 439. South Union Avenue, C~awford, New Jersey. 01670 DEPTH BELOW LOW ~ATER N~A AREA ZONING Residential MANNER IN WHICH MATER]AL WILL BE REMOVED OR' DEPOSITED Trucked or barged in INTENDED USE OF PROPERTY Residential DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE None Known N/A WRITTEN CONSENT OF THE OWNER OF THE PRCPERTY, IF NOT THE SAME AS THE APPLI,CANT. See Attached ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? None Known PROJECT DESCRIPTION Replace (within 18") existing bulkheads on we~t and north sides of property. On west side, 87+ 1.f. and on north 75+ 1.f. will be built. These ini clude sections on nw corner which have washed out. Approximately 250 c.y. of fill will be trucked in for backfill. PROJECT IS EMERGENCY AS EROSION HAS REACHED FOUNDA- TtONAND HAS CAUSED IT TO CRACK. BULKHEAD ON N/S IS BEING HELD UP BY CABLE ATTACHED TO BASEMENT OF HOUSE. Town Hall. '33095 Main Road P.O. Box 1179 TELEPHONE Southold, New York 11971 ~$16) 765-I801 SOUTttOLD TOWN CONSERVATION ADVISORY COUNCIL November 24, 1987 To: Southold Town Trustees From: Southold Town Conservation Advisory Council The CAC made the following recommendations at their regular meeting held Thursday, November 19, 1987: No. 576 - Richard Mohring, Jr. - Recommend approval. No. 577 - Anthony W. and Carolyn R. Leggio - Tabled application. No. 578 - Anthony Robustelli - John Holzapfel will advise the Trustees at their meeting, Tuesday, November 24, 1987. No. 579 - Michael J. Schulam -Recommend approval. No. 580 and 581 - Stephen Perricone- Recommend approval with the stipulation that the cesspools are placed no closer to the wetlands than indicated on the submitted plans. The CAC would prefer that the applicant try to place the cesspools as far from the wetlands as possible. No. 582 - Marjorie TOdd - Recommend approval with the stipulation that the bulkhead in installed in kind, in place or behind the existing structure. Under no circumstances should the bulkhead be placed within 18" in front of existinc, t bulkhead. No. 583 - Joseph Berardino - Recommend approval. No. 584 - Wunneweta Pond Association - Recommend approval. ~as poss,ble. '~~~ - ~_ 7;~ No. 586 - Manfred E. Kuerner - Recommend approval with the stipulation that all runoff (rain,water, etc.) be collected and contained on site. No. 587 - Dr. Veljko J. Krstulovic - Recommend approval. No. 588 - Ellen Guiton - Recommend disapproval. No need is shown and the are no adjacent bulkheads. This would set a precedent in the area. ENVIRONMENTAL SERVICES EN-CONSULTANTS, lNG. 1329 N©RTH SEA ROAD, SOUTHAMPTON NEW YORK 11968 516-283-6360 February 18, 1988 Mr. Joseph Hall New York State Department of Environmental Conservation Building 40, SUNY, Room 219 Stony Brook, New York 11794 Re: John Dwyer ~10-87-1665 Dear Mr. Hall: Following our on-site meeting of February 16, 1988, we have revised the project such that rip- rap will be placed along the west shoreline and around the corner to the approximate east side of the deck which is to be removed. From this point it will join a bulkhead which will be re- placed within 18" The easterly 83±' section of bulkhead will be removed and replaced. I have attached revised work plans indicating these modifications. trust that a permit can be issued shortly. By copy of this letter and work plan, I am re- questing other involved regulatory agencies to amend their applications accordingly. Yours truly, Roy L. Haje President RLH:khs Enc. cc: ~outhold Trustees Permit #447 COE ~87-1176-L2 James H. Rambo, Inc. DOS ~F-87-635 John Dwyer ENVIRONMENTAL SERVICES EN-CONSULTANTS, lNG. 1329 NORTH SEA ROAD, SOUTHAMPTON NEW YORK 11968 516-283-6360 February 10, 1988 Mr. Joseph Hall New York State Department of Environmental Conservation Building 40, SUNY, Room 219 Stony Brook, New York 11794 Re: John Dwyer ~10-87-1665 Dear Mr. Hall: I plan to be presen~ on site February 16, 1988 at 1:00 P.M. to meet your field personnel. At- tached please find a work plan of the project as we now propose it. Specifically, upon exami- nation of the westerly property line, it was noted that a large amount of concrete and rock debris is already present. As much of this has sunk to a considerable depth below the bottom, it would be necessary to excavate it out entirely in order to install timber pilings and sheathing of suf- ficient depth to insure the preservation of the house which lies in close proximity. Rather than attempt this, the contractor suggests that a rip- rap blend of 10 to 750 pound size be placed on the existing rip-rap (where present) and in the same line at the northwesterly corner. In addition, a 10±' section of rip-rap on the northerly section will be rip-rap where it will tie into the reconstructed bulkhead on that side only. Placement of rip-rap in the relatively deep water at the northeast corner will require building up of the stone before it will extend above water. We expect an angle of repose to be approximately 1 on 2, but this is difficult to establish with any certain~y. No filter cloth can be put down first in this type of installa- tion. In order no gain access to the northeast corner, it will be necessary to fill out to it along the westerly side of the house. Our approximate es- timate of the amount of rip-rap is 100 cubic yards. In addition, approximately 25 cubic yards of loam will be placed landward of the rip-rap and northerly bulkhead once construction is complete. I trusn this information is useful no you in pre- paration for our meeting, We are contacting other involved regulatory agencies ~o determine their availability on the meeting date. Yours truly, Roy L. Haje President RLH:khs Etc. cc: COE ~87-1176-L2 DOS P-81-635 ~/~outhold Trustees Permit ~447 Dwyer New York State Department of Environments[ Conservation Building 40--SUNY, Stony Brook, New York 11794 ~ (516) 751-7900 ~ Thomas C. Joriing Commissioner February 2, 1988 Mr. Roy L. Haje, President Eh-Consultants 1329 North Sea Rd. Southampton, NY 11968 Re: John Dwyer, 10-87-1665 Dear Mr. Haje: I have discussed your January 28, 1988 letter with program staff. The meeting you request is quite all right with us. I assume you suggest meeting at the site. The earliest date we can provide is February 16, 1988 ar ]:00 p.m. The next available date is mid March, so I urge you to sieze this opportunity. In the interim, could you please provide plans of the modified project as you conceive it to this point. We would like plan and cross-section vzews of the r~p-rap/bulkhead construction and the proposed area to be filled for equipment access. Please include estimates of amounts and of type of fill and rip-rap materials to be used. In addition, if you could outlzne specifically what practical difficulties you anticipate due to deep water (in narrative form). These materials, provided as soon aa possible before our meeting, will enable us to be better prepared to discuss and hopefully resolve this zssue. Very truly yours, Environmental Analyst JBH:jf Cc: J. Dwyer A. Kellar C. Hamilton file PUBLIC HEARING IN.THE MATTER OF JOHN DWYER DECEMBER 17, 1987 NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, DECEMBER 17, 1987 ON THE FOLLOWING APPLICATION FOR A PERMIT UN DER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN: In the matter of the application of John Dwyer to replace (within 18") existing bulkheads on west and north sides of the property. On the west side, 87+' and on the north 75+' these include sections on the north west corner which have washed out, 250 cu. yds, of fill will be trucked in fro backfill. Property is located on Old Mill Road, Mattituck. Trustee Smith: Does anyone have any comments to make on this application? Roy Haje, En-Consultants, Inc. for the applicant: If you have visited the property at this point I think you can appreciate the need of the work to be done. The foundation of the house is cracking and going to become rip-rap. Trustee Smith: The comments from the Conservation Advisory Council is that they recommend that the work be done as soon as possible. Trustee Goubeaud: We taped it off. and on the west wall, where it is parallel with the inlet it seems to be about 8 ft. longer than the intent of the application. It Trustee Bredemeyer: It is 8 ft. longer than the intent of the application is. To have the wall on the north side intersect the west wall. We are talking about a straight line starting at the old bridge abutment and went north. Jeff hung out with the tape there. Roy Haje: I estimated it as closely as I could. I could not get out there. Trustee Bredemeyer: With two people out there, we iust managed to get it. Roy Haje: It will be easy to verify. TrusTee Goubeaud: Keep everything in line with the northerly bulkhead and the westerly bulkhead. The most northern spile of the deck that is there.' Trustee Bredemeyer: I think we are going to need a new drawing for the file and new measurements so that we don't end up with a situation where the D.E.C. is doing additional field inspections. We don't want discrepancies here that the owner of the property will have to explain to the enforcement officers. Trustee Smith: Are there any other questions? No comments. Then I will close this public hearing. Ilene Pfifferling, C1 erk ENVIRONMENTAL SERVICES EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD SOUTHAMPTON, NEW YORK 11968 516-283-6360 January 28, 1988 Mr. Joseph Hall New York State Department of Environmental Conservation Building 40, SUNY, Room 219 Stony Brook, New York 11794 Re: John Dwyer ~10-87-1665 Dear Mr. Hall: A recent inspection of the subject premises by the contractor indicates continued deteriora- tion which calls for changes in the way the project will be undertaken. On the westerly side, it is now our proposal to place stone rip-rap in front of and over the remainina timber bulkhead and up to and including the north west corner, ~he area of most severe erosion. The east west bulkhead which forms the northerly property line, will be reconstructed as far west as possible where it will meet the afore-mentioned rock rip=rap. Due to the narrow distance between the existing house and bulkhead, it will be necessary to build out the shoreline from south to north in order to give equipment access to the north west corner. In addition, relatively deep water in close proximity to the area which must re- ceive the rip-rap, will also create significant pract%cle difficulties in implementing the pro- jec~. Modifications may be needed on the spot as problems arise. As I fear the potential for complaints and violations due to necessary modifications zn the on-gozng project, t would like to request a joint meeting between all i?___volvedr_~gulatory agencies, the cont'-actOr, and myself as repres~ntat_ive of the property ~0~-h~-r. I further request that this be done as quickly as possible, as we are truthful in stating that the potential for serious damage or even loss of the house exists in the near future if the problem is not corrected immediately. Copies of this letter are being sent to other regulatory agencies, in the hope that a mutually convenient meeting tmme can be arranged. Yours truly, Roy L. Haje President RLH:k~s cc:X/Sonthotd Trustees a447 Corps of Engineers ~87-1176-L2 Department of State #F-87-635 James H. Rambo, Inc. John Dwyer TOWN OF SOUTEOLD 53095 M[ain Road Phone 765-1892 ~,O ' 22212' Southold, N. Y. 11971 BOARD OF ~- TRUSTEES BOARD OF TO~ TRUSTEES TOW~ OF $O~TIIOL~ SS095 M~i. Ro~a Phone ,6o-~S. N? 32297 ~athold, N, Y, 11971 BOARD OF TO~ TRUSTEES ,?7~qOTIC~ ~ HEARING' ' ~ · '~ ON THE WETLAND '~/ ": APPLICATIONS COUNTY OF SUFFOLK ss: NOTICE IS HEREBY'GtV- STATE OF NEW YORK EN THAT PUBLIC HEAR- INGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD. Patricia Wood, being duly sworn, says that she is the · AT THE SOUTHOLDTOWN Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, HALL, MAIN ROAD, SOUTHOLD, NEW YORK, a public newspaper orinted at Southo:d, in Suffolk County; ON THURSDAY, DECEMBER and that the notice of which the annexed is a printed copy, 17; 1987, ON THE FOLLOW- ING APPLICATIONS FOR has been published in said Long Island Traveler-Watchman PERM1TSUNDERTHE PRO- once eacn week for ..................... /. ..... weeks VISIONS OF THE WETLAND ORDINANCE OF THE TOWN.. successively, commencing on the .......... .~. ~ ........ 7'.30 P.M.- In the matter of the application Stephen Perricone o~.~<~C~.. ~ g'. to clcar the property and to con- .., 19. _decks. and necessary saffita~ . ~ system on property located on ' Lupron Point Road, Mattituck. 0000-115-11-22). 7:32 P.M.- In the matter of the application of, Stephen Per- dcone to clear the property and Sworn to befo re me th is ......... .7. .......... d ay of to construct a one family dwell-' lng, decks and sanitary system. ,.4~J~:~,~--~-~ ] 9 . on property located o~ Lupron ............................ Point Road, Mattituck. (1000-115-11-21). - 7:34 P.M.- In the matter of the ap piication of Patti cia C. Moore, Esq. on behalf of Man~ fred. E. KuerneC to construct a ......................................... garage and extension to an ex- Notary Public isting residence on property located-on Carole Road, BARBARA FORBES Southold. ~No~az,j~Pubiie. State of New York 7:36 P.M.- In the matter of the No. 480684~ application of En-Consultams, Qualified in 8uf£olk County Inc. on behalf of John D'&yer to Commission Expires replace (within 18") existifig bulkheads on west and north sides of property on the west side, 87±' and on the north 75_+' these include sections on the north west corner which have washed out,'2$0 cu. yds. of fill will be trucked' in for ABOVE SPECIFIED AND backfill. Property is located on WILL BE ~,IVEN AN OP- Old Mill Road, Mattituck. PORTUNITY.TO BE HEARD. 7:38 P.M.- In the matter of the COMMENTS MAY BE SUB- application of En-Consultants, MITTED IN WRITING Inc. onhehalfoftheWunneweta PRIOR TO, THE DATE OF Pond Association to replace THE HEARING. (within 18") 85' of existing Henry P. Smith, timber jetty on the east side of President the channel to Wunneweta Board of Town Trustees Pond. Proposed bulkhead will Dated: November 30, 1987 be lower in elevation than the IT-12/'3/8701) old and will equal height of outer section which will remain. Property is located on Bridge Lane, Cutchogue. ALL PERSONS IN- TERESTED IN .SAID MAT- TERS SHOULD APPEAR AT THE TIME AND PLACE STATE OFNEW YORK )~- ) SS: COUNTY OF SUFFOLK ) Ch~i ~ _ of Riverhead, in said County, being duly sworn, says that he/she is Principal Clark of THE NEWS-REViEW, a Weekly Newspaper, published at Riverhead, in the Town of Riverhaad. County of Suffolk, State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for_ 1 weeks successively, commencing on the _ day of_ December 19 87 Principal Clerk Sworn to before methis ~_~ ~A~Y K. DEGNAN NOTARY PUBLIC, State of New York Suffoik County No. 4849860 Term Expires Februa~,19~>~ O DEPARTMENT OF THE ARMY NEW YORK DISTRICT. CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK. N.Y. 10278-0090 -~ October 7, 1987 Operations Division Regulatory Branch SUBJECT: Application NO. 87-1176-L2 by John Dw~er John Dw~er c/o Eh-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Dear Mr. Dwyer: Reference is made to Application No. 87-1176-L2 to replace in-kind and within 18 inches, 87 linear feet of timDer bulk_heading on the west side and 75 linear feet of bulkheading on the north side of applicants property with 250 cubic yards of attendant backfill in Mattituck Creek at Mattituck, Town of Sonthold, Suffolk County, New York. Our review indicates an individual project-specific permit is not required. Based upon the material and information you have submitted, it appears the activities within our jurisdiction could be accomplished under an existing Department of the Army nationwide general permit. The nationwide general permit is prescribed at Title 33 of the Code of Federal Regulations. A COpy of this part of the Federal Regulations - Part 330.5(a) (3) is enclosed with the appropriate section marked for your convenience. The work may be performed without further contact with our office, provided the enclosed permit conditions are aclhered to. Your attention is specifically directed to the conditions of the nationwide general permit and the recommended construction management practices. These items are highlighted on the enclosed copy of the Federal Regulations. The management practices are to be followed to the maximum extent practicable. Care should be taken so that construction materials, including debris, do not enter any water{ay to become a drift or pollution hazard. You are to contact appropriate State and local government officials to ensure that the subject work is performed in compliance with their requirements. In order for this nationwide permit to be in effect for your proposal, it is required that you obtain a Water Quality Certification from the New York State Department of Environmental Conservation if your proposal contains any fill activities, as well as any other required permits. Failure to do so may subject you to enforcement action under State and/or Federal Law. Si~ely, t/ ~ . ~ -.-:- ~ .vi/) Deser~ption of improvements to Depar~nent, whether auch act/ohs occur mod/f[u~t[uns, if any, to the nationw/de neVlga//on not listed/n paragraph {c){5) w/th[u or ~utside the navigable areas, perm/ts can be obtained from the of LMs.~e~dom {c~ Spec/ftc inquJr/es regarding the appropriate distr/ct enguneer. [4) Nature and location of ~/gn/ficont ./or/adict/o~ of the Corps of Engineers Nafionw/de penn/ts are desiF, ned to obstruc'dons to navi~at/on/n portions of the waterbody used or potentially can be ~nswered only after a ~]low certn/n surly/ties to occur with deternfination wbeth~r {1) the waters l/tt]e, ff any. delay or paperwork. capable ofVs~ [U interstate commerce: are navigable waters of the un/tad Net/onwide perm/ts are valid only if the {5} Author/zed prOieuts: States or {2) ff not navigable, whether conditions applicable to ~the nat[uaw de {/~ Nature, condit/~n and locat/on of the prepaid type of activity may anY. impreYemen/s made under ~retects pemfita are reel Fa/lure to comply with authorized by Cobb'ess- . nevertheless so affect the navigable a condition does not necessarily mean [il] Description of prejec~ authorized watem of the Un/ted States that the the acl/v/ty cannot be author/zed but but not constructed: ' deemedaSserti°nnecessary.°f regulatory jut/ed[urine israther that the activity con only be (/il) L/st of Ironwn survey documents author/zed t ~x~aStor presen/(/ntemtate to the {i) C, eneral/~'pes, extent, ned Period [U final time: , ere to be ,o The and iff) Documentn/ion ~caesm~. [7)~Poten//a] use for/~temtate ' ~ot~t commerce, ff'apFI/cable: {1) ~m naura] conaitinn anted that the l/sts (i/] If impreved: ~j Natu~'e ofjur/sd/c~/on known to . for ha~'e been exer~/sed by Federal agende~ ff any: (9)~tate or Federal court dec/slues the ~'is relat/ng to navigability of the p~ each nat onw/de w~e~dy, ff an~.' not (10) Remarks: §330;2 Deftnlt~oca. ~'~) Fmd[ug 0f navigability (w/th date) ~. an of 3~ CFR Farts ana~reComme/tdat/on for determination: .~ terms used engineer, e whic~ a quest[ua PAI~T ~SO.~4/A~IDE ~£1~MIT~ is less than five has se~, this po[ut from ~ will be $30.1 Cenenfl, he mean annual he division 330.2 Perle/finns. e basin ~30.8 Activities occur/ag before certa/n Inquiries date~. may by an interim reply ~30.4 Publ/cnot/ce. year. ~30,& Nat[uaw/de perm/t~, establ/sh the ff a need develops for s30.7 N0t/ficat/on procedures. , district ~30.8 Discretionar7 Author/ry. 4 of 330.10 CoastalZoneMana~ement s should consistenc~ de,tin,nation, the Auflm~t~: 3~ U.S.~. 401 et seq.: 33 U.S.C. 1344; 33 U.S.C. 1;~13. . t0.r~qaire § 330.t ~ by The purpose of LMs re~tlat~on is to § 33~ A~.l~d~ ~ befm.e car tal~ be answere8 descr/he~th~ Deper~ent of the Army · ,~tel; [DA) nafionw/de perm/t program and to t~st all cu--rrent na~onw/de permits wh/ch permits issued by have be~.~/~/ssued by publication herein, on un/ess modified do A nationw/de permit is a form of genera] pormit tin~: the I e of permit Wh~c~ may authorize ac~/vibes t throu~hofit ~henat~,o,n. [~nother ~ of ~ waters of the United S~stes y) (L~e, etc.] is a general permitis a rag anal Permit s of ed States end is ia~m~;1,bY division or distr/ct the ~efore frae eng[ueerS anna ~g/onal basis in the accordance ~,~/th 33 CFR Part 325). ~ the jurisdiction of this Copies a/~reg[u~nal uondit/0ns and section 404 of the United Federal Register / Vol. 51, No. 219 ! Thursday, November 13, 19~6 /~Rules and Regulations 41255 States. {These phase-in dates are: After separation scheme (where svch limits July 23. 1975,.discharges .nra navigable have not been designated or where waters of the United States and cha~ges are anticipated, district adjacent wetlan& engineers will consider recommending 1976. constructed the disc~etionary ~30.8 of this Park and tnt than 5 acres in surfac~ 1977. further e of 1 has not ~ district materials and markers §330.4 Public notice. (a) Ch£efofEngi, eers. Upon proposed issuance-of ~ew ~aQonwide pe~its, musi m~fication t~. cr reissuance ~i~in8 nation,de ~ts~, the~Chief of ~gfne~rs Will p~i~h a ~ofce in ~e with the any and and intake ncurrent Bom 322. See thin'section). c by an 40 CFR n activities y ~ the ismecessary for . The and {d). to less than bank wher~ notifica 330.7. excess cf and the~ n ,r erosion markers tallation (viNe;material is placed in any ac wetland ~ea: U.S. IV/) ~q m~,. terial ~s placed in any locatio~r lnamt marker so as tv [2) i~ artificial impatr~---': - -water flow into or out of ased for any w~.rt.,~ar~a; of nt of [vit~'t~ ~lean material free of wasle the Service. meta!] lq~pts, crgamc, materials. United .. not placed tmSig~f~-d~btis, etc. is used: and {vi[i] The i~ctMty is a single and [Section 101 shippin~ or traffic complete proiect. (Sections 10 and 404 41256 Federal Register [ ~,ol. ~1, No. 219 / Tharsday, November 13, ~986 /Ruies and Regulations (14) Minor readcrossing fills including includes the £dl is licensed by the (23) Activities. work. and discharges all attendant features, both temporary Federal Energy Regulatory Commission undertaken, assisted, authorized. and permanent that are part of a single {FERC] under the Federal Power Act of regulated, banded, or financed, in whole and complete project for crossing of s 1920. as amended: has a total generating or in part. by another federal age-ney or non-tidal watarbody, provided that the capacity of not more than 1500 kw (2.000 department where that agency or cro~sing is culverted, bridged or horsepower}; qualifies for the ahor~-form department has determined, pursuant to otherwise designed to prevent the licensing procedures of the I-'I~RC (see 18 the GEQ Regulation for Implementing restriction of, and to withstand. CFR 4.61); and the district or division the Procedural Provisions of the expected high flows end provided engineer makes a determination that the National Environmental Policy Act {40 further that discharges into any .individual and cumulative adverse CFR Part 1500 et seq0, that the activity, wetlands adjacent to the waterbody do effects on the environment are minimal work. or discharge is cetegorical}y not extend beyond 100 feet on either in accordance with § 330.7 [c][2} anti l~d}. excluded from environmental aide of the ordinary high water mark of [Section 404) documentation because it is included that weterbody. A "minor road crossing {18} Discharges of dredged or/'ill within a category of actions whine flit" is defined as a crossing that material into ell waters of the United neither individually nor cumutalJvely involves the discharge of tess than ,200 States other than wetlands that do apl have a aignificent effect on the hum an cubic yards of fill material below the exceed ten cubic yards as pail of a enwronmenr and the Office of the Chief plane of ordinary high water, The single and complete project provided the of Engineers {A'I~rN: DAEN-CWO-N} crossing may require a permit from the material is not plene~ for.the pm'po~ of has been furnlahod.notice of the US Coast Guard ff located in navlgahle stream divarsinn. {Sections 10 and 404} agency's or department's application for waters of the United States. Some road fills may be eligible for an exemption ~19} Dredging of no more than ten the categorical exclusion and concurs from'he need for a Section 404 permit cubic yards from navigable waters of with that determination. Prior to altogether {see 33 CFR 323,4}. District the United State~ as part of a single and approval for purposes of this nationwide engineers are authorized, wbere local complete project. This permii does not permit of any agency's categorical c~rcumstances indicate the need. to authorize the connection of canals or exlcnsions, the Chief of Engineers will define the term "expected high flows" other artificial waterways to navigable solicit comments through publico tic~ in for the purpose of establishing waters of the United States {see Section the Fz~fleral Register. {Sections 10 and applicability of this nationwide permit. 33~.~!~:322.5(g}], (Section~,0} 404} {Sections 10 and 404) {20} Structures, work. and discharges (24} Any activity permitted by a st2 te {15} Discharges of dredged or fill for the containment and cleanup of oil administering its own Section 4¢q perm;t material incidental to the construction of and hazardous substances which are program for the discharge of dredgec el bridges across navigable waters of the subject to the National Off and fill material authorized at 33 U.S.C. United States. including cofferdams. Hazardous Substances Pollution 1344(g)-{1} is permitted pursuant to abutments, foundation seals, piers, and Contingency Plan, {40 CFR Part 300J, section 10 of the Rivers and Harbors Acl temporary construction and access fills provided the Regional Response Team of 1899, Those activities which do nv~ provided such discharge has been which is activated under the Plan involve a section 404 state permit are authorized by the US Coast Guard aa concurs with the proposed containment not included in this nationwide per=!t part of the bridge permit. Causeways and cleanup action. {Sections 10 and but many will be exempted b~ section - and approach fills are not included in 404) 154 of Pub. L. 9~587, (See 33 CFR this natinnwide permit and will require {21} Structures. work. discharges 322.3{a}{21}. (Section 10j an individual or regional Section 404 associated with surface coal mining [25} Discharge of concrete intn t~ghtly permit, [Section 40.I} activities provided they were authorized sealed forms or ceils where the concrete {16} Return water from an upland, by the Department of the interior_ O~fice is used as a structural member ~,'i, ~!: contained dredged material chsposal of Surface Mining, or by states with would not other~ise be subject to Clean area ieee 33 CFR 3£3.2{d)} provided the approved programs under Title V of the WaC:er Ac~ jurisdiction. {Secficn 4~4] state has issued a site specific or generic Surface Mining Control and Reclamation fg§) Discharges of dredged or fiji ccrtiEca:ion under section 401 of the Act of 1977: the appropriate dis~ict material into the waters listed i~ Clean Water Act {see also 33 CFR engineer ts given the opportunity to paragraphs {a}{gZ,) ti) and (ii} of ~_Lis 325.2(b}(1~]. The dredging itself requires review the Title V permit application section except those which cause tL~, a Section 10 permit if located in and all relevant Office of Surface loss or substantial adverse modificatio~ navigal:,le waters of the United States. Mining or state {as the case may be) of 10 acres or more of such waters vt the The return water or runoff from a documentation prior to any decAsion on United States, including wetlands. For contained disposal area ia that application: and the district or discharges which cause the loss or adminish'atively defined as a discharge division engineer makes a determination substantial adverse modification of I to of dredged material by 33 CFR 3Z3.2(d} that the individual and cumulative 10 acres of such waters, including even though the disposal itself occurs on adverse effects on the environment from wet]ands, notification ~o tee d]s~'r;~ ~ the upland and thus does not requtre a such structures, work. or discharges are engineer ts requL-ed in accordance with section 404 permit: This nationwide minimal ~n accordance with § § 330.7 {c] section 330.7 of this section, fSecticn permit satisfies the technical {2} and (3} and {dj. {Sections 10 and 404J 404~. requirement for a section 404 permit for [22} Minor work. fills, or temporary ii} Non-tidal rivers, streams, end thei, the return water where the qual~ty of the srvacmres required for the removal of lakes and impoundments mclachng retain water is controlled by the state wrecked, abandoned, or disabled - adjacent wetlands, that are located through the section 401 certification vessels, or the removal of man-made above the headwaters. procedures. ~'Section 404} obstructions to navigation. Tiffs permit {ii] Other non-tidal waters of the {17) Fills associated with sme!t does not authorize maintenance United States, including ~djacen~ hydropower projects at existing dredging, shoal temporal or river bank wetlands that are no~ par~ pi a surface reservoirs where the prelect which snagging. ISect/on$10 and 464~ tr~bvtarT system to interstate wa~ers ~i Federal RegisIer /.Vol.. 51. b~o. 219 ~ .Thursda~,/~/0vemberi13. 1~86 / Rules and Regulations 41257 nawgabie waters Of the United States engineer. If the district engineer or a eategot-y-of watere by requiring {i.e.. isolgted waters}, determines that such historic properties individual or regional permits: or -, (b}Condit/ons. Thefoltowings~ecial may be udversely affected, he will revoking an authorization on a ea se-by- conditions must be followed in o~ier roi' provide the Advisory Council on ease basis. This authority is not limited the nationwide permits identified in Historic Preservation an opportunity to to concerns for the aquatic environment paragraph ia} o~ this section to be vat d: comment on the effects on such historic ,as is the discretionary authority in [1} ~l'l~at ~ny discharge o£ dredged or properties or he will consider § 330.8. fill r~ateriat will not occ~i~ fn the modificatic 'evocation i(a) in addition to the conditions ed or ~ Part, the es off r endangered ~ be critical ,~egulate I£~e activity with 7 ,cot 3~ e impacts o~,_~ ' the District and/or the if enous permit unless .~,b¥ the ~ble in by ~aw. avoided. J. § aao.? l occur in a river ge do not existing ~ district the the on. or limited to: on. the ~ssed from of activities 41258 F~lmml Register / VoL 51. No, 219 [ Thursday. November 13, 1986 [ Rule~ ~nd Regulations received from ~0~ district or division together with a etatement of the factors based on concerns for the aquatic engineer, pertinent to a determination of the environment as expressed in the (b} Notification pursuant to the env~onmentul effects of the proposed guidelines published by EPA p~rsuan~ nationwide permit at § ~0.5(a)(26) must discharges, inchiding those set forth in section 404[b][1). (40 CFR Part 2301 be in writin~ and include the the 404(b)(1) guidefines, and his'views (aL Activity $~ecific co~dit~b~s. information ~isted below. Notification is on the specific points raised by those Division engineers are authorized to not an admission that the proposed agencies, modify nationwide permits by adding work would result in more than minima] (3) If the nationwide perrrdt at individual conditions on a case-by-case impacts to waters of the United States; it § 330.~(a}(21] is involved the clistrict basis applicable to certain activities simply allows the district or division engineer will give notice to the within their division. Activity specffi enhancer to evaluate specific activities Environmental Protection Aguncy end conditions may be added by the D/stnc~ for f~ompliance with general permit the appropriate state water quality Engineer in instan~es where there criteria, agency. This notice wtl] include aa s mutual agreement between the district (1] Name. address, end phone ~nmber minimum the thformation requf~red by engineer and the permittee. Furthermore, of the general permittee: paragraph (b) of this section, district engineers will condition (27 Location of the planned wor~ (d) l.~Jvision engineer revie~ of with conditions wbich have been (3) Brid descriptian of the proposed notificatian. Thedivisiouen~neerwill imposed an a state section 401 water work. its purpose, and the approximate review all notifications referred to him quality certification issued pursuant to size of the waters, including wetlands, in accordance with paragraph to)fl) or § 330.9 of this ParL which would be lost or substantially [c](g) of this aeolian. The d~visioe (b) l~egiooal conditioos. Division adversely modified ns e result of ~ engineer will require an individual engineers are ecthorized to modify work: and permit when he determines ~:hat an nationwide permits by adding (4) Any specific information required activity does not comply with the terms conditions on a generic basis applicable by the nationwide permit and e~uy other or conditions of a nationwide permit or to certain activities or specific information that the permittse believes does not meet the definition of a general geographic areas within their divisions. is appropriate, permit [see 33 CFR 322.2(0 and 323.2(n)) in develephug regional conditions (c) DJstrfct engineer review of including discharges under the division and district engineers will ~ot(fication, Upon receipt of nationwide permit at § 330.5[a)[26) follow standard perrrfit processin~ notification, the district engineer will which have more than minimal adverse procedures as prescribed in 33 CF~ Part promptly review the general permittee's environmental effects on the aquatic ~?5 applying the evaluation criteria of 33 notification to determine which of the environment when viewed either following procedures should be cumulatively or separately, In reaching CFR Part 320 and appropriate parts cf 33 followed: his decisinn~ be will review factors CFR Parts 321. 322. 323, and 324. Division and district engineers will take [1] If the nationwide permit at pertinent to a determination of the appropriate measures to inform the § 330.5[a)(26) is involved and the district environmental effects of the proposed public of the additional conditions. engineer determines either, (~ the discharge, including those set forth th proposed activity falls within a class of the 404(b)[1) guidelines, and wilt give (c) lndividual.~ermil~--~l) Cuse-~,:.'- discharges or will occur in a category of Pall consideration to the views, if any, of Case, In nationwide permit cases where waters which has been previously the federal and state natural resource additional individual or regional identified by the Regional agencies identified in paragraph (c) of conditioning may not be sufficien~ Administrator. Environmental Protection this section. If the division engineer address concerns for the aquatic Agency: the Regional Director, Fish and decides that an individual permit is not environment or where there is net Wildlife Service: the Regional Director. required, and a federal or appropriate sufficient time to develop such Ne.tonal Marine Fisher~e~ Se. vice: or stale natural resource agency has conditions under paragraphs (al a: (b~ the heads of the appropriate slate indicated in writing that an activity may this section, the division engineer may natural resource agencies as beL'~g ~f result in more than minimal adverse suspend use of the nationwide porn::: particular interest to those agencies: or environmental impacts, he will prepare and reqmre an individual permit (ii) the particular discharge has not been e written statement, available to the application on a case-by-case bas~s. The previously identified but be bal.;eves it public on request, which sets forth his d~strict engineer wtll evaluate the may be of imporlance to those agencies, response to the specific points raised by application and will either issue er he will promptly forward [he the comrnenting agency. When the a permit. However if at any time the notification to the division engineer and division engineer reaches his decisio~ reason for taking disuratJonary au~hern~. the head and appropriate staff officials he will notify the district engineer, who is satisfied, then the d3vL~ion engineer of those agencies to afford those will irmnediately notify the general may remove the suspension, reac~i'vatmg agencies an adequare opportunity before permittee of the c~visinn engineer's authority under the nationwide permit. such discharge occurs to consider such decision. Where thee is of the essence, the dis~ic! notification and express their views, if engineer may telephonically recommend an~,-ta the district engineer concerning ~ 330.8 I)~cret~o~r'/aumorit~', that the division engineer asset; whether individual perrvats should be Except as provided in paragraphs (c) discretionary authority to reqmre an required. (2) and (d) of L~.is section, division individual permit appBcatic)n for a (2) If the nationwide permits at engineers on their own initiative or upon specific activity. If t~e division § 330.5(a) (7), (17). or [21) are involved recommendation of a district engineer concurs, he may orally authorize thc and the Environmental Protection are authorized to modify nationwide district engineer to implement Agency, the Fish and Wildlife Service permft~ by adding regional conditions or authority. Oral authorization shou-~d he the National Marine Fisheries Service or ~o override nationwide permits by followed by wriIten confirmation. the appropriate stats natural resource or reqmring individual permit applications (2) Cate$orv.. Additionally a? e: water quality agencies forward concerns on a case-by-case basis, for a category not!ce and opportunity for public to me district engineer, he will forward ef activitie~ or in specific geographic hearing, division engineers ma~ those concerns to the division engineer areas, Discretionary authority will be that individual permit applicatic~ns COUNTY OF SUFFOLK ) STATE OF NEW YORK )SS: In completing this application I h~y autkorize the Trusteesj agent 5r representat!ve to enter ~dt~ ~y p~pe~ty to inspect the premises in conjunction with revi of ~ i, lication. DAY OF 19 f~ ]~XAM, NE D /~9 Approved 2/27/85 .~ ~ JOHN M. DWYER 429 South Unian Avenue Cranford, blew Jersey 07016 (201) 276 - 1440 August 6, 1987 James H. Rainbo Bishops Lane Southhampton, N.Y. 11968 Dear Sir: I hereby authorize ~nconsultants Inc. to act as my agent to obtain the necessary permits to reconstruct my bulkheads at Oldmill Road in Mattituck Long Island. Sincerely, John M. Dwyer J M D /bg