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HomeMy WebLinkAboutTR-3811Board Of $outhold Town Trustees SOUTHOLD, NEW YORK Mooring ~ PERMIT NO... 3811 ................. DATE: M~r.~h ..2.3.,....!.990 ISSUED TO ....... :Be~:.ez...,F. Md~ ............ : ............................................................................. Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold ToWn Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LA.NDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on .M~...~... 19....90..., and ~n consideration of fha sum of $ ........................ paid by of ........................................................................................ N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees aufhorlzes and permits the following: Maintenance dredge a 90'X100~ docking area to 8' at MLW. Approximately 675 c.y. of spoil to be disposed on the applicant's upland proper~F. all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a maiority of the said Board as of +his daf. e. TERMS ,and CONDITIONS The Permi~tee Peter Fakiris 1. That the said Board of Trustees and the Town of Southold are released from any and al/ damages, or elsimg for damages, of suits arising directly or indirectly as a result of any oper- ation performed pursuant to this permit, and the said Permittee will, at his or her own expeme, defend any and all such suits initiated by third parties, and the said Permittee assumes full with respect thereto, ro the complete exclusion of the Board of Trustees of the Town of Southold 2. That this Permit is valid for a period of gz~ mos. which is considered to be the estimated time requited to complete the work involved, but should cito,m~tancea warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that auth- orization was originally obtained. 4. That .the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Boaxd. 5. That there wilt be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water mar!cs. 7. That ff future operations of the Town of SouthoM requite the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be req~ upon due notice, to remove or alter this work or project herein stated without expenses to the Town of Southold. 8. That the said Board wBl be notified by the Permittee ot the completion of the work auth- orlze& 9. That the Permittee will obtain all other permits and consents that may be required ~.~p- plemental to this permit which may be subject to revoke upon faRum to ob*~,ln same. TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski. Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax I516) 765-1823 Telephone (516~ 765-1800 March 23, 1990 Glenn Just J.M.O. Consulting P.O. Box 447 Quogue, NY 11959 Re: App. No. 5-11-89-35-8-5.3 Dear Mr. Just: The following action was taken by the Board of Town Trustees during its regular meeting held on March 22, 1990 regarding the above matter: WHEREAS, Glenn Jus on behalf of Peter Fakiris applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 5, 1989 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 March 22, 1990 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 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 BE IT RESOLVED THAT GLENN JUST ON BEHALF OF PETER FAKIRIS BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: Maintenance dredge a 90' X 100' docking area to 8' at MLW. Approximately 675 c.y. of spoil to be disposed on the applicant's upland property. This permit will expire two years from the date it is signed if work has not commenced by said date. Fees must be paid, if ~ applicable, and permit issued within six months of the date ofthis notification. Two inspections are required and the Trustees are to be notified upon completion of said project. This permit provides dockage for two boats other than those owned b~ said property owner. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. Permit will be issued upon payment of the following fees for work to be done below Mean High Water Mark: Very tr~ul¥~urs, President, Board of Trustees JMB:jmt cc: Bldg. Dept. Conservation Advisory Council Planning Board file FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH TELEPHONE r516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main t~oad P.O. Box 728 Southold. New York 11971 September 27, 1989 J.M.O. Consulting PO Box 361 Wading River, N.Y. 11792 Re: Application No. 5-11-89-35-8-5.3 Peter Fakiris Dear Mr. Just: The following action was taken by the Board of Town Trustees during their regular meeting held on August 24, 1989 regarding the above matter: WHEREAS, J.M.O. Consulting on behali of Peter Fakiris applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 22, 1989 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 August 24, 1989 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, NOW, THEREFORE BE IT -RESOLVED that application of J.M.O. Consulting on behalf of Peter Fakiris be TABLED pending approval from the Southold Town Planning Board. FAK: j as cc: GAG Planning Board Very truly yours, Frank A. Kujawski, Jr. President Board of Town Trustees FRANK A. KUJAWSKI, JR.. Dresident ALBERT J. KRUPSKI, JR.. Vice-President JOHN M. BREDEMEYER. III JOHN L. BEDNOSKL JR. HENRY P. SMITH TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold. New York 11971 May 22, Mr. John Holzapfel, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Holzapfel: Transmitted herewith is application No. Wetland Permit submitted by Peter Fakiris. Please prepare a written report of with respect to this application. 1989 5-11-89-35-8-5.3 for a findings and recommendations FAK: jas Very truly yours, Frank A. Kujawski, Jr. President Board of Town Trustees cc: Bldg. Dep't. TELEI'~tO~E (5161-76-5:i8~2 BOAIID OF TOWN TRUSTEES TOWN OF SOUTttOLD Town Itall, 53095 Main Road P.O. Box 728 Southokl, New York 11971 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF SOUTHOLD TOWN, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER'32 OF THE CODE OF THE TOWN OF SOUTHOLD. A PLICATION ~y, Peter Fakiris APPLICANT'S NAME: MAILING ADDRESS: DATE Mgy 5~1989 TEL. NO.718-392-6858 a~mmr Pmmlty Corp.:13-O7 AGENT: Glenn ~_ 7~r/.7 M,O Con~lrinE AGENT ADDRESS:. P.O- Box 361~ Wading River, PERMIT REQUESTED TO: 37th Avenue, Long Island TEL NO.929-5775 N.Y. 11792 Maintenance dredge a 90'x100' docking area to City, fly 11101 8' at ~LW. Resultant spoil (apprpx. 675 c.y.) shall be disposed of on applicant's ~p land property. LOCATION OF PROPERTY FOR REQUESTED PERMIT: R.0.W. off of Shipyard Lane HAMLET:- . East Marion TAX MAP NO: 1000- CREEK, BAY OR HARBOR FRONTING PROPER%Sf: SIZE OF PROPOSED WORK: LENGTH: 90' Gardiner's Bay WIDTH: _ lO0' App. Page 2. YDS. TO BE EXCAVATED: 675c.¥. YDS. TO BE FILLED: MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED: clamshell Crane on barEe w~th WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: 1/2 mil~ DEPTH AT LOW TIDE: 5'- 6.8' AVER. RISE IN TIDE: 3' DISTANCE TO NEAREST CHANNEL: -150' DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: N/A AREA ZONING: Residential IS PROJECT FOR PRIVATE OR BUS. USE: Private INTENDED USE OF PROPERTY: Private docking ~n~ r~creation DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: Sinyle family dwelling? docks, sanitary system, fill and deck, HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, OR DEPOSIT FILL ON SAID PREMISES:unknown DREDGE, HAS ANY LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A GOVERNMENTAL~ AGENCY: No DESCRIBE FULLY THE REHABILITATION OF PROPERTY: N/A DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: N/A ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT THIS PROJECT: __No WRITTEN CONSENT OF OWNER IF NOT THE SAME AS APPLICANT: Enclosed COUNTY OF SUFFOLK ) STATE OF NEW YORK )SS: in completing this application I hereby authorize ~he Trusteesj agent.or representative to enter onto mx property to inspect the premises in conjunction with review~his a~pli~t~ Sl G%~a~U~E OF AP~L~I/~AN~- ~ Publi~, State of New York No. 01SC4928488 Qualified in Suffolk County .... .:w~-.. Ex~ires June 20, 1 EXAMINED APPROVED "WETLANDS" PERMIT (~HAPTE~ 9~) APPROVED "BOAT,DOCKS, WHARVES" PERMIT (CHAPTE~ 32) DISAPPROVED "WETLANDS PERMIT" (CHAPTE~ 97) EOMPUTATION OF FEES Approved 2/27f85 VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR (516) 765-1802 FAX (516) 765-1823 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TO: FROM: SUBJECT: DATE: SOUTHOLD TOWN TRUSTEES I/ VICTOR LESSARD, PRINCIP.~ BUILDING INSPEC~'~R...~ FAKIRIS PROPERTY - 1695 SHIPYARD LANE, EAST MARION SUFF. CO. TAX MAP ~1000-38-01-18 March 7, 1990 I inspected the Fakiris property on Shipyard Lane East Marion, today. All the spoils deposited on this Property have been removed. Please find attached a copy of the analysis of the removed spoils. VL:gar Inde?endent Testing Laboratories, Serving Industry Worldwide Since 1976 129 - 11 18th AVENUE - COLLEGE POINT, N;Y. 11356 - (718) 961-8530 September 28, 1989 Mr. John Jones 43-I0 44th Street Long ISland City, NY 11104 Attention: Mr. ~ohn Jones Re: Testing'Results of One Top Soil Sample Des r: ~Ir. Jones On September 19, 1989, you delivered Independent Testing Laboratories, Inc. for soil chemical The sample was analyzed in accordance with the methods States Department of Agriculture. The following is the the test: one top soil sample to analyses. of United result Qf Name of Test Result Soil P~ 7.7 Ammonia NitrOgen 0 (ug/g) Nitrate Nitrogen 8 (ug/~) Phosphorus (P) 124 (ug/g) Calcium (Ca) 1.14 (wt %) Magnesium (Mg) 0.05 (wt %) Iron (Fe) 1.14 (w% %) Manganese (Mn) 0.03 (wi %) Potassium [K) 0.59 (wi %) Zinc (Zn) ' 0,14 (wi %) Chromium (Ct) 0.00 (wt ~) Arsenic (As) 0.02 (wt ~) Cadmium (Cd) 0.00 (wi %) Lead (Pb) 0.05 (wi %) Organic Content ~3.4 (wi %) Very Truly Yours, NowardPickett, President Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) ~65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 30~ 1989 Susan Ackerman NYS Dept. of Environmental Conservation Bldg. 40 SUNY, Rm 2t9 Stony Brook, New York 11794 Dear Ms. Ackerman: Application for Peter Fakiris c/o Gusmar Realty Shipyard Lane, East Marion SCTM~ 1000-35-8-5.3 The Planning Board is currently reviewing a major subdivision proposal for the above mentioned parcel. At this time the Board has not started the Lead Agency Coordination process or granted any approvals on the subdivision~ It is the PlannLug Board's understanding that the proposal before your agency is for the dredging necessary for an individual boat of approximately sixty to sevent~v feet in length. It is also understood that the location where the spoil is to be deposited has not been defined. Please advise if you have~ any additional information regarding the above. BEh~NETT ORLOWSKI, JR. CHAIR~IAN Michael Infnrna, US Army Corps of Engineers Frank Kujawski~ President Trustees Board Ruth Oliva, Councilwoman GAll S. SHAFFER SECRETARY OF STATE STATE OF NEW YORk DEPARTMENT OF STATE ALBANY, N.Y. 12231-0001 August 16, 1989 Mr. Glenn Just JMO Consulting P.O. Box 361 Wading River, NY 11792 Re: F-89-355 U.S. Army Corps of Engineers/New York District - Permit Application ~89-0623-L2 Peter Fakiris Town of southold Dear Mr. Just: The Department of State has completed its evaluation of your Federal Consistency Assessment Form and certification that the above proposed permit activity complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification subject to the following condition that in order to minimize adverse water quality impacts in Orient Harbor, no dredging shall take place between June 1 and September 30 of any calendar year. This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals required under existing State statutes. A copy of this decision has been sent ~.~o the Corps of Engineers. G~rg? R. lStafford Director Division of Coastal Resources & Waterfront Revitalization GRS:MP:ak cc: ceE/NY District - Michael Infurna NYS DEC/Region I - Christine Costopoulos Town of Southold - Board of Trustees - Frank Kujawski jem.o, consulting box 361 · North couNtry road wading river, N.y. 11792 (516) 929,5775 telefax (516) 929, 5309 August 16, 1989 Board of Town Trustees To~n of Southotd To~n Hali~ 53095 Main Road P~O~ Box 728 Southold, N.Y~ 11971 Attn: Mr. Frank A~ Kujawski~ Jr~ Re~ Proposed Dredging~ Fakaris, Eaet Marion Dear' Mr~ Kujawski: Enclosed please find a copy of the N~Y~S~D~E~C. ~am recently issued Permit which for the above noted property~ 8~ crecy ~ Ne~ York State Department of Environmental ConServation Building 40--SUNY, StOny Brook, New York 11794 (516) 751-7900 Mr. Peter Fakiris c/o Gusmar Realty 13-07 37th Ave. Long Island City, N.Y. 11101 August 14, 1989 Thomas C. Jorling Commissioner Re: Permit Ne.!0-89-0888 Dear Mr. Fakiris: 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 read all conditions carefully. If you are unable to comply with any con- ditions, 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. Very truly yours, Susan Ackerman Senior Environmental Analyst SA:rw enclosure 95-20-6 DEC PERM[~T NUMBER 10-89-0888 FACILITY/PROGRAM NUMBE R(sl N/A NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION P£RMIT Under the Fnvlronment~l £ongervation law EFFECTIVE DATE ,August !.4, t989 EXPIRATION DATE(s) 'August 3~, 1994 N Article 15, Title 3; 6NYCRR 327, __ 328, 329: Aquatic Pesticides Article 15, Title 5: __ Protection of Water Article 15, Title 15: __ Water Supply j Article 15, Title 15: __ Water Transport Article 15, Title 15: __ Long Island Wells Article 15, Title 27: __ Wild, Scenic and Recreational Rivers [--~--] 6NYCRR 608: Water Quality Cedification ['---~ Article 17, Titles 7, 8: SPDES [----~ Article 19: Air Pollution Control* ~--~ Article 23, Title 27: Mined Land Reclamation ~ Article 24: Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct (*only), O--Operate (*only) [~ Article 25: Tidal Wetlands ~--~ Adicle 27, Title 7; 6NYCRR 360: Solid Waste Management* ~-] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management l--~1 Article 34: Coastal Erosion Management [i---~ Article 36: Floodplain Management [-------~ Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO Mr. Peter Fakiris, c/o Gusmar Realty ADDRESS OF ?ERMITTEE 13-07 37th Ave., Long Island City, N.Y. 11101 AGENT FOR PERMITTEEJCONTACT PERSON Mr. Glenn Just, JMO Consulting, Wading River, NY N TELEPHONE NUMBER (5!6) 929-5775 NAME AND ADDRESS OF PROJECT/FACILITY (If different from Permittee) R.O.W. off Shipyard Lane, East Marion SCTM 1000-35-8-5.3 LOCATION OF PROJECT/FACILITY COUNTY TOWN/CI~Igi~E UTM COORDINATFS Gardiners Bay Suffolk Southo!d DESCRIPTION OF AUTHORIZED ACTIVITY Dredging a 90 foot by 100 foot area surrounding an existing pier to a depth of 8 feet at mean Iow water, as per ~TYSDEC approved plan attached; 675 cubic yards of spoil will be disposed of in an upland location a minimum of 300 feet landward of tidal wetlands. GENERAL CONDITIONS By acceptance of this permit, the permlttee agrees that the permit is contingent upon strict compJi- ance with the ECL, all applicable regulations and the conditions specified herein or attached hereto. I The permittee shall file in the office of the appropriate regional permit administrator, or other office designated in the speciar conditions, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall a/so notify him/her promptly in writing of the completion of the work 2 The permitted work shal] be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if the public interest so requires pursuant to ECL §71~n01 and SAPA §401(3) 3 The permittee has accepted express]y, by the execution of the application, the full legal responsibility for all damages, direct or indirect, of whatever nature, and by whomever suffered, arisin8 out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and descrip Lion resulting from the said project 4 The Department reserves the right to modify, suspend or re¥oke this permit at any time after due notice, and, if requested, hold a hearing when: a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found; or b] the permit was obtained by misrepresentation or failure to disclose relevant facts; or c) newly discovered information or significant physical changes are discovered since the permit was issued S To maintaio a valid permit, the permittee must submit a reoewal application, including any forms, fees or suppleme,ta] information, which may be required by the Department. at least 30 days prior to the expiration date of the existing permit (180 days prior for: State pollution discharge elimination system permits (SPDESh Solid waste management facilities permits (SWMFk or Hazardous waste management facilities permits {HWMF)). 6 This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others ill order to perform the~ permitted work or as authorizing the impairment of any rights, tide or interest in real or personal property held or vested in a person not a party to the permit 7 The permittee is responslb]e for obtaining any other permits, approvab, lands, easements and rights-of-way which may be required for this project. g Issuance of this permit by the Department does not. unless expressJy provided for. modify, supersede or rescind an order on consent or determination by the Commissioner "lt~p~tty Any modificatio, of this permit gra d by the D artroent m t be in writing and attached hereto, PERMIT ISSUANCE DATE PERMIT ADMINISTRATOR ADDRESS Bldg.40,SUNY,Rm. 219 August 14, 1989 Christine J. Costopoulos Stony Brook, ~ 11794 cc: B~ 3 j 95-20~6a (1/86)--25c ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34, 36 and 6 NYCRR Past 608 ( 10. That E futurb operations by the State of New York require an al- teration 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 th~ State, the owner may be ordered by the Department to remove or alter the structural work. obstructions, or hazards caused 15. thereby without expense to the State, and if, upon the expiration or revocation of this permit the structure, fill~ excavation, or other 16. modification of the watercourse hereby authorized shall not be com- pleted, the owners, shall, without expense to the S~ata, 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 he made against the State of New York on account of any such removal or alteration. 17. 11 That the State of New York shall in no case be liable for any damage or ~njury to the structure or work herein authorized which may'be caused 18. 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· 12 Granting of this permit does not relieve the applicant of the responsi- bi{ltv of obtaining any other permission, consent or approval from 19. the U.S. Arm'/Corps of Engineers, U.S. Coast Guard. N~w York State Office of General Services or local government which may be required. 13. 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 TW, PW, WQ other environmentally deleterious materials associated with the project. 14.- Any material dredged in the ~rosecution of the work herein permitted shall he removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deeo holes that ma'/have a tendency to cause damage to navigable cbennels or to the banks of a waterway. There shall be no unreasonable interference with navigation by the work herein authorized. 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 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. If granted under Article 3E. this permit does not signify in any way that the project will be free from flooding. If granted under 6 NYCRR Part 608. the NYS Department of Environ- mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301. 302, 303, 306 and 307 of the Clean Water Act of 1977 {PL 95-217) provided that all of the conditions listed herein are met. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant 6r his agent as part of the permit application. JMO Consulting Such approved plans were prepared by on 6/20/89 3. 4. Supplementary Special Conditions SPECIAL CONDITIONS Spoil must be deposited a minimum of 300 feet landward of the t~dal wetland boundary line. All spoil mus[ be deposited directly ±nt~ barge and then removed directly to trucks. No dredge spoil may be deposited in tidal wetlands. Ares must be dredged to a uniform depth. (A) through (J) attached. DECPERMITNUMBER J 10:89-0888 PROGRAM/FACILITY NUMB£R . N/A ' · Page 2 of 3 SUPPLEMENTARY SPECIAL CONDITIONS The A. Ce following conditions apply to all permits: If any of the permit conditions are unclear,the permittee shall con- tact the Division of Regulatory Affairs at the address and telephone noted below. A copy of this permit with supplementary conditions and approved plans shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a con- spicuous location at the work site until completion of authorized work. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work, the bottom portion of that form shall also be com- pleted and returned. For projects involving activities to be accomplished over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to the.commencement of resumption of Qork each year. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modi- fications. The permittee is advised that substantial modification may require submission of~ a new application for permit. Ail necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservatioo Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY ].0278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands underwater. Regional Permit Administrator NYS Dept. of Environmental Conservation Bldg. 40, SUNY-Room 219 Stony Brook, NY 11794 (516) 751-7900 DEC # 10-89-0888 Page 3 of3 CHARLES T. HAMILTON Chief, Marine Regulatory Section NYSDEC, Bureau of Marine Habitat Bldg. 40, SUNY,~Room 225 Stony Brook, NY 11794 Re: Permit No. Issued To: Contractor's Name: Contractor's Address: Protection Contractor's Phone No. Dear Sir: Pursuant to General Condition Number 1 of the above referenced permit you are hereby notified that the authorized activity shall commence on This notice is to be sent at least two days in advance of commencement of the project. The permit sign will be posted at the site and copy of permit will be ' available at site for inspection. Submitted By: Date: FAILURE TO NOTIFY OR POST SIGN WILL LEAVE OWNER AND/OR CONTRACTOR SUBJECT TO APPLICABLE PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITION. CHARLES T. HAMILTON Chief, Marine Regulatory Section NYSDEC, Bureau of Marine Habitat Protection Bldg. 40, SUNY, Room 225 Stony Brook, NY 11794 Re: Permit No. Issued To: Contractor's Name; Contractor's Address: Contractor's Phone No. Dear Sir: Pursuant to General Condition Number 1 of the above referenced permit you are hereby notified that the authorized activity was completed on Submitted By: .... Date: THIS NOTICE, WITH PHOTOS OF COMPLETED WORK AND/OR COMPLETED SURVEY, TO BE SENT TO ABOVE ADDRESS PROMPTLY UPON COMPLETION OF PROJECT. FAILURE TO NOTIFY WILL LEAVE OWNER AND/OR CONTRACTOR SUBJECT TO APPLICABLE PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. IS US Army Co;'Ps ~ Engineers New York District 26 Federal Plaza New York, N.Y. 10278 ATTN: REGULATORY BRANCH To ~nom It ~ay Concern: blic Notice r~g refer to Notice No 13753-89-06¢3-L2 Publ[shed: 6 0UL 89 Expires:7 AUG 89 This District has received an application for a Department of the Army perm/t pursuant to APPLICANT: ACTIVITY: WATERWAY: LOCATION: Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403); Section 404 of the Cleao Water Act (33 U.S.C. 1344). Peter Fakiris c/o Gusmar Realty 13-07 37th Street Long Island City, New York 11101 Dredge with ten years maintenance and upland disposal Gardeners Bay East Marion, Suffolk County, New York A detailed description and plans of the applicant's activity are inclosed to assist in your review~ The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources° The benefit which ressonab!y may be expected to .~c. true from the activity must be balanced against its reasonably foreseeable detriments° All factors which may be relevant to the activity will be considered including the cumulative effects thereof~ among those are conservation, economics, aesthetlcs~ general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation~ water supply and conservation, water quality~ energy needs, safaty~ food production and, in general~ the needs and welfare of the people. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED ~N WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise it will be presumed that there are no objections to the activity. Any peraon may request, in writing to the district engineer, before this public notice expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state~ w~th particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing. NANY FL-129 Yay 83 Ae~latory Branoh Pmblic No, ice ~o, 13753-89-Oa~3-L2 Pursuant to Section 7 of the Endangered Species Act (16 ~,$,C, 153t} and based upon a review of the latest p~blished version of the threatened amd endangered species listing, a preliminary determination is that the activity under oonsid~ratiouwill r~t ~fect those species listed or their Based upon a review of the latest published version of the National Register of Historic Places~ there are oo known sites eligible for ar included in the Register ~ithl~ the permit area. Presently unknown archeologieal~ ecieneific~ prehistorical or h~storical data may ne tos.t by work accomplished under the required permit° Reviews of activities pursuant to Sectiom 404 of the Clean Water act will include application of the guidel~nes promulgated by the Administrater~ U.S. Environmental Protection Agency~ under authority ~ Section 404{ b} of the Clean Water Act and the applicant will obta~e a water quality certificate or waiver from Che appropriate sta~e agency in accordance with Section 401 of the Clean Water Act prior :oa permit decision~ P~rsuant to Section 307(c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1456(c))~ for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program~ the applicant has certified in the permit application that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. By this pablic notice, we are requesting the state's concurrence with~ objection to~ or waiver of the applicant's cartificetion. No permit decision will be made until one of these actions occur. For activities within the coastal zone of New York State, the applicant's certification and accomPanying information is available from~ and any co.meets on, should be addressed to the New York State Department of Stace~ Division of Local Government and Community Serv~ices~ Coastal Management Program~ 162 Washingtpn Avenue~ Albany, New York 12231 Telephone (518) 474-5063. In addition to any required water quality certificate and coastal zone management program concurrence~ the applicant has obtained or requested the following gevernmental authorizations for the activity under consideration: New York State Department of En~lronmen a Conservation Tidal We~,~ands Permit Town of Southeld Permit It ia requested that you co~unicate the foragoing information concarning the activity ~o any persons known by you to be interested and who did not racelve a copy of this notice. tf you have any questions concerning this application~ you may contact this office at t~ephone (212) 264-391~ and ask for Mr. Michael Infurnao 2 Incls: 1. Description of Work 2. Drawing(s) R.M. Panielson Colonel, Corps of Engineers District Engineer NANY FL-129-1 L~y 83 2 CENAN-OP-I~E APPLICATION NO. 89-0623-L2 PUBLIC NOTICE NO. 137~3-89~0623-L?- DESCRIPTION OF WORK The applicant, Mr. Peter Fakiris has requested Department of the Army authorization to dredge with ten years mainte~lance a~d upland disposal in Gardiners Bay at East Marion, Suffolk County, New York for the stated purpose of maintaining an adequate depth for the applicant's recreational vessel. The work would involve the dredging of a 90 foot wide by 100 foot long area to a depth of 8 feet below mean low water, removing approximately 675 cubic yards of material° The applicant anticipates dredging ~ times over the ten year life of the permit, removing approximately 250 cubic yards per event. Dredged material from initial and subsequent dredging activities would be placed at an upland location, where it would be suitably retained from reentering the waterway. dredge a 90~xl0Q~ dockz~g area to 67~;~;) Shaii B~ diSP0~d Of gfi At B~St Mafi0n~ Toga APPiimafi~: P~te~ Da~u~: Mean ~6~ W~t~f / S~[~ ~I SUf~f0il C0nnty~ ! L__r--~iHggstro~ Map 2o -- [S~aia 1 = 3000~ ~ SCALE A~ea to 0.5 o 5O I00 Exist. Pier Piles ~FLOOD: WIDTH JM.G CONSULTING~ WADING RIVER~ N~ Adjacent Property Owners 1, Cleaves Point Village CondOs° 2. Cresent Beach Condos~ iOF 2 dM.O. qrn(D SHEET 20~ 2 1-x..-I 6=~2/8 7)-- 7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF[s designed to h~lp applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent~ ly, there are aspects of a project that are subjective or unmeasureab[e. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby apphcants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a Project or action. Full EAF Components: The fnll EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site, By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced~ Par[ 3: if any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAE completed for this project: ~ Part 1 ~ Part 2 [Z]Part 3 Upon review o~ the information recorded on this EA~ (Parts l and2and 3 if p[ropriate) and any other supporting information, and considering both the magitude and importance of each impact, it is rea~onabl, determined by the lead agency that: ~ A. The project will not result in ~ny large and important impact(s) and, therefore, One which will not have a ~ignificant impact on the environment, therefore a negative declaration will be prepared. B. Although the pro~ect could have a significant effect on the environment, there will not be a significant effect for [hi~ Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* on th~ environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Uniisted Actions Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature st Responsible Officer in Iead .Agency Signature of Preparer (If different from responsible officer PART 1--PROJECT INFORMATION Prepared by Proiect Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, PartsA through E Answers to these questions will be considered as part of the application for approval and may be subiect to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. [ NAME OF ACTION ~ 1 · I ~L. OCATION OF AO~TION (In¢lud~ Sktreet Add"tess. Mu,icipality And County) ~ ~ ~ ~ . Please Complete Each Question--I~dicate N.A. ii nol applicable A. Site Descriptio. Physical setting of overal] project, both develo~d and undeveloped areas, 1. Present land use: ~Urban ~lndustda[ ~Commercia[ ~es[dential (suburban) ~Rural (non-farm) ~Forest ~griculture ~Other 2. Total acreage of pro~ect area: GZ(~ · ~ acres APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Nomagriculmral) ~ acres ~ acres Forested ~ acres ~ acres Agricultural (Includes orchards, cropland, pasture, etc) ~c/ acres ~~ acres Wetland (Freshwater or tidal as pe~ Articles 24, 25 of ECL) ~ ~, O(~_~ acres ~ ~(~ ~ acres Water Surface Area ~ acres ~' acres Unvegetated (Rock, earth or fi~]) ~ acres ~ acres Roads, buildings and other paved surfaces acres ~~ acres Other (Indicate type) i~.,,~% ~ ~ ~ ~cres ~ ~ . C~,~--V acres 3. What is predominant soil type(s) on project site? .... a. Soil drainage: ~ eH drained ~' % of site E.Moderate'.'~ well drained % of site I ~Poo IV drained % of site b If any agricuhura[ land i~ involved, ho~ manv acres ot soil are classified within soil group 1 through 4 of the NYS Land Clas~d~catJon System? N"~4~ acres. (See I NYCRR 373. 4. Are there bedrock outcm,)p nas on proiect ~ite? r , ~o a. Wha~ is depth h: bec rock? ~_~ ~ /~_ {in fr~et) STATE ZiP CODE ,nuch natural material tie. rock. earth, etc.) will be removed Frnn, Ihe sile? :Z-_~ -'~_~k'~ ton~cq~c yards. .. Will disturbed areas he rectahned~ a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation~ ~Yes ~No c. Will upper subsoil be stockpiled for reclamation~ ~Tes ~No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site~ ~ acres. 5. Will any malure foreq (over 100 years old} or otlmr locally-important veRetation be removed by this projecff ~Yes ~o 6. If single phase project: Anticipated period of construction ~ months, (including demolition). 7. If multFpi~ased: N~ a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month year, (including demolition). year. d. Is phase 1 functionally dependent on subsequent phases? ~Yes ~No 8. Will blasting occur during construction? OYes ~'No 9. Number of jobs generated: during construction ~-~.q,~'-'-; after project is complete ~ 10. Number of jobs eliminated by this project ~ 1J, Will project reqt~ire relocation of any projects or faci}ities? ~Yes ~'No If yes, explain 12. ts surface liquid waste disposal involved? []]Yes Ii.No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount _ b. Name of water body into which effluent wilt be discharged 13. Is subsurface liquid waste disposal involved? E~Yes ~-No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain ~Yes ~No 15 16. 17. 19. 20. 21. Is project or any portion of project located in a 100 year flood plain? Wi]] the proiect generate solid waste? ~Yes '~No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ~Yes ~No c. If yes, 8ive name ; location d. Will any wastes not go into a ~ewage disposal system or into a sanitary landfill? e. If Yes, explain [~No E~Yes E~No Will the project involve the disposal of solid waste? ~Yes a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. Will proiect use herbkides or pesticides? E-iYes Will project routinely produce odors (more than one hour per day)? ~Yes Will proiect produce operating noise exceeding the local ambient noise levels? OYes Will proiec~ result in an increase in energy use? ~Yes EqNo If yes inrli~ ~te 22. If water suppl~, is from wells, indicate pumping capacity Iv t44. 23 Total anticipated '.~ater usage per day ~2~X___ §allons/day 24. Does proiect ~vove Loca State or Federal funding? ~Yes If Yes, explain gallons/minute. 4 .nato parco; '!e of proposed proiecl site with slopes: ~) 10,,~ _[',-; ~ % ~10-15% % ~15% or greater ~ % ~. Is project substantially comiguous ~o, or contain a building, site, or di~tricL tis[ed on the State or the National Registers of Historic Place~? ~Yes ~No 7. Is proiect substantially conti~uous to a sitp listed on the Register of Nat[ohM N~tural Landmarks? ~Yes ~o 8. What is the depth of the water ~able? (in feet) 9. is site located over a prhnary, principal, or sole source aquifer? ~s ~No 10. Do hunting, fishing or shell fishing opportunities presently exist in the projed area? ~Yes ~No 11. Does project sKe contain any species of plant~ . ~°r animal life that is identified as threatened or endangered? ~No According to_ ~G~ Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ~Yes ~o Describe 13. is the project site presently used by the community or neighborhood as an open space or recreation area? EYes UNo If yes, explain __ ( ~ cx~'-r~,,'gcC)v'X _ 14. Does the present site include scenic views known to be important to the community? ~Yes ~No ~b~%~ r~( c~/~ JS. Streams within or c~tiguous to project area: a, Nanm of Sheam ~md name pt River to wbk h it ix tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: 17. Is the site served by existing public utilities? es L'TiNo a) If Yes, does sufficient capacity exist to allow connection? ~Yes []No b) If Yes, will improvements be necessary to allow connection? ~Yes ~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? L]Yes 19. ts the site located in or substanfiall)~ c/ontiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL. and 6 NYCRR 6177 '~ ~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ~Yes fi_No B. Project Description 1. Physical dimensions and scale of proiect (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor ~rr~, ,E? ~? acres. b. Project acreage to be developed: CX_© G.~ acres initially; ~/p~.~_ acres uitimateb/. c. Project acreage to remain undeveloped r~ acres. d, Length of project, in miles: __]k~/~:~' (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed ---- %; f. Number of off-street parking spaces existing .... proposed ~ g. Maximum vehicular trips generated per hour ---~ _ (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Initially ~7~°~___ Ultimately ~;-.]) ¢-x.~ pd l.k!~i. Dimensions (in feet) of largest proposed structure height; width; length. fkJ~gJ. Linear feet of frontage along a public thoroughfare project wilt occupy is? ft. 3 Condominium Part 2--PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) · In comp[eting the form the reviewer should be guided by the question: Have my responses and demrminations been reasonable? The reviewer is not expected to be an expert environmenta] analyst. · identifying that an impact will be potendMlV large (column 2) does not mean ~hat it is also necessarily signlficanL An~ large impact must be evaluated in PART 3 to determine significance. Identifying an impact i~ column 2 simply asks that it be looked a~ further. - The Examples provided are to assbt the reviewer by showing ~ypes of impacts and wherever possib}e the threshold of magnitude that would trigger a ~esponse in column 2. The examples are genera]iy apphcab]e throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential L~rge impact response, thus requiring evaluation in Part 3. · The impacts of each project on each site, in each ]ocahty, will vary. Therefore, the examples are iibstrat]ve and . have been offered as g~idance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per quesdon does not indicate the importance of each question. · tn identifying impacts, consider tong term, short term and cunqative effects InMrudions (Reud ~ arefully) a, Answer each of the ]9 questions in PART 2. Answer Yes ~[ there will be any impacl b. Ma~be answers should be considered as Yes answers. c. If answering Yes to a question [hen check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the proiect site? ~NO [~YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the proiect area exceed 10%. "Construction on land where the depth to the water table is ]ess than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface ~ Construction that will continue for more than 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,[)00 tons of natural material (i,e, rock or sod) per year, Construction or expansiop of a sanitary landfill. Construction in a designated Hoodway. Other impacts Will there be an effect to any unique or unusual land forms found on the site? (ie, cliffs, dunes, geological formations, etc.)[7.]NO Em. YES )ecific }and forms: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change [~Yes ~No ~Yes [~No ~]Yes ~No [~Yes ~No ~Yes ~]NO ~]Yes [77]No [~]Yes [~]No r~Yes ~r~ Yes ~No .~equ. _el: City, Town, Village Planning Board []Yes City, Town Zonh-,g Board £]Yes ~a,No City, County H(,alth Department ~]Yes Other Local Agencies ETiYes Other Regional Agencies J, kLYes L~No State Agencies L-~.Yes ~No Federal Agencies ['..ifYes [~No Type C. Zoning and Planning Information Submillal Date _ I Does proposed action involve a planning or zoning decision? ~Yes ~No if Yes, indicate decision required: (]zoning amendment []zoning variance F]specia[ use permit ~subdivision ~site plan ~new/revision of master plan (]resource management plan []other 2. What is the zoning cJassification(s)of the site? 3. What is the maximun,~ potential development of the site if developed as permitted by the present zoning? 4 What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~Yes E~No 7. What are the predominant land u5e(5) and zoning classifications within a ¼ mile radius of proposed action? 8 Is the proposed action compatible with adjoining/surrounding land uses within a ~A mile? U]Yes E~No 9 If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? U]Yes ~No 11, Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? (]Yes (]No a. If yes, is existing capacity sufficient to handle pro}ected demand? ~Yes (]No 12. Will the proposed action result in the generation of traffic significantly above present levels? U]Yes ~No a. If yes, is the existing road network adequate to handle the additiona! traffic? (]Yes (]No D. Informational Details Attach any additional information as may be needed to dar}fy your proiect. If there are or may be any adverse mpacts associated with your proposa[, please discuss such impacts and the measures which you propose to mitigate or ¥oid them, · Verification I certify that the information provided above is true to the best of mv knowledge. ,plican,"Sponsor [,ate he action is in the ~%.state agency, comp eta ,he Coastal Assessment Form before proceeding S this assessment. 5 · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will altow development in a designated floodway. · Other impacts: IMPACT ON AIR 7, Will proposed action affect air quality? L~NO ~YES Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given flour. · Proposed Action will result in ff~e incineration of more than 1 ton of refuse per hour · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million 8TU's per hour. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? [ JNO ~YES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. ~ Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impact~; 9 Will Proposed Action substantially affect non-threatened or non endangered species? [~NO [~YES Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species, · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age} or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES t0 Will the Proposed Action affect agricultural land resources? ~NO ~YES Examples that would apply to column 2 · The proposed action would sever, cross or limit access to agricultural land (incfudes cropland, hayfields, pasture, vineyard, orchard, etc,l 8 I 2 3 Small to Potential I Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [~ [] []Yes [~No ~.] [] [~Yes []No E~ [] ~Yes E3No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ UYes ~No ~ ~ ~Yes UNo ~ ~ ~Yes ~No ~ ~ DYes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ O ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No IIViPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the [-nvironmental Conservation Law, ECL) ~YES [xamples that woMd apply to column 2 Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream Extension of utility distribution facilities through a protected water body. Construction in a designated freshwater or tidal wetland. Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? f~NO ~YES [xamples that would apply to column 2 o A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. . Construction of a body of water that exceeds I0 acres of surface area. ~. Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? F3NO ~YES [xamples that would apply to column 2 · ProF~osed Action will require a dischar8e permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (proiect] action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system, · Proposed Action will adverseb/ affect groundwater. ,, Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visuM contrast to natural conditions. ,* Proposed Action will require the storage of petroleum or chemical products greater than 1,I00 galk)ns · * Proposed Action will allow residential uses in areas without water and/or sewer services. "Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts: Will proposed action alter drainage flow or patterns, or surface water runoff? ~NO ~YES Examples that w~uld apply to column 2 Proposed Action wouid change flood water flows 7 1 Small to Moderate Impact Potential Can Impact Be Large Mitigated By Impact Project Change E3 ~¥es ~7} ~Yes ~No ]77] ~Yes [~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~es ~ ~Yes ~ ~Yes ~N~ ~ ~yes ~No ~ ~Ves ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes ~Yes ~No ~Ves ~No IMPACT ON TRANSPORTATION I4 Will there be an effect h> existing ~ransportation sy<lems¢ [ iN() ~]YIS Examples that would apply to co[unto 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in maior traffic problems. ' Other impacts: IMPACT ON ENERGY 15 Will proposed action affect the community's sources of fuel or energy supply? UNO ~YE5 Examples that would apply to column 2 · Proposed Action will cause a greater t. han 5% increase in the use of ;lily [<win of unorgy in the mtmicipalily "Proposed Action will require tile creation or extension of an energy transmission or supp/¥ system to serve more than 50 single or two family residences or to serve a major commercial or industrial use · Other impacts: NOISE AND ODOR IMPACTS 16. WiJ} there be objectionab]e odors, noise, or vibration as a result of the Proposed Action? ~NO ~YES Examples that would apply to column 2 · B,lasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors wil} occur routinely (more than one hour per day) "Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts:. IMPACT ON PUBLIC HEALTH 17 Will Proposed Action affect public health and safety? E2NO E2YES Examples that would apply to column 2 Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any form (i.e toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 tee! ota site used for the disposal of .solid or hazardous waste Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change r] [] DYes []No ['] [] ~]Yes [[]No D [] [[]Yes []No ~ ~] DYes ~No [~ ~ J~Yes ~N~, ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No [] ~ ~Yes ~N0 10 · Construction activity would excavate or compact the soil profile of agricultural land ~ The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultuta] District, more than 25 acres of agricultura} land. · The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures leg. cause a farm field to drain poorly due to increased runoff) ,' Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? []NO ~,[S (If necessary, use the Visual EAF Addendum in Section 617.2t, Appendix B.) Examples that wquld apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding [and use patterns, whether mammade or natural: o Proposed land uses, or proiect components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. ~' Project components that will result in the elimination or significant screening of scenic views known to be important to the area.. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12, Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ~NO Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiggous to any facility or site listed on the State or National Register of historic places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. '* Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13 Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ~NO ?YES · The permanent foreclosure of a future recreational opportunity. · A maior reduction of an open space important to the community · Other impacts: 1 Small to Moderate Impact 2 3 Potential Can Impact Be Large Mitigated By Impact Project Change ~Yes ~No ~¥es ~F~Yes [~No ~¥es ~ ~Yes ~ ~Yes ~No ~ ~Ves ~No ~ ~Yes ~Ves ~o ~Yes ~e~ ~No ~Yes ~No ~Y~s ~Yes ~No 9 IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18 Will proposed action affect the character of the existing community? L~NO ~]YES Examples that wou!d apply to coiqmn 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this proiect. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of [and use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future proiects. · Proposed Action will create or eliminate employment. · Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact impact Project Change ~ [] []Yes [~No [] [] []Yes []No [] [] ~}Yes [~]No [~ [] [~]Yes [~No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No '19 Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? [ZNO E~YES If Any Action in Pad 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even ii: the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change{s). 3 Based on the information available, decide if it is reasonable to conclude that this impact is important, To answer the qnestion of importance, consider: · The probability of the impact occurring · The duration of the impact · [ts irreversibilitv, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · ]ts potential divergence from local needs and goals · Whether known objections 1o the project relate to this impact. (Continue on attachmentsl 11 ,DONALD J. ClaUSE, EASTHAMPTON ~.~ GREEHPORT (516) 324-2300 SOUTHAMPTON MATTITUCK SHELTER ISLAND (516)283-8S00 (516)298-S$00 (55~)749-0101 SHARE OURTRA1)ITIONS L j.m.o, consulting box 361 · north country road wading river, n.y. 11792 (516) 929-3575 telefax (516) 929-5621 TO whom it may concern: Please be advised That I have authorized Glenn E. Just President of J.MoO. Consulting to act as the agent on my behalf to apply for and to secure the necessary permits through your agency. Dated ~,/~ j.m.o, consulting box 361 · north country road wading river, n.y. 11792 telefax (516) 929.5309 Board o~ Town Trustees Town of Southo]d Town Hal!, 5~095 Main Road P.O. Box 728 Southold, N.Y~ Ii971 Re: Fakiris\Gusmar~ea~x~ ~' ~"' Dredgino_ Application Dear Mr~ Kujawski: As per ou? recent meeting at the above noted site enclosed please find a. copy of the "Notice of Complete Application" recently issued by the N~Y.S=D~E.G. I have also enclosed a copy of t~e "Public Notice" ~hich was issued by the U~S~D~O~A~ on July 6, ].989~ As always~ should you or any member' of the Board of Trustees have any comments or questions with regards to this application~ please do no~ hesitate in contacting this office~ Thmnk you for your continued cooperation= a r NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTICE OF COMPLETE APPLICATION Applicant: · Mr. Peter Fakiris c/o Gusmar Realty Date: July 14, 1989 13-07 37th Avenue Address: Long Island City, New York 11101 Permits applied for and application numbers Tidal Wetlands, Protection of Waters, Water Quality - UPA ~10-89-0888 Project description and location. Town/~X of Southold Countv of Suffolk The applicant proposes to dredge a 90 foot by 100 foot area surrounding an existing pier to a depth of 8 feet at mean low water; 675 cubic yards of spoil will be disposed of in an upland location at a minimum of 300 feet landward of tidal wetlands. Location: Shipyard Lane, East Marion Gardiners Bay - Glares Point SCTM 1000-35-8-5.3 [~A--coordinated review performed l~B--no coordinated review performed. 5EQR LEAD AGENCY Undetermined STATE HISTORIC PRESERVATION ACT (SHPA} DETERMINATION: (Check appropriate box} [SHPA--1 Project is not subject tb SHPA: []A--exempt permit type [] B--federal review performed. X~SHPA--2 Project will not have ai~ adverse impact and an assessment is on file. August 11, 1989 . Susan Ackerman Bldg. 40, SUNY, Rm. 219 Stony Brook, NY 11794 (516) 751-7900 TO THE APPLICANT: 1. THIS IS NOT A PERMIT 2 This is to advise you that you~ application is complete and a review has commenced, Additional information may be requested from you at a future date, if deemed necesg~ry, in order to reach a decision on your application. 3. Your project is classified M~OR Accordingly, a decision will be made within 90 days of the date of this Notice. If a public hearing is necessary, you will be notified, within 60 days and the hearing wili commence within 90 days of the date of this notice, If a hearing is held, the final decision will he mad~ within 60 days after the hearing is completed. 4 Publication of this Notice in ~ newspaper is: [] required ~xnot'required If required, please consult t~ ~ccompan¥ing transmittal letter for further instructions. Subj.,Tn. of Southol(~ CC: Chief Executive Officer Environmental Notice Bulletin, Roora ~09, 50 Wolf Road, Albany, N.Y. 12233~00~ File US~S AFPL[CANT Regulatory Branch Public NotiCe No. 13753-89-06~3-L2 Pursuant to Section ? of the Endangered Species Act (16 U.S.Co 1531) and based upon a review of the latest published version of the threatened and endangered species listing, a preliminary determination is that the activity Under consideration will not affect those species listed or their critical habitat. Based Upon a,review of the latest published version of the National Register of Hietoric Places, there are no known sites eligible for or included in the Register within the permit area. Presently unknown archeological, scientific, prehistorical or historical data may belos.t by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrators U.S. Environmental Protection Agency, under authori.ty of Section 404(b) of the Clean Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision, Pursuant to Section 307(c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1456(c)), for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone managemen~ program. By this pablic notics, we are requesting the state's concurrence with, objection tO, or waiver of the applicant's certification. No permit decision will be made until one of these actions occur, For activities within the coastal zone of New York State, the applicant's certification and accompanying information is available from, and any comments on, should be addressed to the New York State Department of State, Division of Local Government and Community S.ervlces, Coastal Management Program, 162 Washingtpn Aven~e, Albany, Ne~ Y~rk 12231 Telephone (518) 474-5063. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant has obtained or requested the following governmental authorizations for the activity under consideration: New York State Department of Environmental Conservation Tidal. Wetlands Pe rmi t Town of Southo:ld Permit It is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy ~o~ this notice. If you have any questions concerning this application, you may contact this office at t '~aphone (212) 264-3912 and ask for Mr. Michael Infurna. 2 Incls: R.M. Daniel son I. Description Of Work Colonel, Corps of Engineers 2. Drawing(s) District Engineer NANY FL-129-1 May 83 2 US Army Corps of Engineers New York District 26Federal Plaza New York, N.Y. 10278 ATTN: REGULATORY BRANCH II Public Notice In replying refer to: Public Notice NO, ]3753-89-0623-L2 Published: 6 JUL g9 Expires: 7 AUG 89 To Whom It Hay Concern: This District has received an application for a Department of the Army petit pursuant to /X7 Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403); ~ Section 404 of the Clean Water Act (33 U.S.C. 1344). APPLICANT: Peter Fakiris c/o Gusmar Realty 13-07 37th Street Long Island City, New York 11101 ACTIVITY: Dredge with ten years maintenance and upland disposal WATERWAY: Gardiners Bay LOCATION: East Harion, Suffolk County, New York A detailed description and plans of the applicant's activity are inclosed to assist in your review. The decision whet~er to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to ~ccrue from the activity must be balanced against its reasonably foreseeable detriments. Ail factors which may be relevant to the activity ~ill be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental coneerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land uss, navigation, shoreline eros/on and accretion, recreation, water supply and conservation, water quality, energy needB, safety, food production and~ in general, the needs and welfare of the people. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED ~N WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise it will be presumed that there are no objections to the activity. Any person may request, in WTiting to the district englfieer, before this public notice expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, with particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing. NANY FL-129 CENAN-OP-RE APPLICATION NO. 89-0623-L2 PUBLIC NOTICF. NO. 137~3-8~-0623~L2 DESCRIPTION OF WORK The applicant, Mr. Peter Fakiris has requested Department of the Army authorization to dredge with ten years maintenance and upland disposal in Gardiners Bay at East Marion, Suffolk County, New York for the stated purpose of maintaining an adequate depth for the applicant's recreational vessel. The work would involve the dredging of a 90 foot wide by 100 foot long area to a depth of 8 feet below mean low water, removing approximately 675 cubic yards of material. The applicant anticipates dredging 4 times over the ten year life of the permit, removing approximately 250 cubic yards per event. Dredged material from initial and subsequent dredging activities would be placed at an 1 lo tion where it would be suitably retained from 'reentering the waterway.