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HomeMy WebLinkAboutTR-4537Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. ~',~"~-~'"'/ DATE: .~;~.(4/.95 .... ISSUED TO ....... Linda. Fennimore & I~a Mot]~er Pursuant to the provisions of Chapter 615 of fha Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State o~ New York 1952; and +he SoufhoJd Town Ordinance eh- rifled "REGULATIN~ AND THE PLACIN~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC ~NDS and f~ REMOVAL OF SAND, ~RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and Jn accordance wJ~h fha Resolution of The ~oard adopted afa meeting held o. November 30 19~.5 , end 'n consideration of the sum of $ 200.00 paid by La~ham..Sand....~ Gravel. on beha~.~ L... ~Fcnnimor~. of N.Y. and subject fo the Terms and Conditions listed on +he reverse side hereof, of Soufhold Town Trustees aufhorlzes and permits the following: to construct 100' of ret~ning wall ~ong foot of bluff and a 15' return on the west side. The east side to be attached to retaining wM1 of neighbor. Approx. 200 c.y, of fill to be Existing rocks to be repos[tioned in fromt of wall. Bluff .to be all in accordance with fha detailed speciflcaHons as pre~nfed ~n , +h~ ~rlginRfing,~plicafiqn.. ....... plan~ea aha a ~u' non-:urz/non-zer~nzem buffer at top of bank IN WITNESS WHEREOF, The said Board of Trustees here- by causes ifs Corporate Seal fo be affixed, and these presents fo be subscribed by a majority of f~ sa~d Board as of +his da+=. ....................................... ................................... Albert J. Kmpski. President John Holzapfel, Vice President William G. Albertson Martin H. Gan'ell Peter Wenczel BOARD OF TOWN TRUSTEI**$ TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 COASTAL EROSION MANAGF/~E~T PER~IT Permit Number: 15-3-12 Name of Applicant/Agent: Latham Sand and Gravel Name of Permittee: Linda Fennimore & Ira Mothner Address of Permittee: 955 Soundview Road, Orient Property Located: same DESCRIPTION OF ACTIVITY: to construct a 100' of retaining wall along foot of bluff and a 15' return on the west side. The east side to be attached to proposed retain&ng wall extension of neighbor. Approx. 200 c.y. fill to be trucked in from upland source. Existing rocks to be repositioned in front of wall. Bluff to be planted to prevent further erosion and a I0' non-turf/non-fertilized buffer at top of bank. Date of permit issuance: December 4, 1995 This permit is valid for a period of two years from the date of issuance. SPECIAL CONDITIONS: Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. A relocation agreement is attached hereto and is a necessary special condition of this permit. A maintenance agreement as attached with application and is a necessary special condition of this permit. Albert J. Krupski, Jr. President, Board of Trustees Albert I. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765q823 December 4, 1995 Latham Sand & Gravel, P.O. Box 776 Orient, NY 11957 Inc. Re: Linda Fennimore & Ira Mothner SCTN ~ i5-3-12 Dear Fir. Latham: The following action was taken by the Board of Town Trustees during its regular meeting held on November 30, 1995 regarding the above matter: WHEREAS, Latham Sand & Gravel on behalf of LINDA FENNIMORE & IRA MOTHNER applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southotd, application dated October 13,1995, 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 November 30, 1995, 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 str~cture complies with the standard set forth in Chapter 37-18 of the Southold Town Code, 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 the Board of Trustees grants a Wetland Permit to Latham Sand and Gravel on behalf of LINDA FENNIMORE AND IRA M~R to construct 100' of retaining wall along foot of bluff and a i5' return on the west side. The east side to be attached to proposed retaining wall extension of neighbor. Approx. 200 c.y of fill to be trucked in from upland source. Existing rocks to be repositioned in front of walt. Bluff to be planted to prevent further erosion and a 10' non-turf/non-fertilized buffer at top of bank. and, BE IT FURT~LER RESOLVED that this determination should not be considered a determination made for any other Department or Agency which may also have an application pending for the sa~e or similar project. Permit to constr~ct project will expire two years fro~ the date it is signed if not started. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: None. Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJKtjmd cc: CAC Albert J. Kmpski, President John Holzapfel~ Vice President William G. Albenson Martin H. Gan'ell Peter Wenczel BOARD OF TOWN TRUSTF]*$ TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE E~VIRONMENT APPLICATION NO. 1000-15-3-12 Chapt. NAME: LINDA FENNIMORE Chapt. 37 DATE: Oct. 26, 1995 97 - Wetlands - Coastal Erosion RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Type: Unlisted DESCRIPTION OF ACTION: Applicant requests permit to construct t00 1.f. of retaining wall along toe of bluff with a 15' return and place 200 c.y. of clean backfill as per DEC permit dated 8/30/95 LOCATION: 955 Soundview Road, Orient REASONS SUPPORTING T~£S DETERMINATION: I. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed bythe Board of Trustees, has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. cc. CAC DEC Telephone (516) 765-1501 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Town Hall. 53095 Main Road P.O. Bo~ 1179 Southold, New York 11971 At a meeting of the Southold Town Conservation Advisory Council held Thursday, October 19, 1995 the following recommendation was made: No. 1308 Moved by Bruce Loucka, seconded by John Hagerty. it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH STIPULATIONS of the Wetland Application of LINDA FENNIMORE AND IRA MOTHNER 15-3-12 to prevent further bluff erosion and loss of property proposes to construct 100' of retaining wall to connect to the wall of Zacharious to form ,a continuous retaining wall and return to alley|ate a constant washout situation. The Council recommends approval provided applicant move wall back 15' to tie in with existing structures; to contain and help address the erosion caused by overland runoff, install a 15' non-turf buffer at the top of the bluff back toward house; regrade top edge of bluff to slope back toward house so water flows away from the bluff; and staircase should also be rebuilt. 955 Soundview Road, Orient Vote of Council: Ayes: AH Motion carried. Albert J. Kmpski, President John Holzapfel, Vice President William G. Albertson Martin H. Gan'ell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-I823 Office Use ~oastal Erosion Permit Apt .~etland Permit Application Grandfather Permit Application ~ustee Lands Permit Application ,/~ecelved Application:/~:/~J- 7~erical Review: t~t~/~J'~. , ~ompleted Appli~ation~_~ 7I ncomplet e~_~ ~ SEQRA Classifi~tion.~ - Type I Type II d~nlisted~ ~c~Aordination: {dat? s~t) C Referral Sent. 7~ate of Inspection: ! ' %~Receipt of CAC Rep~rt:!date)/~/.Ft" ~'TechnicaA Public Hearing:(date)..-~ ~cision: Approved,~Y/N) {'Mate) ~pplication Fee:$~, ~ Name of Applicant Linda Fennimore & Ira Mothner Address 955 Soundview Road Orient, NY 11957 Phone Number:(516 ) 323-1233 Suffolk County' Tax Map Number: 1000 - 015-3-12 Property Location: 955 ~oundview Rd.~ Orient - 0rient-By-The-Sea, Lot #23 Section One. (1 house West of Martin Zacharius) (provide LILCO Pole ~, distance to cross streets, and location) Agent: Latham Sand & Gravel~ Inc. (If applicable) Address: ~.0. Box 776 Orient, NY 11957 Phone: 323-2585 ~'~ ~of Trustees Applicati~~ GENERAL DATA Land Area (in square feet): 1/2 ac., approx. Area Zoning: Residential 21,780 sq. ft. Previous use of property: Intended use of property: Residential Residential Prior permits/approvals for site improvements: Agency Date to Donald Sonnenborn NYS D.E.C. previous owner NYS D.E.C. Bluff Restoration NYS D.E.C. Retaining Wall & Fill transfer 9/11/91 deed &'DEC permit 10/11/91 to Sonnenborn 9/4/93 to Fennimore lO/5/95 NOTE: 4/28/93 letter to Trustees advising change of ownership and amendment due to __No prior permits/approvals for site improvements, storm damage. Has any permit/approval ever been revoked or suspended by a governmental agency? x No Yes If yes, provide explanation: Project Description (use attachments if necessary): Permit Amendment - Construction of 100' of retaining wall along foot of bluff and a 15' return on the West side. The East side to be attached to the proposed retaining wall extension of neighbor, Martin Zacharius. Approx. 200 cu. yds. fill to be trucked in from upland source. Existing rocks to b.e repositioned in front of wall. Bluff to be planted to prevent further erosion. Board of Truste,es Appllc Ion COASTAL EROSION APPLICATION DATA Purposes of proposed activitY: Bluff Stabilization & Erosion control Are wetlands present within 75 feet of the proposed activity? x No Yes Does the project involve excavation or filling? No x Yes If Yes, how much material will be excavated? 0 How much material will be filled? 200 Manner in which material will be removed or deposited: (cubic yards) (cubic yards) Trucked Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) Prevention of further bluff erosion and loss of property~ Bluff restoration b~ placing fill and plantin$ the area has not been an effective way to control a severe erosion problem. Adjacent neighbor (Zacharius), has had more success with the portion of his property already held by retaining wall. The proposed 100' of wall will connect to the additional permitted wall of Zacharius to form a continuous retaining wall and return to alleviate a constant washout situation. 5 PROJECT I.D. NUMEER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project spbnsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME Linda Fennimore I Bluff Stabilization - Re. taining Wall SE 3, PROJECT LOCATION: Municipality Orient - County Suffolk 4. PRECISE LOCATION (Street address ane roaa ~ntersections, prominent landmarks, etc., or provide map) 955 Soundview Road, Orient, NY - Lot ~23, Orient-By-The-Sea Subdivision, Section One Tax Map ~i000-015-3-12 5. S PROPOSED ACTION: [] New [] Expailsion [] ModiRcation/aReration 6. DESCRIBE PROJECT BRIEFLY: Previous owner, Donald Sonnenborn, had permits for bluff restoration. Southold Trustees notified by .letter dated April 28, 1993 from Latham Sand & Gravel bf ~wnership transfer and reqnested modification to include additional fill. This did'not work; now propose to construct 100' re'taining wall, 15' return & 200 yds.fill. 7. AMOUNT OF LAND AFFECTED: Initiagy - acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~[~ Yes [] NO If No, describe briefly 9~ WHAT IS PRESENT LAND USE IN VIC[N[T~ OF PROJECT? [~ Resider~tial [] !ndustrial [] Commercial Describe: · Single family home on L.I. Sound [] Agriculture [~Par~Forest/Open space ~--~Of~er . DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR[ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? .- ~7~ Yes [] No If yes, list agency(s) and permil/approvals .'- NYS D.E.C. - 10/5/95, Const~ruct 100' retaining wall, 15' return, 200 cu.yds, fill Southold Town Trustees '-~- . DOES ANY ASPECT OF THE ACTIO~'~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL? J~ Yea [] No If yes, list agency name and permit/approval N.Y.S D.E.C. - 1-4738~00384/00002-0 t2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? []No Amendment to Town permit for st.orm damage I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE SEST OF MY KNOWLEDGE ~9~- - Latham Sand & Cr~vel, Inc. Applicantlsponsof name: ) Date: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this a._~,essment OVER- 1 .~ '~ ~/3oard of Trustees Applicat~ t~ County of Suffolk State of New York% DEPOSES AND AFFIRMS THAT HE/SHE IS THE~Ai~LICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS DAY OF OC~~-o~e~C ,19_~ Notary Public MARION G. LATH,AM Notary Public, State Of New York No. 52-464.9732, Suffolk Coun~ Term Expires~e-c~-~ ~--~ ~) 3 AUTHORIZATION FORM Date August 19, 1995 I, Linda Fennimore owner of property at the following location, 955 Soundview Road, Orient, NY , do hereby give Latham Sand & Gravel, Inc. authority to act in my behalf as petitloner/agen't in applying for such permits as necessary in order for work to be done at my property. Signature LATHAM & GRAVEL, INC. Main Road, P.O. Box 776, Orient. NY 11957 Office 323-2585 · FAX 323-2566 · Home 765-1988 October 13, 1995 Board of Town Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Orient--By-The-Sea properties of Linda Fennimore (previously owned by Donald Sonnenborn) and Martin Zacharius Dear Members of the Board of Trustees: We are submitting an application for an amendment to approvals for bluff restoration and erosion control for Linda Fennimore. The placement of fill and planting the area has proven to be an ineffective way of controlling the constant wash-outs which plague this bluff. As her neighbor, Martin Zacharius, has had some success with the construction of a retaining wall, Ms. Fennimore would now like to utilize this method of bluff stab±lizationo Enclosed for your review is a copy of the D.E.C. permit recently issued for this work. The delay in applying for a storm damage permit from last December's storm was due, in part, to a lack of communication between Ms. Fennimore and Mr. Zacharius. Mr. Zacharius' permit expiration has been extended because although some of the work on the stairs and bluff was started, due to a severe health problem, Mr. Zacharius was unable to financially continue. Now, as a joint effort, both Ms. Fennimore and Mr. Zacharius wish to complete the project. Thank you for your consideration. Very truly yours, C. Terry President CTL:mgl eric. Morine Construction · Dredging o Precost Cesspools o Excavating ond Lond Development Print or Type: ffi. ce use only ile ~: ermit ~: FOR TOWN OF SOUTHOLD HIGHWAY DEPARTMENT PECONtC LANE PECONIC, NEW YORK ~PERMIT & BOND APPLICATION ACCESS THROUGH TOWN OWNED PROPERTY 1) Linda Fennimore & Ira Mothner - 955 Soundview Rd., Orient Shirley Zacharius - 1055 Soundview Rd., Orient (Name of Applicant) (Address) Latham Sand & Gravel, Inc., 37725 Main Rd., P.O. Box 776, Orient (Name & Address of Contractor Involved) 15 - 3 - 12 Orient-By-The- Sea : 1OOO- i5 - 3 - 13 (Project Location) (S.C..T.M. #) northern end of Land's End Rd. : Orient 2) ~) ~) ~) (Name of Road or Town Property Involved) (Hamlet) Removing guard rail, placing approx, i00 yds. of fill at eroded beach area (Brief Job Description) to construct a temporary ramp for equipment access to beach in order to ~) 7) 8) complete the permitted retaining walls for Fennimore & Zacharius. On completion of ~ob, we will spread the fill for the Town, at our own expense, along the eroded beach area and reinstall the guard rail. St artin9 Dot e: August 1, 1996 Completion Dot e: Sept. 30, 1996 Estimated Cost of Proposed Work: Insurance Coverage: A. The coverage required to De extended to the Town: Bodily injury & Property Damage; $300,0OO/$5OO,000 Bodily Injury & $50,O00 Property Damage Insurance Company: Insurance AgenI Name & Telephone ~ Hartford Ins. Co. Roy H. Reeve Agency -Jon Shearin : 298-4700 Policy ¢~ : 12UENCQ1952 State whether policy or certification is on file with the Highway Department: Yes (If no, Provide a copy with Application) (Signature~of Applicant) (yes/no) (~ate) To be completed Dy the SuPerintendent Bond Amount ~)(~ ~ Requi red: } of H~ways: .I / (~ gnatC~re) HEW YORX STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER I-4T58-00384/00002-0 FACILITY/PROGRAM NUMBERCS) PERMIT Under the Enviroreenta[ Cor~ervation Law EFFECTIVE DATE October 5, 1995 EXPIRATION DATE(S) October 5, 1997 TYPE OF PERMIT ! New D Renewal 2 Modification ! Permit to Construct D Permit to Opera:e D D D D D Article 15, Title 5: Protection of Waters Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: Long Island Wells Article 15, Title 27: Wi[d, Scenic and Recreational Rivers 6NYCRR 608: Water Quality Certification Article 17, Titles 7, 8: SPDES D Article 19: Air Pollution Control Article 23, Title 27: Mined Land Reclamation [] Article 24: Freshwater Wetlands ! Article 25: Tidal Wetlands Article 27, Title 7; 6NYCRR 360: Solid Waste Management Article 27, Title 9; 6NYCRR 37'5: Hazardous Waste Management Article 34: Coastal Erosion Management Article 36: Floodplain 6NYCRR 380: Radiation Control Other: PERMIT ISSUED TO I TELEPHONE NUMBER I Linda Fennimore ADDRESS OF PERMITTER 955 Sourceview Road, Orient, New York 11957 CONTACT'PERSOH FOR PERMITTED WORX TELEPHONE NUMBER Latham Sand and Gravel, Inc. (516) 323-2585 NAME AND ADDREBS OF PROJECT/FACILITY Fennimore Propertyr 955 Soundview Road LOCATION OF PROJECT/FACILITY Irient, New York 11957 COUNTY Suffolk TOWN Southold WATERCOURSE L.I. Sound NYTM COORDINATES I]ESC~IPTIC~I C~F/~LJTH]~IT~r~/~TIVITY Construct 100 linear feet of retaining wall along the toe of the bluff and 15~ return, place 200 cubic yards of clean backfill. Ali work she[[ be done in accordance to plans prepared by Latham Sand and Gravel Inc. dated August 30, 1995. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: Robert A. Greene ADDRESS Bldg. 40, BUNY, Room 219, Stony Brook, NY AUTHORIZED SIGNATURE DATE October 5, 1995 11790-2356 Page 1 of 5 !nspect ior~ 'rhe permitted site or facility, including relevant records, is subject to in- spection at reasonable hours and intervals by an authorized representative of the Depar~unt of Envirormental Conservation (the Depart, cunt) to determine v~ether the permittee is ccrrplying with this permit and the R~_. E~ch represen- tat ive tray order the work suspended pursuant to R3 71-0301 and EAPA 401 {3). A copy of this permit, including all referenced maps, dra~ings and special conditions, trust be available for inspection by the Depart~unt at all timas at the project site. Failure to produce a copy of the permit upon request by a Depar~,~unt representative is a violation of this permit. Pem~it ~ and Re~e~ls 2. The Deparbl~nt reserves the right to rrodify, suspend or revoke this permit ~t~en: a) the scope of the pemqitted activity is exceeded or a Violation of any condition of the permit or provisions of the R'~ and pertinent regula- tions is feund; b) the pea'nit ~as obtained by misrepresentation or failure to disclose re levant facts; c) newrraterial info,~'ation is discovered; or d) envir~cental conditiens, relevant technology, or applicable I~v o~ regulation have material ly changed since the permit ~s issued. 3. The permittee rrust sub'nit a separate written application to the Depari~unt for rene~l, rroclification or transfer of this permit. Such application m~.t inoludel any fo~"s, .fees or supplemental info~u~tion the Depart, runt renu. ~res. Any renewal, rrndlfication or transfer granted by the Depar~'ent must be rewriting. 4. The permitteerrust sub~it a reneAal application at least: a) 180 days before expiration of permits for State Pollutant Discharge El imination Syst~n (SP[::ES), Fazardoua V~ste IVanager~nt Facilities (HEM:), major Air Pollution Control (AFC) and Solid V~ste JVanege~ent Facilities (E~F); ~ b) 30 days before expi r~t ion of al I other permit types. Unless expressly provided for by the Deparln~nt, issuance of this permit does not rmdify, supersede or rescind any order or determination perviously issued bYi the Deparl~'~'~nt or any of the te~'~, conditions or requiratunts contained in such~ order or determination. Other Legal Chi igations of Pem~ittee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all d~rages, direct or indirect, of ~atever nature and by ~uver suffer, ed, arising out of the project described in this permit and has agreed tO indeTnify and save harmless the State fr~n suits, actions, d~,~ges and costs of every r~ and description resulting fro~ this project. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted v~rl( nor does it authorize the irrpai~nt of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, eas~rents and rights-of-v~/ that nuy be requi red for this project. Page 2 of 5 95-20-6a 17/92) -- 25c ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 9 That if future 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 the State, the owner may be ordered by the Department to remove or a ter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be com- pleted, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove aH or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 10 That the State of New York shah in'no case be liable for any damage or injury to the structure or work herein authorized Which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 11 Granting of this permit does not relieve the applicant of the responsi- bility of obtaining any other permission, consent or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required, 12. All necessary precautions shall be taken to preclude contamination of any wetJand or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, Jeachate or any 25, 34 and 6 NYCRR Part 608 ( other envlronmentally deleterious materials associated with the project, 13 Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 14. There shall be no unreasonable interference with navigation by the work herein authorized. 15. If upon the expiration or revocatlon of this permJt, 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 ali or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shah be made against the State of New York on account of any such removal or alteration. 16 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. 17. All activities authorized by this permit must be in strict confdrmance- with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by on SPECIALCONDITIONS 1. The bluff shall be planted with Cape American Beach grass on i8" centers and the applicant shall ensure a minimum of 85% survival of plantings by the end of five growing seasons. If this goal is not met, the applicant shall re-evaluate the restoration project in order to determine how to meet the mitigation goal and submit plans to be approved to the Bureau of Marine Habitat Protection, Building 40 SUNY, Stony Brook, NY 11790-2356. 2. The storage of construction equipment and materials shall be confined to within the project work site and or upland areas greater than 50 linear feet from the tidal wetland boundary. 3. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. debris is permitted in ~idal wetlands and or protected buffer areas. No 4. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. 5. Ail fill shall consist of "clean" gravel and soil (not asphalt, slag, flyash, broken concrete or demolition debris). DEC PERMIT NUmBeR 1-4738-00384/00002-0 PROGRAM/FACILITY NUMBER r g"a-e 3' of 5 SPECIAL CONDITIONS 25 Tidal Wetlands ForArticle (. j 6. NO excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 7. Ail peripheral berms, cofferdamS, rock revetments, seawalls, gabions, bulkheads etc. shall be completed prior to placement of any fill material behind such structures. 8. Equipment operation below apparent high water is strictly prohibited. 9. There shali be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland or adjacent area. Supplementary Special Conditions (A) through (F) attached. DEC PERMIT NUMBER ]-4738-00384/00002-0 FACILITY ID NUMBER PROGRAM NUMBER J Page 4 of 5 SU~PLEMENTkRY SPECIAL CONDITIONS The following conditions appl~ to ell Tidal Wetlands; Freshwate= Wetlands; coastal ~rosion Ma~agement; and Wild, Scenic, Recreational Rivers Permits: A copy of this permit, including all conditions and approved plans, shall be available a= the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has bean completed. The permittee shall require t_hat any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special, and supplementary special conditions. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be t_rea=ed as a violation of t_he Environmental Conservation Law. If any of the permit conditions ere unclear, the permittee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516) 444-0365. If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submission of a new application for permit. At least 48 hours prior to conuuencement of the project, the permittee and contractor shall sign and retul-n the top portion of the enclosed notification form certifying that they are fully aware of and understand alt terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a survey. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to recommancing work in subsequent years. The granting of this pe~it 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 (516) 474-2195, which may be required for any encroacb_ment upon State-owned lands underwater. DEC Pez-mit No. 1-4738-00384/00002-0 Page 5 of $ Z ~q t.,L C,.- t~ S T 3o, l'~q~' ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF V~/TAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New~ork 11971 Fax (516) 765~1823 Telephone (516)765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer)., One copy will be returned to you in response to your request, or as an interim response. SECTION I. To: (Department or Officer, if known, that has the information you are requesting.)' RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) Print~ Name: ~LCf~ ~- ~00 ~ Address: ~-~/0%0 /~,~t//V/d.O / Mailing Address (if different from above}: Telephone Number: '-~ b~ <'Z/~ ,~ff-D Date: // / Iz//~ ] APPROVED I:~ ~,{~,.l~lt/e,i~ ] APPROVED WITH DELAY* [ ] DENIED* Elizabeth A. Neville [O~lR ~UlOlU 'Fr~m of InformatiOn~ Officer * If delayed or denied see reverse side for explanation.