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HomeMy WebLinkAboutTR-479 TOWN OF SOUTHOLD -.BOARD OF SOI]THOLD TOWN TRUSTEES SbU~.'HOLDo NEW YORK WETLANDS PERMIT ;;~,7,;,9 ...... ,,..;,-has beemgran~ed by the T0~'n Trustees according to Jo,.-.,.6,1,,8..,;.i ..... filed by Applicant WJ]Lhelm Fr,.a~_.k,,e.n ., on .Mar~h 1~ , 19 .8,.8.. A man of the proposed work w I be kent on f~Je in the Trustee Office Under the application numbe~ g yen. .......... ---... ,. Tb maintena~de d~e~lg~e 245 cm. vds~ o.f, Permit §far, ten. to (~o ~gei[oHowul~ wor~ .~ ..................... ~...~_~ ...... ~.. ;.r~ .......... ; ......... ~ ............. - ............ sand and to truck same to an upland site. ' f er ' w ' 965' Os ~ t~est Road Gre.e. nRo.r.t' Location o prop tv, on hlc~ ~vork to be done ..._; .......... P..,~.~. ?~ ....... ~ ....... ~., ......................... ~ ... Creek, Bay~ ot~ Harbor fro~ting Property ....G..u..].l....P..o._n..d. ............................................................................ "' .............. ' "' '"'- ....... .... .............. ' ' 7 '7 ............................................................................. ' ' " Size of work: Length ,,..21.12111122 ..................................................................................................... Width ........... Height Above High Water ................ Depth Below Low Water .................. 27.7.7.ZT. Ti. LL/.CTiii. ............................................... 245. cu. yds. Yards to be Excavated ................................................... ~ ................................................. Yards to be Filled .... Manner in which material is to be removed or deposited ......................................................................... r r* Residential Intended use of p ope..y ......................................................................................................................... Conditions if any .... Expiration Date ~'~""~'`~"`e~.s~"~`~",,m'~-e-~.~,e~.~"e.~-"e-~,.m.~.~j;~s"~.s~i~.~%~ ............................................ Nurr~berof Inspections Required 2]- Trustees are to be not~£~ed upon completion o~ the Inspection Fees .... .$. ~ .0. :..0..0. ..................................................................................................................... · Liability Policies in the Amount of ......................................................................................................... The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations here- under until suc~ approval has oeen obtained in writing, The failure to obtain such other approval when recuired shal subject this permit to immediate revocation by the Trustees upon receipt by the Trustees- of written notice from such other governmental or municipal authorities of its refusal or disapproval, The applicant does bv the acceotance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take ail precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant aisc agrees to indemni- fy an(] save harmfess the Town, ano its officers, agen[s and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by lJ~is permit are being conducted, do,-by the acceptance of this permit, give consent to the Town, and its officers and employees to enter upon the premises where such operations are Being conducmd to make such inspections as the Town may deem necessary to insure that such operations are being con- ducted in conformity with this permit. This. operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- ration or the natural habitat thereof. E. Increase the danger of flood and storm-tide damage. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of an',' waters. H. Weaken or undermine the lateral support of other lands in-the vicinity. Otherwise adversely affect the health, safety an, d general welfare of the people of the town. - Si_qn .' ....... - '~,~ ............... i/r.~s~d ent '".~ '", .... Board of ~outho~ · ' ,~-, /d Town. Trustees .... ..... : _L -: ....... ua~:e ......... ',~-'~r:.=.... 1.. 'I ........................... FRANK A. KUJAWSKI, JR., President TELEPHONE ALBERT J. KRUPSKI, JR.. Vice-President (516) 76~-1892 JOHN M. BREDENIEYER, HI JOHN L. BEDNOSKL JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 197t July 25, 1988 Mr. Glenn Just J.M.O. Consulting N. Country Road Wading River, New York 11791 Re: Application No. 618 - D.E.C. No. 15278-0125 Dear Mr. Just: The following action was taken by the Board of Town Trustees during their regular meeting held on July 21, 1988 regarding the above matter: WHEREAS, J.M.O. Consulting on behalf of Wilhelm Franken applied to the Southold Town Trustees for a permit under the provismons of the Wetland Ordinance of the Town of Southold, application dated March 1, 1988 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 July 21, 1988 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are f:amiliar 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 J.M.O. CONSULTING ON BEHALF OF WILHELM FRANKEN BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: Maintenance dredge ~8~9~. yds. in Gull Pond, Greenport. This permit will expzre two years from the date it is signed if work has not commenced by said date. There are two znspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as the name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. The following fees are now due and payable: $10.00 Wetland Inspection Fee Very truly yours, Frank A. Ku~ws~i, Jr. President ~ Board of Town Trustees FAK:ip cc: Commissioner~homas Jorling, D.E.C., Albany Robert A. Greene, D.E.C., Stony Brook Bldg. Dept. Army Corps of Engineers Coastal Management Town Clerk Conservation Advisory Council file FRANK A. KUJAWSKI, JR., President TELEI'HONE ALBERT J. KRUPSKI, JR., Vice-President (5161 765-1892 JOHN M. BREDEMEYER. III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD town Hall, 53095 Main Road P.O, Box 728 Southold, New York 11971 S,E.Q,R.A, NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: June 23, 1988 APPLICATION NO.: 618 NAME: J.M.O. CONSULTING FOR WILHELM FRANKEN This notice ~s issued pursuant tc the provisions of 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 prolect will not have a s~gni£icant 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 pe~,.ding for the same or similar project. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: As amended: To dredge an area 48' x 68' and to truck spoil (approximately 245 cu. yds. to an upland site.) LOCATION: 965 tsprey Nest Road, Greenport.- 1000-24-6-23&24 REASONS SUPPORTING THIS DETERMINATION: I. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. Board of Trustees - Page 2. Negative Assessment For further information please contact: Frank A. Kujawski, Jr., President Board of Town Trustees Southold Town Hall Main Road Southold, New York 11971 (516-765-1892 or 765-1932) cc: Commissioner Thomas C. Jorling, D.E.C., Albany Robert A. Greene, D.E.C., Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin., Building Dept. Planning Board Board of Appeals Town Clerk's Bulletin Board file J.M.O. Consulting on behalf of Wilhelm Franken FRANK A. KUJAWSKI, JR., President TELEPHOiNrE ALBERT ] KRUPSKI, JR.. Vice-President (516) 765-1692 JOHN M. BREDEMEYER III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Halt, 53095 Main Road P.O. Box 728 Southold, New York 11971 May 31, 1988 MI. Robert A. Greene Alternate Regional Permit Administrator New York State Dept. of Enviror~ental Conservation Bldg. 40, SUNY, Rm. 219 Stony Brook, New York 11794 Re: 618 - Wilhelm Franken by J.M.O. Consultants Dear Mr. Greene: Enclosed please find an application for the above referenced project. Please note the dredging has been reduced. We have determined that this is an unlisted action. We have declared Lead Agency on this application on May 25, 1988. May we have your written comments regarding this matter by June 13, 19887 We shall interpret a lack of response to mean there is no objection to this project by your office. Should you have any questions, please contact this office at the telephone number listed above. F/_~,ery truly yours, ank A. K~jawski, President Board of ~wn Trustees FAK:ip Attachment cc: Bldg. Dept. Planning Board Board of Appeals Town Board Town Clerk Commissioner Thomas Jorling, D.E.C., Albany Army Corps of Engineers file J.M.O. Consulting for Wilhelm Franken HENRY P. SMITH. JOHN M. BREDEMEYER. III, President TELEPHONE Jol)n Bednoski, Jr. (5].6) 765-1892 ALBERT KRUPSKI, JR., Vice-President BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 March 25, 1988 Mr. John Geideman Box 416 East Marion, New York 11939 Re: Wilhelm Franken - 1000-24-6-23&24 Dear Mr. Geideman: The following action was taken by the Board of Town Trustees during their regular meeting held on March 24, 1988 regarding the above matter. RESOLVED that the Town Trustees TABLE the application submitted by John H. Geideman on behalf of Wilhelm Franken pending receipt of aU~f~ew drawing of the proposed w(~:-~-<. Should you have any questions or concerns, please do not hesitate to contact this office at the telephone number listed above. Very truly yours, John M. Bredemeyer, III President Board of Town Trustees ~MB: ip HENRY P. SM~H, %ELEPHONE JOHN ~.BREDEMEYER, Iii, President (516~765-1892 Jonn Bednoski, Jr. "ALBERT KRUP~KI, JR., Vice-President BOARD OF' TOWN TRUSTi~ES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 March 1, 1988 Mr.-'Robert ~i. Greene Alternate Regional Permit Administrator New York State Dept. of Environmental Conservation Bldg. 40, SUNY - Room 219 Stony Brook, New York t1794 Dear Mr. Greene: -.~ Transmitted herewith is Vqetland Application No. 618 submitted by J. H. Geideman on behalf of Wilhelm Franken. We would like to coordinate with you in our role as Lead Agency r~§arding this application. May we have your comments on same by M~rch 20, 1988. lfery truly yours, John M. Bredemeyer, III President Board of Town Trustees JMB :ip Attachments cc: Commissioner Thomas Jorling, D.E.C.~ Albany Sou~hold Town Buildi~ig Dept. -. HENRY P. SMITH. TELEPHONE JOHN M. BREDEMEYER. liT, Pres. (516) 765-1892 John Bednoski, ALBE~T KRUPSKI, JR., Vice-President BOARD -OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 1, 1988 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. 618 for a Wetland Permit submitted by J. H. Geideman on behalf of Wilhelm Franken. Please prepare a written report of findings and recommendations with respect to this application. Ve~'y truly yours, John M. Bredemeyer, III President Board of Town Trustees JMB: ip Attachment HENRY P. SMITH JOHN M. BREDEMEYER, III, President TELEPHONE John Bednoski, Jr. ~516) 765-1892 ALBERT KRUPSKI, JR., Vice-President BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD town Hall, 53095 Main Road P.O. Box 728 Southotd, New York 1 t971 Date: March 1, 1988 To Whom It May Concern: Attached hereto is a Short Environmental Assessment Form submitted by J. H. Geideman on behalf of Wilhelm Franken in connection with his application to dre_dge approximately 300 cu. yds. of spoil and to fill on an upland site. This is a maintenance project. Property is located at 965 Osprey Nest Road, John M. Bredemeyer, III, Pres. Board of Town Trustees Posted: March 1, 1988 PROJECT I.D. NUMBER 617.21 S EQ R Appendix C State Environmental Quality Review SHORT ENVIRONMENTALASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION ~To be completed by Applicant or Project sponsor) ~" -~ 2. PROJECT NAME - I · PROJECT LOCATION; ~.~ 4. PRECISE LOCATION (Street addresCand road i~ersecBons, promine~landmarks, etc., or provide maD) 5. iS PROPOSED ACTION: ~New [] Expansion [] Modification/alteration 6. DESCPIBE PROJECT BRIEFLY: ~Yos [] No f No. describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [~Residential [] !ndustrlal [~] Commercial [] Agriculture ~ Park/Forest/O~e- soace [] Other . Describe: fO, DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? , ~es [~No [fyes, listagencyts, andpermitlaDDrovals /~y¢¢? ~d/b)/en~'~c~ tl~eT~.~ 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~Yes No ~f yes. hst agency name and Derm~tlaDDroval 12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~ Yes ~No I CE~IFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE 1[the action is in tho Coaatal ~roa. and ~ou state a agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II--ENVIRONMENTAL AS~SSMENT (To be corn 3leted by Agency) A. Use DOES ACTION EXCEED ANY TYPE~ ,'RRESHOLD N6 NYCRR PART 517.127 - ~ FULL ~F. Yes ~N o e. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTEE ACTIONS iN 6 NYCRR. PART 617.57 If No, a negative declaration  es [] No C. cOULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: /Answers may De handwritten, if legible) C1, Existing air auality, surface or groundwafer quality or quantity, noise levels, existing traffic Dazterns. solid waste production or disPOSal. aotentia for eros on dra nage or fooding problems? ExDtain briefly: C2. Aesthetic. agrlcunural, archaeological, historic, or other natural or cunural resources: or commumty or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threateneo or endangerea sDeGies? Explain briefly: C4. A oommunity'$[ytmg plans or goals as officially adopted, or a cnango in use or intensity of useof land or other natural resources? ~xplain briefly. C5, Growth, subsequent development, or related activities likely [o De induced by the proposed action? Exptain briefly Long term, short tar , cumulative, or other effects not identified i CI-C5? Explain briefly. C7. Other impacts (inclUding changes ~ use of either quantity or type of energyl. Explain briefly. tS TH ERE. OR I TH LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL AD\ ERSE ENVIRONMENTAL IMPACTS? ~ Yes If Yes. explain briefly PART III--DE]'ERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified alcove, determine whether it is substantial large, important or otherwise significant. Each effect should be assessed in connection with its (a) sarong &e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (t} magnitude. ~f necess~, add attachments or reference suppoding materials. Ensure.that explanations contain sufficient detail to show that all relevant adverse impacts nave been identified and adequately addressed. ~ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY ~ur. Then proceed directly to the F~LL EAF and/of prepare a positive declaration, - ~ Check this box if you have determined, based on the information ~nd analysis above and any supposing ~ ~ documentation, that the proposed act on WILL NOT result in an~ significant adverse environmenta redacts ~ AND provide on attachments as neces~a~r~F~is determination: ~ tv~a,~: Ro~d ~oA~D OF TOW~,) T~U~TF~ 2 Town Hail, 53095 Main Road P.O. Box 1179 TELEPHONE Southold. New York 11971 SOUTItOLD TOWN CONSERVATION ADVISORY COUNCIL To: Southold Town Trustees From: CAC Dated': April 19, 1988 The following recommendations were made by the CAC at their regular meeting held Thursday, April 14, 1988: No. 614 - Oyster Farm Associates by Netecl of America, Ltd. - Table until receipt of additional information. No. 615 - Bernard and Carole Kiernan - Recommend approval. No. 616 - John C. Vassil - Recommend approval. No. 617 - Janet Swanson - John Holzapfel is to contact Jay Tanski at Sea Grant for advise. Mr. Holzapfel will advise the TRustees of the CAC recommendation at the Trustees' meeting. No. 618 - Wilhelm Franken - Recommend approval. No. 619 - Daniel Ste~tner - Recommend approval with the stipulation that bulkhead is placed in kind, in place or landward. No. 620 - Roger and Dorothy Lamour - Recommend approval. No. 621 - Cedar Beach Park Associates, Inc. - Recommend approval with the stipulation that the bank slope be maintained and that the Bay Constable check the work during dredging. Recommendations on waiver requests: Kiefer - Recommend approval of waiver request Spetsiotes - Recommend approval of waiver request Pearlman - Recommend denial of waiver request Stalk - Will advise at Trustees' meeting. TELEPHONE (516~ 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. 5 3095 Main Road P.O. Box 728 Southotd, New York 1 I971 ~77- / 0 ,-~ wax ~a~ .o.__j~-~ -- ~ .- ' ~ -- t // - CREEK, BAY OR HARBOR FRONTING PROPERTY ~ ~ VA.DS ~O .E EX~AVA~.___ DOO~ ~_~'~- DISTANCE TO THE NEAREST CHANNEL /c~' 'FT. ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? ~-~ STATE OF NEW YORK DEPARTMENT OF STATE ALbANY.N.Y. 12231-000t ........ t988 Hr. B]enn E. ,lust a.N.O. Consulting P.O. Box 361 North gountPv Road ~ad~ng RiveP~ NY 11792 Re: F-88-494 U.S. Ar~ Corps of Engineers/NY Dis~. Permit Application #88-1359-L2 (Wil helm Franken) Town of Southold Dear ~r. 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 Managemen~ Program, and will De conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the projec~ information submitted, the Department of State concurs with your.consistency certification. This concurrence is without prejudice ~o, and does no~ obviate the need obtain all other applicable licenses, permits, and approvals required unoer existing State statutes. The U.S. Army Corps of Engineers is being notified of this decision Dy copy of this letter. Sincerely, George R. Stafford Director Division of Coastal Resources & Waterfront Revitalization GRS:FMB:ng cc: COE/NY District - Michael Infurna N¥S DEC Region I - Robert Greene £ Town of Southold Trustees - Frank Kujawski, :Regulatory Branch Public Notice ~o,13340'88-1359~L2 Pursuant tc Section 7 of the Endangered 5pecles Ac~ (£6 U~S.C~ 1531) and based upen a review of the latest published version of the threatened and endangered species 1/sting, a preliminary determination is chat the activity under c~ideration will not affect those species listed or their critical hablta=. Based upon a review of the latest published version of ~he National Register of Historic Places, there are no Known sites eligible for or included in the Register within the permit area. Presently unknown archeological~ scienTlfic~ prehistorical or .historical data may be lost by work accomplished under the required perm~o Reviews of activities pursuant to Section 404 of the Clean Water Ae~ will include application of the ~ldelines promulgated by zhe Administra~or, U,$~ Environmental Protection Agsncy~ under authority of Section 404(b) of the Claes Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance wits Section 401 of the Clean Water Act prior to a permit decisiom~ Pursuant ~o Sectlo~ 307(c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1456(c))~ for activities under ~onsideration that are located within the coastal zone of a sta~e which ha~ ~ federally approved coastal zone management prog~am~ the applicant has .ertified in the permit application that the activity complies with and ~ill be conducted in a manner that is consistent with the approved stare c~astal zone management program. By this p~b_ic notics~ we are requesting he state's concurrence w~th, objection to, or waiver of the applican~'s ce tification. No permit decision will be made until one of these actions ncur. For activities within the coastal zone of Ne~ York State, the app icant's certification and accompanying information is avallable from~ a~d any comments on, should be addressed ~o the New York State Department of St~e, Division of Local Government and Community Services; Coastal Management Program, 162 Washington 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 ha~ obtained or reqaested the following governmenzai authorizations for the activity under consideration: lOWn of Soutbo]d Permit New York State Department of Environmental Co~serval~on Permit It is requested that you communicate ~he foregoing information concerning the activity to a~y persons knows by you ~o be interested and who did no~ -eceive a copy of this notice. this any quos g ~- ~/ IB~Ur~ao ~ you have tlons concernin this apptica[ion,_yo~ r~aM contact :fica at t 'aph~ne (212) 264- 391~and asm for mr. m~o.~= Inels: Marion L. Csldwe]l, Jr. Oescript~on of Work Colonel, Corps of Engineers ~rawing(s) District Engineer 2 FL-i29-1 83 Public Notice US Army Corps of ~el"s In replying refer to: 26 Federal Plaza ~ublic Notice No. 13340-88-1359-L2 A33'N:R~BULATORYBRANOH Published:30, SEPT 88 Expires: 31 OCT 88 ~oWhoa It Ka~ Concern: This Dist~laC has ~ecelved an application for a Department of che petit p~rsua~t to /~// Section l0 of the Elver end Harbor Act of 1899 (33 U.S.C. 403); /~ Section ~04 of /he Clean Water Act (33 U.$.C. [3~4). APPLICANT: W~]hem F~anken 0sprey Nest Road S~eenpo~t, New Yo~k 11944 ACTIVITY: Te~ yea~ ma~te~ance d~ed~Dg w~th up]and d~sposa] WATERWAY: Gull Pond~ Shelter Island Sound LOCkTION: Greenoort, Suffolk County, New York A deCal, led descript~on and plans of /he applicant's activity are inclosed The decision %faether ~o issue a permit will be based on an evaluation of the probable !~pac£ lncludinE cumulative impacts of the activity on the public interest. That decision ~rilI reflect the national concern for both protection and utilization of important resources. The benefit which reasonably ma~ ~ expected to ~crue from the activity must be balanced aEainst its reasonably foreseeable 4etr~nts. All factors which may be relevant to the activity w~ll be considered lncludin§ the cumulative [e~eral environmental concerns~ wetlands, cultural values, fish and ~ildlife values, flood hazards, flood plain values, land use, navl[atlon, ~a/er quality, enerEy needs~ safe/y~ food production and. in ~eneral~ /he needs and welfare of the A~L COMMENTS REGARDING THE PERMIT A~PLICATION MUST BE PREPA[ED tN W[ITING Ah~ MAILED TO PdbACH THIS OFFICE BEFOKE THE EXPIRATION DATE OF TRIG NOTICE, othe~ise it ~lll tvs presumed that there are no objections to the activity. ~y person may request, in ~Triting to the district engineer, before this public aotice expires, Chat a public hearing be held :o collec~ information necessary to consider this application, Requests for ~blic hearings shall state, with particularity, the reasons %~y a public hearing should be held, ~t should ~e noted that information submitted by mail is considered just as carefully ~ the permit decision process and ~ars the same weight as that furnished at a public hearing, NA~WY FL-129 May 83 ~egulatery Branch ~u~l~c Notice ~o.15~40-88-1359~z Pursuant to Section 7 of the Endangered Species Act (i6 U.S.C. 153t) and based upon a review of the latest published version of the ~hreateaed and endangered species listimg, a preliminary determination is that the activity under consideration w/ll no= affect those species listed or their critical habitat. Based upoz a review of ~he latest published version Of the National Reglater of Historic Placea, there are no known sites eligible fur or included in the Register withim the permit area~ Presently unknown archeological~ scteutific~ prehistorical or historical data may be lost by work accomplished under the required permit. Reviews of acglvi~ias pursuant ~o Section 404 of the Clean Water act will include application of the guidelines promulgated by the Administrator, U. So Environmental Protection Agency~ under authority of Section 404(b) of the Clean Water Ac~ 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 ~o a permi~ decision. Pursuant ~o Section 307(c) of the Coastai Zone Man~gemen~ Act of 1972 as amended (16 D~S.C. 1456(c)), for activities under ,~onsideration that are located within the coastal zone of a state which hz~ s federally approved coastal zone management progFam, the applicang has ertifled iu the permit application that the ~ctivity complies with and ~ili be conducted zn a manner that ls consisten~ with the approved sta~e c natal zone management program. By this public notice~ we are requesting he state's concurrence with, objection ~o, or waiver of the applicant's ce tificatioe. No permit decision will be made until one of these actioms scur~ For activities within the coastal zone o~ New York State~ the app icant's certification and accompanying information ~s available from~ and any commemts on, should be addressed to the New Mork State Department of St~e~ Division of Local Governmedt and Community Services~ Coastal Management Program, Washington Avenue, Aibany, New York 12231 Teiephoae (5~8) 474-5063. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant has obtained or requested the fo/lowing ~overnmental authorizations for the activity under comsiderat~oa: 70wn o~ Soutbo]d Permit New York State Department of Environmental Conservation Permit It ls requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested amd who did not receive a copy of this notice° If you have any questions coecern~ng this application, ye- ~a~ contact this office at t ~eph~ne (212) 264- 3912and ask for Mr. Micbae? lnrurua. 2 Incls: Marion k. Caldwell, Jr. l. DescrlptJon of Work Colonel, Corps of Engineers 2. Drawing(s) District Engineer 2 MANY FL-129-1 May 83 ON THE WETLAND APPLICATIONS NOTICE 1S HEKEBY Gl'~c COUNTY OF 5 UFFOLK ,WILL BE HELD BY STATE OF NEW YORK THE TOWN TRUSTEES OF SOUTHOLD. NEW YORK. Editor of THE LONG ISLAND TRAVELER-WATCHMAN. '~7:30 EM.- In the matter of the a~ ;.4~35 P~quash AV~, perry is lo~g~ on 965 Osp~' Sworn to before me th~s .................... aav Or applic~ion of I.M.O. Con- ~''t ......... STATE OF NEW YORK) ) SS: ~F.F, EBy COUNTY OF SUFFOLK) Chri~%ina Contento of Mattituck, in said County, being duly sworn, says that he/she is Principal at-~ Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, ~ - published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for _3 weeks successively, commencing on the 7 day of July 19 s' ~n,~ to t~ck ~ ~: Principal Clerk 7.'34_P.M, -- i~ ~ ap~Catlon 'o.~g on Swom ta~fore me this · /~/ N. COUNTRY RD. · BOX 361 · , ~ WADING RIVER, N.Y. 11792 (516) 929-3575 May 2, 1988 Board of Town Trustees Town of Southold Town Hall, 53095 Main Road P.O. Box 728 Soughold, N.Y. 11971 Attn: Mr. Frank Kujawski Re: Application by Wilhelm Franken Dear Mr. Kujawski: Please be advised that we have revised the above noted project at the request of the Board of Trustees. Kindly note that the proposed dredging site has now been reduced to 48'x68' and moved away from the unbulkhe~d~horeline. The revised plan shall result in approximatel~ 24? c.y. of sand which shall be trucked to an upland site~-O~r disposal. I have enclosed copies of the revised site plan and section view. As always, should you or any other member of the Board of Trustees have any comments or questions whatsoever with regards to this matter, please do not hesitate in contacting this office. Sincerely, GEJ/te Enc. INSPECTION CEECK OFF SHEET In accordance with Chapter 97, Article II, Section 97-28 the Trustees may adopt a resolution directing the issuance of a permit to perform operations applied for only if it determines that such operations will not substantially: Adversely affect the wetlands of the Town. Cause damage from erosion, turbidity or siltation. Cause saltwater intrusion into the fresh water resources of the town. Adversely affect fish, shellfish or other beneficial marine organisams, aquatic wildlife and vegetation or the natural habitat thereof. · ncrease the danger of flood and storm-tide damage. Adversely affect navigation on tidal waters or the Tidal flow of the tidal waters of the town. Change the course of any channel or the natural movement or flow of any waters. Weaken or undermine the lateral support of other lands in the vicinity. Otherwise adversely affect the health, safety and general welfare of the people of the town. FLOOD PLAIN REVIEW: CONSERVATION ADVISORY COUNCIL COMMENTS: REVIEW OF ASSESSMENT FORM: L,'"' ~ IP N. COUNTRY RD. · BOX 361 WADING RIVER, N.Y. 11792 (516) 929-3575 Town of 3outhoZd P.O. Box 728 Re: ~e~Zanda dppZLcaeLon a~ove noted a??Zkca4Lon., fLndi~ no4e that aZZ ~ep4ha ahown on ove~ to t~e poLn~ ~ha~ he La una~ie 4o ~rLn~ ~La ~oa4 Lnto ~uii Pond ve~ nea~ ~a4u~e and uoa~ LmmedLate a~4e..n~Lon ~o April 8, ~988 Southold Town Trustees P.O.Box 728 Southold, N.Y. 1t971 TO WHOM IT M~Y CONCERN: Please let this letter serve as authorization for Mr. Glen Just,vo apply for the necessary approvals regarding the dredging permit for 965 Osprey Nest Rd~ Greenpor~ ~ on my behalf, g ?~' ~ry tru~ ~ .~helm Franken Z 965 Osprey Nest Road P.O.Box 728 Greenport, N.Y. 119&1 February 29, 1988 Mr. John Bredemeyer~ Chairman Board of Trustees Southold Town Re: Application for Dredging at Gull Pond - Osprey Nest Road Inlet Dear Sir, Enclosed are copies of main~enance dredging permits and a plan that shows in red an area that needs attention as soon as possible to prevent a loss of entry ko an existin~ dock for a pleasure craft. The intent is to provide for use of the area shown for boat traffic that has always accomodated my boat and which is silting up ay a very rapid rate. My existing permit from the D.E.C. and Army expires in Sept. 1988. There is an availability for marine services at presen~ to dredge a max~aum of 400 yards which will be removed by clamshell and barge by Latham Contracting Corp. Please be advised that this is a requesv for a permit ko proceed with this operation. The necessary forms to obtain this permit will be filed by my agent, Mr. J. Geideman, a licensed N.Y.S. land surveyor. The use of my boat is being restricted by this condition~ therefore, I would appreciate your attention and any help that would make an early start possible. 965 Osprey Nest Road Greenport~ N.Y. Area involved - 4'x 20'x 100' - 300 cubic yards i(depth by sounding) DIrpAMMENT OF THE ARMY 19~8 Application dated: 7 October 1977 tocatton:'In Gull Pond~ Shelter Island Souna at Stifling, Tow~ of Southold, Suffolk County~ New.York Fermit da~md: 14 March 1978 }ir. B~raa rd Kap lar~ t4. Daw~ DriVe " Cem~ereach, Ne~ York 11720 Reference iS imvited to comdtion (n) of the Notice of the dates, of commencement and completion of the work should be ~n~ to .the District Em~meer, U~S. ~my Engineer District. New ~ork~ Plmmse dim~la~ the l~losed Notice of Authorizatt~ in a place at the 8i~e of the ~rk. ~f'~y ~terial c~ges in the location or plans of the work are found re~m~ plus should be su~itted pro~t~o the District ~gineer to the em~ that tAese revL.~d pl~, if foumd u~Je~iSnable fr~ the st~dpo~mt of t~ ~bitc trite:alt, m7 receive the approval requlred by Law before o~l~ th~eun~r are ~ i er yours, 2. NO~i~ ~f Aut~zation ~::.:?' 14 March 1978 ~.::~::-.., Effective Date DEPAR~ENT OF THE AR~ .~ ~ork 11720 ~1t b~ placed ~ the pro~y and suitably ratained to p r~ve~ .... turn ~ T~ propped work is r~ired ~utt Pbn~~, Shelter IS~d Sold ~o.~.) . 1522-15 (Shelter islud Sold - Kaplan, Bemard - .~aintenance Dredging) . '~?:~li~t wi~h applicable '.~,~t~r qual~' ~ta~:~n~. effluent s~s , .~'~ ~e~r~ ~i~ p~nt ~o ~o~ 30~, . ' ;'~' .. ¢~ T~t w~. th~ ~ti~W auth~l~ hecein .in~l~s a ~lm¢~ ~ ~osi~ of dre~ or hit ~ter~al rote n~*~e v~. j. ~ ~'~ ~ ~ ~r~ ~ ~ ~l ~ ~n ~n. ~ a fi~i~ ~ ~ Di~r~ E~ that ~ ~ o~ ~ m ~ ~ ~ ~ ~ ~e~ ~ ~ the D~.E~ COUNTY OF SUFFOLK ) STATE OF NEW YORK )SS: in completing this applicatio~ hereb~ze the Trusteesj agent or representative to e~ter~onto~y~r~"proper~y to inspect the premises in conjunction with~ev, ication. DAY oF LINDA J. COOPER Notary Public, S~te of EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 ~ CENAN-OP-RE APPLiCATiON NO. 88-1395-L2 PUBLIC NOTICE NO. 13340-88-1359-L2 ~DESCRIPTION OF WORK The ,:app)jcant,i Wilhem Franken, requests Department of the Army authpriza~ion:t6~redg~ w~th ten years maintenance in Gull .~ond, Shelter ISla~d~ rSoond'' at~ Gfeenpof~, Suffolk County, .New York for the stated purpos.e Qf mai~n~6ihing adequate depths for mooring The ~or~k wo~ld i.nvo.ve the dredging of a 48 foot wide by 68 foot long area i~ fnon~ e~ :an ek~s~ing bulkhea~ to a depth of -6 feet mean low ~ate~, removi. Q§.~pproximately 245 cubic yards of material. The applicant anti[~p~teS d~e~ging tWelVe during the life of the permit, ~emoving ~pp~o~i~ate)y 18~ cubic.~ ~ards per event. All dredged material ~from i~i~iell a~di,~u~gquent dredging activities would be placed in an upland site, ~here;q!~W~u]'d be~suitably retained from reentering ~e waterway.~ ,,,v .,-~,,..,. '~%',',~d¢0~¢-'-_~ ::~ SHEET OF2 O.M.O. CON3ULTING-'WA D}NG RIVER,