HomeMy WebLinkAboutTR-4402 -•`�✓` '�11102
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1 Board Of Southold -Town ,Trustees
SOUTHOLD, NEW YORK
PERMIT NO. 14 q 0 cZ DATE: 3/30/95
ISSUED TO AQUA FOODS PROPERTIES LTD. , PARTNERSHIP"
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 -.
�I 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 LANDS and the
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM jA
LANDS UNDER TOWN WATERS;" and in accordance with the II
sj a� }
Resolution of The Board adopted at a meeting held on 3/30/95
=A �� 19 95 , and in consideration, of the sum of $ 150.00 -paid by h „
En7con5ul.tants• Inc, , for AQUA FOODS
of East Marion N. Y. and subject to the
Terms and Conditions listed on the 'reverse side hereof,
;a of Southold Town Trustees authorizes andermits the following: r ,
To replace (within 18") 1,438 If. ,of exist. timber blkhd, imaint. �;. �•
.dredge 228+/-' (max.) X 245+/-' (max. ) basin & 50+/-' X 179+/-'`v
of channel to a max. depth of 7' below ALW, approx. 3,000cy of'k
resultant spoil will be used both for backfill & temp. deposited i '
1'open all in accordance with the detailed specifications as presented in
field the originating application. to east of channel prev. used as spox S�
i site, & spoil deposited in stated location will be removed and depc�
at approveIN WITNESS WHEREOF, The said Board of Trustees here-
uplankly causes its Corporate Seal to be affixed, and these'presents to
site be subscribed by a majority of the said Board as of this date. ' �w
WITHIN 60 D & Contact Bay Cqnstables to do, s undings
multi-ye � 0L maintenan �k 1 :,
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PAR77VERS141P 01/GREEAlPQA-r
PARBOR Ai GRF,4WPOR7;SUFFOIK,NY
��f -
Albert J. Krupski,President �� G2 Town Hall
John Holzapfel,Vice President c 53095 Main Road
William G. Albertson s P.O. Box 1179
Martin H. Garrell y • �� Southold,New York 11971
Peter Wenczel �oj �►ao Telephone (516)765-1892
Fax (516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
March 30, 1995, 1995
Roy Haje
En-Consultants Inc.
1329 North Sea Road
Southampton NY 11968
Re: AQUA FOODS PROPERTIES LTD. , PARTNERSHIP
SCTM 038-7-7.1
Dear Mr. Haje,
The following action was taken by the Board of Town Trustees
during its regular meeting held on March 30, 1995 regarding the
above matter:
WHEREAS, En-Consultants Inc. , on behalf of AQUA FOODS
PROPERTIES, LTD, PARTNERSHIP, applied to the Southold Town
Trustees for a permit under the provisions of the Wetland
Ordinance of the Town of Southold, application dated October 13,-
1994,
3;1994, 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 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 structure complies with the standard set- forth in
Chapter 37-18 of the Southold Town Code, which will be listed on
a separate page, and,
�A
u`
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 approves the 'application of
AQUA FOODS PROPERTIES LTD. , PARTNERSHIP, to replace (within 18").
1,4J8 l.f. of existing timber bulkhead, maintenance dredge
228+/-' (max. ) X 245+/- ' (max. ) basin and 50+/-' X 179+/- '
of channel to a max. depth of 7' below ALW. � Approx. 3 ,000
c.y. of resultant spoil will be used both for backfill and
temporarily deposited in open field to east of channel
previously used as spoil site, and spoil deposited in stated
location will be removed and deposited at approved upland site
WITHIN 60 DAYS. Also applicant must contact Bay Constables to
do soundings. A multi-year maintenanc pe mit S.
Von / G d �-ac o.� k-m -( LOT
Permit to construct project will expire two yearand
the date
it is signed. Fees must be paid, if applicableermit
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,
aa"4� �• s ° g•
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/djh
cc. CAC
--Y,-
ENVIRONMENTAL
SERVICES:MA:R3:0:19q5
OL.
EN-CONSULTANTS, INC.
1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360
FAX NO. 516-283-6136
March 15, 1995
Board of Trustees
Town of Southold
53095 Main Road
Southold, NY 11971
RE: AOUAFOOD PROPERTIES LTD
Dear Trustees :
Enclosed, please find revised project plans depicting the
limit of the proposed maintenance dredging to 7 ' below
apparent low water.
After speaking today with a neighboring resident, Mr.
Edler, I believe the fears of concerned neighbors have
been assuaged. ' However, he indicated that he had not yet
spoken with Robert Muir but hopes to do so by Thursday ' s
meeting.
Resp-e`ctf y yours,
r� -
Robert E. H rrmann
Environmental Analyst
Enclosures
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EAST MARION
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3 A1LS06JECT,8j1aq-ADSECI7ONS (F&il/ND)f,47�-D
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EN-CONSULTANTS, INC. TOWL 0r 30UT M'
1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360
FAX NO. 516-283-6136
January 24, 1995
Board of Trustees
Town of Southold
53095 Main Road
Southold, New York 11971
RE: AOUAFOOD PROPERTIES LIMITED
Dear Trustees:
As requested during your regular meeting of December 22,
1994, please find enclosed correspondence from the
Suffolk County Department of Health documenting the re-
moval of (3) fuel tanks and a copy of a revised survey
indicating existing elevations in the area of the pro-
posed spoil site.
Respectful yours,
o ert E. rrmann
Environmental Analyst
RH:KD
Enclosures
-" SlJ- . _ILK COUNTY DEPARTMENT OF HEALlr,-JERVICES
INDUSTRIAL WASTE AND HAZARDOUS MATERI,,LS CONTROL
15 HORSEBLOCK PLACE, FARMINGVILLE, I• Y. 11738
(516) 451-4633
NAME OF OWNER/ C 'L
FACILITY OFFICER JI; ; C A
COMPANY t. j S -r-
NAME CONTACT
PLANT
ADDRESS VILLAGE f I O TOWN ZIP
MAILING
ADDRESS
NO SEWAGE - PUBLIC
DATE ' TIME ORIG. PERIODIC RE. WASTE WA IE H&H SYSTEM PRIVATE
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18-234:8/84
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ROBERT F . MUIR
2850 GILLETTE DRIVE
EAST MARION , NY 11939
JANUARY 24 , 1995 L/7
Trustees , Town of Southold
Subject: Aquafood Property Limited Partnership request
permission to dredge property located Shipyard
Lane , East Marion , NY .
Gentlemen:
I am concerned as to the possible damaging of our water
supply in the immediate area of Gillette Drive and Cleaves Point
Road . At the present time all of the residents are dependent
upon private wells for our water supply for both drinkifig; and
general household use .
There was a considerable incursion of salt into our supply
as a result of the " no name " storm on December 11 , 1991 . We were
forced to move our well point about 85 feet to the north in order
to obtain quality water and we are approximately 350 feet from
the bay . The residents on the bay are having severe problems
with no place to move their well points .
We realize that this is a request to renew a dredging permit
that was issued in the 1980 's . To the best of anyone 's
recollection , even after the permit was granted , there was no
major dredging in the basin area . What dredging took place was ,
at the entrance to the cut . We protested the dredging and� the
placing of the spoil on upland areas with a petition signed; by
more than 40 property owners with the resulting decisionto
postpone that type of dredging .
It should also be remembered that twelve or more years ago
there was not the environmental awareness that there is today', and
now we have stricter guidelines and many more studies at to the
potential damage such dredging could cause - especially to a
depth of 10 feet . It should also be noted that there are more
year around homes as well as summer homes in the affected area .
We suggest that further investigation be made of , any
potential change in the water contour curve and what the
potential problems to the surrounding area before any significant
dredging be allowed .
Our water supply is marginal at the moment - any further
deterioration would be disastrous .
Thank you for your attention to this serious matter .
Very truly yours ,
Albert J. Krupski,President M p�► OG Town Hall
John Holzapfel, Vice President =� y1 53095 Main Road
William G. Albertson i y = P.O. Box 1179 '
Martin H. Garrell O Southold, New York 11971
Peter Wenczel 4,- a0� Telephone (516) 765-1892
1 Fax (516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
S.E.Q.R.A.
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE, ENVIRONMENT
APPLICATION NO. 1000-38-7-7. 1 Chapt. 97 - Wetlands
NAME:AQUA FOOD PROPERTIES Chapt. 37 - Coastal Erosion
DATE: December 22, '1994
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: I
DESCRIPTION OF ACTION: Applicant requests permit to replace (within
1811 ) 1,505+ l.f. of existing timber bulkhead. Maintenance dredge
228 '+/- (max. ) X 245-'+/- (max. ) basin and 50 '+/- X 1791+/-
channel to a max. depth of' 101 below ALW. Approx. 3,800 c.y.
of resultant spoil will be used both for backfill and temporarily
deposited in open field to east of channel previously used as spoil
site. Spoil deposited in stated location will be removed and
deposited at approved upland source. Basin and channel previously
maintenance dredged to -10 ' ALW pursuant to NYSDEC Permit Nos.
TW 15278-0156 SP and 1-4738-00728•. Multi-year maintenance
permit requested. Located 2835 Shipyard Lane, East Marion.
LOCATION: SCTM #1000-38-7-7.1
REASONS SUPPORTING THIS DETERMINATION:
1. An on site inspection has been conducted by the Board of
Trustees.
2. An environmental assessment, submitted by the applicant and
reviewed and completed by the Board of Trustees, has indicated that
tV
no significant adverse effects to the environment are likely to occur
should the following mitigation measures be implemented.
CC. CAC
DEC
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ENVIRONMENTAL
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EN-CONSULTANTS, INC. T®
1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360
FAX NO. 516-283-6136
November 17 , 1994
Board of Trustees
Town of Southold
53095 Main Street
Southold, NY 11971
RE: DREDGING BY AQUAFOOD PROPERTIES
Dear Trustees:
The project plans for the above referenced project have
been revised in accordance with recommendations made by
the NYSDEC; two copies are attached herewith. You will
note that the limit of dredging in the northeast corner
of the boat basin has been reduced.
Additionally, there were two errors involving the
depiction of adjacent property owners on the original
plan; these have been corrected.
Res ectfu - yours,
a '
Ro rt E. H rmann
Environmental Analyst
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EN-CONSULTANTS, INC.
1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360
FAX NO. 516-283-6136
November 15, 1994
Board of Trustees
Town of Southold
53095 Main Street
Southold, NY 11971
RE: DREDGING BY AOUAFOOD PROPERTIES
Dear Trustees :
I understand that owners of properties adjacent to the
Aquafood property are concerned about saltwater intrusion
resulLing from Lhe proposed dredging to ten feet.
The subject basin and channel have been dredged to a
maximum depth of ten feet below low water twice during
the last fifteen years . The work was done in the early
1980 ' s pursuant to NYSDEC Permit TW 15278-0156 SP and
Army Corps of Engineers Permit 11745, and again in 1992
pursuant to NYSDEC and Town of Southold Trustees
emergency storm damage permits 1-4738-00728 and E38-7-
7 . 1 , respectively. Copies of these permits are attached
herewith.
Local well water was unaffected by this dredging in the
past and will remain unaffected in the present for the
reasons described below.
Groundwater near the Long Island shores flows from the
upland toward the sea and into marine surface waters
(Figure 1 ) . Below the surface, near the head of such
saltwater bodies, exists a saltwater interface, the
approximate boundary between outflowing aquifers and
seawater.
The basin and channel to be dredged exist seaward of this
saltwater interface. Therefore, deepening them could
have no affect on the fresh groundwater aquifer and
associated wells located further landward.
Still, for argument ' s sake, suppose that the basin was
located landward of the saltwater interface and its
bottom was still at a higher elevation than the water
table. In this case, deepening the basin- bottom would
penetrate the underlying water table. However, because
the Upper Glacial Aquifer is unconfined, salts from the
sea water in the basin would already have leached down
into groundwater, regardless of basin depth.
In either case, the contamination `of fresh groundwater by
saltwater at the land-sea interface does not affect
upcurrent groundwater or the wells that draw from it
because the groundwater has already flowed past the
upland wells and is flowing into the sea. The seaward
outflow of groundwater prevents saltwater from flowing
upland against the aquifer' s hydrostatic pressure.
We believe the subject property to be a case study of
these principles since well water was not affected by the
dredging in the early 1980 ' s or in 1992 .
I have attached an additional figure (Figure 2) to depict
how saltwater intrusion can occur near the shore . You
will note that the overpumping or overdrafting of a well
causes drawdown of the water table, which in turn induces
the landward migration of the saltwater interface (Figure
2) . This is a completely different scenario from the
dredging proposed at this site and has no relevance to
our application.
RespectfkHrmann
ours,
Robert E
EnvironmentalAnalyst
Attachments
p
W
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cc >
NORTH C7 o SOUTH
FEET ¢ w
400 O_ Q SHALLOW GROUND—
O 3 WATER SUBSYSTEM
WATER W
TABLE
200 CC South
Long Island Oyster
SEA Sound II f I • I� •• �,. Bay ATLANTIC OCEAN
LEVEL f `'•UPPER GLACIAL AQUIFER;'::
200
:':
400to
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::•
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600 �'';MAGOTHY'
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-!AQUIFER
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1000-
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BEDROCK ARITAN
1200 CONFINING
EXPLANATION a UNIT
1400— (�'�
LLOYD
r SALTY GROUND WATER AQUIFER
1600 40 EQUIPOTENTIAL LINE, IN FEET
ABOVE SEA LEVEL
1800
►--INFERRED PATH OF GROUND- \ �'
WATER FLOW
2000-
0 1 2 3 4 MILES
� . 0 .,
2200 0 1 2 3 4 KILOMETERS
Note: Position of the saltwater
(Scale is approximate)
interface is estimated
2400
Vertical scale greatly exaggerated
Figure 1.--Generalized flow Lines in the ground-water system of Long Island
under natural (predevelopment) conditions. (Modified from
Reilly, Buxton, Franke, and Wait, 1983, fig. 4.)
Major Irrigation well Figure 2 Saltwater Intrusion
� � , � ,� along a coastal region.When the
r,
41,
E +hr _ - water table is lowered from over-
---- - ------------------------ Well contaminatedF- pumping,the normal Interface
+ + + with salt water (dotted line)between fresh and
Water table
Sea level , ,,;,�.'.,;r saline groundwater moves inland
,"
,,,,, ..;. �.sz:��=;� �,4%. • (solid line).
g:'iC`�`i.i WJ",ie• �„ .�•w�^ it'a i`• 'S
Fresh groundwater ';,8awatef; .,u;•y ,z lt.:', .
aquifer K .L.,. ±s} yj,�.• ,
` h ,7
d",
r
Interface t' �; *;; '• ti <
Saltwater Intrusion, Normal Interface
TRUSTEES
SUPERVISOR
John M. BredeMeyt:r, 111, President
Albert J. Krupski, Jr., Vice PresidentSCOTT L. HARRIS
Henry P Smith
Ithillms Town Hall
John B. '
William G. Albertsonr 53095 Main Road
P.O. Box 1179
Telephone (516) 765-1892 Southold, New York 11971
Fax(516) 765-1823 -BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
r,C)ASTAL EROSION HAZARD AREA
AND
TOWN WETLAND
EMERGENCY AUTHORIZATION(S)
APPlication No.SCTM
Name: A0,Lr4LPctrk %
Date: December 21, 1992 c_
RESOLVED that Pursuant to the Town Code in relation to Coastal
Erosion Hazard Areas, Chapter 37, Section 20, 21 and Town Code
Chapter 97, Wetlands, the Southold Town Trustees, as
Administrator, have determined that the activities Proposed by
your emergency activity request are necessary to protect
property and important coastal natural resources.
DESCRIPTION OF ACTION:
r" 4-2^ n I
oci LOW
C- �Vv\ c PEK rte 4
is
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Reasons supporting this determination!
1 . An on site inspection has been conducted by the board of
Trustees or their authorized representative.
2. The Trustees have considered the emergency request and find
that if the work is not Completed as authorized and measurable
loss Of Property and important coastal natural resources is
likely to occur.
This authorization is not a permit.
Coastal Erosion and wetland permit Pr YOU must Complete the
oce5s where applicable for
all authorizations given under this section.
This authorization should not be considered a determination made
for any other department or agency.
mos+ �'Autv\ Ao ��'c
66. agul
p -4f
pit
�.�N10
M_
AVV-
7
I r
Board Of Southold Town Trustees
} ti SOUTHOLD, NEW YORK
PERMIT NO.' DATE-
ISSUED TO
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 LANDS and the
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
ri LANDS UNDER TOWN WATERS;" and in accordance with the
Resolution of The Board adopted at a meeting held on 1_)4
14
19 and in consideration of the sum of $ JN(,vvFA paid 6y
of Ets 7 N. Y. and subject to the
Terms and Conditions listed on the reverse side hereof,
of Southold Town Trustees authorizes and permits the following:
CIM cv_i eA
XIL VIZIJ 1CL 11�
all in accordance with the detailed specifications as presented in
the originating application.
IN WITNESS WHEREOF, The said Board of Trustees here-
6y causes its Corporate Seal to 6e affixed, and these presents to
be subscribed by a majority of the said Board as of this date.
;2.
sol ��
it
. ..... . . .... ... ................
Trustees
ILL-
1�7
J3
NOW
e I
Consultant -01�t4�sxej L-"-A"-3'C6
Project Name 56-vN--e_
SCMI #1000- 7-�• I
Date I9
The Southold Southold Town�rustee office has det ned that your
application for a . oastal erosion eland is
non-jurisdictional/incomplete, please consider the following
information in this regard for any required return submission:
Trustee epres'bntative
CC -B-Ui-ldi4Ig-DErpt-.
d oAppe-d-ls
Plannina
This notice makes no claim with respect to other jurisdictions
within or outside the Town of Southold with respect to permits,
permission required.
4/92
TRUSTEES �?' {'• t %r.t'� 9 SCOTT L. HARRIS
John M. Bredemeyer, III, President r�'�' '��• '' , Supervisor
Henry P. Smith, Vice President
Albert J. Krupski, Jr. -� y Town Hall, 53095 Main Roar
John L. Bednoski, Jr. P.O. Box 1179
John B. Tuthill
BOARD OF TOWN TRUSTEES Fax (5 6 8
) 765 23
xSouthold, 971
Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800
GRANDFATHER APPLICATION
1. Name of Applicant: 4 U a-t—c r 1-) rl)t'rFj/ S
C'
2. Mailing address: ..�, F }11 U L I4p1 L
Tel. No:
3 . Address of Property: ,2.1' 3 S N r r'` ljt-' 1)
4. Tax Map Number: 1000- %- % / Approx.yr.of construct: le"y/
5 . Prior owner if known: L C 0f- /,4/1 J C-' S 1 fle/ �;.yl��//�S �/( `C•_
6. Diagram of existing structures, including all dimensions, must be
included with this application:
7 . Indicate on attached map: Location, ie; reference point, telephone
Pole number, adjacent property owners, etc.
Signature of applicant• �� �+-�� �(L- ti Date: 17 LI ?•
* Please note, there is one time fee of $50 . 00 for filing this
application.
New York State Department of Environmental Conservaticn,
-Building 40—SUNY, Stony Brook, New York 11790-2356 Am
(516) 751-1389
FAX (516) 751-3839
Thomas C. Jorling
Commissioner
April 13 , 1993
Dear Permittee:
A permanent identification number has been assigned to the
permit which authorizes you to repair damage resulting from the
December, 1992, Nor easter. The new number is shown on the
Notice of Receipt of Application. Please refer to this number in
any future correspondence regarding your permit.
If you have any questions or require assistance regarding
your permit, please contact the person whose name appears on the
Notice of Receipt of Application.
Thank you.
Very truly yours,
Robert A. Greene
Regional Permit Administrator
Region One
RAG/rw
`�Printed on recycled paper
95.3Ub i10 901-'5, NEV' '^tK STATE DEPART,NtENT OF ENVIRON:AtE%TAL CON•5ERVATION
DEC PERMIT NU%113FR, Am
EFFEC't7EAIE
FACILITY.PROCRAM NUMBERW PERMIT EXPIRATION: DATIf
Under the Environmental Conservation Law (ECL)
TYPE OF PERMIT(Check All Applicable Boxes)
®New QRenewai ❑Modification ❑Permit to Construct QPermit to Operate
Article 15, Title
: Article Article 27,
Protection of Water Q SPOES 17, Titles T, 8: a Hazardous Wal 3.
Waste Management
Article 15, Title 15: Article 19: Article 34:
Water Supply Air Pollution Control C Coastal Erosion Management
Article 15, Title 15: Article 23, Title 27: Article 36:
Water Transport Mined Land Reclamation Floodplain Management
Article 15, Title
Article 24:
LonS�g Island WellsFreshwater eshwar Wetlands �J 6NYCRR 13 0�: Radiation Control
Article 15, Title 27: % Article 25: Other:
Wild, Scenic and Recreational Q Tidal Wetlands
Rivers Article 27, Title 7; 6NYCRR 360:
6NYCRR 608: Solid Waste Management
Water Quality Certification
PERMIT ISSUE TO I TELEPHONE NUMBER
G'1�d �r+t� �t'n ��,r`�`'i��r 1-7-P� ,e►—s�i�" c
ADDRESS OF P MITTEE
CONTACT PERFOR PtSONITTED WORK / TELEPHONE NUMBER
NAME AND ADDRESS OF PROJECT FACILITY r `
�/
LOCATION OF PROJECTiFACILITY / y�
CO TY�/� TOWN WATERCOURSE:WETLANO NO^— NYT�I COORDINATES
r✓ /'T"�M— V X �,' ~01V�f 1,L!y-I E: N•a _
DESCRIPTION OF AUTHORIZED ACTIVITY
Remove and replace in the same confi uration-3�q O linear feet of existing damaged
bulkhead and place3 /Q0 cu. yds. of backfill. W eh-- �'/W ia
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 Reverse Side)and any Special
Conditions included as part of this permit.
e conal
PERMIT ADMINISTRATOR ADDRESS Regulatory Affairs — Region One, Bldg. 40 SUNY
Robert A. Green Stony Brook N.Y. 11790-2356
AUTHORIZED SIGNATURE DATE
=�- u�C /Z -a ) 2 Page 1 of
i
GENERAL CONDITIONS
Inspections
1. The permitted site or facility, including relevant records, is subject to inspection at reasonable hours
and intervals by an authorized representative of the Department of Environmental Conservation (the
Department) to determine whether the permittee is complying with this permit and the ECL Such
representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). A copy of
this permit, including all referenced maps, drawings and special conditions, must be available for
inspection by the Department at all times at the project site. Failure to produce a copy of the permit
upon request by a Department representative is a violation of this permit.
Permit Changes and Renewals
2. The Department reserves the right to modify, suspend or revoke this permit when:
a) the scope of the permitted activity is exceeded or a violation of any condition of the permit
or provisions of the ECL and pertinent regulations is found;
b) the permit was obtained by misrepresentation or failure to disclose relevant facts;
c) new material information is discovered; or
d) environmental conditions, relevant technology, or applicable law or regulation have materially
changed since the permit was issued.
3. The permittee must submit a separate written application to the Department for renewal, modifica-
tion or transfer of this permit. Such application must include any forms, fees or supplemental infor-
mation the Department requires. Any renewal, modification or transfer granted by the Department
must be in writing.
4. The permittee must submit a renewal application at least:
a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPOES),
Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid
Waste Management Facilities (SWMF); and
b) 30 days before expiration of all other permit types.
5. Unless expressly provided for by the Department, issuance of this permit does not modify, supersede
or rescind any order or determination previously issued by the Department or any of the terms, con-
ditions or requirements contained in such order or determination.
10ther Legal Obligations of Permittee
6. The permittee has accepted expressly, by the execution of the application,the full legal responsibili-
ty for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of
the project described in this permit and has agreed to indemnify and save harmless the State from
suits, actions, damages and costs of every name and description resulting from this project.
7. This permit does not convey to the permittee any right to trespass upon the lands or interfere with
the riparian rights of others in order to perform the permitted work nor does it authorize the impair-
ment 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, easements and rights-
of-way that may be required for this project.
0 Page 2 of 6
95.70-13a X1MM-25c
'ADDITIONAL GENERAL• CONDITIONS FO TICLES 15 (Title 5), 24, 25, 34, 36 and 6 tiYCRR 608( )
9 That it future opefations by the State or New York require an al- other emironm_.-.__'.Iv deleterious materials associated with the
teration in the position of the structure or work herein authorized,or project
if, in the opinion of the Department or Environmental Conservation 13 Any material dredged in the prosecution of the work herein permitted
it shall cause unreasonable obstruction to the free navigation or said shall be removed evenly,without leaving large refuse piles,ridges across
waters or flood flows or endanger the health, safety or welfare of the bed or a waterway or floodplain or deep holes that may have a
the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of
resources of the State,the owner may be ordered by the Department to a waterway
remove or alter the structural work, obstructions, or hazards caused 14 There shall be no unreasonable interference with navigation by the work
thereby without expense to the State, and if, upon the expiration or herein au-horized
revocation or this permit, the structLre, rill, excavation, or other 15 If upon the expiration or revocation of this permit,,he project hereby
modification of the watercourse hereby authorized shall not be com- authorized has not been completed,the applicant shall,without expense
pleted, the owners, shall, without expense to the State, and to such to the State, and to such extent and in such time and manner as the
extent and in such time and manner as the Department of Environmental Department of Environmental Conservation may require,remove all or
Conservation may require,remove all or any portion or the uncompleted any portion of the uncompleted structure or fill and restore the site
structure or fill and restore to its former condition the navigable to its former condition No claim shall be made against the State of
and flood capacity of the watercourse No claim shall be made against New York on account of any such removal or alteration.
the State of New York on account of any such removal or alteration. 16 If granted under Article 36, this permit does not signify in any way
10 That the State of New York shall in no case be liable for any damage that the project will be free from flooding.
or injury to the structure or work herein authorized which may be caused 17 If granted under 6 NYCRR Part 608. the NYS Department of Environ-
by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not
conservation or improvement of navigation,or for other purposes,and contravene effluent limitations or other limitations or standards under
no claim or right to compensation shall accrue from any such damage. Sections 301, 302, 303. 306 and 307 of the Clean Water Act of 1977
11 Granting of this permit does not relieve the applicant of the responsi- (PL 95-217)provided that all of the conditions listed herein are met.
bility of obtaining any other permission, consent or approval from 18 All activities authorized by this permit must be in strict conformance
the U S.Army Corps of Engineers, U.S. Coast Guard, New York State with the approved plans submitted by the applicant or his agent as part
Office of General Services or local government which may be required of the permit application
12 All necessary precautions shall be taken to preclude contamination �j A��'
of any wetland or waterway by suspended solids, sediments, fuels, Such/aa pproived�plans were prepared by
/7 lM a�1�1 t) ? —
solvents, lubricants,epoxy coatings,paints,concrete, leachate or any / cinZ24,^
SPECIAL CONDITIONS
1. A• copy of this permit with supplementary conditions and
approved plans must be available at the project site
whenever authorized work is in progress.
2. The permit sign enclosed with the permit or a copy of
letter of approval must be protected from the weather
and posted in a conspicuous location at the work site
until completion of authorized work.
3 . At least 48 hours prior to commencement of the project,
the permittee must 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 must also be completed and returned.
4. If the permittee intends to undertake any project
design modifications after permit issuance, the
permittee must 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.
DEC PERMIT NUXIBER f,`
PROGRA,yI:FACUTY N'UmB'/E/GR,'/%
Page 3 of 6
AM
95-20.6f(12/85)-25C Nl; ')RK STATE DEPARTMENT OF ENVIRONMENTAL CONS"-kTION =
SPECIAL CONDITIONS
For Article 25 Tidal Wetlands
5. All repairs to existing structures are confined to
replacement of existing structural elements with no
change in design, dimension or materials unless
specifically authorized herein.
6. Construction of bulkhead and return walls must be
completed prior to placement of any fill material
behind such structures.
7. Use of timbers (wood) treated with pentachlorophenol is
strictly prohibited.
8 . All fill must be from an approved source and consist of
clean gravel and soil. Use of asphalt, slag, flyash,
broken concrete or demolition debris is prohibited.
9. All fill must be graded to match the elevation of the
land immediately adjacent to the bulkhead.
10. Contamination of tidal wetlands and the waters of New
York State by suspended solids, sediments, fuels,
solvents, lubricants, epoxy coatings, paints, concrete,
leachate or any other environmentally deleterious
materials associated with the project is prohibited.
11. Any debris or excess material from construction of this
project must be immediately and completely removed from
the adjacent area and disposed of at an approved upland
site. Disposal of debris in tidal wetlands is
prohibited.
12 . Any bulkhead constructed directly adjacent to vegetated
tidal wetlands is to be jetted in with minimal
disturbance to the tidal wetland. Trenching is
strictly prohibited.
13 . Unless specifically authorized, there shall be no
dredging or excavation in the area seaward of the
bulkhead to regain lost fill.
14 . Prior to the ultimate expiration of this permit, the
permittee will cause all fill and exposed faces to be
vegetated to prevent erosion.
15. The permittee may install a stone "scour pad" to
protect the bulkhead backfill in case of overwash.. The
scour pad shall consist of a minimum 1 foot layer of
cobble size stone set on filter fabric.
DEC PERMIT NUMBER J -1
o . / y
A_ V
PROGRAWFACILITY NUMBER
Page 4 of 6
95-20.6f(12185)-25c NI IRK STATE DEPARTMENT OF ENVIRONMENTAL CON'-GRVATION 25
SPECIAL CONDITIONS
For Article 25 Tidal wetlands 1
16. There shall be no disturbance to existing tidal wetland
vegetation, bluff vegetation or submerged aquatic
vegetation as a result of the permitted activity.
17. Equipment operation below mean high water is strictly
prohibited.
Supplementary Special Conditions (A) thru (J) attached.
Regional Permit Administrator
NYS Dept.of Environmental Conservation
Building 40, SUNY - Room 219
Stony Brook, NY 11790-2356
(516) 751-1389
DEC PERMIT NUMBER
PROGRAMIFACILITY NUMBER
Page 5 of 6
4
95-20.1 (8187)-9d
New York State
Department of Environmental Conservation
'ah NOTICE 'ah
14W
The Department of Environmental Conservation (DEC) has issued
permit(s) pursuant to the Environmental Conservation Law
for work being conducted at this site. For further information
regarding the nature and extent of work approved and any
Departmental conditions on it, contact the Regional Permit
Administrator listed below. Please refer to the permit number
shown when contacting the DEC.
Regional Permit Administrator
Permit Number
Expiration Date
NOTE: This notice is NOT a permit
i
I
4ex
le
T _
4"
Y 01) EC p
APPROVED AS PER TERMS
AND CONDITIONS OF
PERMIT I rJ. ^ 0
DATE
30
N1:w-vORK STATE DEPARTMENT OF EWVIRONMENTAL CnkjccRVATION
FTw 15278-0156 SP
PERMIT
UNDER THE ENVIRONMENTAL CONSERVATION LAW
X� ARTICLE 15, (Protection of Water) �X ARTICLE 25,(Tidal Wetlands)
ARTICLE 24, (Freshwater Wetlands) ARTICLE 36,(Construction in Flood Hazard Areas)
E
TOnd Oyter Farms By: Enconsultants Inc.
RMITTEE
AD Greenport. N.Y: 11944 64 N. Main Street, Southampton, N.Y. 119E
LOCATION OF PROJECT(Section of stream, tidal wetland, dam, building)
Greenport Harbor - Basin and inner and outer channel east of existing oyster factory and sh--
DESCRIPTION OF PROJECT yard Lane.
Maintenance dredge boat basin, inner and outer channels to a depth of no greater than 10'
below--man low water, The outer channel extends 300' south of eastern jetty of inner channE
el shall be no wider than 50'.
COMMUNITY NAME(City, Town, Village) TOWN
GrAgnport
Southold
COUNTY FIA COMMUNITY NO. =
DAM NO. PERMIT EXPIRATION DATE
10/31/90
GENERAL CONDITIONS
1. The permittee shall file in the office of the appropriate Regional 8. That the State of New York shall in no case be liable for any darn
Permit Administrator, a notice of intention to commence work at least 48 or injury to the structure or work herein authorized which may be caused b
hours in advance of the time of commencement and shall also notify him result from future operations undertaken by the State for the conservation
promptly in writing of the completion of the work. improvement of navigation, or for other purposes, and no claim or righ;
2. The permitted work shall be subject to inspection by an authorized compensation shall accrue from any such damage.
representative of the Department of Environmental Conservation who may 9. That if the display of lights and signals on any work hereby authors
order the work suspended if the public interest so requires. is not otherwise provided for by law, such lights and signals as may be i
3. As a condition of the issuance of this permit, the applicant has ac- scribed by the United States Coast Guard shall be installed and maintai
cepted expressly, by the execution of the application, the full legal respon- by and at the expense of the owner.
sibility for all damages, direct or indirect, of whatever nature, and by whom- 10. All work carried out under this permit shall be performed in acc
ever suffered, arising out of the project described herein and has agreed to dance with established engineering practice and in a workmanlike manner.
indemnify and save harmless the State from suits, actions, damages and
costs of every name and description resulting from the said project, 11. If granted under Articles 24 or 25, the Department reserves the n
to reconsider this approval at any time and after due notice and hearing
4. Any material dredged in the prosecution of the work herein permitted continue, rescind or modify this permit in such a manner as may be found
shall be removed evenly, without leaving large refuse piles, ridges across the be just and equitable. If upon the expiration or revocation of this permit,
bed of the waterway or flood plain or deep holes that may have a tendency to modification of the wetland hereby authorized has not been completed,
causq injury to navigable channels or to the banks of the waterway, applicant shall, without expense to the State, and to such extent and in SL
S. Any material to be deposited or dumped under this permit, either in time and manner as the Department of Environmental Conservation may requi
the waterway or on shore above high-water mark, shall be deposited or dumped remove all or any portion of the uncompleted structure or fill and restore
at the locality shown on the drawing hereto attached, and, if so prescribed site to its former condition. No claim shall be made against the State of N
thereon, within or behind a good and substantial bulkhead or bulkheads, such York on account of any such removal or alteration.
as will prevent escape of the material into the waterway, 12. This permit shall not be construed as conveying to the applicant a
6. There shall be no unreasonable interference with navigation by the right to trespass upon the lands or interfere with the riparian rights of othc
work herein authorized. to perform the permitted work or as authorizing the impairment of any righ;
title or interest in real or personal property held or vested in a person not
7. That if future operations by the State of New York require an alteration party to the permit.
in the position of the structure or work herein authorized, or if, in the opinion 13. The
of the Department of Environmental Conservation it shall cause unreasonable of is responsible for obtaining any other permits, a
obstruction to the free navigation of said waters or flood flows or endanger provals, lands, easements and rights-of-way which may be required for th
Project.
the health, safety or welfare of the people of the State, or loss or destruction
of the natural resources of the State, the owner may be ordered by the Depart- 14. If granted under Article 36, this permit is granted solely on the bas
ment to remove or alter the structural work, obstructions, or hazards caused of the requirements of Article 36 of the Environmental Conservation Law ai
thereby without expense to the State; and if, upon the expiration or revocation Part 500 of 6 NYCRR(Construction in Flood Plain Areas having Special Flot
of this permit, the structure, fill, excavation, or other modification of the Hazards — Building Permits) and in no way signifies that the project will L
watercourse hereby authorized shall not be completed, the owners shall, free from flooding.
without expense to the Sfate, and to such extent and in such time and manner
as the Department of Environmental Conservation may require, remove all or 15. By acceptance of this permit the permittee agrees that the perm
any portion of the uncompleted structure or fill and restore to its former is contingent upon strict compliance with the special conditions on th
condition the navigable and flood capacity of the watercourse. No claim shall reverse side,
be made against the State or New York on account of any such removal or
alteration,
9"-30.4(9/75)
(SEE REVERSE SIDE)
SUE ,IA ONDITIONS
16. Applicant shall be liable for any damage to adjacent waterway resulting from a
phase of the permitted construction. ny
17. We reserve the right to comment at a later date concerning other environmental
aspects of this project. .
18. The granting of this permit does not relieve the permittee of the responsibility of
obtaining any permits, licenses, or other authorization which may be required by other
State, Federal or local agencies.
19. All derdging will be conducted by a clam shell bucket crane in the boat basin and inner
channel.
20. All dredge spoil from the inner channel and basin will be trucked to an approved upland
site.
21. The outer channel will only be dredged utilizing a barge mounted crane and the disposal
site for spoil will h-- the Corps approved dumping ground in Long Island Sound off
Connecticut. Approval must be granted from Connecticut before any dredging or spoil
disposal from the outer channel commences.
22. This office shall be notified within 24 hours of commencement or cessation of any of
permitted activities of this project.
23. No dredge spoil will be stored at project site.
24. Dredging shall begin no sooner than September 15 and end no later than May 15.
SPECIAL NOTE:
In accordance with Section 401(a) (1) of the Clean Waters Act Amendments of 1977
(PL 95-217) the NYS Department of Environmental Conservation hereby certifies that the i
subject project proposal will not contravene effluent limitations or other limitations
or standards under Sections 301, 302, 303, 306 or 307 of the Act.
PERMIT ISSUE DATE PERMIT ADMINISTRATOR - i. •ADDRESS NYS Dept. of Env. Conservation
11/3/80 ] Daniel J. Larkin, P.$. .,�i�_r '_id' 40, SUNY, Stony Brook, NY 11794
:U.S. Army Corps of Engineers
NYSDEC Latta Enforcement - Region I
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT. CORPS OF ENGINEERS
W FEDERAL PLAZA
I NEW YORK.N.Y. {
10278
NANOP-E 27 January 1981
Application dated: 7 July 1980
P mit dated: 27 January 1981
Location: Greenport Harbor, Gardiners Bay at Greenport, Suffolk
County, New York
Long Island Oyster Farms
P.O. Box AD
Greenport, NY 11944
Gentlemen:
Inclosed is a copy of Department of the Army Authorization for
the proposed activity described therein.
Notice of the dates of commencement and completion of the work
should be sent to the District Engineer, US Army Engineer District,
New York, ATTN: NANOP, 26 Federal Plaza, New York, NY 10278.
Please display the inclosed Notice of Authorization in a place
at the site of-the work.
If any material changes in the location or plans of the work
are found necessary in the future on account of unforeseen or
altered conditions or other causes, revised plans should be sub-
mitted promptly to the District Engineer for approval before
operations may begin.
Sincerely,
4 Incls JOHN
1. Permit w/dwg � chie ,LOperations Division
2. Notice of Authorization
3. NANY FL-192
4. NANY FL-193
Application No. 80-394 (Pu- Ja Notice No. 10376)
Narrle of Applicant Long Island Oyster Farms
Effective Date 27 January 1981
Expiration Date (If applicable) 27 January 1991
DEPARTMENT OF THE ARMY
PERMIT #11745
Referring to written request dated 7 July 1980 for a permit to:
(X) Perform work in or affecting navigable waters of the United States,upon the recommendation of the Chief of Engineers,pursuant
to Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C.403);
( ) Discharge dredged or fill material into waters of the United States upon the Issuance of a permit from the Secretary of the Army
acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat.816,P.L.92-500);
( ) Transport dredged material for the purpose of dumping it Into ocean waters upon the Issuance of a permit from the Secretary of the
Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(86 Stat. 1052,P.L.92-532);
Long Island Oyster Farms
P.O. BOX AD
Greenport, NY 11944
is hereby authorized by the Secretary of the Army:
to maintenance dredge (clam shell) within the boat basin and inner and outer
channels (700' X 50') to a maximum depth of 10 feet below the plane of mean
low water to remove 4600 _+ cubic yards of material initially with future dredging
operations to be perfromed as required to maintain the required depth for safe
navigation. The dredged material will be trucked offsite to upland (non-wetland)
areas where it will be suitably retained to prevent its return to the waterway;
in Greenport Harbor, Gardiners Bay
at Greenport, Suffolk County, New York
in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit(on drawings:give
file number or other definite identification marks.)
1522-15 (Greenport Harbor - Long Island Oyster Farms-maintenance dredging)
subject to the following conditions:
I. General Conditions:
a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit;and that any
activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which
may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General
Conditions I or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate,
whether or not this permit has been previously modified,suspended or revoked in whole or in part.
ENG FORM 1721 EDITION OF 1 APR 74 IS OBSOLETE.
1 JUL 77 (ER 1145-2-303)
e
b. That all activities authorized herein shall, if they involve, during their construction or operation,any discharge of pollutants into
waters of the United States or ocean waters, be at all times consistent with applicable water quality standards,effluent limitations and
standards of performance, prohibitions, pretreatment standards and management practices established pursuant to the Federal Water
Pollution Control Act of 1972 (P.L. 92-500; 86 Stat.816), the Marine Protection,Research and Sanctuaries Act of 1972 (P.L.92-532,
86 Stat. 1052),or pursuant to applicable State and local law.
c. That when the activity authorized herein involves a discharge during its construction or operation, of any pollutant (including
dredged or fill material), into waters of the United States, the authorized activity shall,if applicable water quality standards are revised
or modified during the term of this permit, be modified,if necessary,to conform with such revised or modified water quality standards
within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementat on
plan contained in such revised or modified standards, or within such longer period of time as the District Engineer,in consultation with
the Regional Administrator of the Environmental Protection Agency,may determine to be reasonable under the circumstances.
d. That the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act, or
endanger the critical habitat of such species.
e. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized
herein in a manner so as to minimize any adverse impact on_fish,wildlife,and natural environmental values.
f. That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any
degradation of water quality.
g. That the permittee shall permit the District Engineer or his authorized representatives) or designee(s) to make periodic
inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in
accordance with the terms and conditions prescribed herein.
h. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and
drawings attached hereto.
i. That this permit does not convey any property rights, either in real estate or material,or any exclusive privileges;and that it does
not authorize any injury to property or invasion of rights or any infringement of Federal,State,or local laws or regulations nor does it
obviate the requirement to obtain State or local assent required by law for the activity authorized herein.
j. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate
suspension of the activity authorized herein would be in the general public interest. Such suspension shall bieffective upon receipt by
the permittee of a written notice thereof which shall indicate (1) the extent of the suspension, (2) the reasons for this.actiort,and
(3)any corrective or preventative_measures to be taken by the permittee which are deemed necessary by the District Engineer to abate
imminent hazards to the general public interest.The permittee shall take immediate action to comply with the provisions of this notice.
Within ten days following receipt of this notice of suspension, the permittee may request:a hearing in order to present information
relevant to a decision as to whether his-permit should be reinstated,modified or revoked.If a hearing is requested,it shall be conducted
pursuant to procedures prescribed by the Chief of Engineers.After completion of the hearing,or within,a reasonable time after_issuance
of the suspension notice to the permittee if no hearing is requested,the permit will either be reinstated,modified or revoked.
k. That this permit may be either modified,suspended or revoked in whole or in part if the Secretary of the Army or his authorized
representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would
otherwise be in the public interest. Any such modification,suspension,or revocation shall become effective 30 days after receipt by the
permittee of written notice of such action which shall specify the facts or conduct warranting same unless(1)within the 30-day period
the permittee is able to satisfactorily demonstrate that (a)the alleged violation of the terms and the conditions of this permit did not,in
fact, occur or (b)the alleged violation was accidental,and the permittee has been operating in compliance with the terms and conditions
of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and
conditions of this permit; or (2)within the aforesaid 30-day period, the permittee requests that a public hearing be held to present oral
and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures
for making a final decision either to modify,suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed
by the Chief of Engineers.
I. That in issuing this permit,the Government has relied on the information and data which the permittee has provided in connection
with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be false, incomplete or
inaccurate, this permit may be modified, suspended or revoked, in whole or in part,and/or the Government may,in addition,institute
appropriate legal proceedings.
m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the
United States.
n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commenced,as far in
advance of the time of commencement as the District Engineer may specify,and of any suspension of work,if for a period of more than
one week,resumption of work and its completion.
_ o. That if the activity authorized herein is not started on or before lay of . 19-,
(one year from the date of issuance of this permit unless otherwise specified) and is not completed on or before
day of 19 , (three years from the date of issuance of this permit unless otherwise specified) this permit, if
not previously revoked or specifically extended,shall automatically expire.
p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which
may require authorization by the Congress or other agencies of the Federal Government.
q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer
procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must
restore the area to a condition satisfactory to the District Engineer.
r. That if the recording of this permit is possible under applicable State or local law,the permittee shall take such action as may be
necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining
records of title to and interests in real property.
s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein.
t That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the
transferee's written agreement to comply with all terms and conditions of this permit or by the transferee subscribing to this permit in
the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee
transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions
specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official.
II.Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit):
3
The following Special Conditions will be applicable when appropriate:
STRUCTURES IN OR AFFECTING NAVIGABLE WATERS OF THE UNITED STATES:
a. That this permit does not authorize the Interference with any existing or proposed Federal project and that the permittee shall not
be entitled to compensation for damage or Injury to the structures or work authorized herein which may be caused by or result from
existing or foture operations undertaken by the United States in the public interest.
I
b. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
i
to the activity authorized by this permit.
! c. That If the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law,such
lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the
permittee.
d. That the permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the
authorized structure or work, shall, without expense to the United States and in such time and manner as the Secretary of the Army or
his authorized representative may direct, restore the waterway to its former conditions. If the permittee fails to comply with the
direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to Its
former condition,by contract or otherwise,and recover the cost thereof from the permittee.
e. Structures for Small Boats: That permittee hereby recognizes the possibility that the structure permitted herein may be subject to
damage by wave wash from passing vessels. The Issuance of this permit does not relieve the permittee from taking all proper steps to
insure the Integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the
permittee shall not hold the United States liable for any such damage.
MAINTENANCE DREDGING.
a. ThOat when the work authorized herein includes periodic maintenance dredging, it may be performed under this permit for
years from the date of issuance of this permit (ten years unless otherwise indicated);
b. That the permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance
dredging.
DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES:
a. That the discharge will be carried out in conformity with the goals and objectives of the EPA Guidelines established pursuant to
Section 404(b)of the FWPCA and published in 40 CFR 230;
b. That the discharge will consist of suitable material free from toxic pollutants In other than trace quantities;
c. That the fill created by the discharge will be properly maintained to prevent erosion and other non-point sources of pollution;and
d. That the discharge will not occur in a component of the National Wild and Scenic River System or in a component of a State wild
and scenic river system.
DUMPING OF DREDGED MATERIAL INTO OCEAN WATERS:
a. That the dumping will be carried out in conformity with the goals, objectives, and requirements of the EPA criteria established
pursuant to Section 102 of the Marine Protection,Research and Sanctuaries Act of 1972,published in 40 CFR 220-228.
b. That the permittee shall place a copy of this permit in a conspicuous place in the vessel to be used for the transportation and/or
dumping of the dredged material as authorized herein.
This permit shall become effective on the date of the District Engineer's signature.
Permittee PcepQts and a eestoco ply with the terms and conditions of this permit., 6'
PERMITTEE DATE
Lon Isla Oyster Farms
BY AUTHORITY OF THE SECRETARY OF THE ARMY•
G
' 27 January 1981
1�7Z a"VE-In bro&lf of"
W. M. SMITH, Jr. DATE
Colonel, Corps of Engineers
DISTRICT ENGINEER,
U.S. ARMY,CORPS OF ENGINEERS
Transferee hereby agrees to comply with the terms and conditions of this permit.
TRANSFEREE DATE
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�I II III
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS '
NOTICE OF AUTHORIZATION
27 January 1981
A PERMIT TO maintenance dredge within the `boat basin and inner_ and outer
channels in Greenport Harbor, Gardiners Bay
AT Greenport, Suffolk County, New York
HAS BEEN ISSUED TO Long Island Oyster Farms ON 27 January '19-81
E P.O. Box AD
ADDRESS OF PERMITTEE Greenport, NY 11944 W. M. SMITH, Jr.
PERMIT NUMBER 11745 Colonel, Corps of Engineers
k
Di*kt Ensinm
Jul io°"" e THIS NOTICE MUST BE CONSPICUOUSLY DISPLAYED AT THE SITE OF WORK.
*CPO: 1877 232.984
DEPARTMENT OF THE Ahm i�
`ps NEW YORK DISTRICT. CORPS OF ENGINEERS
!® FEDERAL rLAZA
HCW YORK.N.Y. 10007
NANOP-E
IMPORTANT
This letter must be completed and mailed to the District Engineer
following completion or cancellation of the work authorized under
the permit.
Permittee: Permit No.:
Issued: Expiration•
Waterway: City & State:
Type of Work:
Check and complete applicable items listed below.
Q Work was completed on
[Z� Work will not be performed on the project.
Q Deviation from work authorized in permit is explained below.
Q Other (explain)
6
Signature & Date
(NOTE: To mail, fold letter in half and staple at bottom.)
NAVY FL-192
APR 77
D
M4 BARION MANOR PROPERTY OWNERS A550CIATION
P.O. Box
TO �;0UTHOLD EAST MARION, NEW YORK 11333
- November 11 , 1934
U.S. Army Corps of Engineers
New York District
Jacob K.Javits Federal Building
New York, NY 1027$-0434
ATTN; Regulatory Branch
Ref: Public Notice Number: 94-09230-L2
Issue date: 28 October 1334
Expiration Date: 28 November 1994
Reference is made to the Bulkhead replacement and dredging
application by Aquafood Property Limited Partnership relating to
the property located on Shipyard Lane, East Marian, NY 11939.
I am writing as President of Marian Manor Property Owners
Association on behalf of the members to express our concern as to
the potential effect such dredging would have on our water
supply. All of the homes in our area located on Gillette Drive
and East Gillette Drive depend upon private wells for water
for drinking and household use. There is no alternate supplier
of water to our area .
The equafir in our area is very fragile and we become concerned
whenever there is any action that would upset this fragile
- balance. We are concerned about the passible salt water
incursion that might be caused by the dredging and the depositing
of the spoil on the adJacent upland Bite. We question whether
the 10 foot depth is necessary .
We need assurance that there will he no adverse effect on our
drinking water supply before a permit is authorized and issued.
This is especially crucial for the homeowners with property
immediately adiacent to the site and others located closer to the
Bay .
Your attention to our concerns will be greatly appreciated.
Very truly yours
Cbl! -crus
Joseph Buaso, President
ROBERT F. MUIR
2850 GILLETTE DRIVE
EAST MARION, NEW YORK 11939
TEL. (516) 477-2225
November 11 , 1994
U.S. Army Corps of Engineers
New York District
Jacob K. Javits Federal Building D l�J L5 V
New York, N .Y . 10278-0090
ATTN: Regulatory Branch NOV I � I�94
Gentlemen:
Tr,)1,Pk y\: ...Atl h l 9 H O L
Ref: ;Public Notice Number 94-0921-40-L2
Reference is made to the dredging application of Aquafood
Property ,Limited _Partnershipp- on the premises located on Shipyard
Lane, East Marian, N.Y. 11939.
I am a property owner and resident and was not included in
your notice or mailing. A neighbor asked about the notice and'
� waa kind enough to show it to me. I own what is shown as Lot 411
on the ,plot plan. There appear to be other errors in diagram.
All of the houses on Gillette Drive depend on wells for
drinking water and that is- the major concern we have with the
dredging , especially to the depth of 10 feet below mean low
water .
We are concerned that there would be a salt water incursion
into the fresh water table that would endanger our water supply.
It should be noted that Shipyard Lane residents are connected
with the Greenport Village Water System. There is no such
alternate available to the Gillette Drive residents.
We feel that we must have definite assurance that our water
supply will not be jeopardized in any manner. Our fresh water
table was damaged in the severe storms of December 1992 and
March, 1993.
According to the diagram the average depth 'in the basin is 4
feet which means that an additional 6 feet of the bottom would be
removed. We also believe the pumping or dumping the spoil on the
designated upland location would also pose an additional hazard
to our drinking water -supply.
We trust that Corps of Engineers will decide this matter in
a manner that will protect our fresh water supply .
Very truly yours,
o Town Hall, 53095 Main Road
+ 0 •
P.O. Box 1179
Telephone
(516) 765-1801 y,�ol ��Q� Southold, New York 11971
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
TO: Southold Town Board of Trustees
FROM: Southold Town Conservation Advisory Council
DATED: November 15, 1994
RE: Recommendation of Applications
A meeting• of the Southold Town Conservation Advisory Council was
held Tuesday, November 15, 1994 at the Southold Town Hall.
Present •was CAC Chairman Bruce Loucka and CAC members Stephen
Angell, Robert Keith, Jack Hagerty, Patricia Isaksen, Betty Wells, and
Allan Connell.
RECOMMENDATION OF WETLAND APPLICATIONS4,
No. 1207
Moved by Allan Connell, seconded by Jack Hagerty, it was
RESOLVED to recommend to the Southold Town Board of Trustees
APPROVAL of the Wetland Application of , ROBERT AND BARBARA
HOLLEY 53-3-13 to construct a 20.5' x 16' single story addition 54' ,from
the upland edge of tidal wetlands landward of an existing dwelling and
relocate an existing shed (approximately 10' x 101) as shown on submitted
plans.
Bay Shore Road, Southold
Vote of Council: Ayes: All
Motion carried.
No. 1208
Moved by Bruce Loucka, seconded by Robert Keith, it was
RESOLVED to recommend to the Southold Town Board of Trustees
APPROVAL WITH CONCERNS of the Wetland Application of AQUAFOOQ
PROPERTIES LTD PARTNERSHIP 38-7-7.1 to replace (within 18") 1047 +/-
I.f. of existing timber bulkhead. Maintenance dredge 228 +/-' (maximum)
x 245 +/-' (maximum) basin and 50 +/-' x 170 +/_' channel, to a maximum
depth of. 10' below ALW. Approximately 3800 c.y. of resultant spoil to be
Meeting of
11/15/94
used both for backfill and temporarily deposited in open fi_el_& to east of
channel previously used as spoil site. Spoil deposited in stated location
to be removed and deposited at approved upland source. Multi-year
maintenance permit requested.
The CAC recommends approval however, it has concerns about the
underground fuel tank and suggests the Trustees investigate the situation
and pass along the information to the appropriate town agency.
2835 Shipyard Lane, East Marion
Vote of Council: Ayes: All
Motion carried.
No. 1209
Moved by Allan Connell, seconded by Jack Hagerty, it was
RESOLVED to recommend to the Southold Town Board of Trustees
APPROVAL WITH STIPULATIONS of the Wetland Application of FRANK
AND VIRGINIA ZIMMER 19-1-18.3 8 20-3-1.2 to open path in area of d'i,,,ke
for access to Long Beach Bay and install one mooring stake.
The CAC recommends approval with the stipulations that the pathway
be allowed to human foot access only; that the pathway be restored and
limited to a 3' width; and the dike be repaired. The Council has concerns
of the "conditional" nature of Hallocks Bay and the threat of hGrses, and
therefore suggest that no horses be allowed over the dike to the Hallocks
Bay section.
The Council also suggests the Trustees levy a fine for actions taken
without obtaining permits.
Main Road, Orient
Vote of Council: Ayes: All
Motion carried.
No. 1210
Moved by Allan Connell, seconded by Patricia Isaksen, it was
RESOLVED to recommend to the Southold Town Board of Trustees
APPROVAL WITH PROVISIONS of the Wetland Application of RONALD
MCGREEVY 99-3-4.5 to construct 155 +/- I.f. of timber bulkhead to be
tied into adjacent bulkhead to east. Construct a 15 +/-' retun at west
end of bulkhead and backfill with 250 c.y. of bank run sand to be
trucked in from approved upland source.
Also, to construct a 4' x 14' section of fixed walk to tie into
existing stairs down bluff; construct 4' wide steps to beach.
The Council recommends approval provided the applicant follow the
Trustees' policy for bulkheading along the Sound by placing the bulkhead
at the toe of the bluff to tie in with the neighbor's return and that the
bulkhead is buried and maintained. The Council suggests the Trustees
also require the applicant to address the runoff at the top of the bluff,
contain runoff by planting appropriate materials.
250 Lloyds Lane, Mattituck
Vote of Council: Ayes: Bruce Loucka, Robert Keith, Jack Hagerty,
Patricia Isaksen, Betty Wells, and Allan Connell
Nays: Stephen Angell
Motion carried.
Page 2
7 IF-C-07
Albert J. Krupski,President ®� ®� Town Hall
John Holzapfel, Vice President �� �� 53095 Main Road
William G. Albertson C P.O. Box 1179
Martin H. Garrell ' ® ' _ Southold, New York 11971
Peter Wenczel ®� ��® Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD V5V 7 6994-
LEAD AGENCY COORDINATION REQUEST ! F SOUT OLD
TO: Whom It May Concern DATE• 10/1319 4
Enclosed is a permit application and a completed part I of the
Environmental Assessment Form.
Southold Town Trustees are interested in your ageny' s comments
in acting as SEQRA Lead Agency for:
NAME: Aqua Food Properties LTD
LOCATION: 2835 Shipyard La. East Marion
TAX MAP: 1000-38-7-7.1 PERMIT # Pending
DESCRPTN: See attached
PERMIT REQUIRED: ( ) TOWN WETLAND ( ) OTHER
SEQRA CLASSIFICATION: (.X) Type I ( ) Type II
( ) UNLISTED ( ) CEA
Please contact .Albert J. -Krupski, Jr. , Trustee Pres; 1 0
days and be advised that the Southold Town Trustee
7w:
ANT) /(DO
NOT WANT) to assume lead agency.
SENT TO: DOS DEC (�) DOH ( ) PB ( ) ZBA ( ) BLD ( ) ACE ( )
CAC (-A
Please complete, detach and return this form to expedite
processing.
Involved Agency: AJ�JJ)®Z
Project Name: ^) L/✓) /�00� �9�4�" ✓t���� Lj� �f�J�T/vJ ?rJddJ
Location: ,Zg�3_ -rHJ!°Y�c�ll� �i9-✓�i✓ -� er /}/1 ps+.�
SCTM: / s o v --T ?" 7` /, l
We at IV 7--,J 0 f� C- (Have/6 obj•ection to Southold Town
AGENCY
Trustees assuming Lead Agency. F
8•k.
Comments/Reasons:
f��,n
Sign ;1=ur'e�'af uthorized/Re s ative
NOV 2 1994
PUBLIC NOT°IC TOWN OF SOUT OLD
LM Tr
US Army Corps
of Engineers
New York District In replying refer to:
Jacob K.Javits Federal Building Public Notice Number: 94-09290-L2
New York, N.Y. 10278-0090 Issue Date: 28 October 199+
ATTN: Regulatory Branch Expiration Date: 28 November 199+
To Whom It May Concern:
The New York District, Corps of Engineers has received an application for a Department of the
Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1599 (33 USC 403) and Section
404 of the Clean Water Act (33 USC 1344).
APPLICANT: - Aquafood Property Limited Partnership
330 South Street
Morristown, NJ 07962
ACTIVITY: Bulkhead replacement and dredging with upland disposal
WATERWAY: Greenport Harbor, Gardiners Bay
LOCATION: Village of East Marion, Town of Southold, Suffolk County, New York
A detailed description and plans of the applicant's activity are enclosed 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 proposed activity on the public interest. That decision will reflect
the national concern for both protection and utilization of important resources. The benefits which
reasonably may be expected to accrue from the proposal must be 'balanced against its reasonably
foreseeable detriments. All factors which may be relevant to the proposal will be considered including
the cumulative effects thereof; among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, historical properties, fish and wildlife values, floodplain values, land
use,navigation,shoreline erosion and accretion,recreation,water supply and conservation,water quality,
energy needs, safety, food and fiber production, mineral needs, consideration of property ownership
and,in general the needs and welfare of the people.
The Corps of Engineers is soliciting comments from the public; Federal,state, and local agencies
and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of
this proposed activity. Any comments received will be considered by the Corps of Engineers to determine
whether to issue,modify, condition or deny a permit for this proposal. To make this decision,comments
are used to assess impacts on endangered species, historic properties, water quality, general
environmental effects, and the other public interest factors listed above. Comments are used in
preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the
National Environmental Policy Act. Comments are also used to determine the need for a public hearing
and to determine the overall public interest of the proposed activity.
ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED IN
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 writing, 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. I
Our preliminary determination is that the activity for which authorization is sought herein is not
likely to affect any Federally endangered or threatened species or' their critical habitat. However,
pursuant to Section 7 of the Endangered Species Act(16 U.S.C. 1531),the District Engineer is consulting
with the appropriate Federal agency to determine the presence of and potential impacts to listed species
in the project area or their critical habitat.
Based upon a review of the latest published version of the National Register of Historic 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 be lost by work accomplished
under the required permit.
Reviews of activities pursuant to Section 404 of the Clean Mater Act will include application of
the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency,under authority
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 management program. By this public notice, 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 the Consistency Coordinator,
New York State Department of State, Division of Coastal Resources and Waterfront Revitalization,
Coastal Zone Management Program, 162 Washington Avenue, Albany, New York 12231, Telephone
(518)474-3642. Comments regarding the applicant's certification, and copies of any letters to this office
commenting upon this proposal, should be so addressed.
In addition to any required water quality certificate and coastal zone management program
concurrence, the applicant has obtained or requested the following governmental authorization for the
activity under consideration:
- Town of Southold Permit
- New York State Department of Environmental Conservation 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 of this notice.
If you have any questions concerning this application, you may contact this office at (212)
264-3912 and ask for Marc Helman.
FOR THE DISTRICT ENGINEER:
Clos ph J. Seebode
C tef, Regulatory Branch
Encic =ares
WORK DESCRIPTION
The applicant, Aquafood Property Limited Partnership, has requested Department of the Army
authorization for bulkhead replacement and dredging of material from Greenport Harbor, Gardiners Bay,
at East Marion, Town of Southold, Suffolk County, New York with subsequent upland disposal.
The work would involve the replacement, in-kind and within 18 inches,of approximately 1505 linear feet
of timber bulkhead as follows: 521 linear feet on the west side of the basin, 179 linear feet on the west
side of the channel, 347 linear feet on the east side of the channel, and 458 linear feet on the harbor side.
The project would also involve dredging,with ten years maintenance, of approximately 3,800 cubic yards
of material (described by the applicant as sand and cobble) from an area with maximum dimensions of
approximately 228 feet x 245 feet in the basin and an area approximately 50 feet x 179 feet in the channel
to a depth of 10 feet below mean low water. Dredging would be accomplished using a clamshell bucket
and/or a jet pump mounted on a barge or truck as appropriate for the locality. A portion of the dredged
material would be used as backfill. The remainder of the dredged material would be deposited,
temporarily, in an open field (150 feet x 270 feet) situated to the east of the channel prior to removal to
an approved upland disposal site. This applicant states that this site has been used previously for
deposition of dredged material.
The stated purpose of this project is to prevent erosion and provide sufficient water depth within the basin
and channel for watercraft.
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1329 NORTH SEA RD,
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DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, NEW YORK FIRST-CLASS MAIL
JACOB K.JAVITS FEDERAL BUILDING U S.POSTAGE PAID
NEW YORK,N.Y. 10278-0090 NEW YORK, KY
0EI4MIT No.6
OFFICIAL BUSINESS
PENALTY FOR PRIVATE USE,$300
ILENE PFIFFERLING
TOWN OF SOUTHOLD
SECRETARY TO BOARD OF TOWN TRUSTEES
TOWN HALL
53095 Main Road
SOUTHOLD, NY 11971
n
A-110" WZYU
New York State Department of Environmental Co
ohm
Ta
> Thomas C. Jorllnfl �
/w_ G- /_7 't L Commissioner
,S'Civ771-C)L_J�s
4th /-7 11 �e 1,"-)e�
3 0 4k k?
Dear
RE: LEAD AGENCY COORDINATION REQUEST
The purpose of this request is to determine under Article 8 (State Environ-
mental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR
Part 617 the following: V
1. Your agency's interest in acting as lead agency;
2. Your agency's jurisdiction in the action described below; and
3. Issues of ,concern which your agency believes should be evaluated.
Enclosed is a copy of the permit application and a completed Part 1 of the
Environmental Assessment Form to assist you in responding.
Project Name: 04
v
Project Location: ,5- �j�J1
� 114-k) 011> L 4__L_✓L
DEC Project Number:
DEC Permits:
SEQR Classification: [k"-Type I [ ] Unlisted
DEC Contact Person:
DEC Position:
[ ]_ DEC has no objection to your agency or another agency assuming lead agency
status for this action, but reserves the right to comment on this action if
a positive determination of significance is made.
rte'; 2-
DEC has no objection to your agency or another agency assuming lead agency
status for this action, but we have the following concerns regarding this
project (see "comments" below) .
[ ] DEC wishes to assume lead agency status for this action.
[ ] The proposed action has been identified by DEC as occurring wholly or
partially within or substantially contiguous to a critical environmental
area (CEA) that was designated by
It is the position of this Department that your agency, if it has a juris-
diction over the action, should assume the lead agency role based- on the
existence of the CEA and the fact that the anticipated impacts are
primarily of local significance.
[ ] Other. (See comments below)
Comments (Optional ) :
p t r
Response:
Please respond to this request within 30 days of the date of this letter.
If no response is received within 30 days, we will assume that you have no
objection to DEC or another agency assuming the role of lead agency, and have no
comments to offer regarding the proposed action at this time. If neither your
agency nor any other involved agency, including DEC, has indicated a will-
ingness to rve as lead agency within 30 days of this letter:
[ We will petition the Commissioner of DEC to designate a lead agency
for this action.
[ ] We will petition the Commissioner of DEC to designate your agency as
lead, presuming you have jurisdiction.
Please feel free to contact this office for further information or -
discussion.
Si c ly,
CM� 0 6") 1
Enclosures
cc: (see distribution list)
v5-i`f-S 111;95)—ie A r DEC APPLICATION NUMBER DISTRIBUTION
NEW YORK STATE _ lqqw /- G('22�10 G U 22 /�,-�,�,y� WHITE COPY Permit Administrator
DEPARTMENT OF ENVIRONMENTAL COI rATION CANARY COPY Corps of Engineers
US ARMY CORPS OF ENGINEERS APF PION NO PINK COPY Program
JOINT APPLICATION FOh rERMIT GOLDENROD Applicant
IPlease read ALL instructions on back before completing this application Please type or print clearly in ink.Attach additional information as needed
❑ARTICLE 9. TITLE 1, ARTICLE 43 bNYCRR 646(LAKE GEORGE RECREATION ZONE)
El ARTICLE 15,TITLE 3 I%QUATIC PESTICIDES CONTROL) ❑6NYCRR 327(AQUATIC VEGETATION) ❑6NYCRR 328(FISH) ❑6NYCRR 329(INSECTS)
S ®ARTICLE 1S, TITLE 5 hNYCRR b08(PROTECTION OF WATERS)
T
A ❑For the construction reconstruction, or repair of a DAM or other impoundment structure
T ❑For the uisturbance or a STREAM BED OR BANKS or excavation to or fill of NAVIGABLE WATERS 0401 WATER QUALITY CERTIFICATION
E ❑ARTICLE 15, TITLE 15 06NYCRR 601 (WATER SUPPLY) 1:16NYCRR 602(LONG ISLAND WELL)
❑ARTICLE 15. TITLE 27 6NYCRR 666(WILD. SCENIC AND RECREATIONAL RIVERS)
❑ARTICLE 24 6NYCRR 662. 663(FRESHWATER WETLANDS) ❑ARTICLE 34 6NYCRR 505(COASTAL EROSIN)
®ARTICLE 25 6NYCRR b61 (TIDAL WETLANDS)
--------------------------------------------------------------------------------------------------------------------------------------------------
F ❑SECTION 10(RIVER AND HARBOR ACT OF 1899)for structures and work in navigable waters of the U.S ❑COASTAL CONSISTENCY CERTIFICATION
E ❑SECTION 404(CLEAN WATER ACT OF 1977)for disposal of dredged or fill material in waters of the U S
D
EI SECTION 103(MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT)for the transportation of dredged materials for dumping into ocean waters
1 LIST PREVIOUS PERMIT?APPLICATION NUMBERS AND DATES(If any) IF OTHER THAN INDIVIDUAL, PROVIDE
TAXPAYER ID NUMBER
2 APPLICANT IS AJAN
®Owner ❑Operator El Lessee ❑Municipal ity/Governmental Agency (Check as many as apply)
3 NAME OF APPLICANT(Use Full Name)
Aquafood Property LTD Partnership
MAILING ADDRESSTELEPHONE(Where can be reached during day)
330 South Street ( 51F 728-1364
POST OFFICE STATE ZIP CODE
Morristown NJ 07962
4 NAME OF ❑Owner ®A ent/Contact Person
g (Check one)
En-Consultants , Inc.
MAILING ADDRESS TELEPHONE (Where can be reached during day)
1329 North Sea Road ( 516 283-6360
POST OFFICE STATE ZIP CODE
Southampton I NY 11968
5 PROJECTIFACILITY LOCATION(Mark location on map, see Number 1a on reverse side)
County Suffolk I Town or city Southold Village
STREET ADDRESS(If difterent from applicant)
2835 Shipyard Lane
POST OFFICE STATE ZIP CODE
East Marion INY 11939
b NAME OF STREAM OR BODY OF WATER
Greenport Harbor
7 HAS WORK BEGUN ON PROJECT? If YES, attach explanation on starting work without permit, includes dates 8 WILL PROJECTUTILIZESTATE LAND?
❑Yes ERNo Show work on map and/or drawings El Yes KI No
9 PROPOSED USE Private10 PROPOSED STARTING DATE 11 APPROXIMATE COMPLETION DATE 1 12 FEE OF(NYS Permit Only)
❑ Public Commercial ASAP ASAP 0
5 Enclosed
13 PROJECT DESCRIPTION (e g quantity and type of material to be excavated, dredged or used for fill or rip rap, location of disposal sites, type or
structure to be installed, height or dam, size or impoundent capacities of proposed water sources,extent of distribution system, etc)
See Attached Project Description
14 WILL THIS PROJECT REQUIRE ADDITIONAL FEDERAL, STATE AND/OR LOCAL PERMITS? 12 Yes ❑ No If yes, please list
Corps of Engineers, Department of State, Southold Town Trustees
15 CERTIFICATION
I hereby affirm that under penahty of perjury that information provided on this rorm and all attachments submitted herewith is true to the best of my knowledge
and belief False statements made herein are punishable as a Class A misdemeanor pursuant to Section 21045 of the Penal Law
Further, the applicant accepts Lull responsibility for all damage, direct or indirect. of whatever nature, and by whomever surtered, arising out of the project
described herein and agrees to indemnify and save harmless the state from suits actions, damages and costs of every name and description resulting rrom said
Rroject In addition Federal Law 18 U S C Section 1001 provides for ne or not more than $10,000 or imprisonment for not more than Live years, or both
where an applicant knowingly and willfully falsities conceals or cov s u a material ac, r knowingly makes or uses a raise, fictitious or rraudulent statement
r I herebs authorize the agent named in Number 4 above to s b t this app l u n my, behalf
9-26-94 _President
SIG\AT L- E _!TIL
PLEASE READ ALL INSTRUCTIONS ON REVERSE SIDE
PROJECT DESCRIPTION
()f
Replace (within 18") 10� ++ l. f. of existing timber
bulkhead. Maintenance dredge 228+1 (maximum) x 245+1
(maximum) basin and 50+1 x 179+1 channel to a maximum
depth of 10 ' below ALW.
Approximately 3800 c.y. of resultant spoil will be used
both for backfill and temporarily deposited in open field
to east of channel previously used as spoil site. Spoil
deposited. in stated location will be removed and
deposited at approved upland source.
Basin and channel previously maintenance dredged to
-10 ' ALW pursuant to NYSDEC Permit NOS. TW 15278-0156
SP and 1-4738-00728 . Multi-year maintenance permit
requested.
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1329 NORTH SEA ROAD
SOUTHAMPTON, IVY 11963
516-283-6360
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6329 NORTH SEA RD,
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516-283-6360
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• - • PART 1—PROJECT INFORMATION y
Prepared by Project 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, Parts A through E. Answers to these questions will be considered
as part of the application for approval and may be subject 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
LOCATION OF ACTION (Include Street Address, Municipality and County)
I
NAME OF APPLICANTISPONSOR 7(S516)16)NESS TELEPHONE
En–Consultants, Inc. 283-6360
ADDRESS f
1329 North Sea Road
Eij68EcTSthampton NYi9ou
NAME OF OWNER(if different) BUSINESS TELEPHONE
Aquafood Properties LTD Partnership ( 516) 728-1364
ADDRESS
2835 Shipyard Lane
CITYIPO STATE ZIP CODE
East Marion I NY I ±±939
DESCRIPTION OF ACTION
I
See Attached Project Description
i
I
L
Please Complete Each Question—Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use- =Urban =Industrial XCommercial E]Residential (suburban) -Rural (non-tarmi
=Forest -Agriculture --Other
2. Total acreage of project area: 18 .29 acres
APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION
,Meadow or Brushland (Non-agricultural) 13 . 7 acres. 13 . 7 acres
Forested acres acres
Agricultural (Includes orchards, cropland, pasture, etc ) acres acres
Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) • 009 acres • 009 acres
Water Surface Area (Basin) 1 . 4 acres 1 • 4 acres
Unvegetated (Rock, earth or fill) (Shell Drive) • 09 acres • 09 acres
Roads, buildings and other paved surfaces 2 . 56 acres 2 . 56 acres
Other (Indicate type) ( sump) . 53 acres •53 acres
3. What is predominant soil type(s) on project site? Fill land, dredged material & Beaches
a. Soil drainage Well drained 75 % or site =.�)oderately well drained % of site
Poorly drained 25 °'o of ite
b If anv agricultural land is involved. how many acres ;,r .oil are classified within soil group 1 through -t of the NYS
Land Class rication System? NSF' acres Sre ' '.1('RR 370)
-;^Caines on oroiec' >itel
,, � a . What is depth to bedrock? 4±01
PROJECT DESCRIPTION
Replace (within 1811) 1505± l.f. of existing timber
bulkhead. Maintenance dredge 228+1 (maximum) x 245+1
(maximum) basin and 50+1 x 179+1 channel , to a maximum
depth of 10 ' below ALW.
Approximately 3800 c.y. of resultant spoil will be used
both for backfill and temporarily deposited in open field
to east of channel previously used as spoil site. Spoil
deposited in stated location will be removed and
deposited at approved upland source.
Basin and channel previously maintenance dredged to -10 '
ALW pursuant to NYSDEC Permit NOS. TW 15278-0156 SP and
1-4738-00728 . Multi-year maintenance permit requested.
5. Approximate percentage of proposed ._a,;ect site with slopes: I30-10% 1 % 010-15% %
0115% or greater %
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National
Registers of Historic Places? []Yes MNo
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? []Yes ONo
8. What is the depth of the water table? (in feet)
9. Is site located over a primary, principal, or sole source aquifer? I2Yes ONo
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ®Yes []No
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
OYes l"No According to Roy L. Ha�e
Identify each species
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)
Oyes [INo Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
[]Yes (YNo If yes, explain
14. Does the present site include scenic views known to be important to the community?
[]Yes L'-ffNo
15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name Greenport Harbor b. Size (In acres)
17. Is the site served by existing public utilities? Mes ONo
a) If Yes, does sufficient capacity exist to allow connection? n/ Yes []No
b) If Yes, will improvements be necessary to allow connection?n/a []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? []Yes 'SNo
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL, and 6 NYCRR 6177 Yes JNo
20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes LNo
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor 18 .29 acres.
b. Project acreage to be developed: 2 .56 acres initially; no change acres ultimately
c. Project acreage to remain undeveloped 15 . 73 acres.
d. Length of project, in miles: n/a (If appropriate)
e. if the project is an expansion, indicate percent of expansion proposed n/a %;
f Number of off-street parking spaces existing n/a , proposed
g. Maximum vehicular trips generated per hour n/a_ (upon completion of project)?
h. If residential. Number and type of housing units: n/a
One Family Two Family Multiple Family Condominium
Initially
Ultimately
=ec+ of largest proposed structure i1-a height: width. length
,! �r� n/a
2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? —0 tonslcubic yards
3. Will disturbed areas be reclaimed? OYes ONO [IMA
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? OYes ❑No
C. Will upper subsoil be stockpiled for reclamation? OYes ❑No
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? —0— acres.
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
OYes leo
6. If single phase project: Anticipated period of construction 1_2 months, (including demolition).
7. If multi-phased: n/a
a. Total number of phases anticipated (number).
b. Anticipated date of commencement phase 1 month year, (including demolition).
c. Approximate completion date of final phase month year.
d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ONO
8. Will blasting occur during construction? OYes MNo
9. Number of jobs generated: during construction 15 ; after project is complete 0
10. Number of jobs eliminated by this project
0
11. Will project require relocation of any projects or facilities? Yes llo If yes, explain
12. Is surface liquid waste disposal involved? `Yes M'No
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? ❑Yes '_XNo Type
14 Will surface area of an existing water body increase or decrease by proposal? [_:Yes M_No
Explain
15. Is project or anv portion of project located in a 100 year flood plain? IYes ONO
16 Will the project generate solid waste? Yes `N0
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 ves, give name ; location
d. Will anv wastes not go into a sewage disposal system or into a sanitary landfill? Yes =No
e. If Yes, explain
17 Will the project involve the disposal of solid waste? '—Yes MNo
a. If yes, what is the anticipated rate of disposal? tonsl'month.
b. If yes, what is the anticipated site life? years
18. Will project use herbicides or pesticides? CYes ZNo
19 Will project routinely produce odors (more than one hour per day)? ' Yes ENO
20 Will project produce operating noise exceeding the local ambient noise levels? ❑Yes X:-No
21 Will project result in an increase in energy use? —Yes :_XNo
If yes , indicate tvpe(s)
22 If water supply is trom wells, indicate pumping capacity n/a gallonslminute.
13 Total anticipated water usage per day n/a ,ailons day
'_ocai State or Federal tundsn - "` _XNO
25. Approvals Required: Submittal
Type Date
City, Town, Village Board ❑Yes 22No
City, Town, Village Planning Board DYes SNO
City, Town Zoning Board DYes MNo
City, County Health Department ❑Yes L22No
Other Local Agencies MYes ONo Southold' Trustees 10-94
Other Regional Agencies ❑Yes I7No
State Agencies ®Yes ONo NYS DEC Art. 15 & 25
Federal Agencies ®Yes ONo US c:brps of Engineers
C. Zoning and Planning Information
1 . Does proposed action involve a planning or zoning decision? ❑Yes ®No
If Yes, indicate decision required:
Ozoning amendment Ozoning variance ❑special use permit ❑subdivision ❑site plan
Onew/revision of master plan ❑resource management plan Oother
2. What is the zoning classification(s)of the site? Marine II
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
See Attached "
4 What is the proposed zoning of the site? N/A
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
N/A
6. 'Is the proposed action consistent with the recommended uses in adopted local land use plans? ®Yes DNo
7 What are the predominant land use(s) and zoning classifications within a '/4 mile radius of proposed action?
Marine II , Resort Residential, R-40 , one family dwellings
8. Is the proposed action compatible with adjoin ing/surrounding land uses within a '/4 mile? DYes ONO
9. If the proposed action is the subdivision of land, how many lots are proposed? n/a
a. What is the minimum lot size proposed?
10 Will proposed action require any authorization(s) for the formation of sewer or water districts? DYes I3No
11 Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)? DYes [3No
a. If yes, is existing capacity sufficient to handle projected demand? DYes ONo
12. Will the proposed action result in the generation of traffic significantly above present levels? DYes K]No
a. If yes, is the existing road network adequate to handle the additional traffic? DYes ONo
D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or
avoid them.
E. Verification
I certify thatItheinormatio provided above is true to the best of my knowledge.
Appiicantl5ponsor E ( sultants, Inc. by Roy L. Haje Date 10-11-94
Signature Title President
�f hr ,inn .s in hr.Coast I Area, and you are a state agencv, complete the Coastal Assessment Form before oroceedinQ
_'17A• Article XII (Board of Appeals) is i JTibered Article XXV11 and a new fArticle
X11 is added in its place, to proviae"as follows: a
Marine 11 (MII) District
Section 100-120. Purpose.
To provide a waterfront location for a wide range of water
dependent and water related uses which are those uses which
require or benefit Rom direct access to, or location in marine or
tidal waters and which in general are located on major
waterways, open bayfronts or the Dong Island Sound.
Section 100-121. Use Regulations.
In an MII District, no building or premises shall be used and no
building or part of a building shall be erected or altered which
Fs-arranged, intended or designed to be used, in whole or in'
art, for any uses except the following, (one use per
eighty-thousand 80,000) square feet of land above mean high
water, unless otherwise specified):
A. Permitted uses.
One (1) One-family detached dwelling per single and
separate lot of record in existence as of the date o
adoption of this local law.
(2) Marinas for the docking, mooring and accommodation
of recreational or commercial boats, including the sale
of fuel and oil primarily for the use of boats
accommodated in such marina.
Boat docks, slips, piers or wharves for charter boats
carrying passengers on excursions, pleasure or
fishingtrips
or for vessels en a ed in fishery or
shel fishery.
(4) Beach club, yacht club or boat club including uses
accessory to them such as swimming pools, tennis
courts, raguetball facilities. I
Boat yard for building, storing, repairing, renting,
selling or servicing boats which may include the
following as an accessory use: office for the sale of
marine equipment or products, dockside facilities for
dispensing of fuel and where pumpout stations are
provided, restroom and laundry facilities to serve I(
overnight patrons.
(6) Mariculture or aquaculture operations or research and
development.
(7) Boat and marine engine repair and sales and display,
yacht broker, marine insurance broker.
(8) Buildings, structures and uses owned or operated by
the Town of Southold, School Districts, Park Districts
and Fire Districts.
(9) Retail sale_ of rental of fishing, diving, bathing
supplies and equipment it accessory to marine or boat
yard of ships loft or chandlery.
•� l
l
i
--yam rN
i
ENVIRONMENTAL
SERVICES
A4 L--
OCT 1 9 1994
EN-CONSULTANTS INC. TOWN OF SOUTHOL®
1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360
FAX NO. 516-283-6136
October 17, 1994
Mr. John Wieland
New York State Department of
Environmental Conservation
Division of Regulatory Affairs
SUNY, Building 40
Stony Brook, New York 11790-2356
RE: AOUAFOOD PROPERTIES - APP. #1-4738-00728
Dear Mr. Wieland:
Please find enclosed a Long Environmental Assessment
Form, as well as a revised project description for this
recently submitted application.
Please note- that the proposal is to replace (within 1811)
1, 505+ l. f. of existing timber bulkhead, not 1, 047 l. f.
as was previously proposed. The reason for this
discrepancy was that 458 l. f. of harborside bulkheading
to be replaced was not included in the original total.
However, please note that the original plans did indicate
these sections of bulkhead to be replaced.
By copy of this letter, I am requesting that the other
involved agencies similarly amend our application.
Very truly yours,
Robert E. Herrmann
Environmental Analyst
REH: jhg
Enclosure
cc: Southold Town Trustees - w/enclosure
DOS - w/enclosure
PROJECT DESCRIPTION
Replace (within 1811) 1505+ l. f. of existing timber
bulkhead. Maintenance dredge 228+1 (maximum) x 245+1
(maximum) basin and 50±, x 179+1 channel to a maximum
depth of 10 ' below ALW.
Approximately 3800 c.y. of resultant spoil will be used
both for backfill and temporarily deposited in open field
to east of channel previously used as spoil site. Spoil
deposited in stated location will be removed and
deposited at approved upland source.
10 year maintenance dredging permit requested.
c
Albert J. Krupski,President p� OG Town Hall
John Holzapfel, Vice President =� y1 53095 Main Road
William G. Albertsony Z P.O. Box 1179
Martin H. Garrell O Southold,New York 11971
Peter Wenczel y?��l �a0� Telephone (516) 765-1892
Fax (516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
LEAD AGENCY COORDINATION REQUEST
TO: Whom It-May Concern DATE• 10/13/94
Enclosed is a permit application and a completed part I of the
Environmental Assessment Form.
Southold Town Trustees are interested in your ageny' s comments
in acting as SEQRA Lead Agency for:
NAME: Aqua Food Properties LTD
LOCATION: 2835 Shipyard La. East Marion
TAX MAP: 1000-38-7-7.1 PERMIT # Pending
ECRPTN: See attached
P
PERRMIT REQUIRED: ( ) TOWN WETLAND ( ) OTHER �
SEQRA CLASSIFICATION: (X) Type I ( ) Type II
,� ( ) UNLISTED ( ) CEA
Please contact .Albert J. Krupski, J-r. , . Trustee Pres.• 1 Q
days and be advised that the Southold Town Trustee (WANT)P DO
NOT WANT) to assume lead agency.
SENT TO: DOS (� DEC (`�) DOH ( ) PB ( ) ZBA ( ) BLD ( ) ACE
/ CAC
f;&76Y
Please complete, detach and return this form to expedite
processing.
. Involved Agency:
Project Name:
Location:
SCTM:
We at (Have/No) objection to Southold Town
AGENCY _
Trustees assuming Lead Agency.
Comments/Reasons:
Signature of Authorized Representative
Mt,
Albeit J. Krupski. President T
Town Hall
John Holzapfel. Vice President
53095 Main Rbad
William G. AlhertsonZt P.O. Box 1179
Southold, New York 11971
Peter `\,'onczcl-
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Office Use Only
-Coastal Erosion Permit Application
Wetland Permit Application
I OCT 13 1199:744
Grandfather Permit -Application
Trustee Lands Permit Application
WaiverR r SOLI f�
Received- Application. to/I 3/7 TOWN Or SO
Clerical Review:
Completed Applicati6n (%f A)0 V.
Incomplete
SEQRA Classification:
TyDe I� _Type II Unliste
-�-' Coordination: (date spant) /,3 C/
I/ CAC Referral Sent: '°,2.f
Date of Inspection: It` -7 '19 �
Receipt of CAC Report: (dhte) of sq
Lead Agency Determination:
Technical Review: (date) P /4, 9 !� (Zj,4d4A
(2,
K - 104
IY
Decision: Approved, ( IR) 7M-e) i
Public Hearing: (date) . OCT 3
i/'Application Fee: o C)
Name of Applicant Aquafood Properties LTD Partnership
Address 330 South Street, Morristown, New Jersey 07962
Phone Number: ( 516 ) 728-1364
Suffolk - County Tax Map Number: 1000 - 38-7-7 .1
Property Location: 2835 Shipyard Lane, East Marion, New York 11939
(provide LILCO Pole # , distance to cross streets, and location)
Agent: En-Consultants, Inc.
( If applicable) -
Address : 1329 North Sea Road, Southampton, New York 11968
Phone : 516-283-6360
17;3oard of Trustees ApplicF,1-41 on
GENERAL DATA
Land Area ( in square feet) : 796 ,712 square feet
_ Area Zoning: Marine II
Previous use of property: Waterfront Commercial
Intended use of property: Waterfront Commercial
Prior permits/approvals for site improvements:
Agency Date
New York State DEC 12-23-92
Southold Trustees 12-21-92
No prior permits/approvals for site improvements.
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) :
See Attached Project Description
PROJECT DESCRIPTION
Replace (within 18") l. f. of existing timber
bulkhead. Maintenance dredge 228+' (maximum) x 245+'
(maximum) basin and 50±' x 179+' channel to a maximum
depth of 10 ' below ALW.
Approximately 3800 c. y. of resultant spoil will be used
both for backfill and temporarily deposited in open field
to east of channel previously used as spoil site. Spoil
deposited in stated location will be removed and
deposited at approved upland source.
Basin and channel previously maintenance dredged to
-10 ' ALW pursuant to NYSDEC Permit NOS . TW 15278-0156
SP and 1-4738-00728 . Multi-year maintenance permit
requested.
Board of Trustees AppliC-1=.,on
County of Suffolk
Stat` of New York
John 'f. Mulhall BEING DULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT' 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.
i nat
7e « l
r
SWORN TO BEFORE ME THIS �C> DAY OF
JOHN P. STNELKGI
``' �v'��- L� �"✓���J NOTARY PUBLIC, Stote of r4" YQfi'
Notary Public No. 52-387476()
Qu•liFi,j in Suffolk Coun!}9'.!�
l Commission Excires March 30, J
Board of Trustees Applic ' Lon
AUTHORIZATION
(where the applicant is not the owner)
John J'. Mulhall residing at 2835 Shipyard Lane,
(print owner of property) (mailing address)
East Marion, NY 11939 do hereby authorize
(Agent)
En-Consultants, Inc.
to apply for permit( s) from the
Southold Board of Town Trustees oa_LnZ behalf .
(Owner ' s signature) '
Board of Trustees Applic--ion
COASTAL EROSION APPLICATION DATA
Purposes of proposed activity:
Are wetlands present within 75 feet of the proposed activity?
No Yes
Does the project involve excavation or filling?
No Yes
If Yes , how much material will be excavated? (cubic yards )
How much material will be filled? (cubic yards)
Manner in which material will be removed or deposited:
Describe the nature and extent of the environmental impacts
reasonably anticipated resulting from implementation of the
project as proposed. (Use attachments if necessary)
Board of Trustees App lic�{-4,on
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations: To provide erosion control and
create sufficient water depth within the basin and channel for
watercraft.
Area of wetlands on lot: 250-450 square feet scattered Spartina
Patens
Percent coverage of lot: < 1 %
0
Closest distance between nearest existing structure and upland
edge of wetlands: 10 ± feet ( from nearest bulkhead)
Closest distance between nearest proposed structure and upland
edge of wetlands: 10 ± feet ( from nearest bulkhead repair)
Does the project involve excavation or filling?
V
No Yes
If yes, how much material will be excavated? 3800± cubic yards
How much material will be filled? <3800 cubic yards to be used as
backfill
Depth of which material will be -removed or deposited: -10 ' max.
feet
Proposed slope throughout the area of operations:
Manner in which material will be removed or deposited:
Spoil will be dredged by a clamshell bucket crane and used as backfill
or temporarily stored in a 150 ' x 270 ' area east of the basin and
ultimately deposited at an approved upland site.
Statement of the effect, if any, on the wetlands and tidal
waters of the town that may result by reason os such proposed
operations (use attachments if appropriate) :
Deepening of the boat basin will allow its continued use as a
dockage area. Bulkhead replacement will prevent loss of backfill
into the waterway which would require more frequent dredging.
6
14-16-4(2/87)—Text 12
PROJECT I D. NUMBER 6�i.c1 SEOR
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 sponsor)
1 APPLICANT SPONSOR 2. PROJECT NAME
Aquafood Properties LTD Partnership y En-Consultants , Inc.
3. PROJECT LOCATION.
Municipality East Marion county Suffolk
4 PRECISE LOCATION (Street address and road intersections,prominent landmarks,etc.,or provide map)
2835 Shipyard Lane
East Marion, New York 11939
SCTM #1000-38-7-7 .1
5. IS PROPOSED ACTION:
❑New ❑Expansion [3Modificationlaiteration
6. DESCRIBE PROJECT BRIEFLY-
See Attached Project Description
7 AMOUNT OF LAND AFFECTED.
Initially 18 .29 acres Ultimately 18 '2 9 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 VICINITY OF PROJECT?'
❑Residential ❑Industrial Z Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other
Describe:
10 DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL.
STATE OR LOCAL)'?
[3Yes No If yes. list agency(s) and permit/approvals
Corps of Engineers , Department of State, Southold Town Trustees
11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
C Yes No If yes. list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION?
Yes No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name A a pod Prerties LTD Partnershipby
Date. 9-26-94
E - ons t ts , Inc.
e
Signature 11 1
gill
It the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
PROJECT DESCRIPTION
Replace (within 1811) 1047+ l. f. of existing timber
bulkhead. Maintenance dredge 228+1 (maximum) x 245+1
(maximum) basin and 50+1 x 179+' channel to a maximum
depth of 10 ' below ALW.
Approximately 3800 c.y. of resultant spoil will be used
both for backfill and temporarily deposited in open field
to east of channel previously used as spoil site. Spoil
deposited in stated location will be removed and
deposited at approved upland source.
Basin and channel previously maintenance dredged to
-10 ' ALW pursuant to NYSDEC Permit NOS . TW 15278-0156
SP and 1-4738-00728 . Multi-year maintenance permit
requested.
SUFFOLK C.O•Hi 2oM MAP
_ cli � \ EAST MARION
dC jVW , lµaf a�•f �n PSI 25
A
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H F 9~ En C 2
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DEPTH W//nl w,4749G2AFT
3 ALL SUgJECT,9114KNEAD SECnoNS (LZ&Jl MDK 47iE-D
` I a
6Y LENGW)/a 8E eFPzAa-o KLVll✓/S
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1�.of sovTNocc�l�•)M.WAHRENB v � z 1
•S PRQIFcT AT ?.t35 SN/Pyi4�2 n 1.A. E. QIO� _W_ w
Sr-Py nlc- /000-38-7--7-V13
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. . . _. . . .�.,,, -.. , , v
F-....,�,,,M " a �II;�; 1329 NORTH SE6�RO/aQ
ml'
SOUTHAMPTON, NY 11968
® 16-283-6360
u I
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EN-CONSULTANTS, INC.
1329 NORTH SEA ROAD
SOUTHAMPTON•NY 11968
516-283-6360
Ba OF,,sc
PRoPe S.�O
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PROPOSED 6V4kg"AL)
REPT-AGMEN-- (W//Al/8')
A,,JD MA/NrEiVANcE Z)gEDGI/16
FOR A Q UAFOOD PRMERriES L.Tr
PA27WFR5gfp pr/GREEAlPDJQT
IMMoR AI 6AFiPM097;SUFFOLK,N
SNE -r 3 OF 3 J- 7-94
PART 1—PROJECT INFORMAiliON
,Prepared by Project 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, Parts A through E. Answers to these questions will be considered
as part of the application for approval and may be subject 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 specifv
each instance.
NAME OF ACTION
LOCATION OF ACTION (incivae street Address, Municipaiity and County)
I
NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE
En-Consultants , Inc. ( 516) 283-6360
ADDRESS
1329 North Sea Road
STATE ZIP CODE i
I C1TySY0uthamp ton NY 119 6 8
NAME OF OWNER(if different) BUSINESS TELEPHONE
Aquaioou Properties LTD Partnership ( 516) 728-1364
' ADDRESS
2835 Shipyard Lane
C1TYlP0 STATE ZIP CODE
y East Marion I NY I ±±939
DESCRIPTION OF ACTION
.i
See Attached Project Description
I
j
Please Complete Each Question—Indicate N.A. if not applicable
A. Site Description
Phvsical setting of overall project, both developed and undeveloped areas.
1. Present land use: =Urban =Industrial $Commercial O'Residential (suburban) =Rural (non-ram
=Forest -Agriculture =Other
2. Total acreage of project area: 18 . 29 acres
APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETIO-N'
Meadow or Brushland (yon-agricultural) 13 - 7 acres 13 . 7 acres
'Forested acres acres
Agricultural (Includes orchards. cropland, pasture, etc ) acres acres
Wetland (Freshwater or tidal as per Art)cle5.24 25 of ECL) • 009 acres • 009 acres
Water Surface Area (Basin) 1 .4 acres 1 . 4 acres
Unvegetated (Rock, earth or fill) (Shell Drive) • U9 acres • 09 acres
Roads, buildings and other paved surfaces 2 .56 acres 2 .56 acres
Other (Indicate type) ( sump) . 53 acres •53 acres
3 What is predominant soil type(s) on project site? Fill land, dredged material & Beaches
a. Soil drainage Well drained 75 °'o or site =,v)oderately well drained % of site
A'Pooriy drained 25 °'o or -ite
n 't _nv ai:r r,.iturai land is involved, how mann acres r oil are classified within soil group t through 4 or the S
, R R
� ::"; NE'n Svstem� acre_ St- ',701
a . What is depth to bedroc,1- IJ
npproximate.percentage of proposed project site with slopes: [30-10% _0 0 % [310-15%
[]15% or greater % i
Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National
Registers of Historic Places? DYes MNo
'. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes 9No
?. What is the depth of the water table? (in feet)
1 Is site located over a primary, principal, or sole source aquifer? [DYes []No
0. Do hunting, fishing or shell fishing opportunities presently exist in the project area? DYes ❑No
1. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
DYes [NNo According to Roy L.-
Identify
Identify each species
2. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)
[]Yes [TNo Describe
;3. Is the project site presently used by the community or neighborhood as an open space or recreation area?
[]Yes Lilo If yes, explain
;4. Does the present site include scenic views known to be important to the community?
❑Yes 2XNo
15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
:6. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name Greenport Harbor b. Size (In acres)
17. Is the site served by existing public utilities? []Yes 0No
a) If Yes, does sufficient capacity exist to allow connection? n/DYes []No
b) If Yes, will improvements be necessary to allow connection?n/a C]Yes 0No
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA,
Section 303 and 3042 []Yes 'No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL, and 6 NYCRR 6177 ' DYes JNo
20 Has the site ever been used for the disposal of solid or hazardous wastes? DYes [!nNo
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor 18 •Z9 acres.
b. Project acreage to be developed: Z • 56 acres initially; no change acres ultimately.
c. Project acreage to remain undeveloped 15 .73 acres.
d. Length of project, in miles: n/a (If appropriate)
e. If the project is an expansion, indicate percent of expansion proposed n/a
f. Number of off-street parking spaces existing n/a proposed
g. Maximum vehicular trips generated per hour n/a (upon completion of project)?
h. If residential: Number and type of housing units: n/a
One Family Two Family Multiple Family Condominium
InitfalIv
Ultimately
-eet! of largest pr000sed structure n/" height: width: length
l
2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? —0— tons/cubic yards
3. Will disturbed areas be reclaimed? C]Yes ONo [ffNIA
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? C]Yes C]No
c. Will upper subsoil be stockpiled for reclamation? C]Yes ONo
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? _0'_ acres.
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
OYes ONo '
6. If single phase project: Anticipated period of construction 1_2 months, (including demolition).
7. If multi-phased: n/a
a. Total number of phases anticipated (number).
b. Anticipated date of commencement phase 1 month year, (including demolition).
c. Approximate completion date of final phase month year.
d. Is phase 1 functionally dependent on subsequent phases? C]Yes ❑No
8. Will blasting occur during construction? 01 Yes M°No
9. Number of jobs generated: during construction 15 after project is complete 0
10. Number of jobs eliminated by this project
0
11 Will project require relocation ofany projects or facilities? Yes C;No If yes, explain
12. Is surface liquid waste disposal involved? `Yes 'No
a. If yes, indicate tvpe of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? ❑Yes IXNo Type
14 Will surface area of an existing water body increase or decrease by proposal? CYes No
Explain
15. Is project or anv portion of project located in a 100 year flood plain? ( Yes ❑No
16. WWII the project 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 ONO
c. If ves, give name : location
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? -Yes ::No
e. If Yes, explain
17 Will the project involve the disposal of solid waste? '—Yes Z]No
a. if yes, what is the anticipated rate of disposal? tonsimonth.
b. If yes, what is the anticipated site life? years
18. Will project use herbicides or pesticides? GYes :3No
19 Will project routinely produce odors (more than one hour per day)? ' Yes Z)No
20 Will project produce operating noise exceeding the local ambient noise levels? C]Yes X:-No
21 Will project result in,,an increase in energy use? —Yes No
ti
If ves , indicate tvpe(s)
12 !f water suppi, is ;rom wells, indicate pumping capacity n/a gallonsiminute.
n/a
1i nuc :�% -eater usage per day •,&dons day
`':N1O
25. Approvals Required:
Submittal
Type Date
City, Town, Village Board DYes INNo
City, Town, Village Planning Board DYes INNo
City, Town Zoning Board ❑Yes INNo
City, County Health Department DYes ONo
Other Local Agencies MYes ONo Southold Trustees 10-94
Other Regional Agencies DYes I�Io
State Agencies ®Yes ONo NYS DEC Art. 15 & 25
Federal Agencies ®Yes []No US Cbrps of Engineers
C. Zoning and Planning Information
1 . Does proposed action involve a,planning or zoning decision? ❑Yes ®No
If Yes, indicate decision required:
Ozoning amendment []zoning variance Ospecial use permit Osubdivision ❑site plan
Onew/revision of master plan Oresource management plan ❑other
2. What is the zoning class ification(s)of the site? Marine II
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
See Attached
4. What is the proposed zoning of the site? N/A
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
N/A .�
6. 'is the proposed action consistent with the recommended uses in adopted local land use plans? ®Yes ONo
7 What are the predominant land use(s) and zoning classifications within a 'A mile radius of proposed action?
Marine II Resort Residential, R-40 . OnR fa mil diaellin s
8. Is the proposed action compatible with adjoining/surrounding land uses within a '/ mile? DYes 12 No
9. If the proposed action is the subdivision of 'land, how many lots are proposed? n/a
a. What is the minimum lot size proposed?
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? DYes ONo
11 . Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protectiv-1). ❑Yes 13No
a. If yes, is existing capacity sufficient to handle projected demand? DYes ONo
12. Will the proposed action result in the generation of traffic significantly above present levels? (]Yes K]No
a. If yes, is the existing road network adequate to handle the additional traffic? []Yes ONo
D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or
avoid them.
E. Verification
I certify that th in ormation provided above is true to the best of my knowledge.
Applicant/Sponsor Na e En C sultants , Inc. by Roy L. Ha 'e
Date 10-11-94
Signature Title President
If 'he .c-inn is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form hPfnro
1 •� 1
17A, Article XII (Board of Appeals) is renumbered Article XXVII and a new AArticle
X11 is added in its place, to provide as follows: a
■ Marine II (MII) District
Section 100-120. Purpose.
To provide a waterfront location for a wide range of water
dependent and water related uses which are those uses which
require or benefit from direct access to, or location in marine or
tidal waters and which in general are ' located on major
waterways, open bayfronts or the Long Island Sound.
Section 100-121. Use Regulations.
In an Mil District, no building or premises shall be used and no
buildinq or part of a building shall be erected or altered which
is arranged, intended or designed to be used, in whole or in
art, for any uses except the following, (one use per
eighty-thousand 80,000) square feet of land above mean high
water, unless otherwise specified):
A. Permitted uses.
r —
One (1) One-family detached dwelling per single and
separate of ot record in existence as of the date o
adoption of this local law.
(2) Marinas for the docking, mooring and accommodation
of recreational or commercial boats, including the sale
of fuel and oil primarily for the use of boats
accommodated in such marina.
(3) Boat docks, slips, piers or wharves for charter boats
carr in assen ers on excursions, pleasure or
fishingtri s or for vessels engaged in fishery or
shel fishery.
(4) Beach club, yacht club or boat club including uses
accessory to them such as swimming pools, tennis
courts, raquetball facilities.
5) Boat yard for building, storing, repairing, rentinq,
selling or servicing boats which may include the
following as an accessory use: office for the sale of
marine equipment or products, dockside facilities for
dispensing of fuel and where pumpout stations are
provided, restroom and laundry facilities to serve Il
overnight patrons.
(6) Mariculture or aquaculture operations or research and
development.
(7) Boat and marine engine repair and sales and display,
yacht broker, marine insurance broker.
(8) Buildings, structures and uses owned or operated by
the Town of Southold, School Districts, Park Districts
and Fire Districts.
(9) Retail sale of rental of fishing, diving, bathing
supplies and equipment it accessory to marine or boat
yard of ships loft or chandlery.
L
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