HomeMy WebLinkAboutTR-3784 Glenn Goldsmith,President ®t so � Town Hall Annex
54375 Route 25
A. Nicholas Krupski,Vice President ®� ®�®
P.O. Box 1179
Eric Sepenoski 1 Southold, New York 11971
Liz Gillooly Telephone(631) 765-1892
Elizabeth Peeples , �� Fax(631) 765-6641
C®UWN,�,
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
June 15, 2023
Thomas & Jennifer Smith
3121 Oaklawn Avenue
Southold, NY 11971
RE: 3121 OAKLAWN AVENUE, SOUTHOLD
SCTM# 1000-70-6-10
Dear Mr. and Mrs. Smith:
The following action was taken by the Southold Town Board of Trustees at their Regular
Meeting held on Wednesday, June 14, 2023:
RESOLVED that the Southold Town Board of Trustees approve the request for a
Transfer of Wetland Permit 43784 from Janet Maddams to Thomas & Jennifer Smith, as
issued on October 20, 1989.
This is not an approval from any other agency.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
�*' 419 `
Glenn Goldsmith
President, Board of Trustees
GG:dd
t.-
Glenn Goldsmith,President ��0S,3FFO(/(CDG Town Hall Annex
A.Nicholas Krupski,Vice President 54375 Route 25
Eric Sepenoski P.O.Box 1179
Liz Gillooly �y • o`er Southold,NY 11971
Elizabeth Peeples �Ol Telephone(631)765-1892
Fax(631)765-6641
Southold Town Board of Trustees
Field Inspection Report
Date/Time: �vne S, ID .3 Completed in field by: &t,4A ?Wb_ (
THOMAS & JENNIFER SMITH request a Transfer of Wetland Permit#3784 from Janet
Maddams to Thomas & Jennifer Smith, as issued on October 20, 1989. Located: 3121
Oaklawn Avenue, Southold. SCTM#: 1000-70-6-10
Type of area to be impacted:
Saltwater Wetland Freshwater Wetland Sound Bay
Part of Town Code proposed work falls under: Chapt.275 Chapt. 111 other
Type of Application: Wetland - Coastal Erosion Amendment
_Administrative Emergency Pre-Submission Violation
Notice of Hearing card posted on property: Yes No Not Applicable
Info needed/Modifications/Conditions/Etc.:
�4,rataln�rwr�yd
Present Were: G. Goldsmith N. Kr ski E. Sepenoski
L. GilloolyE. Peeples
May 23,2023
Dear Town of Southold and Board of Town Trustees,
W W 6c,1 `�
As current owners of 3121 Oaklawn Avenue in Southold, permits and amendments
related to our dock and bulkhead transferred into our names: Thomas Smith and Jennifer•Smith
This includes" " Permit#2072 dated September 25, 1985, Amendment letter dated
June 30, 1997 and Amendment letter dated June 2, 2000. It also includes"but is not limited to" Permit
37$� #kSstfor the bulkhead. (Note: We believe that the reference in the letter dated June 2, 2000 to Permit
#2280 is a typographical error.)
We give Southold Town permission to go onto our property as needed. We also request that the name
change on all our dock and bulkhead permits be placed on the next available Board Hearing agenda.
Once again,we kindly request that all permits and amendments related to our dock and bulkhead at
3121 Oaklawn Avenue in Southold be transferred into our name.
Thank you.
Thomas and Jennifer Smith
Fn
iI�
MAY 2 4 2023
Boar; o.7rusiees
Boated Of SouthOld Town Trustees
SOUTHOLD, NEW YORK
PERMIT NO. 3.78~ DATE: ..Dct......20.,.1989
JANET MADDAMS
ISSUED TO .....................................................................................................................................
PUrsuan+ fo ~rhe provisions of Ch&pier 6 5 of +he Laws o{
fha S~afe of New York*,r 1.893; and Chap+er 404 of fha Laws of +he
Sfafe ,o,f New York 1~52: and +he Sou+hold Town Ordinance
tiffed "REGULATING.~AND THE PLACING OF OBSTRUCTIONS
IN AND .ON TOWN' WATERS AND PUBLIC LANDS and fha
REMOVAL OF SAIqDi GRAYEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" and in accordance wifh +he
Resolution of The Board adop'fed a+ a macring held on Oct. !.c/
19 8.~), 'and in consideration of fha sum of $.. paid by '
of ........................................................................... N.Y. and sub, iecf fo the
Terms and Condlflons Ils+ed on fhe reverse side hereof,
of Sou+hold Town Trusfees aufhorlzes and permifs +he following;
Construct :~ bulkhead within 18"o£ existing bulkhead on
located on R. O. W. e/s of~Oaklawn Ave., Southold, NY with
condition that contractors replace marsh at location decided by
B°a~n accordance wlfh +he defalJed speclflca~ions as presenfed in
+he originating appllca~'ion.
IN WITNESS WHEREOF, The said Board of Trusfees here-
by causes ifs Corporafe Seal fo be affixed, and fhese presenfs fo
be subscribed by a m~jorlfy of +he said Board as of +his daf,e.
TERMS and CONDITIONS
The Permittee JANET Maddams
residing at 1~. O. W e/s Oaklawn Avenue. Southold N.Y., as
pazz of the consideration for the issuance of the Pesmit does understand and prescribe to the roi-
/owing:
1. That the said Board of Trustees and the Town of Southold are released from any and
all damages, or d~i,-~ for damages, of suits arising direetly or indirectly as a rasult of any opur-
ation performed pursuant to this permit, and the said Permietee will, at his or her own expense,
defend any and all such suits initiated by third parties, and the said Permittee assumes full liability
with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Sour. hold
2. That this Permit is valid for a period of 24 mos. which is considered to be the
estimated time required to complete the work involved, but should circumstances warrang request
for an extension may be made to the Board at a later date.
3. That this Permit should be retained indefinitely, or as long as the said Pemaittee wishes
to maintain the structure or project involved, to provide evidence to anyone concerned that auth-
orization was originally obtained.
4. That .the work involved will be subject ro the inspection and approval of the Board or
its agents, and non-compliance with the provisions of the originating application, may be cause for
revocation of this Permit by resolution of the said Board.
5. That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
6. That there shall be no interference with the fight of the public to pass and repass along
the beach between high and low water marks.
7. That if future operations of the Town of Southold reciulze the removal and/or alterations
itl the location of the work herein authorized, or if, in the opinion of the Boax'd of Tx'nstees~ the
work shall cause unreasonable obstructaon to free navigation, the said Permlttee will be requl~
upon due notice, to remove or alter this work or project herein stated without expenses to the Town
of Southold.
8. That the said Board will be notified by the Permiaee or the COmpletion of the work anth-
orized.
9. That the Permittee will obtain ali other permlt~ and consan~ ~that ma7 be requlred ~p-
plemental ro this permit which ma>, be subject to revoke upon failure to ohiain ~me.
FRANK A. KUJAWSKI, JR.,Preside~ TELEPHONE
ALBERTJ. KRUPSKI, JR.,Vlce-~eslde~ t516) 765-1892
JOHN M. BREDEMEYER, III ~
JOHN L. BEDNOS~, JR.
HENRY P. S~TH
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York [ 1971
October 24, 1989
En Consultants, Inc.
1329 North Sea Road
Southampton, NY 11968
Re: Ap~. No.8-3-89-70-6-10 Maddams
Dear Mr. Haje:
The following action was taken by the Board of Town Trustees
during their regular meeting held on October 19, 1989 regarding the
above matter:
WHEREAS, En Consultants on behalf of JanetMaddams applied to the
Southold Town Trustees for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated August
3, 1989 and,
WHEREAS said application was referred to the Southold Town
Conservation Advisory Council for their findings and recommendations,
and,
WHEREAS, a public hearing was held by the Town Trustees with respect
to said application on October 19, 1989 at which time all interested
persons were given an opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar
with the premises in question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation
submitted concerning this application, and,
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 En Consultants ON BEHALF OF Janet Maddams BE AND
HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO:
Construct 125' bulkhead within 18" of existing bulkhead on property
located on R. O. W. e/s off Oaklawn Avenue, Southold, NY, with
condition that contractors replant marsh at location designated by
the Board.
This permit will expire two years from the date it is signed if
work has not commenced by said date. Fees must be paid and permit
issued within six months of the date of this notification. Two
inspections are required and the Trustees are to be notified upon
completion of said project.
Please return to the Building Department for a determination on
the need for any other permits which may be required for this project.
Permit will be issued upon payment of the following fees for
work to be done below Mean High Water Mark:
95 Lineal feet @ $6.00 = $570.00 due
Very truly yours,
Frank A. Kujawski, Jr~.~
President ~
Board of Town Trustees
FAK:jb
cc: CAC
File
BOARD OF TOWN TI1UfiTEE$
TOWN OF
Town Hall, 53095 Ma~ Road
EO. Box- 728
~uthold, New York 119:71
A~LICAT!ON tS ~Y ~E ~ ~ ~: ~U~S, ~ OF SOU~O~, ~FFO~
CO~ ~ ~ YO~, .F~ ~ ISSU~CE OF a ~T P~SU~T~
O 'N CES GU T ONS
~OOD PLAINS ~ D~iNAGE ~ OF ~O~~ ~, ~ ~ ISSU~CE OF
PE~S P~SU~ TO ~T~ 32 OF ~ CODE ~ ~ TO~ ,OF ~OLD.
~PLICATION NO. ~- 3' ~q" 7~- ~ --~ DATE August 1, 1989
APPLIC~'S N~E: Janet Maddams ~L. NO. 914-769-1699
~ILING ~DRESS: P.O. Box 306, Chappaqua, New York 10514
AG~T: Eh-Consultants, Inc. ~L NO. 516 -283-6360
A~ ~D~SS: 1329 North Sea Road, South~pton, New York 11968
P~IT ~QUEST~ TO: SEE ATTACHED
~O~TION OF PROP~ FOR ~UESTED PE~XT: r.o.w, e/o Oaklawn Avenue,
Sougholfl
HA~ET: - SouLhoifl
T~ ~P ~O: ~000- 70-6-~0
C~, BAY OR ~OR ~O~ING PROPERS: Jockey Creek
SIZE OF PROPOSED WO~:
L~GTH: See attached
WI~: " "
PROJECT DESCRIPTION
Replace (within 18") 118 1.f. of bulkhead, all sections
of which lie in close proximity to existing house. Bulk-
head sections on w/s (13') and e/s (68') will be re-
moved and replaced. Purpose for wanting to remove and
will be ~ruOked in from upland source.
App. Page 2.
YDS. TO BE EXCAVATED: N/A YDS. TO BE FILLED: N/A
MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED:
N/A
WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY:
DEPTH AT LOW TIDE: AVER. RISE IN TIDE:
DISTANCE TO NEAREST CHANNEL: N/A
DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: 0
AREA ZONING: R-40 IS PROJECT FOR PRIVATE OR BUS. USE: Private
INTENDED USE OF PROPERTY: Residential - no change
DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES:
None known.
HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE,
OR DEPOSIT FILL ON SAID PREMISES: N/A
HAS ANY LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A GO--AL
AGENCY: N/A
DESCRIBE FULLY THE REHABILITATION OF PROPERTY:
N/A
DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE
AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY:
,ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT
THIS PROJECT: None known
WHI'±-i'EN CONSENT OF OWNER IF NOT THE SAME AS APPLICANT:
See attached
COUNTY OF SUFFOLK )
STATE OF NEW YORK )
Roy L. Haje BEING DULY SWORN DEPOSES
IN THE TRUSTEES, THEIR
INDINSPECTTHEPREMISES
Signature of Applicant
SWORN TO BEFORE ME THIS DAY OF , 19
NOTARY PUBLIC
EXAMINED BY
APPROVED
DISAPPROVED
CONDITIONS (If any);
SIGNATURE OF CHAIRMAN
COMPUTATION OF FEES
Approved 2/27/85
J
aanp-t =,q. dll,,dam,
f . LO. Box 306
69a#paqua, chew Tozk 10514
7y?
Je
i �
CHECK OFF LIST FOR APPLICATIONS -
1 . Date Application Fee Paid: Olefl
Ar�tNp�
2. Paid $35. 00 Waiver Fee with request/ letter:
3 . Inspection date. ���G .�ro /�ff—
4. Assessed as: , r
5. Date sent to CAC: 91-7
6 . CAC Comments• ,Grr E
I If
7 . Declared Lead Agency: {
8. D.E.C. permit f Letter. ;AN
9. Army Corp Permit: -- � �'SEssy�yT- y/a��9
y10. Public Hearing Date: .� ► aI.GOl�rC,, 7 �
11. Determination:
12: Fees paid - Per t issue ��h% /� "/ •�P,�,
r
95-20.6(9186)-25cNE i ORI�`TATE DEPN')
ARTM T OF ENVIRONMENTAL CONSERVATION
`t`�,
DEC PERMIT
RMIT NUMBER _ 3s_ .,l4 EFFECTIVE D TE
FACILITYIPROGRAM NUMBER(s)\' q�+
' S� �Rt.MIT EXPIRAT ON DAT (s)
�(�, Under.-We Environmental Conservation Law
"
0'`,`°
F '
Article 15, Title 3; 6NYCRR32' , 6NYCRR 608: Article 5:
328, 329: Aquatic PesticiAes N Water Quality Certification Tidal Wetlands
TitleArticle 15,
Protection ofWat r SPDES 17, Titles 7, 8: Solid)Waste IManagement* 360:
Article pp Title 15: Article 19:
3
Water Supply
APollution Control* Hazardous Waste Management
Article 15, Title 15: Article 23, Title 27: Article 34:
Water Transport Mined Land Reclamation Coastal Erosion Management
Article 15, Title 15: Article 24: Article 36:
Long Island Wells Freshwater Wetlands Floodplain Management
Article 15, Title 27: N—New, R—Renewal, M—Modification, Articles 1, 3, 17, 19, 27, 37;
Wild, Scenic and Recreational C—Construct (*only), 0—Operate (*only) 6NYCRR 380: Radiation Control
Rivers
PERMIT ISSUED TO7
RESS OF ERMITT�/' ,6, 0,4(/�
A T FOR PE MITTEEICONT CT PERSON TELEPHONE NUMBER
NAME ND DDAS
PRQJECT/FACILITY(If differ nt from Permjtfee� C
,WCATIOP OF 140 ECTIFACI ITY CO TY TOW�LLA�/ E UTM COORDINATES
(,bESCRIPTIOA OF AUTHORIZED ACTIVITY
Remove and replace in the same configuration linear feet of existing functional
bulkhead and place /D cu. yds. of backfill . Sfr i 7`l�i� ��l(o iS17
nc a bvl)eL,eal/klov-,ez� iff o h4) c�a � A
GENERAL CONDITIONS
By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compli-
ance with the ECL,all applicable regulations and the conditions specified herein or attached hereto.
1. The permittee shall file in the office of the appropriate regional permit administrator,or other office designated in the special conditions,a notice of intention to commence
work at least 48 hours in advance of the time of commencement and shall also notify himther promptly in writing of the completion of the work.
2 The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if
the public interest so requires pursuant to ECL§71-0301 and SAPA §401(3).
3 The permittee has accepted expressly,by the execution of the application,the full legal responsibility for all damages,direct or indirect,of whatever nature,and by whomever
suffered,arising out of the project described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and descrip-
tion resulting from the said project.
4. The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when:
a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found;or
b) the permit was obtained by,misrepresentation or failure to disclose relevent facts;or
c) newly discovered information or significant physical changes are discovered since the permit was issued.
5. The permittee is responsible for keeping the permit active by submitting a renewal application,including any forms,fees or supplemental information which may be required
by the Department, no later than 30 days(180 days for SPDES or Solid or Hazarduous Waste Management permits)prior to the expiration date.
6. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the
permitted work or as authorizing the impairment of any rights,title or interest in real or personal property held or vested in a person not a party to the permit.
7 The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way which may be required for this project.
8 Issuance of this permit by the Department does not,unless expressly provided for,modify,supersede or rescind an order on consent or determination by the Commissioner
issued heretofore by the Department or any of the terms,conditions,or requirements contained in such order or determination.
9. Any modification of this permit granted by the Department must be in writing and attached hereto.
PER IT ISSUANCE DATE PERMIT ADMINISTRATOR
REGI."; 1 DUZ1-D:^:G 5.0
AUTH IZED ICNATURE „/ ' n ` 11794
•i1i
Page 1 of
F•20-6a l 0 8b—2 5 c Proli on of Water
9; 1
ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34, 36 and 6 NYCRR Part 608( - Water Quality Cert. )
10 That if future operations by the State of New York require an al- other environmentally deleterious materials associated with ;fie
teration in the position of the structure or work herein authorized, or project.
if, in the opinion of the Department of Environmental Conservation 14 Any material dredged in the prosecution of the work herein permitted
it shall cause unreasonable obstruction to the free navigation of 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 of a waterway or tloodplain or deep holes that mar ha%e 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 15 There shall be no unreasonable interference with navigation by the work
thereby without expense to the State, and if, upon the expiration or herein authorized.
revocation of this permit, the structure, fill, excavation, or other 16 If upon the expiration or revocation of this permit. the 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 of 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. 17 If granted under Article 36. this permit does not signify in any wav
11 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 18 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
12. 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 19 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. _
13. All necessary precautions shall be taken to preclude contamination
of any wetland or waterway by suspended solids, sediments, fuels.
Such approved plans were prepared by
/1 Fit/C S
solvents, lubricants,epoxy coatings.paints,concrete, leachate or any don
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 l
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 I
j 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.
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.
DEC PERMIT NUMBER
G /
PROGRAMIfACILITY NUMBER
Page 2 of �'4
` J
95.20.64•(7'87)-25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
i'
For Article 15 � Protection of Water & Water Quality Cert. 1 i
i
8. All fill must be from an approved source and consist of clean gravel and
soil . Use of asphalt, slag, fly ash, 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 wetland is
to be jetted in with minimal disturbance to the tidal wetland. Trenching
is strictly prohibited.
Regional Permit Administrator
NYS Dept. of Environmental Conservation
Building 40, SUNY - Room 291
Stony Brook, NY 11794
(516) 751-7900
DEC PERMIT NUMBER
/v - J3 �
FACILITY ID NUMBER PROGRAM NUMBER
Page 3 of /�
SUPPLEMENTARY SPECIAL CONDITIONS
The following conditions apply to all permits:
A. If any of the permit conditionsare unclear,the permittee shall con-
tact the Division of Regulatory Affairs at the address and telephone
noted below.
B. A copy of this permit with supplementary conditions and approved
plans shall be available at the project site whenever authorized
work is in progress.
C. The permit sign enclosed with the permit or a copy of letter of
approval shall be protected from the weather and posted in a con-
spicuous location at the work site until completion of authorized work .
D. At least 48 hours prior to commencement of the project, the permittee
shall complete and return the top portion of the enclosed receipt form
certifying that he is fully aware of and understands all provisions and
conditions of this permit . Within one ;week of completion of the
permitted work, the bottom portion of that form shall also be com-
pleted and returned.
E. For projects involving activities to be accomplished over a period of
more than one year, the permittee shall notify the Regional Permit
Administrator in writing at least 48 hours prior to the commencement
of resumption of work each year .
F. If project design modifications take place after permit issuance, the
permittee shall submit the appropriate plan changes for approval by
the Regional Permit Administrator prior to undertaking any such modi-
fications. The permittee is advised that substantial modification
may require submission of a new application for permit .
G. All necessary precautions shall be taken to preclude contamination of
any wetlands or waterway by suspended solids, sediment, fuels,
solvents, lubricants, epoxy coatings, paints, concrete, leachate or
any other environmentally deleterious materials associated with the
project work .
H. Any failure to comply precisely with all of the terms and conditions
of this permit, unless authorized in writing, shall be treated as a
violation of the Environmental Conservation Law.
DEPARTMENT OF THE ARMY _
NEW YORK DISTRICT. CORPS OF ENGINEERS
JACOB K. JAVIT3 FEDERAL BUILDING
NEW YORK. N.Y. 10278-0080 " r
4..45k•
MftV To;
nr
wrTsuT�oq°' August 11, 1989 it 1
Operations Divisions
Regulatory Branch r�
SUBJECT: Application No. 89-0836-L2 by Janet Maddams, � 7, � . '
Ms. Janet Maddams
c/o En-Consultants, Inc.
1329 North Sea Road
Southampton, New York 11968
Dear Ms. Maddams:
We have received your request (Application No. 89-0836-L2) to
replace 118 linear feet of timber bulkhead within 18 inches of an
existing bulkhead with 10 cubic yards of attendant backfill in Jockey
Creek, Shelter Island Sound at Town of Southold, Suffolk County, New
York.
Our review indicates an individual project-specific hermit is not
required. Based upon the material and information you have submitted,
it appears the activities within our jurisdiction could be accomplished-
under an existing Department of the Army nationwide general permit. The
nationwide general permit is prescribed at/Title 33 of the Code of
Federal Regulations. A copy of this part of the Federal Regulations -
par�. '30.5 (a) (3) is enclosed with the appropriate section marked .for
1 c Ulr cdDI aiiiarAce. `nie work may be performed without furore' curftact.
with our office, provided the enclosed permit conditions are adhered
to.
Your attention is specifically directed to the conditions .of the
nationwide general permit and the recommended construction management
practices. These items are highlighted on the enclosed copy of the
Federal Regulations. The management practices are to be followed to
the maximum extent practicable. Care should be taken so that
construction materials, including debris, do not enter any waterway to
become a drift or pollution hazard.
You are to contact appropriate State and local government
officials to ensure that the subject work is performed in compliance
with their requirements. In order for this nationwide permit to be in
effect for your proposal, it is required that you obtain a Water
Quality Certification from the New York State Department of
Environmental Conservation if your proposal contains any fill
activities, as well as any other required permits. Failure to do so
may subject you to enforcement action under State and/or Federal Law.
CENAN-OP-RE
SUBJECT: Application No. 89-0836-L2 by Janet Maddams
This determination is valid for a period of two years from the
date of this letter. No further contact with this office will be
necessary provided the proposed work is completed within this time
period.
Sincerely,
Enclosure James W. Haggerty
Chief, Eastern Permits Section
41254 Federal Register / Vol. 51, No. 219./ Thursday, November 13, 20-08 / Rules,end Regulations -
(vii)Description of improvements to Depar�ent,whethersuch actions oocui modifications,if.siry,to the-nationwide
,navigation"not listed ir.paragraph(c)(5) within or outside the navigable areas. permits can be obtained from the
of this section: (c)Specific inquiries regarding the appropriate district engineer.
(4)Nature ani:location of sig;ifca-lt jurisdiction of the Corpe of Engineers Nationwide:permits are designed to
obstructions to navigation in portions of can be answered only after a allow certain activities to occur with
the waterbody used or potentially determination whether(1)the waters little,if any.delay or paperwork.
ca- ,oz_•te ocase it :^rn,r-r ..:c ^anoere: ars ns':igsble waters of the!united NaVonwid4 permite'are valid onw'iu�
only if the
(5)Authorized prclects: States or(2)if.�oi navigabie,whether t:atii�,wila-apj.uc&ure l0 the netiOn
(i)Nature.condition and location of the proposed type of activity may permits are met.Failure to comply with
any Improvements made under projects nevertheless so affect the navigable a condition not necessarily mean
authorized by Congress; waters of the United States that the the activity cannot be authorized but
(ii)Description of projects authorized assertion of regulatory jurisdiction is rather that.the activity can only be
but nct cons1ructei deemed necessari. authorized�y an in or regional
(tui)List of known survey occumerts permit.Several of the nationwide
or reports describing the wet., Y: §329.16' Uw wed watrttastartea.ot tens of
determbrrt�osta permits require notification to the
(6)Past or present inierstate district engineer prior to commencem••nt
commerce: (a)Tabulated lists of rural.
(i)General types'.extent,and Y of the authorized activity.The
YP period in maintained in of di navigability aro to be procedures for this notification are
time: maintained in each district office,and located at f 330.7 of this Part.
(ii)Documenlation if necessary: be updated as necessitated by court Nationwid ermits can be isdui%d to
(7)Potential-"a for interstate decisions,-jurisdictional inquiries.or satisfy the quirt!mentt of section 10 of
commerce.if aF-!lieabie: . other changed conditions.
(i)It to nature;condition: (b)It should be noted that the lists the Rivers rid Harbors Act of 1'A99,
(ti)If is graved: represent Doty those w�aterbedies'for section of the Clean Water Act,
(a)Ndture o!j.irisdiction known to which determinations have beenmade: andJor sec ion of the Statin
have been exercised by Federal absence from that list should not be Protection,Reseatirch end Sancti arias
agencies if any: taker.as an indication that the Act.Thee pli authority is
(9)State or Federal court decisions waterbody is not navigable. indicated t thea end of each net onwide
relating to naviFdbility of the (c)Deletions from the list are not permit•
waterbody.if ary. authorized.If a change in status of a f 330.2 pada;
(10)Remarks. waterbody from navigable to non-
(11)Finding of navigability(with date) navigable is deemed necessary,an (a)The definitions of 33 CFR'Parts
and recommendation for determination updated finding.should be forwarded to 321-329 are applicable to the le-ms used
the division.engineer,changes are not in this Part..
1329.15 ermi titqut. npartttnp (b)The term"headwaters"moons the
iletenntnattons considered final until a determination
has been made by'the divisiopoint on a:rigortidal.etream.abuve whichn•engineer.
(a)Findings and determinations the average annual flow is less than five
should be made whenever a question PART 330—NATIONWIDE PERMITS cubic feet per second.The district
arises retarding the navigability of a engineer may estimate this point from
w o:e-Lr .W' -e no determination hoc ."` available data by using the mean annual
'
been made.•report 33,7: Genera'. i of findings will be 330.2 Deftnit:ons. area pre'doitation,area drainage basin
31C.3 Activities occuring befor
prepared and forwarded to the division e certainmaps,and the average runoff eoefficteni.
engineer,as described above.Inquiries dates. -: * ' -or by similar means.For streams that
may be answered by an interim reply 3Jo.4 public notice. are dry for long periods of the year,
which ind:catec that a final agency 330.5 Nationwide penrits. district engineers may establis(t the
d?lermination oust be made by :he 33C 6 M,ndprr^ent prectices. "headwaters-as that point on the
di.fete:Engmeer.If a need develops for 3307 Notification procedures. stream where a flow of five cubic feet
an energency determination.district 330.6 Discretionary Authority. per second is equaled or exceeded 50
en :peers may act in re:iance on a 3.09 State weter qu;;M certification.
8 > > percent of the time.
finding prepared as in Section 329.14 of 33,110 Coss tai Zone Mansgement c Discretions
this Part.The report of findings should eorsisiency determination. ( 1 Discretionary authority means the
apo } g _33011 Notionwide permit verification. authority delegated to division engineers
then be(orwarde.,to t..r d.%jeion Eap:ration of nationwide pertriif. in(j 330.a of this part to override•-
engineer on an expedited basil. Authority:33 U.S.C.4M ei seg.33 US.G provisions of nationwide perm:is.to add
'(b)Where determinations have been 1344:33 U.S.C,1413. regional conditions,or to require
mane by the division engineer,inquiries individual permit applies-.;on.
regaidingthe notigobilityofspecific i=•1 General.
portions of waterbodies covered by The purpose'of'this reguldtibn is to 1330.3
um Ac*Atiss occurringbefore cortaln
these determinations may be answered describe the Department of the Army's
as follows: (DA)nationwide permit program and to The following activities were
This Department.in the list all current nationwide permits which permitted by nationwide permits issued
administration of the laws enacted by have been issued by publication herein. on July 19.29T1,and unless modified do
Congress for the protection and A nationwide permit is a form of general not require further permitting:
preservation of the navigable wate.-s of permit which may authorize activities (a)Dischirgei of-dredged or fill
the United States,has determined that throughout the'nation.(Another type of materia(ini6waten of the United States
(River)(Bay)(Lake.etc.)is a general permit is a"tegional.permit" outside the limits of navigable waters of
navigable water of the United States and is issued by division or district the United States that occurred before
from to .Actions which engineers on a regional basis in the phase-in dates which'begar.July 25.
modify or otherwise erect those waters accordance with 33 CFR Pari 325). 1075,and extended section 404
are subject to the jurisdiction of this Copies of regional conditions and jurisdiction to all waters of the United
Federal Register / Vol. 51, No. 219'/' Thuraoay, November'13,•16881 Ride's and Regulations. 41255
States.(These phase-in dates are:After (3)The repair,rehabilitation.or separation scheme(where such limits
July 25.7975,discharges.nio navigable replacement of any previously i have not been designated or where
waters of the United States end authorized.currently serviceable. change's are anticipated,district
adjacent wetlands;after September 1, structure or fill,or of any currently engineers.will consider recommending
1978,discharges into navigable waters services ble.structure or fill constructed the discretionary authority provided by
of the United States Find their primary prior to.the requirement for. ' 330.8 of this Part,and further subject to
tributaries.inciudir.g adiecenr wetiands authorizalon,proAded.sar�rtoe.:r �i . - -. .i,.ie.:ry•.•.r+r.,i�•����
and into nbiural lakes.greater than 3' rehabilitstion,.or replacement dues not In"33 Lirim 344.5(1)(section 101.
acres in surface area:and after July i. . result in a deviation from the plans of. (9)Structures.placed within anchorage
1977.dischargea into all waters of the the original structure or fill.and further or fleeting areas to.facilitate moorage of
United States.)(Section 445) provided that the structure'or fill has not vessel's where such areae have been
(b)Structures or work completed been put to uses differing from uses etftebliihed for that purpose by the U.S.
before December 18.1968,or in specified for it In any permit authorizing COlSf Guard.(Section 10)
waterbodies over which the district Its original construction.Minor (10)Non-ornmercial,single-boat.
engineer had not asserted jurisdiction at deviations due to changes in materials mooring buoys.(Sectiomio)
the time the activity occurred provided. or construction techniques and which . (11)Temporary buoys and markers
in both instances.there is no are necessary to make repair, placed'for recreational use such as
interference with navigation.(Section rehabilitation,or replacement are water skiing and boat racing provided
10) permitted.Maintenance dredging and that the buoy or marker is removed
fi 230.4 public nonce. beach restoration are not authorized by within:30 days after its use has been
(a)Chief ojEngineers.;Upon proposed 404)nationwide permit: Section 10 and discontinued.At Corps of Engineers
issuance of new nationwide permits. (4)Fish and wildlife harvesting reservQuy,the reservoir manager must
modification to,or reissuance of, approve eacY•(Section 10h buoy or marker
devices and activities such as pound individual! )
existing nationwide permits,the Chief of nets.crab traps•eel pots;lobster.traps,
Engineers will.publish a notice in the dunk blinds.•and-clam and oyster (12)Discharge of material for backfill
Federal Register seeking public digging.(Section 20) or bedding for utility lines.including
comments and including the opportunity (5)Staffgages.
a ea.tide a oulfall[and{ptake structures.provided
8.R t gee;water there ip ho change in p�econctruction
for a public hearing.This notice will recording devices,water quality testing bottom contours(excess material must
state the availability of information at and improvement devices:.snd similar be removed to s(excess disposal area).
the Office of the Chief of Engineers and scientific structures:(Section b "utility line'`ia defined as atiy pipe or
at all district offices which reveals the (6)Survey activities Inc]ilding cote
Corps'provisional determination that sampling,seismic exploratory pipeline for the transportation ofany
the proposed act ivities*comply with the operations,and plugging of seismic shot gasebt s,liquid.liquifiabie.or slurry
requirements for issuance under general holes and other exploratory-type bore substance,for any pur obe,and any
permit author i:y.The Chief of Engineers holes.Drilling bf exploration-type bore cable,line.or wire for the transmission
will prepare this information which will holes for oif and gas exploration is not for any purpose of electrical energy,
be supplemented.if appropriate,by authorized by this nationwide permit. telephone and telegraph-messages,and
dwsinn erzinee!s the.plugaing of such holes is authorized. radio ind television communication.
(t,)D.sirict engineers.Concurrent (5ect:611s 10 and 404). (Ihe-t li!ity line and oc•fali and.intake
with publication in the Federal Register (7)Outfall structures and associated structures will require a Section 10
of proposed.new.or reissued intake structures where the effluent from permit,'if in navigable waters of the
nationwice permits by the Chief of that outfall has been permitted under United States.See 33 CFR Part 322.See
F.noineers.d.strict engineers will so the National Pollutant Discharge also paragraph(a)(7)of this se:tion).
no:;fy the loncwn interesied public by an Elimination System program(Section (Section 404)
appropriate notice.The notice will 402 of the Clean Water Art)(see 40 CFR (13)tan)t stabilization activities
include regional conditions.if any. Ptiri 722)provided that the district or provided:
developed,b) the d:visior.engineer. division engineer makes a determination (i)The bank stabilization activity is
that the individual and cumulative legs than 500 feet in length:. -
4 330.5 Nationwide permits. adverse environmental effects of the (ii,)the activity is necessary.for
(R)Authorized activities The structure itself are minimal sir erosion prevention:
foliowing activities are hereby permitted accordance with $'330.7(c)(2)and(d). (iii)jThe activity is limited to less than
provided they meet the conditions listed intake structures per se are not an average of one cubic•yard per
in paragraph(b)of this section and, included—only those directly associated tennifoot pieced along the bank
where required.comply with the with an outfall structure are covered by withid wateri•of the United States:
notification procedures.of 11330.7. this nationwide permit.This permit (iv)'No material is placed in excess of.
(1)The placement of aids to includes minor excavation,filling and the minimum needed for erosion
navigation and regulatory markers other work associated with installation •protection:.
which are approved by and installed in of the intake and outfall structures. (v)No materia(is placed in any
accordance with the requirements of the (Sections 7o and 401]] wetland area:
U.S.Coast Guard(33 CFR Pari 66,( a)Structures for die exploration. (vi)No material is placed in any
Subchapter C).(Section 10). production,and transportation of OIL location or in any manner so as to
(2)Structures constructed in artificial gas.and minerals on the outer - pair surface water flow into or out of
canals within principaily'residential continental shelf within areas leased for any wetland area:
developments where the connection of such purposes by the Department of (vii)Only clean material free of waste
the ccnel to a navigable water of the Interior,Mineral Management Service, metal products,organic materials.
United.States has been previously provided those stnictures:are•tot placed unsightly debris,etc.is used:and
authorized(see 33 CFR Part 322.51g)). within the limits.of any designated . (viii)The activity is a jingle and
(Section 10) shipping safety fairwey.or traffic complete project.(Sections 10 and 4011
�J
41256 Federal Register Vol. 51, No. 219 / Thursday, November 13, 299./ Rules and Regulations
(14)Minor road crossing fills including includes the fill is licensed by the (23)Activities,work and discharges
all attendant features.both temporary Federal Energy Regulatory Commission 'undertaken.assiited,authorized,
and permareni,that are part of a single (FERC)under the Federal Power Act of regulated.funded.or financed,in whole
and complete project for crossing of a 1920,as amended:has a total generating or in part.by another federal agency or
nor-lids'weterbody.provided that the capacity of not more then 1500 kw(2A00 department where that agencor .
i- ti--• e."O'kh ies for...P_hurl•form department
hail determined,pursuant to
.,.
licensing procedurve of the
otherwise designed to prevent the ki:i.�:(sec*&aCL;+ :;_' .' foil
restriction of.and to withstand. CFR 4.81);.and the district or division the Procedural Provisions of the
expected high ftcw•s and pro%ired. engineer makes a determination that the National Environmental Policy Act(40
further that discharges into any individual and'Cumulaiive adverse CFR Part ISM eteeq.),that the activity.
wetlands ndjacert to the naterbody do effects on the environment are minimal work:or discharge is'eklegorically
rrot extend beyond 100 feet on either in accordance with 1330.7(c)(2)and(d). excluded from envircinmentel
aide of the ordinary high water quark of (Section 404) . . documentation because it is includt•?
that weterbody.A"minor road crossing (1e)Discharges of dredged or fill within a category of actions which
fill"is dcGned as a crossing that materia]into ell wetera of the United neither ir)dividually nor cumulatively
involves the discharge of leas than 200 States other than wetlands that do not have a significant affect on the human
cubic yards of fill material below the exceed ten cubic yards as part of a envirotvneat,and the Office of the Chief
plane of ordinary high water.The single and complete project provided the of Engineers(ATTN:DAE-N-CIVO-N)
erossini fray require a permit from the material is not placed for the purpose of has been furnished notice of the
US Coast Guard if located in navigable stream diversion.(Sections 10 and 404) agency's,or department's application for
waters of the United States.Some road (191 Dredging of no more than ten the categorical exclusion and concurs
fills may be eligible for an exemption cubic yards from navigable waters of with that determination.Prior to
from the need for a Section 404 permit the United States 89 part of a single and . approval for purposes of this nationwide
altogether isee 33 CFR 323.4).District complete project:This permit does not • permit of any agency's categorical
ll
engineers are authorized.where local authorize the connection of canals or exlc it'co ,the Chief of h pubEnginlication
circumstances.indicate the need.to other artificial waterways to navigable aoliciteornments through publication in
define the term'•expected high flows" the Federal Register.(Sections 10 and
waters o{the Unified States(see Section 404)for the purpose of establishing 33 CFR 372.5(g)).(Section 10)' (24)Any activity permitted by a state
applicability of this nationwide permit (20)Structures,work.and'discharges
(Sections 10 and 404) for the containment and cleanup of oil administering its.own Section 404 permit
(15)Discheritrs of dredged or fill and hazardous- ant and
cices ai up:of: program for thO.discharge of dredged or
material incidental to the construction o! subject to the National Oil and. . fill material authorized at 33 U.S.C.
bra;Wes across nsvipable waters of the 1344(g'r-(i)is permitted pursuant to
c J rr Hazardous Substances Pollution
Ur:.'r.. es.in.,u'dina cofferdams, Cortirgency Plan.(40 CFR Part 30C). section 10 of the)riven and Harbors Act
abutments.foundation seals.piers,and molded the Regional Response Team of IBM.Those activities which do not
temporary construction and.sccess fills provided
is activated under the Plan involve a section 404 state permit are
P
such dischargec
has been not included in this nationwide permit
authonzed b} the US Coast Guard as concurs with the proposed containment but many will be exempted by section
port of the bridge permit.Causeways and cleanup action.'(Sections SO and 154 of Pub.L.134-58:.(See 33 CFR
and apprc:ach fills are not included in 1') 922.3(a)(2)).(Section 10)
this natin:iwide permit and w�il:require (21)Structures,work,discharges (25)Discharge of concrete into lightly
an individual or regional Section 404 associated with surface coal mining sealed forms-or cells where the concrete
perm..:: tSection 404) activities provided theywere authorized is used as a structural member which
(lei R.%.:r.wa-.er front an upland. by the Department of the Interior.Office would not otherwise be subject to Clean
co:ta;n-e•i dredgEd material disposal of Surface Mining.or by states•w•ithWater Act jurisdiction:(Section 404)
arta ?- �`:3.3 2i.411 provided the "appro%ed programs under-Title V of the 2t: Discharges of dredged or fill
state ha=issued a site si_-i!+c or Reverie Surfers 1.lining Control and Reclamation ( )
materia]into the waters listed in
certification ender section 401 of the Act of 1877;the appropriate district hs 28 )
t and(ii)of this
Clem Water Act isec also 33 CFR engineer is given the opportunity to sars ra aection except those whichcause the
325.2ih;i]11 :.e dred::ng i:sel!requires review the.'fttle V.permit application loss or substantial adverse modifieatioi.
a Sectrun 10 permit if located in end all relevant Office Qf Surface of 10 acres.or.mom of such waters of.the
navip: le waters of the United States. documentation
state(as the carie maybe) United States.including wetlands.For
The return water or runoff from a entation prior to any decision on discharges which cause the loss or
contained disposel area is that application:and the district or substantial adverse modification of 1 to
admirimra:tve)y defined as a discharge division engineer makes a determination 10 acres of such waters.including
of dredged material by 33 CFR 3:3.2(d) that the individual and cumulative wetlands.nolifrcation to the distrit.t
even though the disposal itself occurs on adverse effects on the environment from engineer ii required in accordance with
the upland and thus does not require a such structures.work.or discharges are section 330.7 of.this section.(Section
section 404 permit.This nationwide minima!in accordance with 2 and (e) 404)
perm-.1 satisfies the technical (2)and 131 and(d).(Sections 10 and 404) t)Non41dal rivers,streams,and thea
requirement for a section 404 permit for (Z2)Minor work fills.or temporary lakes and impoandments,.including
the return water where the quality of the structures required for the removal of ad'acent.wetlands,that are located
retu-n.we.er is controlled by the state wrecked.abandoned:or.disabled. above the headwater.
throughthe section 401 certification the removal of man-made
obstructibrimt navigat on This permit (B)Other non-tidal waters of the
procedures.(Section 404) , does not authorize maintenance United States,including adjacent
(17)Fills associated with.smell
hydro;ower projects at existing dredging.shoal removal,or river bank wetlands.that are not pari of a surface
reservoirs where the project which snagging.(Sections 10 and 404) tributary system to interstate waters of
9
rtrde;al Regtbier j Vol. 51, No. iiB'! 17hurzrd_,y: I�c.e:rber 13, situ.. % Rules an-_A K-epulatioae 41257
navigable waters of the United States engineer.IS the&3triri engineer - at a c ategary of wxtem by requiring
(i.e..isolated waters). determines that such historic properties individual or reg:cno perafts;or
(b?Conditions.The following special may be sdvemely affected,he will revoking an authorization on a use-by-
cond:tions tricot be to"owed in o der for provide Lhe Ad:-sors Ccuncil.ti Misr basis.Tsis tuts ority is not limited
the nes tionwide permits identified in Historic Preservation an opporturity,to to concerns for the aquatic environment
paragraph(a)of this section to be valid: comment on the effects an sucb historic as isthediscretionary authority in
(1)That any disc'arge of dredged or. arcperfe+t&he Will consider f 830 jY
proximity of a pul)lic water supply in accordance with 33 OR 325.7, f 830 - slwpetnent praeneaa
Intake. Furthermore.that,if the permittae'before (a)lit addition to the conditions
(=j That ary discharge cf dredged or o: during prosecvtien of Lhe wo:k specified ir,.i 330.8 of this Pan.the
fill material will not occur in areas of authorized,encounters a historic following management practices shall
concentrated shellfish production unless property that has not•been listed or be followed,to the maximum extent
the da ;L
:filed la '.:rC r.. : 6tcG 1J a dett:rmu;.dui i:�t:J:c f:Y:-c:S,::ab jr.tte� prmctiCable,tri", a:io mirtrnlze Lhe
shellfish harvesting activity authorized National Register,but which may be adverse effects of these discharges on
by paragraph(a)„;)of this section. eligible for listing in the National the aquatic environmint.Failare to
(3)That the.activity will not Register,rte shall immediately notify the comply with these practices may be
jeopardize a threatened or endangered district engineer.” cause for the district engineer to.
species as identified under the Do)That the construction or•operation recommend:or thedivision,engineer tc
Endangered Species Act (ESA),or of the activity will not impair reserved take.discretionary authority to regulate
destroy or adversely modify the critical tribal rights,including.but not limited the activity on an individual or regional
habitat of such species.In the use of to.reserved water rights and treaty. basis pursuant to 1330.8 of this Part.
federal agencies,it is the agencies' fishing and hunting rights: (i)Discharges of dredged at fill
responsibility to comply with the • (11)That invirtain itaiei.an.
requirements of the ESA If the activity individual state water quality material into waters of the United States
may adversely affect any listed species certification must be obtained or waived the a sof other ret"olded-or titcal alternatives.
nimixad
or critical habitat.the district engineer (See 1 330.9):=
must initiate Section 7 consultation in . (12)That in•eertain states,an '(Z)-Dischargei in spawning areas
accordance w•:th the ESA.In such cases, individual state eoa;tal,zore during spawning seasons shall be
the district engineer may: management consistency-concurrence avoided.
(i)Initiate section. consultation and must be obtained or waived(See (3)Discharges shall not restrict or
then.upon cornp;e::on.authorize the 1330.10); impede the movement of equatic.specir3
activity under the nationwide permit by (13).That the activity,will comply with indigenous to the waters or the passage
adding.if appropriate.activity specific regional conditions which.may-have of normal or expected high flows or
conditions,or been added by the division engineer cause the relocation of the.water(unless
(ii)Prior to or concurrent with section (See 1 330.8(a));•und the primary purpose of the fill is to
7 consuhati.,r.ht may recommend (14)That the management practices impound wa•ters). :
discretionary authority(See section llsted;in 1330.6 of this part shall be (4)'If the discharge creates an
330.8)or use modification.suspension. followed to the maximum extent irnpuundmentof water.adverse impacts
er re,.ocation prccedi.res(See 33 CFR practics::eora this aquatic system caused-c-y the
313.7). (c)Further information:(1)District accelerated passage of water and/or the
(s)That the activity shall not engineers are authorized to determine it restriction of its flow shall be
significantly disrupt the movement of an activity complies with the terms and minir;tized.
those species of aq::atic We indigt'nous conditions of a nationwide permit unless (5)'Discharge in wetlands areas shall .
to the waterbodv(unless the primary that decision must be made by the be avoided.
purpose of the Gil is to irnpound Mater): d.vision engineer in accordance with ' ; (6j iieavy equipment Avorxtng it.
(5)That any discharge of dredged or 1330.7. wetlands shall i placed on mats.
hil material shall Lonbtei of�suitable (2)Nationwide p,.--mita do not obviate (7)Discharges into breeding areae for
material free from toxic.pol,utarts(bee the need to obtain other Federal.state or mi 7)Disclary argwales into
shall be avoided.
section 307 of the Clear.Wa:er Act)in local authorizations required by law. (8j All trmporfo fills shall avoided.
tot is amounts: (3)Nationwide permits do not grant
be
(6)That any structure br fill an}•property ri&'_ ar exclusive retnovedin their entirety.
authorized shall be properly maintained. privileges. 1.230.7 "06fication p�oCsaWas,
(7)That the activity wJ'.not occ6:to a (4)Nationwide permits do not (n)The general permittee shall not
component of the NL;tanal Wild and authorize any ir.i.:.y to�the propirrtlr or cl
Scenic River System.nor is a river rights of others. begin dies arges,requiring pre-discharge
officially designated b� Congress as a (5)Nationwide permits do not notification pursuant Ia&a nationwide
"study river'for possible inclusion in a:i'•arize interference with any existing permit-at f 330.5(a)(26):
the system.while the rfvv::is in an or proposed Federal project (1)Until notified by the district
official study status: (d)Modificolicim Suspension or engineer thai the work may proceed
(a)That the activity shall not cause an Revocation of Nationwide PeeimAi.The and&the natid.nwide permit with any
unacceptable interference with Chief of Engineers may modify,suspend. special conditions imposed by the
navigation: or revoke nationwide,permits in district or division engineer,or
(9)That.if the activity may adversely accordance with the relevant (2)If notified by the district or
affect historic properties which the procedures of 33 CFR 3251.Such division engineer thet an individual
National Park Service has listed on,or authority includes,but is not limited to: permit may be required;or
determined eligible for listing on,the . adding individual.regional.or : 03)Unless 20 days have passes from
National ROgister of Historic Places,the nationwide conditions:revoking re„eipt of the notification by the district
permittee will notify the district authorization for a category ofaetivitles engineer and no entice has been
41258 Federal Register Vol. 51. No. 219 Thursday, November 1�, I
19W4 Rules and Regulations
wasived frutn the duttnci or division together with a statement of.the faetots based on concerns for the aquatic
ejneer. pertinent to a determination of the - • environment a expressed in the
(b)Notification pu:i_en;to the anvir�c:tme:tai effects of the proposed guidelines pis lished by EPA pursuant to
nationwide permit at 13w stra)(2e)must discharges,including those set forth in section 404(b)1l).(40 CFR part 230)
be in writing and include the the 404(b)(2)guidelines,and his views (a)Activity peci/ic conditions.
i +c-- , _ ►•e� *;::tin._.:_ ;.. ,. ,►.
-4'r acLnts rsiv,-d by those Divieers are authorized to
cot an aarwasion.tnat uta:pr-oposed agc.iL.ei,. �. moaLiy asuonl at permits oy auaitig
work would result in more than minimal (3)If the nationwide permit at; individual conditions or.a case-by-c
impacts to waters of the United Staler,it ;330.5(a)(21)is involved the district basis applice ]e to certain activi•ie,
simply allows the distract sae G,viown eng:nttr vriu Elva notice to the .I; • ivilhin theft di ion.,
engineer to evaluate speci5c■ctivitisa En►rimnnienta!Protection Age and
for compliance with general permit thea conditions may be added by L't_Dir•a..
pp.^opriate state w�atarr qua ty
criteria. � ,, Engineer in inktances where they► ?:
agency.Tins notice will inc.tjde ,�a mum)sgreerAent between thee.. :•
(1)Name,address,and phond number minimum the information req d by asigineer and Oe permittee.Frtrthc ...oar
of the general permittee; aragraph(b)of this section. n�a►n
(2)Location of the planned work (d}Divisiun ergineerneview a� dictetigtneers will conditir- a
(3)Brief description of the proposed notification.Tat division engineer will with conditions which have been
work,its purpose,and the approximate review all notificationsaeferred to himImposed on a}tate set:tian 401 water
size of the waters,including wetlands, in accordance with paragraph(c)(1)or quality certification issued pursisnt tc
which would be lost or substantially (c)(2)of this section.The division- 1330.9 of this Part. . ,
adversely modified as a result of the engineer will require an individual' (b)Regional conditions.Division
work:and permit when he determines that an engineers are authorized to modtry
(4)Any specific information requiredactivity does not comply with the teems nationwide permits by.adding
by the nationwide per.-nit and any other or conditions of a nationwide permit or. conditions on.a generic basis.spplicab!e
information that the permittee believes eves does not meet the definitionof s general to certain actio;ities'or-specit'Te,
is appropriate. permit set 33 CFR geographic areas within their divisions.
Pe ( 322 2(e and 3232(n)) In develo
(c)District engineer rtvie n of .. including discharges under the Pig regional eorditiotts, •
notification.Upon receipt of nationwide permit at f 330.5(a.)(26) division and district engineers will
notification,the district engineer will which have more than'miriimal adverse follow standard permit processing
promptly review the general permittee's environmental.effects on the-aquatic procedures as prescribed in 33 CFR Part
notification to defe.•miae whi:h.cf the environment when viewed-either 373 applying the evaluation criteria of 33
following procedures should be c=ulatively'or aeparately.In reaching CFR Part 320 end appropriate parts of 93
followed: his decision,he will review factors CFR Parts 321 32.•323,and 324.
(1)If the nationwide permit at pertinent to a determination of the Division and district engineers will take
1 330.5(®)(26)is involved and the district environmental effects of the propoied appropriate measures to inform the
engineer determines either.(i)the discharge.including those set forth in public of the aidditional conditions.,
proposed activity falls within a class of the 404(b)(1)guidelines,and will give_ (e)lndividuol permits—{1)Case-by-
discharges or will occur in a category of hill consideration to the views,if any,of Case.In natioawide'permit uses where
water which has beer.previous;y the federal and'sl8te natural.reaource additional individual or regional
identified by the Regional agencies identified in paragrtiph(e)of conditioning may not be sufficient to
Administrator.En%imnreental protection W,
section.If the'division engineer address concerns for the aquatic...
Agency:the Regiunh!Director.Ftah and decides that an individual permit is not environment or where there is not
Wildlife Service:the Regional Director, required,and•federal or appropriate sufficient time to develop such
Nationa!Marine Fishenes Service:or state natural resource agency has conditions under paragraphs(a)or(b)of
the heads of the appropriete state in4iceted in writing that an activity may this section,the division engineer may
nbtural resource agencies as being of result in more than minimal adverse suspend use of the nationwide permit
par.,ci:ia-:r,:e-e-1 to those agencies;or envrcna ental impacts,he will preparesad require an Individual permit .
(ii}L!e particular d,sc,aa:g written his not been a wten statement,available to the +pplication"on a case-by-ease basis.The
previously identified but he believes it public on request,which sets forth his. district engineer,will evaluate the-
may be of importance to those agencies, response to the specific points raised by application and will either issue or deny
he will pror.:;:.y to-ward .,.c the commenti#agency.When ile a permit.However,if at any tame the
notification to the division engineer and divis:on•engineer reaches his decision, reason for taking discretionary authotity
the head and appropriate staff officials he will notify the district engineer,who is satisfied,then the division engineer
of those agencies to afford those will immediately notify the general may remove the suspension.reactivating
agencies an adequate opportunity before peretittee of the division engineer's authority under the nationwide petmiL
such discharge occurs to consider such decision. Where time is of the essence,the district
notification and express their views,if engineer mey'telephonlcally recommend
any,to the district engineer concerning i=A Di+crebonary mahorlty. that the division engineer assert . c
whether individual permitssbould be Except is provided in paragraphs(c) discretionaty;authority to require tan
req,ilred. (2)and(d)of this section,division Individual permit application for a
(2}Ville nationwide permits at eng;neers an their own initiative or upon specific activity.If the division engineer
1 330.5(x)(7).(17)•or(21)are involved recommendation of a district engineer concurs,he may orfl!y sulhorize the
cti
and the Enviroreienia(Ruteca are authorized to mcds;y nationwide' district engineer to implement that
Agency,the Fish and Wildlife Service, permits by adding regional conditions or authority.Oral authorization shoved be
the Ne:ionel hiarire Fisheries Service or to override nationwide permits by. followed by written confirmation. •
the appropriate state natural resource or requiring kidividual permit applications •(2)Category.Additionalip afro
water quality agencies forward concerns on a case-by-rase basis,for a category notice and opportunity for public
to the district engineer,he will forward of activt;ies,#_r in specific geographic hearing.division engineers mat'decide
Ihuse conrerns to the division engineer areas.Discretionary authority will be that individual permit applications
I
Fbderel r,egeiater f 3'oi. b?. fro. Z::
-�-�_ ?'fig:rti�.. 14u:emtk'r 29. 2654
14�'et and
shoWd be required for ca;rgoiies o! �j_t.:itsie I'`�^
activities.or fn specihic geo Pres•me L Upon-*ceipt Clan individual
arena.However.Only the Ch of ofc or generid urtication or a waiver of y i• aL'r L d
re
Engineers easy mod:�y.sus urtificalio�the Proposed work b D�4ict engineers will sol is MqUcess say
revoke nationwide on&fid'm... fa state
authorized Hader aha aa:ionwtdo perm.IL 'fit applieatioa for an activity
statewide or nationwide bass The• u•state Usues a coArL, sed individual Ca�'r.dr-Jed vArl"t re www
divtalon engineer hill arZoune'a the cariiheation.the district en Hader the P Judree
g,Cot will agtio�wids permit pros-am
1J.. •• - .. .:: _• • inclu— thrr,*oondfti°rr tl±et oomrly However.If"hedivision engineer
artium.The die;rrct engineer wili then °f the nationwide " '`` 4ton`ines that it would otherwise be
s regulate the activity or activities b• Permit(see 3.,CFN _
processing nr.a�;•:,ca';o;r s� �, y Pall 330.II(s))and notify the authority.pursuant to
Individual ermrt ( f, 33 that the work Is uuU prized-41PI�l the override the nationwide a to
Part 32S.. P (!)Pursuant f°33 CFR nationwide Permit or
permit provided all perri;ts in queii!ion.he mPe do sr.and
conditions are mei the dishiet 64gineer may proceed with
s I )For. ids Per Conditions found at (b)Ce:ti5cetiar.raqui-Pare.i Processing of ler may
Pr
330-5(a)(26).after a applicable ?.0 for. the permit
Provisions of 33o.7(a)(1)and(3)have nato
nationwide permi'ts'feli into the app^licatia .
been satisfied. the permittee's.right to x' general categories: ajp tt '
proceed under the general permit may Nationw No e p tr J n eq��'i.Z d,
De modified,suspended.or revoked only e,-9,10;22,and 20 do not involve (e) neral permittees may,and in
in accordance w•iih.the Procedure set acdvitiea avhicb me "agmina rses must.request from a district
forth in 33 CFR 325.:. P y result in a ! 4 nFirmation that an activity
le)A copy of all modifration■or discharge and therefore 401 certification complies with.the terms and conditions
revocations of aclWilties covered b not epp]iceble: �Of a nationwide permit.District
nationwide ;ails w'i)i be forwarded to " Nationw deicoticn somet;mes ttequired engineers will respond promptly to such
the Office of the Chief of Engineers, 20 moi, Puts numbered 3.:8,7.23, requests:The response NIl!aisle that
ATILT:DAE.ti-Cj1,C)_N. and 23 each invol%e varioua �e verification Is valid for a period of
1370.9 = activitioa.acme of.which may result 1,, no more than two years or a lesser
tats wake giality esrtlftptron discharge and require certification.and Period of time U deemed e
others of which do not.State denial of Section'330.22 takes precedence over
(®)State x a: qu ids eertif:ca hie is eertificatior,for cry specific nationwide this section,therefore.it is Incumbent
required for nn';li,^\.lde perr.;lts which
May result in pry discharge i:-. waiers dct�ilies in otvirei8 dE�ir}rsr-is my those upon the permittee to remain informed
of the Uni.ed 5-hies.If a it.1,'.ssues a of changes to nationwide permits.
water qua:ity cert:ficalion which sot imolvir,I,discr,arges remain in N U the district engineer decides that
includes special cordiliors,the district effect. an activity does not comply with the
engineer will aid these Londitions as (3)Certif,cirtion riequired.%'ationwtde terms or conditions C a nationwide
conditions of the nationwide permit in pe nits numbered 12,14 is.28;17,2n', permit.be will so nctify the person
Nat s:.lte However.if such corditiors 24.25;end 28 involve activities which desiring to do the work and indicate that
do not comply x ith the provisions of 33 would resat;In d'scharges aid therefore an individual perntia.is required,(unless
CFR 325 4 cr if a s:ste denies a required 401 eernficerion I:required.' Covered-by a regional permit).
411 cernficati;- fr: a r,;.;,.:U:F.. (c)District engineers will take (c)lithe district engineer decides that
nationwide permit a;i;horizaticn for ell a'r°�' "".-°2a•urea to info=y, Lie an activity�.OPt Cotrplti x::ri the terns
discharges covered:by the nationwide Psbcic of^;itch wa�erbodies or regions and conditions of a na;ionxide per.:lit
permit within the state is denied without within the state,apd for which he will so notify the general permittee.
preludice until the state is3ues an nationwide permits.an individual 40i In such cases,as with any activity
individual or generic water quality water quallty txrtlGcation fs required: which qualifies under a nationwide
Cc.tificanon or xai.es its riga to do so. 3:0:10 Coastalzor»rriaryperr �t
A district engineer will not incase an Cer"tan date proceed permit,
yxe tgeneral il the acpivitieseunderght the o
Ind!vidual pe�•vit eFplica:ion for an e1 ►triki�tlor_
In irstancee w!.ire•state tins not _ natipomwide permit may be�odified,
act,vity for which arithoriza±ion.has concurred Li al a pentitols;nationwide accordance o`irevoked only in
been denied withot:t preju�;ce under the permit is eonaiatent with an approved
nationwide permit program.However,u 'h the procedures of 33
the division engineer determines that It Coastal zone management plan, CfTc 'y'
would otherwise bee aulhoriza Lion fe:.JI-lictivities subject to 1230.12 E=Ptratton ot�tbnwiea p tfta
ppr,D:iale to such nationwide permit within or
exercise his discretiome•y authority, affecting the state coastal sone en �e Chief of Engineers will review
pursuant to'!j 330.8,to override Ne arerof authortry Is denied without ry's no
nationwide permit or permits!n permits on continual basis,
question.he may d:,. , pprejudice until the Applicant has• and will decide to either modify,reissue
Y o and the district furnished in the district eagiaear a (extend)or revoke the permits it least
engineer may proceed wish the coastal zone management consistencyevery five years.if a nationwide permit
• protesting of igdrvidual per•ralt
determination pursuant to section 30of Is not modified or reissued within five
applications.In instances where a state the Coastal Zone>`tanagement Act and
years of publication in the Federal
has denied the 407 water quality the able hast. Ragfster,It automatically expires and
certification for discharges under a concurred to nt un'state becomes null and void:Authorization of
ptrrticular naticriwide permit,applicants does not act on statement
wilhi a activities which have commenced or are
must furnish the district engineer with cortalateoty etatemerit within Aix moat$, under
an individual or generic 4o'1 cert' after receipt by the stete,.conslatenry upon,nattrIonwide act 10 offence in reliance
or a copy of the application to.the caste �eR be presumed.District engineers effect permit will remain in
for the certification.if a state fails to act will take appropriate measures to info P��ded"Ne activity is completed
within a reasonable period of time see the public of which waterbodies or within twelve months of the date a
1325 2(b)(I)(ii)),a waiver will be ( regions rvithir the.atate,and for which ationwide permit hes expired or was
nationwide perniti,•such individual revoked unless been
exercised
petin]t
• �• authority has bees exerrlsed is
d�60 iFideralk-ster /'Vol. 61: No. Zit) J 7%unday, November 13, 19M / 1lWea and ltesulations
accordance with 1&MAOf Wa Part or
rodilication,eoapension•orrevomtkm -
Prmedures are Initiated In accordance
writh the relevant provisions of 13 CFR
325.7.Activities completed under the
authorisation of a nationwide permit
which was in effect at the time the
activity was completed continue to be
■uthorised by LLwt natimwide permit
"Dna 85-UM Filed 23-23••aa L43 am]
aaaa•o Door sswsa ..
a
' I
j 1 '
' 1
A '
• J
i
r
4,r�E-,
FRANK A. KUJAWSKI, JR., President
TELEPHONE
ALBERT J. KRUPSKI, JR., Vice-Presidentt:, (516) 765-1892
JOHN M. BREDEMEYER, III ��'p®� �'
JOHN L. BEDNOSKI, JR. 447 ^D�
HENRY P. SMITH
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
August 7, 1989
Mr. John Holzapfel, Chairman
Southold Town Conservation Advisory Council
Southold Town Hall
Main Road
Southold, New York 11971
Dear Mr. Holzapfel:
Transmitted herewith is application No. 8-3-89-70-6-10 for a
Wetland Permit submitted by En Consultants on behalf of Janet
Maddens.
Please prepare a written report of findings and recommendations
with respect to this application.
Very truly yours,
Frank A. Kujawski, Jr.
President
Board of Town Trustees
FAK:jas
cc: Bldg. Dep't.
PART'l—PROJECT INFORMATION
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 consider
as part of the application fora ct
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 ands ecif
each instance. o ve
P v
I NAME OF ACTION
LOCATION OF ACTION(Ineludo Street Addr®aa,Municipality and County)
r.o.w. e/o Oaklawn Avenue, Southold
NAME OF APPUCANTf5PONS0R
En=eonsulfants Inc. BUSINESS TELEPHONE
ADDRESS (516 1
or Sea Road •
CITY/PO !
Southampton STATE aP cooE
NAME OF OWNER pr alH�►anU N.Y. ],19 Iz 8
Janet Maddams BUSINESS TELEPHONE
ADORE= - 14 ) 769-1699
P. 0. Box 306
cr rymo
Chappaqua STATE aP cooE
(0) IPnON OF ACTION N.Y.
10 514
SEE ATTACHED
Please Complete Each Question—Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
I. Present land use: OUrban ❑Industrial ❑Commercial ®Residential(suburban) ❑Rural non-f
OForest GAgriculture p0th� ( arm)
2. Total acreage of project area: 6, 488 s q f t �.
APPROXIMATE ACREAGE
Meadow or Brushland (Non-agricultural) PRESENTLY AFTER COMPLETION
Forested acres
acres
Agricultural (Includes orchards, cropland, pasture, etc.) acres acres
Wetland (Freshwater or tidal asacres acres
per Articles 24, 25 of ECL)
Water Surface Area acres acres
Unvegetated (Rock, earth or fill) acres acres
Roads; buildings and otherpaved surfaces Q acres acres
�. 2
Other (Indicate typel Landscaping f aidr)W —1_. 52 acres
3. What is predominant soil 4. 9 6 3— s`t acres 4 , 96 3
types) on project site? Sand, loam acres
a. Soil drainage. C3Well drained ____ % of site $]Moderately well drained 100
C3Poorly drained � % of site % of site
b. If any agricultural land is involved, how many acres of soil are classified within soil group through 4 of the VY
Land Classification System? N/A g 5
acres. (See 1 NYCRR 370).
4. Are there bedrock outcroppings on project sitef ❑Yes ONO
a. What Is depth to bedrock? Unknown
(in feet)
2
r i
PROJECT DESCRIPTION
Replace (within 18" ) 118 l.f. of bulkhead, all sections
of which lie in close proximity to existing house. Bulk-
head sections on w/s ( 13 ' ) and e/s ( 68 ' ) will be re-
moved and replaced. Purpose for wanting to remove and
replace is to prevent loss of backfill which could en-
danger house. Approximately 10 c.y. of clean backfill
will be trucked in from upland source.
F
5. Approximate percentage of proposed project site with slopes: •
GO-10% _ 1.00 96 1210-15'/0 _ 0
o
L15°Yo 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? 13Yes 8NO
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? uYes =�
8. What is the depth of the water table? 5+ o
(in feet)
9. Is site located over a primary, principal, or sole source aquifer? ( Yes ONO
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ]tYes =No
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
13Yes LINO According to
Identify each species
12. Are there any unique or unusual land forms on the project site? (i.e.. cliffs, dunes, other geological formations)
❑Yes I No Describe
13. Is the project site presently used by the community or neighborhood
OYes ®No If yes, explain as an open space or recreation area?
14. Does the present site include scenic views known to be important to the community?
13Yes ®No
15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetfand areas within or contiguous to project area:
a. Name Jockey Creek 100+
17. Is the site served by existing — b. Size (In acres)
public utilities? ❑Yes MNo
a) If Yes, does sufficient capacity exist to allow connection? Dyes ONo
b) If Yes, will improvements be necessary to allow connection? Mes ONO
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA.
Section 303 and 304? (]Yes ONO
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 617? MYes ONO
20. Has the site ever been used for the disposal of solid or hazardous wastes? Dyes J'7No
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 6 . 488+
b. Project acreage to be develo 6 4 8 8 + — acres.
1 g Ped acres initially; 6 4 8 8+
c. Project acreage to remain undeveloped 0 acres. — acres ultimately.
d. Length of project, in miles: N/p' (If a
e. If the project is an expansion, indicate appropriate)
f. Number of off-street parking spaces existingent of expansion ropos 2N/A %�
g. Maximum vehicular trips generated per hour 6
h. If residential: Number andtype of housing units: (upon completion of project)?
One Family Two Family Multiple Family
Initially N/A p Y Condominium
Ultimately
i. Dimensions (in feet) of largest proposed structure 6 N A
height; / width: length.
j. Linear feet of frontage along a public thoroughfare project will occupy is? N A
�_ ft.
3
2. How much natural material (i.e rick, earth, etc.
will be removed from the site? — tons/cubic yards
3. Will disturbed areas be reclaimed? CYes ONO 1XN/A
a. If yes, for what intend , purpose is the site being reclaimed?
b. }vill topsoil be stockpiled for reclamation? ❑Yes CNo
c. Will upper subsoil be stockpiled for reclamation? CYes CNo
4. How many acres of vegetation (trees, shrubs, ground coven) will be removed from site?
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed b this
C!Yes XDNo y s project?
6. If single phase project: Anticipated period of construction 1
7. If multi-phased: months, (including demolition).
a. Total number of phases anticipated N/A
. b. Anticipated date of commencement phase 1 (number).
c. Approximate completion date of final phase month year, (including demolition).
d. Is phase 1 functionally dependent on subs month year.
S. Will blasting occur during construction? l7Yequent phases? ❑Yes ❑No
es ItN0
9. Number of jobs generated: during construction 3 ; after project
10. Number of jobs eliminated by this project 0 0
is complete
11. Will project require relocation of any Projects or facilities? Dyes ONO If yes, explain
12. Is surface liquid waste disposal involved? CYe3 —
ONO
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 involvedr Oyes )ONO Type
14. Will surface arca of an existing water increase or decase
Explain Sli htl due to roe lacement writhinpig salt CYes CNo
15. Is project or any Portion of ProjeCt located in a 100 year flood plaint g1Yes
16. Will the project generate solid waste? CNo
a. If yes, what is Mes S1No
the amount per month tons
b. If yes, will an existing solid waste facility be used? Mes ONO
c. If yes, give name
d. Will any wastes not go into a sewage disposal location
g posa) system or into a sanitary landfill? CYes
e. If Yes, explain ONO
17. Will the project involve the disposal
a. If yes, what is the anticipated rate offsolid dis waster Mes �Vo
P disposal? _
b. If yes, what is the anticipated site life? tonsfmonth.
18. Will project use herbicideYears.
s or pesticides? Mes CTVo
19. Will project routinely produce odors (more than one hour
Per day)? Oyes MNO
20. Will project produce Operating noise exceeding the local ambient noise levels? Mes ONO
21. Will project result in an increase in energy use? Oyes ®No
If yes , indicate type($)
22. If water supply is from wells, indicate
Bumping capacity N/=gallons/minute.
23. Total anticipated water usage per day N/A ' gallons/day.
24. Does project involve Local. State or Federal funding? Mes MNo
If Yes. explain
4
25. Approvals Require
Submittal
Type Date
City, Town, X•i'llge Board 'Yes ONO
City, Town. Village Planning Board GYes 0No
City, Town Zoning Board CrYes ONO
City, County Health Department CYes ONO
Other Local Agencies 13Yes ONO Trustees
Other Regional Agencies8/89
Yes ONO
State Agencies )]Yes 0N nFr•
TW _ 8,-89
Federal Agencies �7Yes ❑No COE
8/89
C. Zoning and Planning Information
1. Does proposed action involve a planning or zoning decision? Oyes MNo
If Yes, indicate decision required:
!]zoning amendment Ozoning variance ❑special use permit
Onew/revision of master plan ❑resource management plan Cotheersubdivision Osite plan
2. What is the zoning classification(s)of the site? R-40
3. What is the maximum potential development of the site if developed as permitted by the present zoningi
e—famil dwellincT
4. What is the proposed zoning of the site? N/A
S. What is the maximum potential development of the site if developed as Permitted by the proposed zoning?
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? �Mes ONO
7_ What are the predominant land use(s) and zoning classifications within a % mile radius of proposed action?
R-40
8. Is the proposed action compatible with adjoiningisurrounding land uses within a '/4 mile? MYes 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? OYes jJNo
11 . Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)? pyeS [No
a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ONO.
12. Will the proposed action result in the generation of traffic significantly above resent levels? Dyes X No
tai � Y p .�
a. If yes, is the existing road network adequate to handle the additional traffic? Oyes ONo
D. Informational Detalla
Attach any additional information as may be needed to clan
fy your project It impacts associated with your proposal, please discuss such impacts and the measures whicht aro °f may be any adverse
avoid them. You propose to mitigate or
I- Verification
certify that the information provided above is true to the best of my knowledge.
Applicant'Sponsor Name Janet Maddams by En—Consultants, Inc. 8/1/89
SignatureDate _
L Title President
If the action is on Me Coas al lrea, and you are a state agency, complete the Coastal Assessment Form before roceedi
with this assessment, p ng
5
TO WHOM IT MAY CONCERN:
I authorize En-Consultants, Inc. to apply for permits
on aW behalf.
J-! •— „U
���b'•�6 a -- �! amu.
wNE4E Poss�dc6 � Ib� /'oaoo' '
1wIiR o
S.c/f�►�; /enc /yG(✓=0'�O" ? CRIB A
O,cAD,17#9d
vore
$
ID Gl • ,0� � D
�vt K HEm West
`Xl-"M46'T fG. > No.; K
PRoF/.LE .TN?u 30Z-At-HEcAD SvFFo�ie Cd, HfjGS'�Ro�
1-7A P -?7
_-aa JbcKcr CQ. o
FL 0,00 N�
M
MLW.
— W
e�cr�, o I log bo• _f� 4
1
/ o� ly
STo R Y
'y
yoUSc
io
ys-
Cb
a .
GAAAGG
i
&A COW o /S 30
f A v6
/yDTES • PFZOPoScO 'UvLKNcf}D RC <i9c�-
,OATUM: 114-(J /yamri-r- &J/7-A01V 18" CANO RSR
Pvf�PD56: �ko5/o^( CoNTRbL
AL.L 4JG�z-KHL-RD 5,Gc T/oN5 f3c�T on ,c. �•� �or
-r14c5c ="4 'G. £W. PRoP.cRTY 4/,Y/ 5 JANE7- /�1AdOf�/`75
To C3E IqE PL�Cto G�/T!f/N /8 ! EEcJ. oh voCK6 Y C'R�c/c
Sc'cT/or/5 To QE RC/`9o�ED #� q7,- SoL' Two z. Svr-PoL/<
R z Py- c c.D C o. / /�
ADJACENT oLi/v 6 : SHE ZE�?'
a. `.I. M 0 ,,o-Y-,S
f4
19
z0.4 f 3
0,4V tj'• �.
r -
f , _
16
to thi's survey is a vlo?alien of
pg C� l shetibn 7202"Of the New York Statt --
!lrmac'iJ-/'�+'�.�'� fl dxetionLaw.
lii r 1' Copiss of this sesrvsy ma�-not bearing
the land ssrvsyor's inked seal a,
plc/ embossed s=ai shall not be considered
/��/�/ j� �j F��" r�/ fry l,�•�7 ry l to be a valid true copy '
. % r r/'"!./ '. './f ! �' Guarantees indicaeed hereon shall run
_ cnly(to the person for whom the survey - a•,-:,"
is prepared,and on'his behalf to the
• - •�,"�`l;:��'�'1 _1(,;, e� ` .t n"",�`e? ti410 cornpanv,govemmen;a{agency and _
r % ! _ Iondin�J institution listed hereon and .�
I
_11A h /�-, l a D A ",. --_-. _ _.__ _ . .. to 4qe sismeas of the{ending insti-
! . /.
m ,_ "` �tution.Guorantaas are not transferahi®
.,
ted 117 id`r I
to additional institutions or subswauenf �,. ~
A
60_�U. I)1 C/I No Y.- use c���f�i �d«�' I i�/e l�s ui`aly C, - C
!� 1 ll5 6LJt'•1�L�.G�Er`7 ./s7t9GlOA't Com , jAl 5 5! ��o�. Z�GA�
40_ - ,
ti
. I � �. ' hrt�:k..F:�r� � •
-�
'
- - - L.10E17�SG'-� • �:Q:.`7f� . '�SUf't'��'��t�� s�®LAND`'JQ
};v