HomeMy WebLinkAboutZupa, Mary CATHERINE MESIANO, INC:.
12 MILLPOND LANE
EAST MORICHES, NEW YORK 11940
631-878-8951
February 13, 2006
Jim King, President
Town of Southold
Board of Trustees F E 8 3 2006 _
Box 1179 +
Southold, NY 11971
Re: Mary S. Zupa �\ �e ,` " •::,.w._._
580 Basin Road, Southold �
SCTM# 1000-81-1-16.7• ZaaC
Dear Mr. King:
I am the agent for the above referenced applicant who is seeking an emergency
Wetlands Permit to dredge an irregularly shaped area of boat basin entrance channel to
-4' MLW and place the resulting 190 cu.yd. of material in a temporary drying site on the
upland portion of the subject property and place up to 50 cu.yd. of the dried material
landward of the line of AHW on the beach seaward of the bulkhead. The shoaled area is
presently non-navigable. Permits for the above described activity have been granted by
the New York State Department of Environmental Conservation, New York State
Department of State and US Army Corps of Engineers, copie's of which are enclosed.
d Further, I would also like to remind the Board that the following resolution was made at
the 6/24/04 hearing:
" RESOLVED, that the Board of Trustees DENY WITHOUT PREJUDICE the application
of MARY S. ZUPA because a need was not established and because of the existence of
a permit for the same or similar activities, and the permittee has dredged within the last
year, pursuant to that permit. If a need arises and the conditions warrant it, an
application may be submitted at that time. The Trustees accept applications for
maintenance dredging.at any of their 12 (twelve) monthly meetings."
Please note that the applicant is the fee title owner of the above referenced property and
has authorized no person or entity to make any applications, indemnify any
governmental entity or authorize any individual or entity other than the undersigned to
act on her behalf.
We respectfully request to be heard at the Trustees work session on February 15, 2006
and for the matter to be considered at your monthly meeting/hearing.
Very t u y yours,
atherine A. Mesiano, President
Enclosures
Cc: Victor J. and Mary S. Zupa
J
tS
MARY ZOr-k
REQUEST FOR EMERGENCY DREDGE PERMIT 2/13/2006
PROPOSED ACTIVITY
• Maintenance dredging of approximately 190 cubic yards of shoaled
material from the mouth of the Canal at Paradise Point to maintain 4
MLW at a maximum of 1 on 2 slope.
• Placement of ±50 c.y dredged'materials along ±100 feet of shoreline
(+MHW) of property owned by Mary Zupa. Dredge material to be used
for beach re-nourishment.
• On-site containment of excess dredge material on a temporary drying-
site on the upland portion of the subject property.
PURPOSE OF PROPOSED ACTIVITY
Maintenance dredging is proposed because the mouth of the Canal into
the Basin at Paradise Point is severely shoaled and effectively non-
navigable. The purpose of the dredging operation is to maintain a channel
depth of 4 MLW to provide for navigational' safety and to prevent
disturbance of the bottom by boat traffic. NYSDEC supports use of
dredge material for beach re-nourishment because existing jetty has
caused diminution of beach to the east and, placement of dredged
material as proposed will serve to return natural, indigenous material back
into the system from which it was originated.
STATEMENT OF EFFECT
No significant negative impact on the wetlands or tidal waters of the Town
is anticipated as a result of the proposed operation.
£1211312006 09:14 691765611 VICTOR ZUPA PAGE 91
FROM C MESIAND' INC FAX NO. 631-978-8951 Feb. 13 2006 88:,21AM PZ
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�'N YORK STATE DEPARTMENT OF ENVIRONF ,rAL CONSERVATION
t
DEC PERMIT NUMBER EFFECTIVE DATE
1-4738-03029/00005 Aril 15, 2005
FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S)
Under the Environmental April 30, 2010
Conservation Law
TYPE OF PERMIT■'New ❑ Renewal❑Modification'❑ Permit to Construct ❑Permit to Operate
■ Article 15,Title 5: Protection of Waters ❑ Article 17, Titles 7, 8. SPDES ❑ Article 27,Title 9, 6NYCRR 373
❑ Article 15,Title 15'Water Supply ❑ Article 19 Air Pollution Control Hazardous Waste Management
❑ Article 34 Coastal Erosion
❑ Article 15,Title 15 Water Transport ❑ Article'23,Title 27' Mined Land Management
Reclamation
❑ Article 15,Title 15' Long Island Wells El 36 Floodplain Management
❑Article 24 Freshwater Wetlands
.❑Article 15,Title 27- Wild, Scenic and ❑ Articles 1, 3, 17, 19, 27, 37; 6NYCRR
Recreational Rivers ■ Article 25'Tidal Wetlands 380: Radiation Control
■ 6NYCRR 608.Water Quality Certifica- ❑ Article 27, Title 7;•6NYCRR 360'
tion' Solid Waste Management
PERMIT ISSUED TO TELEPHONE NUMBER
Mary Zupa (631) 765-6112
ADDRESS OF PERMITTEE
4565 Paradise Point Road, Southold, NY 11971
CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER
Catherine Mesiano Inc., 12 Mill Pond Lane, Center Moriches, NY 11940 631 878-8951
NAME AND ADDRESS OF PROJECT/FACILITY
Zu a Property, Paradise Point Association Boat Basin, 580 Basin Road, Southold SCTM# 1000-81=1-16 7
COUNTY TOWN WATERCOURSE NYTM COORDINATES
Suffolk Southold Southold Ba
DESCRIPTION OF AUTHORIZED ACTIVITY:
Maintenance dredge an irregularly shaped area of boat basin entrance channel to-4 mean low water and pum the
s
resulting 190 cubic yards of material�o a temporary drying site on the upland portion of the permittee's property Place
up to 50 cubic yards of the dried material landward of the line of apparent high water on the beach seaward of the
perm itteeIs bulkheading. The remaining material will be removed to an upland location for final disposal All work must
be done in accordance with the attached plans stamped NYSDEC approved on 4/15/05.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict'compliance with the ECL, all
applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of
this permit.
PERMIT ADMINISTRATOR: ADDRESS
George W. Hammarth Region 1 Headquarters, Bld . #40, SUNY, Ston Brook, NY 11790-2356
AUTHORIZED SIGNATURE DATE
Page 1 of 4
�/ - April 15, 2005 - .
NEW YORK STATE DEPARTMENT OF ENVIRONM-,_..1'CONSERVATION
SPECIAL CONDITIONS
1. Dredging is prohibited from June 1 -September 30 of each Year to protect'spawning shellfish and/or spawning finfish.
2. Excavated sediments shall be placed directly Into the approved disposal site or conveyance vehicle No sidecasting
(double dipping) or temporary storage of dredge material is authorized
3. During the dredging operation, the permittee and his contractor shall prevent spillage of sediment during excavation
and haulage. Dredging'shall be accomplished with a clam shell,or other closed "bucket" equipment
4 Dredging shall be undertaken no more than once in any Calendar year unless specifically authorized by the
Department.
5. Any debris or excess material from construction of this project shall be completely removed from the adjacent area
(upland)and removed to an approved upland area for disposal. No debris Is permitted in tidal wetlands and or protected
buffer areas
6 The storage of construction equipment and materials shall be confined to within the project work site and or upland
areas landward of the existing driveway.
DEC PERMIT NUMBER PAGE 2 of 4
1-4738-03029/00005
N NEW YORK STATE DEPARTMENT OF ENVIRONMENIMONSERVATION
ADDITIONAL GENER CONDITIONS FOR ARTICLES 15 (TITL ), 24, 25, 34 AND 6NYCRR PART 608
(TIDAL WETLANDS)
1. If future operations by the State of New York require an alteration in the position of the structure or work herein
authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable
obstruction to the free navigation of said waters or flood flows or endanger the health, safety orwelfare of the people
of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the
Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the
State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of
the watercourse hereby authorized shall not be completed, the owners, shall,without expense to the State, and to
such extent and In such time and manner as the Department of Environmental Conservation may require, remove
all or any portion of the uncompleted structure or fill and restore to Its former condition the navigable and flood
capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal
or alteration.
2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized
which may be caused by,or result from future operations undertaken by the State for the conservation or
improvement of navigation,or for other purposes, and no claim or right to compensation shall accrue from any such
damage.
3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission,consent
or approval from the U.S Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services
or local government which may be required.
4. All necessary precautions shall be taken to preclude contamination of any wetland orwaterway by suspended solids,
sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally
deleterious materials associated with the project
5 Any material dredged In the conduct of the work herein permitted shall be removed evenly, without leaving large
refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause
damage to navigable channels or to the banks of a waterway.
6 There shall be no unreasonable interference with navigation by the work herein authorized.
7. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the
applicant shall, without expense to the State, and to such extent and in such time and manner as the Department
of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore
the site to its former condition No claim shall be made against the State of New York on account of any such
removal or alteration.
8 If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the
subject projectwill not contravene effluent limitations or other limitations or standards under Sections 301,302,303,
306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met
9. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top
portion of the enclosed notification form certifying that they are fully aware of and understand all terms and
conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be
signed and returned, along with photographs of the completed work and, if required, a survey
10. All activities authorized by this permit must be In strict conformance with the approved plans submitted by the
applicant or his agent as part of the permit application.
Such approved plans were prepared by: One sheet prepared by Robert Fox, L S. dated amended 4/23/04 and
stamped "NYSDEC Approved 4/15/05."
DEC PERMIT NUMBER PAGE 3 of 4
1-4738-03029/00005
V NEW YORK STATE DEPARTMENT OF ENVIRONMI CONSERVATION
® NOTIFICATION OF OTHER PERMITT - -)BLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee expressly agrees to Indemnify and hold harmless the Department of Environmental Conservation of the
State of New York, Its representatives, employees, and agents ("DEC")for all claims, sults, actions, and damages, to the
extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities In
connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance
or not In compliance with the terms and conditions of the permit This Indemnification does not extend to any Claims, sults,
actions, or damages to the extent attributable to DEC's own negligent or Intentional acts or omissions, or to any claims,
suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen
suit or civil rights provision under federal or state laws
Item B: Permittee's Contractors to Comply with Permit
The permittee Is responsible for Informing Its Independent contractors, employees, agents and assigns of their
responsibility to comply with this permit, Including all special conditions while acting as the permittee's agent with respect
to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental
Conservation Law as those prescribed for the permittee
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may
be required to carry out the activities that are authorized by this permit
Item D: No Right to Trespass or Interfere with Riparian Rights
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 Impairment of any rights, title, or Interest In real or
personal property held or vested in a person not a party to the permit
GENERAL CONDITIONS
General Condition 1: Facility Inspection by the Department
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 SAPA401(3).
The permittee shall provide a person to accompany the Department's representative during an Inspection to the permit
area when requested by the Department
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 or faculty Failure to produce a copy of the permit upon request by a
Department representative is a violation of this permit
General Condition 2: Relationship of this Permit to Other Department Orders and Determinations
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, conditions or requirements contained In
such order or determination
General Condition 3: Applications for Permit Renewals or Modifications
The permittee must submit a separate written application to the Department for renewal, modification or transfer of this
permit Such application must include any forms or supplemental information the Department requires Any renewal,
modification or transfer granted by the Department must be in writing
The permittee must submit a renewal application at least
a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous
Waste Management Facilities (HWMF), mayor Air Pollution Control (APC) and Solid Waste Management
Facilities (SWMF), and
b) 30 days before expiration of all other permit types
Submission of applications for permit renewal or modification are to be submitted to
NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg #40, Stony Brook NY 11790-2356
General Condition 4: Permit Modifications, Suspensions and Revocations by the Department
The Department reserves the right to modify, suspend or revoke this permit In accordance with 6 NYCRR Part 621 The grounds
for modification, suspension or revocation include
a) materially false or Inaccurate statements in the permit application or supporting papers;
b) failure by the permittee to comply with any terms or conditions of the permit,
c) exceeding the scope of the project as described In the permit application,
d) newly discovered material information or a material change In environmental conditions,relevant technology or applicable
law or regulations since the Issuance of the existing permit;
e) noncompliance with previously issued permit conditions,orders of the commissioner,any provisions of the Environmental
Conservation Law or regulations of the Department related to the permitted activity
DEC PERMIT NUMBER PAGE 4 OF 4
1-4738-03029/00005
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DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
11 JACOB K.JAVITS FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
REPLYO O 20
ATTENTION OF � JAN �J
Eastern Permits Section
SUBJECT: Application No . 2004-00115-1-L2 by Mary S . Zupa
Mary S'. . Zupa
c/o Catherine Mesiano, Inc .
12 Mill Pond Lane
East Moriches, New York 11940
Dear Ms . Zupa :
In response to your letter dated November 4 , 2005, regarding
the subject project previously authorized by the New York-
District of the U. S'. Army Corps of Engineers on August 1 , 2005 ,
which authorized Mary S . Zupa to dredge approximately 190 cubic
yards of •clean sand within the mouth of the existing boat basin,
to be dredged to a . depth of four feet below mean low water in an
area approximately 30 feet wide by 140 feet long . Approximately
50 cubic yards of the dredged material would be placed along a 60
foot wide by 100' foot long area as beach nourishment east of the
dredged site; and installation of a 60 foot long geotube would
be placed at the toe of the easterly section of the existing
bulkhead for temporary storage of approximately 150 cubic yards
of dredged material . The site .is located in Southold Bay,
Shelter Island Sound in the Town of Southold, Suffolk County,. New
York.
By letter dated November 10 , 2005 , the applicant ' s agent
Catherine Mesiano, requested a modification to eliminate the 60
foot long geotube and include the installation of a 52 linear
foot low-sill bulkhead, replace, in-place approximately 500
linear foot long timber bulkhead, install a 4-foot wide by 4 -foot
long step-down steps leading to the beach and place along 112
foot section 1000-1500 , pounds of- rock at the easterly section of
the existing jetty. Also, re-vegetation of- approximately 640
square feet would occur landward of the new low-sill bulkhead
with Spartina Alterniflora 18-' inches on center plus a section of '
buffer area .
We hereby reconfirm that the proposal is still permissible
under Department of the Army Nationwide Permit Nos . 3 and 19
until August 1, 2007 . This remains subject to the terms and
conditions of Nationwide Permit No . 3 and 19 , the revised
drawings dated November 3 , 2005 , the attached Regional
Conditions, the Nationwide Permit General Conditions listed in
Section C of the January 15 , 2002 Federal Register, Final Notice
of Issuance, Reissuance and Modification of Nationwide Permits
(67 FR 2020) , and the following special condition.
i ' N Propased, Dred ing Cr000 Scot(on5
Plan 1 V YV W-.E Purpose) Safe Navlgaio_n
Near 5CT# 1000-81-I6,� g
Applicant - SCALE I'= lo'
5outhold, New York A
Tide Range, 2.5'+/- " ` Long, '12-23-22 MUIAI
Datums eon LOw
bkd. MHN
I"= 60' pL_ :� max.
50ALE Ion 2
slopes
-4 (MLN
Southold Say
B 't��Qk. B
9° 70 drift ex.bkd. g'O e dredged mat erial(all above HWM)
43-
ab ,b Sp
43 - 50 C. y s. MHN
,I
b° Amato be Dredged LW
�f ,b Gut to-4 M.L.W.
Sa 34 S4 •• 4. ,b
34 „•• ,4 (approx.190 C.yds.) pinned _
,- I - see section A-A
haybales
9 7 S.1 j • S 41
• C
,7 " '� •-37 �^ 97 ---97-- Dredge Material dr i site existing grade
21 .21 - Z ; , max 150 c yds. a Z' dee
material to be trucked offsite
'
04 A after dNing.
7A
°7 ;% R , Dredged material to
renourlsh beach area
MLW(ELOO) g = max. 1:10 slopes
•�q° `�' --3 all above MHW
!A ,I ,rel
- °j ,6 7C (approx.50 c.yds.)
I 4,6;1 Bee section B—B
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*` o 4 I+ "D!e o Material" �n
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SEA LEVEL
4 MAPPING `°. ti997 .�° Amended
4 EAST MAIN STREET % 04-23-04
THIS PLOT WAS DEVELOPED
PHONE 531-X21-EAD,NY 11901 S O1
PHONE FROM 5URVEY5 OF 12-21-03
Sheet I Off I ROBERT H. FOX, NYS Llcp 50141
'S
I 4/T9/]004 4.10.04AM GViBinah A6-IG11d-.t.nlnnnlndl......
s
Special' Condition
(A) The permittee understands and agrees that, if future
operations by the United States require removal, relocation, or
other alteration, of the structure or work herein authorized or
if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of
Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United
States . No claim shall be made against the United States on
account of any such removal or alteration.
If you should have any questions regarding this matter,
please contact Ms . Denise Butts, of my staff, at (917) 790-8513 .
Sincerely,
Michael G. Vissichelli
��✓ Chief, Eastern Permits Section
2
1 '
I
.mss
STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231-0001
GEORGE E. PATAKI RANDY A. DANIELS
GOVERNOR May 6, 2005 SECRETARY OF STATE
Catherine Mesiano
12 Mill Pond Lane
East Moriches,NY 11940
Re: F-2004-0402
U.S. Army Corps of Engineers/New York District Permit
- - Application#2004-00115012 4
Mary Zupa -maintenance dredge; beach nourishment; bulkhead
replacement;bulkhead installation
Southold Bay,Town of Southold, Suffolk County
DEC#1-4738-03029/00005
General Concurrence-Proposal Modified To Be Consistent
Dear Ms.Mesiano:
The Department of State received your modified proposal regarding this matter on January 3,2005. The modified
proposal involves replacement of 500'bulkhead in place;installation of 52'of low-sill bulkhead;wetland planting;
4'x4'steps to beach; maintenance dredge approximately 190 cubic yards;place 50cy of dredged material on beach
above mhw as nourishment with remaining dredged material to be used as backfill for bulkheading.
The Department of State has determined that this proposed activity,which has been modified to be consistent with
the New York Coastal Management Program, meets the Department's general consistency concurrence criteria.
Therefore,further review of the proposed activity by the Department of State,and Department's concurrence with
an individual consistency certification, are not required.
When communicating with us regarding this matter,please contact Bridget Kennedy at(518)486-7670 and refer
to our file#F-2004-0402.
Sincerely,
appieriV
Supervisor of Consistency Review and Analysis
Division of Coastal Resources
c: COE/New York District-Denise Butts
NYSDEC/Region 1 -George Hammarth
WWW.DOS STATE.NY.US • E-MAIL' INFOgQ DOS.STATE.NY US
Albert J. Krupski, President Town Hall
James King,Vice-President 53095 Route 25
P.O. Box 1179
Artie Foster
Southold, New York 11971-0959
Ken Poliwoda ;
Peggy A. Dickerson Telephone (631) 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
June 24, 2004
Ms. Catherine Mesiano
Catherine Mesiano, Inc.
12 Mill Pond Lane
East Moriches, NY 11940-1222
Re: Mary S. Zupa
Application to dredge channel into Paradise Point Basin, Southold
SCTM#81-1-16.7
Dear Ms. Mesiano:
The Board of Trustees took the following action during its regular meeting held on
Thursday, June 24, 2004 regarding the above matter:
WHEREAS, Catherine Mesiano on behalf of MARY S. ZUPA applied to the Southold
Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town
of Southold, application dated April 27, 2004, and
WHEREAS, said application was referred to the Southold Town Conservation Advisory
Council for their findings and recommendations, and,
WHEREAS, Public Hearings were held by the Town Trustees with respect to said
application, the last of which was on June 24, 2004, 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,
2
NOW THEREFORE BE IT
RESOLVED, that the Board of Trustees DENY WITHOUT PREJUDICE the application
of MARY S. ZUPA because a need was not established and because of the existence
of a permit for the same or similar activities, and the permittee has dredged within the
last year, pursuant to that permit. If a need arises and the conditions warrant it, an
application may be submitted at that time. The Trustees accept applications for
maintenance dredging at any of their 12 (twelve) monthly meetings.
BE IT FURTHER RESOLVED that this determination should not be considered a
determination made for any other Department or Agency, which may also have an
application pending for the same or similar project.
Very truly yours,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK:Ims
cc: Mary S. Zupa
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