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Home My WebLink AboutTR-447 Amend T §J HENRY P. SMITH, JOHN M. BREDEMEYER, III, President` J` III TELEPHONE John Bednoski, :Jr. ,., a ') ' , _! (516) 765-1892 ALBERT KRUPSKI, JR., Vice-President BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 25, 1988 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Re: John Dwyer - Permit 447 Dear Mr. Haje: Pursuant to your request for an amendment to the above referenced project, please be advised that the Trustees have inspected the property on March 17 , 1988 and have approved your request to amend the permit as per the revised plan, dated February 17, 1988, which was submitted to this office. Should you have any questions or concerns, please do not hesitate to contact this office at the telephone number listed above. Very truly yours, hn M. Bredemeyer, III President Board of Town Trustees JMB:ip cc: Bldg. Dept. file TOWN OF SOUTHOLD BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No. ...447.......... has been granted by the Town Trustees according to information furnished in Application No. filed by Applicant .En.Consultants,,,Inc,,, ..5 8 5............ ......... .. ................... .for John Dw�SK........ on .Dece,ber„17;,,,, 19...87, , A map of the proposed work will be kept on file in the Trustee Office under the application number given. Permit granted to do the following work .To..replace (within 18") existing, bulkheads on,,,,, ............................................_...................... .west and north sides of prol?erty,:...On, west side 87±'„and on the norh,,,� $!,,,.,,!1;1aese .......................................... ............................ include sections on the n/w corner that washed out:,,,,,Approx;,,,250„c�},;,,,y,�j�f,,,�1;... . ..... ..... ..... . ...... ...... .. . .................................. 'fi1T"will"be trucked' iri"for bac);c.fiil: Location of property on which work to be done ...Old„Mill Road, ,Mattit cl�....:.......................... ................................................................................................................................................................. ................................................................................................................................................................. Creek, Bay or Harbor fronting property .. Mattituck...Greek ................................................................................................................................................................. Size of work: Length .....HI....and ' . ...75...................................................................................................... Width ............................................................................................................................. HeightAbove High Water ............................................................................................. DepthBelow Low Water ................................................................................................. Yardsto be Excavated ..............................................................................:...................... Yards to be Filled ......250 cu: Yds: , ......................................... Manner in which material is to be removed or deposited ,.Trucked or barg.ed, in.......; ................... .................... ................................................................................................................................................................. Intendeduse of property ......Residential.............................................................................................. ................................................................................................................................................................. Conditionsif any ..................................................................................................................................... ................................................................................................................................................................. Expiration Date December 17, 1989 if work has not commenced by,said„date................ ................................................................................ Number of Inspections Required ..2,„Trustees are to be notified upon completion of the ................................................................ ........................... work. Inspection Fees $10..paid . .......................................... ........................................................................ ---------------------------=----- LiabilityPolicies in the Amount of ......................................................................................................... The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations here- under until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Trustees upon receipt by the Trustees. of written notice from such other governmental or municipal authorities of its refusal or disapproval. The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit „and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter upon the premises where such operations are being conducted to make such inspections as the Town may deem necessary to insure that such operations are being con- ducted in conformity with this permit. This operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E. Increase the danger of flood and storm-tide damage. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety and general welfare of the people of the town. Signedr President Board of Southold Town Trustees Date...... ... .......f�: .2 ............................... � HENRY P. SMITH, President tkill �L Y w„ TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. �t iG �* R'° (516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. i, ... � ELLEN M. LARSEN '�"� '=j BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 17, .1987 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Re: Application No. 585 - 1000-106-4-2 Dear Mr. Haje: The following action was taken by the Board of Town Trustees during their regular meeting held on December 17, 1987 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of John Dwyer applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 25, 1987, 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 December 17, 1987 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, Inc. on behalf of John Dwyer BE AND HEREBY IS GRANTED PERMISSION UNDER THE FRUVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: replace (within 1811) existing bulkheads on west and north sides of property. On west side, 87± lin. ft. and on the north 75± lin. ft. will be built. These include sections on the n/w corner which have washed out. Approximately 250 cu. yds. of fill will be trucked in for backfill. Project is emergency as erosion has reached foundation and has caused it to crack. Bulkhead on n/s-ds being held up by cable attached to basement of house. Property is located on Old Mill Road, Mattituck. Approval is subject to Page 2. submission of an accurate drawing of the work prior to the issuance of a permit. This permit will expire on December 17, 1989 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any .other department or agency which may also have an application pending for the same or similar project. Please remit a $10.00 fee for Wetland Inspections. Upon remittance your permit will be forwarded by mail. PLEASE RETURN TO THE BUILDING. DEPT. FOR A DETERMINATION ON THE NEED OF ANY OTHER TOWN PERMITS THAT MAY BE REQUIRED. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Commissioner Thomas C. Jorling, D.E.C. , Albany `Robert A. Greene, D.E.C. , Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin. Building Dept. Planning Board Board of Appeals Town Clerk's Bulletin Board file Pb HENRY P. SMITH, President a}' "` JOHN M. BREDEMEYER, Vice-Pres. �� y`, TELEPHONE PHILLIP J. GOUBEAUD � � Y � (516) 765-1892 ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 October 30, 1987 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road - Southampton, New York 11968 -Re: Application No. 585 - 1000-106-4-2 Dear Mr. Haje: The following action was taken by the Board of Town Trustees during their regular meeting held on October 29, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of En-Consultants, Inc. on behalf of. John Dwyer for a ` etland Permit on certain prQpeyty located on Old Mill Road, Mat ituck. Please have the property sta .1 87. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Commissioner Thomas C. Jorling, D.E.C. , Albany Robert A. Greene, D.E.C. , Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin. , Building Dept. Planning Board Board of Appeals Town Clerk's Bulletin Board file HENRY P. SMITH, Presidentf' JOHN M. BREDEMEYER, Vice-Pres. ®y TELEPHONE PHILLIP J. GOUBEAUD yi °,„fir ' (516) 765-1892 ALBERT ELLEN MK JR. LARSEN .� G! BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 October 1, 1987 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. 585 for a Wetland Permit submitted by En-Consultants, Inc. on behalf of John Dwyer. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip Attachment �o��FFn��oG HENRY P. SMITH; President O JOHN M. BREDEMEYER, Vice-Pres. C= TELEPHONE PHILLIP J. GOUBEAUD (516) 765-1892 ALBERT ELLEN MK JR. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road 'P.O. Box 728 - Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: November 24, 1987 APPLICATION NO. : 585- - 1000-106-4-2 NAME: EN-CONSULTANTS, INC. ON BEHALF OF JOHN DWYER This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: To replace (within 1811) existing bulkheads on west and north sides of property. West side, 87± lin. ft. and on north 75± lin. ft. These include sections on nw corner which have washed out. 250 cu. yds. of fill will be LOCATION• trucked in for backfill. . Old Mill Road, Mattituck REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. 3. The Southold Town Conservation Advisory Council has recommended approval of the project. Board of Trustees Page 2. For further information regarding this application please contact: Henry P. Smith, President Board of Town Trustees Southold Town Hall Main Road Southold, New York 11971 Call: (516) 765-1892 cc: Commissioner, Thomas C. Jorling, D.E.C. , Albany Robert A. Greene, D.E.C. , Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal. Management John Holzapfel, Chairman, Southold- Town C.A.C. Victor Lessard, Admin. , Building Dept. Planning Board - Board of Appeals Town Clerk's Bulletin Board file En-Consultants, Inc. on behalf of John Dwyer HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. TELEPHONE I.PHILLIP J. GOUBEAUD • (516) 765-1892 ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Date: October 1, 1987 To Whom It May Concern: Attached hereto is a Short Environmental Assessment Form submitted by En-Consultants, Inc. on behalf of John Dwyer in connection with his application of a Wetland Permit to replace (within 1811) existing bulk- heads on the west and north sides of property. On west side, 87± lin. ft. and on north 75± lin. ft. will be built. These include sections on the north west corner which have washed out. Approximately 250 cu. yds. of fill will be trucked in for backfill. Project is an emergency as erosion has reached foundation and has caused it to crack. Bulkhead on north side is being held up by cable attached to basement of house. Property is located on Old Mill Road, Matti_tuck. ,y? Henryr P Smith, President Board of Town Trustees Posted: October 1, 1987 BnAAD OF TOWN TRUSTEES-- -- - TOWN ..OF. SOUTHOLD SNORT ENVIRONMENTAL ASS'ESSMENT FORM Project Information (To be completed by Applicant or Project sponsor) 1. Applicant/sponsor 2. Project Name John Dwyer by En-Consultants, Inc. 3. Project location: Municipality Old Mill Road, Mattituck County Suffolk 4. Is proposed action: rr�� ❑ New ❑ Expansion L`_1 Modification/alteration 5. Describe project briefly: SEE ATTACHED NOTE: PROJECT IS EMERGENCY AS FOUNDATION OF HOUSE IS' EXPOSED AND CRACKING. 6. Precise location(road intersections, prominent landmarks,etc.or provide map) Old Mill Road, Mattituck 7. Amount of land affected: Initially .028 2 8 acres Ultimately acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? ® Yes ❑ No If No,describe briefly 9. What is present land use in vicinity of project? In Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Parkland/open space ❑ Other Describe: 10. Does tion involve a permit/approval,or funding,now or ultimately, from any other governmental agency(Federal,state or local]? Yes ❑ No If yes, list agency(s)and permit/approvals DEC, DOS, COE 11. Does any aspect IN the action have a currently valid permit or approval? El Yes N No If yes, list agency name and permit/approval type 12. As result of proposed action will existing permit/approval require modification? r ❑ Yes t<A No I CERTIFY THAT THE RMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor name: John Dw er by - nsultants, Inc. Date: 9/16/87 Signature: V Roy L. Haje, esi e -PART II Environmental Assessment (To be comA, Teti br-Agency) _ A. Does action exceed any Type I threshold in 6 NYCRR, Part 617.12? If yes,coordinate the review process and use the FULL/LONG FORM EAF. e ❑ Yes ❑ No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR,Part 617.7?involved action. If No,a negative declaration may be superseded by snot. ❑ Yes ❑ No C. Could action result in ANY adverse effects on,to,or arising from the following:(Answers may be handwritten, if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal,potential for erosi_ drainage or flooding problems? Explain briefly: C2. Historic,archeological,visual or aesthetic,or other natural or cultural resources;agricultural districts;or community or neighborhood character?Explain bi C3. Vegetation or fauna,movement of fish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources? Explain briefly. CS. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly. C6. Secondary,cumulative,or other effects not identified in C1•C6? Explain briefly. C7. A change in use of either quantity or type of energy? Explain briefly. PART III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwis significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring (c)duration;(d) irreversibility;(e)geographic scope; and(f)magnitude. If necessary, add attachments or reference supportin: materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identifies and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Thee proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentatior that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and of attachments as necessary, the reasons supportng this determination: Agency Name Agency Preparer's Name Preparer's Signature:Title Date V - 2 LEAD AGENCY DECLARATION: En-Consultants, Inc. on behalf 'of John Dwyer """INSPECTION: OCTOBER 21, 1987 RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of En-Consultants, Inc. on behalf of John Dwyer for a Wetland Permit on certain property located on Old Mill Road, Mattituck. **** PLEASE NOTE THAT THERE IS A REQUEST FOR AN EMERGENCY APPROVAL THAT THE FOUNDATION OF THE HOUSE IS EXPOSED AND CRACKING. yt;.. !:•"�.;ASS*t -� TELEPHONE ' BOARD OF TOWN TRUSTEES (516) 765-1892 TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS , ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS , FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN OF SOUTHOLD , AND THE ISSUANCE OF PERMITS PURSUANT To CHAPTER 32 OF THE CODES OF THE TOWN OF SOUTHOLD. APPLICATION No. .dlO�r September 25 1987 DATE OF, APPLICATION P � IDENTITY OF APPLICANT John Dwyer---------—=—---------------------------- PHONE N< 201-485-3626 ADDRESS OF APPLICANT 439 Soutli. Unon Avenue ------------------------------------------------- --------------------- Crawford, New Jers_ey_ 01670 --------------------- TAX MAP NO, 1000-106-4-2 --------------------------------------------------------- AGENT En-Consultants I Inc. . 1329 North. Sea _R_oad, Southampton _PHONE Nc 516-283-6360 PERMIT REQUESTED TO__ -_-------__ __ ____ SEE ATTICHED ---------- --------------------- NOTE: PROJECT IS EMERGENCY AS FOUNDATION OF HOUSE IS EXPOSED AND CRACKING. LOCATION OF PROPERTY FOR WHICH PERMIT WANTED ------------- Old Mill Road, Mattituck HOME ADDRESS " OF PERMIT APPLICANT IF DIFFERENT FROM •AFORESAID LOCATIOr ------------ 439_ South Union Avenue,-Craw- ford,-ord, New Jersey_01670 CREEK, BAY OR HARBOR FRONTING PROPERTY Mattituck Creek. ------------------------------- SIZE OF PROPOSED WORK See Above ----------------------------------- --- LENGTH--------------------------------------------------------- WIDTH----------------------------------------------------- n HEIGHT ABOVE HIGH WATER DEPTH BELOW LOW WATER--------------N/A_----- i YARDS TO BE EXCAVATED 0 ---------------------------------------------------- YARDS TO BE FILLED 250 ------------------------------------------------------- WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY 125 ._ -------------------------- DEPTH AT LOW TIDE 2 ' -------------- ------------------------ AVERAGE RISE 1N TIDE 61 ----------------------------------------------------- DISTANCE TO THE NEAREST CHANNEL • 15 ' FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA 0 FT. 1S THIS FOR PRIVATE OR BUSINESS USE?•.• . .. .P,rivate ------------------------------------- AREA ZONING Residential --------------------- MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED Trucked or barged in ------------------------------------------------------------------------- INTENDED USE OF PROPERTY Residential ------------------------------------------------- DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE ------------- None Known ----------------------------------------------------------------------- AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES . WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAL AGENCY ------------------------------------------------------------------- -----------------------------N/A------------------------------------------ ---------------------------------------------------------------- --- ----- DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF THE PROJECT SITE IF NECESSARY N/A ------------------------------------------------------------------------- ------------------------------------------------------------------------- WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPL I•CANT. --------------------------------------------------------------- -----------------------See—Attached ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? None Known PROJECT DESCRIPTION Replace (within 18") existing bulkheads on west and north sides of property. On west side, 87+ l.f. and on north 75+ l.f. will be built. These in clude sections on nw corner which have washed out. Approximately 250 c.y. of fill will be trucked in for backfill. PROJECT IS EMERGENCY AS EROSION HAS REACHED FOUNDA- TION AND HAS CAUSED IT TO CRACK. BULKHEAD ON NIS IS BEING HELD UP BY CABLE ATTACHED TO BASEMENT OF HOUSE. Town Hall, 53095 Main Road P.O. BOX 1179 TELEPHONE (516) 765-1801 i�� Southold, New York 11971 ;;_;� SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL November 24, 1987 To: Southold Town Trustees From: Southold Town Conservation Advisory Council The CAC made the following recommendations at their regular meeting held Thursday, November 19, 1987: . No. 576 - Richard Mohring, Jr. - Recommend approval. No. 577 Anthony W. and Carolyn R. Leggio - Tabled application. No. 578 - Anthony Robustelli - John .Holzapfel will advise the Trustees at their meeting, Tuesday, November 24, 1987. No. 579 - Michael J. Schulam -Recommend approval. No. 580 and 581 - Stephen Perricone- Recommend approval with the stipulation that the cesspools are placed no closer: to the wetlands than indicated on the submitted plans. The CAC would prefer that the applicant try to place the cesspools as far from the wetlands as possible. No. 582 - Marjorie Todd - Recommend approval with the stipulation that the bulkhead in installed in kind, in place or behind the existing structure. Under no circumstances should the bulkhead be placed within 18" in front of existing bulkhead. No. 583 - Joseph Berardino - Recommend approval. No. 584 - Wunneweta Pond Association - Recommend approval. No. 585 - John Dwyer- - Recommend approval. Suggest work- be-done- as--.. Isoon as possible. No. 586 - Manfred E. Kuerner - Recommend approval with the stipulation that all runoff (rain,water, etc.) be collected and contained on site. No. 587 - Dr. Veljko J. Krstulovic - Recommend approval. No. 588 - Ellen Guiton - Recommend disapproval. No need is shown and the are no adjacent bulkheads. This would set a precedent in the area. ENVIRONMENTAL SERVICES EN-CONSULTANTS,, INC . 1329 NORTH SEA ROAD, SOUTH AMPTON, NEW YORK 11968 516-283-6360 February 18, 1988 Mr. Joseph Hall New York State Department of Environmental Conservation Building 40, SUNY, Room 219 Stony Brook, New York 11794 Re: John Dwyer #10-87-1665 Dear Mr. Hall: Following our on-site meeting of February 16, 1988, we have revised the project such that rip- rap will be placed along the west shoreline and around the corner to the approximate east side of the deck which is to be removed. From this point it will join a bulkhead which will be re- placed within 18" . The easterly 83± ' section of bulkhead will be removed and replaced. I have attached revised work plans indicating these modifications . I trust that a permit can be issued shortly. By copy of this letter and work plan, I am re- questing other involved regulatory agencies to amend their applications accordingly. Yours truly, Roy L. Haje President RLH:khs Enc. cc: %/outhold Trustees Permit #447 COE #87-1176-L2 James H. Rambo, Inc. DOS #F-87-635 John Dwyer f1 1 \ �1 r V Ktl I J k zQ03 MATTiTuc//J�`�o �t `10 k 1952 _l MAFt ry VD 1 o z U FEET wf SSA 11 V°^9 r.i�� ✓- P- vp o Fo4. Co //�g6STRo/`1 fQ �1 /a OV�G a E�/3T/NG 06el< TLA !bi /�Erfov24 st No u 5,. r'h• Ex�ST/N6 f3c.K0 To (3tr \�`!✓- SuPpi-cl`IA6-rKOW/-rq e Ri P-RA P yw RCnA/.vs of 0�-� CONCRETE' rSRIOGE ^t6uT17,'94? J(/O TES POR PaS.c: E'Ro5/dN <foivTrZoL PRv PO SC O 43 14,E A O 0,9-ru/`•l: ML w REPL CE-/jeNT l.✓/TN/n/ RiP-RAP AOJe10ENT 04J+y£r25: fir- .fONN /`'�• �Wy/c-2 STATE OF NEW YORK 0.4 AIA-rT/ 'r-uCK A7' MATT/ Tuc/</ SUFFoLK C o./ 5 NE'c T A. 9//a/8'7 I'r MHiJ=G/-� RIP- RAP f3 �cn10 o F R CRoSs - $CcT/o.J SNaG�..� N lBavE / S 144aR j3 uLKH4aA0 i5STA/YT//11-4-`- .cX/sTS. �N /(,J C'vRN��2 L•JH•cR�= ONLY R.c/'7N/`I/VTS O/- /9O fZ�1-fAI.J R1P- RAP <a�4";(6"(.1 A L,BS /G/Pi�i�vG �`Xi3Ti.vG G 4i9OE 8y� OEAvnr�� F�•ET �G-S�cT TKRv PFioP. a�.K,Q PRoPOScO e)04_ < H6'�O REPc.ficc r��NT W/TNinl /g•' o../ MATT/ /< AT ATT/ Tv�K1 SU1cFOLK 5 NC c T .?ofa 9�/a/S'1 R� v ENVIRONMENTAL_ SERVICES 'a EN-CONSULTANTS, INC . 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360 February 10, 1988 Mr. Joseph Hall New York State Department of Environmental Conservation Building 40, SUNY, Room 219 Stony Brook, New York 11794 Re: John Dwyer #10-87-1665 Dear Mr. Hall: I plan to be present on site February 16, 1988 at 1:00 P.M. to meet your field personnel. At- tached please find a work plan of the project as we now propose it. Specifically, upon exami- nation of the westerly property line, it was noted that a large amount of concrete and rock debris is already present. As much of this has sunk to a considerable depth below the bottom, it would be necessary to excavate it out entirely in order to install timber pilings and sheathing of suf- ficient depth to insure the preservation of the house which lies in close proximity. Rather than attempt this, the contractor suggests that a rip- rap blend of 10 to 750 pound size be placed on the existing rip-rap (where present) and in the same line at the northwesterly corner. In addition, a 10± ' section of rip-rap on the northerly section will be rip-rap where it will tie into the reconstructed bulkhead on that side only. Placement of rip-rap in the relatively deep water at the northeast corner will require building up of the stone before it will extend above water. We expect an angle of repose to be approximately 1 on 2, but this is difficult to establish with any certainty. No filter cloth can be put down first in this type of installa- tion. s In order to gain access to the northeast corner, it will be necessary to fill out to it along the westerly side of the house. Our approximate es- timate of the amount of rip-rap is 100 cubic yards . In addition, approximately 25 cubic yards of loam will be placed landward of the .rip-rap and northerly bulkhead once construction is complete. I trust this information is useful to you in pre- paration for our meeting. We are contacting other involved regulatory agencies to determine their availability on the meeting date. Yours" truly, Roy L. Haje President RLH:khs Enc.. cc: COE #87-1176-L2 DOS F-87-635 Southold Trustees Permit #447 Dwyer New York State Department of Environmentai Conservation Building.40—SUNY, Stony Brook, New York 11794 (516) 751-7900 Thomas C. Jorling Commissioner February 2, 1988 Mr. Roy L. Haje, President En-Consultants 1329 North Sea Rd. Southampton, NY 11968 Re: John Dwyer, 10-87-1665 Dear Mr. Haje: I have discussed your January. 28, 1988 letter with program staff. The meeting you request is quite all right with us. I assume you suggest meeting at the site. The earliest date we can provide is February 16, 1988 at 1 :00 p.m. The next available date is mid March, so I uree you to sieze this opportunity. In the interim, could you please provide plans of the modified project as you conceive it to this point. We would like plan and cross-section views of the rip-rap/bulkhead construction and the proposed area to be filled for equipment access. Please include estimates of amounts and of type of fill and rip-rap materials to be used. In addition, if you could outline specifically what practical difficulties you anticipate due to deep water (in narrative form) . These materials, provided as soon as possible before our meeting, will enable us to be better prepared to discuss and hopefully resolve this issue. Very truly yours, 5ZJo�sephB. Hall /� Environmental Analyst JBH:j f Cc: J. Dwyer A. Kellar C. Hamilton file PUBLIC HEARING IN. THE MATTER OF JOHN DWYER DECEMBER 17, 1987 NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON. THURSDAY, DECEMBER 17, 1987 ON THE . FOLLOWING APPLICATION FOR A PERMIT UN DER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN:. In the matter of the application of John Dwyer to replace (within 1811) existing bulkheads on west and north sides of the property. . On the west side, 87±' and on the north 75±' these include sections on the'north west corner which have washed out, 250 cu. yds. of fill will be trucked in fro back.fill. Property is located on Old Mill Road, Mattituck. Trustee Smith: Does anyone have any comments to make on this application? Roy Haje, En-Consultants, Inc. for the. applicant: If you have visited the property at this point I think you can appreciate the need of the work to be done. The foundation of the house is cracking and going to become rip-rap. Trustee Smith: The comments from the Conservation Advisory Council is that they recommend that the work be done as soon as possible. Trustee Goubeaud: We taped it off, and on the west wall, where it is parallel with the inlet it seems to be about 8 ft. longer than the intent of the application. It Trustee Bredemeyer: It is 8 ft. longer than the intent of the application is. To have the wall on the north side intersect the west wall. We are talking about a straight line starting at the old bridge abutment and went north. Jeff hung out with the tape there. Roy Haje: I estimated it as closely as I could. I could not get out there. Trustee Bredemeyer: With two people out there, we just managed to get it. Roy Haje: It will be easy to verify. Trustee Goubeaud: Keep everything in line with the northerly bulkhead and the westerly bulkhead. The most northern spile of the deck that is there. Trustee Bredemeyer: I think we are going to need a new drawing for the file and new measurements so that we don't end up with a situation where the D.E.C. is doing additional field inspections. We don 't want discrepancies here that the owner of the property will have to explain to the enforcement officers. Trustee Smith: Are there any other questions? No comments. Then I will close this public hearing. Ilene Pfifferling, Cl erk �J ENVIRONMENTAL / SERVICES EN-CONSULTANTS, INC . 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360 January 28, 1988 Mr. Joseph Hall New York State Department of Environmental Conservation Building 40 , SUNY, Room 219 Stony Brook, New York 11794 Re: John Dwyer #10-87=1665 Dear Mr, Hall: A recent inspection of the subject premises by the contractor indicates continued deteriora- tion which calls for changes in the way the project will be undertaken. On the westerly side, it . is now our proposal to place stone rip-rap in front of and over the remaining timber bulkhead and up to and including the north west corner, the area of most severe erosion. The east west bulkhead which forms the northerly property line, will be reconstructed as far west as possible where it will meet the afore-mentioned rock rip-rap. Due to the narrow distance between the existing house and bulkhead, it will be necessary to build out the shoreline from south to north in order to give equipment access to the north west corner. In addition, relatively deep water in close proximity to the area which must re- ceive the rip-rap, will also create significant practicle difficulties in implementing the pro- ject. Modifications may be needed on the spot as problems arise. As I fear the potential for complaints and violations due to necessary modifications in the on-going project, I would like to request a joint meeting between all involved regulatory agencies , the contrac or, and myself as representative of the property ner. I further request that this be done as quickly as possible, as we are truthful in stating that the potential for serious damage or even loss of the house exists in the near future if the problem is not corrected immediately. Copies of this letter are being sent to other regulatory agencies, in the hope that a mutually convenient meeting time can be arranged. Yours truly, Roy L. Haje President RLH:kris cc: Southold Trustees #447 Corps of Engineers #87-1176-L2 Department of State #F-87-635 James H. Rambo, Inc. John Dwyer ;X 4 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD — 53095 Blain Road Phone 765-1892 ��9' 3 2 212 " g Southold, N. Y. 11971 a 7 Date— —.I 9-Lz 1 RECEIVED OF, d 2 / �•� �� — C 71 _C ��;�� n � 2LDollare S -crC) For BOARD OFT �i T TRUSTEES Cash Cheek g C .� �/ ✓ . �rrsa^.ie..me.e�.aeame�a�nraen.,a�. awsgsmsma. ''�ar+esrseas� a t�:�+�MeMasee►e� ��ks+m�msaa.aes.w _ BOARD OF TOWN 'TRUSTEES .�..a.�,.�►aQ '� �'mr.�. TOWN OF SOUTHOLD 53095 Main Road Plione 765-1892 'p ` - E Snathold, N. Y. 11971 322 7 " o � llatc__ .RECEIVED OF, — �, a / k (� G_r_Dollars FJor 1 �. -� Q�c- 130ARD OF 'I'OWN TRUSTEES Cash ❑ Check [ � 'D C G) B SOUTHOLD TRUSTEES NO. 9q7. Issued To.-:JDknn -uyve-r Datel&A'- L,.&rr Address Olef rn ; I I THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1801 rNOTICE OF HEARING' ON THE WETLAND APPLICATIONS COUNTY OF SUFFOLK ss: NOTICE IS HEREBY GIV- STATE OF NEW YORK EN THAT PUBLIC HEAR- INGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OFSOUTHOLD, Patricia Wood, being duly sworn, says that she is the AT THE SOUTHOLD TOWN Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, HALL, . MAIN ROAD, SOUTHOLD, NEW YORK, a public newspaper printed at Southold, in Suffolk County; ON THURSDAY,DECEMBER and that the notice of which the annexed is a printed copy, 17, 1987, ON THE FOLLOW has been published in said Long Island Traveler-Watchman ING APPLICATIONS FOR PERMITS UNDER THE PRO- once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks VISIONS OF THE WETLAND ORDINANCE OF 7 THE TOWN: successively, commencing on the . . . . . . . . . . . . . . . . . . . . 7:30 P.M.-In the matter of the application Stephen Perricone ��,,�,: 19 to clear the property and to con- d a . . . . . ' struct a`one family dwelling, _.:decks, and necessary sanitary system on property located on Lupton Point Road,.Mattituck. (1000-115-11-22). 7.32 P.M:In the matter of the application of .Stephen Per- riconetoclearthepropertyand Sworn to before me this . . . . . . . . ... . . . . . . . . . . day of to construct a.one family dwell-' ing, decks and sanitary system• on property located on Lupton Point Road, Mattituck. (1000-115-11-21). 7:34 P.M.In the matter of the application of Patricia C. Moore,Esq.on behalf of Man- fred E. Kuerner,to construct a garage and extension to an ex- Notary Public isting .residence on property located •on Carole Road, BARBARA FORBES Southold. Notary.-Public, State of New York 7:36 P.M:In the matter of the No. 4806846 application of En-Consultants, Qualified in Suffolk County Inc.on behalf of John Dwyer to Commission Expires r 7 3119 .replace (within 18") existing bulkheads on west and north sides of property: on the west side, 87 t' and on the north 75 t' these include sections on the north west corner which have washed out,'250 cu.yds.of fill will be trucked' in for ABOVE. SPECIFIED AND backfill. Property is located on WILL BE GIVEN AN OP- Old Mill Road, Mattituck. PORTUNITY.TO BE HEARD. 7:38 P.M:In the matter of the COMMENTS MAY BE.SUB- application of En-Consultants, MITTED IN WRITING Inc.on behalf of the Wunneweta PRIOR TO, THE DATE 1 OF Pond Association to replace 1 THE HEARING. (within 18") 85' of existing Henry P. Smith, timber jetty on the east side of President the channel to Wunneweta Board of Town Trustees Pond. Proposed bulkhead will Dated: November 30, 1987 be lower in elevation than the 1T 12f3/87(11) old and will,equal height of outer section which will remain. 1 Property is located on Bridge Lane, Cutchogue. ALL PERSONS IN- TERESTED IN SAID MAT- TERS SHOULD APPEAR AT THE TIME AND PLACE .,. 736P.112 In th atter of II NOTICE OF HEARING O the application oaConsul N j Cants, Inc THE WETLAND f John AP WETLAND 1?wyer to-replgce( in 18 ) NO7?ICE IS existin bulkheads Win, est and ' HEREBY G g THAT .:PU73LIC: ,. 1,VEN north sides of-props" ; on the STATE OF NEW YORK ) .4` BE HELD AIHNGS. west side,,87.±'.and onthe north 'TOWN "TRUSTEES OF ,THE 75±' these,.mclude Lions on ) SS. TOWN OF ,SOUTHOLD,THE the north :west`"io r which --- COUNTY OF SUFFOLK ) AT have washed out'25Qv.yds.of THE SOUTHOLD fill will be trucked-4 or back- HALL, MAIN ROAD.,S fill. Property u; locate'" on Old OLD,NEWYORKOw OUTHfui MillRoad'Mattituck '. Chri �i ina C`nntr�nto of Riverhead, In DAY,DECT I ;.7:38 P.M:-, ;Iri.;the` atter ECEMBER I7 19LI A pp o _ . •, r. of said County, being duly sworn, says that he/she is THE FOLLOWING qpp the a lication:`of;-: -Consul= . TIONS FOR PE LICA- " Cants,Inc.on_behalf"Ist 'the Wun Principal Clerk of THE NEWS-REVIEW, a Weekly THE PROVISIONSPERMITS. neweta Pond"A§socion to re- WETLAND ORp THE Place(within 18")85 £existing Newspaper, published at Riverhead, in the Town THE INANCE OF timber jetty " of Riverhead, County Of Suffolk, State of New �• •- -- J Yon the.' side of 7:30 P.M. _ In the matter of the channeLjJo. unneweta . - the a York, and that the Notice of which the annexed is application of Stephen Per- Pond.Proposed bulkad will be rlcone to clear lower in elevation'; n the old a printed CO to construct a one property and and will COPY, has been regularly published in egl�1 hei t of outer ing,decks;and nece Y and section which wily ain.Propsaid Newspaper once each week for 1 ary system on �'sanit- erty is located on d a Lane 3 Property located Cutcho g weeks successively, commencing on the on Lupton Point Road, gue-a,:, r: tituck.(1000-115-11-22) Mat- day Of December _ O 19. 8 7 7:32 P.M. LL- PERSON INTER-the applicaion of Sfz matter of ESTED IN SAID`: SHOULD A.-S MATTERS ricone to clear•the Phen per- A# AT THE to construct Property and TIME AND -;PLACE ABOVE a one family dwell- - ,:� SPECIFIED �AND�WILL BE ing,decks,and sanitary systems GIVEN AN OPPORTUNITY TO . on property located;on Lupton BE HEARD.COMMENTS MAY..,: Principal Clerk Point Road, Mattituck. (1000- 115-11-21) BE SUBMITTED•TfiT WRITING 7:34 P. PRIOR TO THE PATE OF THE _ the M• —In the matter of HEARING __-: _ Sworn to before me this application of Patricia C.. }y''�� _� 1 Moore, Esq. on behalf of ",,1 day Of1J� Fred E. Kuerner to Man- Hemp'P.Smith,president NARY K.DEGNAN garage construct Board of Town Trustees g and extension Dated:Novem3�;1987 NOTARY PIJBLIC,State of New York exi sting residence on property 5787-1TD3 Suffolk County No.4849860 �i: Led on Carole Road '''" Term Expires Februa 9 'Id. . South- `l r . - DEPARTMENT OF THE ARMY NEW YORK DISTRICT. CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK. N.Y. 10278-0090 �cK�To October 7 , 1987 ATTiNT"O/ Operations Division Regulatory Branch SUBJECT: Application No. 87-1176-1.2 by John Dwyer John Dwyer c/o En-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Dear Mr. Dwyer: Reference is made to Application No. 87-1176-L2 to replace in-kind and within 18 inches, 87 linear feet of timber bulkheading on the west side and 75 linear feet of bulkheading on the north side of applicants property with 250 cubic yards of attendant backfill in Mattituck Creek at Mattituck, Town of Southold, Suffolk County, New York. Our review indicates an individual project-specific permit 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 - Part 330.5(a) (3) is enclosed with the appropriate section marked for your convenience. The work may be performed without further contact 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. SlAC rely, Enclosure Monte P.. Greges Chief, Eastern Permits' Section 41254 Federal Register / Vol. 51, No. 219 / Thursday, November 13, 1986 / Rules and Regulations Nil)Description of improvements to Department,whether such actions occur modifications,if any,to the nationwide navigation not listed in paragraph(c)(5) within or outside the navigable areas. permits can be obtained from the of this geation: (4)Nature and location of significant ju c)Specific pion of the Corps8 {d�the appropriate district engineer. obstructions to navigation in portions of can be answered only of Engineers Nationwide permits are designed to �e waterbody used or potentially determination whether(1)the waters allow certain activities oiea to occur with gable of use in interstate commerce: are navigable waters of the United little,if any,delay or paperwork. (5)Authorized projects: States or(2)if not na ablee of ,whether Nationwide permits are valid only if the (i)Nature,condition and location of conditions applicable to the nationwide any improvements made under-projects averthajeee eo affect the m pets are met Failure to comply with authorized by Congress: navigablea condition does not necessarily mean (it)Description of projects authorized waters of the United States that the the activity cannot be authorized but but not constructed: assertion of regulatory jurisdiction is rather that the activity can only be fill)JUst of known survey documents deemed necessary. authorized by an individual or regional or reports describing the waterbody: f 320.16 Use and maMtenstwe of Nets of permit.Several of the nationwide (6)Past or present interstate determkwoons. permits require notification to the commerce: (a)Tabulated lists of final district engineer prior to commencement (i)General types,extent.and period in determinations of navigability are to be of the authorized activity.The time: maintained in each district office,and P rocedures for this notification are (if)Docum entation if necessary: be updated as necessitated by court located at 1330.7 of this Part. (7)Potential use for interstate decisions,jurisdictional inquiries,or Nationwide permits can be issued to commerce,if applicable: other changed conditions. satisfy the requirements of section 10 of (1)If in natural condition: (b)It should be noted that the lists the Rivers and Harbors Act of 1899, - (ii)If improved: represent only those waterbodies for section 404 of the Clean Water Act, (8)Nature of jurisdiction known to which determinations have been made; and/or section 103 of the Marine have been exercised by Federal absence from that list should not be Protection,Research and Sanctuaries agencies if any: taken as an indication that the Act.The applicable authority (9)State or Federal court decisions waterbody is not navigable. indicated at the end of each nationwide relating to navigability of the (c)Deletions from the list are not Permit, waterbody,if any: authorized.If a change (10)Remarks: waterbody from navigable in status no - a 1330.2 Definitions. (11)Finding of navigability(with date) navigable is deemed necessary,an (a)The definitions of 33 e t Parts and recommendation for determination: updated findin g should be forwarded to 321�29 are applicable to the terms used f 329.15 Inquiries regarding the division engineer;changes are not in this Part. determinations, considered final until a determination (b)The term"headwaters"means the (a)Findings and determinations has been made by the division engineer. Point on a non-tidal stream above which should be made whenever a question the average annual flow is less than five q "PART 830—NATIONWIDE PERMITS cubic feet per second.The district anises regarding the navigability of a waterbody.Where no determination has sec• engineer may estimate this point from been made,a report of findings will be 330.1 General. available data by using the mean annual prepared and forwarded to the division 330.2 Definitions. area precipitation,area drainage basin engineer,as described above.Inquiries 330.3 Activities occuring before certain maps,and:the average runoff coefficient, may be answered by an interim reply dates. or by similar means.For streams that which indicates that a final agency P y 330.4 Public notice. are dry for long periods of the year, 330.5 Nationwide permits. district engineers may establish the determination must be made by the 330.8 Management practices. division engineer.If a need develops for 330.7 Notification procedures. "headwaters"as that point on the an energency determination,district 330.8 Discretionary Authority, stream where a flow of five cubic feet engineers may act in reliance on a 330.9 State water quality certification. Per second is equaled or exceeded 50 finding prepared as in Section 329.14 of 330.10 Coastal Zone Management percent of the time. this Part The report of findings should consistency determination. (c)Discretionary authority means the then be forwarded to the division 330.11 Nationwide permit verification. authority delegated to division engineers engineer on an expedited basis. 330.12 Expiration of nationwide permits. in§330,8 of this part to override (b)Where determinations have been Authority:39 U.S.C.4M et seq„33 U.S.C, provisions of nationwide permits,io add 1344;33 U.S.C.1413. regional conditions,or to require made by the division engineer,inquiries regarding the navigability of specific f 330.1 General. individual permit application. portions of waterbodies covered by The purpose of this 1330.3 Activities occurring these determinations may be answered describe the Departmentf thenArmy's dates. lion certain 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 19.1977,and unless modified do Congress for the protection and A nationwide permit is a form of general not require further preservation of the navigable waters of permit which may authorize activities Permitting: the United States,has determined that (te Discharges wof aters or fill throughout the nation.(Another type of material into waters of the United States (River)(Bay)(Lake,etc.)is a general permit is a "regional permit" navigable water of the United States and is issued by division or district outside the limits of navigable waters of from to Actions which engineers on a re 'oval basis in the United States that occurred before modify or otherwise affect those waters accordance with 33 CFR Part 325). 975,and extended section the phase-in dates which es July 25 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 / Thursday, November 13, 1986 / Rules and Regulations 41255 States. (These phase-in dates are:After (3)The repair,c ifiiihilitation,_or separation scheme(where such limits July 25.1975.discharges.nto navigable replacement.of any previdusl.y have not been designated or where waters of the United States and authorized,currentiyserviceab e, changes are anticipated,district adjacent wetlands;after September 1, struoture o4'fill;•oi of any currently engineers will consider recommending 1976,discharges into navigable waters serviceable structure or fill constructed the discretionary authority provided by of the United States and their primary prior..tb'the requirement'for,..'.'•,:,.�:,.,... 330.8 of this Part,and further subject to tributaries,including adjacent wetlands, authorization,p. vided'sucti repair, the provisions of the fairway regulations and into natural lakes,greater than 5 rehabiiitatio•ri;'or replaCe merit,does not in 33 CFR 322.5(1)(Section 10). acres in surface area;and after July 1, result in a deviatioir'fi6m tlie'plans of (9)Structures placed within anchorage 1977,discharges into all waters of the the original`stivcture or fill,and further or fleeting areas to facilitate moorage of United States.)(Section 404) provided.that the structure or`fill has not vessels where such areas have been (b)Structures or-work completed been put to uses differing from`uses established for that purpose by the U.S. before December 18,1968,or in specified for.it in any permif-authorizing Coast Guard.(Section 10) waterbodies over which the district its originai coristitiction.Minor (10)Non-commercial,single-boat, engineer had not asserted jurisdiction at deviations due,to changes in materials mooring buoys.(Section 10) the time the activity occurred provided, or constiuetion: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 MG intenande-dredging and that the buoy or marker is removed beach restoration are not authorized by within 30 days after its use has been §330.4 Public notice. this nation ids_ ertni �(Se tion to and (a)Chiefo Engineers. Uaon proposed R discontinued.At Corps of Engineers f S P p ) "''`'''" reservoirs,the reservoir manager must Issuance of new nationwide permits, (4)Fish and wildlife harvesting approve each buoy or marker modification to,or reissuance of, devices and activities such as pound Individually.(Section 10) existing nationwide permits, the Chief of nets,crab traps,eel pots,lobster traps, (12)Discharge of material for backfill Engineers will publish a notice in the duck blinds,and clam and oyster or bedding for utility lines,including Federal Register seeking public digging.(Section 10) outfall and intake structures,provided comments and including the opportunity (5)Staff gages,tide gages,water there is no change in preconstruction 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,and similar be removed to an upland dispose] areal. the Office of the Chief of Engineers and scientific structures.(Section'10) A"utility line"is defined as any pipe ur at all district offices which reveals the (6)Survey activities including core pipeline for the transportation of any Corps'provisional determination that sampling,seismic exploratory gaseous,liquid,liquifiable,or siarry the proposed activities comply with the operations,and plugging of seismic shot substance,for any purpose,and any requirements for issuance under general holes and other exploratory-type bore cable,line,or wire for the transmission permit authority.The Chief of Engineers holes.Drilling of exploration-type bore for any purpose of electrical energy, will prepare this information which will holes for oil and gas exploration is not telephone and telegraph messages,and : be supplemented,if appropr•late, by authorized by this nationwide permit; radio and television telegraph messages. division engineers. the plugging of such holes is authorized. (The utility line and outfall and ir•ta. (b)District engineers. Concurrent (Sections 10 and 404). structures will require a Section r0 ke with pub!ication in the Federal Register (7)Outfall structures and associated permit if to navigable waters of the of proposed.new.or re]ssbcd intake structures where the effluent from United States.Sae l CFR at Ps o the See nationwide permits by the Chief of that outfall has been permitted under also paragraph See 3 this section). . Engineers,district engineers will so the National Pollutant Discharge (Section 404) notify .he known interested public by an Elimination System program(Section Bank stabilization activities appropriate notice.The notice will 402 of the Clean Water Act)(see 40 CFR (13) include regional conditions,if any, Part 122)provided that the district or provided: developed by the division engineer. division engineer makes a determination (i)The bank stabilization activity is that the individual and cumulative less than 500 feet in length; §-330.5 :Nationwide permits.. .., adverse environmental effects of the (ii)The activity is necessary for (a)Authorized activities.The structure itself are minimal in erosion prevention; following activities are hereby permitted accordance with§330.7(c)(2)and(d). (iii)The 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 running foot placed along the bark where required,comply with the with an outfall structure are covered by within waters of the United States; notification procedures,of§330.7; 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 material is placed in any accordance with the requirements of the (Sections 30 and 404) wetland area; U.S.Coast Guard(33 CFR Part 66, (8)Structures for the 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 impair surface water flow into or out of canals within principally 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 canal to a navigable water of the Interior,Mineral Management Service, metal products,organic materials, United States has been previously provided those structures are not placed unsightly debris,etc.is used; and authorized(see 33 CFR Part 322.5(g)). within the limits of any designated (viii)The activity is a single and (Section 10), shipping safety fairway or traffic complete project. (Sections 10 and 404) 4=6 Federal Register /� '�;;. 51, No. 219 J Thursday, November 1�, _A6 / 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,assisted,authorized, and permanent,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 non-tidal waterbody,provided that the capacity of not more than 1500 kw(2,000 department where that agency or crossing is culverted,bridged or horsepower);qualifies for the short-form department has determined,pursuant to otherwise designed to prevent the licensing procedures of the FERC(see 18 the CEQ Regulation for Implementing restriction of,and to withstand, CFR 4.61);and the district or division the Procedural Provisions of the expected high flows and provided engineer makes a determination that the National Environmental Policy Act (40 further that discharges into any individual and cumulative adverse CFR Part 1500 at seq.),that the sctivit%. wetlands adjacent to the waterbody do effects on the environment are minimal work,or discharge is categorically not extend beyond 100 feet on either in accordance with 1330.7(c)(2)and(d). excluded from environmental side of the ordinary high water mark of (Section 409) documentation because it is included that waterbody.A"minor road crossing (18)Discharges of dredged or fill within a category of actions which fill"is defined as a crossing that material into all waters of the United neither individually nor cumulatively involves the discharge of less than 200 States other than wetlands that do not have a significant effect on the human cubic yards of fill material below the exceed ten cubic yards as part of a environment,and the Office of the Chief plane of ordinary high water.The single and complete project provided the of Engineers(ATTN:DAEN—CWO—N) crossing may 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 cubic the categorical exclusion and concurs fills may be eligible for an exemption b Dredging of no more than ten with that determination.Prior to .,from.the need;fora Section 404 permit . cubic yards from navigable waters of the United States as part,of a single and - approval for purposes-of this nationwide altogether(see 33 CFR 323.4).District complete project.This permit does not permit of any agency's categorical engineers are authorized,where local authorize the connection of canals or exlcusions,the Chief of Engineers will circumstances indicate the need,to other artificial waterways to navigable solicit comments through publication in define the term"expected high flows" waters of the United Slates(see Section g� for the purpose of establishing the Federal Register. Sections 10 and applicability of this nationwide permit. 33 ,GIM 322.5(g)).(Section4O) ) (Sections 10 and 404) (20)Structures,work,and discharges (24)Any activity permitted by a state (15)Discharges of dredged or fill for the containment and cleanup of oil administering its own Section 404 perry.:t material incidental to the construction of and hazardous substances which are program for the discharge of dredged or bridges across navigable waters of the subject to the National Oil and fill material authorized at 33 U.S.C. United States,including cofferdams, Hazardous Substances Pollution 1344(g)—(1)is permitted pursuant to abutments,foundation seals,piers,and Contingency Plan,(40 CFR Part 300), section 10 of the Rivers and Harbors Act temporary construction and access fills Provided the Regional Response Team of 18W.Those activities which do n,,t provided such discharge has been which is activated under the Plan involve a section 404 state permit are . authorized by the US Coast Guard as concurs with the proposed containment not included in this nationwide perry.'! part of the bridge permit.Causeways and cleanup action.(Sections 30 and but many will be exempted by section and approach fills are not included in 154 of Pub.L.94-587.(See 33 CFR 'this nationwide permit and will require (21)Structures,work,discharges 322.3(a)(2)).(Section 10) an individual or regional Section 404 associated with surface coal mining (25)Discharge of concrete into tight]} permit. (Section 404) activities provided they were authorized sealed forms or cells where the concrete (16)Return water from an upland; by the Department of the Interior,Office is used as a structural member v;Lich contained dredged material disposal of Surface Mining,or by states with would not otherwise be subject to Clean urea (see 33 CFR 323.2(d))provided the approved programs under Title V of the Water Act jurisdiction.(Section 404) state has issued a site specific or generic Surface Mining Control and Reclamation (26)Discharges of dredged or fil) certificatior under section 401 of the Act of 1977;the appropriate district material into the waters listed in Clean Water Act(see also 33 CFR engineer is given the opportunity to paragraphs(a)(26)(i)and(ii)of L}:is 325.2(b)(1)).The dredging itself requires review the Title V permit application section except those which cause 0-.e a Section 10 permit if located in and all relevant Office of Surface loss or substantial adverse modificatioi, navigable waters of the United States. Mining or state(as the case may be) of 10 acres or more of such waters of the The return water or runoff from a documentation prior,to any.decision on United States,including wetlands.For contained disposal area is that application;and the district or discharges which cause the loss or administratively defined as a discharge division engineer makes a determination substantial adverse modification of 1 to of dredged material by 33 CFR 323.2(d) that the individual and cumulative 10 acres of such waters,including even though the disposa', itself occurs on adverse effects on the environment from wetlands.notification to the distr`:.! the upland and thus does not require a such structures,work.or discharges are engineer is required in accordance with section 404 permit:This nationwide minimal in accordance with §§330.7(c) section 330.7 of this section. (Section permit satisfies the.technical (2)and(3)and(d).(Sections 10 and 404) 404). requirement for a section 404 permit for (22)Minor work,fills,or temporary (i)Non-tidal rivers,streams,and thei, the return water where the quality of the structures required for the removal of lakes and impoundments,including return water is controlled by the state wrecked,abandoned,or disabled adjacent wetlands,that are located through the section 401 certification vessels,or the removal of man-made above the headwaters. procedures.(Section 404) obstructions to navigation.This permit (ii)Other non-tidal waters of the (17)Fills associated with small does not authorize maintenance United States,including adjacent hydropower projects at existing dredging, shoal removal,or river bank wetlands,that are not part of a surface reservoirs where the project which snagging.(Sections 10 and 404) tributary system to interstate waters of Federal Register / Vol. 51, No. 219 / Thursday,.:November 13, 1986 / Rules and Regulations 41257 navigable waters of the United States engineer.If the district engineer or a category of waters by requiring (i.e..isolated waters). determines that such historic properties individual or regional permits;or (b)-Conditions.The following special may be adversely affected he will revoking an authorization on a case-by- conditions must be followed in order for provide the Advisory Council on case basis.This authority is not limited the nationwide permits identified in Historic Preservation an opportunity to to concerns for the aquatic environment paragraph(a)of this section to be valid: comment on the effects on such historic as is the discretionary authority in (1)That any discharge of dredged or properties or he will consider §330.8. fill material will not occur in the modification,suspension,or revocation proximity of a public water supply in accordance with 33 CFR 325.7. 1330.6 -Management.praq# es. intake. Furthermore,that,if the permittee before (a)In addition to the conditions (2)That any discharge of dredged or or during prosecution of the work specified in §330.5 of this Part,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 discharge is directly related to a determined eligible for listing on the practicable,in order to minimize the shellfish harvesting activity authorized National Register,but which may be adverse effects of these discharges on by paragraph(a)(4)of this section. eligible for listing in the National the aquatic environment.Failure to (3)That the activity will not Register,be shall immediately notify the comply with these practices may he jeopardize a threatened or endangered district engineer, cause for the district engineer to species as identified under the, (10)That the construction or operation recommend,or the division engineer to 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 case 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; (1)Discharges of dredged or fill responsibility to comply with the (ill That in certain states,an material into waters of the United State requirements of the ESA.If the activity individual state water quality shall be avoided or minimized through may adversely affect any listed species certification must be obtained or waived the use of other practical alternatives. or critical habitat,the district engineer (See §330.9); (2)Discharges in spawning areas must initiate Section 7 consultation in (12)That in certain states,an during spawning seasons shall be accordance with the ESA.In such cases, individual state coastal zone the district engineer may: management consistency concurrence avoided. (i)Initiate section 7 consultation and must be obtained or waived(See (3)Discharges shall not restrict or then,upon completion.authorize the §330.10); impede the movement of aquatic species 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 (h)Prior to or concurrent with section (See § 330.8(a));and the primary purpose of the"fill is to 7 consultation he may recommend (14)That the management practices impound waters). discretionary authority(See section listed in§330.6 of this part shall be (4)If the discharge creates an 330.8)or use modification,suspension. followed to the maximum extent impoundment of water,adverse impacts or revocation procedures(See 33 CFR practicable. on the aquatic system caused by the 325.7). (c)Further information. (1)District accelerated passage of water and/or the (4)That the activity shall not engineers are authorized to determine if restriction of its flow shall be significantly disrupt the movement of an activity complies with the terms and minimized. those species of aquatic life indigenous conditions of a nationwide permit unless (5)Discharge in wetlands areas shall to the waterbody(unless the primary that decision must be made by the be avoided. purpose of the fill is to impound water); division engineer in accordance with (6)Heavy equipment working in (5)That any discharge of dredged or §330.7. wetlands shall be placed on mats. fill material shall consist of suitable (2)Nationwide permits do not obviate (7)Discharges into breeding areas for material free from toxic pollutants(see the need to obtain other Federal,state or migratory waterfowl shall be avoided. section 307 of the Clean Water Act)in local authorizations required by law. (a)All temporary fills shall be toxic amounts: (3)Nationwide permits do not grant removed•in their anti;sty. (6)That any structure or fill any?roper ty•rights or exclusive authorized shall be properly maintained. privileges. f 330.7 NotHication procedures. (7)That the activity will not occur in a (4)Nationwide permits do not (a)The general permittee shall not component of the National Wild and authorize any injury to the property or begin discharges requiring pre-discharge Scenic River System:nor in a river rights of others. officially designated by Congress as a (5)Nationwide permits do not notification pursuant to the nationwide "study river"for possible inclusion in au!-.orize interference with any existing Permit at § 330.5(a)(26): the system,while the river is in an or proposed Federal project. (1)Until notified by the district official study status; (d)Modification,Suspension or engineer that the work may proceed (8)That the activity shall not cause an Revocation of Nationwide Permits.The under the nationwide 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 325.7.Such division engineer that an individual National Park Service has listed on, or authority iricludes,but is not limited to: permit may be required;or determined eligible for listing on, the adding individual,regional,or (3)Unless 20 days have passed from National Register of Historic Places, the nationwide conditions;revoking receipt of the notification by the district permittee will notify the district authorization for a category of activities engineer and no notice has been Y 4U58 Federal Register J Vol. 51, No. 219 J Thursday, November 13, 1986 J Rules and Regulations received from the district or division together with a statement of the factors based on concerns for the aquatic engineer. pertinent to a determination of the environment as expressed.in the (b)Notification pursuant to the environmental effects of the proposed guidelines published by EPA pursuant to nationwide permit at 1330.5(a)(26)must discharges,including those set forth in section 404(b)(1).(40 CFR Part 230) be in writing and include the the 404(b)(1)guidelines,and his views (a)Activity Specific conditions. information listed below.Notification is on the specific points raised by those Division engineers are authorized to not an admission that the proposed agencies. modify nationwide permits by adding .work would result in more than minimal (3)If the nationwide permit at individual conditions on a case-by-case impacts to waters of the United States;it §330.5(a)(21)is involved the district basis applicable to certain activities simply allows the district or division engineer will give notice to the within their division.Activity specific engineer to evaluate specific activities Environmental Protection Agency and conditions may be added by the District for compliance with general permit the appropriate state water quality Engineer in instances where there is criteria. agency.This notice will include as a mutual agreement between the district (1)Name,address,and phone number minimum the information required by engineer and the permittee.Furthermore, of the general permittee; paragraph(b)of this section. district engineers will condition NWPs (2)Location of the planned work; (d)Division engineer review of with conditions which have been (3)Brief description of the proposed notification.The division engineer will imposed on a state section 401 water work,its purpose,and the approximate review all notifications referred to him quality certification issued pursuant to sire of the waters,including wetlands, in accordance with paragraph(c)(1)or §330.9 of this Part. which would be lost or substantially (c)(2)of this section.The division adversely modified as a result of the engineer will require an individual (b)Regional conditions.Division engineers are authorized to modif} work;and permit when he determines,that an nationwide permits by adding (4)Any specific information required activity does not comply with the terms by the nationwide permit and any other or conditions of a nationwide permit or conditions a generic basis applicable information that the permittee believes does not meet the definition of a general to certain activities or specific is appropriate. permit(see 33 CFR 322.2(f)and 323.2(n)) geographic areas within their divisions. (c)District engineer review of including discharges under the In developing regional conditions, notification.Upon receipt of nationwide permit at §330.5(a)(26) division and district engineers will notification,the district engineer will which have more than minimal 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 determine which of the environment when viewed either 325 applying the evaluation criteria of 33 following procedures should be cumulative) or separately.In reachingCFR Part 320 and appropriate parts of 33 followed: his decision he will review factors CFR Parts 321.322,323,and 324. (1)If the nationwide permit at pertinent to a determination of the Division and district engineers will take §330.5(a)(26)is involved and the district environmental effects of the proposed appropriate measures to inform the engineer determines either,(1)the discharge,including those set forth in public of the additional conditions. proposed activity falls within a class of the 404(b)(1)guidelines,and will give (c)Individual permits—(1)Case-bv- discharges or will occur in a category of full consideration to the views,if any,of Case..In nationwide permit cases whhere waters which has been previously the federal and state natural resource additional individual or regional identified by the Regional agencies identified in paragraph(c)of conditioning may not be sufficient to Administrator,Environmental Protection this section.If the division engineer address concerns for the aquatic Agency;the Regional Director,Fish and decides that an individual permit is not environment or where there is not Wildlife Service;the Regional Director, required,and a federal or appropriate sufficient time to develop such National Marine Fisheries Service;or state natural resource agency has conditions under paragraphs (a) oi (b)(;,r the heads of the appropriate state indicated in writing that an activity may this section,the division engineer may natural resource agencies as being of result in more than minimal adverse suspend use of the nationwide perm:,. particular interest to those agencies;or environmental impacts,he will prepare and require an individual permit (fi)the particular discharge has not been a written statement,available to the application on a case-by-case 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 promptly forward the the commenting agency.When the a permit.However,if at any time the notification to the division engineer and division engineer reaches his decision reason for taking discretionary authority 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 permittee of the division engineer's authority under the nationwide permit. such discharge occurs to consider such decision. Where time is of the essence,the district notification and express their views,if engineer may telephonically recommend any,-to the district engineer concerning $330.6 Discretionsry authority. that the division engineer assert whether individual permits should be Except as provided in paragraphs(c) discretionary authority to require an required. (2)and(d)of this section,division individual permit application for a (2)If the nationwide permits at engineers on their own initiative or upon specific activity.If the division engineer §330.5(a)(7),(17),or(21)are involved recommendation of a district engineer concurs,he may orally authorize t'c and the Environmental Protection are authorized to modify nationwide district engineer to implement that Agency,the Fish and Wildlife Service, permits by adding regional conditions or authority.Oral authorization should be the National Marine Fisheries Service or to override nationwide Permits by followed by written confirmation. the appropriate state natural resource or requiring individual permit applications (2)Category.Additionally,af�.er water quality agencies forward concerns on a case-by-case basis,for a category notice and opportunity for puL-lic to the district engineer,he will forward of activities,or in specific geographic hearing,division engineers may decide those concerns to the division engineer areas.Discretionary authority will be that individual permit applications 1 COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: uA ild BEING DULY SWORN DEPOSES AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS., AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT THE WORK WILL BE DONE 1N THE . MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE -TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT , 1F GRANTED. In completing this application I h e y authorize the Trustees agent or representative to enter o t my p pe ty to inspect tAe premises in conjunction with revi w of s lication. S1 N TURE OF PLICANT SWORN TO BEFORE ME THIS DAY OF. /y l.J 1 9 NOTARY PU61 C EXAMINED � 11 APPROVED "WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT, DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED "WETLANDS PERMIT" (CHAPTER 97) DISAPPROVED "BOATS , DOCKS, WHARVES" PERMIT (CHAPTER 32) CONDITIONS, IF ANY EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 JOHN M. DWYER 429 South Union Avenue Cranford, New Jersey 07016 (201) 276 - 1440 August 6, 1987 James H. Rambo Bishops Lane Southhampton, N.Y. 11968 Dear Sir: I hereby authorize Enconsultants Inc. to act as my agent to obtain the necessary permits to reconstruct my bulkheads at Oldmill Road in Mattituck Long Island. Sincerely, John M. Dwyer JM D/bg