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TR-3722
���v \;sad ;:J/, � '1'%�; \^'y//f.. .\•r, - � ?��p/�sj�a` '�( ;�°a^" 1 +°r' " '✓�17I "7 ,rid \ J3 � IFS• ,'; Board Of Southold Town Trustees SOUTHOLD, NEW YORK - 3722 PERMIT NO. DATE: ...June 1, 1989 t ISSUED TO .......................John D. Fife >.. ............................................................................................................ .. Pursuant to the provisions of Chapter 615 of the Laws of -_ the State of New York, 1893; and Chapter 404 of the Laws of the ry ,; State of New York 1952; and the Southold Town Ordinance en- fit led REGULATING AND THE PLACING OF OBSTRUCTIONS t IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM F LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on .....M ay. ...3.1".. �I 19....89.., and in consideration of the sum of $............ .............. paid by / ...,..:� ....................................................................................................................................................................... 9�% Cutchogue I of ............................................... . . N. Y. and subject to the Terms and Conditions listed on the reverse side hereof,' ►`: ' of Southold Town Trustees authorizes and permits the following: . . « `•:� K all in accordance with the detailed specifications as presented in the originating application. '1 3 IN WITNESS WHEREOF, The said Board of Trustees Mere- ( f Na `-l; by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. i Ip�I ........... .. ...... ... v ... ............. ..... jy� ...... .. ... .. ... .. ...... I�. .�..... , ............ ...... .Z� ... .................... T se �, � 'Y��...Mae..a;N'K �,�✓� .�"* eLl.:'�ir�.. � �� � ..z.a.Y�.,,'ti_.. xZa��'��,�Y A _-�•mr �(r,'QI'...r�..dlf.e.w'.�:. r s.,..a.°' l/ ROW TERMS and CONDITIONS The Permittee John D. Fife residing at Bridge Lane, Nassau Pt. . Cutchogue N. Y., as part of the consideration for the issuance of the Permit does understand and prescribe to the fol- lowing: 1. The Southold Town Trustees permit must be prominently displayed on premises effected during period of work. 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages,-of suits arising directly or indirectly as a result of any open ation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold 2. That this Permit is valid for .a period of 24 mos. which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that auth- orization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work or project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee or the completion of the work auth- orized. 9. That the Permittee will obtain all other permits and consents that may be required sup- plemental to this permit which may be subject to revoke upon failure to obtain same. SUF��Lar� FRANK A. KUJAWSKI, JR., President TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President (516)765-1892 JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH `� t BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 8, 1989 J.M.O. Consulting Box 361 Wading River, N.Y. 11792 Re: Application No. 4-4-89-11-1-16,17,18 John D. Fife Dear Mr. Just: The following action was taken by the Board of Town Trustees during their regular meeting held on May 31, 1989 regarding the above matter: WHEREAS, J.M.O. Consulting on behalf of John D. Fife applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 30, 1989, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on May 31, 1989 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of -the town, NOW, THEREFORE BE IT RESOLVED that J.M.O. Consulting ON BEHALF OF John D. Fife BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: Reconstruct bulkhead in kind/in place on property located on Bridge Lane, Nassau Point, Cutchogue, N.Y. This permit will expire two years. from the date it is signed if work has not commenced by said date. Fees must be paid and permit issued within six months of the date of this notification. Two . inspections are required and the Trustees are to be notified upon completion of said project. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. . Very truly yours, Frank A. Kujawski, Jr. President Board of Town Trustees FAK: jas cc: Bldg. Dept. Conservation Advisory Council file FRANK A. KUJAWSKI, JR., President TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President (516) 765-1892 JOHN M. BREDEMEYER, IIIJOHN L. HENRY P. SMITH KI, JR BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 6, 1989 Mr. John Holzapfel, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Holzapfel: Transmitted herewith is Application No. 4-4-89-11-1-16,17, 18.1 for a Wetland Permit submitted by J.M.O. Consulting on behalf of John D. Fife. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Frank A. Kujawski, Jr. President Board of Town Trustees FAK:jmr Attachment cc: ,puilding Dept. ✓File FRANK A. KUJAWSKI, JR., President or TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President �? `' ,` (516) 765-1892 JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. ® �® HENRY P. SMITH 1 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 6, 1989 To Whom It May Concern: Attached hereto is a Full Environmental Assessment Form submitted by J.M.O. Consulting on behalf of John D. Fife for a wetland permit to reconstruct within 18' approximately 106' of timber bulkhead and returns and to backfill structure with approx. 150 cu.yds. of clean sand which shall be trucked in from an upland source. Property is located at Bridge Lane, Southold, N.Y. Frank A. Ku ja ki, Jr. President Board of Town Trustees Posted: April 6, 1989 TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES 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. ----------DATE OF APPLICATION ��C IDENTITY OF APPLICANT PHONE N c — � �l�i -- �— -- ----------- -- ADDRESS OF APPLICANT,-_ --------------------------------------------------------------------- TAX MAP N O. ��L���1 _— T, p AGENT—G'Q ���X r s �� R� —_—PHONE Nc PERMIT REQUESTED TO��_F��- ,L-(-1, �11�,{p�� i ��s AdO �JeAbLLWLV� -tA c'nS ckn6 A-z IoRc L4,,It '5+ruc-4ur—e 1_IW141A CVPp ©-5d' Isoc,y, or ct"o-an LOCATION OF PROPERTY FOR WHICH- PERMIT WANTED -----=-------------------------------------------�=J------------------- HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATIOC ---------------------------------- ----------7----------------------- CREEK, BAY OR HARBOR FRONTING SIZE OF PROPOSED WORK Cam.-kC)� ----------------------------------------------- LENGTH VOG ----------------------------------- ------ W I DTH--- ------------------------------- HEIGHT ABOVE HIGH WATER—_��� DEPTH BELOW LOW WATER NIIYa , -------------- YARDS TO BE EXCAVATED -- l ------------- YARDS TO BE FILLED--- -/�. �S0 —=F------------------------------------ WIDTH OF CANAL , CREEK OR BAY FRONTING PROPERTY DEPTH AT LOW- TIDE: ` AVERAGE RISE IN TIDE -- -—------------------------------------- DISTANCE TO THE NEAREST CHANNEL_^- (00------FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA -_— IS THIS FOR PRIVATE OR BUSINESS USE?_ �_1�G AREA ZONING cl� - MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED_ Epad4A INTENDED USE OF PROPERTY :RCi_VnAe DES'CRLBE ANY KNOWN PRIOR OPERATI.ONS CONDUCTED ON THE PREMISE_ b I� W'6U S1 CE7cll �7CcC, � _e AND WHETHER ANY P IOR. 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 GOVERNME11 .AGENCY `— ------ ---------------------------- 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 ----------------- ---- WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPLICANT. ------- ----=----------- --------- ------------=---- ---------------------- ARE THERE ANY COVENANTS OR ..RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT?- (7) t 14.16-2 (2J87)-7c • 617.21 SEW F Appendix A State Environmental Duality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant.The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about'a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used, evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency J Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different trom responsible officer) Date 1 PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant of on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consid. as part of the application for approval and may be subject to further verification and public review. Provide any additi( information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will nol new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and spe each instance. NAME OF ACTION f LOCATION OF ACTION(Include Stre t Address, Munici ality and County) y � Qssa"n4 NAME O APPLI NT/SPONSOR ` � BUSINESS TELEPHONE ADDRE (sI CITY/Po 30 STATE ZIP CODE ` NAME OF OWNER(If di fer t) EEBUSINEISS TELEPHONEADDRESS 3 L CITY/PO sock_ O �STrATE ZIP CODE DESCRIPTION OF ACTION ry 11 I 4o reccrs-huc L ,,,n 10'(appr-a5c 1o6'cy j 4-I°m ben bu I kheg-ct, aqcA nL,-4u4v,S a' ,,A -\-0 bo.0 L-P 11 SA-tuckckre k_"� e"A. c1� c\ec�e� S ���c�, hcz t( be- -h uc 1.-ec6 en Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. ` 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) ural (non-far ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: .��� .—` acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres Forested acres acres acres N� Agricultural (Includes orchards, cropland, pasture, etc.) acres _ acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres Water Surface Area acres Unvegetated (Rock, earth or fill) acres acres acres Roads, buildings and other paved surfaces acres Other (Indicate type) acres acres acres acres 3. What is predominant soil type(s) on project site? s'mnc:� a. Soil drainage: 'III drained L_0 % of site ❑Moderately well drained 40 of site ❑Poorly drained o0 of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N' Land Classification System? _W Q acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes `iZN0 a. What is depth.to bedrock? (in feet) 2 2. How much natural material (i:e., rock, earth, etc.) will be remov e from the site? tons/cubic tyards 3. Will disturbed areas be reclaimed? ❑Yes' ❑No /A a. If yes, for what intend:_ purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ❑No c. Will upper subsoil be stockpiled for reclamation? Dyes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any matueNO st (over 100 years old) or other locally-important vegetation be removed by this project? Dyes 6. If single phase project: Anticipated period of construction , I2~ months, (including demolition). 7. If multi-phased: N l- a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year: d. Is phase 1 functionally dependent on subsequent phases? Dyes ON 8. Will blasting occur during construction? Dyes !o 9. Number of jobs generated: during construction _; after project is complete -� 10. Number of jobs eliminated by this project , 11. Will project require relocation of any projects or facilities? Dyes 15�No If yes, explain 12. Is surface liquid waste disposal involved? Dyes ao, a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Dyes I�Nq Type 14. Will surface area of an existing water body increase or decrease by proposal? Dyes Flo Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes 16. Will the project generate solid waste? Dyes- to a. If yes, what is the amou+It per month tons b. If yes, will an existing solid waste facility be used? Dyes ❑No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? Dyes { 40 a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Dyes RT�Lo 19. Will project routinely produce odors (more than one hour per day)? Dyes No 20. Will project produce operating noise exceeding the local ambient noise levels? Dyeso 21. Will project result in an increase in energy use? Dyes ENO — if yes , indicate type(s) 22; If water supply is from wells, indicate pumping capacity _ _ gallons/minute. 23. Total anticipated water usage per day _G gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes .RSIo If Yes, explain 4 S. Approximate Akntage of proposed project site with slo es: -1 0� / oP 0 io �� io 010-15/o °( 1315% or greater % 6. Is project substantially contiguous to, or co in a building, site, or district, listed on the State or the Nationa Registers of-Historic Places? ❑Yes LONo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes VC 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? Yes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Yes ❑No 11. Does project site con ain any species of plant or animal life that is identified as threatened or endangered- ❑Yes Flo According to Identify each species 12. Are there any unique o unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations ❑Yes to I Describe 13. Is the project site p ently used by the community or neighborhood as an open space or recreation area? ❑Yes If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes ❑No X 1. nV-nO"oV) 15. Streams within or contiguous to project area: hit A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or conti uous to project area: a. Name "1 kk14UIP b. Size (In acres) QJ IAA 17. Is the site served by existing public utilities? ❑Yes a) If Yes, does sufficient capacity exist to allow connection? LYes ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes []No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes 4 19. Is the site located in or substantially c ntiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? D s ❑No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes \_40 B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor —a!t.6— acres. b. Project acreage to be developed: N 1 Px- acres initially; N acres ultimately. c. Project acreage to remain undeveloped " � A acres. d. Length of project, in miles: --) e� (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N I ?,0; ~ f. Number of off-street parking spaces existing _ proposed g. Maximum vehicular trips generated per hour NJ p p project)? (upon completion of h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately �'J i. Dimensions (in feet) of largest proposed structure.-3 r height; 143 width; r/ Z-(26-" length. j. Linear feet of frontage along a public thoroughfare project will occupy is? _ ft. 3 25.'Approvals Required: Submittal Type Date City, eVjllage Board 'des ❑No ICuS fs—�O eQ -1 c�Ad S A 9 City, Town, Village Planning Board ❑Yes RNo City, Town Zoning Board ❑Yes Cho City, County Health Department ❑Yes W�,lo Other Local Agencies es ❑No M, +Ski aS —C, yy� Other Regional Agencies ❑Yes 591,,4o State Agencies f s ON N�`{�5.�„�,�, --(--w f t'-9,(,,,), ^ s� Federal Agencies (des ❑No u,_s, /). n. A.—tvgA r,c,,,, b C. Zoning and Planning Information A k 1 . Does proposed action involve a planning or zoning decision? OYes ❑No _ If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ❑subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in"adopted local land use plans? ❑Yes ❑f" 7.. What are the predominant land use(s) and zoning classifications within a '/4 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? ❑Yes ❑f� 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorizations) for the formation of sewer or water districts? ❑Yes ON 11 . Will the proposed action create a demand for any community provided services (recreation, education, polic fire protection)? ❑Yes ❑No a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes ON( a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any advers impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate c avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Spon r Date Pock\ Signature Title��e.���Q, If the action is in the Coastal Area0andou a 6&1state agency, complete the Coastal Assessment Form before proceedin with this assessment. 5 Part 2—PROJECT IMPACTS AND THEIR MAL' I ITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations be reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significan Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simi asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of, impacts and wherever possible the threshold magnitude`that would trigger a response in column 2. The examples are generally applicable throughout the State a. for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropria for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative ai have been offered as guidance.They do not constitute an exhaustive list of impacts and thresholds to answer each questic • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of tF impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but thresho. is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART .e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderat impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. Th must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be IMPACT ON LAND Moderate Large Mitigated By 1 . Will the proposed action result in a physical change to the project site? Impact Impact Project Change Examples that would apply to column 2 ONO ❑YES • Any construction on slopes of 15% or greater, (15 foot rise per.100 ❑ foot of length), or where the general slopes in the project area exceed ❑ ❑Yes ❑No 10%. • Construction on land where the depth to the water table is less than ❑ ❑ 3 feet. ❑Yes ❑No • Construction of paved parking area for 1,000 or more vehicles. [] ❑ • Construction on land where bedrock is exposed or generally within ❑ ❑Yes ❑No ❑ 3 feet of existing ground surface. ❑Yes []No • Construction that will continue for more than 1 year or involve more ❑ ❑ than one phase or stage. ❑Yes ❑No • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ tons of natural material (i.e., rock or soil) per year. El []No • Construction or expansion of a sanitary landfill. ❑ ❑ • Construction in a designated floodway. Yes ❑No ❑ El ❑Yes ❑No• Other impacts ❑ ❑ ❑Yes ❑No 2. Will there be an effect t-. ...,y un;que or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)EINO ❑YES • Specific land forms: ❑ - ❑ ❑Yes []No 6 •I n 2 3 IMPACT ON WATER Small to Potential Can Impact E 3. Will proposed action affect any water.body designated as protected? Moderate Large Mitigated B, (Under Articles 15,24, 25 of the Environmental Conservation Law, ECL) Impact Impact Project Chan( ONO DYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ Dyes ON • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ ❑Yes El protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes ❑N� • Construction in a designated freshwater or tidal wetland. ❑ ❑ Dyes ❑N, • Other impacts: ❑ ❑ Dyes ❑N, 4. Will proposed action affect any non-protected existing or new body of water? ONO DYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ Dyes ❑Nc or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ Dyes ❑Nc • Other impacts: ❑ ❑ Dyes ❑Nc 5. Will Proposed Action affect surface or groundwater quality or quantity? ONO DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ Dyes ❑Nc • Proposed Action requires use of a source of water that does .not ❑ ❑ Dyes ❑Nc have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ Eyes ❑Nc gallons per minute pumping capacity. • Construction or operation ceusing any contamination of a water ❑ ❑ ❑Yes ❑Nc supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑Yes ❑Nc • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ ❑Yes ❑Nc do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ Dyes ❑Nc day. • Proposed Action will likely cause siltation or other discharge into an ❑ ❑ Dyes ❑No existing body of water to tr ext-nt that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ Dyes- _ ❑No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ Dyes ❑No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ Dyes El No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑1'es ❑No 6. Will proposed action alter draina,,e flaw or patterns, or surface water runoff? ONO ❑Y E S Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ ❑Yes ❑No 7 Small to Potential Can Impact Bc Moderate Large Mitigated By Impact Impact Project ChangE • Proposed Action may cause substantial erosion. ❑ ❑ • Proposed Action is incompatible with existing drainage patterns. El ❑Yes ❑No ❑ ❑Yes ❑No y' ❑ • Proposed Action will allow development in a designated floodwa ❑ ❑Yes ❑No • Other impacts: ❑ ❑ '❑Yes El No IMPACT ON AIR 7. Will proposed action affect air quality? ONO DYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ hour. ❑Yes ❑No • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ refuse per hour. []Yes ❑No • Emission rate of total,contaminants will exceed 5 Ibs, per hour or a El ❑ heat source producing more than 10 million BTU's per hour. ❑Yes ❑No • Proposed action will allow an increase in the amount of land committed ❑ ❑to industrial use. ❑Yes ❑No • Proposed action will allow an increase in the density of industrial ❑ development within existing industrial areas. El El Yes []No • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ONO DYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ list, using the site, over or near site or found on the site. El ❑Yes ❑No • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑Yes ❑No • Application of pesticide or herbicide more than twice a year, other ❑ than for agricultural purposes. ❑ ❑Yes .❑No • Other impacts: ❑ ❑ El Yes ❑No `3 Will Proposed Action substantially affect non-threatened or non-endangered species? ONO DYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ migratory fish, shellfish or wildlife species. ❑Yes ❑No • Proposed Action requires the removal of more than 10 acres ❑ ❑ of mature forest (over 100 years of age) or other locally important ❑1'es ❑No vegetation. IMPACT ON AGRICULTURAL LAND RESOURCcS 10 Will the Proposed Action affect agricultural land resources? ONO DYES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural ❑ ❑land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) ❑Yes ❑No 8 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ El Yes ❑No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ ❑Yes ❑No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ El Yes ❑No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑Yes ❑No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? ❑NO ❑YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ ❑Yes No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ Dyes ❑No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ Eyes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ El Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ ❑Yes. ❑No project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ []Yes ❑No archaeological sites on the NYS Site Inventory. •,Other impacts: ❑ •❑ -❑Yes ❑No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ❑NO DYES • The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes []No • A major reduction of an open space important to the community. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 9 IMPACT ON TRANSPORTATION 1 2 3 Small to Potential Can Impact E 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated B� Examples that would apply to column 2 ONO DYES Impact Impact Project Chanc • Alteration of present patterns of movement of people and/or goods. ❑ ❑ ❑Yes ❑Nc • Proposed Action will result in major traffic problems. ❑ ❑ ❑Yes ❑N( • Other impacts: ❑ .0 El Yes ❑N( IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ONO ❑YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of ❑ ❑ El Yes ❑Nc any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ ❑ ❑Yes ❑Nc transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ ❑Yes ❑Nc NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ONO DYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ El Yes ❑No facility. • Odors will occur routinely (more than one hour per day). ❑ ❑ ❑Yes ❑No • Proposed Action will produce operating noise exceeding the local ❑ ❑ ❑Yes ❑No ambient noise levels for noise outside of structures. _ .� • Proposed Action will remove natural barriers that would act as a ❑ ❑ ❑Yes ❑No noise screen. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? ONO OYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ ❑Yes- . ❑No substances(i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any ❑ ❑ ❑Yes []No form (i.e. toxic, poisonous, highly reactive, -radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ ❑Yes ❑No gas or other flammable liquids. • 'Proposed action may result in the excavation or other disturbance ❑ ❑ ""Yes NO within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ Dyes ❑No 10 IMPACT ON GROWTH AND CHARACTER 1 2 3 OF COMMUNITY OR NEIGHBORHOOD Small to Potential Can Impact Be 18. Will proposed action affect the character of the existing community? Moderate Large Mitigated By ONO DYES Impact Impact Project Changc Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ ❑Yes ❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ ❑ ' ❑Yes ❑No will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ El Yes ONO • Proposed action will cause a change in the density of land use. ❑ ❑ ❑Yes []No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ El Yes ONO or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes ❑No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑ ❑Yes []No • Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ONO 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO ❑YES If ,any action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3-12VALUATION OF THE INIPORTANC E OF 11MP,= ,,TS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may bi mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this imp,ict. (Continue on attachments) 11 , 14.14.11 (2�c 617.21 SEAR Appendix B State Environmental Quality Review Visual EAF Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-'/4 'A-'/z 1/2-3 3-5 5+ • A parcel of land which is dedicated to and available ❑ ❑ ❑ ❑ ❑ to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated to public ❑ ❑ - ❑ ❑ ❑ observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ ❑ Registers of Historic Places? • State Parks? ❑ ❑ ❑ ❑ ❑ • The State Forest Preserve? ❑ ❑ ❑ ❑ ❑ • National Wildlife Refuges and state game refuges? ❑ ❑ ❑ ❑ ❑ • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ ❑ -natural features? * National Park Service lands? ❑ ❑ ❑ ❑ ❑ • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ ❑ or Recreational? • Any transportation corridor of high exposure, such ❑ ❑ ❑ ❑ ❑ as part of the interstate System, or Amtrak? • A governmentally established or designated interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? • A site, area, lake, reservoir or highway designated as ❑ ❑ ❑ ❑ ❑ scenic? • Municipal park, or designated open space? El El El F-1 • • County road? ❑ ❑ ❑ ❑ O. . • State? ❑ ❑ ❑ ❑ ❑ • Local road? ❑ ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other I seasons) ❑Yes ❑No i 3. Are any of the resources checked in question 1 used by the public during the time:-of year during which the project will be visible? .❑Yes E.No DESCRIPTION OF EXISTING VISUAL ENVIRONMENT a 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within *'A mile *1 mile Essentially undeveloped ❑ ❑ Forested ❑ ❑ Agricultural ❑ _ ❑ Suburban residential ❑ ❑ Industrial ❑ ❑ Commercial ❑ ❑ Urban ❑ ❑ River, Lake, Pond 0 ❑ Cliffs, Overlooks ❑ ❑ Designated Open Space ❑ ❑ Flat ❑ ❑ Hilly ❑ ❑ Mountainous ❑ ❑ Other ❑ ❑ NOTE: add attachments as needed 5. Are there visually similar projects within: *'/z mile ❑Yes ❑No *1 miles ❑Yes ❑No *2 miles -❑Yes ❑No *3 miles ❑Yes ❑No * Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work ❑ ❑ ❑ ❑ _ Involved in recreational activities ❑ ❑ ❑ ❑ Routine travel by residents ❑ ❑ ❑. J❑ At a residence ❑ ❑ ❑ At worksite ❑ ❑ ❑ ❑ Other ❑ ❑ ❑ ❑ 2 COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: -- �+L`l �.• �X 1S� BE 1 NG' 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 IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY 8E .APPROV6D BY THE TOWN BOARD OF THE TOWN OF ,SOUTHOLD. THE -APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOL'D AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED. In completing this application I hereby authorize the Trustees agent or representative to enter onto my/-proportm to inspect t{ie premises in conjunction with review is a p cat n. SIG RE OF 1 C&WT CHARLES W: BOWMAN NOTARY PUBLIC, Stale of 14ew York No. 4668958, Sullolk Counly SWORN TO BEFORE ME THIS Commission Expiros, �loKh_ap,_19-,emu, DAY OF I ! l i`j► 6C 'OE 4310W 'soJ;dq uuilkiWWdj Aluno) 1IollnS '8S6C99Y 'Ntl SJOA M-fl 10 01-IS "0I11104 AlVi 6N NOTAR4Y PUBLIC NV•IM09 •M S11-vo EXAMINED APPROVED If WETLANDS of 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 . SOUTHOLD TRUSTEES . � No. 372Z I ssued To,lel,., D . pl .F2. DateJ"n l. M�p Address Lone � THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 / / ° j.M.O. ��������NUN�N����=°��"�~~=~=� �"`�� box 3610NOKKTh COUNTRY ROA"U WAd.Nq R.VER, N.Y. 11792 ����� ���, �����_ «~ .~« ~~-~ ~-~-`,-__ TEUEFAX ��.��6� 929.5621 "r �. " "~" ^/u�8Y � k�^��O ! April 28, 1989 ' Board of Town Trustees Town of of Southold Town Hall , 53095 Main Road P.O. Box 728 Southold , N.Y. 11971 Attn:Mr. Frank A. Kujawski , Jr. Re: Wetlands Application for Fife, Southold Dear Mr. Kujawski : As per our discussion at last night' s Trustee Meeting and my subsequent discussion with the marine contractor who has been contracted to perform the above noted work please be advised that all parties have agreed to reconstruct the existing bulkhea per the suggestion of the Board of Trustees. I have enclosed for the Board ' s review copies of the revised site plan and cross section which reflect the same. SinQqryl YN Gle&d E. Just i / ,c'4+j*a•,�'yV Nosh Q -NASSAU- 'POINT,ri V + Wunnetuela MST `•r and 5• ! , t . `4 e SUFFOLK COUNTY G' HAGSTROM MAP 24 :BULKHEAD ANDRETURNS TQ BE SCALE i'="3opp' RECONSTRUCTED kX S.DiEC. " - MHW-ML 2. 2 SCALE 3 r-50' O 0• 25 EX.BLKD. APPLICANT PROPOSES TO ,RECONSTRUCT IN KIND-71N" PLACE APPROX 106 OF TIMBER BULKHEAD!'.AND 'F ETURNS AND TO BACKFILL 'STRMURE WITH . APPROX,;: 150 CX OF CLEAN SAND WHICH• SHALL BE TRUCKED bN FROM AN UPLAND SITE, AT SOUTHO L TOWN OF SOUTHOLD� SU FFOLK:COUNTY N.Y, APPLICANT: JOHN FIFE PURPOSE; EROSION CONTROL ADJOINING" OWNERS - ' DATUM:MEAN LOW WATER LOCUS o 72`p 2-7" I� FIFE 4 100` I /F M A LL ERY 3 S sI-EEr I of 2 '" .MO. CONSOLTING A NG RIVER, N.Y SCgL.F_ 0 z AREA .TO E_FI LLED 1 GY6� W I IEXISTING GRADE „ , _ MHW +2�0'' _3X 12 SHE�LI-�IING lOx ZS...PIL 0%. 741'1 TIE TO DEAQMEN MLW-2b TYPICAL BULKHEAD RECONSTRUCTION IN KIND AN@ IN PLACE _ n SHEET 20F 2 J.MO. CO SO T ING WQ DING RIVER, N.Y. � - ~ ~ j .m.o. consulting p.o. box 361 wading river, n .y. 11792 516-929-5775 ' April 24, 1989 Board of Town Trustees . Town of Southold ' Town Hall 53095 Main Road / , P.O. Box 728 . AM 2 4 ^9uo / Southold , N.Y. 11971 � Attn : Mr. Frank A. Kujawski , Jr. -- Re: Application for John D. Fife, Southold Dear Mr. Kujawski : Enclosed please find one copy of the bulkhead reconstruction permit which was recently issued by the U.S.D.O.A. for the above noted project. As always should you or any member of the Board of Trustees have any comments or questions with regards to this project please do not hesitate in contacting this office. Si Glne�i E. bst DEPARTMENT OF THE ARMY ° NEW YORK DISTRICT. CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK. N.Y. 10278-0090 .� "CRVro April 20 , 1989 M a -" ATT9047M Operations Division Regulatory Branch SUBJECT: Application No. 89-0466-L2 by John D. Fife Mr. John D. Fife c/o J.M.O. Consulting P.O. Box 361 Wading River, New York .11792 Dear Mr. Fife: We have received your request (Application No. 89-0466-1.2) to replace within 18 inches, 106 linear feet of timber bulkhead plus two returns with 150 cubic yards of attendant backfill in Wunneweta Porid, Little Peconic Bay at Town of Southold, Suffolk County, New York. Our review indicates iui individual project-specific permit is not required. rased upon the material and information you have submitted, it appears the activities within our jurisdiction could be accomplished under an existi.rag Department: of the Army nationwide general permit. The nationwide geiie.ral pf�r.mi.t :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 cont-.-.act with our office, provided the enclosed permit conditions are adhered to. Your attention a.s speci f:ical.ly directed. Lo 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, . I,n 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. i G CENAN-OP-RE SUBJECT: Application No. 89-0466-L2 by John D. Fife This determination is valid for a period of two years from the date of this letter. No further contact with this office will be necessary provided the proposed work is completed within this time period. Sincerely, Enclosure J es W. Haggerty ief, Eastern Permits Section 4125� Federal Rel:.ster / Vol. 51, No. 219 / Thursday. November 13, 1-.A f Rules and Regulations (viij 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 section: (c)Specific inquiries regarding the appropriate district engineer. (4)Nature anti location of significant jurisdiction of the Corps of Engineers Nationwide permits are designed to obstructions to navigation in portions of can be answered only after a allow certain activities to occur with the waterbody used or potentially determination.whether(1)the waters little,if any.delay or paperwork. capable of use in interstale commerce: are navigable waters or the United Nationwide permits are valid only if the (5)Authorized projects: States or(2)if not navigable,whether conditions applicable to the nationwide (i)Nature.condition and location of the proposed type of activity may permits are met.Failure to comply with any improvements made under projects nevertheless so effect the navigable a condition does not necessarily mean authorized by Congress: waters of the United States that the the activity cannot be authorized but (it)Description of projecte authorized assertion of regulatory jurisdiction is rather that the activity can only be but not constructe& deemed necessary. authorized by an individual or regional (iii)List o.know-n survey documents permit.Several of the na:ionw•ide or reports describing the w•eterbddy: 5 379.to Usw wed wrainterwrwe sit tuts of permits require notification to the (6)Past or present interstate ar°"n171' 's district engineer prior to commencenwrit commerce: (a)Tabulated lists of final notification(i)Ceneral types,extent,and period L., determinations of navigability are to be of the authorized activity.The time: maintained in each district office,and Procedures for this n noation are located at 1330.7 of this Part. (ii)Documentation if necessary: be updated as necessitated by court Nationwide permits can be issue-d to (7)Potential,.se for interstate decisions,jurisdictional inquiries.or satisfy the requirements or section 10 of commerce,if of-:licabie: other changed conditions. (i)11 in natura:condition: (bJ It should be noted that the lists sectthe.-o ens and a Clean Act to 1199, (it)If ir;prc�ed; represent on'.y those waterbedies for and/or sec of the Clean Water:act, (6):Ndture of jurisdiction known to which determinations have been made: Protection, section 103 of the t`larin have been exercised by Federal absence from that list should not be Protection,Research end Sity is ries agencies if any: taker.as en indication that the Act.The applicable authority is (9)Slate or Federal court decisions waterbody is not navigable. Indicated at the end of each na!onwide permit' relating to navigability of the (c)Deletions from the list are not waterbody.if ar y. authorized.if a change in status of a 1330.2 DafWbom (10)Remarks waterbody from navigable to non- (a)The definitions of 33 CFR Parts (11)Finding o.t navigability(woh date) navigable is deemed necessary,an 321-329 are applicable to the tF.-ms used and recommendation for determination: updated finding should be forwarded to in this Part. the d;v;sior,engineer,changes are not () terms Inquiries es rapsrolnp considered final until a determination (bl The term"headwaters"miens the determinations. has been made by the division engineer. point on a non-tidal stream above which (a)Findings and determinations the average annual now is less than five should be made whenever a question. PART 330—NATIONWIDE PERMITS cubic feel per second.The district arises regarding the navigability of a engineer may estimate this point from w•aierbody.Where no determination lies "C_ available data by using the mean annual been made,a report of findings will be 3so' �1nit, area precipitation,area drainage basin prepared and forwarded to the division 3302 Ac iviiies oons. maps,and the average runoff coeff:c..eitt. 33C.3 Activiue.e assuring before certain engineer,as described above.inquiries daiea. or by similar means.For streams that may be answered by ar,interim reply 330.4 Public notice. are dry for long periods of the year, which indicates that a final agency 330.5 Nationwide pertnits. district engineers may establish the determination must be made by the 330-6 Mendpement practices. "headwaters"as that point on the di.iS=Engineer.If a need develops for =7 Notification procedures. stream where a flow of five cubic feet an energency determmation.district 3s0.6 Discretionary Authority. per second is equaled or exceeded So engineers may act in re:iaiice on a 330.9 State water quality certificatinn. percent of the time. finding prepared as in Section 3n9.14 of 310!0 Coastal Zone Management (c)Discretionary authority means the consistency determinetion. this Part.The report or.findings should 33011 %sLionwide permit veririr-ation. authority delegated to division engineers then be forwarded to the division 330 12 EKpiration of nationwide permits. in 1330.8 of this part to o%erride engineer on an expedited basis. Authority:33 U.S.C.401 et seq:33 U.S.C. provisions of nationwide permits.to add (b)Where determinations have been 13":33 U.S.C.1413. regional conditions•or to require ma6e by the division engineer•inquiries individual permit applica:;on. regarding the rovigability of specific li 330.1 General. portions of waterbodies covered by The purpose of this regulation is to a�1 0.3 Activities occurring before certain determinations may be answered describe the Department of the Army's Ya 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 unle%s modified do Congress for the protection.and A nationwide permit is a form of general not require further permitting: preservation of the nat,igable waters of permit which may authorize activities (a)Discharges of dredged or fill the United States,has determined that throughout the nation.(Another type of material into waters of the United Slates (River)(Bay)(Lake,etc.)is a general permit is a"regional permit" outside the limits of navigable waters of navigable water of the United States and is issued by division or district the United States that occurred before from to .Actions which engineers on a regional basis in the phase-in dates which begar.July 25, modify or otherwise of"od those waters accordance with 33 CFR Part 325). 1975,and extended section 404 are subject to the jurisdiction of this Copies of regional conditions and jurisdiction to all waters of the United Fisdera Register / Vol. 51. No. 219 / Thursday, November 13, 19W j Rules and F;egit)ationa 41255 States.(These phase-In dates are:After (3)The repair,rehabilitation or separation scheme(where such limits July 25,1975,discharges No navigable replacement of any previously have not been designated or where waters of the United States and authorized,currently serviceable. changes are anticipated,district adjacent wetlands;after September 1, structure or fill,or 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 to the requirement for • 330.8 of this Part.and further subject to- tributaries,including adjacent wetlands. authorization,provided such repair, the provisions of the fairway regulations and into natural lakes,greater than 5 rehabilitation,or replacement does not in 33 CFR 322.5(1)(Section 10). acres in surface area;and after July 1, result in a deviation from the plans of (9)Structures placed within anchorage 1977,discharges into all waters of the the original structure or fill,and further or fleeting areas to facilitate moorage of United States.)(Section 404) rovided that the structure or fill has not vessel@ 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 18,1908,or in specified for it In any permit authorizing Coast Guard.(Section 10) waterbodies over which the district its original construction.Minor (10)Nor.-commercial,single-boat, engineer had not asserttfd jurisdiction at deviations due to changes in materials mooring buoys.(Section i0) the time the activity occurred provided, or construction techniques and which (11)Temporary buoys and markers In both instances,there is no are necessary to make repair, placed for recreational use such as interference with navigation.(Section rehabilitation,or replacement are water skiing and boat racing provided 10) permitted.Maintenance dredging and that the buoy or marker is removed 1330.4 Public notice. beach restoration are not authorized by within 30 days after its use has been this (a)Chief of Engineers. Upon proposed )nationwide permit.(Section 10 and discontinued.At Corps of Engineers issuance of new nationwide permits. reservoirs.the reser%cir manager must P (4j Fish and wildlife harvesting approve each buoy or marker modification to.or reisst:ance of, device@ 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 Federal Register seeking public or bedding for utility lines.including g� g P digging.(Section 10) comments and including the opportunity (5)Staff gages,tide gages,water outfall and intake structures,provided for a public hearing Th:s notice will recording devices.water quality testing there is no change in preconstructiori state the availability of information at and improvement devices,end similar bottom contours(excess material must the Office of the Chief of Engineers and scientific structures.(Section 10) be removed to an upland disposal area). . at all district offices w hich reveals the (6)Survey activities including core A"utility line"is defined as any pipe or Corps'provisicnal determination that samp!ing,seismic exploratory pipeline for the transportation of any the proposed activities comply with the operations,and plugging of seismic shot gaseous,liquid,liquifisbie,or slurry requirements fur issuance under generz! holes and other exploratory-type bore substance.for any purpose.and any permit authority.The Chief of Engineers holes.Drilling of exploration-type bore cable,line,or wire for the transmission will prepare this information which will holes for oif and gas exploration is not for any purpose of electrical energy, be supplemented,if appropriate.by authorized by this nationwide permit; telephone and telegraph messages,and divisinn engineers the plugging of such holes is authorized. radio and television cummunicat:on. (b)D.strir.t e;:gineers.Concurrent (Seer:or.s 10 and 4G4). (The utility line and owfall and intake with pubi,cal :�,n in the Federal Register (7)Outfall structures and associated structures will require a Section 10 of proposed.new,or reissued intake stnictures where the effluent from Permit if in navigable waters of the nat�on..ice hermits by the Chief of that outfall has been permitted under United States.See 33 CFR Part 322.See Engineers,district engineers will so the National Pollutant Discharge also paragraph(a)(7)of this ser•.tion). notify the knv n interes!vc!public by an Elimination System program(Section (Section 404) appropriate notice.The notice will 402 of the Clean Water Art)(see 40 CFR (13)Bank slabilizati3n-activities include regional conditions,if any. Pan 122)provided that the district or provided: developed by the d:,.ision engineer. division engineer makes a determination (i)The bank stabilization activity is that the individual and cumulative less than 500 feet in length; 1330.5 Nstlonwide permits, adverse environmental effects of the (ii)The activity is necessary for (R)Authorized activities The structure itself are minimal in erosion prevention: following activities are hereby permitted accordance with 1330.7(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 pet in paragraph(b)of this section and, included—only those directly associated running foot placed along the bank where required.comply with the with an outfall structure are covered by within waters of the United States: notification procedures,of 1330.7. 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 ere 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 10 and 404) wetland area; U.S.Coast Guard(33 CFR Part 06, (a)Structures for the exploration, (vi)No material is placed in any Subchapter Q.(Section 10) production,ond.transporta lion 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 principaily residential continental shelf within areas leased for any wetland area; developments where the connection of such purposes by the Department of (vii)Only clean material free of waste the venal to a navigable water of the Interior,Mineral Management Service, metal products,organic materials, United Stales has been previously provided those structures are iot placed unsightly debris,etc,is used;and authorized(see 33 CFR Part 322.5(g)). within the limits of any designated (triii)The activity is a single and (Section 10) shipping safety fairway or traffic complete project.(Sections 10 and 404) -41256 Federal Register / Vol. 51, No. 7i / Thum"ay, November 13, 19W / 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 ere 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 walerbodv,provided that the capacity of not more than ISM kw(2,000 department where that agency or crossing is culverled,bridged or horsepower);qualifies for the short-form department has determined,pursuant to otherwise designed to prevent the licensing procedures of the FERC(see IS 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 et seq.),that the activity, wetiands adjacent to the waterbody do effects on the environment are minimal work,or discharge is categorically rrol extend beyond 10o feet on either in accordance with 1330.7(c)(2)and(d). excluded from environmental side of the ordinary high water spark of (Section 404) documentation because it is includ!•� + that waterbody.A"minor road crossing (16)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-CIVO-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 (191 Dredging of no more than ten the categorical exclusion and concurs fills may be eligible for an exemption cubic yards from navigable waters of with that determination.Prior to from the need for a Section 404 permit the Uruted 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 authonze 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" the Federal Register. Sections 10 and for the purpose of establishing waters of the United Stales(see Section 404 > applicability of this nationwide permit. 33 CFR 322.Sjg)).(Section 10) ) Sections 10 and 404) (20)Structures,work,and discharges (24)Any activity permitted by a slate ( for the containment and cleanup of oil administering its own Section 404 permit (15)Discheritre of drndRrd or till and hazardous substances which are program for the discharge of dredged or material incidental lu the construction of fill material authorized at 33 U.S.C. bridges dc.rnss nar iRable walerb of the subject to the National Oil and Ur.i:r d S'j'es.including cofferdams. Hazardous Substances Pollution 1344(gHl)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 ISW.Those activities which do not 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 permit parr of the bite ee permit.Causeways and cleanup action..(Sections 10 and but many will be exempted by section and ap,,r::ach fills are not included in ' 4041 322 of Pub.L.(Section .(See 33 CFR this nalmm: %ide permit and will require (21)Struclures,work,discharges 32(25) isc (Section 10) an individual or regional Section 404 associated with surface coal miring (25)Discharge of concrete into lightly permit, (Section 404) activities provided they were authorized sealed fors or cells where the concrete (16)Fi,%.-n M ever from an uplsnd, by the Department of the Interior.Office is used as a structural member which co.:'s:r.ea dredged material disposal of Surface Mining,or by states with would not otherwise be subject to Clean art !.s� -'�323 2;dll provided the apprc�ed programs under Title V of the Water Act jurisdiction.(Section 404) stdte ha; issued a s,i� si•_,ifsc or generic Surface Mining Control and Reclamation (26)Discharges of dredged or fill certiftcation ender section 401 of the Act of 1977;the appropriate district material into the waters listed in Clean V1 ater Act!sre also 33 CFR engineer is given the opportunity to paragraphs(a)(26)(i)and(d)of this 325.2(h)(11I The dredging itself requires review the Tilic V permit application section except those which cause the a Section 10 permit i+located in and all relevant Office of Surface loss or substantial adverse modification, , nsviR:,c_•le waters of the United Slates. Mining or state(as the case may be) of 10 acres or more of such waters of the The re:urn water or runoff from a documentation prior to any decision on United Slates,including wetlands.For cor.ta:nrd disposal area is that application;and the district or discharges which cause the loss or adnrnr h;rativeiy defined as a discharge division engineer makes a determination substantial adverse modification of 1 to of dredged material by 33 CFR X:3.2(d) that the individual and cumulative 10 acres of such waters,including even though the disposal itself occurs on adverse effects on the environment from wetlands,notification to the district the upland and thus does not require■ such structures,work,or discharges are engineer is required in accordance with section 404 permit.This nationwide minima)in accordance with if 330.7(c) section 330.7 of this section.(Section porn,.:t satisfies the technical (2)and(3)and(d).(Sections 10 and 404) 4W)•requirement for a section 404 permit for (22)Minor work,fills,or temporary (i)Non-tidal rivers,streams.and thei+ the return waver where the quality of the structu•es required for the removal of lakes and impoundments,including retc::n%-L.er is controlled by the state wrecked,eiandoned,or disabled adjacent wetlands,that are located through the section 401 certification vessels.or the removal of man-made above the headwaters. proredu�es.(Section 404) obbtructions to na%igation.This peril (ii)Other non-tidal waters of the (17)Fiils associated with smell does not authorize maintenance United States,including adjacent hydropower projects at existing dredging.shoal remc%a),or river bank wetlands,that are not par,of a surface reserveirs where the project which snagging.(Sections 10 and 404) tributary system to interstate waters of ' FadE;a) Register J Vol. 51, No. tla 1 "Ifitutd:.�• lvo.etr,o4r 13, 1W1_ J Rweb an& RezAtions 4125, navigable waters of the United States engineer.If the district enpneer or•cateecre o;wat.-rr by�u /' (i.e..isolated waters). triIIg . ) determines that such historic properties ind;'vidue;o:reg:cz:a1 pe:•s!u;or ' (b)Conditions.The following special may be adversely affected.be nil] revoking an authorisation on a case-by- conditions must be fo;lowed in order for provide the Ad•:sort'Cesncil on case basis.Trtis au,4ority is not limited the nationwide permits identified in Miloric Preservation,an opperturJty to to concerns for the aquatic environment paragraph(a)o, this section to be ve'.id: comment on the effects on such historic as Is the diacretiona-ry authority in 11)That any discharge of dredged or prcpertiee or he will consider j)330A rill material will not occur in the modification suspension,or revocation proximity of a public water supply In accordance with 33 M 325.7. !230A lsanapattnnt praett ee. intake. Furthermore,that,if the perzz!ttas 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 concentreted shellfish production unless property that has not been listed or be followed,to the maximum extent the discharge is direc►v related to a determined eligible for listing on they practicable,in order to minimize the shellfish harvesting acli,'ity authorized National Register,but which may be adverse effects of these dischvrges on b) parag-aph(a)(4)of this section. eligible for listing in the National the aquatic environment.Fail-we to (3)That the activity will not Register,ne ahall immediately notify the comply w!br theie practices mr.jeopardize a threatened or endangered district engineer, �y c 1 be species as identified under the g' cause for the district engineer to Endangered Species Act(ESA).or (10)That the construction or operation recommend,or the d!>isron engineer tc Enang or adversely noddy the critics! of the activity will not impair reserved take,discretionary authority to regulate destroy ) tribal rights•including,but no!limited the activity on an individus!or regional habitat of such species.In the case of to.reserved water rights and treaty basis pursuer.:to 1330.8 of this part. federal agencies,it is the agencies' fishing and hunting rights; resp onsihility to comply with the (11)The in certainmaterial!into states,an (1)Dinto ea a dredged or rill of the ESA If the activity individual state water quality waters of the United States may adversely affect any listed species certification must be obtained or waived shall be avoided or minimized through or critical habitat,the district engineer (See 4 330.9): the use of other practical alternatives. mus:initiate Sect!on 7 consultation in 112)That in certain etateu,an (2)Discharges in spawning areas accordance with the ESA.In such cases, individual state coastal zone during spawning seasons shall be the district eng!neer may management ronsistency concurrence avoided. (i)Initiate section,:consultation and must be obtained or waived(See (3)Discharges shall not restrict or then.upon comp!e%on.authorize the i 330.10); impede the movement of aquatic species activity under the nationwide permit by (13)That the aeliVity 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 Mows or conditions.or been added by the division engineer cause the relocation of the water(unless (it)Prior to or concurrent with section (See 6 330.8(a)):and the primary purpose of the fill is to 7 consulted n he may recommend (14)That the management practices Impound waters). discretionary authority(See section listed in 1330.0 of this part shall be (4)If the discharge creatca an 330.61 or use modification.suspension. followed to the maximum extent Impoundment of water,adverse impacts or revocation procedures(See 33 OR practicable. on the aquatic as-item caused by the 323.7). (c)Fu7ther informotion. (1)District accelerated passage of water and/or the (4)That the acttvtty 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 shali to the waterbodv(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 ir. (5)That any discharge of dredged or 4 330.7. wetlands shall be placed on mate. fill material shall consist of suitable (2)Nationwide p: mitt do not obviate material free frorn toxic.pollutants(see the need to obtain other Federal,state or (7)Discharges into breeding void for section 307 of the Clear.Wa:er Act)in local authorizations required by law. migratory were-fowl shall be soidoided. toxic amounts; (3)Nationwide permits do not grant (B)All temporary rills shall be (6)That any strLcture or fill any property rieh'_ 3r exclusive retnuved in their entirety. authorized shall be properly maintained. privileges. f SM.? MoWimtbnprocedure& (7)That the activity wit!not occw to■ (4)Nationwide permits do not component of the Ni-;ranal Wild and authorize any ir,l,..y to the property or (a)The grneral pern,!ttee shall not Scenic River System,nor Li a river rights of othera. begin disc.urges requiring pre-discharge officially designated bGongreas as a (5)Nationwide permits do not notification pursuant to tee nationwide ..study river•'for possible inclusion in su''•orize interference with any existing Permit at II 330.5(a)(26): the system.while the rive:is in an or proposed Federal project (1)Until notified by the district official oitudy status; (d)Mo6ficarioA Suspension or engineer that the work may proceed (8)That the scti%icy 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 includes,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 passer from National Register of Historic Places.the nationwide conditions;revoking re eipt of the notification by the district permittee will notify the district authorization for a Category of activities engineer end no tontine has been " Y 1-14-1258 Federal Rey;sie, I I,1,,)• d;, p;o, z-- J hu--sdRv, t4avember 13, 19W J Rules and Regulations received free;she dunk::or diviaian ±oget"ier w-Ah a statement of the factors based on ooacer:sr for the aquatic ett�near. perv-nevi;to a detertui_,ation of the environment as expressed in the (b)Notification pu.••s•:ent to the envincninental effects of the proposed guidelines published by EPA pursuant to nationwide permit at 133os(a)t261 must discharges,i.ccluding those set forth In section 4W(b)(1).(40 CFR Part 230) be in writing and en.lude the the 4rA(b)(1)guidelines,and his views Information listed below.Notification is jn the specific isms raised b those (asion a gineerSpecificaeutho conditions. s P Y Division engineer sere authorized to not an admission that the proposed agen ciec. modify nationwide permits by adding work would result in ervre than mL•eima, (3)If the nationwide permit at individual conditions or.a use-by-ce- impacts to waters of the Jnited Statev,it ;330.5{en21)is iarvo!ved the district basis applicable to certain activi•i-, simply allows the district or divisica engineer will give natice to the within their division.Ace'vity sp,,,;t-, engineer to evaluate specific activities Environmental Protective Ageeuy and conditions may be added by Lhc Des•,,. for compliance with general permit the appropriate otate water quality Engineer in instances where them is - criteria. agency.This notice will ind-ide as a (1)Name,address,and phond number minimum the information required b mucus,agreement between the Lh of the general ennittee; q Y district ict and the permitter.fir- t ..ore B P paragraph(b)of this section. r�^errs ' (2)Location of the planned work, F district engineers will have' it^ a P (d)Divi.sivn er.gi'neerreview 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 rererred to him P quality certification issued pant and tc size of the weters,including wetlands, in accordance with paragraph(c)(1)or which would be lost or substantially (c)(2)of this section.The division 1330.9 of this Part adversely modified as a result of the engineer will require an individual (b)Regional conditions.Division work;and permit when he determines that an engineers are authorized to modify (4)Any specific information required activity does not comply with the terms nationwide permits by adding by the nationwide pe.^.nit and any other or conditions of a nationwide permit or conditions on a generic:basis applicab!e Information that the permittee believes does not Lure the definition of a general to certain activities or apecitic is(c)District engineer review e p`" ( 33 CFRerg 32 ode and 3232(n)) In developing regional conditions ographic areas within their divisions. g including discharges under the division and district engineers will notification.Upon receipt of aationwide permit at I 330.5(e)(26) gi notification,the die:rict engineer will which have more than minimal adverse follow standard permit processing promptly review the general perrnittee's environmental effects on the aquatic procedures as prescribed in 33 CFR Part notification err deferrnine whi:h of the environment when viewed either 325 applying the evaluation criteria of 33 following procedures should he cumulatively or separately.In reaching CFR Part 320 and appropriate parts of 33 followed: his decision,he will review factors CFR Parts 321,32., 323,and 324. (1)if the nationwide permit at pertinent to a determination of the Division and district engineers will take 330.5(9)(26)is involved and the district environmental effects of the proposed appropriate measures to inform the engineer determines either.(i)the discha-gel Including those set forth in public of the additional conditions. proposed activity falls within a class of the 40;(b)(1)guidelines,and will give (c)Individual permits- (i)Case-by- discharges or will occur in a category of full consideration to the views,if any,of Case.In nationwide permit cases where waters which has been previously the federal and state natural resource additional individual or regional Identified by the Re6:onal agencies identified in paragraph(e)of conditioning may not be sufficient to Administrator En%Lmmmemisl Protectior, this section.If the division engineer address concerns for the aquatic Agency;the Regiune!Director.Fish and decides the'an individual permit is not environment or where there is not Wildl,feService,the Regional Director, required,end a federal or appropriate sufficient time to develop such National Marine Fisheries Service;or state natural resource agency has conditions under paragraphs(a)or(b►of the heads of the appropriate slate in4icated in writing that an activity may this section,the division engineer may nwura!resource agencies or,being of result in more than minima!adverse suspend use of the nationwide permit parocuia-ir,:e-e-I t:)those agencies;or envwonmental impacts,he will prepare and require an individual permit (ii)the particular d scic, h=>not been a w;-itten 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 commentir*agency.When the a permit.However,if at any t:me 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,13 the district engineer concerning 133a-a owc-tia ,y ec+thortty. that the division engineer assert whether individual permits should be Excep!as provided in paragraphs(c) discretionary authority to require an req,elred. (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(s)(7).(17).or(21)are involved recommendation of a district engineer concurs,he may orally authorize the and the Eavirormenial Prurecticn are authorized to modny 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,after water quality agencies forward concerns or,it case-by-case basis,for a category notice and opportunity for public to the district engineer.he will forward of activities,�r in specific geographic hearing.division engineers may dreide those concerns is the division engineer areas.Discretionary authority will be that individual permit applications U. 22-.aNUvtJr,"DCr 13. low Federal Register VolI. si. rij Ru'eji and fir.. L0E;i- 11259 activities. hould be requir-c-d for cia!Fgorles of Prebwne6.Upon recept of an individual vans: 0-ilz.1 clivi tj e s.or in 8P e c;fiC geographic� or generic cerdficqtloo or a waiver of D:))LiLi en�jirleefit Will n areas.Howeve:,only the Chief of certifica tic:-. &,e propo:,e�work Is UL P-o.^AJs any Cerml.-apip.lication for an activity which &a$beel-,dtaiitd W6111%oul prejudice Eilgineers rosy Mc1d:N-suspend,or authorizes under Ehe nnt:onwide permlL revoke nationwide per-nifis orl It If a stale issues a corrid!(ioned individual vmd,.r the vitionstvide-*rmit pfrogram stalEtvide or rititionwide basis.The terlificalion,the district engiz:ietr will Howevel,if the&villo,n engineer division engineer will arm ounces the Lulude those condidor-2 that oomply detentrunelp 4.It would otherwise be decision to persons affected by the WiG,33 M-M-4 as special conditions appropriate 1c;exercise his dipaetionary . action.The district engineer will then or the nwicn-A-11cle permit(see 33 CFR rMiale the activity or activities by Part 330.3(a))an applicant d notfy the epp' authority.pursuant to I ew.&to Override the nationwide Permit or processing an aniication(s)for an the[the work is out}vrized under the permits in quejoioti-he mey do so.and individual permit(s)pursuant to 33 CPR nationwide perrrdt provided all Part 325. conditions are met the district engineer may proceed with (d)For the nationwide permit found at, (b)CerWrication requirements for the Process!nj or Individual pem.- 330.5(9)(26),after*e applicable nationodde permits fall into the applications. rrevisions of I 330.7ia)(1)and(3)bave following general categories; 1W.I I X&OO"Wicis Plot"jil VWlifcobwL an satisfied,the perrnit!ee's right to (1)No ce.lificc!ion required 1121 General permittect may,and in proceed under the general,perTni'.may Nationwide permits nuMbE.'ed I.Z 4.5, some caLes linust.request from a district be modified,suspended.or revoked only E.9,10.11.and 19 do not involve engirietir confirmation that an activity In accordance with the procedure set activities which may result in a FO'Lh in 33 CF-JR 325.7. discharpe and therefore 401 certification complies with the terms and conditions (e)A copy of all modifirations or Is no,applicable. of a nationwidepermit District revocations of acli%fries covered engineers will respond promptly to such 4 b) (2)Cert, �Ialicnsorriet;rrjes required requests The response will state that ristiorwide permits will be forwarded to Nationwide permits numbered 3.6.7.13. the verification is valid for a period of the Office of the Chief of Engineers, 20.22,22,and 23 each involve various no more than two years-or a lesser AT TN:DARN-CWO-N. activities,acme of which mayresull in a clischai-F�-and require cerfifmaticn,and period of time if deemed appropriate. 1230.9 fitste w2jier quality cartificatior. others of wh;cli do not.Miele den4al or Section 330.12 lakes precedence over (a)State wa'pr qua:.ly certificatmr.is icertificanor,for any specin::nationwide section,therefore,It is incumbento-wide , required for perr:;ils which perrnii in this caicgon pon the permittee to remain informed -discharge into wa!p.,s actMillies in'-solvin8 discharges Those of changes to nationwide permits. may result in ani, y sheTts oilly those of the United Stbl�llj. If 8 State ifiaUej a not invo!vij,.,r discharges rtr- N)If the d!strict eng;neer decides that water qua!ily cerl:ficaiiori which effect. remain in an activity doer not comply with the Includes special con-dvions,the district (3)Certific-ation required.Nationwide terms or conditions of a nationwide engineer iviJ a4d these conditions as Permits-),.triibired i,,.11 15.1136 17,18, permit,he w6l so notify the person conditions of the nationwide permit in 24.25.and 2t involve activities which desiring to do the work and indicate that that swe However.if Such cordihor.s would result In discharges and therefore an individual permit is required(unless do not comply with the provisions of 33 401 cEraricaijor,to required. covered by a regional permit). CFR 325 4 cr if a s'Me do nits a required' (c)D:s—ci eng!-jeers required. take (c)11 the district engineer decide@ that 401 certification for a pan;culsr GPF—Prialz;neaaiures to inform 6e an activity does c--rrp!%•w: h the terms nationwide penis: a-.;!hor'zaVc,rfo--ali pub:jc of which walerbodies or regions and conditions of a nationwide 3 permit w0 th in the state.and for which discharges covered by the nationwide he will so notify the general permittee. permit within the state is denied without- nationwide pertnits,an incliviclum!401 In such cases,as with env activity prviudice until the sate issues an wale, quality certification is required. which qualifies under a nationwide individual or generic water quality permit,the general permittee'o right to certification or waives its right to do so. 1113-10-10 Coastal zone management proceed with the activities under the A district engineer will not process an consistency date"ninatiar nationwide permit may be modified individual pern-,11 fip.phcanon for an In instances w�.-re a State has not suspended•or revoked only in activity for which stithoriza!jon has concurred that a Particular nationwide accordance with the prowdures of 33 been denied withow prejud:ce under the permit is consistent with an approved CFR 325.7. nationwide permit prop,air. However,Lf coastal zone management plan, the division enginee. determines that it authorization fr.: -11 ectivides subject to J 330.12 Explirlirtion I of naft--rwlitie per.,ft& would otherwise be appro'--:iate to such nationwide permit within or The Chief of Engineers will review exercise his discretions,3,authority, affecting the state coastal zone agency*& nationwide permits an a continual basis, pursuant to 1330-8.to override the area of author 4, is denied without and will decide to either modify,reissue nationwide permit or pe.rmts in prejudice until the applicant has (extend)or revoke the permits at least question,he me)-&o,:),and the district furnished to the district engineer a every five years.If a nationwide permit engineer may proceed with the coastal zone management consistency Is not modified or reissued within five processing of individual permit determination pursuant to section 3CY7 of years of publication in the Federal applications.in instances where a state the Coastal Zone Management Act and Register.It automatically expiree and has denied the 401 water quality the state has concurred In iL It a state becomes null and void.Authorization of certification for discharges under a does not art an an applicant's activities which hovecommenced or are particular nationwide permit,applicants consistency statement within six months tinder contract to co :ence in reliance must furnish the district engineer with after receipt by the state,consistency upon a nationwide permit will remain In an Lndividus)or generic 401 certification shall be presumed.District engineers effect provided the activity is completed or a copy of the application to the state will take appropriate measures to inform within twelve months of the date a for the certification.If a state falls to act the public of whi r-h W aterbo-dies or afionwide permit has expired or was within a reasonable period of time(Bee "gic"s-ithin the vtote,and for which revoked unless discretionary permit 325 2(b)(I)(ii)),a waiver will be. nationwide permits,such individual authority has been exerr:sed in J.M.O. CONSUITINq box 361 • NORTh COUNTRY ROAd WAdINq RIVER, N.Y. 11792 (516) 929.3575 TEIEFAx (516) 929.5621- To whom it may concern: Please be advised That I have authorized Glenn E. Just President of J.M.O.. Consulting to act as the agent on my behalf to Apply for and to secure the necessary permits through your agency. Dated FOR ADJOINING AREA SEE MAP N0. 23 PAGE 67 40 �y 41 T7' `, t• 1 !Ii N .a �.r. �yi-ftr yn t'� J 7L t'y>� 1 �e 1 `r .,.� ., s •t L s•y `a r �'4 6 !: s {+ {Y 1 x�, x F 1 ,r •t. n ><. _ L LITTLE., ri 1 e- c r rti'y rt ;r '��•1.',`�c t 'v r•t �O'r"�- FI p 1 �r r t a f f �Y:r i n's F'' 'L t'• ( O �10G', S r jr Yz; }.._. f i r .tea' S r.D� 4 a,,,♦' r F ~•k &: •. _p. ,. •sr,a°r „R°'•NECK > , , , �•s4�` ��:r r&,`� L-ys�d' i�f,t Rrki ! ' ':7OVj,P`��' ,i.;'••.' °L MIMNr.°f f r � n r r. � Q.a' a�,'+i'^a• "".� �,, �• "f+'F L�, 'ka 1 1 ' 1 f r• Hors�y� c+. �, � . r �' �4Y� +-rxcE` � .. sat, "�* "��'"�_'��1 t � r } � o`/a ?} { : �T vs�M`*��yr1�fr�e,.��M �+aF ,}�i..- .•{- �' f•�� r°` _`s <'s r � OJ'��t`�. . �- /�� p r:+<.1��• ,<.,1'�r 4t. � a',yiY, ,y�,y�,'��:, �"�'?�., • .,� Hi. OGUEi NASSAU a 3OR _ 'aL I � ac ( ::POINT },,. C " - i1F is`-'-'^?r,irs'1�.1Y^' '• . nsr •4:'. ' ,r• • ' .r:••.., = WunnewetaHERBERT HBELLRINGER O ;,l'... and-tii'•:!r'i„` _'; :r:'i, R - ,.:.'•' ` '' ~' REAL ESTATE INC. Westhampton, N.Y. 516 288-1115 }t, S 5+A4 >r;,� ,• .>*.°,,.,,,. ; ��6, ,' Montauk Hwy., We Cor. of Hwy. 39&27A (Montauk Hwy.) s•." 'CC1'iO Mp..,�y£ •c ..:�,,..� __r.y.•'r t,'.,:'. 'ti. "' `' : �- '' ':• Southampton N.Y. (516) 283-6611 ":NECK'': INVESTMENT DEVELOPMENT to INDUSTRUL LAND z�Kt•� r� �? %lt* ' Vzil.� ! SYt - i .rl ,'t.. [ ty7:,. .: e�. y,h.:}Y'ir,..r:h:•,w� ,la. 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