HomeMy WebLinkAboutTR-4421 oea
Albert J. Krupski,President � oy Town Hall
John Holzapfel, Vice President o= %� 53095 Main Road
co
William G. Albertson P.O. Box 1179
Martin H. Garrell y zr Southold,New York 11971
Peter Wenczel ��j �`�� Telephone (516)765-1892
Fax(516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
March 30, 1995, 1995
Glen Just
J.M.O. Consulting
P.O. Box 447
Quogue NY 11959-0447
Re: PETER MICCICHE
SCTM #k78-6-4. 1
1
Dear Mr. Just,
The following action was taken by the Board of Town Trustees
during its regular meeting held on March 30, 1995 regarding the
above matter:
WHEREAS, J.M.O. - Consulting, on behalf of PETER MICCICHE
applied to the Southold Town Trustees fora permit under the
provisions of. the Wetland Ordinance of the Town of Southold,
application dated January 27,- 1995 and,
WHEREAS, said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a Public Hearing was held by the Town Trustees with
respect to said application on March 30, 1995, at which time all
interested persons were given an opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question and the surrounding area,
and?.
WHEREAS, the Board has considered all the testimony and
documentation submitted concerning this application, and,
WHEREAS, the structure complies with the standard set .forth in
Chapter 37-18 of the Southold. Town Code, which will be listed on
a separate page, and,
WHEREAS, the Board has determined that the project. as proposed
will not affect the health, safety and general welfare of the
people of the town,
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees approves the application of
PETER MICCICHE to reconstruct within 18" 147' of timber
bulkhead and to backfill structure with approx. 30 c.y. of
clean sand which shall be trucked in from an upland source.
Northern section of reconstructed bulkhead shall tie into. 30 '
section reconstructed within 18" under prior approval and a 20 '
non-turf non-fertilized buffer be placed landward of bulkhead.
�_. Permit to construct project will expire two years from the date
it is signed. Fees must be paid., if applicable, 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.
FEES: None
1
Very truly yours,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/dj h
cc. CAC
Meeting of 2/14/95
purpose of the replacement is to prevent any further erosion during
storm surges.
The Council recommends disapproval because there is no need
shown, the area does not show an erosion problem; the current
structure is not functioning in an erosion prevention capacity.
Applicant should plant spartina to prevent any possible erosion.
Oak Avenue, Southold
Vote of Council: Ayes: All
Motion carried.
No. 1225
The CAC has TABLED the application of JOHN H. MULHOLLAND
AND MICHAEL P. BONTJE 57-2-23 & 24 to maintenance dredge 400
yards to 3 feet below mean law water on Mulholland and Bontje
parcels (bottom privately held by Mulholland and Bontje) . Remove
200 yards each for 400 yard total. Dispose on Mulholland parcel
above, mean spring high water (existing landscaped lawn area).
Add/restore dock to Mulholland and twin pilings to each.
The Council tabled the application because the application is
incomplete. What is needed is a proper survey which would provide
the property owner lot lines and measurements. Survey should -also
show existing conditions and elevations. No plans were submitted for
the dock and no indications of the pilings and the CAC cannot make a
recommendation without the, information. Applicant needs to provide
details of the dredge spoils which should include the contour
elevation of the spoils.
These items are of major concern to the CAC and the Council _
cannot make a recommendation without the information requested
above.
725 E 802 Island View Lane, Creenport
No. 1226
Moved by Stephen Angell, seconded by Allan Connell, it was
RESOLVED to recommend to the Southold Town Board of Trustees
APPROVAL WITH PROVISIONS of the Wetland Application of PETER
MICCCHE 78-6-4.1 to reconstruct within 18", 147' timber bulkhead
and to backfill structure with approximately 30 c.y. of clean sand
which shall be trucked in from an upland source. Northern section
of reconstructed bulkhead shall tie into 30' section reconstructed
within 18" under prior approval.
The CAC recommends approval provided the applicant provide a
vegetative buffer as per the Southold Town Code.
Windy Point Road, Southold.
Vote of Council: Ayes: All
Motion carried.
No. 1227
Moved by Allan Connell, seconded by Stephen Angell, it was
RESOLVED to recommend to the Southold Town Board of Trustees
APPROVAL WITH STIPULATIONS of the Wetland Application of
-- - JOHN C. NEVILLE 64-3-6 -to construct. a fixed walkwa 7-84-- x- 3';- -- - -
hinged ramp 12' x 3', and floating dock 15' x 51.
Page 2
B
• Albert J. Krupski, President ;ljf p� c? Town Hall
John Holzapfel, Vice President 53095 Main Road
P.O. Box 1179
William G. Albertson -r
Martin H. Garrell r� ` :1- ;.;s` Southold, New York 11971
Peter Wenczel °<701
Telephone (516) 765-1892
c� a � Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Office Use Only ^ 0
Coastal Erosion Permit Application
Wetland Permit Application FF
JAN 2 71996 -
Grandfather Permit Application
Trustee Lands Permit Application
Waiver
t-IRieceived Applicati n: Va2l'?S—
erical/C Review:
r7
mpleted Applica io a>
Incomplete
SEQRA Classification: 3Df�
Type I_�Type II Unlist d
oordination: (date s nt) ' o
CAC Referral Sent: ;_a
,gate of Inspection: - is- s--
�-
Receipt of CAC Report: (date) /�
Lead Agency Determination: ak
Technical Review: (date) ;i�.�� �• . ,1 %j'I i ��
Public Hearing: (date) pI JAN 2 71995
Decision: Approved (Y/ (date) N
!plication Fee: $/�. + 1� Lr-OV—rVN" �" OU OLD
r
Name of Applicant Peter Micciche
Address 89 Howard Avenue
Smithtown, N. Y. 11787 Phone Number: 516) 265-1789
Suffolk County Tax Map Number: 1000 - 78-6-4 .1
Property Location: Windy Point Road (Private Rd)
at Bayview, Southold- Location map and survey enclosed
(provide LILCO Pole #, 'distance to cross streets, and location)
''- Agent: Glenn E. Just/ J.M. O. Consulting
( If applicable)
Address: P .O. Box 447
Quogue , N.Y. 11959-0447 Phone: 653-0607
1
Board of Trustees Application
GENERAL DATA
Land Area (in square feet) : 17 , 858 s . f.
Area Zoning: Unknown
Previous use of property: same
Intended use of property: SgMp
Prior permits/approvals for site improvements:
Agency Date
Southold Town Trustees Permit # 2012 8/2/85 (copy enclosed)
U. S .D. O.A. Permit # 13159 9/2/83 (copy enclosed)
N.Y. S .D.E.C . Permit # 10-83-1132 12/12/83 (copy enclosed)
No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or suspended by a
governmental agency?
XX No Yes
If yes, provide explanation:
Project Description (use attachments if necessary) :
Applicant proposes to reconstruct within 18" , 147 ' of timber bulkhead
and to backfill structure with approximately 30 c .y. of clean sand
which shall be trucked in from an upland source . Northern section of
reconstructed bulkhead shall tie into 30 ' section reconstructed within
18" under prior approval .
2
1
board of Trustees Applicatio..
N/A
COASTAL EROSION APPLICATION DATA
.-Purposes of proposed activity:
k
Are wetlands present within 75 feet of the proposed activity? k
No Yes
Does the project involve excavation or filling? �.
No Yes
-cZf Yes, how much material will be excavated? (cubic yards)
How much material will be filled? (cubic yards)
---Manner in which material will be removed or deposited: r. .
Describe the nature and extent of the environmental impacts
reasonably anticipated resulting from implementation of the rt
project as proposed. (Use attachments if necessary)
(
5
Board of Trustees Application
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations: -Proposed`-bulkhead reconstruction
Area of wetlands on lot: 0 square feet
Percent coverage of lot: n/a o
Closest distance between nearest existing structure and upland
edge of wetlands: 44 feet
Closest distance between nearest proposed structure and upland
edge of wetlands: n/a feet
Does the project involve excavation or filling?
No xxx Yes
If yes, how much material will be excavated? 0 cubic yards
How much material will be filled? 30 cubic yards
Depth of which material will be removed or deposited: 6 '
feet
Proposed slope throughout the area of operations: 1 : 1
Manner in which material will be removed or deposited:
Approximately 30 c .y. of clean sand for backfill shall be trucked
in from an upland source .
Statement of the effect, if any, on the wetlands and tidal
waters of the town that may result by reason os such proposed
operations (use attachments if appropriate) :
As proposed, the project should have no impacts on any wetlands
or tidal waters of the Town.
6 '
14-16-4(2/67)—Text 12
PROJECT I.D.NUMBER 617.21 SEOR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR 2..PROJECT NAME
Peter Micciche Bulkhead reconstruction
3. PROJECT LOCATION:
Municipality Southold County Suffolk
4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map)
Windy Point Rd. Southold
S .C . T.M.No . 1000-78-6-4 . 1
Location Map and survey enclosed
5. IS PROPOSED ACTION:
KNew ❑Expansion ❑Modificationlalteratlon
6. DESCRIBE PROJECT BRIEFLY:ANplicant rOpOses to reconstruct within 18" , 147 ' of
timber bulkhead an to backTill structure with approx. 30 cy of clean sand
which shall be trucked in from an Wand source . Northern section of
reconstructed bulkhead shall tie in o 30 ' section reconstructed within
18" under prior approval .
7. AMOUNT OF LAND AFFECTED: �(
Initially . acres Ultimately J° acres
B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
4-Yes ❑No If No,describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
19 Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/ForesUOpen space ❑Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STATE OR LOCAL)?
PYes ❑No If yes, list agency(s)and permlUapprovals
Southold Town Trustees , N.Y. S .D.O. S . & U. S .D.O.A.
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
❑Yes 1z No . If yes,list agency name and permlVapproval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION?
❑Yes No
I CERTIFY THAT/THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor nam t lenq E. J)Js t as agent Date:
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
Boz of Trustees Application
D
AUTHORIZATION
(where the applicant is not the owner)
I CC( C-A e' residing at
(print owner of property) (mailing address) T=:,
do hereby authorize
(Agent)
Ae ,E,5L.4 5`( S,lnD � 6-- aN to apply for permit s) from the
Southold Board of Town Trustees on my behalf.
(Owner' s signature)
4
Boa of Trustees Application
County of Suffolk
State of New York
l 2 T l C G l CGL ci BEING DULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL
WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION
AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES.
THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN
TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS
ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S) , IF GRANTED. IN
COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES,
THEIR AGENT(S) OR REPRESENTATIVES(S) , TO ENTER ONTO MY PROPERTY
TO INSPECT THE PREMISES IN CONJUNZgrgnature
REVIEW OF THIS
APPLICATION.
SWORN TO BEFORE ME THIS DAY OF �� ,19 �S
r
Notary Pu lic NELLI
RpF6AELA RAtrlA
Notary Pubb.State of Ww York
110.52.96602.5da lm_&$►
Teim �31,1898
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Suffolk County ���,,� �`
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timber bulkhead and to backfill structure Vith approx. 30 c.y, of clean
sand which shall be trucked in from an upland site . The northern section
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SURVEY FOR
PETER 8 DOROTHY MICCICHE 8
FRANKLIN. E. 8 DOROTHY R. TOMPKINS
AT BAY VIEW
TOWN OF SOU THO L D GUAf?ANT,EED TO:
SUFFOLK COUNTY, N.Y. CHICAGO TITLE INSURANCE COMPANY
PETER 8 DOROTHY MICCICHE 8 FRANKLIN E. 9
SCALE : 1u_ 30' DOROTHY R. TOMPKINS
SEPT. 8,1978
k
LAND SURVEYOR
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PERMIT NO.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 10-83-1132 TW PW
PERMIT
UNDER THE ENVIRONMENTAL CONSERVATION LAW
ARTICLE 15, (Protection of Water) ® ARTICLE 25, (Tidal Wetlands)
ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Construction in Flood Hazard Areas)
PERMIT ISSUED TO
PETER MICCICHE
ADDRESS OF PERMITTEE
89 Howard Ave. , Smithtown, N. Y. 11787
LOCATION OF P°.'IIECT(Section of stream, tidal wetland,dam, building)
Corey Creek, Pvt. Rd. , southeast of Bayview Rd.
DESCRIPTION u1- - 'OJECT
Enlarge an existing boatslip by excavating approximately 20 cu. yds. of soil. New dimensions o
slip to be 23' x 26' . Timber floor of boatslip to be removed and replaced with concrete. The
excavated soil will be used to backfill a 30' section of bulkhead located along the nort ern
end of property, which will be replaced inkind and within 16" of old.
COMMUNITY NAME(City,Town, Village) TOWN
Bayview Southold
COUNTY FIA COMMUNITY NO. ' DAM NO. PERMIT EXPIRATION DATE
Suffolk 31 Dec. 1984
GENERAL CONDITIONS
1. The permittee shall file in the office of the appropriate Regional B. That the State of New York shall in no case be liable for any damage
Permit Administrator, a notice of intention to commence work at least 48 or injury to the structure or work herein authorized which may be caused by or
hours in advance of the time of commencement and shall also notify him result from future operations undertaken by the State for the conservation or
promptly in writing of the completion of the work. improvement of navigation, or for other purposes, and no claim or right to
2. The permitted work shall be subject to inspection by an authorized compensation shall accrue from any such damage.
representative of the Department of Environmental Conservation who may 9. That if the display of lights and signals on any work hereby authorized
order the work suspended if the public interest so requires. is-not otherwise provided for by law, such lights and signals as may be pre-
3. As a condition of the issuance of this permit, the applicant has ac- scribed by the United States Coast Guard shall be installed and maintained
cepted expressly, by the execution of the application, the full legal respon- by and at the expense of the owner.
sibility for all damages, direct or indirect, of whatever nature, and by whom- 10. All work carried out under this permit shall be performed in accur--}
ever suffered, arising out of the project described herein and has agreed to dance with established engineering practice and in a workmanlike manner.
indemnify and save harmless the State from suits, actions, damages and
costs of every name and description resulting from the said project. 11. If granted under Articles 24 or 25, the Department reserves the right
to reconsider this approval at any time and after due notice and hearing to
4. Any material dredged in the prosecution of the work herein permitted continue, rescind or modify this permit in such a manner as may be found to
shall be removed evenly, without leaving large refuse piles, ridges across the be just and equitable. If upon the expiration or revocation of this permit, the
bed of the waterway or flood plain or deep holes that may have a tendency to modification of the wetland hereby authorized has not been completed, the
cause injury to navigable channels or to the banks of the waterway. applicant shall, without expense to the State, and to such extent and in such
5.. Any material to be deposited or dumped under this permit, either in time and manner as the Department of Environmental Conservation may require,
the waterway or on shore above high-water mark, shall be deposited or dumped remove all or any portion of the uncompleted structure or fill and restore the
at the locality shown on the drawing hereto attached, and, if so prescribed site to its former condition. No claim shall be made against the State of New
thereon, within or behind a good and substantial bulkhead or bulkheads, such York on account of any such removal or alteration.
as will prevent escape of the material into the waterway. 12. This permit shall not be construed as conveying to the applicant any
6. There shall be'no unreasonable interference with navigation by the right to trespass upon the lands or interfere with the riparian rights of others
to perform the permitted work or as authorizing the impairment of any rights,
work herein authorized, title or interest in real or personal property held or vested in a person not a
7. That if future operations by the State of New York require an alteration Party to the permit.
in the position of the structure or work herein authorized, or if,,in the opinion 13. The permittee is responsible for obtaining any other permits, ap-
of the Department of Environmental Conservation it shall cause unreasonable provals, lands, easements and rights-of-way which may be required for this
obstruction to the free navigation of said waters or flood.flows or endanger project.
the health, safety or welfare of the people of the State, or loss or destruction
of the natural resources of the State,the owner may be ordered by the Depart- 14. If granted under Article 36, this permit is granted solely on the basis
ment to remove or alter the structural work, obstructions, or hazards caused of the requirements of Article 36 of the Environmental Conservation Law and
thereby without expense to the State; and if, upon the expiration or revocation Part 500 of 6 NYCRR,(Construction in Flood Plain Areas having Special Flood
of this permit, the structure, fill, excavation; or other modification of the Hazards ' Building Permits) and in no way signifies that the project will be
watercourse hereby authorized shall not be completed, the owners shall, free from flooding.
without expense to the State, and to such extent and in such time and manner 15. 8 acceptance of this as the Department of Environmental Conservation may require, remove all or y P lance permit the permittee agrees that the permit
any portion of the uncompleted structure or fill and restore to its former is contingent upon strict compliance with the special conditions on the
condition the navigable and flood capacity of the watercourse. No claim shall reverse side.
be made against the State of New York on account of any such removal or
alteration.
95-20-4(9/75) (SEE REVERSE SIDE)
ALL MOORINGS AND STAKES MUST DISPLAY VISIBLE MOORING NUMBERS
ALL DOCKS AND BULKHEADS MUST DISPLAY VISIBLE PERMIT NUMBERS
04
I`�,. ��i.` ` .y - � -' �... _ 'r. �.. �. ••'{�J7ltl F'il'ifi]'VA7tY� ANZAg'
�i'� ..:.r•. �-•-r-°- :�.:ice•►.� T�:^• xFj.
v.b .G`�l�a�__._-.v1. �...� vL�-.iC-r�l..�:.t�..:.Y��. �2.T..-�.•g'r..-.:- .!.1 :t.��••.\ t��
Board Of Southold Town Trustees
)� 'P. •�w SOUTHOLD, NEW YO,.K --
�, Mooring # N/A `
O 2012 .....1985PE MIT N ............... DATE:Augus ..... ., .
ISSUEDTO ..............Peter...Mic�ic'l e......................................................................... 3 `
R Pursuant to the provisions of Chapter 615 of the Laws of
�;5 the State of New York, 1893; and Chapter 404 of the Laws of the
..: ��
,y State of New York 1952; and the Southold Town Ordinance en-
titled REGULATING AND THE PLACING OF OBSTRUCTIONS .f .;
IN AND ON TOWN WATERS AND PUBLIC LANDS and the •� ;'
REMOVAL OF SAND GRAVEL OR OTHER MATERIALS FROM
• �� LANDS UNDER TOWN WATERS;" and in accordance .with theFN
;,.
mg Resolution of The Board adopted at a meeting held on Augus.t....l.,
19..85.:., and in consideration of the sum of .,..QQ............ paid by
Peter Micciche4 �
....^................................................................-..............................................................
.................................
of Southold.............................................................. N. Y. and subject to the .
Terms and Conditions listed on the reverse side hereof,
��.. : �•r of Southold Town Trustees authorizes and permits the following:
1.1 Application approved under the Grandfather Clause
��'• `` .� to secure a permit:--.for a, bulkhead and ramp �;y • „
- ' l`« in Southold all in accordance with the � •�
application submitted. ,
all in accordance with the detailed specifications as presented in
the originating application. +
IN WITNESS WHEREOF, The said Board of Trustees here- `,
by causes its Corporate Seal to be affixed, and these presents to
, :. be subscribed by a majority of the s id oard as of this te. �
s
. d .
Off. �G : - ...
r.
41
.. ... ........
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TERMS and CONDITIONS
The Permittee Peter Micciche
residing at Private Road 412 Southold.-
part of the consideration for the issuance of the Permit does understand and prescribe to the fol-
lowing: 1. That the Southold Trustees Permit must be prominently
displayed on the premises effected thereby during the period Work
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- uncle
• Ution performed pursuant to this permit, and the said Permittee will, at his or her own expense, the
`'defend any and all such suits initiated by third parties, and the said Permittee assumes full liability Perini
with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold
3_ That this�Permit is valid for a period of � ? mos. which is considered to be the
sufficient 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.
al q.. 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 anth-
�{ orization was originally obtained
. � 5. That the work involved will be subject to the inspection and approval of the Board or
I its agents, and non-compliance with the provisions of the originating application, may be cause for
revocaticn of this Permit by resolution of the said Board.
Y ' 6. That there will be no unreasonable interference with navigation as 'a result of the work
�I herein authorized.
r�)
7. 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. •
� I $. That if future operations of the Town of Southold require the removal and/or alterations
is the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the
• _ work shall crux unreasonable obstruction to free navigation, the said Permittee will be required,
a upon due notice, to remove or alter this work or project herein stated without expenses to the Town
of Southold.
� 9 , That the said Board will be notified by the Permittee or the completion of the work auth-
orized. (See tear off sheet. )
10 . That the Permittee will obtain all other permits and consents that may be required sup-
�I plemental to this permit which may be subject to revoke upon failure'to obtain same.
( Application No. 83-710—L2
(Public Notice No. '11625
Name of Applicant Peter Micciche
Effective Date February 13, 1984
Expiration Date(If applicable) February 13, 1987
DEPARTMENT OF THE ARMY
PERMIT#13159
Referring to written request dated 2 September 1983for a permit to:
(x) Perform work in or affecting navigable waters of the United States,upon the recommendation of the Chief of Engineers,
pursuant to Section 10 of the Rivers and Harbors Act of March 3,1899(33 U.S.C.403);
(x) Discharge dredged or fill material into waters of the United States upon the issuance of a permit from the Secretary of the
Army acting through the Chief of Engineers pursuant to Section 404 of the Clean Water Act(33 U.S.C.1344);
( ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the
• Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection,Research and
Sanctuaries Act of 1972(86Stat.1052,P.L.92-532);
Peter Micciche
89 Harvard .Avenue
Smithtown, NY . .11787
.(516).265-1789
is hereby authorized by the Secretary of the Army:
. to
replace 30 linear feet .of an existing bulkhead within eighteen inches of an
existing one, and enlarge an existing boat ramp to. 26 feet by 23 feet by removing
20 cubic yards of sand and covering the ramp area with a concrete surface. All
excavated sand is to be used .as .backfill for .the .replacement bulkhead.
S i
in an unnamed canal off .of Corey Creek, Little Peconic Bay; !`
a private road off of Bayview Road, Southold, Suffolk County, New York;
at
in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit(on draw-
ings,give file number or other definite identification masks.)
1522-15 (Little Peconic .Bay - Peter Micciche - .ramp, bulkhead)
subject to the following conditions:
1. General Conditions:
a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit;and
that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of
this permit which may result in the modification,suspension or revocation of this permit,in whole or in part,as set forth more
specifically in General Conditions j or k hereto,and in the institution of such legal proceedings as the United States Govern-
ment may consider appropriate,whether or not this permit has been previously modified,suspended or revoked in whole or in
par
EN FORM 1721,Sep 82 EDITION OF 1 JUL 77 IS OBSOLETE (ER1145.2-M)
1
The following Special Conditions will be applicable when appropriate:
STRUCTURES IN OR AFFECTING NAVIGABLE WATERS OF THE UNITED STATES:
a. That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee
shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by
or result from existing or future operations undertaken by the United States in the public interest.
b. That no attempt shall be made by-the permittee to prevent the full and free use by the public of all navigable waters at or
adjacent to the activity authorized by this permit.
a That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law,
such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the
expense of the permittee.
d. That the permittee,upon receipt of a notice of revocation of this permit or upon its expiration before completion of the
authorized structure or work,shall,without expense to the United States and in such time and manner as the Secretary of the
Army or his authorized representative may direct,restore the waterway to its former conditions.If the permittee fails to com-
ply with the direction of the Secretary of the Army or his authorized representative,the Secretary or his designee may restore
the waterway to its former condition,by contract or otherwise,and recover the cost thereof from the permittee.
e. Structures for Small Boats:That permittee hereby recognizes the possibility that the structure permitted herein may be
subject to damage by wave wash from passing vessels.The issuance of this permit does not relieve the permittee from taking all
proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by
wave wash and the permittee shall not hold the United States liable for any such damage.
MAINTENANCE DREDGING:
a. That when the work authorized herein includes periodic maintenance dredging,it may be performed under this permit
for years from the date of issuance of this permit(ten years unless otherwise indicated);
b. That the permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any
maintenance dredging.
DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES:
a. That the discharge will be carried out in conformity with the goals and objectives of the,EPA Guidelines established pur-
suant to Section 404(b)of the Clean Water Act and published in 40 CFR 230;
b. That the discharge will consist of suitable material free from toxic pollutants in toxic amounts. . .
c. That the fill created by the discharge will be properly maintained to prevent erosion and other non-point sources of pollu-
tion.
DISPOSAL OF DREDGED MATERIAL INTO OCEAN WATERS:
a. That the disposal will be carried out in conformity with'the goals, objectives, and requirements of the EPA criteria
established pursuant to Section 102 of the Marine Protection',Research and Sanctuaries Act of 1972,published in 40 CFR 220-
228.
b. That the permittee shall place a copy of this permit in a conspicuous place in the vessel to be used for the transportation
and/or disposal of the dredged material as authorized herein.
This permit shall become effective on the date of the District Engineer's signature.
Permittee ereby accepts and agrees to comply with the terms and conditions of this permit.
4"X, C—&- ,�Z A I e/
Peter Miccich ERMITTEE DATE
BY AUTHORI OF T SE RY HE'A Y:
February 13, 1984
olonel, rps f Engine rs DATE
DISTRICT ENGI ER,
U.S.ARMY,CO OF INEERS
Transferee her by a to comply with the terms and conditions of this permit
r TRANSFEREE r DATE
1 4
U.S. GOVERNMENT PRINTING OFFICE 1992 0 - 393-990
Albert J. Krupski,President p��S�fFO(�C� Town Hall
John Holzapfel, Vice President �� Gy1 53095 Main Road
William G. Albertson `" P.O. Box 1179=Martin H. Garrell Southold,New York 11971
O
Peter Wenczel y?��l ��0� Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
LEAD AGENCY COORDINATION REQUEST
TO: Whom It May Concern DATE: Jan. 30, 1995
Enclosed is a permit application and a completed part I of the
Environmental Assessment Form.
Southold Town Trustees are interested iri your ageny' s comments
in acting as SEQRA Lead Agency for:
NAME: PETER MICCICHE
LOCATION: 270 Windy Point Rd (Private Rd. #12) Southold
TAX MAP: 1000-78-6-4.1 PERMIT # Pending
DESCRPTN: (See attached)
PERMIT REQUIRED: (}C) TOWN WETLAND ( ) OTHER
SEQRA CLASSIFICATION: .(x) Type I ' ( ) Type II
(( ) UNLISTED ( ) CEA
Please contact Albert J. Krupski, Trustee President, w' 30
days and be advised that the Southold Town Trustees (WANT)/(DO
NOT WANT) to assume lead agency.
SENT TO: DOS (x) `DEC fix) DOH ( ) PB ( ) ZBA ( ) BLD ( ) ACE
r7 �s—
a1c.7 /9s� CAC
Please complete, detach and return this form to expedite
processing.
Involved Agency:
Project Name:
Location:
SCTM:
We at (Have/No) objection to Southold Town
AGENCY
Trustees assuming Lead Agency.
Comments/Reasons:
Signature of Authorized Representative
1 -
A
06 Feb 1995 NEW YORK DISTRICT, CORPS OF ENGINEERS Page: 2
t Final Actions
Between 01/01/1995 and 01/31/1995
APPL-NO TYPE DATE APPLICANT WORK DESCRIPTION CITY/TOWN COUNTY ST
BANK STABILIZATION
199412090 FNW 23'Jan 1995 Structural Technology, Inc. ROAD Brookhaven Suffolk NY
199412100 FNW 20 Jan 1995 Costigan, James BULKHEAD Islip Suffolk NY
DREDGE WITH UPLAND DISPOSAL
199500020 FNW 04 Jan 1995 Lavelle, Richard PIER ASSE14BLY Hempstead Nassau NY
DREDGE WITH UPLAND DISPOSAL
199500040 FNW 03 Jan 1995 Lasek, Stefan REVETMENT Huntington Suffolk NY
199500050 FNW 04 Jan 1995 Devito, James BULKHEAD Southampton Suffolk NY
DREDGE WITH UPLAND DISPOSAL
199500140 FNW 09 Jan 1995 Callahan, Joe BULKHEAD Babylon Suffolk NY
DREDGE WITH UPLAND DISPOSAL
199500160 FNW 09 Jan 1995 Ennis, Kathyn BULKHEAD Oyster Bay Nassau NY
DREDGE WITH UPLAND DISPOSAL
199500270 FNW 23 Jan 1995 Town of Carmel FILL IN WETLAND Carmel Putnam NY
PIPELINE
199500420 FNW 13 Jan 1995 Matrisciano, Robert BULKHEAD Babylon Suffolk NY
DREDGE WITH UPLAND DISPOSAL
199500610 FNW 20 Jan 1995 Barnard, James BULKHEAD Southampton Suffolk NY
FILL
199500620 FNW 20 Jan 1995 Malerba, Ralph RETAINING WALL Babylon Suffolk NY
FILL
199500630 FNW 20 Jan 1995 Farrell, William BULKHEAD Islip Suffolk NY
DREDGE WITH UPLAND DISPOSAL
199500660 FNW 23 Jan 1995 Borough of South River OUTFALL STRUCTURE South River Middlesex NJ
FILL IN WETLAND
199500810 FNW 24 Jan 1995 Schmieder, Ken BULKHEAD Babylon Suffolk NY
199500830 FNW 24 Jan 1995Etzelsberger, Olga BULKHEAD Hempstead Nassau NY
DREDGE WITH UPLAND DISPOSAL
199500900 FNW 27 Jan 1995 Westchester County DPW BRIDGE REPAIR Lewisboro Westchester NY
RIPRAP
199500930 FNW 27 Jan 1995 Mastromauro, Robert BULKHEAD Hempstead Nassau NY
DREDGE WITH UPLAND DISPOSAL
199'>01000 FNW 30 Jan 1995 Finkernagel, Bill BULKHEAD Babylon Suffolk NY
DREDGE WITH UPLAND DISPOSAL
199SO1010 FNW 30 Jan 1995 Micciche, Peter BULKHEAD Southold Suffolk NY
FILL
199501020 FNW 30 Jan 1995 McManus, Patrick BULKHEAD Babylon Suffolk NY
DREDGE WITH UPLAND DISPOSAL
199501030 FNW 31 Jan 1995 Fusco, Michael BULKHEAD Oyster Bay Nassau NY
DREDGE WITH UPLAND DISPOSAL
r i
� I
I
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, NEW YORK FIRST-CLASS MAIL
JACOB K.JAVITS FEDERAL BUILDING U.S.POSTAGE PAID
NEW YORK,N.Y. 10278-0090 NEW YORK, N.Y.
PERMIT No.23
OFFICIAL BUSINESS,
PENALTY FOR PRIVATE USE,$300
MR, JOHN M. BREDEMEYER, III
TOWN OF SOUTHOLD
PRESIDENT
BOARD OF TRUSTEES
2.0. BOX 1179
SOUTHOLD, NY 11971
I 1d I,I,sI:a 3�,,
US Army Corps
of Engineers In replying refer to
New York District Public Notice Number. : c.rraE>v w- i,,
Jacob K. Javits Federal Building Issue Date: ]
New York, N.Y. 10278-0090 Expiration Date: NIA
ATTN: Regulatory Branch
To Whom It May Concern:
Enclosed please find a listing of permit decisions made by
the New York District, Corps of Engineers during the past month.
To facilitate your review, this is an explanation of the
three-letter code denoting the type of permit issued:
FAI -- issued after-the-fact permit
FGP -- issued regional/state program general permit
FLP -- issued letter of permission
VIM -- issued modified permit
PIP -- issued individual permit
PION confirmed applicability of nationwide general permit(s)
For information concerning projects authorized in New Jersey,
New York City, Westchester and Rockland Counties and on Long
Island, please contact the Eastern Permits Section at (212) 264-
6731. For information concerning projects authorized in other
areas of New York State, please contact the Western Permits Section
at (212) 264-0185.
FOR THE DISTRICT ENGINEER:
seph J. Seebode
C ief, Regulatory Branch
06 Peb 1995 NEW YORK DISTRICT, CORPS OF ENGINEERS Page: 1
Final Actions
Between 01/01/1995 and 01/31/1995
APPL-NO TYPE DATE APPLICANT WORK DESCRIPTION CITY/TOWN COUNTY ST
199303130 FAI 05 Jan 1995 Oakland Restaurant and Marina MARINA Southampton Suffolkm NY .
199406610 FAI 05 Jan 1995 Kayne, Steven and Susan PIER ASSEMBLY Hempstead Nassau NY
199208041 FGP 19 Jan 1995 Berken, Nancy FLOAT(S) Southampton Suffolk NY
RAMP
199500020 FGP 04 Jan 1995 Lavelle, Richard PIER ASSEMBLY Hempstead Nassau NY
DREDGE WITH UPLAND DISPOSAL
199500710 FGP 25 Jan 1995 Desmond, Kevin PIER ASSEMBLY Southampton Suffolk NY
199500950 FGP 27 Jan 1995 Loesch, Robert PIER ASSEMBLY Southampton Suffolk NY
199213210 FIP 26 Jan 1995 U.S. Department of the Navy DREDGING WITH OCEAN DISPOSAL Middletown Monmouth NJ
199304570 FIP 31 Jan 1995 Metro-North Commuter Railroad FILL IN WETLAND Cortlandt Westchester NY
CHANNEL REALIGNMENT
199304680 FIP 18 Jan 1995 Suffolk County DPW DREDGING WITH BEACH NOURISHMENT Islip Suffolk NY
199402000 FIP 17 Jan 1995 NYC Dept. of Parks and Recreation MISCELLANEOUS Bronx Bronx NY
199402260 FIP 13 Jan 1995 Miller, Ray BULKHEAD Hempstead Nassau NY
PIER ASSEMBLY
1994)2710 FIP 11 Jan 1995 Logan, Richard PIER ASSEMBLY Hempstead Nassau NY
199403430 FIP 20 Jan 1995 Suffolk County DPW DREDGING WITH BEACH NOURISHMENT Southold Suffolk NY
199403510 PIP 17 Jan 1995 NYC Dept. of Parks and Recreation MISCELLANEOUS Bayside Queens NY
199406280 FIP 13 Jan 1995 Rahn, Edward BULKHEAD Hempstead Nassau NY
DREDGE WITH UPLAND DISPOSAL
199406300 FIP 24 Jan 1995 Novick, Antoinette MISCELLANEOUS Southampton Suffolk NY
199406930 PIP 05 Jan 1995 White, Henry PIER ASSEMBLY Southampton Suffolk NY
199407460 FIP 31 Jan 1995 GJC d/b/a Hanff's Boat Yard RETAINING WALL Southold Suffolk NY
BULKHEAD
199407490 FIP 13 Jan 1995 Dipolito, Margaret BULKHEAD Hempstead Nassau NY
DREDGE WITH UPLAND DISPOSAL
199408560 FIP 13 Jan 1995 Barone, Vincent BULKHEAD Hempstead Nassau NY
DREDGE WITH UPLAND DISPOSAL
199311211 FLP 27 Jan 1995 Steinberg, Lee BOAT LIFT Hempstead Nassau NY
WALKWAY
199401670 FLP 26 Jan 1995 Unterman, Seymour PIER ASSEMBLY Southampton Suffolk NY
BOAT LIFT
199409800 FLP 23 Jan 1995 LeVeen, Jeffrey PIER ASSEMBLY Southampton Suffolk NY
199411350 FLP 25 Jan 1995 Klein, Stewart PIER ASSEMBLY Hempstead Nassau NY
199411450 FLP 11 Jan 1995 Shulman, Robert PIER ASSEMBLY Hempstead Nassau NY
BULKHEAD
19941.1650 FLP 12 Jan 1995 Ginsburg, Arlene PIER ASSEMBLY Hempstead Nassau NY
199411670-FLP 19 Jan 1995 Bassin, Gilbert and Doreen PIER ASSEMBLY Southampton Suffolk NY
199312580 FNW 19 Jan 1995 Town of Warwick FILL IN WETLAND Warwick Orange NY
199405700 FNW 05 Jan 1995 Morache, Edmund and Matilda FILL IN WETLAND Cambridge Washington NY
199406140 FNW 19 Jan 1995 City of Kingston FILL IN WETLAND Kingston Ulster NY
199407320 FNW 20 Jan 1995 NY State Dept. of Transportation BRIDGE REPAIR Butternuts Otsego NY
BANK STABILIZATION
199408030 FNW 30 Jan 1995 NY State Dept. of Transportation BRIDGE REPLACEMENT Cortlandt Westchester NY
FILL IN WETLAND
199409050 FNW 13 Jan 1995 Village of Mayfield UTILITY LINE Mayfield Fulton NY
199409620 FNW 23 Jan 1995 Riverside Bank FILL IN WETLAND Poughkeepsie Dutchess NY
199409810 FNW 26 Jan 1995 Patanian, Edward FILL IN WETLAND Averill Park Rensselaer NY
199410460 FNW 30 Jan 1995 NY City Dept. of Transportation BULKHEAD Brooklyn Kings NY
FILL
199410520 FNW 19 Jan 1995 Orlando, Frank and Regina FILL IN WETLAND New Baltimore Greene NY
199410630 FNW 19 Jan 1995 NY State Dept. of Env. Conservation DAM REPAIR OR MODIFICATION Morris Otsego NY
199410650 FNW 23 Jan 1995 Lake Claire Homeowners Association FILL IN WETLAND Mount Hope Orange NY
199411170 FNW 12 Jan 1995 Neiberg, David BULKHEAD Islip Suffolk NY
DREDGE WITH UPLAND DISPOSAL
199411420 FNW 09 Jan 1995 NY City Department of Sanitation DREDGE WITH UPLAND DISPOSAL Staten Island Richmond NY
199411450 FNW 11 Jan 1995 Shulman, Robert PIER ASSEMBLY Hempstead Nassau NY
BULKHEAD
19941.470 FNW 23 Jan 1995 Wildwood Realty Associates FILL IN WETLAND East Fishkill Dutchess NY
199411570 FNW 05 Jan 1995 Metro North Commuter Railroad BRIDGE REPLACEMENT Dover Dutchess NY
FEB 1 31995
' DEPARTMENT OF THE ARMY _
`` 1 NEW YORK DISTRICT. CORPS OF ENGINEERS
JACOB K_ JAVITS FEDERAL BUILDING TOV,'+"
\l NEW YORK, N.Y. 10278-0090
\ REPLY TO January 30, 1995
ATTENTION OF
Eastern Permits Section
SUBJECT: Application No. 95-01010-L2 by Peter Micciche
Mr. Peter Micciche
c/o J.M.O. Consulting
P.O. Box 447
Quogue, New York 11959-0447
Dear Mr. Micciche:
On January 30, 1995, the New York District, U.S. Army Corps
of Engineers, received a request for Department of the Army
authorization to replace approximately 147 linear feet of timber
bulkhead within 18 inches of an existing bulkhead and place
approximately 30 cubic yards of clean sand as backfill. The site
is in an unnamed canal off Corey Creek, a tributary of Little
Peconic Bay located at Bayview, Town of Southold, Suffolk County,
New York.
Based on information submitted to this office, our review of
the project indicates that an individual permit is not required.
It appears that the activities within the jurisdiction of this
office could be accomplished under an existing Department of the
Army nationwide general permit. The nationwide permits are
prescribed in Title 33 of the Code of Federal Regulations (33 CFR
330, Appendix A, Part B, No. 3) . A public notice issued from
this office which describes the nationwide permits and conditions
for New York is enclosed for your review. The work may be
performed without further authorization from this office provided
the activity complies with the permit conditions listed in
Appendix A, the following special conditions, and any applicable
regional conditions added by the State of New York. - �
This determination covers only the work described in the
submitted material. Any major changes in the project may require
additional authorizations from the New York District.
Care should be taken so that construction materials,
including debris, do not enter any waterway to become drift or
pollution hazards. You are to contact the appropriate state and
local government officials to ensure that the subject work is
performed in compliance with their requirements.
This verification is valid for a period of two years from
the date of this letter, unless the Nationwide Permit is
modified, suspended or revoked. This verification will remain
valid for two years from the date of this letter if the activity
complies with the terms of any subsequent modifications of the
Nationwide Permit authorization. If the Nationwide Permits are
1
suspended, revoked, or modified in such a way that the activity
would no longer comply with the terms and. conditions of a
Nationwide Permit, and the proposed activity has commenced, or is
under contract to commence, the permittee shall have 12 months
from the date of such action to complete the activity.
If any questions should arise concerning this matter, please
contact Denise Butts, of my staff, at (212) 264-3913 .
Sincerely,
James W. Haggerty
�Jg Y _
Chef, Eastern Permits Section
Enclosures
t ;
• NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATIO1
DEC PERMIT NUMBER EFFE TIVE DATE
- -v
FACILITY/PROGRAM NUMBER(S) P E R1C/II T E RATION DATE(S)
(TWSP3)
Under the Environmental
Conservation Law
TYPE OF PERMIT Y New ❑ Renewal ❑ Modification 0 'Permit to Construct 0 Permit to Operate
■ Article 15, Title 5: Protection ■ 6NYCRR 608: Water Quality 0 Article 27, Title 7; 6NYCRR 360:
of Waters Certification Solid Waste Management,
0 Article 15, Title 15: Water 0 Article 17, Titles 7, 8: SPDES 0 Article 27, Title 9; 6NYCRR 373:
Supply Hazardous Waste Management
0 Article 19: Air Pollution
❑ Article 15, Title 15: Water Control 0 Article 34: Coastal Erosion
Transport Management
0 Article 23, Title 27: Mined Land
0 Article 15, Title 15: Long Reclamation 0 Article 36: Floodplain
Island Wells Management
0 Article 24: Freshwater Wetlands
❑ Article 15, Title 27: Wild, ❑ Articles 1, 3, 17, 19, 27, 37;
Scenic and Recreational Rivers ■ Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control
❑ Other:
PERMIT ISSUED TO TELEPHONE NUMBER
ADDRESS OF PERMITTEE
CONTACT PERSON FOR PERMITTED WOK 41 TELEPHONE NUMBER
NAME AND ADDRESS OF OJECT/FACILITY
LOCATION OF PROJECT/FACILITY
COUNTY TOWN WATERCOURSE N TM COORDINATES
_ � y
WICN CF AJ11-MIZED PUIVI7Y /
Construct within 18" of exiting functional bulkhead l'y?linear feet of bulkhead and place <2 cu.yds. of
backf i l l. dy�,'
NOTE: Additional activities described on page three (3) of this permit are also approved under this permit if the
adjoining box is checked and the proposed work is shown on the approved plan.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
Environmental Conservation Law (ECL), all applicable regulations, the General Conditions specified (see page 2) and any
Special Conditions included as part of this permit.
DEPUTY PERMIT ADMINISTRATOR: ADDRESS
Bldg. 40, SUNY, Stony Brook, New York 11790-2356
AUTHORIZED SIGNA�ATURE DATE
vw/ Page 1 of
GENBI& 0301 T ICT6
Inspections
1 . The permitted site or facility, including relevant records, is subject to in-
spection at reasonable hours and intervals by an authorized representative of
the Department of Enviromriental Conservation (the Departrrunt) to determine
v%hether the permittee is caTplying with this permit and the ECL. Such represen-
tat ive Trey order the v%ork suspended pursuant to ECL 71-0301 and SAPA 401 (3) .
copy of this permit, including all referenced rraps, drawings and special
conditions, must be available for inspection by the Department at all times at
the project site. Failure to produce a copy of the permit upon request by a
Department(m presentative is a violation of this permit.
Pe rmi t Changes and Fienene l s
2. The Department reserves the right to modify, suspend or revoke this permit Men:
a) the scope of the permitted activity is exceeded or a violation of any
condition of the permit or provisions of the ECL and pertinent regula-
tions is found;
b) the permit v%es obtained by misrepresentation or failure to disclose
relevant facts;
c) new material information is discovered; or
d) envirom-ental conditions, relevant technology, or applicable law or
regulation have materially changed since the permit v%es issued.
3. The permittee must submit a separate written application to the Department for
renam 1 , modification or transfer of this permit. Such application rrust include
any forms, fees or supplemental information the Department requires. Any
renam 1 , modification or transfer granted by the Department must be in writing.
4. The permittee must sub-nit a renen,el application at least:
a) 180 days before expiration of permits for State Pollutant Discharge
Elimination System (SPDES) , Hazardous V1bste IVbnagerent Facilities
(PVW) , major Air Pollution Control (APC) and Solid V1bste lVbnagement
Facilities (STOUP) ; and
b) 30 days before expiration of all other permit types.
5. Lhiess expressly provided for by the Department, issuance of this permit does
not modify, supersede or rescind any order or determination perviously issued by
the Department or any of the terms, conditions or requirements contained in such
order or determination.
Other Legal Cb I i ga t i ons of Pre rrni t tee
6. The permittee has accepted expressly, by the execution of the application, the
full legal responsibility for all da-rmges, direct or indirect, of Matever
nature and by Wxn-ever suffered, arising out of the project described in this
permit and has agreed to indemify and save harmless the State fran suits,
actions, damages and costs of every name and description resulting fran this
project.
7. This permit does not convey to the permittee any right to trespass upon the
lands or interfere with the riparian rights of others in order to perform the
permitted v\ork nor does it authorize the impairment of any rights, title, or
interest in real or personal property held or, vested in a person not a party to
the permit.
8. The permittee is responsible for obtaining any other permits, approvals, lands,
easements and rights-of-v\ay that may be required for this project.
Page 2 of
t ,
.e5-20-6a (i/92)-25c
ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34 and 6 NYCRR Part 608 ( )
9. That if future operations by the State of New York require an al- other environmentally deleterious materials associated with the
teration in the position of the structure or work herein authorized, or project.
if, in the opinion of the Department of Environmental Conservation 13. Anv material dredged in the prosecution of the work herein permitted
it shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse piles,ridges across
waters or flood flows or endanger the health, safety or welfare of the bed of a waterway or floodplain or deep holes that may have a
the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of
resources of the State,the owner may be ordered by the Department to a waterway.
remove or alter the structural work, obstructions, or hazards caused
14. There shall be no unreasonable interference with navigation by the work
thereby without expense to the State, and if, upon the expiration or
revocation of this permit, the structure, fill, excavation, or other herein authorized.
modification of the watercourse hereby authorized shall not be com- 15. If upon the expiration or revocation of this permit,the project hereby
pleted, the owners, shall, without expense to the State, and to such authorized has not been completed,the applicant shall,without expense
extent and in such time and manner as the Department of Environmental to the State, and to such extent and in such time and manner as the
Conservation may require,remove all or any portion of the uncompleted Department of Environmental Conservation may require,remove all or
structure or fill and restore to its former condition the navigable any portion of the uncompleted structure or fill and restore the site
and flood capacity of the watercourse.No claim shall be made against to its former condition. No claim shall be made against the State of
the State of New York on account of any such removal or alteration. New York on account of any such removal or alteration.
10. That the State of New York shall in no case be liable for any damage 16. If granted under 6 NYCRR Part 608, the NYS Department of Environ-
or injury to the structure or work herein authorized which may be caused mental Conservation hereby certifies that the subject project will not .
by or result from future operations undertaken by the State for the contravene effluent limitations or other limitations or standards under
conservation or improvement of navigation,or for other purposes,and Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977
no claim or right to compensation shall accrue from any such damage. (PL 95-217) provided that all of the conditions listed herein are met.
11. Granting of this permit does not relieve the applicant of the responsi- 17. All activities authorized by this permit must be in strict conformance
bility of obtaining any other permission, consent or approval from with the approved plans submitted by the applicant or his agent as part
the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State of the permit application.
Office of General Services or local government which may be required.
Such approved plans wee prepared by
12. All necessary precautions shall be taken to preclude contamination
of any wetland or waterway by suspended solids, sediments, fuels, (� ��� �� /1 �^ on +� f
solvents, lubricants,epoxy coatings,paints,concrete, leachate or any
SPECIAL CONDITIONS
Additional Approved Activities (if box checked
❑ Dredge to 4 -ft. below mean water no greater than 10 ft off
shore of the replacement lkhead with resultant cu.yds.
of dredged material to a used as back fill or trucked to an
appropriate upland s ' e. see special conditions 7 and 8)
11 Construct new bu ead return(s)
❑ Construct a boat slip x�ramp (dimensions: by )
El Install a boat lift/or davit
❑ Construct an attached parall I (capping) boardwalk up to 4 ft. in
width (dimensions: )
❑ Install up to four (4) mooring piles (see special conditions 9
and l0)
❑ Construct a boardwalk or footpath up to four feet in width to
access the bulkhead (s a special conditions 11 and 12)
Important:Refer to Special Conditions on the follo/vIng pages M ich apply
to any additional activities checked.
DEC PERMIT NUMBER
PROGRAM/FACILITY NUMBER
Page 3 of
f ,
93-10-bf(7/87)-25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
25 Tidal Wetland
For Article ( 1
1. All repairs to existing structures are confined to
replacement of existing structural elements with no
change in design, dimension or materials unless specif-
ically authorized herein.
2 . Any bulkhead constructed directly adjacent to vegetated
tidal wetlands must be jetted in with minimal distur-
bance to tidal wetlands. Trenching is strictly prohib-
ited.
3 . Construction of bulkhead and return walls must be
completed prior to placement of any fill materials
behind such structures.
4. All fill must consist of clean rock, gravel, sand and
soil. Use of asphalt, slag, fly ash, broken concrete
or demolition debris is prohibited.
5. All fill must be graded to match the elevation of the
land immediately adjacent to the bulkhead..
6. Any debris or excess material from construction of this
project must be immediately and completely removed from
the adjacent area and disposed of at an upland site.
Disposal of debris in tidal wetlands is prohibited.
Dredging
7. Dredged materi is must be placed 'rectly behind the
bulkhead or int the conveyance veh'cle. Side-casting
or temporary stor ge of dredge mate 'als is prohibited.
8. Dredged material no used as backfill ust be disposed
of at an upland site, and suitably reta 'ned to prevent
it from reentering any waterbody.
al
DEC PERMIT NUMBER
113 2?- 0 la,21 16C_)fi4)
FACILITY ID NUMBER PROGRAM NUMBER
Page � of .&"'
95-10-6f(7/87)-25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
For Article 25 ( Tidal Wetland 1
Mooring Hiles (if appro d, see pag 3)
9. No structures are to a constru ted on pilings without
further authorization of the De artment.
10. Pilings may not: (a) xtend beyo d property lines,
(b) be placed so that ocked boats extend over property
lines, (c) interfere A th navigate n, (d) interfere
with other landowners r parian righ s.
Access paths, boardwalks if approved, see page 3)
11. The ground area cleare for onstruction of a path or
board walk is limited o a m ximum width of six (6)
feet. The path or boa dwalk itself is limited to a
maximum width of four ( ) fe t.
12. Cover material used for ootp th is limited to natural
wood/bark chips, stone, rave or sand.
DEC PERMIT NUMBER /
FACILITY ID NUMBER PROGRAM NUMBER
Page `� 6f
4 ,
SUPPL]' NTARY SPECIAL CONDITIONS
The following conditions apply to all Tidal Wetlands; Freshwater
Wetlands; Coastal Erosion Management; and Wild, Scenic, and
Recreational Rivers Permits:
A. A copy of this permit, including all conditions and
approved plans, shall be available at the project site
whenever authorized work is in progress. The permit
sign enclosed with the permit shall be protected from
the weather and posted in a conspicuous location at the
work site until all authorized work has been completed.
B. The permittee shall require that any contractor,
project engineer, or other person responsible for the
overall supervision of this project reads, understands,
and complies with this permit and all its general,
special, and supplementary special conditions. Any
failure to comply precisely with all of the terms and
conditions of this permit, unless authorized in
writing, shall be treated as a violation of the
Environmental Conservation Law. If any of the permit
conditions are unclear, the permittee shall contact the
Division of Regulatory Affairs at the address on page
one or telephone (516) 444-0365 .
C. If project design modifications become necessary after
permit issuance, the permittee shall submit the
appropriate plan changes for approval by the Regional
Permit Administrator prior to undertaking any such
modifications. The permittee is advised that
substantial modification may require submission of a
new application for permit.
D. At least 48 hours prior to commencement of the project,
the permittee and contractor shall sign and return the
top portion of the enclosed notification form
certifying that they are fully aware of and understand
all terms and conditions of this permit. Within 30
days of completion of the permitted work, the bottom
portion of that form shall also be signed and returned,
along with photographs of the completed work and, if
required, a survey.
E. For projects involving activities to be undertaken in
phases over a period of more than one year, the
permittee shall notify the Regional Permit
Administrator in writing at least 48 hours prior to
recommencing work in subsequent years.
F. The granting of this permit does not relieve the permittee
of the responsibility of obtaining a grant, easement, or
other necessary approval from the Division of Land
Utilization, Office of General Services, Tower Building,
Empire State Plaza, Albany, NY 12242 (516) 474-2195, which
may be required for any encroachment upon State-owned lands
under-water.
DEC Permit No. (f ����UIU(c��/�o(��/--o Page of
n Y s T-W
• APPROVED AS I'T R N I S /l
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95-20-1 (8/87)-9d i
New York State
Department of Environmental Conservation
oboeNOTICE
The Department of Environmental Conservation (DEC) has issued
permit(s) pursuant to the Environmental Conservation Law
for work being conducted at this site. For further information
regarding the nature and extent of work approved and any
Departmental conditions on it, contact the Regional Permit
Administrator listed below. Please refer to the permit number
shown when contacting the DEC.
Regional Permit Administrator
�/�� ��ro�� � RCSERT A. GREENS
Permit Number t— Y
Expiration Date
NOTE: This notice is NOT a permit
t -
New York State Department of Environmental Conservation
Building 40—SUNY, Stony Brook, New York 11790-2356 ff11
E
Telephone: (516) 444-0365
Facsimile: (516) 444-0373
FFEB 131995
i9 3Npp � Lan don Marsh
GF ����a����� Commissioner
January 26, 1995
Peter Micciche
89 Howard Avr.
Smithtown, NY 11787
RE: 1-4738-01062/00001-0
Dear Permittee:
In conformance with the requirements of the State Uniform
Procedures Act (Article 70, ECL) and its implementing regulations
(6NYCRR, Part 621) we are enclosing your permit. Please read all
conditions carefully. If you are unable to comply with any
conditions, please contact us at the above address.
Also enclosed is a permit sign which is to be conspicuously
posted at the project site and protected from the weather.
Very truly yours,
Carol A. Amara
CAA:j r Environmental Analyst
enclosure
File
J
L? printed on recycled paper
o��g�FFO(�,co -
Albert J. Krupski,President �� oy Town Hall
John Holzapfel, Vice President c 53095 Main Road
William G. Albertson
x P.O. Box 1179
Martin H. Garrell y �� Southold,New York 11971
Peter Wenzel �4j �`a� Telephone (516) 765-1892
Fax (516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
S.E.Q.R.A.
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
APPLICATION NO. 1000-78-6-4.1 Chapt. 97 - Wetlands
NAME: PETER MICCICHE Chapt. 37 - Coastal Erosion
DATE: FEBRUARY 28, 1995
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review and 6NYCRR Part 617,
Section 617.10 and Chapter 44 of the Code of the Town of Southold,
notice is hereby given that the Southold Town Trustees, as Lead
Agency for the action described below, has determined. that the
project will not have a significant effect on the environment.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: Type: I
DESCRIPTION OF ACTION: Applicant requests permit to reconstruct
within 18" 147 ` of timber bulkhead and to backfill structure with
approx. 30 c.y. of clean sand which shall be trucked in from an
upland source. Northern section of reconstructed bulkhead shall tie
into 30 ' section reconstructed within 18" under prior approval.
Located Windy Point Road, at Bayview, Southold.
LOCATION: SCTM #1000-78-6-4.1
REASONS SUPPORTING THIS DETERMINATION:
1. An on site inspection has been conducted by the Board of
Trustees.
2. An environmental. assessment, submitted by the applicant and
reviewed and completed by the Board of Trustees, has indicated that
no significant adverse effects to the environment are likely to occur
should the following mitigation measures be implemented.
Cc. CAC
DEC
DOS
ACE