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{1� Board Of Southold Town Trustees
SOUTHOLD, NEW YORK �•-: -s,�:;:-...
Ie.
PERMIT NO. ....4.3.64................. DATE: .August...2........ 994 <.
ISSUEDTO�� �.• �.a .........Alice...Mig.ner..ey.....................................................................................
Pursuant to the provisions of Chapter 615 of the Laws of
> I the State of New York, 1893; and Chapter 404 of the Laws of the �u
y. State of New York 1952; and the Southold Town Ordinance en-
' r! titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the �c X
`j 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 .....July..•28...-
19........9.4 and in consideration of the sum of $...150.00 ":
. .................. paid by
,a
' J.M.O. Consulting ;on. behalf..of...Alice...Mi.gxiexey..
g ........................
.. ,:
Of Y. and subject to the
Terms and Conditions listed on the reverse side hereof, ►- �'�'
\ 1. .. _ a of Southold Town Trustees authorizes and permits the following:
to reconstruct within 18" approx. 80' of timber bulkhead and to i�'.
�
j back fill structure with approx. 20 c.y. of clean sand which sha
be trucked in from an upland source. Upon•-completion"of projec.�
any disturbed areas located landward of bulkhead shall be re-
all in accordance with the detailed specifications as presented in '
the originating application. planted with{ Rosa Rugosa 18" on cent S rr
IN WITNESS WHEREOF, The said Board of Trustees here- f
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.
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Truste .. . .. ... ..r�'•q' '��
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A ►,r sz A E ,�►,. , A ,, ►.. A ,y,: A .r% ► �« A ,_, • A / gApo. A
Albert J. Krupski,President �SVFFO(�ea Town Hall
John Holzapfel, Vice President �� y:�e 53095 Main Road
William G. Albertson y = P.O. Box 1179
Martin H. Garrell 5 Southold, New York 11971
Peter Wenzel �lJ�! �a4 Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
August 2', 1994
J.M.O. Consulting
P.O. Box 447
Quogue, NY 11959
Re: Alice Mignerey
SCTM #1000-81-3-21
Dear Mr. Just:
The following action was taken by the Board of Town Trustees during
its regular meeting held on July 28, 1994 regarding the above matter:
WHEREAS, J.M.O. Consulting on behalf of ALICE MIGNEREY applied to
the Southold Town Trustees for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated April 8,
1994 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 July 28, 1994 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 the Board of Trustees approves the application of
J.M.O. Consultants on behalf of ALICE MIGNEREY to reconstruct
within 18" approx. 80' of timber bulkhead and to back fill
structure with approx. 20 c.y. of clean sand which shall be trucked
in from an upland source: 'Upon completion of project any disturbed
areas located landward of bulkhead shall be replanted with Rosa
Rugosa 18" on center. Located 1480 Paradise Point Road, Southold.
Permit will expire two years from the date it is signed. Two
inspections are required and the Trustees are to be notified upon
completion of said project.
Very truly yours, .
�• - 2-
Albert J. Krupski, . Jr.
President, Board of Trustee
AJK:jd
Cc: CAC
No. 1142
Moved by Allan Connell, seconded by Jack Hagerty, it was
RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL
WITH RECOMMENDATIONS 'of the Wetland Application of ALICE MIGNEREY
81-3-21 to reconstruct within 18", approximately 80' of timber bulkhead and to
backfill structure with approximately 20 c.y. of clean sand which shall be
trucked in from an upland source. Upon completion of project any disturbed
areas located landward of bulkhead shall be replanted with Rosa rugosa 18" on
center.
The CAC recommends approval provided the application plant beach grass
in front of the bulkhead. The CAC suggests the applicant consider repairing
the bulkhead. There is no apparent need for a new bulkhead, the existing
bulkhead appears to be in good shape.
1480 Paradise Point'Road, Southold
Vote of Council: Ayes: All
Motion carried.
No. 1143
Moved by Bruce Loucka, seconded by Jack Hagerty, it was
RESOLVED to recommend to the Southold Town Board of Trustees
DISAPPROVAL of the Wetland Application of ROBERT GARBEN 70-4-5 to
install a floating dock from bulkhead out 60' toward channel in Jockey Creek
(3' wide x 60' long).
The CAC recommends disapproval of the plan as submitted because, at low
tide, the 60' floating dock would set on the bottom. The Council suggests the
applicant install a 3' wide catwalk beginning at the top lip of the bulkhead
leading to a floating dock(20' x 61). The new configuration should not exceed
the original 60' intrusion into the creek.
3575 Wells Avenue, Southold
Vote of Council: Ayes: All
Motion carried.
No. 1144
Moved by Robert Keith, seconded by Stephen Angell, it was
RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL
WITH CONDITIONS of the Wetland Application of DAVID GORDON 123-3-10
for additions and alterations to an existing house. New second story addition
over full house. New one story extension on north west elevation, and at
north corner at existing porch, a new wood deck on northwest side, new two
story extension over existing "root cellar".
The Council recommends approval provided the applicant install a berm to
contain runoff on the, property. Also, keep all new septic installations at
least 150' from the wetland line.
825 Bungalow Lane, Mattituck
Vote of Council: Ayes: All
Motion carried.
i
No. 1145
Moved by Robert Keith, seconded by Jack Hagerty, it was
RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL
WITH SUGGESTIONS of the Wetland Application of VINCENT GERAGHTY
Page 6
1
• _.. �5�
f ' r ri�J � SUPERVISOR
TRUSTEES
John M. Bredemeyer, III, President a SCOTT L.HARRIS
Albert J. Krupsh Jr.,Vice President H Town Hall
F:.Y Y
Henry P. Smith s- ��
O 53095 Main Road
John B. Tuthill
, P.O. Box 1179
William.G. Albertson � �^e Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823 BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Office Use Only: DATE REC. :
oastal Erosion Permit Application �( .
oastal Erosion Variance Application =APR8
Wetland Permit Applicationaiver from Chapter 97 (Application/pe
Trustee Lands Permit Application
grandfather Permit Application LIE)IN `� OF S0ULH LD
���C/ompleted Apps. Date:r �y
inspection date: `(-a
t,`AC comments-Date: Sent Rec.
Variance Required: (YIN)
Neighbors notified-Date:
� SEQRA Type ' -
Coord. : Date sent 4S_fib.. 9y
pEQRA Determin. /date:&holeit( g1994
ipublic Hearing/date:
f Findings: Approved (YIN) f
Special Conditions: (YIN) I
( see file) • �� Application
Fee
Permits) issued-date:
Application Number;SCTM#1000-
81-3-21 * Date: 2/28/94
Applicant: J.M. O . Consulting for Alice Mignerey
Address: P . O. Box 447
Quogue-, NY .11959-0447 Phone ( ) 516-653-0607
Interest: (owner, consultant,lessee,etc. ) Consultant
Owner of Property: Alice Mignerey
Address )t(Ro Paradise Point Road
Southold, NY . 11971. phone ( ) c/o 516-477-1476
Subject Property Location: jcfao Paradise Point Road, Southold,
Location map enclosed
(Provide LILCO Pole #, Distance to cross Streets if not on
location map)
THIS IS NOT A PERMIT Page 1
14.16.4(2/87)—Text 12
PROJECT r.D. NUMBER _ 6"17.21 . �I SEGIRI
Appendix C
— Stalin Environmhntal QuAlity:Review '
SHORT ENVIRONMENTAL AtstSSMENT FORM
For UNLISTEI:1 ACTIONS Only';
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)' .
1. APPLICANT/SFQ;%1,O11— 2. PROJECT,NAME
Alice Hipner_ey —� Proposed bulkhead reconstruction
3. PROJECT LOCATION: — —
Municipality Southold. _ _ County Su.Cf,olk
4. PRECISE LOCATION (Street address and road in0rsections, prominent landmarks,etc.,or provide map)
14ZOParad.ise Point Road, Southold
S .C .T .M. No . 1000-81-3-21.
Location map enclosed
5. IS PROPOSED ACTION: --- ----�--"-----_ -••— -- .�--_•
UNew ❑Expansion ❑Mlodifir-,ationlall=ratlon
6. DESCRIBE PROJECT BRIEFLY:
"Please see ? I: tached"
7. AMOUNT OF L )ND AFFECTED: —
Initially acres Ultimately_ acres
8. W�IILL}}L PROPOSED ACTION COMPLY WITH EXISTING 7_r:INI14G OR OTHER EXISTING LAND USE FIC-$1RIr;TIONS?
,OYes ❑No If 11n,describe briefly
9. WHAT IS PRESENT LAND IJHE IN VICINITY OF PI'10JEr;T1
ELI.sldentiai U Indr.u^trial ❑Comrnerrial ❑Agriculture ❑PnrklForest10l:1en space ❑Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVA[., OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STATE 1O�R LOCAL)?
T Yes ❑rio If yes, list agency(n) and pormitlapprovals
I
Southold Town Trustees , N.Y. S .D . O . S . & U..S . 1) . O :A-
11. DOES ANY ASPECT OF THE ACTION HAVE >t c,UFIRENTLY VALID PERMIT OR APPROVAL?
❑Yes rY 1No If yes, list agency nar're and cerrnit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION?
❑Yes No I
I CERTIFY THAT HFi F MATION ROVI D A VE IS TRUE TO THE BEST OFIM`�KNOWLEDGE ' `!•`
R 1 'nt
Gl E Ju, t �. gel
Ct . I
Applicant/sponsor name: _ Date: '
Signature: _ 'j•' !`
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 •
r
. approx. 20 , c.y. o
7'ds. to be excavated: 0/ yds:.�to be filled.: clear sand 'for backf ill
Manner in which material will be removed�,o 1.r deposited:
trucked in from an -upland land site
clear sand (20c .y. ) shall be
500 '
Width of canal, creek or bay fronting property:-7 2 '
Depth at low tide: Aver. rise in tide:
Distance to nearest channel: .
N/A Distance project
extends beyond similar projects, in area:
0
Area zoning: _ R •
Land area in acres: ` acre
is project for private or business use.: Private
Existing single famil dwelling
Intended use of property: g
Describe known prior operations conducted on premises:
Please note enclosed survey for past development at project site
Has any prior license or 'permit been issued to erect structure?,
dredge, or deposit fill on. said premises:
unknown -
Has any license or permit ever been revoked or suspended by a
not to my knowledge
Governmental Agency:
Project Descri tp ion ,
The project description must also i include
lufetplans for
rplecl nation
of land disturbed during construction pipeline
.accessory structures and underground structures ( i.e. ,
and septic system; make additional. attachments if .necessary) .
'Y-Please see attached"
THIS IS NOT A PERMIT -Page 2 -
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APT�JZOVIFD AS PER TERMS
-- r— AND CONDITIONS OF
PERMIT jo. LI- fUj
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SCAL-E
UL {�
3. J 3-G-11 J O�d
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Proposed Bulkhead
recons trtic Lion
within 18"
20 c . y. of clean sand
from an upland source
for bar_kfi ll
Grade
G2 10 A H W
�4
N r-i
Vert . &
r�4,
�-o-1 �UYo
12 ' x3/4" Ca as
IIoriz .
Deadmen Galv.
ero(Is c CO
SW �o
I
n7 - NYSIDEC
6 ! `n { APPROVED AS PER TERMS
N :e AND CONDITIONS OF
PEPLMIT NO
a1 DAT'Eto �? •h &
cu C7
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k
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Filt.erl:t� a .
Cloth �+
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�9 a a C
\ PARADISE POINT ROAD
O m
Applicant proposes to reconstruct >
iC
within 18", approximately ''of (n
timber bulkhead and to backfill '
structure with approximately 20 c.y. Z
of clean sand which shall be trucked in
from an upland source. At 1480
Paradise Point Road, Southold, Town
of Southold„ County of Suffolk, N.Y. '
Applicant: Alice Mignerey
Purpose: Reconstruction of a pre-existing
erosion control and storm
protection structure
Datum: Mean Low [dater
Locus: 7-20 24 '/ 4V 03'
klaterbody: Peconic Bay
O .
Q
•mr
1V YRm ? C O
AND CONDITIONS 'OF � f
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SAT d.;:. .��
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9 �v a =� '
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CREST OF
r- BLU FF
EX.RLKD\ 2 z�
SEE 3 OF 3 ���d.��
6 ' AL_'! ----
-\PROP BLKD
EX... .: I
STAIRS
REECO, N
AHW '
SHEET I OF 3 PECONIC 8AY SI1�4f
J ,0 CONSULTING QUO.GUE , NY 5 -060-77
Albert J. Krupski,President �p� OG Town Hall
John Holzapfel, Vice President y` 53095 Main Road
William G. Albertson y z P.O. Box 1179
Martin H. Garrell O Southold,New York 11971
Peter Wenzel y�1p1 �.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. 1000-81-3-21 Chapt. 97 - Wetlands
NAME: Alice Mignerey Chapt. 37 - Coastal Erosion
DATE: July 7, 1994
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: to reconstruct within 18" approx. 80' of
timber bulkhead and to backfill structure with approx. 20 c.y. of
clean sand which shall be trucked in from an upland source and .
disturbed areas be replanted with rasa rugasa 18" on centers.
Located 1480 Paradise Point Road, Southold.
LOCATION:SCTM ##1000-81-3-21
REASONS SUPPORTING THIS DETERMINATION:
1. An on site inspection has been conducted by the Board of
Trustees.
2. An environmental. assessment, submitted by the appligant 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 project be implemented as planned.
RE,- (ED
PUBLIC NOTICE
JUN231994..
M � 0d
Southold Town Clerk 2 �99
US Army Corps in tteplying refer to
of Engineers Public Notice Number: C
New York District Issue Date: /e 093
Jacob K.Javits Federal Building Expiration Date. N/A
New York, N.Y. 10278-0090 TV/
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
FIX--issued modified permit.
FIP--issued individual permit
FNW--confirmed applicability of nationwide general permit (s),
For information regarding projects authorized in Westchester
and Rockland Counties, New York City and Long Island, please
contact the Eastern ' Permits .Section at (212) 264-6731. For
projects authorized in New Jersey and upstate New York, please
contact the Western Permits Section at (212) 264-0185.
FOR THE DISTRICT ENGINEER: - /
WV�
J ph J. Seebode
(1 ef, .Regulatory Branch
02 Jun 1994 NEW YORK DISTRICT, CORPS OF ENGINEERS Page: 2
Final Actions
Between 05/01/1994 and 05/31/1994
APPL-NO TYPE DATE APPLICANT WORK DESCRIPTION CITY/TOWN COUNTY ST
=--
199403710 FNW 02 May 1994 2uyderoff, Robert BULKHEAD Babylon Suffolk NY
FILL
199403740 FNW 05 May 1994 Cryder House, Inc. RETAINING WALL Whitestone Queens NY
BREAKWATER
199403770 FNW 03 May 1994 Galbraith, Rita & William REVETMENT Brookhaven Suffolk NY
199403780 FNW 02 May 1994 Port Authority of NY & NJ DECK Brooklyn Kings NY
PILINGS)
199403790 FNW 05 May 1994 Shapiro, Harvey RETAINING WALL Orangetown Rockland NY
199403800 FNW 06 May 1994 Westchester County DPW SUBMARINE CABLE New Rochelle Westchester NY
199403810 FNW 06 May 1994 Rostron, John BULKHEAD Islip Suffolk NY
FILL
199403820 FNW 06 May 1994 Michaelec, Walter BULKHEAD Babylon Suffolk NY
DREDGE WITH UPLAND DISPOSAL
19940300 FNW 06 May 1994 Mignerey, Alice BULKHEAD Southold Suffolk NY
FILL
199403870 FNW 06 May 1994 Crows Nest Marina BULKHEAD Hempstead Nassau NY
FILL
199403920 FNW 03 May 1994 Precision Marine BULKHEAD Hempstead Nassau NY
DREDGE WITH UPLAND DISPOSAL
199403940 FNW 03 May 1994 Marino, Vincent BULKHEAD Babylon Suffolk NY
DREDGE WITH UPLAND DISPOSAL
199403960 FNW 03 May 1994 Hartinger, Bill BULKHEAD Babylon Suffolk NY
DREDGE WITH UPLAND DISPOSAL
199403970 FNW 03 May 1994 Borneman, Alfred BULKHEAD Southampton Suffolk NY
FILL '
199404190 FNW 12 May 1994 Cemaletin, Nevber REVETMENT North Hempstead Nassau NY
FILL
199404200 FNW 12 May 1994 NYC Department of General Services BULKHEAD Staten Island Richmond NY
199404290 FNW 16 May 1994 Pereira, Cesar Louis BULKHEAD Islip Suffolk NY
FILL
199404300 FNW 16 May 1994 Algonquin Gas Transmission Company PIPELINE - Cortlandt Westchester NY
199404330 FNW 17 May 1994 tucker, Donald & Barbara PIER ASSEMBLY Oyster Bay Nassau NY
199404410 FNW 19 May 1994 K & K Outboard, Inc. PIER ASSEMBLY Hempstead Nassau NY
199404460 FNW 20 May 1994 Jordan's Lobster Dock PILING(S) Brooklyn Kings NY
199404490 FNW 23 May 1994 Algonquin Gas Transmission Company PIPELINE Ramapo Rockland NY
199404600 FNW 26 May 1994 Skripkus, Ernest RETAINING WALL Southampton Suffolk NY
FILL
199404610 FNW 26 May 1994 Rindermmman, Helen BULKHEAD Brookhaven Suffolk NY
FILL
199404630 FNW 26 May 1994 Suffolk County DPW MISCELLANEOUS Brookhaven Suffolk NY
199404660 FNW 26 May 1994 Sweet, Bruce & Donna BULKHEAD Babylon Suffolk NY
DREDGE WITH UPLAND DISPOSAL
199404670 FNW 26 May 1994 Suffolk County DPW MISCELLANEOUS Brookhaven Suffolk NY
199404690 FNW 26 May 1994 NY State Dept. of Transportation BRIDGE PROTECTION Staten Island Richmond NY
199404700 FNW 26 May 1994 Fortes, Cesar BULKHEAD Oyster Bay Nassau NY
FILL
199404710 FNW 26 May 1994 Cox, Sr., Mrs. Howard BULKHEAD Southampton Suffolk NY
FILL
STATE OF NEW YORK L 1994
DEPARTMENT OF STATE
ALBANY, N.Y. 12231-0001 11 '�d,,,��"�Lp�'
GAIL S.SHAFFER "�
SECRETARY OF STATE
Mr. Albert J. Krupski, Jr., Trustee June 13, 1994
Board of Town Trustees
Town Hall
P.O. Box 1179
Southold, New York 11971
Re: Lead Agency Coordination Request for Proposal by Alice Mignerey, 1480 Paradise
Road, Town of Southold.
Dear Mr. Krupski:
With regards to the above mentioned Lead Agency Coordination Request, please note that
the New York State Coastal Management Program does not object to Southold Town
Trustees assuming Lead Agency. However, the Department of State has yet to receive a
Federal Consistency Assessment Form(FCAF)and supporting information for this proposed
project. Therefore, please instruct the applicant to submit all required information to Ms.
Diana Boos at the Department of State. Upon receipt, we will determined if the submitted
information is adequate to begin review of the proposed project for consistency with New
York State's Coastal Management Program.
If you have any questions, do not hesitate to call me at (518) 474-6000.
Sincerely,;
Walter F. Meyer
Coastal Resources Specialist
c. U.S. ACOE/NY - Sophie Ettinger
file
��printed on recycled paper
`
='
J .M.O. Consulting
P.O. Box 447
Quoguek N.Y. 11959-0447
516-653-0607
0 11!!0WV INV:0!:FS I
OIJTHMOL!I)
June 15, 1994
Board of Town Trustees
Town of Southold
Town Hall , 53095 Main Road
P.O. Box 1179
Southold , N.Y. 11971-1179
Attn : Ms. Jill Thorp
RE: Application for Alice Mignerey
1480 Paradise Point Road , Southold
S.C.T.M.No. 1000-081-3-21
Dear Ms. Thorp.-
For the Board ' s review and files, I have enclosed a copy
of the permit for this project which was recently issued by
the N.Y.S.D.E.C. As always, please feel free to contact this
office at any time should you have any comments or questions
pertaining to this matter.
Sincerely!,
Glenn E. ust
GEJ :ar
encl .
New, Vodc State Department ol EnvkonmenW Conservation ��e QOolin + 40—Si. NY, Stony Brook, New York 11790-2356
Telephone (516) 4.44-0365
Facsimile (516) 4.44-0373 ;;4. �
Thomas C. 3orling
Commissioner
June 7, 1994
Ms. slice Mignerey
1480 Paradise Point Road
Southold, NY 11971
RE: 1-4738-00943/00001-0
Dear Permitteeo
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,
Darleen M. Gerbino
Environmental Analyst
DMG:cg
enclosure
n printed on recycled paper
NEW Y( TATE DEPARTMENT OF ENVIRONMENTAL CONSERVA'
DEC PERMIT NUMBER � EFFECTIVE DATE
1-4738-00943/00001-0 � - 6-07-94
FACILITY/PROGRAM NUMBER(S) ��� EXPIRATION DATE(S)
PE
U-ef r the Environmental 6-30-96
Conservation Lam
TYPE OF PERMIT 8 New ❑ Renewal ❑ Modification ❑ Permit to Construct ❑ Permit to Operate
I
0 Article 15, Title 5: Protection p 6NYCRR 608: Water Quality ❑ Article 27, Title .7; 6NYCRR 360:
of Waters Certification Solid Waste Management
❑ Article 15, Title 15: Water ❑ Article 17, Titles 7, 8: SPDES ❑ Article 27, Title 9; 6NYCRR 37TS:
Supply Hazardous Waste Management
❑ Article 19: Air Pollution
❑ Article 15, Title 15: Water Control ❑ Article 34: Coastal Erosion
Transport Management
❑ Article 23, Title 27: Mined Land
❑ Article 15, Title 15: Long Reclamation ❑ Article 36: Floodplain
Island Wells Management
❑ 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
Alice Mignerey
ADDRESS OF PERMITTEE
1480 Paradise Point Road
Southold, NY 11971
CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER
JMO Consulting
P.O. Box 447, Quogue, NY 11959-0447 (516) 653-0607
NAME AND ADDRESS OF PROJECT/FACILITY
Mignerey Property °
1480 Paradise Point Road
LOCATION OF PROJECT/FACILITY
Southold
COUNTY TOWN WATERCOURSE NYTM COORDINATES
SSu�ffollkkp ppip a: F Southgo�.,ldd Peconic Bay
p-g�,yg s•yd �
L
uct within 18 of existing bulkhead 76 linear feet of bulkhead and place 20 cubic yards of backfill. Reconstruct
d access stairs. All work shall be in accordance with the attached NYSDEC approved plan.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of
this permit.
DEPUTY REGIONAL PERMIT ADMINISTRA- ADDRESS
TOR:
Bldg. 40, SUNY, Room 219, Stony Brook, NY 11790-856
George W. Harrmarth
AUTHORIZED SIGNATURE DATE
C ITIG\S
inspections
1 .• The permitted site or facility, including relevant records, is subject to in-
inspection at reasonable hours and intervals by an authorized representative of
the Department of Envirorrnental Conservation (the Department) to determine
Mether the permittee is ccn-plying with this permit and the Ea. Such represen-
tative rray order the Aork suspended pursuant to ECL 71-0301 and SAPA 401 (3) ..
copy of this permit, including all referenced craps, drawings and special
conditions, crust be available for inspection by the Departrnt at all tin-es at
the project site. Failure to produce a copy of the permit upon request by a
Department representative is a violation of this permit.
Pe rmi t Changes and Rernm i s
2. The Department reserves the right to rrodify, 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 Ems... and pertinent regula-
tions is found;
b) the permit vas obtained by misrepresentation or failure to disclose
relevant facts;
c) new material information is discovered; or
d) enviromrental conditions, relevant technology, or applicable law or
regulation have materially changed since the permit vzs issued.
3. the permittee rrvst sub-nit a separate vvr i tten application to the Department for
reneAel , modification or transfer of this permit . Such application rrust include
any forms, fees or supplenental informations the Departmmnt requires. Any
reneAeI , modification or transfer granted by the Department must be in writing.
4. The permittee crust submit a reneAaI application at Ieast:
a) 180 days before expiration of permits for State Pollutant Discharge
Elimination System (SIBS) , lbza rdous Wiste NbnageTent Facilities
(F' WF) , major Air Pollution Control (.PC) and Sol ld 1Abste l anagernent
Facilities (SNW) ; and
b) 30 days before expiration of all other permit types.
5. b less expressly provided for by the Departri—ant, issuance of this permit does
not modify, supersede or rescind any order or determination previously issued by
the Department or any of the tears, conditions or requirsmnts contained in such
order or determination.
Other Legai Cbl igations of rrn~ittes
0. The permittee has accepted expressly, by the execution of the application, the
full legal responsibility for all doges, direct or indirect, of vhatever
nature and by vvho-mver suffered, arising out of the project described in this
permit and has agreed to indernify and save harmless the State frcfn suits,
actions, damages and costs of every nare and description resulting fru—n 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 lrypairrrent of any rights, title, or
interest in real or personal property held or vested in a persona not a party to
the permit.
8. The permittee is responsible for obtaining any other permits, approvals, . lands,
ease-mnts and rights-of-NAey that rmy be required for this project.
Page 2 of 5
),206a(7/92)-25c Tidal Wetland
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. Any material dredged in the prosecution of the work herein permitted
it shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse piles,ridges across
waters or flood flows or endanger the health, safety or welfare of the bed of a waterway or 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 iz 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. JMO Consulting
12. All necessary precautions shall be taken to preclude contamination Such approved plans were prepared by
of any wetland or waterway by suspended solids, sediments, fuels, and stamped NYSDEC approved on 6/7/94
solvents, lubricants,epoxy coatings,paints,concrete, leachate or any
SPACIAL CONDITIONS
1. All necessary precautions shall be taken to prevent
contamination of the tidal wetlands and/or waters of. New '
York by silt, sediment, fuels, solvent, lubricants, epoxy
coatings, cohcrete leachate and any other pollutant
associated with project. work.
2 . Any debris or excess material from construction of this
project shall be completely removed from the adjacent area
(upland) and removed to an approved upland area for
disposal. No debris is permitted in tidal wetlands.
3 . The storage of construction equipment and materials shall be
confined to within the project work site and landward of the
bulkhead.
4® All fill shall consist of "clear." gravel and soil (not
asphalt, slag, flyash, broken concrete or demolition
debris) .
5. All peripheral rip rap berms, cofferdams, rock revetment,
gabions, bulkhead etc. shall be completed prior to placement
of any fill material behind such structures.
6. Bulkhead shall be constructed within 1811 of existing
structure measured from face of old sheathing to face of new
sheathing (1881 maximum) •
M..0 PERMIT NUMBER
1-4738-009 3 00 1-
PROGRAMIFACII.ITY NUMBER
Page 3 0f 5
95-10-6f(,-l87)-25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL COt` DETIONS
25 Tidal Wetland
For Article ( )
7. Equipment operation below -mean high water is strictly
prohibited.
8 . Replace any beach grass that is disturbed.
Supplementary Special Conditions (A) through (F) attached
DEC PERMIT NUMBER
1-4738-00943/00001-0
FACILITY ID NUMBER PROGRAM NUMBER
Page 4 of 5
SUP PLEMENT.AMY SPECIAL CON`7i ITICNS
The,.Following Conditions Apply To All TIDAL WETLANDS;
FRESHWATER WETLANDS; COASTAL EROSION Y-kNAGEMENT; 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 permitted 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 4-8 -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 hermit 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
underwater.
DEC PERMIT NO. 1-4738-00943/00001-0 Page 5 Of 5
e
F
i
. a
_..I_.._.h':� ..._'.Rv�i'�:1.•:.4 �.x�:.it_r.:.3X".tiR-: f::J�l.w:..�.�..[1.::...Tidf"Y:_S..i'.:-:._.mod_".»+'.1�':_ ___.!i._`:.�'•.f..:�l*';'..:IJ- __.:..>.
95-20.1 (8187)- 9d
w Yc)rat
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yam` E_ r>�`tl•6 ._^t �•`' �.�°
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NI `�•h"'.1 VIiYonmrkF:.rir to �o (DU.1�. he,- is%""- !.• f d
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7 o[ work o 1 k b�!4 �g �F�-s�'Y c.5 C..1 i.�C.�•..f d Q1��0. `� n��i DL
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•-Y �^ Ard PICf � i! °.e 1i .e.uic; �.-�.! SL•�' 49,>�y�,�I! p[- ` v0..it J�\ api t ��j�J R1C i. r r` ..
• . U ` 1• � 1.6 f�(.4C 5'iS,a� ��� � •r� i C �dYC• .if� "` AAA Ir.�6. {6.; •i +K
Ci?� " :J,' rat
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h �s 1
,•0i�,
_ Pco m �6 ,uni�1f-".� FtC1i Eii; A. CCLt E=i`r . .
a i.i o i Lf aNOTE:E •-i � is notice is NOT a pen-nit
Albert J. Krupski,President �p�► OG U Town Hall
John Holzapfel, Vice President y 095 Main Road
o JUN 2 �994 .0. Box 1179
William G. Albertson
Martin H. Carrell
ou ld, New York 11971
Peter Wenczel ��fpl �.aO�, O9N OF SQ��Tp�hone (516) 765-1892
'- -Fax (516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
LEAD AGENCY COORDINATION REQUEST
TO: L-�norn DATE:
Enclosed is a permit application and a completed part I of /the
Environmental Assessment Form.
Southold Town Trustees are interested in your ageny' s comments
in acting as SEQRA Lead Agency for:
NAME:
LOCATION: i L4 qv `t)� ,; e
TAX MAP: PERMIT #
DE S CRPTN: Ste—
PERMIT REQUIRED: (I—)TOWN WETLAND ( ) OTHER
SEQRA CLASSIFICATION: (&/-Y Type I ( ) Type II
( ) UNLISTED ( ) CEA
Please contact ,Albert J. Krupski, .Jr. , _Trustee within 30
days and be advised that the Southold Town Trustees (WANT) / (DO
NOT WANT) to assume -lead agency. /
SENT TO: DOS (V-51- DEC ( 'DOH ( ) PB ( ) ZBA ( ) BLD ( ) ACE (v
CAC' (I
Please complete, detach and return this form to expedite
Drocessine.
Involved Agency:
Project Name:
Location:
SCTM:
We at P yS b 6C (Have)(No objection to Southold Town
GENCY _
Trustees assuming Lead Agency.
Comments/Reasons: .
Signature of Autho zed Representative
NYMEC Reguhfits,yyw:�6.,;�V, !
� I -
IAlbert J. Krupski,President O`� `'p
John Holzapfel, Vice President Town Hall
I 53095 Main Road
/ William G. Albertson y a P.O. Box 1179
Martin H. Garrell O Southold,.New York 11971
Peter Wenczel y?��l �a0� Telephone (516) 765-1892
IFax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
LEAD AGENCY COORDINATION REQUEST
TO: i .)nom c�- � Lip�cec(1 DATE:
Enclosed is a permit application and a completed part I of the
Environmental Assessment Form.
CSouthold Town Trustees are interested in .your ageny' s comments
in acting as SEQRA Lead Agency for:
NAME:
LOCATION: i
TAX MAP: -3 ► PERMIT #(
DESCRPTN: Ste-
PERMIT REQUIRED: (L,YTOWN WETLAND ( ) OTHER
SEQRA CLASSIFICATION: (I,,-rType I ( ) Type II
( ) UNLISTED ( ) CEA
Please contact ,Albert J. Krupski, .Jr. , _Trustee within 30
days and be advised that the Southold Town Trustees (WANT) /(DO
NOT WANT) to assn� DEC (
ency.
SENT' TO: DOS (� OH ( ) PB ( ) ZBA ( ) BLD ( ) ACE 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,
. .
J .M.O. Consulting
P.O. Box 447
Quogue, N.Y. 11959
May 319 1994
-
Board of Town TrusteesIN
Town of Southold
Town Hall , 53095 Main Road
P.O. Box 1179
Southold , N.Y. 11971-1179 -~
Attn : Ms. Jill Thorp, Head Clerk
RE: Application for Alice Mignerey
1480 Paradise Point Road , Southold
S.C.T.M. No. 1000-81-3-21 `
Dear Ms. Thorp:
As per your request, I have enclosed the copies of our
plans (sheets 1-3) for this project which you had requested .
Kindly note since our original submission , I have prepared
sheet 3 of 39 which should clarify sheet 1 of 1 . As Trustee
Wenczel had noted , the existing bulkhead as measured form the
northerly property line (Gilbert) runs 68' in a southerly
direction and then cuts back to the west 6' and then back to
the south for 2' to the southerly property line (Myer &
Smith) ; for a total length of 76' .
Should you or any member of the Board of Trustees have
further comments fo questions pertaining to theis project,
please feel free to contact our office at any such time you
find convenient.
Sincerely,
�
Lin n E. Just
Encl ; ar
�
s
. . 9 1994
J . M.O. Consulting
P.O. Box 447
Mr. ALber t Krupsk i , President
Board of Town Trustees
Town of Southold
Town Hall , 53095 Main Road
P.O. Box x 1179
Southold I',Y 11971-1 79
Res Application for Alice Mignerey ,
Paradise Pond Road ., Southold
Dear Mr. Krupsk:i
I am enclosing for your review and files a copy of the
permit recently issued for this project by the Corps of
Engineers.
Sincerely,,
('� 'y' Glenn E. Just
GEl.! 9 d i_
Enc .
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ACOB K. JAV TS FEDERAL BUILDINGE S �A(Nl��
NEW YORK, N.Y. 10278-0090
REPLY TO � 9 1991,
A TT[NTIOP4 OF May 6, 1994
Eastern Permits Section
SUBJECT: Application No. 94-03830-L2 by Alice Mignerey
M.T. Alice Mignerey
c/o JMO Consulting
P.O. Box 447
Quogue, New York 11959-0447
Dear Ms. Mignerey:
On May 2, 1994, the New York District, U.S. Army Corps of
Engineers, received a request for Department of the Army
authorization to replace 80 linear feet of timber bulkhead within
18 inches of an existing bulkhead with approximately 20 cubic
yards of clean sand as backfill in Little Pecon_ic Bay located in
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 existing Department of the
Army nationwide general permits. The nationwide permits are
prescribed in Title 33 of the Code of Federal Regulations (33 CFR
330, Appendix A, Part B, Nos. 3 & 18) . 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
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,
'VV✓
Ja es W. Haggerty
Ch ef, Eastern Permits Section
Enclosures
2
t r
14 eublic Note,
US Army Caps
of Engineers
New York District
26 Federal Plaza Published;April 17, 1992
New York, N.Y. 10278
ATTN: Regulatory Branch
CORPS OF ENGINEERS REGULATORY PROGRAM
REAUTHORIZATION OF THE NATIONWIDE PERMIT REGULATIONS
FOR THE STATE OF NEW YORR
The following information describes the U.S. Army Corps of
Engineers Nationwide General Permit Program for the State of New
York. The Corps of Engineers has been regulating activities in the
nation's waters since 1890. Until the 1960's the primary purpose
of the regulatory program was to protect navigation. Since then,
as a result of laws and court decisions, the program has been
broadened so that it now considers the full public interest for
both the protection and utilization of water resources. '
The regulatory authorities of the Corps of Engineers described
in this public notice are based on the following statutes: ,
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.
403) prohibits the obstruction or alteration of navigable waters of
the United States without a permit from the Corps of Engineers.
Section 404 of the Clean Water Act (33 U.S.C. 1344) prohibits
the discharge of dredged or fill material into waters of the United
States without a permit from the Corps of Engineers.
Waterbodies, including wetlands, intermittent streams and
natural drainage courses, and lakes and ponds are waters of the
United States. Currently, the New York State Department of
Environmental Conservation ' (NYSDEC) regulates and maps state
freshwater wetlands that are 12.4 acres or more and in certain
cases, smaller wetlands that are ecologically unique. A NYSDEC
determination classifying an area as a non-state regulated wetland
does not free a property owner from his or her obligation under the
Clean Water Act. The Corps regulates the discharge of fill
material into wetlands and other waters, regardless of size.
An integral part of the Corps ' regulatory program is the
concept of general permits for minor activities. Nationwide
permits are a type of general permit designed to regulate with
little, if any, delay or paperwork, certain activities having
minimal environmental impacts. The Nationwide permits found at 33
CFR Part 330, Appendix A, are issued by the Chief of Engineers and
are intended to apply throughout the entire United States and its
territories.
•
w
On November 22, 1991, the Corps of Engineers published in the
Federal Register the final rules for the Nationwide Permit Program.
These rules became effective on January 21, 1992, 60 days from the
date of publication in the register.
The amendments include:
1) reissuing the existing Nationwide permits, some with
modifications,
2) issuing 10 new Nationwide permits, and
3) converting the Best Management Practices to Permit
Conditions.
An activity is authorized under a Nationwide permit only if
that activity and the permittee satisfy all of the Nationwide
permit's ter ms and conditions. Unless a Nationwide permit contains
a condition requiring the applicant to notify the Corps prior to
undertaking . the proposed activity, a written authorization is not
necessary. Activities that do not qualify for authorization under
a Nationwide permit may still be authorized by an Individual or
Regional General permit. The attached map [Enclosure #1] should be
consulted to determine the appropriate State or Federal regulatory
office that serves your area. A complete list of the Nationwide
permits and conditions, as published in the Federal Register, is
also attached [Enclosure #2] .
A New York State Department of Environmental Conservation.
Water Quality Certification pursuant to Section 401 of the Clean
Water Act is required prior to the issuance of Nationwide permits
by the Corps of Engineers authorizing activities which may result
in a discharge into waters of the United States. The Water Quality
Certification is a determination that the discharge will comply
with established New York water quality standards. The NYSDEC' s
determination of compliance with Section 401 of the Clean Water Act
for the Nationwide permits is described in Enclosure #3 .
Similarly, a New York State Department of State (NYSDOS)
Coastal Zone Management Consistency Determination pursuant to
Section 307 (c) (1) of the Coastal Zone Management Act is required
prior to the issuance of Nationwide permits by the Corps of ,
Engineers for activities that would occur within, or outside New
York's coastal zone and will affect land, water uses or natural
resources of the coastal zone. The coastal zone means New York' s
coastal waters and the adjacent shorelands to approximately one
thousand feet inland. It includes Lakes Erie and Ontario, the St.
Lawrence and Niagara Rivers, the Hudson River south of the Federal
dam at Troy, the East River, the Harlem River, the Kill van Kull
and Arthur Kill, Long Island Sound and the Atlantic Ocean, and
their connecting waterbodies, bays, harbors, shallows and marshes.
The NYSDOS's determination of Coastal Zone Management Consistency
for the Nationwide permits is also described. in Enclosure #3 .
Prospective permittees planning to -conduct activities under
one or more Nationwide permits must comply with the applicable New
York State Department of Environmental Conservation and Department'
of State Conditions listed in Enclosure #3 of this notice, as well
as all of the terms and conditions of the Nationwide Permit program
published in the Federal Register dated November 22 , 1991
[Enclosure #2] .
Jojjeh J. See e
Ch , Regulat ry Branch
New York District
Corps of Engineers
ENCLOSURE # 1
United States Army Corps of Engineers
Department of the Army
ATTN: Chief, Regulatory Branch Department of Environmental Conservation Regional Offices
New York District, Corps of Engineers Division of Regulatory Affairs
26 Federal Plaza, New York, N.Y. 10278 REGION 6—DRA
Telephone (212) 264-0184 State Office Building
DEC Regions 1, 2, 3, 4, 5 317 Washington Street ELI,TO�
Department of the Army Watertown, N.Y. 13601
FRANKLIN
ATTN: Chief, Regulatory Branch (315) 785-2245 REGION 5—DRA
S T.LAWRENCE
Buffalo District, Corps of Engineers SUB-OFFICE—DRA J PERSON Ray Brook, N.Y. 12977
1776 Niagara St. Buffalo N.Y. 14207 State Office Building O %-':' ESSE f
9 H�� (518) 891-1370
6 => 5
Telephone (716) 876-5454 207 Genesee Street SUB-OFFICE—DRA
DEC Regions 6' 7 8 9 Utica, N.Y. 13501 LEWIS tT.f HAMILTON ..r.,
(315) 793-2555
:r'!' '''`��' BOX 22
Hudson Street Ex o tension
Department of the Army
Warrensburg, N.Y. 12885
OSWEGO S`>.Cr' o::.`'f`sy+.L.r,'cr ..
ATTN: Chief, Regulatory Branch ' `'A ' >' (518) 623-3671
Pittsburgh District,
RLEANS
qNIARA i',','-r6�/.".'n ..v<:..;},:
WAYNE
Corps of Engineers NUNROE O ;!
William S. Moorehead GENESEE —Z� ` ONO UAGA
p J ONTARIO U MAOISON
Federal Building p 1 W EAYUGA _ REGION 4—DRA
PATES _ Y — MONTGOMERY y K 2176 Guilderland Ave.
ERIE WYONING ,y ? Q
1000 Liberty Ave., /\ � _ 1C v CMENANLO :z�: � 1O
VM ' 1 >f '�ws ` �zr `� �" Schenectady, N.Y. 12306
Pittsburgh, PA. 15222 �.� •<>.x=�� �� '• ' � YI
Telephone: 412 644-6872 �r°y el - '}''~'$ 4'y` M1 ALBANT P��y_ (518) 38240680
Portions of Allegany, C119AU A CATTARAUGUS LLEGANY STEUSEN T JAG T L_ r SUB-OFFICE—DRA
Cattaraugus and \ BROOME GREENE Q i Route 10, Jefferson Road
Chautauqua Counties - Stamford, N.Y. 12167
REGION 9—DRA REGION 8—DRA REGION 7—DRA (607) 652-7364
615 Erie Boulevard West
600 Delaware Avenue 6274 E. Avon-Lima Road Syracuse, N.Y. 13204-2400 ULSTER
Buffalo, N.Y. 14202 Avon, N.Y. 14414 rS
(716) 847-4551 (716) 226-2466 (315) 426-7400 REGION 3—DRA
o,�` 21 South Putt Corners Roaa-
-SUB-OFFICE—DRA SULLIY"N New Paltz, N.Y. 12561
SUB-OFFICE—DRA PO Box 5170, Fisher Ave. ORANGE PUTNAM (914) 255-5453
128 South St. Cortland, N.Y. 13045 5��4
Olean, NY 14760 (607) 753-3095
0
(716) 372-0645
State of New York Department of State ; ' :u OLK
Coastal Zone Management Program
162 Washington Ave. REGION 2—DRA (New York City) Z54 Albany, NY. 12231 Hunters Point Plaza REGION 1—DRO ,
Telephone: (518) 474-6000 47-40 21st Street SUNY Campus
Long Island City, N.Y. 11101 Building 40
■■■ Pittsburgh District (718) 482-4997 Stony Brook, N.Y. 11794
Corps of Engineers (516) 751-7900
ENCLOSURE 42
NATIONWIDE PERMITS:
1. Aids to Navigation. The placement of aids to navigation and regulatory markers which are approved by
and installed in accordance with the requirements of the U.S. Coast Guard. (See 33 CFR Part 66, Chapter I,
Subchapter C). (Section 10)
2. Structures in Artificial Canals. Structures constructed in artificial canals within principally
residential developments where the connection of the canal to a navigable water of the United States has been
previously authorized (see 33 CFR 322.5(g)). (Section 10)
3. Maintenance. The repair, rehabilitation, or replacement of any previously authorized, currently
serviceable, structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3,
provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated
for it in the original permit or the most recently authorized modification. Minor deviations in the structure's
configuration or filled area including those due to changes in materials, construction techniques, or current
construction codes or safety standards which are necessary to make repair, rehabilitation, or replacement are
permitted, provided the environmental impacts resulting from such repair, rehabilitation, or replacement are
minimal. Currently serviceable means useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction. This nationwide permit authorizes the repair, rehabilitation, or
replacement of those structures destroyed by storms, floods, fire or other discrete events, provided the repair,
rehabilitation, or replacement is commenced or under contract to commence within two years of the date of their
destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit
may be waived by the District Engineer, provided the permittee can demonstrate funding, contract, or other
similar delays. Maintenance dredging and beach restoration are not authorized by this nationwide permit.
(Sections 10 and 404)
4. Fish and Wildlife Harvesting. Enhancement. and Attraction Devices and Activities Fish and wildlife
harvesting devices and activities such as pound nets, crab traps, crab dredging, eel pots, lobster traps, duck
blinds, clam and oyster digging; and small fish attraction devices such as open water fish concentrators (sea
kites, etc). This nationwide permit authorizes shellfish seeding provided this activity does not occur in
wetlands or vegetated shallows. This nationwide permit does not authorize artificial reefs or impoundments and
semi-impoundments of waters of the United States for the culture or holding of motile species such as Lobster.'
(Sections 10 and 404)
5. Scientific Measurement Devices. Staff gages, tide gages, water recording devices, water quality
testing and improvement devices and similar structures. Small weirs and flumes constructed primarily to record
water quantity and velocity are also authorized provided the discharge is limited to 25 cubic yards and further
for discharges of 10 to 25 cubic yards provided the permittee notifies the district engineer,in accordance with
"Notification" general condition. (Sections 10 and 404)
6. Survey Activities. Survey activities including core sampling, seismic exploratory operations, and
plugging of seismic shot holes and other exploratory-type bore holes. Drilling and the discharge of excavated
material from test wells for oil and gas exploration is not authorized by this nationwide permit; the plugging
of such wells is authorized. Fill placed for roads, pads and other similar activities is not authorized by this
nationwide permit. The discharge of drilling muds and cuttings may require a permit under Section 402 of the
Clean Water Act. (Sections 10 and 404)
7. OutfaLL Structures. Activities related to construction of outfall structures and associated intake
structures where the effluent from the outfall is authorized, conditionally authorized, or specifically
exempted, or are otherwise in compliance with regulations issued under the National Pollutant Discharge
Elimination System program(Section 402 of the Clean Water Act), provided that the nationwide permittee notifies
the district engineer in accordance with the "Notification" general condition. (Also see 33 CFR 330.1(e)).
Intake structures per se are not included - only those directly associated with an outfall structure. (Sections
10 and 404)
B. oil and Gas Structures. Structures for the exploration, production, and transportation of oil, gas,
and minerals on the outer continental shelf within areas leased for such purposes by the Department of the
Interior, Minerals Management Service. Such structures shall not be placed within the limits of any designated
shipping safety fairway or traffic separation scheme, except temporary anchors that comply with the fairway
regulations in 33 CFR 322.5(L). (Where such limits have not been designated, or where changes are anticipated,
district engineers will consider asserting discretionary authority in accordance with 33 CFR 330.4(e) and will
also review such proposals to ensure they comply with the provisions of the fairway regulations'in 33 CFR
322.50)). Such structures will not be placed in established danger zones or restricted areas as designated
in 33 CFR Part 334: nor will such structures be permitted in EPA or Corps designated dredged material disposal
areas. (Section 10)
9. Structures in Fleeting and Anchorage Areas Structures, buoys, floats, and other devices placed within
anchorage or fleeting areas to facilitate moorage of vessels where such areas have been established for that
purpose by the U.S. Coast Guard. (Section 10)
10. Mooring Buoys. Non-commercial, single-boat, mooring buoys. (Section 10)
11. Temporary Recreational Structures. Temporary buoys, markers, small floating docks, and similar
structures placed for recreational use during specific events such as water skiing competitions and boat races
or seasonal use provided that such structures are removed within 30 days after use has been discontinued. At
Corps•of Engineers reservoirs, the reservoir manager must approve each buoy or marker individually. (Section
12. Utility Line BackfiLL and Bedding. Discharges of material for backfill or bedding for utility lines,
including outfall and intake structures, provided there is no change in preconstruction contours. A "utility
line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquefiable, or slurry
substance, for any purpose, and any cable, Line, or wire for the transmission for any purpose of electrical,
energy, telephone and telegraph messages, and radio and television communication. The term "utility line" does
not include activities which drain a water of the United States, such as drainage tile, however, it does apply
to pipes conveying drainage from another area. Material resulting from trench excavation may be temporarily
sidecast (up to three months) into waters of the United States provided that the material is not placed in such
a manner that it is dispersed by currents or other forces. The DE may extend the period of temporary side-
casting up to 180 days, where appropriate. The area of waters of the United States that is disturbed must be
limited to the minimum necessary to construct the utility line. In wetlands, the top 6" to 12" of the trench
should generally be backfilled with topsoil from the trench. Excess material must be removed to upland areas
immediately upon completion of construction. Any exposed slopes and streambanks must be stabilized immediately
upon completion of the utility line. The utility line itself will require a Section 10 permit if in navigable
waters of the United States. (See 33 CFR Part 322). (Section 404)
13. Bank Stabilization. Bank stabilization activities necessary for erosion prevention provided: .
a. No material is placed in excess of the minimum needed for erosion protection;
b. The bank stabilization activity is less than 500 feet in length;
c. The activity will not exceed an average of one cubic yard per running foot placed along the bank
below the plane of the ordinary high water mark or the high tide line;
d. No material is placed in any special aquatic site, including wetlands;
e. No material is of the type or is placed in any location or in any manner so as to impair surface
water flow into or out of any wetland area;
f. No material is placed in a manner that will be eroded by normal or expected high flows (properly
anchored trees and treetops may be used in low energy areas); and,
g. The activity is part of a single and complete project.
Bank stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per
running foot may be authorized if the permittee notifies the district engineer in accordance with the
"Notification" general condition and the district engineer determines the activity complies with the other terms
and conditions of the nationwide permit and the adverse environmental impacts are minimal both individually and
cumulatively. (Sections 10 and 404)
14. Road Crossing_. Fills for roads crossing waters of the United States (including wetlands and other
special aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the actual crossing;
b. The fill placed in waters of the United States is limited to a filled area of no more than 1/3
acre. Furthermore, no more than a total of 200 linear feet of the fill for the roadway can occur in special
aquatic sites, including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to
withstand, expected high flows and tidal flows, and to prevent the restriction of low flows and the movement
of aquatic organisms;
d. The crossing, including all attendant features, both temporary and permanent, is part of a single
and complete project for crossing of a water of the United States; and,
e. For fills in special aquatic sites, including wetlands, the permittee notifies the district
engineer in accordance with the "Notification" general condition. The notification must also include a
delineation of affected special aquatic sites, including wetlands.
Some road fills may be eligible for an exemption from the need for a Section 404 permit altogether (see 33
CFR 323.4). Also, where local circumstances indicate the need, district engineers will define the term
"expected high flows" 'for the purpose of establishing applicability of this nationwide permit. (Sections 10
and 404)
15. U.S. Coast Guard Approved Bridges. Discharges of dredged or fill material incidental to the
construction of bridges across navigable waters of the United States, including cofferdams, abutments,
foundation seals, piers, and temporary construction and access fills provided such discharges have been
authorized by the U.S. Coast Guard as part of the bridge permit. Causeways and approach fills are not included
in this nationwide permit and will require an individual or regional Section 404 permit. (Section 404)
16. Return Water From Upland Contained Disposal Areas. Return water from an upland, contained dredged
material disposal area. The dredging itself requires a Section 10 permit if located in navigable waters of the
United States. The return water from a contained disposal area is administratively defined as a discharge of
dredged material by 33 CFR 323.2(d) even though the disposal itself occurs on the upland and thus does not
require a Section 404 permit. This nationwide permit satisfies the technical requirement for a Section 404
permit for the return water where the quality of the return water is controlled by the state through the Section
401 certification procedures. (Section 404)
17. Hydropower Proiects. Discharges of dredged or fill material associated with (a) small hydropower
projects at existing reservoirs where the project, which includes the fill, is licensed by the Federal Energy
Regulatory Commission (FERC) under the Federal Power Act of 1920, as amended; and has a total generating
capacity of not more than 5000 KW; and the permittee notifies the district engineer in accordance with the
"Notification" general condition; or (b) hydropower projects for which the FERC has granted an exemption from
Licensing pursuant to Section 408 of the Energy Security Act of 1980 (16 U.S.C. 2705 and 2708) and Section 30
of the Federal Power Act, as amended; provided the permittee notifies the district engineer in accordance with
the "Notification" general condition. (Section 404)
18. _Minor Discharges. Minor discharges of dredged or fill material into all waters of the United States
provided:
a. The discharge does not exceed 25 cubic yards;
b. The discharge will not cause the loss of more than 1/10 acre of a special aquatic site, including
wetlands. For the purposes of this nationwide permit, the acreage limitation includes the filled area plus
special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that
they would no longer be a water of the United States as a result of the project;
c. If the discharge exceeds 10 cubic yards or the discharge is in a special aquatic site, including
wetlands, the permittee notifies the district engineer in accordance with the "Notification" general condition.
For discharges in special aquatic sites, including wetlands, the notification must also include a delineation
of affected special aquatic sites, including wetlands. (Also see 33 CFR 330.1(e)); and
d. The discharge, including all attendant features, both temporary and permanent, is part of a
single and complete project and is not placed for the purpose of stream diversion. (Sections 10 and 404)
19. Minor Dredging. Dredging of no more than 25 cubic yards below the plane of the ordinary high water
mark or the mean high water mark from navigable waters of the United States as part of a single and complete
project. This nationwide permit does not authorize the dredging or degradation through siltation of coral
reefs, submerged aquatic vegetation, anadromous fish spawning areas, or wetlands or, the connection of canals
or other artificial waterways to navigable waters of the United States (see Section 33 CFR 322.5(g)). (Section
10)
20. oil Spill Cleanup. Activities required for the containment and cleanup of oil and hazardous
substances which are subject to the National oil and Hazardous Substances Pollution Contingency Plan, (40 CFR
Part 300), provided that the work is done in accordance with the Spill Control and Countermeasure Plan required
by 40 CFR 112.3 and any existing State contingency plan and provided that the Regional Response Team (if one
exists in the area) concurs with the proposed containment and cleanup action. (Sections 10 and 404)
21. Surface Coal Mining Activities. Activities associated with surface coal mining activities provided
they are authorized by the Department of the Interior, Office of Surface Mining, or by states with approved
programs under Title V of the Surface Mining Control and Reclamation Act of 1977 and provided the permittee
notifies the district engineer in accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include a delineation of affected special
aquatic sites, including wetlands. (Also see 33 CFR 330.1(e)). (Sections 10 and 404)
22. Removal of Vessels. Temporary structures or minor discharges of dredged or fill material required
for the removal of wrecked, abandoned, or disabled vessels, or the removal of man-made obstructions to
navigation. This nationwide permit does not authorize the rival of vessels listed or determined eligible for
listing on the National Register o; Historic �:iaces unless the district engineer is notified and indicates that
there is compliance with the "}�istoric Properties" general condition. This nationwide permit does not authorize
maintenance dredging, shoal removal, or river bank snagging. Vessel disposal in waters of the United States
may need a permit from EPA (see 40 CFR 229.3). (Sections 10 and 404)
23. Approved Categorical Exclusions. Activities undertaken, assisted, authorized, regulated, funded, or
financed, in whole or in part, by another Federal agency or department where that agency or department has
determined, pursuant to the Council on Environmental Quality Regulation for Implementing the Procedural
Provisions of the National Environmental Policy Act (40 CFR Part 1500 et seq.), that the activity, work, or
discharge is categorically excluded from environmental documentation because it is included within a category
of actions which neither individually nor cumulatively have a significant effect on the human environment, and
the Office of the Chief of Engineers (ATTN: CECW-OR) has been furnished notice of the agency's or department's
application for the categorical exclusion and concurs with that determination. Prior to approval for purposes
of this nationwide permit of any agency's categorical exclusions, the Chief of Engineers will solicit public
comment. In addressing these comments, the Chief of Engineers may require certain conditions for authorization
of an agency's categorical exclusions under this nationwide permit. (Sections 10 and 404)
24. State Administered Section 404 Program. Any activity permitted by a state administering its own
Section 404 permit program pursuant to 33 U.S.C. 1344(g)-(L) is permitted pursuant to Section 10 of the Riders
and Harbors Act of 1899. Those activities which do not involve a Section 404 state permit are not included in
this nationwide permit, but certain structures ::iil be exempted by Sec. 154 of PL 94-587, 90 Stat. 2917 (33
U.S.C. 59l) (see 33 CFR 322.3(a)(2)). (Section 10)
25. Structural Discharge. Discharges of material such as concrete, sand, rock, etc. into tightly seated
forms or cells where the material wiii be used as a structural member for standard pile supported structures,
such as piers and docks; and for linear projects, such as bridges, transmission line footings, and walkways.
The NWP does not authorize fined structural members that would support buildings, homes, parking areas, storage
areas and ether such structures. Hcusepads or other building pads are also not included in this nationwide
permit. The structure itself may require a Section 10 permit if located in navigable waters of the United
States. (Section 404)
26. Headwaters and isolated Waters Discharges. Discharges of dredged or fill material into headwaters
and isolated waters provided:
a. The discharge does not cause the loss of more than 10 acres of waters of the Unites States;
b. The permittee notifies the district engineer if the discharge would cause the loss of waters of
the United States greater than one acre in accordance with the "Notificatior." general condition. For discharges
in special aquatic sites, including wetlands, the notification must also include a delineation of affected
special aquatic sites, including wetlands. (Also see 33 CFR 330.1(e)); and
c. The discharge, including all attendant features, both temporary and permanent, is Dart of a
single and complete project.
For the purposes of this nationwide permit, the acreacZe of less of waters or tye United States includes t^e
filled area plus waters of the United States that are adversely a4facted by flooding, excavation or drairage
as a result of the project. The ten-acre and ore-acre limits of NWP 26 are absolute, and cannot be increased
by any mitigation plan offered by the applicant or required by the DE.
Subdivisions: For any real estate SUbdivision created or subdivided after October 5, 1934,' a notification
pursuant to subsection (b) of this nationwide permit is required for any discharge which wouid cause the
aggregate total loss of waters of the United States for the entire subdivision to exceed one (1) acre. Any
discharge in any real estate subdivision which would cause the aggregate total loss of waters of the United
States in the subdivision to exceed ten (10) acres is not authorized by this nationwide permit; unless the DE
exempts a particular subdivision or parcel by making a written determination that: (1) the individual and
cumulative adverse environmental effects would be minimal and the property owner had, after October 5, 1984,
but prior to [Insert date, 60 days from date of oubli'cation in the Federal Register], committed substantial
resources in reliance on NWP 26 with regard to a subdivision, in circumstances where it would be inequitable
to frustrate his investment-backed expectations, or (2) that the individual and cumulative adverse environmental
effects would be minimal, high quality wetlands would rot be adversely affected, and there would be an overall
benefit to the aquatic environment. Once the exemption is established -for a subdivision, subsequent lot
development by individual property owners may proceed using NWP 26. For purposes of NWP 26, the term "real
estate subdivision" shall be interpreted to include circumstances where a landowner or developer divides a tract
of land into smaller parcels for the purpose of selling, conveying, transferring, leasing, or developing said
parcels. This would include the entire area of a residential, commercial or other real estate subdivision,
including all parcels and parts thereof. (Section 404)
27. Wetland and Riparian Restoration and Creation Activities. Activities in waters of the United States
associated with the restoration of altered and degraded non-tidal wetlands and creation of wetlands on private
Lands in accordance with the terms and conditions of a binding wetland restoration or creation agreement between
the landowner and the U.S. Fish and Wildlife Service (USFWS) or the Soil Conservation Service (SCS); or
activities associated with the restoration of altered and degraded non-tidal wetlands, riparian areas and
creation of wetlands and riparian areas on U.S. Forest Service and Bureau of Land Management lands, Federal
surplus lands (e.g., military lands proposed for disposal), Farmers Home Administration inventory properties,
and Resolution Trust Corporation inventory properties that are under Federal control prior to being transferred
to the private sector. Such activities include, but are not limited to: Installation and maintenance of small
water control structures, dikes, and berms; backfilling of existing drainage ditches; removal of existing
drainage structures; construction of small nesting islands; and other related activities. This nationwide
permit applies to restoration projects that serve the purpose of restoring "natural" wettand hydrology,
vegetation, and function to altered and degraded non-tidal wetlands and "natural" functions of riparian areas.
For agreement restoration and creation projects only, this nationwide permit also authorizes any future
discharge of dredged or fill material associated with the reversion of the area to its prior condition and use
(i.e., prior to restoration under the agreement) within five years after expiration of the limited term wetland
restoration or creation agreement, even if the discharge occurs after this nationwide permit expires. The
prior condition will be documented in the original agreement, and the determination of return to prior
conditions will be made by the Federal agency executing the agreement. Once an area is reverted back to its
prior physical condition, it will be subject to whatever the Corps regulatory requirements will be at that
future date. This nationwide permit does not authorize the conversion of natural wetlands to another aquatic
use, such as creation of waterfowl impoundments where a forested wetland previously existed. (Sections 10 and
404)
28. Modifications of Existing Marinas. Reconfigurations of existing docking facilities within an
authorized marina area. No dredging, additional slips or dock spaces, or expansion of any kind within waters
of the United States are authorized by this nationwide permit. (Section 10)
29. RESERVED
30. RESERVED
31. RESERVED
32. Completed Enforcement Actions. Any structure, work or discharge of dredged or fit' material
undertaken in accordance with, or remaining in place in compliance with, the terms of a final Federal court
decision, consent decree, or settlement agreement in an enforcement action brought by the United States under
Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. (Sections 10 and
404)
33. Temporary Construction. Access and Dewatering Temporary structures and discharges, including
cofferdams, necessary for construction activities or access fills or dewatering of construction sites; provided
the associated permanent activity was previously authorized by the Corps of Engineers or the U.S. Coast Guard,
or for bridge construction activities not subject to Federal regulation. Appropriate measures must be taken
to maintain near normal downstream flows and to minimize flooding. Fill must be of materials and placed in a
manner that will not be eroded by expected high flows. Temporary fill must be entirety removed to upland areas
following completion of the construction activity and the affected areas restored to the pre-project conditions.
.Cofferdams cannot be used to dewater wetlands or other aquatic areas so as to change their use. Structures left
in place after cofferdams are removed require a Section 10 permit if located in navigable waters of the United
States. (See 33 CFR Part 322). The permittee must notify the district engineer in accordance with the
"Notification" general condition. The notification must also include a restoration plan of reasonable measures
to avoid and minimize impacts to aquatic resources. The district engineer will add special conditions, where
necessary, to ensure that adverse environmental impacts are minimal. Such conditions may include: limiting
the temporary work to the minimum necessary; requiring seasonal restrictions; modifying the restoration plan;
and requiring alternative construction methods (e.g. construction mats in wetlands where practicable). This
nationwide permit does not authorize temporary structures or fill associated with mining activities or the
construction of marina basins which have not been authorized by the Corps. (Sections 10 and 404)
34. CRANBERRY PRODUCTION ACTIVITIES: Discharges of dredged or fill material for dikes, berms, pumps; water
control structures or leveling of cranberry beds associated with expansion, enhancement, or modification
activities at existing cranberry production operations provided:
a. The cumulative total acreage of disturbance per cranberry production operation, including
but not limited to, filling, flooding, ditching, or clearing, does not exceed 10 acres of waters of the United
States, including wetlands;
and b. The permittee notifies the District Engineer in accordance with the notification procedures;
c. The activity does not result in a net loss of wetland acreage.
This nationwide permit does not authorize any discharge of dredged or fill material related to other cranberry
production activities such as warehouses, processing facilities , or parking areas. For the purposes of this
nationwide permit, the cumulative total of 10 acres will be measured over the period that this nationwide permit
is valid. (Section 404)
35. Maintenance Dredging of Existing Basins. Excavation and removal of accumulated sediment for
maintenance of existing marina basins, canals, and boat slips to previously authorized depths or controlling
depths for ingresslegress whichever is less provided the dredged material is disposed of at an upland site-and
proper siltation controls are used- (Section 10)
36. Boat Ramps. Activities required for the construction of boat ramps provided:
a. The discharge into waters of the United States does not exceed 50 cubic yards of concrete, rock,
crushed stone or gravel into forms, or placement of pre-cast concrete planks or slabs. (Unsuitable material
that causes unacceptable chemical pollution or is structurally unstable is not authorized);
b. The boat ramp does not exceed 20 feet in width;
c. The base material is crushed stone, gravel or other suitable material;
d. The excavation is limited to the area necessary for site preparation and all excavated material
is removed to the upland; and
e. No material is placed in special aquatic sites, including wetlands.
Dredging to provide access to the boat ramp may be authorized by another NWP, regional general permit, cr
individual permit pursuant to Section 10 if located in navigable waters of the United States. (Sections 1C and
404)
37. Emergency Watershed Protection and Rehabilitation. Work done by or funded by the Soil Conservation
Service qualifying as an "exigency" situation (requir:na immediate action) under its Emergency Watershed
Protection. Program (7 CFR Part J24) and work done or funded by the Forest Service under its Burned-Area
Emergency Rehabilitation Handbook (FSH 509.13) provided the district engineer is notified in accordance with
the notification general condition. (Also see 33 CFR 330.1(e)). (Sections 10 and 404)
38., Cleanup of Hazardous and Toxic Waste. Specific activities required to effect the containment,
stabilization or removal of hazardous or toxic waste materials that are performed, ordered, or sponsored by a
government agency with established legal or regulatory authority provided the permittee notifies the district
engineer in accordance with the "Notification" general condition. For discharges in special aquatic sites,
including wetlands, the notification must also include a delineation of affected special aquatic sites,
including wetlands. Court ordered remedial action plans or related settlements are also authorized by this
nationwide permit. This nationwide permit does not authorize the establishment of new disposal sites or the
expansion of existing sites used for the disposal of 4:ezardous or toxic waste. (Sections 10 and 404)
39. RESERVED
40. Farm Buildings. Discharges of dredged or fill material into jurisdictional wetlands (but not
including prairie potholes, playa takes, or vernal pools) that were in agricultura'. crop production prier ,-o
December 23, 1985 .i.e., farmed wetlands) for foundations and building pads for buildings or agricui: :ral
related structures necessary for farming activities. The discharge will be limited to the minimum necessary
but will in no case exceed 1 acre (see the "Minimization" Section 404 only condition). (Section 404)
NATIONWIDE PERMIT CONDITIONS
GENERAL CONDITIONS: The following general conditions must be followed in order for any authorization by a
nationwide permit to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be properly maintained, including
maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation controls must be used and maintained
in effective operating condition during construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic life movements. No activity may substantiaUl disrupt the movement of those species of aquatic
Life indigenous to the waterbody, including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken
to minimize soil disturbance.
6. Regional and case-by-case conditions. The activity must comply with any regional conditions which may "
have been added by the division engineer (see 33 CFR 330.4(e)) and any case specific conditions added by the
Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River
System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system,
while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the
National Park Service and the U.S. Forest Service.
8. Tribal rights. No activity or its operation may impair reserved tribal rights, including, but not
Limited to, reserved water rights and treaty fishing and hunting rights.
9. Water quality certification. In certain states, an individual state water quality certification must
be obtained or waived (see 33 CFR 330.4(c)).
10. Coastal zone management. In certain states, an individual state coastal zone management consistency
concurrence must be obtained or waived. (see 33 CFR 330.4(d)).
11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the
continued existence of a threatened or endangered species or a species proposed for such designation, as .
identified under the Federal Endangered Species Act, or which is likely tc destroy or adversely modify the
critical habitat of such species. Non-federal permittees shalt notify the district engineer if any ;fisted
species or critical habitat might be affected or is in the vicinity of the project and shall not begin work or.
the activity until notified by the district engineer that the requirements of the Endangered Species Act have
been satisfied and that the activity is authorized. Information on the location of threatened and endangered
species and their critical habitat can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service. (see 33 CFR 330.4(f))
12. Historic properties. No activity which may affect Historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the DE has complied with the
provisions of 33 CFR 325, Appendix C. The prospective permittee gust notify the district engineer if the
authorized activity may affect any historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District Engineer that the requirements of the
National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State Historic Preservation Office and
the National Register of Historic Places (see 33 CFR 330.4(g)).
13. Notification. (a) Where required by the terms of the NWP, the prospective permittee must notify the
District Engineer as early as possible and shall not begin the activity:
(1) Until notified by the District Engineer that the activity may proceed under the NWP with any
special conditions imposed by the district or division engineer; or
(2) If notified by the District or Division engineer that an individual permit is required; or
(3) Unless 30 days have passed from the 'District Engineer's receipt of the notification and the
prospective permittee has not received notice from the District or Division Engineer. Subsequently, the
permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) The notification must be in writing and include the following information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose; direct and indirect adverse
environmental effects the project would cause; any other NWP(s), regional general permit(s) or individual
permit(s) used or intended to be used to authorize any part of the proposed project or any related activity;
(4) Where required by the terms of the NWP, a delineation of affected special aquatic sites, including
wetlands; and
(5) A statement that the prospective permittee has contacted:
0) The USFWS/NMFS regarding the presence of any Federally listed (or proposed for listing) endangered
or threatened species or critical habitat in the permit area that may be affected by the proposed project; and
any available information provided by those agencies. (The prospective permittee may contact Corps District
Offices for USFWS/NMFS agency contacts and lists of critical habitat.)
(H) The SHPO regarding the presence of any historic properties in the permit area that may be affected
by the proposed project; and the available information, if any, provided by that agency.
(c) The standard individual permit application form (Form ENG 4345) may by used as the notification but must
clearly indicate that it is a PDN and must include all of the information required in (b)(1)-(5) of General
Condition 13.
(d) In reviewing an activity under the notification procedure, the District Engineer will first determine
whether the activity will result in more than minimal individual or cumulative adverse environmental effects
or will be contrary to the public interest. The prospective permittee may, at his option, submit a proposed
mitigation plan with the predischarge notification to expedite the process and the District Engineer will
consider any optional mitigation .the applicant has included in the proposal in determining whether the net
adverse environmental effects of the proposed work are minimal. The District Engineer will consider any
comments from Federal and State agencies concerning the proposed activity's compliance with the terms and
conditions of the nationwide permits and the need for mitigation to reduce the project's adverse environmental
effects to a minimal level. The district engineer will upon receipt of a notification provide immediately (e.g.
}
facsimile transmission, overnight ;nail or other expeditious manner) a copy to the appropriate offices of the
Fish and Wildlife Service, State natural resource or water quality agency, EPA, and, if appropriate, the'
National Marine Fisheries Service. With the exception of NWP 37, these agencies will then have 5 calendar days
from the date the material is transmitted to telephone the District Engineer if they intend to provide
substantive, site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 10 calendar days before making a decision on the notification. The District Engineer will fukly
consider agency comments received within the specified time frame, but will provide no response to the resource
agency. The District Engineer will indicate in the administrative record associated with each notification that
the resource agencies' concerns were considered. Applicants are encouraged to provide the corps multiple copies
of notifications to expedite agency notification. If the District Engineer determines that the activity
complies with the terms and conditions of the NWP and that the adverse effects are minimal, he will notify the
permittee and include any conditions he deems necessary. If the District Engineer determines that the adverse
effects of the proposed work are more then minimal, then he will notify the applicant either: (1) that the
project does not, qualify for authorization under the NWP and instruct the applicant on the procedures to seek
authorization under an individual permit; or (2) that the project is authorized under the nationwide permit
subject to the applicant's submitting a mitigation proposal that would reduce the adverse effects to the minimal
Level. This mitigation proposal must be approved by the District Engineer prior to commencing work. If the
prospective permittee elects to submit a mitigation plan, the DE will expeditiously review the proposed
mitigation plan, but will not commence a second 30-day notification procedure. If the net adverse effects of
the project (with the mitigation proposal) are det_rmined by the District Engineer to be minimal, the District
Engineer will provide a timely written response to the applicant informing him that the project can proceed
under the terms and conditions of the nationwide permit.
(e) Wetlands Delineations: Wetland delineations must be prepared in accordance with the current method
required by the Corps. The permittee may ask the Corps to delineate the special aquatic site. There may be
some delay if the Corps does the delineation. Furthermore, the 3G-day pericdwiIt not start until the wetland
delineation has been completed.
(f) Mitigation: Factors that the District Engineer will consider when determining the acceptability of
appropriate and practicable mitigation include, but are not limited to:
(1) To be practicable the mitigation must be available and capable of being done considering costs,
existing technology, and logistics in light of overall project purposes;
(2) To the extent appropriate, permittees should consider mitigation banking and other forms of
mitigation including contributions to wetland trust funds, which contribute to the restoration, creation,
replacement, enhancement, or preservation of wetlands.
Furthermore, examples of mitigation that may be appropriate and practicable include but are not limited to:
reducing the size of the project; establishing buffer zones to protect aquatic resource values; and replacing
the loss of aquatic resource values by creating, restoring, and enhancing similar functions and values. In
addition, mitigation must address impacts and cannot be used to offset the acreage of wetland losses that would
occur in order to meet the acreage limits of some of the nationwide permits (e.g. 5 acres of wetlands cannot
be created to change a 6 acre loss of wetlands to a 1 acre loss; however, the 5 created acres can be used to
reduce the impacts of the 6 acre loss).
SECTION 404 ONLY CONDITIONS: In addition to the General Conditions, the following conditions apply only to
activities that involve the discharge of dredged or fill material and must be followed in order for
authorization by the nationwide per.-its to be valid:
1. Water supply intakes. No discharge of dredged or fill material may occur in the proximity of a public
water supply intake except where the discharge is for repair of the public water supply intake structures or
adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may occur in areas of concentrated
shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized
by nationwide permit 4.
3. Suitable material. No discharge of dredged or fill material may consist of unsuitable material (e.g.,
trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts
(see section 307 of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized
or avoided to the maximum extent practicable at the project site (i.e. on-site), unless the DE has approved a
compensation mitigation plan for the specific regulated activity.
5. spawning areas- Discharges in spawning areas during spawning seasons must be avoided to the maximum
extent practicable.
6. Obstruction of high flows. To the maximum extent practicable, discharges must not permanently restrict
or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse impacts from impoundments. If the discharge creates an impoundment of water, adverse impacts
f
on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
8. Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl must be avoided to
the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in their entirety and the affected
areas returned to their preexisting elevation.
ENCLOSURE 43
(A) The following is a list of activity specific conditions associated
with the New York State Water Quality Certification (WQC) and Coastal Zone
Management Consistency Concurrence (CZM) . In addition, paragraphs (B) and
(C) contain conditions that apply to some or all of the Nationwide permit
activities. I_f a Nationwide Permit is considered denied by either NYSDEC
Or NYSDOS, as indicated in the following list, an individual project
specific WOC and/or CZM concurrence is required prior to undertaking the
activity.
(1) Aids to Navigation
WQC:
Not Applicable
CZM:
Denied
(2) Structures in Artificial Canals
WQC:
Not Applicable
CZM:
1. No structures may be placed in, on or over the
waters of the canals, except for facilities that are
used for or essential to water dependent activities.
2. Facilities that are used for, or essential to water
dependent activities shall: (1) not be placed in a.
vegetated wetland or special aquatic site; (2) be
limited to one structure per lot; and (3) not extend
more than 50 feet into the canal or a distance no
greater than 25 percent of the width of the canal,
whichever is less.
3 . Shoreline stabilization structures (e.g. bulkheads,
revetments) must be placed at or above the line of mean
high water or ordinary high water.
(3) Maintenance
WQC:
None
CZM:
1. The size of a previously authorized structure or
fill shall not be increased.
2 . Replacement of a structure or fill destroyed by a
storm, flood, fire or other discrete event must occur
within one year of the event.
(4) Fish and Wildlife Harvesting, Enhancement, and Attraction
Devices and Activities
WQC:
None
CZM:
None
(5) Scientific Measurement Devices
WQC:
None
CZM:
None
(6) Survey Activities
WQC:
None
CZM:
1. Activities will not be undertaken in fish and
shellfish spawning areas during spawning seasons or in
migratory waterfowl stopover and breeding areas during
migration and breeding seasons.
2. Activities will not occur in public water
recreational areas nor at locations adjacent to such
areas where the authorized survey activities would
adversely affect public recreational uses.
(7) Outfall Structures
WQC:
None
CZM:
Denied
(8) Oil and Gas Structures
WQC:
None
CZM:
Denied
(9) Structures in Fleeting and Anchorage Areas
WQC:
Not Applicable
CZM:
Denied
(10) Mooring Buoys
WQC:
Not Applicable
CZM:
None
(11) Temporary Recreational Structures
WQC:
None
CZM:
1. Small floating docks shall not exceed 6 feet in
width, 100 feet in length and 600 square feet in total
surface area.
2 . Other floating structures shall not exceed 200
square feet in total surface area.
3. No floating dock or similar structure shall be
placed in a vegetated wetland or special aquatic site.
4. Floating structures will be placed in waters of
sufficient depth to ensure that they remain afloat at
all times.
5. Structures shall not be placed in or extend into
navigational or anchorage areas.
6. Structures must be removed no later than 15 days
after use has been discontinued.
(12) Utility Line Backfill
WQC:
1. This certification does not apply to any utility
line or transmission facility that is subject to the
jurisdiction of the Federal Energy Regulatory
Commission under Section 7 of the Natural Gas Act, or
the New York State Public Service Commission under
Article 7 of the Public Service Law.
2. Materials resulting from trench excavation which are
temporarily sidecast into waters of the United States
must be backfilled or removed within thirty (30) days.
CZM:
1. Work shall be scheduled to avoid adverse impacts upon
water dependent activities and facilities occurring at or
adjacent to the work location.
2. Material resulting from trench excavation may be
temporarily sidecast for a period not to exceed 30 days.
3. The proposed activity will not occur within or,
adjacent to a -designated significant coastal fish and
wildlife habitat, vegetated wetland or special aquatic
site.
(13) Bank stabilization
WQC:
1. This certification does not apply to any bank
stabilization activity proposing to utilize poured
concrete, driven steel sheet piling, or structural timber
bulkheading.
CZM:
1. The bank stabilization activity in the coastal area of
New York State shall not exceed 200 feet in length.
2. On-site erosion and its effects shall, to the extent
practicable, be controlled by non-structural measures
such as vegetation, beach nourishment and building
setbacks.
3 . Only clean sand, gravel, quarried rock and/or stone
which is free of metal products, organic material and
unsightly debris shall be utilized.
4. New bulkhead construction in the coastal area of New
York State shall not be authorized under this nationwide
permit.
(14) Road Crossing
WQC:
1. This certification does not apply to any complete
project consisting of more that one road crossing.
CZM:
1. The proposed activity will not occur within or
adjacent to a designated significant coastal fish and
wildlife habitat, vegetated wetland or special aquatic
site.
2. Only one (1) crossing shall be authorized for each
single and complete project.
(15) U.S. Coast Guard Approved Bridges
WQC:
Denied
CZM:
Denied
(16) Return Water from II and Contained Disposal Areas
WQC:
Denied
CZM:
The discharge will not occur within or adjacent to a
designated significant coastal fish and wildlife habitat,
vegetated wetland or special aquatic site.
(17) Hydropower Projects
WQC:
Denied
CZM:
Denied
(18) Minor Discharges
WQC:
None
CZM:
1. Discharges of dredged or fill material authorized
under this nationwide permit shall not exceed 10 cubic
yards.
2. Dredged or fill material shall not be placed in or
adjacent to a designated significant coastal fish and
wildlife habitat, vegetated wetland or special aquatic
site.
(19) Minor Dredging
WQC:
Not Applicable
CZM:
1. The dredging authorized under this nationwide permit
shall not occur in a designated significant coastal fish
and wildlife habitat, vegetated wetland or special
aquatic site.
(20) oil Spill Cleanup ,
WQC:
1. This certification is expressly limited to activities
conducted in a manner consistent with the procedures
specified in the most current New York State Department
of Environmental Conservation - Spill Response Guidance
Manual.
CZM:
None
'(21) Surface Mining Activities
WQC:
Denied
CZM:
None
(22) Removal of vessels
WQC:
None
CZM:
1. The proposed activity will not occur within or
adjacent to a designated significant coastal fish and
wildlife habitat, vegetated wetland or special aquatic
site.
(23) Approved Categorical Exclusions
WQC:
1. This certification is expressly limited to those
categorical Exclusions appearing on one of the following
lists:
(a) U.S. Department of Transportation Class II
Categorical Exclusions published the Federal
Register of August 28, 1987, 23 CFR Section
771. 117 and supplemented by the New York State
Department of Transportation Action Plan of
December 1983.
(b) U.S. Coast Guard, Commandant Instructions
M16475. 1B, Chapter 2B2 .
CZM:
Denied
(24) State Administered Section 404 Program
WQC:
Not Applicable
CZM:
Not Applicable
(25) Structural Discharges
WQC:
1. This certification does not apply to any pile
supported structure having a surface area greater than
eight thousand (8,000) square feet.
CZM:
1. The discharge authorized by this nationwide permit
shall not result in a structural member that has an area
greater than 40 square feet. The total area of all
structural members in a single and complete project shall
not exceed 400 • square feet.
2 . Spacing of at least 6 feet shall be maintained between
structural members.
3. The proposed activity will not occur within or
adjacent to a designated significant coastal fish and
wildlife habitat, vegetated wetland or special aquatic
site.
(26) Headwaters and Isolated Waters Discharges
WQC:
1. This certification does not apply to any discharge of
fill material into headwaters and isolated waters that
would cause the loss of more than one (1) acre of waters
of the United States. For discharges that would cause
the loss of more than one acre, and individual WQC is
required.
CZM:
Denied
(27) Wetland Restoration Activities
WQC:
None
CZM:
Denied.
(28) Modifications of Existing Marinas
WQC:
None
CZM:
1. The authorized modifications shall not result in a
change of use of existing docking facilities (e.g. the
conversion of docks to decks) .
(29) Reserved
(30) Reserved
(31) Reserved
(32) Completed Enforcement Actions
WQC:
None
CZM:
Denied
r,
n
(33) Temporary Construction and Access
WQC
None
CZM:
1. Discharges and structures authorized by this
nationwide permit must be removed no later than 30 days
after the proposed activity (or the portion of the
activity requiring the discharges or structures) is
completed.
2 . The authorized discharges and structures shall not
interfere with existing water dependent activities and
facilities.
3 . The proposed activity will not occur within or
adjacent to a designated significant coastal fish and.
wildlife habitat, vegetated wetland or special aquatic
site.
(34) Cranberry Production Activities
WQC:
Denied
CZM:
Denied
(35) Maintenance Dredging of Existing Basins
WQC:
None
CZM:
1. For the purposes of this nationwide permit,
maintenance dredging shall mean dredging that will occur
within five (5) years of the previously authorized
dredging activity.
2. The dredging activity shall be confined to the area
previously authorized.
3 . The proposed activity will not occur within or
adjacent to a designated significant coastal fish and
wildlife habitat, vegetated wetland or special aquatic
site.
(36) Boat Ramps
WQC:
None
CZM:
Denied
t
(37) Emergency Watershed Protection and Rehabilitation
WQC:
None
CZM:
Denied
(38) Cleanup of Hazardous and Toxic Waste
WQC:
None
CZM:
Denied
(39) Reserved
(40) Farm Buildings
WQC:
None
CZM:
Denied
(B) The New York State Department of Environmental
Conservation has added two general conditions that apply to all
Nationwide permit activities:
1. This certification does not apply to any activity that is
likely to jeopardize the continued existence of an endangered
species or threatened species listed in 6NYCRR Part 182 , or which
is likely to destroy or adversely modify the critical habitat of
such species. Information on New York State endangered or
threatened species may be obtained at the following address:
Department of Environmental Conservation
Division of Fish and Wildlife
Information Services
700 Troy-Schenectady Road
Latham, New York 12110
(518) 783-3932
2 . Prior to undertaking any Nationwide permit activity that
will involve or occupy state owned lands now or formerly under the
waters of New York State, the party proposing the activity must
first obtain all necessary approvals from:
New York State Office of General Services
Division of Land Utilization
Tower Building
Empire State Plaza
Albany, New York 12231
(518) 473-1288
(C) For those Nationwide permits requiring a pre-discharge
notification pursuant to the "Notification's condition described
at Appendix A, General Condition #13, the prospective permittee
should:
1. Provide evidence as a part of the pre-discharge
notification to the Corps of Engineers that duplicate copies have
been submitted and received (e.g. certified mail receipt) by the
appropriate Federal Resource agencies.
2 . Contact the New York State Department of Environmental
Conservation (NYSDEC) and/or the New York State Department of
State Coastal Zone Management (CZM) Program to obtain an activity
specific review and approval prior to submitting the pre-
discharge notification to the Corps, where the State has denied
401 WQC and/or not concurred with the Corp's consistency
determination for a Nationwide permit authorization; and include
a statement indicating the status of that application, including
a copy of any permit issuance or denial.
FO(,��,
Albert J. Krupski,President p� O� Town Hall
John Holzapfel,Vice President =� y:'e 53095 Main Road
William G. Albertson y Z P.O. Box 1179
Martin H. Garrell Oy �� Southold, New York 11971
Peter Wenczel Telephone (516)765-1892
1 Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
April 8, 1.994
Bruce Loucka, Chairman
Southold Town Conservation Advisory Council
Southold Town Hall
Main Road .
Southold, NY 11971
Dear Mr. Loucka:
Transmitted herewith are the following applications for a wetland
permits:
Peter Wertz 88-6-15
Cutchogue Harbor Marina 110-1-12
Harold Avent 115-10-2
Thomas Russell 6-1-2
John Murphy 43-5-4 & 18
Alice Mignerey 81-3-21
Please prepare a written report of findings and recommendations'with
respect to this application.
Very truly yours,
/ J
Albert I�izps7� , 090
President, Board of Trustees
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Section 7208 of the New Ybet State
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Copies of this survey map not bearing
the land surveyors Inked seal or
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MAP OF!' :'POPET
to be a valid Irm copy.
Guairantees lixicated hereon shall run
V EVE P ��O R only to the persm for whom the survey
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