HomeMy WebLinkAboutTR-4825 Michael J.Domino,President ��0f S0!/l�o Town Hall Annex
John M.Bredemeyer III,Vice-President �� lQ 54375 Route 25
P.O. Box 1179
Glenn Goldsmith Southold,New York 11971
A. Nicholas Krupski • Q Telephone (631) 765-1892
Greg Williamsy00U
O Fax(631) 765-6641
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BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
April 18, 2018
Mrs. Stephanie Neckles
130 Cleaves Point Road
East Marion, NY 11939
RE: 130 CLEAVES POINT ROAD, EAST MARION
SCTM# 1000-38-2-32
Dear Mrs. Neckles:
The following action was taken at the Southold Town Board of Trustees Regular
meeting held on Wednesday, April 18, 2018:
RESOLVED, that the Southold Town Board of Trustees APPROVE the request for a
Transfer of Wetland Permit #4825 from John Edler to Stephanie Neckles, as issued on
November 21, 1997; and a Transfer of Coastal Erosion Management Permit #5065 from
John Edler to Stephanie Neckles, as issued on September 22, 1999; and
Any other activity within 100' of the wetland boundary requires a permit from this office.
This is not a determination from any other agency.
If you have any questions, please contact our office at (631) 765-1892.
Sincerely,
Michael J. Domino, President
Board of Trustees
MJD/dd
Michael J. Domino, President lO Town Hall Annex
John M. Bredemeyer 111,Vice-President 54375 Route 25
P.O. Box 1179
Charles J. Sanders
Southold, New York 11971
Glenn Goldsmith0� Telephone (631) 765-1892
A. Nicholas Krupski Fax (631) 765-6641
F. E F
BOARD OF TOWN TRUSTEES JAN 2 9 2018
TOWN OF SOUTHOLD
APPLICATION FOR A TRANSFER OF A WETWPER.M-1-TY.-- ,
DATE.
OWNER PHONE (,0
MAILING ADDRESS Potn� 4P'4. 5'asT-
AGENT PHONE
ADDRESS
PROPERTY LOCATION '30 '(11ed\JC3 �o �r)i RODS -FQ.:5-r Nam
TAX MAP NO. 0O — 3 a
I/We S
request a Transfer of
Permit# LM a 5 from Y) F_A I
Signed By: Jz240:A(31�A I
Board of Trustees Appl. tion
AFFIDAVIT
ajuu?4e__.ee4&4_) BEING DULY SWORN
DEPOS AND AFFIRMS AT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMITS) AND THAT ALL STATEMENTS CONTAINED HEREIN
ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT
ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION
AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES.
THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE
BOARD OF TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES
AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF
GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE
TRUSTEES,THEIR AGENT(S) OR REPRESENTATIVES, INCLUDING THE
CONSERVATION ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY TO
INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION,
INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF
TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE
COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL
EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM
OF THE PERMIT.
Q�-QJ
Signature of Property Owner Signature of Property Owner
SWORN TO BEFORE ME THIS .2q�f1 DAY OF 7"Uma , 2019
&J4)
Notary Public
DIANE DISALVO
NOTARY PUBLIC-STATE OF NEW YORK
No. O1 D1475593
Qualified In Suffolk County
My Commission Expires April 30, 20_1?
Michael J. Domino, Presidio - �OSOFFO(�-C Town Hall Annex
John M. Bredemeyer III, Vice-PresmentGym - 54375 Route 25
Glenn Goldsmith ro z , P.O. Box 1179
A.Nicholas Krupski Southold,NY 11971
Greg Williams y ® p! Telephone(631)765-1892
Fax(631)765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Date/Time: Completed in field by:
STEPHANIE NECKLES requests a Transfer of Wetland Permit#4825 from John Edler to Stephanie
Neckles, as issued on November 21, 1997; and a Transfer of Coastal Erosion Management Permit
#5065 from John Edler to Stephanie Neckles, as issued on September 22, 1999. Located: 130
Cleaves Point Road, East Marion. SCTM# 1000-38-2-32
CH. 275-3 - SETBACKS
WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required
1. Residence: 100 feet
2. Driveway: 50 feet
3. Sanitary Leaching Pool (cesspool): 100 feet
4. Septic Tank: 75 feet
5. Swimming Pool and related structures: 50 feet
6. Landscaping or gardening: 50 feet
7. Placement of C&D material: 100 feet
TOP OF BLUFF:
1. Residence: 100 feet
2. Driveway: 100 feet
3. Sanitary leaching pool (cesspool) 100 feet:
4. Swimming pool and related structures: 100 feet
Public Notice of Hearing Card Posted: Y / N
Ch. 275 Ch. 111 SEQRA Type: 1 II Unlisted Action
Type of Application: Pre-Submission Administrative Amendment Wetland
Coastal Erosion Emergency Violation Non-Jurisdiction
Survey <_ 5 years- Y/N Wetland Line by: C.E.H.A. Line
Additional information/suggested modifications/conditions/need for outside
review/consultant/application completeness/comments/standards:
I have read & acknowledged the foregoing Trustees comments:
Agent/Owner:
Present were: J. Bredemeyer M. Domino G. Goldsmith N. Krupski
G. Williams Other
Page 1 of 2
Michael J. Domino, Preside► �QSUFFO(,�C Town Hall Annex
John M. Bredemeyer III, Vice-Presioent ,��� Gym 54375 Route 25
Glenn Goldsmith N z P.O.Box 1179
A.Nicholas Krupski ® Southold,NY 11971
Greg Williams y p!� Telephone(631)765-1892
��l Fax(631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Date/Time: Completed in Work Session by:
STEPHANIE NECKLES requests a Transfer of Wetland Permit#4825 from John Edler to Stephanie
Neckles, as issued on November 21, 1997; and a Transfer of Coastal Erosion Management Permit
#5065 from John Edler to Stephanie Neckles, as issued on September 22, 1999. Located: 130
Cleaves Point Road, East Marion. SCTM# 1000-38-2-32
Ch. 275-12 - STANDARDS FOR ISSUANCE OF PERMIT MET=X or Comment=*
A Adversely affect the wetlands of the Town:
B Cause damage from erosion, turbidity or siltation:
C. Cause saltwater intrusion in the fresh water recourses of the Town:
D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic
wildlife & vegetation or the natural habitat thereof:
E. Increase the danger of flood and storm-tide damage:
F. Adversely affect navigation tidal waters or the tidal flow of the tidal waters of the Town:
G. Change the course of any channel or the natural movement or flow of any waters:
H. Weaken or undermine the lateral support of other lands in the vicinity:
I. Otherwise adversely affect the health, safety and general welfare of the people of the Town:
J. Adversely affect the aesthetic value of the wetland and adjacent areas:
Ch. 111-9 - ISSUANCE OF PERMIT MET=X or Comment=*
A. Is reasonable and necessary, considering reasonable alternatives to the proposed
activity and the extent to which the proposed activity requires a shoreline location:
B. Is not likely to cause a measurable increase in erosion at the proposed site and at
other locations:
C. Prevents, if possible, or minimizes adverse effects on natural protective features
and their functions and protective values, existing erosion protection structures
and natural resources:
D. :525% Expansion/Calculation
Work Session Notes Application Complete
SEQRA Classification Confirmed Coordinated Review Y/N Pos/Neg Declaration
CAC:
LWRP:
Additional information on comments/to be discussed/Public Hearing:
Date: Completed By:
Present: J. Bredemeyer M. Domino G. Goldsmith N. Krupski
G. Williams E. Cantrell D. Di Salvo Other
Page 2 of 2
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1 Board Of SoutholdTown Trustees
SOUTHOLD, NEW YORK
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PERMIT NO. DATE: ....1..1.L2.1L.9.7........ ift
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a ISSUED TO ...............J.00.HN. ....EDLER. . . ... ...... ..............................................
..............
Pursuant to the provisions of Chapter 615 of the Laws of
the State of New York, 1893; and Chapter 404 of the Laws of the
' State of New York 1952; and the Southold Town Ordinance en-
E PLACING OF OBSTRUCTIONS >_
}�I titled REGULATING AND THE LACIN
IN AND ON TOWN WATERS AND PUBLIC LANDS and the kw�
�j REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM �fK
LANDS UNDER TOWN WATERS;" and in accordance with the �k
AEI Resolution of The Board adopted at a meeting held on ...11.1.1.8.1..9.7....
F9......9..Z., and in consideration of the sum of $150-00........... paid by
31 .............JOH N...E.D.L.E1t..................................................................................................................
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of ........East...Marion............................................... N. Y. and subject to the I z�
Terms and Conditions listed on the reverse side hereof', T
\ j! of Southold Town Trustees authorizes and permits the following:
Wetland Permit to construct 2- 401 low profile groins that will �.
.1 begin at the highest vertical point which is at the whaler of
C q
the ..bulkhead and no pre-filling. • •F� �' �'
all in accordance with the detailed specifications as presented in
! the originating application. Fh
a' ;til IN WITNESS WHEREOF, The said Board of. Trustees'h,ere-
%; to 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.
......... Ii
.
....................
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G Trustees
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,I Board Of
Southold Town TrusteeIN
s
{� SOUTHOLD, NEW YORK ,i
' � i
' PERMIT NO. - 3 DATE: ..1 .. I` ........
ISSUEDTO ........... 41 �............ ........................................
J�I r(�', t• t• FF
till ���4i��`���`�� I,t �•/�'�`
Pursuant to the provisions of Chapter 615 of the Laws of
�.� the State of New York, 1893; and Chapter 404 of the Laws of the4 . '
y. State of New York 1952; and the Southold Town Ordinance en-
>.N titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" and in accordance with the
Resolution of The Board adopted at a meeting held on J...-T?-.iD_
I
;.. ,I 19............. and in consideration of the sum of $...�—'.X'hgp17 paid by
.................................... +
of ...... ............... .................................... ................. N. Y. and subject to the :
J I Terms and Conditions listed on the reverse side hereof,
of Southold Town Trustees authorizes and permits the following:
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+ .:, '� Wt.�� �L /dry a� ���� �s �C• ��L ✓����GYQct (�IC�Vl� i�* ^'� ``
all in accordance with the detailed specifications as presented in t
the originating application. 1°
IN WITNESS WHEREOF, The said Board of Trustees here-
1, 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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Board Of Southold Town T; .. rustees �, • � ��
SOUTHOLD, NEW YORK � r .
PERMIT NO. 3
.. .'�-3 . DATE: ..1 -21-1 ._...
ISSUED TO .....................
Pursuant to the provisions of Chapter 615 of the Laws of
the State of New York, 1893; and Chapter.404 of fhe Laws of.the
' State of New York 1952; and the Southold Town Ordinance en-
titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the r
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" and in accordance with the
Resolution of The Board adopted at a meeting
19............. and in consideration of the sum of EX {-.. paid.by
....................
s.
of ....... ....... ...... ....-.. ...................,. N. Y.'.and.'.subject, to the
Terms and . Condi+ions listed:- on ~the ..reverse"'side. hereof +
' of Southold-Town' Trustees-aufhorizes and permits the'-following: ?'
_ �;>� �� :;!. a�..�:�� :FRS p�-c -.a E c_ A-pt�u�.c.. • Y.
• .I all in accordance with the detailed specifications as presented in
the originating applicafion:'
IN WITNESS WHEREOF, The said Board of',Trustees here-
`by causes`ifs;`Corporate`Seal to be affixed, 'and`these PPresents to
be subscribed•by .a-t majority.of.fhe 'said-Board as of'this.date.
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Board Of Southold Town Trustee
",' ..:•. `� usteeIcy
s� y till SOUTHOLD, NEW YORK
PERMIT NO. ....... DATE: ..I
i
ISSUED TO ......... rn���in.......................................................
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� `� •�+ ,�1tf���t��Iftliri ��
Pursuant to the provisions of Chapter 615 of the Laws of
" the State of New York, 1893; and Chapter 404 of the Laws of the
�.�
State of New York 1952; and the Southold Town Ordinance en-
:. i titled-"REGULATING AND THE PLACING OF OBSTRUCTIONS !�
ON TOWN WATERS AND PUBLIC LANDS and the �� r'
IN' AND
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
w! SUNDER TOWN WATERS;" and in accordance with the !.
�{ LAND
Resolution of The Board adopted at a meeting held on
;
;. � pl-. paid by
n consideration .4
I .. �
1 19............. and in of the sum of � .X. uvz
.: 1 k
.........................................................................................................Y....and....su.......ct...}o...the
N. subject
�; of .............................. . . . ..........................
\ :•� f; Terms and Conditions listed on the reverse side hereof, ,
.. II
of Southold Town Trustees authorizes and permits the following:
41
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all in accordance with the detailed specifications as presented in
the originating application. ,.
ill IN WITNESS WHEREOF, The said Board of Trustees here- �I
I
to be affixed, and these presents to
by causes its Corporate Seal
- i be subscribed by a majority of the said Board as of this date. R �Y
..............................................
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......:.............
30 • ......................................................................
.................... ....................................
................
Trustees
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Board Of Southold Town Trustees ;
SOUTHOLD, NEW YORK l` •`
' PERMIT NO DATE P.-
ISSUED TO .......� ........
' Pursuant to the provisions of Chapter 615 of the Laws of
the State of New York, 1893; and Chapter 404 of the Laws of the E
,i State of New York 1952• and the Southold Town Ordinance n- i. 0
' titled "REGULATING AND THE PLACING OF OBSTRUCTIONS b
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND GRAVEL OR OTHER MATERIALS FROM
+ 'LANDS UNDER TOWN WATERS;" and in accordance with the
Resolution of The Board adopted at a meeting held on .--....... ..........
ice ,; . r
19 ........, and in consideration of the sum of �. paid by
' N t th ,µ
' Y. and subject o e
- of
Terms and Conditions listed on the reverse side hereof, :y
of Southold Town Trustees authorizes and permits the following: ,t
_ %r. �,.•` �l'<.�4 S`. •E 1� S X• n��l. CC't I�•t,t��til-.c�-t{ 7--'��C�aZ j iY
�:. a, n�'iL"X �.5� y�� Q� ��,\� F7S � R=��- f•a(�'(�CG��cl ►+
all in accordance with the detailed specifications as presented in
•" the originating application.
IN WITNESS WHEREOF, The said Board of Trustees here-
s 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. ; '
1
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..
IF
Trustees
r s.a..,, rr�,.'�.�!.'su,P ,.•r,'� `...L,:��.r'',.r.c..cL.:i� � T wd,.. � :+.a' a='r.v�" .T..;r_ ¢ a+.,i " :t Ln t .N`-'i'"� rN -�
� � � �,..-- -diA� .�,P-�� Al►_ ,.tea►. �1A� s,, . _:SAL �►•.:��tt�� �► `.�A `A
Awal
� �'1`
Albert J.Krupski,President SUF�®(� Town Hall
C'James King,Vice-President 53095 Route 25�Q�' � P.O.Box.1179
Henry Smith o 1 Southold,New York 11971-0959
Artie Foster y 2
Ken Poliwoda 0� • Telephone(631) 765-1892
Fax(631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
COASTAL EROSION MANAGEMENT PERMIT
Date: September 22, 1999
Permit# 5065 SCTM#38-2-32
Name of Applicant/Agent: JOHN EDLER
Name of Permittee: JOHN EDLER
Address of Permittee: 130 Cleaves Point Rd., East Marion,NY
Property Located: 130 Cleaves Point Rd., East Marion,NY
DESCRIPTION OF ACTIVITY: To construct 2—40' low profile groins that will begin at the
highest point which is at the whaler of the bulkhead and reinstate permission to use fill.
Date of Permit Issuance: September 22, 1999
This Permit is valid through November 21, 2001, which is concurrent with the Tidal Wetlands
Permit.
SPECIAL CONDITIONS: -(apply if marked)
N/A Bluff restoration through a re-vegetation plan is a necessary special condition of this
permit.
N/A A relocation agreement is attached hereto and is a necessary special condition of this
permit.
N/A' A maintenance agreement is attached with application and is a necessary special condition
of this permit.
s /4 •
Albert J. Krupski, Jr.
President,Board of Trustees
Albert J.Krupski,Presi' Town Hall
:.James King,Vice-Presi.viiu 53095 Route 25
Artie Foster �O�'� CMG P.O.Box 1179
Southold,New York 11971-0959
Ken Poliwoda Cz
Peggy A.Dickerson y Z Telephone(631) 765-1892
IS Fax(631) 765-1366
��1 Sao
.l
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
TO: Greg Yakaboski
Town Attorney
FROM: Albert J. Krupski, Jr.
President,Board of Trustees
DATE: January 22, 2002
.2E: MaeLin with John Edler
Please let us know when you would be available to meet with Mr. Edler and the Board in order
to discuss a jurisdiction inatier.
Thank you for your cooperation.
lzt
a/
of 6 A el
Chapter 34 COASTAL EROSION HAZARD AREA
§ 37-6 . Definitions
ADMINISTRATOR - The Southold Town Board of Trustees is hereby
designated as the "Administrator"
§ 37-34. Coastal Hazard Board of Review
The Southold Town Board is hereby designated as the Coastal
Erosion Hazard Board of Review and has the authority to:
B. Hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the
Administrator in the enforcement of this chapter.
§ 37-44. Conflicts.
The provisions of this chapter will take precedence over any
other laws, ordinances or codes in effect in the town to the
extent that the provisions of this chapter are more stringent
than such other laws, ordinances or codes .
§ 37-46. Environmental review.
All regulated activities are subject to the review procedures
required by the New York State Environmenmtal Quality Review Act
(SEQR) , Article 8 of the New York State Environmemntal
Conservation Law.
THE REV. CANON .1!OHN R. EDLER
P.O. BOX 239
130 CLEAVES POINT ROAD
EAST MARION, NY 11939 - 0239
(631) 477-0111
January 17, 2002
Josh Horton, Supervisor _
Town of Southold
POB 1179, 53095 Main Road
Southold, NY 11971
JAN 7 ?C!r2
RE: Clarification of Jurisdictional Authority
Town of Southold's Coastal Erosion Hazard Areas.
Dear Supervisor Horton:
As suggested by you in our telephone conversation today, here is the written request for
a meeting with you, the Town Attorney and the President of the Town Board of Trustees
concerning the above matter.
Since Larry Tuthill, P.E. has generational knowledge of the Town's Coastal Erosion Hazard
Areas, if possible, he will be attending the meeting with me.
Thank you in advance for attending to this matter.
Sincerely,
/ n R. Edler
THE REV. CANON JOHN R. EDLER
P.O. BOX 239
130 CLEAVES POINT ROAD
EAST MARION, NY 11939 - 0239
(631) 477 - 0111,
i
December 12, 2001
Southold Town Board of Trustees
Southold Town Hall
Main Road, Southold, NY 11971
Re: Tidal Wetland Permits 4825, 4826, 4827, 4828
Coastal Erosion Permits 5065, 5066, 5067, 5068
Dear Town Trustees:
The purpose of this letter is to request a corrective amendment
to the resolution that you passed in response to my June 28,2001
letter requesting a one year permit extension to the above CEMPs.
In the resolution you aborted the CEMP extensions to the Tidal
Wetlands Permits ' ending date of November 21 , 2001, rightly
reasoning that by Town Regulations the validity of the CEMPs
required TWPs also. I present to you that using the same
reasoning and Town Regulations this -requested amendment is
possible:
Resolved that the September 19, 2001 Resolution extending permits
CEMPs 5065, 5066, 5067, 5068 to November 21, 2001 be corrected to
read "Resolved that Tidal Wetlands Permits 4825, 4826, 4827, 4828
and Coastal Erosion Permits 5065, 5066, 5067, 5068 be extended to
September 22, 2002. "
The reasoning:
The Board of Trustees that issued the above Tidal Wetland Permits
on November 21, 1997 had no comprehension that the proposed
projects were in the Coastal Erosion Hazard Area and that they
had ECL34 certified jurisdiction as of November 1991 . As a result
of that Board' s ignorance I had to spend thousands of hours in
research, countless sleepless nights, and hundreds and hundreds
of .dollars preparing two unnecessary DEISs . One positive result
was I had learned enough to persuade you, the current board, to
issue on September 22, 1999 the above CEMPs, and to amend the
above TWPs to permit the use of fill . At that moment in time,
September 22, 1999, the TWPs became valid with their coexistence
with the CEMPs. To allow the resolution' s current limited
extension to remain is to continue in the past Board' s ignorance.
To amend the resolution, as suggested, is to function as a Board
that comprehends its ' true jurisdictional powers.
Attached is a copy of the NYSDEC' s Letter of Certification.
(more)
1
• • y
(2)
In a recent consultation with Steven Cyzdek, Attorney for the
Governor ' s Office of Regulatory Reform (GORR) , about rectifying,
once and for all, this jurisdictional confusion with NYSDEC, he
said he needed a copy of the NYSDEC' s Letter of Certification.
When I asked Lauren and Charlotte for a copy of the Letter of
Certification, we were all aghast that none could be found in the
Board's files. Knowing it had to exist, I back researched
through Chapter 37, which led to the Town Board' s Attorney' s
files, where it was located by Town Clerk staff in less than ten
minutes. It is in the GORR Attorney' s possession now, and he is
pursuing with the NYSDEC - Region 1 the justification for their
actions throughout the permit issuance process considering the
certification of Nov 1991 . Also to be explored by GORR is the
permit issuance procedures of DOS Coastal Resources Section and
the Corp of Army' s questionable use of the Coastal Federal
Regulations.
By acceding to my request for the corrective amendment you will
not only be mitigating the errors of a past Board, but also you
will be contributing to a final resolution of the jurisdictional
confusion between the NYSDEC-Region 1 and you in Coastal Erosion
Hazard Areas. .
Thank you for your attention to this matter.
Sincerely, n
k"
ion R. Edler
PS. The very day I found the Letter of Certification, I gave a
copy to Lauren and Charlotte for your files.
THE REV. CANON JOHN R. EDLER
P.O. BOX 239
130 CLEAVES POINT ROAD
.EAST MARION, NY 11939 - 0239
(631) 477-0111
e-mail: Jedlerl @optonllne.net
December 3, 2001
Mr. Steven Cyzdek, Attorney
GORR
Governor Alfred E. Smith State Building - 17th Floor
POB 7027
Albany, NY 12225 - 0027
Dear Attorney Cyzdek:
Attached is the promised copy of the NYSDEC Certification. What follows is necessary
pertinent information:
Implementation of Southold Town's Coastal Erosion Hazard Areas Law.
(From Mattituck Inlet East around Orient Point to Greenport Breakwater)
ECL Article 34 §505.1 Purpose
"...local implementation is not required until after department has filed coastal
erosion hazard area maps for a municipality."
Note: NYSDEC CEHA Maps ordered August 29, 1988. Filed September 14, 1988
ECL Article 34 §505.2(t) Definitions
"' Local program' means a coastal erosion management ordinance, or local law, or
any other ordinance, local law, zoning regulation, subdivision regulation, site plan
approval regulation, or other application of police power a local government may
use in carrying out the purposes and policies of the act and meeting the minimum
standards of section 505.17 of this part."
Note: Town of Southold's COASTAL EROSION HAZARD AREAS LAW
Adopted by Southold's Town Board, October 8, 1991
Certified by Southold's Town Clerk, October 9, 1991
ECL Article 34 §505.17 Minimum standards for certification of local programs
"(a) Local programs submitted by local governments to the commissioner for
certification pursuant to subdivisions 34-0105(1) and 34-0106(1) of the act must
meet, at the minimum, the standards, restrictions and requirements set forth in
sections 505.5, 505.6, 505.7, 505.8, 505.9, 505.12, and 505.13 of this Part This
Part does not prohibit any local government from adopting and enforcing a local
program that regulates actions or uses of land more stringently than this Part.
(b) Whenever terms relating to the commissioner or department are used in the
subdivisions and sections listed in subdivision (a) of this section, local government
should substitute for those terms the title of the local official or agency performi-
ing the equivalent function."
Note: Town of Southold's COASTAL EROSION HAZARD AREAS LAW
Certified November 4, 1991 by Thomas C. Jorling, Commissioner NYSDEC
Thank you for your prompt attention to this four year long problem.
Sincerely,
New York State Department of Environmental Conservation _
50 Wolf Road, Albany, New York 12233
Imhof
November 6, 1991 -
Thomas C. Jorling
MOVED Commissioner
Mr. Scott Harris, Supervisor NOVTown of Southold O 81991
53095 Main Road
P.O. Box 1179 Southc�d TO" hark
Southold, NY 11791
Dear Mr. Harris:
I am pleased to transmit a copy of Commissioner. Jorling's
certification and approval of the Town of Southold' s coastal
erosion hazard area management program. With this certification,
the Town of Southold is hereby authorized to implement the
purposes and policies of ECL Article 34 and 6NYCRR Part 505
through administration of Local Law No. -24 of 1991, entitled,
"Town of Southold Coastal Erosion Hazard Areas Law" .
Please keep in mind that Commissioner Jorling has approved
the package of materials transmitted to him on October 9 , 1991;
and two submittals dated September 16, 1991 and October 10, 1991,
ensuring this office that the Town will administrate and enforce
the purposes and policies of Article 34 and minimum standards of
6 NYCRR Part 505 . Any amendments to the Town of Southold' s
coastal erosion hazard area management program that relate to the
minimum standards of 6NYCRR Part 505. 17 (a) will require approval
by th*e Commissioner of DEC (ECL 34-0105 (4) ) .
If you or anyone involved in the administration of the Town
of Southold ' s local coastal erosion hazard area management
program has questions or needs technical as please
contact a DEC coastal erosion management staff member in Stony
Brook at (516) 751-7900 or in Albany at (518) 457-3157 .
We look forward to working with the Town of Southold in the
management of its important coastal resources.
Sincerely,
William W. a L�
Chief
Coastal Erosion Management Section
Enclosure
cc: Raymond Cowen, III , DEC; Bill Southard, DEC; Roger Evans,
DEC; Tim Cooke, DEC; Susan Quine, . DEC; Judith Terry,
Southold ; John Bredemeyer, III, Southold; Harvey Arnoff,
Southold; Matthew Kiernan, Southold; Chairperson, Southold
Town Planning Bd. ; Lee Koppleman, LIRPB; Elizabeth Taibbi,
Suffolk Co. ; Patrick Halpin, Suffolk Co. ; Arthur Kunz ,
Suffolk Co. ; Juliette Kinselle, Suffolk Co. B:Southold.016
STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
is
--------------------------------------------------------- -X
In the Matter of the Application of the
TOWN OF SOUTHOLD FINDINGS AND
I
DECISION
for Approval of a Local Program
Implementing Article.34 of the
Environmental Conservation Law, the s
Coastal Erosion Hazard Areas Act
------------------------------- ------------------------------X
WHEREAS it is the policy of New York State under Article 34 of the
Environmental Conservation Law ("ECL"), the Coastal Erosion Hazard Areas Act
("Act"), to identify those areas of New York's coastline most prone to damage from
erosion, and to regulate activities, development and other actions in such areas so as to
protect natural protective features and to prevent or reduce erosion impacts; and
WHEREAS in accordance with my August 29, 1988 Order issued pursuant to
ECL §34-0104, the final identification of coastal erosion hazard areas for the Town of
Southold was filed on September 14, 1988; and
` WHEREAS the Act provides for the implementation of its regulatory
;
requirements by local governments in the first instance; and
WHEREAS ECL §34-0105 requires the Commissioner of Environmental
Conservation to review and certify local laws or ordinances for consistency with the
l
purposes of the Act and with minimum standards promulgated by the Department
(i
pursuant to ECL §34-0108 and set forth in 6NYCRR Part 505; and
i
WHEREAS Department staff have reported to me the result of their review of: i
(1) Local Law #24 of 1991 of the Town of Southold adopted by the Southold Town !
iBoard on October 8, 1991 entitled, Town of Southold Coastal Erosion Hazard Areas I
+° 1 1• and 2 two
Law", and certified by Town Clerk Judith T. Terry on October 9, 99 , ( ) i
i
l submittals, dated September 16, 1991 and October 10, 1991, addressing the Town's
' administrative and enforcement capacity as required under§505.16; and
WHEREAS I find that such local law contains substantive and procedural terms
I which are consistent with the Act and'Part 505 and which fulfill the necessary standards
therein; and
WHEREAS I find that the Town of Southold has the administrative capacity to I
I
regulate coastal erosion hazard areas within its jurisdiction in a manner consistent with
i
the Act and Part 505; and
WHEREAS approval of such local program will serve compelling interests,
including protection of the resource and advancement of the salutary purposes of the
i
Act;
NOW THEREFORE pursuant to ECL §34-0105 and in accordance with the
foregoing findings, I hereby approve the local coastal erosion hazard area management
program. of the Town of Southold.
Dated: Albany, New York
1991
!
Thomas C. Jlofnv�ioronmental
o sioner
Department Conservation of the State of
New York i
!
i
I j
I'
B:Southo1d.023'
I
1:
i
i
i
..................,..... .................. .....}....... r..b....�u".......�.ui.gw..1..._t,,....o......r.:r.u..i..u,......:....unYua,u.rvv.ay.a ..i..
K
Governor
ki 1 1
f , •'
1
Coastal Erosion Hazard Areas
t EWand All ++9 CoUat W All H •y
'vPermit Information
Permit ID: DEC-0028 Agency 0900
Code:
Agency Name: Environmental Conservation, Department of
Permit Name: Coastal Erosion Hazard Areas
Permit Description: To protect and preserve the natural protective
features such as dunes and bluffs of coastal areas
limit erosion and ensure that erosion control
structures are properly constructed. Must apply for
permit if you are planning on construction,
modifications, restoration of structures; grading
mining, dredging and deposition of bulkheads,
revetment, and groins; along with other
miscellaneous activities. Exempt from this permit
are: normal maintenance of structures; beach
grooming and cleaning; vegetative plantings; open
work docks (with 200 square feet or less of deck
area); sand fencing; restoration of existing
structures damaged or destroyed by events not
related to coastal flooding and erosion; private
walkways; seasonal docks on floats.
Application Title: Joint Application for Permit
Form Number/Date: 95-19-3 (6/97) -q
'vAuthority
1 of 4 10/25/01 8:28
Coastal Erosion Hazard Areas http://www.gorr.state.ny.us/gorr/pas/pa..8c7OpenUocument& xpand5ection=i,�,
Statutory Authority: NYS Environmental Conservation Law, Article 34
Regulatory Authority: 6 NYCRR, Part 505 (eff. 3/1988)
Federal P.L. 92-500, Title IV, Section 401 Water Quality
Authority/Regulation: Certification
Category of Business Agriculture & Forestry & Fisheries, Construction,
Regulated by Permit: Utilities &Transportation & Communications, Mining,
Manufacturing, Recreation, Services, Government
Fees and Requirements
Fees: Type Amount Returnable
None .
Additional 1. Maps
Documentation: Always Required
2. Plans
Always Required
3. Environmental Assessment
Always Required
4. Professional License
Sometimes Required
S. Drawings
Always Required
6. Photographs
Sometimes Required
7. Bonding
Sometimes Required
8. Specifications
Sometimes Required
9. Project Description
Always Required
Comments:
Supplemental Permits
None
Comments:
Special Requirements: 1. Public Notice
Sometimes Required
2. Public Hearing
Sometimes Required
3. Inspection
2 of 4 10/25/01 8:28
CoastaltrosionHazard Areas http://www.goff.state.ny.usigorr/pas/pa..tsc'?Upenllocument&ExpanaJemon=l;.Z,s,4,3
Statutory Authority: NYS Environmental Conservation Law, Article 34
Regulatory Authority: 6 NYCRR, Part 505 (eff. 3/1988)
Federal P.L. 92-500, Title IV, Section 401 Water Quality
Authority/Regulation: Certification
Category of Business Agriculture & Forestry & Fisheries, Construction,
Regulated by Permit: Utilities &Transportation &Communications, Mining,
Manufacturing, Recreation, Services, Government
"'Fees and Requirements
Fees: Type Amount Returnable
None
Additional 1. Maps
Documentation: Always Required
2. Plans
Always Required
3. Environmental Assessment
Always Required
4. Professional License
Sometimes Required
5. Drawings
Always Required
6. Photographs
Sometimes Required
7. Bonding
Sometimes Required
8. Specifications
Sometimes Required
9. Project Description
Always Required
Comments:
Supplemental Permits
None
Comments:
Special Requirements: 1. Public Notice
Sometimes Required
2. Public-Hearing
Sometimes Required
3. Inspection
2 of 4 10/25/01 8:28
�.vai.naa.a vJnll„apc.a.iuiva.�J u.a�.�in7.Tr.bva...i.aa,..a.j.uiig'vi..i.:...Z.'.....SS.vEia.,.✓wu::r...:.w.a.nrS"aiu.a'tn..iar, a�...f..�i�.,
Agency: NYS Department of Environmental Conservation;
Regional or District Offices
Address:
Phone:
Other Sources Agency Regional Offices; Agency District Offices;
of Applications: Internet
Web Address: hqp://www.dec.state.nv.us/dcs/interface a.html
4 of 4 10/25/01 8:28
DEPARTMENT OF STATE
George E.Pataki Division of
Governor Coastal Resources
ti Randy A.Daniels
.;Ah 41 State Street
Secretary of State
Albany,NY 12231-0001
I October 1, 2001
John Edler a `1"° OCT — 52QQ� (' 11 I
4;
i'l
130 Cleaves Point Road
P.O. Box 239 �, __
East Marion NY 11939 1— - r r r '
Re: F-2001-0570
U.S. Army Corps of Engineers/New York District Permit
Application 9
John Edler-construct two 40' low profile groins, fill 100 cy
Orient Harbor
Town of Southold, Suffolk County
File Closed -- - -
Dear Mr. Edler:
On September 29,2001,the Department of State(DOS)was informed by the U.S.Army Corps of Engineers(Corps)
that the application you submitted to that agency regarding the above matter is not being actively reviewed through
the Corps' Eastern Permits Section and that agency's permit application process.
Pursuant to 15 CFR Part 930.51(d),the DOS review of activities requiring federal agency authorizations is limited
to activities that are the subject of active application processes. Since the permit application regarding this matter
is not undergoing active review by the Corps, the DOS has terminated its review of your consistency certification
for this proposal. This action on the part of the Department is not and should not be construed as or presumed to be
a consistency decision by this Department pursuant to 15 CFR Parts 930.62 or 930.63.
Please call me at(518)486-7670 if you have any questions regarding this matter.
Sincerely,
Christine Nelson
Coastal Resources Specialist
Consistency Review Unit
SCR:CN:pm
c: COE/NY District-Marc Helman
NYS DEC/Region 1 -John Pavacic
Southold Town Trustees-Albert Krupski
Voice:(518)474-6000 Fax:(518)473-2464 E-mail coastal@dos.state.ny.us
www.dos.state.ny.us/cstl/cstlwww.litiiil
- 779
. _..New York State Department OA Environmental Conservation
50 Wolf Road, Albany, New York 12233
November 6, 1991
Thomas C.Jorling
RECElIVED Commissioner
Mr. Scott Harris, Supervisor
Town of Southold NOV . 8 a99,1
53095 Main Road
P.O. Box 1179
Southold, NY 11791 � �r4`""? Cler#c
Dear Mr. Harris:
I am pleased to transmit a copy of commissioner. Jorling's
certification and approval of the Town of Southold' s coastal'
erosion hazard area management program. 'With this certification,
the Town of Southold is hereby authorized to implement the
purposes and .policies of ECL Article 34 . and 6NYCRR Part 505
through administration of _Local Law No. -24 .of 1991, entitled,
"Town of Southold Coastal Erosion Hazard Areas Law" .
Please keep in mind that Commissioner Jorling has approved
the package' of materials transmitted -to him on October 9 , 1991;
and two submittals dated September 16, 19.91 and October 10, 1991,
ensuring this office that the Town will administrate and enforce
the purposes and policies of Article 34 and minimum standards of
6 NYCRR Part 505. Any amendments to the Town of Southold' s
coastal erosion hazard area management program that relate to the
minimum standards of 6NYCRR Part 505 . 17 (a) will require approval
by the Commissioner of DEC (ECL 34-0105 (4). ) .
If you or anyone involved in the administration .of the Town
of Southold ' s local coastal erosion hazard area management
program has questions or needs technical assistance, please
contact a DEC coastal erosion management staff member in Stony
Brook at (516) 75177900 or in Albany at (518) 457-3157 .
We look forward to working with the Town. of Southold in the
management of its important coastal resources.
Sincerely,
William W. a
Chief
Coastal Erosion Management Section
Enclosure
cc: Raymond Cowen, III, DEC; Bill Southard, DEC; Roger Evans,
DEC; Tim Cooke, DEC; Susan Quine, DEC; Judith Terry,
Southold; John Bredemeyer, III, Southold;. Harvey Arnoff,
Southold; Matthew Kiernan, Southold; Chairperson, Southold
Town Planning Bd. ; Lee Koppleman, LIRPB; Elizabeth Taibbi,
Suffolk Co. ; Patrick Halpin, Suffolk Co. ; Arthur Kunz ,
Suffolk Co. Juliette Kinselle, Suffolk Co. Mouthold.016
1
I
STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
--------------------------------------------------------=-----X
In the Matter of the Application of the
TOWN OF SOUTHOLD FINDINGS AND
DECISION
Ifor Approval of a Local Program
' Implementing Article.34 of the '
Environmental Conservation Law, the _
Coastal Erosion Hazard Areas Act
--------------------------------------------------------------X i
i
WHEREAS it is the policy of New York State under Article 34 of the
Environmental Conservation Law ("ECU), the Coastal Erosion Hazard Areas Act
("Act"), to identify those areas of New York's coastline most prone to damage from
erosion,. and to regulate activities, development and other actions in such areas so as to
protect natural protective features and to prevent or reduce erosion impacts; and
WHEREAS in accordance with my. August 29, 1988 Order issued pursuant to
ECL §34-0104, the final identification of coastal erosion hazard areas for the Town of
Southold was filed on September 14, 1988; and
�! WHEREAS the Act•provides for the implementation of its regulatory
requirements by local governments in the first instance; and
i
WHEREAS ECL §34-0105 requires the Commissioner of Environmental
• I
Conservation to review and certify local laws or ordinances for consistency with the
!!
. � purposes of the Act and with minimum standards promulgatedb the Department
artment P
pursuant to ECL §34-0108 and set forth in 6NYCRR Part 505; and
i
i
. ' WHEREAS Department staff have reported to me the result of their review of:
(1) Local Law #24 of 1991 of the Town of Southold adopted by the Southold Town
is
I' Board on October 8, 1991 entitled, "Town of Southold Coastal Erosion Hazard Areas
Law", and certified by Town Clerk Judith T. Terry on October 9, 1991; and (2) two
{ submittals, dated September 16, 1991 and October 10, 1991, addressing the Town's 1
1
administrative and enforcement capacity as required under§505.16; and l
WHEREAS I find that such.local law contains substantive and procedural terms
which are consistent with the Act and'Part 505.and which fulfill the necessary standards
therein; and
I'
' WHEREAS I find that the Town of.Southold has,the administrative capacityto
regulate coastal erosion hazard areas within its jurisdiction in a manner consistent with.
' the Act and Part 505; and
WHEREAS approval of such local program will serve compelling interests,
including protection of the resource and advancement of the salutary purposes of the
l
Act',
NOW THEREFORE pursuant to ECL §34-0105 and in accordance with the
foregoing findings, I hereby approve the local coastal erosion hazard area management
program. of the Town of Southold.
li Dated: Albany, New York '
.1991 j
i
Thomas C. Jorli g, Commi sioner
Department of nvironmental j
Conservation of the State of
New York i
i
B:Southold.023
i
i i
DEPARTMENT OF STATE
George E.Pataki Division Of
s Governor Randy A.Daniels Coastal Resources
; . 41 State Street
.Secretary of State
Albany,NY 12231-0001
Fi
L J
September 17, 2001
SEP
2 1 200,
John Edler i
130 Cleaves Point Road J
P.O. Box 239 '
East Marion,NY 11939
Re: F-2001-0570
U.S. Army Corps of Engineers/New York District Permit
Application
John Edler-construct two 40' low profile groins, fill 100 cy
Orient Harbor
Town of Southold, Suffolk County
Request for Necessary Information and Data
Dear Mr. Edler:
.We received your response to our request for information on August 17, 2001. As we have indicated, it does not
appear appropriate to construct the proposed groins which will interfere with and prevent natural coastal processes.
The Department of State recommends that you withdraw your proposal.
If you do not plan to withdraw your proposal, pursuant to 15 CFR Part 930.58,the following data and information
is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed activity:
A copy of the Town of Southold Trustees permit for this project indicates the permit will expire on September 22,
2001. Please indicate whether or not you have requested and/or received an extension of this permit that was issued
on September 22, 1999.
You stated that the purpose of the activity is "Restoration of beach to original social, economic, recreational,
environmental and protective status. Please clarify this statement, specifically,justifying the need for this proposal.
You have indicated that two existing rock groins control the estuary shoreline dynamics in the area. Bulkhead and .
groin structures often result in increased erosion of downdrift areas by interfering with the natural accretion and
erosion processes. Rather than constructing additional shoreline stabilization structures, you should assess the
viability of removing the existing bulkhead and groin structures to restore natural coastal processes.
You have indicated that restoration of the 45'wave energy dispersal beach would restore public access to Aqua Foods
Inc.'s beach. It appears the dispersal beach would be privately owned. Please indicate how restoration of a private
beach would restore public access at this site and facilitate access to the beach at the end of East Gillette Drive.
Please provide a copy of the deed and survey for this site that clearly shows your property lines in relation to the
proposed structures and fill. That information is necessary in order to assess the affects the proposal would have on
public land and uses of those-lands.
Please provide the information requested above as soon as possible. If this necessary information and data is not
Voice:(51S)474-6000 Fax:(51S)473-?464 E-iiiailco;i,,tal@dos.state.ny.us
www.dos.state.nv.us/cstl/cstlww«,.htntl
provided within thirty days of the date of this letter, the Department of State may close the file regarding this
proposed activity. If the Department closes the file and does not concur with the consistency certification'provided
for this proposed activity,the consistency provisions of the federal Coastal Zone Management Act prohibit federal
agency authorization of the activity.
If you have any questions regarding this matter,please call me at(518)486-7670.
Sincerely,
Christine Nelson
Coastal Resources Specialist
Consistency Review Unit
VAB:CN:pm
c: COE/New York District-Marc Heiman
NYSDEC/Region 1 -John Pavacic
Southold Town Trustees-Albert Krupski
I _ ARTMENT OF STATE
George E.Pataki Division of
Governor Coastal Resources
Randy A.Daniels
Secretary of Stare 41 State Street
Albany,NY 12231-0001
I'
September 12,2001
Mr.Anthony Napolitano
200 Cleaves Point Road
East Maion,New York 11939
Re: F-2001-0610
U,S.Army Corps of Engineers/New York District
Anthony Napolitano-Jetties and Beach Fill -Orient Harbor
Town of Southold, Suffolk County
Request for Necessary Data and Information
Dear Mr.Napolitano:
The Department of State received your Federal Consistency Assessment Form and consistency certification,
supporting information,and additional requested information regarding the above matter on August 22,2001.
Pursuant to 15 CFR Part 930.58,the following data and information are necessary to enable the Department of
State to adequately assess the coastal zone effects of this proposed activity:
A copy of the permit purportedly issued for this project by the Town of Southold Town Trustees does not appear
to be executed and includes three special conditions for additional agreements regarding re-vegetation,
relocation,and maintenance. Please provide a copy of these additional local permit conditions to the Department
of State together with an fully executed copy of the permit. The Town Trustees permit for this project is valid for
a period of two years and will expire on September 22, 2001. Please indicate whether or not this local
authorization to conduct the proposed activities on Town-owned lands been extended or re-issued.
TD /VD(/.
Your stated purpose for the proposed activities is the"[r]estoration of beach to original social,economic,
recreational, environmental and protective status." Please elaborate on this statement,particularly with regard to
"social"and"economic'status.
The upland at the proposed activity is purported to be entirely privately owned. Other than the Public Trust
Doctrine lands and waters of the intertidal area,please indicate if any other area of this property publicly
accessible.
You should assess the viability of removing the existing rock groin and adding beach nourishment material to the
shoreline instead of building new structures in the publicly owned intertidal area. Please-provide a thorough
evaluation of alternative measures to the Department of State,particularly placing beach-nourishment material
along the project shoreline,for erosion protection.
Please provide the information requested above as soon as possible. If this necessary information and data are
not provided within thirty days of the date of this letter,the Department of State may close the file regarding this
proposed activity. If the Department closes the file and does not concur with the consistency certification
provided for this proposed activity,the consistency provisions of the federal Coastal Zone Management Act
prohibit federal agency authorization of the proposal.
Voice:(518)474-6000 Fax:(518)473-2464 E-mail coastal@ dos.state.ny.us
www.dos.state.ny.uskstl/cstlwww.html
Mr. Anthony Napolitano
Page 2
If you have any questions, please contact me at(518)402-3399. When communicating with us regarding this
matter, please refer to our file number above(F-2001-0610).
Sin rely,
nceA.Barri
Coastal Resources Specialist
Consistency Review and Analysis
VAB/jma
cc: COE/New York District Marc Helman
NYS DEC Region I-John Pavacic
Southold Town Trustees-Albert Krupski
THE REV. CANON JOHN R. EDLER
P.O. BOX 239
130 CLEAVES POINT ROAD
EAST MARION, NY 11939 - 0239
(631) 477-0111
September 5, 2001
David M. Poleto, Director
GORR
Gov. Alfred E. Smith State Bluilding - 17th Floor
POB 7027
Albany, NY 12225 - 0027
Dear Director Poleto:
Since you have the authority to rectify abuses of the State Regulatory Process, I
submit materials showing such abuses by the NYSDEC.
1. Submission I - Issues of controversy from second DEIS
2. Submission 2 - Ray Cowen's statement in NY TIMES Oct. 1, 2000 article.
3. Submission 3 - Results of researching Cowen' statement led to March 30, 2001,
which has never been answered.
4. Submission 4 - August 16th, 2001 letter from Marc Heiman, Acting Chief, COE
Eastern Permit Section. Which is oblivious to the fact that the Southold Town
Board of Trustees had the final jurisdiction to issue the Coastal Erosion
Management Permits which the applicants possess.
Along with the intent of requesting of you a solution to this abused permit
process, another intent is to bring to your attention the conflict and abuses that lie
ahead if PEPCCMP HLR-2.2_ is implemented, as recommended, with NYSDEC as the lead.
What has been learned from this experience is
1. The NYSDEC, without an on-site inspection, from behind a desk, with pre-
conceived assumptions on coastal shoreline dynamics, 'reviews coastal
engineers' applications with staff who are not state licensed as engineers,
contary to the State Engineer Licensing Law; and in so doing bend the State
Regulations to their preconceived conclusions..
2. On the other hand, overlooked is the fact that the local Township Boards are
local residents independently elected by voters. As such they know the
difference between Ocean and Sound coastal shoreline dynamics as against
Estuary coastal shoreline dynamics. On an application the whole elected body
makes an on-site inspection; followed by a public hearing where there is a
give-and-take amongst the board, the applicants, the public and coastal
engineers before a decision is made conforming to the regulations. Isn't it
logical that this is the superior way to function?
Following the example of ECL 34, implementation of PEPCCMP HLR-2.2 should be
given to the local independently elected Town Boards.
Sorry that there is so much material. But in a way it only scratches the surface.
Sincerely yours,
John R. Edler
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K.JAVITS FEDERAL BUILDING
NEW YORK,N.Y. 10278-0090
REPLY TO August 1G, 2001
ATTENTION OF:
Eastern Permits Section
SUBJECT: Withdrawal of Application Nos . 1997-07870-L2 ; 2001-
01018-L2 ; 2001-01019-L2; and 2001-01030-L2
John Edler
130 Cleaves Point Road
PO Box 239
East Marion, New York 11939-0239
Dear Mr. Edler:
On June 18, 1.997 and July G, 2001, the New York District of
the U. S. Army Corps of Engineers received requests for a
Department of the Army jurisdictional determination and
authorization for the installation of groins and placement of
fill in Orient Harbor, Gardiners Bay located at East Marion, Town
of Southold, Suffolk County, New York.
The New York State Department of Environmental Conservation
(NYSDEC) issued a Positive Declaration for these proposed
activities under State Environmental Quality Review Act
Regulations .in June, 1998 . As a result of this Positive
Declaration, an Environmental Impact Statement (EIS) which
encompasses all of the above-referenced applications . must be
prepared.
Therefore, these applications are being withdrawn pending
receipt of a NYSDEC-approved Draft EIS . In light of this, we are
closing our files on Application Nos . 1997-07870-L2 ; 2001-01018-
L2; 2001-01019=L2 ; and 2001-01030-L2 .
You are reminded that a Department of the Army permit may be
required for any work on this site . If you decide to implement
any project on this site in the future, please submit a timely
and completed application for our review. The action taken at
this time will in no way adversely affect your future request or
any other applications you may submit for work in waters of the
United States .
If any questions should arise concerning this matter, please
contact Jodi M. McDonald of my staff at (212) 2G4-G730 .
Sincerely,
Marc Helman
Acting Chief
Eastern Permits Section
Albert J. Krupski, Pr' ent Town Hall
James King,Vice-Presiaent vOS�FF���C 53095 Route 25
Artie Foster �� ��j P.O.Box 1179
Ken Poliwoda C y< Southold,New York 11971-0959
Peggy A.Dickerson CA _
Telephone(631) 765-1892
Fax(631) 765-1366
BOARS OF TO�T 'P�4vSTBBS
'. �.
TOWN OF SO UTHOLD
February 21, 2002
Mr. Join:Edler
130 Cleaves Point Rd.
East Marion,NY 11939
RE: 130 Cleaves Point Rd., East Marion
SCTM#38-2-32
Dear Mr. Edler:
The following action was taken by the Southold Town Board of Trustees at their Regular
Meeting held on Wednesday, February 20, 2002:
RESOLVED that the Southold Town Board of Trustees ?=ts a Gnc- !ear EYtc-:ision tc Wetland
�'Einit#4825 nd Coastal Erosion Permit 45065 to construct tyro (2 �0' '.o:� ;�r: iJ.e grans that
v.fi?.l be-in at tre highest vertical point, which is at the whairr of fhe baiiuicad anc ac pre-f liirig.
Yermisa;nei;.ded 9/22/99 to reinstate permission to use fall ui,cr+. >:_:�trictiilg gins. Pennits
v ili ::xp:re on November 21, 2002.
T'"is is.not aj.1 approval from any other agency.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK:Ims
DEC
ACE
Dept. of State
THE REV. CANON JOHN R. EDLER
P.O. BOX 239
130 CLEAVES POINT ROAD
EAST MARION, NY 11939 - 0239
(631) 477-0111
February 4,12002
Attorney Steven Cyzdek
GORR - Gov. Alfred E. Smith State Building
- 17th Floor
POB 7027
Albany, NY 12225 - 0027 j FEB
49002
Dear Attorney Cyzdek: r
Attached is memo with matters addressed at 02/01/03 meeting. --
Result. On Town Attorney's advice the Coastal Erosion Management Permits 5065, 5066,
5067, 5068 and Tidal Wetlands Permits 4825, 4826, 4827, 4828 were extended to
November 2002. Keeping them current to aid GORR's corrective action.
The basic problem to focus on is besides all NYSDEC Region 1's erroneous and non-
jurisdictional use of the Regulations in arriving at the Positive Declaration, do they, as
claimed to you, have any Tidal Wetlands Jurisdiction in the Coastal Erosion Hazard Areas
of the Town of Southold? Remembering that the Town Board of Trustees have been an
elected part of Town Government long before ECL, consider this precedence.
1971 - Chapter 97, Wetlands Ordinance of the Town of Southold
Adopted by the Town Board of the Town of Southold June 29, 1971
1974 - ECL
1977 - ECL Article 25 - Tidal Wetlands Act Regulations §661 effective Aug 20, 1977.
1984 - ECL Aricle 34 - Coastal Erosion Hazard Act §505 perfected the policy of the Tidal
Wetlands Act by specifing areas subject to erosion and thus requiring stricter
standards: i.e. adding to policy the protection of "natural protective features"
"man-made property" and "human life" with structures designed by professional
engineers with survival longevity and maintenance of at least 30 years; extended
offshore jurisdiction from 6 feet to 15 feet water depth; redefined beach
definition from landward of mean high water to landward of mean low water.
1988 - Maps of Coastal Erosion Hazard Areas of Town of Southold were finalized.
1991 - November 6th - Town Board of Trustees certified under ECL Article 34 §505.17(a)
as Administrators of ECL Article 34 §505
Southold Town Ordinance requiring in a Coastal Erosion Hazard Area not only a
Coastal Erosion Management Permit, but also a Tidal Wetlands Permit.
ECL Article 34 §34-0107.4 Department Regulation of Coastal Erosion Hazard Areas states:
"Nothing in this section shall be construed to prohibit any local government from
adopting and enforcing any ordinances or local laws, or exercising any other lawful
powers within any area governed by erosion hazard area regulations adopted pursuant to
this section, provided, however, that the extent of any inconsistency between a county,
city, town or village ordinance or local law and erosion hazard area regulations adopted
pursuant to this section, the latter shall apply."
Since the Town Trustees, with proper jurisdictional authority of ECL Articles 34 & 25 can
review and issue permits in a Coastal Erosion Hazard Area; to honor NYSDEC Region 1's
contention that they still have jurisdiction in a Coastal Erosion Hazard Area under ECL
Article 25 § 661 would not only be an unnecessary duplication of the Town Trustees
actions, but also would be condoning an action inconsistent with the intent of ECL Article
34 §34-0107.4 & §505.17(a) by allowing them, using a less stringent ordinance (ECL
Article 25 §661), to have the final determination as has happened in this matter.
NYSDEC Region 1's cavalier administration of ECL Articles 8, 25, 34, and 70 not only add
unnecessary confusion and consternation to the Suffolk Town Board of Trustees task, but
also unnecessary costs to the proposed projects property owners.
Certainly GORR has the authority to rectify this situation. The detailed specificity in
these documents is intended to assist you in this task.
Thank you for your perseverence with this problem.
Sincerely,
dl�7s
cc: Horton, Supervisor, Town of Soutrhold
Gregory Yakaboski, Town Attorney
Albert J. Krupski, Jr., President, Town Board of Trustees
THE REV. CANON JOHN R. EDLER
P.O. BOX 239 tJtU
130 CLEAVES POINT ROAD rh
EAST MARION, NY 11939 - 0239
(631) 477 - 0111
June 28, 2001
Southold Town Hoard of Trustees "
Southold Town Hall
Main Road, Southold, NY 11971 JUN
Dear Town Trustees:
Please extend the following permits for one year
Permit # 5065 John Edler
Permit # 5067 Norman Taylor
Permit # 5066 Frank Tomasini
New owners Paul Lieblich & Candida Harper
Permit # 5068 Anthony Napolitano
Thank you.
Sincerely,
John R. Edler
Albert J. Krupski,President �QSUFFOI/r Town Hall
James King,Vice-President G� 53095.Route 25
Henry Smith c P.O.Box 1179
Artie Foster en Z Southold,New York 11971-0959
Ken Poliwoda Telephone(631) 765-1892
Fax(631) 765-1366
13OAMD OF T0147N TRUSTEES
TOWr? OF SOUTHOLD
September 221, 2000
John Edler s
130 Cleaves ,Point Road
- - East Marion.; NY 11935.
RE: SCTM#38'-2-32 -
Dear Mr.Ed.ter:
The following action was taken at the Southold Town Board of
Trustees Regular Meeting on September 20, 2000
J
RESOLVED, that the Southold Town Board of Trustees grant a one
year extension to Permit #4825 to expire November .. 21, 2001, to
construct 2--401low profile groins that begin at the highest
vertical point which is at the whaler of the bulkhead and no
pre-filling. Permit amended 9/22/99 to reinstate permission to
use fill, when constructing groins . This will be the final
ext.ensi0i_ allowed c-,, this. permit:. Located:- 130 Cleaves Point
HowEw�s°, this determination is not a de�:.ermination from and.
other, agency '.
If you ,.��vs-any questions , .please contact',otir office at 765-1'392
Sincerely,
Albert Krupski, Jr.
President, Board of Trustees
AJK/cjc
Albert J. Krupski,President Town Hall
James King,Vice-President 53095 Main Road
Henry Smith � P.O.Box 1179
Artie Foster � $ Southold,New York 11971
Illy
}c tit46`'f.
Ken Poliwoda d
Telephone(516) 765-1892
Fax(516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
October 28, 1999
Candida Harper
290 Cleaves Point Road
East Marion NY 11939
RE: SCTM #38-2-34
Dear Ms . Harper,
The following action was taken by the Southold Town Board of
Trustees at their Regular Meeting on October 27, 1999 :
RESOLVED, that the Southold Town Board of Trustees grant a
Transfer of Permit #4827 from Frank Tomasini to Candida Harper
and Paul Lieblich III . and a one year extension on this permit
to expire November 21, 2000, to construct 2- 40 ' low profile
groins that begin at the highest vertical point which is at the
whaler of the bulkhead and no pre-filling. Permit amended
9/22/99 to reinstate permission to use fill when constructing.
groins . Located: 290 Cleaves Point Road, East Marion.
However, this determination is not a determination from any
other agency.
If you have any questions, please call our office at 765-1892 .
Sincerely,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/djh
THE REV. CANON JOHN R. EDLER
P.O. BOX 239
130 CLEAVES POINT ROAD
EAST MARION, NY 11939 - 0239
September 2, 1999
Southold Town Board of Trustees
Southold Town Hall
Main Road, Southold, NY 11971
Dear Town Trustees:
Please extend the following permits for one year
Permit ## 4825 John Edler
Permit ## 4826 Norman Taylor
Permit ## 4827 Frank Tomasini
New owners Paul Lieblich & Candida Haper
Permit ## 4828 Anthony Napolitano
As discussed with Diane, Monday, August 30th, 1999, Coastal
Erosion Applications will follow, Since proposed groins are
predominantly in Adjacent Area according to NYSDEC TIDAL WETLANDS
Inventory Map 722-554, ##4, consideration should be given to
removing "no prefilling" restriction.
Thank you.
Sincerely,
John R. Edler
Albert J.Krupski,Presiaent �OSVFF�(�CO Town Hall
James King,Vice-President �O �j 53095 Main Road
Henry Smith y1 P.O.Box 1179
o Southold,New York 11971
Artie Foster W 2
Ken Poliwoda $ �� Telephone(516)765-1892
�1 �a0 Fax(516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
October 28, 1999
John Edler
130 Cleaves Point Road
East Marion NY 11939
REi SCTM #38-2-32
Dear Mr. Edler,
The following action was taken by the Southold Town Board of
Trustees at their Regular Meeting on October 27, 1999 :
RESOLVED, that the Southold Town Board of Trustees grant a one
year extension to Permit #4825 to expire November 21, 2000, to
Construct 2- 40 ' low profile groins that begin at the highest
vertical point which is at the whaler of the bulkhead and no
pre-filling. Permit amended 9/22/99 to reinstate permission to
use fill when constructing groins . Located: 130 Cleaves Point
Road, East Marion.
However, this determination is not a determination from any
other agency. .. . -
If you have any questions, please call our office at. 765-1892 .
Sincerely,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/djh
THE REVEREND CANON JOHN R. EDLER
P.O. BOX 239
130 CLEAVES POINT ROAD
EAST MARION, NY 1 1 9 39-023 9
September 28, 1999
Ms. Darleen M. Gerbino, Environmental Analyst
NYSDEC - Region 1
Building 40 - SUNY
Stony Brook, NY 11790-2356
RE: Application I.D. 1-4738-01609/00001
Application I.D. 1-4738-01611/00001
Application I.D. 1-4738-00734/00004
Application I.D. 1-4738-00735/00007
Dear Ms. Gerbino:
Thank you for the list of DEIS reviewers.
Judge O'Connell recommended that the following information be shared with
NYSDEC - Region 1 to see the reaction.
In preparation for"extending the November 18, 1997 permits for the above
applications, the Southold Town Board of Trustees, at their September 22, 1999 meeting,
took the following actions:
1. To clarify the record, they stated that the November 18, 1997 issued
permits were CEHA permits.
2. They amended them to permit sand filling.
The reason for the action was that on close scrutiny of the NYSDEC Inventory Map
722-554, the delineation line revealed that the majority of the proposed projects' area was
in the adjacent area, not in the tidal wetlands.
When the applications were received, on June 3 1997, for review by NYSDEC-
Region 1,
was the delineation line researched?
If no, why not?
If yes, why was it not respected?
were the applications researched as being in a Coastal Erosion Hazard Area?
If no, why not?
If yes, why were they and the DEIS never reviewed by the NYSDEC state
licensed Professional Engineers knowledgeable in coastal erosion?
Enclosed is a copy of Exhibit B 1 showing the delineation line overlay.
A-prompt response would be appreciated.
„r _
Sincerely,
P� GGGISDO
R. Edler
_ u�cc'L_ ani�l P:= O'Connell, ALJ, Office of Hearings, NYSDEC,Albany (Has copy of B 1)
/Albert J. Krupski, Jr., President, Southold Town Board of Trustees (Has copy of B 1)
'S Albert J. Krupski,President ;(f g� ® ra1° L, Town Hall
James King,Vice-President ;of k" s 53095 Main Road
Henry Smithr� P.O.Box 1179
Southold,New York 11971
Artie Foster
Ken Poliwoda °�� F' -
�%. ��f r � Telephone(516) 765-1892
✓� .�� Fax(516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
September 22, 1999
John Edler
130 Cleaves Point Road
East Marion NY 11939-0239
RE: SCTM #38-2-32
Dear Mr. Edler,
The following action was taken by the Southold Town Board of
Trustees at their Regular Meeting .on September 22, 1999 :
RESOLVED, that the Southold Town Board of Trustees grant an
Amendment to Permit #4825 to reinstate permission to use fill
when constructing groins . Located: 130 Cleaves Point Road, East
Marion.
However, this determination is not a determination from any
other agency. �-
If you have any questions, please call our office at 765-1892 .
Sincerely,
Albert J. KruP ski, Jr.
President, Board of Trustees
AJK/djh
cc. Building Dept.
Albert J. Krupski,President �3 Town Hall
James King,,Vice-President e <` �' 53095 Main Road
Henry Smith Z* tilj"41 F P.O.Box 1179
Artie Foster Ra }� ^��+, ? Southold,New York 11971
Ken Poliwoda °4� _ y* � Telephone(516) 765-1892
j' Fax(516) 765-1823
BOA-IRD OF TOW14 TRUSTEES
TOWN OF SOUTHOLD
COASTAL EROSION MANAGEMENT PERMIT
DATE: September 22, 1999
Permit Number: 5065 SCTM #38-2-32
Name of Applicant/Agent: JOHN EDLER
Name of Permittee: JOHN EDLER
Address of Permittee: 130 Cleaves Point Road, East Marion
Property Located: Same
DESCRIPTION OF ACTIVITY: To construct 2- 40 ' low profile groins
that will begin at the highest point which is at the whaler of
the bulkhead and reinstate permission to use fill .
Date of permit issuance: September 22 , 1999
This permit is valid for a. period of two years from the date of
issuance.
SPECIAL CONDITIONS apply if checked
Bluff restoration through a re-vegetation agreement is
attached hereto and is a necessary special condition of this
permit.
A relocation agreement is attached hereto and is a
necessary special condition of this permit.
A maintenance agreement is attached hereto and is a
necessary special condition of this permit.
Albert J. Krupski, Jr.
President, Board of Trustees
New York State Department of Environmental Cons o. EP '2 81998
Building 40-SUNY,Stony Brook, New York 11790-2356
Telephone(516)444-0365 TO ��9 OF SO
Facsimile Facsimile (516)444-0360
John P.Cahill
Commissioner
September 24, 1998
TO: Distribution List
RE: Final Scope for:
Application I.D. 1-4738-01609/00001- Edler Property
Application I.D. 1-4738-01611/00001-Napolitano Property
Application I.D. 1-4738-00734/00001 -Lieblich &Harper Property
Application I.D. 1-4738-00735/00001-Taylor Property
We have completed a review of your draft scope for the preparation of an Environmental Impact
Statement and have received no comments.
Accordingly, enclosed is a copy of the Final Scope. You must prepare a Draft Environmental Impact
Statement in accordance with the Final Scope and the State Environmental Quality Review Act(SEQRA) and
its implementing regulations (6NYCRR Part 617).
Although SEQRA does not specify any time frames for the preparation of the Environmental Impact
Statement,we wish to remind you that your hearing is pending and, therefore, it is in your best interest to
conclude this process as soon as possible.
Please do not hesitate to contact me at(516)444-0404 if you have any questions.
Sinc rely,
Darleen M. Gerbino
Environmental Analyst
Distribution List:
John Edler
Paul Lieblich& Candida Harper
Norman Taylor
Anthony& Susan Napolitano
cc: J.H. Geideman,P.L.S
Lawrence Tuthill,P.E.
Albert Krupski,Board of Trustees,Town of Southold
U. S. Army Corps of Engineers,Regulatory Branch,New York District
Walter F. Meyer, Coastal Resources Specialist,NYSDOS
Fred Anders, Coastal Specialist,NYSDOS
Daniel P. O'Connell, ALJ,•Office of Hearings,NYSDEC
Craig Elgut, Asst. Regional Attorney,NYSDEC
File
Albert J. Krupski,President � Gy Town Hall
John Holzapfel, Vice President o < 53095 Main Road
A
Jim King
r �? P.O. Box 1179
Martin H. Garrell �y �� Southold,New York 11971
Peter Wenzel ��j �►a� Telephone (516)7654892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
r
August 18; 1997
James Haggerty
DOE/NY
26 Federal Plaza
New York NY 10278-0090
Re: SCTM #38-2-32, 33, 34; & 35
Dear Mr. Haggerty,
This letter concerns the Sohn Edler, Anthony Napolitano,
Frank Tommasini & Norman Taylor applications to build groins
and fill them with sand.
To our knowledge there is no mention of dredging in the
application.
The fill material may. come from an approved dredge project,
however, as long as it is approved clean fill we are satisfied..
If you have any questions, please feel free to contact me at
Town Ball, 765-1892.
Sincerely
d�E�
Albert J. Krupski, Jr.
President, Board of Trustees
cc. J. Edler
A. Napolitano
F. Tommasini
N. Taylor
AJKJdjh
CLEAVES POINT CONDOMINIUMS
❑ VILLAGE ❑ COMMONS ❑ CLUB AND MARINA, INC.
CPC P.O. BOX 29
GREENPORT, NEW YORK 11944 R
, 477-8657 FAX(51 )477 8657 Now 12
A - 8OW
July 7, 1997 TOWN OF SOUTH�1
ELD
Town of Southold
Attn: Trustees - Jill Dougherty, Secretary
53095 Main Rd.
P.O.Box 1179
Southold, New York 11971
Dear Jill:
A few weeks back, Mark_Solomon, representing our community, stopped-by your office to inquire about
the matter before the Trustees as reported in the attached article. In as much as Cleaves Point is
adjacent to property noted in 'the article, and we too are experiencing erosion, please include our site in
future field inspections in relation to this project. Should we have to express our problem through
additional communications, please advise.
We would appreciate notification of a field inspection and would plan to meet with the Trustees at this
time.
Thank you for your assistance.
Since ely yours,
�.WJGV1� C" —"
Susan Hallock
Enclosure
G The,Suffolk,Times. May B •1997
Neighbors Mount Battle vs. Erosion
Groins sought to rebuild
vanishing bayfront beach
By Tim KellyWE
EAST MARION—Trustees come and trustees go, s � � q,
but the board in charge of regulating the town's wet w, r :�
lands has for years operated with one constant, if un �r,''• q a r s�•=
written,rule on new bayfront groins:Just say no. K t A
The reason for that is simple.The trustees,and oth-
ers,believe that such hard structures designed to stabs
lize beachfront areas often cause more damage than .
they cure.But in the case of a group of homeowners
w -pp-
with properties facing Gardiners Bay here,the board is
considering making an exception. r � "
The homeowners have made application for six 40
foot"low-profile"wooden groins.They say they need
that protection to reverse a dramatic ' : r
'It's not reduction in the beach behind their - _ � i' �w;`W
normal bulkheading caused by such struc f y�3i
ch
tures both to the east and the west �� ®�e
erosion; and several severe storms over the i I _ From page 6
that's the past few years. t Gardiners Bay community,. z a Estates co
If the trustees, the state Depart t; �S, } _� ; ji _ Y y and at
point. f ,, ; � �` the inlet leading to a former oyster farm
ment of Environmental Conserva � - Fx *' ��`: to the west.
—Trustee tion and the Army Corps of Engi �'• r J "Once someb
president Al neers all say yes, trucked in sand T k i e od
Y puts one in it be-
r Krupski will cover over the groins to forma comes necessar yt ,: ' � r ' Kin It' Y,"said Trustee James
t g people eo s like bulkheading; once you
new beach. i s do it the le who don't have it wind
"There's no other way,"said John Edler,who would ` '"" '` ."
Y Suffolk Times photo by Judy Ahrens up in trouble."
have two of the groins on his Cleaves Point Road prop- THE LOST BEACH East Marion resident John Edler pointing out eroded areas along the short of The jetties would be small enough to
step erty. Less than five years ago, that area enjoyed a 45- Gardiners Bay,where he and a group of neighbors are hoping to create a groin field. p across,said Mr. Edler. The home-
foot-long beach, Mr.Edler said.But now the bay laps owners do not yet know the cost of the
at the bulkheading at high tide. homeowners are considering a similar effort to rebuild "It's not normal erosion;that's the point,"Mr.Krups- work, he said, but they did suffer
"We're the Goldsmith Inlet in miniature,"he said, their beach with sand dredged from the shoaled over ki said. "Normal erosion would take decades to reach $80,000 in damage to their bulkheading
drawing a parallel to his land and Kenney's Beach in entrance to the oyster farm inlet. that point." during the December 1992 nor'easter.
Southold,where continuing erosion has been blamed Trustee president Al Krupski said the homeowners There are jetties on either side of Mr.Edler's and his The trustees took comments on the
on the Goldsmith Inlet jetty to the west.Each year the have made a pretty convincing case,including produc- neighbors'properties.Such structures are found at the application during a public hearing last
town takes material dredged from that inlet and places ing photos showing that their beach has lost three feet Wednesday.
it on the eroded beach to the east. The East Marion of elevation in the past two years. See Beach,page 25 sion awaiting comments t from he DEC.
Alberti. Krupski,President � Gy Town Hall
John Holzapfel, Vice President Cz 53095 Main Road
co z-, Jim King �,- P.O.Box 1179
n?
Martin H. Garrell y �� Southold, New York 11971
Peter Wenzel ��.( �►a� Telephone (516) 765-1892
Fax (516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
june 30, 1997 `
Ms. Darleen M. Cerbino
NYSDEC
Bldg. 40
Stony Brook, NY 11790
Re: ANTHONY NAPOLITANO
SCTM #38-2-33
1-4738-01611/00001
FRANK TOMMASINI.
SCTM #38-2-34
1-4738-00734/00004
NORMAN TAYLOR
SCTM #SCTM #38-2-35
1-4738-00735/00007
JOHN EDLER
SCTM #38-2-32
1-4738-01609/00001
Dear Ms. Gerbino,
The Southold Town. Board of Trustees received your Lead Agency
Coordination Request form and has agreed that we do nat wish to
be lead agency for these 4 applications. pending.
If you have any questions please contact our office at 765-1892.
Sincerely,
- J
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/dj h
New York State Department of Environmental Conservation
Building 40 - SUNY, Stony Brook, New York"!1790-2356
Telephone (516) 444-0365
Facsimile (516) 444-0373
JUN j 21997
John P. Cahill
OWN OF SOUTHOLD Acting Commissioner
June 9, 1997
Town of Southold
Board of Trustees
Town Hall
53095 Main Road, PO Box 1179
Southold, New York 11971
Dear Sir/Madam
RE: LEAD AGENCY COORDINATION REQUEST
The purpose of this request is to determine under Article 8 (State Environmental
Quality Review- SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617
the following:
1. Your agency's interest in acting as lead agency;
2. Your agency's jurisdiction in the action described below; and
3. Issues of concern which your agency believes should be evaluated.
Enclosed is a copy of the permit application and a completed Part 1 of the
Environmental Assessment Form to assist you in responding.
Project Name: John Edler Groin Construction
Project Location: 130 Cleaves Point Road, East Marion, NY 11939
DEC Project Number.: 1-4738-01609/00001
DEC Permits: Article 25, Tidal Wetlands
Article 15, Protection of Waters
401 Water Quality Certification
SEQR Classification: [ ] Type I [X] Unlisted
DEC Contact Person: Darleen M. Gerbino, Environmental Analyst
Division of Environmental Permits
DEC Position:
,. [X ] DEC has no objection to your agency or another agency assuming lead agency
status for this action, but reserves the right to comment on this action if a positive
determination of significance is made.
[ ] DEC has no objection to your agency or another agency assuming lead agency
status for this action, but we have the following concerns regarding this project (see
"comments" below).
[ ] DEC wishes to assume lead agency status for this action.
[ ] The proposed action has been identified by DEC as occurring wholly or partially
within or substantially contiguous to a critical environmental area (CEA) that was
designated by . It is the
position of this Department that your agency, if it has a jurisdiction over the action, should
assume the lead agency role based.on the existence of the CEA and the fact that the
anticipated impacts are primarily of local significance.
[ ] Other. (See comments below)
Comments (Optional):
Response:
Please respond to this request within 30 days of the date of this letter. If no
response is received within 30 days, we will assume that you have no objection to DEC or
another agency assuming the role of lead agency, and have no comments to offer
regarding the proposed action at this time. If neither your agency nor any other involved
agency, including DEC, has indicated a willingness to serve as lead agency within 30 days
of this letter:
[ ] We will petition the Commissioner of DEC to designate a lead agency for this
action.
[ ] We will petition the Commissioner of DEC to designate your agency as lead,
presuming you have jurisdiction.
Please feel free to contact this office for further information or discussion.
Sinc rely, �n
'vl
Darleen M. Gerbino
Environmental Analyst
Enclosures
Albert J. Krupski,President OHO COG Town Hall
John Holzapfel,Vice President t �� y� 53095 Main Road
Cz
cc P.O. Box 1179
Jim King % • Southold, New York 11971
Martin H. Garrell
Peter Wenczel Telephone (516) 765-1892
Ol �a Fax(516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
November 19, 1997
John H. Geideman
355 Osprey Nest Road
East Marion NY 11939 .
Re: JOHN EDLER
SCTM #38-2-32
Dear Mr. Geideman,
The following -action was taken by the Board of Town Trustees
during its Regular Meeting held on November 18, 1997, regarding
the above matter:
WHEREAS, JOHN EDLER, applied to the Southold Town Trustees
for a permit under the provisions of the Wetland Ordinance of
the Town of Southold, application dated April 3, 1997 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 November 18, 1997; at which time
all interested persons were given an opportunity to be heard,
and,
WHEREAS', the Board members- have personally viewed and are
familiar with the premises in question and the surrounding area,
and,
WHEREAS, the Board has considered all the testimony ,and
documentation submitted concerning this application, and,
WHEREAS, the structure complies with .the standard set forth in.
Chapter 97-18 of the Southold Town Code,
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
JOHN EDLER to construct 2- 40' low profile groins that will
begin at the highest vertical point which is at the whaler of
the bulkhead and no pre-filling.
BE IT FURTHER RESOLVED that this determination should not .be
considered a determination made for any other Department or
Agency which may also have an application pending for the same
or similar project.
Permit to construct and complete project will expire two years
from the date it is signed. Fees must be paid, if applicable,
and permit issued within six months of the date of this
notification.
Two inspections are required and the Trustees are to be notified
upon completion of said project.
FEES: None
Very truly yours,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/djh
cc. DEC
ACE
Dept. of State
New York State Department of Environmental Conservation
Building 40 - SUNY, Stony Brook, New York 11.7 0_2356
Telephone (516) 444-0365
Facsimile (516) 444-0360 , D 0 U aboo
NOV ' 6 WT ID�
John P.Cahill
OWN OF SOUTHOLD Acting Comminioner
November-3, 1997
NOTICE OF IN OMPi T+TF A aDT Tr CATION
Mr. I Geideman, P.L.S.
P. O. Box 416
East Marion,New York 11939
RE: Proposed Groin Construction for the Following Properties:
Application I.D. 1-4738-01609/00001
John Edler Property - 130 Cleaves Point Road, East Marion
Application I.D. 1-4738-01611100001
Anthony & Susan Napolitano Property-200 Cleaves Point Road,East Marion
Application I.D. 14738-00734/00004
Frank Tornmasini Property-290 Cleaves Point Road,East Marion
Application I.D. 1-4733-00735/00007
Norman Taylor Property-360 Cleaves Point Road,East Marion
Dear Mr. Geideman:
The New York State Department of Environmental Conservation (the "Department') has
carefully reviewed the above applications for permits to construct groins. The stated purpose for
the groins is erosion control.
The project does not meet the standards for permit issuance on a tidal wetland pursuant to
Tidal Wetlands Land Use Regulations, 6NYCRR, Part 661.9(a) & (b)(1)(i)(ii) & (iii). Groin
construction in this area is not compatible with the policy of the Tidal Wetland Act to preserve and
protect tidal wetlands and to prevent their despoliation and destruction. The proposed groins will
have undue adverse impacts to beaches (tidal wetlands) and adjacent properties due to the
containment of any sand moving within the littoral process.
In addition, the project is not compatible with public health/welfare. A serious downdrift
consequence of groin construction will be an increase in erosion to properties outside of the project
J. Geidemann- 11/3/97 2
area,thereby causing detrimental impacts to the natural protective features (beach/tidal wetlands).
Additionally, erosion between the groins will be exacerbated.
Moreover, the project is neither reasonable nor necessary taking into account reasonable
alternatives that would minimize impacts to natural protective features and property. The
Department recommends the installation of a stone splash pad landward of the bulkhead to reduce
scouring of the upland area.
Further, the Department concurs with the observations presented in the New York State
Department of State letter by Fred Anders, Coastal Resources Specialist,to Mr. Albert Krupski of
the Town of Southold, dated May 8, 1997 (copy enclosed) which includes a detailed discussion
regarding justification for groin construction, engineering practice, rate of erosion, and likely
downdrift impacts.
Please be advised that because the project does not meet the standards for permit issuance and
the fact that that the groins(s)will have significant impacts, it is the Department's position that the
project should be abandoned.
Lastly,pursuant to the State Environmental Quality Review Act(SEQRA) the Department
is lead agency for this project; however, because of the potentially significant impacts which will
result if the groins are constructed, a Negative Declaration(determination of significance)has not
been completed by this agency. Accordingly, should the applicant(s) wish to pursue the proposal,
it is likely that a Positive Declaration will be issued which will warrant the preparation of an
environmental impact statement(EIS).
Please do not hesitate to contact me if you have any questions.
Sincerely,
Darleen M. Gerbino
Environmental Analyst
Enc.
cc: Anthony& Susan Napolitano
Mr. Norman Taylor
Mr. John Edler
Mr. Frank Tommasini
Albert J. Krupski, Jr., President, Town of Southold Board of Trustees
Walter F. Meyer, Coastal Resources Specialist,NYSDOS
Louis Chiarella,Bureau of Marine Habitat Protection,NYSDEC
File
a
r �
1
George E.11ataki
Cut-emor
Alexander F.TrcaJ«el!
Secrct.ri�•of State
lVir. Albert Krupski, Jr. May 8, 1997
President, Board of Trustees
Town Hall
53095 Main Road
Southold, New York 11971
Dear Mr. Krupski:
Enclosed vicis my response to your letter dated May I, 1997 regardininity of Cleaves Pt. Road. I hope my comme g groin ants and observations are help liI'cattons in the
p I.
After reviewing the information provided I ofi'er the following observations:
• All of the structures (houses) are a lone distance from the bulk
head and beac
indicating that they are in no danger from erosion or flooding Protection of h,
bulkhead or other secondary structures, or prevention of land loss a
sufricient justification for groin construction. , is often not
• Engineering practice (as per the Cotes of Engineers Shore Pr
indicates that groins should be spaced 2 Protection Manual)
long p to 3 times their length. In this case, 40ft
groins should be at least 80ft apart. The design presented either has too man
groins, or the groins are too long. y
• The National Shoreline Study by the Corps of Engineers notes that °t
large amounts of sand are in transit Is this method [groins] effective only when
accelerated erosion downdrift which usually results from The
sand is actinically added to the system." groins is minimized when
compartments with sand when they are constructed aro prevent dractice s to fill the groin
However, filling the groin compartments does not guarantee odrift erosion.
impacts wi11 not occur. that downdrift
,VY7 AFr.rRntr_�T nr Srtn�
Division of Coau.ri Resoxrees and Q'at
w Revitalisation
AIL—y,NY III- 01
VOiCe.(S78)J7«'V0 Fa (SI8)473_2464
• There was obviously confusion in trying to address the questions proposed by the
board. Although well intended, I do not think the answers provided are user: ir,addressing the issues.
Upon receipt of vour letter, I reviev.ec the �c P
Ocean Service Geological Survey topographic map anc Nati.7:lal
nautical chart for the area. : aiso examined aerial photography for 1982 and _
Unfortunately, I did not have an. ,,-ec�nt jl��.;�
the follotiving o - s available. Based on review of tnesP data sou-Ces
Observations were made: ..
• The net direction of sedime:,: transport m this area is from east to west. Given the
Iimited wave fetch distances su rounding P and h
movement of sand alongshore might be dulel to tcurrentshaspweIl�astwav;sne c:,a..nel,
• Long shore perpendicular ,�
pendicular structures updrift and downdrift of the site have tr apDed
significant sand. Trapping of sand updrift of the properties could be contributing
t0 erosion at this site. COrst:^action of shoe groins at this site may have limited
value given updr if sand losses.
• Quick measurements of beach width in 1982 and 1988 seemed
present dayas per P d to be similar to
( pe the tax man provided), sue esting that erosion over the long
term is slow (it could be incremental - no erosion for long periods followed by a
rapid loss).
These limited observations suggest that construction of groins may be more than is necessary_ to
abate erosion. Other methods may be effective. Implementation of these other Pt' o
ould
have fewer detrimental impacts. In general_ it is preferred that the method with the least cpotential
for environment harm be employed
only if other methods can be first, and that less preferable methods, such as groins be used
site. shown not to be adequate for the level of protection necessary at a
At this particular location several alternatives should be considered individually or to combination:
• The next time the inlet to the east is dredged, place the sand in the Iittoral zone to
the west of the inlet. The sand will eventually drift down to this site and natural
replenish the beach_ Iy
• Truck in sand/cobble fill to restore beach elevation. Slow erosion rates over the
long term make beach nourishment feasible. Sources of sand could be from an
upland source, from the fillet captured behind the inlet to the east (this would be
sand bypassing), or from the large accumulation of sand at Youngs Point (sand
backpassing). Using coarse fill material will help increase stability.
• No action. Since there is no threat to homes and we can expect the bul -
prevent upland loss, only the fronting beach is in immediate jeopardy. Slowd to
erosion rates suggest that recent beach loss may be an unusual instance that might
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State Lic Land Surveyor:
Date 7 -
-7 ��1T
NOV 610
THE REV. CANON JOHN R. EDLER
P.O. BOX 239 },...
130 CLEAVES POINT ROAD
E
EAST MAMON. NY 11939 - 0239
(631) 477 - 0111
i
November 25, 1999
i
Daniel P. O'Connell, ALJ
NYSDEC Office of Hearings and Mediation Services, Room 423
50 Wolf Road, Albany, NY 12233-1550
t
RE: Application No. : 1-4738-01609/00001
Dear Judge O'Connell:
Thank you for your November 12, 1999 letter, which I t
received November 22, 1999.
The applicable NYSDEC-Region 1 approval needed is Tidal !Wet-
lands Land Use Regulations 6 NYCRR Part 661 §661 .5; Use 29 A4-GCp
and Use 30 AA-GCp.
Since the Southold Town Hoard of Trustees, who administ r
the Coastal Erosion Management Regulations, had a copy of tho
Deis, supplied by me, and questioned Larry Tuthill and me ata
public hearing (which had a 14 calendar day published advanc
notice) before issuing the permits pursuant to Tidal Wetlangs
Land Use Regulations 6 NYCRR Part 661 §661 .5; Use 2.9 AA-Gcpland
Use 30 AA-GCp) , and Coastal Erosion Management Regulations
6 NYCRR Part 505 §505.9:
and since, to date, NYSDEC-Region 1 has not proven that !a
Professional Engineer, knowledgable in coastal engineering, 4as
reviewed the application and DEIS pursuant to the New York :Mate
Consolidation Laws (Article 145; §7201 , §7208, §7209) :
my suggestion is that State Environmental Quality Revie '
6 NYCRR Part 617 §617.6(b) (6) (i) ( 'c' ) be explored as a prud�nt
solution to our current dilemma.
I
Very truly yours,
John R. Edler
i
i
cc: Craig Elgut, Esq.
Albert Krupski_ Jr. President, Southold Town Hoard of Trustees
(with copy of Daniel P. O'Connell 's 11/12/99 letter)
I
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E
New York State Department of Environmental Conservation
Office of Hearings and Mediation Services, Room 423
50 Wolf Road, Albany, New York 12233-1550 oboe
Phone: (518) 457-3468 FAX: (518) 485-7714
John P.Cahill
Commissioner
November 12, 1999
The Reverend Canon John R.Edler
PO Box 239, 130 Cleaves Point Road
East Marion,New York 11939-0239
Craig Elgut,Esq.
Assistant Regional Attorney
NYS DEC -Region' 1
J
Building 40, SUNY Campus
Stony Brook,New York 11790-2356
RE: ApplicationNo.: 1-4738-01609/00001
Dear Parties:
During the week of October 25, 1999,Reverend Edler telephoned,and requested a
conference with me to discuss his pending application. I explained that I would first have to
contact Mr. Elgut. I spoke with Mr. Elgut on November 3, 1999.
Reverend Edler explained that with a cover letter dated September 28, 1999,he supplied
the Department with information concerning the location of the tidal wetland boundary on his
property. I understand Reverend Edler's position to be that the proposed activities would not
take place in the tidal wetland, which would eliminate, or limit the scope of,the Department's
jurisdiction. It is not clear,however, whether the proposed activities would take place in the
regulated adjacent area, or in waters regulated pursuant to 6 NYCRR Part 608. 1 understand that
the Town,rather than the DEC, administers the Coastal Erosion Management regulations.
When I spoke with Mr. Elgut,he explained that Reverend Edler had not yet responded to
the Department Staff's letter dated August 12, 1999 concerning the deficiencies in the draft
environmental impact statement [DEIS]. Since the DEIS is incomplete,the Department feels
that it would be premature to look at any permitting issues now. Mr. Elgut explained that the
environmental review required by ECL Article 8 [State Environmental Quality Review Act
(SEQRA)] must be completed before the Staff will consider the pending application further.
There is a question about what is the scope of the Department's jurisdiction, in light of
Reverend Edler's September 28, 1999 submission. Before the parties dedicate any more
resources to the pending proposal,I request that the parties provide me with a list of the
applicable DEC approvals, if any, for the proposed project.
Weir Site: http-//www.dee.statte.ny.us/ohms E-Mail: deiouis@gw.dec.state.ny.us-
-2 -
If DEC approvals are no longer necessary,then the Department would not be an involved
agency for the purposes of the required SEQR analysis. If the Department is not an involved
SEQR agency,then some other involved agency would become the lead agency.
If DEC approvals are necessary,then I recommend that Reverend Edler turn his attention
and resources to addressing the comments in the Staff s August 12, 1999 letter so that the DEIS
can be completed. In my letter to the parties dated June 2, 1998,I emphasized the need to
comply with the requirements in ECL Article 8 [SEQRA]. I stated that the DEC Commissioner
cannot make a final determination about the pending permit application unless all SEQRA
requirements have been met.' I also noted that the Commissioner does not have the authority to
disturb the Staff s positive SEQR determination [6 NYCRR§624.4(c)(6)(a)]. Therefore,no
hearing about the pending permit application can commence until the DEIS is complete and
available for public review.
Very truly yours,
X- - 06-4-1
Daniel P. O'Connell
Administrative Law Judge
' See Matter of an AP. ica�nl tion filed bY628 Land Amciates,DEC Application No. 2-
6406-00273-00001-0, Commissioner's Interim Decision dated September 12, 1994.
4*
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. Board of Trustees Appl_ :lion
COASTAL EROSION APPLICATION DATA
Purposes -of proposed activity:
Are wetlands present within 75 feet of the proposed activity?
No Yes
Does the project involve excavation or filling?
No Yes
If Yes, how much material will be excavated? (cubic yards)
How much material will be filled? (cubic yards)
Manner in which material will be removed or deposited:
Describe the nature and extent of the environmental impacts
reasonably anticipated resulting from implementation of the
project as proposed. (Use attachments if necessary)
.4
Board of Trustees Appli, ion
County of Suffolk
State of New York
BEING DULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL
WORK WILL BE DONE IN THE MANNER SET FORTIS IN THIS APPLICATION
AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES.
THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN
TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS
ARISING UNDER OR BY VIRTUE OF SAID- PERMIT(S) , IF GRANTED. IN
COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES,
THEIR AGENT(S) OR REPRESENTATIVES( S) , TO ENTER ONTO MY PROPERTY
TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS
APPLICATION.
Signature
SWORN TO BEFORE ME THIS DAY OF ,19
Notary Public
7
Civil Marine
JOHN H. GEIDEMAN
Consulting Engineer
P.O. Box 416
E. Marion, L. I.
(516) 477-2421 New York 11939
To whom it May 'v'oncer'n,
authorize
:,John Fig Geideman to a9 my agent in app�ing for permits
to construct a 6-rU
on my property at #/�� eleadz-5 Aj IZd•
Si ned :
wner
Including : N.Y.S Dept. of E.nvironianntn1 Conservation
U. S . Armv Corps of F,nUinpers
Town of 110 G�
Y. Lic. Land. svryeyor
THE REV. CANON JOHN R. EDLER =-
u:
P.O. BOX 239
130 CLEAVES POINT ROAD — 3 2001
EAST MARION, NY 11939 - 0239 1,
(631) 477-0111 Fs -
March 3b1'.2odi
Daniel P. O'Connell, ALJ
NYSDEC Office of Hearings and Mediation Services
50 Wolfe Road,
Albany, NY 12233-1550
RE: Edler, Napolitano, Lieblich-Harper, Taylor Coastal Erosion Management Permits
Dear Judge O'Connell:
Back again.
Since we have now submitted two Deis, we trust that our questions will be treated by
you as a sincere effort on our part to clarify a process that had gone wrong; and not as
claimed in past letters as another attempt to avoid doing another DEIS.
How long are these facts going to be ignored?
1. The fact that the proposed projects properties are included on CEHA map 29-0
approved by the NYSDEC Commissioner on August 29, 1988.
2. The fact that as of October 1991 the Southold Town Board of Trustees were
certified "to assume and exercise jurisdiction" under ECL Article 34 §505.
To understand what this means please see Attachment A.
From receipt of the above applications in March 1997 to permit issuance November 18,
1997 the Southhold Town Board of Trustees were, not only, assuming and exercising their
jurisdiction under ECL Article 34 §505 Coastal Erosion Management Regulations; but also
assuming and exercising their jurisdiction under ECL Article 8 §617.4; §617.5; §617.6(a);
§617.7(c); which led to the determination that "the action is a Type 11 action" , and that
they had "no further responsibilities under this part" §617.6(a)(1 )(i)
When the Town Trustees issued the permits November 18, 1997 they had met, not only,
all the jurisdictional requirements of ECL Article 34 §505; but also ECL Article 29
§661.5(b) Use 29 LZ GCP AA as delineated on NYSDEC TIDAL WETLANDS Inventory Map
722-554.
They also processed the permit applications under the implementing regulations of UPA
6NYCRR Part 621.3(a)(1) Engineers, and as Minors §621.3(c); §621.4(a)(4)(ii)-Title 5 of
ECL article 15 and Part 608 of this Title; §621.4(e)(2)-section 401 of the Clean Water
Act, and Part 608 of this Title; §621.4(k)(2)-ECL article 25 and Part 661 of this Title,-
§621.4(p)(3)-ECL article 34 and Part 505 of this Title.
At the same time NYSDEC Region 1 should have been processing the applications limited
to the provisions of ECL Article 25 §661 and 6NYCRR§621 as Environmental Analyst
.Marilyn E. Peterson processed our adjacent neighbor Licciardi's application as a Title II
GCP Minor. It too is on CEHA 29-0, subject to ECL Article 34 and the same ECL Article
25 §661.5(b)Use 29 LZ GCP.
f.
Board of Trustees Application
COASTAL EROSION APPLICATION DATA
Purposes of proposed activity: fR> /s' i oR E r c CrS 1 14c3L•t S i4
,�-N �-j'/-Si y iRlG '��` �� iJi= li:�9y? �•��'cQC�Y Ors A�i2'�fiL �3C+'�G!-�
Are wetlands present within 75 feet of the proposed activity?
No '� Yes
Does the project involve excavation or filling?
No `, Yes
If Yes, how much material will be excavated? J (cubic yards)
How much material will be filled? (cubic yards)
Manner in which material will be removed or deposited:
1-e Ai--!5 5 i ;vG C,- /-Q'ff'R c2t�
Describe the nature and extent of the environmental impacts
reasonably anticipated resulting from implementation of the
project as proposed. (Use attachments if necessary)
/Ll� i✓I••LJ v.� G�y u,r2 y iy :mac>✓•V��L i �-r r��¢C j r3�C,�} r
✓�2a'yr 3;.6 A-.5 0
�/°L�G;•r;Chi i)� f� 9`' ��/�Io�3ri'Qo4-•1�.) SyGG ��y
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i;�Eva �w or' r�CtS /1L70Rev4i�1•
4
THE REV. CANON JOHN R. EDLER
P.O. BOX 239
130 CLEAVES POINT ROAD
EAST MARION, NV 11939 - 0239
(831) 477-0111
March 30, 2001
RE: Edler, Napolitano, Lieblich-Harper, Taylor Coastal Erosion Management Permits
(Attachment A)
ECL Article 34 §505.1 Purpose
"...local implementation is not required until after department has filed coastal
erosion hazard area maps for a municipality."
ECL Article 34 §505.2(t) Definitions
"' Local program' means a coastal erosion management ordinance, or local law, or
any other ordinance, local law, zoning regulation, subdivision regulation, site plan
approval regulation, or other application of police power a local government may
use in carrying out the purposes and policies of the act and meeting the minimum
standards of section 505.17 of this part"
ECL Article 34 §505.4 Applicability
(a) This section enumerates the instances when the department will exercise
jurisdiction over the issuance of coastal erosion management permits. With the
exception of regulated activities undertaken by state agencies, the department
will not assume or exercise such jurisdiction until after all appropriate levels of
local governments have had an opportunity to assume and exercise such
jurisdiction."
ECL Article 34 §505.5(e) Coastal erosion management permits; regulatory procedures
"All regulated activities are subject to the review procedures required by the
State Environmental/ Quality Review Act (SEAR), article 8 of theEnvironmental
Conservation Law."
ECL Article 34 §505.17 Minimum standards for certification of local programs
"(a) Local programs submitted by local governments to the commissioner for
certification pursuant to subdivisions 34-0105(1) and 34-0106(1) of the act must
meet, at the minimum, the standards, restrictions and requirements set forth in
sections 505.5, 505.6, 505.7, 505.8, 505.9, 505.12, and 505.13 of this Part This
Part does not prohibit any local government from adopting and enforcing a local
program that regulates actions or uses of land more stringently than this Part
(b) Whenever terms relating to the commissioner or department are used in the
subdivisions and sections listed in subdivision (a) of this section, local government
should substitute for those terms the title of the local official or agency perform-
ing the equivalent function."
Board of Trustees Application
COASTAL EROSION APPLICATION DATA
Purposes of proposed activity: f 2> ems' J oA i-
,Orx) i�r�y iQjG 4�9'� &t'�t DE i3'&4--q
Are wetlands present within 75 feet of the proposed activity?
No '� Yes
Does the project involve excavation or filling?
No Z Yes
If Yes, how much material will be excavated? D (cubic yards)
How much material will be filled? (cubic yards)
Manner in which material will be removed or deposited:
•5,09,v6 - '31.c 1-[ Z y 8;;e i< /-RdF R 044
Describe the nature and extent of the environmental impacts
reasonably anticipated resulting from implementation of the
project as proposed. (Use attachments if necessary)
/`l�Zvi,'ti t,,�� c�v v�re v ru :�•c>~�v i�L � �-r��•c% �3�C,�y�
✓Prgo vJ 3tz> ,vs Of ( f'c 7V Y C A A• ?�+iQ'J
SyCG C-L
�_ 5��9 i!4 C.�ry� onJ �a���c•et�� .a✓<'�R .4�
i b c,v i�C�i'F1l ��ti L�/ S'S �J i✓L i} ��R� �v e�L A-+v J5
i�y�,yi o z y M>a-r'� 7 �- '�S f) 9` ov D
o �2t-vi 3� x rt,✓� %3 1 7-0 4 Ev6 Z_ or
G `
✓�c �5c F .4^77'�cr�c7 j-mot `1 C- ��C9 rOr✓��
4
Lo 1--t ) 5 c-,, lz� :�R- i.#�-
Board of Trustees Application
COASTAL EROSION APPLICATION DATA
Purposes of proposed activity: 1R> 10A 9` iPr C�rS i �3Z.ts i-�
,4rrn) is r-S i y 1Qt G '� ",�2? D f= c�Av
Are wetlands present within 75 feet of the proposed activity?
No 'l Yes
\ Does the project involve excavation or filling?
1 No `r Yes
If Yes, how much material will be excavated? D (cubic yards)
How much material will be filled? (cubic yards)
Manner in which material will be removed or deposited:
Describe the nature and extent of the environmental impacts
reasonably anticipated resulting from implementation of the
project as proposed. (Use attachments if necessary)
/`!? i✓i•tiJ v��! C�y u�y2 t):'y :�C�•y.�''�}L i Ht r�i4C�j ��Ct}JyC l
�7�`S'�Pr n] `�` C D.V 5�/�✓G�r prJ �-�G�2 7 � v� %(�
�J°�G:'Y:C�t [9,aJ fj `�` ��✓�J�Jlf��i'Q�-I�� SvCG♦�S�j
i bc,ftC=IE l 0,v (%V Y5
1?✓vc'n.i�2 vJ M�-� -7 2�- g a� '0C�) ''` orrt=.� t. 41 i7
o � (120\, 0;x;t+ 13 '1 4 E-l/,:F t 0 r
G �• � ,,v:4 L l3��c �-i �R o t=r�-c ._CC�r�i9`S i,g L �
4
Board of Trustees Application
COASTAL EROSION APPLICATION DATA
Purposes of proposed activity: It,> -oA i-
,o%rO et-61 o R1c- 6✓Ave' :✓"Z:QGY Ora nL�Sfi� <3C�}C�
Are wetlands present within 75 feet of the proposed activity?
No . '1 Yes
Does the project involve excavation or filling?
No `r Yes
If Yes, how much material will be excavated? (cubic yards)
How much material will be filled? (cubic yards)
Manner in which material will be removed or deposited:
$F}"6 - 3AC-I-e M-5 s i ,vG 43 i<
Describe the nature and extent of the environmental impacts
reasonably anticipated resulting from implementation of the
project as proposed. (Use attachments if necessary)
/`9�i✓�.�y�y G iV v�K'U yy :mot>+•V r'ti}L- i �-f r�}�C j r3�C.�e�S�
v:v,7�'-•e J'Ra v ii��.5 o F ( 6 T/y G;Q A
���S�tc'r n> 9" C D,v 5'�/�✓G�r pn> �-'�G�2 i� ;�v� %a
AYO>y&ivG?:'c C 1
iDc..T�S=tiE� v� CiyYS �� L i��•�� we"i'`A-va5
!l✓v�n.i G 2�j M�'1� "7 Z.Z- S'�� '�t'�"� 9" ov�' !i L-+4l�
d ti �►2t�.i'Sc ,t� 3. +' �3 1 %� 7-0 < Cy6 4- 1�r
G • G 13 i=r e-c C c MPAT-i+3 L
iQE 1 L w o f
4
i
APPENDIX E
SUPPORTIVE DOCUMENTATION
The U.S. Army Corps of Engineers summarize on their websight and in their
technical notes the following recommendations, from their Shore Protection
Manual, on generally acceptable engineering principles for low profile groin
design and beach fill, with demonstrated success, which "may minimize potential
damage to other beaches and "help stabilize the native beach sand but impound
very little of the longshore transport".
1. http://sparky.nce.usace.army.mil/shore protection
"BEACH FILL- Beaches are usually thought of as one of the most attractive and
valued elements of shore-line recreational activities, but they are also a
first line of defense against erosion damage, protecting the area behind
them. In normal weather, gently sloping beaches cause incoming-waves to
break and use up their energy before reaching inland areas. ...Adding fill to
a beach...is often both economical and effective. ...The slope of the filled
beach should also match the natural slope as closely as possible. ...Beach
fill is often used in combination with construction of a ...groin field. These
combinations may minimize potential damage to other beaches or provide a
beach where the littoral drift cannot be effectively trapped.
GROINS- Groins are suitable erosion control measures where a beach is
desirable, and they are compatible with most recreational activities.
DESIGN- Groin design completely depends on conditions at the site.
GROIN HEIGHT- The structures should be no higher than the level of a
reasonable beach, so that when they are filled the sand is free to pass
downdrift to neighboring beaches."
2. CETN-III-10
"GROIN and BEACH FILL - Lower groins, which follow the profile of the existing
beach, help stabilize the native beach sand but impound very little of the
longshore transport. ...If groins are used to protect a beach fill, the outer
end of the groin would be placed where the design beach slope intersects
the existing bottom. ...To prevent flanking the landward end must be...tied
to protective structures running along the shoreline."
27
New York State Department of Environmental Conservation
Building 40 - SUNY, Stony Brack, New York 11790-2356
Telephone (516) 444-0365 -
Facsimile (516) 444-036Q
John P.Cahill
Commissioner
August 12, 1999
Notice of Insufficiency of Draft Environmental Impact Statement
Certified Mail Z 341 574 339
Mr. John R. Edler
P.O. Box 239
130 Cleaves Point Road
East Marion, New York 11939
RE: Draft Environmental Impact Statement for Edler, Napolitano, Taylor& Lieblich Groin
Proposal
Dear W. Edler: —
Beach nourishment is generally practiced by nourishing a beach that already exists above high
water. In this case, the beach area would be considered an adjacent area rather than a wetland.
Under such conditions, filling would generally not result in significant habitat changes such as
those proposed by this project. In addition, filling in an adjacent area is considered a generally
compatible use with less.impact on the environment than filling in a wetland. Such a. beach area
is not present on the subject property and no confirmable data is supplied to indicate when and if
the proposed beach existed at this site. The project sponsors indicate that a 45' wide beach existed
on this site in 1992. However, the copy of the photograph presented is specified as taken in 1984.
Appropriate data and sources should be supplied to support this statement in this DEIS.
Once the DEIS is revised, please submit 4 copies for review.
Sincerely,
Darieen M Gerbino
Environmental Analyst
cc: Lawrence M Tuthill,P.E.
Paul Lieblich&Candida Harper
Norman Taylor
Anthony&Susan Napolitano
Daniel.P. O'Connell, ALJ, Office of Hearings, NYSDEC
SEP 2 81998
FINAL SCOPE TOWN OF SOT OLD
FOR EDLER, NAPOLITANO, TAYLOR&LIEBLICH
GROIN PROPOSAL
I. Cover Sheet
All EIS's(Draft or Final) shall begin with a cover sheet that,indicates:
A. Whether it is a draft or final statement
B. Name or other descriptive title of the project
C. Location(county and town, village or city) of the project
D. Name and address of the lead agency which required preparation of the statement and the
name and telephone number of a person at the agency to be contacted for further
information
E. Name and address of the preparers of any portion of the statement and a contact name
and telephone number
F. Date of acceptance of the Draft EIS
G. In the case of a Draft EIS, the deadline date by which comments are due should be
indicated
H. Table of Contents and Summary
A table of contents and a brief summary are required for Draft and Final EIS's exceeding 10
pages in length. However, one should include these features in any size EIS to provide the
review agency with easy reference to EIS topics.
The summary should include:
A. Brief description of the action
1
B. Significant, beneficial and adverse impacts (issues of controversy must be specified)
C. Mitigation measures proposed
D. Alternatives considered
E. Matters to be decided(permits, approvals, funding)
M. Description of the Proposed Action
A. Project Purpose and Need
1. Background and history
2. Public need for the project. Does project advance any officially adopted municipal
objectives or community development plans?
3. Objectives of the project sponsor
a. Clearly state the purpose for this construction
B. Location
1. Establish geographic boundaries of the project(use of regional and local scale maps is
recommended)
2. Description of access to site
3. Description of existing zoning of proposed site
4. Other
C. Design and Layout
1. Total site area
a. Amount of land to be cleared
b. Open space
2. Structures-Existing Upland and Proposed Groins
2
a. Site plans showing the location of upland structures including existing erosion
protection structures
b. Profile views of appropriate scale for proposed groins
3. Design narrative which explains the proposed dimensions and spacing of the
structures
a. How was the length to spacing ratio decided?
b. Is the profile low enough to allow sand transport over the groin while still
achieving the original purpose?
c. Is the length short enough to allow sand transport around the groin while
achieving original purpose?
d. Is the orientation acceptable?
e. How will construction equipment enter/leave?
f. Is a staging area required?
g. In what sequence will construction occur? (Downdrift to updrift preferable.)
D. Construction and operation
1. Construction
a. Total construction period anticipated
b. Potential for project to induce future construction of additional shoreline
stabilization projects on downdrift properties
E. Approvals
1. Required changes or variances to the zoning regulations
2. Other permit approval or funding requirements
3
IV. Environmental Setting
Natural Resources
A. Geology
1. General description of Long Island and North Fork Geology/Morphology
2. Surface
a. List of soil types
3. Topography
a. Current aerial photograph(1998) depicting the subject properties and the
remainder of the"littoral cell' which these sites are located in. Include a
description of shoreline conditions and littoral system in the project area with aerial
photograph described above.
b. Description of existing shoreline stabilization structures (bulkheads, groins,jetties,
and revetments in this littoral unit)
c. Is the beach actively eroding, in a state of equilibrium, or accreting?
d. If the trend is recession, how much erosion is occurring?
e. If the beach is eroding is it continuous or is it episodic?
f. What direction is the net littoral drift?
g. Relate net littoral drift to gross littoral drift?
h. What is the volume of material in the littoral system?
I. What is the wave climate in the area?
j. What type of current is in this area?
k. What is the nearshore bathemetry'?
4
1. What is the grain'size of the sand in this area(availability from upland source)?
m. What is the tidal range in this area?
n. What is the 100 yr flood in this area(50 yr)?
o. What recreational (commercial, other) uses occur here?
p. What is the land use in the area?
q. What other protection structures are in this area?
r. What are the hydrologic factors that affect littoral drift?
s. What effect are eastern groins having on sand budget?
t. What are inshore/offshore components of sand movement in this area?
B. Water Resources
1. Surface water
a. Provide a general description of Gardiners Bay and its major resources benefits
b. Identification of uses and level of use of all surface waters
-recreation
- commercial finfishing
- shellfishing
C. Terrestrial and Aquatic Ecology
1. Vegetation
a. General overview of vegetation on project sites
2. Wetlands
a. List wetland areas within or contiguous to the project site
b. Discuss wetland characteristics
5
- acreage
-vegetative cover
- classification
-benefits of wetland such as flood and erosion control, recreation, marine food
production
3. Fish and Wildlife
'a. General description of species using site and project area. Include species of
-fish
- shellfish of commercial significance
- crustaceans
-waterfowl
-unique, rare and endangered species
Human Resources
A. Land Use and Zoning
1. Existing land use and zoning
a. Description of the existing land use of the project site and the surrounding area
- commercial
-residential
- agricultural
-business
-retail
-industrial
6
-vacant
b. Description of the existing zoning of site and surrounding area
2. State Coastal Policies
a. Present the 44 Coastal Policies and the purpose of their creation and
implementation
V. Significant Environmental Impacts -Identify those aspects of the environmental setting in
Section N that may be adversely or beneficially affected by the proposed action and require
discussion.
1. What erosion effects will the structures have on downdrift properties?
2. What erosion effects will the structures have on the applicants' properties?
3. What effects will the proposed action have on the littoral zone'tidal wetland area on
the subject properties and downdrift properties? Specifically, the following wetland
benefits:
- flood control
- open space/aesthetics appreciation
-recreational uses and access
-marine food production
4. Identification of the applicable New York State Coastal Policies. Which of the 44
policies apply for these projects and demonstrate how or if these projects are
consistent with these policies
5. How will the groins affect the sand budget downdrift?
6. How will the groins affect downdrift properties?
7
7. How will the groins affect benthic colonization and'utilization by forage species?
VI. Mitigation Measures to Minimize Environmental Impact-Describe measures to reduce
or avoid potential adverse impacts identified in Section V. The following is a brief listing of
typical measures used for some-of the major areas of impact.
Natural Resources
A. Geology
1. Topography
a. Discussion of possible measures which can be incorporated into the proposal or
added/deleted to the proposal which will reduce the impacts listed above
-prefill groins
-feeder beach downdrift
-taper groin fields
- sand bypassing
- adjust design parameters, groin length and top elevation of structure above mean
high water to maximize the volume of sand moving downdrift of groin
B. Terrestrial and Aquatic Ecology
1. ,Wetlands-Any project alterations/changes which will reduce identified impacts to
tidal wetlands
Human Resources
A. Land Use and Zoning
1. Will any identified mitigational project design changes increase proposal's
consistency with the Coastal Policies?
8
VII. Adverse Environmental Effects that Cannot be Avoided if the Project is
Implemented. -Identify those adverse environmental effects in Section V that can be
expected to occur regardless of the mitigation measures or project design changes
considered in Section VI.
VM. Alternatives -Discussion of each alternative should be at a level sufficient to permit a
comparative assessment of costs, benefits and environmental risks for each alternative. It is
not acceptable to make simple assertions that a particular alternative is or is not feasible.
A. Alternative Design and Technologies
1. Alternative designs
-rock groin
-rock armor of existing bulkhead
-removal of bulkhead
-relocate bulkhead landward
-beach fill
- create dune
- less groins
-lower profile groins
B. No Action
1. Impacts of no action
a. effect on project sponsor's need
b. effect on private developer's need
c. beneficial or adverse environmental impacts
9
IX. Irreversible and Irretrievable Commitment of Resources -Identify those natural and
human resources listed in Section IV that will be consumed, converted or made unavailable
for future use.
X. Growth Inducing Aspects -Describe in this section the potential growth aspects the
proposed project may have.
1. Discuss the possibility for the Action to induce a need to construct additional
shoreline stabilization structures downdrift
XI. Appendices -Following is a list of materials typically used in support of the EIS.
A. List of underlying studies, reports and information considered and relied on in preparing
statement
B. List all federal, state, regional, or local agencies, organizations, consultants and private
persons consulted in preparing the statement
C. Technical exhibits (if any) at a legible scale
D. Relevant correspondence regarding the projects may be included (required in the
Final EIS)
Additional Draft EIS Scoping Topics - Indicate any additional topics for discussion in the
Draft EIS. Attach additional sheets if necessary.
10
SEOR Positive Declaration v, Page 2
Reasons Supporting, his Determination:
This project involves construction of two 40 ft. timber groins. The
stated purpose isjor erosion control; however, it is likely that
construction of these groins has the potential to cause the following
significant impacts: ,
* disruption of the natural movement of sand within the littoral system
on both the subject and downdrift properties;
* acceleration of the rate of shoreline/beach erosion of subject and
downdrift properties;
* resultant loss of benefits derived from tidal wetlands such as flood,
hurricane and storm control, open space/aesthetic appreciation, and
recreational use.
Further, the project is not consistent with the State Coastal Management
Policies, one of which requires that construction of erosion protection
structures be undertaken so that there is no measurable increase in
erosion or flooding at the site or at other locations.
For Further Information:
Contact Person: Darleen M. Gerbino
Address: NYSDEC, Bldg. 40, SUNY, Stony Brook, NY 11790-2356
Telephone Number: (516) 444-0404
A Copy of this Notice Sent to:
Commissioner, Department of Environmental Conservation,50 Wolf Road,Albany, New York 12233-0001
Appropriate Regional Office of the Department.of Environmental Conservation
Office of the Chief Executive Officer of the political subdivision in which the action will be principally
located.
Applicant (if any) John Edler
Other involved agencies (if any)
- Daniel P. O'Connell, Administrative Law Judge, Office of Hearings, NYSDEC
Board of Trustees, Town of Southold, Mr. Albert J.. Krupski, Jr.
- Mr. John H. Geidenan
- Mr. Lawrence M. Tuthill, Professional Engineer
- Fred Anders, Coastal Specialist, New York State Department of State
- Walter F. Meyer, Coastal Resources Specialist, New York State Department of State
- U.S. Army Corps of Engineers
J
14-12-6(2187)-ft
SEOR
617.21 Appendix E
State Environmental Quality Revie
POSITIVE DECLARATION JUN12MB
Notice of Intent to Prepare a Draft EIS
Determination of Significance TOWN OF S TPM n
Project Number 1-4738-01609/00001 Date 6/10/98
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article
8 (State Environmental Quality Review Act) of the Environmental Conservation Law.
The NewYork State Department of Environmental Conservation , as lead agency,
has determined that the proposed action described below may have a significant effect on the
environment and that a Draft Environmental Impact Statement will be prepared.
Name of Action: John- Edler
SEAR Status: Type I ❑
Unlisted 12
Description of Action:
Construct two 40 ft. timber groins for erosion control.
Location: (Include street address and the name of the municipality/county.A location map of appropriate
scale is also recommended.)
130 Cleaves Point Road, East Marion, Town of Southold, Suffolk County.
- F -
not continue.
• Relocate the bulkhead landward.
of t e exist'
natural erosion of the upland behindethus p providing sedimentbulkhead would allow
The properties have sufficient back yard to move the bulkhead Ianourish the beach.
new position it would act as a "wall of last resort", in front of a widened beach.
The wide beach would provide a hio' er e this
reduce the of ect -n�' level or"protection to the bulkhead,oea�h.
. s of the bulkhead on the fronting P ad, and
suggest that this could be efrective for n�an beach. Slow erosion rates
y years.
The present applications, and future applications for sand placement require permits from the Army Corps of Engineers p ent or other activities, will
Conservation. A coastal consistency review will beand
equh required Department of Environmental applicants may wish to discuss any proposed variations to their m this Department. The
before filing application with the agencies
If You have any questions reg
ararn
making process. g the above, please give me a call. Good luck in Your decisi
Ion
Sincere y
Fred Anders
Coastal Specialist
cc: Lou Chiarella, DEC Region 1.
95-19-3(a/89)-7e
DEC APPLU IN NUMBER
NEW)Qg1c cT�DEPARTMENT OF EN NMENTAL CONSERVATION
u.s.ARMY CORPS OF ENGINEERS APPLICATION NO.
JOINT APPLICATION FOR PERMIT
Please read ALL instructions on back before,completing this application. Please type or print clearly in ink.Attach additional information as needed.
❑ARTICLE!,TITLE 1,ARTICLE 43 6NYCRR 646(LAKE GEORGE RECREATION ZONE)
❑ARTICLE 15,TITLE 3(AQUATIC PESTICIDES CONTROL) 136NYCRR 327(AQUATIC VEGETATION) ❑6NYCRR 328(FISH) 1:16NYCRR 329(INSECTS)
S ❑ARTICLE 15,TITLE 5 6NYCRR 6W(PROTECTION OF WATERS)
T ❑ ruction,or For the construction,reconstruction. repair of a DAM or other impoundment structure.
T []For the disturbance of a STREAM BED OR BANKS or excavation in or fill of NAVIGABLE WATERS. 11401 WATER QUALITY CERTIFICATION
E ❑ARTICLE 15,TITLE 15 06NYCRR 601 (WATER SUPPLY) 06NYCRR 602(LONG ISLAND WELL)
❑ARTICLE IS,TITLE 27 6NYCRR 666(WILD,SCENIC AND RECREATIONAL.RIVERS)
❑ARTICLE 24 6NYCRR 662,663(FRESHWATER WETLANDS)
..ARTICLE 25 6NYCRR 661 (TIDAL WETLANDS) . ❑ARTICLE 34 6NYCRR 505(COASTAL EROSION)
E ❑SECTION 10(RIVER AND HARBOR ACT OF la")for structures and work in navigable waters of the U.S. []COASTAL CONSISTENCY CERTIFICATION.
p ❑SECTION 404(CLEAN WATER ACT OF 1977)for disposal of dredged
or fill material in water of the U.S.
❑SECTION 103(MARINE PROTECTION,RESEARCH AND SANCTUARIES ACT)for the transportation of dredged materials for dumping into ocean waters.
1. LIST PREVIOUS PERMIT/APPLICATION NUMBERS AND DATES(If any)
2. APPLICANT IS NAN
Owrrcr ❑Operator ❑Lessee ❑Municipality►Govemmental Agency (Check as many as apply)
3. NAME OF APPLICANT(Use Full Name) /
MAILING ADDRESS TELEPHONE(Where can be reached during day)
P057 OFFICE STATE ZIP CODE
/tea<�ioh /V: //03 c
4. NAME OF I❑Owner MAt;ent/Contact Person (Check one)
MAILING ADDRESS TELEPHONE(Where can be reached during day)
POST OFFICE STATE ZIP CODE
/✓CIl�/O/ /V,�
S. PROJECTIFACILITY LOCATION(Mark location on map,see Number la on reverse side)
C
County C.�' 0�� I Town or city )co J-�� O OJ' I Village g lylla v 0/7
STREET ADDRESS(If different from applicant)
POST OFFICE STATE- ZIP CODE
L' /✓oi�ie�/� 22 /V, L 3
6. NAME OF STREAM OR BODY OF WATER /r 0/jV 2 S 1Ji4
7, HAS WORK BEGUN ON PROJECT? If YES,attach explanation on starting work without permit,include dates. 8. WILL PROJECT UTILIZE STATE LAND?
❑Yes tpNo Show work ob map and/or drawings. ❑Yes No
9. PROPOSED USE: Private 10. PROPOSED STARTING DATE: 11. APPROXIMATE COMPLETION DATE: 12. FEE OF(NYS Permit Only)
� -
❑ Public ❑ Commercial.
r`z •r �� d G) S Enclosed
13. PROJECT DESCRIPTION: (e.g.quantity and type of material to be excavated,dredged or used for fill or rip rap, location of disposal sites;type of
structure to be installed:height of dam;size of impoundent; capacities of proposed water sources;extent of distribution system;etc.)
A-7-
14. WILL THIS PROJECT REQUIRE ADDITIONAL FEDERAL, STATE AND/OR LOCAL PERMITS? FL-:? Yes
i,, -�'�y.�� ' I - �� ,/�❑ No If yes, please list:
15. CERTIFICATION: a
I hereby affirm that under penality of perjury that information provided on this form and all attachments submitted herewith is true to the best of my knowledge
and belief.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law.
Further,the applicant accepts full responsibility for all damage,-direct or indirect of whatever nature,and by whomever suffered, arising out of the project
described herein and agrees to indemnify and save harmless the State from suits,actions,damages and costs of every name and description resulting from said
project In addition, Federal Law,18 U.S.C. Section 1W1 provides for a fine of not more than$10.000 or imprisonment for not more than five Years,or both,
where an applicant knowingly and willfully falsifies,conceals,or covers up a material fact:or knowingly makes or uses a false,fictitous or fraudulent statement.
❑1 hereby authorize the agent named in Number 4. bove to s mit th' application on my behalf.
3a q -t �-
AT NA URE TITLE
ASE READ ALL INSTRUCTIONS ON REVERSE SIDE
PART il—ENVIRONMENTAL. SSESSMENT To be completed by A enc
9
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes,coordinate the review process and use the FULL EAF.
❑Yes ❑No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No,a negative declaration
may be.superseded by another involved agency.
❑Yes ❑No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic,agricultural,archaeological, historic, or other natural or cultural resources;or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna,fish,shellfish or wildlife species, significant habitats,or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly.
C5. Growth,subsequent development,or related activities likely to be induced.by the proposed action? Explain briefly.
C6. Long term,short term,cumulative,or other effects not identified in C1•C5?Explain briefly.
C7. Other Impacts(including changes in use of either quantity or type of energy)? Explain briefly.
D. IS THERE, OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑Yes ❑No If Yes,explain briefly
PART III—DETERMINATION OF SIGNIFICANCE To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. .
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed.
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
❑ Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
Name of Lead Agency
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer)
Date
2
14-16-4(2/87)—Text 12
/PROJECT I.D. NUMBER 617.21 SEQR
6C5 Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME
1_. n Cel 1�r' L d/e r-
3. PROJECT LOCATION: f
Municipality �. /� /G.1�10/� County U {�/-�
4. PRECISE LOCATION(Street address and road intersections, prominent landmarks,etc., or provide map)
5. IS PROPOSED ACTION:
XNeW ❑Expansion ❑Modification/alteration
6. DESCRIBE.,PROJECT BRIEFLY:
ell
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
IXYes ❑No If No,describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STATE OR LOCAL)?
�I Yes ❑No If yes, list agency(s)and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A'CURRENTLY VALID PERMIT OR APPROVAL?
❑Yes 2No If yes, list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑Yes ❑No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: .w se
Date:
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
MAY 1 2 1997
TOWN OF SOUITHOIP,l
George E.Pataki ""
Governor
Alexander E Treadwell
Secretary of State
May 8, 1997
Mr. Albert Krupski, Jr.
President, Board of Trustees
Town Hall
53095 Main Road
Southold, New York 11971
Dear Mr. Krupski:
Enclosed is my response to your letter dated May 1, 1997 regarding groin applications in the
vicinity of Cleaves Pt. Road. I hope my comments and observations are helpful.
After reviewing the information provided I offer the following observations:
• All of the structures (houses) are a long distance from the bulkhead and beach,
indicating that they are in no danger from erosion or flooding. Protection of a
bulkhead,or other secondary structures, or prevention of land loss, is often not
sufficient justification for groin construction.
• Engineering practice (as per the Corps of Engineers Shore Protection Manual)
indicates that groins should be spaced 2 to 3 times their length. In this case, 40ft
long groins should be at least 80ft apart. The design presented either has too many
groins, or the groins are too long.
• The National Shoreline Study by the Corps of Engineers notes that" only when
large amounts of sand are in transit is this method [groins] effective. The
accelerated erosion downdrift which usually results from groins is minimized when
sand is actinically added to the system." It is standard practice is to fill the groin
compartments with sand when they are constructed to prevent downdrift erosion.
However, filling the groin compartments does not guarantee that downdrift
impacts will not occur.
NYS DEPARTMENT of STATE
Division of Coastal Resources and Waterfront Revitalization
Albany,NY 12231-0001
Voice.(518)474-6000 Fax.(518)473-2464
• There was obviously confusion in trying to address the questions proposed by the
board. Although well intended, I do not think the answers provided are useful in
addressing the issues.
Upon receipt of your letter, I reviewed the US Geological Survey topographic map and National
Ocean Service nautical chart for the area. I also examined aerial photography for 1982 and 1988.
Unfortunately, I did not have any recent photos available. Based on review of these data sources
the following observations were made:
• The net direction of sediment transport in this area is from east to west. Given the
limited wave fetch distances surrounding this site and the proximity of the channel,
movement of sand alongshore might be due to currents as well as waves.
• Long shore perpendicular structures updrift and downdrift of the site have trapped
significant sand. Trapping of sand updrift of the properties could be contributing
to erosion at this site. Construction of short groins at this site may have limited
value given updrift sand losses.
• Quick measurements of beach width in 1982 and 1988 seemed to be similar to
present day (as per the tax map provided), suggesting that erosion over the long
term is slow (it could be incremental - no erosion for long periods followed by a
rapid loss).
These limited observations suggest that construction of groins may be more than is necessary to
abate erosion. Other methods may be effective. Implementation of these other methods could
have fewer detrimental impacts. In general, it is preferred that the method with the least potential
for environment harm be employed first, and that less preferable methods, such as groins, be used
only if other methods can be shown not to be adequate for the level of protection necessary at a
site.
At this particular location several alternatives should be considered individually or in combination:
c The next time the inlet to the east is dredged, place the sand in the littoral zone to
the west of the inlet. The sand will eventually drift down to this site and naturally
replenish the beach.
• Truck in sand/cobble fill to restore beach elevation. Slow erosion rates over the
long term make beach nourishment feasible. Sources of sand could be from an
upland source, from the fillet captured behind the inlet to the east (this would be
sand bypassing), or from the large accumulation of sand at Youngs Point (sand
backpassing). Using coarse fill material will help increase stability.
• No action. Since there is no threat to homes and we can expect the bulkhead to
prevent upland loss, only the fronting beach is in immediate jeopardy. Slow
erosion rates suggest that recent beach loss may be an unusual instance that might