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HomeMy WebLinkAboutTR-5314 Albert J.Krupski, President 0�� C� Town Hall James King,Vice-President h`Z` G� 53095 Route 25 Artie Foster ti P.O.Box 1179 Ken Poliwoda Z Southold,New York 11971-0959 Peggy A.Dickerson �ifi� O�� Telephone(631) 765-1892 Fax(631) 765-1366 i BOARD OF TOWN TRUSTEES May 21, 2003 TOWN OF SOUTHOLD Mr. John J.Nickles P.O. Box 56 1605 Arshamomaque Ave. Southold,NY 11971 RE: BEIXEDON DREDGING ASSN. &JOHN J. NICKLES. INLET TO PETTY'S POND @ TOWN HARBOR, SOUTHOLD SGTM#66-3-14 Dear Mr.Nickles: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday,May 21, 2003: RESOLVED,that the Southold Town Board of Trustees APPROVE the Amendment to Permit #5314 to a Ten-Year Maintenance Permit. Permit will expire April 25,2011. This is not a determination from any other agency. If you have any questions,please call our office at(631) 765-1892. Sincerely, cz, Albert J. Krupski, Jr. President,Board of Trustees AJK:lms HYPROORAPHIG MAP _ Loation Diagram "ENTRANCE TO PETTYS POND" -0.I Main Road S.R. ##25 51TUATTE: 5OUTHOLD �� -2.40.2 e TOM: 5OUTHOLD � � � 32 °$ w E 0 5UFFOL�G COUNTY O2 fiq, s 38-0.I sc SURVEYED 0I-28-0I Opp\�� �'S�hq U D GRAPHIC, SCALE I"= 40' 0.4,'Qj�� 6 �JC �V� �o ai�, j z` 3 9 -a.6 -4. fib' 7 Q7Ly 03 ��' So �C 1.2 Q O 0.3 f ,` �� -110 O lD 1DI �.;= �:J .`y e fl (� ��11 1pJ� � sflt Fen°inq s oo� �'N 3.6 innod bares o.a o.a °dr°m coo 1� G�' �4 B 1J I °. N PP 1.2 /> 5G�a X'Aa qoJ �o�o< , 9.o I I I I. I p~� �f! �' o. 2., �� TO n 5 II /'/ 0.4 v "p p '., w 001" c�o��� L` L I t®cy s s3 ''_ss ~0,�.�`4 s: -f� Qr Harbor Leo 0 9.6 i C� , ahwm �h �C4�9e s. /jf. :Is � O U t h p 1 cl 0.6 O6 06 3.6 55 Sb �oq� gffj• �j�6 -0b Appl(Gant: BeIXedOn E5tQte5 P.O.A. °'6 �� 05 O., 3� op� qs 55 e Proposed: Maintenance Dredging ___---_ - ------------- - -5.4 �t1` i`� 1 INM -25 c5- ituate• Southold 05 -44 6A 37 2� eQq Town: Southold N�-O7 -52 -5.0 Suffolk Gounty e� Purpose:Safe Navigation -S.B -6.1 Datum: a.1. . 0.6 7.9 w-Os fj 5.9 Tide Range: 2.5' -1 b -5.0 -4.B "Y j G�a�2 p� b/ ��\\ OO -5,5 P, 5.9 O oor0 o���t Q a pd2 OO o., B 23 e u p� (f -13 -3.6 eQd -2.9 \O 1.2 -z.o `\ 0 50 �p� y� Harbor 5b 45 (( �\V�V Z� C�fo 6.1 Flood 2., �.1 -5.9 Ebb -6.0 -45 -3.0 -SD Proposed Dredge Area -61 - - - - � � 5- - - - �� end - -(approX.Woo ydo. - - - - - -�H. 'Po�� Gr000 Gut to -5 m.l.w. I ahw r * Section o� - ----- --- ---- ---- ---- alw-- -- -- -- -- - - - --- 1 Elevations as • �, #1 W 1:3 S/l' Surveyed OI-OI O No.50197 o �� 10 20 30 40 50 C A N SAP Amended: Proposed 51 0 i1 Site 04-I S-O I TH15 DIAGRAM WA5 DEVELOPED (approx. 300c.yd5.) FROM ACTUAL FIELD 5URVEY5 - - - - - - - - _ - - - - GONDUGTED JANUARY 28, 2001 1O Plant 5poll Area with Gape American Beach Grass PREPARED BY: Recent Gr000 Area of IS" on center SEA LEVEL ' -- Erosion _ -_ Malnln Silt Fencing___ -- __ _ _ Section 5 rz a pinned bales until ta - --- -- --Elevations as --- - - �•1 IO i Spoil has dried Surveyed OI-OI MAPPING # / < ahw b EA5T MAIN 5TREET L. w RIVERHEAD,NY IIQOI 63-121-375-7 ROBERT H. FOX, NY5 Lir-# 501G'7 o RANGE) - - L - - - -J - - L - - - J - - - - - - 1 - _ L J FAXNE 3II369-5281 REF.-\\Hp clommer\d\slm\pettys5.pro O 10 20 50 40 50 alw Sheet I Of I Jun 02 08 02:43p Latham Sand And Gravel 6317342318 p,1 0511rs/2ge7 .'13:47 May. 1Sat-QM P1 hRFJIP► C i'SI INC FRK No- 63i4 -'89'31 New York State'Department of Environmental Conservation Walon of EnViron.mett4a11 PaMita,ReOps Otte SUNY @ Sbny Brooh,50 Crde Read,Stony Brook,NY 11?90-3409 Pha pe:(631)444-0366 - FA)C:(831)444-MO t�oRtd�: .dee.st�4�:.¢tyu� Alm under B.damats . t�rnrn�ssieftae • t�itli�l�1 �VYAp. ` may 11,2007 Die.J01M J.M*1106 Bdxedm i.Veda Ash. i ' pia,Now Y 11971 _ i J U N T 2 2008 oSr,,TW-I -6-3-14 "Torr Ameed VMpW to exOcxd[the above pwmt hae been=viewed paasuaut to ft i lnlfostn tegWadm(6NYCRR fast 621)and fotmd to ba sppa+ov�61e. 7(1i of ,17atr p nit ja bw,+,y P.mmax1od to May 30,2011. $,IgW lu a w,04fda+t u to&c oli0aai perinit and, su*shall be aveslsbla at ttto patmitW �:il����3a+��av�s�x�a�ctdr„esi wotic as hn pmgcss, �Qndllb ew �Deaf 6n a or rd permit Shmae3y, a Bvens • ear;�:�,t� �.�k�tla �u . New York State Department of Environmental Conservation Division of Environmental Permits, Region One Am Building 40••-SUNY, Stony Brook, New'York 11790-2356 Phone: (631)444-0366 • FAX: (631) 444-0360 Website:www.dec.state.ny.us Erin M.Crotty Commissioner 'May 31, 2001 John J. Nickles Beixedon Dredging Association P.O. Sox.877 Southold, NY 11971 RE: 1-4738-00817/00005 Dear Permittee: In conformance with the requirements .of the State Uniform Procedures Act (Article 70,. ECL).and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions'carefully. If you are unable to comply with any conditions, please contact us at the above address. . Also enclosed is a permit sign.which is to. be'conspicuously posted at the project site and protected from. the weather. Sincerely, . Marilyn . Peterson Environ' mental Analyst MEP/Is Enclosure Mill 50/T0 ADVCl SlIWN3d TN 03QSAN 09E0-bbb-T£9 99:91 800Z/Z0/90� NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-00817/00005 May 31, 2001 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATES) Under the Environmental Conservation Lew May 31, 2006 TYPE OF PERMIT ■ New ❑ Renewal ❑ Modification ❑ Permit to Construct [3 Permit to Operate ■ Article 15, Title 5: Protection ■ 6NYCRR 604: Water. Quality ❑ Article 27, Yitle 7; 6NYCRR of Waters certification 360: Solid Waste Management ❑ Article 15, TitL'a 15e Water ❑ Article 17, Titles 7, & SPDES ❑ Article 27, Title 9; 6NYCRR Supply 373: Hazardous Waste Management ❑ Article 19: Air Pollution ❑. Article 15, Title 15: Water Control ❑ Article'34: Coastal Erosion Transport Management ❑ Article 23, Title 27: Mined 13 Article 15, Title 15:•Long • Land Reclamation El Article 36: floodplain ' Island Wells Management ❑ Article 24: Freshwater Wetlands ❑ ' Articls •15, Title 27: Wild, CTArticles 1, 3, 17, 19, 27, 37; Scenic and Recreational Rivers ■ AttitLe 25: Tidal Wetlands 6NYCRR 380: Radiation Control PERMIT ISSUED TO TELEPHONE NUMBER John J. Nickles/Beixedon Dredging Association (631) 765-341.6 ADDRESS OF PERMITTEE P.O. Box 877, Southold, NY 11971 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER catherihe Mesiano, Inc., 12 Mi,LL Pond Lane, East Moriches, NY 11940 NAME AND ADDRESS OF PROJECT/FACILITY Nickles property,* Arshamone ue Avenue LOCATION OF PRbJECT/FACILITY Southold COUNTY TOWN WATERCOURSE NYTM CODRDINATES .Suffolk Southold DESCRIPTION OV AUTHORIZED ACTIVITY: Maintenance dredge an area(35'x 150')to-5 average low water and recover 300 cu.yds.of material whlch will be used above•average high water as beach nourishment on adjacent beach to the west and on the property shown as lot 4 SCTM#1000-66-02-46 Thomas Ball.. Any excess fill remaining will be removed to an,approved upland location. All work is to be done in accordancd with the attached plans stamped NYSDEC approved. By acceptance of this.permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS Roger Evans (MEP) Bldg. #40 SUNY Stony Brook NY 11790-2356 AUTHORIZED SIGNATURE DATE' • 7ag of 4 Ma 31 2001 90/Z0 3E)Vcl SiIHN3d TN 03GSAN 09E0—bbV—tE9 99:9T 800Z/Z0/90 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A. Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives,employees,agents, and assigns.for all claims, suits, actions, damages, and costs of every name and description, arising out of or resulting from the permittee's undertaking of activities or operation and maintenance of the facility or facilities authorized by the permit in compliance or non-compliance with the terms and conditions of the permit. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for-informing its independent contractors, employees, agents and assigns of their responsibility to comply.with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the'same sanctions for violations of.the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits,approvals,lands,easements'and rights-of-way that maybe required to carry out the activities that are authorized by this permit. Item D; No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the Impairment of any rights, title, or interest in real or personal property held or vested In a person not a party to the permit. GENERAL CONDITIONS General Condition 1: 'Facility Inspection by the Department The permitted site orfacility, including relevant records,is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL.Such-representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3)_ The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site.or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department,issuance of this permit does not modify,supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or.determination.' General Condition 3: Applications for Permit Renewals or Modifications The permittee must'submit a separate written application to the Department for renewal,modification or transfer 'of this permit..Such application must include any forms or supplemental information the Department requires.Any renewal, modification or transfer granted by the Depertment'must be in writing. The permittee must submit a renewal application at least a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities(HWMF), major Air Pollution Control(APC)and Solid Waste Management Facilities (SWMF); and b) 30.days before expiration of all other permiftypes. Submission of applications for permit renewal or modification are to be submitted to:. NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg*40, Stony Brook, NY 11790-2366 General Condition 4: Permit Modifications,Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL.and pertinent regulations is found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material Information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have.materially changed since the permit was issued. DEC PERMIT NUMBER PAGE 2 OF 4 1-4738-00817/00005 50/E0 3Jtid SJJW 13d TZtI 03GSAN 09E0-VVV_TE9 99:9Z 900Z/Z0/90 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS.FOR ARTICLES 15(TITLES),24;26,34 AND 6NYCRR PART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position ofthe structure or work he authorized, or if, in the opinion of the Department-of Environinental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the'State, or cause loss or destruction of the natural resources of the State,the owner may be ordered by the Department to remove oralterfhe structural-work,obstructions,or hazards caus®d thereby withoutexpense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed,the owners,shall, without expense to the State,and to such extent and in such time and mannerasthe Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim.shall be made against the.State of New'York on account of any such removal or alteration. 2. The State of New York shall in no case:be liable for any damage or injury to the structure or work herein. authorized which may be caused by orresultfrom future operations undertaken by the State for the conselvation or improvement of navigation,or for other purposes,and no claim or right to compensation shall accrue from any such damage. 3. Granting of this permit does not relieve the applicant of the.responsibility of obtaining any other-permission, consent or approval from the U.S.Army Corps of Engineers, U.S.Coast Guard,New York State Office of General Services or local government which may be required. 4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 5. Any material dredged in the conduct of the work'herein permitted shall be removed evenly,without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep-holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized.' 7: 'if upon the expiration or revocation of this permit, the project hereby authorized has not been.completed, the applicant shall,without expense to the State,and to such extent and in such time and manner as the Department Of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 8. If granted under 6NYCRR Part 608,the NYS Department of Environmental Conservation hereby certifies thatthe subject project will not contravene effluent limitations or other limitations or standards under Sections 301; 302, 303, 306 and 307 of the Clean Water Act of 1977(PL 95-217) provided that all of the conditions listed herein are met. 9. At least 48 hours prior to commencement of the project,the pe'rmittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and undorstand all terms and conditions of this permit. Within 30 days of dompletion of project, the'bottom portion of-the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 10. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or•his agent as.part of the permit application. Such approved survey was prepared by,Robert Fox d I n .Mesiano sta 'IpedNYSD C a roved.513101, DEC PERMIT NUMBER PAGE 3 OF 4 1-4738-001317100005 �nH� SIJVIN1ld lli 03QSAN 09E0-bbb-ZE9 99:91 BOOZ/ZO/90 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected-buffer areas. 2. The storage of construction equipment and materials shall be confined to terminus of Arshamonaque Avenue. 3. All dredged material shall be disposed on an approved upland site and be retained so as to not re-enter any water body, tidal wetland or protected buffer area. 4. During the dredging operation,the permittee and his contractor shall prevent spillage of sediment during excavation and haulage. Dredging shall be accomplished with a clam shell or other closed"bucket" equipment. S. Excavated sediments shall be placed directly into the approved disposal site or conveyance vehicle. No sidecasting (double dipping) or temporary storage of dredge material is authorized. 6. Dredging is prohibited from June 1 - September 30 of each year to protect spawning shellfish and/or spawning finfish. 7. The use of a dragline for dredging is strictly prohibited. 8. Dredging shall be undertaken no more than once•in any calendar year unless specifically authorized by the Department. 9: For maintenance dredging projects, per'mittee shall submit a Notice of Commencement prior to each dredging occurrence, specifying the-disposal site (including an updated site plan). Upon completion, a Notice of Completion specifying the amount of dredged material deposited at the approved disposal site must be submitted. DEC PERMIT NUMBER PAGE 4 OF 4 1-4738-00817/00005 caeca AnklA SIIWN3d Td 03GSAN 09E0-VVV-1£9 99:91 800Z/Z0/90 or Board Of Southold Town Trustees SOUTHOLD, NEW YORK �_ 32001 4- DAT . P J ERMIT NO. ... ... ............ ........ I E. May � - \. i BEIXEDON DREDGING ASSN.&JOHN•••J-..NICKLES «- 1 - ISSUED TO .............................................................................................. Pursuant to the provisions of Chapter 6t5 of the Laws of. ` = the State of New York, 1893; and Chapter 404 of the Laws of the Y« / State of New York 1952; and the Southold Town Ordinance en- OBSTRUCTIONS titled ."REGULATING AND THE PLACING OF .v IN AND ON TOWN WATERS AND PUBLIC LANDS and the t REMOVAL OF SAND, GRAVEL-OR OTHER MATERIALS FROM- LANDS } '•. UNDER TOWN-WATERS;'•.': and in accordance with the - • April 25, Resolution of The Board adopted at a meeting held on .....................:..... . S 200I f ' n and in consideration of the sum of $200.00 ry Catherix�Q...Mesiano...for...B,eixedon...D.redging•..As&n•.�J.l ickles of ........East Moriches .. N. Y. and: subject to the . ry r Terms and Conditions listed on the.. reverse side hereof, of Southold Town Trustees authorizes and permits the following: •'" dw i Wetland Permit to maintenance dredge approx. 300 cy. of shoaled material from the inlet to Petty's Pond to a depth of 5 ft. below MLW at 1:3 slopes, over an irregularly shaped area with maximum dimension of 35I8150' for the purpose of navigational safety. Dredge spoil is to be deposited above mean high water on the eroded beach of the lot to the •`.r `�„��•, �' west of the inlet. Silt fencing will be placed and'maintained on the north, east and south Z.. �, �'��, •��. - sides of the spoil site. The spoil site will be planted with Cape American beach grass on 18" centers. all in accordance with the detailed specifications as presented in :c the originating application. " *= The said Board of Trustees Mere- IN WITNESS WHEREOF, ,> Seal to be affixed, and these resents to 1 ' y by causes its Corporate E� be subscribed by a majority of the said Board as of t is date. ;a ��. I q� N Cm j'�yr, ? _�•v 30^ Henry Smith- - Absent ; Trustees ` 3. ;;i v r -�•—...�T..� Div 13:1`''-r �*#1ti► s�'�Y�f' ./��__ .. ' \ �� yr-,LI,�•iT �,,�'+2'�:"i�_%uu''T.Ef+•t./i'�t✓Sc ,L"'' `:'+� - 0 F•�� 'q:�,,'r �Ro• �`'�i.� `3i '`'i'n;�Y,-..�j►,�S14t '�%r-..,,' TERMS and CONDITIONS The Permittee Beixedon Dredging Assn & John J. Nickles residing at P.O. Box 877, Southold N. y, as part. of the consideration for the issuance of the Permit does understand and prescribe to the fol- lowing: i. That the said Board of Trustees and the Town of Southold ate released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any oiler- ation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits-initiated by third parties, and the said Permittee assumes fall liability with respect thereto, to the complete'exclusion of.the Board of Trustees of the Town of Southold 2. That this Permit is valid fora period of 24 mos. which is considered to be the estimated time'required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that auth- orization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with.the provisions of the originating application, may be cause for revocation of this Permit by resolution of the.said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. G. That there shall be no interference with the right of the public to pass and repass long the beach between high and low water marks. 7. That if future operations of the Town of Southold require the.removal and/or alterations . in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the. work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice., to remove or alter this work or project herein stated without expenses to the Town . of Southold. S. That the said Board will be notified by the Permittee of the completion.of the work Auth- orized. 9. That the Permittee will obtain all other permits and consents that may be required sup- plemental to this permit which may be subject to revoke upon failure to obtain same. Albert J.Krupski,President OSUFF�(�►C Town Hall James King,Vice-President hr��► �l/,y 53095 Route 25 o= � P.O.Box 1179 Henry Smith Southold,New York 11971-0959 y Artie Foster �? Ken Poliwoda • `F Telephone(631)765-1892 Fax(631)765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 1, 2001 Ms. Catherine Mesiano Catherine Mesiano,Inc. 12 Mill Pond Lane East Moriches,NY 11940 RE: BEIXEDON DREDGING ASSN. &JOHN J.NICKLES Inlet to Petty's Pond @ Town Harbor, Southold SCTM#66-3-14 Dear Ms. Mesiano: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 25,2001 regarding the above matter: WHEREAS, Catherine Mesiano,Inc. on behalf of BEIXEDON DREDGING ASSN. &JOHN J.NICKLES applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 4, 2001 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 April 25, 2001 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 standards set forth in Chapter 97 of the Southold Town Code, 2 r--- 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 approve the application of BEIXEDON DREDGING ASSN. &JOHN J. NICKLES to maintenance dredge approx. 300 cy. of shoaled material from the inlet to Petty's Pond to a depth of 5 feet below mean low water at 1:3 slopes, over an irregularly shaped area with maximum dimension of 35'X 150', for the purpose of navigational safety. Dredge spoil is to be deposited above mean high water on the eroded beach of the lot to the west of the inlet. Silt fencing will be placed and maintained on the north, east and south sides of the spoil site. The spoil site will be planted with Cape American beach grass on 18" centers. 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/hns cc: DEC ACE Dept. of State PUBLIC NOTICE AUG - 3 2001 US Army Corps �; , ;i L---✓'I! of Engineers ___ i) New York District In replying refer to ';' ^ �� ' ff,, r! i , „ Jacob K Javits Federal Building Public .Notice Number001=Ofl715-Z2 New York, N.Y. 10278-0090 Issue Date: August 3, 2001 ATrN: Regulatory Branch Expiration Date : September 3, 2001 To Whom It MayConcern: R The New York District, Corps of Engineers has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344). APPLICANTS: John J. Nickles and'Beixedon Dredging Association P.O. Box 877 Southold, NY 11971 ACTIVITY: Maintenance dredge with beach nourishment and upland disposal- WATERWAY: Petty's Pond Inlet, Southold Bay LOCATION: Town of Southold, Suffolk County, New York. A detailed description and plans of the applicants' activity are enclosed to assist in your review. The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof, among those are conservation, economics, aesthetics,general environmental concerns, wetlands, historical properties, fish and wildlife values, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production,mineral needs,consideration of property ownership and,in general the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue,modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise, it will be presumed that there are no objections to the activity. Any person may request, in writing, before this public notice expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, with particularity, the reasons why a public hearing should be held. It should be noted that information CENAN-OP-RE PUBLIC NOTICE NO. 2001-007I5-L2 submitted by mail is considered just as carefully.in the permit decision process and bears the same weight as that furnished at a public hearing. Our preliminary determination is that the activity for which authorization is sought herein is not likely to affect any Federally endangered or threatened species or their critical habitat. However, pursuant to Section 7. of the Endangered Species Act(16 U.S.C. 1531), the District Engineer is consulting with the f appropriate Federal agency to determine the presence of and potential impacts to listed species in the project area or their critical habitat. x Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites eligible for, or included in, the Register within the permit area. Presently unknown archeological, scientific, prehistorical, or historical data may be lost by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 (b) of the Clean Water Act and the applicants will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as amended [16 U.S.C. 1456 (c)], for activities under consideration that are located within the coastal zone.of a state which has a federally approved coastal zone management program, the applicants have certified in the permit application that the activity complies with, and will be conducted in a manner that is consistent with, the approved state coastal zone management program. By this public notice, we are requesting the state's concurrence with, objection to, or waiver ofthe applicants' certification. No permit decision will be made until one of these actions occur. For activities within the coastal zone'of New York State, the applicants' certification and accompanying information is available from the Consistency Coordinator, New York State Department of State, Division of.Coastal Resources and Waterfront Revitalization, - Coastal Zone Management Program, 41 State Street, Albany, New York 12231, Telephone (518) 474 6000. Comments regarding the applicants' certification, and copies of any letters to this office commenting upon this proposal, should be so addressed. In addition to any required water quality certificate and coastal zone management program concurrence, the applicants have obtained or requested the following governmental authorization for the activity under consideration: • New York State Department of Environmental Conservation Permit • Town of Southold Permit It is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact this office at (212) 264-3912 and ask for Sophie Ettinger. For more information on New York District Corps of Engineers programs, visit our website at http://www.nan.usace.army.mil FOR THE DISTRICT ENGINEER: Pleaol. L Richard L. Tomer Acting Chief, Regulatory Branch Enclosures CENAN-OP-RE ' PUBLIC NOTICE NO. 2001-00715-L2 w WORK DESCRIPTION The applicants, John J. Nickles and Beixedon Dredging Association, have requested Department of the Army authorization to dredge material from Petty's Pond, Southold Bay at the Town of Southold, Suffolk County, New York with ten years maintenance and subsequent beach nourishment and upland disposal. The work would involve dredging, with ten years maintenance, of approximately 300 cubic yards of material from an irregularly shaped area with approximate dimensions of 35 feet by 150 feet in the inlet to Petty's Pond to a maximum depth of 5 feet below the plane of mean low water. Side slopes of the proposed dredge area would have slopes of 1:3. The dredged material would be placed above mean high water line as beach nourishment on an adjacent beach to the west of inlet and/or on the upland property of Thomas Ball. All dredged material be suitably retained so as to prevent reentry into any waterway. Return flow would be authorized to reenter the waterway through after filtering through a silt fence and hay bales. Three additional dredging events are anticipated if a ten-year maintenance dredging permit is issued. Approximately 300 cubic yards of material are anticipated to be dredged per event. The stated purpose of this project is to restore and maintain previously authorized depths in the inlet to Petty's Pond and nourish eroded beach. 3 i MAP Loation Diagram N nt.s.FY'S POND Moln R a.02 oad S.R.025 C�A� a2 /j�I 3e -56 CO U 'Po ai 12",, 0<0% .6rO�, •:, 4.. Al boa�:3. ve y 3 ,�pf1� s11t fenclna f. •° r:e e, ' ,000 q-N a I-ad bo 100 s., I / 4:•. �l NIPPodr a m. . u-UG FSay` `, 'o II , .9 p� J(1fj),•b�•o.+ 21 tF Town -53 o` .e I I ail .0 3, ., f3 O y POe II ` � ohwm a6 �l ;`�S, -51 -//ff/ ,.�o ..�:+ of O U t�'1 old �{ oe ��� Ob o, 06 °° °� -se r3�o}�^eA �e Ap�licant: Beixedon Estates P.O.A. c , 1 p�QQ.,, 4 roposed: Maintenance Dredging alwm S -„ '�sP Situate: 5outhold ` o, 4O .. ,, oa Town: Southold 5uFfolk Purpose:5 FeNavigation oe o, , ..a •se .e, - Datum: a.l.w. -2e Tide Range: 2.5' +/- aA -21 e00 -V •33 .se ap •,c ao Town Harbor Flood Ebb .6. „J -3o • -3a Proposed Dredge Area �1- - - - -i��l'v,ead -.- - - - -(approx.300c_ydo.)- - - - - —., °r y Cr055 I cut to-5 M.I.W. ° l* cJeGtlOn ----------- ---------`--------------------=---- a1w SElevotlons as urveyed 0I-01 5L RANGE) — L — i —°F6 O \ 0 10 20 30 'O Proposed Spoil Site (approx.300c.yds.) s Io- -- — ,Y••—I— — Plont5po11AreaHFth— — — -- — -'- — — — -_ — — i Gape American Beoch Grass Cr055 Area aF ,I �F , on center I Recent .? -� _' • • Erosion Is - e1n3o'n sntpgnc_ - i - SPARED E BY Section ----- hl�n�ili�rF�--- ----------=_=-- SEA LEVEL almed tale,anti - =Elevatlans.vs------ i MAPPING ��jjj(,,//''� •� .rt-•, Spoll has dried Surveyed 61-01 77 (r Iy _ ohw RIVER HEAP.NYEAST MAIN TIRI90I �• I -1I I L PHONE 631-127-3151 - OO a_v+G�—— 0——L— G— — — — —30 — — _ e0— — _ — — 1',-- —L J 01. FAX 631-369.8281 - --- ...--- ----- — - --- - -L--- - --------- --- Sheet I OF I o 44'a'. UfHCIAL MAIL ' DEPARTMENT OF THE ARMY PENALTY U.S.ARMY ENGINEER DISTRICT,NEW YORK FOR JACOB K.JAVITS FEDERAL BUILDING0 USE $30 AS OTT I PRIVATE 4 0 3 . NEW YORK,N-Y_1027" 0 * * PB METER FI OFCIAL BUSINESS e7251926 g.S. POSTAGE PENALTY FOR PRIVATE USE,S300 SOUTHOLD BOARD OF TOWN TRUSTEES PO BOX 728 SOUTHOLD NY 11971-0728 'v ,,I It I I 111 1111m I Il 111iijil I fit 1 14 11 1111111111 111 It It 1 11 Thomas&Barbara Ball 1890 Arshamomaque Ave. Southold,NY 11971 APR 2`5 2001 Town of Southold _ Board of Trustees r.a i Southold,NY 11971 April 25, 2001 Dear Southold Town Trustees: We are writing in response to a dredging application by Beixedon Dredging Association and John Nickles. Our property is adjacent to the proposed spoil site. We are concerned because our property is being eroded by the bulkheads at the entrance of the creek, particularly the groin on the east side of the creek. We feel the spoil should be placed in such a manner that the eroded beach will be renourished. In years past the dredging company placed the sand along the bulkheads with enough sand to cover the rocks. We are also concerned about the proposed silt fencing, which is to be placed and maintained on the north, east and south sides of the spoil site. We feel this.will impede the natural east to west movement of sand along the beach. The beach is badly eroded and we are counting on the renourishing of the beach from the dredging every few years to help alleviate the problem. I would also like to have the applicant's survey, developed by Robert Fox, amended to reflect that our correct address is 1980 Arshamomaque-Avenue. Also please note that on the upper right hand corner of that survey it is stated that the applicant is Beixedon Estates P.O.A. The applicant is not related in any way to the Beixedon Estates Association, which includes all the property owners of Beixedon Estates. Thank you for your consideration. Sincerely, Thomas&Barbara Ball FROM : FAX NO. 71B3470155 Apr. 24 2001 12:05PM Pi APR 2 5 2001 J :� lorna Bruno llibassi 1724 Arshamomaque Ave. Southhold, NY 11971 Board of Trustees Southold,NY 11971 04/24/2001 To the Southold Trustees: We, Alma and Brune; Ilibassi, are the owners of the hone located at 1724 Arshamomaque Ave. Southold. Our house is situated between. Mr. Tom Ball's home and N r. Howard Friedman's home. Our beach is being washed away daily, We dead to you to allow the remains of the upcoming dredging from the adjacent Canal to be deposited on our small disappearing beach, ^•'he canal's b'Ulkhead is the cause of our beach croslon and the sand is deposited in the can-ra. Therefore, these remains need to be returned on our beach.. Thanking you in ad fiance, we are. Gratefully, Alma 1libassi --nd Bruno i-11-b ssi Howard Freedman, M.D. P.O. Box 686 Greenport, N.Y. 11944 APR .2 0 2001 April 18, 2001 Trustees Town of Southold Re: Dfred:g ng_. 6f. Ai tbt Southold, N.Y. 11971 to Petty' s Pond Gentlemen: My year:..-round full time residence is in Biexidon Estates on the beach front at 1726 Arshamomaque Avenue, Southold. It has come to my attention'-.that an application has been made to dredge the inlet:..to Petty' s Pond. 1 . I have no objection to and support the dredging of the inlet which is certainly required to keep the inlet navigable. 2. I object to the disposition of the spoil as indicated on the application and accompanying survey. The western extent of the erosion is much greater than is indicated, reaching as far as Rogers Road. The erosion of the whole beach front west to Rogers Road is due, at least in part, to the excessively long jetty extending into the Bay east of the inlet which acts to starve the beach west of the inlet by impeding the normal litoral drift and diverting the sand out into the . Bay. 3. The spoil Should be placed along the beach between the high and low water marksand be- permitted to drift westward to nourish the beach. On PrEwIous oecagions whe�i'-,the iftlet`:Vas' dredged, '.;the spoil wasi di8tributed" fal'bng the beach west of the inlet. 4. . Please explain what is meant b "silt fencing" and its purpose. I would appreciate the opportunity to speak to the Trustees about . these problems. Respectfully, 1-J l Tel: 76.5-5718 Howard Freedman, M.D. C�11 G �G Town Hall. 53095 Main Road P.O. Box 1179 Telephone Off. OT Southold, New York 11971 (631) 765-1892. SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Monday, April 16, 2.001, the following recommendation was made: BEIXEDON DREDGING ASSN. & JOHN J. NICKLES 66-3-14 to maintenance dredge approx. 300 cy. of shoaled material from the inlet to Petty's Pond to a depth of.5.feet below mean low water at 1:3 slopes, over an irregularly shaped area with maximum dimension of 35'X 150', for the purpose of navigational safety. Dredge spoil is to be deposited above mean high water on the eroded beach of the lot to the west of the inlet. Silt fencing will be placed and maintained on the north, east and south sides of the spoil site. The spoil site will be planted with Cape American beach grass on 18" centers. Inlet to Petty's Pond @ Town Harbor, Southold The CAC did not make an inspection, therefore no recommendation was made. The CAC has a concern for the nesting shore birds in reference to the dredge.spoil sites. -. .u. E ti4, 1 40R EL r' stj St RU�+T�')i;S OT'}' {,. 1{r1R R 'l {ti - Ji+ttlt A1bCr! ]. Krt,pski, Jt., Vic% t'ri'Sli1�!�t ri (1')S 11nin l�tfa�l Iloll}' P. Sritith � I':n, fins i 1`1`t. .li)hn B. Tuthill �V;lli�tr<l G. Albtrt�i.,!► �y�01 +��� � �i.futhit{fl. �it'.\\' 1'�,r4; I I`)7i '}clel,hr,n� (51c,) '7l>�•lwit `rz�'»' - RIX (51t;1 70-1823 OF TOWN T.Kl�.SI ::FS 2 5 , 1993 3 e,l-Consultants 132) North Sea Road soutria.mpton I RE: Hezxeclon last c1t'.e':3 Doar 'rrvstce5 c,n Jul7c � , :-( f �»i ��} h� �.i)1^ tiJ(,J it tjE.:.-.,'i it 'r':l,rir '9'�..�A i�•Srt71J3ic" 1`t:�y t,+..t' _r[1. llT"y r { ( }t ;y J. t.%?.( Itt., l I;' TrrJ.!;ti'.t. , -- - J Dili: nth Town Hall ski,President . r .. :.` 530915. R79 --Albert J.Krup :; P.O.Bolt` John Holaapfel,Vice President �: Southold,New,York 11971 William G. Albertson �'p • Telephone(516)765•1892 Maetin H. Garrell Fax(5161765-1823 y'��1. ��� Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOP April 29. 1444 b y(j APR -- 4 r!.li!i John Nickles Lewis & Nickles Realty Main Road 1.1971 Southold .Ny Re: BEIXEDON ESTATES SCT14. #66"3. Dear Mr. .Nickles► by. ths::Board. of Trustees at .their following action was taken lar meeting of April*.28, }.994: raga an •th^ld._Town Board of ,Tr�steest rangy RESOLVED, .that' the Sou t 23 , 199.8. grog. �L r� Tres Au9 amendment to Permit #255 for main e concurrent with.the DEC Permit which':.: terial be. p�aae on the.. Trustees;:.also. reQue5ts that spoil;ma. ....::.:.:: The s Pond. west side: of Petty our.,:office. stion. please have .any clue If you sincerely, Albert J. Krupski, Jr- president, . Board of Trustees AJR/djh cc. CAC i }, � L' =EE 6EGrv°.666 lK „L3 �—— --� ---�( COUNTY `�,� �,��'.> ,�'A ,r, .•\..\ yam° ,, ",� 1 i OLD SECTION NO NOTICE K •6 w.....w w.....� --_ ...e...w —_ �. RAP o�ertYOTa�.x.,.or�O eKivmO 4 OUTH m.:s ww _-• c - _ .i d _ _ - - _ y PO Box 1708 Southold,NY 11971 May 30, 2008 � Southold Town Trustees G; MAY 3 0 2008 54375 Route 25 PO Box 1179 f .._— -•-- - ----._._h Southold, New York 11971 Dear Southold Town Trustees: A dredge pulled in this morning(May 30,2008)in the Petty's Pond Boat Basin(John Nickles project—permit#6830) It is dredging sand and placing the sand to'the east side of the jetty. We ask that you immediately stop the work for the following reasons. 1. There doesn't appear to be a valid town permit for this dredging. 2. Dredging after the allowable deadline. 3. The sand(according to USACE permit)is to be placed on the western downdrift beach. Thank you for your consideration. Sincerely, ®� Thomas Ball .7c) 631-765-4354 John J. Nickles P. O. Box 56 1605 Arshamomaque Avenue Southold, New York 11971 May 15, 2003 Re: Trustee Permit# 5314 Attn:Lauren Standish V E D Southold Town Trustees Southold Town Hall Annex MAY 15 2003 at Feather Hill Southold,New York 11971 Southold Town Board of Trustees Gentlemen: I and the Beixedon Canal Dredging Assoc. respectfully request that the Board amend the aforementioned permit#5314 to a ten year maintenance permit. Thank you very much for your consideration, and if you have any questions or require any additional information please call me directly at 631-765-3416. V TIN yours, Joc es Albert J.Krupski, President ��S�1FF0��-c Town Hall James King,Vice-President 53095 Route 25 Henry Smith y� P.O. Box 1179 Artie Foster Southold, New York 11971-0959 Ken Poliwoda ap Telephone(631)765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only _Coastal Erosion Permit Application ,eWetland Permit Application Major Minor Waiver/Amendment/Changes --- Received Application: 414 ( _VReceived Fee.$ AOO Completed Application q ID14101APR — 200I Incomplete _SEQRA Classification: - Type I Type II Unlisted Coordination:(date sent) _/CAC Referral Sent: L40 b I�r�szo Date of Inspection: 11,11VIYYIQQ-t"v, _Receipt of CAC Report: Lead Agency Determination: _Technical Review: /Public Hearing Held: q Q 01 Resolution: Name of Applicant 9ei6eed0rn l7 t A 4 n. � Joti� J N �c�c1P5 Address_j?�o,c N `J 1 1471 Phone Number:(a) 7 6 s- 341,6 Suffolk County Tax Map Number: 1000- G(. �l- Property Location:Ared.g c s'It,: w e-F -6 �e.44 '.s Qo nci Cad own 1'�Ci-Y.�o r 1� (� 11 11 SpVTHoc. � Sooi � StT'� (5h moma.4u� peiY.e- � �5`t4.?CS SGZYYI l0ao- le(.-3-i } (provide LILCO Pole#, distance to cross streets, and location) AGENT:- C zer t v►� I"`�5�a,rt ►� (If applicable)' q I �I Address: i 3- 11 �. MoffAes rWC 1040 Phone: 631- 2-n-21 s1 r JOHN J.NICKLES and BEIXEDON DREDGING ASSN. Arshamomaque Ave.,Southold SCTM#1000-6&3-14 PROJECT DESCRIPTION: Maintenance dredging of approximately 300 cu.yd. of shoaled material from the inlet to Petty's Pond to a depth of 5 feet below mean low water at 1:3 slopes, over an irregularly shaped area with maximum dimension of 35' x 150', for the purpose of navigational safety. Dredge spoil is to be deposited above mean high water on the eroded beach of the lot to the west of the inlet. Silt fencing will be placed and maintained on the north, east and south sides of the spoil site. The spoil site will be planted with Cape American Beach Grass on 18" centers. The proposed spoil site has been significantly eroded and placement of dredge spoil will replenish the shoreline as well as help replenish the longshore drift East to West. STATEMENT OF EFFECT, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations: Minimal impact is anticipated. • The depth of dredging is proposed at 5' to minimize potential for undermining toe of existing bulkhead at east side of inlet. • Boat traffic will cause bottom disturbance if dredging is not done. • Spoil site is an eroded area that requires restoration. APR Board of Trustees Application GENERAL DATA Land Area(in square feet): Area Zoning: Previous use of property: Intended use of property: Prior permits/approvals for site improvements: Agency Date A4,, ,.�_ ass Y1 a8l9AJ aYS DC-C �l-`4738-008i7-0000/-D P.&3193 - Rbol4e No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No Yes If yes, provide explanation: Project Description(use attachments if necessary): Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: � _ Area of wetlands on lot: square feet Percent coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? No Yes If yes, how much material will be excavated? + 30 O cubic yards , How much material will be filled?_1 300 cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: I : 3 Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations(use attachments if appropriate): NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: NAME Beixedon Dredging Assn. & John J. Nickles SCTM # 1000-66-3-14 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Perform mechanical maintenance dredging of approximately 300 cubic yards of shoaled material from the inlet to Petty's Pond to a depth of 5 feet below mean low water at 1:3 slopes, over an irregularly shaped area with maximum dimension of 35' x 150', for the purpose of navigational safety. Dredge spoil is to be deposited above mean high water on the eroded beach of the lot to the west of the inlet. Silt fencing will be placed and maintained on the north, east and south sides of the spoil site. The spoil site will be planted with Cape American Beach Grass on 18" centers. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Inlet to Petty's Pond at Town Harbor, Southold and Vacant lot at Arshamomaque Ave., Southold 3. That the project which is subject to Environmental Review under Chapters 32, 37,or 97 of the Town Code is open to public comment on April 25, 2001. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. APPLICANT'S NAME: Beixedon Dredging Assn. & John J. Nickles MAILING ADDRESS: Box 877 Southold, NY 11971 OWNER'S AGENT: Catherine Mesiano, Inc. APR - 4 12 Mill Pond Lane East Moriches, NY 11940 631-878-8951 Enc.: Copy of sketch or plan showing proposal for your convenience. FROM : LEWIS & NICKLES,LTD. PHONE NO. : 631 765 4096 Mar. 18 2001 01:13PM P1 PPOM C MES I AI4i0 INC r•ii), NO. : 631-87 8951 Mat, 18 2E+01 11:43AM F,1 AUTHORIZATION 1, John J. Nickles, residing at Box 877, Southold, NY do hereby authorize Catherine Meslano, Inc. to apply for permits from the Southold Board of Town Trustees and New York State Department of Ehvironmental Conservation for permits for maintenance dredging at PettVa Pond Imist on my behalf. joff Mokles t�r .cra f FROM : LEW I S & N I CKLES,LTD. PHONE NO. ; 631 '265 4096 Air. 02 2001 04;S1PM PI FRO!"I C. MESIAND INC FAX NO, 531-$78-89SI Apr-, 02 2001 03;01-IF'M P2 board at 'rrUsJ-.GCs Api'LiOati.ort county of Suflalk State of New York }aTNCa DZ7L'Y sWOR11 L> POSES ANp A>�STRM�' SHE X E AlP..LICANT E'01:� THE ABjq OVE - '!PRE PBRMIT(S) Arii7 THAT OWLS GLEANDTHELIE CONTAINED THATIALLRE TRIJE TO THE BEST OF HXSJHER RN SET 8OR%% IN THIS APPLICATION WORK WILL BE DONE IN 'SHE iKANIZER TRUSTEES.AVD or TOWN� TRo= AND THETOWNE� D U130 AND AS rA BE PR01EDBYTD W TnAppt,YCAT AGREES Q �O ri rm ANY OD "I TRUSTEES Y3Ai�IflLESS = pRAE FROM PERMIT s) GaRA 1TEDCLAiMS ,RISING UNDER OR BY VXRVF. pF SA y AVTHORXZE THE TRUSTEES. CQMPLETING THIS APPLICATIt3TATIY]Sx ) , 'rO ENTER OIL my PROPERTY �xR AGENT(5) OR XFpRLSMl TO INSPECT THE VX MISES IN CON►7VNCTION WITH REVIEW OF TRIS APPLICATION- ✓ Cigna a 1 ,� SWORN TO BEFORE NS THxS DAY OF �-�-� ��5�� ublzc ELIZABETH A,FiNNE NOTARY PUBLIC,STAi C OF NEW YORK Na.455��88 QUALIFIED IN SUFFOL,COUNTY COMMISSION EXPIRES NOVEMBER$0, i 7 14-16•4(2187)—Text 12 PROJECT I.D. NUMBER I 617.21 SEO 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. PLICANT!SPONSOR 2. PROJECT ME 3. PROJE T LOCATION: Municipality County d. PRECISE LOCATION (street address and road intersections, prominent landmarks, etc., or provide map) 5. IS PROPOSED ACTION: ❑New ❑Expansion ❑Mod ifirationialteration 6. DESCRIBE PROJECT BRIEFLY: I i 7 AMOUNT OF LAND AFFECTED: t initially •_3 acres Ultimately — ", acres I 3. WILL PROPOSED ACTION COMPLY`KITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? i as 0114. If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Res dential ❑,!ndustrial ❑Crmmercial Agriculture !P2%tUForestlCoen space _ Ocher Describe: I 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, ST:;TE OR LOCAL)? zYes LJ No If yes, list agency(s)and permit/approvals Ny5i> 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? LrJ I�Yes' No If yes, list agency name and permit/approval � I 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes ❑No I CERTIFY AT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ! � y � ,�pplicandspons name: fit'- l�' e1411t kA`e t Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessmen•. Form before proceeding with this assessment 0VEER y FROM : LEWIS & NICKLES,LTD. PHONE NO. : 631 765 4096 Apr. 02 2001 04:51PM P2 FROM C ME°IAhJU 1hdr: FAX NO. : 631-478-8951 Apr. u? 2001 03:CDiPM Po __. ' >1pnL>rr.AN'r rHeK87acytON71L DISCLOSu is room 0 Town or Sou ld'ea C r ebbiza pro. b wont e t: ESE haunvfe Wand la man 1' d a d E rtq s o d o o a v a vet a .0021 IOU o a an sf a lau t c d line as 'e ayclYOUR wbmzf a• as amf, a >s amaa n {o r un era yott i a applying in bus namm or eopaona alw■ er gbher atttblby. auvh as * Coppany. it ya, lndicebe the obhrr vearbon's oti' odGro"Vtr name-1 IIppLIOMOiit {Check rli bbrti appi.y�) 'alit grievafltyo Vst iarCr --- chor��! 4pQ emus ' hp izrlwAl 00 plNs 1;xi0i4sYl4ba !Teen 1pi4110 ntriaiel mttp otrirr r1.. (21 �a tiher,e' afM""' "'�f�f sabiViwY�} to rM rarraCmrxl.X {aa bhrCugh xxonr pp��a aapltttra sibiin�t. paranar yr a,L+ 110} have a vulablvufttiq vib any arl�v¢r at gltpl•ayre aE tiler =ottlt aE SvalshaiidY •Aririt cnsla!p" iiagLudeat , by bleed, WrVillIp ae kwaiMaa• ialtererb. 'lJusiri+MAe Lnbersov means a businusup includi 9 A 001CUar014. !n thich the tavn offleu ' nr enployfa bag Oren a parti a, theevawp officer orpelsp s abevnv mores thaa5IX9of the ic aharee. � i us zst®otuat gowwar d sign :herRSindcompplete the boloves at ihi# larva Mud man* or #*&$on amptayad by bhll lawn of 9oubhoLd Titir or pori%jon of hhab prraCh befesibe Oho rrlmbSanahip batweAn yaursa ha rvpSio►nb} and the tGNA offlorr or WIG aa. >s r cheek bha apprapriabe line Af through D aR r describe ifl the apnea prav'ided� ,. 'rho torn offiear or an on or lain of her spouasa 4ibtiriol parbrit, or child it so ali thAb app3y}a , ,A? bha otatlee gvtoi,er On" %% e! the shares of bt�e aorpaea$ otgalt of Eha ap{tliaim (when the oppi can li s a poxabinri}r qal or�bbnotieiA& a+rr►er of any inbarrirsb in a no rperabo outity {vhen bh* appllonnb to not a a pa>tabianl� �,^c} a aeriorr, alirraaora parhprra vas ampleiyor• es! bha a plicantt ar aria actual applitiont, baSCltl"zom or mrsoATION6111p • 6i9'hr hatkr • h '`�. printi name `� ; PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME: ADDRESS: Grace R. Lewis Box 877, Southold, NY 11971 Thomas & Barbara Ball Box 1708, Southold, NY 11971 Christian Baiz III & Box 726, Southold, NY 11971 Rosamond Phelps & Robert Lang, Jr. COUNTY OF SUFFOLK CATHERINE MESIANO, residing at 12 Mill Pond Lane, East Moriches, NY being duly sworn, deposes and says that on the 16th day of April, 2001, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the Unites States Post Office at East Moriches, NY; that said Notices were mailed to each of said persons by certified mail. 11;,Z� Sworn to before me this day of , 2001. Notary Public SANDRA M.000PER NOTARY PUBLIC,State of New Yak No.4801478 Qualified in Suffolk County Commission Expires January 31,200;Z BOARD OF TRUSTEES: TOWN OF SOUTHOLD In The Matter of the Application of BEIXEDON DREDGING ASSN. & JOHN J. NICKLES COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Catherine Mesiano, residing at 12 Mill Pond Lane, East Moriches, NY being duly sworn, depose and say: That on the 13 day of April, 2001, I personally posted the property known as INLET TO PETTY'S POND AT TOWN HARBOR and VACANT LOT AT ARSHAMOMAQUE AVE., SOUTHOLD, SCTM # 1000-66-3-14 by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the Public hearing. Date of hearing noted thereon to be held April 25,2001. Dated: Catherine Mesiano Sworn to before me this��day of , 2001. Jr Notary Public SANDRA M.COOPER NOTARY PUBLIC,State of New York No.4801478 Qualified in Suffolk County Commission Expires January 31,200g