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Home My WebLink AboutTR-7952 Apr.25.2014 07:57 AM - . PAGE. 1/ 1 To: John Bredemeyer, President Board of Trustees Fj�)e From: Edward L. Brennan, President West Lake Assn. April 24, 2014 Re: West Lake Association, Inc. SCTM#90-1-11 This letter supersedes the letter faxed to you on April 17th 2014. It reflects changes in the start date and includes mechanical dredging by land as well as barge. Per the letter from James F, King to Patricia Moore dated Sept. 6, 2013 1 am writing to inform you of the upcoming dredging at West Lake. Following is the information you requested. The contractor is: First Coastal Corporation ID 4 Arthur St, APR 2 5 2014 Po Box 1212 _ Westhampton Beach; NY 1197$ a �- Phone: 631-288-8940 The anticipated start date is during the week of April 28, 2014. The proposed method of dredging is by mechanical equipment by land and from a barge, The spoils will be brought to the permitted disposal site at Angel Shores beach by truck and barge. The contractor has made several site visits and is aware of the conditions at the site and the concerns regarding the adjacent bulkheads. He has copies of, and understands, all the permit conditions. He has recommended mechanical dredging as the method best suited to avoid any adverse impact on the surrounding properties. Should you have any need to communicate with me please contact me by phone at 860-961-3217 as I am out of town. Apr.17.2014 08:20 AM PAGE. 1/ 1 To:John Bredemeyer, President Board of Trustees From: Edward L. Brennan, President West Lake Assn. Re: West Lake Association, Inc. SCTM#90-1-11 Per the letter from James F. King to Patricia Moore dated Sept. 6, 2013 1 am writing to inform you of the upcoming dredging at West Lake. Following is the information you requested. The contractor is: First Coastal Corporation - 4 Arthur St. APR 17 2014 PO Box 1212 Westhampton Beach, NY 11978 Board W Phone: 631-288-8949 The anticipated start date is during the week of April 21, 3014. The proposed method of dredging is by mechanical equipment from a barge. The contractor has made several site visits and is aware of the conditions at the site and the concerns regarding the adjacent bulkheads. He has copies of, and understands, all the permit conditions. we has recommended mechanical dredging by small barge as the method best suited to avoid any adverse impact on the surrounding properties. Should you have any need to communicate with me please contact me by phone at 860-961-3217 as I am out of town. h . s 220 nA �,r�!.!]!?,�'.7��'.�� 1 .�,e,,o; a, � tom. > •.+k West Lake dredging 5/14/14 � r u ... .....��t.,.a. r... �r E 1_ . 'i LAW OFFICES OF SOL®MON & HERRERA, PLLC 2950 HEMPSTEAD TURNPIKE LEVITTOWN,NEW YORK 11756-1468 fix �r (516)579-6200 it ♦FACSIMILE _ more intensive on conditions which are known and have substantially changed from the application which was granted. Accordingly, it is respectfully requested that the amended permit be suspended and a public hearing be held for any proposed changes to the originally approved application. In the event that a public hearing is not scheduled and the amended application not suspended please be on notice that Mr. Moy will pursue all remedies against this Board and the Town of Southold for any property damages caused by such dredging. This is a very serious alteration of the application that requires full disclosure, investigation and hearing in favor of the public interest. Very truly yours, HAEL D. SOLOMON MDS:mm cc: Dai Moy Southold Town Attorney Supervisor, Scott A. Russell Patricia Moore, Esq. PATRICIA C. lY OORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 www.mooreattvs.com email: pcmoorenmooreattvs.com September 4,2013 via email Board of Trustees 12� � � "� Town of Southold E V� Main Road Southold NY 11971 SEP - 6 2013 RE: WEST LAKE ASSOC. Southold Town fT Dear President King&Board members: Due to the super stonn sandy, contractors were unavailable prior to the close of the June dredging window. All of the potential contractors are advising West Lake that the dredging should take place in the Spring of 2014 after any possible winter storms. We will advise you if there is any change. Very truly your , Patricia C. Moore PCM/bp encls. C: James F.King,President O��rjF S0UIjsrOl Town Hall Annex Bob Ghosio,Jr.,Vice-President 54375 Main Road P.O.Box 1179 Dave Bergen Southold, New York 11971-0959 John Bredemeyer G Q • �O Telephone(631) 765-1892 Michael J.Domino O Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 6, 2013 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: WEST LAKE ASSOCIATION, INC. SCTM#90-1-11 Dear Ms. Moore: Based on information provided by your office, work under Wetland'Permit#7952, issued October 17, 2012 and Amended May 15, 2013, to allow the dredging of the West Lake channel entrance and a portion of the adjoining West Lake, has not started. Prior to commencement of the dredging,'please provide the following information: the contractor/company name, address, phone number, as well as the anticipated start date, and proposed method of dredging. The Board of Trustees may require a written statement from the contractor attesting to the conditions of the channel entrance so as to avoid any adverse impact on the surrounding properties and to insure compliance with Wetland Permit#7952. Sincerely, James F. King, Presi ent Board of Trustees cc: L. Hulse, Esq., Asst. Town Attorney HYDROGRAPHIC MAP I NEST LAKE CHANNEL I Surveyed: 06-26-1 APP OV � .Amended: 07-01-12, 03-30-12 y= ® J�Y a y i j Town: Southold . . .BOARD OF TRUSTEES s i SuffolkCounty, '.,TOWN OF SOUTHOW Datum: A L W 77-1 _- e 0f marsh Z. -----------------------------——————— �• /'—, 1-1 ,'1�-� /'-t ---.`—,— -`—J - --------------- IT , Uw - �•s ,;=.10L_,-`its " f Moat �. T %-9 - -. - _______ — ___—_-__ ---------------------- --- - _-------------------- zj ed0 _-- ---------- / t mars _ C15A cy !r r'J; oC-10i 123.8 cy. X7.1 cy m - -- K 4 7 '71(S 36.6 cy 0 f�< ►cepp 33.2 cy ------------------ -- 0 ----- ----- --- ------------ LW c 44.7 cy ` s\ " ;+ ' `rr Dred e to -3 ALN 44.Cf cy i. slope's 42.0 cy min. 10' SEP 2 5 2012 1 g from E �4 bU I kheads 32.1 c �I 'southold To—"� y I c c Board of Trustees - 2Q.2 cySAY i 25.4 cy I �(/d[)-•,T[�`y[{z' � r'r,}�,;a��'l Y'`L`� �� T� 4ts� � FfffflJ13 12.G cy F30X#366 Aquebogue IVY 11931 ROBERT H. FOXApprox. 640 cV ISYS PLS# 50197 ' to be removeo James F.King,President ��Of SOUT Town Hall Annex Bob Ghosio,Jr.,Vice-President h0 l0 54375 Main Road P.O.Box 1179 Dave Bergen Southold,New York 11971-0959 John Bredemeyer G Q • �O Telephone(631)765-1892 Michael J.Domino O Fax(631) 765-6641 �yc4UNTY,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 15, 2013 Ms. Patricia C. Moore, Esq. . 51020 Main Road Southold, NY 11971 RE: WEST LAKE ASSOCIATION, INC. WEST LAKE CHANNEL, SOUTHOLD SCTM# 90-1-11 Dear Ms. Moore: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, May 15, 2013: RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit#7952 to modify the method of.dredging to be by mechanical equipment (such as, but not limited to, excavator and front loader) from adjacent upland or barge; and dredge material shall be deposited at an approved upland site or on a barge for transport to a DEC and Trustees approved location; and as depicted on the revised survey prepared by Robert H. Fox, last dated on March 30, 2013 and stamped approved on May 16, 2013. 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 call our office at (631) 765-1892. Sincerely, James F. King President, Board of Trustees JFK/amn PLAN VIEWN Applicant: Angel Shores Assoc. we Proposed: Dredged Fill Placement dr/y@ x_x``x�x`x S Purpose: Erosion Control —x—_ Surveyed: 03-30-13 SCT# 1000-88-6-13.60 3.7 Town: Southold Southold Suffolk County, NY Datum: MSL-NAVD'88 Park/n 40' goo SST# � ♦ k �-88_6_13 6 6 h 3 Qrk , ,proms 0� badly eroded 43,7 •o , c/ scarp 11ne 7sJj d. 7$ 2.7 � ,Q o� `�.::.. �00 q /.a etlor d'- -.....,-.. ?2 6.0 qr/�O p/t dine..................... . 5� �l.l 'O 4 0 4 !•z 18 We a9/n9 4t �7 -07 0.6 6.0 . gnCe -47 L 0./ -g 4 -4.0 -3 7 2.7 `4s •4 `4.4 34 26 $ --4.5 -4.r, P `4S -4.3 '4 3 V ED lant beach Proposed grass lb" or- Fill Area -OW� p SOUTHO� 600+/-cy keep fill w _ min. I� from H Typical Fill Section IVE 1 20 FR ° = MAY 1 6 2013 ROBERT H. FOX Southold Town NYS PLS#50197 ar � -, ' PO Box#366 ! Aquebogue �' ' '�1 NY11931 James F.King,President �pG P.O.Box 1179 Bob Ghosio,Jr.,Vice-President Southold,NY 11971 Dave Bergen y Telephone(631 765-1892 John Bredemeyer ,y Fax(631)765-6641 Michael J.Domino Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: l3 Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION, INC. requests an Administrative Amendment to modify the method of dredging to be by mechanical equipment (such as, but not limited to, excavator and front loader) from adjacent upland or barge; and dredge material shall be deposited at an approved upland site or on a barge for transport to a DEC and Trustees approved location. Located: West Lake Channel, Southold. SCTM# 90-1-11 Type of area to be impacted: _Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _Chapt.275 Chapt. 111 other Type of Application: Wetland _Coastal Erosion _Amendment _Administrative_Emergency Pre-Submission Violation Info needed: A� (5 s - £ Modifications: Conditions: Present Were: J. King B. Ghosio D. Bergen, J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: James F.King,President �O�tgUFF04cOG. Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President �� P.O.Box 1179 Dave Bergen w Southold,NY 11971 John Bredemeyer. �� • Telephone(631)765-1892 Michael J.Domino �Pl �O Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction y % constructed l\ Project complete, compliance inspection ' . ,..°�°f°t°rl°A%°...'=.:. .::"...�'QI'1° /egI••e.. .: -;.,%Ner re r,� - f°ei irr .:. -.: ii�-ore':: - ,..,f - _ - °11 �• 11 // �"'''�a._�`1111 AA%%>ra ,d11\° f1A%j°r ..'1�1111 AAA��/� °'1R1�0°°/e%i%° .e�111efv ee4�%%° -`"..r .�� "S°'!4�.'Aati;.1.�2mv�+C+�s�r.°.�-..Y�.' <x."�"£S�:'�'Y.c�£">Cl�?aa+,,:2x3'�''".�'?,,'.�'S'Irv„:a"��k.il�tihr�.wsc+z<!.�'..3:�.'fi?T..,4.2�C'''�.W'..'c�x vt.�'4 '"CRfn<S! 7t7'"�`Tlir:S,"k.?"W"�!'"L�'Y.S'a+.&!�ylvteS.i,U'S°>?�S�955°�T.€C.'�4."f?l>f.S3• �''S54:S„C '^`''.�"�.?�.-p S/ 3 � g .. ........ i BOARD OF SOUTHOLD TOWN TRUSTEES °Neat� SOUTHOLD, NEW YORK ' s � ` 'J•" PERMIT NO. 7952 DATE: O.CTOBER 17, 2012 ISSUED,TO: WEST LAKE ASSOCIATION, INC. C PROPERTY ADDRESS: WEST LAKE CHANNEL, SOUTHOLD , SCTM#90-1-11 AUTHORIZATION t,aA� Pursuant to the provisions of,Chapter 275 of the Town Code of the Town,of Southold and in 1 accordance with the Resolution of the Board of Trustees adopted at the meeting held on October 17,2012,and w in consideration of application fee in the sum of$250.00 paid by West Lake Association,Inc. and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits 'e'°s'%° the following: Wetland Permit to hydraulically maintenance dredge the entrance channel and 't`•+•/I a portion of the adjoining West Lake to a depth,of-3"mean low water;,pump the !•"a' resultant approximately 640 cubic yards of material to the bermed upland site;.and as 3 depicted-on the survey prepared by Robert H. Fox, last dated August 30, 2012, and stamped approved.on October 171 2012. ` IN WITNESS WHEREOF,the said Board of Trustees hereby 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,/►,;: ' ' t w. r i t � Aft"MMArn's5r�4A`F'i; `s7i"'i,47iwe �. _-'�,i�/ (°O,H`�" ':". -r`�'°ii 1 Ilwi•° .::� ..: ...•:�e 1/11i,°0°, :, ^-Ei/ 11�ee Ail Ne: . :r// Nye ,e`/ IL ._.5 _.:.e- :_ �,_. /ee,A.._ ..t.. aee+:°°...-:�: ..: /°•I•'4:o•°° _s:`. ' .___.•:iai�:.erlmlM.. . °4i�e/,e/eliv° �eji�letie�lvl�:' TERMS AND CONDITIONS The Permittee West Lake Association, Inc.,c/o Peter Gunn,residing at 2145 Little Peconic Bay Lane, Southold,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation perfonned pursuant to this permit, and the said Pennittee will,at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, 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 authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Pennittee will be required,upon due notice,to remove or alter this work project herein stated without expenses to the Town.Of Southold. 8. That the said Board will be notified by the Permittee of the completiari of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit,which may be subject to revoke upon failure to obtain same. James F.King,President ��OF SO(/�yQ Town Hall Annex Bob Ghosio,Jr.,Vice-President 54375 Main RoadP.O.Box 1179 Dave Bergen [ Southold,New York 11971-0959 John Bredemeyer CAP G ® pQ Telephone(631) 765-1892 Michael J. Domino 'Q a Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 17, 2012 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: WEST LAKE ASSOCIATION, INC. WEST LAKE CHANNEL, SOUTHOLD SCTM# 90-1-11 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, October 17, 2012 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION, INC. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 25, 2012, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 17, 2012, 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, 2 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 275 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 have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of WEST LAKE ASSOCIATION, INC. to hydraulically maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3' mean low water; pump the resultant approximately 640 cubic yards of material to the bermed upland site; and as depicted on the survey prepared by Robert H. Fox, last dated August 30, 2012, and stamped approved on October 17, 2012. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $5,750.00 Very truly yours, :�James F. King President, Board of Trustees JFK/eac James F.King,President gUFFQ(�,C® Town Hall Annex Bob Ghosio,Jr.,Vice-President �� G� 54375 Route 25,P.O.Box 1179 Dave Bergen Southold,NY 11971 John Bredemeyer �.y r► Telephone(631)765-1892 Michael J.Domino �a� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: West Lake Association, Inc. c/o Patricia Moore, Esq. Please be advised that your application dated September 25, 2012 has been reviewed by this Board at the regular meeting of October 17, 2012 and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1 st Day of Construction ($50.00) Y2 Constructed ($50.00) XX Final Inspection Fee ($50.00) XX Dredging Fees ($10.00 per cubic yard) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Final Inspection Fee = $50.00 Dredge Fees = 570 cubic yards X $10.00 per cubic yard = $5,700.00 TOTAL FEES DUE: $ 5,750.00 BY: James F. King, President Board of Trustees i i Peter Young,Chairman ti Town Hall,53095 Main Rd. Lauren Standish,Secretary d P.O.Box 1179 Southold,NY 11971 Telephone(631)765-1892 Fax(63.1)765-6641 Ll I r Conservation Advisory Council OCT 12 2012 Town of Southold I Soulhl�ci� ?oven Dnn rd of Trnsiees 4 At the meeting of the Southold Town Conservation Advisory Council held Wed., October 12, 2012 the following recommendation was made: Moved by John Stein, seconded by William McDermott, it was RESOLVED to NOT SUPPORT the Wetland Permit application of WEST LAKE ASSOCIATION, INC. to hydraulically maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3 mean low water; pump the resultant approx. 640 cy. of material to the bermed upland pursuant to separate permit for SCTM#1000-90-1-9. Located: West Lake Basin Channel, Southold. SCTM#90-1-11 Inspected by: Doug Hardy, William McDermott, Audrey Horton, John Stein, Peter Young The CAC does Not Support the application and recommends an engineering survey with depth and the condition of the bulkheads and pilings. There is also a question as to the disposition of Town-owned property. Vote of Council: Ayes: All Motion Carried OCT 17 2012 WEST LAKE ASSOCIATION --- �r„lih;i':Qlf; West Lake Association wishes to hydraulic dredge the inlet in accordance with a DEC permit,permit#1-4738-02751/00004, and hydographic map submitted herein attached as Exhibit A. The application is for a standard wetland permit, two year duration, subject to request for one year extensions. West Lake has been previously dredged. DEFINITION: MAINTENANCE DREDGING A dredging project will be considered maintenance dredging if there is documentary evidence that it has been previously dredged. POINT I: Maintenance Dredging is permitted: Town Code 275 B. (3)Dredging. (a) Creeks. [1] Only maintenance dredging (as defined in § 275-2) is permitted,unless the applicant owns underwater land or the applicant is requesting permission to dredge in connection with . installation of low-sill bulkheads. All maintenance dredging permits shall be valid for a period no greater than 10 years. The West Lake channel has been previously dredged and needs to be dredged again. [2] Dredging may be permitted when it can be demonstrated that the actions of man have resulted in impairment to water quality or habitat value. The existing jettys and storms have caused the siltation of the channel. Maintenance dredging is periodically required to maintain the navigability of the channel and tidal flushing of the boat basin. [3] Dredging in, or in close proximity to salt marsh vegetation(Distichlis spicata, Spartina alterniflora or Spartina patens)or seagrass (Ruppia maritia or Zostera marina)meadows is prohibited The proposed dredging is being conducted away from the salt marsh vegetation and the existing low sill bulkheads protect the adjacent wetlands. (b) Freshwater wetlands. Dredging of freshwater ponds may be permitted when it can be demonstrated that such action will restore the water body to an historic condition, improve water quality or habitat value. The existing boat basin is not a freshwater pond. (c)All dredging applications must demonstrate a specific location for the deposit of dredging material. A permit has been issued for the upland deposit of the dredging material. POINT II: The dredging request has been thoroughly reviewed by the New York State Department of Environmental Conservation under three different State and Federal environmental standards and are in compliance with these regulations: Tidal Wetlands under Article 25 (Permit#1-4738-02751/00004); Excavation&Fill in Navigable Waters under Article 15, Title 5 (Permit #1-4738-02751/00005); and Water Quality Certification under Section 401 of the Clean Water Act(Permit#1-4738-02751/00006). In light of the above thorough review, West Lake Association will meet the Town's wetland standards set forth in Town Code 275-12. § 275-12. Standards for issuance of permit. The Trustees may adopt a resolution directing the issuance of a permit to perform operations applied for only if it determines that such operations will not substantially: The NYSDEC conditions on the permit are intended to address the same standards in Town Code 275-12. A. Adversely affect the wetlands of the Town. The NYSDEC has reviewed the permit and impact on the tidal wetlands, they issued a permit, and found that the proposed action conforms to both State and Federal standards. B. Cause damage from erosion,turbidity or siltation. Hydraulic dredging is proposed which limits erosion, turbidity or siltation. The channel has suffered from turbidity and siltation from both man made and natural causes; the piping of sand from the adjacent bulkheads,placement of man made jetty at the entrance of the channel, and natural accretion of sand through storm action. The proposed dredging will maintain a 10'setbackfrom the adjacent bulkhead to prevent erosion from adjacent properties. C. Cause saltwater intrusion into the fresh water resources of the Town.Not applicable. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitat thereof. Maintenance dredging will improve the tidal flushing of the boat basin as well as be beneficial to marine organisms, aquatic wildlife and vegetation or natural habitat. E. Increase the danger of flood and storm-tide damage. Maintenance dredging will have no impact on flooding or storm tide effects. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the Town. Maintenance dredging will be beneficial to navigation and tidal flow of the tidal waters within the boat basin. G. Change the course of any channel or the natural movement or flow of any waters.Not applicable. H. Weaken or undermine the lateral support of other lands in the vicinity. Great care, customary in the trade, will be taken by a professional dredging company to prevent weakening or undermining the adjacent bulkheads. The Greenfield bulkhead on the west was constructed, according to the Trustees permit#338 dated March 1986&DEC bulkhead permit, with the bulkhead constructed with 20'piles, 14' deadman and 16'sheathing buried deeply into the ground with the channel dredged against the bulkhead to S'mean low water, herein attached as Exhibit B. Moreover,prior to the 2012 northeaster, the sand accumulation against the westerly bulkhead. After the storm this sand was pushed by storm tides against the easterly bulkhead. This natural shift in the sand did not affect the bulkheads, therefore, dredging 10'away from the bulkhead will not weaken or undermine the lateral support of the upland. In order to prevent any impact to adjacent bulkheads, the DEC permit has required that the dredging maintain a ten foot(10) distance from the bulkhead and requires post dredging plans be f led. In order to give the Trustees the ability to monitor the condition of the adjacent bulkheads, the West Lake Association agreed to submit a maintenance dredging permit which was subject to review by the Trustees in two years and then again, annually for two extensions. I. Otherwise adversely affect the health, safety and general welfare of the people of the Town. The dredging will not adversely affect the health, safety and welfare of the people of the Town. Maintenance dredging is performed by the County of Suffolk in the best interest, health, safety and general welfare of the Town. Private maintenance dredging is similarly beneficial.. ' J. Adversely affect the aesthetic value of the wetland and adjacent areas. The proposed dredging is a benefit to the West Lake community and the aesthetic values of the owners surrounding the boat basin. The West Lake boat basin is a water dependent use which can not be maintained without private maintenance dredging. CONCLUSION: A compromise was found between the interest of the adjacent owners whose.bulkhead is adjacent to the West Lake channel and the West Lake community which wishes to maintain the health of the boat basin and navigation of the channel. A standard tidal wetland permit for maintenance dredging, with prior review by the Trustees for extensions of the permit must be granted. New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631)444-0365 Fax: (631)444-0360 Website: www.dec.ny..gov .. NOW Joe Madens Commissioner September 6, 2012 West Lake Association CIO Mr. Peter Gunn 2145 Little Peconic Bay Lane Southold NY 11971 Re: NYSDEC Permit# 1-4738-02751/00004 West Lake Association Dredging East end of West Lake Drive Southold Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621)we are enclosing your permit. Please carefully read all permit conditions contained in the permit to ensure compliance during the term of the permit. 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, and a Notice of Commencement/ Completion of Construction. Sincerely, eo Matthew R. Penski Environmental Analyst 1 cc: Patricia C. Moore, Esq. BOH-TW File AM NEW YORK STATE I)EPA.t2,rmENT OF ENVIRONME\TA1,CONSERVATION � Facility DEC II) 1-4738-02751 PERMIT _J Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: Facility: WEST LAKE ASSOCIATION WEST LAKE&CANAL C/O PETER GUNN EAST END OF WEST LAKE DR 2145 LITTLE PECONIC BAY LN SOUTHOLD, NY SOUTHOLD, NY 11971 Facility Application Contact: PATRICIA C MOORE 51020 MAINN RD SOUTHOLD,-NY 11971 (631) 7654330 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 718.4 NYT'M-N: 4545.1 Latitude: 41°01'40.3" Longitude: 72°24'07 8" Project Location: West Lake, east end of West Lake Drive, Southold Authorized Activity: hydraulically maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3'mean low water. Pump the resultant approximate 640 cubic yards of material to the diked (bermed) upland portion of the property at 250 Midway Road(SCTM 1000-90- 1-9)for, dewatering prior to the removal of the material to an approved upland location. All work shall be performed in accordance with the plans prepared by Robert H. Fox last revised on 8/30/12(sheet 1 of 2)and Nathan Taft Corwin III last revised on 5/25/12 (sheet 2 of 2), both stamped "NYSDEC APPROVED" on 9/6/12. Permit Authorizations Tidal Wetlands- Under Article 25 Permit ID 14738-02751/00004 New Permit Effective Date: 9/6/2012 Expiration Date: 9/5,2022 Excavation& Fill in Navigable Waters- Under Article IS,Title 5 Permit 1D 1-4738-02751/00005 New Permit EfTective Date: 9f6/2012 Expiration Date: 9/5_/20.22_ Water Quality Certification- Under Section 401 - CIean Water Act Permit ID 1-4738-02751/00006 New Permit Effective Date: 9/6/2012 Expiration Date: 9./5/2022 Page 1 of 7 Aft' NEW PORK S'IATE MPAI:INTENT OF EiN VIRONNIEN-rAL CONSERVA'rm, Facility DEC ID 1-4738-02751 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and 11111 conditions included as part of this permit. Permit Administrator:JOHN A WIELAND, Deputy Regional Permit Adminis or Address: NYSDEC RFGIONA-T-iEAllQUART)✓RS SU'Y @ STOi BROOK150 CIRCLE RD STONY]3R K. NY 1179 -3409 Authorized Signature: Dat — F� Distribution List PATRICIA C MOORE habitat-TW Enviroriniental Permits Permit Components NATURAL RESOURCE PERMIT CONDITIONS WAI Elt QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALI,AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; EXCAVATION & FILL IN NAVIGABLE WATERS; WATER QUALITY CERTIFICATION 1. Conformance With Plans All activities authorized by this pennit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Robert II. Fox last revised on 00/12 (sheet 1 of 2) and N athan Taft Corwin III last revised on 5/25/1.2 (sheet 2 of 2), both stamped "NYSDEC APPROVED" on 9/6/12. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are Fully aware of and understand all terms and conditions of this perilllt. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. Page 2 of 7 Aft NEW YORK STATE DEPARTMENT OF ENVIRONMEN'rAL.CONSERVATION � Facility DEC ID 1-4738-02751 3. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 4. Storage of Equipment, Materials The storage ofconstruction equipment and nlateria.ls shall be confined to the uplands areas landward of the existing bulkhead, on a barge, and greater than 50 feet landward of the tidal wetland boundary at 250 Midway Road (SCTM l 000-90-1-9). 5. Dredging Prohibition Period Dredging is specifically prohibited from June 1 through September 30 each year to protect spawning shellfish and/or spawning finfish. 6. Bulkheaded Portion of Entrance Channel The dredging of the bulkheaded portion of the entrance channel shall be conducted to leave a sufficient width.of undredged bottom at the toe of the bulkheads to prevent undermining of the structures. 7. No Side-casting or Temporary Storage Excavated sediment shall be placed directly into the approved disposal/dewatering site or conveyance vehicle. No side-casting(double dipping)or temporary storage of dredged material is authorized. a. Grade Channel Side Slopes All side slopes of the dredge channel will have a maximum of 1:3 slope. 9. Dredgings to Remain On-Site/Within Wetland Dredge material approved to remain on-site and/or within the NYSDEC'Tidal Wetlands jurisdiction shall be retained so as not to enter any water body, tidal wetlands, or protected buffer areas. Off-site, upland disposal of dredged material beyond NYSDEC Tidal Wetland jurisdiction requires the additional guidance of the Division of Solid and Hazardous Materials(631)444-0375 and is not covered by this pen-nit. to. Inspect Diked Disposal Area Before dredging begins,the pennittee and contractor shall inspect the diked disposal area to confirm that it is structurally sound and ready, with sufficient area to contain the dredged material. Any necessary repair to the diked area must be completed before dredging begins. 11. Return Water Turbidity The dredge material overflow weir and return water discharge must be configured so that water with the lowest possible turbidity is returned to the.waterway. The discharge outfall shall be monitored by the permittee or his agent and,if a visible plume becomes evident, the discharge shall cease immediately until the problem is corrected. 12. Return Water Discharge Return water discharge from the disposal site outfall shall not scour the shoreline or disturb tidal wetland vegetation. 13. Dredging Once Per Year Dredging shall be undertaken no more than once in any calendar year u111ess specifically authorized by the department. 14. Dredged Depth Survey Within 30 days of completion of the dredging operation, an as-dredged depth survey of the dredged area shall be submitted to Regional Habitat -"I'1W NYSDEC REGION l HEADQUARTERS SUNY cL STONY BROOK,50 CIRCLE R.D STONY BROOK, NY 11790 -3409 Attn: Compliance Page 3 of 7 Aft NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIONsomw Facility DEC II) 1-4738-02751 15. ]notice of Maintenance Dredging For maintenance dredging projects, the pennittee 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 shall be submitted to the address indicated on that notice form, including the amount of material dredged and deposited at the approved disposal site. 16. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation(grasses, ctc.) immediately following project completion or prior to permit expiration, whichever comes first.' If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 1.7. Contain Exposed, Stockpiled Soils All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales/silt curtains(or other NYSDEC approved devices)placed on the seaward side between the till and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 18. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 19. No Construction Debris in Wetland or Adjacent Area 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 wetlands and/or protected buffer areas. 211. No Interference'With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 21. State Not Liable for Damage 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 or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue.frorn any such damage. 22. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, In the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the lice 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 or alter the structural work, obstructions, or hazards caused thereby without expense 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 manner as the Department of Environmental Conservation may require, remove al l or any portion of the uncompleted structure or fill and restore to its foriner 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. Page 4 of 7 NEW YORK STATE DEPARTNUNT OF ENVIRONMENTAL CONSERVA'I'IOV Facility DEC ID 1-4738-02751 23. State May Require Site Restoration 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 ho such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. 1\o claim shall be made against the State of New York on account of any such removal or alteration. 24. Precautions Against Contamination of Waters 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. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The N'YS Department of Environmental Conservation hereby certifies that the 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 95-21.7)provided that all of the conditions listed herein are met. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The pennit.ted site or facility,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 pet inittee 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 pennit, including all referenced maps, drawings and special conditions,nmst: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. 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. Page 5 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ram.► Facility DEC ID 1-4738-02751 3. Applications For Permit Renetivals, Modifications or Transfers The perniittee must submit a separate written application to the Department for permit renewal, inodi#ication or transfer of this permit. Such application must include any forms or supplemental inforination the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission'of applications for permit rcne%ral, modification or transfer are to be submitted to: Regional Permit Administrator NTYSDEC REGION I HEADQUARTERS SUNY cL STONY BROOK.150 CIRCLE RD STONY BROOK,NY1 1 790=3409 4. Submission of Renewal Application The pennittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands,Excavation& Fill in Navigable Waters, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise ail available authority to modify, suspend or revoke this permit. 'File grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued pen-nit conditions, orders of the conumissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. G. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 6 of 7 A& NEW YORK STATE DEPARTMENT OF ENVIRONN ENTAL CONSERVM IO` %blow Facility DEC fD 1-4738-02751 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indeninifv and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC;") for all claims,suits, actions,and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittec's undertaking of activities in connection with,or operation and maintenance of, the facility or facilities authorized by the permit whether in. compliance or not in compliance with the terms and conditions of the permit. 'this indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions,or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. 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 may be required to carry out the activities that are authorized by this penult. Item D: No Right to Trespass or Interfere with Riparian Rights This pen-nit 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 impaitmcnt of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 7 of 7 NOTICE OF COMMENGEMENT OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631 A44-0297 Bureau of Habitat-TW 50 Circle Road tj qStony Brook..NY 11790-3409 PERMIT NUMBER:I_::_l ff 0/6 0()1 EXPIRATION DATE: PERMITTEE NAME&PROJECT"ADDRESS: - CONTRACTOR NAME&ADDRESS: _TELEPHONE: Dear Sir: Pursuant to the special conditions of the referenced permit,you are hereby notified that the authorized activity shall commence on . We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions.We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions.The permit, permit sign, and approved plans will be available at the site for inspection in accordance with General Condition No. 1. (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT ANDIOR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMfT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF TIME PROJECT MAY SUBJECT THE PERMITTEE ANDIOR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line:-,- X NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 Bureau of Habitat-TW Am 50 Circle Road Stony Brook, NY 11790-3409 NOW PERMIT NUfv1BER:f37� fj'CSC�G� EXPIRATION DATE: PERMITTEE NAME&PROJECT ADDRESS: CONTRACTOR NAME&ADDRESS: TELEPHONE: Pursuant to special conditions of the referenced permit,you are hereby notified that the authorized activity was completed on We have fully complied with the terms and conditions of the permit and approved plans.(Both signatures required) PERMITF_.E: _-- DATE CONTRACTOR: DATE_, THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY,AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. 0-20-1(8/810-9d New York state Department of Environmental Conservation lama The Department of Environmental Conservation (DEC) has .issued permit(s). pursuant to the Environmental Conservation Law . for work being conducted at this site. For further information - regarding the nature and extent of work . approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please. refer to the permit number . shown when contacting the DEC. VJ > Regional Permit Administrator Permit Number ROGER F:VA S Expiration Date NOTE: This notice is NOT a permit HYDRORAPHIC MAP N WEST LAKE CHANNEL �! Surveyed: 06-26-12 W Amended: 07-01-12, 08-30-12 Town: Southold S , Suffolk County, NY Datum: A L W I A, ry { r' 0 edge of marsh �. r ..... �- --- -- n- .---------- - --- -0,. . p p 4 Q IT II ri -.D m 54 ------------ .-------------------------- ..�, ---- Qdgearsl� 1 l Qr Q • �', �-:��; fit-, a5.a cy J / ; M iO 125.5 cy IN ► .. L c y yV , r .{1�... 56.6 cy r U' 0��►�� •' 33.2 cy ,t1 p Bulkhead _._. HW y ' d..W 443 cy Dredge to -3 LH I r , 44A cy elopes 42.0 cy min. 10' from . .. ---- __ ..._ E m m bulkheads 32.1 cy PE0 ,V / c ,4 J 2a.2 cy (/ 25.44 cy LLYSPLS#50197 ---- .. _ . -- --- - e � ' A 7 . PDX Approx. 640 6 to be removed �" STEEL DROP EXCAVATED AREA FOR DREDGING SPOIL—, WEIR TO RE RESTORED TO CONDITIONS TOP BER1d EI.. 9.0 -�� PRIOR TO EXCAVATION — __ 3 SPOIL AREA 3 CYfSif'Va TO BE EXCAVATED-- 4 Ck D- :B[RM ' F7'°F EXCAVATION EL. 3.0-- &I A ALES- ~\ n .Y DEWATERING BERM CROSS SECTION NOT SCALE - UNAUTHORIZED ALTERM ION OF ADM ION TO THIS Sll1 V Y IS A ViGLA.TION OF SEC710N 7209 isi' 7HE NEYF YORK SIArr EDU(:ATION LN'f!. COPICS Of THIS SURVEY NAP NOT FLARING THt: LAND SURVEYOR'S I?dKED SCAL OR EMBOSSED SfJkl- SE{A�L 1401 BE COIJSIDERLD TO BE A VALID TRUE COPY. CERTIFICATIONS INDi^ATED HERC3N SHALL RUN ONLY TO Tt+E PERSO ' FOR. 4fI1.01. 7HF SURW-Y IS PREPARED, AND ON HIS 8EHA1.F 10 TI'L TIT;E COMPA14y, GDVERM6EN1'AJ- A.G=NCY AN^ LEN71NG INSTITUTKY-I LISTED HEREON. Awl) a> '• 's, '. _ �'•Z'e�'2J� TO THE A551GN-CS ('.F THE :.CNO141G INSTI- S l t: ti 111�$l4.C TU;1ON, CE'.TIT'ICATONS ARE TJOT TRAIS-ERAHLC 7. • t f'1 -r THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTELD. PREPARED tN ACCOEtj,& .VtiT'i THE F5ARLISH Nathan TaftCorwin I1! STANDARDS fOR TT l E.S?1k'.fEYS l�A STP 3LISHF,Ii tf.Y THE: L.I.A,I..S. AND APPROVED--W1)-ADOFI'ED fOR SUCH USE BY;TIYF,;1E:A`jYq'k''` LAND TITLE AS50C,HI IfJ,)! Land Surveyor Successor To: Stanley J. Isaksen, Jr. L.S. It r•` Joseph A. Ingegno L.S. — Con s,rutafor Layout �rite Survey.^> — SDbttivisrans — Site Tans PHONE (631)727-2090 Fox (631)723-1727 f OFFICES LOCATED AT +AILING ADDP SS 1586 Main Road P.C. Cox 18 N.Y.S. Uc. 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(/N C LiJ D E..t S'UM F' -ORO"JOG/NGJ t w� i. l'1Rs.:ti'o�L�s 'f /c-1T/an/ rl n pgUFFO��- James F.King,President P.O.Box 1179 Bob Ghosio,Jr.,Vice-President �� Southold,NY 11971 Dave Bergen y - Telephone(631 765-1892 John Bredemeyer Fax(631)765-6641 Michael J.Domino Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: 10 -K Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION, INC. requests a Wetland Permit to hydraulically maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3' mean low water; pump the resultant approximately 640 cubic yards of material to the bermed upland site. Located: West Lake Channel, Southold. SCTM# 90-1-11 Type of area to be impacted: _Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _Chapt.275 Chapt. 111 other Type of Application: Wetland _Coastal Erosion _Amendment Administrative_Emergency Pre-Submission Violation Info needed: AAL s ult� -Xn:�7� gw,,i 4W : a '/?-o/�- % e-4A'/-'-c is - N F7161d �eCo Modifications: Conditions: Present Were: King B. Ghosio �"D. Bergen, J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: r. New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631)444-0365 Fax: (631) 444-0360 Imbow Website: www.dec.ny.gov NRW Joe Martens Coimmissioner September 6, 2012 West Lake Association C/O Mr. Peter Gunn 2145 Little Peconic Bay Lane f� Southold NY 11971 Re: NYSDEC Permit # 1-4738-02751/00004 J SEP 7 5 2012 West Lake Association Dredging East end of West Lake Drive Southold Toltirn Beard of Trustees v Southold - - --- - Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions contained in the permit to ensure compliance during the term of the permit. 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, and a Notice of Commencement / Completion of Construction. Sincerely, Matthew R. Penski Environmental Analyst 1 cc: Patricia C. Moore, Esq. BOH-TW File AIM Imhol NEW YORK STATE DEPARTMEn f OF ENVIRONMENTAL CONSERVATI—on Facility DEC ID 1-4738-02751 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: WEST LAKE ASSOCIATION WEST LAKE &CANAL C/O PETER GUNN EAST END OF WEST LAKE DR 2145 LITTLE PECONIC BAY LN SOUTHOLD, NY SOUTHOLD, NY 11971 - Facility Application Contact: PATRICIA C MOORE 51020 MAIN RD SOUTHOLD, NY 11971 (631) 765-4330 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 718.4 NYTM-N: 4545.1 Latitude: 41'01.'40.3" Longitude: 72°24'07.8" Project Location: West Lake, east end of West Lake Drive, Southold Authorized Activity: Hydraulically maintenance dredge the entrance channel and a portion of the adjoining West.Lake to a depth of-3'mean low.water. Pump the resultant approximate 640 cubic yards of material to the diked (bermed) upland portion-of the property at 250 Midway.Road(SCTM 1000-90- 1-9) for dewatering prior to the removal of the material to an approved upland location. All work shall be performed in accordance with the plans prepared by Robert H. Fox last revised on 8/30/12 (sheet l;of 2) and Nathan Taft Corwin III last revised on 5/25/12 (sheet 2 of 2),both stamped "NYSDEC APPROVED" on 9/6/12. Permit Authorizations Tidal Wetlands -Under Article 25 Permit ID 1-4738-02751/00004 New Permit Effective Date: 9/6/2012 Expiration Date: 9/5/2022 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-02751/00005 New Permit Effective Date: 9/6/2012 Expiration Date: 9/5/2022 Water Quality Certification-Under Section 401 - Clean Water Act Permit ID 1-4738-02751/00006 New Permit Effective Date: 9/6/2012 Expiration Date: 9/5/2022 Page 1 of 7 Atft dbow NEW YORK STATE flDEPA[2TI'vmn r OF EN171R®NMENTAL C®NSER VAI aaaivNEW Facility DEC ID 1-4738-02751 NYSD EcC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the IECL, all applicable regulations, and all conditions included as pant of this permit. Permit Administrator:JOHN A WIELAND, Deputy Regional Permit Administrator Address: NYSDEC REdION,AI-ftEADQUARTERS SU Y @ STONY BROOK150 CIRCLE RD STONY BROd K,NY 11790 -3409 � Authorized Signature: s �f Date � / C �►� Distribution Lists PATRICIA C MOORE Habitat- TW Environmental Pennits PerM!t 000Mp0 entS NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT RIV IT (CONDITIONS m Apply t® the Following Permits. TIDAL WETLANDS; EXCAVATION & FILL IN NAVIGABLE WATERS; WATER QUALITY CCIERTHFACCATION 1. Conformance With Plans All activities authorized by this pen-nit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Robert H. Fox last revised on 8/30/12 (sheet 1 of 2) and Nathan Taft Corwin III last revised on 5/25/12 (sheet 2 of 2), both stamped "NYSDEC APPROVED" on 9/6/12. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the pennittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all tenns and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. Page 2 of 7 NEW YORK STATE DEPARTIi�j:;i�r OF ENVIRONMENTAL CONSERVAI'ivn Facility DEC ID 1-4738-02751 3. Post Permit Sign The pen-nit sign enclosed with this pen-nit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 4. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined to the uplands areas landward of the existing bulkhead, on a barge, and greater than 50 feet landward of the tidal wetland boundary at 250 Midway Road (SCTM 1000-90-1-9). 5. Dredging Prohibition Period Dredging is specifically prohibited from June 1 through September 30 each year to protect spawning shellfish and/or spawning finfish. 6. Bulkheaded Portion of Entrance Channel The dredging of the bulkheaded portion of the entrance channel shall be conducted to leave a sufficient width of undredged bottom at the toe of the bulkheads to prevent undermining of:the structures. 7. No Side-casting or Temporary Storage Excavated sediment shall be placed directly into the approved disposal/dewatering site or conveyance vehicle. No side-casting(double dipping) or temporary storage of dredged material is authorized. 8. Grade Channel Side Slopes All side slopes of the dredge channel will have a maximum of 1:3 slope. 9. Dredgings to Remain On-Site/Within Wetland Dredge material approved to remain on-site and/or within the NYSDEC Tidal Wetlands jurisdiction shall be retained so as not to enter any water body, tidal wetlands, or protected buffer areas. Off-site, upland disposal of dredged material beyond NYSDEC Tidal Wetland jurisdiction requires.the additional guidance of the.Division of Solid and Hazardous Materials (631) 444-0375 and is not covered by this permit. 10. Inspect Diked Disposal Area Before dredging begins, the permittee and contractor shall inspect. the diked disposal area to confirm that it is structurally sound and ready, with.sufficient area to contain the dredged material. Any necessary repair to the diked area must he completed before dredging begins. 11. Return Water Turbidity The dredge material overflow weir and return water discharge must be configured so that water with the lowest possible turbidity is returned to the waterway. The discharge outfall shall be monitored by the permittee or his agent and, if a visible plume becomes evident, the discharge shall cease immediately until the problem is corrected. 12. Return Water Discharge Return water discharge from the'disposal site outfall shall not scour the shoreline or disturb tidal wetland vegetation. 13. Dredging Once Per Year Dredging shall be undertaken no more than once in any calendar year unless specifically authorized by the department. 14. Dredged Depth Survey Within 30 days of completion of the dredging operation, an as-dredged depth survey of the dredged area shall be submitted to Regional Habitat -TW NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK,NY11790 -3409 Attn: Compliance Page 3 of 7 Aft NEW YORK STATE DEPARTIyiENT OF ENVIRONMENTAL C®NSERVAI I%kVw Facility DEC ID 1-4738-02751 15. Notice of Maintenance Dredging For maintenance dredging projects, the permittee 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 shall be submitted to the address indicated on that notice form, including the amount of material dredged and deposited at the approved disposal site. 16. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be .stabilized with appropriate vegetation(grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized With straw or hay mulch or jute matting until weather conditions favor germination. 17. Contain ]Exposed, Stockpiled Soils All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales /silt curtains (or other NYSDEC approved devices)placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 18. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 19. No Construction Debris in Wetlland or Adjacent Area 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 wetlands and/or protected buffer areas. 20. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 21. State Not Liable for Damage The State of New Fork shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result.from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 22. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental 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 or alter the structural work, obstructions, or hazards caused thereby without expense 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 manner as the Department of Enviromnental 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. Page 4 of 7 NEW YORK STATE DEPARTivir:i'N'T OF ENVIRONMENTAL CONSERVAi-&",4 Facility DEC ID 1-4738-02751 23. State May Require Site Restoration 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 lawfully 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. 24. Precautions Against Contamination of Wafers 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. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the 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. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The.permitted site or facility, 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 pennittee 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. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this pen-nit does not modify, supersede or rescind any order or detenmination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. Page 5 of 7 NEW YORK STATE DEPARTP.:.�, :T OF ENVIRONMENTAL CONSERVAti__. NEW Facility DEC ID 1-4738-02751 3. Applications For Permit Renewals; Modifications or Transfers The pennittee must submit a separate written application to the Department for permit 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 Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1.HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK,NY11790 -3409 4. Submission of Renewal Application The pennittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands, Excavation & Fill in Navigable Waters, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: aw. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding.the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance.of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 6 of 7 NEW YORK STATE DEPARTNi.Ei•1T OF ENVIRONMENTAL CONSERVAT Facility DEC ID 1-4738-02751 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages; to the extent attributable to the permittee's acts or omissions in connection with the pennittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the pen-nit. This in does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own.negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. 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 pennit, including all special conditions while acting as the permittee's agent with respect to the pennitted 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 pennittee is responsible for obtaining any other permits, approvals, lands, easements and:nghts=of= Way that may be 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. Page 7 of 7 95-20-1 (81870)-9d New Y ork State Department of Environmental ConservAtion Aboe� . : — The Department of Environmental Conservation (DEC) has issued permit(s). pursuant t® the, Environmental Conservation ' law for work - being conducted at this sfte, For further information regarding the nature and - ext.en't o work approved and any . Departmental conditions on it, contact the Reblonal Permit -. Administrator listed below.. Please .refer t® the permit number .. shown when contacting the -DEC.. . � - r � > �" R 'ionAl Permit Administrator Permit -Number . ROGER AN-, .Expiration ®ate NOTE. This notice is. NOT a permit TICE OF COMMENCEMENT OF CONSTRU iN RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 AM Bureau of Habitat-TW 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER: d' ° �p✓ EXPIRATION DATE: PERMITTEE NAME& PROJECT ADDRESS: CONTRACTOR NAME&ADDRESS: TELEPHONE: Dear Sir: Pursuant to the special conditions of the referenced permit,you are hereby notified that the authorized activity shall commence on . We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions.We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions.The permit, permit sign,and approved plans wilt be available at the site for inspection in accordance with General Condition No. 1. (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND/OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMITAND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line x ;� 0�< x � �< NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 Bureau of Habitat-TW AM 50 Circle Road Stony Brook, NY 11790-3409 INNEW - �!J PERMIT NUMBER: l'" !% % � yid ' EXPIRATION DATE: PERMITTEE NAME& PROJECT ADDRESS: CONTRACTOR NAME&ADDRESS: TELEPHONE: Pursuant to special conditions of the referenced permit, you are hereby notified that the authorized activity was completed on We have fully complied with the terms and conditions of the permit and approved plans.(Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST DE SENT TO TILE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. E C E I SEP 2 2012 ;_f Southold Town Board of Trustees . ° I .r 9 r °a WESTLAKE ASSOC. SCTM: 1000-90-1-11 r \ I .'r ',_r', S"• `tea tin i •. ,. ice', - � �. .. •� 406 V41Ar .. ;I. ±�- • � .�4 `yam-. •` *� �� .. �"� � t'�� T' Ix . 14 'h`Y WESTLAKE ASSOC. SCTM: 1000-90-1-11 M a Y ' _ L momAX �• iii � i wJ� WESTLAKE ASSOC. g�._ ' _ `. ,-. f 'il. .,: SCTM: 1000-90-1-11 WESTLAKE ASSOC. SCTM: 1000-90-1-11 f` 44 "r � . .�,. .r •TLC .' _ _ ,�� t .. . p.. � � ~- .,tea _ •��1 "- rye:. _ ,I��i '�... � 2� �}� •.4 E � ' �- k+:' v ' r TY• ' /tK s {„ "f ,� J' ; ♦ ``.s 'f tF � i. }•. a ..+Y'° y�.T J x 1 t .•t'P_I, �{t ..a ar :t* n- N'!'�f� ��r i�. af_d +� ,��t iM7 r• t ha r'? +4'' '�,�,(�N TF� 3 i r�_�C f � a'�,;: �t ., �iv — r „y � .�� '� f,.; ai {• ±r~`i"� �'` <�;;� f,1{ I •t i��7' � t y:, ,r ..�1 �.;.. I ;+ff,.. ,N •�•-�{r �1f 44, .dam► .- r a � ^ �� „�� •. .,�-.•? I` �.4 Ir 1 - < i i ♦"f. r ( ape ",♦':�yr�. ♦ .;#g ., ... �,�' ', ._ _} '� '"t � - .. a` WESTLAKE ASSOC. ' SCTM: 1000-90-1-11 ve. a!k' - r c iL if • r. '` OR !S N M." .rb . r , WESTLAKE ASSOC. y r ,' jw SCTM: 1000-90-1-11 oo , . �` "� t mil. •`'� M. ! 4 r`L.. P440 LETTER PATRICIA C. MOORE, AT INEY AT LAW 51020 Main Road Southold,NY 11971 (631)765-4330 email:pcmoorel @optonline.net DATE 1� —C�? rTO SUBJECT a�E L 0- 42� (6c— Ei W,T C E I j L�,, SEF Z b 2012 TnWr-P� SIGNED ElPlease reply No reply necessary oaaaa� - N P = 4 souTxa�o as 4 ® 3 g POIryT oe ?a � E r� •�` R q Olt tie a i ,a— , R i'. --------TOWNOF. __ _ PplNT W, I6 n: g L bLAKE 1O' west A _� x) CF o d .9 4f q __1NV)-- TOWN OF ' ; • w : `/\/ a0O1R011l ,11 a ,lt i � ro • f (5P) 6 18 OR • _ �_. iI7A(O re ,T ,a i ,E 20 11 HOG z. IVECK BAY x 's E "" + R11 '� O-- Y e.�"' �"_ "' __ m NOTICE 5 COUNT OF SUFFOLK © E c° Ed11,lO,D SECTION NO Real Property Tax Service Agency m m 90 N .r, xrar. a 4.u.vu. •— m rrwor. A w .wn�v.gg T::drtwanc PROPERTY MAP uWm,x[ m maven .me.. P mgrccr go tom RX Dateffime 05f'w;,—.J13 10:32 6317272646 1 P.001 05/20/2013 10:33 FAX 8317272646 [a 001/001 ANGEL SHORES ROME OWNERS ASSOCIATION C/O MARK SAPORITA,PR.ES. 1405'WATER TERRACE SOUTHOLD NY 11971 May 17,21 13 , E V E I 1Y/ E M AY 2 0 2013 Attn:Jam 5 King,President Board of I rustoes Town of S)uthold Board ofTown Southold T Main Roac Southold r Y 11971 RE: ANGEL SHORES AND WEST LAKE Dear Mr.I:ing. Wi h refcrence to the above,please let this serve as our request to have the dredge spoils from West Lake placed at the toe of the eroded escarpments per plain attached by Sea Level Mapping. Th mk you. Mark Saporita,Pres. Angel Shores HOA RX Datefflme 05_ _013 17:29 P.001 05/18/2013 17:27 FAX 16001 Angel Shores HOA 2 C/O.Mark Saporita D E C E I V E 1405 Water Terrace Southold NY 11971 MAY 2 0 2013 April 23,2013 Southold Town Do r T Patricia.C.Moore 51020 Main Road Southold NY 11971 Dear Ms.Moore: 1,Mark Saporita,as President of Angel Shores HOA,owners of property located on 1760 Explande,Southold,New York(sctm: 1000-88-6-13.60) hereby authorize you to act as our agent regarding any and all applications with the Town of Southold Board of Trustees,the NYS DEC,and any other agencies. Very truly yours, Angel Shores By Mark Saporita,Pres. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 www.mooreattys.com May 16, 2013 Board of Trustees nn 2 Town of Southold 15 Main Road Southold NY 11971 MAY 1 6 2013 RE: AMENDMENT TO PERMIT Southold Town WESTLAKE ASSOCIATION ard Tru e Dear President King and Board members: With reference to the above and pursuant to last nights hearing, enclosed please find a copy of Angel Shores DEC application together with plan which outlines their request to the have West Lake's sand placed at the toe of the eroded escarpments and regarding of eroded dunes. Please note highlighted area on Sea Level Mapping's plan. I was retained to assist Angel Shores in obtaining the DEC permit. Thank you for your assistance in this matter. Very truly yours, Patricia C. Moore PCM/bp encls. C: Westlake Association Angel Shores PATRICIA C. MO®RE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)7654330 Fax:(631)765-4643 www.mooreattys.coin May 2, 2013 Board of Trustees Town of Southold V Main Road R V Southold NY 11971 M AY - 2 2013 RE: AMENDMENT TO PERMIT WESTLAKE ASSOCIATION Southold Town BoardTrustees— Dear President King and Board members: Supplementing our April 29'" letter to you, please be advised that we have received a permit modification from the NYS DEC to amend their permit as more fully outlined in the enclosed copy. There are a limited number of contractors who can do this work and they are extremely busy at this time of year. The dredging must be completed within the dredging window. Due to the fact the inlet was affected by Hurricane Sandy,.we are requesting that the modification to our existing permit be treated as an emergency permit following those procedures which would allow us to begin the work immediately. Your continued cooperation in this matter is greatly appreciated. Very truly ours, Patricia C. Moore C: Westlake Association New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631)444-0365 Fax: (631)444-0360 Website:vAvw. iec.ny.gov , E ' 'iniSsoy V E D TIDAL WETLANDS PERMIT MODIFICAT I ID ii MAY - 2 2013 May 1, 2013 Southold Town West take Association Re: NYSDEC#1-4738.02 rd fTr C/O Mr. Peter Gunn West Lake Association Dredging 2145 Little Peconic Bay Lane East End of West Lake Drive Southold NY 11971 Southold Permit Expiration: 9/5/2022 ARNO-DEP :Bear Peranittee: Your regent request to modify the above permit has been reviewed pursuant to G NYCRR Part 621 (Uniform.Procedures Regulations). It has been determined that the proposed modifications.will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore,the permit is modified to authorize: Use of a clamshell or other closed bucket equipment to perforin the dredging in lieu of the previously approved hydraulic.mcthod. The material will be placed on the upland portion of 250 Midway Road prior to being removed to an approved upland location, Natural Resource Permit Condition number 25 is added to the permit as follows: 25. Restrict Spillage,Used Closed Bucket 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. This letter is a modification to the original permit,and as such, shall be available at the job site whenever authorized work.is in progress. All other terms and conditions remain as written i he original permit. Sincerely, , I a'"4+ Jo 111 f1. e ' �..•.''./.: ..1 Puty, 71i:t 1 Hi"3t tar - _•,." _ cc: Patricia C. Moore, Esq. I301-1 -TW,. Tile PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 www.mooreattys.com May 8, 2013 hand delivered m oy oS Attn: Matthew Penski NYS DEC, Division of Environmental Permits, Region One SUNY-Stony Brook. MAY 1 6 2013 50 Circle Road Stony Brook NY 11790-2356 S a► By email and hard copy RE: ANGEL SHORES Dear Mr. Penski: With reference to the above, enclosed please find an application for beach restoration dye to super storm sandy. I am also enclosing a copy of the emergency permit which was obtained for placement of sand and/or material equivalent to existing material at the toe of eroded escarpments and re-grading of eroded dunes. However, we want to ensure that we are abiding by all of the DEC rules and regulations. Please review the attached and if you feel that a full permit is necessary, we respectfully request that the review be expedited. We are ready to begin immediately and we are running into the end of the dredging window. Please do not hesitate to contact us should you have any questions or require additional information. Very truly yours, Patricia C. Moore JOINT APPLICATION FORM For Permits/Determinations to undertake activities affecting streams,waterways, �i waterbodies, wetlands,coastal areas and sources of water withdrawal. New York You must separately apply for and obtain separate Permits/Determinations from US Army Corps of State each Involved agency prior to proceeding with work. Please read all instructions. Engineers(USACE) APPLICATIONS TO 1. NYS Department of Environmental Conservation. 2. US Army Corps of Engineers 3. NYS Office of 4. NYS Depart- Check all permits that apply: Check all permits that apply: General Services ment of State ❑ Stream Disturbance ❑ Coastal Erosion ❑ Section 404 Clean Water Act Check all permits that Check if this Excavation and FIII in Management apply: applies: ❑ Section 10 Rivers and Harbors ❑ State Owned Lands ❑ Coastal Navigable Waters ❑Wild,Scenic and Act ❑ Docks or moorings Recreational Rivers Under Water Consistency 9 ❑ Nationwide Permit(s)-Identify ❑ Concurrence Platforms water Withdrawal Number(s): utility Concurrence ❑ Dams and Impoundment ❑ Long Island Well (pipelines, Structures ❑Aquatic Vegetation Control conduits, ❑401 Water Quality ❑Aquatic Insect Control cables,etc.) Certification Preconstruction Notification- ❑Docks, ❑ Freshwater Wetlands Fish Control .❑ Y / ❑ N Moorings or ❑Tidal Wetlands ❑ Incidental Take of Endan- Platforms gered/Threatened Species ❑L I am sending this application ❑ I am sending thls ❑ I am sending I am sending this application to this agency. to this agency, application to this this application a en to this agency. 5. Name of Applicant(use full name) Appli ant must be: 6. Name of Facility or Property Owner(If different than I SeS6wner Applicant) o ❑ Operator Mailing Address ❑ Lessee Mailing Address (check all that apply) US Post Office City Taxpayer ID (If applicant Post Office City S e,\ /I 1 is NOT an individual): State �! ► Zip Code State Zip Code Telephone(daytime) Email Telephone(daytime) Email 7. Contact/Agent Name 8. Project/Facility Name Property Tax Map Section/Block/Lot Number A "Je I "' — () () ". IWO Company Name Project ation-Provide directions and distances to roads,bridges and bodies of waters: �\_CbQn VOW Mailing Address Street Address, if applicable Post Office City State Zip Code d .- Sw_ . Va kJL(" Post Office City Town/Village/City C my °t11 MFfbt,� State Zip-Code Name of USGS Quadrangle Map Stream/Water Body Name usl 3 Telephone(daytime) Location Coordinates: Enter NYTMs in kilometers,OR Latitude/Longitude Email NYTM-E NYTM-N Latitude Longitude Oac Lae For Anencv Use Only DEC Application Number: USACE,Number. JOINT APPLICATION FORM 02/13 This is a 2 Page Application Application Form Page 1 of 2 Both Pages Must be Completed 'JOINT APPLICATION FORM - PAGE 2 OF'L Submit this completed page as part of your Application. 9. Project Description and Purpose: Provide a complete narrative description of the proposed work and Its purpose.Attach additional page(s) If necessary. Include: description of current site conditions and how the site will be modified by the proposed project; structures and fill materials to be Installed; type and quantity of materials to be used (i.e., square ft of coverage and cubic yds of fill material and/or structures below ordinary/mean high water) area of excavation or dredging, volumes of material to be removed and location of dredged material disposal or use; work methods and type of equipment to be used; pollution control methods and mitigation activities proposed to compensate for resource Impacts; and where applicable,the phasing of activities. ATTACH PLANS ON SEPARATE PAGES placement of sand and/or material equivalent to existing material-at the toe of eroded escarpments and re-grading of eroded dunes in accordance with Plan of Sea Level Mapping (last dated 3/30/13), fill area with 600 + cy, keeping fill at a minimum 15 feet of high watermark, plat beach grass 18 feet on center; 1200 feet to dredging at West Lake Entrance. Proposed Use: Private ❑ Public []Commercial Proposed Estlmated Start Date: Completion Date: Has Work Begun on Project? ❑Yes No If Yes,explain. Will Project Occupy Federal, State or Municipal Land? ❑Yes XNNo -If Yes,please specify. 10. List Previous Permit/Application Numbers(if any)and Dates: 11. Will this project require additional Federal, State,or Local Permits Including zoning changes? ❑Yes #WNo If yes, please list: 12..Signatures.If applicant Is not the owner, both must sign the application. I hereby affirm 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 taw, 18 U.S.C.,Section 1001 provides for a fine of not more than $10,000 or Imprisonment for not more than 5 years, or both where an applicant knowingly and willingly falsifies, conceals,or covers up a material fact; or.knowingly makes or uses a false,fictitious or fraudulent statement. Signature of Applicant oij UQtw Printed Name Title Date . g ature of Owner Printed Name Title Date Signature of Agent Printed Name Title Date Fors Agency Use Only DETERN INATI N'OF NO PERMIT RE.C�U ' ED �kgency Project Number has deterntlnec�th,�t No Permit Is required from this;Agency.for the project descriwe I (Agency Name); this appllcation. Agency.Representative: Name(prlrlted) 71t1e Slgnature Date- JOINT APPLICATION FORM 02/13 Application Form Page 2 of 2 PLAN VIEW N Applicant: Angel Shores Assoc. WE Proposed: Dredged Fill Placement _ a�,�e k—k— X S •� "max--ate Purpose: Erosion Control Surveyed: 03-30-13 SCT#i 1000-88-6-13.60 37 x`x-- Town: Southold I Suffolk County, NY Datum: IVISL-NAV®'88 , N �'kjn9 k\k 1p00 SCT# }\ 'An 88_6_/S17 � k ltl6 3 badly eroded 43�'�``T .' c� scarp line Q59 0 / fo G ,( 46 o ...... ' i7 6,0 /2o ' .0 p9 /.B etlon�( lne 'Z'.2 �:5 gr'eq 0`to f 1.8 7 ro 7. -o,o -� -— 21 `'6.0 . eest nd E _32 /./ 2 9 `/-7 .-o,7 6/ -35 `4¢ `4.0 3 7 �.7 26 -46 P '4.3 e � onl � Ba y plant beach Proposed grass loll oc� Fill Area l•I �j ;' 600+/cy keep fill ; min. I5,from HW — — — — — — — — — — -=4�.e _ HW M5L - NAV088 o e •-_�_ LW Typical Fill Section p ECc FIVE 1" � G0 MAY 1 6 2013 ' r ;•` RORERT H. FOX Southold Town NYS PLS#50197 PO Box#366 Aquebogue ' NY11931 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 www.mooreattys.com April 25, 2013 Board of Trustees Town of Southold 1:7 Main Road Southold NY 11971RE: AMENDMENT TO PERMIT WESTLAKE ASSOCIATION Dear President King and Board members: With reference to the above, the inlet was affected by Sandy storm and the size of material in the inlet exceeds the scope of available hydraulic dredge equipment. Therefore, we respectfully request to amend the above permit as follows: 1. In leu of hydraulic dredge, the method of dredging will be by mechanical equipment (such as, but not limited to, excavator and front loader) from adjacent upland or barge. 2. Dredge material shall be deposited on above permit approved upland site, or on a barge for transport to a DEC and Trustee approved location. All other permit conditions of the permit shall apply. Please do not hesitate to contact us should you have any questions or require additional information. Very truly yours, G Patricia C. Moore C: Westlake Association PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 www.mooreattys.com April 25, 2013 Board of Trustees Town of Southold Main Road Southold NY 11971 RE:WESTLAKE ASSOCIATION Dear President King and Board members: With reference to the above, enclosed please find my clients check in the amount of $5,750.00 for the dredging/inspection fees. Please do not hesitate to contact us should you have any questions or require additional information. Very truly yours, Patricia C. Moore C: Westlake Association OFFICE LOCATION: ��OF SO(/r�,ol MAILING ADDRESS: Town Hall Annex ,`O P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 CA Q Telephone: 631 765-1938 a0 Fax: 631765-3136 COUNTY,�c`� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM D E C E_j W E p" To: Jim King, President Town of Southold Board.of Trustees OCT 12 2012 F .From: Mark Terry, Principal Planner �-- ----� 4 LWRP Coordinator id Board rd of Trustees Date: October 12, 2012 Re: Proposed Wetland Permit for WEST LAKE ASSOCIATION, INC. SCTM#1000-90-1-11 Patricia C. Moore, Esq. on behalf of WEST LAKE ASSOCIATION, INC. requests a Wetland Permit to hydraulically maintenance dredge the entrance channel and a portion of the adjoining West Lake to a depth of-3' mean low water; pump the resultant approximately 640 cubic yards of material to the bermed upland site. Located: West Lake Channel, Southold. SCTM# 90-1-11 The proposed action has been.reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the Board considers the following: In the event that the action is approved the following BMP is required pursuant to: § 275-11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. Require the installation of a silt boom in areas where practicable. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Office Use Only Coastal Erosion Permit Application Wetland Permit Application Administrative Permit _Amendment/Tran fer/E tension tReceived eceived Application: Fee:$ompleted Application _Incomplete _SEQRA Classification: Type I Type II Unlisted ! �� Z 5 2��2 oordmation:(date sent) LWRP Consistency Assessment Form Z 2 1 a _Date of Inspection: �^-'+��'d Tr•a= _Receipt of CAC Report: _Lead Agency Determination: Yechnical Review: Public Hearing Held: Resolution: Name of Applicant Address 610 -Fe-fir' 6-n n JL L4 5 J, e :Fe ye- .G " LUAQ , Sa a tIA Phone Number:( ) '7 L- y 0 6-3 Suffolk County Tax Map Number: 1000 - Property Location: e-5 t b o-5 tb CV-o-V,y)Pj (provide LILCO Pole#, distance to cross streets, and location) AGENT: cp—Q G,, C Y Oev (If applicable) (� Address: Sl 0Z `��O y� �c.xu'-, CAA, kill. l ( 1 `1 k Phone: -7(S - 30 1�d" CAqla�I►a, Board of Trustees Application GENERAL DATA Land Area(in square feet): e Jo, Cho c2� sfl 1=r-- Area Zoning: �— 0 Previous use of property: �XlbTc.Y1�A 's Jed Gha�:n•p�{ Intended use of property: areckq L iyl{tA 4 claaa atie Covenants and Restrictions: Yes __ _No If"Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals Yes No If"Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept. Yes _ ) . No. 1 Does the structure(s) on property have a valid Certificate of Occupancy WA Yes No -- l:+W-A did nc� . Prior permits/approvals for site improvements: Agency Date 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): lwarau 11 "3 ` wan Low Nctk r_ .Fu mp Aim. t O+P r o-A , C(4p c.v io c- y aivd s d� rV1od--r,-,.1 + ii--e Vic'-rffled 1_kf(alAd P(�Y�vL� pe-C/h.L� � �J C ��Y► O P 300 0^ V E� x llc�,m 3o-1 �►o vi tate-C u�w �x�d 5/ /lz B d of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations:— Area of wetlands on lot: €Arj-Cj square feet Percent coverage of lot: Closest distance between nearest existing structure and upland edge of wetlands: C% feet Closest distance between nearest proposed structure and upland edge of wetlands: (") feet Does the project involve excavation or filling? y No A Yes If yes, how much material will be excavated? s cubic yards 1n CkCc S:+1r�c�` �c� t d1 f ��'� 1��'G�c ecG How much material will be filled? _ cubic yards S/Z5�IZ Depth of which material will be removed or deposited: feet CA Proposed slope throughout the area of operations: 1 a `3 S (c __ Manner in which material will be removed or deposited: '�r V :311'L'Qd `6'\rd-k h."'.ral as svicn'olb a cn % 5tSr/C L 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): 6 1" L Q �l=c 'JCRs i NN) AI PROJECT ID NUMBER 617.20 SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only. PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) F3.PROJECT LICANT/SPONSOR 2.PROJECT NAME ' Lc� �' _.m �� Ec k z: �L ice I-� E �' " �F�tq LOCATION: Municipality sG tr3 v _ County 4.PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide map 0 5.IS PROPOSED ACTION: � New El Expansion ❑Modification/alteration 6.DESCRIBE PROJECT BRIEFLY: (� ��!l�t:.1 ��._ �.'�L•z.�a:��1°" �.ti"�' G.�t'(J��;1r'Y't-C:°� �C�..�ir`��:-�...� ��!�tO�J� 7.AMOUNT.OF LAND AFFECTED: Initially ; ,� =ais Ultimately `pr� acres S.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ®Yes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) 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) �f Yes ❑No If yes, list agency name and permit / approval: gam) RFC' TT �� .lA��.m 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes r)No 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 Vam ��. {,z_tY_� / Date: Signature �" ;�• ,/t,_ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II- IMPACT ASSESSMENT To be completed by Lead'A enc - A. DOES ACTION EXCEED ANY TYPE t THRESHOLD IN 6 NYCRR,PART 617A? If yes,coordinate the review process and use the FULL EAR Yes a.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. ElYes 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 pattern,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 C1-05? Explain briefly: ....... C7.-Other impacts(including than es in use of either quantity or!Xpe of ener ? Explain briefly. - D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA? If yesv explain briefl : aYes a No E. IS THERE,OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes ex lain: ❑ Yes a No 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. If question d of part ii was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box If you have Identified one or more potentially large orsignificant adverse Impacts which MAY occur.Then proceed directly to the FULI EAF and/or prepare a positive declaration. Check this box Ifyou have determined,based on the Information and analysis above and any supporting documentation,that the.proposed actin WILL NOT result In any slgnifcant adverse environmental Impacts AND provide, on attachments as necessary,the reasons supporting thi determination. Board of Trustees p Q C T -t5- L®/ Name of Lead Agency ` Date President p Print or Type Name of Responsible Officer In Lead Agency Title of Responsible Officer Signature of Responsible Officer in Le gency Signature of Preparer(If different from responsible officer) CE- . Town of Southold CIO Erosion, Sedimentation .& Storm-Water Run-off ASSESSMENT FORM PROPERTY LOCATION: S.C.T.M.#: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A. lif 0 /f STORM-WATER,GRADING,DRAINAGE AND EROSION CONTROL PLAN District ect on Block Lot CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. SCOPE OF WORK - PROPOSED CONSTRUCTION ITEM# / WORK ASSESSMENT Yes No a. What Is the Total Area of the Project Parcels? (include Total Area of all Parcels located within � Will this Project Retain All Stone-Water Run-Off the Scope of Work for Proposed Construction) coo '$t Generated by a Two(2")Inch Rainfall on Site?= (S.F.I Acres) (This item will include all run-offcreated by site b. .What is the Total Area of Land Clearing clearing and/or construction activities as well as all and/or Ground Disturbance for the,proposed 1- Poo Site Improvements and the permanent creation of construction activity? impervious surfaces.) (S.F.i Acres) Z Does the Site Plan and/or Survey Show All Proposed PROVIDE BRIEF PROJECT DESCRIPTION (Provide Additional Pages as Needed) Drainage Structures Indicating Size&Location?This - Item shall Include•all Proposed Grade Changes and 1 Slopes Controlling Surface Water Flow. 3 Does the Site Plan and/or Survey describe the erosion j - ❑ and sediment control practices that will be used to control site erosion and stone water discharges. This N item must be maintained throughout the Entire Construction Period. 4 Will this Project Require any Land Filling,Grading or Excavation where there is a change to the Natural Existing Grade Involving more than 200 Cubic Yards _ of Material within any Parcel', 5 Will this Application Require Land Disturbing Activities 4 Encompassing an Area in Excess of Five Thousand ❑ — (5,000 S.F.)Square Feet of Ground Surface? 6 Is there a Natural Water Course Running through the Site? Is this Project within the Trustees jurisdiction General DEC SWPPP Requirements: or within One Hundred(100')feet of a Weiland or Submission of a SWPPP is required for all Construction activities involving soil Beach? disturbances of one(1)or more acres; including disturbances of less than one acre that 7 Will there be Site preparation on Existing Grade Slopes are part of a larger common plan that will ultimately disturb one or more acres of land; which Exceed Fifteen(15)feet of Vertical Rise to ❑ Including Construction activities involving soli'disturbances of less than one(i)acre where One Hundred(100')of Horizontal Distance? the DEC has determined that a SPDES permit is required for storm water discharges. (SWPPP's Shall meet the Minimum.Requirements of the SPDES General Permit 8 Will Driveways,Parking Areas or other Impervious J for Storm Water Discharges from Construction activity-Permit No.GP-040-001.) Surfaces be Sloped to Direct Storm-Water Run-Off El 1.The SWPPP shall be prepared prior to the submittal of the NOI.The NOI shall be Into and/or in the direction of a Town right-of-way? submitted to the Department prior to the commencement of construction activity. 2.The SWPPP shall describe the erosion and sediment control practices and where 9 Will this Project Require the Placement of Material, required,post-construction storm water management practices that will be used and/or Removal of Vegetation and/or the Construction of any constructed to reduce the pollutants in storm water discharges and to assure Item Within the Town Rlght=of-Way or Road Shoulder compliance with the terms and conditions of this permit.In addition,the SWPPP shall Area?(This Item Wit NOT Include the Installation of Driveway Aprons.) Identify potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges. NOTE: If Any Answer to Questions One through Nine Is Answered with a Check Mark 3.All SWPPPs that require the post-construction storm water management practice in a Box and the construction site disturbance Is between 5,000 S.F.&1 Acre in area, component shall be prepared by a qualified Design Professional Licensed in New York a Storm Water,Grading,Drainage&Erosion Control Plan Is Required by the Town of that Is knowledgeable in the principles and practices of Storm Water Management Southold and Must be Submitted for Review Prior to Issuance of Any Building Permit (NOTE: A Check Mark(%V)and/or Answer for each Question is Required for a Complete Application) STATE OF NEW YORK, 1Z1A UNTYOF...........................................SS That I.............. L C�.a....C...H�61�........being duly sworn,deposes and says that he/she is the applicant for Permit, (Name of individual signing Document) And that he/she is the v� ........................................................................................................................................... (Owner,Cantrador,Agent,Corporate Officer,etc.) Owner and/or representative of the Owner or Owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this.application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed herewith. Sworn to before.me this; �... ....... day of .. .................. 116ETSY A.P Notary Public: .. . ..... ... ... Ot Public,$ta .OI It.......... ................ aryl. ...................................... (Signature of Applicant) FORM - 06 10 Qualified in Suffolk County- i3 Commission Expires July 18, AffowMO LETTER PATRICIA C. MOORE, ATTORNEY AT LAW 51020 Main Road Southold,NY 11971 (631)765-4330 email:pcmoorel @optonline.net DATE 10 / (,0 —. TO SUBJECT 'W VGI A- C) ii ail OCT Iit i Tvom� I ED F-1131ease reply F—]No reply necessary BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF WESTLAKE ASSOC. MAILING Applicant's Land Identified as 1000-90-1-11 COUNTY OF SUFFOLK) OCT STATE OF NEW YORK) � r 6 ZO12 1, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose,and say that: On the 1 day of October, 2012, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. Betsy Perki s (Signa re) Sworn to before me this 16 T/f day of October, 2012 (Notary Public) MARGARET C. RUTKOWSKI Notary Public,state of New York oualified in Suffolk County PLEASE list, 6Qi'�i9�� g&pg1h i wwic�avifor on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. RECEIPT i RECEIPT ', RECEIPT ,'ECEIPT RECEIPT 7192 6463 3110 0001 3157 7192 6463 3110 001, I 7192 6463 3110 o001 3171 j 7 53 3110 0001 3188 192 6463 3110 0001 3195 FROM: II FROM: I FROf`- 4 FROM: .)M: MOORE LAW OFFICE 1 MOORE LAW OFFICE I MOORE LAW'O-FFI�GE MOORE LAWF fj-IC�jE�`� 'AOORE LAW OFFICE RE:WESTLAK SRUSTEES uStEES,_, RE:VJEST�LAIZtxTRU TEES• I RE:WE3TLA E tRU TEES, ZE:WESTLAKE TRUSTEES d'. r RE WESTfLAKKE-TR y 4 'A 7 �� 9)�� „ 6- i ' - ��AD TO: SEND TO: - 1�:+' SENDaTO: �� I SEND%T0: SEN TO: �^ MARK SAPORITA I BENAL'I'LLC 1 i p�DOGA MANAGEMENT LLC BONNIE QUINN ;AMERON DOWEf r.., CHRISTOPHER BRODARICK�' I 1149�BELLAGIO ROAD j 2228 NE 26TH STREET e 6 CIDER MILL LANE IEGAN STRECKER�°' 14Q5 WATER TERR. I HUNTINGTON NY 11743_,1, 75 CEDAR POINT DRIVE W. SOUTHOLO NY 11971 % LOS ANGELES CA 90049 �, LIGHTHOUSE PT FL 33064'% 0UTHOLD NY 11971 FEES: I FEES: { FEES: 0.45 I FEES: `e , Postage postage 0.45 I postage 0.45 i Postage 0.45 'ostage`"•--=---" 0.45 Certified Fee 2.95 2.95 2.95 Certified Fee Certified Fee 2 35 Certified Fee 2.95 ertified Fee 2.95 Return Receipt 2.35 Return Receipt 2.35 Return Receipt Return Receipt 2.35 leturn Receipt 2.35 Restricted Restricted i Restricted Restricted lestricted TOTAL $5.75 I TOTAL $5.75 II TOTAL $5.75 ; TOTAL $5.75 'AL $5.75 POSTMARK OR DATE POSTMARK OR DATE )STMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE l I - -' ---- RECEIPT RECEIPT i RECEIPT I RECEIPT I RECEIPT 7192 6463 3110 0001 3201 7192 6463 3110 0001 3249 IFROM: � 7192 6463 3110 0001 3218 I 7192 6463 3110 0001 3225 7192 6463 3110 0001 3232 ' i MOORE LAW OFFICE FROM: FROM: I FROM: I FROM: I RE:WESTLAKE-TRUSTEES MOORE LAW OFFICE I ' MOORE LAW OFFICE I MOORE LAW OFFICE MOORE LAW OFFICE RE:WESTLAKE TRUSTEES I RE:WESTLAKE TRUSTEES RE:WESTCFKE-TRUSTEES I RE:WESTLAKE TRUSTEES SEN 11Y . 7 D,TO: \ �; ct,.r� ` SEND TO:MCDOt`fAH REV Lv 7R. SND TO: I SENDjTO: 0. SEND TO: I 14w MCDONA REV.LV.TR. i GERARD&CON HENRY KAMINER I f,ED.BRENNAN&OTHERS STANCE CASE '," DAVID SCHAB 247 NEPTUNE DRIVE 58 GLATTLY DRIVE j 505 W.CEDAR DRIVE S I ¢95,CHARLES STI .*)APT.5 I ARIEL KAMINER I GROTON CT 06340 DE NJ 07834 SOUTHOLD NY 11971 1 NEW YORK NY 10014 2S6 W.10th ST.,APT.3D,: S 1i NEW YORK NY 10014 c. FEES: _: �. < I --_ } ````C r Postage 0.45 FEES; c� FEE c FEES: 'FEES: -- ' Posta` �'~, ts` t �' j Postage 0.45 Certified Fee 2.95 ge'' 045 I Postage Postage 0.45 Certified Fee 2.95 Return Receipt 2.35 Certified Fee 2 95 Certified Fee "" 2.95 Certified Fee 2.95 Restricted Return Receipt 2 35 Return Receipt 2.35 I Return Receipt 2.35 !' Return Receipt 2.35 Restricted I Restricted j, Restricted TOTAL $5•75 i Restricted 1 { TOTAL $5.75 1 TOTAL $5.75 i TOTAL $5.75 TOTAL $5.75 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE I POSTMARK OR DATE � POSTMARK OR DATE f I I I I RECEIPT � iRECEIPT RECEIPT RECEIPT I RECEIPT 7192 6463 3110 0001 3294 ` 7192 6463 31110 0001 3256 7192 6463 3110 0001 3263 I 7192 6463 3110 0001 3270 7192 6463 3110 0001 3287 I - FROM: I FROM: { FROM: I FROM: L: `,, i FROM: I MOORE LAW OFFICE I MOORE LAW OFFICE 1 •.-MOORE LAW OFFICE MOORE LAW OFFICE MOORE LAW OFFICE j : ! RE:WESTLAKE TRUSTEES RE:WESTLAKE TRUSTEES I RE:WESTLAKE TRUSTEES I RE:WESTLAKE TRUSTEES I RE:WESTLAKE TRUSTEES �t p..`. Y I SEND TO: I 'I SEND TO��^� SEND TO: LSEND TO: SEND TO: I ROBERT L.HOLLIS i ```lY 7 0E I ROGACSKI FAMILY REV,.LVG TR. GUNN FAMILY 2009-I R:TR. THOMAS&PEGGY PROKOP KATHELEEN GIRANDOLA- JOSEPFLEVITS'8 dTHEf?S xr, PO BOX 926. ,.- IG�.�'�1'• 4 LIT�L PECONIC$AY LA ( 2245 LITTLE PECONIC BAY LA 1 g20,BURNS,STF3EET 324&HERING ROAD I SOUTHOLD NY 11971 SO 7HOL ,`i 1971 SOUTHOL`D NY b1971 I FOREST HILLS NJ 11375 PINE BROOK NJ 07058 ! I !f FEES: F, r FEES: F ES: !l� FEES: EES: 1 0.45 �.., I,tCE';% •`�. Ar,- ?nA i Postage �osta a 0. 5 ` Postage - 0.45 I P.oStage j 0.45 I Postage 0.`45 Certified Fee 2.95 g Certified Fee 2.95 CertiFQ'Fee 2.95 I Certified Feet,4,, �2.95 1 Return Receipt 2.35 e�rlified Fee 2 95 I p Reltrr�t Receipt t �'•/12.35 I Return Receipt 2.35 Return Receipt 2.35 4 Return Receipt 1�, 2:35 Restricted Restricted__ Restricted Restricted \ Restricted TOTAL $5.75 TOTAL $5.75 TOTAL $'`5.75 I TOTAL $5.75 TOTAL $5.75 ( I ,I'", POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE f POSTMARK OR DATE POSTMARK-OR DATE __----- ----- --I RECEIPT PT l 7192 6463 3110 0001 3300 3317 RECEIPT 7192646E RECEIPT i FROM: 7192 6463 3110 0001 3324 MOORE LAW OFFICE ( FROM: rROM: RE:WESTLAKE TRUSTEES MOORE LAW OFFICE MOORE LAW OFFICE RE:WESTLAKE TRUSTEES RE:WESTLAKE TRUSTEES SEN�D.TO. �9;, �n N'NE SOWINSKI �` SEND TO: j RAH HERMAN HERBERTr&MARELLA GREENFIE-� SEND TO 18 SNEI)ffOB�V�v"J' i 306 W.38iH STREET,UNIT 2p1 /SII�1i,60YD�!a, LINDENHURST Y1757 NEW YORK NY �UI18 `•,/•'106 MULBE RN S EET APT.7 j `i4' /�%NEW YORK NY 10013 I FEES FEE Mage ! 0.45 FEES: ;� n�T Post �i a � 2.95 Postage c 0.45 Certifies Feev e._ 2 35 Postage 0.45 Return Receipt Certified Fee 2:95 Certified Fee 2.95 Restricted Return Receipt 2.35 Restricted Return Receipt 2.35 $5.75 �str,'tee+ TOTAL $5.75 ' POSTMARK OR DATE TOTAL TOTAL $5.75 j POSTMARK OR DATE POSTMARK OR DATE 1 I ' a i I B";ia�d of Trustees Application County of Suffolk State of New York �V BEING DULY SWORN DEPOSES AND AFFIRMS THAT 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 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 EW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS �J DAY OF ,20 )-1-1 Notary P bl c ' 13ETSY A. PERKINS Notary Public, State of New York No. 01 PE6130636 Qualified in Suffolk Coun Commission Expires July 18,� 3 E'a-d of Trustees Application AUTHORIZATION (where the applicant is not the owner) �9-�ES 1Loa tCG a sscy-- I, -- 4,r� C—,,-urnr, residing at -21 4S (print owner of property) (mailing address) do hereby authorize (Agent) �rx-�rc,zAc,_ C_ M cc to apply for permit(s) from the Southogoard of Town Trustees on my behalf. r (Owner's signature) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: �U �OJ. l i�ZZ_ �JU� I l OJ2� cTO f c r /� (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this p�Q� . 20d oL Signature Print Name tJ0 Form TS I C Ft(-)) �- 1 Town of Southold i LWRP '` 8EP 2 5 I;, , ' CONSISTENCY ASSESSMENT F f � A. INSTRUCTIONS Southold Nvn BoBfd of Tfustges 1. All applicants for permits* including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions.If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION Trustees Permit: Hydraulically Maintenance dredge the entrance channel and portion of adjoining west lake to a depth of-Y mlt (WEST LAKE ASSOCIATION INC) AGENT: Patricia C. Moore Esq., 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees X Zoning Board of Appeals ❑- 1 Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Type: Town of Southold LWRP Consistency Assessment Form 1 Location of action: West Lake Inlet Site acreage: & 640 c. Present land use: Existing inlet, channel and West Lake basin Present zoning classification: Residential-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant:West Lake Association,Inc. C/o Peter Gunn (b) Mailing address 2145 Little Peconic Bay Lane, Southold (c) Telephone number: (631 ) 734-4053 (d)Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ❑ If yes, which state or federal agency: Town of Southold LWRP Consistency Assessment Form 2 DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Existing channel was dredged 5 years ago and needs maintenance dredging. The mouth of the Inlet has been dredged in the past pursuant to DEC 10 year permit and Trustees permits. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): No Archeological or historic resources identified- site has been disturbed in the past. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): The mainenance dredging does not impact visual resources NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Inlet last dredged five ergo and storms, as well as piping from adjacent bulkheads, have filled in the channel. Hydro. dredging will restore channel. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III-Policies Pages 16 through 21 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Dredging of mouth of inlet will restore flushing of West Lake and promote healthy water quality of basin. Town of Southold LWRP Consistency Assessment Form 3 { it Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies; Pages 22 through 32 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Dredging will promote regeneration of basin and beneficial restoration of natural habitat and wetlands. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): No impact on air duality Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): No impact on Solid Waste or hazardous substances. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): restore recreational use of coastal waters WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion(if appropriate): Dredging of Mouth of Inlet and West Lake protect a water- dependent use Town of Southold LWRP Consistency Assessment Form 4 \ J Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): dredging of existing channel is beneficial to marine resources and promotes flushing of West Lake marine resources. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies;Pages 62 through 65 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): _ Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies;Pages 65 through 68 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion(if appropriate): No impact on energy or mineral resources copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 September 25, 2012 Board of Trustees Town of Southold Main Road Southold NY 11971 RE: WEST LAKE ASSOCIATION INC. SCTM: 1000-90-1-11 Dear President King and Board members: With reference to the above enclosed please find an original and two copies of a wetlands permit application together with my clients check for the filing fee. In light of the concerns raised by Mr. Domino and Mr. Bredemeyer, this application is fora wetlands permit subject to ordinary extensions pursuant to Chapter 275. Thank you. Very trul ours, atricia C. Moore PCM/bp ; encls. ! a !j SEP 2 5 2012 I �