ENB - REGION 1 NOTICES

Completed Applications
Consolidated SPDES Renewals

Negative Declaration

Suffolk County - The Town of Babylon, as lead agency, has determined that the proposed Old Farmingdale Road Rezoning at West Babylon, New York will not have a significant adverse environmental impact. The action involves direct action by the Town Board of the Town of Babylon to upzone an 82.55 acre portion of West Babylon from A Residence (12,500 square foot lot requirement), B Residence (10,000 square foot lot requirement) and C Residence (7,500 square foot lot requirement) to AA Residence (20,000 square foot lot requirement). The project is located in the geographic area in vicinity of Old Farmingdale Road more specifically identified by Schedule A at West Babylon, Town of Babylon, County of Suffolk, New York.

Contact: Richard Groh, Town of Babylon Department of Environmental Control, Town Hall Annex, 281 Phelps Lane, Room 23, North Babylon, New York 11703, phone: (631) 422-7640, fax: (631) 422-7686.


Suffolk County - The Planning Board of the Village of Southampton, as lead agency, has determined that the proposed FHW Partnership LTD will not have a significant adverse environmental impact. The action involves a subdivision project of a proposed 5-Lot Subdivision for a 19.1 acre property on the west side of Pond Lane and east side of First Neck Lane, zoning R-120 District.

Contact: Alfred Calaham, Village of Southampton Planning Board, 71 Hill Street, Southampton, NY 11968, phone: (631) 204-2146, fax: (631) 283-0247.


Conditioned Negative Declaration

Suffolk County - The Planning Board of the Village of North Haven, as lead agency, has determined that the proposed Revetment for Richard & Harriet Demato Property will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice. The action involves construction of 341 linear feet of stone revetment having a variable height to follow the existing grade of the low bluff on the property. The rocks to be placed on the property will be approximately 3 to 4 feet in height in front of their property. The stone proposed to be used is 1,000 to 2,000 lb. native rock. The revetment is to be underlain by filter cloth, and is to be located immediately adjacent to the edge of the existing escarpment. Thirty feet from the property line, the southerly terminus of the revetment is to be angled landward and constructed in a trench (to be cut into the existing slope to act as a return. The revetment will extend to 10 feet from the southern property line. Included with the project is the mitigation of the addition of bank run material in front of the proposed revetment, as discussed in the April 15, 2005 submission by First Coastal Corporation and as further described in the attached listing of mitigation measures.

The conditions are:

1. Scope of Approval. This application for site plan approval is granted for the following specified improvements: construction of a 341 linear foot revetment using 1000 to 2000 lb. native rock with height between 3 feet and 5 feet, located entirely landward of existing beach, using black geotextile composition filter cloth placed in two (2) layers on top of the graded slope of the bank and beneath the toe stone with joints of the cloth (top and bottom overlaps) staggered at least six (6) feet apart and overlapped at least three (3) feet in each direction, avoiding ends of the cloth butting each other, with top stone excavation to the depth of MLW, maintaining a straightened bank face so that it is linear, with a tapered southern end to the revetment, with the following additional specifications:

a. Any excavated sand shall be reserved at site and used to fill in the trench after the toe stones have been set.

b. A minimum of a 9 to 12 inch layer of bedding stone (4 to 8 inch stone) shall be placed over the filter cloth prior to the placement of the armor stone.

c. The armor stone shall be placed by equipment on the bank and shall not be dumped on the bank. Each stone shall be chosen and placed into position by equipment in order to interlock with adjacent stone. Placement shall be such that the end face of the longest dimension of the stone shall face seaward and the rock shall be placed horizontally. Each armor stone shall be tapped into a proper seating to assure a tight fit before each later stone is placed.

d. All rock shall be placed so that the face of the revetment has maximum roughness with rock points out and the face of the structure shall not be smooth.

e. The face of the revetment shall be covered with approximately 200 cubic yards of sand, it being intended that the dune face be brought out as per the Beach Profile Survey marked received November 14, 2005 in the within file at the Village Clerk's Office.

f. Sand shall be placed level with the top of the revetment and form a dune fronting the revetment.

g. The material forming the dune shall be a grain size comparable or coarser but not finer than the sand that is present now at the subject premises.

h. 400 cubic yards of sand or the greater volume necessary shall be placed on the beach as beach nourishment beginning at the toe of the dune and extending to mean high water and said sand shall have a grain size composition that is small cobbles 40% by volume and 60% sand, it being intended to approximate with this mix the cobble sand mixture now on the beach at the subject premises and all said sand shall be contoured to conform to both the dune shape and so as to form a smooth beach seaward of the dune.

2. Lapse of Approval. This resolution and all rights provided hereunder shall lapse and be without force or effect at 5:00 p.m. on the 365th day after the date of issue of a building permit, unless the improvements described in the preceding paragraph are installed prior to said date and/or unless the Board for good reason on letter application extends said lapse date.

3. Pre-Construction Survey. The revetment shall be landward of the existing beach. A survey depicting said location shall be filed with the building inspector at least three (3) weeks prior to the commencement of any work at the subject premises. Survey transects shall start from a base line landward of the proposed structure and the base line shall be anchored with a permanent benchmark surveyed into a known NGVD datum. The benchmark shall be located away from the active beach.

4. Installation of Beach Grass. Cape American beach grass shall be installed over the entire dune before April 30 or after September 15 during the calendar year of installation of the revetment. Said beach grass may be surface watered provided the owner assigns a person to manage this activity to avoid excessive watering and consequential erosion. The grass should be planted bare root on 8 to 10 inch centers at the rate of three (3) plants per hole. A one time slow release fertilizer may be used.

5. Renourishment Including Basis for Requirement. The beach shall be renourished when seventy percent (70%) of the beach nourishment (not dune volume) has been transported off the high tide beach or in the event of high erosion with exposure of the revetment.

6. Inspection and Monitoring. Applicant shall provide to the Planning Board monitoring surveys prior to April 15 of each Spring during the two (2) full calendar years following the completion of construction. Said monitoring surveys shall be accompanied by a narrative report which shall contain volume calculations for each transect. The report should state the percentage of fill lost and the percentage of fill remaining on the beach. Site conditions and observations relating to the general performance of the structure, the beach nourishment and the condition of the beach should be included. Any volume calculated should be rectified against the total volume placed on the beach by the applicant's contractor. Dune and beach volume should be calculated from a cross section.

7. Other Agency Approval. No work shall commence unless all required regulatory permits are obtained including by way of illustration the approval of the New York State Department of Environmental Conservation, the New York State Department of State and the US Army Corps of Engineers.

8. Seasonal Limitations On Work At Site. Except as provided in #4 above with reference the planting of beach grass, and except as limited by another agency's approval conditions, the work authorized hereunder may occur at any time during the year.

9. Interference with Public Rights at Foreshore. No part of this approval shall be construed so as to authorize or permit interference with a public right to pass and repass if any along the foreshore and no installation shall cause, allow or result in such an interference, excepting the existing dock and the temporary interference of equipment or stored material incident to construction of the revetment at the site is allowed provided same is reasonable.

10. Maintenance Bond. Applicant shall furnish a maintenance bond to guarantee the nourishment and upkeep of the revetment for a period of three (3) years from the date of the certificate of compliance. The bond shall be in the amount of $5,000.00 and accompanied by a savings bank passbook issued by a banking institution with an office in Sag Harbor, New York with a withdrawal slip signed in blank. Any such bond and passbook shall be approved by this Board (and by the Board's legal counsel as to form, sufficiency and manner of execution). Any such passbook shall be unconditional and irrevocable and shall guarantee funds in the aforesaid amount.

11. As Built Survey. A post construction survey shall be completed and filed with the building inspector no later than thirty (30) days after completion of construction. Any such survey shall include transect lines with an X-Z plot showing pre and post survey profiles for each transect. The survey should be made at low tide with each transect to be shore normal and extend from the base line across the structure out to wading depth. All relevant slope breaks such as the top of the structure, the toe of the structure, the beginning top, the bottom of berms, beach ridges or scarps, apparent high water line, apparent low water line, wrack line, etc., should be included in the survey and noted on the transect line. Elevation data along each shore normal transect line should be acquired at a minimum of every ten (10) feet and at each slope break or feature. Northern profile lines shall extend on said survey along the length of the bulkhead depicted on the Beach Profile Survey marked received November 14, 2006 and made a part of the file in this matter at the Village Clerk's Office. Said northern profile lines shall be established between the groins depicted on said Beach Profile Survey even if there is a non-standard spacing and a survey line should be added on said as-built survey to capture the erosion on the south end of the bulkhead depicted on the Beach Profile Survey. The survey lines should extend to the south to station -150 as shown on the attached copy of the aforesaid Beach Profile Survey.

12. Indemnity. Applicant shall hold harmless and indemnify the Village, including its officials, consultants and representatives, against any claim, cost or expense, including attorneys' fees and court costs, by reason of any claim arising as a result of the construction of all or any part of said revetment including any preliminary or post construction activity. A suitable indemnity agreement signed by applicant and approved as to form by the Village Attorney shall be filed with the Village prior to commencement of any work.

13. Stake Out And On-Site Approval Prior To Start Of Work. No work shall start unless the area including all proposed improvements thereat is staked and the Village Building Inspector and Environmental Consultant on adequate notice of the applicant or its representatives inspect and approve said stake locations.

14. Recorded Declaration. Applicant shall prepare and submit for the approval of this Board (and the approval of legal counsel for the Board as to form) a declaration in recordable form, with cover sheet, faithfully setting forth the memorandum of this resolution and upon the Board's approval and counsel's approval (as to form) applicant shall at its expense cause same to be recorded at the Suffolk County Clerk's office and a certified copy with proof of recording shall be delivered to the Building Inspector prior to the start of any work.

15. Stamped Plans. No work shall start unless plans depicting same stamped and signed by an engineer licensed by the State of New York under Article 145 of the New York Education Law are filed in triplicate with the Building Inspector with one copy returned to the applicant or its representative signed by the Building Inspector as approved which said copy shall be maintained by the applicant at the site for use of any public official during or incident to any inspection.

16. Continuing Engagement of Village Environmental and Coastal Consultant. Applicant acknowledges that the Village reserves the right to the continued engagement of its environmental and coastal consultant and applicant for a period of three (3) years after the date of this resolution shall be obliged upon demand to pay the actual consulting fees not to exceed $2,000.00 per year incurred by the Village for the use of said consultants directly relating to this approval at this site. And applicant acknowledges the continuing obligation at the instruction of the Village and at applicant's sole cost and expense to make reasonable changes to said revetment as need arises during said period.

17. Prior Approval Of Fill. No sand fill shall be delivered, stored, placed or used at the site unless true uniform samples (consistent with this resolution) are delivered to and approved by the Village's environmental consultant within thirty (30) days of delivery.

18. Legal Fees, Court Costs And Other Costs Of Enforcement. In the event the Village commences any action or proceeding to enforce the terms herein and is successful in such action or proceeding, applicant and its successors in title shall be obliged to pay all enforcement costs, including reasonable legal fees, court costs, and other out-of-pocket litigation fees including reasonable witness and expert fees as determined by a court of competent jurisdiction.

19. Access To Beach. Prior to the arrival of any equipment at the subject beach, applicant shall provide a plan for equipment access (by land or sea) to the building inspector. Any access route shall be restored to pre-construction condition or better after the completion of construction. Photographs of the access way and the beach shall be submitted to the building inspector prior to any use of the access way and any placement of equipment on the beach and said photographs shall be maintained as part of the Village Clerk's files on the within matter. Equipment shall not be stored overnight on the foreshore of the beach.

The project is located at 9 Robertson Drive, Inc. Village of North Haven, Sag Harbor, New York, SCTM No. 0901-4-1-28.1.

Contact: A. James Laspesa, Planning Board, Inc. Village of North Haven, 335 Ferry Road, Sag Harbor, New York 11963, phone: (631) 725-1378


Notice Of Acceptance Of Draft EIS And Public Hearing

Suffolk County - The Town of East Hampton Planning Board, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Lakeview Condominiums Site Plan/Special Permit. A public hearing on the Draft EIS will be held on February 28, 2007 at 7:00 p.m. at 300 Pantigo Road, East Hampton, NY. The action involves the construction of seven, two-story condominium units in two buildings, comprised of three and four units respectively, and each having a 500 square footprint and a 10' x 17' or 14' x 17 rear deck and second floor balcony, nineteen parking spaces, and a refuse container enclosure. The untis are to be served by public water and three on-site septic systems, The installation of the septic systems requires numerous variances from the Suffolk County Department of Health Services. Given the low depth to groundwater, stormwater on the site is to be managed by a shallow CULTEC recharger chamber. Five to seven feet of fill, consisting of 5,720 cubic yards, is propsed to be added to the area of the site that will be developed. During the DEIS process, dredging and dock construction were eliminated form the project and the number of units was reduced from 9 to 7. The project is located at 300 Pantigo Road, East Hampton, NY.

Contact: Sylvia Overby, Town of East Hampton Planning Board, 300 Pantigo Place, East Hampton, NY 11937, phone: (631) 324-2696, e-mail:jpahwul@town.east-hampton.ny.us.