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Page 1: Received Departmentof Officeof Department Environmental … · 2019-07-10 · Departmentof Environmental Conservation Officeof GeneralServices Department ofState Received MAY 1 5

Department ofEnvironmentalConservation

Office ofGeneral Services

Department

ofState

Received

MAY 1 5 2019

NYSDOS

US Army Corps

of Englne«r$<

Joint Application Form

For Permits for activities activities affecting streams, waterways, waterbodies, wetlands, coastal areas, sources of water,

and endangered and threatened species.

You must separately apply for and obtain Permits from each involved agency before starting work. Please read

all instructions.

1. Applications To:

>NYS Department of Environmental Conservation \\

Check all permits that apply: ]Dams and Impound-

□ Stream Disturbance rnent Structures

\7\ Excavation and Fill in [Z)401 Water QualityNavigable Waters Certification

I | Docks, Moorings orPlatforms

Check here to confirm you sent this form to NYSDEC.

7] Tidal Wetlands

] Wild, Scenic andRecreational Rivers

] Coastal Erosion

Freshwater Wetlands Management

Water Withdrawal

Long Island Well

Incidental Take of

Endangered /

Threatened Species

>US Army Corps of Engineers [7] Check here to confirm you sent this form to USACE.

Check ail permits that apply: [7] Section 404 Clean Water Act \V] Section 10 Rivers and Harbors Act

Is the project Federally funded? [j Yes E No

If yes, name of Federal Agency:

General Permit Type(s), if known:

Preconstruction Notification: E Yes □ No

>NYS Office of General Services

Check all permits that apply:

] State Owned Lands Under Water

Check here to confirm you sent this form to NYSOGS.

□ Utility Easement (pipelines, conduits, cables, etc.; Docks, Moorings or Platforms

>NYS Department of State \7j Check here to confirm you sent this form to NYSDOS.

Check if this applies: [7] Coastal Consistency Concurrence

2. Name of Applicant Taxpayer ID (if applicant is NOT an individual)

Village of Lindenhurst, Douglas Madlon

Mailing Address

, Administrator

Post Office / City State Zip

430 South Wellwood Avenue

Telephone (631)957-7500

Lindenhurst NY 11757

Email [email protected]

Applicant Must be (check all that apply): Owner Operator Lessee

3. Name of Property Owner (if different than Applicant)

Village of Lindenhurst, Douglas Madlon, Administrator

Mailing Address Post Office / City

430 South Wellwood AvenueLindenhurst

State Zip

NY 11757

Telephone (631)957-7500 Email [email protected]

For Aaencv Use Only Agency Application Number:

Joint Application Form 08/16 Page 1 of4

Page 2: Received Departmentof Officeof Department Environmental … · 2019-07-10 · Departmentof Environmental Conservation Officeof GeneralServices Department ofState Received MAY 1 5

Joint Application Form - Continued. Submit this completed page as part of your Application.

4. Name of Contact / Agent

Michael De Giglio

Mailing Address Post Office / City State Zip

177 Crossways Park Drive

Telephone 516-224-5206 Email

Woodbury NY 11797

[email protected]

5. Project/ Facility Name Property Tax Map Section / Block / Lot Number:

Shore Road Park Sec 25/Block 2/Lot 2.001

Project Street Address, if applicable

Shore Road

Post Office / City

Lindenhurst

State Zip

NY11757

Provide directions and distances to roads, intersections, bridges and bodies of water

South side of Shore Road Park, between Arctic Court and South Bay Slreel.

["~1 Town FZJ Village □ City

Lindenhurst

County

Suffolk

Stream/Waterbody Name

Great South Bay

Project Location Coordinates: Enter Latitude and Longitude in degrees, minutes, seconds:

Latitude: 40 39 59 Longitude: 73 21 49

6. Project Description: Provide the following information about your project. Continue each response and provide

any additional information on other pages. Attach plans on separate pages.

a. Purpose of the proposed project:

Creation of a living shore line across the south side of the existing park. Key goals include mitigating on-going erosion, habitat

creation, increasing public access to the water front, and increase resiliency for future storm events.

b. Description of current site conditions:

The existing conditions consist of sandy beach area generally inaccessible for the general public. Two stormwater out flows

are located on the east and west sides.

c. Proposed site changes:

Installation of rock sill near low water elevation, living shoreline of spartina, upper rock sill to provide erosion protection during

high-tide events, beach area for passive public usage, and ancillary connection lo existing park drainage.

d. Type of structures and fill materials to be installed, and quantity of materials to be used (e.g., square feet of

coverage, cubic yards of fill material, structures below ordinary/mean high water, etc.):

Approximately 1,000 tons of Rock ranging in size between 2'0 - 4'0.

e. Area of excavation or dredging, volume of material to be removed, location of dredged material placement:

Approximately 20 cubic yards of sand will be removed from the beach in order to create the appropriate elevation of the living

shoreline based upon adjacent existing conditions.

f. Is tree cutting or|cieanng [proposed? Yes If Yes, explain below. □ No

Timing of the proposed cutting or clearing (month/year): | Spring 2020

Number of trees to be cut: Acreage of trees to be cleared:

Joint Application Form 08/16 Page 2 of4

Page 3: Received Departmentof Officeof Department Environmental … · 2019-07-10 · Departmentof Environmental Conservation Officeof GeneralServices Department ofState Received MAY 1 5

Joint Application Form - Continued. Submit this completed page as part of your Application.

Work methods and type of equipment to be used:It is anticipated that all work will be performed from the landward side of the park. Anticipated equipment to be used include an

excavator and bobcat.

h. Describe the planned sequence of activities:

. Mobilization 2. Clearing/removal of existing vegetation 3. Removal of sand/grading 4. Placement of rock sill and walls

5. Installation of drainage structures and gravel 6. Planting restoration.

Pollution control methods and other actions proposed to mitigate environmental impacts:

Properly contained fueling station /storage will be required as well as portable and well maintained sanitary unit for construction

staff.

i. Erosion and silt control methods that will be used to prevent water quality impacts:

Erosion control practices around the perimeter of the project area to mitigate mitigation of soil particles.

k. Alternatives considered to avoid regulated areas. If no feasible alternatives exist, explain how the project will

minimize impacts: —

Refer to attached narrative.

I. Proposed use: ] Private \7] Public □ Commercial

m. Proposed Start Date: I April 2020 | Estimated Completion Date: I July 2020

n. Has work begun on project? ^ Yes If Yes, explain below, E No

project occupy Federal. State, or Municipal Land? B Yes If Yes, explain below. I—! NoA portion of th project area is currently owned by New York State however, the Village of Lindenhurst is actively in the process

of taking ownership. Transfer of ownership is expected later this year.

p. List any previous DEC. USACE, OGS or DOS Permit / Application numbers for activities at this location:

Not applicable

q. Will this project require additional Federal, State, or Local authorizations, including zoning changes?

DYes If Yes, list below. E No

Joint Application Form 08/16 Pa8e 3 of 4

Page 4: Received Departmentof Officeof Department Environmental … · 2019-07-10 · Departmentof Environmental Conservation Officeof GeneralServices Department ofState Received MAY 1 5

Joint Application Form - Continued. Submit this completed page as part of your Application.

7. Signatures.

Applicant and Owner (If different) must sign the application.

Append additional pages of this Signature section if there are multiple Applicants, Owners or Contact/Agents.

I hereby affirm that information provided on this form and all attachments submitted herewith is true to the best ofmy knowledge and belief.

Permission to Inspect -1 hereby consent to Agency inspection of the project site and adjacent property areas.Agency staff may enter the property without notice between 7:00 am and 7:00 pm, Monday - Friday. Inspectionmay occur without the owner, applicant or agent present. If the property is posted with "keep out" signs or fenced

with an unlocked gate, Agency staff may still enter the property. Aigency staff may take measurements, analyzesite physical characteristics, take soil and vegetation samples, sketch and photograph the site. I understand thatfailure to give this consent may result in denial of the permit(s) sought by this application.

False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the NYS

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 pioject described herein and agrees to indemnity and save harmlessthe State from suils, actions, damages and costs of every name and description resulting from said project. Inaddition, Federal Law, 18 U.S.C., Section 1001 provides for a fine of not more than $10,000 or imprisonment fornot more than 5 years, or both where an applicant knowingly and willingly falsifies, conceals, or covers up amaterial fact; or knowingly makes or uses a false, fictitious or fraudulent statement.

Signature of Applicant Date

Applicant MJst be {check all that apply): [7] Owner Q Operator | J Lessee

Printed Name _____ Title

Douglas Madlon, Village of Lindenhurst Administrator Clerk

Signature of Owner (if different than Applicant) Date

Same of Applicant

Printed Name Title

Signature otQontact / Agent Date

Printed NameC?'

Title

Michael De Giglio Associate

For Aaencv Use Only DETERMINATION OF NO PERMIT REQUIRED

Agency Application Number

(Agency Name) has determined that No Permit is

required from this Agency for the project described in this application.

Agency Representative:

Printed X TitleName | __

Signature f I Date

Joint Application Form 08/16 Page 4 of4

Page 5: Received Departmentof Officeof Department Environmental … · 2019-07-10 · Departmentof Environmental Conservation Officeof GeneralServices Department ofState Received MAY 1 5

NEW YORK STATE DEPARTMENT OF STATE

COASTAL MANAGEMENT PROGRAM

Federal Consistency Assessment Form

An applicant, seeking a permit, license, waiver, certification or similar type of approval from a federal agency which is

subject to theNew YorkState Coastal ManagementProgram(CMP), shallcomplete this assessment form for anyproposed

activity that will occur within and/or directly affect the State's Coastal Area. This form is intended to assist an applicant

in certifying that the proposed activity is consistent with New York State's CMP as required by U.S. Department of

Commerce regulations (15 CFR 930.57). It should be completed at the time when the federal application is prepared. The

Department of State will use the completed form and accompanying information in its review of the applicant's

certification of consistency.

A. APPLICANT (please print)

Village of Lindenhurst, Douglas Madlon, Administrator Clerk1. Name:

430 South Wellwood Avenue, Lindenhurst, NY 117572. Address:

3. Telephone: Area Code (6^j) 957-7500

B. PROPOSED ACTIVITY

1. Brief description of activity;

Installation of rock sill near low water elevation, living shoreline of spartina, upper rock sill to

provide erosion protection during high-tide events, beach area for passive public usage, and

ancillary connection to existing parK drainage.

2. Purpose of activity:

Creation of a living shore line across the south side of the existing park. Key goals include

mitigating on-going erosion, habitat creation, increasing public access to the water front, and

increase resiliency for future storm events. ^_^__^^_

3. Location of activity:

Suffolk Lindenhurst Shore Road Park

County City, Town, or Village Street or Site Description

NYSDEC, USACE, NYSDOS4. Type of federal permit/license required:,

5. Federal application number, if known:_

6. If a state permit/license was issued or is required for the proposed activity, identify the state agency and provide the

application or permit number, if known:

A NYSDEC Permit is required and is being applied for simultaneously to this permit.

Page 6: Received Departmentof Officeof Department Environmental … · 2019-07-10 · Departmentof Environmental Conservation Officeof GeneralServices Department ofState Received MAY 1 5

C. COASTAL ASSESSMENT Check either "YES" or "NO" for each of these questions. The numbers following each

question refer to the policies described in the CMP document (see footnote on page 2) which may be affected by the

proposed activity.

1. Will the proposed activity result in any of the following:

a. Large physical change to a site within the coastal area which will require the preparation

of an environmental impact statement? (11, 22,25, 32,37, 38,41, 43)

b. Physical alteration of more than two acres of land along the shoreline, land

under water or coastal waters? (2, 11, 12, 20, 28, 35,44)

c. Revitalization/redevelopment of a deteriorated or underutilized waterfront site? (1)

d. Reduction of existing or potential public access to or along coastal waters? (19, 20)

e. Adverse effect upon the commercial or recreational use of coastal fish resources? (9,10)...

f. Siting of a facility essential to the exploration, development and production of energy resources

in coastal waters or on the Outer Continental Shelf? (29)

g. Siting of a facility essential to the generation or transmission of energy? (27)

h. Mining, excavation, or dredging activities, or the placement of dredged or fill material in

coastal waters? (15,35)

i. Discharge of toxics, hazardous substances or other pollutants into coastal waters? (8, 15, 35)

j. Draining of stonnwater runoff or sewer overflows into coastal waters? (33)

k. Transport, storage, treatment, or disposal of solid wastes or hazardous materials? (36, 39).

1. Adverse effect upon land or water uses within the State's small harbors? (4)

YES/NO

□ El

□ El

D

Q

QQQ

Q

nn

n

2. Will the proposed activity affect or be located in, on, or adjacent to any of the following;

a. State designated freshwater or tidal wetland? (44)

b. Federally designated flood and/or state designated erosion hazard area? (11,12, 17,)

c. State designated significant fish and/or wildlife habitat? (7)

d. State designated significant scenic resource or area? (24)

e. State designated important agricultural lands? (26)

f. Beach, dune or barrier island? (12)

g. Major ports of Albany, Buffalo, Ogdensburg, Oswego or New York? (3)

h. State, county, or local park? (19, 20)

i. Historic resource listed on the National or State Register of Historic Places? (23)...

YES/NO

El DE[ n

Q

Q 4*1

El- -O

3. Will the proposed activity require any of the following:

a. Waterfront site? (2,21, 22)

b. Provision ofnew public services or infrastructure in undeveloped or sparsely populated

seclious uf Ihe coastal area? (5)

c. Construction or reconstruction of a flood or erosion control structure? (13,14, 16)

d. State water quality permit or certification? (30, 38, 40)

e. State air quality permit or certification? (41,43)

YES/NO

□ ElET "D

CT "ElU 10

4. Will the proposed activity occur within and/or affect an area covered by a State approved local

waterfront revitalization program? (see policies in local program document)

Page 7: Received Departmentof Officeof Department Environmental … · 2019-07-10 · Departmentof Environmental Conservation Officeof GeneralServices Department ofState Received MAY 1 5

P. ADDITIONAL STEPS

1. If all of the questions in Section C are answered "NO", then the applicant or agency shall complete Section

E and submit the documentation required by Section F.

2 Ifany of the questions in Section C are answered "YES", then the applicant or agent is advised to consult the CMP, orwhere appropriate, the local waterfront revitalization program document*. Theproposed activity must be analyzed in more

detail with respect to the applicable state or local coastal policies. On a separate page(s), the applicant or agent shall: (a)identify by their policy numbers, which coastal policies are affected by the activity, (b) briefly assess the effects of theactivity upon &e policy; and, (c) state how the activity is consistent with each policy. Following the completion of thiswritten assessment, the applicant or agency shall complete Section E and submit the documentation required by Section

F.

E. CERTIFICATION

The applicant or agent must certify that the proposed activity is consistent with the State's CMP or the approved localwaterfront revitalization program, as appropriate. If this certification cannot be made, the proposed activity shall not be

undertaken. If this certification can be made, complete this Section.

"The proposed activity complies with New York State's approved Coastal Management Program, or with the applicableapproved local waterfront revitalization program, and will be conducted in a manner consistent with such program."

Village of Lindenhurst, Douglas Madlon, Administrator ClerkApplicant/Agent's Name;__ , _ ■

430 South Wellwood Avenue, Lindenhurst, NY 11757Address: . — ■

Telephone: Area Code (631 )957-7500

Applicant

F. SUBMISSION REQUIREMENTS

1 The applicant or agent shall submit the following documents to the New York State Department of State, Officeof Coastal, Local Government and Community Sustainabtlity, Attn: Consistency Review Unit, 1 Commerce

Plaza, 99 Washington Avenue - Suite 1010, Albany, New York 12231.

a. Copy of original signed form.

b. Copy of the completed federal agency application.

c. Other available information which would support the certification of consistency.

2. The applicant or agent shall also submit a copy of this completed form along with his/her application to the federal

agency.

3, If there are any questions regarding the submission of this form, contact the Department of State at

(518) 474-6000.

•These state and local documents are available for inspection at the offices of many federal agencies, Department of environmentalConservation and Department of State regional offices, and the appropriate regional and county planning agencies. Local program

documents are also available for inspection at the offices of the appropriate local government.

Page 8: Received Departmentof Officeof Department Environmental … · 2019-07-10 · Departmentof Environmental Conservation Officeof GeneralServices Department ofState Received MAY 1 5

Joint Applicationfor Permit Shore Road Park

Village ofLindenhurst April 2tyQ

MW ! 5FEDERAL CONSISTENCY ASSESSMENT FORM - ADDENDUM °

Project Description:

Creation of a living shoreline across the south side of the existing Shore Road Park. Key goals

include mitigating on-going erosion, habitat creation, increasing public access to the waterfront,

and increase resiliency for future storm events.

The project involves installation of a rock sill near the low-tide elevation, living shoreline of

Spartina, upper rock sill to provide erosion protection during high-tide events, beach area for

passive public usage, and ancillary connection to the existing drainage system.

As per the Federal Consistency Assessment, the following policies must be addressed:

#1, #2, #4, #7, #9, #13, #14, #16, #17, #18, #19, #20, #21, #22, #25, #35, and #44

Policy #7; Restore, revitalize, and redevelop deteriorated and underutilized waterfront areasfor

commercial, industrial, cultural, recreational, and other compatible uses.

The project would improve an underutilized portion ofthe Village owned waterfront park. The

proposed action will increase the uses which the parkprovides to the community.

Policy #2; Facilitate the siting ofwater-dependent uses andfacilities on or adjacent to coastal

waters.

A living shoreline must be located directly adjacent to a coastal waterway. The beach access is

also integrally connected to a coastal location.

Policy #4: Strengthen the economic base of smaller harbor areas by encouraging the

development and enhancement ofthose traditional uses and activities which have provided such

areas with their unique maritime identity.

The project with its enhanced access to the water is consistent with the adjacent park usage. The

living shoreline components serve to provide resiliency and erosion protection to protect the park

more active recreation features and shoreline from further decline. The action will not detract

from views, but will instead provide improved access ofviews looking south.

Page 9: Received Departmentof Officeof Department Environmental … · 2019-07-10 · Departmentof Environmental Conservation Officeof GeneralServices Department ofState Received MAY 1 5

Joint Applicationfor Permit Shore Road Park

Village ofLindenhwst ___ April 2019

Policy #7; Significant coastalfish and wildlife habitats will be protected, preserved and where

practical, restored do as to maintain their viability as habitats.

The south shoreline of Shore Road Park has eroded considerably, partly due to the hardening of

adjacent properties on either side. The park experienced considerably more erosion during

Superstorm Sandy, and without any restoration efforts additional land is expected to erode.

Although the project includes filling and excavation activities, they are both in support of the

creation of a living shoreline to ensure the proper elevation of Spartina is established, and that it

is protected by the lower rock sill. The establishment of a living shoreline will provide an

opportunity for habitat creation where none exist today within the intertidal zone.

Policy #P; Expand recreational use offish and wildlife resources in coastal areas by increasing

access to existing resources, supplementing existing stocks, and developing new resources.

The project will support non-consumptive uses such as wildlife photography, bird watching, and

nature study, by way of encouraging and increasing access to the waterfront for passive

recreation.

Policy #73: The construction or reconstruction of erosion protection structures shall be

undertaken only if they have a reasonable probability of controlling erosion for at least thirty

years as demonstrated in design and construction standards and/or assured maintenance or

replacementprograms.

At its core, the projects fundamental component is a living shoreline to mitigate on-going

eroding of the shoreline. Upon the preparation of our preliminary documents and technical

design report, it was determined that a rock sill or similar structure would greatly increase the

viability and longevity of the planted mitigation effort. The plants themselves will provide

stability in the form of erosion control; however marine environments are notoriously hostile.

Therefore, the per design guidelines and with the input of the New York Department of

Conservation, the living shoreline is reinforced with a rock sill designed to dissipate wave energy

thereby increasing the longevity of the living shoreline.

Policy #14: Activities and development, including the construction or reconstruction oferosion

protection structures, shall be undertaken so that there will be no measurable increase in

erosion orflooding at the sire ofsuch activities or development, or at other locations.

The living shoreline project with its supplementing rock sill is a form of erosion control,

however due to the porosity of the rock sill and the breaks in between each length (no more than

100'), will not form an impenetrable barrier. There are existing drainage structures within the

project area, however the proposed improvements will permit the flow of stormwater discharges.

Page 10: Received Departmentof Officeof Department Environmental … · 2019-07-10 · Departmentof Environmental Conservation Officeof GeneralServices Department ofState Received MAY 1 5

Joint Applicationfor Permit Shore Road} p°*Village ofLindenhurst April 2019

The use of proposed check-valves will reduce the frequency of daily tide surge back through the

existing drainage system which the park currently experiences.

Policy #7(5: Publicfunds shall only be usedfor erosion protective structures where necessary to

protect human life, and new development which requires a location within or adjacent to an

erosion hazard area to be able to function, or existing development; and only where the public

benefits outweigh the long term monetary and other costs including the potential for increasing

erosion and adverse effects on naturalprotectivefeatures.

Public funds will be utilized for the design and construction of the proposed improvements;

however, the project serves only to benefit the publicly owned park. As noted in other policy

responses, portions of the park have already been lost to coastal erosion, thereby decreasing the

value of the park to the public. Rather than attempt to reclaim land already lost, the project seeks

to mitigate further erosion though the installation of the living shoreline and associated rock sill.

Policy #77: Non-structural measures to minimize damage to natural resources and property

fromflooding and erosion shall be used whenever possible.

The core project consists of a living shoreline. Traditional structures such as bulkheads etc. were

not earnestly considered due to the natural inherent conflict with the intended goals of the

project. The proposal however does contain a rock sill component, but only in the capacity to

provide energy dissipation based upon the guidelines followed. Furthermore, s expressed in other

segments of this document, the rock sill is not continuous, thereby avoiding the impoundment of

stormwater.

Policy #18: To safeguard the vital economic, social and environmental interests ofthe State and

of its citizens, proposed major actions in the coastal area must give full consideration to those

interests, and to the safeguards which the State has established to protect valuable coastal

resource areas.

By stabilizing an eroding shoreline utilizing a technique which will address habitat creation,

water quality, access to the waterfront and erosion, the goals of the policy are achieved.

Although a portion of the rock sill is proposed below the established low water line, its

placement is integral to the function it will serve to dissipate wave energy while not impounding

water.

Policy #7P: Protect, maintain, and increase the level and types ofaccess to public water related

recreation resources andfacilities.

Second only to the living shoreline component is the creation of a defined beach access area. The

proposed improvements will not hinder the possible expansion of accessibility in the future

Page 11: Received Departmentof Officeof Department Environmental … · 2019-07-10 · Departmentof Environmental Conservation Officeof GeneralServices Department ofState Received MAY 1 5

Joint Applicationfor Permit shore Road Park

Village ofLindenhursl Apr\\ 2019

should the Village of Lindenhurst seek to convert the adjacent field into an overlook or other

possible features. Access to the beach area will be primarily internal in an effort to utilize the

existing surface parking and other infrastructure already within the park.

Policy #20: Access to the publicly-owner foreshore and to lands immediately adjacent to the

foreshore or the water's edge that are publicly-owned shall be provided and it shall be provided

in a manner compatible with adjoining uses.

The park is currently accessible to the public, however access to the waterfront is somewhat

limited due to the undeveloped and eroded nature of the actual shoreline. Second only to the

living shoreline component is the creation of a defined beach area. The beach area will provide a

accessibility intended for passive recreation uses directly adjacent to the Great South Bay.

Existing infrastructure will be utilized at the north end of the park, such as parking, to minimize

unnecessary duplication and intensification of pavement surfaces. The project as proposed will

increase the publics ability to access and enjoy passive recreational opportunities at the existing

park.

Policy #21: Water dependent and water enhanced recreation will be encourage andfacilitated

and will be givenpriority over non-water-related uses along the coast.

The project itself is dependent on direct adjacency to the water and is appropriately sited as such.

The living shoreline requires a particular elevation and intertidal proximity. The publicly

accessible beach component similarly requires a direct connection to the water and is therefore

located in a manner which provides access to the views and water of the Great south Bay.

Policy if22: Development when located adjacent to the shore will provide for water-related

recreation whenever such use is compatible with reasonably anticipated demand for such

activities and is compatible with the primarypurpose ofthe development.

The proposed improvements are water related in the context that it will provide a living shoreline

and improve the publics access to the waterfront. The proposed improvements are consistent

with the existing uses as a park (passive and active recreational opportunities) and adjoining

residential uses. It is anticipated that the passive recreational opportunities created as part of the

subject application are well in keeping with the park's usage and will create far less impacts

associated with noise etc. compared to the existing active recreation utilized.

Page 12: Received Departmentof Officeof Department Environmental … · 2019-07-10 · Departmentof Environmental Conservation Officeof GeneralServices Department ofState Received MAY 1 5

Joint Application for Permit Shore Road Park

Village ofLindenhurst April 2019

Policy #25: Protect, restore or enhance natural and man-made resources which are not

identified as being ofstatewide significance, but which contribute to the overall scenic quality of

the coastal area.

The project serves to protect, restore, and enhance the natural shoreline of the park. With that,

the proposed expansion of the intertidal zone and associated landscape improvements will

improve views looking north from boaters. The project is far to distant to be viewed from Cedar

Beach Park across the Great South Bay, however visitors and residences adjoining the park will

benefit from the visual character improvements.

Policy #55: Dredging and filling in coastal waters and disposal of dredged material will be

undertaken in a manner that meets existing State dredging permit requirements, and protects

significant fish and wildlife habitats, scenic resources, natural protective features, important

agricultural lands, and wetlands.

The rock sill component of the project is the only feature which is considered fill material. The

horizontal and vertical location of the rock sill is set precisely based upon providing protection of

the living shoreline component. Although the living shoreline is a suitable and warranted means

of mitigating continued erosion, the plantings themselves can be vulnerable to wave energy

during various levels of storm events. It is therefore consistent with published guidelines to

supplement living shorelines with a rock sill. However as noted above, the precise location of the

rock sill requires placement within the waterway in order to provide the effectiveness warranted.

It should be noted that the area where the lower rock sill will be placed contains fragments of

concrete and asphalt, both of which will be removed as part of the proposed improvements. The

rock sill will be composed of actual stone, providing a natural material consistent with published

guidelines and policies.

Policy 444: Preserve and protect tidal and freshwater wetlands and preserve the benefits

derivedfrom these areas.

The projects core focus is to protect an eroding shoreline utilizing the techniques associated with

living shorelines. The vegetation and soil located along the parks southern edge has been eroded

and has therefore associated habitat has been lost. The proposed project seeks to preserve,

protect, and restore the sensitive wetlands though the creation of a living shoreline, protective

rock sill, and plantings landward of the mean high tide. Anticipated benefits of the improvements

include improved water quality, habitat creation, erosion control, aesthetic improvements, and

improved passive recreation accessibility.

k:\c2850-2899\ce2864 - shore road park\nysdec-usace-nysdos applications^ fcaf narrative - shore road.doc

Page 13: Received Departmentof Officeof Department Environmental … · 2019-07-10 · Departmentof Environmental Conservation Officeof GeneralServices Department ofState Received MAY 1 5

New York State

Department of Environmental Conservation

PERMISSION TO INSPECT PROPERTY

By signing this permission form for submission with an application for a permit(s) to the

Department ofEnvironmental Conservation ("DEC"), the signer consents to inspection by DEC staff of the

project site or facility for which a permit is sought and, to the extent necessary, areas adjacent to the project

site or facility. This consent allows DEC staff to enter upon and pass through such property in order to

inspect the project site or facility, without prior notice, between the hours of 7:00 a.m. and 7:00 p.m.,

Monday through Friday. If DEC staff should wish to conduct an inspection at any other times, DEC staff

will so notify the applicant and will obtain a separate consent for such an inspection.

Inspections may take place as part of the application review prior to a decision to grant or deny the

permit(s) sought. By signing this consent form, the signer agrees that this consent remains in effect as long

as the application is pending, and is effective regardless of whether the signer, applicant or an agent is

present at the time of the inspection. In the event that the project site or facility is posted with any form of

"posted" or "keep out" notices, or fenced in with an unlocked gate, this permission authorizes DEC staff to

disregard such notices or unlocked gates at the time of inspection.

The signer further agrees that during an inspection, DEC staff may, among other things, take

measurements, may analyze physical characteristics of the site including, but not limited to, soils and

vegetation (taking samples for analysis), and may make drawings and take photographs.

Failure to grant consent for an inspection is grounds for, and may result in, denial of the permit(s)

sought by the application.

Permission is granted for inspection ofproperty located at the following address(es):

Shore Road Park. Shore Road, Lindenhurst. NY 11757

By signing thisform, I affirm underpenalty ofperjury that I am authorized to give consent to entry

by DEC staffas described above. I understand thatfalse statements made herein arepunishable as a Class

A misdemeanorpursuant to Section 210.45 ofthe Penal Law*

Douglas Madlon

VillageofLmdeiihurstAdniinistratorClerk

Print Name and Title Signature Date

*The signer of this form must be an individual or authorized representative of a legal entity that:

• owns fee title and is in possession of the property identified above;

• maintains possessory interest in the property through a lease, rental agreement or other legally binding agreement; or

• is provided permission to act on behalfof an individual or legal entity possessing fee title or other possessory interest in the

property for the purpose of consenting to inspection of such property.

Permission to Inspect Property Application Supplement 12/08

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NEWYORKSTATE OFOPPORTUNITY.

Department ofEnvironmental

Conservation

STRUCTURAL ARCHAEOLOGICAL

ASSESSMENT FORM (SAAF)

Supplement to the Joint Application Form

PART 1 - APPLICANT COMPLETES

APPLICANT INFORMATION

1. Applicant Name: Village of Lindenhurst

Douglas Madlon, Village Administrator/Clerk

Sft:d430 Wellwood Avenue, Lindenhurst, NY 117Tel: (631)957-7500

61QZ PROJECT INFORMATION

3. Project/Facility Name: Shore Road Park

4. Project/Facility Location: Lindenhurst, NY 11757

ID

O ■it< ..

ff> I-

o

I'..;.ID

eA.,,

5. Is the proposed project adjacent to, or does it contain a building or structure listed in the State or National

Register of Historic Places? ] Yes HNo

6. Are there any buildings or structures 50 years old or older adjacent to or within the proposed project area?

]Yes |T|no

If the answer to question 5 and /or 6 is yes, provide the following information for each building and structure

(use attachments if necessary):

a. Name of structure:

b. Location:

c. Type of structure (ex. house, outbuilding, barn, bridge, dam, ruins):

d. Approximate age or date of construction:

7. Might the proposed project have any impact (physical/visual) upon any buildings or structures listed in the

State or National Register of Historic Places or 50 years old or older? J Yes |i|No

If yes, describe briefly (use attachments if necessary):

APPLICANT SECTION CONTINUES ON REVERSE SIDE

(rev. 3/16)

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5AAF

8. Provide photographs of every building and structure that may be impacted by the project as described in

number 7, on the opposite side of this page. The following standards are recommended:

• Minimum of 2 photographs

• Photographs must be 3.5" x 5" in size or larger

• Photos must be clear and focused

• Digital photographs must be printed on photo paper and be produced at a printer setting of a

minimum of 600 dpi

• Clearly label photos so it is obvious what is being illustrated; key photos to map or plan, if possible

• Photo 1: show both the entire front and side of the structure in a single shot from as close to the

building as possible. Be sure the structure is not partially or fully blocked by trees or other

obstructions

• Photo 2: show relationship of building or structure to roadway or surroundings

9. Has the land within the proposed project area been previously disturbed or alteredtexcavated, landscaped,

filled, utilities installed)? HYes lNo

If yes, describe briefly, including depth of disturbance (use attachments if necessary):

Two drainage pipe outfalls are currently located within the project boundary as well as an active soccer field. Additionally, single

family homes were recently demolished by New York State.

10. Approximate percentage of proposed project area with slopes:

• 0-10% _100 %

• 10-15% %

• 15% or greater %

11. Approximate percentage of proposed project site with the following drainage characteristics:

100

• Well drained %

• Moderately well drained %

• Poorly drained %

Prepared By (Print or type name):,,. . Iry _. „ . . , - _ . „.'r Michael DeGiglio, Associate, Cameron Engineering & Associates, LLP

Signature: ^ Date:

4/k/f

RESET PART 1

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SAAF

PART 2 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION

(DEC) COMPLETES

APPLICANT/PROJECT INFORMATION

l.Applicant Name:

2. Project/Facility Name:

3. DEC Number:

BUILDINGS AND STRUCTURES

4. Might the proposed project have any impact (physical/visual) upon any buildings orjstructures listed in the

State or National Register of Historic Places or 50 years old or older? [_J Yes |_J No

If yes, DEC must consult with the Office of Parks, Recreation and Historic Preservation (OPRHP). DEC must

request a determination of eligibility for the State Register of Historic Places and/or comments regarding

project impact. Include information supplied by the applicant in response to questions 5, 6, 7 and 8 of Part 1

of this form.

ARCHAEOLOGICAL SITES

5. Does the proposed project area coincide with a circle, square or stippled area on OPRHP's Statewide

Archaeological Inventory Map? |_|Yes I 1 N°

6. Is the proposed project area outside of a circle or square, but one for which information has been provided

(ex- documented reports of known sites) that suggests the area is archaeologically sensitive?^Yes ]No

If yes, what is the nature and source of information?

7. Is the proposed project area apparently undisturbed? | |Yes | |No

8. Will the proposed action include a physical disturbance of the project area? ] Yes LJNo

9 Is the slope in the area characteristically less than 15% (unless on limestone/flint escarpments)?

HYesDEC SECTION CONTINUES ON REVERSE SIDE

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SAAF

10. Is the proposed project area characteristically moderately well or well drained? | ]]Yes ~]no

If the answers to 5, 7-10 are yes, an archeological survey should be performed by the applicant. Provide the

applicant with a copy of or the link to the State Historic Preservation Office Phase 1 Archaeological ReportFormat Requirements (08/05).

If the answer to 5 is no, but answers to 6-10 are yes, DEC must consult with OPRHP before requiring that theapplicant perform an archaeological survey.

SHPA-1

SHPA-2

Prepared by:

RESULTS OF EVALUATION

No buildings, structures or archaeological sites identified at the project location.

Buildings, structures or archaeological sites identified, but no impacts will occur, no

survey required. No further cultural resources review required.

Consultation by DEC with OPRHP required.

Archaeological survey required.

Structures

Archaeology

Date:

RESET PART 2

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Received

Joint Applicationfor Permit ^/\Y 1& .019 Shore RoadVillage ofLindenhnrst NYSPOS April 2019

Planning & Development

ENVIRONMENTAL QUESTIONNAIRE

This is intended to supplement ENG Form 4345, Application for Department of the

Army Permit, or the Joint Application for Permit used in the State ofNew York.

Please provide complete answers to all questions below which are relevant to

your project Any answers may be continued on separate sheet(s) ofpaper to be

attached to this form.

PRIVACYACT STATEMENT

The purpose of this form is to provide the Corps of Engineers with basic

information regarding yourproject. This information will be used to facilitate

evaluation ofyourpermit application and for public dissemination as required by

regulation. Failure to provide complete information may result in your application

being declared incomplete for processing, thereby delaying processing ofyour

application.

GENERAL-APPLICABLE TO ALL PROJECTS

1. Explain the need for, and purpose of, the proposed work.

Creation of a living shore line across the south side of the existing park. Key goals

include mitigating on-going erosion, habitat creation, increasing public access to the

water front, and increase resiliency for future storm events.

2. Provide the names and addresses ofproperty owners adjacent to your work

site (if not shown on the application form or project drawings).

The project is located along the southern end of the park adjacent to the Great South

Bay.

3. Photographs of the project site should be submitted. For projects in tidal areas,

photographs of the waterway vicinity should be taken at low tide. Using a

separate copy ofyour plan view, indicate the location and direction of each

photograph as well as the date and time at which the photograph was taken.

Provide a sufficient number ofphotographs so as to provide a clear

understanding of conditions on and proximate to your project site.

See attached photo log and key.

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Joint Applicationfor Permit Shore Road

Village ofLindenhurst April 2019

4. Provide a copy of any environmental impact statement or any other

environmental report which was prepared for your project.

The Governor's Office of Stormwater Recovery (GOSR) is coordinating the

Environmental Assessment.

5. Provide a thorough discussion of alternatives to your proposal. This

discussion should include, but not necessarily be limited to, the "no action"

alternative and alternative(s) resulting in less disturbance to waters of the United

States. For filling projects in waters of the United States, including wetlands, your

alternatives discussion should demonstrate that there are no practicable

alternatives to your proposed filling and that your project meets with current

mitigation policy (i.e. avoidance, minimization and compensation).

Alternative 1: Do Nothing

If no action is taken to mitigate the on-going erosion, the shoreline will remain littered

with existing fragments of concrete, soil particles will continue to erode into the

waterway, compromising water quality and reducing the recreational value of the

southern field at the park.

No action would provide various pros & cons, such as:

Pros include -

• No upfront costs related to construction

• No construction impacts (noise, truck traffic, disruption in tidal wetlands)

• Preserve the project area for future opportunities of potentially larger scale or

alternate waterfront improvements

Cons include -

• Utilized recreational fields will be eroded and lost

• The general benefits of the living shoreline would not be realized (habitat

creation, resiliency, water quality improvement, erosion control, etc.

• Waterfront access to the public in the form a defined beach area would be

denied to the general public

Alternative 2: Living Shoreline without Rock Sill

The design team originally considered the option of installing the living shoreline without

any stone rock sill protection. Our office conducted interviews with Village officials

regarding their experience and observations during periodic storm events as well as

performing wave height calculations at various wind speeds generated during storm

events.

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Joint Applicationfor Permit Shore Road

Village ofLindenhurst April 2019

Not installing the rock sill would provide various pros & cons, such as:

Pros include -

• Save considerable construction costs

• Reduce the schedule of construction (approximately 1-2 months)

• Reduce impact of construction (noise, truck traffic, disruption in tidal

wetlands)

Cons include -

• Newly planted vegetation is vulnerable to existing currents and wave action

• Shoreline landward of the living shoreline will continue to erode, albeit at a

slightly slower rate from wave action and existing movement of water,

particularly considering the number of adjacent properties already hardened

with bulkheads. It should be noted that the currents generally quicken more

along properties with bulkheads due to the limited friction/smooth texture,

thereby accelerating erosion along non bulkheaded or hardened properties.

• The Village would have to allocate budget for future maintenance including

replanting on account of continued erosion

Alternative 3: Living Shoreline with Stone Breakwater in Open Water

This alternate option was considered where the living shoreline would be protected by a

single larger stone breakwater placed in open water. The option was considered

partially because of the simplicity of installing a single structure and partially since the

structure would dissipate wave action further away from the vegetated shoreline.

Installing a single larger breakwater in open water would provide various pros & cons,

such as:

Pros include -

• The structure would dissipate wave action further away from the vegetated

shoreline, thereby reducing energy closer to shore

• A single structure would require less maintenance

• With the structure further away from shore, it would allow a more natural

interaction of water to the planted vegetation

Cons include -

• Increase the construction budget, as this would require barge mounted

equipment and transfer of materials

• The viability of permitting would have a greater degree of uncertainty, and

likely take longer to pursue, as it would affect navigability of recreational

boats and personal watercraft

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Joint Applicationfor Permit Shore Road

Village ofLindenhurst _____ April 2019

• A single breakwater may still leave the shoreline vulnerable to erosion during

higher wave action events as compared to the option recommended which

provides a second tier at a higher elevation.

Alternate 4: Living Shoreline with a Lower Rock Sill Located Between MHW& MLWand

a second located upland ofMHW

Based upon our comprehensive evaluation of the existing conditions and

considerations, Alternate 4 studied the addition of rock sills directly adjacent to the

shoreline. The approach relies on two (2) rock sills placed nearby the low and high tide

lines to provide protection during wave action at either tide cycle. A key consideration to

this alternate would be provisions or breaks within the lower rock sill to facilitate water

and sand movements throughout the tide cycles to avoid impoundment of water.

Installing two rock sills along the shore would provide various pros & cons, such as:

Pros include -

• Dissipate wave energy during both low & high tide cycles

• Provide resiliency from waves generated during storm events encountered at

a higher elevation

• Boulders will slow water movement as opposed to smooth bulkhead

hardening

Cons include -

• Additional cost relative to alternates 1 & 2

• Longer construction duration as a result of boulder placement

• Structure may limit physical access to the water

DREDGING PROJECTS

NOT APPLICABLE

Answer the following if your project involves dredging.

1. Indicate the estimated volume of material to be dredged and the depth (below

mean low water) to which dredging would occur. Would there be overdepth

dredging?

2. You can apply fora ten-year permit for maintenance dredging. If you wish to

apply for a ten-year permit, please provide the number of additional dredging

events during the ten-year life of the permit and the amount ofmaterial to be

removed during future events.

3. Indicate on your drawings the dewatering area (if applicable) and disposal site

for the dredged material (except landfill sites). Submit a sufficient number of

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Joint Applicationfor Permit Shore Road

Village ofLindenhurst April 2019

photographs of the dewatering and disposal sites as applicable so as to provide a

clear indication of existing conditions. For ten-year maintenance dredging

permits, indicate the dewatering/disposal sites for future dredging events, if

known.

4. Describe the method of dredging (i.e. clamshell, dragline, etc.) and the

expected duration of dredging.

5. Indicate the physical nature of the material to be dredged (i.e. sandt silt, clay,

etc.) and provide estimated percentages of the various constituents if available.

For beach nourishment projects, grain size analysis data is required.

6. Describe the method of dredged material containment (i.e. hay bales,

embankment, bulkhead, etc.) and whether return flow from the

dewatering/disposal site would reenter any waterway. Also indicate if there would

be any barge overflow.

MOORING FACILITIES

NOT APPLICABLE

Answer the following if your project includes the construction or rehabilitation of

recreational mooring facilities.

1. It is generally recommended that any fixed piers and walk ramps be limited to

four feet in width, and that floats be limited to eight feet in width and rest at least

two feet above the waterway bottom at mean low water. Terminal floats at private,

noncommercial facilities should be limited to 20 feet in length. If you do not

believe your proposal can meet with these recommendations, please provide the

reason(s).

2. Using yourplan view, show to scale the location(s), positions) and size(s)

(including length, beam and draft) of vessel(s) to be moored at the proposed

facility, including those of transient vessel(s) if known.

3. For commercial mooring sites such as marinas, indicate the capacity of the

facility and indicate on the plan view the location(s) of any proposed fueling

and/or sewage pumpout facilities. Ifpumpout facilities are not planned, please

discuss the rationale below and indicate the distance to the nearest available

pumpout station.

4. Indicate on your plan view the distance to adjacent marine structures, if any are

proximate and show the locations and dimensions ofsuch structures.

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Joint Applicationfor Permit Shore Road

Village ofLindenhurst April 2019

5. Discuss the need for wave protection at the proposed facility. Piease be

advised that if a permit is issued, you would be required to recognize that the

mooring facility may be subject to wave action from wakes ofpassing vessels,

whose operations would not be required to be modified, issuance of a permit

would not relieve you of ensuring the integrity of the authorized structure(s) and

the United States would not be held responsible for damages to the structure(s)

and vessel(s) moored thereto from wakes from passing vessels.

BULKHEADING/BANK STABILIZATION/FILLING ACTIVITIES

Answer the following if your project includes construction of bulkheading (also

retaining walls and seawalls) with backfill, filling of waters/wetlands, or any other

bank stabilization fills such as riprap, revetments, gabions, etc.

1. Indicate the total volume of fill (including backfill behind a structure such as a

bulkhead) as well as the volume of fill to be placed into waters of the United

States. The amount of fill in waters of the United States can be determined by

calculating the amount of fill to be placed below the plane ofspring high tide in

tidal areas and below ordinary high water in non-tidal areas.

Approximately 75 cubic yards of stone to construct the lower rock sill.

2. Indicate the source(s) and type(s) of fill material.

Final sourcing of the rock is subject to contractor's determination; however, it is

expected to be sources from Upstate New York or Eastern Pennsylvania.

Type of rock shall consist of natural stone, boulders ranging in size between 2'0 and 4'0.

3. Indicate the method of fill placement (i.e. by hand, bulldozer, crane, etc.).

Would any temporary fills be required in waterways or wetlands to provide

access for construction equipment? If so, please indicate the area ofsuch waters

and/or wetlands to be filled and show on the plan and sectional views. The

foregoing requests basic information on the most common types of projects

requiring Department of the Army permits. It is intended to obviate or reduce the

need for requesting additional information; however, additional information may

be requested above and beyond what is requested in this form. Please feel free

to add any additional information regarding yourproject which you believe may

facilitate our review.

It is anticipated that all work can and will be accomplished landward. Anticipated

machinery includes an excavator to place the boulders and a bobcat or similar

equipment to support the construction.

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Joint Application for Permit shore RoadVillase ofLindenhiirst APril 2019

-7-


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