policy 1 - dos.ny.gov

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NEW YORK STATE DEPARTMENT OF STATE COASTAL MANAGEMENT PROGRAM Federal Consistency Assessment Form RESPONSES FOR: Chris Alamia 573 Derby Drive East Oceanside, NY POLICY 1 Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational, and other compatible uses. Response- The property is private owned and the dockage facility is in need of repair and expansion. The proposed improvements will serve the individual homeowner allowing him access to the local waterways recreationally. Accordingly, this proposed action is in compliance with the stated goals in Policy # 1. POLICY 2 Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters. Response - the proposed dock is a water dependent use that would allow the homeowner the enjoyment of boating and other water dependent recreational opportunities and is therefore consistent with this policy. POLICY 5 Encourage the location of development in areas where public services and facilities essential to such development are adequate. This Policy does not apply. Accordingly, no major impacts to this resource are anticipated and therefore this proposal is consistent with maintaining the viability of the habitats present in Great South Bay. POLICY 21 Water dependent and water enhanced recreation will be encouraged and facilitated, and will be given priority over non-water-related uses along the coast. Response - the proposed dock proposed boating is a water dependent use that would allow the homeowner the enjoyment of boating and other water dependent recreational opportunities including fishing, swimming, kayaking, canoeing, etc. Therefore, this proposal is consistent with this policy. POLICY 22 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 primary purpose of the development. Response: As stated above, the proposed dock proposed boating is a water dependent use that would allow the homeowner the enjoyment of boating and other water dependent recreational opportunities including fishing, swimming, kayaking, canoeing, etc. In this situation the privately-owned property has a substantial amount of waterfront which provides the owners with

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Page 1: POLICY 1 - dos.ny.gov

NEW YORK STATE DEPARTMENT OF STATE COASTAL MANAGEMENT PROGRAM Federal Consistency Assessment Form RESPONSES FOR: Chris Alamia 573 Derby Drive East Oceanside, NY POLICY 1 Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational, and other compatible uses. Response- The property is private owned and the dockage facility is in need of repair and expansion. The proposed improvements will serve the individual homeowner allowing him access to the local waterways recreationally. Accordingly, this proposed action is in compliance with the stated goals in Policy # 1. POLICY 2 Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters. Response - the proposed dock is a water dependent use that would allow the homeowner the enjoyment of boating and other water dependent recreational opportunities and is therefore consistent with this policy.

POLICY 5 Encourage the location of development in areas where public services and facilities essential to such development are adequate. This Policy does not apply. Accordingly, no major impacts to this resource are anticipated and therefore this proposal is consistent with maintaining the viability of the habitats present in Great South Bay. POLICY 21 Water dependent and water enhanced recreation will be encouraged and facilitated, and will be given priority over non-water-related uses along the coast. Response - the proposed dock proposed boating is a water dependent use that would allow the homeowner the enjoyment of boating and other water dependent recreational opportunities including fishing, swimming, kayaking, canoeing, etc. Therefore, this proposal is consistent with this policy. POLICY 22 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 primary purpose of the development. Response: As stated above, the proposed dock proposed boating is a water dependent use that would allow the homeowner the enjoyment of boating and other water dependent recreational opportunities including fishing, swimming, kayaking, canoeing, etc. In this situation the privately-owned property has a substantial amount of waterfront which provides the owners with

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the opportunities to enjoy all the recreational activities available following the dock installation. Therefore, this proposal is consistent with this policy. POLICY 30 Municipal, industrial, and commercial discharge of pollutants, including but not limited to, toxic and hazardous substances, into coastal waters will conform to State and National water quality standards. Response: This policy does not apply in this instance. POLICY 38 The quality and quantity of surface water and groundwater supplies will be conserved and protected, particularly where such waters constitute the primary or sole source of water supply. Response: This policy does not apply as the waters in question are tidal and not a source of drinking water.

POLICY 44 Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas. Response: The proposed activity is located within a Tidal Wetlands area under the NYSDEC’s jurisdiction under Articles 25 and 15 of the NYS Environmental Conservation Law. Additionally, the Town of Hempstead, the NYSDEC, the USACE and the NYSDOS will have an opportunity to review and provide important comments. Applications have been filed whereby the proposed dock will be reviewed and any necessary changes needed to protect the natural resources in the area will be implemented prior to approval. Accordingly, the permit approval process will limit the overall negative impacts from this project. Accordingly, this project is consistent to preserving and protecting the benefits derived from these natural resources.

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dos.sm.Cstl.CR

From: Dennis Cole <[email protected]>Sent: Monday, November 15, 2021 3:58 PMTo: [email protected]; dos.sm.Cstl.CRCc: Chris Cole; Kate RummelSubject: 573 Derby Drive East, Oceanside, NY (Parsonage Creek)Attachments: photo sheet Alamia.pdf; usace Cover Letter 573 DERBY DRIVE EAST ALAMIA.pdf;

Revised dock plans 11-3-21.pdf; NYS DEC signed..pdf; future boat sketch.pdf; DC_COMPLETED 11.12.12Federal Cost-share form.pdf; CMP_RESPONSES.pdf; Phragmites Removal Sheet.docx; Environmental Questionaire.pdf

ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails.

To Whom It May Concern: We recently filed the application with the NYSDEC and are filing the dock the same plans to the USACE for that portion (bank and dock) that come under USACE/DOS jurisdiction. Please see the review the attachments and notify me by e-mail when received and they have an application number. Thank you. Dennis Cole Cole Environmental Services, Inc. PO Box 471 Manorville, NY 11949 516-768-1210

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ENVIRONMENTAL QUESTIONNAIRE

This is intended to supplement ENG Form 4345, Application for Department of theArmy Permit, or the Joint Application for Permit used in the State of New York.Please provide complete answers to all questions below which are relevant to yourproject. Any answers may be continued on separate sheet(s) of paper to be attachedto this form.

PRIVACY ACT STATEMENT

The purpose of this form is to provide the Corps of Engineers with basic informationregarding your project. This information will be used to facilitate evaluation of yourpermit application and for public dissemination as required by regulation. Failureto provide complete information may result in your application being declaredincomplete for processing, thereby delaying processing of your application.

GENERAL--APPLICABLE TO ALL PROJECTS

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

2. Provide the names and addresses of property owners adjacent to your work site(if not shown on the application form or project drawings).

(Please note that depending upon the nature and extent of your project, you may berequested to provide the names and addresses of additional property ownersproximate to your project site to ensure proper coordination.)

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 separatecopy of your plan view, indicate the location and direction of each photograph aswell as the date and time at which the photograph was taken. Provide a sufficientnumber of photographs so as to provide a clear understanding of conditions on andproximate to your project site.

4. Provide a copy of any environmental impact statement, or any otherenvironmental report which was prepared for your project.

Chris Alamia c/o Dennis Cole, Agent573 Derby Drive EastOceanside, NY

The portion of the application that applies to the USCOE is the dock repair and expansion. The purpose of thiswork is to allow the property owner access to Parsonage Creek for recreational boating. The current dock is inneed of repair as it has been present prior to the 1970's.

Leslie and Warren Kaplan579 Derby Drive EastOceanside, NY 11572SBL 54 498 73

Daniel and Elizabeth Okeefe569 Derby Drive EastOceanside, NY 11572SBL 54 498 75

County of Nassau1 West StreetMineola, NY 11501SBL 54 480 425

Provided

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5. Provide a thorough discussion of alternatives to your proposal. This discussionshould include, but not necessarily be limited to, the "no action" alternative andalternative(s) resulting in less disturbance to waters of the United States. For fillingprojects in waters of the United States, including wetlands, your alternativesdiscussion should demonstrate that there are no practicable alternatives to yourproposed filling and that your project meets with current mitigation policy (i.e.avoidance, minimization and compensation).

DREDGING PROJECTS

Answer the following if your project involves dredging.

1. Indicate the estimated volume of material to be dredged and the depth (belowmean low water) to which dredging would occur. Would there be overdepthdredging?

2. You can apply for a ten-year permit for maintenance dredging. If you wish toapply for a ten-year permit, please provide the number of additional dredging eventsduring the ten-year life of the permit and the amount of material to be removedduring future events.

3. Indicate of your drawings the dewatering area (if applicable) and disposal site forthe dredged material (except landfill sites). Submit a sufficient number ofphotographs of the dewatering and disposal sites as applicable so as to provide aclear 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 expectedduration of dredging.

5. Indicate the physical nature of the material to be dredged (i.e. sand, silt, clay, etc.)and provide estimated percentages of the various constituents if available. Forbeach nourishment projects, grain size analysis data is required.

The no action alternative would deny the owner his ability to gain access to the waterway via his riparian rights and that alternative is not being considered at this time.

No Dredging is proposed.

N/A

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6. Describe the method of dredged material containment (i.e. hay bales,embankment, bulkhead, etc.) and whether return flow from the dewatering/disposalsite would reenter any waterway. Also indicate if there would be any barge overflow.

MOORING FACILITIES

Answer the following if your project includes the construction or rehabilitation ofrecreational mooring facilities.

1. It is generally recommended that any fixed piers and walk ramps be limited to fourfeet in width, and that floats be limited to eight feet in width and rest at least two feetabove the waterway bottom at mean low water. Terminal floats at private, non-commercial facilities should be limited to 20 feet in length. If you do not believe yourproposal can meet with these recommendations, please provide the reason(s).

2. Using your plan view, show to scale the location(s), position(s) 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 facilityand indicate on the plan view the location(s) of any proposed fueling and/or sewagepumpout facilities. If pumpout facilities are not planned, please discuss the rationalebelow and indicate the distance to the nearest available pumpout station.

4. Indicate on your plan view the distance to adjacent marine structures, if any areproximate and show the locations and dimensions of such structures.

The owner is requesting replacement of the existing dock which is wider than four feet but will use open grate styled decking thereby allowing light penetration through the fixed pier portion. The remainder of the dock will consist of an aluminum ramp and two floats one 8' x 24' long and the other 6' x 20' secured by pilings. This length is to support a future pleasure craft 25' in length.

Owner has not decided on exact boat at thistime, but we are assuming 25' with 8' beam and a 2 - 2.5' draft.

Provided.

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5. Discuss the need for wave protection at the proposed facility. Please be advisedthat if a permit is issued, you would be required to recognize that the mooring facilitymay be subject to wave action from wakes of passing vessels, whose operationswould not be required to be modified. Issuance of a permit would not relieve you ofensuring the integrity of the authorized structure(s) and the United States would notbe held responsible for damages to the structure(s) and vessel(s) moored theretofrom wakes from passing vessels.

BULKHEADING/BANK STABILIZATION/FILLING ACTIVITIES

Answer the following if your project includes construction of bulkheading (alsoretaining walls and seawalls) with backfill, filling of waters/wetlands, or any otherbank stabilization fills such as riprap, revetments, gabions, etc.

1. Indicate the total volume of fill (including backfill behind a structure such as abulkhead) 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 theamount of fill to be placed below the plane of spring high tide in tidal areas andbelow ordinary high water in non-tidal areas.

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

3. Indicate the method of fill placement (i.e. by hand, bulldozer, crane, etc.). Wouldany temporary fills be required in waterways or wetlands to provide access forconstruction equipment? If so, please indicate the area of such waters and/orwetlands to be filled, and show on the plan and sectional views.

None proposed.

None proposed

N/A

N/A

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The foregoing requests basic information on the most common types of projectsrequiring Department of the Army permits. It is intended to obviate or reduce theneed for requesting additional information; however, additional information may berequested above and beyond what is requested in this form.

Please feel free to add any additional information regarding your project which youbelieve may facilitate our review.

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User
Distance Measurement
25.98 ft
User
Distance Measurement
7.94 ft
User
Polygon
User
Callout
Future watercraft 8' beam 2.5' draft
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11/2/21

Dennis W. Cole, Agent Agent

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Name Location Hamlet District Section Block Lot

1.0

6.05.0

4.03.0

2.0

Photos Dated:

Page 1 of 2

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PO Box 471

Manorville, NY 11949 [email protected]

516-768-1210 November 15, 2021 US Army Corps of Engineers New York District ATTN: Regulatory Branch, Room 1937 26 Federal Plaza New York, NY 10278-0090 Re: Application for Chris Alamia 573 Derby Drive East Oceanside, NY Nassau Tax Map No. 54-498-74 The owner is applying to rebuild the existing dock and make some dock additions and to physically hand cut the exiting phragmites to allow the indigenous tidal wetland vegetation thrive. The other work landward of the existing wetlands vegetation shown on the plans are for the NYSDEC review of the upland areas as these are beyond the USACE jurisdiction. Application Items Enclosed:

1. Completed Application Form 2. Signed Owner’s Consent Form (One Copy) 3. Completed Environmental Questionaire 4. Completed Federal Consistency Assessment Form 5. Photo Sheet 6. Plans (5 pgs) 7. Phragmites Removal Sheet

Please note that all of these sheets have been scanned and can be forwarded to the USACE Analyst assigned to this project, simply send me an e-mail and I’ll forward you the digital copies.

If you have any questions, please do not hesitate to contact us.

Sincerely,

Dennis W. Cole, Agent Cole Environmental Services, Inc.