Woodcleft Avenue Waterfront Reconstruction JOINT PERMIT APPLICATION Applicant: _______________________________ NBD Holdings, LLC 333 Jericho Turnpike 6XLWH Jericho, NY 11753 Agent: TMS Waterfront One Van Houten St Nyack, NY 10960 December 2020
Woodcleft Avenue Waterfront Reconstruction
JOINT PERMIT APPLICATION
Applicant: _______________________________
NBD Holdings, LLC 333 Jericho Turnpike
Jericho, NY 11753
Agent: TMS Waterfront
One Van Houten St Nyack, NY 10960
December 2020
TABLE OF CONTENTS
Agency Submittal Information
Section I Project Narrative
Section II
New York District United States Army Corps of Engineers Joint Permit Application
Environmental Questionnaire Essential Fish Habitat Worksheet
Section III
New York State Department of Environmental Conservation
3.1 Structural Archaeological Assessment Form 3.2 Section 35a: Floating Objects Application
3.3 Supplement D2: Application for Permit For The Construction, Reconstruction Or Expansion Of Docking And Mooring Facilities
3.4 Landowner’s Written Permission to Inspect Form 3.5 Environmental Assessment Form
Section IV
New York State Department of State Coastal Management Program Federal Consistency Assessment Form
Federal Consistency Assessment Form Supplement
Section VI Site Photos
Section VII
Location Maps, Charts and Diagrams
Section VIII Drawings
Section IX
Supplement
Section I
Project Narrative
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PROJECT NARRATIVE 1. Introduction:
TMS Waterfront, LLC (“TMS”) has prepared this Joint Permit Application on behalf of the Applicant, NBD Holdings (“Owner”), for proposed waterfront structure reconstruction 447 Woodcleft Avenue in Freeport, Long Island. The purpose of the project is to stabilize the property, re-establish public access, restore commercial and private vessel berthing, and make it resilient to the effects of storms, flooding, and sea-level rise. Presently, the shoreline consists of eroded soil, concrete building remains, stone debris, garbage, and a non-functional bulkhead. All the damage is post-Sandy; previously approved work has not been completed. The Owner proposes to rehabilitate the waterfront by rebuilding the original bulkhead, previously authorized by a permit post-Sandy. Modifications to the alignment of the bulkhead will prevent future erosion, increase resiliency, and address sedimentation. Additionally, the Owner proposes a pile supported platform seaward of the restored bulkhead, and the addition of floating docks to replace those lost during sandy and after. This application submits for your consideration, the following permit applications, consistency analysis, and amplifying information for use in your review. Local building permits will be obtained separately.
U.S. Army Corps of Engineers (USACE):
a. Section 10 Rivers and Harbor Act b. Section 404 Water Quality Permits, c. Consultations:
i. National Marine Fisheries (NMF), ii. National Oceanic and Atmospheric Administration (NOAA), and
iii. The United States Coast Guard (USCG).
New York State Department of Environmental Conservation (NYSDEC): a. Tidal Wetlands Permit, b. Section 401 Water Quality Certification, c. Excavation and Fill in Navigable Waters, and d. Docks, Moorings, or Platforms permit.
NY State Department of State (NYSDOS):
a. Coastal Consistency Concurrence (FCAF)
2. Site Location and Description:
The project address is 447 Woodcleft Avenue, Freeport NY, 11520; Nassau County Tax Parcel
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Section 62, Block 177, Lots 339, 526, 548, 541, and 542. Measuring 2.35 acres, the site is located at the southernmost end of Woodcleft Avenue, also known regionally as “the Freeport Nautical Mile.” The site is on the western bank of the Woodcleft Canal and bounded to the south by Little Swift Creek. The specific coordinates are as follows: Lat: 40 degrees, 37 minutes, 41.03 seconds North
Long: 073 degrees, 34 minutes, 50.36 seconds West
Figure 1: Project location. (Source: USGS)
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Figure 2: Aerial image of site. (source: Google Earth)
Physical Description The project site is a partially vacant lot at the southern most end of Woodcleft Avenue comprising the tax lots noted above, and a two story office and retail building at the south end of the lots. Offshore, a single floating dock remains in the water. The Woodcleft Canal is to the east and is one of the six South Shore Estuary Reserve Major Maritime Centers for the Long Island Region. Initially dredged in 1897, the Woodcleft Canal is approximately 0.84 miles long and 222 feet wide. It communicates with Long Creek and the western Great South Bay east of Baldwin Bay (NYSDEC Waterbody Segment ID# 1701-0214, Long Creek). Woodcleft Canal is deeper near the project site, however, a portion of the canal floor north of the site is exposed mudflats at mean lower low water (MLLW). Please refer to Section 8 where the hydrographic and topogranic surveys are provided for reference. Parcels on both sides of Woodcleft Avenue make up the overall development site, and they are connected by a single lot – labeled C in the diagram labeled Figure 3 below – at the waterfront.
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Figure 3 – Project Tax Lots
Parcel A at 0.5 acres, includes Nassau County Section 62, Block 233 Lots 2 and 3, and measures approximately 230 feet by 100 feet along the water. Parcel B comprises five lots – Nassau County Section 62, Block 177 Lots 339, 526, 548, 542, and 541 and covers an area approximately 1.08 acres. On the western edge, which runs parallel to Woodcleft Avenue, the parcel is approximately 415 feet long. Die to the irregularly shaped shoreline, which measures approximately 520 linear feet and is comprised primarily of a dilapidated timer bulkhead, the width of the parcel varies from approximately 131 feet to 68 feet wide respectively. Area C is a single lot joining the parcels at the southern terminus of Woodcleft Avenue, Nassau County Section 62, Block 177, Lot 530. It contains a public space comprised of planted areas, a brick-paved plaza, and a flagpole. A sheet pile bulkhead constitutes the shoreline, which is approximately 38 linear feet. Woodcleft Scenic Pier, a wooden pier structure offering covered and uncovered seating and sightseeing binoculars, is immediately adjacent to the plaza. Site History The project site is in the southern end of the “Nautical Mile”. A request for applications to the Village of Freeport’s 2019 Downtown Revitalization Initiative describes the mile as such:
A
B
C
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The Freeport Nautical Mile is a picturesque historic maritime main street that runs along Woodcleft Canal. The Nautical Mile was established in 1898 when Woodcleft Canal was dredged. Throughout the century it has been a vital center of commercial and recreational activity. Early in the century, resort hotels flourished in Freeport, including one on the current site of Randall Park, at the northern end of the street. Visitors arrived via the Long Island Railroad, then by horse drawn carriage, early automobiles, or electric trolley to the waterfront. As the century progressed, the Nautical Mile's economic generators were commercial fishing, boat building, boat sales and marinas, seafood restaurants[,] and fish markets. With the regional downturn in the early 90's, the Nautical Mile suffered from increased vacancies caused by the departure of some major marinas and the physical deterioration of the area brought about by recurrent flooding.1
Since early 2000, Lot 3 and 2 have been used as surface parking lots. Historic maps from 1914 show the Bay Side Hotel was here. From there, historic aerial imagery shows a boatyard extended west to Miller Avenue until the mid-1960’s and a large, singular structure occupied the entirety of both lots in the mid 1990’s.
Figure 4: Freeport. From “Atlas of Nassau County, Long Island, N.Y. 1914.”
In Parcel B, Lot 339, which is at the northern end of the parcel, has been vacant since late 2007. Between 2007 and 2009, a building which was formerly used for boat building, repair, and/or storage, was demolished. Lot 526 has been vacant since approximately 1966. A survey performed by Ferrantello Land Surveying, P.C. (Ferrantello) describes the lot as “Richmond Street as shown
1 https://www.ny.gov/sites/ny.gov/files/atoms/files/Freeport_2019_DRI_Four_.pdf
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as filed map since abandoned”. Lot 548 was home to the Schooner Restaurant, which never reopened after Superstorm Sandy and was abandoned and finally condemned. The derelict, two-story building structure, which had stood since at least 1966, was torn down in late 2014 – early 2015. Superstorm Sandy also caused extensive damage to the bulkhead and docks. Subsequent erosion from 2012 through 2015 has allowed the shoreline to encroach upland. In 2017, permits were received to replace the bulkhead and platform; however, work was never completed. (Permit No. 1-2820-01161/00012)
Figure 5: Floating docks in place prior to Superstorm Sandy. From left to right: 05/2012 & 11/2012
Figure 6: Images of Schooner's Restaurant, condemned after Superstorm Sandy.
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Lots 541 and 542, the southernmost lots were home to the Woodcleft Fishing Station. According to Nassau County Department of Assessment files a two-story building was constructed here in 1968. Woodcleft Fishing Station occupied the ground floor, while a private residential apartment was above. There is no basement. A Shell gas station, for refueling boats and vessels, is also present at the property. The survey by Ferrantello notes the presence of underground fuel tanks, later identified as a 5,000-gallon diesel fuel storage tank and 10,000-gallon gasoline storage tank by Middleton Environmental Inc. (Middleton), in a Phase I Environmental Assessment Report dated February 28, 2019. Per the NYSDEC’s tidal wetlands maps2 from 1974, the site contained the restaurant, marina warehouse, waterfront bulkhead and seven (7) floating docks for vessel berthing along the canal.
Figure 5 – NYSDEC Tidal Wetlands Aerial, 1974. Note the floating docks outboard of the
structure.
2 http://opdgig.dos.ny.gov/#/map/0/E8B21766-F7F6-49B0-8346-58E71A8B3DF8,FD33F305-B8D9-49E3-A7E5-DCB44D86D671/-74.473,40.081,-71.460,41.503/topo/68
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Existing Conditions The existing site is a vacant lot primarily consisting of unpaved fill. It was previously cleared after the demolition of numerous buildings. Piles of debris and earth are present, and remnants of building foundations, footings, and other structures are present throughout the site. Along the western edge, there are patches of growth of weeds, grasses, and small shrubs. In addition to the vegetation, there are incongruous patches of concrete and asphalt. At the southern end of the property, there is an extant two-story building, the land immediately adjacent to the building is paved either with asphalt or concrete. Underneath the concrete portion, there are fuel tanks discussed in the previous section. Both the tanks and the building are schedule to be removed and demolished, respectively, in January 2021. The shoreline along Long Creek—the southern edge of the upland portion of the site—is comprised of a vinyl sheet bulkhead with a timber cap and timber piles and walers. The structure is in generally good condition. A slender timber pier extends approximately 50’ east from the corner of the property into Woodcleft Canal. The bulkhead turns north and forms the western shore of Woodcleft Canal. For approximately 100 feet (measured linearly north-south) the bulkhead is in-tact; however, the remaining length to the northern extend of the property is compromised and in various stages of failure. Along the eastern edge of the property, there are sinkholes, and areas of significant fill loss behind the bulkhead. The shoreline is comprised of fill, large stones, broken timber and concrete, and miscellaneous debris. Pieces of the bulkhead remain, including timber soldier piles, sheathing, walers, caps, and sister beams. Steel tie-rods and timber anchor piles are also prevalent upland of the bulkhead. At the northern end of the bulkhead, a concrete foundation is present running parallel and adjacent to the bulkhead. The elevation of the top of the existing bulkhead in this area range between EL 4.00 and 5.00, which is below the minimum heigh set by the Village of Freeport Building Code. The entire site falls within the FEMA-demarcated flood zones VE (EL 11) and AE (EL 9 & 10). The shoreline and waters of the Woodcleft Canal are identified on the New York State Tidal Wetlands Inventory Maps (Section 8) and US Fish and Wildlife Service National Wetland Inventory Maps. NYSDEC maps most of Woodcleft Canal as Littoral Zone (LZ) tidal wetlands. The tidal wetland boundary coincides with Mean High Water (MHW) due to the absence of tidal wetland plant communities. However, there are several small patches (5-10 SF) of tidal wetlands plants along the shoreline comprised of spike grass (Distichlis spicata) and, to a lesser extent, smooth cordgrass (Spartina alterniflora). There is a larger patch of spike grass (~130 SF) located landward of the top of the dilapidated slope adjacent to the remnants of a concrete foundation. The shoreline features a steep slope consisting of fill, broken asphalt and concrete, and miscellaneous debris. Macroalgae is frequent to abundant within the intertidal zone on hard surfaces or bulkhead remnants and in the subtidal zone. Observed macroalgae species include green string lettuce (Ulva intestinalis), sea lettuce (Ulva lactuca), rockweed (Fucus sp.), and Gracilaria tikvahiae. Sea lettuce and Gracilaria are abundant in shallow water to a depth of ~3-ft at mean low water. No submerged aquatic vegetation (SAV) was observed. In addition, a review of
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the New York State Statewide Seagrass Map indicated no known SAV resources in the site area. The substrate consists of a thin layer of sand lost from the fill slope with concrete debris prevalent. The thin layer of sandy sediment overlies soft mud typical of the dredged tidal canals of southern Nassau County. No high-quality substrates for finfish spawning, such as rock or cobble bottom, or shorebird foraging or shellfish resources, such as extensive intertidal mudflats, are present.
The top of the dilapidated slope features upland coastal plants, such as seaside goldenrod (Solidago sempervirens) and invasive plants and weeds including mugwort (Artemesia vulgaris), narrow-leaved plantain (Plantago lanceolata), crabgrass (Digitaria sanguinalis), green foxtail (Setaria viridis), white goosefoot (Chenopodium album), cocklebur (Xanthium strumarium), chicory (Cichorium intybus), white sweet clover (Melilotus album), and common reed (Phragmites australis).
Figure 7: Property Facing South
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Figure 8: Property Facing North. Old marina warehouse foundation indicated.
3. Project Purpose and Need
Wave, wake, and tidal action have accelerated erosion and undermined the existing structures, destabilizing the shoreline. Due to the site location - exposed to the Great South Bay and the current condition of the shoreline, the site is more susceptible to flooding, exacerbating the existing problems, making the shoreline unsafe, and putting adjacent properties at risk for flooding. Furthermore, runoff from the site flows unchecked into the Canal. Base work – Bulkhead reconstruction. As noted above, the site is in poor condition; the issued permit for bulkhead replacement expired during sale and transfer of the property ownership. Therefore, the bulkhead reconstruction is required to stabilize the property and surrounding area, prevent erosion, flood inundation, and further damage to adjacent structures. The new bulkhead will need to address sea level rise, long term resiliency, and the ability to withstand future storms. Waterfront Reconstruction – Platform and Floating Docks. The Owner seeks to return their property to the waterfront and maritime use intended. The proposed platform and floating docks will normalize the irregular shoreline improving navigation along the canal, set back the wave action (a buffer), promote local resiliency, and enhance public access to the waterfront. Furthermore, platform will create a continuous esplanade connecting the to the Woodcleft Scenic Pier and the Sea Breeze Park boardwalk. Floating docks relocated to the southern end will provide open space and recreational access and will maintain the historic water dependent use of this waterbody by giving vessels and area to safety harbor.
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Freeport has been and will be a nautical / waterfront community. This location was historically as shipyard servicing the military and commercial interests well into the 1960s. As such, the project serves to maintain the character, use, and waterfront access that will serve as a catalyst to the recovery of the Nautical Mile.
4. Description of Proposed Action
The Owner proposes to remove the deteriorated timber bulkhead and install a new fiber-reinforced polymer (FRP) sheet pile bulkhead in the same location as the previously permitted design, with one exception where the bulkhead would be pulled back, representing a cut of approximately 133 CY of fill compared to the previously authorized design. Retaining the bulkhead will be a series of deadman tiebacks on site, with a cap mounted waler. Life span of FRP sheeting exceeds 75 years and meets resiliency standards for flood resistant materials. Approximately 477 feet in length, the FRP bulkhead would be topped with a cast-in-place (CIP) concrete cap and secured with deadman anchors, stabilizing the entire eastern shoreline of the site. The bulkhead will be penetrated by one (1) 12” HDPE outfall pipe with an invert elevation of approximately El. 0.20 Outboard at the southern portion of the site, the Owner proposes to and construct a concrete platform comprised of steel pipe piles, precast concrete pile caps, and precast concrete planks. The proposed platform would create approximately 6,040 square feet of coverage within Woodcleft Canal at elevation +5.9 NAVD88. Designed to meet stringent code including FEMA recommendations for sea level rise, the platform would comprise 12-inch diameter steel pipe piles, 3-foot wide by 2.5-foot-tall precast concrete pile caps of varying lengths, and 1-foot-thick precast planks primarily 30 feet long by 8 feet wide; however, some of varying length will be installed to complete the irregular shape of the platform. In general, pipe piles will be driven 10 feet on-center; however, at the ends of caps, this distance may be less to ensure cantilevers adhere to the loading criteria. Only the new pipe piles will create fill, and they account for approximately 7.2 CY; however, the piles are not filled with concrete. Additionally, the project proposes replacing docks formerly located on site that were destroyed in Superstorm Sandy. The installation of these floating docks` along the seaward edge parallel to the river will ensure greater width of navigation at the mouth of the canal. The proposed floating docks are prefabricated and constructed of aluminum or steel frames, with a hardwood, composite wood, or recycled plastic lumber deck, and molded plastic floats. The docks will have minimal draft, roughly 8 inches, and will provide electrical power and freshwater service to moored vessels. A gangway will be located at each end of the docks to allow accessible passageway to the docks throughout the tidal range. The proposed floating docks would account for 6,260 SF of additional coverage.
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Before repairing the bulkhead, existing wooden, concrete, and asphalt structures will be demolished; and all debris and garbage along the shoreline will be removed. Offshore timber piles that do not interfere with installation of the platform piles will be cut at the waterline and remain to provide habitat. Conflicting timber piles will be extracted. All piles offshore of the proposed structures will be extracted from the navigable waterway.
Figure 9: Section through bulkhead and platform at Southern Shoreline.
`
Figure 10: Proposed site plan showing the layout of the platform structure and bulkhead.
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Figure 9: Cut/Fill and Coverage Diagram
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5. Project Impacts
The project will have an impact in terms of area over and around the water, tidal wetlands, and littoral zone. Summarizing:
a. The proposed bulkhead modifies the previously approved alignment and brings the footprint of the bulkhead landward at one location, for a minor increase in fill below MHW.
b. A new pile-supported platform will be installed over open water with an increase in fill below MHW and significant increase in over-water coverage in the LZ.
c. Previously existing (pre 1974) floating docks will be reconfigured to expand the canal entrance and provide additional berthing offshore creating additional over-water coverage.
d. Pile driving will disturb the mudline and water column during construction, however, total number of piles at the site will reduce. In total, 65 piles will be driven into the mud for permanent structures, however, approximately 93 piles from previous structures will be removed in the process.
e. Construction impacts are anticipated along the shoreline during construction due to the existing condition of the site.
Below, each impact is more specifically defined using SEQR language, its magnitude discussed, and quantified, and general conclusions summarized.
5.1 Impact on Land – There are no negative impacts to land associated with the project, only
positive ones. The proposed project involves reconstructing the bulkhead and adding a platform with floating docks. Retaining and stabilizing the shoreline will protect the site and adjacent properties from storm surge and flooding, both of which are documented concerns and dangers in the Village of Freeport NY Rising Community Reconstruction Plan3. The 2009 Flood Zone Map show Freeport designated as a special flood hazard area by FEMA. Most who live in the area are aware of the threat of flooding. Moreover, by rehabilitating the shoreline and installing the platform the proposed project will restore safe access to the waterfront. Negative impacts during construction will be temporary and limited due to localized soil erosion and disturbance. This impact will be mitigated using storm water management practices (turbidity curtains, hay bales/silt fence, construction entrances, and stockpile best management practices) and the proposed waterfront public access area will be restored after construction.
5.2 Impact on Water – With the decommissioning of the fuel station on site, overall water quality and major risks to the environment will be significantly reduced. Moreover, due
3 https://stormrecovery.ny.gov/sites/default/files/crp/community/documents/freeport_nyrcr_plan.pdf
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to the nature of the previous use, as a fueling and bait station, there will be fewer transiting and idling vessels.
The proposed areas for both the relocated floating docks and the platform do not contain any vegetated wetland or Submerged Aquatic Vegetation (SAV). Coverage from the floating docks is 4,940 SF; however, historically on the site there has been approximately 2,075 SF of floating docks, making the net increase in dock area approximately 2,865 SF. The floating docks will have an approximate draft of 8 inches, while the minimum water depth at mean lower low water (MLLW) at the site is approximately 6 feet. This depth is well above NYSDEC guidelines of 2 feet of clearance at MLLW and as such, there is no anger of the floating docks grounding or getting stuck in the mud. Furthermore, relocation and rearrangement of the floating docks involves no disturbance other than short term turbidity caused when removing or relocating anchors or pilings. All short-term impacts will be minimized with turbidity curtains and other best management practices. Coverage from the proposed platform will be 6,270 SF. It will reduce light penetration and the pipe pile supports may alter patterns of water flow. The platform will also provide access to the waterfront for all users Short term impacts on water caused by driving piles may include increased turbidity. These impacts will be minimized by using turbidity curtains, low pressure jetting of pilings where possible and upland storage or barge storage of equipment. In-water work due to bulkhead reconstruction and pile driving associated with the proposed platform will be limited and temporary. There are no discharges or effluent proposed with this work. Removal of debris and decaying bulkhead remains will have temporary, localized impacts on water due to erosion and exposure to the canal.
5.3 Impact on Air – Elimination of the fueling station will immediately and drastically improve air quality in the vicinity of the property. Specifically, gas and marine diesel vapors will be eliminated, and fewer idling boats will contribute to emissions. This project will add no industrial equipment (stationary) that produces emissions. The material handling equipment will meet New York State requirements for non-road construction equipment emissions. The project will not impact air.
5.4 Impacts on Transportation – The proposed project will not impact transportation and will not result in an increase in traffic above present levels. The site is located on a navigational canal and channel; therefore, construction equipment will remain as close to the work area as possible and will moor parallel to the canal to minimize disruptions to boating traffic. Boaters will need to adhere to modified “no wake” restrictions at all times while construction crews and equipment are present. The repositioned floating docks will organize vessel berthing alongside the canal and within a marina within Little Swift Creek, creating a wider, less crowded entrance to the canal.
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Furthermore, the proposed docks would aid in the supplying the need for berthing considering the overall vessel traffic in the area. Upon completion the proposed project will benefit transportation as docks and associated structures are water dependents structure that aid in attaining access to the water for safe ingress/egress to vessels. The proposed project will benefit maritime transportation by offering more opportunities for vessel to safely harbor. During construction, surface streets should see no additional volume, as the work will most likely occur off-season when seasonal traffic is reduced.
5.5 Impact on Energy – There are no impacts on energy resources of the locality or region.
5.6 Impact of Plants and Animals and Significant Habitats – Per the NYSDEC EAF Mapper,
there are no threatened or endangered species, nor their associated habitat, listed by the State or Federal government present on the project site. No Habitat Areas of Particular Concern (HAPC) were identified, and no EFH Areas Protected from Fishing (EFHA) were identified at the site. Additionally, no submerged aquatic vegetation (SAV) or wetlands exist in the project area and the presence of wildlife is minimal, as the site is in an active suburban maritime center and recognized economic corridor for the Village of Freeport and Nassau County. The Site is not located within a Critical Environmental Area. Shading caused by the floating docks and platform is approximately 12,300 SF. Please see the attached EFH Assessment, and Wetlands & Shoreline Assessment produced by Land Use Ecological Services Inc., for more details.
5.7 Impact on Aesthetic Resources – The proposed project will benefit aesthetic resources. The waterfront site in its current condition is dilapidated and contains remnants of prior demolition and a failing bulkhead. The proposed project would rehabilitate the waterfront and translate the waterfront from an attractive nuisance into an area safe for the public, safe for vessels, and will improve the survivability of the site and surrounding area in the event of storm surge. The main improvement, beyond the structural rehabilitation is that the improvements will provide public waterfront access. Currently, the public cannot access the site or the waterfront. Moreover, the village is actively seeking to develop a waterfront access plan to connect waterfront areas along the mile, providing scenic view corridors and spaces for passive recreation balanced with the existing working waterfront. Currently however, no cohesive plan exists. The proposed project will catalyze the waterfront action plan of freeport and connect public access at adjacent lots. It presents the Village of Freeport with the opportunity to establish a unified and well-designed public waterfront promenade which will provide views of the Canal and bay to the public. The project will result in a beneficial impact on aesthetic resources.
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5.8 Impact on Open Space and Recreation – The proposed improvements will have a beneficial impact on open space and recreation. The ability to berth vessels will increase recreation opportunities in the vicinity of the project site. The additional improvements of the promenade will increase access to the waterfront for passive recreation. Both results are in line with the local jurisdictions vision for their waterfront and the Nautical Mile. The Village of Freeport was recognized by the State of New York for the Nautical Mile Project with the State’s first Governor’s Waterfront Rediscovery Award. The Village was one of 5 recipients of this prestigious award. In 2007, the Village continued the development of the waterfront with the construction of a new transient marina, boardwalk, and dockmaster’s quarters at the Sea Breeze Park site located at the foot of South Ocean Avenue just west of the Nautical Mile.4
5.9 Impact on Historic and Archeological Resources – There will be no impacts on historic or
archeological resources because of the proposed action. The project neither contains nor is contiguous to a building, archaeological site, or district which is listed on the National or State Register of Historic Places. Neither has the site been determined by the Commissioner of the NYS Office of Parks, Recreation and Historical Preservation to be eligible for listing on the State Register of Historic Places.
5.10 Noise and Odor Impact – The project involves the installation of steel piles and use of an
excavator for pile driving (hammer and vibratory). Noise impacts are temporary in nature and considered to be non-impactful. Potential impacts of noise on wildlife will be temporary and short-lived, as pile driving is anticipated to be performed within two-and-a-half to three months for in-water construction. There are no operations that will cause odor of any level. Potential impacts of noise on wildlife will be negligible, as pile driving will be performed in accordance with any applicable moratoriums for in-water work. Long term impacts are negligible as no change in use of the waterfront is expected.
6. Mitigation of Impacts
6.1 Overall Mitigation. As discussed above and when compared to the existing and historical uses of the site, impacts while obvious, are not necessarily significant. 6.1.1 Specifically, the conversion of a waterfront fueling facility to recreational and light
commercial use is significant and must be considered to be a mitigation to the proposed work. This cannot be overlooked, as waterfront fueling facilities are significant polluters and environmental hazards with sea-level rise and flood prone areas.
6.1.2 Moreover, this site has been utilized as an industrial maritime manufacturing site since the turn of the century. Boating, boat building, shipyards and similar
4 http://libertymunicipal.com/www/wp-content/uploads/Freeport-2019A-BANS-POS.pdf
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facilities are major polluters; this new site will be an open air, water accessible, clean air, and clean water driven undertaking.
6.1.3 Elimination of the breakwater fence on the south side of the site will promote greater water flow through the area and reduce stagnation in the corner.
6.1.4 Floating docks and platform will reduce wave energy and overtopping on the southeast corner of the site.
6.1.5 The reconfiguration of the dock slips will open up additional waterway at the mouth of the canal and promote improved safe navigation.
6.2 Alternatives Analysis. The Owner and TMS have analyzed several alternatives for the
restoration of the site. In addition to the “no action”, alternatives 2 and 3 envision only the replacement of the bulkhead to stabilize and restore the upland site. Due to the erosion and previous collapses, these two alternatives are not ideal, as the reduce the total footprint of the site and limit public access. Alternatives 4 and 5 envision a reconfiguration of the site, wherein the bulkhead is re-aligned and either backfilled to create additional space, or a platform constructed to the same effect. The alternatives:
No Action. The current bulkhead has failed and continues to deteriorate with no action. A “no action” approach will lead to further erosion of the shoreline, reduce the survivability of the present and future waterfront structures, and increase the locations risk to the effects of storm surge and future superstorms and nor’easters. Since the area is prone to flooding, neighboring properties would be subject to reduced stability from increased flooding and storm surge risk if the ability to repair is neglected. The shoreline in its present condition is unsafe and presents an attractive nuisance to the health and safety of the public. The end of the Woodcleft canal would remain structurally unsound, open to storm surge risks, and lack needed resiliency. If the no action alternative is pursued, no berthing of vessel can occur on since the bulkhead and piers in their present condition are unsafe. As such, a “no-action” approach is not acceptable.
In-kind bulkhead replacement. In kind replacement of the bulkhead would be with
a navy wall type structure at or inboard of the existing bulkhead alignment. This option would theoretically meet the NSYDEC’s General Permit requirement on Long Island for replacement of the structure. However, long term survivability of navy wall timber bulkheads in the presence of marine borer activity (limnoria), storms, and flooding is very short, especially after overtopping and inundation. Installation of the same structure that was there, even with a higher elevation would be a short-term solution and would ultimately require replacement several more times over its life span. This option was not considered acceptable per Appendix G of the International Building Code, ASCE24-14, or FEMA resiliency recommendations. Moreover, the existing location of the bulkhead has extensive shoaling, and to bring back boating to the site dredging would be required.
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Improved Bulkhead Replacement. To address concerns raised in 7.1.2 above, an
FRP bulkhead with subsurface tiebacks would be installed at a higher elevation, in a slightly different alignment to reduce wave impact activity. Replacement of the bulkhead to a higher elevation would provide a longer life cycle with increased resiliency and flood protection. However, due to the location of the bulkhead on site and the exposure to the bay, the bulkhead would not provide any buffer to the wind, waves and storms that impact the canal. Inevitable overtopping would impact the site, the adjacent roadway, and adjacent properties. This single structure alone simply does not reduce wave and flooding energy for the benefit of the area. Moreover, the existing location of the bulkhead has extensive shoaling, and to bring back boating to the site dredging would be required.
Sheet Pile Bulkhead and Landfill. This alternative envisions bulkheading around
the property to the limits shown in Figure 10, and backfilling to create new land. This action would stabilize the shoreline and provide needed improvement to the waterfront. It will provide ample space for public access to the waterfront. Compared to the selected alternative, there will be extensive fill in the tidal wetlands and littoral zone, and significantly more disturbance during construction.
Platform Alternative – Selected Alternative. In lieu of bulkhead and fill per
alternative 4, the selected alternative proposes using an elevated, pile supported platform. The work would stabilize the shoreline, providing needed improvements to the waterfront, such as resiliency to storm surge, superstorms and nor’easters, and sea level rise. Furthermore, the surrounding properties would also benefit through the reconstruction of the bulkhead and shoreline as their properties, taken holistically, would be stronger. The property currently displays the natural effects of storm surge and erosion. Due to its location at the of the canal site is the first barrier to storm surge. The platform piles will limit waterflow and moderate the effect of waves entering the canal. This action therefore balances the needs for public space, and the maximum available protection of the property.
Moreover, the site is at the mouth of the canal. This is a known area where boats
meet. Currently, at the site, boats dock perpendicular to the canal, this introduces more hazards to navigation as boats entering and exiting the dock introduce higher changes of boats crossing. Reducing the amount of times boats cross will improve navigation and safety. Recalibrating the way boats currently dock, by moving the floating docks to the south, offers a better geographic location for docking and normalizes the approach to the canal. Normalizing the edge of the Woodcleft canal with this proposed action will create an organized area for the safe harbor of
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December 2020
vessels parallel to the canal. Reconfiguration of the edge will improve the canal for navigation and provide a more organized structure for floating docks.
6.3 Best Management Practices. In addition to adherence to the NYSDEC’s regional, general,
& anticipated special conditions of the permit, the USACE requirements, the NYSDEC SPDES General Permit for Construction, and the NYSDEC Soil Erosion and Sediment control standards, the following best management practices and protections are anticipated. 6.3.1 Soil and Erosion Control
Due to the depth of the work, and currents, there is not expected to be an increase in turbidity due to the pile installation. Construction will cease should a noticeable increase in turbidity occur until adequate BMPs are deployed to contain the work area.
SWPPP and erosion management practices will be implemented on the shoreline, on the barge and through the use of debris booms and turbidity curtains in the waterway as needed. This includes the use of inlet protection for the stormwater drains, hay bales, silt fence and/or coir logs & diversion of surface runoff.
All materials inboard of exiting bulkhead will be excavated and removed back before demolition and reconstruction.
6.3.2 Environmental Protection Construction debris will be collected and disposed of in approved off-site disposal
facilities. Work will adhere to all required environmental moratoriums. Construction debris will be tested for contamination, and any contaminated
material will be disposed of as required in the remediation plan. Barges and equipment will be protected against spills into the waterway. A spill kit will be on site should any spill occur. Construction equipment will not work waterward of MHHW unless on floating
platforms that cannot ground out. Care will be exercised to prevent any debris from dropping into the waterway by
use of portable spill plates during active unloading operations. Any materials dropped shall be removed immediately and legally disposed of.
7. Engineering and Construction Discussion:
7.1 Engineering Design. The design of the bulkhead, platform and docks was driven by performance and safety criteria and considers sea level rise and the reality of superstorm forces. The FEMA flood zone is VE +11 and AE +10 NAVD, as such, it is not permitted by code to raise the site to this elevation, as neighboring properties are also low-lying. The new bulkhead is designed to withstand the forces of storms and flooding and will adhere to all requirements of the Freeport building code.
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Unlike most platforms in Long Island, the proposed pile supported platform is heavy construction as opposed to light, timber-framed construction. This will make it much more resistance to flood and storm forces, and less likely to be damaged or washes away in a flood. Structural components (piles, caps, and planks) will be sized appropriately to withstand all anticipated forces on the structure. All concrete components will be made using high PSI, marine-grade concrete that better resists corrosion and degradation from freeze and thaw cycles. The floating docks will be designed to remain on their spud piles in the event of a storm; however, they will have the ability to be removed should the spud piles likely be overtopped. Additionally, the docks and platform are designed such that they present a nearly 30 percent reduction in wave energy approaching land during a storm. This designed resiliency will help mitigate damage in future storms.
7.2 Construction Means and Methods, Sequence 7.2.1 Equipment. The Contractor will utilize a barge-based crane or excavator for
removals and a barge-based pile driver (vibratory or hammer) to install the bulkhead sheet piles. Additional removals may occur from land using an excavator. The piles, caps, and planks comprising the platform will arrive to the site via barge and will be installed using the barge-based equipment.
7.2.2 Sequence & Methods For the installation of the bulkhead and platform, the Contractor will mobilize
all required safety and BMP materials, install on site, and then mobilize the construction equipment for the work.
Once mobilized, the contractor will commence removals of existing debris, including concrete, stones, and remnants of the timber bulkhead, including any existing piles conflicting with the proposed design).
Upon completion of the removals, the sheet pile bulkhead will be driven. Next, the Contractor will install deadman anchors, pour the concrete cap and
place clean fill behind bulkhead. Once the bulkhead is in place, construction of the platform will begin. First,
the steel pipe piles will be driven. Using a land, or barge-based crane, the pile caps will be hoisted into position
and placed over the piles, followed by the precast planks. Finally, the Contractor will install handrails, finishes, and any other permanent
furniture. Upon completion of the work, Contractor will clean up the site, restore all
existing conditions, clear BMP(s), and demobilize. 7.3 Schedule
It is anticipated that the tasks detailed above, specifically the major tasks, will take the following amounts of time. Actual scheduling and progress of construction will be a factor of the recreational and boating season, amount of time to perform the actions below, potential moratoriums on in-water work, and tidal influences.
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December 2020
Mobilization – 1 week. Environmental & Stormwater Protections – 2 days Clearing, Grubbing and Removals – 2 weeks, including excavation of fill back from
the limits of the bulkhead reconstruction work, demolition of piles and platform elements, and shoreline debris removal.
Construction Duration for Proposed Bulkhead Reconstruction – 8 weeks. Once the bulkhead is complete, only then will backfilling commence. o Drive Sheets – 5 weeks o Install Cap/Plugs – 3 weeks o Backfill – 1 week.
Construction Duration for Proposed Platform – 12 weeks. Commencing at the completion of the bulkhead, this work occurs only after the site is stabilized. o Drive Piles – 6 weeks o Install Caps – 2 weeks o Install Planks – 3 weeks o Finishes – 1 week
Construction Duration for proposed Floating Docks – 3 weeks o Drive Piles – 2 weeks o Install Docks – 1 week. o Demobilization – 1 day
8. Regulatory Compliance – Justification of Project
As per the tidal regulation 6 CRR-NY 661.5 “the compatibility of a particular use depends on the particular location, design and probable impacts of the proposed use.” This proposed platform and floating docks, is consistent with both the existing surrounding area. It is also consistent with the preservation, protection, and enhancement of the present and potential value of the Village of Freeport’s local marine environment. Recognized as a Significant Maritime Center, this proposed project aligns with the Villages goal to preserve, protect, and enhance their significant maritime center. This proposed action is consistent with the surrounding area. Docks and platforms are common along Woodcleft Canal. These docks, piers, and platforms fulfill their purpose as water dependent uses supporting this regional maritime center, which includes, local restaurants, hotels, seafood markets, boat facilities and marinas. The proposed project will allow the Owner and public access to water depended recreational activities will be preserving and stabilizing a deteriorating waterfront. Furthermore, the project furthers the vision outlined in the local jurisdictions Downtown Revitalization Initiative. Per NYCRR, Tidal Wetlands Adjacent Area (TWAA) jurisdiction extends landward 300 ft from the NYSDEC mapped tidal wetland boundary or to the 10 foot above mean sea level contour. On this site, due to the (a) failure of the existing bulkhead and (b) the fact that the site is below USGS
Woodcleft Avenue Waterfront Reconstruction Freeport, NY
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December 2020
EL +10, the entire site is in the TWAA. This is even though the navy wall bulkhead on the south side of the site remains functional and in good condition. As discussed in the habitat section, the tidal wetland boundary coincides with Mean High Water due to the absence of tidal wetland plant communities. Furthermore, NYSDEC does not consider the project site a Critical Environment Area, nor does it contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered. The purpose of the Protection of Waters Program is to “preserve and protect [New York] lakes, rivers, streams and ponds,” and that “Comprehensive planning is undertaken for the protection, conservation, equitable and wise use and development of the water resources of the state to the end that such water resources be not wasted and shall be adequate to meet the present and future needs for domestic, municipal, agricultural, commercial, industrial, power, recreational, and other public, beneficial purposes.” See ECL § 15-0105. The regulations adopted under these statutes are intended to effectuate these objectives, and thus are to be construed consistent with these legislative goals.
For a Protection of Waters permit, an applicant needs to show that the proposed project:
Is reasonable and necessary. Would not endanger the public health, safety, or welfare; and Would not cause unreasonable, uncontrolled, or unnecessary damage to natural resources
of the state. As described in the narrative above, the applicant feels that the proposed action of rebuilding the decayed bulkhead, improving the waterfront of the Freeport Nautical Mile through the installation of a platform, including public esplanade, and floating docks is reasonable and necessary work to support the long-term economic vitality of the Village of Freeport. As discussed in detail in Section 7.1: Alternatives Analysis, the proposed action results in no major impacts to the site and aligns with the current and future uses of the property and its surroundings. The repaired bulkhead will stabilize the upland site and adjacent properties. The platform, which is designed to the highest standard, will provide an anchor for the Freeport Nautical Mile support an economic use that aligns to the local areas vision for future development. The small size and draft of the floating docks will not cause unreasonable, uncontrolled, or unnecessary damage to natural resources of the state. Furthermore, as described in Section 6: “Project Impacts” and Section 7: “Mitigation of Impacts” of this narrative, the proposed project satisfies the foregoing standards for issuance of the Protection of Waters permit. As described above, the impacts imposed by the project are present, but are mitigated on site by the design selection, and balancing of the overall waterfront. Impacts to aquatic and wetland habitats, water quality, hydrology, and water course and waterbody integrity are also offset by the removal of the fueling station.
Section II
New York District United States Army Corps of Engineers
JOINT APPLICATION FORMFor 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:N S Department of Environmental Conservation Check here to confirm you sent this form to NYSDEC.
Check all permits that apply: Dams and Impound-ment Structures
401 Water Quality Certification
Freshwater Wetlands
Tidal Wetlands
Wild, Scenic and Recreational Rivers
Coastal Erosion Management
Water Withdrawal
Long Island Well
Incidental Take of Endangered / Threatened Species
Stream Disturbance
Excavation and Fill in Navigable Waters
Docks, Moorings or Platforms
US Army Corps of Engineers Check here to confirm you sent this form to USACE.Check all permits that apply: Section 404 Clean Water Act Section 10 Rivers and Harbors ActIs the project Federally funded? Yes No
If yes, name of Federal Agency: General Permit Type(s), if known:Preconstruction Notification: Yes No
NY Office of General Services Check here to confirm you sent this form to NYSOGS.Check all permits that apply:
State Owned Lands Under WaterUtility Easement (pipelines, conduits, cables, etc.) Docks, Moorings or Platforms
NY Department of State Check here to confirm you sent this form to NYSDOS.Check if this applies: Coastal Consistency Concurrence
2. Name of Applicant Taxpayer ID (if applicant is NOT an individual)
Mailing Address Post Office / City State Zip
Telephone EmailApplicant Must be (check all that apply): Owner Operator Lessee
3. Name of Property Owner (if different than Applicant)
Mailing Address Post Office / City State Zip
Telephone Email
For Agency Use Only Agency Application Number:
JOINT APPLICATION FORM 08/16 Page 1 of 4
NBD Holdings, LLC 82-1656838
333 Jericho Turnpike, Suite 126 Jericho NY 11753
516-443-3805 [email protected]
JOINT APPLICATION FORM – Continued. Submit this completed page as part of your Application.
4. Name of Contact / Agent
Mailing Address Post Office / City State Zip
Telephone Email
5. Project / Facility Name Property Tax Map Section / Block / Lot Number:
Project Street Address, if applicable Post Office / City State ZipNY
Provide directions and distances to roads, intersections, bridges and bodies of water
Town Village City County Stream/Waterbody Name
Project Location Coordinates: Enter Latitude and Longitude in degrees, minutes, seconds:Latitude: ' " Longitude: ' "
6. Project Description: Provide the following information about your project. Continue each response and provideany additional information on other pages. Attach plans on separate pages.
a. Purpose of the proposed project:
b. Description of current site conditions:
c. Proposed site changes:
d. Type of structures and fill materials to be installed, and quantity of materials to be used (e.g., square feet ofcoverage, cubic yards of fill material, structures below ordinary/mean high water, etc.):
e. Area of excavation or dredging, volume of material to be removed, location of dredged material placement:
f. Is tree cutting or clearing proposed? Yes If Yes, explain below. No Timing of the proposed cutting or clearing (month/year):Number of trees to be cut: Acreage of trees to be cleared:
JOINT APPLICATION FORM 08/16 Page 2 of 4
Shea Thorvaldsen
1 Van Houten Street Nyack NY 10960
917-426-6788 [email protected]
Woodcleft Ave Waterfront Rehabilitation S: 62|B: 177|L:339, 526, 548, 541, & 542
447 Woodcleft Avenue Freeport 11520
The site lies alongside the southernmost 350 LF of Woodcleft Avenue, on its eastern side and is adjacent to both Woodcleft Canal to the east and Long Creek to the south
Freeport NY Woodcleft Canal / Long Creek
40 37 41.03 73 34 50.36
Removal of the existing dilapidated timber bulkhead and install a new fiber-reinforced polymer (FRP) sheet pile bulkhead w/ concrete cap and deadman anchors, and construct a pile supported platform comprised of steel pipe piles, precast concrete pile caps, and precast concrete planks seaward of the new bulkhead. Approximate 6,300 SF of floating docks will be installed seaward of the bulkhead and platform.
The existing site is a vacant lot with a shoreline comprised of a dilapidated timber navy wall bulkhead and various debris.
The new bulkhead will stabilize the shoreline, which was compromised during Hurricane Sandy and continues to erode. The new bulkhead aligment represents a net cut of ~134 CY of fill below MHHW compared to the previously approved layout. In addition to the new bulkhead, a platform measuring ~6,270 SF and floating docks amounting to 4,940 SF will also be installed.
For coverage and fill numbers, refer to "c". The proposed materials include ~477 LF of FRP sheet piles, ~ 33 12" dia. steel pipe piles. The remainder of the materials will remain above MHHW and include: ~477 LF of cast-in-place bulkhead cap, ~6 pre-cast concrete pile caps, ~6,270 SF of pre-cast concrete planks, railings, and architectural finishes and furniture for the waterfront area.
There is no dredging associated with this project.
JOINT APPLICATION FORM – Continued. Submit this completed page as part of your Application.
g. Work methods and type of equipment to be used:
h. Describe the planned sequence of activities:
i. Pollution control methods and other actions proposed to mitigate environmental impacts:
j. Erosion and silt control methods that will be used to prevent water quality impacts:
k. Alternatives considered to avoid regulated areas. If no feasible alternatives exist, explain how the project willminimize impacts:
l. Proposed use: Private Public Commercial
m. Proposed Start Date: Estimated Completion Date:
n. Has work begun on project? Yes If Yes, explain below. No
o. Will project occupy Federal, State, or Municipal Land? Yes If Yes, explain below. No
p. List any previous DEC USACE Permit / Application numbers for activities at this location:
q. Will this project require additional Federal, State, or Local s, including zoning changes?
Yes If Yes, list below. No
JOINT APPLICATION FORM 08/16 Page 3 of 4
A majority of the work will occur from barges. All new piles will be driven by a barge-based pile driver. Pile caps and planks will be delivered by barge and installed via crane (land or barge-based). The CIP bulkhead cap will be poured from land using standard 8CY concrete trucks. Finishes will be installed via land using small hand tools.
1: Installation of debris boom/turbidity curtain(s). 2: Demolition of remaining dilapidated bulkhead. 3: Installation of FRP sheet piles. 4: Installation of CIP concrete cap and soil anchors. 5: Installation of steel pipe piles. 6: Installation of pre-cast caps and planks. 7: (from land) Installation of railings, architectural finishes, and furniture. 8: Demobilize.
Project will implement best management practices to mitigate environmental impacts. Debris booms and or turbidity curtains will be deployed around the project area and spill protection will be utilized on work barge(s). Contractor(s) will attempt to prevent materials from entering the water way and will employ a jon boat to retrieve any that do.
A turbidity curtain will be installed in the water, and upland methods, such as the use of straw bales, will be utilized as needed during the bulkhead work; however, once installed, no further erosion is anticipated to occur. The turbidity curtain will remain in place to mitigate the temporary impacts to water quality during construction.
No feasible alternatives exist that would avoid the regulated areas. The alternative chosen balances the impacts to the water with the need to stabilize the site and provide additional waterfront space. Contractor will utilize best management practices to minimize and mitigate impacts during construction.
9/1/2022 4/28/2023
1-2820-01161/00012
-USACE, DOS, Town of Hempstead Dept of Conservation and Waterways; Village of Freeport Building Department -No zoning changes are required.
12/15/2020
12/15/2020
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 of New York. Please provide complete answers to all questions below which are relevant to your project. Any answers may be continued on separate sheet(s) of paper to be attached to this form.
PRIVACY ACT STATEMENT The purpose of this form is to provide the Corps of Engineers with basic information regarding your project. This information will be used to facilitate evaluation of your permit 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 of your application.
GENERAL—APPLICABLE TO ALL PROJECTS
1. Explain the need for, and purpose of, the proposed work. The existing bulkhead is currently failing and does not meet the require elevation of the Freeport’s building code. Presently, the shoreline is dangerous, and the compromised portion presents a threat from storm surges and flooding to the site and neighboring properties. The purpose of the proposed work is to stabilize and secure the site, and create increase public access to the waterfront at the periphery of the site be adding a new platform and floating docks. The restoration of floating docks reconfigures berthing parallel to the canal, reducing encroachnment into the navigable waterway, increasing safety.
2. Provide the names and addresses of property owners adjacent to your work site (if not shown on the application form or project drawings). Names and addresses of adjacent property owners (within 200 feet of the project site) are listed in Section IX. (Please note that depending upon the nature and extent of your project, you may be requested to provide the names and addresses of additional property owners proximate 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 separate copy of your 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 of photographs so as to provide a clear understanding of conditions on and proximate to your project site. Site photographs are included in Section VI as well as the narrative.
4. Provide a copy of any environmental impact statement, or any other environmental report which was prepared for your project. Additional environmental information is included in Section III.
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). Please see the Alternative Analysis included as item 7.1 of the Project Narrative included as part of this permit application.
DREDGING PROJECTS
Answer the following if your project involves dredging. The project does not involve 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? N/A
2. You can apply for a 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 of material to be removed during future events. N/A
3. Indicate of your drawings the dewatering area (if applicable) and disposal
site for the dredged material (except landfill sites). Submit a sufficient number of 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. N/A
4. Describe the method of dredging (i.e. clamshell, dragline, etc.) and the
expected duration of dredging. N/A
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. For beach nourishment projects, grain size analysis data is required. N/A
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. N/A
MOORING FACILITIES
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, non- commercial 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). The proposed facility will be used for commercial (charter), transient, and seasonal recreational boating. None of the docks or finger piers will be fixed structures; the main docks are 8 ft wide, and the fingers 40 inches wide. They will only have a draft of 8 inches, and the distance between the waterway bottom and the docks will never be less than 2 feet.
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. The floating docks are designed to accommodate a maximum of 35 vessels at a time (depending on size) ranging from 10’-120 LOA. All vessel would berth parallel to the canal, which will increase navigation space at the entrance to the canal, providing for a safer boating experience.
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. If pumpout facilities are not planned, please discuss the rationale below and indicate the distance to the nearest available pumpout station. The capacity of the facility is approximate 35 vessels at any one time, depending on size. There are no fueling or sewage pumpout facilities planned, as the vessels anticipated to use the facility have separate homeports that offer these amenities. Furthermore, the existing gas dock that is on site has been decommissioned and will not be reinstalled.
4. Indicate on your plan view the distance to adjacent marine structures, if any are proximate and show the locations and dimensions of such structures. The above information has been added to the plan drawing.
5. Discuss the need for wave protection at the proposed facility. Please 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 of passing 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. The facility does not need wave protection; however, the proposed design is accounts for the existing and anticipated wave and wake conditions at the site and is designed to withstand them.
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 of spring high tide in tidal areas and below ordinary high water in non-tidal areas. A previous bulkhead was permitted for this site under application number 1-2820-01161/00012. The application represents a realignment which would actually see a portion of the bulkhead move landward, representing a cut of ~134 CY of fill below MHHW. Accounting for the structures listed below, the net cut for this project is 18 CY.
2. Indicate the source(s) and type(s) of fill material. Steel Pipe Pile: 7.3 Cy Timber Pile Piles: 26.8 CY Floating Docks (8” draft): 75.9 CY Floating Finger Piers (8” draft): 5.5 CY
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 of such waters and/or wetlands to be filled, and show on the plan and sectional views. Fill behind the bulkhead will be placed by excavator. No temporary fills will be needed in the waterway.
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 your project which you believe may facilitate our review.
Section III
New York State Department of Environmental Conservation
STRUCTURAL ARCHAEOLOGICALASSESSMENT FORM (SAAF)
PART 1 – APPLICANT COMPLETES
1. Applicant Name:
2. Applicant Address:
3. Project/Facility Name:
4. Project/Facility Location:
5. Is the proposed project adjacent to, or does it contain a building or structure listed in the State or NationalRegister of Historic Places? Yes No
6. Are there any buildings or structures 50 years old or older adjacent to or within the proposed project area?Yes 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 theState or National Register of Historic Places or 50 years old or older? Yes No
If yes, describe briefly (use attachments if necessary):
APPLICANT INFORMATION
PROJECT INFORMATION
NBD Holdings, LLC
333 Jericho Turnpike, Suite 126, Jericho, NY 11753
Woodcleft Avenue Waterfront Reconstruction
447 Woodcleft Avenue, Freeport, New York, 11520
8. Provide photographs of every building and structure that may be impacted by the project as described innumber 7, on the opposite side of this page. The following standards are recommended:
Minimum of 2 photographsPhotographs must be 3.5” x 5” in size or largerPhotos must be clear and focusedDigital photographs must be printed on photo paper and be produced at a printer setting of aminimum of 600 dpiClearly label photos so it is obvious what is being illustrated; key photos to map or plan, if possiblePhoto 1: show both the entire front and side of the structure in a single shot from as close to thebuilding as possible. Be sure the structure is not partially or fully blocked by trees or otherobstructionsPhoto 2: show relationship of building or structure to roadway or surroundings
9. Has the land within the proposed project area been previously disturbed or altered (excavated, landscaped,filled, utilities installed)? Yes No
If yes, describe briefly, including depth of disturbance (use attachments if necessary):
10. Approximate percentage of proposed project area with slopes:0-10% ____ %
10-15% ____%
15% or greater ____%
11. Approximate percentage of proposed project site with the following drainage characteristics:
Well drained ____%
Moderately well drained ____%
Poorly drained ____%
Prepared By (Print or type name):
Signature: Date:
Previous disturbances include foundations for buildings, bulkbhead, piers, wharfs, and floating docks.
10
0
0
100
Shea Throvaldsen
PART 2 – DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) COMPLETES
1.Applicant Name:
2. Project/Facility Name:
3. DEC Number:
4. Might the proposed project have any impact (physical/visual) upon any buildings or structures listed in theState or National Register of Historic Places or 50 years old or older? Yes 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 of this form.
5. Does the proposed project area coincide with a circle, square or stippled area on OPRHP’s StatewideArchaeological Inventory Map? Yes No
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 No
9. Is the slope in the area characteristically less than 15% (unless on limestone/flint escarpments)?Yes No
APPLICANT/PROJECT INFORMATION
BUILDINGS AND STRUCTURES
ARCHAEOLOGICAL SITES
8. Provide photographs of every building and structure that may be impacted by the project as described innumber 7, on the opposite side of this page. The following standards are recommended:
Minimum of 2 photographsPhotographs must be 3.5” x 5” in size or largerPhotos must be clear and focusedDigital photographs must be printed on photo paper and be produced at a printer setting of aminimum of 600 dpiClearly label photos so it is obvious what is being illustrated; key photos to map or plan, if possiblePhoto 1: show both the entire front and side of the structure in a single shot from as close to thebuilding as possible. Be sure the structure is not partially or fully blocked by trees or otherobstructionsPhoto 2: show relationship of building or structure to roadway or surroundings
9. Has the land within the proposed project area been previously disturbed or altered (excavated, landscaped,filled, utilities installed)? Yes No
If yes, describe briefly, including depth of disturbance (use attachments if necessary):
10. Approximate percentage of proposed project area with slopes:0-10% ____ %
10-15% ____%
15% or greater ____%
11. Approximate percentage of proposed project site with the following drainage characteristics:
Well drained ____%
Moderately well drained ____%
Poorly drained ____%
Prepared By (Print or type name):
Signature: Date:
Previous disturbances include foundations for buildings, bulkbhead, piers, wharfs, and floating docks.
10
0
0
100
Shea Throvaldsen
12/15/2020
( 02)New York State Department of Environmental Conservation
Division of Environmental Permits
APPLICATION FOR PERMIT: FLOATING OBJECTS OTHER THAN AIDS TO NAVIGATIONSection 35-a Navigation Law
1A. NAME AND ADDRESS OF APPLICANT
Name:
1B. - AIL ADDRESS (Optional)
2. TYPE OF FLOATING OBJECT PROPOSED Restricted Area Marker Hazard Warning Marker Information Marker Controlled Area Marker Mooring Buoy(s) Special Anchorage Area
Marker Other (Identify) _____________________________
Street Address: Phone:
City: State: Zip Code:
3. LOCATION OF FLOATING OBJECT
Waterway City/Town County
4A. ARE YOU THE ADJACENT UPLAND OWNER TO WHERE THEFLOATING OBJECT(S) WILL BE PLACED?
Yes No
4B. ARE YOU THE FEE OWNER OF THE UNDERWATER LANDS OVER WHICHTHE FLOATING OBJECT(S) WILL BE PLACED?
Yes No
5A. NAME AND ADDRESS OF CONTACT PERSON (if different than applicant). 5B. Telephone Number:
5C. -Mail Address (Optional):
6. EXPLAIN REASON FOR PLACING FLOATING OBJECT(S):
7. EXPLAIN TYPE AND QUANTITY OF BOATING TRAFFIC IN THE AREA WHERE THE FLOATING OBJECT WILL BE PLACED:
8. ARE YOU AWARE OF ANY OBJECTION TO THE PLACING OF THIS OBJECT FROM ADJACENT LANDOWNERS, LOCAL GOVERNMENTOFFICIALS OR ANY OTHER PERSON? Yes No If “Yes”, explain on separate sheet.
9. WILL THE EXISTENCE OF THIS FLOATING OBJECT IN ANY WAY OBSTRUCT OR ENDANGER NAVIGATION, OR OBSTRUCT OR OTHERWISEHINDER SAFE ACCESS TO ANOTHER PERSON’S PROPERTY? Yes No If “Yes”, explain on separate sheet.
INSTRUCTIONSNOTE: Please Read and Follow Instructions Carefully.
1. Complete all sections (Items #1-9). Failure to submit a complete application will delay processing of your application.
2. Refer to checked boxes on attached transmittal letter for additional required items.
3. The application form must bear an original signature.
I hereby affirm that information provided on this form and all attachments submitted herewith is true to the best of my knowledge and belief. Falsestatements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the applicant accepts fullresponsibility for all damage, direct or indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and agrees toindemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from said project.
Date Signature of Applicant Title12/15/2020
APPLICATION FOR PERMITFOR THE CONSTRUCTION, RECONSTRUCTION OR EXPANSION OF
DOCKING AND MOORING FACILITIES(Including Platforms and Breakwaters)
PTYPE OR PRINT CLEARLY IN INK.A
FOR AGENCY USE ONLY
DEC APPLICATION NUMBER:
U.S. ARMY CORPS OF ENGINEERS APPLICATION NUMBER:
PROJECT CONSTRUCTION DESCRIPTION:
1. TYPE OF ACTIVITY:
New Facility Construction Substantial Reconstruction Expansion Change in Use
2. CAPACITY OF DOCKING FACILITY OR MOORING AREA:
Maximum number of boats to be docked:
Maximum number of boats to be moored:
Boat type and size ranges to be served:
Total surface area of facility perimeter: square feet
3. IDENTIFY STRUCTURE TYPES AND THE USE OF SUCH STRUCTURES, INCLUDE SIZE, TYPE OF CONSTRUCTION AND MATERIALS TO BE USED, IFSUBSTANTIAL RECONSTRUCTION IS REQUIRED, EXPLAIN EXTENT OF ACTIVITY INCLUDING PERCENTAGE OF THE TOTAL STRUCTURE SIZEAFFECTED.
(continue on attached sheet if necessary)
4. FOR NEW FACILITY, EXPANSION OF EXISTING FACILITY OR CHANGE IN USE, CHECK APPROPRIATE ITEMS AND DESCRIBE THE SERVICES TO BEPROVIDED:
Water Supply:
Sewage Disposal:
Electrical Supply:
Gas Supply:
Gasoline/Oil Supply:
Other:
(continue on attached sheet if necessary)
5. SIGNATURE: DATE:
Woodcleft Avenue Waterfront Construction
✔ ✔
<40
0
fishing boats, recreational vessels 10 - 120 LOA
10,800
FLOATING DOCKS: prefabricated floating docks used to berth recreation vessels along Woodcleft Canal and Swift creek. Docks will be constructed of aluminum or steel frames, with a hardwood, composite wood, or recycled plastic lumber deck, and molded plastic floats. These docks replace historical docks that were in place before Hurricane Sandy; however, the new docks will be installed parallel to the channel, set back from the channel offshore and will provide for safer navigation into the mouth of the canal.
Fresh water will be supplied to the docks✔
✔
N/A
Electrical power (250- 500 amp service) will be supplied to the docks
✔
N/A
An existing gas station and assoaciated underground tanks will be removed
N/A
Reset
A P P L I C A B I L I T Y
1. The construction, reconstruction or expansion of docking or mooring facilities on, in or above state-ownedlands under water requires authorization from the New York State Office of General Services. Forapplication requirements contact: New York State Office of General Services, Division of Real PropertyPlanning, Bureau of Land Management, Empire State Plaza, Corning Tower, 26th Floor, Albany, NY12242. A permit pursuant to Article 15, Title 5 of the Environmental Conservation Law may not berequired from the Department of Environmental Conservation in these circumstances.
2. The determination that no permit is required from the New York State Department of EnvironmentalConservation does not necessarily mean that no permit is required from the Unites States Army Corpsof Engineers. All parties considering constructing projects within the navigable waters of the State shouldconsult directly with the United States Army Corps of Engineers to accurately determine whatrequirements apply.
I N S T R U C T I O N S
1. Application shall include four (4) copies of this form, a map showing the facility location, scaled plans,cross-sections and specifications depicting all major structures and the delineated facility perimeters thatinclude a reference point tied to a permanent structure or significant natural features.
2. This application must be accompanied by a New York State Department of Environmental ConservationJOINT APPLICATION FOR PERMIT (95-19-3).
3. Applications shall be submitted to the Regional Permit Administrator at the appropriate office of theDepartment, as indicated on the JOINT APPLICATION FOR PERMIT.
4. Construction, reconstruction or installation of docking and mooring structures shall NOT be started untila permit authorizing such activity has been issued by the New York State Department of EnvironmentalConservation.
5. The following definitions as listed in 6 NYCRR Part 608.1 apply.
Docking Facility means any marine, boat basin, marine terminal, and any other areas on navigablewaters containing a single structure or a collection of related structures, such as docks, piers,platforms, bulkheads, breakwaters, and pilings, used for the reception, securing, and protection ofboats, ships, barges or other water craft.
Mooring means a float, buoy, chain, cable, rope, pile, spar, dolphin or any other device orcombination of devices that are anchored or fixed in navigable waters of the state to which a vesselcan be made fast.
Mooring Area means a collection of individual moorings located within a definable area of navigablewaters of the state and under single private ownership or control.
Perimeter means a boundary of a docking facility or mooring area consisting of a series ofconnected imaginary lines on a plan or map, encompassing all related structures such as docks,bulkheads, breakwaters, pilings, piers, platforms or moorings and the travel lanes and berthingareas that function together to create a facility or area at which vessels may be docked or moored.
Platform means a generally horizontal, flat surface located in, on or over a waterbody, on whichstructures can be constructed or any activities can be conducted.
Substantial reconstruction of structures means restoration or rebuilding, involving fifty percent(50%) or more of an existing fixed structure’s surface area.
Page 1 of 13
Full Environmental Assessment FormPart 1 - Project and Setting
Instructions for Completing Part 1
Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding,are subject to public review, and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond toany item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary toupdate or fully develop that information.
Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question thatmust be answered either “Yes” or “No”. If the answer to the initial question is “Yes”, complete the sub-questions that follow. If theanswer to the initial question is “No”, proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part 1is accurate and complete.
A. Project and Sponsor Information.
Name of Action or Project:
Project Location (describe, and attach a general location map):
Brief Description of Proposed Action (include purpose or need):
Name of Applicant/Sponsor: Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
Project Contact (if not same as sponsor; give name and title/role): Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
Property Owner (if not same as sponsor): Telephone: E-Mail:
Address:
City/PO: State: Zip Code:
Page 2 of 13
B. Government Approvals
B. Government Approvals Funding, or Sponsorship. (“Funding” includes grants, loans, tax relief, and any other forms of financialassistance.)
Government Entity If Yes: Identify Agency and Approval(s) Required
Application Date (Actual or projected)
a. City Town , Yes Noor Village Board of Trustees
b. City, Town or Village Yes No Planning Board or Commission
c. City Town or Yes No Village Zoning Board of Appeals
d. Other local agencies Yes No
e. County agencies Yes No
f. Regional agencies Yes No
g. State agencies Yes No
h. Federal agencies Yes No
i. Coastal Resources.i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? Yes No
ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? Yes No iii. Is the project site within a Coastal Erosion Hazard Area? Yes No
C. Planning and Zoning
C.1. Planning and zoning actions.Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the Yes No only approval(s) which must be granted to enable the proposed action to proceed?
If Yes, complete sections C, F and G.If No, proceed to question C.2 and complete all remaining sections and questions in Part 1
C.2. Adopted land use plans.
a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site Yes No where the proposed action would be located?
If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action Yes No would be located? b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway Yes No
Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan;or other?)
If Yes, identify the plan(s): _______________________________________________________________________________________________________
________________________________________________________________________________________________________ ________________________________________________________________________________________________________
c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, Yes Noor an adopted municipal farmland protection plan?
If Yes, identify the plan(s): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________
Page 3 of 13
C.3. Zoning
a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. Yes NoIf Yes, what is the zoning classification(s) including any applicable overlay district?
__________________________________________________________________________________________________________________________________________________________________________________________________________________
b. Is the use permitted or allowed by a special or conditional use permit? Yes No
c. Is a zoning change requested as part of the proposed action? Yes No If Yes,
i. What is the proposed new zoning for the site? ___________________________________________________________________
C.4. Existing community services.
a. In what school district is the project site located? ________________________________________________________________
b. What police or other public protection forces serve the project site? _________________________________________________________________________________________________________
c. Which fire protection and emergency medical services serve the project site?__________________________________________________________________________________________________________
d. What parks serve the project site?____________________________________________________________________________________________________________________________________________________________________________________________________________________
D. Project Details
D.1. Proposed and Potential Development
a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include allcomponents)?_________________________________________________________________________________________________________
b. a. Total acreage of the site of the proposed action? _____________ acres b. Total acreage to be physically disturbed? _____________ acres c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? _____________ acres
c. Is the proposed action an expansion of an existing project or use? Yes No i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units,
square feet)? % ____________________ Units: ____________________d. Is the proposed action a subdivision, or does it include a subdivision? Yes No If Yes,
i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types)________________________________________________________________________________________________________
ii. Is a cluster/conservation layout proposed? Yes No iii. Number of lots proposed? ________iv. Minimum and maximum proposed lot sizes? Minimum __________ Maximum __________
Yes No _____ months
_____ _____ month _____ year
Will proposed action be constructed in multiple phases?If No, anticipated period of construction:If Yes:
Total number of phases anticipatedAnticipated commencement date of phase 1 (including demolition)Anticipated completion date of final phase _____ month _____year Generally describe connections or relationships among phases, including any contingencies where progress of one phase maydetermine timing or duration of future phases: _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Page 4 of 13
f. Does the project include new residential uses? Yes No If Yes, show numbers of units proposed.
One Family Two Family Three Family Multiple Family (four or more)
Initial Phase ___________ ___________ ____________ ________________________ At completion of all phases ___________ ___________ ____________ ________________________
g. Does the proposed action include new non-residential construction (including expansions)? Yes No If Yes,
i. Total number of structures ___________ii. Dimensions (in feet) of largest proposed structure: ________height; ________width; and _______ length
iii. Approximate extent of building space to be heated or cooled: ______________________ square feet
h. Does the proposed action include construction or other activities that will result in the impoundment of any Yes No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage?
If Yes, i. Purpose of the impoundment: ________________________________________________________________________________
ii. If a water impoundment, the principal source of the water: Ground water Surface water streams Other specify:_________________________________________________________________________________________________________
iii. If other than water, identify the type of impounded/contained liquids and their source._________________________________________________________________________________________________________
iv. Approximate size of the proposed impoundment. Volume: ____________ million gallons; surface area: ____________ acres v. Dimensions of the proposed dam or impounding structure: ________ height; _______ length
vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete):________________________________________________________________________________________________________
D.2. Project Operationsa. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? Yes No
(Not including general site preparation, grading or installation of utilities or foundations where all excavatedmaterials will remain onsite)
If Yes:i .What is the purpose of the excavation or dredging? _______________________________________________________________
ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site?Volume (specify tons or cubic yards): ____________________________________________Over what duration of time? ____________________________________________________
iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them.________________________________________________________________________________________________________________________________________________________________________________________________________________
iv. Will there be onsite dewatering or processing of excavated materials? Yes NoIf yes, describe. ___________________________________________________________________________________________________________________________________________________________________________________________________
v. What is the total area to be dredged or excavated? _____________________________________acresvi. What is the maximum area to be worked at any one time? _______________________________ acres
vii. What would be the maximum depth of excavation or dredging? __________________________ feetviii. Will the excavation require blasting? Yes No ix. Summarize site reclamation goals and plan: _____________________________________________________________________
________________________________________________________________________________________________________ ________________________________________________________________________________________________________
b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment Yes No into any existing wetland, waterbody, shoreline, beach or adjacent area?
If Yes: i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic
description): _______________________________________________________________________________________________________________________________________________________________________________________________________
Page 5 of 13
ii.
iii.
Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, oralteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Will proposed action cause or result in disturbance to bottom sediments? Yes NoIf Yes, describe: __________________________________________________________________________________________
iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation? Yes No If Yes:
a of vegetation proposed to be removed ___________________________________________________________ acreage of aquatic vegetation remaining after project completion ________________________________________
purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): ________________________________________________________________________________________________________________________________
proposed method of plant removal: ________________________________________________________________________if chemical/herbicide treatment will be used, specify product(s): _________________________________________________
v. Describe any proposed reclamation/mitigation following disturbance: __________________________________________________________________________________________________________________________________________________________
c. Will the proposed action use, or create a new demand for water? Yes No If Yes:
i. Total anticipated water usage/demand per day: __________________________ gallons/dayii. Will the proposed action obtain water from an existing public water supply? Yes No
If Yes:Name of district or service area: _________________________________________________________________________Does the existing public water supply have capacity to serve the proposal? Yes No Is the project site in the existing district? Yes No Is expansion of the district needed? Yes No Do existing lines serve the project site? Yes No
iii. Will line extension within an existing district be necessary to supply the project? Yes No If Yes:
Describe extensions or capacity expansions proposed to serve this project: ____________________________________________________________________________________________________________________________________________ Source(s) of supply for the district: ________________________________________________________________________
iv. Is a new water supply district or service area proposed to be formed to serve the project site? Yes No If, Yes:
Applicant/sponsor for new district: ________________________________________________________________________Date application submitted or anticipated: __________________________________________________________________Proposed source(s) of supply for new district: _______________________________________________________________
v. If a public water supply will not be used, describe plans to provide water supply for the project: ____________________________________________________________________________________________________________________________________
vi. If water supply will be from wells (public or private), maximum pumping capacity: _______ gallons/minute.
d. Will the proposed action generate liquid wastes? Yes No If Yes:
i. Total anticipated liquid waste generation per day: _______________ gallons/dayii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and
approximate volumes or proportions of each): ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
iii. Will the proposed action use any existing public wastewater treatment facilities? Yes NoIf Yes:
Name of wastewater treatment plant to be used: _____________________________________________________________Name of district: ______________________________________________________________________________________Does the existing wastewater treatment plant have capacity to serve the project? Yes No
Is the project site in the existing district? Yes No Is expansion of the district needed? Yes No
Page 6 of 13
Yes No Do existing sewer lines serve the project site?Will line extension within an existing district be necessary to serve the project? Yes No If Yes:
Describe extensions or capacity expansions proposed to serve this project: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
iv. Will a new wastewater (sewage) treatment district be formed to serve the project site? Yes No If Yes:
Applicant/sponsor for new district: ____________________________________________________________________Date application submitted or anticipated: _______________________________________________________________What is the receiving water for the wastewater discharge? __________________________________________________
v. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposedreceiving water (name and classification if surface discharge or describe subsurface disposal plans):
________________________________________________________________________________________________________________________________________________________________________________________________________________
vi. Describe any plans or designs to capture, recycle or reuse liquid waste: _______________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________
e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point Yes No sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non-pointsource (i.e. sheet flow) during construction or post construction?
If Yes:i. How much impervious surface will the project create in relation to total size of project parcel?
_____ Square feet or _____ acres (impervious surface) _____ Square feet or _____ acres (parcel size)
ii. Describe types of new point sources. ___________________________________________________________________________________________________________________________________________________________________________________
iii. Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties,groundwater, on-site surface water or off-site surface waters)?________________________________________________________________________________________________________________________________________________________________________________________________________________
If to surface waters, identify receiving water bodies or wetlands: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Will stormwater runoff flow to adjacent properties? Yes No
iv. Does proposed plan minimize impervious surfaces, use pervious materials or collect and re-use stormwater? Yes Nof. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel Yes No
combustion, waste incineration, or other processes or operations?If Yes, identify:
i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles)_________________________________________________________________________________________________________
ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers)________________________________________________________________________________________________________
iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation)________________________________________________________________________________________________________
g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, Yes No or Federal Clean Air Act Title IV or Title V Permit?
If Yes:i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet Yes No
ambient air quality standards for all or some parts of the year)ii. In addition to emissions as calculated in the application, the project will generate:
___________Tons/year ( ) of Carbon Dioxide (CO2)___________Tons/year ( ) of Nitrous Oxide (N2 )___________Tons/year ( ) of Perfluorocarbons (PFCs)___________Tons/year ( ) of Sulfur Hexafluoride (SF6)___________Tons/year ( ) of Carbon Dioxide equivalent of Hydroflo rocarbons (H )___________Tons/year ( ) of Hazardous Air Pollutants (HAPs)
Page 7 of 13
h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, Yes No landfills, composting facilities)?
If Yes:i. Estimate methane generation in tons/year (metric): ________________________________________________________________
ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat orelectricity, flaring): _________________________________________________________________________________________________________________________________________________________________________________________________
i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as Yes Noquarry or landfill operations?
If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): _________________________________________________________________________________________________________ _________________________________________________________________________________________________________
j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial Yes No new demand for transportation facilities or services?
If Yes:i. When is the peak traffic expected (Check all that apply): Morning Evening Weekend
Randomly between hours of __________ to ________.ii. For commercial activities only, projected number of truck trips/day
v.
Parking spaces: Existing _____________ Proposed ___________ Net increase/decrease _____________
Yes No vi. Are public/private transportation service(s) or facilities available within ½ mile of the proposed site?vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric Yes No
or other alternative fueled vehicles? viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing Yes No
pedestrian or bicycle routes?
k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand Yes No for energy?
If Yes:i. Estimate annual electricity demand during operation of the proposed action: ____________________________________________
_________________________________________________________________________________________________________ii. Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or
other):________________________________________________________________________________________________________
iii. Will the proposed action require a new, or an upgrade to an existing substation? Yes No
l. Hours of operation. Answer all items which apply.i. During Construction: ii. During Operations:
Monday - Friday: _________________________ Monday - Friday: ____________________________Saturday: ________________________________ Saturday: ___________________________________Sunday: _________________________________ Sunday: ____________________________________Holidays: ________________________________ Holidays: ___________________________________
Page 8 of 13
m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, Yes No operation, or both?
If yes: i. Provide details including sources, time of day and duration:
_______________________________________________________________________________________________________ _______________________________________________________________________________________________________
ii. Will proposed action remove existing natural barriers that could act as a noise barrier or screen? Yes No Describe: _________________________________________________________________________________________________ _________________________________________________________________________________________________________
n. W thill prope os actioed havn e outd lighoor ting? Yes No If yes: i. Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures:
__________________________________________________________________________________________________________________________________________________________________________________________________________________
ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? Yes NoDescribe: __________________________________________________________________________________________________________________________________________________________________________________________________________
o. Does the proposed action have the potential to produce odors for more than one hour per day? Yes NoIf Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearestoccupied structures: ______________________________________________________________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________
p. Yes No Will the proposed action include any bulk storage of petroleum ( over 1,100 gallons)or chemical products ?
If Yes: Product(s) to be stored ______________________________________________________________________________________Volume(s) ______ per unit time ___________ (e.g., month, year)Generally describe proposed storage facilities ________________________________________________________________________________________________________________________________________________________________________
q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, Yes No insecticides) during construction or operation?
If Yes:i. Describe proposed treatment(s):
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
ii. Will the proposed action use Integrated Pest Management Practices? Yes No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal Yes No
of solid waste (excluding hazardous materials)?If Yes:
i. Describe any solid waste(s) to be generated during construction or operation of the facility:Construction: ____________________ tons per ________________ (unit of time)Operation : ____________________ tons per ________________ (unit of time)
ii. Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste:Construction: ____________________________________________________________________________________________________________________________________________________________________________________________Operation: ______________________________________________________________________________________________________________________________________________________________________________________________
iii. Proposed disposal methods/facilities for solid waste generated on-site:Construction: ____________________________________________________________________________________________________________________________________________________________________________________________Operation: ______________________________________________________________________________________________________________________________________________________________________________________________
Page 9 of 13
s. Does the proposed action include construction or modification of a solid waste management facility? Yes No If Yes:
i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, orother disposal activities): ___________________________________________________________________________________
ii. Anticipated rate of disposal/processing:________ Tons/month, if transfer or other non-combustion/thermal treatment, or________ Tons/hour, if combustion or thermal treatment
iii. If landfill, anticipated site life: ________________________________ years
t. Will proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous Yes No waste?
If Yes: i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: ___________________________
__________________________________________________________________________________________________________________________________________________________________________________________________________________
ii. Generally describe processes or activities involving hazardous wastes or constituents: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
iii. Specify amount to be handled or generated _____ tons/monthiv. Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: ____________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________
v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? Yes No If Yes: provide name and location of facility: _______________________________________________________________________
________________________________________________________________________________________________________ If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility:
________________________________________________________________________________________________________ ________________________________________________________________________________________________________
E. Site and Setting of Proposed Action
E.1. Land uses on and surrounding the project sitea. Existing land uses.
i. Check all uses that occur on, adjoining and near the project site. Urban Industrial Commercial Residential (suburban) Rural (non-farm) Forest Agriculture Aquatic Other (specify): ____________________________________ ii. If mix of uses, generally describe:
__________________________________________________________________________________________________________ __________________________________________________________________________________________________________
b. Land uses and covertypes on the project site.Land use or Covertype
Current Acreage
Acreage After Project Completion
Change (Acres +/-)
Roads, buildings, and other paved or impervioussurfacesForestedMeadows, grasslands or brushlands (non-agricultural, including abandoned agricultural)Agricultural(includes active orchards, field, greenhouse etc.) Surface water features(lakes, ponds, streams, rivers, etc.) Wetlands (freshwater or tidal)Non-vegetated (bare rock, earth or fill)
OtherDescribe: _______________________________ ________________________________________
Page 10 of 13
c. Is the project site presently used by members of the community for public recreation? Yes No i. If Yes: explain: __________________________________________________________________________________________
d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed Yes No day care centers, or group homes) within 1500 feet of the project site?
If Yes, i. Identify Facilities:
________________________________________________________________________________________________________________________________________________________________________________________________________________
e. Does the project site contain an existing dam? Yes No If Yes:
i. Dimensions of the dam and impoundment:Dam height: _________________________________ feet Dam length: _________________________________ feet Surface area: _________________________________ acres Volume impounded: _______________________________ gallons OR acre-feet
ii. Dam s existing hazard classification: _________________________________________________________________________iii. Provide date and summarize results of last inspection:
_______________________________________________________________________________________________________ _______________________________________________________________________________________________________
f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, Yes No or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility?
If Yes:i. Has the facility been formally closed? Yes No
If yes, cite sources/documentation: _______________________________________________________________________ii. Describe the location of the project site relative to the boundaries of the solid waste management facility:
______________________________________________________________________________________________________________________________________________________________________________________________________________
iii. Describe any development constraints due to the prior solid waste activities: _________________________________________________________________________________________________________________________________________________
g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin Yes No property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste?
If Yes:i. Describe waste(s) handled and waste management activities, including approximate time when activities occurred:
_______________________________________________________________________________________________________ _______________________________________________________________________________________________________
h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any Yes No remedial actions been conducted at or adjacent to the proposed site?
If Yes: i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site Yes No
Remediation database? Check all that apply: Yes – Spills Incidents database Provide DEC ID number(s): ________________________________ Yes – Environmental Site Remediation database Provide DEC ID number(s): ________________________________ Neither database
ii. If site has been subject of RCRA corrective activities, describe control measures:_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? Yes No If yes, provide DEC ID number(s): ______________________________________________________________________________ iv. If yes to (i), (ii) or (iii) above, describe current status of site(s):
_______________________________________________________________________________________________________ _______________________________________________________________________________________________________
Page 11 of 13
v. Is the project site subject to an institutional control limiting property uses? Yes No If yes, DEC site ID number: ____________________________________________________________________________Describe the type of institutional control (e.g., deed restriction or easement): ____________________________________Describe any use limitations: ___________________________________________________________________________Describe any engineering controls: _______________________________________________________________________Will the project affect the institutional or engineering controls in place? Yes No Explain: _______________________________________________________________________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________
E.2. Natural Resources On or Near Project Sitea. What is the average depth to bedrock on the project site? ________________ feet
b. Are there bedrock outcroppings on the project site? Yes No If Yes, what proportion of the site is comprised of bedrock outcroppings? __________________%
c. Predominant soil type(s) present on project site: ___________________________ __________% ___________________________ __________% ____________________________ __________%
d. What is the average depth to the water table on the project site? Average: _________ feet
e. Drainage status of project site soils: Well Drained: _____% of ite Moderately Well Drained: _____% of site Poorly Drained _____% of ite
f. Approximate proportion of proposed action site with slopes: 0-10%: _____% of site 10-15%: _____% of site 15% or greater: _____% of site
g. Are there any unique geologic features on the project site? Yes No If Yes, describe: _____________________________________________________________________________________________
________________________________________________________________________________________________________
h. Surface water features.i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, Yes No
ponds or lakes)?ii. Do any wetlands or other waterbodies adjoin the project site? Yes No
If Yes to either i or ii, continue. If No, skip to E.2.i.iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, Yes No
state or local agency?iv. For each identified wetland and waterbody on the project site, provide the following information
Streams: Name ____________________________________________ Classification _______________________ Lakes or Ponds: Name ____________________________________________ Classification _______________________Wetlands: Name ____________________________________________ Approximate Size ___________________ Wetland No. (if regulated by DEC) _____________________________
v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired Yes No waterbodies?
If yes, name of impaired water body/bodies and basis for listing as impaired: _____________________________________________ ___________________________________________________________________________________________________________
i. Is the project site in a designated Floodway? Yes No
j. Is the project site in the 100 year Floodplain? Yes No
k. Is the project site in the 500 year Floodplain? Yes No
l. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? Yes No If Yes:
i. Name of aquifer: _________________________________________________________________________________________
Page 12 of 13
m. Identify the predominant wildlife species that occupy or use the project site: ______________________________ ______________________________ _______________________________ ______________________________ ______________________________ _______________________________ ______________________________
n. Does the project site contain a designated significant natural community? Yes No If Yes:
i. Describe the habitat/community (composition, function, and basis for designation): _____________________________________________________________________________________________________________________________________________
ii. Source(s) of description or evaluation: ________________________________________________________________________iii. Extent of community/habitat:
Currently: ______________________ acres Following completion of project as proposed: _____________________ acresGain or loss (indicate + or -): ______________________ acres
o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as Yes No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species?
p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of Yes Nospecial concern?
q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? Yes No If yes, give a brief description of how the proposed action may affect that use: ___________________________________________
________________________________________________________________________________________________________
E.3. Designated Public Resources On or Near Project Sitea. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to Yes No
Agriculture and Markets Law, Article 25-AA, Section 303 and 304?If Yes, provide county plus district name/number: _________________________________________________________________
b. Are agricultural lands consisting of highly productive soils present? Yes No i. If Yes: acreage(s) on project site? ___________________________________________________________________________
ii. Source(s) of soil rating(s): _________________________________________________________________________________
c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National Yes No Natural Landmark?
If Yes:i. Nature of the natural landmark: Biological Community Geological Featureii. Provide brief description of landmark, including values behind designation and approximate size/extent: ___________________
________________________________________________________________________________________________________ ________________________________________________________________________________________________________
d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? Yes No If Yes:
i. CEA name: _____________________________________________________________________________________________ii. Basis for designation: _____________________________________________________________________________________
iii. Designating agency and date: ______________________________________________________________________________
EAF Mapper Summary Report
1
2
Section IV
New York State Department of State Coastal Management Program
12/15/2020
Woodcleft Avenue Waterfront Revitalization Freeport, NY
Section IV December 2020 Page 1 of 7
Addendum to: New York State Department of State Coastal Management Program Federal Consistency Assessment Form
Applicant: NBD Holdings, LLC 333 Jericho Turnpike, Suite 126
Jericho, NY 11753 Agent: Shea Thorvaldsen
TMS Waterfront 1 Van Houten Street Nyack, NY 10960
Coastal Assessment Policy Discussion:
Coastal Assessment C.1.c (1):
Policy 1: Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational, and other compatible uses.
Wave, wake, and tidal action have accelerated erosion and undermined the existing structures, destabilizing the shoreline. Due to the site location - exposed to the Great South Bay and the current condition of the shoreline, the site is more susceptible to flooding, exacerbating the existing problems, making the shoreline unsafe, and putting adjacent properties at risk for flooding. Furthermore, runoff from the site flows unchecked into the Canal. Base work – Bulkhead reconstruction. As noted above, the site is in poor condition; the issued permit for bulkhead replacement expired during sale and transfer of the property ownership. Therefore, the bulkhead reconstruction is required to stabilize the property and surrounding area, prevent erosion, flood inundation, and further damage to adjacent structures. The new bulkhead will need to address sea level rise, long term resiliency, and the ability to withstand future storms. Waterfront Reconstruction – Platform and Floating Docks. The Owner seeks to return their property to the waterfront and maritime use intended. The proposed platform and floating docks will normalize the irregular shoreline improving navigation along the canal, set back the wave action (a buffer), promote local resiliency, and enhance public access to the waterfront. Furthermore, platform will create a continuous esplanade connecting the to the Woodcleft Scenic Pier and the Sea Breeze Park boardwalk. Floating docks relocated to the southern end will
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Section IV December 2020 Page 2 of 7
provide open space and recreational access and will maintain the historic water dependent use of this waterbody by giving vessels and area to safety harbor. Freeport has been and will be a nautical / waterfront community. This location was historically as shipyard servicing the military and commercial interests well into the 1960s. As such, the project serves to maintain the character, use, and waterfront access that will serve as a catalyst to the recovery of the Nautical Mile.
Coastal Assessment C.2.a (44):
Policy 44: Preserve and protect tidal and freshwater wetlands and preserve the benefits from these areas.
With the decommissioning of the fuel station on site, overall water quality and major risks to the environment will be significantly reduced. Moreover, due to the nature of the previous use, as a fueling and bait station, there will be fewer transiting and idling vessels.
The proposed areas for both the relocated floating docks and the platform do not contain any vegetated wetland or Submerged Aquatic Vegetation (SAV). Coverage from the floating docks is 4,940 SF; however, historically on the site there has been approximately 2,075 SF of floating docks, making the net increase in dock area approximately 2,865 SF. The floating docks will have an approximate draft of 8 inches, while the minimum water depth at mean lower low water (MLLW) at the site is approximately 6 feet. This depth is well above NYSDEC guidelines of 2 feet of clearance at MLLW and as such, there is no anger of the floating docks grounding or getting stuck in the mud. Furthermore, relocation and rearrangement of the floating docks involves no disturbance other than short term turbidity caused when removing or relocating anchors or pilings. All short-term impacts will be minimized with turbidity curtains and other best management practices. Coverage from the proposed platform will be 6,270 SF. It will reduce light penetration and the pipe pile supports may alter patterns of water flow. The platform will also provide access to the waterfront for all users
Short term impacts on water caused by driving piles may include increased turbidity. These impacts will be minimized by using turbidity curtains, low pressure jetting of pilings where possible and upland storage or barge storage of equipment.
In-water work due to bulkhead reconstruction and pile driving associated with the proposed platform will be limited and temporary. There are no discharges or effluent proposed with this work. Removal of debris and decaying bulkhead remains will have temporary, localized impacts on water due to erosion and exposure to the canal.
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Coastal Assessment C.2.b (11, 12, 17):
Policy 11: Buildings and other structures will be sited in the coastal area to minimize damage to property and the endangering of human lives caused by flooding and erosion.
The rehabilitated bulkhead and new platform will make an otherwise dangerous shoreline safe for the public once more. Local erosion, which has occurred since Hurricane Sandy, will be completely prevented and the previous effects will be reversed. Furthermore, the new bulkhead will be installed at a higher elevation, strengthening what is currently the weak point amongst the neighboring shorelines. The repairs will not only protect the project’s property, but also the neighboring properties and Woodcleft Avenue—which is at a lower elevation than the surrounding bulkheads—from flooding. While the entire site is within the flood plain, the structures will be designed to be resilient, and will be able to be inundated while withstanding the uplift and other hydrological forces anticipated. In addition, the floating docks will be designed to remain moored about their spuds in the event of floods and storm surges. Optionally, they can be removed prior to storm events that would make them a danger.
Policy 12: Activities or development in the coastal area will be undertaken so as to minimize damage to natural resources and property from flooding and erosion by protecting natural protective features including beaches, dunes, barrier islands and bluffs.
There are no beaches, dunes, barrier islands, or bluffs located in or near the project area. Local erosion, which has occurred since Hurricane Sandy, will be completely prevented and the previous effects will be reversed. Furthermore, the new bulkhead will be installed at a higher elevation, strengthening what is currently the weak point amongst the neighboring shorelines
Policy 17: Non-structural measures to minimize damage to natural resources and property from flooding and erosion shall be used whenever possible.
The site is located in an urbanized area with an existing bulkheaded shoreline on all sides of the canal. Due to the water depth, wake, and vicinity of the navigation channel, non structural measures are not effective and would not be possible.
Coastal Assessment C.2.c (7):
Policy 7: Significant coastal fish and wildlife habitats will be protected, preserved, and, where practical, restored so as to maintain their viability as habitats.
The project is adjacent to the Middle Hempstead Bay Significant Coastal Fish and Wildlife Habitat (see below on next page). The proposed project, through the removal of the fueling station, will
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Section IV December 2020 Page 4 of 7
greatly enhance and protect the area. Construction work is not anticipated to impact the area; all impacts are temporary and will recover. As stated previously, all BMP will be enacted to ensure the environment and surrounding habitat is protected.
Coastal Assessment C.2.h (19, 20):
Policy 19: Protect, maintain, and increase the level and types of access to public water related recreation resources and facilities.
The proposed project is adjacent to Seabreeze park, which had a public boardwalk, and Woodcleft Scenic Pier. The revitalized waterfront will connect to these to amenities to form a continuous public waterfront along Long Creek and Woodcleft canal. The proposed platform and floating docks will contribute to increase access to and use of the water—allowing for the mooring of recreational vessels, and the launching of kayaks and paddle boards.
Policy 2: Access to the publicly-owned 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.
Middle Hempstead Bay Significant Coastal Fish and Wildlife Habitat
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While the entire site is a private lot, as explained in the previous response, the end goal would be to provide a continuous and seamless waterfront experience.
Coastal Assessment C.3.a (2, 21, 22):
Policy 2: Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters.
A project supports the NYC harbor sightseeing and tour operations, which are classified as a water dependent use—Use Group 9—per Article 6 Chapter 2 Section 62-211 of the New York City Zoning Resolution and New York State Assembly Bill 8031 of the 2013-2014 session. Additionally, as per New York City’s Comprehensive Waterfront Plan, sightseeing vessels are one part of the strategy outlined in Goal 6: Enhance the Blue Network.
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.
As stated above under Policy 2, the project supports an active water dependent use.
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.
The proposed action directly supports water-related recreation, as it will be used as a landing for vessels providing NYC harbor sightseeing tours.
Coastal Assessment C.3.c (13, 14, 16):
Policy 13: 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 replacement programs.
The proposed bulkhead will be constructed of FRP sheeting, which has an expected lifespan of 75+ years. The concrete cap and platform has an anticipated useful life of 50 years, but with regular inspection and maintenance, this duration can be extended.
Policy 14: Activities and development, including the construction or reconstruction of erosion protection structures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations.
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Section IV December 2020 Page 6 of 7
At present, the compromised bulkhead is a conduit for storm surges and floodwaters inundating the site and surrounding properties. As such, activities and development, including the construction of the proposed project will greatly reduce site erosion.
Policy 16: Public funds shall only be used for 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 natural protective features.
No public funds are being used to develop or construct the project.
Coastal Assessment C.3.d (30, 38, 40):
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.
There will be no discharge or pollutants of any kind as part or the project.
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.
With the decommissioning of the fuel station on site, overall water quality and major risks to the environment will be significantly reduced. Moreover, due to the nature of the previous use, as a fueling and bait station, there will be fewer transiting and idling vessels.
The proposed areas for both the relocated floating docks and the platform do not contain any vegetated wetland or Submerged Aquatic Vegetation (SAV). Coverage from the floating docks is 4,940 SF; however, historically on the site there has been approximately 2,075 SF of floating docks, making the net increase in dock area approximately 2,865 SF. The floating docks will have an approximate draft of 8 inches, while the minimum water depth at mean lower low water (MLLW) at the site is approximately 6 feet. This depth is well above NYSDEC guidelines of 2 feet of clearance at MLLW and as such, there is no anger of the floating docks grounding or getting stuck in the mud. Furthermore, relocation and rearrangement of the floating docks involves no disturbance other than short term turbidity caused when removing or relocating anchors or pilings. All short-term impacts will be minimized with turbidity curtains and other best management practices. Coverage from the proposed platform will be 6,270 SF. It will reduce light penetration and the pipe pile supports may alter patterns of water flow. The platform will also provide access to the waterfront for all users
Woodcleft Avenue Waterfront Revitalization Freeport, NY
Section IV December 2020 Page 7 of 7
Short term impacts on water caused by driving piles may include increased turbidity. These impacts will be minimized by using turbidity curtains, low pressure jetting of pilings where possible and upland storage or barge storage of equipment. Policy 16: Effluent discharged from major steam electric generating and industrial facilities into coastal waters will not be unduly injurious to fish and wildlife and shall conform to state water quality standards.
There project does not include a steam electric generating or industrial facility, and no effluent—related or unrelated to said facilities—will be discharged into coastal waters as part of the project.
Section VIII
Drawings
Section VI
Photos
Woodcleft Avenue Waterfront Reconstruction Freeport, NY
Section V Page 1 of 6
December 2020
SITE PHOTOS
Photo 1: View of the shoreline and compromised timber bulkhead, looking south.
Photo 2: View of the shoreline and compromised timber bulkhead, looking north.
Woodcleft Avenue Waterfront Reconstruction Freeport, NY
Section V Page 2 of 6
December 2020
Photo 3: View of the southern bulkhead looking northeast from Woodcleft Scenic Pier.
Photo 4: View of southern half of the shoreline looking west from Woodcleft Canal.
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Section V Page 3 of 6
December 2020
Photo 5: View of the timber bulkhead, looking west. Note concrete building foundation at
extreme right of photo.
Photo 6: View of the northern portion of the bulkhead, looking west.
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Section V Page 4 of 6
December 2020
Photo 7: View of a failed portion of the timber bulkhead, including tie-rods and anchor piles,
looking south.
Photo 8: View of the existing floating dock and wave break, looking southeast.
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Section V Page 5 of 6
December 2020
Photo 9: View of sinkhole behind bulkhead, looking west.
Photo 10: View of failed bulkhead, looking north.
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Section V Page 6 of 6
December 2020
Photo 11: View of upland site, looking north.
Photo 12: View of upland site, bulkhead, and existing structure, looking south.
Section VII
Location Maps, Charts and Diagrams
Section VIII
Drawings
Woodcleft Avenue Waterfront Reconstruction Freeport, NY
Section VI Page 1 of 5
December 2020
LOCATION MAPS, CHARTS AND DIAGRAMS
NOAA Chart 12352
SITE LOCATION
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Section VI Page 2 of 5
December 2020
USGS Quad Map: Freeport, NY; 2019
SITE LOCATION
Woodcleft Avenue Waterfront Reconstruction Freeport, NY
Section VI Page 3 of 5
December 2020
Street Map – Google Maps 2020
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Section VI Page 4 of 5
December 2020
Aerial Photo – Google Earth
Woodcleft Avenue Waterfront Reconstruction Freeport, NY
Section VI Page 5 of 5
December 2020
FEMA Firmette
Section IX
Supplement
Woodcleft Avenue Waterfront Rehabilitation Freeport, NY
Section VIII Page 1 of 3
December 2020
SUPPLEMENTAL A: LIST OF ADJACENT PROPERTY OWNERS The following properties are located within a 200-foot radius of the project site:
Commercial/Vacant Land (Section 62, Block 177, Lot 334) Christopher Megaloudis & Kristine McKiernan 405 Woodcleft Avenue Freeport, NY 11520
Sea Breeze Park (Section 62, Block 233, Lot 1) Incorporated Village of Freeport 100 Richmond Street Freeport, NY 11520
Nautical Mile Parking (Section 62, Block 189, Lots 139 & 168) Incorporated Village of Freeport 422 Woodcleft Avenue Freeport, NY 11520
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Section VIII Page of 3
December 2020
SUPPLEMENT: LIST OF REMEDIATION SITES
There are no remediation sites within approximately 1.25 miles of the site. The nearest two are:
a. Nassau Uniform ServiceSite Code: 130063Program: State Superfund ProgramClassification: 02DEC Region: 1Address: 525 RAY STREETCity: FREEPORT Zip: 11520County: NassauLatitude: 40.641651412Longitude: -73.597260296Site Type: STRUCTUREEstimated Size: 0.5 Acres(https://www.dec.ny.gov/cfmx/extapps/derexternal/haz/details.cfm?&ProgNo=130063)
b. South End Place TCA PlumeSite Code: 130162Program: State Superfund ProgramClassification: NDEC Region: 1Address: South End PlaceCity: Freeport Zip: 11520County: NassauLatitude: 40.645805513Longitude: -73.574560565Site Type:Estimated Size: 0 Acres(https://www.dec.ny.gov/cfmx/extapps/derexternal/haz/details.cfm?&ProgNo=130162)
Woodcleft Avenue Waterfront Rehabilitation Freeport, NY
Section VIII Page of 3
December 2020
: Land Use Ecological Services – Wetlands Assessment
Wetlands and Shoreline Assessment- 447 Woodcleft Avenue (Freeport, NY) October 22, 2020
1/2
570 Expressway Drive South, Suite 2F, Medford, NY 11763 Phone: (631)-727-2400 Fax: (631)-727-2605
October 22, 2020 TMS Waterfront 1 Van Houten Street Nyack NY 10960 Attn: Mr. Shea Thorvaldsen Re: Tidal Wetlands Delineation and Shoreline Assessment
447 Woodcleft Avenue (Freeport, NY), Nassau County
Dear Mr. Thorvaldsen: The tidal wetlands associated with Woodcleft Canal at the above-referenced property were delineated on October 16, 2020 by William Bowman, PhD of Land Use Ecological Services. Based on NYSDEC tidal wetland delineation standards and definitions provided in NYSDEC’s Tidal Wetlands Land Use Regulations (6 NYCRR Part 661), the tidal wetland boundary coincides with the Mean High Water line along the existing bulkhead and dilapidated rubble shoreline (Photos 1 through 3). The tidal wetland boundary coincides with Mean High Water due to the absence of tidal wetland plant communities. However, there are several small patches (5-10 SF) of tidal wetlands plants along the shoreline comprised of spike grass (Distichlis spicata) and, to a lesser extent, smooth cordgrass (Spartina alterniflora) (Photo 4). There is a larger patch of spike grass (~130 SF) located landward of the top of the dilapidated slope adjacent to the remnants of a concrete foundation (Photo 5). The unbulkheaded shoreline features a steep slope consisting of fill, broken asphalt and concrete, and miscellaneous debris. Macroalgae is frequent to abundant within the intertidal zone on hard surfaces or bulkhead remnants and in the subtidal zone. Observed macroalgae species include green string lettuce (Ulva intestinalis), sea lettuce (Ulva lactuca), rockweed (Fucus sp.), and Gracilaria tikvahiae. Sea lettuce and Gracilaria are abundant in shallow water to a depth of ~3-ft at mean low water. No submerged aquatic vegetation (SAV) was observed. In addition, a review of the New York State Statewide Seagrass Map indicated no known SAV resources in the area of the site. The substrate consists of a thin layer of sand lost from the fill slope with concrete debris prevalent. The thin layer of sandy sediment overlies soft mud typical of the dredged tidal canals of southern Nassau County. No high quality substrates for finfish spawning, such as rock or cobble bottom, or shorebird foraging or shellfish resources, such as extensive intertidal mudflats, are present. The top of the dilapidated slope features upland coastal plants, such as seaside goldenrod (Solidago sempervirens) and invasive plants and weeds including mugwort (Artemesia vulgaris), narrow-leaved plantain (Plantago lanceolata), crabgrass (Digitaria sanguinalis), green foxtail (Setaria viridis), white goosefoot (Chenopodium album), cocklebur (Xanthium strumarium), chicory (Cichorium intybus), white sweet clover (Melilotus album), and common reed (Phragmites australis).
Wetlands and Shoreline Assessment- 447 Woodcleft Avenue (Freeport, NY)October 22, 2020
2/2
570 Expressway Drive South, Suite 2F, Medford, NY 11763 Phone: (631)-727-2400 Fax: (631)-727-2605
Kindly contact me at (631) 727-2400 or [email protected] if you have any questions regarding the tidal wetland boundary delineation or site assessment. Thank you.
Very truly yours,
William BowmanSenior Scientist
Email: [email protected]
SITE PHOTOS 1 & 2: 447 Woodcleft Avenue, Freeport, NY 11520
NCTM#: 62-177-548
NOTES: 1. Photo 1 (top): Shoreline looking North. No wetland vegetation or SAV located below bulkhead remnants.2. Photo 2 (bottom): Shoreline looking North,. No wetland communities located above bulkhead remnants.3. Photos taken 10/16/2020
SITE PHOTOS 3 & 4: 447 Woodcleft Avenue, Freeport, NY 11520
NCTM#: 62-177-548
NOTES: 1. Photo 3 (top): Shoreline looking South. No wetland vegetation or SAV located on rubble slope. Photo taken 10/16/2020.2. Photo 4 (bottom): Small patch of tidal wetland vegetation (Distichlis spicata) on rubble slope. Photo taken 10/16/2020
SITE PHOTO 5: 447 Woodcleft Avenue, Freeport, NY 11520
NCTM#: 62-177-548
NOTES: 1. Photo 5 : Photo 4 (bottom): Small patch of tidal wetland vegetation (Distichlis spicata) adjacent to building foundation remnants at the south end of vacant lot #465. Photo taken 10/16/2020
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Section VIII Page of 3
December 2020
January 29, 2021
New York State Department of (NYS )
, NY 1
Attn: Laura Star Email: [email protected] Environmental Analyst 2
Re: 435/447 Woodcleft Avenue Waterfront Program Permit Application ID# 1-2820-01161/00015 TMS Project No. 19080 DEC Response Letter
Dear Ms. Star,
We have reviewed your email dated Friday, January 15 responding to the permit application referenced above and submit this letter as a response in anticipation of a pre-application meeting with the NYSDEC Region 2 Office. TMS has reproduced your questions and comments below, in blue, and our responses immediately follow each one. We hope the answer herein, as well as the attached drawings clarify the intent of the project, and we look forward to discussing the project with you further.
DEC Comment:
1. Can you provide a plan view showing an overlay of what is existing with what is proposed? We would liketo be able to see where the new bulkhead is proposed in relation to what was/is there currently, as well ashow the proposed platform lines up in that corner.
TMS Response:
Please find the requested site plan, showing the proposed project superimposed on the existing site attached to this letter as Appendix A.
DEC Comment:
2. Also, it's not clear from the plans where the hotel/pool/upland development is going to be sited. Do youhave site plans showing this? We do not want to segment this project. All work proposed should besubmitted at the same time.
TMS Response:
Woodcleft Waterfront Program January 29, 2021
1 Van Houten Street, Nyack, New York 10960 www.tms-waterfront.com
T: 917-426-6788 F: 866-211-1780
Please refer to the attached drawing, which now clearly shows how the upland development is sited.
DES Comment: 3. What is proposed for Parcel A? Is that going to be parking for the hotel? TMS Response:
Parcel A is currently used as a parking lot, and will primarily be used for parking as part of the proposed project. The southernmost extent of Parcel A will provide public access to the waterfront, connect to the existing municipal esplanade at Sea Breeze Park.
DEC Comment:
4. What is going on top of the platform? This is a substantial structure. Is this for parking or is the hotel on top? Or is this strictly for public access/esplanade?
TMS Response:
The platform will be strictly for public access/esplanade. It will not support parking or any of the building structure, and is designed to support 100 PSF, which is the loading requirement typically specified for public access piers and platforms in NYC. The substantiality of the structure will also make it more resilient, less likely to be damaged during storm and flooding events, and easier to maintain.
DEC Comment:
5. Do you have upland coverage calculations for impervious structures/surfaces on the lot? DEC regulations say you can't cover more than 20%. If you can't meet that, you will need a variance. Has any consideration been made for this?
TMS Response: Historically (2006), the site was approximately 97% impervious:
Impervious 48,170 97.4% Pervious 1,290 2.6% TOTAL 49,460 100%
The original proposed upland coverage is as follows (for a full breakdown. See Appendix B): Impervious 35,297 75.0% Pervious 11,801 25.0% TOTAL 47,098 100%
Two strategies for reducing this ratio have been proposed. Option 1 involves making all parking area pervious, Option 2 involves a pervious drive aisle in addition the pervious parking.
Option 1 Impervious 20,469 43.5% Pervious 26,629 56.5% TOTAL 47,098 100%
Woodcleft Waterfront Program January 29, 2021
1 Van Houten Street, Nyack, New York 10960 www.tms-waterfront.com
T: 917-426-6788 F: 866-211-1780
Option 2 Impervious 12,469 26.5% Pervious 34,629 73.5% TOTAL 47,098 100%
IN addition, a small portion of the proposed bulkhead, platform, and floating docks is upland of the original 1974 Tidal Wetlands line. This area represents approximately 590 SF of impervious surface are, which changes the above percentages by approximately 1%.
DEC Comment:
6. Also, will you need variances for tidal wetlands setbacks. Again, any consideration for the setbacks? TMS Response:
We will seek a variance from the set back requirements for the project and will provide further details at the preapplication meeting.
We hope that this letter and its attachments address your concerns. Should you have any questions or comments please do not hesitate to contact the undersigned at (646)773-9414 or [email protected].
Very truly yours, The Office of TMS Waterfront
Shea E. Thorvaldsen President Attachments:
Appendix A: Site Plan Overlay Appendix B: Pervious & Impervious Calculations
Woodcleft Waterfront Program January 29, 2021
1 Van Houten Street, Nyack, New York 10960 www.tms-waterfront.com
T: 917-426-6788 F: 866-211-1780
APPENDIX A: SITE PLAN OVERLAY
Woodcleft Waterfront Program January 29, 2021
1 Van Houten Street, Nyack, New York 10960 www.tms-waterfront.com
T: 917-426-6788 F: 866-211-1780
APPENDIX B: PERVIOUS & IMPERVIOUS CALCULATIONS
Freeport Hotel - Coverage TableTotal Area - 47,098 SF
Cover Type Area (SF)Pervious Pavers 10,916Crushed Stone 885Landscaping 0Building 6,309Impervious Pavement & Concrete 28,988
Total = 47,098
Total Pervious (SF) = 11,801% Pervious = 25%
% Impervious = 75%
OPTION 1: (Pervious Parking Areas)Prop. Additional Pervious Areas (SF) = 14,828
New % Pervious = 57%New % Impervious = 43%
23% Variance
OPTION 2: (Pervious Parking & Drive Aisle)Prop. Additional Pervious Areas (SF) = 22,828
New % Pervious = 74%New % Impervious = 26%
6% Variance
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C:\Users\Darryl\Littoral Group LLC\19080 - 435 Woodcleft Waterfront - Documents\4. Drawings, Graphics, Maps, Diagrams\2. CAD\2021-07-06 - Woodcleft Site Permit Set.dwg 7/6/2021 5:26 PM
MR-
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C:\Users\Darryl\Littoral Group LLC\19080 - 435 Woodcleft Waterfront - Documents\4. Drawings, Graphics, Maps, Diagrams\2. CAD\2021-07-06 - Woodcleft Site Permit Set.dwg 7/6/2021 5:26 PM
MR-
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11
C:\Users\Darryl\Littoral Group LLC\19080 - 435 Woodcleft Waterfront - Documents\4. Drawings, Graphics, Maps, Diagrams\2. CAD\2021-07-06 - Woodcleft Site Permit Set.dwg 7/6/2021 5:26 PM
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C:\Users\Darryl\Littoral Group LLC\19080 - 435 Woodcleft Waterfront - Documents\4. Drawings, Graphics, Maps, Diagrams\2. CAD\2021-07-06 - Woodcleft Site Permit Set.dwg 7/6/2021 5:26 PM
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C:\Users\Darryl\Littoral Group LLC\19080 - 435 Woodcleft Waterfront - Documents\4. Drawings, Graphics, Maps, Diagrams\2. CAD\2021-07-06 - Woodcleft Site Permit Set.dwg 7/6/2021 5:26 PM
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C:\Users\Darryl\Littoral Group LLC\19080 - 435 Woodcleft Waterfront - Documents\4. Drawings, Graphics, Maps, Diagrams\2. CAD\2021-07-06 - Woodcleft Site Permit Set.dwg 7/6/2021526PM Waterfront - Docum Waterfront - Docum
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C:\Users\Darryl\Littoral Group LLC\19080 - 435 Woodcleft Waterfront - Documents\4. Drawings, Graphics, Maps, Diagrams\2. CAD\2021-07-06 - Woodcleft Site Permit Set.dwg 8/5/2021 11:00 AM
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10
C:\Users\Darryl\Littoral Group LLC\19080 - 435 Woodcleft Waterfront - Documents\4. Drawings, Graphics, Maps, Diagrams\2. CAD\2021-07-06 - Woodcleft Site Permit Set.dwg 8/5/2021 11:00 AM
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