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resolution 79 pages

Also attached to this agenda item: 20110927 DesignProtocolReportV4 Croton Yacht Club - permit application - SEQRA Croton Yacht Club - resolution Croton Yacht Club prelim consist 12 21 11 signed

N EW YORK STATE DEPARTMEN T OF EN VIRON MEN TAL CON SERVATION & UN ITED STATES ARMY CORPS OF EN GIN EERS JOIN T APPLICATION FOR PERMIT CROTON YACHT CLUB - BULKHEAD REPLACEMEN T CROTON -ON -HUDSON N EW YORK Prepared For: Prepared By: Ocean and Coastal Consultants Engineering, P.C. 35 Corporate Drive Trumbull, CT 06611 October 2011 OCC Project #210082 NYSDEC & USACE Joint Permit Application Village of Croton-on-Hudson Croton Yacht Club - Bulkhead Replacement October 2011 OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. TABLE OF CON TEN TS Description Section Transmittal Letters Joint Application Form Attachment 1 Location Map Attachment 2 Application Drawings Attachment 3 Site Photographs Attachment 4 Short Environmental Assessment Form Attachment 5 Permission to Inspect Property Supplement Attachment 6 ACOE Environmental Questionnaire Attachment 7 Federal Consistency Assessment Form Attachment 8 Analysis of Potentially Affected Coastal Policies Attachment 9 Village of Croton-on-Hudson Coastal Assessment Form Attachment 10 Adjacent Property Owners Attachment 11 Ocean and Coastal Consultants Engineering, P.C. 35 Corporate Drive Ste 1200 Trumbull, CT 06611 Tel 203 268 5007 Fax 203 268 8821 www.ocean-coastal.com VIA FEDEX 2-DAY (845)256-3054 New York State Department of Environmental Conservation Region 3 21 South Putt Corners Road New Paltz, NY 12561-1696 Attention: Regional Permit Administrator Reference: Croton Yacht Club - Bulkhead Replacement Croton-on-Hudson, New York Joint Application for Permit To Whom It May Concern: Date October 3, 2011 Your ref. Joint Application for Permit Our ref. Project No. 210082 Ocean and Coastal Consultants Engineering P.C. (OCCE), on behalf of the Vil- lage of Croton-on-Hudson, is pleased to submit the enclosed Joint Application for Permit to oversheet the existing steel sheet pile bulkhead at the Croton Yacht Club, located along the east bank of the Hudson River, in the Village of Croton- on-Hudson, Westchester County, New York. Enclosed please find three (3) copies of the Application Package which includes the following: • Joint Application for Permit • Location Map • Application Drawings • Site Photographs • SEQR- Short Environmental Assessment Form • Permission to Inspect Property Supplement • ACOE Environmental Questionnaire • Federal Consistency Assessment Form with Coastal Policy Assessment • Village of Croton-on-Hudson Coastal Assessment From • List of Adjacent Property Owners One copy of the Application Package has been forwarded to each of the follow- ing: the New York District Corps of Engineers; the New York State Department of State, Consistency Review Unit; and the Village of Croton-on-Hudson Engi- neering Department, to help expedite your review. Please feel free to contact the undersigned if you have any questions regarding this submittal. P:\2010\OCC_210082.0\3_Project_Files\Permits\Joint Application - DEC & Army\20111003 DEC Transmittal.docx P:\2010\OCC_210082.0\3_Project_Files\Permits\Joint Application - DEC & Army\20111003 DEC Transmittal.docx 2 / 2 . OCEAN AN D COASTAL CON SULTAN TS, IN C. Azure Dee Sleicher, P.E. Project Manager Encl: As Stated Copy: Marco J. Gennarelli, Village of Croton-on-Hudson New York District Corps of Engineers, Western Permits Section New York State Department of State – Division of Coastal Resources Village of Croton-on-Hudson, Engineering Department Ocean and Coastal Consultants Engineering, P.C. 35 Corporate Drive Ste 1200 Trumbull, CT 06611 Tel 203 268 5007 Fax 203 268 8821 www.ocean-coastal.com VIA FEDEX 2-DAY (518) 474-6000 New York State Department of State Division of Coastal Resources 99 Washington Ave, Suite 1010 Albany, NY 12231-00001 Attention: Consistency Review Unit Reference: Croton Yacht Club - Bulkhead Replacement Croton-on-Hudson, New York Joint Application for Permit To Whom It May Concern: Date October 3, 2011 Your ref. Joint Application for Permit Our ref. Project No. 210082 Ocean and Coastal Consultants Engineering P.C. (OCCE), on behalf of the Vil- lage of Croton-on-Hudson, is pleased to submit the enclosed Joint Application for Permit to oversheet the existing steel sheet pile bulkhead at the Croton Yacht Club, located along the east bank of the Hudson River, in the Village of Croton- on-Hudson, Westchester County, New York. Enclosed please one (1) copy of the Application Package which includes the fol- lowing: • Joint Application for Permit • Location Map • Application Drawings • Site Photographs • SEQR- Short Environmental Assessment Form • Permission to Inspect Property Supplement • ACOE Environmental Questionnaire • Federal Consistency Assessment Form with Coastal Policy Assessment • Village of Croton-on-Hudson Coastal Assessment From • List of Adjacent Property Owners Concurrent with this submittal, applications have been submitted to the NYS De- partment of Environmental Conservation and the United States Army Corps of Engineers New York District. A copy of this application has also been sent to the Village-of-Croton on Hudson, Engineering Department, in order to facilitate the review of the Village's Coastal Assessment Form. Please feel free to contact the undersigned if you have any questions regarding this submittal. P:\2010\OCC_210082.0\3_Project_Files\Permits\Joint Application - DEC & Army\20111003 DOS Transmittal.docx P:\2010\OCC_210082.0\3_Project_Files\Permits\Joint Application - DEC & Army\20111003 DOS Transmittal.docx 2 / 2 . OCEAN AN D COASTAL CON SULTAN TS, IN C. Azure Dee Sleicher, P.E. Project Manager Encl: As Stated Copy: Marco J. Gennarelli, Village of Croton-on-Hudson New York District Corps of Engineers, Western Permits Section New York State Department of Environmental Conservation - Region 3 Village of Croton-on-Hudson, Engineering Department Ocean and Coastal Consultants Engineering, P.C. 35 Corporate Drive Ste 1200 Trumbull, CT 06611 Tel 203 268 5007 Fax 203 268 8821 www.ocean-coastal.com VIA FEDEX 2-DAY (917) 790-8411 Department of the Army – Regulatory Branch New York District, Corps of Engineers Jacob Javits Federal Building 26 Federal Plaza – Room 1937 New York, New York 10278-0090 Attention: Regulatory Branch - Western Permits Reference: Croton Yacht Club - Bulkhead Replacement Croton-on-Hudson, New York Joint Application for Permit To Whom It May Concern: Date October 3, 2011 Your ref. Joint Application for Permit Our ref. Project No. 210082 Ocean and Coastal Consultants Engineering P.C. (OCCE), on behalf of the Vil- lage of Croton-on-Hudson, is pleased to submit the enclosed Joint Application for Permit to oversheet the existing steel sheet pile bulkhead at the Croton Yacht Club, located along the east bank of the Hudson River, in the Village of Croton- on-Hudson, Westchester County, New York. Enclosed please one (1) copy of the Application Package which includes the fol- lowing: • Joint Application for Permit • Location Map • Application Drawings • Site Photographs • SEQR- Short Environmental Assessment Form • Permission to Inspect Property Supplement • ACOE Environmental Questionnaire • Federal Consistency Assessment Form with Coastal Policy Assessment • Village of Croton-on-Hudson Coastal Assessment From • List of Adjacent Property Owners Concurrent with this submittal, applications have been submitted to the NYS De- partment of Environmental Conservation and the NYS Department of State, Con- sistency Review Unit. A copy of this application has also been sent to the Vil- lage-of-Croton on Hudson, Engineering Department, in order to facilitate the re- view of the Village's Coastal Assessment Form. Please feel free to contact the undersigned if you have any questions regarding this submittal. P:\2010\OCC_210082.0\3_Project_Files\Permits\Joint Application - DEC & Army\20111003 USACE Transmittal.docx P:\2010\OCC_210082.0\3_Project_Files\Permits\Joint Application - DEC & Army\20111003 USACE Transmittal.docx 2 / 2 . OCEAN AN D COASTAL CON SULTAN TS, IN C. Azure Dee Sleicher, P.E. Project Manager Encl: As Stated Copy: Marco J. Gennarelli, Village of Croton-on-Hudson New York District Corps of Engineers, Western Permits Section New York State Department of Environmental Conservation - Region 3 Village of Croton-on-Hudson, Engineering Department Ocean and Coastal Consultants Engineering, P.C. 35 Corporate Drive Ste 1200 Trumbull, CT 06611 Tel 203 268 5007 Fax 203 268 8821 www.ocean-coastal.com VIA FEDEX 2-DAY Village of Croton-on-Hudson Engineering Department Stanley H. Kellerhouse Municipal Building 1 Van Wyck Street Croton-on-Hudson, New York 10520 Attention: Ronnie Rose Reference: Croton Yacht Club - Bulkhead Replacement Croton-on-Hudson, New York Joint Application for Permit Local Waterfront Revitalization Program Dear Ms Rose: Date October 3, 2011 Your ref. Joint Application for Permit LWRP Our ref. Project No. 210082 Ocean and Coastal Consultants Engineering P.C. (OCCE), on behalf of the Vil- lage of Croton-on-Hudson, has submited the enclosed Joint Application for Per- mit to oversheet the existing steel sheet pile bulkhead at the Croton Yacht Club, located along the east bank of the Hudson River, in the Village of Croton-on- Hudson, Westchester County, New York. As required by the New York State Department of State, we are providing you with a copy of the Application Package which includes a consistency assessment for compliance with the Village of Croton-on-Hudson Local Waterfront Revitali- zation Program. Enclosed please one (1) copy of the Application Package which includes the fol- lowing: • Joint Application for Permit • Location Map • Application Drawings • Site Photographs • SEQR- Short Environmental Assessment Form • Permission to Inspect Property Supplement • ACOE Environmental Questionnaire • Federal Consistency Assessment Form with Coastal Policy Assessment • Village of Croton-on-Hudson Coastal Assessment From • List of Adjacent Property Owners Concurrent with this submittal, applications have been submitted to the NYS De- partment of Environmental Conservation and the NYS Department of State, Con- P:\2010\OCC_210082.0\3_Project_Files\Permits\Joint Application - DEC & Army\20111003 Village Engineer - Transmittal.docx P:\2010\OCC_210082.0\3_Project_Files\Permits\Joint Application - DEC & Army\20111003 Village Engineer - Transmittal.docx 2 / 2 . sistency Review Unit, and the United States Army Corps of Engineers, New York District. Please feel free to contact the undersigned if you have any questions regarding this submittal. OCEAN AN D COASTAL CON SULTAN TS, IN C. Azure Dee Sleicher, P.E. Project Manager Encl: As Stated Copy: Marco J. Gennarelli, Village of Croton-on-Hudson New York District Corps of Engineers, Western Permits Section New York State Department of Environmental Conservation - Region 3 New York District Corps of Engineers, Western Permits Section NYSDEC & USACE Joint Permit Application Village of Croton-on-Hudson Croton Yacht Club - Bulkhead Replacement October 2011 OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. ATTACHMEN T 1 N EW YORK STATE DEPARTMEN T OF EN VIRON MEN TAL CON SERVATION & UN ITED STATES ARMY CORPS OF EN GIN EERS JOIN T APPLICATION FORM CROTON YACHT CLUB - BULKHEAD REPLACEMEN T CROTON -ON -HUDSON N EW YORK New York State JOINT APPLICATION FORM For Permits/Determinations to undertake activities affecting streams, waterways, waterbodies, wetlands, coastal areas and sources of water supply. You must separately apply for and obtain separate Permits/Determinations from each involved agency prior to proceeding with work. Please read all instructions. US Army Corps of Engineers (USACE) APPLICATIONS TO 1. NYS Department of Environmental Conservation Check all permits that apply: 2. US Army Corps of Engineers Check all permits that apply: 3. NYS Office of General Services 4. NYS Depart- ment of State  Stream Disturbance  Excavation and Fill in Navigable Waters  Docks, Moorings or Platforms  Dams and Impoundment Structures  401 Water Quality Certification  Freshwater Wetlands  Tidal Wetlands  Coastal Erosion Management  Wild, Scenic and Recreational Rivers  Water Supply  Long Island Well  Aquatic Vegetation Control  Aquatic Insect Control  Fish Control  Incidental Take of Endan- gered/Threatened Species  Section 404 Clean Water Act  Section 10 Rivers and Harbors Act  Nationwide Permit(s) - Identify Number(s): Preconstruction Notification -  Y /  N Check all permits that apply:  State Owned Lands Under Water  Utility Easement (pipelines, conduits, cables, etc.)  Docks, Moorings or Platforms Check if this applies:  Coastal Consistency Concurrence  I am sending this application to this agency.  I am sending this application to this agency.  I am sending this application to this agency.  I am sending this application to this agency. 5. Name of Applicant (use full name) Applicant must be:  Owner  Operator  Lessee (check all that apply) 6. Name of Facility or Property Owner (if different than Applicant) Mailing Address Mailing Address Post Office City Taxpayer ID (If applicant is NOT an individual): Post Office City State Zip Code State Zip Code Telephone (daytime) Email Telephone (daytime) Email 7. Contact/Agent Name 8. Project / Facility Name Property Tax Map Section / Block / Lot Number Company Name Project Location - Provide directions and distances to roads, bridges and bodies of waters: Mailing Address Street Address, if applicable Post Office City State Zip Code NY Post Office City Town / Village / City County State Zip Code Name of USGS Quadrangle Map Stream/Water Body Name Telephone (daytime) Location Coordinates: Enter NYTMs in kilometers, OR Latitude/Longitude Email NYTM-E NYTM-N Latitude Longitude For Agency Use Only DEC Application Number: USACE Number: JOINT APPLICATION FORM 09/10 This is a 2 Page Application Application Form Page 1 of 2 Both Pages Must be Completed azambrano@crotononhudson-ny.gov Taxpayer ID (If applicant is NOT an individual): ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ Village of Croton-on-Hudson Attn: Abraham Zambrano, Village Manager NWP # 3 1 Van Wyck Street Croton-on-Hudson NY 914-271-4848 same as applicant Azure Dee Sleicher, P.E. Ocean and Coastal Consultants Engineering, P.C. 35 Corporate Drive Trumbull CT 203-268-5007 azsl@ocean-coastal.com Croton Yacht Club 78.01-1-3 The Croton Yacht Club is located directly adjacent to the Hudson River, on Eliott Way, directly north of Senasqua Park. Haverstraw Hudson River 41 12 18.5 N 73 53 37.26 W JOINT APPLICATION FORM - PAGE 2 OF 2 Submit this completed page as part of your Application. 9. Project Description and Purpose: Provide a complete narrative description of the proposed work and its purpose. Attach additional page(s) if necessary. Include: description of current site conditions and how the site will be modified by the proposed project; structures and fill materials to be installed; type and quantity of materials to be used (i.e., square ft of coverage and cubic yds of fill material and/or structures below ordinary/mean high water) area of excavation or dredging, volumes of material to be removed and location of dredged material disposal or use; work methods and type of equipment to be used; pollution control methods and mitigation activities proposed to compensate for resource impacts; and where applicable, the phasing of activities. ATTACH PLANS ON SEPARATE PAGES. Proposed Use:  Private  Public Commercial Proposed Start Date: Estimated Completion Date: Has Work Begun on Project?  Yes  No If Yes, explain. Will Project Occupy Federal, State or Municipal Land?  Yes  No If Yes, please specify. 10. List Previous Permit / Application Numbers (if any) and Dates: 11. Will this project require additional Federal, State, or Local Permits including zoning changes?  Yes  No If yes, please list: 12. Signatures. If applicant is not the owner, both must sign the application. I hereby affirm that information provided on this form and all attachments submitted herewith is true to the best of my knowledge and belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the applicant accepts full responsibility for all damage, direct or indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and agrees to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from said project. In addition, Federal Law, 18 U.S.C., Section 1001 provides for a fine of not more than $10,000 or imprisonment for not more than 5 years, or both where an applicant knowingly and willingly falsifies, conceals, or covers up a material fact; or knowingly makes or uses a false, fictitious or fraudulent statement. Signature of Applicant Printed Name Title Date Signature of Owner Printed Name Title Date Signature of Agent Printed Name Title Date For Agency Use Only DETERMINATION OF NO PERMIT REQUIRED Agency Project Number ______________________________________________ _____________________________________________ has determined that No Permit is required from this Agency for the project described in (Agency Name) this application. Agency Representative: Name (printed) _____________________________________________ Title __________________________________ Signature _________________________________________________ Date _________________________________ JOINT APPLICATION FORM 09/10 Application Form Page 2 of 2 Proposed Start Date: Estimated Completion Date: ✔ ✔ ✔ ✔ ✔ TBD TBD, Property is leased by Croton Yacht Club but is owned by Village of Croton-on-Hudson N/A Federal: USACE NWP #3; State: NY State Consistency Certification; Local: LWRP Consistency, Building Permit Abraham Zambrano Village Manager Azure Dee Sleicher, P.E. Project Manager See attached project description NYSDEC & USACE Joint Permit Application Village of Croton-on-Hudson Croton Yacht Club - Bulkhead Replacement October 2011 OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. ATTACHMEN T 2 N EW YORK STATE DEPARTMEN T OF EN VIRON MEN TAL CON SERVATION & UN ITED STATES ARMY CORPS OF EN GIN EERS LOCATION MAP CROTON YACHT CLUB - BULKHEAD REPLACEMEN T CROTON -ON -HUDSON N EW YORK NYSDEC & USACE Joint Permit Application Village of Croton-on-Hudson Croton Yacht Club - Bulkhead Replacement October 2011 OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. ATTACHMEN T 3 N EW YORK STATE DEPARTMEN T OF EN VIRON MEN TAL CON SERVATION & UN ITED STATES ARMY CORPS OF EN GIN EERS APPLICATION DRAWIN GS CROTON YACHT CLUB - BULKHEAD REPLACEMEN T CROTON -ON -HUDSON N EW YORK NYSDEC & USACE Joint Permit Application Village of Croton-on-Hudson Croton Yacht Club - Bulkhead Replacement October 2011 OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. ATTACHMEN T 4 N EW YORK STATE DEPARTMEN T OF EN VIRON MEN TAL CON SERVATION & UN ITED STATES ARMY CORPS OF EN GIN EERS SITE PHOTOGRAPHS CROTON YACHT CLUB - BULKHEAD REPLACEMEN T CROTON -ON -HUDSON N EW YORK NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement SITE PHOTOGRAPHS N ORTH Yacht Club Marina LEGEN D Bulkhead Proposed to be Replaced Boat Ramp Boat Storage Wave Attenuation Structure Boat Ramp Photograph 1: Aerial photograph of project site. OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement D C B A Photograph 2: Aerial photograph identifying shoreline segments. Refer to Table 1 below. Shoreline Segment Linear Feet (FT) Adjacent Upland Description Segment A - North Building Area Removable Dock, Gabion Baskets, Building Segment B - Southwest Building Area Gabion Baskets, Building Segment C - Southwest Non-Building Area Gabion Baskets, Gravel; Boat Storage Segment D - South Non-Building Area Gravel; Boat Storage Total Table 1: Shoreline segment types.    OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement Photograph 3: Shoreline Segment A - N orth Building Area. View looking south. March 8, 2011.   Photograph 4: Shoreline Segment B - Southwest Building Area. View looking west. March 8, 2011. OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement Photograph 5: Shoreline Segment C - Southwest N on-Building Area. View looking east. N ote timber wave screen and marina docks in background. March 8, 2011. OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement Photograph 6: Shoreline Segment D - South N on-Building Area. View looking northeast. March 8, 2011. OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. Photograph 7: Typical deteriorated condition of bulkhead. March 8, 2011. NYSDEC & USACE Joint Permit Application Village of Croton-on-Hudson Croton Yacht Club - Bulkhead Replacement October 2011 OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. ATTACHMEN T 5 N EW YORK STATE DEPARTMEN T OF EN VIRON MEN TAL CON SERVATION & UN ITED STATES ARMY CORPS OF EN GIN EERS SHORT EN VIRON MEN TAL ASSESSMEN T FORM CROTON YACHT CLUB - BULKHEAD REPLACEMEN T CROTON -ON -HUDSON N EW YORK 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. PROPOSED ACTION IS: New Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential Industrial Commercial Agriculture Park/Forest/Open Space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER Village of Croton-on-Hudson, Attn: Abraham Zambrano Croton Yacht Club - Bulkhead Replacement Village of Croton-on-Hudson Westchester Croton Yacht Club, located on Eliott Way, directly north of Senasqua Park ✔ Oversheeting of approximately 433 linear feet of existing steel sheet pile bulkhead with new steel sheet pile bulkhead with ground anchors. The new bulkhead will be installed within 18 inches of the existing bulkhead, to the extent possible (due to driving tolerances and existing conditions in which the existing bulkhead is not straight or plumb). 1.1 1.1 ✔ ✔ Yacht club/marina. Land is in WC (Waterfront Commercial) district, leased by Croton Yacht Club, owned by Village of Croton-on-Hudson. ✔ USACE NWP#3; NYSDEC Permit; NYSDOS Consistency Cert.; Local Coastal Consistency & Building Permit ✔ ✔ Abraham Zambrano, Village Manager Reset PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? Yes No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination. Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Reset NYSDEC & USACE Joint Permit Application Village of Croton-on-Hudson Croton Yacht Club - Bulkhead Replacement October 2011 OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. ATTACHMEN T 6 N EW YORK STATE DEPARTMEN T OF EN VIRON MEN TAL CON SERVATION & UN ITED STATES ARMY CORPS OF EN GIN EERS PERMISSION TO IN SPECT PROPERTY SUPPLEMEN T CROTON YACHT CLUB - BULKHEAD REPLACEMEN T CROTON -ON -HUDSON N EW YORK N ew York State Department of Environmental Conservation PERMISSION TO IN SPECT PROPERTY By signing this permission form for submission with an application for a permit(s) to the Department of Environmental Conservation ("DEC"), the signer consents to inspection by DEC staff of the project site or facility for which a permit is sought and, to the extent necessary, areas adjacent to the project site or facility. This consent allows DEC staff to enter upon and pass through such property in order to inspect the project site or facility, without prior notice, between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. If DEC staff should wish to conduct an inspection at any other times, DEC staff will so notify the applicant and will obtain a separate consent for such an inspection. Inspections may take place as part of the application review prior to a decision to grant or deny the permit(s) sought. By signing this consent form, the signer agrees that this consent remains in effect as long as the application is pending, and is effective regardless of whether the signer, applicant or an agent is present at the time of the inspection. In the event that the project site or facility is posted with any form of "posted" or "keep out" notices, or fenced in with an unlocked gate, this permission authorizes DEC staff to disregard such notices or unlocked gates at the time of inspection. The signer further agrees that during an inspection, DEC staff may, among other things, take measurements, may analyze physical characteristics of the site including, but not limited to, soils and vegetation (taking samples for analysis), and may make drawings and take photographs. Failure to grant consent for an inspection is grounds for, and may result in, denial of the permit(s) sought by the application. Permission is granted for inspection of property located at the following address(es): By signing this form, I affirm under penalty of perjury that I am authorized to give consent to entry by DEC staff as described above. I understand that false statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law.* Print Name and Title Signature Date *The signer of this form must be an individual or authorized representative of a legal entity that: • owns fee title and is in possession of the property identified above; • maintains possessory interest in the property through a lease, rental agreement or other legally binding agreement; or • is provided permission to act on behalf of an individual or legal entity possessing fee title or other possessory interest in the property for the purpose of consenting to inspection of such property. Permission to Inspect Property Application Supplement 12/08 Croton Yacht Club, Eliott Way, Croton-on-Hudson, NY 10520 Abraham Zambrano, Village Manager NYSDEC & USACE Joint Permit Application Village of Croton-on-Hudson Croton Yacht Club - Bulkhead Replacement October 2011 OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. ATTACHMEN T 7 N EW YORK STATE DEPARTMEN T OF EN VIRON MEN TAL CON SERVATION & UN ITED STATES ARMY CORPS OF EN GIN EERS ACOE EN VIRON MEN TAL QUESTION N AIRE CROTON YACHT CLUB - BULKHEAD REPLACEMEN T CROTON -ON -HUDSON N EW YORK NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement EN VIRON MEN TAL QUESTION N AIRE This is intended to supplement EN G Form 4345, Application for Department of the Army Permit, or the Joint Application for Permit used in the State of N ew 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 STATEMEN T 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. GEN ERAL- APPLICABLE TO ALL PROJECTS 1. Explain the need for, and purpose of, the proposed work. This application proposes the bulkhead oversheeting of a deteriorated steel sheet pile bulkhead located at the Croton Yacht Club, on the property of the Village of Croton-on-Hudson. The structures provide erosion protection to the site and facilitate water dependant activities. 2. Provide the names and addresses of property owners adjacent to your work site (if not shown on the application form or project drawings). See Attachment 11. (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. See attached Site Photographs (Attachment 4) and Application Drawings (Attachment 3). 4. Provide a copy of any environmental impact statement, or any other environmental report which was prepared for your project. A copy of the SEQR short environmental assessment form is attached to this permit application (Attachment 5). 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) OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement 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). Alternatives that were considered are as follows: Do-nothing This approach is not recommended due to the deteriorated state of the existing bulkhead. Continued corrosion and loss of fill may compromise the yacht club building and cause loss of property in addition to environmental harm that would occur as a result of structure collapse and deposition of upland fill into the Hudson River. Temporary repairs Repairs to the existing structure are not appropriate since the structure is so badly deteriorated. In-kind, in-place replacement In-kind, in-place replacement of the bulkhead is also not practicable. The existing sheet piles are in a critical deteriorated state. The force required to remove the deeply driven sheets would cause them to break, leaving obstructions that would not allow the driving of new piles in the same location. Also, the temporary removal of the existing bulkhead would leave the upland soil unsupported and would cause it to be subject to erosion, potentially causing loss of land. Installing a new bulkhead landward of the existing bulkhead The proximity of the yacht club building, as well as the presence of the existing tie-back system behind the existing bulkhead would not allow sheets to be driven landward of the existing bulkhead. Stone Revetment A stone revetment was ruled out as a possibility due to the usage of the upland area adjacent to the shoreline, regulatory concerns, and navigational limitations. Permitting such a structure would require limiting encroachment into the water area past the existing bulkhead. In order to maintain the proper slope and the encroachment limitations, the bottom of the revetment would have to be in line with the current bulkhead and the top of the revetment would fall very close to the yacht club building. This would decrease the usable land area for yacht storage, reduce or eliminate the proposed public access area, and would limit the ability to launch boats. Bulkhead oversheeting was determined to be the most practicable repair solution due to the site constraints. DREDGIN G PROJECTS Answer the following if your project involves dredging. 1. Indicate the estimated volume of material to be dredged and the depth (below mean low water) to which dredging would occur. Would there be overdepth dredging? Not Applicable OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement 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. Not Applicable 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. Not Applicable 4. Describe the method of dredging (i.e. clamshell, dragline, etc.) and the expected duration of dredging. Not Applicable 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. Not Applicable 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. Not Applicable MOORIN G 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). Not Applicable OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement 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. Not Applicable 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. Not Applicable 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. Not Applicable 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. Not Applicable BULKHEADIN G/BAN K STABILIZATION /FILLIN G 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. The total amount of backfill to be used in the project is approximately 340.5 cubic yards, with approximately 295 cubic yards of backfill below the plane of spring high tide. There will be no fill placed directly into waters of the United States as it will all be contained behind the bulkhead. 2. Indicate the source(s) and type(s) of fill material. The fill material will consist of lightweight concrete fill between the existing and proposed steel sheet pile bulkheads. OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. 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. The concrete fill will be delivered to the site by a ready mix concrete truck and placed by chute in a flowable condition, directly into the cavity to be filled, or into a pump for final placement. The concrete will fill the void between the existing and proposed steel sheet pile bulkheads, from the mudline up to the existing grade elevation. No temporary fills will be required in waterways or wetlands. The fill will be placed directly into its final location. 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. NYSDEC & USACE Joint Permit Application Village of Croton-on-Hudson Croton Yacht Club - Bulkhead Replacement October 2011 OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. ATTACHMEN T 8 N EW YORK STATE DEPARTMEN T OF EN VIRON MEN TAL CON SERVATION & UN ITED STATES ARMY CORPS OF EN GIN EERS FEDERAL CON SISTEN CY ASSESSMEN T FORM CROTON YACHT CLUB - BULKHEAD REPLACEMEN T CROTON -ON -HUDSON N EW YORK NEW YORK STATE DEPARTMENT OF STATE COASTAL MANAGEMENT PROGRAM Federal Consistency Assessment Form An applicant, seeking a permit, license, waiver, certification or similar type of approval from a federal agency which is subject to the New York State Coastal Management Program (CMP), shall complete this assessment form for any proposed activity that will occur within and/or directly affect the State's Coastal Area. This form is intended to assist an applicant in certifying that the proposed activity is consistent with New York State's CMP as required by U.S. Department of Commerce regulations (15 CFR 930.57). It should be completed at the time when the federal application is prepared. The Department of State will use the completed form and accompanying information in its review of the applicant's certification of consistency. A. APPLICANT (please print) 1. Name: _______________________________________________________________________________ 2. Address:______________________________________________________________________________ 3. Telephone: Area Code ( ) _____________________________________________________________ B. PROPOSED ACTIVITY 1. Brief description of activity: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2. Purpose of activity: _____________________________________________________________________________________ _____________________________________________________________________________________ 3. Location of activity: ________________________ ____________________________ ____________________________ County City, Town, or Village Street or Site Description 4. Type of federal permit/license required:_____________________________________________________ 5. Federal application number, if known:______________________________________________________ 6. If a state permit/license was issued or is required for the proposed activity, identify the state agency and provide the application or permit number, if known: _____________________________________________________________________________________ Village of Croton-on-Hudson, Attn: Marco Gennarelli, Superintendent of Public Works 1 Van Wyck Street, Croton-on-Hudson, NY 10520 271-3775 Oversheeting approximatley 433 linear feet of existing steel sheet pile bulkhead with new steel sheet pile bulkhead with ground anchors. The new bulkhead will be installed within 18 inches of existing bulkhead, to the extent possible (due to driving tolerances and existing conditions in which the existing bulkhead is not straight or plumb). Replace an existing severely deteriorated bulkhead. Croton Yacht Club Nationwide Permit No. 3 N/A NYS DEC Permit & NYS DOS Coastal Consistency Certification - pending C. COASTAL ASSESSMENT Check either "YES" or "NO" for each of these questions. The numbers following each question refer to the policies described in the CMP document (see footnote on page 2) which may be affected by the proposed activity. 1. Will the proposed activity result in any of the following: YES / NO a. Large physical change to a site within the coastal area which will require the preparation of an environmental impact statement? (11, 22, 25, 32, 37, 38, 41, 43) . . . . . . . . . . . . . . . . b. Physical alteration of more than two acres of land along the shoreline, land under water or coastal waters? (2, 11, 12, 20, 28, 35, 44) . . . . . . . . . . . . . . . . . . . . . . . . . . c. Revitalization/redevelopment of a deteriorated or underutilized waterfront site? (1) . . . . . . d. Reduction of existing or potential public access to or along coastal waters? (19, 20) . . . . . . e. Adverse effect upon the commercial or recreational use of coastal fish resources? (9,10) . . . f. Siting of a facility essential to the exploration, development and production of energy resources in coastal waters or on the Outer Continental Shelf? (29) . . . . . . . . . . . . . . . . . . . g. Siting of a facility essential to the generation or transmission of energy? (27) . . . . . . . . . . . h. Mining, excavation, or dredging activities, or the placement of dredged or fill material in coastal waters? (15, 35) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i. Discharge of toxics, hazardous substances or other pollutants into coastal waters? (8, 15, 35) j. Draining of stormwater runoff or sewer overflows into coastal waters? (33) . . . . . . . . . . . . k. Transport, storage, treatment, or disposal of solid wastes or hazardous materials? (36, 39) . l. Adverse effect upon land or water uses within the State's small harbors? (4) . . . . . . . . . . . . 2. Will the proposed activity affect or be located in, on, or adjacent to any of the following: YES / NO a. State designated freshwater or tidal wetland? (44) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Federally designated flood and/or state designated erosion hazard area? (11, 12, 17,) . . . . . c. State designated significant fish and/or wildlife habitat? (7) . . . . . . . . . . . . . . . . . . . . . . . . d. State designated significant scenic resource or area? (24) . . . . . . . . . . . . . . . . . . . . . . . . . . e. State designated important agricultural lands? (26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f. Beach, dune or barrier island? (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g. Major ports of Albany, Buffalo, Ogdensburg, Oswego or New York? (3) . . . . . . . . . . . . . . . h. State, county, or local park? (19, 20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i. Historic resource listed on the National or State Register of Historic Places? (23) . . . . . . . . 3. Will the proposed activity require any of the following: YES / NO a. Waterfront site? (2, 21, 22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Provision of new public services or infrastructure in undeveloped or sparsely populated sections of the coastal area? (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. Construction or reconstruction of a flood or erosion control structure? (13, 14, 16) . . . . . . . d. State water quality permit or certification? (30, 38, 40) . . . . . . . . . . . . . . . . . . . . . . . . . . . . e. State air quality permit or certification? (41, 43) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Will the proposed activity occur within and/or affect an area covered by a State approved local waterfront revitalization program? (see policies in local program document) . . . . . . . . . . . . . . D. ADDITIONAL STEPS 1. If all of the questions in Section C are answered "NO", then the applicant or agency shall complete Section E and submit the documentation required by Section F. 2. If any of the questions in Section C are answered "YES", then the applicant or agent is advised to consult the CMP, or where appropriate, the local waterfront revitalization program document*. The proposed activity must be analyzed in more detail with respect to the applicable state or local coastal policies. On a separate page(s), the applicant or agent shall: (a) identify, by their policy numbers, which coastal policies are affected by the activity, (b) briefly assess the effects of the activity upon the policy; and, (c) state how the activity is consistent with each policy. Following the completion of this written assessment, the applicant or agency shall complete Section E and submit the documentation required by Section F. E. CERTIFICATION The applicant or agent must certify that the proposed activity is consistent with the State's CMP or the approved local waterfront revitalization program, as appropriate. If this certification cannot be made, the proposed activity shall not be undertaken. If this certification can be made, complete this Section. "The proposed activity complies with New York State's approved Coastal Management Program, or with the applicable approved local waterfront revitalization program, and will be conducted in a manner consistent with such program." Applicant/Agent's Name:_____________________________________________________________________ Address:__________________________________________________________________________________ Telephone: Area Code ( )________________________________________________________________ Applicant/Agent's Signature:__________________________________________ Date:___________________ F. SUBMISSION REQUIREMENTS 1. The applicant or agent shall submit the following documents to the New York State Department of State, Office of Coastal, Local Government and Community Sustainability, Attn: Consistency Review Unit, 1 Commerce Plaza, 99 Washington Avenue - Suite 1010, Albany, New York 12231. a. Copy of original signed form. b. Copy of the completed federal agency application. c. Other available information which would support the certification of consistency. 2. The applicant or agent shall also submit a copy of this completed form along with his/her application to the federal agency. 3. If there are any questions regarding the submission of this form, contact the Department of State at (518) 474-6000. *These state and local documents are available for inspection at the offices of many federal agencies, Department of environmental Conservation and Department of State regional offices, and the appropriate regional and county planning agencies. Local program documents are also available for inspection at the offices of the appropriate local government. Azure Dee Sleicher, P.E., Ocean and Coastal Consultants Engineering, P.C. 35 Corporate Drive, Trumbull CT 06611 268-5007 NYSDEC & USACE Joint Permit Application Village of Croton-on-Hudson Croton Yacht Club - Bulkhead Replacement October 2011 OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. ATTACHMEN T 9 N EW YORK STATE DEPARTMEN T OF EN VIRON MEN TAL CON SERVATION & UN ITED STATES ARMY CORPS OF EN GIN EERS AN ALYSIS OF POTEN TIALLY AFFECTED COASTAL POLICIES CROTON YACHT CLUB - BULKHEAD REPLACEMEN T CROTON -ON -HUDSON N EW YORK NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement N EW YORK STATE COASTAL POLICIES DEVELOPMEN T POLICIES POLICY 1: RESTORE, REVITALIZE, AN D REDEVELOP DETERIORATED AN D UN DERUTILIZED WATERFRON T AREAS FOR COMMERCIAL, IN DUSTRIAL, CULTURAL, RECREATION AL, AN D OTHER COMPATIBLE USES. The proposed project involves replacing an existing deteriorated steel sheet pile bulkhead at the Croton Yacht Club. The site is currently utilized for recreational boating access to the Hudson River. The proposed bulkhead replacement will allow for continued safe recreational use of the site, and is therefore in compliance with this policy. POLICY 2: FACILITATE THE SITIN G OF WATER-DEPEN DEN T USES AN D FACILITIES ON OR ADJACEN T TO COASTAL WATERS. Croton Yacht Club is a yacht club and marina. The project site currently facilitates water dependant uses by providing access for boaters to the Hudson River. The proposed bulkhead replacement will protect the site and will enable continued use of the Club’s facilities, consistent with this policy. FISH AN D WILDLIFE POLICIES POLICY 7: SIGN IFICAN T COASTAL FISH AN D WILDLIFE HABITATS WILL BE PROTECTED, PRESERVED, AN D WHERE PRACTICAL, RESTORED SO AS TO MAIN TAIN THEIR VIABILITY AS HABITATS. According to the Village of Croton-on-Hudson Local Waterfront Revitalization Program, Haverstraw Bay is designated by both the NYSDEC and NYSDOS as a significant fish and wildlife habitat area. Haverstraw Bay regularly comprises a substantial part of the nursery area for striped bass, tomcod, and Atlantic sturgeon that are produced in the Hudson. Other anadromous species, such as American shad, blueback herring, and alewife, spawn in upstream freshwater areas, but move south and feed in this area before returning to the River in the fall. Haverstraw Bay is also an important nursery and feeding area within the Hudson for certain marine species, most notably bay anchovy, Atlantic menhaden, bluefish, weakfish, and blue claw crab. Depending on location of the salt front, a majority of the spawning and juvenile Atlantic sturgeon wintering in the Hudson may reside in Haverstraw Bay. A portion of the shortnose sturgeon population, a Federal endangered species, also winters in this area. Because the nature of the proposed activities is limited to driving steel sheet pile directly adjacent to an existing steel sheet pile bulkhead, any disturbances from such activities will be temporary and localized, and are not expected to have a significant effect upon essential fish habitat. These organisms have experienced regular disturbances in the Haverstraw Bay from OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement such activities as dredging and boating, and it is presumed that their migratory and feeding patterns have adapted to such activities. The proposed activity will not substantially degrade water quality, increase turbidity or sedimentation, or alter water salinities or temperatures in Haverstraw Bay, and therefore are not expected to result in a significant impairment of habitat. Although the project does involve bulkhead oversheeting and placing approximately 295 cubic yards of fill below the Spring High Tide Line, the fill will not be placed directly into the habitat area as it will be contained behind the bulkhead. The new bulkhead will be driven within 18 inches of the existing bulkhead and therefore will not result in a significant loss of habitat. Although impacts from the proposed activities are expected to be temporary and localized, the applicant will comply with any State or Federally issued time restrictions on the proposed work, if deemed necessary. FLOODIN G AN D EROSION HAZARDS POLICIES POLICY 11: BUILDIN GS AN D OTHER STRUCTURES WILL BE SITED IN THE COASTAL AREA SO AS TO MIN IMIZE DAMAGE TO PROPERTY AN D THE EN DAN GERIN G OF HUMAN LIVES CAUSED BY FLOODIN G AN D EROSION . There are no new structures proposed, only the replacement of existing erosion control structures. This bulkhead replacement will provide structural stability to inland areas and structures, as well as provide continued erosion control to the site. POLICY 12: ACTIVITIES OR DEVELOPMEN T IN THE COASTAL AREA WILL BE UN DERTAKEN SO AS TO MIN IMIZE DAMAGE TO N ATURAL RESOURCES AN D PROPERTY FROM FLOODIN G AN D EROSION BY PROTECTIN G N ATURAL PROTECTIVE FEATURES IN CLUDIN G BEACHES, DUN ES, BARRIER ISLAN DS AN D BLUFFS. The proposed project will have no adverse impacts to natural resources and/or property. The plan to oversheet the existing bulkhead will not cause adverse impacts to the site. The site is currently bordered on three sides by a steel sheet pile bulkhead, and no natural protective features such as beaches, dunes, or bluffs exist at the site. The proposed work will maintain the current nature of the shoreline by replacing the existing bulkhead which is severely deteriorated, thereby preventing future erosion that could occur if the bulkhead were allowed to deteriorate further. In addition, the top of new bulkhead elevation will be 3 feet above existing and proposed grade elevation. The increased elevation of the top of the bulkhead will afford some additional protection from flooding to the upland property. The above-grade portion of the bulkhead will have scuppers at 20 feet on-center, in order to allow drainage of surface water from the upland to the Hudson River, as it currently exists. POLICY 13: THE CON STRUCTION OR RECON STRUCTION OF EROSION PROTECTION STRUCTURES SHALL BE UN DERTAKEN ON LY IF THEY HAVE A REASON ABLE PROBABILITY OF CON TROLLIN G EROSION FOR AT LEAST THIRTY YEARS AS DEMON STRATED IN OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement DESIGN AN D CON STRUCTION STAN DARDS AN D/OR ASSURED MAIN TEN AN CE OR REPLACEMEN T PROGRAMS. The existing bulkhead is estimated to have been constructed in the late 1950's but is at the end of its service life. The steel sheet pile bulkhead oversheeting will provide a minimum of 30 years of protection. While the standard steel sheet pile bulkhead has a design life of approximately 30 years, routine maintenance can prolong the design life. Newer technology such as protective coatings and cathodic protection can help maintain a bulkhead in good condition for a longer period of time. The applicant is considering the installation of an impressed current cathodic protection (ICCP) system on the bulkhead, and intends to perform routine inspections and maintenance such as protective coating repair, in order to maximize the bulkhead's service life. With the ICPP system and protective coating in place and properly maintained, the anticipated design life of the bulkhead is 50 years. POLICY14: ACTIVITIES AN D DEVELOPMEN T, IN CLUDIN G THE CON STRUCTION OR RECON STRUCTION OF EROSION PROTECTION STRUCTURES, SHALL BE UN DERTAKEN SO THAT THERE WILL BE N O MEASUREABLE IN CREASE IN EROSION OR FLOODIN G AT THE SITE OF SUCH ACTIVITIES OR DEVELOPMEN T, OR AT OTHER LOCATION S. All proposed structures are to be built equal to, if not better than, the erosion control structures in place at the site now. The proposed structures will have no measurable increase in erosion or flooding at the site. The proposed replacement structures will not increase erosion or flooding off site. POLICY 15: MIN IN G, EXCAVATION OR DREDGIN G IN COASTAL WATERS SHALL N OT SIGN IFICAN TLY IN TERFERE WITH THE N ATURAL COASTAL PROCESSES WHICH SUPPLY BEACH MATERIALS TO LAN D ADJACEN T TO SUCH WATERS AN D SHALL BE UN DERTAKEN IN A MAN N ER WHICH WILL N OT CAUSE AN IN CREASE IN EROSION OF SUCH LAN D. The proposed work will not involve any mining, excavation, or dredging in coastal waters. The proposed work involves oversheeting of an existing steel sheet pile bulkhead. Therefore, the current nature of the shoreline will be maintained and the proposed work will not significantly interfere with natural coastal processes or cause an increase in erosion for adjacent lands.   POLICY 16: PUBLIC FUN DS SHALL ON LY BE USED FOR EROSION PROTECTIVE STRUCTURES WHERE N ECESSARY TO PROTECT HUMAN LIFE, AN D N EW DEVELOPMEN T WHICH REQUIRES A LOCATION WITHIN OR ADJACEN T TO AN EROSION HAZARD AREA TO BE ABLE TO FUN CTION , OR EXISTIN G DEVELOPMEN T; AN D ON LY WHERE THE PUBLIC BEN EFITS OUTWEIGH THE LON G TERM MON ETARY AN D OTHER COSTS IN CLUDIN G THE POTEN TIAL FOR OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement IN CREASIN G EROSION AN D ADVERSE EFFECTS ON N ATURAL PROTECTIVE FEATURES. The project site is owned by the Village of Croton-on-Hudson, and therefore the proposed project will be undertaken using public funds. The use of public funds for this project is compliant with this policy because it involves the replacement of an existing erosion protection structure at an existing development. The existing site is currently leased by and used by the Croton Yacht Club, which facilitates water dependent use by members of the community. The proposed repair will allow for continued water dependent use of the site. In addition, the proposed project includes a 10 foot wide walkway which is intended for public access along the Hudson River waterfront. POLICY 17: WHEN EVER POSSIBLE, USE N ON -STRUCTURAL MEASURES TO MIN IMIZE DAMAGE TO N ATURAL RESOURCES AN D PROPERTY FROM FLOODIN G AN D EROSION . SUCH MEASURES SHALL IN CLUDE: (1) THE SET BACK OF BUILDIN GS AN D STRUCTURES; (2) THE PLAN TIN G OF VEGETATION AN D THE IN STALLATION OF SAN D FEN CIN G AN D DRAIN IN G; (3) THE RESHAPIN G OF BLUFFS; AN D (4) THE FLOOD-PROOFIN G OF BUILDIN GS OR THEIR ELEVATION ABOVE THE BASE FLOOD LEVEL. It is estimated that the existing structures have been in place since the late 1950's. Due to the age and location of the existing structures, non-structural measures to protect the property from flooding and erosion are not feasible. Future improvements to the property may include non- structural measures such as elevating and flood proofing new buildings. POLICY 19: PROTECT, MAIN TAIN , AN D IN CREASE THE LEVEL AN D TYPES OF ACCESS TO PUBLIC WATER-RELATED RECREATION RESOURCES AN D FACILITIES. The proposed project will protect and maintain the existing publicly owned property and its use as a yacht club and marina. While the yacht club is private, many members of the local community are members and utilize the club’s facilities for recreation. POLICY 20: ACCESS TO THE PUBLICLY-OWN ED FORESHORE AN D TO LAN DS IMMEDIATELY ADJACEN T TO THE FORESHORE OR THE WATER'S EDGE THAT ARE PUBLICLY-OWN ED SHALL BE PROVIDED AN D IT SHALL BE PROVIDED IN A MAN N ER COMPATIBLE WITH ADJOIN IN G USES. The proposed project includes a 10 foot wide walkway immediately adjacent to the water's edge, which is intended for public access along the Hudson River waterfront. This proposed walkway will replace an existing, narrower walkway, and will be entirely compatible with existing adjoining uses of the property, such as boating, by yacht club members. OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement RECREATION POLICY 21: WATER-DEPEN DEN T AN D WATER-EN HAN CED RECREATION WILL BE EN COURAGED AN D FACILITATED, AN D WILL BE GIVEN PRIORITY OVER N ON -WATER RELATED USES ALON G THE COAST The proposed project will encourage water-dependent and water-enhanced recreation by maintaining the existing water-dependent use of the property as a yacht club and marina. POLICY22: DEVELOPMEN T, WHEN LOCATED ADJACEN T TO THE SHORE, WILL PROVIDE FOR WATER-RELATED RECREATION , WHEN EVER SUCH USE IS COMPATIBLE WITH REASON ABLY AN TICIPATED DEMAN D FOR SUCH ACTIVITIES, AN D IS COMPATIBLE WITH THE PRIMARY PURPOSE OF THE DEVELOPMEN T. Croton Yacht Club is a yacht club and marina. The proposed structures are intended to provide continued protection the property and to provide access to the Hudson River so that water-related recreation is allowed to continue. WATER AN D AIR RESOURCES POLICIES POLICY 30: MUN ICIPAL, IN DUSTRIAL, AN D COMMERCIAL DISCHARGE OF POLLUTAN TS, IN CLUDIN G BUT N OT LIMITED TO, TOXIC AN D HAZARDOUS SUBSTAN CES, IN TO COASTAL WATERS WILL CON FORM TO STATE AN D N ATION AL WATER QUALITY STAN DARDS. No discharge of pollutants into coastal waters is anticipated to result from the proposed activity. The proposed work involves driving steel sheet pile 18 inches outboard of the existing steel sheet pile bulkhead, and filling the void between the existing and new steel sheet pile bulkhead with lightweight concrete fill. The fill will be isolated from coastal waters since it will be contained behind the new steel sheet pile bulkhead. Therefore the proposed work is in compliance with this policy. POLICY 35: DREDGIN G AN D FILLIN G IN COASTAL WATERS AN D DISPOSAL OF DREDGED MATERIAL WILL BE UN DERTAKEN IN A MAN N ER THAT MEETS EXISTIN G STATE PERMIT REQUIREMEN TS, AN D PROTECTS SIGN IFICAN T FISH AN D WILDLIFE HABITATS, SCEN IC RESOURCES, N ATURAL PROTECTIVE FEATURES, IMPORTAN T AGRICULTURAL LAN DS, AN D WETLAN DS. The proposed work involves backfilling with lightweight concrete fill between the existing and proposed steel sheet pile bulkheads. The total amount of backfill to be used in the project is approximately 340.5 cubic yards, with approximately 295 cubic yards of backfill below the plane of spring high tide. The concrete fill will be delivered to the site by a ready mix concrete truck and placed by chute in a flowable condition, directly into the cavity to be filled, or into a pump for final OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. placement. The concrete will fill the void between the existing and proposed steel sheet pile bulkheads, from the mudline up to the existing grade elevation. There will be no fill placed directly into coastal waters, as it will all be contained behind the bulkhead; therefore, the proposed placement of fill is not anticipated to have an adverse impact on water quality, fish and wildlife habitats, or other important coastal resources. The applicant will comply with any State or Federally issued permit requirements. POLICY 38: THE QUALITY AN D QUAN TITY OF SURFACE WATER AN D GROUN DWATER SUPPLIES WILL BE CON SERVED AN D PROTECTED, PARTICULARLY WHERE SUCH WATERS CON STITUTE THE PRIMARY OR SOLE SOURCE OF WATER SUPPLY. The proposed work will have no effect on the quality or quantity of surface or groundwater supplies. Therefore, this policy is not applicable. POLICY 40: EFFLUEN T DISCHARGED FROM MAJOR STEAM ELECTRIC GEN ERATIN G AN D IN DUSTRIAL FACILITIES IN TO COASTAL WATERS WILL N OT BE UN DULY IN JURIOUS TO FISH AN D WILDLIFE AN D SHALL CON FORM TO STATE WATER QUALITY STAN DARDS. The proposed site is not an electric generating or industrial facility. Therefore, this policy is not applicable. WETLAN DS POLICY POLICY 44: PRESERVE AN D PROTECT TIDAL AN D FRESHWATER WETLAN DS AN D PRESERVE THE BEN EFITS DERIVED FROM THESE AREAS. By definition, all lands surrounding the coastal waters of New York are considered tidal wetlands. Therefore, by definition, the proposed activity will be located in an area of Tidal Wetlands. The impact of the proposed structures on the natural environment will be minimized through proper planning and design, replacing damaged erosion control structures with steel sheet pile bulkhead oversheeting. NYSDEC & USACE Joint Permit Application Village of Croton-on-Hudson Croton Yacht Club - Bulkhead Replacement October 2011 OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. ATTACHMEN T 10 N EW YORK STATE DEPARTMEN T OF EN VIRON MEN TAL CON SERVATION & UN ITED STATES ARMY CORPS OF EN GIN EERS VILLAGE OF CROTON -ON -HUDSON COASTAL ASSESSMEN T FORM CROTON YACHT CLUB - BULKHEAD REPLACEMEN T CROTON -ON -HUDSON N EW YORK Village of Croton-on-Hudson COASTAL ASSESSMENT FORM A. INSTRUCTIONS (Please print or type all answers) 1. Applicants, or in the case of direct actions (city, town, village) agencies, shall complete this CAF for proposed actions which are subject to the consistency review law. This assessment is intended to supplement other information used by a (city, town, village) agency in making a determination of consistency. 2. Before answering the questions in Section C, the preparer of this form should review the policies and explanations of policy contained in the Local Waterfront Revitalization Program (LWRP), a copy of which is on file in the (city, town, village) clerk's office. A proposed action should be evaluated as to its significant beneficial and adverse effects upon the coastal area. 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. 1. Type of (city, town, village) agency action (check appropriate response): a) Directly undertaken (e.g. capital construction, planning activity, agency regulation, land transaction) _____________________________________________ b) Financial assistance (e.g. grant, loan, subsidy) ______________________________ c) Permit, approval, license, certification _____________________________________ d) Agency undertaking action ______________________________________________ 2. Describe nature and extent of action: _________________________________________ 3. Location of actions: _______________________________________________________ (street or site description) construction Village of Croton-on-Hudson replacement of approximately 433 LF of existing steel sheet pile bulkhead, by oversheeting with new steel sheet pile bulkhead Croton Yacht Club 1.1 acres yacht cub, marina WC (Waterfront Commercial) 7. List and describe any unique or unusual land forms within or contiguous to the project site (i.e. bluffs, dunes, swales, ground depressions, other geological formations: 8. Percent of site which contains slopes of 15% or greater: __________________________ 9. List and describe streams, lakes, ponds or wetlands existing within or contiguous to the project area. Give name and size of each if available: a) b) 10. If an application for the proposed action has been filed with the (city, town, village) a) b) c) d) 11. Will the action be directly undertaken, require funding or approval by a state or federal agency? If yes, which state or federal agency?___________________________ C. COASTAL ASSESSMENT: (Check either "yes" or "no" for each of the following questions) YES NO 1. Will the proposed action be located in, or contiguous to, or have a potentially adverse effect upon any of the resource areas identified on the coastal area map: _____ _____ a) Significant fish or wildlife habitats? _____ _____ b) Scenic resources of local or statewide significance? _____ _____ c) Important agricultural lands? _____ _____ d) Natural protective features in an erosion hazard area? _____ _____ If the answer to any question above is "yes", please explain in Section D any measures which will be undertaken to mitigate any adverse effects. N/A. Site is currently surrounded on 3 sides by a steel sheet pile bulkhead. N/A NYSDEC, NYSDOS, USACE (approvals required) YES NO 2. Will the proposed action have a significant effect upon: a) Commercial or recreational use of fish and wildlife resources? _____ _____ b) Scenic quality of the coastal environment? _____ _____ c) Development of future or existing water dependent uses? _____ _____ d) Operation of the State's major ports? _____ _____ e) Land or water uses within a small harbor area? _____ _____ f) Stability of the shoreline? _____ _____ g) Surface or groundwater quality? _____ _____ h) Existing or potential public recreation opportunities? _____ _____ i) Structures, sites or districts of historic, archeological or cultural significance to the (city, town, village), State or nation? _____ _____ 3. Will the proposed action involve or result in any of the following: a) Physical alteration of land along the shoreline, land under water or coastal waters? _____ _____ b) Physical alteration of two (2) acres or more of land located elsewhere in the coastal area? _____ _____ c) Expansion of existing public services or infrastructure in undeveloped or low density areas of the coastal area? _____ _____ d) Energy facility not subject to Article VII or VIII of the Public Service Law? _____ _____ e) Mining, excavation, filling or dredging in coastal waters? _____ _____ f) Reduction of existing or potential public access to or along the shore? _____ _____ g) Sale or change in use of publicly-owned lands located on shoreline or under water? _____ _____ h) Development within a designated flood or erosion hazard area? _____ _____ i) Development on a beach, dune, barrier island or other natural feature that provides protection against flooding or erosion? _____ _____ j) Construction or reconstruction of erosion protective structures? _____ _____ k) Diminished surface or groundwater quality? _____ _____ l) Removal of ground cover from the site? _____ _____ 4. Project a) If project is to be located adjacent to shore: YES NO 1. Will water-related recreation be provided? _____ _____ 2. Will public access to the foreshore be provided? _____ _____ 3. Does the project require a waterfront site? _____ _____ 4. Does it supplant a recreational or maritime use? _____ _____ 5. Do essential public services and facilities presently exist at or near the site? _____ _____ 6. Is it located in a flood prone area? _____ _____ 7. Is it located in an area of high erosion? _____ _____ b) If the project site is publicly owned: 1. Will the project protect, maintain and/or increase the level and types of public access to water-related recreation resources and facilities? _____ _____ 2. If located in the foreshore, will access to those and adjacent lands be provided? _____ _____ 3. Will it involve the siting and construction of major energy facilities? _____ _____ 4. Will it involve the discharge of effluent from major steam electric generating and industrial facilities into coastal facilities? _____ _____ c) Is the project site presently used by the community neighborhood an open space or recreation area? _____ _____ d) Does the present site offer or include scenic views or vistas known to be important to the community? _____ _____ e) Is the project site presently used for commercial fishing or fish processing? _____ _____ f) Will the surface area of any waterways or wetland area be increased or decreased by the proposals? _____ _____ g) Does any mature forest (over 100 years old) or other locally important vegetation exist on this site which will be removed by the project? _____ _____ h) Will the project involve any waste discharges into coastal waters? _____ _____ i) Does the project involve surface or subsurface liquid waste disposal? _____ _____ j) Does the project involve transport, storage, treatment or disposal of solid waste or hazardous materials? _____ _____ YES NO k) Does the project involve shipment or storage of petroleum products? _____ _____ l) Does the project involve discharge of toxic hazardous substances or other pollutants into coastal waters? _____ _____ m) Does the project involve or change existing ice management practices? _____ _____ n) Will the project affect any area designated as a tidal or freshwater wetland? _____ _____ o) Will the project alter drainage flow, patterns or surface water runoff on or from the site? _____ _____ p) Will best management practices be utilized to control storm water runoff into coastal waters? _____ _____ q) Will the project utilize or affect the quality or quantity of sole source or surface water supplies? _____ _____ r) Will the project cause emissions which exceed federal or state air quality standards or generate significant amounts of nitrates or sulfates? _____ _____ D. REMARKS OR ADDITIONAL INFORMATION. For questions answered “yes” in Section C, explain methods you will undertake to reduce adverse effects. Review the LWRP to see if the project is consistent with each policy. List policies the project is not consistent with and explain all mitigating actions. (Add any additional sheets necessary to complete this form) See attachment. The final version of this form shall be sent to the Department of State (New York State Dept. of State, Coastal Management Program, 162 Washington Avenue, Albany, NY 12231) if any question in Section C is answered “yes” and either of the following conditions is met. • Section B.1 (a) or B.1 (b) is checked OR • Section B.1 (c) and B.11 is answered “yes” If assistance or further information is needed to complete this form, please contact the Village Engineer at (914) 271-4783. Azure Dee Sleicher, P.E. Project Manager Ocean and Coastal Consultants Engineering, P.C. 268-5007 azsl@ocean-coastal.com October 2011 NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement VILLAGE OF CROTON -ON -HUDSON COASTAL ASSESSMEN T C. COASTAL ASSESSMEN T 1. Will the proposed action be located in, or contiguous to, or have a potentially adverse effect upon any of the resource areas identified on the coastal area map? a) Significant fish or wildlife habitats? YES According to the Village of Croton-on-Hudson Local Waterfront Revitalization Program, Haverstraw Bay is designated by both the NYSDEC and NYSDOS as a significant fish and wildlife habitat area. Haverstraw Bay regularly comprises a substantial part of the nursery area for striped bass, tomcod, and Atlantic sturgeon that are produced in the Hudson. Other anadromous species, such as American shad, blueback herring, and alewife, spawn in upstream freshwater areas, but move south and feed in this area before returning to the River in the fall. Haverstraw Bay is also an important nursery and feeding area within the Hudson for certain marine species, most notably bay anchovy, Atlantic menhaden, bluefish, weakfish, and blue claw crab. Depending on location of the salt front, a majority of the spawning and juvenile Atlantic sturgeon wintering in the Hudson may reside in Haverstraw Bay. A portion of the shortnose sturgeon population, a Federal endangered species, also winters in this area. Because the nature of the proposed activities is limited to driving steel sheet pile directly adjacent to an existing steel sheet pile bulkhead, any disturbances from such activities will be temporary and localized, and are not expected to have a significant effect upon essential fish habitat. These organisms have experienced regular disturbances in the Haverstraw Bay from such activities as dredging and boating, and it is presumed that their migratory and feeding patterns have adapted to such activities. The proposed activity will not substantially degrade water quality, increase turbidity or sedimentation, or alter water salinities or temperatures in Haverstraw Bay, and therefore are not expected to result in a significant impairment of habitat. Although the project does involve bulkhead oversheeting and placing approximately 295 cubic yards of fill below the Spring High Tide Line, the fill will not be placed directly into the habitat area as it will be contained behind the bulkhead. The new bulkhead will be driven within 18 inches of the existing bulkhead and therefore will not result in a significant loss of habitat. Although impacts from the proposed activities are expected to be temporary and localized, the applicant will comply with any State or Federally issued time restrictions on the proposed work, if deemed necessary. 2. Will the proposed action have a significant effect upon: OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement a) Commercial or recreational use of fish and wildlife resources? YES The proposed project will have a beneficial effect upon recreational use of fish and wildlife resources. The proposed work involves replacing an existing deteriorated steel sheet pile bulkhead at the Croton Yacht Club, and therefore will allow continued use of this facility for boating and access to the Hudson River for such activities as fishing and passive viewing of the wildlife resources in the area. b) Scenic quality of the coastal environment? YES The proposed project will have a positive impact upon the scenic quality of the coastal environment because it will involve the rehabilitation of the shoreline by installing a new steel sheet pile bulkhead to replace an existing deteriorated steel sheet pile bulkhead. The appearance of this portion of the shoreline will therefore be improved. c) Development of future or existing water dependent uses? YES The proposed project will maintain a site that has existing water dependent uses, by replacing an existing deteriorated steel sheet pile bulkhead. In addition, this project involves the construction of a 10 foot wide public access walkway along the water's edge. e) Land or water uses within a small harbor area? YES Croton Yacht Club is a yacht club and marina. The project site currently facilitates water dependant uses by providing access for boaters to the Hudson River. The proposed bulkhead replacement will protect the site and will enable continued use of the Club’s facilities, consistent with this policy. f) Stability of the shoreline? YES The proposed bulkhead replacement will provide structural stability to inland areas and structures, as well as provide continued erosion control to the site. h) Existing or potential public recreation opportunities? YES The proposed project involves replacing an existing deteriorated steel sheet pile bulkhead at the Croton Yacht Club. The site is currently utilized for recreational boating access to the Hudson River. The proposed bulkhead replacement will allow for continued safe recreational use of the site. 3. Will the proposed action involve or result in any of the following: OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement a) Physical alteration of land along shoreline, land under water, or coastal waters? YES The proposed work will involve very minor alteration of land along the shoreline. The work involves oversheeting an existing steel sheet pile bulkhead, and therefore will not change the character of the shoreline. The new bulkhead structure will be located 18 inches offshore of the existing bulkhead, resulting in minimal encroachment into coastal waters. h) Development within a designated flood or erosion hazard area? YES The project site is located in a flood zone. The existing grade of the upland is only approximately 2 feet above Mean Higher High Water (MHHW) and therefore the site floods regularly. A 3-foot-high rock gabion currently lines the offshore perimeter of the property, on the northwest and southwest sides. The gabion serves as additional protection for the upland during flood events. The proposed work involves removing this rock gabion, and constructing the new bulkhead such that the top of new bulkhead elevation will be 3 feet above existing and proposed grade elevation. The increased elevation of the top of the bulkhead will afford some additional protection from flooding to the upland property. The above-grade portion of the bulkhead will have scuppers at 20 feet on-center, in order to allow drainage of surface water from the upland to the Hudson River, as it currently exists. j) Construction or reconstruction of erosion protective structures? YES The proposed project will involve replacement of the existing erosion control structure by oversheeting the existing steel sheet pile bulkhead with new a steel sheet pile bulkhead. 4. Project a) If project is to be located adjacent to shore: 1) Will water-related recreation be provided? YES The site is a yacht club and marina that facilitates water dependant uses by providing access for boaters to the Hudson River. The proposed replacement of the existing bulkhead will enable continued use of the Club’s facilities for water-related recreation. 2) Will public access to the foreshore be provided? YES The proposed structures will enable access to the foreshore as it currently exists. 3) Does the project require a waterfront site? YES See item (1) above. OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement 5) Do essential public services and facilities presently exist at or near the site? YES The site is an established yacht club and marina. Services and facilities that exist at the site will remain. 6) Is it located in a flood prone area? YES The project site is located in a flood zone. The proposed structures will aid to reduce the adverse impacts of floods. b) If the project site is publicly owned: 1) Will the project protect, maintain and/or increase the level and types of public access to water-related recreation resources and facilities? YES The proposed project will protect and maintain the existing publicly owned property and its use as a yacht club and marina. While the yacht club is private, many members of the local community are members and utilize the club’s facilities for recreation. In addition, the proposed project includes a 10 foot wide walkway immediately adjacent to the water's edge, which is intended for public access along the Hudson River waterfront. This proposed walkway will replace an existing, narrower walkway, and will be entirely compatible with existing adjoining uses of the property, such as boating, by yacht club members. 2) If located in the foreshore, will access to those and adjacent lands be provided? YES The project site is located above the high tide line and therefore not in the foreshore. However, access to the adjacent upland will be provided to the public by means of a newly constructed 10 foot wide public access walkway. c) Is the project site presently used by the community neighborhood as an open space or recreation area? YES While the club is private, many members of the local community are members and utilize the club’s facilities for recreation. d) Does the present site offer or include scenic views or vistas known to be important to the community? YES Similar to above, while the club is private, it does provide important scenic views to its members. The proposed public access walkway will encourage use of the site by the public. OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. f) Will the surface area of any waterways or wetland area be increased or decreased by the proposals? YES The new steel sheet pile bulkhead will be driven 18 inches outboard of the existing steel sheet pile bulkhead. This will result in a net decrease of approximately 830 square feet of surface area of the adjacent waterway. This decrease in waterway surface area is considered to be minimal, as it will be distributed over 433 linear feet of bulkhead shoreline. n) Will the project affect any area designated as a tidal or freshwater wetland? YES By definition, all lands surrounding the coastal waters of New York are considered tidal wetlands. Therefore, by definition, the proposed activity will be located in an area of Tidal Wetlands. The impact of the proposed structures on the natural environment will be minimized through proper planning and design. p) Will best management practices be utilized to control storm water runoff into coastal waters? YES The new bulkhead is proposed to be constructed such that the top of new bulkhead elevation will be 3 feet above existing and proposed grade elevation. The increased elevation of the top of the bulkhead will afford some additional protection from flooding to the upland property. The above-grade portion of the bulkhead will have scuppers at 20 feet on-center, in order to allow drainage of surface water from the upland to the Hudson River, as it currently exists. Therefore, the proposed work will not significantly alter drainage, flow patterns, or surface water runoff. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. VILLAGE OF CROTON -ON -HUDSON COASTAL POLICIES DEVELOPMEN T POLICIES POLICY 1: RESTORE, REVITALIZE, AN D REDEVELOP DETERIORATED AN D UN DERUTILIZED WATERFRON T AREAS FOR COMMERCIAL, IN DUSTRIAL, CULTURAL, RECREATION AL AN D OTHER COMPATABLE USES. The proposed project involves replacing an existing deteriorated steel sheet pile bulkhead at the Croton Yacht Club. The site is currently utilized for recreational boating access to the Hudson River. The proposed bulkhead replacement will allow for continued safe recreational use of the site, and is therefore in compliance with this policy. POLICY 2: FACILITATE THE SITIN G OF WATER DEPEN DEN T USES AN D FACILITIES ON OR ADJACEN T TO COASTAL WATERS. Croton Yacht Club is a yacht club and marina. The project site currently facilitates water dependant uses by providing access for boaters to the Hudson River. The proposed bulkhead replacement will protect the site and will enable continued use of the Club’s facilities, consistent with this policy. POLICY 3: THE STATE COASTAL POLICY REGARDIN G THE DEVELOPMEN T OF MAJOR PORTS IS N OT APPLICABLE TO CROTON . Not applicable. POLICY 4: THE STATE COASTAL POLICY REGARDIN G THE STREN GTHEN IN G OF SMALL HARBORS IS N OT APPLICABLE TO CROTON . Not applicable. POLICY 5: EN COURAGE THE LOCATION OF DEVELOPMEN T IN AREAS WHERE PUBLIC SERVICES AN D FACILITIES ESSEN TIAL TO SUCH DEVELOPMEN T ARE ADEQUATE, EXCEPT WHEN SUCH DEVELOPMEN T HAS SPECIAL FUN CTION AL REQUIREMEN TS OR OTHER CHARACTERISTICS WHICH N ECESSITATE ITS LOCATION IN OTHER COASTAL AREAS. The proposed project involves replacing a deteriorated steel sheet pile bulkhead at an existing marina and yacht club facility, which will allow for continued safe recreational use of the site. Services and facilities at this location are adequate and will be maintained. Therefore, the proposed work is in compliance with this policy. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. POLICY 6: EXPEDITE PERMIT PROCEDURES IN ORDER TO FACILITATE THE SITIN G OF DEVELOPMEN T ACTIVITIES AT SUITABLE LOCATION S. Since the Village of Croton-on-Hudson is the applicant, it is likely that coordination between State and Town can be streamlined in order to expedite permit procedures. FISH AN D WILDLIFE POLICIES POLICY 7: SIGN IFICAN T COASTAL FISH AN D WILDLIFE HABITATS WILL BE PROTECTED, PRESERVED, AN D, WHERE PRACTICAL, RESTORED SO AS TO MAIN TAIN THEIR VIABILITY AS HABITATS. According to the Village of Croton-on-Hudson Local Waterfront Revitalization Program, Haverstraw Bay is designated by both the NYSDEC and NYSDOS as a significant fish and wildlife habitat area. Haverstraw Bay regularly comprises a substantial part of the nursery area for striped bass, tomcod, and Atlantic sturgeon that are produced in the Hudson. Other anadromous species, such as American shad, blueback herring, and alewife, spawn in upstream freshwater areas, but move south and feed in this area before returning to the River in the fall. Haverstraw Bay is also an important nursery and feeding area within the Hudson for certain marine species, most notably bay anchovy, Atlantic menhaden, bluefish, weakfish, and blue claw crab. Depending on location of the salt front, a majority of the spawning and juvenile Atlantic sturgeon wintering in the Hudson may reside in Haverstraw Bay. A portion of the shortnose sturgeon population, a Federal endangered species, also winters in this area. Because the nature of the proposed activities is limited to driving steel sheet pile directly adjacent to an existing steel sheet pile bulkhead, any disturbances from such activities will be temporary and localized, and are not expected to have a significant effect upon essential fish habitat. These organisms have experienced regular disturbances in the Haverstraw Bay from such activities as dredging and boating, and it is presumed that their migratory and feeding patterns have adapted to such activities. The proposed activity will not substantially degrade water quality, increase turbidity or sedimentation, or alter water salinities or temperatures in Haverstraw Bay, and therefore are not expected to result in a significant impairment of habitat. Although the project does involve bulkhead oversheeting and placing approximately 295 cubic yards of fill below the Spring High Tide Line, the fill will not be placed directly into the habitat area as it will be contained behind the bulkhead. The new bulkhead will be driven within 18 inches of the existing bulkhead and therefore will not result in a significant loss of habitat. Although impacts from the proposed activities are expected to be temporary and localized, the applicant will comply with any State or Federally issued time restrictions on the proposed work, if deemed necessary. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. POLICY 8: PROTECT FISH AN D WILDLIFE RESOURCES IN THE COASTAL AREA FROM THE IN TRODUCTION OF HAZARDOUS WASTES AN D OTHER POLLUTAN TS WHICH BIO-ACCUMULATE IN THE FOOD CHAIN OR WHICH CAUSE SIGN IFICAN T SUBLETHAL OR LETHAL EFFECT ON THOSE RESOURCES. This policy is not applicable. The proposed work is not anticipated to result in the introduction of hazardous wastes or other pollutants into the coastal area. POLICY 9: EXPAN D RECREATION AL USE OF FISH AN D WILDLIFE RESOURCES IN COASTAL AREAS BY IN CREASIN G ACCESS TO EXISTIN G RESOURCES, SUPPLEMEN TIN G EXISTIN G STOCKS, AN D DEVELOPIN G N EW RESOURCES. SUCH EFFORTS SHALL BE MADE IN AMAN N ER WHICH EN SURES THE PROTECTION OF REN EWABLE FISH AN D WILDLIFE RESOURCES AN D CON SIDERS OTHER ACTIVITIES DEPEN DEN T ON THEM. The proposed work will maintain an existing facility that provides access for recreational use of fish and wildlife resources in a coastal area. Therefore, the proposed work is compliant with this policy. POLICY 10: FURTHER DEVELOP COMMERCIAL FlN FISH, SHELLFISH AN D CRUSTACEAN RESOURCES IN THE COASTAL AREA BY EN COURAGIN G THE CON STRUCTION OF N EW OR IMPROVEMEN T OF EXISTIN G ON -SHORE COMMERCIAL FISHIN G FACILITIES, IN CREASIN G MARKETIN G OF THE STATE'S SEAFOOD PRODUCTS, MAIN TAIN IN G ADEQUATE STOCKS, AN D EXPAN DIN G AQUACULTURE FACILITIES. SUCH EFFORTS SHALL BE MADE IN A MAN N ER WHICH EN SURES THE PROTECTION OF REN EWABLE FISH AN D WILDLIFE RESOURCES AN D CON SIDERS OTHER ACTIVITIES DEPEN DEN T ON THEM. This policy is not applicable. The project site is not a commercial fishing facility. FLOODIN G AN D EROSION POLICIES POLICY 11: BUILDIN GS AN D OTHER STRUCTURES WILL BE SITED IN THE COASTAL AREA SO AS TO MIN IMIZE DAMAGE TO PROPERTY AN D THE EN DAN GERIN G OF HUMAN LIVES CAUSED BY FLOODIN G AN D EROSION . There are no new structures proposed, only the replacement of existing erosion control structures. This bulkhead replacement will provide structural stability to inland areas and structures, as well as provide continued erosion control to the site. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. POLICY 12: ACTIVITIES OR DEVELOPMEN T IN THE COASTAL AREA WILL BE UN DERTAKEN SO AS TO MIN IMIZE DAMAGE TO N ATURAL RESOURCES AN D PROPERTY FROM FLOODIN G AN D EROSION BY PROTECTIN G N ATURAL PROTECTIVE FEATURES IN CLUDIN G BEACHES, DUN ES, BARRIER ISLAN DS AN D BLUFFS. PRIMARY DUN ES WILL BE PROTECTED FROM ALL EN CROACHMEN TS THAT COULD IMPAIR THEIR N ATURAL PROTECTIVE CAPACITY. The proposed project will have no adverse impacts to natural resources and/or property. The plan to oversheet the existing bulkhead will not cause adverse impacts to the site. The site is currently bordered on three sides by a steel sheet pile bulkhead, and no natural protective features such as beaches, dunes, or bluffs exist at the site. The proposed work will maintain the current nature of the shoreline by replacing the existing bulkhead which is severely deteriorated, thereby preventing future erosion that could occur if the bulkhead were allowed to deteriorate further. In addition, the top of new bulkhead elevation will be 3 feet above existing and proposed grade elevation. The increased elevation of the top of the bulkhead will afford some additional protection from flooding to the upland property. The above-grade portion of the bulkhead will have scuppers at 20 feet on-center, in order to allow drainage of surface water from the upland to the Hudson River, as it currently exists. POLICY 13: THE CON STRUCTION OR RECON STRUCTION OF EROSION PROTECTION STRUCTURES SHALL BE UN DERTAKEN ON LY IF THEY HAVE A REASON ABLE PROBABILITY OF CON TROLLIN G EROSION FOR AT LEAST THIRTY YEARS AS DEMON STRATED IN DESIGN AN D CON STRUCTION STAN DARDS AN D/OR ASSURED MAIN TEN AN CE OR REPLACEMEN T PROGRAMS. The existing bulkhead is estimated to have been constructed in the late 1950's but is at the end of its service life. The steel sheet pile bulkhead oversheeting will provide a minimum of 30 years of protection. While the standard steel sheet pile bulkhead has a design life of approximately 30 years, routine maintenance can prolong the design life. Newer technology such as protective coatings and cathodic protection can help maintain a bulkhead in good condition for a longer period of time. The applicant is considering the installation of an impressed current cathodic protection (ICCP) system on the bulkhead, and intends to perform routine inspections and maintenance such as protective coating repair, in order to maximize the bulkhead's service life. With the ICCP system and protective coating in place and properly maintained, the anticipated design life of the bulkhead is 50 years. POLICY 14: ACTIVITIES AN D DEVELOPMEN T, IN CLUDIN G THE CON STRUCTION OR RECON STRUCTION OF EROSION PROTECTION STRUCTURES, SHALL BE UN DERTAKEN SO THAT THERE WILL BE N O MEASURABLE IN CREASE IN EROSION OR FLOODIN G AT THE SITE OF SUCH ACTIVITIES OR DEVELOPMEN T, OR AT OTHER LOCATION S. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. All proposed structures are to be built equal to, if not better than, the erosion control structures in place at the site now. The proposed structures will have no measurable increase in erosion or flooding at the site. The proposed replacement structures will not increase erosion or flooding off site. POLICY 15: MIN IN G, EXCAVATION OR DREDGIN G IN COASTAL WATERS SHALL N OT SIGN IFICAN TLY IN TERFERE WITH THE N ATURAL COASTAL PROCESSES WHICH SUPPLY BEACH MATERIALS TO LAN D ADJACEN T TO SUCH WATERS AN D SHALL BE UN DERTAKEN IN A MAN N ER WHICH WILL N OT CAUSE AN IN CREASE IN EROSION OF SUCH LAN D. The proposed work will not involve any mining, excavation, or dredging in coastal waters. The proposed work involves oversheeting of an existing steel sheet pile bulkhead. Therefore, the current nature of the shoreline will be maintained and the proposed work will not significantly interfere with natural coastal processes or cause an increase in erosion for adjacent lands. POLICY 16: PUBLIC FUN DS SHALL ON LY BE USED FOR EROSION PROTECTIVE STRUCTURES WHERE N ECESSARY TO PROTECT HUMAN LIFE, AN D N EW DEVELOPMEN T WHICH REQUIRES A LOCATION WITHIN OR ADJACEN T TO AN EROSION HAZARD AREA TO BE ABLE TO FUN CTION , OR EXISTIN G DEVELOPMEN T; AN D ON LY WHERE THE PUBLIC BEN EFITS OUTWEIGH THE LON G TERM MON ETARY AN D OTHER COSTS IN CLUDIN G THE POTEN TIAL FOR IN CREASIN G EROSION AN D ADVERSE EFFECTS ON N ATURAL PROTECTIVE FEATURES. The project site is owned by the Village of Croton-on-Hudson, and therefore the proposed project will be undertaken using public funds. The use of public funds for this project is compliant with this policy because it involves the replacement of an existing erosion protection structure at an existing development. The existing site is currently leased by and used by the Croton Yacht Club, which facilitates water dependent use by members of the community. The proposed repair will allow for continued water dependent use of the site. In addition, the proposed project includes a 10 foot wide walkway which is intended for public access along the Hudson River waterfront. POLICY 17: WHEN EVER POSSIBLE, USE N ON -STRUCTURAL MEASURES TO MIN IMIZE DAMAGE TO N ATURAL RESOURCES AN D PROPERTY FROM FLOODIN G AN D EROSION . SUCH MEASURES SHALL IN CLUDE: (i) THE SETBACK OF BUILDIN GS AN D STRUCTURES; (ii) THE PLAN TIN G OF VEGETATION AN D THE IN STALLATION OF SAN D FEN CIN G AN D DRAIN IN G; (iii) THE RE-SHAPIN G OF BLUFFS; AN D (iv) THE FLOOD-PROOFIN G OF BUILDIN GS OR THEIR ELEVATION ABOVE THE BASE FLOOD LEVEL. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. It is estimated that the existing structures have been in place since the late 1950's. Due to the age and location of the existing structures, non-structural measures to protect the property from flooding and erosion are not feasible. Future improvements to the property may include non- structural measures such as elevating and flood proofing new buildings. POLICY 18: TO SAFEGUARD THE VITAL ECON OMIC, SOCIAL AN D EN VIRON MEN TAL IN TERESTS OF THE STATE AN D OF ITS CITIZEN S, PROPOSED MAJOR ACTION S IN THE COASTAL AREA MUST GIVE FULL CON SIDERATION TO THOSE IN TERESTS, AN D TO THE SAFEGUARDS WHICH THE STATE HAS ESTABLISHED TO PROTECT VALUABLE COASTAL RESOURCE AREAS. The proposed work is not considered to be a major action, since it involves oversheeting of an existing steel sheet pile bulkhead at an existing facility. The proposed work will allow the current use of the site to be maintained, and is therefore is in the best interest of the State, Village, and its Citizens. The work will be performed using best management practices and in accordance with any applicable permit conditions, and is not anticipated to have any significant environmental impact. Therefore the proposed work is compliant with this policy. POLICY 19: PROTECT, MAIN TAIN , AN D IN CREASE THE LEVEL AN D TYPES OF ACCESS TO PUBLIC WATER-RELATED RECREATION RESOURCES AN D FACILITIES SO THAT THESE RESOURCES AN D FACILITIES MAY BE FULLY UTILIZED IN ACCORDAN CE WITH REASON ABLY AN TICIPATED PUBLIC RECREATION N EEDS AN D THE PROTECTION OF HISTORIC AN D N ATURAL RESOURCES. IN PROVIDIN G SUCH ACCESS, PRIORITY WILL BE GIVEN TO PUBLIC BEACHES, BOATIN G FACILITIES, FISHIN G AREAS AN D WATERFRON T PARKS. The proposed project will protect and maintain the existing publicly owned property and its use as a yacht club and marina. While the yacht club is private, many members of the local community are members and utilize the club’s facilities for recreation. The proposed work is consistent with this policy. POLICY 20: ACCESS TO THE PUBLICLY-OWN ED FORESHORE AN D TO LAN DS IMMEDIATELY ADJACEN T TO THE FORESHORE OR THE WATER'S EDGE THAT ARE PUBLICLY-OWN ED SHALL BE PROVIDED AN D IT SHOULD BE PROVIDED IN A MAN N ER COMPATIBLE WITH ADJOIN IN G USES. SUCH LAN DS SHALL BE RETAIN ED IN PUBLIC OWN ERSHIP. The proposed project includes a 10 foot wide walkway immediately adjacent to the water's edge, which is intended for public access along the Hudson River waterfront. This proposed walkway will replace an existing, narrower walkway, and will be entirely compatible with existing NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. adjoining uses of the property, such as boating, by yacht club members. Therefore, the proposed work is consistent with this policy. RECREATION POLICIES POLICY 21: WATER DEPEN DEN T AN D WATER EN HAN CED RECREATION WILL BE EN COURAGED AN D FACILITATED, AN D WILL BE GIVEN PRIORITY OVER N ON -WATER RELATED USES ALON GTHE COAST, PROVIDED IT IS CON SISTEN T WITH THE PRESERVATION AN D EN HAN CEMEN T OF OTHER COASTAL RESOURCES AN D TAKES IN TO ACCOUN T DEMAN D FOR SUCH FACILITIES. IN FACILITATIN G SUCH ACTIVITIES, PRIORITY SHALL BE GIVEN TO AREAS WHERE ACCESS TO THE RECREATION OPPORTUN ITIES OF THE COAST CAN BE PROVIDED BY N EW OR EXISTIN G PUBLIC TRAN SPORTATION SERVICES AN D TO THOSE AREAS WHERE THE USE OF THE SHORE IS SEVERELY RESTRICTED BY EXISTIN G DEVELOMEN T. The proposed project will encourage water-dependent and water-enhanced recreation by maintaining the existing water-dependent use of the property as a yacht club and marina. Therefore, the proposed work is consistent with this policy. POLICY 22: DEVELOPMEN T WHEN LOCATED ADJACEN T TO THE SHORE WILL PROVIDE FOR WATER-RELATED RECREATION , AS A MULTIPLE USE, WHEN EVER SUCH RECREATION AL USE IS APPROPRIATE IN LIGHT OF REASON ABLY AN TICIPATED DEMAN D FOR SUCH ACTIVITIES AN D THE PRIMARY PURPOSE OF THE DEVELOPMEN T. Croton Yacht Club is a yacht club and marina. The proposed structures are intended to provide continued protection the property and to provide access to the Hudson River so that water-related recreation is allowed to continue. Therefore, the proposed work is consistent with this policy. POLICY 23: PROTECT, EN HAN CE AN D RESTORE STRUCTURES, DISTRICTS, AREAS OF SITES THAT ARE OF SIGN IFICAN CE IN THE HISTORY, ARCHITECTURE, ARCHAEOLOGY OR CULTURE OF THE STATE, ITS COMMUN ITIES, OR THE N ATION . The project site is not located in an area of historic, archeologic, architectural, or cultural significance. Therefore, this policy is not applicable. POLICY 24: PREVEN T IMPAIRMEN T OF SCEN IC RESOURCES OF STATE WIDE SIGN IFICAN CE AS IDEN TIFIED ON THE COASTAL AREA MAP. IMPAIRMEN T SHALL IN CLUDE: (i) THE IRREVERSIBLE MODIFICATION OF GEOLOGIC FORMS, THE DESTRUCTION OR REMOVAL OF VEGETATION , THE DESTRUCTION , OR REMOVAL NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. OF STRUCTURES, WHEN EVER THE GEOLOGIC FORMS, VEGETATION OR STRUCTURES ARE SIGN IFICAN T TO THE SCEN IC QUALITY OF AN IDEN TIFIED RESOURCE; AN D (ii) THE ADDITION OF STRUCTURES WHICH BECAUSE OF SITIN G OR SCALE WILL REDUCE IDEN TIFIED VIEWS OR WHICH BECAUSE OF SCALE, FORM, OR MATERIALS WILL DIMIN ISH THE SCEN IC QUALITY OF AN IDEN TIFIED RESOURCE. The proposed work will not impair any scenic resources. Therefore, this policy is not applicable. POLICY 25: PROTECT, RESTORE OR EN HAN CE N ATURAL AN D MAN MADE RESOURCES WHICH ARE N OT IDEN TIFIED AS BEIN G OF STATE WIDE SIGN IFICAN CE, BUT WHICH CON TRIBUTE TO THE OVERALL SCEN IC QUALITY OF THE COASTAL AREA. Oversheeting the existing deteriorated steel sheet pile bulkhead will improve the appearance of the shoreline. Therefore, the proposed work is in compliance with this policy. POLICY 26: THE STATE COASTAL POLICY REGARDIN G THE PROTECTION OF AGRICULTURAL LAN DS IS N OT APPLICABLE TO CROTON . Not applicable. POLICY 27: DECISION S ON THE SITIN G AN D CON STRUCTION OF MAJOR EN ERGY FACILITIES IN THE COASTAL AREA WILL BE BASED ON PUBLIC EN ERGY N EEDS, COMPATIBILITY OF SUCH FACILITIES WITH THE EN VIRON MEN T, AN D THE FACILITY'S N EED FOR A SHOREFRON T LOCATION . The proposed work does not involve an energy facility. Therefore, this policy is not applicable. POLICY 28: ICE MAN AGEMEN T PRACTICES SHALL N OT DAMAGE SIGN IFICAN T FISH AN D WILDLIFE AN D THEIR HABITATS, IN CREASE SHORELIN E EROSION OR FLOODIN G, OR IN TERFERE WITH THE PRODUCTION OF HYDROELECTRIC POWER. The proposed work does not include ice management practices. Therefore, this policy is not applicable. POLICY 29: THE STATE COASTAL POLICY REGARDIN G THE DEVELOPMEN T OF EN ERGY RESOURCES IS N OT APPLICABLE TO CROTON . Not applicable. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. WATER AN D AIR RESOURCES POLICIES POLICY 30: MUN ICIPAL, IN DUSTRIAL, AN D COMMERCIAL DISCHARGE OF POLLUTAN TS, IN CLUDIN G BUT N OT LIMITED TO, TOXIC AN D HAZARDOUS SUBSTAN CES, IN TO COASTAL WATERS WILL CON FORM TO STATE AN D N ATION AL WATER QUALITY STAN DARDS. No discharge of pollutants into coastal waters is anticipated to result from the proposed activity. The proposed work involves driving steel sheet pile 18 inches outboard of the existing steel sheet pile bulkhead and filling the void between the existing and new steel sheet pile bulkhead with lightweight concrete fill. The fill will be isolated from coastal waters since it will be contained behind the new steel sheet pile bulkhead. Therefore the proposed work is in compliance with this policy. POLICY 31: STATE COASTAL AREA POLICIES AN D PURPOSES OF APPROVED LOCAL WATERFRON T REVITALIZATION PROGRAMS WILL BE CON SIDERED WHILE REVIEWIN G COASTAL WATER CLASSIFICATION S AN D WHILE MODIFYIN G WATER QUALITY STAN DARDS; HOWEVER, THOSE WATERS ALREADY OVER- BURDEN ED WITH CON TAMIN AN TS WILL BE RECOGN IZED AS BEIN G A DEVELOPMEN T CON STRAIN T. The proposed work is entirely compliant with State and Village of Croton-on-Hudson Coastal Policies and LWRP. POLICY 32: EN COURAGE THE USE OF ALTERN ATIVE OR IN N OVATIVE SAN ITARY WASTE SYSTEMS IN SMALL COMMUN ITIES WHERE THE COSTS OF CON VEN TION AL FACILITIES ARE UN REASON ABLY HIGH, GIVEN THE SIZE OF THE EXISTIN G TAX BASE OF THESE COMMUN ITIES. The proposed work involves maintenance of shoreline erosion protection structures at an existing yacht club and marina. The existing sanitary waste system will be maintained. Therefore the proposed work is in compliance with this policy. POLICY 33: BEST MAN AGEMEN T PRACTICES WILL BE USED TO EN SURE THE CON TROL OF STORMWATER RUN OFF AN D COMBIN ED SEWER OVERFLOWS DRAIN IN G IN TO COASTAL WATERS. The proposed work does not involve any stormwater or sewage outfalls. The new bulkhead is proposed to be constructed such that the top of new bulkhead elevation will be 3 feet above existing and proposed grade elevation. The increased elevation of the top of the bulkhead will afford some additional protection from flooding to the upland property. The above-grade portion of the bulkhead will have scuppers at 20 feet on-center, in order to allow drainage of surface water from the upland to the Hudson River, as it currently exists. Therefore, the proposed work NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. will not significantly alter drainage, flow patterns, or surface water runoff, and is compliance with this policy. POLICY 34: DISCHARGE OF WASTE IN TO COASTAL WATERS FROM VESSELS WILL BE LIMITED SO AS TO PROTECT SIGN IFICAN T FISH AN D WILDLIFE HABITATS, RECREATION AL AREAS AN D WATER SUPPLY AREAS. The proposed work is intended to replace shoreline erosion control structures at the project site so that its current use as a yacht club and marina can be maintained. The Croton Yacht Club intends to maintain its existing facilities and control measures which limit the discharge of waste into coastal waters from vessels. Therefore the proposed work is in compliance with this policy. POLICY 35: DREDGIN G AN D DREDGE SPOIL DISPOSAL IN COASTAL WATERS WILL BE UN DERTAKEN IN A MAN N ER THAT MEETS EXISTIN G STATE DREDGIN G PERMIT REQUIREMEN TS, AN D PROTECTS SIGN IFICAN T FISH AN D WILDLIFE HABITATS, SCEN IC RESOURCES, N ATURAL PROTECTIVE FEATURES, IMPORTAN T AGRICULTURAL LAN DS, AN D WETLAN DS. The proposed work involves backfilling with lightweight concrete fill between the existing and proposed steel sheet pile bulkheads. The total amount of backfill to be used in the project is approximately 340.5 cubic yards, with approximately 295 cubic yards of backfill below the plane of spring high tide. The concrete fill will be delivered to the site by a ready mix concrete truck and placed by chute in a flowable condition, directly into the cavity to be filled, or into a pump for final placement. The concrete will fill the void between the existing and proposed steel sheet pile bulkheads, from the mudline up to the existing grade elevation. There will be no fill placed directly into coastal waters, as it will all be contained behind the bulkhead; therefore, the proposed placement of fill is not anticipated to have an adverse impact on water quality, fish and wildlife habitats, or other important coastal resources. The applicant will comply with any State or Federally issued permit requirements. POLICY 36: ACTIVITIES RELATED TO THE SHIPMEN T AN D STORAGE OF PETROLEUM AN D OTHER HAZARDOUS MATERIALS WILL BE CON DUCTED IN A MAN N ER THAT WILL PREVEN T OR AT LEAST MIN IMIZE SPILLS IN TO COASTAL WATERS; ALL PRACTICABLE EFFORTS WILL BE UN DERTAKEN TO EXPEDITE THE CLEAN UP OF SUCH DISCHARGES; AN D RESTITUTION FOR DAMAGES WILL BE REQUIRED WHEN THESE SPILLS OCCUR. The current use of the site and the proposed work do not involve any shipment or storage of petroleum or other hazardous materials. Therefore, this policy is not applicable. NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. POLICY 37: BEST MAN AGEMEN T PRACTICES WILL BE UTILIZED TO MIN IMIZE THE N ON -POIN T DISCHARGE OF EXCESS N UTRIEN TS, ORGAN ICS AN D ERODED SOILS IN TO COASTAL WATERS. The proposed work involves oversheeting an existing deteriorated steel sheet pile bulkhead. The new steel sheet pile bulkhead will provide continued erosion protection to the site. No adverse impacts or discharge of excess nutrients or organics are anticipated. Therefore, the proposed work is in compliance with this policy. POLICY 38: THE QUALITY AN D QUAN TITY OF SURFACE WATER AN D GROUN D WATER SUPPLIES, WILL BE CON SERVED AN D PROTECTED, PARTICULARLY WHERE SUCH WATERS CON STITUTE THE PRIMARY OR SOLE SOURCE OF WATER SUPPLY. The proposed work will have no effect on the quality or quantity of surface or groundwater supplies. Therefore, this policy is not applicable. POLICY 39: THE TRAN SPORT, STORAGE, TREATMEN T AN D DISPOSAL OF SOLID WASTES, PARTICULARLY HAZARDOUS WASTES, WITHIN COASTAL AREAS WILL BE CON DUCTED IN SUCH A MAN N ER SO AS TO PROTECT GROUN DWATER AN D SURFACE WATER SUPPLIES, SIGN IFICAN T FISH AN D WILDLIFE HABITATS, RECREATION AREAS, IMPORTAN T AGRICULTURAL LAN DS AN D SCEN IC RESOURCES. The proposed work does not involve transport, storage, treatment, or disposal of solid or hazardous wastes. Therefore, this policy is not applicable. POLICY 40: EFFLUEN T DISCHARGED FROM MAJOR STEAM ELECTRIC GEN ERATIN G AN D IN DUSTRIAL FACILITIES IN TO COASTAL WATERS WILL N OT BE UN DULY IN JURIOUS TO FISH AN D WILDLIFE AN D SHALL CON FORM TO STATE WATER QUALITY STAN DARDS. The proposed site is not an electric generating or industrial facility. Therefore, this policy is not applicable. POLICY 41: LAN D USE OR DEVELOPMEN T IN THE COASTAL AREA WILL N OT CAUSE N ATION AL OR STATE AIR QUALITY STAN DARDS TO BE VIOLATED. The proposed work is not anticipated to have a significant effect on air quality. Therefore, this policy is not applicable. POLICY 42: COASTAL MAN AGEMEN T POLICIES WILL BE CON SIDERED IF THE STATE RECLASSIFIES LAN D AREAS PURSUAN T TO THE NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. PREVEN TION OF SIGN IFICAN T DETERIORATION REGULATION S OF THE FEDERAL CLEAN AIR ACT. The proposed work is entirely compliant with State and Village of Croton-on-Hudson Coastal Policies and LWRP. POLICY 43: LAN D USE OR DEVELOPMEN T IN THE COASTAL AREA MUST N OT CAUSE THE GEN ERATION OF SIGN IFICAN T AMOUN TS OF THE ACID RAIN PRECURSORS: N ITRATES AN D SULFATES. The proposed work involves oversheeting an existing steel sheet pile bulkhead and is not anticipated to generate any nitrates and sulfates. Therefore, this policy is not applicable. WETLAN DS POLICY POLICY 44: PRESERVE AN D PROTECT TIDAL AN D FRESHWATER WETLAN DS AN D PRESERVE THE BEN EFITS DERIVED FROM THESE AREAS By definition, all lands surrounding the coastal waters of New York are considered tidal wetlands. Therefore, by definition, the proposed activity will be located in an area of Tidal Wetlands. The impact of the proposed structures on the natural environment will be minimized through proper planning and design, replacing damaged erosion control structures with steel sheet pile bulkhead oversheeting. NYSDEC & USACE Joint Permit Application Village of Croton-on-Hudson Croton Yacht Club - Bulkhead Replacement October 2011 OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. ATTACHMEN T 11 N EW YORK STATE DEPARTMEN T OF EN VIRON MEN TAL CON SERVATION & UN ITED STATES ARMY CORPS OF EN GIN EERS ADJACEN T PROPERTY OWN ERS CROTON YACHT CLUB - BULKHEAD REPLACEMEN T CROTON -ON -HUDSON N EW YORK NYSDEC & USACE Joint Permit Application October 2011 Croton Yacht Club - Bulkhead Replacement OCEAN AND COASTAL CONSULTANTS ENGINEERING, P.C. PROPERTY OWN ERS Reference: Village of Croton-on-Hudson Town Hall Research Date: September 2011 APPLICAN T The applicant, Village of Croton-on-Hudson, is the property owner. The property is leased by the Croton Yacht Club. Property Designation (Section-Block-Lot) Property Owner Designated Use 78.01-1-3 Village of Croton-on-Hudson Yacht Club, Marina ABUTTERS (FROM N ORTH TO SOUTH) Property Designation (Section-Block-Lot) Property Owner Designated Use 78.08-1-1 Village of Croton-on-Hudson Croton Landing Park 78.12-1-1 Village of Croton-on-Hudson Senasqua Park (Village Park)