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Shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay Suffolk County, Ny

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Shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay Suffolk County, Ny SSHELLFISH AAQUACULTURE LEASE PROGRAM IN PECONIC BAY AND GARDINERS BAY SUFFOLK COUNTY, NY Steve Levy, County Executive DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT Date Accepted: 03/19/08 Date of Public Hearing: 04/17/08 Date Written Comments Due: 05/01/08 Prepared for: Suffolk County Department of Planning PO Box 6100 Hauppauge, NY 11788-0099 Prepared by: CASHIN ASSOCIATES, P.C. 1200 Veterans Memorial Highway, Hauppauge, NY 11788 March 19, 2008 SUFFOLK COUNTY DEPARTMENT OF PLANNING DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT for the SHELLFISH AQUACULTURE LEASE PROGRAM IN PECONIC BAY AND GARDINERS BAY SUFFOLK COUNTY, NY Lead Agency County of Suffolk H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, New York 11788 Prepared for: Thomas A. Isles, A.I.C.P. Suffolk County Department of Planning H. Lee Dennison Building 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, New York 11788 Contact Name: DeWitt S. Davies, Ph.D. Chief Environmental Analyst Suffolk County Department of Planning H. Lee Dennison Building 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, New York 11788 Prepared by: Cashin Associates, P.C. 1200 Veterans Memorial Highway Hauppauge, New York 11788 Suffolk County Aquaculture Lease Program Advisory Committee (ALPAC) Committee Members Thomas A. Isles, A.I.C.P., Chairman Suffolk County Department of Planning DeWitt S. Davies, Ph.D. (Alternate) Carrie Meek Gallagher Suffolk County Executive Designee Tamara S. Sadoo (Alternate) Suffolk County Department of Environment and Energy Hon. Jay H. Schneiderman Suffolk County Legislature Environment, Planning and Agriculture Committee Martin Trent Suffolk County Department of Health Services Kimberly Paulsen (Alternate) Gilbert Anderson, P.E. Suffolk County Department of Public Works Robert H. Whelan, P.E. (Alternate) John Aldred Town of East Hampton Edward Bausman Town of Shelter Island David O. Conover, Ph.D. School of Marine and Atmospheric Sciences, Stony William M. Wise (Alternate) Brook University Kenneth L. Koetzner New York State Department of Environmental Debra A. Barnes (Alternate) Conservation, Bureau of Marine Resources Wayne L. Grothe The Nature Conservancy Stuart Heath East Hampton Town Baymen’s Association, Inc. Arnold Leo (Alternate) Lt. David Lessard Town of Riverhead James McMahon Town of Southold Gregg Rivara Cornell Cooperative Extension of Suffolk County Christopher F. Smith (Alternate) Karen Rivara East End Marine Farmers Association Cornelia G. Schlenk New York Sea Grant Institute Hon. Jon S. Semlear Town of Southampton Hon. Edward J. Warner, Jr. (joint appointment) Suffolk County Shellfish Aquaculture Lease Program Department of Planning in Peconic Bay and Gardiners Bay Table of Contents Section Page Executive Summary............................................................................................................... 9 ES-1 Description of Action.................................................................................................. 9 ES-2 Project Purpose, Need, and Benefits........................................................................ 10 ES-3 Impacts....................................................................................................................... 10 ES-4 Mitigation .................................................................................................................. 12 ES-5 Alternatives................................................................................................................ 13 ES-6 Matters to be Decided ............................................................................................... 14 Section 1 Introduction.........................................................................................................15 1.1 New York State 2004 Leasing Law ............................................................................ 15 1.2 Proposed Action........................................................................................................... 16 1.3 Project Purpose, Need, and Benefits........................................................................... 16 1.4 Project Sponsor............................................................................................................. 17 1.5 Location ........................................................................................................................ 18 1.6 State Environmental Quality Review Act (SEQRA)................................................. 18 1.7 Stakeholders and Public Input..................................................................................... 22 1.8 SEQRA Implementation Timeline.............................................................................. 22 Section 2 Description of the Proposed Action .................................................................25 2.1 Proposed Action........................................................................................................... 25 2.1.1 Background of Program Development.................................................................... 25 2.1.2 Types of Shellfish Aquaculture Under the Proposed Action ................................. 28 2.2 Location ........................................................................................................................ 32 2.3 Background History ..................................................................................................... 34 2.4 Prior Studies.................................................................................................................. 38 2.4.1 Peconic Estuary Program.......................................................................................... 38 2.4.2 Peconic Bays Aquaculture Advisory Committee (PBAAC) Final Report............ 40 2.4.3 Suffolk County Planning Department...................................................................... 41 2.5 Existing Plans and Area Designations........................................................................ 45 2.6 Components of Proposed Lease Program................................................................... 48 2.7 Project Review and Approvals .................................................................................... 56 2.7.1 Federal Requirements ............................................................................................... 56 2.7.2 New York State Requirements................................................................................. 63 2.7.3 Local Laws and Codes Relating to Shellfish Aquaculture Activities.................... 83 2.7.4 Permits and Notification Requirements for Shellfish Aquaculture ....................... 88 2.8 Types of Aquaculture Activities................................................................................. 88 2.8.1 Nurseries .................................................................................................................... 89 2.8.1.1 Land-based Nurseries ............................................................................................ 89 2.8.1.2 Field-Based Nurseries............................................................................................ 90 2.8.2 Grow-outs.................................................................................................................. 90 2.8.2.1 In/On-Bottom ......................................................................................................... 91 2.8.2.2 Off-Bottom............................................................................................................ 91 2.8.2.2.1 Typical off-bottom systems............................................................................... 92 2.9 Current Shellfish Aquaculture Activities in Peconic and Gardiners Bays .............. 93 2.9.1 Species Cultivated..................................................................................................... 93 Draft Generic Environmental Impact Statement March 19, 2008 1 Suffolk County Shellfish Aquaculture Lease Program Department of Planning in Peconic Bay and Gardiners Bay 2.9.2 Harvest Methods ....................................................................................................... 94 Section 3 Underwater and Surface Water Uses..............................................................96 3.1 Legal Jurisdictions........................................................................................................ 96 3.1.1 Federal Jurisdiction................................................................................................... 96 3.1.2 New York State’s Jurisdictional Authority over Navigable Waters and Submerged Lands................................................................................................................................. 100 3.1.3 Towns and Local Governments in Suffolk County .............................................. 103 3.2 Ownership of underwater lands................................................................................. 107 3.2.1 Oyster Grants........................................................................................................... 107 3.3 Other Shellfish Aquaculture Programs ..................................................................... 116 3.3.1 State Relay Programs.............................................................................................. 116 3.3.2 East-End Town Aquaculture Programs ................................................................. 117 3.3.3 Private Organization Programs .............................................................................
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