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Home My WebLink AboutTR-5762Board Of SoutholdTrustees SOUTHOLD, NEW YORK SSUED TO ......................... ............................................................................... Pursuanf ~o Che provlsio.s of C~apfer 61S of ~ ~ws of fhe Sta~ of New Y~, 1~3; and ~pfer ~ of the ~ of the · State of New Y~ 19521 and ~e ~h~ To~ ~ma~ t~ ."R~U~TIN~ AND ~E ~NG OF OBSTRUCTIONS IN AND ON TOWN WATERS AND ~8UC ~gS a~ REMOVAL OF SAND, G~VEL-OR O~ER MA~RIALS ~NDS UNDER TOWN'WA~RS;~ ~ in ~cc~ce ~tfl .~ ~.g_...L...~.~g....~g~ ............................................................................ ., ....... ~. ....... of ............ .~.~.~S._B[~ ................ ~ ..................... N. Y. a,~ sublet to the Te~s and ~ifions fid~ on ihe ~ve~ side of ~fl~d To~' T~t~s a~ize~ a~ ~m~s t~ f~o~g: ~et]~d ~e~mit to ~epi~ce ~rx~~ doc~, ~ ~p, a~d 6~xZ0~ float as pe~ p]aas s~bmitted. ~pp~oved a~d d~te ~u~e ]Tth, Z00~ ~emove ~d ~ep]ace b~]k~ad ~ same aJ ~ e~da~e ~th t~ dela~ s~ah~s as ~e~iea m ~s ~ ~a{e Seal fo ~ a~me8, a~ ~ese ~e~h fo su~s~ by ~ '~j~ of f~ sa~ ~ a~ of fhh daf~. TER~S and CON~S )-OHN 'JOY 1330 Deed Ho~e Drive, Mattitunk; bL Y~ Js & Thtt the said Board ~I11 ~e no.led by the l~ee ot dsc ~ ~f dsc v~dc m~- oclzed. Albert J. Ki~pski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 29, 2004 Mr. John Joy 5 Zophar Mills Rd. Wading River, NY 11792 RE: 1330 Deep Hole Dr., Mattituck SCTM#115-12-18 Dear Mr. Joy: Please be advised that an inspection of your dock was made on April 22, 2004 and your dock was built in accordance with your Wetland Permit #5762. If you have any questions, please don't hesitate to contact the office. Very truly yours, Albert J. Krupski, Jr., President Board of Trustees AJK:lms Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 14, 2004 Mr. Richard Larsen P.O, Box 251 Wading River, NY 11792 RE: JOHN JOY 1330 DEEP HOLE DR., MATTITUCK SCTM#115-12-18 Dear Mr. Larsen: With regard to the above-referenced, please be advised that the application fee in the amount of $40.00 was never received by our office and is due at this time. If you have any questions, please don't hesitate to contact the office. Very truly yours, Board of Trustees 042002 Dollars Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 14, 2004 Mr. Richard Larsen P.O. Box 251 Wading River, NY 11792 RE: JOHN JOY 1330 DEEP HOLE DR., MA'I-FITUCK SCTM#115-12-18 Dear Mr. Larsen: The following action was taken by the Southold Town Board of Trustees at their Regular meeting held on Wednesday, February 25, 2004: RESOLVED, that the Southold Town Board of Trustees hereby DISAPPROVE the application of JOHN JOY to Amend Permit #5762 to change the width of the 33' dock from 3' to 4'. The applicant has a current valid dock permit from this Board to replace a 3'X 33' dock, 3'X 19' ramp, and a 6'X 20' floating dock. This is not a determination from any other agency. If you have any questions, please don't hesitate to contact the office. Very truly yours, Albert J. Krupski, Jr., President Board of Trustees AJK:lms 2/20/04 Field Inspection Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York I ] 9714)959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Tuesday, January 13, 2004, the following recommendation was made: Moved by Don Wilder, seconded by Tom Schlichter, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Amendment application of JOHN JOY to Amend Permit #5762 to change the width of the 33' dock from 3' to 4'. Located: 1330 Deep Hole Dr., Mattituck. SCTM#115-12-18 Vote of Council: Ayes: All Motion Carried Trustee Inspection File Rel~ort Name Address SCTM# 1st Insp 2nd Insp 3rdlnsp Final Insl~ Notes 8EP 11 2003 Albert J. Krupski, President James King, Vice-President \ Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD July 22, 2003 Mr. Richard Larsen Box 251 Wading River, NY 11792 RE: SCTM#115-12-18 John Joy 1330 Deep Hole Drive Mattituck, NY Dear Mr. Larsen: The Board of Town Trustees took the following action during a Regular Meeting, held on May 21, 2003 regarding the above matter. WHEREAS, RichardLarsen. on behalf of John Joy applied to the Southold Town Trustees for a permit under the provisio.,ns of the Wetland Ordinance of the Town of Southold, application dated April 1, 2003 WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 21, 2003 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southold 2 Town Code. WHEREAS, the Board has determined that the project as proposed will not affect the health, Safety and general welfare of the people of the town. NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approved the application of JOHN JOY for a Wetland Permit to replace 3'x33' dock, 3'x19' ramp and 6'x20' float remove and replace in the same location 43' of bulkhead as per approved plans stamped and dated June 17th, 2003. BE IT FLrRTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Fee must be paid, if applicable and permit issued within six months of the date of this notification. If inspections are required, at a fee of $5.00 per inspection (See attached schedule). FEES: None Very truly yours, President, Board of Trustees aJIC/cjc cc DEC Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES ~ ',~~i~// TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO'A PE · ' I)EC 1~ ~oos OWNER '"~°/7~/'~' "-J/~,~ PHONE AVD~SS .T ~,~'///~ /~n )//~ AVD~SS ~ ,~f/ PROPERTY LOCATION TAX MAP NO. I/W~e request an Amendment to Permit o ~ 3~ ' ~/r ~,~,,,~ $ '*-~ Signed By: Albert J. I~upski, President James t~ing, Vice-President Henry Smith Artie Foeter ~en Poliweda BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road Office Use Only Coastal Erosion Permit Application ~w'~etland Permit Application Grandfather Permit Application .Waiver/Amendment/~n~es w-~eceived Applica~e~: ~/~/~% ~/Received Fee:$~'~'~ ) ~.t~{(5.2~ '~'Completed Applic~on '~///~ - Incomplete '* SEQRA Classification: Type I__.Type II Unlisted .___. c Ordination: (date sen / C Referral Sent: ~;~ _~Date of Inspection: Receipt of CAC Report: Lead Agency Determination: Technical Review: _~ublic Hearing Held: ~/<~ Resolution: APR - 1 2003 $ou~oid ]'own Board of Trustees Name of Applicant -J ~ JO~ Address ~- 22 ~ ~,~//g/L /~/2/~ /~ PI' Phone Number:(Z'3/) Suffolk County Tax Map Number: 1000 - Property Location: /~3~ p~ /fP/~ b~/~ ~/'~/ / (provide LILCO Pole ~, ~istance to cross streets, and location) (If applicable) Address: Phone: FAX~: Boa~l~of Trustees Application GENERAL DATA Area Zoning: Previous use of property: Intended use of property: Prior permits/approvals for site improvements: Agency Date No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? k'No Yes If yes, provide explanation: Project Descript%on (use attachments if necessary): Bo~ of Trustees Application WETLAND/TRUSTEE LANDS A]PPLICATION DATA Purpose of the proposed operations: ~ ~P/~ ~/~ Area of wetlands on lot: square feet Percent covgrage of lot: % Closest distance between neares~ existing structure and upland edge of wetlands: ~ feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? No / Yes If yes, how much material will be excavated? cubic yards How much material will be filled? ~¢~ybf cubic yards Depth of which material will be removed or deposited: ~/ feet Proposed slope throughout the area of operations: ~//~-~ Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): 517.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comple[ed by .-*,oplicant or Project soonsor) 3. PROJECT LOCATION: SE( the action is in the Coastal Area, and you are a state agency, complete the Coastsl Assessment Form before proceedin§ with this a~s, essment OVER ~rd of Trustees ApplicaOn County of Suffolk State of New York DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUl, OLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN'OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS SWORN TO BEFORE ME THIS /~ DAY OF ~ ,~-9~O ~ard of Trustees Applicat~ AUTHORIZATION (where the applicant is not the owner) ~ ~ ~O ~ residing at (print Owner of property) (mailing address) (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. ~ner's~~TM) 8 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Ha[ne: 11 -1 -13 STATE OF NEW YORK COUNTY OF SUFFOLK day of k4z/,~/ , residing at ]]~,~7-/V~ ~'v,~.~7-~->//~,~_ --, being duly sworn, deposes and says [hat on the ,20 ,3 , deponent mailed a tree copy of the Notice .set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at , that said Notices were mailed to each of said persons by (certified) (registered) mail. ~ ~ Sworn to,~before me this'"'" D. ay of ]4-/0/1.~ . ,20 Notary Public, State of New York · ExV June 7, 200.~ Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall · 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF $OUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ./~IL/TJ/~/'/'~i~ ~'9'D.-,f'F',,b' , residing at ~'~3~/ being duly sworn, depose and say: That on the ~ day of ~// , 200~, I personally posted the property known as /~30 ~)C-E/) /;/~/F D~/V~ by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the of hearing noted thereon to be public ~earing. D~e Dated: (signature) Sworn to before me this day of~7 I 200~ RUTH A. HEY'DENs NOfJI~ Public. State of New York No. 01HE60259~7 Qualified In Suffolk County Colllmis~ion Expires June 7, 20 Albert J. Krupski, President James King, Vice-President Henry Smith Artle Foster Ken Poliwods Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Richard Laren on behalf of JOHN .TOY Please be advised that your application, dated April 1, 2003 has been reviewed by this Board, at the regular meeting of May 21, 2003 and the following action was taken: ( x) Application Approved ( ) Application Denied (.__) Application Tabled (see below) (see below) (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in the instruction sheet. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: One Inspection @$5.00 TOTAL FEES DUE: $ 5.00 SIGNED: BY: PRESIDENT, BOARD OF TRUSTEES 4/98 Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 oF OWN TRUSSES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. JOHN JOY INSPECTION SCHEDULE X __ Pre-construction, hay bale line 1st day of COnstruction ~A COnstructed Project COmplete, COmpliance inspection. Albert J. Krupski, President James King, Vice-President Artie Fester Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE~ONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE __ Pre-construction, hay bale line __ Ist day of construction ¼ constructed Project complete, compliance inspection. Field Inspection 4/17/03 Field Inspection 4/17/03 Board Of Southold Town Trustees SOUTHOLD, NEW ~ORK 2-81:~1ces Zgo. 336 . .. .. ' ISsCIED TO ....... ~ ....... J~b.~u...J~....~cm, r~..~. ...................................... · Pu.suant to the provisions of C~hepter 61S of the Lows of the Stele oS New York, 1893: end ~..~eptet 404 of' the L.ews of the .State of New Ycx'k 19S2; end the Soufhoid Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND'PUBUC~ LANDS end REMOVAL OF SAND, ~RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:" and in accordance wlth the Resolution of The Board adopted et a meeting held an .~¢T,.,..~2 ...... 19....')2.., and In ecrm~deretion of fha sum of ~22.,..1~D. pe~d by .................................................. ........................................... of ~.e....e.g._,..Z~....Z...e_.,.~.....,...g~....~.~.~.t~.~..C.~.,.... N. Y. and s~bje~t t~ Terms ~nd Candltlons I~sted on the re~erm side hereof, of Southold Town 'Trustees authorizes and permits the .,~ellowlng; ~.0 ~'t:., ~ncl 2Zo~t: 5 fit:. by ].6 ~. (206 ec~. ~£th 2 pLL~.nq~, st: h£e p~oDe~:y un ~eep ~oZe · 11 In accordance ~mth the detailed ,pecificet/ons ~ presented ~n the orlglnetirig eppk:etion. IN W~ThlES$ WHEREC~ The said Board of Trustees here- by c.~usas ltl ~,erporafe. S?I fo ~ e~ed, and these~o~ +o be ,ubscdb~ ~ I melor~ of the sa~d Board es of th~s det~. Telephone (631) 765-1892 Town Hall, 5a0~5 ~ Road P.O. Box ,~outhold, New York SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Wednesday, April 16, 2003, the following recommendation was made: Moved by Tom Schlichter, seconded by Don Wilder, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH CONDITIONS of the Wetland Permit application of JOHN JOY to remove existing 4'X 33' deck and replace with 4'X 42' dock with 3'X 10' ramp and 6'X 20' float. Secure float with two 8" mooring piles. Remove and replace in the same location 43' of existing functional bulkhead. Construct a 13' return on the north end of the bulkhead. Backfill with 25 cy. of clean fill from an upland source. Located: 1300 Deep Hole Dr., Mattituck. SCTM#115-12-18 The CAC recommends Approval of the application with the Condition that a 10' non-turf buffer is installed behind the bulkhead and the bulkhead is replaced with vinyl rather than timber. Vote of Council: Ayes: All Motion Carried APPROVED BY TOWN OF.SOtJ~HOLD Southold "'~ rrJ o! New York State Depart~nent of Environmental Conservation Division of Environmental Permits, Region One Bui[diog 40 - SUNY, Stony Brook, New York 11790-2356 . Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www,dec.state.ny.us Erin M. Crotty Commissioner March 14, 2003 Mr. John Joy 5 Zophar Mills Road Wading River, NY 11952 RE: Permit #1-4738-03008/00001 Dear Mr. Joy: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, Shem Aicher Environmental Analyst Enclosure NEW YO~'ATE DEPARTMENT OF ENVIRONMENTAL COERVATION DEC PERMIT NUMBER 1-4738-03008/00001 FACILITY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE March 14, 2003 EXPIRATION DATE(S) March 14, 2008 TYPE OF PERMIT Ia New [] Renewal [] Modification [3 Permit to Construct [3 Permit to Operate · Article 15, Title 5: Protection o¢ Waters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells D Article 15, Title 27: Wild, Scenic and Recreational Rivers · 6NYCRR 608: Water Quality Certification PERMIT ISSUED TO John Joy ADDRESS OF PERMITTEE E3 Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation [3 Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands E3 Article 27, Title 7; 6NYCRR 360: Solid Waste Management 5 Zophar Mills Road, Wading River, NY 11952 CONTACT PERSON FOR PERMITTED WORK Richard Larson, Box 251, Wading River, NY 11792 NAME AND ADDRESS OF PROJECT/FACILITY Joy property, 1330 Deep Hole Drive, Mattituck, NY 11952 COUNTY TOWN Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY: WATERCOURSE Deep Hole Creek [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management E] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYORR 380: Radiation Control TELEPHONE NUMBER (631) 929-0512 TELEPHONE NUMBER (631)929-5318 NYTM COORDINATES Remove existing 4' x 33' dock and replace with 4' x 42' dock with 3' x 10' ramp and 6' x 20' float. Secure float with two 8" mooring piles. Remove and replace in the same location 43 linear feet of existing functional bulkhead. Construct a 13' return on the north end of the bulkhead. Backfill with 25 cu. yds of clean fill from an upland source. All work must be done in accordance with the attached plans prepared by Richard Larson last revised January 30, 2003 and stamped approved by NYSDEC on March 14, 2003. By acceptance of this permit, the perm ittee agrees that the perm it is contingent upon strict corn pliance with the ECL, all applicable regulations, the General Conditions specif led (see page 2 & 3) and any Special Conditions (see page 4+) included as part of this permit. PERMIT ADMINISTRATOR: George Hammarth (SLA) AUTHORIZED SI_G, NATU RE ADDRESS Region1 Headquarters Bldg.#40, SUNY, Stony Brook, NY 11790-2356 DATE March 14, 2003 Page 1 of 4 · NEW '¢'ORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (uplar~) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 2. All areas of soil disturbance resulting from this project shall be stabilized immediately following project completion or prior to permit expiration, whichever comes first. The approved methodologies are as follows: a. Stabilization of the entire disturbed area with appropriate v egetation (grasses, etc.). 3. The storage of construction equipm ent and materials shall be confined to within the project work site and or upland areas greater than 50 In,ar feet from the tidal wetland boundary. 4. All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads etc. shall be completed prior to placement of any fill material behind such structures. 5. Prior to any construction or removal of bulkheads and other shoreline stabilization structures all backfill shall be excavated landward of the bulkhead and retained so as not to enter the waterway, tidal wetland or protected buffer area. 6. There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland or adjacent area. 7. Dock or timber catwalk shall not exceed 4 feet in width and shall be a minimum of 3¼ feet above grade* over tidal wetland areas (* as measured from ground to bottom of dock sheathing). 8. The use of wood treated with pentachlorohenol in the construction of structures that will be in contact with tidal waters is strictly prohibited. 9. Floats and ramps may not rest on or be stored in any vegetated tidal wetland. 10. No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 11. No permanent structures may be installed on dock/catwalk/float without first obtaining written Department approval (permit, modification, or amendment). 12. Docks/catwalks/floats may not (a) extend laterally beyond property lines, (b) be placed so that docked boats extend over adjacent property line, (c) interfere with navigation, (d) interfere with other landowners riparian rights. OEO PERMIT NUMBER PAGE 2 of 4 1-4738-03008/00001 Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's undertaking of activities or operation and maintenance of the facility or facilities authorized by the permit in compliance or non compliance with the terms and conditions of the permit. This indemnification does not extend to any claim s, suits, actions, or damages to the extent attributable to DEC's own negligent acts. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed f or the permittee. item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the perm ittee any right to trespass upon the lands or interf ere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permiL GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is com plying with this perm it and the ECL. Such representativ e may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renew als or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiretion of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SW MF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Perm it Administrator, Region 1, SUNY Bldg fl40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or rev ocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the perm it application; d) newly discovered material information or a material change in environmenthl conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the perm itted activity. DEC PERMIT NUMBER PAGE 3 Of 4 1-4738-03008/00001 NE~ORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 ( TIDAL WETLANDS) ' 1. Ii future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structdral work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this perm[t, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all.or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious m aterials associated with the project. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the bank s of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. if upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 9. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all term s and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 10. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. ~ -50 Such approved plans were prepared by Richard Larson last revised'~ .... 2003. OEO PERMIT NUMBER PAGE 4 OF 4 1-4.738-03008/00001 0 0~0 ~ 0 ..~ ~< ~ 0 O~ ~* ~ N~ <x 0 ~ Z0 ~ - ~0~ ~ o~ ~ d ~ DEEP HOLE CREEK