HomeMy WebLinkAboutSarlott, IncOF
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Sarlott, Inc.
1210 North Road
Greenport, NY 11944
October 14, 2008
Southold Town Trustees
PO Box 1 ] 79
Southold, NY 11971
RE: Non-Jurisdiction Letter Request for 750 Holbrook Lane, Mattituck
Dear Trustees:
We are requesting a letter of non-jurisdiction from the Trustees in reference to our
Building Department application for a swimming pool at 750 Holbrook Lane, Mattituck
(SCTM# 1000-113-6-9).
We have enclosed our site plans, survey and a copy of the New York State Department of
I':nvironmental Conservation (NYSDEC) permit for your reference in this matter.
Should you have any questions, please call me at my office at 477-1199 or on my cell at
902-1711.
Respectfully,
(_'2: l'own of Southold Building Department (w/o enclosures)
Inclosures
New york.State Department of Environmental Conservation
Division of Environmental Permits, Region One
SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409'
Phone: (631) 444-0365 , FAX: (631) 444-0360
WebsJte: www.dec.state.ny, us
Alexander B. Grannls
Commlsloner
October 8, 2008
John A. Costello
SadoEInc.
1210 Nodh Road
Greenpod, NY 11944
Re: Permit//1-4738-00175/00005
Dear Mr. Costello:
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 carefully read all permit conditions and special permit
conditions contained in the permit to ensure compliance dudng the term of the permit.
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.
Sincerely,
Agency Program Aide
Attachments
CC:
John A, Costello
NYSDEC, Bureau of Marine Habitat Protection
file
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DEC PERMIT NUMBER
1-4738-00175/00005
FACILITY/PROGRAM NUMBER(S)
PERMIT
Under the Environmental
Conservation Law
EFFECTIVE DATE
October 14~ 2008
EXPIRATION DATE(S)
October 13, 2013
TYPE OF PERMIT · New D Renewal [] Modification [] Permit to Construct [] Permit to OF~a[u
[~ Article 15, Title 5: Protection of Waters
[] Article 15, Title 15: Water Supply
[] Article 15, Title 15: Water Transport
[] Article 15, Title 15: Long Island Wells
[] Article 15, Title 27: Wild, Scenic and
Recreational Rivers
O 6NYCRR 608: Water Quality Certiflca.
tion
PERMIT ISSUED TO
Sarlott Inc., C/O John A. Costello
ADDRESS OF PERMITTEE
1210 North Road, Greenport, NY 11944
CONTACT PERSON FOR PERMITTED WORK
r3 Article 17, Titles 7, 8: SPDES
[] Article 19: Air Pollution Control
[] Article 23, Title 27: Mined Land
Reclamation
[] Article 24: Freshwater Wetlands
· Article 25: Tidal Wetlands
[] Article 27, Title 7; 6NYCRR 360:
Solid Waste Management
[] A~icle 27, Title 9; 6NYCRR 373:
Hazardous Waste Management
[] Article 34: Coasta~ Erosion
Management
[] Article 36: Floodplain Management
[] Articles 1, 3, 17, 19. 27, 37; 6NYCRR
380: Radiation Control
ITELEPHONE NUMBER
631-744-1393
John Costello, 1210 North Road, Greenport, NY 11944
NAME AND ADDRESS OF PROJECT/FACILITY
Sarlott Inc, Property, 750 Holbrook Lane, Mattituck, NY 11952
COUNTY I TOWN I WATERCOURSE
' Howard's Branch
Suffolk Southold Mattituck Creek
DESCRIPTION OF AUTHORIZED ACTIVITY:
ITELEPHONE NUMBER
631-477-1393
S.C.T.M. #1000-113-6-9
NYTM COORDINATES
E: 713.8 N: 4543.2
Install a 16' x 31' pool, concrete apron, fencing, 6' x 6' concrete apron for pool
equipment, drywell and water and electrical service lines from dwelling. All
work shall be done in accordance with the attached plans stamped NYSDEC
approved on 10/08/08.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
ECL, all applicable regulations, the General Conditions specified (see page 4 & 8) and any Special ConditiOns (see
page 2 & 3) included as part of this permit.
DEPUTY PERMIT ADMINISTRATOR:
AUTHORIZED SIGNATURE
ADDRESS
Region 1 Headquarters
SUNY at
DATE
NY 11790 - 3409
10/09/2008 1 of 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
During construction, concrete or leachate shall not escape or be discharged, nor shall
washings from transit mix trucks, mixers, or other devices enter tidal wetlands and/or
protected buffer areas.
Any debris or excess matedal from construction of this project shall be completely removed
from the adjacent area and removed to an approved upland area for disposal. No debris
is permitted in tidal wetlands or protected buffer areas.
There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a
result of the permitted activities.
All areas of soil disturbance resulting from the approved project shall be stabilized with
appropriate vegetation (grasses, etc.) immediately following project completion or prior to
permit expiration, whichever comes first. If the project site remains inactive for more than
48 hours or planting is impractical due to the season, then the area shall be stabilized with
straw or hay mulch or jute .matting until weather conditions favor germination.
The storage of construction equipment and materials shall be confined within the project
work area and/or upland areas greater than 100 linear feet from the tidal wetland boundary.
All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48
hours shall be contained by a continuous line of staked haybales / silt curtains (or other
NYSDEC approved devices) placed on the seaward side between the fill and the wetland
or protected buffer area. Tarps are authorized to supplement these approved methods.
If seeding is impracticable due to the time of year, a temporary mulch shall be applied and
final seeding performed at the earliest opportunity when weather favors germination and
growth, but not more than six months after project completion..
DEC PERMIT NUMBER
1-4738-00175/00005
Page 2 of 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
Necessary erosion control measures e.g., staked haybales, slit fencing, etc. are to be placed
on the downslope edge of any disturbed areas. This sediment barrier'Is to be put in place
before any disturbance of the ground occurs and Is to be maintained In good and functional
condition until thick vegetative cover is established,
Dry wells for pool filter backwash shall be located a minimum'0f 100 linear feet landward
of the tidal wetland boundary.
There shall be no draining of swimming pool water directly or Indirectly In tidal wetlands or
protected buffer areas.
11.
Notice of Commencement 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 terms 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.
OEC PERMIT NUMBER
1-4738-00175/00005
Page 3 of 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Item A: Permlttee Accepts Legal Reaponstblllty and Agreea to Indemnification
The permittse, excepting state or fademl agencies, expressly agrees to indemnify and hold harmless the Department of
Environmental Conservation of the State of New )Fork, its representatives, employees, and agents ('DEC') for all claims, suits, actions
and damages, to the extent attributable to the permlttee's acts si' omissions in connection with, or operation and maintenance of, the
facility or facilities authorized by the permit whether In compliance or not in compliance with the terms and conditions of the permit.
This indemnification does not extend to any claims, suits, actions, or damages to the extent attJtbutable to DEC's own negligent or
intentional acts or omissions, or to any claims, suits, or actions naming the DEC and 'arising under Article 78 of the New York Civil
Practice Laws and Rules or any citizen suit or civil dghta provision under federal or state laws.
Item B: Permittee'a Contractors to Comply with Permit
The permittae is responsible for informing its independent contractors, employees, agents and assigns ~)f their responsibility to
comply with this permit, including all special conditions while acting as the permittae'8 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 for
the permittee.
Item C: Permlttee Responsible for Obtaining Other Required Permits
The permittae is responsible for obtaining any other permits, approvals, lands, easements and righta-of-way that may be required
to cam/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 permittee any right to trespass upon the lands or intemiera 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 pmperby held or
vested in a person not a party to the permit.
GENERAL CONDITIONS
General Condition 1: Facility Inepectton 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 complying
with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SApA 401(3).
The permtttee shall provide a person to accompany the Department's representative during an inspection to the permit ama when
requested by the Department. . '
A copy of this permit, including all referenced maps, drawings and special con~llflons, 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 end Determinations
Unless expressly provided for by the Department, issuanCe of this permit does not modify, supemede 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 Renewals or Mod flcat ona ~
The permittae must submit a separate written application to the Department for renewal, modification or transfer of this permit, Such
application must include any forms or sul~plemental InformaUon the Department requires. Any ranewa'l, modification or transfer granted
by the Department must be in writing,
The permittee must submit a renewal application at least:
a) 180 days before expiration of permits for State Pollutant Discharge Elimination System ISPDES), Hazardous Waste
Management Facilities (HWMF), major/Ur PolluUon Control (APC) and Solid Waste Management Facilities (SWMF);
b) 30 days before expiration of all other permit types.
Submission of applications for permit renewal or modification are to be submitted to: Regional Permit Administrator, SUNY @ Sto~y
Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409
General Condition 4: Permit Modlflcatlona, Suapenstona and Revocatlona by the Department
The Department reserves the nght to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds
for modification, suspension or revocation Include:
a) materially false or inaccureta statements Iri the permit application or supporting pepers:
b) failure bY the Permittee to comply with any tarms or conditions of the i)ermlt;
c) exceeding the scope of the project as described in the permit application;
d) newly discovered material information or a material change In environmental conditions, relevant technology or applicable
law or regulations since h.e ssuance 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 permitted activity.
DEC PERMIT NUMBER
1-4738-00175/00005.
IPage 4 of 5
NEW YORK STATE DEPARTMENT OF E NVIRC.~: ;.~.";,'TAL CONSERVATION
ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608
(TIDAL WETLANDS)
If 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, th· owner may be ordered by the
Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the
State, and if, upon the expiration or revocation of this permit, 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. N° claim shall be made against the State of New York on account of any such removal
or alteration.
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
im provem ent of navigation, or for other purposes and no claim or r ght to compensation shall accrue from any such
damage.
3. Ail necessary precautions shall be taken to preclude contamination of anywetland or waterway by suspended solids,
sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally
deleterious materials associated with the project.
4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large
refuse piles, ridges across or along the bed of a waterway or floodplain, deposits within any regulatory floodway,
or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway.
5. There shall be no unreasonable interference with navigation by the work herein authorized.
6. 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 Environ mental 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.
7. 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.
8. 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 terms 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.
9. 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.
Such approved plans were prepared by Costello Marine Contractino CorD. on July 25, 2008 and
stamped NYSDEC approved on 10/08/2008.
DEC PERMIT NUMBER
1-4738-00175/00005
Page 5 of 5
James F. King, President
Jill M. Deherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall
53095Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone(631) 765-1892
Fax(631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
October 17, 2008
Mr. John A. Costello
Sarlott, Inc.
1210 North Road
Greenport, NY 11944
RE: 750 HOLBROOK LANE, MATTITUCK
SCTM# 113-6-9
Dear Mr. Costello:
The Southold Town Board of Trustees reviewed the site plan prepared by Costello
Marine Contracting Corp., last dated July 21,2008, and received on October 14, 2008,
and determined that the construction of a swimming pool, pool patio and pool fencing is
out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and
Chapter 111 of the Town Code.
Therefore, in accordance with the current Wetlands Code (Chapter 275) and the
Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised,
however, that no construction, sedimentation, or disturbance of any kind may take place
seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of
the coastal erosion hazard area as indicated above, or within 100' landward from the
top of the bluff, without further authorization from the Southold Town Board of Trustees
pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility
to ensure that all necessary precautions are taken to prevent any sedimentation or other
alteration or disturbance to the ground surface or vegetation within Tidal Wetlands
jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such
precautions may include maintaining adequate work area between the tidal wetland
jurisdictional boundary and the coastal erosion hazard area and your project or erecting
a temporary fence, barrier, or hay bale berm.
This determination is not a determination from any other agency.
2
If you have any further questions, please do not hesitate to call.
James F. King, President
Board of Trustees
JFK:eac
October 14, 2008
Southold Town Trustees
PO Box 1179
Southold, NY 11971
Sarlott, Inc.
1210 North Road
Greenport, NY 11944~
RE: Non-Jurisdiction Letter Request for 750 Holbrook Lane, Mattituck
Dear Trustees:
We are requesting a letter of non-jurisdiction from the Trustees in reference to our
Building Department application for a swimming pool at 750 Holbrook Lane, Mattituck
(SCTM# 1000-113-6-9).
We have enclosed our site plans, survey and a copy of the New York State Department of
Environmental Conservation (NYSDEC) permit for your reference in this matter.
Should you have any questions, please call me at my office at 477-1199 or on my cell at
902-1711.
Respectfully,
CC: Town of Southold Building Department (w/o enclosures)
Enclosures
New york.State Departmen~of Environmental Conservation
Division of Environmental Permits, Region One
SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409'
Phone: (631) 444-0365 · FAX: (631) 444-0360
Webslte: www.dec.state.ny.us
Alexander B. Grannis
CommJsloner
October 8, 2008
John A. Costello
Sarlott Inc.
1210 North Road
Greenport, NY 11944
Re: Permit #1-4738-00175/00005
Dear Mr. Costello:
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 carefully read all permit conditions and special permit
conditions contained in the permit to ensure compliance dudng the term of the permit.
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,
Sincerely,
Agency Program Aide
Attachments
CC:
John A. Costello
NYSDEC, Bureau of Marine Habitat Protection
file
NEW YORK ~:~
DEC PERMIT NUMBER
1-4738-00175/00005
FACILITY/PROGRAM NUMBER(S)
~E DEPARTMENT OF ENVIRONMENTAL CONSOTiON
PERMIT
Under the Environmental
Coneervatlon Law
EFFECTIVE DATE
October 14~ 2008
EXPIRATION DATE(S)
October 13, 2013
TYPE OF PERMIT · New ID Renewal [] Modification [3 Permit to Construct E3 Perm'"'-"'~t to O._~erate ~
[] Article 15, Title 5: Protection of Waters
[] Article 15, Title 15: Water Supply
E; Article 15, Title 15: Water Transport
[] Article 15, Title 15: Long Island Wells
[] Article 15, Title 27: Wild, Scenic and
Recreational Rivers
[] 6NYCRR 608: Water Quality Certifica-
tion
PERMIT ISSUED TO
Sa~lott Inc., C/O John A. Coste,llo
ADDRESS OF PERMITTEE
1210 North Road, Greenport, NY 11944
CONTACT PERSON FOR PERMITTED WORK
[] Article 17, Titles 7, 8: SPDE$
[3 Article 19: Air Pollution Control
[] Article 23, Title 27: Mined Land
Reclamation
[] Article 24: Freshwater Wetlands
· Article 25: Tidal Wetlands
[3 Article 27, Title 7; 6NYCRR 360:
Sclld Waste Mana~lement
[] Article 27, Title 9; 6NYCRR 373:
Hazardous Waste Management
[3 Article 34: Coastal Erosion
Management
[] Article 36: Floodplain Management
[3 Articles 1,~3, 17, 19, 27, 37; 6NYCRR
380: Radiation Control
ITELEPHONE NUMBER
631-744-1393
John Costello, 1210 North Road, Greenport, NY 11944
NAME AND ADDRESS OF PROJECT/FACILITY
Sarlott Inc. Property, 750 Holbrook Lane, Mattituck, NY 11952
COUNTY TOWN I WATERCOURSE
Howard's Branch
Suffolk Southold Mattituck Creek
DESCRIPTION OF AUTHORIZED ACTIVITY:
ITELEPHONE NUMBER
631-477-1393
S.C.T.M. #1000-113-6-9
INYTM COORDINATES
E: 713,8 N: 4543.2
Install a 16' x 31' pool, concrete apron, fencing, 6' x 6' concrete apron for pool
equipment, drywell and water and electrical service lines from dwelling. All
work shall be done in accordance with the attached plans stamped NYSDEC
approved on 10108108.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
ECL, all applicable regulations the Genera Conditions specified (see page 4 & 5) and any Special ConditiOns (see
page 2 & 3) included as part of this permit.
DEPUTY PERMIT ADMINISTRATOF
Mark Carrara
AUTHORIZED SIGNATURE
ADDRESS
Region 1 Headquarters
SUNY at 50
DATE
NY 11790 -3409
I of 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERV~
SPECIAL CONDITIONS
During construction, concrete or leachate shall not escape or be discharged, nor shall
washings from transit mix trucks, mixers, or other devices enter tidal wetlands and/or
protected buffer areas.
Any debris or excess material from construction of this project shall be completely removed
from the adjacent area and removed to an approved upland area for disposal. No debris
is permitted in tidal wetlands or protected buffer areas.
There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a
result of the permitted activities.
All areas of soil disturbance resulting from the approved project shall be stabilized with
appropriate vegetation (grasses, etc.) immediately following project completion or prior to
permit expiration, whichever comes first. If the project site remains inactive for more than
48 hours or planting is impractical due to the season, then the area shall be stabilized with
straw or hay mulch or jute .matting until weather conditions favor germination.
The storage of construction equipment and materials shall be confined within the project
work area and/or upland areas greater than 100 linear feet from the tidal wetland boundary.
All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48
hours shall be contained by a continuous line of staked haybales / silt curtains (or other
NYSDEC approved devices) placed on the seaward side between the fill and the wetland
or protected buffer area. Tarps are authorized to supplement these approved methods.
If seeding is impracticable due to the time of year, a temporary mulch shall be applied and
final seeding performed at the earliest opportunity when weather favors germination and
growth, but not more than six months after project completion..
DEC PERMIT NUMBER
1-4738-00175/00005 Page 2 of 5
N. EWY ~TATE DEPARTMENT OF ENVlRONMENTAL~:~ ~'/~,, ~, . ~
SPECIAL CONDITIONS
Necessary erosion control measures e.g., stak?d haybales, slit fencing, etc. are to be placed
on the d0wnslope edge of any disturbed areas. This sediment barrier is to be put in place
before any disturbance of the ground occurs and Is to be malnialned In good and functional
condition until thick vegetative cover is estab ished.
Dry wells for pool filter backwash shall be located a minimum'Of 100 linear feet landward
of the tidal wetland boundary.
There shall be no draining of swimming pool water directly or indirectly in tidal wetlands or
protected buffer areas.
11.
Notice of Commencement At least 48 hours pdor to commencement of the project, the
permittee and contractor shall sign and ~,et~Jm the top portion'of the enclosed notification
form certifying that they are fully aware of, and understand all terms and conditions of, this
permit. Within 30 days of completion Of project, the bottom portion of the form must also be
s~gned and returned, along with photographs of the completed work.
DEC PERMIT NUMBER
1-4738-00175/00005
Page 3 of 5
Item A: Permlttee Accepts Legal Responsibility and Agrees to Indemnification
The parmittas, excepting state or federal agenclas, expressly agrees to iodemnlfy and hold harmless the Depa~nent of
Environmental Conservation of the State of New York, Its representatives, employees, and agents ("DEC") for all claims, suits, ac~ons,
and damages, to the extent attributable to the permittee's acts oi' omissions in connection with, or operetlon and maintenance of, the
facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit.
This indemnification does not extend to any claims, suits, actions, or damages to the extent a~butabta to DEO's own negligent or
intentional acts or omissions, or to any claims, suits, or actions naming the DEC and'arising under Article 78 of the New York Civil
Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws,
Item B: Permlttee's Contractors to Complywlth Permit
The permittse is responsible for informing Its independent contractors, employees, agents and assigns ~>f 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 prescdbed for
the permittee.
Item C: Permlttee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals, lands, easements and Hghta-of-way that may be required
to camj out the activities that are authorized by this permit,
Item D: No Right to Trespass or Interfare with Riparian Rights ·
This permit does not convey to the permittee any dght to trespass upon the lands or Interfere With the rlpaden rights of others in order
to perform the permitted work nor does it authodze the impairment of any rights, title, or interest In real or personal property held or
vested in a person not a party to the permit.
GENERAL CONDITIONS
General Condition 1: Facility Inspection bythe 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 permlttee is complying
with this permit and the ECL. Such raprasentattve may order the work suspended pursuant to ECL 71-0301 and S^PA 401(3).
The permlttee 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 con~litlons, must be available for inspection by the
Department at all times at the project site or facility. Fallura 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 Detsrmlnattons
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 Renewals or Modifications
The permittee must submit a separate written application to the Department for ranewa~, modification or transfer of this permit. Such
application must include a ny forms or supplemental Information the Department requires. Any renew~l,-modiflcation or transfer granted
by the Department must be in writing,
The permlttee must scl>mit a renewal application at least:
a) 180 days before expiration of permits for State Pollutant Discharge Elimination System ISPDES), Hazardous Waste
Management Facilities (HWMF), major Air Pollution Control IAPC) and Solid Waste Management Facilities (SWMF);
b) 30 days before expiration of all other permit [ypas,
Submission of applications for 13ermit renewal or moditication are to be submitted to: Regional Permit Administrator, SUNY @ Sto~y
~rook, 50 Circle Road, Stony Brook, NY 11790 - 3409
General Condition 4: Permit Modifications, Suspensions and Revocations by the Department
The Department reserves the right to modify, suspend or revoke this permit in accoreence with 6 NYCRR Part 621, The grounds
for modification, suspension or revocation include:
a) materially false or inaccurate statements In the permit application or supporting papers;
b) failura by the permittse to comply with any terms or conditions of the permit;
c) exceeding the scope of the project as described in the permit application;
d) newly discovered material information or a material change in environmental 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 permitted activity,
DEC PERMIT NUMBER
1-4738-00175/00005
Page 4 of 5
NEW YORK STATE DEPARTMENT OF ENVIR..._ONMENTAL CONS E .~~
ADDITIONAL GENERAL C~ 15 (TITLE $), 24, 2~4 AND 6NYCRR PART 608
(TIDAL WETLANDS)
If 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 structural work, obstructions, or hazards caused thereby without expense to the
State, and if, upon the expiration or revocation of this permit, 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.
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
im provera ent of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such
damage.
3. All necessary precautions shall be taken to preclude contamination of anywetland or waterway by suspended solids,
sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, eachate or any other environmentally
deleterious materials 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 or along the bed of a waterway or floodplain, deposits within any regulatory floodway,
or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway.
5. There shall be no unreasonable interference with navigation by the work herein authorized.
6. 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.
7. 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.
8. 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 terms 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:
9. 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 perm t application.
Such approved plans were prepared by..Costello Marine Contractin¢~ Corp. on July 25, 2008 and
stamped NYSDEC approved on 10/'08/2008.
DEC PERMIT NUMBER
1-4738-00175/00005
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OCT ~ 4 2008
$outhhold Towu
Trustees
¥OUng's R.~
or "Holbrook Lane,,
90.00' p,~?
20'
Branch
k Creek
Survey of Property
Surveyed: 02-09-08
Amended: 04-04-08
Amended: 08-01-08
Amended: 09-22-08
SCT# 1000-113-6-9
Situate: Mattituck
Town: Southold
Suffolk County, NY
I 1" = 30' I
~e~erenc~ D~ed:
Llber 118-~5 Page
Area = 0]6 acres
HOWard's
of Mattitu
ROBERT H. FOX
NYS PLS~ 50197
PO BOX#366
AQUEBOGUE
NEW YORK 119~1
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