HomeMy WebLinkAboutGoldsmith Inlet Maint DredgingRESOLUTION 2010-90
ADOPTED
DOC ID: 5641
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-90 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 19, 2010:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between Chesterfield Associates~ Inc.
and the Town of Southold in connection with maintenance dredein~ work at Goldsmith
Inlet, at a cost not to exceed $40,000, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans
ABSENT: Scott Russell
ORIGINAL
AGREEMENT
6 t h J_a_rku_a_r3 ,_ _2_0_1_0_
THIS AGREEMENT, entered into this __ ~tay of~, by and between the Town of
Sonthold, New York ("the Town"), a municipal corporation organized and existing under the laws of
the State of New York with offices at 53095 Main Road, Southold, New York, and Chesterfield
Associates, Inc.(the "Contractor"), with an address of P.O. Box 1229, Westhampton Beach, New
York, 11978;
WITNESSETH, that the Town and the Contractor, for the consideration hereinafter named,
agree as follows:
ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR
The Contractor shall perform the following:
Mechanical maintenance dredging, approximately 700 linear feet seaward of the existing
channel of Goldsmith's Inlet. A mechanical excavator, tow off road dump trucks and a crawler front
end loader will be used on site for an approximately five (5) day period (eight (8) hours per day) at
the following rates:
I. Excavator with 1 ½ cubic yard capacity bucket - $1,350.00 per day or $168.75 per hour
2. Crawler end loader with 2 cubic yard capacity bucket - $1,240.00 per day or $155.00 per
hour
3. Offroad dump truck - $2,490.00 per truck per day or $311.25 per truck per hour
The above equipment will be utilized to deepen an approximately 40 foot wide channel to a
maximum depth of-4 MLW. The resulting dredged material (maximum of 13,000 cubic yards) will
be transported in off-road dump trucks to the Long Island Sound beach downdrift (east) of the inlet
where the material will be placed as beach nourishment.
The above mentioned shall be performed in accordance with attached plans entitled
"Maintenance Dredging at "Goldsmith Inlet'"', drawn by James A. Richter, Registered Architect,
dated October 19, 2007, and last amended on January 1, 2008, as approved by the New York State
Department of Environmental Conservation dated, a copy of which is attached hereto and made a part
hereofi
ARTICLE 2. TIME OF COMPLETION
The services to be rendered under this Contract shall be completed no later than January 15,
2010. Time of performance is of the essence of this Agreement.
ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT
Upon receipt of written notice, as provided in Article 15, herein that the Contract has been fully
performed and an inspection by the Town Engineer to certify that the work has been completed to the
satisfaction of the Town, the Contractor shall file with the Town Comptroller an itemized voucher
and the Town will pay the Contractor $40,000.00.
ARTICLE 4. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this Contract until it has met all insurance
requirments under this paragraph and such insurance has been approved by the Town.
(a) Compensation Insurance: The Contractor shall take out and maintain during the life of
this Contract Workers' Compensation Insurance for its employees to be assigned to the work
hereunder.
(b) Insurance: The Contractor shall take out and maintain during the life of this Contract such
general liability, property damage, and commercial auto liability insurance as shall protect it from
claims for damages for personal injury, including accidental death, as well as from claims for
property damage which may arise from operations under this Contract. The amounts of such
insurance shall be as follows:
General liability insurance in an amount not less than $1,000,000 for injuries, including
wrongful death to any one person and subject to the same limit for each person, in an amount not less
than $2,000,000 on account of any one occurrence.
Property damage insurance in an amount not less than $300,000 for damage on account of all
occurrences.
Commercial auto liability insurance in an amount not less than $500,000 for damage on
account of all occurrences.
The Contractor shall furnish the above insurances to the Town and shall also name the Town as
an additional named insured in said policies.
(c) Any accident shall be reported to the office of the Town Clerk as soon as possible and not
later than twenty-four (24) hours from the time of such accident. A detailed written report must be
submitted to the Town as soon thereafter as possible and not later than three (3) days after the date of
such accident.
ARTICLE 5. REPRESENTATIONS OF CONTRACTOR
The Contractor represents and warrants:
(a) That it is financially solvent and that it is experienced in and competent to perform the
type of work or to furnish mechanical maintenance dredging to be furnished by it;
(b) That it is familiar with all federal, state, municipal and department laws, ordinances and
regulations which may in any way affect the work or those employed therein; and
(c) To perform all work set forth in the attached plans.
ARTICLE 6. PERMITS AND REGULATIONS
The Contractor shall comply with all permits issued to the Town in connection with the
services furnished under this Agreement.
ARTICLE 7. TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
The Town shall have the right to stop work or terminate the Contract if:
(a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors;
or
(b) A receiver or liquidator is appointed for the Contractor or for any of its property and is
not dismissed within 20 days after such appointment or the proceedings in connection therewith are
not stayed on appeal within the said 20 days; or
(c) The Contractor refuses or fails to prosecute the work or any part thereof with due
diligence; or
(d) The Contractor fails to make prompt payment to persons supplying labor for the work; or
(e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or
(f) The Contractor is guilty of a substantial violation of any provision of this Contract;
(g) The Town's execution and participation in this contract is found to be in violation of an
existing collective bargaining agreement.
(h) In any event, the Town, without prejudice to any other rights or remedy it may have,
may, with or without cause, by seven (7) days' notice to the Contractor, terminate the employment of
the Contractor and its right to proceed as to the work. In such case, the Contractor shall not be
entitled to receive any further payment beyond what owed in quantum mernit.
ARTICLE 8. DAMAGES
It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be
performed by it under this Contract shall be that of an independent contractor. As an independent
contractor, it will be responsible for all damage, loss or injury to persons or property that may arise in
or be incurred during the conduct and progress of said work, whether or not the Contractor, its agents,
or employees have been negligent. The Contractor shall hold and keep the Town free and discharged
of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume
all responsibility for risks or casualties of every description, for loss or injury to persons or property
arising out of the nature of the work, from the action of the elements, or from any unforeseen or
unusual difficulty. The Contractor shall make good any damages that may occur in consequence of
the work or any part of it. The Contractor shall assume all blame, loss and responsibility of any
nature by reason of neglect or violation of any federal, state, county or local laws, regulations or
ordinances.
ARTICLE 9. INDEMNITY AND SAVE HARMLESS AGREEMENT
The Contractor agrees to indemnify and save the Town, its officers, agents and employees
harmless from any liability imposed upon the Town, its officers, agents and/or employees arising
from the negligence, active or passive, of the Contractor and from and against any damages, claims,
or expenses, including reasonable attomey's fees, arising out of Contractor's breach of the
Agreement or from Contractor's acts or omissions outside the scope of the Agreement or arising out
of claims or actions by third parties against Contractor by virtue of his performance of this
Agreement.
ARTICLE 10. NO ASSIGNMENT
In accordance with the provisions of section 109 of the General Municipal Law, the Contractor
is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this
Agreement, or of its fight, title or interest in this Agreement, or its power to execute this Agreement,
to any other person or corporation without the previous consent in writing of the Town.
ARTICLE 11. REQUIRED PROVISIONS OF LAW
Each and every provision of law and clause required by law to be inserted in this Contract shall
be deemed to have been inserted herein. If any such provision is not inserted, through mistake or
otherwise, then upon the application of either party, this Contract shall be physically amended
forthwith to make such insertion. In particular, the Contractor shall, among other things, fully comply
with:
(a) Labor Law section 220-e and Executive Law sections 291-299 and the Civil Rights Law
relating to prohibition against discrimination and providing equal opportunity.
(b) Affirmative action as required by the Labor Law.
(c) Prevention of dust hazard required by Labor Law section 222-a.
(d) Preference in employment of persons required by Labor Law section 222.
(e) Eight-hour workday as required by Labor Law section 220(2).
ARTICLE 12. PREVAILING WAGE RATES REQUIRED BY LAW
(a) The parties hereto, in accordance with the provisions of section 220(3) of the Labor Law,
hereby agree that there shall be paid each employee engaged in work under this Contract not less than
the wage rate and supplements set opposite the trade or occupation in which he/she is engaged, as
listed on Exhibit A attached hereto and made a part of this Agreement, which are the wage rates and
supplements established as the prevailing rate of wages for the work covered by this Contract.
(b) Labor classifications not appearing on the schedule of wages can be used only with the
consent of the Owner and then the rate to be paid will be given by the Owner after being advised by
the Department of Labor.
(c) The Contractor shall post in a prominent and accessible place on the site of the work a
legible statement of all wage rates and supplements, as specified in the Contract, for the various
classes of mechanics, workingmen/women, or laborers employed on the work.
ARTICLE 13. ARBITRATION
Should any dispute arise between the Town and the Contractor regarding the manner or
sufficiency of the performance of the work, the disputed matter shall be settled by arbitration in
accordance with the laws of the State of New York. There shall be three arbitrators, one of whom
shall be selected by each of the parties hereto, and the third by the two arbitrators so selected. If the
selection of any arbitrator is not made within fifteen (15) days of the time that either party has
notified the other of the name of the arbitrator it has selected, then the arbitrator or arbitrators not
selected shall be appointed in the manner provided by the laws of the State of New York. The work
shall not be interrupted or delayed pending such decision.
ARTICLE 14.
AUTHORITY FOR EXECUTION ON BEHALF OF THE
TOWN
The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town
Board of the Town of Southold, at a meeting thereof held on December 15, 2009. Scott A. Russell,
Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this
instrument and enter into such an Agreement on behalf of the Town. This instrument shall be
executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the
office of the Town Clerk, Elizabeth Neville.
ARTICLE 15. NOTICES
Any and all notices and payments required hereunder shall be addressed as follows, or to such
other address as may hereafter be designated in writing by either party hereto:
To Town:
James A. Richter, Office of the Engineer
54375 Main Road
P.O. Box 1179
Southold, NY 11971-0959
To Contractor:
Chesterfield Associates, Inc.
P.O. Box 1229
Westhampton Beach, NY 11978
ARTICLE 16. WAiVER
No waiver of any breach of any condition of the Agreement shall be binding unless in writing
and signed by the party waiving said breach. No such waiver shall in any way affect any other term
or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other
breach unless the waiver shall include the same.
ARTICLE 17. MODIFICATION
This Agreement constitutes the complete understanding of the parties. No modification of any
provisions thereof shall be valid unless in writing and signed by both parties.
ARTICLE 18. APPLICABLE LAW
This Agreement is governed by the laws of the State of New York.
IN WITNESS WHEREOF, the Town of Southold has caused its corporate seal to be affixed
hereto and these presents to be signed by Scott A. Russell, its Supervisor, duly authorized to do so,
and to be attested to by Elizabeth A. Neville, Town Clerk, and the Contractor has caused its corporate
seal to be affixed hereto and these presents to be signed by its President, the day and year first above
written.
Town of Southold
(Seal of the Town of
Southold)
Attest: By:
Elizabffgh A~ Ne~dlb,-Town Clerk
STATE OF NEW YORK:
COUNTY OF SUFFOLK: ss.:
On this ~cz:_.vzr b , ~,,,,9, before me, the subscriber, pgr. sgn~ll~, appeared ~ who,
being by me duly sw~m, deposes and says: That he is the ~*i/~e~r[,~sor~ of the Town of Southold (the
"Town"), the municipal subdivision of the State of New York named in and which executed the
above and within Instrument; that he knows the seal of said Town and that the seal affixed to said
Instrument is the seal of the Town; that it was so affixed by the order of the Town Board of the
Town, and that he signed his name thereto by like order;
And on the same day before me personally came and appeared Elizabeth A. Neville, Clerk of the
Town of Southold, who, being by me duly sworn, deposes and says: that she is the Clerk of the
Town; that she knaw, g tb.e zeal of said Tow. n: thaLi_t was affixed to said Instrument is the seal of the
Town; that smd ........ xzgo~s the .of g.T. pwn and that the s~gnature on smd
instrument is the signature of said~, as
STATE OF NEW YORK:
COUNTY OF SUFFOLK: ss.:
No. 02AN6098246
Qualified tn Suffolk County ,
Commission Expires January 12, 20.1G5
January 2010
On the5th Day of~ in the year 2~t~ before me, the undersigned, a notary public in and for
said state, personally appeared Seth Allan , personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to
the within instrument and acknowledged to me that he/she executed the same in his/her capacity and
that by his/her signature on the instrument, the individual or the person upon whose behalf of which
the individual acted, executed the instrument.
RESOLUTION 2009-947
ADOPTED
DOC ID: 5461
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-947 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 15, 2009:
RESOLVED that the Town Board of the Town of Southold hereby authorizes Chesterfields
Associates to perform maintenance dredging work at Goldsmith Inlet, all at rates set forth in
the competitively awarded Suffolk County Rate Schedule for Construction Equipment Services,
in connection with the dredging work, scheduled for January of 2010, at a cost not to exceed the
2010 Budget amount of $40,000, all in accordance with the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Scott Russell
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
N~W ¥ORI< STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
F~cil~ty DEC ID 1-4738-00284
PERMIT
Under the Environmental Conservation Law (ECL)
Permittee and Facility InfOrmation
Permit Issued To:
TOWN OF SOUTHOLD
PO BOX 1179
SOUTHOLD, NY 11971
Facility:
OOLDSM1TH'S INLET/KENNY'S BEACH
LI SOUND/GOLI3SMITH INLET/KENNY'S
ROAD
SOUTHOLD, NY 11971
Facility Ap~ation Contact:
JAMES C ~CMAHON
SOUTH~D TOWN HALL
PO BOX 1179
SOUTI~OLD, NY 11971
(631) 765-1892
Facffity Location: in SOUTHOLD in SUFFOLK COUNTY
Facility Principal Reference Point: NYTM-E: 714.3 NYTM-N: 4550.6
Latitude: 41°04'42.37 Longitude: 72026,56.3"
Project Location: GOLDSMITH INLET MILL RD SCTM# 1000-67-I-11.1 WATERCOURSE:
GOLDSMITH INLET
Authorized Activity:
Mechanically maintenance dredge the seaward approximately 700 linear feet of the existing channel of
Goldsmith inlet. A mechanical excavator will be used to deepen an approximately 40 foot wide channel
to maximum depth -4 MLW. The resulting approximately 13,000 cubic yards of material will be
transported in off-road dump trucks to the Long Island Sound beach downdrift (east) of the inlet wh~re
the material will be placedas beach nourishment. The Work shall be as shown on the attached NYSDEC
approved plans.
permit auth°rizati°nS
Tidal Wetlands - Under Article 25
Peimit ID !-4738-00284/00023
New Permit Effective Date: 12/21/2007 Expiration Date: ~
Water Quality Certification - Under Section 401 - Clean Water Act
Permit ID 1-4738-00284/00024
New Permit Effective Date: ~ Expiration Date: /1/_!~_4/2.Q~
Excavation & Fill in Navigable Waters - Under Article 15, Title 5
Permit ID 1-4738-00284/00025
New Permit Effective Date: 12/21/2007 Expiration Date: ~
Page 1 of 6
i N~%V YOI~K STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Fncility DEC ID 1-4738-00284
NYSDEC Approval
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict
compliance with the ECL, aH applicable regulations, and all conditions included as part of this
permit.
Permit Administrator: GEORGE W I-La~MMARTH, Deputy Regional Permit Administrator
Address: ~ ~ NYSDEC R~GION 1 HEADQUARTERS
@ STOre BROOKIS0 CmCLE RO
STO~ BROOK, ~ 11790 -3409
Au~ofized si~mre: ~~
Date
Distribution List
JAMBS C MCMAHON
Marine Habitat Protection
GEORGE W HAMMARTH
FILE
Permit Components
NATURAL RESOURCE PERMIT CONDITIONS
WATER QUALITY CERTIFICATION SPECIFIC CONDITION
GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS
NOTIFICATION OF OTI-tER PERMITTEE OBLIGATIONS
I NAT
U~'AL RESOURCE PERMIT CONDITIONS - Apply to the F°~wing
Permits~ TIDAL WETLANDS; WATER QUALITY CERTIFICATION;
E~CAVATION & FILL IN NAVIGABLE WATE~.8
1. No Interference With Navigation There shall be no unreasonable int~ence with navigation by
the work herein authorized.
2. ApprOved Plans ~ Three sheets by the Town of Southold, Office of the Engineer
stamped '~xP/SDEC Approved 12/20/07". Sheets I of 3 and 3 of 3 dated 10/19/07. Sheet 2 of 3 dated
10/30/07.
Page 2 of 6
NEW.YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC 11) 1-4738-00284
3. Dredging, Material Placement Dredging material placoment and the operation of mechanical
equipment are prohibited between' the dates January 15 and September 30 cach year in order to protect
the spawning and early life stages of finfish, including the winter flounder, shellfish and the nesting of
endangered/threatened shorebirds.
4. No Side-casting or Temporary Storage Excavated sediment shall be placed directly into the
approved disposal/dewatering site or conveyance vehicle. No side-casting (double dipping) or
temporary storage of dredged material is aml*/0rf~e~. ....... r
5. Leave a Uniform Bottom Elevation Ail dredging shall be conducted so as to leave a uniform
bottom elevation free ~mounds or holes.
6. Grade Channel Side Slopes All side slopes of the dredge channel will have a maximum of 1:3
slope.
7. Dredged Materials on the Beach All material deposited on the beach shall be of compatible (equal
or larger) grain size to the to the naturally occurring beach. If at any time during the dredging Ol~nation
the composition of the dredged material changes and becomes unsuitable for beach placement, dredging
operations shall cease immediately and the office of Marine Habitat Protection shall be contacted with a
proposed plan to correct the problem and/or for alternative placement. No further activity will
commence without the depa~ tt~ent's approval.
8. Dowadrift ~Beaoh No~rlshm~nt ~a~roa. ~Atlmatm:ial pla¢~d on ~t~he~ downdri~ be~a~l~ noudshanant al~a
must be deposited and spread landward of the line of apparent high water.
9. Vegeta~d Dune Area There shall be ~djsturbance to vegetated dune areas.
10. Dredging Once Per Year Dredging shall be undertaken no more than once in any calendar year
unless specifically authorized by the department.
11. Dredged Depth Survey Within 30 days of completion of the dredging operation, an as-dredged
depth survey of the dredged area shall be submitted to
Marine Habitat Protection
NYSDEC REGION 1 HEADQUARTERS
SUNY ~ STONY BROOKI50 CIRCLE RD
STONY BROOK, NY11790 -3409
At°m: Compliance
12. Notice of Maintenance Dredging For maintenance dredging projects, the permittee shall submit a
Notice of Commencement prior to each dredging occurrence, specil~ing the disposal site (including an
updated site plan). Upon completi~a, a Notice of Completion shall bo submitted to the address indicated
on that notice form, including the amount ofmat~rial ~a~d deposited at the approved disposal
site.
13. Storage of Equipment, Materials The storage of construction equipment and materials shall be
confined within the project work area and/or upland areas greater than 50 linear feet from the tidal
wetland boundary.
Page 3 of 6
NEW. YORK STATE DEPARTMENT OF ENVIRoNMEnTAL CONSERVATION
Facility DEC ID 1-4738-00284
14. No Construction Debris in Wetland or Adjacent Area Any debris or cxcess material fi.om
construction of this project shall be completely removed from the adjacent area (upland) and removed to
an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas.
· 15. 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 mint a~O:be ~.aml returned, along with photographs of
the completed work.
16. State Not Liable f~ Damage The State of New York shall in no case be ilti~te for any damage or
injury to the stmct~e' 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 pm-poses, and no
claim or right,to compensation shall accrue fi.om any such damage.
17. Confocrmance With Hans All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or applicant's agent as part of the permit application.
Such approved plans were prepared by Town of Southold, Office of Engineer. Three sheets stamped
NYSDEC Approved 12/20/07. Sheets 1 of 3 and 3 of 3 dated 10/19/07. Sheet 2 of 3 dated 10/30/07.
18. State May Order Removal or Alteration of Work If future operations by the State of New York
requ/re an alteration in the position of the structure or work herein authorized, or if, in the opinion of the
Debt,of Env3mm~tat Coasers, atioa it sh~.~ll ~a~se. unreasonabte,ob~on to naviga~on
of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause
loss or destru¢fiOtl: of the natural resettles of the State, the owner may be ordered by the D~rartment to
remove or alter the structural work, obstm6t~rom, or hazards caused thereby without expense to the Sta~e,
and.'/~i'~ upon the expiration or revocation of this peirnig the structure, ill!, exoneration, or other
modification of the watercourse hereby authorized shall not'be compreted, the owners, shall, without
expense to the State, and to such extent and in such time and manner as the Depa~unent 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 sh~ll
be made against the State of New York on account of any such removal or alteration.
19. Precautions Against Contamination of Waters All neee,,sary precautions shall be taken to
preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents,
lubricants, epoxy coatings, paints, concrete, lenchate or any other environmentally deleterious materials
associated with the project.
20. State May Require Site Restoration 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 Depat'taxent of Environmental Conservation may
require, remove all or any portion of the uncompleted structure or fiH 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.
Page 4 of 6
N]~W YORK STATF~ DEPARTMENT'OF ENVIRONMENTAL CoNsERvATION '" · '~'
Facility DEC m 1..4738-00284
WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS
1. Water Quality Certification 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.
GENERAL CONDITIONS - Apply to ALL Authorized Permits:
1. Facility Inspeelion by The Department The permitted site or facility, including'relevant records, is
subject to inspection at reasonable hours and intervals by an authorized representative or'he Department
of Environmaestal Conservation (the Department) to determine whether the permittee is complying with
this permit//hd the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301
and SAPA 401(3).
The p~ttee shall provide a person to accompany the Department's representative during an inspection
to the permit area when requested by the Department.
A CCgy 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 r ueSt b a D artment r reSen ......
eq Y ep ep tative is a v~olation offhls permit.
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.
3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a
separate written application to the Department for permit renewal, modification or transfer of this
permit. Such appl~cati~.n must include any forms or supplemental information the Departm.ent requires.
Any renewal, m0difi~ti0h Or transfer granted by tie Dep~ent must be in Writing. Subm~sSion of
application for p~t r~l, mod/iSeatiot~ or~a~sth- ~to be sul~m~ to:
~ Regional Permit Administrator
~SDEC REGION I HEADQUARTERS
SM ~ STONY BROOKI50 CIRCLE RD
STONY BROOK, NY11790 -3409
4. Submission of Renewal A~cation The permittee must submit a r~ewal application at least 30
days before permit expiration for the fotknVing permit authorizatfoi~S: Tidal Wetlands, Water Quality
Certification, Excavation & Fill in Navigable Waters.
5. Permit Modifications, Suspensions and Revocations by the DePartment The Departrnent
reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or
revocation include:
a. materially false or inaccurate statements in the permit application or supporting papers;
Page 5 of 6
NEW,YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-00284
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 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;
eo
noncompliance with previously i~ p~it c0fidtlixms~: erd .ers of the commissioner, any
provisions of the Environmental Conservation Law or regulati0r/s'of the Department related to
the permitted activitY.
6. Permit Transf~' Permits are transferrable unless specifically prohibited by statut% regulation or
another permit oorndition. Applications for permit transfer should bo submitted prior to aGtual transfer of
ownership.
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS I
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The germittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless
Dcp~tltment of Environmental Conservation of the State of New York, its representatives, employees~
' and ~g~nts ( 'DEC ') for all claims, suit~s, actions, ~a~3~ ~.d' d~ages, to.the extent attributable to the
permittee s acts or omissions in connechon wun.the permlttee s unaertazlng ox acbwnes in connectiOn
with, or operation and matntenanve of, the facility or facilities authorized by the permit whether
compliance or not in compliance with ~e terms and conditions of the permit. This ind~mrfification does
not extend to any claims, suits, actions, or damages to the extent attributable 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 fights provision
under federal or state laws.
Item l~: Permittee's Contxactors to Comply with Permit
The permittee is re~onsible 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~01ations of the Environmental Conservation Law as those prescribed for th.e permittee.
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is resl~sible 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 p~lt.
Item D: No Right to Trespass o~ I~terfere with Riparian Righ~
This permit does not convey to the permittee' ~ny right t~spa~s upon the lands or interfere with the
riparian rights Of others in order to perform the permitted work nor does it authorize the impairment of
any fights, title, or interest in real or personal property held or vested in a person not a party to the
permit.
Page 6 of 6
'ERMIT NUMBER:
'ROJECT LOCATION/ADDRESS:
:ONTRACTOR NAME:
NOTICE OF COMMENCEMENT OF CONSTRUCTION
COMPLIANCE
Marine Habitat Protection
NYSDEC
50 Circle Road - SUNY
Stony Brook, NY 11790-2356
OR FAX TO: 631-444-0297
ISSUED TO:
ADDRESS:
'TELEPHONE:
ear Sir.
ureuant to General Condition # 9 of the referenced permit, you are hereby notified that the authorized activity shall commence on
· We certify that we have read the referenced permit and approved plans and fully understand file authedzed project and all
~rmit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on Ihe
)proved plans. We can do so in full compliance with al! plan notes and permit conditions. The permit sign, permit and approved plans will
) available at the site for inspsc6on in accordance with general Condition No. 1.
toth signatures required)
PERMITEE DATE
CONTRACTOR DATE
~IS NOTICE MUST BE SENT TO THE ABOVE ADDREss AT LEAST TWO DA YS PRIOR TO COMMENCEMENT OF THE PROJECT AND
ANYASSOCIA TED REGULA TED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE
ERMITAND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MA ¥ SUBJECT THE
=_RMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT
~)NDITIONS.
tt along this line ~< >,= ~ ~ ~
NOTICE OF COMPLETION OF CONSTRUCTION
=.TURN THIS FORM TO:
!RMIT NUMBER:
COMPLIANCE
Marine Habitat Protection
NYSDEC
50 Circle Road - SUNY
Stony Brook, NY 11790-2356
OR FAX TO: 631-444-0297
ISSUED TO:
tOJECT LOCATION/ADDRESS:
)NTRACTORNAME:
ADDRESS:
TELEPHONE:
ar Sir:
rsuant to General Condition # 9 of the referenced permit, you are hereby notitied that the authorized activity was completed on
· We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required)
PERMITEE
CONTRACTOR
DATE
DATE
IS NOTICE, WITH PHOTO(~HA~H~' (Jr- I ~- (~(JMi~LI: I t:U WL~Y(~ ~IVL)/',Jlff,~ [JuMPLETED SURVEY, AS APPROPRIATE, MUST BE
NT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT.
95-20-~ (t 1~03)-9d
New York State
Department of Environmental Conservation
NOTI"CE
The. DePartment of Environmental Conservation (DEC)has
issued permit(s) pursuant to the Environmental Conservation
Law for work being conducted at this site. For further
information regarding the nature and eXtent of the apProved
work and any Department conditiOns applied to the approval,
contact the Regional Permit Administrator liSted below. Please
refer tothe permit number Shown when contacting the DEC.
Permit Number/~.~;~~~~
Expiration Date "~'-~J,¥'c~-,~/v' /~,~o/.-~
Regional Permit AdministratOr
ROGER EVANS
NOTE: This notice is NOT a permit
Town of Southold
, .. ~ ~~~~~)1
/,~.~ ..~ .,. . ,~,% % -,-
Town of $outhold
~ND S~CTIONS ............ ~ ~ ~o~
1' = BO' HO~ZO~ ~~.~.~ ~~
Town of Southold
I S L A N O / ~/ ,/~/ ~ / ~(~-~.
S 0 U N D .~/~ ,~/~ ~ / s ~~~~~
~ P~ SITE P~ B~CH SEC~ON "A" ~ ~ ~