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HomeMy WebLinkAboutGoldsmith Inlet DredgingRESOLUTION 2010-985 ADOPTED DOC ID: 6449 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-985 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 14, 2010: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Chesterfields Associates~ Inc. and Latham Sand and Gravel~ in connection with the 2011 dredging of Goldsmith Inlet, in the amount not to exceed $40,000, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Krupski Jr., Evans, Russell ORIGIN) . AGREEMENT THIS AGREEMENT, entered into this ~'-day of ~a.//~,~, 2~0, by and between the Town of Southold, New York ('~,be Town"), a municipal corporation~ organized and existing under the laws of the State of New York with offices at 53095 Main Road, P.O. Box 1179, Southold, New York, 11971-0959 and Chesterfield Associates, I_nc. (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 and tow off road dump trucks will be used on site for an approximately five (5) day period (eight (8) hours per day) at the following rates: Excavator with 1 ½ cubic yard capacity bucket - $1417.50 per day or $177.19 per hour Offroad dump truck - $2,614.50 per day or $326.80 per hour The above equipment will be utilized to deepen an approximately 40 foot wide channel to a maximum depth of-4MLW. The resulting dredged material (maximum of 13,000 cubic yards) will be transported in off-road dump tracks 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, as approved by the Permit issued by the New York State Department of Environmental Conservation dated December 20, 2007, a copy of which is attached hereto and made a part hereof. ARTICLE 2. TIME OF COMPLETION The services to be rendered under this Contract shall be completed no later than January 15, 2011. 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, 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. -1- ARTICLE 4. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this Contract until it has obtained all insurance required 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 commemial 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 insurance certificates 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; (c) That it is certified and licensed to perform the work described in the Bid Specifications. The Contractor shall provide proof of Certification with the Town Clerk prior to commencement of the project; -2- (d) To perform all work set forth in the attached plans; (e) That the Contractor shall also provide the name of the certified testing laboratory to the Town Clerk prior to commencement of the work. (f) That the Contractor shall meet all OSHA and Department of Labor requirements. 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 Co) 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 falls to make prompt payment to persons supplying labor for the work; or (e) The Contractor falls 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 is owed in quantum meruit. 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, -3- 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). -4- 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 14, 2010. 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 inslnunent 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. -5- ARTICLE 15. NOTICES Any and ail 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: Elizabeth A. Neville, RMC, CMC Southold Town Clerk PO 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 shail be binding unless in writing and signed by the party waiving said breach. No such waiver shail 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 shail include the same. ARTICLE 17. MODIFICATION This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shail 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. -6- 1N WITNESS WHEREOF, the Town of Southold has caused these presents to be signed by Scott A. Russell, its Supervisor, duly authorized to do so, and the Contractor has caused these presents to be signed by its President, the day and year first above written. Scott PL RuSsell, Supervisor STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) On the 6, day of ~T-t0 ,O in the year 2~31L~ before me, the undersigned, a notary public in and for said state, personally appeared Scott A. Russell, 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 executed the same in his capacity and that by his signature on the instnnnent, the individual or the person upon whose behalf of which the individual acted, executed the instrument. L~NDA d COOPER NOTARY PUBLIC, State of New Yolk NO. 01CO4822563, Suffolk Country/ Term Expires December 31, 20 /~ · -) Notary l~ublic / STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) On the ,S' day of ~Je,.~-~...-~ in the year 2030%efore me, the undersigned, a notary public in and for said state, personally appeared Se.,~ ~ B, ~ , 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. ,~ ~Notary'Public -7- c~m~ Ex01ms July 1, 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) 444-0371 FAX: (631) 444-0360 Website: www.dec.state.ny.us Alexander B. Grannis Commissioner December 21, 2007 Town of Southold P.O. Box 1179 Southold, N.Y. 11971 Re: Permit #1-4738-00284/00023 Dear Permittee: 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 during 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, George W. Hammarth Permit Administrator OWn/dj Enclosure cc: BMHP NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 'Facility 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: GOLDSMITH'S INLET/KENNY'S BEACH LI SOUND/GOLDSMITH 1NLET/KENNY'S ROAD SOUTHOLD, NY 11971 Facility Application Contact: JAMES C MCMAHON SOUTHOLD TOWN HALL PO BOX 1179 SOUTHOLD, NY 11971 (631) 765-1892 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 714.3 NYTM-N: 4550.6 Latitude: 41°04'42.3" Longitude: 72026'56.3" Project Location: GOLDSMITH INLET MILL RD SCTM# 1000-67-1-11.1 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 duo. p trucks to the Long Island Sound beach downdrifl (east) of the inlet where the material will be placel/as beach nourishment. The work shall be as shown on the attached NYSDEC approved plans. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-00284/00023 New Permit Effective Date: 12/21/2007 Expiration Date: 1/14/2012 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-00284/00024 New Permit Effective Date: ~ Expiration Date: ~ 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: 1/14/2012 Page 1 of 6 .NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC 1D 1-4738-00284 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, ali applicable regulations, and all conditions included as part of this permit. Permit Administrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator Address: ,a. ,.de NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKIS0 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: Date Distribution List JAMES 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 OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS I. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 2. Approved Plans Approved Plans: Three sheets by the Town of Southold, Office of the Engineer 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. Page 2 of 6 .NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00284 3. Dredging, Material Placement Dredging material placement and the operation of mechanical equipment are prohibited between the dates January 15 and September 30 each year in order to protect the spawning and early life stages of finfish, including the winter flounder, shellfish and the nesting of endangered/thxeat ened 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 authorized. s. Leave a Uniform Bottom Elevation All dredging shall be conducted so as to leave a uniform bottom elevation free of 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 operation 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 department's approval. 8. Downdrifl Beach Nourishment Area All material placed on the downdrifc beach nourishinent area must be deposited and spread landward of the line of apparent high water. 9. Vegetated Dune Area There shall be no disturbance 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 Attn: Compliance 12. Notice of Maintenance Dredging For maintenance dredging projects, the permittee shall submit a Notice of Commencement prior to each dredging occurrence, specifying the disposal site (including an updated site plan). Upon completion, a Notice of Completion shall be submitted to the address indicated on that notice form, including the amount of material dredged and deposited at the approved disposal site. 13. Storage of Equipment, Materials The storage of constr~ction 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 excess material from 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 must also be signed and returned, along with photographs of the completed work. 16. State Not Liable for Damage The State of New York shall in no case be lia~c 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. 17. Conformance 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 I 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 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 Depa~ h~lent 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. 19. Precautions Against Contamination of Waters All necessar~ 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 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 Depash~ent 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. Page 4 of 6 · NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facifity DEC ID 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 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 COmlJlying with this permit and the ECL. Such representative 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. 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 application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Deparlxnent must be in writing. Submission of applications for p~mlit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands, Water Quality Certification, Excavation & Fill in Navigable Waters. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the fight 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; 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. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer o£ ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The l~nittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless Se Depat~xnent 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 acts or omissions in connection with the permittee~s undertaking of activities 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 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 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 for 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 permittee any right to trespass upon the lands or interfere with the riparian rights 0f 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 permit. Page 6 of 6 # ~o S LONG ISLAND x ,,/ SOUND 'cE,. '"' /' ~,~~~,., / /? ,/ £ ,/ PLAN DET N ~O~O0 \ AIL SCALE: 1" = 150' ' Town of Southold Office of the Engineer GENERAL NOTES LOCATION MAP APPROVED AS PER TERMS GOLDSMITH INLET VOLUME CALCULATION BENCH ~RK lEGEND TABLE OF EARTH~/ORK ( APPROX. ) TYPICAL CHANNEL SECTION M~INTENA/q CE DREDGING "GO~D~IilTH INLET' STA 48+00-W STA 48+02-W STA 49+00-W STA 51+00-W STA 52+00-W STA 53+00-W END SECTIONS 1' = 10' VERTICAL 1' = 80' HORIZOI~PrAL 5R +9,9 STA 50+O0-W PROJECT DESCRIPTION D/i~"'~G Ol 02 O~ 48+00 Town of Southold Office of the Engineer GENERAL NOTES VOLUM~ CALCULATION LEGEND TABLE OF EARTHWORK TYPICAL CHANNEL SECTION MAINTENANCE DREDGING AT "GO~ ~,.,,ET' S LONG ISLAND SOUND 'l PARTIAL SITE PLAN SCAI~: 1" = 500' GENERAL NOTES: DREDGING OPERATIONS SHALL COMMENCE BY OPENING ~I-IE NEW INLET AREA AS SHOWN ON THE DRAWING . ALL EQUIPMENT SHALL OPERATE FROM THE EASTERLY SIDE OF 1HE INLET AND ALL OPERATIONS SHALL MAINTAIN A CONTINUOUS, NATURAL CHANNEL FLOW THAT IS TO REMAIN OPEN AT ALL TIMES. ALL EQUIPMENT SHAM- HAVE SITE ACCESS FROM THE BITNER PROPERTY LOCATED APPROXIMATELY 5,100 FEET EAST OF THE INLET. DREDGING OPERATIONS SHALL DISIRIBUTE AU- DREDGE SPOIL ON THE EAS'[ERLY BEACH BEGINNING AT A POINT FIVE HUNDRED (500') FEET EAST OF 11-1E INLET. ALL DREDGE SPOIL SHALL BE PLACED ABOVE THE APPARENT MEAN HIGH WATER MARK AND BELOW THE VEGETAIED DUNE AREA. EXCAVATOR EQUIPMENT SHALL PLACE DREDGE SPOIL DIRECTLY INTO OFF ROAD VEHICLES THAT WILL THARSPDRT AND PLACE MATERIAL ALONG THE PROPOSED BEACH NOURISHMENT AREAS. BULL DOZERS DR OTHER SUCH EQUIPMENT SHALL BE USED TO LEVEL ALL FILL MATERIAL PLAC~D IN THE BEACH NOURISHMENT AREAS. ALL EQUIPMENT SHALL OPERATE BETI~ THE APPARENT MEAN HIGH WA~ER AND THE V~GETATED DUNE. LONG ISLAND SOUND MAXIMUM FILL HEIGHT NOT TO EXCEED 60.0' +/- ) NO FILL DR EQUIPMENT ALLOV~ BELOW M,H.W. 60,0' +/- TOP OF EXISTING DUNE M..~AN HI~_ WATER' ELE~.V 5.0~_. ~ a4~m~mm.mmaa~--~ ~'-- VEGETATED DUNE AREA TO M_.: "ENT OF BEACH SECTION "A" 15' 40' VERTICAL HORIZONTAL Town of Southold Office of the Engineer TABLE OF EARTHWORK ( .~PPm~x. ) TYPICAL CHANNEL SECTION MAINTENANCE DREDGING AT "GOLDS~II~ iNLET"