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HomeMy WebLinkAboutLatham Sand & GravelRESOLUTION 2011-403 ADOPTED DOC ID: 6892 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-403 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 24, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Latham Sand & Gravel~ Inc. in connection with the Town Beach Restoration Project and the Sound View Avenue Road Shoulder Reconstruction, Rock Revetment and Shoulder Stabilization Project, in the amount of $130,000.00, subject to the approval of the Town Attorney. Elizabeth A. Neville Southoid Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell AGREEMENT THIS AGREEMENT, entered into this 2nd day of May, 2011, by and between the Town of Southold, 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 Latham Sand & Gravel, Inc. (the "Contractor"), with an address of P.O. Box 608, Peconic, New York, 11958; 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 projects: Project # 1: Soundview Ave. Road Shoulder Reconstruction, Rock Revetment & Shoulder Stabilization Project: A. Provide Mechanical Equipment & Operators to be used for the installation and placement of approximately two hundred twenty five (225') linear feet of stone revetment to stabilize and support the toe of slope for road shoulder along Soundview Avenue. All work to be performed in accordance with the New York State Department of Environmental Conservation (hereinafter "DEC") penmt plans & specifications. Any additional equipment not specifically described herein is not part of this Agreement. B. The construction and installation of new Stone Revetment material shall be located immediately adjacent to the apparent Mean High Water mark. All equipment and construction activity necessary for the installation of the rock revetment will access the site by way of the Town Beach parking lot located immediately to the east. C. The equipment will be utilized to transport material down the beach and to construct a new rock/stone revetment to stabilize the road shoulder of Soundview Avenue. D. All excavated material required for the installation of the new stone structure shall be left on site for backfill behind the new revetment system. E. The Town of Southold shall act as the General Contractor for the project and direct the work as needed or required. All stone, filter cloth, back fill & construction materials shall be supplied by the Town. The required equipment supplied by Latham Sand & Gravel shall include a Crawler Mounted Fro~nt End Loader and/or Front End Wheel Loader. The equipment identified to be supplied by Latham Sand & Gravel will be provided at the following County Contract rates: 1. Crawler Mounted Front End Loader (CAT 953 C) [Item # 14-S] - $1,230.00/day or $153.75/hr. 2. Front End Wheel Loader with 4C.Y. Capacity Bucket [Item # 21-S1] - $1,430.00/day or $178.75/hr. The above referenced work and equipment required to construct the Rock Revetment and grade or shape the road shoulder fill and/or the placement & grading of fill shall not exceed a total of twenty thousand ($ 20,000.00.) dollars. The cost for this project work item has been approved by FEMA for reimbursement. No additional work shall be performed unless approved by the Town Board in accordance with Paragraph 7 of the Town Procurement Policy. Project # 2: Beach Cleaning of Wood, Asphalt & Concrete "Storm Damage" Debris adjacent to Town Beach; Beach Cleaning of Wood & "Storm Damage" Debris adiacent to Soundview Ave. Road Shoulder; And Beach Cleaning of Wood & "Storm Damage" Debris at Kenneys & McCabe's Beaches. Provide Mechanical Equipment & Operators to be used for clearing & cleaning the above referenced locations. The Equipment supplied by Latham Sand & Gravel shall be used for clearing & cleaning all storm damage and related debris from the above referenced locations (four (4) independent project sites). This equipment will also be utilized to re-grade and contour the beach areas as needed to provide the DEC recommended beach profile. All work to be performed in accordance with DEC Permit plans & specifications. Any additional equipment not specifically described herein is not part of this Agreement. The Town of Southold shall act as the General Contractor for the project and direct the work as needed or required. All debris shall be loaded into Town tracks and taken to the Town Collection Center for disposal. In the event that Town tracks are not available, the contractor shall provide a track that will take the debris to the Town Collection Center at a cost not to exceed the unit cost as provided for on the Suffolk County Contract for equipment services. The required equipment supplied by Latham Sand & Gravel shall include but not be limited to a Crawler Mounted Front End Loader (CAT 953 C). The equipment identified to be supplied by Latham Sand & Gravel will be provided at the following County Contract rates: 1. Crawler Mounted Front End Loader (CAT 953 C) [Item # 14-S] - $1,230.00/day or $153.75/hr. The above referenced work to clean and/or re-grade the beach profile shall not exceed a total of Ten Thousand ($ 10,000.00.) dollars. The Cost for this project work item has been approved by FEMA for reimbursement. No additional work shall be performed unless approved by the Town Boar din accordance with Paragraph 7 of the Town Procurement Policy. Project # 3: Supply, Delivery and Grading of Sand & Gravel Material for the following: (1) Town Beach parking, Lot Reconstruction Proiect; and (2) Construction / Placement of a Shoreline Protection Dune Feature: A. Provide Mechanical Equipment & Operators to be used for the delivery, grading and placement of approximately two thousand five hundred (2,500 CY) Cubic Yards of sand & gravel to stabilize & support the re-construction of the asphalt parking lot and six thousand (6,000 CY) Cubic Yards of sand & gravel to construct a shoreline protection dune feature. All work to be performed in accordance with the New York State Department of Environmental Conservation (bereina~er "DEC") Permit plans & specifications. Any additional equipment not specifically described herein is not part of this Agreement. B. The Delivery and Grading of Sand & Gravel material shall be located immediately adjacent to the line of existing asphalt pavement. All equipment and construction activity necessary for the placement and grading of sand & gravel material will access the beach from the existing asphalt parking lot. C. The Town of Southold shall act as the General Contractor for the project and direct the work as needed or required. The required equipment supplied by Latham Sand & Gravel shall include a Crawler Mounted Front End Loader, 10 Wheel Dump Trucks and/or Front End Wheel Loaders. The equipment identified to be supplied by Latham Sand & Gravel will be provided at the following County Contract rates: 1. Crawler Mounted Front End Loader (CAT 953 C) [Item # 14-S] - $1,230.00/day or $153.75/hr. 2. Front End Wheel Loader with 4C.Y. Capacity Bucket [Item # 21-S1] - $1,430.00/day or $178.75/hr. 3. Front End Wheel Loader with 2.5 C.Y. Capacity Bucket [Item # 1 l-S1] - $1,190.00/day or $148.75/hr. 4. 10 Wheel 12 C.Y. Dump Trucks (4 EACH) [Item # 29-S1] - $1,120.O0/day/tmck or $140.00/hr./truck The above referenced work and equipment required to supply & deliver material, grade and to shape the material as needed shall not exceed a total of one hundred thousand ($100,000.00.) dollars. The cost for supply of this material has been approved by FEMA for reimbursement. No additional work shall be performed unless approved by the Town Board in accordance with Paragraph 7 of the Town Procurement Policy. The above mentioned Projects shall be performed in accordance with attached plans entitled "PROJECT # 1 - Soundview Avenue Road Shoulder Reconstruction - Proposed Rock Revetment & Shoulder Stabilization" - "PROJECT # 2 - Beach Cleaning of Wood, Asphalt & Concrete "Storm Damage" Debris adjacent to Town Beach; Beach Cleaning of Wood & "Storm Damage" Debris adjacent to Soundview Ave. Road Shoulder; And Beach Cleaning of Wood & "Storm Damage" Debris at Kenneys & McCabe's Beaches.", - "PROJECT # 3 -Delivery and Grading of Sand & Gravel Material for the Town Beach Parking Lot Reconstruction Project and the Construction / Placement of a Shoreline Protection Dune Feature; drawn by James A. Richter, Registered Architect, dated April 1, 2011, and as approved by the New York State Department of Environmental Conservation dated, 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 in a timely manner but not less than twenty (20) calendar days at~er the start of construction. 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 for equipment used and hours / days worked and the Town will pay the Contractor based on the Suffolk County Contract for Construction Equipment Services. ARTICLE 4. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this Contract until it has met all insurance requirements under this paragraph and such insurance has been approved by the Town. 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. 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 fi.om claims for damages for personal injury, including accidental death, as well as fi.om claims for property damage which may arise from operations under this Contract. The amounts of such insurance shall be as follows: (1) 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. (2) Property damage insurance in an amount not less than $300,000 for damage on account of all ocearl'enees. (3) Commercial auto liability insurance; 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 fi'om 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 fight 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 atter 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 cfa substantial violation of any provision of this Contract; or (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 merit. 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 flee 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 fi.om 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 fi.om any liability imposed upon the Town, its officers, agents and/or employees arising from the negligence, active or passive, of the Contractor and fi.om and against any damages, claims, or expenses, including reasonable attorney'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 right, 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. CO) 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. Co) 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 uny 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 pursutmt to a.Re~scll~[ion adopted by the Town Board of the Town of Southold, at a meeting thereof held on ]~a~c~. Scott A. Russell, Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument und 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 und all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereat~er be designated in writing by either party hereto: To Contractor: To Town: Latham Sand & Gravel, Inc. James A. Richter, Office of the Engineer P.O. Box 608 54375 Main Road, P.O. Box 1179 Peconic, NY 11958 Southold, NY 11971-0959 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 uny other breach unless the waiver shall include the same. ARTICLE 17. MODIFICATION This Agreement constitutes the complete understunding of the parties. No modification of any provisions thereof shall be valid unless in writing und signed by both parties. ARTICLE 18. APPLICABLE LAW This Agreement is governed by the laws of the State of New York. 1N 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. (Seal of the Town of Southold) Attest: By: Elizabeth. Neville, ~own Clerk STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: By: Town of Southold SclS~ A Russ-ell; Supervisor Latham Sand & Gravel, Inc. On this .~/ day of'~F.g.¥,~_, 2011, before me, the subscriber, personally appeared Scott A. Russell who, being by me duly sworn, deposes and sa~s: That he is the Supervisory 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 knows the seal of said Town; that it was affixed to said Iusmunent is the seal of the Town; that said Scott A. Russell is the Supervisor of the Town and that the signature on said insmunent is the signature of said Scott A. Russell, as Supervisor. ~ ~IDA J COOPER '.lC, State of New Ye: '~3, Suffolk -tuber 31, 20 STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: Notary PQb~i~DTAF, ~,~, York NO. O: Term -- On thisoqdr- day of~ in.the year 2011 before me, the undersigned, a notary pubhc in and for said state, personally appeared ,_-J-('JF)ID Hc3C~.Q~ , 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. REGINA L. CARTSELOS Notary Public - State of New York No. 01CA6198908 Qualified in Suffolk County My Commission Expires January 5, 2013 ~ ~ Notary Public 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.ny.qov May 19, 2011 Jo~ Mmt~ns Comn~ssioncr Town of SouthOld P.O. Box 1179 Southold, NY 11971 RE: Permit #1-4738-02185/O0005 Dear Permittee: JUN - 3 2011 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. !fyou 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 CWWdj Enclosure NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4735-02185 PERMIT Under the EnVironmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD, NY 11971 (631) 765-1283 Facility Application Contact: ,: MES K n TERMAN S~I~OLK CO~Y,.,d~EPT PUBLIC WORKS 335;~~VE ., , , 980 Facility: ~SHAMOMUCK BEACH - TOWN BEACH CO RTE 48 - E OF $OUNDVIEW ISCTM # 1000-51-5-1 SOUTHOLD, NY 11971 Facffity Location: in SOUTHOLD in SUFFOLK COUNTY Fataqity Principal Reference Point: NYTM-E: 717.1 NYTM-N: 4551.9 L~ral~.. ~lQ0YZ~l!8"~LOn~ffe: :72~24~5~:'8'' Project Location: WATERCOURSE: LONG ISLAND SOUND Authorized Activity: Restore an existing, storm damaged public bathing beach facility. Work includes: - Remove the accumulated debris. - Cut and remove undermined and/or broken sections of asphalt from the seaward edge of parking lot. - Truck in and place approximately 6,000 cubic yards of upland source sand beginning at existing seaward edge of parking lOt and exten~ng ~ tO ihe line ~f aPPard~ high ~a~e~. - Install a 20 foot wide strip of new asphalt at seaward edge of the parking lot to replace pavement damaged by storm. Work shall be as shown on the attached two sheet set of drawings by the Town of Southold Engineering Department, sheet A-1 dated January 31,2011 and Sheet A-2 dated April 1, 2011. Both sheets stamped NYSDEC approved 5/17/11. Page 1 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02185 Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-02185/00005 New Permit Effective Date: 5/19/2011 Expiration Date: 3/31/2021 NYSDEC Approval By acceptance of~this Permit, the permittee agrees that the permit is contingent up~og strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator NYSDEC REGION t HEADQUARTERS SUNY @ STONY BROOKI50 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: Distribution List JAMES K PETERMAN Habitat - TW GEORGE W HAMMARTH Permit Components NATURAL ~CE PE~ CONDITIONS GENERAL CONDITIONS, APPLY TO Al,l~ AUTHORIT~D PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS I. Prohibition Period for Endangered/Threatened Species With the exception of the year 2011, no activities authorized by this pen-mt may occur between the dates April 1 and August 31, inclusive, of any calendar year. Page 2 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02185 2. 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. 3. Remove All Debris From Site All debris, broken asphalt and other material removed from the beach as part of this project shall be taken to a permitted solid waste management facility for disposal. 4. Clean, Beach Compatible Sand Only All sand used for the project approved herein must be clean (no asphalt, slag, flyash, broken concrete or demolition debris), from an upland source, and of average grain size equal to or slightly larger than the existing beach sand. S. No Sand Placement Below ~glsarent High Water The seaward edge of sand placement shall not extend seaward of the line of apparent high water. 6. No Beach Excav~ion For Fill No excavation of the beach is authorized for the ~se of obtaining fill or.;g~one materials. 7. Equipment Fueling Any on-site refueling or fueling of equipment or vehicles used for ~ project approved herein must be conducted on the paved parking lot. There shall be no fueling of eqtuVg~nent on the beach. 8. Storage of Equipment Materials The storage of construction equipment, materials, and debris staging shall be confined to the parking lot. 9. Concrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed to escape into any wetlands or waters of New York State. nor shall washings from ready-mixed concrete trucks, mixers, or other devices be allowed to enter any wetland or waters. Only watertight or waterproof forms shall be used. Wet concrete shall not be poured to displace water within the forms. 10. Conformance With Plans All activities authorized by this permit must be instrict conformance with the approved plans submitted by the applicant or appY~cant's agent as/part of the permit application. Such approved plans were prepared by Town of Southold Engineering Department, two sheet set of drawings, sheet A-1 dated January 31,2011 and sheet A-2 dated April 1,2011. Both sheets stamped NYSDEC approved 5/17/11. 11. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or fight to compensation shall accrue from any such damage. 12. 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 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. Page 3 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738.02185 13. State May Order Removal or Alteration of Work ff 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 thc 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 thc State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by thc Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revoc~Oo~of.this permit, the stmct~c~ fill, excavation, or other modification of the watereourse hereby authorized shall not be comple~d, 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 l~c State of New York on account of any such removal or alteration. 14. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude c~ontamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, lcachate or any other environmentally deleterious materials associated with the project. 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 complying Wi.th this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The pennittee 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 ~1 refereed 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 Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Page 4 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02185 Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK[50 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. $. Permit Modifications, Suspensions,and,Revocafioils by ~h~e~artment The Department reserves the right to modify, suspend or revoke this permit. Theor~n~za~4~rgro6~r~,~or modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permat 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 pemfit; et 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 pernuts are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responslbffity ~d Agrees to indemnification The permi~ee, excepting Stateo~l~era~ 'a~t~s£~t~ll~~anfl~ h~ess the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to;the pennittee's acts or omissions in connection with the permittee's undertaking of activities ~n 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 rights provision under federal or state laws. Page 5 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-02185 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 cgmply 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 obtail~ng any other permits, appm~s~ lands, easements and rights-of- way that may be required to carry out the activities that are authorized t/y~i.s 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 inter~ere with the riparian rights of others in order to perform the permitted work nor does it authorize the in~pairment of any rights, ffrle, or interest in real or personal property held or vested in a person not a party~ the permit. Page 6 of 6 NOTICE OF COMMENCEMENT OF CONSTRUCTION 'RETURN THIS FORM TO:COMPLiANCE Or Fax to: 631-444-0297 Bureau of Habitat-TW 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER: EXPIRATION DATE: PERMIT;rEE NAME & PROJECT ADDRESS: CONTRACTOR NAME & ADDRESS: Dear"Sir: . TELEPHONE: Pui'suant to th~ special conditions of the referenced permit, yqu are hereby notified that the authorized activity shall commence on , We cedify that we have read the referbnced permit and approved plans and'fully understand the authorized project and all permit conditions. We have inspecled the projec~ site and can complete the project as describe(~ in th~ permit and as depldted onthe approved plans. We can do so in full compliance with all plan notes and permit conditions. The permit, permit sign, and approvfd plans 'Mil be available at the site for inspection in accordance with General Condition NO. 1. (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE MUST BE SEN~- TO THE ABOVE.ADDRESS A T-LEAST TWO DA Y$ PRIOR TO COMMENCEMENT OF TNE PROSEC, T' .AND/0R ANY ASSOCIA TED ACT/V/T/ES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE A T THE WORK SITE FOR THE DURA T/ON OF THE PROJECT MA Y $UBJECT THE PERMI I ~ ~-E AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES f;OR NON-COMPLIANCE WITH PERMIT CONDI~.ONS. -Cut along this line =,.< x ~ ~ ~ ~< ~ NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO,COMPLIANCE Or Fax to: 631-444-0297 Bureau of Habitat- TW 50 Cimle Road Stony Brook, NY 11790-3409 PERMIT NUMBER: PERMI'CI'EE NAME & PROJECT ADDRESS: EXPIRATION DATE: CONTRACTOR NAME & ADDRESS: TELEPHONE: Pursuant to special conditions of the. referenced permit, you are hereby notified that the authorized activity was completed on · We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures require~l) PERMITEE: DATE CONTRACTOR: DATE ~'tlS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DA YS OF COMPLETION OF THE PROJECT. 95-20-1 (11/03) ~9d New York State Department of Environmental Conservation NOTICE 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 to the permit number shown when contacting the DEC. Permit Number Expiration Date Regional Permit Administrator ROGE~ EVAi'~,~3 NOTE: This notice is NOT a permit . LONG ISLAND SOUND .... ' ~" "4' :"". :' '' ~; "" '' ' 1' '~ ..... COUNW ROU~ ~ NOTE: ~ISTING ASPHALT PARING LOT MAINTAINED BY SOUTHOLD TOWN D P W. ~ ~' ~ '~ ~ ~ TOWN BEACH SITE PLAN SCALE: t" := 100' r i f A-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.n¥..qov May 18,2011 Joe Martens Commissioner Town of Southold P.O..Box 1179 Southold, NY 11971 Re: Permit No.: 1-4738-00284/00027 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 GWH/Is JUN-3 2011 70~1/N OF ~OUTHOLD 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 (631) 765-1283 Facility: ~$M1TH'S INLET/KENNEY'S BEACH LI SOUND/GO~ INLET/KENNEY'S RD · SOUTHOLD, NY 11971 Facility Ap~?ffcation Contact: JAMES C RICMAHON SOUTHOLD TOWN HAIJ. PO BOX 1179 SOUT~OLD, NY 11971 (631) 765-1892 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Southold Facility Principal Reference Point: NYTM-E: 713.927 NYTM-N: 4549.836 L~tttua*e: ~41~'~0~1~-8~0'' ~. ~1~5 Project Location: Kenny's Town Beach - Watercourse - Long Island Sound Authorized Activity: Restore a public bathing beach damaged by winter storms. Work includes: - Removal of accumulated debris. - Regrading of an approximately 60Olinear foot section of beach from the line of apparent low water landward to pull a low berm of sand landward and re-establish a beach profile which slopes gradually down from the parking lot. The maximum grade change in the "cut" area will be about four feet. Work shall be as ShOwn on the attached sheet K'I and K-2 drawings bY the s~0i~ T0~n EnginEering Department dated ~pril 1, 2011 and stamped "N¥SDEC ~-pp~oved~/~l~/~t~?. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-00284/00027 New Permit Effective Date: 5/18/2011 Expiration Date: 3/31/2021 Water Quality Certification - Under Section 401-~Clean Water Act Permit ID 1-4738-00284/00028 New Permit Effective Date: 5/18/2011 Expiration Date: 3/31/2021 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-00284/00029 New Permit Effective Date: ~/18/2011 Expiration Date: 3/31/2021 Page 1 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility 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, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator Address: ~/~ NYSDEC REGION 1 HE~Q~IARTERS swy ~ ST~00~I~0 C~ STONY BROOK, NY 11790-3409 Authorized Signature: ~~J/~ ~ Date ,~///7/ /// JAMES C MCMAHON Habitat~- TW GEOI~GE W HAMMARTH Distribution List Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO Al .1. AUTHORIT~.D PERIVffI'S NorI1F!CATION OF OTHER PERIVIITTEE OBLIGATIONS EXCAVATION & FILL IN NAVIGABLE WATERS 1. Prohibition Period for Endangered/Threatened Species With the exception of the Year 2011, no activities authorized by this permit may occur between the dates April 1 and August 3~, inclusive, of any calendar year. 2. 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. Page 2 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Faciflty DEC ID 1-4738-00284 3. Work Below Apparent High Water During Low Tide Only Beach grading activities seaward of the line of apparent high water may be conducted only during periods of low tide. There shall be no equipment operation in the water. All sand shall be pulled landward of apparent high water. 4. No Equipment Operation Below Apparent Low Water Excavators, graders, bulldozers, tracks and other mechanical equipment shall not be operated seaward of the line of apparent low water. s. No Excavation or Grading Below Apparent Low Water No excavation, grading or other disturbance to the existing topogragh~ seaward of the line of apparent'l~w water. ~;. All Activities Must Be Consistent With Approved Plans All debris rem0va[and beach grade alteration activities must be consistent with the approved plans. Activities or alterat~a beyond the scope of the apProVed project and/or not explicitly authorized by the permit will requir6~he further written approval of thc Department prior to commencement. 7. Remo~e All D~bris From Site All debris and other material removed from the beach as P~ of this project sl~all be taken to a permitted solid waste management facility for disposal. ~ 8. Storage of Equipment, Materials The storage of mechanical equipment, vehicles and debris. stagir~g shall be confined to the parking lot. 9. ~uipment Fueling Any on-s!te refueling or fueling of equipment and vehicles used for the !i. approved.project must b~ conducted on th~ g0.v~e~! garkj..'~g lot There sh~] ~.~ n9 fueling of equipment On the beach. : ~ ' "* '~' 10. No Disturbance to Vegetated Tid~/l~etlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 11. Conformance With Plans 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 applicat/0n. Such approved plans were prepared by the Southold Town Engineering Department dated April 1, 2ill 1. 12. No Interference With Navigation There shall be no unreasonable interference with naviga~n by the work herein authOrized~ 13. State l~t Liable for Damage The State of New York shall in no case be liable for any~age or injury to the shmcture or work heroin authorized which may b~ caused by or result from fu[m'e 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. 14. 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 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. Page 3 Of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00284 15. 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 thc 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 ,pe~t, the s~cmre, fill, excavation, or other modification of the watexcourse her~by~at/~fiz~d Shall not l~oml~, the owners, shall, without expense to thc State, and to such~xtent and in such time and manner ~h~e~-Department of Environmental Conservation may require, remove all or any portion of thc uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercoume. No claim shall be made against the State of New York on account of any such removal or alteration. 16. Precautions Against Contamination of Waters All necessar~ precautions shall be taken to preclude c?ntamination of any wetland or waterway by suspended solids, sediments, fuels, so~ts, lubrican ,tg~epoxy coatings, paints, concrete, leachate or any other environmentally deleterious ~terials associate~l with the project. - WATER QUALITY CERTIFICATION SPECIFIC_CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject project wffi not contravene e~]~efit hnufa~tions or o~her h~talions or stanflari~ tlft~e~ Sections 301,302, 303,306 and $07 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 D l!~ The 'tted sit £ ' ' i ' gP ~g~ ~ Qr ~!g~, ,~cll~n~g re!ey~t re~0rds, is subject to inspection at reasonable hours and intervals by ~ au~ofized representative of ~e Dep~ent of Enviro~ent~ Conse~an~n (~~~~:~ ~~ ~ng w~.,;*~ · ~s pe~t ~d the ECL. Such representative may order ~e work sus~nded p~suant to ECL 71- 0301 ~d 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 ~1 ~referenced maps, drawings and Spe~i~al conditions, must be available for inspection by the Department at alI ~timeS at the project site or faCility Failure to produce a copy of the permit upon request by a Department representative is a viglation 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. Page 4 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00284 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 Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 I4EADQUARTERS SUNY @ STONY BROOK[50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before pemltt expiration for the following permit authorizations: Excavation & Fill in Navigable Waters, TidY'Wetlands, Water Quality Certification. 5. PermitModifications, Suspensions and Revocations by the Department The Department reserves.the right to modify, suspend or revoke this permit. The grounds for modification, suspe~ion or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environraental conditions, relevant technology or applicable law or regulations since the,issuance of the~exisfing permit; noncompliance with previously issued permit conditions, orders of the corramssioner, any provisions of the Environmental Conservation Law or regulations of the Department relatedto the permitted activity. 6. Permit Transfer permits are transferrable unless specifiCallY Prohibited by Si~te, regUlation or another permit c~di~ion. Applicafi OhS for pennit.~tm~sfer: should be,s~bl~t~d3nqor ~o aetu~,d ~tmnsfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal R~ponsibility and Agrees to Indemnification The permittee, excepting state or feder~ agencies, expressly agree~ t° indemnify and hold harmless the Department of E~vironmental 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 perrait whether in compliance or not in compliance with the terms and conditions of the permit. Page 5 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00284 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 [espect 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 forO~ing Other ReqmYed4~r~ni'ks The perr~ttee is responsible for 0btaining any other permits, approvaJs~]~!~, easements and rights-of- way that may be required to carry out the activities that arc authorized by this p~t. Item D: No Rig!~,~t~to Trespass or Interfere with Riparian Rights ~, This permit d~o~ 'not convey to the permittee any right to trespass upon the lands or inte~ with the riparian righ~'of others in order to perform the permitted Work nor does it authorize the iml~rment of any rights~ title, or interest in real or personal property held or vested in a person not a party to~he permit. Page 6 of 6 NOT CE OF COMMENCEMENT OF CONST~UcTION RETURN THIS FORM TO:COMPLiANCE Or Fax ID: 631-444-0297 Bureau ol' Habitat-TW 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER: EXPIRATION DATE~ PERMI'FYEE NAME & PROJECT ADDRESS: CONTRACTOR NAME & ADDRESS: Dear'Sir: TELEPHONE: Pursuant to the special conditions of the referenced permit, yqu are hereby notified that the authorized activity shall commence on · We cedify that we have read the referehced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can ~omplete the project as described in ihe permit and as depicted on.the approved plans, We can do so in full compliance with all plan' notes and permit conditions. The permit, permit sign, and approved plans will be available at the site for inspection in accordance with General Condition No. 1. (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE MUST BE SEN')' TO THE ABOVE.ADDRESS AT'LEAST TWO DA YS PRIOR TO COMMENCEMENT OF THE PROJECT .AND/OR ANY ASSOCIA TED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HA YE THE PERMIT AND APPROVED PLANS AVAILABLE A T THE WORK SITE FOR THE DURA TION OF THE PROJEC T MA Y SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENAL TIES .~OR NON-COMPLIANCE W/TH PERMIT CONDITIONS. · Cut alon~l this line ~ ~ ~ :,< =,< ~ ~ NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 Bureau of Habitat- TVV 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER: PERMIT]'EE NAME & PROJECT ADDRESS: EXPIRATION DATE: CONTRAcToR NAME & ADDRESS: TELEPHONE: Pursuant to special conditions of the referenced perm t you are hereby notified that the authorized activity was completed on ,, . We have fully complied with the le['ms and conditions of the permit and approved plans. (Both signatures require;d) PERMITEE: DATE CONTRACTOR: DATE rills NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE ~ENT TO THE ABOVE ADDRESS WITHIN 30 DA YS OF COMPLETION. OF THE PROJECT, 95-20-1 (11/03)-9d New York State Department of Environmental Conservation NOTICE 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 to the permit number shown when contacting the DEC. Permit Number Expiration Date .Regional Permit Administrator g!~lJ ~.0~. I ROGEN EVANS NOTE: This notice is NOT a permit Itl Z Z j~ .1- pl New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY I~ Stony BroOk, 50 Circle.Road, Stony Brook, NY 11790-3409 Phone: (631)444-0371 Fax: (631)444-0360 Website: www.dec.ny.,qov May18,2011 Joe Martens Commissioner Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Permit No.: 1-4738-04038/00001 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 GWH/Is JUN - 3 2011 NEW YORK STATE DEPARTMENT OF F~NVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04038 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD, NY 11971 (631) 765-1283 Facility: MCCABES TOWN BEACH 2400 N SEA DR @ ~ORTONS LNISCTM 1000- 54-4-26.1 SOUTHOLD, NY 11971 Facility Appiqcafion Contact: JAMES RICHTER TOWN OF SOUTHOLD PO BOX 1179 SOUT~OLD, NY 11971 (631) 765-1560 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Southold Facility Principal Reference Point: NYTM-E: 714.117 NYTM-N: 4550.543 ~a~. ~ ~fftt~. ~.2" Project Location: Mc Cab~s T~wn Beach - Watercourse - Long Island Sound Authorized ACtivity: Restore a public bathing beach damaged by winter storms. Work includes: - Removal of accumulated debris. - Regrading of an approximately 320 linear foot section of beach from the line of apparent low water landward to pull a low berm of sand landward and re-establish a beach profile which slopes gradu~ty down from the parking lot. The maximum grade change in the "cut" area will be about four feet. Work shall be as shown on the attached sheet M-land M-2 drawifigs by the s0Uth0id ToWn Engln~ering Department dated April 1,201 ! and stamped "NYS~EC Approved 5/~17~I ~', Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-04038/00001 New Permit Effective Date: 5/18/2011 Expiration Date: 3/31/2021 Water Quality Certification - Under SectiOn ~401 -Clean Water Act Permit ID 1-4738-04038/00002 New Permit Effective Date: 5/18/2011 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-04038/00003 New Permit Effective Date: 5/18/2011 Expiration Date: 3/31/2021 Expiration Date: 3/31/2021 Page 1 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04038 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator Address: NYSDEC REGION I HE.QUOTERS  / SUNY @ STOI~Y~B~OO~]50 C~CLE~RtD STONY BROOK, ~ 11790 -3409 Au~ofized Si~ature: ~~ Date Distribution List ii! JAMES RICHTER Habitat- TW GEORGE W HAMMARTH Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO Al J. AUTHORIT~.D PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS EXCAVATION & FILL IN NAVIGABLE WATERS 1. Prohibition Period for Endangered/Threatened Species With the exception of the year 2011, no activities authorized by this permit may occur between the dates April 1 and August 3i, inclusive, of any calendar year. 2. 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. Page 2 of 6 · NEW YORK STATE DEPARTMENT OF ENVIRONME3/TAL CONSERVATION Facility DEC ID 1-4738-04038 3. Work Below Apparent High Water During Low Tide Only Beach grading activities seaward of the line of apparent high water may be conducted only during periods of low tide. There shall be no equipment operation in the water. All sand shall be pulled landward of apparent high water. 4. No Equipment Operation Below Apparent Low Water Excavators, graders, bulldozers, trucks and other mechanical equipment shall not be operated seaward of the line of apparent low water. s. No Excavation or Grading Below Apparent Low Water No excavation, grading or other disturbance to the existing topography seaward of the line of apparent*low water. 6. All Activities Must Be Consistent With Approved Plans All debris removal and beach grade alteration activities ~must be consistent with the approved plans. Activities or alteration.., beyond the scope of tl3e approved project and/or not explicitly authorized by the permit will require'~he further written approVal of the Department prior to commencement. 7. Remove All Debris From Site All debris and other material removed from the beach as pa~t of this project shall be taken to a permitted solid waste management facility for disposal. 8. Storage of Equipment, Materials The storage of mechanical equipment, vehicles and debris staging shall be confined to the parking lot. 9. ~quipment Fueling Any on-site refueling or fueling of equipment and vehicles used for the approved project must be conducted on the paved parking lot. There shall be no fueling of eq~pm~nt'on the beach. 10. No Disturbance to Vegetated Tidal~Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted actiwties. 11. Conformance With Plans 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 the Southold Town Engineering Department dated April 1,2011. 12. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 13. State Not Liable for Damage The State of New York shall in no case be liable for any,~amage or injury to the slxucture or work herein authorized which may be caused by or result from futm'e operations undertaken by tbe State for the conservation or improvement of navigation, or for other ptirposes and no claim or right to compensation shall accrue from any such damage. 14. 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 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. Page 3 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04038 15. 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 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 hem~l~va~orized shall not be eOml~. ~,ted, the owners, shall, without expense to the State, and to such ek~ent and in such time and manner ~:ih'~ ~epartment:J of Environmental Conservation may require, remove all or any portion of the unaovgpleted structure or fill and restore to its former condition the navigable and flood capacity of the watercoUme. No claim shall be made against the State of New York on account of any such removal or alteration. 16. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or watenvay by suspended solids, sediments, fuels, so'~ents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious ri~terials associated with the project. 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 ofher lin~dtaff6ris or standal~ffs~ ritiffer 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 inc~l~rlg releva~ [~rds is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Envimn~a~efft~at~Colisei~al~'6tf ~ti~TM ~'~'B_~ng with this permit and the ECL. Such representative may order the work suspended pursuant to ECI~ 71- 0301 and SAPA 401~(3). The permittee shall provide a person to accompany the Department's representative during an ~nspection 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. Page 4 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION n~ Facility DEC ID 1-4738-04038 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 Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION ~I-~ADQUARTERS SUNY @ STONer BROOKI50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal ApplicatiOn The permittee must submit a renewal application at least 30 days before pe~t expiration for the following permit authorizations: Excavation & Fill in Navigable Waters, Tidal Wetlands, Water Quality Certification. 5. Permi~Modifications, Suspensions and Revocations by the Department The Departm6i~ reserves~he right to modify, suspend or revoke this permit. The grounds for modification, sus~ion or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental cOnditions, relevant technology or applicable law or regulations since: the issuance 0fthe existing permit; noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmenta! Conservation Law or regulations of the Department relate&tO the permitted activity. ~;. Permit Transfer permits are lran&fekabie UnleSS g~Cific'ali? pr6fiiblt~8 by ~iatUte, regulation or another pemqit conditJ~ APPfi~ati~s~for:gm~i~,~ ~a~'l~fffr~sho~t~be~ted~to~aetua~la, ansfer of ownershiP. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts LegatResponsibility and Agrees to Iademnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's 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. Page 5 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04038 This indemnification does not extend to any claims, suits, actions, or damages to the extent attxibutable 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 rights 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 othe~ Required~R~ 'ts The permlttee is responsible for 0tStmmng any other pernmts, approva~-~at~ easements and fights,of- way that may be required to carry out the activities that are authorized by this i~mait. Item D: No Right:to Trespass or Interfere with Riparian Rights Thru perrmt do~s not convey to the perrmttee any right to trespass upon the lands or interf,~ with the riparian righ~'Of others in order to perform the permitted Work nor does it authorize the im~rment of any rights, title, or interest in real or personal property held or vested in a perSon not a party to~he permit.. Page 6 of 6 NOTICE OF COMMENCEMENT OF CONSTI~UcTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 Bureau.of Habitat-TW · 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER: PERMITTEE NAME & PROJECT ADDRESS: EXPIRATION DATE: CONTRACTOR NAME & ADDRESS: TELEPHONE: Dear'~ir: ~ ~ Pursuant to th(~ special conditions of the referenced permit yqu are hereby notified that the authorized activity shall commence on · We certify that we have read the referehced perm t and approved P aris and'fully understand the authorized project and all permit conditions. We have inspected the project ste and can complete the project as described in th~ permit and as depl~ted onlhe approved plans. We can do so in full compliance with all plan notes and permit conditions. The permit, permit sign, and approved plans will be available at the site for inspection in accordance with General Condition NO. 1. (Both signatures required) . PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS A T-LEAST TWO DA YS PRIOR TO COMMENCEMENT OF TNE PROJECT .AND/0R ANY ASSOCIA TED ACT/V/T/ES. FAII~URE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS A VA/LAB£E A T THE WORK SITE FOR THE DURA T/ON OF THE PROJEC T MA Y SUBJECT THE PERMIT"tEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENAL TIEs/;OR NON-COMPLIANCE WITH PERMIT CONDITfONS. · ~ie line ~ =,..,= ~ ~ ~ ' NOTI~ ~< ~ RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 Bureau of Habitat- TW 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER: PERMIT]'EE NAME & PROJECT ADDRESS: EXPIRATION DATE: CONTRACTOR NAME & ADDRESS: TELEPHONE: ~ursuant to special conditions ct' tt~e referenced permit you are hereby notified that the authorized activity was compleled on ., . We have futly complied with the tee'ms and condit ons of the permit and approved plans. (Both signatures require'd) PERMITEE: DATE CONTRACTOR: · DATE HIS NO~CE, W/THPHOTOGRAPHS OFT HE COMPLETED WORKAND/ORA COMPLETED SURVE% ASAPPROPR/ATE, MUSTBE :ENT TO THEABOVEADDRE$SWITHIN3ODAY$OF COMPLE~ON OF THE PROJECT, New York State Department of Environmental Conservation NOTICE 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 to the permit number shown when contacting the DEC. Permit Number Expiration Date Regional Permit Administrator ROGEF~ EVANS NOTE: This notice is NOT a permit r~On Zlm rn }1o~ / / / 0 Z M c P- A B E ~ B E A P. H C~ I=r'TlO N D E:TAi Lc= RE N N E Y S B E AP- OPOSED EXCAVATION & GRADING - BEACH M-2