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HomeMy WebLinkAboutGoldsmith Inlet - Dredging workRESOLUTION 2011-848 ADOPTED DOC ID: 7408 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-848 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 20, 2011: 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 & G ravel~ in connection with the 2012 dredging of Goldsmith Inlet, in an amount not to exceed $50,000, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell RESOLUTION 2011-847 ADOPTED DOC ID: 7406 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-847 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 20, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes Chesterfields Associates, Inc. and Latham Sand and Gravel to perform maintenance dredging work at Goldsmith Inlet, all rates set forth in the competitively awarded Suffolk County Rate Schedule for Construction Equipment Services, in connection with the dredging work, scheduled begin January 2012, at a cost not to exceed a total of $50,000, all in accordance with the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell ORIGINAL AGREEMENT THIS AGREEMENT, entered into this 3rd day of January, 2012, 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 Chesterfield Associates, Inc.(the "Contractor"), with an address of P.O. Box 1229, Westhampton Beach, New York, 11978; WITNESSETH, that the Town and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR The Contractor shall perform the following: Mechanical maintenance dredging, approximately 700 linear feet seaward of the existing channel of Goldsmith's Inlet. A mechanical excavator, tow off road dump trucks will be used on site for an approximately five (5) day period (eight (8) hours per day) at the following rates: 1. Excavator with 1 ½ cubic yard bucket - $1,417.50 per day or $177.20 per hour 2. 2 Each - off road dump trucks - $2,614.50 per track per day or $326.82 per truck per hour The above equipment will be utilized to deepen an approximately 40 foot wide channel to a maximum depth of -4 MLW. The resulting dredged material (maximum of 13,000 cubic yards) will be transported in oft'- road dump trucks to the Long Island Sound beach down-drift (east) of the inlet where the material will be placed as beach nourishment. The above mentioned shall be performed in accordance with attached plans entitled "Maintenance Dredging at "Goldsmith Inlet'"', drawn by James A. Richter, Registered Architect, dated October 19, 2007, and last amended on January 1, 2008, as approved by the New York State Department of Environmental Conservation dated, a copy of which is attached hereto and made a part hereof. ARTICLE 2. TIME OF COMPLETION The services to be rendered under this Contract shall be completed no later than January 15, 2012. Time of performance is of the essence of this Agreement. ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice, as provided in Article 15, herein that the Contract has been fully performed and an inspection by the Town Engineer to certify that the work has been completed to the satisfaction of the Town, the Contractor shall file with the Town Comptroller an itemized voucher and the Town will pay the Contractor $36,000.00. ARTICLE 4. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this Contract until it has met all insurance requirments under this paragraph and such insurance has been approved by the Town. 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 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: (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 occurrences. (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 from the time of such accident. A detailed written report must be submitted to the Town as soon thereafter as possible and not later than three (3) days after the date of such accident. ARTICLE 5. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That it is financially solvent and that it is experienced in and competent to perform the type of work or to furnish mechanical maintenance dredging to be furnished by it; (b) That it is familiar with all federal, state, municipal and department laws, ordinances and regulations which may in any way affect the work or those employed therein; and (c) To perform all work set forth in the attached plans. ARTICLE 6. PERMITS AND REGULATIONS The Contractor shall comply with all permits issued to the Town in connection with the services furnished under this Agreement. ARTICLE 7. TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT The Town shall have the right to stop work or terminate the Contract iff (a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; or (b) A receiver or liquidator is appointed for the Contractor or for any of its property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within the said 20 days; or (c) The Contractor refuses or fails to prosecute the work or any part thereof with due diligence; or (d) The Contractor fails to make prompt payment to persons supplying labor for the work; or (e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or (f) The Contractor is guilty of a substantial violation of any provision of this Contract; 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 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, 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, achve or passive, of the Contractor and from 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 1 I. REQUIRED PROVISIONS OF LAW Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to have been inserted herein. If any such provision is not inserted, through mistake or otherwise, then upon the application of either party, this Contract shall be physically amended forthwith to make such insertion. In particular, the Contractor shall, among other things, fully comply with: (a) Labor Law section 220-e and Executive Law sections 291-299 and the Civil Rights Law relating to prohibition against discrimination and providing equal opportunity. (b) Affirmative action as required by the Labor Law. (c) Prevention of dust hazard required by Labor Law section 222-a. (d) Preference in employment of persons required by Labor Law section 222. (e) Eight-hour workday as required by Labor Law section 220(2). ARTICLE 12. PREVAILING WAGE RATES REQUIRED BY LAW (a) The parties hereto, in accordance with the provisions of section 220(3) of the Labor Law, hereby agree that there shall be paid each employee engaged in work under this Contract not less than the wage rate and supplements set opposite the trade or occupation in which he/she is engaged, as listed on Exhibit A attached hereto and made a part of this Agreement, which are the wage rates and supplements established as the prevailing rate of wages for the work covered by this Contract. (b) Labor classifications not appearing on the schedule of wages can be used only with the consent of the Owner and then the rate to be paid will be given by the Owner after being advised by the Department of Labor. (c) The Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements, as specified in the Contract, for the various classes of mechanics, workingmen/women, or laborers employed on the work. ARTICLE 13. ARBITRATION Should any dispute arise between the Town and the Contractor regarding the manner or sufficiency of the performance of the work, the disputed matter shall be settled by arbitration in accordance with the laws of the State of New York. There shall be three arbitrators, one of whom shall be selected by each of the parties hereto, and the third by the two arbitrators so selected. If the selection of any arbitrator is not made within fifteen (15) days of the time that either party has notified the other of the name of the arbitrator it has selected, then the arbitrator or arbitrators not selected shall be appointed in the manner provided by the laws of the State of New York. The work shall not be interrupted or delayed pending such decision. ARTICLE 14. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Southold, at a meeting thereof held on December 15, 2009. Scott A. Russell, Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an Agreement on behalf of the Town. This instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk, Elizabeth Neville. ARTICLE 15. NOTICES Any and all notices and paymcnts required hereunder shall bc addrcsscd as follows, or to such other address as may hereafter be designated in writing by either party hereto: To Contractor: To Town: Chesterfield Associates, Inc. James A. Richter, Office of the Engineer P.O. Box 1229 54375 Main Road, P.O. Box 1179 Westhampton Beach, NY 11978 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 any other breach unless the waiver shall include the same. ARTICLE 17. MODIFICATION This Agreement constitutes the complete understanding of the parties. No modification of any prov~slons thereof shall be valid unless in writing and signed by both parties. ARTICLE 18. APPLICABLE LAW This Agreement is governed by the laws of the State of New York. IN WITNESS WHEREOF, the Town of Southold has caused its corporate seal to be affixed hereto and these presents to be signed by Scott A. Russell, its Supervisor, duly authorized to do so, and to be attested to by Elizabeth A. Neville, Town Clerk, and the Contractor has caused its corporate seal to be affixed hereto and these presents to be signed by its President, the day and year first above ~vritten. Vice (Seal of the Town of Southold) By: Attest: By: Elizabed~A. Neville, Town Clerk STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: By: Scott ~. Russell, Supervisor Che~erfieJd/s~i~e/~c. Seth Alla~ Vice On this January ,.~t) ,2011~ before me, the subscriber, personally appeared Scott A. Russell who, being by me duly sworn, deposes and says: 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 Instrument is the seal of the Town; that said Scott A. Russell is the Supervisor of the Town and that the signature on said instrument is the signature of said Scott A. Russell, as Supervisor. N[tary Public LINDA J COOPEn NOTARY pUBLIC, State of New York STATE OF NEW YORK: ~,~ n1C04322563, Suffo,k COUNTY OF SUFFOLK: ss.: Term Expl'es De.ember 3~, 2012 On the 3rd Day of January in the year ~Tl~before me, the undersigned, a notary public in and for said state, personally appeared Set:h Allan , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrumctu. Notary Public ~o~ r ,. tie, Sla~ of Ne~Yodl ,~ 01DI6077055 ' :,,,~i~il~ in Suffolk County . ,,~=,~,aon Ex~i~ Ju~/1,'~ ~_ka~ Town of Southold k k ..... ! ¢~¢ / ...... Office of the Engineer ~ -.e . ~ ' GENERAL NOTES J ~~~¢~ ¢,'~ ,¢ .¢- ."o ~¢7-;ZcZ~&- , , ~' STONE REVETMENT ~ ~'. . .~ / ~ ~/ ~ _// STONE REVETMENT BY WEIGHT ',. ~-, / . .¢ ~ ,?., ~ ,.~ SOUND ~& ~ ~T / ~ .~/. ~ ~ ~ ~ ~%~ %~~~; ~%~.~ BENCH MARK %~~57'- % / ....... LOCATION ~AP" / ,' ~ % / ..,. ~-,.,, .,.' · INLET ~~¢~}$~.." * '~ ' -- qv~ '~ ',. TYPICAL ROCK SECTIONNoT fO SC'L[ ~, ~ ~ ROCK REVETMENT AT ~vi,lon Date: xx "GOLDSMITH INLET" Town of Southold Office of the Engineer GENERAL NOTES ~G~ND TYPICAL PROJECT CROSS SECTION SC~ = N T S PROJECT COST ESTIMATES PROJECT DESCRIPTION [ 1 APPARENT MEAN HIGH WATER MARK. A~ DREDGED MATERIAL New York State Department of Environmental Conservation Divisibn of Environmental Permits, Region One SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, NY 117.q0 - R40.9 Phone: (631} 444~)371 FAX: (631) 444-0360 Website: www.dec.state.ny.us 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 GWH/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: OOLDSMITH'S INLET/KENNY'S BEACH LI SOUND/GOLDSMITH INLET/KENNY'S ROAD SOUTHOLD, NY 11971 FaeRity Apg/~ation Contact: JAMES C I~CMAHON SOUTHOLD TOWN HALL PO BOX 1179 SOUT/~OLD, NY 11971 (631) 765-1892 FacRity 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 dura. p trucks to the Long Island Sound beach downdrifi (east) of the inlet wh~re the material will be placedas beach nourishment. The Work shall be as shown on the attached NYSOEC approved plans. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-00284/00023 New Permit Effective Date: 12 1__2/2.!/2.0_Q2 Expiration Date: !/14/201;2 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-00284/00024 New Permit Effective Date: ~ Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-00284/00025 New Permit Effective Date: ~2/21/2007 Expiration Date: 1/14/2012 Expiration Date: 1/14/2012 Page 1 of 6 NEW yORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Fa.cility DEC ED t-4738-00284 NYSDEC Approval Address: Authorized Signature: By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, al/applicable regulations, and ali conditions included as part of this permit. permit Administrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS S~ ~ STONY BROOK[50 CIRCLE RD STONY BROOK, NY 11790 -3409 Distribution List JAMI~ C MCMAHON Marit:m 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 PBRMrrTEE OBLIGATIONS NAT~ RESOURCE PERMIT CONDITIONS - Apply to the FollOwing Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; E~CAVATION & FILL IN NAVIGABLE WATE ,~.1~ 1. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 2. Approved Plans Aonroved__ Plans: Three sheets by the Town of Southold, Office of the Engineer 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. Page 2 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION F~cilily 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/threatened shorebirds. 4. No Side-casting or Temporary Storage Excavated sediment shall be placed directly into the approved disposal/dewatering site or conveyance vehicle. No side-casting (double dipping) or temporary storage of dredged material is authoti~. 5. 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 corr~sition of the dredged material changes and becomes unsuitable for beach placement, drodging operations shall coase immediately and thc 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. Dowad~fft-Be-aah NourislamentA~,ea Allmatafial placed on tho. downdrit?/be~ac.,h notmshment area must be deposited and spread landward of the line of apparent high water. 9. Vegetated Dune Area There shall be f~ disturbance to vegetated dune areas. 10. Dredging Once Per Year Dredging shall be undertakon 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, NYI 1790 -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 thc disposal site (including an updated site plan). Upon completion, a Notice &Completion shall bo submitted to the address indicated on that notice form, including the amount of matoriat dradgod and deposited at the approved disposal site. 13. Storage of Equipment, Materials The storage ofenns~uetion 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 Fa. cility 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 up/and area for disposal. No debr/s is permitted in wetlands and/or protected buffer areas. 15. Notice of Commencement At least 48 hours pr/or to commencement of the project, the pem~ittee 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 mu~t a'l~o b'e signed and returned, along with photographs of the completed work. 16. State Not Liable fey Damage The State of New York shall in no case be li~te 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. 17. Conformance With Plans All activities authorized by this permit must be in strict confor*mance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Town of Southold, Office of Engineer. Three sheets stamped NYSDEC Approved 12/20/07. Sheets 1 of 3 and 3 of 3 dated 10/19/07. Sheet 2 of 3 dated 10/30/07. 18. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Depm, h~mt of Envi~ommexttal Conservation it shall *auso urtrgasonablg-obstmction to thc ~i'~ navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruct/on of the natural res~ of the State, the owner may be ordered by the Dgpar~ent to remove or alter the structural work, obstructions, or hazards caused thereby without ~pense 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 exp~nse to the State, and to such extent and in such time and manner as the Depa,tment 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 Cont~mlnation of Wators All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious 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 Depm hnent of Environmental Conservation may require, remove all or any portion ofth~ 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 Facility 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 COINDITIONS - 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 Environmontal Conservation (the Department) to determine whether the permittee is complying with this permit a~nd the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The petanittee 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 Department must be in writing. Submission of applications for penfilt renewal, modi~tion or transfor are to be ~aitn2~l to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NYI 1790 -3409 4. Submission of Renewal Applllcafion The permittee must submit a mlwwal application at least 30 days before permit expiration £or 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 Fa, cility 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; noncompliance with previously issued permit conditiot~s~ orders of the commissioner, any provisions of the Environmental Conservation Law or regulatiot~s of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit oondition. Applications for permit transfer should be submitted prior to am'ual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibil/ty and Agrees to Indemnification The gcrmittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Depm hnent 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 COmiection With*the permitf~eYs tmd'ed~ihg 0f activities in connection with, or operation mad mairrtenan~ of, the facility or facilities authorized by the permit whether ia compliance or not in compliance with ilae tea-ms and conditions of the permit. This indomnification 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. 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 permittec's agent with respect to the pemfitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the pet ,nittee. Item C: Permittoe Responsible for Obtaining Other Required Permits The permittee is res~nsible for obtaining any other permits, approvals,/ands, easements and rights-of- way that may be required to carry out the activities that are authorized by this pon-r{it. 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 of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 6 of 6 · ORIGINAL AGREEMENT THIS AGREEMENT, entered into this 3rd day of January, 2012, 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: Mechanical maintenance dredging, approximately 700 linear feet seaward of the existing channel of Goldsmith's Inlet. A crawler front-end loader will be used on site for an approximately six (6) day period (eight (8) hours per day) at the following rates: l. Crawler front-end loader with 2 cubic yard bucket - $1,230.00 per day or $153,75 per hour The above equipment will be utilized to assist the dredging equipment as supplied by others to deepen an approximately 40 foot wide channel to a maximum depth of-4 MLW. The resulting dredged material (maximum of 13,000 cubic yards) will be transported in off-road dump trucks to the Long Island Sound beach down-drift (east) of the inlet where the Crawler-loader will be used to maintain a haul road and grade the material to 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 Amhitect, dated October 19, 2007, and last amended on January 1, 2008, as approved by the New York State Department of Environmental Conservation dated, a copy of which is attached hereto and made a part hereof. ARTICLE 2. TIME OF COMPLETION The services to be rendered under this Contract shall be completed no later than January 15, 2012. Time of performance is of the essence of this Agreement. ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice, as provided in Article 15, herein that the Contract has been fully performed and an inspection by the Town Engineer to certify that the work has been completed to the satisfaction of the Town, the Contractor shall file with the Town Comptroller an itemized voucher and the Town will pay the Contractor a total amount not to exceed $11,000.00. ARTICLE 4. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this Contract until it has met all insurance requirments under this paragraph and such insurance has been approved by the Town. 1. 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. 2. 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: (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 (3) Commercial auto liability insurance; amount not less than $500,000 for damage on account of all The Contractor shall furnish the above insurances to the Town and shall also name the Town as an additional named insured in said policies. (c) Any accident shall be reported to the office of the Town Clerk as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed written report must be submitted to the Town as soon thereafter as possible and not later than three (3) days after the date of such accident. ARTICLE 5. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That it is financially solvent and that it is experienced in and competent to perform the type of work or to furnish mechanical maintenance dredging to be furnished by it; (b) That it is familiar with all federal, state, municipal and department laws, ordinances and regulations which may in any way affect the work or those employed therein; and (c) To perform all work set forth in the attached plans. ARTICLE 6. PERMITS AND REGULATIONS The Contractor shall comply with all permits issued to the Town in connection with the services furnished under this Agreement. ARTICLE 7. TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT The Town shall have the right to stop work or terminate the Contract iff (a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; or (b) A receiver or liquidator is appointed for the Contractor or for any of its property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within the said 20 days; or (c) The Contractor refuses or fails to prosecute the work or any part thereof with due diligence; or (d) The Contractor fails to make prompt payment to persons supplying labor for the work; or (e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or (f) The Contractor is guilty ora 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 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, 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 son 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 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. (b) Affirmative action as required by the Labor Law. (c) Prevention of dust hazard required by Labor Law section 222-a. (d) Preference in employment of persons required by Labor Law section 222. (e) Eight-hour workday as required by Labor Law section 220(2). ARTICLE 12. PREVAILING WAGE RATES REQUIRED BY LAW (a) The parties hereto, in accordance with the provisions of section 220(3) of the Labor Law, hereby agree that there shall be paid each employee engaged in work under this Contract not less than the wage rate and supplements set opposite the trade or occupation in which he/she is engaged, as listed on Exhibit A attached hereto and made a part of this Agreement, which are the wage rates and supplements established as the prevailing rate of wages for the work covered by this Contract. (b) Labor classifications not appearing on the schedule of wages can be used only with the consent of the Owner and then the rate to be paid will be given by the Owner after being advised by the Department of Labor. (c) The Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements, as specified in the Contract, for the various classes of mechanics, workingmen/women, or laborers employed on the work. ARTICLE 13. ARBITRATION Should any dispute arise between the Town and the Contractor regarding the manner or sufficiency of the performance of the work, the disputed matter shall be settled by arbitration in accordance with the laws of the State of New York. There shall be three arbitrators, one of whom shall be selected by each of the parties hereto, and the third by the two arbitrators so selected. If the selection of any arbitrator is not made within fifteen (15) days of the time that either party has notified the other of the name of the arbitrator it has selected, then the arbitrator or arbitrators not selected shall be appointed in the manner provided by the laws of the State of New York. The work shall not be interrupted or delayed pending such decision. ARTICLE 14. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Southold, at a meeting thereof held on December 20, 2011. Scott A. Russell, Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an Agreement on behalf of the Town. This instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk, Elizabeth Neville. ARTICLE 15. NOTICES Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: To Contractor: To Town: Chesterfield Associates, Inc. James A. Richter, Office of the Engineer P.O. Box 1229 54375 Main Road, P.O. Box 1179 Westhampton Beach, NY 11978 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 any other breach unless the waiver shall include the same. ARTICLE 17. MODIFICATION This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. ARTICLE 18. APPLICABLE LAW This Agreement is governed by the laws of the State of New York. IN WITNESS W~I-IEREOF, 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) By: Attest: By: Elizabe~A. Neville, Town Clerk - - STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: By: Town of Southold S~tott A. ]~u[sell, Supervisor Latham Sand & Gravel, Inc. /~ohn Hocker On this ~ [ , ~ before me, the subscriber, personally appeared Scott A. Russell who, being by me duly sworn, deposes and says: 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 Instmmant; 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 Iustmment is the seal of the Town; that said Scott A. Russell is the Supervisor of the Town and that the signature on said instrument is the signature of said Scott A. Russell, as Supervisor. LYNDA M. I~HN- ~. L ..~ ~,~,..-- t '~,, NOTARY PUBLIC, State of N~w York ~ff' - (~, ~.^ l/ ~. No. 01BO6020932 ~ ~ ~v \ ~C~_- Qualified in Suffolk County Term Expires March 8, 20 ~ Notary Public STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: On the ~ Day of January in the year 201il before me, the undersigned, a notary public in and for said state, personally appeared ,"~D?) ~O('l',~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 iustmment 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-~io 01CA6198908State of New York ~. ~ otary Public ©~Jahf,eo ~n Suffolk County My Comm,ss~o,, Exr3~res January 5.2013 LONG ISLAND SOUND DRAWN BY: JAMES A. RICHTER CHECKED BY: ,/ / LAN DETAIL SCALE: 1" 150' i i / LOCATION MAP. GOLDSMITH INLET SOUNDINGS DATUM = M.LW. Town of Southold Office of the Engineer GENERAL NOTES VOLUME CALCULATION BENCH MARK LEGEND TABLE OF EARTHWORK ( APPROX. ) { TYPICAL CHANNEL SECTION MAINTENANCE DREDGING "GOLDSMITH INLET" AT M[AN LOW WATER DRAWN BY: JAMES A. RICHTER CHECKED BY: STA 48+00-W 105 R STA 51+00-W STA 48+02-W BL STA 52+00-W END SECTIONS 1" = 10' VERTICAL 1" = 80' HORIZONTAL STA 49+00-W STA 55+00-W STA 50+00-W PROJECT DESCRIPTION SOUNDINGS DATUM = MLW. Town of Southold Office of the Engineer GENERAL NOTES VOLUME CALCULATION LEGEND TABLE OF EARTHWORK ( APPROX. ) TYPICAL CHANNEL SECTION JAMES McMAHON - COMMISSIONER MAINTENANCE DREDGING AT "GOLDSMITH INLET" S LONG ISLAND SOUND PARTIAL SITE PLAN SCALE: 1" = 500' GENERAL NOTES: I DREDGING OPERA~ONS SHALL COMMENCE BY OPENING ~HE NEW INLET AREA AS SHO~ ON THE DRAWING . 2 ALL EQUIPMENT SHALL OPERATE FROM THE EASTERLY SiDE OF THE INLET AND ALL OPERA33ONS SHALL MAINTAIN A CON~NUOUS, NA~JRAL CHANNEL FLOW THAT IS TO REMAIN OPEN AT ALL ~MES. 3 ALL EQUIPMENT SHALL HAVE SITE ACCESS FROM THE DITHER PROPERTY LOCATED APPROXIMATELY 3,100 FEET EAST OF THE INLET. 4 DREDGING OPERA~ONS SHALL DISTRIBUTE ALL DREDGE SPOIL ON THE EASTERLY BEACH BEGINNING AT A POINT FI~E HUNDRED (500') FEET EAST OF THE INLET. 5 ALL DREDGE SPOIL SHALL BE PLACED ABOVE THE APPARENT MEAN HIGH WATER MARK AND BELOW THE VEGETATED DUNE AREA. 6 EXCAVATOR EQUIPMENT SHALL PLACE DREDGE SPOIL DIREC~.Y INTO OFF ROAD VEHICLES THAT W~LL TRANSPORT AND PLACE MATERIAL ALONG THE PROPOSED BEACH NOURISHMENT AREAS. 7 BULL DOZERS OR OTHER SUCH EQUIPMENT SHALL BE USED TO LEVEL ALL FILL MATERIAL PLACED IN THE BEACH NOURISHMENT AREAS. 8 ALL EQUIPMENT SHALL OPERATE BET'~EN THE APPARENT MEAN HIGH WATER AND THE VEGETATED DUNE. LONG ISLAND SOUND MAXIMUM FILL HEIGHT NOT TO EXCEED 60.0' +/- )NO FILL OR EQUIPMENT ALLOWED BELOW M.H.W. 60,0' +/- I VEGETATED DUNE AREA AVERAGE WIDTH OF BEACH NO FILL OR EQUIPMENT FILL PLACEMENT AREA ALLOWED THIS AREA TOP OF EXIS]]NG DUNE ._~ ':l VEGETATEDDU"EAREATO.. ....... ...... / LOCA~D ABO~ M.H.W. BEACH SECTION "A" 1" ! 5' VERTICAL 1" = 40' HORIZONTAL Town of Southold Office of the Engineer TABLE OF EARTHWORK ( APPROX. ) TYPICAL CHANI~IEL SI~CTIOI~I JAMES McMAHON - COMMISSIONER MAINTENAI~CE DREDGING AT 'GOLDSMITH INLET" 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 WebsRe: www. dec.state.ny, us Alexander B. (~rannis Commissioner December 2 I, 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 aW dj Enclosure cc: BMHP NEW YoRK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Fac~i~y 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: OOLDSMITH'S 1NLET/KENNY'S BEACH LI SOUND/GOLDSMITH INLET/KENNY'S ROAD SOUTHOLD, NY 11971 Facility Ap~ation Contact: JAMES C II~iCMAHON SOUTHOLD TOWN HALL PO BOX 1179 SOUTPiOLD, NY 11971 (631) 765-1892 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 714.3 NYTM-N: 4550.6 Lati[nate: 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 charmel to maximum depth -4 MLW. The resulting approximately 13,000 cubic yards of material will be transported in off-roM dmp. p tracks to the Long Island Sound beach downdrift (east) of the inlet wh*re the material will be placedas beach nourishment. The Work shall be as shown on the attached NYSDEC approved plans. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-00284/00023 New Permit Effective Date: ~ 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: 1/14/2012 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 P~miit ID 1-4738-00284/00025 New Permit Effective Date: J2/.21./20_0~ Expiration Date: 1/14/2012 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: ~v/j Authorized Signature: NYSDEC REGION 1 HEADQUARTERS S~ ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY 11790 -3409 Date Distribution List JAMES C MCMAHON Marit~ 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 PERMI'ITEE OBLIGATIONS NA~ RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATE .I~8 1. No Interference With InIavigation There shall be no unreasonable int~-ferenee 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 1~ 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/threatened shorebirds. 4. No Side-casting or Temporary Storage Excavated sediment shall be placed directly into the approved disposal/dewatering site or conveyance vehicle. NO side-casting (double dipping) or temporary storage of dredged material is aolhoff:~t.' 5. Leave a Uniform Bottom Elevation All dredging shall be conducted so as to leave a uniform bottom elevation free o~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 ofcompatil~le (equal or larger) grain size to the to the naturally occurring beach. If at any time during the dredging operation the coraposition of the dredged material changes and becomes unsuitable for beach placement, drodging 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 depamnent's approval. 8. I}owa~l~fft~B~aoh Nour'~unoat Ar, aa All,material plac.~l on th~downdrif~ b~oh noudshmem area must be deposited and spread landward of the line of apparent high water. 9. Vegotaeetl Dune Area There shall be l~ 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 Maintenaace Dredging For maintenance dredging projects, the pennittee 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 Complefiun shall be sa'omitted to the address indicated on that notice form, including the amount of~ dt~lglM and deposited at the approved disposal site. 13. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 50 linear feet from the tidal wetland boundary. Page 3 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00284 14. No Construction Debris in Wetland or Adjacent Area Any debr/s or excess mater/al 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 pr/or 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 mast al~o 'b* signed ~ returned, along with photographs of the completed work. 16. State Not Liable fo~ Damage The State of New York shall in no case be liM~le for any damage or injury to the structu~ or work herein authorized which may be caused by or result fro~ future operations undertaken by the State for the conservation or improvement of navigation, or for other l~arposes, and no claim or fight to compensation shall accrue from any such damage. 17. Conf~'manee With Plans All activities author/zed by this permit must be in sffict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Town of Southold, Office of Engineer. Three sheets stamped NYSDEC Approved 12/20/07. Sheets 1 of 3 and 3 of 3 dated 10/19/07. Sheet 2 of 3 dated 10/30/07. 18. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of thc Depm,tm~nt of Enviromneafat Conservation it atml~ eaa~e tm_rea,onabt* oba{ruetion to the ~ 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 resom~es of the State, the owner may be ordered by the D~ent to remove or alter the structural work, obstmctiolas, or hazards caused thereby without ~ense 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 Depastment 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 necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy enatings, 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 Deparanent of Environmental Conservation may require, remove all or any portion of tho 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 Facility 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 Authortged Permits: I. Facility Inspection by The Department The permitted site or facility, including re, levant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmontal Conservation (the Depoa hnent) to determine whether the permittee is cos~-q~lying with this permit a~d the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The peemittee shall provide a person to accompany the Depm hnent's representative during an inspection to the.permit area when requested by the Depa~ anent. 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 Depa~iment requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for perrffit r~,ewal, modi~eatio~ or ~ are to be ~i£fi~d to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SLrNy ~ STONY BROOK[50 CIRCLE RD STO/XPf BROOK, NY11790 -3409 4. Submission of Renewal Apl~dicafion The permittee must submit a rctlewal 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 right to modify, suspend or revoke this permit. Thc grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; Page 5 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00284 b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; eo noncompliance with previously issued permit condRirms~ orders of the commissioner, any provisions of the Enviroamental Conservation Law or regUlatiolas of the Department related to the permitted activi~y. 6. Permit Transf~ Permits are transferrable unless specifically prohibited by statute, regulation or another permit °°ndition. Applications for permit transfer should be submitted prior to am'ual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification Thc germittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless ~he Depa~hnent of Environmental Conservation of thc State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and dama.g~, to the extent attributable to thc permittee's acts et: omissions in eOnfl~t~°n Wi~h~e P~it~e~ ~fng 0f'activi~ies in connection with, or operation and maintenan~ of, the facility or facilities authorized by the permit whether in compliance or not in compliance with Se terms and conditions of the permit. This indomrdficafion 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 perro, ittee is responsible for informing its independe~nt contractors, employees, agents and assigns of their responsibility to comply with this permit, including all sp~ial 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 l~ermittee. Item C: Permittoe Responsible for Obtaining Other Required Permits The permittee is reslsonsible for obtaining any other permits, approvals, lands, easem~ts and rights-of- way that may be required to carry out the activities that are authorized by this portrllt. Item D: No Right to Trespass or Iaterfere with Riparian Rights This permit does not convey to the permittee any right, t~-U'eSpass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any 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