HomeMy WebLinkAboutSoundview Ave Road Shoulder ReconstructionRESOLUTION 2011-864
ADOPTED
DOC ID: 7435
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-864 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 Chesterfield Associates~ Inc. in
connection with the Sound View Avenue Road Shoulder Reconstruction, Rock Revetment and
Shoulder Stabilization Project, in an mount not to exceed $80,000.00, subject to the approval of
the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
ORIGINAL
AGREEMENT
THIS AGREEMENT, entered into this 9th day of December, 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 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:
A. Provide Laborers, 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 DEC Permit plans & specifications. Additional equipment will be supplied by
Latham Sand & Gravel for the installation of the stone revetment and this equipment is not part of
Chesterfields contract.
B. Provide Laborers, Mechanical Equipment & Operatom to be used for the placement and grading of
road shoulder fill material. All work to be performed in accordance with DEC Permit plans &
specifications.
C. The Town of Southold shall act as the General Contractor tbr 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 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.
The required labor & equipment supplied by Chesterfields Associates shall include but may not be limited
to a mechanical excavator (CAT 322 CL) and a long reach excavator (KABELCO SK-200). In addition to the
equipment supplied by Chesterfields, a crawler front-end loader will be supplied by Latham Sand & Gravel and
will also be taken from the County Contract. The equipment to be supplied by Chesterfields will be provided at
the following County Contract rates:
Excavator (CAT 322 CL) with 1 72 cubic yard bucket [Item # 13-S1]- $1,417.50/day or $177.20/hr.
Long Reach Excavator (Kobelco SK200LC) [Item # 13-SLR1] - $2,614.50/day or $326.80/hr.
Labor / Group 3 Heavy Highway [Letting No. 2-09.1.15] - $ 123.00/t~r.
The above labor & equipment will be utilized to construct a new rock/stone revetment to stabilize the road
shoulder of Soundview Avenue. All excavated material required for the installation of the new stone structure
shall be left on site for backfill behind the new revetment system. The above retbrenced work and equipment
required to construct the Rock Revetment and grade or shape the road shoulder fill shall not exceed a total of
eighty thousand dollars(S80,000.00.) dollars. The Cost for this project work item has been approved by FEMA
for reimbursement. This maximum cost shall include the rental of Latham Sand & Gravel equipment but shall not
include the cost for construction materials.
The above mentioned shall be performed in accordance with attached plans entitled "Soundview
Avenue Road Shoulder Reconstruction - Proposed Rock Revetment & Shoulder Stabilization -
Project", 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 forty-five (45) calendar days after 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 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, 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 fi.om 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 heroin. 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 D~cember 15, 2009. Scott A. Russell, Supervisor,
whose signature appears hereafter, is duly authorized and empowered to execute this instrument and
enter into such an Agreement on behalf of the Town. This instrument shall be executed in duplicate. At
least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk,
Elizabeth Neville.
ARTICLE 15. NOTICES
Any and all notices and payments required hereunder shall be addressed as follows, or to such other
address as may hereafter be designated in writing by either party hereto:
To 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.
ARTIGtzE 471 MODIFICATION
This Agreement constitutes the complete understanding of the parties. No modification of any
provisions thereof shall be valid unless in writing and signed by both parties.
ARTICLE 18. APPLICABLE LAW
This Agreement is governed by the laws of the State of New York.
IN WITNESS WHEREOF, the Town of Southold has caused its corporate seal to be affixed hereto and these presents
to be signed by Scott A. Russell, its Supervisor, duly authorized to do so, and to be attested to by Elizabeth A. Neville, Town
Clerk, and the Contractor has caused its corporate seal to be affixed hereto and these presents to be signed by it~President,
vice
the day and year first above written.
(Seal of the
Town of Southold)
Attest: By:
Elizalt~h A. Neville, Town Clerk
STATE OF NEW YORK:
COUNTY OF SUFFOLK: ss.:
By:
Sco~[t A. Russell, Supervisor
By:
On thisok-'0 day of ~,~_, 2011, before ~ne, the subscriber, personally appeared Scott A. Russell who, being by
· me duly sworn, deposes and says That he s the Superwsory of the Town of Southold (the Town ), the mumc~pal
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 Instmmeut 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 Supql'visQr. ['
N°tarYcPA~ ~YDELL
STATE OF NEW YORK: NOTARY PUBLIC - STATE OF NE1N YORK
COUNTY OF SUFFOLK: ss.: NO. 01HY6189695
QUALIFIED IN SUFFOLK COUN~
..... COMMISSION EXPIRES 06/30120 I _L
On this 19tlilay ofuecemDerin the year 2011 before me, the undersigned, a notary pub ~li'~ih-'and for said state,
personally appeared Ko1'h A1 ] An , 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.
otary Public
EASEMENTS TO BE GENERATED
PICTURE KEY
LOCATION
SOUND VIEW AVENUE
EI:3AD SHBLILDEE I~ECDNSTI~Ui~TinN
PROPOSED ROCK REVETMENT - SHOULDER STABILITB~TION
P L A N DETAIL ~-~= ~--,~.o,
1
NEW TIMBER GUARD RAIL
AS NEEDED.
LINE OF EXISTING
ROAD SHOULDER &
BEACH GRADE
PROVIDE NEW CLEAN FILL BEHIND REVETMENT
AS NEEDED OR REQUIRED.
FILL AREA- ALL SHOULDER STABILtZATION
AND/OR FILL MATERIAL SHALL BE TAKEN
CLASS #B" BEDDING STONE
OVER FILTER CLOTH,
EXISTING GRADE ELEV - [T- 2"]
[4'- 7"] [4'-
PROVIDE '4 TON' - ARMOR STONE
AT TOE OF PROPOSED FILL. ALL
STONE PLACEMENT TO BE LOCATED A
ABOVE HIGH WATER MARK. FOUR (4)
COURSES I STAGGERED.
.AII
ROCK / STONE REVETMENT DETAIL
ROAD SHOULDER STABILIZATION
SCALE: NTS
[6' 8~]
-- FILL AREA- ALL SHOULDER STABILIZATION
AND/OR FILL MATERIAL SHALL BE TAKEN
FROM AN APPROVED UPLAND SOURCE.
PROVIDE ROAD SHOULDER AND SLOPE
VEGETATION AS NEEDED FOR STABILIZATION.
[4' 7~]
Is'- e~ [5' o"] [4'- 91 [4;~'~"]
[3' o'] 12' 4'1
[179"] [ 1 '"'*~ '] ~;~' ~'
[0% 7'1 IO'-
SOUND VIEW AVENUE
ROAD -~HOULDER REOONI~TRUOTION
PROPOSED ROCK REVETMENT - SHOULDER STABILIZATION
~:~ EOTIO N DETAIL
SCALE: 3/32' = 1' · 0'
Drawing:
SV-2
este ield
ssoclates
Inc.
Contractors & Engineers
Since 1968
P.O. Box 1229 · Westhampton Beach, NY 11978
phone:631-288-5100 · fax: 631-288-5161
E-mail: info@ca-inc.net
www. ca-inc.net
I ETI'ER OF TRANSMITTAI
TO Town of Southold
Office of the Town Attorney
Town Hall Annex
P.O. Box 1179
Southold, NY 11971-0959
OATE 12/20/20111~°a NO. 658.12
A~rENTION James A. Richter, R.A.
RE:
Town Engineer
Stone Revetment
Soundview Avenue
Southold, NY
WE ARE SENDING YOU [] Attached [] Under separate cover via
[] Shop drawings [] Prints [] Plans
[] Copy of letter [] Change order []
[] Samples
the following items:
[] SpedficaUons
COPIES DATE NUMBER DESCRIPTION
2 Originals 1/3/2012 Executed Agreements
1 12/19/2012 Certificate of Liability Insurance
1 12/20/2012 Certificate #823995 Certificate of Workers' Compensation Insurance
THESE ARE TRANSMITTED as checked below: [] For approval
] For your use
[] As requested
[] For review and comment
[] For bids due
REMARKS
[] Approved as submitted
[] Approved as noted
[] Returned for corrections
[] Resubmit
[] Submit__
[] Return
[] Prints returned after loan to us
~WN ATTORNEY'S OFFICE
-- copies for approval
. copies for distribution
corrected pdnts
COPY TO: file
ff enclosures are not as noted, kindly notify us at o~. /
New England Division: 123 West Shore Road · Westport island, Maine 04578 · phone: 207-882-5400 · fax: 207-882-9308
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¥.Rov
May 19, 2011
Joe M~trt~ns
Comm/ssioncr
Town of SouthOld
P.O. Box 1179
Southold, NY 11971
RE: Permit #1-4738-02185/00005
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. 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
GWWdj
Enclosure
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-02185
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:
m~vaJc~: B~.^c~ - rrOWN BE^CI-I
co R~ 48 :n~~vmw Is~ ~
1~-51-5-1 '~'~
SO~HO~, NY 11971
Facility Application Contact:
wo s
335 Y3~VE
980
Facffity Location: in SOUTHOLD in SUFFOLK COUNTY
Fac~iity Principal Reference Point: NYTM-E: 717.1 NYTM-N: 4551.9
Project Locatiom g/~~E: LONG ISLAND SOUND
Authorize~! &~e~vity:
Restoree~an existing, storm damaged public b~ag?each facility. Work includes;
- Remove the accumulated debris.
- Cut and remove undermined and/or broken sections of asphalt from the seaward edge of parking 1(~.
- Truckkn and place a proximatel 6,000 cubic ards qf u lan.d, source ~.an_ ~ _b~..~nning at existing
seaward edge of parking lot and extending seaward to the line oI apparent rugn water.
- Install a 2O,foot wide strip of new asphalt at seaward edge of the parking lot to replace pavoment
damaged by sI'orm.
Work shall be as shown on the attached two sheet set of drawings, by the Town of So~thold Engineering
Department, sheet A-1 ~[ated 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: 5/19/20! 1
NYSDEC Approval
Expiration Date: 3/31/2021
By acceptance ~his p~rmit, the permittee agrees that the permit is contingent upl~?rict .
Compliance v~h the ECL, all applicable regUlations, and all conditions included as P~ of this
permit. ~
Permit A~dministrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator
s~ NYSDEC REGION t HEADQUARTERS
Addre ~ SUNY @ STONY BROOK[50 CIRCLE RD
STONY BROOK, NY 11790 -3409
Autrnorized Signature: Date
Distribution List
JA,~iF.S K PETERMAN
Ha~tat - TW
GEORGE W HAMMARTH
Permit Components
GENERAL COI~)ITIONS, APPLY TO AI,I. AUTHORIZED PERMITS
NOTIFICATION OF OTHER PERM1TTEE OBLIGATIONS
NATURAL RESOURCg,PERMIT CONDITIONS ~- APPly to the Following
Permits: ~DA~L WETLANDS
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 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
&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.
5. No Sand Placement Below A~ffaYent High Water The seawardqnlge of sand placement shall not
extend seaward of the line of'apparent high water.
6. No Beach Exca~a~ion For Fill No excavation of the beach is authorized for the~l~ypose of
obtaining fill or~gtne materials.
7. Equipm.~lt 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 eqm~g~ent on
the beach;
8. Sto~age of Equipment Materials The storage 0f construction equiPment, materials, and deb~
stagir~g shall be confined to the parking lot.
9. ~ncrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed t~
escape into any wetlands or waters of New York State nor shall washings from ready-mixed concret&
trucks, miX~, oi' other devices'be ai'lo(~d ib entei- ~ny Wetland ~r ~. onI~ ~h~rfighi 0i:
waterproof form~.ah~l ~'rrsett. '~.~t.concrete shall not be poured to displace water within
10. C-on'formance With Plans All acfivities-ll~aoozed by this permit must ~.~6t conformance?
with the approved plans submitted by the applicant 6i~'~ti~ ~gg0ggt,~a~lffi of the permit applicati~.
Such approved plans were prepared by Town of Southold Engineering Department, two sheet set of
drav~ngs, sheet A-1 dated January 31,2011 and sheet A-2 dated April 1,2011. Both sheets stampe~:
NYSi~EC approved 5/17/11.
11. Stale Not Liable for Damage The State of New York shall in no case be liable for any dam~e or
injury to the structure or work herein authorized which may be caused by or result from future operations
undertaken by the SXate for the conservation or ~nagrovemen~-of a~avig~,on,;~or a~or~ p~, and no
claim or right to compensation shall accrue from any such damage.
12. State May l~quire Site Restoration If upon the expiration or revocation of this ~t, the
project hereby auth~orized has not been completed, the applicant shall, without expens,'lo the State, and
to such extent and in such time and manner as the Department of Environmental Gonservation 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 1-4735-02185
13. 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 revoca~'t~ffs ~/imit, t~e ~.fill, excavation, or other
modification of the watercours~,~ authorized shall not be comp~ei%td;the ownem, shall, without
expense to the State, and to such extent and in ~uch time and manner as the D~mament of
Environmental Conservation may require, remove all or any portion of the uncoml:~ed structure or fill
and restore to its former condition the navigable and flood capacity of the watemourse-. No claim shall
be made againsvthe State of New York on account of any such removal or alteration.
14. Precaugions Against Contamination of Waters Ail necessary precautions shall be tak~ to
preclude ~Ontamination of any w~tland or waterway by suspended solids, sediments, fuels, sol.ts,
lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials
associated with the project.
GENERAL CONDITIONS - Apply to ALL Authorized Permits:
1. Facility ,}~spection by The Depart The permitted site or facility, including r~nt recordsf, is
subject to inspection at reasonable hours and ilg~fls by an authorized representa~e of the Departm~t
of Environmental Conservation (the Department) td;ih~ir~ whether ~the permittee is complying wi~
this !permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0341
and SAPA 401 (3).
The pormittee shall provide a person to accompany the Department's representative during an insp~tion
to the peamit area when reflues[ec! by, file Dep~art~ ent.
A copy of,g~is l~mi't, i~'~d~-'~~a'l~,~l~ an~ ~sl~z1~l~o~; m~-~vailable
for inspection by the Department at all times at the project site or facility. Failure to producoa copy of
the permit upon request by a Department representative is a violation of this permit.
2. Relationship of Shis Permit to Other Department Orders and Determinations ,Unless expressly
provided for by the D~ment, issuance of this permit docs not modify, supersede or rescind any order
or determination previously issued by thc Department or any of thc terms, conditions or requirements
contained in such order or determiaafion.
3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a
separate written application it 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, Suspensio~:~a~d~0ffs4~y~l~e~artment The Department
reserves the right to modify, su,~slqfl 6r revoke this permit. The grou-l~Q/, modification, suspension or
revocation include: "~ '~
a. materially fg]Se or inaccurate statements in the permit application or supporti"flg~apers;
b. failure.by the permittee to comply with any terms or conditions of the permit;
c. ex~.~eeding the scope of the project as described in the permit application; ~
d. newly discovered material information or a material change in environmental conditions, ~evant
technology or applicable law or regulations since the issuance of the existing permit;
e. noncompliance with previously issued permit conditions, orders of the commissioner, any :~
provisions of the Environmental Conservation Law or regulations of the Department related tg
the pe~tted acti'VttY. ~': *~ ~:~' ~'~ ...... ' ~"~ ~ ~:"* ~'~'~'~"~ ~ '" ·
6. Pernut T~ansl~er Perrmts are tran~ble unless specifically prohibited by statut ,.ja~a~ion or .!
another.permit condition. Applications for ~l~t~nsfer should be submitt~ll~n~'~b~actual transfer~f
ownership. : ':~ ~:':" ' .
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Xgrees to~nilen~u~l~atlon
The pe~, e~ept~it~rg~'~tte~~ ,' ' ' i n~ ess the
Department~f Environmental Conservation of the State of New York, its representatives en~10yees
and agents CEhEC") for all claims, suits, actions, and damages, to the extent attributable t0~e
permittee's acts or omissions in connection with the permittee's undertaking of activitieg~n connection
with, or operation amt maintenance of, the facility or facilities authorized by the pertlY' whether in
compliance or not in compliance with the terms and conditions of the permit. Thi~s:'lndemnification does
not extend to any claims, sui.ts, actions, or damages to the extent attributab!¢.~fo DEC's own negligent or
intentional acts or omissions, or to:any claims, suits, or actions n~gg:~ DEC and arising under
Article 78 of the New York Civil Practice Laws and Rutas or .~'~]tizen 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 cpmply 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 obt~alay other penmits, ~..p~m~.~..d,lands, easements and rights-of-
way that may be required to c~ out the activities that are authorizedB~¥~ nnit.
Item D: No Right to ~respass or Interfere with Riparian Rights ~ ~
This permit does .~°'t convey to the permittee any fight to trespass upon the lands or inf~l~.~ ere with the
riparian rights ~°the/'s in order to perform the permitted work nor does it authorize the ~, air~. ent of
any rights, tole, or interest in real or personal property held °r vested in a person not a party'~...~ the
permit. '~
Page 6 of 6
NOTICE OF COMMENCEMENT OF CONSTRUCTION
RETURN TH. IS FORM TO:COMPLIANCE Or Fax to: 631-444-0297
Burepu of Habitat-TW
50 Circle Road
Stony Brook, NY 11790-3409
PERMIT NUMBER: EXPIRATION DATE:
PERMIT:FEE NAME & PROJECT ADDRESS:
CONTRACTOR NAME & ADDRESS:
·
TELEPHONE:
PuJ"suant to th; special conditions of the referenced permit, y~u are hereby notified that the authorized activib/shall commence on
· We certi[y that we have read the referbhced permit and approved plans and·fully understand the authorized project and all
permit conditions. We have inspected the project s!te and can complete the project as descdbe~J in Ih~ permit and as depicted on the
approved plans. We can do so in lull 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 Generat 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 THE PROJECT'
4ND /OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMITAND
4PPRO~ED PLANS AVAILABLE A T THE WORK S/TE FOR THE DURA T/ON OF THE PROJECT MA Y SUBJECT THE PERMI I I ~-E
AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES IqOR NON-COMPLIANCE WITH PERMIT CONDITI~ONS.
3ut along this line
NOTICE OF COMPEETION OF CONSTRUCTION
~.ETURN THIS FORM.TO:COMPLIANCE
Bureau of Habitat- TW
50 Cimle Road
Sto~y Brook. NY 11790-3409
Or Fax to: 631-444-0297
!ERMIT NUMBER:
EXPIRATION DATE:
'ERMI'I-i'EE NAME & PROJECT ADDRESS:
:ONTRACTOR NAME & ADDRESS:
TELEPHONE:
ursuant to special conditions of the referenced perrqit, you are hereby notified that the authorized activily was completed on
· We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required)
PERMITEE: DATE
CONTRACTOR: DATE
¢IS NOTICE, WITH PHoToGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE
=~NT TO THE ABOVE ADDRESS WITHIN 30 DA YS OF COMPLETION OF THE PROJECT.
9~.20-1 (1 l/~3)-gd
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 be!ng conducted at this site. For further
information regarding the nature and extent of the approved
work and any Department conditions applied to the approval,
contact the Regional Permit Administrator listed below. Please
refer tothe permit nUmber shown when contacting the DEC.
Permit Number
Expiration Date
Regional Permit Administrator
ROGEr~ EVAH3
NOTE: This notice is NOT a permit
LONG ISLAND SOUND
. '-'---'"----..,._._:,~,:_.~..~r_,.~?.,. ....... ..~.,.---- .... ..._-.'.,,' .---~
· !,~' '-~ ~ , ......... r ..... ':"':'.:':'7:': .... :'~T,~:'L,''~'~.,:;..'. ' "~' ~-1:-------- ~ ~
· ' ,. , ~ ~,... :.,::: .:
'""--~ :,' :' ',:': :,:'.
NOTE: ~ISTING ASPHALT PARKING LOT ~
MAINTAINED BY SOUTHOLD TOWN
TOWN BEACH
SITE
PLAN
SCALE: 1" = 100'
A-'I