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Home My WebLink AboutTR-72-1-1.10A/bert I. Kmpski. President John Holzapfel. Vice President William G. Alberrson Martin H. Gan:ell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 COASTAL EROSION 1W-ANAGEiWZENT PERI~IT Permit Number: 72-1-1.10 Name of Applicant/Agent: En-Consultants Name of Permittee: William Els Address of Permittee: 730 Park Ave., Huntington, NY 11743 Property Located: ROW off Bridge Lane & Oregon Rd, Cutch. DESCRIPTION OF ACTIVITY: to construct 160' retaining wall with 40' angled return on west side. structure will be armored with 1+ Ion stone on filter cloth, backfilled with 375 c.y. of sand trucked in from Duck Pond Road to west, and construct 4' X 170' stairway with (2) 4' X 8" platforms for access to beach, g_ll work done with concept that bulkhead will be buried with sand. Date of permit issuance: September 28, 1995 This permit is valid for a period of two years from the date of issuaIlce. SPECIAL CONDITIONS: Bluff restoration through a re-vegetation agreement is attached hereto and is a necessary special condition of tins permit. A relocation agreement is attached hereto and is a necessary special condition of this permit. A maintenance agreement as attached with application and is a necessary special condition of this permit. A/bert J. Krupski, Jr. President, Board of Trustees Board Of Southold Town Trustees SOUTHOLD, NEW YORK DATE: 9l 28/95 ISSUED TO ~%L~T-A~ ...~].L S .................................... Pursuanf +o ~he provisions o~ Chapter 615 of ~he Laws of +he S~a~e of New York. ~893; and Chap+er 404 of +he Laws of S+afe of New Yor~ 1952; and ~he Sou+hol~ Town Ordinance en- ~ffled "REGULATING AND THE PLACING OF OBSTRUCTIONS iN AND ON TOWN WATERS AND PUBLIC LANDS and fhe REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:" ~nd i~ ~ccord~nce wifh fhe Resolufion of The Bo~rd ~dopfed ~ ~ meefing held on 8/28/95... 9 95.., and in considerafion of fhe sum of $200~00 paid by o~ c~.tc~og~e N.Y. and subiec~ ~o fhe Terms and Condfflons lis~ed on +he reverse side hereof, of Sou~hold Town Trustees au+horizes and. permff~ ~he following: ~o co~s~ct 160' oE ~et~i~i~g ~ ~st~ ~0 ~ec~ o~ ~esc St~ct~e ~i~ 5e ~o~e~ ~ith l+ con sco~e o~ E~lte~ clot~, b~ck~ill ~it~ 375 c.y. o~ sa~d E~om 9~ck 2o~ ~d. co ~est A' ~ 170' st~i~y ~it~ (2) ~' ~ 8~ 2l~tEo~s Eo~ ~cces to be~cb. All all in accordance wffh fhe de'aged smecificafions as pre~n~ed in ~o~k~he origina+ing applica+ion. ~o~e ~i~b co~ce2~ t~t blkbd, be with sand. IN WITNESS WHEREOF~ The said Board of Trus+ees h~re- by causes ifs Corporafe Seal fo be affixed, and fhese presenfs be subscribed ~y ~ majorify of +he said Board as of fhis da+,e. uv ~ ~..~~ ....... .................. .................... Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 October 2, 1995 Eh- Consultants [329 North Sea Road Southampton, NY 11968 Re: William Els SCTM # 72-1-i.10 Dear I~{r. Haje: The following action was taken by the Board of Town Trustees during its regular meeting held on September 28, 1995 regarding the above matter: WHEREAS, En-Consultants on behalf of W~am Els applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 31, 1995, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on ~September 28, 1995, at which time ali interested persons were g~ven an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are famJNar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 37-18 of the Southold To~rn Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the tow=n, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of to construct 160~ retaining wall with 40' angled return on west side. Structure will be armored with l+ ton stone on filter closth, backfilled with 3?5 c.y. of sand trucked in from Duck Pond Road To west, and construct a 4' X 170' sIairway with (2) 4' X 8' platforms for access to beach. All work done with concept that bulkhead will be buried with sand. Located ROW off Bridge Lane and Oregon Road, Cutchogue. Permit to construct project will expire two years from the date ii is signed if not suarted. Fees must be paid, if applicable, and permit issued within six months of the date of dais notification. Two inspections are required and the Trustees. are to be notified upon completion of said project. FEES: None. VeW truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/jmd cc: CAC Albert J. Kmpski, President John Holzapfel, Vice Presidem William G. Albertson Martin H. Gan'ell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIPICANT EFFECT ON TILE ENVIRONf4ENT APPLICATION NO. i000-72-1-1.10 Chapt. 97 - Wetlands NAME: WILLIAM ELS Chapt. 37 - Coastal Erosion DATE: Aug. 31, 1995 RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the So~thold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should net be considered a determinationmade for any other department or agency which may also have an application pending for the same or similar project. ~' TYPE OF ACTION: Type: Unlisted DESCRIPTION OF ACTION: Applicant requests permit to construc~ a 160' retaining wall with 40' angled return on west side. Wall will connect to landward end of return on east side. Structure will be armored with 1+ ton stone on filter cloth, backfilled with 375 c.y. of sand trucked in from Duck Pond Road to west, and construct a 4' X 170' stairway with (2) 4' X 8' platforms for access to beach. All work done with concept that bulkhead will be buried with sand. LOCATION: ROW off Bridge Lane and Oregon Road, Cutchogue. REASONS SUPPORTING THIS DEntotapE/NATiON: I. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted Dy the applicant and reviewed and completed by the Board of Trustees, has indicated t~st no significant adverse effects to the environment are likely to occur should the project be implemented as planned. - ~lephone _ SOUT~IOLD TOWN CONSERVATION ADVISORY COUNCIL Town ~. 5~~ P.O. Box 1179 S~:h~. New ~ork 11971 At the meeting of the Southold Town Conservation Advisory Council held Thursday. August 24. 1995 the following action was taken: No. 1286 Moved by Stephen Angetl. seconded by John Hagerty, it was te the Southold Town Board ~f ~TrusIees ~PI~ROVAL the Wetland Application of WILLIAM ELs 72-1~1.10 to construct a 160' retaining Wall with 40' angled return on west side. Wall to be connected to landward end of return to east. Structure to be armored with I +/~ ton stone on filter cloth; and backfilled with 375 c.y. of sand to be trucked in from Duck Pond Road to west. A ~' x 170' stairway with two (2) ~t, x 8' platforms to be built for access to beach. The Council recommends approval provided that applicant bury the bulkhead as per Trustees most recent bulkhead policy and plant fill w~th beachgrass; elevate stairs to an adequate height to allow vegetation to grow. ROW off Bridge Lane and Oregon Road. Cutchogue Vote of Council: Ayes: All Motion carried. Albert J. Kmpsld, President John Hohapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel ~DEPARmEt~OF $,'r.A.~TE, ~ ~-~"~.~, COASTNi PI~GRAM$, Towa Hati , , u~ New York I 1~1 ~ ~ ~ ' Tel~nc (516) 765-18~ BOA~ OF TOWN IRUSTEES TO~ OF SO--OLD LEAD AGENCY COORDINATION REQUEST TO: WHOM IT MAY CONCERN DATE:8/3/95 Enclosed is a permit application and a completed Bart I of the Environmental Assessment Form. Southo%~ Town Trusteesare interested inyour ageny's comments in acting as SEQRA Lead Agency for: NAME: W~M ELS LOCATION: R.O.W. off Bridge Lane & Oregon Rd., Cutchogue TAX MAP: 1000-72-1-1.10 PEi{MIT ~ Pending DESCRPTN: (See a~ached) PERMIT REQUIRED: (~ 'TOWN WETLAND ( SEQRA CLASSIFICATION: ( ) Type I ~ UNLISTED Tl~e ~ CFA Please contact Albert I. Krups~, Trustee Pmesident, w'~;Lt.~' 0 days an~ be advised that the Southo!~ Town Trllstees~WAN~l~/(DO' NOT WANT) to assume lead ageqcy. ZBA ( ) BLD ( ) ACE ( CAC Please COm~Iete, detach and return this form to expedite processing. Involved Agency: Project Name: Location: We at AGENCY Trustees assuming Lead Agency. Comments/Reasons: - [ SOU_THOLB 'g'n t~e of: Authorized Representative Albert J. Kmpski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Halt · 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-I892 Fax (516) 765-I823 LEAD AGENCY COOPdDINATtON REQUEST TO: WHOM IT MAY CONCERN DATE: 8/3/95 Enclosed is a permit application and a completed pa~t I of the Environmental Assessment Form. Southold Town Trustees are interested in !n~ur agenM's co~ments in acting as SEQRALead AgencM for: NAME: WILLIAM ELS LOCATION: R.O.W. off Bridge Lane & Oregon Rd., Cutchogue TAX MA~: 1000-72-t-1.10 PERMIT $ Pending DESCR~TN: (See attached) REQUIRED:--(~.TOWN WETLAND { ) OTHER CO~/~__~OAJ PERMIT SEQRA CLASSIFICATION. ( ) Type I ( ) Type II ~ UNLIS'r~o [ } · CEA Please contact Albert J. Krupski, Trustee ~esident, w~0 days and be advised that the $outhoI~ Town Truste~s((WANT~//(DO NOT WANT) to assume lead agen~cY. SENT TO: DOS ~ DEC (4 ~OH ( ) ~B ( ) ZBA ( ) BLD ( ) ACE ( ) ~lease complete~ detach ~d return t~s fo~ to e~te processing. Involved Agency: Project Name: Location: SCTM: We at Trustees assuminq Lead Agency. (Have/No) objection to Southold Town Comments/Reasons: Signature o~ A~thorized Representative Atbe,'t J. Krupski. President John Holzapfel. Vice President William G. Albertson - - Martin H. Gan-ell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Ont ~oastal Erosion Applicatic Permit L//Wetland Permit Application Grandfather Permit Application Trustee Lands Permit Application ~Waiver .7~ eived Applicatiqn..7~//~' ~--'~lerical.Review: ;/~t/~'~ ~-'UompletedApplica~io~Y/~t/~' IncomPlebe TOWN OF SOUTHOLD. SEQRA Classification: ype I T!rpe. II Unlis~ed, L ~'~ogrdin~tion:(date ~e, nt),~-~--- ~70~C Referral Sent: ~/~/~ ~te of Inspection: ~Receipt of CAC Report:(dat~).~ ~ead Agency Dete~ination~~ ~hnic~i Review: (dat~), D~siQn: ~pplication Fee:$/~o Name of Applicant William Els Address 730 Park Avenue. Huntington. NY ~]743 Phone Number:(516 ) 427-5133 Suffolk County Tax Map Number: 1000 72-01-01.10 Property Location: R.O.W. off Bridqe Lane and Oregon Road, Cu~choque (provide LILCO Pole ~, distance to cross srreers, and location. AgenE: Eh-COnsultants, Inc. (If applicable) Address: 1329 North Sea Road, Southampton, NY 11~68 Phone: (516) 283-6360 l PROJECT DESCRIPTION Construct a 160' re~aining wall with 40' angled return on west side. Wall will connect to landward end of return to east. Structure will be armored with 1± ton stone on filter cloth; and backfilled with 375 c.y. of sand trucked in from Duck Pond Road to west. A 4' X 170' stairway with (2) 4' X 8' platforms will be built for access to beach. $oar~ of Trdst~e~ppli~ti6n GENEPJ~L DATA Land Area (in square feet): 86,000 Area Zoning: R-SO Previous use of property: Vacant residential Intended use of property: No change at the present time, although a one famill¥ dwelling will be built eventually. Prior permits/approvals for site improvements: Agency DaTe X No prior permits/approvals for site improvements. Has any permit/approval goverruuental agency? ever been revoked or suspended by a x No Yes If yes, provide explanation: Projecu Description (use attacb_ments if necessary): Construot a 160'_ retaining wall with 40' angled return on west side. Wall will connect to landward end of return to east. Structure will be armored with I! ton stone on filter cloth; and backfilled with 375 cubic yards of sand to be trucked in from Duck-Pond Road to west. A 4' x 170' stairway with (2) 4' x 8' platforms will be built for access ~o beach. Boa/r~% of Trustees Application County of Suffolk State of New York William Els BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANTAGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FR.R~ FROM ANY AND ALL DAMAGES AND CLAIMS ARISING b~DEROR BY VIRT--JE OF SAiD PEi~IT(~, IF GRAN~I-~D. iN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION Wll~REVTEW OFT HIS APPLICATION. Sig~ture SWORN TO BEFORE ME THIS ~ DAY OF 3 Bo~r~d of TruStees APpliCation AU~ORIZATION where the applicant is not the owner) I, William Els (print owner of property) Avenue, Huntington, NY 11743 residing at 730 Park (mailing address) do hereby authorize (Agent) from the En-Consultants, Inc. to apply for permit(s) Southold Board of Town Trustees on my behalf. {Owner' s' signature) Bo$~d of Trustees App~i~ation,~ Purposes of COASTAL EROSION APPLICATION DATA proposed activity: Prevent further erosion of toe of bluff. Are wetlands present within 75 feet of the proposed activity? X No Yes Does the project involve excavation or filling? No X Yes 375 (cubic yards) If Yes, how much material will be excavated? How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Trucked in via Duck Pond Road, dumped and graded. Describe the nature and extent of the environmental impacus reasonably anticipated resulting from implementation of the projec~ as proposed. (Use attachments if necessary) Mi~l environmental effort as w~11 fro~f 11p~n l.~n~ I=l~nM g~11nd, with no veqe%atlon. Wall w~ll b~ wall lao~wnr~ of AHW. · F~OJECT LD. NUMBER 617.21~ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED 'ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1 APPLICANT ~SPONSOR 2. PROJECT NAME William Els by En-Consultants~ ThC. 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION IStreet acoress aha roaa inzersections, prominent lancmarKs, etc.. or provide maol r.o.w, off Bridge Lane and Oregon Road, Cutchogue SCTM ~1000-72-01-01.10 5, ~S PROPOSED ACTION: [~ New [] Exoanslon ~ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: SEE ATTACHED 7. AMOUNT OF LAND AFFECTED: Initially ~, + acres Ultimately 2 + acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes [] No If No, describe briefly g. WHAT IS PRESENT LA'ND USE IN VIC N TY OF PROJECT? ~.. Residential [] ]nPustdal [] Commercial [] Agriculture Describe: [] ParPJForest/Open space [] Other 10, DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? ~ Yes [] No If yes, list agency(s) and permit/approvals DEC, COE Letter of No Jurisdiction 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID P'~'~MMi{' OR APPROVAL? [] Yes [] No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQU RE MODIFICATION? [] Yes [~ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: William Els by En-C'onsultants, Inc. Signature: Date: Ju1¥-:27;'199 If the action is in the Coastal Area, and you are a state agency, complete the SEQR Coasta Assessment FOrm before proceeding with this assessment OVER 1 D D~c~ Pond P~ /, E N-CON SULTAN~A ~L~,Ro. 1329 NORTH SEA ROAD · ~OUTHA~MPTOK, NY 11- ~ 516-~ 0 0 ~ EN-CONS~JLTAN~, !?,,.. ~"~ 1329 NORTH S~ ~, HAMPTON, NY 11 51 N&~w Yo*rk SLm:e Depa~,~en~f Environmen~ Conservation Building 40 -suNy~ stony Brook. ~L~w York 11790'Z356 PhOne (516)4~?. 0365 Fax# (5161 444-0373 Mi~a~d D. Zapata ~mmi~ioner · August 15, 1995 Mr. William Els 730 Park Avenue HUntinqton, NY 11743 RE: 1-4738-01154/00001-0 Dear permittee: In conformance with the requirements of the State Uniform ~rocedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit.. Please read all conditions carefully. 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. Very truly yours, Charles T. Hamilton Permit Administrator CTH/ls enclosure File NEI~ YORK STATE DEPARTMENT OF ENVIRONMENTAL CORSERVA~ON DEC PERMIT NUMBER 1-4738-01154/00001-0 FACILITY/PROGRAM NUMSERCS) I Aught 9, 1995 PE /IIT i XPL T,ON gATE,S, Under the Envi~or~enta[ [ A~gust ~1, 1998 C~ati~ Law I. TYPE OF PERMIT I New O Renewal O Modification B Perlait to Construc~ ~ Permit to Operate Article 15, Title 5: Protection 0 6NYCRR 608: Water Quality ~ Article 27, Title 7; 6NYCRR 360: of Waters Certification Solid Waste Management Article 15, Title 15: Water D Article 17, Titles 7, 8: SPDES O Article 27, Title 9; 6NYCRR 373: Supply Hazardous Waste Management D Article 19: Air Pollution Article 15, Title 15: Water Control D Article 34: Coastal Erosion Transport Management ~ Article 23, Title 27: Mined Land Article 15, Title 15: Long Reclamation ~ Article 36: FLoodplain Island Wells Management Q Article 24: Freshwater Wet[ands Article 15, Title 27: Wi[d, D Articles 1, 3, 17, 19, 27, 37; Scenic and Recreational Rivers ! Article 25: Tidal Wet[ands 6NYCRR 380: Radiation Contra[ Other: O O O D PERMIT ISSUED TO William Els ADDRESS OF PERMITTEE 730 Park Avenue~ Buntington, New York 11743 CONTACT PERSON FOR PERMITTED WORK Eh-Consultants, 1329 North Sea Road, Southampton, New York NAME AND ADDRESS OF PROJECT/FACILITY 11958 TELEPBONE NUMgER (516) 427-5133 ITELEPBONE NUMBER (516) 283-6360 Ets Proper~y LOCATION OF PROJECT/FACILITY R.O.W. off Bridge Lane and Oregon Roadr Cutchogue, New York gESI~IPTICN CF/~JTHSRI7m/~TIVI~Y ~LATERCOURSE Long Island Sound NYTM COORDIRATES Construct 160 Linear feet of timber bulkhead with a 40 foot angled return on the ~est side. Bulkhead will connect to landward end of bulkhead return to the east. Bulkhead will be armored with 1 : ton stone on filter cloth and backfiLLed with 375 cubic yards of sand trucked in from Duck Pond Road. Construct a 4' x 170~ stairway with (2) 4~ x 8~ platforms for access to beach. Ail work shall be done according ~o plans prepared by Eh-Consultants Last revised July 27, 1995 and stamped NYSDEC Approved on August 9, 1995. By acceptance of this permit, the permittee agrees that the permit is contingent upon strictcompliancewith the ECL, ail applicable regulations, the genera[ Conditions specified (see page 2) and any Special conditions included as pa~t of this permit. PERMIT ADMINISTRATOR: Charles T. Hamilton AUTBORIZED SIGNATURE ADDRESS BLdgo 40, SUNY, Room 219,,Stony Brook, NY 11790-2356 DATE I August 14, 1995 Page 1 of 4 1. The permitted site or ~'lity, including relevant is subject to in- spection at reasonable hours and intervals by an authorized representative of the Depar~,'~nt of Envirc~l'ental C.~r~ervati~ (the Deper~,',~t) to determine ~bether the penmittee is:cu~plying with this permit and the m. Sech represen- tative n-ay order the ~orl( suspended p~rsuant to F~ 71,0301 and S~°A 401(3). A cc~y of this permit, including all referenced r~aps, drivings and special c~nditions, trust be available for inspection by the Depar~,'l~nt at all tirms at the project site. Failure to preduce a ~ of the permit upon request by a Depar~,~nt representative is a violation of this permit. 2. The Depar~t reserves the right to rr~ify, suspend or revoke this permit ~hen: a) the scope of the permitted activity is exceeded or a violation of ar~ condition of the permit or provisions of the B~L and pertinent regula- tions is found; b) the pem~it ~as obtained by misrepresantati~ or failure to diSClose relevant facts; c) ne~vrmterJal info,~ution is discovered; or d) envir~,=ntal mnditiens, relevant technology, or applicable lan or recJulation have rraterial ly changed since the permit ~as issued. The permittee must sub, it a separate written application to the Deparl~¥ent for renewal, rmdification or transfer of this permit. Such apPlication trust include any fo,'n~, .fees or suppiu,untal info,, '~t ion the Deper~q~nt requires.. Any renal, rr~fioetion or transfer granted by the Depar~,'~nt trust be inwr~ting. The permittee trust sub~it a rane~al application at least: a) 180 days before expiration of permits for State Pollutant Discharge El imination Systa"n (SPEES), H~zardous W~ste IVl~nag~nt Feci I ities (l-~vl=), major Air Pollution C~ntrol (APC) and Solid~ste IV'anege~nt Faci I ities (~/~F); and b) 30 days before expiration of al I other permit types. Other Unless expressly provided for by the E;epar~,~nt, issuance of this permit does not modify, supersede or rescind any order or determination perviously issued by the Depar b~nt or any of the te.~, conditions or require-rants contained in such, order or determination. I Legal Chi igations of Perrrittee ' The permittee has accepted expressly, by the execution of the application, the' full legal responsibility for all d~ges, direct or indirect, of v~ataver nature and by wSu~uver suffered, arising 'out of the project described in this permit and has agreed to indu'~'Hfy and save harmless the State fr~n suits, actions, d~uges and costs of every r~ and description resulting fr~-n this pro j ect. This permit does not convey to the permittee any right to trespass upon the=- lands or inter.fete with the riparian ·rights of others in order to perform the, permitted Work nor does it authorize the irrpai.~'unt of any rights, title, or · interest in real or personal property held or vested in a person not a party to the permit. The permittee is responsible for obtaining any other permits, approvals, lands eas~',~nts and rights-ofw~ay that tray be required for this project. Page 2 of 4 ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 9 That if future ooerat~ons b~ rne State of New York reqmre an al- £erat~on ~n me position of the structure or work herein authorized or "~n ~ne opinion of the Deoarrment of Environmental Conservation ~t sna~ cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the oeovle of the State or cause ]uss or destruction of me natural resources ut the State the owner max be ordered by the Department to remove or alter the structural work obstruchons, or hazards caused cnereov Wli:nouc expense to the State. and if. uoon the expiration or revocation o{ this oerm~t, the structure, fill excavation, or other modification of the watercourse hereby authorized shall not be com- ~ eteu the owners shall w~tnout expense to the State. and to such extent and in such time and manner asthe Department of Environmental Conservation may reumre remove ali or any portion of the uncompleted struc[ure or fi[ 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 an~ such remora[ or alteration. 10 That the State ut New ~ ork shall in'no case be liable for any damage or inlurv to the structure or work herein authorized which may he caused by or result from future operations undertaken by the State for the 1 ~ Granting ut this permit does not reheve the applicant of the responsi- bility of )btaining any otner Dermissio~ consent or approval from the US. Army CorDs of Engineers, U.S. Coast Guard. New York State Office of General Services or local government which may De recruited. 12 A: necessary precautions shall be taken to prec~uae contamination uT an' wetland or waterway DV suspencleo solids sediments, fuels. 25, 34 and 6 NYCRR Part 608 ( ~T~)~ TI~I.AI~TOS I ortner environmenta y deleterious materials associated with the project. 13 Any material dredged in the prosecution of the work herein permltteo shall be removed evenk, without leaving Large refuse piles, ridges across the bed of a waterway or floodplain or deed holes that ma~ qave a tendencv to cause damage to navigable channels or to the banks of 14 There shall be no unreasonable interference with navigation bv the work herein authorized. 15. If upon the expiration or revocation of this permit, the proiect hereb,. authorized has not been completed, the applicant shall, without expense to the State. and to such extent and in such time and manner as the Department of Environmental Conservation may reuuire 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 an,. such removal or alteration 16 If granted under 6 NYCRR Part 60g. the NYS Denartment of Environ- mentat Conservation hereb~ certifies that the subiect project will not contravene effluent limitations or other limitations or standards un,er Sections 301. 302. 303. 306 and 307 of the Clean Water Act of 2977 CPL 95-217) orovided that all of the conditions listed herein are met. 17 All activities authorized by this permit must be in strict conformance with the approved plans submitted by rne applicant or his agent as par~ of the permit application. Such approved DEans were prepared by on 1. All asphalt, SPECIALCONDITIONS fill shall consist of "clean" gravel and soil (not slag, flyash, broken concrete or demolition debris). 2. No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 3. Ail peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads etc. shall be comPleted prior to placement of any fill material behind such structures. 4. Equipment operation below apparent high water is strictly Prohibited. 5. There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland or adjacent area. 6. The permittee shall cause all exposed faces or disturbed areas to be vegetated to prevent soil erosion prior to the project completion or expiration date of this permit, whichever comes first. 7. There shall be no discharge of, runoff or other effluent on in or down the bluff face or onto the beach. Supplementary Special Conditions A through F attached. 738-01154/00001-0 Page 3 of 4 The following oond~/ohs .appl7 to all TLdal w>..~.ands; ~.reshwa.ter Wetlands; Coastal ErosLon Management; and Wild, ScenL=, aaa Recreational Rivers ~ermits: A copy of this permit, including all conditions and approved plans, shall be available a~ the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all aut21orized work has been completed. The permit=ce shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special, and supplementary special conditions. Any failure ~o comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. If any of the permit conditions are uncleer, the permittee shall contact the Division of Regulator~ Affairs at the address on page one or telephone (516) 444-0365. If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submission of a new application for permit. 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 =his permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a sur~ey. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at leas= 48 hours prior to recommencing work in subsequent years. The granting of this permit does not relieve the permittee of the responsibility of obtaiz~ing a grant, easement, or other necessary approval from the Division of Land Utilization, office of General Services, Tower Building, Empire State Plaza, Albany, NY' 12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. DEC Permit No. 1-4738-01154/00001-0 4 of 4 Page