HomeMy WebLinkAboutDEC Permit v
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 'Row
Facility DEC ID 1-4738-01061
PERMIT
Under the Environmental Conservation Law ECL
Permittee and Facility Information
Permit Issued To: Facility:
MATTITUCK PARK DISTRICT MATTITUCK PARK DISTRICT
BREAKWATER BEACH
P O BOX 1413 5155 BREAKWATER RDISCTM 1000-99-2-19.1
MATTITUCK,NY 11952-0997 MATTITUCK,NY 11952
(631) 872-5195
Facility Application Contact:
LK MCLEAN ASSOCIATES PC
437 S COUNTRY RD
BROOKHAVEN,NY 11719
(631)286-8668
Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Mattituck
Facility Principal Reference Point: NYTM-E: 705.141 NYTM-N: 4543.102
Latitude: 41°00'47.9" Longitude: 72°33'37.5"
Project Location: 5155 Breakwater Road - Watercourse-Long Island Sound
Authorized Activity: Construct 25'x 40'shade shelter north and west of existing lifeguard building and
complete/extend deck north of building. All authorized activities must be in strict conformance with the
attached plans stamped NYSDEC approved on 8/24/16.
Permit Authorizations
Tidal Wetlands -Under Article 25
Permit ID 1-4738-01061/00003
New Permit Effective Date: 8/24/2016 Expiration Date: 8/23/2021
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AUG 3 0 2016
Southold Town
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 'ROW
Facility DEC ID 1-4738-01061
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:LAURA J SCOVAZZO,Deputy Regional Permit Administrator
Address: NYSDEC Region 1 Headquarters
SUNY @ Stony BrookJ50 Circy Rd
Stony Brook Y 11790-34
Authorized Signature: � G�'/�� T Date /
Distribution List
LK MCLEAN ASSOCIATES PC
Habitat-TW
LAURA J SCOVAZZO
Permit Components
NATURAL RESOURCE PERMIT CONDITIONS D
GENERAL CONDITIONS,APPLY TO ALL AUTHORIZED PERMITS AUG 3 O 2016
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Southold sown
NATURAL RESOURCE PERMIT CONDITIONS - Apply t e
Permits: TIDAL WETLANDS
1. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous
location on the worksite and adequately protected from the weather.
2. Notice of Commencement At least 48 hours prior to commencement of the project,the permittee
and contractor shall sign and return the top portion of the enclosed notification form certifying that they
are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion
of project,the bottom portion of the form must also be signed and returned, along with photographs of
the completed work.
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-01061
3. Concrete Leachate During construction,no wet or fresh concrete or leachate shall be allowed to
escape into any wetlands or waters of New York State,nor shall washings from ready-mixed concrete
trucks,mixers, or other devices be allowed to enter any wetland or waters. Only watertight or
waterproof forms shall be used. Wet concrete shall not be poured to displace water within the forms.
4. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from
construction of this project shall be completely removed from the adjacent area(upland) and removed to
an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas.
5. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal
wetlands or protected buffer areas as a result of the permitted activities.
6. 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 75 linear feet from the tidal
wetland boundary.
7. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be
stabilized with appropriate vegetation(grasses, etc.)immediately following project completion or prior
to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours
or planting is impractical due to the season,then the area shall be stabilized with straw or hay mulch or
jute matting until weather conditions favor germination.
8. Prohibition Period for Nesting Birds To protect nesting shorebirds, including threatened and/or
endangered species,no regulated activities may occur between April 1 and August 31, inclusive, of any
calendar year.
9. State May Order Removal or Alteration of Work If future operations by the State of New York
require an alteration in the position of the structure or work herein authorized,or if, in the opinion of the
Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation
of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause
loss or destruction of the natural resources of the State,the owner may be ordered by the Department to
remove or alter the structural work, obstructions,or hazards caused.thereby without expense to the State,
and if,upon the expiration or revocation of this permit,the structure,fill,excavation, or other
modification of the watercourse hereby authorized shall not be completed,the owners, shall,without
expense to the State, and to such extent and in such time and manner as the Department of
Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill
and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall
be made against the State of New York on account of any such removal or alteration.
10. State May Require Site Restoration If upon the expiration or revocation of this permit,the
project-hereby authorized has not been completed,the applicant shall,without expense to the State, and
to such extent and in such time and manner as the Department of Environmental Conservation may
lawfully 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.
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-01061
11. 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 coatings,paints, concrete,leachate or any other environmentally deleterious materials
associated with the project.
12. Conformance With Plans All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or applicant's agent as part of the permit application.
Such approved plans were prepared by L.K.McLean Associates P.C. dated June 2016, stamped
NYSDEC approved 8/24/16 .
13. State Not Liable for Damage The State of New York shall in no case be liable for any damage or
injury to the structure or work herein authorized which may be caused by or result from future operations
undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no
claim or right to compensation shall accrue from any such damage.
GENERAL, CONDITIONS -Apply to ALL Authorized Permits:
1. Facility Inspection by The Department The permitted site or facility,including relevant records,is
subject to inspection at reasonable hours and intervals by an authorized representative of the Department
of Environmental Conservation(the Department)to determine whether the permittee is complying with
this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301
and SAPA 401(3).
The permittee shall provide a person to accompany the Department's representative during an inspection
to the permit area when requested by the Department.
A copy of this permit, including all referenced maps, drawings and special conditions,must be available
for inspection by the Department at all times at the project site or facility. Failure to produce a copy of
the permit upon request by a Department representative is a violation of this permit.
2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly
provided for by the Department, issuance of this permit does not modify, supersede or rescind any order
or determination previously issued by the Department or any of the terms, conditions or requirements
contained in such order or determination.
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Southold Town
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-01061
3. Applications For Permit Renewals,Modifications or Transfers The permittee must submit a
separate written application to the Department for permit renewal,modification or transfer of this
permit. Such application must include any forms or supplemental information the Department requires.
Any renewal,modification or transfer granted by the Department must be in writing. Submission of
applications for permit renewal,modification or transfer are to be submitted to:
Regional Permit Administrator
NYSDEC Region 1 Headquarters
SUNY @ Stony BrookJ50 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.
5. Permit Modifications,Suspensions and Revocations by the Department The Department
reserves the right to exercise all available authority 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;
b. failure by the permittee to comply with any terms or conditions of the permit;
c. exceeding the scope of the project as described in the permit application;
d. newly discovered material information or a material change in environmental conditions,relevant
technology or applicable law or regulations since the issuance of the existing permit;
e. noncompliance with previously issued permit conditions, orders of the commissioner, any
provisions of the Environmental Conservation Law or regulations of the Department related to
the permitted activity.
6. Permit Transfer Permits are transferrable unless specifically prohibited by statute,regulation or
another permit condition. Applications for permit transfer should be submitted prior to actual transfer of
ownership.
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AUG 3 0 2016
Sou'hold Town
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-01061
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee, excepting state or federal agencies,expressly agrees to indemnify and hold harmless the
Department of Environmental Conservation of the State of New York,its representatives, employees,
and agents("DEC")for all claims,suits, actions, and damages,to the extent attributable to the
permittee's acts or omissions in connection with the permittee's undertaking of activities in connection
with,or operation and maintenance of,the facility or facilities authorized by the permit whether in
compliance or not in compliance with the terms and conditions of the permit. This indemnification does
not extend to any claims, suits, actions,or damages to the extent attributable to DEC's own negligent or
intentional acts or omissions,or to any claims, suits, or actions naming the DEC and arising under
Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision
under federal or state laws.
Item B: Permittee's Contractors to Comply with Permit
The permittee is responsible for inforniing its independent contractors,employees,agents and assigns of
their responsibility to comply with this permit,including all special conditions while acting as the
permittee's agent with respect to the permitted activities,and such persons shall be subject to the same
sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals,lands, easements and rights-of-
way that may be required to carry out the activities that are authorized by this permit.
Item D: No Right to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the
riparian rights 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.
flD E FIVE
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AUG 3 0 2016
i Southold lose,
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Page 6 of 6
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NOTICE OF COMMENCEMENT OF CONSTRUCTION Am
RETURN THIS FORM TO-COMPLIANCE Or Fax to: 631-444-0297 - -
Bureau of Habitat-TW
50 Circle Road
Stony Brook, NY 11790-34Q0
PERMIT NVMBER: EXPIRATION DATE:
PERMITTEE NAME&PROJECT AQQRESS:
CONTRACTOR NAME&ADDRESS:
Pear Sir:
Pursuant to the special conditions of the referenced permit,you are hereby notified that the authorized activity shall commence on
We certify that we have read the referenced permit and approved plans and fully understand the authorized project amend all
permif conditions.We have inspected the prgjec�site and,can complete the project as described in the permit and as depicted on the
approved plans. We,can do so,in full ggmpliance with all plan notes and permit conditions.The permit, permit sign,and approved plans will
be gvailagle at•the site for inspection in accordance with General Condition No. 1. (Both signatures required)
PERMITEE: DATE
CONTRACTOR: DATE
THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT
A.NP/QIP ANYASSOCIATED ACTIVITIES. FAILURE TO RETVRN THIS NOTICE,POST THE PERMIT SIGN, OR HAVE THE PERMIT AND
APPROVED PLANS AVAILABLEAT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE
AND/QR CONTRACTOR TO APPLICABLRSANCT/ONS AND PENALTIES FQR NON-COMPLIANCE WITH PERMIT CONDITIONS.
Cut,alon this line X X X X X X X
�� NOTICE OF COMPLETION OF CONSTRUCTION ,--r
RETYRN THIS FORM TO:COMP(,IANCE Or Fax to: 631-444-0297 AM
Bureau of.Habitat-TW
50 Circle Road'
Stony Brook, NY 11790-3409
PERMIT NUMBER: EXPIRATION DATE:
PERMITTEE NAME&PROJECT ADDRESS:
CONTRACTOR NAME&ADDRESS:
TELEPHONE:
Pursuant to special conditions of the r rmit rou are hereby notified that the authorized activity was completed on
We have fully comwit�th�r ad ns permit and approved plans (Both signatures required)
PERMITEE: s ��� DATE
J'j .AUG 3 0 2016 "
CONTRACTOR: DATE
Southold lbavtt
THIS NOTICE, WITH PHOTOGRAP — WORK AND OR A COMPLETED SURVEY,AS APPROPRIATE, MUST BE
SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT.
95-20-1 (8187)-9d
New York State
epartment of Environmenta' l' Conservation
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Department of Environmental Conservation (DEC) has issued
permit(s) pursuant to the Environmental Conservation Law
for work being conducted at this site. For' further information
regarding the nature and extent of work approved and any
Departmental condition's on it, contact the Regional Permit
r-
Administrator listed below. Please refer to ' the permit number
shown when contacting the DEC.
Regional Permit Administrator
L 70
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Permit Number R®G.ER EVANS
Expiration DateSri 9&4
NOTE: This notice is NOT a permit
TOWN OF SOUTHOLD
NYSDEC
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AND CONDITIONS OF
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