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HomeMy WebLinkAboutTR-10-88-123-4-5THIS PERMIT IS CONDITIOi D AGAINST THE USE OF TBT . OTHER ORGANO-TIN BOTTOM PAINTS EXCEPT WHERE EXPRESSLY PERMITTED IN WRITING BY THE TOWN TRUSTEES. Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO..!.Q-7.~.{~.7.J-.~.~.z.4..-5 DATE: ...M..~r.ch..Z,. 1.989 ISSUED TO .....~7..h..o..m...a..~....A.........P. Mmez. ............................................................................ - Pursuant fo the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance eh- tffled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on Eeb,....?.8 ...... 19...8..9...., and in consideration of the sum of $ ....................... paid by ............. T. komas...A..,_.Ralmer. .................................................................................................. of ............ ..Q.u.tc.h.o. gu.e. ............................................. N. Y. and subject to the Terms and Gondltions listed on the reverse side hereof, of Soufhold Town Trustees authorizes and permits the following: CONSTRUCT A 3' x 53' CATWALK, 3' x 6' RAMP AND 8' x 16' FLOATING DOCK, AND ADDITIONAL WORK TO '~D'WELLING ]' all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, Th'e said Board of Trustees h,ere- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of/Jbk}e said Board as of this dat,e. ? Please tear off and return to the Trustee Office. Board Of .Soutt Old'Town Trustees SOUTHOLD, NEW YORK Mooring Permit No. Date: Mooring No. I, certify that'the-work as authorized in this permit has been completed and is now ready for your inspection. Also, the number required on this project is clearly visible. I further understand this permit is not'valid until'this tear off sheet is returned to the Trustee Office.': TERMS ~ncl' CONDITIONS The Permlrre~ Thomag A. Palmer j residing al_ P.O. Box 218 Cutehng.e N. ¥_ a~ part of' the consideration for the iss~ju_nce of the Permit does understand and presc~be to the'roi- J~ lowing: 1. That the Southoid Trustees Permit must be prominently JJ~ displayed on the premises effected thereby during the period of J~ .~ii?..:'.,. ... That the said Board of Trustees and the Town of Southold are r~leased from any ~nd work J~ · -.;..,,,t ail. damages, or da;m, for damages, of suits arising dh-ectly or indirectly as a result of any oper- . unc~e~ . !~.~on performed pursuant to this permzt, and the said Permit-tee will, at his or her ow~ expeose~ lzhe . ~ The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and properW resulting from such operations. By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and alt acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by 1his permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter upon the premises where such operations are being conducted to make such inspections as the Town may deem necessary to insure that such operations are being con- ducted in conformity with this permit. This operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation, C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E. Increase the danger of flood and storm-tide damage. F. Adversely affect navigation on tidal waters or me tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral su0port of other lands in the vicinity. I. Otherwise adversely affect the health, safety and general welfare of the people of the town. Board of Southold Town Trustees Date..~,.. -/t,.:~.-d%~..... d'7~.,/: .~.'~.~.~..~. ........................... FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSK1, JR., Vice-President JOHN M. BREDEMEYER, Ill JOHN L. BEDNOSKI, JR. HENRY P. SMITH Thomas A. Palmer P.O. Box 218 Cutchogue, New York Re: BOARD OF TOWN TRUSTEES TOWN OF SOUTItOLD Town Hail, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 7, 198~ Application No. 10-88-1~~ 2050 Deep N.Y. ~ TELEPHONE (516) 765-1892 ~le Dr ive~ Dear Mr. Palmer: The following action was taken by the Board of Town Trustees during their regular meeting held onFebruary 28, 1989, regarding the above matter: WHEREAS, Thomas Palmer applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 28, 1988 and WHEREAS said application was referred to the Southotd 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 February 28i-1989, at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar 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 Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED that Thomas Palmer BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: ~~ Construct 3' x 53' catwalk, 3' x 6' ramp and 8' x 16' floating dock, and additional work to'dwelling. This permit will expire twQ_~ear ': - ~ - ironed if work has not commenced by said date. Fees must be paid and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Permit will be issued upon payment of the following fees: $144.00 - Catwalk $12 8.0~.0~-m ~E~oat $~D~.00 - 8 ~ilings /~$$41820~0000 ~- We~and Inspection fee $482.00 TOTA~L FEES DUE / Very truly yours, Frank A. a President Board of Town Trustees FAK:jmr cc: Bldg. Dept. Conservation Advisory Council file~ Telephone (516) 765-189! Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL To: From: Dated: Re: Southold Town Trustees Southold Town Conservation Advisory Council February 22, 1989 Recommendation of Wetland Applications The following recommendation were made by the Southold Town Conservation Advisory Council at its meeting held Thursday, February 16, 1989: RESOLVED to recommend to the Southold Town Trustees approval of Wetland Application No. 11-88-78-2-42 of Joseph J. Verwayen to construct a private boat dock consinting of fixed elevated (3' above grade of marsh) catwalk, hinged ramp and two floats secured by pilings. RESOLVED to recommend to the Southold Town Trustess approval with stipulations of Wetland Application No. 11-88-113-6-11 for Gerald Wood to cpnstruct a timber dockconsisting of a 4' x 104' fixed elevated (min. 3.5') walk with outer 5' x 36' "L" to west. Inner end of dockwill be approximately in line with two existing timber pilings and 15' west of them. Propsoed dock will extend a distance equal to exising adjacent dock to east. The Council recommends approval with a further recommendation that natural plantings in the area to be filled behing the railroad ties to avoid runoff into the creek. ~ RESOLVED to recommend to the Southold Town Trustees approval of Wetland Application No. 1-1-89-127-68 of John and Eleanor Bastone to construct a floating dock and landing. RESOLVED to recommend to the Southoid Town Trustees approval of Wetland Application No. 10-88-123-4-5 of Thomas Palmer to replace a 53' x 3' catwalk and 16' x 8' float and additioanl work to dwelling consisting of a 12' x 37' wood deck to rear of dwelling, 8' x 37' extension and 11' x 22' garage to front of dwelling and move existing 8.4' x 8.4' shed to west side of lot (further from HWM), RESOLVED to recommend to the Southold Town Trustees approval of Wetland Application No. 1-3-89-56-5-36 of Mateo Lettunich to reinforce westerly concrete and rock seawall, includein returns and reconstruct easterly rock revetment with additional rocks and filter cloth. The Council recommends approval since the work needs to be done but they would like to go on the record that if the work was a new project they would have recommended disapproval. · Page 2 '~" RESOLVED to recommend to the Southold Town Trustees approval of Wetland Application No. 12-3-88-98-3-17 of Margaret McGwire to erect a two-story garage 22'x28' and an adjacent 12' x 12' storage shed. RESOLVED to recommend to the Southold Town Trustees approval of Wetland Application No. I-5-89-80-3-16 of Henry Arbeeny to remove and replace (in same location and configuration) 60 I.f. of timber bulkhead, dredge a manimum of 10 c.y. (to 3' below MLW) from an area 10' in front of bulkhead and use spoil fro backfill, remove existing dock and replace with 3' x 12' hinged ramp and 6' x 16' float secured by (2) 2-pile dolphins. RESOLVED to recommend to the Southold Town Trustees approval of Wetland Application No. 12-88-80-3~17 of John Van Vladrichen to remove and replace in same location and configuration, 60 I.f. of timber bulkhead; dredge a maximum of !'~ 10 c.y. infront of bulkhead and use spoil for backfill; remove existing dock and replace with 3' x 12' hinged ramp and 6' x 16' float secured by (2) 2- pile dolphins. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516~ 765-1892 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES' OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN OF SOUTHOLD, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODES OF THE TOWN OF SOUTHOLD. IDENTITY OF APPLICANT PHONE NO ADDRESS OF APPL I CANT__ ~____E~ -- ~.J__~__ , AGENT PHONE NO · LOCATION OF PROPERTY FOR WHICH. PERMIT WANTED_--~_~p__~_~_~~ HOME ADD~ESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LO'CATION "CREEK, BAY OR HARBOR FRONTING PROPERTY SIZE ~F PROPOSED WORK 'LENGTH ..... 525 WIDTH ..... H~IGHT ABOVE HIGH WA~'ER .... L / DEPTH BELOW LOW WATER YARDS TO BE EXCAVATED YARDS TO BE 1::' I LLED WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY_ , .... DEPTH AT LOW. TIDE DISTANCE TO TH~ N~A~ST DISTANCE ~ROJECT ~XT~NDS B~YOND SIMILAR O FT iS THIS FOR PRIVATE OR BUSINESS USE? AREA ZONING MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED AND WHETHER ANY PRIOR LICENSE OR PERM!TS HAVE BEEN ISSUED TO EP~F~ECT STRUCTURES OR TO DREDGE OR DEPOSIT FI LL 0J~I SAiD PREM!SES AND WHETHER ANY ~E~MITS 0~ LICENSES WERE EVER SUS~ENbED O~ ~E~OKED ~Y A ~0VE~MEIqTA DESCRIBE FULLY THE REHABILITAT~0N 'AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF THE PROJECT ARE THERE ANY COI[ENANTS OR RESTRICTIONS IN YOUR DEED THAT. WOULD PROHIBIT THIS PROJECT? {'2/87)--Text 12 NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART J--PROJECT INFORMATION (To be completed by Applicant or Project ~pbnsor) SEQ~ 1. APPLICANT/S~N~!!~t ~ . f 2. PROJECT NAME 3. PROJECT LO~ATION: '~O~'~ ~_~d~p H O& ~ D~ Municipality ~ ~T~K' /Vy!!~ County 5~--~~ 4. PRECISE LOCATION fStreet ~ddress and road intersections, prominent landmarks, etc,, or provide map) 5. IS PROPOSED ACTION: [] New [] Excansion ~Modification/aReration 7. AMOUNT OF LAND AFFECTED: Initia y acree Ultimately 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~'Yes [] No If No. describe briefly 9. WZIA~T IS PRESENT LAND USE IN VICINITY OF PROJECT? ~Residential~ [] !ndustrial [] Commercial [] Agriculture Describe O¢~ J [] ParktForest/Oeen SDaCe [] Othe~ 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUND!NG. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Ii'Yes [] No If yes, list agenCy(s) ana Dermitlaeprovals 11. DOES ANY ASPECTOF THE ACTIOH HAVE A CURRENTLY VALID PERMIT OR APPROVAL?  Yes No If yes, ist agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~es [] NO , CERTIFY T_~A; ,,/T¢~, ~f ~]E INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment .. OVER 1 PART II--ENVIRONMENTAL AS'~'-"SMENT (To be comoleted by Agency) -- A. DOES ACTION EXCEED ANY TYPE I , fRESHOLD IN 6 NYCRR, PART 617.127 if yes, COO~.~nate [ne rewew process and use th;~~ [] Yes [] No / B. WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 6t7.67 If No, a negat~ ~leclaration may be superseded by another involved agency. [] Yes [] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface' or'groundwater quality or quantity, no~se levels, existing traffic catterns, solid waste productior or disposal, potential for erosion, drainage or flooding problems? Explain briefly: - C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources: or commun ty or neighborhood character? Explain briefly: C3. Vegetation or fauna, f ah, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explair~ briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly.: C5. Growth. subsecuent development, or related activities likely to be induced by the Droeosed action? Explain briefly. Long term. snorr term, cumulative, or other effects not identified in Cl-C57 EXD~mn briefly. C7. Other impacts (incl-~ding changes in use of either quantity or ~type of energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? []Yes [] No If Yes, explain briefly . PART III--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) ' INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantia], large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude, if necessaw, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified One or more potentially large or significant adverse impacts whic,h ~IAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and ar~; supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or type Name of Responsible Officer ~n Lead Agency Title of Respons~bJe Officer Signature of Preparer [if different from responsible officer) Signature of Responsible O~ficer in Lead Al~ency Date COUNTY OF ~SO'~ ) STATE OF ~q~;;~-Y~R/~-- ) SS: BEING DULY SWORN DEPOSES AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT THE WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN SOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED, in completing this application I hereby authorize the Trustees, agent or representative to enter onto my property to inspect the premises in conjunction with revi~/,this SIGNATURE OF APPLICANT SWORN TO BEFORE ME THIS NOTARY PUBEIC 'ROBERT F. NAGEL My Comm. expires Jan. 2~, 19~ EXAMINED APPROVED "WETLANDS" PERMIT (~HAPTER 97) APPROVED "BOAT,DOCKS, WHARVES"' PERMit (CHAPTER 32) DISAPPROVED "WETLANDS PERMIT" (CHAPTER 97) DISAPPROVED 'BOATS, DOC~$, WHARVES" PERMIT (CHAPTER 32) CONDITIONS, IF ANY EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 DEC~ERMIT NUMBER 10-88-1549 FACILITY PROGRAM NUMBER(s) N/A PERMIT Under the Environmental Conservation Law Article 15. Title 3; 6NYCRR 327, 328, 329: Aquatic Pesticides Article 15, Title 5: Protection of Water Article 15. Title 15: Water Supply Article 15. Title 15: __ Water Transport -- Article 15, Title 15: Long ,sland Wells Article 15, Title 27: Wild, Scenic and Recreational Rivers EFFECTIVE DATE I0/20/88 EXPIRATION DATE[s] 10/31/90 6NYCRR 608: Water Quality Certification Article t7, Titles 7, 8: SPDES Article 19: Air Pollution Control* -- Article 23, Title 27: Mined Land Reclamation -- Article 24: __ Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct (*only), O--Operate (*only) N--~'~[ Article 25: Tidal Wetlands [------[ Article 27, Title 7; 6NYORR 360: Solid Waste Management* Article 27, Title 9; 6NYORR 373: Hazardous Waste Management -----} Article 34: _Coastal Erosion Management Article 36: Floodolain Management [~-] Articles 1, 3, 17, 19, 27, 37; 6NYORR 380: Radiation Control PERMIT ISSUED TO Thomas Palmer ADDRESS OF PERMITTEE P.O.Box 218, Cutchogue, NY 11935 AGENT FOR PERMITTEE/CONTACT PERSON TELEPHONE NUMBER NAME AND ADDRESS OF PROJECT/FACILITY (If different from Permittee) 2050 Deep Hole Dr., Mattituck SCTM ~1000-123-04-005 LOCATION OF PRO[ ECTJFACILITY J COUNTY T O W N/C I~'~]JR~[~ j Mat t ituck Suffolk Southold UTM COORDINATES DESCRIPTION OF AUTHORIZED ACTIVITY Construct 3' x 53' catwalk, 3' x 6t ramp and 8~ x 16' floating dock. Construct 12' x 37' wood deck to rear of dwelling, 8' x 37' extension and 22' x 22' garage to front of dwelling and move existing 8.4t x 8.4' shed to west side of lot. Ail work shall be in accordance with the attached NYSDEC approved plan. GENERAL' CONDITIONS By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compli- ance with the ECL, all applicable regulations and the conditions specified herein or attached hereto. 1 The permRtee sha~l file in the office of the appropriate regional permit adminbtr,ator, or other office designated in the special eondRions, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in w~'iting of the completion of the work. 2. The permitted work shah be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if the public interest so requires pursuant to ECL §71~)301 and SAPA §401(3), 3. The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages, direct or indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and descrip- tion resulting from the said project. 4. The Depa_rtment reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when: a) the scope of the proiect is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found; or b) the permit ;'/as obtained by misrepresentation or failure to disciose reievent facts; or cl newly discovered information or significant physicat changes are discovered since the permit was issued. 5. The permittee is responsible for keeping the permit active by submitting a renewal application, including any forms, fees or supplemental information which may be required by the Department. no later than 30 days (180 days for SPDES or Solid or Hazarduous Waste Management permits) prior to the expiration date. 6 This permit shah not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work or as authorizing 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. 7 The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way which may be required for this project. 8 Issuance of this permit by the Department does not, unless expressly provided for, modify, supersede or rescind an order on consent or determination by the Commissioner issued heretofore by the Department or any of the terms, conditions, or requirements contained in such order or determination. 9 Any modification of this permit gray.ted by the D.~partment must be in writing and attached hereto. ueputy ~egional PERMIT ISSUANCE DATE PERMIT ADMINISTRATOR ADDRESS Bldg.40,SU~,~. 219 10/20/88 ' David DeRidder Stony Brook~ ~-f 11794 AUTHORIZED SIGNATURE ,~ .~,.~//.~/~.~ Page1 of cc: BMHP 95-20-6~a (1 I86)-- 25~ AODITIONAL GENERAL ~ONDIT~ONS FOR A...CLES 15 {Title $], 24, 25, 34. 36 and 6 NYCRR Par[~u08 { 10. That if future operations by the State of New York require an a~- ter~tion in the position of the structure or work herein authorized or if, in the epitaph 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 peoete of the State. or cause ]ess 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 15 thereby without expense to the State. and if. upon the expiration or revocation of this permit, the structure, fill. excavation, or other 16 modification of the watercourse hereb~ authorized shall not be com- plated, 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 capaci~ of the watercourse. No claim shah be made against the State of New York on account of any such removal or alteration. 11: That 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 cause~ 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. 12 Granting of this permit does not relieve the applicant of the responsi- bility of obtaining any other permission, consent or approval from the U.S. Arm~ Corps of Engineers, U.S. Coast Guard. New York State Office of General Services or local government which may be reouired, 13 All-necessary precautions shah be taken to preclude contamination of any wetland or wate~vay by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any ) other environmentally deleterious materials associated with the project. 14 Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or f]oodolain or deed holes that mav have a tendency to cause damage to nawgable channels or to the banks of There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the proiect hereby authorized has not been comoleted, the aDolicant 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 uncop]p_leted structure or fill and restore the site to its former condition.~No claim shall be made against the State of New Yor[ on account of anv such removal or alteration. 17. If granted under Article 36, this permit does not signify in any way that the project will be free from flooding. 18 If granted under 6 NYCRR Part 608 the NYS Department of Environ- mental Conservation hereby certifies that the subject proiect 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 (PE 95-217] provided that all of the conditions listed herein are met. 19 All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the oerm]t application. Such approved plans were prepared by Thomas Palmer on 8/26/88 SPECIAL CONDITIONS 1. No dredging is allowed. 2. Catwalk to be a minimum of 3' over grade. 3. No disturbance to tidal wetland vegetation is allowed. 4~ No construction debris or materials shall be all~wed to enter waterway. Supplementary Special Conditions (A) ~hro6gh (J) attached. Additional Supplementary Special Condition (M) attached. ! Page 2 of 4 <. -~: < 43' I Vt' Decr,.,~ &cccsr 14. , ~ FEB I 7 ~8~ ~ ._ I ~ e.t)v II