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TR-8001
i I James F.Kin President ��g11�FQ( c g� �O OG Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President c �� P.O.Box 1179 Dave Bergen A Southold,NY 11971 John Bredemeyer �A • � Telephone(631)765-1892 Michael J.Domino �Oj �,`a� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO. SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1 st day of construction % constructed 7Project: complete, compliance inspection .C 1/ 09 �r�r .,,. :".��111'�'%%/ry '�. ,"l\Q '%/%'>:``== - ,:ry�Q~'lr�r u.��,Q If"%'`�rr..�::: - .,�1if..1'l/l jen:`': ��.��i�lolo'eol��f E• � :�`�!:�{+n.3<'£��R°..'f �'•°��4,� ?i»�i'.,4.�" "�'�..°�4'V+Q ^S.?e"C•9.:%�..�''uT '�'�'�'F",d�' 54Xd'. .�L"':�6 `•"�• '�,"''4s�".'�2E"�k`�'•a � �"n""�?nv�r'�T' � f�- z :BOARD!OF SOUTHOLD-TOWN TRUSTEES ; SOUTHOLD,NEW YOR 4 A :i DATE: JANUARY 23; 2013 tee. PERMIT N0. 8001 ISSUED TO: RO.BERT NELSON.. PROPERTY ADDRESS: 2955 BAYSHORE ROAD. GREENPORT k.� SCTM#53-6-5 e.. j AUTHORIZATION r Pursuant to the provisions of Chapter 275 ofthe Town Code of the Town of Southold and in u r accordance with the Resolution of the Board of Trustees adopted at the meeting held on January 23,2013,and in consideration of application fee in the sum of WAIVED as per Town Board Resolution#2013-60 and subject to the Terms and Conditions as stated in theiResolution;the Southold Town Board of Trustees authorizes and permits the following.-, Wetland Permit to reconstruct+/-45' of existing bulkhead and existing returns that were damaged during Hurricane Sandy; usingCCA=treated piling.and stringers, °i and vinyl interlocking sheathing(C-Loc 9900 or equivalent); recoil i�uet storm damaged 4'x8'8" stairs to. beach; with the condition to establish and subsequently maintain a 10' wide non-turf buffer along the landward'edge of the bulkhead as ti r- previously approved; and as depicted on the project'plan prepared by Robert Nelson, ` 4 - received on:January.2,2013, and stamped approved on Januaryr 23,2013 and as also ,,+11 depicted-on the survey prepared by John.T_M04ger,Land Su)ryeyor,last dated June 29,20.11,andsta-mped approved on January 23,°20,13 i ff IN WITNESS WHEREOF,the said Board of Trustees.hereby causes its lCorporate,Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. -� CD Go } - •:,�,+e� col ,� ��o � �,t14,. �r '• � ":�C+a`"3w '.;.��.aa' 'A"`J:frtn'u`�u��7eu 7,ienveFiw'c�'sW+zS"tic.S�'8e`Yfu"2aZ' 'Sci�eSiuF,it2irsSiia`rr�r�n;'9,.:Eu"'Zd°e^"'i'7i`,Ymt"ia.'yG'�E`w'°°i.,(.ta`�fi`7".t`ie�"",a d�.s+�°,au'i`�'.i5e�,�"i'"'°Y,�".ei.�"�%i?.teii"S'�i�iA ar"�/nfi✓ata°�ri"R:i� .a�fd✓fia.Cu.+au3iaceu+n n ri le+e ele�N. y:ir/ejlo�i.�e.�%�� - r:yleleie elele.i�,;' .,. ti��ele0..el��e.r y�l��io%le.h�i�'�" � �lA:+�_:1°°r� - ''�'ioo„lii��•`'' TERMS AND'CONDITIONS The Permittee Robert Nelson residing at 2955 Bayshore Road Greenport,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages,or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will,at his or her own expense, defend any and all such suits initiated by third parties,and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town-of Southold. 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved,but should circumstances warrant,request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project,involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between.high and low water marks. 7. 'That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if,in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction-to free navigation,the said Permittee will be required,upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be requited supplemental to this permit,which may be subject to revoke upon failureto obtain same. James F.King,President so�ryo ' Town Hall Annex Bob Ghosio,Jr.,Vice-President e`o l0 54375 Main Road P.O.Box 1179 Dave Bergen Southold,New York 11971-0959 John Bredemeyer Michael J. Domino Ol ® �Q Telephone(631) 765-1892 Fax(631) 765-6641 ycou BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 23, 2013 r Mr. Robert Nelson 264 Court Street Brooklyn, NY 11231 RE: ROBERT NELSON 2955 BAYSHORE ROAD, GREENPORT SCTM# 53-6-5 Dear Mr. Nelson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 23, 2013 regarding the above matter: WHEREAS, ROBERT NELSON applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code,.the Wetland Ordinance of the Town of Southold, application dated January 2, 2013, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, in accordance with Chapter 268, said application was found to be Exempt . from the Local Waterfront Revitalization Program policy standards, and, .WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 23, 2013, 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, 2 WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town 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 town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of ROBERT NELSON to reconstruct +/-45' of existing bulkhead and existing returns that were damaged during Hurricane Sandy; using CCA-treated piling and stringers, and vinyl interlocking sheathing (C-Loc 9900 or equivalent); reconstruct storm damaged 4'x8'8" stairs to beach; with the condition to establish and subsequently maintain a 10' wide non-turf buffer along the landward edge of the bulkhead as previously approved; and as depicted on the project plan prepared by Robert Nelson, received on January 2, 2013, and stamped approved on January 23, 2013, and as also depicted on the survey prepared by John T. Metzger, Land Surveyor, last dated June 29, 2011, and stamped approved on January 23, 2013. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $50.00 VKY truly yours, s, James F. King President, Board of Trustees JFK/amn James F.King,President y Town Hall Annex Bob Ghosio,Jr.,Vice-President Q n' 54375 Route 25,P.O.Box 1179. Dave Bergen y �' Southold,NY 11971. . John Bredemeyer- raj $d Telephone(631)765-1892 MichaelJ.Domino Fax(631)765=6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: sm Please be advised that your application dated 2 v7 has been reviewed by this Board at the regular meeting of 23 3 . and your application has been approved pending the completion f the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1s� Day of Construction ($50.00) Y 2 Constructed ($50.00) Vl Final Inspection Fee ($50.00). Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable.to Town of Southold. The fee is computed.below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Rn 6� � TY) C �'b r) TOTAL FEES DUE: $ SO, BY: James F. King, President Board of Trustees Mac it N ad ----------------- APPROVED BY _ ti BOARD OF TRUSTEES �� f TOWN OF SOUTHOLDN[ ,r t M � 1� rA -DATE Tr lva 1 P O N. F Dk Pk0f05' �E.�.�,����"', �'�.,.TIvN Ca � �U��f•I�t��� �hl� ,5�.�la�,5 "� 755' SA %SPop.e /Zol N SURVEY OF PROPERTY b AT ARSHAMOMOQ UE TOWN OF SOUTHOLD Nl NOszs �,-- SUFFOLK COUNTY, N. Y, OW 1000-53-06-05 e ft s Stub G LE SC . A E 29,12020' Ile 50 Vol pkN c l��u+X NNE 'co . 12• = cD„�i. a 6� (ACNE) M N66,Og 00��s)�� A " +�G6 �NwJ �N6913k�d, E .._-.nC y= E S ll (10 \6 MEN 58 415 s} Ulx i i r Pf �1 62 12•Z 9. '3. F Tar? Z. D 2 Ti ;1.2 fF, ; x 9 /x 2G58 N `_i V +! L J w V.10 APPROVEDBY vol BOARD OF TRU T t"" Teivni SEES e�=- t;i a,=_ .� - 9� `f- TOWN OF SOUTHOLD 0 DATE 23 /3 ,00"vr S 52 � S66.Og L° 1; \ ELEVA TIONS REFERENCED TO N.G.V.D. 29 LOT NUMBERS REFER TO 'AMENDED MAP A — PECONIC BAY ESTATES' FILED IN THE SUFFOLK COUNTY CLERK'S �A �:,•.; �-�y�' F. LANE OFFICE AS MAP NO. 1124. ~°� �a` N0. 49618 ND ANY AL OR ADD177ON TO THIS SURVEY IS A VIOLATION I,A ECONIC RI/EYORS, P.C. IS OF SEC77ON 7209OF THE NEW YORK STATE EDUCA77ON LAW. 631) ( )F11-166 765-5020 FAX 631 765-1797 EXCEPT AS PAREA=6,655 SO. FT-1. HEREON AREEVALID FOR THIS MAP ANDS COPIES THEREOFnONLY 1FS P.O. BOX 909 TO TIE LINES SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR - 1230 TRAVELER STREET WHOSE SIGNATURE APPEARS HEREON. ' SOUTHOLD, MY 11971 tom-© �. � C7 �Skor� Roo-A. lTre_evl 0f"� N NN,. SURVEY OF PROPERTY p v.-V. k b AT ARSHAMOMOQ UE V5 TOWN OF SOUTHOLD SUFFOL•K COUNTY, N.Y. 1000-53-06-05 5 N ti3 SCA.L& V—_20' DUNE 29, 2011. *ag tJ tio.$} N�co is�NEp1_OlO f0. 5 i'� �hoto n,rs) ► }tad N� � 4 (10 lor FRO T v0 �8 ld l •�' q e1E0 }��6' �� 3 rn ' �/ ��/ ii f j'' 50 sc 6�g00 Vol Is ELEVA77ONS REFERENCED TO N.G.V D. 129 LOT NUMBERS REFER TO "AMENDED MAP A - PECONIC y i BAY ESTATES FILED /N THE SUFFOLK COUNTY CLERKS sx. ,;;..aa�': •. W A OFFICE AS MAP NO. 1124. D ytF+ ANY ALTERATION OR ADDITION TO THIS SURVEY IS A NOLAVON N:--T.$-^LINO. 49618 I' OF SECTION 72090E THE NEW PORK STATE EDUCAAON LAW. AHCC YORE P.C. EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CER77FTCA77ONS ) 765-5020 FAX 631 765-1797 A=6,655 SO. FT. s31 � � HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P.O. BOX 909 TOME LINES SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET WHOSE SIGNATURE APPEARS HEREON, SOUTHOLD, N.Y. 11971 11-166 Peter Young,Chairman y - Town Hall,53095 Main Rd. Lauren Standish,Secretary P.O.Box 1179 �► '� Southold,NY 11971 Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 16, 2013 the following recommendation was made: Moved by Doug Hardy, seconded by John Stein, it was RESOLVED to SUPPORT the Wetland Permit application of ROBERT NELSON to reconstruct bulkhead and stairway using CCA treated pilings and stringers and vinyl interlocking sheathing. Located: 2955 Bayshore Rd., Greenport. SCTM#53-6-5 Inspected by: Doug Hardy, John Stein Vote of Council: Ayes: All Motion Carried E000VE JAN 1 8 2013 Southold Town Board of TTLISt0(% 1 r on x r>e rlit r � _1 • - I r fr fir.�� �� � _ •� Z e� �` �� a "Xoo'l' so coLtl1 �c � S�tor � {�Odd�� trreevl�7cl�� `:F w 77 CIO PdLim- d mr a^ 6 �ro ,y: v�or-+ �9�5 8a�s�are Ro f �i ate. s s s `< v� .3 AF 9 r y '2Vrn.i _ All I; " ,^ r li lillllll� 31 laJ_Z'l/� � �ai � �ac��� S� c,��� ��5 3ow�s�ore Ro�J� i j' a si �,.r3 Pi 6 0 4, , �otsko ooll GireQtip� � s �r 2. r; sib r; WNW\ v \y w Pvlb'l0 � (�� S 1-oc�icc�l� <�c��rotic ,,���)/ �acrv�� SC�iA.�VI� S �OWivt� DilJ�1Ll�a� czv�cQ S I ai��7�, LVl�act F 3 ' I'I I < 107 IMF NEEL H a SUFFQ(,� James F.King,President �p� CpG P.O.Box 1179 Bob Ghosio,Jr.,Vice-President y� Southold,NY 11971 Dave Bergen y Telephone(631 765-1892 John Bredemeyer ,+, Fax(631)765-6641 Michael J.Domino Southold Town Board of Trustees Field Ins pection/Worksession Report Date/Time: ROBERT NELSON requests a Wetland Permit to reconstruct +/-45' of existing bulkhead and existing returns that were damaged during Hurricane Sandy; using CCA-treated piling and stringers, and vinyl interlocking sheathing (C-Loc 9900 or equivalent); reconstruct storm damaged 4'x8'8" stairs to beach. Located: 2955 Bayshore Road, Greenport. SCTM# 53-6-5 Type of area to be impacted: _Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _Chapt.275 Chapt. 111 other Type of Application: Wetland _Coastal Erosion _Amendment Administrative_Emergency Pre-Submission Violation Info needed: Modifications: i Conditions: Present Were: King,, B.Ghosio 'D. Bergen, U-J-1BredemeyerMichael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: SEESEC.N0-5-97 - - �y'1 11-12-69 w]cN uuE as,m I�l Q• SEE SEC.NO.Ws -- 1 wtCn uNE SEE SEC.NO, 14J d —oF �' 1omaJ Lot a 5 sOUTHOLO ` + 2ea0S 1] y2 I ]94 C EEE6EG.N0. Pl . I, @.e5.ee is O t s� 1a aU J NFpk t tarn 1 NOF r s Is sou non OF suFFO1x _ p1BERTS �- -'n`= °+a ` 2sA..-•. ne , s b e'. oo nnay' 4 2 ' 11. to O o e wuTHOLD 14.1 .it q>J - mt�nOFso�u]nofo 4 CREEK- _— "' F • _ - -, C - Z iiA S1A(c) i t 1i w � 3� So d • Q, .+'M .'}' B x�o rAf lk s9 0 � � y - �d Q ♦b�.♦ ♦°'3v w �'�s o.' . ♦� + "c�tb/ T- • a �r w . afle w �0.' F oa Pu.xa. NJO. z -----ONE LATCH pR- a SEESEC.N0.051 SEE SEO N0.0&! SEESEC.N0.057 8s0i r �, -'','+"�• (STJ n ♦ °� � tSUxe �. v e � _�_ + R9 - - �-_ ^�� m NOTICE oor, COUNTY OF SUFFOLK © e t,F aliu]xOtn SECTION NO tr �°� ��� ,,, RealProperly Tax Service Agency Y rmsu. wneel.e E w.rwu° uum Cmmry CerWr N°w1mC,NY11ve, ® m •° �'••` wnewucEAtmwmtwsm �` ^^'°" osmmnuxaiunronlv,nle 53 q�� lxwrwmrs 1e Erin a �t�'.HB:a � ..•ea#._:-' ..1t1�e.-� .-.-ia� — -.-.+_w�;- ]iYe�2• .ems.-rt�R� .. _' .-� .>_.. -._ _..w. ,-. r� ...r ..mite -tin, >�.+Wt":'a:::cultr n-�a'..d14"iVc.Yrtl6:�m'i=- - v3w._--..-�„^�... _ - PNOPEttTY MAP —ma's<SEE6FL N0 mOM1w2sa Ei[ \'_ w ,-0 rF .-�- -- 1,T=�_ --— '-��aTwia; __. Confirmation Receipt re: NOI General Permit for 2955 Bayshore Rd. From: SandyR1 <SandyR1@gw.dec.state.ny.us> To: Robert Nelson Subject: Confirmation Receipt re: NO[ General Permit for 2955 Bayshore Rd. Date: Nov 27, 2012 12:15 PM Attachments: General Permit GP-0-12-006.secure.pdf Subiect• General Permit GP-0-12-006 - Hurricane Sandy General Permit This confirms our receipt of your Notice of Intent for GP-0-12-006 which is the General Permit authorizing recovery and repair work associated with storm damage from Hurricane Sandy. A copy of the General Permit is attached and it is also available on DEC's webpage,http:,.,"..,"-,i�vw.dec.ti�.gov/public/76659.htini. Please ensure that those doing the actual work understand and comply with all terms and conditions of the General Permit. Any failure to conform with the scope of activities and conditions of this permit shall be treated as a violation of the Environmental Conservation Law If you have questions or encounter unforeseen problems during the course of the work,contact the Regional Permit Administrator for your county: For Nassau and Suffolk Counties: NYS DEC REGION 1 Regional Permit Administrator SUNY @ Stony Brook 50 Circle Road Stony Brook,NY 11790-3409 (631)444-0365 fax: (631)444-0360 email: rldepi'�e,,gw.dec.state.nv.us Or Contact: NYS DEC Division of Environmental Permits 625 Broadway Albany,NY 12233-1750 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Now General Permit Number GP-0-12-006 PERMIT Under the Environmental Conservation Law (ECL) GENERAL PERMIT GP-0-12-006 Hurricane Sandy General Permit Permittee and Facility Information Permit Issued To: Facility: Affected Landowner Location Listed on Notice of Intent Applicable DEC Region(s): 1 ,2,3 General Permit Authorized Activity: General Permit for repair of damages resulting from Hurricane Sandy. Description of Authorized Activities: 1. Stabilization of existing functional storm-damaged dwellings, decks and walkways with temporary bracing and pilings; 2. Construction of a single 4'wide access walkway to access damaged dwellings; 3. Installation of up to four rows of sandbags or 1 cubic yard sand cubes at the toe of storm damaged structures or eroded escarpments; 4. Placement of sand and/or material equivalent to existing material at the toe of eroded escarpments; 5. Repair or reconstruction of stairways that were functional before Hurricane Sandy; 6. Re-grade eroded dunes; 7. In-kind/in-place repair or reconstruction of bulkheads and shoreline erosion structures that were functional before Hurricane Sandy; 8. Repair or.reconstruction of existing public roads,bridges,utilities and other public infrastructure. All work shall be done according to the permit conditions contained herein. Permit Authorizations Tidal Wetlands- Under Article 25 Effective Date: 10/31/2012 Expiration Date: 10/31/2013 Excavation &Fill in Navigable Waters-Under Article 15, Title 5 Effective Date: 10/31/2012 Expiration Date: 10/31/2013 Water Quality Certification-Under Section 401 -Clean Water Act Effective Date: 10/31/2012 Expiration Date: 10/31/2013 Coastal Erosion Management-Under Article 34 Effective Date: 10/31/2012 Expiration Date: 10/31/2013 Page 1 of 6 AM lubi NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION General Permit Number GP-0-12-006 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. General Permit Authorized by Permit Administrator:JOHN J FERGUSON , Chief Permit Administrator Address: NYSDEC HEADQUARTERS 625 BROADWAY ALBANY,NY 12233 Authorized Signature: Date: 10/31/2012 Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION.SPECIFIC,CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS -Apply to the Following Permits: COASTAL EROSION MANAGEMENT; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS; TIDAL WETLANDS 1. 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 the applicant and/or an authorized representative. 2. In-kind,In-place Repair or Reconstruction Existing bulkheads,walkways and shoreline erosion structures that were functioning at the time of the storm damage may be repaired or reconstructed in- kind and in-place of the existing structures.No expansion or seaward extension of bulkheads or shoreline structures is authorized by this permit. 3. Repairs to Structures All repairs to existing structures shall be confined to replacement of existing elements with no change in design, dimension or materials,unless specifically authorized by this permit. 4. Stairway Design The stairs and landings shall be a maximum of 4.feet in width and constructed a minimum of 3 feet above grade over the dune/bluff face. Page 2 of 6 chow NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION General Permit Number GP-0-12-006 5. Backfilling All peripheral berms, cofferdams,rock revetments, seawalls, gabions,bulkheads or other approved shoreline stabilization structures shall be completed prior to placement of any fill. . material behind such structures. 6. Equipment Operation Equipment operation below the high tide line is strictly prohibited. The storage of construction equipment and materials shall be confined to the project work area and areas more than 100 feet from the high tide line. 7. Sanitary Systems This permit does not authorize filling or re-grading of exposed sanitary systems. Landowners must apply for separate permits to perform repairs or reconstruction to sanitary systems. 8. Hydraulically-filled.Sandbags, Sand Cubes and Geotubes Hydraulically-filled sandbags, sand cubes and geotubes are strictly prohibited. 9. Beach Excavation Prohibited for Fill Excavation of the beach or dune for the purpose of obtaining fill material is prohibited. Sandbags may not be filled using sand from the beach or dune areas.'. Sandbags must be filled with clean sand; no debris or deleterious materials are allowed. 10. Sandbag and Sand Cube Installation Sandbags and sand cubes must be installed no more than four rows deep and a maximum of three rows high. 11. Removal of Sandbags and Sand Cubes Sandbags and sand cubes must be-removed within 120 days of installation, or a separate DEC permit to allow the structures to remain permanently must be.. obtained. 12. Tidal Wetland Vegetation There shall,be no disturbance or damage to vegetated,tidal 'Wetlands'-or dune vegetation as a result of the work performedunder this permit.All necessary precautions must be taken to prevent damage'or disturbance to these vegetated-areas.. , 13. Construction Debris All construction debris shall be cleaned up at the end of each work day and disposed properly.No debris is permitted in tidal waters or the beach areas., 14. Asian Longhorned Beetles Any tree debris within New York City,Nassau or Suffolk counties Y pp. _ _ shall be disposed of b chipping to less than l inch-in any two dimensions,then used as mulch, erosion control,building agent;vr fuel.Wood may only be,moved-from Asian Longhorned Beetle quarantine areas under a permit from the NYS Department of Agriculture and Markets (http://www.6griculture.ny.gov/PI/alb.html). 15. Least Terns and Piping Plovers All recovery and repair work occurring in open, sandy beach areas must cease on March 31, 2013 to protect potential habitat for Least Tern and Piping Plover,unless otherwise authorized in writing by the Department. .16. No Dredging or Excavation No'dredging, excavating or other'alteration of shoreline or underwater areas is authorized by this permit,nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 17. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. Page 3 of 6 Aft oboi NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION General Permit Number GP-0-12-006 18. 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. 19. 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. 20. State May Require Site Restoration If upon the expiration or revocation of this permit,the project hereby authorized has not been completed,the applicant shall,without expense to the State, and . to such extent and in such time and manner as the 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. 21. ,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. WATER QUALITY CERTIFICATION-SPECIFIC CONDITIONS ,; 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217)provided that all of the conditions listed herein are met. GENERAL CONDITIONS - Apply to ALL 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). Page 4 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION General Permit Number GP-0-12-006 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 informing 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 maybe 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. Page 6 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION General Permit Number GP-0-12-006 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. 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 625 Broadway Albany, NY 12233-1750 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,Excavation& Fill in Navigable Waters,Water Quality Certification, Coastal Erosion Management. 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. Page 5 of 6