00 90 02 PARKS Permit Attachement.pdf
PDF 202 KB Posted
- Attached to
- Maintenance Dredging, Hudson River, NY Federal Navigation Project, Port of Albany Turning Basin Dredge Area
- Solicitation number
- W912DS21B0007
About this file
This document is a project access permit issued by the New York State Office of Parks, Recreation and Historic Preservation granting permission to the U.S. Army Corps of Engineers to utilize an existing access road and trail for transporting equipment to support maintenance dredging of the Hudson River navigation project at the Port of Albany turning basin dredge area. The permit allows use of the road and trail solely for limited transport of equipment and does not authorize hauling or removing dredged materials via these routes. It requires coordination of all planned passages with the designated state parks representative and provision of at least one week advance notice. Insurance and indemnification requirements also apply under the terms of this permit, which is valid from July 1, 2021 through August 1, 2022.
View the file
Other files
Show all 48
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
ANDREW M. CUOMO ERIK KULLESEID
Governor Commissioner
PROJECT ACCESS PERMIT
Permittee
Permittee Name
Permittee Address
Region Saratoga/Capital District
Site Schodack Island State Park
Permittee Contact
Permittee Contact Person.
Telephone: Contact Phone Number.
Email: Contact Email
State Parks Contact Christopher More
Telephone: 518 584 2000 x202
Email:
Christopher.More@parks.ny.gov
Federal EIN Permittee Federal EIN
Start Date 7/1/2021
Fee $0.00. End Date 8/1/2022
Permittee must provide current proof of compliant workers’ compensation and disability benefits insurance upon signing.
The grant of this Permit is a Type II action under 6 NYCRR §617.5(c)(18) and not subject to review under the State Environmental
Quality Review Act. However, permittee must provide the following documentation prior to issuance of this permit:
(1) written confirmation from State Parks’ Division for Historic Preservation that its activity will not impact historic resources, including archeological resources
(2) written confirmation from State Parks’ Division of Environmental Stewardship and Planning that its activity will not impact natural resources identified under the New York Natural Heritage Program or impact an area that has received by funding from under the federal Land and Water Conservation Fund
Required Attachments: ☐Premises map showing project work area and access routes and/or staging areas
Upon the following terms and conditions, the New York State Office of Parks, Recreation and Historic Preservation (“State Parks”) hereby grants Permittee permission to use and occupy the areas shown on the attached map (the “Premises”) for:
☒access to Permittee’s off-site project ☐staging of construction equipment for Permittee’s off-site project
This Permit does not allow Permittee to undertake any construction or other work on State Parks property, or convey to Permittee any interest in property. Permittee acknowledges that the Site is public non-residential space and that State Parks grants only a right to use “as is/where is” and without warranty.
Section 1. Conditions of Use
(a) Permittee shall obtain all required permits related to its use of the Premises and provide copies of such permits to State Parks.
(b) Permittee shall control access to its staging areas and provide safety fencing around all staging areas.
(c) Permittee shall remove and dispose of all waste and refuse generated by its use or occupancy of the Premises.
Section 2. Protection of Park Resources
(a) Permittee shall protect any existing utilities and structures, and shall repair, replace, or rebuild any part of the Premises, or any improvements thereon, damaged or destroyed by the actions or omissions of the Permittee.
(b) Permittee shall take care to protect all existing trees on the Premises. Permittee may only cut or trim trees to the extent permitted by
Section 9; if Section 9 contains no provision for the cutting or trimming of trees or shrubs, Permittee shall not engage in such activities.
(c) Permittee shall restore disturbed areas of the Premises to as close to their original condition as possible by proper grading, topsoiling, and seeding. Such restoration is subject to State Parks’ approval.
Section 3. Coordination with State Parks
(a) Permittee shall coordinate the timing of its use with name of State Parks contact person and give State Parks forty-eight hours advance notice prior to the start of use.
(b) Permittee shall comply with all reasonable requests made by State Parks.
Section 4. Indemnification
Permittee agrees to defend, indemnify, and hold harmless the State of New York, State Parks, and their officers, employees, and agents from and against any claims, damages, losses, and expenses that may arise from this Permit or from Permittee’s use of the Premises.
Section 5. General Liability Insurance and Proof of Insurance
(a) Permittee shall obtain general liability insurance at its own cost and expense from a company licensed to conduct business in the State of New York. Such insurance policy shall name the State of New York, State Parks, and their officers, employees, and agents as an additional insured; have a liability limit of at least $1,000,000 each occurrence and $2,000,000 general aggregate; and be endorsed to provide written notice to State Parks at least 30 days prior to cancellation, non-renewal, or material alteration.
(b) Prior to the start of the term of this Permit, Permittee shall deliver to State Parks an ACORD 25 Certificate of Insurance and ACORD
855 Addendum evidencing the coverage required by this Permit.
(c) Permittee shall require that all its contractors and sub-contractors meet the insurance coverage requirements set forth in this Section.
(d) Section 8 notwithstanding, State Parks may terminate this Permit without advance notice if Permittee fails to comply with the insurance requirements of this Permit.
Section 6. Revocation
If at any time during the term of the Permit, State Parks needs the Premises for the performance of its public purposes, State Parks may revoke this Permit by giving Permittee 10 days’ notice in writing. Upon the date fixed in such notice, this Permit shall come to an end as if said date were the date originally fixed in this Permit for expiration.
Section 7. Termination
In the event Permittee violates any applicable statute, law, rule, or regulation or does not comply with the terms and conditions of this
Permit, State Parks may terminate this Permit by giving Permittee 10 days’ notice in writing by regular mail or email of its intention to do so if the violation is not cured.
Section 8. General Conditions
(a) State Parks may inspect the Premises at any time.
(b) State Parks is not required or obligated to make or undertake any repairs, improvements, or maintenance work of any kind.
(c) Permittee shall comply with all applicable federal, State, and local laws, ordinances, rules, and regulations. If Permittee fails to do so, State Parks may enter the Premises and take whatever steps are necessary to achieve compliance and may bill Permittee for the cost and expense of doing so; Permittee shall pay State Parks any amount billed within 30 days of the billing date.
(d) Permittee acknowledges that the waiver by State Parks of any term or condition of this Permit is not a waiver of any other term or condition, nor is it a waiver of the subsequent breach thereof.
(e) Permittee shall not assign or transfer this Permit. State Parks and Permittee understand that Permittee’s contractors and sub-contractors are entitled to access and use the Premises for the purposes described herein, subject to the conditions of this Permit.
Section 9. Special Conditions
1. USACE and its contractors will utilize the access road and trail in its existing condition. Widening of the trail, the placement of fill in the trail, or the creation of a new trail will be prohibited. The clearing of fallen or overhanging trees, which are obstructing passage on the trail, will be permitted. Where necessary and possible, earth moving equipment will perform minor grading (e.g. back-blading) of the existing trail during demobilization.
2. USACE and its contractors agree to coordinate all planned passages with Parks prior to the scheduled use of the access road and trail. A minimum 1-week advance notice will be provided to Parks designated representative.
3. Under this permit, the road and trail will be used solely for the limited transport of equipment. The access road and trail will not be used to haul/remove dredged materials from the DMPS on Houghtaling Island.
4. It is our understanding that the bald eagle nest that overhung the access trail at the land connection between Lower Schodack
Island and Houghtaling Island remains inactive and abandoned. Based on this information, we presume that there will be no seasonal restrictions imposed on the use of the access trail to avoid impacts to bald eagles.
Accepted by: Permittee Name
By: _____________________________________________ Date: _______________
Title: ___________________________________________
Issued by: THE PEOPLE OF THE STATE OF NEW YORK
Acting by and through the Commissioner of Parks, Recreation and Historic Preservation
By: ____________________________________________ Date: _______________
Alane Ball-Chinian, Regional Director
File details come from the government source that posted it. Updated .