APPDX_I-_IFBSpecs-B_-0024.pdf

Appendix I.

Historical drawings

Bollard #5

Link to high-resolution scanned historic documents (88 pages)

Bollard #4

Link to high-resolution scanned historic documents (62 pages)

Bollard #3 http://www.leagle.com/xmlResult.aspx?xmldoc=1973473363FSupp110_1459.xml&docbase=CSLWAR1-1950-1985

UNITED STATES v. IRA S. BUSHEY & SONS, INC.

363 F.Supp. 110 (1973)

UNITED STATES of America v.

IRA S. BUSHEY & SONS, INC., et al.

Civ. A. No. 6380.

United States District Court, D. Vermont.

August 21, 1973.

George W. F. Cook, U. S. Atty., George R. Ciampa, Atty., Enforcement Branch, Rutland, Vt., for plaintiff.

Ryan, Smith & Carbine, Rutland, Vt., and Christopher E. Heckman, McHugh, Heckman, Smith & Leonard, New York City, for defendants Ira S. Bushey & Sons, Inc., Spentonbush Transport Service, Inc., and Tanker Hygrade No. 8, Inc.

Donald E. O'Brien, Burlington, Vt., for defendants Northern Oil Co., Inc., and Northern Terminals, Inc.

FINDINGS, OPINION and ORDER

OAKES, Circuit Judge (Sitting by Designation as District Judge).

FINDINGS

1. Defendant Ira S. Bushey & Sons, Inc. (hereinafter "Bushey"), is a New York corporation having offices at 764 Court Street, Brooklyn, New York.

2. Spentonbush Transport Service, Inc. (hereinafter "Spentonbush"), is a wholly-owned subsidiary of Bushey and a New York corporation having offices at 500 Fifth Avenue, New York, New York.

[ 363 F.Supp. 112 ]

3. The directors of Bushey and the directors of Spentonbush are the same persons, Francis B. Bushey, Ira S. Bushey and Raymond J. Bushey. The officers of Bushey and Spentonbush are substantially the same.

4. Defendant Bushey wholly owns approximately 40 corporations, each of which owns vessels used in the transportation of liquid cargoes; of these approximately 25 tugs and barges are capable of operating in the Vermont waters of Lake Champlain, a navigable water of the United States, and most of these vessels do in fact operate in Vermont waters. Among such vessels are Tanker Hygrade No. 8, owned by defendant Tanker Hygrade No. 8, Inc., and the tug Carmelite owned by defendant Tug Carmelite Corporation.

21. On April 30, 1967, tank barge Hygrade No. 30, owned by Tanker Hygrade No. 30, Inc., a wholly-owned subsidiary of Bushey, pumped approximately 14,500 gallons of jet fuel into the waters of Lake Champlain while discharging its cargo at the Northern Oil Terminal or dolphin in Burlington harbor.

(A) The Tanker Hygrade No. 30, Inc., started pumping around midnight.

(B) The pumping took six or seven hours but the strong odor of gasoline remained on the lake front for about 12 hours. A sticky petroleum product was present on the shore line and had entered several small bays. The petroleum product from the spill remained visible on the shore for several days.

(C) The spill was due to a leak in Northern Oil's pipe coming from the dolphin to the shore.

(D) But it may be inferred that the Tanker Hygrade No. 30 continued to pump jet fuel into Vermont waters of Lake Champlain for some time after the tankerman had reason to know of the leak, since the smell of vapor was strong enough to awaken a nearby resident.

23. On June 26, 1969, tank barge Hygrade No. 30, owned by Tanker Hygrade No. 30, Inc., delivered a cargo of jet fuel at Northern Oil Terminal dolphin in Burlington harbor;

caps or flanges were not placed on the ends of the pipe lines at the dolphin by the crew of the Tanker Hygrade No. 30, causing an oil or jet fuel spill into Vermont waters of Lake Champlain. The Northern Oil personnel were also negligent in not discovering that the caps or flanges were missing.

27. On June 1, 1971, the Hygrade No. 8, a tank barge owned by Tanker Hygrade No. 8, Inc., a wholly-owned subsidiary of Bushey, while moored in Burlington harbor at the dolphin owned by Northern Oil Company, Inc., was rammed by the tugboat Carmelite II, owned by the Tug Carmelite Corporation, a wholly-owned subsidiary of Bushey, which resulted in damage to the hull of the Hygrade No. 8, causing a spillage of about 5,000 gallons of gasoline into the Vermont waters of Lake Champlain.

(A) At the time of the accident, the officer in charge of the Carmelite II was Thomas Bradley. Bradley did not hold a pilot's license issued by the United States Coast Guard.

Bushey does not require such licenses, nor are such licenses required by the Coast Guard.

(B) Bradley consumed at least five or six beers between 12:00 noon and 6:00 p. m. just prior to the accident at 9:15 p. m. on June 1, 1971, and was under the influence of alcohol at the time of the accident. The accident was, however, negligently, not intentionally, caused.

(C) Neither Bushey nor Spentonbush had ever issued any orders to its tug or barge employees prohibiting consumption of alcoholic beverages prior to reporting to work.

(D) The gasoline spill from the Hygrade No. 8 came from a six-inch crack above the waterline of the barge.

(E) The slick caused by the spill was extensive enough to require the Burlington Fire Department to stand by on the beach. The Burlington Light Station and the Burlington Fire Department monitored the spill throughout the night of June 1 and 2, 1971.

47. An extensive oil spill can adversely affect the water system of the City of Burlington.

In December, 1964, an oil spill in Burlington harbor, in the area of the Northern Oil Terminal, damaged the water system to the extent that numerous complaints by water users were made to the effect that the water "tasted like kerosene." The Burlington City Health Officer was concerned about the possible toxic effect of oil additives. One of the two inlet pipes was turned off for a period of time to prevent further contamination of the Burlington reservoirs by the oil.

48. During the past five years, the nine oil spills in Vermont waters of Lake Champlain, involving Bushey controlled vessels, have either damaged, or presented a substantial risk of damage, to Vermont beaches, a major municipal water supply, and to waterfowl and fish, particularly in the Burlington-Shelburne harbor areas.

Phase I Archaeological Survey of Burlington Harbor in Lake Champlain

Dolphin 3 Permit, Page 2

Dolphin 3 Permit, Page 4

Dolphin 3 Permit, Page 5

Dolphin 3 Permit, Page 6

Dolphin 3 Permit, Page 7

Dolphin 3 Permit, Page 8