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D.C.H Auto Group RECEIVEID (OORBALLY ('31ARTLANDAN 1,F',YEA il_"'4�3 ZONING ADMINISTRATOR 70VVN OF WAPPJN(3ER C6 I A B LES ), COR P A[A Y (1966) A I I ER I TA G E' OF L F(;A 1, C:0t. N S P"1, Admimmalor 1011N 1. OARTLAND, JR. (2003) CAR01 A,',,N NFVILLE ALLAN F, RMTLE,)EA 12010) 10N HOLDEN ADMMS Regional Ojfk�5 NflCHAEL (.1 GARILAN11 30 FRONT STREEJ VINCENT L. UFMASE [AARDAVON BUH DIN('i 1'0 BOX 179 PAUL 0 S,U I L I VA N (also 11) 35 MARKFSTREET """"RO-1K, N1' V2545 WILLIAM F. BOGLE,JR. NY 8200 -3263 845 677-5539 TF.[, RENA MUCKENHOUPT O'CONNOK ALLAN B. RAPPLEYE,% (,d.,,,6T) 845-454-11 t(7 T�'L845-454-4857 FAX 40 677 6297 FAX LEAH j BALASSONE E-MAIL: KAREN E. HAGTRDM WWW.CGRLAW.a,oNl 6.169 mll�[L S'11IFP.T WILLIAM W. FKAML F10 Box 366 KMSTEN L. CIWQUE� M (Nfe5EUK, NY 12572 845-R7&.4091 TFL Offounsel 845,876 7192 6�AX RICHARD V. CORRALLY August 3, 2012 BY APPMNTKIPtiT: Barbara Roberti (.::LEARWATFR, FL 34617 Town of Wappingers 20 Middlebush Road Wappingers Falls, NY 12590 Re: DCH Investments Inc. and Greer Nine Realty Corp Dear Barbara: Enclosed please find the original recorded documents which have been recorded in the Office of the Dutchess County Clerk on the dates provided below: Declaration Establishing Maintenance Covenant for Wetland Buffer Mitigation Area recorded on June 6, 2012; Declaration of Restrictions and Covenants recorded on June 13, 2012; and Conservation Easement recorded on July 19, 2012. If you have any questions, please contact me. Thank you. Very truly yours, CORBAI,L,Y,,,,Ci)r LA D AND RAPPLEYI.�,A, LLP By: JON HOLDEN ADAMS JlfA:jh Enclosures cc: Rita Campanile ILL L`fUG ae 2012 F WAPPINGER WN-CLERK Dutchess County Clerk Recording Page Record & Return To : Date Recorded : 06/13/2012 : CORBALLY GARTLAND & RAPPLEYEA Time Recorded 3:39:00 35 MARKET ST Document#:02 2012 2559 POUGHKEEPSIE, NY 12601- Received From : CORBALLY GARTLAND & RAPPLEYEA Grantor : GREER NINE REALTY CORP /Grantee : GREER NINE REALTY CORP Recorded In : Deed Tax District : Wappinger Instrument Type : DECLAR Examined and Charged As Follows : Recording Charge : $70.00 Number of Pages :6 Transfer Tax Amount : Transfer Tax Number: Do Not Detach This Page ** This Is Not A Bill Red Hook Transfer Tax : E &AForm: N TP-584 : N County Clerk By : cha 1 Receipt# : R32462 Batch Record : B40 Bradford Kendall County Clerk 0220122559 ; J11 to DECLARATION OF RESTRICTIONS AND COVENANTS This Declaration of Restrictions and Covenants made the 5th day of April, 2010, by Greer Nine Realty Corp., a New York Corporation, located at 16 / Bannerman View Drive, Newburgh, New York 12550 and Schunzel Inc., located at 16 Bannerman View Drive, Newburgh, New York 12550 (collectively ✓ "Declarants") affecting real property in the Town of Wappinger, Dutchess County (the "Town") as more particularly described in Schedule A annexed hereto and made a part hereof(the "Real Property"). WHEREAS, Declarants are the owners of the Real Property which is leased to DCH Investments Inc. (the "Tenant") under a long term lease, and WHEREAS, the Real Property is the subject of an application for site plan approval before the Planning Board of the Town of Wappinger (the "Planning Board"), which site plan, as to the Real Property, contemplates the construction and use of a commercial building for the undersigned Tenant extending into and over portions of both of the parcels described in Schedule "A," and WHEREAS, the Planning Board, as a condition of its approval, has requested that this Declaration be made to assure, so long as the commercial structure as described hereafter shown on the approved plan is maintained and used, that the commercial structure be used as a single building notwithstanding its construction on two separate lots with different ownership. NOW, THEREFORE, in consideration of the covenants contained in this Declaration, it is agreed by the undersigned Declarants as follows: 1. The commercial showroom and repair building shown on the approved site plan denoted as "Amended Site Plan for Service Center and Showroom" dated Sept. 9, 2008 and last revised February 9, 2009 as prepared by Lawrence Paggi, PE and associated sheets thereof, and any revision as authorized by the Planning Board, shall extend over Declarants' two parcels described in Schedule "A" and shall be used as a single building for the use authorized by the approved site plan until such time as the building is demolished or until the site plan for the Real Property is amended or a new site plan is approved or a certificate of occupancy permitting a different use is issued. Schedule A All that parcel of land situated in the Town of Wappinger, Dutchess County and more fully described as Parcel 1 in a deed to Greer Nine Realty Corp dated December 28, 1990 and recorded January 16, 1991 in the Dutchess County Clerk's Office in Deed liber 1833 cp All that parcel of landsituated in the Town of Wappinger, Dutchess County and more fully described in a deed to Schunzel .Inc, dated December 15, 1996 and recorded in the Dutchess County Clerk's office on January 28, 1.997 in deed liber 1.899 cp 539. 2. In the event of the termination of the leases between Declarants and Tenant affecting the Real Property, this covenant and restriction shall remain binding upon the Declarants. 3. At such time as both parcels described in Schedule "A" are purchased by the Tenant,. or any other third party, the purchaser shall consolidate the two parcels described in Schedule "A" into a single parcel. Declarants or its successors may consolidate such parcels at any time. 4. This agreement is for the benefit of the Town which shall have the power to enforce the same and to recover, in the event of judgment obtained against Declarants, reasonable attorneys' fees. 5. This Declaration shall be binding upon the successors and assigns of the Declarants and of the owners or Tenants of the Real Property described in Schedule "A." 6. This declaration may be executed in one or several counterparts which together shall constitute the Declaration. 7. The covenants and restrictions of the Declarants shall terminate and be extinguished upon consolidation of the two parcels described in Schedule "A" into single ownership, IN WITNESS WHEREOF, the Declarants and Tenants have signed and acknowledged this Declaration the date acknowledged above. GREED NINE REALTY CORP. By: Cynthia Greer, Vice President SCHUNZEL, INC. By: Cyntfiia Greer, President DCH INVESTMENTS INC. By: resident STATE OF NEW YORK COUNTY OF DUTCHESS )SS.: On the,5- day of April, 2.010 before me, the undersigned, a Notary Public in and for said State, personally appeared Cynthia Greer, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individ I or the person upon behalf of whi the instrument. TERRY J BEUU NotfjfY Publ�c �Slate fo New YO* EM No .01 BE6140303 I ( �V4 Qualified in Oran ,11�our 0 Not'a'ry Public My commission Expires., OF NEW YORK COUNTY OF DUTCHESS )SS.: Ir" On the ? day of April, 201 me Q e the undersigned, a Notary Public, in and for said State, personally appearedMOT 4q �e-41 , personally known to me or proved to me on the basis of satisfact 'y evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in her/his capacity and that by her/his signature on the 1 strument, the individual or the person upon behalf of which the individual acted, exe ted the instrL ment. N ' ERRy j BE0011 to Ne rk Slatp- fo New York Y Pa -�()303 &-oMf/y"Public NO.0 1 BE6140303 Qkjalified in oran ogtNy 6,Q, My Comnnission Exp4es STATE OF NEW JERSEY } COUNTY OF &-- AeO }SS.: On the 1�day of April, 2010 before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidenA to be the individual whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in her/his capacity and that by her/his signature on the instrument, the individual or the person upon behalf of which the individual acted, a cuted the instrument. Karen Mallaghan ""� Notary PublicState of New.terse Notary Public No. 232°932' Y Commission Expires 8/8/2010 07779-46044/546178.3 Dutchess County Clerk Recording Page Record & Return To Date Recorded 07/19/2012 Time Recorded 3:22:00 CORBALLY GARTLAND & RAPPLEYEA 35 MARKET ST Document# :02 2012 3193 POUGHKEEPSIE, NY 12601- Received From : CORBALLY GARTLAND & RAPPLEYEA VGrantor DCH INVESTMENTS INC Grantee WAPPINGERS TOWN Recorded In : Deed Tax District : Wappinger Instrument Type EASE Examined and Charged As Follows Recording Charge $95,00 Number of Pages : 10 Transfer Tax Amount $0.00 Transfer Tax Number : #4962 Do Not Detach This Page This is Not A Bill Red Hook Transfer Tax E &A Form: N TP-584 : Y County Clerk By ksw Receipt# : 839652 Batch Record C33 Bradford Kendall County Clerk 0220123193 lop . CONSERVATION EASEMENT- THIS DECLARATIONCONSERVATION EASEMENT, is made as of the DCH Investments Inc. (New York) ay of February, 2010 (the "Grantor"), a New York Company with offices at 955 Route 9N, South Amboy,New Jersey 08879, for the benefit of the Town of Wappingers (the "Holder"), a New York municipal corporation having its office at 20 Middlebush Road, Wappingers Falls,New York. WHEREAS, Grantor is the owner in fee simple of parcels of real property located in the Town of Wappingers, County of Dutchess, and State of New York, which parcels are more fully described in Deed Document 1550 for 2005 of the Dutchess County Clerk, and WHEREAS,pursuant to the condition of approval(the Permit) by the Town of Planning Board (the Planning Board), Grantor is required to provide a conservation easement encumbering the Protected Property; and WHEREAS, Grantor desires to declare, create and convey to the Holder a Conservation Easement placing certain limitations and affirmative obligations on the Protected Property for the protection of open space wetlands, scenic, resource, environmental, and other values, and in order that the Protected Property shall remain substantially in its natural condition, in perpetuity; and WHEREAS, the purposes of this Conservation Easement include, without limitation, ensuring the availability of real property for preservation of the open space wetlands within the Protected Property and ensuring that future activities in the adjacent areas of the Protected Property will be undertaken in a manner that does not undermine nor impair the condition of the protected open space wetlands; and WHEREAS, the term"natural condition" shall mean the existing condition of the Protected Property, subject thereafter to natural succcessional processes. The natural condition of the Protected Property shall be evidenced by photographs of the site taken contemporaneously with the delivery of this easement, which photographs have also been delivered to the Holder. NOW, THEREFORE, for the foregoing consideration, and in further consideration of the restrictions, rights, and agreements herein, Grantor hereby creates, gives, grants, bargains and conveys to the Holder a perpetual easement in,to, over and across,the Protected Property for the purposes of preservation,protection, maintenance and conservation of the wetlands within the Protected Property. 1 A. RESTRICTIONS These Restrictions on the Protected Property shall run with the Protected Property in perpetuity, and be binding on Grantor and its respective successors, assigns, lessees, or other occupiers and users. These Restrictions are subject to Grantor's Reserved Rights and the actions permitted by the Permit, which follow. 1. General. There shall be no future filling, flooding,excavating, mining or drilling; no removal of natural materials; no dumping of materials; and,no alteration of the topography of the Protected Property, excepting that necessary for permitted utility lines, which would materially affect the Protected Property in any manner,and except as authorized by the Planning Board of the Town of Wappinger. 2. Waters and Wetlands. In addition to the general restrictions above, there shall be no draining, dredging,excavation, damming or impounding;no changing the grade or elevation, impairing the flow or circulation of waters, by fill or otherwise,reducing the reach of waters; and,no other discharges or activity requiring a permit under applicable clean water pollution control laws and regulations, as amended, except as authorized by the Permit and current New York State Department of Environmental Conservation permits and any amendments thereof 3. TreesNegetation. There shall be no clearing,burning,plowing, tilling, cultivating, cutting or destroying of trees, soil or vegetation, except with the written permission of the Town of Wappinger, expressly for the alteration or removal of trees or tree limbs to eliminate danger to health and safety; or to reduce a threat of infestation posed by diseased vegetation; or to control invasive non-native plant species that endanger the health of native species, except as authorized by the Permit or expressly authorized in Grantor's Reserved Rights as set forth below; there shall be no planting or introduction of non-native or exotic species of trees or vegetation. 4. Uses. No agricultural, industrial, or commercial activity shall be undertaken or allowed on the Protected Property. 5. Structures. There shall be no construction, erection, or placement of buildings, billboards, or any other structures, except drainage structures on the Protected Property. 6. New Roads. There shall be no construction of new roads, trails or walkways on the Protected Property without the prior written approval of the Holder. 7. Utilities. There shall be no construction or placement of utilities or related facilities other than the facilities and water lines shown on the approved plans reviewed by the Planning Board on the Protected Property except as provided by the Permit. Other utilities may be approved by the Holder. 2 8. Pest Control. There shall be no application of pesticides or biological controls, including for problem vegetation, on the Protected Property without prior written approval of the Holder, except as authorized by the Permit. 9. Motor Vehicles. Use of any motorized vehicle or motorized equipment anywhere on the Protected Property is permitted to access other portions of the parcel. 10. Dumping. Storage or disposal of garbage, trash, debris, abandoned equipment or accumulation of machinery or other waste materials, including accumulated vegetative debris such as grass clippings, leaves, yard waste or other material collected and deposited from areas outside the conversation easement area is prohibited. 11. Storage of Vehicles. Storage of vehicles or use of off-road vehicles including, but not limited to, snowmobiles, dune buggies, all-terrain vehicles and motorcycles is prohibited. 12. Other Prohibitions. Any other use of, or activity on, the Protected Property which is or may become inconsistent with the Permit approval and the purposes of this grant, the preservation of the Protected Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. 13. Limitation of Restrictions. The foregoing Restrictions shall apply only to the Protected Property, and to no other part or portion of the Permitted Property unless expressly stated in this Conservation Easement. B. GRANTOR'S RESERVED RIGHTS AND MITIGATION PLAN 1. Reserved Rights. Grantor reserves the right to engage in all acts or uses not prohibited by the Restrictions, and which are not inconsistent with the conservation purposes of this grant, the preservation of the Protected Property substantially in its natural condition, and the protection of its environmental systems, and which do not interfere with Grantor's obligations under the Permit. Included in the Reserved Rights of the Grantor are the rights of access to all utility lines and facilities for which Grantor has a right of continuing maintenance within the Protected Property C. GENERAL PROVISIONS The following General Provisions shall be binding upon, and inure to the benefit of, the Grantor, the Holder, and the heirs, successors, grantees, transferees, administrators, assigns, lessees, licensees and agents of each: 1. Rights of Access and Entry. The Holder shall have the right to enter and go upon the Protected Property on any business day upon 24 hour business day advance notice for purposes of inspection and to take actions necessary to verify compliance with the Restrictions. Holder shall also have the rights of visual access and view, and to enter and go upon the Protected Property for purposes of making observations and studies, and taking samples, in such a manner as will not disturb the quiet enjoyment of the Protected Property by Grantor. Such access shall be at the sole risk of the party undertaking such access. No right of access or entry by the general 3 public town portion of the Protected Property is conveyed Y p p rty y d by this Conservation Easement. Absent the same, access shall be with the assistance of security personnel of Grantor. 2. Enforcement. Grantor acknowledges and agrees that Holder's remedies at law for any violation of this Conservation Easement are inadequate. In the event of a breach of the Restrictions by Grantor, the Holder must notify the Grantor in writing of the breach. The Grantor shall have thirty (30) days after receipt of such notice to undertake actions that are reasonably calculated to correct the conditions constituting the breach. If the Grantor fails to commence such corrective action within thirty (30) days, or fails to complete the necessary corrective action, the Holder may undertake such actions, including legal proceedings, as are necessary to effect such corrective action. Among other relief, the Holder shall be entitled to a complete restoration for any breach of the Restrictions. Breaches of General Provisions of this Conservation Easement shall be actionable without notice. The costs of a breach, correction or restoration, including reasonable Holder expenses, consultant expenses, court costs and attorneys' fees, as approved by a court in such proceeding, shall be paid by the Grantor, or by another party if the Grantor establishes that such other party is responsible for the breach. Enforcement shall be at the discretion of the Holder, and no omission or delay in acting shall constitute a waiver of any enforcement right. These enforcement rights are in addition to, and shall not limit, enforcement rights available under other provisions of law or equity, or under any applicable permit or certification, 3. Events Beyond Grantor's Control. Nothing herein shall be construed to authorize the Holder to institute any proceedings against Grantor for any changes to the Protected Property caused by acts of God or circumstances beyond the Grantor's control such as earthquake, fire, flood, storm, war, civil disturbance, strike or similar causes. 4. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Protected Property. .Any liens, mortgages or other encumbrances shall be subject to the terms of this Conservation Easement.. Holder shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Protected Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits which may apply to the exercise of Grantor's Reserved Rights. 5. Recording, The Grantor shall have this Conservation Easement duly recorded and indexed as such in the Office of the County Clerk, Dutchess County,New York, as described in ECL Section 49-0305.4. Upon recording, the Grantor shall forward a copy of this Conservation Easement to the New York Department of Environmental Conservation, as described in ECL Section 49-0305.4. The Grantor's recording and transmission to the Department of Environmental Conservation shall take place prior to Grantor's commencing work as authorized by the Permit. 4 6. Extinguishment. In the event that changed conditionsrender impossible the continued use of the Protected Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding under authority of ECL Section 49-0305, 7. Eminent Domain. Whenever all or part of the Protected Property is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, the Grantor and Holder shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. 8. Notification. Any notice, request for approval, or other communication required under this Conservation Agreement shall be sent by registered or certified mail,postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: DCH Investments Inc. (New York) DCH Auto Group 955 Route 9 North South Amboy,New Jersey 08879 With copy : General Manager DCH Wappingers Toyota 1349 Route 9 Wappingers Falls, NY 12590 To Holder: Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 9. Assignment. This Conservation Easement is transferable, but only to a qualified holder under ECL Section 49-0305.3. As a condition of such transfer, the transferee shall agree to all of the restrictions, rights, and provisions herein, and to continue to carry out the purposes of this Conservation Easement. Assignments shall be accomplished by amendment of this Conservation Easement under paragraph 13. 10. Failure of Holder. If at any time Holder is unable or fails to enforce this Conservation Easement, or if Holder ceases to be a qualified holder under ECL Section 49-0305, and if within a reasonable period of time after the occurrence of one of these events the Holder fails to make an assignment pursuant to paragraph 10;then the Holder's interest shall become vested in another qualified holder in accordance with an appropriate (e.g,, cy pres)proceeding in a court of competent jurisdiction. 11. Subsequent Transfer. This Conservation Easement shall be perpetual and run with the land and shall be binding upon all future owners of any interest in the Protected Property. 5 The conveyance of any portion of or interest in the Protected Property, by sale, exchange, devise or gift, shall be made by an instrument which expressly provides that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and such instrument shall expressly incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording thereof. The failure of any such instrument to comply with the provisions here of shall not affect the Holder's rights hereunder. No less than thirty (30) days prior to conveyance of any interest in the Protected Property, Grantor (to include any successor Grantor) shall notify the Holder of such conveyance, providing the full names and mailing addresses of all Grantees, and the individual principals thereof, under any such conveyance. 12. No Merger of Interests. In the event the same person or entity ever simultaneously holds an interest in the Protected Property under this Conservation Easement, and holds the underlying title in fee, the parties intend that the separate interests shall not merge. 13. Amendment. This Conservation Easement may be amended in accordance with ECL Section 49-0307, but only in a writing signed by the Grantor, and the Holder and/or their successors and assigns; provided such amendment does not affect the qualification of this Conservation Easement or the status of the Holder under any applicable laws, including ECL Section 49-0305, and provided such amendment is consistent with the conservation purposes of this grant. 14. Severability. Should any separate part of this Conservation Easement be found void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. 15. Warranty. Grantor warrants that it owns the Protected Property in fee simple, and that Grantor either owns all interests in the Protected Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Protected Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Holder shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement. 16. Subordination. The holder of that certain mortgage on some or all the real property listed in Schedule B attached hereto (the "Mortgagee") which encumbers the some of the Protected Property,has executed this Agreement for the sole purpose of subordinating the Mortgage to the terms of this Conservation Easement. [optional if necessary] 17. No Gift or Dedication. Nothing contained in this Conservation Easement shall be deemed to be a gift for dedication of all or any part of either the Permitted Property or the Protected Property to the public, or for public use. 18. Counterparts. This conservation easement may be executed in one or several counterparts, and the separate affixing of this signature page or the following signature page or counterpart thereof to this Agreement shall be deemed execution of this easement by such signatory, which s together shall constitute the Conservation Easement. 6 i IN WITNESS WHEREOF, Grantor and Holder have executed this Conservation Easement as of the date written above. Execution by Grantor DCH INVESTMENTS Inc. (New York) By: Appro nd Acceptance by Holder By: Name: rbca f b ate- ,Q.. d Title . "�-✓ STATE OF NEW JERSEY ) COUNTY OF MIDDLESEX) ss: On the_5' day of February in the year 2010 before me, the undersigned, a notary public in and for said state, personally appeared !Si6A%� C--j-,,��A , personally known to me or proved to me on the basis of satisfactory eviden to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. Karen OCallagly public Notary Public, State of New Je l STATE OF NEW YORK ) N0. 2329932 Expires 618l20?Q COUNTY OF DU�TCHESS ) ss: On the �—da of � in the year befor m � y � y e e, the undersigned, a notary public in and for said state,personally appeared A-6g&�t ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. Notary Public RoMT1 NWary PW*r,State of New York Aa.No.O1R061A 41 Datebe"county My Commiselon Expires July 18,M13 7 i P.O.Box 579 Phone:545-562-4148 jVWj L"-yE7 JM, P.C. ' Plattekill,New York 22668 Fax: 546-562-4148 Email:Heritagc:survey@hotm.ail.com Darren J.Stridiron Professional Land Surveyor PROPOSED CONSERVATION EASEMENT All that certain lot, piece or parcel of land lying in the Town of Wa in er Count of p P Y� g � pP� g � Y Dutchess, State of New York, bounded and described as follows: BEGINNING at the southwesterly corner of lands of DCH Investments Inc. (Tax lot 19- 6157-02-553706); thence, South 68 degrees 50 minutes 00 seconds East 135.10 feet along the northerly bounds of Sammartino (Tax lot 19-615801-480690); thence, Through lands of DCH Investments Inc. (Tax lot 19-6157-02-553706) the following eleven (11) courses: North 02 degrees 42 minutes 23 seconds East 18.01 feet;.thence, North 04 degrees 10 minutes 18 seconds East 18.31 feet; thence, North 43 degrees 23 minutes 45 seconds East 11.69 feet; thence, North 78 degrees 48 minutes 14 seconds East 21.76 feet; thence, South 83 degrees 31 minutes 02 seconds East 2 7.9 7 feet;thence, North 80 degrees 28 minutes 56 seconds East 20.51 feet;thence, South 73 degrees 35 minutes 23 seconds East 24.98 feet; thence, South 01 degrees 48 minutes 53 seconds East 28.07 feet; thence, South 31 degrees 41 minutes 30 seconds West 25,23 feet; thence, South 03 degrees 11 minutes 41 seconds West 16.57 feet; thence, South 25 degrees 16 minutes 12 seconds East 14.93 feet to the northerly bounds of lands of Greer Nine Realty Group (Tax lot 19-6157-02-558657); thence, South 68 degrees 50 minutes 00 seconds East 178.23 along the lands of Greer Nine Realty Group (Tax lot 19-6157-02-558657); thence, Darren T. Stridiron, P.L.S. 1 X-4-AD P.O.Box 579 Phone:845-562-4148 Plattekill,New York 12568 Fax;845-562-4148 Darren J.Stridixon Email:Heritagesurvey©hotmail.com Professional land Surveyor Through lands of DCH Investments Inc. (Tax lot 19-6157-02-553706) the following nine (9) courses: North 22 degrees 03 minutes 09 seconds East 8.71 feet; thence, North 21 degrees 32 minutes 43 seconds East 79.23 feet; thence, North 21 degrees 09 minutes 15 seconds East 41.27 feet; thence, North 31 degrees 57 minutes 45 seconds East 10.43 feet; thence, North 21 degrees 36 minutes 48 seconds East 31.67 feet;thence, North 45 degrees 34 minutes 35 seconds East 16.85 feet;thence, North 21 degrees 03 minutes 56 seconds East 11.8.62 feet; thence, North 68 degrees 50 minutes 00 seconds West 287.50 feet; thence, South 75 degrees 39 minutes 19 seconds West 170.83 feet; thence, South 21 degrees 10 minutes 00 seconds West 205.85 feet along the easterly bounds of lands of Sammartino (Tai lot 19-6158-01-480690) to the point or place of BEGINNING. Containing 115,366 square feet or 2.65 acres of land,more or less. Darren J. Stridiron., P.L.S. Dutchess County Clerk Recording Page i Record & Return To : Date Recorded : 06/06/2012 Time Recorded : 3:26:00 CORBALLY GARTLAND & RAPPLEYEA 35 MARKET ST Document# :02 2012 2456 POUGHKEEPSIE, NY 12601- Received From : CORBALLY GARTLAND & RAPPLEYEA Grantor : DCH INVESTMENTS INC Grantee : DCH INVESTMENTS INC Recorded In : Deed Tax District : Wappinger Instrument Type : DECLAR Examined and Charged As Follows : Recording Charge : $95.00 Number of Pages : 10 Transfer Tax Amount : $0.00 Transfer Tax Number : #4354 Do Not Detach This Page *** This Is Not A Bill Red Hook Transfer Tax E &A Form: N TP-584 : Y County Clerk By : ace/ Receipt# : R31222 Batch Record : A61 Bradford Kendall County Clerk 0220122456 �: `{` r DECLARATION ESTABLISHING MAINTENANCE COVENANT FOR WETLAND BUFFER MITIGATION AREA THIS DECLARATION F,S'T`ABLISHING COVENANT'S FOR MAINTENANCE OF I STORMWATER MANAGEMENT FACILITY WETLAND BUFFER MITIGATION AREA (hereinafter the "DECLARATION") made this 5th day of May, 2012 made by DCH INVESTMENTS INC, (New York), a New York corporation, having a place of business at 955 i Route 9N, South Amboy,New York 08879 (hereinafter called the "DECLARANT"). WITNESSETH WHEREAS, the DECLARANT is the owner of certain real property located at Old Route 9 in the Town of Wappinger, Dutchess County, New York, described in a certain deed dated February 4, 2005 and recorded in the Dutchess County Clerk's Office in Deed document 1550 for 2005, also being the premises identified as Tax Grid Identification Number 6157-02- 553706 hereinafter referred to as the "Property" and said property is more particularly described in Schedule "A" attached hereto; and WHEREAS, the Property together with adjacent parcels was the subject of Site Plan Approval based upon its review of the Project Plans granted by the Town of Wappinger Planning Board, pursuant to Resolution dated March 19, 2012 (hereinafter the "Project"); and WHEREAS, the Project proposed to be undertaken on the Property includes the construction and maintenance of a wetlands mitigation buffer area, the same to be continuously maintained in the same manner as maintenance is required by the Resolution of Site Plan approval (Page 6, paragraph 5(d)) as presently enacted as more particularly described on sheets C3 entitled "DCH Wappingers Falls Toyota. Amended Site Plan for Service Center and Showroom" and C 10 entitled "DCH Wappingers.Falls Toyota Map of Planting Zone for Pocket Pond (P-5)" hereinafter referred to as Sheets C3 and C10 of the approved Project Pian, and i I WHEREAS,the DECLARANTprepared a SWPPP dated November,2008 and revised I February 9, 2009, prepared by Lawrence J. Paggi, PE, PC, that was reviewed and approved by the Planning Board of the Town of Wappinger,as approving authority pursuant to § 213-3(C)of the Town Code and a copy thereof was placed on file in the Office of the Town Clerk of the Town of Wappinger for which this wetlands buffer maintenance covenant is incidental to and an integral part of such plan, and WHEREAS,the Resolution of Site Plan Approval requires that the Wetland Mitigation Area be perpetually maintained in accordance with the notes contained on Sheet C10 of the Project Plan above referenced and thereafter be maintained, cleaned, repaired, replaced and continued in perpetuity to insure optimum performance of the wetlands buffer mitigation area as an extension and part of the approved Stormwater facility, and WHEREAS,the Grantor has previously made and delivered to the Grantee a Conservation :Casement affecting the larger parcel within which the Wetland Mitigation Area is located and part of, NOW, THEREFORE, in consideration of the approval granting Site Plan Approval by the Town of Wappinger Planning Board, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged by the DECLARANT, the DECLARANT hereby declares that the Property herein identified shall be held, sold, conveyed, transferred, used and occupied in accordance with the following Covenants and Restrictions: I, Recitations Incorporated. The recitations above set forth are incorporated in this Declaration as if fully set forth and adopted.herein, 2. Property. The Property which is subject to this DECLARATION is located in the Town of Wappinger, Dutchess County,New York, is located on Old Route 9, Town of 2 Wa in ger and is identified Ta pp 6 as x Crud Identification Number 6I5'7-02-553706, and is more particularly described in Schedule "A" attached hereto. 3. Construction of wetland buffer mitigation area, DECLARANT declares, establishes, imposes, obligates and binds, for himself, his heirs, successors and assigns, that the wetland buffer mitigation area as shown on Sheets C3 and Cl0 of the Project flans shall be constructed and installed on the Property in accordance with the Site Plan prepared by Lawrence J. Paggi, PE, PC dated September 10, 2008, last revised February 9, 2009 (hereinafter "the Site Plan"), a copy of which is on file in the Office of the Town Clerk of the Town of Wappinger. Said stormwater management facilities may include, without limitation, drainage pipes, swales, headwalls, plantings, associated vegetative plantings (both within and outside of the wetland buffer mitigation area as shown on the approved site plan), stormwater management structures and facilities, including maintenance thereof. 4, Maintenance of wetland buffer mitigation area. DECLARANT shall maintain, clean, repair and replace the Wetland Buffer Mitigation Area as shown on Sheet C3 of the Project. Plan. and shall be specifically maintained, repaired and monitored, as necessary, in accordance with the detailed notes set forth on page C10 to the Project Plan, as necessary to ensure the Wetland Buffer Mitigation Area will function in accordance with the: design specifications of the approved plan. 5. Costs of Construction and Maintenance. DECLARANT shall be responsible for all expenses related to construction, installation, inspection, maintenance and restoration of the wetland buffer mitigation area. 6. Periodic Inspection. DECLARANT shall provide for the periodic inspection of the stormwater management facilities to determine the condition and integrity of the wetland buffer mitigation area, Such inspection shall take place not less than once in every five-year period or 3 at such intervals as the Town deems necessary. A Professional Engineer licensed by the State of New York shall perform such inspection. "rhe inspecting engineer shall prepare and submit to the i I Town of Wappinger within 30 days of the inspection, a written report of the findings including recommendations for those actions necessary for the continuation of the stormwater management facilities and its proper operation. 7. Repair & Replacement. DECLARANT shall undertake necessary repairs and replacement of the wetland buffer mitigation area at the direction of the 'town of Wappinger or in accordance with the recommendations of the inspecting engineer. 8, Changes to Wetland buffer Mitigation Area. DECLARANT shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the wetland buffer mitigation area except in accordance with written approval of the Engineer of the Town of Wappinger. Such written approval shall be filed in the Office of the Town Clerk, 9. Building Permits/Certificates of Occupancy. The DECLARANT expressly acknowledges for himself, his heirs, successors and assigns, and subsequent owners of the Property that he will be able to obtain Building Permits only for the construction authorized by the above referenced Site Plan Approval, except, however, no Certificates of Occupancy will be issued for any building construction on adjacent parcels until such time such wetland buffer maintenance area has been constructed unless waived in writing by the Town as a precondition to issuance of a building permit. 10. Access to Property. In the event that the DECLARANT fails to construct or maintain the wetlands buffer mitigation area and the DECLARANT fails to undertake corrective action reasonably required by the Town of Wappinger or any governmental agency having jurisdiction over the stormwater management facility or Wetland Buffer Mitigation Area ("stormwater agency"), the Town, or other governmental agency or the stormwater agency shall 4 have the right, but not the obligation, to enter upon the Property and undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the stormwater control measures and to affix the expenses thereof as a lien against the property, The Town of Wappinger or any governmental agency having jurisdiction over the stormwater management facility or Wetland Buffer Mitigation Area ("stormwater agency"), the ']'own, or other governmental agency or the stormwater agency shall utilize the license granted herein on 20 days written notice to the owner, except in the case of emergency for which no notice shall be required. In a case where the stormwater management facility creates an emergency that threatens lire or property, the Town or Stormwater Agency shall have the right to enter upon the property and undertake such remedies as reasonably necessary to alleviate such emergency, I l, Enforcement. A. DECLARANT further declares that the owner of the Property, the Town of Wappinger, or any municipality succeeding to the rights of the 'Town (hereinafter "Enforcement Entity"), shall have the right to enforce the rights, duties and obligations imposed by this DECLARATION by any proceeding at law or in equity, against any person or persons violating, or attempting to violate any covenant, restriction, obligation or easement, to restrain a violation thereof, or to require specific performance for the construction and maintenance of the stormwater management facilities and the duties and obligations herein imposed pursuant to the SWPPP above referenced, to recover damages for any violations thereof, and, to enforce or foreclose any lien created by these covenants. B, In any action to enforce the terms, covenants, or restrictions of this DECLAMATION, the prevailing party shall be entitled to an award of reasonable attorney's fees, expert fees, and other costs and disbursements incurred in such proceeding, which shall be in addition to such other relief as may be awarded in law or equity. 5 i C. Failure by the Town of Wappinger or any Enforcement Entity to enforce any of the provisions of this DECLARATION shall in no event be deemed a waiver of any subsequent right to enforce any such violations at a future time, The expense of such enforcement is hereby deemed to be a charge on such Property, 12, Modification. This DECLARATION may not be modified or terminated (e.g., in the event use of the facility is no longer necessary as determined by the Town) except in writing, executed and acknowledged by the DI CLARANT and only upon consent of the Town Board of the Town of Wappinger, pursuant to Resolution duly adopted by the Town Board upon recommendation of the Planning Board of the Town of Wappinger, and recorded in the Office of the Dutchess County Clerk. 13, Duration. The Covenants and Restrictions set forth herein shall be binding on the Property above described, and, except as otherwise provided herein., these COVENANTS AND RESTRICTIONS SHALL RUN WITH THE LAND AFFECTED THEREBY, SHALL BE PERPETUAL IN DURATION AND SHALL INURE, TO THE BENEFIT OF THE TOWN OF WAPPINGER, THE DECLARANT, AND ANY SUBSEQUENT OWNER OF THE PROPERTY, AND SHALT, BE BINDING ON ALL PARTIES HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST IN AND TO THE ABOVE PROPERTY OR PART THEREOF, THEIR HEIRS, SUCCESSORS OR ASSIGNS FOREVER. 14. Binding Effect. DECLARANT hereby binds himself and his heirs, successors, and assigns, and any subsequent owner(s) of the Property identified on the above referenced Site Plan to construct and maintain all wetland buffer mitigation areas and improvements required by the Site Plan and as set forth herein. 6 1 15. Partial Invalidity; Separability. The provisions of this DECLARATION are separable and if any prevision, clause, sentence, sub-section, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the other remaining provisions, clauses, sentences, sorb-sections„ words or parts ofthis DECLARATION or their application to the Lot or other persons or circumstances. It is hereby stated to be the intention of the DECLARANT that this DE"CI.ARATION would have been adopted if such illegal, invalid oa° unconstitutional provision; clause, sentence, sub-section, word or part had not been included therein, and if such person or circumstance to which the DECLARATION or hart thercof is held in applicable, had been specifically exempted therefrom. 16. Approval by Municipality. The Town of Wppinger is, executing this DECLARATION as its acknowledgment: and acceptance of its terms and as an acknowledgement that the Site Plan and SWPPP have been approved and accepted by the'fown. I7. 5upercedling language, TO the extent the provisions; of the previously executed Conservation I`,asement are inconsistent with and conflict with this DECLARATION, the provisions of this DECLARATION shall supercede such inconsistent or conflicting provisions of the Conservation F"aseinent to the extent necessary for the full implementation and enforcement of this DECLARATION. IN WITNESS WHEREOF, the DECLARAN`r and the TOWN Ol" WAPPINGER have executed this DECLARATION on the day and date first above appearing. DCII INVESTMEXI`S INC. Bym.._ i 16 MAa 7 Approved TOWN OF WAPPINGER By, Andrew l.obitina, Chairman fthe tanning board STAIT OF NEW YORK ss: COUNTY OF DUTCHESS On the__ day of Mar 12012 before me, he undersigned, personally appeared Andrew Lobitina, personally k own to me or proved me on the basis of satisfactory evidence to be the individual whose n, c is subscribed to the wi in instrument and acknowledged to me that lie executed the same i his capacity, and that by his sr nature on the instrument, the individual or the person u on behalf of which the individual ted, executed the instrument, Notary Public State of New Jersey County oft,�eOVm 'y) NVLA-1 On the day of March in the year 2012, before me, the undersigned personally personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to tile within instrument and acknowledged to me that sheihe executed the saine in her/his capacity, that by her/his signature on the instrument, the individual(s), or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the the city or other political subdivision and the state or country or other place the acknowledgment was taken.) 7- Signaui-,g,&Office of Individual Taking Acknowledgment 8 MARY ANN LAMOuRT NOTARY PUBLIC' STATE OF NEW JERSEY COMM. EXP 06-09-13 SCHEDULE "A" All that certain plot, piece or parcel of land situate lying and being in the town fo Wappinger, County of Dutchess and State of New York, bounded and described as follows: Beginning at the end of a stone wall at the intersection of the westerly side of old macadam state highway and the westerly side of the new concrete state highway, thence along a stone on the westerly side of the former macadam highway North 1-14 East 126.5 feet thence still along the wall, North 5-18 West 73.5 feet to a stake set; thence along a row of stakes North 68-50 West 464 feet to a stake set at a corner; thence South 2 1-10 West 335.08 feet to a stake set at a corner, thence South 68-50 East along a row of stakes 539 feet to a stake set in the westerly line of the concrete state highway, thence along same North 21-10 East 150 feet to the place of beginning. Christine Fulton From: All R [aroberts@vsrp.com] Sent: Tuesday, April 03, 2012 1:55 PM To: Barbara Roberti Cc: Christine Fulton; harry Paggi, P.E. ; Jon Adams Subject: DCH Site Plan Attachments: 03-01-10 letter to Roberti -w-revised page 5 for SWPPP Declaration.pdf Barbara: Please review my letter of March 1, 2010 addressed to you. Please note that I had forwarded a revised page 5 relative to the Declaration regarding Maintenance of Stormwater Management Facilities.Please confirm that the revised page 5 has been inserted in the Declaration. I am in the process of finalizing the Declaration Establishing Maintenance Covenant for Wetland Buffer Mitigation Area. This Declaration references the SWPPP dated November 2008,revised February 9, 2009, prepared by Lawarence I Paggi, P.E., P.C., and I want to make sure that the SWPPP was filed with the Town Clerk. It is imperative that this SWPPP not be purged because it is referenced in the various Declarations that will be recorded in the Dutchess County Clerk's Office. I will be providing you with a copy of the final Declaration Establishing Maintenance Covenant for Wetland Buffer Mitigation Area hopefully today. That is the last remaining document needed to finalize this project. We should have a closing with Larry Paggi present to make sure that all the correct documents are getting recorded prior to issuance of the Building Permit. Verytruly yours, Albert P. Roberts Vergilis, Stenger, Roberts, Davis &Diamond, LLP 1136 Route 9 Wappingers Falls, New York 12590 (845) 298-2000 i VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 OF COUNSEL: GERALD A.VERGILIS* WAppINGERS FALLS,NEW YORK 12590 KAREN MacN1SH KENNEr1IM.STENGER ALBERT P.ROBERTS LEGAL ASSISTANTS: THOMAS R.DAVIS (845)298-2000 AMY E,DECA.RLO STEPHEN E,DIAMOND**** SANDRA A,OAKLEY JOAN F.GARRETT** FAX(845)295-2842 SARAH SALISBURY www.vsrp.com KEVIN T.MaDERMOTT CLOSING COORDINATOR ANGEL 1.FALC6N a-mail:info@ysrp.com 1vIAR1AJONE5 ANTHONY M.DEFAZIO*** JAMES P.H 276 MAI ORAN*** POAIN STREET PSTE OFFICE . LISA M.COBB 276 M M.ELLEN O'SULLIVAN POUGHKEEPSIE,NY 12501 (845)452-1046 *ADMI7TE0T0PRACTICE NEWBURGH OFFICE IN NY&FLA' 372 FULLERTON AVENUE **ADMM'EDTO PRACTICE IN NY&CONN. NEWBURGH,NY 12550 •**ADMITTED TO PRACTICE (845)567-3783 IN NY&Ni ****ADMnTED TO PRACTICE IN NY,FL&MA March 1, 2010 Planning Board Tu ��D Town of Wappinger 20 Middlebush Road APR 0 4 2012 Wappingers Falls,New York 12590 Attention: Barbara Roberti, Secretary TOWN OF WAPPINGER Re: DCH Auto Group—Lot Merger TOWN CLERK File No. 12949.0535 Dear Barbara: Please be advised I am in receipt of a revised page 5 of the Declaration regarding Maintenance of Stormwater Management Facilities, a Conservation Easement with TP- 584 and opinion letters regarding Greer Nine Realty Corp. and DCH Investments Inc., all from Jon Adams,the attorney for DCH.Please be advised that all of the documents are acceptable as to form. Upon receipt of the required Title Certification from Mr.Adams, all legal issues with respect to the site plan approval given to DCH have been resolved to my satisfaction."Tile original documents are being forwarded to you for recording by the applicant. Please note that the Conservation Easement must first be accepted by the Town Board and is scheduled to be on the March 10'' Board meeting for acceptance. O:IWappinger\PlanningBoardIDCH Auto12010 correspondenee1030110 approval letter to A Bd.doc k 3 i Page 2 i Very truly yours, VERGILIS, STENGER, ROBERTS,DAVIS &DIAMOND,LLP .ALBERT P. ROB RTS APRJso Enclosures i cc: Town Board Code Enfbrcement Robert J. Gray, P.E. Daviel Stolman,AICP Jon H. Adams,Esq. Lawrence J. Paggi, P.E. I i Ih E f f 0AWappingeAPlanningBoard\DCH Auto=10 eorrespondence10301 l0 approval letter to P!Bd,doe preservation, continuation or maintenance of the storrnwater control measures and to affix the l expenses thereof as a lien against the property. The Town or Stormwater Agency may utilize the license granted herein on 20 days written notice to the owner, except in the case of emergency for which no notice shall be required, In a case where the stormwater management facility creates an emergency that threatens life or property, the Town or Stormwater Agency shall have the right to enter upon the property and undertake such remedies as reasonably necessary to alleviate such emergency, 11. Enforcement, A. DECLARANT further declares that the owner of the Property, the Town of Wappinger, or any municipality succeeding to the rights of the Town (hereinafter "Enforcement Entity"), shall have the right to enforce the rights, duties and obligations imposed by this DECLARATION by any proceeding at law or in equity, against any person or persons violating, or attempting to violate any covenant, restriction, obligation or easement, to restrain a violation thereof, or to require specific performance for the construction and maintenance of the stormwater management facilities and the duties and obligations herein imposed pursuant to the SWPPP above referenced, to recover damages for any violations thereof, and, to enforce or foreclose any lien,created by these covenants. B. in any action to enforce the terms, covenants, or restrictions of this DECLARATION, the prevailing party shall be entitled to an award of reasonable attorney's fees, expert fees,and other costs and disbursements incurrcd in such proceeding, which shall be in addition to such other relief as may be awarded in law or equity, C. Failure by the Town of:Wappinger or any Enforcement. Entity to enforce any of the provisions of this DECLARATION shall in no event be deemed a waiver of any subsequent 5 C 0 'y 'y SIN A III R[ I \(;I, m f.[:(; %1, cm \sl.l. fir'?urazdt=Fa Merl' RECEIVED MIN 1 1.I�F0 N JJ; APR 2 2 2010 -#5 4i91t"' 1 l.:1.. -15 4 4 4 F A 1,1 A I, R t 11"L L I I , "It" 0jq�, j R'TIALNT V, 'A' 9 W I L I 'I to r I:I I M IX 1,1 K N Y �i 4 5 7,o-47110 T I'I ts 4 1 ti7 I, "i19T 1 N April 21, 2010 F, Hon. Victor Fanucle, Chairman Planning Board ol'Appeals Town of. Wappingers 20 Middlebush Road Wappingers Falls, NY 12590 Re: DCH Investment Inc. Site Plan Dear Chairman FanUele: I enclose the original of a Declaration eclaration Off�Lrcj Lric.tion and covenants requested by the Planning Board consultants in the above matter, together with a form TP-584. This Declaration provides that so long as the proposed commercial building which is replacing the existing showroom and repair facility is extended over two lots under different ownership (Greer Nine Realty Corp. and Schunzel, Inc.), those owners and their successors and assigns collectively agree to the placement of the building as indicated on an approved site plan, Very truly yours, CORBALLY, GARTLAND PLEYEA, LLP BY: JON HOLPEN ADAMS J HAJ V Enclosure cc: Client Steve "rarshis Larry Paggi 0BI01l2006 11:56 B454710905 PAGG1 MARTIN DELHENE PAGE 01 PAGGI,MARTIN&DEL BENE ti.r Consulting Engineers fd Land Surveyors 56Mnin$mmt Pou ;e,Nm York 12601 845-471-7898 845-471-0905(FAX) July 31, 2006 WA a HAIL.- Planning AIL:Planning Boaro Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12690 ��++ �l CC Reference: DCH Auto Prep Site Plan FIECEN GD Old Route 9 Dear Board Members; Aug On May 1'c, 2006 this office received Sheets C101, C201, C301, 0302, 0303 CLERK C401, C502, C601, and P110 of the DCH Auto Prep Site Plan, dated last revised October 21,, 2005 as prepared by Lawrence J_ PagI, P.E., P.C. On June 7, 2006 this office received Sheet C201 dated last revised May 31°, 2006, fiddIi elated con r 'h5 review reseed, left have We have 8130 reviewed the October 1 r,2006 Resolution of Site Development Plan, SPOdal Use Permit, Preliminary and Final Subdivision Plat, and Wetland Pemit Approvals- and would note the following: • 6.a.1): falldW. The Resolution has been signed by the Applicant and the Owner. + 6.a.2). The Town Tax Collector should verify that the taxes have been paid. 6•a•3): d The Applicant obtained DCHD approval on pp April 241',2006. * 6.a.4):, The Applicant has submitted a December I Ith,2005 coneepondence from Michael Nowicki of Ecological SolUWns, Inc. detailing a conversetion,H;th Mr.Jack Isaacs of the NYSDEC. Mr. Isaacs stated that a Stream Bank Disturbance Permit is not needed for the storm sewer outlet pipe because it is > 50'from the stream bank. 6.a,S):SAIN&W.The Applicant has obtained a variance from the ZBA for the proposed Overhead doors that will face the street. • 6.a,6).14111BA In his July 18•', 2006 Compliance letter, the Town Planner Indicated that the signage details are satisfactory. + 6,a.7):fMjjVtM In his May 24'", 2006 Compliance letter, the Town Planner indicated that the raised landscape area is satisfactory, In his July 181', 2006 Compliance letter, the Town Planner Indicated that the landscaping Is satisfactory. • 6,8.9): 2111ftleg In his July le, 2006 Compliance letter,the Town Planner indicated that the photometric plan is satisfactory, JO°Ph E• ,1• EE• Emn Matin,Jr.,P.E..L.S. Clarks R.N 88/01/2006 11:56 B454710905 PAGG1 MARTIN DELBENE PAGE 02 Planning Board -2- July 31, 2006 RE: DCH Auto Prep Center Site Plan 6-a.10): Saftfted In his July 18h, 2006 Compliance letter,the'Town Planner Indicated that the lighting details are satisfWQry, • 6-a-11).AlffEWNIOULStanding Engineering comments have been addressed. • 6.a.12): gid In his May 241', 2006 Compliance letter,the Town Planner Indicated that the sidewalk ramps are satisfactory. 6.a.13), SIUmfimtory. Sheet C2o1 notes that the proposed Cable,telephone and electric lines shall be installed underground. The method of Crossing Old Ftoute 9 with the Proposed gas ssrvi0e is subject to the review and approval of the Town Highway Superintendent. Please feel free to contact this office If you have any questions regarding this matter, Thank you. Very truly yours. 4 . E. Pali, i*Piee- ph jeP/PJP cc: Hon. Joseph Ruggiero Hon. Chris Masterson Town Board: File Hon. wham Foster Albert P. Roberts, Esq. Chris Holme Tatiana Lukianoff Lawrence J. Paggl, P.E. PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York.12601 545-471-7898' 845-471-0905(FAX) July 31, 2006 VIA FAX&MAIL: RECEIVED Planning Board, Town of Wapp.inger AUG. 20 Middlebush Roadi Wappingers Falls, New York 12590 TOWN CLERK Reference: DCH Auto Prep Site Plan Old Route 9 Dear Board Members: On May 15', 2006 this office received Sheets C101, C201, C301, C302, C303, C401, C501, Q502, C601, and P110 of the DCH Auto Prep Site Plan, dated last revised October 21st, 2005 as prepared by Lawrence J. Paggi, P.E., P.C. On June 7, 2006 this office received Sheet C201 dated last revised May 315', 2006. All outstanding engineering related concerns from our October 17th, 2005 review letter.have been addressed. We have also reviewed the October 17th, 2005 "Resolution of Site Development Plan, Special Use Permit, Preliminary and Final Subdivision Plat, and Wetland Permit Approvals" and would nate the following: + 6.a.1): Satisfied. The Resolution has been signed by the Applicant and the Owner. • 6.a.2): The Town Tax Collector should verify that the taxes have been paid. 6.a.3): Satisfied. The Applicant obtained DCHD approval on April 241h 2006. • 6.a.4): Satisfied. The Applicant has submitted a December 11th, 2005 correspondence from Michael Nowicki of Ecological Solutions, Inc. detailing a conversation with Mr. Jack Isaacs of the NYSDEC. Mr. Isaacs stated that a Stream Bank Disturbance Permit is not needed for the storm sewer outlet pipe because it is > 50' from the stream bank. • 6.a.5): Satisfied.The Applicant has obtained a variance from the ZBA for the proposed overhead doors that will face the street. • 6.a.6): Satisfied. In his July 180h, 2006 Compliance letter, the Town Planner indicated that the signage details are satisfactory. 6.a.7): Satisfied. In his May 24th, 2006 Compliance letter, the Town Planner indicated that the raised landscape area is satisfactory. • 6.a.8): Satisfied. In his July 18th, 2006 Compliance letter, the Town Planner indicated that the landscaping is satisfactory. 6.a.9): Satisfied. In his July 18'", 2006 Compliance letter, the Town Planner indicated that the photometric plan is satisfactory. Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.S. Charles R.Del Bene,Jr.,P.E. Planning Board -2- July 31, 2006 RE: DCH Auto Prep Center Site Plan • 6.a.10): Safisfied. In his July 18th, 2006 Compliance letter, the Town Planner indicated that the lighting details are satisfactory. • 6.a.11): Safisfied. All outstanding Engineering comments have been addressed. • 6.a.12): Satisfied. In his May 24th, 2006 Compliance letter, the Town Planner indicated that the sidewalk ramps are satisfactory. • 6.a.13): Satisfactory. Sheet C201 notes that the proposed cable, telephone and electric lines shall be installed underground. The method of crossing Old Route 9 with the proposed gas service is subject to the review and approval of the Town Highway Superintendent. I Please feel free to contact this office if you have any questions regarding this matter. Thank you. Very truly yours, G ooll eph E. Paggi, Jr., P. . JEPIPJP cc: Hon. Joseph Ruggiero Hon. Chris Masterson Town Board: File Hon. Graham Foster Albert P. Roberts, Esq. Chris Holme Tatiana Lukianoff Lawrence J. Paggi, P.E. PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-090S(FAX) June 7, 2006 WA FAX& MAIL: Planning Board RCLr Town of Wappinger RECEIVED 20 Middlebush Road JUN 0 9 2006 Wappingers Falls, New York 12590 Reference: DCH Auto Prep Site Plan TOWN CLERK Old Route 9 Dear Board Members: On May 151, 2006 this office received Sheets C101, C201, C301, C302, C303, C401, C501, C502, C601, and P110 of the DCH Auto Prep Site Plan, dated last revised October 21st, 2005 as prepared by Lawrence J. Paggi, P.E., P.C. On June 7, 2006 this office received Sheet C201 dated last revised May 31st, 2006. All outstanding engineering related concerns from our October 17h, 2005 review letter have been addressed. We have also reviewed the October 17th, 2005 "Resolution of Site Development Plan, Special Use Permit, Preliminary and Final Subdivision Plat, and Wetland Permit Approvals" and would note the following: • 6.a.1): Satisfied. The Resolution has been signed by the Applicant and the Owner. • 6.a.2): The Town Tax Collector should verify that the taxes have been paid. • 6.a.3): Satisfied. The Applicant obtained DCHD approval on April 24th, 2006. • 6.a.4): Satisfied. The Applicant has submitted a December 11th, 2005 correspondence from Michael Nowicki of Ecological Solutions, Inc. detailing a conversation with Mr. Jack isaacs of the NYSDEC. Mr. Isaacs stated that a Stream Bank Disturbance Permit is not needed for the storm sewer outlet pipe because it is > 50'from the stream bank. • 6.a.5): Satisfied. The Applicant has obtained a variance from the ZBA for the proposed overhead doors that will face the street. • 6.a.6): The revised signage is subject to the review and approval of the Town Planner. • 6.a.7): Satisfied In his May 24th, 2006 Compliance letter, the Town Planner indicated that the raised landscape area is satisfactory. + 6.a.8): The Landscape Plan is subject to the review and approval of the Town Planner • 6.a.9): The Photometric Plan is subject to the review and approval of the Town Planner. • 6.a.10): The Lighting Details are subject to the review and approval of the Town Planner. • 6.a.11): Satisfied.All outstanding Engineering comments have been addressed. Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr„EE.,L.S. Charles R Del Bene,Jr.,P.E. Planning Board _2_ June 7, 2006 RE: DCH Auto Prep Center Site Plan • 6.a.12): satisfied. In his May 24th, 2006 Compliance letter, the Town Planner indicated j that the sidewalk ramps are satisfactory. • 6.a.13): Sheet C201 should note that the proposed cable, telephone and electric lines shall be installed underground. The method of crossing Old Route 9 with the proposed gas service is subject to the review and approval of the Town Highway Superintendent. Please feel free to contact this office if you have any questions regarding this matter. Thank you. Very tr y yours, Joseph E. Paggi, Jr., P.E. JEPIPJP cc: Hon. Joseph Ruggiero Han. Chris Masterson Town Board: File Hon. Graham Foster Albert P. Roberts, Esq. Chris Holme Tatiana Lukianoff Lawrence J. Paggi, P.E. 05f87f2006 15:28 8454710905 pAGG1 WRTIN DELEENE PAGE 01 PAGGI,MARTIN&DEL BENE u2 Consulting Engineers & Land Surveyors 56 Main Street Rbughlw"ic,New Yoxk 12601 845-471-784$ 845-471-0905(FAX) June 7, 2006 WAFAXA CC(�CE1 V i,t i Planning Board RGE Town of Wappinger 20 Middlebush Road JUN 0 $ �� Wappingers Falls, New York 12590 Reference: DCH Auto Prep Site Plan TOWN CLERK Old Route 9 Dear Board Members: On May 11", 2006 this office received Sheets C101, C201, C301,C302, 0303, C401. C501, C502,C601,and P110 of the DCH Auto Prep Site Pion, dated last revised October 21'r, 2005 as prepared by Lawrence J. Paggl, P.E., P.C. On June 7, 2006 this offer received Sheet C201 dated last revised May 31', 2006. n in from our Oct ' letter been addressed. We.have also reviewed the October 11"h,2005"Resolution of Site Development Plan, Special Use Permit, Preliminary and Final Subdivision Plat,and Wedand Permit Approvals and would note the following: 6.a.1): SpOoded. The Resolution has been signed by the Applicant and the Owner. • 6.a.2):The Town Tax Collector should verify that the taxes have been paid. 6.a,3), The Applicant obtained DCHD approval on April 20, 2006. 6.a:4). .The Applicant has submitted a Decamber 111h, 2005 correspondence from Michael Nowicki of Eeologiml Solutions, Inc, detailing a conversation with Mr. Jade Isaacs of the NYSDEC. Mr. Isaacs stated that a Stream Bank Disturbance Permit is not needed for the storm sewer outlet pipe because tt is>50'from the stream bank. 6.a,5): Sawed.The Applicant has obtained a variance from the ZBA for the proposed rhead ovedoors that will face the street. 6.a,6): The revised signage is subject to the review and approval of the Town Planner. 6.8.7): &112W in his May 241', 2006 Compliance letter, the Town Planner indicated that the raised landscape area Is satisfactory. • 6.a.6): The Landscape Plan is subject to the review and approval of the Town Ptenrter 6.a.9):The Photometric Plan is Subject to the review and approval of the Town Planner. 6,a.10):The Lighting Details are subJeot to the revlew and approval of the Town Planner. • 6.a.1 i): .4tq1g&t All outstanding Engineering comments have been addressed. )oeeph E.PoW,X.,PB, Frroe lular[ln,Jr.,P.L.,L.5. Chula R.Del Bene Jr.,P.E_ 05f 0712006 3.6:20 8454710905 PAGGI MARTIN DELBENE PAGE 02 Planning Board -2- June 7,2006 RE: DCN Auto Prep Center Site Plan I • 6.aA2):JgfigId In his May 20'. 2006 Compliance letter,the Town Planner indicated that the sidewalk ramps are satfsf story. • 6.$.13): Sheet C201 should note that the proposed cable,telephone and electric lines shall be Installed underground, The method of crossing Olt! Route 9 with the proposed gas service is subject to the review and approval of the Town Highway Superintendent Please feel free to contact this office If you have any questions regarding this matter. Thank you. Very yours, Joseph E. Paggi, in, P.E. JEP/PJP cc: Hon. Joseph Ruggiero Hon. Chris Masterson 'own Hoard:File Hon. Graham Foster Albert P. Roberts, Esq, Chris Holme Tatiana L.uklanoft Lawrence J. Pegg!, P.E. 711- PAGGI,MARTIN&DEL BENE 11LP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905(FAX) I i May 3, 2006 VIA FAX& MAIL: RECEIVED Planning Board Town of Wappinger MAY 05 2006 20 Middlebush Road Wappingers Falls, New York 12590 TOWN CLERK Reference: DCH Auto Prep Site Plan Old Route 9 Dear Board Members: On May 1St, 2006 this office received Sheets C101, C201, C301, C302, C303, C401, C501, C502, C601, and P110 of the DCH Auto Prep Site Plan, dated last revised October 21St, 2005 as prepared by Lawrence J. Paggi, P.E., P.C. All outstanding engineering related concerns from our October 17th, 2005 review letter have been addressed, except the following: 1. The open cut crossing of Curry Road and the Open Cut Crossing Detail on Sheet C303 are subject to the review and approval of the Town Highway Superintendent. We have also reviewed the October 170h, 2005 "Resolution of Site Development Plan, Special Use Permit, Preliminary and Final Subdivision Plat, and Wetland Permit Approvals" and would note the following: • 6.a.1): Satisfied. The Resolution has been signed by the Applicant and the Owner. • 6.a.2): The Town Tax Collector should verify that the taxes have been paid. 6.a.3): Satisfied. The Applicant obtained DCHD approval on April 24th 2006. • 6.a.4): Satisfied. The Applicant has submitted a December11tL'�, 2005 correspondence from Michael Nowicki of Ecological Solutions, Inc. detailing a conversation with Mr. Jack Isaacs of the NYSDEC. Mr. Isaacs stated that a Stream Bank Disturbance Permit is not needed for the storm sewer outlet pipe because it is > 50' from the stream bank. • 6.a.5): Satisfied. The Applicant has obtained a variance from the ZBA for the proposed overhead doors that will face the street. 6.a.6): Satisfied. No freestanding signage is proposed. • 6.a.7): The raised landscape area is subject to the review and approval of the Town Planner. • 6.a.8): The Landscape Plan is subject to the review and approval of the Town Planner 6 6.a.9): The Photometric Plan is subject to the review and approval of the Town Planner. Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,EE.,L.S. Charles R.Del Bene,Jr.,P.E. i Planning Board -2- May 3, 2006 RE: DCH Auto Prep Center Site Pian • 6.a.10): The Lighting Details are subject to the review and approval of the Town Planner. • 6.a.11): All Engineering comments have been addressed, except as noted above. • 6.a.12):The sidewalk ramps are subject to the review and approval of the Town Planner. • 6.a.13): Sheet C201 should note that the proposed cable, telephone and electric lines shall be installed underground. The method of crossing Old Route 9 with the proposed gas service is subject to the review and approval of the Town Highway Superintendent. Please feel free to contact this office if you have any questions regarding this matter. Thank you. Very tr yours, CJ seph E. Paggi, Jr., P.E. JEPIPJP cc: Hon. Joseph Ruggiero Hon. Chris Masterson Town Board: File Hon. Graham Foster Albert P. Roberts, Esq. Chris Holme Tatiana Lukianoff Lawrence J. Paggi, P.E. r i DEPARTMENT OF THE ARMY �� w P NEW YORK DISTRICT, CORPS OF ENGINEERS �"C D JACOB K.JAVITS FEDERAL BUILDING NEW YORK, N.Y.10278-0090 JAN '? 2006 TOVVJ\1 CLERK REPLY TO ATTENTION F: JAI 19 20M ' Regulatory Branch SUBJECT: Permit Application Number 2005-00968-Y1 by DCH Auto Group/ Mr. Michael Nowicki Ecological Solutions, LLC 1.248 Southford Road Southbury, Connecticut 06488-4413 Dear Mr. Nowicki : On May 24 , 2005, the New York District Corps of Engineers received a request for Department of the Army authorization for a Department of the Army jurisdictional determination and authorization for the discharge of fill material into waters of the United States to facilitate the construction and installation of an automotive service center, with an associated parking area and stormwater management basin. This request was made by Ecological Solutions, LLC, as consultant for the DCH Auto Group . The site, designated as tax lot 19-61.57-02-553706, occupies approximately 4 . 0 acres within the Hudson River Basin, in the Town of Wappinger, Dutchess County, New York. 1n the letter received on May 24 , 2005, your office submitted a proposed delineation of the extent of waters of the United States within the project boundary. A site inspection was conducted by representatives of this office on August 9, 2005 . Based on the material submitted and the observations of the representatives of this office during the site visit, this site has been determined to contain jurisdictional waters of the United States based on the presence of wetlands determined by the occurrence of hydrophytic vegetation, hydric soils and wetland hydrology according to criteria established in the 1987 'Corps of Engineers Wetlands Delineation Manual , Technical Report Y-87--1 , and the presence of a defined water body which is part of a tributary system under the jurisdiction of the U. S . Army Corps of Engineers . Based on the above, it has been determined that the drawing entitled "DCH Auto Croup Service Center, Old Route 9 , Town of Wappinger, Dutchess County, New York, Federal Wetland Survey Map" , Sheet 1 , prepared by Lawrence J. Paggi , PE, PC, dated March 21, 2005 , and last revised May 6, 2005, appears to be an accurate depiction of the extent of waters of the United States on the subject site . This drawing indicates that there is one (1) principal wetland area on the project site. This area, indicated as "Wetland All , and depicted by flags Al through A35, consists of an unnamed tributary to Wappinger Creek with associated palustrine forested wetlands . This area occupies approximately 0 . 73 within the site boundary. This unnamed tributary and associated wetlands drain to Wappinger Creek, a tributary to the Hudson River. This determination regarding the delineation shall be considered valid for a period of five years from the date of this letter unless new information warrants revision of the determination before the expiration date . Enclosed is a Notification of Administrative Appeal Options which provides information on your acceptance of this approved jurisdictional determination. This delineation/determination has been conducted to identify the limits of the Corps Clean Water Act jurisdiction for the particular site identified in this request . This delineation/determination may not be valid for the wetland conservation provisions of the .Food Security Act of .1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service prior to starting work. A subsequent submittal entitled "Federal Wetland Disturbance and Establishment Plan for DCH Auto Group Service Center, . Old Route 9, Town of Wappinger, Dutchess County, New York, Site Plan." , Grading and Erosion Control Plan, and Details" , Sheets 1 through 3, prepared by Lawrence J. Paggi, PE, PC, dated March 21, 2005, and last revised May 6, 2005, indicates that fill material would be discharged into approximately 0 .49 acres of waters of the United States to facilitate the construction and installation of an approximately 37, 790 square foot building with associated paved parking and stormwater management basin. The remainder of the project would be completed in uplands as indicated in the referenced drawing. All temporarily disturbed wetlands and waters of the United States will be restored to pre-existing elevations and re-seeded with native vegetation where appropriate . To compensate for the 0 . 49 acres of wetland impacts associated with the project, the applicant shall establish approximately 0 . 7 acres of wetlands in the northwest portion of the site as depicted on the drawing entitled "Federal Wetland Disturbance and Establishment Plan for DCH Auto Group Service Center, Old Route 9, Town of Wappinger, Dutchess County, New York, Details" , Sheet 3 , prepared by Lawrence J. Paggi , PE, PC, dated March 21 , 2005, and last revised May 6, 2005 . 2 Based on the information submitted to this office, and accomplishment of notification in accordance with the applicable federal requirements, our review of the project indicates that an individual permit is not required. It appears that the activities within the jurisdiction of this office could be accomplished under Department of the Army Nationwide General Permit Number 39 . The nationwide permits are prescribed as an Issuance of Nationwide Permits in the Federal Register dated January 15, 2002 (67 FR 2020) . The work may be performed without further authorization from this office provided the activity complies with the permit conditions listed in Section B, No. 39, Section C, any applicable New York District regional conditions, the following special conditions, and any applicable regional conditions added by the State of New York, copies enclosed. Special Conditions (A) The permittee shall provide to this office annual reports on the status of the mitigation activities, prepared during the growing season, no later than October 31 in each of the following five (5) years after initiation of the activities authorized by this letter. These reports shall include the. following at a minimum: i. All plant species, along with their estimated relative frequency and percent cover, shall be identified by using plots measuring 10 feet by 10 feet with at least one representative plot located in each of the habitat types within the mitigation site. The location of each plot shall be identified on the 'plan view engineering drawing. ii. Vegetation cover maps, at a scale of one inch equals 100 feet, or larger scale, shall be prepared for each growing season. iii. Photographs showing all representative areas of the mitigation site/s shall be taken at least once each year during the period between. 1 June and 15 August. iv. Surface water and groundwater elevations in, representative areas of the mitigation site/s shall be recorded twice a month during April through September of each year. The location of the monitoring well or gauge shall be shown on the plan view engineering drawing. (B) All grading and planting in conjunction with the wetlands mitigation work shall be completed prior to the completion of the discharge of fill authorized herein. (C) The permittee shall ensure that all plantings in conjunction with the mitigation effort shall have an eighty-five (85) percent survival and coverage i-ate which must be met or exceeded at the end of the second growing season following the 3 initial planting/seeding of each phase. if the eighty-five (85) percent survival rate is not met at the end of the second growing season following each phase, the permittee shall take all necessary measures to ensure the level of survival by the end of the next growing season, including re-planting and re-grading if necessary. The permittee shall also ensure that the vegetation in the established wetland does not consist of more than a combined total of 10% areal coverage of common reed (Phragmites australis) , purple loosestrife (Lythrum sali carla) , reed canary grass (Phalaris arundinacea) , or Japanese knotweed (Polycronum cuspidatum) at the mitigation site. In addition, in areas where no individual plantings are proposed, if appropriate and sufficient vegetation is not present by the end of the second growing season, the permittee shall take all necessary steps, including individual plantings in order to achieve a plant density comparable to adjacent wetlands. (D) The permittee shall ensure that no mowing of the mitigation area shall occur. (E) To ensure minimal impacts to the Federally-listed endangered Indiana bat and its critical habitat, all tree removal activities shall be performed between October 1 and March 30 of any calendar year. (F) The permittee shall undertake the authorized filling activities in a manner aimed at reducing impacts upon the general environment. In addition, the permittee shall not stockpile fill or other materials in a manner conducive to erosion, or in areas likely to cause high turbidity runoff during storm events. All exposed soils shall be re-vegetated in a timely manner to further reduce potential effects. The permittee shall temporarily fence off all wetlands and other sensitive ecological areas during construction periods to prevent equipment and personnel from entering these areas. . (G) The permittee shall secure a conservation easement or deed restriction on the wetland mitigation site to guarantee its preservation for wetland and wildlife resources . Copies of the instrument (s) effecting such easement shall be submitted to the New York District Corps of Engineers for approval prior to execution, and the instrument(s) shall be executed and recorded with the Dutchess County Registrar of Deeds within one year following the initial plantings/seedings of the mitigation site. (H) The permittee shall assume all liability for accomplishing the corrective work should the New York District determine that the compensatory mitigation has not been fully satisfactory. If the New York District does not find the mitigation satisfactory, an extension of monitoring time may be required to cover any necessary remedial work, 4 This determination covers only the work described in the submitted. material . Any major changes in the project may require additional authorizations from the New York District . Care should be taken so that construction materials, including debris, do not enter any waterway to become drift or pollution hazards . You are to contact the appropriate state and local government officials to ensure that the subject work is performed in compliance with their requirements . This -verification is valid for a period of two years from the date of this letter, unless the nationwide permit is modified, suspended or revoked. This verification will remain valid for two years from the date of this letter if the activity complies with the terms of any subsequent modifications of the nationwide permit authorization. If the nationwide permits are suspended, revoked, or modified in such a way that the activity would no longer comply with the terms and conditions of a nationwide permit, and the proposed activity has commenced, or is under contract to commence, the permittee shall have 12 months from the date of such action to complete the activity. This authorization is conditional on the applicant' s receipt of the required water quality certificate or waiver from the New York State Department of Environmental Conservation (NYSDEC) . No work may be accomplished until the required approval from NYSDEC has been obtained. Within 30 days of the completion of the activity authorized by this permit and any mitigation required by this permit, you are to sign and submit the attached compliance certification form to this office. If any questions should arise concerning this matter, please contact James H. Cannon, of my staff, at (917) 790-841.2 . Sincerely, Georg eves Chief, estern Permits Section Enclosures cf : NYSDEC - Region 3 Town of Wappinger 5