HomeMy Public PortalAboutr 10-051
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1(}-S1 . Febnnry 4 2010
No. Date of Adoption.....: ~-----.:........~..!....... .
AUTHORIZING A PROFESSIONAL ENGINEERING SERVICES
CONTRACT WITH CME ASSOCIATES, FOR PREP ARA nON OF
US ARMY CORPS OF ENGINEERS PERMIT FOR THE PIER
EXTENSION AND WAVE SCREEN
\VHEREAS. the Borough of Carteret is in need of specialized engineering
services in connection with the preparation of the US Army Corps of Engineers
Pennit for the Pier Extension and wave screen; and
WHEREAS, CME Associates, 1460 Route 9 South, Howell, New Jersey 07731,
possesses the requisite experience and expertise to provide said services; and
\VHEREAS, CME Associates has submitted a proposal to provide said services
at a total cost not to exceed $7,655.00; and
"'HEREAS, the Mayor and the Council have reviewed said proposal; and
WHEREAS, the Chief Financial Officer has certified that funds are or wiil be
available for said purpose.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the
Borough ofCarteret, County of Middlesex, State of New Jersey, as foHows:
1. TIle proposal from c:tvrn Associates for engineering services related to the
preparation of the US Army Corps of Engineers Permit for the Pier
Extension and wave screen, at a total cost not to exceed $7,655.00 is
hereby approved.
2. Ibis action is approved as an award of a professional services contract
pursnant to NJ.S.A 40A:11-5(1)(a) in accordance with the Borongh's Fair
and Open Process as authorized by law.
3. A copy of tltis Resolution be fonvarded to the Borongh's Purchasing
Department and CME Associates.
Adopted tills 4th day ofFebrnary, 2010
and certified as a trne copy of the
original on Febrnary 5, 2010.
KATHLEEN M. BARNEY, MMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.B. COUNCILMA..~ YES NO NY A.B.
BELLINO X KRUM x
x NAPLES x
DIAZ
x x
DI-fIASCIO S ITARZ
x . Indicate Vote AB . Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the r\'lunicipal Council
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JOHN H. ALLGAIR. P.E.. P.P. tt983.2001)
DAVID J. SAMUEL, RE., P.P.
JOHN J, STEFANI, RE., L.S., p.p,
JAY B. CORNELL, P.E., P.P.
MICHAEL J. McCLELLAND, P.E.. RP.
GREGORY A. VAlESI, P,E., p.p.
TIMOTHV W. GILLEN, P,E., P.P.
BRUCE M, KOCH, RE., POP.
ERNEST J. PETERS, JR" RE., P.P.
BEHRAM lURAN, P,E.
TREVOR J. TAYLOR, RE., P.P.
LOUIS J. PlOSKQNKA, RE.
Honorable Mayor Daniel J. Reiman
Borough of Carteret
Municipal Building
61 Cooke Avenue
Carteret, NJ 07008
Re: Proposal for Professional Environmental Consulting Services for the
Pier Extension, US Army Corps of Engineers Permitting
Block 4, Lot3.
Borough of Carleret, Middlesex County, NJ
Proposal No. 2009-213
Dear Mayor Reiman:
We are pleased to have the opportunity to present our proposal for professional
environmental consulting services for the above-referenced project. This proposal
outlines the scope and costs of services necessary to prepare and submit an Individual
Permit application to the New York District of the US Army Corps of Engineers (ACOE),
for the pier extension and wave screen.
This project has previously received authorization from the State of New Jersey,
Department of Environmental Protection, for an Individual Waterfront Development
Permit (issued September 14, 2006, original permit enclosed). Simultaneous with the
NJDEP Permit application, we filed an application with the ACOE for their approval. The
ACOE responded by saying that they would not review it separately from the previously
submitted Marina Individual Permit application. Since their initial response, however,
they have said that they will review the pier extension separately from the marina if we
can demonstrate that they are of separate use; our new submission will demonstrate this
condition. In considering the three year time lapse since the original submission, the
ACOE is requiring a new application package be submitted. It will be our intention to
utilize much of the same information previously submitted, in an effort to reduce costs to
the Borough.
The cost of these services will be.................................................................. $7,655.00
S:\Cartarel\Proposals\2009-213 Pier Ext ACOE Permill;ng 11-13-00.doo
CONSU\.1lNG1'Ml MUNICJ>PL ENGIIIEERS
t480 ROUTE 9 SOUTH. HOWELL. NEW JERSEV 0773t - (732) 4$2-7400 - FAX: (732) 409..756
@
Borough of Carteret
Re: Carteret Promenade Pier Extension
Proposal No. 2009-213
November 13, 2009
Page 2
Exceptions
. Any environmental permitting beyond the scope outlined above will be considered
extra. Said fees will be based on the hourly rate or a fixed fee mutually agreed upon
writing.
. The above-quoted fees will be in effect for a period of twelve (12) months from the
date of this proposal; however, the fees on the hourly rate schedule are subject to
change by January 1 of each year.
Should you accept our fee estimate, kindly provide a purchase order or professional
services resolution authorizing same.
We would like to thank you. for allowing us to present this propos a an look forward to
continue working with you in providing the professional services yo requi e.
GRV:JAG:mrm
cc: John DuPont, PE, CME w/enclosure
S:\Carterel\Proposals\2009.213 PierExt ACOE PermiWng 11.13-09.doe
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The New Jersey Department of Envirorunental Protection grants this permit in accordance with your application, attachments
accompanying same application, and applicable laws and regulations, This permit is also subject to the further conditions and
stipulations enumerated in the supporting documents which are a eed to by the permittee upon acceptance of the ermit.
Permit No. 1201.02.0003.1 WFD 060003 (In Water) Application No, . Same as Permit No,
Issuance Date
Se tember 14 2006
Name and Address of Applicant
Mayor Daniel J, Reiman
Borough ofCarteret
61 Cooke Avenue
Carteret, NJ 07008
Location of Activity/Facility (Slreet
Address) .
Carteret Waterfront Park & Marina
Industrial Highway & Middlesex Avenue
Borough of Carteret, Middlesex County
Block: 4 Lot: 3
Effective Date
Se tember 14, 2006
Name and Address of OWller
Same as Applicant
Expiration Date
Se tember 13 201l
Name and Address of Operator
Same as Applicant
Issuing Division
Statute(s)
NJSA 12:5-3
NJSA 58:16A.50
Land Use Regulation
Type of Permit Waterfront Development Permit & Water Maximum Approved Capacity,
uali Certificate if a licable N/A
This permit grants permission to: install a wave screen along the eastern boundary of the proposed marina adjacent to the
Arthur Kill at Block 4; Lot 3 in Carteret, Middlesex County. .
The activities authorized by this permit are shown on sheet I of 1 entitled "BOROUGH OF CARTERBT MIDDLESEX
COUNTY, NEW JERSEY WATERFRONT PIER EXTENSION LOT 3 BLOCK 4 SITE PLAN AND DETAILS OF
PROPOSED W A VE-SCRBEN", dated MAY 2006, unrevised and prepared by CME ASSOCIATES.
This permit is authorized under, and in compliance with the Rules on Coastal Zone Management,.N,J,A.C. 7:7E-1.l et seq.,
specifically: N.J.A.C.7:7E-3.7 Navigation Channels, NJ,A.C.7:7E-3.43 Special urban areas, N,J,A,C.7:7E-3.47 Geodetic
control reference marks, N.J,A.C.7:7E-4.19 Breakwaters and N,J,A.C.7:7E.8.11 Public Access to the Waterfront.
By issuance of this permit, the State of New Jersey does not relinquish tidelands oWllership or claim to any portion of the
subject property or adjacent properties.
The permittee shall allow an authorized Division representative the right to inspect the construction pursuant to NJ.A.C. 7:7-
l.S(b)4. .
Prepared By: flilJ MtJ.,J , ~ ~ A
AII~
(See page 3 for Supervisor's signature,)
Approved by the. Department of Envirorunental Protection
Name (Print or Type)
Signature
Title
Date
*The word ermitmealls 110
Gel/eral COl/dltlol/s are 01/ Pa e 1\\10
page 2
File No. 1201-02.0003.1 WFD 060003
This permit Is Issued subject to, and provided, the following conditions are met to the satisfaction of the
Division of Land Use Regulation. All conditions must be met prior to construction unless otherwise
specified. Compllance with Administrative Conditions shall he determined once copies of all specified
permits, certifications, plaIls, agreements, etc. have been received, not less than 30 days prior to
construction, and approved by the Division of Land Use Regulation. All Physical Conditions are subject
to on-site compliance Inspection by the Bureau of Coastal and Land Use Enforcement. As per N.J.A.C.
7:7-1.5(b)1, you must notify the Bureau of Coastal and Land Use Enforcement, In writing at least three
(3) days prior to commencement of construction or site preparation.
TillS PERMIT IS SUBJECT TO THE FOLLOWING GENERAL CONDITIONS:
1. Extent of approval: This document grants permission to perfonn certain activities that are regulated by the
State of New Jersey. The approved work is described by the text of this pennit and is further detailed by the
approved drawings listed below. All work must conform to the requirements, conditions and limitations of this
permit and all approved drawings. You must keep a copy of this permit and all approved drawings readily
available for inspection at the work site. Approved work may be altered only with the prior written approval of
the Department. If you alter the project without prior approval, or expand work beyond the description of this
permit, you may be in violation of State law and may be subject to fines and penalties.
2. Acceptance of permit: If you begin any activity approved by this permit, you thereby accept this document
in its entirety and agree to adhere to all terms and conditions. If you do not accept or agree with this document
in its entirety, do not begin construction. You are entitled to request an appeal within a limited time as detailed
on the attached Administrative Hearing Request Checklist and 'I:racklng Form. You may also contact the
project manager shown on the frrst page if you have any questions or concerns about this document.
3. Recording with County Clerk: You must record this permit in the Office of the County Clerk for each
county involved in this project. You must also mail or fax a copy of the front page of this pelmit to the
Department showing the received stamp from each County Clerk within 30 days of the issuance date (or 90 days
if multiple counties are involved). The Department's address and fax number are shown 011 the first page of this
permit.
4. Notice of Construction: You must notify the Deparhnent in writing at least 7 days before you begin any
work approved by this permit. The Department's address and fax number are shown on the first page of this
permit. Please direct your letter to the project manager shown on the first page.
5. Expiration date: All activities authorized by this permit must be completed by the expiration date shown on
the frrst page. At that time, this permit will automatically become invalid and none of the approved work may
begin or continue until a replacement permit is granted. (Some coastal permits may qualify for an extension of
the expiration date. Please contact the Department for further information.)
6. Rights of the State: This permit is revocable and subject to modification by the State with due ca.use. The
State may inspect the work site and may suspend construction if work does not comply with this pennit. This
permit does not grant property rights. The issuance of this permit shall not affect any action by the State on
future applications, nor affect the title or ownership of property, nor make the State a party in any suit or
question of ownership.
Page 3
File No. 1201-02-0003.1 WFD 060003
7. Other responsibilities: You must oblain all necessary local, Federal and other State approvals before you
begin work. All work must be stabilized in accordance with the Standards for Soil Erosion and Sediment
Control in New Jersey, and all fill material must be free of toxic pollutants in toxic amounts as defined in
section 307 of the Federal Act.
C: Carteret Construction Official
State of New Jersey
Department of Environmental Protection
Division of Land Use Regulation
Bureau oflnland Regulation
Environmental Summary Report
September 2006
Re: Waterfront Develonment Permit
DLUR FILE: 1201-02-0003.1 WFD 060003 (In Water)
APPLICANT: Borough ofCarteret
PROJECT: lnstallation of wave screen
Carteret, Middlesex County
Introduction:
The applicant, the Borough of Carteret, is proposing to install a wave screen along the eastern
boundary of the proposed marina adjacent to the Arthur Kill at Block 4; Lot 3 in Carteret, Middlesex County.
The wave screen consists of steel H-beam piles. The overall purpose of the wave screen is to reduce the
disturbance caused by commercial andlor other vessels along the Arthur Kill.
The Division of Land Use Regulation has regulatory jurisdiction over this project. The proposed
work will occur below artdlor within 500 feet of the mean high water line of a tidal water body.
Consequently, this project will be reviewed under the Coastal Zone Management Rules.
Administrative IDstorv:
The proposed project is the first step of Phase III in the Borough of Carteret's redevelopment of the
waterfront area along the Arthur Kill. Phase I and IT of the project have already been completed and were
previously approved on May 25, 2004 lfllder the following DLUR File Numbers: 1201-02-
0003.1WFD040001(IP Upland), WFD040002 (IF in Water), FWW040001 (FWTW), FWW040002
(FWGP7), FWW040003 (FWGPlOA) withdrawn, FWW040004 (FWGP II), and FWW040005 (FWGPI7).
On June 20, 2006, the Department received this Waterfront Development Permit application to
authorize the installation of a wave screen along the Arthur Kill (DLUR File No. 1201-02-
0003.1WFD060003(In Water). With this, the 90th day deadline for this application is September 17,2006.
There were no public comments received in response to this project.
Waterfront Develonment Permit Analvsis
The analysis of this application is based on the relevant criteria set forth in the Rules on Coastal Zone
Management NJ.A.C. 7:7E- I et seq.
7 :7E-3.7 Navigation Channels:
(a) Navigation channels are tidal water areas ineluding the Atlantic Ocean, IlIlets, bays, rivers alld tidal
guts with sufficiellt depth to provide safe /lavigatio/l. Navigatioll cha/l/lels i/lelude all areas between the top
of the cha/lllel slopes on either side. 11lese /lavigation cha/lnels are oftell marked with buoys or stakes.
Major /lavigation cha/l/lels are showlI 0/1 NOAA/Natiollal Ocea/l Service Charts.
(b) Stalldards relevallt to lIavigatioll challllels are asfollows:
I. Developmellf which would cause terrestrial soil alld shorelllle erosion alld siltatioll ill lIavigatioll
cha/lllels shall utilize appropriate mitigatiolll/leasures.
Page 2
2. Development which would result in the loss ofnavigablllty is prohibited.
3. Any cOllStmction which would extend into a navigation channel is prohibited.
4. The placement of stmctures within 50 feet of any authorized navigation channel Is discouraged, unless
it can be demonstrated that the proposed stmcture will not hinder navigation.
No construction will extend into the channel and no structures will be placed within the channel.
Therefore, the proposed activity will not result in the loss of navigability. Compliance with this section has
been demonstrated.
7:7E-3.43 Special urban areas
(a) Specialurball areas are those municipalities dejined In urban aid legislation (N.J.S.A. 52:27D-178)
qualified to receive State aid to enable them to maintain and upgrade municipal services and offset local
property taxes. Under N.J.S.A. 52:27D-178 et seq., the Department of Community Affairs (DCA) establishes
a list of qualifYing municipalities eachjiscal year. DCA's list of qualifYing municipalities may be obtained
on request from the Department's Division of Land Use Regulation, PO Box 439, Trenton, New Jersey
08625-0439, (609) 292-0060.
(b) Development that will help to restore the economic and social viability of special urban areas Is
encouraged. Development that would adversely affect the economic well being of these areas is
discouraged, when an alternative which is more benejicial to the special urban areas Is feasible.
Development that would be of economic and social benejit and that serves the needs of local residents and
neighborhoods is encouraged.
The Borough of Carteret is listed as a Special Urban Area. The proposed wave screen is part of a
larger project by the Borough of Carteret that will provide public access to the waterfront and encourage
tourism. The wave screen will help to provide a safe and quiet water environment for boats in and around
the planned marina. The installation of the wave screen along with the overall redevelopment of the
waterfront area will encourage public use and provide social benefits that will serve the needs of the
surrounding neighborhood. Compliance with rule has been demonstrated.
7:7.E-3.47 Geodetic control reference marks
(a) Geodetic control reference marks are traverse stations and benchmarks established or used by the New
Jersey Geodetic Control Survey pursuant to P.L. J 934, c. J J 6.
(b) The disturbance of a geodetic control reference mark is discouraged. When a
geodetic control reference mark must be moved, raised or lowered to accommodate
construction, the New Jersey Geodetic Control Survey shall be contacted at least 60 days
prior to disturbance, and al1'angements shall be made to protect the position. If the
position COIl not be protected, it may be altered in position ajier approval by the New
Jersey Geodetic Control Survey and under the supervision of a licensed professional
engineer or land surveyor using standard methods. Copies of jield notes and instmlllents,
tape, and rod specificatiollS including calibration data, shall be submitted to the New
Jersey Geodetic Control Survey.
According to NJDOT Geodetic Survey, there are no geodetic control survey markers on this
property. Compliance with this rule has been met.
7:7E-4.19 Breakwaters
(a) Breakwaters, including, but not limited to, those constructed of concrete, rubble 1Il00md and tilllber, are
structures designed to protect shoreline areas or boat moorings by intercepting waves and reducing the
wave energy which would normally impact the adjacent shoreline areas or boat 1Il00ring areas. Typically,
timber breakwmers are designed and utilized to proteel boat moorillgs. In most cases concrete or rubble
Page 3
mound breakwaters are designed and utilized to protect shoreline areas which are subject to storm waves
and associated erosion. .
(b) Constroction of breakwaters is conditionally acceptable provided:
1. Timber, vinyl or plastic breakwaters shall be at least 18 inches above the bottom of the watenvay and
shall provide a minimum of three inch spacing between planks except as provided at (b)3 below. The
individual plank width shall not exceed six inches; and
2. For detached breakwaters which are not fixed directly to a dock or pier strocture, marking with
photocell/ights and/or rejlectors is required; and
3. The cOIIStroction of brea,,",-ater structures other than those which comply with (b)1 above shall be
consistent with the acceptability conditions for Filling, N.J.A.C. 7: 7E-4. 10 and Structural Shore Proteclion
N.J.A.C. 7:7E-7.11.
The proposed breakwater shall be constructed of steel instead of wood, vinyl, or plastic. The steel
sheeting is necessary to provide adequate protection to small vessels at the proposed marina as well as people
standing on the. docks. The Arthur Kill is a major navigation channel with tugboats and freighters that leave
a high-energy wake. Wood, vinyl, or plastic materials would be susceptible to damage from the wake, and
wood, vinyl or plastic would be insufficient .in attenuating the wave energy. The steel sheet piling of the
proposed wave screen will be constructed at least 18-inches from the bottom of the waterway and does not
constitute as filling as defined atN.J.A.C. 7:7E-4.10(a). Compliance with this rule has been met.
7:7E - 8.11 Public Access to the Waterfront:
(a) Public access to the waterfront is the ability of all members of the community at large to pass physically
and visually to, fi'om and along the ocean shore and other wateifronts.
(b) Coastal development adjacent to all coastal waters, Including both natural and developed waterfront
areas, shall provide permanent perpendicular and /inear access to the wate/front to the maximum extent
practicable, including both visual and physical access. Development that limits public access and the
diversity of the waterji'ont experiences is discouraged.
The public will have full access to the redeveloped waterfront area. In addition, the proposed
activity includes a pedestrian walkway along the waterfront. Compliance with this rule has been met.
Conclusion:
Based upon the preceding analysis, the applicable rules on Coastal Zone Management Policies will
be met.
Prepared by: