Title 9 Part 272

All applications for a license to remove sand, gravel and/or other materials from State-owned lands under water pursuant to subdivision 5 of section 3 of the Public Lands Law shall be in the form of a letter addressed to the Commissioner of General Services, Albany, New York, Attention: Bureau of Surplus Real Property. Each application must set forth: the full and complete name and address of the applicant; the full name of the dredge to be involved in connection with the license being sought; the port of registry or home port of such dredge; the full and complete name and address of the owner or owners of such dredge; and the area to be dredged. With each application there must be submitted a duplicate of any permit required for the proposed dredging, by the U.S. Department of the Army, Corps of Engineers.

Each application shall be accompanied by a certified check, payable to the Commissioner of General Services, State of New York, for the sum of $50 to cover the cost and expenses of the investigation incident to such application. This payment shall be considered a fee and no part of such payment shall be refunded.

Licensees shall release and save harmless the people of the State of New York from any and all damages, claims for damages or suits that may arise or occur directly or indirectly as a result of any operation carried on under and pursuant to said license. Licensees shall release the State from any and all claims, damages and/or rights of action which shall accrue to the licensee or any of its employees or agents that may arise or occur directly or indirectly as a result of any operation carried on under or pursuant to said license. Licensee at his own expense shall defend any and all suits against the State of New York which may be brought by third parties as a result of any operation carried on pursuant to or in accordance with the terms of such license.

Each licensee shall permit authorized representatives of the Commissioner of General Services to have full, free and untrammeled access to all vessels, yards, buildings, structures and erections of every name, nature, character and description used in connection with the operations carried on under said license, and shall accord full, free and untrammeled inspection and examination of all records and books of account kept in connection with said operations.

The licensee shall pay the State for the privilege granted by such license at a per cubic yard rate for each and every cubic yard of material taken under such license as shall be fixed and determined by the Commissioner of General Services. On or before the 10th day of each and every month that such license is in effect the licensee shall make payment to the State for the privilege granted at the rate so fixed for the period ending on the last day of the preceding month, payment to be made by certified check payable to the Commissioner of General Services.

The authority conferred by a license may be terminated by the Commissioner of General Services at any time for the failure on the part of the licensee to comply with any of the terms or provisions of said license. In the event of such termination, the license shall be deemed to have been terminated on and after the date when the Office of General Services shall mail to the licensee at the address given in his application a certified copy of the order of the Commissioner of General Services directing such termination.