14c - TOB MOD NAN-2021-01105-M3.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, NEW YORK DISTRICT

JACOB K. JAVITS FEDERAL BUILDING

26 FEDERAL PLAZA

NEW YORK NEW YORK 10278-0090

REGULATORY DIVISION

SUBJECT: Request for Permit Modification of Department of the Army Permit Number

NAN-2021-01105-M2 Issued to Town of Babylon

Town of Babylon c/o Brian Zitani 200 East Sunrise Highway Lindenhurst, NY 11757

Dear Mr. Zitani:

In accordance with the provisions of Section 10 of the Rivers and Harbors Act (33 U.S.C. 403) the Town of Babylon was issued Department of the Army Permit Number NAN-2021-01105 by the District Engineer on December 7, 2021 (copy enclosed). This permit authorized the placement of approximately 42,000 Cubic Yards (CY) of dredged material as beach nourishment along approximately 0.19 miles of Overlook Beach over approximately 271,000 Square Feet (6.3 acres). Approximately 29,000 CY of the dredged material to be placed below the Plane of Spring High Water over approximately 190,000 Square Feet (4.4 acres), and the remaining approximately 13,000 CY of the dredged material to be placed landward of Spring High Water over approximately 81,000 Square Feet (1.9 acres). The project is located in the Atlantic Ocean, at Overlook Beach at 200 Ocean Parkway, Village of Babylon, Town of Babylon, Suffolk County, New York.

The Town of Babylon was issued Department of the Army Permit Number NAN- 2021-01105-M1 by the District Engineer on August 22, 2024 (copy enclosed). The permit authorized the following work, located in the Atlantic Ocean, at Overlook Beach at 200 Ocean Parkway, Village of Babylon, Town of Babylon, Suffolk County, New York.

The placement of approximately 70,000 cubic yards over approximately 261,010 square feet (6.07 acres). Approximately 67,900 CY of the dredged material to be placed below the Plane of Spring High Water over approximately 213,710 Square Feet (4.97 acres), and the remaining approximately 2,100 CY of the dredged material to be placed landward of Spring High Water over approximately 47,300 Square Feet (1.10 acres). The extension of the permit expiration date from December 7, 2024, to June 7, 2026.

On January 9, 2026, the Town of Babylon was issued Department of the Army Permit Number NAN-2021-01105-M2 by the District Engineer (copy enclosed). The permit authorized an extension of the expiration date from June 7, 2026, to June 7, 2027.

The New York District has reviewed the email dated April 23, 2026, in which the applicant requested to increase the amount of dredged material placed on Overlook Beach. The request was to place approximately 100,000 cubic yards of dredged material over 261,010 square feet (6.07 acres) on the beach. Approximately 60,000 cubic yards would be placed over an area of 213,710 square feet below the plane of Spring High Water, and the remaining approximately 40,000 cubic yards to be placed landward of Spring High Water.

June 10, 2026

NAN-2021-01105

-2-

Based upon our evaluation of the submitted materials, we hereby approve your request to increase the amount of material placed on Overlook Beach. The modification of this permit shall be known as Department of the Army Permit Number NAN-2021- 01105-M3. All other permit conditions to which the authorized work was made subject shall remain in effect. This letter shall be added to all copies of the permit, including those at the work site.

In order for us to better serve you, please complete our Customer Service Survey located at https://www.nan.usace.army.mil/Missions/Regulatory/Customer-Survey/. If any questions should arise concerning this matter, please contact Matthew Look, of my staff, at matthew.look@usace.army.mil

Sincerely, FOR AND IN BEHALF OF

Alexander L. Young Colonel, U.S. Army District Engineer

June 10, 2026

1200 Veterans Memorial Highway Hauppauge, New York 11788 631.348.7600

NO. DATE DESCRIPTION

IT IS A VIOLATION OF NEW YORK

PROFESSIONAL ENGINEER, TO

ALTER AN ITEM ON THIS DRAWING

IN ANY WAY. IF AN ITEM IS

PERSON, UNLESS ACTING UNDER

STATE EDUCATION LAW FOR ANY

THE DIRECTION OF A LICENSED

ALTERED, THE ALTERING ENGINEER

"ALTERED BY" FOLLOWED BY HIS

SUCH ALTERATION, AND A SPECIFIC

DESCRIPTION OF THE ALTERATION.

SIGNATURE AND THE DATE OF

SEAL AND THE NOTATION

SHALL AFFIX TO THE ITEM HIS

SCALE

DRAWN BY

DESIGNED BY

CHECKED BY

DATE

SHEET OF

DRAWING NUMBER

VS C301

G.G.

R.J.W

XX

1"=20' 1

MARCH 2026

ELEVATION LOSS TABLE

Number

MIN LOSS(FT)

0.00

7.00

15.00

MAX LOSS(FT)

7.00

15.00

24.78

Color

1515 LF ±

TOWN OF BABYLON

LINDENHURST, NY 11757

OVERLOOK BEACH

OAK BEACH, NY 11702

SEAWALL DESIGN

MARCH 2026 26007.100

ESTIMATE OF SAND LOSS

PRELIMINARY

BEACH LOSS CALCULATION

1515 LF OF BEACH

LOSS = 105,900 CY

69.9 CF/FT

ATLANTIC OCEAN

OVERLOOK BEACH

PARKING LOT

2024 CONTOUR LINE

2026 SPOT GRADES

LEGEND

X 12.3

June 10, 2026USACE FILE: NAN-2021-01105-M3

JACOB K. JAVITS FEDERAL BUILDING

26 FEDERAL PLAZA

NEW YORK NEW YORK 10278-0090

REGULATORY DIVISION

SUBJECT:

NAN-2021-01105-M Issued to Town of Babylon

Town of Babylon c/o Brian Zitani 200 East Sunrise Highway Lindenhurst, NY 11757

Dear Mr. Zitani:

In accordance with the provisions of Section 10 of the Rivers and Harbors Act (33 U.S.C. 403) the Town of Babylon was issued Department of the Army Permit Number NAN-2021-01105 by the District Engineer on December 7, 2021 (copy enclosed). This permit authorized the placement of approximately 42,000 Cubic Yards (CY) of dredged material as beach nourishment along approximately 0.19 miles of Overlook Beach over approximately 271,000 Square Feet (6.3 acres). Approximately 29,000 CY of the dredged material to be placed below the Plane of Spring High Water over approximately 190,000 Square Feet (4.4 acres), and the remaining approximately 13,000 CY of the dredged material to be placed landward of Spring High Water over approximately 81,000 Square Feet (1.9 acres). The project is located in the Atlantic Ocean, at Overlook Beach at 200 Ocean Parkway, Village of Babylon, Town of Babylon, Suffolk County, New York.

The Town of Babylon was issued Department of the Army Permit Number NAN-2021-01105-M1 by the District Engineer on August 22, 2024 (copy enclosed). The permit authorized the following work, located in the Atlantic Ocean, at Overlook Beach at 200 Ocean Parkway, Village of Babylon, Town of Babylon, Suffolk County, New York.

The placement of approximately 70,000 cubic yards over approximately 261,010 square feet (6.07 acres). Approximately 67,900 CY of the dredged material to be placed below the Plane of Spring High Water over approximately 213,710 Square Feet (4.97 acres), and the remaining approximately 2,100 CY of the dredged material to be placed landward of Spring High Water over approximately 47,300 Square Feet (1.10 acres). The extension of the permit expiration date from December 7, 2024 to June 7, 2026.

The New York District has reviewed the email dated January 8, 202 , in which the applicant requested t

Based upon our evaluation of the submitted materials, we hereby approve your request to modify the subject permit expiration date from June 7, 2027. The modification of this permit shall be known as Department of the Army Permit Number NAN-2021-01105-M2. All other permit conditions to which the authorized work was made subject shall remain in effect. This letter shall be added to all copies of the permit, including those at the work site.

January 9, 2026

NAN-2021-01105

-2-

In order for us to better serve you, please complete our Customer Service Survey located at https://www.nan.usace.army.mil/Missions/Regulatory/Customer-Survey/. If any questions should arise concerning this matter, please contact Matthew Look, of my staff, at matthew.look@usace.army.mil

Sincerely, FOR AND IN BEHALF OF

Alexander L. Young Colonel, U.S. Army District Engineer

JACOB K. JAVITS FEDERAL BUILDING

26 FEDERAL PLAZA

NEW YORK NEW YORK 10278-0090

REGULATORY BRANCH

SUBJECT: Request for Permit Modification of Department of the Army Permit Number NAN-2021-01105 Issued to Town of Babylon

Town of Babylon c/o Brian Zitani 200 East Sunrise Highway Lindenhurst, NY 11757

Dear Mr. Zitani:

In accordance with the provisions of Section 10 of the Rivers and Harbors Act (33 U.S.C. 403) the Town of Babylon was issued Department of the Army Permit Number NAN-2021-1105 by the District Engineer on December 7, 2021 (copy enclosed). This permit authorized the placement of approximately 42,000 Cubic Yards (CY) of dredged material as beach nourishment along approximately 0.19 miles of Overlook Beach over approximately 271,000 Square Feet (6.3 acres). Approximately 29,000 CY of the dredged material to be placed below the Plane of Spring High Water over approximately 190,000 Square Feet (4.4 acres), and the remaining approximately 13,000 CY of the dredged material to be placed landward of Spring High Water over approximately 81,000 Square Feet (1.9 acres). The project is located in the Atlantic Ocean, at Overlook Beach at 200 Ocean Parkway, Village of Babylon, Town of Babylon, Suffolk County, New York.

The New York District has reviewed the letter dated February 22, 2024 requesting to increase the amount of dredged material placed on Overlook Beach and extend the permit expiration date for the subject Department of the Army (DA) Permit NAN-2021- 01105. The request was to place approximately 70,000 cubic yards over approximately 261,010 square feet (6.07 acres). Approximately 67,900 CY of the dredged material to be placed below the Plane of Spring High Water over approximately 213,710 Square Feet (4.97 acres), and the remaining approximately 2,100 CY of the dredged material to be placed landward of Spring High Water over approximately 47,300 Square Feet (1.10 acres). The permittee requested to extend the permit expiration date from December 7, 2024 to . This extension will allow time to complete the authorized work.

Based upon our evaluation of the submitted materials, we hereby approve your request to increase the amount of material placed on Overlook Beach, and modify the subject permit expiration date. The modification of this permit shall be known as Department of the Army Permit Number NAN-2021-01105-M1. All other permit conditions to which the authorized work was made subject shall remain in effect. This letter shall be added to all copies of the permit, including those at the work site.

August 22, 2024

REGULATORY BRANCH

NAN-2021-01105

-2-

In order for us to better serve you, please complete our Customer Service Survey located at https://www.nan.usace.army.mil/Missions/Regulatory/Customer-Survey/. If any questions should arise concerning this matter, please contact Lindsey Neuwirth, of my staff, at (917) 790-8518.

Sincerely, FOR AND IN BEHALF OF

Alexander L. Young Colonel, U.S. Army District Engineer

Digitally signed by Rosita Miranda Date: 2024.08.22 09:09:17 -04'00'

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1145-2-303b (Town of / Beach/Beach Nourishment)

ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

DDEPARTMENT OF THE ARMY PERMIT

Permittee:

Permit Number:

Permit Date:

Issuing Office:

Town of Babylon

200 East Sunrise Highway Lindenhurst, NY 11757 (631)-422-7640

NAN-2021-01105

US Army Corps of Engineers, New York District

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description:

The regulated work consists of the placement of approximately 42,000 Cubic Yards (CY) of dredged material as beach nourishment along approximately 0.19 miles of Overlook Beach over approximately 271,000 Square Feet (6.3 acres). Approximately 29,000 CY of dredged material will be placed below the Plane of Spring High Water over approximately 190,000 Square Feet (4.4 acres), and the remaining approximately 13,000 CY of dredged material will be placed landward of Spring High Water over approximately 81,000 Square Feet (1.9 acres).

All work shall be performed in accordance with the attached dated permit drawings;

Special Conditions (A) through ( ) listed below, and the New York State Department of Environmental Conservation Section 401 Water Quality Certificate Number 1-4720-03981/00013 which are all hereby made part of this permit.

Project Location:

IN: Atlantic Ocean

AT: Overlook Beach at 200 Ocean Parkway, Village of Babylon, Town of Babylon, Suffolk County, New York

Permit Conditions:

General Conditions:

December 7, 2021

PERMITTEE: Town of Babylon

PERMIT NUMBER: NAN-2021-01105

1. Time limit for completing the regulated work authorized herein ends on ____________________.

If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least two (2) months before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. The permittee shall allow representatives from this office to inspect the authorized activities at any time deemed necessary; and shall promptly provide any required written reports, to ensure that authorized activities are being or have been accomplished in accordance with the terms and conditions of this permit.

Special Conditions:

A. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

B. The permittee shall utilize Best Management Practices (BMPs) to minimize turbidity during all in-water work activities as well as prevent construction materials, including debris, from entering any waterway to become drift or pollution hazards.

C. The permittee shall use Best Management Practices to ensure turbidity is minimized in the water and minimize the release of suspended sediments during beach nourishment activities, including placing the material on the beach above the spring high tide line and moving the material to the intertidal zone during low tide, where practicable.

December 7, 2024

ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

The permittee shall ensure that the dredged material deposited on the shoreline is consistent with the existing, naturally-occurring grain size present at the placement area.

The permittee shall ensure that the authorized beach placement area is finished to the surrounding beach. The area shall be graded at a gentle uniform slope with no piles, ridges or holes left in the final graded beach placement materials.

To protect ESA-listed species at the beach placement areas, the permittee shall not place dredged material on any beach from April 1 to September 1 of any calendar year.

For dredging and/or placement of material occurring between September 1 and November any calendar year. Not more than seven (7) days prior to the commencement of dredging or beach placement activities, the permittee shall conduct and provide a Red Knot survey by a qualified biologist. In the event that Red Knot are observed within this period, prior to the work, or while work is being performed, the permittee shall maintain a 300 meter buffer surrounding the location of the Red Knot and notify the U.S. Army Corps of Engineers, Regulatory Branch, Eastern Section, at 917-790-8511 and the U.S. Fish & Wildlife Service (USFWS), Long Island Field Office (Region 5) at (631) 286- 0485 for further consultation and instructions. The surveys shall be conducted in the following manner: Inclement Weather: The permittee shall not conduct surveys in weather with strong winds (>24 mph), heavy fog (<200 m visibility), or steady rain.

SURVEY PROTOCOL AND DATA COLLECTION: The permittee shall begin each survey of each area by indicating the start time. The permittee shall count and identify Red Knot (and other species) in the survey area. This includes birds that enter or leave the survey area during the survey. For shorebirds to be considered "using" the survey area, the birds need to be on the ground within the defined survey area for at least part of the time it takes to do the survey.

Shorebirds that fly over the survey area but do not land in it should NOT be counted. The permittee shall record numbers as the survey is continued. The permittee shall complete surveys within the optimal 3-hour survey window around peak high tide. Once the area has been thoroughly searched and all birds seen have been recorded, the count is considered complete.

At that point, the permittee shall note the end time on the datasheet.

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. Code 403).

(X) Section 404 of the Clean Water Act (33 U.S. Code 1344).

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).

2. Limits of this authorization:

ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal project.

3. Limits of Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

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