5_USACE_Permit_Reverification.pdf

DEPARTMENT OF THE ARMY

NEW YORK DISTRICT, CORPS OF ENGINEERS

JACOB K. JAVITS FEDERAL BUILDING

26 FEDERAL PLAZA

NEW YORK, NEW YORK 10278-0090

Regulatory Division

SUBJECT: Permit Application Number NAN-2025-01009-MLO by New York State Office of Resilient Homes and Communities

Devon Shumate New York State RHC 641 Lexington Avenue New York, NY 10022

Dear Ms. Shumate:

On November 13, 2025, the New York District of the U.S. Army Corps of Engineers received a request for Department of the Army authorization for the discharge of fill material into and/or the placement of structures in and over navigable waters of the United States. The proposed work includes the installation of approximately 4,494 seeded disks within 286 existing ecological concrete armor units.

The armor units are located below the plane of Mean Higher High Water (MHHW) on Breakwaters D, F, G, and H. Additionally, three (3) in-situ trials of direct seeding of oyster larvae are proposed on the lee side of Breakwaters D, F, and G. The trials will involve the temporary use of turbidity curtains covering approximately 2,000 square feet per trial. Seeded droplock units, covering approximately 4,150 square feet below MHHW on Breakwaters F, G, and H, are proposed as a contingency option if the in-situ trials are canceled. The site is located in the Raritan Bay, along the Tottenville shoreline, Lat: 40.49399, Long: -74.246065, in Staten Island, Richmond County, New York.

This is a reverification of the above mentioned activities previously verified on February 26, 2026.

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(s) 27 AQUATIC HABITAT RESTORATION, ESTABLISHMENT, AND ENHANCEMENT ACTIVITIES. The nationwide permits are prescribed as a Reissuance and Modification of Nationwide Permits in the Federal Register dated January 8, 2026 (91 FR 768). The work may be performed without further authorization from this office provided the activity complies with the permit conditions listed in Section B, No(s). 27 AQUATIC HABITAT RESTORATION, ESTABLISHMENT, AND ENHANCEMENT ACTIVITIES, Section C, any applicable New York District regional conditions, the following special condition(s), and any applicable regional conditions added by the State of New York, copies enclosed. The 2026 by New York State Office of Resilient Homes and Communities

- 2 -nationwide general permits in the State of New York, including their regional conditions, water quality certifications, and coastal zone management concurrence statements are also available at: https://www.nan.usace.army.mil/Missions/Regulatory/Nationwide- Permits/.

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 form 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) Within Essential Fish Habitat (EFH), if any work is proposed within areas identified as EFH for winter flounder eggs and larvae, in-water work shall be avoided from January 1 to May 31 of any year except for the calendar year 2026. A PCN is required if a variance of this seasonal work window is requested.

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 until March 15, 2031, unless the nationwide permit is modified, reissued, or revoked. This verification will remain valid until March 15, 2031, 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 coastal zone management concurrence or waiver from the New York State Department of State (NYSDOS). No work may be accomplished until the required approval from NYSDOS has been obtained.

https://www.nan.usace.army.mil/Missions/Regulatory/Nationwide-Permits/ https://www.nan.usace.army.mil/Missions/Regulatory/Nationwide-Permits/ by New York State Office of Resilient Homes and Communities

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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.

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 917-790-8221 Sincerely, Matthew Look Project Manager Metro NY/NJ Branch

Enclosures https://www.nan.usace.army.mil/Missions/Regulatory/Customer-Survey/

NATIONWIDE GENERAL PERMIT

COMPLIANCE CERTIFICATION

AND REPORT FORM

Permit File Number: NAN-2025-01009-MLO Permittee: New York State Office of Resilient Homes and Communities Location: Lat: 40.49399 Long: -74.246065, Tottenville Shoreline, Staten Island, Richmond County, New York

Date Permit Letter Issued: ____________________

Within 30 days of the completion of the activity authorized by this nationwide general permit and any mitigation required in the verification letter, please sign this certification and return it to the address at the bottom of this form.

Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the permit’s terms and conditions you are subject to permit suspension, modification or revocation.

I hereby certify that the work authorized by the above referenced nationwide general permit has been completed in accordance with the terms and conditions of said permit, and required mitigation was completed in accordance with the permit conditions.

Signature of Permittee Date

FOLD THIS FORM INTO THIRDS, WITH THE BOTTOM THIRD FACING OUTWARD.

TAPE IT TOGETHER AND MAIL TO THE ADDRESS BELOW OR EMAIL TO CENAN-

R-PERMIT-APP@USACE.ARMY.MIL.

DEPARTMENT OF THE ARMY

NEW YORK DISTRICT CORPS OF ENGINEERS

USACE OPERATIONS/REGULATORY 16-406

C/O PSC MAIL CENTER 26 FEDERAL PLAZA

NEW YORK, NEW YORK 10278

PLACE

STAMP

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mailto:CENAN-R-Permit-app@usace.army.mil mailto:CENAN-R-Permit-app@usace.army.mil

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