NAN-2022-00437-TEC_USCG_LOP.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

Upstate New York Section March 29, 2023

SUBJECT: Department of the Army Permit Number NAN-2022-00437-TEC by United States Coast Guard CEU Providence

Michael P. Carosotto United States Coast Guard Civil Engineering Unit Providence 475 Kilvert Street, Suite 100 Warwick, RI 02886

Dear Mr. Carosotto:

We have completed our review of Application Number NAN-2020-00437-TEC.

Pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403), you are hereby authorized by the Secretary of the Army:

ACTIVITY: The dredging of approximately 655 cubic yards (cy) of rip-rap from the top of an existing rip-rap mound located within the Hudson River

0.5 miles west of Newton Hook. The work will involve removing the existing rip-rap to an elevation of -10 feet mean low water elevation (MLW). The dredging will be accomplished by a barge-mounted crane with a clamshell bucket to reduce the production of suspended sediments within the water column. The dredged material will be placed in a barge for transfer to the offloading at an approved facility with no return flow to the waterway. In addition, a turbidity curtain will be placed across the south side of the existing mound of rip-rap in such a way as to capture sediment plumes in the event the floor of the Hudson River is disturbed. The length of the turbidity curtain will be the width of the mound (150 ft.) plus an additional 20 ft. on either side, for a total of 190 ft. The proposed dredge area is located outside the Federal Navigation Channel.

All work shall be done in accordance with the attached plans, subject to Special Conditions A through J, which are hereby made part of this permit.

WATERWAY: Hudson River

LOCATION: Town of Stuyvesant, Columbia County, New York by United States Coast Guard CEU Providence for Dredging

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The activity authorized herein must be completed within three years of the date of this permit. This authorization is subject to the enclosed conditions. Please find enclosed two forms to be used to submit to this office, as required, the dates of commencement and completion for the authorized activity

This letter contains an initial proffered permit for your activity. If you object to this permit decision because of certain terms and conditions therein, you may request that the permit be modified accordingly under Corps regulations at 33 CFR 331. Enclosed you will find a combined Notification of Appeal Process (NAP) and Request for Appeal (RFA) form. If you object to this permit decision you must submit a completed RFA form to the New York District Office at:

Stephan A. Ryba Chief, Regulatory Branch

New York District Corps of Engineers 26 Federal Plaza, Room 16-406

New York, New York 10278-0090

In order for a RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit a RFA form, it must be received at the above address by May 29, 2023.

Additionally, send an electronic copy of the RFA form to Brad.Sherwood@usace.army.mil. It is not necessary to submit a RFA form to the District Office if you do not object to the permit decision in this letter.

The authorized activity must be performed in accordance with the enclosed plans.

If any material changes in the location or plans of the subject work are found necessary, revised plans should be submitted to the District Engineer. These plans must receive the approval required by law before work begins.

Notice is hereby given that the permittee should recognize that a possibility exists that the structures permitted herein may be subject to wavewash from passing vessels.

The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structures permitted herein and the safety of boats moored thereto from damage by wavewash, and the permittee shall not hold the United States liable for any such damage.

For us to better serve you, please complete our Customer Service Survey located at:

http://www.nan.usace.army.mil/Missions/Regulatory/CustomerSurvey.aspx.

mailto:Brad.Sherwood@usace.army.mil http://www.nan.usace.army.mil/Missions/Regulatory/CustomerSurvey.aspx by United States Coast Guard CEU Providence for Dredging

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If any questions should arise concerning this matter, please contact Brad Sherwood, at 518-487-0382, or Brad.Sherwood@usace.army.mil.

Sincerely, FOR AND IN BEHALF OF

Matthew W. Luzzatto Colonel, U.S. Army Commander and District Engineer Enclosures mailto:Brad.Sherwood@usace.army.mil

PERMITTEE: United States Coast Guard CEU Providence

PERMIT NO.: NAN-2022-00437-TEC

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PERMIT CONDITIONS:

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 appropriate official of that office acting under the authority of the commanding officer.

GENERAL CONDITIONS:

1. The time limit for completing the work authorized ends within three years of the date of this permit. 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 four months before the 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 upon written notification to this office. 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. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Conditions:

A. The permittee shall install a turbidity curtain across the south side of the existing mound of rip-rap during dredging operations. The length of the turbidity curtain will be the width of the mound (150 ft.) plus an additional 20 ft.

on either side, for a total of 190 ft.

B. The permittee shall submit to this office the dates of commencement and completion of the herein authorized activities on the attached forms.

C. The permittee, and its agents, shall not dredge from January 1st through August 31st of any calendar year to minimize adverse aquatic impacts to diadromous fish spawning migrations and their peak biological activity, and impacts to

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Shortnose sturgeon (Acipenser brevirostrum) and Atlantic sturgeon (A.

oxyrinchus).

D. The permittee shall, no less than 14 days prior to the commencement of any dredging, notify the United States Coast Guard office (USCG) of the commencement of any dredging and expected completion date, the hours of the day the work will be performed, the names of the vessels on-scene, the VHF radio channel(s) the vessels will monitor, and the project's 24/7 point(s) of contact. This information may be emailed to SECTORNYWWM@uscg.mil.

E. No less than 14 days prior to the commencement of any in-water work, the permittee shall inform local waterway users of the commencement of the work, using the "Local Notice to Mariners." Information required to be provided in the Local Notice to Mariners can be found at http://www.navcen.uscg.gov. This information may be e-mailed to D01-SMB-LNM@uscg.mil.

F. The permittee shall provide the National Oceanic and Atmospheric

Administration National Ocean Service (NOAA-NOS) of the project’s physical completion date and as-built specifications so that NOAA may initiate the appropriate navigation chart updates and corrections. This information must be submitted online at:

http://ocsdata.ncd.noaa.gov/idrs/discrepancy.aspx

G. The permittee shall verify, in writing, compliance with all required notices to USCG and NOAA-NOS as called for above, within five (5) calendar days of each notice. Verifications shall include the permit number (NAN-2022-00437-TEC) and be delivered to the New York District by email at cenan.rfo@usace.army.mil (preferred) or to the following address:

DEPARTMENT OF THE ARMY

US Army Corps of Engineers

ATTN: CENAN-OP-RU

Upstate New York Section

1 Buffington St., Bldg. 10, 3rd Fl. North Watervliet, New York 12189-4000

H. 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.

mailto:SECTORNYWWM@uscg.mil http://www.navcen.uscg.gov/ mailto:D01-SMB-LNM@uscg.mil http://ocsdata.ncd.noaa.gov/idrs/discrepancy.aspx mailto:cenan.rfo@usace.army.mil

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I. Outdoor lighting shall be located or shielded so that it is not confused with any aids to navigation and does not interfere with navigation on the adjacent waterway.

J. The permittee shall ensure The Federal Navigation Channel will remain clear of any barges, vessels, and/or floating equipment. Any equipment staged within the channel must be temporary, and their placement will be coordinated with the USACE Albany Field Office and USCG.

Further Information:

1. Limits of authorization.

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.

2. Limits to 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 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.

3. 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.

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4. 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 the permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 3 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.

5. 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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AutoCAD SHX Text NOTES: : THE PHOTOS LISTED BELOW CAN BE VIEWED IN ATTACHMENT E: USCG 001-FACES EAST TAKEN 11/30/2021 @ 9:30AM USCG 002-FACES NORTHEAST TAKEN 11/30/2021 @ 9:30AM USCG 003-FACES SOUTH TAKEN 11/30/2021 @ 9:30AM PROJECT PURPOSE: : TO REMOVE 655 CUBIC YARDS OF EXISTING RIP-RAP BELOW THE MLW LINE WITHIN THE HUDSON RIVER TO IMPROVE THE NAVIGATIONAL SAFETY OF VESSELS.

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