Attachment D.pdf

ATTACHMENT D

Exhibit F

NPS Form 10-114 (Rev. 01/2017) National Park Service

SPECIAL USE PERMIT

INDIANA DUNES NATIONAL PARK

1100 N. Mineral Springs Road

Porter, IN 46304 Permit Coordinator, Lynda Lancaster

(219) 221-2054

Name Park Alpha Code

Andrew Shelton INDU Company/Organization Type of Use

United States Army Corps of Engineers- Chicago District Beach Nourishment

Street Address Permit #

231 South La Salle St Suite 1500 Amendment to 6300-818 City State Zip Code Country

Chicago IL 60604 Telephone Number Cell Phone Number

312-846-5502 313-310-5267

Fax Number

312-353-4256 Email Address andrew.m.shelton@usace.army.mil is hereby authorized to use the following described land or facilities in Indiana Dunes National Park:

Central Ave Beach project

The area must be restored to its original condition at the end of the permit.

The permit begins at 7:00 am / pm on 07/06/2020. The permit expires at 11:59 am / pm on 08/31/2041

SUMMARY OF PERMITTED ACTIVITY: (see attached sheets for additional information and conditions)

Beach Nourishment- see attached. NEPA Compliance- Categorically excluded- EA/FONSI

Person on site responsible for adherence to the terms and conditions of the permit (include contact information) Greg Shaw, 630-209-0419

Authorizing legislation or other authority Water Resources Development Act 1986

APPLICATION FEE

Received Amount

Not Required $

PERFORMANCE BOND

Required Amount

Not Required $

LIABILITY INSURANCE

Required Amount

Not Required $

COST RECOVERY

Required Amount

Not Required $

LOCATION FEE

Required Amount

Not Required $

ISSUANCE of this permit is subject to the attached conditions. The undersigned hereby accepts this permit subject to the term s, covenants, obligations, and reservations, expressed or implied herein.

Title: Date:

PERMITTEE Signature

Title: Superintendent Date:

Authorizing NPS Official

Title: Date:

Authorizing NPS Official (additional, if required)

CONDITIONS OF THIS PERMIT

Failure to comply with any of the terms and conditions of this permit may result in the immediate suspension or revocation of the permit. [36 CFR 1.6(h)]

1. The permittee will be allowed to stage equipment and sand in the NPS parking lot with the expectation that the permittee will repair any damages to pre-placement conditions

2. The permittee may remove the NPS barricade at the entry to the access road with the expectation that this barricade be returned to pre-placement conditions upon completion of activities.

3. The permittee will be allowed to use the NPS access road to deliver sand to the site with the expectation that the road be repaired to a serviceable condition upon completion of the project.

4. The permittee shall install orange snow fencing along the entirety of the access road and staging areas to clearly delineate the disturbance boundaries. This snow fence will be placed allowing for a four-foot buffer between the access road and park resources.

5. The permittee will be allowed to trim overhanging branches as necessary for equipment access.

Consultation with the NPS will be required if more substantive trimming or tree removal are required.

6. The permittee will ensure all sand and equipment delivery access the site via US 12 and Central Avenue. No sand or equipment deliveries will access the site via Beverly Drive.

7. The permittee will be responsible for identifying any underground utilities and ensure necessary precautions are taken to prevent damage. The permittee will be responsible for damages to any underground utilities.

The above conditions are in addition to the SUP 6300-818 which follow.

8. The permittee is prohibited from giving false information; to do so will be considered a breach of conditions and be grounds for revocation: [36 CFR 2.32(a)(3)].

9. The permittee shall exercise this privilege subject to the supervision of the Superintendent or designee, and shall comply with all applicable Federal, State, county and municipal laws, ordinances, regulations, codes, and the terms and conditions of this permit. Failure to do so may result in the immediate suspension of the permitted activity or the termination of the permit.

10. If any provision of this permit shall be found to be invalid or unenforceable, the remainder of this permit shall not be affected and the other provisions of this permit shall be valid and be enforced to the fullest extent permitted by law.

11. The permittee is responsible for making all necessary contacts and arrangements with other Federal, State, and local agencies to secure required inspections, permits, licenses, etc.

12. Failure to comply with any of the terms and conditions of this permit may result in the suspension or revocation of the permit. Permittee will cleanup and repair or reimburse NPS for cleanup or repair of damages required to be made by NPS staff or contractor in conjunction with a terminated permit, provided the value of the land is not exceeded.

13. This permit may be revoked at the discretion of the Superintendent upon 5 business days notice, or without notice if damage to resources or facilities occurs or is threatened, notwithstanding any other term or condition of the permit to the contrary.

14. This permit is made upon the express condition that the United States, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or persons or property of any kind whatsoever, whether to the person or property of the Permittee, its agents or employees, or

NPS Form 10-930 (Rev. 03/2016) OMB Control No. 1024-0026 National Park Service Expiration Date 03/31/2020 third parties, from any cause or causes whatsoever while in or upon said premises or any part thereof during the term of this permit or occasioned by any occupancy or use of said premises or any activity carried on by the Permittee in connection herewith, and the Permittee hereby covenants and agrees to indemnify, defend, save and hold harmless the United States, its agents, and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same.

15. Permittee agrees to deposit with the park a bond in the amount of $0 (not required) from an authorized bonding company or in the form of cash or cash equivalent, to guarantee that all financial obligations to the park will be met, including the restoration and rehabilitation of the permitted area.

16. The person named on the permit as in charge of the permitted activity on-site must have full authority to make any decisions about the activity and must remain on-site at all times.

He/she shall be responsible for all individuals, groups, vendors, etc. involved with the permit

17. The permittee represents and it is a condition of acceptance of this permit that, pursuant to 41 U.S. C. 22, "No Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit to arise thereupon."

18. Nothing herein contained shall be construed as binding the Service or USACE to expend in any one fiscal year any sum in excess of appropriations made by Congress or administratively allocated for the purpose of this permit for the fiscal year, or to involve the Service in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations.

19. This permit may not be transferred or assigned without the prior written consent of the Superintendent.

20. The permittee will be responsible for obtaining all local, state and federal permits necessary for the project. Copies of all environmental compliance will be provided to the Superintendent or his representative prior to the inception of this project.

21. At least 30 days prior to construction each year, the Permittee will provide Indiana Dunes National Lakeshore (INDU) with drawings/maps of parklands which will be impacted by the project. Included with these maps and drawings shall be a detailed work plan outlining the methods of transport and techniques to be used in completing the project. This yearly obligation will be part of an annual review of the project by the permittees, the Superintendent and their designated representative(s). As part of this review process, a meeting will be scheduled to discuss aspects of the prior year's performance and projected aspects of the next year. The permittees and their agents and/or contractors will limit work to the designated work areas and methods delineated on a written plan approved by the Superintendent.

22. Changes to the work plan (either in equipment, methods, techniques or area of placement) must be reviewed and approved by the Superintendent at least two weeks prior to their execution.

23. At least two weeks prior to construction, the permittee will provide INDU with a project schedule for the year and its work plan. This schedule shall include the names of all responsible representatives and site managers who will act as a liaison with INDU staff and its visitors.

24. Because the work limits for the original placement site east of Mt. Baldy will never extend west of SR-16 (STA.315+ 75.10) construction activities at that location may occur at any time of the year, 24 hours a day including holidays and weekends; subject to any seasonal limitations stipulated by the Indiana Department of Natural Resources. The permittee shall designate a representative to respond to media inquiries and visitor complaints, which may arise as a result of the project. Subject to the approval of the Superintendent, the permittee will provide all security and safety measures necessary to assure that visitors are not harmed or injured throughout the duration of the project. Measures may include, but are not limited to: signs, fencing, barricades and security personnel to keep visitors a safe distance from the work site while fill material is being deposited or machinery is operating. The permittee shall consult with NPS prior to posting signs.

25. Any work west of SR-16 (STA.315+75.10) and outside of the work limits for the Central Avenue project (STA 235+18.65 to STA 265+29.52) will require separate written approval from NPS Superintendent.

26. The permittees and their agents and/or contractors will be responsible for the immediate cleanup of any oil, hydraulic fluids, or other industrial by-products spilled on Indiana Dunes National Lakeshore property as a result of their activities. Any spills, in excess of those resulting from the normal operation of heavy equipment, shall be reported to the Superintendent or designated representative.

27. Indiana Dunes National Lakeshore will accept beach sand material as specified in the Army Corps of Engineers contract with the following caveats: a) preferred sand material will be pure native beach sand hydraulically dredged from a nearby Lake Michigan source, b) if preferred beach sand is unavailable, then sand will closely mimic beach sand and the grain size should not exceed the upper limit of the existing substrate range of 9.5 mm in diameter as noted in the Indiana Shoreline Beach Nourishment Indiana Dunes National Lakeshore Porter and LaPorte Counties, Indiana Section 404(b)(l) Evaluation.

28. Equipment operating on the beach will not disturb or damage any vegetation unless permitted by the Superintendent or his designated representative. Care will be taken by the permittee to avoid any areas that have been flagged or closed by the park. The permittees and their agents and/or contractors will be responsible for the complete restoration of any resource damage resulting from activities related to the project. Exotic/Invasive Species infestations that result from placing contaminated sand onto the beach or from disturbances along the access road will be the responsibility of the permittee to eradicate.

29. The permittee will notify INDU in writing at least 72 hours in advance of the commencement of work at the site. No work will begin without INDU having received the contractor's name, phone number and the names of those individuals who will serve in a supervisory capacity at the job site.

30. All access to the beach for any work east of SR-16 (STA 315+75.10) will be from the access road designated on the project plan drawings (i.e. across NIPSCO property.) Indiana Dunes National Lakeshore is not responsible for or in control of the NIPSCO access point. It is the responsibility of the permittee to coordinate access with NIPSCO's representatives.

31. Due to the location of the state-listed rare plants along the edge of the "access road" (road along the revetment wall) for work east of SR-16 (STA 315+75.10), all vehicles installing, sand hauling, or just driving on the access road must stay within the designated area of the road. The designated area is marked with T-posts, put in by the permittee and their agents

NPS Form 10-930 (Rev. 03/2016) OMB Control No. 1024-0026 National Park Service Expiration Date 03/31/2020 and/or contractors onsite under the direction of the National Park Service. Permittees must stay between the T-posts. The designated road will be approximately 20 feet wide, except at the revetment strut width, which will be 15 feet. T-posts will remain in place until the end of the contract after which the permittee will remove the T posts and any disturbance will be restored to original contours..

32. During periods of sand hauling by truck, the silt fence and an orange, high-density, polyethylene safety barricade will be maintained along the full length of the north and south side of the above mentioned access road. At the west-end of the revetment wall the 20-foot road limitation ends. At this point the "haul road" begins and the contractor will install an orange, high-density, polyethylene safety barricade on the south-side of the haul road approximately 60 feet from base of the dune (where vegetation ends) parallel to the water.

All sand nourishment material must be placed north of this fence. A safety fence with signs shall be placed at the westernmost work limit (SR 16; STA. 315+75.10: C-02) from the water's edge to the dune. This will enclose the work zone. This fence shall be sufficient to provide a safety barricade preventing visitor access to the work area from the Mt. Baldy beach and prevent vehicles and equipment from damaging rare plant vegetation.

33. The permittee shall consult with NPS prior to posting signs. No traffic, parking or placement of temporary equipment may be stored outside of the work-zone. Failure of the permittees and their agents and/or contractors to maintain this fencing and/or damage to resources adjacent to the access road resulting from the activities of the permittees and their agents and/or contractors may result in revocation of this permit by the Superintendent.

34. Upon completion of all work by the permittees and their agents and/or contractors, any permittee created access road will be removed (i.e. all gravel, fencing, flagging, stakes, matting, equipment, and other construction-related materials must be removed) from the area to preserve the wetland/ panne drainage. Sheet flow from the panne/wetland area may not be permanently impeded. All ruts and temporary berms shall be restored to original contours.

Only remove the access and haul road over the winter months. The one existing culvert under the access road must be maintained.

35. The permittee will provide INDU with one full set (both electronic and prints) of any aerial photography conducted in association with this project while this permit is in effect.

36. Within 300 feet from the shore line of the National Lakeshore the hydraulic pipe and disposal area must be adequately marked during dredging operations to insure safe passage of all vessels through or around the dredging activity area.

37. The placement of sand nourishment must be controlled so it does not bury existing vegetation near the base of the fore dune.

38. Cancellation - The Permittee may request cancellation of the permit by written notification to the Superintendent 30 days in advance of the requested cancellation. No refunds will be made on the unexpired term of the permit.