NYSDEC WQC No. 2-6500-00053-00001 w 2023 Conditions.pdf

March 22, 2023

Michael Oseback, Acting Chief Department of the Army Operations Support Branch New York District, Corps of Engineers Jacob K. Javits Federal Building New York, NY 10278-0090

Re: NYSDEC Water Quality Certification Permit No. 2-6500-00053/00001 Maintenance Dredging of Arthur Kill 50 ft. Reach

New York, Federal Navigation Project

CONDITIONAL AUTHORIZATION TO PROCEED

Dear Mr. Oseback:

On January 17, 2023, the Department received your (USACE NYD) letter proposing maintenance dredging of the Arthur Kill 50 ft. Reach in the New York and New Jersey Harbor under Water Quality Certification DEC No. 2-6500-00053/00001 and has determined that the proposed activity falls within the scope of the named WQC. The request included the following documents submitted in support of the request for Authorization to Proceed:

1. Authorization request letter, titled “b – AK50 NYSDEC WQC Authorization Request

Letter”

2. Plans and specs survey, titled “d – AK50 P&S Charts 5242 Encl2”

3. Sediment sampling plan, titled “Arthur Kill 50 foot SSAP_signed”

4. Sediment sampling analyses, titled “J126039-1 Std_Tal_L4 Final Report”, “J126212-1

Std_Tal_L4 Final Report”, “Arthur Kill 50-foot Channel Upland Final Report Tables”, “ASI Upland Report - Arthur Kill 50-foot”, and “AK50 ASI Upland Report reduced”

This letter is a Conditional Authorization to Proceed, for the removal of approximately 464,540 cubic yards of material from Arthur Kill 50 ft. Reach. Specified areas will be dredged to -50 feet below Mean Lower Low Water (MLLW), plus an allowable 1 foot of overdepth.

Please note that the following items must be submitted as soon as they are complete:

A. Documentation as to the final placement of the dredged material B. Dewatering plan

The following Natural Resources Special Conditions are added to the above permit, per Natural Resource Permit Conditions 10a & 10b:

1. Environmental Bucket An environmental bucket is required for dredging silt and/or other fine grained unconsolidated materials. At least fifteen (15) days prior to the start of dredging, Permittee must provide drawings and performance specifics of the environmental bucket to the NYSDEC Dredge Team at R2Dredge@dec.ny.gov. The following bucket specifications are required:

a. The bucket must be constructed with sealing gaskets or overlapping sealed design at the jaws, and seals or flaps positioned at locations of vent to minimize the loss of material during transport through the water column and into the barge.

b. Any seals or flaps designed and/or installed at the jaws and locations of vent openings must tightly cover these openings while the bucket is lifted through the water column and into the barge. If excessive loss of water and/or sediments from the bucket is observed from the time of its breaking the water surface to crossing the barge gunwale, the Permittee must halt dredging operations and inspect the bucket for defects. Operations must be suspended until all necessary repairs or replacements are made.

c. Bucket hoist speed must be limited to approximately 2 feet per second. The bucket must be lifted in a continuous motion through the water column and into the barge.

d. The bucket must be lowered to the level of the barge gunwales prior to the release of load.

e. Where the environmental bucket repeatedly encounters resistance from consolidated materials (e.g., stone, rock), a conventional digging bucket may be used. The Department must be provided with written notice of intent to switch buckets at least 48 hours (2 business days) prior to use of the conventional bucket.

2. Barge Overflow

Barge overflow is prohibited.

Please note that Natural Resources Condition 9 of the permit requires submittal of the “Notice of Intent to Commence Dredging” at least 10 days prior to the start of the permitted activity, and an Inspection Form must be submitted within 60 days of dredging according to Natural Resources Condition 14. Additionally, Natural Resources Condition 15 of the permit requires completion of a post-dredging bathymetric survey within 90 days of completion of each dredging operation, and Natural Resources Condition 13 requires a Dewatering Form on a weekly basis.

Documents can be submitted to the Dredge Team at r2dredge@dec.ny.gov.

All other conditions, terms, and specifications of the original Water Quality Certificate remain as written.

If you have any questions or if you are in need of further assistance, please contact the Dredge Team at r2dredge@dec.ny.gov.

Sincerely, Stephen A. Watts III Regional Permit Administrator

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Stephen A Watts III Digitally signed by Stephen A Watts III Date: 2023.03.21 16:05:29 -04'00'