Section_00_90_02_Combined.pdf

SECTION 00 90 02

WATER QUALITY AND NYS PARKS PERMIT

06/16

PART 1 GENERAL

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.1 DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

The following attachments have been provided for reference to the bidder for use in performing the contract requirements.

3.1.1 WATER QUALITY CERTIFICATE

The current Water Quality Certificate (8 pages) for the maintenance dredging of the Hudson River, NY, Federal Navigation Project is attached.

The contractor must comply with all conditions of the Water Quality Certification

3.1.2 NYS PARKS PERMIT

The approved NYS Parks Permit (3 pages) that allows conditional use of the established access road and unpaved service trail within Schodack Island State Park by the US Army Corps of Engineers and its contractor, providing access to the Houghtaling Island dredged material placement site, is attached.

The contractor must comply with all conditions of the NYS Parks Permit.

-- End of Section --

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 4-9904-00001

PERMIT

Under the Environmental Conservation Law (ECL)

Permittee and Facility Information

Permit Issued To: Facility:

U S DEPT OF THE ARMY HUDSON RIVER NAVIGATIONAL CHANNEL

THE PENTAGON HUDSON RIVER - COUNTIES OF

RENSSELAER, ALBANY, COLUMBIA AND

GREENE

WASHINGTON, DC 20310 MULTIPLE TOWNS ALONG HUDSON RIVER,

NY

Facility Location: in SEVERAL COUNTIES in THIS REGION Facility Principal Reference Point: NYTM-E: 600.5 NYTM-N: 4699.1

Latitude: 42°26'15.8" Longitude: 73°46'41.1" Project Location: Albany Turning Basin and Staats Point Authorized Activity: Dredging of approximately 100,000 cyds of material from the Albany Turning Basin and Staats Point to restore channel conditions and improve access. Disposal will be at the existing Houghtaling Island Disposal Site, as outlined in the approved plans and in accordance with the conditions of this permit.

Permit Authorizations

Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 4-9904-00001/00014

New Permit Effective Date: 9/1/2016 Expiration Date: 7/30/2017

NYSDEC Approval

By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit.

Permit Administrator: NANCY M BAKER, Deputy Regional Permit Administrator Address: NYSDEC Region 4 Headquarters

1130 N Westcott Rd Schenectady, NY 12306

Authorized Signature: ______________________________________ Date 05/25/2016 nmbaker Nancy

Permit Components

NATURAL RESOURCE PERMIT CONDITIONS

WATER QUALITY CERTIFICATION SPECIFIC CONDITION

GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS

NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: WATER QUALITY CERTIFICATION

APPROVED DOCUMENTS

1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application.

Such approved plans were prepared by the US Army Corps of Engineers dated February 25, 2016 depicting the Houghtaling Island Placement Site Topography and Layout, and the Dredging and Placement Details map .

2. Most Recent Plan Applies If there is a discrepancy in documents, the most recent document or plan takes precedence. If there is a discrepancy between these documents and any permit condition, the permit conditions take precedence.

3. Notice of Intent to Commence Work The permittee shall notify the Department 3-5 days prior to the commencement of work on the approved project. Notification shall be made by emailing the Regional Permit Administrator at R4DEP@dec.ny.gov with the project number and proposed date of work commencement.

SPILLS AND CONTAMINATION

4. Reporting of Spills All spills shall be reported through the NYS DEC Spills Hotline (1-800-457- 7362) in accordance with the regulations. Information on spills and cleanup that occur during this permit term shall be noted in the contractor's Daily Monitoring Records.

5. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project.

DREDGING

6. Time of Year Restrictions All in-water work shall occur after September 1, 2016, and until December 31, 2016. Final site stabilization work at Houghtaling Island must be completed by the time of permit expiration on July 30, 2017.

7. Equipment Operation Dredging shall be done mechanically with a closed clamshell environmental bucket. At all dredge sites, only barges in good operating condition and appropriately designed to contain sediments shall be employed to contain the sediment and water placed in them.

8. Overflow All barges used shall be in good operating condition. There shall be no barge overflow while dredging the Class C material at sites ATB-3 and R9-1. At all other locations, overflow shall be discharged only through the skimmers. The time of overflow shall not exceed a total of thrity (30) minutes for each dredging episode. A single episode is defined as all dredging which occurs between unloading of the dredge. Following the exhaustion of the 30 minute overflow period, the ship shall proceed to the disposal site and unload.

9. Side Slopes All side slopes of the dredged channel will have a maximum 1:3 slope.

10. Minimize Turbidity Bucket decanting and loss of dredged material into the Hudson River must be controlled to minimize turbidity. Best management practices include lowering the bucket to the level of the barge gunwales prior to release of the load and placing the dredged material in the barge in a controlled manner. Excessive loss of material from the bucket shall be investigated and repaired.

Bucket retrieval rates will be controlled to minimize turbidity. Dredging operations shall not cause an increase in turbidity that results in a substantial visible contrast to natural conditions or the deposition of sediment.

11. No Sidecasting Sidecasting of dredged sediment is prohibited.

12. Material Loss During Transport Loss of material during transport is prohibited.

DISPOSAL - HOUGHTALING ISLAND

13. Certified Laboratory All laboratory analyses required by this permit must be conducted by a laboratory certified by the New York State Department of Health.

14. Pumping of Dredged Material The dredge material shall be pumped directly from the barge to the disposal site. There shall be no wet dumping of the dredge material into the river or any associated water body.

15. Placement at Houghtaling Island Site The dredged material from subareas ATB-3 and R9-1 will be dredged and placed first, and then covered by the cleaner materials dredged at each site.

16. Use of Flocculants Prior to the addition of a flocculent, the Permittee shall submit the Water Treatment Chemical (WTC) Notification Form and obtain Department approval for its use.

17. General Monitoring The discharge from the disposal site on Houghtaling Island shall conform to the return water discharge monitoring requirements specified in the Discharge Monitoring Special Condition and be sampled and tested in accordance with Tables 1a: Initial Return Water Monitoring and Reporting Requirements (or Table 1b if approved per Condition titled "Continuing Return Water Monitoring and Reporting Requirements") specified in the Special Conditions within this permit. The

Total Suspended Solids (TSS) concentration and turbidity in the discharge from the disposal site at Houghtaling Island shall be limited to 200 mg/l TSS and 250 NTU respectively. Daily monitoring records shall be maintained to record the results of all monitoring and other operational notes including, but not limited to, daily start and finish times of off-loading of the ship and start and finish times of discharge from the disposal site.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 4-9904-00001

18. Corrective Action If two consecutive monitoring results of the effluent discharge from the outfall for the disposal area on Houghtaling Island exceed the 200 mg/l suspended solids limit or the 250 NTU turbidity limit or the 0.2 ug/l per aroclor PCB limit, the permittee shall take immediate corrective actions to restore the discharge to acceptable levels and report the exceedance and the corrective actions to the NYS DEC. If corrective actions do not bring the effluent into compliance within 48 hours, then the permittee shall cease discharge and present a plan to the NYS DEC for approval prior to resuming the discharge.

Communications shall be faxed or emailed to the NYSDEC Region 4 Regional Permit Administrator (r4dep@dec.ny.gov) during dredging and operations at the disposal site. All communications shall be addressed to: NYS Department of Environmental Conservation, William J. Clarke, Regional Permit Administrator, 1130 North Westcott Road, Schenectady, NY 12306.

19. Operational Controls Operational controls shall be implemented if Total Suspended Solids or PCB limit is not met in the effluent from the disposal site. Additional engineering controls can include, but are not limited to, the following: controlling the flow rate, increasing the detention time, and/or use of chemical additives to accelerate solids settling.

20. Reporting All analytical results shall be transmitted by fax or email within 48 hours of sample collection. The Permittee will highlight any exceedances of the 200 mg/l limit for suspended solids or the 250 NTU limit for turbidity. The Permittee will include a description of the exceedance, its cause, correlation to the other parameters reported for that day and time, and identify the corrective actions that were taken.

21. Final Report Within 30 days of completion of the dredging operation, the Permittee shall submit two copies of a report summarizing the results of monitoring and analyses. The report shall include a copy of the Daily Monitoring Records and shall be submitted to NYS Department of Environmental Conservation, William J. Clarke Regional Permit Administrator, 1130 North Westcott Road, Schenectady, NY 12306 (William.clarke@dec.ny.gov).

22. Return Water Monitoring and Reporting Requirements The disposal site return water monitoring and reporting requirements during the first 48 hours of return water flow are summarized in Table 1a: Initial Return Water Monitoring and Reporting Requirements, which appears below. If upon review by the NYSDEC, this initial sampling data shows compliance with the return water discharge requirements, a reduction in the monitoring program as defined below in Table 1b: Continuing Return Water Monitoring and Reporting Requirements may be requested by the permittee for approval by the NYSDEC. If DEC grants written permission to sample as per Table 1b and any single exceedance of any parameter (including the 0.2 ug/l PCB concentration) occurs at any time during the project, the applicant shall resume complying with the intitial monitoring requirements in Table 1a.

23. Table 1a - Initial Return Water Monitoring and Reporting Requirements Parameter Daily Maximum Units Sample Frequency Sample Type Method pH 6.5 (minimum)

8.5 (maximum)

SU 3/week grab

Turbidity (meter) (2)

250 NTU Report every 4 hours while discharging

Turbidity (laboratory) (2)

250 NTU 1 sample every 4 hours while discharging grab USEPA 180.1

Total Suspended Solids (2)

200 mg/l 1 sample every 4 hours while discharging grab Standard Methods 2540D

PCB 0.2 per aroclor ug/l 1 sample per day while discharging grab USEPA 608

Turbidity Visual Observation

Monitor 1 sample per hour while discharging grab

Oil and Grease 15 mg/l 1 sample per week grab

Notes: (1) The NYS DEC will evaluate the monitoring program after the first 2 days of discharge operation. (2) Refer to Corrective Action Condition.

24. Table 1b - Continuing Return Water Monitoring and Reporting Requirements Parameter Daily Maximum Units Sample Frequency Sample Type Method pH 6.5 (minimum)

8.5 (maximum)

SU 3/week grab

Turbidity (meter) 250 NTU Report every 4 hours while discharging

Turbidity (laboratory)

250 NTU Daily while discharging grab USEPA 180.1

Total Suspended Solids (1)

200 mg/l Daily while discharging grab Standard Methods 2540D

PCB (2) 0.2 per aroclor ug/l 1 sample per week while discharging grab USEPA 608

Turbidity Visual Observation

Monitor 1 sample per hour while discharging grab

Oil and Grease 15 mg/l 1sample per week grab

Notes (1) Refer to Corrective Action Condition. (2) After one exceedance of the PCB limit, PCB monitoring shall revert to once per day.

25. Discharge Monitoring Return water monitoring at the weir is to commence upon discharge.

Concentrations of parameters shall conform to the discharge concentration requirements outlined in Table 1a: Initial Return Water Monitoring and Reporting Requirements (or Table 1b if approved).

26. Weir Discharge All return water from the disposal site at Houghtaling Island shall be discharged to the Hudson River only over the discharge weir at A3 or B3.

27. Disturbance of Disposal Site When disposing of sediment in the cell labeled B, diffusers, splash pads or any other appropriate equipment shall be installed in locations of outlet pipes with the purpose of minimizing scour and prevent disturbance of the existing contaminated material.

28. Disturbance of Disposal Site - Containment Dikes Existing soil/sediment contained within the interior of the designated dredge material placement site at the cell labeled B is contaminated with PCB and shall not be disturbed during site preparation or used in the construction or rehabilitation of containment dikes. Material used to build or top containment dikes shall be approved for use.

29. Ponding The minimum ponding depth over the design storage surface area shall be 2 feet, except during the initial development and decanting of the pond(s). Ponding depth shall be maximized to maximize retention times and effective settling.

30. Dust Suppression If disturbance of the dried, previously placed material from the Coeymans/Kingston reach occurs at any time, dust suppression measures shall be implemented to minimize particulate migration. If dust becomes a concern, particulate monitoring and control will be required. With the exception of volatile organic compounds such monitoring shall conform to the NYS Department of Health Generic Community Air Monitoring Plan.

31. Restricted Area The Kingston cells will be considered a restricted area and will be delineated on the as-built and topographic maps of the Houghtaling Island site which are permanently on file at the Albany Field Office. All future mapping will show this area as restricted and prohibit any disturbance or activity within the restricted area. Any proposed activity within this area will undergo State and Federal review as prescribed by applicable State and Federal law including 401 Water Quality Certification, as applicable. Interim stabilization of the site will include covering with clean material (from Germantown) and seeding. Upon determination by the USACE that the restricted area of Site U-3A has no useful additional purpose or value for maintenance dredging mission activities, USACE will develop and implement a final closure plan in accordance with the applicable State and Federal laws including 401 Water Quality Certification, as applicable.

HABITAT PROTECTION

32. Eagle Nest Protection If an eagle nest is constructed in the vicinity of the disposal area, work must immediately cease, and the Permittee must contact the Regional Permit Administrator. Work may no resume until written approval is obtained.

WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS

1. Water Quality Certification The authorized project, as conditioned pursuant to the Certificate, complies with Section 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act, as amended and as implemented by the limitations, standards, and criteria of state statutory and regulatory requirements set forth in 6 NYCRR Section 608.9(a). The authorized project, as conditioned, will also comply with applicable New York State water quality standards, including but not limited to effluent limitations, best usages and thermal discharge criteria, as applicable, as set forth in 6 NYCRR Parts 701, 702, 703, and 704.

GENERAL CONDITIONS - Apply to ALL Authorized Permits:

1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3).

The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department.

A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit.

2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination.

3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires.

Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to:

Regional Permit Administrator NYSDEC Region 4 Headquarters 1130 N Westcott Rd Schenectady, NY12306

4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Water Quality Certification.

5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include:

a. materially false or inaccurate statements in the permit application or supporting papers;

b. failure by the permittee to comply with any terms or conditions of the permit;

c. exceeding the scope of the project as described in the permit application;

d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit;

e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity.

6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership.

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS

Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee’s undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws.

Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.

Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit.

Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit.

NYS Parks Revocable Permit_SISP 2016-17