00 90 02.pdf

East Rockawy Inlet to Rockawy Inlet-Groin ROCKAWYJAMBAYGRO Amendment 002

SECTION 00 90 02

WATER QUALITY CERTIFICATE

PART 1 GENERAL

1.1 DESCRIPTION

The Water Quality Certificate will be issued once it becomes available.

Water Quality Certificate (WQC) and the Request for Authorization to Proceed (RAP) are attached; the RAP includes contract-specific exceptions to the requirements specified in the Natural Resource Permit Conditions #10, 11, 15, 17, 21, 42 and 43 of the WQC.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

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East Rockawy Inlet to Rockawy Inlet-Groin ROCKAWYJAMBAYGRO Amendment 002

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DOCUMENT 00 90 02 Page 2

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Division of Environmental Permits. Region 2

47-40 21st Street, Long Island City, NY 11101

P: (718) 482-4997 I F: (718) 482-4975 www.dec.ny.gov

March 6, 2020

Peter Weppler Chief, Environmental Analysis Branch USAGE, New York District 26 Federal Plaza New York, NY 10278-0090

Re: NYSDEC Permit No. 0-9999-00228/00001 (00002) Facility: East Rockaway to Rockaway Inlet and Jamaica Bay CSRM Project Atlantic Shorefront Groins Contract Queens and Nassau Counties, NY 6 NYCRR Part 608 - Water Quality Certification

NOTICE OF AUTHORIZATION TO PROCEED

Dear Mr. Weppler, The Department has received and reviewed your February 27, 2020 correspondence, and subsequent communications, requesting Authorization to Proceed with the groin installation and rehabilitation work associated with the Atlantic Shorefront Groins Contract, under Water Quality Certification No. 0-9999-00228/00001.

The above-referenced Request for Authorization to Proceed for the "Atlantic Shorefront Groins Contract," assigned NYSDEC Permit No. 0-9999-00228/00001 (00002), is hereby granted pursuant to the umbrella Water Quality Certification (WQC) referenced above.

Please be advised that, with the exception of Natural Resources Conditions #10, 11, 15, 17, 21,42, and 43, all seasonal restrictions and conditions, terms and specifications of the original umbrella WQC remain in effect.

Provided that all work strictly conforms to the revised Request for Authorization to Proceed dated March 5, 2020, the contract-specific exceptions to the requirements specified in Natural Resources Conditions #10, 11, 15, 17, 21, 42, and 43 of the original permit, are hereby approved for the "Atlantic Shorefront Groins Contract." Copies of this authorization, the Request for Authorization to Proceed dated March 5, 2020, and the underlying umbrella WQC shall be provided to all employees, contractors, and agents performing any part of the permitted work activities.

Per Natural Resources Condition 9 of NYSDEC Permit No. 0-9999-00228/00001, any changes to the plans and specifications for the project component referenced above requires notification to the Department and may require submittal of a new or modified Request for Authorization to Proceed.

Additionally, please note that Natural Resources Condition 36 of NYSDEC Permit No. 0- 9999-00228/00001 requires submittal of the attached "Notice of Intent to Commence Work" o roRK I Dep_artment of 0RruN1rv Environmental

Conservation prior to the start of the authorized contract and Natural Resources Condition 38 of NYSDEC Permit No. 0-9999-00228/00001 requires submittal of the attached "Notice of Completion of Work" no later than 10 days following completion of the authorized contract/project component.

Any questions concerning this matter should be directed to Caitlyn P. Nichols in the Division of Environmental Permits at (718) 482-4079.

ecc: NYSDEC Bureau of Ecosystem Health NYSDEC Marine Resources hen A. Watts 111 Regional Permit Administrator

NYSDEC Coastal Erosion Management Section File

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

REQUEST FOR AUTHORIZATION TO PROCEED

March 5, 2020

EAST ROCKAWAY INLET TO ROCKAWAY INLET COASTAL STORM RISK MANAGEMENT

CONTRACT 1 – ATLANTIC SHOREFRONT GROINS

A. PROJECT DESCRIPTION

Work for this construction contract between B149th Street and B32nd Street consists of fourteen

(14) new stone groins, and rehabilitation and extensions of five (5) existing stone groins. Groins to be rehabilitated include the groins at Beach 149th Street, Beach 45th Street, Beach 42nd Street, Beach 40th Street, and Beach 36th Street.

Groins will be constructed of quarried stone, consisting of bedding stone, core stone, and armor stone. Existing timber groins at proposed W2 and W11 groin locations (see attached Plans) must be removed, or cut below the entirety of the proposed groin footprints, and disposed of properly, before construction of stone groins can begin. The existing timber groins consist of timber piles, timber wales and timber sheet piles, and are approximately 250ft. - 300ft. in length.

Work is describe in the enclosed plans Entitled, “Coastal Storm Risk Management East

Rockaway Inlet to Rockaway Inlet Atlantic Shore Front Groins Project Rockaway Peninsula, New York” dated September 13, 2019 (Enclosure).

B. WORK SCHEDULE

All work would be optimized to avoid seasonal work restriction windows. At this time the

United States Army Corp Engineers (USACE) can confirm that no construction windows include a no work window between March 21 to September 1 of any year from Beach 6th St to Beach

85th St in order to protect piping plover and red knots. No work between Beach 108th and Beach

90th between Memorial Day to Labor Day unless coordinated with the Non Federal sponsor.

Year Round Work from Beach 109th to Beach 149th (West Groin Field). Groins in this zone should be constructed from West to East. In all other areas, pre-construction surveys would be undertaken by a qualified biologist. If nests are located, breeding areas would be protected and no construction activities would occur within 1,000 m of the delineated breeding area. Activities taking place from September 2 to November 1, no construction activities would occur within 500 m of any red knot. Construction of contract 1 is expected to take 1046 days to complete.

The contractor will remove any construction material or equipment staged or stored within delineated breeding areas (or other known breeding areas based on Long Island Colonial

Waterbird Survey data and where plovers exhibit territorial, courtship, nesting, and brood-rearing activities) by March 21 of any calendar year.

C. CURRENT COLOR PHOTOGRAPHS/AERIALS

See Figures 1, 2, and 3 (Enclosure) of this submittal.

Aerial Photographs were taken on May 20, 2019 at 11:43 AM and were taken from the Digital

Globe. Though photos were not taken at low tide, the approximate high tide line is visible in all of the imagery.

D. FUEL AND CHEMICAL TANK STORAGE, FUELING AREAS, AND

CONTAINMENT DEVICES PLAN

Storage for fuel and chemicals and fueling areas must be located further than 100 feet away from regulated water bodies based on the locations of the designated staging areas. These items will be stored at the landwards limits of these areas to the maximum extent possible which in some case be less than 100 feet from a water body. In order to protect regulated waterbodies the contractor must follow the requirements below:

Petroleum, Oil & Lubricants (POL) products and fuel equipment and motor vehicles will be stored in a manner that affords the maximum protection against spills into the environment. POL products will be managed and stored in accordance with EPA 40 CFR 112, and other federal, state, regional, and local laws and regulations. Secondary containments, dikes, curbs, and other barriers, will be used to prevent POL products from spilling and entering the ground, storm or sewer drains, stormwater ditches or canals, or navigable waters of the United States. A description of how POL tanks and containers must be stored, managed, and inspected and what protections will be provided in the construction contractor’s Environmental Protection Plan shortly after contract award. Storage of fuel on the project site will be in accordance with EPA, state, and local laws and regulations

Secondary containment and overfill protection will be provided for oil storage tanks. Drip pans will be used during oil transfer operations; adequate absorbent material will be onsite to clean up any spills and prevent releases to the environment. Tanks and drip pans will be covered during inclement weather. Procedures and equipment will be in place to prevent overfilling of tanks. A

Spill Prevention, Control, and Countermeasure (SPCC) plan meeting the requirements of 40 CFR

112 will be provided and implemented shortly after contract award. Underground storage tanks will not be brought to the installation for Contractor use during a project. The Contractor’s SPCC plan will be reviewed and approved by the USACE Contracting Officer. Any rainwater that accumulates in open containment dikes or berms will be monitored and removed. Accumulated rainwater will be inspected prior to draining from a containment dike to the environment, to determine there is no oil sheen present.

Fuel and chemical tank storage and fueling areas will be located on the landward side of the existing dune to the maximum extent possible.

E. PHRAGMITES HERBICIDE APPLICATION DETAILS

Phragmites herbicide is not applicable to this construction contract.

F. CONSTRUCTION OF TEMPORARY PIER OR LANDING DETAILS

No temporary piers or landings are proposed or anticipated to be used.

G. LIST OF CONSTRUCTION EQUIPMENT TO BE USED

There will most likely be at a minimum be (2) Komatsu 1250 Excavator configured as a Material

Handler, (4) Komatsu HM400 Off‐road Haulers, (2) Komatsu 650 Pay loader, (2) pile extractors, and (2) cranes.

H. CONSTRUCTION SEQUENCING PLAN FOR THE PLACEMENT OF

STRUCTURES OR EQUIPMENT WITHIN WETLAND OR ADJACENT AREAS

The sequence of work will depend on the start date and will be optimized to avoid seasonal work restriction windows for shorebirds, including piping plover and red knot.

I. PLANS AND DRAWINGS – FINAL SITE PLAN, CROSS SECTION AND

PROFILE VIEW DRAWINGS THAT INCLUDE THE FOLLOWING DETAILS:

1. WETLAND BOUNDARIES, MEAN HIGH WATER AND MEAN LOW

WATER LINE LOCATIONS AND ELEVATIONS REFERENCED TO

NAVD88

All plans include mean high water and mean low water line locations and elevations referenced to NAVD88. There are no vegetated wetlands within the working limit.

2. NORTH ARROW

All maps and plans include a North Arrow.

3. PROPERTY LINES AND NAMES OF ADJACENT LANDOWNERS

All property in this construction contract is owned by the City of New York.

4. DIMENSIONS OF THE WORK AREAS AND LIMITS OF DISTUBANCE

Working limits and staging areas are included in plans. Beach access and staging areas are at Beach 142nd, Beach 126th, Beach 116th, Beach 110th/Beach108 th; additional access is located at Beach 9th.

5. NAME OF PREPARER AND DATE PREPARED

Names of NAN-EN preparers are listed and Drawing G-001 and dates are on all sheets.

6. TYPE(S) AND DIMENSIONS (IN FEET/INCHES) OF MATERIAL

PROPOSED

Types and quantity of rock for groins is included in specifications (see Section 00 10 00

Part 1, pages 1-3) and in the enclosed plans.

7. EXISITNG AND PROPOSED GRADES

Existing and proposed grades are shown on cross section plans.

8. DIMENSIONS/WEIGHTS (IN POUNDS) AND AMOUNT(S) (IN CUBIC

YARDS) OF ROCK RIP-RAP

Types and quantity of rock for groins is included in specifications (see Section 00 10 00

Part 1, pages 1-3). Groins will be constructed of quarried stone, consisting of bedding stone, core stone, underlayer stone, and armor stone.

Type A Armor Stone (10 ton median): ~290,000 tons

Type B Armor Stone (5 ton median): ~80,000 tons

Core Stone (500 lbs median): 75,000 tons

Bedding Stone (50 lbs median): 112,000 tons

9. TYPE(S) AND VOLUME(S) AND SOURCE(S) OF FILL TO BE USED

It is estimated 353,220 cys of material (sand) will be excavated to allow new groins to be installed all sand will be used for backfilling the structure. Any excess material will be spread around the berm of the beach adjacent to the groin.

10. SEDIMENT/EROSION CONTROLS METHODS/LOCATIONS IF ANY

SEDIMENT/VEGETATION DISTURBANCE OR FILL PLACEMENT IS

PROPOSED

There is no proposed work within freshwater wetlands or tidal vegetation. All staging areas, and work has been designed to avoid tidal vegetation areas to the maximum extent practicable.

Temporary stone and sand stockpiles are required as a part of the project. Clean sand excavated from the area of the proposed groins would be stockpiled landwards of the proposed groin and landward of MHW. The excavated sand would be used to backfill areas within the new groin. Excess sand would be spread uniformly on the beach as directed by the COR.

To minimize impacts to natural resources and prevent the loss of construction materials, debris and sediments from entering the wetlands or waterways best management practices include, but are not limited to: construction fencing and silt fencing.

11. TEMPORARY OR PERMANENT PROJECT LIMITING FENCE

Temporary fencing will be erected only around active work site and staging area, with security guard at least during working hours

12. STAGING LOCATIONS FOR STORAGE OF CONSTRUCTION

EQUIPMENT/MATERIALS

Staging Area B. 142 is located at Beach 142nd St and is approximately 480-feet-long by

138-feet-wide. All of this Staging Area is located above or at the edge of Mean High

Water.

Staging Area B. 126 is located at Beach 126th St and is approximately 480-feet-long by

153-feet-wide. All of this Staging Area is located above or at the edge of Mean High

Staging Area B 116 is located at Beach 116th St and is approximately 612-feet-long by

183-feet-wide. All of Staging Area C is located above or at the edge of Mean High

Staging Area B 110 is located at Beach 110th St and is approximately 843-feet-long by

195-feet-wide. All of Staging Area C is located above or at the edge of Mean High

Water. Vehicular access is via B. 108th St.

13. ACCESS ROUTE FOR CONSTRUCTION EQUIPMENT

Access routes that are shown on the plans include the following: Beach 142nd Street, Beach 126th Street, Beach 116th Street, Beach 108th Street and Beach 9th Street. Access at

Beach 9th St would be limited due to time of year work restriction in order to protect piping plover and red knot.

Water Quality Conditions Needing Relief

10. Storage Fuel Tanks

USACE is requesting relief from Water Quality Condition 10, due to the eroded nature of the beach it may not be possible to keep fuel tanks 100 feet from any tidal water body.

These items and activities will be stored at the landwards limits of the construction areas to the maximum extent possible which in some case will be less than 100 feet from a water body

11. Fueling Tanks

USACE is requesting relief from Water Quality Condition 11, due to the eroded nature of the beach it may not be possible to keep fuel tanks and the fueling of equipment 100 feet from any tidal water body. These items and activities will be stored at the landwards limits of the construction areas to the maximum extent possible which in some case will be less than 100 feet from a water body.

15. Low Ground Pressure

USACE is requesting relief from Water Quality Condition 15. The construction of the groins will utilize heavy equipment within in the intertidal area of the Atlantic Ocean. The use of low pressure equipment is not feasible to achieve the design of the groins. USACE will monitor activity on-site and issue correctives to the contractor when necessary.

17. Containment of Exposed/Stockpiled Soil

USACE is requesting relief from Water Quality Condition 17. During the construction of the groins the contractor will need to excavate down to reach a certain deep to install the bedding stone. The material excavated will be stockpiles adjacent to the groin for longer than a week and will be used to backfill the structure once the groin is complete. Any containment of this material will only cause delays of the construction of the groins as the contractor will have to work around and maintain this containment to only have to remove the buffer to access the material to backfill the groin. The material will be placed above MHW in order to protect the material from being washed away.

21. No Equipment Below Apparent High

USACE is requesting relief from Water Quality Condition 21. In order to remove the existing timber piles and place the rock material for the construction of the groins, it is necessary for construction equipment to operate below apparent high water. USACE will monitor activity on-site and issue correctives to the contractor when necessary.

42. Backfilling

USACE is requesting clarification on Water Quality Condition 42. The terms and conditions for this special condition only applies to work on the Jamaica Bay portion of the project and would not be applicable to work on the Atlantic Coast.

43. Wood Preservatives

USACE is clarifying Water Quality Condition 43. The terms and conditions for this special condition will only applies to new work on the Jamaica Bay portion of the project and would not be applicable to work in contract 1 on the Atlantic Coast. USACE is not proposing to install new wooden structures or new wooden features under this contract.