2021_10_13_WQC_Package.pdf

October 13, 2021

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

Re: NYSDEC Permit No. 2-6309-00187/00001

Facility: USACE OFFSHORE BORROW AREAS A WEST & A-EAST

ATLANTIC OCEAN SOUTH OF ROCKAWAY BEACH

QUEENS, NY

Water Quality Certification - Under Section 401 - Clean Water Act

NOTICE OF PERMIT ISSUANCE

Dear Mr. Weppler, Enclosed is your permit. Please read it carefully. You are required to comply with all conditions of the permit.

Please note that Natural Resources Condition 3 of the permit requires submittal of the attached "Notice of Intent to Commence Work" at least 5 days prior to the start of the permitted activity, and Natural Resources Condition 13 of the permit requires completion of a post-dredging bathymetric survey within 60 days of completion of each dredging operation.

If you have any technical questions, please contact Joanna Field in the Division of Marine Resources at (718) 482-6464. If you have any administrative questions, please contact me via email at: caitlyn.nichols@dec.ny.gov.

Sincerely, Caitlyn P. Nichols Environmental Analyst 2

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 2-6309-00187

PERMIT

Under the Environmental Conservation Law (ECL)

Permittee and Facility Information

Permit Issued To: Facility:

US DEPT OF THE ARMY USACE OFFSHORE BORROW AREAS A-

WEST & A-EAST

THE PENTAGON ATLANTIC OCEAN SOUTH OF ROCKAWAY

BEACH

WASHINGTON, DC 20310 QUEENS, NY 11694

Facility Location: in QUEENS COUNTY Village: Queens Facility Principal Reference Point: NYTM-E: 600.384 NYTM-N: 4491.595

Latitude: 40°34'08.6" Longitude: 73°48'50.8" Project Location: Approximately two (2) miles south of Rockaway Beach Authorized Activity: This Section 401 Water Quality Certification (WQC) authorizes the following activities, in accordance with the information and plans referenced in Condition Nos. 1 and 2 of this permit:

Dredging of two new borrow areas in the Atlantic Ocean known as A-West and A-East, to initially obtain approximately 2 million cubic yards of sand for placement, restoration and beach nourishment activities related to construction of the East Rockaway to Rockaway Inlet and Jamaica Bay Coastal Storm Risk Management Project including, but not limited to, sand placement activities along Rockaway Beach to: establish a beach berm at elevation 8' NAVD88 and provide cover for a buried seawall built to a crest elevation of 18' NAVD88 (to be authorized under 0-9999-00228/00002).

Dredging of approximately 1.11 million cubic yards of sand from the same offshore borrow areas every four years over the life of the permit to support beach renourishment and restoration work.

Note: In accordance with 40 CFR §121.7, the applicable water quality requirements and explanations for each condition, wherever included in this Section 401 Water Quality certification, are provided in Attachment A. Whereever used in this permit and table in Attachment A, ECL refers to New York State Environmental Conservation Law and 6 NYCRR refers to Title 6 of the Codes, Rules and Regulations of the State of New York.

Permit Authorizations

Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 2-6309-00187/00001 New Permit Effective Date: 10/13/2021 Expiration Date: 10/12/2031

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: STEPHEN A WATTS, Regional Permit Administrator Address: NYSDEC Region 2 Headquarters

47-40 21st St Long Island City, NY 11101 -5401

Authorized Signature: ______________________________________ Date ___/____/____

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

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 permittee or their representative(s) and are identified in condition no. 2.

2. Conformance with Plans – Addenda In addition to plans reference in the Condition titled “Conformance with Plans,” the activities authorized by this permit must be in strict conformance with the following approved plans and/or submissions made as part of the permit application:

A. Application package submitted by Catherine J. Alcoba, Chief, Coastal Ecosystem Section, U.S.

Army Corps of Engineers, New York District, titled “East Rockaway Borrow Area Dredging WQC Application,” dated August 26, 2021, and received electronically by NYSDEC on August 26, 2021, including:

10 13 2021

Cover letter to Stephen Watts from Catherine J. Alcoba, dated August 26, 2021.1.

Joint Application Form, dated August 26, 2021.2.

Supplemental Information to the Joint Permit Application titled “Rockaway Borrow Areas A-3.

West and A-East,” dated August 2021.

Coastal Zone Management Program Federal Consistency Determination, Attachment D5 to4.

Appendix D, Revised Draft, Integrated Hurricane Sandy General Reevaluation Report and Environmental Impact Statement, Atlantic Coast of New York, East Rockaway Inlet to Rockaway Inlet and Jamaica Bay, dated August 2018.

100% Plans titled “Coastal Storm Risk Management Project, East Rockaway Inlet to Rockaway5.

Inlet, Atlantic Shore Front, Rockaway, New York, Contract 2 – Reinforced Dune, Beachfill and Crossover,” prepared by the U.S. Army Corps of Engineers, New York District, dated August 2021.

100% Specifications, “Coastal Storm Risk Management, East Rockaway Inlet to Rockaway6.

Inlet, Atlantic Shore Front Project, Contract 2: Reinforced Dune, Beachfill and Crossovers,” prepared by the U.S. Army Corps of Engineers, New York District, dated August 10, 2021.

Reports titled “Biological and Environmental Services Related to Marine and Navigable7.

Waterways Civil Works Activities in the New York District, Contract: W912BU-13-D-0010, Task Order W912DS-18-F0037 Contract: W912QR-16-D-0029, Task Order W912DS-18-F0073, Borrow Area Study for the Atlantic Coast of Long Island, FIMI, New York, Storm Damage Reduction Project,” prepared by Tetra Tech, Inc., dated May 30, 2019, and June 2020.

3. Notice of Intent to Commence Work At least five (5) days prior to the start of work. Permittee must complete and submit the attached Notice of Intent to Commence Work form to the NYSDEC Division of Marine Resources, 47-40 21st Street, Long Island City, New York 11101 (Attention: Habitat Manager).

4. Request for Authorization No work on any dredge contract may commence until such time that the Permittee has submitted a Request for Authorization to Proceed, including the required materials and supporting documentation, within the specified timeline, and the Department has issued a written Authorization to Proceed to Permittee.

No less than thirty (30) days prior to work starting on each contract authorized by this permit, the Permittee must submit a Request for Authorization to Proceed and provide three copies of the supporting documentation and items listed below for the Department’s review and approval to:

NYSDEC Division of Environmental Permits, 47-40 21st Street, Long Island City, NY, NY 11101.

Project description, including:A) details of last dredge event, i.e, date, volume removed, and disposal location;1.

cumulative volume removed;2.

location of launch site for vessels; and3.

list of dredge equipment to be used.4.

Design plans and specification package, at a minimum of 60% complete, including:B) dimensions of the work areas and limits of disturbance;1.

existing grade;2.

bottom of cut, with over-dredge and safety clearance, if applicable;3.

bathymetric elevations;4.

north arrow and scale; and5.

name of preparer and date prepared.6.

Facility DEC ID 2-6309-00187

Work schedule.C) Discussion on seasonal/activity work windows (see Condition 9 for Seasonal/ActivityD) Windows and requirement and process to request alternative or modified seasonal/activity windows).

5. Borrow Area Monitoring Requirement For each Request for Authorization to Proceed, the Permittee must develop and receive Department approval for a schedule of data collection tasks for the borrow area authorized for this project consistent with the August 2014 “Borrow Area Monitoring Plan for NYSDEC WQC Requirements for New York State Coastal Restoration Projects Implemented Under Public Law 113-2, the Disaster Relief Appropriations Act,” with the exception of the sections titled “Acoustic Mapping” and, for the initial dredge only, “Sturgeon Monitoring.”

6. Prior Notice Required: Pre-Dredging Harvest of Surf Clams/Ocean Quahogs At least thirty

(30) days prior to the start of any dredge contract authorized for the borrow areas cited in condition 2, Permittee shall notify the NYSDEC Shellfish Permits and Licenses office in Kings Park, New York, via email to jennifer.odwyer@dec.ny.gov, of the intent to commence dredging. NYSDEC will notify NYS shellfish license holders of the pending activity, giving license holders the opportunity to harvest surf clams and ocean quahogs prior to dredging.

Permittee shall copy the NYSDEC Division of Marine Resources, 47-40 21st Street, Long Island City, New York 11101 (R2.naturalresources@dec.ny.gov; Attention: Habitat Manager), on all correspondence.

7. Dredge Plant Monitor Requirements The permittee shall employ appropriate monitoring procedures for Atlantic Sturgeon, marine turtles, and marine mammals on any and all dredges used to conduct the work authorized in this Water Quality Certification. These procedures are set forth in documents cited in Condition 2 above and include:

monitoring specifications for hopper dredges;1) sea turtle handling & resuscitation;2) incident report of sea turtle take;3) incident report of Atlantic sturgeon take; and4) endangered species observer program - large whale observation data.5)

8. Environmental Monitor Qualifications The environmental monitor must be a qualified field biologist experienced with endangered species identification, specifically: Atlantic sturgeon; Kemp’s ridley, loggerhead, leatherback, and green sea turtles; and right, humpback, and fin whales. His/her/their qualifications shall be submitted to the NYSDEC Division of Marine Resources, 47-40 21st Street, Long Island City, NY, NY 11101 (Attention: Marine Habitat Supervisor) and must be approved by the Department prior to the commencement of any regulated activity of any calendar year.

9. Seasonal/Activity Windows To protect sub-adult and adult endangered Atlantic sturgeon (Ascipenser oxyrinchus) within the New York Bight distinct population segment (DPS) that could utilize the borrow area listed in the project description during dredging activities, no dredging activity shall occur between April 1 and June 30 and between October 1 and November 30 of any calendar year to be protective of migrating and/or feeding, unless, on a contract-by-contract basis, the Department approves and incorporates alternative or modified activity/seasonal windows in the Authorization to Proceed.”

10. Acoustic Tag Monitoring Study Relief from Condition 9, Seasonal/Activity Windows, will be granted for the initial dredge operation in exchange for a 12-month Atlantic sturgeon acoustic tag monitoring study conducted by the USACE in coordination with Stony Brook University School of Marine and Atmospheric Science. A scope of work for the study must be submitted to the Department for approval before study activities begin.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 2-6309-00187

11. Leave Bottom Elevation Free of Deep Depressions All dredging shall be conducted in a manner that leaves as uniform a bottom as practicable, free of deep depressions as compared to the surrounding dredged area.

12. Grade Borrow Area Side Slopes Post-dredging side slopes of the borrow area shall not exceed 1 vertical to 5 horizontal (1v : 5h).

13. Post-Dredging Bathymetric Survey Within 60 days of completion of each dredging operation (initial and renourishment cycles), Permittee shall submit to NYSDEC Division of Marine Resources, 47-40 21st Street, Long Island City, NY, NY 11101 (Attention: Marine Habitat Supervisor) a complete post-dredging bathymetric survey.

14. Minimize Adverse Impacts to Wetlands, Wildlife, Water Quality All work must be performed in a manner which minimizes adverse impacts to wetlands, wildlife, water quality and natural resources.

15. Prior Approval of Changes If the Permittee desires to make any changes in construction techniques, species to be planted, the site plan, any mitigation plan, scheduling or staging of construction, or any other aspect of this project, the Permittee shall submit a written request to the Regional Permit Administrator to make such proposed changes and shall not make such changes unless authorized in writing by the Department.

16. Failure to Meet Permit Conditions Failure of the permittee to meet all the conditions of this permit is a violation of this permit and grounds for an order to immediately cease the permitted activity at the project site.

17. 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.

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:

Facility DEC ID 2-6309-00187

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 2 Headquarters 47-40 21st St Long Island City, NY11101 -5401

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.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 2-6309-00187

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.

ATTACHMENT A DEC PERMIT NO.: 2-6309-00187/00001

401 Water Quality Certification Conditions Water Quality Requirements and Explanations

The conditions included in this certification are necessary to ensure that the project will meet applicable New York State water quality requirements. In accordance with 40 CFR §121.7, the applicable water quality requirements and explanations for each condition, wherever included in this Section 401 Water Quality certification, are provided in the table below. Where used in the table, ECL refers to New York State Environmental Conservation Law and 6 NYCRR refers to Title 6 of the Codes, Rules and Regulations of the State of New York.

Condition Title Water Quality Requirements Explanation Conformance with Plans 6 NYCRR 608.9, Discharges

Prohibited without certification.

This condition is necessary to identify what discharges are authorized by the certification. Any discharge not identified on the referenced plans is prohibited.

Conformance with Plans

– Addenda

6 NYCRR 608.9– as above. This condition is necessary to identify what discharges are authorized by the certification. Any discharge not identified on the referenced plans is prohibited.

Notice of Intent to Commence Work

6 NYCRR 608.9– as above. This condition is necessary to identify the date that the project and the discharges authorized by the certification will commence.

Request for Authorization

6 NYCRR 608.9– as above. This condition is necessary to identify what discharges are authorized by the certification. Any discharge not identified in the Request for Authorization to Proceed materials and supporting documentation is prohibited.

Borrow Area Monitoring Requirement

6 NYCRR 701, Classification of surface waters and identification of best usages.

6 NYCRR 703.2, Narrative Water Quality Standards related to turbidity, suspended solids, toxic substances, color, and other deleterious substances.

This condition is necessary to ensure that the permittee undertakes measures to prevent the contravention of water quality standards during the implementation of the project. Also, this condition is necessary to ensure that the project does not impair best usages of Class SA saline surface waters (shellfishing for market purposes, primary and secondary contact recreation and fishing) and to maintain suitability of these waters for fish, shellfish and wildlife propagation and survival.

Attachment _A______ DEC Permit No.: 2-6309-00187/00001 401 Water Quality Certification Page 2

Prior Notice Required:

Pre-Dredging Harvest of Surf Clams/Ocean Quahogs

6 NYCRR 701– as above. This condition is necessary to ensure that the project does not impair best usages of Class SA saline surface waters (shellfishing for market purposes, primary and secondary contact recreation and fishing) and to maintain suitability of these waters for fish, shellfish and wildlife propagation and survival.

Dredge Plant Monitor Requirements

6 NYCRR 701– as above.

ECL 11-1301(4) – Requires fish unintentionally taken to be returned to water without unnecessary injury.

This condition is necessary to ensure that the project does not impair best usages of Class SA saline surface waters (shellfishing for market purposes, primary and secondary contact recreation and fishing) for fish, shellfish and wildlife propagation and survival. This condition is also necessary to ensure that the project does not result in fish kills and/or contravention of the water quality standards.

Environmental Monitor Qualifications

6 NYCRR 701– as above.

ECL 11-1301(4) – as above.

This condition is necessary to ensure that the project does not adversely impact water quality during sensitive spawning periods or impair the waters best usages for fish, shellfish and wildlife propagation and survival.

Seasonal/Activity Windows

6 NYCRR 703.2 – as above. 6 NYCRR 701– as above.

This condition is necessary to ensure that the project does not adversely impact water quality during sensitive spawning periods and contravene water quality standards or impair the waters best usages for fish and wildlife propagation and survival.

Acoustic Tag Monitoring Study

6 NYCRR 703.2 – as above. 6 NYCRR 701– as above.

This condition is necessary to ensure that the project does not adversely impact water quality during sensitive spawning periods, contravene water quality standards or impair the waters best usages for fish and wildlife propagation and survival.

Leave Bottom Elevation Free of Deep Depressions

6 NYCRR 608.9 – as above.

6 NYCRR 703.2 – as above.

This condition is necessary to ensure that the operation of dredging equipment does not result in long-term or permanent alteration of waters, creating a discharge beyond the scope of the authorized discharge, or result in a contravention of the water quality standards.

Attachment _A______ DEC Permit No.: 2-6309-00187/00001 401 Water Quality Certification Page 3

Grade Borrow Area Side Slopes

6 NYCRR 608.9 – as above.

6 NYCRR 703.2 – as above.

This condition is necessary to ensure that the project does not result in long-term or permanent alteration of waters, creating a discharge beyond the scope of the authorized discharge, or result in a contravention of the water quality standards.

Post-Dredging Bathymetric Survey

6 NYCRR 608.9 – as above.

6 NYCRR 703.2 – as above.

This condition is necessary to ensure that the project does not result in long-term or permanent alteration of waters, creating a discharge beyond the scope of the authorized discharge, or result in a contravention of the water quality standards.

Minimize Adverse Impacts to Wetlands, Wildlife, Water

6 NYCRR 608.9 – as above.

6 NYCRR 703.2 – as above.

This condition is necessary to ensure that the project does not result in long-term or permanent alteration of waters, creating a discharge beyond the scope of the authorized discharge, or result in a contravention of the water quality standards.

Precautions Against Contamination of Waters

6 NYCRR 703.2, Narrative Water Quality Standards related to turbidity, suspended solids, toxic substances, color, and other deleterious substances.

This condition is necessary to ensure that the permittee undertakes whatever additional measures are necessary, and not otherwise specified in the conditions of this permit, to prevent the contravention of water quality standards during the implementation of the project.

Prior Approval of Changes

6 NYCRR 608.9 – as above.

6 NYCRR 703.2 – as above.

This condition is necessary to ensure that the project does not result in long-term or permanent alteration of waters, creating a discharge beyond the scope of the authorized discharge, or result in a contravention of the water quality standards.

Failure to Meet Permit Conditions

6 NYCRR 608.9 – as above.

6 NYCRR 703.2 – as above.

This condition is necessary to ensure that the project does not result in long-term or permanent alteration of waters, creating a discharge beyond the scope of the authorized discharge, or result in a contravention of the water quality standards.

NOTICE OF INTENT TO COMMENCE WORK

Date: ____________________________

NYSDEC Natural Resources Attn. Natural Resources Supervisor NYSDEC Region 2 Office 47-40 21st Street Long Island City, N.Y. 11101

Re: NYSDEC Permit No. 2-6309-00187/00001 Facility: USACE OFFSHORE BORROW AREAS A WEST & A-EAST

ATLANTIC OCEAN SOUTH OF ROCKAWAY BEACH

QUEENS, NY

Dear NYSDEC Natural Resources Supervisor:

In accordance with Natural Resource Condition 3 of the referenced permit, I hereby serve notice to commence work on ___________________________, 20____.

This is also to certify that, having read this entire permit, I am fully aware of and understand the general and natural resource conditions therein, and agree to comply with all such conditions further understand that prior to undertaking any modification to the subject work, I must seek and receive written approval of the NYSDEC Regional Permit Administrator.

Signature of Permittee Signature of Contractor

Name of Permittee (please print) Name of Contractor (please print)

Street Address of Contractor

City, State, & Zip Code of Contractor

Telephone Number of Contractor

WARNING

The permittee and his contractor (if any) are required to follow all permit conditions. Violations of the permit may lead to legal action, including the imposition of substantial monetary fines and corrective work.

cc: Environmental Permits Marine Resources