Q1 - Buttermilk Channel 2-9902-51-9 Permit Pkg.pdf

March 2, 2022

Amy Mistry Project Engineer U.S. Army Corps of Engineers, New York District Jacob K. Javits Federal Building 26 Federal Plaza New York, NY 10278

Re: NYSDEC Permit No. 2-9902-00051/00009

US ARMY CORP-BUTTERMILK CHANNEL

Maintenance dredging New York & Brooklyn, NY 6 NYCRR Part 608 - Water Quality Certification

NOTICE OF PERMIT ISSUANCE

Dear Amy Mistry:

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 4 of the permit requires submittal of the attached “Notice of Completion of Work” no later than 10 days following completion.

If you have any technical or administrative questions, please email dep.r2@dec.ny.gov.

Sincerely, Lisa E. Horwitz Environmental Analyst II

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 2-9902-00051

PERMIT

Under the Environmental Conservation Law (ECL)

Permittee and Facility Information

Permit Issued To: Facility:

US DEPT OF THE ARMY USA ARMY CORP-BUTTERMILK CHANNEL

THE PENTAGON BETW GOVERNORS ISL & BROOKLYN

WASHINGTON, DC 20310 NEW YORK & BROOKLYN, NY

Facility Location: in SEVERAL COUNTIES in THIS REGION Village: New York & Brooklyn Facility Principal Reference Point: NYTM-E: 583 NYTM-N: 4504.2

Latitude: 40°41'04.3" Longitude: 74°01'04.0" Project Location: Upper New York Bay - Buttermilk Channel Authorized Activity: Maintenance dredging of Buttermilk Channel, totaling approximately 200,000 cubic yards of dredged material.

Permit Authorizations

Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 2-9902-00051/00009

New Permit Effective Date: 3/2/2022 Expiration Date: 3/1/2032

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 _03_/_02_/_2022_

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 US Army Corp of Engineers and cited in Natural Resources Condition 2.

2. Conformance with Plans - Addenda In addition to plans referenced 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:

Plans prepared by the US Army Corps of Engineers titled “Maintenance Dredging Buttermilka.

Channel, NY Federal Navigation Project,” Sheets 3 and 4, dated April 2020, and received by NYSDEC on January 11, 2022.

The Public Notice prepared by the US Army Corps of Engineers titled “Buttermilk Channel,b.

New York Federal Navigation Channel Maintenance Dredging,” published November 30, 2021, and received by NYSDEC on November 30, 2021.

The memorandum between the US Army Corps of Engineers and the US Environmentalc.

Protection Agency titled "Review of Compliance with the Requirements of 40 CFR 227.6 and 227.27, and Site Designation Provisions of 40 CFR 228.15 for the Buttermilk Channel Federal Navigation Project (FNP #36)," dated February 19, 2021, and received by NYSDEC on November 30, 2021.

Request letter for Water Quality Certification prepared by the US Army Corps of Engineers,d.

addressed to Regional Permit Administrator Stephen Watts, dated October 29, 2021, and received by NYSDEC on November 30, 2021.

3. Notice of Intent to Commence Dredging At least ten (10) days prior to the start of work, Permittee must complete and submit the attached Notice of Intent to Commence Dredging form to the NYSDEC Dredge Team Leader, 47-40 21st Street, Long Island City, New York, 11101; R2Dredge@dec.ny.gov.

4. Notice of Completion of Dredging No later than ten (10) days after the completion of the work allowed by this permit, Permittee must complete and submit the attached Notice of Completion of Dredging form to the NYSDEC Dredge Team Leader, 47-40 21st Street, Long Island City, New York, 11101; R2Dredge@dec.ny.gov.

5. Posting of NYSDEC Permit Sign The attached NYSDEC permit sign must be posted, protected from the weather, in a conspicuous outdoor location at the project site. This sign is to be posted for the duration of work authorized by this permit.

6. Dredging Windows For the protection of spawning winter flounder, dredging is prohibited from February 15 – May 20 of any calendar year.

7. Dredging Depths Approved dredge depths are thirty-five feet and forty feet, plus two feet allowable overdredge depth.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 2-9902-00051

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

9. Sidecasting Prohibited Excavated sediments must be placed directly into the approved disposal site or conveyance vehicle. The sidecasting (double dipping) or temporary storage of dredge material is prohibited.

10. Dragline Prohibited The use of a dragline is strictly prohibited.

11. 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 Leader, 47-40 21st Street, Long Island City, New York, 11101; R2Dredge@dec.ny.gov.

The following bucket specifications are required:

The bucket must be constructed with sealing gaskets or overlapping sealed design at the jaws,a.

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.

Any seals or flaps designed and/or installed at the jaws and locations of vent openings mustb.

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.

Bucket hoist speed must be limited to approximately 2 feet per second. The bucket must bec.

lifted in a continuous motion through the water column and into the barge.

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

Where the environmental bucket repeatedly encounters resistance from consolidated materialse.

(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.

12. Barge Overflow Barge overflow is prohibited.

13. Decanting The Permittee will be allowed to decant the dredged water off the barge so long as all of the conditions below are met:

All decant discharge is to occur within the approved turbidity curtain.a.

All dredge material is allowed to settle for at least 24 hours prior to decanting.b.

The barge water is clear of turbidity. The clarity of the water is to be confirmed with a waterc.

sample to be taken in accordance to the water monitoring standard below.

Decanting of the barge shall be conducted in a manner that precludes adding substantiald.

suspended solids, turbidity or sheens to the receiving water body. During pumping of the decant water, great care shall be taken to avoid re-suspending or pumping previously settled sediment.

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

15. 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.

16. Post-Dredge Bathymetric Survey Within ninety (90) days of the completion of the dredging project, a post-dredge bathymetric survey must be submitted to the NYSDEC Dredge Team Leader, 47- 40 21st Street, Long Island City, New York, 11101; R2Dredge@dec.ny.gov.

17. Future Maintenance Dredging Prior to undertaking any future dredging events pursuant to this permit, Permittee must submit the following (with receipt of items B – E required at least fifteen (15) business days prior to the commencement of dredging):

If most recent sediment sampling results are more than 5 years old, Permittee must submit a newa.

Sediment Sampling and Analysis Plan (SSAP), with current bathymetric survey indicating sampling locations for the proposed excavated material, at least sixty (60) days prior to the proposed start of sampling. The SSAP must be approved by the NYSDEC prior to commencement of sampling;

Results of sediment sampling;b.

Pre-construction bathymetric survey;c.

Notice of Intent to Commence Dredging;d.

Information on final placement location for dredged material.e.

The request must be submitted to NYSDEC Marine Resources Manager, 47-40 21st Street, Long Island City, New York, 11101; R2Dredge@dec.ny.gov.

18. 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.

19. 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.

WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS

Facility DEC ID 2-9902-00051

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 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.

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

Facility DEC ID 2-9902-00051

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.

NOTICE OF INTENT TO COMMENCE WORK

Date: ____________________________

NYSDEC Natural Resources

Attn. Natural Resources Supervisor

N.Y.S.D.E.C Region 2 Office

47-40 21st Street

Long Island City, N.Y. 11101

Re: NYSDEC Permit No. 2-9902-00051/00009

US ARMY CORP-BUTTERMILK CHANNEL

Maintenance dredging

New York & Brooklyn, 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

NOTICE OF COMPLETION OF WORK

Date: ____________________________

NYSDEC Natural Resources

Attn. Natural Resources Supervisor

N.Y.S.D.E.C Region 2 Office

47-40 21st Street

Long Island City, N.Y. 11101

Re: NYSDEC Permit No. 2-9902-00051/00009

US ARMY CORP-BUTTERMILK CHANNEL

Maintenance dredging

New York & Brooklyn, NY

Dear NYSDEC Natural Resources Supervisor:

In accordance with Natural Resource Condition 4 of the referenced permit, I hereby serve notice that the work allowed by the above referenced permit has been completed as of

___________________________, 20____, consistent with the requirements of the above referenced permit.

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 cc: Environmental Permits

Marine Resources

Stephen A. Watts III

· 47-40 215t Street

LIC, NY 11101

.. (718) 482-4997