Attachment 2_FIMP C-2 WQC 7-28-2022.pdf

July 28, 2022

Peter Weppler, Chief Environmental Analysis Branch U.S. Army Corps of Engineers – Planning 26 Federal Plaza – Room 2151 New York NY 10278 0090

Re: DEC Permit #: 1-4799-00140/00001 Water Quality Certification (WQC) FIMP – Contract 2:

Moriches Inlet, Shinnecock Inlet, Smith Point County Park, WOSI

Dear Mr. Weppler:

In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing the Water Quality Certification for the above project.

Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. This permit must be kept available on the premises of the facility at all times

Also enclosed please find a permit sign which is to be conspicuously posted at the project site and protected from the weather.

Sincerely, Kevin Kispert file Environmental Analyst II Enclosures cc via e-mail: NYSDEC Review Team

NYSOPRHP

NYSDOS-Coastal Review

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 1-4799-00140

PERMIT

Under the Environmental Conservation Law (ECL)

Permittee and Facility Information

Permit Issued To: Facility:

US DEPT OF THE ARMY FIMP CONTRACT 2

THE PENTAGON MORICHES & SHINNECOCK INLETS, SMITH

PT PK, WOSI

WASHINGTON, DC 20310 MORICHES, NY 11955

Facility Application Contact:

PETER WEPPLER

Usacoe Planning C/O Psc Mail Center 26 Federal Plz Rm 17-420

NEW YORK, NY 10278-0090

(917) 790-8634

Facility Location: In MULTIPLE TOWNS in SUFFOLK COUNTY Village: CONTRACT 2:

BROOKHAVEN, SOUTHAMPTON

Facility Principal Reference Point: NYTM-E: 688.625 NYTM-N: 4514.921

Latitude: 40°45'49.1" Longitude: 72°45'54.8" Authorized Activity: Hydraulically dredge the navigation channel, deposition basin, and ebb shoal areas of Moriches Inlet and Shinnecock Inlet, and pump the resulting 635,000 cubic yards of material onto beaches at Smiths Point County Park, the West of Shinnecock Interim Project Area, and CPF # 7 (Pattersquash Reach), to re-establish the natural longshore transport of sand and provide protection to the mainland and barrier island.

Establish Coastal Protective Feature (CPF) # 7 by placing dredge material, devegetating and regrading to establish slopes and elevations that will provide nesting and foraging habitat.

All work must be done as shown on the attached 26-sheet set of drawings prepared by USACE New York District, issue date June 17, 2022, all stamped "NYSDEC Approved 7/28/2022.

Permit Authorizations

Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4799-00140/00001 New Permit Effective Date: 7/28/2022 Expiration Date: 7/27/2032

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: KEVIN A KISPERT, Deputy Permit Administrator Address: NYSDEC Region 1 Headquarters

SUNY @ Stony Brook|50 Circle Rd Stony Brook, NY 11790 -3409

Authorized Signature: ______________________________________ Date 7/28/2022

Distribution List

PETER WEPPLER

Marine Habitat Protection

MICHELLE GIBBONS

Flood Control and Coastal Erosion

KEVIN A KISPERT

Permit Components

NATURAL RESOURCE PERMIT CONDITIONS

WATER QUALITY CERTIFICATION SPECIFIC CONDITION

GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS

Permit Attachments

6/17/2022Site Plan Attachment A

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, which includes the relevant water quality standards and explanation for the condition..

2. Conformance With Plans List 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 include the following:

Document Description and date

a. USACE New York District Sheets 1 - 26, issue date 6/17/2022

FIMP Contract 2 stamped "NYSDEC Approved on 7/28/2022

Water Quality Requirements: 6 NYCRR 608.9 Discharges prohibited without certification.

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

3. Notice of Commencement & Completion At least 48 hours prior to commencement of each dredge event for the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. With the exception of the initial dredge event, the notification must also include including an updated site plan specifying the disposal site.

Within 30 days of completion of each dredge and deposition cycle of the project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and a statement of the amount of material dredged and amount of material deposited at the approved disposal site. Notice and materials shall be submitted via email to:

Marine Habitat Protection: DEC.sm.R1MHP-BEH@dec.ny.gov Coastal Erosion Management: Coastals@dec.ny.gov and eric.star@dec.ny.gov

Wildlife: Wildlife.r1@dec.ny.gov and Michelle.gibbons@dec.ny.gov

Water Quality Requirements: 6 NYCRR 608.9 Discharges prohibited without certification.

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

4. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather.

Water Quality Requirements: 6 NYCRR 608.9 Discharges prohibited without certification.

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

5. Activity Restriction Windows For In-Water Work Dredging and other in-water work authorized by this permit is prohibited between the dates listed below for the respective species in areas as shown on Attachment "A" - Activity Restriction Windows".

Activity Window Restrictions:

Piping Plover & Least Terns: April 1 to August 31 inclusive Finfish & Shellfish: June 1 to September Inclusive Horseshow Crab: April15 to July 15 Inclusive Winter Flounder: January 1 to May 31 Inclusive Atlantic Sturgeon: May 1 to June 30, September 1 to November 30 Inclusive

Water Quality Standards: 6 NYCRR 703.2 – as above. 6 NYCRR 701, Classification of surface waters and identification of best usages.

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

Activity Restriction Windows

6. Activity Restriction Windows For Beach Work On-beach work/disturbance , including but not limited to, the deposition of dredged material, the grading/movement of material to shape the beach berm, mobilization and demobilization activities, and the operation of construction equipment and vehicles, is prohibited between the dates April 1 and August 31 inclusive of each year as listed in Attachment "A" Activity Window Restrictions" in order to protect the reproductive activities of beach nesting shorebirds listed as endangered or threatened. Should an unavoidable need arise to conduct authorized on-beach activities during the April through August restriction period, the permittee shall notify the Department (michelle.gibbons@dec.ny.gov; kevin.kispert@dec.ny.gov) at least 15 days before the work is scheduled to start and provide for DEC approval a written plan outlining how the work will be conducted to avoid negative impacts to the species.

Water Quality Standards: 6 NYCRR 701.2 through 701.8 states that New York fresh surface waters shall be suitable for fish, shellfish and wildlife propagation and survival; 6 NYCRR 701.9 states that New York fresh surface waters shall be suitable for fish, shellfish and wildlife survival; 6 NYCRR 182 Regulations prohibiting the take of state-listed endangered or threatened species; 19 NYCRR § 602.5 Significant Coastal Fish and Wildlife Habitats made under the authority granted to New York State to implement elements of the federal Coastal Zone Management Act of 1972.

Explanation: This condition is necessary to ensure that activities undertaken within designated significant coastal fish and wildlife habitats fully identify the natural resources within the project area and develop site-specific plans and methods for the minimization and control of discharges affecting water quality and wildlife. The condition is necessary to ensure that discharges do not contravene state water quality standards, that best usages are maintained, waters remain suitable for fish, shellfish, and wildlife survival and any activities authorized do not “take” any aquatic or aquatic-dependent state listed endangered or threatened species or its habitat.

7. Leave a Uniform Bottom Elevation All dredging shall be conducted so as to leave a uniform bottom elevation free of mounds or holes.

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards related to turbidity, suspended solids, and other deleterious substances.

Explanation: This condition is necessary to ensure that the project does not violate water quality standards related to turbidity.

8. Grade Channel Side Slopes All side slopes of the dredge channel will have a maximum of 1:3 slope.

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards related to turbidity, suspended solids, and other deleterious substances.

Explanation: This condition is necessary to ensure that the project does not violate water quality standards related to turbidity.

9. Properly Locate & Position Dredged Material Discharge Pipe The dredged material discharge pipe shall be located and positioned to prevent the scouring or damage of dunes and to prevent the direct placement of material seaward of the line of spring high water. A diffuser shall be attached to the end of the discharge pipe.

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards for turbidity, suspended solids, and other deleterious substances.

Explanation: This condition is necessary to ensure that upland erosion is minimized and contained during project construction, preventing contravention of the water quality standards.

10. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities except as specifically authorized for Coastal Protective Feature (CPF) 7 as shown on the approved plans.

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards related to turbidity, suspended solids, and other deleterious substances.

Explanation: This condition is necessary to ensure that upland erosion is minimized and contained during project construction, preventing contravention of the water quality standards.

11. Dredging Once Per Year Dredging shall be undertaken no more than once in any calendar year unless specifically authorized by the department.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 1-4799-00140

Water Quality Standards: 6 NYCRR 703.2 – as above. 6 NYCRR 701, Classification of surface waters and identification of best usages.

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

12. Dredged Materials on the Beach All material deposited on the beach shall be of compatible (equal to or larger) grain size to the naturally occurring beach. If at any time during the dredging operation the composition of the dredged material changes and becomes unsuitable for beach placement, dredging operations shall cease immediately and the office of Regional Habitat - TW shall be contacted with a proposed plan to correct the problem and/or for alternative placement. No further activity will commence without the department’s approval.

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards related to turbidity, suspended solids, and other deleterious substances.

Explanation: This condition is necessary to ensure that the project does not violate water quality standards related to turbidity.

13. Dredged Depth Survey Within 90 days of completion of the dredging operation, an as-dredged depth survey of the dredged area shall be submitted via email to:

Marine Habitat Protection: DEC.sm.R1MHP-BEH@dec.ny.gov

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards related to turbidity, suspended solids, and other deleterious substances.

Explanation: This condition is necessary to ensure that the project does not violate water quality standards related to turbidity.

14. As-Built Survey for CPFs and Beaches Post Construction Topographic Surveys of CPF#7, Smith Point County Park, and West of Shinnecock Interim Area (WOSI) shall be submitted to the Department (Coastals@dec.ny.gov) no more than 90 days after project completion.

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards related to turbidity, suspended solids, and other deleterious substances.

Explanation: This condition is necessary to ensure that the project does not violate water quality standards related to turbidity.

15. Storage Tanks & Fueling Fuel or other chemical storage tanks shall be contained and located at all times in an area greater than 100 feet landward of apparent high water to avoid the inadvertent leakage of deleterious substances into surface waters. or located in existing, improved locations such as paved parking lots or streets with appropriate containment to prevent contamination of the beach and surface waters. No refueling is authorized on the beach.

If the above requirement cannot be met by the permittee, then the storage areas must be designed to completely contain any and all potential leakage. Such a containment system must be approved by Department staff prior to equipment, machinery or tank storage within 100 feet of apparent high water.

Any spill of petroleum exceeding 5 gallons in quantity must be immediately reported to the NYS Oil Spill Hotline at 1-800-457-7362.

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

Explantion: 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 implemenation of the project.

16. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 100 feet landward of apparent high water in order to avoid the inadvertent leakage of deleterious substances into surface waters.

Water Quality Standards: 6 NYCRR 608.9 Discharges prohibited without certification.

Explanation: This condition is necessary to ensure that the storage of materials and the operation of heavy equipment does not result in long-term or permanent alteration of waters, creating a discharge beyond the scope of the authorized discharge.

17. No Equipment Staging In Dune Areas There shall be no staging of equipment, vehicles or supplies in dune areas.

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

Explantion: This condition is necessary to ensure eqipment used for the project will not contribute to a contravention of water quality standards during the implemenation of the project.

18. No Construction Debris Any debris, garbage, trash, or excess material from construction of this project, including debris and woody material from the grubbing and clearing of Coastal Protective Feature # 7, shall be completely removed from the beach and taken to an appropriate approved upland area for disposal. No debris is permitted on the dunes, beach, or in the water.

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards for turbidity, suspended solids, toxic substances and other deleterious substances.

Explanation: This condition is necessary to ensure that various materials which can be harmful or toxic to aquatic life, are properly contained during project construction, preventing the contravention of the water quality standards.

19. No Disturbance To Vegetated Dune Areas There shall be no disturbance to vegetated dune areas except as specifically authorized for Coastal Protective Feature (CPF) 7 as shown on the approved plans.

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards for turbidity, suspended solids, and other deleterious substances.

Explanation: This condition is necessary to ensure that upland erosion is minimized after construction is completed, preventing contravention of the water quality standards.

20. Restore Any Areas Disturbed By Construction Any areas of beach or dune disturbed during the construction of the activities authorized herein, such as the installation, relocation and removal of dredged material discharge pipes and booster pumps, and the operation of staging areas must be restored to pre-project conditions upon completion of work.

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards for turbidity, suspended solids, and other deleterious substances.

Explanation: This condition is necessary to ensure that upland erosion is minimized after construction is completed, preventing contravention of the water quality standards.

21. Grade Completed Beach Smooth Upon completion of the project, the permittee shall grade the beach nourishment areas as necessary to remove wheel ruts, tire tracks, or any mounds, ridges or holes in excess of 6 inches above or below the finished beach surface.

The grade of the finished beach must be suitable to support the nesting of piping plovers and least terns.

Water Quality Standards: 6 NYCRR 701.2 through 701.8 states that New York fresh surface waters shall be suitable for fish, shellfish and wildlife propagation and survival; 6 NYCRR 701.9 states that New York fresh surface waters shall be suitable for fish, shellfish and wildlife survival; 6 NYCRR 182 Regulations prohibiting the take of state-listed endangered or threatened species; 19 NYCRR § 602.5 Significant Coastal Fish and Wildlife Habitats made under the authority granted to New York State to implement elements of the federal Coastal Zone Management Act of 1972.

Explanation: This condition is necessary to ensure that activities undertaken within designated significant coastal fish and wildlife habitats fully identify the natural resources within the project area and develop site-specific plans and methods for the minimization and control of discharges affecting water quality and wildlife. The condition is necessary to ensure that discharges do not contravene state water quality standards, that best usages are maintained, waters remain suitable for fish, shellfish, and wildlife survival and any activities authorized do not “take” any aquatic or aquatic-dependent state listed endangered or threatened species or its habitat.

22. No-Disturbance Buffer in CPF 7 A no disturbance buffer shall be established immediately adjacent to and extending 100 feet north of Burma Road (the 4x4 Access Road) which runs east/west.There shall be no disturbance to the vegetation or topography inside this buffer area.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 1-4799-00140

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards for turbidity, suspended solids, and other deleterious substances.

Explanation: This condition is necessary to ensure that upland erosion is minimized and contained during project construction, preventing contravention of the water quality standards.

23. Herbicide Restriction CPF # 7 If herbicides are proposed for future vegetative maintenance of CPF # 7, application must be done at a frequency that allows for the use of techniques with minimal overspray-such as stem injection or hand wicking. Treatment should be sufficiently frequent to keep vegetation at a level that provides sufficient shoreline access for the plovers.

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

Explantion: 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.

24. Stockpiles Dredged material shall be pumped and placed directly on the receiving beach. There shall be no stockpiling or temporary storage of dredged materials for longer than 48 hrs.

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

Explanation: This condition is necessary to ensure that erosion from stockpiled materials is minimized and contained during project construction, preventing contravention of the water quality standards.

25. 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.

26. Precaution 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 Standards: 6 NYCRR 703.2. Narrative water quality standards related to turbidity,suspended solids, toxic substances, color, and other deleterious subtances.

Explantion: 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 implemenation of 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.

2. 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.

3. 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.

4. 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 1 Headquarters SUNY @ Stony Brook|50 Circle Rd Stony Brook, NY11790 -3409

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.

Attachment "A" FIMP Contract 2 Environmental Windows DecemberJanuary February March April May June July August September October November

Dredging the Navigation Channel and deposition basin outside the bay, including the ebb shoal, is closed due to Sturgeon May

1 to June 30

Dredging the Navigation Channel and deposition basin outside the bay, including the ebb shoal, is closed due to Sturgeon

Sept 1 to November 30

Dredging the navigation channel and deposition basin outside the bay (Shinnecock Inlet station numbers 0+00 to 45+00, and Moriches Inlet station numbers 0+00 to 38+00).

Also dredging of the ebb shoal at both Shinnecock and Moriches.

Dredging the Navigation channel and deposition basin outside the bay, including the ebb shoal, is closed due to Finfish and Shellfish June 1 to September 30 sand placement on Ocean Beaches

All sand placement at WOSI, and SPCP is closed due to Piping Plover and Least Terns 4/1 to 8/31

CPF #7 construction activities CPF #7 construction closed due to Piping Plover and Least Terns 4/1 to 8/31

CPF #7 construction is closed due to Horseshoe Crab April 15 to July 15

Dredging the navigation channel and deposition basin inside the bay (Shinnecock inlet station numbers 45+00 to 55+09, and Moriches Inlet Station Numbers 38+00 to 48+30)

Dredging the navigation channel and deposition basin inside the bay is closed due to Winter Flounder from January 1 to May 31

Dredging the navigation channel and deposition basin inside the bay is closed due to Horseshoe Crab April 15 to July 15

Dredging the navigation channel and deposition basin inside the bay is closed due to Finfish and

Shellfish June 1 to September 30

CPF #7 construction closed due to Winter Flounder from January 1 to May 31

DecemberJanuary February March April May June July August September October November

Dredging the Navigation Channel and deposition basin outside the bay, including the ebb shoal, is closed due to Sturgeon May

1 to June 30

Dredging the Navigation Channel and deposition basin outside the bay, including the ebb shoal, is closed due to Sturgeon

Sept 1 to November 30

Dredging the Navigation channel and deposition basin outside the bay is closed due to Finfish and

Shellfish June 1 to September 30

All sand placement at WOSI, and SPCP is closed due to Piping Plover and Least Terns 4/1 to 8/31

CPF #7 construction closed due to Piping Plover and Least Terns 4/1 to 8/31

CPF #7 construction is closed due to Horseshoe Crab April 15 to July 15

Dredging the navigation channel and deposition basin inside the bay is closed due to Winter Flounder from January 1 to May 31

Dredging the navigation channel and deposition basin inside the bay is closed due to Horseshoe Crab April 15 to July 15

Dredging the navigation channel and deposition basin inside the bay is closed due to Finfish and

Shellfish June 1 to September 30

CPF #7 construction closed due to Winter Flounder from January 1 to May 31