Attachment 3_2022 SUP USACE - FIMP Smith Point Sand Replenishment - Luke.pdf

NPS Form 10-114 (Rev. 01/2017)

National Park Service

SPECIAL USE PERMIT

Fire Island National Seashore] 120 Laurel Street Patchogue, New York 11772 631-687-4758

9/1/2022Name Park Alpha Code

Helen Luke FIIS

Company/Organization Type of Use

U.S. Army Corps of Engineers FIMP Construction

Street Address Permit #

26 Federal Plaza, Rm. 16-504 22-FIIS-033

City State Zip Code Country

New York NY 10278 USA

Telephone Number Cell Phone Number

917-790-8430

Fax Number

Email Address

Helen.luke@usace.army.mil is hereby authorized to use the following described land or facilities in Fire Island National Seashore:

National Park Service lands from the eastern boundary of Smith Point County Park to Moriches Inlet, from the high mean water line, southward to the water’s edge.

The area must be restored to its original condition at the end of the permit.

The permit begins at 7:00 x am / pm on 9/01/2022. The permit expires at 5:00 am / x pm on 3/31/2023.

SUMMARY OF PERMITTED ACTIVITY: (see attached sheets for additional information and conditions)

The US Army Corps of Engineers (USACE) is seeking access on, over and through federal lands administered by the National Park Service (NPS) in connection with the Fire Island to Montauk Point Coastal Storm Risk Management Project (FIMP). Proposed work in support of FIMP Contract 2 activities is to take place on NPS lands located on the south shore of Fire Island from mean high tide southward 1000 ft. into the Atlantic Ocean.

NPS land is depicted on Sheets C-101 & C-102 of the FIRE ISLAND INLETTO MONTAUK POINT, SUFFOLK COUNTY,NEW YORK, CONTRACT 2-DREDGING, MORICHES & SHINNECOCK INLETS, PLACEMENT AT SMITH POINT COUNTY PARK AND W OSI & CPF7CONSTRUCTION STA 1305+00TO STA 1320+00 SMITH POINT COUNTY PARK BEACH FILL plans.

Contractor staging areas will be located at Smith Point County Park Parking Lot, identified on the plans. Sand Placement is proposed for Smith Point County Park. Heavy equipment on the beach to support dredge operations includes: 4 Bull dozers, Dredge pipe, Survey vehicles: land and water, Dredge shack, Fuel tanks, Welding equipment, Conex boxes for equipment storage, 4x4 vehicles.

Person on site responsible for adherence to the terms and conditions of the permit (include contact information)

Jacob Koo – 646-717-2756

Authorizing legislation or other authority

54 U.S.C. §100101

APPLICATION FEE

Received Amount

X Not Required $ Waived

PERFORMANCE BOND

Required Amount

Not Required $

LIABILITY INSURANCE

X Required Amount

Not Required $

COST RECOVERY

Required Amount

Not Required $

LOCATION FEE

Required Amount

Not Required $

NPS Form 10-114 (Rev. 01/2017)

National Park Service

CONDITIONS OF THIS PERMIT

Failure to comply with any of the terms and conditions of this permit may result in the immediate suspension or revocation of the permit. [36 CFR 1.6(h)]

1. The permittee is prohibited from giving false information; to do so will be considered a breach of conditions and be grounds for revocation: [36 CFR

2.32(a)(3)].

2. This permit may not be transferred or assigned without the prior written consent of the Superintendent.

3. The permittee shall exercise this privilege subject to the supervision of the Superintendent or designee, and shall comply with all applicable Federal, State, county and municipal laws, ordinances, regulations, codes, and the terms and conditions of this permit. Failure to do so may result in the immediate suspension of the permitted activity or the revocation of the permit. All costs associated with clean up or damage repairs in conjunction with a revoked permit will be the responsibility of the permittee.

4. The permittee is responsible for making all necessary contacts and arrangements with other Federal, State, and local agencies to secure required inspections, permits, licenses, etc.

5. The park area associated with this permit will remain open and available to the public during park visiting hours. This permit does not guarantee exclusive use of an area. Permit activities will not unduly interfere with other park visitors’ use and enjoyment of the area.

6. This permit may be revoked at the discretion of the Superintendent upon 24 hours notice.

7. This permit may be revoked without notice if damage to resources or facilities occurs or is threatened, notwithstanding any other term or condition of the permit to the contrary.

8. The Permittee agrees to be responsible for administration and/or payment of any and all claims for property damage or personal injuries which may arise out of the activities authorized by this Agreement in accordance with the provisions of the Federal Tort Claims Act.

9. Agents of the Permittee, including any contractors providing services to the Permittee in connection with the activity authorized under this permit, are required to submit proof of insurance to the NPS as a condition of this Permit. This Permit may be delayed, suspended, or terminated for failure to provide satisfactory proof of insurance to the NPS. Applicable insurance requirements include:

a. General Liability Insurance Requirements – Commercial General Liability through one or more primary and umbrella liability policies against claims for bodily injury and property damage occurring on the Premises, the improvements thereon, or the streets, curbs or sidewalks adjoining the Premises, with such limits as may be required by the NPS, but in any event not less than One Million Dollars ($1,000,000) per incident and Three Million Dollars ($3,000,000) in the aggregate for the Premises.

b. All insurance policies shall name the United States of America as an additional insured. The United States of America must be identified as additional insured on the face on documents issued in connection with same.

c. No approval by the NPS of any insurer, or the terms or conditions of any policy, or any coverage or amount of insurance, or any deductible amount shall be construed as a representation by the NPS of the solvency of the insurer or the sufficiency of any policy or any coverage or amount of insurance or deductible.

10. The person(s) named on the permit as in charge of the permitted activity on-site must have full authority to make any decisions about the activity and must remain available, during normal working hours. He/she shall be responsible for all individuals, groups, vendors, etc. involved with the permit

11. Nothing herein contained shall be construed as binding the Service to expend in any one fiscal year any sum in excess of appropriations made by

Congress or administratively allocated for the purpose of this permit for the fiscal year, or to involve the Service in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations.

12. If any provision of this permit shall be found to be invalid or unenforceable, the remainder of this permit shall not be affected and the other provisions of this permit shall be valid and be enforced to the fullest extent permitted by law.

13. The permit holder is not authorized to stage equipment, fuel, and building supplies on Seashore administered lands for work in conjunction with the contract authorizing the work under this permit.

14. Permittee will need to prepare and send to the National Park Service a hazardous material spill control plan to be utilized for any and all equipment being used on the beach.

15. There will be no access west of the Wilderness Visitor Center located at the western boundary of Smith Point County Park.

16. The USACE will provide the National Park Service with a copy of the awarded contract.

17. The USACE will ensure that construction activities will follow the mitigations outlined in the USFWS Biological Opinion (BO). The permit holder will be responsible for any monitoring required by the BO and shall ensure that certified ecological monitors will monitor for the presence of any threatened and endangered species that may be in the project area (Red Knots, Sea Bach Amaranth, etc.). on the beach within the project area and adjacent to communities. These monitors must notify the National Park Service immediately at 631-687-4760 (POC – Michael Bilecki) if any threatened and endangered species are observed. The National Park Service and the permit holder shall coordinate a joint response which may include the installation of fencing, posted signs, and further monitoring. The permit holder is responsible for supplying materials related to protection of threatened and endangered species within the project area.

18. Work is authorized within the deeded jurisdictional lands south of the mean high tide line south 1000 ft. into the Atlantic Ocean.

19. The permit holder must give the National Park Service via email, www.FIIS_checkpoint@nps.gov, a minimum of 48 hours notice prior to mobilization of the project.

20. Any change in contractor’s equipment list and vehicles must be approved by the National Park Service.

21. The National Park Service shall have the option to review and make necessary adjustments to permit conditions.

http://www.FIIS_checkpoint@nps.gov/