B.08.03 Amendment 02 00 31 24.01 18.pdf

FIMI Saltaire to Seaview Emergency Stabilization FIMIPIR Amendment 02

SECTION 00 31 24.01 18

WATER QUALITY CERTIFICATE

07/17

PART 1 GENERAL

1.1 DESCRIPTION

1. The DEC# l-4799-00023 / 00008 Water Quality Certification Fire Island to Moriches Inlet Stabilization Project, dated 21 August 2014, is attached.

2. Downtown Montauk Draft WQC attached - Draft conditions are subject to change if substantive and significant issues are raised during the public comment period.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section --

DOCUMENT 00 31 24.01 18 Page 1

FIMI Saltaire to Seaview Emergency Stabilization FIMIPIR Amendment 02

LEFT BLANK INTENTIONALLY

DOCUMENT 00 31 24.01 18 Page 2

New York State Department of Environmental Conservation Division of Environmental Permits, Region 1 SUNY@ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 • Fax: (631) 444-0360 Website: www.dec.ny.gov

Peter Weppler, Chief, Environmental Analysis Branch Planning Division US Department of the Army New Yiork District - Corps of Engineers Jacob K. Javits Federal Building New York, NY 10278-0090

August 21 , 2014

Joe Martens Commissioner

Re: DEC# l-4799-00023 / 00008 Water Quality Certification Fire Island to Moriches Inlet Stabilization Project

Dear Mr. Weppler:

In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 62 1) we are enclosing the Water Quality Certification for the referenced action. Please carefully read all pem1it conditions and specia l 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.

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

Enclosures cc: BOJ-1-TW

Coastal Erosion

Sincerely, George W. Hammarih Deputy Regional Permit Administrator

NEW YORK STAT E DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 1-4799-00023

PERMIT

U nder the Environmental Conservation Law ECL

Permit Issued To:

U S DEPT OF THE ARMY

THE PENTAGON

WASHINGTON, DC 203 10

Permittee and Facility Information

Facility:

BARRIER ISLANDS & ATLANTIC

COASTLINE

FIRE ISLAND INLET TO MONT AUK POINTT

BABYLON TO SOUTHAMPTON, NY

Facility Location: ln MULTIPLE TOWNS in SUFFOLK COUNTY Facility P~incipal Reference Point: NYTM-E: 660.5 NYTM-N: 4502.3

Latitude: 40°39'21 .5" Longitude: 73°06'05.3" Proj ect Location: Fire Island from Robe11 Moses State Park to Moriches Inlet Authorized Activity: Undertake a project to stabilize and restore the beach berm and primary dune at various locations along the length of Fire Island which were eroded during Hurricane Sanely and subsequent storms. The work involves the removal, via hopper dredge and or hydraulic cutterhead dredge, ofup to 7 mill ion cubic yards of sand from three offshore borrow areas and the placement of the material aqcording to several beach berm construction and dune constructio n templates at various locations along the barrier beach from Robert Moses State Park to Moriches Inlet with the associated removal or relocation of oceanfront structures in the project footprint. The approximate total linear footage of beach berm and dune construction is 85,118, or about 16.12 miles, which will be undertaken in three separate phases, stai1ing with the eastern end (Smith Point County Park), then the western end (Lonelyville to Robert Moses State Park) and concluding with the remaining communities in the central portion of the island. Work will take place on lands located in the towns of Brookhaven and Islip; and the incorporated v illages of Ocean Beach and Saltaire; including the parkland of Suffolk County and New York State; and one federally owned prope11y, the parcel containing the Fire Island Lighthouse. No other federal land is involved.

' For the initial, Smith Point County Park phase of the project, the standard proposed berm and dune constructidn templates include a beach berm of 90 feet in width at elevation +9.5 NAVO and dunes with crest widths of 25 feet and top elevations of+ 15 NA VD in the western portion of the park and + 13 NA VD in the eastern portion . Three areas within the park will be fi lled and graded to modified templates in order to enhance or create habitat for beach nesting shorebirds.

The tlu·ee offshore borrow areas from which the sand for the overall project will be obtained are designated USACE Borrow Areas 2C, 4C and 5B. Borrow Area 2C is an irregularly shaped area of approximate dimensions 2.6 miles long by 0.85 mi les wide located about two miles off Point O' Woods and wi ll be deepened by approx imately I 0-12 feet. BotTOW Area 4C is an approximately 60 acre area located about I mile off Westhampton Beach which will be deepened by about IO feet. Borrow Area 5B is an approximately 555 acre area located about 1.8 miles off Quogue wh ich will be deepened by I 0- 12 feet.

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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

The first (Smith Point County Park) phase of the project will conducted according to the attached, 21-sheet set of drawings prepared by the USA CE and the attached, two-sheet summary chart of construction template modifications and site management specifications for the five shorebird habitat creation / enhancement sites. All sheets stamped "NYSDEC Approved 8/21114". The plan view and cross-section drawing sets for each subsequent phase of the project will be submitted for DEC review and approval at least 30 days prior to construction commencement of the phase.

Permit Authorizations

Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 11-4799-00023/00008

New Permit Effective Date: 8/21/2014 Expiration Date: 8/ I 5/2024

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 Adlninistrator: GEORGE W HAMMAR TH, Deputy Regional Permit Administrator Address: ~ J .,/ NYSDEC REGION 1 HEADQUARTERS

~ SUNY @ STONY BROOKJ50 CIRCLE RD

STONY BROOK, NY 11790 -3409

Authorized Signature: ~ ~ Date !!/~z< Permit Components

NATURAL RESOURCE PERMlT CONDITIONS

WATER QUALITY CERTIFICATION SPECIFJC CONDITION

GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS

Pagc2 of8

Facility DEC JO 1-4799-00023

NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: WATER QUALITY CERTIFICATION

1. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification fom1 ce11ifying that they are fully aware of and understand all tenns and conditions of this permit. Withi n 30 days of completion of project, the bottom portion of the form must a lso be signed and returned, along with photographs of the completed work.

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

3. Required Drawing Submissions The permittee shall submit the following drawings or sets of drawings, in quadruplicate, to the Department for review and approval within the specified time frame prior to work stai1ing on the subject aspect of the project:

I

- Plan view and cross-section drawing sets for the second and third phases of the project at least 30 days prior to construction sta11 on each phase.

- Any detail plan view and cross-section sketches of the northern portion of the New Made Island shorebird habitat creation feature and adjacent bayside shoreline which may be required as a result of the on-site meeting required by Natura l Resource Permit Condition 5. Any such sketches should show the line of mean high water, the landward boundary of any tidal marsh vegetation in the construction area and include an estimate of the area (in square feet) of any tidal marsh vegetation which will be disturbed.

The sketches must be provided at least 15 days prior to the start of any construction at the site.

4. Measures to Protect Listed Species of Beach Nesting Shorebirds In order to protect state and federally listed species of beach nesting shorebirds such as the piping plover and least tern, activities authorized by this permit are prohibited between the dates April 1 and August 31 of each year. lf an unavoidabJe need arises to conduct authorized activities withi.n 1,000 meters of an active nest dur ing the April through August period, the permittee shall notify the Depa11ment (michelle.gibbons@dec.ny.gov;

george.hamma11h@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.

5. Piping P lover & Least Tern Monitoring & Management Program The permittee shall organize and oversee the development and implementation of an integrated, coordinated monitoring and management program for the piping plover and least tern which covers all jurisdictions on Fire Island for the li fe of this permit. This mon itoring and management program must incorporate and enhance the existing monitoring programs currently being conducted by the various jurisdictions on Fire Island and shall be developed in consultation with NYSDEC Wild life s taff (michelle.gibbons@dec.ny.gov). The written plan for this coordinated monitoring and management program must be developed and implemented before the start of the first breed ing season fo llowing project in itiation.

Page3of8

6. Plover Predator Management Program The perrnittee shall organize, coordinate and oversee the development of a management / control program for the predators of the piping plover which covers all jurisdictions on Fire Island for the life of this pem1it. This predator management / control strategy shall incorporate and enhance existing programs already operating and must be developed in consultation with NYSDEC Wildlife staff (michelle.gibbons@ dec.ny.gov).

7. On Site Preconstruction Meeting Required for New Made Island Habitat Creation Feature The permittee shall organize and conduct an on-site preconstniction meeting for the New Made Island piping plover habitat creation feature to be attended by USACE, its contractor, any involved subcontractor, NYSDEC and the land owner, Suffolk County. This meeting will be held at least 30 days before any construction begins at the New Made Island site and will focus on detailing how the feature will be developed in this environmentally sensitive location to achieve the primary goal of plover habitat creation/ enhancement while integrating legitimate concerns for the adjacent tidal wetlands and the proper long term management of dredged material.

s. Borrow Area Monitoring Requirement Within 90 days of the issuance of the Water Quality Ce1tification, the permittee must develop and receive Depaitment approval (dawn.mcreynolds@dec.ny.gov) for a schedule of data collection tasks for each borrow area authorized herein consistent with the August 2014 "Borrow Area Monitoring Plan for NYSDEC WQC Requirements/or New York State Coastal Restorntion Projects l111pleme11ted Under Public Law 113-2, the Disaster Reli~/Appropriations Act."

9. Dredge Plant Monitor Requirements The permittee shall employ appropriate monitoring procedures for Atlantic Sturgeon, m arine turtles and marine mammals on any and all dredges used to conduct the work authorized in this Water Quality Ce1iification. These procedures are set forth in the following appendices to the Project Specifications:

Appendix A - Monitoring Specifications for Hopper Dredges.

Appendix B - Monitoring Specifications for Mechanical Dredges.

Appendix C - Sea Turtle Handling & Resuscitation.

Appendix 'E - Incident Report of Sea Turtle Take.

Appendix F - lncident Report of Atlantic Sturgeon Take.

Appendix G - Endangered Species Observer Program - Large Whale Observation Data

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

· t 1. Grade Bo.-row Area Side S lopes All side s lopes of the borrow areas shall not exceed I vertical to 5 horizontal ( Iv : Sh).

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NEW YORK STATE DEPARTM ENT OF ENVIRONMENT AL CONSERVATION

Facility DEC JO 1-4799-00023

12. Dredged Depth Survey Within 60 days of completion of the d redging operation at each borrow area, an as-dredged depth survey of the dredged area shall be submitted to:

Regional Habitat - TW NYSDEC Region I Headquarters SUNY @ Stony Brook - 50 C ircle Rd.

Stony Brook, NY 11 790-3409

Attn: Compliance

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

14. Grade Completed Beach Smooth Upon completion of the project, the permittee shall grade the beach berm nourishment area as necessary to ensure that the finished seaward slope conforms with the final slope depicted on the approved plans, and to remove wheel ruts, tire tracks, or any mounds, ridges o r holes in excess of six (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.

15. Use Only Clean, Beach Compatible Sand All material used to reconstruct or repair dunes and rebuild the beach must be clean, beach compatible (grain size equal to or slightly larger than the existing beach material) sand suitable to provide nesting substrate for the piping plover and least tern.

16. Restore Any Areas Disturbed By Construction Any areas of beach, dune or wetland disturbed by the activities authorized herein, such as the installation, relocatio n and removal of pipes or booster pumps, temporary sand stockpiles or the operation of staging and access areas must be restored to pre project conditions upon completion of work.

17. No Construction Debris in Wetland or Ad_jacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas.

18. Storage Tanks Fuel or other chemical storage tanks shall be contained and located at all times in an area greater than I 00 feet landward of the regu lated wetland or water body. If the above requirement cannot be met by the permittee, then the storage areas must be designed to completely contain any and a ll potential leakage. Such a containment system must be approved by Department staff prior to equipment, machinery or tank storage wi thin 100 feet of the wetland or water body.

19. 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 I 00 linear feet from the tidal wetland boundary.

20. Conformance With Plans All activities authorized by this pern1it must be in strict conformance wi th the approved plans submitted by the applicant or applicant's agent as part of the permit application.

Such approved plans were prepared by USA CE; 21 sheets, & two-sheet summary chait of construction template modifications and s ite management specifications for the five shorebird habi tat creation / enhancement sites, all stamped "NYSDEC Approved 8/2 1/ 14" .

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21. 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 NYS Depat1ment of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301 , 302,303,306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met.

GENERAL CONDITIONS - Apply to ALL Authorized Permits:

I. Facility Inspection by The Department The permitted site o r 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 determi ne whether the pennittee is complying with this pe1mit and the ECL. Such representative may order the work suspended pursuant to ECL 7 1- 0301 and SAPA 40 1(3).

The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Depai1ment.

A copy of this pennit, 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 pennit upon request by a Depaitment 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 th is permit does not modify, supersede or rescind any order or detem1ination 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 T he 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 informat ion the Depar1ment requires.

Any renewal, modification or transfer granted by the Depa11ment must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to:

Regional Permit Administrator

N YSDEC REGJON I HEADQUARTERS

SUNY @ STONY BROOKJ50 CIRCLE RD

STONY BROOK, NY 11 790 -3409

4. Submission of Renewal Application T he permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Water Quality Certification.

s. Permit Modifications, Suspensions and Revocations by the Department The Depa11ment reserves the right to exercise a ll 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 permi t application or supporting papers;

b. failure by the permittee to comply with any tenns or condit ions of the permit;

c. exceeding the scope of the project as described in the permit application;

d. newly discovered material infonnation 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 provis ions of the Environmental Conservation Law or regulations of the Depa11ment 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 Environmenta l 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 unde11aking 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. Thjs indemnification does not extend to any claims, su its, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any cla ims, suits, or actions naming the DEC and aris ing under Article 78 of the New York C ivil Practice Laws and Ru les or any citizen suit or civil rights provision under federal or state laws.

Item B: Pennittee's Contractors to Comply with Permit .

T he pennittee 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 w ith respect to the permitted acti v ities, and suc h persons s ha ll be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.

Item C: Pcrmittee Responsible for Obtaining Other Required Permits The permittee is responsible fo r 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.

NEW YORK STATE DEPARTM ENT OF ENVIRONMENTAL CONSERVATION

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 w ith the riparian rights of others in order to perfo1111 the permitted work nor does it autho rize the impairment of any rights, title, o r interest in real or personal prope11y held or vested in a person not a party to the permit.

TABLE l.

Plan Modifications

Pattersquash Island Overwash - 13 HA

Dune location Seaward location, as shown on plans.

Dune Slopes 1:5 slopes.

Dune Planting Vegetated 18" spacing.

Dune De-vegetation No dune management.

Bayside De-vegetation De-vegetate when >30% cover, 10 yrs.

Project Sand-Fencing No project installed sand fencing.

Locally-installed fencing No l imitation bn locally-installed sand fencing within dune and w_ithin 75 ft buffer (allow for vehicle management).

Road location Burma Road located within 75 ft buffer north of landward toe of dune to maximize bayside habitat.

Smith Point Breach Overwash - 6.1 HA

Dune Location Seaward location, as shown on plans.

Dune Slopes 1:5 slopes.

Dune Planting Vegetated 18" spacing.

Dune De-vegetation No dune management.

Bayside De-vegetation De-vegetate when >30% cover, 10 yrs.

Project Sand-Fencing No project installed sand fencing.

Locally-installed fencing No limitation on locally-installed sand fencing within dune and w ithin 75 ft buffer (allow for vehicle management).

Road location Burma Road located within 75 ft buffer north of landward toe of dune to maximize bayside habitat.

New Made Island Overwash - 10.5 HA

Dune location Seaward location, as shown on plans.

Dune Slopes 1:5 slopes.

Dune Planting Vegetated 18" spacing.

Dune De-vegetation No dune management.

Bayside De-vegetation De-vegetate when >30% cover, 10 yrs.

Project Sand-Fencing No project installed sand fencing.

. Loca lly- installed fencing

Road Location

Great Gun Area & expanded Great Gun East - 34 H.A

Recontouring

Con~truction - De-vegetating berm

Adaptive De-vegetation

Adaptive pool management

New Made Dredge disposal habi tat l_ocat ion - 4HA + 2 HA expansion

Recontouring

I> (,, APPROVED AS 1'1:R TER)

AND corr >11 l

:· ,9~'0

No limitation on locally-installed sand fencing within dune and within 75 ft buffer (allow for vehicle management).

Burma Road located within 75 ft buffer north of landward toe of dune to maximize bayside habitat.

Maintain existing dune adjacent to the road. The berm would be configured as +9 that steps down to elevation +7 to promote ephemeral pools. Specific plans to be developed. Need to assess volume of san_d, and will keep sand in the system.

De-vegetate fronting berm, as part of recontouring.

De-vegetate when >30% cover, 10 yrs.

Maintain berm height if too high.

Focus on pre-season efforts to maintain height. Subject to adaptive management.

Lower dike. to adjacent grades, regrade existing substrate, and cover with 2 ft of ocean sand. Achieve desired slopes and percentage of foraging/ nesting habitat. Specific plans to be developed, possible connection to the east for an additional 2 HA.

NOTICE OF COMMENCEMENT OF CONSTRUCTION

RETURN THIS FORM TO:COMPLIANCE

Bureau of Habitat-TW 50 Circle Road

Or Fax to: 631-444-0297 t.J f')CK;f iony Brook, NY 11790-3409 0 /4

- l / I ;-000-;;J PERMIT NUMBER: Oc)oCJ(s EXPIRATION DATE: SJ tP~Odz(

?ERMITTEE NAME & PROJECT ADDRESS:

10Je-cr Ll5 fk.~ ff/(}¼/~ ~/10/'/c.)a._5 .:;l;v/e.'t ~1/;2~t141/

CONTRACTOR NAME & ADDRESS: _ _______________________ ____ _

_ _________ _____ TELEPHONE: _ _ __________________ _

Dear Sir:

Pursuant to the special conditions of the referenced permit, you are hereby notified that the authorized activity shall commence on __ _ _____ . We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all :iermit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the :ipproved plans. We can do so in full compliance with all plan notes and permit conditions. The permit, permit sign, and approved plans will :ie available at the site for inspection in accordance with General Condition No. 1. (Both signatures required)

PERMITEE: DATE ____________ _

CONTRACTOR: ________________ _ DATE _____ _______ _

THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT A.ND /OR ANY ASSOC/A TED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND 4.PPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE A.ND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENAL TIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS.

'.:;ut along this line :,<

NOTICE OF COMPLETION OF CONSTRUCTION

RETURN THIS FORM TO: COMPLIANCE Or Fax to: 631-444-0297 Bureau of Habitat- TW 50 Circle Road Stony Brook, NY 11790-3409

=>ERMIT NUMBER: ______________ EXPIRATION DATE: _____________ _

=>ERMITTEE NAME & PROJECT ADDRESS: ________________________ _

::;ONTRACTOR NAME & ADDRESS: ___________________________ _

_______________ TELEPHONE:. ____________________ _

=>ursuant to special conditions of the referenced permit, you are hereby notified that the authorized activity was completed on ____ _ -----~· We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required)

PERMITEE: _________________ _ DATE __________ _

CONTRACTOR: ________________ _ DATE __________ _

rHIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE

SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT.

95-20-1 (818Z)- 9d

Ne·w York State _D-~partment of Environmenta·1· Conservation w NOTICE

The Department of Environmental Conservation (DEC) has _issued permit(s) pursuant to . the· Environmental Conservation Law for work being conducted at this site. For' further information regarding the nature and · extent of work approved and any Departmental conditions on it, contact the Re-gional Permit Administrator listed below. Please .refer to · the permit number shown when ·contacting the DEC.

J-, /99-0oc~3 /4t:>oot)' Permit Number ~ ,-,: ·'5,( . . · c£ ~~~O.it Expiration Date , Regional Permi.t Administrator

ROGER EVANS

f

NOTE: This no~ice is. NOT a permit ·

THIS PAGE INTENTIONALLY LEFT BLANK

Facility DEC ID 1-4724-02019

DRAFT PERMIT

Under the Environmental Conservation Law (ECL)

Permit Issued To: Facility:

US DEPT OF THE ARMY MONTAUK HAMLET OCEAN BEACH

THE PENTAGON OCEAN BEACH FROM S EMERY ST TO

OCEANVIEW TER

WASHINGTON, DC 20310 MONTAUK, NY 11954

Facility Location: in EAST HAMPTON in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 756.985 NYTM-N: 4546.855

Latitude: 41°01'56.6" Longitude: 71°56'35.0" Project Location: Waterbody: Atlantic Ocean Authorized Activity: Conduct a dredging and beach nourishment project associated with the Downtown Montauk portion of the Fire Island Montauk Point (FIMP) Hurricane and Storm Damage Reduction project by hydraulically dredging sand from a new offshore Atlantic Ocean borrow area and placing approximately 500,000 cubic yards of sand beach fill along the Atlantic shoreline to restore a 6,000 foot long berm with a height of 8.5' NGVD, and is backed by a dune with a height of

15' NGVD.

Plant completed dune crest and seaward face with beach grass and install sand fencing.

Conduct a partial demolition of the pedestrian timber crossover at South Embassy Street and establish a Mobi-mat® vehicular access at South Essex Street and at South Edison Street.

All work shall be as depicted in the f drawings described in Natural Resource Permit Condition #1 and 2, prepared by USACE, sheets G-001, G-103, C-107, C-108, C-109, C-307, C-308, R-501, 100% Submission, dated 5/18/2023, all stamped “NYSDEC Approved” on __________________________.

Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4724-02019/00002

New Permit Effective Date: Expiration Date:

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

Permittee and Facility Information

Permit Authorizations

NYSDEC Approval

Permit Administrator:

NYSDEC Region 1 Headquarters SUNY @ Stony Brook|50 Circle Rd Stony Brook, NY 11790 -3409

Authorized Signature: Date / /

NATURAL RESOURCE PERMIT CONDITIONS

WATER QUALITY CERTIFICATION SPECIFIC CONDITION

GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS

1. Notice of Commencement At least 48 hours prior to commencement of 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. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work.

2. Notice of Maintenance Beach Placement Cycles: For future maintenance beach placement cycles, the permittee shall submit a Notice of Commencement prior to each beach placement occurrence, specifying the deposition site/s (including an updated site plan/s and proposed quantity of material to be dredged). Upon completion, a Notice of Completion of Construction specifying the amount of dredged material deposited at the approved deposition site/s must be submitted.

3. 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 USACE; sheets G-001, G-103, C-107, C-108, C- 109, C-307, C-308, R-501, 100% Submission, all stamped “NYSDEC Approved” on "

4. 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 the Project RTA Specifications dated May 2023, SECTION 01 56 10.00 18, ENDANGERED SPECIES

OBSERVERS (HOPPER DREDGES ONLY).

5. Measures to Protect Atlantic Sturgeon In order to protect federally listed Atlantic Sturgeon, in-water seabed disturbing activities authorized by this permit are prohibited between the dates May 1 and June 30 and September 1 and November 30th of each year.

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

NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: WATER QUALITY CERTIFICATION

Permit Components

7. No Side-casting or Temporary Storage: Dredged material shall be placed directly into the approved disposal/dewatering site or conveyance vehicle. No side-casting (double dipping) or temporary storage of dredge material is authorized.

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

9. Grade Borrow Area Side Slopes All side slopes of the borrow areas shall not exceed 1 vertical to 5 horizontal (1v : 5h).

10. Dredged Depth Survey Within 60 days of completion of the dredging operation at each borrow area, an as-dredged depth survey of the dredged area shall be submitted to

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

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

12. Grade Completed Beach Smooth Upon completion of the project, the permittee shall grade the beach berm nourishment area as necessary to ensure that the finished seaward slope conforms with the final slope depicted on the approved plans, and to remove wheel ruts, tire tracks, or any mounds, ridges or holes in excess of six (6) inches above or below the finished beach surface.

13. Use Only Clean, Beach Compatible Sand All material used to reconstruct or repair dunes and rebuild the beach must be clean, beach compatible (grain size equal to or slightly larger than the existing beach material) sand obtained from the offshore borrow area.

14. Restore Any Areas Disturbed By Construction Any areas of beach, dune or wetland disturbed by the activities authorized herein, such as the installation, relocation and removal of pipes, temporary sand stockpiles or the operation of staging and access areas must be restored to pre- project conditions upon completion of work.

15. Vegetate Dune: The newly constructed dune shall be planted with American beachgrass as described in the Dune Vegetation Plan, Section 32 94 00 in the Project RTA Specifications.

16. No Construction Debris on Beach or in Ocean Any debris or excess material from construction of this project shall be completely removed from the beach and taken to an approved upland area for disposal. No debris is permitted in the ocean, on the beach or outside of the project staging areas shown on the plans.

17. 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 linear feet from the tidal wetland boundary.

18. 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.

19. Sand Fill Requirements All material placed on the beach shall consist of clean sand, of grain size equal to or larger than the native beach sand at the project site. No organic soil, asphalt, slag, flyash, broken concrete or demolition debris is authorized. All material used to restore the beach berm must be clean, beach compatible (grain size equal to or slightly larger than the native sand at the site) sand from an off-site source.

20. 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.

21. 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.

22. 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 Corps of Engineers.

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.

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

WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS

GENERAL CONDITIONS - Apply to ALL Authorized Permits:

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.

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