B.08.03 Amendment 02 DRAFT_2023 SUP USACE Saltaire to Seaview Sand Placement.pdf

NPS Form 10-114 (Rev. 8/2021) National Park Service

SPECIAL USE PERMIT

Fire Island National Seashore

120 Laurel Street Patchogue, NY 11772

631-687-4750

Park alpha code: FIIS

Permit # 23-FIIS-024

Type of use:

☐ Special event ☐ filming or still photography ☐ Demonstration, sale or distribution of printed matter, etc.

☐ Agricultural or grazing ☒Other: Construction

NEPA compliance:

☐Categorically excluded

☐EA/FONSI

☐EIS

☒PEPC # 116944

☐Other

Authorizing legislation or other authority:

☒54 U.S.C. § 100101 ☒54 U.S.C. § 100751(a) ☒54 U.S.C. § 103104 ☐54 U.S.C. § 100905 (still photography) ☐Other authority:

☐Park-specific legislation:16 USC 459 e(b) (Fire Island National Seashore Boundaries); 16 USC

459 e-6(a) (Fire Island National Seashore Conservation)

The Permittee is authorized to use the following described lands or facilities in Fire Island National Seashore: The interstitial lands between Saltaire and Seaview.

The Permittee may use those lands or facilities only for the following purpose: In areas where a dune crest is less than 14 feet and/or berm elevation of less than 8 ½ feet, a dredge will pump material onto the beach via large pipes, and heavy machinery will grade it out.

This permit begins at 12:01 am on 9/15/2023 and expires at 11:59 pm on 3/01/2024.

Person on site responsible for adherence to the terms and conditions of the permit:

Jacob Koo – 646-717-2756 Divyesh Patel – 917-246-8599 Enrique Gambra – 631-469-1660

Application fee Received Not Required x Amount $ Waived_ Performance bond Received Not Required Amount $ Liability insurance Required x_ Not Required Amount $ See below Cost recovery Required x Not Required Amount $ See below____ Location fee Received Required _ Amount $ Other authorized fee Received Required Amount $

Issuance of the permit is subject to the below-listed general and park-specific terms and conditions. The undersigned

0BPermittee information Permittee name:

Allen Roos

Company/Organization:

US Army Corps of Engineers

Street address:

26 Federal Plz. Rm. 16-508-8

City:

New York

State:

NY

Country:

USA

Zip code:

10278

Mobile phone number:

917-790-8333 Fax number:

Email address:

Allen. D. Ross@usace.army.mil hereby accepts this permit subject to those terms and conditions and agrees to be bound by them.

Permittee signature Title: Date:

Authorizing NPS official Title: Date:

Authorizing NPS official (additional, if required) Title: Date:

General Terms and Conditions

1. The Permittee must perform the work or conduct the activities authorized by this permit in accordance with the permit’s terms and conditions and in accordance with all applicable federal, state, or local law, including the regulations in 36 C.F.R. chapter I; the regulations in 43 C.F.R. part 5; and all applicable workplace-safety and public-health orders, rules, and requirements. If the Permittee fails to do so, then the Superintendent of Fire Island National Seashore may immediately suspend or revoke this permit without notice.

2. The Superintendent may immediately suspend or revoke this permit without notice if destruction of, loss of, or injury to any park property or resource has occurred, is occurring, or appears imminent. In accordance with the System Unit Resource Protection Act, 54 U.S.C. §§ 100721-100725, any person that destroys, causes the loss of, or injures any park system unit resource will be liable to the United States for response costs and damages resulting from the destruction, loss, or injury.

3. The Superintendent may revoke this permit at any time after providing 24 hours’ written notice to the Permittee setting forth the reasons for the revocation.

4. If this permit is revoked for any reason or upon its expiration, the Permittee must repair all damage to park property or resources in accordance with the Superintendent’s direction and must restore the Permitted Area to its original, pre-permit condition.

5. The Permittee must obtain all federal, state, or local permits, licenses, inspections, or other reviews or approvals legally required to perform the permitted work or conduct the permitted activities.

6. This permit does not grant the Permittee exclusive use of the Permitted Area. Unless the Superintendent restricts public access to or closes the Permitted Area in accordance with 36 C.F.R. § 1.5, the Permitted Area will remain open to the public to the same extent that it is open to the public during regular park visiting hours, and the permitted work or activities may not unduly interfere with the public’s use and enjoyment of the Permitted Area.

7. This permit may not be transferred or assigned to another party without the Superintendent’s prior written approval.

8. The United States is self-insured for all purposes and is liable for the acts and omissions of its officers and employees pursuant to the terms of the Federal Tort Claims Act and other applicable statutory law. The Permittee, as a Federal Agent, takes all responsibility for the conduct of their contractor for the duration of this project.

9. If the Superintendent requires liability insurance as a condition of issuing this permit, then the Permittee must obtain general liability insurance against claims occasioned by the acts or omissions of the Permittee and its officers, employees, agents, representatives, and contractors while performing the work or conducting the activities authorized by this permit. The policy must be in the amount of $ N/A per occurrence and $ N/A aggregate; must be issued by a company licensed to do business and in good standing in New York and must name the United States of America as an additional insured. The Permittee must provide the Superintendent with a Certificate of Insurance with the proper endorsements before the permit’s effective date.

10. If the Superintendent requires a bond as a condition of issuing this permit, then the Permittee must deposit with the Park, before the effective date of this permit, a bond in the amount of $___N/A____ from a bonding company licensed to do business and in good standing in New York or in the form of cash or cash equivalent, to guarantee that all financial obligations to the Park will be satisfied.

11. As authorized by 54 U.S.C. § 103104 or 54 U.S.C. § 100905 and in accordance with other applicable law and policy, the National Park Service will recover all costs of providing necessary services associated with this permit, including the costs of administering the permit and monitoring the permitted work or activities. The National Park Service may bill the Permittee for either actual costs or estimated costs. Payment is due at the time of billing. If the National Park Service bills the Permittee for estimated costs, and actual costs exceed the estimated amounts, then the National Park Service will bill the Permittee for the excess. If the National Park Service bills the Permittee for estimated costs, and actual costs are less than the estimated amounts, then the National Park Service will refund the difference to the Permittee after the permitted work or activities have concluded and the permit has expired or been terminated. Under no circumstances will the National Park Service be liable for interest on any refunded amount.

12. The on-site person(s) designated by the Permittee must have full authority to make all decisions about the permitted work or activities; must be reachable at all times; and is responsible for all persons or entities performing the permitted work or activities, including the Permittee’s contractors and subcontractors. USACE shall provide the National Park Service the winning contractor’s names and contact information of the designated person(s) in charge.

13. Nothing in this permit binds the National Park Service to expend in any one fiscal year any sum in excess of appropriations made by Congress or allocated by the National Park Service for the purpose of this permit, or to involve the National Park Service in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations. The Anti-Deficiency Act applies to both the NPS and the Permittee.

14. If any provision of this permit is found to be invalid or unenforceable, the remaining provisions of this permit will not be affected and may be enforced to the full extent authorized by applicable law.

15. Use of the National Park Service Arrowhead Symbol is governed by 36 C.F.R. part 11. The Arrowhead Symbol is the official emblem and a registered trademark of the National Park Service. The National Park Service must authorize any use of the Arrowhead Symbol, including incidental use. Using the Arrowhead Symbol for advertising, promotional, or other commercial purposes is prohibited. Unauthorized use of the Arrowhead Symbol may subject an individual to criminal penalties under 18 U.S.C. § 701.

16. Approval of the special use permit does not constitute and should not be construed as a Government endorsement of the permittee's views, activities, products, goods, services, or enterprise. The permittee shall not refer to special use permits awarded by the National Park Service for commercial purposes, in advertising, or in a manner which states or implies that, by issuing the special use permit, the views, activities, products, goods, services, or enterprises undertaken pursuant to this permit are approved of or endorsed by the Government.

17. Credit Lines recognizing the NPS issuance of this permit may be approved through additional terms and conditions.

18. Federal regulations prohibit any person from knowingly giving false information on an application for a permit and from knowingly giving a false report for the purpose of misleading a government employee or agent in the conduct of official duties. 36 C.F.R. §§ 2.32(a)(3) and 2.32(a)(4). Any violation of those regulations will result in this permit’s immediate revocation.

Park-specific Terms and Conditions

19. The Permittee is responsible for ensuring that its officers, employees, representatives, agents, contractors, and subcontractors are familiar with this Permit and comply with its terms and conditions. All supervisory personnel working for the Permittee within the Permitted Area must carry a copy of this Permit, with at least one (1) copy of the Permit on site at all times. This Permit must be presented to NPS officials upon request. Failure to present this Permit may result in survey activities being immediately suspended.

20. NPS assessment of the environmental impacts of this Project and approval of this Permit is based on Permittee’s list of equipment and Permitted activities. The use of larger additional equipment must be approved by the Superintendent at least one week prior to use. Additional analysis of the impacts of such use and / or the addition of activities not described below may be required before such use is allowed.

• Equipment to be used is limited to the following: 4 Bull dozers, dredge pipe, welding equipment, Conex boxes for equipment storage, fuel tanks, dredge shacks, 2-wheel loaders with pipe grapple, towable light tower.

• Access to federal lands will be via waterborne transportation.

21. All activities on NPS land shall be confined to the minimum area necessary. The Permittee shall take preventive measures to ensure only minimal disturbance occurs in the Park. Permittee shall avoid collateral damage from Permitted activities to surrounding trees, including gashing of adjacent trees, and hang-ups of trimmed material on remaining trees. All impacted areas shall be restored. Upon completion of the project, the Permittee shall restore any damages to Park property caused by the Permittee or its contractors to the satisfaction of the Superintendent or her representative. Any NPS infrastructure damaged during the vegetation maintenance activities, including but not limited to trail footpaths, gates, and NPS boundary markers, shall be restored within fourteen (14) days of work completion. Permittee shall expeditiously repair at the Park’s direction and to the Park’s satisfaction any damage to the Park’s physical resources caused by or occurring incident to Permitted activities, or if repair is not possible, shall provide monetary compensation for the damages.

22. Wetlands: Measures shall be taken to minimize soil, plant root disturbance or any type of rutting. Permittee shall ensure care is taken to minimize disturbance to wetlands and shall not use heavy equipment in wetland areas.

23.Exotic and Invasive Plants: To reduce the spread of potential exotic or invasive species, all permittee equipment and hand tools that come into contact with Park soil shall be inspected and cleaned. Any equipment leaving the Park shall be re-cleaned before re-entry to the Park and project site.

24. Rare, threatened and endangered species, including habitat: Permittee shall ensure care is taken to not disturb any wildlife species (reptiles, migratory birds, raptors, or bats) found nesting or otherwise living in, or immediately nearby, worksites. Permittee shall notify the Park Biologist, Jordan Raphael – Jordan_Raphael@nps.gov / 631-687- 4750, of any wildlife discoveries or concerns.

25. Work areas shall be maintained in a sanitary condition at all times, and waste materials shall be disposed of promptly at an approved waste disposal site. Waste means all discarded matter including but not limited to human waste, trash, garbage, refuse, oil and petroleum products and ashes.

26. In the case of an OSHA-reportable injury, criminal incident, spill, or environmental emergency within the Permitted Area involving the Project, the Permittee or its officers, employees, representatives, agents, contractors, or subcontractors, Park employees or visitors, the Permittee shall notify the NPS within two (2) hours of the event by contacting Dispatch at 1-800-543-4295. The Permittee must also submit to the Superintendent within forty-eight (48) hours a full written report of actions and corrections taken and submit a complete report including the resolution of the situation within ninety (90) days.

mailto:Jordan_Raphael@nps.gov

27. 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.

28. Permittee shall have no access on the Burma Road east of the (west end) Check Point.

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

30. No work will be authorized on National Park Service lands between March 1st and September 15, 2024.

31. 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 631-687-4750 (POC – Jordan Raphael) 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.

32. Technical details of dune construction in regard to taper, slope, size and distance will be in accordance with the details specified in the U.S. Fish and Wildlife Biological Opinion dated October 14, 2014. Specifically:

a. Paragraph b, page 15 – Locations

b. Paragraph 1, 2, page 17-18 Dune taper dimensions

33. Work is authorized 20 feet south from the toe of the dune or 20 feet south from beach grass (Ammophila breviligata) extending from the dune. Working within this zone is only authorized for construction of project features in accordance with approved plans and specification (i.e. increased dune elevation, berm elevation and grading, revegetation of the dune), not associated work such as staging, laying pipe, etc.

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

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

36. Fueling of vehicles and equipment shall take place off federal lands.

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

38. Contractors of the permittee must abide by the technical specifications as described in the biological opinion and the specifications as described in USACE Specifications document 1FB no. W9912DS.

39. Vegetation may be planted on the dune once constructed but must be in accordance with project specifications as defined in condition 39 of this permit.

40. Permit holder shall ensure that the contractor is familiar with NPS policies and that the work will take place within a National Park unit that contains important cultural and natural resources. Ensure that the contractor(s) complies with the construction contract including plans, specifications, application permits and Project agreements. NPS will be notified of modifications to the construction contract(s).

41. Contractor selected by USACE must obtain general liability insurance against claims occasioned by the acts or omissions of the contractor, its employees, agents, and representatives while performing the work or conducting the mailto:FIIS_checkpoint@nps.gov mailto:FIIS_information@nps.gov activities authorized by this permit. The policy must be in the amount of $ 1 MILLION per occurrence and $ 3 MILLION aggregate; must be issued by a company licensed to do business and in good standing in New York; and must name the United States of America as an additional insured. The contractor must provide the Superintendent with a Certificate of Insurance with the proper endorsements before the permit’s effective date.

42. USACE shall invite NPS to attend the pre-construction conference, partnering meetings, and all other applicable construction contract meetings. The NPS shall be copied on all meeting minutes.

43. Permit holder shall ensure on-site direct supervision while work is proceeding. The NPS shall be notified of any changes of onsite USACE individual in charge including the name and contact information.

44. Should weather conditions, such as ice, snow, wind, and frozen bay, suspend ferry service, the permit holder shall ensure provisions exist to account for stoppage of work and extend contracts if necessary to allow the work to continue once ferry service resumes. The National Park Service will not lift its restrictions if the bay is impassable due to weather conditions, and USACE and its contractors are responsible for incorporating work stoppages into their plans.

Maps and Drawings

Fire Island Biological Opinion 10.15.2014 – Pages 15, 17, 18

Permittee information