BrownsCreek-AppvdWQC.pdf

June 22, 2023

Via Email (christian.j.provancha@usace.army.mil)

US Dept of the Army c/o U.S. Army Corps of Engineers, New York District Javits Federal Building 26 Federal Plaza, NY 10278-0090 Attn: Christian J. Provancha, Project Engineer

Re: DEC # 1-4728-01433/00005 Section 401 Water Quality Certification Browns Creek Federal Navigation Channel-Maintenance Dredging Browns Creek, Sayville

Dear Permittee:

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

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.

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 Environmental Analyst III

Enclosures KAK/file cc: NYSDEC Review Team

SCDPW

mailto:christian.j.provancha@usace.army.mil

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 1-4728-01433

PERMIT

Under the Environmental Conservation Law (ECL)

Permittee and Facility Information

Permit Issued To: Facility:

US DEPT OF THE ARMY BROWNS CREEK/GREAT SOUTH BAY

THE PENTAGON BROWNS RIVER RD

WASHINGTON, DC 20310 SAYVILLE, NY

Facility Application Contact:

CHRISTIAN J PROVANCHA

USACOE NY DISTRICT

26 FEDERAL PLZ RM 16-414

NEW YORK, NY 10278

(321) 501-6134

Facility Location: in ISLIP in SUFFOLK COUNTY Village: SAYVILLE Facility Principal Reference Point: NYTM-E: 663.039 NYTM-N: 4509.89

Latitude: 40°43'25.7" Longitude: 73°04'10.2" Authorized Activity: This Section 401 Water Quality Certification (WQC) authorizes the following activities, in accordance with the information and plans referenced in Condition Nos. 1 and 2 of this permit:

Conduct hydraulic maintenance dredging of shoaled areas of the Federal Navigation channel in Browns Creek/River and pump the resultant 35,000 cy of material to the existing diked disposal area located east of the creek on the east side of Browns River Road north of Bay Avenue.

The approved channel is 100 feet in width and approximately 4,800 feet long. The outer portion will be dredged to a maximum of -6' MLLW plus 2' overcut, and the inner portion will be dredged to a maximum depth of -4' MLLW plus 2' overcut. All work must be done as shown on the attached plans prepared by U.S. Army Corps of Engineers, pages 3 to 11 of 11, dated April 2023, all stamped "NYSDEC approved" on 6/22/2023.

Note: Wherever used in this permit, ECL refers to New York State Environmental Conservation Law and 6 NYCRR refers to Title 6 of the New York Code, Rules, and Regulations.

Permit Authorizations

Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4728-01433/00005 New Permit Effective Date: 6/22/2023 Expiration Date: 6/21/2033

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 Regional Permit Administrator Address: NYSDEC Region 1 Headquarters

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

Authorized Signature: ______________________________________ Date 6/22/2023

Distribution List

CHRISTIAN J PROVANCHA

Marine Habitat Protection

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

Site Plan 4/1/2023

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 consist of 8 pages of drawings prepared by U.S. Army Corps of Engineers, pages 3 to 11 of 11, dated April 2023, all stamped "NYSDEC approved" on 6/22/2023.

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

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 from January 1 to September 30, inclusive of each calendar year in order to protect the following species:

Finfish and Shellfish: June 1 to September 30 inclusive of each year

Winter Flounder: January 1 to May 31 inclusive of each year

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards for turbidity, toxic materials, and other deleterious substances. 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 fishing. This condition also ensures that waters remain suitable for fish, shellfish, and wildlife survival and propagation.

6. Inspect and Repair Diked Disposal Area Before dredging begins, the permittee shall inspect the diked spoil disposal area to confirm that it is structurally sound and ready to contain the dredged material. Any repairs to the diked area must be completed before dredging begins.

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.

7. Monitor Discharge Outfall in Creek The dredged material disposal site overflow weir and return water discharge must be configured so that water with the lowest possible turbidity is returned to the creek. The permittee must monitor the discharge outfall in the creek, and if a plume is observable, the discharge shall cease until the problem iscorrected.

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.

8. No Scour from Discharge Outfall The dredged material disposal site return water discharge outfall shall not scour or otherwise disturb tidal wetland vegetqation..

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.

9. No Construction Debris Any debris, trash, or excess material from construction of this project must be completely removed from the adjacent area (upland) and taken to an approved upland area for disposal. No debris is permitted in tidal wetlands and/or protected buffer areas.

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.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 1-4728-01433

10. 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 50 linear feet from the tidal wetland boundary.

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.

11. Dredge Material Only in Aproved Disposal Area All dredged material shall be disposed of in the approved upland site depicted in the approved plans and effectively retained so it will not enter any water body, tidal wetland, or protected buffer area.

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.

12. No Side-casting or Temporary Storage Excavated sediments shall be placed directly into the approved disposal site/dewatering site or conveyance vehicle. No side-casting (double-dipping) or temporary storage of excavated sediments is authorized.

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.

13. 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.

14. 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.

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.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 1-4728-01433

15. No Dredging Within 20 Feet of Marsh No Dredging shall occur within 20 linear feet of the seaward edge of the Intertidal Marsh.

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.

16. 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.

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

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

18. Maximum Two-foot Overcut There shall be a maximum two-foot overcut during the dredging operation.

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.

19. Dredged Depth Survey Within 60 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.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 1-4728-01433

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

20. 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.

21. 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.

22. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration.

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.

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;

Facility DEC ID 1-4728-01433

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.

NOTICE OF COMMENCEMENT OF CONSTRUCTION

RETURN THIS FORM TO: COMPLIANCE Or Fax to: 631-444-0272

Marine Habitat Protection - NYSDEC E-Mail: dec.sm.R1MHP-BEH@dec.ny.gov SUNY at Stony Brook 50 Circle Road

Stony Brook, NY 11790-3409

PERMIT NUMBER: __________________________________ EXPIRATION DATE: _________________________________

PERMITTEE NAME & PROJECT ADDRESS: _______________________________________________________________

CONTRACTOR NAME & ADDRESS: ______________________________________________________________________

_____________________________________ TELEPHONE: ___________________________________________

Dear DEC:

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 permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions. The permit, permit sign, and approved plans will be available at the site for inspection in accordance with General Condition No. 1. (Both signatures required)

PERMITTEE: _________________________________________ DATE_______________________________

CONTRACTOR: __________________________________________ DATE_______________________________

THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH

PERMIT CONDITIONS.

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NOTICE OF COMPLETION OF CONSTRUCTION

RETURN THIS FORM TO: COMPLIANCE Or Fax to: 631-444-0272 Marine Habitat Protection - NYSDEC E-Mail: dec.sm.R1MHP-BEH@dec.ny.gov 50 Circle Road Stony Brook, NY 11790-3409

PERMIT NUMBER: __________________________________ EXPIRATION DATE: _________________________________

PERMITTEE NAME & PROJECT ADDRESS: _______________________________________________________________

CONTRACTOR NAME & ADDRESS: ______________________________________________________________________

_____________________________________TELEPHONE: ___________________________________________________

Pursuant 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)

PERMITTEE: ____________________________________________ DATE___________________________

CONTRACTOR: _________________________________________ DATE___________________________

THIS 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.

Note: This notice is NOT a permit

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 Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC.

Permit Number:

Expiration Date:

Regional Permit Administrator

SHERRI AICHER

NYSDEC Region 1 Environmental Permits 50 Circle Road

Stony Brook, NY 11790-3409

Email: dep.r1@dec.ny.gov kllamiro Line kllamiro Line