B.08.03_Attachment L – Water Quality Certificate Amendment 0001 8 May 2024.pdf

May 6, 2024

Via email only

U.S. Department of the Army C/o NY District Corps of Engineers Michael J. Oseback, Chief Operations Support Branch 26 Federal Plaza, Room 16-413 New York, NY 10278

Re: NYSDEC Permit # 1-4738-00995/0005 CWA Section 401 Water Quality Certification (WQC)

Mattituck Inlet & Navigation Channel, N end of Luthers Rd., Mattituck Maintenance Dredge Navigation Channel

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.

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.

Please note that the WQC specifies that the material for this 2024 dredge cycle will be taken from the portion of the channel south (landward) of the Sand Dredging Limit Line shown on the plans. If future cycles involve the portion of the channel north (seaward) of that line, the WQC has a condition requiring beach placement of compatible material. The WQC has a 10-year term with a requirement for revised plans in advance of any subsequent dredge cycles, and may also need to be modified depending on the scope of the dredging and proposed methods to be utilized.

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

Sincerely, Kevin Kispert Permit Administrator Enclosures KAK/file cc: NYSDEC MHP, CEM, DMR, Wildlife

NYSDOS

Town of Southold y, Kevin Kispert

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 1-4738-00995

PERMIT

Under the Environmental Conservation Law (ECL)

Permittee and Facility Information

Permit Issued To: Facility:

US DEPT OF THE ARMY MATTITUCK INLET, JETTIES & CHANNEL

THE PENTAGON NORTH END OF LUTHERS/BREAKWATER

RD TO SOUND AVE

WASHINGTON, DC 20310 SOUTHOLD, NY 11971

Facility Permit Contact:

US ARMY CORPS OF ENGINEERS - NY

DISTRICT

26 FEDERAL PLZ

NEW YORK, NY 10278-0090

(917) 790-8546

Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 705.281 NYTM-N: 4543.188

Latitude: 41°00'50.6" Longitude: 72°33'31.4" Authorized Activity: Conduct maintenance dredging via mechanical dredging of the shoals inside Mattituck Harbor Inlet and Navigation Channel to a depth of -7' MLLW plus 1' over depth, in order to maintain safe navigation. The initial dredge cycle involves removal of approximately 9,985 cy of silty material from the channel south of the “Sand Dredging Limit Line” as shown on the approved plans, which will be placed at an approved upland site.

All work must be done as shown on sheets 2 - 11 of the attached plans prepared by the US Army Corps of Engineers dated 11-3-2022, all stamped "NYSDEC approved" on 5-6-2024.

Permit Authorizations

Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-00995/00005 New Permit Effective Date: 5/6/2024 Expiration Date: 5/5/2034

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 / /

Distribution List

US ARMY CORPS OF ENGINEERS - NY DISTRICT

Marine Habitat Protection Flood Control and Coastal Erosion

KEVIN A KISPERT

Permit Components

NATURAL RESOURCE PERMIT CONDITIONS

WATER QUALITY CERTIFICATION SPECIFIC CONDITION

GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS

Permit Attachments

Site Plan 11/3/2022 ok, NY 11790 -3409

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 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 Dredging For maintenance dredging projects, the permittee shall submit a Notice of Commencement prior to each dredging occurrence, specifying the disposal site (including an updated site plan). Upon completion, a Notice of Completion shall be submitted to the address indicated on that notice form, including the amount of material dredged and deposited at the approved disposal site.

3. 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.

4. Prohibition Period for Fish, Shellfish, Birds To protect spawning finfish, shellfish and nesting shorebirds, including winter flounder and threatened and/or endangered species, no regulated activities may occur between January 1 and September 30, inclusive, of any calendar year.

5. No Dredging near Vegetated Tidal Wetlands During construction, the dredging operations shall not cause slumping of upland areas, and no dredging operations shall be conducted within 40 linear feet of the seaward edge of any vegetated tidal wetland.

6. No Construction Debris in Wetland or Adjacent 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.

7. 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.

8. Properly Locate & Position Dredge Material Discharge Pipe If hydraulic dredging is utilized, the dredge material discharge pipe shall be located and positioned to prevent scour or damage to dunes, bluffs, or banks, and located and positioned to prevent the direct placement of material seaward of the line of apparent highwater. A diffuser shall be attached to the end of the pipe.

9. Beach Compatible Dredged Materials on the Beach All dredged material taken from the inlet north (seaward) of the “Sand Dredging Limit Line” depicted on Page 4 of 11 of the approved plans shall be bypassed by placement above Mean High Water on the beach east of the inlet in the vicinity of Bailie’s Beach. If beach placement is done, upon completion of the project, the permittee shall grade the beach 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. The grade of the finished beach must be suitable to support the nesting of piping plovers and least terns.

10. Beach Incompatible (Silt) Dredged Materials Upland Disposal All dredged material taken from the inlet south (landward) of the “Sand Dredging Limit Line” depicted on Page 4 of 11 of the approved plans shall be placed at an approved upland site.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 1-4738-00995

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

12. Dredge Bucket Operation The bucket shall be lowered to the level of the barge gunwales prior to release of the load and placing the dredged material in the barge in a controlled manner. Excessive loss of material from the bucket should be investigated and repaired. Washing of the gunwales of the dredge scow shall be avoided except to the extent necessary to ensure the safety of workers.

13. Dredge Bucket Operations The bucket shall be lifted in a continuous motion through the water column and into the barge, disposal site or conveyance vehicle.

14. No Barge Overflow There shall be no barge overflow.

15. 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.

16. Restrict Spillage, Use Closed Bucket During the dredging operation, the permittee and his contractor shall prevent spillage of sediment during excavation and haulage. Dredging shall be accomplished with a clam shell or other closed bucket equipment or hydraulic dredge equipment.

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

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

19. Dredged Depth Survey Within 30 days of completion of the dredging operation, an as-dredged depth survey of the dredged area shall be submitted to the three addresses below:

Marine Habitat Protection NYDEC Region 1 Headquarters SUNY @ Stony Brook, 50 Circle Rd.

Stony Brook, NY 11790-3409 Attn: Compliance

MarineHabitat@dec.ny.gov

Coastals@dec.ny.gov

20. Annual Report The permittee must submit an annual report indicating the site, date, dredge volume, and characterization of dredged material (sand, gravel, etc.) by April 1 of the calendar year following each dredge event. The report must be submitted to the three addresses below:

Marine Habitat Protection NYDEC Region 1 Headquarters SUNY @ Stony Brook, 50 Circle Rd.

Stony Brook, NY 11790-3409 Attn: Compliance

MarineHabitat@dec.ny.gov

Coastals@dec.ny.gov

21. 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 US Army Corps of Engineers, sheets 2 - 11 dated 11-3-2022, all stamped "NYSDEC approved" on 5-6-2024.

22. 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 authorized project, as conditioned pursuant to the Certificate, complies with Section 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act, as amended and as implemented by the limitations, standards, and criteria of state statutory and regulatory requirements set forth in 6 NYCRR Section 608.9(a). The authorized project, as conditioned, will also comply with applicable New York State water quality standards, including but not limited to effluent limitations, best usages and thermal discharge criteria, as applicable, as set forth in 6 NYCRR Parts 701, 702, 703, and 704.

GENERAL CONDITIONS - Apply to ALL Authorized Permits:

1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3).

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

A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit.

2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination.

3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires.

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

Regional Permit Administrator NYSDEC Region 1 Headquarters SUNY @ Stony Brook|50 Circle Rd Stony Brook, NY11790 -3409

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

5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include:

a. materially false or inaccurate statements in the permit application or supporting papers;

b. failure by the permittee to comply with any terms or conditions of the permit;

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

d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit;

e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity.

6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership.

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS

Facility DEC ID 1-4738-00995

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.