Revised Attachment M.pdf

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

National Park Service

SPECIAL USE PERMIT

GATEWAY NATIONAL RECREATION AREA

210 New York Avenue Staten Island, New York 10305

718 354 4665

Park alpha code: GATE 1770

Permit # 1770-24-0515 STIS Maintenance Dredging of Great Kills Harbor, Federal Navigation Project Type of use:

☐ Special event

☐ filming or still photography

☐ Demonstration, sale or distribution of printed matter, etc.

☐ Agricultural or grazing

☒Other: Navigation Channel Maintenance

(Dredge) NEPA compliance:

☒Categorically excluded

☐EA/FONSI

☐EIS

☒PEPC 119941

☐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: Public Law 92-592

The Permittee is authorized to use the following described lands or facilities in Gateway National Recreation Area (Park): Access to portions of Crooks Point within the Great Kills section of the Staten Island Unit to conduct maintenance dredging of the designated navigation channel in Great Kills Harbor, consistent with the Great Kills Harbor Federal Navigation project (adopted in 1927 and modified in 1938), as more fully depicted in Attachment A hereto (Permitted Work Area). The Permittee may use those lands or facilities only for the following activities (Permitted Activity): Maintenance dredging, utilizing a floating plant dredge, of Great Kills Harbor, New York, (Federal Navigation Project) as more fully specified herein, and corresponding removal of the dredged materials from park boundaries. The proposed work will entail removal of critical shoals as well as the removal of approximately 200,000 cubic yards of material to depths of 10 feet below mean lower low water (MLLW) plus 2 feet of allowable over depth.

General maintenance dredging of the entire channel is not required. Only areas where shoaling has reduced the depth of the channel will require dredging.

The permit begins from date of signature and expires at 5:00 pm on 15 February 2025.

Application fee Received Not Required X Amount $ Federal Agency Performance bond Received Not Required X Amount $ N/A _______ Liability insurance Received Not Required X Amount $ N/A__________ Cost recovery Received Not Required X Amount $ _____________ Location fee Received Required Amount $ Other authorized fee Received Required Amount $

Permittee information

Permittee name:

US Army Corps of Engineers (Permittee)

Company/Organization:

US Army Corps of Engineers

Street address:

26 Federal Plaza Room 16-400

City:

New York

State:

New York

Country:

USA

Zip code:

10278

Mobile phone number:

917 572 8803

Fax number:

n/a

Email address:

Michael.J.Oseback@usace.army.mil

Issuance of the permit is subject to the below-listed general and park-specific terms and conditions. The undersigned hereby accepts this permit subject to those terms and conditions and agrees to be bound by them.

Michael J. Oseback, Title: Chief, Operations Date:

Permittee Support Branch, New York District U.S. Army Corps of Engineers

Jennifer T. Nersesian, Title: Superintendent, Date:

Authorizing NPS official GATE

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 Gateway National Recreation Area (Superintendent) 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.

06 JUNE 2024

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

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

9. 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 state; 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 the State of 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 Permittee designates Richard Fallarme (telephone: 917-359-2408) as the on-site person responsible for adherence to the Permit’s terms and conditions (the Project Lead). The on-site person must have full authority to make all decisions about the permitted work or Permitted Activities; must be reachable at all times; and is responsible for all persons or entities performing the permitted work or Permitted Activities, including the Permittee’s contractors and sub-contractors.

13. Nothing in this permit binds the National Park Service or the United States to expend in any one fiscal year any sum in excess of appropriations made by Congress or allocated by the National Park Service or the United States for the purpose of this permit, or to involve the National Park Service or the United States in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations.

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 Permitted Activities entail the following:

a. Removal of dredge materials from park lands situated at the tip of Crookes Point as depicted in Attachment

A from depths of 10 feet below mean lower low water (MLLW) plus 2 feet of allowable over depth where shoaling has reduced the depth of the channel, maintaining the authorized project dimensions.

b. Placement of the approximately 200,000 cubic yards of dredged materials in locations outside of the park for the purpose of remediation (see Attachment C - Historic Remediation Site (HARS).

• Use of the following equipment is authorized in connection with the Permitted Activity:

o Ocean: Floating dredge, 3-4 tug vessels, crew/survey vessel, multiple scows o Landside: Surveying equipment for intermittent use and vehicles as identified below.

20. The Permittee is responsible, at Permittees sole cost and expense, for providing staff sufficient to address and manage safety, enforcement, and site and resource protection necessary in connection with the permitted activities. Such measures include addressing overlaps or conflicts between visitor use and management of the authorized activity.

21. The Permittee acknowledges that NPS does not have resources to manage safety, enforcement, and protection considerations arising in connection with the permitted activity. The Permittee further acknowledges that US Park Police is not able to provide support for any enforcement action necessary in connection with Permittee’s activities or Permittee’s ability to manage safety or security necessary in connection with the authorized activity.

22. Prior to commencing Permitted Activities under this Permit, the Permittee shall provide the following:

a. A tentative schedule of work to be undertaken in the permitted area which must be provided not less than 2 weeks prior to commencement of work on NPS property. Schedule deviations and modifications must be provided to the following NPS POCs:

• Minka Sendich, Staten Island Unit Deputy Superintendent (718) 354-4663 or minka_sendich@nps.gov

• Patricia Rafferty, Manager, GATE Division of Resource Stewardship (631) 605-5680 or patricia_rafferty@nps.gov

b. A site safety and security plan that must be submitted for NPS acceptance prior to project initiation. The plan, once approved by NPS, must remain in place until the shoreline has stabilized after dredging is complete. This plan must:

i. restrict access to unsafe areas of the shoreline

ii. restrict access to other unsafe areas mailto:patricia_rafferty@nps.gov

iii. identify locations of fencing and other containment or restriction measures

iv. provide 24-hour monitoring of the shoreline from on board the vessel

v. provide 24-hour security at entrances to the work area at Great Kills

c. A post-dredging stabilization plan addressing post-dredge stability of the affected shoreline and any action required to ensure such stabilization is effective for NPS review.

23. The Permittee must provide NPS a written list of names, with phone numbers and email addresses, of its points of contact, including points of contact for the Permittee’s contractors related to Permitted Activities conducted in accordance with this Permit in the event those are not already identified among the following:

• Diveyesh Patel -- 917-246-8599

• Nicholas Emanuel – 917-790-8069

• Richard Fallarme -- 917- 359-2408

24. Minimum Site Management Requirements:

• Best management practices must be employed to prevent the loss of construction materials, debris, and sediment from entering the waterways.

• Seed-free straw bales must be deployed for sediment/erosion control.

• Vegetation may not be trimmed, removed, sprayed, or otherwise damaged outside of the dredging footprint or side slopes.

o If federal or state listed plants and/or native trees > 4" diameter (or American holly tree of any diameter) will be impacted, Permittee must provide a survey of any vegetation within the dredging footprint, including side slopes and Permittee will be solely responsible for developing a mitigation plan acceptable to NPS and corresponding state or federal agency.

o If trees greater that 4" dbh or any size holly will be impacted, then Permittee will provide tree replacement consistent with §5 Rules Governing Tree Replacement : NYC Parks (nycgovparks.org)

• Permittee, at Permittee’s sole cost and expense, is required to Install and maintain construction safety fencing, post signage for public safety, and post security staff to ensure public safety.

o Any fencing required in connection with the authorized activity must be erected prior to the start of dredge operations.

o The fenced area must remain closed to public and unauthorized personnel 24/7 until completion of the authorized activity and acceptance of the work by the Permittee.

o The Permittee shall post signs stating “Beach Closure Ahead. Do Not Enter - Unsafe Areas” at the following locations:

▪ The entrance to the trail leading to the beach from the parking lot at Crookes Point Road

▪ At trail entrances from the fishing parking area on the west side (harbor side) of Crookes

Point Road

▪ Points on all trails and paths on which further access is prohibited o The Permittee shall post signs containing the following warning: “Do Not Enter - Unsafe Areas” Along or in front of the dredge site fence line o NPS reserves the right to require Permittee to post additional signs at locations identified by NPS

• Use of supporting vehicles is limited to hard surface areas only which have been designated herein.

• Non-exclusive parking for project related vehicles is limited to the permit only paved lot identified in Attachment A.

• The maximum number of vehicles allowed in the designed parking area is limited to (4) security vehicles and (2) 4x4 vehicles at any one time.

• Use of vehicles on beaches or trails is prohibited.

• Permittee is required to have a spill-kit available on-site in connection with use of vehicles or machinery containing fuel or oil.

• Permittee is required to prevent, minimize, or mitigate to the satisfaction of NPS any impacts resulting from https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nycgovparks.org%2Frules%2Fsection-5&data=05%7C02%7Cmimi_berfield%40nps.gov%7C650ed4986db24460f37908dc7f273e72%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638525053745126128%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=JiC%2BD2xw4e5do9WGvMqLEExFBqUBe%2Be0NAgKnXea3vs%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nycgovparks.org%2Frules%2Fsection-5&data=05%7C02%7Cmimi_berfield%40nps.gov%7C650ed4986db24460f37908dc7f273e72%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638525053745126128%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=JiC%2BD2xw4e5do9WGvMqLEExFBqUBe%2Be0NAgKnXea3vs%3D&reserved=0 the activity.

25. In the event of a fuel or oil leak/spill, the Permittee shall immediately:

• Cease the Permitted Activity,

• Deploy spill containment measures, and

• Notify US Park Police (718-354-4700) and other authorities such as NYC DEP, NYS DEC, and EPA as appropriate, and provide corresponding notice to patricia_rafferty@nps.gov.

26. The Permittee and its contractors and subcontractors shall take adequate measures as directed and approved by NPS to prevent, minimize, and mitigate damage to Park resources during Permitted Activities pursuant to this Permit.

27. A NPS monitor may be present during work on NPS property.

28. The Permittee and its representatives, agents, contractors, and subcontractors must be apprised of, be familiar with, and comply with, the contents of this Permit. Permittee must retain a copy of this Permit on Site during all phases of the Permitted Activity.

29. This Permit does not grant any property rights, easements, rights-of-way, or any other interest in real property.

This Permit does grant USACE access to NPS property for the permitted activity listed on page 1.

30. Permittee must undertake Permitted Activities in a manner that minimizes impacts to vegetation outside of the dredging footprint and side slopes on NPS property. If impacts cannot be avoided, NPS approved in place and in-kind replacement of vegetation at Permittee’s cost and expense may be required. No vegetation outside of the dredging footprint and side slopes may be cut or destroyed by the Permittee or its agents without first obtaining approval from the NPS. Mitigation, as specified by the Superintendent, is required for any vegetation that must be removed in order to undertake the authorized activity. Use of pesticides or herbicides on Park lands is prohibited without prior written approval from the Superintendent.

31. In the event or discovery of threatened or endangered species, or archaeological, paleontological, or historical deposits are encountered, Permittee shall halt any Permitted Activities and immediately notify the Superintendent. If an inadvertent discovery is made of cultural material, architectural debris or foundations, or human remains, work in the area must stop and the Cultural Resources Program Manager be notified immediately at caridad_de_la_vega@nps.gov. In the event threatened or endangered species or an inadvertent discovery of cultural material, project Lead must immediately notify the National Park Service Resource staff immediately at patricia_rafferty@nps.gov.

32. Care must be taken not to disturb any wildlife species (reptiles, migratory birds, raptors, or bats) found nesting, hibernating, dormancy, or otherwise living in, or immediately nearby, worksites.

33. Any underground utilities located within the Permitted Area which are damaged or disrupted during construction or maintenance shall be immediately repaired or restored by the Permittee, at the Permittee’s cost and expense, and subject to NPS approval and oversight. This obligation shall survive the termination, expiration, suspension or revocation of this Permit.

34. Permittee shall take no action detrimental to the natural and cultural resources of the park. Any person who destroys, causes the loss to, or injures any park system resource is liable to the United States for response costs and damages resulting from such destruction, loss, or injury under Title 54 U.S.C. 100721 – 100725.

35. Use of any hazardous materials, other than fuel necessary to power related equipment, on Park lands is prohibited.

36. NPS requests the Permittee provide reports and other project related data (FGDC compliant metadata) to NPS in electronic format (excel, access or GIS) to patricia_rafferty@nps.gov. The request for such data includes collection and analysis resulting from any sampling and monitoring.

37. The Permittee shall not allow waste, dust, or erosion materials which may result from the permitted activities to enter natural or manmade water or sewer systems in or on parkland by either direct or indirect action of the Permittee. Any waste or erosion material entering onto parkland shall be removed and the affected property, to the extent practicable, cleaned, stabilized, or restored the day that this condition is discovered, at the direction, and to the satisfaction, of NPS. The Permittee shall take all necessary measures to prevent air, noise, and water pollution by any material and/or equipment used during this Permitted Activity.

38. Modifications to the Permitted Area are prohibited except as otherwise identified herein.

39. Any alterations to this Permit must be in writing and signed by the parties. Renewals, if any, will be subject to regulations existing at the time of any requests for renewal as such other terms and conditions deemed necessary to protect the public interest.

40. Permittee shall report any safety, enforcement, or protection response undertaken by the Permittee to the United

States Park Police dispatch at (718) 354-4700.

Attachment A: Proposed Work Plan

Lands and waters which are part of the Staten Island Unit of Gateway National Recreation Area

Approximate Work Area:

Figure 1

Figure 2

Figure 3 Figure 4

Attachment B: Shoaling

Attachment C: HARS Location e3comraf Image

Location 1

Location 2

Location 3

Location 4

Location 5

Location 6

Location 7