Amenment 01 - USACE Special Use Permit _ Spring Creek North Restoration Project_Fully Executed.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 # 1770-24-0828 JABA Spring Creek North Ecosystem Restoration Project Type of use:

☐ Special event

☐ filming or still photography

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

☐ Agricultural or grazing

☒Other: Short Term-2501

NEPA compliance:

☒Categorically excluded

☐EA/FONSI

☐EIS

☒PEPC _121920_____

☐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): Permittee is authorized to access portions of the waters within Jamaica Bay near the mouth of Old Mill Creek/Betts Creek and the Belt Parkway Bridge of the Jamaica Bay Unit to conduct barge/pipeline activity, as more fully depicted in Attachment A hereto (Permitted Area). No access to NPS lands at Spring Creek is authorized.

The Permittee may use those lands or facilities only for the following activity (Permitted Activity):

A barge mounted slurry plant will be established over Old Mill Creek/Betts Creek south of the Belt Parkway. Using water from the adjacent creek, clean sediment delivered by barge would be slurried and pumped to the Project Area, located on NYC Parks property. The receiving scow/staging area will be anchored to the creek bottom using spuds (assumption is 4 vertical steel pipes). Spuds may be 16-24" diameter and are gravity driven into the bottom, it is anticipated that no hammering will occur during spud setting. The depth of the spud is ultimately dictated by the softness of the sediment. A floating pipeline system would be present from the receiving scow/staging area to the NYC Parks wetland. It is assumed that the construction contractor will utilize a 6-inch pipe to transport the slurry material to the site. The construction contractor may utilize an anchoring system along the length of the pipe to corral the floating pipe. The barge/ pump out barge and pipe-line system is assumed to be present at the mouth of Old Mill Creek/Betts Creek for approximately 100 working days (dependent upon Contractor’s schedule). Upon completion, spuds would be removed, and the affected area allowed to return to pre-construction conditions. (see Attachment A and Attachment B).

The permit begins December 2, 2024 and expires at 5:00 pm on March 31, 2027.

Application fee Received Not Required X Amount $ Federal Agency Performance bond Received Not Required X Amount $ N/A _______

Permittee information

Permittee name:

US Army Corps of Engineers (Permittee)

Company/Organization:

US Army Corps of Engineers

Street address:

26 Federal Plaza Room 17-420

City:

New York

State:

New York

Country:

USA

Zip code:

10278-0090

Mobile phone number:

917 620 2862

Fax number:

212 264 0961

Email address:

Peter.m.weppler@usace.army.mil

SPECIAL USE PERMIT

GATEWAY NATIONAL RECREATION AREA

210 New York Avenue

Staten Island, New York 10305 718 354 4665

Liability insurance Received Not Required X Amount $ Self Insured___ Cost recovery Received Not Required X 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 hereby accepts this permit subject to those terms and conditions and agrees to be bound by them.

Peter Weppler, Title: Chief, Environmental Date:

Permittee Analysis 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.

2 October 2024

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 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 Lisa Baron – (telephone: 646-385-1429) 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. Prior to commencing Permitted Activities under this Permit, the Permittee shall provide all contractor work plans and any stand-alone safety plan to NPS. This is for informational, planning, and monitoring purposes only.

20. The Permitted Activities entail the following requirements:

- No access to NPS lands at Spring Creek is authorized.

- The Spring Creek North Ecosystem Restoration Project includes the restoration of wetlands using Thin

Layer Placement (TLP) techniques. TLP methods require transport of up to 14,900 tons of sand to be delivered via barge. Bridge structures and existing bathymetry require a barge to arrive within Jamaica Bay and pump sand to a receiving scow and floating pipe system from a location at the mouth of Old Mill Creek/Betts Creek (see Attachment B – Project Summary).

- The contractor will determine specific means and methods of either Spray Application or Bleeder Pipe Application (see Attachment C – Description of Activities).

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

• Pump out Barge.

• Floating pipe system from pump out barge to Spring Creek North Wetlands for Thin Layer Placement of sand.

• Scow / tug transporting a total of 14,900 tons of sand to the project site.

22. NPS personnel to contact prior to commencing Permitted Activities on-site:

• Dave Taft, Jamaica Bay Unit Superintendent dave_taft@nps.gov or at (347) 539-0247

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

• CDR Jonathan Blonk, USPHS Public Health Officer/Team Supervisor

347.308.3014 or jonathan_blonk@nps.gov

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:

• Lisa Baron – USACE NYD (646) 385-1429, lisa.a.baron@usace.army.mil

• Clara Holmes – NYC Parks (917) 828-5621

• Other USACE Personnel - Including Construction Manager and team overseeing the construction of this restoration project:

o The Construction Management Team at the Metro East Resident Office:

▪ Enrique Gambra: Resident Engineer; Enrique.Gambra@usace.army.mil; (917) 790-6255

▪ Anika Dwyer: Construction Contract Officer’s Representative (COR);

Anika.a.dwyer@usace.army.mil; (646) 477-7766

▪ Anthony Jara: Alternate COR; Anthony.Jara@usace.army.mil; (718) 431-5974

• Construction Contractor - TBD Specific team will be provided prior to start of activity.

24. Minimum Site Management Requirements:

• Permittee is required to prevent, minimize, or mitigate to the satisfaction of NPS any impacts resulting from the activity.

• Use of supporting vessels is limited to areas only which have been designated herein.

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

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 and other authorities such as NYC DEP, NYS DEC, and EPA as appropriate, and provide corresponding notice to patricia_rafferty@nps.gov.

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

27. 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.

28. 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.

29. 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. The Permittee is required to abide by or implement the following resource protection measures:

a. Permittee must undertake Permitted Activities in a manner that minimizes impacts to areas beneath the spud barge.

b. If significant adverse effects to benthic or aquatic resources occur, NPS approved in place and in-kind replacement of disturbed sediments and marine vegetation at Permittee’s cost and expense may be required.

c. All work must be conducted consistent with USACE completed consultation and coordination completed for this project, including but not limited to: Section 7 of the Endangered Species Act, Essential Fish Habitat of the Magnuson-Stevens Act, and Section 6 of the National Historic Preservation Act.

d. All work must be conducted consistent with all federal and state permits obtained by USACE for this project, including but not limited to permitting requirements of the Clean Water Act.

30. 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. 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.

31. Care must be taken not to disturb any wildlife species found nesting, hibernating, dormancy, or otherwise living in, or immediately nearby, worksites.

32. Any underground utilities located within the Permitted Area which are damaged or disrupted during Permitted

Activities 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.

33. Permittee shall take no action detrimental to the natural and cultural resources of the Park.

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

35. 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.

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

a. This Permit does not include permission for activities outside the designated area unless specifically stated.

Permittee will comply with the designated area instructions issued and determinations made by NPS personnel. Equipment, materials, and all other supplies may be located only within the area approved by

NPS.

b. Permittee is responsible for providing and coordinating any site monitoring and security of the area authorized for use at Permittee’s cost and expense.

37. 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.

38. The Permittee shall ensure that all persons involved in preparing for or participating in the Permitted Activity, and all persons under its control, are informed of and comply with park rules and regulations, and all applicable state and federal laws. Those found to be non-compliant may be prohibited from further participation in the Permitted Activities without recourse.

39. The Permittee acknowledges the existing site conditions. Failure to acknowledge such conditions shall not free the Permittee of any obligation to restore the site to standards or conditions acceptable to NPS or to provide funds sufficient to adequately address same to NPS satisfaction.

40. Permittee shall provide all work plans which are not included herein to NPS for review and approval.

41. In the event of emergency Permittee shall notify United States Park Police dispatch at (718) 354-4700.

Attachment A: Permitted Area and Permitted Activity

Lands and waters which are part of the Jamaica Bay Unit of Gateway National Recreation Area

Figure 1

Attachment B: Project Summary

a. *Note: The assumed duration for the activities are working days not calendar days.

100 working days or approximately 5 months.

Attachment C: Description of Activities

It is envisioned that restoration of existing on-site wetlands would be accomplished via a Thin Layer

Placement (TLP) style operation with the goal of increasing the wetland elevations and filling areas of degraded wetland with hummock-hollow topography. This approach deviates from a traditional TLP project in that the source material would be imported, rather than dredged locally. The current approach assumes the following:

a) Imported fill material would be barged as close to the Project Area as possible (likely downstream of the Belt Parkway Bridge over Old Mill Creek/Betts Creek).

b) The contractor would establish a barge mounted slurry plant. Using water from the adjacent creek, the imported material would be slurried and pumped to the Project Area, located on NYC Parks property.

c) The contractor would hydraulically place the material over the marsh platform to bring it up to the targeted design elevations. This could include either of the application styles outlined below, but would be left to the selected contractor’s means and methods:

i) Spray Application:

1. An access road would be established along the wetland-upland perimeter of the wetlands, with spurs as needed to support spray application of the material.

2. The contractor would maneuver the spray applicator as needed to achieve targeted grades. It is assumed that the contractor can achieve targeted grades at a 60-foot radius from the sprayer.

ii) Bleeder Pipe Application:

1. An access road would be established along the centerline of the marsh (i.e., centered between the channel bank and the upland perimeter).

2. Material would be pumped up to the Project Area and would discharge at the end of the pipeline via roughly 100 feet of perforated pipe. The perforated pipe would be moved in arcs across the marsh platform as needed to achieve targeted grades.

d) The receiving scow/staging area will be anchored to the creek bottom using spuds (assumption is 4 vertical steel pipes). Spuds may be 16-24” diameter and are gravity driven into the bottom, it is anticipated that no hammering will occur during spud setting. The depth of the spud is ultimately dictated by the softness of the sediment.

e) A floating pipeline system would be present from the receiving scow/staging area to the wetland. It is assumed that the construction contractor will utilize a 6-inch pipe to transport the slurry material to the site. The construction contractor may utilize an anchoring system along the length of the pipe to corral the floating pipe.

f) The barge/ pump out barge and pipe-line system is assumed to be present at the mouth of Old

Mill Creek/Betts Creek for approximately 100 working days (dependent upon Contractor’s schedule).

Upon completion, spuds would be removed, and the affected area allowed to return to pre-construction conditions.