B.08.03 AMD 05 SCN Enviornmental Considerations 19Dec24.pdf

Spring Creek North Ecosystem Restoration Project Queens & Brooklyn, New York

W912DS24B0015

Environmental Considerations Summary

This Environmental Considerations document is provided as part of the bid package for informational purposes. It outlines key environmental factors identified during regulatory compliance and permitting that may influence construction schedule, practices, material selection, site management and regulatory compliance. This document is not exhaustive and does not relieve bidders of their responsibility to conduct independent assessments, comply with applicable environmental regulations, or address unforeseen conditions.

1. ENVIRONMENTAL RESTRICTIONS ON CONSTRUCTION SCHEDULE

The environmental restrictions for this site, as depicted on the associated plans on Sheet G- 003, are reiterated below:

Timing Restrictions: Water Based Diamondback Terrapins Overwintering:

Restriction to remain in place between November 15th through April 30th. No In-Channel work may occur in this time frame.

Essential Fish Habitat:

Restriction to remain in place between January 15th through May 31st. No In-Channel work may occur in this time frame.

Timing Restrictions: Land Based Diamondback Terrapins Nesting:

Restriction to remain in place between June 1st through September 30th. Terrapin Nesting Habitat proximal to marshes and open water areas to be fenced off to prevent terrapin access.

Migratory Bird Nesting:

Restriction to remain in place between April 1st through September 30th. No Vegetation Clearing activities may occur in this time frame.

2. NYCDEC PERMIT NO. 2-9902-00110/00012 TIDAL WETLANDS, 00013 WATER QUALITY

CERTIFICATE, 00014 EXCAVATION & FILL IN NAVIGABLE WATERS

NATURAL RESOURCE CONDITIONS

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.

2. Conformance with Plans Addenda: The activities authorized by this permit must be in strict conformance with the following approved plans and/or submissions made as part of the permit application:

a. Project plans titled “Spring Creek North Ecosystem Restoration Project,” Sheet IDs G-001 through G-003, G-401 through G-402, B-001, B-101, B-601 through B-609, Environmental Considerations Summary

CD-101 through CD-108, CD-501 through CD-505, CE-105 through CE-108, CE- 501, CG-101 through CG-115, CG-200 through CG-201, CG-301 through CG-303, CG-401, CG-501, GC-100 through GC-108, GC-401, GC-501 through GC-507, GC- 601, LP-100 through LP-108, LP-401, LP-501 through LP-502, LP-601 through LP- 602, and V-101 through V-108 of 96 total sheets, prepared by US Army Corps of Engineers.

3. Notice of Intent to Commence Work: At least five (5) days prior to the start of work, the Permittee must complete and submit the “Notice of Intent to Commence Work” form to the following NYSDEC email address: r2.naturalresources@dec.ny.gov.

4. Notice of Completion of Work: Within ten (10) days of the completion of work, Permittee must complete and submit the Notice of Completion of Work form to the following NYSDEC email address: r2.naturalresources@dec.ny.gov.

5. 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.

6. Minimize Adverse Impacts to Wetlands, Wildlife, Water: All work must be performed in a manner which minimizes adverse impacts to wetlands, wildlife, water quality and natural resources.

7. Post-construction Photographs: Within 30 days of completion of construction of the work authorized by this permit, the Permittee shall submit multiple post-construction color photographs of the work area, taken from different angles to the following NYSDEC email address: r2.naturalresources@dec.ny.gov. The photographs must be of such size, detail and sharpness, and taken in such sequence that the photos clearly and completely depict the completed activities in such a manner that they enable an average viewer to make a compliance determination based solely of the photographs.

8. Annual Project Status Report: The permit holder must submit a written report of annual monitoring efforts, data and analysis by December 31 for a minimum of five (5) years following the completion of construction. This report must include (but is not limited to) monitoring of planting survival. The report must be submitted to the following NYSDEC email address: r2.naturalresources@dec.ny.gov. The Contractor is responsible for the first 2 years of monitoring following completion of construction.

9. Facility Registration: Prior to commencement of work, the facility must be registered with the NYSDEC Region 2 Division of Materials Management. To coordinate registration, contact Mahmoud Assi at mahmoud.assi@dec.ny.gov.

10. Best Management Practices: Best management practices will be employed to prevent the loss of construction materials, debris and sediments from entering the wetlands or waterways. Such practices may include, but are not limited to construction fencing, staked hay bales, silt fencing, floating platforms, netting, containment booms.

11. Dewatering: If sediments are to be dewatered into waterways, best management practices,including but not limited to settling basins and filtration bags, must be used to prevent sediments from being released into wetlands and/or navigable waters. If at any time during dewatering a visible sediment plume is apparent, all dewatering must cease and sediment controls must be repaired/replaced before dewatering is allowed to continue.

12. Contain Stockpile and Disturbed Areas: All disturbed areas where soil will be temporarily exposed or stockpiled for longer than one week shall be contained by a continuous line of staked hay bales/silt curtain (or other department-approved method) placed on the seaward side between the fill and wetland or protected buffer area. Tarps are authorized to supplement these approved methods.

13. Stabilize Disturbed Areas: All areas of soil disturbance resulting from this project shall be stabilized immediately following project completion or prior to permit expiration, whichever comes first. The approved methodologies are as follows:

a. Stabilization of the entire disturbed area with appropriate vegetation (grasses, etc.).

b. Stabilized as per specifications identified on approved plans.

c. Temporarily stabilized with straw mulch or jute matting or other similar natural fiber matting within 1 week of final grading. Temporary stabilization shall be maintained until a mature vegetative cover is established.

14. Demolition and Construction Debris: Should any demolition or construction debris fall into the waterway or enter the tidal wetlands, it must be removed immediately.

15. Disposal of Demolition and Construction Debris: All demolition and construction debris must be properly disposed of at a licensed facility.

16. Fill Material: All fill will consist of “clean” sand, gravel, or soil. The use of material such as asphalt, slag, fly-ash, recycled concrete aggregate (RCA), broken concrete, or demolition debris is strictly prohibited.

17. 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 thirty (30) linear feet from the tidal wetland boundary.

18. Prior Approval of Changes: If the Permittee desires to make any changes in construction techniques, species to be planted, the site plan, any mitigation plan, scheduling or staging of construction, or any other aspect of this project, the Permittee shall submit a written request to the Regional Permit Administrator to make such proposed changes and shall not make such changes unless authorized in writing by the Department.

19. Failure to Meet Permit Conditions: Failure of the permittee to meet all the conditions of this permit is a violation of this permit and grounds for an order to immediately cease the permitted activity at the project site.

20. No Interference With Navigation: There shall be no unreasonable interference with navigation by the work herein authorized.

21. 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.

3. NYCDEC PERMIT NO. S319723 STORMWATER POLLUTION PREVENTION PLAN

(SWPPP)

This is an environmental enhancement project that is approved for Erosion and Sediment Control ONLY. This project is in the Separately Sewered area and must be covered by the New York State Department of Environmental Conservation (NYSDEC) General Permit for Stormwater Discharges from Construction Sites

1-Project requires a NYSDEC tidal wetland permit that must be kept in the site logbook and available for inspectors.

2-Final stabilization requirements for all upland areas will be determined under the based on the cover type except the vegetation within the intertidal zone as identified in the NYSDEC Tidal Wetlands Permit (NYSDEC Permit No. 2-9902-00110/00012) that will be monitored under the requirements of that permit.

4. NATIONAL PARK SERVICE SPECIAL USE PERMIT- GATEWAY NATIONAL

RECREATON AREA: PERMIT # 1770-24-0828 JABA (PARK-SPECIFIC TERMS AND

CONDITIONS INCLUDED BELOW)

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 of Permit– Project Summary).

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

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

a. Enrique Gambra: Resident Engineer; Enrique.Gambra@usace.army.mil; (917)

790-6255

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

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

c. 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:

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

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

c. 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:

a. Cease the Permitted Activity,

b. Deploy spill containment measures, and

c. 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.

5. NYSDEC PRE-DETERMINED BENEFICIAL USE OF EXCAVATED MATERIALS REUSED

ON-SITE PURSUANT TO 6 NYCRR PART 360.12(c)(1)(iv)(a)

Based on a review of historical analytical data and anticipated excavation areas/depths, NYSDEC approved the use of a Pre-Determined Beneficial Use Determination (BUD) governing the on-site reuse of excavated material. Notable conditions of the Predetermined BUD include:

1. Excavated material may only be reused in upland areas out of the seasonal high groundwater table;

2. Excavated material reused on-site shall be capped with one foot of clean fill; and

3. No hazardous waste or petroleum contaminated materials shall be reused on-site.