Amend 3_00 31 32.06 18.pdf

PL 84-99 FIMI - Ocean Bay Park to Davis Park PL8499FIMI Amendment 03

SECTION 00 31 32.06 18

SPECIAL USE PERMIT

05/24

PART 1 GENERAL

1.1 DESCRIPTION

The Signed Special Use Permit attached.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section --

DOCUMENT 00 31 32.06 18 Page 1

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

SPECIAL USE PERMIT

Fire Island National Seashore

120 Laurel Street Patchogue, NY 11772

631-569-2100

Park alpha code: FIIS

Permit # 24-FIIS-052

Type of use:

☐ Special event

☐ filming or still photography

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

☐ Agricultural or grazing

☒Other: Construction

NEPA compliance:

☐Categorically excluded

☐EA/FONSI

☐EIS

☒PEPC # 116944

☐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:16 USC 459 e(b) (Fire

Island National Seashore Boundaries); 16 USC 459 e-6(a) (Fire Island National Seashore Conservation)

The Permittee is authorized to use the following described lands or facilities in Fire Island National Seashore: The federally owned tracts of land between Ocean Bay Park and Davis Park.

The Permittee may use those lands or facilities only for the following purpose: The work will restore eroded beach that spans 44,150 ft within the communities of Ocean Bay Park to Davis Park. In areas where a dune crest is less than 14 feet and/or berm elevation of less than 8 ½ feet, a dredge will pump material onto the beach via large pipes, and heavy machinery will grade it out. The project’s fill template with approximately 1.7 million cubic yards of sand obtained from previously used Atlantic Ocean Borrow Area 2C. The project also includes replacement of approximately 35,202 ft. of sand fencing, planting of approximately 31 acres of American Beach Grass (Ammophila breviligulata), repair of approximately 6-10 elevated timber dune crossover structures, and repair of approximately two vehicular crossovers.

This permit begins at 12:01 am on 7/15/2024 and expires at 11:59 pm on 3/31/2025.

Person on site responsible for adherence to the terms and conditions of the permit:

Adam Beckoff – 917-508-9102 Jaspreet Jaswal – 917-444-2781 Enrique Gambra – 631-469-1660 Kevin Merenda – 917-816-2545

Permittee information

Permittee name:

Allen Roos

Company/Organization:

US Army Corps of Engineers

Street address:

26 Federal Plz. Rm. 16-508-8

City:

New York

State:

NY

Country:

USA

Zip code:

10278

Mobile phone number:

917-790-8333

Fax number:

Email address:

Allen. D. Ross@usace.army.mil

SPECIAL USE PERMIT

Fire Island National Seashore 120 Laurel Street

Patchogue, NY 11772 631-569-2100

Application fee Received Not Required x Amount $ Waived_ Performance bond Received Not Required Amount $ Liability insurance Required x_ Not Required Amount $ See below Cost recovery Required x Not Required 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.

Permittee signature Title: Date:

Authorizing NPS official Title: Date:

Authorizing NPS official (additional, if required) Title: Date:

Deputy Chief, Real Estate Real Estate Contracting Officer 27 June 2024

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 Fire Island National Seashore 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.

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

8. The United States is self-insured for all purposes and is liable for the acts and omissions of its officers and employees pursuant to the terms of the Federal Tort Claims Act and other applicable statutory law. The Permittee, as a Federal Agent, takes all responsibility for the conduct of their contractor for the duration of this project.

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 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 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 on-site person(s) designated by the Permittee must have full authority to make all decisions about the permitted work or activities; must be reachable at all times; and is responsible for all persons or entities performing the permitted work or activities, including the Permittee’s contractors and subcontractors. USACE shall provide the National Park Service the winning contractor’s names and contact information of the designated person(s) in charge.

13. Nothing in this permit binds the National Park Service to expend in any one fiscal year any sum in excess of appropriations made by Congress or allocated by the National Park Service for the purpose of this permit, or to involve the National Park Service in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations. The Anti-Deficiency Act applies to both the NPS and the Permittee.

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 Permittee is responsible for ensuring that its officers, employees, representatives, agents, contractors, and subcontractors are familiar with this Permit and comply with its terms and conditions. All supervisory personnel working for the Permittee within the Permitted Area must carry a copy of this Permit, with at least one (1) copy of the Permit on site at all times. This Permit must be presented to NPS officials upon request. Failure to present this Permit may result in survey activities being immediately suspended.

20. NPS assessment of the environmental impacts of this Project and approval of this Permit is based on Permittee’s list of equipment and Permitted activities. The use of larger additional equipment must be approved by the Superintendent at least one week prior to use. Additional analysis of the impacts of such use and / or the addition of activities not described below may be required before such use is allowed.

• Equipment to be used is limited to the following:

o Dredging: 3 Dozers, 2 Loaders, Vibratory Roller / Compactor, Challenger, Sub-line o Crossover: Vibratory Roller / Compactor, Dozer, Truck, Crane, Pile Driving Rig o Support: 3Pick-up trucks for safety, quality control, and project management staff, Skid-mounted office trailers, Storage container, Skid mounted fuel tank, Skid mounted water tank, Spreader for seeding, Backhoe o Berm: Dump truck, Dozer

• Access to federal lands will be via waterborne transportation.

21. All activities on NPS land shall be confined to the minimum area necessary. The Permittee shall take preventive measures to ensure only minimal disturbance occurs in the Park. Permittee shall avoid collateral damage from Permitted activities to surrounding trees, including gashing of adjacent trees, and hang-ups of trimmed material on remaining trees. All impacted areas shall be restored. Upon completion of the project, the Permittee shall restore any damages to Park property caused by the Permittee or its contractors to the satisfaction of the Superintendent or her representative. Any NPS infrastructure damaged during the vegetation maintenance activities, including but not limited to trail footpaths, gates, and NPS boundary markers, shall be restored within fourteen (14) days of work completion. Permittee shall expeditiously repair at the Park’s direction and to the Park’s satisfaction any damage to the Park’s physical resources caused by or occurring incident to Permitted activities, or if repair is not possible, shall provide monetary compensation for the damages.

22. Wetlands: Measures shall be taken to minimize soil, plant root disturbance or any type of rutting. Permittee shall ensure care is taken to minimize disturbance to wetlands and shall not use heavy equipment in wetland areas.

23.Exotic and Invasive Plants: To reduce the spread of potential exotic or invasive species, all permittee equipment and hand tools that come into contact with Park soil shall be inspected and cleaned. Any equipment leaving the Park shall be re-cleaned before re-entry to the Park and project site.

24. Rare, threatened and endangered species, including habitat: Permittee shall ensure care is taken to not disturb any wildlife species (reptiles, migratory birds, raptors, or bats) found nesting or otherwise living in, or immediately nearby, worksites. Permittee shall notify the Park Biologist, Jordan Raphael – Jordan_Raphael@nps.gov / 631-569- 2569, of any wildlife discoveries or concerns.

25. Work areas shall be maintained in a sanitary condition at all times, and waste materials shall be disposed of promptly at an approved waste disposal site. Waste means all discarded matter including but not limited to human waste, trash, garbage, refuse, oil and petroleum products and ashes.

26. In the case of an OSHA-reportable injury, criminal incident, spill, or environmental emergency within the Permitted Area involving the Project, the Permittee or its officers, employees, representatives, agents, contractors, or mailto:Jordan_Raphael@nps.gov subcontractors, Park employees or visitors, the Permittee shall notify the NPS within two (2) hours of the event by contacting Dispatch at 1-800-543-4295. The Permittee must also submit to the Superintendent within forty-eight (48) hours a full written report of actions and corrections taken and submit a complete report including the resolution of the situation within ninety (90) days.

27. Permittee will need to prepare and send to the National Park Service a hazardous material spill control plan to be utilized for any and all equipment being used on the beach.

28. Permittee shall have no access on the Burma Road east of the Check Point.

29. The USACE will provide the National Park Service with a copy of the awarded contract.

30. No work will be authorized on National Park Service lands between March 15th and September 15th, 2025.

31. Work is authorized below mean high tide line in National Park Service jurisdictional waters (but not NPS lands) that are south of the Fire Island communities in accordance with the FIMP Biological Opinion.

32. The USACE will ensure that construction activities will follow the mitigations outlined in the USFWS Biological Opinion (BO). The permit holder will be responsible for any monitoring required by the BO and shall ensure that certified ecological monitors will monitor for the presence of any threatened and endangered species that may be in the project area (red knots, sea beach amaranth, piping plovers, etc.). on the beach within the project area and adjacent to communities. These monitors must notify the National Park Service immediately at 631-569-2100 (POC – Brendan Newell) if any threatened and endangered species are observed. The National Park Service and the permit holder shall coordinate a joint response which may include the installation of fencing, posted signs, and further monitoring. The permit holder is responsible for supplying materials related to protection of threatened and endangered species within the project area.

33. Technical details of dune construction regarding taper, slope, size and distance will be in accordance with the details specified in the U.S. Fish and Wildlife Biological Opinion dated October 14, 2014. Specifically:

a. Paragraph b, page 15 – Locations

b. Paragraph 1, 2, page 17-18 Dune taper dimensions

34. Work is authorized 20 feet south from the toe of the dune or 20 feet south from beach grass (Ammophila breviligata) extending from the dune. Working within this zone is only authorized for construction access and tapering of project features in accordance with approved plans and specification, not associated work such as staging, laying pipe, etc.

35. The permit holder must give the National Park Service via email, FIIS_checkpoint@nps.gov and FIIS_information@nps.gov a minimum of 48 hours notice prior to mobilization of the project.

36. Any change in contractor’s equipment list and vehicles must be approved by the National Park Service.

37. Fueling of vehicles and equipment shall take place off federal lands.

38. The National Park Service shall have the option to review and make necessary adjustments to permit conditions.

39. Contractors of the permittee must abide by the technical specifications as described in the biological opinion and the specifications as described in USACE Specifications document 1FB no. W912DS-24-X-00XX. In accordance with enclosed plan set entitled Fire Island Inlet to Moriches Inlet PL84-99 Rehabilitation Project Ocean Bay Park to Davis Park, Suffolk County, NY, dated (insert date), sheets G100 to C506.

mailto:FIIS_checkpoint@nps.gov mailto:FIIS_information@nps.gov

40. Permit holder shall ensure that the contractor is familiar with NPS policies and that the work will take place within a National Park unit that contains important cultural and natural resources. Ensure that the contractor(s) complies with the construction contract including plans, specifications, application permits and Project agreements. NPS will be notified of modifications to the construction contract(s).

41. Contractor selected by USACE must obtain general liability insurance against claims occasioned by the acts or omissions of the contractor, its employees, agents, and representatives while performing the work or conducting the activities authorized by this permit. The policy must be in the amount of $ 1 MILLION per occurrence and $ 3 MILLION aggregate; must be issued by a company licensed to do business and in good standing in New York; and must name the United States of America as an additional insured. The contractor must provide the Superintendent with a Certificate of Insurance with the proper endorsements before the permit’s effective date.

42. USACE shall invite NPS to attend the pre-construction conference, partnering meetings, and all other applicable construction contract meetings. The NPS shall be copied on all meeting minutes.

43. Permit holder shall ensure on-site direct supervision while work is proceeding. The NPS shall be notified of any changes of onsite USACE individual in charge including the name and contact information.

44. Should weather conditions, such as ice, snow, wind, and frozen bay, suspend ferry service, the permit holder shall ensure provisions exist to account for stoppage of work and extend contracts if necessary to allow the work to continue once ferry service resumes. The National Park Service will not lift its restrictions if the bay is impassable due to weather conditions, and USACE and its contractors are responsible for incorporating work stoppages into their plans.

45. The Permittee shall halt any activities and notify the Project Manager, Chief of Resource Management Brendan Newell at 631-569-2488 or Park law enforcement (see phone numbers above), immediately upon discovery of human remains, or archeological, paleontological, or historical findings. This could include findings on park land and findings in the obtained sand. Clearance to proceed shall only be allowed under the condition that if concealed archeological resources are encountered during project activities, all necessary steps will be taken to protect them. Permittee agrees and understands that all artifacts unearthed on Park property shall remain the property of the Park. See Exhibit C – Fire Island National Seashore’s Plan for Inadvertent Discoveries for additional requirements and instructions.

46. All work on Fire Island must adhere to piping plover closures. No work shall be done in restricted areas; this includes tapering onto federal tracts of land and to communities of Fire Island that are subject to closure (e.g. Cherry Grove, Point O’ Woods, Kismet, etc.). Any questions on closures should be directed to Fire Island National Seashore Biologist, Jordan Raphael, 631-275-8378.

Exhibit A - Maps and Plans (enclosed)

Exhibit B - Fire Island Biological Opinion 10.15.2014 – Pages 15, 17, 18

Exhibit C – Inadvertent Discoveries

Exhibit C – Fire Island National Seashore’s Plan for Inadvertent Discoveries

The following plan outlines procedures to follow if archaeological materials or human remains are discovered while working on NPS lands.

Note: It is important that the Permittee and any contractors understand their responsibilities and the requirements for inadvertent discovery.

What are cultural resources?

A cultural resource discovery could be prehistoric or historic. Examples include:

• An accumulation of shell, burned rocks, or other food related materials

• Bones or small pieces of bone,

• An area of charcoal or very dark stained soil with artifacts,

• Stone tools or waste flakes (i.e. an arrowhead, or stone chips),

• Clusters of glass, pottery, tin cans or bottles, logging or agricultural equipment

• Buried railroad tracks, decking, or other industrial materials

• Building foundations

When in doubt, assume the material is a cultural resource.

What do you do if you uncover a Cultural Resource?

Although an attempt will be made to locate and evaluate archaeological sites and/or components prior to Permitted activities, there is a potential that previously unidentified archeological sites, components, and/or human remains will be identified during Permitted activities. In the event that Permitted activities inadvertently discover a previously unidentified archeological site, component, and/or human remains all construction work will cease in the immediate area. Any willful destruction of the archeological site, component, and/or human remains can result in the prosecution of individuals under the Archeological Resource Protection Act of 1979 (16 U.S.C. 470), and other statutes that protect the Park’s cultural resources.

Step 1: Stop Work. If any employee, contractor or subcontractor believes that he or she has uncovered a cultural resource at any point in the project, all work within 50 feet of the discovery must stop. Work can continue in areas outside of the 50-foot area, as long as a subsequent inadvertent discovery does not take place. The discovery location shall be secured at all times.

The area of work stoppage will be adequate to provide for the security, protection, and integrity of the cultural resource. The Permittee (the responsible official on site) shall be responsible for taking appropriate steps to protect the discovery. Vehicles, equipment, and unauthorized personnel shall not be permitted to traverse the discovery site.

All artifacts are property of the United States federal government and should not be collected. Leave all cultural resources in place unless directed otherwise.

Step 2: Notify Park Staff. The Permittee (the responsible official on site) shall immediately notify Fire Island National Seashore Chief of Resource Management, Brendan Newell, at 631-569-2488 or acting Cultural Resource Program Manager, Elizabeth DeMaria, at 631-252-0984 (cell). If Brendan or Elizabeth cannot be reached, contact Archaeologist William Griswold at 267-463-3148, then contact Park Dispatch at 800-543-4295. No work shall continue in this area, until the archeological site, component, and/or human remains are evaluated by NPS to determine if it meets eligibility criteria of the National Register of Historic Places (NRHP). If the archeological site and/or component(s) are considered eligible to the NRHP, NPS will develop a plan, in consultation with the State Historic Preservation Officer (SHPO)/Tribal Historic Preservation Officer (THPO), to protect it or undertake a program of data recovery to mitigate the loss of important archeological data. The inadvertent discovery of human remains is considered below.

If the inadvertent discovery is made during projects without an Archeological Monitor on site, notify the Park Staff listed above. They will then notify the Northeast Region Archaeology Program (NRAP) for guidance.

If the inadvertent discovery is made during a project with an Archeological Monitor on site, the Monitor will notify Park Staff and NRAP. The monitor should then begin the documentation process so that consultation can begin.

Step 3: Follow Park Guidance. Appropriate Park Staff shall visit the site as soon as possible and consult with NRAP to determine if work can resume or if the project must be halted until further notice. If an NPS approved Archeological Monitor is on site, they must be notified of any discoveries and can determine if a work stoppage is required and any other appropriate actions to take.

The discovery of human remains, funerary objects and objects of cultural patrimony, will be treated in accordance with the Native American Graves and Repatriation Act (NAGPRA); 25 U.S.C. 3001.

In the event that human remains, likely funerary objects, or objects of cultural patrimony are discovered during the excavations, all work at that location shall stop immediately, the area shall be secured, and the Permittee (the responsible official on site) shall notify the Permit Manager immediately. See the names and phone numbers listed above for appropriate contacts. Consultation with the appropriate SHPO/THPOs and other interested Native American groups will be initiated and a determination as to the disposition of these remains and/or associated funerary objects will be determined in consultation with the SHPO/THPOs.

If human remains are found, all work in the area shall stop. Park Law Enforcement shall be notified to begin the determination if the remains are from a crime scene or are archeological in nature. The Park Superintendent will be notified according to NAGPRA requirements.

PL 84- 99 FI MI - Ocean Bay Par k t o Davi s Par k PL8499FI MI Amendment 03

LEFT BLANK I NTENTI ONALLY

DOCUMENT 00 31 32. 06 18 Page 2