Amend 1 - 00 31 24.01 18 WQC Amend1.pdf

PERMIT MODIFICATION

August 6, 2024

Via Email Only

Peter Weppler, Chief Environmental Analysis Branch U.S. Army Corps of Engineers – Planning 26 Federal Plaza – Room 2151 New York NY 10278 0090

Re: DEC Permit #: 1-4799-00149/00001 Water Quality Certification (WQC) FIMP – Contract 4- Modification #1, Condition # 17

Dear Mr. Weppler:

The New York State Department of Environmental Conservation (DEC) has completed its review of the request to modify the above referenced Water Quality Certification (WQC) by providing limited relief from WQC special condition # 5, Dredging Prohibition Period to protect Atlantic Sturgeon, and to change the language in WQC special condition # 17, Manage Suitable Piping Plover Habitat.

As indicated in the attached comment letter, DEC staff strongly object to modifying special condition # 5, Dredging Prohibition Period to protect Atlantic Sturgeon, but have no objection to modifying special condition # 17, Manage Suitable Piping Plover Habitat, per your request. In accordance with the Uniform Procedures Regulations (6NYCRR Part 621) DEC has modified Special condition # to read as follows.

Special Condition # 17: Future Management Requirement for Piping Plover Nesting Habitat: It is the permittee's responsibility for the life of this Water Quality Certification to work with the landowners (can be as part of MAMP coordination) on which the authorized activities are conducted to require the implementation of the US Fish and Wildlife Service's Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the U.S. Atlantic Coast to Avoid Take under Section 9 of the Endangered species Act.

This letter is a modification to the original permit and must be available at the job site whenever authorized work is in progress. All other terms and conditions remain as written in the original permit.

Sincerely, Kevin Kispert File/ Enclosures Permit Administrator cc via e-mail: NYSDEC Review Team

Sincerely, FIRE ISLAND INLET TO MONTAUK POINT

Amendment 01

SECTION 00 31 24.01 18 Page 1

July 5, 2024

Peter Weppler, Chief Environmental Analysis Branch U.S. Army Corps of Engineers – Planning 26 Federal Plaza – Room 2151 New York NY 10278 0090

Re: DEC Permit #: 1-4799-00149/00001 Water Quality Certification (WQC) FIMP – Contract 4:

Cupsogue Beach to Westhampton Beach

Dear Mr. Weppler:

In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing the Water Quality Certification for the above project.

Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. This permit must be kept available on the premises of the facility at all times

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

Sincerely, Kevin Kispert file Permit Administrator Enclosures cc via e-mail: NYSDEC Review Team

NYSOPRHP

NYSDOS-Coastal Review Suffolk County Parks

K i Ki t

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SECTION 00 31 24.01 18 Page 2

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 1-4799-00149

PERMIT

Under the Environmental Conservation Law (ECL)

Permittee and Facility Information

Permit Issued To: Facility:

US DEPT OF THE ARMY FIMP CONTRACT 4

THE PENTAGON CUPSOGUE BEACH TO WESTHAMPTON

BEACH

WASHINGTON, DC 20310 WESTHAMPTON, NY

Facility Application Contact:

PETER WEPPLER

Usacoe Planning C/O Psc Mail Center 26 Federal Plz Rm 17-420

NEW YORK, NY 10278-0090

(917) 790-8634

Facility Location: In MULTIPLE TOWNS in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 696.972 NYTM-N: 4517.848

Latitude: 40°47'16.9" Longitude: 72°39'55.8" Authorized Activity: Conduct a dredging and beach nourishment project coupled with a Coastal Protective Feature (CPF) under Contract 4 of the Fire Island to Montauk Point (FIMP) Hurricane and Storm Damage Reduction project, by hydraulically dredging offshore borrow area 5b, and using 821,000 cubic yards of resultant material to provide beach and dune fill on the Atlantic shorefront Westhampton reach, and using 380,000 cy of resultant material to establish the Cupsogue Bayside Coastal Protective Feature (CPF). The constructed berm width for Cupsogue County Park, Pikes Beach and Westhampton is 150 ft with an elevation of 8.5 ft NAVD88. The proposed design dune for Cupsogue County Park, Pikes, and Westhampton has a crest width of 25 ft with 1v:5h slopes and a crest elevation of 14 ft NAVD88. The CPF is designed to help reestablish cross-island sediment transport and flood plain function.

All work must be done as shown on the attached 12-sheet set of drawings (100 %) prepared by USACE NewYork District, issue date June 14, 2024, all stamped "NYSDEC Approved" on 7/5/2024.

Permit Authorizations

Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4799-00149/00001 New Permit Effective Date: 7/5/2024 Expiration Date: 7/4/2034

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NYSDEC Approval

By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit.

Permit Administrator: KEVIN A KISPERT, Deputy Regional Permit Administrator Address: NYSDEC Region 1 Headquarters

SUNY @ Stony Brook|50 Circle Rd Stony Brook, NY 11790 -3409

Authorized Signature: ______________________________________ Date /

Distribution List

PETER WEPPLER

Marine Habitat Protection Marine Resources Flood Control and Coastal Erosion Wildlife

Permit Components

NATURAL RESOURCE PERMIT CONDITIONS

WATER QUALITY CERTIFICATION SPECIFIC CONDITION

GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS

Permit Attachments

Site Plan 6/14/2024 ok, NY 11790 -3409

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NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: WATER QUALITY CERTIFICATION

1. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work.

2. 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.

3. Required Drawing Submissions The permittee shall submit the following drawings or sets of drawings, in quadruplicate, to the Department for review and approval within the specified time frame below prior to work starting on the subject aspect of the project:

Project limits (i.e. station numbers or revised plan), plan view and cross-section drawing sets for the successive phases of the project must be provided for DEC review at least 30 days prior to construction start on each phase.

4. Prohibition Period to Protect Listed Species of Beach Nesting Shorebirds In order to protect state and federally listed species of beach nesting shorebirds such as the piping plover and least tern, activities authorized by this permit are prohibited between the dates April 1 and August 31 of each year.

5. Dredging Prohibition Period to protect Atlantic Sturgeon Dredging is specifically prohibited between May 1 to June 30 inclusive, and September 1 to November 30 inclusive, of each calendar year to protect Atlantic sturgeon.

6. Dredging Prohibition Period to Protect Spawning Shellfish and Finfish/Winter Flounder To protect spawning shellfish and finfish including winter flounder, dredging and in-water work in Moriches Bay is specifically prohibited between January 1 to September 30 inclusive of each calendar year.

7. Borrow Area Monitoring Requirement Within 90 days of the issuance of the Water Quality Certification, the permittee must develop and receive Department approval (MarineHabitat@dec.ny.gov) for a schedule of data collection tasks for each borrow area authorized herein consistent with the August 2014 "Borrow Area Monitoring Plan for NYSDEC WQC Requirements for New York State Coastal Restoration Projects Implemented Under Public Law 113-2, the Disaster Relief Appropriations Act."

The permittee shall submit an annual data report to the Department for review and approval to

MarineHabitat@dec.ny.gov.

Coastals@dec.ny.gov

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8. Dredge Plant Monitor Requirements The permittee shall employ appropriate monitoring and protection procedures for Atlantic Sturgeon, marine turtles and marine mammals on any and all dredges used to conduct the work authorized in this Water Quality Certification. These procedures are set forth in the attached 100% Project Specifications: Section 01 56 10.00 18. (Attached).

These Project Specifications address the following:

Monitoring Specifications for Hopper Dredges.

Sea Turtle Handling & Resuscitation.

Incident Report of Sea Turtle Take.

Incident Report of Atlantic Sturgeon Take.

Endangered Species Observer Program - Large Whale Observation Data

Copies of all dredge observer forms, incident report forms, and detailed season summary reports shall be submitted to the Department at MarineHabitat@dec.ny.gov

9. No Side-casting or Temporary Storage Excavated sediments shall be placed directly into the approved disposal site/dewatering site or conveyance vehicle. No side-casting (double-dipping) or temporary storage of excavated sediments is authorized.

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

11. Grade Borrow Area Side Slopes All side slopes of the borrow areas shall not exceed 1 vertical to 5 horizontal (1v : 5h).

12. Dredged Depth Survey Within 60 days of completion of the dredging operation at each borrow area, an as-dredged depth survey of the dredged area shall be submitted to the three addresses below:

Regional Habitat - TW NYSDEC Region 1 Headquarters SUNY @ Stony Brook - 50 Circle Rd.

Stony Brook, NY 11790-3409 Attn: Compliance

MarineHabitat@dec.ny.gov

Coastals@dec.ny.gov

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

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

Stony Brook, NY 11790-3409 Attn: Compliance

MarineHabitat@dec.ny.gov

Coastals@dec.ny.gov

14. Remove Visible Quarry Stone Near Groin 15 Prior to sand placement activities if there is visible quarry stone on the beach in the area near Groin 15, that stone must be removed from the beach and disposed of properly.

15. Properly Locate & Position Dredged Material Discharge Pipe The dredged material discharge pipe shall be located and positioned to prevent the scouring or damage of existing dunes and to prevent the direct placement of material seaward of the line of apparent high water. A diffuser shall be attached to the end of the discharge pipe.

16. Grade Completed Beach Smooth Upon completion of the project, the permittee shall grade the beach berm nourishment area as necessary to ensure that the finished seaward slope conforms with the final slope depicted on the approved plans, and to remove wheel ruts, tire tracks, or any mounds, ridges or holes in excess of six (6) inches above or below the finished beach surface. The grade of the finished beach must be suitable to support the nesting of piping plovers and least terns.

17. Manage Suitable Piping Plover Habitat To avoid adverse effects to Piping Plovers from recreational impacts associated with the nourished beach and the new Coastal Protective Feature (CPF), any suitable piping plover habitat created by work performed under this permit shall be managed in accordance with the USFWS Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the U.S. Atlantic Coast to Avoid Take under Section 9 of the Endangered Species Act.

18. Use Only Clean, Beach Compatible Sand All material used to reconstruct or repair dunes and rebuild the beach must be clean, beach compatible (grain size equal to or slightly larger than the existing beach material) sand suitable to provide nesting substrate for the piping plover and least tern.

19. Restore Any Areas Disturbed By Construction Any areas of beach, dune or wetland disturbed by the activities authorized herein, such as the installation, relocation and removal of pipes or booster pumps, temporary sand stockpiles or the operation of staging and access areas must be restored to pre-project conditions upon completion of work.

20. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to

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SECTION 00 31 24.01 18 Page 7 an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas.

Facility DEC ID 1-4799-00149

21. Storage Tanks Fuel or other chemical storage tanks shall be contained and located at all times in an area greater than 100 feet landward of the regulated wetland or water body. If the above requirement cannot be met by the permittee, then the storage areas must be designed to completely contain any and all potential leakage. Such a containment system must be approved by Department staff prior to equipment, machinery or tank storage within 100 feet of the wetland or water body.

22. 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 100 linear feet from the tidal wetland boundary.

23. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application.

Such approved plans were prepared by USACE NY District, 100 % Submission, dated 6/14/2024, stamped "NYSDEC Approved 7/5/2024.

24. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project.

WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS

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

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

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

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

GENERAL CONDITIONS - Apply to ALL Authorized Permits:

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

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

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

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

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

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

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

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

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

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 1-4799-00149

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

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

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

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

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

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

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NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS

Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee’s undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws.

Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.

Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit.

Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit.

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