FINAL PERMIT NAN-2019-00193 (SIGNED).pdf

1145-2-303b (Bronx River/New York Harbor Foundation/Soundview Park Oyster Restoration)

ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

DEPARTMENT OF THE ARMY PERMIT

Permittee: New York Harbor Foundation, Inc.

Attn: Peter Malinowski 10 South Street, Slip 7 Battery Maritime Building New York, New York 10004

(212) 458-0800

Permit Number: NAN-2019-00193

Date Issued: _____________________

Issuing Office: U.S. Army Corps of Engineers, New York District

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: Construction of various native oyster cultivation structures within an approximately five-acre footprint. Within the five-acre footprint, installation of 250 gabion structures filled with native live oysters and shells over of an approximately 0.05 acre area. Each structure will measure two-foot-wide by 4.25-foot-long by two-foot-high. Additionally within the five-acre footprint, construction of shell mounds through the discharge of approximately 1,309 cubic yards of loose shell over an approximately 0.90 acre area.

All work shall be performed in accordance with the attached drawings, general conditions (1) through (6), special conditions (A) through (L) which are hereby made part of this permit, and the New York State Department of Environmental Conservation Permit No. 2-6007-00920/00003, incorporating the Section 401 Water Quality Certificate, which are hereby made a part of this permit.

Project Location:

Waterway: Bronx River

Address: (40.809631, -73.864302) Soundview Park, Borough of Bronx, Bronx County, City of New York, New York

Permit Conditions:

General Conditions:

1. The time limit for completing the work authorized ends on _____________________________.

June 25, 2020

June 25, 2023

PERMITTEE: New York Harbor Foundation, Inc.

PERMIT NO.: NAN-2019-00193

ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Conditions:

A. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

B. The permittee shall utilize best management practices to minimize turbidity during all in-water work activities as well as prevent construction materials, including debris, from entering any waterway to become drift or pollution hazards.

C. The permittee shall not place reef materials from January 15 to May 31 of each calendar year to minimize impacts to winter flounder early life stage essential fish habitat.

D. The permittee shall not place reef materials from March 1 to June 30 of each calendar year to minimize impacts to anadromous fish migrating to spawning areas in the Bronx River.

E. The permittee shall install the gabions and loose shell on the ebb tide at the convergence of the Bronx and East Rivers to minimize suspended sediment in the water column.

F. The permittee shall monitor reef structures to ensure gabions do not break apart and become hazards to wildlife, navigation, or Federal operations and maintenance of the waterways in accordance with the “Monitoring Plans and Protocols” (Enclosure 1).

G. The permittee shall ensure that shell mounds and gabion structures must remain within the authorized project boundary. If shell mounds or gabion structures move, the permittee shall ensure there is no encroachment closer than 650-feet from the authorized limits of the Bronx River, N.Y. Federal Navigation Project.

H. The permittee shall submit annual post-construction monitoring reports as specified in the

Monitoring and Adaptive Management Plan, titled “Monitoring Plans and Protocols” (Enclosure 1), for five years following project completion. These reports shall be submitted to the following address:

Chief, Eastern Section

New York District Corps of Engineers c/o PSC Mail Center

Regulatory Branch, 16-406 Jacob K. Javits Federal Building New York, New York 10278-0090

I. The permittee shall assume all liability for accomplishing the adaptive management/corrective work in accordance with the Monitoring and Adaptive Management Plan, titled “Monitoring Plans and Protocols” (Enclosure 1) should the New York District determine that the oyster gabion structure require relocation, become unstable, or pose a hazard to navigation. If the New York District does not find the adaptive management/corrective work satisfactory, an extension of the monitoring time may be required to cover any necessary corrections.

J. The permittee shall ensure that any vessels used in conjunction with this project must comply with the Port of New York anchorage ground regulations codified at 33 CFR 110.155, including paragraph (l)(11) regarding vessels that impede or obstruct vessel movements.

K. The permittee shall e-mail the following information to D1LNM@uscg.mil or faxed to (617)

223-8291, a minimum of fourteen days before starting operations to the First Coast Guard District for publication in the Local Notice to Mariners:

Date of submission

Name, Phone number and email address of project point of contact Company Name Type of Work Waterway and location where work will be done Latitude & Longitude of work area (Degrees, Minutes, Thousandths of seconds) Work Start & Stop dates Hours of Operation Equipment on scene Passing Arrangements/Time to move vessels to not impede navigation VHF Radio Channel monitored NOAA Chart Number for the area

L. The permittee shall notify the National Oceanic and Atmospheric Administration of the project completion and specifications so they may initiate the appropriate chart and Coast Pilot corrections. This shall be submitted online including a copy of the USACE permit at:

https://nauticalcharts.noaa.gov/charts/docs/charts-updates/Permit-Public-Notice.pdf

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. Code 403).

(X) Section 404 of the Clean Water Act (33 U.S. Code 1344).

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).

2. Limits of this authorization:

a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal project.

3. Limits of Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate.

You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.

(PERMITTEE) (DATE)

New York Harbor Foundation Peter Malinowski

This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.

(DISTRICT ENGINEER) (DATE)

FOR AND IN BEHALF OF

Thomas D. Asbery Colonel, U.S. Army District Engineer

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. A copy of the permit signed by the transferee should be sent to this office.

(TRANSFEREE) (DATE)

06/22/2020

MALLERY.CHRIS

TOPHER.S.12292

92230

Digitally signed by

MALLERY.CHRISTOPHER.S.1

229292230 Date: 2020.06.25 13:09:17 -04'00'

U S

A C

E F

IL

E

: N A

N -2

9-

3- E

S W

P ag e of

Ju ne

,2

A C

E F

IL

E

: N A

N -2

9-

3- E

S W

P ag e of

Ju ne

,2

A C

E F

IL

E

: N A

N -2

9-

3- E

S W

P ag e of

Ju ne

,2

A C

E F

IL

E

: N A

N -2

9-

3- E

S W

P ag e of

U S

A C

E F

IL

E

: N A

N -2

9-

3- E

S W

P ag e of

Ju ne

,2

A C

E F

IL

E

: N A

N -2

9-

3- E

S W

P ag e of

Ju ne

,2

A C

E F

IL

E

: N A

N -2

9-

3- E

S W

P ag e of

Ju ne

,2

A C

E F

IL

E

: N A

N -2

9-

3- E

S W

P ag e of

Ju ne

,2

A C

E F

IL

E

: N A

N -2

9-

3- E

S W

P ag e of

Ju ne

,2

A C

E F

IL

E

: N A

N -2

9-

3- E

S W

P ag e of

Ju ne

,2

A C

E F

IL

E

: N A

N -2

9-

3- E

S W

P ag e o f

Ju ne

,2

A C

E F

IL

E

: N A

N -2

9-

3- E

S W

P ag e o f

Ju ne

,2

04 24 2020

NOTICE OF INTENT TO COMMENCE WORK

Date: ____________________________

NYSDEC Natural Resources Attn. Habitat Supervisor N.Y.S.D.E.C Region 2 Office 47-40 21st Street Long Island City, N.Y. 11101

Re: NYSDEC Permit No. 2-6007-00920/00001 Billion Oyster Project – Soundview Park Oyster Habitat Restoration Project

Bronx, New York

Dear NYSDEC Natural Resources Supervisor:

In accordance with Natural Resource Condition 3 of the referenced permit, I hereby serve notice to commence work on ___________________________, 20____.

This is also to certify that, having read this entire permit, I am fully aware of and understand the general and natural resource conditions therein, and agree to comply with all such conditions further understand that prior to undertaking any modification to the subject work, I must seek and receive written approval of the NYSDEC Regional Permit Administrator.

Signature of Permittee Signature of Contractor

Name of Permittee (please print) Name of Contractor (please print)

Street Address of Contractor

City, State, & Zip Code of Contractor

Telephone Number of Contractor

WARNING

The permittee and his contractor (if any) are required to follow all permit conditions. Violations of the permit may lead to legal action, including the imposition of substantial monetary fines and corrective work.

cc: Environmental Permits

NOTICE OF COMPLETION OF WORK

Date: ____________________________

NYSDEC Natural Resources Attn. Natural Resources Supervisor N.Y.S.D.E.C Region 2 Office 47-40 21st Street Long Island City, N.Y. 11101

Re: NYSDEC Permit No. 2-6007-00920/00001 Billion Oyster Project – Soundview Park Oyster Habitat Restoration Project

Bronx, New York

Dear NYSDEC Natural Resources Supervisor:

In accordance with Natural Resource Condition 4 of the referenced permit, I hereby serve notice that the work allowed by the above referenced permit has been completed as of ___________________________, 20____, consistent with the requirements of the above referenced permit.

Signature of Permittee Signature of Contractor

Name of Permittee (please print) Name of Contractor (please print)

Street Address of Contractor

City, State, & Zip Code of Contractor

Telephone Number of Contractor cc: Environmental Permits Division of Water

2-

-0

/0

/3

1/

USACE FILE: NAN-2019-00193 ENCLOSURE 1

o

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, NEW YORK DISTRICT

JACOB K. JAVITS FEDERAL BUILDING

26 FEDERAL PLAZA

NEW YORK NEW YORK 10278-0090

CENAN-OP-R

IMPORTANT

This letter must be completed and mailed to the Regulatory Branch at the above address prior to commencement of any work authorized under the permit.

Permittee: ______________________________ Permit No. ___________________________

Date Permit Issued: ______________________ Expiration Date: ______________________

Waterway: ____________________________________________________________________

Project Location: _______________________________________________________________

Work will commence on or about: _________________________

Name, Address & Telephone Number of Contractor:

Signature of Permittee Date

Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or FAX to (212) 264-4260.

___________________ Place Stamp ___________________ Here

New York Harbor Foundation, Inc.

June 25, 2020 June 25, 2023

Bronx River

(40.809631, -73.864302) Soundview Park, Borough of Bronx, Bronx County, City of New York, New York

NAN-2019-00193

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, NEW YORK DISTRICT

JACOB K. JAVITS FEDERAL BUILDING

26 FEDERAL PLAZA

NEW YORK NEW YORK 10278-0090

CENAN-OP-R

IMPORTANT

This letter must be completed and mailed to the Regulatory Branch at the above address following completion or cancellation of work authorized under the permit.

Permittee: _ Permit No. __ __ _

Date Permit Issued: __________ _ Expiration Date: _______ ___

Waterway: __ ___ _

Project Location: ____ ___ __

Check and complete applicable item(s) listed below:

____ Work was completed on _________________________ ____ Work will not be performed on the project.

____ Deviation from work authorized in permit is explained below.

____ Other (explain) _______________________________________ __________

____ For dredging projects, list the volume of material dredged, and the amount placed at each disposal location (if more than one).

________ cubic yards placed at ____________________________ ________ cubic yards placed at ____________________________ ________ cubic yards placed at ____________________________

Signature of Permittee Date

Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or FAX to (212) 264-4260.

___________________ Place Stamp ___________________ Here

New York Harbor Foundation, Inc. NAN-2019-00193

Bronx River (40.809631, -73.864302) Soundview Park, Borough of Bronx, Bronx County, City of New York, New York

June 25, 2023June 25, 2020