NWP 5 NAN-2022-00634-EBR (signed).pdf

DEPARTMENT OF THE ARMY

NEW YORK DISTRICT, CORPS OF ENGINEERS

JACOB K. JAVITS FEDERAL BUILDING

26 FEDERAL PLAZA

NEW YORK, NEW YORK 10278-0090

REGULATORY BRANCH

SUBJECT: Permit Application File Number NAN-2022-00634-EBR by Rocking the Boat for Installation of a Seaweed Long-line at the Confluence of the Bronx and East Rivers in the Borough of Bronx, Bronx County, City of New York, New York

1. PERMITTEE:

Rocking the Boat Attn: Adam Green 812 Edgewater Road Bronx, New York 10474

(347) 717-4877

2. On April 20, 2022 the New York District of the U.S. Army Corps of Engineers received a request for Department of the Army authorization to construct a temporary seaweed long-line biofiltration system. Proposed work consists of deployment of four (4) 45-inch-wide by 52-inch-long anchors suspending two (2) 120-foot-long mooring rope lines approximately 20 linear feet parallel to each other. The mooring rope with affixed seaweed would be suspended approximately 3 feet below the surface secured to the anchor and buoy by approximately 25 feet of galvanized chain with a total project footprint of 6,000 square feet. The project is located at the confluence of the East and Bronx Rivers in the Borough of Bronx, Bronx County, City of New York, New York.

3. The specific applicant–provided details are as shown on the attached dated permit drawings.

4. This determination covers only the work described in the submitted material. Any major changes in the project may require additional authorizations from the New York District of the U.S. Army Corps of Engineers.

5. Based on the information submitted to this office and accomplishment of any required notification in accordance with the applicable federal requirements, our review of the subject work indicates that an individual Department of the Army permit is not required. It appears that the activities within the jurisdiction of this office could be accomplished under Department of the Army Nationwide General Permit Number 5 SCIENTIFIC MEASUREMENT DEVICES in accordance with Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). The nationwide permits are prescribed at Reissuance of Nationwide Permits in the Federal Register dated Federal Register dated December 27, 2021 (86 FR 73522). The subject work may be performed without further authorization from this office provided it complies with Number 5 SCIENTIFIC MEASUREMENT DEVICES; New York District regional conditions; the following work-specific Special Conditions listed below; and any applicable regional conditions added by the State of New York.

6. Other than the work-specific Special Conditions listed below, the 2021 nationwide general permits in the State of New York, including their final regional conditions, water

Installation of a Seaweed Long-line at the Confluence of the Bronx and East Rivers in the Borough of Bronx, Bronx County, City of New York, New York

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http://www.nan.usace.army.mil/Missions/Regulatory/Nationwide-Permits/

If you require a specific paper copy, please contact our Regulator-of-the-Day at 917-790- 8511 to request one be mailed to you. Please be sure to have the above eighteen-character file number readily available when you call.

7. Work-specific Special Conditions:

(A) The permittee, and their agents, shall take actions to prevent construction materials, including debris, from entering any waterway to become drift or pollution hazards.

(B) The permittee shall contact the appropriate state and local government officials to ensure that the subject work is performed in compliance with their requirements.

(C) The permittee shall sign and submit the attached compliance certification form to this office within 30 days of the completion of the regulated activity authorized by this permit and any mitigation work required by Special Condition.

(D) 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.

(E) The permittee shall remove the temporary structures no later than January 1, 2024.

8. This verification is valid until March 14, 2026, unless the nationwide general permits are modified, reissued, or revoked before then. This verification will remain valid until March 14, 2026, if the subject work activity complies with the terms of any subsequent modifications of the nationwide general permits. If the nationwide general permits are suspended, revoked, or modified in such a way that the subject activity would no longer comply with the terms and conditions of a nationwide general permit, and the proposed work activity has commenced, or is under contract to commence, the permittee will have twelve (12) months from the date of such permit action to complete the regulated work.

9. In order for us to better serve you and others, please complete our Customer Service Survey located at:

http://www.nan.usace.army.mil/Missions/Regulatory/CustomerSurvey.aspx http://www.nan.usace.army.mil/Missions/Regulatory/Nationwide-Permits/ http://www.nan.usace.army.mil/Missions/Regulatory/CustomerSurvey.aspx

Installation of a Seaweed Long-line at the Confluence of the Bronx and East Rivers in the Borough of Bronx, Bronx County, City of New York, New York

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10. Any inquires should be directed to our Regulator-of-the-Day at 917-790-8511. Please be sure to have the above eighteen-character file number readily available when you call.

William T. Bruno Project Manager, Eastern Section

Enclosures (2)

1. Dated Permit Drawings

2. Completion Form

NATIONWIDE GENERAL PERMIT

COMPLIANCE CERTIFICATION

AND REPORT FORM

Permit File Number: NAN-2022-00634-EBR Permittee: Rocking the Boat Location: Confluence of the Bronx and East Rivers in the Borough of Bronx, Bronx County, City of New York, New York

Date Permit Letter Issued: ____________________

Within 30 days of the completion of the activity authorized by this nationwide general permit and any mitigation required in the verification letter, please sign this certification and return it to the address at the bottom of this form.

Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the permit’s terms and conditions you are subject to permit suspension, modification or revocation.

I hereby certify that the work authorized by the above referenced nationwide general permit has been completed in accordance with the terms and conditions of said permit, and required mitigation was completed in accordance with the permit conditions.

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 (212) 264-4260.

DEPARTMENT OF THE ARMY

NEW YORK DISTRICT CORPS OF ENGINEERS

JACOB K. JAVITS FEDERAL BUILDING

ATTN: CENAN-OP-RE

NEW YORK, NEW YORK 10278-0090

PLACE

STAMP

HERE

USACE FILE: NAN-2022-00634-EBR

Date5_af_date: August 22, 2022