Specifications_00 90 02_AM0001.pdf

Maintenance Dredging of NY Harbor, Sandy Hook Channel, NJ FNP SHC25

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 90 02

FCD / WATER QUALITY CERTIFICATE

08/25

PART 1 GENERAL

1.1 SUBMITTALS

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

3.1.1 FCD / WATER QUALITY CERTIFICATE(S)

3.1.2 National Park Service Special Use Permit

-- End of Section Table of Contents --

DOCUMENT 00 90 02 Page 1

Maintenance Dredging of NY Harbor, Sandy Hook Channel, NJ FNP SHC25

SECTION 00 90 02

FCD / WATER QUALITY CERTIFICATE

08/25

PART 1 GENERAL

Not Used.

1.1 SUBMITTALS

Not Used.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.1 DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

The following attachments have been provided for reference to the bidder for use in performing the contract requirements.

3.1.1 FCD / WATER QUALITY CERTIFICATE(S)

The New Jersey Department of Environmental Protection (NJDEP) Federal Consistency Determination/Water Quality Certificate (FCD/WQC) for the maintenance dredging of New York Harbor, Sandy Hook Channel, NJ Federal Navigation Project with subsequent placement at SBOBA is enclosed.

The contractor must comply with all conditions of the Water Quality Certificate(s).

A copy of the NJDEP FCD/WQC(s) shall be displayed in a highly visible location on the dredge at all times for the duration of the project.

An amendment for stockpile placement is pending and will be included in the solicitation once made available. Stockpile placement cannot occur without the WQC amendment or NJDEP concurrence. The contractor must comply with any additional conditions within the WQC amendment.

3.1.2 National Park Service Special Use Permit

The National Park Service Special Use Permit (SUP) for this maintenance dredging cycle of Sandy Hook Channel is enclosed.

The contractor must comply with all conditions of the National Park Service SUP.

-- End of Section --

DOCUMENT 00 90 02 Page 2

May 29, 2024

Michael J. Oseback Chief, Operations Support Branch US Army Corps of Engineers 26 Federal Plaza Jacob K Javits Federal Building New York, New York 10278-0090

RE: Project Description: Federal Consistency Determination/Water Quality Certificate

File and Activity No.: 0000-01-1008.2 CDT240001 Applicant: Army Corps of Engineers – New York District Project: Sandy Hook Federal Navigation Channel

Dear Mr. Oseback:

This letter is issued in response to your request, received on March 27, 2024, for a Federal Consistency (FC), as per Section 307 of the Federal Coastal Zone Management Act (16 USC 1451 et seq.), and Water Quality Certification (WQC) as required by Section 401 of the Federal Clean Water Act (33 USC 1251 et seq). The request included the specifications for the maintenance dredging of critical shoals in the Sandy Hook Federal Navigation Channel on plans cited below. The proposed maintenance dredging would remove approximately 200,000 cubic yards (CY) of material (approximately 99% sand) to a depth of -35 feet mean lower low water (MLLW) plus 2 foot of allowable overdredge, with placement at the Sea Bright Offshore Borrow Area (SBOBA). This Federal Navigation Project was last dredged in 2023 and involved the removal of 179,000 CY with placement at the SBOBA.

Federal Consistency and Water Quality Certification

The Coastal Zone Management Rules (N.J.A.C. 7:7) constitute New Jersey’s enforceable policies under its federally approved Coastal Zone Management Program. The Maintenance Dredging of the Sandy Hook Federal Navigation Project has been reviewed under the following Coastal Zone Management Rules:

Finfish migratory pathways (7:7-9.5), Navigation Channels (7:7-9.7), Ports (7:7-9.11), Submerged Infrastructure Routes (7:7-9.12), Historic and Archaeological Resources (7:7-9.13), Endangered or threatened wildlife or plant species habitats (7:7-9.36 ), Maintenance dredging (7:7-12.6), Dredged material placement on land (7:7-15.12), Marine Fish and Fisheries (7:7-16.2), and Water Quality (7:7-16.3). Based on the materials submitted within the subject federal consistency request, the Department has CONDITIONALLY determined that the dredging of this Contract is consistent with the Coastal Zone Management Rules and New Jersey’s federally approved Coastal Management Program.

New Jersey is an Equal Opportunity Employer l Printed on Recycled Paper and Recyclable

PHILIP D. MURPHY DEPARTMENT OF ENVIRONMENTAL PROTECTION SHAWN M. LATOURETTE

Governor Commissioner

TAHESHA L. WAY

Lt. Governor

New Jersey is an Equal Opportunity Employer l Printed on Recycled Paper and Recyclable

Watershed & Land Management Program Mail Code 501-02A

P.O. Box 420 Trenton, New Jersey 08625-0420 www.nj.gov/dep/landuse

Provided that the following conditions are met, the Department has determined that this project is not likely to cause a violation of New Jersey’s Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.).

Therefore, this determination includes the State’s Water Quality Certification pursuant to Section 401 of the federal Water Pollution Control Act (33 USC 1251 et seq.) subject to the following conditions. It is noted that this Water Quality Certificate is valid for a term of five years and expires five years from the date on the first page of this determination.

PROJECT SPECIFIC CONDITIONS:

1. Dredged material shall be placed deliberately in the barge in order to prevent spillage of material overboard.

2. All in-water work is prohibited from March 1 through June 30 to protect spawning and migrating anadromous fish.

3. As per a requirement of the United States Fish and Wildlife Service’s (USFWS) Programmatic Biological Opinion, at least 75 days prior to dredging, the Corps shall initiate a Tier 2 consultation with the USFWS and receive the Tier 2 formal consultation letter prior to conducting this work.

4. The contractor shall immediately inform NJDEP, Division of Land Resource Protection (DLRP) of any unanticipated adverse effects on the environment not described in the application or in the conditions of this permit.

5. All necessary local, Federal, and other State approvals must be obtained by the applicant prior to the commencement of the herein-permitted activities.

6. The following depuration plants shall be notified via certified mail 30 days prior to dredging:

JT White Shellfish Plant, 76 5th Street, Highlands, NJ 07732 Clean Water Clam Company, 140 Ocean Avenue, Sea Bright, NJ 07760

7. The gunwales of the dredge scows shall not be rinsed or hosed during dredging except to the extent necessary to ensure the safety of workers maneuvering on the dredge scow.

8. The ACOE shall notify the DLRP in writing at least 60 days prior to removing material from the SBOBA for beach replenishment, and additional authorizations may be required from DLRP for removal/placement of the material. Notification shall include the following:

-Hydrographic survey showing the area and volume of material to be removed; and

-Plan showing location of material placement.

9. REPORTING REQUIREMENTS: Within six months of the completion of this contract, the ACOE shall submit the following information to the Department:

-Start and finish date of contract; and

-Post-dredge hydrographic survey.

10. All reports/forms that are required to be submitted to the Department shall be submitted to the following address:

New Jersey Department of Environmental Protection Division of Land Resource Protection

Office of Dredging and Sediment Technology P.O. Box 420, Mail Code #501-02A

Trenton, NJ 08625-0420 Attention: Jeffrey Thein

APPROVED PLAN:

The drawing hereby approved consists of one (1) sheet dated February 1, 2024 and entitled:

NEW YORK HARBOR

SANDY HOOK CHANNEL

“PLANS & SPECS SURVEY”, drawing number VH-103

If you have any questions regarding this letter, please contact Jeff Thein by email at jeff.thein@dep.nj.gov.

Please reference the Division’s file number in all communication.

Sincerely, Colleen Keller, Assistant Director Division of Land Resource Protection

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

SPECIAL USE PERMIT

GATEWAY NATIONAL RECREATION AREA

210 New York Avenue Staten Island, New York 10305

718 354 4665

Park alpha code: GATE 1770

Permit # 1770-25-0623 SAHO Surveying Activities and Maintenance Dredging of NY Harbor, Sandy Hook Channel, NJ Federal Navigation Project Type of use:

Special event ☐ filming or still photography ☐ Demonstration, sale or distribution of printed matter, etc.

☐ Agricultural or grazing

Other:

NEPA compliance:

Categorically excluded

EA/FONSI

☐EIS

PEPC

Other DRM Review on record

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: P.L. 92-592

The Permittee is authorized to use the following described lands or facilities in Gateway National Recreation Area (Park): Sandy Hook North Tip “False Tip” as depicted in the map in Attachment A hereto (Permitted Area).

The Permittee may use those lands or facilities only for the following purpose (Permitted Activity): Maintenance dredging required to alleviate effects of sand shoaling and restoration of an authorized dredging channel which will entails the removal of approximately 200,000 cubic yards of material to authorized channel depth of -35 feet below mean lower low water (MLLW), plus 2 feet of allowable over depth and removal of dredge material for placement at predetermined locations off the coast of Sea Bright, NJ known as Sea Bright Offshore Borrow Area (SBOBA), other locations beyond Department of the Interior properties, and/or stockpiled in a park approved location to be identified at a later time, for beneficial use by the park. The activity will entail recovery of the beach shoreline after dredging operations have ended and conducting red knot (Calidris cantutus rufa) surveys required by the USFWS Biological Opinion. The activity may entail non-invasive topographic and bathymetric surveys necessary to support planning for and evaluation of the dredging operations.

General maintenance dredging of the entire channel is not required. Only areas where shoaling has reduced the depth of the channel will require dredging. To ensure safety an area no less than 50 yards from the dredge location will be closed to access of visitors (maps attached).

Permittee is responsible for monitoring all contractors and sub-contractors in conjunction with this permit, any monitoring undertaken by NPS will result in additional cost recovery charges.

Permittee information Permittee name:

Michael J. Oseback (Permittee)

Company/Organization:

US Army Corps of Engineers

Street address:

26 Federal Plaza Room 16-400

City:

New York

State:

New York

Country:

USA

Zip code:

10278

Mobile phone number:

917 572 8803 Fax number:

n/a

Email address:

Michael.J.Oseback@usace.army.mil

The permit begins from date of signature and expires at 5:00 pm on February 28, 2026.

Application fee Received Not Required X Amount $_____________ Performance bond Received Not Required X Amount $ N/A Liability insurance Received X Not Required Amount $ Self-insured Cost recovery Received X Not Required Amount $ 174,375.14 (LE) Amount $21,560 (USFWS BO-Biotech)

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.

Michael J. Oseback, Title: Chief, Operations Date:

Permittee Support Branch, New York District U.S. Army Corps of Engineers

Emina Sendich, Title: Acting Superintendent, Date:

Authorizing NPS official GATE

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

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 Gateway National Recreation Area (Superintendent) 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.

Michael Oseback 31 JUL 2025

OSEBACK.MICHA

EL.J.1384788943

Digitally signed by

OSEBACK.MICHAEL.J.138478894

Date: 2025.07.31 13:24:59 -04'00'

EMINA SENDICH Digitally signed by EMINA SENDICH Date: 2025.08.08 19:40:28 -04'00'

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 US Army Corps of Engineers (Permittee) agrees to be responsible for administration and/or payment of any and all claims for property damage or personal injuries which may arise out of the activities authorized by this Agreement in accordance with the provisions of the Federal Tort Claims Act.

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 Jersey; 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 the State of 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 Permittee designates Michael Oseback – (telephone: 917-790-8536) as the on-site person responsible for adherence to the Permit’s terms and conditions (the Project Lead). The on-site person must have full authority to make all decisions about the permitted work or Permitted Activities; must be reachable at all times; and is responsible for all persons or entities performing the permitted work or Permitted Activities, including the Permittee’s contractors and sub-contractors.

13. Nothing in this permit binds the National Park Service or the United States to expend in any one fiscal year any sum in excess of appropriations made by Congress or allocated by the National Park Service or the United States for the purpose of this permit, or to involve the National Park Service or the United States in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations.

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 shall defer to any determination made by park management as to whether any activity interferes with park operations or with activities scheduled at the park and take action as directed by the

NPS.

20. USACE Point of Contact (POC) for on-site field operations:

o Jessica Wong; 917-790-8531, Jessica.J.Wong@usace.army.mil (Project Engineer, Technical Support Section) o Jun Yan; 917-790-8437, Jun.Yan@usace.army.mil (Project Manager) o USACE POC for all other permit related issues is Nicholas Emanuel; 917.790.8069 (Contracting

Officer).

21. NPS Contacts and Required Notification:

o Ellen Bungard Chief Ranger (Acting) - 732-580-4224, ellen_bungard@nps.gov o Patti Rafferty, Resource Stewardship Division Manager - 631-605-5680, patricia_rafferty@nps.gov o NPS Dispatch - 718-354-4711

Prior Coordination: The Permittee must coordinate entry with the above identified NPS personnel prior to commencing activities on-site at least two (2) business days before the start of each Permitted Activity to alert NPS of the initiation of Permitted Activities:

Prior to Commencing Activity on Site: Prior to undertaking any work on site, the Permittee must provide:

o A tentative schedule of work to be undertaken on NPS property not less than 2 weeks prior to initiating work on NPS property. Deviations and modifications of the schedule must be provided as soon as identified by the Permittee.

o A pre-construction meeting is required one week prior to commencing any activities authorized under this permit.

Upon Conclusion of Activity: The Permittee shall notify above identified NPS points of contact within twenty-four (24) hours of completing all Permitted activities. Additionally, upon the conclusion of the permitted activity, Permittee must provide NPS with written documentation provided showing the beach is safe for visitor use.

Injury, Incident, Emergency: 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 subcontractors, Park employees or visitors, the Permittee shall notify the NPS as soon as possible after receiving notification from Contractor. Permittee shall provide notification to NPS of the event by contacting Chief Ranger, Captain Anthony Lordo (646-879- 4216, anthony_lordo@nps.gov) and NPS Dispatch at 718 354 4711. Permittee must also submit to the Superintendent within forty-eight (48) hours a full written report of proposed actions and corrections and submit a complete report including the resolution of the situation within ninety (90) days.

22. Fencing and Signage:

Installation and removal of fencing or fencing enclosures shall be undertaken at the Permittee’s cost and expense as subject to the following requirements:

To ensure security of the work area for safety purposes, the Permittee will install and conduct daily inspection and maintenance of any temporary construction fence lines.

Permittee is required to install fences in a manner that restricts visitor access at all tidal levels and ensures visitor safety. Additionally:

o Waterward (seaward) facing/located fencing must be orange construction fencing supported by metal T posts placed at the low tide terrace on one side of the tip and spanning across the tip to the low tide terrace on the other side of the tip.

o Landward facing/located fencing must be erected at least 50 yards further inland than the seaward orange construction fence. This is required to provide an adequate buffer area.

o In order to be acceptable to the NPS, fencing is required to:

Have adequate and sufficient reflective markers to provide visibility for safe operation of vehicles on beach at night Contain signs reading “Do Not Enter Unsafe Area” posted at 10’ intervals.

Span the low tide terrace on one side of the tip to the low tide terrace on the other side of the tip.

Signs must be posted at each trail entrance at M lot, J lot, and I lot. Signs must contain the following warning: “False Tip Closure Ahead, Do Not Enter Unsafe Areas”.

Signs reading “Do Not Enter- Unsafe Areas” must be posted in areas identified in the “Sandy Hook

Dredging Visitor Safety Plan” visual, Attachment A.

Signs and posting locations which are not already identified herein must be approved by NPS in writing.

USACE shall remove fencing and signage once NPS has accepted the written documentation USACE is required to provide establishing the beach is safe for visitor use.

23. Managing Security:

Permittee has represented to NPS that it has contracted for independent security services. Permittee is required to implement the following:

24-hour coverage monitoring closed or restricted areas from on board the vessels utilized by Permittee in connection with the authorized activities. The USACE on-board representative is responsible for ensuring that any person entering such areas be told to exit the closed area via the PA system on board the vessel. If violators do not comply, security is required to contact NPS LE Rangers via NPS Dispatch at 718-354-4711.

24. Access and Restricted Areas:

The Permitted Activity will take place in areas where vehicles are typically prohibited or restricted (refer to Attachment A “Map of authorized and prohibited off-road driving.” The Permittee must abide by the below identified restrictions pertaining to vehicular access necessary in connection with the activity:

Driving onto Fisherman's trail and beach is authorized only when fencing and signage is being installed or removed, or for daily maintenance and inspection, and under the following conditions:

o Permittee is prohibited from entering dune areas or bird nesting areas.

o Permittee is prohibited from driving on the beach from March 15 to September 15.

o Permittee is required to notify NPS Dispatch (718-354-4700) each day prior to entering onto

Fisherman’s trail and upon leaving Fisherman’s trail.

o Permittee is required to utilize either a 4x4 vehicle or UTV. The driver must be experienced in operating a UTV or 4x4. Vehicle must be equipped with tow rope. Permittee is responsible for providing any capacity required for tire inflation.

o The Permittee must remain within the areas designated by the NPS for off-road vehicle use.

While in these areas, vehicle operation is not allowed on or within 30 feet of any vegetation.

Additionally, vehicles must not enter any areas marked as closed by stringlines, signage, or other indicators.

o When on the beach, vehicles should operate as close to the water as safely possible while ensuring safe driving conditions.

o Access to the beach is only permitted within 3 hours of low tide.

o Permittee is solely responsible for safe operation of off-road vehicles as well as any and all costs associated with towing, recovery, or salvage that may be required as a result of off-road use.

25. Safety, Enforcement, and Resource Protection:

Permittee is obligated to pay for all costs related to Safety, Enforcement, and Resource Protection. NPS may provide the below identified services at the Permittee’s cost and expense. The estimated cost of such services is identified in Attachment B – Cost Recovery and is based on costs incurred in connection with identical activities previously undertaken by Permittee which required additional safety, enforcement and resource protection, additional man hours and corresponding staff. Permittee will also be required to pay for any additional costs incurred by NPS pertaining to Safety, Enforcement and Resource Protection.

Safety efforts may include, but are not limited to, providing any emergency services necessary, risk incident management, search and rescue missions, and/or off-road 4x4 vehicle operations necessary to access remote areas of the park.

Enforcement may include but is not limited to efforts to target prevent, curtail, or mitigate any degradation, deterioration, or destruction of park resources. Enforcement efforts are required to co-opt illegal and unsafe activities by ensuring compliance with park regulations. Enforcement efforts may also require cooperation or coordination with other agencies and enforcement officials. USACE and/or representatives are not deputized by the Law Enforcement Division and therefore should not be engaging in any law enforcement contacts or actions.

Resource Protection may include but is not limited to efforts to prevent negative environmental impacts.

Resource protection requires identification of park resource problems especially in areas vulnerable to depredation or mismanagement.

26. Dredge Surveys:

Upon providing at least two (2) business days prior written notice to the above identified points of contact, Permittee is authorized to conduct the following in order to support the permitted activity:

Topographic, geotechnical, bathymetric, shorebird, or other non-destructive surveys Deployment of temporary and reversible marking (such as pin flags or similar). may be temporarily deployed.

The following is prohibited:

Installation of equipment or devices in the ground or on park signage, fencing, or structures

Any ground penetration Trimming or removal of vegetation

The Permittee shall notify above identified points of contact within twenty-four (24) hours of completing any survey.

27. Stockpiling Sand for Beneficial Use:

With the submission of a detailed implementation plan for NPS review and acceptance, USACE may be authorized to stockpile a mutually agreed upon volume of dredge material at parking lot K for park beneficial use (see Attachment A).

Upon completion of the stockpiling activities, NPS shall become the owner of the stockpiled sand and thus responsible for management of the stockpile.

The detailed implementation plan to be submitted by the Permittee must identify the location of any slurry pipeline, address maintenance of an adequate number of roads in the area over which the slurry pipeline will traverse to allow for continued safe operation of the park and visitor access, address modifications (including potential ground disturbance) to parking lot K required to accommodate stockpiling activity, and contain additional information requested by NPS.

USACE will be responsible for securing all permits required to stockpile sand for beneficial reuse.

USACE will be responsible for completing compliance for the stockpiling activity that is sufficient to meet

NPS requirements for completion of National Environmental Policy Act, National Historic Preservation Act, and other regulations and polices necessary in connection with any authorizations required to implement stockpile related activities on NPS lands or waters.

28. Agents of the Permittee, including any contractors providing services to the Permittee in connection with the activity authorized under this permit, shall carry general liability insurance against claims occasioned by the action or omissions of the Permittee’s agents, or its agent’s employees in carrying out the activities and operations authorized by this Permit. Agents of the Permittee, including any contractors providing services to the Permittee, shall provide the Superintendent with a Certificate of Insurance with the proper endorsements as identified herein. Such policies shall be in an amount sufficient to provide adequate coverage considering the nature of the activity though such amounts shall not be less than $3,000,000 per Occurrence, $5,000,000 Aggregate and underwritten by a United States company naming the United States of America as additional insured. If the NPS believes that the limits or extent of coverage, conditions, deductibles or self-insurance retention, with respect to any of the insurance required under this authorization are insufficient for a prudent owner of property considering the nature of the authorized activity, the NPS may require the Permittee to increase reasonable limits and extent of coverage, deductibles, conditions, and self-insurance retention limits for such insurance and such insurance shall thereafter be carried by the Permittee. The Permittee shall ensure its liability insurance remains in full force during the entirety of the period covered by this agreement. The Permittee agrees to be fully responsible for the management, performance, use and safety of the Site under this Permit and hereby accepts responsibility and assumes liability for any and all claims arising from the intentional, reckless or negligent actions or omissions of its representatives, employees, agents, contractors or subcontractors directly connected with the work performed, or the maintenance or use of the Site, to the extent permitted by law.

29. The Permittee shall ensure its contractor’s and subcontractor’s liability insurance remains in full force during the entirety of the period covered by this agreement. The Permittee assumes all responsibility for any and all-direct loss or damages Permittee or Superintendent incurs that is caused by Permittee or Permittee’s representatives.

The Permittee shall require all of its contractors and subcontractors to pay the United States the full value for all damages to the lands or other property of the United States caused by the Permittee, contractors, subcontractors, or employees of the contractors or subcontractors.

30. The Permittee shall and shall require all of its contractors and subcontractors pay the United States the full value for all damages, other than the incidental damages related to the normal performance of the permitted activities to the lands or other property of the United States caused by the Permittee or by the Permittee’s employees, agents, contractors, subcontractors, or employees of the contractors or subcontractors.

31. All persons associated with activities authorized under this permit must treat all visitors to the park courteously.

Visitors who may not be associated with the permitted event are allowed access to any public area of the park.

32. Permittee will take no action that would be detrimental to the historical or natural resources of the park or have an adverse impact on the environment. Ground disturbance is limited to installation of posts for signs and fencing. If an inadvertent discovery is made of cultural material, architectural debris or foundations, or human remains during the project, work in the area must stop and Caridad de la Vega (917-636-2403), Cultural Resources Program Manager, should be contacted immediately. Any person who destroys, causes the loss of, or injures any park system resource is liable to the United States for response costs and damages resulting from such destruction, loss, or injury Title 54 Chapters 100721-5 of the United States Code (54 USC). Actions in violation of the Code of Federal Regulations (36 CFR) can result in issuance of a U.S. District Court Violation Notice.

33. The Permittee will take no action within any area closed for shorebird nesting or within 0.25 linear miles along the beach from unfledged shore bird during the period of March 15 to September 15.

34. If insertion of stakes has been approved with this permit, any ground penetration greater than 6 inches below grade requires compliance with “NJ One Call." law, regulation, and policy. Compliance with NJ One Call includes, but is not limited to a utility “mark out” to be completed by the contractor or individual erecting the tent ("Excavator"), completed within the required time frame as outlined on the NJ-1 call website (http://www.nj1-call.org ).

a. For a water and sewer utility mark-out, the excavator must call the Sandy Hook Water Plant at 732-

872-5964. In accordance with the NJ One Call, a utility request must give three (3) full business days’ notice before the start of excavation. “Business day” means any day other than Saturday, Sunday or a nationally or State recognized holiday.

b. The following information must be provided: 1) start date; 2) location; 3) type of work; and 4) maximum depth of excavation; 5) contact information.

c. The utility mark out confirmation number obtained by the Permittee, or Permittee’s representative must be available to NPS upon request. The party requesting the tent installation will take full responsibility of any underground utilities that are impacted during the installation activities. The NJ-1 Call rules and regulations must be obeyed.

35. Upon conclusion of the permitted activity, the area must be returned to its pre-event condition. All trash and waste generated in connection with the activity authorized under this permit must be collected by the Permittee and removed from the park. Site inspections may be conducted by NPS to determine that site conditions and park property are left in a sound, clean, and orderly manner. If the Permittee fails to properly clean activity site or if there is damage to government property, the Permittee may be subject to costs incurred for cleanup and repair/replacement of property. Clean up costs may include contractor fees, government employee overtime salaries, and supplies and materials associated with the clean-up. Security bonds posted by the Permittee may also be forfeited. Sanitation and refuse violations can result in issuance of a U.S. District Court Violation Notice:

[36 CFR 2.14(a)(1).

36. The Permittee shall ensure that all individuals using the designated area in connection with the Permitted activity are informed and comply with park rules, regulations, and all applicable state and federal laws. This includes but is not limited to pedestrian, vehicle traffic, and parking laws which are summarized as follows:

Accessing dune areas in any manner is prohibited.

No vehicles or motorized equipment are allowed on trails, beaches, off road (as outlined in Condition #24 regarding Access and Restricted Areas and Attachment A "Map of Authorized and Prohibited Off-Road Driving”) or on the Multi-Use Path (paved bike path).

Parking is only permitted in designated lots.

Operation of drones within park boundaries is prohibited.

Additional information about park rules and regulations is available in the park compendium:

https://www.nps.gov/gate/learn/management/superintendent-s-compendium.htm

37. The Permittee is authorized to conduct activities in the areas designated in this Permit. This Permit does not include permission for activities outside the designated area unless specifically stated. Permittees will comply with the designated area instructions issued and determinations made by NPS personnel. Except in extraordinary situations and with the agreement of the Superintendent, or as determined at or prior to the on-site meeting described below, all work on park lands will be conducted on a Monday through Friday, 8:00 a.m.

through 5:00 p.m. basis.

38. Equipment, materials, and all other supplies may be located only within the area identified by NPS and shall be staged or otherwise situated in such a way as to allow for the safe use of the area by park visitors, to the greatest extent possible. All sidewalks, walkways, roadways, and trails must remain unobstructed to allow for the reasonable use of these areas by pedestrians, vehicles, and other park users.

39. Failure to comply with any of the terms and conditions of this permit may result in the suspension, revocation, or termination of the permit. The Permittee will reimburse NPS for cleanup or repair of damages required to be made by NPS staff or contractor in conjunction with a terminated permit. NPS may choose to but is not required to assign park staff to manage or monitor any event. Such staff may include a U.S. Park Ranger (law enforcement). Permittee is required to adhere to all directions given by or determinations made by park staff necessary in connection with park management and protection. Permittees should note that park staff have the authority to stop any activity and to revoke this permit at any time in the event of imminent harm, damage to park resources, safety violations, or failure to adhere to Permit terms and conditions.

40. This permit may be revoked at the discretion of the Superintendent upon 24 hours’ notice, or without notice if damage to resources or facilities occurs or is threatened, notwithstanding any other term or condition of the permit to the contrary.

41. The Permittee must abide by the terms and conditions contained herein. Modifications to the Permit, including but not limited to requests for additional time or expanded us of areas, may only be made in writing with the permission of the Superintendent, and will be subject to additional costs, if any.

42. In the event of an emergency, serious incident, or the discovery of any illegal or criminal act by or upon Permittee’s or their personal or public property, the Permittee will immediately notify the Sandy Hook Dispatch at 718-354-4700 and 9-1-1.

43. Future Considerations for Dredging Activities:

In order to ensure projects are managed to the satisfaction of NPS and to adequately plan for protections necessary to both Permittee and NPS, Permittee is required to consult with and coordinate with NPS not less than six months prior to any request for related, similar, or additional authorizations. Subsequent requests for authorization to conduct such activities may require the following:

A legal authorization other than a Special Use Permit A provision in the authorizing legal instrument that NPS (rather than a contractor selected by Permittee) provide related/required security.

Permittee’s failure to consult with and coordinate with NPS within the above identified lead time may result in NPS inability to issue any corresponding legal authorization going forward.

Attachment A: Approximate Permitted Work Area

Lands and waters which are part of the Sandy Hook Unit of Gateway National Recreation Area

Stockpiling Sand for Beneficial Use – Lot K

Approximate Permitted Fencing, Closures, Security

Map of Authorized and Prohibited Off-Road Driving

Attachment B: Cost Recovery Estimate

This cost recovery fee estimate is only an estimate based on projected NPS labor hours necessary for completion of the permitted activity. Actual NPS labor and service costs will be calculated at the conclusion of the permitted activity. The NPS will issue a final statement within 30 days of the concluded activity which may result in a balance due from the NPS or the permit holder. If a refund is determined by the NPS, it will be payment though EFT; if a balance is owed to the NPS, it will be noted on the final statement and due to the NPS within 14 business days of receipt.

Event Requirements:

- 1 Ranger/s for 3, 8 hours shifts for 24-hour coverage.

o Approx. 100 Days

- 3-month full-time equivalent biological monitoring position

Payments Issued to Date: $0.00

Law Enforcement

2024 Rate = $170,593

2025 Adjustment (2.22% increase due to Federal pay raise) = $174,375.14

Biological Opinion

2025 Rate = $21,560

Total Due Prior to Activities start: $196,935.14

Attachment C: Tally Sheet