Amendment 0002_Permit Pkg 2-6499-00472_3 WQC AK35 dredge.signed.pdf

Division of Environmental Permits, Region 2 47-40 21st Street, Long Island City, NY 11101 | dec.ny.gov | dep.r2@dec.ny.gov | (718)-482-4997

KATHY HOCHUL

Governor

AMANDA LEFTON

Commissioner

April 24, 2026 via email (Michael.J.Oseback@usace.army.mil)

Michael Oseback Chief, Operations Support Branch U.S. Army Corp of Engineers, NYD Jacob K. Javits Federal Building 26 Federal Plaza New York, NY 10278

Re: NYSDEC Permit No. DEC ID 2-6499-00001/00007; PID 15480 Arthur Kill Federal Navigation Channel Maintenance Dredging Staten Island, NY 6 NYCRR Part 608 - Water Quality Certification

NOTICE OF PERMIT ISSUANCE

Dear Michael Oseback:

Enclosed is your permit. Please read it carefully. You are required to comply with all conditions of the permit.

Please note that Natural Resources Condition 3 of the permit requires submittal of the attached "Notice of Intent to Commence Dredging" at least 15 days prior to the start of the permitted activity, and Natural Resources Condition 10 of the permit requires submittal of the attached “Notice of Completion of Dredging” no later than 15 days following completion.

Technical questions concerning this matter should be directed to Isaac Nikolic, Division of Marine Resources, isaac.nikolic@dec.ny.gov. Administrative questions should be directed to me, Division of Environmental Permits, jamie.vanderzee@dec.ny.gov.

Sincerely, Jamie van der Zee Environmental Analyst I

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 2-6499-00001

PERMIT

Under the Environmental Conservation Law (ECL)

Permittee and Facility Information

Permit Issued To: Facility:

US DEPT OF THE ARMY US ARMY CORP-ARTHUR KILL

THE PENTAGON BET NEW JERSEY & STATEN ISLAND

WASHINGTON, DC 20310 Staten Island , NY 10300

Facility Location: in RICHMOND COUNTY Village: Richmond Facility Principal Reference Point: NYTM-E: 567 NYTM-N: 4492.2

Latitude: 40°34'40.4" Longitude: 74°12'30.2" Project Location: Arthur Kill Federal Navigation Channel Authorized Activity: Maintenance dredging (approx. 150,000 CY) of Arthur Kill to a depth of 35 ft below MLLW plus 1 ft overdredge, with dredge material to be placed upland.

Permit Authorizations

Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 2-6499-00001/00007 New Permit Effective Date: 4/24/2026 Expiration Date: 4/23/2036

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: CAITLYN P NICHOLS, Regional Permit Administrator Address: NYSDEC Region 2 Headquarters

47-40 21st St Long Island City, NY 11101 -5401

Authorized Signature: ______________________________________ Date ___/____/____

Permit Components

NATURAL RESOURCE PERMIT CONDITIONS

WATER QUALITY CERTIFICATION SPECIFIC CONDITION

04 24 2026

GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS

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

1. 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 the entities cited in Natural Resource Condition 2. 6 NYCRR 608.

2. Conformance with Plans - Addenda In addition to plans referenced in the Condition titled “Conformance with Plans”, the activities authorized by this permit must be in strict compliance with the following approved plans and/or submissions made as part of the permit application.

a. Letter from Michael J Oseback, Chief, Operations Support Branch, titled, “Request for Water Quality Certification for the FY26 Maintenance Dredging of New York and New Jersey Channels - Arthur Kill 35 ft. Reach, Federal Navigation Project,” dated and received by NYS DEC on December 3, 2025.

b. Pre-dredge bathymetry survey titled, “New York and New Jersey Channels Arthur Kill Channel,” dated September-October of 2024, and received by the NYSDEC on December 3, 2025.

c. Sediment sampling and analysis plan (SSAP) titled, “New York and New Jersey Channels Arthur Kill Channel Condition Survey,” dated September-October 2024, and received by the NYSDEC on January 3, 2025.

d. Sediment Sample Results titled, “Analytical Report,” with subject “AK 35 Upland S&T 2025,” dated May 30, 2025.

e. Public notice titled, “Maintenance Dredging of the New York and New Jersey Channels - Arthur Kill 35' Reach Federal Navigation Project,” dated November 14, 2025, and received by the DEC on December 3, 2025.

f. Email from Michael Oseback, Chief, Operations Support Branch U.S. Army Corps of Engineers, New York District, to Caitlyn Nichols, NYSDEC, dated and received April 1, 2026, at 3:07pm.

3. Notice of Intent to Commence Dredging At least fifteen (15) days prior to the start of work, Permittee must complete and submit the attached Notice of Intent to Commence Dredging form to the NYSDEC Dredge Team at r2dredge@dec.ny.gov. 6 NYCRR 608, 6 NYCRR 701.

4. Future Maintenance Dredging Prior to undertaking any future dredging events pursuant to this permit, Permittee must submit the following (with receipt of items c - f required at least thirty (30) business days prior to the commencement of dredging) to the NYSDEC Dredge Team at R2dredge@dec.ny.gov:

a. If most recent sediment sampling results are more than 5 years old, Permittee must submit a new Sediment Sampling and Analysis Plan (SSAP), with current bathymetric survey indicating sampling locations for the proposed excavated material, at least sixty (60) days prior to the proposed start of sampling. The SSAP must be approved by the NYSDEC prior to commencement of sampling;

Drawings and performance specifics of the environmental bucket (see Condition 5);b.

Facility DEC ID 2-6499-00001

Results of sediment sampling;c.

Pre-construction bathymetric survey, no more than six months old;d.

Best Management practices (see Condition 6);e.

Information on final placement location for dredged material (see Condition 7).f.

6 NYCRR 608, 6 NYCRR 701.

5. Environmental Bucket An environmental bucket is required for dredging silt or other fine-grained unconsolidated materials and/or sediments classified as Class B or Class C according to NYSDEC In- Water and Riparian Management of Sediment and Dredged Material Technical & Operational Guidance Series (TOGS) 5.1.9.

a. At least fifteen (15) days prior to the start of dredging, the Permittee must provide drawings and performance specifics of the environmental bucket to r2dredge@dec.ny.gov.

b. The following bucket specifications are required:

The bucket must be constructed with sealing gaskets or overlapping sealed design at thei.

jaws, and seals or flaps positioned at locations of vent to minimize the loss of material during transport through the water column and into the barge.

Any seals or flaps designed and/or installed at the jaws and locations of vent openingsii.

must tightly cover these openings while the bucket is lifted through the water column and into the barge. If excessive loss of water and/or sediments from the bucket is observed from the time of its breaking the water surface to crossing the barge gunwale, the Permittee must halt dredging operations and inspect the bucket for defects. Operations must be suspended until all necessary repairs or replacements are made.

Bucket hoist speed must be limited to approximately 2 feet per second. The bucket mustiii.

be lifted in a continuous motion through the water column and into the barge.

The bucket must be lowered to the level of the barge gunwales prior to the release ofiv.

load.

Where the environmental bucket repeatedly encounters resistance fromv.

consolidated materials (e.g., stone, rock), a conventional digging bucket may be used.

The Department must be provided with written notice of intent to switch buckets at least 48 hours (2 business days) prior to use of the conventional bucket.

6 NYCRR 608, 6 NYCRR 701, 6 NYCRR 703

6. Best Management Practices The Department will review each request for maintenance dredging of Arthur Kill 35ft Reaches. To minimize impacts to natural resources, the USACE NYD must abide by Best Management Practices that will be determined on a contract-by-contract basis and incorporated in the Authorization to Proceed for maintenance dredging. Best Management Practices include but are not limited to:

a. Operational controls which include, but are not limited to: bucket type, hoist speed, barge overflow, and decanting.

b. Placement of silt curtains to protect sensitive habitats

i. Silt curtains deployed across the mouth of the following tidal creeks during flood tide events while dredging operations are being conducted within 1,500 feet of the mouth of the creek: Mill Creek, Little Fresh Kills, Neck Creek, Sawmill Creek, Old Place Creek, and Bridge Creek

ii. Silt Curtains deployed throughout the tidal cycle on the seaward edge of the Gulfport wetlands located along the Arthur Kill between GATX and Howland Hook facilities while dredging is being conducted within 1,500 feet of the shoreline.

iii. All silt curtains must be properly anchored and maintained to minimize resuspended sediments from entering the creeks and/or wetlands.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 2-6499-00001

c. Any material dredged in the conduct of the work herein permitted must be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway.

d. All side slopes of the dredged channel will have a maximum 1:3 (V:H) slope.

e. The use of a dragline for dredging is strictly prohibited.

6 NYCRR 608, 6 NYCRR 701, 6 NYCRR 703

7. Placement of Dredged Materials The permittee must submit the following to the NYSDEC Dredge Team at r2dredge@dec.ny.gov at least (60) days prior to dredging:

a. The name and address of the placement location for the dredged material.

b. The name, email, and phone number of the contact person for the placement site.

c. A letter of approval from the placement location stating that it is willing and able to accept the dredged material; and

d. A copy of the facility permits and/or other authorizations that enable the placement site to accept the subject dredged material.

6 NYCRR 608, 6 NYCRR 701, 6 NYCRR 703

8. Environmental Windows

a. Initial Dredge event/cycle: To protect and minimize impacts to migrating and spawning finfish, including Atlantic Sturgeon, shortnose Sturgeon and Winter Flounder, no dredging activity associated with the initial dredge operation/cycle shall occur between March 1st-July 31st. Permittee shall utilize Protected Species Observers (PSO) from September 1st-October 31st as specified in Condition 9.

b. Future Dredge events: To protect and minimize impacts to migrating and spawning finfish, including Atlantic Sturgeon, shortnose Sturgeon and Winter Flounder, no dredging activity associated with future dredging events shall occur between January 1st-July 31st, and September 1st-October 31st of any calendar year, unless, on a contract-by-contract basis, the Department approves and incorporates alternative or modified activity/seasonal windows in the Authorization to Proceed.

6 NYCRR 608, 6 NYCRR 701, 6 NYCRR 703

9. Protected Species Observer The Permittee shall utilize Protected Species Observers (PSO) from September 1st- October 31st to conduct any dredging activities reflected on the project plans cited in Condition 2b for the initial dredge event/cycle. PSOs are to inspect the clamshell bucket and scows during dredging operations to identify any impacts to sturgeon, as specified in the email cited in Condition 2f.

PSOs must report any sightings of an injured or dead Atlantic Sturgeon or Shortnose Sturgeon or any evidence of sturgeon, including “parts” or whole fish that may have been caught in the bucket to NYSDEC at Marineprotectedresources@dec.ny.gov within 24 hours.

6 NYCRR 701

10. Notice of Completion of Dredging Within fifteen (15) days after the completion of the work, Permittee must complete and submit the attached Notice of Completion of Dredging form to the NYSDEC Dredge Team at r2dredge@dec.ny.gov.

6 NYCRR 608, 6 NYCRR 701.

11. Post-Dredge Bathymetry Within ninety (90) days of the completion of the dredging project, a post-dredge bathymetric survey must be submitted to the NYSDEC Dredge Team at r2dredge@dec.ny.gov.

6 NYCRR 608, 6 NYCRR 703

12. Dewatering The Permittee will dewater sediment material according to plans prepared by the USACE, specifically the supplemental form, titled “Application for Permit for Section 401 State Water Quality Certification”, dated November 27, 2025, and received by NYSDEC on December 5, 2025.

a. All dredge material is allowed to settle for at least 24 hours prior to dewatering.

b. Dewatering sediment shall be conducted in a manner that precludes adding substantial suspended solids, turbidity or sheens to the receiving waterbody. During pumping of the decant water, great care shall be taken to avoid re-suspending or pumping previously settled sediment.

c. If the Permittee elects to utilize dewatering methodologies which generate effluent discharge it must monitor the discharge effluent and the receiving waters. Discharges must not cause a substantial visible contrast to the natural condition in the receiving waterbody. A meter which records turbidity in standard units (i.e., NTUs) must be utilized to establish ambient conditions. If a monitored turbidity level exceeds three times of the ambient level of the receiving waterbody Permittee must ensure (e.g., by reducing the flow rate or otherwise adjusting the dewatering system) that no substantial visible contrast to the natural condition in the receiving water body occurs. The action(s) taken, or the decision not to take any action, must be recorded in the monitor's log.

6 NYCRR 608, 6 NYCRR 701, 6 NYCRR 703

13. Decanting The Permittee will be allowed to decant the dredged water off the barge so long as all of the conditions below are met:

a. All dredge material is allowed to settle for at least 24 hours prior to decanting.

b. The barge water is clear of turbidity.

c. Decanting of the barge shall be conducted in a manner that precludes adding substantial suspended solids, turbidity or sheens to the receiving waterbody. During pumping of the decant water, great care shall be taken to avoid re-suspending or pumping previously settled sediment.

6 NYCRR 608, 6 NYCRR 701, 6 NYCRR 703

14. Barge Overflow Barge overflow is prohibited.

6 NYCRR 608

15. Presence of Petroleum Sheens If any suspected petroleum sheen or slick is sited in the work area:

a. The NYSDEC Spills Hotline shall be called at (800) 457-7362.

b. Permittee must keep records of ongoing presence of petroleum sheens. Any recoverable product must be recovered and disposed of appropriately using the standards below.

c. The spill shall immediately be contained to the maximum extent practical with a containment boom & silt curtain.

d. Sorbent booms shall be placed in the affected area to collect any sheens or slicks that come from the contaminated sediments.

6 NYCRR 608, 6 NYCRR 703

16. Excavated Sediments Excavated sediments must be placed directly into the approved disposal site or conveyance vehicle. The sidecasting (double dipping) or temporary storage of excavated material is strictly prohibited.

6 NYCRR 608, 6 NYCRR 703

17. No Interference with Navigation There shall be no unreasonable interference with navigation by the work herein authorized.

6 NYCRR 701

18. Minimize Adverse Impacts to Wetlands, Wildlife, Water All work must be performed in a manner which minimizes adverse impacts to wetlands, wildlife, water quality, and natural resources. 6

NYCRR 608, 6 NYCRR 703

19. Prior Approval of Changes If the Permittee proposes to make any minor changes in construction techniques, species to be planted, the site plan, any mitigation plan, scheduling or staging of construction, or any other aspect of this project, the Permittee shall submit a written request via email to the NYSDEC Regional Permit Administrator (DEP.R2@dec.ny.gov) and NYSDEC Region 2 Dredge Team (r2dredge@dec.ny.gov) to determine if such changes require a permit modification and necessitate submission of a Permittee-initiated modification request to the Department. The Permittee shall not implement such changes unless authorized in writing by NYSDEC. Authorization without modification of the permit is at the Department's sole discretion.

6 NYCRR 608, 6 NYCRR 703

20. Failure to Meet Permit Conditions Failure of the permittee to meet all the conditions of this permit is a violation of this permit and grounds for an order to immediately cease the permitted activity at the project site.

6 NYCRR 608, 6 NYCRR 703

21. 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. 6 NYCRR 608, 6 NYCRR 703

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.

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).

Facility DEC ID 2-6499-00001

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 2 Headquarters 47-40 21st St Long Island City, NY11101 -5401

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.

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:

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.

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS

Facility DEC ID 2-6499-00001

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.

This completed form must be submitted to the Department Dredge Team no less than FIFTEEN

(15) days prior to the commencement of the subject dredging.

NOTICE OF INTENT TO COMMENCE DREDGING

Date: __________________________________

New York State Department of Environmental Conservation Dredge Team

47-40 21st Street Long Island City, NY 11101 ATTN: Dredge Team | FAX: 718-482-4502 | EMAIL: R2dredge@dec.ny.gov

Re: DEC Permit No. 2-6499-00001/00007; PID 15480 Project Name/Location: Arthur Kill Federal Navigation Channel

Dear Dredge Team:

I hereby serve notice to commence/recommence DREDGING on the referenced project on or about ___________________________, 20__ . The quantity of material to be dredged is estimated to be cys.

This is also to certify that having read the permit, in entirety, I am fully aware of and understand the general and special conditions and agree to comply in all respects to those requirements. I further understand that prior to undertaking any modification to the authorized project, I must seek and receive approval of the Regional Permit Administrator.

Sincerely, Signature of the Permittee Signature of the Contractor (if any)

Permittee's Name (Printed) Contractor's Name (Printed)

Name of Permitted Agency/Entity Name of Company

Street Address Street Address

City State ZIP City State ZIP

Telephone Telephone mailto:R2dredge@dec.ny.gov

This completed form must be submitted to the Department Dredge Team within FIFTEEN (15) days of completion of the subject DREDGING. All required state permits and approvals allowing for placement or disposal of dredged material must be attached to this form.

NOTICE OF COMPLETION OF DREDGING

Date: __________________________________

New York State Department of Environmental Conservation Dredge Team 47-40 21st Street Long Island City, NY 11101 ATTN: Dredge Team | FAX: 718-482-4502 | EMAIL: R2dredge@dec.ny.gov

Re: DEC Permit No. 2-6499-00001/00007; PID 15480 Project Name/Location: Arthur Kill Federal Navigation Channel

Dear Dredge Team:

I hereby serve notice that the DREDGING allowed by the above referenced permit has been completed as of ___________________________, 20__.

The actual quantity of material dredged was cys. The dredged material was taken to:

1. cys was taken to the Historic Area Remediation Site.

2. cys used on site.

3. cys was taken to for beneficial reuse.

4. cys was taken to for disposal.

5. cys was taken to for beach nourishment.

Sincerely, Signature of the Permittee Signature of the Contractor (if any)

Permittee's Name (Printed) Contractor's Name (Printed)

Name of Permitted Agency/Entity Name of Company

Street Address Street Address

City State ZIP City State ZIP

Telephone Telephone mailto:R2dredge@dec.ny.gov