PUBLI C NOTICE. Town of Oyster Bay Dept. of Public Works Attn: Richard Lenz 150 Miller Place Syosset, New York 11791

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1 m PUBL C NOTCE n replying refer to: US Army Corps of Engineers New York District Jacob K. Javits Federal Building New York, N.Y ATTN: Regulatory Branch Public Notice Numbers: NAN EBR NAN EBR NAN EBR NAN EBR ssue Date: March 6, 2018 Expiration Date: April 5, 2018 To Whom t May Concern: The New York District, Corps of Engineers has received four applications for individual Department of the Army permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). APPLCANT: ACTVTY: Town of Oyster Bay Dept. of Public Works Attn: Richard Lenz 150 Miller Place Syosset, New York Ten-year maintenance dredging. WATERWAYS: South Bay nlet, Massapequa River, Jomarr Basin and Gene Williams Canal, all tributaries of South Oyster Bay. LOCATONS: Entrance of South Bay nlet west of Brockmeyer Drive, (Latitude , Longitude ) (NAN EBR); waters of the Massapequa River at the eastern end of Lafayette Place, (Latitude , Longitude ) (NAN EBR); entrance of Jomarr Basin east of Division Avenue (Latitude , Longitude ) (NAN EBR); and the entrance of Gene Williams Canal, east of Sunset. Boulevard (Latitude , Longitude, ) (NAN EBR). The material will be dewatered at the eastern end of the parking lot at the Town owned property of Tobay Beach. All projects are located within Massapequa, Town of Oyster Bay, Nassau County, New York (Sheet 1 of 8). WORK DESCRPTON The applicant, the Town of Oyster Bay Dept. of Public Works, has requested Department of the Army authorization for ten-year maintenance dredging of South Bay nlet, Massapequa

2 CENAN-OP-RE PUBLC NOTCE NUMBERS: NAN EBR, NAN EBR, NAN EBR, NAN EBR River, Jomarr Basin and Gene Williams Canal. The proposed maintenance dredging activities are being reviewed concurrently under separate project numbers. South Bay nlet NAN EBR: Dredging of South Bay nlet, a tributary to South Oyster Bay (Latitude , Longitude ) Massapequa, Town of Oyster Bay, Nassau County, New York (Sheet 2 of 8): Maintenance dredge via clamshell bucket a 1.0 acre area at the mouth of South Bay nlet to a depth of 6-feet below the plane of Mean Low Water (MLW) with one (1) foot over depth. The resultant approximately 2,400 cubic yards of dredged material would be placed on a barge and transported to a dewatering site (Sheets 6-8) located at an applicant-owned upland facility to dewater for twelve weeks and then transported via truck to a state-approved upland disposal facility. One (1) additional dredging event is anticipated with the removal of up to approximately 2,500 cubic yards of dredged material, with the dredged material dewatered and placed at a state approved upland disposal facility. The stated purpose of this project is to provide safe water depths for mooring and navigation. The applicant has stated that they have avoided, minimized, and mitigated for potential impacts proposed, to the maximum extent practicable, by limiting the dredging area to the minimum area required for safe and reasonable navigation of South Bay nlet at South Oyster Bay. Any potential impacts would be temporary and would be offset by implementing best management practices associated with the proposed use of a mechanical clamshell dredge. Massapequa River NAN EBR: Dredging of Massapequa River, a tributary to South Oyster Bay (Latitude , Longitude ) Massapequa, Town of Oyster Bay, Nassau County, New York (Sheet 3 of 8): Maintenance dredge via clamshell bucket a 0.05 acre area at the eastern edge of Lafayette Place to a depth of 4-feet below the plane of Mean Low Water (MLW) with one (1) foot over depth. The resultant approximately 100 cubic yards of dredged material would be placed on a barge and transported to a dewatering site (Sheets 6-8) located at an applicant-owned upland facility to dewater for twelve weeks and then transported via truck to a state-approved upland disposal facility. One (1) additional dredging event is anticipated with the removal of up to - approximc;itely 100 cubic yards of dredged material, with the dredged material..,. dewatered and placed at a state approved upland disposal facility. The stated purpose of this project is to remove accumulated sediments around a partially blocked 36-inch diameter reinforced concrete outfall pipe. The applicant has stated that they have avoided, minimized, and mitigated for potential impacts proposed, to the maximum extent practicable, by limiting the dredging area to the minimum area required to remove accumulated sediments around a partially blocked 36-

3 CENAN-OP-RE PUBLC NOTCE NUMBERS: NAN EBR, NAN EBR, NAN EBR, NAN EBR inch diameter reinforced concrete outfall pipe in the Massapequa River at South Oyster Bay. Any potential impacts would be temporary and would be offset by implementing best management practices associated with the proposed use of a mechanical clamshell dredge. Jomarr Basin NAN EBR: Dredging of Jomarr Basin, a tributary to South Oyster Bay (Latitude , Longitude ) Massapequa, Town of Oyster Bay, Nassau County, New York (Sheet 4 of 8): Maintenance dredge via clamshell bucket a 0.55 acre area at the mouth of Jomarr Basin to a depth of 6-feet below the plane of Mean Low Water (MLW) with one (1) foot over depth. The resultant approximately 1,700 cubic yards of dredged material would be placed on a barge and transported to a dewatering site (Sheets 6-8) located at an applicant-owned upland facility to dewater for twelve weeks and then transported via truck to a state-approved upland disposal facility. One (1) additional dredging event is anticipated with the removal of up to approximately 2,000 cubic yards of dredged material, with the dredged material dewatered and placed at a state approved upland disposal facility. The stated purpose of this project is to provide safe water depths for mooring and navigation. The applicant has stated that they have avoided, minimized, and mitigated for potential impacts proposed, to the maximum extent practicable, by limiting the dredging area to the minimum area required for safe and reasonable navigation of Jomarr Basin at South Oyster Bay. Any potential impacts would be temporary and would be offset by implementing best management practices associated with the proposed use of a mechanical clamshell dredge. Gene Williams Canal NAN EBR: Dredging of Gene Williams Canal, a tributary to South Oyster Bay (Latitude , Longitude ) Massapequa, Town of Oyster Bay, Nassau County, New York (Sheet 5 of 8): Maintenance dredge via clamshell bucket a 0.75 acre area at the mouth of Gene Williams Canal to a depth of 6-feet below the plane of Mean Low Water (MLW) with one (1) foot over depth. The resultant approximately 1,900 cubic yards of dredged material would be placed on a barge and transported to a dewatering site (Sheets 6-8) located at an applicant-owned upland facility to dewater for twelve weeks and then transported via truck to a state-approved upland disposal facility. One (1) additional dredging event is anticipated with the removal of up to approximately 2,000 cubic yards of dredged material, with the dredged material dewatered and placed at a state approved upland disposal facility. The stated purpose of this project is to provide safe water depths for mooring and navigation. The applicant has stated that they have avoided, minimized, and mitigated for potential impacts proposed, to the maximum extent practicable, by limiting the dredging area to the minimum area required for safe and reasonable navigation of Gene Williams Canal at South Oyster Bay. Any potential impacts would be temporary and would be offset by implementing '.

4 CE NAN-OP-RE PUBLC NOTCE NUMBERS: NAN EBR, NAN EBR, NAN EBR, NAN EBR best management practices associated with the proposed use of a mechanical clamshell dredge. PURPOSE OF NOTCE: The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; ndian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered. by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. ALL COMMENTS REGARDNG THE PERMT APPLCATON MUST BE PREPARED N WRTNG AND MALED TO REACH THS 'OFFCE BEFORE THE EXPRATON DATE OF THS NOTCE, otherwise, it will be presumed that there are no objections to the activity. Comments provided will become part of the administrative record and may be available to the public under the Freedom of nformation Act and may also be posted on a Corps of Engineers internet web site. Due to resource limitations, this office will normally not acknowledge the receipt of comments or respond to individual letters of comment. Any person may request, in writing, before this public notice expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, with particularity, the reasons why a public hearing should be held. t should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing. The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. Public comments are used to evaluate the project in accordance with the National Environmental Policy Act and to assess impacts on endangered species, historic properties, water quality, general environmental effects and public interest factors. PRELMNARY EVALUATON: Our preliminary determination is that the activity is not likely to adversely affect any Federally endangered or threatened species or their critical habitat managed by the U.S. Fish and Wildlife Service and by the National Oceanic and Atmospheric Administration.

5 CENAN-OP-RE PUBLC NOTCE NUMBERS: NAN EBR, NAN EBR, NAN EBR, NAN EBR However, pursuant to Section 7 of the Endangered Species Act (16 U.S.C. 1531), the District Engineer is consulting with the appropriate Federal agency to determine the presence of and potential impacts to listed species in the project area or their critical habitat. The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act (Public Law ), requires all Federal agencies to consult with the National Oceanic and Atmospheric Administration Fisheries Service (NOAA/FS) on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that. may adversely affect Essential Fish Habitat (EFH). The proposed work, fully described in the attached work description, could cause the disruption of habitat for various lifestages of some EFH-designated species as a result of a temporary increase in turbidity during construction. However, the New York District has made the preliminary determination that the site-specific adverse effects are not likely to be substantial because it is expected that fish populations would avoid the small area of disturbance. Further consultation with NOAA/FS regarding EFH impacts and conservation recommendations is being conducted and will be concluded prior to the final decision. Based upon a review of the latest published version of the National Register of Historic Places, there are not any known sites eligible for, or included in, the Register within the permit area. Presently unknown archeological, scientific, prehistorical, or historical data may be lost by work performed under the required permit. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as amended [16 U.S.C (c)], this federal action is subject to federal consistency review. No permit decision will be made until we receive the State's concurrence with, objection to, or waiver of the applicant's request for federal coastal consistence. For activities within the coastal zone of New York State, the applicant's certification and accompanying information is available from the Consistency Coordinator, New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, Coastal Zone Management Program, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231, Telephone (518) Please provide the New York State Department of State with copies of any letters to this office commenting upon this proposal. Consultation with Tribes must occur if the activities requiring Department of the Army (DA) authorization, have the potential to significantly (i.e., materially) affect protected tribal resources, tribal rights (including treaty rights) and tribal lands. t is unlikely that the proposed action will significantly affect protected tribal resources. The proposed action is not within a designated Wild and Scenic River or a river proposed for such designation. The proposed action does not appear to be proposed within a Special Aquatic Site as defined in 40 CFR through The permit area of the proposed action is directly adjacent to a Federal Navigation Channel. Coordination will be undertaken to determine if the project will require permission under

6 CENAN-OP-RE PUBLC NOTCE NUMBERS: NAN EBR, NAN EBR, NAN EBR, NAN EBR Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy or use a Corps Civil Works project. t is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. f you have any questions concerning this application, you may contact this office at (917) and ask for William T. Bruno. n order for us to better serve you, please complete our Customer Service Survey located at For more information on New York District Corps of Engineers programs, visit our website at pr Ji/druW ~ Stephan A. Ryba Chief, Regulatory Branch Enclosures MAR

7 NAN EBR, NAN EBR, NAN EBR & NAN EBR.,p. _~~ /l~ ' LEGEND: NAN EBR: South Bay nlet-a NAN EBR: Massapequa River-Q NAN EBR: Joma rr Basin-B NAN EBR: Gene Williarns Canal -C Pl JR POSE MANTENANCE DREDGNG FOR NAVGATON OVERALL LOCATON PLAN DAJlJM NOTE ALL ELEVATON ARE N NAVO 88. BATHYMETRC DATA S FROM A SURVEY DATED AUGUST = 2500' TOWN OF OYSTER BAY DEPARTMENT OF PUBLC WORKS 160 MLLER PLACE SYOSSET, NY ATLANTC OCEAN CANAL MOUTH DREDGNG N: COUNTY OF: NASSAU STATE: NEW YORK APPLCATON BY: DATE: 07/12/2017 de Bruin Engin.eering, P.C. 11 Union Avenue Bethpage New York ~4 Fax 1

8 NAN N f MECHANCAL DREDGNG WTH CLAM SHELL BUCKET TO ELEVATON , CUBC YARDS TOWN EXSTNG BULKHEAD M_H_W_E_L._o_._S' MLw~* = ~ - ~---~--,-EE:;:~~:--- ~ SECTON A-A 6' BELOW MLW = SCALE: 1"= 20'-0" MAX. DREDGE AND PAYMENT LMT (EL. -7.0) EllRPOSE MANTENANCE DREDGNG FOR NAVGATON FGEND ==-LMTS OF PROPOSED DREDGNG AREAS DATllM NOTE ALL ELEVATON ARE N NAVO 88. BATHYMETRC DATA S FROM A SURVEY DATED AUGUST SOUTH BAY NLET e M 1" =80' TOWN OF OYSTER BAY DEPARTME:NT OF PUBLC WORKS 150 MLLER PLACE SYOSSET, NY CANAL MOUTH DREDGNG N: COUNTY OF: NASSAU STATE: NEW YORK APPLCATON BY: DATE: 07/12/2017 de Bruin Engineering, P.C. 11 Union Avenue Bethpage NewYork {4 Fax 2

9 NAN EBR MPERMEABLE TURBDTY CURTAN - 1 O' DEEP ' ' e PLAN SC,lLE: 1' = 80'-0' _ EXSTNG MLW=MEAN LO BVLKHEAD M_H_W_EL_._o_.S_'_MLw- - f- 1~~ ~-= EXSTNG BOTTOM ~-4' BELOW MLW = MAX. DREDGE AND PAYMENT L 2 SECTON A-A SCALE: 1" = 20'-0" PURPOSE.. REMOVAL OF ACCUMULATED SEDMENTSAROUNDAN OUTFALL STRUCTURE 1 EGEND: m= LMTS OF PROPOSED DREDGNG AREAS PAil JM ~OTF: ALL ELEVATON ARE N NAVD 88. BATHYMETRC DATA S FROM A SURVEY DATED AUGUST MASSAPEQUA RVER 0 80 a M 1":;;: 80' 160 TOWN OF OYSTER BAY DEPARTMENT OF PUBLC WORKS 150 MLLER PLACE SYOSSET, NY CANAL MOUTH DREDGNG N: COUNTY OF: NASSAU STATE: NEWYORK APPLCATON BY: DATE: 07/12/2017 de Bruin Engineering, P.c. 11 Union Avenue Bethpage NewYork Fax 2

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11 / J,. ; / ' MEC ANCAL DREDGNG-.! "--~. ~ WJ CLAM SHELL BUCKET T,P ELEVATON ,900 +/-CUBC YARDS ~ ~: f' = aoo::o-- MHW EL. o.5' =ri=e=t~~~:-~ 1 G SECTON A-A L61 RE ow Ml w = 5 SCALE: 1 = 2 o.o MAX. DREDGE AND PAYMENT LMT (EL. -7.0) PURPOSE MANTENANCE DREDGNG FOR NAVGATON LEGEND: s-= LMTS OF PROPOSED DREDGNG AREAS DATUM NOTE: ALL ELEVATON ARE N NAVO 88. BATHYMETRC DATA S FROM A SURVEY DATED AUGUST GENE WLLAMS CANAL M' m 1" =80' TOWN OF OYSTER BAY DEPARTMENT OF PUBLC WORKS 150 MLLER PLACE SYOSSET, NY CANAL MOUTH DREDGNG N: COUNTY OF: NASSAU STATE: NEWYORK APPLCATON BY: DATE: 07/12/2017 de Bruin Engineering, P.c. 11 Union Avenue Bethpage NewYork Fax 2

12 TO HOLD DOWN BAR ~--TEMPORARY CONCRETE JERSEY BARRER ANCHOR 5'-0" O.C. 2" x 6" HO LO DOWN-- BAR CONTNUOUS --~-GEOTEX 801 FLTER FABRC EXSTNG ASPHALT. PARKNG FELD e DEWATERNG AREA SECTON SCALE: 1/2" = 1' 0" ALL PROPOSALS ARE SUBJECT TO THE APPROVAL OF THE ENGNEER AND MAY REQURE MODFCATON TO REGULATORY PERMTS. PURPOSE: MANTENANCE DREDGNG FOR NAVGATON LEGEND: 0 DETALS 4 1" = 4' TOWN OF OYSTER BAY DEPARTMENT OF PUBLC WORKS 150 MLLER PLACE SYOSSET, NY CANAL MOUTH DREDGNG N: COUNlY OF: NASSAU STATE: NEWYORK APPLCATON BY: DATE: 07/12/2017 de Bruin Engineering, P.C. 11 Union Avenue Bethpage New Yorko Fax 18 5

13 NAN~ EBR, NAN EBR, NAN EBR & NAN EBR NOTES NO VEGETATON ADJACENT TO MARNA, TRUCK ACCESS ROUTE, OR PARKNG FELD/DEWATERNG AREA SHALL BE DSTURBED AND/OR THAT ALL DSTURBANCE SHALL OCCUR ON EXSTNG PAVED SURFACES. PURPOSE: MANTENANCE DREDGNG FOR NAVGATON LEGEND: SECTON-BLOCl<-LOT TOBAY BEACH PARK DEWATERNG AREA PLAN ADDRESS TOBAY BEACH AND BOAT BASN OCEAN PARKWAY 1" = 100' MASSAPEQUA, NEW YORK TOWN OF OYSTER BAY DATl JM NOTE DEPARTMENT OF PUBLC WORKS ALL ELEVATON ARE N NAVO MLLER PLACE BATHYMETRC DATA S FROM A SYOSSET, NY SURVEY DATED AUGUST CANAL MOUTH DREDGNG N: COUNTY OF: NASSAU STATE: NEWYOR< DATE: 07/12/2017 APPLCATON BY: de Bruin Engineering, P.C. 11 Union Avenue Bethpage New York Fax 8 7A

14 NAN EBR, NAN EBR, NAN EBR & NAN EBR NOTES NO VEGETATON ADJACENT TO MARNA, TRUCK ACCESS ROUTE, OR PARKNG FELD/DEWATERNG AREA SHALL BE DSTURBED AND/OR THAT ALL DSTURBANCE SHALL OCCUR ON EXSTNG PAVED SURFACES. PURPOSE: MANTENANCE DREDGNG FOR NAVGATON ADDRESS TOBAY BEACH AND BOAT BASN OCEAN PARKWAY MASSAPEQUA, NEW YORK DATLJM NOTE ALL ELEVATON ARE N NAVD 88. BATHYMETRC DATA S FROM A SURVEY DATED AUGUST LEGEND: SECTON-BLOCK-LOT TOBAY BEACH PARK DEWATERNG AREA PLAN '' = 100' TOWN OF OYSTER BAY DEPARTMENT OF PUBLC WORKS 150 MLLER PLACE SYOSSE, NY CANAL MOUTH DREDGNG N: COUNTY OF: NASSAU STATE: NEW YORK APPLCATON BY: DATE: 07/12/2017 de Bruin Engineering, P.C. 11 Union Avenue Belhpage New York Fax _18 78