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1 US Army of New York District Jacob K Javits Federal Building New York, NY ATTN: Branch NAN ETA Issue Date: March 28, 2012 Expiration Date: April 28, 2012 Whom It May Concern: 1344). n""",men an application for a Department of the Army pursuant to and 404 the Clean Water Act (33 APPLICANT: Christopher Palma ACTIVITY: hlclnl;:lf'o a Off a a Pier Boat Dredge with LOCATION: Oceanside, Nassau New York. Adetc:liled rlo<>""",,,,,,, of are Onf'lnC'~r! to in which ro"""'''',hl>, toresee,:lole detriments. including the thereof; among are f'nnco,.,"!:lt"...n environmental wetlands, historic properties, fish and wildlife values, flood hazards, floodplain land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food fiber production, mineral considerations of property ownership in the and of!in.::...t'u::.c and Indian evaluate the of this proposed Any I"n"",,/1<:,ro/1 by of to determine whether to modify, condition or this make this decision, comments are used to assess impacts on endangered species, historic water quality, general and the other public interest factors listed above. Comments are used in preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Comments are also used to determine the need a public hearing to of '-=!..:.=~..:.=...:::::..:...!...!...:::=-==.!..~~:.!..!.:::...=..!!...!!..!!..!.!..!..::::.!..:...:::.!...!..!..!~!..-!.~:...:...:..::::...:...::.=, nthtmali,~o it will be presumed that Comments provided will become a part of the public record for this action. Any in writing, this public that a public be to information PLEASE USE THE is-character FILE NUMBER ON ALL CORRESPONDENCE

2 necessary to consider this application. for public hearings shall state, with the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered as carefully in the permit decision and bears same weight as fumished at a public hearing. Our preliminary determination is that the activity for which authorization is sought herein is not likely to affect any endangered or or their habitat. However, pursuant to 7 of the Endangered ~pecles Act 1531), the Engineer is consulting the Federal 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 Act (Public Law ), requires all Federal agencies to consult with the National Oceanic and Atmospheric Administration Fisheries Service (NOAAJFS) on all actions, or proposed actions, permitted, funded, or undertaken by agency, that may adversely affect 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 as a result of a temporary increase in turbidity during construction. However, New York made the preliminary determination that the site-specific adverse are not likely to be substantial because it is expected that fish populations would avoid the small area disturbance. Further consultation with NOAAJFS regarding 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 no known sites eligible for, or included in, the Register within the permit area. Presently unknown archeological, scientific, prehistorical, or historical data may by work accomplished under required permit. KI'!\fle\i1/S of of promulgated by Environmental Protection Agency, under authority Clean Water and the applicant will obtain a water or waiver from the ;:::>n,.."r",,,,,,,to agency in!>(,(,'"lrrl<:,,..,('o with Section 401 of the Clean Water to of the "'f't!lh"", under consideration that are coastal n!>",:>m.::>,nr program, the with, will in a manner that is public we are requesting the certification. No permit decision will be made until one of actions occurs. For activities within coastal zone of New York the applicant's certification and accompanying information is available from the Consistency New York State Department of of Resources Waterfront Revitalization, Management Program, Commerce 99 Washington Albany, New York 12231, Telephone 8) Comments regarding and of any letters to this office commenting this should be so In addition to any required and zone management concurrence, has obtained or requested the following governmental authorization for the activity under consideration: New York State Department of Environmental Conservation In order for us to better serve you, please complete our Customer located at: It is you to known you to be interested and who did not receive a copy of this notice. concerning this application, you 2

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6 5> o "~"~~~~'-j! Boardwalk Einhor Residence 3405 Ocean Avenue N Palma Residence 3397 Ocean Avenue Jet Ski lift rdwalk D'itizio Residence 3389 Ocean Avenue Proposed activities: 1, Fill in the 20' X 38' boat slip with 990 cys. of approved fill. 2, Remove pool and install new pool in boat slip area 3, Replace existing bulkhead and elevate by one foot, install 60' of Navy vinyl" C Loe" 9000 bulkhead, Install 20' of Navy vinyl" C-Loe" 9000 bulkhead to close off the existing slip, Install two 10' returns at either comer of the property. 4, Install a 4'X20' float, 3'X16' ramp with a 4'X6' centilevered deck, 5, Install 4 pile boatlift 6, Install iii double waverunner float or a pile double waverunner PWL lift. 7. Dredge to -4' feet a 10' X 80' (10 area adjacent to the bulkhead, 8. Dredge spoils (10 cys, to be kept on site and used to partially fill the boat slip, 9, Remove the existing bulkhead the boat slip and dispose of at an approved land fill. J, Morena SCALE REV 03

7 Einhor Residence 3405 Ocean Avenue N Palma Residence 3397 Ocean Avenue Oceanside, NY 1157 (I 38' )I D'itizio Residence 3389 Ocean Avenue Proposed aelivities:, Fill in the 20' X 38' boat slip with 990 cys, of fill. JobSile: 2, Remove pool and install new pool in boat slip area, 3397 Ocean Avenue 3, Replace existing bulkhead and elevate by one foot, install 60' of Navy C-Loc" 9000 bulkhead, Install 20' of Navy C-Loc" 9000 bulkhead to close off the NY Slip, Install two 10' returns at either corner ofthe property, 4, Install a 4'X20' float, 3'X16' ramp with a 4'X6' centilevered deck, 5, Install 4 pile boat/ift. 6, Install a double waverunner float or a pile double waverunner PWL Uft 7, to -4' feet a 10' X 80' (10 cys,) area adjacent to the bulkhead, REV 8, spoils (10 cys, to be kept on site and used to fill the boat slip, Revised 02/02/12 9, Remove the existing bulkhead in the boat slip and dispose it at an approved Lt 03 land fill, J, Morena 1 OF 3

8 Proposed activities: 1. Fill in the 20' X 3S' boat slip with 990 cys. of approved fill. 2. Remove pool and install new pool in boat slip area. 3. Replace existing bulkhead and elevate by one foot, install 60' of Navy vinyl" C-Loc" 9000 bulkhead. Install 20' of Navy C-Loc" 9000 bulkhead to close off the existing slip. Install two 10' returns at either comer the property. 4. Install a 4'X20' float, 3'X1S' ramp with a 4'XS' cantilevered deck. 5. Install 4 pile boahift. 6. Install a double waverunner float or a pile double waverunner PWL Lift 7, Dredge to -4' feet a 10' X SO' (10 cys.) area to the bulkhead. 8. Dredge (10 cys, to be kept on site and used to partially fill the boat slip. 9. Remove the existing bulkhead in the boat slip and dispose of it at an approved land fill. g",,,i,,,,,, 01/10/12 ACE Inc. J, Morena SCALE