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1. What is the FIMP project?

The Fire Island Inlet to Montauk Point (FIMP) Project is designed to reduce storm damage while maintaining or enhancing natural resources. 

The Fire Island Inlet to Montauk Point, NY (FIMP) Reformulation Study was completed in July 2020. 

The FIMP Project was authorized for construction in December 2020. 

The FIMP Project is now proceeding through design and into construction. Funds are available from the Hurricane Sandy Disaster Relief Appropriations Act of 2013, which provides 100% Federal funding for initial construction of the project. 

In order to proceed into construction, a Project Partnership Agreement (PPA) was entered into between the United States Army Corps of Engineers (USACE) and New York State in August 2021. The State executed similar agreements with Suffolk County and five towns (Babylon, Islip, Brookhaven, Southampton, East Hampton). 

The current PPA covers the initial construction phase of FIMP. The continued construction of FIMP, over 50 years, (with 30 years of renourishment) will be covered in a separate agreement. 

Construction began in September 2021 under Contract 1, which included dredging of Fire Island Inlet, and placement of sand on adjacent beaches. Contract 2, which includes dredging of Shinnecock and Moriches inlets and shoals with sand placement is underway and currently scheduled for completion in March 2023. 

Contract 3 of the FIMP Project is a structural contract for shore protection and beach renourishment work, to provide erosion risk reduction via Berm fill to the ocean shoreline, Dune restoration, augmentation of coastal resiliency with restoration of the barrier island, and enhance the overall barrier island and natural system coastal processes. Contract 3 includes offshore dredging and sand placement along the ocean shoreline, to construct an engineered beach and dune system, and offshore channel at Tiana Beach as part of a proactive breach response.

In addition to the proactive breach response, Contract 3 also includes two Coastal Process Features (CPFs #11 and #12) located on the eastern portion of Westhampton Island, west of Shinnecock Inlet and Shinnecock County Park West. CPF #11 is located along the Dune Road bayside shoreline and will consist of fill placement within the offshore channel and along the shoreline as well as groin removal. CPF #12 is located at Tiana Bayside Park and will consist of bayside fill placement along the channel and shoreline and burial existing gabions. 

It is anticipated that Contract 3 construction will commence in the End of Summer/Fall of 2025, although this schedule is subject to change, as actual timing will depend on when all real estate interests (easements) are obtained. 

For further details, please go to the FIMP website, www.nan.usace.army.mil/FIMP

2. What is an engineered beach and dune system?

An engineered beach and dune system provides coastal protection based on engineering calculations following extensive study by USACE. These calculations establish the appropriate width and slope of beaches and the size and location of dunes (where necessary) to protect New York’s shoreline. Engineered beach and dune systems are designed to provide protection from flood and wave damage caused by storms.

The FIMP dune line was determined by USACE taking into effect various factors including the costs and benefits of placing the dune line further south or north and determined the line that provided the best benefit for the cost. The alignment is not straight as it follows the natural contour of the land to match the existing topography.    

3. Will the geo-cubes/geo-tubes on the eastern border of Quogue be removed by USACE?

It is the intention of USACE to incorporate the existing geo-cubes/geo-tubes into the new dune structure.  If any trap bags are seaward of the new dune alignment, they will be removed.

4. If sand has accreted above the dune design elevation, will the Corps still add more sand on the dune?

Sand will only be placed up to the design elevations.  If the existing area has accreted above or to the design elevation at the time that the final design is completed, then no sand will be placed on that dune.

For more detail on the specific areas where dunes and berms are to be built, maps of the Project areas, as well as all Project documents, are available on the USACE website at: https://www.nan.usace.army.mil/Missions/Civil-Works/Projects-in-New-York/Fire-Island-to-Montauk-Point/

5. Why does USACE need to access to my property?

It is the responsibility of the Town to obtain access to all the real estate, in the form of perpetual easements, that USACE requires to construct Contract 3 of the Project within the Town of Southampton. In order to construct the dune and beach profile, various pre-construction and construction activities have to take place on approximately 85 private ocean-front parcels along the length of the Project. These activities require USACE, DEC, and the Town to have appropriate access on the parcels.

6. How were the required access areas determined?

After extensive engineering studies, cost benefit analyses and consultation with numerous regulatory agencies to assure the desired level of protection, a beach and dune template (location, height and width of sand placement) has been developed and approved for the FIMP Project. Because the beach and dunes must be built to this specific design template, sand must be placed on certain private ocean-front properties. 

7. What is the easement needed for USACE to construct and maintain the project?

Perpetual Beach Easement:  A Perpetual Beach Easement (“Easement”) grants a legal right to use a limited and clearly defined part of a privately owned property to build this Project. The Easement is termed ‘perpetual’ because as long as the Project remains authorized by Congress and functional, the Non-Federal Sponsors must maintain the ability to access the Project area to perform inspections and maintenance in order to ensure the continued benefit from the Project (see below for other key provisions of the Perpetual Beach Easement).  Property owners with mortgages will be required to work with their banks to subordinate their loans to the Easement.  There are two types of Perpetual Beach Easements: 1) where the easement area is free of all structures and 2) where the easement area contains a pre-existing structure(s) (such as walkways) which is permitted to remain, be maintained, repaired and restored subject to applicable Federal, State and local laws. 

Note about mortgages: A Subordination of Mortgage will be required for all Easement properties which have an existing mortgage. The property owner’s lender will be required to sign a simple agreement, provided by the Town Attorney’s Office, allowing the mortgage to be subordinate to the Easement. This is necessary to ensure that the Easement will stay in effect in the event of foreclosure.  When contract terms are met and title has been cleared, a deed or easement will be recorded at the Office of the County Clerk, and the landowner(s) will be paid the just compensation due.

Waiver:  The execution of all required Perpetual Beach Easements will be critical to allow this Project to proceed expeditiously. Federal Regulations provide that every property owner has the right to an appraisal for possible compensation in exchange for the granting of the Perpetual Beach Easement.  The Waiver document offers the owner an opportunity to waive the right for an appraisal and to donate the Easement to the Town. 

8. What are the key provisions of the perpetual easement?

• The Easement will specifically describe the portion of the property where the designed beach and dune system will be placed, i.e. the Easement Area.
• The property owner retains title to the entire parcel, however, this specifically identified and described portion will be subject to the conditions of the Easement. 
• The Easement is only for the placement of sand, dunes, vegetation and fencing on private property and specifically states that it will allow the Town, DEC, USACE and their representatives, agents contractors and assigns “to construct, preserve, patrol, operate, maintain, repair, rehabilitate, and replace a public beach, and other erosion control and storm damage reduction measures together with appurtenances thereto, including the right to deposit sand, to accomplish any alterations of the contours on said land, to construct berms and dunes, and to nourish and re-nourish periodically.” 
• No grading, excavating or placement of any structure or material will be allowed in the Easement Area by the property owner, except for dune overwalks, which must comply with specific design criteria to maintain vertical separation of the overwalks from the dune, which will allow the dune and plantings to thrive.  The overwalk reconstruction costs will be reimbursed through the appraisal process and allow the homeowners to reconstruct these walks upon completion of the project dune and berm.
• Pre-existing structures that are located wholly north of the landward crest of the dune (such as a dune walkway) may remain in the Easement Area.  Whether pre-existing structures that are not wholly north of the landward crest may remain will be determined on a case by case basis, via a boundary and topographic survey to be performed on each property. 
• The Easement Area will remain private property, but will be subject to Federal regulations which require that the public be able to have access to all portions of beaches on which federal money is spent for a beach construction project.  
• The public will have access to the beach (berm) area south of the Easement Area. Moreover, the easement area is south of the crest of the dune and subject to an existing easement in favor of the public.  See, Dolphin Lane Assocs. v. Town of Southampton, 37 N.Y.2d 292, 297 (1975) (“there is an easement in favor of the public between the high-water mark of the Atlantic Ocean and the southerly top of the sand dunes ...”). 
  
• An owner of property does not assume additional liability by granting an easement to another person or entity. Any contractor entering the property during the Project will have insurance to cover any damages to the property or for any injuries resulting from the work.

9. Can structures be relocated?

In some cases, private ocean-front properties may have pre-existing structures (such as a deck) that compromise the proposed dune template. The options available to property owners in this situation will depend upon the degree and location of the structure’s impact, the configuration of the lot, and whether the structure itself is capable of being relocated.

Process:  Once the surveys are completed, all parcels with structures that encroach south of the northern landward crest of the new dune template will be identified. Depending upon the elevation and location, these structures may need to be relocated, modified or removed.  In all these instances, an appraisal will be necessary.

Structure Modification/Removal:  If a portion of a pre-existing structure, such as a deck or a pool, is found to compromise the dune template and there is no room on the existing lot to relocate or modify the structure to avoid compromising the dune template or it may be too costly to relocate the structure, it may be necessary to remove the structure.  If it is determined that a portion of a pre-existing structure such as a deck or a pool may be relocated to another portion of the existing lot, the compensation offered to the owner will include an amount to relocate such structure which is commonly referred to as a “cost to cure.”  The cost to cure is in addition to the amount determined by an independent appraiser to be the just compensation for the easement.  The actual relocation of the partial structure will be the responsibility of the owner.   

10. What is the process for the town to acquire easements?

1. Survey:  Surveyors will be hired by the Town to undertake surveying work, including but not limited to preparing surveys, determining metes and bounds of the dune easement within each parcel, and other documentation needed so the Town can complete appraisals and easement acquisitions in order to establish the dune and berm construction. 
2. Appraisal:  Appraisers will be hired by the Town that are certified general appraisers and their qualifications will be pre-approved by USACE.  Appraisals will be prepared to federal appraisal standards and subject to review and acceptance by USACE.  The appraisals must be prepared in accordance with “Uniform Appraisal Standards for Federal Land Acquisitions” and “Uniform Standards for Professional Appraisal Practice” (USPAP).  The appraisal will determine the current fair market value for acquisition of easements. Property owners will be invited to accompany the appraisers during their property inspections.
3. Offer Letter:  The fair market value of a property will be determined by the appraisal.  Once the appraisal is complete, the Town will mail an Offer Letter to the property owner offering the appraisal value for the property.
4. Easement Documents (Voluntary):  If the value of the appraisal is agreed to by the Town and the Owner, the Town will complete an examination of title and prepare the Easement documents.  The Town will work with the property owner to address any title issues and will prepare all Easement documents. After the Easement is recorded at the Office of the County Clerk, the landowners will be paid any agreed upon compensation.
5. Agree on Value:  The Town will make every effort to acquire real property by mutual agreement to value. If an agreement is reached, a contract will be executed and a sit down or mail closing will be conducted at which time the landowner will be paid the appraised value of the property.  The easement or deed will be recorded at the Office of the County Clerk. 
6.  Failure to Agree on Value:  If agreement cannot be reached, the Town is required to begin judicial proceedings to acquire the easement by eminent domain, in accordance with the New York State Eminent Domain Procedure Law.  A map and legal description will be filed at the Office of the County Clerk and title will vest in the Town upon recording.  If the property owner files a claim for greater compensation within the time provided in the Court order vesting title to the easement; just compensation will be determined in New York State Supreme Court.

11. What is the schedule for easements, acquisitions and construction?

1. Surveys: Surveys are expected to be completed over the 2023 Spring/Summer season.
2. Title Search: A title search will be undertaken by the Town during the survey process and completed prior to recording of the easement.
3. Easements:  Final documents for execution of the Perpetual Beach Easement will be distributed to each property owner after surveys have been completed and the exact descriptions of the required Easement Area have been included in their specific Easement document. Once executed, the Easements will be recorded in the County Clerk’s Office as part of the property record.
4. Waivers: A prepared Waiver will be sent to the property owner at the same time as the prepared Perpetual Beach Easement document.  At that time, they will have the opportunity to execute the Waiver and thereby donate their Easement to the Town.
5. Appraisals:  Appraisals will be conducted if a Waiver was not signed once the surveys are complete.  
6. Relocation or modification of a partial structure:  Once local permitting agency approvals are obtained, a final appraisal will be obtained and the owner will receive an offer of the highest approved appraised amount which will include a cost to cure for relocations of partial structures.  The owner may then retain its own contractor to perform the modification or relocation of the partial structure such as a deck or a pool.   
7. Transfer of easement: If a mutually agreed upon value can be reached after the appraisal process, transfer of the easement should be relatively straight-forward and quick.  If agreement cannot be reached, the Town is required to begin judicial proceedings to acquire the easement by eminent domain, in accordance with New York State Eminent Domain Procedure Law. A petition will be filed with the Court seeking a vesting order which transfers the easement to the Town.  After a vesting order is issued, a map and legal description will be filed at the Office of the County Clerk and the easement will vest in the Town upon recording.  If the owner brings a claim for greater compensation within the time provided in the vesting order, just compensation will be determined in the New York State Supreme Court.    
8.  Payment: For those parcels with accepted offers, payment will be made at the time of the closing.  The Easement will then be recorded.   For parcels where offers have not been accepted, payment will be made when vested title is recorded and title issues are cleared, or if a claim is filed, when the matter is settled in court.
9. Construction Start:  FIMP Contract-1 and Contract-2:  Dredging of Fire Island, Shinnecock and Moriches inlets and shoals with sand placement on Gilgo Beach and Robert Moses State Park is underway and scheduled for completion in March 2023.
   
   FIMP Contract-3:  It is anticipated that construction will commence in the end of Summer/Fall of 2025. These schedules are best estimates based upon when all real estate interests will be obtained and are subject to change.    

12. Who can we contact if we have more questions?

Southampton Town Attorney’s Office
James Burke, Town Attorney
Kelly Doyle, Assistant Town Attorney
Town Hall
116 Hampton Road
Southampton, NY 11968
(631) 287-3065
Email:  jburke@southamptontownny.gov 
             kdoyle@southamptontownny.gov
              ngentzel@southamptontownny.gov

U.S. Army Corps of Engineers
Mark Lulka, USACE Project Manager
New York District
Programs and Project Management Division
26 Federal Plaza
New York, NY 10278
(917) 790-8205
Email:  FIMP-Info@usace.army.mil

LINKS FOR ADDITIONAL INFORMATION:
FIMP website:    
www.nan.usace.army.mil/FIMP

USACE Overall Project Briefing, August 2022
https://www.southamptontownny.gov/DocumentCenter/View/26558/FIMP-Overall-Project-Briefing-to-Communities---Aug-2022?bidId= 

Video of FIMP Presentation, Village of Quogue:
https://youtu.be/HyhncYqhiZc