Environmental Management and Construction Plan

Appendix B

Project Permits and Approvals

Appendix B

Table of Contents

I. NYSDOT Utility Permit Application……………………………………………..1

II. NJDEP Modification of In-Water Waterfront Development Permit/Upland Waterfront Development Permit/State Freshwater Wetlands General Permit #2 and #14/Acceptable Use Determination/Water Quality Certificate……………...23

III. USACE-New York District Permit….…………………………………………...52

IV. NYCDEP Acceptance and Approval Letters…………………………………...113 March 1, 2010

Mr. Joseph T. Brown, P.E. Route 9A Project Director New York State Department of Transportation 21 South End Avenue New York, NY 10280-1044

RE: Hudson Transmission Partners Utility Permit Application 345 kV Electric Transmission Line Joe DiMaggio Highway (12th Ave.) 52nd Street to 49 th Street Borough of , , NY Our Project Number 070858202

Dear Mr. Brown:

CMX is working on behalf of Hudson Transmission Partners (HTP) to process applications and obtain permits from the New York City Department of Transportation Division of Franchises and the New York State Department of Transportation Route 9A Office for t he construction of a portion of the electric transmission line noted above on the west side of Manhattan.

HTP is requesting a utility permit from NYSDOT for the work to be completed on Joe DiMaggio Highway (Route 9A, 12th Avenue) from 5200 to 49th Streets in Manhattan, New York . As requested, we are prov iding the following details in support of our application.

1) Description and purpose of proposed construction work or activity.

Installation of an und erground duct bank with 345 kV electric power cables under West 52nd Street for a distance of approximately 655 feet, as a portion of the HTP Project. The entire New York City cable route begins at a coffer dam in the west and north of Pier 92 and continues easterly under the river and under Joe DiMaggio Highway to a submarine cable transition pit located approximately mid-block in 52nd Street between Joe DiMaggio Highway and 11th Avenue. From the transition pit, it reverses direction and continues westerly along 52nd Avenue to Joe DiMaggio Highway, where it turns southward along 12th Avenue, generally in the easterly sidewalk area, and extends to the Con Edison 49th Street substation located on the east side of Joe DiMaggio Highway between 49th and 50th Streets. The total route is approximately 1,800 feet from the coffer dam to the transition pit and approximately 915 feet from the transition pit to the Con Edison substation.

2) Proposed construction/activity schedule.

The construction of the power ca bles between the coffer dam in the Hudson River and the submarine cable transition pit will be completed using Horizontal Directional Drilling (HDD). It is estimated that the HOD will require a 12-hour work pe riod, six days per week for approximately 90

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Tt l. 73 2 . 577 .9000 I f'AX 732.577 .9888 I WWW.CMX~NG IN~~RING.COM 1 070858202 Mr. Joseph T. Brown, P.E. Utility Permit Application for Joe DiMaggio Highway Hudson Transmission Partners March 1, 2010 Page 2

ca lendar days. Thereafter, three 24-hour days will be required to complete the duct pull- back - one day to set up, one day for the pUll-back, one day to take down the set-up.

The construction of the remainder of the power cables from the submarine transition pit in 52"0 Street to Con Edison's 49t1l Street Substation along the easterly sidewalk of Joe DiMaggio Highway will be completed using Open Trench Construction (OTC). It is estimated that th is work will be completed over a period of 90 to 150 calendar days.

Draft traffic stipulations for OCMC - highways and streets have been added to the construction plans and specifications and are also included in this submission package.

The construction schedule which describes the sequence of operation is enclosed.

3) Proposed work zone on street location diagram.

The enclosed plan set shows the location of the proposed work zone.

NYCDEP and Con Edison reviewed plans as part of the Revocable Consent Application process. Their comments have been addressed and revised as per attached letters.

Comments regarding roadway pavement panel layout and trench location have been addressed on the permit plans.

4) Facility owner and point of contact: name, address, phone numbers and email.

Facility Owner: Hudson Transmission Partners (HTP) 501 Kings Highway East Fairfield, CT 06825 Contact: Mr. Christopher Hocker, Vice President of Planning; Alternate Contact: Mr. Charlie Micciche Email: [email protected] Phone: (203 ) 416-5590

5) Permit applicant/contractor point of contact: name, address, phone numbers and email.

Permit Applicant Point of Contact - Same as Faci lity Owner. Contractor Point of Contact - To Be Determined.

6) Satisfy NYSDOT insurance requirements and provide permit applicant/ facility owner and/or contractor Certificate of Insurance with additionally insured entities as per Attachment A.

Surety bond will be provided by HTP once the amount is determined.

Insurance Certificates for Prysmian Cable & Systems and CMX are enclosed.

The Contractor is req uired to provide an Insurance Certificate as part of the project specifications.

2 070858202 Mr. Joseph T. Brown, P.E. Utility Permit Application for Joe DiMaggio Highway Hudson Transmission Partners March 1. 2010 Page3

7) Attach proposed work plan, construction phases and duration for each construction phase.

Horizontal Direct Drilling (HOD) The HOD portion of the cable work will extend, approximately 1800 feet. from 5200 Street to a coffer dam located in the Hudson River, immediately north and west of existing Pier 92. Three drills will be used to bore into the sidewalk and roadway of 5200 Street. approximately 50 feet from the easterly curb line of Joe DiMaggio Highway. continuing underground diagonally across the 52nd Street intersection with Joe DiMaggio Highway (Route 9A, 12th Avenue) through the bulkhead line. and under the river along the pier, finally emerging in the coffer dam near Pier 92. It is estimated that the HOD will require a 12-hour work period. six days per week for approximately 90 calendar days. Thereafter. three 24-hour days will be required to complete the duct pull- back - one day to set up, one day for the pull-back, one day to take down the set-up.

Because of the physical constraints on the set-up of the equipment and the necessary alignment of n the drill bores, it will be necessary to close 52 o;l Street while the work is completed for the southernmost bore, Drill #3. Eastbound vehicular traffic will be detoured to 50th Street and 54th Street. Access to properties will be available from 11th Avenue. Temporary concrete barrier with appropriate end treatment will protect the work area.

During construction of the middle and northernmost bores (Drill #2 & Drill #1 respectively), a single lane, 14 feet wide, will be maintained at all times adjacent to the work area on 52noStreet. Temporary concrete ba rrier wit h appropriate end treatment will protect the work area.

Pedestrian access will be maintained at all times along 5200 Street, although the sidewalk on the north side of 5200 Street will be closed and pedestrians diverted to the southerly sidewalk.

Open Cut Construction (OTC) Once the HOD has been completed. OTC will be used to construct the remainder of the system. approximately 915 feet. to the Con Edison Substation on the east side of Joe DiM aggio Highway midway between 49th and 50th Streets. OTC will be used to construct the transition pit and the fluid vault in 52noStreet and to construct the duct system from the drill head to the transition pit, from the transition pit down 52noStreet to Joe DiMaggio Highway, and along the east side of Joe DiMaggio Highway (sidewalk and curb lane) from 5200 Street to the Substation. It is estimated that this work will be completed over a period of 90 to 150 calendar days.

During construction, a single lane, 14 feet wide, will be maintained at all times adjacent to the work area on 52nd Street. Temporary concrete barrier with appropriate end treatment will protect the work area during piVvault construction. Pedestrian access will be maintained at all times. although the sidewalk on the north side of 52nd Street will be closed and pedestrians diverted to the southerly sidewalk.

3 070858202 Mr. Joseph T. Brown, P.E. Utility Permit Application for Joe DiMaggio Highway Hudson Transmission Partners March 1.2010 Page 4

AlongJoe DiMaggio Highway, the parking lane and the northbound right travel lane and the easterly sidewalk will be closed on a block-by-block basis from 49 th Street to 52nd Street. Pedestrians will be diverted to the westerly sidewalk at established crosswalks.

Additional comments have been addressed in the permit plans, specifications and or construction schedule.

8) Provide construction drawings that detail full extent of construction activities proposed to occur on Rte 9AjWest St and include at minimum: Limits of disturbance/excavation and repair details including: general plan; excavation plan/details; sheeting/structural details; sidewalk, bikeway and/or median disturbance or excavation limits & repair details; landscape details; pavement removal/repair details; utility work plans/details; maintenance and protection of traffic plan and detail drawings of all other proposed construction activities on Rte 9A/West St. All construction drawings are to be stamped by Professional Engineer.

Construction Plans for the project are attached.

9) NYSDOT design and construction standards and construction material specifications must be met for all construction work proposed on Rre 9AjWest St. and are available on the NYSDOT web page.

NYSDOT design and construction standards and construction material specifications have been incorporated onto our drawings.

10)Attach NYCDOTpermit. If NYC permit is pending, provide draft stipulations and final NYCDOT permit when issued.

The draft traffic stipulations from the NYCDOT have been incorporated into the permit plans and specifications. A Revocable Consent Petition has been submitted to the NYCDOT and is currently under review.

11) Work Zone Traffic Control (WZTC) plans should be prepared in accordance with the National MUTCD and NYS Supplement and stamped by Professional Engineer.

Work Zone Traffic Control plans have been prepared in accordance with National MUTeD and NYS Supplement.

Pedestrians will not be detoured across West Street (12th Ave.). Plans were revised and reviewed by NYCDOT-OCMC.

12) For additional guidance regarding pavement repair requirements, see Attachment B.

Pavement restoration requirements have been addressed in the permit plans and specifications.

4 070858202 Mr. Joseph 1. Brown, P.E. Utility Permit Application for Joe DiMaggio Highway Hudson Transmission Partners March 1, 2010 Page 5

Enclosed are one original and four copies of the following:

• Project Information • Construction Schedule • Draft 12th Avenue Traffic Stipulations-OCMC Highways •Draft 52nd Street Traffic Stipulations-OCMC Streets • Certificate of Insurance-Pyrsmian • Certificate of Insurance-CMX • NYCOEP Comment & CRS Letter • Con Edison Review Response • Permit Plans (signed/ sealed) - CMX Open Trench Design Plans (Sheets 1-13, 19-31 of 31) • Perm it Plans (signed/ sealed) - Brierley Associates HOD Design Plans (Sheets 1-7 of 7) • Construction Specifications - Open Trench • Geotechnical Report • Phase I Environmental Site Assessment Report • Phase II Environmental Site Assessment Report • Horizontal Drill Design Report • Hydraulic System Report

In addition, one (1)CD of the complete submission package and a copy of the draft review comments dated December 15, 2009 are enclosed.

Please do not hesitate to contact me at 732-577 -900 0 ext 526 or [email protected] with any questions and/or comments . Thank you for you r assistance and cooperation in t his application.

Very truly you rs,

CMX

Frank A. Frega, P.E., PMP Project Manager

FAF/ GN pjb c: Evette TouJis, NYSDOT, w/ enclosures Christopher Hocker (Hudson Transmission Partners) Walter Kubis (Prysmian Cable & Systems) John Dax (Oax Law Firm) Nathan Kelley (Prysmian Cable & Systems) Robert E. Stevens (Curtis Thaxter) Charles Micciche (Hudson Transmission Partners) Tricia Reduble, George Afful (CMX)

L:\project\2007\0 708582\0 2\Permit Information\NYSDOT\2_Permit Information ror Occupaocy\NYSOOTPermit Reques,,-030110.doc

5 Attachment to Utility Permit Application

Hudson Transmission Partners, LLC (HTP) Proposed 345kV Underground Duct Bank and Electric Power Cables Segment 4 of the HTP Cable Project Project Information February 22, 2010

Project Description

This project will construct utility infrastructure for the transmission of 345 kV of electric power from an electric substation owned by Public Service Electric and Gas in Ridgefield, across the Hudson River to the Con Edison Substation on 12th Avenue between 49th and 50th Streets. The developer, HTP, will be working with Prysmian Cables & Systems, Inc. who will be providing the cable & equipment and construction management services for the project.

A 345 kV underground duct bank and electric power cables comprise Segment 4 of the HTP Cable Project in New York City. The route begins in New York City at a coffer dam in the Hudson River west of the pier line and north of Pier 92, and continues easterly under the river and under Joe DiMaggio Highway-Route 9A (12th Avenue) to a submarine cable transition pit (chamber), located under 52nd Street between 11th and 12th Avenues, approximately 70 feet east of the 12th Avenue curb line. From the transition pit, it reverses direction and continues westerly along 52nd Street to 12th Avenue, where it turns southward along 12th Avenue, generally in the easterly sidewalk area, and extends to the Con Edison 49th Street substation, located on the east side of 12th Avenue between 49th and 50th Streets. The total route length is approximately 1800 feet from the coffer dam to the transition pit and approximately 915 feet from the transition pit to the Con Edison substation.

Horizontal Direct Drilling (HDD)

The HDD portion of Segment 4 will extend, approximately 1800 feet, from 52nd Street to a coffer dam located in the Hudson River, immediately north and west of existing Pier 92. Three drills will be used to bore into the sidewalk and roadway of 52nd Street, approximately 50 feet from the easterly curb line of Joe DiMaggio Highway, continuing underground diagonally across the 52nd Street intersection with 12th Avenue through the bulkhead line, and under the river along the pier, finally emerging in the coffer dam near Pier 92. It is estimated that the HDD will require a 12-hour work period, six days per week for approximately 90 calendar days. Thereafter, three 24-hour days will be required to complete the duct pull- back – one day to set up, one day for the pull-back, one day to take down the set-up.

Because of the physical constraints on the set-up of the equipment and the necessary alignment of the drill bores, it will be necessary to close 52nd Street while the work is completed for the southernmost bore, Drill #3. Eastbound vehicular traffic will be detoured to 50th Street and 54th Street. Access to properties will be available from 11th Avenue. Temporary concrete barrier with appropriate end treatment will protect the work area.

6 1 During construction of the middle and northernmost bores (Drill #2 & Drill #1 respectively), a single lane, 14 feet wide, will be maintained at all times adjacent to the work area on 52nd Street. Temporary concrete barrier with appropriate end treatment will protect the work area.

Pedestrian access will be maintained at all times along 52nd Street, although the sidewalk on the north side of 52nd Street will be closed and pedestrians diverted to the southerly sidewalk.

Open Trench Construction (OTC)

OTC will be used to construct the remainder of the system, approximately 915 feet, to the Con Edison Substation on the east side of 12th Avenue midway between 49th and 50th Streets. OTC will be used to construct the transition pit and the fluid vault (chamber) in 52nd Street and to construct the duct system from the drill head to the transition pit, from the transition pit down 52nd Street to 12th Avenue, and along the east side of 12th Avenue (sidewalk and curb lane) from 52nd Street to the Substation. The underground fluid vault will contain hydraulic tanks and control systems to maintain the internal hydraulic pressure of the self contained fluid filled 345 kV submarine cables and maintain a supply of the fluid during emergency conditions. It is estimated that this work will be completed over a period of 90 to 150 calendar days.

During this construction, a single lane, 14 feet wide, will be maintained at all times adjacent to the work area on 52nd Street. Temporary concrete barrier with appropriate end treatment will protect the work area during pit/vault (chamber) construction. Pedestrian access will be maintained at all times, although the sidewalk on the north side of 52nd Street will be closed and pedestrians diverted to the southerly sidewalk.

Along 12th Avenue, the parking lane and the northbound right travel lane and the easterly sidewalk will be closed on a block-by-block basis from 49th Street to 52nd Street, except at the entrance to the Con Edison substation. Work at the entrance to the substation will require the closure of an additional northbound travel lane between 49th and 50th Streets. Pedestrians will be diverted to the westerly sidewalk at established crosswalks along 12th Avenue.

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7 2 .Feb,n 2010 11:00AM No, 2727 p, 3/16 0

NEW VOilK CllY ...... Department of Transportation iiiJW.

February 18,2010 Mr. Frank Frega, PE, PMP CMX \ Justin Corporate Center , 200 State Highway Nine ... P.O. Box 900 Manalapan, NJ 07726-0900

Re. Draft Permit Cover Letter NOTE: Final Lane Closure Hours are $ubjectto NYCDOT Review & Adjustment Hudson Transmission Project for the Installation of an Electrical .' "I.;,,, Transmission Cable from New Jersey to an Electrical Substation (.. ,i,' ,i Facility on Route 9A (aka West St, 12'h Avenue) between W 4911\ St &W 50th St

Borough of Manhattan

Dear Mr. Frega:

Please find allacheQ a NYCDOT/OCMC-Hlghways Draft Work Permit. It Is provided as a guide to contractors that may .be bidding on the contract for the upcoming Hudson Transmission Partners Project. The permit stipulations and permilled lane closure hours are based on our review of our traffic volume date and earlier meetings with you and your staff.

Please find attached the Draft Work Permit concerning the aforementioned project for PSE&~. and Its future duly authorized representative to for the Installation of an electrical transmission cable from New Jersey to the electrical SUbstation facility on Route 9A (aka West St, 12'h Avenue) between West 49th Street and West 50'" Street, to restrict the flow of traffic on Northbound Route 9A between West 4911\ Street and West 52'· Street to complete this Installallon.

Please bear In mind that one of the locations is on the local street system: West 52"" Street 1h between Route 9A (West Street) and 11 Avenue and that OCMC-Streets Division has reviewed the documents that your office has provided and already Issued general stipulations (e.g" hours of work and lane closures) for this area on the local street grid. However, work on the local street system at this one location will require application for separate computerized street permits from the OCMC-Streets Division. The stipUlations provided in this draft permit will serve as guidelines.

In addition, please note the following specific stipulations: Under Stipulation #6 the Permittee is required to maintain a standard 5-ft wide pedestrian path within east sidewalk & the North-South crosswalks of Northbound Route 9A at all times. If work requires temporary full closure of pedestrian paths and/or crosswalks for a limited time, the Permittee may apply for a permit amendment for off-peak work hours, with an MPT plan per MUTCD for review & approval by OCMC-Hlghways. COOT reserves right to stipUlate for flaggers and/or NYPD Traffic Enforcement Agents (TEAs) as deemed necessary. Under Stipulation #7 the Permittee is required to maintain 1 out of 2 taxi stands on NB Route 9A between West 4911\ and West 52"" Streets at all times.

NYC Depa.rtment ofTranGPort.atlon aureau of Pennlt Management and ConslruGtlon Control 55 Water StrElel, New York, NY 10041 T: 212·839·9643 F; 212-839·8966 www nyc goy/dol

8 Jeb,n 2010 11:00AM No, 2727 p, 4/16 0 \,.

If you have any questions, please do not hesitate to contact Conn Mac A09ain of my office at 212-839-9613.

Sincerely yours, ~,O ()

Edward D. Campbell Deputy Executive Director aCMC - Highways

CM@2/10/10 e:\Projecl Managers\conn\CoverLetterDraflPermll-Hud90nTransProjecl

cc: Noto, Dagher, MacAogain, File

9 Feb,n 2010 11:00AM No, 2727 p, 5/16 0

N~W YORk CITY ...... ~artmentof Transportation iiiHiiiJii JANETTESADiK-KlW<. ~

Permittee Name, _ Date_' _ Permittee Address, _ HCP,'------_

. ,i: Attn: Tel,; ,

Re: HUSDON TRANSMiSSiON PROJECT Installation of an Electrical Power Transmission Cable Traversing Beneath the Hudson River & Making Landfall In the VIcinity ot West street & West 50'h street Route 9A (West Streetfl21h Avenue) (betweenW. 49 'h st. 8< W. 50'h St.)

_Borough ot Manhattan

DRAFT WORK PERMIT

Permission Is, hereby granted to the ,Public Service Electric and Gas and its duly Qutholize,d representative, ' • to enter upon and,restrict the flow of traffic on RQute 9A (West street, 121h Avenue) (or the purpose of installing landfall and electrlcol sUbstation facility,linkage,for the New York' City' grid Including full roadway pavement ond sidewalk pavement restoration to New York state Department of Transportation specifications, together With all work Incldentol thereto. subject to the following stipulations:

1. This Permit shall be in eHect as of '-----'-'---__~~~~,

2. This permit must be present on site when the dpproved work is being performed.

3. In the event of a strike against the NYC Transit no lane or ramp closure will be permitted.

NYC DBpartmen,t of Transportation Bureau of Pennlt Management and Con!Sllructlon Co,Ural 55 wale'St,ee', New Yo,k, NY 10041 T: 212·639·9643 F: 212.639',6966 www.nyc.gov/dot

10 /eb,n 2010 11:00AM No, 2727 p, 6/16 0

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Public Service Electric and Gas Date of Permit Issue Hudson Transmission Prolect HCP-

4. IN AN EMERGENCY, the Regional Construction Engineer shall issue a NOTICE OF EMERGENCY and shall take the necessary measures to protect the public as he assesses them. It is URGENT that he IMMEDIATELY notify the New York City Department ot Transportation Control Room (212-442-7070), Transcom (1-800-Traftic). The New York City Police Dept. (Trattic Division 212-374-6930, Fax #212-608-1018) and the respective Patrol Borough and Highway Satety Officer at the telephone numbers and fax numbers listed below: , BOROUGHS NAMES TELEPHONE FAX NUMBER Manhattan P.D. Desk Officer (718) 822-5804 (718) 822-5811 Manhaltan Patrol North P.D. Desk Otticer (212) 678-1851 (212) 866-0102

A) The City will. as necessary, notify its response team. The Office of Construction Mitigation and Coordination (OCMe) has been designat<3d to critique the determinations reached and the trattic maintenance actions to be taken and recommend changes as deemed warranted', WHeh an emergency is declared to assure the safety of the public and the adjacent transportation corridor, work Is to be performed utilizing extended and mUltiple shifts until the condiflon is stabilized and an acceptable traffic pattern Is establlshe,d.' Repairs shall continue on d regular recurring dally basis unfll the condition Is corrected andfhenormal fraffic pattern , is resfored.

B) IN NON EXTREME EMERGENCY SITUATIONS, a faxed notification form must occur. During the hours of 8:30 AM to 3:30 PM Monday to Friday (including holidays) fax to 212-442-385_0539. For all other times fax the notification form to 212-676-631 6. The permitted lane c1osures;dreas follows:'

I) The Permittee may close lanes in accordance with the times and conditions set forth in this Permit. Should a full closure be required, a meeting to discuss the situation and options involved must be set with the Ottice of Construction Mitigation and Coordination. A detour plan Is required for full closure including layout for all traffic contract devices (signs, cones, signals, ele,) and traffic impact analysis (if needed).

11 Feb,n 2010 11:00AM No, 2727 P,7/16 0

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Public SeNlce EleclrlQ and Gas Date of Permit Issue' Hudson Transmission Prolect HCP-

4. (cQntinued)

II) FQr all IQcal streets, the Permittee may QCcupy the curb lane 01 times consistent with the posted parking regulations, The Permittee may also occupy a travel lane on local streets on Weekdays (excluding holidays) during the hours at 9:00 AM to 4:00 PM, While providing a minimum atone eleven foot (11') lane for each directiQn of traffic, The number of traveled lanes shall not be reduced by more than one (1) in each direction, For streets pQsted with rush hour regulations, the hours are restricted tQ 10:00 AM to 3:00 PM, At heavily trafticked locations these hQurs may be modified as deemed necessary by Ihe New York City Department of Transportation,

III) Noise intensive operations In proximity fo residential areas , shall be restricted.to daytime hours, only ~ 8:00 AM to 6:00 PM Qn weekdays (excluding holidays) and 9:00 AM to 5:00 PM Qn Saturdays, Sundays, andHolidays,

IV) Significant lane c1Qsuresof Arterial Highways where at anytime two thirds (2/3) Qf the .number of roadway lanes are closed between 1:00 AM and 6:00 AM or fifty percenf (50%) or more of the roadway lanes are closed at other ,times, notification shall be given tQ the public via the placement of Variable Message Signs (VMS) 7 days prior to the actual closure, when possible.: "

The Permittee Is allowed to narrQW service, roads and ramps outside permit hours prQvidedthat:

a, The number of lanes is not reduced, b, ,The width Qf each lane is a minimum of eleven (11) feet-except where commercial traffic Is present; fhe minimum widlh, must be no less than eleven (feet). c, There Is no impact on normal traffic flQw, If traffic is not moving at Its normal pace, the narrQwing will not be permitted, ,d. "Noise restrictions will still apply",

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Public SeNlce Eleelrlc and Gas Date of Permit Issue Hudson Transmission Proleel HCP-

5 The Permittee may close one (1) or two (2) northbound lane(s) on Route 9A (aka 12th Avenue or West St.) between West 48th Street to West 50th Street to vehicular trattlc as lollows (of the lanes that are to remain open, each must have a width of 11 feet):

NORTHIlOUND ROUTE 9A (between West 48 th Street & West 50 th Street)

Weekdays' Salurdays Sundays , Single Lane Closure 9:00 AM -2;00 PM no daytime hours no daytime hours

11:00 PM - 7:00 AM 12;01 AM - 10:00 AM 12:01 AM - 1;00 PM

Double Lane Closure 12:01 AM - 6:00. AM 2;00 AM - 8;00 AM 2;00 AM - 10:00 AM

• For weekday work periods that begin In the PM and end In the AM, the work periods ore nightly. beginning on Sunday night ond ending on Frldoy morning,

6 The Permittee must maintain 0 pedestrlon pathway with 0 minimum width of five (5) feet along the eastern side of northbound Route9A (West Street) at 011 times. This pedestrian pathway can be withIn the sidewalk area or It can be a protected pedestrlon pathway within the area of the eastern parking lane of northbound Route 9A (West Street). The Permlltee must also maintain a pedestrian pathway with a minimum width of five (5) feet within the· areoofthe north-south pedestrian crosswalks on the eastern side at Route9A (West Street) at West 50lh Street; West 51'1 Street and West 52nd Street.

If the nature of the Permltte's work requires the Permlltee to fully close the aforementioned sidewalks and/or pedestrian crosswalks for limited amounts of time, the Permittee may apply lor dn Amendment to this Permit tor off-peak traffic work hours. Any permit amendment opplicatian lor off-peak lull closure 01 pedestrian sidewalks and/or crosswalks will require the Permittee to provide a Maintenance and Proteellon of Traffic Plan (MPT) lor review and approval by the New York City Department of Transportatlon­ aCMC Highways with warning signs· and traffic safety devices that will be provided. Installed, maintained and removed by the Permittee In accordance with the Federal Manual of Uniform traffiC: Control'Devices. New York City Department of transportation reseNes the right to sllpulate the provision of any flaggers and/or NYPD Traffic Enforcement Agents as It deems required for any short-term off-peak.full closures of sidewalks and/or pedestrian crosswalks.

7 . The Permittee shall maintain the 'structure,. and motor vehicle access to, one (1) out 01 the two (2) taxi stonds on northbound Route 9A (West Street) between West 49 th Street and West 52nd Street at 011 times and fully restore both taxi stand struelures to their original condition at their originallocalion When the project completed.

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Public Service Electric and Gas Date ot Permit Issue Hudson Transmission Prolect Hep-

8 Transient mobile operations that require occupancy of a single lane by a slow­ moving vehicles with a backup trUck andno coning in order to do work such as markings or pothole fill,shall,be allowed between West49'h street and West 54lh Sfreef as follows:

'Mo.nday to Fridoy 10:00 AM to 3:00 PM

• 9 • The Confractor shall not transport equipment across fhe highway af grade, excepf during permiffed lane closing hours. The crossing shall be accomplished wlfhin a maximum time of five (5) minutes, at intervals spaced to aVoid excessive backups of traffic.

10 For ,-Ihe ,construction of ufillties (water" drainage, gas & electric) af the Norfhbound or Southbound Route 9A intersection With thecross streets, the cross streets may be closed after obtaining separate no fee permits as explained In Stipulafion # 11 .

11, " To reserve a lane or roadWay, closures on primary, secondary and local sfreets; the Permiffee'must obfain a separafe permitfromOCMC- Streets. QCMC - Highways will facillfafe obfaining these permifs; Permits for emergency and nOh-emergency work may be, obfained by phone and,facsimile to expedite, the wotk. The permlftee or State represenfqtlve must contaof fhls', office at least three(3}bvsiness days prior ,to request and reserve a lane or street closure. This will ieserve fhe' street segment(s) ,for your actiVIties and facilitate the issuance of the appropriafe permits. The original permits may be picked vp and signed within "seventy,two" hours.

12 , In the event that any non emergency .construction work resulfs in fhe closing of more than fwo-thirds, (2/3) of the moving lanes per direction on any street for, more than 15minufes per hour between the hours of 1:00 AM and 5:00 AM or half (50%) or more of the moving lanes on any sfreet or limited access roadway, for a, duration of more than four mlnufes or two traffic light oycles of the neatest traffic signal, whichever is less, during all other hours, the Pen'nlffee sholl post: at the site oLthe closing a public notification seven(7) calendor days prior to such closing In a mannerdirected byaCMC.

13 This permit is not valid unless it Is signedby both the New York City Department of Transportation repre5entotive and the authorized represenfafive of the Permiffee.

" 14 The Office of Construction Mitigation and Coordinaflon (OCMC) has the right to modify or revoke stipulations If the construction activity relafed fa this project does not commence Within one (l) year of the date of this draft permit.

15 Section 24 - 224. Administrative Code Variance is hereby, granted for hours and days sfipulated above.

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Public Service Electrjc and Gas Date al Permillssue Hudson Transmission ProJect HCP·

16 No staging and/or storage sites are authorized or will be permitted unless approved in Writing (where owned by New York City) by the New York City Department of Transportation's Division of Arterial Maintenance and/or the New York, City Department of Parks and Recreation'(il park land Is involved) or (where'State owned)' by New York State Department of Transportation with New York City concurrence where applicable. Except for State owned sites Where City concurrence is not necessary changes in the site or limits can only be'made by an amendment to this permit as applicable. A detailed draWing must be submitted and will become an attachment to the amendment.' A DPR Permit shall constitute written approval from the Parks Dept.

17 The Permittee agrees to assume all responsibility for injury or damages to private and/or City property caused through the operations of the permit and to save and hold harmless the City of New, York and the New York City Department of Transportation from all claims and 5uits which may arise therefrom.

18 The Permittee shall notify the New York City Department of Transportation Traffic Management Center (TMC) and OCMC-Highways via e-mail and FAX forty-eight (48) hours prior to any proposed lane closures and priorto commencing work operations. The Permittee shall notify in writing, the New York City Department of Transportation, OCM<;: ten (10) working days prior to any proposed ramp closures .• Four-'(4) weeks' notice is required when ,it· is anticipated that temporary traffic signals and/or signal timing adjustments will be needed.

19 The NYSDOT Office of Public Affairsshall be responsible to provide notification to the local Community Board and Borough President's Office prior to the commencement of work. Additionally notification shall be made to the' local Councilman's office. Proof of notification must be filed with the aCMC prior fo the commencement of work.

20 The Permittee, shall noflfy fhe New York Cify Dept. of Transportation's Situation Room at (718-433-3340), the NYPD Traffic Management Center at (718-706-6062), the Chief of Emergency Medical Services at (FAX .718'999-0497 ~ Note~ This is a FAX Number) and the local tire house two (2) hours prior to his/her proposed traffic lane reductions or street closings for any purpose. The Permittee shall also Immediately notify the Situation Room upon reopening and in the event of an emergency condition.

21 In the event. a full highway closure greater than fifteen (15) minutes is permitted, ,the Permitteer'nust notify all those parties listed in,the prior three stipulations at least two 'weeks, In advance. Additionally the Permittee must prepare a press release for the TV, Radio and Newspaper Media at least one week prior to the closiJre. '

22, The Permittee shall adhere to all pertinent rules and regUlations of the New York City Department of Transportation relative to the use and occupancy of street space, the provisions of his agreement and the performance of his work,

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PUblic Service Electric and Gas Dale Of Permit Issue Hudson Transmission Prolect HCP_

23 I, The Permittee shall adhere to .Ihe NYC DOT Bureou 01 Bridge~' Special provisions for Landscape Protection, Malntenllnce and Restoralion, items 1.1 B,15 through 1.1 B.19, Whenever. andwherever any of the Permittee's <;Jc;:tl\:'IIies occur within a limited ac;:c;:ess <;irterlal highway right -,of - way. Copies of these provisions may be obtained from the New York City Department of Transportation's Dlredor QI Arlar/al Maintenance at 212 ­ 788 - 1721. , 24 ' This Permit is limited to adivity performed In c;:onformqrlc", with this agreement with the New York City Department of Transportatior:l and does, not permit any other adiVItles, which could be a hazard or distradion to the roadway US'i'r.

25 No ,0ev";ltI0I1' or departure from, thEi'se ,stipulations will be permitteO without Ihe prior written apprpval of the New York City Department qf Transportation. Requests for suc;:h modlflc;:atlpnsshall be submitted to the aCMC a minimum of ten (10) Oays In advanc;:efor c;:';mslqeration,

26 To ensure a traffic;: "ow at all times storage of materials and equipment shall not be permitted within the traveleO way of th",hlghway. Storage areas Shall be separated from the traveled way by ac;lear space of, 30 feet minimum width, unless,such storage is placed behind conc;:rete barrier or permanenlly Inslalled bridge railing,

27 AnY exc;:avations shall, be ,odequalely;fenced and/or decked over by, the Permittee to preclud",entry by erronlvehlcles.pedestrlans or animals.

28 The Perlll!ttee shall i~svrelhatconslructi~nmqteriols and/or excavated soli a~d rocks temporarily stored on slopes are secureo by,hay bales or other effedive means to prevent their movement into Ihe Irovel way and clear zone (recovery zone) area. , . 29 When work is perforilled In or pojacent to sidewalk are,as, a safe pedestrian walkway having a minimum Width pf five (5) fe,el shall be provided at all times by the Permittee.

30 Concurrent with construdion work of this contract, It"other proJeds on this and/or 'adjacent highways are under c;onstrvction then the ,Permlt,t"'e, Is fo, q",come familiar With the scheduling of those projects and schedule his adivjties occardlogly. TO facilitate the flow, of traffic, the permissible work hOUrs may be modilied as deerneq necessary by the New York City Department of Transportation. '

31 In order to provide an adeqvate transition for the ,safe "ow of traflic, when the Permittee's (or another permittee's) work sites are in two (2) different lanes in fhe same diredion, those work s,ltes shall be separated by a distance of, af least live (5) city blocks or 1,200 feet (whlc;hever is greater). This 2-mlle, dlsfance requirement mllY be reduced on a cose·by·casebasls at the dlscrellon of ,fhe NYCDOT Lower Manhatton Borough Commissioner's Offlc.e in consultation with OCMC,Hlghways where the. construclion Is south of Canal Street.

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32 Warning signs and traffic safety devices shall be provided, installed, maintained and removed by the Permittee in accordance with the USDOT/FHWA's "Manual of Unitorm Traffic Control DeVices", also known as"NYCRR Volume 17B." The Permittee shall provide the appropriate channelization tor traffic approaching and leaving his/her worksite, The Permittee shall proVide flagpersons, cones, barricades, etc. as required for public safety. The Permittee is responsible forthe adequacY of the safety devices.

33 When water is being used at the work site for any purpose (Le. concrete curing, saw cutting, etc.), the Permittee is required to insure, through any and all appropriate measures, that the water does not freeze on the roadway or sidewalks. The Permittee will be responsible to maintain a clear ond safe travel path

34 During the time a lane closure Is permitted, the Permltleemoy Intermlttentiy stop traffic on the adjacent lane(s) of the some roadway for periods not to exceed'flve (5) minutes In duration for the purpose bf transporting or securing equipment that may extend beyond the closed lone(s) ,A minimum of one (1) hour, or until the traffic queue is relieved, whichever period Is shorter, Is required between any two such closures.

35, Operation of a crane, derrick,shovel or other similar equipment for any and all work within the streets shall be camed out by the Permittee in accordance with the Rules, Regulations and Requirements' olthe New York City Department of Transportation and the New York City Department of Buildings and shall complywlth all provisions of the New York City Noise Control Code. Inaddltion,'lf tlils equlpmc'lnt is to be placed so that any part of the load will be superimposed on the sidewalk or. roadway, the Permittee must file, with the New York City Department of Transportation, Office of Construction Mitigation and Coordination, a statement by o Professional Engineer; licensed by the state of New York, cerllfyingthe following; \. (a) Thot the Sidewalk or roadway area and the supporting subgrade can safely bear the crane load. Shbuldthe condition of the sidewalk or roadway area require that the crane load be distributed oVer a largerarea 'than afforded by the elements of the crane, the engineer shall furnish the full dimensioned details of the load distribution;

lb) That the Engineer has taken all necessarymeasures to ascertain that there is no vault or subWay tunnel underneath the sidewalk area or that ii a vault br subway tunnel does exist, its roof is sufficiently strong to support the'load to be superimposed thereof; :'

(c) That the sheeting or retaining walls supporting any excavations, adjoining the sidewalk Qrroadwayareo required to carry a load have been examined by the Englnear and have been found fo be sufficiently strong to support the area carrying the crane load, Should the crone beetnployed making any excavation adjacent to the crane, the Engineer shall specify the sheeting or retaining Wall reinforcement required to support the crane.

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Public Service Electric and Gas pate ot Perml!lssue Hudson Trqnsmlsslon Prolect Hep-

36 A "Holiday Construction Embargo" will be in effect on Gridlock Alert Days from mid c November (the exact dotes will be published each year in the New York City Department of Transportation's OCMC yeorly Holiday Embargo release. there ore approximately ten (lO))toJanuarY2nd. During this period, no lane or ramp closings will be permitted from 6:00 AM to Mldllight except,by written permission from the aCMe, This stipulation supersedes all others ill this permit. : '" '~ A Holiday Embargo Is in 'effect for the HOlidays (as determined by the New York City Office of Payroll Administration) with the following provisions: '

When a Holiday falls or is observed by the City of New York on a Monday ar Friday no lone orramp closures are permitted from noon on the previous business day to 6;01 AM on the following business day. For example If the holiday fails or Is Observed on Friday then no lone closure would be permitted from 12:01 PM on Thursday to 6:01 AMon Monday, If the Holiday falls or is observed on Monday then no lone closure Is permitted frOrll 12:OlPM on Friday to 6:01 AM on 'Tuesday,' In addition when a Holiday falls or Is observed midweek (Tuesday, Wednesday or Thursday) no Lone closures sholl be perrllitted from noon on 'the previous business day tei 6:01 AMon the following business day.

The Holiday Embargo as detailed above. is in effect for the folloWing Holidays: New Years Day, Mothers Day, Memorial Day, Independ~nce Day, Labor Day, Thanksgiving Day, Christmas Day. Note: for Thanksgiving Day the Embargo begins on Wednesday at 12 noon and extends to Monday 6 AM.. of'which' time the'original stipulations, shall be In effect.

37 A special embargo Is In effect for the followirig holidays: ~ve of Jewish NeW Year (Rosh Hashana), Eve of Yom Kippur, Eve of Passover. No lone or romp closures permitted from 1:00 PM to Sundown,

38 Work cannot be performed durinQthe NewYorkCltyS Boroughs Bike Tour and the New York City Marath

struclu(al dEicks, holes shall be restored. ' inl kind.

40 , The NYCDOT Oificeof CohstructioiiMitigatlonand CoordinatIon (OCMC) ­ Hlgnways must be contacted at telephone number 212-442-9839 or fox number 212-513­ 1146 at least twoweeks prior to the commencement of any work so that a pre­ construc:flon inspection may b~ performed.. ·If any repairs ore mode by NYCDOT EIU aftEir the pre·consfructlon inspection is performed, EIU sholl hotlfy OCMC so that thEi ItEim(s) may be deleted from the inspection list.

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4.1 NYSQOT will provide the NYCDOT Electrical Inspections Unit with a weekly ,schedule prior to the commencement ofany excavation work. i.e. trench excavations. landscaping excavations, such as for tree or bush pits. ,all other excavations. guiderail installations or any other installations involving drilling or the use, of Hilti-bolts. or anyother event when the earth gets moved on all highway surfaces. including grade level and elevated roadways, ramps. overpasses. paved and non-paved shoulder portions,'Qyer or adjacent to electrical lines. on or adjacent to the roadway.,Including excavation on shoulders both paved and non paved surfaces.

42 Accessibility to. plus a threeefaOt minimum clearance, must be made av.allable at any street light. traffic signal or ITS pole, panel box, Junction box. iTS system or camera, or ,any other NYC electriCal systems equipment,

43 Street light poles must be lit while the work is being performed, during the day, and/or night, as appropriate, so that anydamages to any electrical systems may be, discovered immediately when the lights goout,J]y spark or,other methods, Complaints regarding dayburners caused by construction shall be torwarded to the NYCDOT Electrical Inspections Unit. NYCDOT will provide routine maintenance to lights in construction areas.

44 The contractor shall pertorm all electrical work with care so that any materials which are to remain in place, or which are, to remai,nthe property at NYC will not be damdged. It the contractor damages any materials which are to remain the property of NYC, the damaged materials shall be repaired or replaced in a timely manner, approved py the NYCDOT Electrical, Inspections Unit, and at no costto NYC.

45 In the event of damage to electrical lines. including but not limited to electrical conduit. street light poles, pull boxes, panel boxes. Junction boxes, cameras. or any other NYC electrical systems equipment on or adjacent t() all highway surfaces, including grade level and eley-ated roadways. ramps, overpasses, dndp,(wed alld non paved shoulder areas, notice must pe made to the Chief of the t;lYCe>OT/EIU at telephone number 718-786-2825, or 24-hour emergency number 718-433-3340, at the time of such occurrence. An EIU inspector will be dispatched hevaluate anddocumenf the condition and coordinate the necessary repairs. NYSDOT.will conquctony trouble­ shooting work to identifyits cause';Nhen NYCDOTsuspectsfhat ';Jamages have.occurred due to NYS contractors. The permittee shall be permitted to conductthe necessary repairs without delay following notification to NYCDOT. If an EIU inspector Is not able to respond to the jobsite when the repairs are, geinQ performed. NYS yvill provide pictures and/or other documentation to confirmthat:the appropriate work has been completed.

46 A copy of the electrical drawlrigs:ofthe projectmust be available on,site for informational purposes. ," ','' .

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Public Service Electric gnd Ggs Date of Permit Issue Hudson Transmission PrQlect Hep·

41 The Permittee shall comply with the Industrial Code ot the State ot New York Part (Rule No. 53) relating to Construction. Excavation and Demolition Operations at or near underground tacilltles. Additionally. the Permittee shall similarly notify the owners ot overhead cables or other electrical or street lighting equipment (nthe area covered by the PEirmit. . ," , 48 . The Permittee Is reminded thot the appropriate Rules arid Regulations that apply to the cieaning and painting of structural steel must be rigidly followed. as specified by NYSDOT Special Specitications. ~ " " 49 When d contractor peliorms work at night. the work sltEi sholl be IIluminateqtb the satisfaction ot the Engineer·ln·Charge (EIC). The EIC shall be the sole judge'ot when illumination is required.

50 The contractor shall be responsible tor identifying his/her construction slgnage. The Identification shall inciude the contracting agency. the confractor's name and t,he contract number. This ideritiflcatlon shall be placed on the back of all signs: 'I ." ' 51 The Permlttei:qhall, ot his/her own expense', be under absolute ()bllgatldn to determine the locatlori ofand provide protectionfrom damage ar loss forall subsuliace facilities ond overheod structures In the permit area, In the event of any damage or loss to such subsurfoce facilities and overhead structures. the' Permittee shall promptly replace or f<3polr such focllilles and structures, as directed by the New York City Department of Tronsportation or other City ogency hoving jurisdiction thereof or by the owner thereof. ", '. ,i ' .' , '.' '. ',J "I. \ 52 The City makes no representation as tothe character of the fill, in the streets, and voids therein, or the condition of the sidewolks'. The Permittee occepts full responsibility and liability for ony disturbance or domage, Which may be coused to adjoining pavements; sldewolks or structures by or in connection with the permit activity. All damaged sidewalk or roadway pavements shall be restored (to the nearest full flag for sidewalks) in conformance with the Standard Specifications of the New York (City/Stgte) Department of Transportotion.

53 The Permittee sholl furnish ond instoll torpoullns enclosing the Immedlote site of his cleaning and painting operations to insure complete protection of the general public and property. both on and below the roodway against possible damage from scraping, paint drippings. wind blown paint. dust, concrete, etc. This permit does not constifute approval of either painting orpoint removal methodology. All signs and signals in the permit area shall be protected dally with clean and transporent coverings.

54 The washing of concrete truck drums within the Arterial Highway or city street right - of - way is strictly prohibited. unless the contractor utilizes the New York State Dept. of Transportation approved method.

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55 The Permittee's vehicles shall not exceed the posted weight and/or height restrictions tor any street, highway, bridge or viaduct section that he/she must travel upon.

56 During ihe snow season, the contrador shall be required to post "LIFT PLOW" signs at all locations (in both directions if necessary) where they have, installed ste,el plates.

57 Roads used tor the hauling ot materials shall be kept tree from debris and maintained by the Permittee and lett in a, condition satisfactory to the englneer-In­ charge (EIC).

58 On roadways/streets where rush hour, parking and/or sfandlng regUlations are post",d, the Permittee ,shall modify his schedule to conform to those, (rush hour) restrictions.

59 The Permittee shall not park his equipment or store material overnight where it is <:leemed to be a satety hazard to the traveling public.

. \. ,I .', • • :'~ • ~ I '' 60 The Permittee shall not obstruct .tire hydrants, crosswalks, Pedesfrian ramps, fire alarm boxes, bus stops or any public utility while performing his/her work. The Permiffee may not mpve or remove "Bus stop" signs without prior written approval from both the New York City Department ofTransportation andthe NeY" York City Transit.

61 This Is not a parking permit. The Permittee shall obey all traffic laws and regulailons,

62 This Permif may be amended to cover new or unforeseen conditions at the discretion of the New York City Department ot Transportation, after consultation with the Permitf",e. The New York City Departlllent of Trallsportqtion reserves the right to cancel this permIt at any time for any valid reason.'

, , 63 This Permit, unless terminated at the discretion of the New York City Department ofTransporfatlon, will expire on _~ _

I'. '

21 CITY OF NEW YORK DEPARTMENT OF TRANSPORTATION OFFICE OF CONSTRUCTION MITIGATION AND COORDINATION-STREETS 55 WATER STREET, 7TH FLOOR NEW 'YORK, NEW YORK 10041

OCMC FILE No:..JM.u..&

PROJECT:__ ~H"U.!L!!D2S0!Ll_'N..1T"'RA""'"N"'S"'M"'I"'S2SI"O"'NlLPR"""'O"'JE"'C"'T"-2""5""0"'K'-'V'-'al!!n!.!.!d""3~50!!.lK~V.!__ LOCATION: WEST 52 STREET FROM U TH AVENUE TO JOE DIMAGGIO HIGHWAY Pennission is hereby granted to HUDSON TRANSMISSION PARTNERS, and its duly authorized agent, to enter upon and restrict the flow of traffic at the above location and its local adjacent streets for the purpose of carrying out the above noted project, subject to the stipulations, as noted below:

Location: West 52 Street between U Avenue and 12 Avenue: • The contractor shall maintain a minimum of (I) 12ft wide lane for vehicle traffic at all times. • The contractor may post signs meeting NYCDOT specifications for directing pedestrians to the opposite sidewalk. Signs must be posted at work zones as well as both intersections of affected sidewalk. Maintain a minimum 5 foot clear on South sidewalk. • Work may occur 7am-7pm Monday - Saturday

Special notes: • Contractor must coordinate with and provide access to existing loading docks at all times. • Contractor is responsible for coordinating with the NYCDOT in order to relocate authorized parkiugl taxi relief zoues prior to startiug project. • Coutractor must uotify Handsome Cab companies a miuimum of 2weeks prior to startiug work relative to impacts on their routing and layover operatious in the surrouudiug area. • The contractor is advised that a "Special Holiday Construction Embargo" is in effect for the above location in the year in which the work is being perfonned. • All work occurring on Rt. 9a must be coordinated with OCMC- Highways

General Notes: 1. THIS IS NOT A PERMIT. This stipulation sheet must be submitted with all requests for pennits pertaining to the above contract and present at the work site along with all active construction pennits when the approved work is being perfonned. 2. All relocation work by the utilities such as Con Edison, KeySpan, telephone and cable companies shall precede the contractor's start of work on all affected roadways in the impacted contract area. 3. The Contractor is advised that other contractors may be working in the general area during the tenn of this stipulation. In which event, the contractor may require modifications by the OCMC-Streets. 4. No deviation or departure from these stipulations will be pennitted without the prior written approval from the OCMC-Streets. Request for such modifications shall be submitted to the office of the OCMC-Streets, New York City Department of Transportation, and a minimum of twenty (20) days in advance for consideration. 5. For any sidewalk connections (hydrants, house connections, etc.), the contractor shall maintain a 5 foot clear sidewalk for pedestrian access. For any work proceeding through an intersection, the contractor may close one (I) crosswalk at a time while diverting pedestrians to other available crosswalks using signage and flaggers. After working hours, all crosswalks shall be reopened to pedestrian traffic. 6. The Contractor must at least two working days before the start of construction notifY the NYPD, FDNY/EMS, local Community Board, Borough President's Office-Chief Engineer, NYC DOT OCMC's Office, plus all abutting property owners. 7. For this project the Contractor shall furnish, install and maintain all necessary advance warning and detour signs, temporary control devices, barricades, lights and flashing arrow boards in accordance with the "Manual on Unifonn Traffic Control Devices," the typical schemes included in this specification; and as ordered by the Engineer-In-Charge and the OCMC-Streets. 8. Prior to any work pennits being issued a pre-construction meeting will be held twenty (20) days in advance by the OCMC-Streets and the Engineer-In-Charge. Arrangements for the meeting will be coordinated by the OCMC-Streets. 9. The contractor shall be responsible for identifYing his construction signage. The identification shall include the Contractor's name, sponsoring agency name and the contract number. The identification shall be placed on the back of the sign. The lettering shall be three (3) inches high. 10. The OCMC-Streets reserves the right to void or modifY these stipulations should construction fail to commence within two (2) years ofthe signed date ofthese stipulations.

Ja n S. Buccheri oject Manager

22 ~tate of ~em :IkrselJ DEPARTMENT OF ENVIRONMENTAL PROTECTION JON S. CORZINE MARK N. MAURIELW Governor Acting Commissioner Office of Dredging and Sediment Technology P.O. Box 028 Trenton, NJ 08625 (609) 292-1250 FAX (609) 777-1914 Mr. Terry L. Orr November 4, 2009 Projeet Manager ESS Group, Inc. 888 Worchester Street Suite 240 Wellesley, Massachusetts 02482

RE: MODIFICATION of In-Water Waterfront Development Pennit/Upland Waterfront Development Permit/State Freshwater Wetlands General Pelwit #2 and #14/Acceptable Use Determination/Water Quality Certificate Applicant: Hudson Transmission Partners, LLC Application No(s): 0000-08-0030.1 (WFD 080001) - Waterfront Development Permit (FWW 080002) - Freshwater Wetlands Permit #2 (FWW 08000I) - Freshwater Wetlands Pennit # 14 Project: Hudson Transmission Project Ridgefield, Fairview, N. Bergen, Cliffside Park, Edgewater Bergen and Hudson County

Dear Mr. Orr:

Enclosed, please find an approved MODIFICATION ofthe pennit issued February 18, 2009. Please read the permit and its terms and conditions carefully. The permit is hereby modified to reflect changes as presented in the following revised development plans entitled:

~ "Hudson Transmission Paliners, LLC, The Hudson Project, Ridgefield, N. Bergen, and Fairview, NJ" consisting of nine sheets, dated 10/8/08, last revised July 24, 2009, and prepared by Jeffrey Carr, Lindstrom, Diessner and Carr, PC.

You are required to keep a copy ofyour permit and the approved drawings at the construction site for the duration of the project. Failure to do so is a violation of the permit.

If you are required to record a Grant of Conservation Restriction/Easement, you must present the Department with proof that you have recorded it within ninety (90) days of issuance ofthis permit. You may NOT COMMENCE CONSTRUCTION until you have properly recorded the Division of Land Use Regulation approved Grant of Conservation Restriction/Easement documents and fulfilled the pre-construction conditions ofthis permit.

23 Please do not hesitate to contact the Office's project manager, listed on the first page of the pcnnit, to discuss any concerns or questions you may have. Thank you for working with the staffoftfe-Office to protect our state's natural resources. ... ~ S!J.lC ely, ? I . ~_ ~{..-f Su 1 e U. Dietrick, Chief o e ofDredging and Sediment Technology Site Remediation Program C: Bureau ofCoastal and Land Use Enforcement Bureau ofTidelands Management Richard Tomer, ACOE NY District - Re!,'1llatory Branch Charles Scott, Historic Preservation Offiee, Natural and Historic Resources

24 PROJECT COMPLETION REPORT

This Projeet Completion Report must be mailed or faxed to the proper address below. Please cirele the appropriate permit type(s).

Please mail notice of completion of projects authorized under a Freshwater Wetlands Individual, General Permit or Transition Area Waiver, Major or Minor Stream Encroachment Permit, or Highlands Approval to:

State ofNew Jersey Department ofEnvironmental Protection Coastal & Land Use Compliance & Enforcement P.O. Box 422 Trenton, NJ 08625-0422 Attention: Manager, Coastal & Land Use Compliance & Enforcement Fax to: (609) 633-6798

Please mail notice of completion of projects authorized under an Individual CAFRA or Waterfront Development Permit or Coastal General Permit to:

State ofNew Jersey Department ofEnvironmental Protection Coastal & Land Use Compliance & Enforcement 1510 Hooper Avenue Toms River, NJ 08753 Attention: Manager, Coastal & Land Use Compliance & Enforcement Fax to: (732) 255-0877

Permit Information Project Manager: _ Permit Number(s): _

Date ofCompletion: _

The undersigned hereby certifies that all actlVltles approved by the Department within the above referenced permit/s have been constructed and completed in accordance with the plans approved therein, that said project is in compliance with all terms and conditions of the permit, and that any unauthorized encroachments have been removed.

Engineer's Signature and Seal: _ New Jersey License Number: _ Date: _

25 CONSTRUCTION REPORT

This Project Commencement Report must be mailed or faxed to the proper address below. Please circle the appropriate permit type(s).

Please mail notice of commencement of projects authorized under a Freshwater Wetlands Individual, General Permit or Transition Area Waiver, Major or Minor Stream Encroachment Permit, or Highlands Approval to:

State ofNew Jersey Department ofEnvironmental Protection Coastal & Land Use Compliance & Enforcement P.O. Box 422 Trenton, NJ 08625-0422 Attention: Manager, Coastal & Land Use Compliance & Enforcement Fax to: (609) 633-6798

Please mail notice of commencement ofprojects authorized under an Individual CAFRA or Waterfront Development Permit or Coastal General Permit to:

State ofNew Jersey Department ofEnvironmental Protection Coastal & Land Use Compliance & Enforcement 1510 Hooper Avenue Toms River, NJ 08753 Attention: Manager, Coastal & Land Use Compliance & Enforcement Fax to: (732) 255-0877

Permit Information Project Manager: ~~~~~~~~~~~~~~~~~~~_ Pelmit Number(s): ~ . _

Date ofCommencement: ~~~~~~~~~~~~~~~~~_

I hereby give notice that construction will begin on the above noted project on the date stated above (must give at least 7 days notice). Also, as required by the permit, a copy ofthe above referenced pennit(s) along with all approved drawings shall be available for inspection at the project site throughout construction.

Engineer's Signature and Seal: ~~~~~~~~~~~~~~~~~_ New Jersey License Number: ~~~~~~~~~~~~~~~~~_ Date: ~~~~~~~~~~~~_

26 STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION SITE REMEDIATION PROGRAM OFFICE OF DREDGING AND SEDIMENT TECHNOLOGY 401 East State Street, P.O. Box 028 Trenton, NJ 08625 PERMIT

Approval Date In accordanre with the laws and regulations ofthe State ofNC'W' Jersey, the [xl'al'trncnt ofEnvironmental Protection herdJy grant"} this November 4, 2009 pennit to pcrl

Applicant Project Name/ Location Hudson Transmission Partners, LLC Hudson Transmission Project 501 Kings Highway East, Suite 300 N0l1h orough of Fairview, Cliffside Park, Borough of Fairfield, CT 06825 ofRidgefield/Hudson and Bergen County Description ofAuthorized Activities and Li111it Construct a 660 MW, 345-kilovott alternatin proposed converter station at 1 Railroad Avenue located in Ridgefield, New Jerse cw York City.

Regulated Activities:

REVISED PROJECT DESC

The installation ofonc un ds or existing disturbed area..". The cable route ori ethods along Hendricks Causeway to the Convert tatio11 to Railroad Avenue. The cable is th ROW) and exits just north ofthe intersection t within Railroad Avenue (North Bergen) would then travel east along the NYS&W RO Westcm Railway Corporation Tunnel loc installed via io- ground concrete cocas will be constructed on a property located east 0 feet} ofwetlands and wetland transition areas

The construction of the Pr Meadowlands District. Portion ofthe convelter st truction ofthe convelter station meets the requirement 6.

SEE PROJECT DESCRIP By issuance of this permit, the Ownership or claim to any pOition of th

The pennittee shall allow an authorized Divisio Constl1.lction pursua t to .lA.C. 7:7E-1.5(b eceived or Recorded by County Clerk

J nn U. Dietric THIS J1NIIT IS NOT EFFECTIVE AND NO CONS ION APPROVED BY THIS PERMIT, OR OTHER REGULATED ACTIVITY, MAY BE UNDERTAKEN UNTIL THE APPLICANT HAS SATISFIED ALL PRE-CONSTRUCTION CONDITIONS AS SET FORTH IN THIS PERMIT PURSUANT TO N.J.A.C. 7:7E-1.5(h)4.

27 This permit is not valid unless authorizing signature appears on the last page. 2

PROJECT DESCRIPTION CONTINUED:

REVISED PROJECT DESCRIPTION - In-Water Waterfront Development

Construction ofa temporary cofferdam located just west ofthe Hudson River federal navigation channel. The steel sheet pile cofferdam is approximately 30 feet by 100 feet and will be at an elevation of 1-2' above the river bottom. The cofferdam will serve as the exit point for the submarine cable underneath the Hudson River. A similar cofferdam is to be constructed in New York waters off Manhattan.

Tbe construction ofthe two cofferdams will require the new dredging ofapproximately 3,972 cubic yards (1,889 cy in New Jersey waters, and 2,083 cy in New York waters) to an approximate maximum depth of-50 feet below MLW (NAVD 88). The dredged material will be removed by closed clamshell environmental bucket, placed in barges and transported to a dredge processing facility. Once processed the material will be transported to the Fresh Kills Landfill or other authorized placement site. The decant water within the barges will be discharged into a decant scow, allowed to settle for a minimum of24 hours prior to discharge to the Hudson River.

STANDARD CONDITIONS:

1. Extent of approval: a. This document grants pennission to perfonn certain activities that are regulated by the State of New Jersey. The approved work is described by the text of this pennit and is further detailed by the approved drawings listed herein. All work must confonn to the requirements, conditions and limitations of this pennit and all approved drawings.

b. If you alter the project without prior approval, or expand work beyond the description of this pennit, you may be in violation of State law and may be subject to fines and penalties. Approved work may be altered only with the prior written approval of the Department.

c. You must keep a copy of this pennit and all approved drawings readily available for inspection at the work site.

2. Acceptance of permit: If you begin any activity approved by this pennit, you thereby accept this document in its entirety, and the responsibility to comply with the tenns and conditions. If you do not accept or agree with this document in its entirety, do not begin construction. You are entitled to request an appeal within a limited time as detailed on the attached Administrative Hearing Request Checklist and Tracking Form.

3. Recording with County Clerk: You must record this pcnnit in the Office of the County Clerk for each county involved in this project. You must also mail or fax a copy of the front page of this pennit to the Department showing the received stamp from each County Clerk within 30 days ofthe issuance date.

4. Notice of Construction: You must notify the Department in writing at least 7 days before you begin any work approved by this permit by submitting the attached construction report. The Construction Reports are also available at www.nj.gov/dep/landuse.

5. Expiration date: All activities authorized by this pennit must be completed by the expiration date shown on the first page unless otherwise extended by the Division. At that time, this pennit will automatically become invalid and none of the approved work may begin or continue until a replacement pennit is granted. (Some permits may qualify for an extension of the expiration date. Please contact the Department for further infonnation.)

6. Rights of the State:

a. This pennit is revocable and subject to modification by the State with due cause.

28 3

b. Representatives from the State have the statutory authority to enter and inspect this site to confirm compliance with this permit and may suspend construction or initiate enforcement action ifwork does not comply with this pelmit.

c. This pennit does not grant property rights. The issuance of this permit shall not affect any action by the State on future applications, nor affect the title or ownership of property, nor make the State a party in any suit or question ofownership.

7. Other responsibilities: You must obtain all necessary local, Federal and other State approvals before you begin work. All work must be stabilized in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, and all fill material must be free of toxic pollutants in toxic amounts as defined in section 307 ofthe Federal Act.

SPECIAL CONDITIONS:

8. The permittee shall immediately inform the Department of any unanticipated adverse effects on the environment not described in the application or in the conditions ofthis permit.

9. Consistency with the Areawide Water Quality Management Plan: The Department of Environmental Protection, as the Statewide Water Quality Management Planning Agency, has reviewed your project for consistency with the provisions and recommendations of the Bergen and Hudson County Water Quality Management Plan. We have found your project to be consistent with this plan. Please be advised that if changes are made to the proposed plans which would result in a change in anticipated wastewater flow volumes, such as the addition ofsewage generating structures or a proposed increase in size to previously proposed structures; or if there is a change in the proposed method of wastewater treatment, this detennination is no longer valid. The amended plans must be submitted to the Department to determine Consistency with the Water Quality Management Plans.

II. All necessary local, Federal, and other State approvals must be obtained by the applicant prior to the commencement ofthe herein-permitted activities. Approvals from the following may be required: Local County Soil Conservation District(s) and the New Jersey Meadowlands Commission.

12. Prior to initiation ofconstmction authorized by this pennit, the permittee shall receive:

» A tidelands license from the Bureau ofTidelands Management as applied for on February 18, 2009.

» Army Corps of Engineers Authorization for the project. A copy ofsaid authorization shall be forwarded to the Office upon receipt by the permittee.

13. The drawings hereby approved are:

"Hudson Transmission Partners, LLC, The Hudson Project, Ridgefield, N. Bergen, and Fairview, NJ" consisting of nine sheets, dated I0/8/08, last revised July 24, 2009, and prepared by Jeffrey Carr, Lindstrom, Diessner and Carr, Pc.

Upland Cable Installation

14. All areas of open trench cutting shall be restored to pre-existing conditions upon completion of work. If any off-site fill material is used to backfill the trench, said material shall be free of toxic pollutants (see section 307 ofthe Federal Act) in toxic amounts.

State Historic Preservation Office (SHPO) Conditions - 92"' Street NYSWR Tunnel

15. Prior to initiation ofconstruction activities authorized in this permit, the permittee shall receive written approval from the SHPO ofthe report entitled "Phase IA Cultural Resources Reconnaissance ofthe 29 4

Upland Component of the New Jersey Portion ofthe Hudson Transmission Project, Bergen and Hudson Counties, New Jersey" dated April 2008.

In-Water Cable Installation

Dredging/Cofferdam

I. The permittee shall post appropriate warning signs around the cofferdam during construction as required by the US Coast Guard. The permittee is required to notify the US Coast Guard 30 days prior to the start of construction.

2. In order to protect winter flounder and anadromous fish, a timing restriction ofJanuary I" tluough May 3I" is imposed in this pennit which prohibits any pile driving or sediment generating activities during this timeframe.

3. The dredged material from this contract shall be removed using a closed clamshell environment bucket until refusal at which time a clamshell bucket or excavator shall be used to remove the remaining material to project depth.

4. The permittee shall employ the services ofan independent dredging inspector to monitor dredging activities twice per week. The permittee shall submit the resume ofthe dredging inspector to the Department for review and receive written approval prior to the initiation ofdredging.

5. The dredge shall be operated so as to control the rate ofdescent ofthe bucket so as to maximize the vertical cut ofthe clamshell bucket while not penetrating the sediment beyond the vertical dimension of the open bucket (i.e. overfilling the bucket). This will reduce the amount offree water in the dredged material, will avoid overfilling the bucket, and minimize the number ofdredge bucket cycles needed to complete the dredging contract. The dredging contractor shall use appropriate software and sensors on the dredging equipment to ensure consistent compliance with this condition during the entire dredging operation. The independent dredging inspector shall monitor the operation ofthe software and sensors during the inspections required by this authorization. Any malfunction ofthe software and sensors on the dredge at any time shall be immediately reported to the independent dredging inspector and the pennittee by the dredging contractor and shall be immediately repaired to working order.

6. The closed clamshell environmental bucket shall be equipped with sensors to ensure complete closure ofthe bucket before lifting the bucket. Said sensors shall be operational during the entire dredging operation.

7. Where a closed clamshell enviromnental bucket is required, it shall be lifted slowly tluough the water, at a rate of 2 feet per second or less.

8. Dredged material shall be placed deliberately in the barge in order to prevent spillage ofmaterial overboard.

9. A "No Barge Overflow" applies to the dredging ofMaintenance/Holocene sediments. "Barge Overflow" is permitted for the dredging of Pleistocene sediments only.

10. All barges or scows used to transport sediment shall be ofsolid hull construction or be sealed with concrete.

I I. 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.

12. All decant water holding scows shall be water tight and of solid hull construction.

30 5

13. Decant water from this project may only be discharged within the channel from where the sediments originated, in close proximity to the dredging eontract area. Diseharge to another receiving waterbody requires prior approval trom the Department, and may require a New Jersey Discharge Pollutant Elimination System/Discharge to Surface Water (NJDPESIDSW) permit.

14. All decant water shall be held in the decant holding scow a minimum of24 hours after the last addition of water to the decant holding scow. Said water contained in the decant holding scow may only be discharge after this mandatory 24 hour retention time.

Should the contractor wish to reduce the required holding time, the contractor shall demonstrate that the reduced holding time is sufficient to meet a total suspended solids (TSS) background value of30 mg/L. This TSS action level is consistent with the ambient TSS results presented in the NY District study entitled "NY and NJ Harbor Deepening Project - Total Suspended Solids (TSS) Monitoring, Interim Report" (January 2006). The total suspended solids shall be detennined through gravimetric analysis. No discharge shall be pennitted from the decant holding scow until the results ofthe gravimetric analysis have contirmed that the 30 mg/L background level has been achieved. No additional water shall be added to the decant holding scow between the time of sample acquisition and discharge. Upon successful demonstration that the reduced holding time is sufficient to meet the TSS background level of30 mg/L, the monitoring ofTSS may be suspended and the demonstrated settling time shall replace the 24 hour minimum. A successful demonstration ofthe reduced holding time efficiency shall be detennined once three consecutive TSS analyses have confinned that the 30 mg/L action level has been achieved by the reduced holding time.

Should the contractor wish to demonstrate this reduced holding time, all records including time of last addition of decant water into the scow, time of TSS sampling and the results of TSS sampling shall be submitted to the NJDEP as soon as they become available, together with a request for a reduced holding time.

15. During pumping ofthe decant water from the holding scow, great care shall be taken to avoid re-suspending or pumping sediment which has settled in the decant holding scow.

16. The dredging contractor shall complete and submit the attached Dewatering Form to the independent dredging inspector on a weekly basis as part of the Quality Control Report provided to the permittee. Said Dewatering Form shall be certified by the independent dredging inspector that they have witnessed the dewatering process during the preceding week. The pennittee shall submit the completed Dewatering Fonn with appropriate certifications by fax to the Office ofDredging and Sediment Technology for the preceding week.

17. The independent dredging inspector shall perfonn inspections of the dredging contract a minimum oftwice per week using the attached WQC Field Inspector fonn. The permittee shall submit the completed inspection forms to the NJDEP on at least a weekly basis.

18. REPORTING REQUIREMENTS: At the completion ofproject, the pennittee shall submit the following information to the Department. This information shall be submitted within 60 days ofcompletion of dredging. • Start and finish date ofwork order(s)

• Post-dredge hydrographic survey

• Completed "Notice ofCompletion of Work" attached for each work order(s).

31 6

19. A signed and sealed post-dredging bathymetric survey shall be completed no more than 60 days after removal ofthe cofferdam. This bathymetric survey shall be used to ensure that the depths ofthe dredge area have been restored to pre-construction conditions. Should the results ofthe post-dredge surveys indicate that the areas ofdredging have not restored to pre-dredge contours, the Department, in consultation with NMFS, may require the permittee to restore these areas to the depths depicted in the pre-dredge bathymetric surveys or require further surveys to be carried out after such additional period oftime as the Department detennines is required to assess restoration ofthe areas. Clean fill shall be used to raise the elevation ofthe dredge areas to pre-dredging contours. The pernlittee shall be notified in writing should the Department determine that post­ dredge bathymetric surveys warrant importation ofclean fill material to raise the elcvation to within one foot or less ofpre-installation conditions in these areas.

Cable Installation

20. The AC cable shall be buried a minimum of 15' below the authorized federal channel depth and a minimum of 10' feet below the existing mudline outside ofthe federal channel. In the event that the permittee receives federal authorization to bury the cable to a lesser depth within the federal navigation channel, that depth will be sufficient for the appropriate areas.

21. The pernlittee shall comply with the monitoring requirements presented in the document entitled "Hudson Transmission Project, Suspended SedimentlWater Quality Monitoring Plan, January 2009" included as Appendix A of this document. All test results shall be forwarded to the Department upon receipt by the permittee.

22. Within 30 days after the completion ofconstruction, the pernlittee shall post warning signs at each landfall and shall notify the National Oceanic and Atmospheric Administration (NOAA) as to these locations for the proper chart modifications. Ifpracticable, the cable route shall be marked with buoys.

ACCEPTABLE USE DETERMINATION:

1. The 3,972 cy ofdredged material from this project shall be processed using a minimum of 8% Portland Cement at the designated processing facility consistent with the testing ofthe material as provided in the document entitled "Geoteclmical Sampling Progranl, Appendix A5, Bulk Physical and Chemical Lab Results" dated July 2007 and provided by ESS Group, Inc. The material is acceptable for placement at the following upland placement sites provided the following conditions are met:

Fresh Kills Landfill

Prior to initiation ofdredging authorized under this permit, the pennittee, or its designated contractor, shall receive a separate authorizations and approvals issued for these sites by the NYSDEC or NYCEDC.

2. The designated processing facility shall comply with all conditions imposed in the Waterfront Development Permit/Acceptable Use Determination and any subsequent modifications or renewals thereto for the dredged material processing and/or off-loading facility. The identified processing facility shall comply with all conditions specified in the NJPDESIDSW permit issued to the facility, as applicable.

3. All trucks used to transport processed dredged material to the above referenced placement sites shall be tarped pursuant to thc applicable State DOT requirements or applicable regulatory agency requirements.

4. If the permittee elects to dispose/use the dredged matcrial from this project at an alternate location, written authorization must be obtained from the Office ofDredging and Sediment Technology prior to the transport ofany dredged material to said alternate disposal location. Any alternate disposal/use 32 7

location must obtain all required state, local and federal permits before the Office would grant a modification ofthis permit to transport dredged material to the alternate location.

MITIGATION CONDITIONS:

This section of the existing pennit issued February 18.2009 has been deleted from the pennit. The revised development plans approved in this modification ofthe permit eliminated the pernlanent impact to 0,9 acres 09,000 square feet) of freshwater wetlands previously proposed for the construction ofthe converter station.

xev 'v~_~ /~ Suz e U. Dietrick, C . f / Of ce f Dredging and Sediment Teclmology

33 NOTICE OF COMPLETION OF DREDGING

Date: _ New Jersey Department ofEnvironmental Protection Office ofDredging and Sediment Technology P.O. Box 028 401 East State Street Trcnton, NJ 08625

Attn: NJDEP, ODST, Project Manager FAX: (609) 777-1914

Re: NJDEP Permit No. Insert project title: _ Location ofDredging: _

Dear Sir/Madam:

I hereby serve notice that the DREDGING allowed by the above referenced permit has been completed as of ______, 200_. The dredged material was removed via mechanical__ or hydraulic__ dredging (check one). The dredged material was/is being dewatered with discharge into _ 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 as per NJDEP Permit(s) ______(specify the type ofpermit(s». 3. _____ cys was taken to for beneficial reuse. 4. ____ cys was taken for disposal. 5. _____ cys was taken to for beach nourislunent.

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

34 DEWATERING FORM Week of (Sunday to Saturday) (SEE NOTE BELOW) Contract:~_=_------Contract Reach: Decant Scow IdentIc;·fi:-lc-a--:ti-o-n------,C::;-a-p-a-c""it-y---- gallons! cubic yards Volume Calculation: Estimated Measured (check one) (Ifmeasured, provide calculation procedure) Time ofinitiation Time of Rate ofpump Volume of Dredge Scow Date ofdischarge into ofdischarge into cessation of used to Discharge into Identification decant scow decant scow discharge into discharge into decant scow # decant scow decant scow I ! I !

--

--~ -

.. Last additIOn ofdecant water mto decant scow: Date: _ Time: ~

Discharge ofdecant water to surface waterbody Date: ~ Time: ~ Volume: gallons

NOTE: Should more than one decant barge be used during a given week, a new dewatering form should be utilized and submitted to the Permittee.

CERTIFICATIONS: I, , as Independent Dredging Inspecter for (Company) for the above Contract, do hereby certify that the information provided in this document is true and accurate, and that I have personally observed the dewatering procedure recorded herein during the timeframe specified above. Signature: _

I, , as Permittee for the above referenced contract have personally observed the annotated dewatering procedure recorded herein during the timeframe specified above. Said procedure has complied with the conditions specified in the Waterfront Development PermitlWater Quality Certificate issued by the NJDEP for the project. Signature: _

35 NYSDECINJDEP WQC FIELD OFFICE INSPECTOR'S FORM

Inspector Name: ------

Date/Time of Inspection: ~ USACE Contract Number: _

Contract Reach: _ Dredge Name: _

State(s) Pelmit(s) on Dredge (YIN): ~ NYSDEC PERMIT "Notice" on Dredge (YIN): _

Inspection of Dredge Bucket (Prior to Initial Use):

Type of Bucket: Is the appropriate bucket being used as per State WQC? (YIN): _

Is the environmental bucket equipped with appropriate software/sensors to ensure complete closure ofthe bucket? (Y!Nt _

Is the bucket operator controlling the rate ofdescent so as to maximize the vertical cut; while also controlling over penetration? (YiNL_

Description of Bucket:

Are all flaps (ifappropriate) intact and appear operable? (YIN):

Comments and additional actions taken on initial inspection: _

Inspection of Dredge Bucket During Construction:

Type of Bucket: _ Is the appropriate bucket being used as per State WQC? (YIN):

Are sensors and software fully operational during dredging? (YIN)

Describe softwarelsensors monitored by NY District rep, _

Description of Bucket: _

Are all flaps (if appropriate) intact and appear operable? (YIN):

Observed approximate Hoist Speed (ftlsec):

Comments and additional actions taken on inspection: .__"~ _

Has there been any observance of Barge Overflow of any contaminated, nonMHARS, and non~Rock Dredged Material? (YIN): _

Is dredged material placed deliberately in barge in order to prevent spillage ofmaterial overboard? (YIN):

Is sediment transport barge of solid hull construction or sealed with concrete, except as pennitted for aquatic placement? (YIN): _

Were gunwales rinsed or hosed during inspection? (YIN):

Is dredging occurring during the WQC specific "no dredging" time and area restrictions? (YIN):

Have silt curtains been placed where specified in wQe? (YIN):

Additional Actions and Comments: _

36 APPENDIX A

37 November 18, 2009

Ms. Emma Berenblit New York City Department of Transportation Division of Franchises, Concessions and Consents 55 Water Street 9th Floor South New York, NY 10013

RE: Hudson Transmission Partners 345kV Electric Transmission Lines in 52nd Street and in 12th Avenue Borough of Manhattan Our Project Number 070858202

Dear Ms. Berenblit:

On behalf of Hudson Transmission Partners (HTP), we are, herewith, submitting the following documents in support of our Petition for a New Revocable Consent for the project noted above:

1. Petition Form: 1 original + 10 copies 2. Project Description (attached to Petition Form): 1 original + 10 copies 3. Filing Fee Check #1609 in the amount of $750.00, dated Nov. 2, 2009 4. Business Certificate for HTP (attached to Petition Form: 1 original + 10 copies 5. Form RC-10: 1 original for CMX & 1 original for Brierley Associates 6. Tax Identification Form (2pgs) : 1 original 7. Plans for Filing: 1 original + 10 sets wi original signature & seal 8. Supplemental Reports: 2 copies each • Geotechnical Report prepared by CMX • Phase 1 Environmental Assessment Report prepared by CMX • Phase 2 Environmental Assessment Report prepared by CMX • Horizontal Drill Design Report prepared by Brierley Associates • Hydraulic System Report prepared by Prysmian Cables & Systems 9. As-Built Drawings for water and sewer provided to CMX by NYCDEP: 2 copies of each

We have contacted Con Edison for a letter confirming the utility company's knowledge of the project and acceptance of the proposed design, and will forward that letter to you under separate cover as soon as we receive it.

I would like to take this opportunity to thank you and your staff for the assistance you have provided us in assembling this package of materials, and providing us with a better understanding of the

WORKING TOGETHER FOR A BETTER TOMORROW@

JUSTIN CORPORATE CENTER, 200 STATE HIGHWAY NINE: II PO Box 900 I MANALAPAN, NJ 07726-0900 TEL 732.577,9000 I F'AX 732.577.9888 I WWW.CMXENGINEERING.COM 38

NE:w.JeRSEY P"NNSYLVAN1A NEW YORK MARYLAND FLORIDA 070858202 Ms. Emma Berenblit November 18, 2009 Page 2

Revocable Consent process. If you have any questions about the enclosed materials or require additional copies of the enclosed materials, please call me at the number, below, ext. 526.

Very truly yours,

Frank A. Frega, PE, Principal

FAF:faf:pjb c: Chris Hocker (HTP) Charles Micciche (HTP) Nathan Kelley (Prysmian Cable & Systems) Walter Kubis (Prysmlan Cable & Systems) John Dax (Dax Law Firm) Robert Stevens (Curtis Thaxter)

N:\project\2007\0708582\02\NYC DOT\Revocable Consent\Application Transmittal 11182009.doc

39 iNEW YORK CITY i=-~_ l.,' & •

Petition For A New Revocable Consent

New York City Department of Transportation Division of Franchises, Concessions and Consents 40 Worth St, 9th Floor South New York, NY 10013 Telephone: (212) 442-8040

Date of Submission: IIII '8/

The above named petitioner requests a revocable consent from the Department Of Transportation construct, maintain and use: (fili in Type ofstructure (s) description and location (s) Proposed duct bank & pit/vault (chambers) to be constructed under and across 52nd Street & 12th Avenue in the Borough of Manhattan.

Notes: Use attachments if additional space is required. Petitioner must submit photos of existing conditions for above ground structures, whether subject structures are in place or not.

Property Information: 1. The premises affected by the proposed structure (s) are: (check applicabie box)

D Owned by petitioner D Leased by petitioner (if this box is checked, submit copy of deed) (if this box is checked, submit consent ofthe owner along with copy of the deed and iease)

2. Primary property benefited Secondary property benefited Address: Con Edison Substation 683·699 12th Ave, New York, NY Address: Pier 92 Block and Lot: Block 1097 i Lot 11 Block and L-'-o':':t::":':::B::"IO-C-k-1-1-09-i-L-o-t3-0------Owner: of New York Owner: NYC Department of Small Business Services (if oniy one property, indicate N/A, if more than two, attach additional information to this form)

3. Community Planning District (Community Board) Number: _M"'a.:..:.nh.:..:.a"'tt"'anc..:..:.::C::-B_,..:.,4 _

4. City Council Member Name: ------Council District #6 - Gale Brewer

40 Petitioner Information: The petitioner is (check applicable box)

o A domestic corporation. (Incorporated in the State of New York)

o A corporation organized under the laws of the State of and duly authorized to do business in the State of New York.

o A general partnership. o An individual.

mOther (fill in description): Limited Liability Company

Note: Petitioner must attach a copy of Certificate of Incorporation with appropriate seal or Certificate of Partnership.

The Petitioner will use the requested structure (s) for the following purpose (s): See Attachment.

Petitioner Agrees To The Following Terms Of Petition Acceptance By Dot:

1. Petitioner covenants that the revocable consent, if granted, will be for the private use of the petitioner.

2. Petitioner warrants that all taxes due to the City of New York have been fully paid.

3. For all above-ground structures, except planters: Upon notification by the Department that approvals have been secured from all agencies having jurisdiction, the petitioner will submit all necessary materials and make a presentation to the Art Commission. Petitioner agrees to comply with this requirement within 45 days after such notification by the Department.

4. Petitioner agrees to pay, within 30 days of its receipt, an invoice for advertising fees for two notices in each of two newspapers to inform the public of the hearing on agreement terms. Hearings are held pursuant to Section 371 of the New York City Charter.

5. The petitioner agrees to execute (sign) the revocable consent agreement and return it to the Department within 15 days of its receipt. Failure to do so may result in denial of consent.

6. Petitioner acknowledges that the final agreement will include provisions for yearly compensation to the City, maintenance of a security deposit and filing of proper insurance documents. Petitioner agrees to submit a payment of security within 30 days of notification by the Department that such item is due. Petitioner agrees to maintain a certificate of insurance on the structure for which consent is to be granted.

Additional information, if any: None.

41 Wherefore, Petitioner affirms that he/she will conform to the terms of petition acceptance listed above, or if not, he/she will before 10 days prior to any and all such due dates, request from the Department in writing, an extension of the due date(s). Reasons for the extension must be included. The petitioner understands that, if these terms and conditions are not met, the Department will, without further notice, void the petition. If a petition is voided, a new petition must be submitted along with the required petition fee. Petitioner acknowledges that the Department may, in its sole discretion, allow exceptions to the requirements contained in this paragraph.

Wherefore, petition.e.:x!'.eCtfUIlY req~es:s/h/th. e revocable consent be granted as aforesaid. B ,->/tG~ / 1{L VJ3:1/ (A.. ~ Petit" .ner's Signature (Ar;Jfc/Jfk:.r fiMh?r Print Name of Signatory

I/,u f/c-JltleJ f ,J/dJtPI,'1;) Print Title of Signatory ( , . I lith Subscribed and sworn to before rne this ~ day of 0 ,20 --'----,----1

42 Attachment to Petition for a New Revocable Consent

Hudson Transmission Partners, LLC (HTP) Proposed 345kV Underground Duct Bank and Electric Power Cables Segment 4 of the HTP Cable Project Project Information November 18, 2009

Project Description

This project will construct utility infrastructure for the transmission of 345 kVof electr'lc power from an electric substation owned by Public Service Electric and Gas in Ridgefield, New Jersey across the Hudson River to the Can Edison Substation on 12th Avenue between 49th and 50th Streets. The developer, HTP, will be working with Prysmian Cables & Systems, Inc. who will be providing the cable & equipment and construction management services for the project.

A 345 kV underground duct bank and electric power cables comprise Segment 4 of the HTP Cable Project in New York City. The route begins in New York City at a coffer dam in the Hudson River west of the pier line and north of Pier 92, and continues easterly under the river and under Joe DiMaggio Highway-Route 9A (12th Avenue) to a submarine cable transition pit (chamber), located under 520d Street between 11th and 12th Avenues, apprOXimately 70 feet east of the 12th Avenue curb line. From the transition pit, it reverses direction and continues westerly along 520d Street to 12th Avenue, where it turns southward along 12th Avenue, generally in the easterly sidewalk area, and extends to the Con Edison 49th Street substation, located on the east side of 12th Avenue between 49th and 50th Streets. The total route length is approximately 1800 feet from the coffer dam to the transition pit and approximately 915 feet from the transition pit to the Con Edison substation.

Horizontal Direct Drilling (HDD)

The HDD portion of Segment 4 will extend, approximately 1800 feet, from 520d Street to a coffer dam located in the Hudson River, immediately north and west of existing Pier 92. Three drills will be used to bore into the sidewalk and roadway of 520d Street, approximately 50 feet from the easterly curb line of Joe DiMaggio Highway, continuing underground diagonally across the 520d Street intersection with 12th Avenue through the bulkhead line, and under the river along the pier, finally emerging in the coffer dam near Pier 92. It is estimated that the HDD will require a 12-hour work period, six days per week for approximately 90 calendar days. Thereafter, three 24-hour days will be required to complete the duct pull- back - one day to set up, one day for the pull-back, one day to take down the set-up.

Because of the physical constraints on the set-up of the equipment and the necessary alignment of the drill bores, it will be necessary to close 520d Street while the work is completed for the southernmost bore, Drill #3. Eastbound vehicular traffic will be detoured to 50th Street and 54th Street. Access to properties will be available from 11th Avenue. Temporary concrete barrier with appropriate end treatment will protect the work area.

1 43 During construction of the middle and northernmost bores (Drill #2 & Drill #1 respectively), a single lane, 14 feet wide, will be maintained at all times adjacent to the work area on 52"d Street. Temporary concrete barrier with appropriate end treatment will protect the work area.

Pedestrian access will be maintained at all times along 52"d Street, although the sidewalk on the north side of 52"d Street will be closed and pedestrians diverted to the southerly sidewalk.

Open Trench Construction (OTC)

OTC will be used to construct the remainder of the system, approximately 915 feet. to the Con Edison Substation on the east side of 12th Avenue midway between 49th and 50th Streets. OTC will be used to construct the transition pit and the fluid vault (chamber) in 52"d Street and to construct the duct system from the drill head to the transition pit, from the transition pit down 52"d Street to 12th Avenue, and along the east side of 12th Avenue (sidewalk and curb lane) from 52"d Street to the Substation. The underground fluid vault will contain hydraulic tanks and control systems to maintain the internal hydraulic pressure of the self contained fluid filled 345 kV submarine cables and maintain a supply of the fluid during emergency conditions. It is estimated that this work will be completed over a period of 90 to 150 calendar days.

During this construction, a single lane, 14 feet wide, will be maintained at all times adjacent to the work area on 52"d Street. Temporary concrete barrier with appropriate end treatment will protect the work area during pit/vault (chamber) construction. Pedestrian access will be maintained at all times, although the sidewalk on the north side of 52"d Street will be closed and pedestrians diverted to the southerly sidewalk.

Along 12th Avenue, the parking lane and the northbound right travel lane and the easterly sidewalk will be closed on a block-by-block basis from 49th Street to 52"d Street, except at the entrance to the Con Edison substation. Work at the entrance to the substation will require the closure of an additional northbound travel lane between 49th and 50th Streets. Pedestrians will be diverted to the westerly sidewalk at established crosswalks along 12th Avenue.

n:\project\2007\0708582\02\nyc dot\revocable consent\project information.doc

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------._------~------t\lTICLES OF QROANlZATJON OF ffiIDSON TRANSMISSION PAR'I't'mRS, LtC \• ;;g Under Section 2()3 oftbe I.rome£! Liability Compauy Law Icc ~ -----~ ------SnrrOF ~rW-YO~f - : DEPARTMENT Of STATE i flWl JUM \ 0 illllS =~:: :tlt< :

Piled by: Skaddan, Arps, Slate, Meagher & Flolll W :g One RodneY Square 0 .... P.O. Box 636 liJ ';C- ;;;.- .... Wilmmgtcn, DE 1980 t W- <:l U W - tr. ~ i

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\ 47 I, Frank A. Frega A duly licensed professional engineer or registered architect with an office at CMX, 200 Route 9 North, PO Box 900, Manalapan, NJ 07726-0900 do here with submit plans for a revocable consent for the 345 kV Underground Duct Bank and Electric Power Cables project from the Hud~on RLver at Pier 94 across 52nd Street and along the east side of 12th Avenue to the Con at

54989

Telephone Number (732) 577-9000

Authorization of Petitioner

I, , hereby authorize the above named party to submit the abOVV~T',)e, d p ,ans pu~~u, ,a 1tjl,y application for a revocable consent. /) ,/01 (/ 7' C; £<5. l?;(ltty. 1\;& c1:>, (signature) j

--cc--c-.,-IG_'..;;Jc_),_/:...._"_;-1-1---=-/2-,-',,_'<..;;:;/'1.7 _ (date)

Click here if you wish to obtain a voter registration form. Government services are not conditioned on being registered to vote. A voter registration form can also be obtained at htto:llnvc.Clov/htmllmisc/html/reaister.html, or bv callina (212) 868-3692.

48 I, Brian Dorwart ,~PG A duly licensed professional engineer or registered architect with an office at Brierley Associates LLC, 167 South River Rd., Unit #8, Bedford, NH 03110 do here with submit plans for a revocable consent for the 345 kV UnderJl!ound Duct Bank and ___E::::l~ctric Power Cables proj ect from the Hudson River at Pier 94 across 52nd Street and along the east side of 12th Avenue to the CQP Edison Substation between 49th at and 50th Streets. ~ _ p=l!~~lon), 1/-/7-DG __"'e:C/~//~,_~,=--=- =-__:.-'~-=-~, _ (signature) New York State License Number 1.

Telephone Number 603-206-5775

Authorization of Petitioner

I, {lA r;s fi)fJ~c. r i./vcf:L ( ,hereby authorize the above named party to submit the 1 .' -? \ above n t./ p.l~ns pursuan.t/1;0'y application for a revocable consent.

/' .: : .. ,~ /// ,'- -0/',j~ ~ II,_.,' ,,- , //' /" ~ /? ~'1", i (p, -fl....., lJIlJ,: I L c·· " (signature) V!

II,In/Vi, (date)

~~~~ if you wish to obtain a voter registration form. Government services are not conditioned on being registered to vote. A voter registration form can also be obtained at htt :/In c. ,_or b cal~~_212) 868-3692.

49 Db NOT SUBMffFORM TO IRS· SUBMIT CITY OF NEW YORK FORM TO REQUESTING AGENCY SUBSTITUTE FORM W·9; fil!)l Revision REQUEST FOR TAXPAYER iDENTIFICATION NUMBER 8. CERTIFICATION TYPE OR PRINT INFORMATION NEATLY. PLEASE REFER TO INSTRUCTIONS FOR MORE INFORMATION, Part I: Vendor Information i, Legal BusIness Name:(As it appMrs on IRS EIN records, CP57S, 147C" ct- 2. If you use DBA, please Hst below: Social Security Admin records, Soda! Security CErd, certified Farm SSA7028j Hud5t!Y1 774Mll' ,.~'r!Jh ';i1-irt-~'I':JS, L. LC

3. Entity T~,rpc {Chock one only): Church Of Church-Gontro!led Qrg3fllZation

!'Jorl-Profit Corporation! City of NevI York Individual! Sole Trust 0 Corporatibn 0 LLe 0 o t::rnployee proprJetof D JointVenture Pa rt!le;snipl Single Member LtC Res,\der\VNorl­ Non~United Surles Estate 0 ~ LLC 0 (In<:iivid-u<1lfj o Residenl AliGn o BuC';ir;e~!'; Entity D Part II: Taxpayer Identification Number (TIN) 8< Taxpayer Identification Type

1. Ente' your TIN her.; (DO NOT USE DASHES) I c~ 0 13 I ~ Ilf !~ 1 I I Ceo 10 2. Taxpayer Identification Type (check appropriate box):

Socia! Security No InoMdual TaxpayB( N/A (Non-Unitlffu United O {SSN) o ID No" (IT1N). D Stales' Business EntJIy) Part III: Primary 1099 Vendor 8< Remittance Address 1. Primary 1099 Vendor Address: 2, Remittance Address: !, Number, Street, and Apartment Of Suite Number Number, Street, and Apartment or Suite Number _;:;D/ K; "5' fl.,,)'" ''-''''''I E" $I'! f'u, re_ 3dD .rei /<"l1j! iI.:..,I"II.

City, Stale,and Nine Digit Zip Code or Country City, Stale,and Nine Digit Zip Code or Country +ti.;,..f:~~ld, C-,' c>61fJ.<; TctC, ,;.; dAY, C T '"c, K,;<.r- i Part IV; Exemption from Backup Withholding

For payees exempt irom Backup Withholdir1g, check the box belO\v. Valid explanatlon reequifed for exemption. See instructions. D Exempt from Backup Withholding

Part V: Certification The Internal Revenue SelVtce does not require your consent to any prov!s ion Of this document other than the certifications required!o avoid baCkup withholding. Unde, penaitles of pe~rcef\ily that the numb~r'07 "" thIS form IS my correct Taxpayer identlficallon Number (TIN)

~~~: (1;th '7>jPkh. Yt;1i1,~ ,;yt FOR SUBMITTING AGENCYUSE ONL Y Submrttlng Contact AgBncy Code: II Person: Contad',\; F> Te!ephone ( ) Mail Address: Number;

PayeeIVendor Code: I i I I I I i I I I i I

DO NOT FORWARD W-9 TO COMPTROLLER'S OFFICE. AGENCIES MUST FAX COMPLETED W-9 FORMS TO THE IIALI/JA nON UNIT: 50 Attachment to Contract

AFFIRMATION

The undersigned petitioner affirms and declares that said petitioner is not in arrears to the City of New York upon debt, contract, or taxes and is not a defaulter, as surety or otherwise, upon obligation to the City of New York, and has not been declared not responsible, or disqualified, by any agency of the City of New York, nor is there any proceeding pending relating to the responsibility or qualification of the petitioner to receive public contracts except as shown in ExhibitA.

Full name of A, B, C, or D: Jlui/.\th·~f..i1.sYh;S $'0'" f"'''''+h c ..T, LtC

Address: --'=-:....~~~--'~?--':::.:..j--'=:.=:-:~..::::.~--==- ~_. _ City: r;i-' r~c- ltd State: ...... :'-' Zip Code: 06.&';;...c;;

CHECK ONE BOX AND INCLUDE APPROPRIATE NUMBER: o A -Individual or Sole Partnership' SOCIAL SECURITY NUMBER

o B - Partnership, Joint Venture or other unincorporated organization EMPLOYER IDENTIFICATION NUMBER

o C - Corporation EMPLOYER IDENTIFICATION NUMBER

o -Limited Liability Company EMPLOYER IDENTIFICATION NUMBER

Ifa corporation . By: place seal here

(Title)

Must be signed by an officer or duly authorized representative. * Under the Federal Privacy act the furnishing of Social Security Numbers by bidders on City contracts is voluntary. Failure to prOVide a Social Security Number will not result in a petitioner's disqualification. Social Security Number will not be used to identify petitioners to ensure their compliance with laws. to assist the City enforcement of laws as well as to provide the City 11 means of identifying businesses which seek City contracts.

51 DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278·0090

REPlYTOREPlYTO ATTENTIONATTENTION OF:OF: RegulatoryRegulatory Branch DEC 062010

SUBJECT:SUBJECT: Department of the Army Permit Number NAN-2008-00732 IssuedIssued 66 DecemberDecember 2010 To Hudson Transmission Partners, LLC To Construct AnAn ElectricElectric Transmission Cable In The Hudson River Between CliffsideCliffside Park, New Jersey and Manhattan, New York

Mr.Mr. ChristopherChristopher Hocker HudsonHudson Transmission Partners, LLC 501501 KingsKings Highway East, Suite 300 Fairfield,Fairfield, CT. 06825

DearDear Mr.Mr. Hocker: Enclosed please find the subject issued Department of thethe ArmyArmy permit for your company's proposed electric transmission cablecable inin the Hudson River between Cliffside Park, New Jersey andand Manhattan,Manhattan, New York.

As permittee your attention is specifically drawn to Special ConditionsConditions (D), (E), and (F) of the issued permit requiring specialspecial coordination and protections because your company's proposedproposed electric transmission cable would be constructed inin proximityproximity to the two existing Williams Gas Pipeline-Transco 24-24­ inch-diamterinch-diamter natural gas pipelines in the river.

Your company, as permittee, is required to submit toto thisthis office,office, within thirty days of the project start and finish dates, thethe scheduled date of commencement of regulated work and thethe regulatedregulated work's completion date. Enclosed please find twotwo formsforms forfor youryour firm to use to submit these required dates. InIn order for us to better serve permit applicants and members ofof thethe public;pUblic; please complete our Customer Service Survey atat http://www.nan.usace.army.mil/business/buslinks/regulat/index.php?http://www.nan.usace.army.mil/business/buslinks/regulat/index.php? surveysurvey If for any reason, a change in your company's plans oror constructionconstruction methods is found necessary, please contact usus immediatelyimmediately to discuss any needed modification of your permit. AnyAny regulatedregulated changes must be approved before they are undertaken.

52 DEC 062010 RegulatoryRegulatory Branch SUBJECT:SUBJECT: Department of the Army Permit Number NAN-2008-00732 Issued 66 DecemberDecember 2010 To Hudson Transmission Partners, LLC To Construct AnAn ElectricElectric Transmission Cable In The Hudson River Between CliffsideCliffside Park, New Jersey and Manhattan, New York

Sincerely,

~--~~~.•.

EnclosuresEnclosures

CopiesCopies furnished with enclosures

Mr.Mr. MarioMario DiCocco, Director,Director, Princeton Division WilliamsWilliams Gas Pipeline-Transco 9999 FarberFarber Road Princeton,Princeton, NJ 08540-6237

PeterPeter R. Valeri, Regional Engineer FederalFederal Energy Regulatory Commission OfficeOffice of Energy Projects NewNew YorkYork Regional Office 1919 WestWest 34th Street, Suite 400 NewNew York,York, NY 10001-3006

ByronByron Coy, Director U.S.U.S. Department of Transportation PipelinePipeline and Hazardous Materials Safety Administration (PHMSA)(PHMSA) EasternEastern Regional Office / PHP-l00 820820 BearBear Tavern Road, Suite 306 WestWest Trenton, New Jersey 08628

SuzanneSuzanne U. Dietrick Director NewNew JerseyJersey Department of Environmental Protection OfficeOffice of Dredging and Sediment Technology P.O.P.O. BoxBox 028 Trenton,Trenton, New Jersey 08625

FloydFloyd E. Barwig, Director OfficeOffice of Energy Efficiency and the Environment StateState of New York Department of Public Service ThreeThree Empire State plaza Albany,Albany, New York 12223-1350

2 53 DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278·0090

REPLYTOAEPLYTO ATTENTION OF: CENAN-OP-RH

IMPORTANT

This letter must be completed and mailed to the Harbor Supervision & Compliance Section at the above address prior to commencement of any work authorized under the permit.

Permittee: Hudson Transmission Partners, LLC Permit Number: NAN-2008-00732 DEC 062010 Date Permit Issued: Expiration Date: DEC 062013

Waterway: Bellman's Creek and Hudson River

City & State: Ridgefield, Bergen County, New Jersey and Borough of Manhattan, New York County, New York

Work will commence on or about: ______

NameName, I Address & Telephone Number of Contractor:

Signature of Permittee Date

Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or FAX to (212) 264-4260.

Place Stamp Here

Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building ATTN: CENAN-OP-RH New York, New York 10278-0090

54 DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y.l0278'{)090N.Y.10278.Q090

REPLYTO ATTENTION OF: CENAN-OP-RH

IMPORTANT

. This letter must be completed and mailed to the Harbor Supervision & complianceCompliance Section at the above address prior to commencement of any work authorized under the permit.

Permittee: Hudson Transmission Partners, LLC Permit Number: N&l5-i608-00732~-2608-00732 DEC 13\3 Date Permit Issued: DEC 062010 Expiration Date:

Waterway: Bellman's Creek and Hudson River

City & State: Ridgefield, Bergen County, New Jersey and Borough of Manhattan, New York County, New York

Work will commence on or about: ______Name, Address & Telephone Number of Contractor:

Signature of Permittee Date

Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or FAX to (212) 264-4260.

placePlace stamp Here

Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building ATTN: CENAN-OP-RH New York, New York 10278-0090

55 DEPARTMENT OFOFTHE THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y.1027S·0090N.Y. 10278·0090

REPLY TO ATTENTION OF: CENAN-OP-RH

IMPORTANT

This letter must be completed and mailed to the Harbor Supervision & Compliance Section at the above address following completion or cancellation of work authorized under the permit.

Permittee: Hudson Transmission Partners, LLC Permit Number: NAN-2008-00732

Date Permit Issued: DEC 062010 Expiration Date: DEC 062013

Waterway: Bellman's Creek and Hudson River

City & State: Ridgefield, Bergen County, New Jersey and Borough of Manhattan, New York County, New York

Check and complete applicable item(s) listed below: Work was completed on Work will not be performed on the project. Deviation from work authorized in permit is explained below. Other (explain)

For dredging projects, list the volume of material dredged, and the amount placed at each disposal location (if more than one) . cubic yards placed at cubic yards placed at cubic yards placed at

Signature of Permittee Date

Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or FAX to (212) 264-4260.

placePlace Stamp Here

Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building ATTN: CENAN-OP-RH New York, New York 10278-0090 56 DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278'()09010278-0090

REPLYAEPLYTOTO ATIENTIONATTENTION OF: CENAN-OP-RH

IMPORTANT

This letter must be completed and mailed to the Harbor Supervision & Compliance Section at the above address following completion or cancellation of work authorized under the permit.

Permittee: Hudson Transmission Partners, LLC Permit Number: NAN-2008-00732 DEC 062010 Date Permit Issued:Issued; Expiration Date: DEC 062013

Waterway: Bellman's Creek and Hudson River

City & State: Ridgefield, Bergen County, New Jersey and Borough of Manhattan, New York County, New York

Check and complete applicable item(s) listed below: Work was completed on Work will not be performed on the project. Deviation from work authorized in permit is explained below. Other (explain)

For dredging projects, list the volume of material dredged, and the amount placed at each disposal location (if more than one) . cubic yards placed at cubic yards placed at cubic yards placed at

Signature of Permittee Date

Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or FAX to (212) 264-4260.

Place Stamp Here

Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building ATTN: CENAN-OP-RH New York, New York 10278-0090 57 DEPARTMENT OF THE ARMY PERMIT Permittee:Permittee: Hudson Transmission Partners, LLC 501 Kings Highway East, Suite 300 Fairfield, CT 06825 (203) 416-5590

PermitPermit Nwnber:Nwnber: NAN-2008-00732 DEC 062010 IssuingIssuing Office:Office: US Army Corps of Engineers New York District

NOTE:NOTE: TheThe te.rTnte.rTn "YOU""you" and its derivatives, as used in this permit, means thethe permittee oror anyany futurefuture transferee.transferee. The term "this officeu refers to the appropriate districtdistrict oror divisiondivision officeoffice of the Corps of Engineers having jurisdiction over the permitted activityactivity oror thethe appropriateappropriate official of that office acting under the authority of thethe conunandingconunanding officer.officer. YouYou are authorized to perform work in accordance with the termsterms and conditionsconditions specifiedspecified below.below.

ProjectProject Description:Description: Construction of a new 345 kV AC electric transmissiontransmission cablecable systemsystem from a cofferdam at Edgewater, NJ across the Hudson River inin aa buriedburied submarinesubmarine cable configuration to make landfall via a cofferdam atat thethe ManhattanManhattan Passenger Ship Terminal Piers 92-94 on the Midtown ManhattanManhattan waterfront.waterfront. The 345 kV cable will have the capacity to transmittransmit 660660 megawattsmegawatts (MW)(MW) of power. The cable shall be buried at a minimum depth ofof 1515 feetfeet belowbelow authorized channel depth within the Congressionally-authorized Edgewater-WeehawkenEdgewater-Weehawken Federal Navigation Channel, and at a minimum depth ofof 1010 feetfeet belowbelow thethe present river bottom outside the Congressionally-authorized FederalFederal NavigationNavigation Channel. The proposed cable route shall safely crosscross overover thethe existingexisting deeper TRANSCO gas pipelines installed in the riverbed nearnear NYC'sNYC's WestWest 7777thth Street. This portion of the cable route is to be 3.63.6 milesmiles inin length,length, of which approximately 0.3 miles are in NJ and 3.3 miles inin NY.NY.

TheThe cablecable will be buried using hydraulic jet plow embedment where possiblepossible andand thenthen barge-mounted clamshell bucket dredging as needed to obtain thethe requiredrequired burialburial elevations. The temporary river edge cofferdams willwill bebe constructedconstructed using a barge-mounted clamshell bucket to excavate approximately 1,9001,900 cubiccubic yards (CY) of sediment from the cofferdam in New Jersey andand 2,1002,100 CYCY fromfrom the cofferdam in New York. The New Jersey cofferdam measuresmeasures approximatelyapproximately 67-feet by 100-feet and the New York cofferdam measuresmeasures approximatelYapproximately 48-feet by 100-feet in size. Steel sheet piles will bebe drivendriven intointo thethe sedimentsediment to construct the cofferdam walls. The excavation pitpit willwill bebe backfilledbackfilled with imported clean backfill material to restore thethe riverriver bottombottom toto pre-construction grade. All dredged material shall be disposeddisposed atat aa State-approvedState-approved upland placement site. The proposed cable route willwill resultresult inin approximately 6,170 square feet (0.14 acres) of temporary impactsimpacts toto regulatedregulated waters of the United States; and approximately 0.88 acreacre ofof temporarytemporary impactsimpacts to Hudson River regulated waters of the United States.

AllAll workwork shall be performed in accordance with the attached dated permitpermit drawingsdrawings andand Special Conditions (A) through (Q); and New York State PublicPublic ServiceService CommissionCommission Certificate Nwnber 08-T-0034 and the New JerseyJersey DepartmentDepartment of Environmental Protection Permit and Section 401 of thethe CleanClean WaterWater ActAct Water Quality Certificate Nwnber 0000-08-0030.1 WFD08000l, whichwhich areare allall herebyhereby made a part of this permit.

ENGENG FORMFORM 1721,1721, NovNov 8686 EDITION OF SEP 821S OBSOLETE. (33(33 eFReFR 325325 (Appefldix(Appendix A))A)) 58 1145-2-303b1145-2-303b (HUDSON(HUDSON RIVER/Hudson Transmission Partners/Cable crossing) PERMITTEE:·PERMITTEE: Hudson Transmission Partners, LLC DEC 062010062010 PERMITPERMIT NUMBER:NUMBER: NAN-2008-00732

ProjectProject Location:Location: IN: Bellman's Creek and Hudson River AT: Town of Ridgefield, Bergen County, New Jersey andand Borough of Manhattan, New York County, New York

PermitPermit Conditions:Conditions: GeneralGeneral Conditions:Conditions:

1.1. TheThe timetime limitlimit for completing the work authorized ends on DEC 062013 IfIf youyou findfind thatthat you need more time to complete the authorized activity, submitsubmit youryour requestrequest for a time extension to this office for consideration at leastleast oneone monthmonth beforebefore thethe above date is reached.

2.2. YouYou mustmust maintain the activity authorized by this permit in good condition andand inin conformanceconformance with the terms and conditions of this permit. You are not relievedrelieved ofof thisthis requirementrequirement if you abandon the permitted activity, although you may makemake aa goodgood faithfaith transfertransfer to a third party in compliance with General Condition 44 below.below. ShouldShould youyou wish to cease to maintain the authorized activity or should you desiredesire toto abandonabandon itit without a good faith transfer, you must obtain a modification ofof thisthis permitpermit fromfrom thisthis office, which may require restoration of the area.

3.3. IfIf youyou discoverdiscover any previously unknown historic or archeological remainsremains whilewhile accomplishingaccomplishing thethe activity authorized by this permit, you must immediatelyimmediately notifynotify thisthis officeoffice of what you have found. We will initiate the Federal andand statestate coordinationcoordination requiredrequired to determine if the remains warrant a recovery effort oror ifif thethe sitesite isis eligible for listing in the National Register of Historic places.Places.

4.4. IfIf youyou sell the property associated with this permit, you must obtain thethe signaturesignature ofof thethe new owner in the space provided and forward a copy of thethe permitpermit toto thisthis officeoffice toto validate the transfer of this authorization.

5.5. IfIf aa conditionedconditioned water quality certification has been issued for your project,project, youyou mustmust complycomply with the conditions specified in the certification as specialspecial conditionsconditions toto thisthis permit. For your convenience, a copy of the certification isis attachedattached ifif it contains such conditions.

6.6. YouYou mustmust allow representatives from this office to inspect thethe authorized activityactivity atat any timetime deemed necessary to ensure that it is being or hashas beenbeen accomplishedaccomplished inin accordance with the terms and conditions of your permit.

SpecialSpecial Conditions:Conditions:

(A)(A) TheThe permitteepermittee understands and agrees that, if future operations byby thethe UnitedUnited StatesStates require the removal, relocation, or other alteration, ofof thethe structurestructure oror work herein authorized, or if, in the opinion of the SecretarySecretary ofof thethe ArmyArmy or his authorized representative, said structure or work shallshall causecause unreasonableunreasonable obstruction to the free navigation of the navigablenavigable waters,waters, thethe permittee will be required, upon due notice form thethe CorpsCorps ofof Engineers,Engineers, toto remove, relocate, or alter the structural workwork oror obstructionsobstructions caused thereby, without expense to the united States. NoNo claimclaim shallshall bebe mademade against the united States on account of any such removalremoval oror alteration.alteration.

ENGENG FORMFORM 1721,1721, NovNov 8686 EDlTlON OF SEP 82 IS OBSOLETE. (33(33 eFReFR 325325 (Appem/ix(Appemfix A))A))

59

? _,_, 'P£RMITTEE:'P£RMITTEE: Hudson Transmission Partners, LLC DEC 062010062010 PERMITPERMIT NUMBER:NUMBER: NAN-2008-00732 (B)(B) TheThe cablecable shall be installed along the base of the Hudson River FederalFederal ChannelChannel inin New York to a minimum depth of IS-feet below the authorized channelchannel depthdepth (48-feet MLW) and to a depth of 15 feet below the side slopesslopes ofof thethe channel.channel. For the cable segment to be installed across thethe basebase ofof thethe Weehawken-EdgewaterWeehawken-Edgewater Channel in New Jersey the cable shall be installedinstalled atat aa minimumminimum depth of 15-feet below the authorized channel (-30 feetfeet MLW)MLW) andand toto aa depthdepth of 15 feet below the side slopes of the channel.

(C)(C) InIn thethe event that the permitted minimum burial depths have notnot beenbeen achievedachieved inin an area due to geologic or topographic features, following thethe post-installationpost-installation inspection, the permittee shall report the actual depth,depth, proposepropose aa plan for achieving an adequate protection level, submit itit toto USACEUSACE forfor review and approval, and commit to a reasonable schedule forfor implementationimplementation of the approved plan.

(D)(D) AA minimumminimum eight (8) weeks advance notice prior to any in-waterin-water constructionconstruction activity, the permittee must submit two (2) finalized setssets ofof constructionconstruction drawings to William Gas pipeline-Transco (WGP-Transco) officesoffices andand CrossCross Hudson Corporation. The drawings shall include the informationinformation requestedrequested inin WGP-Transco letter dated 22 April 2002.

(E)(E) TheThe permitteepermittee must notify WGP-Transco and Cross Hudson Corporation twentytwenty (20)(20) working days before commencing construction activities, andand obtainobtain receiptreceipt of notification from both.

(F)(F) AA minimumminimum vertical clearance of 15 feet is recommended between thethe bottombottom ofof thethe electric cable and the top of any WGP-Transco facility. AA lesserlesser clearanceclearance that will not adversely affect any WGP-Transco facility isis authorized.authorized.

(G)'(G)' TheThe permitteepermittee shall submit to the office of the U.S. Army CorpsCorps ofof Engineers-NewEngineers-New York District (USACE-NYD) a copy of an approved Environmental ManagementManagement and Construction Plan in accordance with Conditions 20 -- 2828 ofof thethe StateState of New York Public serviceService Commission Opinion and Order No.No. 08-T-08-T­ 00340034 dateddated September 15, 2010.

(H)(H) TheThe permitteepermittee shall submit diagrams showing the actual location ofof thethe cablecable systemsystem within six (6) months of completion of in-water cablecable installationinstallation work to the U. S. Army Corps of Engineers and thethe NationalNational MarineMarine FisheriesFisheries Service. (I)(I) TheThe permittee shall adhere to all the conditions and appendices specifiedspecified inin the State of New York Public Service Commission Opinion andand OrderOrder No.No. 08-T-0034 for the Article VII Certification of Environmental CompatibilityCompatibility and PUblicPublic Need dated September 15, 2010. (J)(J) TheThe permitteepermittee shall notify the United States Coast Guard (USCG),(USCG), StatenStaten Island,Island, NewNew York, and provide the following information: 1) when thethe startstart andand completioncompletion dates for the Hudson project are known, 2) the hours duringduring whichwhich workwork would be done, Le.i.e. daylight or 24-hours, 3) thethe namename andand descriptiondescription of work vessels on scene, 4) the VHF radio channel (s)(s) thethe vesselsvessels wouldwould be monitoring, and 5) a company point of contact availableavailable 24-hours24-hours aa day. The information would be faxed to the USCG office atat 718-718-

ENGENG FORMFORM 1721,1721, NovNov 8686 EDITION OF SE? 82 IS OBSOLETE, (33(33 CFR 325325 (Appmd/x(Appelldlx A))A))

60 PERMITTEE:PERMITTEE: Hudson Transmission Partners, LLC DEC 062010062010 PERMITPERMIT NUMBER:NUMBER: NAN-2008-00732

354-4190,354-4190, and would be provided a minimum 30 days before projectproject commencement.commencement.

(K)(K) TheThe permitteepermittee shall contact the New York City Dockmaster, Mr.Mr. GregGreg Smith,Smith, atat thethe 79thth Street Boat Basin at 212-496-2105, to ensure therethere areare nono conflictsconflicts with the recreational mooring field along the shoreline. TheThe permitteepermittee shall supply evidence of such contact with the New York District.District. (L)(L) TheThe permitteepermittee shall adhere to the special conditions provided inin thethe NewNew JerseyJersey Department of Environmental Protection (NJDEP) Permit No.No. 0000-0000­ 08-0030.108-0030.1 WFDWFD 080001, dated November 4, 2009, incorporating the Section 401401 WaterWater QualityQuality Certification.

(M)(M) TheThe permitteepermittee shall adhere to the special conditions provided inin thethe NewNew YorkYork state Department of Public Service Article VII Water QualityQuality certificationcertification dated September 16, 2010.

(N)(N) TheThe permitteepermittee shall coordinate with Tom Connolly, Supervisor ofof Roads,Roads, CountyCounty ofof Bergen, 70 Zabriskie Street, Hackensack, New Jersey 07601,07601, atat 201-626-2811,201-626-2811, and assure all required construction permits are securedsecured beforebefore constructionconstruction commencement.

(0)(0) CofferdamCofferdam and cable installation activities within the waterway shallshall onlyonly occuroccur between 6/1 and 11/15 of any calendar year. The following in­in­ waterwater activitiesactivities may be undertaken at any time of the year: benthic,benthic, geotechnicalgeotechnical and archeological sampling and testing; mobilization ofof vesselsvessels andand equipment for cable installation and cofferdam construction; postpost consultationconsultation surveys and sampling; locating and marking utilityutility crossingscrossings and, on prior notice to USACE and to National Marine FisheriesFisheries Service,Service, emergencyemergency maintenance work including any protection or reburialreburial workwork requiredrequired in Special Condition (C).

(P)(P) AA pre-andpre-and post-construction monitoring plan shall be required asas follows.follows. TheThe permittee shall perform a hydrographic/side scan sonar surveysurvey alongalong thethe cable route approximately nine (9) to twelve (12) months afterafter thethe cablecable system has been installed to verify that benthic profile recoveryrecovery hashas beenbeen achieved.achieved. This survey shall be submitted to the USACE-NYD andand thethe NationalNational MarineMarine Fisheries Service (NMFS) for review. If NMFS and USACE-NYDUSACE-NYD determinedetermine thatthat benthic recovery is adequately achieved based on thethe resultsresults ofof thethe firstfirst survey, no further surveys shall be required. If NMFSNMFS andand USACE-NYDUSACE-NYD determine that benthic profile recovery is not adequately achievedachieved afterafter the first survey event, further sampling and testing,testing, restorativerestorative measures, and/or mitigatory measures may be necessary; thethe permitteepermittee shall be notified in writing should USACE determine thatthat anyany ofof thesethese measuresmeasures are required. (Q)(Q) TheThe permitteepermittee shall restore all impacted wetlands (temporary andand permanent)permanent) toto preconstruct ion conditions before the work is complete. FurtherFurther Information:Information:

1.1. CongressionalCongressional Authorities: You have been authorized to undertake thethe activityactivity

ENGENG FORMFORM 1721,1721, NovNov 8686 EDITION OF SE? 82 IS OBSOLETE. (33(33 CFR 325325 (Appel/dix(Appel/dix A))A))

61

4 ',ptiUUTTEEs"P;tiuUTTEEI Hudson Transmission Partners, LLC I"~\ -, PERMITPERMIT NUMBERsNUMBER: NAN-2008-00732 DEC 062010062010

(X)(X) SectionSection 10 of the Rivers and Harbors Act of 1899 (33 U.S. Code 403). (X)(X) SectionSection 404 of the Clean Water Act (33 U.S. Code 1344). ()( ) SectionSection 103 of the Marine Protection, Research and Sanctuaries Act ofof 19721972 (33(33 U.S.C.U.S.C. 1413).

2.2. LimitsLimits of this authorization: a.a. ThisThis permit does not obviate the need to obtain other Federal, state,state, oror locallocal authorizationsauthorizations required by law. b.b. ThisThis permit does not grant any property rights or exclusive privileges. c.c. ThisThis permit does not 'authorize any injury to the property or rightsrights ofof others.others. d.d. ThisThis permit does not authorize interference with any existing or proposedproposed FederalFederal project.project.

3.3. LimitsLimits of Federal Liability:Liability. in issuing this permit, the Federal Government doesdoes notnot aSSumeaSSume any liability for the following: a.a. DamagesDamages to the permitted project or uses thereof as a result ofof otherother permittedpermitted oror unpermitted activities or from natural causes. b.b. DamagesDamages to the permitted project or uses thereof as a result of currentcurrent oror futurefuture activitiesactivities undertaken by or on behalf of the United States inin thethe publicpublic interest.interest. c.c. DamagesDamages to persons, property, or to other permitted or unpermittedunpermitted activitiesactivities or structures caused by the activity authorized by this permit. d.d. DesignDesign or construction deficiencies associated with the permitted work.work. e.e. DamageDamage claims associated with any future modification, suspension, oror revocationrevocation of this permit.

4.4. RelianceReliance on Applicant's Data:Data. The determination of this office thatthat issuanceissuance ofof thisthis permitpermit is not contrary to the public interest was made in reliance onon thethe informationinformation you provided.

5.5. ReevaluationReevaluation of Permit Decision: This office may reevaluate its decisiondecision onon thisthis permitpermit at any time the circumstances warrant. Circumstances thatthat couldcould requirerequire aa reevaluationreevaluation include, but are not limited to, the following: a.a. YouYou fail to comply with the terms and conditions of this permit. b.b. TheThe informationinformation provided by you in support of your permit application provesproves toto havehave beenbeen false, incomplete, or inaccurate (See 4 above). c.c. SignificantSignificant new information surfaces which this office did not considerconsider inin reachingreaching thethe original public interest decision.

SuchSuch aa reevaluationreevaluation may result in a determination that it is appropriate toto useuse thethe suspension,suspension, modification, and revocation procedures contained in 33 CFR 325.7325.7 oror enforcementenforcement procedures such as those contained in 33 CFR 326.4 and 326.5. TheThe referencedreferenced enforcement procedures provide for the issuance of an administrative orderorder requiringrequiring you to comply with the terms and conditions of your permit andand forfor thethe initiationinitiation of legal action where appropriate. You will be required toto paypay forfor anyany correctivecorrective measures ordered by this office, and if you fail to comply withwith suchsuch directive,directive, thisthis office may in certain situations (such as those specified inin 3333 CFRCFR 209.170)209.170) accomplishaccomplish the corrective measures by contract or otherwise and billbill youyou forfor thethe cost.cost.

6.6. Extensions:Extensions: General Condition 1 establishes a time limit for thethe completion ofof thethe activityactivity authorized by this permit. Unless there are circumstances requiringrequiring

ENGENG FORMFORM 1721,1721, NovNov 8686 EDITION OF SEP 82 IS OBSOLETE, (33(33 CFR 325325 (Appendix(Appel/dix A))A))

62 ,PERMITTEE: Hudson Transmission Partners, LLC , ' PERMIT NUMBER: NAN-2008-00732 DEC 062010

either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit'.

Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.

If,J-u/uI r (J-ul u Hudson Transmission Partners, LLC (DATE)

This permit becomes effective when the Federal official, designated to act for the SecretarySecreta~ of the Army, has signed below.

DEC 062010 (DATE) "fOR AND IN a~HAlF O£1'" John R. Boule II Colonel, U.S.u.s. Army District Engineer

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilitiesliabilit~es associated with compliance with its terms and conditions, have the transferee sign and date below. A copy of the permit signed by the transferee should be sent to this office.

(TRANSFEREE) (DATE)

ENG FORM 1721, Nov 86 EDITION OF SEP 821S821$ OBSOLETEOBSOLETE. (33 eFR 325 (Appelldix(Appendix A))

63 Gas Pipeline --T Transco ransco 9999 FaJberFaTber RoodRood PrincetoflPrincetofl ~1NJ 08540-623708540-6237 (if})(6f))) 936-1400936-1400 Fl.Fl.,;... : (609)(609) 936-1430936-1430

AprilApril 22,22, 2002 F I 1-£ : US A.e-E MarcMarc HelmanHelman U.S.U.S. ArmyArmy Corps ofEngineers NAN - 2006 - 00732.. NewNew YorkYork District JacobJacob K.K. JavitsJavits Federal Building s pe:c./Il L CoN 0 /r/or-!,rlor-! ll D)D) NewNew York,York, New York 10278-0090\0278-0090 AATIN:TIN: RegulatoryRegulatory Branch

REF:REF: PllblicPublic Notice Nllmber:Number: 2001-01201-Y3 InstallInstall an Electric Generator Lead, Dredge with Upland Disposal, Install Cofferdams, DischargeDischarge FillFill 24-1976,24-1976, SEV 4-1, NJ-4-4, 72SL (2-24")

DearDear fvlr.fvlr. Helman:

WeWe havehave receivedreceived and reviewed Public Notice Number 2001-0120 I-Y3l-Y3 referencing the proposed installationinstallation ofof anan electricelectric generatorgenerator leadlead inin thethe Hudson River. Please note that WGP-Transco operates twotwo (2)(2) submerged,submerged, high­high­ pressurepressure pipelinespipelines inin thethe immediateimmediate vicinity of the proposed construction activity. InIn order toto ensure thethe safety,safety, intcgIity,integIity, andand serviceabilityserviceability of our facilities, WGP-Transco offers the following:

•• PriorPrior toto beginning construction activity, the applicant must submit two (2) complete sets of constructionconstruction drawingsdrawings toto thisthis office for review. These drawings must indicate: 1. The exact locationslocations of WGP-Transco's twotwo (2)(2) 24" submergedsubmerged pipelines 2. The exact elevations ofWGP-Transco's two (2) 24" submerged pipelines 3.3. TheThe exactexact elevation of thethe proposed electric generator lead at the points at which itit will cross WGP-Transco's twotwo (2)(2) 24" submergedsubmerged pipelines. •A• A minimumminimum vel1ical clearance of fifteen (15) teet must be provided between the bottom of thethe proposed elecoicelecnic generatorgenerator leadlead and thethe toptop ofany WGP-Transco f.1cility. •• TIleTIle applicantapplicant must notifY Ken Philhower (201-933-5490) of WGP-Transco seventy-two (72)(72) hours beforebefore commencingcommencing construction activity.

ForFor anyany questionsquestions regardingregarding thethe above, please contact Eric Schmidt at 609-936-2414.

CordiallyCordially yoms,

MarioMario DiCoccoDiCocco Director-Director-Princeton Di\isionDi\~sion

By:By: :::-:---=-:-----c:-----­:::-:---=-:----c:-----­ EricEric SchmidtSchmidt EngineerEngineer II

CcCc KenKen Philhower,Philhower, Rich3rd Hollmann 64 ))

))

Proposed Cable System Plan SHEET NO. The Hudson Project USGS Area of USACE Jurisdiction: NJMC Wetlands Delineation DATE: At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & ) 07/10/09 USACE FILE: NAN-2008-00732 New York City, New York In: Bellman's Creek and Hudson River PROJECT NO. I ::C:':'C 0 6 20fO Applicant: Hudson Transmission Partners, LLC H149-004 65 / ' ...... ,-,,' '~ , \ NEW JERSEY ..) I Mt.ALJ,~l!LANLJ~ DEPARTMENT OF COM~~ION ENVIRONMENTAL l JURI<=: .1l()N, PROTECTION JURISDICTION \ ...... PROPOSED 230kV ",,_...... ) -N-N- ZONE X CABLE SYSTEM / (AREA OUTSIDE OF (OPEN lRENCH)TRENCH) , FLOOD PLAIN) '­ ! "- ...... \ BERGEN'-, SUBSTATION Y I ;:.--_ 100 YEAR FLOOD UMIT '-//' ZONE AE \ FLOOD EL=9.0 (NGVD) (EL=8.0 NAVD88) " (EL=8.0 NAVD88) ____APPROXiMATE FLOOD ~ ZONE BOUNDARY ../ ; .... , \ PROPOSED CABLE SYSTEM ,~'~--~I (OPEN lRENCH ""'TU"'" ) ""''-\... -"" t SPRING HIGH TIDE UNE "V .. "."' HIGHER. HIGH WATER) MEAN HlSI,r;'TlDE,AJNE __ , " '­ " \ EL=3.1' \ ,J \ \ o 100 200 \ Iiiiiiiiii~__iiiiiiiiiiil~~~~i • f rj!,' '\ SCALE IN FEET Scale: 1"=100' ': MATCHLINE SHEET 2 of 29 Purpose: AUTHORIZE AND MAINTAIN Proposed Converter Station SHEET NO. The Hudson Project 1 OF 29 Area of USACE Jurisdiction: NJMC Wetlands DelineationjNJDEP Wetlands Delineation DATE: 07/10/09 At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & New York City, N~w York USACE FILE: NAN-2008-00732 In: Bellman's Creek and Hudson River PR01ECTNO.PROJECT NO. Applicant: Hudson Transmission Partners, LLC H149-004 66 ~ '..../. -.../

__~ '~-r-::.~~' '-r---::z:fT--· '"""~\ in--. --...:::'~"-~, '-.""'"'-.,...... ~~rr----~'-.~,- - " . \oVETLAND -.,~-'~',J'I~...... :1 ~~'JiiI!.' J' '.'.' --~~ ------~I \~ , LINE . . . ..-....J MATCH LINE SHEET 1 ~E"L1NEA1l0N, ...... ~ ~~~iJ~RSE,,(~~W: JERS~~T-DEPAR11M~iT.: .):::"'~ I £';j -J~£-I:==---PROPOSED230kV!, ' , PROPOSED 230kV ','I QlfQI; iEN~RON~ENi1"AL,'EN~RON~ENi1"AL \\\f~\\\ ,,~ CABLE SYSTEM 1 ~~~iTfiC1l0N :JYRlSD1C ~'oN \. ~~i /...... CABLE SYSTEM , P.;R.IO.i'E.".,C1l0N OYRI~D.IC-n'oN ---, ;'/ f " "" (OR I !ri'~" \. v ,? , 1-33 (OR NEW JERSEY : r"l .. II,:!I' " ii" -N- e / ,?~ .AP ROX\ FLO.OD~~ , NEW JERSEY ,.I 'I' I,' I; J!.' ",,",...... "7f'-~,/' .,. " MEADOWLANDS lii'i, ZONE X l' /. ,e" .ZpNE BOUNDARY;:,;. ZONE X ~~~~?~~DSCOMMISSION UJ''. ' I/iii 1.. 1 .1 .. il' .. I'/ (AREA OUTSIDE OF I JURISDIC1l0N Uj'1) iii Iii . /' / { / //',', 'I (AREA OUTSIDE OF i JURISDIC1l0N " I!: :i , FLOOD PlAIN) ] ,, i ZONE X ,'i, ! ,,J' / " !" \ "" Wi' , , FLOOD PLAIN) I I'iii\i' ,I , ZONE X /'J l' / \.''-'" '." 1-30 1-31 " I I " 'I "I I',i (AREAI OUTSIDE OF 1\ 1 "': I 1' \ ~.,.1 ,I." (A~EA ~UTS1DE OF /! \ I !ii' i NEWN~" JERSEY !','i::i ii,,i FLOOFLOOD PLAIN) J // /: I I .... ,., ' / /' ' : 1 MEADOWLANDS DISTRICT I 1 I!!' i)i I 'j. / / //"" )' I ~29 I 1,1 'I J BOUNDARY UNELINE , II.'I! !,' I " J;. i / / ,~., .' , J I I,'il,ll: l 1/ j 'Nfl I' .~ Y_./I / 1-28 1, 1 i 1 ., / (/ 'I/' ,'" S i "' i I '.'.1 Jr.. ,' I'ii' U o /' / , 00 YEAR.,-FLOOD LlMITI' I~ S, 'i. 1 Ii'ii ..' i ~ / ZONE AE'~./ ...~:.J ' 'illl'1:'1 iiiIi I ~W Ii Ii ,. ~\Y. FLOOD EL,.=9.0 (NGVD) ! U I" i 1II III1 ~I Ii Ii i I .,->?\ (EL=8.0,NAVD88) ./", \ i=le [\ j LIMIT OF 1!\"[\11 iii II'1 .• ~iDl Ii II l! 1 (] I '" I PROP SED 'I

MATCHLINE SHEET 2 of 29 --++"-~IIf' :. ( "', , " t Ii , ~ I! I J ) \. I NEW JERSEY NEW JERSEY .• 1FLO00 ~EAE_FLOOD LIMn:' ~.r/I / ) ,~'"- MEADOWLANDS I DEPARTMENT OF· -N- ~Y~{IR COMMISSION I ENVIRONMENTAL i -, ~;~(=8 0-!:~N~:\jl//9.0 (NGVD~- r-""""'r---=~,iiift I" -~..\:"/ ~ I " JURISDICllON I PROTECllON ,. \ 'I JURISDICllON ., ~"",8.0~ NAV088)~"",) " . LIMIT OF .1 I " 3~:10'.l-,,-"+__ PR OSED 1 ~ I MEAN HIGH nDEllDE LINEr·:::;:...' \ JiIo.,\ .... CON RTER 12 EL.=3.1' STATIO LAYOUT I ~ \ ZONE X ENVIRONMENTAL LIGHT INUU!:>TRIALI x ~ :~~R::~ENTAL ZUOGNHT B1NO:m,AL ~E. ~','\ \ \ (AREA OUTSIDE OF ~ CONSERVATION DISTRICT ZONEE B ' Ii FLOOD PLAIN) i;'> '~5/l~l,I \ \ EXISllNG MEAN SPRING HIGH mOEDE LINE . i\J \ 'PAVED

((MEANMEAN HIGHER HIGHHIGHI WATER) ''IF''~_1-41 \\\'AREA E I I \ EL.=3.4'EL 3 4' '"' r = . ~ -", 1-:5 '-I \' ~ 1-2 ~~ \ \ APPROXIMATE FLOOD ,/~-'-.... ZONE BOUNDARY ;::,--- ~ -::--::- \ ( \ J ~ J I \ \ o 100 ....0..-_;/ SCALE IN FEET MATCHLINEMATCH LINE SHEET 4 of 29 Purpose: AUTHORIZE AND MAINTAIN Proposed Converter Station SHEET NO. The Hudson Project 3 OF 29 Area of USACE Jurisdiction: NJMC Wetlands Delineation/NJDEP Wetlands Delineation DATE: 07/10/09 USACE FILE: NAN-2008-00732 At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & New York City,Oty, New York In: Bellman's Creek and Hudson River PROJECTPR01ECTNO,NO. eECCE:C D[)S 2D1O2Dm Applicant: Hudson Transmission Partners, LLC H149-004 \f.}'1 68 MAMATCHLINE TCHLINE SHEET 3 of 29 , .'. .'..... C.C i NEW JERSEY _~--< DEPARTMENT OFJ'" iI I'. ENVIRONMENTALEN~RONMENTAL 0C) ) PROTECTION ~ r JURISDICTION '-J'--.J l

',:··.···! I ' rf')'- I i } \ , ,I"!:U" \ nYilJI ~ "~-,' - = = , II I,U = , J9:-,li, .. =;\ / 1 .•.' M:TLAND ' ,i"l.I.' .. (J.,'.7' ...... o.ELlNEA nON LIN ,I ,: i i .1'---' "1(j- , ! i:, I ' I ill /, lOl~ ii(:~1 i i ~-tr-""'4' !flr?P -,/ '{~ i !:' J I ", i , ii','. 'I' ~\ i j! \ PROPOSED I ,!!i i 345kV I IT I.! ) CABLE SYSTEM I I. I ! II fi" ,I , (ri'Jd hr ,--~LrlJ~ I I Ii ~ i j .' ,; Ii I ~I"I )) X. 100 YEAR FLOOD LIMIT "'~ [ Of" ZONE AE ·1. ~ FLOOD EL.=9.0 (NGVD) \ PLAIN) (EL.=8.0 NAV088) I I

CONSTRUCll0NeONSTRU ellON - - LIMIT (TYP.)

I l SHEET 6 of 29 o 100 200 MATCHLINE 0'jjjj' iiiiiiiiiiiiiiiiiiiiiiiiili1O~O~~~~2 ~O MA TCH LI NE 'iii' ; i _iiiiiiiiiiiiiiiiii_~~~~~J Scale: 1"=100' SCALE IN FEET proposed Cable System Plan SHEET NO. Purpose: AUTHORIZE AND MAINTAIN The Hudson Project 5 OF 29 Area of USACE Jurisdiction: NJMC/NJDEP Wetlands Delineation,l------lDelineationl~-~---IDATE: l---~~------_--I At: Ridgefield,RIdgefield, Fairview, North Bergen, Edgewater, New Jersey & 07/10/09 PROJECT NO. USACE FILE: NAN-2008-00732 In: Bellman'sNew YorkCreek City,and NewHudson York River PROJECT NO. In: Bellman's Creek and Hudson River H149-004 Applicant: Hudson Transmission Partners, LLC H 149-004 70 c!:cDEC 00S 6 ?O!O20\0 MATCHLINE SHEET 5 of 29 ,: I 110000 YEAR FLOOD IMIT ZONE AE I DELINEATION~:,~INEA TlON LINE ') FLOOD EL.=9.0EL=9.0 ( GV ) ) (EL.=8.0(EL=8.0 NAVD 8) fJ ~

i>-~:EAz~~0E(AREA ZONE0OUTS E OF ( FLOOD PIN) I ...... ---- PROPOSED ~ lc":-. .... ~ ~~~ [L~P~:::~~---- ,.~ ,\ t ,\ \; \ ..-- PRoposED NEW JERSEY MANHfE MEADOWLANDS COMMISSION I/ JURISDICTION / r--/---"r---I----,' NEW JERSEY ,! DEPARTMENT OF CONSlRUCTION ENVIRONMENTAL '-----'=::J---L_IM IT (TYP.) I\" PROTECTION I JURISDICTION \ \ '\ --, ------I\ ) \ / -----; ~;~~~-----TEMP'O~'RYIMPACT AREA,=, 920± s.f. PROPOSED HOD _--R~-1flTIllU ENlRY POINT , WETLAND D~LIINEI\TIOIN--jl!. DELINEATION LINE "9" I "8" NON- TIDAqI1bITCHloS,-J N0ll-TIDAL DITCHES / ZONE X I (AREA OUTSIDE OF PROPOSED CABLE , FLOOD PLAIN) SYSTEM (HDD(HOD INSTALLATION DELINEATION LINE I "5" I _,cr ?-~/~ -- _\ --~-~-~- ...... '='"

o 100 200 SHEET 7 of 29 j , j SCALE IN FEET . Scale: 1"=100' Purpose: AUTHORIZE AND MAINTAIN Proposed Cable System Plan SHEET NO. The Hudson ProjectPre,I.,.", G6 OF 29 Area of USACE Jurisdiction: NJMCjNJDEP Wetlands Delineationl------l DATE: 1------1~------~ At: Ridgefield,Rldgefield, Fairview, North Bergen, Edgewater, New Jersey & 07/10/09 j 07/10/09 USACE FILE: NAN-2008-007NAr~-2IJU8--UUf:l 2 New York City, New York In: Bellman's Creek and Hudson River PROJECT NO. t.:::~L;~~ U ()\) ,U1ULUlU Applicant: Hudson Transmission Partners, lLCLLC H149-004 71 )

-N- CONSTRUCTION , LIMIT (TYP.)

JI~U-~~PROPOSED 345kV CABLE SYSTEM (HOD)

100 YEAR FLOOD LIMIT ZONE AE FLOqDFLOqO EL.=9.0 (NGVD) (EL.=8.0 NAVD88)NAV088)

)

NEW JERSEY DEPARTMENTOEPARTMENT OF 1 I ENVIRONMENTAL 1.,! PROl£CTlONPROTECTION ZONE X j JURISDICTION (AREA OUTSIDE OF FLOOD PLAIN) I!

I .',f"',,..., (\(\, \\ o 100 200 ,I:111\~c \-; 'SHEET\ ~HEET 8 of 29 SCALE IN FEET : Scale: 1"=100' 1l \1-, \ '\ Purpose: AUTHORIZE AND MAINTAIN Proposed Cable System Plan SHEET NO. The Hudson Project 7 OF 29 Area of USACE Jurisdiction: NJMCjNJDEP Wetlands Delineation DATE: At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & USACE FILE: NAN-2008-00732 New York City, New York 07/10/09 In: Bellman's Creek and Hudson River PROJECT NO. DEC 062010 Applicant: Hudson Transmission Partners, llC H149-004 72 \ .....

) ) SCALE IN FEET II~ I

L Purpose: AUTHORIZE AND MAlNTAlN Proposed Cable System Plan SHEET NO. The Hudson Project 8S OF 29 Area of USACE Jurisdiction: NlMCjNlDEPNJMCjNJDEP Wetlands Delineation DATE: f------I At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & 07/10/09 USACE FILE:FI LE: NAN-2008-0073 New York City, New York In: Bellman's Creek and Hudson River PROJECT NO. DEC 062010 Applicant:Applialnt: Hudson Transmission Partners, LLC H149-004 73 "\---/ ~.

/I/ I ""- ri.," MATCHLINE ---- SHEET 8 of 29 J• r "-...... IJ " 'll "-...... --- "- I APPROX. FLOOD "- PROPOSED ZONE BOUNDARY.../' "-,,- MANHOLE ZONE X PROPOSED 345kV (AREA OUTSIDE OF CABLE SYSlEMSYSTEM FLOOD PlAIN)PLAIN) I I I AOOOI"IV! ~ f"'llf# ~..a::=.r-__.-.-, --.--- 'If ZONE X ~:::~:.---~~.:-~~.-:~--=--- ___ .. LO --====-- ..

ZONE X --- (AREA OUTSIDE OF ) -P;;;~ CABLE SYSTEM FLOOD PLAIN)PlAIN) -<~/ (ATTACHED TO BRIDGE) C'

______.--.---1\ ___ __ ----- "'" NEW"JER~Y ...... ~ ------LMI:..8llilcWLAi'!OS o /' ...... COMMISSION o .....-h /// ...... JURIS~ n- ______ZONE X /~~ 0 I\J I...... I ~------, ~ CD o 200 (l SCALE IN FEET Scale:scale: 1"=100' Purpose: AUTHORIZE AND MAINTAIN Proposed Cable System Plan SHEET NO. The Hudson Project 9 OF 29 Area of USACE Jurisdiction: NJDEP Wetlands Delineation DATE: 07/10/09 USACE FILE: NAN-2008-00732 At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & New York Oty,City, New York In: Bellman's Creek and Hudson River PROJECT NO. DEC 06062010 2ata Applicant: Hudson Transmission Partners, LLC H149-004 74 U~i1 ''-.../ '-..-.-./

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ZONE X ZONE X \ '" (AREA OUTSIDE OF £1'\ flOOD PLAIN)

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= ~J~~ \ ~ ( ""-'-'-'. ' -::'] -----'--r=-=-==:~~~i---u~ -'"1_ / ~ 4 (/' ____ / ,_\ "'.... "-~v -- ,M" M'" " \ _____ --_ , R.OO" '-"_ ' .. '" ~ ~d~ ~ PROPOSED 345k~1~ '", r ""':l CABl£ SYSIDI L-J .. • .' ;:: I ~ z~~I J ~ 1 < »~ --~j .< __- ~- r" - ~ - :::-'",-c~ ___ ~---~ ",---""'-c- .- 1___ iii

- - - EXlSllNG - ~h'b " ";(' •• ,~ • CONCRETE EXISllNG '::'" (fj ').:' 60"RC_P- '" W 'NETLAN,O CHANNEL L1_""-_~ ~ ~e CONCRETE I ~ - - ::> DELINEAn LI E CHANNEL :;p o ;; ill "3" \ '-CONSTRUCllON ~ WETLAND I / - ':lo~ DELINEA nDN LINE "Cl . CONSTRUCllONUMIT (m'.) ~--~ ..... UMIT (TYP.) "S ~ N~ PROPOSED ii5 o to MANHOLE -. o 100 200 N '"coto SCALE IN FEET Scale: 1"=100' / Purpose: AUTHORIZE AND MAINTAIN Proposed cable System Plan SHEET NO. The Hudson Project 11 OF 29 Area of USACE Jurisdiction: NJDEP Wetlands Delineation DATE: 07/10/09 USACE FILE: NAN-2008-00732 At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & New York City, New York In: Bellman's Creek and Hudson River PROJECT NO.

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Co... CIt~C~ - ~ - --- l.J, -'1';- ~~~ ;;;. 92nd 'St.St. TUNNEL Iff,l' WEST PORTALpbRTAL ~ rr;;C'!}a.J ~ "- ~ MANHOLE //- ~"- , '''''~, / /..' ~ ~ ""...... " ;' ~ ZONE X'~ / J2 (AREA OUTSIDE" OF "'". [1',; o 100 200 FLOOD PLAIN) "', ( ~ SCALE IN FEET Scale: 1"=100' Purpose: AUTHORIZE AND MAINTAIN Proposed Cablecable System Plan SHEET NO. The Hudson Project 12 OF 29 Area of USACE Jurisdiction: NJDEP Wetlands Delineation DATE: 07/10/09 USACE FILE: NAN-2008-00732 At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & New York City, New York In: Bellman's Creek and Hudson River PROJECTPROlECTNO. NO. Applicant: Hudson Transmission Partners, LLC H149-004 77 ~ q ----- 92ndSt.TU~ EAST OR-Al OLD R~~~~

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SCALE IN FEET Scale: 1"=100' Purpose: AUTHORIZE AND MAINTAIN Proposed Cable System Plan SHEET NO. The Hudson Project 13 OF 29 Area of USACE Jurisdiction: None DATE: 1---~~~~~~~~~----4 At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & 07/10/09 USACE FILE: NAN-2008-00732 New York City, New York 07/10/09 In:In: Bellman's Creek and Hudson River PROJECT NO. DEC 062010 Applicant: Hudson Transmission Partners, LLC H149-004 78 .'---", ~.

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CD '--- .o_~__ ...... - [I I ~ -_---~ r---(]1...----c.n ....o 0 100~I 200 N CD SCALE IN FEET ~ \;=~ Purpose: AUTHORIZE AND MAINTAIN Proposed Cable System Plan SHEET NO. The Hudson Project 14 OF 29 Area of USACE Jurisdiction: NJDEP Wetlands Delineation DATE: 07/10/09 USACE FILE: NAN-2008-00732NAN-2008-QQ732 At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & New York aty,Oty, New York In: Bellman's Creek and Hudson River PROJECT NO. DEC 006 6 2010 Applicant: Hudson Transmission Partners, LLC H149-004· 79 ~ ~" ~-

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CfJCfl CflCfJ II II fTIfTI IIII fTIfTI fTIfTI -l-i fTIfTI II \\ -i-l ...... 1\\\ ...... (]I(]I PROPOSEDPROPOSED ...... 00 TEMPORARYTEMPORARY .... COFFERDAMCOFFERDAM 0....0 """ FEDERAL CHANNEL """ I\JI\J (30'x100')(30'x100') I\JI\J CDCD ;.\!;.\! PROJECT DEPTH: -30 FT MLW CDCD 18891889 C.C.Y. Y. TOTALTOTAL ~ DREDGE & BACKFILL (-32.57 FT NAVD88) -.-. II DREDGE & BACKFILL 00 100100 200200 ~,..,... ! ! II ;;;;;; "i"i SCALESCALE ININ FEETFEET Scale:Scale: 1"=100'1"=100' \I Purpose:Purpose: AUTHORIZEAUTHORIZE ANDAND MAINTAINMAINTAIN Proposed cable System Plan SHEETSHEET NO.NO. The Hudson Project 1616 OFOF 2929 AreaArea of USACE Jurisdiction: Spring High Tide DATE:DATE: 07/10/0907/10/09 USACEUSACE FILE:FILE: NAN-2008-00732NAN-2008-00732 At:At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & New York City, New York In: Bellman's Creek and Hudson River PR01ECTNO.PROJECT NO. DECDEC UU520105 20fD Applicant: Hudson Transmission Partners, LLC H149-004H149-004 M'k1 81 '-'--/ -.../

I. PI£RHo,OPI£RHOoO UN£ I ~ > -I-l (") ~~~v :c PROPOSED 345kV r SUBMARINE r SUBMARINE Z CABLE SYSTEM ('TI('TJ \ ~------.""0/ "-r -- ...!-'

-<; I ey . (f) :c ('TI('TJ ('TI('TJ HUDSON RIVER -I-l ~ FLOOO co~ -I 0 -.....t-" C -.. £BB NEW YORK ~--_-t--_£BBt:- -- Nco co NEW-- -- -..... NEW JERSEY ------I-I' 0 400 800 I-- a ! i .... ML-ML: _ I- =-r- ...... ,.... SHEET 16 of 29 ------___ f------Scale: 1"=400' ., SCALE IN FEET Purpose: AUTHORIZE AND MAINTAIN Proposed Submarine cableCable System Plan SHEET NO. The Hudson Project 17 OF 29 Area of USACE Jurisdiction: Spring High Tide DATE: 07/10/09 USACE FILE: NAN-2008-00732 At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & New York City, New York In: Bellman's Creek and Hudson River PROJECT NO. DEC 062010 Applicant: Hudson Transmission Partners, LLC H149-004 tti1 82 '-' '-../ 11 s:::s::: \\ ~~ >> -l-l P/ERHE:Ai)P/ERHE:AJ) LIN£"LIN£" a0 II PROPOSED 345kV rr ~~'k~~'k SUBMARINE ZZ rr CABLE SYSTEM f11fTI ZZ fTIf11 ------..------..-.... - ,, F'F ~

II FLOODFLOOD II C II •• EBB (f)(f) (f)(f) II II fTIf11 f11fTI fTIf11 f11fTI -l-l HUDSONHUDSON RIVER -l-l ...... -...J-...J coco ....0....0 ....0....0 NN NN coco coco f-I-f-i- NEW YORK .. ------aa 400400 800800 NEW JERSEY ------•• ~ ! ! II '" SCALESCALE ININ FEETFEET Scale:Scale: 1"=400'1"=400' Purpose:Purpose: AUTHORIZEAUTHORIZE ANDAND MAINTAINMAINTAIN Proposed Submarine Cable System Plan SHEETSHEET NO.NO. The Hudson Project 1818 OFOF 2929 AreaArea of USACE Jurisdiction: Spring High Tide DATE:DATE: 07/10/0907/10/09 USACEUSACE FILE:FILE: NAN-2008-00732NAN-2008-00732 At:At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & New York City, New York In: Bellman's Creek and Hudson River PROlECTNO.PROJECT NO. DECDEC 00 ffff ZUlUZUlU Applicant: Hudson Transmission Partners, LLC H149-004H149-004 83 -"-- --- ~k'k1 '-'. ~

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SCALE IN FEET Scale: 1"=400' Purpose: AUTHORIZE AND MAlNTAlNMAINTAIN Proposed Submarine Cablecable System Plan SHEET NO. The Hudson Project 19 OF 29 Area of USACE Jurisdiction: Spring High Tide DATE: 07/10/09 USACE FILE: NAN-2008-00732 At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & New York City, New York In: Bellman's Creek and Hudson River PROJECTPR01ECTNO.NO. DEC 062010 Applicant: Hudson Transmission Partners, LLC H149-004 84 ~ '~' -'

HUDSON PROPOSED 345kV HUDSON RIVER j;~Vj;~V SUBMARINE CABLE SYSTEM cici »~»~ II ~~ CC ()() ZZ II (TJ(TJ CzCz -- (TJ(TJ (_45)(_45) V vv V

(f)(f) II (TJ(TJ (TJ(TJ ~~ (f)(f) ~~ II COCO FLOODFLOOD (TJ(TJ (TJ(TJ 00 -., ~~ l'VI'V I'Vl'V - --C ~~ CO ---c CO EBB 0 II 0-., 00 100100 200200 -I'Vl'V , i COCO SCALESCALE ININ FEETFEET Scale:Scale: 1"=100' II Purpose:Purpose: AUTHORIZEAUTHORIZE ANDAND MAINTAINMAINTAIN Proposed Submarine cable System Plan SHEETSHEET NO.NO. The Hudson Project 2020 OFOF 2929 Area of USACE Jurisdiction: Spring High Tide DATE:DATE: 07/10/0907/10/09 USACEUSACE FILE:FILE: NAN-2008-00732NAN-2008-00732 At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & New York City, New YorkYork In: Bellman's Creek and Hudson River PROJECTPROJECT NO.NO. DEC 062010 Applicant: Hudson Transmission Partners, LLC H149-004H149-004 DEC 062010 ._-- 85 ~ '~' '--'

~~ ~~ HUDSON RIVER ~~ S~\S~\ PROPOSEDPROPOSED 345kV »» -i-i zz SUBMARINESUBMARINE ()() fTlf'Tl ::r:::r: CABLECABLE SYSTEMSYSTEM cc ZZ f'TlfTl II ••

I~I~ ~ (f)(f) i~ ::r:::r: ._---- ~ ._------+j f'Tl ------,.---+, fTl fTlf'Tl (f)(f) -i-i ::r:::r: ~~ f'TlfTl NN f'TlfTl 00 -i r-~r-~ -i 00 FLOOD NN -.-. NN NN ~~ 00 <0<0 --C ~~ -.-. --C ::5::5 NN II EBB <0<0 a0 100100 200200 , i SCALESCALE ININ FEETFEET Scale:Scale: 1'1=100'1"=100' II Purpose:Purpose: AUTHORIZEAUTHORIZE ANDAND MAINTAINMAINTAIN Proposed Submarine Cablecable System Plan SHEETSHEET NO.NO. The Hudson Project 2121 OFOF 2929 AreaArea of USACE Jurisdiction: Spring High Tide DATE:DATE: 07/10/0907/10/09 USACEUSACE FILE:FILE: NAN-2008-00732NAN-2008-00732 At:At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & New York City, New York In: Bellman's Creek and Hudson River PROlECTNO.PROJECT NO. DECDEC 062010062010 Applicant: Hudson Transmission Partners, LLC H149-004H149-004 ... .,'- 'f.l1 86 '~.' ~'

I HUDSON RIVER ~~~~~~ ()() :J:I :s::::s::: r ~~ c -i-l zZ PROPOSED 345kV ()() rrlr'1 SUBMARINE I:J: rr ZZ (-45) ~~ r'1rrl

1+------1+------~~, I~I~ ------__ _ FM ------~I rrl~ ------~ -l-i (f)(f) I\JI\J FEDERALFEDERAL CHANNELCHANNEL FLOOD I:J: ~~ r'1rrl PROJECTPROJECT DEPTH:DEPTH: -48-48 FTFT MLWMLW r'1rrl 00 -i-l -+. (-50.57(-50.57 FTFT NAVD88)NAVD88) -C I\JI\J -I\JI\J EBB tHtH coco I 00 I -+. 00 100100 200200 , I\J-I\J i COCO SCALESCALE ININ FEETFEET Scale:Scale: 1"=100'1"=100' II Purpose:Purpose: AUTHORIZEAUTHORIZE ANDAND MAINTAINMAINTAIN Proposed Submarine Cable System Plan SHEETSHEET NO.NO. The Hudson Project 2222 OFOF 2929 AreaArea of USACE Jurisdiction: Spring High Tide DATE:DATE: 07/10/0907/10/09 USACEUSACE FILE:FILE: NAN-2008-00732NAN-2008-00732 At:At: Ridgefield, Fairview, North Bergen, Edgewater, New Jersey & New York City, New York In: Bellman's Creek and Hudson River PROJECTPROJECT NO.NO. DECDEC 062010062010 Applicant: Hudson Transmission Partners, LLC H149-004H149-004 Qui1 87 ','--""'" ~/

...... MATCHLINE I - SHEET 24 of 29-29 I s::: I ~ ~v I -l~~1r () I I r I z HUDSON RIVER I f'TI I ~~ I !I Ul I (-40) I f'TI f'TI PROPOSED 345kV I -l-t SUBMARINE I I\J CABLE SYSTEM- I I\J I 0 I I -I\J to I I 1J I- .II ~------...... (-45) ,• - Il FLOOD '"" ~~ "" ~ "" , ",~ ...... - ....,,'" ",'" " ~ EBB 0 100 200 - .... _---- ! i SCALE IN FEET Scale: 1"=100' Purpose: AUTHORIZE AND MAINTAIN Proposed Submarine Cable System Plan SHEET NO. The Hudson Project 23 OF 29 Area of USACE Jurisdiction: Spring High Tide DATE: 07/10/09 USACE FILE: NAN-2008-00732 At: Ridgefield, Fairview, Edgewater, New Jersey & New York City, New York In: Bellman's Creek and Hudson River PROJECTPROlECTNO.NO. Applicant: Hudson Transmission Partners, LLC H149-004 DEC 062010 '------88 ~ ·--../ "--...-'/

II II PIER 94 ZONE X I II :!:::!:: L > I L=.'====~~~~~~====~~~ - ______~ -l> :!:: ()ci ------=t-c; > II rr I ci HIGH WATER, SPRING ------I ZZ ~~ ~"EAN I r (TJ HIGH SPRING i ,...~ (TJ ~"EAN ~ATER, I Z HIGH 11 DE. AND MEAN LOW :1\ ~ (TJ '1\IIi WATER ARE COINCIDENT WITH I I ~ PROPOSEDPROPOSED PIERS/BULKHEADS II t::l TEMPORARYTEMPORARY (SHT: EL=2.0 NAVD88±) :I ..... I COFFERDAMCOFFERDAM (MHW:(MHW: EL=1.5 NAVD88±) I ~ (30'x100') rr; V (30'x100') 100 YEAR FLOOD LIMIT II r / 2083 C.Y. TOTAL 2083 C.Y. TOTAL ZONE AE II DREDGE BACKRLL ~ DREDGE && BACKFILL FLOOD EL.=10.0El.=10.0 (NGVD)(NGVD) II 1-1-~=~;J=k=-==--,=-=JP~R~O~POQS~E~D~~34~5~k~V,JS~U~BMMf).AR~I~NEWC~ABLE_-_--:>_"'",.:...."'.... PROPOSED 345kV SUBMARINE CABLE SYSTEM (EL.=9.5eEL. 9.5 NAVD88) II ININ HDD CONDUITS -== (f)(f) II (TJ(TJ Ii'Ii' -.. - -c:::;-::"====-- - - - .c=:=c===c=-=-=-===-=-=-::-====='-=-- _ I FM (TJ(TJ I "c::::; ------:---:::...-:::---=-=-=-=_=_.,J"--=-====---"'''-'-=-=~=::.=-=.''".,..:=--,,"_::-_-::::::...=..._=..::::-_=..:::1 ______- ~_(f) .. -l-i I I !'VI'V I -i 0101 I FM o I: PIER 92 ZONE X t;:-l -..o-.. I ZONE X !'V I = (Jl !'VI'V L!:::: ______~ (0(0 •• Ii lb==-::======-===~~!, = ------__ oo 100100 200200 - I'V!'V ! i (0(0 SCALESCALE ININ FEETFEET Scale:Scale: 1"=100'1"=100' ~I Purpose:Purpose: AUTHORIZEAUTHORIZE ANDAND MAINTAINMAINTAIN Proposed Submarine Cablecable System Plan SHEETSHEET NO.NO. The Hudson Project 2424 OFOF 2929 AreaArea of USACE Jurisdiction: Spring High Tide DATE:DATE: 07/10/0907/10/09 USACEUSACE FilE:FILE: NAN-2008-00732NAN-2008-0Q732 At: Ridgefield, Fairview, Edgewater, New Jersey & New York City, New York In: Bellman's Creek and Hudson River PROJECTPROJECT NO.NO. uECuEe UU 00LUlU tUll) Applicant: Hudson Transmission Partners, LLC H149-004H149-004 89 U~}'1 '- '~ '.-/

If ] 1I I' o I .. o 0 0a o0 0 enOJ ~ FLOOD ! I N I eEL. 1I ZONE X 1 ZONE C u..I.J.. "." . 1 o0 I, 1 ~.;l- If 1 N I 1I c 0000 U / ~I- W 1I 1 W ...... I 1 I Cl ~I -.1...... (fJ(f) zZ ClI I( ::::>=:> I ~Z <) , ::> 1I o:~D o ::::>1 o0 .enCD II' 0 ::I:::r:: ' CD 1 :PRoPOSED' 345k~ TRANSIllON1RANSI~ 0 I­I- I ::r::~I <::V<::"Trl PIT ' 0 ::>::::> I,' 1-1 PIT ZONE X I. a:1-1 '---..:..:'"-:-:-= 0 o a: (} 0 ------,---J Ul ...... AUGNMENT WW' '-" rI 01 <) ~ ~ o PIP 0 0 Zz ~ ~ I ~ ::J I ,--,~/ I VA ~I w ( u.l = '-~-' -;------..,. ~ PIER 92 ~ II W ( ul ::::> I ~ W52ndI « C/lC/l D Z w .." W S2nd STREET ::E:::E o I ~w~ Pt., ~w o e3 f «~ Ir-"I ~i;:( \ ====-===-='::l::l..,~="===---':J-..__ ~ J: 1 J: \ . C> ~ I ::r:: \ PROPOSED UJ fa NIl-....~ 1 ~)IN ) S·xlS' !;(~ ...-t/...-t1 .... PULL VAULT ~ ..J~ 1 I ~UJ 1 I j 1 I PROPOSED 34Sk a 1100 2~01 O-'iiiiiiiiiiii-._O~O~~~2~O I !I I CABLE SYSTEM I I I SCALE IN FEET Scale: 1"=100'1"_1M' - ~H----+---+- MATCHLINE SHEET 26 OF 29 Purpose: AUTHORIZE AND MAINTAIN Proposed cable System Plan SHEET NO. The Hudson Project 2S OF 29 Area of USACE Jurisdiction: Spring High TIde DATE: 07/10/09 USACE FILE:FilE: NAN-2008-00732 At: Ridgefield, Fairview, Edgewater, New Jersey & New York City, New York In: Bellman's Creek and Hudson RiverRIver PROJECT NO. DEC 060620102atD Applicant: Hudson Transmission Partners, LLC H149-004 \til 90 ',-.../ '-.-.--'~.

I III I I I " 'I MATCHLINEMATCHLINE SHEET 25 OF 29 I .. /! l ' I I I~ 1I:.,zO~E'r ZON, X!X, !~I~~~~==~~~~=~\1_~:=_===--===-======,--,,~1W 51" SllU'ET r- ,.... I" 8 1._____=ST=RE= __ _ ~zC FI ~z I1 (r-~_W_5~1~st=,=,," :::-ET-===---~ __r======~ 1 ~\ I 610 ·06 1I ," ~ j '>->- ~,~ 1 CD~ l\ I i ~ !:)I .~\ 345kV a~ §01: 0~ \ n~;RPPOSED ~PR.•.PPOSED I C§(§ ~VlII z~ !.--1~ CABLE SYSTEM .' j a::a::: '-' '-'...... -i ' UlU'l ~l w 21 2 "! 1 "! ZONEZONE'CC I «, .~ I r----..-'---lfh~J ! I !>1>\ ~ '" ~ ~~ ~II!I t;(~ I ~ \ ~ A It 1 >- l Q ZONE X ~ T""i~ J ~ (------~ I ~ER90 : w w I~. w J r~W;·~~=~~~=RE=ET~---~=~=====~ PIER 90 : w !:i 1.. ~ ( lL==:=4;;rr====--::=~~='----'=~~~~~~~W 5"'" STRm II J I "~ /I1= I1{ ('t:===u:=:::u=~u=====~LJ=~U'""cr--ru.,---r;r""------=C::J=--'1I ( 1 r---~; Y~R ~c;a.D 1I~111' { I ~;_~~~DZONE A +1· r II ~ d FLOOD EL.=1EL.=10'~J 0.1 (N~V ) : I,~ 49th ST - J (EL.=9.5 NAyD881 I Yr1 SUBSTATION o (EL.~:~5100 NAY088J~o200 I\ :J.,/U~ SUBSTATION J

SCALE IN FEET Scale: 1"=100': .,,', V'". '---,-, I Purpose: AUTHORIZE AND MAINTAIN Proposed Cablecable System Plan SHEET NO. The Hudson Project 26 OF 29 Area of USACE Jurisdiction: Spring High Tide DATE: 07/10/09 USACE FILE: NAN-2008-00732 At: Ridgefield, Fairview, Edgewater, New Jersey & New York City, New York In: Bellman's Creek and Hudson River PROJECT NO. DEC 0062010 6 2010 Applicant: Hudson Transmission Partners, LLC H149-004 91 'cf.'k1 CRUSHED ROC-:ROCK U,YER ) OR CLASS II B'cSEB~SE COI.PACT£DCOI.!?ACTED 10 9,%9~% h-~d---CABIF.--4---CABIF. IIARKINGMARKING r.o.pF.TAPE i'r.----;;-L....j 112'2' OCtownEWW CR,\Jl[CR>.!')[ ,1«ICO,""" .. ,.o·,·'·

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REDlXEO.HEIGHTRED!X:ED~IEIGHT DUCT BAN<

TYPICAL HORIZONTALHOruZONTAL DUCT BANK CONFIGURATION

Purpose: AUTHORIZE AND MAINTAIN Typical Alternative Upland Cable Trench Details SHEET NO. The Hudson Project 28 OF 29 DATE: At: Ridgefield, Fairview, Edgewater, New Jersey & 07/10/09 USACE FILE: NAN-200B-00732NAN-2008-00732 New York City, New York In: Bellman's Creek and Hudson River PROJECT NO. Vg~u~'" 11v 0 lUlU£!1/V Applicant: Hudson Transmission Partners, LLC H149-004H149"004 93 )

4" 10ID FIBER OPTIC HODHDD CONDUIT BOREHOLE (TYP.) CABLE CONDUIT (TYP.) DETAIL (a) (Source: Prysmian)

I--f--48"-50"-----="---1

)) 4" 10ID HDDHOD FIBER OPTIC BOREHOLE CONDUIT (TYP.)(TYP,) CABLE CONDUIT (TYP.) DETAIL (b) (Source: Prysmian)

NOTE: 1. DEPENDING UPON THE CONSTRUCTABILITY OF THE AREA,AREA. AND FINAL LOCATION OF EXISTING UTILITIES,UTILITIES. IT IS ESTIMATED THAT EITHER 3 BOREHOLES OF APPROXIMATELY 20" -26"[SEE DETAIL (0»),(0»). OR ONE BOREHOLE OF APPROXIMATELY 48"-50"[SEE DETAIL (b)](b») WILL BE USED.

Purpose: AUTHORIZE AND MAINTAIN Horizontal Directional Drill Conduit Configuration SHEET NO. The Hudson Project 29 OF 29 DATE: At: Ridgefield, Fairview, Edgewater, New Jersey & 07/10/09 USACE FILE: NAN-2008-00732 New York City, New York 07/10/09 In: Bellman's Creek and Hudson River PROJECT NO. DEC 06 2010 Applicant: Hudson Transmission Partners, llCLLC H149-004 94 STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTALENVlRONMENTAL PROTECTION SITE REMEDIATIONREi\IEDlA1'ION PROGRAM OFFICE OF DREDGING AND SEDIMENT TECHNOLOGYTECIINOLOGY 40[40 I East State Street,SII'cet, P.O. Box 028 Trenton, NJ 08625 PERMIT USAcE:USAce: F 1t,I.e-:.. E' ~ NAfoI·NA~· ZDo8-ZDo8-oo732.oo 732.

Approvai Date Intn ac('ordanCC\~1thaccord1J1CCWith the lav.sm'KiJawsmld 1\'gUlationsn:gulat[ol1s of!hcofthc StalcofNLW.kncy,StatcofNc.w Jcrscy, thedlC Dt.Vlltl1)('fltDl.jX~tmCl1t ofF.nvironmmmlofF.nvironm01m) ProlCdionPn:xooion herebyhcn:hy grantsgmnlS this NovemberNovembcr 4, 2009 penni! to p;niJrmpcrtixm the activitic;aetiviti~ dc;cn1Jcddcscnbcd Wow.below, lllis {X'lmitp;;t1nit is revocm)lcre\'oomlc widlwith ruedue (alliCcause nndMd is subject to the limitatiros, ternl'>terms and MODIFICATION conditionsroOOlliollS listedINed tID'"below and on011 die atladlCdnUllCI\Cd page;. For Ihe(he purp::tre;purp::re of this d:xUrl'k.'11~dcam1cr\~ "permit"")x'tmit" mean<;mcM.~ ''awrovaJ,"awroval, catificaticn,rotificatim. Expiration Date n:gistraricn,n:-gistralim, audlOriZltioo,alJdl~lion, WaiVCf,wahcr, de."dc." Violation of any tam,tan\ condition or IjrnitariooIimitaJioo ofthi:,oftlli, JXl1nitpcnnit isi..<; a violalioovioJarioo ofd1eofthc impkmcnollgirnpkmalti!1g February 17,2014 ruk....,ruk.":> and may suqjoctsubject the (-?111itto::r:::nnittre to cnfurcunallrofurcuncnt oction.octioo. Permit Numberls Type of ApprovaUsApprovaVs Enabling Statute!sStatute/s

0000-08-0030.1 WFD08000 1 In·WalcrIn 4 \Vatcr Waterfront Development/UplandDevelopmcntJUpland Waterfront NJSA 12:5-3 Development NJSA58:IOANJSA58:10A Freshwater Wetlands General Pennit #21#2/ Water Quality Certification!Certification/AcceptableAcceptahle UscUse DetclminalionDetelmination

Applicant Project Name/ Location Hudson Transmission Partners,Partners) LLC Hudson Transmission Project SO50 I Kings Highway East, Suite 300 NOl1h . of Fairview, Cliffside Park, Borough of

Description of Authorized Construct a 660 MW, 34~;-killo,'oll al"TIla'in!l.£~ c'•.~ proposedpropos,cd COlwertcrconverter station atal 1I Rllilroad Avenue located in Ridgefield, Ne',"""" ~w York City.

Regulated Actlvitles:Activities:

REVISED PROJECT DESC

The installation ofone under __ -, ds or existing disturbed ,Irea.~_ The cable route orig'~ J~(m ethods along Hendricks.Hendricks Causeway to the Convertc(,AJ )J~!P.:t , tation to Railroad Avenue. TIle cable is IheneroiI(cdMIi ROW) and exitsjusf north oforthe the intersectionjinte,-$e',tio," oIffi~r:"-'~'F "_,_,,,~,,'t within Railroad Avenue (North Bergen) tditjl}1J~ -._- . would thcnlravelthcn travel castcas! along the NYS&W RO\Y::ft~-JH~ Wcstem Railway alongCorporation the NYS&::\:'~ Tunnellocat@Jjftl@Tunnel !f~lri~1 c installed via iu-in- ground concrete cncasc(b:tgaip~:ij , 1will be constructed on a properly located east of,Ht'" -. e fect) ofofwctJands wetlands and wetland transition oreasareas \vf(t

The construction ofoflhe the Prot yMeadowlands District.District Portion oflhe converter ~~_g1~'!ij'f~'!;f~i~truc"ionofthe"truction ofthe convel1er station meets the reQui"",,,,n', . >~L l?)6. ."_" ...' .:~~~~l~f;'

C\:civ<.'d or Recordt'd by County Clerk

. nn II Dietric ;-" ;.~. _.,- THIS -, R.MIT IS NOT EFFECTIVE AND NO CONSTRUCtION APPROVED BY 1'1115THIS PERMIT.PERMIT, OR OTHER REGULATED ACTIVITY. MAY HIeBl<: Ui'iDERTAKENUNDERTAKEN UNTIL THE APPLICANT liASHAS SA TISTISFJED FlED ALL PRE-COi'iSTRUCTIONPRE-COi\STRUCTION CONDITIONS AS SET FORTTIINFORTIlIN THIS PERMIT PURSUANT TO N.J.A.C. 7:7E-l.S(b)4.7:7E-l.5{b)4. ThisThispennit permit is not valid unless authorizing signature appears on011 the last page. 95 2

PROJECT DESCRIPTION CONTINUED:

REVISED PROJECT DESCRIPTION - In-Water Waterfront Development

Construction of a temporary cofferdam located just west of the Hudson River fcderalfcderalnavigatiou navigation channel. The steel sheetshcet pile cofferdam is approximately 30 feetreet by 100 fectfeet and will be at an elevation of 1-2' above the river bottom. The cofferdam will serve as the exit point for the submarine cable underneath the Hudson River. A similar cofferdam is to be constmcted in New York waters off Manhattan.

The construction of the two cofferdams will require thcthe new dredging of approximately 3,972 cubic yards (l ,889 cy in New Jersey waters, and 2,083 cy in New York waters) to an approximate maximum depth of -50 feet below ML \V (NA VD 88). The dredged materialmatcrial will be removed by closed clamshell enviromnentalenvirolllnental bucket, placed in barges and transported to a dredge processing facility. QnceOnce processed the material will be transported to the Fresh Kills LaudfillLandfill or other authorized placement site. The decant water within the barges will be discharged into a decant scow, allowed to settle for a minimum of 24 hours prior to discharge to the Hudson River.

STANDARD CONDITIONS:

I. Extent of approval: a. This document grants pennission to perfOlm certain activities that are regnlatedregulated by the State of New Jersey. The approved work is described by the text of this pemlit and is further detailed by the approved drawings listed herein. All work must conform to the requirements, conditions and limitations of this permit and all approved drawings.

b. If you alter the project without prior approval, or expaudexpand work beyond the description of this pennit, you may be in violation of State law and may be subject to fines and penalties. Approved work may be altered only with the prior written approval of the Department.

c. You must keep a copy of this permit and all approved drawings readily available for inspection at the work site.

2. Acceptance of permit: If you begin any activity approved by this permit, you thereby accept this document in its entirety, and the responsibility to comply with the tenns and conditions. If you do not accept or agree with this document in its entirety, do nolnot begin constlUctioll.constlUction. You arc entitledentitlcd to request an appeal within a limited time as detailed on the attached Administrative Hearing Request Checklist and Tracking Form.

3. Recording with CountyConnty Clerk: You must record this permit in the Office of the County Clerk for each county involved in this project. You must also mail or fax a copy of the frontfronl page of this permit to the DepaltmentDepal1ment showing the received stamp from each County Clerk within 30 days of the issuance date.

4. Notice of Construction: You must notify the Department in writing at least 7 days before you begin any work approved by this permit by submitting the attached constructionconstlUction rep0l1.repOli. The ConstmctionConshuction Reports are also available at www.nj.gov/dep/landnse.www.nj.gov/dep/landuse.

5. Expiration date:

6. Rights of the State:

a. This pcrmitpermit is revocable and subjcctsubject to modification by the State with due cause.

96 3

b. Representatives from the State have the statutOlystatutOlY authority to enter and inspect this site to confinn compliance with this permit and may suspend constmction or initiate euforcementenforcement action if work does not comply with this permit.

c. This pennit does not grant property rights. The issuance of this permitpennit shall not affect any action by the State on future applications, nor affect the title or ownership of property, nor make the State a party in any suit or question of ownership.

7. Other responsibilities: You must obtain all necessary local, Federal and other State approvals before you begin work. All work must be stabilized in accordance with the Standards Jorfor Soil Erosion and Sediment ControlCOl/trol inill New Jersey, and all fill material must be free of toxic pollutants in toxic amounts as defined in section 307 of the Federal Act.

SPECIAL CONDITIONS:

8. The permittee shall immediately infonn the Department of any unanticipated adverse effects on the environment not described in the application or in the conditions of this pennit.penni!.

9. Consistency with the Areawide Water Quality Management Plan: The Department of EnviroJUnentalEnviroJllnental Protection, as the Statewide Water Quality Management Plalllling Agency, has reviewed your project for consistency with the provisions and reconunendations of the Bergen and Hudson County Water Quality Management Plan. We have fonndfound your project to be consistent with this plan. Please be advised that if changes arcare made to the proposed plans which would result in a change in anticipated wastewater flow volumes, such as the addition of sewage generating stmeturesstmctures or a proposed increase in size to previously proposed stmctures; or if there is a change in the proposed method of wastewater treatment, this detemunation is no longer valid. The amended plans must be submitted to the Department to detemUnedetennine Consistency with the Water Quality Management Plans.

II. All necessary local, Federal, and other State approvals must be obtained by the applicant prior to the conunencement of the herein-permitted activities. Approvals from the following may be required: Local ConntyCounty Soil Conservation District(s) and the New Jersey Meadowlands Commission.

12. Prior to initiation of constmction authorized by this pertnit,pennit, the pennittee shall receive:

~ A tidelands license from the Bureau of Tidelands Management as applied for on Febmaty 18,2009.

~ ArtnyAnn)' Corps of Engineers Authorization for the project. A copy of said authorization shall be forwarded to the Office upon receipt by the pennittee.

13. The drawings hereby approved are:

"Hudson Transmission Partners, LLC, The Hudson Project, Ridgefield, N. Bergen, and Fairview, NJ" consisting of nine sheets, dated I 0/8/08, last revised July 24, 2009, and prepared by Jeffrey Carr, Lindstrom, Diessner and Carr, PC.

Upland Cable Installation

14. All areas of open trench enttingcutting shall be restored to pre-existing conditions upon completion of work. If any off-site fill material is used to backfill the trench, said material shall be free of toxic pollutantspollntants (see section 307 of the Federal Act) in toxic amounts.

State Historic Preservation OtliceOtIice (SHPO) Conditions - 92'd92" Street NYSWR Tunnel

15. Prior to initiation of constl1lction activities authorized in this pennit, the permittee shallshaU receive written approvalli'omapproval Ii'om the SHPO of the report entitled "Phase lAIA Cultural Resources Reconnaissance of the

97 44

UplandUpland Component of the New Jersey Portion of the Hudson Transmission Project, Bergen andand HudsonHudson Counties,Counties, New Jersey" dated April 2008.

In-WaterIn-Water Cable InstallationInstallation

Dredging/CofferdamDredging/Cofferdam

I.I. TheThe pernlitteepemlittee shallshall post appropriate warning signs around the cofferdam during construction as requiredrequired byby thethe USUS Coast Guard. The pennittee is required to notify the US Coast Guard 30 days prior toto thethe startstart ofof construction.construction.

2.2. InIn orderorder toto protect winter flounder and anadromous fish, a timing restriction of January I" tlll'oughtluough May 31"31,( isis imposedimposed inin thisthis pennit which prohibits any pile driving or sediment generating activities during thisthis timeframe.time frame.

3.3. TheThe dredgeddredged material from this contract shall be removed using a closed clamshell environmentenviromnent bucket untiluntil refusalrefusal atat which timetime a clamshell bucket or excavator shaIlshall be used to remove the remaining material toto projectproject depth.

4.4. TheThe permitteepermittee shallshall employ the services of an independent dredging inspector to monitor dredging activitiesactivities twicetwice per week. The pennittee shallshaIl submit the resume of the dredging inspector toto thethe Department forfor reviewreview andand receivereceive written approval prior to the initiation of dredging.

5.5. TheThe dredgedredge shallshaU be operated so as to control the rate of descent of the bucket so as toto maximize thethe vertical cutcut ofof thethe clamshellclamshell bucket while not penetrating the sediment beyond the vertical dimension of thethe open bucketbucket (i.e.(i.e. overfilling thethe bucket). This will reduce the amount of free water in the dredged material, willwill avoidavoid overfilling thethe bucket, and minimize the number of dredge bucket cycles needed toto completecompletc thethe dredgingdredging contract. The dredging contractor shall use appropriate software and sensors on thethe dredging equipmentequipment toto ensure consistent compliance with this condition during the entire dredging operation. TheThe independentindependent dredging inspectorinspector shallshaIl monitor the operation of the software and sensors during thethe inspectionsinspections requiredrequired by thisthis authorization. Any malfunction of the software and sensors on thethe dredge at any timetime shallshall bebe immediatclyimmediately reportedreported toto the indcpcndentindependent dredging inspector and the pemlittee by thethe dredging contractorcontractor andand shallshall be immediatelyimmediately repaired to working order.

6.6. TheThe closedclosed clamshell environmental bucket shall be equipped with sensors to ensure complete closure ofof thethe bucketbucket before liftinglifting thethe bucket. Said sensors shall be operational during the entire dredging operation.

7.7. WhereWhere aa closedclosed clamshell enviromnental bucket is required, it shall be lifted slowly tlu'oughtlu'ough thethe water, atat aa raterate ofof 2 feetfeet per second or less.

8.8. DredgedDredged material shall be placed deliberately in the barge in order to prevent spillage of material overboard.

9.9. AA "No"No Barge Overflow" applies to the dredging of MaintenancelHolocene sediments. "Barge Overflow" isis pennittedpennitted forfor thethe dredging of Pleistocene sediments only.

10.10. AllAll bargesbarges or01' scowsscows uscdused toto transport sediment shall be of solid hull constt1lctionconstnlction 01'or be sealed with concrete.concrete.

II.II. TheThe gunwalesgunwales of thethe dredge scows shall not be rinsed or hosed during dredging except toto thethe extent necessary toto ensureensure thethe safetysafety of workers maneuvering on the dredge scow.

12.12. AllAll decantdecant water holding scows shall be water tight and of solid hull constmction.

98 5

13. Decant water lromIrom this project may only be discharged within the channel from where the scdimentssediments originated, in close proximity to the dredging contract area. Discharge to another receiving waterbody requires prior approval trom the Department, and may require a New .IerseyJersey Discharge Pollutant Elimination System/Discharge to Surface Water (NJDPESfDSW)(NJDPESJDSW) pcrmit.permit.

14. All decant water shall be held in the decant holding scow a minimum ofof2424 hours after the last addition of watcrwater to the decant holding scow. Said water contained in the decant holding scow may only be discharge after this mandatory 24 hour retention time.

Should the contractor wish to reduce the required holding time, the contractor shall demonstrate that the reduced holding time is sufficient to meet a total suspended solids (TSS) background value of 30 mg/L.mglL. This TSS action level is consistent with the ambient TSS results presented in the NY District study entitled "NY and N.INJ Harbor Deepening Project - Total Suspended Solids (TSS) Monitoring, Interim Report" (January 2006). The total suspended solids shall be detennined through gravimetric analysis. No discharge shall be pennitted from the decant holding scow until the results of the gravimetric analysis have confinned that the 30 mg/LmgIL background level has been achieved. No additional water shall be added to the decant holding scow between the time of sample acquisition and discharge. Upon successful demonstration that the reduced holding time is sufficient to meet thethc TSS background level of 30 mgIL,mg/L, the monitoring ofTSS may be suspended and the demonstrated settling time shall replace the 24 hour minimum. A successful demonstration of the reduccdreduced holding time efficiency shall be detennined once three consecutive TSS analyses have confirmed that the 30 mg/LmglL action level has been achieved by the reduced holding time.

Should the contractor wish to demonstrate this reduced holding time, all records including time of last addition of decant water into the scow, time of TSS sampling and the results of TSS sampling shall be submitted to the NJDEP as soon as they become available, together with a request for a reduced holding time.

15.IS. During pumping ofthcofthe decant water from the holding scow, great care shall be taken to avoid re-suspending or pumping sediment which has settled in the decant holding scow.

16. The dredging contractor shall complete and submit the attached Dewatering Fonn to thcthe indcpcndcntindependent dredging inspector on a weekly basis as part of the Quality Control Rep0l1RCP0l1 provided to the pennittee. Said Dewatering Form shall be certified by the independent dredging inspector that they have witnessed the dewatering process during the preceding week. The pennittee shall submit the completed Dewatering Fonn with appropriate cel1ifieationscel1ifications by fax to the Omceomce of Dredging and Sediment Technology for the preceding week.

17. The independent dredging inspector shanshall perfonn inspections of the dredging contract a minimum of twice per week using the attached WQC Field Inspector fonn. The permittee shall submit the completed inspection fonns to the NJDEP on at least a weekly basis.

18. REPORTINGREPORTlNG REQUIREMENTS: At the completion of project, the pennittee shall submit the following infonnation to the Department.Departmcnt. This infonnation shall be submitted within 60 days of completion of dredging. • Start and finish date of work order(s)

• Post-dredge hydrographic survey

• Completed "Notice of Completion of Work" attached for each work order(s).

99 6

19. A signed and sealed post-dredging bathymetric survey shall be completed no more than 60 days after removal of the cofferdam. This bathymetric survey shall be used to ensure that the depths of the dredge area have been restored to pre-construction conditions. Should the results of the post·dredge surveys indicate that the areas of dredging have not restored to pre-dredge eontours,contours, the Department, in consultation with NMFS, may require the permittee to restore these areas to the depths depicted in the pre-dredge bathymetric surveys or require further surveys to be ca\Ticdca!Ticd out after such additional period of time as the Depmiment determines is required to assess restoration of the areas. Clean fill shall be used to raise the elevation of the dredge areas to pre-dredging contours. The pennittee shallshan be notified in writing should the Department determine that post­ dredge bathymetric surveys warrant importation of clean fill material to raise the elevation to within one foot or less of pre-installation conditions in these areas.

Cable Installation

20. The AC cable shall be buried a minimum of 15' below the authorized federal chmmel depth and a minimumminimnm of 10' lectIcet below the existing mud line outside of the federal channel. In the event that the pennittee receives federal authOlization to bury the eablecable to a lesser depth within the federal navigation channel, that depth will be sufficient for the appropriate areas.

21. The permittee shall comply with the monitoring requirements presented in the doeumentdocument entitled "Hudson Transmission Project, Suspended SedimentlWater Quality Monitoring Plan, January 2009" included as Appendix A ofthis doeument.document. All test results shall be forwarded to the Department upon receipt by the permittee.

22. Within 30 days after the eomplctioncompletion of eonstruction,construction, the permittee shall post wamingwa11ling signs at each landfall and shall notify the National Oceanic and Atmospheric Administration (NOAA) as to these locations for the proper chartehart modifications.modifieations. If practicable, the cable route shall be marked with buoys.

ACCEPTABLE USE DETERMINATION:

1.I. The 3,972 cy of dredged material from this project shall be processed using a minimum of 8% Portland Cement at the designated processing facility eonsistentconsistent with the testing of the material as provided in the documentdoeument entitled "Geoteclmical"Geotechnical Sampling Program, Appendix AS,A5, Bulk PhysicalPhysieal and Chemical Lab Results" dated July 2007 and provided by ESS Group, Inc. The material is acceptable for plaeementplacement at the following upland plaeementplacement sites provided the following eonditionsconditions are met:

Fresh Kills Landfill

Prior to initiation of dredging authorized under this permit, the pennittee, or its designated eontractor,contractor, shall receive a separate authorizations and approvals issued for these sites by the NYSDEC or NYCEDC.

2. The designated processing facility shall eomplycomply with all eonditionsconditions imposed in the Waterfront Development Pennit!PennitlAcceptable Use Detennination and any subsequent modifications or renewals thereto for the dredged material processing and/or off-loading facility. The identified proeessingprocessing facility shall comply with all eonditionsconditions specified in the NJPDESIDSW permit issued to the facility, as applicable.

3. All twcks used to transpOli processed dredged material to the above referenced placement sites shall be tarped pursuant to the applicable State DOT requirementsrequiremeuts or applieableapplicable regulatory agency requirements.

4. If the permittee elects to dispose/use the dredged material from this project at an alternate location, written authorization must bebc obtained fromlrom thcthe Office of Dredging and Scdiment Technology prior to the transport of any dredged material to said alternate disposallocatioll.disposal location. Any alternate disposal/use

100 7

location must obtain all required state,loealstate, local and federal pennitspenni!s before the Office 1V0uldwould grant a modification of this permit to transport dredged material to the altemate location.

MITIGATION CONDITIONS:

This section ortlleoftlle existing pennit issued February 18,200918. 2009 has been deleted fromfrolll the pemlit. The revised development plans approved in this modification of the oermitpermit eliminated the pcmHlllentpennanent impact to 0.90,9 acres (39,000 square Cect)feet> of freshwater wetlands previollslypreviously proposed for the constructionconstmction oCtileof the converter station.

,e-v, ~V . . 7/ JI5ATE/DATE ~~e-t-:ri:--Ck::---,-C::::-.r.·*f:=::"'----=--"""<:--"=='~~~e~t~ri~Ck~.,~C~·~f~~~~~·~ / Of·Of ce f Dredging and Sediment TecilIlologyTechnology

101 NEW YORK PUBLIC SERVICE COMMISSION USus A.ct:A,ct: F I L€:L€.: WATER QUALITY CERTIFICATION N.AN- 200&-0073'2-200Pr00732- Pursuant to: Section 401 of the Federal Clean WaterWatcr Act, 33 U.S.C. Section 1341(a)(l); Article VII of the New York State Public Service Law; 16 NYCRR Subpart 85-2; and 6 NYCRR Subpart 608.9

Certification Issued to: Hudson Transmission Partners, LLC 50501I Kings H wy E, Suite 300 Fairfield, CT 06825-4870

Location of Project

Hudson Transmission Partners, LLC (HTP or Applicant) proposes to construct a major electricclcctric transmission facility consisting of a new back-to-back Alternating Current (AC)-Direct Current (DC)-AC Converter Station to be located in Ridgefield, New Jersey and installation of a new 230 kilovolt (kV) AC link to the nearby PSE&G Bergen Substation. From the Converter Station a new 345 kV AC electric transmission cable system will be routed underground from Ridgefield to Edgewater, NcwNew Jersey, where it will then cross the Lower Hudson River estuaIy,estumy, buried in the riverbed to make landfall at Piers 92-94 in Manhattan where it will then interconncctinterconnect via upland underground cable to the existing Con Edison West 491hth Street Substation. The details and justification for the Transmission Facility are containedcontaincd in the administrative record before the New York State Public Service Commission in Case 08-1'-0034.08-T-0034.

Project Description

Project activities will consist ofthe installation of a submarine/underground cable system, which will consist of approximately three and eight-tenths miles of buried transmission cable in New York State, including within the lands bencathbeneath the Hudson River. The submarine portion of the proposed cable system will enter the riverbed in Edgewater, New Jersey and make landfall in Manhattan near the West 49th Street Substation. The proposed submarine cable system design will be self-contained fluid filled (SCFF) cable configuration and the upland cable system design will be a cross linked polyethylene (XLPE) cable system. Two fiber optic cables that support system communications will also be installed.

The submarine component of the Project will be installed using low impact, jet plow embedment methods. ThcThe submarine cable will bcbe jetted (buried) into the river sediments to a minimum of 10 feet below the present bottom outside the limits of any established federal navigational channelschanncls along the route. Those portions of the submarine cable system that are located within the limits of a federalfcderal navigational channel will be located a minimum of 15 feet below the present bottom in accordance with United States Army Corp of Engineers (ACOE) permitting guidelines.

The submarine cable route will cross the Weehawken-Edgewater Federal Navigation Channel at a minimum crossing depth of -15 feet below the channel bottom where it will then enter within the designated Naval Anchorage Area 19 on the New York side of the Hudson River whcre the cable will then be buried to a minimum depth of -10 feet below the present bottom. Upon

102 enteringentering thethe anchorage area, the jet plow route then heads south in New York State-owned riverbedriverbed between thethe existing NYC pierhcadpierhead line and the adjacent anchorage area. The only existingexisting in-riverin-river infrastmctureinfrastmcture facility that will require crossing by the HTP Project isis an existing setset of24-inchof24-inch diameter gas pipelines that are deeply buried in a west-east configuration (NY/NJ(NY/NJ crossingcrossing locatedlocated near West 7777thth Street) in the rivcr,river, and are owned by Transcontinental Gas PipelinePipeline Corporation (TRANSCO). After erossingcrossing the buried TRANSCO pipelines, thethe routeroute continuescontinues southsouth moving out of the anchorage area downriver along the New York State side,side, wherewhere itit enters thethe easterly flank of the northerly end of an existing Federal Navigation Channel atat WestWest 59thth Street. The submarine cable will exit the riverbed and make landfall inin New York bctweenbetween thethe New York City Economic Development Corporation (NYCEDC) Passenger Ship TerminalTerminal Piers 92 and 94 via three horizontal directional drilling (HDD)-installed conduits connectingconnecting thethe riverriver toto the adjacent upland area at the area of West 52nd Street and DeWitt ClintonClinton Park. The proposed submarine cable route is approximately 4.0 miles inin lengthlength within thethe HudsonHudson River. Landfall locations will require the temporary installation of cofferdams withinwithin thethe River at thethe HOD terminus points.

TheThe submarinesubmarine cable system will be routed east along the northerly side of thethe NY CEDC Pier 9292 withinwithin thethe HOD conduits, where it will cross under lihlih Avenue (also called thethe West Side HighwayHighway and NY State Route 9A) to a Transition Vault located in the area ofW 52ndnd Street andand DeWittDeWitt Clinton Park. The segment of the submarine cable system will then be pulled throughthrough thethe previouslypreviously installedinstalled HOD conduit boreholes to connect with the underground transitiontransition vault.

FromFrom thethe Transition Vault the upland cable will be installed in an underground conduit systemsystem usingusing typicaltypical open cut trenching and backfilling techniques within the public road right-of-wayright-of-way andand sidewalkssidewalks on West 52nd Street, and south on lilihh Avenue to enter the Con Edison West 49thth StreetStreet Substation at thethe front of the building bordering 12th Avenue. The proposed upland cablecable inin NewNew York will be approximately 0.38 miles in length.

CertificationCertification

TheThe NewNew York State Public Service Commission certified, pursuant to SectionSeetion 40 II of thethe Clean WaterWater Act, 33 U.S.C. Section 1341(a)(l);1341(a)(1); Article VII of the New York State PublicPublie ServiceServiee Law; 1616 NYCRRNYCRR Subpart 85-2; and 6 NYCRR Subpart 608.9, that if the Applicant submits an acceptableacceptable Environmental Management & Construction Plan (EM&CP) segment forfor thethe in-waterin-water constructionconstruction work and complies with the conditions stated below, construction of thethe Project willwill complycomply with applicable rcquirementsrequirements of Sections 301, 302, 303, 306, and 307 of thethe Clean Water Act,Act, asas amended, and will not violate New York State water quality standards and requirements.requirements. ThisThis certificationcertification isis issuedissued with the Certificate issued to Hudson Transmission Partners, LLC inin CaseCase 08-T-0034.

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103 Conditions

I. No in-water work shall commence until all pre-construction conditions relating to such work contained in the Certificate have been met to the satisfaction of the New York State Public Service Commission.

2. ConstmctionConstruction and operation of the Transmission FaeilityFacility shall at all times be in conformance with the application in Case 08-T-0034, to the degree not superseded by the Certificate, and all conditions of approval contained in the Certificate.

3. Construction and operation of the Transmission Facility shall at all times be in conformance with the Certificate of Environmental Compatibility and Public Need issued by the NYS Public Service Commission in Case 08-T-0034.

4. ConstmctionConstruction and operation of the Transmission Facility shall at all times be in conformance with the EM&CP, and all conditions incorporated in any order approving the EM&CP, in case 08-T-0034.

5. The Applicant shall provide a copy of this certification to the U.S. Army Corps of Engineers along with a copy of the application, Certificate, EM&CP, and order approving the EM&CP (and all subsequent EM&CPs and approval orders) in Case 08-T -0034 so that the U.S. Army Corps of Engineers will have a complete record of the conditions that apply hereto.

6. The Applicant shall provide to all construction contractorscontraetors complete copies of the Article VII Certificate, the approved EM&CP, and this certification.

7. (A) ConstmetionConstruction within navigable waters shall be undertaken as and when permitted by the United States Army Corp of Engineers (US ACE), but not during the period November 15 to June 1.J.

(B) The following activities may be undertaken during the November 15 to June I period: Geotechnical and archeological sampling and testing; mobilization and demobilization of vessels and equipment used for cable installation and cofferdam construction; locating and marking utility crossings; and, on prior notice to DPS and DEC, required cable maintenance and repair work.

(C) After prior consultation with the DEC and DPS, the Certificate Holder may petition the Commission for a modification of any construction window limitation, provided copies of the petition are served on all parties to this procecding.proceeding. Such petition shall include the results of such consultation.

(D) The Certificate Holder shall install the cable at a burial depth ofa minimum 15 feet below the existingcxisting riverbed within the Federal Navigation Channel and a minimum of 10 feet below the existing riverbed outside the Federal Navigation Channel.

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104 (E) The Certificate Holder shall comply with any conditions contained in a Water Quality Certification issucdissued pursuant to ScctionSection 401 ofofthc the FcderalFederal Clean WatcrWater Act.

8. During the jet plow trials and the installation, the CertificatcCertificate Holder shall implemcntimplement the Suspended Sediment/WatcrSediment/Water Quality Monitoring Plan attachattachedcd as an Appendix (hereinaftcr(hereinafter the "Monitoring Plan"). ThcThe CertificatcCertificate Holder shall operate the jet plow in accordance with the opcratingoperating conditions detcrmincddetermined through the jet plow trials described in the Monitoring Plan to minimize suspension of in-situ sediments, subjcctsubject to the limitations of Condition I O(C), below.

9. IfIfthc the jet plow trials demonstrate that the preferred operating conditions result in real­rcal­ time, Total SuspendedSuspendcd Solids (TSS)concentrations, measuredmcasurcd 500 feetfcet down-current of the jet plow, exceeding the TSS concentrations at thethc up-current background station by morcmore than 200 mglL, thcthe CcrtificateCertificate Holder shall report such conditions to thcthe IndcpendentIndependent Inspector and work with the staffs of DPS and DEC to evaluatecvaluatc and implement reasonable modifications to thcthe jet plow operating conditions to minimize in­ situ scdimcntsediment suspcnsionsuspension associatcdassociated with the single pass jctjet plow installation procedure.proccdure.

10. Water quality:

(A) During jctjet plow installation, the CertificateCcrtificatc Holder shall measure turbidity NTU), TSS, hardness,hardncss, total PCB (method 608), arsenic, cadmium, copper, totaltotalmcrcury mercury and leadIcad concentrations within the water column of thcthe Hudson River at a point outside the effcctseffects of the jcttingjetting evcntevent (thc(the up-current background station) and at the transcctstransects down-currcntdown-current of thcthe opcratingoperating jet plow describcddescribed in the SuspendedSuspendcd Sediment and Water Quality Monitoring Plan attachedattachcd as an Appendix.Appcndix. MetalsMctals shall be reportedrcportcd both as totals and as dissolved fractions, exceptcxcept mercury, which shall be reported as totaltotalmcrcury. mercury. Up-ClllTentUp-cUlTcnt samplessamplcs shall be collected at a location at least 500 feet up-current of the jet plow (or at such greater distance as may be required to maintain a safe distance from the cablccable vessel) outside the effect of the jet plowing. Down-current samplcssamples will be collected 500 feet down­ current of thcthe jet plow. Samples shall be collected at three depths: Approximately 18 inchcsinches below the surface, at mid-depth and at three feet abovc the bottom.

(B) Suspended sedimentsedimcnt plume monitoring and water quality monitoring shall be conductedconductcd at the locations and frequency set forth in thethc Monitoring Plan.

(C) If, during jet plow installation of the cablc,cable, TSS ConccntrationsConcentrations measured at 500 fect down-current of the jet plow exceed TSS concentrations at the up-current background station by more than 200 mgIL, DPS Staff, DEC Staff and the IndependentIndcpendent Inspector shall be immediately notificd.notified. ThcThe CcrtificateCertificate Holder shall immediately employ oncone or more of thcthe following cnvironmcntalenvironmental protection mcasuresmeasures after consultation with the field representativcsrepresentatives of DrS Staff, DEC Staff and the Independent Inspcctor:Inspector: changing the ratcrate of advanccmentadvancement of the jet plow, modifying hydraulic jetting pressures, or implementing othcrother rcareasonablesonable

4

105 opcrationaloperational controls that may reduce suspension of in-sihl sediments, but not in a manner that would materially delay the progrcssprogress of work to complete the jcttingjetting installation proccdure,procedure, meaning a delay that would increase the jctjet plow installation schedule by more than fifty percent. Nothing in this subsection is intendedintendcd to require that hydraulic jettingjctting pressurcs be reduced to levclslevels which would not allow burial to the depths specified in the USACE pcrmitpermit through a single installation pass.

(D) During jet plow installation of the cable, the concentrations of total PCBs, total mcrclllY,mcrcUlY, and of the dissolved fraction of arsenic, cadmium, copper, and lead, measuredmeasurcd in the samplcs collected 500 feet down-current of the jet plow, shall not exceed the greater 0 f:

(I) the levels set forth in the table below, or

(2) 1.3 times the highest ambient background level measured during the same sampling day at the Up-clllTcntup-cuncnt background station at thc same depth as thc down-current sample.samplc.

Chemical Standard or Guidance value (ug(L)(ug/L) Dissolved arsenic 36 Dissolved cadmium 7.7 Dissolved copper 7.9 Dissolved lead 204.0 Total PCBs 0.2 per arodoraroclor Total mercury 0.05

(E) All laboratory analyses of Hudson River water quality and marine sediments required in this Certificate must be conducted by a laboratory certifiedcertificd by the New York State Department of Health.

(F) Nothing in this Certificate and its appendices shall limit either (i) the authority of the DEC to monitor the environmentalcnvironmental and health impacts resulting from the construction and operation of the project and to enforce applicable provisions of the Environmental Conservation Law (including those which provide for summary abatement authority) and applicable implementing regulations goveming the environmental and health impacts resulting from such construction and operation., or (ii) any defenses to such enforcement that the Certificate Holder may be able to assert under applicable law.

11.II. To avoid dishlrbaneedishlrbance to near shore sediments,sedimcnts, the Certificate Holder shall employ horizontal directional drilling ("HDD")("HOD") to install the submarine cable system from the proposed HDDHOD drill pit to auan exit pit in the bed of the Hudson River. The exit pit will be installed within a dredgcddredged cofferdam. No dredging is authorized by this Certificate except for drcdging in connection with installation of the cofferdam and subsequent installation activities at the cofferdam location.

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106 12.12. An environmental bucket shall be used for drcdging silt or other fine-grained materials during cofferdam constmction and transition operations. Drawings and specifications ofof thethe environmental bucket must be provided to the DEC Staff and DPS Staff prior toto thethe anticipated start of dredging.

(A)(A) A closed environmental bucket with scaling gaskets or an overlapping sealedscaled design at the jaws, and seals or flaps positioned at locations of vent openings,opcnings, shanshall be selected to minimize thcthe loss of material during transport throughthrough thethe water column and into the barge. ScalsSeals or flaps designeddesigncd or installedinstancd at thethe jawsjaws and locationslocations of vent openings must tightly covercovcr these openings while thethe bucket isis liftcdlifted through the water column and into the barge.

(B)(B) If significant loss of water and visiblcvisible sedimentsscdiments from thethc bucket isis observed, thethe operator or Independent Inspector shallshan halt dredging operations and inspectinspect thethe bucket for defects. Operations shanshall be suspended until allan necessary repairsrepairs or replacementsreplacements are made.

(C)(C) The material removed may not be side cast or returned to the water. The bucket shall be lowered to the level of the bargebargc gunwales prior to release of thethe load.load.

(D)(D) Bucket hoist speedspced shanshall be limited to approximately 2 feet per second.sccond. The bucket shall be lifted in a continuous motion through the water column and intointo thethe barge. There shanshall be no barge overflow.

(E)(E) The contractor shall demonstrate to the Independent Inspector's satisfaction thatthat thethe bucket dredgedredgc operator has sufficient control over the bucket depth inin thethe water and bucket elosureclosure so that the sedimentsedimcnt re-suspension from bucket contact with thethe bottom and bucket over-finingover-filling is minimized.

(F)(F) Only barges in good operating condition and appropriately designed toto contain discharged sediments, shall be employed to contain the sediment and water placed inin them.them. Deck barges shanshall not be employed, unless modified toto allow no barge overflow.

(G)(G) All sediments excavated during cofferdam construction and transition activities atat thethe landfanlocationlandfall location must be disposed of at a state approved upland disposal site.site. DredgedDredgedmatcrialmaterial shall not bcbe side-cast, stockpiled on-site, or re-introduced intointo thethe harbor.

(H)(H) The namenamc and location of the source of all materials proposed for use as backfillbackfin inin thethe cofferdamcoffcrdamlocationslocations shall be identified in the EM&CP. Prior toto backfilling thethe cofferdam locations, the applicant shall submit verification toto thethe DEC and DPS Staff that thethc backbackfillfin materials are either from a virgin source or provide analytical data confirming that the material is suitable for use as backfill.

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107 13.13. WaterWater draining from dredged material on deck barges shall be filtered through geotextilcgeotextile fabric;fabric; followingfollowing filtration, drained water shall be contained in a holding scow forfor a minimumminimum of 24 hours after the last addition of water to allow for settling of fine sediments.sediments. Water shall be decanted and discharged into the Hudson River only followingfollowing thethe mandatory holding period. Geotextile fabric specifications shall be provided inin thethe EM&CP.EM&CP.

Ce11ifiedCe11ificd by:

Floyd Barwig, Director Office of Energy Efficiency & Environment New York State Department of Public Service Three Empire State Plaza Albany, New York 12223

Date:

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108 APPENDIX

SUSPENDED SEDIMENT/WATER QUALITY MONITORING PLAN FOR JET PLOW EMBEDMENT OPERATIONS

1.01.0 INTRODUCTIONINTRODUCTION

This document presents the suspended sediment and water quality monitoring plan forfor thethe HudsonHudson Transmission Project. This plan is to be implemcnted during pre-installation jetjet plow trialtrial operationsoperations and during jet plow embedment of the cable system in New York State waters ofof thethe HudsonHudson River.Rivcr. Thc suspendedsuspcnded sedimentsedimcnt disturbance created by jetting operations will be characterizedcharacterized along specified transects using a three fold approach: I) by collecting inin situ verticalvertical profiles of thethe water column using a specially equipped Conductivity-Temperature­ Depth-OpticalDepth-Optical Back Scatter Profiler; 2) by documenting the 3-dimensional current flowflow and suspendedsuspended sedimentsediment cross section of the water colunm using a vessel-mounted Acoustic Doppler CutTentCUlTent Profiler (ADCP);(ADCP); and 3) by collcctingcollecting water samples at various depths for laboratorylaboratory analysisanalysis of totaltotal suspended solids (TSS). In addition, water quality monitoring will be conducted duringduring jetjet plow embedment at specified transects by collectingcollccting water samples at various depths forfor laboratOlylaboratOly analysis ofofhardncss,hardness, total PCBs (Method 608), total mercury, and totaltotal and dissolveddissolved arsenic, cadmium, copper and lead. Monitoring activities will be conducted down­ currentcurrent ofjettingjetting operations and at a background/control station up-current of thethe cable embedmentembedment operations.

2.02.0 General Monitoring Procedures

The physical characteristics and extent ofthe dispersing plume of sediment placed inin suspensionsuspension by thethe operating jet plow and concurrent TSS will be detailed fi'om a small boat equippedequipped with a combination of calibrated acoustic and optical instmments and a drawn water sampler.sampler. The acoustic instrumentationinstrumcntation will consist of a high frequency ADCP. This system will provideprovide nearly continuous profiles of acoustic backscattering intensity and coincident current speedspeed andand direction each I to 2 meters (m) over the vertical.vcrtical. The quantitative relationship betweenbetween backscattering intensity and the concentration of suspended sediments (TSS) will be establishedestablished during pre-installation trials discussed in Section 4 by comparing measured acoustic backscatteringbackscattering toto thethe levelslevels ofTSS measured in drawn water samples. TSS concentrations inin eacheach drawndrawn waterwatcr sample will be determined by vacuum filtration through dried and pre-weighed filtersfilters (0.47(0.47 flfl pore size). The Optical Back Scatter (OBS) sensor will be mounted on a conductivity/temperature/depthconductivity/temperature/depth (CTD) Profiler. This combination of instrumentation will provideprovide a continuous profile of optical backscattering as well as water temperature and salinitysalinity overover thethe vertical at selected stations along each survey transcct.transect. The quantitative relationship betweenbetween optical backscattering and TSS will be established during the pre-installation trialstrials discusseddiscussed inin Section 4 by laboratory comparisons ofOBS output signal levels toto a rangerange of suspendedsuspended material concentrations. The drawn water samples obtained throughout thethe survey periodperiod will also be used to refine these pre-survey laboratory calibrations. Comparisons of thesethese datadata andand concurrent OBS and ADCP output signals will provide a continuing check on systemsystem stabilitystability and calibration. The combination of acoustic and optical instrumentationinstrumcntation deployed on aa

8

109 mobile small boat is considered the most comprehensive,comprehensivc, accurate, and cost effective means to define background TSS conditions and to detail the character and extcntextent (both space and time) of the plume of sediment placed in suspension by the operatingoperatingjct jet plow. The instrument system (ADCP-CTD/OBS) will allow real time detailing of plume characteristics sufficientsufficicnt for both scicntificscientific and management nceds.needs. The ADCPCTD/OBS instrumentation will also collect data concurrcntlyconcurrently with thcthe requircdrequired drawn watcrwater sample collection for TSS and water quality constitucntconstituent analysis so that comparisons of the rcal-timcreal-time and drawn water sample results can be madc.made. WatcrWater quality constituent sampling will focus on sampling and measuring water column concentrations of constituents specified in the conditions of this Certificatc.Certificate.

3.0 Suspended Sediment and Water Quality Monitoring Procedures

ScdimentSediment rc-suspensionre-suspension during jet plow embedment will be monitored along transects run perpendicular to the direction of current flow and down-current ofjet plow embedment operations. The characteristics of the suspended sediment plume created by jet plow embedment will be monitored in real-time using an RD InstnunentsInstnllnents ADCP, Seabird electronics CTD-OBS vcrticalvertical profiler and a peristaltic pump sampling system. The ADCP and CTD-OBS instmmcntsinstruments will be calibrated to measure suspended sediment concentrations through quantitativequantitativc relationships betweenbetwecn thethc ADCP, CTDOBS, and TSS. Monitoring of the suspended sediment plumcplume will be conducted once during flood and onceoncc during ebbcbb tidetidc conditions as described below.

Real-time monitoring will consist of ADCP measurements (boat mounted) and CTD-OBS profile measurements taken along three or more transects. The first transect will be conducted as close as possible to and down-current of the jet plow with the subsequent transects proceeding down-current for a sufficient distance and with a sufficient number of transects to characterize the limits of the jet plow induced plume. Possible transect distances may be 200 feet, 500 feet and 800 feetfcet down-current of the jet plow installation device. The spacing and length of these transects will be adjusted in the ficldfield to establish the spatial extent of the down­ current suspended sediment plume observed at the time of survey. The prc­pre­ installation jetting trial (described in Section 4.0) will help to dcterminedetermine the appropriateappropriatc spacing of the transccts.transects. OncOne transccttransect will also be conducted approximately 500 feet up-current of the opcratingjctoperating jet plow (or at a reasonably safe survey distance up-current of the jet plow) to detail ambient or background conditions.

At each transect, the survey vessel will collect vessel-mounted ADCP current and backscatter data throughout the water column. At the conclusion of eachcach transcct,transect, a CTD-OBS vertical profile will be collected at the location ofthe highest acoustic backscatter seen in the ADCP data. Discrete water samples will be collected at three depths (near-surface, mid-depth, and near bottom) at the up­ current transect, 500 feet down-current, and greater than or equal to 800 feet down-current of the operating jet plow. Water samples will be shipped to an analytical laboratory for analysis of by-weight concentrations ofTSS.

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110 • In addition, water quality samples will be collected at the up-current transect to represent background conditions and at the transect located 500 feet down-current of the operating jet plow to obtain measurements needed to ealculatecalculate jet plow­ induced water quality eonstituentconstituent concentrations. These water samples will also be collected and analyzed at three discrete depths (near-surface, mid-depth, and near bottom). Water samples will be shipped to an analyticallaboratoty for analysis of hardness; total PCBs (Method 608); total mercury; and total and dissolved arsenic, cadmium, copper and lead.

Failure to collect samples over the course of the installation will be considered a violation of certificate conditions.

• If, during jet plow installation of the cable, the near-bottom, mid-depth, or near­ surface TSS concentrations measured 500 feet down-current of the operatingjet plow exceed the near-bottom, mid-depth, or near-surface TSS concentrations at the up-current background station by more than 200 mgIL, then NYSDPS Staff, NYSDEC Staff and the independent environmental monitor shall be immediately notified. In addition, reasonable and feasible mitigation measures would be implemented after consultation with these representatives such as changing the rate of advaneementadvancement of the jet plow,ploW, modifying hydraulic jetting pressures, or implementing other reasonable operational controls that may reduce suspension of in-situ sediments but not in a manuel'manner that would unreasonably delay the progress of work to install the submarine cable system. Nothing in this monitoring plan is intended to require that operational adjustments to the jet plow be made that would prevent burial of the cable to the depths specified in the pemlit conditions through a single installation pass.

4.0 Pre-installation Trial Suspended Sediment Monitoring

A pre-installation trial operation of the jet plow equipment will be conducted prior to commencement of cable burial to simulate operation and possibly refine jet plow operating configurations. This trial will be conducted in actual field conditions within representative sections or areas proximate to the proposed submarine cable route. The trial is expected to be conducted over a period of approximately two (2) days. The trial will include the laying, burial and recovcryrecovery of approximately 1,000 fectfeet of an appropriate "test object" selected to simulate the actual cable. Suspended sediment plumes associated with the jetting trial will be monitored using the ADCP, CTD-OBS vertical profiles, and drawn water samples as described above. This trial will allow contractors to test operational settings of the jet plow in order to minimize re­ suspension of sediments while still achieving adequate burial. In addition, the trial will provide an opportunity to refine suspended sediment monitoring procedures including the calibration of acoustic, optical backscatter and water sampling equipment as well as communication protocols between the monitoring and installation crews.crcws. Procedures to be followed during jet plow embedment of the cable system may be modified based on the findings of the pre-installation trial. Modifications may include adjustment of transect locations, number of drawn water samples collected, methods for deploying equipment, and the procedures for correlation of drawn

10

111 watcrwater samples with real-time equipment. Any modification to thethc monitoring plan would be subject to NYSDEC and NYSDPS approval.

In addition, the preferred operating conditions will be verificdverified by the Independent Inspector and reported to the NYSDEC and NYSDPS Staff. Water samplcssamples will bcbe collected at multiple points in the tidal cycle during the trials to generatcgenerate data rcquiredrequired to develop a calibration curve for calibration of the OBS sensor. The calibration will consist of a regression typctype analysis. Once calibration procedures have becnbeen completed, a calibration curve will be generated and provided to NYSDEC Staff and NYSDPS Staff prior to the commencement of cable burial. The calibration curve will be updated bascd on data collected dmingdUling the actual cable installation.

5.0 Sampling and Analysis Schcdule

Suspended sediment and water quality field monitoring will be conducted every day, during daylight hours, during jet plow embedment of the cable systemsystcm in thethc Hudson Rivcr.River. Water samples collected for TSS analysis are anticipated to be transferrcdtransferred to a New York State ccrtifiedcertified laboratory every 24 hours. OnccOnce samplcssamples are received at the laboratory, the total tumaround time, including laboratory analysis, data enlly,entty, and data processing is cxpectedexpected to takctake four to six days. Water samples collected for sclectedselected metals, hardness, and PCB analysis will bcbe transfcrredtransferred to a New York State certified laboratory at the end of each sampling day following collection or may be batched over a fcwfew days if holding times allow. Oncc samplcssamples are received by the laboratory, the total turnaround time is expcctedexpected to be 21 to 28 days; thercfore,therefore, thescthese data will not be availablcavailable prior to the completion of submarine cable installation.

6.0 Reporting

Results ofthcof the pre-installation trial will bcbe summarized along with any findings or recommendations for procedures to be followed during cable burial. ThescThese results will be summarized in a briefletter report and provided to the NYSDEC and NYSDPS. Once cable burial activities begin, available real-time data rcsultsresults can be reported verbally on a daily basis to a designated contact at NYSDEC if desired. After completion of cable burial activities, a final report will be prepared that will include a description of procedures followed during the monitoring program, field data results, analytical testing data rcsults,results, accompanying QA/QCQAlQC data, and a summary discussion evaluating the results. The final reportrcport will includcinclude the actual correlations betwcen real optical and acoustical backscattcrbackscatter equipment and corresponding TSS rcsults from drawn water samples. The rcport will also includc a comparison ofTSS results to project-requircd thresholds and a comparison of water quality results to relevant watcr quality standards. The final report summarizing the rcsults of the suspended sedimcnt/water quality monitoring program will bcbe submitted to the NYSDEC and NYSDPS within six months of the complctioncompletion of installation.

II11

112 Environmental February 7, 2011 Protection Robert J. Curley, P.E., Project Manager Birdsall Services Group, INC., 611 Industrial Way West .., Eatontown, NJ 07724

Caswell F. Holloway Commissioner

James J. Roberts, P.E. th Deputy Commissioner Re: Revocable Franchise Consent for Duct Bank, Pit & Vault in 12 Avenue nd Bureau of Water and and 52 Street, Borough ofManhattan Sewer Operations

Dear Mr. Curley: 59-17 Junction Boulevard Flushing, NY 11373 This is in reply to your submission ofplans dated January 26, 2010 for the proposed 345kV underground Duct Bank and Electric Power Cables for the above referenced project. Please be advised that presently submitted changes to the proposed Duct Bank and Electric Power Cables have been reviewed and are acceptable as submitted with additional note shown in red on the attached herewith set of plans: "Non-standard details must be submitted to this office during construction for review and approval" . ~ The applicant must contact Ms. LouAnnPorcello, at (718)595-5212, or Kori Smith, at (718)595-5213, both from this office, to schedule a preconstruction meeting, for water main and sewer work. Should you have any questions regarding this review, please contact Ms. Tamara Sevastyanova ofthis office @ (718) 595-54470r via email at tsevastyanova@dep .nyc.gov Address all submissions and correspondence to Mr. David Ramia, P.E., Chief, Division ofReview & Construction Compliance, Bureau of Water & Sewer Operations, 59-17 Junction Blvd, (3 rd FloorlLow-Rise), Flushing, NY 11373-5108.

Very truly yours, C.G1 , Wf1j(;(PP2M 1 () ilL'­ ){(n~ Veyt~~~~.El Chief, Plan Review Section

113 C: David Ramia, PE.,Chief,Division of Review and Construction Compliance; James Luke, P.E. Chief ofDivision Permitting and Connections; Irina Veytsman, P.E., Chief Plan Review Section; John Weiburg, P.E., E.I.C. Plan Review Seection; Tamara Sevastyanova, Review Engineer, Plan Review Section File, Plan Review Section T.S.

Copy to: New York City Department ofTransportation Division ofFranchises, Concessions and Concents, 55 Water Street, Floor 9th West New York, NY 10004

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114 Environmental February 17, 2011 Protection Ms. Emma Berenblit Director ofRevocable Consents New York City Department ofTransportation Caswell F. Holloway Division ofFranchises, Concessions and Consents Commissioner 55 Water Street, #9 th West New York, NY 10013

RE: Franchise of Revocable Consent for Duct Bank, Pit & Vault in James J. Roberts, P.E. 12th Avenue and 52"· Street Deputy Commissioner Borough ofManhattan, Bureau of Water & Sewer Operations Dear Ms. Berenblit: [email protected] This is in reply to your letter dated November 20, 2009, requesting examination of a 59-17 Junction Boulevard petition ofa revocable consent from the New York City Department ofTransportation Flushing, NY 11373 (DOT) to construct, maintain and use proposed duct bank and pit/vault (chambers) to T; (718) 595-5330 be constructed under and across 52"· Street & 12th Avenue in the Borough of F; (718) 595-5342 Manhattan.

Primary property benefited: Con Edison Substation 683-699 12th Avenue Block #1097, Lot # II, Owner; Consolidated Edison ofNew York

Secondary property benefited: Pier 92 Block #1109, Lot #30, Owner; NYC Department ofSmall Business Services

The Division of Review and Construction Compliance (DR& CC) has received the revised plans and found it to be acceptable with a note; "Non-standard details must be submitted" to DR& CC during construction for a review and approval to their office during construction for final review and approval. In addition, any structure not shown in the Department of Enviromnental Protection (DEP) Design Standards is considered non-standard.

The applicant must contact Kori Smith at 718-595-5213 or LOUAml Porcello at 718­ 595-5212 to arrange for a pre-construction meeting for the proposed sewer and water main work at least fifteen (15) days before commencing construction.

Very truly yours,

James A. Luke, P.E., Chief Division ofPerrnitting & Inspection

115