Confidential Trade Secret Critical Infrastructure
CROSS HUDSON PROJECT
ENVIRONMENTAL MANAGEMENT AND CONSTRUCTION PLAN
ATTACHMENT B
Other Permits and Approvals
s-r U.S. Army Corps of Engineers Permit B-2 NYS Office of General Services Use and Occupancy Agreement
02:OO2398_CC12_Q4..B2311 B-1 R_EMCP Hud30D River SegIIEnI.doc·2129iUS
Confidential Trade Secret Critical Infrastructure
CROSS HUDSON PROJECT
ENVIRONMENTAL MANAGEMENT AND CONSTRUCTION PLAN
ATTACHMENT s-r
u.s. Army Corps of Engineers Permit
02:002398_CCI2_04-B2JII B-3 R F.MCP Hudsnn Ri_r Sclffienu1oc._?.fN,{),Il
DEPARTMENT OFTHE ARMY NEW YORK DISTRICT, CORPSOF ENGINEERS JACOBK. JAVITSFEDERAL BUILDING NEW YORK, N.Y. 10278-l1090 OCT 292007 REPLY TO ATTENTION Of; Regulatory Branch
SUBJECT: Permit Application Number NAN-2001-01201-5-EJE by Cross Hudson Corporation
Cross Hudson Corporation Attention: Harold W. Borden 500 North Wood Avenue, Suite 2 Linden, NJ 07036
Dear Mr. Borden:
Enclosed is a Department of the Army permit for your work.
You are required to submit to this office the dates of commencement and completion of your work. Enclosed are two forms for you to use to submit the required dates.
If for any reason, a change in your plans or construction methods is found necessary, please contact us immediately to discuss modification of your permit. Any changes must be approved before they are undertaken.
Enclosures
cc: Joe Forti ecology and environment, inc. 368 Pleasant View Drive Lancaster, NY 14086
B-5 DEPARTMENT OFTHE ARMY PERMIT
Permittee: Cross Hudson Corporation 500 North Wood Avenue, Suite 2 Linden, NJ 07036 (908) 926-2224
Permit No.: NAN-2001-01201-5-EJE
Issuing Office: New yJiP DUt~t Corps of Engineers
NOTE: The term ·you· and its derivatives, &s used in this permit, means the per.mdttee or any future transferee. The term -this office- refers to the appropriate district or division office of the Corps of Kngineers baving jurisdiction over the parm.1tted activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the te~ and conditions specified below.
Project Description, Construction of a 670 MW, 345 kV alternating current (AC) electric generator lead connecting the Bergen Generating Station in Ridgefield, NJ to the ConEd West 49'· Street Substation in New York City. The project shall include: installation of three (3) .. electric and associated communication and temperature sensing cables bundled together in the Hudson River; drilling of a maximum 66-inch diameter borebole by horizontal directional drilling (HDD) from a drill pit in Edgewater, NJ into the Hudson River; installation of a cofferdam at the seaward end of the HOD borehole at the New Jorsey side prior to the beginning of the HDD borehole construction; installation of conduits for the cable system in the borehole; drilling of a maximum 66-inch diameter borehol~_l:>y_]lDD.. f~Q ..lll__a drill pit in the northern portion of the Pier 94 Convention Center parking lot in New York City, NY into the Hudson River; installation of a cofferdam at the seaward end of the HOD borehole at the New York side prior to the beginning of the HOD borehole construction; dredging of sediment inside the NY and NJ cofferdams to a depth of 60-feet below mean lower low water (MLLW) for a total of approximately 9,000 cubic yards (CY); and installation of a submarine cable system in a single trench by jet plow embedment to a minimum depth of approximately 15-feet below the present bottom of the Federal Channel and to a depth of approximately 10-feet below the river bottom outside of the Federal Channel. All work shall be performed in accordance with the attached drawings and special conditions (A) through (R) which are hereby made part of this permit, and the New Jersey Department of Environmental Protection Permit No. 0000-02-0045.1 WFD 070001, incorporating the Section 401 Water Quality Certificates, and the State of New York public Service Commission Case NO. 01-T-1474 Certificate of Environmental Compatibility and Public Need as currently amended, which are hereby made a part of this permit.
Project Location: IN: Hudson River
AT: Township of Edgewater, Bergen County, New Jersey and Borough of Manhattan, New York County, New York
ENG FORM 1721, Ngy 86 EDITION OFSEP 82 ISOBSOlETE. (JJ CFRJ25(Appmdis,4)
1145 -2-303b (//) B-6 '"!' .', ff I, ~ • ',PERMtTrEE: Cross Hudson Corporat1on PERMIT NO.:NAN-2001-01201-5-EJE OCT 262007
Permit Conditions:
General Conditions:
1. The time limit for completing the work. authorized ends on MAR 222009 If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may mak.e a good faith transfer to a third party in compliance with General Condition. below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or.if the site is eligible for listing in the National Register of Historic Places.
•. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5, If a ccndi t Loned water quality certification has been issued for your project, you must comply wi th the conditions specified in the certification as special conditions to this pennit. For your convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
(A) The peDnittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice form the Corps of Engineers, to remove, relocate. or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal Or alteration. (B) The cable shall be installed at a minimum depth of 38-feet below mean low water (MLW) in the Hudson River Federal Navigation Channel, where the current authorized depth is 30-feet below MLW. (C) The permittee would be required to relocate the cable should it
ENG FORM 1721. Nov 88 EDITION OFSEP82IS OBSOlETE. (33CFR 31S(App",,!i:< A))
B-7 2 I " \'~ ,I • . PERMITTEE: Cross Hudson Corporation • PERMIT NO. :NAN-200l-0l20l-S-EJE OCT 262007
become necessary to maintain the full authorized depth of the 48-feet below MLW in the Federal Navigation Channel area. (D) A minimum three (3) weeks advance notice prior to construction activity, the permittee must submit two (2) finalized sets of construction drawings to William Gas Pipeline-Transco (WGP Transco) offices. The drawings must include the information requested in WGP-Transco's letter dated 22 April 2002. (E) A minimum vertical clearance of 15-feet is recommended between the bottom of the electric generation lead and the top of any WGP-Transco facility. A lesser clearance that will not adversely affect any WGP-Transco facility is authorized. (F) The permittee must notify WGP-Transco five (5) working days before commencing construction activities. (G) The permittee shall submit to the office of the u.s. Army Corps of Engineers-New York District (USACE-NYD) a copy of an approved Environmental Management and Construction Plan for review and comment in accordance with Condition 23 of the State of New York Public Service Commission Opinion and Order No. 01-T-1474 dated October 21, 2004. (H) The permittee shall submit diagrams showing the actual location of the cable system within six (6) months of installation to the appropriate state and federal agencies. (I) The permittee shall perform a hydrographic/side scan sonar survey along the cable route approximately nine (9) to twelve (12) months after the cable system has been installed to verify that benthic profile recovery has been achieved. This survey shall be submitted to the USACE-NYD and the National Marine Fisheries Service (NMFS) for review. If NMFS and USACE-NYD determine that benthic recovery is adequately achieved based on the results of the first survey, no further surveys shall be required. If NMFS and USACE-NYD determine that benthic profile recovery is not adequately achieved after the first survey event, additional hydrographic surveys will be undertaken at approximately 12-month intervals after the first survey until it has been determined that recovery has been achieved. Prior to undertaking the surveys, a benthic profile recovery plan would be coordinated with USACE-NYD and NMFS. (J) The permittee shall conduct benthic grab sampling if it has been determined that benthic profile recovery is not aaequately achieved after the second hydrographic/side scan sonar survey. If the results from the benthic community sampling indicate that there is no significant difference between the benthic community composition in the disturbed riverbed areas with the limits and the areas outside of the cable installation corridor, then no further action or mitigation would be required. If the benthic community composition analysis indicates that recovery has not been achieved, then the permittee shall coordinate with the USACE-NYD and NMFS to evaluate and implement additional monitoring or appropriate mitigation for adversely affected Essential Fish Habitat (EFH).
ENG FORM 1721, Nov 86 EDmONOFSEP62IS OBSOlETE. (J3 OR325(Appmdis A))
B-8 3 , .'. .., ,( PERMlrTEE: Cross Hudson Corporation 'PERMIT NO.:NAN-2001-01201-5-EJE OCT 262007
(K) The permittee shall adhere to all the conditions and appendices specified in the State of New York Public Service Commission Opinion and Order No. 01-'1'-1474 for the Article VII Certification of Environmental Compatibility and Public Need dated October 21, 2004. (L) The permittee shall notify the United States Coast Guard (USCG), Staten Island, ,New York, and provide the following information: 1) when the start and completion dates for the Cross Hudson Project are known, 2) the hours during which work would be done, i.e. daylight or 24-hours, 3) the name and description of work vessels on scene, 4) the VHF radiochannel(s) the vessels would be monitoring, and 5) a company point of contact available 24 hours a day. The information would be faxed to the USCG office at 718-354-4190, and would be provided a minimum 30 days before project commencament. (M) The permittee shall contact the New York City Dockmaster, Mr. Greg Smith, at the 79t h Street Boat Basin at 212-496-2105, to ensure there are no conflicts with the recreational mooring field along the shoreline.' The permittee shall supply evidence of such contact with the New York District. (N) The permittee shall adhere to the special conditions provided in the New Jersey Department of Environmental Protection (NJDEP) Permit No. 0000-02-0045.1 WFD 070001, incorporating the Section 401 Water Quality Certification. (0) The permittee shall adhere to the special conditions provide in the New York State Department of Public Service Article VII Water Quality Certification dated October 21, 2004. (P) The permittee shall coordinate with the County of Bergen Department of Public Works (DPW) and relocate the conduit as necessary to ensure the traffic signal equipment is not compromised. (Q) The permittee shall coordinate with the members of the County of Bergen DPW to complete a detailed location survey to include drainage and sanitary sewer systems at the New River Road intersection, located at Edgewater, New Jersey. (R) The permittee shall coordinate with Tom Connolly, Supervisor of Roads, County of Bergen, 70 Zabriskie Street, Hackensack, New Jersey 07601, at 201-626-2811, and assure all required construction permits are secured before construction commencement.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899 133 U.S. Code 403).
(X) Section 404 of the Clean Water Act (33 U.S. Code 1344).
ENG FORM 1721. Nov 86 EDITION OFSEP82 ISOBSa.ETE. (JJ CFR J25 (Appendix A))
B-9 4 e ' .. , PERMITl'EE: Cross Hudson Corporation 'PERMIT NO.:NAN-2001-01201-5-EJE OCT 262007
( ) Section 103 of the Marine Protection, Research and Sanct~arieB Act of 1972 133 U.S.C. 1413).
2. Limits of this authorization:
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof. as a result of other permitted or ~npermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property. or to other permitted or unpermi.t ted activities or structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any ti~e the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the t erms and conditions of your
ENG FORM 1721, Nov 86 EDITION OFSEP 132 IS OBSOLETE. (JJ 011. 325(App B-1O 5 1 •r PERHcrTTEE:.. Cross Hudson Corporation PERMIT NO.:NAN-2001-01201-5-EJE OCT 262007 permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if yo~ fail to comply with such directive, this office "may in certain situationa (such as thoae specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the ccmpletion of the activity authorized by this permit. Unless there are circurnstancea requiring either a prcmpt 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. ENG FORM 1721, Nov 86 EDITION OFSEP 82 IS OBSOLETE. (JJ CFR 325(Appendix A)) s.n 6 PERKITTEE: Cross Hudson Corporation OCT 262007 PEJUc.rT NO.:NAN-2001-01201-5-BJB Your signature h~lO'li', as permittee, indicates that you' accept and agree to comply with the terms and conditions of this permit. IMTEI This permit oecceee e~fect1ve when the Federal official. desigDated to act for the Secretary of the Army. has signed below. fi~~7 OCT 262001 "FOR AND IN BEHALF OF" IDATE) Aniello L. Tortora colonel, u.s. Army District Engineer When the structures or work authorized by this permit are still in exietence at the time the property is transferred, the terms and cOnditions of this permit 'Will continue to be binding on the new owner (a) of the property. To validate the transfer of this' permit lUld the associated liabilities associated with compliance with i~8 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. (TRANSFl!IlIlE) (MTEI ENG FORM 1721, Nov 86 EomON OFSEP 62 IS OasCUTE. (33CFR325(App 7 8-12 .. I; I ;. i " -, "\ Cross Hudson Project P"o- 2 of7 pages File No.: 0000-02-0045.2 WFD 070001 This permit is subject to the following general conditions: 1. This permit is revocable, or subject to modification or change at any time, pursuant to the applicable regulations, when in the judgement of the Department of Environmental Protection ofthe State ofNew Jersey such revocation, modification or change shall be necessary. ( 2. The issuance ofthe permit shall not be deemed to affect in any way action by the ( Department ofEnvironmental Protection ofthe State ofNew Jersey on any future ( application. C 3. The works. facilities, and/or activities shown by plans and/or other engineering datas " G which are this day approved, subject to the conditions herewith established, shall be constructed and/or executed in conformity with such plans and/or engineering data and the said conditions. 4. No change in plans or specifications shall be made except with the prior written permission ofthe Department ofEnvironmental Protection ofthe State ofNew Jersey. ~ 5. The granting of this permit shall not be construed to in any way affect the title or ownership ofproperty, and shall not make the Department ofEnvironmental Protection or (If.l the State a party in any suit or question of ownership. e © 6. This permit does not waive the obtaining ofFederal or other State or local government consent when necessary. This permit is not valid and no work shall be undertaken until o such time as all other required approvals and permits have been obtained. o @ 7. A copy ofthis permit shall be kept at the work site, and shall be exhibited upon request of ® any person. e 8. In cases ofconflict, the conditions ofthis permit shall supersede the plans and/or engineering data. e o e c B-45 ® ~ '.' I;' __ \,. '" Cl\>ss Hudson Project Page 3 ~ _ 7pages File No.: 000()'{)2-O045.2 WFD 070001 PROJECT DESCRIPTION (CONTINUED): The areasofthc cofferdam shall bethe entry point for the hydraulic jet-plow to be used 10 install the electric cableunder the Hudson River 10 the Consolidated EOOon West 49"Street Substation located in New York City, NY. Once thecable isinstalled theNew Jersey dredged area lIl1ISt be returned 10its original elevation. Followingthat, the steel sheetpilescofferdam will be removed. APPROVED PLANS: • Twenty-five sheets entitled "Cross Hudson Project, NIDEP LURP Plans" dated May 18, 2007, and preparedby William J. Meister ofDMJM Harris! ABCOM. • Onesheet entitled "New York Cofferdam, Proposed Underwater Cable Crossing" daied June 26, 2007, and prepared by Ocean Surveys, Inc. • Onesheet entitled "New Jersey Cofferdam, Proposed Underwater Cable Crossing" dated June 26, 2007, andprepared by Ocean Surveys, Inc. • Onesheet entitled "Estimated Cofferdam Alignment, NY" datedApril 2007 and prepared byCaldwell Marine InternationaI, ILC • . One sheet entitled "Estimated Cofferdam Alignment, NJ' datedApril 2007 and prepared byCaldwell Marine . " International, LLC The project is authorized under, and in compliance with, the Rules of CoastalZoneManagement (N.J.A.C. 7:7E) governing; FinfishMigratory Pathways (7:7E-3's), Navigation Channels (7:7E-3.7), Submerged Infrastructure (7:7E-3.12), IntertidaVSubtidal Shallows (7:7E-3.15), New Dredging (7:7E-4.7), Miscellaneous Uses (7:7E-422), DredgedMaterial Disposal on Land (7:7E-7.12), Marine Fish and Fisheries 7:7E-8.2) and Water Quality (7:7E I 8.4). This permitis approved, subject to the tidelands license issued to PSE&GPowerIn-City, LLC on August 21, 2003. Issuance of this permit does not in anywayrelinquish the State's ownership interest in the property, if any exists. This permit is issued subject to and provided thatthe following conditions canbe met to the satisfaction ofthe New JerseyDepartment of Environmental Protection (NJDEP) Office of Dredging and Sediment Technology. All conditions must be met prior to construction unless otherwise specified. Compliance with Administrative conditionsshall be determined once copies of all specified permits, certifications, plans,agreements, etc. have been received, not less than 30 daysprior to construction. and approved by the NJDEPOffice ofDredging and SedimentTechnology, All Physical Conditions are subject to on-site compliance inspection by the NJDEP Bureau of Coastal and Land Use Enforcement. As per N.J.A.C. 7:7-1.4, you must notifythe NJDEP Bureau of Coastaland LandUse Enforcement, (401 EastStateStreet, P.O. Box 422, Trenton, NJ 08625), in writing at least 3 days prior to commencement of construction or site preparation. This pennit shall be RECORDED in the officeof the County Clerk (the REGISTRAR OF DEEDS AND MORTGAGES in the applicable counties) in the county wherein the lands included in the permit are located 'within ten(10) days after the receipt of thepermitby the applicant and verified notice shall be forwarded to the NJDEPOffice of Dredging and Sediment Teclmology immediately thereafter. This permit is NOT VALID until thepermitacceptance fonn has been signed by the applicant, accepting and agreeing toadhere to all permit conditions, andreturned to the NJDEP Office of Dredging and Sediment Technology, 6~ floor Assistant Commissioner's Suite,P.O. Box 028, Trenton, NewJersey 08625. • ,;: k I -, . I " ....~ss Hudson Project Page, .' 7pages File No.: OOOO.Q2-0045.2 WFD 070001 ADMINISTRATIVE CONDITIONS I. The pernrittee shall allow an authorized representative of the NJDEP the right to inspect construction pursuant to N.lA.C. 7:7-1.5. ( 2. The permittee shall obtain all required local, stateand federal approvals. ( Prior to initiation of construction,thepermittee shall apply for and receive approval of a transfer of the 3. ( tidelands license issued to PSEG Power In-City, LLC from the Bureau of Tidelands Management.' ( 4. The permitteeshall comply with allconditions specified in the United States Army Corps of Engineering authorization for the project (US ACE Permit No. 200I.Q1201-2) issued September 22, 2003, and any G amendments thereto. ( 5. The permitteeshall complywith allconditions specified in the NYSPSC Amendment to the Certificateof Environmental Compatibility and Public Need issuedOctober 21,2004, and anyamendments thereto-. PHYSICAL CONDmONS Cofferdam ConstmctionIDredging I. Thepermittee shall post appropriatewarning signs around the cofferdam during construction as required by the US CoastGuard. The permitteeis required tonotify the US CoastGuard 30daysprior to the star!of construction. 2. In order to protect winter flounderandanadrornous fish, a timing restriction of January I" through May 31" is imposed in this permitwhich prohibits any piledriving or sedimentgenerating activities during this timeframe. This timing restriction is consistent with the NY Article VII Certificate. . 3. Thedredged material from this contractshall beremoved using a closed clamshell environment bucket until refusal at which time a clamshell bucket orexcavator shall be usedto remove theremaining material to project depth. @l Q 4. Thepennittee shall employ the services ofanindependent dredginginspector tomonitordredging activities 6. Theclosed clamshell environmental bucket shall be equipped with sensors to ensure complete closure of the bucket before lifting the bucket. Saidsensors shall be operational during theentire dredging operation. B-47 , . <-'';' i. ,- " "~ Crbss Hudson Project / Page ~ 00 pages • File No.: 00OO'()2-004S.2 WFD 070001 7. , Where a closed clamshell envirorunental bucket isrequired, it shallbe liftedslowly through the water, at a rateof 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 of MaintenanceIHolocene sediments. "Barge Overflow" is permitted forthe dredging ofPleistoeene sediments only. 10. Allbarges or scows usedto transport sediment shall be of solid hull construction or be sealed with concrete. -. I I, Thegunwales 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, Alldecant water holdingscows shall be water tight and of solid hull construction. 13, Decant water from this project may only bedischargedwithin thechannel from where the sediments originated, in close proximity to the dredging contract area. Discharge toanother receiving waterbody requires priorapproval from theDepartment, and may require a NewJersey DischargePollutant Elimination System/Discharge to Surface Water (NJDPESIDSW) permit, 14, All decant Water shall be held inthe decant holding scow a minimum of24 hoursafter the last addition of -') water tothe decant holding scow. Said water contained in the decant holding scow mayonly be discharge after thismandatory24 hour retention time. . , Should the contractorwish to reduce the required holding time, the contractor shall ) demonstrate that the reduced holding time is sufficient to meeta total suspended solids (TSS) background value of 30 mg/L, This TSS action levelis consistent with the ambient TSS results presented in the NY District study entitled "NY and NJ Harbor ) Deepening Project- TotalSuspended Solids(TSS) Monitoring,lnterim Report" (January 2006). The total suspended solids shall be determinedthrough gravimetric analysis. No discharge shall be permitted from the decant holdingscowuntil theresults of the gravimetric analysis have confirmed that the 30 mg/L background level has beeri achieved. No additional water shall be added to the decant holding scowbetween the time ofsample acquisition and discharge. Upon successful demonstration that the reduced holding time is sufficient to meetthe TSS background level of 30 mg/L,the monitoring of TSS may be suspended and the demonstrated settlingtimeshall replace the24 hour minimum. A successful demonstration of thereduced holding time efficiency shall be determined oncethree consecutive TSSanalyses haveconfirmed that the 30mgIL 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 saropling shall be submitted to the NIDEP 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 takento avoid re-suspending or pumping sediment which has settled in the decant holdingscow, 16. The dredging contractor shall complete and submit the attached Dewatering Formto the independent dredging inspector on a weekly basis aspartof the QualityControl Reportprovided to thepermittee. Said Dewatering Form shall be certified by theindependentdredging inspector that they havewitnessed the 8-48 0" • (" / -; ~ dewatering process during the preceding week. The permittee shall submit the completed Dewatering Form with appropriate certifications by fax to the Office of Dredging andSedimentTechnology for the preceding week. 17. The independent dredging inspector shall perform inspections of the dredging contract a minimum of twice per week using the attached WQl:; FieldInspector form. The permittee shall submit the.completed inspection forms to the NIDEP on at least a weekly basis. ( 18. REPORTING REQUIREMIDITS: At thecompletion of project, the permittee shall submit the following infonnation to the Department. This information shall be submitted within 60 days of months of completion ( of dredging. • start and finish date ofwork order(s) ( • Post-dredge hydrographic survey ( • Completed "Notice of Completion of Work" attached foreach work orderts), c Cable Iostallation c c 19. 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 of the federal channel. In the event that the permittee receives c federal authorization to bury thecableto a lesser depth at theedges of the federal navigation channel,that depth will be sufficient fortheappropriate areas. ~ 20. The permittee shall comply withthe monitoring requirements imposedin the document entitled "Suspended G SedimentlWater Quality Monitoring Plan" included as Appendix A of this document. All test results shall be forwarded to the Department upon receipt by the permittee. C 21. A signed and sealed post-dredging bathymetric survey shallbecompleted no more than 60 days afterremoval E: 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-dredgesurveys indicate thatthe areas of dredging have notrestored topre-dredge contours, theDepartment, iJ1 consultation with NMFS, may ® require the permittee to restore theseareas to the depths depicted in the pre-dredgebathymetric surveys or require further surveys tobe carried outaftersuch additional period oftime as the Department determines is required to assess restoration of the areas. Clean fill shall be used to raise the elevation of the dredge areas to pre- document entitled "Dredge Plan" dated July 10,2007 and providedbyEcology and Environment, lnc. The material is acceptable forplacement at the followingNew Jersey upland placement sites provided the following conditiODS are met: EnCap site This ADD authorizes a maximum of9,000 cyof material from thisproject foruse as PDM cap material consistent with the fill protocol approvals issued for the EnCap site onNovember 7, 2002 NoPDM from this contract shall bestockpiled at the Interim Stockpile Area (lSP) located on the Lyndhurst landfilL The designated contractor shall comply with all conditions specifiedinthe ADDs issued for the placement of processed dredged material (pDM) on the Avon, Lyndhurst and Rutherford Landfills dated -) January 17,2003, and dated Apn117, 2003 for the Kingsland Landfill. ) The designated contractor shall comply with all conditions relatingtoprocessed dredged material placement as specified in the Remedial Action Workplan approvalsand Closure Plan approvals issued for theAvon, Lyndhurst and Rutherford landfills dated September 18,2001, as modified on October 29, 2002, and all amendments thereto. The designated contractor shallcomply withall conditions specified inthe Closure Plan approval issued for theKingsland Landfill on January 27,2003 and all amendments thereto. 2. Thedesignated processing facility shaii comply with all conditions imposed in the Waterfront Development Permit/AcceptableUse Determination and any subsequent modifications or renewals thereto for the dredged material processing and/or off-loading facility. The identifiedprocessing facility shall comply with all conditions specified intheNJPDESIDSW permit issued to the facility, as applicable. 3. All trucks used to transport processed dredged material to the abovereferenced placement sites shall be tarped pursuant to the applicable Stale DOT requirements or applicable regulatory agency requirements. 4. Ifthepermittee elects to dispose/use the dredged material from this project at an alternate location, written authorization must be obtained from theOffice of Dredgingand Sediment Technology prior to thetransport ofany dredged material tosaidalternate disposal location. Any ternate disposal/use location must 0 btain all required state, local and federal penni fore the fficel would grant a modifica . n of is permit to transport dredged material t e ternate 10 tion.. B-50 Confidential Trade Secret Critical Infrastructure CROSS HUDSON PROJECT ENVIRONMENTAL MANAGEMENT AND CONSTRUCTION PLAN ATTACHMENT B-2 NYS Office of General Services Use and Occupancy Agreement 02:002398_CCI2_04-B23I1 B-S R_EMCP Hudson River Segn Confidential Trade Secret Critical Infrastructure Insert Attachment 8-2 (to be inserted when issued) 02.-002398_CCI2_04-B2311 B-53 R EMCP Hudson River Se"~nt.doc':2129108