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Army Corps of Engineers' Public Hearing

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ARMY CORPS OF ENGINEERS' PUBLIC HEARING RE: FERRY REFUELING/MAINTENANCE PERMIT AT UNION DRY DOCK SITE Wednesday, July 18, 2018 6:00 p.m. - 9:33 p.m. DeBaun Auditorium Stevens Institute of Technology 24 Fifth Street, Hoboken, New Jersey Reported by: Susan Petty LEX #136739 2 1 A p p e a r a n c e s: 2 U.S. ARMY CORPS OF ENGINEERS: 3 4 LTC RICHARD GUSSENHOVEN - Deputy District Engineer Presiding Officer 5 6 STEPHAN RYBA - Chief, Regulatory Branch Alternate Presiding Officer 7 8 MIA LOGAN, ESQ. - Assistant District Counsel 9 JIM CANNON - Regulatory Branch 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 P R O C E E D I N G S 2 MR. GUSSENHOVEN: Ladies and Gentlemen, if 3 everyone would please come in so that we can call 4 this meeting to order. Thank you very much. 5 Good evening, Ladies and Gentlemen. I am 6 Lieutenant Colonel Richard B. Gussenhoven of the New 7 York District of the U.S. Army Corps of Engineers. 8 I will presiding be the presiding officer for 9 this public hearing on behalf of the Corps of 10 Engineers today. 11 Seated at the far right with me today is 12 Mr. Stephen A. Ryba, Chief of the District Regulatory 13 Branch. 14 To my immediate right is Ms. Mia J. Logan, 15 Assistant District Counsel. 16 We are here this evening to obtain information 17 and evidence and/or receive public comments to assist 18 in the regulatory review of a permit application by 19 Port Imperial Ferry Corporation d/b/a New York 20 Waterway. 21 The applicant proposes to repair existing pier 22 structures and permanently moor floating maintenance 23 and repair barges within the Hudson River at the 24 former Union Dry Dock facility in the City of 25 Hoboken, New Jersey. 4 1 This action will allow Port Imperial Ferry 2 Corp., d/b/a New York Waterway to relocate their 3 existing maintenance and support facility from the 4 Borough of Weehawken to the City of Hoboken. 5 The permit applicant's stated purpose for the 6 work is to prepare the former Union Dry Dock facility 7 to accommodate the New York Waterway's existing 8 marine ferry vessel maintenance and support facility 9 currently located in Weehawken, New Jersey. 10 Because the project proposes the installation 11 of structures within a navigable waters of the United 12 States, a permit is required from the Corps of 13 Engineers pursuant to the Section 10 of the Rivers 14 and Harbors Act of 1899. 15 The Corps of Engineers is neither a proponent 16 for nor an opponent of the proposed project. 17 Our role is to determine whether this project 18 is in the overall public interest. 19 This hearing will play an important part in 20 that determination. 21 This hearing will be conducted according to the 22 procedures set forth in Title 33 of the Code of 23 Federal Regulations, Part 327. 24 At this time I would like to explain the 25 procedures that will govern the conduct for this 5 1 public hearing. 2 Anyone may make an oral or written statement 3 concerning the subject matter of this hearing. 4 Anyone may appear on his or her own behalf or 5 be represented by counsel or other representatives to 6 present recommendations for information. 7 As presiding hearing officer, I will not 8 respond or reply to comments expressed by speakers 9 during the hearing regarding any aspect of the 10 project proposal, including project alternatives, 11 past dues of the proposed project facility, and 12 environmental risks. Cross examination of witnesses 13 will not be permitted. 14 Procedurally, Mr. Steven Ryba, my regulatory 15 branch chief, will call the names of those 16 individuals who have registered and asked for an 17 opportunity to speak. 18 I ask that you step up to and speak into the 19 microphone so that everyone, including the 20 stenographer, can hear you. 21 We request that you begin your presentation by 22 stating your name and indicating your affiliation 23 with an organization or group, if any, so that we may 24 also have that information in our administrative 25 record. 6 1 It is important to everyone, whatever your 2 opinion is on this matter, that this hearing be 3 conducted in an orderly manner. 4 Because of this, I must ask that speakers keep 5 their presentations to three minutes or less. 6 If you have a longer presentation, please 7 submit it in writing and summarize it orally. 8 Written statements that you would like to 9 submit for the record today should be presented 10 directly to the Base or to the registration table at 11 the entrance of the auditorium. 12 Time permitting, we look to provide an 13 opportunity for rebuttal to the applicant, and any 14 person who wants to do so after all speakers have 15 been heard. 16 Mr. Ryba has the registration forms that you 17 have completed and will call for each speaker by name 18 in the order listed in our public notice. 19 A verbatim written record of this public 20 hearing is being made. The hearing transcript will 21 be available for purchase from the Corps of Engineers 22 at the cost of reproduction. 23 The cost of a copy will correspond directly to 24 the number of pages enclosed within the transcript. 25 Everyone who has completed one of the 7 1 registration forms at entrance to the auditorium will 2 be contacted by the Corps of Engineers in writing 3 when the transcripts are available. 4 Written comments can be handed to the Corps of 5 Engineers' staff at the registration table. 6 Again, if you wish to speak this evening, you 7 must fill out one of the registration forms that is 8 available at the registration table outside the 9 auditorium. 10 The comments made here plus all submitted 11 written information will be used to evaluate the 12 probable impact, including cumulative impact and 13 proposed activity on the public interest. 14 The ultimate decision on the submitted 15 application will reflect the national concern for 16 both the protection and the utilization of the 17 important resources. 18 As a last bit of administrative information, I 19 remind everyone that smoking, eating, or drinking is 20 not allowed within the hearing room. 21 Now before we begin taking your public 22 comments, I would like to introduce Mr. Neil Yoskin 23 of Cullen and Dykman, LLP, an attorney representing 24 the applicant, who will provide a short description 25 of the project proposal. 8 1 MR. YOSKIN: Good evening. My name is Neil 2 Yoskin. And as the Colonel explained, I'm an 3 attorney and I represent the New York Waterway. 4 The Corps has asked that we briefly describe 5 the application and the proposed activities that are 6 the subject of the public hearing. 7 We have also been asked to adhere to the same 8 three-minute time limit that the rest of the audience 9 will be adhering to. 10 Waterways is the largest privately-owned 11 commuter carrier ferry operator in the country. It 12 transports nearly 30,000 riders daily to and from 16 13 locations in and around New York Harbor, including 14 two locations in Hoboken. 15 Its fleet of 33 ferries carry over 8.5 million 16 passengers annually. Waterway has for the past 17 20 years fueled and service its ferry from this 18 facility in Weehawken. However, that facility has a 19 very limited upland acreage and Waterway's lease with 20 the property owner has expired and necessitated a 21 move. 22 Waterway's proposed use of the Union Dry Dock 23 property represents a continuation of 24 maritime-related use that began more than one hundred 25 years ago. 9 1 The facility, which includes three piers and a 2 dredge basin, is perfectly adapted for use as a 3 marine support facility and its location in the 4 center of Waterways route system is ideal. 5 There's an illustration on the route system 6 here on the far right and another one out in the 7 lobby. 8 The activities for which a Section 10 permit is 9 required includes a permanent mooring of a 72-foot by 10 243 travel lift barge and a 33-foot by 120-foot shop 11 barge; both of which are currently used at the 12 Weehawken facility. 13 The current plan calls for the travel lift 14 barge to be moored between Piers 1 and 2; Pier 1 is 15 the northern-most pier. And for the shop barge to be 16 moored to the south, Pier 3. 17 Other Corps regulated activities include the 18 installation of eight steel piles that will hold the 19 two barges in place, and the eventual removal and 20 replacement of up to 102 damaged fender piles. 21 Although not regulated by the Corps, other 22 improvements to the property will include general 23 cleanup, the planting and enhanced vegetative screen 24 around the perimeter and upgrades to the multipurpose 25 walkway that runs along the western edge of the 10 1 facility. 2 Addition details in the application include 3 mooring for space for 20 vessels. As explained in 4 the application material, we anticipate ten vessels 5 at any one time will use the facility.
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