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.