Amendment 0003_00 90 02 WQC Permit Attachement.pdf

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 4-9904-00001

PERMIT

Under the Environmental Conservation Law (ECL)

Permittee and Facility Information

Permit Issued To:

US DEPT OF THE ARMY

THE PENTAGON

WASHINGTON, DC 20310

Facility:

HUDSON RIVER NAVIGATIONAL CHANNEL

HUDSON RIVER - COUNTIES OF RENSSELAER,

ALBANY, COLUMBIA AND GREENE

MULTIPLE TOWNS ALONG HUDSON RIVER, NY

Facility Location: in SEVERAL COUNTIES in THIS REGION Facility Principal Reference Point: NYTM-E: 600.5 NYTM-N: 4699.1

Latitude: 42°26'15.8" Longitude: 73°46'41.1" Project Location: Hudson River (Reach 17-19: Port of Coeymans/Schodack Island State Park and downriver to Town of New Baltimore) Authorized Activity: This permit authorizes disturbances to the Class A Hudson River associated with the maintenance dredging and removal of approximately 64,000 cubic yards of sediment from Reach 17 through 19 of the federal navigational channel (Coeymans Dredge Area). The permittee will perform maintenance dredging within an approximately 68-acre area of the federal navigational channel to remove shoaling and restore it to the authorized depth of (-)32 feet with 1 foot of allowable overdepth. All work shall be completed in accordance with the approved plans and conditions referenced herein.

Permit Authorizations

Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 4-9904-00001/00018 New Permit Effective Date: 5/25/2022 Expiration Date: 7/30/2023

NYSDEC Approval

By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit.

Permit Administrator: PATRICIA M GABRIEL, Deputy Regional Permit Administrator Address: NYSDEC Region 4 Headquarters

1130 N Westcott Rd Schenectady, NY 12306

Authorized Signature: ______________________________________ Date _____/_____/_______

5 25 2022 pmgabrie PMG Sig

Permit Components

Facility DEC ID 4-9904-00001

NATURAL RESOURCE PERMIT CONDITIONS

WATER QUALITY CERTIFICATION SPECIFIC CONDITION

GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS

Permit Attachments

Project Location Map 3/15/2022 Site Plan 3/15/2022

NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: WATER QUALITY CERTIFICATION

1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application.

Such approved plans were prepared by the U.S. Army Corps of Engineers and received by the Department on March 15, 2022, with a draft Environmental Assessment dated March 2022.

2. Most Recent Plan Applies If there is a discrepancy in documents, the most recent document or plan takes precedence. If there is a discrepancy between these documents and any permit condition, the permit conditions take precedence.

Water Quality Standards: 6 NYCRR 608.9, Discharges Prohibited without certification.

Explanation: This condition is necessary to identify what discharges are authorized by the certification. Any discharge not identified on the referenced plans is prohibited.

3. Reporting of Spills All spills shall be reported through the NYS DEC Spills Hotline (1-800-457- 7362) in accordance with the regulations. Information on spills and cleanup that occur during this permit term shall be noted in the contractor's Daily Monitoring Records.

Water Quality Standards: 6 NYCRR Part 703.2 Explanation: This condition is necessary because any spill has the potential to violate the water quality standards for a specific parameter and must be reported.

4. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project.

5. Time of Year Restrictions All in-water work shall occur after September 1, 2022 and until November 30, 2022. Final site stabilization work at Houghtaling Island must be completed by the time of permit expiration on July 30, 2023.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Facility DEC ID 4-9904-00001

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards for turbidity, toxic materials, and other deleterious substances. 6 NYCRR 701: Classification of surface waters and identification of best usages.

Explanation: This condition is necessary to ensure that the discharge does not adversely impact water quality during sensitive fish spawning periods and contravene water quality standards or impair the waters best usages for fish propogation or fish survival.

6. Equipment Operation Dredging shall be done either hydraulically or mechanically with a closed environmental bucket. At all dredge sites, only equipment in good operating condition and appropriately designed to contain sediments shall be employed.

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards related to turbidity, suspended solids, and other deleterious substances. 7 NYCRR 703.5:

Water Quality Standards Surface Waters and Groundwater.

Explanation: This condition is necessary to ensure that equipment used will not contribute to a contravention of water quality standards, or long-term or permanent alteration of waters, beyond the scope of the authorized discharge.

7. Overflow Overflow shall be discharged only through the skimmers. The time of overflow shall not exceed a total of thirty (30) minutes for each dredging episode. A single episode is defined as all dredging which occurs between unloading of the dredge. Following the exhaustion of the 30-minute overflow period, the ship shall proceed to the disposal site and unload.

Water Quality Standards: 6 NYCRR 703.2. Narrative water quality standards related to turbidity, suspended solids, toxic substances, color, and other deleterious substances.

6 NYCRR 703.5 Water Quality Standards Surface Waters and Groundwater.

Explanation: This condition is necessary to ensure that the project does not violate water quality standards related to turbidity.

8. Side Slopes All side slopes of the dredged channel will have a maximum 1:3 slope.

Water Quality Standards: 6 NYCRR 703.2. Narrative water quality standards related to turbidity, suspended solids, toxic substances, color, and other deleterious substances.

Explanation: Slope sloughing can cause resuspension and could cause contravention of the narrative water quality standard for total suspended solids.

9. Minimize Turbidity Dredging operations shall not cause an increase in turbidity that results in a substantial visible contrast to natural conditions or the deposition of sediment.

Water Quality Standards: 6 NYCRR 703.2. Narrative water quality standards related to turbidity, suspended solids, toxic substances, color, and other deleterious substances.

Explanation: This condition is necessary to ensure that dewatering discharges are directed away from waters, or only reenter waters after adequate settling or filtering, and do not contravene the water quality standards.

10. Material Loss During Transport Loss of material during transport is prohibited.

Water Quality Standards: 6 NYCRR 703.2: Narrative water quality standards related to turbidity, suspended solids, and other deleterious substances.

Explanation: This condition is necessary to ensure that the project does not violate water quality standards related to turbidity.

11. Certified Laboratory All laboratory analyses required by this permit must be conducted by a laboratory certified by the New York State Department of Health.

12. Pumping of Dredged Material The dredge material shall be pumped directly from the barge to the disposal site. There shall be no wet dumping of the dredge material into the river or any associated water body.

Water Quality Standards: 6 NYCRR 703.2, Narrative Water Quality Standards related to turbidity, suspended solids, toxic substances, color, and other deleterious substances.

Explanation: This condition is necessary to ensure that dredging discharges are directed away from waters, or only reenter waters after adequate settling or filtering, and do not contravene the water quality standards.

13. Placement at Houghtaling Island Site The dredged material shall be placed in Area B of the Houghtaling Island disposal site.

Water Quality Standards: 6 NYCRR 703.2, Narrative Water Quality Standards related to turbidity, suspended solids, toxic substances, color, and other deleterious substances.

Explanation: This condition is necessary to ensure that dredging discharges are directed away from waters, or only reenter waters after adequate settling or filtering, and do not contravene the water quality standards.

14. Use of Flocculants Prior to the addition of a flocculent, the Permittee shall submit the Water Treatment Chemical (WTC) Notification Form and obtain Department approval for its use.

Water Quality Standards: 6 NYCRR 703.2, Narrative Water Quality Standards related to toxic substances or other deleterious substances.

Explanation: This condition is necessary to ensure that the permittee undertakes whatever additional measures are necessary, and not otherwise specified in the conditions of this permit, to prevent the contravention of water quality standards during implementation of the project.

15. General Monitoring The discharge from the disposal site on Houghtaling Island shall conform to the return water discharge monitoring requirements specified in the Discharge Monitoring Special Condition and be sampled and tested in accordance with Tables 1a: Initial Return Water Monitoring and Reporting Requirements (or Table 1b if approved per Condition titled "Continuing Return Water Monitoring and Reporting Requirements") specified in the Special Conditions within this permit. The Total Suspended Solids (TSS) concentration and turbidity in the discharge from the disposal site at Houghtaling Island shall be limited to 200 mg/l TSS and 250 NTU, respectively. Daily monitoring records shall be maintained to record the results of all monitoring and other operational notes including, but not limited to, daily start and finish times of off-loading of the ship and start and finish times of discharge from the disposal site.

Water Quality Standards: 6 NYCRR 703.2 and 6 NYCRR 703.5 Explanation: This condition is necessary to ensure that the permittee undertakes whatever additional measures are necessary, and not otherwise specified in the conditions of this permit, to prevent the contravention of water quality standards during implementation of the project.

16. Corrective Action If two consecutive monitoring results of the effluent discharge from the outfall for the disposal area on Houghtaling Island exceed the 200 mg/l suspended solids limit or the 250 NTU turbidity limit or the 0.2 ug/l per aroclor PCB limit, the permittee shall take immediate corrective actions to restore the discharge to acceptable levels and report the exceedance and the corrective actions to the NYS DEC. If corrective actions do not bring the effluent into compliance within 48 hours, then the permittee shall cease discharge and present a plan to the NYS DEC for approval prior to resuming the discharge.

Communications shall be faxed or emailed to the NYSDEC Region 4 Regional Permit Administrator (r4dep@dec.ny.gov) during dredging and operations at the disposal site. All communications shall be addressed to: NYS Department of Environmental Conservation, Regional Permit Administrator, 1130 North Westcott Road, Schenectady, NY 12306.

Water Quality Standards: 6 NYCRR 703.2 and 6 NYCRR 703.5 Explanation: This condition is necessary to ensure that the permittee undertakes whatever additional measures are necessary, and not otherwise specified in the conditions of this permit, to prevent the contravention of water quality standards during implementation of the project.

17. Operational Controls Operational controls shall be implemented if Total Suspended Solids or PCB limit is not met in the effluent from the disposal site. Additional engineering controls can include, but are not limited to, the following: controlling the flow rate, increasing the detention time, and/or use of chemical additives to accelerate solids settling.

Water Quality Standards: 6 NYCRR 703.2 and 6 NYCRR 703.5, as above.

Explanation: As above.

18. Reporting All analytical results shall be transmitted by fax or email within 48 hours of sample collection. The Permittee will highlight any exceedances of the 200 mg/l limit for suspended solids or the 250 NTU limit for turbidity. The Permittee will include a description of the exceedance, its cause, correlation to the other parameters reported for that day and time, and identify the corrective actions that were taken.

Water Quality Standards: 6 NYCRR 703.2 and 6 NYCRR 703.5, as above.

Explanation: As above.

19. Final Report Within 30 days of completion of the dredging operation, the Permittee shall submit two copies of a report summarizing the results of monitoring and analyses. The report shall include a copy of the Daily Monitoring Records and shall be submitted to the Region 4 Regional Permit Administrator at r4dep@dec.ny.gov.

Water Quality Standards: 6 NYCRR 703.2 and 6 NYCRR 703.5, as above.

Explanation: As above.

20. Return Water Monitoring and Reporting Requirements The disposal site return water monitoring and reporting requirements during the first 48 hours of return water flow during placement of dredged material are summarized in Table 1a: Initial Return Water Monitoring and Reporting Requirements, which appears below. If upon review by the NYSDEC, this initial sampling data shows compliance with the return water discharge requirements, a reduction in the monitoring program as defined below in Table 1b: Continuing Return Water Monitoring and Reporting Requirements may be requested by the permittee for approval by the NYSDEC. If DEC grants written permission to sample as per Table 1b and any single exceedance of any parameter (including the 0.2 ug/l PCB "stop work" concentration) occurs at any time during the project, the applicant shall resume complying with the initial monitoring requirements in Table 1a.

Water Quality Standards: 6 NYCRR 703.2 and 6 NYCRR 703.5, as above.

Explanation: As above.

21. Table 1a - Initial Return Water Monitoring And Reporting Requirements

Parameter Daily Units Sample Frequency Sample Method pH 6.5 (minimum)

8.5 (maximum) SU 3/week grab

Turbidity (meter) (2) 250 NTU Report every 4 hours while discharging

Turbidity (laboratory) (2)

250 NTU 1 sample every 4 hours while discharging grab USEPA 180.1

Total Suspended Solids (2)

200 mg/l 1 sample every 4 hours while discharging grab Standard Methods 2540D

PCB 0.2 per aroclor ug/l 1 sample per day while discharging grab USEPA 608

Turbidity Visual Observation

Monitor 1 sample per hour while discharging grab

Oil and Grease 15 mg/l 1 sample per week grab

Notes: (1) The NYS DEC will evaluate the monitoring program after the first 2 days of discharge operation.

(2) Refer to Corrective Action Condition.

22. Table 1B - Continuing Return Water Monitoring and Reporting Requirements

Parameter Daily Maximum

Units Sample Frequency Sample Type

Method pH 6.5(minimum) 8.5(maximum)

SU 3/week grab

Turbidity (meter) 250 NTU Report every 4 hours while discharging

Turbidity (laboratory)

250 NTU Daily while discharging grab USEPA 180.1

Total Suspended Solids (1)

200 mg/l Daily while discharging grab Standard Methods 2540D

PCB (2) 0.2 per aroclor ug/l 1 sample per week while discharging grab USEPA 608

Turbidity Visual Observation

Monitor 1 sample per hour while discharging grab

Oil and Grease 15 mg/l 1sample per week grab

Notes (1) Refer to Corrective Action Condition. (2) After one exceedance of the PCB limit, PCB monitoring shall revert to once per day. This condition only applies while dredging the material at R14/15-3 and north to the Castleton Bridge.

No PCB effluent monitoring is required while dredging the other material.

23. Discharge Monitoring Return water monitoring at the weir is to commence upon discharge.

Concentrations of parameters shall conform to the discharge concentration requirements outlined in Table 1a: Initial Return Water Monitoring and Reporting Requirements (or Table 1b if approved).

Water Quality Standards: 6 NYCRR 703.2 and 6 NYCRR 703.5, as above.

Explanation: As above.

24. Weir Discharge All return water from the disposal site at Houghtaling Island shall be discharged to the Hudson River only over the discharge weir at B3.

Water Quality Standards: 6 NYCRR 703.2 and 6 NYCRR 703.5, as above.

Explanation: As above.

25. Disturbance of Disposal Site When disposing of sediment in the cell labeled B, diffusers, splash pads or any other appropriate equipment shall be installed in locations of outlet pipes with the purpose of minimizing scour and prevent disturbance of the existing contaminated material.

Water Quality Standards: 6 NYCRR 703.5 Explanation: The site is contaminated with PCB’s that could be resuspended and discharged over the weir, so this condition is necessary to ensure the permittee undertakes whatever measures are necessary to prevent the contravention of water quality standards.

26. Disturbance of Disposal Site - Containment Dikes Existing soil/sediment contained within the interior of the designated dredge material placement site at the cell labeled B is contaminated with PCB and shall not be disturbed during site preparation or used in the construction or rehabilitation of containment dikes. Material used to build or top containment dikes shall be approved for use.

Water Quality Standards: 6 NYCRR 703.5 Explanation: The site is contaminated with PCB’s that could be remobilized, resuspended, and discharged over the weir. This condition is necessary to ensure the permittee undertakes whatever measures are necessary to prevent the contravention of water quality standards.

27. Ponding The minimum ponding depth over the design storage surface area shall be 2 feet, except during the initial development and decanting of the pond(s). Ponding depth shall be maximized to maximize retention times and effective settling.

28. Dust Suppression If disturbance of the dried, previously placed material from the Coeymans/Kingston reach occurs at any time, dust suppression measures shall be implemented to minimize particulate migration. If dust becomes a concern, particulate monitoring and control will be required. With the exception of volatile organic compounds, such monitoring shall conform to the NYS Department of Health Generic Community Air Monitoring Plan.

Water Quality Standards: 6 NYCRR 703.5 Explanation: The site is contaminated with PCB’s that could be remobilized, resuspended, and discharged over the weir.

29. Restricted Area The Kingston cells will be considered a restricted area and will be delineated on the as-built and topographic maps of the Houghtaling Island site which are permanently on file at the Albany Field Office. All future mapping will show this area as restricted and prohibit any disturbance or activity within the restricted area. Any proposed activity within this area will undergo State and Federal review as prescribed by applicable State and Federal law including 401 Water Quality Certification, as applicable. Interim stabilization of the site will include covering with clean material (from Germantown) and seeding. Upon determination by the USACE that the restricted area of Site U-3A has no useful additional purpose or value for maintenance dredging mission activities, USACE will develop and implement a final closure plan in accordance with the applicable State and Federal laws including 401 Water Quality Certification, as applicable.

Water Quality Standards: 6 NYCRR 703.5 Explanation: The site is contaminated with PCB’s that could be remobilized, resuspended, and discharged over the weir.

WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS

1. Water Quality Certification The authorized project, as conditioned pursuant to the Certificate, complies with Section 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act, as amended and as implemented by the limitations, standards, and criteria of state statutory and regulatory requirements set forth in 6 NYCRR Section 608.9(a). The authorized project, as conditioned, will also comply with applicable New York State water quality standards, including but not limited to effluent limitations, best usages and thermal discharge criteria, as applicable, as set forth in 6 NYCRR Parts 701, 702, 703, and 704.

GENERAL CONDITIONS - Apply to ALL Authorized Permits:

1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3).

The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department.

A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit.

2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination.

3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires.

Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to:

Regional Permit Administrator NYSDEC Region 4 Headquarters 1130 N Westcott Rd Schenectady, NY 12306

4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Water Quality Certification.

5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include:

a. materially false or inaccurate statements in the permit application or supporting papers;

b. failure by the permittee to comply with any terms or conditions of the permit;

c. exceeding the scope of the project as described in the permit application;

d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit;

e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity.

6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership.

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS

The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee’s undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws.

Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification

Item B: Permittee's Contractors to Comply with Permit

The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.

Item C: Permittee Responsible for Obtaining Other Required Permits

The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit.

Item D: No Right to Trespass or Interfere with Riparian Rights

This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit.

Placement Site U-3A River Mile 130

ENCLOSURE 1

LOCATION MAP OF

PROPOSED DREDGE AREA

AND

PLACEMENT SITE

(Not to Scale)

Coeymans Dredge Area River Mile 132

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Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

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© OpenStreetMap (and) contributors, CC-BY-SA µ 0 1,900 3,800 5,700950

Feet

Coeymans Dredge Area

Sediment core samples were collected on July 14-15 and July 20-21, 2021. All cores were extended to a minimum depth of 33 feet below the project datum of mean low water.

Enclosure 2 Coeymans Dredge Area Sample Locations

Hudson River, NY

Due to high concentrations of PCB in the contained underlying sediment; excavation in this area is strictly prohibited

Approximate location of effluent pipeline

Approximate location of effluent pipeline

Existing Influent Pipeline Corridor

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AREA B

Sc ho da ck

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BB

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Enclosure 3

Upland Placement Site U-3A

Houghtaling Island

Hudson River, NY

(Not to Scale)