1993-00490_1993-00490_369.pdf

DIGITIZATION FILE COVER SHEET

Clearly Print Each Field on Form

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DEPARTMENT OF THE ARMY PERMIT

Permittee_......:..:..Ne~w::....-Y~o::...:.r-"k'--"'C....Lj-""tJ-y....Jpt£le"'-fP .... a ... r ..... t""ment of Envi ronmenta 1 Protection, 39-17 Elmhurst, New York 11373-5107

Permit No._....;;;,1.;;;,.;99;;,.;;3"""0....;;;,0...:..;49:...,;;0'--____ (Telephone Number: (718)595-6565)

Junction Blvd., lssuingOffice New York District Corps of Engineers (Public Notice Number: 14527-93-00490-Y2)

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted 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 terms and conditions specified below.

Project Description:

Install approximately 5,000 linear feet of 24-inch diameter subaqueous water main by horizontal directional drilling to a maximum depth of 100 feet below mean low water.

There will be a minimum of 15 feet of clearance below the authorized dredging depth of the federal navigational channel in the East River. Approximately 600 cubic yards of excavated material from the drilling process will be transported to an upland disposal site where it will be suitably retained to prevent its reentry into the waterway. All work will be performed in accordance with the attached drawing.

Project Location:

Permit Conditions:

IN: East Ri ver

AT: Between Rikers Island and Hunts POint, Boroughs of Queens and Bronx, Queens and Bronx Counties, New York

General Conditions:

1. The time limit for completing the work authorized ends on _....;;;.D....;;e....;;c....;;e;,;,;m.;,;;b....;;e;;.,;r_l;;.,;7-<.,' _1_9_9_6 __ . 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 condi tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 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 coordina tion 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.

ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

1145-2-303b (East River, NYC Department of Environmental Protection - Water Main)

4. 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 conditioned water quality certification has been wsued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con-tains ~'uch conditions. '

6. yo~ must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is ~e~ng or has been accomplished in accordance with the terms and conditions of your permit.

Special Conditions:

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

'00 Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).

( ) Section 404 of the Clean Water Act (33 U.S.C. 1344).

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 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 unpermitted activities or from natural causes.

h. 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 unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

0\. . , ..

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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 time 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 terms and conditions of your 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 you fail to comply with such directive, this office may in certain situations (such as those 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 completion of the activity authorized by this permit. Unless there are circumstances requiring 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 perm' x /?

(PERMITTEE)

NEW YORK CITY

e, indicates that you accept and agree to comply with the terms and conditions of this permit.

(DATE)

DEPARTMENT OF ENVIRONMENTAL PROTECTION

This per . official, designated to act for the Secretary of the Army, has signed below.

x December 17, 1993

. .JDISTR!P

~JtO;t: 8.n1.6

(DATE)

Thomas A. York Colonel, Corps of Engineers

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 liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.

(TRANSFEREE) (DATE)

3 "'u.s. GOVERNMENT PRINTING OFFICE: 1988 - 717·425

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24" SUBAQEOUS WATER MAIN,

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NOTES:

I. PURPOSE: MUNICIPAL WATER.SUPPLY

2. M. S. L. DATUM IS USED

3. M. L. W. n. -3.00

AOJt.C::~JT PROPEf\iY OWNERS:

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DRAWH BY: A.S.

CHECKE{) BY: A.K.

PROPOSED 24-INCH DIA. SUBAQEOUS

WATER MAIN CROSSING EAST RIVER

TO Rlt<ER'S ISLAND

BOROUGH OF THE BRONX

APPLICATION BY Ti-iE BUREAU OF WATER SUF.'PLY AND WASTEWATER COLLECTIOi~, NEW YORK CITY fd,.~L~_P,E, DiPUTrDIREqOR SHEET I OF I

48674-Z

~~ Ea·', ~~'\ /, / .PUBLIC NOTlcf " I .1. I ,\\ \. y (/

• ~- -j' \{\y In replying rerer to :

~ - '<' Public Notice Number:

US Army Corps. ¥r_r Issue Date:

of Engineers r 1) ~'11 W Expiration Date:

New York District '\ ' Jacob K. Javits Federal Building .

New York, N.Y. 10278-0090 ATTN: RegulatoJ Branch

To Whom It May Concern:

93-00490-Y2 May 25, 1993 June 25, 1993

The New York District, Corps of Engineers has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).

APPLICANT: NYC Department of Environmental Protection 59-17 Junction Blvd.

Elmhurst, N.Y. 11373-5107

ACTIVITY: Install a subaqueous water main and dispose excavated material upland

WATERWAY: East River

LOCATION: Between Rikers Island and Hunts Point, Boroughs of Queens and Bronx, Queens and Bronx Counties, New York

A detailed description and plans of th~ applicant's activity are enclosed to assist in your review.

The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and in general, the needs and welfare of the people.

The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian

CENAN-OP-RE

PUBLIC NOTICE NO. 93-00490-Y2

Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.

Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE

PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE

EXPIRATION DATE OF THIS NOTICE; otherwise, it will be presumed that there are no objections to the activity.

Any person may request, in writing, before this public notice expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, with particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing.

Pursuant to Section 7 of the Endangered Species Act (16 U.S.C. 1531) and based upon a review of the latest published version of the threatened and endangered species listing, a preliminary determination is that the activity under consideration will not affect Federally endangered or threatened species or their critical habitat.

Based upon a review of the properties listed or eligible for listing in the latest available version of the National Register of Historic Places, there appears to be no sites included in the Register within the permit area. Presently unknown archaeological, scientific, pre-historic or historical data may be lost by work accomplished under the required permit.

Pursuant to Section 307(c) of the Coastal Zone Management Act of 1972 as amended [16 U.S.C. 1456(c)], for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with, and will be

PUBLIC NOTICE NO. 93-00490-Y2

WORK DESCRIPTION

The applicant, the NYC Department of Environmental Protection, has requested Department of the Army authorization to install a 24-inch diameter subaqueous water main crossing the East River, between Rikers Island and Hunts Point, Boroughs of Queens and the Bronx, Queens and Bronx Counties, New York.

The proposed work would involve the installation of approximately 5000 linear feet of 24-inch diameter subaqueous water main by horizontal directional dr£lling to a maximum depth of 100 feet below mean low water. The pipeline would be installed at least 15 feet below the authorized dredging depth of the Federal Navigation Channel in the East River. Approximately 600 cubic yards of excavated material from the drilling process would be transported to an upland disposal site.

The stated purpose of the proposed work is to provide a municipal water supply.

CENAN-OP-RE 20 July 1993

MEMORANDUM FOR THE RECORD

SUBJECT: Statement of Findings for Application Number 93-00490- Y2 by the NYC Department of Environmental Protection

1. On 15 April 1993, this office received an application for a Department of the Army permit from the NYC Department of Environmental Protection. The application requested approval to install approximately 5000 linear feet of 24-inch diameter subaqueous water main by horizontal directional drilling to a maximum depth of 100 feet below mean low water. There would be a minimum of 15 feet of clearance below the authorized dredging depth of the Federal Navigation Channel in the East River.

Approximately 600 cubic yards of excavated material from the drilling process would be transported to an upland disposal site.

The stated purpose of the proposed work is to provide a municipal water supply. The project site is between Rikers Island and Hunts Point, East River, Boroughs of the Queens and Bronx, Queens and Bronx Counties, New York.

2. Regulatory Authority: The application was submitted pursuant to Section 10 of the Rivers and Harbors Act of 1899.

3. Complete Application: The application was complete for processing on 12 May 1993.

4. Public Notice: Public notice number 93-00490-Y2, describing the proposed activity was published on 25 May 1993 for a 30-day comment period. Copies of the public notice were mailed to the adjacent property owners as supplied by the applicant, to interested members of the public, and to Federal, state and local officials or agencies included in our computerized public notice mailing list for the East River.

5. Public Hearing: The district did not receive any requests for a public hearing on the subject application, nor is a public hearing needed for this permit decision.

6. Responses to Public Notice: By letter dated 10 June 1993, the Deputy Commissioner of Historic Preservation of the State of New York indicated that the proposed work would have no effect upon any resources listed or eligible for inclusion in the National Register of Historic Places.

7. Federal Review Agencies' Comments: At the Federal Interagency Coordination meeting held on 15 June 1993, the US Environmental Protection Agency and the US Fish and Wildlife Service stated they had no objections to the proposed work and did not oppose permit issuance. The National Marine Fisheries Service (NMFS) expressed concern that the project may affect sea turtles or

SUBJECT: Statement of Findings for Application Number 93-00490- Y2 by the NYC Department of Environmental Protection their habitat. They stated that a letter regarding whether the subject proposal would affect threatened or endangered species or their critical habitat would be forthcoming.

In a 22 June 1993 letter by Mr. Michael Ludwig, Fishery Biologist, NMFS stated that since the water main installation would be isolated from the water column and inhabited sediment horizons, there should be no adverse impact on marine resources and unless modified, further consultation pursuant to Section 7 of the Endangered Species Act would not be necessary.

8. Navigation Impacts: In a 1 June 1993 transmittal, CENAN-OP-N stated they did not object to the proposal since there would be sufficient clearance below the authorized dredging depth of the Federal Navigation Channel in the East River.

9. State and Local Approvals: As of this date, applications for the subject proposal are pending with the New York State Department of Environmental Conservation and the New York City Department of Business Services. However, in accordance with 33 CFR 320.4(j) (1), issuance of a DA Permit will not normally be delayed pending state and/or local authorization.

10. Water Quality Certification: The proposed activity does not include a discharge of dredged or fill material into waters of the United States and therefore a water quality certificate or waiver is not required for this decision.

11. Coastal Zone Management Concurrence: By letter dated 9 July 1993, the New York State Department of State concurred that the subject proposal is consistent with the Coastal Zone Management Program of the State of New York.

12. The enclosed environmental assessment has been prepared in accordance with the policy and procedures set forth in the rules governing the regulatory program of the Corps of Engineers, 33 CFR Part 320 et. seq., and the policies and procedures for implementation of the National Environmental Policy Act at 33 CFR

230. The environmental assessment concludes that the proposed activity will not have a significant adverse effect on the quality of the human environment and as such an environmental impact statement need not be prepared for this permit decision.

13. As specified at 33 CFR Part 320.4(a) (2), the following general criteria will be considered in the evaluation of every application:

SUBJECT: Statement of Findings for Application Number 93-00490- Y2 by the NYC Department of Environmental Protection

a. Private and public need for the proposed activity: The proposed work would provide a municipal water supply to the public. Adequate water supplies are of importance to the public, and the proposed work would not conflict with this.

b. Appropriate Alternatives: There are no unresolved conflicts regarding the proposal. Modifying or prohibiting the proposed activity does not appear necessary.

c. Extent and permanence of the beneficial and/or detrimental effects which the proposed activity may have on the private and public uses to which the area is suited: Detrimental effects are expected to be negligible. Long-term beneficial effects in terms of municipal water supply to the public is expected to result from the proposal.

14. As specified at 33 CFR 320.4(a) (1), the subject application has been evaluated in light of the probable impact including cumulative impacts of the proposed activity and its intended use upon them. This evaluation reflects the national concern for both the protection and utilization of important resources. It includes all factors relevant to the proposal including the cumulative effects thereof: among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs and in general, the needs and welfare of the people.

15. Based upon the foregoing analysis, a review of the administrative record and after a weighing of all relevant to the application, it is concluded that the public interest to issue a Department of the army subject applicant to perform the work described .

of this statement of findings.

Prepared by:

Reviewed

Approved

Enclosure (EA) Branch

U.S. BULKHEAD ~ U.S: PIERHEAD . . . .. L ". - U.S. PI.ERHEAD 6·

LlNEl IN~E... FEDERAL NAVIGATION ,aULKHEAD

. CHANNEL ., ~LlNES

EXIST. I I- - 1000' ,

SURFACE- I I ,. "I

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APPROX. EXISTING BOTTOM

OF EAST RIVER

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24 SUBAQEOUS WATER MAIN·

<1 100'200 300FT

VERTICAL. ~F~$;;;;F;' ~! ~(

o 250 500FT HORIZONTAl. 10 ! ~

NOTES:

I. PURPOSE; MUNICIPAL WATER.SUPPLY

2. M. S. L. DATUM IS USED

3. M. L. W. EL. -3.00

AOJAC::NT PROPEHTY OWNERS:

CD N.Y.C. O.O.C.

® N:(.C. D.O. S.

DRAWN BY; A.5.

CHECKED BY: A.K.

SCALE

PROFILE

::J'

SCALE

250 o 250 SCOFt

PROPOSED 24-INCH DIA. SUBAQEOUS

WATER MAIN CROSSING EAST RIVER

TO RIKER'S ISLAND

BOROUGH OF THE BRONX

APPLICATION BY THE BUREAU OF WATER SUpPLY

AND WASTEWATER COLLECTION, NEW YORK CITY

SHEET I OF I

48674-Z

·ENVIRONMENTAL ASSESSMENT

.APPLICATION NO.: 93- oO/j~ 0 - y 2

APPLICANT: p,/C j)EPT, OJ: E./Vv/4. ,P~OTEC1/0j-/

A. PRELIMINARY REVIEW

1.

There are no known properties within the permit area that are either listed in or eligible for listing in the National Register of Historic Places.

[] The following properties located within the permit area are· either listed in or eligible for listing in the National Register:

Note: Attach additional documentation as required

Based on the review of available data the proposed action will not affect a species propo'sed or designated by the U.S. Department of the Interior as threatened or endangered nor will it affect the critical habitat of such a species.

[] The proposed action will have an effect on a species proposed or designated as threatened or endangered

Species: _______________ ----' ______ _

Evidence of consultation pursuant to Section 7 of the Endangered Species Act is attached.

lid and Scenic Rivers *

The proposed, activity will not involve a, national wild or scenic river system listed in the current nationwide inventory.

[] The proposed activity is located on a national wild or scenic river listed in the current nationwide inventory; no adverse impacts are anticipated (a paragraph must be added to the public notice indicating that an inventory river is involved and the reasons supporting the preliminary finding of no adverse effect).

[] The proposed action will adversely affect an inventory river. Add paragraph to public notice and follow coordination procedures required by Executive Order 11514.'

* Refer to P. 59191-59192 of the 8 September 1980 Federal Register for guidance nctuaries and Wildlife Refu es

The proposed action will not take place in a marine sanctuary as established by the Secretary of Commerce under the Authority of the Marine Research and Sanctuaries Act of 1972, as amended, or in a National Wildlife Refuge.

[] The proposed action will take place in a designated marine sanctuary. The views of the Secretary of Commerce regarding consistency with Title III of the Marine Protection, Research and Sanctuaries Act of 1972 must be obtained.

[] The proposed action will take place in a National Wildlife Refuge. 'The views of the Secretary of Commerce regarding consistency with Title III of the Marine Protection, Research and Sanctuaries Act of 1972 must be obtained.

5. Special Aquatic Sites

6.

[] The activity. subject to regulation will occur in a-special aquatic site (check appropriate type)

] Sanctuary and Refuge

] Wetlands

] Mudflats

] Vegetated Shallows

[ ] Riffle and Pool Complexes

[~e activity subject to regulation does not appear to be in a special aquatic area.

[] An EIS has been prepared by another agency on a larger action which includes this proposal

Agency ____________________________________________________ ___

Date FEIS filed with EPA

Preliminary Eval uation by: c------:--,.L~#----I-.,t------- Date: ~h Positi on: _______ =---£.. __ ~'_L_L_.:.:.......==_==_.L._ __ _

Preliminary Review by: Date: _______ _

Positi on: -~-If--------~---=-:..-.-------

B. SUPPORTING INFORMATION

1.

No field inspection was performed.

[] A field inspection was conducted by

______________________________ on ____________________________ _

2. Water Quality Certification

Water,.Qw'Ilit\l Certification for--the work re."Qulated by Department of the Army permit was dssued/v.r :ved) on , .... ~- - ~ , -by the following agency: _

[] N,ew Jersey State Department of Environmental-Protection & Energy

[ -1 New York State Department of Environmental Conservation

[ ~onnecticut State Department of Environmental Protection

[C{ Water Quality Certification for the work regulated by Department of the Army permit is not applicable.

3. Coastal Zone Management

[ ] Certification of Consistency ~th established Coastal Zone Plan was (issued/denied/waived) on :2. 7(./.(-1 '7 ~ by:

r:..new York

[] New Jersey

[] Certification of Consistency subject to the fol/owing conditions: ________ __

[ ] Certification of Consistency with established Coastal Zone not applicable.

C. Individual and Cumulative Impacts of the Proposed Action on the Public Interest:

SHORT TERM IMPACT - X

LONG TERM IMPACT - 0

Increasing Beneficial Impact

Magnitude of Probable Impact *

No Appreciable

Effect Increasing Adverse

. Impact

NO. Public Interset Factor ./ 1 Conservation of Natural Resources - ~L 2 Economics : ~./' 3 Aesthetics _~L 4 General Environmental Concerns V ./' 5 Cultural Values ~ 6 Fish and wildlife Values ~ 7 Flood Hazards(.LL"

8 Flood Plain Values j /' L ~ I~~------------~~~~/~~~I~~

9 Land Use t.' - <l",) 1r---_+----------------------------------------4---_r--_+--~~~~/~r_--+_--+_~J ~~

10 Navigation V / '!. 1/

11 Shore Erosion and Accretion V ./ 3 ~ I~--~------------------------------------~--~~~~~~~+---+---~~I ~ ~ 1~1-2--~R-e-c-r-e-a-t--i-o-n----------------------------_r~~--_+--_+~/~·~--~ __ ~ __ ~ __ ~II ~~

13 Water Supply and Conservation () L V 14 Water Quality ,V' L

15 Energy Needs C//' 16 Safety (/ / 17 Prime and Unique Farmlands . V / 18 Food and Fiber Production .V /'

Ir---_+----------------------------------------+---~--~--_+--~ .. _+--~--~~~I lr-l_9 __ +_w-e-t-l-a-n-d--v-a_l-u-e~s----~--------~----------+_--~--~---+ __ ~~_/~/~~ __ ~--~~I

a. Natural Biological Functions ~/

b. Sanctuaries, Refuges, Stduy Areas ~/

c. Drainage, Sedimentation, Circulation ~/'

d. Wave and Storm damage Protection /~/

e. Storm and Floodwater Storage u//

f. Groundwater Recharge I~

g. Water Filtration ~

20 Social Values /

a. Communtiy Cohesion & Development t~ /

b. Community Services v/~

c. Housing Availability ~~

d. Human Health vr;l

e. Noise / /

f. Traffic Flow (/~_

21 Mineral Needs uI l.

D. SUMMARY OF AGENCY RESPONSE TO THE PUBLIC NOTICE

AGENCNY NO CONCURENCE SUBJECT OBJECTION '* NO COMMENT OR

FED/STATE OBJECTION TO CONDITIONS '* ACTION TAKEN

USEPA \/

USFWS -...J

Un~ ~

N-1S \:yo<s ..J

'* SEE ATTACHED REMARKS

AGENCY CODES

USEPA - U.S. Environmental Protection Agency

USFWS - U.S. Fish and Wildlife Service

NMFS - National Marine Fisheries Service

NYSDOS - New York State Department of State (CZM)

NYSDEC - New York State Department of Environmental Conservation

NJDEPE - New Jersey State Department of Environmental Protection & Energy

SHPO - State Historic Preservation Office

E. ANALYSIS OF ALTERNATIVES

(vi' Alternatives analysis required based o"n criteria contained in 33 CFR 320.4(a) (see alternatives discussion in statement of findings for subject application).

[ ] Alternatives an lysis required based on criteria contained in 40 CFR 230.10, refer to documentatio on practicable alternatives supplied by the applicant:

Documentation clearly demonstrates that no practicable alternatives are available.

[ ] Documentation does not demonstrate that practicable alternatives are unavailable (the reasons for this determination shall be set forth in writing and appended to this assessmentL

[ ] Alternatives Analysis not required (As per ER 200-2-2, Appendix B paragraph 8a, when there are no unresolved conflicts concerning alternative uses of available resources, the project is water dependent, and this EA confirms the impacts of the applicant's proposal to be insignificant)

F. Modifications to the Proposed Action Based on the Assessment of Environmental Impacts (attach written description of mitigation plan or incorporate by reference if such document already exists).

G. Individuals Res

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INATION REGARDING THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT:

Finding of No Significant Impact (FONSI)

Based on the information presented in this Environmental Assessment and information contained in the permit file, I have concluded that the proposed action will have no significant impact on the quality of the human environment and that an Environmental Impact Statement is not required.

[ ] EIS Required

Based on the information presented in this Environmental Assessment and information generated through the public interest review as contained in the permit file, I have concluded that the proposed action will significantly affect the quality of the human environment, that a permit amy be warranted, and that an Environmental Impact Statement is ..

required. .

[ ] EIS Not Required; Issuance Not Warranted

Based on the information presented in this Environmental Assessment and information contained in the permit file, I have concluded that the proposed project will significant impacts on the human environment but sufficient evidence in support of denial exists and an Environmental Impact Statement is not warranted.