2011-06-20
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DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K. JAVlTS FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
JUN 2 0 201t
REPLY TO
ATTENTION OF:
Regulatory Branch
SUBJECT: Permit Application Number NAN-2010-00898-WOR
by New York City Department of Env', ~ 'nn
Ms. Jennifer Farmwald
New York City Department of
Environmental Protection
59-17 Junction Boulevard, 11th Floor
Flushing, New York 11373
fRi~~~aw~[Q)
Dear Ms. Farmwald:
JUN 2 4 2011
TOWN OF 'N;3,~)PINGER
TOVVN CLERK
On June 6, 2011, the New York District Corps of Engineers
received a request for Department of the Army authorization for
three exploratory bore holes within the Hudson River in the vicinity
of Danskammer Point near River Mile 65. The boring sites are
located in the Town of Newburgh, Orange County, New York and the
Town of Wappinger, Dutchess County, New York.
The report entitled "Essential Fish Habitat Assessment and
Endangered Species Act Consultation Prepared For New York City
Department of Environmental Protection Rondout West Branch Bypass
Tunnel - Geotechnical Investigation Hudson River Borings", prepared
by Hatch Mott MacDonald & Malcolm Pirnie, JV, dated May, 2011,
indicates that the total impacts to waters of the United States
would involve the drilling of two vertical marine borings (boring
numbers RB-9 and RB-10, as shown in the attached drawing) within the
Hudson River, to a depth of approximately 650 feet below the mud
line. Borings RB-9 and RB-10 would be drilled simultaneously, each
from a spud-supported barge, each remaining in place for
approximately nine weeks. If information derived from those two
borings is inconclusive, a third boring (RB-9A) would be drilled to
a depth of 650 feet below the mud line.
Based on the information submitted to this office, our review
of the project indicates that an individual permit is not required.
It appears that the activities within the jurisdiction of this
office could be accomplished under Department of the Army Nationwide
General Permit Number 6. The nationwide permits are prescribed as a
Reissuance of Nationwide Permits in the Federal Register dated March
12, 2007 (72 FR 11092). The work may be performed without further
authorization from this office provided the activity complies with
the permit conditions listed in Section B, No.6, Section C, any
applicable New York District regional conditions, the following
special conditions, and any applicable regional conditions added by
the State of New York, copies enclosed.
1
...
Special Conditions
(A) At least 10 business days prior to the commencement of the
permitted work, the permittee shall fill out the attached Coast
Guard Sector New York Project Notification Form and email it to:
Jeff.M.Yunker@uscg.mil and Brian.A.Orzel@usace.army.mil.
(B) The permittee understands and agrees that, if future
operations by the United States requir~ the removal, relocation, or
other alteration, of the structure or work herein authorized, or if,
in th~ 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 w~ters, 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.
Raclaim shall he made against the United States on account of any
such removal or alteration.
This determination covers only the work described in the
submitted material. Ahymajor changes in the project may require
additional authorizations from the New York District.
Care should be taken so that construction materials, including
debris, do not enter any waterway to become drift or pollution
hazards.. You are to contact the appropriate state and local
government officials to ensure that the subject work is performed in
compliance with their requirements.
This verification i~ valid.for a peri6d of two years from the
d~te of this letter, unless the nationwide permit is modified, .
reissued, or revoked. This verification will remain valid for two
years from the date of this letter if the activity complies with the
terms of any subsequent modifications of. the nationwide permit
authorization. If the nationwide permits are suspended, revoked, or
modified in such a way that the activity would no longer comply with
the terms and conditions of a nationwide permit, and the proposed
activity has commenced, or is under contract to commence, the
permittee shall have 12 months from the' date of such action to
complete the activity.
This authorization is conditional on the applicant's receipt of
the required coastal zone management concurrence or waiver from the
New York State Department of State (NYSDOS). No work may be
accomplished until the required approval from NYSDOS has been
obtained.
. Within 30 days of the completion of the activity authorized by
this per.mit and any mitigation required by this per.mit, you are to
sign and submit the attached compliance certification for.m to this
office.
2
-,
.
Please note that this nationwide permit (NWP) verification is
based on a preliminary jurisdictional determination (JD), a copy of
which is enclosed. A preliminary JD is not appealable. If you
wish, prior to commencement of the authorized work you may request
an approved JD, which may be appealed, by contacting the New York
District, u.s. Army Corps of Engineers for further instruction. To
assist you in this decision and address any questions you may have
on the differences between preliminary and approved jurisdictional
determinations, please review the enclosed u.s. Army Corps of
Engineers Regulatory Guidance Letter (RGL) No. 08-02, which can also
be found at:
http://www.usace.army.mil/CECW/Documents/cecwo/reg/rgls/rgl08-02.pdf
In order for us to better Serve you, please complete our
Customer Service Survey located at
http://www.nan.usace.army.mil/business/buslinks/regulat/index.php?su
rvey
If any questions should arise concerning this matter, please
contact Brian A. Orzel, of my staff, at (917) 790-8413.
Sincerely,
Chris
Chief,
Mallery, Ph.D~
Section
Enclosures
cf: NYSDEC - Region 3
NYSDOS
USCG - Sector New York
Town of Newburgh
Town of Wappinger
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THE CITY YORK
DEPARTMENT OF ENVIRONMENTAL PROTECTION
FACILITY PLANNING FOR THE THIRD
CATSKILL AND DELAWARE AQUEDUCT
RONDOUT-WEST BRANCH BYPASS TUNNEL
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FIGURE 1