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Army Corps of Engineers, Department of

January 21, 2004

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
COMBINED NOTICE OF COMPLETE APPLICATION and PUBLIC HEARING

APPLICANT: Department of the Army, Corps of Engineers New York District, 26 Federal Plaza, NY, NY 10278.

PROJECT APPLICATION NUMBER: DEC No. 2-6500-00053/00001

PROJECT DESCRIPTION AND LOCATION: The Applicant, Department of the Army, Corps of Engineers New York District (the Applicant), proposes the construction of navigation channel improvements to the New York and New Jersey Harbor that provide access to the five main existing or proposed container terminals - Port Newark/Elizabeth Marine Terminal, Howland Hook Marine Terminal, Global Marine Terminal on the Port Jersey Peninsula, the former Military Ocean Terminal at Bayonne (MOTBY), and the South Brooklyn Marine Terminal. The following primary elements are:

  • Construction of a 53 foot deep at MLW navigation channel to deepen the entire length of the existing Ambrose Channel;
  • Construction of a 50 foot deep at MLW (52 feet in rock or otherwise hard material) navigation channel to deepen portions of the existing Anchorage Channel, from the Narrows to 1000 feet past its juncture with the Port Jersey Channel;
  • Construction of a 50 foot at MLW (52 feet in rock or otherwise hard material) navigation channel to deepen the existing Port Jersey Channel, from its juncture with Anchorage Channel to the Global Terminal and MOTBY facilities;
  • Construction of a 50 foot at MLW (52 feet in rock or otherwise hard material) navigation channel to deepen the existing Kill Van Kull, from its juncture with Anchorage Channel to the Arthur Kill;
  • Construction of a 50 foot at MLW (52 feet in rock or otherwise hard material) navigation channel to deepen the existing Newark Bay Channel, from its juncture with the Kill Van Kull to the juncture with the Elizabeth Channel, and including deepening the existing Elizabeth, South Elizabeth, and Elizabeth Pierhead Channels to 50 foot at MLW (52 feet in rock or otherwise hard material);
  • Construction of a 50 foot at MLW (52 feet in rock or otherwise hard material) navigation channel to deepen the existing Arthur Kill, from its juncture with the Kill Van Kull and Newark Bay to the southernmost berth at the Howland Hook Marine Terminal; and
  • Construction of a 50 foot at MLW (52 feet in rock or otherwise hard material) navigation channel to deepen the existing Bay Ridge Channel, from its juncture with Anchorage Channel to the South Brooklyn Marine Terminal, subject to commitment to rehabilitate the South Brooklyn Marine Terminal and transportation infrastructure needed to realize project benefits.

PERMITS REQUESTED: The Applicant is requesting Water Quality Certificate, pursuant to Title 5 of Article 15 of the Environmental Conservation Law ("ECL") and 6 NYCRR Part 608 Use and Protection of Waters.

STATUTORY AND REGULATORY PROVISIONS: This application is being processed by NYSDEC pursuant to ECL Article 3, Title 3 (General Functions) and ECL Article 70 (Uniform Procedures), as well as 6 NYCRR Parts 621 (Uniform Procedures).

STATE ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA") STATUS: Pursuant to ECL Article 8 (State Environmental Quality Review), and 6 NYCRR Part 617, the applicant prepared a Final Environmental Impact Statement in 1999 as well as a supplemental Environmental Assessment, dated January 2004. The Department has reviewed the Final Environmental Impact Statement and the Supplemental Environmental Assessment and issued a Findings Statement.

NOTICE OF COMPLETE APPLICATION: NYSDEC staff have determined the application to be complete and public notice of completeness was made on 16 January 2004. This notice, to be published on or about 21 January 2004 in the Environmental Notice Bulletin, New York Daily News, and the Staten Island Advance, serves as the Notice of Complete Application and Public Hearing.

TENTATIVE STAFF POSITION: The NYSDEC and the NYCDOS staff have reviewed the application materials and supporting documentation and the FEIS and the Supplemental Environmental Assessment and have determined that they are complete pursuant to 6 NYCRR Part 608. NYSDEC has made a tentative determination to approve this application. NYSDEC staff has determined that all statutory and regulatory criteria can be met through the imposition of special permit conditions.

DOCUMENT AVAILABILITY: Application materials which include project design plans, schedule of anticipated sampling/analysis, bathymetric surveys, 1999 Final Environmental Impact Statement, 2004 Environmental Assessment, and draft mitigation plans are available for review at the following locations during normal business hours between 9:00 AM and 4:00 PM, Monday through Friday:

NYSDEC Office of Hearings and Mediation Services (OHMS), 625 Broadway, 1st Floor, Albany, NY 12233-1550.
Contact: Administrative Law Judge (ALJ) Richard Wissler at (518) 402-9003.

Department of the Army Corps of Engineers New York District, 26 Federal Plaza, New York, NY, 10278.
Contact: Ronald Pinzon, Project Biologist, at 212-264-2199.

The administrative record of the NYSDEC is available for viewing at the N.Y.S. Department of Environmental Conservation, 47-40 21st Street, Long Island City, NY 11101-5407.
Contact: Kathryn D. McGuckin, Environmental Analyst, at 718-482-4078.

JOINT LEGISLATIVE HEARING: Pursuant to 6 NYCRR 621.4(a), a NYSDEC Administrative Law Judge ("ALJ") will conduct two legislative hearings on the project application at the College of Staten Island Center for the Arts - Lecture Hall, located at 2800 Victory Boulevard, Staten Island, NY 10314. Both hearings will be on February 12, 2004, the first being from 3 PM to 5 PM and the second at 7 PM. The hearing will afford interested members of the public an opportunity to submit unsworn statements to NYSDEC about all aspects of the permit.

While it is not necessary to file in advance to speak at the legislative hearing, lengthy comments should be submitted in writing at the hearing and summarized orally. The assigned NYSDEC ALJ may restrict speakers to 5 minutes each, to ensure that all speakers have an opportunity to be heard. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the assigned ALJ (named below) at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act.

WRITTEN COMMENTS: In addition to or in lieu of providing oral comments at the legislative hearing, all interested persons may submit written comments at the hearing or mail them so that they are postmarked no later than 20 February 2004. Address comments to Richard Wissler, Administrative Law Judge, N.Y.S. Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, New York, 12233-5500, with a copy to Kathryn D. McGuckin, N.Y.S. Department of Environmental Conservation, Division of Environmental Permits, 47-40 21st Street, Long Island City, NY 11101-5401.

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
January 21, 2004

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