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                                           LAAA-LOWS











                       Dredging the Port:
               Maintaining Maritime Facilities
                In New York and New Jersey

                     Problems and Options


                New York State Department of State
                    Division of Coastal Resources
                    and Waterfront Revitalization




                          February 1, 1995








                                                     Contents
     Section                                                                                       Page

     I.     The Dredging Issue    ............................................                        1

            A.      Harborwide    ............................................                        1


            B.      Howland Hook Terminal     ....................................                    1

     II.    Federal Laws and Regulations     .....................................                    2

            A.      Marine Protection, Research and Sanctuaries Act of 1972
                    (Ocean Dumping Act component, 33 USC 1401)        .....................           2

                    1.    EPA Permit to Transport Dredged Material (33 USC 1412)
                    2.    Corps Dredged Material Disposal Permit (33 USC 1413)
                    3.    Waiver of Requirements (33 USC 1413.(d))

            B.      Clean Water Act (Federal Water Pollution Control Act Amendments)    .........     3

            C.      Coastal Zone Management Act
                    (and 1990 Coastal Zone Act Reathorization Amendment)    .................         4

     III.   Chronology of Events   ...........................................                        4

            A.      Harborwide Since 1970    .....................................                    4


            B.      Howland Hook Terminal     ....................................                    5


     IV.    Dredging Options and Ramifications    ..................................                  6

            A.      Involved Interagency Organizations  ..............................                6

                    1.    Harbor Estuary Program Manaagement Conference
                    2.    Dredging Task Force
                    3.    Interagency Committee
                    4.    Bi-State Committee


            B.      Howland Hook Terminal     ....................................                    8


                    1.    Borrow Pit Disposal
                    2.    On-Site Upland Disposal
                    3.    Upland Disposal
                    4.    Contained Disposal at Piers
                    5.    Ocean Disposal









        C.   Harborwide ............................................ 9

             1.  Disposal at the Mud Dump Site
             2.  Disposal at Alternative Ocean Sites
             3.  Disposal at Existing Borrow Pits
             4.  Disposal at Containment Islands
   V.   Recommended Action ...........................................  11

        A.   Howland Hook .........................................  11

             1.  On-site Upland Disposal
             2.  Consistency Review

        B.   Harborwide Dredging Solutions ...............................  12

             1.  Near Tenn
             2.  Long Term

        Addendum: Howland Hook Work Description







            The Dredging Issue

            A.     Harborwide


                   The Port of New York and New Jersey plays a vital role in the economy of the
                   region, handling more general and containerized cargo than any other east coast
                   port. New York Harbor is not naturally deep, and rivers continuously transport and
                   deposit sediment, filling in navigation channels and berthing areas. To maintain the
                   Port for modern deep draft vessels, which draw as much as 40 feet of water, large
                   quantities of sediments (6 to 7 million cubic yards annually) must be dredged. A
                   majority of this material was, and continues to be, disposed at the Mud Dump Site
                   located 6 miles east of Sandy Hook, New Jersey and 11 miles south of Rockaway,
                   New York.


                   Ocean disposal has been the primary disposal option for materials dredged from
                   New York Harbor. Other disposal options in the region have generally not been
                   used because of the readily available and relatively low cost of ocean disposal, as
                   well as conflicting uses and environmental concerns associated with other
                   alternatives.


                   New York Harbor, including its many berthing areas and channels, contains
                   primarily fine-grained sediments which are often contaminated with heavy metals,
                   PAHs, PCBs, pesticides, and dioxin. Depending on their concentration, these
                   contaminants may impact the ecosystem. Certain contaminants are
                   bioaccumulated in marine organisms and may biomagnify up through the food
                   chain and pose a threat to biota and public health. Dredging contributes to the
                   resuspension of these sediments. Ocean disposal exposes additional marine
                   organisms and habitats to these contaminants. Highly contaminated dredged
                   material from New York Harbor may require management (i.e. capping with clean
                   material) if it is disposed at the Mud Dump Site, or may be precluded from ocean
                   disposal.

            B.     Howland Hook Terminal


                   Howland Hook container terminal on Staten Island is leased by the Port Authority
                   of New York and New Jersey from the City of New York. Vacant since 1986, the
                   Port Authority has sublet the facility to Howland Hook Container Services, Inc.
                   Before the terminal can open, the Port Authority must dredge 150,000 cubic yards
                   of sediments from the berthing area. The sediments are contaminated with dioxin
                   and cannot be disposed at the Mud Dump Site. An existing borrow pit in New
                   York Harbor, 3 miles south of Staten Island, would be used for disposal purposes.

                   The Port Authority claims that the requisite federal and state permit approvals must
                   be issued by April 1, 1995, if the terminal is to be ready to accept 60,000
                   containers this year. A public hearing on this dredging and disposal project is
                   tentatively scheduled for March 2, 1995, and will be co-sponsored by DOS and the







                    U.S. Army Corps of Engineers. The Corps of Engineers cannot issue a permit, if
                    DOS determines that the project is inconsistent with the State's Coastal
                    Management Program.

     IL      Federal Laws and RegWations


             A.     Marine Protection, Research and Sanctuaries Act of 1972 (Ocean Dumping Act
                    Component, 33 USC 1401)

                    The Act regulates the transportation and disposal of dredged material in ocean
                    waters within the territorial seas of the United States (outside of the State's three-
                    mile territorial limit. Within the territorial limits of the State, the Federal Water
                    Pollution Control Act applies - see B. below). The Act and its regulations
                    consolidated management of the transportation and disposal of dredged material
                    in U.S. territorial waters among four federal agencies: the Corps of Engineers and
                    the Environmental Protection Agency, which jointly regulate ocean dumping; the
                    Coast Guard, which enforces the Act and its regulations; and the National Oceanic
                    and Atmospheric Administration, which jointly monitors ocean disposal with EPA,
                    and may establish marine sanctuaries pursuant to other sections of the Act. Under
                    the Act, EPA designates, manages and authorizes dredged material ocean
                    disposal sites. The USA Corps of Engineers administers the permit process for the
                    use of the sites.


                    The Mud Dump Site has existed since 1914, and was formally designated as the
                    region's dredged material ocean disposal site in 1984. Most material dredged from
                    the New York Harbor is disposed of at this site. In 1989, EPA reported the site
                    had a capacity for 100 million cubic yards of dredged material. The Act requires
                    EPA and the Corps to investigate alternative sites in deeper water further offshore
                    near the Continental Shelf (> 100 miles from shore).

                    1.     EPA Pennit to Transport Dredged Materml (33 USC 1412)

                           EPA issues permits to transport dredged material that is disposed into
                           ocean waters. Permits may be issued when disposal will not unreasonably
                           degrade or endanger human health, welfare, or amenities, or the marine
                           environment, ecological systems, or economic potentialities.

                           EPA may not issue permits that would result in violations of federal water
                           quality standards. To the extent that EPA may do so without relaxing the
                           statutory requirements (see discussion of waiver, below), EPA must apply
                           standards and criteria binding upon the United States by the International
                           Convention on the Prevention of Marine Pollution by Dumping of Wastes
                           and Other Matter, including its Annexes.          The Act delegates broad

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                           discretion to EPA in adopting permit approval criteria, but does not require
                           the EPA to balance the factors that are considered when deciding on an
                           ocean-dumping permit application (City of NY v. USEPA, DCNY 1981, 543
                           F. Supp. 1084).

                   2.      Corps of Engineers Dredged Material Disposal Permit (33 USC 1413)

                           The Corps is authorized to issue permits for disposing dredged material in
                           ocean waters. The purpose of the Act is to regulate the disposal of material
                           in order to protect ocean waters, marine ecosystems, and public health and
                           safety. General standards for the issuance of permits are the same as EPA
                           standards for permits to transport material.

                           EPA and the Corps developed procedures and criteria to implement these
                           standards. The procedures and criteria establish categories of dredged
                           material, testing protocols and standards for determining whether or not
                           permits may be issued to transport or dispose dredged material. EPA
                           opposes the issuance of permits by the Corps if alternatives exist which are
                           technically feasible and environmentally acceptable with less overall
                           environmental impacts. Where testing results based on the EPA criteria
                           indicate acute toxicity potential, dredged material may not be disposed of
                           at the Mud Dump.


                   3.      Waiver of Requirements (33 USC 1413. (d))

                           The Secretary of the Army may certify that there are no economically
                           feasible alternative methods or sites, and request EPA to waive the
                           requirements of the Ocean Dumping Act and allow disposal at a site which
                           would result in non-compliance with the Act. Within 30 days of a request
                           for a waiver from the COE, EPA must grant the waiver unless the
                           Administrator finds the dumping will result in "unacceptably adverse impacts
                           on...shellfish beds, wildlife, fisheries, or recreational areas".

            B.     Clean Water Act (Federal Water Pollution Control Act Amendments)

                   The Act and its implementation by EPA and the Corps of Engineers regulates the
                   discharge of all pollutants, including those resulting from dredging and the disposal
                   of dredged material, into the navigable waters of the United States within three
                   miles of the coastline (within New York's territorial limits). The purpose of the Act
                   is to protect water quality by regulating the discharge of pollutants into the Nation's
                   navigable waters, including wetlands. The dredging and disposal of dredged
                   material requires a permit from the Corps.



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                    The  Act also requires certification from the State (in New York this is the
                    Department of Environmental Conservation) in which the dredging and/or disposal
                    occurs that the discharges from dredging and dumping and its effects will meet the
                    State's water quality standards, prior to the issuance of a Corps permit.

                    The Act also authorizes the Corps to issue permits for the discharge of dredged
                    material at specified disposal sites within the State's territorial limits, such as the
                    proposed borrow pits off Staten Island and Coney Island. EPA may deny or
                    restrict the use of the disposal sites whenever it determines that the use of the
                    sites would result in adverse effects to water quality.


             C.     Coastal Zone Management Act (and 1990 Coastal Zone Act Reauthorization
                    Amendment)

                    The Act requires federal direct, funding, and regulatory approval activities within a
                    state's coastal area to be undertaken in a manner consistent with the state's
                    federally approved Coastal Management Program. The 1990 amendments to the
                    Act require federal activities occuring outside of the State's coastal area to be
                    undertaken in a manner consistent with the state program.

                    As part of the Corps permit application, the Port Authority of New York and New
                    Jersey is required to certify that the proposed dredging and dredged material
                    disposal will be undertaken in a manner consistent with the New York State
                    Coastal Management Program. The Department of * State must review the
                    application for the proposed project, determine whether the federally permitted
                    activity would be, or would not be consistent with the policies of the CMP, and
                    concur with, or object to, the Port Authority's consistency certification. If DOS
                    concurs with the consistency certification, the Corps may approve the project. If
                    DOS objects to the certification on the grounds that the project is inconsistent with
                    the CMP, the Corps is prohibited from approving the project. If DOS objects to the
                    Port Authority's consistency certification, the State's objection may be appealed to
                    the U.S. Secretary of Commerce.

     III. Chronology of Events

            A.      Harborwide Since 1970


                    Since 1914, dredged material from the Port of New York and New Jersey marine
                    facilities has been deposited at an underwater site known as the Mud Dump Site.

                    The material deposited at the Mud Dump Site has included by-products of
                    industrial processes. Contamination of harbor sediments peaked in the 1970s,
                    before passage of the Clean Water Act Amendments of 1972. Since then sediment


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                     quality has improved somewhat, but the ability to detect contamination has
                     increased greatly. Historically, of the 6 to 7 million cubic yards of material that was
                     dredged in the Port each year, only about 5 percent needed special treatment. it
                     is estimated that under new testing protocols, over 60 percent - 3 to 4 million
                     cubic yards will need treatment.

                     The Port Authority's attempt to obtain a dredging permit for its Port Newark/Port
                     Elizabeth facilities provides insight into the difficulties of dredging marine facilities.
                     On April 11, 1990, the Port Authority submitted an application to the Corps of
                     Engineers to dredge facilities in New Jersey. Over the course of the next three
                     years, the permits became a test case over the handling of dioxin (in this case a
                     by-product of the defoliant Agent Orange) in dredged spoil.

                     In the winter of 1993, the Port Authority received approval to dredge from the
                     Corps of Engineers, but the permits were blocked by the Environmental Protection
                     Agency pending further tests. In the Spring of 1994, after the costs of the project
                     rose from $3 million to $17 million, dredging was eventually approved at 29 of the
                     62 sites in the original permit. In the course of the protracted review, it is not
                     known how much ship traffic was diverted to other ports, but the Port Authority
                     estimates losses were substantial.


             B.      Howland Hook Terminal


                     The 187 acre Howland Hook facility was purchased by the City of New York in the
                     1970s as part of its effort to maintain maritime facilities in New York City. Since the
                     container revolution - packing freight into 20 or 40 foot shipping containers -
                     began in earnest in the 1960s, New York has steadily lost business to New Jersey
                     facilities. Howland Hook was operated by the U.S. flag shippers, the United States
                     Line until 1986, when the business fell into bankruptcy.

                     The facility remained idle until 1991, when the Port Authority, lessee of the
                     property, submitted an application to the Corps of Engineers to dredge at this site.
                     The Port Authority put its dredging plans on hold pending the outcome of its Port
                     Elizabeth/Port Newark permit applications.

                     To allow the terminal to accomodate deep draft vessels about 150,000 cubic yards
                     of mud must be removed. Sediments at the terminal were tested for contaminants
                     in 1988 and 1991 and passed. The most recent tests, conducted late in 1994
                     under a new protocol involving marine organisms known as amphipods,
                     determined that the sediments were actually above toxicity levels suitable for ocean
                     dumping.

                     The Port Authority has investigated near-shore borrow pits off Staten Island and
                     Coney Island as potential disposal sites, but is presently focusing on the existing

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                    borrow pits (CAC Pit) in New York Harbor south of Staten Island. The Port
                    Authority and Corps of Engineers argue that these pits can provide a secure
                    depository for the sediments. While there is support for opening the terminal, the
                    public and elected officials in Brooklyn and Staten Island have remained adamant
                    in their opposition to placing contaminated dredge spoil in the borrow pits.



      IV. Dregging Options and Ramifleations

             A.     Involved Interagency Organizations

                    In addition to the agencies and their legal responsibilities described above, the
                    followinginter-agency groups are also involved in this issue:

                    1.     Harbor Estuary Prognwn Manaagement Conference

                           Under the general direction of the federal Environmental Protection Agency
                           a plan for conservation and management of the New York Bight has been
                           evolving.    The plan, called the Comprehensive Conservation and
                           Management Plan (CCMP), is in its draft stages. The Department of State
                           as well as the Department of Environmental Conservation and the
                           Department of Environmental Protection in New Jersey have been involved
                           in its development. One chapter of the plan deals with dredging and
                           dredged material disposal in New York Harbor. The material on dredging
                           and its disposal was crafted by selected members of the Dredged Material
                           Management Forum, a group of federal agencies - notably EPA and the
                           U.S. Army Corps of Engineers - state agencies from New York and New
                           Jersey, the Port Authority of New York and New Jersey and other
                           commercial interests in the Port, environmental groups, and fishing
                           associations brought together in June 1993 to develop solutions to the
                           dredging and disposal problems in the Harbor. The Forum has been folded
                           into the organizational structure of the Harbor Estuary Program (HEP)
                           Management Conference, that is dealing with several water quality related
                           issues in New York Harbor and Bight. The Department of State's Coastal
                           Management Program has representatives on the Forum, and on three of
                           its six workgroups, carrying out the tasks being addressed by the Forum,
                           and on the HEP management committee.

                    2.     New Jersey Dredging Task Force

                           Governor Whitman of New Jersey created a task force on dredging issues.
                           The task force report is to be released at the beginning of February 1995.
                           The report's principal recommendation will be construction of a fourteen


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                          million cubic yard subaqueous disposal pit and confined disposal facility in
                          Newark Bay next to the Port Authority's Port Newark piers. There appears
                          to be considerable support - from City of Newark officials, the State of New
                          Jersey, the Port Authority, as well as various environmental and fishing
                          interests, for such a disposal option in that location. The idea of such a
                          large disposal facility has blossomed from a suggestion in the Fall of 1993
                          to try such disposal in a smaller 60,000 cubic yard Newark Bay pilot
                          subaqueous pit. The support for a disposal pit in Newark Bay seems to
                          stem from the belief that the contaminated material would be contained
                          close to where it would be dredged, would be at an easily identifiable site,
                          and would be retrievable at a future date when improved technology would
                          allow it to be decontaminated in some way.

                          The question arises as to whether or not material to be dredged in the
                          future on the New York side of the Harbor would be eligible to be placed
                          in such a pit wholly within New Jersey waters. Informal communication with
                          the Port Authority indicates New Jersey would not be receptive to this
                          option.

                   3.     Interagency Committee

                          In New York State, Governor Cuomo created an Interagency Committee On
                          Dredging to coordinate with New Jersey, and federal legislators, and with
                          key New York State constituents and interest groups on this matter. The
                          Committee, composed of representatives from the Governor's office and the
                          following state agencies (DOS, DED, DOT, DEC, OGS, and Labor) met only
                          once, on September 27, 1994. Discussion at that meeting included the
                          recommendation that the Committee's mission should include the
                          formulation of policy relative to the Port's future and dredging and disposal
                          activities in the Harbor.


                   4.     Bi-State Committee

                          Through concurrent legislation, the States of New York and New Jersey
                          created a bi-state group known as the Clean Ocean and Shore Trust
                          (COAST). COAST is co-chaired by state legislators from each state. The
                          New York chair is held by Senator Marchi. Its purpose is to address issues
                          in the waters shared by New York and New Jersey. The group, which has
                          only met once, on December 12, 1994, designated four committees:
                          Science & Technology; Water Quality; Fishing & Aquaculture, and;
                          Dredging. Members of the Dredging Committee from New York are:
                          Senator Marchi; George Stafford of DOS; Roberta Weisbrod of DEC, and;
                          Lou Nage.



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            B.     Howland Hook Terminal


                   1.     Borrow Pit Disposal

                          The Port Authority has submitted a permit application to the Corps of
                          Engineers, NYS DEC, and NYS DOS to dredge 150,000 cubic yards of
                          material at the Howland Hook Terminal on Staten Island with disposal to
                          take place at an existing borrow pit, (the CAC pit) about three miles
                          southeast of Staten Island. The proposal is to deposit 75,000 cubic yards
                          of contaminated material in the southern part of the pit. The remaining
                          75,000 cubic yards of contaminated material to be dredged would be placed
                          in geotextile bags and deposited at the same site. All of the dredged
                          material would be capped with cleaner material. The theory is that the
                          borrow pit sides would in conjunction with the capping material contain the
                          contaminated material indefinitely. A court decision in the 1980s enjoined
                          the Port Authority from using the CAC pit for depositing dredged material.
                          The DEC water quality certificate which had been granted was rescinded.
                          There is considerable opposition to the use of the CAC pit from
                          environmentalists, who see the plan as having serious negative impacts on
                          the fish resource, and by political leaders in NYC, particularly in Staten
                          Island, who feel that the CAC pit is much too close to the Staten Island
                          shoreline.


                   2.     On-Site Upland Disposal

                          The 187 acre Howland Hook Terminal site is large enough to accomodate
                          the placement of 150,000 cubic yards of dredged material on its upland
                          side. If properly dewatered and contained upland,the material proposed to
                          be dredged could be safely stored. However, there is some question as to
                          whether or not the material would be considered a hazardous material or
                          solid waste and if placing it upland would necessitate permits from the
                          federal government under provisions of Resource Conservation and
                          Recovery Act of 1976, Comprehensive Environmental Response,
                          Compensation and Liability Act of 1980, and/or Superfund Amendments
                          and Reauthorization Act of 1986, as well as permits from DEC.

                   3.     Off-Site Upland Disposal

                          The contaminated dredge material could be exported overland or by sea to
                          another state. A plan had been set forth in the past to send dredged
                          materials to Pennsylvania, but the governor of that state vetoed the
                          proposal. No out of state disposal sites have been identified. Transportation
                          of such contaminated or hazardous material over long distances, particularly
                          overland, would be expensive.


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                    4.     Contained Disposal at Piers

                           Disposing dredged material behind barriers, for instance sheet piling,
                           around and between abandoned piers was set forth in a December 1989
                           publication of the U.S. Army Corps of Engineers/New York District entitled
                           Managing Dredged Material. This means contaminated dredge material
                           disposal would have the advantage of providing additional land, perhaps
                           even buildable land, and might avoid the necessity of having to procure
                           numerous federal and state permits. It might also offer the advantage of a
                           short-term solution for relatively modest amounts of dredge material. The
                           disadvantage would be that such inter-pier space would be lost for the
                           purposes for which the pier complexes were constructed, maritime
                           commerce.


                    5.     Ocean Disposal

                           The Mud Dump Site in the Atlantic Ocean, may only be used for the
                           disposal of relatively clean material (Category I and 11). The approximately
                           two (2) square mile area site and a surrounding area of approximately
                           twenty (20) square miles, referred to as the historical dumping area has
                           been the most commonly used area for disposal of Category I and
                           Category 11 dredged material. Category III (the most contaminated material
                           which is found at Howland Hook) cannot be dumped at the Mud Dump Site.
                           The standards and criteria for designating the three categories will be
                           revised by the Dredged Material Management Forum and EPA. The new
                           standards and criteria will be more stringent. Higher proportions of the
                           materials to be dredged in New York Harbor will be designated as Category
                           11 and Category 111.

             C.     Harborwide


                    1 .    Disposal at the Mud Dump Site

                           In the long run disposal of dredged material (Category I and 11) at the Mud
                           Dump Site or at the expanded Mud Dump Site (the existing site plus the
                           approximately twenty (20) square mile contiguous area) may prove to be a
                           partial solution to the problem. EPA is embarking on the development of a
                           Supplemental Draft Environmental Impact Statement on future use of the
                           Mud Dump Site which it plans on completing in mid-1996.                    The
                           approximately twenty-two (22) square mile area has a finfte and not overly
                           large capacity to take additional dredge material, given all the material that
                           has been placed there over the years and the need to maintain a
                           reasonable depth over the material to allow the safe passage of ever larger
                           ocean-going ships. Commercial and recreational fishing interests are


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                           opposed to future dumping at the site and are in favor of remediation or
                           even restoration of the site. Environmental groups are opposed to further
                           dumping in the ocean. Governor Whitman also appears opposed to
                           continued ocean dumping.

                   2.      Disposal at Alternative Ocean Sites

                           Another alternative for the disposal of dredged materials is dumping the
                           material twenty (20) or more miles at sea. This would be approximately
                           fourteen (14) miles farther from shore than the Mud Dump Site and, given
                           the large width of the continental shelf off the east coast of the U.S., would
                           be in relatively shallow water. This site, if designated by the EPA - no such
                           designation has taken place - would be far from New York's and New
                           Jersey's heavily populated coast. However, many environmental groups,
                           committed to cleaning up the oceans, would likely be opposed. Fishing
                           associations might or might not be opposed. Deeper water with greater
                           wave energy would present the transporting scows with additional operating
                           problems. Also, there would be greater likelihood of the dispersion of the
                           dumped material, and, therefore, the probability of more widespread
                           environmental damage. In addition, the costs of transporting the dredged
                           material over greater distances would increase the costs.

                   3.      Disposal at Existing Borrow Pits

                           The Corps of Engineers New York District is seeking New York State's
                           approval for use of one of the many existing borrow pits (pits scooped out
                           of the bed of the Harbor for sandmining) for disposing of contaminated
                           dredged material, including the most contaminated Category III material.
                           The Corps applied to DEC for a water quality certificate for the use of
                           borrow pit #6, located less than two miles off Coney Island. The Corps
                           claims that disposing of contaminated harbor sediments in borrow pits
                           within the Harbor would have the following advantages: reduction of
                           transport costs; lessen the dispersion of contained material while being
                           dropped through the -water column; lower wave energy resulting in more
                           secure containment in the pits, and; use natural depressions which in
                           conjunction with capping could contain the material. The disadvantages of
                           this proposal by the COE revolve around the proximity of most of the pits
                           to the heavily populated shores of the metropolitan area. The use of
                           borrow pit #6 off Coney Island and the CAC pit off Staten Island has been
                           opposed by local and state officials, civic organizations, and private citizens
                           in the' New York metropolitan area.           Fishing interests as well as
                           environmental interests are opposed on the grounds that the pits harbor
                           rich marine life.



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                   4.     Disposal at Containment Islands

                          Placement of dredged materials in specifically constructed containment
                          areas attached to the shoreline (similar to but much larger than the disposal
                          between piers) or in containment islands built offshore has been advanced
                          as a long-range option. Such a facility, particularly if built some distance
                          offshore, would be removed from the heavily populated coastal area. Once
                          filled, the facility could serve other uses (e.g. cargo transfer or power
                          generation). Dispersion of contaminated material through the water column
                          would not take place, because the material would be placed behind
                          constructed walls or dikes. Similarly, transport of contaminated material
                          across the floor of the Harbor or the ocean would not take place because
                          the walls or dikes would prevent such migration. Support from local officials
                          and the various environmental and fishing interests could be expected.
                          However, the costs of constructing such containment islands would be
                          significant as would be the time of construction, especially if the islands
                          were to be of large size.

            Recommended Action


            A.     Howland Hook


                   1.     On-site Upland Disposal

                   Given the opposition to the use of borrow pits by local and state elected officials,
                   New York State could press for the most expeditious solution to dispose of
                   150,000 cubic yards of dredged material, on-site upland disposal. This must be
                   considered as a one-time solution to the terminal's dredging needs. New York
                   State needs to determine if this alternative is feasible. To accomplish this quickly,
                   the following  steps need to be taken:

                          a.      DOS legal and coastal program staff will review the federal and state
                                  technical and procedural requirements that govern the placement of
                                  contaminated dredged material at the site. Staff will determine if these
                                  requirements would seriously delay the proposed dredging activity.

                          b.      DOS staff could meet with elected officials from Staten Island to
                                  explore the issues of on-site containment of dredged material. Staff
                                  will determine if there are any issues that would seriously delay the
                                  proposed dredging activity.





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                   2.     Consistency Review

                          In the event that on-site upland disposal cannot be achieved, DOS would
                          coordinate its consistency review of borrow pit disposal with DEC (for water
                          quality purposes), so that a consistency decision could be reached as early
                          as possible in the project review period.

     B.     Harborwide Dredging Solutions

                   1.     Near Term

                          DOS could request Governor Pataki to establish a New York Harbor
                          dredging task force and charge it with the responsibility for recommending
                          short term and intermediate term (up to 10 years) options for disposal of
                          contaminated dredged material.

                          a.     Composition: DOS, DEC, OGS, DOT, DED

                          b.     Study Duration:      6 months.

                          C.     Study design: include cost estimates and funding sources; siting
                                 considerations; regulatory bottlenecks and identify an entity
                                 responsible for site management.

                   2.     Long Term

                          New York's marine facilities at Howland Hook in Staten Island and Red
                          Hook in Brooklyn represent alternatives to the present port configuration.
                          New York State could conduct a needs analysis for New York Harbor to
                          explore how dredging can be avoided or minimized through reconfiguring
                          marine facilities. Specifically, the proposed study will target the maritime
                          industry in New York Harbor and examine dredging and containment
                          strategy, rail (intermodal) connections and warehouse development.













                                                        12




















                  Addendum
          Howland Hook Work Program













                            I









                                          WORK DESCRIPTION
                                    HOWLAND HOOK MARINE TERMINAL


                       The applicant, The Port Authority of New York and New Jersey,
            proposes to maintenance-dredge the Howland Hook Marine Terminal by clamshell
            bucket with barge overflow. Approximately 150,000 cubic yards of material
            would be dredged from the facility on the Arthur Kill in the Borough of
            Staten Island, Richmond County, New York, to maximum depths of 35 and 40 feet
            below the plane of mean low water (MLW), with-two feet of allowable over-
            depth, as shown on the attached drawings. The two contiguous dredge areas
            have a total length of approximately 2,500 feet and a width of approximately
            145 feet. The stated purpose of the proposed project is to re-establish
            prior water depths to allow for the revitalization of the Howland Hook Marine
            Terminal as a major container terminal in New York State with an annual
            capacity of 300,000 containers, providing approximately 250 direct jobs,
            indirectly supporting another 1,450 jobs while generating $230 million in
            total economic activity.

                       The applicant proposes to dispose of the dredged material in a
            subaqueous borrow pit in lower New York Bay, Richmond County, New York, in a
            location on the west side of Chapel Hill Channel, approximately 6,000 feet
            south of the West Bank Light and 3.5 nautical miles seaward of the nearest
            shore point on Staten Island, New York (see attached Drawing No. 2 of 3).
            This pit is commonly known as the CAC Pit. Subaqueous borrow pits are
            irregularly shaped, sea floor depressions caused by sand and gravel mining,
            typically for construction material and beach nourishment. The use of
            subaqueous borrow pits for dredged material disposal has been the subject of
            extensive study by the New York District Corps of Engineers, culminating in a
            Final Supplemental Environmental Impact Statement and a Record of Decision
            wherein the Corps of Engineers, with a U.S. Department of the Interior (U.S.
            Fish and Wildlife Service), The National Oceanic and Atmospheric
            Administration (National Marine Fisheries Service), and the U.S.
            Environmental Protection Agency concluded that use of subaqueous borrow pits
            for disposal of dredged material is the environmentally preferred
            alternative.

                       As part of this project, the applicant proposes to demonstrate the
            operational utility of geotextile bags as a method for minimizing sea floor
            spread of dredged material which would thereby reduce the amount of clean
            material needed to cap the dredged material because of its reduced lateral
            movement. An additional benefit to be demonstrated by the use of geotextile
            bags is the diminution of water column loss of dredged material as it moves
            from the bottom of the barge to the bottom of the pit. The final aspect of
            this demonstration project is to provide the opportunity for an evaluation of
            the precision with which geotextile bags can be placed on the bottom so that
            consideration can be given to the future use of geotextile bags for the
            construction of subaqueous berms, as a cover material, and as structural
            elements in large fill projects.

                       The applicant proposes to bottom dump the initial 75,000 cubic
            yards into the southernmost portion of the pit using conventional bottom
            dumping without geotextile bags followed by disposal of the balance of the
            material in geotextile bags in an array which optimizes consolidation and
            immobilization of the underlying material.  The material will be placed in a
            portion of the pit which is delineated by the southern wall of the CAC pit
            and a 500-feet wide berm which creates a small pocket at the end of the pit
            rising from the 40 feet below MLW contour (see Drawing No. 3 of 3).



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                                                                                                                                ESTIMATED OUANTITIES
                                                                                                                              tAAjNTLNAHr_c DREDC"NO
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                                                                           0                                                  ATTI-E CAC PIT
                                                                                                                                PURPOSE
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          REMOVE MUD 70 PROVIDE A STABLE SIDE SLOPE.
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                 OATUM:. ML.L-W-

                 37.5         TYPICAL SOUNDING                                                      THE PORT AUTHORITY
                              MAINTENANCE DREDGE AREA                                                                    OF
                              SHOWN AS (-)40-+?-                                               NEW YORK & NEW JERSEY
                              MAINTENANCE DREDGE TO                                     HOWLAND HOOK-MARINE TERMINAL
                              H 35'+ Z AS SHOWN
                                                                                                    MAINTENANCE DREDGING
                 ADJ: PROPERTY OVINERS                                                  W: AR n 4 .A KiLL
                                                                                        AT: 300 AE3T0:L-4 AVE. iTArO-l
                 NORTH'                                                                 CoWry: Rf04-0e-Q JrATE: tkFW YO,-,,
                                                                                                                                                  7_!@A













                 SOUTH:
                                                                                     SHEET 1 OF 3.                                            DATE: 1-10-95.



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                                                                                                              11 2,  '3
                                                                                               20  37 G   2)

                                                                                           20      25
                                                                                                                u
                                                              THE PORT AUTHORITY
          LH: Nqn@" KILL
          AT 340-0 %@,3TERS AVE. 3TATEN 1=_-0                            OF
          COL,n-: P.,C.-0@0 3TArc: -EW ycw4x
                                                           NEW YORK & NEW JERSEY
              LOCATION PLAN                            HOWLAND HOOK-MARINE TERMINAL
                                                              MAINTENANCE DREDGING
                                           s=       2    OF  3.                                   DATE: 1-10-95.





                                               7









                                                                              C#3 3
                                                                 (GO      17,.

                          eER&j PLACE
                                      D B y
                          co-,P!: (GEE.1981)

                                                                                 MAIN SHIP CHANNEL
                                                0
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                                                                             Cu I I




                                    PLAN VIEW OF BORROW PIT                        Af

                                           SCALE: 1"=1500'                        !;A





                BERM PLACED ElY
                CORPS IDEC.1981).                                          3' Sand Cap



            _10-                                                                                       E,
            -20-
            -:3 0                                                                                     BottoM
              40
            -So
                    77
             60
                        DREDGED MA=IAL:                              6' High llo@ndlof Dredge
                        HCkqLAND HOOK APPX. 150,000 Cy.                 Materiai.

                  vAw                                                                               IFA
                                        CROSS SECTION 'A'                'A'

                                                  SC.kLE: 1 "=200'


                                                             THE PORT AUJ'T@@RITY
                                                                        OF                           1 Fwasting.
                                7-                                                                    .@O@ttolu



            PIAN AND SECTION                              NEW YORK & NEW JERSEY
                                                      HOWLAND HOOK-MARINE TERMINAL
                                                             IMAINTENANCE DREDGING
            DATUM: M. L. W.                SHEEr 3     Or 3.                                    DATE: 1-10-95.



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                                                                                                                          3 6668 14111882 0