Proposed Anchorage Grounds, Hudson River; Yonkers, NY to Kingston, NY Docket Number USCG

Similar documents
U.S. Army Corps of Engineers Regulatory Program

Empire Wind Offshore Wind Farm OCS-A 0512

BookletChart. Sacramento River Andrus Island to Sacramento NOAA Chart A reduced-scale NOAA nautical chart for small boaters

BookletChart. Sacramento River Sacramento to Fourmile Bend NOAA Chart A reduced-scale NOAA nautical chart for small boaters

BookletChart. Chesapeake Bay Pocomoke and Tangier Sounds NOAA Chart A reduced-scale NOAA nautical chart for small boaters

Drawbridge Operation Regulation; Oakland Inner Harbor, ACTION: Notice of deviation from drawbridge regulation.

Humboldt Bay Piling Removal

UNDERWATER NOISE, MARINE SPECIES PROTECTION, AND IMPLICATIONS FOR MARINE SURVEYS. Presenter: Denise Toombs Company: ERM

The Canadian Navigable Waters Act

Corps Dredge Plan 2016 Emily Hughes Env Resources, USACE BUILDING STRONG

Introduction to the. Responsible Offshore Development Alliance

(P.27)

2. As such, Proponents of Antenna Systems do not require permitting of any kind from the Town.

ADM-9-03:OT:RR:RD:TC H ARU DEPARTMENT OF HOMELAND SECURITY. U.S. Customs and Border Protection. [Docket No.

BookletChart. Intracoastal Waterway Grassy Key to Bahia Honda Key NOAA Chart A reduced-scale NOAA nautical chart for small boaters

SPECIES PROTECTION CONSTRUCTION Protective Radius

Marine Corps Support Facility-Blount Island: Integrated Natural Resources Program Successes. E2S2 Conference May 12, 2011

Testimony by. Before the. Boston, Mass. July 24, 2002

Rocky Reach Wildlife Forum 2017 Wildlife Monitoring Proposal FINAL

How Automatic Identification System (AIS) Is Being Used to Improve Navigation Safety Lock Operations Management Application Michael Winkler

BookletChart. St. Joseph and Benton Harbor NOAA Chart A reduced-scale NOAA nautical chart for small boaters

Introductory remarks

HDD Wire Guided Waterway Crossing ATON Plan. Youghiogheny River (S122)

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS MARINE CONSERVATION PLAN

BETWEEN. Her Majesty the Queen in Right of Canada, as represented by the Minister of Fisheries and Oceans AND

December 6, Dear Admiral L.L. Fagan, Commander First Coast Guard District United States Coast Guard 408 Atlantic Avenue Boston, MA 02110

Maritime Geo-Fence Letter Report

Baie de L Acul and Approaches (Haiti) NGA Chart A reduced-scale NGA nautical chart for small boaters

Marine Mammal Response on the Texas Coast

SUMMARY: The Coast Guard is declaring Sea Area A1 in certain. areas off the coast of the United States based upon the

ENVIRONMENTAL ASSESSMENT (EA) PROCESS

MARCO Stakeholder Liaison Committee Meeting

NVIC Apr NAVIGATION AND VESSEL INSPECTION CIRCULAR NO Electronic Version for distribution via the World Wide Web

Notice to Mariner No. 213

Written Comment: Sydney Basin and Orpheus Graben Areas

Re: Roberts Bank Terminal 2 Project - consultation approach for marine shipping within the federal environmental assessment process

Route Planning & Cable Route Surveys

United States Coast Guard Office of Navigation Systems

BookletChart. Approaches to Cap-Haitien and Bahia de Monti Cristi NGA Chart A reduced-scale NGA nautical chart for small boaters

Nautical tourism. J. Kasum 1, J. Žanić Mikuličić 2 & K. Božić Fredotović 3. Abstract. 1 Introduction

State of New Jersey Chris Christie, Governor. Dept. of Environmental Protection Bob Martin, Commissioner

BookletChart. Port-au-Prince (Haiti) NGA Chart A reduced-scale NGA nautical chart for small boaters

Goal: Effective Decision Making

Offshore Regulatory Oversight on the U.S. Arctic Outer Continental Shelf

Navigation Systems Division

COASTAL MANAGEMENT ELEMENT

Possible new marine Special Areas of Conservation and Special Protection Areas in Wales

Annex C. DEA Pre-Application Meeting Records

PRODUCTS AND SERVICES FOR THE MARITIME COMMUNITY. Ed Martin, Chief Customer Affairs Branch Navigation Services Division Monday, 27 October, 2008

NATIONAL POLICY ON OILED BIRDS AND OILED SPECIES AT RISK

INGESTION OF JALBTCX ALB DATASET INTO NOAA'S CHART PRODUCTION

CPRNW. WWNWS9/3/3/3.2 Meeting 9 20 July 2017 Agenda Item Joint MET/NAVAREA XVII and XVIII Client Survey

Roberts Bank Terminal 2 Project Field Studies Information Sheet

Old House Channel Bathymetric and Side Scan Survey

Innovating through Technology at the Seaway Even Old Infrastructure Dogs Can Learn New Tricks

National Grid s commitments when undertaking works in the UK. Our stakeholder, community and amenity policy

Guidance for Industry and FDA Staff Use of Symbols on Labels and in Labeling of In Vitro Diagnostic Devices Intended for Professional Use

TITLE V. Excerpt from the July 19, 1995 "White Paper for Streamlined Development of Part 70 Permit Applications" that was issued by U.S. EPA.

Distribution of Piping Plover and Coastal Birds in Relation to Federal Activities on the Southern Coast of Long Island

BUREAU OF LAND MANAGEMENT INFORMATION QUALITY GUIDELINES

CHAPTER 11 PRELIMINARY SITE PLAN APPROVAL PROCESS

New York State Area for Consideration for the Potential Locating of Offshore Wind Energy Areas

December 12, Dear NOAA Family,

Expanded use of Automatic Identification System (AIS) navigation technology in Vessel Traffic Services (VTS) B. J. Tetreault 1

RESOLUTION MEPC.290(71) (adopted on 7 July 2017) THE EXPERIENCE-BUILDING PHASE ASSOCIATED WITH THE BWM CONVENTION

New Jersey Dept. of Environmental Protection Shore Protection Program

Passages Between Acklins Island, Haiti and Caicos Islands NGA Chart A reduced-scale NGA nautical chart for small boaters

Spectrum Allocation and Utilization Policy Regarding the Use of Certain Frequency Bands Below 1.7 GHz for a Range of Radio Applications

Ensuring habitat considerations in beach and shoreline management along Delaware Bay a bay wide perspective.

RESOLUTION MSC.278(85) (adopted on 1 December 2008) ADOPTION OF THE NEW MANDATORY SHIP REPORTING SYSTEM "OFF THE COAST OF PORTUGAL - COPREP"

November 25, Via Electronic Filing

National Association of Environmental Professionals

Donlin Gold Project EIS BIA Tribal Providers Conference December 3, :00 p.m. Dena ina Center Anchorage, Alaska

TOPICS TO BE COVERED. 1) Planning Areas 2) Scoping 3) Public Meetings 4) DRAFT Release 5) Secondary Scoping 6) Final Designation

LT Matthew Forney, NOAA Navigation Manager Alaska Region Bering Strait MaritimeSymposium. Office of Coast Survey

Consultation on Amendments to Industry Canada s Antenna Tower Siting Procedures

4 CONSULTATION WITH INTERESTED AND AFFECTED PARTIES

Spring-Summer Issue 66. The Great Egg Harbor Watershed Association s website has a new look. Check us out.

MOTE NUUUNE LABORATORY MANATEE RESEARCH ACTIVITIES.

BookletChart. Island of O ahu NOAA Chart A reduced-scale NOAA nautical chart for small boaters

Marine Renewable-energy Application

DUGONGS IN ABU DHABI

Wendy Webber Regional Director Northeast Regional Office U.S. Fish and Wildlife Service 300 Westgate Center Drive Hadley, MA

Call for Papers. Special Issue of Journal of Transportation Security. Maritime Security: Current and Future Challenges

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C

The Marine Mammal Protection Act: A Looming Giant For Offshore Permitting. Ryan Steen Stoel Rives LLP October 7, 2015

Aboriginal Consultation and Environmental Assessment Handout CEAA November 2014

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON * * * *

The Marine Managed Areas Inventory of the United States

Government Agency Perspectives & Initiatives Canadian Coast Guard Laurent Tardif, Director, Safe Shipping

How to Conduct a Bridge to Bridge Inspection

An Introduction to KIS-ORCA

.2 Accompany all submissions with a transmittal letter, in duplicate, containing:.4 Specification Section number for each submittal

PRESENTATION TITLE. Regional Sediment Management. Common goals for uncommon results. AAPA Facilities Engineering Seminar October 22, 2015

The Marine Plan for the Isle of Man. Dr Peter McEvoy Marine Spatial Planning Project Officer Isle of Man Government

Central California. 600,000 breeding seabirds + 8 million people (SF Bay Area) Potential for disturbance is high!

CENTER FOR DEVICES AND RADIOLOGICAL HEALTH. Notice to Industry Letters

RESOLUTION MSC.229(82) (adopted on 5 December 2006) ADOPTION OF A NEW MANDATORY SHIP REPORTING SYSTEM "IN THE GALAPAGOS PARTICULARLY SENSITIVE SEA

Scotian Basin Exploration Project - Aspy D11 CEAA Condition #

BookletChart. Cap-Haitien NGA Chart A reduced-scale NGA nautical chart for small boaters

Transcription:

August 8, 2016 U.S. Coast Guard First District C/O Mr. Craig Lapiejko Waterways Management Branch Submitted Via Federal erulemaking Portal Subject: Proposed Anchorage Grounds, Hudson River; Yonkers, NY to Kingston, NY Docket Number USCG 2016 0132 Dear Mr. Lapiejko: As requested per the Federal Register notice of June 9, 2016, we are providing comments on behalf of Champlain Hudson Power Express, Inc. and CHPE Properties, Inc. (collectively, CHPE ) with regard to the new anchorage grounds proposed to be established in the Hudson River between Yonkers, N.Y. and Kingston, N.Y. While CHPE supports the designation of properly sited anchorages, it appears that the locations as currently proposed were hastily selected and that the underlying analysis is inadequate, lacking both a persuasive rationale and an appropriate consideration of current environmental and infrastructure conditions. CHPE Background: CHPE is developing the Champlain Hudson Power Express Project, a high voltage direct current transmission line capable of transferring 1,000 Megawatts of power between Canada and the USA ( the Project ). The Project route runs from the US-Canada border to a new converter station in Astoria, Queens, New York City covering 336 route miles. Approximately 60% of the route (197 miles) involves submarine (underwater) cable installation in lake and river sections, including the Hudson River. The Project has received approvals to place the Project cables in these waterbodies from both the New York State Public Service Commission and the U.S. Army Corps of Engineers ( USACE ). Included in the development of the Project route was a comprehensive consultation with maritime industry representatives, the U.S. Coast Guard ( USCG ), and the U.S. Army Corps of Engineers ( USACE ) regarding navigational concerns. This multi-year effort will conclude with the finalization of a Navigation Risk Assessment ( NRA ) by Intertek, one of the world s leading energy and water consultancy service providers. The NRA includes a sophisticated model that estimates the probability of interaction between river-going vessels and the Project s cables using global, national, and local data, including Hudson River AIS traffic and USCG incident reports.

Because of this recent effort in support of Project permitting, CHPE possesses a robust understanding of navigational issues relating to the Hudson River as well as specific knowledge regarding current conditions along the waterway, and we feel that we are well qualified to raise a number of concerns regarding the anchorage areas suggested by the Maritime Association of the Port of NY/NJ Tug and Barge Committee, the Hudson River Pilot s Association, and the American Waterways Operators (collectively, the Proponents ). Anchorage Site Selection: The coordinates denoted in the Federal Register are essentially identical to those provided in a January 21 st, 2016 letter from the Proponents to RDML Linda Fagan, District Commander of the First Coast Guard District. In this letter, the Proponents cited a December 3 rd, 2015 Marine Safety Information Bulletin ( MSIB ) issued by the USCG warning commercial vessels not to anchor outside of federally designated anchorage grounds in the Hudson River and, as a result of this directive, requesting that the USCG take immediate action to approve/designate the customary anchorage ground currently used in the Hudson River as anchorage areas. To verify that the proposed areas truly represent customary anchorages, CHPE engaged Intertek to cross reference the proposed anchorage areas with data from the Coast Guard s Nationwide Automatic Identification System ( AIS ) traffic data for vessels in the Hudson River. Intertek mapped those locations where vessels remained in the same location for an extended period, indicating that they were anchored. As shown in Figure 1, none of these anchoring events (shown by red dots) in January or July of 2015 took place in the proposed Milton, Marlboro, or Roseton sites. Instead, anchoring appears to be clustering at Clinton Point, in and around an area identified as a cable area on the NOAA navigation charts 1. Although we recognize that vessel traffic information extracted for only two months in one year might be thought of as a snapshot analysis, the relatively short time between the MSIB and the submission of these anchorage areas makes it reasonable to ask whether these sites are actual locations where vessels currently safely anchor or whether they were selected based on some other criteria. We recommend that the USCG conduct a review of AIS vessel traffic data along the Hudson River to ascertain customary anchorage areas based on actual maritime traffic. 1 CHPE has no information as to why the Proponents selected three alternative locations in this area rather than a single location as appears to be the customary practice.

Figure 1: AIS Data for January / July for Proposed Milton, Marlboro, and Roseton Sites Consultation Process: As noted above, the trigger for this proposed rulemaking was a letter sent to the USCG by the Proponents on January 21 st, 2016. The date of this letter is significant inasmuch as, during the following week, CHPE held two meetings with stakeholders along the Hudson River, including representatives of the Proponents. While both the letter of invitation and the presentation invited comments on the location of safe havens and common anchoring areas outside of anchorage zones, the minutes reflect that these areas were not shared with the attendees at these meetings. Instead, CHPE s first formal notification of the specific proposed anchorage locations occurred on March of 15, 2016, when the USACE provided the letter referenced above. This failure to provide this information is troubling inasmuch as it suggests that the level of due diligence conducted in proposing these locations was cursory at best. Not only was CHPE seeking this type of information as part of the development of the NRA, the stakeholder meetings included multiple owners of infrastructure within the Hudson River who may, even at this date, be unaware of the proposed anchorage areas. There may be marina operators, harbor masters,

and other regular waterway users who might wish to weigh in on this process. And, while not strictly a navigational issue, it seems likely to us that the concentration of vessels within these areas may result in a significant increase in noise and lighting for neighboring property owners (particularly if these are in fact new and not customary anchorage areas). None of these organizations or individuals are likely to be regularly scanning the Federal Register in order to obtain information regarding regulatory actions affecting the waterway contiguous to their homes or businesses. We therefore believe that it would be prudent for the USCG to ensure that outreach be conducted with other waterway users (e.g. infrastructure owners, mariners, other vessel operators) and that notification be provided to immediate property owners. We would note that this level of consultation is consistent with the guidance provided by the USACE and USCG in the development of the Project. Infrastructure: We also believe that the proposed anchorage areas need to be reviewed for intersection with existing and permitted infrastructure. As discussed at the outset, CHPE has been engaged in discussions regarding matters of navigation safety for a considerable period of time and has provided routing maps throughout the process. Based on this high level of interaction, we were disappointed to see that all but one of the proposed anchorage areas include at least a portion of our permitted route. The sole exception to this is the proposed Montrose Point anchorage, which is located in Haverstraw Bay (an area that the Project bypasses for environmental concerns). We are at a loss to understand why anchorage areas would be suggested without any outreach by the Proponents to a known project whose route is fully permitted, thus potentially increasing maritime safety concerns. Based on our data 2, it appears that the proposed anchorage areas cross over existing and historic infrastructure as well. While it will require in-water surveys to determine their exact location, the data suggests that the Roseton site has four infrastructure crossings (Figure 2) and that there is infrastructure within or in close proximity to the boundaries provided in the Federal Register for other proposed anchorage areas. We recommend that the USCG complete a thorough review to ensure that anchorage areas are not established over any existing, historic, or proposed infrastructure. 2 These locations were submitted to the USACE and so would have been available upon request.

Figure 2: Utility Crossings at Proposed Roseton Site Environmental Conflicts: As part of the development of the Project, CHPE consulted extensively with NOAA s National Marine Fisheries Service ( NMFS ) regarding Atlantic and shortnose sturgeon, which are federally listed endangered species. Of particular concern was the degree of potential disturbance to habitat for these species, as represented by the New York State Department of State s Significant Coastal Fish and Wildlife Habitat ( SCFWH ) and areas identified by the New York State Department of Environmental Conservation ( NYSDEC ) as important habitat for these species ( Exclusion Zones ). Based on the use of construction windows, which avoid spawning and migratory patterns, and the relatively short periods of disruption, the state and federal agencies concurred there would be no significant impacts arising out of cable installation or maintenance. In contrast to the informal anchoring that currently occurs along the Hudson River, the establishment of formal anchorage areas will tend to concentrate anchor drops in these areas of the river. In their January 21, 2016 letter, the Proponents suggest that [T]rade will increase on the Hudson River significantly over the next few years with the lifting of the ban on American

Crude exports for foreign trade 3, suggesting there may be more heavy anchors in the future. In reviewing the location of the proposed anchorage areas, it appears that all but one (Newburgh) intersect with SCFWH and/or Exclusion Zones. We recommend the USCG review these proposed areas with the NMFS and the NYSDEC to determine if the action of designating these new anchorage areas would trigger consultation under Section 7 of the Endangered Species Act. Marlboro Anchorage: The coordinates provided in the Federal Register for the proposed Marlboro site are identical to those in the January 21 st, 2016 letter sent to the USCG by the Proponents. However, when mapped out (Figure 3), those coordinates do not correspond to the map provided in the Proponents letter (Figure 4) and, in fact, point #2 as referenced is located on land. This discrepancy may appear on the surface to be a simple housekeeping matter, but it goes to the level of care which went into preparing the request of the Proponents. Further, the known location of a sewer line to the east of the proposed anchorage area makes the exact location of this point critical for understanding impacts. We recommend the USCG confirm the location of each point of the proposed anchorage areas. Figure 3: Proposed Marlboro Anchorage based on Federal Register Coordinates 3 CHPE is not convinced that this significant increase will occur based on available data but upon the advice of members of the maritime community has proceeded in the development of the NRA as if this event were going to occur for the purposes of due diligence.

Figure 4: Proposed Marlboro Anchorage based on 1/21/2016 Letter Enforcement: The triggering event for this proposed rulemaking, MSIB 2015-014, reminded commercial vessel operators that 33 CFR 110.155(1)(2) states, Except in cases of great emergency, no vessel shall be anchored in navigable waters of the Port of New York outside of the anchorage areas established in this section. The document further stated that, under current regulations, if a vessel must anchor due to an emergency, the operator should contact the USCG to inform it of the nature of the emergency. Yet in a February 9, 2016 letter to the USACE, the Hudson River Pilots Association stated that anchoring outside of designated anchorage areas on the Hudson River is common practice.

In order to achieve the goal of safer and more efficient flow of vessel traffic, any new anchorage areas must actually be utilized by the commercial vessels and their attending tug, tow, and/or push boats. It appears that vessels are currently not adhering to existing regulations. Therefore, we recommend that, whether or not any new anchorage areas are to be designated as part of this rulemaking process, the USCG should consider development and implementation of a plan to enforce existing navigation rules. Conclusion: Over the past seven years, CHPE has endeavored to develop a project which addresses the navigation concerns regarding the Hudson River which have been raised by regulatory agencies and members of the maritime community. Countless hours have been spent collecting, analyzing, and synthesizing data related to this waterbody, giving all involved a thorough understanding of existing conditions. We support the designation of properly sited anchorage areas within the river, but we feel that the Proponents have not planned appropriately with regard to known infrastructure or environmental resource constraints in the locations proposed. Our preliminary review raises questions as to even whether these proposed areas represent actual anchorages in practice. Under the circumstances that prevail today, we strongly object to the proposed anchorage areas as laid out in the Federal Register and request that the USCG implement each of the recommended steps above as part of any future action on this issue. Further, given the issues discussed above as well as the misplaced boundary point for the proposed Marlboro Anchorage, we request that the action be re-noticed in the Federal Register and that a substantial comment period be afforded to the public. Thank you for giving us the opportunity to comment on this matter and please feel free to contact me if you have any follow-up questions. Respectfully, Gene Martin President and Chief Operating Officer