joint application for permits · 2020-07-01 · nps national park service nrd natural resource...

Prepared for: Prepared by:BASF AECOMFlorham Park, NJ Chelmsford, MA

Project 60323713April 2020

Joint Application for Permits

BASF Rensselaer: Hudson River WetlandEnhancement ProjectFormer BASF Facility, Rensselaer, NY

Prepared for: Prepared by:BASF AECOMFlorham Park, NJ Chelmsford, MA

Project 60323713April 2020

Joint Application for Permits

BASF Rensselaer: Hudson River WetlandEnhancement ProjectFormer BASF Facility, Rensselaer, NY

U.S. Army Corps of EngineersSection 404 of the Clean Water ActSection 10 of the Rivers and Harbors ActNationwide Permit 27

New York State Department of EnvironmentalConservationSection 401 of Clean Water Act - Water Quality CertificationArticle 15 New York State Environmental Conservation Law – Protection of Waters

New York State Office of General ServicesArticle 6 New York State Public Lands Law – State Owned Lands Under Water

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BASF Rensselaer: Hudson River Wetland Habitat Enhancement Project, Former BASF Facility, Rensselaer, NY April 2020

ContentsJoint Application Form

PCN Required Information

Joint Application Narrative

1.0 Introduction ............................................................................................................ 1-11.1 Project Background and Overview ............................................................................ 1-1

2.0 Existing Conditions ................................................................................................ 2-12.1 Wetlands ................................................................................................................. 2-1

2.2 Threatened and Endangered Species ....................................................................... 2-1

2.3 Historical and Archeological Resources .................................................................... 2-1

3.0 Project Description ................................................................................................ 3-13.1 Intertidal Zone Wetland Creation and Enhancement .................................................. 3-1

3.2 Bank Enhancements ................................................................................................ 3-1

3.3 Riparian/Riverfront Zone Habitat Enhancement ......................................................... 3-1

3.4 Stormwater Pond Enhancements and Connectivity ................................................... 3-1

3.5 Environmental Controls and BMPs ........................................................................... 3-13.5.1 Erosion and Sedimentation Controls ........................................................... 3-1

4.0 Monitoring and Maintenance ................................................................................. 4-24.1 Monitoring ................................................................................................................ 4-2

4.2 Maintenance ............................................................................................................ 4-2

5.0 Regulatory Compliance ......................................................................................... 5-15.1 Federal Compliance ................................................................................................. 5-1

5.1.1 Section 404 and Section 10 Compliance ..................................................... 5-15.1.2 Section 401 Water Quality Certification ....................................................... 5-25.1.3 Coastal Zone Management Act Consistency ............................................... 5-35.1.4 NYSDEC Protection of Waters .................................................................... 5-3

6.0 References ............................................................................................................. 6-1

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AppendicesFigures

Appendix A Photographic Log

Appendix B NOAA Fisheries / Essential Fish Habitat Assessment

Appendix C Endangered Species Act Section 7 Consultation Supporting Information

Appendix D New York State Office of Parks, Recreation and Historic PreservationCorrespondence

Appendix E Project Plans - Existing Conditions, Proposed Wetland Creation Area and RiparianEnhancement Plan, Cross Sections, Erosion and Sedimentation Control Plan andDetails

Appendix F Permission to Inspect Property

Appendix G List of Abutting Properties

Appendix H Short Environmental Assessment Form

Appendix I Federal Consistency Assessment Form

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List of TablesTable 1. Wetland and Riparian Habitat Zones and Proposed Plant Species

Table 2. Riverine/Wetland/Riparian Zone Functional Enhancement Assessment Table

List of FiguresFigure 1. Site Locus Map

Figure 2. Project Area

Figure 3 Proposed Wetland Creation Area and Riparian Enhancement Plan

Figure 4 Proposed Vegetation Monitoring Plot Locations

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List of AcronymsBASF BASF CorporationBMP Best Management PracticesCFR Code of Federal RegulationCG Coast GuardCO Order on ConsentCWA Clean Water ActCY Cubic YardCZ Coastal ZoneCZMA Coastal Zone Management ActECL Environmental Conservation LawEFHA Essential Fish Habitat AssessmentERM Environmental Resource MapperESA Endangered Species ActFCAF Federal Consistency Assessment FormFS Feasibility StudyHudson River OU-2 Hudson River area adjacent to OU-1 uplands, including the OU-2SMAJAP Joint Application for PermitMHW Mean High WaterMLW Mean Low WaterNAVD National Vertical DatumNMFS National Marine Fisheries ServiceNOAA National Oceanic and Atmospheric AdministrationNPS National Park ServiceNRD Natural Resource DamagesNWP Nationwide PermitNYCRR New York Code of Rules and RegulationsNYNHP New York Natural Heritage ProgramNYS New York StateNYSDEC New York State Department of Environmental ConservationOPRHP Office of Parks, Recreation, and Historic PreservationOU Operable UnitPCB Polychlorinated BiphenylPCN Pre-Construction NotificationRDWP Remedial Design Work PlanRI Remedial InvestigationRM River MileSAV Submerged Aquatic VegetationSEAF Short Environmental Assessment FormSEQR State Environmental Quality ReviewSHPA State Historic Preservation ActSHPO State Historic Preservation OfficeSite Former BASF Facilitysq. ft. Square FeetSUNY State University of New York

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TOY Time of YearUS United StatesUSACE United States Army Corps of EngineersUSEPA United States Environmental Protection AgencyUSFWS United States Fish & Wildlife ServiceWQC Water Quality Certification

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Joint Application Form

JOINT APPLICATION FORMFor Permits for activities activities affecting streams, waterways, waterbodies, wetlands, coastal areas, sources of water,and endangered and threatened species.

You must separately apply for and obtain Permits from each involved agency before starting work. Please readall instructions.

1. Applications To:N S Department of Environmental Conservation Check here to confirm you sent this form to NYSDEC.

Check all permits that apply: Dams and Impound-ment Structures

401 Water QualityCertification

Freshwater Wetlands

Tidal Wetlands

Wild, Scenic andRecreational Rivers

Coastal ErosionManagement

Water Withdrawal

Long Island Well

Incidental Take ofEndangered /Threatened Species

Stream Disturbance

Excavation and Fill inNavigable Waters

Docks, Moorings orPlatforms

US Army Corps of Engineers Check here to confirm you sent this form to USACE.Check all permits that apply: Section 404 Clean Water Act Section 10 Rivers and Harbors ActIs the project Federally funded? Yes No

If yes, name of Federal Agency:General Permit Type(s), if known:Preconstruction Notification: Yes No

NY Office of General Services Check here to confirm you sent this form to NYSOGS.Check all permits that apply:

State Owned Lands Under WaterUtility Easement (pipelines, conduits, cables, etc.) Docks, Moorings or Platforms

NY Department of State Check here to confirm you sent this form to NYSDOS.Check if this applies: Coastal Consistency Concurrence

2. Name of Applicant Taxpayer ID (if applicant is NOT an individual)

Mailing Address Post Office / City State Zip

Telephone EmailApplicant Must be (check all that apply): Owner Operator Lessee

3. Name of Property Owner (if different than Applicant)


Telephone Email

For Agency Use Only Agency Application Number:

JOINT APPLICATION FORM 08/16 Page 1 of 4

NWP #27 Aquatic Habitat Restoration

BASF Corp. (Attn: Charles Waltz, Site Manager) DE 149145247

100 Park Avenue Florham Park NJ 07932

(973) 245-6000 [email protected]

Same as Applicant

JOINT APPLICATION FORM – Continued. Submit this completed page as part of your Application.

4. Name of Contact / Agent


Telephone Email

5. Project / Facility Name Property Tax Map Section / Block / Lot Number:

Project Street Address, if applicable Post Office / City State ZipNY

Provide directions and distances to roads, intersections, bridges and bodies of water

Town Village City County Stream/Waterbody Name

Project Location Coordinates: Enter Latitude and Longitude in degrees, minutes, seconds:Latitude: ' " Longitude: ' "

6. Project Description: Provide the following information about your project. Continue each response and provideany additional information on other pages. Attach plans on separate pages.

a. Purpose of the proposed project:

b. Description of current site conditions:

c. Proposed site changes:

d. Type of structures and fill materials to be installed, and quantity of materials to be used (e.g., square feet ofcoverage, cubic yards of fill material, structures below ordinary/mean high water, etc.):

e. Area of excavation or dredging, volume of material to be removed, location of dredged material placement:

f. Is tree cutting or clearing proposed? Yes If Yes, explain below. NoTiming of the proposed cutting or clearing (month/year):Number of trees to be cut: Acreage of trees to be cleared:


John Bleiler

AECOM, 250 Apollo Drive Chelmsford MA 01824

(978) 905-2124 [email protected]

Former BASF Facility - Rensselaer 154/5/2.3

36 Riverside Avenue Rensselaer 12144

The site is located on the easterly bank of the Hudson River approximately 148 River Miles (RM) north of the New York Harbor and 10 RM below the Federal Dam in Troy.

City of Rensselaer Rensselaer Hudson River

73 45 3W 42 37 47.4N

The purpose of the project is to improve overall habitat conditions, provide greater connectivity between riverine and terrestrial habitats, and contribute to the habitat requirements of the northern map turtle (Graptemys geographica).

The Project area is an approximately 0.17-acre area which includes a bulkheaded section of the Hudson River shoreline, asmall non-bulkheaded segment of the Hudson River scattered with considerable concrete debris and rubble, vegetateduplands with mature trees, and a 0.5-acre constructed stormwater pond. Currently, existing conditions provide minimalwildlife habitat and limited wildlife access between the river edge and the upland areas.

The proposed riverine/wetland/riparian zone enhancement plan comprises 0.17 acres of habitat enhancements within thetidal zone of the Hudson River, creation of fringe intertidal wetland along the river’s edge, and additional habitatenhancements in the riparian zone to improve overall habitat conditions, provide greater connectivity between riverine andterrestrial habitats, and contribute to the habitat requirements of the northern map turtle (Graptemys geographica).

Excavation of portions of tidal and upland areas for the proposed construction of the 0.17 acre wetland creation area. The

area of excavation proposed below the existing MHW line is 4,950 SF. The amount of fill proposed from the placement of

wooden piles along the bulkhead in the existing MHW line of the river is 18 CY.

No dredging is proposed. Excavation in 0.17 acres of existing intertidal and upland area.

The area of excavation proposed below the existing MHW line is 4,950 SF. The volume of material to be excavated is 260 CY. The excavated material will not be discharged to the river or any wetlands and will be disposed in an upland area.

To Be Determinedapprox. 10 0.17 acres

JOINT APPLICATION FORM – Continued. Submit this completed page as part of your Application.

g. Work methods and type of equipment to be used:

h. Describe the planned sequence of activities:

i. Pollution control methods and other actions proposed to mitigate environmental impacts:

j. Erosion and silt control methods that will be used to prevent water quality impacts:

k. Alternatives considered to avoid regulated areas. If no feasible alternatives exist, explain how the project willminimize impacts:

l. Proposed use: Private Public Commercial

m. Proposed Start Date: Estimated Completion Date:

n. Has work begun on project? Yes If Yes, explain below. No

o. Will project occupy Federal, State, or Municipal Land? Yes If Yes, explain below. No

p. List any previous DEC USACE Permit / Application numbers for activities at this location:

q. Will this project require additional Federal, State, or Local s, including zoning changes?

Yes If Yes, list below. No


Excavation is proposed to construct the proposed wetland creation area that will then be a regulated tidal wetland areaafter project completion. Impacts will be minimized through use of BMPs including a sediment curtain in the river adjacentto the shoreline and compost filter tubes in upland areas at the upper limit of the wetland creation area.

Summer 2020 Fall 2020

The proposed project will be located partially within the tidally influenced portion of river near the existing bulkhead within

underwater lands of the State of New York.

USACE NWP 38 permit number NAN-2018-00411-M1 (for remediation dredging)

Excavation by use of a backhoe or excavator. Excavated material to be removed by dumptruck. Wetland soil backfill delivered

by dumptruck and placement of wetland soil in the wetland creation area by use of a backhoe or excavator.

Sediment curtain to be placed in river and silt fence and straw bales to be placed in upland.

Excavation by use of a backhoe or excavator. Excavated material to be removed by dumptruck. Wetland soil backfill delivered

by dumptruck and placement of wetland soil in the wetland creation area by use of a backhoe or excavator.

Sediment curtain to be placed in river and silt fence and straw bales to be placed in upland.

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PCN Required Information

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Information Required for a Pre-Construction Notification(1) Name, address and telephone numbers ofthe prospective permittee;

BASF Corp. (Attn: Charles Waltz)100 Park Avenue, Florham Park, NJ 07932(973) 245-6000

(2) Location of the proposed activity; Former BASF Facility – Rensselaer36 Riverside AvenueRensselaer, NY 12144

(3) Identify the specific NWP or NWP(s) theprospective permittee wants to use to authorizethe proposed activity;

Nationwide Permit #27 - Aquatic HabitatRestoration, Enhancement, and EstablishmentActivities

(4) A description of the proposed activity; theactivity’s purpose; direct and indirect adverseenvironmental effects the activity would cause,including the anticipated amount of loss ofwetlands, other special aquatic sites, and otherwaters expected to result from the NWPactivity, in acres, linear feet, or otherappropriate unit of measure; a description ofany proposed mitigation measures intended toreduce the adverse environmental effectscaused by the proposed activity; and any otherNWP(s), regional general permit(s), orindividual permit(s) used or intended to be usedto authorize any part of the proposed project orany related activity, including other separateand distant crossings for linear projects thatrequire Department of the Army authorizationbut do not require pre-construction notification.The description of the proposed activity andany proposed mitigation measures should besufficiently detailed to allow the district engineerto determine that the adverse environmentaleffects of the activity will be no more thanminimal and to determine the need forcompensatory mitigation or other mitigationmeasures. For single and complete linearprojects, the PCN must include the quantity ofanticipated losses of wetlands, other specialaquatic sites, and other waters for each singleand complete crossing of those wetlands, otherspecial aquatic sites, and other waters.Sketches should be provided when necessaryto show that the activity complies with the termsof the NWP. (Sketches usually clarify theactivity and when provided results in a quickerdecision. Sketches should contain sufficientdetail to provide an illustrative description of theproposed activity (e.g., a conceptual plan), butdo not need to be detailed engineering plans);

This project includes both upland and riverineintertidal enhancements. With respect to theareas subject to permit, BASF is proposing ariverine/wetland/riparian zone enhancement planinvolving the creation of 0.17 acres of fringeintertidal wetland along the river’s edge, andadditional habitat enhancements in the riparianzone to improve overall habitat conditions,provide greater connectivity between riverineand terrestrial habitats, and contribute to thehabitat requirements of the northern map turtle(Graptemys geographica). The area ofproposed excavation below the existing meanhigh water (MHW) line is 4,950 square feet (SF)and the amount of proposed fill is 18 cubic yards(CY).

Additional specific information, Project figures,and drawings of the proposed Project areas areprovided with the Joint Application for Permitnarrative.

(5) The PCN must include a delineation ofwetlands, other special aquatic sites, and other

A site visit conducted by AECOM in July 2015and also in late 2019 confirmed no vegetated

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Information Required for a Pre-Construction Notificationwaters, such as lakes and ponds, andperennial, intermittent, and ephemeral streams,on the project site. Wetland delineations mustbe prepared in accordance with the currentmethod required by the Corps. The permitteemay ask the Corps to delineate the specialaquatic sites and other waters on the projectsite, but there may be a delay if the Corps doesthe delineation, especially if the project site islarge or contains many wetlands, other specialaquatic sites, and other waters. Furthermore,the 45 day period will not start until thedelineation has been submitted to or completedby the Corps, as appropriate;

jurisdictional wetland resources occur on oradjacent to the site. Tidal wetlands are notpresent along the Hudson River shoreline/edgeof the bank.

(6) If the proposed activity will result in the lossof greater than 1⁄10-acre of wetlands and aPCN is required, the prospective permitteemust submit a statement describing how themitigation requirement will be satisfied, orexplaining why the adverse environmentaleffects are no more than minimal and whycompensatory mitigation should not berequired. As an alternative, the prospectivepermittee may submit a conceptual or detailedmitigation plan.

The proposed project is a wetland enhancementand creation project and will not result in a lossof wetlands.

(7) For non-Federal permittees, if any listedspecies or designated critical habitat might beaffected or is in the vicinity of the activity, or ifthe activity is located in designated criticalhabitat, the PCN must include the name(s) ofthose endangered or threatened species thatmight be affected by the proposed activity orutilize the designated critical habitat that mightbe affected by the proposed activity. For NWPactivities that require pre-constructionnotification, Federal permittees must providedocumentation demonstrating compliance withthe Endangered Species Act.

Shortnose and Atlantic sturgeon are expected tobe in the upper Hudson River at certain times ofthe year. The proposed project area does notcontain a hard-bottom substrate (e.g., rock,cobble, gravel, limestone, boulder, etc.) which istypically utilized for settlement of fertilized eggs,refuge, growth, and development of early lifestages, and as such, it is not anticipated thatsturgeon will be present in the intertidal workarea.

(8) For non-Federal permittees, if the NWPactivity might have the potential to causeeffects to a historic property listed on,determined to be eligible for listing on, orpotentially eligible for listing on, the NationalRegister of Historic Places, the PCN must statewhich historic property might have the potentialto be affected by the proposed activity orinclude a vicinity map indicating the location ofthe historic property. For NWP activities thatrequire pre-construction notification, Federalpermittees must provide documentation

The New York State Historic Preservation Office(SHPO) recently reviewed an application forinstallation of 520 feet of new steel bulkhead atthe BASF property in accordance with Section106 of the National Historic Preservation Act of1966. The SHPO determined that no historicproperties would be affected by the project. TheJuly 6, 2017 SHPO response is included in thispermit application.

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Information Required for a Pre-Construction Notificationdemonstrating compliance with section 106 ofthe National Historic Preservation Act;(9) For an activity that will occur in a componentof the National Wild and Scenic River System,or in a river officially designated by Congressas a ‘‘study river’’ for possible inclusion in thesystem while the river is in an official studystatus, the PCN must identify the Wild andScenic River or the ‘‘study river’’ (see generalcondition 16); and

The proposed project would not occur in acomponent of the National Wild and ScenicRiver System, or in a river officially designatedby Congress as a ‘‘study river.’’

(10) For an activity that requires permissionfrom the Corps pursuant to 33 U.S.C. 408because it will alter or temporarily orpermanently occupy or use a U.S. Army Corpsof Engineers federally authorized civil worksproject, the pre-construction notification mustinclude a statement confirming that the projectproponent has submitted a written request forsection 408 permission from the Corps officehaving jurisdiction over that USACE project.

The proposed ecological enhancement project isnot located within the Hudson River federalnavigation channel

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Joint Application for Permit Narrative

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1.0 Introduction

This Joint Application for Permit (JAP) has been prepared by AECOM Technology Services Inc.(AECOM) on behalf of BASF Corporation (BASF) for the implementation of a riverine/wetland/riparianzone enhancement plan to create improved habitat along the Hudson River (hereinafter “NRDProject”). The NRD Project includes habitat enhancements within the tidal zone of the Hudson River,creation of 0.17 acres of fringe intertidal wetland along the river’s edge, and additional habitatenhancements in the riparian zone to improve overall habitat conditions, provide greater connectivitybetween riverine and terrestrial habitats, and contribute to the habitat requirements of the northernmap turtle (Graptemys geographica). The NRD Project is located adjacent to BASF’s former facility at36 Riverside Avenue, Rensselaer, NY (the Site) (Figure 1).

Given that this project includes both upland and riverine intertidal enhancements, the project narrativedescribes the project in its entirety, to provide context regarding overall habitat and landscapeimprovements proposed as part of this project; however, the regulatory boundary for Waters of theU.S. and New York only include those proposed work activities up to the limit of the mean high water(MHW) line of approximately 3.8 feet (National Vertical Datum 1988 - NAVD 88). The area ofproposed excavation below the existing mean high water (MHW) line is 4,950 square feet (SF) andthe amount of proposed fill is 18 cubic yards (CY), resulting in a New York State Department ofEnvironmental Conservation (NYSDEC) minor project.

The NRD Project will be constructed following completion of BASF’s ongoing sediment remediationproject, which is being conducted under the jurisdiction of the New York State (NYS) InactiveHazardous Waste Disposal Site Program (Title 6 NYCRR Part 375), or the State Superfund Program,under the direction of the NYSDEC Remedial Project Manager.

The NRD Project is a stand-alone project to be conducted above and beyond the restoration elementsrequired under the Remedial Action Work Plan (AECOM 2017). Per the NYSDEC’s February 10, 2020letter, the NRD Project shall constitute the entirety of the work that BASF is required to perform insatisfaction of the final restoration plan pursuant to the 2013 Order on Consent and AdministrativeSettlement Index # CO – 4-20130805-101 (AOC). BASF previously received permit authorizationfrom the U.S. Army Corps of Engineers (permit number NAN -2018-00411-M1) under NationwidePermit (NWP) 38 for the overall project remediation. This JAP for the proposed wetland enhancementproject is being submitted under NWP 27 for Aquatic Habitat Restoration, Enhancement andEstablishment Activities. This proposed project work is anticipated to occur in the summer of 2020.

1.1 Project Background and OverviewOver the course of the past decade, BASF completed a remedial investigation/feasibility study (RI/FS)of the former manufacturing facility in Rensselaer, New York under the direction of the NYSDEC since2001. Remedial actions were established in a February 23, 2017 Order on Consent andAdministrative Settlement (Index No. 4-20160516-98) between NYSDEC and BASF Corporation andwere conducted in accordance with the New York State Environmental Conservation Law and Title6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR)Part 375.

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There are two Operable Units (OUs) associated with the BASF Rensselaer facility:

· OU-1 consists of the upland portions of the Site; and,

· OU-2 includes off-Site areas, including the Hudson River adjacent to and downstream of theSite.

Remediation of OU-1 has been completed and remediation of OU-2 Hudson River sediments is wellunderway (impacted sediment has been removed from the river, the Site has been backfilled, andfinal restoration activities for the remediation will be conducted in the summer of 2020). Asdiscussed, the NRD project would occur within OU-2 and would be in addition to the restorationelements required under BASF’s OU-2 Remedial Action Work Plan.

Per the AOC, BASF has funded a long-term study of northern map turtle habitat under the direction ofDr. James Gibbs, State University of New York (SUNY) College of Environmental Science andForestry. The study has identified key habitat attributes for map turtles along the Hudson River in thevicinity of the Site. Based on this information, it is apparent that there are map turtle habitat limitationswithin the Site, including limited nesting, basking, and foraging opportunities. Specifically, the existingbulkheaded and armored river bank, lack of palustrine wetland complexes, limited foraging areas, andlack of basking habitat preclude map turtles from using the Site.

The proposed wetland enhancement project identified herein has been designed in conjunction withthe SUNY study to help fill the habitat needs for this species, while simultaneously addressing abroader lack of uplands/river ecological continuity in the area.

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2.0 Existing Conditions

The Site is located along and adjacent to the Hudson River, approximately 148 river miles (RM)north of New York Harbor, and 10 RM below the Federal Dam in Troy. The Hudson River is tidalbelow the Federal Dam and the MHW level at the site within the area of this project is 3.8 feet(NAVD 88) (NOAA 2020). Representative photographs of the site are included in Appendix A.

The Hudson River is maintained by the U.S. Army Corps of Engineers (USACE) for commercialnavigation from New York City to the Port of Albany, at RM 148. However, none of the proposedproject area lies within the USACE navigational channel (Figure 2). Approximately 1,200 feetdownstream of the southern Site boundary is a turning basin maintained by the Port of Albany.The Hudson River within the NRD Project area is a Class C (class and standard) stream and isnot a protected trout stream under the New York State Protection of Waters program.

Currently, existing conditions (i.e., sheet pile bulkhead bordering the Hudson River and concretedebris in the intertidal zone at the southern non-bulkheaded portion of the Site) provide minimalwildlife habitat and prevent free wildlife access between the river edge and the upland areas.

The Existing Conditions Plan (Plan Sheet 1) in Appendix E provides a plan view overview of theexisting conditions of the Project area and individual resource areas are discussed detail below.

2.1 WetlandsNo tidal wetlands are currently present along the Hudson River shoreline/edge of the bulkhead. Sitevisits conducted in July 2015 and late 2019 by AECOM confirmed no naturally occurring State-Regulated Freshwater Wetlands resources are located within OU-1 or OU-2. Further, the project areais located wholly outside of the NYS Freshwater Wetland Checkzone, or the 100-foot buffer zonesurrounding known freshwater wetland features.

2.2 Threatened and Endangered SpeciesSeveral state and federally listed species of interest may be present in the vicinity of the HudsonRiver including the shortnose sturgeon (Acipenser brevirostrum), a state- and federally-listedendangered species; Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), a federally endangeredspecies; and bald eagle (Haliaeetus leucocephalus), a state-threatened species. Consultation hasbeen initiated with NYSDEC and NOAA regarding Shortnose and Atlantic Sturgeon. Detailedinformation regarding these species is presented in the Essential Fish Habitat (EFH) Assessment inAppendix B, and BASF has worked closely with the state and federal trustees and agencies to ensurethat ongoing remedial efforts have been conducted without impact to sturgeon.

2.3 Historical and Archeological ResourcesReview of the National Register of Historic Places, the National Historic Landmarks Documentation,and the New York’s State and National Registers of Historic Places Document Imaging Project(accessed October 23, 2014) indicated that seven federally listed resources are located within the Cityof Rensselaer and over sixty federally listed resources are located within the City of Albany (NPS,2014 and NYS OPRHP, 2006). However, additional desktop research indicated that these resources

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are not collocated at the Site. No evidence of underwater archeology in the project area was foundthrough the online research.

AECOM has previously coordinated with the NYS SHPO for the overall remediation project and haspreviously filed a Project Review Cover Form, and the SHPO recently in 2017 determined that nohistoric properties will be affected. A copy of the SHPO response can be found in Appendix D.

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3.0 Project Description

BASF is proposing a NRD Project that will include riverine/wetland/riparian zone enhancement at thesouthern end of the Site. The plan includes creation of 0.17 acre of fringe intertidal wetland along theriver’s edge and additional habitat enhancements in the riparian zone to improve overall habitatconditions, provide greater connectivity between riverine and terrestrial habitats, and contribute to thehabitat requirements of the northern map turtle. The area of proposed excavation below the existingMHW line is 4,950 SF and the amount of proposed fill is 18 CY, resulting in a minor project. Each ofthe habitat components of the plan are described further below. The Proposed Wetland Creation Areaand Riparian Enhancement Plan (Plan Sheet 2 in Appendix E) provides a plan view overview of theProject and Plan Sheets 3 and 4 in Appendix E provide cross sections of key areas/elements of thedesign.

3.1 Intertidal Zone Wetland Creation and EnhancementCreation of an approximate 0.17-acre fringe marsh/shrub swamp is proposed within the intertidalzone (elevation approximately -1 to +4 feet). This is a resource type that does not currently exist atthe Site and that is very limited along the industrialized section of the Hudson River upstream anddownstream of the Site. Creation of this resource area will directly link Hudson River ecology to theupland portions of the Site, as well as provide opportunity for ongoing and future educationalprogramming and map turtle conservation efforts. The intertidal marsh wetlands would provideapproximately 7,300 square feet of new wetland. Three intertidal wetland habitat types are proposed:2,080 square feet of deep marsh in the lower intertidal zone (elevation -1 to +1 feet); 3,560 squarefeet of shallow marsh in the mid-intertidal zone (elevation +1 to +3 feet); and 1,660 square feet ofshrub swamp fringe wetland along the mean high tide line (elevation 3-4 feet). A list of the proposedplantings is provided in Table 1.

Creation of a fringe wetland system in this area will provide a stable and ecologically valuableconnection between terrestrial and riverine habitats, promote recovery of a vegetated shoreline in anarea with virtually no extant fringe wetland habitat, and provide habitat and increase dissolvedoxygen for native and migratory fish and intertidal organisms.

Wooden piles, spaced approximately 20 feet apart, will be placed along the existing bulkheadadjacent to the river to provide shoreline protection from ice flow and associated shear stress alongthe river during seasonal times of the year. Floating turtle basking platforms (turtle rafts) will also beattached to some of the proposed piles to provide areas of basking habitat. In addition, a series ofgroupings of root wads will be placed along the side of the bulkhead to provide a critical habitatfeature for the northern map turtle.

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Table 1: Wetland and Riparian Habitat Zones and Proposed Plant SpeciesHabitat Zone & Elevation Proposed Plantings (species) Number of Plants1

Common Name Scientific Name

Deep Marsh Low IntertidalZone (-1 to +1 ft)

(2,080 SF)

Arrow arumPickerelweedWild riceHudson ArrowheadBulrushMud-PlantainSpatterdock

Peltandra virginicaPontedaria cordataZizania aquaticaSagittaria subulataScirpus pungensHeteranthera reniformisNuphar advena

90909090909090

Shallow Marsh Mid-IntertidalZone (+1 to +3 ft)

(3,560 SF)

Broad-leaved ArrowheadSpikerushNarrow-leaved CattailBulrushRiver BulrushSweet FlagSoft RushBur-Reed

Sagittaria latifoliaEleocharis palustrisTypha angustifoliaScirpus validusScirpus fluviatilisAcorus calamusJuncus effususSparganium eurycarpum

130130130130130130130130

Shrub Swamp Fringe Zone(+3 to +4 ft)(1,665 SF)

Silky DogwoodArrowwodBebb’s WillowSandbar WillowButtonbushEastern CottonwoodSilver MapleBlack Willow

Cornus amomunViburnum dentatumSalix bebbiannaSalix exiguaCephalanthus occidentalisPopulus deltoidsAcer saccharinumSalix nigra

1010101010101010

Upland Riparian Buffer Zone(>4 ft)

(31,305 SF)

Eastern CottonwoodSilver MapleRed-osier DogwoodChokeberryNannyberryRed CedarWhite PineBlack Cherry

Populus deltoidsAcer saccharinumCornus sericeaPyrus melanocarpaViburnum lentagoJuniperus virginianaPinus strobusPrunus serotina

3232

482482482323232

1: Deep marsh plantings are proposed at two feet on-center Shallow marsh plantings are proposed at two feet on-center Shrub wetland plantings are proposed at five feet on-center Upland riparian buffer zone tree plantings are proposed at fifteen feet on-center and shrub plantings at five feet on center

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3.2 Bank EnhancementsAlthough portions of the existing bank along the river are not jurisdictional, this proposed work isdiscussed herein to provide context of the overall habitat and landscape improvements proposed aspart of this project. The existing bank between the high tide line (elevation 4 feet) up to the top ofslope is degraded and not easily accessible by wildlife. This bank is steep and contains large rip rap,asphalt, and concrete debris, as well as some limited woody vegetation. BASF proposes to re-gradethis area as a gently terraced slope and revegetate the bank to better connect the riverine habitatand the newly installed intertidal fringe wetland with the upland areas.

Two distinct vegetated swales will be created and will meander down the embankment at a gentleslope of 4:1 to facilitate the movement of wildlife between the riverine edge and the upper riparianzone. In particular, the target species of these vegetated swales is the northern map turtle, with theintent of creating a passage corridor to two sandy nesting pits which will be created and situatedalongside the vegetated swales near the top of the slope. The enhanced bank habitat will beengineered to receive overflow water from the 0.5-acre pond area. Overflow from the pond willprovide a water source to support mesic habitat conditions in the swales, creating ecologicalcontinuity between the riverine and upland habitats, and would potentially be used by birds,amphibians, reptiles, and small mammals. Currently, the existing steep, partially armored bank andconsiderable concrete debris in the intertidal zone do not allow for free wildlife movement betweenthe river edge and the non-jurisdictional upland areas.

3.3 Riparian/Riverfront Zone Habitat EnhancementAlthough the proposed riparian/riverfront zone habitat enhancement is located in a non-jurisdictional area, this proposed work is discussed herein to provide context of the overall habitatand landscape improvements proposed as part of this project. In 2010, BASF planted a 50-footwide buffer at the top of the bulkhead with a mixture of native shrub and tree species to replicate anatural riverfront buffer; however, much of this area has since been disturbed by the recentlycompleted remediation. Riparian and riverfront buffers serve as natural filters for water, criticalhabitat for many semi-aquatic species and as shade for nearshore riverine organisms. The currentplan includes additional riparian buffer plantings to contribute to the ecological nexus between theriver and the non-jurisdictional riparian zone. Table 1 provides a listing of shrubs and treesproposed to be planted in this riparian zone. This buffer will become increasingly valuable over timeas a water quality buffer and as habitat grows and becomes denser. It is anticipated that this bufferwill be used by both upland species and semi-aquatic species of birds, amphibians, reptiles, andmammals. Organisms will be able to move freely between the river and the upland buffer throughthe existing wooded waterfront section at the southern end of the site and the wildlife rampdescribed above.

3.4 Stormwater Pond Enhancements and ConnectivityAlthough the proposed stormwater pond enhancement is located in a non-jurisdictional area, thisproposed work is discussed herein to provide context of the overall habitat and landscapeimprovements proposed as part of this project. As part of a previous remedial action by BASF, a0.5-acre freshwater pond (high density polyethylene (HDPE) lined to avoid contamination withpotentially impacted groundwater) with a fringe wetland was constructed at the southern end of theSite. Prior to development, the natural waterfront in the vicinity of the Site would have had a series ofberms and ponds formed in response to fluctuations in river water level. Due to installation of

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numerous bulkheads and industrial development along the Hudson River in the vicinity of the Site,this type of pond and berm habitat is now locally rare. The constructed pond has the potential torestore some of the ecological functions of these historic ponds to the Site, but currently lacksadequate waterfowl nesting opportunities and connectivity to the riparian zone. To address theselimitations, the proposed project includes installation of a floating nesting platform and enhancedwetland plantings in the southwest portion of the pond. These habitat enhancements will encouragewaterfowl nesting with protection from predators such as raccoons (Procyon lotor). The pond isexpected to support aquatic plants, aquatic insects, small fish species, amphibians, reptiles,waterfowl, and mammals as it matures.

The direct connection with the river offered by the riverfront buffer described above would enhancethe value of the pond as an “off river” refuge for waterfowl, amphibians, reptiles, and mammals. Thepond is adjacent to the small portion of the river that is not bulkheaded which further facilitatesmovement of organisms to and from the river to the pond. Furthermore, map turtles, in particular,would benefit from this type of connectivity between riverine, upland, and pond habitats.

The improved tidal habitat, intertidal fringe wetland, riverine bank, and freshwater pond will provideimportant habitat features for the northern map turtle, as well as for a wide variety of wetland wildlifeincluding wading and diving birds, shore birds, and small mammals. Based on the SUNY study, it isapparent that a key habitat limitation in the vicinity of the Site is related to map turtle basking habitat.This species employs fallen trees and other debris for basking – such features will be included in thedesign for the fringe wetland in the form of root wads which will add structural integrity forbioengineered stability along the river edge as well as habitat for numerous species, including themap turtle. Further, the enhanced bank will allow turtles to leave the river and seek upland nestinghabitat via the vegetated swale passage corridors. Nesting features will include sandy well-drainedsoil features bioengineered for this purpose and will be constructed following guidance from theMassachusetts Fisheries and Wildlife (2009) Advisory Guidelines for Creating Turtle Nesting Habitat.

The existing stormwater pond is lined with a HDPE liner as described above. The bottom of the pondis approximately 3 feet above the water table and the surface water in the pond does notcommunicate with groundwater. The pond collects precipitation and rainfall runoff that falls directlyon and around the pond. The water level in the pond represents the equilibrium betweenaccumulated precipitation and evapotranspiration of the surface water.

Potential hydrological connection and overflow from the existing stormwater pond to the river isanticipated to be limited and would likely only occur during extreme storm events resulting from thebasin overtopping. The potential for water quality concerns is minimal and would not contribute as asource of chronic water turbidity to the river. Since the stormwater pond is lined there are limitedconcerns for hazardous material leachate from the pond into the river.

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Table 2 provides an assessment of the functional enhancements anticipated to be provided by the proposed riverine/wetland/riparianenhancement measures described herein.

Table 2: Riverine/Wetland/Riparian Zone Functional Enhancement Assessment Table

Habitat Zone

Functions and Values Summary of Habitat

GW R

echa

rge

Disc

harg

e

Floo

dflo

wAl

tera

tion

Fish

and

She

llfis

h Ha

bita

t

Sedi

men

t / T

oxic

ant

Rete

ntio

n

Nut

rient

Rem

oval

/ R

eten

tion

/ Tr

ans

Pro

duct

ion

Expo

rt

Sedi

men

t /Sh

orel

ine

W

ildlif

e Ha

bita

t

Recr

eatio

n

Educ

atio

n/ S

cient

ific

Val

ue

Uni

quen

esHe

ritag

e

Visu

al Q

ualit

y /

Aest

hetic

s

T /

E Sp

ecie

s Hab

itat

Deep Marsh LowIntertidal Zone

√ √ √ √ √ √ √ √ √ √ √ √ Excavation of existing riprappedshoreline to establish vegetated deepmarsh in the lower intertidal zone

Shallow MarshMid-Intertidal

Zone

√ √ √ √ √ √ √ √ √ √ √ √ Excavation of existing riprappedshoreline to establish vegetatedshallow marsh in the mid- intertidalzone

Shrub SwampIntertidal Fringe

√ √ √ √ √ √ √ √ √ √ √ √ Creation of dense shrub swamp at thehigh tide fringe for bank stability andhabitat enhancement

A √ signifies that the habitat zone and related enhancement measures are anticipated to achieve an improvement in the designated function overexisting conditions

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3.5 Environmental Controls and BMPsWetland and riverine resource areas on the Project site will be protected from potential runoff andsedimentation through the implementation of an Erosion and Sedimentation Control plan. Thefollowing sections provide a summary of the project best management practices (BMPs).

3.5.1 Erosion and Sedimentation ControlsAn Erosion and Sedimentation Control plan will be implemented to minimize construction relatedimpacts throughout the duration of the project. The program incorporates BMPs specified in guidelinesdeveloped by NYSDEC. All sediment and erosion control devices will be maintained in good workingorder throughout the construction of the project. Erosion and sedimentation controls, consisting of siltfence and straw bales will be placed within upland areas within the downgradient limit of work.

In-Water Controls

The sediment curtain would be placed in the river, approximately a few feet from the shoreline to limitthe potential for sedimentation from runoff and erosion from the wetland creation areas into the riverduring construction (Sheet 5, Appendix E).

Upland Controls

The erosion and sedimentation controls would be placed at the boundary between the upland riparianbuffer habitat and the proposed wetland creation area to limit the potential for sedimentation fromrunoff and erosion from the upland area (riparian buffer habitat) into the wetland creation areas (Sheet5, Appendix E).

Proper implementation of the erosion and sedimentation control program will:

1. Minimize exposed soil areas through sequencing and temporary stabilization;

2. Manage stormwater runoff and erosion; and,

3. Establish a permanent vegetative cover or other forms of stabilization as soon as practicable.

Non-Structural Practices

Non-structural practices to be used during construction include temporary stabilization, temporaryseeding, permanent seeding, pavement sweeping, and dust control. These practices will be initiatedas practicable in appropriate areas at the site.

Structural Practices

Prior to any ground disturbance, erosion control barriers will be installed at the downgradient limit ofwork. These barriers will likely consist of a sediment curtain in the river and also silt fence and strawbales in the upland area along the boundary of the wetland creation area. As construction progresses,additional barriers may need to be installed around the base of stockpiles and other erosion proneareas as warranted during construction. The barriers will be entrenched into the substrate to preventunderflow.

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If sediment has accumulated to a depth which impairs proper functioning of the upland barrier, it willbe removed by hand or by machinery operating upslope of the barriers. This material will be eitherreused at the Site or disposed of at a suitable offsite location. Any damaged sections of compost filtertube or other erosion control devices will be repaired or replaced immediately upon discovery.

4.0 Monitoring and Maintenance

4.1 MonitoringPost-construction monitoring of the jurisdictional wetland enhancement areas will be conducted byor supervised by a qualified project monitor experienced in wetland enhancement and generalconstruction practices. For each of the first two full growing seasons following construction of theenhancement areas, the sites will be monitored, and annual monitoring reports submitted. Twelvevegetation monitoring plots are proposed within the wetland creation areas, including the deepmarsh, shallow marsh and shrub fringe. Figure 4 provides the locations of proposed vegetationmonitoring plots. As necessary, BASF will conduct routine maintenance efforts of the enhancementareas to promote optimum germination and maintain viability following initial planting activities.

The annual monitoring events will be performed during the growing season to assess plant growthand the results shall be submitted in an annual report to the NYSDEC. The census will identify foreach jurisdictional enhancement area:

i. Species identification of installed plants have not survived and those that have survived,

ii. Enumeration of deceased and surviving restoration trees and shrubs,

iii. Species identification of pioneer species,

iv. Percent cover and species identification of invasive species

v. Comparison of current project area conditions to pre-existing conditions,

vi. Surface water levels,

vii. Photographs from fixed reference points of each enhancement area showing representativeportions of the enhancement areas,

viii. Observed fish and wildlife,

ix. Date and time of data collection efforts, as well as recent weather information.

4.2 MaintenanceFirst growing season maintenance for planted areas may potentially consist of trimming/cutting theherbaceous vegetation to a height of eight inches. This will aid in reducing competition by fastgrowing weeds for sunlight, water and nutrients required by slower growing, perennial natives.Vegetation trimming shall not be done with a lawn mower as the mower height is too low and nativeseedlings would be killed. All vegetation trimming shall cease by mid-September.

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Irrigation is not recommended unless the vegetation is planted during mid-summer (July to August).In that case, plantings shall be irrigated as necessary if there are signs of desiccation or if droughtconditions exist.

The jurisdictional enhancement areas will have the following performance standards for theproposed wetland creation areas below MHW:

a. One year from the date of installation deceased planted stock will be replaced (with thesame size planted stock) or bare areas re-planted based on the following criteria:

i. 75 percent survival of planted stock

ii. Minimum 75 percent vegetative coverage of areas

iii. Plants shall be replaced during the growing season for plant survival.

b. In both years of the monitoring period, deceased planted stock will be replaced and bareareas replanted based on the following criteria:

i. Maintain the original densities; however, species that are observed to be successful(i.e., are growing vigorously) may be substituted for less successful species.

ii. Vigorously growing non-invasive volunteers may be included in the survival, density,and percent cover calculations.

iii. Plants shall be replaced during the optimal season for plant survival.

c. Invasive Species

If invasive species are observed during the vegetative surveys of the monitoring plan, actions shallbe taken to eliminate invasive species problems within 30 – 90 days, including but not limited to:

a. The species, location and size of the population will be recorded as well as the controlmethod and date of control action.

b. If the population is of manageable size (e.g., less than approximately 100 stems for 0.1acres):

i. Invasive plants will be manually removed by excavating roots, pulling or clipping untilthe population is eliminated.

ii. Invasive plant refuse will be appropriately disposed of, i.e., burned or landfilled innon-translucent bags. Invasive plant refuse cannot be composted, added tostockpile soils, or handled in a way that would lead to reuse at this or any other site.

c. With agreement from NYSDEC, control methods can be adapted over time givenoutcomes of initial control efforts. The timing and methods for control measures will bespecifically designed for each species observed.

d. Efforts to eliminate invasive species will continue for the entire 2-year monitoring periodwithin the enhancement areas.

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5.0 Regulatory Compliance

All work will be conducted in compliance with local, state, and federal regulatory requirements. Thissection outlines the proposed remediation project’s compliance with regulatory standards.

5.1 Federal ComplianceAuthorizations are required from USACE and other federal agencies for proposed activities withpotential to impact jurisdictional wetland resource areas, watercourses or protected species or areas.

5.1.1 Section 404 and Section 10 ComplianceIn accordance with Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) and theimplementing regulations (33 CFR Part 323), authorization is required for the discharge of dredged orfill material into waters of the US. Section 10 of the River & Harbors Act of 1899 prohibits unauthorizedconstruction of structures within navigable waters of the US, and prohibits excavation and fill in thechannel of a navigable water of the US without federal authorization.

USACE has issued Nationwide Permits (NWPs) which authorize certain activities, provided theproposed work scope meet specific threshold criteria and provided the NWPs general conditions aremet. The current NWPs were issued in 2017 and expire on March 18, 2022. New York State hasissued Final Regional Conditions, Water Quality Certification and Coastal Zone Concurrence forselect NWPs, as outlined in the USACE Public Notice dated March 21, 2017 (USACE, 2017).

This proposed project meets the terms, eligibility criteria and general conditions established for a NWPissued by the USACE, and the applicable New York State Regional and Special Conditions imposedby the USACE New York District Office. As such, the applicant understands that the proposed projectactivities are eligible for authorization under USACE NWP 27. Information regarding the project’scompliance with NWP 27 is presented below.

As described herein, appropriate measures will be undertaken to avoid and minimize potential impactsto resource areas. Impacts that are otherwise unavoidable will be mitigated. The project has beendesigned to comply with the NWP general conditions.

Nationwide Permit 27NWP 27 authorizes select activities associated with the “Aquatic Habitat Restoration, Enhancement,and Establishment Activities”, as described below:

“Activities in waters of the United States associated with the restoration, enhancement, andestablishment of tidal and non-tidal wetlands and riparian areas, the restoration and enhancementof non-tidal streams and other non-tidal open waters, and the rehabilitation or enhancement oftidal streams, tidal wetlands, and tidal open waters, provided those activities result in netincreases in aquatic resource functions and services.…

The permittee must submit a pre-construction notification to the district engineer prior tocommencing the activity” (USACE, 2017).

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In NYS, the following USACE New York District Regional Conditions have been added to NWP 27:

New York District Only Permit-specific Regional Conditions:

a. Within Essential Fish Habitat as discussed in Section G-E.8, any activity involving shellfishseeding, such as the placement of shell material or any other habitat development orenhancement, is restricted to shellfish species that are native to that waterbody.

b. Within Essential Fish Habitat, if any work is proposed within areas supporting anadromousfish migration and spawning, a PCN is required.

The proposed project activities meet the terms, eligibility criteria and general conditions established forNWP 27, and, as such, the habitat restoration/enhancements are proposed under NWP 27.

As required by NWP 27, and General Condition 32, a PCN is required for work proposed underNWP27. The enclosed JAP serves as the required PCN.

As required by the NWP 27 New York District Permit-specific Regional Conditions, a copy of the PCN(the JAP submittal) will be submitted to the National Marine Fisheries Service (NMFS) HabitatConservation Division in Highlands, NJ. In addition, a copy of this JAP will be provided directly to Ms.Melissa Alvarez of NOAA Fisheries Habitat Conservation Division, based upon previous pre-application regulatory discussions as part of the overall remediation project. EFH documentation isincluded in Appendix B.

Additional Agency Coordination

As part of the Section 404/Section 10 authorization process, agency coordination is required foractivities which may impact listed species. Specifically, coordination with NOAA Fisheries is requiredunder the Magnuson-Stevens Fishery Conservation and Management Act and Section 7 of theEndangered Species Act (33 CFR 330.4(f)), and coordination with the USFWS is required under theMigratory Bird Treaty Act, the Bald and Golden Eagle Protection Act and/or Section 7 of theEndangered Species Act (33 CFR 330.4(f)). A Threatened and Endangered Species Assessment isincluded as Appendix C.

Further, coordination with the SHPO is required under Section 106 of the National HistoricPreservation Act (33 CFR 330.4(g)). BASF recently communicated with the SHPO in July 2017 forother work at the Site as part of the overall remediation project and received a determination fromSHPO indicating no historic properties will be affected (Appendix D).

The applicant may need to coordinate with the US Coast Guard (CG) to ensure that impacts tonavigation are avoided. AECOM anticipates that a CG Notice to Mariners may need to be issued priorto any potential in-water construction activities involving connecting the proposed fringe wetland to theriver.

5.1.2 Section 401 Water Quality CertificationThe proposed project may result in a discharge to waters of the US, requiring a permit from theUSACE under Section 404 of the CWA. Consequently, a Clean Water Act (CWA) Section 401 WaterQuality Certification (WQC) is also required. In NYS, the NYSDEC issues 401 WQCs and has grantedblanket Section 401 WQCs for NWPs provided that the project complies with all the GeneralConditions. In NYS, the following USACE New York District Special Conditions have been added toNWP 27:

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New York District Water Quality Certification NWP-specific Special Conditions:

a. This certification authorizes only restoration projects conducted with oversight by a federal orstate natural resource agency, or a County Soil and Water Conservation District.

b. • This certification authorizes Army Corp required Wetland Mitigation measures of 5 acres orless in area.

c. • This certification does not authorize stream restoration projects over 300 feet in length. Thiscertification does not authorize filling done for shellfish restoration which results in analteration of existing substrate and benthic habitat.

d. • This certification does not authorize the conversion of one wetland type to another or theconversion of lotic (flowing water) communities to wetland or lentic (standing water)communities.

The proposed project meets the above special conditions and the enclosed JAP serves as therequired 401 WQC submittal.

5.1.3 Coastal Zone Management Act ConsistencyThe project site is located within the state’s coastal area. Pursuant to 15 CFR Part 930.41 and930.43, the New York State Department of State (NYSDOS) objects to the USACE’s consistencydetermination with respect to NWP 27 and therefore, an individual consistency concurrencedetermination from NYSDOS is required for NWP 27 (USACE, 2017). BASF (or AECOM on behalf ofBASF) will initiate coordination with NYSDOS for individual CZMA consistency determination. AFederal Consistency Assessment Form (FCAF) has been provided to NYSDOS and a copy of theFCAF is provided in Appendix I.

5.1.4 NYSDEC Protection of WatersNew York’s Article 15, Title 5 of the Environmental Conservation Law (ECL), referred to as Protectionof Waters, prohibits the unauthorized disturbance of certain water bodies to prevent unreasonableerosion of soil, increased turbidity of the waters, irregular variations in velocity, temperature and levelof waters, loss of fish and aquatic wildlife, destruction of natural habitat, and the danger of flood orpollution. The Hudson River within the NRD Project area is a Class C (class and standard) streamand is not a protected trout stream under the Protection of Waters program.

Regulated activities in protected streams include modifications or disturbance of the bed or banks,including excavation below the mean high-water level in navigable waters of the state. According to 6NYCRR Part 608.1(b), “bed” means that land area of a watercourse covered by water at mean highwater. The jurisdictional limit of the Protection of Waters is understood to be the mean high-watermark of all navigable waters (regardless of water quality class and standard) and a minimum of 50feet from the mean high-water mark of a protected waterbody and potentially further as determined byNYSDEC based on the site-specific slope conditions. Under 6 NYCRR Part 608.1(a), “banks” includethe land area immediately adjacent to and which slopes toward the bed of a watercourse and which isnecessary to maintain the integrity of the watercourse. A bank will not be considered to extend morethan 50 feet horizontally from the mean high water line; with the following exception: where a generallyuniform slope of 45 degrees (100%) or greater adjoins the bed of a watercourse, the bank is extendedto the crest of the slope or the first definable break in slope, either a natural or constructed (road, orrailroad grade) feature lying generally parallel to the watercourse.

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The New York State Standards for Protection of Waters Permit issuance (6 NYCRR Part 608.8) statesthe basis for the issuance of a permit will be a determination that the proposal is in the public interest,in that:

· the proposal is reasonable and necessary;· the proposal will not endanger the health, safety or welfare of the people of the State of New

York; and· the proposal will not cause unreasonable, uncontrolled or unnecessary damage to the natural

resources of the state including soil, forests, water, fish, and aquatic and land-relatedenvironment.

The NYSDEC must review and determine if proposed alterations to water resources of the state areconsistent with standards contained in 6 NYCRR Part 608.8 and under 6 NYCRR Part 608.7(b) willconsider such issues as:

· aquatic, wetland and terrestrial habitats; unique and significant habitats; rare, threatened andendangered species habitats;

o water quality, including such criteria as temperature, dissolved oxygen, suspendedsolids;

o hydrology, including such criteria as water velocity, depth, discharge volume, floodingpotential; and

o water course and waterbody integrity, including such criteria as erosion, turbidity, andsedimentation;

· the adequacy of design and construction techniques for structures;· operational and maintenance characteristics;· the safe commercial and recreational use of water resources;· the water dependent nature of a use;· the safeguarding of life and property; and· natural resource management objectives and values.

The following information provided discusses how the Project meets the Article 15 Standards forPermit Issuance under 6 NYCRR 608.8:

· the proposal is reasonable and necessary.

This project is part of an NRDA settlement for the Site to help fill the habitat needs for thenorthern map turtle.

· the proposal will not endanger the health, safety or welfare of the people of the State of NewYork.

BASF is committed to maintaining the highest standards of safety, health and welfare to thepeople in NYS and this project will not endanger the ecological integrity of the area.

· the proposal will not cause unreasonable, uncontrolled or unnecessary damage to the naturalresources of the state including soil, forests, water, fish, and aquatic and land-relatedenvironment

The Project will be constructed in a manner to limit the potential for unreasonable,uncontrolled, and unnecessary damage to natural resources. Waterbody and wetland impactminimization measures and other proposed BMPs detailed in this application mitigate

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potential impacts to sensitive environmental resources, including waterbodies and waterquality parameters. Impacts to banks associated with construction activities are expected tobe restored after construction.

The Project will have an insignificant effect on water quality as the measures provided in thisapplication will ensure the water quality classification and standards established at 6 NYCRRParts 700 to 704 are maintained during construction.

Water quality impacts relative to thermal standards are not anticipated to occur as a result ofthis Project. Proposed vegetation planting in the vicinity of the river will provide protectionfrom solar exposure of surface water resources.

The Project is not anticipated to have an adverse effect on any federal- or state-listed rare,threatened, endangered, or special concern species or their critical habitat. To the extentendangered or threatened species individuals, if any, are present in the vicinity ofconstruction activities, BASF expects that adverse effects will be prevented.

Since BASF will be applying to New York State Agencies under Article 15 Protection of Waters forexcavation and fill in navigable waters and the proposed project work activities are an unlisted actionunder the State Environmental Quality Review (SEQR) Act regulation (6 NYCRR Part 617), a ShortEnvironmental Assessment Form (SEAF) has been prepared as part of this project and is providedin Appendix I.

AECOM 6-1


6.0 References

AECOM, 2015a. Final Hudson River Operable Unit 2 Feasibility Study, BASF Rensselaer,Rensselaer, New York. March 2015.

AECOM 2015b. Draft PCB Waste Storage, Handling and Disposal Plan.

AECOM 2015c. Hudson River Operable Unit 2 Remedial Design Work Plan and 50% DesignSubmittal (AECOM, Anticipated June 2015).

AECOM, 2014. Hudson River Operable Unit 2: Feasibility Study, BASF Rensselaer, Rensselaer, NewYork, April 2014.

AECOM, 2014b. Feasibility Study Response to NYSDEC Comments Letter, November 2014.

AECOM, 2014c. Natural Resource Restoration Work Plan, Hudson River Operable Units 1 and 2:BASF Rensselaer, Rensselaer, NY, February 2014.

AECOM, 2011. Hudson River Operable Unit 2, Investigation Report, BASF Rensselaer, Rensselaer,New York, March 2011.

AECOM, 2011b. Hudson River Operable Unit 2, Nature and Extent Summary Report, BASFRensselaer, Rensselaer, New York, March 2011.

Bagrow, D. NYS OPRHP Personal Communication. Telephone call between Kris van Naerssen(AECOM) and Daniel Bagrow (Recreation & Historic Preservation Project Archaeologist), October 31,2014.

Boustany, R. 2003. A Pre-Vegetated Mat Technique for the Restoration of Submersed AquaticVegetation. Ecological Restoration. Vol 21, No 2.

BASF Pre-Application Meeting, Carl Tammi (AECOM), Meeting Notes, October 9, 2014

EPA, 2013. “Section 404 Permitting” Water: Discharge of Dredged or Fill Materials (404) AccessedMarch 13, 2013. December 1, 2014. http://water.epa.gov/lawsregs/guidance/cwa/dredgdis/

FEMA, 1980. Flood Map Service Center: FIRMettes. March 18, 1980. Accessed October 23, 2014.http://map1.msc.fema.gov/idms/IntraView.cgi?KEY=18985534&IFIT=1

Findlay, S., D. Strayer, M. Bain, and W.C. Nieder. 2006. Ecology of Hudson River Submerged AquaticVegetation. Final Report to the New York State Department of Environmental Conservation.

McHugh, C.M., S.F. Pekar, N. Christie-Blick, W.B.F Ryan, S. Carbotte, and R. Bell. 2004. Spatialvariations in a condensed interval between estuarine and open-marine settings: Holocene HudsonRiver estuary and adjacent continental shelf. Geology 32(2) pp. 169-172.

http://water.epa.gov/lawsregs/guidance/cwa/dredgdis/

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Miller, Daniel E., 2013. Hudson River Estuary Habitat Restoration Plan. New York State Departmentof Environmental Conservation, Hudson River Estuary Program.

NOAA. 2020. Tides & Currents for Station 8518995, Albany, Hudson River, NYhttps://tidesandcurrents.noaa.gov/datums.html?datum=NAVD88&units=0&epoch=0&id=8518995&name=ALBANY%2C+HUDSON+RIVER&state=NY Website accessed February 17, 2020.

NPS 2014. “National Historic Landmarks Documentation” and “National Register of Historic Places”National Park Service: National Register of Historic Places Program: Research. September 2014.Accessed October 23, 2014 http://www.nps.gov/nr/research/

NPS, 2014b. “State Submerged Resources: New York.” National Park Service: Archeology Program.December 1, 2014. Accessed October 23, 2014http://www.nps.gov/archeology/sites/statesubmerged/newyork.htm

NTSDEC 2015. Tidal Wetlands Permit Program. http://www.dec.ny.gov/permits/6039.html. AccessedJanuary 2015

NYSDEC 2015. NYSDEC Environmental Regulations. Part 701: Classifications-Surface Waters andGroundwaters. Accessed January 3, 2015. http://www.dec.ny.gov/regs/4592.html#15987.

NYSDEC 2014. Environmental Resource Mapper. Retrieved October 2014 from.http://www.dec.ny.gov/imsmaps/ERM/viewer.htm.

NYSDEC, 2013. Order on Consent and Administrative Settlement. Index # CO 4-20130805-101.BASF Respondent. November 2013.

NYSDEC, 2011a. Letter, BASF Manufacturing Plant, Site No. 442027, Rensselaer, PCBs in HudsonRiver Sediment. July.

NYSDEC 2010. DER-10, Technical Guidance for Site Investigation and Remediation.

NYSDEC, 2009. Part 608: Use and Protection of Waters. August 19, 2009. Accessed December 1,2014. http://www.dec.ny.gov/regs/4438.html

NYSDEC, 2014a. Part 661: Tidal Wetlands-Land Use Regulations-Page 2. Accessed December 1,2014 http://www.dec.ny.gov/regs/13338.html#13366

NYSDEC 2014b. Part 505: Coastal Erosion Management. March 1988, Accessed December 1, 2014.http://www.dec.ny.gov/regs/4470.html#15466

NYSDEC, Endangered Species Unit. Bald Eagle Program: “Bald Eagles on the Hudson River.”Accessed November 2014. http://www.dec.ny.gov/animals/9382.html

NYS OPRHP, 2014. “Historic Preservation Office: Archeology.” NYS Office of Parks, Recreation &Historic Preservation Accessed October 29, 2014 http://nysparks.com/shpo/archeology/

NYS OPRHP, 2006. “New York’s State and National Registers of Historic Places Document ImagingProject” NYS Office of Parks Recreation Historic Preservation. Accessed October 29, 2014http://www.oprhp.state.ny.us/hpimaging/

https://tidesandcurrents.noaa.gov/datums.html?datum=NAVD88&units=0&epoch=0&id=8518995&name=ALBANY%2C+HUDSON+RIVER&state=NY


http://www.nps.gov/nr/research/

http://www.nps.gov/archeology/sites/statesubmerged/newyork.htm

http://www.dec.ny.gov/permits/6039.html

http://www.dec.ny.gov/regs/4592.html#15987

http://www.dec.ny.gov/regs/4438.html



http://www.dec.ny.gov/animals/9382.html

http://nysparks.com/shpo/archeology/

http://www.oprhp.state.ny.us/hpimaging/

AECOM 6-3


Ricard, Leander. “A History of the Dye Producing Industry in Rensselaer, New York,” Textile Chemist& Colorist, Vol. 26, No. 8, August 1994, pp. 23-26.

Roux Associates, 2009. Memorandum from Nathan Epler, PhD (Roux) to John Strang (NYSDEC),PCBs in Hudson River Sediment, March 31.

Stanne, S. NYSDEC Personal Communication. Email between Kris van Naerssen (AECOM) andSteve Stanne (NYSDEC, Hudson River Estuary Program), December 15, 2014

Swenson, S. NYSDEC Personal Communication. Email between Carl Tammi (AECOM) and SteveSwenson AE, AWB (NYSDEC, Biologist I), October 27, 2014

USA Today, 2013. “Historical Riches Sit at the Bottom of N.Y.’s Hudson River,” USA Today online.March 12, 2013. Accessed October 29, 2014.http://www.usatoday.com/story/news/nation/2013/03/11/new-york-hudson-river-shipwrecks/1980815/

USACE, 2017. Final Regional Conditions, Water Quality Certification and Coastal Zone Concurrencefor Nationwide Permits in the State of New York.http://www.nan.usace.army.mil/Portals/37/docs/regulatory/publicnotices/Regional%20Gen%20Permit/PN-LRB%20NAN%20FinalRegionalConditionsWQC%20CZMforNYdated%2021-MAR-2017.pdf?ver=2017-03-22-111131-070. Website accessed January 2, 2020.

http://www.usatoday.com/story/news/nation/2013/03/11/new-york-hudson-river-shipwrecks/1980815/

http://www.nan.usace.army.mil/Portals/37/docs/regulatory/publicnotices/Regional%20Gen%20Permit/PN-LRB%20NAN%20FinalRegionalConditionsWQC%20CZMforNYdated%2021-MAR-2017.pdf?ver=2017-03-22-111131-070



AECOM


Figures

SD076

SD075

SD031

SD030

Site Locus

SCALE DATE PROJECT NO.

01/2020 60323713See Insets

Figure Number

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Proposed WetlandCreation Area

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(3560 SF)

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(510 SF)

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SHEAR AND TO ANCHOR TURTLE

BASKING PLATFORMS

RIPARIAN BUFFER HABITAT

HUDSON RIVER WETLAND HABITAT

ENHANCEMENT PROJECT

BASF CORPORATION - RENSSELAER, NEW YORK

PROPOSED WETLAND CREATION AREA

AND RIPARIAN ENHANCEMENT PLAN

FIGURE 3

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(815 SF)

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(3560 SF)

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(510 SF)

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HUDSON RIVER WETLAND HABITAT

ENHANCEMENT PROJECT

BASF CORPORATION - RENSSELAER, NEW YORK

PROPOSED VEGETATION MONITORING

PLOT LOCATIONS

FIGURE 4

PROPOSED VEGETATION MONITORING PLOT

AECOM


Appendix A

Photographic Log

!

Photo #4

Photo #1

Photo #2

Photo #3

!

!

!

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Photograph Locations

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Figure Number

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Hudson River Wetland HabitatEnhancement Project

BASF CorporationRensselaer, New York

0 100 200 300 400 50050Feet

I

Legend

Site

Photolocations!

PHOTOGRAPHIC LOGProject Name: Hudson River WetlandHabitat Enhancement Project,BASF Corporation

Site Location: Hudson River / 36 Riverside Ave Rennselaer, NY Project No. 60323713

Photo No.1

Date:11/10/2011

Direction Photo Taken:North

Description:View of the eastern HudsonRiver bank shoreline at thelocation of the proposedwetland creation area.

Photo No.2

Date:1/10/2012

Direction Photo Taken:South

Description:View of the eastern HudsonRiver bank shoreline at thelocation of the proposedwetland creation area.

PHOTOGRAPHIC LOGProject Name: Hudson River WetlandHabitat Enhancement Project,BASF Corporation

Site Location: Hudson River / 36 Riverside Ave Rennselaer, NY Project No. 60323713

Photo No.3

Date:1/10/2012

Direction Photo Taken:South

Description:View of the area of theproposed riparianenhancement area.

Photo No.4

Date:1/10/2012

Direction Photo Taken:West

Description:View of the area of theproposed riparianenhancement area.

AECOM


Appendix B

NOAA FisheriesEssential Fish HabitatAssessment

AECOM Environment 1

BASF Rensselaer Hudson River Wetland Enhancement Project February 2020Joint Application for PermitAppendix B – Essential Fish Habitat Analysis

Essential Fish Habitat AnalysisIntroduction

This Essential Fish Habitat Analysis has been prepared by AECOM Technology Services(AECOM) on behalf of BASF Corporation (BASF) in support of a New York State JointApplication for Permit/US Army Corps of Engineers Nationwide Permit (NWP) #27 application toconduct the Hudson River Wetland Enhancement Project at the Former BASF Facility (the“Site”) located adjacent to the Hudson River in Rensselaer, New York.

BASF is proposing a riverine/wetland/riparian zone enhancement plan involving the creation of0.17 acres of fringe intertidal wetland along the river’s edge, and additional habitatenhancements in the riparian zone to improve overall habitat conditions, provide greaterconnectivity between riverine and terrestrial habitats, and contribute to the habitat requirementsof the northern map turtle (Graptemys geographica).

Work is proposed in the intertidal portion of the river. Site location, existing conditions, andproposed conditions mapping, as well as project plans are included in the JAP.

Federal and state regulatory-agency resources were reviewed to determine the potentialpresence of EFH within the Project area.

Aquatic Environment Adjacent to Site

The BASF site is located on the Hudson River, approximately 148 river miles (RM) north of NewYork Harbor, and 10 RM below the Federal Dam in Troy. The Hudson River is tidal below theFederal Dam. The extent of the salt wedge (100 milligrams per liter of chloride) occurs in thesouthern part of the Hudson River, and may reach as far north as Poughkeepsie during very dryyears (USGS, 2013). Poughkeepsie is located approximately 65 miles south of the BASF site.The National Oceanic and Atmospheric Administration (NOAA) tidal benchmark data wasreviewed to identify tidal elevations in the project area. Table 1 identifies the elevation of MeanHigher High Water (MHHW), Mean High Water (MHW), Mean Low Water (MLW) and MeanLower Low Water (MLLW).

Table 1. Tidal Benchmark Data for the Hudson River at Rensselaer, New York.

Water Level Elevation (Ft) NAVD 88Mean Higher High Water 3.78Mean High Water 3.40Mean Low Water -1.59Mean Lower Low Water -1.81Source: NOAA 2020b, Tidal Benchmark 8518995

AECOM Environment 2


In the vicinity of Rensselaer, the Hudson River is dominated by fluvial processes, whereestuarine muddy sands are being buried by fluvial sands. In the Hudson River, the HudsonRiver is characterized by sediment loading from the upper watershed that is transported overthe Federal Dam at Troy (McHugh et al., 2004). Water depths in the project area range from 3to 35 feet and the sediment is primarily muddy sand.

Managed Species and EFH

Review of the NOAA “Summary of Essential Fish Habitat (EFH) Designation” for the HudsonRiver indicates that up to 19 federally managed species may utilize the Hudson River for part orall of their life history (Table 2). However, four listed species (summer flounder, king mackerel,Spanish mackerel, and cobia) that are noted are primarily marine species. The BASF site isapproximately 65 miles north of the salt water front in the Hudson River; therefore, these speciesare not anticipated to occur at the site.

Over 200 species of fish have been noted within the Hudson River estuary according to the NewYork State Department of Conservation (NYSDEC, 2020a). During the 2017 NYSDEC “GreatHudson River Estuary Fish Count”, a total of six species were observed at the Schodack IslandState Park Fish Count Site (located approximately 13 miles downstream of the project) and 28species were observed at the Peebles Island State Park Fish Count Site (located approximately12 miles upstream of the project). Although this is not an exhaustive list of species potentiallyoccurring in the project area, the species noted below were collected via electrofishing or seiningoperations conducted from shore as part of an educational event. As the Peebles Island Site islocated upriver from an impounding dam on the Hudson, some of the fish identified during thePeebles Island surveys may be excluded from the BASF Site due to onsite water conditions.

The following species were observed during the 2017 NYSDEC Fish Counts at the above notedsites. Of these, the majority of fish caught were young of the year and are not federally managedcommercial species

Table 2 –Species Observed During Fish Count

Common Name Scientific Name Common Name Scientific Namebowfin Amia calva green sunfish Lepomis cyanellusAmerican eel Anguilla rostrata largemouth bass Micropterus salmoidesbanded killifish Fundulus diaphanous logperch Percina caprodesblack crappie Pomoxis nigromaculatus northern pike Esox luciusbrook silverside Labidesthes sicculus pumpkinseed Lepomis gibbosusbrown bullhead Ameiurus nebulosus red-breasted sunfish Lepomis aurituschain pickerel Esox niger smallmouth bass Micropterus dolomieuchannel catfish Ictalurus punctatus spottail shiner Notropis hudsoniuscommon carp Cyprinus carpio tesselated darter Etheostoma olmstedifallfish Semotilus corporalis trout-perch Percopsis omiscomaycusfreshwater drum Aplodinotus grunniens walleye Sander vitreusgizzard shad Dorosoma cepedianum white perch Morone americanagolden shiner Notemigonus crysoleucas white sucker Catostomus commersoniigoldfish Carassius auratus auratus yellow perch Perca flavescens

AECOM Environment 3


Table 3. Summary of Essential Fish Habitat (EFH) Designations.

Species Eggs Larvae Juveniles AdultsSpawning

Adultsred hake (Urophycis chuss) M,S M,S M,S

redfish (Sebastes fasciatus) n/a

winter flounder (Pleuronectes americanus) M,S M,S M,S M,S M,S

windowpane flounder (Scopthalmusaquosus) M,S M,S M,S M,S M,S

Atlantic sea herring (Clupea harengus) M,S M,S M,S

bluefish (Pomatomus saltatrix) M,S M,S

long finned squid (Loligo pealei) n/a n/a

short finned squid (Illex illecebrosus) n/a n/a

Atlantic butterfish (Peprilus triacanthus) M M,S M,S

Atlantic mackerel (Scomber scombrus) S S

summer flounder (Paralicthys dentatus) F,M,S M,S M,S

scup (Stenotomus chrysops) S S S S

black sea bass (Centropristus striata) M,S M,S

surf clam (Spisula solidissima) n/a n/a

ocean quahog (Artica islandica) n/a n/a

spiny dogfish (Squalus acanthias) n/a n/a

king mackerel (Scomberomorus cavalla) X X X X

Spanish mackerel (Scomberomorusmaculatus) X X X X

cobia (Rachycentron canadum) X X X X

Notes: n/a=Species either have no data available on the designated lifestages, or those lifestages are notpresent in the species' reproductive cycle

M=mixing water/brackish salinity zone (0.5ppt<salinity<25.0ppt)S=seawater salinity zone (salinity> or =25ppt)F=tidal freshwater salinity zone (0.0ppt<or=0.5ppt)X=EFH has been designated for this species and lifestage

Source: NOAA, 2020a

AECOM Environment 4


Impact Analysis and Mitigation

It is anticipated the proposed project would have no effect on EFH or EFH species. As statedpreviously, work is proposed in the intertidal portion of the river, so all proposed work activitieswill occur beyond the subtidal area of the river and in addition the freshwater estuaryenvironment of the project area located approximately 60 miles from the salt wedge wouldpreclude many of the EFH-listed species from occurring near the BASF site. Moreover, theproposed work may not occur during the key migratory spawning season (March 1 through June30) and appropriate sediment containment devices (e.g., silt curtains) would be employed tolimit the disturbance to the adjacent aquatic environments during construction and furtherreduce any potential impacts to EFH or EFH-managed Species.

References

McHugh, C.M., S.F. Pekar, N. Christie-Blick, W.B.F Ryan, S. Carbotte, and R. Bell. 2004.Spatial variations in a condensed interval between estuarine and open-marine settings:Holocene Hudson River estuary and adjacent continental shelf. Geology 32(2) pp. 169-172.

Klienschmidt. 2008. Empire Generating Co, LLC: Submerged Aquatic Vegetation SurveySubmerged Aquatic Vegetation Report Hudson River, BASF Facility, Rensselaer, NY.

NYSDEC. 2020a. Fish of the Hudson River Estuary. http://www.dec.ny.gov/lands/74069.html.Website accessed January 12, 2020.

NYSDEC. 2020b. The Great Hudson River Estuary Fish Count.http://www.dec.ny.gov/lands/97891.html. Website accessed January 11, 2020.

NOAA. 2020a. Summary of Essential Fish Habitat Designations.https://www.greateratlantic.fisheries.noaa.gov/hcd/ny3.html. Website accessed January 12,2020.

NOAA. 2020b. NOAA Tides & Currents for Station 8518995, Albany, Hudson River, NYhttps://tidesandcurrents.noaa.gov/datums.html?datum=NAVD88&units=0&epoch=0&id=8518995&name=ALBANY%2C+HUDSON+RIVER&state=NY Website accessed February 17, 2020.

Stanne, S. 2014. NYSDEC Personal Communication. Email between Kris van Naerssen(AECOM) and Steve Stanne (NYSDEC, Hudson River Estuary Program), December 15, 2014

USGS. 2013. Resource Management Evaluation and Study of Saltwater Movement within theTransition Zone of the Hudson River Estuary, New York; updated January 14, 2013https://ny.water.usgs.gov/projects/dialer_plots/hsfmis.html. Website accessed January 12, 2020.

http://www.dec.ny.gov/lands/74069.html

http://www.dec.ny.gov/lands/97891.html

https://www.greateratlantic.fisheries.noaa.gov/hcd/ny3.html



https://ny.water.usgs.gov/projects/dialer_plots/hsfmis.html

AECOM


Appendix C

Endangered Species ActSection 7 ConsultationSupporting Information

AECOM Environment 1PRIVILEGED AND CONFIDENTIAL, ATTORNEY WORK PRODUCT

BASF Rensselaer Hudson River Wetland Enhancement Project February 2020Joint Application for PermitAppendix C – Threatened and Endangered Species Assessment

Threatened and Endangered Species AssessmentIntroduction

This Threatened and Endangered Species (TES) Assessment has been prepared by AECOMTechnology Services (AECOM) on behalf of BASF Corporation (BASF) in support of a NewYork State Joint Application for Permit/US Army Corps of Engineers Nationwide Permit (NWP)#27 application to conduct the Hudson River Wetland Enhancement Project at the FormerBASF Facility (the “Site”) located adjacent to the Hudson River in Rensselaer, New York.

BASF is proposing a riverine/wetland/riparian zone enhancement plan involving the creation of0.17 acres of fringe intertidal wetland along the river’s edge, and additional habitatenhancements in the riparian zone to improve overall habitat conditions, provide greaterconnectivity between riverine and terrestrial habitats, and contribute to the habitat requirementsof the northern map turtle (Graptemys geographica).

Work is proposed in the intertidal area of the river and not within the permanent surface waterarea (subtidal area) of the active river channel. Site location, existing conditions, and proposedconditions mapping, as well as project plans are included in the JAP.

Federal and state regulatory-agency resources were reviewed to determine the potentialpresence of TES within the Project area.

United States Fish and Wildlife Service (USFWS)

The USFWS’s Information Planning and Consulting System (IPaC) program was reviewed toidentify protected federal species and their critical habitat in the project area. The IPaC systemproduces a report of species and other protected resources for a selected study area (USFWS,2020). IPaC identified the following protected species that may be present in the Project area:northern long-eared bat, Myotis septentrionalis –Threatened.

The northern long-eared bat (NLEB) home range encompasses much of the eastern half of theUnited States and Canada (USFWS, 2017). White-nose syndrome, a fungal disease known toaffect bats, is currently the predominant threat to this bat, especially throughout the northeast(USFWS, 2015). In New York State, the population of this species has declined approximately98% since white-nose syndrome began in New York in 2006 (NYNHP, 2017).

The NLEB spends the winter hibernating in caves and mines. During the summer, NLEBs roostsingly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Ithas also been found, rarely, roosting in structures like barns and sheds (USFWS, 2015). Thisspecies is typically associated with mature interior forest (Carroll et al. 2002, as cited inNYNHP, 2017) and tend to avoid woodlands with significant edge habitat (Yates and Muzika2006 as cited in NYNHP, 2017). Review of the USFWS’s IPaC references website did notidentify the Project area as critical habitat for the NLEB.

It is anticipated the Project would have no effect on NLEB. It is highly unlikely the NLEB wouldoverwinter or roost within the Project area. The developed nature of the shoreline and adjacentland areas do not provide suitable winter or summer habitat for the NLEB.



National Marine Fisheries Service (NMFS)

Two federally listed endangered fish, shortnose sturgeon (Acipenser brevirostrum) and Atlanticsturgeon (Acipenser oxyrinchus), occur in the Hudson River.

The shortnose sturgeon is semi-anadromous and is found in the lower portion of the HudsonRiver from the southern tip of Manhattan upriver to the Federal Dam at Troy (NYSDEC,2020b). Each year, between April and May, adult sturgeons migrate up the Hudson River fromtheir mid-Hudson overwintering area to spawn in freshwater sites north of Coxsackie. Thenewly-hatched fry are poor swimmers and drift with the currents along the bottom. As theygrow and mature, the fish move downriver into the brackish waters of the lower Hudson River(NYSDEC 2020b).

Atlantic sturgeon is an anadromous (fish that move from marine to freshwater for spawning). Atspawning time, male sturgeon move from the Atlantic Ocean into the Hudson River followed bythe migration of the females. Spawning occurs from April-June upstream of the salt front.Spawning sturgeon scatter their eggs across a wide area. Following hatching, the young fishremain in freshwater for two to seven years before moving out to sea (NYSDEC, 2020b). InNew York, Atlantic sturgeons are generally found in the deeper portions of the Hudson River.While occasionally found as far upriver as Albany, young fish are rarely seen upstream ofHudson (NYSDEC, 2020b).

It is anticipated that proposed work may be scheduled to be constructed in summer 2020 butwould have no effect on either the shortnose or Atlantic sturgeon. Although the sturgeon mayswim past the facility while in the channel of the river, it is highly unlikely the sturgeon wouldenter active work areas since no work is proposed in the permanent surface water area of theactive river channel, as all proposed work activities will occur in intertidal areas of the river.Moreover, appropriate sediment containment devices (e.g., silt curtains, etc.) would beemployed to limit the potential spread of turbidity to the adjacent aquatic environments duringconstruction.

New York State Department of Environmental Conservation (NYSDEC)

The NYSDEC lists the shortnose sturgeon and NLEB as state-listed endangered species. Inaddition, review of the NYSDEC Environmental Resource Mapper application identified severalNew York State-listed threatened and endangered plant species may be present in the Projectarea. Most of these plant species are based on sightings from more than 50 years ago and arelikely no longer present. Table 1 identifies the listed plant species and the last time they weredocumented.



Table 1. New York State Threatened and Endangered Plant Species Identified throughthe NYSDEC Environmental Resource Mapper in the Vicinity of the ProjectSite.

Common Name Scientific NameDate LastDocumented Location Status

Great Plains Flatsedge Cyperus lupulinusssp. lupulinus 7/31/1950 Albany Port Threatened

Small's Knotweed Polygonumbuxiforme 7/25/1974 Albany Port Endangered

Delmarva Beggar-ticks Bidensbidentoides 10/11/1945 Albany Port Rare

Troublesome Sedge Carex molesta 7/17/1947 Albany Port Threatened

Mock-pennyroyal Hedeoma hispida 6/24/1950 Albany Port ThreatenedSource: NYSDEC, 2020a.

It is anticipated that none of the state-listed species would be impacted by the proposedProject. The shortnose sturgeon and NLEB would not be affected by the proposed action. It ishighly unlikely that Great Plains flatsedge, Small’s knotweed, Delmarva beggar ticks,troublesome sedge, and/or mock-pennyroyal would be present within the urbanized area of theproject site due to the historical nature of the records and because relatively new vegetationhas been established for previous remedial activities.

References

Carroll, S. K., T. C. Carter and G. A. Feldhamer. 2002. Placement of nets for bats: effects onperceived fauna. Southeastern Naturalist 1:193-198.

NYNHP. 2017. New York Natural Heritage Program. NYNHP Conservation Guide – NorthernLong-eared Bat (Myotis septentrionalis); updated August 8, 2017.http://www.acris.nynhp.org/guide.php?id=7407. Website accessed on January 12, 2020.

NYSDEC. 2020a. Environmental Resource Mapper. http://www.dec.ny.gov/gis/erm/. Websiteaccess on January 12, 2020.

NYSDEC. 2020b. Sturgeons – New York State Department of Environmental Conservation.http://www.dec.ny.gov/animals/7025.html. Website accessed on January 12, 2020.

USFWS. 2015. United States Fish and Wildlife Service. Northern Long-eared Bat Fact Sheet.http://www.fws.gov/midwest/endangered/mammals/nleb/nlebFactSheet.html. Website accessedon January 12, 2020.

USFWS. 2020. United States Fish and Wildlife Service. Information for Planning andConsultation website. https://ecos.fws.gov/ipac/. Website accessed on January 21, 2020.

Yates, M. and R. Muzika. 2006. Effect of forest structure and fragmentation on site occupancyof bat species in Missouri Ozark forests. Journal of Wildlife Management 70:1238-1248.

http://www.acris.nynhp.org/guide.php?id=7407

http://www.dec.ny.gov/gis/erm/

http://www.dec.ny.gov/animals/7025.html

http://www.fws.gov/midwest/endangered/mammals/nleb/nlebFactSheet.html

https://ecos.fws.gov/ipac/

AECOM


Appendix D

New York State Office of Parks,Recreation and HistoricPreservation Correspondence

Director, Division for Historic Preservation

Michael F. Lynch, P.E., AIA

Sincerely,

If further correspondence is required regarding this project, please be sure to refer to the OPRHP Project Review (PR) number noted above.

Based upon this review, the New York SHPO has determined that no historic properties will be affected by this undertaking.

Thank you for requesting the comments of the State Historic Preservation Office (SHPO). We have reviewed the project in accordance with Section 106 of the National Historic Preservation Act of 1966. These comments are those of the SHPO and relate only to Historic/Cultural resources. They do not include potential environmental impacts to New York State Parkland that may be involved in or near your project. Such impacts must be considered as part of the environmental review of the project pursuant to the National Environmental Policy Act and/or the State Environmental Quality Review Act (New York Environmental Conservation Law Article 8).

July 06, 2017

Re:

Ms. Nancy StehlingSenior ArchaeologistAECOM125 Broad Street16th FloorNew York, NY 10004

USACEFormer BASF Manufacturing Facility - Rensselaer, Installation of 520 Feet of New Steel Bulkhead36 Riverside AVenue, Rensselaer, NY17PR04486

Dear Ms. Stehling:

Division for Historic PreservationP.O. Box 189, Waterford, New York 12188-0189 • (518) 237-8643 • www.nysparks.com

ANDREW M. CUOMO

Governor

ROSE HARVEY

Commissioner

AECOM


Appendix E

Project Plans - ExistingConditions, Wetland CreationArea and RiparianEnhancement Plan and CrossSections

T-1 TITLE SHEET

SHEET 1 EXISTING CONDITIONS

SHEET 2 PROPOSED WETLAND CREATION AREA AND RIPARIAN ENHANCEMENT

SHEET 3 CROSS SECTION X1

SHEET 4 CROSS SECTION X2

SHEET 5 PROPOSED EROSION AND SEDIMENTATION CONTROL PLAN

DRAWING DRAWING TITLEDRAWING TITLE DRAWING TITLEDRAWING DRAWING

ALBANY

1 04/06/20

1 04/06/20

1 04/06/20

1 04/06/20

1 04/06/20

1 04/06/20

REV DATEREV DATE

PREPARED BY:

DRAWING

NUMBER

AECOM

RENSSELAER, NEW YORK

Nationwide Permit 27 Application


BASF CORPORATION

www.aecom.com

CHELMSFORD, MA 01824

250 APOLLO DRIVE

T-1

GENERAL NOTES

1. CONTOURS AND ELEVATIONS SHOWN HEREON ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM 1988 (NAVD 88). THE

HORIZONTAL DATUM IS NEW YORK STATE PLAN EAST COORDINATE SYSTEM (NAD 83). ELEVATIONS AND CONTOURS SHOWN WITHIN

THE HUDSON RIVER REFLECT TOP OF SEDIMENT LOCATIONS DETERMINED BY BATHYMETRIC SURVEY.

VICINITY MAP

PROPOSED RIPARIAN

ENHANCEMENT AREA

PROPOSED WETLAND

CREATION AREA

RIV

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SHEET 6 EROSION AND SEDIMENTATION CONTROL DETAILS

SHEET 7 DETAILS

1 04/06/20

0 04/06/20

EXISTING

STORMWATER

POND

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EXISTING WOODEN

BULKHEAD TO REMAIN

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MH

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MEAN HIGH WATER

(MHW) EL. 3.8 FT NAVD88

BASF CORPORATION HUDSON RIVER

WETLAND HABITAT ENHANCEMENT PROJECT


EXISTING CONDITIONS PLAN

SHEET 1 OF 7

EXISTING

STORMWATER

POND

X

2

X

1

1

2

"

H

I

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K

O

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Y

4

8

"

P

O

P

L

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4

8

"

P

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DEEP

WATER

INTER-TIDAL

MARSH

(2080 SF)

TURTLE NESTING

SAND PITS

AVIAN NESTING

PLATFORM

VEGETATED

SWALE

(815 SF)

SHALLOW EMERGENT

INTER-TIDAL MARSH

(3560 SF)

ROOT WADS

WILDLIFE RAMP

(510 SF)

2

4

4

2

6

1

0

8

1

2

14

WETLAND

SHRUB FRINGE

(1665 SF)

EXISTING WOODEN

BULKHEAD TO REMAIN

1

4

6

4

6

8

1

0

1

2

1

4

12

1

2

1

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1

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1

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1

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RIPARIAN

BUFFER

HABITAT

MEAN HIGH WATER


M

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MHW

M

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W

M

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W

M

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W

M

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MHW

M

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M

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M

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BASKING PLATFORMS

PROPOSED

TURTLE

BASKING

PLATFORM





PROPOSED WETLAND CREATION AREA

AND RIPARIAN ENHANCEMENT PLAN

SHEET 2 OF 7

LEGEND

EXISTING CONTOUR

PROPOSED CONTOUR

Elevation

Elevation

Offset

X1

-30

-20

-10

0

10

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-30

-20

-10

0

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-80 -70 -60 -50 -40 -30 -20 -10 0 10 20 30 40 50

EXISTING

GRADE

EXISTING WOODEN

BULKHEAD

(TO REMAIN)

PROPOSED

FINAL GRADE

MHW EL 3.8

MLW EL -1.8

WETLAND SHRUB FRINGE

SHALLOW EMERGENT

INTER-TIDAL MARSH

DEEP WATER

INTER-TIDAL MARSH

TURTLE NESTING SAND

PIT

WILDLIFE RAMP


PROPOSED WOODEN PILES FOR SHORELINE

PROTECTION FROM ICE SHEAR AND TO

ANCHOR TURTLE BASKING PLATFORMS

EROSION AND SEDIMENT

CONTROL BARRIER




CROSS SECTION X1

SHEET 3 OF 7

Elevation

Elevation

Offset

X2

-30

-20

-10

0

10

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40

-30

-20

-10

0

10

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-80 -70 -60 -50 -40 -30 -20 -10 0 10 20 30 40 50

MHW EL 3.8

EXISTING GRADE

MLW EL -1.8

EXISTING WOODEN

BULKHEAD

(TO REMAIN)

PROPOSED

FINAL GRADE

WETLAND

SHRUB FRINGE

SHALLOW EMERGENT

INTER-TIDAL MARSH

DEEP WATER

INTER-TIDAL MARSH

BANKRIPARIAN BUFFER HABITAT

PROPOSED WOODEN PILES FOR SHORELINE

PROTECTION FROM ICE SHEAR AND TO

ANCHOR TURTLE BASKING PLATFORMS


CONTROL BARRIER




CROSS SECTION X2

SHEET 4 OF 7

EXISTING

STORMWATER

POND

X

2

X

1

1

2

"

H

I

C

K

O

R

Y

4

8

"

P

O

P

L

A

R

4

8

"

P

O

P

L

A

R

DEEP

WATER

INTER-TIDAL

MARSH

(2080 SF)

TURTLE NESTING

SAND PITS

AVIAN NESTING

PLATFORM

VEGETATED

SWALE

(815 SF)

SHALLOW EMERGENT

INTER-TIDAL MARSH

(3560 SF)

ROOT WADS

WILDLIFE RAMP

(510 SF)

2

4

4

2

6

1

0

8

1

2

14

WETLAND

SHRUB FRINGE

(1665 SF)

EXISTING WOODEN

BULKHEAD TO REMAIN

1

4

6

4

6

8

1

0

1

2

1

4

12

1

2

1

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1

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-2

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RIPARIAN

BUFFER

HABITAT

MEAN HIGH WATER


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MHW

SILT CURTAIN

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M

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MHW

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CONTROL BARRIER




BASKING PLATFORMS

PROPOSED

TURTLE

BASKING

PLATFORM





PROPOSED EROSION AND

SEDIMENTATION CONTROL PLAN

SHEET 5 of 7

LEGEND

EXISTING CONTOUR

PROPOSED CONTOUR




EROSION AND SEDIMENTATION

CONTROL DETAILS

SHEET 6 of 7

FLOW

2 SILT CURTAIN

SCALE: NTS

PLAN VIEW

SILT FENCE

STAKES

STRAW BALES OR STRAW WATTLES

6' MAX.

B

AREA UNDER CONSTRUCTION

SHEET FLOW

WIRE TIE

SILT FENCE INSTALLATION NOTES

1. SET POSTS AND EXCAVATE A 6" BY 6" TRENCH

UPSLOPE ALONG THE LINE OF POSTS.

2. ATTACH FILTER FABRIC TO FENCE POST AND EXTEND

IT INTO THE TRENCH.

3. BACKFILL AND COMPACT THE TRENCH USING THE

EXCAVATED SOIL.

STRAW BALE/WATTLE INSTALLATION NOTES

1. EXCAVATE A 4" DEEP TRENCH TO MATCH THE WIDTH

OF THE STRAW BALES.

2. PLACE BALES IN TRENCH WITH ENDS TIGHTLY

ABUTTING THE ADJACENT BALES.

3. ANCHOR BALES BY EITHER TWO STAKES OR RE-BARS

DRIVEN THROUGH THE BALE. THE FIRST STAKE SHALL

BE DRIVEN TOWARD THE PREVIOUSLY LAID BALE AT

AN ANGLE TO FORCE THE BALES TOGETHER. STAKES

SHALL BE DRIVEN FLUSH WITH THE BALE.

4. ADJOINING BALES SHALL BE SECURELY TIED

TOGETHER TO PREVENT MOVEMENT.

5. STRAW WATTLES MAY BE USED IN LIEU OF STRAW

BALES. IF USED, WATTLES SHALL BE INSTALLED AND

SECURED IN PLACE PER MANUFACTURER'S

RECOMMENDATIONS.

1 STRAW BALE/SILT FENCE

SCALE: NTS




DETAILS

SHEET 7 of 7

3 TURTLE BASKING PLATFORM

SCALE: NTS

4 WOODEN PILES

SCALE: NTS

20 F

T

GENERAL NOTES:

1. PILES DRIVEN TO ELEVATION -16.2.

EL 3.8: MHW

EL -16.2

EL 1: TOP OF EXISTING WOODEN BULKHEAD

EL -1.8: MLW

EL -3.0: APPROXIMATE MUDLINE

(MUDLINE ELEVATION VARIES)

AECOM


Appendix F

Permission to Inspect Property

AECOM


Appendix G

List of Abutting Properties

List of Abutting Properties - 36 Riverside Avenue

Property Owner Tax Map and Parcel Number Property Owner Address Property Address Property Type

Albany-Rensselaer Port District Commission

154-5-3/1 106 Smith Blvd Albany, NY, 12202

230 Riverside Rensselaer City, NY, 12144

Pier/Warf Building Office Loading dock

AMRI Rensselaer, Inc.

154-5-1/1 33 Riverside Ave Rensselaer, NY, 12144

33 Riverside Ave Rensselaer, NY, 12144

Buildings and Sub-Station

BASF Wyandotte Corp

154-5-2/13 Tax Department 100 Park Ave Florham Park, NJ, 07932

39 Riverside Ave Rensselaer, NY, 12144

Former BASF Facility

City of Rensselaer 154-5-3/4 Attn. Harry Brand c/o Rensselaer Cogeneration LLC 39 Riverside Ave Rensselaer, NY, 12144

Riverside Ave Rensselaer City, NY, 12144

Hadson Power Partners

(Electric-fossil fuel)

New Castle Asphalt 154-5-3/5 159 Brick Church Rd Troy, NY, 12180

40 Riverside Ave Rensselaer City, NY, 12144

Manufacturing

Rensselaer Iron & Steel Inc.

154-5-3/2 35 Riverside Ave PO Box 246 Rensselaer, NY, 12144-0246

35 Riverside Ave Rensselaer, NY, 12144-0246

Storage

Rensselaer Iron & Steel Inc.

154-5-3/3 35 Riverside Ave PO Box 246 Rensselaer, NY, 12144-0246

Riverside Ave Rensselaer City, NY, 12144

Scrap metal recycling, Junkyard

AECOM


Appendix H

Short EnvironmentalAssessment Form

of 3

Short Environmental Assessment Form Part 1 - Project Information

Instructions for Completing

Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information.

Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item.

Part 1 – Project and Sponsor Information

Name of Action or Project:

Project Location (describe, and attach a location map):

Brief Description of Proposed Action:

Name of Applicant or Sponsor: Telephone:

E-Mail:Address:

City/PO: State: Zip Code:

1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,administrative rule, or regulation?

If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2.

NO YES

2. Does the proposed action require a permit, approval or funding from any other government Agency?If Yes, list agency(s) name and permit or approval:

NO YES

3. a. Total acreage of the site of the proposed action? __________ acres b. Total acreage to be physically disturbed? __________ acres c. Total acreage (project site and any contiguous properties) owned

or controlled by the applicant or project sponsor? __________ acres

4. Check all land uses that occur on, are adjoining or near the proposed action:

5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban)

Aquatic Other(Specify):□ Forest Agriculture

□ Parkland

SEAF 2019











of 3

5. Is the proposed action,

a. A permitted use under the zoning regulations?

b. Consistent with the adopted comprehensive plan?

NO YES N/A

6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES

7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?

If Yes, identify: ________________________________________________________________________________

NO YES

8. a. Will the proposed action result in a substantial increase in traffic above present levels?

b. Are public transportation services available at or near the site of the proposed action?

c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposedaction?

NO YES

9. Does the proposed action meet or exceed the state energy code requirements?

If the proposed action will exceed requirements, describe design features and technologies:

_____________________________________________________________________________________________

_____________________________________________________________________________________________

NO YES

10. Will the proposed action connect to an existing public/private water supply?

If No, describe method for providing potable water: _________________________________________

_____________________________________________________________________________________________

NO YES

11. Will the proposed action connect to existing wastewater utilities?

If No, describe method for providing wastewater treatment: ______________________________________

_____________________________________________________________________________________________

NO YES

archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?

NO YES

13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, containwetlands or other waterbodies regulated by a federal, state or local agency?

b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?

If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

NO YES

12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or districtwhich is listed on the National or State Register of Historic Places, or that has been determined by theCommissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on theState Register of Historic Places?

b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for












AECOM


Appendix I

Federal ConsistencyAssessment Form

NEW YORK STATE DEPARTMENT OF STATE

COASTAL MANAGEMENT PROGRAM

Federal Consistency Assessment Form

An applicant, seeking a permit, license, waiver, certification or similar type of approval from a federal agency which

is subject to the New York State Coastal Management Program (CMP), shall complete this assessment form for any

proposed activity that will occur within and/or directly affect the State's Coastal Area. This form is intended to

assist an applicant in certifying that the proposed activity is consistent with New York State's CMP as required by

U.S. Department of Commerce regulations (15 CFR 930.57). It should be completed at the time when the federal

application is prepared. The Department of State will use the completed form and accompanying information in its

review of the applicant's certification of consistency.

A. APPLICANT (please print)

1. Name: _____________________________________________________________________________________

2. Address: ___________________________________________________________________________________

3. Telephone: Area Code ( ) __________________________________________________________________

B. PROPOSED ACTIVITY:

1. Brief description of activity:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

2. Purpose of activity:

______________________________________________________________________________________

______________________________________________________________________________________

3. Location of activity:

______________________ __________________________ __________________________

County City, Town, or Village Street or Site Description

4. Type of federal permit/license required: ______________________________________________________

5. Federal application number, if known: _______________________________________________________

6. If a state permit/license was issued or is required for the proposed activity, identify the state agency and

provide the application or permit number, if known:

______________________________________________________________________________________

devlinm2

Typewriter

973

C. COASTAL ASSESSMENT Check either "YES" or "NO" for each of these questions. The numbers following

each question refer to the policies described in the CMP document (see footnote on page 2) which may be affected

by the proposed activity.

1. Will the proposed activity result in any of the following: YES/NO

a. Large physical change to a site within the coastal area which will require the preparation of an

environmental impact statement? (11, 22, 25, 32, 37, 38, 41, 43) __ __

b. Physical alteration of more than two acres of land along the shoreline, land under water or

coastal waters? (2, 11, 12, 20, 28, 35, 44) __ __

c. Revitalization/redevelopment of a deteriorated or underutilized waterfront site? (1) __ __

d. Reduction of existing or potential public access to or along coastal waters? (19, 20) __ __

e. Adverse effect upon the commercial or recreational use of coastal fish resources? (9,10) __ __

f. Siting of a facility essential to the exploration, development and production of energy

resources in coastal waters or on the Outer Continental Shelf? (29) __ __

g. Siting of a facility essential to the generation or transmission of energy? (27) __ __

h. Mining, excavation, or dredging activities, or the placement of dredged or fill material in

coastal waters? (15, 35) __ __

i. Discharge of toxics, hazardous substances or other pollutants into coastal waters? (8, 15, 35) __ __

j. Draining of stormwater runoff or sewer overflows into coastal waters? (33) __ __

k. Transport, storage, treatment, or disposal of solid wastes or hazardous materials? (36, 39) __ __

l. Adverse effect upon land or water uses within the State's small harbors? (4) __ __

2. Will the proposed activity affect or be located in, on, or adjacent to any of the following: YES/NO

a. State designated freshwater or tidal wetland? (44) __ __

b. Federally designated flood and/or state designated erosion hazard area? (11, 12, 17) __ __

c. State designated significant fish and/or wildlife habitat? (7) __ __

d. State designated significant scenic resource or area? (24) __ __

e. State designated important agricultural lands? (26) __ __

f. Beach, dune or Barrier Island? (12) __ __

g. Major ports of Albany, Buffalo, Ogdensburg, Oswego or New York? (3) __ __

h. State, county, or local park? (19, 20) __ __

i. Historic resource listed on the National or State Register of Historic Places? (23) __ __

3. Will the proposed activity require any of the following: YES/NO

a. Waterfront site? (2, 21, 22) __ __

b. Provision of new public services or infrastructure in undeveloped or sparsely populated

sections of the coastal area? (5) __ __

c. Construction or reconstruction of a flood or erosion control structure? (13, 14, 16) __ __

d. State water quality permit or certification? (30, 38, 40) __ __

e. State air quality permit or certification? (41, 43) __ __

4. Will the proposed activity occur within and/or affect an area covered by a State-approved local

waterfront revitalization program, or State-approved regional coastal management program? __ __

(see policies in program document*)

AECOM Environment 1

BASF Rensselaer Hudson River Wetland Habitat Enhancement Project March 2020Joint Application for PermitAttachment to the Federal Consistency Assessment Form (FCAF)

Analysis of Coastal Management Policies – FederalConsistency Assessment FormThe following narrative identifies which CMP policies will be potentially affected by the proposedproject, assesses the potential effects of the proposed work upon each policy, and states how theactivity is consistent with each policy. As required by Sections C and D of the FederalConsistency Assessment Form (FCAF), CMP policies that may be affected by the proposedproject are expanded upon below. Affirmative answers on the Federal Consistency AssessmentForm are noted in brackets, where appropriate. Policies not directly relevant to the proposed workhave been omitted from this discussion.

POLICY 2: Facilitate the siting of water dependent uses and facilities on or adjacent tocoastal waters. [Assessment Form Item C.3.a]

The proposed project is consistent with this policy. The proposed work consists of theconstruction of a 0.17-acre wetland creation area adjacent to the Hudson River and riparianhabitat enhancement. Given the nature of this project, activities will be conducted from theadjacent waterfront site.

POLICY 3: Further develop the State's major ports of Albany, Buffalo, New York,Ogdensburg, and Oswego as centers of commerce and industry, and encourage the siting,in these port areas, including those under the jurisdiction of State public authorities, ofland use and development which is essential to, or in support of, the waterbornetransportation of cargo and people. [Assessment Form Item C.2.g]

The proposed activities are consistent with this policy. Albany-Rensselaer Port District landsare located immediately south of the Site. The project proponent has coordinated projectactivities with the Port. The proposed activities will not result in new land use or development inthis area.

Policy 7: Significant coastal fish and wildlife habitats will be protected, preserved, andwhere practical, restored so as to maintain their viability as habitats. [Assessment FormItem C.2.c]

The proposed activities are consistent with this policy. The proposed work consists of theconstruction of a wetland creation area, riparian enhancement area and habitat enhancementadjacent to the Hudson River. Coastal fish and wildlife habitats within the Hudson River will beprotected and the adjacent land area will be improved from existing conditions from the proposedhabitat enhancement and restoration from the project to provide additional adjacent wetland andupland riparian habitat. The proposed activities will create approximately 0.17 acres of new fringewetland. This is a resource area that does not currently exist at the Site and that is in short supplyalong the industrialized section of the Hudson River. Creation of fringe wetland habitat willprovide immediate environmental benefit to the river, consisting of a stable and ecologicallyvaluable connection between the river and its upland buffer zone.

Policy 8: Protect fish and wildlife resources in the coastal area from the introduction ofhazardous wastes and other pollutants which bio-accumulate in the food chain or whichcause significant sublethal or lethal effect on those resources. [Assessment Form itemC.1.i]

AECOM Environment 2


The proposed activities are consistent with this policy. The proposed activities will beconducted in accordance with the Water Quality Certificate issued by the NYSDEC and will notintroduce hazardous waste or their pollutants that bio-accumulate in the food chain of causesignificant sublethal or lethal effect on those resources.

Policy 11: Buildings and other structures will be sited in the coastal area so as to minimizedamage to property and the endangering of human lives caused by flooding and erosion.[Assessment Form Items C.2.b]

The proposed activities are consistent with this policy. No new buildings or permanentstructures are proposed in association with the project. River and weather conditions will bemonitored during construction activities and appropriate site securing measures will be taken inthe event of an anticipated flooding event on the Hudson River.

POLICY 12: Activities or development in the coastal area will be undertaken so as tominimize damage to natural resources and property from flooding and erosion byprotecting natural protective features including beaches, dunes, barrier islands and bluffs.[Assessment Form Items C.2.b]

The proposed activities are consistent with this policy. Specific measures will be employedto minimize damage due to potential flooding and erosion during Site activities, includinginstallation of turbidity curtains, installation and maintenance of erosion control best managementpractices (BMPs), off-site disposal of excavated material, and environmental monitoring ofactivities in sensitive areas. No natural protective features will be damaged by the proposedactivities, and no beaches, dunes, barrier islands or bluffs are present at the Site.

POLICY 17: Non-structural measures to minimize damage to natural resources andproperty from flooding and erosion shall be used whenever possible. [Assessment FormItem C.2.b]

The proposed activities are consistent with this policy. The proposed constructed fringewetland is a non-structural measures that will be implemented to protect the southernmost 300’ ofthe Project area shoreline. The remainder of the Project shoreline is currently, and will remain,protected by bulkheads. Temporary construction period BMPs will be in place and maintained inaccordance with the site-specific Stormwater Pollution Prevention Plan.

POLICY 20: Access to the publicly-owned foreshore and to lands immediately adjacent tothe foreshore or the water's edge that are publicly-owned shall be provided and it shall beprovided in a manner compatible with adjoining uses. [Assessment Form Item C.3.a]

The proposed activities are consistent with this policy. No work will occur which will alteraccess to publicly-owned foreshore, lands immediately adjacent to the foreshore or the water’sedge that are publicly-owned. No permanent impediments to navigation or public access willoccur. Work will be located on BASF-owned property. No upland public access is currentlyavailable at the Site. The proposed project will not adversely affect future potential public accessto coastal waters.

POLICY 21: Water dependent and water enhanced recreation will be encouraged andfacilitated, and will be given priority over non-water-related uses along the coast.[Assessment Form Item C.3.a]

AECOM Environment 3


The proposed activities are consistent with this policy. The proposed work consists of theconstruction of a wetland creation area, riparian enhancement area and habitat enhancementadjacent to the Hudson River. Following completion of the project, water dependent recreationalpotential of the river will be enhanced.

POLICY 22: Development when located adjacent to the shore will provide for water-relatedrecreation whenever such use is compatible with reasonably anticipated demand for suchactivities, and is compatible with the primary purpose of the development. [AssessmentForm Item C.3.a]

The proposed activities are consistent with this policy. The proposed work consists of theconstruction of a wetland creation area, riparian enhancement area and habitat enhancementadjacent to the Hudson River. No new riverfront development is proposed. Water-relatedrecreation is not currently conducted at this industrial project site. The proposed activities wouldnot preclude future water-related recreation opportunities at the Site.

POLICY 30: Municipal, industrial, and commercial discharge of pollutants, including butnot limited to, toxic and hazardous substances, into coastal waters will conform to Stateand National water quality standards. [Assessment Form C.3.d]

The proposed activities are consistent with this policy. The proposed activities will beconducted in accordance with the Water Quality Certificate issued by the NYSDEC.

POLICY 33: Best management practices will be used to ensure the control of stormwaterrunoff and combined sewer overflows draining into coastal waters. [Assessment FormC.1.j]

Best management practices include both structural and non-structural methods of preventing ormitigating pollution caused by the discharge of stormwater runoff. Specific measures will beemployed to minimize potential stormwater runoff during construction activities, includinginstallation of turbidity curtains, and installation and maintenance of erosion control bestmanagement practices (BMPs).

POLICY 38: The quality and quantity of surface water and groundwater supplies, will beconserved and protected, particularly where such waters constitute the primary or solesource of water supply. [Assessment Form Item C.3.d]

The proposed activities are consistent with this policy. The proposed activities will beconducted in accordance with the Water Quality Certificate issued by the NYSDEC. Surface andgroundwater at the Site do not constitute primary or sole source of water supplies. Specificmeasures will be employed in order to protect surface water and groundwater supplies during theproposed remedial activities, including use of turbidity curtains and implementation of temporaryconstruction period BMPs.

POLICY 39: The transport, storage, treatment and disposal of solid wastes, particularlyhazardous wastes, within coastal areas will be conducted in such a manner so as toprotect groundwater and surface water supplies, significant fish and wildlife habitats,recreation areas, important agricultural land, and scenic resources. [Assessment FormItem C.2.c]

AECOM Environment 4


The proposed activities are consistent with this policy. The proposed activities will beconducted in accordance with the Water Quality Certificate issued by the NYSDEC. Surface andgroundwater at the Site do not constitute primary or sole source of water supplies. Specificmeasures will be employed in order to protect surface water and groundwater supplies during theproposed remedial activities, including use of turbidity curtains and implementation of temporaryconstruction period BMPs.

POLICY 40: Effluent discharged from major steam electric generating and industrialfacilities into coastal waters will not be unduly injurious to fish and wildlife and shallconform to state water quality standards. [Assessment Form Item C.3.d]

This policy is not applicable. The proposed activities are not related to effluent discharged frommajor steam electric generating and industrial facilities into coastal waters.

Policy 44: Preserve and protect tidal and freshwater wetlands and preserve the benefitsderived from these areas. [Assessment Form item C.2.a]

The proposed activities are consistent with this policy. The proposed activities will createapproximately 0.17 acres of new fringe wetland. This is a resource area that does not currentlyexist at the Site and that is in short supply along the industrialized section of the Hudson River.Creation of fringe wetland habitat will provide immediate environmental benefit to the river,consisting of a stable and ecologically valuable connection between the river and its upland bufferzone.

Analysis of City of Rensselaer Local Waterfront Revitalization Program Coastal Policies

Analysis of City of Rensselaer Local Waterfront Revitalization Program (LWRP) includes 44Coastal Policies which are consistent with the State Coastal Policies, as discussed above (whereapplicable). In some instances, the Rensselaer LWRP Coastal Policies are elaborated uponbeyond the New York State language in order to reflect the specific local conditions and concernsof the Rensselaer Riverfront Development Plan (City of Rensselaer, 1981). Given the nature ofthe proposed ecological enhancement project, the discussion presented above regarding theproject’s potential effect on State-wide Coastal Policies is consistent with, and reflective of, theprojects potential effects at a local level and on the LWRP Coastal Policies.

joint application for permits · 2020-07-01 · nps national park service nrd natural resource...

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