November 13, 2002
Office of the Assistant General Counsel for Ocean Services
National Atmospheric and Oceanic Administration
U.S. Department of Commerce
1305 East-West Highway, Room 6111
Silver Spring, Maryland 20910
RE: Comments on the Millennium Pipeline Proposal by the Village of Croton-on- Hudson Water Control Commission.
Dear Sir/Madam:
My name is Charlie Kane, and I am the chairman of the Water Control Commission of the Village of Croton-on-Hudson. On behalf of the Commission, I would like to offer the following comments focusing on the ecological impacts of the proposed Haverstraw Bay crossing.
Haverstraw Bay, within the Village of Croton-on-Hudson, possesses several unique physical and biological characteristics making it one of the most significant fish and wildlife habitats on the Northeast Coast of the United States. This special area of the Hudson, characterized by sunlit shallow depths, submerged vegetation and inflows of brackish Atlantic Ocean water overlain by upstream fresh water flows, make this area a perfect estuarine environment for supporting aquatic biodiversity. These features also create an essential “nutrient trap” that is directly related to the biological productivity of the Bay and its use as a spawning ground and nursery for newly-spawned “young of the year” of many important Hudson River and North Atlantic
Coastal fish species. No other area of the Hudson’s 315-mile course from the Adirondack wilderness to the Atlantic Ocean possesses these environmentally significant physical characteristics. For these reasons, Haverstraw Bay could be called the “ecological engine” of the Hudson River estuary. It is this very area, however, that will be directly impacted by Millennium’s unprecedented pipeline crossing proposal.
Millennium proposes to dredge, blast, excavate, and back fill 200,000 cubic yards of sedimentary and mica shist bedrock material during the crossing of Haverstraw Bay. Almost two miles of the proposed dredging and blasting operations will occur in areas of Haverstraw Bay that have been undisturbed since it’s creation 14,000 years ago by the retreating Wisconsin Glacier. Directly impacted by the proposed crossing will be 4,724,000 square feet of pristine benthic habitat with submerged aquatic vegetation. No amount of mitigation or restoration, at any cost, will restore this sensitive habitat to its previously undisturbed state.
Burial or destruction of the lowest forms of Bay life by dredging, siltation, resuspension of sediments, or backfilling operations related to dredging or blasting of benthic habitat, threatens to interrupt the food web that exists in Haverstraw Bay. The impacts of the crossing will be exacerbated due to tidal action and the low flushing rate in the Bay. As a result, silt from dredging, blasting, or backfilling operations will be deposited back and forth in the Bay and beyond every six hours with the changing tides, never actually leaving the Bay. Naturally occurring turbulence along the salt wedge will also exacerbate the resuspension of sediments and siltation in the entire Bay area, possibly destroying its benthic communities. These all-important lower
forms of life keep energy and nutrients circulating in Haverstraw Bay. Any interruption of the food web could threaten the viability of the “young of the year” fish spawn.
Of particular concern is the Endangered Shortnose Sturgeon, a species that pre-dates the Jurassic period, which migrates to the northern end of Haverstraw Bay during late fall. Many of these ancient species over-winter in the Bay, moving slowly north and south with the tides, but never actually leaving the Bay area. It had already been acknowledged that Millennium’s proposed dredging operations would result in direct mortality of endangered sturgeons. Now Millennium proposes to detonate explosives in this area as well - this will further increase the risk of mortality or injury to this species and the destruction of protected benthic habitat. Various studies have shown mitigation techniques such as air bubble curtains or noise making devices to be ineffective or of limited
value in protecting fish species or benthic invertebrates from blast pressures.
In spite of all these impacts, there are several alternatives that would completely avoid Haverstraw Bay’s Significant Coastal Fish and Wildlife Habitat zone. These alternatives were either not considered by Millennium or dismissed without a full and proper evaluation of coastal and significant habitat impacts. Most notably, the Palisades/Dobbs Ferry Alternatives #1 & #2. These alternatives would place the crossing almost 10 nautical miles south of Haverstraw Bay, and would be shorter, less costly, and have far less environmental impacts to Significant Coastal Fish and Wildlife Habitat and other important coastal resources.
Approximately 3,000 feet of the 6,000 ft crossing at Palisades/Dobbs Ferry will be in water depths of 40 to 45 feet, depths at which benthic submerged vegetation cannot exist do to the lack of sunlight. At the crossing location of the Palisades/Dobbs Ferry alternative, the Hudson River narrows to approximately one mile, river flows accelerate, especially on the ebb tide, considerably increasing the flushing rate to New York Harbor of any suspended material due to dredging and or blasting. Due to the pre-existing Tennessee Pipeline crossing at this location, benthic communities and submerged vegetation have experienced prior disturbance. Therefore, placing the Millennium pipeline in this area would comport with the CZMA’s mandate to site new coastal facilities in areas where
development already exists.
In closing, the Village of Croton Water Control Commission respectfully requests the thorough review and consideration of alternative routes, especially the Palisades/Dobbs Ferry Alternatives.
Charles Kane
Chairman, Water Control Commission and
Member of Water Advisory Committee
Village of Croton-on-Hudson, New York 10520
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