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R.J. O'CONNELL ASSOCIATES, INC. (973) 239-7252

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HUDSON COUNTY IMPROVEMENT AUTHORITY

PUBLIC HEARING RE:

KOPPERS PENINSULA INFRASTRUCTURE

SPINE ROAD IMPROVEMENTS

LOCATED IN THE TOWN OF KEARNY, HUDSON COUNTY

NJDEP PROJECT #S340094-02

LEVEL 2 ENVIRONMENTAL REVIEW

NEW JERSEY WATER BANK PROGRAM

THURSDAY, JULY 29, 2021

VIA ZOOM.GOV TELECONFERENCE

PANELISTS:

MICHAEL O'CONNOR, ESQUIREDIRECTOR OF PLANNING, DEPUTY GENERAL COUNSEL

JOHN BOLAN, PS&SCONSULTING ENGINEER

BRIAN McPEAK, PS&SENVIRONMENTAL PLANNER

R.J. O'CONNELL ASSOCIATESP.O. BOX 277

CEDAR GROVE, NEW JERSEY 07009(973) 239-7252


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PRESENTATION BY:

MICHAEL O'CONNOR PAGE 3

JOHN BOLAN PAGE 8

BRIAN McPEAK PAGE 14

--------------------------------------------------

EXHIBITS

EXHIBIT A PowerPoint printout referred toby the Panelists and identified as"Exhibit A" by Mr. O'Connor at page 20 of this transcript

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COMMENTS FROM THE PUBLIC:

NO COMMENTS MADE FROM THE PUBLIC


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(The meeting commences at 6:00 p.m.)

MR. O'CONNOR: My name is Mike O'Connor

and I'm the Director of Planning and Deputy

General Counsel to the Hudson County Improvement

Authority and this is a public hearing for the

Koppers Peninsula Infrastructure Project.

Due to the ongoing COVID state of

emergency, the Hudson County Improvement Authority

is conducting this public hearing through our

Zoom.gov virtual meeting service in accordance

with the Governor's Executive Order 103, as

amended by Order 244.

The New Jersey Department of

Environmental Protection has reviewed

documentation for the proposed Koppers Peninsula

Infrastructure Project and has determined that in

order to qualify for financing, under the New

Jersey Water Bank program, this project warrants a

Level 2 Environmental Review pursuant to Title 7,

Chapter 22, subchapter 10 of the New Jersey

Administrative Code.

Located on the Koppers Koke Peninsula in

the Town of Kearny, Hudson County, this project

will provide critical infrastructure improvements

as part of the design and construction of a nearly

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10,000 linear foot access road incorporating

stormwater management facilities, certain water

supply, and sanitary sewerage conveyance

facilities essential to redevelopment of the brown

fields which comprise the peninsula.

The cost of the project proposed to be

funded through the program are estimated to be

approximately $51,000,000 and are subject to a

determination of program eligibility by the NJDEP.

Information on the proposed project,

including planning documents, has been made

available at the Authority's website, which is

www.HCIA.org. Planning documents concerning the

proposed project are also on file and have been

made available for review at the Town of Kearny

Public Library, Town of Kearny Office of Municipal

Clerk, Office of the Hudson County Clerk and the

offices of the Authority.

In addition to participating in this

public hearing, members of the public have been

provided the opportunity to submit comments

regarding the proposed project in writing to the

Authority via email and regular mail. As of the

start of this hearing, we've not received any

emails or correspondence or comments by regular

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mail.

Notice of the hearing has been timely

published 30 days -- more than 30 days prior to

today in the Jersey Journal and the Star Ledger,

as well as posted on the Authority's website, and

provided to the Clerks of Hudson County and the

Town of Kearny.

We're conducting this as a webinar.

Joining me today as panelists for this hearing are

the Authority's long time consulting engineer,

John Bolan; and environmental planner, Brian

McPeak, both with the firm of PS&S; Gillian Hanson

is also with us to coordinate communication for

the Authority. And John and I will give a brief

background and overview of the site and project,

Brian will then summarize the environmental

planning documentation.

Once our presentation is complete, we'll

provide opportunity for the public to comment for

the record. And I'll explain -- Gillian and I

will explain how the public can participate once

we finish the presentation.

So with that, I'm going to move forward

with our little PowerPoint here and put this slide

up, a basic overview of the site. This is a

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critical redevelopment site, regional

redevelopment site. The approximately 200-acre

Koppers Peninsula was the location for intense

industrial operations for a number of companies

through much of the 20th century that resulted in

significant contamination.

The County of Hudson purchased about 135

acres of the peninsula, the majority of the

peninsula, which has been previously owned by the

Koppers Koke Company, they operated on this

portion of the peninsula for most of the 20th

century up until around 1980. They processed

various materials. And they left the site

approximately in 1980 and the County purchased the

site then.

Ultimately, the Improvement Authority

became the repository and owner of the property.

The responsible parties have been conducting

remediation ever since then. Most of the site

over the course of time has been filled with

processed dredge material which acts as a cap for

contamination.

The entire peninsula and the Koppers

Koke site itself is within the Meadowlands

district. And the responsibility for land use and

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planning for that, for the Meadowlands district is

sited with New Jersey Sports and Exposition

Authority.

In April 2017, the NJSEA declared the

redevelopment of the site a vital project.

Subsequently, the HCIA sold the remaining portion

of the property, some of which had been previously

acquired by New Jersey Transit. The remaining

portion was sold to Morris Kearny Associates Urban

Renewal. And Morris is in process of finalizing

plans with the Sports Authority to construct

approximately 2.1 million square feet of warehouse

buildings in two or three different facilities.

The HCIA is facilitating the construction of a

major access road and related infrastructure for

the entire peninsula.

So with that, I'm going to share now, we

have a video. So this is a multimedia

presentation. We have a drone video, which is

from about 18 months ago, I think. But I'm going

to put it up on the screen. And then John Bolan,

who has been working on this site for various

entities for more than 30 years can basically walk

us through the property, give us some details, and

describe some of the infrastructure. And then

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we'll pass it along to Brian for him to go through

the remaining environmental documentation.

So I'm going to share screen again.

John, I'm going to see if I can get this video up,

see if we can do this. There it is.

MR. BOLAN: Okay.

MR. O'CONNOR: So, John, I'm going to

start. You just tell me to start and stop and

I'll try to point the cursor.

MR. BOLAN: Stop it right now, freeze it

right now. This video will take off from west to

east. If you back up about ten seconds, Mike,

thank you.

What you see in the foreground are

roadways, there are two roadways to the right, on

the right-hand side -- left-hand side. One is New

Jersey Route 7, also known as Belleville Turnpike.

Adjacent to it is also Route 527, which is known

as Harrison Avenue, Harrison Turnpike. Those are

major roadways and highways. They are potential

access points for the site. Currently, this site

does not have any reasonably good access points.

And as we'll see as the photo moves down, the

current access point is totally inadequate.

The road will begin in the uppermost

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corner of the screen, if Mike would put the cursor

there. Basically it will travel along the edge,

as the cursor goes down, along this dirt path and

make its way down the site. At the extreme top

intersection, if Mike can put the cursor back

there, there will be a new signalized

intersection. It will be a new intersection in

the sense that both sides of Route 7, where it

connects to, will be able to access the road.

Mike, if you could unfreeze it, please.

As the drone moves down, you'll see what looks

like a silvery area, that silvery area is an area

that has been covered with crushed stone for dust

control. The proposed access road is on your

right, turning around, the drone is turning

around. And it basically follows the dirt path on

the right, as it goes down, down the long linear

route along the Koppers site. The Koppers site

is -- although it's 100-plus acres, is a long

slender property. And from one end to the other

is essentially a mile, a little more than a mile

from one end to the other.

As it progresses down along the right,

you can see the embankment of the Morris and Essex

Division, Morris and Essex Division is a commuter

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railroad and that embankment has been there for

more than 100 years.

As the video keeps progressing downward,

you'll see a crossroad. Mike, if you can stop.

That crossroad is a road underneath the Morris and

Essex Division embankment, it's called the tunnel.

It was built in the 1920s and it's inadequate for

modern traffic. So inadequate that if you have a

large pickup truck, you need to fold the mirrors

to get through. Certainly, a large tractor

trailer will not fit through there, which is one

of the main reasons why another access road is

needed. Please start the video again.

As the video progresses, on your right,

you'll see a trestle. The Morris and Essex

Division goes -- there's a trestle that goes over

towards the Hackensack River. The new access road

will continue down the trestle and will go through

the trestle and around, back around to a

connection to Route 7. So there will be two

connections to Route 7, one on the west and one on

the east. And the 10,000 foot plus road, which is

approximately two lanes wide, will run that entire

length. The road will, as Mike indicated, will

carry water, sewer, electric, gas, telephone, and

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data for the development. And that's basically

about it in terms of the road.

The Koppers site is on a river location,

which makes it attractive for industrial

development. And the river location, you can see,

you know, from the left all the way around to the

right, which is Hackensack River. Across the

river from the site is a former location of the

Hudson generating station, which was

decommissioned by PSE&G and has been sold to a

developer, and the developer in the process of

doing that.

In the immediate middle of the photo,

there are piles and what looks like a processing

operation. That was the area where processed

dredging materials were made. That operation has

now left the site and those piles are gone. Next

slide, please.

MR. O'CONNOR: Okay. I'm going to back

to the PowerPoint.

MR. BOLAN: Okay. This is a spacial

map, which gives you a sense of the whole site.

As you can see again, it's a long narrow site.

The yellow line that's shown on this is the path

of the proposed road. In the far west, you can

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see the intersection with Route 7. In the east,

you can see the intersection that comes around to

what's called Fish House Road, which is a direct

connection to Route 7. Next slide, please.

This is an aerial photo, which gives a

little bit better depth to what's being planned.

There are detention basins on the Koppers site,

one of which is in the middle, one of which is in

the most westerly portion of the site, and there's

a third also in the most westerly portion of the

site also. These three detention basins were set

up for stormwater management and that will change

as the development goes. Again, you can see the

road and how the connection is going to be made in

the east and the west. Next slide, please.

Okay. Here's a basic description of the

funding request. What's being -- what's happening

is very simple, I think, in every way. The spine

road is the improved access for the entire

peninsula. At this point, the only way in, only

way out in a good way is through this sort of

tunnel underneath the Morris and Essex Division.

So a new roadway is definitely in order, all of

the pieces of the peninsula can benefit from.

Stormwater management. There will be

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stormwater management facilities that will be

built within the road that will pick up drainage

from parts of the site. There will be new water

lines put in. The new water lines will make

connection to a separate project, separate trunk

water project, which is being built. And the

water facilities will actually provide a loop

connection from two different water mains, which

will improve and enhance any water needs of the

development.

Sanitary sewerage. There will be a new

pump station built as a separate project. But

connecting to that will be all the secondary

sewers that will use the road and will come from

the development and come into that new pumping

station.

As indicated before, natural gas,

electric, cable, and phone utilities will use the

road as a conduit and as an access point. A

funding request was submitted to Jersey

Infrastructure Bank. As Mike indicated, it was a

level 2 planning document that was to support

that. There were also numerous other documents

which were submitted to NJI bank. Next slide,

please.

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Brian, I'm going to give this over to

Brian McPeak.

MR. McPEAK: Thank you, Mr. Bolan. So I

was involved in the development and documentation

of what the I Bank refers to as a level 2

environmental review. Level 2 environmental

review is a disclosure document, in effect, that

discusses the project relative to the purpose and

need for the project to occur. It outlines and

presents what the existing environmental

conditions are on the site. If you could go back

that one slide, please, Mike.

It identifies constraints that may be

faced in implementing and -- designing and

implementing the project. It identifies the

existing environmental infrastructure that's in

place and will be modified or replaced as part of

the project. It discusses the availability of

wastewater treatment and water supply.

And then it compares the project to two

things, one the future environment, should the

project not occur, that's known as the no action

alternative. And it gives you a baseline of what

the future looks like absent the project. And

then one or more alternatives to the project, so

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that you can understand from the standpoint of if

you make modifications to the project, how do

those modifications affect the environment as well

as how do they affect the costs of the project.

So with that as the structure of the

document, the next slide takes us through -- next

several slides actually take us through -- well, I

jumped ahead a little bit. What this slide

actually discusses are further things in the level

2 environmental review. It looks at the

consistency with the area wide water quality

management plan, the state's water supply plan,

and the stormwater management reviews. So that we

can all rest assured that what's being planned

here is consistent with those wider objectives

that are established under the plans.

It reviews the cost and schedule of the

project, discusses the status of permits that are

required, and documents the coordination with

other federal state and local agencies that have

been involved with the project to date. Now, if

we turn to the next slide.

Next series of slides will present to

the public what the major findings, the key

findings of the study are. And just to walk

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through this briefly here, the environmental

review found that although the proposed

redevelopment of the peninsula will result in

increased demands for water supplies,

implementation of the project is not anticipated

to impact the water supply infrastructure or the

ability of the Kearny Water Department to continue

to provide adequate potable water. So the

increased demand is within the capacity of the

system.

There's also a finding that there's no

significant adverse impacts to geology, soils, air

quality, plant, and animal communities that would

be anticipated to result from this project.

Further, in the next slide, we looked at

and examined how the construction of the road

improvements in and of themselves would not result

in adverse land use changes. It supports the

redevelopment that's already been planned for the

area. So in and of itself, the improvements don't

generate those land use changes, they just support

the decisionmaking that was previously made.

The construction of the spine road

improvements will impact approximately 2.12 acres

of fresh water or non-tidal wetland swales that

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are located at the base of the Transit

right-of-way, that John identified in that aerial

video as well as in the mapping, and is as

detailed in the report. Those non-tidal wetland

swales are dominated by an invasive common reed.

And, you know, they exist and will be dealt with

appropriately in the implementation of the

project.

An application to approve those

disturbances is subject to review and approval by

the U.S. Army Corps of Engineers and that

application is pending with the Corps of Engineers

at this time. The next slide.

We also found that the spine road is

mapped within an area that is a tidal flood hazard

area of the Hackensack River. It's the so-called

one hundred-year flood plane where there's a 1

percent annual chance of flood elevations

impacting the area with elevations ranging between

8 and 9 feet. In that regard, it's subject to

review by the NJDEP for an individual flood hazard

area permit and NJDEP has already reviewed not

only the proposed infrastructure improvements that

we're discussing tonight, but also the balance of

the redevelopment project being proposed. So that

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permit is in place from the Department.

The spine road improvements project, we

reviewed and determined that it was consistent

with all of the applicable provisions the area

wide water quality management plan and the water

supply plan. So again we have a project that's

consistent with the local planning that's been

done over the years, as well as the regional and

statewide planning that takes place with regard to

the environmental infrastructure.

So the next slide, I believe, may have a

few more -- yes, a few more key findings. The

document does detail the existing conditions, the

geomorphology and the archeological sensitivity of

the Koppers peninsula. Essentially there was a

detailed study that was done that was included in

the level 2 environmental review as an appendix.

NJDEP's cultural resources unit requested that

study to examine the potential impact to affect

archeological resources. And the report that was

conducted by qualified historians and

archeologists indicated that due to the depth of

the disturbance being proposed in the

redevelopment, it will stop well short of any

buried underground surface that may have been the

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site of human activity in the past. The capping

of the site essentially has put that below the

areas that would be impacted by this effort, by

this project. And it was unequivocally

recommended that no further action be required

with regard to effects on the archeological

resources that may be present.

The next slide, Mike, I believe, this

returns to you in terms of discussing the next

steps in this hearing and the public input.

MR. O'CONNOR: Yes. And thank you very

much, Brian and John.

So now, we're at the point where any

members of the public who are attending the

meeting via Zoom are able to make public comment.

So I can see we have -- let me just see for a

moment, let me stop sharing, okay. We have six

attendees that I can see.

So anyone who's using the Zoom app on

their computer or phone can use the red raise your

hand icon if they wish to comment for the record

and I'll recognize you. Anyone that's on the

phone, who wishes to comment can press star 9 and

we'll enable you to, I'll unmute you and then you

can make a comment for the record. So again,

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anyone at this point who wishes to make a public

comment, who is attending, please feel free to

raise your hand with the icon.

So currently, I don't see anyone with

the raised hand icon. So what we will be doing

though is that it's -- let me check the time, it's

6:28 now, the meeting was scheduled to commence at

6:00 p.m., which we did promptly. And I believe

we're going to just to make sure that members of

the public who wish to comment have the

opportunity to do so, if they join us late. I'm

going to keep this open until 6:45 p.m. for any

members of the public to comment. So we're

finished with our presentation.

Susan, let me put on the record right

now, I don't know if I said this at the top, but

the PowerPoint I provided to you, I'd ask that

that be included as exhibit A in the transcript.

THE COURT REPORTER: I'll make sure to

do that.

MR. O'CONNOR: Great, thank you.

(Meeting held open until 6:45 p.m.)

MR. O'CONNOR: Okay, everyone. We're

coming up to 15 minutes. So just a couple things

I just want to put on the record. We have been

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open for comment, as I said at the top of the

meeting, via email and in writing. And actually

quite frankly, we're accepting comments or

questions by phone also. We've been doing that

for the past 30 days, since we noticed this

meeting.

But if I could reflect into the record

that I intend to keep that period open for the

next seven days. If we receive any written

comment, either by email or in writing by mail, or

any other way, that we'll incorporate that into

the record that we submit to the Department of

Environmental Protection along with the transcript

of this proceeding.

We've not received any comments here

today. No one else has joined since we completed

our brief presentation. And no one who attended

the members of the public, we had five members of

the public attending this meeting via Zoom, none

of them requested to comment. Once we submit the

documentation to the DEP, the Department will

review the environmental planning documentation,

the record of this proceeding, and all the

documentation that we submit as the project

sponsor and will make a determination. Hopefully,

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they'll accept our findings and make a

determination that the project should proceed.

So with that, I want the record to

reflect that it's 6:46 and I am closing the

hearing. So thank you, everybody.

Susan, you have everything you need,

correct?

THE COURT REPORTER: Yes.

MR. O'CONNOR: Susan Bischoff is our

court reporter. Thank you, everyone, really

appreciate, everyone did a great job. I'm going

to end this now. Have a good night.

(Whereupon the meeting was adjourned at

6:46 p.m.)

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C E R T I F I C A T E

I HEREBY CERTIFY that the foregoing is a

true and accurate transcript of the testimony and

proceedings as taken stenographically by me at the

time, place, and on the date hereinbefore set

forth.

Su s a n Bi s c h o f fSUSAN BISCHOFF, CCR, RPRLICENSE NO. 30XI00233700

Hudson County Improvement Authority

Koppers Peninsula Infrastructure ProjectSpine Road Improvements

Located in the Town of Kearny, Hudson CountyNJDEP Project #S340094-02Level 2 Environmental Review

New Jersey Water Bank Program

Public HearingJuly 29, 2021

6:00 p.m.

1

EXHIBIT A 001

Public Information and Public Comment

This Public Hearing is being conducted as part of aLevel 2 Environmental Review to inform the public and provide opportunity for comment on the proposed project and the associated environmental information documents on public file. Comments will be included in the HCIA submission to NJDEP’s Division of Water Quality, Municipal Finance and Construction Element.

EXHIBIT A 002

Key Hudson County Redevelopment Site

The 200 +/- acre Koppers Peninsula was the location for intensive industrial operations of various companies through much of the 20th century resulting in significant contamination. The County of Hudson purchased a 135-acre portion of the peninsula previously owned by the Koppers Koke Company after their operations ceased around 1980 (the ”Site”). The responsible parties have been conducting remediation since then. Most of the Site has been filled with dredge material, which acts as a cap for contamination.

On April 16, 2017, the New Jersey Sports and Exposition Authority declared the redevelopment of the Site a Vital Project. Subsequently, the HCIA sold the Site to Morris Kearny Associates Urban Renewal (“MKAUR”) which plans to construct three industrial warehouse buildings totaling approximately 2.1 million square feet. HCIA is facilitating construction of a major access road and related infrastructure for the entire Koppers Peninsula.

EXHIBIT A 003

Key Hudson County Redevelopment SiteEXHIBIT A 004

Key Hudson County Redevelopment SiteEXHIBIT A 005

Spine Road Improvements Funding Request

HCIA has proposed the Spine Road Improvements Project. The Project will support redevelopment of the Koppers Peninsula by constructing new infrastructure including:

• Improved roadway access serving the entire peninsula;• Stormwater management facilities to support water quality improvements;• Water supply facilities;• Sanitary sewerage conveyance facilities; and• Integration of natural gas, electric, cable, and phone utilities.

To advance the Project, HCIA has submitted a funding request to the New Jersey Infrastructure Bank (NJIB) New Jersey Water Bank Program for approximately 51 million dollars, subject to a determination of program eligibility by NJDEP.

EXHIBIT A 006

Level 2 Environmental Review: Content

The Level Two Environmental Review includes discussion of the Project relative to:

• Purpose and Need for Project;• Existing Environmental Conditions;• Project Constraints;• Existing Environmental Infrastructure;• Wastewater Treatment and Water Supply;• Future Environment (no-action alternative); and• Alternatives to the Project, including Comparisons of Cost and Impacts.

EXHIBIT A 007

Level 2 Environmental Review: Content

The Level Two Environmental Review also documents:

• Project consistency with the Areawide Water Quality ManagementPlan, the New Jersey Statewide Water Supply Plan and StormwaterManagement Rules;

• The costs and schedule for the Project;• Permit Status; and• Coordination with Federal, State and Local Agencies.

EXHIBIT A 008

Level 2 Environmental Review: Key Findings

The Level 2 Environmental Review contained the following findings:

• Although the proposed redevelopment of the Koppers Peninsula will result inincreased demand on water supplies, implementation of the proposed Projectis not anticipated to impact existing water supply infrastructure or the ability ofKearny Water Department to continue to provide adequate potable water.

• No significant adverse impacts to geological resources, soils, air quality andsensitive plant and animal communities are anticipated to result fromimplementation of the Spine Road Improvements.

EXHIBIT A 009



• Construction of the Spine Road Improvements, in and of themselves, is notanticipated to result in adverse land use changes.

• Construction of the Spine Road Improvements will impact approximately 2.12acres of non-tidal wetland swales located along the NJ Transit ROW,dominated by invasive common reed. An application to approve thedisturbance of these wetlands has been submitted to the US Army Corps ofEngineers.

EXHIBIT A 010



• The Spine Road is mapped within the tidal flood hazard area of the HackensackRiver with 1% annual chance flood elevations ranging between 8 and 9(NAVD88). NJDEP has issued an Individual Flood Hazard Area Permit for theKoppers site including Spine Road.

• The proposed Spine Road Improvements project is consistent with theapplicable Areawide Water Quality Management Plan, and the New JerseyStatewide Water Supply Plan.

EXHIBIT A 011


The Level 2 Document also includes a detailed report regarding the Geomorphology and the Archaeological Sensitivity of the Koppers Peninsula.

NJDEP’s Cultural Resources Unit requested a study to examine the Project’s potential to affect archaeological resources.

The report concluded that the depth of disturbance caused by the proposed redevelopment stops well short of any buried ground surface that might have been a site of human activity in the past.

It was unequivocally recommended that no further action be required with regard to potential effects on archaeological resources.

EXHIBIT A 012

Hudson County Improvement Authority

Koppers Peninsula Infrastructure Project Spine Road Improvements

NJDEP Project #S340094-02Level 2 Environmental Review

New Jersey Water Bank Program

Public Comment

Members of the public and interested parties may also submitwritten comments via email ( [email protected] ) or toHudson County Improvement Authority, 830 Bergen Avenue,9th Floor, Jersey City, New Jersey 07306

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EXHIBIT A 013

mailto:[email protected]

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