Hudson RiverMarina Dredging

A Guide for

Marina Operators

Hudson RiverMarina Dredging

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HudsonRiverMarinaDredgingA guide formarina operators

Prepared by:Nordica HolochuckHudson Estuary SpecialistNew York Sea Grantnch8@cornell.edu(845) 340-3983

Acknowledgements:New York Sea Grant gratefullyacknowledges Dr. Richard Bopp andMichael Wood at RensselaerPolytechnic Institute (RPI). In 2002, inpartnership with the New York StateDepartment of Environmental Conser-vation (NYSDEC) Hudson River EstuaryProgram and New York Sea Grant theycompleted a research project whichanalyzed NYSDEC sediment data fromHudson River marina maintenancedredge projects. Excerpts from theirfinal report are included here. Thanksto the American Heritage River InitiativeProgram, Vinny Tamagna and BessGillelan for their support of this issueand for contribution of the dredgingProcess Chart. Thanks to Hudson RiverSloop Clearwater for the permission touse the image of the dredge on thefront cover. We also thank NYSDECstaff: Fran Dunwell, John FergusonSteve Parisio, Lee Reiff and LarryWilson for reviewing this document.Thanks, too, to Barbara Branca, NYSGCommunications Manager for editorialand design supervision.

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Table of ContentsAcknowledgements ................................................................................... 2

Preface ................................................................................................. 3

Part I The dredging permit process ........................................................ 4Figure: State and federal permit process flowchart

Part II Hudson River contaminants .......................................................... 7Table: Common contaminant levels in ppm along locationsin the lower Hudson ValleyMaps by contaminant and by region

Part III Decisions about disposal and testing .......................................... 20

PrefaceIn partnership with New York State Department of Environmental Conservation’s(NYSDEC) Hudson River Estuary Program, New York Sea Grant sponsored a study ofthe agency’s existing Hudson River Marina Sediment Contaminant Data conductedby Rensselaer Polytechnic Institute (RPI). The research yielded useful informationfor NYSDEC and the boating community, clarifying the types of sediment contami-nants likely found in Hudson River sub-basins based on projects that have beenpermitted through the agency, and contrasting that information with known ambientlevels of the contaminants.

The Information in this Guide will help Hudson River marinas, boat clubs and non-governmental organizations understand background levels of sediment contamina-tion and clarify NYSDEC’s maintenance dredging regulations. Ultimately this infor-mation should help reduce costs of compliance, improve environmental protectionand help maintain the recreational and commercial viability of Hudson Estuary ma-rinas and boat clubs.

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Hudson RiverMarina DredgingA Guide forMarina Operators

The Hudson River estuary supports avital commercial and recreational boat-ing industry. This guide is designed formarina operators planning marinadredging. It contains basic informationabout sediment contaminants, testing,costs, and dredge disposal and is ar-ranged as a series of questions andanswers.

PART IThe dredgingpermit process

When is it time to dredge?A marina’s location, the number andsize of vessels using the facility, andthe configuration of fixed or floatingdocks all factor in how frequently main-tenance dredging will be required.Dredging can impact water quality atthe site and surrounding areas, so youmust obtain a permit before dredging.

How do I obtain a permit?The NYS DEC and the US Army Corpsof Engineers, the state and federalagencies responsible for protecting thewater bodies, have established permits

for dredging as well as for other activi-ties which may impact protected andnavigable waters. Through the “JointApplication Process” your applicationshould be submitted to both agencies.Detailed information on the applicationprocess may be found by contacting:

NYSDEC’s Environmental Permit sec-tion at the appropriate regional offices:

Region 3:21 South Putt Corners RdNew Paltz, NY 12561-1696(845) 256-3054Includes these counties: Dutchess,Orange, Putnam, Rockland, Sullivan,Ulster, and Westchester

Region 4:1150 North Westcott RdSchenectady, NY 12306-2104(518)357-2069Includes these counties: Albany, Colum-bia, Greene, Rensselaer, Schenectady

Application information can alsobe found at the following websites:■ www.dec.state.ny.us/website/dcs/

upa/index.html■ www.nan.usace.army.mil/business/

buslinks/regulat/index.html

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What are the steps in thepermit application process?

1: File an application

Obtain the Joint application materialsfrom a regional NYSDEC or USACEoffice. Request a pre-application con-ference with DEC staff to clarify projectobjectives, clarify DEC requirements, geta preliminary reaction to your proposal,and discuss alternative approaches.Although not mandatory, this step ishighly recommended.

2: Respond to DEC comments

A complete application will generally in-clude the appropriate application form,location map, plans, report, and an en-vironmental assessment prescribed byNYS DEC. The NYS DEC must notify youif your application is incomplete within15 days. If the application is incomplete,you will be told what else is needed.When you respond, the above time framefor DEC review will again apply.

3: Respond to public comments

A dredging project may require publica-tion of an application notice in a localnewspaper (at the applicant's expense).

The notice gives the public the oppor-tunity to review and comment on theapplication. In instances where appli-cations require public notice, the De-partment must make a permit decisionwithin 90 days of the notice, or, ifneeded, conduct a public hearing onthe application. Few marina dredgingapplications go to hearing.

4: Final decision

NYS DEC must make a permit decisionon minor projects within 45 days ofdetermining the application complete.The Regional Permit Administrator nor-mally issues permits for projects notrequiring a public hearing.

The US Army Corps of Engineers(USACE) reviews the application for adredging permit independently of DEC.During this process, you may be re-quired to submit additional informationto the Corps. You must receive permitsfrom both the USACE and DEC beforeyou begin dredging.

It is necessary to sample the dredgedsediments, perform chemical analysisand submit the results of analysis tothe Department for review.

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The Dredging Permit ProcessSTATE

Dredging & Placement Permit ProcessFEDERAL

Dredging Permit Process

1 Call the NYSDEC/NYSDOS Contact your regional NYSDEC and NYSDOS to discuss your dredging/placement process

2 Assemble Project Design/Plan (Consultant recommended but not required)

3Review Options for Upland Disposalor Beneficial Reuse (Consider sampling/analysis of sediments prior to Pre-Application Meeting for a more productive discussion)

4Pre-Application Meeting (Joint with Army Corps and other Federal agencies if possible)

5 Sampling/Data Collection/Analysis (As required by State and Federal processes)

6 Joint Application Submission (To the NYSDEC and NYSDOS)

7 Public Notice in Area Newspapers (At your expense)

8 Review and Comment (General public, DEC, DOS and Interagency –State/Federal)

9 Permit Decisions (DEC/DOS) (Sect. 401 Certification, Protection of Waters permit, Federal Consistency Determination or generic or case specific Beneficial Use Determination)

1 Call the NY District of Army Corps (And other federal agencies to discuss project)

2 Assemble Project Design/Plan (Consultant recommended but not required)

3Review Options for Disposal/Reuse Not applicable - since in-water placement of dredged material (a federal matter) is not a viable option while placement on non-wetland uplands or beneficial reuse is a state matter.

4Pre-Application Meeting (Joint with State, as well as other Federal natural resource agencies if possible)

5 Sampling/Data Collection/Analysis (As required by State and Federal processes)

6 Joint Application Submission (To the Corps)

7 Public Notice From Corps (Via e-mail/website)

8 Review and Comment (General public, Corps and Interagency –State agencies, EPA/NMFS and FWS)

9 Permit Decisions (May include conservation measures as special conditions)

10 Final Approval — NYS Office of General Services (Authorization granted to "take and use" underwater lands)

12 Placement of Dredged Material (Beneficial Reuse or upland placement)11 Dredging

Operation

Adapted from information presented by the AHRI program at a November 2004 meeting in Poughkeepsie N.Y.

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PART II: Hudson Rivercontaminants

What groups of contamin-ants are commonly foundin the lower Hudson Riversediments?

Groups of contaminants commonlyfound in Hudson River sediments in-clude: metals, organochlorine pesti-cides, petroleum-derived compoundsincluding polycyclic aromatic hydrocar-bons (PAHs), and chlorinated organics.

Which metal contaminantsare commonly found inthe lower Hudson?

CopperCopper is used in a wide variety of in-dustries. It is the principle material incopper pipe for plumbing. Copper is alsoused as a conductor in electrical wireand in circuit board manufacturing.Copper is used heavily as a pesticide inanti-fouling marine paints to preventunwanted build-ups of scale and bar-nacles. It is applied to the hulls andout drives of marine vessels. The domi-nant component of some of these paintsis copper. (Scorecard, 2002).

CadmiumCadmium is used heavily in the metalplating industry and for coating machin-ery, including transportation equipment.

Cadmium is used in silver solder, nickel-cadmium batteries and is found in paintpigments (USEPA, 2002b; NJDOH,2002).

LeadLead was commonly used in pipes andpipe solder and was banned from thoseuses in August 1998. Lead was alsocommonly used as a gasoline additiveand drying agent in paints. Lead wasused in printed circuit board manufac-turing, solid lubricants and as heat trans-fer media. Lead is also found in auto-motive and marine batteries as an elec-trode (USEPA, 2002b; NJDOH, 2002).

MercuryMercury was used in dry-cell batteries,switches, and fluorescent light bulbs.Mercury can be released from the com-bustion of fossil fuels (especially coal),garbage, and medical waste and frommetal smelting and refining. Mercurycan be converted from inorganic to or-ganic forms by microorganisms in na-ture. The organic form can be readilytaken up by aquatic wildlife (USEPA,2002b; NJDOH, 2002).

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Which organochlorinepesticides are commonlyfound in the lower Hudson?

DDD, DDE, and DDTDichlorodiphenyltrichloroethane (DDT) isan organochlorine pesticide that wasused in this country until 1973 when itwas banned. DDD and DDE are break-down products of DDT in soil, sediment,and groundwater systems (EXTOXNET,1996).

What petroleum-derivedcompounds and PAHs arecommonly found in thelower Hudson?

PAHsPolycyclic Aromatic Hydrocarbons(PAHs) are a group of about 100 com-pounds associated with the incompletecombustion of coal, gas, oil, garbage,and even charbroiled meat. PAHs arealso components of crude oil and foundin gasoline, fuel oil, crankcase oil, as-phalt, coal tar, and roofing tar. PAHsare thought to be carcinogenic or havecarcinogenic effects (ATSDR, 1996).

AnthraceneAnthracene is a specific PAH compoundthat is a recognized carcinogen (NJDOH,2002).

ChryseneChrysene is a specific PAH compoundthat is a recognized carcinogen (NJDOH,2002).

Benzo (a) AnthraceneBenzo (a) Anthracene is a specific PAHcompound that is a recognized carcino-gen (NJDOH, 2002).

BenzeneBenzene is a volatile organic that is arecognized carcinogen and also thoughtto cause reproductive damage. It isused in many industries. Benzene canbe found as a component in gasoline.Benzene is used in pulp and papermanufacturing as a de-inking solvent. Itis also used as a solvent for wood var-nishes (Scorecard, 2002).

Which chlorinated organicsare commonly found in thelower Hudson?

PCBsPolychlorinated biphenyls (PCBs) wereused in capacitors and transformers,hydraulic fluids, lubricants, and heattransfer fluids. PCBs can cause a rashknown as chloracne, liver problems andare a possible carcinogen (USEPA,2002b). Hudson River sediments havebeen contaminated with PCBs as a re-sult of discharges from two General Elec-tric capacitor plants in the upper basin.

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Are there certaincontaminants I can expectto find present at my site?

Depending on the location of your site,you can expect the presence of certaincontaminants based on an earlier evalu-ation of sediment data. In 2002, research-ers at Renssalaer Polytechnic Institute(RPI) collected and analyzed sedimentdata from dredging projects on theHudson River and its tributaries in NYSDEC Regions 3 and 4 (the tidal HudsonRiver). The purpose of their researchproject was to examine and analyze his-toric dredge project data. The informationreported here may give you an idea ofwhat can be expected at your marina site.

The RPI project examined sediment datafor eleven marina dredging projects. Threemarina projects were on file at theNYSDEC headquarters in Albany, N.Y. TheNew York State Department of Environ-mental Conservation regional permit of-fices supplied data for five additionalmarinas and a private firm contributedsediment analysis from one project. Tosupplement the limited marina data,dredging projects at the Chelsea PumpStation and the National Gypsum Facilitywere included in the analysis.

The following list includes the elevenprojects where sediment data were col-lected and their locations by river milepoint (mp), the number of statute milesupstream of the Battery (mp 0) at thesouthern tip of Manhattan.

Marina Mile PointNyack Municipal Marina 28Shattemuc Yacht Club 32Cortlandt Yacht Club 40Cornwall Yacht Club 57Chelsea Pump Station 65Hyde Park Marina 78Norrie Point Marina 78Anchorage Marina 91Athens Ferry Slip 118Ravena-Coeymans Yacht Club 133National Gypsum 143

The table on the next page shows someexamples of the contaminant concentra-tions at each location. The numbers as-signed each contaminant indicates thegreatest measured concentrations inparts per million. However, PCBs aremeasured in parts per billion.

What is meant by ambientlevels of contamination?Ambient levels of contaminants refer tobackground levels of a contaminant,amounts that were deposited sometimein the past.

How does ambient(background) datacompare to Dredge ProjectSediment Data?The RPI researchers also provided am-bient data (Bopp et al.,1998; Bopp etal., 2002). Data on background contami-nants was determined by examining fine-grained sediment samples from the toplayer of the river bottom, all of whichrepresented deposition in the 1990s.

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A typical marina dredging project will involveat least some removal of recently depos-ited fine-grained sediments from slips anddocking areas. The regional ambient dataindicates the contaminant levels that canbe expected from sources unrelated tomarina operations. The findings for sedi-ments from each of the eleven projects andthe ambient data suggest that sedimentto be dredged from a marina will likely bemoderately contaminated. Dredging anddisposal of moderately contaminated sedi-ments is subject to several restrictions,some of which will be discussed below.

How are ambient levels ofcontaminants determined?

Examining sediment cores, scientists candetermine when contaminants were depos-ited. They do so by detecting the distribu-tion of radioactive elements such as Ce-sium-137 (Cs-137). Found in natural sys-tems as a result of global fallout fromnuclear weapons testing, significantamounts of Cs-137 were distributed glo-bally as early as the 1950s. The levels ofCs-137 reach a peak in sediments datedfrom 1963-1964 caused by tests carriedout just prior to the ban on atmospherictesting. The ambient levels of contami-nants Dr. Bopp used in his 2002 studyare from surface sediments collected inthe 1990s that contain Be-7. Like Cs-137,Berylium-7 (Be-7) is another radioactive

Sample Contaminant Levels in PPMAlong Locations in the Lower Hudson Valley

Mile Point 28 32 40 57 65 78 91 118 133 143

Copper 87.5 7.8 15.6 89.5 21.7 86 6.2 120 46.8

Cadmium 2.8 1.0 .4 .011 1.2 .4 .62 2.52 1.11

Lead 96 6.9 2.48 .11 16.4 .78 2.5 212 45.6

Mercury .51 nd .52 .005 .071 nd nd 1.74

PCBs 12* 1.25 1.8

Benzo (a)anthracene .017 2Anthracene 0.39

Chrysene 2.39

PAH 1.67

Benzene 2nd not detected*measured in parts per billionBlanks indicate that data are not available

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material. Be-7, produced by cosmic raysin the atmosphere, has a very short half-life of just 53 days. Thus Be-7 is mainlyfound in the most recently depositedparticles, usually in sediments depos-ited within a year of core collection.

Consequently, the levels can be consid-ered to be representative of “recent”(i.e. post 1990) deposition. Thesesamples are dominated by fine-grainedsediment particles such as silts andclays and thus would be similar to re-cent deposition in the areas betweenslips at marinas. Contaminants thatare likely to adhere to particles have amuch greater affinity for fine-grainedparticles than coarser-grained sands.

The samples presented in the RPI re-search project were collected on theHudson River near Troy (below the Fed-eral Dam), Kingston, and near LibertyIsland in NY Harbor. Other samplingsites include Athens, Foundry Cove andHastings-on-Hudson. All of the contami-nant level data are from Be-7 found inthe fine-grained surface sediments, in-dicating that the contaminants wereprobably deposited since 1990.

The following maps show the regionaldistribution of ambient levels ofcadmium (Cd), copper (Cu), lead (Pb),mercury (Hg), PCBs and DDT. Find yourarea on the Basemap at right, and thenstudy the close-up maps of thatspecific location.

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PART III:Decisions AboutDisposal and Testing

After dredging is complete,what is the likely conditionof the dredged materials?

The dredged materials may be uncon-taminated, but also may be moderatelycontaminated with the likely contami-nants from your region as noted on the

maps.

Can uncontaminated ormoderately contaminateddredged materials bedisposed of in the river?

Disposing of any dredged materials inthe Hudson can cause loss of valuableaquatic habitat and will not be approved.

What are some manage-ment options for dealingwith uncontaminatedsediments?

As an alternative to disposal in a land-fill, uncontaminated dredged sedimentscan be managed in accordance with ageneric or case-specific beneficial usedetermination which DEC issues knownas BUD. Dredged materials may be suit-able for Upland Beneficial Re-use.

For more information on this, readabout the generic BUD at 6 NYCRR Part360-1.15(b)(7).

In other cases, you might consideron site placement. This option maybe pursued if you have a suitable loca-tion on land directly adjacent to thedredge site and receive approval fromthe NYSDEC and USACE. Potential ben-eficial uses include use as alternategrading and fill material at landfills andbrownfield sites. Sediment processesmay be necessary for use as clean fill.

What are the managementoptions for re-use ordisposal of moderatelycontaminated sediments?

Dredged materials which exhibit moder-ate levels of contamination may still beeligible for beneficial use, but require acase-specific BUD issued by the Depart-ment in accordance with 6 NYCRR Part360-1.15(d).

Disposal of moderately contami-nated dredged materials is also anoption. Dredged material may be placedin a permitted landfill that is authorizedby DEC. In order to pursue this optionyou must make arrangements with theentity controlling the site you select.

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In either case, whether seeking a BUDor disposal, it is necessary to samplethe dredged sediments, perform chemi-cal analysis and submit the results ofanalysis to the Department for review.

How do I decide the bestmethod of samplingdredged sediments?

To assist you in collecting appropriatesediment quality data to support relianceon the generic BUD or to be issued acase-specific BUD, follow the generalsampling and analysis guidelines below.However, alternative sampling and analy-sis plans may be approved on a case-by-case basis. For this reason, applicantsare strongly encouraged to discuss sam-pling requirements at a pre-applicationconference Prior to conducting any sedi-ment sampling, the best course of ac-tion is to meet with NYSDEC engineersto determine the appropriate samplingplan and required analysis for yourproject. During the pre-application meet-ing, be sure to ask for specific writteninstructions for collection and testing tobe sure the results you submit will beaccepted by both agencies.

What are the most commonmethods of samplingdredged sediments?

Sampling Method: Collect undis-turbed cores which are representativeof the entire depth interval which willbe dredged and are uniformly distrib-uted within the dredging area.

Number of Samples: Determine thenumber of samples based on the num-ber of cubic yards to be dredged (seechart below).

What contaminants need tobe analyzed in eachsample?

At a minimum, each sample shouldbe analyzed for volatile organiccompounds (EPA 8260B), semi-volatile organic compounds (EPA8270C), pesticides (EPA 8081A),PCBs (EPA 8082), and the followingtoxic metals (EPA6010B): arsenic,barium, beryllium, cadmium, chro-mium, copper, lead, mercury, nickel,selenium and zinc.

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# Cubic Yards: Under 5,000 5,000-10,000 10,000-20,000 20,000-30,000 Over 30,000

Minimum 1 for each 6 7 8 Contact# Samples: 1,000 CY DEC

Number of Samples Needed

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In what cases can testingand analysis ofcontaminants be waived?

In cases where sediments to be dredgedconsist primarily of sand and gravel, re-quirements for chemical testing may bewaived. In such cases, applicants shouldsubmit results of testing for particle sizeanalysis and total organic carbon. Ingeneral, chemical analysis will not be re-quired for samples which contain lessthan 10% of particles passing the num-ber 200 sieve and less than 0.5% totalorganic carbon.

In what cases does theDepartment ofEnvironmentalConservation requireadditional sampling?

The DEC may require additional samplingin areas of known contamination. Incases where sampling costs appear ex-cessive in relation to total project costs(i.e., greater than 15%), contact the Re-gional Office to discuss ways of reduc-ing sampling costs while maintainingadequate characterization of sedimentcharacteristics.

How do I select alaboratory to test mysamples?For projects that require sediment sam-pling and analysis, it is important for youto select a laboratory that is certified bythe New York State Department of Healthand that follows the analytical methodsrecommended by NYS DEC.

What are some typical feesto test dredge samples?

Fees can vary widely depending on thescope of the work needed and the com-panies hired to do the dredging. By wayof example, a large marina hired an en-vironmental engineer from an approvedfirm to put together a sampling planthat included the number, depth andlocation of samples needed. The engi-neer also suggested that somesamples be composited for testing. Thesampling plan was submitted to theDEC and approved. The marina man-agement called on three companies toget estimated fees for sampling andtesting for contaminants. The plancalled for three samples to be takenand composited into one for testing.The three companies quoted estimatesof $3,990; $5,000 and $10,530. Thusgetting estimates from several firmsand working closely with an engineerwho designs an efficient sampling planmay be the best strategy for getting thebest possible job done economically.

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ConclusionWe hope this guide has been helpful.Comments on the content are welcome.Please contact Nordica Holochuck,Hudson Estuary Specialist, New York SeaGrant, at (845) 340-3983 or reach hervia e-mail: <nch8@cornell.edu>.

New York Sea Grant10 Westbrook LaneKingston, NY 12401(845) 340-3983sgulster@cornell.edu

www.nyseagrant.org

Hudson RiverMarina DredgingA Guide for Marina Operators

Hudson RiverMarina Dredging