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ESSENTIAL FISH HABITAT ASSESSMENT Performed for the New York State Department of Transportation In Support of the Draft Environmental Impact Statement For the Kosciuszko Bridge Project Kings County and Queens County, NY September 2006 Kosciuszko Bridge Project New York State Department of Transportation

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Page 1: Kosciuszko Bridge Project - NYSDOT Home · 2008-08-23 · Kosciuszko Bridge Project 1 September 2006 A. INTRODUCTION The New York State Department of Transportation (NYSDOT), in cooperation

ESSENTIAL FISH HABITAT ASSESSMENT

Performed for the New York State Department of Transportation In Support of the

Draft Environmental Impact Statement For the Kosciuszko Bridge Project

Kings County and Queens County, NY

September 2006

Kosciuszko Bridge Project

New York State Department of Transportation

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Essential Fish Habitat Assessment Table of Contents

Kosciuszko Bridge Project i September 2006

TABLE OF CONTENTS Section A Introduction........................................................................................................................... 1

A.1. Project Alternatives ................................................................................................................ 1 A.2. Site Description ...................................................................................................................... 2

Section B Essential Fish Habitat .......................................................................................................... 2

B.1. Species with EFH in 10 x 10 minute square .......................................................................... 2 B.2. Field Data .............................................................................................................................. 3 B.3. Summary of EFH by Species ................................................................................................. 5

Section C Description of Adverse Effects on EFH ........................................................................... 10 Section D Proposed Mitigation........................................................................................................... 10 Section E Conclusion.......................................................................................................................... 11

Section F Literature Cited................................................................................................................... 12

LIST OF FIGURES Page

Figure 1: Project Location .....................................................................................................................page 1 Figure 2: Project Limits .........................................................................................................................page 1

LIST OF TABLES Page

Table 1: Species and their respective life stages having designated EFH in the 10 x 10-minute square that contains the project area ........................................................................................................ 3

Table 2: Species and their respective life stages found during NYC DEP’s USA assessment in the project area that have designated Essential Fish Habitat in the project area’s 10 x 10 minute square .... 4

Table 3: Average temperature and salinity data adapted from the USA project. ....................................... 4 Table 4: Species potentially present in the project area............................................................................... 9

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Kosciuszko Bridge Project 1 September 2006

A. INTRODUCTION

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Highway Administration (FHWA), is preparing a Draft Environmental Impact Statement (DEIS) that will consider five Build Alternatives to improve the Kosciuszko Bridge, which crosses Newtown Creek between Brooklyn and Queens (see Figure 1). The project will focus on a 1.1-mile segment of the Brooklyn-Queens Expressway from Morgan Avenue in Brooklyn to the Long Island Expressway interchange in Queens (see Figure 2).

The following Essential Fish Habitat (EFH) Assessment has been included as part of this Draft Environmental Impact Statement in coordination with the National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NMFS). The 1996 amendments to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires that an EFH consultation be conducted for any activity that may adversely affect important habitats of federally managed marine and anadromous fish species.

According to 16 U.S.C. 1802(10), EFH is defined as “those waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity”. “Waters” refers to the physical, chemical, and biological properties of aquatic areas currently or historically used by fish. “Substrate” refers to sediment, hard bottom, or other underwater structures and their biological communities. The term “necessary” indicates that the habitat is required to sustain the fishery and support the fish species’ contribution to a healthy ecosystem. EFH can be designated for four life stages—eggs, larvae, juveniles, and adults. The following information is provided to meet the EFH Assessment requirement.

A.1. Project Alternatives

The DEIS will include a detailed analysis of six alternatives – the No Build Alternative and five Build Alternatives. These alternatives would either replace or rehabilitate the existing Kosciuszko Bridge, encompassing the 1.1-mile section of the Brooklyn-Queens Expressway (BQE) between Morgan Avenue in Brooklyn and the Long Island Expressway interchange in Queens.

A brief description of the alternatives is included for reference.

No Build Alternative: The No Build Alternative makes no physical or operational improvements to the Kosciuszko Bridge, but continues NYSDOT’s existing maintenance program.

RA-5 – Rehabilitation with New Parallel Bridge on Eastbound Side: Alternative RA-5 rehabilitates the existing bridge and constructs a new parallel bridge on the eastbound side.

RA-6 – Rehabilitation with New Parallel Bridge on Westbound Side: Alternative RA-6 rehabilitates the existing bridge and constructs a new parallel bridge on the westbound side.

BR-2 – Bridge Replacement with Permanent Eastbound Bridge and Temporary Westbound Bridge: Alternative BR-2 replaces the existing bridge by building new parallel bridges on both sides of the existing bridge – one temporary, one permanent. Additional new bridge construction would be performed after demolition of the existing bridge.

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ProjectLocation

Source: USGS Quad Name: Brooklyn NY

Figure 1Kosciuszko Bridge Project LocationNew York State

Department of Transportation

0 0.25 0.5Miles

0 0.25 0.5Kilometers

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KOSCIUSZKOBRIDGE

VANDERVO

OR

T AV

KIN

GSLA

ND

AV

56 RD

48 S

T

REVIEW AVGREENPOINT AV

HU

MB

OLD

T ST

NASSAU AV

BQE

LIE

NEWTOWN CREEK

ProjectLimit

ProjectLimit

NYCDEP Basemap Copyrighted by City of New York Department of Environmental Protection, Sub-licensed from New York State Department of Transportation - Region 11.

Figure 2Kosciuszko Bridge Project LimitsNew York State

Department of Transportation

0 500 1,000Feet

0 150 300Meters

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Kosciuszko Bridge Project 2 September 2006

BR-3 – Bridge Replacement with Permanent Bridges on Both Eastbound and Westbound Sides: Alternative BR-3 replaces the existing bridge by building new permanent, parallel bridges on both sides of the existing bridge. Additional new bridge construction would be performed after demolition of the existing bridge.

BR-5 – Bridge Replacement with Permanent Bridge on Eastbound Side: Alternative BR-5 replaces the existing bridge by building a new permanent, parallel bridge on the eastbound side of the existing bridge. Additional new bridge construction would be performed after demolition of the existing bridge.

Throughout this section, the BQE is on a viaduct well above grade.

A.2. Site Description

Land uses surrounding the bridge include residential, commercial (gasoline filling stations, retail, and restaurants), and industrial activities (non-hazardous waste transfer stations, warehouses, commercial structures, and light to heavy manufacturing). The area’s long history of industrial activity has led to environmental degradation of both the land and Newtown Creek. Detailed information regarding contaminated materials and water quality in the project area is available in Sections IV.B.3.i. and Section IV.B.3.b. of the DEIS, respectively.

Newtown Creek received the worst water quality designation by the New York City Department of Environmental Protection (NYCDEP). The creek has also been designated as an Impaired Water, as defined by Section 303(d) of the federal Clean Water Act, because of oxygen demand, caused by urban runoff, stormwater discharges and combined sewer overflows. This is very poor habitat for aquatic life.

B. ESSENTIAL FISH HABITAT

B.1. Species with EFH in the 10 x 10 Minute Square

The NOAA Fisheries Habitat Conservation Division “Guide to Essential Fish Habitat” (http://www.nero.noaa.gov/hcd/) was used to determine which species have designated EFH in the waters of the project area. The species (and the life stages of those species) that have EFH in the project area were determined by using the 10 x 10 minute squares of latitude and longitude.

The project area lies within a single 10 x 10-minute square. The square containing the project area covers the Hudson River estuary including Manhattan Island, New York City, College Point, Long Island City, Brooklyn, Port Morris, Unionport, Flushing Bay, Astoria, LaGuardia Airport, Badland Island, Rikers Island, Roosevelt Island, Wards Island, and Hells Gate, along with the East River, the Harlem River, and the Bronx River. Seventeen species have EFH designated in this 10 x 10-minute square (Table 1).

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Essential Fish Habitat Assessment

Kosciuszko Bridge Project 3 September 2006

TABLE 1: SPECIES AND THEIR RESPECTIVE LIFE STAGES HAVING DESIGNATED EFH IN THE 10 X 10-MINUTE SQUARE THAT CONTAINS THE PROJECT AREA

Life Stage

Species Eggs Larvae Juveniles Adults

pollock (Pollachius virens) X X

red hake (Urophycis chuss) X X X

winter flounder (Pleuronectes americanus) X X X X

windowpane flounder (Scopthalmus aquosus) X X X X

Atlantic sea herring (Clupea harengus) X X X

bluefish (Pomatomus saltatrix) X X

Atlantic butterfish (Peprilus triacanthus) X X X

Atlantic mackerel (Scomber scombrus) X X

summer flounder (Paralicthys dentatus) X X X

scup (Stenotomus chrysops) X X X X

black sea bass (Centropristus striata) n/a X X

king mackerel (Scomberomorus cavalla) X X X X

Spanish mackerel (Scomberomorus maculatus) X X X X

cobia (Rachycentron canadum) X X X X

sand tiger shark (Odontaspis taurus) X

dusky shark (Charcharinus obscurus) X

sandbar shark (Charcharinus plumbeus) X X

B.2. Field Data

B.2.a. Biological Survey

The species (and the life stages of those species) that have EFH in the study area were determined by using the species with EFH in this 10 x 10 and then by reviewing the individual species source documents. Additionally, the NYCDEP Use and Standards Attainment (USA) Project conducted an assessment of the physical, biological, and chemical characteristics at several locations, including Newtown Creek. In 2001, samples were collected at several locations near the project area. The data collected was also used to determine if the species for which EFH has been designated, are likely to occur in the project area. Two of the species collected, winter flounder and herring, have EFH designated in the project area for some of their life stages (Table 2).

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Kosciuszko Bridge Project 4 September 2006

TABLE 2: SPECIES WITH DESIGNATED ESSENTIAL FISH HABITAT IN NEWTOWN CREEK

Station Date Common Name Scientific Name Count

NEWTI 02 5/22/2001 Herrings Clupeidae 4

NEWTI 02 5/22/2001 Herrings Clupeidae 2

NEWTI 01 3/22/2001 Winter Flounder Pseudopleuronectes americanus 16

NEWTI 01 5/22/2001 Winter Flounder Pseudopleuronectes americanus 4

NEWTI 01 3/22/2001 Winter Flounder Pseudopleuronectes americanus 24 Source: NYCDEP USA Project

B.2.b. Water Quality Parameters

The USA project collected water quality readings at two sampling sites adjacent to the project area (Table 3). The average seasonal salinities range from 18.5 to 22.8 ‰ (parts per thousand) across the sites. Winter temperatures averaged 5.9 ºC (42.6 ºF), spring 15.3 ºC (59.5 ºF), and summer 22.4 ºC (72.3 ºF) across the two sites. These parameters were used to determine if the project area would be habitable by the different life stages for species with EFH designated in the area.

TABLE 3: AVERAGE TEMPERATURE AND SALINITY

Season Salinity (‰) Temperature ºC (ºF)

Sample Site NEWTI01

Winter 18.5 6.0 (42.8)

Spring 18.5 15.3 (59.5)

Summer 22.1 22.7 (72.9)

Sample Site NEWTI02

Winter 19.0 5.8 (42.4)

Spring 20.2 15.1 (59.2)

Summer 22.8 22.1 (71.8) Source: NYCDEP USA Project

B.3. Summary of EFH by Species

A brief summary of the EFH for each life stage of each species designated in this 10 x 10 minute square is described below. Information on the species was taken from the NMFS Guide to EFH Species Designations located at http://www.nero.noaa.gov/hcd/list.htm. Additional sources used to describe life history characteristics of the various species include Bigelow and Schroeder’s Fishes of the Gulf of Maine (1993) and Fishes of the Chesapeake Bay by Murdy, Birdsong, and Musick (1997).

B.3.a. Pollock

Pollock is a highly migratory species that ranges from Labrador to Cape Hatteras, but is most abundant on the southwestern Scotian Shelf and in the Gulf of Maine. Pollock can reach 23 years of age and lengths of 1.2 m (3.9 ft). Seasonal migrations flow to coastal waters in the

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Kosciuszko Bridge Project 5 September 2006

spring and to deep water in winter. EFH was not designated for any of the life stages of pollock in the Hudson River Estuary.

Pollock is not expected to occur in the project area.

B.3.b. Red Hake

Red hake is a demersal (inhabiting the lower portion of a body of water) fish found on the continental shelf from Nova Scotia south to North Carolina. Two stocks are currently recognized. Migratory movements are inshore to offshore in response to seasonal changes in water temperatures. Spawning occurs from May through November. Males attain 11 years of age and 53 cm (1.7 ft) in length; females reach 12 years and 63 cm (2.1 ft).

EFH is designated for larvae, juvenile, and adult red hake in the Hudson River estuary for salinities ranging from 0.5 to over 25 ‰. These salinity ranges are within the limits collected in Newtown Creek. Larvae are found in temperatures below 19° C (66 ºF) and salinity greater than 0.5‰ from May to December. Juveniles can be found in water temperatures below 16° C (60 ºF) and salinities between 31 - 33‰. Adults will be found in water temperatures below 12 °C (53 ºF) and salinities between 33 - 34‰.

Larvae may be found in the project area. The juvenile and adult stages prefer salinities higher than those found in Newtown Creek and so are not expected to occur in the project area.

B.3.c. Winter Flounder

EFH is designated for winter flounder in the Hudson River estuary for all four life stages. EFH within the project area includes bottom habitats of sand, muddy sand, mud and gravel substrate which provide EFH for spawning adults, eggs, and larvae maturation. The USA Project data found winter flounder in the project areas during their March and May data collections.

Spawning occurs in estuaries in the winter to early spring on sandy bottoms, often in shallow water. Winter flounder eggs will be found in water temperatures below 10° C (50 ºF) and salinities between 10 - 30‰. Larvae are abundant from March to June. Early larval stages will be found throughout the water column whereas later larval stages are found in deeper water areas. Larvae are found in temperatures less than 15°C (59 ºF) and salinities between 4 - 30‰. Juveniles will be found in temperatures below 28°C (82 ºF) and salinities between 5 - 33‰. Later juveniles and adults will be found in temperatures below 25°C (77 ºF). Later juveniles prefer salinities between 10 - 30‰ and adults prefer salinities between 15 - 33‰.

Eggs are not likely to tolerate the higher salinity found in the project area of Newtown Creek. Larval, juvenile, and adults stages could be found in the project area.

B.3.d. Windowpane Flounder

The windowpane flounder is found from the Gulf of St. Lawrence south to Florida. They can reach 46 cm (1.5 ft). Spawning occurs from spring to fall, but may decrease during the warmest part of summer. The name refers to their thin body which can be almost transparent in places. EFH is designated for winter flounder in the Hudson River estuary for all four life stages. Eggs and larvae will be found in temperatures below 20° C (68 ºF) from February to November. Both juvenile and adults can be found in salinities between 5.5 - 36‰. Juveniles can be found in temperatures below 25° C (77 ºF) and adults below 26.8 °C (80.2 ºF).

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Kosciuszko Bridge Project 6 September 2006

All four stages could be found in the project area.

B.3.e. Atlantic Herring

The Atlantic herring is a pelagic (fish that spend most of their life swimming in the water column as opposed to resting on the bottom are known as pelagic species) schooling fish with undefined stock structure and migration patterns. They can be found from Greenland to South Carolina. Spawning occurs between August and October; specific times vary with population. They reach 15 years of age and 35 cm (1.1 ft) in length. EFH is designated for Atlantic Herring in the Hudson River estuary for larval, juvenile, and adult life stages. Eggs are not designated for the project area. Larvae would be found when water temperatures are below 16 ºC (60 ºF) and salinities around 32‰. Both juveniles and adults can be found in temperatures below 10 ºC (50 ºF). Juveniles will be found in salinities from 26 - 32‰ and adults above 28‰.

USA data sampled unidentified species of herring in the project area during their May data collection. However, given their preference for high salinities, it is not likely that any of the three life stages of Atlantic herring will be found in the project area.

B.3.f. Bluefish

Bluefish can reach 1.1 m (3.6 ft) and can be found from Nova Scotia to Brazil. Migrations occur from inshore to offshore areas and north to south. Bluefish travel in large schools of similar sized individuals; these schools can cover tens of square miles. Migrations occur to estuaries during the summer and offshore during the winter. For all four life stages, EFH is designated for bluefish in the pelagic waters found over the continental shelf and inshore estuaries with salinities over 30‰.

None of life stages are expected in the project area due to the salinity requirements.

B.3.g. Atlantic Butterfish

The Atlantic butterfish is a semipelagic schooling species found from Nova Scotia to Florida and the Gulf of Mexico. They are fast growing (reaching 25 cm [0.8 ft]) and short lived (only 4 years of age). Migrations to warmer offshore areas occur during winter and to estuaries during the summer. Spawning occurs during May through October. EFH is designated for all four life stages of Atlantic butterfish in the pelagic waters found over the continental shelf and inshore estuaries with higher salinities.

None of life stages are expected in the project area.

B.3.h. Atlantic Mackerel

Atlantic Mackerel can be found from Labrador to North Carolina. They can reach 50 cm (1.6 ft) with female sexual dimorphism. These fish school with other individuals of similar size. Migrations occur to inshore areas during the spring and offshore in fall. Spawning occurs in the spring in the south and progresses north as water temperatures rise.

EFH is designated for all four life stages of Atlantic mackerel in pelagic waters over the continental shelf and in estuaries with salinities greater than 0.5 ‰ from Passamaquoddy Bay in Maine to the James River in Virginia. All four life stages can be found in temperatures between 5 - 22 ºC (41 - 71 ºF). Eggs can be found from shore to 15 m (49.2 ft); larvae from 10 to 130 m

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(33 to 427 ft), juveniles from shore to 320 m (1,050 ft); and adults from shore to 380 m (1,247 ft).

All four stages could be found in the project area.

B.3.i. Summer Flounder

Summer flounder is a predaceous and fast-growing species found from Nova Scotia to south Florida. They can reach 95 cm (3.1 ft) in length and up to 20 years of age. Seasonal migrations are inshore to offshore in response to changes in water temperature. Spawning begins in September coinciding with their offshore movement.

EFH is designated for eggs and larvae in the pelagic waters found over the continental shelf. For juveniles and adults it is the demersal waters over the continental shelf. EFH is also designated for larvae, juveniles, and adults in estuaries with salinities greater than 0.5 ‰. EFH is designated for juveniles and adults in the demersal waters over the continental shelf from the Gulf of Maine to Cape Hatteras in North Carolina. Juveniles use estuarine habitats like salt marsh creeks, seagrass beds, and mudflats as nursery areas where temperatures are above 3 ºC (37 ºF) and salinities range from 10 – 30 ‰.

It is not likely that summer flounder eggs will be found in the project area. Larvae, juveniles, and adults could be found in the project area.

B.3.j. Scup

Scup can be found from Nova Scotia to Florida, but are rare south of North Carolina. Scup prefer a hard bottom and submerged structures. They can reach 45 cm (1.5 ft) in length and 15 years of age. Migrations occur to the inshore during the summer and offshore in winter. Spawning occurs May through August in nearshore areas.

EFH is designated for scup eggs and larvae in estuaries from May through August in southern New England to coastal Virginia, in waters between 12 - 22 ºC (54 - 72 ºF) and in salinities greater than 15 ‰. For juveniles, EFH is the demersal waters over the Continental Shelf and estuaries between Massachusetts and Virginia with temperatures greater than 7 ºC (45 ºF) and in salinities greater than 15 ‰. EFH is designated for adults in the demersal waters over the continental shelf and estuaries. From November to April adults are offshore south of New York in waters above 7 ºC (45 ºF).

All four life stages could be found in the project area.

B.3.k. Black Sea Bass

Black sea bass is an economically important species found from Massachusetts to Florida. Males reach 60 cm (2.0 ft) in length and 20 years of age; females reach 38 cm (1.2 ft) and 8 years. Seasonal migrations take black sea bass inshore during the spring and offshore in the fall. Spawning occurs from June to November. Eggs are found on the continental shelf from southern New England south. Transforming larvae can be found in near-coastal areas and high salinity estuaries between Virginia and New York. Juveniles are found in the estuaries in the summer and spring; adults can be found from May to October. Juveniles prefer rough bottom, shellfish and eelgrass beds, man-made structures in sandy-shelly areas. Adults prefer structured habitats, sand, and shell.

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Kosciuszko Bridge Project 8 September 2006

EFH is designated for black sea bass eggs in estuaries with salinities greater than 0.5 ‰ from May to October. EFH is designated for larvae in the pelagic waters found over the continental shelf and estuaries with salinities ranging from 0.5 to over 25 ‰. Juvenile and adult EFH is designated in the demersal waters over the continental shelf and in estuaries with salinities greater than 0.5 ‰. Juveniles are found in the estuaries in the summer and spring; adults can be found from May to October. Both life stages can be found in temperatures greater than 6 ºC (43 ºF) with salinities greater than 18 ‰.

All four life stages could be found in the project area.

B.3.l. King Mackerel and Spanish Mackerel

King mackerel can reach 1.7 m (5.6 ft) and display female sexual dimorphism. The Spanish mackerel are much smaller at only 77 cm (2.5 ft). They prefer sandy shoals of capes and offshore bars, rocky bottom, and the ocean side of barrier islands. Both species of mackerel prefer salinities greater than 32 ‰. EFH for these coastal migratory pelagic species is in various habitats from the surf to the shelf break zone.

They are not expected in the project area.

B.3.m. Cobia

Cobia can reach 2 m (6.6 ft) and can be found from Massachusetts to Argentina. They are most often found in open water around buoys and pilings. They are a solitary fish but are sometimes in small groups. However, Cobia do form large aggregations for spawning during June to August. EFH is designated in high salinity bays, estuaries, seagrass habitat, sandy shoals of capes and offshore bars, high profile rocky bottom and barrier island ocean-side waters, from the surf to the shelf break zone.

Due to the lower salinity of Newtown Creek, cobias are not expected to be found in the project area.

B.3.n. Sand Tiger Shark

Sand tiger sharks can be found all over the Atlantic and Pacific oceans. They can reach 3.3 m (10.5 ft) with female sexual dimorphism. They can be found singly or in small groups from the surf zone to 25 m (82 ft). Sand tigers are only pregnant in alternate years and two young are produced in each litter. EFH for neonates, early juveniles, and adults is designated in shallow coastal waters from Barnegat Inlet in NJ south and out to the 25 m (82 ft) isobath. No EFH has been designated for late juveniles and subadults because information is lacking.

Sand tiger sharks are not expected in the project area.

B.3.o. Dusky Shark

The dusky shark can be found from Massachusetts to Brazil. Adults can reach 3.6 m (11.8 ft) and 20 years of age. Migrations typically flow to the south in winter and north in summer. They can be found from the surf zone out to far offshore and from the surface to 400 m (1,312 ft). EFH for neonates and early juveniles is designated in shallow coastal waters, inlets and estuaries from the eastern end of Long Island, NY south to North Carolina and out to the to the 25 m (82 ft) isobath. EFH for late juveniles and subadults is off the coast of southern New

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England south and between the 25 and 200 m (82 and 656 ft) isobaths. EFH for adults is the pelagic waters off of Virginia/North Carolina.

Neonates and early juveniles may be found in the project area, but late juveniles to adults are not expected.

B.3.p. Sandbar Shark

The sandbar shark can be found from Massachusetts to Brazil. They can reach 2.5 m (8.2 ft) and 21 years of age. Migrations typically flow to the south in winter and north in summer. EFH for neonates and early juveniles is designated in shallow coastal waters to the 25 m (82 ft) isobath from Montauk, Long Island, NY south Florida in salinity-greater than 22 ‰ and temperatures-greater than 21 °C (70 ºF). EFH is designated for late juveniles/subadults offshore southern New England and Long Island and all coastal and pelagic waters north of 40° N and west of 70° W and south of Barnegat Inlet, NJ to Cape Canaveral, FL. EFH for adults is in shallow coastal areas out to the 50 m (164 ft) isobath from Nantucket, MA to Miami, FL. Nursery and pupping grounds are in shallow areas and the mouth of Great Bay in NJ, Delaware Bay, lower Chesapeake Bay in MD and other areas further south.

Due to the lower salinity of Newtown Creek, it is unlikely that neonate and early juveniles will be found in the project area. Juveniles and adults may be found in the project area.

B.3.q. Species Summary

For the species with EFH designated in the area, the table (Table 4) below is a summary of the life stages per species expected in the project area.

TABLE 4. SPECIES POTENTIALLY PRESENT IN THE PROJECT AREA

Life Stage

Species Eggs Larvae Juveniles Adults

pollock (Pollachius virens) - - - -

red hake (Urophycis chuss) - X - -

winter flounder (Pleuronectes americanus) - X X X

windowpane flounder (Scopthalmus aquosus) X X X X

Atlantic sea herring (Clupea harengus) - - - -

bluefish (Pomatomus saltatrix) - - - -

Atlantic butterfish (Peprilus triacanthus) - - - -

Atlantic mackerel (Scomber scombrus) X X X X

summer flounder (Paralicthys dentatus) - X X X

scup (Stenotomus chrysops) X X X X

black sea bass (Centropristus striata) X X X X

king mackerel (Scomberomorus cavalla) - - - -

Spanish mackerel (Scomberomorus maculatus) - - - -

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Kosciuszko Bridge Project 10 September 2006

cobia (Rachycentron canadum) - - - -

sand tiger shark (Odontaspis taurus) - - - -

dusky shark (Charcharinus obscurus) - - X -

sandbar shark (Charcharinus plumbeus) - - X X

C. DESCRIPTION OF ADVERSE EFFECT ON EFH

Project activities that may affect the EFH include: dredging, demolition of existing piers, construction of the new roadway/rehab of old roadway, construction of new stormwater outfalls, and placement of rip rap. (New piers would be placed away from the creek, avoiding in-water construction.) Several stages of this project will not occur in proximity to the creek and therefore no impacts are expected.

The activity with the greatest potential for adverse effect will be the dredging required to accommodate the construction barges. Dredging will occur in the first stage of the project and will occur over two weeks. The total dredge volume is expected to be 2,750 cubic meters only on the north side of the creek and only in the immediate area of the project. This activity will present a minor and temporary interference with feeding, predation avoidance, and movements but the impacts are deemed insignificant. During this time, turbidity can be expected in the project area but will be minimized by mitigation measures (see mitigation measures below). The dredging activities will be performed in accordance with the dredging permit.

Temporary pile-supported loading/unloading platforms will be placed in and removed from the creek. The bridge replacement alternatives (Alternatives BR-2, BR-3, and BR-5) require removal of the existing piers from the creek. Impacts to the site include temporary disruption of bottom habitat during structure removal and installation activities. Impacts would be localized and confined to the immediate work areas. Disturbing the benthic substrate during deployment and installation will re-suspend sediment in the vicinity of the construction. This material has the potential to present a minor and temporary interference with feeding, predation avoidance, and movements but the impacts are deemed insignificant.

Prey species for fish for which EFH has been designated may be impacted by equipment, attraction to the structures, and feeding on the biofouling organisms. Prey species that live in the water column or are part of the benthic community are unlikely to be seriously impacted. Following project completion, natural populations of prey species will readily reestablish. Disruption of the creek floor during placement activities will likely harm planktonic species in the vicinity of the activities. Following project completion, natural populations will readily reestablish within the plankton community.

D. PROPOSED MITIGATION

Due to the existing contamination at the site, several strict protocols and mitigation measures will be implemented to minimize further contamination of the habitat as well as to avoid harm to the workers. For example, plans will be developed for: stormwater pollution control, heath and safety, soil management, and groundwater management. Such plans contain procedures that can be considered mitigation measures to protect EFH. For example, Best Management Practices will be used to ensure run-off from construction activities does not introduce material

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into the creek, and the stormwater renovation will be designed in accordance with the New York State Department of Environmental Conservation (NYSDEC) Storm water Design Manual.

For dredging operations, enclosed vs. open dredge buckets were considered as a way to minimize impacts by reducing turbidity. The enclosed bucket method was selected and will help to reduce the amount of suspended solids and turbidity in the water which lead to burial and loss of benthic food organisms. With alternate feeding grounds/habitat nearby and the relatively small project area, the risks from dredging activities are considered minimal and temporary.

Silt curtains and silt screens are flexible devices used to control silt and turbidity in the water column. They are generally most effective in relatively shallow, slow moving water (1 to 1 ½ knots). Silt curtains are made of impervious (or mostly impervious) materials and they redirect flow around the turbid area. Silt screens are water permeable but retain a majority of the suspended solids (Averett et al. 1990). Both are beneficial in reducing suspended sediment which will protect delicate habitats and minimize the migration of contaminated sediments. Silt curtains are recommended for this project during dredging activities due to the existing contamination of the area.

The silt curtain will be placed down stream of the project area during dredging and major water disturbing activities. The curtain will remain in place until the dredging operations/activities are completed, although it may need to be opened to allow transport at the dredge site. The silt curtain should be inspected daily to reduce the spread of the turbidity and to prevent the migration of the existing contaminated sediments to adjacent water.

Other dredging considerations included the use of dredging windows where dredging activities are halted at certain times of the year to protect certain delicate life stages of the fish. Based on the seasonal presence of the EFH species, the optimal time for dredging and other water disturbing activities is during winter. However, it does not benefit the habitat to prolong the project to accommodate this window. The sooner the habitat disturbing activities are completed, the sooner the habitat can recover. All dredging activities will be conducted in accordance with the dredging permit.

For all alternatives, rip rap will be used along both creek sides where the current piers occur. Rip rap will provide a great conservation benefit to the area because it will increase the quality of the habitat in that immediate area. Rip rap will soften the shoreline, reduce wave energy, and create additional beneficial fish habitat.

E. CONCLUSION

For the species having EFH in the 10’ x 10’ grid containing the project area, Newtown Creek is not optimal habitat. The area has a long history of habitat degradation and contamination. The impacts from the proposed project will be localized, minimal, and temporary. Over the course of the project, the vast majority of the area would remain available for fish foraging and growth. There would be no permanent loss of habitat in these areas. We conclude that, with the mitigation measures and conservation recommendations proposed throughout the project, impacts to EFH will be minimal and temporary; no long-term or cumulative adverse affects are expected.

This consultation satisfies the MSFCMA consultation requirement. Agencies must respond within 30 days per the MSFCMA.

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F. LITERATURE CITED

Bigelow, Henry B. and William C. Schroeder. 1953. Fishes of the Gulf of Maine. Fishery Bulletin of the Fish and Wildlife Service 74 (53).

Murdy, E.O., R.S. Birdsong, and J.A. Musick. 1997. Fishes of the Chesapeake Bay, 1997 Smithsonian Institution.

National Marine Fisheries Service. Guide to EFH Species Designations. www.nero.noaa.gov/hcd/list.htm. Last accessed 13 October 2005.

National Oceanic and Atmospheric Administration. Guide to Essential Fish Habitat. www.nero.noaa.gov/hcd/. NOAA Fisheries Habitat Conservation Division. Last accessed 13 October 2005.

New York Department of Environmental Protection. 2001. Use and Standards Attainment (USA) Project.