December 2017 Revision 2 LPROU _04-001

Transcription

1 (Appendix H to PDI WP) Remedial Design - Lower 8.3 Miles of the Lower Passaic River Operable Unit Two of the Diamond Alkali Superfund Site In and About Essex, Hudson, Bergen and Passaic Counties New Jersey December 2017 Revision 2 LPROU _04-001

2 (Appendix H to PDI WP) Remedial Design - Lower 8.3 Miles of the Lower Passaic River Operable Unit Two of the Diamond Alkali Superfund Site In and About Essex, Hudson, Bergen and Passaic Counties New Jersey December 2017 Revision 2 LPROU _ PREPARED ON BEHALF OF Settling Party Glenn Springs Holdings, Inc. A Subsidiary of Occidental Petroleum 5 Greenway Plaza, Suite 110 Houston, TX PREPARED BY Supervising Contractor Tetra Tech Inc. 6 Century Drive, 3 rd Floor Parsippany, NJ P F tetratech.com

3 REVISION RECORD Revisions to this will be reviewed and approved by someone qualified to have prepared the original document. All revisions must be authorized by the Tetra Tech Project Manager and the Glenn Springs Holdings, Inc. Project Coordinator, or their designee(s), and documented below. Revision Date Portions Affected Reason Authorized By Agency Submittal 1 10/13/2017 All Comments received from EPA on Draft/Rev 0 J. Somoano (GSH); S. McGee (Tetra Tech) Yes (EPA, NJDEP) 2 11/27/2017 Sections 1 and 6 Comments received from EPA on Rev 1 J. Somoano (GSH); S. McGee (Tetra Tech) Yes (EPA, NJDEP)

4 TABLE OF CONTENTS 1 INTRODUCTION DATA QUALITY OBJECTIVES EXISTING FISHERIES DATA ON ESSENTIAL FISH HABITAT AND FISH ABUNDANCE ESSENTIAL FISH HABITAT DISTRIBUTION WITHIN THE PROJECT AREA LIFE HISTORY FOR SELECT EFH SPECIES IN THE LPR BY LIFE STAGE - EFH MAPPER Window Pane Flounder Winter Flounder Red Hake Summer Flounder Anadromous Fish Species Migration HAPC Areas EXISTING FISHERIES REVIEW AND DATA GAP ANALYSIS TECHNICAL SCOPE OF WORK TASK 1 PROJECT PLANNING TASK 2 AGENCY CONSULTATION AND COORDINATION TECHNICAL APPROACH TO ESSENTIAL FISH HABITAT ASSESSMENT AND FISH STUDIES Essential Fish Habitat Assessment Winter Flounder Habitat Assessment MIGRATORY ANADROMOUS FINFISH ASSESSMENT Historical Data Review and Summary of Finfish Abundance Data QUALITY CONTROL EFH ASSESSMENT, WINTER FLOUNDER HABITAT REPORT, AND ANADROMOUS FISH REPORT EFH Assessment and Winter Flounder Habitat Evaluation Anadromous Finfish Summary Report SCHEDULE AND DELIVERABLES REFERENCES i

5 LIST OF TABLES Table 2-1. Dredging Avoidance Windows and Species and Life Stages of Concern Applicable in the LPR Table 2-2. Inventory of Finfish Species with Potential EFH in the Greater Newark Bay Area Table 2-3. NOAA EFH Mapper Identified Species within RM 0 to 8.3 of the LPR Table 3-1. Winter Flounder Habitat Characteristics LIST OF FIGURES Figure 1-1. OU 2 Location and Vicinity Map Figure 2-1. Extent of EFH for All Life Stages of Window Pane and Winter Flounders and Juvenile and Adult Life Stages of Red Hake Figure 2-2. Extent of EFH for Larvae, Juvenile, and Adult Life Stages of Summer Flounder Figure 2-3. Average Winter Flounder Egg Densities (per 1,000 m3) Figure 2-4. Average Winter Flounder Larvae Densities (per 1,000 m 3 ) Figure 2-5. Mean Density of Winter Flounder Yr 0, 1, 2 and 3 in Channel and non-channel Habitats ii

6 ACRONYMS AND ABBREVIATIONS Acronyms/Abbreviations Definition C degrees Celsius F degrees Fahrenheit ABS AK cm CPUE COC DDT DQO EFH EPA ESA FFS FSWP GIS GSH HAPC HDP LB LPR mm Aquatic Biological Survey Arthur Kill centimeter catch per unit effort contaminant of concern dichlorodiphenyltrichloroethane data quality objective Essential Fish Habitat U.S. Environmental Protection Agency Endangered Species Act Focused Feasibility Study geographic information system Glenn Springs Holdings, Inc. habitat areas of particular concern harbor deepening project Lower New York Bay Lower Passaic River millimeter µm micrometer MLW MLLW NB NEFMC NJDEP NJDEP F/W NMFS NYD OU OU 2 mean low water mean low-low water Newark Bay New England Fisheries Management Council New Jersey Department of Environmental Protection NJDEP Fish and Wildlife National Oceanic and Atmospheric Administration, National Marine Fisheries Service New York District Operable Unit Operable Unit 2 (the lower 8.3 miles of the Lower Passaic River); the Project iii

7 Acronyms/Abbreviations PAH PCB PDF PDI PDI WP ppt Definition polycyclic aromatic hydrocarbon polychlorinated biphenyl Portable Document Format pre-design investigation Pre-design Investigation Work Plan part per thousand Project Lower 8.3 miles of the Lower Passaic River (Operable Unit Two [OU 2]) of the Diamond Alkali Superfund Site, located in and about Essex, Hudson, Bergen, and Passaic Counties, New Jersey QA QC RD RDWP RM ROD SE2 Settlement Agreement Site SOW UB UFP-QAPP USACE WP quality assurance quality control remedial design Remedial Design Work Plan river mile Record of Decision saline estuary Administrative Settlement Agreement and Order on Consent for Remedial Design Diamond Alkali Superfund Site statement of work Upper New York Bay Uniform Federal Policy-Quality Assurance Project Plan U.S. Army Corps of Engineers Work Plan iv

8 1 INTRODUCTION This (FSWP) has been prepared as part of the Pre-Design Investigation Work Plan (PDI WP) pursuant to the requirements set forth in the Administrative Settlement Agreement and Order on Consent for Remedial Design (Settlement Agreement) between the U.S. Environmental Protection Agency (EPA) and Settling Party, effective September 30, 2016, for the lower 8.3 miles of the Lower Passaic River (Operable Unit Two [OU 2]) of the Diamond Alkali Superfund Site (the Site), located in and about Essex, Hudson, Bergen, and Passaic Counties, New Jersey (the Project); refer to Figure 1-1. The Settling Party, as defined in the Settlement Agreement, is Occidental Chemical Corporation. Communications associated with, and execution of, the Settlement Agreement are being led by Glenn Springs Holdings, Inc. (GSH) on behalf of Occidental Chemical Corporation. The Settlement Agreement provides that the Settling Party shall undertake a Remedial Design (RD), including various procedures and technical analyses, to produce a detailed set of plans and specifications for implementation of the Remedial Action selected in the EPA's March 3, 2016 Record of Decision (ROD; EPA, 2016a). RD activities include the completion of all pre-design and design activities and deliverables associated with implementation of the RD for the remedy selected in the ROD. The selected remedy was chosen by the EPA in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 United States Code , and, to the extent practicable, the National Oil and Hazardous Substances Pollution Contingency Plan. As stated in the EPA Statement of Work (SOW), pre-design investigation (PDI) activities are to be conducted to gather additional site-specific information that is required to develop the RD, as outlined in the Remedial Design Work Plan (RDWP; Tetra Tech, 2017b). These PDI activities include evaluation of data on Essential Fish Habitat (EFH) in support of the EFH assessment and migratory fish abundance for OU 2 and to assess potential impacts to fishery resources present. GSH will implement the ROD for the remediation of OU 2. This will involve the remediation of sediments in the intertidal and subtidal sections of OU 2 and the operation and control of bank to bank dredging operations within OU 2 under permit conditions for the sediment removal. An avoid dredging window of January 15 th to May 31 st is in place for parts of the greater Newark Bay/New York Harbor area, specifically waters less than 6 meters in depth, to minimize impacts to winter flounder spawning and egg/larvae occurrence. Historical studies by the US Army Corps of Engineers (USACE 2013) have demonstrated that the area of the Arthur Kill/Newark Bay (AK/NB) does not appear to be a significant spawning area for winter flounder. This has led to the modification of the window to focus on migratory finfish and larvae and adult/juvenile winter flounder within the channel of this area. Additionally, the Lower Passaic River (LPR) channel is listed for a March 1 st to June 30 th dredging avoidance window for passage of anadromous finfish to upstream spawning areas. This work plan is comprised of desktop studies for the summary of available data on EFH and fishery resources to characterize the potential impacts of the Remedial Action on marine fishery resources in OU 2. The scope of work includes preparation of an EFH assessment for the identified species, a desktop winter flounder habitat assessment, a desk top assessment of migratory fish runs within the OU 2 Project area, and the potential for minimizing impacts to these resources. The desktop studies will form the basis for establishing a baseline data collection effort for ongoing dialogue with NOAA National Marine Fisheries Service (NMFS) and stakeholder agencies to support the assessment of impacts of the OU 2 remediation on trust marine resources. Hydrographic survey and water quality data 1-1

9 will be used to stratify between deeper channel habitats and shallower non-channel habitats for use in the habitat evaluation and prediction of migratory finfish passage through OU 2. This FSWP is organized as follows: Section 1 Introduction: Presents a brief description of OU 2, background information and existing fish windows in effect for OU 2, and objectives for the FSWP. Section 2 Existing Data on Essential Fish Habitat and Fish Abundance: Presents existing historical information and data on fisheries and EFH within OU 2. Section 3 Technical Scope of Work: Presents the technical approach and data needed for preparation of the EFH assessment and historical data and studies for completion of the EFH, winter flounder habitat assessment, and migratory anadromous finfish summary report. Section 4 Quality Control: Describes GSH s approach for maintaining quality during summarization of historical fish data. Section 5 EFH Assessment, Winter Flounder Habitat Report, and Anadromous Fish Report: Presents GSH s approach to preparation of the EFH assessment and the historical and existing data evaluation for the migratory finfish surveys relative to the application of environmental constraints windows within OU 2. Section 6 Schedule and Deliverables: Provides the needed schedule and deliverables for performance of the proposed desktop fisheries studies. It also presents a summary and description of the EFH assessment preparation, winter flounder habitat assessment and migratory anadromous finfish data summary report Section 7 References: Cites references used in compiling this planning document. 1.1 DATA QUALITY OBJECTIVES The primary objectives of this habitat evaluation are to prepare the EFH assessment and provide data on abundance and distribution of fishery trust resources in support of the EFH assessment process. This includes desk top studies, review of available data on trust species within the OU 2 area, data summaries, and assessments needed for assessing impacts to EFH and justification for windows for restricting dredging during implementation of the OU 2 sediment remediation. GSH is providing this FSWP to outline the anticipated data and reporting needs to address impacts to EFH. The FSWP outlines desktop studies and existing data summarization for identifying and evaluating environmental window dredging restrictions based on site-specific data related to fish spawning and fish migration in the LPR. These studies will: Review historical and recent reports and data on fishery resource abundance and distributions. Assemble data on habitat characteristics of salinity, depth, benthic substrate, and temperature, inclusive of data collected in support of this PDI effort, to define potential winter flounder EFH habitat in OU 2. Assemble data on water quality and anadromous finfish abundance through the review of available data on anadromous fish runs within OU 2. Develop an EFH Assessment for the species potentially affected by the remedial action in OU 2. This investigation will be performed per the Uniform Federal Policy-Quality Assurance Project Plan (UFP- QAPP), which is the basis for the quality assurance (QA) and quality control (QC) elements of the entire 1-2

10 Project (Tetra Tech, 2017c). The UFP-QAPP serves as a project-specific quality plan for the Project and encompasses elements of a Field Sampling Plan and a Quality Assurance Project Plan. The plan integrates technical and quality aspects for OU 2 to ensure scientifically sound data of known and documented quality are collected to meet the data quality objectives (DQOs) for the Project. Development of DQOs for this FSWP followed the seven-step process outlined in Worksheet #11 of the UFP-QAPP. The DQOs include: Steps 1 and 2 Problem statement and goals of the study are presented in Section 1. Step 3 Information inputs (i.e., general overview on EFH presence, winter flounder and migratory fish abundance) are summarized in Section 2, along with an analysis of data gaps. Steps 4, 5, 6, and 7 The EFH assessment, winter flounder habitat assessment, and literature review of migratory finfish abundance and distribution within OU 2 are described in Section 5. No fish sampling or fish surveys are proposed and therefore there are no performance and field survey acceptance criteria required. Habitat based evaluations for fish habitat will incorporate data from other PDI studies which will be subject to their own QA/QC components. 1-3

11 2 EXISTING FISHERIES DATA ON ESSENTIAL FISH HABITAT AND FISH ABUNDANCE The Project area for OU 2 consists of the lower tidal 8.3 miles of the LPR starting at the confluence with Newark Bay (NB). Tidal effects extend upstream to river mile (RM) 17 at the Dundee Dam which represents the head of tide for the river. The EPA-selected remedy for OU 2 defined in the ROD (EPA, 2016a) is dredging with capping (to reduce increased potential for flooding and maintain navigation) with off-site disposal of dredged material. This process will involve the disturbance of bottom sediments and potentially impact the spawning of migratory and resident fish populations. The Project area extends from the river s confluence with Newark Bay at RM 0 to RM 8.3 near the border between the City of Newark and Belleville Township. The ROD (EPA, 2016a) addresses contaminated sediments within OU 2. OU 2 is a part of the overall Site, which, based on investigations by the NJDEP and EPA, was placed on the National Priorities List in The Site was subject to various investigations, emergency response actions, interim containment remedies, river studies and removal actions under separate RODs and Administrative Orders on Consent. OU 2 is categorized as a SE2 (saline estuary) water body. This reach extends from the confluence with Second River located at approximately RM 8.3 downstream to the mouth of Newark Bay (EPA, 2014a). The designated uses of SE2 waters include: 1. Maintenance, migration, and propagation of the natural and established biota 2. Migration of diadromous fish 3. Maintenance of wildlife 4. Secondary contact recreation 5. Any other reasonable uses Based on various studies, the sediments in OU 2 contain a variety of contaminants including polychlorinated dibenzo-p-dioxins and furans (dioxins and furans), polychlorinated biphenyls (PCBs), polycyclic aromatic hydrocarbons (PAHs), Total DDx (DDT [dichlorodiphenyltrichloroethane] and its primary breakdown products), other pesticides, mercury, lead, and other metals. EPA concluded that OU 2 contains the bulk of the contaminated sediment, serving as the major source of contamination to the rest of the LPR and Newark Bay. This supported the EPA s decision to address this contaminated area first within an overall remediation framework (with the ROD for OU 2). The response action selected by the EPA in the ROD for OU 2 is a final action for the sediments and an interim action for the water column. The tidal river within OU 2 remains estuarine in character at its confluence with Newark Bay. Historical salinity data indicates that the salt water wedge can travel upstream about 10 miles from the mouth of the Passaic River (HydroQual, Inc., 2006). Salinities within the lower 8.3-mile extent range from 5 to 25 parts per thousand (ppt). Salinity gradients within the reach are highly influenced by freshwater flow from the upper non-tidal reaches of the river. Most recent data on fish communities were collected as part of the Fish Community and Tissue Collection effort for the preparation of remedial investigation and risk assessment reports for LPR RM 0 to RM 17 of the LPR (Windward, 2011). These data included fish surveys and tissue collection efforts within OU 2. Sampling events occurred in the fall/winter, late spring, and early summer of Fish abundance data were collected using a variety of collection methods within the LPR on a reach basis defined by RM. Methods included the use of fish traps, cast nets, trotlines, gillnets, and electrofishing (RM 6 to RM 8 only). Gillnets were deemed a potentially non-selective, destructive collection method and their use was minimized at the 2-1

12 request of EPA, but on a catch per unit effort (CPUE) basis were the most effective collection method (Windward, 2011). Crab traps were used to collect blue crabs during the field surveys. These techniques were limited by gear effectiveness and may have biased catch data to species susceptible to collection by the above methods. The winter flounder (Pseudopleuronectes americanus) is a migratory species of concern whose life history patterns are well documented in the mid-atlantic region. The NMFS had recommended a dredging avoidance window of January 15 th through May 31 st for the protection of spawning adults, eggs, and larvae for this and other species for the entire New Jersey/New York Harbor Complex. The NJDEP issued a dredging restriction of January 1 st through May 31 st as part of the water quality certificate for the harbor deepening project (Tanski et al., 2014). In February 2017, the NMFS, in collaboration with the New York District (NYD) of the U.S. Army Corps of Engineers (USACE) and other stakeholders, updated the dredging window avoidance periods within the harbor to prioritize specific areas for winter flounder and other trust fish stock resources. These included multiple period closures based on species specific or multi-species use or migratory needs identified with areas of the harbor. In the February 2017 letter from the NOAA/NMFS Habitat Conservation Division to NYD USACE, the LPR channel was identified as Avoid dredging from March 1 st to June 30 th of each year to minimize impacts to migrating and spawning anadromous fishes which are prey species for federally managed bluefish, summer flounder, window pane and skates (Louis Chiarella, NOAA Habitat Conservation Division to Peter Weppler, USACE NYD, Conservation Recommendation Letter dated February 7, 2017). Limited data are available for anadromous passage and spawning activity in the LPR. Studies conducted in support of the remedial investigation for LPR did collect individuals sporadically within individual reaches but these species were not specifically targeted for survey. No distributional data on the occurrence of winter flounder life stages within the LPR are available; however, the NB/LPR area has not been identified as significant winter flounder spawning habitat in the current closure correspondence between NOAA and the NYD USACE. Where winter flounder do spawn, a dredging avoidance window of January 15 th through May 31 st was identified. Table 2-1 summarizes the potential dredging avoidance windows tentatively identified within the LPR. Table 2-1. Dredging Avoidance Window Dredging Avoidance Windows and Species and Life Stages of Concern Applicable in the LPR Species or Marine Species of Concern Life Stages of Concern January 15 1/ March 31 Winter Flounder Demersal Eggs and Larvae March 1 June 30 Migratory Finfish (river herring, American shad and striped bass) Migratory, Spawning Adults 1/ The New Jersey Department of Environmental Protection recognizes a January 1 st March 31 st window. Water Depths or Areas Applicable Water Depths <6 m Navigation Channels With Depths >6 m Other marine and estuarine species with designated EFH within the Project area were also identified from the NMFS EFH mapper database and the Greater Atlantic Fisheries Habitat Conservation website. While significant attention and sampling for winter flounder has been performed as part of the New York Harbor deepening project, no data have been collected regarding the occurrence and abundance of eggs, larvae, or adults of this species within the OU 2 area of the LPR designated as EFH for this species (USACE, 2013). 2-2

13 2.1 ESSENTIAL FISH HABITAT DISTRIBUTION WITHIN THE PROJECT AREA To better understand the potential significance of OU 2 to support EFH, the Greater Atlantic Fisheries Habitat Conservation Division EFH inventory for greater Newark Bay ( and the NMFS EFH mapper database ( were consulted for the identification of EFH, habitat areas of particular concern (HAPC), and EFH areas protected from fishing within OU 2. Table 2-2 presents the list and life stage for the EFH species listed from the Greater Atlantic Habitat Conservation Division. Fifteen species with potential EFH were listed in the database for the Greater Newark Bay. Table 2-2. Inventory of Finfish Species with Potential EFH in the Greater Newark Bay Area Species Eggs Larvae Juveniles Adults Red hake X X X Winter flounder X X X X Window pane flounder X X X X Atlantic sea herring X X X Bluefish X X Atlantic butterfish X X X Atlantic mackerel X X Summer flounder X X X Scup X X X Black sea bass X X King mackerel X X X X Spanish mackerel X X X X Cobia X X X X Sand tiger shark X Sandbar shark X X Notes: As cited X Potential habitat present for life stage indicated The EFH mapper tool was used to further refine the search and supplement the above list. The Project area was surveyed for EFH boundaries based on reach definition and distance from the Newark Bay complex. Identification of EFH limits are based on available information and expected environmental conditions capable of supporting a species life stage occurrence. The EFH designation is only based on this information and implies no occurrence or absence data. This refined search was used to specifically focus on the OU 2 environment and it is acknowledged that these data do not limit the species identified in the EFH mapper database. LPR RM 0 to RM ~0.4 from the Upper Newark Bay Complex Confluence The winter flounder, window pane flounder, summer flounder, and red hake were identified as having EFH within the reach interval defined as that extending from the confluence of the LPR with Newark Bay (RM 0) to approximately RM 0.4, an area just upstream from the abandoned Conrail bridge near Kearny Point. EFH for the species and their associated life stages within in this reach were identified from the NMFS database and are summarized in Table

14 Table 2-3. NOAA EFH Mapper Identified Species within RM 0 to 8.3 of the LPR Common Name Scientific Name Life Stage Identified Window Pane Flounder Scophthalmus aquosus Eggs, Larvae, Juveniles, Adults Winter Flounder Pseudopleuronectes americanus Eggs, Larvae, Juveniles, Adults Red Hake Urophycis chuss Juveniles, Adults Summer Flounder Paralichthys dentatus Larvae, Juveniles, Adults Notes: As cited LPR RM 0.4 to RM 8.3 EFH for summer flounder larvae, juveniles, and adults was identified to extend from the mouth of the LPR upstream, encompassing the entire 8.3-mile reach of OU 2 and upstream to an area near Lyndhurst, NJ. A life history summary for this species and individual life stage is provided in Section 2.2. The area delineated by the EFH mapper for all applicable life stages in OU 2 for window pane flounder, winter flounder, and red hake is presented in Figure 2-1. The area delineated by the EFH mapper for applicable life stages in OU 2 for summer flounder is presented in Figure 2-2. Migratory Anadromous Finfish Passage RM 0 to RM 8.3 The waters of the Passaic River were identified as tidal waters providing for passage of anadromous finfish species inclusive of American shad (Alosa sapidissima), blueback herring (Alosa aestivalis), alewife (Alosa pseudoharengus), and striped bass (Morone saxatilis) as the principal species of concern in this category. These species have been noted to be present in the upper area of Newark Bay near the confluence of LPR based on finfish surveys conducted in support of the Harbor Deepening Project (USACE, 2015). These species will utilize OU 2 as passage for migration upstream to freshwater spawning habitats. The passage timing and persistence of these species during passage through OU 2 are not well documented. A general life history summary for these migratory species is provided in Section LIFE HISTORY FOR SELECT EFH SPECIES IN THE LPR BY LIFE STAGE - EFH MAPPER The following life history summaries are adapted from those provided for the species profiles provided in the Greater Atlantic Fisheries Habitat EFH database and site specific studies as noted Window Pane Flounder Window pane flounder is a small right-eyed flounder species that is occasionally harvested for human consumption and protein supplement source for pet food. It is commonly associated with winter flounder though typically smaller in size. The following life stage descriptions were adapted from the NOAA EFH species specific life history summary provided in NOAA (1999). Studies performed in the LPR for fish community surveys in support of the remedial investigation (Windward, 2011) did not collect window pane flounder. This may be due to the effect of gear selectivity. Eggs: Occur in marine and estuarine surface waters around the perimeter of the Gulf of Maine, on Georges Bank, southern New England, and the middle Atlantic south to Cape Hatteras. The eggs are buoyant and spherical, with a diameter of 0.9 to 1.4 millimeters (mm), and a single oil globule 0.2 to 0.3 mm in diameter (Wheatland, 1956). Generally, the following conditions exist where window pane flounder eggs are found: water surface temperatures less than 68 degrees Fahrenheit ( F) (20 degrees Celsius [ C]) and water depths less than 230 feet (70 meters). Window pane flounder eggs are often observed from February to November with peaks in May and October in the middle Atlantic. 2-4

15 Larvae: Larvae occur in pelagic waters from the Gulf of Maine, on Georges Bank, southern New England, and the middle Atlantic south to Cape Hatteras. Generally, the following conditions exist where window pane flounder larvae are found: sea surface temperatures less than 68 F (20 C) and water depths less than 230 feet (70 meters). Window pane flounder larvae are often observed from February to November with peaks in May and October in the middle Atlantic. Juveniles: Occur on bottom habitats with a substrate of mud or fine-grained sand from the Gulf of Maine, on Georges Bank, southern New England and the middle Atlantic south to Cape Hatteras. Generally, the following conditions exist where window pane flounder juveniles are found: water temperatures below 77 F (25 C), depths from 3.25 to 325 feet (1 to 100 meters), and salinities between 5.5 and 36 ppt. Depths and salinity ranges overlap with ranges observed in the Project area. Adults: Adults are found on bottom habitats with a substrate of mud or fine-grained sand from the Gulf of Maine, on Georges Bank, southern New England and the middle Atlantic south to the Virginia-North Carolina. Generally, the following conditions exist where window pane flounder adults are found: water temperatures below 80 F (26.8 C), depths from 3.25 to 243 feet (1 to 75 meters), and salinities between 5.5 and 36 ppt. Preferred water depths and salinity ranges correspond to ranges observed in the Project area. Spawning Adults: Spawning has been observed on bottom habitats with a substrate of mud or fine-grained sand in the Gulf of Maine, Georges Bank, southern New England and the middle Atlantic south to the Virginia and North Carolina. Generally, the conditions where window pane flounder adults are found are characterized by water temperatures below 70 F (21 C), depths from 3.25 to 243 feet (1 to 75 meters), and salinities between 5.5 and 36 ppt. Depths and salinity ranges correspond to ranges observed in the Project area. Window pane flounder are most often observed spawning during the months February through December with a peak in April and May in the middle Atlantic Winter Flounder The name winter flounder is derived from its tendency to move during the winter months to shallower inshore waters for spawning. It ranges from southern Labrador to the waters of South Carolina and Georgia and is most abundant from the Gulf of St. Lawrence to the Chesapeake Bay. Females are generally larger than males and generally grow faster than males. A 12-inch (30.5 centimeter [cm] winter flounder is about 2 to 3 years old, and a 20-inch (50.8 cm) winter flounder is about 9 to 10 years old. Female winter flounder grow faster than males and attain larger maximum sizes to about 8 pounds (3.62 kilograms) at a length of 25 inches (63.5 cm) and may live up to 15 years (Pereira et al., 1999). The general description by life stage that follows is adapted from the New England Fisheries Management Council (NEFMC) species summaries ( and associated technical references, as cited. Fish community surveys conducted in 2009 and 2010 in support of the remedial investigation (Windward, 2011) infrequently collected winter flounder from RM 0 to RM 4. The low abundance of winter flounder collection may be due to the effect of gear selectivity. EFH has been defined as water depths less than 20 feet (6 meters). Eggs: Occur on bottom habitats with a substrate of sand, muddy sand, mud, and gravel from the inshore areas of the Gulf of Maine, southern New England, and the middle Atlantic south to the Delaware Bay. The eggs are 0.71 to 0.86 mm in diameter, spherical in shape, have strong adhesive and cohesive properties are negatively buoyant falling to the bottom in clusters (Lippson and Moran, 1974). High densities of eggs have been encountered in the Lower New York Bay areas (USACE, 2013). Generally, the following conditions exist where winter flounder eggs were found: water temperatures less than 50 F (10 C), salinities between 10 and 30 ppt, and water depths less than 16 feet (5 meters). Depths and salinity ranges correspond to ranges observed within the Project area. 2-5

16 Larvae: Winter flounder larvae occur in pelagic and bottom waters of the inshore areas within the Gulf of Maine, southern New England and mid-atlantic states region. Larvae are 2.8 to 3.5 mm in size at hatching and the egg yok sac is absorbed by about 5.0 mm (Lippson and Moran, 1974). Generally, the following conditions exist where winter flounder larvae are found: surface water temperatures less than 59 F (15 C); salinities between 4 and 30 ppt; and water depths less than 20 feet (6.1 meters). Depths and salinity ranges correspond to ranges observed within the Project area. Winter flounder larvae are often observed from March to July with peaks in April and May in the mid-atlantic region and in the UB and LB of New York Harbor (USACE, 2013). Juveniles: Juvenile stages of this species occupy the bottom habitats with a substrate of mud or fine grained sand from the Georges Bank, the inshore areas of the Gulf of Maine, southern New England and the middle Atlantic regions. Generally, the following conditions exist where winter flounder young-of-the-year are found: surface water temperatures below 82 F (28 C); depths from 0.33 to 32.5 feet (0.1 to 10 meters); and salinities between 5 and 33 ppt. Age 1 and older juvenile cohorts occur on bottom habitats consisting of mud or fine grained sand with water temperatures below 77 F (25 C); depths from 3.25 to 162 feet (50 meters); and salinities between 10 and 30 ppt. Depths and salinity ranges correspond to ranges observed in the Project area. Adults: Adult winter flounder occur across a variety of benthic habitats. Preferred bottom habitats include estuaries with a substrate of mud, sand, and gravel. Generally, the following conditions exist where winter flounder adults are found: water temperatures below 77 F (25 C); depths from 3.25 to 325 feet (1 to 100 meters); and salinities between 15 and 33 ppt. In the UB of New York Harbor, distribution of adults occur on similar substrates and conditions of temperature, depth and salinity (Pereira et al., 1999). Spawning Adults: Bottom habitats include estuaries with substrates of sand, muddy sand, mud, and gravel on Georges Bank, the inshore areas of the Gulf of Maine, southern New England and the middle Atlantic south to the Delaware Bay. Generally, the following conditions exist where winter flounder adults are found: water temperatures below 59 F (15 C), depths less than 20 feet (6 meters) and salinities between 5.5 and 36 ppt. Depths and salinity ranges correspond to those observed in parts of the Project area. Winter flounder are most often observed spawning during the months February to June within the individual regions. Within the UB and LB areas of NY bay, spawning occurs from February to May with water temperatures being a major predictive measure of year class strength and peak spawning periods (USACE, 2013) Red Hake Red hake is a common demersal fish that occurs from North Carolina to Southern Newfoundland but is most abundant in the waters between Georges Bank and New Jersey. Red hake make seasonal migrations to follow preferred temperature ranges. During warmer months, they are most common in depths less than 325 feet (100 meters); during colder months, they are most common in depths greater than 325 ft. (100 m). General description by life stage identified as having EFH in the Project area is adapted from New England Fisheries Management Council (NEFMC) species summaries ( and associated technical references as cited. Red hake eggs and larvae were not collected from within the UB and LB of New York Harbor (USACE, 2013a). Spawning for this species typically occurs offshore (Able and Fahay, 1998; 2010 in USACE, 2013a). Given that red hake eggs and larvae are pelagic and not expected to occur in the Project area, impacts would be considered minimal to these life stages. The EFH mapper identified EFH for juveniles and adult red hake in the Project area. Fish community surveys performed in the LPR in support of the remedial investigation (Windward, 2011) did not collect red hake. This lack of capture may be due to the effect of gear selectivity used in the studies performed. 2-6

17 The following life stage descriptions for red hake were adapted from the NOAA EFH (NOAA, 1999b) species specific life history summary for this species. Juveniles: Juvenile hake occur on bottom habitats with a substrate of shell fragments, including areas with an abundance of live scallops, in the Gulf of Maine, on Georges Bank, the continental shelf off southern New England, and the middle Atlantic south to Cape Hatteras. Generally, the following conditions exist where red hake juveniles are found: water temperatures below 60.8 F (16 C), depths less than 325 feet (100 meters) and a salinity range from 31 to 33 ppt. These preferred salinities would occur within portions of the LPR and Newark Bay. Adults: Adult fish occur on a variety of bottom habitats in depressions with a substrate of sand and mud in the Gulf of Maine, on Georges Bank, the continental shelf off southern New England, and the middle Atlantic south to Cape Hatteras. Generally, the following conditions are preferred where red hake adults are found and support water temperatures below 53.6 F (12 C), depths from 32.5 to 422 feet (10 to 130 meters), and a salinity range from 33 to 34 ppt. The range in depths of occurrence overlaps with those observed in the LPR. However, preferred salinities for this species occurs above the range of 5 to 25 ppt observed in the LPR Summer Flounder Summer flounder is a medium sized, flounder species common to the mid-atlantic region. The following life stage descriptions were adopted from the NOAA EFH species specific life history summary. Review of the EFH mapper database shows that habitat for larvae, juvenile and adult summer flounder is potentially supported within the entire Project area (Figure 2-2). Fish community surveys performed in the LPR in support of the remedial investigation (Windward, 2011) did collect a single summer flounder from within Reach 2 (RM 1 to 2). This limited catch may be due to the effect of gear selectivity used in the studies performed. Larvae: Larvae occur in near shore habitats where EFH is all the estuaries where the "mixing" zone between freshwater and marine waters (defined in Estuarine Living Marine Resource (ELMR) database as 0.5 to 25.0 ppt.). Depths and salinity ranges correspond to ranges observed in the Project area (RM 0 to 8.3). In general, summer flounder larvae are most abundant nearshore (12 to 50 miles from shore) at depths of 30 to 230 feet (9.2 to 71 meters). They are most frequently found in the northern part of the Mid-Atlantic Bight (i.e., NY/NJ) from September to February, and in the southern part from November to May. Given the shallow nature of the upper LPR reaches (channel depth of 16 to 20 feet [4.9 to 3.2 meters]) mean low-low water (MLLW), occurrence of larvae in the upper reaches is not known given the paucity of data for this species in the Project area. Juveniles: Inshore shallow water habitat is most important with EFH being defined as all of the estuaries where summer flounder were identified as being present (rare, common, abundant, or highly abundant) in the ELMR database for the "mixing" between freshwater and seawater salinity zones. In general, juveniles use several estuarine habitats as nursery areas, including salt marsh creeks, seagrass beds, mudflats, and open bay areas in water temperatures greater than 37 F (2.8 C) and salinities within the 10 to 30 ppt range. The preferred depths and salinities favored by this life stage of this species corresponds to temperature and salinity ranges observed in the Project area. Adults: Inshore, shallow water habitats area classified as EFH for this species and includes estuaries where summer flounder were identified as being highly abundant in the ELMR database for the "mixing" between freshwater and seawater estuarine zones. Generally, summer flounder inhabit shallow coastal and estuarine waters during warmer months and move offshore on the outer Continental Shelf at depths of 500 feet (

18 meters) in colder months. Preferred salinity ranges within estuarine area are favored in the 10 to 30 ppt range Anadromous Fish Species Migration Recent modifications of the dredging window for the NY/NJ Harbor Deepening Project identified the LPR as having a March 1 st to June 30 th dredging avoidance period for conservation of migrations of anadromous finfish species inclusive of blueback herring, alewife, and American shad. Adults utilize the estuarine segments to pass upstream to freshwater reaches where spawning by these species occurs. Post-spawning migration of juveniles and adults in the fall occurs with the return to the marine waters of the adjoining waters of the bay and harbors. Of this group, the USACE study found the blueback herring to be the most abundant species near the mouth of the LPR with the Newark Bay (USACE, 2015). Both alewife and the blueback herring are collectively defined as river herring and were the subject of review for potential listing under the Endangered Species Act (ESA). The review conducted in April 2013 determined that listing was not warranted ( and therefore remain unlisted under the ESA. However, NOAA during the April 21 st meeting indicated that blueback herring was being revisited based on a successful protest by an intervening party. This reassessment is currently being worked on and no decision regarding the remedy for moving forward has been determined ( Kimberly Damon-Randall, NOAA to John Schaffer, Tetra Tech, Inc., May 1, 2017). Windward s 2011 study sporadically collected alewife in the lower areas of LPR but the study may have been gear selective in the collection of this species. Finfish surveys performed by the USACE showed congregations of herring, alewife, menhaden, and American shad at the confluence of the LPR and Newark Bay to occur during the period of March to early June (USACE, 2015). Timing of migrations upstream by these species within the LPR reach has not been well documented. Timing of migrations by these species has been linked to water temperature, river stage, moon phase and water visibility in other systems (Acolas and Lambert, 2016). Migration in other river systems is timed during the period of April through June. Additionally, blue crabs have been observed to migrate into the LPR as well for potential spawning. The occurrence of blue crabs is documented in all reaches of the LPR with spring and early summer having the greatest abundance (Windward, 2011) HAPC Areas No HAPC were identified within the Project area based on review of the EFH database. 2.3 EXISTING FISHERIES REVIEW AND DATA GAP ANALYSIS The New York/New Jersey harbor deepening project (HDP) included an extensive assessment of migratory finfish and winter flounder abundance in the AK/NB area. The available data from this extensive data base for sampling stations from the NB area were reviewed for data concerning abundance and distribution of migratory finfish and winter flounder from the Project vicinity. OU 2 shows characteristics of estuarine habitat which reflect unique fishery assemblages within each salinity regime. Fish tissue monitoring had previously been performed in support of the remedial investigation and species collected for analysis have included mummichog, white perch, white catfish, channel catfish and American eel in estuarine areas, and common carp, brown bullhead, largemouth bass, smallmouth bass and northern pike in freshwater areas. The occurrence and distribution of trust resource species within OU 2 is limited to select studies mostly focused on the remedial investigation for the LPR or the HDP in Newark Bay. 2-8

19 Extensive sampling for winter flounder has been conducted in the Upper and Lower New York Harbor (UB/LB) areas which included surveys for eggs, larvae, juvenile and adult winter flounder. Winter flounder eggs are distributed throughout the UB/LB areas. However, significantly lower egg densities were found to occur in the AK/NB area near the LPR and accounted for less than 5 percent of the total egg collection during the project performance. The LPR occurs within the AK/NB complex segment where low egg densities were found. USACE (2013) showed that, within the Newark Bay area, egg collections from the sample stations totaled only 58 eggs, and 85 percent of these were collected from a single station. This station was located directly north of Shooter s Island (Elizabeth Flats). Besides this concentrated area, other areas of Newark Bay were not consistently utilized as winter flounder spawning habitat. The average CPUE was less than 5 eggs per 1,000 cubic meters (Figure 2-3). As a result, it can be presumed that UB/LB areas serve as the primary spawning grounds, while the AK/NB area supports a small fraction of the spawning population present in the latter areas. From 2002 to 2011, winter flounder larvae densities were also assessed, and densities were lowest in the AK/NB area where yolk-sac and post-yolk-sac larval collections averaged 10 percent and 14 percent of the total catch for these life stages from all areas (USACE 2013). In general, larvae were more widely distributed in the AK/NB area than eggs; however, overall larvae densities were low compared to densities in the UB/LB areas. The average CPUE of yolk-sac and post-yolk-sac larvae was less than 50 per 1,000 cubic meter (264,000 gallons) within the AK/NB complex (Figure 2-4). Overall, densities of juvenile and adult winter flounder were significantly greater at channel stations throughout the Harbor than at non-channel locations (USACE, 2012). At the time of sampling, dissolved oxygen concentrations and salinities were well within the physical tolerances of the species and therefore were not associated with any clear distribution patterns (USACE, 2012). Over the course of the HDP study, the most abundant size class collected were Year-1 juveniles. The majority of the Year-1 winter flounder were collected at channel stations between January and March within the AK/NB area, while adults were nearly absent during this time period (Figure 2-5). It was noted that densities of Year-1 juveniles were significantly higher in the AK/NB area than in the UB and LB areas, suggesting that the AK/NB complex serves as a potential nursery area for this species. The AK/NB area does not appear to be used extensively as spawning habitat (USACE, 2013). The USACE (2012) study conducted for juveniles and adults found that this area may function primarily as nursery habitat due to the high abundances of YOY and Year-1 juveniles present. The proximity of the Project area to the AK/NB sample area suggests that OU 2 may not be as significant of a winter flounder spawning area, though data remain sparse within the Project area. Windward (2010) collected three winter flounder via gill net surveys in September 2009 in OU 2. Two sub-adult (one female and one sex indeterminate) were collected from RM 0 to RM 2 and a third sub-adult female was collected from RM 2 to RM 4. As part of the HDP, data on egg and larvae development of this species were also analyzed and showed that egg hatching and larvae development were strongly influenced by water temperature. Colder winter temperatures were strongly correlated to delayed hatching and larvae development (Wilber et al., 2013). Previous studies within the Harbor, as well as in other northeastern U.S. estuaries, indicate that habitat utilization by juvenile and adult winter flounder may not be consistent across habitat types and may be highly variable among systems and from year to year (USACE, 2012). This observation is consistent with the characterization of winter flounder as generalists in terms of habitat selection and food preferences. The 2002 to 2010 Aquatic Biological Survey (ABS) trawl survey (USACE, 2015) results are consistent with these previous studies in that juvenile and adult winter flounder occurred throughout the Harbor, showing no indication of avoiding a particular area. The ABS trawl survey data also confirmed previous studies in showing that juvenile and adult winter flounder are relatively common in channels and that juveniles spend 2-9

20 their first year in their natal estuary (Able and Fahay, 2010). Site-specific results include the relatively high densities of Year-1 juveniles and low densities of adults in the Arthur Kill area, indicating this area is used for early grow out and is not of high value as spawning habitat, especially when taken in conjunction with the findings from USACE (2013) that showed very few eggs and larvae collected in this area. Other studies performed for the remedial investigation of the LPR will be reviewed for potential occurrence of this species or other trust resource species. Anadromous finfish surveys within OU 2 are limited to desktop studies and the ABS data collection effort. NJDEP (2005) identified the LPR as supporting a shad and herring run. American shad were identified as occurring in the lower part of the river and not along the entire LPR reach. NJDEP (2005) based these observations on the information provided in a single historical study and not field confirmation. It is acknowledged that migratory finfish are found in the area of the LPR but quantification of migratory runs through the LPR is not widely available. USACE (2015) finfish surveys included a single sampling station (MNB-6) at the mouth of the LPR with NB. Review of trawl data from this sampling station revealed that target herring and shad species were captured during the period of April 4 th through May 1 st in the spring, and August 15 th through December 5 th in the fall. Peak fall occurrence for these species occurred in early November. These highly migratory species will move through OU 2 during migration and continue upstream to suitable spawning grounds in the freshwater reaches or the first migratory impediment. Currently, a window of March 1 st through June 30 th is given as the closed window for dredging/capping to allow for anadromous fish passage. The potential overlap of the no dredging windows for winter flounder and anadromous finfish passage would result in a potential 6 month no dredging period. 2-10

21 3 TECHNICAL SCOPE OF WORK 3.1 TASK 1 PROJECT PLANNING After approval of the FSWP, GSH will inventory data available on benthic substrate, bathymetry, water temperature and salinity regimes, on-going or existing fisheries data sources, and pertinent reports for preparation of the EFH assessment and habitat assessments. Updated data on benthic substrate characteristics, bathymetry and water quality, as well as other data to be collected as part of the PDI, will be used to assist in the preparation of the winter flounder habitat evaluation. Hydrographic and utility clearance surveys conducted in the river as part of the PDI studies will be used to characterize habitats or areas of preferred habitat or passage. 3.2 TASK 2 AGENCY CONSULTATION AND COORDINATION An initial meeting was held on April 21, 2017 in the EPA offices in Edison, New Jersey between NOAA, NJDEP Fish and Wildlife (NJDEP F/W), USACE-NYD, and supporting contractors. Following receipt of comments on the FSWP, a conference call on August 11, 2017 between EPA, NOAA, NJDEP Freshwater Fisheries and Marine Resources, GSH, and Tetra Tech was held to discuss the draft FSWP and existing scope of work and fish restriction windows. The outcome of this discussion identified limited flexibility in modification of the anadromous finfish window given the variation in environmental variables affecting fish migration. As such, data collection activities, in an attempt to reduce the restriction window, would be of an extent that would only allow for a minimal reduction given the variability in the environmental influences affecting finfish migration. EFH consultation will continue with the partner agencies to allow for the assessment of potential impacts of the remedy on marine fisheries. GSH will continue to coordinate with resource agencies to obtain pertinent sources of historical fisheries information and studies. This will include coordination with NMFS and NJDEP F/W for review and input on the EFH assessment. 3.3 TECHNICAL APPROACH TO ESSENTIAL FISH HABITAT ASSESSMENT AND FISH STUDIES Essential Fish Habitat Assessment An EFH Assessment within OU 2 will be prepared to assess the potential impacts of the proposed remedial action for fish species mapped by NOAA as occurring in the greater Newark Bay area and potentially in OU 2 (Tables 2-2 and 2-3). The life history of each identified species will be reviewed to evaluate patterns in reproduction, migration, and essential habitat requirements relative to the environmental characteristics present in the OU 2 study area. The EFH assessment will be prepared consistent with EFH guidance and requirements (NMFS, 2004). Each species identified to have potential occurrence will be evaluated for potential impacts from implementation of the remedy. If certain habitat requirements for a species are not met, it can be assumed that the likelihood that significant impact to a species within the Project area would be minimal in effect. Similarly, reproductive patterns would reveal whether OU 2 would provide suitable habitat for spawning and/or serve as potential nursery areas for individual species. A review of life history characteristics will also reveal whether a species will at some point have the potential to be impacted by remedy implementation in OU 2. Species that may not reside in OU 2 at all times during 3-1

22 the year may occur when migrating during passage up the river to reproduce in freshwater habitats. However, just because a species has the potential to migrate into OU 2 does not necessarily mean that there is suitable habitat in which to spawn within OU 2. An assessment of the spawning habitat requirements of individual species and life stages will be evaluated to determine potential occurrence within the Project area. Potential impacts of dredging on each life stage by species will be evaluated. Currently, dredging avoidance windows for in-water construction activities for winter flounder and anadromous finfish may potentially impact the dredging season in OU 2. An unmaintained navigation channel exists within the reach of OU 2. This channel was last maintained in 1983 from RM 0 to RM 1.9 where water depths were maintained to 30 feet (9 meters) at MLW. Channel maintenance above RM 1.9 occurred periodically during the period of 1930 to Depths were maintained during this period at 16 feet MLW from RM 2.6 to RM 7.1 and 10 feet MLW from RM 7.1 to RM 8.3. These depths were based on NOAA navigation charts and historical records and likely have had significant deposition since the reported depths were last dredged. Studies also showed that migratory finfish use the channels as important migratory routes (USACE, 2015) Winter Flounder Habitat Assessment General habitat characteristics for winter flounder are summarized in Table 3-1. A review of existing historical data for the parameters listed in Table 3-1 will be conducted using available data for the river compiled from existing data bases, historic reports and the available primary and secondary scientific literature. Table 3-1. Life Stage Winter Flounder Habitat Characteristics Water Temperature ( o C) Salinity (ppt) Water Depth (meters) Seasonal Occurrence/Peak Abundance Benthic Substrate Characteristics Eggs < <5 February-June Bottom habitats of sand, mud, or gravel Larvae < <6 March-July Pelagic and bottom waters Juveniles < * Bottom habitats of mud or finegrained sand Adults < * Bottom habitats of mud or finegrained sand Spawning Adults < <6 Feb-June Bottom habitats of mud or finegrained sand Notes: NOAA (1999) EFH Source Document: Winter Flounder, Pseudopleuronectes americanus, Life History and Habitat Characteristics. U.S. Department of Commerce, NOAA, National Marine Fisheries Service Northeast Region, Woods Hole, Massachusetts. September USACE, Application of Winter Flounder Early Life History Data to Seasonal Dredging Constraints and Essential Fish Habitat Designations. USACE New York District, NY, NY. Final, November *Source Document does not specify seasonal occurrence/peak abundance for juveniles and adults. While the description of the water temperatures, salinities, and water depth are well defined for this species, the benthic substrate characteristics are classified across very broad substrate types (Table 3-1). Review of the habitat characteristics for substrates in the lower bay of the NY/NJ harbor complex revealed that nonchannel habitats averaging 96.5 percent sand, 2.3 percent silt/clay, and 0.2 percent total organic carbon 3-2

23 were favored for early life stage eggs (Wilber et al., 2013). No early stage eggs were collected from substrates that averaged 50 percent sand, 42 percent silt/clay, and 2.1 percent total organic carbon (Wilber et al., 2013). The NB complex consistently showed the lowest percent occurrence of early stage eggs with sampling percentages accounting for 0 percent to 3 percent per event. These are general characteristics to be considered in the EFH evaluation for this species within the LPR/NB complex area. However, benthic substrates have been shown to be diverse and dependent on existing habitat present. A review of available historical data on benthic substrates, bathymetry, temperature and salinity will be performed using a geographic information system (GIS) approach to overlay existing data layers for the OU 2 area to predict potential habitat for winter flounder. These data will be updated as available information from the bathymetry survey is acquired. Updated habitat characteristic data collected during the PDI bathymetry, sediment coring, and associated sediment and water quality studies will be used to supplement the assessment of winter flounder habitat in the LPR. Areas of overlapping physical habitat, water quality, and bathymetry will be tentatively delineated as potential winter flounder habitat. The demersal, adhesive characteristics of winter flounder eggs, and close association of larvae to benthic substrates, results in a significant exposure to sediment-based contaminants. A literature review and summary of the available scientific and regulatory literature will be performed to characterize the potential impacts of sediment contaminants on winter flounder eggs and larvae. This review will be used to further characterize the impact of legacy contamination on potential winter flounder habitat quality present. 3.4 MIGRATORY ANADROMOUS FINFISH ASSESSMENT A dredging avoidance window of March 1 st through June 30 th is in place for the LPR to minimize impacts to migrating anadromous finfish inclusive of river herring, American shad and striped bass. Based on discussions with NOAA and NJDEP, this window would also apply to other in water work including cap placement. These are pelagic species which migrate upstream to spawn in freshwater sections of coastal rivers. Historically, river herring, striped bass and to a lesser degree American shad have been documented at the LPR and NB confluence but quantification of these runs in the river during migration remains poorly understood. The anadromous finfish assessment will include a historical data review of anadromous finfish presence and spawning migration data in OU Historical Data Review and Summary of Finfish Abundance Data A review of historical data for the presence or occurrence of river herring, American shad, striped bass, and other anadromous species with associated EFH will be performed. This review will include the identification of studies and existing data on the occurrence and distribution of these species performed in support of the remedial investigation and other studies focused in the LPR. This information on their presence and historical occurrence and distribution will be summarized in support of the EFH assessment and to better establish timing of their presence and passage within the OU 2 study area. 3-3

24 4 QUALITY CONTROL This section describes the basic quality control (QC) procedures and activities to be implemented during the implementation of the proposed fish studies. The purpose of establishing QC procedures is to ensure that the data collected will be of the type, quantity, and quality required to meet the Project objectives. Habitat data to be used in the EFH will be collectively incorporated from multiple field investigation programs (i.e., bathymetric survey, sediment coring, debris field surveys, and water quality data collected as part of the identified plans) all under technical QC requirements detailed in their own work plans. To ensure efficiency and coordination with Project objectives, reliability of data collected, safety, and uniform recording and reporting formats, in addition to this FSWP, investigation activities will be conducted using EPA-approved, Project-specific plans, including the Project Management Plan (Tetra Tech, 2017a), RDWP (Tetra Tech, 2017b), UFP-QAPP (Tetra Tech, 2017c), and Health and Safety Plan (Tetra Tech, 2017d). Measures that will be taken to ensure reliable data will include the following: Personnel Qualifications Personnel knowledgeable in the preparation of EFH assessments will research and summarize available data for preparation of the EFH assessment. Data Collection and Management As outlined in Worksheets #26 and #27 (Tetra Tech, 2017c), to improve data access/usability and data ownership/transferability, GSH has contracted with GHD to serve as the Data Management and Laboratory Program Contractor for the Project. GHD will consolidate Project data into a centralized database and provide options for the Project team to access data, including tables, figures, graphs, electronic deliverables, and e:dat TM (an integrated GIS data access tool/query engine). Data Review and Verification All data for the Project will be compiled and summarized with an independent verification at each step in the process to prevent transcription/typographical errors. Information collected in the field by other PDI studies through visual observation, manual measurement, and/or field instrumentation will be recorded in field notebooks, on data sheets, and/or via mobile computer tablets, and then forwarded to GHD for entry into the Project database. 4-1

25 5 EFH ASSESSMENT, WINTER FLOUNDER HABITAT REPORT, AND ANADROMOUS FISH REPORT The following reports will be prepared based on the desktop studies and field survey data collected. These reports will be based on review of historical reports, data on fish occurrence and abundance from existing databases and studies, review of life history characteristic data and acquired data from the proposed field surveys. 5.1 EFH Assessment and Winter Flounder Habitat Evaluation Following review of life history data for the species listed in Table 2-2, an EFH assessment documenting life histories, habitat requirements, and OU 2 suitability by species will be prepared. The EFH assessment will review life histories relative to the OU 2 estuarine habitat and assess the potential for impact to individual species from the implementation of the OU 2 remedy. The EFH assessment will identify those species with life histories and life stages potentially susceptible to project related remedy implementations and operations. 5.2 Anadromous Finfish Summary Report Abundance and temporal trends in anadromous finfish will be based on review of available historical studies and existing data to document temporal occurrence and distribution within the LPR project area. The historical data on water quality and available data on anadromous finfish abundance will be summarized by fisheries biologists and will be organized into tabular and graphical summaries, as appropriate as part of the migratory finfish characterization summary for the EFH assessment. 5-1

26 6 SCHEDULE AND DELIVERABLES Table 6-1 presents the tentative schedule for preparation of FSWP reports. Data on anadromous finfish passage through the study area are limited to data from NB and incidental catches during historical surveys for fish tissue collection for the OU 2 Remedial Investigation. Other studies inclusive of USACE (2013a) and USACE (2015a) will be reviewed for data pertinent to fish distributions in OU 2. The NMFS identified winter flounder eggs and larvae as the most sensitive life stage directly impacted by potential dredging activities for this species. Based upon historical data from the AK/NB sampling conducted during the HDP, NB sampling stations were consistently found to support very low numbers of winter flounder eggs, indicating that it did not represent a major spawning area for winter flounder. Based on discussions with NOAA/NJDEP and other stakeholders, a review of the OU 2 area characteristics to support winter flounder habitat will be conducted and the findings presented in a habitat assessment report. A literature review will be performed to identify pertinent studies related to contaminant effects on winter flounder life stages, specifically eggs and larvae. These studies will be used to assess exposure of winter flounder life stages in identified habitat areas to assess the significance of this contamination on affecting habitat value for use by winter flounder. Table 6-1. Tentative Schedule for Deliverables Activity Anadromous Migratory Finfish Summary Winter Flounder Habitat Assessment Essential Fish Habitat Assessment Document Data Analysis Report Preparation Data Report and Summary of Historic Occurrence and Distribution Data (Fall 2018) Summary of Updated Bathymetric/Water Quality/ Geophysical Characteristics for Habitat Assessment (Fall 2018) Preparation of EFH Assessment Document (Spring 2019) The EFH assessment will be prepared evaluating life history information for the identified species and the potential associated impacts from implementation of the remedy. The EFH assessment will document any data gaps or uncertainties in the assessment of the remedy impacts or the presence or absence of available habitat for each species. Included in this report will be the winter flounder habitat assessment evaluation and anadromous finfish summary report. 6-1

27 7 REFERENCES Able, K.W., and M.P. Fahay Ecology of Estuarine Fishes: Temperate Waters of the Western North Atlantic. Johns Hopkins University Press, Baltimore, MD. 566 pp. Acolas, M.L., and P. Lambert Chapter 5 Life Histories of Anadromous Fishes In. An Introduction to Fish Migration. Morais, P. and F. Daverat Editors. CRC Press. ISBN: Chiarella, L.A Environmental Windows for the Harbor Deepening Project. Letter correspondence from L.A. Chiarella, Assistant Regional Administrator, Habitat Conservation Division, NMFS to Peter Weppler, Chief of Environmental Analysis Branch, NY District U.S. Army Corps of Engineers. February 7, EPA. 2014a. Remedial Investigation Report for the Focused Feasibility Study. Prepared by The Louis Berger Group in conjunction with Battelle HDR HydroQual EPA. 2014b. Focused Feasibility Study Report for the Lower Eight Miles of the Lower Passaic River. Prepared by The Louis Berger Group, Inc. in conjunction with Battelle HDR HydroQual EPA. 2016a. Record of Decision for Lower 8.3 Miles of the Lower Passaic River Part of the Diamond Alkali Superfund Site Essex and Hudson Counties, New Jersey. EPA Region 2. March 3, EPA. 2016b. Statement Of Work for Pre-Remedial Design And Remedial Design Lower 8.3 Miles Of Lower Passaic River Part Of The Diamond Alkali Superfund Site. Essex and Hudson Counties, State of New Jersey. EPA Region 2. September 26, HydroQual Inc Lower Passaic River Restoration Project: Final Modeling Work Plan September ( 13%20Final%20Modeling%20Workplan%20HQI.pdf) NJDEP Locations of Anadromous American Shad and River Herring During Their Spawning Period in New Jersey s Freshwaters Including Known Migratory Impediments and Fish Ladders. NJDEP Division of Fish and Wildlife, Bureau of Freshwater Fisheries. Sicklerville, NJ. March NOAA Essential Fish Habitat Source Document: Windowpane, Scophthalmus aquosus, Life History and Habitat Characteristics. NMFS-NE-137. US Department of Commerce, NOAA National Marine Fisheries Service, Woods Hole, MA. September NOAA. 1999a. Essential Fish Habitat Source Document: Winter Flounder, Pseudopleuronectes americanus, Life History and Habitat Characteristics. US Department of Commerce, NOAA, National Marine Fisheries Service, Northeast Region, Woods Hole, Massachusetts. September NOAA. 1999b. Essential Fish Habitat Source Document: Red Hake, Urophycis chuss, Life History and Habitat Characteristics. NMFS-NE-133. US Department of Commerce, NOAA National Marine Fisheries Service, Woods Hole, MA. September NMFS Essential Fish Habitat Consultation Guidance. Version 1.1 National Marine Fisheries Service, Office of Habitat Conservation, Silver Spring Maryland. April Pereira, J.J., R. Goldberg, J.J. Ziskowski, P.L. Berrien, W.W. Morse and D.L. Johnson Essential Fish Habitat Source Document: Winter Flounder, Pseudopleuronectes americanus, Life History and 7-1

28 Habitat Characteristics. Northeast Region Northeast Fisheries Science Center, Woods Hole, Massachusetts. September 1999 Tanski, J.J., H.J. Bokuniewicz, H.J. and C. Schlenk, Dredging Windows Workshop Summary. New York Sea Grant Report NYSGI-W Final Report 4/30/2014. Tetra Tech. 2017a. Project Management Plan, Remedial Design, Lower 8.3 Miles of the Lower Passaic River, Operable Unit Two of the Diamond Alkali Superfund Site, In and About Essex, Hudson, Bergen and Passaic Counties New Jersey. Parsippany, New Jersey. Revision 1, February Tetra Tech. 2017b. Remedial Design Work Plan, Remedial Design, Lower 8.3 Miles of the Lower Passaic River, Operable Unit Two of the Diamond Alkali Superfund Site, In and About Essex, Hudson, Bergen and Passaic Counties New Jersey. Parsippany, New Jersey. Revision 2, March Tetra Tech. 2017c. Uniform Federal Policy Quality Assurance Project Plan (UFP-QAPP) [Field Sampling Plan (FSP) and Quality Assurance Project Plan (QAPP)], Remedial Design, Lower 8.3 Miles of the Lower Passaic River, Operable Unit Two of the Diamond Alkali Superfund Site, In and About Essex, Hudson, Bergen and Passaic Counties New Jersey. Parsippany, New Jersey. Revision 0, April Tetra Tech. 2017d. Health and Safety Plan, Remedial Design, Lower 8.3 Miles of the Lower Passaic River, Operable Unit Two of the Diamond Alkali Superfund Site, In and About Essex, Hudson, Bergen and Passaic Counties New Jersey. Parsippany, New Jersey. Revision 0, April USACE New York and New Jersey Harbor Deepening Project: Application of Adult and Juvenile Winter Flounder Data to Habitat Uses in New York/New Jersey Harbor. Final Report November US Army Corps of Engineers, New York District. Planning Division, Estuary Section, NY, NY USACE New York and New Jersey Harbor Deepening Project: Application of Winter Flounder Early Life History Data to Seasonal Constraints and Essential Fish Habitat Designations. Final November US Army Corps of Engineers, New York District. Planning Division, Estuary Section, NY, NY USACE. 2013a. Final Essential Fish Habitat. Knowledge Gained During the Harbor Deepening Project. Parts I and II. US Army Corps of Engineers, NY District, NY, NY. September USACE New York and New Jersey Harbor Deepening Project: Migratory Finfish Survey Summary Report. Part I: Spatial and Temporal Trends in Abundance for Mid Water Species; Part II: River Herring. December 2015 ( ing/migratory%20finfish/final_migratory%20finfish%20summary%20report%20_07jan2016.p df). USACE. 2015a. New York and New Jersey Harbor Deepening Project: Demersal Fish Assemblages of New York/New Jersey Harbor and Near Shore Fish Communities of New York Bight. October Wheatland, S.B Pelagic fish eggs and larvae. In Oceanography of Long Island Sound, , p Bull. Bingham Oceanogr. Collect. Yale Univ. 15. Wilber, D.H., D. Davis, D.G. Clarke, C.J. Alcob, and J. Gallo Winter flounder (Pseudopleuronectes americanus) estuarine habitat use and the association between spring temperature and subsequent year class strength. Estuarine, Coastal and Shelf Science. 133:

29 Windward Fish and Decapod Field Report for the Late Summer/Early Fall 2009 Field Effort. Final. Prepared for the Cooperating Parties Group, Newark, New Jersey. September 14, Windward Fish Community Survey and Tissue Collection Data Report for the Lower Passaic River Study Area 2010 Field Efforts. Prepared for the Cooperating Parties Group, Newark, New Jersey. July 20,

30 FIGURES

31 Figure 1-1. OU 2 Location and Vicinity Map

32 Figure 2-1. Extent of EFH for All Life Stages of Window Pane and Winter Flounders and Juvenile and Adult Life Stages of Red Hake

33 Figure 2-2. Extent of EFH for Larvae, Juvenile, and Adult Life Stages of Summer Flounder