346 



BOSTON PUBLIC LIBRARY 



3 9999 05982 627 9 



UNITED STATES DEPARTMENT OF COMMERCE 

 National Oceanic and Atmospheric Administration 



NATIONAL MARINE FISHERIES SERVICE 



Norlhiiil Region 



Ofto Blaokburn Oftv* 

 OIousmUi, MA 01830 



MAR 23 1993 



Colonel Thomas A. York 

 Hew York District, Corps of Engineers 

 Jaaob. K. Javitz Federal Building 

 Kew York, N.Y. 10278-0090 



Dear Colonel Yorkt 



This is in reference to your letter dated March 5, 1993, 

 initiating Section 7 consultation concerning the dredging and 

 disposal activities proposed by the New ¥ork/New Jersey Port 

 Authority. Based on the information provided in your letter and 

 other relevant data regarding potential project impacts to 

 endangered species, we believe formal consultation is warranted. 

 As the project is currently proposed, there is a potential for 

 the disposal activities to directly and indirectly affect 

 endangered whales and sea turtles that could occur at the Mud 

 Dump Site. My staff is preparing a biological opinion that will 

 determine whether or not these activities, taken together with 

 cumulative effects, are likely to jeopardize the continued 

 existence of any listed species. To complete our evaluation of 

 the project, we require receipt of the information discussed 

 below. 



During initial discussions concerning this project, we understood 

 that the Corps planned to include a 6peoial condition in the 

 Department of the Army permit that required endangered species 

 observer coverage aboard the disposal barge. We need 

 verification that this condition is part of the proposed project. 

 Observer coverage would eliminate potential direot affects to 

 listed species from disposal activity. In addition, we did not 

 receive any sediment chemistry data aside from the most recent 

 test results of the bulk 6ediment analysis for the presence of 

 dioxin. It is necessary for ue to review all pertinent 

 information concerning contaminant levels in the sediments. My 

 staff will address indirect impacts of disposal activities on 

 listed species, including the potential for dioxin, or any other 

 contaminant found in the sediments, to bioaccumulate in the food 

 chain and affect endangered species. 



Please furnish additional materials to Nancy Haley of my staff as 

 soon as possible so that we may expedite completion of our 

 biological opinion. 



Sincerely, 



V^4^y 



&, 



Richard B. Roe 

 Regional Director 



