Signing of the consultation agreement for Essential Fish Habitat.

A Memorandum of Agreement was sent to resource agencies that will have cooperating or reviewing roles in the development of the NEPA document.

Sign the Memorandum of Agreement that identifies roles and responsibilities for the NEPA review of this project.

Comments received on the NEPA Scoping Package/Coordination Plan

Return to FHWA the invitation to coooperating agencies.

Return to FHWA the invitation to cooperating agencies.

Provide comments on the NEPA Scoping Package/Coordination Plan.

Cancelled explanation: FWS chose not to provide any comments on the NEPA Scoping Package/Coordination Plan.

Comments are due on the NEPA Scoping Package.

The NEPA Memorandum of Agreement details the roles and responsibilities of the cooperating agencies in the NEPA analysis of the proposed action. The Federal agencies signing the document who will be "cooperating agencies" on the development of the EIS and ROD are:

• The US Army Corps of Engineers

• The National Marine Fisheries Service

• The Environmental Protection Agency

• The US Coast Guard

Sign the Memorandum of Agreement that establishes roles and responsibilities for the NEPA review of the project.

Sign the Memorandum of Agreement outlining roles and responsibilities of agencies in the NEPA review of this project.

Return to FHWA the invitation to cooperating agencies.

Return to FHWA the invitation to cooperating agencies.

Comments received on the Scoping Package/Coordination Plan

Comments received on NEPA Scoping Package/Coordination Plan.

Return Invitation to be a cooperating agency to FHWA.

Comment period on the Preliminary Draft Environmental Impact Statement.

Comments received on Preliminary Draft Environmental Impact Statement

Distribution of Preliminary Draft Environmental Impact Statment to Cooperating Agencies for review and comment. This review and comment period is intended to identify any outstanding issues that can be addressed in the Draft Environmental Impact Statement to reduce the need to respond to agency comments later.

The Preliminary Draft Environmental Impact Statement was distributed in two parts. 19 Chapters were sent to agencies on 11/29/11. The remaining 4 chapters were distributed on 12/5/11.

Comment period on Preliminary Draft Environmental Impact Statement

Review and comment on the Preliminary Draft Environmental Impact Statement.

Comment period on Preliminary Draft Environmental Impact Statement.

Letter of participation received from the Advisory Council on Historic Preservation.

Comment period on draft assessments.

Engage in informal consultation regading the Essential Fish Habitat concurrence for the pile Installation demonstration project.

FHWA Headquarters will perform a concurrent review of the Draft Environmental Impact Statement before the NY Division Administrator signs the DEIS and distributes it for public comment.

FHWA Headquarters will perform a concurrent review of the Draft Environmental Impact Statement before the NY Division Administrator signs the DEIS and distributes it for public comment.

The Draft Environmental Impact Statement will be released for agency and public comment. This document will present the analysis on the reasonable alternatives considered and the associated impacts of those alternatives. This document will be available for public comment for 45 days. Comments received on this DEIS will further inform the development of the Final Environmental Impact Statement.

Comments on final assessments.

Comment period on Draft Environmental Impact Statement.

Originally, comment period was scheduled to end on 3/15/12 but due to the high volume of public comment this period was extended until 3/30/12.

Comment period on Draft Environmental Impact Statement.

Originally, comment period was scheduled to end on 3/15/12 but due to the high volume of public comment this period was extended until 3/30/12.

Comment period on Draft Environmental Impact Statement.

Originally, comment period was scheduled to end on 3/15/12 but due to the high volume of public comment this period was extended until 3/30/12.

Comment period on the Draft Environmental Impact Statement.

Originally, comment period was scheduled to end on 3/15/12 but due to the high volume of public comment this period was extended until 3/30/12.

Comment period on the Draft Environmental Impact Statement.

Originally, comment period was scheduled to end on 3/15/12 but due to the high volume of public comment this period was extended until 3/30/12.

Concurrent Review of Section 103 Determination.

Concurrent review of the ocean disposal acceptability determination.

Significant U.S. Fish and Wildlife Service trust resources are not deemed to be at risk within the project area, therefore, during initial interagency consultation, it was determined that a FWCA report would not be necessary.

Public Notice Publication for 45 day review and comment period for the Section 103 permit.

Comments to US Army Corps of Engineers.

Need Narrative Description

Completion of BO/EFH Conservation Measures

Section 106 of the National Historic Preservation Act mandates federal agencies undergo a review process for all federally-funded and permitted projects that will impact sites listed on, or eligible for listing on, the National Register of Historic Places. Specifically it requires the federal agency to "take into account" the effect a project may have on historic properties. It allows interested parties an opportunity to comment on the potential impact projects may have on significant archaeological or historic sites. The main purpose for the establishment of the Section 106 review process is to minimize potential harm and damage to historic properties.

Biological opinions document NMFS' opinion as to whether a Federal action is likely to jeopardize the continued existence of an ESA-listed species, or result in the destruction or adverse modification of species' critical habitat. NMFS is also required to issue a determination of affect to Magnuson Stevens Fishery Management Act protected species and habitat, in the form of Conservation Recommendations.

FHWA Headquarters will perform a concurrent review of the Final Environmental Impact Statement before the document is signed by the NY Division Administrator and distributed for public comment.

The Final Environmental Impact Statement (FEIS)will be signed and made available for public review for 30-days before issuance of the Record of Decision. The FEIS will incorporate comments received on the DEIS and will identify and describe the preferred alternative and the basis for that decision. The FEIS, will include discussions about the affected environment, the environmental consequences of the alternatives considered and the preferred alternative as well as a summary of the comments received and the coordination that was part of the development of the document.

Comment period on Final Environmental Impact Statement.

Public Notice period for U.S. Coast Guard Bridge Permit: July 9 - August 9th.

Concurrence with NMFS determination on ESA Section 7.

ACTION CANCELLED DUE TO DESIGN CHANGES THAT NEGATED NEED FOR OCEAN DISPOSAL OF MATERIAL

Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 specifies that all proposed operations involving the transportation and dumping of dredged material into ocean waters have to be evaluated to determine the potential environmental impact of such activities. The potential effects of ocean disposal of dredged material on marine organisms and human uses of the ocean may range from unmeasurable to important. These effects may differ at each disposal site, and have to be evaluated on a case-by-case basis. The regulations provide the requirements for such an evaluation, with an emphasis on the direct assessment of biological impact. EPA and the Corps review the results of sediment testing and make a joint determination on whether the dredged material meets the criteria for ocean disposal.

Transportation conformity ("conformity") is a way to ensure that Federal funding and approval goes to those transportation activities that are consistent with air quality goals. Conformity applies to transportation plans, transportation improvement programs (TIPs), and projects funded or approved by the Federal Highway Administration (FHWA) or the Federal Transit Administration (FTA) in areas that do not meet or previously have not met air quality standards for ozone, carbon monoxide, particulate matter, or nitrogen dioxide. These areas are known as "nonattainment areas" or "maintenance areas," respectively.z

Safe and efficient transportation systems strengthen communities, provide access to jobs, services, and centers of trade, enhancing US economic competitiveness in the global marketplace. The statewide transportation planning process is a forum through which transportation decisions are made to address these issues. States are required to conduct continuing, comprehensive and collaborative intermodal statewide transportation planning to facilitate the efficient, economic movement of people and goods throughout the state, including metropolitan areas. Statewide and metropolitan transportation planning processes are governed by Federal law (23 USC 134 and 135). Applicable state and local laws also apply. Federal planning regulations are codified in 23 CFR 450. The local consultation rule and the correction are available at the Office of Environment, Planning, and Realty's Legislation, Regulations, & Policy Web page.

Comment period for Final Environmental Impact Statement.

Provide NMFS opportunity to review and provide comments on the Section 103 ocean disposal permit in accordance with the Fish & Wildlife Coordination Act.

Comments on MBTA Compliance Determination.

Comment period for Final Environmental Impact Statement.

Coordination on Section 103 Ocean Disposal Permit in accordance with the Fish & Wildlife Coordination Act.

Comment Period on the Final Environmental Impact Statement.

Record of Decision on the proposed project.

Biological opinions document NMFS' opinion as to whether a Federal action is likely to jeopardize the continued existence of an ESA-listed species, or result in the destruction or adverse modification of species' critical habitat. NMFS is also required to issue a determination of affect to Magnuson Stevens Fishery Management Act protected species and habitat, in the form of Conservation Recommendations

Clean Water Act Section 404 regulates the discharge of dredged and fill material into waters of the United States, including wetlands. In general, to obtain a Section 404 permit, applicants must demonstrate that the discharge of dredged or fill material would not significantly degrade the nation's waters and there are no practicable alternatives less damaging to the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences. Applicants should also describe steps taken to minimize impacts to water bodies and wetlands and provide appropriate and practicable mitigation, such as restoring or creating wetlands, for any remaining, unavoidable impacts.

DELAY JUSTIFICATION: The State Water Quality permit decision, required for the CG Bridge Permit (33 USC 525), has not yet been completed, delaying further CG action on the Bridge Permit. Federal law prohibits the construction of any bridge across navigable waters of the United States unless first authorized by the Coast Guard. The Coast Guard approves the location and clearances of bridges through the issuance of bridge permits or permit amendments, under the authority of the General Bridge Act of 1946, Section 9 of the Rivers and Harbors Act of 1899, and other statutes. This permit is required for new construction, reconstruction or modification of a bridge or causeway over waters of the United States.