U. S.

D EPARTMENT OF T RANSPORTATION

F EDERAL A VIATION A DMINISTRATION 

# E VALUATION OF THE 

# N ORTH



# S HORE 

# M ARINE 

# T RANSFER 

# S TATION AND ITS 

# C OMPATIBILITY WITH 

# R ESPECT TO 

# B IRD 

# S TRIKES

AND 

# S AFE 

# A IR 

# O PERATIONS

AT 

# L A 

# G UARDIA 

# A IRPORT

(DRAFT) U. S. Department of Agric ulture

Animal and

Plant Health Inspection
Service

Wildlife Services

R EPORT FOR THE A SSOCIATE A DMINISTRATOR F OR A IRPORTS O FFICE OF A IRPORT S AFETY AND S TANDARDS
A IRPORT S AFETY & C ERTIFICATION D IVISION

W ASHINGTON
, DC

A PRIL 2010The U.S. Departments of Transportation and Agriculture prohibit discrimination in all

their programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital or family status (not all

pro hibited bases apply to all programs). Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact the appropriate agency.

The Federal Aviation Administration p roduced this report in cooperation with the U. S. Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services.1

T ABLE OF CONTENTS Page

EXECUTIVE SUMMARY 4

1. INTRODUCTION 6

2 . APPROACH 8

3. COMPONENTS OF THE NORTH SHORE MTS STUDY 9

3.1. Bird

- aircraft Collisions at LaGuardia Airport 9

3.2. Urban Wildlife and Bird Observations at the Proposed Site 1 1 3.3. Design Features of the Proposed North Shore MTS Facil ity 1 6 3.4. Operational Procedures of the Proposed North Shore MTS Facility 1 7 3.5. Examination of Currently Operating Trash

- transfer Facilities 18

3. 6 . Risk Assessments 2 1

3. 7 . Determination of Findings 2 2

4. RECOMMENDATIONS 2 3

5. SOURCES OF INFORMATION 2 5

6. APPENDIX A 2 7

7. APPENDIX B 282

LIST OF FIGURES

Figure Page

3

- 1 Summary of b ird strikes at L aGuardia Airport during 2004

– 2008 when the bird(s) involved was identified

. 1 1

3

- 2 Site location for the proposed North Shore MTS near College Point, Queens, New York. The proposed site is approximately 2,200 feet from LaGuardia Airport. 1 2

3

- 3 Birds observed during a long

- term m onitoring program to assess
wildlife hazards at L aGuardia Airport during 2004

– 2009

. 1 3

3

- 4 House sparrows (top photo) and pigeons (bottom photo) are often a pest

at trash

- transfer stations and other facilities where solid waste is received and processed

. 1 4

3

- 5 A European starling. Introduced into Central Park in New York City

the late 1800s, this bird has spread across North America . T oday the starling population in the United States exceeds 100 million bird s

. 1 4

3

- 6 Two adult herring gulls. Herring gulls (and other gull species) use waste management facilities, such as trash

- transfer stations and landfills, as a place to find food

. 1 5

3

- 7 Cross

- sectional schematic of the proposed No rth Shore MTS. 1 7

3

- 8 Standardized bird surveys were conducted at the Staten Island Transfer Station,

a truck

- to

- rail transfer station facility located in Staten Island, New York. The building design and operational procedures of this facilit y are similar to those of the proposed North Shore MTS. 19

3

- 9 Assessment of the risk to aviation safety for aircraft using LaGuardia Airport under three alternatives related to the proposed North

Shore MTS

. 2 23

L IST OF TABLES

Tabl e Page

3

- 1 Study activities and date of achievement for the North Shore MTS joint study conducted by FAA and USDA in accordance with a pre

- determined schedule

. 9

3

- 2 Top

- 20 ranked FAA Part

- 139 certificated airpo rts (out of a total of 64 airports) within the FAA Eastern Region regarding reported gull

- aircraft collisions (includes several gull species) per 100,000 aircraft movements during 2004

– 2008

. 1 0

3

- 3 Average number of birds (of selected species) observed per hour of survey time within 0.25

- mile of the proposed North Shore MTS site located near College Point in Queens, New York during standardized

bird surveys conducted in February and Mar ch of 2010

. 1 5

3

- 4 Average number of birds (of selected species) observed per hour of survey time within 0.25

- mile of the Staten Island Transfer Station located in Staten Island, New York and the average number of birds per hour of survey time using the transfer station during 6 standardized bird surveys conducted in February and

March of 2010. 2 04

E XECUTIVE SUMMARY

In 2006, the City of New York Department of Sanitation (DSNY) developed and issued a Comprehen sive Solid Waste Management Plan (SWMP) to address the long

- term exportation and disposal of municipal solid waste from metropolitan New York City.

F our closed Marine Transfer Station s (MTS) previously operated by DSNY have been proposed for refurbishment

. One of the four proposed facilities , t he North Shore MTS

, would be located in the College Point section of Queens, NY , 2,206 feet from the landing

threshold of Runway 13 / 31 at LaGuardia Airport (LGA).

In January of 2007, t he New York State Departme nt of Environmental Conservation received the Final Part 360 Permit Application for the North Shore MTS for review and public comment. The Federal Aviation Administration (FAA) issued a determination of „No Hazard to Air Navigation‟ u nder the Code of Fede ral Regulations Part 77

. Further FAA guidance contained within Advisory Circular 150/5200

- 33B, „Hazardous Wildlife Attractants on or near Airports‟ states that certain waste

- handling facilities designed and operated under specific conditions generally are compatible with safe airport operations, provided they are not located on airport property or within the Runway Protection Zone (RPZ). Although t he proposed site for the facility is not in the RPZ for LaGuardia Airport , Congressional and public scrutiny resulted in additional investigation.

A joint study conducted by the FAA and U nited States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services (U SDA )

, with guidance from a technical panel of experts, reviewed curren t and historical wildlife data and

surveys, the bird s trike history at LaGuardia Airport

, and the proposed building design plans, specifications, and operational parameters

. This study considered currently operating and similarly designed trash

- transfer s tations located in other boroughs of New York City and c onduct ed r isk assessment s on a range of alternatives, from „no facility‟ to „a fully operational facility with mitigation measures in place

. ‟

Previous research has demonstrated that g ulls, European s tarlings, and pigeons are bird species frequently attracted to trash

- transfer facilities. A review of available information,

such as the history of bird

- aircraft collisions (bird strikes) at LGA and findings from a wildlife hazards monitoring program at t he airport, clearly demonstrates that gulls are a documented strike hazard at LGA and that gulls are frequently observed in the coastal

urban environment where the proposed MTS has been sited.

The proposed MTS would be a three level, over water facility explicitly designed for the

indoor transfer of solid waste from collection vehicles into sealed leak

- proof containers.

Each container w ould be sealed and cleaned within the transfer station building and then

loaded on to barges for transfer to the final d isposal site. No solid waste w ould be stored

or processed outside of the fully enclosed MTS building.

Historical and current observations clearly demonstrate that gulls and other birds frequently occur within the vicinity of the proposed North Shore MT S site and in the general area near LaGuardia Airport. Standardized bird surveys conducted at the Staten5

Island Transfer Stations ( a facility with a similar building design and operational procedure s for the proposed North Shore MTS) indicated that althou gh gulls were abundant in the general area, those birds were not attracted to transfer station and the waste management activities occurring inside the building

.

R eduction of hazards to aviation safety posed by birds that might be attracted to the

propose d North Shore MTS can be accomplished through t he incorporation of building design modifications, adherence to strict operational procedures , and the development and implementation of an integrated w ildlife hazard management plan and program. The FAA, USD A, and members of the technical panel of experts conclude that the recommendations provided will achieve compatibility between the North Shore M TS and LaGuardia Airport with respect to bird strikes and safe air operations. The following recommendations pr ovide a framework for proactive monitoring and mitigation of

wildlife hazards to aviation at the proposed North Shore MTS :

Planning and Construction Phases :

• Develop an integrated wildlife hazards management plan for the MTS facility

.

• Eliminate l edges and other perching sites in the building design to the greatest extent possible. As an example, signage on the building should not use raised letters as this provides perching and nest ing sites for European starlings and house sparrows.

• Insta ll anti

- perching devices on the transfer station roof, pilings, and other surfaces

where birds m ight perch.

• Strict enforcement of a “no feeding wildlife or feral animals ” policy

.

• Ensure landscaping plants and materials are selected to be non

- attr active to wildlife (such as minimizing grassy areas which m ight attract Canada geese)

.

Fully Operational Transfer Station:

• Implement an integrated wildlife hazards management program for the MTS facility

.

• Provide a d edicated (i.e., only duties) wildlife control professional who is trained and equipped to mitigate bird use of the transfer station as issues develop (i.e., proactive approach).

• Strict enforcement of a “no feeding wildlife or feral animals ” policy

.

• Monitor trash containers to ensure no trash is extruding from them prior to leaving the transfer station building

.

• Monitor barge activity for birds that might be attracted to them (due to water disturbance and/or the refuse containers) and mitigate accordingly

.6

1. INTRO DUCTION

Trash

- transfer stations are a relatively new component of solid waste management systems. A transfer station is a facilit y where solid waste (i.e., household garbage, commercial refuse, construction and building debris) is received, processed, an d subsequently transferred to another solid waste management facility for further treatment, processing, or final disposal. Similar to other solid waste management facilities, such as landfills, certain species of birds can be attracted to trash

- transfer stations. If such facilities are located near airports, the potential for collisions between birds and aircraft (bird strikes) could increase and thus negatively impact safe aircraft operations. Recently, a scientific study administered through the Natio nal Wildlife Research Center of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services (WS) program (hereafter the WS research and operations groups will be referred to as USDA) evaluated the attractivene ss of trash

- transfer stations to wildlife, in particular species of birds that have been documented to be a hazard to aviation. Findings from this study indicate the design and operation of trash

- transfer facilities, in addition to other factors, can infl uence whether or not birds are attracted to a

trash

- transfer station. Thus, if the facility is located near an airport, these factors can be related to the overall compatibility of a transfer station to safe aircraft operations.

In 2006, the City of New York Department of Sanitation (DSNY) developed and issued a Comprehensive Solid Waste Management Plan (SWMP) to address the long

- term exportation and disposal of municipal solid waste (i.e., residential and commercial waste) from metropolitan New York City . The refurbishment of four former (closed) Marine Transfer Station (MTS) facilities previously operated by DSNY into new MTS facilities is an integral part of the SWMP. Municipal solid waste (i.e., household garbage) would be transported to the MTS faci lities by curbside garbage trucks, processed and containerized within each facility, and transported by barge from each MTS to intermodal facilities or waste disposal sites (e.g., landfills) outside of the New York City area.

Regulations regarding solid waste management facilities, specifically section 6 of the New York Codes, Rules and Regulations Part 360 , are the authority by which the State of New York sets design standards and operational criteria for all solid waste management facilities within th e state. In January of 2007, t he New York State Department of Environmental Conservation received the Final Part 360 Permit Application for one of the four proposed MTS (the North Shore MTS) for review and public comment.

On November 10, 2004, the Fede ral Aviation Administration (FAA) received a proposal from the DSNY to construct the North Shore MTS [building height of 110 feet Above Mean Sea Level (AMSL)] at a site located 2,206 feet from the landing threshold of Runway 13/ 31 at LaGuardia Airport (LG A)

. In response, an aeronautical study was completed and no internal objections were received. The proposed MTS building was identified as an obstruction under the Code of Federal Regulations Part 77 and was released for public comment in April of 2005. A determination of „No Hazard to Air Navigation‟ was issued by the FAA on September 18, 2006. Following concerns7

expressed by the Port Authority of New York and New Jersey, the NYSD submitted a revised proposal (with a modified building height of 100 fee t AMSL) to the FAA in

March of 2007. The FAA conducted a second aeronautical study and consequently determined that the proposed structure (the North Shore MTS building) would have no

substantial adverse effect on the safe and efficient use of the navigab le airspace by aircraft or on the operation of air navigation facilities (Decision issued on September 19, 2008).

FAA guidance contained within Advisory Circular 150/5200

- 33B, „Hazardous Wildlife Attractants on or near Airports‟ states that enclosed waste

- handling facilities that receive garbage behind closed doors; process it via compaction, incineration, or similar manner; and remove all residue by enclosed vehicles generally are compatible with safe airport operations, provided they are not located on a irport property or within a Runway Protection Zone (RPZ). The proposed site for the facility is not in the RPZ for LaGuardia Airport.

In general, public interest and overall awareness of collisions between wildlife and aircraft increased substantially in recent years, most notably following U.S. Airways flight 1549 “Miracle on the Hudson” event on January 15, 2009. Public concern about the potential safety hazards that wildlife populations and habitat features that attract

wildlife to areas on or near ai rports also increased. The proposed location for the North Shore MTS is within the current flight path corridor for LaGuardia Airport. The public, as well as local, state, and federal government agencies have expressed concern that waste management acti vities occurring at a trash

- transfer station located less than

0.5 m ile s from LaGuardia Airport could serve to attract birds that are known hazards to aviation, thereby negatively impacting safe flight operations at LaGuardia Airport.

Notable discourse regarding this issue, evident in local and national media stories, occurred throughout 2009. Congressional interest from the New York delegation resulted in several questions regarding FAA policies and previous examinations of the topic by

the FAA and ot her government agencies. During the autumn of 2009, the Secretary of the United States Department of Transportation held a series of meetings with the New York Congressional delegation, the City of New York, FAA, and USDA personnel. In the interest of pu blic safety, it was determined that the FAA and USDA should engage in a joint study to re

- examine the topic. The FAA and USDA currently cooperate in the conduct of research on various topics related to wildlife hazards to aviation. Research findings are used by the FAA develop and promulgate safety regulations related to wildlife at airports, thus ensuring safe aircraft operating environments at the Nation‟s airports. For this particular study, the two federal agencies decided to request the

assistance o f a “blue ribbon” technical panel of experts recognized as knowledgeable about wildlife hazards at airports (Appendix A) . This technical panel was charged with providing guidance and advice to the agencies as the process moved forward. A key effort by th e agencies was to produce a study report in which all available information concerning the issue would be examined. The purpose of this report is to provide an

answer as to whether the North Shore MTS proposed by DSNY is compatible with safe airport opera tions at LaGuardia Airport.8

2. APPROACH

The approach u sed in this effort is not unique. Typically, examinations of wildlife hazard issues related to aviation safety involve a series of quantitative and qualitative approaches that are commonly used by wildlife management professionals. Following an established study schedule (Table 3

- 1), the FAA and USDA team decided to review plans regarding the design and operation of the proposed North Shore MTS in detail while considering the ecology of birds that are commonly found in the highly urbanized coastal area where the proposed MTS site and LaGuardia Airport are located. The objective of this effort wa s to determine the compatibility of the proposed MTS with safe airport operations at LaGuardia Airport w ith respect to bird strikes. Specifically, the FAA and USDA team, with the guidance of the technical panel, decided to:

1) Review wildlife data, including wildlife strike history, surveys, previous wildlife hazard assessments, and other related studies that pertain to LaGuardia Airport. Recognizing that applicable FAA guidance was updated in 2004 (i.e., Title 14 Code of Federal Regulations Part 139

– Certification of Airports) the team decided that information collected prior to 2004 would not be considered

.

2) Conduct a detailed review of the proposed building design plans, specifications, and operational parameters of the proposed North Shore MTS, including transport trucks, barges, trash types and volume, and nature of general operation.

3) C onduct a physica l assessment of the proposed facility location. This included a series of direct observations (i.e., surveys) to quantify the presence and abundance

of wildlife at the proposed North Shore MTS location.

4) Examine currently operating trash

- transfer statio ns of similar design located in other boroughs of New York City (more specifically, in the Bronx and Staten Island) to better understand the processes employed in solid waste transfer and to observe firsthand how these facilities and/or processes might att ract birds.

5) Conduct risk assessments on a range of alternatives, from „no facility‟ to „a fully operational facility with mitigation measures in place

. ‟

Based on the team‟s examination of the available data the FAA and USDA will issue

a „determination of finding s ‟ related to (1) whether the trash transfer facility is

in compatible with safe airport operations at LaGuardia Airport with respect to bird strikes, (2) whether the MTS and its operation (as proposed in the Part 360 Permit) is adequate, or (3) whether the proposed facility can safely coexist if further mitigation measures are applied.9

Table 3

- 1. Study activities and date of achievement for the North Shore MTS joint study conducted by FAA and USDA in accordance with a

pre

- determined schedule

.

Item Date of Achievement Project Initiation and Task Assignment to USDA November 30, 2009

First Technical Panel Meeting December 7, 2009

Finalize Detailed Project Plan December 9, 2009

Mid Project Progress Briefing February 8, 2010

Initial Draft Report March 19, 2010

Technical Panel Draft Report Review March 26, 2010

Report Released for Public Comment April 23 , 2010

Completion of Public Comment Period May 24 , 2010

Public Comment Review Meeting May 28 , 2010

Delivery of Final Report June 3, 20 10

Final Report Published by the FAA June 18

– August 13, 2010

3. COMPONENTS OF THE NORTH SHORE MTS STUDY

3.1. Bird

- aircraft Collisions at LaGuardia Airport

Civil and military aviation communities have long recognized that the threat to human

hea lth and safety from aircraft collisions with birds and other wildlife (wildlife strikes) is

real and increasing. Worldwide, wildlife strikes have resulted in more than 229 human

fatalities and the destr uction of over 2 2 0 aircraft since 1988

. Information regarding

wildlife strikes to civil aviation within the United States is contained in the FAA National

Wildlife Strike Database

.

Recent e vents have amplified public awareness of wildlife strikes to aircraft. The dramatic "forced landing" of US Airways Flight 1549 in the Hudson River after Canada geese were ingested by both engines on 15 January 2009 dramatically demonstrated to

the public that wildlife strikes are a serious aviation safety issue.

LaGuardia Airport is managed by The Port Authority of N ew York and New Jersey and is located on the northeastern end of Long Island, in Flushing, New York. LaGuardia Airport is one of 64 Part 139 certificated airports regulated by the FAA Eastern Region.

It is bordered on the north, east, and south by Flushi ng Bay (part of Long Island Sound) and on the west by highly urbanized (i.e., residential and commercial properties), densely populated areas of northern Queens County. Similar to other airports located adjacent to large bodies of water , large populations of various species of birds that live in or near10

aquatic environments (such as gulls and waterfowl) can be found near LaGuardia Airport. Due to the presence and behavioral patterns (e.g., flocking, soaring) of these birds, the

risk of bird strikes is a c oncern at LaGuardia Airport as well as other airports located on

waterways. D ata from the FAA National Wildlife Strike Database clearly show that bird strikes frequently occur and thus represent an important issue. One means of understanding and quantify ing bird strikes at airports is to determine the number of reported bird strikes per 100,000 aircraft movements. Of the 64 Part 139 certificated airports in the FAA ‟s Eastern Region

, LaGuardia Airport rank ed 9 th when the number of

wildlife strikes per 100 ,000 aircraft movements ( during 2004

– 2008 ) is considered (20.5 strikes per 100,000 aircraft movements were reported)

. Furthermore, incidents with gulls constitute a large portion of the bird strikes that occur at LaGuardia Airport (Figure 3

- 1)

and other a irports located on waterways within the mid

- Atlantic region (Table 3

- 2 ).

Table 3

- 2

. Top

- 20 r ank ed FAA Part

- 139 certificated airports (out of a total of 64 airports) with in the FAA Eastern Region regarding reported gull

- aircraft collisions ( includes s everal gull species ) per 100,000 aircraft movements during 2004

– 2008.

Airport Name (State) Reported Gull Strikes per 100,000 Aircraft

Movements Rank Norfolk International (VA) 8.6 1 LaGuardia Airport (NY) 8.0 2

Buffalo

- Niagara International (NY) 6.0 3 John F. Kennedy International (NY) 5.8 4 Albany International (NY) 5.2 5 Harrisburg International (PA) 4.2 6 Atlantic City International (NJ) 4.2 7 Ronald Reagan National (VA) 3.8 8 Elmira / Corning Regional (NY) 3.3 9 Newark Liberty Internat ional (NJ) 2.7 10 Greenbrier Valley (WV) 2.5 11 New Castle (DE) 2.4 12 Niagara Falls International (NY) 2.0 13 Newport News (VA) 2.0 14 Hagerstown Regional (MD) 1.9 15 Baltimore/Washington International (MD) 1.7 16 Philadelphia International (PA) 1.6 17 Williamsport Regional (PA) 1.5 18 Greater Rochester International (NY) 1.4 19 Erie International / Tom Ridge Field (PA) 1.4 2011

Figure 3

- 1. Summary of bird strikes at LaGuardia Airport during 2004

– 2008 when the bird(s) involved was identified

.

3. 2

. Urban Wildlife and Wildlife Observations at the Proposed Site

Many species of wildlife have adapted to living in areas that are densely populated with humans. Canada geese, gulls, pigeons, European starlings, songbirds, and a wid e variety of other birds, mammals, and insects flourish in urban and suburban areas. The diversity

and abundance of urban wildlife is enhanced when urban areas are located near large

bodies of water. Although many people derive much pleasure from watchin g birds and other wildlife in cities and urban areas, often conflict situations arise that negatively affects some aspect of the quality of life for people. Examples of such conflicts include

bird strikes, parks and recreational areas contaminated with wi ldlife droppings, and damage to landscaping plants around homes and community residences.

Given the proposed site of the North Shore MTS is located on Flushing Bay (Figure 3

- 2 ), the potential exists for large numbers of many species of birds associated w ith marine and/or urban environments to be present on or near the proposed building site.12

Figure 3

- 2

. Site location for the proposed North Shore MTS near College Point, Queens, New York. The proposed site is approximately 2,200 feet from LaGuardia Airport

.

Historical and current observations of birds clearly demonstrate that gulls and other birds are frequently present in large numbers within the general vicinity of the proposed North

Shore MTS site

. During 2004

– 2009, a program was implemente d at LaGuardia Airport

to monitor and assess wildlife hazards to aviation

. Ducks, geese, and gulls comprised the majority of birds observed on or near LaGuardia Airport (Figure 3

- 3 ). I n addition, on several occasions members of the technical panel of exp erts and other wildlife professionals observed gulls at several locations adjacent to LaGuardia Airport and in the immediate vicinity of the proposed North Shore MTS site. For example, observations of gull use of mud flats near LaGuardia Airport were coll ected by members of the technical panel of expert s . These observations are consistent with previously documented gull activity gathered during wildlife monitoring at LaGuardia Airport. Additionally, l ong

term monitoring data collected at LaGuardia Airpo rt (2004

− 2009) , in addition to other studies of birds within the New York City area, clearly show that bird activity and abundance within these environments is dynamic and likely influenced by several

environmental factors

, such as weather patterns, tidal cycles a nd other seasonal

influences (e.g., LaGuardia Air port Wildlife Hazard Assessment and Shooting gulls to reduce strikes with aircraft at John F. Kennedy International Airport, 1991

− 2008).13

Figure 3

- 3. Birds observed during a long

- term monitoring program to assess wildlife hazards at LaGuardia Airport during 2004

– 2009.

On December 15, 2009 the technical panel of experts (including agency representatives from FAA and USDA) conducted a site visit at the proposed North Shore MTS location to gather inform ation and conduct general observations about the proposed location. Observations of available habitat and the types of wildlife that were currently using the location were made. The group gained first hand k nowledge of current conditions at the proposed site (including information about habitats, wildlife activity, and other important factors) and about the proximity of this site to LaGuardia Airport.

An evaluation of bird activity at the site of the proposed North Shore MTS was needed to assess „backgr ound‟ levels of bird abundance and activity at the site (without an active

trash

- transfer station in existence). Standardized bird surveys were conducted by professional wildlife biologists during February and March of 2010 at the proposed MTS site to gai n insight into bird activity at or near the proposed building site. During these surveys, all bird s pecies observed within the area were identified and the number of birds

and behaviors exhibited were recorded. The data from these efforts were summarized to provide insight into the „background‟ bird activity of at the proposed site, with particular consideration of birds that are recognized as being hazardous to aircraft operations.14

During the 18 standardized bird surveys conducted, 396 birds [consistin g of 308 gulls, 72 pigeons (Figure 3

- 4), and 16 European starlings (Figure 3

- 5)] were observed in the vicinity of the proposed North Shore MTS site (Table 3

- 3 ). Of the birds seen near the proposed site, only 1% of the birds were using the former North Sh ore MTS building. On one occasion, several pigeons were observed flying into the former transfer station building to roost. The gulls observed during the surveys, which consisted of a mixture of herring gulls (Figure 3

- 6) and ring

- billed gulls, were flyi ng over the proposed site or perched on the roof of the New York City Department of Sanitation‟s truck repair and maintenance facility building. This building is adjacent to the site of the proposed North

Shore MTS.

Figure 3

- 4

. House sparrows ( left photo) and pigeons ( right photo) are often pest s at

trash

- transfer stations and other facilities where solid waste is received and processed.

Figure 3

- 5

. A European starling

. Introduced into Central Park in New York City during the late 1800s , this bird has spread across North America . T oday the

star l ing population in the United States exceeds 100 million

.15

Table 3

- 3

. Average number of birds (of selected species) observed per hour of survey time within 0.25

- mile of the proposed North Shore MT S site located near College Point in Queens, New York during 18 standardized bird surveys conducted in February and March of 2010

.

Bird Species Average Number Observed Per Hour of Survey Time

Herring Gull 

### 6 2

Ring

- billed Gull 

### 40

Pigeon 

### 2 4

Figure 3

- 6

. Two adult herring gulls. Herring gulls (and other gull species) use waste management facilities, such as trash

- transfer stations and landfills, as a place

to find food

.16

3. 3 . Design Features of the Proposed North Shore MTS Facility

A s currently proposed, the facility will be a fully enclosed transfer station building with

four walled sides and a pitched roof (Figure 3

- 7) . It will be a three level, over water facility specifically designed for the indoor transfer of solid waste from c ollection

vehicles into sealed leak

- proof containers. Each container will be sealed and cleaned then loaded onto barges for transfer to a final disposal site outside of the New York City metropolitan area.

Not

- to

- exceed permit limits for the North Sho re MTS are based on a weekly and maximum peak tons per day of solid waste

. The expected average daily throughput is 2,200 tons of municipal solid waste and up to 1,000 tons of commercial waste. The proposed weekly limit is 21,840 tons. A 20% allowance i s included for seasonal variability, growth in waste generation and system redundancy. The proposed maximum peak tons per day limit is 3,672 tons and it addresses DSNY post

- holiday collections.

Design features of the proposed transfer station facility in clude:

• Waste will be delivered to the transfer station facility inside closed collection vehicles (i.e., curbside garbage trucks).

• All trucks will enter and exit the transfer station building through rapid, roll

- up doors.

• A truck scale, ramps, and the tipping floor inside the building are all designed to minimize the number of trash trucks that are entering and exiting the building, particularly during peak hours.

• All waste will be processed in an enclosed building that maintains n egative air pressure to prevent odors from escaping while building doors are open

. In addition, exhaust air from the transfer station building will be treated using an odor neutraliz ing

system.

• Each container will be sealed and cleaned inside the t ransfer station building.

• All waste will leave the North Shore MTS in sealed, leak

- proof containers and all

containers w ill also enter and exit through rapid roll

- up doors.17

3. 4 . Operational Procedures of the Proposed North Shore MTS Facility

As currently proposed, all solid waste would arrive via covered trucks that enter the facility through rapid roll

- up doors and dump the waste from a high level tipping floor down to a lower level loading floor (Figure 3

- 7) . Next, waste w ould be loaded into

c ontainers that are sealed and cleaned in the lidding / unlidding area . Lastly, the

containers would leave the MTS building through rapid roll

- up doors and be placed onto barges for the next stage of transportation.

Operational procedures to be u s ed at the proposed facility include:

• No solid waste will be processed or stored outside of the transfer station building.

• The tipping floor will be cleaned daily.

• All vehicles will be cleaned prior to exiting the building.

Figure 3

- 7 Cro ss

- sectional schematic of the p roposed North Shore MTS.18

3. 5 . Examination of Currently Operating Trash

- transfer Facilities

In an effort to predict what type of attraction to wildlife the proposed North Shore MTS might be if it were to be constructed a nd put into operation, other trash

- transfer facilities in the greater New York City metropolitan area that are currently in operation were

identified and examined.

On December 15, 2009 the technical panel visited the Harlem River Yard Transfer Station, located in the Bronx. During the site visit, the panel observed how this transfer station is operated, considered how the building was designed, and attempted to determine to what extent the facility and its operational procedures attracted birds.

On the same day the technical panel of experts traveled to the Staten Island Transfer

Station (Figure 3

- 8) , located in Staten Island, New York. This facility is an example of a

trash

- transfer station that is very similar to the proposed North Shore MTS. As a w hole, the group observed that opportunities for the facility to act as an attractant to wildlife were limited. This appeared to be a result of the basic design of the facility in that little opportunity was available for wildlife to use the structure or a ccess portions of the waste transfer operation. However, the group decided that it would be in the interest of the project to collect additional short term data at this location to document possible wildlife attractant issues that may not have been discer ned during this visit.

During February and March of 2010, a total of 6 standardized bird surveys were conducted by professional wildlife biologists at the Staten Island Transfer Station to gain information regarding the attractiveness/use of that trash

- tr ansfer facility by birds hazardous to aviation and to assess the overall bird activity in the immediate vicinity of

the transfer station. All bird species observed within the area of the transfer station (within 0.25 mile s of the facility) were identified

, counted

, and recorded during these

surveys

. In addition, the behaviors exhibited by birds (in particular birds observed using

the trash

- transfer station (either perching on or in the building or directly feeding on trash) were noted and documented. Thes e d ata were summarized to provide insight into the „background‟ bird activity at the site and to what degree birds used the transfer station facility, in particular those birds recognized as being hazardous to safe air operations.

An hourly average of 41 birds (all species combined) were observed using the Staten Island Transfer Station, based on surveys conducted during February and March of 2010 (Table 3

- 4 ). Birds were considered to be using the transfer station if they were observed feeding on or in th e refuse present or were perched on or in the transfer station building.

Gulls ( primarily herring gulls and great black

- backed gulls) comprised most of the birds seen near the Staten Island Transfer Station (Table 3

- 4 ). However, even though (on

average ) 140 gulls were observed per hour of survey time, less than 1 gull per hour was

seen „ using ‟ the transfer station. Gulls commonly used the waterway adjacent to the

transfer19

Figure 3

- 8

. Standardized bird surveys were conducted at the Staten Island Transfer Station, a truck

- to

- rail tr ansfer station facility located in Staten Island, New York. The building design and operational procedures of this facility are similar to those of the proposed North Shore MTS.

station property but appeared to sho w little interest in the facility and the waste management activities that occurred inside the building.

European starlings (Figure 3

- 3) accounted for 26% of the birds observed using the Staten Island Transfer Station. On average, ten starlings were obse rved feeding on trash while it was being processed inside the Staten Island Transfer Station building each hour. Recent research conducted by USDA showed that starlings accounted for approximately half of

all birds that used trash

- transfer stations to sea rch for food and find places to nest.

An hourly average of 12 pigeons (Figure 3

- 2) were observed at the Staten Island Transfer Station (Table 3

- 4 ). Almost all of the pigeons seen at the facility were feeding on the

trash inside the transfer station b uilding. T hese birds are often considered a pest and cause problems in buildings and other man

- made structures through corrosion and disease concerns caused by fecal contamination and nesting debris

.

Starlings and p igeons are a concern in regard to aviat ion safety issues and commonly

collide with aircraft. Starlings and pigeons are important birds to consider when assessing bird strike risks, as they have been involved in collisions with both civil and military aircraft that have resulted in human fatali ties.20

Approximately one

- half (49%) of the birds observed using the Staten Island Transfer Station were house sparrows (Figure 3

- 2), which were frequently feeding on the trash inside of the transfer station building (Table 3

- 4 ). Although these birds are c onsidered a pest and have the potential to cause problems for transfer station operators and employees, they are not considered a substantial problem in regard to bird strikes.

Table 3

- 4

. Average number of birds (of selected species) observed per hou r of survey time within 0.25

- mile of the Staten Island Transfer Station located in Staten Island, New York and the average number of birds per hour of survey time using

the transfer station during 6 standardized bird surveys conducted in February and

March of 2010

.

Bird Species Average Number of Birds

Observed within 0.25

- mile of

the Transfer Station Per Hour of Survey Time a Average Number of Birds Observed Using b the

Transfer Station Per Hour of Survey Time

Herring Gull 

### 165 < 1

Great Black

- backed Gull 

### 69 < 1

Ring

- billed Gull 

### 6 < 1

European Starling 

### 1 9 1 0

Pigeon 

### 1 2 1 1

House Sparrow 

### 2 1 2 0

a All bi rds observed within 0.25 mile s of the Staten Island Transfer Station building

were counted and recorded.

b Birds that were perchi ng on or in the transfer station building or were seen feeding on refuse were considered to be using the transfer station.21

3. 6

. Risk Assessments

Effective decision making about how the proposed N orth Shore MTS facility might

attract birds and beco me a hazard to aviation operations can be assisted by conducting a risk assessment process and portraying available alternatives in a risk matrix. Figure 3

- 9

illustrates a series of three alternatives related to the proposed N orth Shore MTS.

The three alternatives that were considered in the risk assessment process were :

(1) No MTS facility ( i.e., the present situation) ; (2) N orth Shore MTS as proposed in the Part 360 application ; (3) N orth S hore MTS with modifications to the building design & operational procedur es and the development and implementation of a wildlife hazard

management program.

Th ese risk assessment s only consider the risk posed to safe aircraft operations at LaGuardia Airport by birds ( i.e., primarily gulls) using the site where the proposed Nort h

Shore MTS would be located. This risk assessment does not specifically refer to the overall risk posed to aircraft operations to and from LaGuardia Airport by birds that could be present throughout the general vicinity of the airport , but considers this factor (dynamic

, area

- wide bird populations) within the site

- specific assessment of risk

.

Sizable populations of gulls and other birds are commonly found in highly urbanized

areas in coastal environments

. Historic and current observations, in addition t o the frequency that gulls are struck by aircraft at or near LaGuardia Airport

, clearly demonstrate that gulls and other birds that pose a hazard to air operations are commonly

present where the proposed MTS has been sited. Bird activity and abundance wit hin these environments are dynamic and influenced by n umerous factors and conditions (including

, but not limited

, to weather patterns, tidal cycles, seasonal influences, and the availability of natural foods). Previous research has shown that bird use of trash

- transfer facilities varies among different times of the year. Consequently, risk assessments must

consider differing levels of the abundance and activity of birds hazardous to safe aircraft operations.

Overall, the highest risk posed to safe airc raft operations by birds would likely occur if a MTS was constructed and operated at the proposed site with no consideration of wildlife

issues . Th is level of risk would be associated with increased bird movement s (primarily gulls) flying to and from the MTS, in particular if these movements occurred within the flight paths of aircraft approaching or departing from LaGuardia Airport. By incorporating m odifications to the MTS building design and implementing changes to

o perational procedures ( see Section 4 . Recommendations) that dissuade birds from using

the MTS , the probability of birds and other wildlife being attracted to the facility would

be reduced (compared to a facility with no modifications) , resulting in a lower level of

risk associated with bird strikes. The lowest level of risk to aircraft operations posed by

birds would occur when a MTS (with design and operational procedure modifications) was operated with an integrated wildlife hazard management program.22

Figure 3

- 9

. Assessment of the risk to aviation safety for aircraft using L aGuardia Airport under three alternatives related to the proposed North Shore MTS

.



### Alternative 1 a

No facility (present situation) 

### Alternative 2 b

Proposed facility 

### Alternative 3 c

Proposed facility
with modifica tions
and wildlife hazard management plan Hazardous Bird Activity High High Low

Medium Medium Low

Low Low Low



### Risk Levels

a Alternative 1: represents the present situation (no MTS facility )

.

b Alternative 2: represents the MTS as proposed u nder the Part 360

.

c Alternative 3: represent the MTS with building design and operational procedure

modifications and the implementation of a wildlife hazard management plan

.

3. 7 . Determination of Findings

The FAA and USDA, with full consensus f rom the technical panel of experts, determined

that Alternative ( 3 ) Modifications & Monitoring/On

- site wildlife hazard management

activities

, would provide the safest, most acceptable alternative in regard to the

compa ti bility of the North Shore MTS . B y in corporating modifications to the building design

, implementing operational procedures , and developing and conducting an integrated wildlife hazard management p rogram
, the risk of b ird strike s could be greatly

reduced when compared to the present situation ( that is, no MTS facility present and no mitigation of wildlife hazard s at the proposed North Shore MTS site).23

4. RECOMMENDATIONS

R eduction of hazards to aviation safety posed by birds that might be attracted to the proposed North Shore MTS can be acco mplished through t he incorporation of building design modifications, adherence to strict operational procedures , and the development and implementation of an integrated w ildlife hazard management plan and program

. The FAA, USDA, and members of the technic al panel of experts conclude that the recommendations provided will achieve compatibility between the North Shore Marine Transfer Station and LaGuardia Airport with respect to bird strikes and safe air operations.

The f ollowing recommendations provide a framework for proactive monitoring and mitigation of wildlife hazards to aviation at the proposed North Shore MTS :

Planning and Construction Phases :

• Develop an integrated wildlife hazards management plan for the MTS facility

.

• Eliminate ledges and other perching sites in the building design to the greatest extent possible. As an example, signage on the building should not use raised letters as this provides perching and nest ing sites for European starlings and house sparrows.

• Install ant i

- perching devices on the transfer station roof, pilings, and other surfaces

where birds m ight perch.

• Strict enforcement of a “no feeding wildlife or feral animals ” policy

.

• Ensure landscaping plants and materials are selected to be non

- attractive to wildlife (such as minimizing grassy areas which m ight attract Canada geese)

.

Fully Operational Transfer Station:

• Implement an integrated wildlife hazards management program for the MTS facility

.

• Provide a d edicated (i.e., only duties) wild life control professional trained and equipped to mitigate bird use of the transfer station as issues develop (i.e., proactive approach).

• Strict enforcement of a “no feeding wildlife or feral animals ” policy

.

• Monitor trash containers to ensure no trash is extruding from them prior to leaving the transfer station building

.24

• Monitor barge activity for birds that might be attracted to them (due to water disturbance and/or the refuse containers) and mitigate accordingly

.25

5. SOURCES OF INFORMATI ON

Guidance :

A dvisory Circular No: 150/5200

– 33B

, Hazardous Wildlife Attractants On or Near Airports

A dvisory Circular No: 150/5200

– 34A

, Construction or Establishment of Landfills Near Public Airports

14 C ode of Federal Regulations Part 77 Notification of Proposed Construction or Alteration on Airport

40 C ode of Federal Regulations Part 258

– Criteria for Municipal Solid Waste Landfills

Wildlife Hazard Management at Airports

- A Manual for Airport Operators

– 2 nd edition,

2005

Reports :

Evaluatio n of Trash

- transfer Facilities as Bird Attractants

, Report No. DOT / FAA /

AR

- 09 / 62 , 2009

Wildlife Strikes to Civil Aircraft in the United States 1990

– 2008

– Serial Report N o. 15

, 2009

FAA Na tional Wildlife Strike Database ( available at : http:/ /wildlife.faa.gov)

LaGuardia Airport Wildlife Hazard Assessment

, 2000

Shooting G ulls to R educe S trikes with A ircraft at John F. Kennedy International Airport,

1 991

− 2008. Special Report for the Port Authority of New York and New Jersey by

U.S. Department of Agriculture, National Wildlife Rese arch Center, 2009

.

USDA/APHIS/Wildlife Services New York

– Site Visit L etter for LaGuardia Airport

, 1 June 2009

USDA/APHIS/Wildlife Services New York

– Site Visit L etter Regarding North Shore

MTS to FAA Easte rn Regional office of S afety and Standards Branch, 4 June 2009

USDA/APHIS/Wildlife Services New York

– Wildlife Hazard Monitoring Program Annual Reports for LaGuardia Airport (2004

– 2007, 2008, and 2009)26

Proposed Facility :

Engineering Report for the No rth Shore Marine Transfer Station Waste Containerization Facility

– Part 360 Permit Application, Volume 1, City of New York Department of Sanitation, January 200727

APPENDIX A. L isting of the members of the technical panel of experts for the

evaluation o f the North Shore Marine Transfer Station and its compatibility with respect to bird strikes and safe air operations at LaGuardia Airport.

Brian E. Washburn, PhD (Report author) Research Biologist

USDA / APHIS / Wildlife Services National Wildlife Resear ch Center

John R. Weller (Project Manager, FAA) National Wildlife Biologist

Federal Aviation Administration

Mi chael J. Begier (Project Manager, USDA) National Coordinator, Airport Wildlife Hazards Program

USDA / APHIS / Wildlife Services

Richard A. Do lbeer, PhD

Science Advisor

USDA / APHIS / Wildlife Services

Edward C. Cleary President, WASHMan LLC

Eug ene LeBoeuf Chief, USAF BASH Team

U.S. Air Force

Laura C. Francoeur Chief Wildlife Biologist Port Authority of New York/New Jersey

Christopher A. Nadareski Section Chief, N YC E nvironmental P rotection Bureau of Water Supply/ WWQO / Wildlife Studies Section28

APPENDIX B . L isting of the scientific names of all animals mentioned in this

document.

Common Name Scientific Name

Canada goose Branta canadensis

European starling Sturnus vulgaris

Great black

- backed gull Larus marinus

Herring gull Larus argentatus

House sparrow Passer domesticus

Pigeon Columba livia

Ring

- billed gull Larus delawarensis