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ENB - Region 2 Notices 06/09/2010

Public Notice

Notice of Availability of Memorandum of Agreement for New York City Local Brownfield Cleanup Program

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) - Division of Environmental Remediation is proposing to enter into a Memorandum of Agreement (MOA) with the City of New York (NYC) relative to NYC's local brownfield cleanup program. The MOA is being entered into pursuant to the authority vested in NYS DEC pursuant to Environmental Conservation Law 3-0301(2)(p), wherein NYS DEC is empowered to "delegate to municipal health or environmental departments or agencies or other appropriate governmental entities ..., any of which shall meet such qualifications relating to adequate authority, expertise, staff, funding and other matters as may be prescribed, such functions of review, approval of plans, issuance of licenses, certificates or approvals required or authorized by this chapter as the commissioner may deem appropriate in order to expedite the review of matters within the jurisdiction of the department, to provide for better coordination among different levels of government or to enhance environmental protection, subject to conditions as he may establish."

This MOA provides for the coordinated oversight of the cleanup of certain contaminated sites in NYC. All oversight functions performed by NYC on behalf of NYS DEC in furtherance of the MOA will be subject to NYS DEC approval and performed in accordance with NYS DEC standards and procedures to assure the protection of public health and the environment. It is anticipated that the collaborative approach to brownfield cleanups, as set forth in the MOA, will result in optimal use of resources and programmatic tools to further the pace, effectiveness, efficiency, and quality of cleanups.

The MOA describes in detail the specifics of the working relationship relating to brownfields between NYS DEC and NYC. Prior to its execution, the MOA will be available for public review and comment for 30 calendar days. The proposed MOA, including an Addendum to the MOA, is available to view and download from NYS DEC's Brownfield web page (see "Important Links" in right column).

Written comments on this MOA should be submitted to NYS DEC by Friday, July 9, 2010 and addressed to: Dale A. Desnoyers, NYS DEC - Division of Environmental Remediation, 625 Broadway, 12th Floor, Albany, NY 12233-7011 or e-mailed.

Notice of Acceptance of Final EIS

Kings County (Brooklyn) - The New York City Planning Commission, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Domino Sugar Rezoning. Copies of the Final EIS may be obtained from: the New York City Department of City Planning, Environmental Assessment and Review Division, 22 Reade Street, Room 4E, New York, NY 10007, Robert Dobruskin, Phone: (212) 720-3423; or from the Office of Environmental Coordination, 253 Broadway, 14th Floor, New York, NY 10038, Robert Kulikowski, Phone: (212) 788-9956. The online version of the Final EIS is available at the New York City Department of City Planning's website at: http://www.nyc.gov/html/dcp/html/env_review/eis.shtml.

The action involves a request by the applicant, Refinery LLC for discretionary approvals in connection with the redevelopment of the former Domino Sugar site along the East River waterfront. The City's approvals include zoning map and text amendments, a number of special permits associated with the proposed project's General Large Scale Development (GLSD), and authorizations and certifications pertaining to the project's waterfront public access area. The approximately 11 acre project site comprises two parcels: a waterfront parcel of approximately 9.9 acres (excluding the approximately 6.2 acres of land underwater to the pierhead line) and an upland parcel of approximately 1.3 acres. The proposed project would facilitate a proposal by the applicant to develop approximately 2.81 million gross square feet above-grade, including the reuse of the Refinery complex. The proposed project would include up to 2,400 residential units, up to 127,537 gross square feet of retail/commercial space, up to 146,451 gross square feet of community facility space, and up to 98,738 gross square feet of commercial office space. The applicant currently intends to build 2,200 residential units on the project site, of which 660 would be affordable to low- and moderate-income households. The complex of landmarked buildings along the waterfront known as the Refinery would be adaptively reused. The project's approximately four acres of publicly accessible open space would include an esplanade along the water's edge.

In addition to the City's approvals, the proposed project will require approvals of a Joint Permit Application (JPA) from the U.S. Army Corps of Engineers and the New York State Department of Environmental Conservation for reconstruction of the existing waterfront platform and installation of a new sheet pile bulkhead. State approvals will also be required for the two proposed stormwater outfalls to be located at the end of South 2nd and South 3rd Streets. A State Pollution Discharge Elimination System (SPDES) permit will also be required for stormwater discharges during the project's construction period.

The project is located in the Williamsburg neighborhood of Brooklyn, New York. The waterfront parcel portion of the project site is bounded on the west by the East River, on the north by Grand Street, on the east by Kent Avenue, and on the south by South 5th Street (adjacent to the Williamsburg Bridge). The upland parcel portion of the project site is bounded on the west by Kent Avenue, on the north by South 3rd Street, on the east by Wythe Avenue, and on the south by South 4th Street.

Contact: Robert Dobruskin, New York City Department of City Planning, 22 Reade Street, Room 4E, New York, NY 10007, Phone: (212) 720-3423.

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