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ENB - Region 2 Notices 3/30/2011

Public Notice

Notice of Proposed Consent Order Modification
Request for Public Comments by April 20, 2011

Modification of the 1998 Consent Order between the New York State Department of Environmental Conservation (NYS DEC) and the GATX Terminals Corporation regarding the site located at 500 Western Avenue and adjacent to the Arthur Kill in Staten Island, and adding 380 Development, LLC as a signatory to the Modified Consent Order

The NYS DEC proposes to modify a 1998 Order on Consent regarding the approximately 440 acre site on Staten Island bounded by the Arthur Kill on the West, lying southeast of the Goethals Bridge and southwest of the interchange of the Staten Island and West Shore Expressways (commonly known as "the GATX site"). The 1998 order required the GATX Terminals Corporation (subsequently GATX SI, Inc.) to remediate contamination and restore affected wetland areas. By this Modified Order on Consent, 380 Development would become a respondent to the 1998 Order and assume all outstanding obligations, including final clean cover installation and groundwater monitoring, except for completion of a 2008 remedial design for wetland and canal soil/sediment (to be completed by GATX SI, Inc.; followed by monitoring by 380 Development).

Prior to installation of final cover, 380 Development plans to place fill on two specified areas known as the "eastern and western tank fields," comprising 234 acres, on which commercial development would be possible in the future. The total in-place volume of material to be imported is 4,866,000 cubic yards. This will include dredged material that has been processed and meets specified standards, and which qualifies for and receives a "Beneficial Use Determination" from NYS DEC. No fill will be placed in regulated wetlands. No fill will be placed in regulated wetland adjacent areas, but very minor slope stabilization treatments (reno mattresses to stabilize basin spillways) and minor grading associated with storm water retention basins will be placed in certain limited locations. Approximately 263½ acres of land - including parts of the "GATX site" and adjacent parcel commonly known as the "Duke Energy parcel" -- will be protected in perpetuity by deed restrictions, including several wetland/wetland adjacent areas, and the area known as "Implosion Hill."

The public can submit written comments on the proposed Modified Order and Engineering Work Plan by Wednesday, April 20, 2011, either by e-mail to: lpoliva@gw.dec.state.ny.us, or by mail to the attention of: Louis Oliva, Regional Attorney, NYS DEC - Region 2 Office, 47-40 21st Street, Long Island City, NY 11101-5401. A copy of the proposed Modified Order and Engineering Work Plan is available for public review at the NYS DEC office in Long Island City and at the Todt Hill-Westerleigh Library (wheelchair accessible), 2550 Victory Boulevard (past Willowbrook Road) in Staten Island, NewYork, Phone: (718)494-1642; hours: Mon., Wed. & Thurs. 10am-6pm; Tues. 12-8pm; Fri. & Sat. 10am-5pm; Sun. 1-5pm.

Contact: Suzanne Y. Mattei, NYS DEC - Region 2, 47-40 21st Street, Long Island City, NY 11101-5401, Phone: (718) 482-4949, Fax: (718) 482-4026.

Conditioned Negative Declaration

Queens County (Queens) - The New York City Deputy Mayor for Economic Development, as lead agency, has determined that the proposed New York Families for Autistic Children, Inc. Redevelopment will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice.

The action involves the approval of financial assistance by the City of New York and the Dormitory Authority of the State of New York to the New York Families for Autistic Children , Inc. (NYFAC) for the purchase of a two story, 9,600 square foot Chinese restaurant and catering hall and the renovation and re-configuration of the building for use as the headquarters and program center for NYFAC. The project is located at 164-14 Cross Bay Boulevard in Queens, New York.

The conditions are: Based on a Phase II Environmental Site Assessment that found volatile organic compounds (VOCs) in excess of New York State Department of Health standards in a soil vapor probe in the site parking lot, the applicant has agreed to collect and analyze indoor and sub-slab air samples in the proposed development to determine if there are vapor intrusion issues and to implement measures (such as a sub-slab depressurization system) to remediate any vapor intrusion that is detected above applicable standards subject to the review and approval by the New York City Department of Environmental Protection prior to occupation and use of the site as the NYFAC facility. The applicant further agreed to clean identified storm drains on the subject property and dispose of the contents in accordance with all applicable local, state, and federal regulations.

Contact: Robert R. Kulikowski, 253 Broadway, 14th Floor, New York, NY 10007, Phone: (212)788-2941.

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