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ENB - Region 2 Notices 10/19/2011

Public Notice

Notice of Document Availability and Public Comment Period

2011 Modification to Order on Consent between the City of New York and the New York City Department of Environmental Protection (NYC DEP) and the New York State Department of Environmental Conservation (NYS DEC), DEC Case # CO2-20000107-8, a.k.a. NYC CSO Order.

Counties: New York (Manhattan), Richmond (Staten Island), Kings (Brooklyn), Bronx and Queens

Lead Agency: NYSDEC - Division of Water, Albany

Brief Description:

In 2005 an Order on Consent was executed between the NYS DEC and the NYC DEP that contains milestones for the completion of various projects and planning documents associated with abatement of Combined Sewer Overflows (CSO) within New York City. Based on additional technical analyses, the parties identified numerous changes to the New York City CSO Order. Pursuant to Paragraphs XVI.A and D.3 of the 2005 CSO Order, NYS DEC is required to public notice "[i]n the event of a substantive and significant modification to the construction compliance schedules provided for in this Order." The 2011 Modification contains the following significant modification:

• Elimination and Addition of CSO Construction Projects:

º Flushing Bay CSO - add Divert Low Lying Sewers/Raise Weirs, add Regulator Modifications, add Dredging, add Flushing Interceptor.
º Jamaica Tributaries CSO - eliminate the Expansion of Wet Weather Capacity of Jamaica Water Pollution Control Plant (WPCP), add 48 Inch Parallel Interceptor, add Bending Weirs.
º Newtown Creek CSO - modify Zone II Aeration to Enhanced Aeration for the Lower English Kills, East Branch, Dutch Kills, and Lower Newtown Creek, eliminate St. Nicholas Relief Sewer / Regulator Modifications, eliminate CSO Storage Facility, add Bending Weirs / Floatable Controls.
º Westchester Creek CSO - eliminate CSO Storage Facility, eliminate Phase I Influent Sewers, add CSO Relief Structure Modifications, add Parallel Interceptor.
º Hutchinson Creek CSO - eliminate Phase I Storage Facility, eliminate Future Phases.
º Jamaica Bay CSO - eliminate 26th Ward Wet Weather Expansion, add High Level Sewer Separation, add 26th Ward WPCP Wet Weather Stabilization, add Green Infrastructure Demonstration Project in 26th Ward Drainage Basin.

• Modification of CSO Construction Existing Project Milestones:

º Alley Creek CSO - CSO Retention Facility Construction Completion.
º Outer Harbor CSO - Regulator Improvements - Automation Construction Completion, Port Richmond Throttling Facility Construction Completion.
º Inner Harbor CSO - Regulator Improvements - Automation Construction Completion, Dredging of Gowanus Canal Submittal of All Dredging Permit Applications.
º Flushing Bay CSO - CS4-4 Mechanical Structures Construction Completion.
º Jamaica Tributaries CSO - Meadowmere & Warnerville DWO Abatement Construction Completion, Destratification Facility Notice to Proceed to Construction and Construction Completion, Regulator Improvements - Automation Construction Completion.
º Coney Island Creek CSO - Avenue V Pumping Station Upgrade Construction Completion.
º Jamaica Bay CSO - Hendrix Creek Dredging Notice to Proceed to Construction and Construction Completion.

• Modification of Long-Term Control Plan (LTCP) Completion Milestones:

º Alley Creek LTCP: June 2013
º Gowanus Canal LTCP: June 2015
º Flushing Bay LTCP: June 2017
º Flushing Creek LTCP: December 2014
º Jamaica Tributaries & Bay LTCP∗: June 2016
º Coney Island LTCP: June 2014
º Bronx River LTCP: June 2015
º Hutchinson River LTCP: September 2014
º Newtown Creek LTCP: June 2017
º Westchester Creek LTCP: June 2016
º City-Wide LTCP∗∗: December 2017

∗ Bergen Basin, Thurston Basin, Spring Creek, Fresh Creek, and Hendrix Creek LTCPs will be incorporated into the Jamaica Tributaries & Bay LTCP.
∗∗East River and Open Waters LTCP will be incorporated into the Citywide LTCP.

• A commitment of $187 million for city-wide green infrastructure implementation.
• A $200,000 civil penalty for various missed milestones.
• Environmental Benefit Projects in the total $5.15 million for green infrastructure demonstration projects in the Bronx River and Newtown Creek drainage basins and water quality sampling.

Document Availability: The following documents are available for the public review:

2011 Modification to NYC CSO Order can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/77733.html.

Full copies of the 2005 CSO Order are available in hard copy at the following offices of NYS DEC:

NYS DEC - Division of Water
Office of the Director of the Bureau of Water Compliance
625 Broadway, 4th Floor
Albany, NY 12233-3506

NYS DEC - Region 2,
Robert Elburn
47-40 21st Street
Long Island City, NY 11101

Full copies of the 2005 CSO Order are also available in hard copy at the following office of the NYC DEP:

Eleftheria Ardizzone
NYC DEP - Bureau of Communications and Intergovernmental Affairs
59-17 Junction Boulevard
Flushing, NY 11373
Phone: (718) 595-3493

Explanatory Documents: A CSO Order White Paper providing background on the proposed CSO Order modification can also be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/77733.html or on the NYC DEP website at: http://www.nyc.gov/html/dep/pdf/harbor/cso_consent_wp_2011.pdf.

Public Comment Period: The comment period commences on October 19, 2011 and concludes on November 18, 2011. Comments will be accepted by the NYS DEC contact listed below.

Public Meeting: A public meeting will be held at the NYS DEC - Region 2, Annex Building, 11-15 47th Avenue, Long Island City, NY 11101, on November 9, 2011 starting at 6:00 p.m.

Directions to DEC Annex Building: Take the No. 7 train to the Hunter's Point Ave station in Queens. Leaving the station, walk toward the Empire State Building until the first intersection (Hunter's Point Ave and 21st Street) and take a RIGHT onto 21st Street. The NYSDEC Region 2 office is the first building across the street on 21st Street (it is tan/brown in color and named "Hunters Point Plaza"). To go in to the Annex Building, head north from the front of 4740 21st Street to the light on Jackson Ave and make a left onto 47th Avenue.
Driving directions to the main headquarters building may be found at: http://www.dec.ny.gov/about/547.html, but there is very limited on-street parking.

Questions and written comments for the record may be directed to: Gary Kline, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3506 , Phone: (518) 402-9655, Fax: (518) 402-9029, E-mail: gekline@gw.dec.state.ny.us.

Negative Declaration

New York County (Manhattan) - The New York City Planning Commission, as lead agency, has determined that the proposed 70 Greene Street will not have a significant adverse environmental impact. The action involves a proposal by the applicant, 70 Greene Street LLC, for a special permit pursuant to 74-711 of the Zoning Resolution to modify the use regulations of ZR Sections 42-00 and the bulk regulations of Section 43-17. The proposed action would facilitate a proposal by the applicant to convert the uppers floors of the existing building from Joint Living-Work Quarters for Artists (JLWQA) to residential use and add floor area by constructing floors on the fifth and mezzanine levels. This would increase the building's floor area from 9,041 gross square feet to 11,094 gross square feet. Specifically, the proposed special permit would allow the ground floor lobby and the three vacant use group 17D JLWQA units on floors 2 through 4 to be occupied with residential use (Use Group 2). The special permit will also allow the fifth floor and fifth floor mezzanine additions to be occupied by residential use.

The existing building is located in an M1-5A light manufacturing zoning district and allows Use Group 17D JLWQA in loft buildings. The maximum FAR is 5.0 for all commercial and manufacturing buildings in M1-5A zoning districts, with an FAR of up to 6.50 for community facility buildings. The total proposed floor area of the project site is 11,094 square feet with an FAR of 4.41, with approximately 9,252 square feet proposed for residential use. The cellar and ground floors of the building are currently occupied by a boutique gym equipment store. The remainder of the building, including the addition, is vacant. Floors two, three, and four each previously contained one loft style 2,216 gross square foot JLWQA for a total of three units. No use Group 2 residential use currently exists in the building. Under the proposed Special Permit, a maximum of 11,094 gross square feet of Use Group 2 floor area would be permitted. The building would contain three dwelling units, 2,216 square foot units on the second floor and third floor, and a 4,181 square feet triplex unit consisting of the building's fourth, fifth, and mezzanine levels.

The proposed action required Landmarks Preservation Commission (LPC) approval because the property lies within the Soho Cast Iron Historic District. The applicant has presented before the LPC and has received an LPC Certificate of Appropriateness and a report relating to the preservation programs in connection with the Application and the use modification. The build year for the project is 2012.

The project is located at 70 Greene Street bounded Broome Street, Greene Street, Spring Street and Mercer Street, in a M1-5A District within the Soho-Cast Iron Historic District neighborhood of Manhattan, Community District 2, New York.

Contact: Celeste Evans, New York City Department of City Planning, 22 Reade Street Room 4E, New York, NY 10007, Phone: (212) 720-3321, Email: c_evans@planning.nyc.gov.

Notice of Acceptance of Final EIS

Kings County (Brooklyn) - The New York City Office of the Deputy Mayor for Economic Development, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Admirals Row Plaza. The Final EIS is available on line at: www.nyc.gov/oec .

The action involves a proposed project, which is expected to be constructed and operational by 2014, would contain approximately 270,000 total square feet of development, including a full-service supermarket of approximately 60,000 square feet, approximately 76,000 square feet of retail ranging from small local stores to destination retailers, approximately 7,000 square feet of community facility/non-profit office space, approximately 126,000 square feet of light industrial space, and approximately 1,000 square feet of enclosed bicycle parking space. In total, three new buildings would be developed, ranging in height from approximately 32 to 92 feet. Approximately 300 accessory parking spaces would be provided for the retail and community facility/non-profit office uses in a surface lot that would be accessed from both Flushing Avenue and Navy Street. The light industrial space would be developed above the supermarket and would have a separate entrance from inside the Brooklyn Navy Yard industrial park, which borders the project site. Parking for the light industrial space would be provided in existing parking areas inside the industrial park. Development would incorporate both new construction and renovation or reconstruction of two existing historic structures, known as Building B and the Timber Shed. The new development would be compliant with New York City Local Law 86 of 2005 and would be designed to meet the standards for LEED Silver Certification by the U.S. Green Building Council. Work on the two existing historic structures would meet the Secretary of the Interior's Standards for the Treatment of Historic Properties. The proposed project would result in the demolition of the remainder of the existing structures located on the project site. The project is located at Navy Street and Flushing Avenue in Brooklyn, New York.

Contact: Shani Leibowitz, 63 Flushing Avenue, Unit 300, Brooklyn, NY 11205, Phone: (718) 907-5955, E-mail: sleibowitz@brooklynnavyyard.com.

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