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ENB - Region 2 Notices 7/12/2017

Public Notice

The New York State Department of Environmental Conservation (NYS DEC) has received a Brownfield Cleanup Program (BCP) application from 185 Avenue D LLC and Roman Catholic Church of Saint Emeric for a site known as CE - East 11th Street MGP - OU-3, site ID #C231105. This site is located in the Borough of Manhattan, within the County of New York, and is located at 181 Avenue D.

A copy of the application and other relevant documents are available at the document repositories located at NYC Public Library - Tompkins Square Branch, 331 East 10th Street, New York, NY 10009 and Manhattan Community Board 3, 59 East 4th Street, New York, NY 10003.

There are several ways to comment on BCP applications. Comments can be submitted to the site Project Manager: Gardiner Cross, NYS DEC - Division of Environmental Remediation, 625 Broadway,11th Floor, Albany, NY 12233-7014, Phone: (518) 402-9664, E-mail: gardiner.cross@dec.ny.gov. All comments must be submitted by August 11, 2017.

Site information can be viewed by entering the site ID noted above at: http://www.dec.ny.gov/cfmx/extapps/derexternal/index.cfm?pageid=3.

We would also encourage those interested in receiving information on future activities at this site or any other site to sign up to NYS DEC's Contaminated Sites e-mail list at: http://www.dec.ny.gov/chemical/61092.html.

What is the Brownfield Cleanup Program?

New York's Brownfield Cleanup Program (BCP) is designed is to encourage private-sector cleanups of brownfields and to promote their redevelopment as a means to revitalize economically blighted communities. The BCP is an alternative to "greenfield" (land not previously developed or contaminated) development and is intended to remove some of the barriers to, and provide tax incentives for, the redevelopment of brownfields. Since its inception (2003), the BCP has catalyzed the cleanup of more than 300 contaminated sites statewide and incentivized redevelopment. There are more than 350 active sites in the BCP.

Additional information on the New York State's Brownfield program is available at NYS DEC's website: http://www.dec.ny.gov/chemical/8450.html.


The New York State Department of Environmental Conservation (NYS DEC) has received a Brownfield Cleanup Program (BCP) application from C Plus Realty, LLC for a site known as 2135 Westchester, site ID #C203093. This site is located in the City of New York, within the County of Bronx, and is located at 2135 Westchester Avenue, Bronx NY 10462.

A copy of the application and other relevant documents are available at the document repositories located at Bronx Library Center, 310 East Kingsbridge Road, Bronx, NY 10458 and Bronx Community Board 9, 1967 Turnbull Avenue, Rm.7, Bronx, NY 10473.

There are several ways to comment on BCP applications. Comments can be submitted to the site Project Manager: Ruth Curley, NYSDEC - Division of Environmental Remediation, 625 Broadway, 12th Floor, Albany, NY 12233-7016, Phone: (518) 402-9767, E-mail: ruth.curley@dec.ny.gov. All comments must be submitted by August 11, 2017.

Site information can be viewed by entering the site ID noted above at: http://www.dec.ny.gov/cfmx/extapps/derexternal/index.cfm?pageid=3.

We would also encourage those interested in receiving information on future activities at this site or any other site to sign up to NYS DEC's Contaminated Sites e-mail list at: http://www.dec.ny.gov/chemical/61092.html

What is the Brownfield Cleanup Program?

New York's Brownfield Cleanup Program (BCP) is designed is to encourage private-sector cleanups of brownfields and to promote their redevelopment as a means to revitalize economically blighted communities. The BCP is an alternative to "greenfield" (land not previously developed or contaminated) development and is intended to remove some of the barriers to, and provide tax incentives for, the redevelopment of brownfields. Since its inception (2003), the BCP has catalyzed the cleanup of more than 300 contaminated sites statewide and incentivized redevelopment. There are more than 350 active sites in the BCP.

Additional information on the New York State's Brownfield program is available at NYS DEC's website: http://www.dec.ny.gov/chemical/8450.html.


Notice of Public Comment Period

Project Title:

2017 Jamaica Bay / Tribs LTCP 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 EC), DEC Case # CO2-20110512-25, a.k.a. NYC CSO Order.

DEC Region: 2

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

Lead Agency: NYS DEC, Division of Water, Albany

Brief Description:

The NYC CSO Order was executed between the NYS DEC and the NYC DEP in 2005 and was modified in 2008, 2009, 2012, 2015, 2016, and 2017. The NYC CSO Order includes various milestones and projects associated with abatement of Combined Sewer Overflows (CSO) within New York City. Pursuant to Paragraphs XVI.A and D.3 of the 2005 CSO Order, the NYS DEC is required to publicly notice "[i]n the event of a substantive and significant modification to the construction compliance schedules provided for in this Order." The 2017 Jamaica Bay / Tribs LTCP Modification to the NYC CSO Order consists of changes to the following Appendix A milestones:

Consent Order, Appendix A Current Milestone Date New Milestone Date
XII. Jamaica Bay CSO, L. Submit Approvable Drainage Basin Specific LTCP for Jamaica Bay / Tribs June 2017 June 2018


Over the past two years, the NYC DEP has undertaken numerous activities to develop the Jamaica Bay / Tribs Long-Term Control Plan (LTCP), including conducting extensive water quality sampling and flow-monitoring and updating the landside model. During the updating of the model, the NYC DEP determined that the sewer system covered under the Jamaica Bay / Tribs LTCP was more complex and required a more detailed analysis than previously anticipated. In addition, there are several long-term sewer build-out projects and land use planning changes that are occurring in the drainage basin that may impact CSO flows that need to be factored into the LTCP development. As such, the NYC DEP determined that it needed additional time to complete development of the LTCP. The milestone extension for the Jamaica Bay / Tribs LTCP will allow the NYC DEP to complete the additional analysis and incorporate all relevant changes to the model to support development of the LTCP.

Document Availability: Hard copies of the 2005 CSO Order and approved modifications are available for public review at the following offices of the NYS DEC and NYC DEP:

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

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

Julia Bourdier
NYC DEP - Bureau of Legal Affairs
59-17 Junction Boulevard
Flushing, NY 11373
Phone: (718) 595-6555

Public Comment Period:

The 30 day comment period commences on July 12, 2017 and concludes on, August 11, 2017. Comment may be submitted to the NYSDEC contact person listed below.

Comments and Questions regarding the 2017 Jamaica Bay / Tribs LTCP Modification can be directed to: Gary Kline, NYSDEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3506, Phone: (518) 402-9655, Fax: (518) 402-9029 E-mail: gary.kline@dec.ny.gov.


Notice of Acceptance of Final EIS (Correction)

New York County (Manhattan) - The Metropolitan Transit Authority (MTA) New York City Transit, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Emergency Ventilation Plant for the Lexington Ave Subway Line between 33rd St./Park Ave South & Grand Central Terminal/42nd St. Stations. The Final EIS is available from the Epiphany Library, 228 East 23rd Street., New York, NY 10010; the Mid-Manhattan Library, 455 5th Avenue, New York, NY 10016; the Grand Central Branch Library, 135 East 46th Street, New York, NY 10017; the Kip's Bay Library, 446 3rd Avenue, New York, NY 10016; the Manhattan Community Board 6, P.O. Box 1672, New York, NY 10159-1672, Phone: (212 )19-3756, E-mail: office@cbsix.org (temporary address while office moves to a new location); the Manhattan Community Board 5, 450 Seventh Avenue, Suite 2109, New York, NY 10123 and on line at: http://web.mta.info/mta/planning/index.html.

The action involves the construction and operation of a new emergency ventilation plant (EVP) to provide necessary mechanical ventilation to serve the Lexington Avenue Subway Line between the 33rd Street/Park Avenue South Station and the Grand Central/42nd Street Station, located on Park Avenue in the Murray Hill neighborhood of Manhattan, New York, which currently has no such protection for Fire-Life Safety. The EVP would be located below grade within the Murray Hill Historic District which is designated by the New York City Landmarks Preservation Commission, the New York State Historic Preservation Office, and the National Register of Historic Places.

The Final EIS evaluated the Proposed Action for potential environmental impacts (generally related to construction impacts); transportation (traffic, parking, pedestrian and transit); air quality; noise and vibration; historical and cultural resources; social and economic conditions (community facilities and services, open space/parkland and recreational facilities, community character, urban design, visual resources, environmental justice and public health); natural resources; contaminated and hazardous materials; infrastructure, energy and solid waste; safety and security; cumulative effects; irretrievable and irreversible commitments of resources; unavoidable adverse impacts; and growth inducing aspects of the proposed action.

The action evaluated thirteen 13 alternative sites which were initially identified in the project Draft Scoping Document, issued May 18, 2016. The alternatives considered the siting of the EVP at 13 potential locations between 36th to 39th Streets: on the side streets east and west of Park Avenue; and, on northbound (NB) Park Avenue. From among these 13 alternatives, two Candidate Alternatives, 11 & 12, were identified for further evaluation. After the Final Scoping Document and Alternative Analysis/Feasibility Evaluation were issued on February 8, 2017, MTA NYCT identified, two (2) additional options that it judged offered the potential to reduce EVP facility presence on Park Avenue. This would be achieved by placing elements of the EVP on side streets; these options are referred to as Alternatives 11A and 12A. These two (2) additional options, along with Candidate Alternatives 11 and 12, previously identified in the Scoping documents, and the No Action Alternative were evaluated in the Draft Environmental Impact Statement (Draft EIS).

Alternative 11 is located along Park Avenue NB between East 37th and East 39th Streets; and, Alternative 11A presents an "L" shaped configuration, with one "leg" on Park Avenue NB between East 38th and East 39th Streets and the other "leg" on E 38th Street, east from Park Avenue. Alternative 12 is located on Park Avenue NB between East 36th and East 38th Streets; and, Alternative 12A presents an "L" shaped configuration, with one "leg" on Park Avenue NB between East 36th and East 37th Streets and the other "leg" on East 37th Street, east from Park Avenue.

NYCT analysis during the DEIS process indicated that Alternatives 11A and 12A would engender significantly more adverse engineering and environmental effects/impacts than Candidate Alternatives 11 & 12. Further analysis determined that between Candidate Alternatives 11 and 12, Candidate Alternative 12 indicates a greater potential to minimize significant adverse impacts than Candidate Alternative 11. This difference results from consideration of an Oil-o-Static line and associated manhole located in Park Avenue NB; specifically, Candidate Alternative 11 would require the relocation of the Oil-o-Static line and associated manhole whereas Alternative 12 would minimize effects on that utility. Thus, NYCT considered and identified Alternative 12 to be the tentative preferred alternative upon issuance of the DEIS.

The Draft EIS was issued on March 15, 2017 and a Public Hearing was held on April 5, 2017; the associated comment period for the Draft EIS closed on April 28, 2017. During the Draft EIS comment period, over 120 commenters submitted commentary to NYCT (in letters, "online" on the website, and oral and written testimony).

NYCT reviewed and responded to all of the comments and appended the Response to Comments to the subsequently prepared Final EIS. As a result of the NYCT's review of all the comments from the public and elected officials, NYCT has concluded that Candidate Alternative 12 is the Preferred Alternative which, in aggregate, based on engineering, economic and environmental factors, provides the greatest potential to minimize significant adverse effects/impacts during construction and operation.

Contact: Emil F. Dul, MTA New York City Transit, 2 Broadway, 5th Floor, New , NY 10004 , Phone: (646) 252-2405, E-mail: Emil.Dul@NYCT.com.



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