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ENB Region 2 Completed Applications 06/13/2018

Kings County

Applicant:

NYC Dept of Sanitation
125 Worth St
New York, NY 10013 -4006

Facility:

Southwest Brooklyn Marine Transfer Station
Bay 41st St, 25th Ave & Gravesend Bay
Brooklyn, NY 11214

Application ID:

2-6106-00002/00025

Permit(s) Applied for:

Article 15 Title 5 Excavation & Fill in Navigable Waters
Section 401 - Clean Water Act Water Quality Certification
Article 25 Tidal Wetlands

Project is Located:

Brooklyn, Kings County

Project Description:

The Department has made a tentative determination to modify Condition 21 of the existing Tidal Wetlands/Protection of Waters/Water Quality Certification Permit issued to New York City Department of Sanitation (DSNY) for their Southwest Brooklyn Marine Transfer Station (MTS) located at Bay 41st Street, 25th Avenue & Gravesend Bay, Brooklyn, NY 11214. The modification involves a change to the date by which the required tidal wetlands restoration must be completed. Condition 21 currently states "The tidal wetland restoration or creation deemed suitable by DEC staff must be completed prior to the first receipt of waste at this facility." The proposed Condition 21 would state, "The tidal wetland restoration or creation as described in the DSNY Southwest Brooklyn Converted Marine Transfer Station Wetland Mitigation Plan dated August 2013 and revised January 2016 and approved by the NYSDEC on December 20, 2016 must be completed prior to the expiration of this permit on 12/31/19."

A tidal wetland restoration proposal was submitted by DSNY in 2013 and approved by the Department. The proposal required DSNY to contribute towards the NYC Department of Parks and Recreation's (DPR's) restoration plan for the Sunset Cove site along the north shore of Jamaica Bay. This project, to be undertaken solely by DPR, is funded by DSNY, private sources and the NYC Mayor's Office. Funding was provided by DSNY to DPR via a Letter of Funding Commitment dated April 7, 2015; a NYC Office of Management and Budget (OMB) capital project certificate issued on November 5, 2015; and a January 10, 2018 modified Certificate to Proceed issued by OMB replacing the November 5, 2015 certificate. On January 17, 2018, DPR confirmed the schedule for the project. It indicated that the concluding stage of the plan would be plantings in the tidal wetlands, which will be completed around May 2019. The nearly 4-year delay between DSNY's funding for the project, and its scheduled end date set by DPR was not attributable to DSNY.

Due to these facts and good faith efforts by DSNY to perform the mitigation, they have requested that Condition 21 be modified to reflect these facts and efforts. The Department agrees and proposes a minor modification to the permit.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The application type is exempt and/or the project involves the continuation of an existing operational activity.

Coastal Management:

This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jun 28, 2018.

Contact:

Denise L Grattan
NYSDEC Region 2 Headquarters
47-40 21st St
Long Island City, NY 11101
(718)482-4997
DEP.R2@dec.ny.gov


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