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ENB - Region 2 Notices 2/13/2019

Notice of Supplemental Public Comment Hearing and Extension of Public Comments

Applicant:

Transcontinental Gas Pipe Line Company LLC
2800 Post Oak Blvd Level 17
Houston, TX 77056

Project:

Northeast Supply Enhancement Project

DEC Application IDs:

2-9902-00109/00002 ETS
2-9902-00109/00003 EF
2-9902-00109/00004 WQC
2-9902-00109/00005 SPDES

Permit(s) Applied for:

Article 11 Title 5 Endangered/Threatened Species (Incidental Take)
Article 15 Title 5 Excavation & Fill in Navigable Waters
Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge
Section 401 - Clean Water Act Water Quality Certification

Project Location:

Raritan Bay (Queens and Richmond County)

Project Description:

The Northeast Supply Enhancement Project (NESE Project) is a 26 inch diameter pipeline proposed by Transcontinental Gas Pipe Line Company LLC (Transco) that would transport natural gas from Pennsylvania through New Jersey, travelling underwater in the Raritan Bay and Lower New York Bay to approximately three miles offshore of the Rockaway Peninsula in Queens Borough. Approximately 23.5 miles of underwater pipeline will be installed, of which approximately 17.4 miles would be in New York State waters.

The NESE Project would connect to the existing Rockaway Delivery Lateral in Queens, and would provide 400,000 dekatherms per day of incremental capacity to National Grid to serve customers in Brooklyn, Queens, and Long Island. According to Transco, the project is intended to support reliability as well as help displace the use of oil.

The NESE Project would be installed a minimum of 4 feet below the sea floor through a combination of jet trenching, clamshell dredging and horizontal directional drilling (HDD). Construction would be phased to avoid potential impacts to marine species. If permits are ultimately issued, compensatory mitigation would be required to offset unavoidable impacts to benthic resources, including shellfish.

Water Quality Certification (WQC) Application:
In accordance with Clean Water Act Section 401, prior to commencing construction, applicants seeking a federal license or permit for activities that may result in a discharge to navigable waters must obtain a WQC from the NYSDEC indicating that the proposed activity will comply with State water quality standards. The review and issuance of a Water Quality Certification would also require approvals pursuant to Environmental Conservation Law (ECL) Article 11, Endangered and Threatened Species and Article 15, Protection of Waters.

State Pollutant Discharge Elimination System (SPDES) Application:
Prior to putting the pipeline into service, the line will be hydrostatically tested with filtered seawater treated with a corrosion inhibitor and a non-toxic fluorescent dye. The applicant has applied for an Industrial State Pollutant Discharge Elimination System (SPDES) permit for the discharge of the hydrostatic test water to two outfall locations. A draft SPDES permit (NY0296457) has been prepared which includes flow rate monitoring; BPJ-based effluent limits for benzene, toluene, xylene; and technology-based effluent limit for oil and grease. Permit details can be seen in a draft permit and fact sheet on NYSDEC's website: http://www.dec.ny.gov/permits/6054.html.

Availability of Application Documents:

Filed application documents, and NYSDEC 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. The documents are also available at: http://northeastsupplyenhancement.com/ and:

Bay Ridge Public Library
7223 Ridge Blvd
Brooklyn, NY 11209
(718) 748-5709

St. George Library Center
5 Central Ave
Staten Island, NY 10301
(718) 442-8560

Queens Library at Seaside
116-15 Rockaway Beach Blvd
Rockaway Park, New York 11694

National Environmental Policy Act (NEPA) Determination:

The Federal Energy Regulatory Commission (FERC) is the lead agency for the environmental review of interstate natural gas pipelines under the federal Natural Gas Act. FERC staff prepared a Final Environmental Impact Statement (Final EIS), dated January 25, 2019 for the NESE Project, Docket No. CP17-101, pursuant to NEPA. The FERC Final EIS can be viewed and downloaded at: https://elibrary.ferc.gov/idmws/docket_search.asp by entering the Docket No. and the date of the Final EIS in the search boxes.

The federal environmental review process conducted by FERC pursuant to NEPA takes the place of an environmental review conducted under the State Environmental Quality Review Act. NYSDEC evaluates the FERC NEPA documents and the permit applications submitted by applicants to NYSDEC to ultimately make a determination regarding issuance of NYSDEC authorizations.

State Environmental Quality Review (SEQR) Determination:

This project is not subject to SEQR (federally preempted) and therefore is treated as if it was 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 activity is being reviewed in accordance with federal historic preservation laws (Section 106 of NHPA) and the project area of potential impact is substantially the same.

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.

Statutory and Regulatory Provisions:

The above referenced applications were filed and reviewed pursuant to Environmental Conservation Law (ECL) Article 3, Title 3 (General Functions, Powers, Duties and Jurisdiction), and Article 70 (Uniform Procedures Act or UPA); and pursuant to Title 6 of Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 621- Uniform Procedures. The relevant regulations are found at: Part 182 (Incidental Take Permits), Part 608 (Protection of Waters), Part 750 (SPDES) and Section 401 of the federal Clean Water Act (CWA) (33 USCA 1341).

The project is required to demonstrate the ability to obtain coverage under the State Pollutant Discharge Elimination System Stormwater General Permit for Construction Activities (GP-0-15-002) prior to conducting any construction activities that disturb greater than one acre.

Public Comment Hearing:

Pursuant to 6 NYCRR 621.8, a public comment hearing for the receipt of public comments on the permit applications will be held on Tuesday February 26, 2019 at the following location:

Bay Ridge Manor House
476 76th St.
Brooklyn, NY 11209
(718) 748-8855

There will be two sessions for comment, one session will begin at 2:00 p.m. and the second session will begin at 6:00 p.m.

Supplemental Public Comment Hearing:

A supplemental Public Comment Hearing will be held on March 6, 2019 at 5:00 p.m. at

Rockaway Park High School for Environmental Sustainability
100-00 Beach Channel Drive
Rockaway Park, New York 11694
(718) 734-3280

All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to notify New York State Department of Environmental Conservaiton (NYS DEC) in advance to speak at the public comment hearing. Equal weight will be afforded to both oral and written statements. Lengthy statements should be in writing and summarized for oral presentation. The presiding Administrative Law Judge (ALJ) may set reasonable time limits for each speaker to afford everyone an opportunity to be heard. The hearings are fully accessible to persons with a mobility impairment. Interpreter services will be made available to the hearing impaired at no charge upon written request to Molly T. McBride, ALJ, NYS DEC, 625 Broadway, Albany, NY 12233, Phone: (518) 402-9003 no less than one week prior to the hearing.

Opportunity for Public Comment:

Written comments submitted to NYSDEC during this comment period and oral comments given at the Public Comment Hearing are considered part of the record. At the conclusion of the public comment period NYSDEC will determine pursuant to 6 NYCRR 621.8 whether substantive or significant issues have been raised in the public comments or public comment hearing to warrant an Adjudicatory Hearing. If no issues are raised to warrant further adjudication, NYSDEC will proceed to a final permit determination, either denying the permit(s) or issuing the permit(s), which may include developing a response to comments.

Individuals and parties may file written comments to the NYS DEC representative listed below or may submit comments electronically at NESEproject@dec.ny.gov.

All written filed comments and electronically submitted comments must be received no later than 5:00pm on March 15, 2019.

Contact:

Karen Gaidasz
NYSDEC - Division of Environmental Permits
Major Projects Management
625 Broadway, 4th Floor
Albany, NY 12233-1750
Phone: (518) 402-9167
Fax: (518) 402-9168


Public Notice

The New York State Department of Environmental Conservation (NYS DEC) has received a Brownfield Cleanup Program (BCP) application from Innovative Urban Living, LLC for a site known as 12120 Flatlands Avenue, site ID #C224290. This site is located in the Borough of Brooklyn within the County of Kings and is located at 12120 Flatlands Avenue.

A copy of the application and other relevant documents are available at the document repositories located at Brooklyn Public Library, Spring Creek Branch, 12143 Flatlands Avenue, Brooklyn, NY 11207 and Brooklyn Community Board 5, 404 Pine Street, 3rd Floor, Brooklyn, NY 11208.

There are several ways to comment on BCP applications. Comments can be submitted to: Steven Wu , NYS DEC-Region 2 Office, Division of Environmental Remediation, 47-40 21st Street, Long Island City, NY 11101-5401, Phone: (718) 459-7801, E-mail: steven.wu@dec.ny.gov. All comments must be submitted by March 15, 2019.

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 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.


Negative Declaration

New York County (Manhattan) - The New York City Planning Commission, as lead agency, has determined that the proposed Ennis Francis Houses Large Scale Residential Development (LSRD) will not have a significant adverse environmental impact. The action involves a request by the applicant, Carthage Real Estate Advisors LLC, for a modification to Special Permit C840090 ZSM pursuant to ZR Sections 78-312 and 78-313 to facilitate the construction of two buildings (residential and mixed residential/community facility). The project is located at 206-254 West 124th Street in Manhattan Community District 10, New York.

Contact: Olga Abinader, New York City Department of City Planning, 120 Broadway 31st Floor, New York, NY 10271; Phone: (212) 720-3493, Fax: (212) 720-3495, Email: oabinad@planning.nyc.gov.


Bronx and Queens Counties (Bronx and Queens) - The New York City Department of Environmental Protection (NYC DEP), as lead agency, has determined that the proposed Rikers Island North and South Pump Station Upgrade will not have a significant adverse environmental impact. The action involves a proposal by NYC DEP to upgrade two existing sanitary pumping stations located on Rikers Island in the borough of the Bronx, the Rikers Island North Pump Station (RINPS) and the Rikers Island South Pump Station (RISPS), in order to improve the facilities' efficiency, reliability, and ease of maintenance. These wastewater collection and pumping facilities send flow to the Bowery Bay Wastewater Treatment Plant in the borough of Queens and are operated by NYC DEP but owned by the New York City Department of Corrections (NYC DOC).
Improvements to the RINPS will make the station more reliable and reduce operation and maintenance issues.
Although the RISPS is operational, it requires a complete upgrade to bring it into compliance with environmental health and safety requirements, current design standards, and regulatory requirements. The project is located at 11-11 Hazen Street in Queens, New York.

Contact: Mitchell Wimbish, NYC DEP, 59-17 Junction Boulevard, 11th Floor, Flushing, NY 11373, Phone: (718) 595-4451, E-mail: mitchellw@dep.nyc.gov.


Positive Declaration, Availability of Draft Scope and Public Meeting

Kings County (Brooklyn) - The New York City Department of City Planning, as lead agency, has determined that the proposed 960 Franklin Avenue Rezoning may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The Draft Scope is available from Olga Abinader, New York City Department of City Planning, Environmental Assessment and Review Division, 120 Broadway, 31st Floor, New York, NY 10271, Phone: (212) 720-3493; Hilary Semel, Mayor's Office of Environmental Coordination, 253 Broadway, 14th Floor, New York, NY 10007, Phone:(212) 676-3273 and on line at: https://www1.nyc.gov/site/planning/applicants/scoping-documents.page. A public meeting on the Draft Scope will be held on March 12, 2019 at 1:00 p.m. at the New York City Department of City Planning, City Planning Commission Hearing Room, 120 Broadway, Concourse Level, New York, NY 10271. Comment s on the Draft Scope will be accepted until March 25, 2019.

The action involves a request by the Applicant, Franklin Ave. Acquisition LLC, for a series of discretionary approvals from the New York City Planning Commission. The land use actions include: a zoning map amendment to change an R6A district to an R9D with a C2-4 commercial overlay; a zoning text amendment to establish a Mandatory Inclusionary Housing (MIH) area; a special permit for a Large Scale Residential Development (LSRD); and a special permit for a reduction in required parking spaces to facilitate the proposed development (Proposed Actions).

The area affected by the Proposed Actions consists of a portion of the block bound by Montgomery Street, Franklin Avenue, Sullivan Place, and Washington Avenue in the Crown Heights neighborhood of Brooklyn Community District (CD) 9, New York. The sites within the affected area are located on Block 1192 and include Lots 40, 41, 46, 63, and 66, the Development Site, as well as Lot 40 and part of Lots 1, 77, and 85, the Affected Area. The Proposed Actions would facilitate the development of two buildings totaling 1,369,314 gross square foot. The first proposed building would be a 39 story, 431 foot mixed-use building with 705,652 gross square foot of residential space or approximately 810 dwelling units (DUs), approximately 9,641 gross square foot of local retail space. The second proposed building would be a 39 story, approximately 434 foot mixed-use building with 663,662 gross square foot of residential space or approximately 768 DUs, approximately 11,542 gross square foot of local retail space, and approximately 9,678 gross square foot of community facility space. In total, the Applicant's proposed development would have approximately 1,578 residential units including up to 789 affordable residences (of which 473 would be affordable pursuant to MIH), approximately 21,183 gross square foot of local retail space, and approximately 9,678 gross square foot of community facility space.

Absent the Proposed Actions, an as-of-right residential development would be constructed on the Development Site (lots 41, 46, 63 and 66) in two phases pursuant to the existing R6A zoning district, which permits 3.0 FAR and a maximum base height of 60 foot (65 foot with a qualifying ground floor) with a maximum building height of 7 foot (75 foot with a qualifying ground floor). The development in the no-action scenario would provide a total of approximately 414,607 gross square foot of residential space with approximately 518 dwelling units.

The net change that would result from the Proposed Actions is an addition of 1,060 dwelling units (848,418 gross square foot), 21,183 gross square foot of local retail uses, 9,678 gross square foot of community facility uses, and a net decrease of approximately 79 accessory parking spaces. The analysis year for the proposed actions is 2024.

Contact: Olga Abinader, New York City Department of City Planning, 120 Broadway 31st Floor, New York, NY 10271; Phone: (212) 720-3493, Fax: (212) 720-3495, Email: oabinad@planning.nyc.gov.


Notice of Acceptance of Draft EIS and Public Hearing

Richmond County (Staten Island) - The New York City Planning Commission, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Bay Street Corridor Rezoning and Related Actions. A public hearing on the Draft EIS will be held on February 27, 2019 at 10:00 a.m. at the New York City Planning Commission Hearing Room, Lower Concourse, 120 Broadway, New York, NY 10271. Written comments on the Draft EIS will be accepted until March 11, 2019. The Draft EIS is available from the New York City Department of City Planning, Environmental Assessment and Review Division, 120 Broadway, 31st Floor, New York, NY 10271 and on line at: https://www1.nyc.gov/site/planning/applicants/env-review/bay-street-corridor.page.

The action involves a proposal by the New York City Department of City Planning (NYC DCP), together with New York City Department of Housing Preservation and Development (NYC HPD) and the New York City Department of Citywide Administrative Services (NYC DCAS), for a series of land use actions including zoning map and text amendments, disposition of city-owned property, and Urban Development Area Action Project (UDAAP) designation (collectively, the Proposed Actions) to implement recommendations of the Bay Street Corridor Neighborhood Planning Initiative (the Plan). The Plan is the subject of an ongoing community process to create opportunities for housing, including affordable housing, commercial development, and improved public spaces and infrastructure. The Proposed Actions would affect an approximately 20 block area (Project Area) in Downtown Staten Island (roughly defined as Tompkinsville, Stapleton, and St. George neighborhoods), Community District 1, New York.

Contact: Olga Abinader, New York City Department of City Planning, 120 Broadway 31st Floor, New York, NY 10271; Phone: (212) 720-3493, Fax: (212) 720-3495, Email: oabinad@planning.nyc.gov.


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