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Voluntary Cleanup Agreement

Notice of Availability for Comment

Name of Volunteer: Georgetown 19th Street Development, LLC

Site Name and No.: West 19th Street Development, Site No. V00624-2 Index #: W2-0948-03-02

Project Location: The Voluntary Cleanup Site is located between West 18th Street and West 19th Street and bordering 11th Avenue in the Borough of Manhattan, City of New York. The Site is known as Block 690, Lot 12 on the Tax Map of the City of New York.

Brief Project Description: Georgetown 19th Street Development, LLC, under a Voluntary Cleanup Agreement (VCA) with the NYSDEC, has completed an investigation of the approximately 0.6 acre Site. The Site lies within a larger former manufactured gas plant site. The results of the investigation indicate soil and groundwater contamination by volatile organic compounds and semi-volatile organic compounds. Under this VCA, contaminated soils will be removed from the site to facilitate construction of a new commercial office building. Contaminated soils will be properly disposed of at licensed off-site facilities and groundwater associated with construction dewatering will be pretreated and properly disposed of at a wastewater treatment facility. The Site contains a three-story brick building currently used as a truck parking garage, which would be removed as part of the contemplated restricted commercial use of the Site.

The proposed remediation includes: installation of permanent watertight steel sheeting around the building perimeter; excavation of contaminated soil to depths ranging from 15 to 18 feet; removal, pretreatment and off-site disposal of contaminated groundwater from the excavation; disposal of contaminated soils off-site; installation of a vapor-waterproofing barrier membrane at the base and sides of the excavation; installation of the building structural slab and foundation; and installation and operation of a ventilation system for the basement level.

Comment Period:

The Voluntary Cleanup Agreement and Remedial Action Work Plan are available for review at the locations identified below. Written comments on this action must be received by November 14, 2003. No formal response is made to comments received, but, as a result of comments, the Department may re-evaluate and revise the work plan.

Contact: Joseph Moloughney, P.E., NYSDEC project Manager, Remedial Bureau C, Division of Environmental Remediation, NYSDEC, 625 Broadway, Albany, NY 12233-7017; (518) 402-9679 (facsimile); or email - jmmoloug@gw.dec.state.ny.us

The Remedial Action Work Plan is available at: The above office and the Department's Region 2 Office located at 1 Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Phone: (718) 482-4973 (Contact Jane O’Connell for appointment)

Conditioned Negative Declaration

New York City (Queens) County - The NYC Dept. of City Planning, as lead agency has determined that the proposed Jamaica Hospital Nursing Home 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 applicant, Jamaica Hospital Nursing Home Co., Inc., requesting the following discretionary actions in connection with the proposed expansion of the Jamaica Hospital Nursing Home:

A Special Permit from the City Planning Commission (CPC) pursuant to Zoning Resolution (ZR) Section 74-902 (Community Facility Bulk) to permit the allowable community facility floor area ratio of ZR Section 24-11 (Maximum Floor Area Ratio and Percent of Lot Coverage) to apply to a proposed nursing home development; and

Issuance of tax exempt bonds from the Dormitory Authority of the State of New York (DASNY) and related approvals from the Public Authority Control Board (PACB).

In addition, the applicant is seeking a CPC certification pursuant to ZR Section 22-42 (Certification of Certain Community Facilities Uses) that none of the findings which are a precondition of ZR Section 74-903 exist in the Community District within which a nursing home is to be located. This is a ministerial action not subject to CEQR.

The proposed actions would facilitate a proposal by the applicant to construct a new four-story 226-bed nursing home facility on a vacant site formerly occupied by a 225-space parking lot. The site is located on a portion of the block bounded by 134th and 135th Streets and 89th and 91st Avenues (Block 9363, Lots 8, 10, 12, 14, 16, 18, 20, 22, 40, 42, 44, 46, 48, 50, 52 and 54) in Jamaica, Queens, Community District 9. The site is partially zoned R4 and partially R6. The proposed nursing home building would contain 121,000 sq. ft. of zoning floor area, with 84,916 sq. ft.(1.92 FAR) located within the R4 portion of the site and 84,916 sq. ft. (2.67 FAR) within the R6 portion. R4 regulations limit as-of-right community facility FAR to 0.75 while R6 regulations limit it to 2.43 FAR. The proposed Special Permit would allow the proposed expansion to exceed these limits.

The proposed nursing home would replace an existing 204-bed nursing home (owned and operated by Jamaica Hospital), located in Trump Pavilion, 90-28 Van Wyck Expressway Service Road (Block 9364, Lot 1), adjacent to the Jamaica Hospital facility. There would be an increase of twenty two (22) new beds in the proposed facility. The proposed building would also allow the possibility of a future 24-station dialysis center in the cellar. The existing nursing home building is planned to be reused by the Jamaica Hospital as overflow administrative office space for existing employees.

The conditions are:

The applicant agrees to comply with the recommendations presented in the letter dated November 20, 2002 from the New York City Department of Environmental Protection (NYC DEP) regarding hazardous materials conditions on the project site. The recommendations are as follows:

1. In order to adequately identify/characterize the surface and subsurface soils of this site, OEPA recommends that a total of 4 soil borings should be performed on the site in the vicinity of the four corners. Two soil samples should be collected from each test boring (one from the surface interval - 0-2' bgs and one from the subsurface interval at the proposed excavation depth). Each borehole shall be continuously screened with PID/OVA for the presence of VOCs. The collected soil samples should be analyzed by an NYSDOH ELAP-CERTIFIED laboratory for the presence of VOCs by Method 8260, SVOCs (base neutrals and acid extractables) by Method 8270, Pesticides/PCBs by Method 8081/8082 and Priority Pollutant Metals.

2. Groundwater samples will not be necessary due to the depth of the groundwater table.

3. An investigative Protocol/Workplan summarizing the proposed drilling and soil sampling activities should be submitted to DEP. The workplan should include blueprints and/or site plans displaying the current surface grade and sub-grade elevations, and a site map depicting the proposed soil boring locations. Additionally, an investigative Health and Safety Plan (HASP) should be submitted to DEP for review.

4. At the completion of the soil/groundwater sampling activities, a detail report summarizing the investigative findings and summary of analytical results (in tabular form) with correlating NYSDEC TAGM 4046 Guidance Levels, must be submitted to DEP. In addition, a written narrative, updated site map depicting soil boring locations, and remedial recommendations (if warranted) should be submitted to the DEP fro review and approval.

5. Due to the potential for contamination which may exist at the site, a restrictive declaration with DEP that should be binding on the property’s assessors and assigns is necessary to prevent future exposure to either construction workers or occupants. The restrictive declaration restricts the manner in which the property may be developed or redeveloped, by requiring that subsurface testing and remediation measures, if required, serve as a condition precedent to any change of use or subsurface excavation conducted as part of any development or redevelopment of the property.

6. The Workplan and HASP should be submitted to DEP prior to the start of any field work. Upon written approval of this document, the DEP should be notified one week prior to the start of any field work.

The project is located at 89-20/51 134th St. and 89-22/52 135th St. City: Queens State: N.Y. Zip: 11418

Contact: Robert Dobruskin, Director, EARD, e-mail:Rdobrus@planning.nyc.gov