ENB - REGION 2 NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Remedial Action Work Plan for OU 2 of the Brooklyn Navy Yard Voluntary Cleanup Program

Project Title: Availability of the Proposed Remedial Action Work Plan for public comment for Brooklyn Navy Yard (BNY), Film Studio Site Operable Unit 2 (OU 2), Voluntary Cleanup site. Site No. V00120.

Project Location: Former Building No. 294 (Operable Unit-2), Brooklyn Navy Yard Industrial Park, Brooklyn, New York 11205. This Operable Unit occupies approximately 9.3 acres in the immediate vicinity of Former Building 294 and includes a former electric transformer area, “Substation H”, as well as a former drum storage area, “Former Drum Storage Area C”.

Brief Project Description: In March 1998, the New York State Department of Environmental Conservation, the Brooklyn Navy Yard Development Corporation and the City of New York entered into a Voluntary Cleanup Agreement (VCA). The purpose of this agreement is to investigate and remediate any potential contamination at the 213-acre former Brooklyn Navy Yard in Brooklyn, New York. The proposed redevelopment of a portion of this property includes the potential for two commercial film studios: one located at the site of Former Building No. 296 (Operable Unit 1), which is nearing completion, and one at Former Building 294 (Operable Unit-2), the subject of this notice. While the long-term plans for the Former Building 294 area still include a second studio, the immediate plan is to develop the area for parking, roadways and utilities in support of the existing studio. The site is zoned for industrial and commercial uses.

Environmental Findings:
Soil: Throughout the site a fill layer exists 0-15 feet below grade. The fill layer was found to have concentrations of metals and Polyaromatic Hydrocarbons (PAHs) identified at levels moderately above a number of state cleanup objectives for unrestricted reuse. These soil contaminants are attributed to anthropogenic sources, namely urban fill (i.e. coal residue, cinder ash, and brick fragments), which is ubiquitous at the BNY. At Substation H and Former Drum Storage Area C, PCB contaminants were reported at varying depth below grade. Levels were higher than the State's cleanup goal of 1 mg/kg at the surface, and 10 mg/kg in the subsuface.

Groundwater and Soil Gas: The groundwater table elevation is about 10-15 feet below grade. While the site investigation determined that on-Site groundwater and soil gas do not present a significant health hazard to potential receptors, groundwater did exhibit minor exceedances of drinking water standards; however, major excesses indicative of a significant source area were not encountered. Groundwater is affected by saltwater intrusion that has resulted in regional saline degradation, making groundwater consumption an unlikely scenario. No volatile organic compounds were detected in soil gas, meaning vapor intrusion is not a concern at this site.

Proposed Remedial Action Work Plan requirements include:
1. Implementation of a Remedial Action Design for Substation H and Former Drum Storage Area C (Quay, January 2004), which requires soil removal to a cleanup level of 1 mg/kg in the upper two feet and 10 mg/kg at depth. Concrete will be cleaned to remove PCB contaminants to a level of <10 ug/cm square.

2. Construction of parking facilities and roadway structures that will provide an engineered barrier "cap" eliminating exposure to subsurface soils. The "cap" will be constructed of asphaltic materials, measured to a minimum depth of 6 inches. Areas not covered by asphalt or concrete shall be covered with a minimum of one foot of clean soils and will be vegetated.

3. Implementation of an Environmental Easement for the Site. The Environmental Easement will provide the following institutional and engineering controls (IC/ECs):

4. A Soils Management Plan and Community Health and Safety Plan be implemented during all remedial and construction activities at the site.

5. The implementation of the permanent remedy will be documented in the Remedial Action Report (RAR) and reported to DEC.

Written and oral comments on the Remedial Action Work Plan will be accepted until November 12, 2004. The Remedial Action Work Plan can be viewed at any of the document repositories listed below. Written comments expressing objection or opposition to the project must explain the basis of that opposition and identify the specific grounds, which could lead the department to impose significant changes to the Work Plan. No formal response will be made to comments received, but, as a result of comments, the Department may re-evaluate and require the volunteer to make revisions to the Work Plan.

Contact person:
Jonathan Greco
NYSDEC 625 Broadway
Albany, NY 12233-7016
Phone: (518) 402 - 9694
FAX: (518) 402 - 9773
E-Mail jxgreco@gw.state.ny.us

Document Repositories:
New York State Department of Environmental Conservation
Region 2
1 Hunters Point Plaza
47-40 21st Street
Long Island City, NY 11101-5407

Brooklyn Community Board #1
435 Graham Avenue
Brooklyn, NY 11211
Phone: (718) 389-0009

Brooklyn Community Board #2
30 Third Avenue, 6th Floor
Brooklyn, NY 11217
Phone: (718) 596-5410

Brooklyn Public Library
Central Library
Grand Army Plaza
Brooklyn, NY 11238


Brownfield Cleanup Program

Harlem Park Block 1749, Lots 31, 33, 35, 40 and 43
City of New York, New York County
State of New York

Pursuant to ECL 27-1407 and 1417

The New York State Department of Environmental Conservation (Department) administers the Brownfield Cleanup Program pursuant to ECL 27-1400 et seq. The Brownfield Cleanup Program is designed to encourage the remediation of contaminated properties known as brownfields for reuse and redevelopment. 1800 Park Avenue, LLC has submitted an application to participate in the Brownfield Cleanup Program. The application was determined to be complete by the Department on October 4, 2004. The property described in the application is located on five lots in the City of New York. The Street address are 71 East 124th Street, 1800-1802 Park Avenue, 1804-1806 Park Avenue, 1808 Park Avenue and 66-70 East 125th Street. The application proposes that the applicant will conduct investigation and/or remedial activities at the site. The application proposes that the site will be used for residential and commercial purposes.

The Department will receive public comments concerning the application for thirty days from October 13, 2004 through November 12, 2004. After review of the application and any public comments received, the Department will determine whether to accept the Applicant’s request to participate in the Brownfield Cleanup Program. If the Department accepts the Applicant’s request to participate, it will execute a Brownfield Cleanup Agreement (BCA) with the Applicant. By executing a BCA, the Applicant would commit to undertake certain remedial activities under the Department’s oversight. A copy of the application as well as copies of an Interim Remedial Measure Work Plan dated 9/04, a Phase I Environmental Site Assessment dated 7/18/03, Geotechnical Report dated 2/20/04, an investigation update dated 8/23/04, a supplemental Phase II Report dated 9/04, a Quality Assurance Project Plan dated 9/04, and a Health and Safety Plan dated 4/04 are available in the document repository for this site located at the New York Public Library, 9 West 124th Street, Manhattan, New York 10027-5699.

The referenced documents are draft and have not been reviewed by the Department staff prior to their release for public comment. The Department, in conjunction with the New York State Department of Health will review these documents during the public comment period.

All citizens are encouraged to offer comments in writing to and refer questions to:
New York State Department of Environmental Conservation
Region 2
47-40 21st Street
Long Island City, NY 11101
ATTN: Joseph O’Connell or Dan Walsh


Negative Declaration

New York City (Richmond) - The New York City Planning Commission, as lead agency, has determined that the proposed Special Natural Area District Text Amendment, CEQR No. 05DCP016Y will not have a significant adverse environmental impact. The action involves the New York City Department of City Planning proposing a zoning text amendment to the Special Natural Area District regulations contained in section 105-00 of the Zoning Resolution. The Special Natural Area Districts are mapped in areas containing significant natural features such as steep slopes, rock outcroppings, forests, wetlands, and streams, and are generally intended to guide development to protect and preserve these natural features.

The proposed action would affect the four natural area districts mapped in the City, which are the NA-1 and NA-3 districts in Staten Island Community Districts 1 and 2, the NA-2 district in the Riverdale section of the Bronx Community District 8, and the NA-4 district in the Fort Totten area of Queens Community District 7. The districts are mapped as overlays in primarily low-density residential zoning districts ( R1-1, R1-2, R2, R3-1, R3-2, R4, R6, and C1 overlays) characterized by detached, attached and mid-rise residential development; community facilities on large parcels such as hospitals, senior care facilities, educational and religious institutions; parkland and open space; and small amounts of local commercial uses.

The proposed action would further strengthen the preservation of significant natural features in accordance with goals of the special district, and would not considerably increase or reduce development in the affected areas. The proposed text amendment would include the following changes:

Absent the proposed action, development in the Special Natural Area Districts would continue to be subject to the existing district regulations. All new development would continue to require an authorization and/or a special permit, as no as-of-right construction of new buildings would be permitted. Site alterations and residential building enlargements on grandfathered lots would be expected to continue without being subject to the district’s regulations.

Contact: Brad Kieves, NYC Department of City Planning, 22 Reade Street, New York, NY 10007, phone: (212) 720-3417.


New York City (Bronx) County - The NYC Dept of City Planning, as lead agency, has determined that the proposed Port Morris/ Bruckner Boulevard Rezoning will not have a significant adverse environmental impact. The action involves the New York City Department of City Planning proposing a zoning map amendment affecting Bronx Community District 1. The proposed zoning map amendment would expand the adjacent existing Port Morris Special Mixed Use District, MX-1, as follows:

Sites expected to be developed as a result of the proposed action include 13 projected development sites. There are 28 potential development sites that are considered less likely to be developed. Under the proposed action, it is projected that approximately 412 dwelling units and 341,413 square feet of commercial and industrial floor area could be developed by 2014. In the future absent the proposed action, no new dwelling units would be permitted and approximately 551,739 square feet of commercial and industrial floor area could be developed by 2014.

Contact: Glen A. Price, NYC Dept. of City Planning, 22 Reade Street, 4E, New York, NY 10007, phone: (212) 720-3491, e-mail: g_price@planning.nyc.gov.


Notice Of Acceptance Of Draft EIS

New York City (Brooklyn) County - The NYC City Planning Commission, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Greenpoint-Williamsburg Rezoning, CEQR No. 04CP003K, ULURP Nos. N 050110 ZRK, 050111 ZMK, 040415 MMK, 040416 MMK, 040417 MMK, 040418 MMK. Pursuant to City Environmental Quality Review (CEQR), Mayoral Executive Order No. 91 of 1977, and the regulations of Article 8 of the State Environmental Conservation Law, State Environmental Quality Review Act (SEQRA) as found in 6 NYCRR Part 617, a Draft Environmental Impact Statement (DEIS) has been prepared for the action described below. Copies of the DEIS are available for public inspection at the office of the undersigned. The proposal involves actions by the City Planning Commission and Council of the City of New York pursuant to Uniform Land Use Review Procedures (ULURP). A public hearing on the Draft Environmental Impact Statement (DEIS) will be held at a later date to be announced, in conjunction with the City Planning Commission’s citywide public hearing pursuant to ULURP. Advance notice will be given of the time and place of the hearing. Written comments on the DEIS are requested and will be received and considered by the Lead Agency until the 10th calendar day following the close of the public hearing.

The New York City (NYC) Department of City Planning is proposing zoning map and text amendments, street demapping and, in association with the NYC Department of Parks and Recreation, park mapping (collectively, "the proposed action") affecting the Greenpoint and Williamsburg areas of northern Brooklyn within Community District 1. The area affected by the proposed action covers approximately 184 blocks in Greenpoint and Williamsburg, and is bounded generally by the East River, the Williamsburg Bridge, the Brooklyn-Queens Expressway, and McGuinness Boulevard.

1. A zoning map amendment to change the zoning in the affected areas from M1-1, M1-2, M3-1, C8-1, C8-2, R6, R6/C1-3, Special Northside Mixed Use District and Special Franklin Street Mixed Use District designations to residential and mixed use districts. The upland areas would be rezoned to: R6, R6A, R6B, M1-2/R6, M1-2/R6A, M1-2/R6B, M1-2/R7A, R6/C1-4, R6A/C1-4, R6B/C1-4, R6/C2-4, R6A/C2-4, and R6B/C2-4, with commercial overlays proposed along Grand Street, Bedford Avenue, North 6th Street, Green Street, and Greenpoint Avenue. R6 and R8 districts are proposed on the waterfront, with commercial overlays on West Street, Kent Avenue, Commercial Street, and a portion of Franklin Street, and with zoning text changes establishing special bulk rules for this waterfront area. In addition, the proposal would rezone an area between McCarren Park and Kent Avenue/Franklin Street, as well as two blocks between Manhattan Avenue and the Pulaski Bridge, from M3-1 to M1-2. The zoning map amendment would affect approximately 184 blocks in the Williamsburg, Greenpoint, and Bushwick Inlet areas.

2. Zoning text amendments in the form of a Waterfront Access Plan (WAP) for the Greenpoint-Williamsburg waterfront between Manhattan Avenue and North 3rd Street, in order to provide for a coordinated network of waterfront open spaces. The WAP would identify specific locations for required shore public walkways, upland connections, supplemental public access areas, and visual corridors.

3. Zoning text amendments modifying use and bulk regulations applicable within the area governed by the Greenpoint-Williamsburg Waterfront Access Plan, to encourage varied building heights, control tower dimensions, and ensure that new development respects adjacent neighborhood scale on the portions of blocks that adjoin to the upland.

4. Amendments to the City Map to demap portions of several streets and map the resulting parcel as parkland. Two different scenarios are analyzed in the EIS, as detailed below:

Scenario A: demap North 9th, North 10th, North 11th, and North 12th Streets, and a portion of Quay Street west of Kent Avenue, and map the resultant approximately 45.5-acre parcel between North 9th Street to the south and the northern edge of Bushwick Inlet to the north as park. The proposed park in this scenario includes approximately 17.7 acres of land under water, for a net of 27.8 acres, including approximately 5.7 acres within street segments being demapped.

Scenario B: demap North 9th, North 10th, and North 11th Streets west of Kent Avenue, and map the resultant approximately 25.4-acre parcel encompassing the area between North 9th Street and the southern edge of North 12th Street as park. The proposed park in this scenario includes approximately 9.5 acres of land under water, for a net of 15.9 acres, including approximately 3.5 acres within street segments being demapped.

Two reasonable worst case development scenarios are presented in the EIS with an analysis year of 2013. Scenario A identifies some as-of-right and variance development is expected to occur on projected development sites in the future without the proposed action (No-Action) under this scenario. Scenario B identifies some as-of-right and variance development is expected to occur on projected development sites and assumes that a 1,100 Megawatt power plant (with an estimated 187,125 sf) would be developed on the Bayside Fuel site under No-Action conditions and would continue to occupy the site in the future with the proposed action, and a smaller park would be developed.

Scenario A: Under this scenario, the new development in the future with the proposed action would consist of 8,257 DUs, and 337,160 sf of commercial/retail, in addition to a new park with a land area of approximately 27.8 acres extending from North 9th Street to the northern edge of Bushwick Inlet (this includes not just the increment compared to no-action conditions, but all development induced by the proposed action in this scenario). The projected incremental (net) change that would result from the proposed action at the 76 projected development sites under Scenario A is 7,391 DU. There would also be 253,698 sf of local retail, a new park with approximately 27.8 acres of land area, -949,997 sf of vacant land, -642,686 sf of vehicle and open storage uses, -557,906 sf in vacant buildings, 1,136,269 sf of industrial/manufacturing/warehousing space, and -24,876 sf of automotive uses.

Scenario B: Similar to Scenario A, the new development induced by the proposed action under Scenario B would consist of 8,257 DUs, and 337,160 sf of commercial/retail, but the new park would be smaller, with a land area of approximately 15.9 acres, and extending only from North 9th Street to the southern edge of North 12th Street. Moreover, under Scenario B, the 1,100 MW power plant assumed under No-Action conditions would continue to occupy the Bayside Fuel site in the future with the proposed action, and the area at the northern edge of Bushwick Inlet would continue to be vacant. The projected incremental (net) change that would result from the proposed action at the 76 projected development sites under Scenario B is 7,391 DUs, 253,698 sf of local commercial/retail space, a new park with approximately 15.9 acres of land area, -555,764 sf of vacant land, -642,686 sf of vehicle and open storage uses, -557,906 sf in vacant buildings, -1,076,864 sf of industrial/manufacturing/warehousing space, and -24,876 sf of automotive uses.

(E) Designations

As described in greater detail in the Hazardous Materials, Air Quality, and Noise chapters of this document, the proposed action includes the mapping of an (E) designation for hazardous materials remediation on all of the projected and potential development sites, with the exception of Site 211 (which would be subject to additional testing and/or remediation as part of either its acquisition by the City during the park mapping process or by TransGas during site development under the New York State Department of Environmental Conservation oversight if the power plant is approved.); as well as the mapping of an (E) designation on 45 projected and potential development sites for noise abatement, on 4 sites for air quality HVAC emissions and on 10 sites for air quality industrial source emissions. The (E) designation is a mechanism which ensures that no significant adverse impacts would result from a proposed action because of steps which would be undertaken prior to the development of a rezoned site. The (E) designation would ensure that these identified sites would not be developed unless necessary remedial measures are implemented.

The proposed zoning map amendment, zoning text amendments, and city map change require approvals by the City Planning Commission and City Council pursuant to Sections 197-c, Section 199, and Section 201 of the New York City Charter. The actions are subject to CEQR. The zoning map amendment is subject to the City’s ULURP. The zoning text amendment is a non-ULURP action, but is subject to review by the City Planning Commission and City Council as noted above. The city map change is subject to the City’s ULURP.

The DEIS identifies potential unmitigatable impacts related to archaeological resources and traffic as a result of the proposed action. The DEIS also considers seven alternatives to the proposed action were considered in this EIS, to examine reasonable and practicable options that avoid or reduce action-related significant adverse impacts and may still allow for the achievement of the stated goals and objectives of the proposed action. The alternatives include: No Action Alternative, No Impacts Alternative, Lesser Density Alternative, Affordable Housing Bonus and Incentives Alternative, Additional Waterfront Development Alternative, Waterfront Urban Design Alternative, and an Affordable Housing Zoning District Alternative.

Copies of the Draft Environmental Impact Statement may be obtained from the Environmental Assessment and Review Division, New York City Department of City Planning, 22 Reade Street, 4E, New York, New York 10007, Robert Dobruskin, Director (212) 720-3423; or from the Office of Environmental Coordination, 100 Gold Street, 2nd Floor, New York, New York 10038, Robert Kulikowski, Director, (212) 788-2937.

Contact: Glen A. Price, Studies Implementation Division, Department of City Planning, 22 Reade Street, 4th Floor, New York, NY 10007, phone: (212) 720-3491, fax: (212) 720-3495.