ENB - REGION 2 NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice Of Availability

Mid-Course Review for the New York Metropolitan 1-Hour Ozone Nonattainment Area

On December 20, 2004, the New York State Department of Environmental Conservation submitted a document entitled "Mid-Course Review for the New York Metropolitan 1-Hour Ozone Nonattainment Area" to the United States Environmental Protection Agency (EPA). The mid-course review demonstrates that New York State is taking sufficient steps toward attainment of the one-hour ozone standard.

New York State has adopted and implemented all control measures required by the Clean Air Act and has submitted them to EPA for inclusion in the State Implementation Plan for ozone. Review of data, trends and impacting factors show that ozone levels in the New York Metropolitan nonattainment area are declining and that New York is making continued progress toward attainment of the standard.

Copies of the report may be obtained by contacting Mr. Robert D. Bielawa at 518-402-8396 or rdbielaw@gw.dec.state.ny.us.


New York State Brownfield Cleanup Program

Notice of Application to Participate

Applicant: Mehadrin Dairy Corp. and its Affiliate LFW Dairy Corp.

Site Name: 353 McKibbin St.

Site Number: C224102

Site Address: 353 McKibbin St.
Brooklyn, NY 11206

Site County: Kings

The following Notice originally appeared here on December 1, 2004. The Department is republishing this Notice because of the following changes and is extending the comment period to January 29, 2005:

1) The Williamsburgh Library is closed for renovation, and the revised Application and its related documents are now available at the Brooklyn Public Library located at 340 Bushwick Avenue, Brooklyn, NY 11206;

2) The metals data was inadvertently omitted in the groundwater quality data dated September 9, 2004, and has now been restored. Other pages also affected by this omission have been revised. The New York State Department of Environmental Conservation (Department) administers the Brownfield Cleanup Program. The Brownfield Cleanup Program is designed to encourage the remediation of contaminated properties known as brownfields for reuse and redevelopment. The Applicant identified above has submitted an application to participate in the Brownfield Cleanup Program. The application was determined to be complete by the Department and is currently under review for eligibility. The property described in the application is identified by the Site Name and Site Number identified above and is located at the address above. The application proposes that the Applicant will conduct investigation and/or remedial activities at the site, to allow for commercial use of the site.

The Department will accept public comments concerning the application, as well as copies of a Phase I Environmental Site Assessment dated March 31, 2003, a Phase II Environmental Site Assessment dated October 2, 2003, groundwater quality data dated September 9, 2004, and a Toxics Targeting Computerized Environmental Report dated August 6, 2004 for thirty days from December 29, 2004 through January 29, 2005. After review of the application and any public comments received, the Department will determine whether to accept the Applicantís request to participate in the Brownfield Cleanup Program. If the Department accepts the Applicantís request to participate, it will execute a Brownfield Cleanup Agreement (BCA) with the Applicant. By executing a BCA, the Applicant would commit to undertake the project under the Departmentís oversight. The Department will require the Applicant to inform and involve the public during this process. A copy of the application and other relevant documents are available in the document repository for this site located at the Brooklyn Public Library, 340 Bushwick Avenue, Brooklyn, NY 11206.

The applicationís attached documents in the repository have not been reviewed by 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.

The public is encouraged to offer comments in writing and refer questions to the Department representative identified below.

New York State Department of Environmental Conservation
Region 2 Office
47-40 21st Street
Long Island City, New York 11101
ATTN: Daniel Walsh
Phone #: (718) 482-4599

The Departmentís web site provides additional information about the Brownfield Cleanup Program at: www.dec.state.ny.us/website/der/bcp.


Brownfield Cleanup Program
Remedial Action Work Plan
Public Notice of Availability for Comment

DEC Region: #2, Kings County

Lead Agency: New York State Department of Environmental Conservation

Project Title and Site Number: Brownfield Cleanup Program, Availability of Remedial Action Work Plan for Comment. U.S. Dredging Facility, C224043

Project Location: 1 Beard Street, Brooklyn, New York, 11231

Brief Project Description: In 2003, the New York State Department of Environmental Conservation entered into a Voluntary Clean Up Agreement with One Beard St, LLC, a wholly owned subsidiary of IKEA Property Inc., to investigate and remediate the property noted above. In October 2004, the Department determined, upon review of the application from IKEA Property, Inc., inclusive of One Beard Street, LLC, a wholly owned subsidiary of IKEA Property, Inc., that One Beard Street, LLC is eligible to participate in the Brownfield Cleanup Program with respect to the United States Dredging Shipyard Site as a "Volunteer". The site consists of 22.6 upland acres in the Red Hook area of Brooklyn and 25.5 underwater acres in the Erie Basin portion of NYC Harbor. The site is bordered to the north by Beard Street and Halleck Street; to the east by Yellow Freight trucking depot, Columbia Street, and the Port Authority grain terminal; and to the west by other industry.

Large portions of the upland portion of the site were filled in at different periods in the siteís history with waste materials that appear to include coal and incinerator ash, demolition debris, and industrial wastes. From the 1860s to the present shipyards and related ship maintenance and repair operations have occupied the site. Historically, shipyards have utilized a variety of hazardous materials. Contaminants related to the fill and industrial activities include polycyclic aromatic hydrocarbons (PAHs) , petroleum products, solvents, polychlorinated biphenyls (PCBs), and heavy metals such as mercury, arsenic, lead, and copper. The upland and underwater portions of the site contain contaminant hot spots where contaminants in soils or sediments are greater than background levels of contaminants.

The proposed remedial action work plan addresses the upland and underwater portions of the site. Upland remediation will consist of a cap to mitigate exposure to remaining contamination and will include excavation and off-site disposal of contaminated soil as necessary to achieve site background levels in twenty five hot spot areas. Electric transformers, waste stockpiles and other potentially contaminated materials will also be removed for proper off-site disposal. Sub-grade drainage structures will be either removed for off-site disposal, or cleaned and abandoned in place. Soil contamination will remain on-site at concentrations above recommended guidance values. Clean fill material will be imported and graded across the entire site to raise the site grade to create a barrier from existing fill and prevent future exposure. The new buildings, asphalt paved parking areas and concrete walkways will also serve as a cap over the contamination remaining on site. The proposed underwater remedial action includes the dredging of one foot of sediment from four hot spot areas along the shoreline and replacing it with clean materials. The dredged material will be used to fill the remaining dry-dock, provided the concentrations are consistent with the site background contaminant levels.

Comment Period: The Remedial Action Work Plan is available for review at the document repository identified below. Written comments on this action must be received within 45 days of this posting. Written comments expressing objection or opposition to the Work Plan must explain the basis of that opposition and identify specific grounds that could justify the Departmentís imposing significant changes to the Work Plan. Based on these comments, the NYSDEC may require the Volunteer to make revisions to the Work Plan. No formal response will be made to comments received by NYSDEC.

Public meeting: A meeting has been scheduled for Tuesday, January 11 at 7:00 pm to discuss the proposed Remedial Action Work plan at the P.A.L. Maccio Center, 110 West 9th Street, Brooklyn, NY. All interested parties are invited to attend.

Contact Person: Michael MacCabe, P.E., New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7016, Phone: 518-402-9775, Fax: 518-482-9773, Email: mdmaccab@gw.dec.state.ny.us.

Document Repository: Brooklyn Public Library, Red Hook Branch, 7 Wolcott Street, Brooklyn, NY 11231, (718) 935-0203


Notice of Rescheduled Public Scoping Meeting

DEC Region: #2

County: New York

Lead Agency: New York City Department of Environmental Protection

Project Title: Hunts Point Water Pollution Control Plant Phase III Upgrade

Brief Project Description:
The New York City Department of Environmental Protection (NYCDEP) is postponing the public scoping meeting on the Draft Scope of Analysis for the Phase III Upgrade for the Hunts Point Water Pollution Control Plant (WPCP). The public scoping meeting was originally scheduled for January 4, 2005. No meeting will be held on this date. Instead, NYCDEP will hold a public scoping meeting on the Draft Scope of Analysis on Tuesday, February 1, 2005.

Project Location:
Date: Tuesday, February 1, 2005
Time: 7 pm
Location: The Point Community Development Corporation
940 Garrison Avenue, Hunts Point, Bronx
Corner Garrison & Manida (enter on Manida)

In the event of inclement weather, attendees may call 718-595-6272 to obtain cancellation information. If the meeting is cancelled due to inclement weather, it will be rescheduled for Tuesday, February 8, 2005 (same time and location as provided above). To obtain copies of the Draft Scope of Analysis, please contact Crystal Johnson of NYCDEP at the address below.

Contact Person: Crystal Johnson, Project Manager
Office of Environmental Planning and Assessment, 11th Floor
NYC Department of Environmental Protection
59-17 Junction Boulevard
Flushing, NY 11373
T: 718-595-4364
F: 718-595-4479


Conditioned Negative Declaration

New York City (Brooklyn) County - The NYC Department of City Planning, as lead agency, has determined that the proposed 280-290 Logan Street Rezoning (ULURP No. 040389 ZMK, CEQR No. 04DCP031K) 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, Parklane Enterprises, Inc., seeking an amendment to the zoning map to rezone an M1-1 zoning district to an R5 zoning district by extending the adjacent R5 zoning district. The proposed action would facilitate a proposal by the applicant to construct four (4), two-family detached residences on the applicantís property, located at 280-290 Logan Street (Block 4153, Lots 46 and 48), and grant conforming status to existing residential uses.

The approximately 36,000 square-foot rezoning area is located 100 feet south of Atlantic Avenue between Logan and Milford Streets in Block 4153 of Brooklyn, Community District 5, and encompasses Lots 25, 26, 27, 28, 29, 30, 31, 32, 46, 48, 51, 52, and portions of Lots 23, 24, 33, 34, 40, 44, 53, and 54 of Block 4153. The proposed eight (8) dwelling units would be located on Lots 46 and 48, the former of which is currently vacant and the latter of which is occupied by three (3) vacant loft buildings that would be demolished. One off-street accessory parking space would be provided for each dwelling unit, and four new curb cuts would be located on Logan Street. Construction is anticipated to be completed by December 2005.

The proposed rezoning area is primarily comprised of 2Ĺ-story residential structures and vacant lots, and the surrounding uses are primarily residential two- and three-story structures and three-story apartment buildings, and commercial/retail, warehousing, and automotive-related uses. Within 400 feet of the project site are R5, M1-1, and C8-2 zoning districts.

The conditions are:

The following (E) designation for noise will be placed on Block 4153, Lots 46 and 48:
In order to ensure an acceptable interior noise environment, future residential uses must provide a closed window condition with a minimum of 35 dB(A) window/wall attenuation in order to maintain an interior noise level of 45 dB(A). In order to maintain a closed-window condition, an alternate means of ventilation must also be provided. Alternate means of ventilation includes, but is not limited to, central air conditioning or air conditioning sleeves containing air conditioners or HUD-approved fans.

The following (E) designation for hazardous materials will be placed on Block 4153, Lots 25, 27, and 28:
Due to the possible presence of hazardous materials on the aforementioned designated sites there is the potential for contamination of the soil and groundwater. To determine if contamination exists and perform any appropriate remediation, the following tasks must be undertaken by the fee owner(s) of the lot restricted by this (E) designation prior to any demolition or disturbance of soil on the lot.

TASK 1
The fee owner(s) of the lot(s) restricted by this (E) designation will be required to prepare a scope of work for any soil, gas, or groundwater sampling and testing needed to determine if contamination exists, the extent of the contamination, and to what extent remediation may be required. The scope of work will include all relevant supporting documentation, including site plans and sampling locations. This scope of work will be submitted to NYCDEP for review and approval prior to implementation. It will be reviewed to ensure that an adequate number of samples will be collected and that appropriate parameters are selected for laboratory analysis.

No sampling program may begin until written approval of a work plan and sampling protocol is received from NYCDEP. The number and location of sample sites should be selected to adequately characterize the type and extent of the contamination, and the condition of the remainder of the site. The characterization should be complete enough to determine what remediation strategy (if any) is necessary after review of the sampling data. Guidelines and criteria for choosing sampling sites and performing sampling will be provided by NYCDEP upon request.

TASK 2
A written report with findings and a summary of the data must be presented to NYCDEP after completion of the testing phase and laboratory analysis for review and approval. After receiving such test results, a determination will be provided by NYCDEP if the results indicate that remediation is necessary.

If NYCDEP determines that no remediation is necessary, written notice shall be given by NYCDEP.

If remediation is necessary according to test results, a proposed remediation plan must be submitted to NYCDEP for review and approval. The fee owner(s) of the lot(s) restricted by this (E) designation must perform such remediation as determined necessary by NYCDEP. After completing the remediation, the fee owner(s) of the lot restricted by this (E) designation should provide proof that the work has been satisfactorily completed.

A NYCDEP-approved construction-related health and safety plan would be implemented during excavation and construction activities to protect workers and the community from potentially significant adverse impacts associated with contaminated soil and/or groundwater. This Plan would be submitted to NYCDEP for review and approval prior to implementation.

Contact: Robert Dobruskin, City Planning Commission, 22 Reade Street, New York, NY 10007, phone: (212) 720-3423.