Completed Applications
Consolidated SPDES Renewals

Notice of Adoption for 6NYCRR Subpart 43-2 - Atlantic Ocean - surfclams

Pursuant to the Environmental Conservation Law, Sections 13-0308 and 13-0309. The Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption of Subpart 43-2 of Title 6 NYCRR relating to surfclams. This notice will be published in issue 28 of the State Register, dated 7/13/2005.

For further information contact:
Maureen Davidson
Division of Fish, Wildlife and Marine Resources
205 N. Belle Meade Rd., Suite 1
East Setauket, NY 11733
Telephone: (631) 444-0496
E-mail: mcdavids@gw.dec.state.ny.us

Voluntary Cleanup Program

DEC Region # 2

County: Kings

Lead Agency: New York State Department of Environmental Conservation

Project Title: Operable Unit (OU)-3 – Former Standard Oil Terminal
Kings Plaza Shopping Center
Brooklyn, Kings County, New York
NYSDEC Stipulation Agreement Dated May 13, 2002
NYSDEC Spill No. 98-15285

Project Location: Kings Plaza Shopping Center, 5100 Kings Plaza, Brooklyn, Kings County, New York

Brief Project Description: On May 13, 2002, the New York State Department of Environmental Conservation (NYSDEC) and Alexanders Kings Plaza Center, Inc. (Alexanders) executed a Stipulation Agreement under NYSDEC Spill No. 98-15285 for the investigation and remediation of historic petroleum discharges to soil and shallow groundwater within Operable Unit (OU)-3, an approximately 5.9-acre parcel located northeast of the 55th Street access road to the Kings Plaza Shopping Center that currently serves as a parking lot. The OU-3 parcel (Site) was historically developed as a bulk petroleum storage facility known as the Standard Oil Terminal that operated from at least the early 1930’s until the late 1960’s.

The Kings Plaza Shopping Center, inclusive of OU-3, is a ±31-acre parcel identified on local tax maps as Section 1, Block 847, Lots 50 and 55. The OU-3 parcel is bounded by Avenue U to the north, the Mill Basin to the south, the 55th Street access road and Kings Plaza Shopping Center to the west. The closest surface water body is the Mill Basin located immediately adjacent to the southern side of the Site. Surface topography is generally flat and slopes gently from the northern boundary adjacent to Avenue U towards the Mill Basin.

Environmental investigations conducted in OU-3 indicate impacts to soil and groundwater associated with the historic discharge of petroleum products, including gasoline, diesel fuel, and/or No. 2 fuel oil. The primary compounds of concern in soil and groundwater are petroleum-derived Benzene, Toluene, Ethylbenzene, and Xylene (BTEX) compounds. BTEX concentrations above the NYSDEC soil criteria and residual free-phase product occur in the unsaturated soil at several locations within OU-3 associated with historic Standard Oil Terminal operations. In addition, residual free-phase product occurs in several OU-3 monitoring wells and is a contributing source of the dissolved-phase groundwater impacts.

The Remedial Action Objectives (RAOs) for this Site include restoration of the environmental conditions of this Brownfields site to the extent necessary to enable redevelopment in the form of expansion of the existing Kings Plaza Shopping Mall with construction, including construction of a 120,000 square foot building with a pile-supported foundation, an asphalt-paved parking lot, and a landscaped waterfront area adjacent to the Mill Basin. Specifically, the remediation work scope includes removal of soil impacted by historic petroleum discharges with an emphasis on excavation of soil that is adversely impacting shallow groundwater. Soil excavation will target NYSDEC Technical and Administrative Guidance Memorandum (TAGM) No. 4046 soil cleanup guidance and any concentrations that remain will be addressed through the use of appropriate institutional controls based on the future retail/commercial use of the property. The groundwater component of the remediation will include a combination of remediation techniques designed to restore groundwater quality to meet New York State groundwater quality standards over time and to the extent practicable to enable redevelopment and beneficial reuse of the property as an expansion of the existing Shopping Mall.

The OU-3 soil and groundwater remedial action work scope includes the following components:

The results of the OU-3 environmental investigation and the proposed remedial action work scope are summarized in the Remedial Investigation Addendum Report dated April 2003 and the Remedial Action Workplan (RAW) dated July 2003. These documents, and other Site information, can be viewed at the Region 2 office at the address below.

Written and oral comments on the July 2003 RAW for OU-3 will be accepted until June 4, 2005. Written comments expressing objection or opposition to the project must explain the basis of that opposition and identify the specific grounds that could lead the Department to impose significant changes to the RAW. No formal response will be made to comments received, however, as a result of comments; the Department may re-evaluate the RAW.

Contact Person: Ioana Munteanu, Project Manager
NYSDEC, 47-40 21 Street
Long Island City, NY 11101
Phone: (718) 482-4065
Fax: (718) 482-6358
E-mail: ixmuntea@gw.dec.state.ny.us

Negative Declaration

New York City County - The NYC Board of Standards and Appeals, as lead agency, has determined that the proposed 425 Broome Street (BSA Cal. No. 399-04-BZ-CEQR No. 05-BSA-077M) will not have a significant adverse environmental impact. The action involves an application for a use variance and a special permit for an existing building in an M1-5B district to allow construction of the ground floor and cellar to a hair salon and spa (physical cultural establishment) and the creation of a ten –car accessory parking facility in the sub-cellar. The addition would add two stories containing two dwelling units. The project is located at 425 Broome Street, Manhattan (Block 473 , Lot 33).

Contact: Rory Levy, Board of Standards and Appeals, 40 Rector Street, 9th Floor, New York, NY 10006-1705, phone: (212) 788-8749, fax: (212) 788-8769, email:rlevy@dcas.nyc.gov.

New York City (Staten Island) County - The New York City Planning Commission, as lead agency, has determined that the proposed Oakwood Rezoning (ULURP No. 050180 ZMR) will not have a significant adverse environmental impact. The action involves the applicant, New York City Councilmember James Oddo, seeks an amendment to the zoning map to rezone a portion of the Oakwood section of Staten Island, Community District 3, from R3-1 to R2. The approximately 23-block area, generally bounded by Hylan Boulevard to the northwest, Tysens Lane to the northeast, Manila Avenue, Mill Road to the south, and Adelaide Avenue to the west.

The existing R3-1 zoning district permits two-family and semi-detached residences. The proposed R2 zoning district would limit permitted residential development to one-family detached dwellings, ensuring that future development would be consistent in form and character with existing development, without precluding future development. The proposed rezoning area is bordered by C4-1 and R3-2 zoning districts to the northeast, R3-1 zoning districts to the east and west, and an R3X zoning district to the south. The adjacent R3-2 and R3-1 zoning districts permit general residences and semi-detached residences, respectively, and the adjacent R3X zoning district permits two-family residences.

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

New York City (Staten Island) County - The New York City Planning Commission, as lead agency, has determined that the proposed Prince’s Bay Rezoning will not have a significant adverse environmental impact. The action involves amendments to the zoning map to rezone portions of the Bay Terrace area of Staten Island, Community District 3 within the Special South Richmond Development District from R3-1 to R3X.

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