ENB - REGION 2 NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Proposed Technical Amendment to the LIS TMDL

In January 2001, the New York State Department of Environmental Conservation ("Department") submitted A Total Maximum Daily Load Analysis to Achieve Water Quality Standards for Dissolved Oxygen in Long Island Sound (hereafter the "LIS TMDL") to the U.S. Environmental Protection Agency. www.dec.state.ny.us/website/dow/tmdllis.pdf . The LIS TMDL was developed jointly with the Connecticut Department of Environmental Protection ("Connecticut DEP"). In April 2001, the U.S. Environmental Protection Agency ("EPA") determined that the LIS TMDL met the requirements of section 303(d) of the Clean Water Act, and EPA's implementing regulations (40 CFR Part 130) and thereby approved the LIS TMDL. EPA's Approval Letter for the LIS TMDL, (April 3, 2001).

Table 6 of the LIS TMDL identifies the sum of the New York and Connecticut Waste Load Allocations ("WLAs") from each of 11 management zones. Table 7 of the LIS TMDL contains equivalency factors that identify the relative impact of nitrogen from each zone on dissolved oxygen ("DO") conditions in Long Island Sound. Compliance with the LIS TMDL can be achieved through meeting the WLAs or through new allocations resulting in equal or greater water quality improvements, as defined by the Table 7 equivalency factors. The equivalency factors comprise river delivery factors (the amount of nitrogen discharged to a river segment that makes it the mouth of the river) and Long Island Sound transport efficiencies (the relative impact of nitrogen discharged from a management zone on the hypoxic hotspots). In other words, allocations among facility-specific WLAs can be modified without resubmitting a revised LIS TMDL as long as the new allocations resulted in equal or greater water quality improvements, as determined by the use of the exchange ratios identified in Table 7 of the LIS TMDL document.

The Table 7 transport efficiencies were established from predictions of the "LIS 3.0" water quality model developed in the 1990s. A new model, called the Systemwide Eutrophication Model ("SWEM") has subsequently been developed. The Department recognized early on that SWEM had certain advantages over LIS 3.0 and that the SWEM should be used in the future, once accepted. See Department Response to Public Comments on the LIS TMDL, Modeling Tools on pg 10-11 and Recent/Future Monitoring on pg 24 (January 2001), www.dec.state.ny.us/website/dow/responseliss.pdf. In fact, the LIS TMDL cites the application of SWEM as one of the elements to a planned revision of the LIS TMDL. See LIS TMDL, Reassessment on pg 48 and Table 14. SWEM contains a number of technical improvements over LIS 3.0 and has since been reviewed and approved by the Long Island Sound Study for application to Long Island Sound planning and management.

In light of its subsequent approval by the Long Island Sound Study and after consultation with and without objection from Connecticut DEP, the Department hereby proposes a limited amendment to the LIS TMDL to incorporate the insights from SWEM predictions of the relationship between the DO response to nitrogen discharges from zone 8 (the upper East River Management Zone) and zone 9 (the lower East River Management Zone). This limited technical amendment would support the New York City Department of Environmental Protection's ("New York City DEP") development of a long-term nitrogen control program to attain its WLAs for zone 8 and zone 9 discharges, without compromising water quality. The technical amendment would formalize the use of SWEM ratios in meeting the allocations to those zones in advance of a more comprehensive revision of the LIS TMDL. The Department is soliciting public comment on the proposed amendment before submitting it to the EPA for review and approval.

SWEM predicts a greater overall DO response from achieving the zone 8 and zone 9 WLAs than LIS 3.0. SWEM also predicts that the ratio of the transport efficiencies (the relative impact of nitrogen discharged from a management zone on the hypoxic hotspots) between zone 8 and zone 9 is 4:1, compared to the LIS 3.0 transport ratio of 2:1. Therefore, the Department proposes to modify the LIS TMDL Table 7 transport efficiencies for zone 8 and zone 9 to a 4:1 ratio from a 2:1 ratio. New York City DEP would comply with the LIS TMDL through meeting the WLAs or through new allocations using the updates to the Table 7 equivalency factors. This revision to the equivalency factors would only apply to reallocations between zone 8 and zone 9. Because SWEM predicts a greater overall DO response from achieving the zone 8 and zone 9 WLAs than LIS 3.0, this change places no additional burden on discharges from other zones to achieve water quality standards. The timeframe for using this amendment based on a combination of SWEM and LIS 3.0 ratios would be until the anticipated full SWEM technical update (and other technical updates) are incorporated into a complete LIS TMDL revision.

Public comment on the proposed amendment will be accepted for 30 days, through April 7, 2006. Comments should be submitted in writing to Philip O’Brien of Division of Water, 625 Broadway, Albany, NY 12233-3502, or by email at pxobrien@gw.dec.state.ny.us.


Brownfield Cleanup Program

Site Name: West 42nd Street Redevelopment Project
Site Address: 563 11th Avenue, New York, New York 10036
County: New York
Site No.: C231051
Requestors: 605 West 42nd LLC
605 West 42nd Owner LLC
605 West 42nd Administrative Member LLC
CUIP West 42nd LLC

The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27-1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for investigation of the site indicated above.

NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below.

NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application.

Comments should be submitted by Friday, March 31, 2006:

New York State Department of Environmental Conservation
Division of Environmental Remediation - Region 2
One Hunters Point Plaza, 1st Floor
47-40 21st Street
Long Island City, New York 11101-5407
Attention: Dan Walsh

Repository address:

Mid-Manhattan Library
455 Fifth Avenue at 40th Street
New York, New York 10016
212-340-0833


Site Name: 400 East 111th Street
Site Address: 400 East 111th Street
New York, NY 10029
County: New York
Site No.: C231052
Requestor: East 111th Street Properties, LLC

The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27-1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for investigation of the site indicated above.

NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below.

NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application.

Comments should be submitted by April 10, 2006 to:

New York State Department of Environmental Conservation
Division of Environmental Remediation - Remedial Bureau C
625 Broadway
Albany, New York 12233-7014
Attention: Joseph Moloughney

Repository address:

New York Public Library
Aquilar Branch Library
174 East 110th Street
New York, New York 10029-3212


Site Name: 627 West 42nd Street Project
Site Address: 627 & 647 West 42nd Street, New York, NY 10036
County: New York
Site No.: C231053
Requestor: 627 West 42nd LLC

The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27-1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for remediation of the site indicated above.

NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below.

Please note the application package includes the Draft Remedial Work Plan which describes how the contamination related to the site will be addressed. The Final Remedial Work Plan implements the decision document for the remedy selection process for the site.

NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application.

Comments should be submitted by April 24, 2006 to:

New York State Department of Environmental Conservation
Division of Environmental Remediation
Region 2 Office
47-40 21st Street
Long Island City, NY 11101
Attention: Dan Walsh

Repository address:

Mid-Manhattan Library
455 Fifth Avenue at 40th Street
New York, NY 10016
(212) 340-0833


Site Name: 17th Street Development Project
Site Address: 76 11th Avenue, New York, NY 10011
County: New York
Site No.: C231036
Requestors: HLP Properties, LLC
West 17th Street Development, LLC

The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27-1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for investigation of the site indicated above.

NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below.

NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application.

Comments should be submitted by April 7, 2006 to:

New York State Department of Environmental Conservation
Division of Environmental Remediation
625 Broadway
Albany, NY 12233-7014
Attention: Joseph Moloughney

Repository address:

Hudson Park Branch Library
66 Leroy Street (off Seventh Ave. South)
New York, NY 10014-3929


Negative Declaration

New York City (Queens) County - The City Planning Commission, as lead agency, has determined that the proposed Vernon Boulevard Rezoning will not have a significant adverse environmental impact. The action involves the following actions in connection with a proposal to redevelop a 86,868 square foot site located at 34-20 to 34-50 Vernon Boulevard (Block 322, Lot 112) in the Astoria neighborhood of Queens Community Board 1:

The proposed rezoning area is currently developed with a Con Edison Facility (Block 322, Lot 101 and Block 327, Lot 1), a recently renovated warehouse and associated office building (Block 322, Lot 118), and vacant industrial buildings on the applicant’s property (Block 322, Lot 112). The proposed actions would facilitate a proposal by the applicant to redevelop Block 322, Lot 112 with an approximately 298,826 square foot 18-story building containing 20,000 square feet of ground floor community facility space; 350 dwelling units on the second through eighteenth floors; and 280 accessory parking spaces in an underground parking garage. Construction of the building is expected to be completed by 2007. It is expected that the existing uses on the sites not in control of the applicant would remain in the future with the proposed action.

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


Positive Declaration And Public Scoping

New York City County - The City Planning Commission, as lead agency, has determined that the proposed West 61st Street Rezoning and Citywide General Large-Scale Development Text Amendment may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. A public scoping session will be held on Thursday, April 6, 2006 at 1:00 p.m. at the City of New York Department of City Planning, Spector Hall, 22 Reade Street, New York, New York. Written comments will be accepted by the lead agency through the tenth day following the scoping meeting. The action involves West End Enterprises, LLC and West 60th Street Associates, LLC, proposing an amendment to the zoning map to change the zoning designation of the western half of the block bounded by West End Avenue, West 61st Street, Amsterdam Avenue, and West 60th Street (Block 1152, Lots 1, 5, 8, 10-13, p/o 43, 52, 53, 55-58, and 61) from M1-6 to C4-7 and C6-2 in the Upper West Side neighborhood of Manhattan Community Board 7.

The applicant is also requesting a special permit pursuant to Zoning Resolution (ZR) Section 74-52 for a public parking garage, a special permit pursuant to ZR Section 74-74 for a General Large-Scale Development (GLSD), and a zoning text amendment to the provisions of ZR Section 74-743 to waive the height factor and open space requirements for GLSDs located partially in C6-1, C6-2, or C6-3 zoning districts citywide.

The proposed actions would facilitate a proposal by the applicant to develop a mixed-use building on a property located at 239 West 60th Street (Block 1152, Lots 5, 8, 10-13, 43, 52, 53, and 55), which is a through-lot site with frontages on both West 60th Street and West 61st Street.

The proposed building would contain a total of approximately 481,425 gross square feet (gsf) of floor area consisting of 342 residential units; 4,420 gsf of medical office space; 10,340 gsf of ground-floor retail space; and 281 parking spaces, of which 121 would be accessory parking spaces and 160 would be public parking spaces. The applicant has merged the properties located at 242 West 61st Street (Block 1152, Lot 56) and 244 West 61st Street (Block 1152, Lot 57) with the project site to create a combined zoning lot. This would allow a portion of the unused development rights from these properties, which are developed with two 5-story residential buildings, to be used in developing the proposed project. The proposed project would be comprised of a 29-story tower with a maximum height of 372 feet and three mid-rise components of 7, 9 and 14 stories. Construction of the proposed project is expected to be completed in 2008.

Although the applicant intends to construct a development with 342 dwelling units on the projects site, a development with more dwelling units could be built under the proposed zoning. The reasonable worst case development scenario (RWCDS) to be analyzed in the EIS assumes that 559 units could be constructed on the project site, which would be the maximum number of dwelling units allowed under the proposed zoning.

The RWCDS also assumes that four additional properties would be developed as a result of the proposed rezoning. The property located at 246 West 61th Street (Block 1152, Lot 58), which is not under the control of the applicant, would be developed with a 10-story residential building containing approximately 61 dwelling units. In addition, the property located at 28 West End Avenue (Block 1152, Lot 61), also not under the control of the applicant, would be developed with a 31-story building containing approximately 190 dwelling units and a 100,000 gsf middle school. The RWCDS also assumes that the two 5-story residential buildings located at 242 West 61st Street (Block 1152, Lot 56) and 244 West 61st Street (Block 1152, Lot 57), which are under the applicant’s control, could each be enlarged with an additional penthouse unit.

The proposed text amendment to modify the provisions of ZR Section 74-743 would allow the City Planning Commission to permit developments at their maximum floor area ratio without regard for height factor and open space requirements for proposed GLSDs located partially in C6-1, C6-2, or C6-3 zoning districts provided that certain requirements related to the amount of open space and quality of landscaping provided on the site are met. The zoning districts within which the proposed text amendment could potentially be utilized (C6-1, C6-2, and C6-3) are located within areas of Manhattan Community Districts 1-8, and 12; Queens Community District 12; and Brooklyn Community District 2.

Contact: Brad Kieves, NYC Department of City Planning, Environmental Assessment and Review Division, 22 Reade Street, New York, New York 10007, phone: (212) 720-3417, e-mail: bkieves@planning.nyc.gov.


Notice Of Acceptance Of Final EIS

New York City (Richmond) County - The New York City School Construction Authority, as lead agency, has accepted a Final Environmental Impact Statement on the proposed New, Approximately 822-Seat Primary/Intermediate School Facility, Staten Island. The action involves the New York City School Construction Authority (SCA) proposes to construct a new, approximately 822-seat primary/intermediate school facility and associated recreational facilities in the Graniteville section of Staten Island.

The proposed new facility would be built on an approximately 92,580 square foot site located on the western portion of the block bounded by Regis Drive to the north, Elson Court to the east, Jules Drive and Goethals Road North to the south, and Farragut Avenue to the west (Block 1653, Lot 1). The site is owned by the City of New York and is under the control of the DOE. The site is currently occupied by a one-story public school annex building, which was originally constructed as a temporary facility in the 1970s. This building would be demolished and replaced by the proposed new school facility.

The proposed facility would be located within the boundaries of DOE Region No. 7/Community School District No. 31, and would serve children in pre-kindergarten through eighth grade, along with District 75 special education students. The purpose of this project is to provide additional permanent public school capacity in District No. 31 to relieve the overcrowding of existing facilities within the district, and also to accommodate projected enrollment increases.

According to preliminary design plans, the proposed new school facility would contain up to approximately 105,942 square feet within a four-story structure. The building would contain classrooms, administrative space, library, auditorium, kitchen/dining area, and gymnasium. The project would also include a play area located on the southern and eastern portions of the site, adjacent to Jennifer’s Playground, which is an approximately 1.6-acre playground operated by the New York City Department of Parks and Recreation. The school building’s main entrance would be located on Regis Drive, along which the site possesses approximately 350 feet of street frontage. School bus queuing and drop-off areas would be located on both the Regis Drive and Jules Drive frontages of the site to facilitate the circulation of project-generated traffic.

Contact: Ross J. Holden, New York City School Construction Authority, 30-30 Thomson Avenue, Long Island City, New York 11101-3045, phone: (718) 472-8220.