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.


Negative Declaration

New York City County - The NYC Board of Standards and Appeals, as lead agency, has determined that the proposed Whitney Museum Expansion (BSA Cal. No. 334-05-BZ - CEQR No. 06BSA033M) will not have a significant adverse environmental impact. Public Comment Period ends: April 27, 2006. The action involves a zoning variance request pursuant to Zoning Resolution Section § 72-21 to facilitate the expansion of an existing museum complex including the construction of a nine (9) story structure located in C5-1(MP) and R8B (LH-1A) zoning districts. The proposed variance would allow modifications of zoning requirements for street wall height, street wall recess, height and setback, mandatory use, and sidewalk tree regulations. The project is located at 933-945 Madison Avenue, Manhattan (Block 1389, Lots 21, 22, 23, 24, 25 and 50).

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, e-mail:rlevy@dcas.nyc.gov.


Conditioned Negative Declaration

New York City (Brooklyn) County - The New York City Planning Commission, as lead agency, has determined that the proposed Kedem Winery Redevelopment 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, Rector Hylan Corporation, seeking the following discretionary approvals in connection with the proposed redevelopment of a property located at 420-430 Kent Avenue (Block 2128, Lots 5 and 25; Block 2134, Lots 48, 50, 56, and 250) in the South Williamsburg neighborhood of Brooklyn, Community District 1:

1) An amendment to the zoning map to change the zoning designation of a) a property owned by the applicant (Block 2128, Lots 5 and 25; Block 2134 Lots 50, 56, 250, p/o 48) from M3-1 and C4-3 to R7-3 and R7-3/C2-4; b) a property located adjacent to the applicant’s property on the north (Block 2128, Lot 1) from C4-3 to R7-3; and c) city-owned properties (Block 2128, Lot 15; Block 2134, Lots 148, 156) consisting of lands underwater within the East River from M3-1 to R7-3.

2) A special permit pursuant to Zoning Resolution (ZR) Section 62-736, "Bulk modifications on waterfront blocks" to permit the following modifications:

a) Section 62-341(a)(2) to waive the initial setback distances;

b) Section 62-341(c)(1) to allow for a maximum base height of 85 feet, which exceeds the permitted height of 65 feet;

c) Section 63-341(c)(2) to allow for a maximum building height of 245 feet for a proposed south tower, which exceeds the permitted height of 225 feet;

d) Section 63-341(c)(4) to allow for a 15,607 square foot floor plate for the north tower and a 12,745 square foot floor plate for the south tower, which exceeds the permitted maximum residential tower floor plate size of 8,100 square feet;

e) Section 63-341(c)(5) to fully waive the additional setback requirement of 150 feet;

f) Section 63-341(c)(6) to allow the shoreline facade of the north tower to extend for 101 feet and 6 inches, exceeding the maximum permitted frontage of 100 feet.

3) A Chairperson certification pursuant to ZR Section 62-711, "Waterfront public access and visual corridors" for compliance with waterfront public access and visual corridor requirements.

The proposed actions would facilitate a proposal by the applicant to develop a mixed residential development on the project site, an approximately 125,774 square foot parcel located on the waterfront between Broadway and South 9th Street. Current plans call for the development to contain up to 450 dwelling units, 26,413 square feet of neighborhood retail, 225 accessory parking spaces, and a .50-acre shore public walkway. The applicant intends to provide twenty percent of the units (approximately 90 units) as affordable housing for low-income residents.

The development would consist of two residential towers (north tower and south tower) which would be 18 stories (approximately 185 feet in height) and 24 stories (approximately 245 feet in height) respectively. The towers could contain a mix of 2-, 3-, and 4-bedroom units. The commercial space would front on Kent Avenue and would be located on the ground level of both of the proposed towers. Parking would be provided beneath each building with separate access from Kent Avenue. A central driveway at South 8th Street would allow for vehicular drop-off and deliveries as well as provide an upland connection to the shore public walkway. The project’s south curb cut and corresponding driveway would be shared with the adjacent Schaefer Landing building, a recently completed residential development located at 460 Kent Avenue (Block 2134, Lot 36).

Although the applicant intends to construct a development with 450 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) analyzed in the EAS assumes that 600 units could be constructed on the project site, which would be the maximum number of dwelling units that could be achieved on the site under the proposed zoning. The EAS also includes an analysis of the proposed project with the provision of twenty percent of the units as affordable housing. The RWCDS would also include 300 parking spaces, 26,413 square feet of retail, and an 0.50 shore public walkway.

The project site is occupied by the former Royal Wine Company (also known as the Kedem Winery), which comprised three buildings that housed the company’s production and distribution operations. One of the former winery buildings is now occupied by the Zafir Jewish Center for Special Education, a yeshiva. A second winery building is currently vacant. The third building and a parking area are currently occupied by a warehouse company. All of the existing structures on the project site would be demolished and the site would be graded for new construction. Construction of the proposed project is expected to be completed in 2008.

The conditions are:

1. The applicant agrees via a restrictive declaration to prepare a hazardous materials sampling protocol including a health and safety plan, which would be submitted to the Department of Environmental Protection (DEP) for approval. The applicant agrees to test and identify any potential hazardous material impact pursuant to the approved sampling protocol and, if any such impact is found, submit a hazardous material remediation plan including a health and safety plan to DEP for approval. If necessary, remediation measures would be undertaken pursuant to the remediation plan. With the implementation of the condition described above, no significant adverse impact related to hazardous materials would occur.

2. The applicant agrees via a restrictive declaration to fund the installation of a traffic signal at the intersection of Kent Avenue and Division Avenue, if determined to be warranted by the NYC Department of Transportation (DOT), upon completion of construction of the project. With the implementation of this condition, no significant adverse traffic impacts would result from the proposed project.

Contact: Robert Dobruskin, Environmental Assessment and Review Division, NYC Department of City Planning, 22 Reade Street, New York NY 10007, phone: (212) 720-3423, e-mail: rdobrus@planning.nyc.gov.