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Notice Of Adoption

Pursuant to the Environmental Conservation Law Sections 13-0323 and 13-0327, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption for 6 NYCRR Part 49 relating to scallops and oysters. This notice will be published in issue 27 of the State Register, dated 7/5/2006.

For further information contact:

Availability of Remedial Action Work Plan for Comment

Site Location: 90-30 Metropolitan Avenue is located in the Rego Park section of Queens, New York. The parcel is bounded by Trotting Course Lane on the east, 73rd Avenue on the south, the Woodhaven Lanes Bowling Alley on the west, and Metropolitan Avenue on the north. It has a total area of approximately 1.87 acres and is occupied by a two-story commercial building that is currently vacant.

Project Description: The groundwater beneath the southern portion of the site is impacted by a solvent, tetrachloroethene (PCE). No onsite source of PCE has been identified. A separate plume of contaminated groundwater is associated with the adjoining Woodhaven Lanes Bowling Alley. These plumes co-mingle on the western portion of the site. The onsite plume of impacted groundwater will be cleaned up during redevelopment of the site, which is currently being redeveloped for retail use.

The proposed remedy includes an air sparge/soil vapor extraction (AS/SVE) system to remediate potential PCE-impacted soil and PCE-impacted groundwater along the southern portion of the site and to address potential soil vapor intrusion issues. This system will treat the groundwater beneath the site by removing the PCE. Effluent from the system will be monitored and treated, as necessary. Monitoring of the groundwater, soil vapor, indoor air, and system operation will be performed to confirm that remediation is progressing and that exposures are minimized to the site occupants and the surrounding neighborhood. The remediation will be conducted concurrently with the redevelopment and re-use of the site for retail purposes.

Public Comment Period: The NYSDEC will accept public comments concerning the Remedial Action Work Plan (RAWP) until July 28, 2006. Copies of the RAWP and other appropriate documents are available in the site document repositories located at the addresses listed below. The NYSDEC will review the RAWP and public comments received and then make a determination on approval of the RAWP.

Contact: Vadim Brevdo, P.E., Project Manager, New York State Department of Environmental Conservation, 47-40 21st Street, Long Island City, NY 11101, (718) 482-4891, email: vxbrevdo@gw.dec.state.ny.us

Repository Addresses:

Conditioned Negative Declaration

New York City (Bronx) County - The New York City School Construction Authority, as lead agency, has determined that the proposed New Charter/Public School Facility 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 acquisition and development of a new school facility at the above-mentioned location. The proposed facility would accommodate an approximately 282-seat charter school organization serving students in grade five through eight, and an approximately 550-seat primary/intermediate school organization to be operated by DOE serving students in kindergarten through grade eight.

The proposed site is an approximately 36,400 square foot parcel of land located at the southeast corner of Van Nest and Bronxdale Avenues in the Van Nest section of the Bronx (Block 4091, Lot 1). The site currently contains a two-and-a-half story building that is used by a jewelry storage business and as parking for a car dealership. The existing occupants would vacate the building prior to the Applicant’s acquisition of the property.

The purpose of the project is to provide additional permanent school capacity at the primary and intermediate levels within DOE’s Region No. 2/Community School District No. 11 in the Bronx. Nearby DOE facilities, which include P.S. 83, P.S. 105, P.S. 106, P.S. 108, and J.H.S. 127, collectively operated at 102 percent of their capacity during the 2004-2005 school year, including the use of Transportable Classroom Units and Temporary Classroom Buildings. Further, the inclusion of space for a charter school within the proposed facility would support and enhance DOE’s efforts to provide additional educational options for students within the Borough of the Bronx.

The Applicant’s proposal calls for redevelopment of the site either through renovation and expansion of the existing building, or through entirely new construction, to create a school facility containing a total of approximately 124,400 gross square feet. The facility would consist of classrooms, science labs, art and music rooms, assembly area, gymnasium, kitchen and cafeteria, and support spaces. A rooftop playground containing approximately 6,000 square feet would also be developed, and depending on the project’s final design, a street-level schoolyard may also be provided on the site. If approved, the DOE and SCA would provide capital funding to the Applicant starting in 2006 for property acquisition, design and construction, and both the charter school and DOE organizations would expect to begin occupancy of the facility in 2009.

The conditions are:

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