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Notice Of Emergency Adoption 6 NYCRR Part 40

Pursuant to the Environmental Conservation Law, Sections 11-0303, 13-0105, 13-0340-b, 13-0340-e, and 13-0340-g. The Department of Environmental Conservation hereby gives notice of the following:

Notice of Emergency Adoption of Part 40 of Title 6 NYCRR relating to marine fish. This notice will be published in issue 32 of the State Register, dated 8/9/2006.

For further information contact:
Stephen W. Heins
205 N. Belle Mead Rd, Suite 1
E. Setauket, NY 11733-3400
Telephone: 631-444-0435
E-mail: swheins@gw.dec.state.ny.us

Brownfield Cleanup Program

Site Name: Erbograph Building
Site Address: 203-209 W. 146th St.
New York, New York 10039
County: New York
Site No.: C231009
Requestor: Harlem Congregations for Community Improvement, Inc.

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 September 8, 2006 to:

New York State Department of Environmental Conservation
Division of Environmental Remediation - Remedial Bureau B
625 Broadway
Albany, New York 12233-7016
Attention: Joseph Peck

Repository address:

The City College Libraries
138th Street at Convent Avenue
New York, New York 10031
Pamela Gillespie, Assistant Dean & Chief Librarian

Conditioned Negative Declaration

New York City (Bronx) County - The New York City School Construction Authority, as lead agency, has determined that the proposed New, Approximately 630-Seat Primary/Intermediate 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 New York City School Construction Authority (SCA) proposing the site selection, acquisition, acceptance of construction funding, and construction of a new, approximately 630-seat primary/intermediate school facility in the Borough of the Bronx. The proposed facility would serve students in pre-kindergarten through eighth grade. Acquisition, design and construction of this proposed facility would be conducted pursuant to DOE's Capital Plan for Fiscal Years 2005-2009.

The proposed site is an assemblage containing a total of approximately 39,000 square feet of area. The assemblage consists of: (i) Lot 100, which is a privately-owned, approximately 22,000 square foot lot containing a two-story building originally constructed as a movie theater, but which now contains ground-floor commercial uses including a nail salon, pizzeria, and 99-cent store, and, (ii) an approximately 16,000 square foot portion of Lot 70 which contains the paved grounds of I.S. 232 (formerly known as I.S. 82), an existing DOE school facility. The existing building on Lot 100 would be demolished, and the Transportable Classroom Units (TCUs) located on the subject portion of Lot 70 would be removed to permit construction of the proposed school building.

The purpose of the proposed project is to provide additional permanent capacity at the primary and intermediate levels for DOE's Region No. 1/Community School District No. 9. According to the Capital Plan, District No. 9 needs three (3) new school facilities providing a total of 1,701 seats at the primary and intermediate level in order to meet demographic projections and to support DOE policy initiatives such as expansion of the class size reduction and reduced reliance on TCUs and minischool buildings over 20 years old.

Under the proposed project, the SCA would acquire the privately-owned Lot 100 in order to assemble the proposed school site. The SCA would provide relocation assistance to the existing businesses that would be displaced by the project. The proposed facility would contain approximately 90,000 gross square feet, consisting of classrooms, special educational facilities, library, gymnasium, auditorium, and administrative/support space. Outdoor playground(s) would also be provided for use by early childhood students, and also the general school population. Site acquisition and design activities would begin in 2006, with student occupancy of the facility anticipated no sooner than 2009.

The conditions are:

1. The SCA will complete Phase 1B archaeological field testing of the area where archaeological remains may be present, should the school's final design call for construction within that area. The results of the testing shall be submitted to OPRHP for review and consultation. Any additional measures determined to be necessary to avoid significant impacts to cultural resources will be established in consultation with OPRHP and implemented by the SCA.

2. The SCA will petition the New York City Department of Transportation (NYCDOT) prior to the completion of construction to implement signal timing and curbside parking modifications such that the new school facility will not result in a significant adverse impact to local traffic conditions.

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.