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ENB Region 2 Notices 6/23/2021

Public Notice

Notice of Public Comment Period

Project Title:

2021 Jamaica Bay 26th Ward High-Level Sewer Separation Modification to Order on Consent between the City of New York and the New York City Department of Environmental Protection and the New York State Department of Environmental Conservation, DEC Case # CO2-20110512-25, a.k.a. NYC CSO Order.

Counties:

New York (Manhattan), Richmond (Staten Island), Kings (Brooklyn), Bronx (Bronx) and Queens (Queens)

Lead Agency:

New York State Department of Environmental Conservation (NYS DEC)

Brief Description:

The NYC CSO Order was executed between the NYS DEC and the New York City Department of Environmental Protection (NYC DEP) in 2005 and has been modified several times since executed. The NYC CSO Order includes various milestones and projects associated with abatement of Combined Sewer Overflows (CSO) within New York City. Based on additional analyses, the parties identified changes to the NYC CSO Order. Pursuant to Paragraphs XVI.A and D.3 of the 2005 CSO Order, NYS DEC is required to publicly notice "[i]n the event of a substantive and significant modification to the construction compliance schedules provided for in this Order." The 2021 Jamaica Bay 26th Ward High-Level Sewer Separation Modification to the NYC CSO Order consists of deletion of the following Appendix A milestones:

Consent Order, Appendix A Current Milestone Date New Milestone Date
XII.B, 26th Ward High Level Sewer Separation, 10. Phase 3 - Initiate Design April 1, 2017 Deleted
XII.B, 26th Ward High Level Sewer Separation, 11. Phase 3 - Design Completion March 2019 Deleted
XII.B, 26th Ward High Level Sewer Separation, 12. Phase 3 - Notice to Proceed to Construction March 2020 Deleted
XII.B, 26th Ward High Level Sewer Separation, 13. Phase 3 - Construction Completion December 2022 Deleted

In January 2013, the NYS DEC approved the 2011 Jamaica Bay Waterbody/Watershed Facility Plan (WWFP). The WWFP included a project to complete high-level sewer separation (HLSS) in approximately 443 acres within the drainage basin for Fresh Creek. The NYC DEP proposed constructing the project in three phases, and the total estimated construction cost at the time was $111 million. Since implementation of the HLSS project commenced in 2012, the scope and location of the HLSS was modified several times to accommodate characteristics of the drainage basin. Phase 1 of the HLSS was completed in 2018. Phase 2 of the HLSS project is currently in construction. Design of Phase 3 was initiated in 2017, but in 2019, the NYC DEP encountered unforeseen field conditions where the HLSS was to be implemented. In particular, the NYC DEP identified interference with a major fuel line to JFK Airport operated by Buckeye Partners and inadequate sewer coverage at three locations within the Phase 3 HLSS area. The proposed redesign of the Phase 3 HLSS to address these unforeseen field conditions increased the construction costs for Phase 3 HLSS from $62.5 million to $244 million. In light of the increased costs, the NYC DEP reevaluated the cost-effectiveness of the project and the impacts to water quality if the Phase 3 HLSS was eliminated. The modeling results indicate that projected water quality attainment levels in Fresh Creek for fecal coliform and dissolved oxygen would not be adversely impacted by elimination of the Phase 3 HLSS. Based on these modeling results, NYS DEC concurs with the elimination of the Phase 3 HLSS.

Document Availability:

Hard copies of the 2005 CSO Order and approved modifications are available for public review at the following offices of the NYS DEC and NYC DEP:

  • NYS DEC - Division of Water, Office of the Director of the Bureau of Water Compliance, 625 Broadway, 4th Floor, Albany, NY 12233-3506.
  • NYS DEC - Region 2 Office, Division of Water, attention: Selvin Southwell, 47-40 21st Street, Long Island City, NY 11101.
  • NYC DEP - Bureau of Legal Affairs, attention: Diana Dellafiora, 59-17 Junction Boulevard, Flushing, NY 11373, Phone: (718) 595-6555.

Questions regarding the 2021 Jamaica Bay 26th Ward High-Level Sewer Separation Modification can be directed to: Ryan Waldron, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3506, Phone: (518) 402-8244 Fax: (518) 402-9029, E-mail: ryan.waldron@dec.ny.gov.


Fact Sheet

The New York State Department of Environmental Conservation (NYS DEC) has received a Brownfield Cleanup Program (BCP) application and Interim Remedial Measure/Remedial Investigation Work Plan from Harlem River Ninth Avenue Development LLC for a site known as 408 West 207th Street, site ID #C231147. This site is located in the Borough of Manhattan in the County of New York and is located at 408 West 207th Street.

Access the application, work plan and other relevant documents online through the DECinfo Locator: https://www.dec.ny.gov/data/DecDocs/C231147/. The documents will also be available at the document repository once reopened, located at Inwood Library, 4857 Broadway, New York, NY 10034.

There are several ways to comment on BCP applications. Comments can be submitted to: Kyle Forster, NYS DEC - Division of Environmental Remediaton, 625 Broadway, Albany, NY 12233-7016, Phone: (518) 402-8644, E-mail: kyle.forster@dec.ny.gov. All comments must be submitted by July 23, 2021.

Site information can be viewed by entering the site ID noted above at: http://www.dec.ny.gov/cfmx/extapps/derexternal/index.cfm?pageid=3.

We would also encourage those interested in receiving information on future activities at this site or any other site to sign up to NYS DEC's Contaminated Sites E-mail List at: http://www.dec.ny.gov/chemical/61092.html.

What is the Brownfield Cleanup Program?

New York's Brownfield Cleanup Program (BCP) is designed to encourage private-sector cleanups of brownfields and to promote their redevelopment as a means to revitalize economically blighted communities. The BCP is an alternative to "greenfield" (land not previously developed or contaminated) development and is intended to remove some of the barriers to, and provide tax incentives for, the redevelopment of brownfields. Since its inception (2003), the BCP has catalyzed the cleanup of more than 300 contaminated sites statewide and incentivized redevelopment. There are more than 350 active sites in the BCP.

Additional information on the New York State's Brownfield program is available at NYS DEC's website: http://www.dec.ny.gov/chemical/8450.html.


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