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ENB Region 2 Notices 7/7/2021

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


Negative Declaration

New York County (Manhattan) - The New York City Department of Parks and Recreation, as lead agency, has determined that the proposed Lasker Pool, Rink and Harlem Meer will not have a significant adverse environmental impact. The action involves a proposal by Central Park Conservancy (CPC), for a two-phased comprehensive redevelopment of the Lasker Pool and Rink facility, and improvement to shoreline of the Harlem Meer (Proposed Project), a manmade waterbody at the northeast corner of Central Park. The Proposed Project would serve to correct the impaired hydrology of the site, restore pedestrian access between the Harlem Meer landscape and the North Woods, and improve the ecology of the Meer. The new facility would be seamlessly integrated into the topography of the historic park landscape, and would be fully ADA accessible. It would be open year-round, and would serve a greater number and broader cross-section of the community than the existing facility, which is seasonally open to pool and rink users only. With the demolition and replacement of the existing facility, the project would remove an imposing and incongruous structure that acts as a physical and visual barrier between the north end and the rest of the Park. In so doing, it would spatially reconnect the Harlem community to the larger Park experience, relinking the network of paths, and opening up views and access to the woodland landscape of the Ravine that has been blocked for decades. The project is located at 106-51 East Drive in Central Park, Borough of Manhattan, New York

Contact: David Cuff, New York City Department of Parks and Recreation, 830 Fifth Avenue, New York, NY 10065,, hone: (212) 360-3492, E-mail: david.cuff@parks.nyc.gov.


Conditioned Negative Declaration

Queens County (Queens) - The New York City Planning Commission, as lead agency, has determined that the proposed Beach 67th Street Rezoning 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 a request by the applicant, Brisa Builders Developers, LLC and God's Battalion of Prayer Properties, Inc., for a zoning map amendment from an R4A to an R6 zoning district and a zoning text amendment to establish a Mandatory Inclusionary Housing (MIH) area coterminous with the proposed rezoning area (Proposed Actions) to facilitate the development of two new buildings in the Arverne neighborhood of Queens, Community District 14. In the future with the Proposed Actions, applicant-owned Projected Development Site 1 (Queens Block 16040, Lots 12, 14, 16, 18, 20 and 22) would be developed with two buildings: an approximately 60,480 gross square foot Use Group (UG) 2 residential building containing 84 dwelling units (DUs), proposed to be affordable independent residences for seniors (AIRS), with 9 accessory parking spaces, and an approximately 76,241 gross square foot community facility building, proposed to contain a charter school, with 15 accessory parking spaces. Projected Development Site 2 (Block 16041, Lot 6), non-applicant-owned but assumed for the purpose of a conservative environmental review, would be developed with a 221,760 gross square foot UG 2 residential building containing 221 DUs and 100 accessory parking spaces. The project is located at 426-432 Beach 67th Street in Queens, New York.

The conditions are:

The applicant's implementation of traffic and pedestrian mitigation measures in consultation with New York City Department of Transportation (NYC DOT).

Contact: Olga Abinader, New York City Department of City Planning, 120 Broadway, 31st Floor, New York, NY 10271, Phone: (212) 720-3493, E-mail: oabinad@planning.nyc.gov.


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