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ENB Region 2 Notices 3/15/2023

Public Notice

"2023 Hunts Point and Bowery Bay State of Good Repair Projects Modification" to Order on Consent between the City of New York and the New York City Department of Environmental Protection (NYC DEP) and the New York State Department of Environmental Conservation (NYS DEC), DEC Case No. CO2-20000107-8, a.k.a. NYC CSO Order.

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

Lead Agency: NYS DEC - Division of Water

Brief Description:

The NYC CSO Order was executed between NYS DEC and 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 (CSOs) within New York City. Pursuant to Paragraphs XVI.A and D.3 of the NYC 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 changes proposed under the 2023 Hunts Point and Bowery Bay State of Good Repair Projects Modification constitute a substantive and significant modification and are provided herein this notice. The 2023 Hunts Point and Bowery Bay State of Good Repair Projects Modification consists of the following changes to NYC CSO Order Appendix C milestones:

Current NYC CSO Order Milestones:

Appendix C, I. State of Good Repair Projects

A. Reconstruction of Primary Settling Tanks at Bowery Bay Wastewater Resource Recovery Facility (WRRF)
2. Design Completion - to be determined
3. Notice to Proceed to Construction - to be determined
4. Construction Completion - to be determined

C. Replacement of Digesters as Hunts Point WRRF
2. Design Completion - TBD
3. Notice to Proceed to Construction - TBD
4. Construction Completion - TBD

New NYC CSO Order Appendix C Milestones:

Appendix C, I. State of Good Repair Projects

A. Reconstruction of Primary Settling Tanks at Bowery Bay WRRF
2. Design Completion - December 2021
3. Notice to Proceed to Construction - March 2024
4. Construction Completion - January 2029

C. Replacement of Digesters as Hunts Point WRRF
2. Design Completion - June 2021
3. Notice to Proceed to Construction - April 2022
4. Construction Completion - August 2028

Background on Changes:

In October 2022, NYS DEC and NYC DEP formally added six state of good repair projects to the NYC CSO Order under the 2022 Flushing Bay Tunnel Modification. For each state of good repair project, NYC DEP is required to submit a basis of design report that includes milestones for completion of the design and construction phases of the projects. These milestones are subject to approval by NYS DEC, after which they are incorporated and become enforceable under the NYC CSO Order.

In December 2022, NYC DEP submitted separate basis of design reports for two state of good repair projects, the reconstruction of the primary settling tanks at the Bowery Bay WRRF and the replacement of digesters at the Hunts Point WRRF. Based on these reports, NYC DEP proposed design completion, notice to proceed to construction, and construction completion milestones for each project. NYS DEC determined that the proposed milestones were reasonable and concurs with the addition of the completion milestones to the NYC CSO Order.

Document Availability:

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

NYS DEC - Division of Water, Bureau of Water Compliance
Ryan Waldron
625 Broadway, 4th Floor
Albany, NY 12233-3506

NYS DEC - Region 2 Office
Selvin Southwell
47-40 21st Street
Long Island City, NY 11101

NYC DEP - Bureau of Legal Affairs
Diana Dellafiora
59-17 Junction Boulevard
Flushing, NY 11373

Questions regarding the 2023 Hunts Point and Bowery Bay State of Good Repair Projects Modification must be submitted by April 14, 2023 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.

Contact: 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

Richmond County (Staten Island) - The New York City Small Business Services, as lead agency, has determined that the proposed Homeport Resiliency Projects - Pier and Substation Rehabilitation will not have a significant adverse environmental impact. The action involves a proposal by the applicant, the New York City Economic Development Corporation (NYC EDC), in connection with the New York City Department of Small Business Services (NYC SBS),for the rehabilitation and improvement (Proposed Project) of the Project Site, consisting of two City-owned properties with disturbances totaling approximately 5.8 acres in size (Area 1 and Area 2). Area 1 (Block 487, P/O Lot 100) is a property lot owned by the New York City Department of Parks and Recreation (NYC Parks) that includes the approximately 3 acre "Home port Pier" and additional adjacent upland areas; Area 2 (Block 487, P/O Lot 5) is a roadway owned by NYC SBS. Also known as the "Homeport Facility", the affected properties at the Project Site are located at 405 Front Street and Water Street (Loop Road) in Staten Island, Community District 1, New York, and are situated within the borough's northeastern waterfront adjacent to Stapleton Waterfront Park, and between the St. George Ferry Terminal and the Verrazano Narrows Bridge. The Project would facilitate a proposal by the Applicant to perform maintenance and repair of damage caused by Hurricane Sandy and improve the resiliency of the Project Site in the event of future storms.

Contact: Anthony Dell'Olio, NYC SBS, 1 Liberty Plaza, New York, NY 10006, Phone: (212) 513-9259, E-mail: ADellolio@sbs.nyc.gov.


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