Waterfront Development in NYC
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1 1 Waterfront Development in NYC Improving Permitting Efficiency and Regulatory Predictability Venetia Lannon, Regional Director New York State Department of Environmental Conservation Region 2 January 30, 2015
2 Agenda for Reform Environmental Permit Process Improve Efficacy: Implement practicable measures to achieve more predictability and transparency in the environmental permitting process Innovative Regulatory Tools: Advance new tools, like mitigation banking, that unlock large-scale restoration sites, increase ecological certainty, and reduce barriers Encourage Eco-Enhanced Infrastructure: Encourage design solutions that incorporate ecological and water quality enhancements into waterfront infrastructure Achieve Core DEC Mission: Protect the environment and people while accounting for New York City s highly urbanized setting
3 Improving Permitting Efficacy Permit Review Performance Metrics Baseline 2010 Year Year Year Year Total Tidal Wetland Permits Received Median Number of Days from Receipt to Final Disposition Between 2010 and 2013, the number of tidal wetland permits increased slightly Within the same time period, the number of days to process a permit decreased by half Success metrics achieved through implementing LEAN Management techniques 2012 and 2013 data are skewed by Hurricane Sandy General Permit issuance
4 Increasing Regulatory Predictability One-Stop Shop for Waterfront Permitting and New Applicant Guidance Documents One-Stop Shop Web Resource More than a dozen municipal, state, and federal agencies have a regulatory role along NYC s 520 miles of waterfront. In addition to DEC, four agencies - the Department of State, and the U.S. Army Corps of Engineers, and the City s Small Business Services - issue permits for construction of inwater structures. Each agency is mandated by its own regulations and conducts independent reviews, including different application requirements, review milestones, and timelines for decisions. DEC is working with the City of New York to implement The One-Stop Shop for Waterfront Permitting to provide a comprehensive information repository and guide to navigate how all the different regulatory agencies come together to move a waterfront project forward Expected outcomes of the One-Stop: Greater coordination and communication with applicants and regulatory agencies More informed applicants and public about projects and regulatory requirements Higher quality applications that require less resources and time to review New Applicant Guidance Documents
5 Timeline and Project Milestones One-Stop Shop Early 2015 Spring 2015 Summer 2015 Winter Project Kick-off Discovery with Regulatory Agencies Website Development Website Launch Operations and Modifications
6 Encourage Eco-Enhanced Infrastructure Incorporating ecological design into waterfront projects New York City s dense urban setting calls for nuanced approaches to protection and enhancement of the environment and natural resources Land is intensively used and divided into smaller parcels controlled by many owners Historic industrial uses have contaminated may waterfront sites Experienced significant losses of tidal and freshwater wetlands citywide Development process and creative shoreline design can advance ecological opportunities and improve environmental conditions by: Using environmentally sensitive construction methods and design standards Integrating design elements that restore habitat value and functions, improving water quality and biodiversity Examples include naturalized shoreline edges, treatment wetlands, rain gardens and green roofs (green infrastructure)
7 Ecologically Enhanced Infrastructure ECOncrete Pile Encasements Brooklyn Bridge Park Concrete most common marine construction material worldwide Poor substrate for biological recruitment and toxic to marine life ECOncrete differs in composition, surface and macrodesign to encouraged biogenic buildup, attracting marine life and enhance intertidal habitat DEC had BBP conduct a pilot in 2013 encasing 18 piles under Pier 6 plus fiberglass control piles Results both in biogenic build-up and structural integrity have been very encouraging
8 Ecologically Enhanced Infrastructure ECOncrete Pile Encasements Brooklyn Bridge Park After only three months Fiberglass pile encasement 20-50% colonization Low biodiversity ECOncrete pile encasement % colonization Higher biodiversity Mating Blue Crabs!
9 Innovative Regulatory Tools Wetland Mitigation Banking Federal and State Regulation No Net Loss of Wetlands Projects must demonstrate avoidance and minimization of impacts If impacts are unavoidable, applicants propose suitable mitigation alternatives Suitable mitigation alternatives difficult to find in highly urbanized and hardened environments like New York City Mitigation banking is a nationally accepted mechanism for offsetting permitted impacts under federal regulations Large-scale wetland restoration is performed in advance, generating credits, which are made available for waterfront projects as mitigation for permitted impacts Mitigation banking is the EPA and Corps preferred approach to offsetting wetland impacts 28 states have mitigation banking programs, including New Jersey and Connecticut Since 1990, 960,000 acres of wetlands have been restored in over 1,000 banks
10 Wetland Mitigation Bank Pilot Project Saw Mill Creek Marsh, Staten Island 68 acres of city-owned degraded and filled-in wetlands Site selected because of interest from DEC Provide ~ 20 acres of mitigation for waterfront development projects in service area (in green) Result in net increase of 24 acres of tidal wetlands
11 Existing Conditions
12 Restored Saw Mill Creek
13 Timeline and Project Milestones Saw Mill Creek Mitigation Bank Spring 2015 Fall 2015 Spring Permits & Regulatory Approvals Construction Planting Monitoring & Maintenance Long-Term Conservation & Stewardship Credit Release Mitigation credits are released in tranches over the life of the project as each project milestone is successfully completed For example, 15% of the total potential credits will be released with the completion of regulatory approvals
14 14 Thank you! Discussion and Q&A Venetia Lannon, Regional Director New York State Department of Environmental Conservation Region 2 January 30, 2015
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