New Brighton Comfort Station Draft Scope of Work Targeted Environmental Impact Statement

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1 New Brighton Comfort Station Draft Scope of Work Targeted Environmental Impact Statement A. INTRODUCTION This Draft Scope of Work outlines the issues to be analyzed in a targeted Environmental Impact Statement (EIS) for the installation of a modular comfort station near the eastern end of the Brighton Beach Boardwalk, approximately between Coney Island Avenue and Seacoast Terrace, in the neighborhood of Brighton Beach in Brooklyn (see Figure 1). The new comfort station would replace a previously existing comfort station that was damaged by Superstorm Sandy in October 2012 and subsequently demolished. The replacement comfort station would be located predominantly within the footprint of the previously existing comfort station. The preparation of this targeted EIS for the New Brighton Comfort Station was directed by a New York State Supreme Court Justice sitting in Kings County in an order filed on August 27, B. PROJECT DESCRIPTION PROJECT SITE The proposed project would install a replacement comfort station approximately 300 feet east of Coney Island Avenue and immediately to the south of the Brighton Beach Boardwalk (see Figure 2). The project site is located on Block 8725, which comprises the boardwalk from Coney Island Avenue to the west and the boardwalk s terminus to the east and the waterfront portion of the beach from the boardwalk to the ocean. Block 8725, including the project site, is mapped parkland. The proposed project would be constructed predominantly within the footprint of a comfort station that was severely damaged by Superstorm Sandy in October 2012 and subsequently demolished; portions of the stairs leading to the modular units would extend outside the footprint. The next nearest comfort station on this portion of the boardwalk is at Brighton 2nd Street, approximately 1/3-miles away (see Figure 3). The replacement comfort station is partially completed on the project site. 2 Work began in April 2013 with the placement of 42 concrete and wood pilings. Work on the project was halted when 1 Oceana Homeowners Association v. City of New York, Ind. No (Sup. Ct. Kings County). 2 NYCDPR received permits for its proposed work efforts at Coney Island and Manhattan Beach from the New York State Department of Environmental Conservation (NYSDEC) as per Article 34 of the Environmental Conservation Law (ECL) for new structures within the Coastal Erosion Hazard Area, Tidal Wetlands Permits as per Article 25 of the ECL, permission for excavation and fill or navigable waters as per Article 15 of the ECL for the repair of Steeplechase Pier, and Clean Water Act Water Quality Certification. 1

2 BRIGHTON 5 ST BRIGHTON 6 ST BRIGHTON 14 ST BRIGHTON BEACH AVE OCEANA TERRACE BRIGHTON 14 ST B R IG H T O N 1 5 ST BRIGHTON 7 ST CONEY ISLAND AVE OCEANA D R W E S T SEACOAST TERRACE CORBIN PL. BRIGHTWATER CT BRIGHTWATER AVE BOARDWALK EAST A T L A N T I C O C E A N N Project Site Boundary FEET SCALE NEW BRIGHTON COMFORT STATION Project Location Figure 1

3 CONEY ISLAND AVE OCEANA DR WEST OCEANA DR EAST BOARDWALK EAST N Project Site Boundary NOTE: Previously-existing comfort station shown FEET SCALE NEW BRIGHTON COMFORT STATION Project Site Aerial Photograph Figure 2

4 GRAVESEND BAY Gravesend Sheepshead Bay CONEY ISLAND CREEK SHEEPSHEAD BAY Sea Gate Coney Island Brighton Beach Manhattan Beach ATLANTIC OCEAN N Steeplechase Pier W. 8th Street W. 2nd Street Brighton 2nd Street New Brighton FEET SCALE NEW BRIGHTON COMFORT STATION Coney Island and Brighton Beach Comfort Stations Figure 3

5 New Brighton Comfort Station below-grade obstructions prevented further pile driving activities. Twelve pilings need to be placed at the proposed project site before the modular structures can be installed. PROPOSED REPLACEMENT COMFORT STATION DESIGN The replacement comfort station would consist of two modular units one serving as the women s restroom and the other as the men s each approximately 15 wide, 12 feet high, and 60 feet long and totaling 1,710 square feet between the two units. The modular structures have been prefabricated off-site and were delivered to an area near the project site. The structures would be lifted onto the pilings via crane. The modular structures would be oriented in a perpendicular manner to the beach to expose less surface area to wind and wave action in future storms (see Figures 4 and 5). The modular structures are designed to provide an 8-foot underclearance in order to allow boardwalk patrons to walk underneath and to provide views from the boardwalk to the ocean through the structural supports. Stairs and ADA accessible ramps would connect the structures to the boardwalk and adjacent beach area. The materials for the modular structure have been designed to withstand conditions on the beachfront. The piles and foundations are made of concrete. Steel is used for the main frame, with the siding made of concrete fiber board and the interiors of tile and stainless steel. The replacement comfort station would be compliant with the requirements of the American with Disabilities Act (ADA). The stairs and ramps providing access to each modular structure have been designed to break away during a large storm event to comply with direction given by NYSDEC. The break-away staircases and ramps allow for the larger structure to remain stable during an extreme storm event. PROPOSED OPERATIONS The proposed replacement comfort station are planned to be open for public use from March through November of each year. They will be staffed by NYCDPR maintenance staff and patrolled by NYCDPR Enforcement Patrol officers. C. PROPOSED ACTIONS AND APPROVALS PROJECT BACKGROUND Superstorm Sandy, which struck New York City in late October 2012, damaged portions of the city s infrastructure, including many of NYCDPR s beaches and facilities. In the seven months after the storm, over $270 million was spent on restoring all 14 miles of New York City beaches, including Brighton Beach, in order to re-open them for the 2013 summer season. The restoration program repaired portions of damaged boardwalks, provided new access, and incorporated new resiliency measures. The proposed comfort station was one of 35 comfort stations to be installed in 15 locations throughout New York City; most have been installed and were in use during the 2013 beach season. FACTORS AFFECTING THE LOCATION OF THE PROPOSED COMFORT STATION New York State Public Health Law governing bathing beaches (10 NYCRR Part 6, Subpart 6-2) requires that adequate toilet and hand washing facilities are provided at these beaches. The same regulations require that one of the factors in determining the location of toilet and hand washing facilities would be the susceptibility of the area to flooding. 2

6 N Proposed Comfort Station Previously -Existing Comfort Station Footprint NEW BRIGHTON COMFORT STATION Site Plan Figure 4

7 NOTE: FOR ILLUSTRATIVE PURPOSES ONLY NEW BRIGHTON COMFORT STATION Illustrative Project Rendering Figure 5

8 Draft Scope of Work The Federal Emergency Management Agency (FEMA) provides funding for post-disaster rebuilding efforts. FEMA reimbursement is for in-kind repairs except where an applicant (in this case, NYCDPR), is required to adhere to new codes and standards as a result of the repair (in this case, NYCDPR determined that it would raise the replacement comfort station above the 500-year floodplain elevation). PROPOSED ACTIONS AND APPROVALS FOR THE CURRENT PROJECT NYCDPR received permits for its work efforts at Coney Island and Manhattan Beach, including this proposed replacement comfort station, from NYSDEC as per Article 34 of the Environmental Conservation Law (ECL) for new structures within the Coastal Erosion Hazard Area and Tidal Wetlands Permits as per Article 25 of the ECL. 1 Although the installation of the replacement comfort station is classified as a Type II action, an EIS for the New Brighton comfort station is being prepared to comply with the above-mentioned court order. The EIS will comply with all procedures associated with that of an action classified as a Type I action pursuant to SEQRA/CEQR. There are no additional actions or approvals contemplated for this project. PURPOSE AND NEED The installation of the proposed replacement comfort station would restore access to toilet and hand washing facilities to this portion of the Brighton Beach Boardwalk. The restoration of the City s recreational facilities including beaches, boardwalks, and amenities is a key part of post-sandy recovery efforts. 2 Furthermore, the proposed comfort station is specifically designed to be resilient against future storm surges and resulting damage by raising the structure above the 500-year floodplain elevation. D. CITY ENVIRONMENTAL QUALITY REVIEW The targeted EIS will be prepared in conformance with all applicable laws and regulations, including the State Environmental Quality Review Act (Article 8 of the New York State Environmental Conservation Law) and its implementing regulations found at 6 NYCRR Part 617, New York City Executive Order No. 91 of 1977, as amended, and the Rules of Procedure for the City Environmental Quality Review (CEQR), found at Title 62, Chapter 5 of the Rules of the City of New York. The EIS will follow the guidance of the 2012 CEQR Technical Manual. ANALYSIS FRAMEWORK Each chapter of the targeted DEIS will assess whether the proposed project could result in significant adverse environmental impacts. 1 NYCDPR also received approval from the New York City Public Design Commission and the New York City Department of Small Business Services ( DSBS ) Waterfront Permits Unit. In addition, the Federal Emergency Management Agency ( FEMA ) issued its Record of Environmental Determination on the post-sandy recovery work in Coney Island, including the replacement New Brighton comfort station, and the proposed replacement comfort station s consistency with the New York City Waterfront Revitalization Program was evaluated and approved by the New York State Department of State (NYSDOS). 2 Restoration of the City s beaches is the first Parks Initiative outlined in the City s Special Initiative for Rebuilding and Resiliency (SIRR), the comprehensive plan for rebuilding after Superstorm Sandy and for increasing the City s resilience. 3

9 New Brighton Comfort Station The differences between the future without the proposed project (the No Action condition) and the future with the proposed project (the With Action condition) will be assessed for whether such differences are adverse and/or significant; any significant adverse environmental impacts will be disclosed. The targeted DEIS will also identify and analyze appropriate mitigation for any identified significant adverse environmental impacts. The analysis year is 2014 since the New Brighton comfort station is proposed to be installed by the opening of the 2014 beach season. In the With Action condition, NYCDPR would construct the comfort station as described above in Section B, Project Description. Although the installation of the replacement comfort station is a replacement in kind otherwise exempt from environmental review, an EIS for the New Brighton comfort station is being prepared to comply with the above-mentioned court order. Accordingly, for the purposes of this review, the No Action condition is assumed to be the rebuilt structure as it existed prior to being destroyed by Superstorm Sandy. SCOPING The CEQR scoping process is intended to focus the EIS on those issues that are most pertinent to the proposed action. The process at the same time allows other agencies and the public a voice in framing the scope of the EIS. This Draft Scope of Work screens out those technical areas that would not have the potential for significant adverse environmental impacts (see Section E, Environmental Impact Screening Assessment ) and sets forth the analyses and methodologies proposed for the EIS (see Section F, Scope of Work for the Targeted EIS ). During the scoping period, those interested in reviewing the targeted EIS Draft Scope of Work and providing their comments to the lead agency may do so in writing or at a public scoping hearing to be held on Monday, November 18, 2013 from 6 PM to 8 PM at the following location: Shorefront YM-YWHA of Brighton-Manhattan Beach 3300 Coney Island Avenue Brooklyn, NY Comments received during the public hearing, and written comments received through the close of the comment period (which is held open a minimum of 10 days after the hearing), will be considered and incorporated as appropriate into a Final Scope of Work. The comment period will close on December 2, The Final Scope of Work will be used as a framework for preparing the targeted Draft EIS (DEIS) for the proposed project. E. ENVIRONMENTAL IMPACT SCREENING ASSESSMENT The screening assessment below demonstrates that the proposed replacement comfort station would not have the potential for significant adverse environmental impacts in the following areas: socioeconomic conditions; community facilities and services; open space; historic and cultural resources; water and sewer infrastructure; solid waste and sanitation services; energy; transportation; air quality; greenhouse gas emissions; noise; and public health. Therefore, these analysis areas will not be discussed further in the targeted EIS. SOCIOECONOMIC CONDITIONS The socioeconomic character of an area includes its population, housing, and economic activity. According to the CEQR Technical Manual, a socioeconomic assessment should be conducted if 4

10 Draft Scope of Work a project may reasonably be expected to create substantial socioeconomic changes within the area affected by the project that would not occur in the absence of the project. Projects that would trigger a CEQR socioeconomic analysis include the following: Direct displacement of a residential population so that the socioeconomic profile of the neighborhood would be substantially altered. Direct displacement of more than 100 employees or the direct displacement of a business or institution that is unusually important. Introduction of substantial new development that is markedly different from existing uses, development, and activities within the neighborhood. Projects that are expected to affect conditions within a specific industry, such as a citywide regulatory change that could adversely impact the economic and operational conditions of certain type of businesses. The proposed project would result in a replacement comfort station facility within a public park under the jurisdiction of the New York City Department of Parks and Recreation (DPR). The proposed project would not displace any residents or businesses, nor would it result in any residential or commercial development that could indirectly displace residents or businesses. In addition, the proposed project does not have the potential to affect conditions in a specific industry. Therefore, the proposed project would not result in any significant adverse impacts on socioeconomic conditions, and further analysis is not warranted. COMMUNITY FACILITIES AND SERVICES Under CEQR Technical Manual methodology, projects that would not add new residents to an area generally do not need to consider community facility impacts, unless a given project would have a direct effect on a community facility (e.g., demolition or relocation). The proposed replacement comfort station would not result in the development of any residential units and therefore would not add demands on public education facilities, public child care facilities, or public libraries; nor significant added demands on health care facilities or police and fire services. The proposed project would not result in direct displacement of any existing community facilities. Therefore, the proposed project would not result in any development that would exceed CEQR Technical Manual thresholds for potential significant impacts to community facilities and no further analysis is required. OPEN SPACE The CEQR Technical Manual recommends conducting a open space assessment if a proposed action would have a direct effect on an open space; would entail the use of parkland for a nonparkland purpose; would involve the termination of use for outdoor recreation of City-owned parkland that has received federal funds for acquisition or improvement; would involve the conveyance of municipal parkland; or would add residents or employees to an area, depending on whether the relevant area is considered under- or well-served by open space. The project area is considered neither under- or well-served by open space, and thus the relevant threshold for analysis would be an increase of 200 residents or 500 employees. The proposed project would not add any new residents or employees to the area. In addition, as the proposed project would replace a comfort station that was damaged by Hurricane Sandy and subsequently demolished, the project would have a beneficial impact on the quality of existing open space. 5

11 New Brighton Comfort Station Furthermore, the proposed replacement comfort station would be located predominantly within the footprint of the previously existing comfort station with only portions of the stairs leading to the modular units extending outside the footprint. Because of the proposed project s design, the footprint would be substantially smaller than that of the previously existing comfort station. HISTORIC AND CULTURAL RESOURCES According to the CEQR Technical Manual, a historic and cultural resources assessment is required if a proposed project has the potential to affect either archaeological or architectural resources. Archaeological resources are the physical remains, usually subsurface, of the prehistoric (Native American) or historic periods. Architectural resources include designated New York City Landmarks; properties calendared for consideration as such; properties listed on or eligible for listing on the State and/or National Register of Historic Places (S/NR); and National Historic Landmarks. ARCHAEOLOGICAL RESOURCES As the replacement comfort station would be constructed predominantly within the footprint of the previously-existing comfort station, it is not anticipated that the proposed project would be developed in an area of any archaeological sensitivity. The New York City Landmarks Preservation Commission (LPC) will be consulted to confirm that the proposed project would not result in any significant adverse impacts related to archaeological resources. ARCHITECTURAL RESOURCES There are no known or potential architectural resources within the vicinity of the project site. Therefore, the proposed replacement comfort station would not have the potential to result in significant adverse impacts to architectural resources, and no further analysis is warranted. WATER AND SEWER INFRASTRUCTURE The CEQR Technical Manual outlines thresholds for analysis of a project s water demand and its generation of wastewater and stormwater. A preliminary analysis of the proposed replacement comfort station s effects on the water supply system is not warranted because the proposed project s anticipated water demand would not be substantially different than the previously-existing comfort station. Likewise, an assessment of the project s effects on wastewater or stormwater infrastructure is not warranted because the proposed project would not result in new demand on sewer infrastructure, as compared to the reconstruction of the previously-existing comfort station. Therefore, the proposed project would not result in any significant adverse water and sewer infrastructure impacts, and no further analysis is warranted. SOLID WASTE AND SANITATION SERVICES A solid waste assessment determines whether a project has the potential to cause a substantial increase in solid waste production that may overburden available waste management capacity or otherwise be inconsistent with the City s Solid Waste Management Plan (SWMP) or with state policy related to the City s integrated solid waste management system. The City s solid waste system includes waste minimization at the point of generation, collection, treatment, recycling, composting, transfer, processing, energy recovery, and disposal. The proposed replacement comfort station would not be expected to generate substantial new demand for solid waste and sanitation services, as compared to the reconstruction of the 6

12 Draft Scope of Work previously-existing comfort station. Therefore, no further analysis is required and the proposed project would not result in a significant adverse impact related to solid waste and sanitation services. ENERGY According to the CEQR Technical Manual, a detailed assessment of energy impacts would be limited to actions that could significantly affect the transmission or generation of energy. The proposed project would have a negligible effect on energy consumption, and would not significantly affect the transmission or generation of energy. Therefore, no further analysis is required and the proposed replacement comfort station would not result in a significant adverse impact related to energy. TRANSPORTATION According to the CEQR Technical Manual, a transportation analysis should be conducted for projects when they have the potential to result in an increase in traffic, transit use, pedestrian activity, or parking demand. If a project is expected to result in fewer than 50 peak hour vehicle trips and fewer than 200 peak hour transit or pedestrian trips, quantified analyses are not warranted. The proposed replacement comfort station would be constructed on the site of a previouslyexisting comfort station and is therefore not expected to change traffic patterns, transit usage, pedestrian patterns, or parking demand. Therefore, no significant transportation impacts are expected from the proposed replacement comfort station, and no further analysis is warranted. AIR QUALITY According to the CEQR Technical Manual, an air quality analysis should be conducted for projects that may result in significant mobile source air quality impacts when they increase or cause a redistribution of traffic, create any other mobile sources of pollutants (such as diesel trains, helicopters, etc.), or add new uses near mobile sources (roadways, garages, parking lots, etc.). An air quality analysis should also be conducted for projects that may result in stationary source air quality impacts, such as projects that would create new stationary sources of pollutants that may affect surrounding uses (such as from emission stacks for industrial plants, hospitals, other large institutional uses, or even a building s boilers); introduce certain new uses near existing (or planned future) emissions stacks that may affect the use; or introduce structures near such stacks so that the structures may change the dispersion of emissions from the stacks so that surrounding uses are affected. The proposed replacement comfort station would not introduce any new mobile sources nor would it change existing vehicular patterns; therefore the project would not result in any mobile source air quality impacts. The proposed replacement comfort station would also not create a new stationary source of pollutants. Therefore, no significant air quality impacts are expected from the proposed project, and no further analysis is warranted. GREENHOUSE GAS EMISSIONS According to the CEQR Technical Manual, a greenhouse gas emissions (GHG) analysis is typically conducted for larger projects that have a greater potential to be inconsistent with the City s GHG reduction goal to a degree considered significant. Examples of projects that warrant assessment include power generation projects, projects that result in development of more than 7

13 New Brighton Comfort Station 350,000 square feet, or projects that would fundamentally change the City s solid waste management system. The proposed replacement comfort station project would replace a previously-existing comfort station, and would not be the type of project that would have the potential to be inconsistent with the City s GHG reduction goal as outlined in Executive Order 109 of NOISE According to the CEQR Technical Manual, a noise analysis could be warranted for projects that generate mobile or stationary sources of noise or that would be located in areas with high ambient noise levels that could affect the proposed project s uses. The proposed replacement comfort station would replace a previously-existing comfort station, would not result in any mobile or stationary sources of noise, and would not introduce any new receptors that would be sensitive to ambient noise levels. Therefore, the proposed project would not result in any significant adverse noise impacts, and no further analysis is warranted. PUBLIC HEALTH According to the CEQR Technical Manual, an analysis of public health is not warranted for projects where no unmitigated adverse impact is found in other CEQR analysis areas, such as air quality, water quality, hazardous materials, or noise. Since there would be no significant adverse impacts in these areas, a public health analysis is not warranted, and no further analysis is warranted. As mentioned previously, adequate toilet and hand washing facilities at public bathing beaches are required by New York State Public Health Law. F. SCOPE OF WORK FOR THE TARGETED EIS As set forth by the SEQRA regulations and the CEQR Technical Manual, the installation of a replacement comfort station at New Brighton does not warrant further study or analysis in any technical area. However, there are a number of claims raised by the public and the Petitioners in Oceana Homeowners Ass n v. City of New York et al., the underlying Article 78 Petition for the above-referenced court order. Accordingly, NYCDPR has determined that the court-directed EIS will analyze the following technical areas: shadows; urban design and visual resources; natural resources; hazardous materials; neighborhood character; and construction. Therefore, assessments of likely effects in those areas of concern will be prepared and disclosed in a targeted EIS. While there are no zoning or land use approvals for the proposed project, a land use, zoning, and public policy analysis will also be prepared to provide neighborhood context and to serve as a baseline for other sections. Overall, the EIS will contain: A description of the proposed project and its environmental setting; A statement of the environmental impacts of the proposed project, including its short- and long-term effects and typical associated environmental effects; An identification of any adverse environmental effects that cannot be avoided if the project is implemented; A discussion of reasonable alternatives to the proposed project; 8

14 Draft Scope of Work An identification of irreversible and irretrievable commitments of resources that would be involved in the proposed project should it be implemented; and A description of mitigation proposed to minimize any identified significant adverse environmental impacts. The specific areas to be included in the targeted EIS, as well as their respective tasks, are described below. PROJECT DESCRIPTION The project description will introduce the reader to the proposed project, give a brief history of the beach use and describe the previous comfort station. Hurricane Sandy and its effects on the beach and beach infrastructure (i.e., the comfort station) will be described as will storm surge projections for the 500-year floodplain and NYCDPR s efforts to rebuild and restore the City s beaches following Sandy. A statement of the purpose and need for the project will be included. The project description will include a summary of the design guidelines and regulatory requirements that dictate the form, dimensions, and location of the proposed comfort station. SHADOWS The CEQR Technical Manual requires a detailed assessment of project-generated shadows when a proposed action would result in new structures (or additions to existing structures) greater than 50 feet in height, or of any height if located adjacent to a sunlight-sensitive resource. Such resources include publicly accessible open spaces, important sunlight-sensitive natural features, or historic resources with sun-sensitive features. While the proposed replacement comfort station would be less than 50 feet in height, and while it is not expected that the project would result in shadow impacts since it would occupy a smaller footprint than the previously existing comfort station, the EIS will include a shadows assessment to disclose the difference in shadow between the proposed project and the previously existing comfort station. The assessment would involve developing a base map of the project site and surrounding area, using a computer model to determine the extent and duration of shadows in the No Action condition and the extent of new shadows, comparing the difference in shadow between the No Action and With Action condition, and assessing the significance of any shadow impacts. URBAN DESIGN AND VISUAL RESOURCES Typically, as described in the CEQR Technical Manual, an assessment of urban design is needed when a project would result in a physical alteration, observable to the pedestrian, beyond that allowed by existing zoning. While there are no zoning actions needed for the replacement comfort station given the location of the project, issues relating to urban design and visual resources will nevertheless be evaluated. The EIS analysis will consider the differences in views for the public from both the boardwalk and beach areas and compare the effect of the project against the No Action condition, which assumes the previously existing comfort station in place. The analysis would include a description of the existing project area, the future No Action, and future With Action conditions and would present photographs, renderings (from the pedestrian s perspective), and project drawings. 9

15 New Brighton Comfort Station NATURAL RESOURCES According to the CEQR Technical Manual, if a project involves the disturbance of a natural resource but that disturbance has been deemed insignificant by a government agency with jurisdiction over that resource and conditions have not changed significantly since the permit was issued, a natural resources assessment is not warranted. As stated above, NYCDPR received permits for its work efforts at Coney Island and Manhattan Beach, including this proposed replacement comfort station, from NYSDEC as per Article 34 of the ECL for new structures within the Coastal Erosion Hazard Area and Tidal Wetlands Permits as per Article 25 of the ECL. Therefore, an assessment is not warranted. However, the EIS will include a discussion of natural resources within the vicinity of the New Brighton replacement comfort station, which include the beach, landscaped areas on the landward side of the boardwalk, and exterior structural habitat provided by the boardwalk. The natural resources assessment will describe the existing natural resources within the vicinity of the proposed replacement comfort station (e.g., floodplains, beach as a natural protective feature, tidal wetland adjacent area, terrestrial habitat and wildlife) on the basis of existing information and a reconnaissance visit. The assessment will also evaluate the potential for the proposed modular design, supported on piles and caissons with break away stairs, to result in significant adverse impacts to natural resources, particularly with respect to the natural protective features of the beach due to beach erosion, and to existing erosion control structures that may be located in the vicinity of the project site. Measures incorporated into the design of the replacement comfort station to minimize losses due to damage from flood and erosion will be described. HAZARDOUS MATERIALS The EIS will address the potential presence of hazardous materials on the project site since the piles for the replacement comfort station will be extended deeper than the piles of the previously existing comfort station. The EIS will summarize the Phase I Environmental Site Assessment (ESA) that will be prepared for the project site, and will include any necessary recommendations for additional testing or other activities that would be required either prior to or during construction and/or operation of the project, including a discussion of any necessary remedial or related measures. LAND USE, ZONING, AND PUBLIC POLICY While there are no zoning or land use approvals for the proposed project, the EIS will include a land use, zoning, and public policy chapter to provide neighborhood context and to serve as a baseline for other sections. For this task, land uses will be described for an area within approximately 400 feet of the New Brighton comfort station site. Public policies, including the Special Initiative for Rebuilding and Resiliency (which specifically outlines the restoration of the City s beaches as the first initiative for increasing resiliency in parks), will also be discussed. The proposed replacement comfort station s consistency with the New York City Waterfront Revitalization Program was evaluated and approved by the New York State Department of State (NYSDOS) on March 7, The EIS will provide a summary of the coastal consistency form and NYSDOS s approval. 10

16 Draft Scope of Work NEIGHBORHOOD CHARACTER According to the CEQR Technical Manual, neighborhood character is an amalgam of various elements that give neighborhoods their distinct personality. These elements may include a neighborhood s land use, socioeconomic conditions, open space, historic and cultural resources, urban design, visual resources, shadows, transportation, and noise. Not all of these elements affect neighborhood character in all cases; a neighborhood usually draws its distinctive character from a few defining elements. An analysis of neighborhood character is warranted if a proposed project has the potential to result in significant adverse impacts in any technical area (land use, socioeconomic conditions, open space, historic and cultural resources, urban design, visual resources, shadows, transportation, and noise) or if a project would result in a combination of moderate effects to several elements that could cumulatively impact neighborhood character. Because the courtdirected EIS will include analyses of several of these analysis areas, a preliminary assessment of neighborhood character will be included in the EIS. The preliminary assessment will identify the defining features of the neighborhood and assess whether the project has the potential to impact these defining features, either through the potential for significant adverse impacts or a combination of moderate effects. If the preliminary assessment concludes that the proposed project has the potential to affect defining features of a neighborhood, a detailed assessment of neighborhood character will be undertaken. CONSTRUCTION The construction section of the EIS will describe the construction schedule and the anticipated construction activities that remain for the replacement comfort station. The EIS will qualitatively assess how construction activities could affect traffic conditions, noise levels, and air quality conditions at nearby locations during the limited construction period. In addition, temporary construction-related impacts to natural resources, such as the potential for increased noise levels and human activity during construction of the replacement comfort station to adversely affect wildlife, will be assessed. ALTERNATIVES The alternatives section will assess alternatives to the proposed project. A No Action Alternative will be considered, which would assume reconstruction of the previously existing comfort station in place. 1 A Location Alternative, which would assume that the proposed replacement comfort station would be constructed in a nearby location along the boardwalk, will also be presented. MITIGATION If significant project impacts are identified in the analyses discussed above, measures will be identified and assessed to mitigate those impacts. Where impacts cannot be mitigated, they will be described as unavoidable adverse impacts. 1 Since the No Action Alternative would not result in the comfort station being raised above the 500-year floodplain elevation, this alternative would not comply with current codes and requirements. 11

17 New Brighton Comfort Station SUMMARY CHAPTERS In accordance with CEQR Technical Manual guidelines, the EIS will include the following three summary chapters, where appropriate: Unavoidable Adverse Impacts which summarizes any significant adverse impacts that are unavoidable if the proposed actions are implemented regardless of the mitigation employed (or if mitigation is impossible); Growth-Inducing Aspects of the Proposed Actions which generally refers to secondary impacts of a proposed actions that trigger further development; and Irreversible and Irretrievable Commitments of Resources which summarizes the proposed actions and their impacts in terms of the loss of environmental resources (loss of vegetation, use of fossil fuels and materials for construction, etc.), both in the immediate future and in the long-term. EXECUTIVE SUMMARY The executive summary will use relevant material from the body of the EIS to describe the proposed actions, their significant and adverse environmental impacts, measures to mitigate those impacts, and alternatives to the proposed actions. 12