CHAPTER 17: COASTAL ZONE

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1 MA New York City ransit Fulton Street ransit Center DEIS AP 17: COAAL ZONE 17.1 INRODUCION CONEX D KEY ISSUES his chapter provides information concerning the anticipated impacts of the Fulton Street ransit Center (FC) on coastal resources. Section 17.2 describes the regulatory context for coastal zone protection, while Section 17.3 characterizes the affected environment. Section 17.4 details the potential impacts of the construction and operation of the FC on coastal resources while Section 17.5 provides a coastal zone consistency statement. he events of September 11 did not result in any impacts on coastal resources and the existing conditions in 2003 are considered to be representative of conditions that existed pre-september 11. he New York City coastal zone policy, the Local aterfront Revitalization Program (LRP), was updated in September 2002 and accounts for all Federal, State and local policies regarding protection and enhancement of the coastal zone within the City s boundaries. he intent and content of the policies did not change as a result of September 11. herefore, for the coastal zone consistency analysis, future conditions with and without the FC were assessed against existing 2003 coastal zone policies, projected forward to each of the three (3) analysis years CONCLUSIONS Under the No Action Alternative, the existing Fulton Street-Broadway Nassau Station Complex (Existing Complex) would remain as is, in its current configuration, except for routine maintenance measures and repair activities. No impacts on coastal resources would occur. Dewatering and water discharge activities and handling of hazardous substances during construction of FC under both Alternatives 9 and 10 would have relevance to water quality and hazardous substances under New York City Coastal Zone Policy Numbers 5 and 7, respectively. Construction activities could potentially cause temporary minor impacts, which would cease once construction is completed. Should such impacts occur, they would be controlled and mitigated through Environmental Performance Commitments (EPCs) and a Construction Environmental Protection Program (CEPP) and related plans. Construction of the FC would not result in any inconsistency with City coastal zone policies. Metropolitan ransportation Authority (MA) New York City ransit (NYC) has filed a request for determination of Consistency with the New York State Department of State (NYSDOS) as part of the Draft Environmental Impact Statement (DEIS) public review process (see Appendix M). he initial and full operation of the FC (study years 2008 and 2025) would benefit pedestrians and passengers by relieving congestion and provide improved access to the waterfront. able 17-1 presents a summary of potential environmental impacts on coastal resources associated with the construction and operation of the FC REGUORY CONEX he Federal Coastal Zone Management Act (CZMA) of 1972 was established to encourage and assist the states in preparing and implementing management programs to preserve, protect, develop, and restore or enhance the resources of the nation s coastal zone. he CZMA empowers individual states that have received Federal delegation to implement and enforce the CZMA only if a state creates a program and policies to protect its coasts. he CZMA requires that federally funded actions within the coastal zone be, to the maximum extent feasible, consistent with approved state management programs. 17-1

2 MA New York City ransit Fulton Street ransit Center DEIS able 17-1 Summary of Comparison of Alternatives: Coastal Zone Policy Consistency 2005/2006 (Construction) Common Commitments to Build Alternatives (for 2005/2006 Impact) No Action No impacts N/A 2008 (Initial Operation) No improved access to the waterfront 2025 (Full Operation) As 2008 Construction of westernmost edge of Dey Street Passageway and R - E Connector would have relevance to New York City Coastal Zone Policy Number 5: Protect and Improve ater Quality in the New York City Coastal Area. Pre-treatment activities prior to discharge into the sewer system. Alternative 9 Construction of westernmost edge of Dey Street Passageway and R - E Connector would have relevance to New York City Coastal Zone Policy Number 7: Minimize Environmental Degradation from Solid aste and Hazardous Substances. Contaminated materials managed, remediated and/or disposed of in accordance with all laws and regulations and prevented from entering coastal systems. Improved waterfront access As 2008 As Alternative 9 As Alternative 9 Alternative 10 Improved waterfront access As 2008 As Alternative 9 As Alternative 9 Source: he Louis Berger Group, Inc., New York State s aterfront Revitalization and Coastal Resources Act of 1981 led to the creation of the New York State Coastal Management Program (CMP), a program that established 44 state policies and designated five (5) coastal zones, including one (1) in New York City. Figure 17-1 shows New York City s coastal zone boundary in Lower Manhattan. he program also requires that state agencies undertaking actions within the coastal zone make a determination of consistency with state coastal area policies, and file such determinations with the NYSDOS, the agency administering the CMP. A coastal zone consistency determination will be made by the NYSDOS as part of the environmental review. Future coordination will occur after the issuance of the coastal zone consistency determination as the project progresses to construction. 17-2

3 SP RI NG AS RC YS PL Y BO RYS IE FOR SY HE ELD RID GE ELIZ ABE H S MO CR OS BY BA X ALL EN S CE N RE FA YE E MUL B RY PIKE MONROE A NH MA MARK FU L ON SS AU E BROAD S NA N DIVISIO OR KF PELL FR UR BA YA RD O NE AL L EX GE PL ILL IA M YN KL O GE RO RID B NC Y HE DE HENRY M EK BE N EN ID MA PI NE CE RU SP DE YS A LK PE AR L KR PAR CE DA R HI E AR D BR OO ME PA RK BR OA D MU RR FR KL IN LE ON AR D OR H H OM AS DU ES RE AD ES HO VARICK HUDSO N BR OA D HUDSO N RIVE R A RR EN LIS PE NA RD ME RC GR D BEA EH OU ON BR OA D EN E GR E AIGH S OO H OM PS ON Y OORE DESBRO SSES FA YE ES Coastal Zone PR IN CE BO SU LL IV AV O F AM IC AS SPRING Approximate Project Location Y VDAM Legend EA RI VE R BEAV FD,. Fulton Street ransit Center Feet Sources: NYC DoI Landbase; NYC DCP New York City Department of City Planning Coastal Zone Figure 17-1

4 MA New York City ransit Fulton Street ransit Center DEIS Pursuant to state regulations, New York City adopted a Local aterfront Revitalization Program (LRP) in 1982 to address coastal zone issues specific to New York City. he LRP, containing the 44 State policies and 12 City-specific policies, was incorporated into New York State s CMP. he LRP was updated in September 2002 and renamed the New aterfront Revitalization Program (RP). he new RP condensed the 1982 LRP s 44 state and 12 City-specific policies into 10 policies that account for all Federal, State and local policies regarding protection and enhancement of the coastal zone within the City s boundaries. Collectively, the 10 policies create a framework for the management of resources within the coastal zone. Proposed actions situated within New York City s coastal zone that require discretionary action must address their consistency with the City s new RP and its 10 policies, as discussed in Appendix M and summarized below: 1. Residential and Commercial Redevelopment 2. ater-dependent and Industrial Development 3. Commercial and Recreational Boating 4. Coastal Ecological Systems 5. ater Quality 6. Flooding and Erosion 7. Solid and Hazardous Substances 8. Public Access 9. Scenic Resources 10. Historic and Cultural Resources 17.3 AFFECED ENVIRONMEN New York City s coastal zone boundary extends waterward to the estchester County line in the north, the Nassau County line in the east, the New Jersey state line in the west, and the three (3)-mile territorial limit of the Atlantic Ocean in the south. he boundary extends inland to encompass any significant coastal features (see Appendix M for list of significant features). In areas where such features are absent, the coastal zone is defined as the nearest legally mapped street 300 feet landward from the Mean High ide Line. ithin the project vicinity, the coastal zone extends from the Hudson River to Church Street and from the East River to Gold and Cliff Streets. As shown in Figure 17-1, the only portion of the FC that lies within the New York City coastal zone is limited to the western end of the proposed Dey Street Passageway and R - E connection at Church Street. Proposed construction in this area includes street entrances and improved access to the subway mezzanine and platforms, including wider and more direct stairways and access for disabled customers. ENVIRONMENAL IMPACS INRODUCION As indicated in Section 17.3 above, only the westernmost edge of the proposed underground Dey Street Passageway and R - E connection is located in the New York City coastal zone. One or more construction staging areas associated with the project could be located within this area. Activities associated with the construction of the Dey Street Passageway that would occur within the coastal zone include dewatering and water discharge activities (City Policy No. 5) and temporary storage/staging of solid waste, siting of several small generators of hazardous wastes and handling of other hazardous substances (City Policy No. 7). ithin the coastal zone, the construction and operation of the FC will not affect residential and commercial redevelopment (City Policy No. 1); water-dependent and industrial development (City Policy No. 2); commercial and recreational boating (City Policy No. 3); coastal ecological systems (City Policy No. 4); flooding and erosion (City Policy No. 6); public access (City 17-4

5 MA New York City ransit Fulton Street ransit Center DEIS Policy No. 8); scenic resources (City Policy No. 9) and historic/cultural resources (City Policy No. 10). herefore, these polices are not applicable PRE-SEPEMB 11 REFENCE CONDIION he events of September 11 resulted in extensive impacts to the economy, transportation infrastructure, and environment in Lower Manhattan. he existing 2003 conditions represent a lower level of economic activity and transit demand, as well as different patterns of vehicular traffic and pedestrian activity, than existed pre-september 11. Due to the effects of September 11, current 2003 conditions are, therefore, not considered truly representative of normal conditions in Lower Manhattan for DEIS analysis purposes. ith respect to coastal zone management, however, the existing condition in 2003 is considered to be representative of conditions that existed prior to the events of September 11. ith respect to coastal zone policies, the LRP was updated in September 2002 and, as noted above, condensed the 1982 LRP s 44 state and 12 City-specific policies into 10 policies that account for all Federal, State and local policies regarding protection and enhancement of the coastal zone within the City s boundaries. he intent and content of the policies did not change. herefore, for the coastal zone consistency analysis, future conditions with and without the FC were assessed against existing 2003 coastal zone policies, projected forward to each of the three (3) analysis years ALYSIS YEAR 2005/2006 (CONRUCION) A detailed assessment of the FC s consistency with the 44 statewide coastal zone policies and 10 additional policies for sites in New York City is included in Appendix M and is summarized below. All 10 of the City s coastal zone policies were reviewed. Because only the westernmost edge of the Dey Street Passageway would be located in the coastal zone, only City Coastal Zone Policy No. 5 regarding water quality and City Coastal Zone Policy No. 7 regarding solid waste and hazardous substances are applicable to this project. Under the No Action Alternative, the FC would not be constructed. Minor maintenance and rehabilitation activities could occur within the Existing Complex, including typical station and transit infrastructure maintenance and repair. here would be no change in coastal zone conditions in the study area as a result. It would also not be expected that there would be any significant changes in coastal zone conditions as a result of the implementation, construction or operation of other actions or projects that could occur in the study area between 2003 and 2005/2006. Under Alternative 9, the westernmost edge of the Dey Street Passageway and R - E connection would be located in the coastal zone. he alternative would have relevance to Coastal Zone Policies 5 and 7, and consistency with these policies is discussed below. New York City Coastal Zone Policy Number 5: Protect and Improve ater Quality in the New York City Coastal Area Construction of the FC would require limited dewatering and water discharge activities associated with excavation activities, particularly for the passageway beneath Dey Street, the underground pedestrian connector along Church Street, and other new and renovated project elements such as stairs, elevators and entrances (see Chapter 4: Construction Methods and Activities for full project details). Dewatering techniques that would be employed include the construction of water-tight retention systems, which cement the soils together, increasing strength and rendering the soils impermeable; toe grouting of the base of retaining walls, and designing concrete floor slabs to withstand upward hydrostatic pressures. It is also anticipated that ground displacements would be controlled by installing rigid, watertight walls such as secant pile walls or slurry walls. hese walls would extend into underlying impermeable soils, thus providing a groundwater cutoff, which would preclude the need for ground modification to stabilize granular soils. here new passageways extend under existing subways, or where existing passageways 17-5

6 MA New York City ransit Fulton Street ransit Center DEIS are to be widened, a combination of ground modification, underpinning and dewatering would be required to support the subway tunnel and tunnel subgrade during construction. Any dewatering would be done in conformance with the New York City Department of Environmental Protection s (NYCDEP) regulations. he dewatering activities would result in the discharge of groundwater into the City s combined sewer system. Further information on this topic may be found in Chapter 15: Natural Resources. Construction contractors would need staging space immediately adjacent to construction areas (such as closed lanes and sidewalks of Broadway, Dey, Fulton and John Streets, and the eastern sidewalk of Church Street). ith the exception of the eastern sidewalk of Church Street, and the western end of Dey Street, which is located on the eastern fringe of the coastal zone, none of these areas are located within the coastal zone. As dewatering, staging and all other construction-related activities would be carefully monitored to avoid and/or minimize unnecessary discharges, these activities are anticipated to cause only temporary minor impacts that would cease when construction is completed. ith respect to dewatering, appropriate pretreatment activities prior to discharge into the sewer system would ensure that these impacts would be minimized to the greatest extent possible; all discharges would be in accordance with the appropriate Federal, State, and local permits and approvals obtained prior to construction. All construction staging would be carefully monitored to limit any soil erosion or discharges to nearby catch basins. he construction and operation of the FC would not result in soil erosion or generate additional nutrients or pollutants to the Hudson River, and no construction activities would occur in navigable waters or in or near marshes, estuaries, tidal marshes and wetlands. Finally, there are no streams or wetlands located on or in the proximity of the project site. Groundwater is not used for drinking water or other purposes in the project vicinity or in Manhattan as a whole. FC construction activities would, therefore, be consistent with City Policy No. 5. New York City Coastal Zone Policy Number 7: Minimize Environmental Degradation from Solid aste and Hazardous Substances he construction of the FC may include the temporary storage of solid waste material, siting of several small generators of hazardous wastes and handling of other hazardous substances within the project site. Potential generators of hazardous waste and substances on site include the use of fuel storage tanks and compressed gas (e.g. acetylene), paints and cleaning solvents. In addition, the construction operations may also require the storage of fuel storage tanks, use of diesel or other fuels, and other hazardous substances routinely used in construction. Uses of any hazardous substances would be conducted and managed according to applicable laws, regulations and permits. Storage areas of hazardous substances (including petroleum) would have secondary containment. Solid waste would be transported and disposed of by licensed haulers to appropriate licensed facilities according to applicable laws and regulations. No petroleum products are anticipated to be disturbed or discharged by the Proposed Action. If pending investigations and construction activities reveal the presence of more than de minimis levels of petroleum products, such products will be managed, remediated and/or disposed of in accordance with all laws and regulations. In the unlikely event that petroleum is disturbed or discharged, it would be managed, remediated and/or disposed of in conformance with all applicable laws, rules, and regulations he activities discussed above would be consistent with City Policy No. 7. Under Alternative 10, the westernmost edge of the Dey Street Passageway and R - E connector would be located in the coastal zone. Similar to Alternative 9, the coastal zone policies relevant to Alternative 9 during the 2005/2006 analysis year are City Policy No. 5 and City Policy No 7. herefore, the coastal zone policy consistency analysis contained in Appendix M and summarized above for the Alternative 9 also applies to Alternative 10. Alternative 10 would be consistent with coastal zone policies. 17-6

7 MA New York City ransit Fulton Street ransit Center DEIS ALYSIS YEAR 2008 (INIIAL OPAIONAL YEAR) Under the No Action Alternative, the FC would not be constructed. he Existing Complex would continue in its current operational configuration. Minor maintenance and rehabilitation activities could occur within the Existing Complex, including typical station and transit infrastructure maintenance and repair. here would be no change in coastal zone conditions in the study area as a result. Under both Alternatives 9 and 10, the FC is expected to be operational by Operation of the FC would not result in any inconsistency with City coastal zone policies. In 2008, the FC is expected to have positive benefits for passengers, the local community and Lower Manhattan, as the project goals (see Chapter 1: Purpose and Need) are achieved and the FC makes a positive contribution to the revitalization of Lower Manhattan ALYSIS YEAR 2025 (FULL OPAIONAL YEAR) Under the No Action Alternative, the FC would not be constructed. he Existing Complex would continue in its current operational configuration. Minor maintenance and rehabilitation activities could occur within the Existing Complex, including typical station and transit infrastructure maintenance and repair. here would be no change in coastal zone conditions in the study area as a result. Under Alternatives 9 and 10, the FC is expected to be fully operational by his would not result in any inconsistency with coastal zone policies, as there would not be any adverse environmental impacts associated with operation of the FC. By 2025, Lower Manhattan is expected to have returned to its pre-september 11 condition, with associated economic growth and development occurring between the present and In operation the FC is expected to have positive benefits for passengers, the local community and Lower Manhattan, as the project goals (see Chapter 1: Purpose and Need) are achieved and the FC makes a positive contribution to a revitalized Lower Manhattan COAAL ZONE CONSIENCY AEMEN Although the specific design features of the FC would not be finalized until after the completion of the EIS process, available information to date indicates that the FC would be consistent with all applicable coastal zone policies during both construction and operation. he minor area of permanent modification in the coastal zone is not expected to result in any inconsistencies with coastal zone policies. Any impacts that could occur in the coastal zone are considered to be temporary and minor in nature and would be associated with construction only. Coastal zone consistency would be achieved during construction through adherence to relevant regulations and guidelines and implementation of measures employed to prevent environmental impacts. In addition, a CEPP is being developed as part of the Preliminary Engineering of the FC. he implementation of environmental protection measures contained in this program would also contribute to the achievement of coastal zone consistency by minimizing environmental impacts. Such measures would include the development and enforcement of construction contract specifications for the prevention of surface and groundwater contamination, and the preparation of detailed Soil and Contaminated Material Management Plans and Groundwater Management Plans for implementation during construction. 17-7

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