APPENDIX M: COASTAL ZONE MANAGEMENTweb.mta.info/capital/fc_docs/deis/appendices/appendixm.pdf · May 2004 Appendix M – Coastal Zone Management M-3 New York State Policy 5: Encourage

MTA New York City Transit Fulton Street Transit Center DEIS

May 2004 Appendix M – Coastal Zone Management M-1

APPENDIX M: COASTAL ZONE MANAGEMENT

M.1 INTRODUCTION As discussed in Chapter 17: Coastal Zone Management, given that the selected project activities would be conducted within the coastal zone, consistency with applicable State and local coastal zone management policies must be demonstrated. These policies are administered at the State level by the New York State Department of State’s (NYSDOS) Coastal Management Program (CMP) and at the City level by the New York City Department of City Planning’s (NYCDCP) Local Waterfront Revitalization Program (LWRP). The 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. The 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. The CZMA requires that federally funded actions within the coastal zone must be, to the maximum extent feasible, consistent with approved State management programs. New York State’s Waterfront Revitalization and Coastal Resources Act of 1981 led to the creation of CMP, a program that established 44 State policies and designated five (5) coastal zones, including one (1) in New York City. The program also requires that all State agencies undertaking actions within the coastal zone must make a determination of consistency with State coastal area policies, and file such determinations with the NYSDOS, the agency administering the CMP. Pursuant to State regulations, New York City adopted a LWRP in 1982 to address coastal zone issues specific to New York City. The LWRP, containing the 44 State policies and 12 City-specific policies, were incorporated into the City’s WRP, and by extension into the State CMP. The LWRP was updated in September 2002 and renamed the New Waterfront Revitalization Program (WRP). The new WRP condensed the 1982 WRP’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 coastal zone management of resources. The coastal zone boundary extends waterward to the Westchester and Nassau County and New Jersey boundaries, and to the three (3)-mile territorial limit in the Atlantic. The boundary extends landward to encompass the following significant coastal features:

• Significant Maritime and Industrial Areas • Significant Coastal Fish and Wildlife Habitats • Special Natural Waterfront Areas • Staten Island Bluebelts • Tidal and Freshwater Wetlands • Coastal Floodplains and Flood Hazard Areas • Erosion Hazard Areas • Coastal Barrier Resources Act Areas • Steep Slopes • Parks and Beaches • Visual Access and Views of Coastal Waters and the Harbor • Historic, Archaeological and Cultural Sites Closely Associated with the Coast • Special Zoning Districts



In developed areas devoid of these features, the coastal zone boundary is generally defined as the nearest legally mapped street at least 300 feet landward of the Mean High Tide Line. Within the project vicinity of Lower Manhattan, the coastal zone extends further landward or east from the Hudson River to include the 16-acre World Trade Center (WTC) site and west as far as Church Street. A small area of the Proposed Action is located within the coastal zone. Permanent, post-construction activities are limited to the western end of the pedestrian passageway beneath Dey Street between Broadway and Church Street connecting the RW and 45 service; and improved access to the subway mezzanine and platforms, including wider and more direct stairways, access for disabled customers and new street entrances. As a New York State agency, the determination of consistency lies with the Metropolitan Transportation Authority New York City Transit (MTA NYCT). For Federal and State actions within the City’s coastal zone, such as those believed to occur in relation to the Proposed Action, the NYCDCP would forward comments to NYCT for consideration in making the consistency determination. While the 10 policies contained in the City’s WRP incorporate the State policies in the State CMP, a consistency review of each of the 44 State program policies as well as the 10 City policies is provided below to supply a comprehensive review. A copy of the required Coastal Assessment Form (included at the end of this appendix) will be submitted to NYSDOS so that the agency can review the consistency certification and proposal for consistency with the CMP. M.2 STATE POLICIES New York State Policy 1: Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational and other compatible uses. The Proposed Action is not located in a deteriorated or underutilized waterfront area; therefore, this policy is not applicable. New York State Policy 2: Facilitate the siting of water-dependent uses and facilities on or adjacent to coastal waters. While located within the coastal zone, the Proposed Action is not directly adjacent to coastal waters; therefore, this policy is not applicable. New York State Policy 3: Further develop the State’s major ports of Albany, Buffalo, New York, Ogdensburg and Oswego, and encourage the siting, in these port areas, including those under the jurisdiction of State public authorities, of land use and development which is essential to, or in support of, the waterborne transportation of cargo and people. The Proposed Action would not impede the further development of, nor have any detrimental effect on, the operation of the Port of New York. Therefore, the proposed project would be consistent with this policy. New York State Policy 4: Strengthen the economic base of smaller harbor areas by encouraging the development and enhancement of those activities which have provided such areas with their unique maritime identity. The Proposed Action is not located within a small harbor area; therefore, this policy is not applicable.



New York State Policy 5: Encourage the location of development in areas where public services and facilities essential to such development are adequate. The Proposed Action would improve mass transit service that is essential to maintaining a vibrant downtown. Therefore, the Proposed Action would be consistent with this policy. New York State Policy 6: Expedite permit procedures in order to facilitate the siting of development activities at suitable locations. This policy is not directly applicable to the Proposed Action. However, NYCT is working closely with a number of Federal, State, bi-state and City agencies to expedite the approvals required to facilitate the Proposed Action within the coastal zone. Therefore, the Proposed Action would be consistent with this policy. New York State Policy 7: Significant coastal fish and wildlife habitats will be protected, preserved, and where practicable, restored so as to maintain their viability as habitats. The Proposed Action is located inland and would have no effect upon coastal fish and wildlife habitats. New York State Policy 8: Protect fish and wildlife resources in the coastal area from the introduction of hazardous wastes and other pollutants which bio-accumulate in the food chain or which cause significant sublethal or lethal effects on those resources. The Proposed Action would not result in the discharge of hazardous wastes and other pollutants into the coastal area; therefore, the Proposed Action is consistent with this policy. New York State Policy 9: Expand recreational use of fish and wildlife resources in coastal areas by increasing access to existing resources, supplementing existing stocks, and developing new resources. The Proposed Action is not located adjacent to or within the immediate vicinity of existing fish and wildlife resources. Therefore, this policy is not applicable. New York State Policy 10: Further develop commercial finfish, shellfish, and crustacean resources in the coastal area by encouraging the construction of new, or improvement of existing, on-shore commercial fishing facilities, increasing marketing of the State’s seafood products, maintaining adequate stocks, and expanding aquaculture facilities. The Proposed Action does not involve the development of commercial finfish, shellfish and crustacean resources in the coastal area; therefore, this policy is not applicable. New York State Policy 11: Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering of human lives caused by flooding and erosion. The Proposed Action is located inland and would be sited and constructed so as to not cause flooding or erosion. Therefore, the Proposed Action would be consistent with this policy. New York State Policy 12: Activities or development in the coastal area will be undertaken, so as to minimize damage to natural resources and property from flooding and erosion, by protecting natural defensive features, including beaches, dunes, barrier islands, and bluffs. There are no beaches, dunes, barrier islands or bluffs at the Proposed Action site; therefore, this policy is not applicable. New York State Policy 13: The construction or reconstruction of erosion protection structures shall be undertaken only if they have a reasonable probability of controlling erosion for at least 30 years as



demonstrated in design and construction standards and/or assured maintenance or replacement programs. No erosion control structures are proposed with the Proposed Action; therefore, this policy is not applicable. New York State Policy 14: Activities and development, including the construction or reconstruction of erosion protection structures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations. The Proposed Action will not result in an increase in erosion or flooding at the project site. Therefore, the Proposed Action is consistent with this policy. New York State Policy 15: Mining, excavation, or dredging in coastal waters shall not significantly interfere with the natural coastal processes which supply beach materials to land adjacent to such waters, and shall be undertaken in a manner which will not cause an increase in erosion of such land. Neither construction-related activities nor post-construction activities would interfere with natural coastal processes in any manner. This policy is not applicable to the Proposed Action. New York State Policy 16: Public funds shall only be used for erosion protective structures where necessary to protect human life, and new development which requires a location within or adjacent to an erosion hazard area to be able to function, or existing development; and only where public benefits outweigh the long term monetary and other costs including the potential for increasing erosion and adverse effects on natural protective features. No permanent erosion protective structures are proposed as part of the Proposed Action; therefore, this policy is not applicable. New York State Policy 17: Non-structural measures to minimize damage to natural resources and property from flooding and erosion shall be used whenever possible. Erosion control measures would be employed during construction, as necessary; therefore, the Proposed Action would be consistent with this policy. New York State Policy 18: To safeguard the vital economic, social, and environmental interests of the State and of its citizens, proposed major actions in the coastal area must give full consideration to those interests and to the safeguards which the State has established to protect valuable coastal resource areas. With respect to the Proposed Action, the economic, social and environmental interests of the State of New York and its citizens are given full consideration through the preparation of an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA) and other studies, including this analysis of the Proposed Action’s consistency with applicable coastal zone policies. Therefore, the Proposed Action would be consistent with this policy. New York State Policy 19: Protect, maintain, and increase the level and types of access to water-related recreation resources and facilities. While primarily located inland, the Proposed Action would improve transit access to Lower Manhattan and facilitate accessibility to both the Hudson River waterfront and the East River waterfront. Therefore, the Proposed Action would be consistent with this policy.



New York State Policy 20: Access to the publicly-owned foreshore, and to lands immediately adjacent to the foreshore or the water’s edge that are publicly-owned, shall be provided, and it shall be provided in a manner compatible with adjoining uses. As noted above, the Proposed Action would improve transit access to Lower Manhattan and facilitate the accessibility to the publicly-owned foreshore, adjacent lands and water’s edge. Therefore, the Proposed Action would be consistent with this policy. New York State Policy 21: Water-dependent and water-enhanced recreation will be encouraged and facilitated, and will be given priority over non-water-related uses along the coast. The project will not affect the long term encouragement or facilitation of long term water-dependent and water-enhanced recreational uses; therefore, the Proposed Action would be consistent with this policy. New York State Policy 22: Development, when located adjacent to the shore, will provide for water-related recreation, whenever such use is compatible with reasonably anticipated demand for such activities, and is compatible with the primary purpose of the development. The Proposed Action would not specifically include any water-related recreational component, although it would indirectly improve long-term access to the Hudson River and East River waterfronts and the water-related recreational activities located there. Therefore, the Proposed Action would be consistent with this policy. New York State Policy 23: Protect, enhance, and restore structures, districts, areas or sites that are of significance in the history, architecture, archaeology, or culture of the State, its communities, or the nation. The western portion of the Proposed Action’s location that is within the coastal zone is adjacent to the 16-acre WTC site, an area that has become historically and culturally significant. The Proposed Action will enhance opportunities for visitors to visit the WTC site and proposed memorial commemorating the events of September 11 by facilitating better access to the WTC site. No significant historic or archaeological element within the designated coastal zone will be adversely impacted. As a result, the Proposed Action is consistent with this policy. New York State Policy 24: Prevent impairment of scenic resources of statewide significance. According to the NYS Department of State, the Proposed Action is not located in a designated scenic area of statewide significance; therefore, this policy is not applicable. New York State Policy 25: Protect, restore, and enhance natural and manmade resources which are not identified as being of statewide significance, but which contribute to the overall scenic quality of the coastal area. The portion of the Proposed Action within the designated coastal zone would be located predominantly underground and would have minimal impact on the scenic quality of the coastal area. Every effort would be made in project design to respect the project’s proximity to the waterfront in order to preserve existing limited views of the coastal shoreline and within the coastal area. Therefore, the Proposed Action would be consistent with this policy. New York State Policy 26: Conserve and protect agricultural lands in the State’s coastal area. There is no agricultural land at the Proposed Action site; therefore, this policy is not applicable.



New York State Policy 27: Decisions on the siting and construction of major energy facilities in the coastal area will be based on public energy needs, compatibility of such facilities with the environment, and the facility's need for a shorefront location. The Proposed Action does not involve development of a major energy facility; therefore, this policy is not applicable. New York State Policy 28: Ice management practices shall not interfere with the production of hydroelectric power, damage significant fish and wildlife and their habitats, or increase shoreline erosion or flooding. The project sponsor would not be directly involved with any ice management practices, especially those which would interfere with the production of hydroelectric power, damage significant fish and wildlife and their habitats, or increase shoreline erosion or flooding. As a result, the Proposed Action is consistent with this policy. New York State Policy 29: Encourage the development of energy resources on the Outer Continental Shelf (OCS), in Lake Erie, and in other water bodies, and ensure the environmental safety of such activities. The Proposed Action does not involve the development of energy resources on the Outer Continental Shelf; therefore, this policy is not applicable. New York State Policy 30: Municipal, industrial, and commercial discharge of pollutants, including, but not limited to, toxic and hazardous substances, into coastal waters will conform to State and National water quality standards. The discharge of groundwater would be required during construction of the Proposed Action. Groundwater would be tested prior to disposal and pre-treatment measures would be taken pursuant to New York City and State permit requirements. All necessary health and safety measures would be taken to ensure the Proposed Action remains in compliance with this policy. Therefore, the Proposed Action is consistent with this policy. New York State Policy 31: State coastal area policies and management objectives of approved local waterfront revitalization programs will be considered while reviewing coastal water classifications and while modifying water quality standards; however, those waters already over-burdened with contaminants will be recognized as being a development constraint. The Proposed Action does not involve the review of coastal water classifications or modifications to existing water quality standards; therefore, this policy is not applicable. New York State Policy 32: Encourage the use of alternative or innovative sanitary waste systems in small communities where the costs of conventional facilities are unreasonably high, given the size of the existing tax base of these communities. The Proposed Action is not located in a small community; therefore, this policy is not applicable. New York State Policy 33: Best management practices will be used to ensure the control of storm water runoff and combined sewer overflows draining into coastal waters. Construction activities could result in temporary increased stormwater runoff from dewatering operations. Best Management Practices and mitigation measures would be used, as appropriate, to prevent adverse environmental impacts associated with such run-off. Therefore, the Proposed Action would be consistent with this policy.



New York State Policy 34: Discharge of waste material into coastal waters from vessels subject to State jurisdiction will be limited so as to protect significant fish and wildlife habitats, recreational areas, and water supply areas. No discharge of waste from coastal vessels subject to State jurisdiction would occur as a result of the Proposed Action; therefore, the Proposed Action is consistent with this policy. New York State Policy 35: Dredging and dredge spoil disposal in coastal waters will be undertaken in a manner that meets existing State dredging permit requirements and protects significant fish and wildlife habitats, scenic resources, natural protective features, important agricultural lands, and wetlands. The Proposed Action does not involve ongoing dredging and disposal activities; therefore, this policy is not applicable. New York State Policy 36: Activities related to the shipment and storage of petroleum and other hazardous materials will be conducted in a manner that will prevent or at least minimize spills into coastal waters; all practicable efforts will be undertaken to expedite the cleanup of such discharges; and restitution for damages will be required when these spills occur. The Proposed Action would not involve the shipment and/or storage of petroleum or hazardous materials; therefore, this policy is not applicable. New York State Policy 37: Best management practices will be utilized to minimize the non-point discharge of excess nutrients, organics, and eroded soils into coastal waters. Best Management Practices, such as surface drainage control techniques, would be employed during construction of the Proposed Action, in order to control the non-point discharge of excess nutrients, organics and/or eroded soils into coastal waters. Therefore, the Proposed Action would be consistent with this policy. New York State Policy 38: The quality and quantity of surface water and groundwater supplies will be conserved and protected, particularly where such waters constitute the primary or sole source of water supply. No sources of drinking water exist on-site; therefore, this policy is not applicable. Nevertheless, avoidance and impact minimization techniques, such as Best Management Practices, will be undertaken to protect surface water quality of the Hudson and/or East Rivers. New York State Policy 39: The transport, storage, treatment, and disposal of solid wastes, particularly hazardous wastes, within coastal areas will be conducted in such a manner so as to protect groundwater and surface water supplies, significant fish and wildlife habitats, recreation areas, important agricultural lands, and scenic resources. Soils and groundwater would be tested for the presence of hazardous materials prior to construction, and all appropriate measures would be taken to ensure the safety of workers and park visitors via the creation and implementation of a Health & Safety Plan. Any solid or hazardous waste generated by the Proposed Action during construction and operation would be collected by a private carting company and disposed of in accordance with all applicable regulations. It is assumed that any storage of solid or hazardous waste on-site would be minimal, temporary and limited to cleaning or maintenance supplies, and that no potential contamination of groundwater or surface water would occur. Therefore, the Proposed Action is consistent with this policy.



New York State Policy 40: Effluent discharged from major steam electric generating and industrial facilities into coastal waters will not be unduly injurious to fish and wildlife and shall conform to State water quality standards. The Proposed Action would not include any steam electric generating and/or industrial facilities; therefore, this policy is not applicable. New York State Policy 41: Land use or development in the coastal area will not cause national or State air quality standards to be violated. Air quality emissions from construction activities are anticipated to meet air quality standards, as are those from operational activities. The cumulative air quality impacts of this project during the construction period in relation to other simultaneous construction projects have been considered for this analysis. Please refer to Chapter 12 for further discussion on construction and operational impacts, including cumulative impacts, related to air quality. The Proposed Action would not cause any violations of applicable air quality standards. Rather, the project may promote greater use of public transportation in the area. Therefore, the Proposed Action is expected to be consistent with this policy. New York State Policy 42: Coastal management policies will be considered if the State reclassifies land areas pursuant to the prevention of significant deterioration regulations of the Federal Clean Air Act. No such reclassifications are anticipated as a result of the Proposed Action; therefore, this policy is not applicable. New York State Policy 43: Land use or development in the coastal area must not cause the generation of significant amounts of the acid rain precursors: nitrates and sulfates. The Proposed Action would not generate acid rain precursors such as nitrates or sulfates; therefore, this policy is not applicable. New York State Policy 44: Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas. No tidal or freshwater wetlands are located on the Proposed Action site; therefore, this policy is not applicable. M.3 CITY POLICIES New York City Policy 1: Support and facilitate commercial and residential development in areas well-suited to such development. Policy 1.1: Encourage commercial and residential redevelopment in appropriate coastal zone areas. While the existing zoning permits commercial and residential uses as a redevelopment option on the site, the site is not located along or within close proximity to the waterfront. The policy’s intent of redeveloping coastal areas with declined or a traditional industrial use with commercial or residential uses is not applicable to the site. The portion of the project that is located within the coastal zone includes rights-of-way under Dey and Church Streets, two (2) locations that are inappropriate for commercial or residential redevelopment due to limited size and location underground. Therefore, the Proposed Action would be consistent with this policy. Policy 1.2: Encourage non-industrial development that enlivens the waterfront and attracts the public.



The project is not located along the waterfront, and only a minor part of the project is located within the coastal zone. As a result, this policy is not applicable to the project. However, the Proposed Action is anticipated to indirectly facilitate ease of access to waterfront areas. Policy 1.3: Encourage redevelopment in the coastal area where public facilities and infrastructure are adequate or will be developed. The Proposed Action is an infrastructure project that will support the functional restoration of Lower Manhattan, which lies partly within the coastal zone. The Proposed Action will assist in meeting the area’s transportation and access needs. Therefore, the Proposed Action is consistent with this policy. New York City Policy 2: Support water-dependent and industrial uses in New York City coastal areas that are well-suited to their continued operation. Policy 2.1: Promote water-dependent and industrial uses in Significant Maritime and Industrial Areas. The Proposed Action is not located in a Significant Maritime and Industrial Area. As a result, this policy is not applicable. Policy 2.2: Encourage working waterfront uses at appropriate sites outside the Significant Maritime and Industrial Areas. The Proposed Action is not located directly along the waterfront. As a result, this policy is not applicable. Policy 2.3: Provide infrastructure improvements necessary to support working waterfront uses. As described above, the Proposed Action would not be located along the waterfront. As a result, this policy is not applicable. New York City Policy 3: Promote use of New York City’s waterways for commercial and recreational boating and water-dependent transportation centers. Policy 3.1: Support and encourage recreational and commercial boating in New York City’s maritime centers. The project is unlikely to have an impact upon recreational and commercial boating due to its distance from the waterfront and maritime areas of New York City. The project is compatible with access to ferries located at the World Financial Center (WFC) and maritime-related uses further to the east at the Pier 17/South Street Seaport complex. Therefore, the Proposed Action is consistent with this policy. Policy 3.2: Minimize conflicts between recreational, commercial and ocean-going freight vessels. The Proposed Action would not affect recreational, commercial and ocean-going freight vessels. Therefore, this policy is not applicable. Policy 3.3: Minimize impact of commercial and recreational boating activities on the aquatic environment and surrounding land and water uses. As stated above, the project does not directly involve commercial or recreational boating activities. As a result, this policy is not applicable to the project. New York City Policy 4: Protect and restore the quality and function of ecological systems within the New York City coastal area.



Policy 4.1: Protect and restore the ecological quality and component habitats and resources within the Special Natural Waterfront Areas, Recognized Ecological Complexes and Significant Coastal Fish and Wildlife Habitats. The project is not located within or in proximity to a Special Natural Waterfront Area, Significant Coastal Fish and Wildlife Habitat or Recognized Ecological Complex. As a result, this policy is not applicable to the project. Policy 4.2: Protect and restore tidal and freshwater wetlands. This policy is not applicable because there are no tidal or freshwater wetlands on the project site. Policy 4.3: Protect vulnerable plant, fish, and wildlife species, and rare ecological communities. Design and develop land and water uses to maximize their integration or compatibility with the identified ecological community. There are no known vulnerable plants, fish or wildlife species, or rare ecological communities, at the project location. As a result, this policy is not applicable. Policy 4.4: Maintain and protect living aquatic resources. There are no aquatic living resources that would be affected by the Proposed Action, and therefore this policy is not applicable. New York City Policy 5: Protect and improve water quality in the New York City coastal area. Policy 5.1: Manage direct or indirect discharges to waterbodies. The operational phase of the project would not result in significant increases of discharge from the site. For this reason, the Proposed Action would be consistent with this policy. All construction-related activities, including dewatering and stormwater runoff increases, would be carefully monitored to avoid and minimize unnecessary discharges. All discharges would be pre-treated on-site or through the City’s combined stormwater and sewer lines and processed at the Newtown Creek Water Pollution Control Plant (WPCP). All discharges would be in accordance with permits and approvals provided prior to construction. Policy 5.2: Protect the quality of New York City’s waters by managing activities that generate non-point source pollution. The construction and operation of the project would not result in soil erosion or result in transfer of additional nutrients or pollutants to the Hudson River. Rather, the proposed facility may encourage greater use of public transit and reduce reliance upon automobiles, thereby minimizing non-point source pollution. As a result, the Proposed Action would be consistent with this policy. Policy 5.3: Protect water quality when excavating or placing fill in navigable waters and in or near marshes, estuaries, tidal marshes or wetlands. All excavation spoils or fill would be removed from the site in accordance to applicable laws and regulations. All excavation spoils would be disposed of in legal and appropriate locations and in accordance with all permit and approval conditions. As a result, the Proposed Action would be consistent with this policy.



Policy 5.4: Protect the quality and quantity of groundwater, streams, and the sources of water for wetlands. There are no streams or wetlands located on or in proximity to the Proposed Action. Groundwater is not used for drinking water or other purposes in the project vicinity or Manhattan as a whole. As a result, this policy is not applicable to the project. Any dewatering during construction activities would be in compliance with the New York City Department of Environmental Protection’s (NYCDEP) regulations and permit conditions. New York City Policy 6: Minimize the loss of life, structures, and natural resources caused by flooding and erosion. Policy 6.1: Minimize losses from flooding and erosion by employing non-structural and structural management measures appropriate to the condition and use of the property to be protected, and the surrounding area. The Proposed Action would not increase the amount of impervious surface or increase flood hazards on site or in the immediate vicinity of the project. Policy 6.2: Direct public funding for flood prevention or erosion control measures to those locations where the investment will yield significant public benefit. The Proposed Action does not include erosion control measures except those related to temporary construction purposes. As a result, the Proposed Action is consistent with this policy. Policy 6.3: Protect and preserve non-renewable sources of sand for beach nourishment. The project is not located near sand or beach areas. As a result, this policy is not applicable to the Proposed Action. New York City Policy 7: Minimize environmental degradation from solid waste and hazardous substances. Policy 7.1: Manage solid waste material, hazardous wastes, toxic pollutants, and substances hazardous to the environment to protect public health, control pollution and prevent degradation of coastal ecosystems. No hazardous wastes or toxic pollutants are anticipated to be generated by the Proposed Action. Minimal amounts of solid waste would be disposed of by private hauler to appropriate licensed landfills to be determined. Policy 7.2: Prevent and remediate discharge of petroleum products. No petroleum products are anticipated to be disturbed or discharged by the Proposed Action. If pending investigations and construction activities reveal the presence of petroleum products on-site, such products will be disposed of in accordance with all laws and regulations. In the unlikely event that petroleum is disturbed or discharged, it would be remediated in conformance with all applicable laws, rules and regulations. Policy 7.3: Transport solid waste and hazardous substances and site solid and hazardous waste facilities in a manner that minimizes potential degradation of coastal resources. All solid waste generated by the Proposed Action would be disposed of in appropriate facilities off-site. As a result, the Proposed Action would be consistent with this policy.



New York City Policy 8: Provide public access to and along New York City’s coastal waters. Policy 8.1: Preserve, protect, and maintain existing physical, visual, and recreational access to the waterfront. The Proposed Action is not located along the Hudson River or the East River waterfront. As a result, physical access would not be diminished by the project. The project location currently has no views from or to the Hudson River, East River or other waterfront areas. Therefore, the Proposed Action would be consistent with this policy. Policy 8.2: Incorporate public access into new public and private development where compatible with proposed land use and coastal location. As previously described, the project site is not located near the Hudson River or the East River. The project may facilitate access to the waterfront by providing underground corridors and connections toward the Hudson River waterfront. Therefore, the Proposed Action would be consistent with this policy. Policy 8.3: Provide visual access to coastal lands, waters, and open space where physically practical. The Proposed Action currently does not have visual access to the Hudson River or the East River, nor is the project location visible from either the Hudson River or East River waterfronts. As a result, this policy is not applicable. Policy 8.4: Preserve and develop waterfront open space and recreation on publicly owned land at suitable locations. The project location is not within close proximity to the waterfront. As a result, the project site is not suitable for waterfront open space or recreation, and this policy is not applicable. Policy 8.5: Preserve the public interest in and use of lands and waters held in public trust by the State and City. The Proposed Action is not located near land and waters held in the public trust. As a result, this policy is not applicable to the project. New York City Policy 9: Protect scenic resources that contribute to the visual quality of the New York City coastal area. Policy 9.1: Protect and improve visual quality associated with New York City’s urban context and the historic and working waterfront. The project location currently has no views from or to the Hudson River, the East River or their waterfronts. As a result, this policy is not applicable to the project. Policy 9.2: Protect scenic values associated with natural resources. There are no natural resources in the vicinity of the project site, nor is it located in a Special Natural Area District, Special Natural Waterfront Area or Recognized Ecological Complex. As a result, this policy is not applicable. New York City Policy 10: Protect, preserve, and enhance resources significant to the historical, archaeological, and cultural legacy of the New York City coastal area. Policy 10.1: Retain and preserve designated historic resources and enhance resources significant to the coastal culture of New York City.



There are no designated historic resources on the portion of the project site that is located within the coastal zone. Should further investigations result in the discovery of historic landmarks within the coastal zone and in proximity to the Proposed Action, appropriate construction protection measures, such as underpinning, would be implemented. Policy 10.2: Protect and preserve archaeological resources and artifacts. A Phase IA Archaeological Assessment (The Louis Berger Group, Inc., July 2003), and vibration protection and monitoring was undertaken for the Proposed Action. Results of the investigation concluded that the site is disturbed and that no archaeological resources remain undisturbed on the site. Further investigations are being undertaken with respect to potential cultural resources in the coastal area. For further discussion, please see Chapter 11: Archaeological Resources.

Documents

APPENDIX M: COASTAL ZONE MANAGEMENTweb.mta.info/capital/fc_docs/deis/appendices/appendixm.pdf · May 2004 Appendix M – Coastal Zone Management M-3 New York State Policy 5: Encourage