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Appendix L Eight-Step Planning Process for Floodplains and Wetlands

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Page 1: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

Appendix LEight-Step Planning Process

for Floodplains and Wetlands

Page 2: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

1

Appendix L: Eight-Step Decision Making Process

Eight-Step Decision Making Process

Executive Order 11988: Floodplain Management

Executive Order 11990: Wetlands Protection

East Side Coastal Resiliency (ESCR) project – New York City, NY

New York City Office of Management and Budget (OMB)

This decision making process addresses the requirements of E.O. 11988 and 11990, as provided

by 24 CFR Part 55.20 and contains eight steps, including public notices and an examination of

practicable alternatives. This document pertains to proposed project activities in the 100-year

floodplain (AE Zone) and mapped wetlands, as identified on the Federal Emergency Management

Agency (FEMA) preliminary (2015) Flood Insurance Rate Maps (FIRMs) and New York State

Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID

586_506 and 586_508), respectively.

Step 1. Determine whether the proposed action is located in a 100-year floodplain (or

a 500-year floodplain for a Critical Action) or results in new construction in a

wetland. If the proposed action would not be conducted in one of those locations, then

no further compliance with this part is required.

According to the FEMA Digital Flood Insurance Rate Map (DFIRM) ID 360497, the proposed

project is located within the 100-year floodplain, designated as Zone AE, as well as the 500-year

floodplain, designated as Zone X. The Base Flood Elevation (BFE) is 10 feet (NGVD 1929).

Figure 1.0-5 of the DEIS illustrates the proposed project area in relation to the 100- and 500-year

floodplains.

The NYSDEC 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508) indicates that certain

project elements – relocation of existing embayments, installation of support structures for a new

shared used flyover bridge, installation of cofferdams for outfall construction, and temporary

placement of mooring spuds for construction barges – would be located within Littoral Zone, a

NYSDEC tidal wetland. Additionally, the East River is mapped as estuarine subtidal wetlands

with an unconsolidated bottom (E1UBL) on United States Fish and Wildlife Service National

Wetlands Inventory (NWI) maps.

Step 2. Notify the public at the earliest possible time of a proposal to consider new

construction or substantial improvement actions in the 100-year floodplain (or in the

500-year floodplain for a Critical Action), and thus involve the affected and interested

public in the decision making process.

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East Side Coastal Resiliency Project EIS

2

A 15-day “Early Notice and Public Review of a Proposed Activity in a 100-Year Floodplain” was

published in eight City-wide and local newspapers on February 5, 2016, and complied with the

requirements for public comment per 24 CFR 55.20(b)(2). Published in English, Chinese, Spanish,

and Russian languages, this notice served to inform and update interested agencies, groups, and

individuals about the proposed project activities within the floodplain, thus engaging the public in

the decision-making process. This notice included a description of the proposed project, and

invited the public to provide comments by February 22, 2016. The notice was also posted to

OMB’s website for review (http://www1.nyc.gov/sitre/cdbgdr/documents/environmental-

records.page). No comments on this notice were received.

Since the publication of the original notice, the design of the proposed project has advanced, and

the City has identified a project alternative, which has been selected as the City’s Preferred

Alternative. This alternative involves in-water work to a greater extent than previously expected,

and therefore, a greater potential to impact wetlands. An “Early Notice and Public Review of a

Proposed Activity in a 100-Year Floodplain and Wetland” was published on February 22, 2019,

in the aforementioned papers, and an additional paper, the Brooklyn Daily Eagle, in Southern

Brooklyn. Multiple public comments were received on this revised notice, however, these

comments were related to the nature of the proposed project itself, rather than the content of the

notice. All public comments on the potential impacts of the proposed project will be addressed

and incorporated into the Final Environmental Impact Statement (FEIS).

Step 3. Identify and evaluate practicable alternatives to locating the proposed action in

a floodplain (or the 500-year floodplain for a Critical Action).

According to 24 CFR Part 55.20 (c), alternatives considered include:

1) No Action Alternative - No new flood protection.

2) Proposed Action Alternatives – Flood Protection System with a Raised East River

Park (Preferred Alternative/Alternative 4); Flood Protection on the West Side of East

River Park – Baseline (Alternative 2); Flood Protection System on the West Side of

East River Park – Enhanced Park & Access (Alternative 3); Flood Protection System

East of FDR Drive (Alternative 5).

As noted in Chapter 2.0, “Project Alternatives” of the DEIS, four “With Action” alternatives (i.e.,

all alternatives except the No Action alternative) have been advanced. These four With Action

Alternatives were identified as a result of a design and planning process that considered the four

factors noted above (natural environment, social concerns, economic aspects, and legal

constraints), among other considerations as discussed in Chapter 1.0, “Purpose and Need” of the

DEIS.

No Action Alternative – The project purpose and need would not be met with the No Action

alternative. The No Action alternative assumes that no new comprehensive coastal protection

system is installed in the proposed project area. In the absence of this system, the existing

neighborhoods within the protected area would remain at risk to coastal flooding during design

storm events. Independent of the proposed project, there would be limited improvements to open

space resources and access to East River Park and the East River waterfront from other planned

projects or targeted resiliency projects.

Proposed Action Alternatives –

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Appendix L: Eight-Step Decision Making Process

3

The Flood Protection System with a Raised East River Park Alternative (Preferred Alternative)

proposes to move the line of flood protection further into East River Park, thereby protecting both

the community and the park from design storm events, as well as increased tidal inundation

resulting from sea level rise. The Preferred Alternative would raise the majority of East River

Park. This plan would reduce the length of wall between the community and the waterfront to

provide for enhanced neighborhood connectivity and integration. Between the park amphitheater

and East 13th Street, the park would be raised by approximately eight feet to meet the design flood

elevation criteria, with the floodwall installed below-grade. The park’s underground water and

drainage infrastructure, bulkhead and esplanade, and existing park structures and recreational

features, including the amphitheater, track facility and tennis house, would be reconstructed as

part of the raised park. Relocation of two existing embayments along the East River Park

esplanade is also proposed under this plan to allow for siting of active recreation fields within the

park and to facilitate direct connection to the water. This alternative would include drainage

components to reduce the risk of interior flooding and construction of the foundations for the

shared-use flyover bridge to address the narrowed pathway (pinch point) near the Con Edison

facility between East 13th Street and East 15th Street, substantially improving the City’s greenway

network and north-south connectivity in the project area. The Preferred Alternative would also

include reconstruction of 10 outfalls located along the park shoreline that discharge to the East

River, as well as wastewater and water supply piping and associated features such as manholes

and regulators.

The Flood Protection System on the West Side of East River Park – Baseline Alternative

(Alternative 2) would provide flood protection using a combination of floodwalls, levees, and

closure structures (i.e., deployable gates) from Montgomery Street to East 25th Street. As the line

of protection would generally be located on the western side of East River Park in a portion of the

project area, the park would not be protected from the design storm event under this alternative.

The neighborhoods to the west of the line of protection would be protected from the design storm

event under this alternative. This alternative also includes modifications of the existing sewer

system. A shared-used flyover bridge would be built cantilevered over the northbound FDR Drive

to address the Con Edison pinch point.

The Flood Protection System on the West Side of East River Park – Enhanced Park & Access

Alternative (Alternative 3) provides flood protection using a combination of floodwalls, levees,

and closure structures. As with Alternative 2, the line of protection would generally be located on

the western side of East River Park in a portion of the project area, and the neighborhoods to the

west of this line would be protected from the design storm event under this alternative. However,

under this alternative, there would be more extensive use of berms and other earthwork in

association with the flood protection along the FDR Drive to provide for more integrated access,

soften the visual effect of the floodwall on park users, and introduce new types of park experience.

The landscape would generally gradually slope down from high points along the FDR Drive

towards the existing at-grade esplanade at the water’s edge. Due to the extent of the construction

of the flood protection system, this alternative would include a more extensive reconfiguration

and reconstruction of the bulk of East River Park and its programming, including landscapes,

recreational fields, playgrounds, and amenities. Even with these East River Park enhancements,

the park itself would not be protected from the design storm event under this alternative. As

proposed in Alternative 2, this alternative would include drainage components to reduce the risk

of interior flooding and the shared-use flyover bridge to address the Con Edison pinch point.

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East Side Coastal Resiliency Project EIS

4

The Flood Protection System East of FDR Drive (Alternative 5) proposes a flood protection

alignment similar to the Preferred Alterative, except for the approach between East 13th Street

and Avenue C. This alternative would raise the northbound lanes of the FDR Drive in this area by

approximately six feet to meet the design flood elevation, then connect to closure structures at the

south end of Stuyvesant Cove Park. This alternative would include drainage components to reduce

the risk of interior flooding and the construction of the shared-use flyover bridge to address the

Con Edison pinch point.

Step 4. Identify the potential direct and indirect impacts associated with the occupancy

or modification of the floodplain (or 500-year floodplain for a Critical Action).

The Preferred Alternative includes the reconstruction of East River Park as well as the existing

water and sewer infrastructure within the park. The Preferred Alternative would raise the majority

of East River Park by approximately eight feet and would install a floodwall below-grade to meet

the design flood elevation criteria. Therefore, there would be an elevation change in the proposed

project area as a result of implementation of the Preferred Alternative.

The floodplain in the proposed project area is located in an urban area that is heavily developed;

installation of the proposed project is necessary for the protection of the adjacent communities and

the East River Park from design storm events. During construction, there would be temporary

disturbance of the SFHA due to excavation, grading, and storage of construction materials and

equipment. Once implemented, the flood protection system is designed to withstand storm surge

velocities and wave action for the 100-year-storm event assuming sea level rise to the 2050s. The

Preferred Alternative would therefore minimize the potential effects that could be expected to

occur within the floodplain. No permanent commercial or residential structures would be

introduced to the project area as part of the Preferred Alternative.

The Preferred Alternative would result in approximately 24,085 square feet of permanent effects

to NYSDEC-regulated tidal wetlands associated with construction of support shafts and

foundations for a shared-use flyover bridge, as well as filling of two existing embayments to

accommodate park programming. The embayments would be relocated elsewhere along the

shoreline of East River Park and additional wetland restoration to mitigate for permanent effects

would be implemented offsite or wetland mitigation credits purchased from a wetland mitigation

bank operated by New York City’s Economic Development Corporation (EDC), in consultation

with New York State Department of Environmental Conservation (NYSDEC) and the U.S. Army

Corps of Engineers (USACE). Overall, the study area is already highly developed, and the project

area is already largely designated parkland and City right-of-way and would remain as such

following implementation, and the project would not encourage new development within the

floodplain or wetlands.

Step 5. Where practicable, design or modify the proposed action to minimize the

potential adverse impacts within the floodplain (including the 500-year floodplain for

a Critical Action) and to restore and preserve its natural and beneficial values. All

critical actions in the 500-year floodplain shall be designed and built at or above the

100-year floodplain (in the case of new construction) and modified to include (1)

Preparation of and participation in an early warning system; (2) An emergency

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Appendix L: Eight-Step Decision Making Process

5

evacuation and relocation plan; (3) Identification of evacuation route(s) out of the

500-year floodplain; and (4) Identification marks of past or estimated flood levels on

all structures.

To function as a flood protection system, the proposed project must be sited and constructed within

the floodplain. Disturbance to the floodplain during construction would be temporary. Once

implemented, the flood protection system is designed to withstand storm surge velocities and wave

action for the 100-year-storm event assuming sea level rise to the 2050s. The Preferred Alternative

would therefore minimize the potential effects that could be expected to occur within the

floodplain. No permanent commercial or residential structures would be introduced to the project

area as part of the Preferred Alternative.

In addition, to meet the stated goals for protecting, improving, and enhancing access to recreational

resources, implementation of the Preferred Alternative will necessarily result in some temporary

and permanent effects to tidal wetlands. The Preferred Alternative design will seek to reduce

effects to wetlands to the maximum extent practicable while still meeting the goals of the proposed

project. The Preferred Alternative would result in approximately 24,085 square feet of permanent

effects to NYSDEC-regulated tidal wetlands. The majority of these effects are the result of filling

existing embayments in order to accommodate critical active space amenities within East River

Park. New embayments of comparable size will be installed along East River Park shoreline.

Further, permanent tidal wetland effects would be mitigated at a minimum 2:1 ratio as per

NYSDEC standards. Some of this mitigation would be in the form of replacement in kind of

existing embayments within the project area and the rest would be accomplished through the

purchase of tidal wetland mitigation bank credits1 or with off-site tidal wetland restoration or

creation at a location within the same watershed as determined by NYSDEC, OMB, and other

involved New York City agencies. Therefore, the natural and beneficial values of wetlands

affected by the Preferred Alternative would be restored through mitigation.

Step 6. Reevaluate the proposed action to determine (1) Whether it is still practicable

in light of its exposure to flood hazards in the floodplain, the extent to which it will

aggravate the current hazards to other floodplains, and its potential to disrupt

floodplain values; and (2) Whether alternatives preliminarily rejected at Step 3

(paragraph (c)) of this section are practicable in light of the information gained in

Steps 4 and 5 (paragraphs (d) and (e)) of this section.

It has been determined that the Preferred Alternative would provide flood protection for vulnerable

populations and critical city infrastructure and amenities located within the floodplain, including

East River Park and existing neighborhoods adjacent to the park, which are all currently at risk to

coastal flooding during design storm events. While the Preferred Alternative would change the

elevation of the floodplain in the vicinity of the proposed project, it would not change the

occupancy of the floodplain and would not have effects on flood velocities upstream or

downstream.

1 The New York City Economic Development Corporation (EDC) operates the Saw Mill Creek Wetland in Staten Island,

NY, where credits may be purchased to mitigate permanent impacts to tidal wetlands. As the proposed project is within

the Primary Service Area for the mitigation bank, this option is being explored to fulfill the tidal wetland mitigation

requirements.

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East Side Coastal Resiliency Project EIS

6

The Preferred Alternative would result in a permanent loss of approximately 24,085 square feet

of littoral zone tidal wetland habitat. The majority of these effects are the result of filling existing

embayments in order to accommodate critical active space amenities within East River Park.

These embayments will be replaced in kind, or larger, within the project area. In addition, these

elements would not affect the tidal exchange or tidal patterns in the study area. All adverse effects

to NYSDEC and USACE regulated tidal wetlands would be mitigated for in accordance with all

NYSDE and USACE permit conditions. Therefore, while there would be adverse effects to

regulated tidal wetlands resulting from construction of the proposed project, the Preferred

Alternative would not significantly adversely affect tidal wetland resources in the area.

Furthermore, the project area is already highly developed, and the implementation of the Preferred

Alternative would not encourage new development within the floodplain or wetlands in the

proposed project area.

Step 7. If the reevaluation results in a determination that there is no practicable

alternative to locating the proposal in the floodplain (or the 500-year floodplain for a

Critical Action), publish a final notice.

It is our determination that there is no practicable alternative to locating the proposed project in

the floodplain and within or adjacent to wetlands. A final Notice and Public Explanation of a

Proposed Activity in a 100-Year Floodplain and Wetlands will be published in accordance with

24 CFR Part 55 for a minimum 7-day comment period. The notice shall be published in the nine

newspapers mentioned in Step 2, in English, Chinese, Spanish, and Russian languages. This notice

will also be published in three additional papers which are local to the project area. The notice

shall state the reasons why the project must be located in a 100-year floodplain and mapped

wetlands, provide a list of alternatives considered, and all mitigation measures to be taken to

minimize adverse impacts and preserve natural and beneficial floodplain and wetland values. All

comments received during the comment period will be responded to and fully addressed prior to

funds being committed to the proposed project, in compliance with Executive Order 11988,

Executive Order 11990, and 24 CFR Part 55.

Step 8. Upon completion of the decision making process in Steps 1 through 7,

implement the proposed action. There is a continuing responsibility to ensure that the

mitigating measures identified in Step 7 are implemented.

The New York City Department of Design and Construction (DDC), which is the primary City

agency that will oversee implementation and construction of the proposed project, will review the

final design plans and will to ensure compliance with all applicable federal laws, executive orders,

and regulations, as well as state and local laws, regulations, codes and standards prior to and

throughout project construction. DDC and its consultants will obtain all required federal, state,

and local building and site development permits, such as a State Pollutant Discharge Elimination

System (SPDES) permit and a Joint Permit Application for impacts to jurisdictional waters (i.e.,

tidal wetlands) to preserve the environment, and to minimize risk and harm to life and property.

As noted above, effects to tidal wetlands will be mitigated for in compliance with all USACE and

NYSDEC requirements.

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New York City Office of Management and Budget (OMB)

New York City Department of Parks and Recreation

Community Development Block Grant – Disaster Recovery (CDBG-DR)

East Side Coastal Resiliency (ESCR) Project

Early Notice and Public Review of a Proposed Activity in a 100-Year Floodplain and Wetland

To: All interested Agencies, Groups, and Individuals

This is to give notice that the City of New York (the City) is proposing to undertake activities within both

the 100-year floodplain and a wetland, relating to the U.S. Department of Housing and Urban

Development’s (HUD) Community Development Block Grant-Disaster Recovery (CDBG-DR) program.

President Obama signed the “Disaster Relief Appropriations Act, 2013” (Public Law 113-2) into law on

January 29, 2013. Among other appropriations, the Act included $16 billion in CDBG-DR funds for

“necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and

housing, and economic revitalization in the most impacted and distressed areas resulting from Hurricane

Sandy.” Pursuant to 24 CFR Part 58, the City, as the subrecipient of the grant funds, has identified its

Office of Management and Budget (OMB) as the Responsible Entity for maintaining the CDBG-DR

Environmental Review Record. This notice is required by Section 2(a)(4) of Executive Order (EO) 11988

for Floodplain Management, and by Section 2(b) of EO 11990 for the Protection of Wetlands and is

implemented by HUD Regulations found at 24 CFR 55.20(b) for the HUD action that is within and/or

affects a floodplain or wetland.

Since the proposed project is federally funded and requires approvals from various City, State and Federal

agencies, an Environmental Impact Statement (EIS) will be prepared pursuant to the National

Environmental Policy Act (NEPA) to examine the potential environmental and social impacts of the

project. HUD has allocated CDBG-DR funds, which would be dispersed through OMB as the

Responsible Entity (RE) for the proposed project; therefore, OMB is the Lead Agency for the NEPA

review. The proposed project is also primarily located in City parkland and requires approvals from the

New York City Department of Parks & Recreation (NYC Parks); therefore, NYC Parks is the Lead

Agency for review pursuant to the New York State Environmental Quality Review Act (SEQRA) and

New York City Environmental Quality Review (CEQR).

There are three primary purposes for this notice. First, people who may be affected by activities in

floodplains and / or wetlands, and those who have an interest in the protection of the natural environment,

should be given an opportunity to express their concerns and provide information about these

areas. Second, an adequate public notice program can be an important public educational tool.

Commenters are encouraged to offer alternate methods to serve the same project purpose and methods to

minimize and mitigate impacts. The dissemination of information and request for public comment about

floodplains and wetlands can facilitate and enhance federal efforts to reduce the risks associated with the

occupancy and modification of these special areas. Third, as a matter of fairness, when the federal

government determines it will participate in actions taking place in floodplains and wetlands, it must

inform those who may be put at greater or continued risk.

In October 2012, Hurricane Sandy made landfall, greatly impacting the east side of Manhattan between

East 42nd Street and the Brooklyn Bridge and highlighting existing deficiencies in the City’s ability to

adequately protect vulnerable populations and critical infrastructure during major storm events. Hurricane

Sandy, a presidentially declared disaster, caused extensive inland flooding, resulting in significant

damages to residential and commercial property, transportation, power, parklands including East River

Park, and water and sewer infrastructure, which in turn affected medical and other critical services. To

address the vulnerability of this area, the City is proposing to install and operate a flood protection

system, along a portion of the east side of Manhattan between Montgomery Street and East 25th Street as

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part of the East Side Coastal Resiliency (ESCR) Project. This flood protection system would be primarily

integrated to City parkland and streets while reducing coastal flood hazards and protecting a diverse and

vulnerable residential population and safeguarding critical housing, energy, infrastructure, recreational,

natural and transportation systems. It is also an objective of the proposed project to enhance access to

waterfront parkland, including East River Park and Stuyvesant Cove Park. An early floodplain notice for

the ESCR Project was previously published on February 5, 2016 and public comments were accepted

through February 22, 2016.

Since the publication of the original notice, the design of the proposed project has advanced, and the City

has identified a project alternative, which has been selected as the City’s Preferred Alternative. This

Preferred Alternative proposes to situate the line of flood protection in East River Park, thereby protecting

both the community and the park from design storm events as well as increased tidal inundation resulting

from sea level rise. The Preferred Alternative would raise East River Park between the amphitheater and

East 13th Street by approximately eight-feet and install the floodwall below-grade to meet the design

flood elevation criteria. This plan would reduce the length of wall between the community and the

waterfront to provide for enhanced neighborhood connectivity and integration. In addition to the

Delancey Street and East 10th Street Bridges, the Corlears Hook Bridge would be reconstructed to be

universally accessible under the modified design. The park’s underground water and sewer infrastructure,

bulkhead and esplanade, and additional existing park structures and recreational features, including the

amphitheater, track facility, and tennis house, would also be reconstructed. Relocation of two existing

embayments along the East River Park esplanade is also proposed under this plan to allow for siting of

active recreation fields within the park. In addition, a shared-use flyover bridge would be built

cantilevered over the northbound FDR Drive to address the narrowed pathway near the Con Edison

facility between East 13th and East 15th Streets, thus providing a more accessible connection between

East River Park and Captain Patrick J. Brown Walk. The design for the proposed project was

conceptualized to be between Montgomery and Cherry Streets and between East 13th and East 23rd

Streets. However, as design for this compartment advanced, the project area was extended north to East

25th Street and included the historic Asser Levy Recreational Center. Assuming all approvals are issued,

project construction is anticipated to commence in 2020.

The area that would be protected under the ESCR Project includes land within the Federal Emergency

Management Agency (FEMA)-designated special flood hazard area (SFHA) for the 100-year flood event.

The East River is mapped as estuarine subtidal wetlands with an unconsolidated bottom (E1UBL) on

United States Fish and Wildlife Service National Wetlands Inventory (NWI) maps. The project area also

includes Littoral Zone tidal wetland regulated by the New York State Department of Environmental

Conservation (NYSDEC) and wetlands that are regulated by the United States Army Corps of Engineers

as Waters of the United States. In addition, there are three areas classified by NYSDEC as coastal shoals,

bars, and mudflats tidal wetlands—located where Pier 42 meets East River Park, at the southern extent of

Stuyvesant Cove Park, and approximately at the middle of Stuyvesant Cove Park.

All interested persons, groups, and agencies are invited to submit written comments regarding the

proposed use of federal funds to support the construction of the proposed project in a floodplain and / or

wetland. The City is interested in alternatives and public perceptions of possible adverse impacts that

could result from the project as well as potential mitigation measures. Maps of the proposed project area,

schematic design plans, and maps of the proposed location of activities within a 100-year floodplain and

wetland are available at: https://www1.nyc.gov/site/cdbgdr/documents/environmental-records.page

Written comments should be sent to OMB at 255 Greenwich Street, 8th Floor, New York, New York

10007, Attention: Calvin Johnson, Assistant Director CDBG-DR or via email at CDBGDR-

[email protected]. The minimum 15 calendar day comment period will begin the day after

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publication and end on the 16th day after publication. Such comments should be received by OMB on or

before March 11, 2019.

City of New York: Bill de Blasio, Mayor

City of New York, Office of Management and Budget, Melanie Hartzog, Director

Date: February 22, 2019

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AFFIDAVIT OF PUBLICATION

STATE OF NEW YORK COUNTY OF NEW YORK

Alison Bloom being duly sworn hereby declares and says, that she

is the Advertising Account Executive responsible for placing the

attached advertisement in: the El Diario newspaper for Miller

Advertising Agency, Inc.; located in New York, NY, and that the

New York City Office of Management & Budget advertisement, of

which the annexed is a true copy, has been published in the said

weekly publication on the following issue date(s): Febr uary 22.

2019.

Alison Bloom

Subscribed to and Sworn before me

This W +\ day otre..Stvcrd..2019

Donna Perez Notary Public State Of New York No. 01PE6151365 Qualified In New York County Commission Expires August, 14th- 2022

Page 12: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

Oflclna de Admlnis.tndOn 'I Prn upunto dt &a Ciudad dtt Nue...a York. (OMB)

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Page 13: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

AFFIDAVIT OF PUBLICATION

STATE OF NEW YORK COUNTY OF NEW YORK

Alison Bloom being duly sworn hereby declares and says, that she

is the Advertising Account Executive responsible for placing the

attached advertisement in: the Newsday newspaper for Miller

Advertising Agency, Inc.; located in New York, NY, and that the

New York City Office of Management & Budget advertisement, of

which the annexed is a true copy, has been published in the said

weekly publication on the following issue date(s): February 22,

2019.

Alison Bloom

Subscribed to and Sworn before me

This Zk>..l-\ day o£fe"J,Y1J,~)l019

Donna Perez Notary Public State Of New York No. 01PE6151365 Qualified In New York County Commission Expires August, 14th- 2022

Page 14: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

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Legal 2146790901

New York City Office of Management and Budget (OMB)New York City Department of Parks and Recreation

Community Development Block Grant – Disaster Recovery (CDBG-DR)East Side Coastal Resiliency (ESCR) Project

Early Notice and Public Review of a Proposed Activity in a 100-Year Floodplain and Wetland

To: All interested Agencies, Groups, and IndividualsThis is to give notice that the City of New York (the City) is proposing to undertake activities within both the 100-year floodplainand a wetland, relating to the U.S. Department of Housing and Urban Developmentʼs (HUD) Community Development BlockGrant-Disaster Recovery (CDBG-DR) program. President Obama signed the “Disaster Relief Appropriations Act, 2013” (PublicLaw 113-2) into law on January 29, 2013. Among other appropriations, the Act included $16 billion in CDBG-DR funds for“necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economicrevitalization in the most impacted and distressed areas resulting from Hurricane Sandy.” Pursuant to 24 CFR Part 58, the City,as the subrecipient of the grant funds, has identified its Office of Management and Budget (OMB) as the Responsible Entity formaintaining the CDBG-DR Environmental Review Record. This notice is required by Section 2(a)(4) of Executive Order (EO)11988 for Floodplain Management, and by Section 2(b) of EO 11990 for the Protection of Wetlands and is implemented by HUDRegulations found at 24 CFR 55.20(b) for the HUD action that is within and/or affects a floodplain or wetland.Since the proposed project is federally funded and requires approvals from various City, State and Federal agencies, anEnvironmental Impact Statement (EIS) will be prepared pursuant to the National Environmental Policy Act (NEPA) to examinethe potential environmental and social impacts of the project. HUD has allocated CDBG-DR funds, which would be dispersedthrough OMB as the Responsible Entity (RE) for the proposed project; therefore, OMB is the Lead Agency for the NEPA review.The proposed project is also primarily located in City parkland and requires approvals from the New York City Department ofParks & Recreation (NYC Parks); therefore, NYC Parks is the Lead Agency for review pursuant to the New York StateEnvironmental Quality Review Act (SEQRA) and New York City Environmental Quality Review (CEQR).There are three primary purposes for this notice. First, people who may be affected by activities in floodplains and / or wetlands,and those who have an interest in the protection of the natural environment, should be given an opportunity to express theirconcerns and provide information about these areas. Second, an adequate public notice program can be an important publiceducational tool. Commenters are encouraged to offer alternate methods to serve the same project purpose and methods tominimize and mitigate impacts. The dissemination of information and request for public comment about floodplains and wetlandscan facilitate and enhance federal efforts to reduce the risks associated with the occupancy and modification of these specialareas. Third, as a matter of fairness, when the federal government determines it will participate in actions taking place infloodplains and wetlands, it must inform those who may be put at greater or continued risk.In October 2012, Hurricane Sandy made landfall, greatly impacting the east side of Manhattan between East 42nd Street andthe Brooklyn Bridge and highlighting existing deficiencies in the Cityʼs ability to adequately protect vulnerable populations andcritical infrastructure during major storm events. Hurricane Sandy, a presidentially declared disaster, caused extensive inlandflooding, resulting in significant damages to residential and commercial property, transportation, power, parklands including EastRiver Park, and water and sewer infrastructure, which in turn affected medical and other critical services. To address thevulnerability of this area, the City is proposing to install and operate a flood protection system, along a portion of the east side ofManhattan between Montgomery Street and East 25th Street as part of the East Side Coastal Resiliency (ESCR) Project. Thisflood protection system would be primarily integrated to City parkland and streets while reducing coastal flood hazards andprotecting a diverse and vulnerable residential population and safeguarding critical housing, energy, infrastructure, recreational,natural and transportation systems. It is also an objective of the proposed project to enhance access to waterfront parkland,including East River Park and Stuyvesant Cove Park. An early floodplain notice for the ESCR Project was previously publishedon February 5, 2016 and public comments were accepted through February 22, 2016.Since the publication of the original notice, the design of the proposed project has advanced, and the City has identified a projectalternative, which has been selected as the Cityʼs Preferred Alternative. This Preferred Alternative proposes to situate the line offlood protection in East River Park, thereby protecting both the community and the park from design storm events as well asincreased tidal inundation resulting from sea level rise. The Preferred Alternative would raise East River Park between theamphitheater and East 13th Street by approximately eight-feet and install the floodwall below-grade to meet the design floodelevation criteria. This plan would reduce the length of wall between the community and the waterfront to provide for enhancedneighborhood connectivity and integration. In addition to the Delancey Street and East 10th Street Bridges, the Corlears HookBridge would be reconstructed to be universally accessible under the modified design. The parkʼs underground water and sewerinfrastructure, bulkhead and esplanade, and additional existing park structures and recreational features, including theamphitheater, track facility, and tennis house, would also be reconstructed. Relocation of two existing embayments along theEast River Park esplanade is also proposed under this plan to allow for siting of active recreation fields within the park. In addition,a shared-use flyover bridge would be built cantilevered over the northbound FDR Drive to address the narrowed pathway nearthe Con Edison facility between East 13th and East 15th Streets, thus providing a more accessible connection between EastRiver Park and Captain Patrick J. Brown Walk. The design for the proposed project was conceptualized to be betweenMontgomery and Cherry Streets and between East 13th and East 23rd Streets. However, as design for this compartmentadvanced, the project area was extended north to East 25th Street and included the historic Asser Levy Recreational Center.Assuming all approvals are issued, project construction is anticipated to commence in 2020.

The area that would be protected under the ESCR Project includes land within the Federal Emergency Management Agency(FEMA)-designated special flood hazard area (SFHA) for the 100-year flood event.

The East River is mapped as estuarine subtidal wetlands with an unconsolidated bottom (E1UBL) on United States Fish andWildlife Service National Wetlands Inventory (NWI) maps. The project area also includes Littoral Zone tidal wetland regulated bythe New York State Department of Environmental Conservation (NYSDEC) and wetlands that are regulated by the United StatesArmy Corps of Engineers as Waters of the United States. In addition, there are three areas classified by NYSDEC as coastalshoals, bars, and mudflats tidal wetlands—located where Pier 42 meets East River Park, at the southern extent of StuyvesantCove Park, and approximately at the middle of Stuyvesant Cove Park.All interested persons, groups, and agencies are invited to submit written comments regarding the proposed use of federal fundsto support the construction of the proposed project in a floodplain and / or wetland. The City is interested in alternatives andpublic perceptions of possible adverse impacts that could result from the project as well as potential mitigation measures. Mapsof the proposed project area, schematic design plans, and maps of the proposed location of activities within a 100-year floodplainand wetland are available at: https://www1.nyc.gov/site/cdbgdr/documents/environmental-records.pageWritten comments should be sent to OMB at 255 Greenwich Street, 8th Floor, New York, New York 10007, Attention: CalvinJohnson, Assistant Director CDBG-DR or via email at [email protected]. The minimum 15 calendar day commentperiod will begin the day after publication and end on the 16th day after publication. Such comments should be received by OMBon or before March 11, 2019.City of New York: Bill de Blasio, MayorCity of New York, Office of Management and Budget, Melanie Hartzog, DirectorDate: February 22, 2019

Legal Notice # 21459116Notice of formation of S & LSHI LLC. Arts of Org filedwith Secy of State of NY(SSNY) on 1/7/19. Office lo-cation: Queens County.SSNY designated as agentupon whom process may beserved and shall mail copy ofprocess against LLC to:55-1098th St., Corona, NY 11368.Purpose: any lawful act.

Legal Notice # 21458766NOTICE OF FORMATION ofDepartment of Sweat LLC.Arts of Org filed with Secy.of State of NY (SSNY) on 4/16/18. Office location:Queens County. SSNY desig-nated agent upon whom proc-ess may be served and shallmail copy of process againstLLC to principal business ad-dress: 1503 Jordan Ct., #103,Bayside, New York 11360.Purpose: any lawful act.

LEGAL NOTICES

Legal Notice # 214653033225 FULTON LLC. Arts. ofOrg. filed with the SSNY on01/15/19. Office: QueensCounty. SSNY designated asagent of the LLC upon whomprocess against it may beserved. SSNY shall mail copyof process to the LLC, 8565116th Street, Floor 3, Rich-mond Hill, NY 11418. Pur-pose: Any lawful purpose.

Legal Notice # 21461790Notice of Formation ofNocelie LLC, Articles of Or-ganization Filed with the Sec-retary of State of New York(SSNY) on 10/19/2018. Of-fice location: Queens, NY.SSNY designated as agent ofLLC upon whom processagainst it may be served.SSNY shall mail process toNocelie LLC,144-15 123RDAvenue Jamaica NY 11436.Purpose: Any lawful purpose.

Legal Notice # 21468500American Virgin Enterprises,Ltd. (AVE), a dissolved NYcorporation, that previouslydid business in the U.S. Vir-gin Islands, is winding up itsaffairs. It hereby notifies anyperson or entity with out-standing business with AVE,Ltd. to contact corporatecounsel at (516) 635-7295.

Legal Notice # 21466483Notice of Formation of Alaba-ma Avenue Developer LLC.Arts. of Org. filed with Secy.of State of NY (SSNY) on 1/28/19. Office location:Queens County. SSNY desig-nated as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to: c/o CB Em-manuel, 221-10 Jamaica Ave,Lower Level, Queens Village,NY 11428. Purpose: any law-ful activity. Legal Notice # 21462816

Notice of Formation ofTALUSH LLC. Arts of Org.filed with New York Secy ofState (SSNY) on 1/24/19. Of-fice location: Queens County.SSNY is designated as agentof LLC upon whom processagainst it may be served.SSNY shall mail process to:2723 Tammy Dr., Far Rock-away, NY 11691. Purpose:any lawful activity.

Legal Notice # 21459043Notice of Formation: Splen-did Realty LLC. Arts. Of Org.filed with the Sec. of StateNY (SSNY) on 6/7/2018. NYOffice Location: Queens County. SSNY has been Desig-nated for service of Process.SSNY shall mail a copy ofprocess to LLC at 133-26 Av-ery Ave. 4A, Flushing, NY11355. Purpose: any lawfulpurpose.

Legal Notice # 21455825SHERIFF’S SALE

BY VIRTUE OF AN EXECUTION ISSUED OUT OF THE SUPREME COURT OF THE STATE OFNEW YORK, KINGS COUNTY, in favor of the judgment creditor Amethyst ALT Asset Fund2016, LLC ( Amethyst ) successor in interest to the claims of plaintiff DLJ Mortgage Capital,Inc. and against LORING ESTATES LLC judgment debtor, to me directed and delivered, I WILLSELL AT PUBLIC AUCTION, by Dennis Alestra DCA#0840217., auctioneer, as the law directs,FOR CASH ONLY, on the 13th day of March 2019 at 11:00 o’clock in the forenoon, at: KingsCounty Sheriff’s Office- 210 Joralemon Street, Room 909, Brooklyn NY 11201 in the county ofKings, all the right, title and interest which LORING ESTATES LLC, the judgment debtor, hadon the 2 day of May, 2011, or at anytime thereafter, of, in and to the following proper-ties:

METES AND BOUNDS DESCRIPTIONS(1) ADDRESS: 438 Sapphire Street, Brooklyn, New York 11208SECTION/BLOCK/LOT: 14-4519-119LEGAL DESCRIPTION: ALL that certain plot, piece or parcel of land situated, lying and being inthe Borough of Brooklyn, County of Kings, City and State of New York bounded and describedas follows:BEGINNING at the point on the Westerly side of Sapphire Street, distant 214.00 feet Northerlyfrom the corner formed by the intersection of the Northerly side of Stanley Avenue with theWesterly side of Sapphire Street;RUNNING THENCE Northerly along the Westerly side of Sapphire Street, 31.00 feet to a point;RUNNING THENCE Westerly parallel with the Northerly side of Stanley Avenue part of the dis-tance through a party wall, 100.00 feet to a point;RUNNING THENCE Southerly parallel with the Westerly side of Sapphire Street, 31.00 feet toa point;RUNNING THENCE Easterly parallel with the Northerly side of Stanley Avenue part of the dis-tance through a party wall, 100.00 feet to the Westerly side of Sapphire Street the point orplace of BEGINNING.(2) ADDRESS: 76-05 151st Street a/k/a 1389 Stanley Avenue, Brooklyn, NY 11208SECTION/BLOCK/LOT: 14-4518-128LEGAL DESCRIPTION: ALL that certain plot, piece or parcel of land situated, lying and being inthe bourough of Brooklyn, the County of Kings, City and State of New York, bounded and descri-bed as follows:BEGINNING at the point on the northerly side of Stanley Avenue distant 50.00 feet easterlyfrom the corner formed by the intersection of the northerly side of Stanley Avenue with theeasterly side of Emerald Street;RUNNING THENCE easterly along the northerly side of Stanley Avenue 20.00 feet to a point;RUNNING THENCE northerly parallel with the easterly side of Emerald Street 94.00 feet to apoint;RUNNING THENCE westerly parallel with the northerly side of Stanley Avenue 20.00 feet to apoint;RUNNING THENCE southerly parallel with the easterly side of Emerald Street 94.00 feet tothe point or place of Beginning.(3) ADDRESS: 1391 Stanley Avenue, Brooklyn, New York 11208SECTION/BLOCK/LOT: 14-4518-127LEGAL DESCRIPTION:ALL that certain plot, piece or parcel of land situated, lying and being inthe bourough of Brooklyn, the County of Kings, City and State of New York, bounded and descri-bed as follows:BEGINNING at the point on the northerly side of Stanley Avenue distant 70.00 feet easterlyfrom the corner formed by the intersection of the northerly side of Stanley Avenue with theeasterly side of Emerald Street;RUNNING THENCE easterly along the northerly side of Stanley Avenue 20.00 feet to a point;RUNNING THENCE northerly parallel with the easterly side of Emerald Street 94.00 feet to apoint;RUNNING THENCE westerly parallel with the northerly side of Stanley Avenue 20.00 feet to apoint;RUNNING THENCE southerly parallel with the easterly side of Emerald Street 94.00 feet tothe point or place of Beginning.(4) ADDRESS: 1429 Stanley Avenue, Brooklyn, New York 11208SECTION/BLOCK/LOT: 14-4519-126LEGAL DESCRIPTION: ALL that certain plot piece or parcel of land situated lying and being inthe Borough of Brooklyn, County of Kings, City and State of New York bounded and describedas follows:BEGINNING at the corner formed by the intersection on the northerly side of Stanley Avenuewith the westerly side of Sapphire Street;RUNNING THENCE westerly along the northerly side of Stanley Avenue, 30.00 feet to a point;RUNNING THENCE northerly parallel with the westerly side of Sapphire Street part of the dis-tance through a party wall, 94.00 feet to a point;RUNNING THENCE easterly parallel with the northerly side of Stanley Avenue, 30.00 feet tothe westerly side of Sapphire Street;RUNNING THENCE southerly along the westerly side of Sapphire Street, 94.00 feet to the cor-ner the point or place of Beginning.(5) ADDRESS: 1432 Loring Avenue, Brooklyn, New York 11208SECTION/BLOCK/LOT: 14-4518-101LEGAL DESCRIPTION: ALL that certain plot piece or parcel of land situated lying and being inthe Borough of Brooklyn, County of Kings, City and State of New York bounded and describedas follows:BEGINNING at the point on the southerly side of Loring Avenue, distant 30.00 feet easterlyfrom the corner formed by the intersection of the southerly side of Loring Avenue with theeasterly side of Emerald Street;RUNNING THENCE easterly along the southerly side of Loring Avenue, 20.00 feet to a point;RUNNING THENCE southerly parallel with the easterly side of Emerald Street 94.00 feet to apoint;RUNNING THENCE westerly parallel with the southerly side of Loring Avenue 20.00 feet to apoint;RUNNING THENCE northerly parallel with the easterly side of Emerald Street 94.00 feet to thesoutherly side of Loring Avenue the point or place of Beginning.JOSEPH FUCITOSheriff of the City of New YorkDEPUTY McCoskerCASE# 18053314718-488-3545

Legal Notice # 21460683NOTICE OF SALE

SUPREME COURT COUNTYOF QUEENSNationstar Mortgage LLC d/b/a Champion Mortgage Com-pany, PlaintiffAGAINSTShirley Turner; et al.,Defendant(s) Pursuant to aJudgment of Foreclosure andSale duly dated December13, 2018 I, the undersignedReferee will sell at public auc-tion at the Queens CountySupreme Courthouse, Court-room #25, 88-11 Sutphin Bou-levard, Jamaica, New Yorkon March 1, 2019 at 10:00AM, premises known as 105-27 132nd Street a/k/a 105-27 Van Siclen Street, SouthRichmond Hill, NY 11419. Allthat certain plot piece or par-cel of land, with the build-ings and improvements erect-ed, situate, lying and beingin the Borough and County ofQueens, City and State ofNY, Block 9591 & 9592 Lot :70. Approximate amount ofjudgment $323,654.76 plus in-terest and costs. Premiseswill be sold subject to provi-sions of filed JudgmentIndex# 704892/2017. Rita So-lomon, Referee Shapiro,DiCaro& Barak, LLC Attorney(s) for the Plaintiff 175 MileCrossing Boulevard Roches-ter, New York 14624 (877)430-4792 Dated: January 8,2019 60439

Legal Notice # 21465684NOTICE OF SALE SUPREMECOURT COUNTY OF QUEENSHSBC BANK USA, NATION-AL ASSOCIATION, ASTRUSTEE FOR THE HOLD-ERS OF NOMURA HOMEEQUITY LOAN, INC. HOMEEQUITY LOAN TRUST, SER-IES 2007-1, PlaintiffAGAINST RIGOBERTO PER-EZ, et al., Defendant(s) Pur-suant to a Judgment of Fore-closure and Sale duly datedJanuary 22, 2018 I, the under-signed Referee will sell atpublic auction at the QueensCounty Courthouse in Court-room #25, 88-11 Sutphin Bou-levard, Jamaica, New York,on March 15, 2019 at10:00AM, premises known as87-43 109TH STREET, JA-MAICA, NY 11418. All thatcertain plot piece or parcel ofland, with the buildings andimprovements erected, sit-uate, lying and being in theBorough and County ofQueens, City and State ofNew York, BLOCK 9299, LOT55. Approximate amount ofjudgment $600,969.92 plus in-terest and costs. Premiseswill be sold subject to provi-sions of filed Judgment forIndex# 8388/13. ANTHONYL. MASCOLO, ESQ., RefereeGross Polowy, LLC Attorneyfor Plaintiff 1775 WehrleDrive, Suite 100Williamsville, NY 1422160823

Legal Notice # 21466736NOTICE OF SALE SUPREMECOURT COUNTY OF QUEENSWe l l s Fa r g o Ba n k , N.A. ,Plaintiff AGAINST StephanieJones a/k/a Stephanie Mi-chelle Jones, Individually andon behalf of the Estate ofNorma Jones a/k/a Norma E.Jones; Anthony Jones;T a y l o r B e r j o t ; e t a l . ,Defendant(s) Pursuant to aJudgment of Foreclosure andSale duly dated January 19,2016 I, the undersigned Ref-eree will sell at public auc-tion at the Queens CountyCourthouse, Courtroom #25,88-11 Sutphin Boulevard, Ja-maica, New York on March22, 2019 at 10:00AM, prem-ises known as 177-41 UrsinaRoad, Jamaica, NY 11434. Allthat certain plot piece or par-cel of land, with the build-ings and improvements erect-ed, situate, lying and beingin the Borough and County ofQueens, City and State ofNY, Block: 12482 Lot: 162.Approximate amount of judg-ment $288,115.45 plus inter-est and costs. Premises willbe sold subject to provisionsof filed Judgment Index# 10364/2013. William L. Sena,Esq., Referee Shapiro, DiCaro& Barak, LLC Attorney(s) forthe Plaintiff 175 Mile Cross-ing Boulevard Rochester,New York 14624 (877) 430-4792 Dated: January 24,2019 61010

Legal Notice # 21463360Notice of Formation of Child-rens Lifeskills Development,LLC. Arts of Org. filed withNY Secy of State (SSNY) on1/18/19. Office location:Queens County. SSNY is des-ignated as agent of LLC uponwhom process against it maybe served. SSNY shall mailprocess to: 91-12 175th St,Ste 2B, Jamaica, NY 11432.Purpose: any lawful activity.

Legal Notice # 21466425NOTICE OF SALE OF COOP-

ERATIVE APARTMENTSECURITY BY VIRTUE OF ADEFAULT under the terms ofa Security Agreement datedJune 6, 2006 executed by Ja-net Tsivgoulis, debtor(s), toBNY Mortgage Company,LLC, secured party, in accord-ance with its rights as holderof the Security, DeutscheBank National Trust Compa-ny as Trustee for ResidentialAsset Securitization TrustSeries 2006-A14CB MortgagePass-Through CertificatesSeries 2006-N by JessicaPrince-Clateman, DCA # 1097640 and/or Vincent DeAnge-lis, DCA # 1127571 and/or Ka-ren Loiacano, DCA #1435601will conduct a public foreclo-sure sale of the security con-sisting of 284 shares of stockof Bay Terrace CooperativeSection X, Inc., all right, titleand interest in and to a Pro-prietary Lease between saidCorporation and debtor forapartment 2A, in buildingknown as 1870 211th Street,Bayside, NY 11360 togetherwith all fixtures and articlesof personal property now orhereafter affixed to or usedin connection with said apart-ment on March 15, 2019, at12:00 PM On the front stepsof the Queens County Court-house, 88-11 Sutphin Blvd.,Jamaica, NY 11435 in satis-faction of an indebtedness inthe principal amount of $139,691.45 plus interest, latefees, attorney fees, mainte-nance in arrears and all otheradvanced charges. Apart-ment is sold "AS IS" and pos-session to be obtained bythe purchaser. Said sale issubject to: payment of allsums due, if any, to Bay Ter-race Cooperative Section X,Inc. and the consent if neces-sary, of said corporation; anyexisting tenancy; payment ofall expenses and fees of thesecured party with respectthereto; terms of the saleand auctioneer’s fees. The se-cured party reserves theright to bid. A 10% down pay-ment in certified funds orbank check payable to Sha-piro, DiCaro & Barak, LLC isrequired at sale with a bal-ance of bid due within thirty(30) days. File No. 18-077474#96481

Legal Notice # 21461361SUPREME COURT – COUNTYOF QUEENSDEUTSCHE BANK NATION-AL TRUST COMPANY, ASTRUSTEE UNDER THE POOL-ING AND SERVICING AGREE-MENT RELATING TO IMPACSECURED ASSETS CORP.,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006-1, PlaintiffagainstJENNIFER IWUMUNE, et alDefendant(s).Pursuant to a Judgment ofForeclosure and Sale enteredon May 4, 2018.I, the undersigned Refereewill sell at public auction atthe Queens County SupremeCourthouse, 88-11 SutphinBoulevard, Court Room # 25,Jamaica, N.Y. on the 8th dayof March, 2019 at 10:00 a.m.premises described as fol-lows: All that certain plot,piece or parcel of land, withthe building and improve-ments thereon erected, sit-uate, lying and being in theBorough and County ofQueens, City and State ofNew York.Said premises known as 106-43 156th Avenue, Jamaica,N.Y. 11433.(Block: 10124, Lot: 39).Approximate amount of lien$ 912,125.68 plus interestand costs.Premises will be sold subjectto provisions of filed judg-ment and terms of sale.Index No. 32432-09. Barry S.Seidel, Esq., Referee.McCabe, Weisberg, & Con-way, LLCAttorney(s) for Plaintiff145 Huguenot Street - Suite210, New Rochelle, New York10801(914) 636-8900

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AFFIDAVIT OF PUBLICATION

STATE OF NEW YORK COUNTY OF NEW YORK

Alison Bloom being duly sworn hereby declares and says, that she

is the Advertising Account Executive responsible for placing the

attached advertisement in: the NY Dai ly News newspaper for Miller

Advertising Agency, Inc.; located in New York, NY, and that the

New York City Office of Management & Budget advertisement, of

which the annexed is a true copy, has been published in the said

weekly publication on the following issue date(s): February 22,

2019.

Alison Bloom

Subscribed to and Sworn before me +1.. r- ,

This 2J.e day of !e~rvw~019

Notary Public

Donna Perez Notary Public State Of New York No. 01PE6151365 Qualified In New York County Commission Expires August, 14th- 2022

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DAILY NEWS NYDailyNews.com Friday, February 22, 2019 35

New York City Office of Management and Budget (OMB)New York City Department of Parks and Recreation

Community Development Block Grant – Disaster Recovery (CDBG-DR)East Side Coastal Resiliency (ESCR) Project

Early Notice and Public Review of a Proposed Activity in a 100-Year Floodplain and Wetland

To: All interested Agencies, Groups, and IndividualsThis is to give notice that the City of New York (the City) is proposing to undertake activities within both the 100-yearfloodplain and a wetland, relating to the U.S. Department of Housing and Urban Development’s (HUD) CommunityDevelopment Block Grant-Disaster Recovery (CDBG-DR) program. President Obama signed the “Disaster ReliefAppropriations Act, 2013” (Public Law 113-2) into law on January 29, 2013. Among other appropriations, the Actincluded $16 billion in CDBG-DR funds for “necessary expenses related to disaster relief, long-term recovery,restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areasresulting from Hurricane Sandy.” Pursuant to 24 CFR Part 58, the City, as the subrecipient of the grant funds, hasidentified its Office of Management and Budget (OMB) as the Responsible Entity for maintaining the CDBG-DREnvironmental Review Record. This notice is required by Section 2(a)(4) of Executive Order (EO) 11988 forFloodplain Management, and by Section 2(b) of EO 11990 for the Protection of Wetlands and is implemented byHUD Regulations found at 24 CFR 55.20(b) for the HUD action that is within and/or affects a floodplain or wetland.

Since the proposed project is federally funded and requires approvals from various City, State and Federal agencies,an Environmental Impact Statement (EIS) will be prepared pursuant to the National Environmental Policy Act (NEPA)to examine the potential environmental and social impacts of the project. HUD has allocated CDBG-DR funds, whichwould be dispersed through OMB as the Responsible Entity (RE) for the proposed project; therefore, OMB is theLead Agency for the NEPA review. The proposed project is also primarily located in City parkland and requiresapprovals from the New York City Department of Parks & Recreation (NYC Parks); therefore, NYC Parks is the LeadAgency for review pursuant to the New York State Environmental Quality Review Act (SEQRA) and New York CityEnvironmental Quality Review (CEQR).

There are three primary purposes for this notice. First, people who may be affected by activities in floodplains and /or wetlands, and those who have an interest in the protection of the natural environment, should be given anopportunity to express their concerns and provide information about these areas. Second, an adequate public noticeprogram can be an important public educational tool. Commenters are encouraged to offer alternate methods toserve the same project purpose and methods to minimize and mitigate impacts. The dissemination of informationand request for public comment about floodplains and wetlands can facilitate and enhance federal efforts to reducethe risks associated with the occupancy and modification of these special areas. Third, as a matter of fairness, whenthe federal government determines it will participate in actions taking place in floodplains and wetlands, it must informthose who may be put at greater or continued risk.

In October 2012, Hurricane Sandy made landfall, greatly impacting the east side of Manhattan between East 42ndStreet and the Brooklyn Bridge and highlighting existing deficiencies in the City’s ability to adequately protectvulnerable populations and critical infrastructure during major storm events. Hurricane Sandy, a presidentiallydeclared disaster, caused extensive inland flooding, resulting in significant damages to residential and commercialproperty, transportation, power, parklands including East River Park, and water and sewer infrastructure, which inturn affected medical and other critical services. To address the vulnerability of this area, the City is proposing toinstall and operate a flood protection system, along a portion of the east side of Manhattan between MontgomeryStreet and East 25th Street as part of the East Side Coastal Resiliency (ESCR) Project. This flood protection systemwould be primarily integrated to City parkland and streets while reducing coastal flood hazards and protecting adiverse and vulnerable residential population and safeguarding critical housing, energy, infrastructure, recreational,natural and transportation systems. It is also an objective of the proposed project to enhance access to waterfrontparkland, including East River Park and Stuyvesant Cove Park. An early floodplain notice for the ESCR Project waspreviously published on February 5, 2016 and public comments were accepted through February 22, 2016.

Since the publication of the original notice, the design of the proposed project has advanced, and the City hasidentified a project alternative, which has been selected as the City’s Preferred Alternative. This Preferred Alternativeproposes to situate the line of flood protection in East River Park, thereby protecting both the community and thepark from design storm events as well as increased tidal inundation resulting from sea level rise. The PreferredAlternative would raise East River Park between the amphitheater and East 13th Street by approximately eight-feetand install the floodwall below-grade to meet the design flood elevation criteria. This plan would reduce the lengthof wall between the community and the waterfront to provide for enhanced neighborhood connectivity andintegration. In addition to the Delancey Street and East 10th Street Bridges, the Corlears Hook Bridge would bereconstructed to be universally accessible under the modified design. The park’s underground water and sewerinfrastructure, bulkhead and esplanade, and additional existing park structures and recreational features, includingthe amphitheater, track facility, and tennis house, would also be reconstructed. Relocation of two existingembayments along the East River Park esplanade is also proposed under this plan to allow for siting of activerecreation fields within the park. In addition, a shared-use flyover bridge would be built cantilevered over thenorthbound FDR Drive to address the narrowed pathway near the Con Edison facility between East 13th and East15th Streets, thus providing a more accessible connection between East River Park and Captain Patrick J. BrownWalk. The design for the proposed project was conceptualized to be between Montgomery and Cherry Streets andbetween East 13th and East 23rd Streets. However, as design for this compartment advanced, the project area wasextended north to East 25th Street and included the historic Asser Levy Recreational Center. Assuming all approvalsare issued, project construction is anticipated to commence in 2020.

The area that would be protected under the ESCR Project includes land within the Federal Emergency ManagementAgency (FEMA)-designated special flood hazard area (SFHA) for the 100-year flood event.

The East River is mapped as estuarine subtidal wetlands with an unconsolidated bottom (E1UBL) on United StatesFish andWildlife Service National Wetlands Inventory (NWI) maps. The project area also includes Littoral Zone tidalwetland regulated by the New York State Department of Environmental Conservation (NYSDEC) and wetlands thatare regulated by the United States Army Corps of Engineers as Waters of the United States. In addition, there arethree areas classified by NYSDEC as coastal shoals, bars, and mudflats tidal wetlands—located where Pier 42meets East River Park, at the southern extent of Stuyvesant Cove Park, and approximately at the middle ofStuyvesant Cove Park.

All interested persons, groups, and agencies are invited to submit written comments regarding the proposed use offederal funds to support the construction of the proposed project in a floodplain and / or wetland. The City is interestedin alternatives and public perceptions of possible adverse impacts that could result from the project as well aspotential mitigation measures. Maps of the proposed project area, schematic design plans, and maps of theproposed location of activities within a 100-year floodplain and wetland are available at:https://www1.nyc.gov/site/cdbgdr/documents/environmental-records.page

Written comments should be sent to OMB at 255 Greenwich Street, 8th Floor, New York, New York 10007, Attention:Calvin Johnson, Assistant Director CDBG-DR or via email at [email protected]. The minimum 15calendar day comment period will begin the day after publication and end on the 16th day after publication. Suchcomments should be received by OMB on or before March 11, 2019.

City of New York: Bill de Blasio, MayorCity of New York, Office of Management and Budget, Melanie Hartzog, DirectorDate: February 22, 2019

Cactus 605 Woodfield LLC Artsof Org. filed SSNY 4/3/18. Office:Queens Co. SSNY design agent ofLLC upon whom process may beserved & mail to 47-05 MetropolitanAve Ridgewood, NY 11385 GeneralPurpose

Notice of formation of Black StarMarketing Group LLC. Articlesof Org. filed with the Secretaryof State of New York (SSNY) on10/15/2018. Office located in QueensCounty. SSNY has been designatedfor service of process. SSNY shallmail copy of any process servedagainst the LLC to: 98- 23 HHexpwy Unit #4E Corona, NY 11368.Purpose: Any lawful activity orpurpose.

Legal Notices

Cactus Forest Associates LLC Artsof Org. filed SSNY 1/7/19. Office:Queens Co. SSNY design agent ofLLC upon whom process may beserved & mail to 47-05 MetropolitanAve Ridgewood, NY 11385 GeneralPurpose

Cactus 733 Amsterdam LLC Artsof Org. filed SSNY 11/14/18. Office:Queens Co. SSNY design agent ofLLC upon whom process may beserved & mail to 47-05 MetropolitanAve Flushing, NY 11385 GeneralPurpose

Legal Notices

Notice of Formation of Chris ChrisKelly LLC. Arts. of Org. filed withSecy. of State of NY (SSNY) on9/12/18. Office location: RichmondCounty. SSNY designated as agentof LLC upon whom process againstit may be served. SSNY shall mailprocess to: The LLC, 462 VillaAvenue, Staten Island, NY 10302.Purpose: any lawful activity.

Notice of Formation of 64-17Central Ave LLC. Arts. of Org. filedwith Secy. of State of NY (SSNY)on 11/21/18. Office location: QueensCounty. SSNY designated as agentof LLC upon whom process againstit may be served. SSNY shall mailprocess to: 64-17 Central Ave,Glendale, NY 11385. Purpose: anylawful activity.

Legal Notices

Anyone knowing the whereaboutsof VICTOR MANUEL MORAGARCIA, last known address,somewhere in the Bronx, NewYork, please contact R. MichaelMcHale, McHale Law Firm, 631Kirby Street, Lake Charles, LA70601, phone (337) 990-0093.

MARY WALTON (Plaintiff)against JOSEPH PLAZA

(Defendant) Index No.: 13570/2014Let all persons interested in theestate of MARY WALTON, thedeceased plaintiff, or her attorneysshow cause at Part 97, Room775, located at 360 Adams Street,Brooklyn, New York, on the 20thday of March, 2019 at 9:30 a.m.,why an Order should not be madepursuant to C.P.L.R. 1021 dismiss-ing the complaint of plaintiffMARY WALTON, for failure tomake timely substitution in theplace and stead of the deceasedplaintiff.

Notice of formation of KristenRiani Movement LLC. Articlesof Org. filed with the Secretaryof State of New York (SSNY) on01/03/2019. Office located in QueensCounty. SSNY has been designatedfor service of process. SSNY shallmail copy of any process servedagainst the LLC to: 88-10 WhitneyAvenue, Apt 6-A, Elmhurst, NewYork 11373. Purpose: Any lawfulactivity or purpose.

Notice of Formation of KeystoneAssets 1 LLC. Art. of Org. filedSec’y of State (SSNY) 1/25/19.Office location: Richmond Co.SSNY designated as agent of LLCupon whom process against it maybe served. SSNY shall mail processto: 1911 Richmond Ave, Ste 200,Staten Island, NY 10314. Purpose:any lawful activities.

JJ WORLDWIDE REALTY LLC.Filed 12/4/18. Office: Queens Co.SSNY designated as agent forprocess & shall mail to: Jin Chi,3940 64th St, Woodside, NY 11377.Purpose: General.

Jing Song Property LLC, Arts ofOrg. filed with Sec. of State of NY(SSNY) 5/17/2018. Cty: Queens.SSNY desig. as agent upon whomprocess against may be served &shall mail process to 73-14 178th St.,Fresh Meadows, NY 11366. GeneralPurpose.

Notice of Formation of Have UCovered, LLC. Arts. of Org. filedwith Secy. of State of NY (SSNY)on 1/8/19. Office location: QueensCounty. SSNY designated as agentof LLC upon whom process againstit may be served. SSNY shallmail process to: P.O. Box 610528,Bayside, NY 11361. Purpose: anylawful activity.

Notice of Formation of God’sLittle Angels by Faith LLC. Arts.of Org. filed with Secy. of Stateof NY (SSNY) on 1/18/19. Officelocation: Richmond County. SSNYdesignated as agent of LLC uponwhom process against it may beserved. SSNY shall mail processto: Faith Bernal, 157 Harbor Road,Staten Island, NY 10303. Purpose:any lawful activity.

Global Relations And Development,LLC Arts of Org. filed SSNY 11/13/18.Office: Queens Co. SSNY designagent of LLC upon whom processmay be served & mail to Kory Cai67-57 170 St Fresh Meadows, NY11365 General Purpose

Emvee Productions, LLC Arts ofOrg. filed SSNY 12/11/18. Office:Queens Co. SSNY design agent ofLLC upon whom process may beserved & mail to 41-41 38 St LongIsland City, NY 11101 GeneralPurpose

Notice of Formation of Elite TestPrep of Staten Island LLC. Art. ofOrg. filed Sec’y of State (SSNY)2/6/19. Office location: RichmondCo. SSNY designated as agent ofLLC upon whom process againstit may be served. SSNY shall mailprocess to: 122 Eylandt St, StatenIsland, NY 10312. Purpose: anylawful activities.

East Coast Horizon, LLC Arts ofOrg. filed SSNY 12/21/18. Office:Queens Co. SSNY design agent ofLLC upon whom process may beserved & mail to Registered Agents90 State St #700-40 Albany NY 12207General Purpose

CJD REALTY CONSULTANTSLLC. Arts. of Org. filed with SSNYon 08/21/18. Off. Loc.: Queens Co.SSNY desig. as agt. upon whomprocess may be served. SSNY shallmail process to: The LLC, 992167th Rd. Apt. 1B Forest Hills, NY11375. The reg. agt. is US Corp.Agents, Inc. at 7014 13th Ave. Ste.202 Brooklyn, NY 11228. GeneralPurposes

Legal Notices

Notice of formation of LITTLEHIKES CO LLC. Articles of Org.filed with the Secretary of Stateof New York (SSNY) on 2/14/2019.Office located in Richmond County.SSNY has been designated forservice of process. SSNY shallmail copy of any process servedagainst the LLC to: 461 GREELEYAVE, STATEN ISLAND, NY 10306.Purpose: Any lawful activity orpurpose.

Notice of formation of E- BORGECAPITAL LLC. Articles of Org.filed with the Secretary of State ofNew York (SSNY) on 3/6/2018. Officelocated in Queens County. SSNYhas been designated for serviceof process. SSNY shall mail copyof any process served against theLLC to: 115-12 125th Street, SouthOzone Park, NY 11420. Purpose:Any lawful activity or purpose.

31-51 33rd Street LLC Arts of Orgfiled with NY Sec of State (SSNY)on 12/3/18. Office: Queens County.SSNY designated as agent of LLCupon whom process may be served.SSNY shall mail process to: 72 EOld Country Rd, Mineola, NY 11501.General Purposes.

Notice of formation of HOUSEOF VIRASAT. Articles of Org.filed with the Secretary of State ofNew York (SSNY) on LLC. Officelocated in Queens County. SSNYhas been designated for service ofprocess. SSNY shall mail copy ofany process served against the LLCto: NO SERVICE CO. Purpose:Any lawful activity or purpose.

MEDKON 27, LLC, Arts. of Org.filed with the SSNY on 01/11/2019.Office loc: Queens County. SSNYhas been designated as agent uponwhom process against the LLCmay be served. SSNY shall mailprocess to: David Zhang, PO Box543, Hicksville, NY 11802. Purpose:Any Lawful Purpose.

HOWARD BEACH MEDICAL OFNEW YORK LLC Articles of Org.filed NY Sec. of State (SSNY)3/19/18. Office in Queens Co. SSNYdesign. Agent of PLLC upon whomprocess may be served. SSNY shallmail copy of process to CorporateCreations Network Inc 15 NorthMill ST Nyack, NY 10960. Purpose:Any lawful activity.

Notice and Summons in aCivil Action

United States District Courtfor the Eastern District of NewYork, Civil Action No. 18-cv-5650(JBW) (RER), Allstate InsuranceCompany, et al. Plaintiffs, v.Khotenok et. al, Defendants.To: Grace Ragues Maisel, M.D., 3Old Phillips Hill Road, New City,New York 10956.Within 21 days after service of thissummons upon you by publicationin this newspaper (not countingthe day you received it), youare hereby summoned to servean answer upon Plaintiffs to theComplaint or file a motion underRule 12 of the Federal Rules ofCivil Procedure. The answer or mo-tion must be served on Plaintiffs’attorneys, whose name and addressare: Robert Stern, Esq., MorrisonMahoney LLP, 120 Broadway, Suite1010, New York, NY 10271. If youfail to respond, judgment by defaultwill be entered against you for therelief demanded in the Complaint.You must also file your answer ormotion with the court.Nature of the Action and ReliefSought: The lawsuit alleges, amongother things, violations of theUnited States Racketeer Influencedand Corrupt Organizations Act(“RICO”), 18 U.S.C.A. § 1961 et seq.and New York State common law,resulting from your participation ina scheme to defraud in which you,through Performance Plus MedicalP.C., submitted and/or participatedin the submission of fraudulentinsurance claims for medicalservices to Plaintiffs for reimburse-ment under the New York No-faultLaw. As a result of your allegedparticipation in the fraud allegedin the Complaint, the lawsuit seeksdamages in excess of $398,000.00,which may be trebled as a resultof the violation of the RICO statute.The foregoing summons is servedupon you by publication pursuant toan Order of the Honorable RamonE. Reyes, Jr., dated January 22,2019, filed along with supportingpapers with the Clerk of the Court,in the District Court, of and for theEastern District of New York.

PUBLIC NOTICEJ. H. Greer, III or anyone knowingthe whereabouts of Mr. Greer, lastknown address was New haven, CT.Please contact Jordiene Williamsat 917-891-5121. Ref Divorce.

Legal Notices

TJAJPCB LLC, Arts of Org. filedwith Sec. of State of NY (SSNY)1/4/2019. Cty: Queens. SSNY desig.as agent upon whom processagainst may be served & shall mailprocess to 23-15 121st St., CollegePoint, NY 11356. General Purpose.

Notice of formation of The LittleDesign Shoppe LLC. Articles ofOrg. filed with the Secretary ofState of New York (SSNY) on02/01/2017. Office located in QueensCounty. SSNY has been designatedfor service of process. SSNY shallmail copy of any process servedagainst the LLC to: 90 State Street,STE 700, Office 40 Albany, NY12207. Purpose: Any lawful activityor purpose.

Tfit Nyc LLC Arts of Org. filedSSNY 12/14/18. Office: Queens Co.SSNY design agent of LLC uponwhom process may be served &mail to 5025 65 Pl Woodside, NY11377 RA: US Corp Agents, Inc.7014 13 Ave #202 Brooklyn, NY 11228General Purpose

Sleep Comfy LLC, Arts of Org. filedwith Sec. of State of NY (SSNY)1/11/2019. Cty: Queens. SSNYdesig. as agent upon whom processagainst may be served & shall mailprocess to 104-15 116th St., SouthRichmond Hill, NY 11419. GeneralPurpose.

SI DREAM HOMES LLC Art.Of Org. Filed Sec. of State of NY10/9/2018. Off Loc.: Richmond Co.SSNY designated as agent uponwhom process against it may beserved. SSNY to mail copy ofprocess to The LLC, 27 White OakLane, Staten Island, NY 10309.Purpose: Any lawful act or activity.

Pwd-Nj/Ny, LLC Authority filedSSNY 12/21/18 Office: RichmondCo LLC formed IA 7/18/17 exists 80State St Albany, NY 12207 SSNYdesign agent for process & shallmail to same address Cert of RegisFiled IA SOS 1007 East Grand Ave#105 State Capitol Des Moines, IA50319 General Purpose

PFC & SRJ Foundation LLC Artsof Org filed with NY Sec of State(SSNY) on 1/2/19. Office: QueensCounty. SSNY designated as agentof LLC upon whom process may beserved. SSNY shall mail processto: 136-33 37th Ave, #8B, Flushing,NY 11354. General Purposes.

Pearson Assemblage LLC Artsof Org. filed SSNY 6/22/18. Office:Queens Co. SSNY design agentof LLC upon whom process maybe served & mail to Incorp Srvcs,Inc. One Commerce Plaza 99Washington Ave #805a Albany, NY12210-2822 General Purpose

Notice of Formation of P & H JungHoldings, LLC. Arts. of Org. filedwith Secy. of State of NY (SSNY)on 1/17/19. Office location: QueensCounty. SSNY designated as agentof LLC upon whom process againstit may be served. SSNY shall mailprocess to: The LLC, 31-01 21st St.,Astoria, NY 11106. Purpose: anylawful activity.

METROLUX LIVING LLC. Arts.of Org. filed with SSNY on 12/01/16.Off. Loc.: Queens Co. SSNY desig.as agt. upon whom process may beserved. SSNY shall mail processto: The LLC, 5821 256th St. LittleNeck, NY 11362. The reg. agt. isPosh Living LLC. at the same ad-dress. General Purposes.

Martian Poets LLC Authority filedSSNY 10/15/18 Office: Queens CoLLC formed DE 10/9/18 exists 16192Coastal Hwy Lewes, DE 19958.SSNY design agent upon whomprocess against the LLC may beserved & mail to 36-14 165 St #5 BsFlushing, NY 11358 Cert of RegisFiled DE SOS 401 Federal St #4Dover DE 19901 General Purpose

LLTTF BARD, LLC Art. Of Org.Filed Sec. of State of NY 1/23/2019.Off. Loc. : Richmond Co. SSNYdesignated as agent upon whomprocess against it may be servedand shall mail process to: c/oPatrice Buffaloe, 264 Bard Avenue,Staten Island, NY 10310. Purpose:Any lawful act or activity.

SAL JAVA LLC, Arts. of Org. filedwith the SSNY on 01/23/2019. Officeloc: Queens County. SSNY hasbeen designated as agent uponwhom process against the LLCmay be served. SSNY shall mailprocess to: The LLC, 148-29 CrossIsland Pkwy, Whitestone, NY 11357.Purpose: Any Lawful Purpose.

Legal Notices

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Page 17: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

AFFIDAVIT OF PUBLICATION

STATE OF NEW YORK COUNTY OF NEW YORK

Alison Bloom being duly sworn hereby declares and says, that she

is the Advertising Account Executive responsible for placing the

attached advertisement in: the NY Post newspaper for Miller

Advertising Agency, Inc.; located in New York, NY, and that the

New York City Office of Management & Budget advertisement, of

which the annexed is a true copy, has been published in the said

weekly publication on the following issue date(s): February 22,

2019.

Av\'5(A__ [?~ Alison Bloom

Subscribed to and Sworn before me

This 2<£. 0

day of ').;._':,rv) 2019

Notary Public

Donna Perez Notary Public State Of New York No. 01PE6151365 Qualified In New York County Commission Expires August, 14th - 2022

Page 18: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

New

York P

ost, Friday, Feb

ruary 22, 2019nyp

ost.com45

EMPLOYMENT

GENERAL HELP WANTED

SCHOOL BUS DRIVERS WANTED!(BROOKLYN)

Start your career as a School BusDriver! We need people interested in

launching a Driving Career as aSchool Bus Driver to New York City

public school students.

School Bus Drivers provide safe,reliable, and efficient public

transportation to schoolchildren every day.

WE OFFER:μ Starting Pay up to $20/hr• Full and Part time positions• Full Benefits Available

REQUIREMENTS:• Must be at least 21 years of age• Must hold a current NY, NJ, CT, orPA CDL (Commercial Driver’sLicense)• CDL-B or A must have passengerendorsement (no restrictions) andan "S" endorsement or be willing toobtain an "S" endorsement• CDL-C applicants must have apassenger endorsement (N2Restriction will NOT be considered)• Must not exceed 5 points ondriving record.• Able to pass a DOT Physical,Drug Screen and a criminalbackground check.Note: Please check your licenseto be sure that you do NOT havean "N2" restriction

Reply by email with your contactinformation/or resume attached or...

APPLY IN PERSON AT:1 Coffey St., Brooklyn, NY 11231

OR Call 929-270-2560Monday - Friday 9:00am-4:00pm

www.jofaztrans.comWe are an equal

opportunity/affirmativeaction employer.

TRUCKER HELPERS & WAREHOUSEWORKERS PART TIME:

Accepting applications on Wed.,from 9:30-11AM. Call 718-383-5500

x 9653 for further details

PROFESSIONAL

Marketing: AlixPartners, LLP (NewYork, NY) seeks Thought LeadershipVice President, Marketing w/master’sin Journalism, Communications orMedia Studies and 1 yr. of exp. inwriting, editing and publishingbusiness-related content (or BS+5).Must have some work experience ineach of the following: 1) developingcompelling short- and long-formcontent integrating journalistic tech-niques with print and digital media;2) coordinating writing, editorial andpublishing teams with a focus ontechnology and financial topics;3) interfacing with teams at multipleorganizational levels including C-Suite executives. This position quali-fies for the AlixPartners employee re-ferral program. Send cover letter andresume to [email protected] calls. EOE.

Too cute!Puppies, Kittens, Dogs, and Cats

Sell them in theNew York Post ClassifiedsCall 212-930-8100 today

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List your property for sale!Place an ad in the NYP Home section,

the weekly real estate guiderunning on Thursdays

Call 212-930-8100 today!

GENERAL HELP WANTED

Looking For A New Career?Check Out Your Options in the

Career Training Listings

MECHANIC - DIESEL/GASSchool Bus Company

DIESEL & GAS TECHNICIAN

JOB DUTIES INCLUDE:• Repairs and maintains school busesand school bus equipment.• Test drives repaired equipment.• Notifies supervisor of potentiallydangerous equipment and takescorrective action.• Performs all other duties asassigned.

DIESEL TECHNICIAN/MECHANICJOB REQUIREMENTS:• Be at least 18 years old• Have a valid driver’s license• Able to obtain a CDL license• Must be able to pass a backgroundcheck and drug test• Possess a combination ofeducation and technical experienceincluding a minimum of 2 yearsdiesel service and fleet experience

WE OFFER:• Competitive compensation (paidweekly) μ Job stability μ Uniforms• Paid holidays μ Sick time• Vacation time μMedical benefits• Union shop μ Full time and parttime positions available*Willingness to work flexible hours,weekends and holidays is a must*

APPLY IN PERSON AT:1 Coffey St., Brooklyn, NY 11231

OR Call 929-270-2560Monday - Friday 9:00am-4:00pm

www.jofaztrans.com

DISPATCHER/SUPERVISOR(School Bus Company)

(BROOKLYN)Long established School Bus Co.serving the five boroughs of New

York City is currently looking to fill aFull-Time DISPATCHER position.LOCATION: IN BROOKLYN, NY.

REQUIREMENTS:• Prior dispatch experience required• Knowledge of five boroughs a plus• Professional team player• Excellent communications,organizational, and customerservice skills.• Being able to effectivelycommunicate with drivers,attendants, parents,school administrators ona professional level.

OTHER QUALIFICATIONS:• Multi-tasking capability• Composure under pressure• Detail Oriented• Knowledge of computerdispatching software preferred/willing to train right candidate.• Computer literate.*Willingness to work flexible hours,weekends and holidays is a must*

APPLY IN PERSON AT:1 Coffey St., Brooklyn, NY 11231

OR Call 929-270-2560Monday - Friday 9:00am-4:00pm

www.jofaztrans.comWe are an equal opportunity/affirmative action employer.

LEGAL NOTICES

NOTICES

SUPREME COURT OF THE STATE OFNEW YORK

COUNTY OF RICHMOND

SUPPLEMENTAL SUMMONS ANDNOTICEIndex No. 135041/2018Date Filed: 2/7/2019

JPMorgan Chase Bank, NationalAssociation,

Plaintiff,-against-Betty Harville a/k/a Betty M.Harville; Dary Harville a/k/a DarinHarville, if he be living or dead, hisspouse, heirs, devisees,distributees and successors ininterest, all of whom and whosenames and places of residence areunknown to Plaintiff; New YorkState Affordable HousingCorporation;Neighborhood Housing Services ofStaten Island, Inc.; Criminal Courtof the City of New York; RichmondSupreme Court; City of New YorkEnvironmental Control Board; Cityof New York Parking ViolationsBureau; City of New York TransitAdjudication Bureau; State of NewYork; and "JOHN DOE", said namebeing fictitious, it being theintention of Plaintiff to designateany and all occupants of premisesbeing foreclosed herein, and anyparties, corporations or entities, ifany, having or claiming an interestor lien upon the mortgagedpremises,

Defendants.

PROPERTY ADDRESS: 73 De GrootPlace, Staten Island, NY 10310TO THE ABOVE NAMEDDEFENDANTS:YOU ARE HEREBY SUMMONED toanswer the complaint in this actionand to serve a copy of your answer,or a notice of appearance on theattorneys for the Plaintiff withinthirty(30) days after the service of thissummons, exclusive of the day ofservice. The United States ofAmerica, if designated as adefendant in this action, mayappear within sixty (60) days ofservice hereof. In case of yourfailure to appear or answer,judgment will be taken against youby default for the relief demandedin the complaint.TO THE ABOVE NAMEDDEFENDANTS: The foregoingSummons is served upon you bypublication pursuant to an Order ofthe Hon. Desmond Green, a Justiceof the Supreme Court, RichmondCounty, entered Feb. 6, 2019 andfiled with the complaint and otherpapers in the Richmond CountyClerk’s Office.NOTICE OF NATURE OF ACTIONAND RELIEF SOUGHT THE OBJECTof the above captioned action is toforeclose a Consolidation and/orModified Mortgage (hereinafter"the Mortgage") to secure$243,173.17 and interest, coveringpremises known as 73 De GrootPlace, Staten Island, NY 10310 a/k/aBlock 201, Lot 77.The relief sought in the withinaction is a final judgment directingthe sale of the premises describedabove to satisfy the debt securedby the Mortgage described above.Plaintiff designates RichmondCounty as the place of trial. Venueis based upon the County in whichthe mortgaged premises issituated.NOTICEYOU ARE IN DANGER OF LOSINGYOUR HOMEIF YOU DO NOT RESPOND TO THISSUMMONS AND COMPLAINT BYSERVING A COPY OF THE ANSWERON THE ATTORNEY FOR THEMORTGAGE COMPANY WHO FILEDTHIS FORECLOSURE PROCEEDINGAGAINST YOU AND FILING THEANSWER WITH THE COURT, ADEFAULT JUDGMENT MAY BEENTERED AND YOU CAN LOSEYOUR HOME.SPEAK TO AN ATTORNEY OR GO TOTHE COURT WHERE YOUR CASE ISPENDING FOR FURTHERINFORMATION ON HOW TOANSWER THE SUMMONS ANDPROTECT YOUR PROPERTY.SENDING A PAYMENT TO YOURMORTGAGE COMPANY WILL NOTSTOP THIS FORECLOSURE ACTION.YOU MUST RESPOND BY SERVINGA COPY OF THE ANSWER ON THEATTORNEY FOR THE PLAINTIFF(MORTGAGE COMPANY) ANDFILING THE ANSWER WITH THECOURT.

Dated: August 3, 2018Frank M. Cassara, Esq.

Senior Associate AttorneySHAPIRO, DICARO & BARAK, LLC

Attorneys for Plaintiff175 Mile Crossing Boulevard

Rochester, New York 14624(585) 247-9000

Fax: (585) 247-7380our File No. 17-068381

#96489

Page 19: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

AFFIDAVIT OF PUBLICATION

STATE OF NEW YORK COUNTY OF NEW YORK

Alison Bloom being duly sworn hereby declares and says, that she

is the Advertising Account Executive responsible for placing the

attached advertisement in: the Rockaway Wave newspaper for

Miller Advertising Agency, Inc.; located in New York, NY, and that

the New York City Office of Management & Budget advertisement,

of which the annexed is a true copy, has been published in the said

weekly publication on the following issue date(s): February 22.

2019.

JccxCM t~h.RAc Alison Bloom

Subscribed to and Sworn before me

Thl·s 2(·-¥\ ~I --=->--"'-~ _day of - ~oe;::::Yv~019

Notary Public

Donna Perez Notary Public State Of New York No. 01PE6151365 Qualified In New York County Commission Expires August, 141h - 2022

Page 20: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

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Notice of Formation of 129-24 Mer-rick Blvd LLC. Arts. of Org. filed withSecy. of State of NY (SSNY) on8/30/18. Office location: QueensCounty. SSNY designated as agentof LLC upon whom process againstit may be served. SSNY shall mailprocess to: The LLC, 77-11 164th St,2nd Fl., Flushing, NY 11366. Pur-pose: any lawful activity. #2019-033,6x 2/8-3/15/19.

3636 Main Street 2SE LLC, Arts ofOrg. filed with Sec. of State of NY(SSNY) 1/18/2019. Cty: Queens.SSNY desig. as agent upon whomprocess against may be served &shall mail process to 3636 MainStreet, Flushing, NY 11354. GeneralPurpose. #2019-035, 6x 2/8-3/15/19.

Danata Realty LLC, Arts of Org. filedwith Sec. of State of NY (SSNY)1/16/2019. Cty: Queens. SSNY desig.as agent upon whom processagainst may be served & shall mailprocess to 19-19 24th Ave., #L510,Astoria, NY 11102. General Purpose.#2019-036, 6x 2/8-3/15/19.

Notice of Formation of PROGRES-SIVE INVESTORS LLC Arts. of Org.filed with Secy. of State of NY (SSNY)on 01/30/19. Office location: QueensCounty. Princ. office of LLC: 22-1543rd Ave., Ste. 300, Long Island City,NY 11101. SSNY designated asagent of LLC upon whom processagainst it may be served. SSNY shallmail process to the LLC at the addr.of its princ. office. Purpose: Any law-ful activity. #2019-037, 6x 2/15-3/22/19.

Notice of formation of JASKIRTMANDAHAR DESIGNS, LLC, Articlesof Organization filed with the Secre-tary of State of New York (SSNY) on1/23/2019. Office located in QueensCounty. SSNY has been designatedfor serving of process. SSNY shallmail copy of any process servedagainst the LLC to 80-45 Little NeckParkway, Floral Park, NY 11004. Pur-pose: any lawful purpose. #2019-039, 6x 2/15-3/22/19.

File No.: 2017-2892/A CITATION THEPEOPLE OF THE STATE OF NEWYORK BY THE GRACE OF GOD,FREE AND INDEPENDENT To:Michael Todd Klafter, Bennet Klafter,Attorney General of the State ofNew York The unknown distributees,legatees, devisees, heirs at law andassignees of MITCHELL KLAFTERA/K/A MITCHELL DAVID KLAFTER,deceased, or their estates, if anythere be, whose names, places ofresidence and post office addressesare unknown to the petitioner andcannot with due diligence be ascer-tained. Being the persons interestedas creditors, legatees, distributeesor otherwise in the Estate ofMITCHELL KLAFTER A/K/AMITCHELL DAVID KLAFTER, de-ceased, who at the time of deathwas a resident of 53-01 72nd Street,Ridgewood, NY 11385, in the Countyof Queens, State of New York. SENDGREETING: Upon the petition ofLOIS M. ROSENBLATT, Public Ad-ministrator of Queens County, whomaintains her office at 88-11 SutphinBoulevard, Jamaica, QueensCounty, New York 11435, as Admin-istrator of the Estate of MITCHELLKLAFTER A/K/A MITCHELL DAVIDKLAFTER, deceased, you and eachof you are hereby cited to showcause before the Surrogate at theSurrogate’s Court of the County ofQueens, to be held at the QueensGeneral Courthouse, 6th Floor, 88-11 Sutphin Boulevard, Jamaica, Cityand State of New York, on the 28thday of March, 2019 at 9:30 o’clock inthe forenoon, why the Account ofProceedings of the Public Adminis-trator of Queens County, as Admin-istrator of the Estate of saiddeceased, a copy of which is at-tached, should not be judicially set-tled, and why the Surrogate shouldnot fix and allow a reasonableamount of compensation to GER-ARD J. SWEENEY, ESQ., for legalservices rendered to petitionerherein in the amount of $2,722.56

and that the Court fix the fair andreasonable additional fee for anyservices to be rendered by GERARDJ. SWEENEY, ESQ., hereafter in con-nection with proceedings on kinship,claims etc., prior to entry of a finalDecree on this accounting in theamount of 6% of assets or incomecollected after the date of the withinaccounting; and why the Surrogateshould not fix and allow an amountequal to one percent on said Sched-ules of the total assets on SchedulesA, A1, and A2 plus any additionalmonies received subsequent to thedate of this account, as the fair andreasonable amount payable to theOffice of the Public Administrator forthe expenses of said office pursuantto S.C.P.A. §1106(3); and why eachof you claiming to be a distributee ofthe decedent should not establishproof of your kinship; and why thebalance of said funds should not bepaid to said alleged distributeesupon proof of kinship, or depositedwith the Commissioner of Finance ofthe City of New York should said al-leged distributees default herein, orfail to establish proof of kinship.Dated, Attested and Sealed 5th dayof February, 2019 HON. PETER J.KELLY Surrogate, Queens CountyJAMES LIM BECKER Clerk of theSurrogate’s Court GERARD J.SWEENEY, ESQ. (718) 459-90001981 Marcus Avenue, Suite 200 LakeSuccess, New York 11042 This cita-tion is served upon you as requiredby law. You are not obliged to appearin person. If you fail to appear it willbe assumed that you do not object tothe relief requested unless you fileformal legal, verified objections. Youhave a right to have an attorney-at-law appear for you. Accounting Cita-tion. #2019-043, 4x 2/15-3/8/19.

Notice of formation of SHERMAN’SCONSTRUCTION & RENOVATION,LLC, Articles of Organization filedwith the Secretary of State of NewYork (SSNY) on 11/01/2018. Office lo-cated in Queens County. SSNY hasbeen designated for serving ofprocess. SSNY shall mail copy of anyprocess served against the LLC to14914 125TH Street, South OzonePark, NY 11420. Purpose: any lawfulpurpose. #2019-045, 6x 2/22-3/29/19.

Notice is hereby given that a license,with a pending Ser No., has been ap-plied for by, to sell wine, beer andcider at retail in a restaurant underthe ABC Law at 110-64 QueensBoulevard, Forest Hills, NY 11375 foron-premises consumption. #2019-046, 2x 2/22-3/1/19.

Collins Cab LLC, Arts of Org. filedwith Sec. of State of NY (SSNY)1/31/2019. Cty: Queens. SSNY desig.as agent upon whom processagainst may be served & shall mailprocess to 5411 Queens Blvd.,Woodside, NY 11377.General Pur-pose. #2019-047, 6x 2/22-3/29/19.

LYNX TRANSPORTATION LLC Arti-cles of Org. filed NY Sec. of State(SSNY) 9/23/15. Office in Queens Co.SSNY design. Agent of LLC uponwhom process may be served. SSNYshall mail copy of process to TheLLC 133-12 84th ST Ozone ParkQueens, NY 11417. Purpose: Anylawful activity. #2019-048, 6x 2/22-3/29/19.

Notice is hereby given that a license,number (PENDING) for on-premisesLiquor has been applied for by theundersigned to sell liquor at retail ina Hotel under the Alcoholic Bever-age Control Law at 37–06 36thStreet, Long Island City, NY 11101for on premises consumption. TheCollective Paper Factory LLC (TheCollective (Living) Inc as Manager)d/b/a Paper Factory #2019-049, 2x2/22-3/1/19.

Kabashi 3 LLC, Arts of Org. filed withSec. of State of NY (SSNY) 2/1/2019.Cty: Queens. SSNY desig. as agentupon whom process against may beserved & shall mail process to 41-4242nd St., #1K, Long Island City, NY11104.General Purpose. #2019-050,6x 2/22-3/29/19.

New York City Office of Management and Budget (OMB) New York City Department of Parks and Recreation

Community Development Block Grant – Disaster Recovery (CDBG-DR) East Side Coastal Resiliency (ESCR) Project

Early Notice and Public Review of a Proposed Activity in a 100-Year Floodplain and Wetland

To: All interested Agencies, Groups, and Individuals This is to give notice that the City of New York (the City) is proposing to undertake activities within both the 100-year floodplain and a wetland, relating to the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant-Disaster Recovery (CDBG-DR) program. President Obama signed the “Disaster Relief Appropriations Act, 2013” (Public Law 113-2) into law on January 29, 2013. Among other appropriations, the Act included $16 billion in CDBG-DR funds for “necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from Hurricane Sandy.” Pursuant to 24 CFR Part 58, the City, as the subrecipient of the grant funds, has identified its Office of Management and Budget (OMB) as the Responsible Entity for maintaining the CDBG-DR Environmental Review Record. This notice is required by Section 2(a)(4) of Executive Order (EO) 11988 for Floodplain Management, and by Section 2(b) of EO 11990 for the Protection of Wetlands and is implemented by HUD Regulations found at 24 CFR 55.20(b) for the HUD action that is within and/or affects a floodplain or wetland.

Since the proposed project is federally funded and requires approvals from various City, State and Federal agencies, an Environmental Impact Statement (EIS) will be prepared pursuant to the National Environmental Policy Act (NEPA) to examine the potential environmental and social impacts of the project. HUD has allocated CDBG-DR funds, which would be dispersed through OMB as the Responsible Entity (RE) for the proposed project; therefore, OMB is the Lead Agency for the NEPA review. The proposed project is also primarily located in City parkland and requires approvals from the New York City Department of Parks & Recreation (NYC Parks); therefore, NYC Parks is the Lead Agency for review pursuant to the New York State Environmental Quality Review Act (SEQRA) and New York City Environmental Quality Review (CEQR).

There are three primary purposes for this notice. First, people who may be affected by activities in floodplains and / or wetlands, and those who have an interest in the protection of the natural environment, should be given an opportunity to express their concerns and provide information about these areas. Second, an adequate public notice program can be an important public educational tool. Commenters are encouraged to offer alternate methods to serve the same project purpose and methods to minimize and mitigate impacts. The dissemination of information and request for public comment about floodplains and wetlands can facilitate and enhance federal efforts to reduce the risks associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the federal government determines it will participate in actions taking place in floodplains and wetlands, it must inform those who may be put at greater or continued risk.

In October 2012, Hurricane Sandy made landfall, greatly impacting the east side of Manhattan between East 42nd Street and the Brooklyn Bridge and highlighting existing deficiencies in the City’s ability to adequately protect vulnerable populations and critical infrastructure during major storm events. Hurricane Sandy, a presidentially declared disaster, caused extensive inland flooding, resulting in significant damages to residential and commercial property, transportation, power, parklands including East River Park, and water and sewer infrastructure, which in turn affected medical and other critical services. To address the vulnerability of this area, the City is proposing to install and operate a flood protection system, along a portion of the east side of Manhattan between Montgomery Street and East 25th Street as part of the East Side Coastal Resiliency (ESCR) Project. This flood protection system would be primarily integrated to City parkland and streets while reducing coastal flood hazards and protecting a diverse and vulnerable residential population and safeguarding critical housing, energy, infrastructure, recreational, natural and transportation systems. It is also an objective of the proposed project to enhance access to waterfront parkland, including East River Park and Stuyvesant Cove Park. An early floodplain notice for the ESCR Project was previously published on February 5, 2016 and public comments were accepted through February 22, 2016.

Since the publication of the original notice, the design of the proposed project has advanced, and the City has identified a project alternative, which has been selected as the City’s Preferred Alternative. This Preferred Alternative proposes to situate the line of flood protection in East River Park, thereby protecting both the community and the park from design storm events as well as increased tidal inundation resulting from sea level rise. The Preferred Alternative would raise East River Park between the amphitheater and East 13th Street by approximately eight-feet and install the floodwall below-grade to meet the design flood elevation criteria. This plan would reduce the length of wall between the community and the waterfront to provide for enhanced neighborhood connectivity and integration. In addition to the Delancey Street and East 10th Street Bridges, the Corlears Hook Bridge would be reconstructed to be universally accessible under the modified design. The park’s underground water and sewer infrastructure, bulkhead and esplanade, and additional existing park structures and recreational features, including the amphitheater, track facility, and tennis house, would also be reconstructed. Relocation of two existing embayments along the East River Park esplanade is also proposed under this plan to allow for siting of active recreation fields within the park. In addition, a shared-use flyover bridge would be built cantilevered over the northbound FDR Drive to address the narrowed pathway near the Con Edison facility between East 13th and East 15th Streets, thus providing a more accessible connection between East River Park and Captain Patrick J. Brown Walk. The design for the proposed project was conceptualized to be between Montgomery and Cherry Streets and between East 13th and East 23rd Streets. However, as design for this compartment advanced, the project area was extended north to East 25th Street and included the historic Asser Levy Recreational Center. Assuming all approvals are issued, project construction is anticipated to commence in 2020.

The area that would be protected under the ESCR Project includes land within the Federal Emergency Management Agency (FEMA)-designated special flood hazard area (SFHA) for the 100-year flood event.

The East River is mapped as estuarine subtidal wetlands with an unconsolidated bottom (E1UBL) on United States Fish and Wildlife Service National Wetlands Inventory (NWI) maps. The project area also includes Littoral Zone tidal wetland regulated by the New York State Department of Environmental Conservation (NYSDEC) and wetlands that are regulated by the United States Army Corps of Engineers as Waters of the United States. In addition, there are three areas classified by NYSDEC as coastal shoals, bars, and mudflats tidal wetlands—located where Pier 42 meets East River Park, at the southern extent of Stuyvesant Cove Park, and approximately at the middle of Stuyvesant Cove Park.

All interested persons, groups, and agencies are invited to submit written comments regarding the proposed use of federal funds to support the construction of the proposed project in a floodplain and / or wetland. The City is interested in alternatives and public perceptions of possible adverse impacts that could result from the project as well as potential mitigation measures. Maps of the proposed project area, schematic design plans, and maps of the proposed location of activities within a 100-year floodplain and wetland are available at: https://www1.nyc.gov/site/cdbgdr/documents/environmental-records.page

Written comments should be sent to OMB at 255 Greenwich Street, 8th Floor, New York, New York 10007, Attention: Calvin Johnson, Assistant Director CDBG-DR or via email at [email protected]. The minimum 15 calendar day comment period will begin the day after publication and end on the 16th day after publication. Such comments should be received by OMB on or before March 11, 2019.

City of New York: Bill de Blasio, Mayor City of New York, Office of Management and Budget, Melanie Hartzog, Director Date: February 22, 2019

LEGAL NOTICESLEGAL NOTICES

Page 21: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

AFFIDAVIT OF PUBLICATION

STATE OF NEW YORK COUNTY OF NEW YORK

Alison Bloom being duly sworn hereby declares and says, that she

is the Advertising Account Executive responsible for placing the

attached advertisement in: the Russkaya Reklama newspaper for

Miller Advertising Agency, Inc.; located in New York, NY, and that

the New York City Office of Management & Budget advertisement,

of which the annexed is a true copy, has been published in the said

weekly publication on the following issue date(s): February 22,

2019 .

. & _($' Cv\ 1SA1RA Alison Bloom

Subscribed to and Sworn before me ,..--::-

This 2b -.lit day oi\-e.SN'..-t... 2019 r-

Notary Public

Donna Perez Notary Public State Of New York No. 01PE6151365 Qualified In New York County Commission Expires August, 14th- 2022

Page 22: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine
Page 23: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

AFFIDAVIT OF PUBLICATION

STATE OF NEW YORK COUNTY OF NEW YORK

Alison Bloom being duly sworn hereby declares and says, that she

is the Advertising Account Executive responsible for placing the

attached advertisement in: the Staten Island Advance newspaper

for Miller Advertising Agency, Inc.; located in New York, NY, and

that the New York City Office of Management & Budget

advertisement, of which the annexed is a true copy, has been

published in the said weekly publication on the following issue

date(s): February 22, 2019.

Alison Bloom

Subscribed to and Sworn before me

This 2.£4 -1'\ day of~c.Jt"f 2019

Donna Perez Notary Public State Of New York No. 01PE6151365

Qualified In New York County Commission Expires August, 14th - 2022

Page 24: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

þÿ�S�t�a�t�e�n� �I�s�l�a�n�d� �A�d�v�a�n�c�e� �-� �F�e�b� �2�2�,� �2�0�1�9� �-� � �-� � �-� �A�5

STATEN ISLAND

BP Oddo supports starting school later Anna lise Knudson akn!Lds'On@siad·varrce.c.tJm

As sctlool districts across file countrylook to start school later in the day.llorough Pres­ident James Oddo believes delayed sCI!ool start times could improve Staten Jstand students' physical, mental and emotional well-being.

"School start t i.mes are about academic performance, they're about attendance. they're about depression, anxiety and sui­cide,• Oddo said. "They're about substance abuse, ttley're about obesity. They're about car accidents. They're about a weakened immune system. Ttley're about mental ill­ness. This is what the scienceissayi.ng_"

According to the Centers for Disease Control and Prevention (CDC). not getti.ng enough sleep is common among high school students. The lack of steep is associated with severe health risks including being over­weight, drinking alcohol. smoking tobacco and using drugs. It also leads to pDor .aca-­demic performance, the CDC said.

On Staten Island, many high schools begin the school day around or after 8 a.m. , but Ralph R. MCKee High School and Curtis High School, both in St. George, begi.n the school day well before 8 a.m.-at 7:03a.m. and 7:25a.m .. respectively. Other schools offer addit ional morning classes. which means that some students are going to class just after7 a.m.

Seven of the 12 Staten Island schools that serve only grades six through eight begin sCI!ool before 8 a.m., with the earliest start time of7:10 a.m. at Rocoo Laurie Intermedi­ate School (l.S. 72), New Springville.

"We're. spending all ofthis money to edu­cate students, and certainly for our high school students. we are doing it at a time where lhey·re not Likely to learn and we are force-feeding them.' Oddosaid.

Despite critics· arguments that delay­i.ng the school day would be "pandering• or "babying• students. Oddo .said that adoles­cents should foUowtheir circadian rhythms by sleeping later. Citcadian rllyt·hms are physical, mental and behavioral changes that follow a daily cycle and respond primar­ily to light and darkness in an environment, according to the Nationalln.stitute of Gen­eral Medical Sciences. During adolescence, this biological clock results in later sleep and wake times.

"Tile one thing I think is irrefutable. if t his was solely a science decision, we would all move .start times certainly for our high school students; Oddo said. "Sowhatl've been trying to do overt he Iastcoupteofyears is educate people on sleep in genera~ but more specifically as it relates to sCI!ool start times because I think thatgivesourstudents the best chance possible to nof only perform academically butto be pllysically, mentally and emotionally healthy.'

He referenced a new study published in Science Advances that found Seattle stu­dents are getti.ng more sleep after the school

~I

dist.rict delayed high school start times by nearly an hour- from 7:50 to8:45 a.m.

Researchers found that the change in start time lengthened students' daily sleep to over ball an hour. They found the change was associated with 4.5 percent increase in grades, but couldn't prove it was directly related. The later star t times led to an increase in punctuality and attendance, only in the economically disadvantaged sCI!ool.

While it would be difficult to implement an across-tile-board change to the city's school start times. Oddo adds that a slow rollout could he effective.

He said if a small group of schools in the city welcome the idea. they can demonstrate that it works, that grades go up and atten­dance improves.

"Once you have that. it will slowly roll out.• said Oddo. "It won't happen soon. Jt won't happen overnight. But every month there's more data showing the efficacy of this. At some point, the science will win the day.'

The Department of Education (DOE) said 90 percent of the city's public schools begin between 8 and 8:20a.m.

"We want students to have tile snon­gest opportunity to succeed in the class­room. and agree that later start times can support student achievement," said Doug Cohen, spokesman for the DOE. "Ninety per­cent of our schools begin at 8 a.m. or later. We wor.ked with five schools last year who started before 8 a.m. to push back their start time, and we're planning to engage .addi­tional schools in the liPCOming year.·

According to the Department of Educa­tion, the agency is planning to review final data of the five schools at the end of the year, but sctlools.are reporting promising indica­tors in attendance and discipline. as well as positive feedback from students and stalf.

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Cit( ot Ntw Yo II:: 811dt H<~b, Ua{'Or C it( OT Ntw.Yort.,OI'In OT lbli9tlf)Ut.lld 81C)iltt. UeQ•~ Hartzog, Olltcbr Otb : fttiM"J 2l , :~1,

STATEN ISLAND ADVANCE SILI VE.COM FRIDAY, FEBRUA~Y 2.2, 2019 AS

Borouah P.resident James .Oddo believes delayed ·school starttimes could improve Staten Island stu· dentst physical .. mental and emotional well~being. Staten Jsla,d Advance

WEST BRIGHTON

Crash sends1 person to the hospital

One person was sent to the hospital and two cars were badly damaged in a crash in West Brighton on Thursday morning.

The incident was reported at Henderson and North Bur­gher avenues at 10:28 a .. ru .. according to a spokesman for tlleFDNY.

One victim was transported to Richmond Univer­sity Medical Center in West Brighton witll serious but non-life-threateni.ng i.njuries, the spokesman said.

Wknessessaid one ofthe drivers, a woman, sutferedlac­erat:ions to her face.

Two vehicles could be seen at the location with signifi­cant damage.

A white sedan llad damage to ks front end, and a btue sedan was damaged on its passenger side. -Mira \Vasuf

ALBANY

New penalties sought for assaulting airport and road workers

Gov. Andrew Cuomo wants higher penalties for assault­ing transportation workers while they're on the job.

The Democrat announced Thursday that he'll include a provision in his state'budgetproposal making it a felony to assault highway workers. subway and bus workers or -employees at airports.

That would increase potential jail time· and fines for defendants. He's also seeking to i.ncrease penalties for motorists who endanger the lives of" highway workers by unsafe driving.

The changes. must be approved by lawmakers. State taw already sets out higher penalties for assaulting some types of transportation workers, such as bus drivers, as well as a long list of .other professions including police; Jirefighters, sanitation workers and health care workers.

Cuomo has also proposed adding working journalists to the list. -Associated Press

NEW YORK

Pilot program would fund child care at community colleges

A proposal from New York Gov. Andrew Cuomo would provide on-campus child care for single parents attendi.ng community college.

The Democrats aid Thursday that he'll ask lawmakers to approve a pilot program for up to 400 students at commu­nity college campuses around the state.

Single parents participating in the program would also have access to tutoring and help applying to four-year sctlools.

Cuomo says child care can be a significant challenge for single parents who want to earn a college degree.

The governor inserted the measure into his state budget proposal. which lawmakers hope to pass by April1.1t's also a part of Cuomo's2019 women's justice agenda, a list ofleg­islation that Cuomo says will address the gender wage gap and other gender inequities. -Associated Press

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Page 25: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

AFFIDAVIT OF PUBLICATION

STATE OF NEW YORK COUNTY OF NEW YORK

Alison Bloom being duly sworn hereby declares and says, that she

is the Advertising Account Executive responsible for placing the

attached advertisement in: the Sing Tao newspaper for Miller

Advertising Agency, Inc.; located in New York, NY, and that the

New York City Office of Management & Budget advertisement, of

which the annexed is a true copy, has been published in the said

weekly publication on the following issue date(s): February 22.

2019.

Alison Bloom

Subscribed to and Sworn before me

II ~ k" J This v...t2 day of \e...brv"'{¥019

Notary Public

Donna Perez Notary Public State Of New York No. 01PE6151365 Qualified In New York County Commission Expires August, 14th - 2022

Page 26: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

布朗表示,教育工作者工會認為這次罷工是為屋崙37000名學生創造更美好未來的鬥爭,而

不是為傳統認為的僅僅是給予教工更好的薪資和福利。讓我們重新回到談判桌的前提涉及縮小班級規模,給予學生應得的足夠資源,例如輔導員,學校護士,圖書管理員和學校心理輔導員。現狀是,目前每600名學生中只有一名輔導員,每1750名學生只有一名護士。阿拉米達勞工委員會、加州護士協會、國家教育協會(National Education Association)均派代表到場支持。

大部隊隨後聲勢浩蕩地一路步行至位於百老匯街1000號的聯合校區總部辦公室進行示威,一直持續到下午。教工們在2時30分繼續回到各自學校的警戒線,示威抗議。

據悉,就像本周在西維珍尼亞州舉行的全州教

師罷工一樣,特許學校(charter school)被認為是造成校區財務危機的重要問題。老師們質疑為甚麼屋崙聯合學區簽署了富有政治關聯的協議,每年向不必為校區負責的特許學校撥款5700萬元,但卻對公立學校說沒錢並計劃關閉一些學校。屋崙校區董事會已提議關閉該區86所學校中的24所,目標學校的學生主要以非裔和拉美裔為主,其中魯特國際學校已確定在今年年底關閉。

雖然漲薪資在過去一年的其他教師罷工中一直主題之一,但屋崙教師的要求卻因生活成本的急劇增加有別於其他地區。由於灣區的科技繁榮,使得屋崙迅速的高端化,生活成本的增加遠超過教育工作者的薪資增長。據房地產網站Zillow統計,屋崙一居室公寓每月租金為2680美元,這將佔初始教師薪資的60%。目前,屋崙教育工作者的薪資是阿拉米達縣最低的,OEA要求在三年內增漲薪資12%。

受惠於墨爾本樓價下滑、澳元匯率低,內城區3間大宅本周在24小時內便被中國人買下。這些中國買家是澳洲永久居民,雖在海外居住,但獲准按澳洲公民享有的權利置業。

其中一組買家來自澳門,早上視察了位於Kew市Burke Rd的1207號大宅,12小時後,便一口氣買下該處及隔壁1209號的房屋,然後翌日凌晨1時半乘飛機回澳門。新業主的子女現正就讀市內的私立學校,一家人打算在6至12個月內遷回澳洲定居。

上述兩間房屋均具近一世紀歷史,其中1209號住宅後院有一個室外游泳池,兩處地皮面積合共2,400平方米。這兩屋原定於本周末進行拍賣,但賣家擔心拍賣市場不明朗,於是決定提早接受出價達成交易。

負責這次交易的地產公司Kay & Burton Hawthorn經紀Rebecca Edwards稱,中國買家在農曆新年一般置業氣氛熾熱,但少有交投,然而

「因為我們的樓價調整,澳洲被視為避風港,尤其是中國人,他們認為現在是入市好時機。他們多數只逗留4至5日,是旋風式之旅。」

第三間被中國人買下的住宅位於Wimba Ave,它以私人形式約500萬元售予一名來自中國大陸的買家。

地產搜尋網站realestate.com.au首席經濟師Nerida Conishbee稱,一半搜索澳洲物業的中國買家都覤覦墨爾本,近日以Glen Waverley及較多華人聚居的博士山(Box Hill)等富裕地區最受歡迎。「為了投資以外目的買屋的人們頗活躍。」

另一地產公司Biggin & Scott的徐姓(音譯,Ming Xu)經紀稱,一些在澳洲臨時居留、房貸申請被拒絕的中國人,考慮提出以現金一次性買下百萬元水平的住宅。

他預計,外國人對澳洲住宅的需求會持續至本月底。 本報墨爾本訊

墨爾本富裕區受歡迎中國人一日掃三豪宅

特朗普政府宣布,再次修改從敍利亞撤軍的方案,將安排200名美軍暫時留守當地。白宮並透露,國防部與軍方高層本周將與土耳其會談。

美聯社報道,白宮發言人桑德斯21日發表簡短聲明,表示「現階段」將讓大約200名官兵留在敍國,而不是像總統特朗普早前宣稱般,全面撤離當地。與特朗普同一陣線的共和黨參議

員格雷厄姆(Lindsey Graham)隨後讚揚白宮的決定,形容這批美軍將成為「國際穩定力量」,協助控制區內局勢。格雷厄姆說,美軍劃定安全區後,既能約束伊朗,又能遏止伊斯蘭國死灰復燃,同時保護土耳其以及固守土耳其與敍利亞之間的邊界。

特朗普月前突然宣布撤軍後,時任國防部長馬蒂斯立即辭職抗議,朝

野及國際盟友也紛紛批評,輿論擔心美軍在當地留下真空後,不但讓伊朗以至俄羅斯有機可乘,也將離棄身為盟友的庫爾德武裝組織。

土耳其長期視庫爾德民兵為恐怖份子,或將在美軍離開後藉機打壓對方。

對於土耳其在區內影響的問題,白宮表示特朗普21日已與土國總統埃

爾多安(Tayyip Erdogan)通話,兩國同意「繼續協調」創建安全區,此外代理國防部長沙納漢(Patrick Shanahan)及參謀長聯席會議主席鄧福德(Joseph Dunford)本周也會與土方會晤。

美方在敍利亞駐有2000名官兵,在當地東北部設有多個小型基地,也在南部的坦夫(al-Tanf)地區協助訓練敍國武裝力量對抗伊斯蘭國。坦夫是交通要衝,連結德黑蘭和南黎巴嫩,伊朗一旦貫通之後可以直達以色列邊界。 本報訊

三藩公校教師罷工呼籲提高薪資福利

在屋崙教師工會的組織下,21日公校教師罷工正式

爆發。全市86所學校的教職工、學生和家長在早上6時30分就拉起警戒線,手持標語和牌子,為罷工拉開序幕。屋崙教師工會(OEA)主席布朗(Keith Brown)來 到 曼 薩 尼 塔 社 區 學 校( M a n z a n i t a Community School)為大家打氣加油。11時30分,數千名教師在屋崙市政府的小川廣場(Frank Ogawa Plaza)集結,並展開集體抗議。

本報記者馬欣屋崙報道

手持標語抗議籲縮班級規模工會主席打氣

■屋崙爆發歷史性教師罷工,數千名教育工作者參與。 記者馬欣攝

■澳門買家考慮半日,一口氣買下Kew市Burke Rd的1209號(圖)及1207號大宅。 REA

星島環球直擊

敍撤兵方案再調整 白宮稱暫留200美軍

2019年2月22日 星期五 A7廣告。爆料。查詢212-699-3800

ManhattanSing Tao Office 188 Lafayette St.嘉利五金店 49 Bayard Street佳佳商店 81 Bayard Street葉氏報攤 34 Bowery St. & Bayard St星星髮廊雜貨店 34 Canal Street劉成報攤 230 Canal St. & Baxter St.中央街報攤 238 Canal St. & Centre St.曹伯報攤 240 Canal St. & Centre St. 東方書局 29 East Broadway鑫鑫商店 99 East Broadway東方海味 205 Grand StreetGrand Newsstand 240 Grand St. & Bowery St.明輝書局 42 Mott Street JJ 精品店 121 Mott Street

BrooklynSing Tao Brooklyn Office 5510 8 Av. Rm 202百業 4516 8 Ave. Great Eagle Photo Co. 5123 8 Ave.蘴澤參茸 5213 8 Ave.蘴澤參茸 6001 8 Ave.蘴澤參茸 6010 8 Ave.中原 5411 8 Ave.Fu Xing Market 5822 8 Ave.Yomin Inc 6016 8 Ave.

QueensSing Tao Queens Office 135-27 38th Ave. Suite 115維康药房 136-10 38 Ave.勝利藥房 44-45 Kissena Blvd安康宁药房 41-15 Kissena Blvd..萬康西藥房 133-38 41st Rd君康药房 39-07 Prince St. #1E健富药房 42-13 Main St.德星市場 135-05 Roosevelt Ave.嘉和堂 135-30 Roosevelt Ave.

Page 27: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

AFFIDAVIT OF PUBLICATION

STATE OF NEW YORK COUNTY OF NEW YORK

Alison Bloom being duly sworn hereby declares and says, that she

is the Advertising Account Executive responsible for placing the

attached advertisement in: the Brooklyn Eagle newspaper for Miller

Advertising Agency, Inc.; located in New York, NY, and that the

New York City Oifice of Management & Budget advertisement, of

which the annexed is a true copy, has been published in the said

weekly publication on the following issue date(s): February 22.

2019.

~~~-X~ GV\ ~~~ ~ Alison Bloom

Subscribed to and Sworn before me

This 21...e-.11. day o fYe.l,r'vW"):l-019

9.~ Q-tAJ' Donna Perez Notary Public State Of New York No. 01PE6151365 Qualified In New York County Commission Expires August, 14th- 2022

Page 28: Appendix L Eight-Step Planning Process for …...Department of Environmental Conservation (NYSDEC) 1974 Tidal Wetland Mapping (Map ID 586_506 and 586_508), respectively. Step 1. Determine

Friday, February 22, 2019 • Brooklyn Daily Eagle • 3

Brooklyn Daily Eagle 3 col x 8.5” 2/22/19

New York City Office of Management and Budget (OMB)New York City Department of Parks and Recreation

Community Development Block Grant – Disaster Recovery (CDBG-DR)East Side Coastal Resiliency (ESCR) Project

Early Notice and Public Review of a Proposed Activity in a 100-Year Floodplain and Wetland

To: All interested Agencies, Groups, and IndividualsThis is to give notice that the City of New York (the City) is proposing to undertake activities within both the 100-year floodplain and a wetland, relating to the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant-Disaster Recovery (CDBG-DR) program. President Obama signed the “Disaster Relief Appropriations Act, 2013” (Public Law 113-2) into law on January 29, 2013. Among other appropriations, the Act included $16 billion in CDBG-DR funds for “necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from Hurricane Sandy.” Pursuant to 24 CFR Part 58, the City, as the subrecipient of the grant funds, has identified its Office of Management and Budget (OMB) as the Responsible Entity for maintaining the CDBG-DREnvironmental Review Record. This notice is required by Section 2(a)(4) of Executive Order (EO) 11988 for Floodplain Management, and by Section 2(b) of EO 11990 for the Protection of Wetlands and is implemented by HUD Regulations found at 24 CFR 55.20(b) for the HUD action that is within and/or affects a floodplain or wetland.

Since the proposed project is federally funded and requires approvals from various City, State and Federal agencies, an Environmental Impact Statement (EIS) will be prepared pursuant to the National Environmental Policy Act (NEPA) to examine the potential environmental and social impacts of the project. HUD has allocated CDBG-DR funds, which would be dispersed through OMB as the Responsible Entity (RE) for the proposed project; therefore, OMB is the Lead Agency for the NEPA review. The proposed project is also primarily located in City parkland and requires approvals from the New York City Department of Parks & Recreation (NYC Parks); therefore, NYC Parks is the Lead Agency for review pursuant to the New York State Environmental Quality Review Act (SEQRA) and New York City Environmental Quality Review (CEQR).

There are three primary purposes for this notice. First, people who may be affected by activities in floodplains and / or wetlands, and those who have an interest in the protection of the natural environment, should be given an opportunity to express their concerns and provide information about these areas. Second, an adequate public notice program can be an important public educational tool. Commenters are encouraged to offer alternate methods to serve the same project purpose and methods to minimize and mitigate impacts. The dissemination of information and request for public comment about floodplains and wetlands can facilitate and enhance federal efforts to reduce the risks associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the federal government determines it will participate in actions taking place in floodplains and wetlands, it must inform those who may be put at greater or continued risk.

In October 2012, Hurricane Sandy made landfall, greatly impacting the east side of Manhattan between East 42nd Street and theBrooklyn Bridge and highlighting existing deficiencies in the City’s ability to adequately protect vulnerable populations and critical infrastructure during major storm events. Hurricane Sandy, a presidentially declared disaster, caused extensive inland flooding, resulting in significant damages to residential and commercial property, transportation, power, parklands including East River Park, and water and sewer infrastructure, which in turn affected medical and other critical services. To address the vulnerability of this area, the City is proposing to install and operate a flood protection system, along a portion of the east side of Manhattan between Montgomery Street and East 25th Street as part of the East Side Coastal Resiliency (ESCR) Project. This flood protection system would be primarily integrated to City parkland and streets while reducing coastal flood hazards and protecting a diverse and vulnerable residential population and safeguarding critical housing, energy, infrastructure, recreational, natural and transportation systems. It is also an objective of the proposed project to enhance access to waterfront parkland, including East River Park and Stuyvesant Cove Park. An early floodplain notice for the ESCR Project was previously published on February 5, 2016 and public comments wereaccepted through February 22, 2016.

Since the publication of the original notice, the design of the proposed project has advanced, and the City has identified a project alternative, which has been selected as the City’s Preferred Alternative. This Preferred Alternative proposes to situate the line of flood protection in East River Park, thereby protecting both the community and the park from design storm events as well as increasedtidal inundation resulting from sea level rise. The Preferred Alternative would raise East River Park between the amphitheater and East 13th Street by approximately eight-feet and install the floodwall below-grade to meet the design flood elevation criteria. This plan would reduce the length of wall between the community and the waterfront to provide for enhanced neighborhood connectivity and integration. In addition to the Delancey Street and East 10th Street Bridges, the Corlears Hook Bridge would be reconstructed to be universally accessible under the modified design. The park’s underground water and sewer infrastructure, bulkhead and esplanade, and additional existing park structures and recreational features, including the amphitheater, track facility, and tennis house, would also be reconstructed. Relocation of two existing embayments along the East River Park esplanade is also proposed under this plan to allow for siting of active recreation fields within the park. In addition, a shared-use flyover bridge would be built cantilevered over the northbound FDR Drive to address the narrowed pathway near the Con Edison facility between East 13th and East 15th Streets, thus providing a more accessible connection between East River Park and Captain Patrick J. Brown Walk. The design for the proposed project was conceptualized to be between Montgomery and Cherry Streets and between East 13th and East 23rd Streets. However, as design for this compartment advanced, the project area was extended north to East 25th Street and included the historic Asser Levy Recreational Center. Assuming all approvals are issued, project construction is anticipated to commence in 2020.

The area that would be protected under the ESCR Project includes land within the Federal Emergency Management Agency (FEMA)-designated special flood hazard area (SFHA) for the 100-year flood event.

The East River is mapped as estuarine subtidal wetlands with an unconsolidated bottom (E1UBL) on United States Fish and Wildlife Service National Wetlands Inventory (NWI) maps. The project area also includes Littoral Zone tidal wetland regulated by the New York State Department of Environmental Conservation (NYSDEC) and wetlands that are regulated by the United States Army Corps of Engineers as Waters of the United States. In addition, there are three areas classified by NYSDEC as coastal shoals, bars, and mudflats tidal wetlands—located where Pier 42 meets East River Park, at the southern extent of Stuyvesant Cove Park, and approximately at the middle of Stuyvesant Cove Park.

All interested persons, groups, and agencies are invited to submit written comments regarding the proposed use of federal funds to support the construction of the proposed project in a floodplain and / or wetland. The City is interested in alternatives and public perceptions of possible adverse impacts that could result from the project as well as potential mitigation measures. Maps of the proposed project area, schematic design plans, and maps of the proposed location of activities within a 100-year floodplain and wetland are available at: https://www1.nyc.gov/site/cdbgdr/documents/environmental-records.page

Written comments should be sent to OMB at 255 Greenwich Street, 8th Floor, New York, New York 10007, Attention: Calvin Johnson, Assistant Director CDBG-DR or via email at [email protected]. The minimum 15 calendar day comment period will begin the day after publication and end on the 16th day after publication. Such comments should be received by OMB on or before March 11, 2019.

City of New York: Bill de Blasio, MayorCity of New York, Office of Management and Budget, Melanie Hartzog, DirectorDate: February 22, 2019

Lawyers for El Chapo Concerned by Juror Misconduct Claims

By Jim Mustian And Michael R. SisakThe Associated Press

El Chapo’s lawyers raised concerns of potential juror misconduct and were review-ing their options Wednesday after a member of the jury at the Mexican drug lord’s trial told a news website that sever-al jurors looked at media cov-erage of the case.

The juror told VICE News that at least five members of the jury at Joaquin Guzman’s trial followed news reports and Twitter feeds about the case, against a judge’s orders, and were aware of potentially prejudicial material that jurors weren’t supposed to see.

Guzman, 61, was convict-ed Feb. 12 on drug and con-spiracy charges that could put him behind bars for the rest of his life. Jurors deliberated for six days after three months of testimony. He is set to be sen-tenced in June.

Guzman’s lawyer, Eduar-do Balarezo, said the issues of potential juror misconduct raised in the VICE article “are deeply concerning and dis-tressing.”

“The juror’s allegations of the jury’s repeated and wide-spread disregard and contempt for the Court’s instructions, if true, make it clear that Joa-quin did not get a fair trial,”

Balarezo said in a statement. “We will review all available options before deciding on a course of action.”

The U.S. Attorney’s Office in Brooklyn declined to com-ment.

Members of the non-se-questered jury, whose names were never released, were warned repeatedly not to look at news coverage of the case, including “anything on TV, radio, newspaper, websites, blogs or social media.”

Legal experts say that while it’s too early to talk about potentially throwing out the verdict, this could at least lead the defense to ask for a chance to question jurors about their exposure to news coverage and whether it affect-ed their decisions. And it starts with the juror who spoke out to VICE.

“This person has got to come in and answer some questions,” said former feder-al prosecutor David S. Wein-stein.

University of Dayton law professor Thaddeus Hoffmeis-ter said Guzman’s lawyers will have to demonstrate not only that there was juror mis-conduct but that it had a prej-udicial impact. “The challenge now becomes for the court to determine whether this some-how influenced their decision making.”

VICE reported that the ju-ror requested anonymity and would not provide a name to the reporter. But the jury spoke to the reporter via video chat for two hours, and the report-er said he recognized the juror from the trial.

The juror told VICE at least five jurors involved in deliberations and two alter-nates heard about allegations that Guzman drugged and raped underage girls, even though that evidence was kept out of the trial because it was seen as prejudicial.

The allegations, made public on the eve of delibera-tions, appeared in news cover-age and tweets about the case. The juror said the revelations didn’t seem to factor into Guz-man’s guilty verdict, VICE re-ported.

“That didn’t change no-body’s mind for sure,” the ju-ror said, according to VICE. “We weren’t really hung up on that. It was just like a five-min-ute talk and that’s it, no more talking about that.”

Asked why the judge wasn’t told about jurors look-ing at news reports, the ju-ror told VICE: “I thought we would get arrested. I thought they would hold me in con-tempt... I didn’t want to say anything or rat out my fellow jurors. I didn’t want to be that person. I kept it to myself.”

In this Feb. 4 courtroom sketch, Judge Brian Cogan (upper right) gives instructions to ju-rors in the trial of Joaquin “El Chapo” Guzman in New York. On Wednesday, El Chapo’s lawyers raised concerns of potential juror misconduct and said they were reviewing “all available options” after a juror at the notorious Mexican drug lord’s trial told a news website that several jurors looked at media coverage of the case against a judge’s orders. Elizabeth Williams via AP