March 29,21 by Alrborne EXPRESS Chief, Site Control
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Michael A. WllcKen Assistant General Counsel Consolidated Edison Company of New York 4 Irving Place, New York, NY 10003 Telephone (212) 460-324 1 Fax: (212) 260-8627 March 29,21 BY AlRBORNE EXPRESS Chief, Site Control Section New York State Department of Environmental Conservation Division of Environmental Remediation 625 Broadway Albany, NY 12233-7020 Re: BCP Application for Portion of the Former West 42ndStreet MGP Site in New York County, NY (DEC Site No .VOO53 1) Dear Sir or Madam: Enclosed for filing with the Department are an original and two copies of a Brownfield Cleanup Program ("BCP") application by Consolidated Edison Company of New York, Inc ("Con Edison") for the properties designated as Block 1089/Lots 1 and 3 on the Tax Map of the City of New York, New York County. These two tax lots comprise a portion of the grounds of the former West 42ndGas Works - one of 45 historic manufactured gas plants and manufactured gas storage holder locations presently covered by Voluntary Cleanup Agreement Index No.D2- 0003-02-08 ("VCA") between the Department and Con Edison. Please be advised that BCP applications are also being filed for these two tax lots by their present owners, River Place I LLC (Block 10891Lot 1) and River Place I1 LLC (Block 1089lLot 3). Con Edison and River Place I LLC wish to enter into a joint Brownfield Cleanup Agreement ("BCA") with the Department for Tax Lot I. Con Edison and River Place I1 LLC wish to enter into a joint BCA with the Department for Tax Lot 3. Assuming that the Department accepts Con Edison into the BCP and allows it to enter into such BCA's, Con Edison would request the Department to terminate the VCA solely with respect to these two tax lots. Please call me if you have any questions concerning this matter. Very truly yours, cc: with enclosures /' Daniel Walsh - DEC Region 2 Special Search No.: SS020418A DEED CHAINS FOR WEST 42ND STREET WORKS B. Deeds 1 through 10 same as Block 1089 Lot 1 above, then: 11. Grantor: Silverstein 42nd Associates, L.P. Grantee: River Place TI LLC Deed dated 6/14/1999 and recorded on 7/8/1999 in Reel 2909 Page 1057. No further deeds found through Mach 25,2002. Date Printed Apnl22,2002 EROWVFIELD CLEMWF PROGRARtI (BCP) APPLICATION ECL ARTICLE 27 / fE 14 I NAME Consolidated Edison Company of New York, Inc. ADDRESS 4 IRVINGPLACE CITY/TOWN NEWYORK ZIP CODE 10003 PHONE (212) 460-1293 FAX (212) 677-2050 E-MAIL [email protected] CITY/TOWN ASTORIA ZIP CODE 1 110.5 PHONE (71 8) 204-4262 FAX (71 8) 932-2687 E-MAIL [email protected] THE APPLICANT MUST CERTIFY THAT IT IS EITHER A PARTICIPANT OR VOLUNTEER INACCORDANCE WITH ECL 8 27-1 405 (1) BY CHECKING ONE OF THE BOXES BELOW: IXI PARTICIPANT VOLUNTEER An applicant who either 1) was the owner of the site at the time of the An applicant other than a participant, including an applicant whose dispdsd of hazardous waste or discharge of petroleum or 2) is otherwise liability arises solely as a result of ownership, operation or involvement a person responsible for the contamination, unless the liability arises with the site subsequent to the disposal of hazardous waste or discharge solely as a result of ownership, operation of, or involvement with the site of petroleum. subsequent to the disposal of hazardous waste or discharge of petroleum. NOTE: By checking this box, the applicant certifies that helshe has exercised appropriate care with respect to the hazardous waste found at I the facility by taking reasonable steps to: i) stop any continuing discharge; ii) prevent any threatened future release, and iii) prevent or limit human, environmental, or natural resource exposure to any previously released hazardous waste. Applicant Relationship to Property (check one): [XI~reviousOwner Current Owner PotentiaVFuture Purchaser 0other OWNER'S NAME (if different from applicant) RIVERPLACE I LLC (TAXLOT 1 PORTION OF SITE)/ RIVER PLACE11 LLC (TAX LOT3 PORTION OF SITE) ADDRESS 530 FIFTHAVENUE CITY/TOWN NEWYORK ZIP CODE 10036 PHONE (212) 55 1-2350 FAX (212) 302-6825 E-MAIL [email protected] OPERATOR'S NAME (if different from applicant) RIVERPLACE I LLC (TAXLOT 1 PORTION OF SITE)/ RIVERPLACE 11 LLC (TAXLOT 3 PORTION OF SITE) ADDRESS 530 F~HAVENUE CITY/TOWNNEW YORK ZIP CODE 10036 PHONE (212) 551-2350 FAX (21 2) 302-6825 E-MAIL [email protected] Page 1 of 4 SITE NAME FORMERWEST 42ND STREET GAS WORKS SITE SITE ADDRESS 533-543 1 lTHAVENUE AND 640 WEST 42hDSTREET CITY/TOWN NEWYoRK ZIP CODE 10036 ( SITE SIZE (ACRES) &PROXIMATELY 3.623 ACRES I PLEASE ATTACH A COUNTY TAX MAP WITH IDENTIFIER NUMBERS, ALONG WITH ANY FIGURES NEEDED TO SHOW THE LOCATION AND BOUNDARIES OF THE SITE. ALSO INCLUDE A USGS 7.5 MLNUTE QUAD MAP IN WHICHTHE SITE IS LOCATED: 1. DO THE SITE BOLJADARIES CORRESPOND TO TAX MAP METES AND BOUNDS? (SEEATTACHMENTS A-C) 17 YES (XI NO IF NO, PLEASE ATTACH A METES AND BOUNDS DESCRIPTION OF THE SITE. 2. IS TEE SITE PART OF A DESIGNATED BROWNFIELD OPPORTUNIW AREA PURSUANT 0YES (XI NO TO ~~~970-R?IF YES, IDENTIFY AREA (NAME) 3. IS THE SITE PART OF A DESIGNATED EN-Zone PURSUANT TO TL 6 21 (n)(6) IX1 YES NO 2 IS THE APPLICANT SUBJECT TO AN OUTSTANDING CLAIM BY THE SPILL FUND FOR THIS SITE? 3 HASTHE APPLICANT VIOLATED ANY PROVISION OF ECL ARTICLE 27? 4. HAS THE APPLICANT BEEN PREVIOUSLY DENIED ENTRY TO THE BCP? 5. HAS THE APPLICANT COMMITTED A NEGLIGENT OR INTENTIONALLY TORTIOUS ACT REGARDING HAZARDOUS WASTE OR PETROLEUM? 6. HAS THE APPLICANT BEEN CONVICTED OF A CRIMINAL OFFENSE THAT INVOLVES A VIOLENT FELONY, FRAUD, IX1 YES ONO BRIBERY, PERJURY, THEFT, OR OFFINSE AGAINSTG PUBLIC ADMINISTR4TION? 7. HAS THE APPLICANT KNOWINGLY FALSIFIED STATEMENTS OR CONCEALED MATERIAL YES [XI NO FACTS IN A MATTER RELATED TO THE DEPARTMENT? 8. HAS THE APPLICAW, BASED ON THE PROVISIONS OF ECL ARTICLE 27-1407 (OR A SIMILAR PROVISION OF FEDERAL [XIms NO OR STATE LAW), COMMITED AN ACT OR FAILED TO ACT, AND SUCH ACT OR FAILURE TO ACT COULD BE THE 1. DOES THE SITE MEET THE DEFINITION OF A BROWhTIELD SITE (REAL PROPERTY, THE REDEVELOPMENT OR YES u NO REUSE OF WHICH MAY BE COMPLICATED BY THE PRESENCE OR POTENTIAL PRESENCE OF A HAZARDOUS WASTE, PETROLEUM, POLL~ANT,OR CONTAMINANT)? 2. IS THE SITE LISTED ON THE NATIONAL PRIORITIES LIST? [7 YES [XI NO 3. IS THS SITE LISTED ON THE NYS REGISTRY OF INACTIVE HAZARDOUS WASTE DISPOSAL SITES? 17 YES NO IF YES, PLEASE PROVIDE: SITE # CLASS # 4. IS THE SITE SUBJECT TO A PERMIT UNDER ECL ARTICLE 27, TITLE 9, OTHER THAN AN INTERIM 17 YES NO STATUS FACILIW? 5. IS THE SITE SUBJECT TO A CLEANUP ORDER UNDER NAVIGATION LAW ARTICLE 12 OR ECL ARTICLE 17 YES [XI NO TITLE 1 o? YES rn NO --.--A>. ----'.A. PLEASE ATTACH A DESCRIPTION OF THEPROJECT WHICH INCLUES THE FOLLOWING COMPONENTS: PURPOSE ~h?)SCOPE OF TWE PROJECT (SEEAITACHMENT D) ESTIMATED PROJECT SCHEDULE TO THE EXTENT THAT EXISTING INFORMATION/STUDIES/REPORTSARE AVAILABLE TO THE APPLICANT, PLEASE ATTACH THE FOLLOWING: 1. ENVIRONMENTAL DATA A PHASE 1 ENVIRONMENTAL SITE ASSESSMENT REPORT PREPARED IN ACCOORDANCE WITH ASTME 1527 (American Society for Testing and Material: Standard Practice for Environment Site Assessment: Phase I Environmental Site Assessment Process). AND ALL ENVIRONMENTAL REPORTS RELATED TO CONTAMINANTS ON OR EMANATING FROM THE SITE. IF A FINAL INVESTIGATION REPORT IS INCLUDED, INDICATE WHETEHR IT MEETS THE REQUIREMENTS OF ECL ARTICLE 27-1 4 15(2): OYES NO (SEEATTACHMENT E) 2. OWNERS (SEEATTACHMENT F) A LIST OF PREVIOUS OWNERS WITH NAMES, LAST KNOWN ADDRESSES AND TELEPHONE NUMBERS (DESCRIBE APPLICANT'S RELATIONSHIP, IF ANY, TO EACH PREVIOUS OWNER LISTED, IF NO RELATIONSHIP, PUT "NONE") 3. OPERATORS (SEEATTACHMENT F) A LIST OF PREVIOUS OPERATORS WlTH NAMES, LAST KNOWN ADDRESSES AND TELEPHONE NUMBER (DESCRIBE APPLICANT'S RELATIONSHIP, IF ANY, TO EACH PREVIOUIS OPERATOR LISTED. IF NO RELATIONSHIP, PUT "NONE"). PLEASE ATTACH AT A MINIMUM, THE NAMES AND ADDRESSES OF THE FOLLOWING: (SEEATTACHMENT G ) 1 THE CHIEF EXECUTIVE OFFICER AND ZONING BOARD CHAIRPERSON OF EACH COUNTY, CITY, TOWN AND VILLAGE IN WHICH THE SITE IS LOCATED. 2 RESIDENTS, OWNERS, AND OCCUPATS OF THE SITE AND PROPERTIES ADJACENT TO THE SITE. 3 LOCAL NEWS MEDIA FROM WHICH THE COMMUNITY TYPICALLY OBTAINS INFORMATION. 4 THE PUBLIC WATER SUPPLIER WHICH SERVICES THE AREA IN WHICH THE STIE IS LOCATED. 5 ANY PERSON WHO HAS REQUESTRED TO BE PLACED ON THE STIE CONTACT LIST. 6 THE ADMINISTRATOR OF ANY SCHOOL OR DAY CARE FACILITY LOCATED ON OR NEAR THE SITE. 7 THE LOCATION OF A DOCUMENT REPOSITORY FOR THE PROJECT (E.G., LOCAL LIBRARY). INDICATE KNOWN OR SUSPECTED COMTAMINANTS AND THE MEDIA WHICH ARE KNOWN OR SUSPECTED TO HAVE BEEN EFFECTED: Contaminant Category Soil Groundwater Surface Water Sediment Soil Gas Petroleum Chlorinated Solvents Other VOCs X X svocs X X L Metals X X Pesticides I I I I I Others* X I CuXTeIIt Use: IX( Residential (XI Commercial Industrial 0Other I I Future Use: Residential (XI Commercial Industrial Other I Please check the appropriate boxes and provide an explanation as an attachment if appropriate Yes No Unknown 1. DOcurrent historical andlor recent development patterns support the proposed use? 1 0 2. IS the proposed use consistent with applicable zoning lawdmaps? IN Page 3 of 4 -- I 3. Is the proposed use ~onsistentwith applicable brownfield opportunity area designations? (See GML 970-r) 10 0 €4 4. Is the proposed use consistent with applicable comprehensive community master plans, local waterfront €4 00 revitalization plans, other adopted land use plans? 5.