Pacific Park development, llc th December 9 , 2019 To: Rachel Shatz cc: Katiana Anglade-Ogwueleka; Annette Scotto From: Scott Solish Re: Pacific Park Brooklyn - Construction Activities and Environmental Commitments The purpose of this memorandum is to update and outline the scope of construction work (the “Work”) that has taken place and is expected to take place in connection with the Pacific Park Brooklyn project over the course of the next six-month period of January 1st, 2020 to June 30th, 2020 (the “Work Period”) and the Project’s compliance with the terms of the Second Amended Memorandum of Environmental Commitments dated June 2014 (the “Environmental Memo”) prepared for the Project. The scope of activities expected to occur within the Work Period are the following: LIRR Rail Yard (Block 1120 and 1121) - Stage 3 and 4 Permanent Yard Construction Work commenced in July 2014. The following construction work will be performed during this reporting period: • Punch list of the new Yard • Completion and commissioning of the new LIRR Access Elevator/Stair Tower (corner of Carlton Avenue & Pacific Street) • Completion and commissioning of the new LIRR Terminal Breaker House • Installation of new 6th Avenue Ramp Roll-up Gate • Installation of new yard lighting system • Installation of Yard Toilet Manifold System (TMSC) In support of the above, the following general construction work will be performed: • Continuation of foundation footing construction (rebar, formwork, concrete) • Continuation of duct bank installations in Blocks 1120 and 1121 • Continuation of cable pulling in Blocks 1120 and 1121 Manpower Projections: The Yard work will involve approximately 20-30 craft workers during this reporting period. Equipment will include, compressors, rebar fabrication/bending machines, front end loaders(s), excavators, cranes, man-lifts, dump trucks, concrete trucks, concrete pumper, flatbed utility trucks, cable pulling trucks, track installation and tampering equipment. It is expected that the Yard work will achieve final completion during this reporting period. Block 1129 B12&B13: Excavation and foundation work is expected to start in the first quarter of 2020. The site fence will be set up per DOT approved MPT plans (pending) and excavation / trucking operations will commence in conjunction with SOE work including piles (i.e. soldiers and lagging). Soil will be loaded into trucks for transportation to an approved soil disposal facility. Equipment will include: excavators, back-hoes, front end loaders, dump trucks, and pile driving rigs, tie back rigs, etc. Workforce on the B12/ B13 site during this reporting period is expected to be an average of 25- 50 workers. Construction activities at these project sites will continue throughout this reporting period. Appropriate noise and dust mitigation measures will be in place for all activities. B11/B14 There will be fit out work in the retail spaces at 535 Carlton and 550 Vanderbilt. Block 1120 The B6 and B7 sites (formerly the Bump Buildings) will be used for equipment and construction staging during this reporting period. B15 Project Site (Block 1128) Construction activities at this project site will be ongoing during this reporting period. Work commenced in the 1st quarter of 2019 and ongoing work for this reporting period will include the completion of excavation and foundation, commencement superstructure concrete, MEP work and facade installation and related operations. The site fence will be set up as per the DOT approved MPT plans. Workforce on the B15 site during this reporting period is expected to be an average of 50 workers. Equipment will include: concrete and material delivery trucks, crane and hoist, lifts. Block 1118 B4 Project Site Construction activities at this site commenced during the 2nd quarter of 2019. Work during this reporting period will include superstructure concrete, MEP work and curtain wall installation and related operations. The site fence will be set up as per the DOT approved MPT plans. It is expected that there will be an average of 50 workers. Equipment will include: concrete and material delivery trucks, crane and hoist, and lifts. B3 There may be retail fit out work at 38 Sixth Avenue during this reporting period. In general, all work on the Pacific Park Brooklyn project site will be done during daytime hours pursuant to approved NYC DOB and DOT permits. If off hours work is required, proper permits will be obtained and advance notification will be given to the community. Work will be performed in accordance with mitigation measures outlined in the Memorandum of Environmental Commitments, including the use of additional pathway noise controls for noisier pieces of equipment, where practicable and feasible. Application of Environmental Commitments to the Work Environmental Measures set forth in the Second Amended Memorandum of Environmental Commitments addressed as follows: a) Socioeconomics – Not Applicable to the Work. b) Community Facilities • Police Parking – completed. • School – Under construction at the B15 site • Day Care – Not Applicable to Work. 2 c) Open Space and Recreational Facilities – Not Applicable to Work. d) Shadows – Not Applicable to Work. e) Hazardous Materials - All Hazardous Materials requirements, including compliance with the Remedial Action Plan and Construction Health and Safety Plan, are and will continue to be adhered to for work undertaken by GFCP or under the direction of GFCP. f) Storm water and Sewage Minimization Plans – upon completion: • • • • • • The B2 Tower plans include holding tanks with the required capacity of approximately 10,700 gallons. The B11 Tower plans include holding tanks with a capacity of approximately 34,026 gallons. The B14 Tower plans include holding tanks with a capacity of approximately 37,899 gallons. The B12 and B13 have the following storm water detention tank capacities: - Approximately 32,077 gallons for B12 - Approximately 20,968 gallons for B13 - Approximately 34,860 gallons for the Plaza - Approximately 109,000 gallons for the future sites north of Pacific Street The B15 Tower plans include holding tanks with a capacity of approximately 15,823 gallons. The Barclay Arena Storm water Management system includes a storm water detention tank which has a total available capacity of 58,087 ft3. The existing tank is designed to collect the runoff from the Barclays Arena property, the B3 Residential Building Property and the B4 Residential Building Property. The required total detention tank volume to accommodate these three buildings is 22,339 ft3. g) Sustainable Design and Minimization of Air Emissions: • • • LEED criteria with respect to construction waste management and pollution prevention have been incorporated into construction contracts. GFCP and all project developers are pursuing local and regional procurement for construction materials where feasible. Remainder of commitments- Not applicable to Work. h) Physical Roadway and Transit Improvements – Not applicable to Work. i) Demand Management – Operational measure; not applicable to Work. j) Pedestrian Improvements -- Not applicable to this work k) Construction 1. Construction commitment requirements have been or will be included in the specifications for the LIRR/VD Yard, B4, B12, B13 and B15 building contracts let to date and will be included in future contracts. 2. Traffic 3 MPT plans covering the LIRR/VD work (Stages 3 + 4) have been reviewed by OCMC/NYCDOT and will continue to be implemented in accordance with OCMC/NYCDOT approvals and requirements. MPT plans covering the B15 Project have been reviewed by OCMC/NYDOT and will be implemented in accordance with the agency’s approvals and requirements. MPT plans covering the B4 Project have been reviewed by OCMC/NYDOT and will be implemented in accordance with the agency’s approvals and requirements. MPT plans covering the B12 Project will be reviewed by OCMC/NYDOT and will be implemented in accordance with the agency’s approvals and requirements. MPT plans covering the B13 Project will be reviewed by OCMC/NYDOT and will be implemented in accordance with the agency’s approvals and requirements. a) Some of the roadway modification, traffic installations and operational improvements detailed in pages 19-78 and 19-79 of the FEIS have been implemented. No additional improvements are required with the Work currently underway and remaining mitigation measures are not planned for implementation at this time. b) The contractors for the all active construction activities and work will provide flaggers as required (i.e. to ensure pedestrian safety when trucks enter and exit from the site). In addition, Security Guards may be provided at east and west entrances to the Pacific Street Queue. Site management requirements regarding curbside deliveries, staging areas, and scheduled truck deliveries will be complied with as part of site management activities. Staging for the B15 Tower work will take place behind the MPT installation along the site perimeter at the intersection of 6th Avenue and Dean Street, along the east side of 6th Avenue. Staging for the B4 Tower work will take place behind the MPT installation along the site perimeter at the intersection of 6th Avenue and Atlantic Avenue. Staging for the B12 Tower work will take place behind the MPT installation along the site perimeter. Staging for the B13 Tower work will take place behind the MPT installation along the site perimeter. All deliveries for B12 and B13 will take place from Pacific Street. To the extent feasible, Pacific Street (within B1129) will be used as a truck staging/queuing area. c) Sufficient parking continues to be available at the Atlantic Center parking garage and B14 and B3 garages for construction workers. 4 d) The level of traffic associated with the Work will not require any additional changes to the roadway network beyond what has already been put in place as mandated by the FEIS. 3. Noise a) The Work will comply with the measures set forth in Exhibit A as its construction noise mitigation plan. b) The Work has the potential to result in long term increases in noise levels in the area, in proximity to receptors 1A,2A,3A,3B, 4B, 4C, 4A,5A,5C, 6B,6C,7B, 7C, 8B, 8D, 9B,9C,9D, 32D, 33A, 33B, 33C, 33D, 34A, , 35B, 38C, 38D, 38A, 49B, 48A, 48B, 39A, 40A, 41A,42A, 43A, 44C, 44D, 44A, 57A, 57B, 57C, 50C, 50B, 55D, 55C, 61B, 60A, 82D, 82C, 82B, 91B, 90C, 89A, 89C, 89B, 90A, 91A, 94C, 93C, 92A, 92C, 95C, 95B, and 95A, identified in the FSEIS. The mitigation requires the installation of double paned or storm windows and air conditioners in the areas identified in the FEIS as having the potential to experience long term construction-related noise impacts where permitted by the owners of the buildings. FCRC has implemented a program of mitigation measures and will continue to make available during the Work Period. Flyers were distributed to eligible properties along: i. Carlton Avenue (north of Atlantic Avenue), Cumberland Street and So. Oxford Street in anticipation of the demolition work along Atlantic Avenue, and ii. Dean Street (between 6th and Flatbush Avenues), 6th Avenue (between Dean and Bergen Streets), Dean Street (between 6th and Carlton Avenues to the homes closest to the site) in anticipation of the commencement of demolition and construction work at the B15 site. Additionally, a stack of flyers were delivered to the Newswalk property at 700 Pacific Street. Flyers will be distributed to eligible properties along: i. Dean street (between Carlton Avenue and Vanderbilt Avenue), Carlton Avenue (south of Atlantic Avenue), Vanderbilt Avenue (south of Atlantic Avenue) in anticipation of the commencement of construction work at B12 and B13 site. c) Temple of Restoration/Swedish Baptist Church accepted a monetary payment from FCRC to provide noise mitigation measures. The mitigation measures for the library are associated with the construction of Site 5 and are not applicable to the Work. d) Construction of the comfort station at the Dean Street Playground has been completed and the control and operation of the comfort station have been transferred to the New York City Parks Department. 4. Air Quality Required dust suppression requirements have been or will be included in the specifications/scope of work requirements for the LIRR/VD Yard, B4, B12, B13 and B15 Tower and demolition contracts let to date and will be included in future contracts. Provision of grid power is not required for the LIRR/VD Yard and 5 West Portal work, has been installed and is operational at the B2, B3, B14 and B11 Tower site. a) The other air emission requirements set forth in Section N.9.f ((limitation of idling), N.9.g, (use of ultra-low sulfur diesel fuel), N.9.h-N.4.m (latest available tailpipe emission reduction technology), and N.4.n (location of stationary engines) are included in the contractor’s contracts as scope of work requirements. b) The CAQM Plan is required when intensive construction work begins on the project. The CAQM Plan was initially accepted by ESD on December 16, 2008. An elaborated CAQM Plan responding to further discussions between ESDC and FCRC was accepted by ESD on April 9, 2010. The CAQM, dated November, 2016, is the most recent version and is currently in place 5. Rodent Control – A rodent control program has been and continues to be implemented at the LIRR VD/Yard and B15 site and B4 site. A rodent control program will be implemented at the B12 and B13 site. On Site Environmental Monitor (OEM) Staffing During the Work Period, OEM responsibilities and staffing will continue to be managed by Remedial Engineering (“Remedial”). The number of actual onsite staff will vary depending on how much work is occurring onsite. It is anticipated that there will be sufficient monitoring engineer onsite during the new construction activities in 2020 to cover the Yard, B4, B12, B13 and B15. According to onsite engineer, there’s currently one ME working with over time to cover the sites mentioned above. The main duties of the onsite monitoring engineers include: daily walkthrough around the site making sure contractors are compliant with the MEC; document site observations by completing OEM-based checklists for each project site; performing community air monitoring for any project that has the potential to generate dust; perform equipment inspections to confirm compliance with the MEC; perform weekly SWPPP inspections; ensure contractor compliance with project-specific rodent control requirements; and document, track and address incidences of non-compliance. The OEM holds bi-weekly calls with the construction team and ESD/HDR during which MEC compliance is discussed. The level of staffing may increase from this initial level if such is warranted by the amount of construction activity taking place at the project Site. The Project Manager/ Project Principal (Omar Ramotar) ensures that the site mitigation engineers are performing their duties in strict compliance with the MEC; discuss contractor compliance with MEC; and maintain MEC project database. Mr. Ramotar is also responsible for the overall performance of the work in accordance with the MEC and conducts weekly OEM meetings. 6 Exhibit A CONSTRUCTION NOISE MITIGATION PLAN 1. Use of equipment that meets the Noise Code sound level standards specified in the Noise Code; 2. Use of construction equipment that meets the noise emission levels specified in Table 17c-3 of the FEIS, “Construction Equipment Noise Emission Levels,” where such levels are more stringent than those imposed by the Noise Code; 3. In accordance with the Noise Code or Table 3J-J of the FSEIS, compliance with the “Construction Equipment Noise Emission Measurement Protocol”; 4. Scheduling work that would generate high noise levels during weekday daytime hours to extent feasible, rather than during weekday nighttime or weekend hours, unless required as a result of safety or other agency requirements; 5. To the extent feasible, scheduling equipment and material deliveries during weekday daytime hours, rather than during weekday nighttime or weekend hours; 6. Where practicable and feasible, configuring sites to minimize back –up alarm noise. Where partible and feasible, using sound-mitigated back up alarms such as backup alarms that lower back up alarm noise in response to more quiet ambient conditions or backup alarms that use white noise or other mitigating technologies for trucks and equipment expected to operate at or make deliveries to the Project site during any phase of extended night-time work or night time module deliveries (in the case of Tower B2); 7. As early as practicable in the construction period and wherever feasible, using electrical-powered equipment, rather than diesel-powered equipment for construction activities; 8. Situating noisier equipment, such as generators, cranes, tractor trailers, concrete pumps, concrete trucks and dump trucks at locations that are removed from sensitive receptor locations and are shielded from sensitive receptor locations wherever feasible. 9. A minimum 8 foot perimeter barrier (constructed of 3/4” thick plywood), with a 16 foot high barrier (of ¾” tick plywood) adjacent to sensitive location where’re practicable and feasible, and, where practicable, truck deliveries shall take place behind these barriers. Noisy delivery trucks, such as concrete trucks, are to be operated behind the barriers; 10. Where practicable, use of quiet construction procedures and equipment, including, where practicable, the use of a bed liner made of thick rubber, spray-on liner, plywood, sand or gravel on dump trucks to mitigate the noise of the first load being dropped in to a dump truck; 11. Requiring all contractors and subcontractors to properly maintain their equipment and have quality mufflers installed; and 12. Where practicable, noise curtains and equipment enclosures shall be utilized to provide shielding from significant noise-generating equipment to sensitive receptor locations. 7