NYC 9/11 Public Portal Document
• Restoration of damaged and destroyed utilities, including sanitary and
storm sewers, electrical power and natural gas distribution systems, and
telephone lines
The existence of a delineated floodplain at the WTC site does not impact emergency
measures or debris removal operations and will not prevent reimbursement of funds
expended under these operations. Future development and construction within the
delineated flood hazard area will require compliance with Federal, State and local
regulations, which includes Executive Order 11988, Floodplain Management, Executive
Order 11990, Protection of Wetlands, as well as other related environmental issues.
Environmental Impacts
New buildings and facilities would be constructed in compliance with the Building Code
of the City ofNew York, Local Law No. 76, dated December 6,1968 (amended June 1
1993). Portions of the Code address flood damage protection. The restoration and
redevelopment of the WTC area would not be a significant new encroachment and would
not result in increases of flood levels in the surrounding areas. The design of all
proposed facilities would meet the applicable floodplain management criteria for state
projects in flood hazard areas in accordance with 6 NYCRR Part 502. Since this is the
case, no significant direct impacts to floodplains are anticipated.
3.1.3.2 WETLANDS AND WETLAND PROTECTION EO 11990
In general terms, wetlands are lands that are at least periodically saturated with or
covered by water. They are transitional lands between terrestrial and aquatic systems
where the water table is usually at or near the surface or the land is covered by shallow
water. There are two fundamental wetland types: tidal and freshwatdr. Freshwater
wetlands have no saline inputs, whereas tidal wetlands are regularly sClbmerged by a salt
water body.
Wetlands in New York State are regulated both by the U.S. Army Corps of Engineers
(USACE) and the New York State Department of Environmental Conservation (DEC).
The USACE regulates wetlands pursuant to Section 404 of the Clean Water Act of 1977
(33 CFR Part 230) and Section 10 of the Rivers and Harbors Act of 1899 {Figure 3-6).
The New York State DEC regulates freshwater wetlands that are 12.4 acres or larger, or,
if freshwater wetlands have unusual local importance, under their permit authority
described by the Freshwater Wetlands Act of 1975 (6 New York Codes, Rules, and
Regulations [NYCRR] Part 663). NYSDEC also regulates a protective buffer zone
around the freshwater wetland, called the adjacent area. The regulated adjacent area is
100 feet from the wetland boundary. State freshwater wetlands are depicted on U.S.
Geological Survey (USGS) quadrangle base maps. Tidal wetlands are regulated in New
York under the state’s Tidal Wetlands Act of 1977 (6 NYCRR Part 661). In addition to
tidal wetland resources, within the NYC limits, NYSDEC regulates a protective adjacent
area, which extends 150 feet from the regulated wetland boundary. As defined by 6
NYCRR Part 661.4(b)(l)(ii), if there is functional and substantial fabricated structure that
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