Cuomo the fisherman allows dumping in Jamaica Bay

Yes, folks instedda workin, Gov Cuomo decided to veto legislation that would have protected Jamaica Bay from dumping because...drumroll...he wants DEC to be able to dump in it.

Last year, State Senator Joe Addabbo and Assembly Member Stacy Pheffer-Amato passed legislation to extend sunsetting environmental protections in place for the Bay:

In his veto statement, Cuomo said the legislation would change the criteria for fill Jamaica Bay borrow pits to comply with the federal criteria for the unrestricted ocean dumping of dredged material, which is not applicable to Jamaica Bay.

Under this bill, the Department of Conservation would be required to utilize more restrictive, and costly federal ocean dumping criteria to test the materials instead of DEC’s existing standard, and further, the legislation would make this enhanced standard permanent, Cuomo continued.

“The increased costs and time associated with the bill’s required fill standards will impact the availability of applicants with high-quality material for use as fill, which is critical for the restoration of these pits. This bill would make the procurement of this material, and in turn, the achievement of revitalization goals for Jamaica Bay extremely challenging, if not halt restoration altogether.”

Translation: We have to further contaminate the Bay in order to save it.

The bill was reintroduced and passed again, but the outcome was the same.

GOVERNOR CUOMO VETOES JAMAICA BAY PROTECTION BILL ! Looks like Governor Cuomo has vetoed the Jamaica Bay Protection...

Posted by Jamaica Bay Ecowatchers on Friday, November 27, 2020

This session, if the bill is passed again, it will likely survive Andrew "follow the science" Cuomo as there is now a veto-proof majority in the Senate.

Ridgewood junkyard proposed as site of Queens ACC

A bulletin from the DEC revealed that 151 Woodward Ave, near Flushing Ave in Ridgewood, is proposed as the site for a full service animal shelter for the borough of Queens. All other boroughs either have a full service shelter or are in the process of building one. Queens was the last one to be addressed. There is a plan to site an intake center at the corner of 69th Street and Metropolitan Ave in Middle Village in the meantime, to replace the Rego Park drop off center.

Details about the cleanup are here.

There are several ways to comment on BCP applications. Comments can be submitted to the site Project Manager Sarah Quandt at NYSDEC, 625 Broadway, Albany, NY 12233-7016; via email at sarah.quandt@dec.ny.gov or by calling 518-402-9768. All comments must be submitted by March 1, 2019.

Waterpointe worked out?

From the Times Ledger:

After the Whitestone community raised concerns about soil contamination, elected officials and local leaders met with the state Department of Environmental Conservation and developers of the Whitestone Waterpointe project to discuss the future of the venture moving forward.

Last week, state Sen. Tony Avella (D-Bayside), Assemblyman Daniel Rosenthal (D-Flushing) and members of Community Board 7 and the Greater Whitestone Taxpayers Civic Association, were able to talk to DEC and developers from the Edgestone Group about key issues facing the 18-acre waterfront property, located at 151st Place and 6th Road.

Avella wrote a letter to DEC Commissioner Basil Seggos requesting a meeting with the commissioner to find out why DEC permitted Edgestone Group to modify the soil cover requirement from Track 2 Residential to Track 4 Restricted-Residential and why DEC allowed the change without first discussing it with elected officials, CB 7 or community members.

Last week’s meeting allowed for a dialogue and Avella said that while there are still a few items that remain to be concluded, he and Rosenthal were able to talk the developer into agreeing to bring in additional “unrestricted” or “virgin” soil so that homeowners will be able to grow vegetables in their garden. Avella said they were also able to have the developers agree that all monies placed in escrow to maintain the environmental monitoring system, which will require a yearly report, will remain with the homeowners association at the end of the original ten-year escrow agreement term.

For now Avella and Rosenthal said they will urge the developer to increase the monies to be held in escrow to ensure that the new homeowners will not be burdened by the expense of the environmental monitoring system. While the senator said he was pleased that the developer agreed to put in unrestricted soil, he is convinced that the current dollar amount planned for the escrow account is inadequate and will prove to be too little over time.

Public advocate offers to help file Whitepointe lawsuit

From the Queens Chronicle:

Whitestone residents upset with the controversial Waterpointe brownfield cleanup may have an influential new ally.

Public Advocate Letitia James said she would help in the potential launch of litigation over the situation at the We Love Whitestone Civic Association's meeting on Wednesday night.

"I'm prepared to seek and try to find a law firm that will represent you in your interests," she said. "This is totally unacceptable."

The Edgestone Group, which conducted the cleanup, plans on building 52 single-family homes at the property. The firm could not be reached for comment.

Many in the community are upset with the Department of Environmental Conversation over the project, because the agency agreed to let Edgestone pursue a different cleanup method than first planned. Rather than the Track 2 residential cleanup that was originally planned, the developer conducted a Track 4 unrestricted residential one, which is less stringent in terms of the chemicals allowed at the site.

The DEC issued a certificate of completion for the cleanup last month.

Waterpointe is being watched

From the Times Ledger:

DEC released a letter in September entitled “Explanation of Significant Differences” explaining why changes to the soil fill had been allowed in the remediation plan. Cervino said the switch from Track 2 residential soil to Track 4 commercial soil will negatively affect future owners in this development. He pointed out that in order to build a house a chemical citeria must be met that guarantees a safe toxicity level for children to play in the yard and for plants to grow there.

According to Cervino, when the board asked for data about the soil, it was estimated that at least 40,000 tons of soil was recontaminated after the site was cleaned up around 2010. Cervino is asking for proof that the 40,000 tons of soil was cleaned up since then because the board was never given data to prove that it was.

“Now we hear that there was this agreement that this property was recontaminated and now they’re going with commercial standard,” he said. “It is now eligible for Track 4, which means the Brownfield cleanup and consent order was not adhered to. I want to know why they were given lax restriction to original agreement.”

Cervino speculated that most of it was left on site. He thinks DEC only cleaned some of the soil out.

CB7 Chairman Gene Kelty said it is out of the board’s hands and can only be handled at the state level. DEC will be voting in two weeks for a certificate of completion. CB 7 said it wants to stall development from moving forward until the board gets clear answers on why the track was changed and the levels of contamination of the soil. CB7 agreed to write a letter to DEC asking state Sen. Tony Avella (D-Bayside), state Assemblyman Edward Braunstein (D-Bayside) and Assemblyman David Rosenthal (D-Flushing) to hold a hearing.

CB7 had something to talk about last night

Public comment from Paul Graziano RE: Waterpointe / Bayrock / Former Grace Property at Community Board 7 Meeting, Monday, December 18th, 2017

Over a decade ago, a carefully crafted agreement was made between the previous owner, government and the community pertaining to the property formerly known as Bayrock/Waterpointe on the Whitestone waterfront.

This agreement, which was negotiated with former Councilmember now-State Senator Tony Avella; Community Board 7; and local residents and civic associations called for 52 single-family detached houses and a waterfront park on what was then a lightly contaminated site. I was personally involved in reviewing the initial proposal, subsequent changes and final submission as an urban planning consultant to then Councilmember Avella.

The site was initially cleaned up correctly. It was then sold and purposefully contaminated with heavily polluted debris, creating the need for a DEC consent order demanding the correct clean-up of the site to proceed with development.

While this was happening, the current owners started to pitch that they wanted/needed to build a much denser development than what was agreed to. There is no question that this is a non-starter with the community, the Community Board and Senator Avella.

However, with the site having been purposely contaminated *again* the idea that the developers are seeking anything less than a full clean up of their property is difficult to believe. It is even more unbelievable that the NY State DEC and other regulatory agencies are considering going against their own regulations which do not allow a Level IV cleanup to occur when the development plans are for single-family detached homes under multiple ownership.

This project must not be allowed to proceed without the full Level I cleanup that is necessary for public safety, not to mention future homeowners who may purchase houses on this site. Anything less than this is clearly irresponsible and should be immediately challenged by the public.

Paul Graziano, Principal
Associated Cultural Resource Consultants

Waterpointe doesn't allow single-family homes

From the Queens Tribune:

Whitestone resident Robert LoScalzo believes that despite the correction made in the September fact sheet, it’s impossible for the DEC to allow single-family homes on a Track 4 site, per the Department of State’s regulations. In a letter to the DEC, he cites one regulation that “the restricted residential use” denoted by Track 4 “shall at a minimum, include restrictions which prohibit…single family housing.”

“It’s right there in black and white,” LoScalzo said. “It just doesn’t seem to wash with what the regulation says.”

The DEC said that the certificate of completion for the remediation should be issued this year. Additionally, the agency is “establishing an escrow agreement with the developer to fund site management activities at this site for a period of 10 years in the amount of $272,000.” In the meantime, Sweeney said that the board has reached out to Councilman Paul Vallone (D-Bayside) seeking the only thing that will guarantee single-family homes at Waterpointe: a rezoning.

DEC wants your input on contaminated site

From the Queens Tribune:

The state Department of Environment Conservation is seeking the public’s opinion on how a potentially contaminated plot of property in Hollis should be remedied.

The site, which is located at 202-16 Hillside Ave., was considered eligible for the New York Brownfield Cleanup Program, which was set up to mitigate sites with potentially harmful contaminant levels exceeding the threshold set up by the DEC. The program utilizes community feedback and oversight from the DEC and the state Department of Health to clean up spaces around the city efficiently without harming the quality of life. The Brownfield Cleanup Program services properties that are eyed for redevelopment.

To keep residents in the loop regarding the property, the state is asking that Hollis residents provide feedback on how the final plan of will be executed. Additionally, more in-depth dissection of the work being completed at the site can be collected at the Queens Library Hollis Branch, located at 202-05 Hillside Ave., or at Community Board 12’s office, located at 90-28 161st St. in Jamaica.

DEC too lax with Whitestone brownfield cleanup

Great report by Ryan Brady in the Queens Chronicle:

In September, the Department of Environmental Conservation changed the brownfield cleanup program track for the Waterpointe development planned in Whitestone. A Track 2 residential cleanup was first planned for the site, where a single-family housing development is planned.

But after the agency discovered that material at the site used as fill did not meet the residential use soil cleanup objectives, it changed the project to Track 4 restricted residential use, a less stringent one. And though the DEC initially had said that single-family homes could no longer be built there, it reversed its stance after Community Board 7 protested.

The agency decided to stick with Track 4 restricted residential use when it reverted back to the single-family housing plan. And while the DEC told the Chronicle that the option is permitted when the homes are controlled by a common entity, as the Waterpointe ones are planned to be, Whitestone resident Robert LoScalzo believes that the agency cannot allow them to be built with that track.

As proof, he points to the sheet that the DEC sent CB 7 when it initially changed the brownfield cleanup and said that single-family homes could not be built. It said, “Restricted residential use provides for common ownership or a single owner/managing entity of the Site, however, single-family housing is prohibited.”

According to LoScalzo, allowing the one-family homes is “a bastardization of what they’re obligated to do under the regulation.”

To further back up his argument, the Whitestone resident pointed to a set of DEC regulations that became effective in 2006, which also says that restricted-residential use does not allow one-family homes.

The agency has also said that the Edgestone Group, the firm that owns the site, was responsible for the fill that led the track to be changed. LoScalzo wonders why the company was not punished at all for using it. “By virtue of dumping material there, they failed to comply with the standards for Track 2 cleanup,” he said. “Why are they so easily off the hook by DEC simply changing the cleanup to Track 4?”

We hear LoScalzo was present at Senator Avella's event yesterday at the Waterpointe site, and addressed the press separately afterward. Stay tuned for more because it looks like he's not done yet.

DEC wants less extensive remediation at Edgestone site

From the Queens Chronicle:

When the Department of Environmental Conservation notified Community Board 7 that single-family homes could not be built at the Waterpointe development on Whitestone’s waterfront, it didn’t go unnoticed.

The Edgestone Group, which is planning to build 52 single-family homes at the site, is participating in the DEC’s brownfield cleanup program. The agency had said on Sept. 20 that fill used to replace contaminated soil at the site was not of the quality required by the type of cleanup being pursued there, which is called Track 2 residential cleanup.

So, a DEC Fact Sheet went on, “it is appropriate that the remedy be modified to a ‘Track 4’ restricted residential cleanup.” Which, the agency continued, applies only to “multi-family residential housing with restrictions that prohibit housing without a common controlling entity responsible for maintaining the [institutional and engineering controls].”

Not exactly music to the ears of a community board that has been adamant about the Waterpointe development being single-family homes.

CB 7 First Vice Chairman Chuck Apelian and board member Joe Sweeney were alarmed when they saw the message from DEC.

“We got this notice — Chuck saw it, I saw it and I said ‘This is impossible, because that’s not what we negotiated,’” Sweeney said at the board’s meeting on Monday. “We negotiated those 52 homes.”

He called the DEC. And ultimately, the agency agreed to allow the single-family house plan, though the restricted residential Track 4 will still be used.

Sweeney told the Chronicle that the DEC informed him the fill described in its fact sheet that resulted in the track change had been placed there by Edgestone.

Poop continues to flow into Bergen Basin

This has been going on for quite some time now.

This alert can be found here.

Nature wins out at the Ridgewood Reservoir

From QNS:

The city Parks Department recently took an important step toward preserving one of Ridgewood’s most beautiful places.

The Ridgewood Reservoir‘s status as a dam was reclassified by the New York City Parks Department after the agency completed a New York State Department of Environmental Conservation (DEC) application, effectively lowering the site’s hazard rating from Class C “High Hazard” to Class A “Low Hazard.”

This new classification removes the need to create any breaches in the dam, allowing the Ridgewood Reservoir to remain as a natural treasure for all those who visit. Since the reservoir was taken off‐line as a water supply source, it has become a uniquely naturalized area in New York City, serving as an important ecological resource as well as a public recreation space.

The NYC Parks Department said it is fully committed to preserving the Ridgewood Reservoir as a natural open space for the community.

AG comes up with bogus reason for mall support

From the Queens Chronicle:

After the Chronicle mentioned that Schneiderman has received thousands of dollars in campaign contributions from members of the Queens Development Group — a joint venture between Sterling Equities and the Related Companies — a Schneiderman spokesman, Doug Cohen, cited innocuous government interests as the real reason the Office of the Attorney General is involved.

“As the lawyer for the State, OAG is acting at the request of State [Department of Environmental Conservation] and the State Office of Parks, Recreation and Historic Preservation, which identified State interests related to future environmental clean-ups, and the proper uses of parkland,” he said.

New plan for old Parkway Hospital

From DNA Info:

Developer Jasper Venture Group LLC, in partnership with Auberge Grand Central LLC, purchased the hospital's mortgages for about $6.5 million in 2012 and two years later snatched up the site with a $1 million bid during a foreclosure auction, according to published reports. Now developers plan to renovate it into affordable housing for seniors.

Builders plan to gut the original six-story hospital building, which features two basement levels, and turn it into 70 apartments for seniors, according to Michael Cohen, a spokesman for Councilwoman Karen Koslowitz. The company would also build an additional three floors atop the building to include 27 market-rate units.

The owners are also planning a 12-story tower in the parking area between the former hospital and the Grand Central Parkway that would feature 200 market-rate apartments, Cohen said.

According to DEC, the soil has "low concentrations (ppb) [parts per billion] of petroleum compounds in groundwater on the site."

"DEC is planning to request that the applicant gather more data to determine if remediation is necessary to protect the public and the environment," Kevin Frazier, a spokesman for DEC said in an email Monday.

The application, according to DEC, is currently “undergoing a 30 day public comment period.”

Comments are closed December 30. Info is here, site code is C241193

Bill signed to curb Jamaica Bay pollution

Forgotten-NY

From the Forum:

The Jamaica Bay Borrow Pit Bill creates a five-year extension to legislation prohibiting the dumping of toxic materials into the borrow pits – areas of deeper water depths in the bay created by projects that excavated, or “borrowed,” seabed sediments for use in other areas – under the bay. This extends through 2022 language in state Environmental Conservation Law requiring permits for filling borrow pits with materials generated by dredging projects in area waterways. Under this restriction, the sediments must also meet the State Department of Environmental Conservation’s Class A criteria for chemical contamination, the state’s highest sediment classification.

The law is set to take effect immediately, with an expiration date of June 30, 2022.

Swans saved - for now

From Sheepshead Bites:

Mute swans have a new look on life now that a bill was passed by Governor Andrew Cuomo ending the Department of Environmental Conservation’s (DEC) prohibition of the species, according to State Assemblymember Steven Cymbrowitz, who wrote the bill.

Cymbrowitz has doggedly tried to place a moratorium on the state’s plan to cull New York’s mute swan population — which the DEC targeted for extermination in 2013. Governor Andrew Cuomo has twice vetoed legislation that would halt the DEC’s effort to eliminate the swans, which the agency says are an invasive species that threaten local ecosystems.

“The people have spoken and I’m pleased that the Governor has listened,” Cymbrowitz said. “Tens of thousands of New Yorkers signed petitions, sent letters and emails to the Governor’s office, and, in my community, called my office to tell me how much they enjoy watching the swans in Sheepshead Bay and Manhattan Beach. People were very vocal about their support of this bill, and I have to believe it made all the difference.”

The bill establishes a two-year moratorium on the DEC’s plan to manage the mute swan population, which were introduced to North America from Europe in the 1800s. It also requires the agency favor non-lethal management techniques and provides stronger evidence that the swans endanger ecosystems.

Queens Blvd site requires remediation

From the Queens Chronicle:

A 12-story, mixed-use development is planned for Queens Boulevard across from Borough Hall, but a ton of remedial work must be done before a single drop of concrete can be poured.

The site of a former dry cleaning business that closed last year, 124-22 Queens Blvd. in Kew Gardens will be subjected to intensive environmental remediation after a state study of the location found elevated levels of contaminants in the soil.

According to the state Department of Environmental Conservation, levels of tetrachloroethylene and trichloroethylene — industrial-strength chemicals often used as cleaning agents — up to 82 parts per million were discovered, over four times the permissible limit of 19 parts per million.

Tool created by city to help develop the waterfront

From Crains:

Applicants for construction permits on waterfront property can end up waist-deep in bureaucracy, but a new website will help them navigate.

The Waterfront Navigator website, funded by the Empire State Development Corp. and the city, aims to be a one-stop shop for users to figure out which permits they need from which agencies, and how to get them.

The city, state and federal government all have jurisdiction over the coastline and local landowners sometimes need sign-off on environmental compliance from all three levels of government before beginning normal city buildings permit processes.

"New York City has long been a global maritime hub for waterfront business owners and development, yet it has been a perennial challenge to navigate the complicated waterfront permit application process," said Maria Torres-Springer, president of the city's Economic Development Corp., in a statement. "This is largely because of the multiple layers of federal, state, and local entities with jurisdictional responsibility for waterfront construction permitting.”

More development. Less public access. NOW.

Junk in Flushing Bay

From the Queens Chronicle:

Ever since a January windstorm apparently left two abandoned barges adrift on Flushing Bay, environmental advocates and Flushing residents have been asking why nothing has been done to clean up the mess.

Riverkeeper, a nonprofit New York City clean water advocate, has been on top of the incident since the barges first made their presence in Flushing Bay. Their concerns are twofold — not only is it unappealing for residents but it also is harming the environment. Styrofoam has begun to fall off the barges and spreading around the bay. Private property owners alongside the shore have seen debris land.

In January, Riverkeeper contacted the NYPD, U.S. Coast Guard, U.S. Army Corps of Engineers and city Department of Environmental Conservation, informing all of them of the issues. But while there have been responses, nothing has been done.

The condition of the barges has continued to decline over the last couple of months. Steel plating is breaking off and one of the barges broke in half.
Normally, when vessels break in half, both parts sink. But according to James Lipscomb, captain of the Hudson Riverkeeper, these barges have an unusual design called positive flotation. This, he said, makes the barges unsinkable.

Lipscomb and area residents cannot confirm but believe the barges were secured on the east side of Flushing Bay, attached to commercial property, and broke loose during the January storm and drifted to their current location.

State fines Newtown Creek metal dumper

From the Daily News:

The manager of a Brooklyn metal cleaning company pleaded guilty to using a simple, secret maneuver to dump industrial toxic waste into the Newtown Creek.

Manuel Acosta, 58, of Control Electropolishing Corporation, admitted he directed his employees to insert a plug into a bypass line, sending waste and sludge — containing high levels of chromium, copper, lead and nickel — on a path to the estuary that runs between Brooklyn and Queens.

The bypass line is designed to treat the waste water before it is released into the NYC sewer system, prosecutors said in court Wednesday.

Instead, the gunk traveled to the Newtown Creek Water Pollution Control Plant, which does not treat industrial products. The infractions occurred between November 2013 and December 2014.