Red Hook Residents Demand Department of Environmental Conservation Hearing on Ikea-Red Hook Permit Application: How Big Box Stores Like Wal-Mart and Ikea May Damage the Environment Everywhere
Environmentalists argue that the big box stores like Wal-Mart and Ikea do environmental damage wherever they go. With thanks to ProfessorBainbridge.com, here is a link to an excellent short piece on environmental damage, "The CEO of Wal-Mart Drives a?" on Autospies.com. Sprawl, pollution, damage to ecosystems, culture of disposability, it hits them all.
Meanwhile, back in Red Hook, Ikea has yet to clear a number of legal and regulatory hurdles to building its store, including not only the on-going litigation in the New York State Supreme Court but environmental challenges in the New York State Department of Environmental Conservation. Opponents of the project are writing to the state DEC demanding that the DEC hold a hearing on Ikea's permit applications. Ikea has applied to the DEC for a tidal wetlands permit and a clean water act water quality certification for the proposed Ikea-Red Hook store, but it has not included its proposed ferry dock in its applications. Letters are going to Katherine McGucken, the Project Manager and Environmental Analyst for the Ikea site at NYS Dept of Environmental Conservation.
Attorney Antonia Bryson of the Urban Environmental Law Center, who represents the plaintiffs in the Ikea-Red Hook litigation, says that the standard for holding a public hearing is "if a significant degree of public interest exists." Controversial parts of the permit include the filling of the working graving dock, and the fact that Ikea's application does not include the ferry dock, which is a part of the proposal for the Ikea-Red Hook project. Critics say, in addition, that Ikea has already demonstrated its indifference to regulations governing reporting of asbestos and demolition of buildings containing asbestos, so that the DEC should subject any claims Ikea makes to extra scrutiny. The Brooklyn Papers has reported extensively on Ikea's violations of rules governing asbestos safety, including the reports here and here.
A brief summary of allegations of Ikea's failures to handle and report asbestos properly appears in the story "Walking Tour Provides Overview From Ground Level," on B61Productions.com. B61 reports, "Building #3, a historic, civil-war era pump house at 11 Beard St., was partially demolished in January. Allegations of mishandling and misreporting of asbestos-contaminated material drew $183,000 in potential fines for IKEA's contractors. After two delays, U.S. Dredging Corporation and Breeze Demolition will answer the charges in front of the Environmental Control Board on July 8."
According to Ms. Bryson, on April 27, DEC declared that Ikea's application for its permit was complete, i.e., DEC could proceed to determine whether to give Ikea the permit and what the permit would contain [a copy of the DEC April 27 announcement is pasted in at the end of this post, together with the DEC web site information on Water Quality Certification]. DEC announced that there would be a meeting on May 18, and that comments were due by May 27. The May 18 meeting, which was not required by law, and which was not a hearing, was to get public participation. I attended that meeting, at PAL-Miccio in Red Hook. People raised what seemed to be excellent questions. I also noted the presence of, there is no other way to put it, two large and aggressive thugs in the back of the room. They interrupted the other participants and shouted out pro-Ikea rejoinders.
Last Friday, June 10, Ms. Bryson wrote a letter to the DEC asking that the comment period on issuing Ikea's DEC permits be extended by publication of a new notice because of a defect in DEC's earlier public notice. In the original notice in the New York Daily News, the address for comments was cut off.
Thus, concerned citizens can still send their letters requesting a public hearing about Ikea's DEC permit application to Ms. McGucken at DEC. Ms. Bryson says that comments may be directed to any part of the permit.
Opponents of Ikea-Red Hook also ask that the public hearing be held in P.S. 15, not PAL-Miccio. They say that PAL-Miccio, where the DEC held the May 18 meeting, is hard to get to, impossible to park at, and not the nearest venue to the shipyards. In addition, they say that opponents of the Ikea plan are routinely harrassed at PAL-Miccio. Having seen the way the thugs acted at the meeting on May 18, I am ready to believe them.
I promise to treat the Ikea-Red Hook environmental controversy at more length later.
_______________________________________ Region 2 SEQR and Other Notices Region 2 SPDES Renewals ENB Region 2 Completed Applications 04/27/2005 Kings County Applicant: One Beard Street LLC 496 West Germantown Pike Plymouth Meeting, PA 19462 Facility: Ikea Red Hook One Beard St Brooklyn, NY 11231 Application ID: 2-6102-00083/00005 Permit(s) Applied for: Article 25 Tidal Wetlands Section 401 - Clean Water Act Water Quality Certification Project is Located: Brooklyn, Kings County Project Description: One Beard Street, LLC, a wholly owned subsidiary of IKEA Property, Inc. (the Applicant) has proposed to develop a new retail store, three other smaller retail buildings, a 1,400-space parking lot, and a 6.3 acre public waterfront esplanade on the former Todd Shipyards Corporation site (Block 612, Lot 130) on the Erie Basin in Red Hook, Brooklyn, NY (the Project). The large retail store would occupy an approximately 231,000 sq.ft footprint on the northeastern portion of the site. The main roof of the store is planned to rise to a height of approximately 48 feet and would incorporate approximately 1.6 acres of solar paneling and approximately 1.6 acres of “green roof”plantings. The completed project will result in the elimination of discharge of untreated stormwater runoff to the Erie Basin. The site preparation for the project includes: * The removal of a total of 88,544 sq.ft. of coverage (64,544 sq.ft. of wood decking and piers and (4) steel floating dry-dock wing walls having a surface coverage of 24,000 sq.ft.) * Replacement of a 10 ft wide x 126 ft long section of the existing wood deck on the southeastern corner of Pier 4 with new concrete plank decking supported by 22 new coated steel concrete piles. * Filling of the graving dock to grade with clean fill material occurring at a time when the dock is dry. A new retaining wall will be constructed as part of the fill operation. At the conclusion of the wall construction and fill operation the remaining portion of the dock will be flooded via decommissioning of the dewatering pumps to establish 17,107 sq.ft. of permanent open surface water. The existing caisson will be secured in the open position. * Stabilization of the existing shoreline using a combination of new sheetpile installation and existing sheetpile removal. * 1,511 linear feet of new steel sheetpile will be installed within 18 inches of the existing steel sheetpile and wood bulkheads. * 723 lin ft of existing sheetpile bulkhead will be removed and replaced with a rip rap slope landward of the toe of the existing bulkhead. * A pile supported platform will extend over the rip rap slope. This activity will result in the creation of approximately 21,250 sq.ft. of new surface water. The Project site is in the New York State Department of Environmental Conservation’s Brownfields Program and is being remediated pursuant to the NYSDEC Remedial Work Plan for the Brownfields Cleanup, US Dredging/IKEA Site Brownfield Site Cleanup Agreement Index No. W2-1023-04-10, Site N. C224043. IKEA has arranged for a public meeting on Wednesday May 18 at 6:30 PM at the PAL Miccio Center, Redhook, Brooklyn, to address comments related to the permits to be issued by the New York State Department of Environmental Conservation. State Environmental Quality Review (SEQR) Determination: A draft environmental impact statement has been prepared on this project and is on file. SEQR Lead Agency: NYC Dept of City Planning State Historic Preservation Act (SHPA) Determination: A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have an impact on registered or eligible archaeological sites or historic structures. The department must consult further with OPRHP before making a final decision regarding the issuance of the permit. Coastal Management: This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act. Opportunity for Public Comment: Comments on this project must be submitted in writing to the Contact Person no later than May 27 2005. Contact: Kathryn D McGuckin NYSDEC Region 2 Headquarters 47-40 21ST Street Long Island City, NY 11101 (718)482-4997 r2dep@gw.dec.state.ny.us ------------------------------------------------------------------------ Region 2 SEQR and Other Notices Region 2 SPDES Renewals _____________________________________________________ ------------------------------------------------------------------------ http://www.dec.state.ny.us/website/dcs/streamprotection/protwater2e.htm#top Protection of Waters: Water Quality Certifications for Projects Requiring a Federal Permit More information from this division: Division of Environmental Permits UPA Permits ------------------------------------------------------------------------ Regulated Activities In accordance with Section 401 of the Clean Water Act, applicants for a Federal license or permit for activities (including but not limited to the construction or operation of facilities that may result in any discharge into waters of the United States) are required to apply for and obtain a Water Quality Certification from DEC indicating that the proposed activity will not violate water quality standards. Water Quality Certification is required for: Placing fill or undertaking activities resulting in a discharge to waters of the United States where, for example, a permit is required from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act. Some examples of activities requiring a Water Quality Certification are: * those activities described above, under each Protection of Waters category, that involve placement of fill in waters of the United States; * temporary discharges of decant waters from dredge material disposal sites or from barges and vessels. Exempt Activities An exemption from the requirement to obtain an individual Water Quality Certification is for certain activities deemed to have an insignificant effect on water quality, which have been issued a U.S. Army Corps of Engineers Nationwide 404 Permit and for which DEC has correspondingly issued a blanket statewide Water Quality Certification. Is Your Project Minor or Major? Review time frames, procedures and requirements for public notice for applications are different for Minor and Major projects under the Uniform Procedures Act requirements (6NYCRR Part 621). Generally, Minor projects have shorter review time frames and require less public review. Minor Water Quality Certification projects include those projects which will not exceed the Minor project thresholds for Protection of Waters Permits, Freshwater Wetlands Permits or Tidal Wetlands Permits, and which do not involve the approval of construction and operation of hydroelectric generating facilities. All other projects are Major See UPA Time Frames. Back to top of page