PRESS RELEASE: Ikea-Red Hook Community Group Seeks State Environmental Hearing
PRESS RELEASE
For Immediate Release
CONTACT: Antonia Bryson, Esquire
IKEA-RED HOOK COMMUNITY GROUP SEEKS STATE ENVIRONMENTAL HEARING
Citing the controversy surrounding the proposed Ikea-Red Hook retail project on the Red Hook waterfront as well as citizen demand for a public hearing, the Coalition to Revitalize Our Waterfront Now (CROWN), a community organization in Red Hook, Brooklyn, has asked the New York State Department of Environmental Conservation to hold a hearing on Ikea's permit applications arising from proposed site work on the waterfront.
(Letter pasted in below.) Antonia Bryson of the Urban Environmental Law Center, representing CROWN, asserts that public demand meets the requisite standard of "a significant degree of public interest."
Ikea has applied both for a Tidal Wetlands permit and for a Clean Water Act Water Quality Certification. The Department of Environmental Conservation can provide a public hearing on any of a number of points raised by Ikea's permit applications.
Particular controversy relates to Ikea's proposed filling of the Red Hook graving dock, which the Municipal Art Society (MAS) has opposed, as well as to numerous defects in Ikea's Environmental Impact Statement (EIS). Filling in the graving dock, making it inoperable, will enable Ikea to use the space for part of its proposed 1400-car parking lot. One of the few working dry docks on the East Coast, the Red Hook graving dock is in active use for ship repair, however, and it is an arguably irreplaceable part of the infrastructure of New York harbor. The Municipal Art Society has conducted a study of the Ikea site plan, and it has made two detailed suggestions to Ikea for ways to build its proposed retail project without destroying the graving dock. As of Thursday, June 23, however, according to comments by MAS Senior Vice President Frank E. Sanchis III, at an informational meeting of Community Board 6 and Ikea in Red Hook, Ikea had still neither acknowledged the MAS's suggestions nor responded to them.
The hearing CROWN requests will allow members of the public to make statements to a DEC administrative law judge, which can be taken into account in the DEC's decision on the permit.
Requests to the DEC for a hearing are due no later than Monday, July 5, 2005. They should be addressed to Kathryn D. McGuckin, at r2dep@gw.dec.state.ny.us.
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Mary Campbell Gallagher, J.D., Ph.D.
P.O. Box 1308 Gracie Station
New York, NY 10028
MCG@MaryCampbellGallagher.com
http://www.MaryCampbellGallagher.com
MCG@BigCitiesBigBoxes.com
http://www.BigCitiesBigBoxes.com
__________________________________
June 30, 2005
Kathryn D. McGuckin
Regional Dredging Coordinator
Division of Environmental Permits
New York State Department of
Environmental Conservation
47-40 21st Street
Long Island City, NY 11101-5407
Re: NYSDEC Application ID #2-6102-00083/00005
Corps Application ID #2004-00607-RS
Ikea Red Hook Brooklyn
Dear Ms. McGuckin:
This letter will provide comments on behalf of the Coalition to
Revitalize Our Waterfront Now (CROWN), a community organization in Red
Hook, Brooklyn, on the above application for an Article 25 Tidal Wetlands
permit and a Section 401 Clean Water Act Water Quality Certification.
The filling of a portion of the graving dock to grade, construction of a
retaining wall, and flooding of the remainder of the dock, will cause a
significant impact to an historic resource, for which mitigation has not
been specified. The Department has not concluded its consultations with
the New York State Office of Parks, Recreation and Historic Preservation
or disclosed what mitigation will be proposed. Further, by seeking public
comment prior to the conclusion of those consultations, there is no
opportunity for public input into their outcome. The Municipal Art
Society has proposed a reconfiguration of the project that preserves the
graving dock, and this should be thoroughly explored prior to permitting
the filling operation.
The information provided does not reveal whether there are exposed
sediments in areas where the bulkhead has deteriorated, and whether the
shoreline stabilization work has the potential to erode, transport and
redeposit sediments in the Erie Basin. The FEIS states that the repair of
the bulkheads and the improvement of the existing rip rap area have the
potential to result in temporary impacts to fish and benthic
macroinvertebrates due to temporary increases in suspended sediment,
potential release of contaminants from disturbed sediments, and noise.
FEIS, p. 10-20. It concludes, without analysis, and without reviewing any
actual data from the site, that these effects would be localized and would
not be expected to significantly impact aquatic biota. This record is
insufficient for determining that the grant of these permits will not
result in significant environmental impacts.
Further, since the FEIS fails to characterize existing sediment and water
quality in the Erie Basin, there is an insufficient basis to judge the
potential impacts of altered surface and groundwater runoff from the
project in general, and from the construction activity which these permits
will authorize.
The FEIS also reveals that three sections of the bulkhead, approximately
1,500 linear feet, are "nonfunctional." In these sections, tidal water
has eroded the backfill, creating .23 acres that are subject to tidal
water flow. FEIS, p. 10-7. According to the FEIS, no negative impacts to
wetlands are expected because the areas of "nonfunctional" bulkhead will
be replaced with riprap, which will maintain the area as tidal. However,
according to the Notice of Complete Application, only 723 linear feet of
bulkhead will be replaced with riprap, raising the possibility of impacts
on tidal wetlands that have not been eliminated or mitigated.
Finally, the dredging of the contaminated sediments should use the best
available technology. The contaminated sediments admittedly pose a risk
to aquatic organisms and are being dredged from lower depths where they
have been covered. DEC should minimize any potential spillage by
state-of-the-art dredging techniques that rely on GPS-directed excavation
and sealed clam shell dredge technology.
Given the controversy surrounding this project, as already evidenced at
the meeting held by DEC on May 18, and which relates to the filling of the
graving dock and to the retail center that will be enabled by the site
preparation work authorized by these permits, we believe that "a
significant degree of public interest" clearly exists, and that the
Department should conduct a legislative hearing on the proposed permit. 6
NYCRR § 621.7(c)(1).
Thank you for your consideration of this matter.
Sincerely,
Antonia Bryson
