Army Corps of Engineers Opens Public Comment Period for MTS
As you know, I have been a strong and outspoken opponent of the construction of the 91st Street Marine Transfer Station (MTS). The MTS is part of the Solid Waste Management Plan created by New York City with the intent of evenly distributing the disposal of solid waste. Unfortunately, while the City attempts to fairly allocate waste sites across the boroughs, it fails to take into account the needs and well-being of the individuals who call this area of the Upper East Side home.
This is why I called on the Army Corps of Engineers to open a comment period to allow members of the community to speak out against the MTS. In response, the Army Corps is now soliciting public comments, which are due by Wednesday, August 24th.
On Saturday, I joined Congresswoman Carolyn Maloney as well as other members of the community to protest the MTS. I urged the Army Corps to extend this comment period and hold a public hearing so that every voice can be heard.
I will be submitting comments to the Army Corps requesting that the permit for the MTS not be granted and as a concerned community member, I urge you to do the same. Any comments should focus on the impact of the MTS on fish and wildlife in the East River. Below is a list of issues compiled by Congresswoman Carolyn Maloney, which can serve as a valuable resource when writing to the Army Corps of Engineers.
- The East River has been becoming progressively cleaner as industrial uses grow rarer. The amount of contaminants in the water has decreased significantly over time.
- The Department of Sanitation (DOS) last collected fish population samples in 2003, much too long ago to be of any relevance now. Sampling done in 2003 cannot reflect the fact that fish populations are increasing as the water grows cleaner.
- The DEC's website has a video boasting that the East River is one of the more productive fishing spots along the East Coast. Fish live in the East River. They reproduce here. And DEC says that they are very healthy. http://www.dec.ny.gov/dectv/dectv87.html
- Fishermen report catching many species not listed in DOS's mitigation plan, including Striped Bass, Fluke and Bluefish. If DOS's sampling failed to show these species, then its sampling is clearly inadequate and not an accurate reflection of the marine life at this location.
- DOS should be required to resample the area. Further, in light of the sensitivity of this location, the National Marine Fisheries Service should do its own sampling, rather than leave it to an obviously interested party.
- Bobby Wagner Walk, adjacent to the site of the Marine Transfer Station (MTS), is a popular fishing place. Reopening and enlarging the MTS will have an adverse impact on fishing.
- DOS's mitigation plan states that in 2003 sampling found "eggs of cunner (Tautogolabrus adspersus), bay anchovy (Anchoa mitchilli) and Atlantic menhaden (Brevoortia tyrannus); and larvae of winter flounder (Pleuronectes americanus), anchovy (Anchoa sp.) and goby (Gobiosoma sp.)." DOS also reports that "Essential Fish Habitat (EFH) designated species found at the site included eggs and larvae of windowpane and winter flounder (Scophthalmus aquosus) [sic] and larvae of one summer flounder (Paralichthys dentatus)."
- Atlantic Striped Bass are a particularly sensitive population that are protected under the Atlantic Striped Bass Conservation Act, 16 U.S.C. 5151-5158. Populations of Atlantic Striped Bass plummeted during the late 1970s and early 1980s, prompting Congress to pass legislation to protect this species of fish. New York State also has legislation protecting Striped Bass. Since Striped Bass is present in the East River, particular attention should be paid to the impact of the MTS on the Striped Bass.
- Environmental toxins in the East River have prompted the Department of Health to issue warnings about eating too much fish caught in river. The MTS is likely to add to the level of toxins in the water, particularly if there is any spillage from or flooding of the MTS.
- DOS's mitigation plan calls for the creation of additional open water habitat in the South Bronx and Brooklyn, far removed from the Manhattan site of the MTS. DOS should not be permitted to impact the habitat at this location if it is unable to fulfill its mitigation obligation at this location.
- The Brooklyn location is situated in Upper New York Bay and should not be considered mitigation for a structure that impacts the East River.
- The Bronx location is situated in a portion of the East River that is much wider than the narrow channel where the MTS is. There is no guarantee that the mitigation would benefit the fish and other marine life that live and spawn in the area near the MTS.
- The Marine Transfer Station is located in a Hurricane Flood Zone. The FDR has been closed for flooding 5 times in the last 3 years. If the transfer station floods, garbage could be swept into the East River, contaminating the water and possibly adding toxins to the water. The mitigation does not address this issue at all.
- DOS's proposal is entirely based on the assumption that the garbage will be contained at all times. Accordingly, their filings assume away any adverse impacts the garbage would have if it were to be dropped into the East River either by accident or flood or other means. It is unreasonable to assume that no accidents will ever happen.
If you have any questions, please feel free to contact my office at 212-860-4906. Make sure to have your comments mailed by August 24, 2011 to:
Ms. Naomi Handell
Department of the Army Corps of Engineers New York District
26 Federal Plaza, Room 1937
New York, NY 10278