Monday, July 30, 2018

Brown Is The New Clear



Dear Nieces and Nephews

In September 2008, the Otterkill and the Black Meadow Creek were placed on the DEC’s Threatened List. If this part of the Moodna Watershed was important in 2008, would it be any less important now? No, it is worthy of protection now and in the future. And this was noted at the Goshen Town Board Work Session and Regular Town Board Meetings in September 2008. 

  



….”This means that if the surrounding areas are developed, extra measures will be required to protect that water shed.”….

The designation raises the environmental profile of the Otter Kill and Black Meadow Creek, making it easier to get grants for their protection, as well as lending weight for greater regulation of development in their watershed, according to officials with the state’s Department of Environmental Conservation. The streams are on the western end of the Moodna Watershed, which encompasses the central and eastern parts of Orange County.

“The entire Otterkill Stream/Black Meadow Creek and Tributaries, a water body consisting of 99.1 miles, has been officially listed on the State Priority Waterbodies List (PWL) as threatened. What causes it to be threatened are water level/flow and thermal changes. The sources are construction and habitat modification.”

“Builders will likely be able to go ahead with development near the water bodies, but they could face greater requirements, such as planting trees near the streams, putting up more silt fences, and doing more water testing, said Town of Goshen Planning Board member Sue Cleaver. “

Town of Goshen Supervisor at this time was Doug Bloomfield.

In 2009, a water/sewer district for Heritage Estates was subject to a public hearing. During this public hearing, the Biodiversity of flora and fauna, the critical nature of the streams (Otterkill, Black Meadow Creek etc.) were referenced as well as the “Southern Wallkill Biodiversity Plan (2005)”. The plan not only documented the environmentally sensitive nature of the area but also included aggressive methods for implementing the plan on the part of area residents AND municipalities, basically giving elected officials a blueprint for preservation.  


Town of Goshen Supervisor at this time was Doug Bloomfield

In 2012, Town of Goshen Supervisor Doug Bloomfield joined Valastro and Neuhaus in noting that the Black Meadow Creek has "threatened" status. (see map above)

Town of Chester Supervisor Steve Neuhaus, (running for CE) called the idea of a sewer treatment plant on the Black Meadow “Insane”

“They pointed to a 2005 environmental study by the Metropolitan Conservation Alliance that identified Black Meadow Creek as one five areas in Chester critical to maintaining biodiversity.”

In 2015, The Town of Chester adopts a new Master Plan, which provides this info:
Wetlands serve three primary functions:
1) to filter and clean water; 2)to provide wildlife habitat ; and 3)to provide stormwater storage and retention. Wetlands are necessary to our ecosystems. Their development, outside of the occasional road or access driveway, must be limited and resisted. They also serve a vital function in retaining large amounts of runoff during the spring thaw or major storm events. P 22

Streams, Water Bodies and Riparian Zones iii
This Plan recommends riparian zones be established along all major streams , including Seely Brook, Quaker Creek, Black Meadow Creek, Trout Brook and their tributaries, to prevent stream bank erosion and mitigate damage during major flooding events. The land - ‐use activities allowed within the riparian zone might include passive recreation and other limited- ‐impact activities that would not adversely affect native plant species within the riparian zone. Passive linear parks would be appropriate within the riparian zone, provided the design protects native plants, etc. The Town should strictly limit or prevent filling or construction within the riparian zone. P 23

It seems like the Town of Chester, just next door to Goshen, understands the important nature of this bio-diverse area. And apparently so did Noodlehaus, before he was elected County Executive

In 2016 James Caggiano, a Former Village of Goshen Water Engineer wrote: (Excerpt)


"The DEIS did not contain direct comments addressing the Federal Emergency Management Agency (FEMA) Maps for these properties along Otter Creek* and its tributaries that shows the 100-year and 500-year flood plains. As stated in the July 2003 Town’s Protection Plan, the Otter Creek (Area B) that exists throughout the entire parcels is a major feed supply to the Village’s Reservoir system. On page 8 on Water Resources, the Report states ”The small headwater settings of both these reservoirs mean that their watersheds or drainage areas are also small and fragile.” The Plan further states that it has significant Biodiversity also along its banks that must be protected. If tampered with, it could destroy the Village’s 0.5MGD Reservoir raw supply system. If this was another community like New York City, it would be looking at measures to purchase the properties along the Creek to protect its Watershed and limit the amount/type of water treatment required by the NYS Department of Health (DOH) to supply its customers — that is Best Management Practice. The Legoland development will destroy the environment and wildlife at Otter Creek. As the former Village water engineer for several years, I am aware of the negative impacts of this proposed project on Goshen’s reservoir watershed.”
(* Creek and Kill are interchangeable, thanks to the Early Dutch settlers!)

Either Mr. Caggiano had a crystal ball or he knew his topic. 

Has anyone noticed that in 2008, the Town Board of Goshen listened to and heard the verified information regarding the status of the Wallkill River; the Otterkill and Black Meadow Creek; etc but never took action. They never Voted on a course of action at these meetings. You may think to rely on the Town’s Master Plan, but what good are laws without enforcement?

Goshen is a town that actually has laws against the establishment of an amusement park in the town!!! At these meetings and afterward, the Town of Goshen listened and paid lip service to the concerned citizens but did nothing official.

Problems associated with construction activities, like soil erosion,  flooding, stream channel damage, decreased ground water storage, slope failures, and damage to adjacent or downstream properties can be successfully minimized by implementing erosion and sediment control measures on construction sites. http://www.townofgoshen.org/stormwatermgt_erosioncontrol.htm 

And by enforcing the law!

Are you surprised that ten years later, Saturday, July 28, 2018, the THRecord reports that Legoland Merlin Entertainments was issued another violation by the DEC. Legoland has not yet addressed the issues from the DEC’s first violation. And Legoland has not acted on the issues brought to light by the Town of Goshen Building Inspector in his violations.

Chris Miele, a leading Legoland opponent said: “Legoland should be halted until this is correct, this has been going on since May.” Additionally she stated: “It was the wrong place to put this,It’s an environmentally sensitive area. And if they don’t do a good job in enforcing these violations, no one is going to make any money, not the town, not (Legoland’s parent company) Merlin, not the county.”

Why are the Town of Goshen elected officials, ALL of whom are aware of this information, CHOOSING TO IGNORE IT!!!!???? Why does former Town of Chester Supervisor and current County Executive Steve Neuhaus, now support destruction of this sensitive area with the building of Legoland? Is he “INSANE?” (judging from his own comment.) Do these yahoos think Legoland is “passive recreation”? Or is it something more chilling that causes people who supposedly represent us to act against the greater good?

Phil Royle, despite your claims of having “been working continuously to increase our storm water protection measures”, you have not. Is it you or HOLT Construction LLC that is simply refusing to follow the law?

Lets recall that Phil “the Fixer” Royle has stated that Legoland planned on being a good neighbor. If this is your idea of a good neighbor we are glad we don’t live next to you.

Maybe Goshen should have approved an amusement park for Lincoln Logs instead of Legos. At least with Lincoln Logs you could do a log roll in the Otterkill as you watched it turn brown. 


BTW: The Engineering firm for both the Legoland and Amy’s projects is Lanc and Tully of Goshen NY
Our Construction Observation department services municipal clients to ensure that construction is carried out in accordance with approved plans and accepted engineering practices. Construction Observation services include the observation of the installation, testing and certification of water supply systems, sanitary sewage collection systems, stormwater management systems, road pavements, and sidewalk and curb installations.
These services include the preparation of daily logs for work complete, project labor reports, material quantities tracking and approval of submittals. Upon project completion, our office prepares project records and record drawings for the installed improvements.

Maybe you should do less observing and more work to avoid violating the law.

Legoland and Amy's were issued more DEC violations on Friday making it: Legoland 3; Amy’s 2 
(one of Legolands violations was issued by the Town of Goshen Building Inspector).

Legoland and Amy’s appear to be chronic and serial offenders of our precious environment. 
And that's a crime. 

Let's not do business with criminals: pull the Planning Board approvals for each project!!!!