Sale Of Townhouses To Fund Restoration Work

Attorney General Spitzer and Department of Environmental Conservation (DEC) Acting Commissioner Denise Sheehan announced an agreement to restore a tidal wetland in the Bronx that was illegally filled with construction waste.

Under the agreement, a local developer, LB North East, has agreed to remove the waste and make a series of improvements to a 1.5 acre site along Westchester Creek in the Castle Hill section of the Bronx.

"Protecting wetlands in urban areas is an important part of environmental stewardship," Spitzer said. "This project will transform a dumping ground into a haven for wildlife and a scenic area for city residents to enjoy."

Commissioner Sheehan said, "Governor George Pataki and DEC understand the vital roles wetlands play in improving water quality and promoting healthy ecosystems. DEC staff and the Attorney General's office have again partnered together to ensure the protection of wetlands by requiring a comprehensive restoration effort that will provide lasting benefits to both the Bronx community and the environment."

The wetland is adjacent to property once owned by the Railroad Maintenance Corporation (RMC). In 1995, after the DEC discovered that the company had illegally filled the wetland with construction waste, it ordered the company to remove the illegal waste and restore the wetland. RMC did not remove the illegal waste, and the Attorney General sued the company in 2000.

During the course of this litigation, RMC sold a large parcel to LB North East, which planned to build housing on the site, and sold a smaller parcel to a school bus company. These companies, as successors to RMC, inherited the legal responsibility to remove the fill and restore the wetland.

In late 2002, LB North East began to build 15 townhouses on a portion of its property. On February 19, 2003, the State obtained a court order to stop the construction.

On March 9, 2005, an agreement settling the case was approved by the court. The agreement provides for restoration of the wetland and construction of townhouses to proceed on upland areas. In particular, the agreement requires LB North East to:

• Remove the construction waste from the wetland and other areas on the property and dispose of it at a licensed disposal facility;
  
• Restore the tidal wetland and adjacent areas to create an intertidal marsh, a high marsh, and a vegetated buffer area that gently slopes to the water;
  
• Place a portion of the proceeds of the sale of the townhouses into an account to fund the wetland restoration;
  
• Monitor the tidal wetland restoration for five years after it is completed, report the results of the monitoring to DEC, and replace any plants that do not survive;
  
• Ensure that the wetland not be developed in the future; and
  
• Pay a $50,000 penalty to the State of New York.

The agreement also requires the school bus company to remove the illegally-placed fill and restore the tidal wetland on its section of the property.

This case is part of a larger initiative by the Attorney General to address environmental issues in and around the Bronx River. Recently, the Attorney General's office announced a court order requiring the City of Yonkers to take steps to halt pollution of the Bronx River. Earlier, the Attorney General's office reached agreements with the Bronx Zoo and New York Botanical Gardens to reduce pollution and restore river front properties.

The case was handled in the Attorney General's Environmental Protection Bureau by Assistant Attorneys General Lisa Feiner and Norman Spiegel. It was handled in the Department of Environment Conservation by Udo Drescher, Stephen Zahn, Kenneth Brezner, Susan Bauer-Maresca and Tamara Greco.