Minutes of the September 24, 2019 Meeting of the Gowanus Canal Community Advisory Group

Gowanus Canal CAG General Meeting
Tuesday, September 24, 2019
Mary Star of the Sea Senior Apartments, 41 1st Street

Announcements:

Doug Sarno opened the meeting at 6:35. 

Minutes from June approved. 

Project Updates

Christos Tsiamis, EPA Remedial Project Manager for the Gowanus Canal cleanup, presented the EPA updates. 

EPA has the “no fishing” signs ready, thanks to the State and National Grid. We have the locations the CAG agreed upon, and National Grid will be instructed to place the signs at those locations. 

We have started the work for the cutoff wall for the former Fulton manufactured gas plant on the east (Park Slope) side of the canal. National Grid contractors have been working there since late August. It is a big job, there will be a sealed bulkhead that will prevent coal tar from leaking through the sides of the canal. There is a staging area being prepared. There is a clearing operation to remove the debris at the bottom of the canal from the top of Union Street along the sides. We anticipate installation of the wall to begin in early February. 

Along with these activities, there was air monitoring, noise and vibration monitoring. There will also be some noise barriers, especially around the Eastern Effects Studio to be responsive of their needs. That work is going well. 

On September 30, EPA expects to have the 90% design from the Potentially Responsible Parties (PRPs) for Remedial Target Area 1 (RTA-1) from the top of the canal to the 3rd Street Bridge. We expect to have the 90% design for the detention tank at the upper canal on the east side. These are the detention tanks that under the Record of Decision (ROD) the DEP is required to build. This is the bigger of the two. This is for the clean canal. Both are big designs. They will undergo extensive EPA reviews. We will let you know when we will have schedules. 

CAG: Is the First Street Basin part of this design?

EPA: The 100% design is in place for that already. The design of the canal is complex because of different flow rates. A lot of work has gone into that. We’re getting to the end. 

There are a number of bulkheads in RTA-1 that have to be built. Some have to be prepared, some have to be finalized, some are submitted. There’s a lot of work for the EPA in the coming months. What has to be constructed is the bulkhead in front of NYC property, including the front of the Flushing Tunnel and in front of the outfall. The bulkheads on the west side south of Douglass will have to be constructed, designed, and reviewed from Douglass to Union in the coming months. For the bulkhead on the west from Union to Carroll, there are two properties, and we have designs that are in various stages for these properties. Carroll to 3rd Street also have to design and build, this is the entire east side. 

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Fulton MGP Site Barrier Wall Fact Sheet

The EPA has released a fact sheet detailing the construction of a barrier wall at the head end of the Gowanus Canal, adjacent to the Fulton Manufactured Gas Plant (MGP) site. The barrier wall is intended to prevent contaminated materials on the site from entering the canal, and to serve as structural support during the dredging and capping of the canal.

Barrier wall construction began in August, and is targeted for completion in  the summer of 2020. It will measure approximately 880 feet, and extend from the top of the canal to the Union Street Bridge.

You can download a PDF version of the Fact Sheet here.

Minutes of the October 15, 2019 Meeting of the Gowanus Canal CAG Land Use Committee

The Gowanus Canal Community Advisory Group’s Land Use Committee met on Tuesday, October 15, 2019, at the offices of the Gowanus Canal Conservancy, at 543 Union Street.

CAG Members present:

David Briggs
Katia Kelly
Andrea Parker
Peter Reich
Brad Vogel
Maryann Young

Guest:

Steve Marcus

Item 1

Review of 2016-2019 Land Use Committee resolutions.

Action

For resolutions where it appears that no response or action was taken by recipient(s), resend resolutions with request for a formal response.

Item 2

PRP representative. It is unclear if the PRPs, except for National Grid, each have individual representatives or a group representative.

Action

Request list of PRPs from EPA and request their representative(s) to attend at least one CAG meeting each year.

Item 3

DEP feedback on tunnel decision. Dave relayed conversation with Kevin Clarke of DEP about the community’s reaction to the EPA’s decision regarding the retention tunnel. Dave asked Kevin to forward DEP’s formal response to Doug Sarno for distribution to the CAG. During the conversation, Dave pointed out that he could not speak on behalf of the CAG, but suggested that if the DEP is seeking CAG support for the tunnel, then:

  1. the DEP should consider committing to either saving the Butler Street building in its entirety or relocating it completely intact nearby,
  2. DEP should emphasize that the tunnel solution will result in a better public park next to the head house,
  3. the CSO retention system can be expanded in the future, and
  4. DEP should demonstrate how the energy requirements for pushing the CSOs back up to the sewer system are part of an overall sustainable approach.

Action

It was decided that the committee would not make any recommendations regarding the EPA’s decision.

NYC Department of Environmental Protection Response to EPA’s Rejection of CSO Retention Tunnel Proposal

On October 3, 2019, New York City Department of Environmental Protection Commissioner Vincent Sapienza responded in writing to US Environmental Protection Agency Region 2 Administrator Pete Lopez regarding EPA’s rejection of the city’s proposal to build a tunnel to capture combined sewer overflow rather than the tanks proscribed by the EPA.

The EPA has ultimate jurisdiction in the matter, however, and has shown no inclination to revisit its decision, which compels the city to construct an 8-million gallon retention tank near the head of the canal, and a second 4-million gallon tank on the site of the Salt Lot.

You can read NYC DEP’s letter in its entirety here.

Minutes of the October 17, 2019 Meeting of the Gowanus Canal CAG Outreach Committee

The Gowanus Canal Community Advisory Group’s Outreach Committee met on Thursday, October 17, at 8:30 a.m., in the offices of the Fifth Avenue Committee, at 621 Degraw Street.

CAG Attendees: Sabine Aronowsky, Christine Petro, Eric McClure, Jessica Roff

Review of last month’s meeting notes and action items, and of the September general meeting.

Christine has requested a fact sheet from EPA for RTA 1. No update yet. She’ll follow up with Natalie.

North Canal Visioning Group does not appear to have met recently. We need to remind Council Member Levin of the necessity to engage the community around the north end of the canal, especially with the 90% design due at the end of last month.

Sidebar conversations are happening about the order to provide a temporary swimming pool while the park remediation is progressing. Christine or Sabine will invite Benjamin Solotaire from Council Member Levin’s office to update us on the North Canal Visioning Group. Christine will double check with Andrea about whether there have been any recent NCVG meetings.

We will move the November Outreach meeting to November 14 (Sabine will confirm a meeting room and will move her standing appointment so we can go longer than an hour). Invite EPA and Levin’s office for a discussion of design processes for Fulton cut-off wall and tank projects, as well as park remediation and temporary pool.

We also need to get an update from National Grid regarding the remediation of Thomas Greene Park. We’ll invite Terri Thompson to the December Outreach Committee meeting to provide an update.

What will the impacts be of the two projects (CSO tank and park remediation) possibly going on at the same time? Will parts of the park remain open, and what kind of safety provisions will be in place to protect park users?

With 90% design of the RTA-1 clean up , will there be an opportunity for the public to provide feedback on the plan?

CAG could issue a press release after Thanksgiving with an update on the project, perhaps in conjunction with Council Member Levin’s office.

Much of these potential actions hinge on an update on the RTA-1 work. Opportunity to comment on plan, etc. Head house open space design, incorporation of Gowanus Station building façade, etc.

Minutes of the September 10, 2019 Meeting of the Gowanus Canal CAG Land Use Committee

The Gowanus Canal Community Advisory Group’s Land Use Committee met on Tuesday, September 10, 2019, at the offices of the Gowanus Canal Conservancy, at 543 Union Street.

CAG Members present:

David Briggs
Andrea Parker
Peter Reich
Maryann Young

Guests:

Terri Thomson
Barbara Woods
Steve Marcus

Item 1

Member presentations about why they are on the CAG.

Action

Dave has already reached out to Natalie and Doug. Some discussion about whether only the groups should present or if all members should present. Will discuss at next meeting.

Item 2

Andrea reported that the Gowanus Canal Conservancy’s third annual bio-blitz was the largest to date, and documented wildlife in the area around the canal.

Action

This data should be presented to the CAG for support, and submitted to the trustees of the NRDA program with a request for a formal response and comparison to data they’ve already collected.

Item 3

Status of previous resolutions. Have they been successful?

Action

Will review at next meeting.

Gowanus Canal Flushing Tunnel to be shut down beginning Oct. 1 for 10 to 12 weeks

EPA Region 2’s Gowanus Superfund cleanup Senior Project Manager, Christos Tsiamis, sent along the following notification yesterday:

“…NYC DEP will be shutting down the Flushing Tunnel for 10-12 weeks starting next Tuesday October 1st in order to perform the modifications to the Flushing Tunnel Discharge Chamber to address the foaming issues at the Flushing Tunnel outlet.”

Tsiamis reported that it is his understanding that the work will take place on land, on the premises of NYCDEP’s property at the top end of the canal.

Gowanus Canal Community Advisory Group Resolution on Petition to NYS DEC on Water Reclassification of the Gowanus Canal

At its September 24, 2019 general meeting, the Gowanus Canal Community Advisory Group passed the following resolution empowering the CAG to formally submit a petition to the New York State Department of Environmental Conservation requesting that the Gowanus Canal be reclassified from Class-SD to Class-I.

The resolution reads as follows:

Resolved, that the EPA Gowanus Canal Community Advisory Group (CAG) formally submit a request for water reclassification or a “reclass petition” to the New York State Department of Environmental Conservation (DEC), Division of Water, Bureau of Water Assessment and Management. The CAG seeks to reclassify the surface waters of the Gowanus Canal through the State’s formal rule making process from its current industrial designation of Class-SD to Class-I. The current Class-SD designation mandates a minimal level of dissolved oxygen be maintained in the waters, but places no limit to levels of pathogens present in the waterway and is not protective of current and future recreational uses, which include contact recreation for families and children. A Class-I designation would impose limits on pathogen levels, both coliform and enterococci bacteria, and is necessary to ensure that children and others are not exposed to dangerous diseases due to a simple act of coming into contact with the water while recreating in, on, or at the canal.

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Gowanus Canal Community Advisory Group Resolution Calling for Compliance with Section 106 of the National Historic Preservation Act

At its September 24, 2019 general meeting, the Gowanus Canal Community Advisory Group passed the following resolution calling on the EPA to finalize a Programmatic Agreement or Memorandum of Agreement covering the Gowanus Superfund site pursuant to Section 106 of the National Historic Preservation Act.

The resolution, addressed to the EPA, Gowanus Canal Superfund Potentially Responsible Parties (PRPs), the New York State Historic Preservation Office (SHPO), and the Advisory Council on Historic Preservation (ACHP), reads as follows:

Resolved: 

The Gowanus Canal Community Advisory Group (CAG) requests that the EPA and the PRPs, as well as any contractors employed by them, refrain from proceeding with demolition, site clearance, or any other tangible preparations for the creation of the cut-off wall proposed for the east side of the Gowanus Canal above the Union Street Bridge or any other demolition, excavation, or bulkhead replacement activity along the Gowanus Canal until such time as the EPA has finalized a Programmatic Agreement (PA) or Memorandum of Agreement (MOA) covering the Gowanus Superfund site’s entire area of potential effects pursuant to Section 106 of the National Historic Preservation Act.

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EPA Rejects NYC Proposal to Construct a CSO Retention Tunnel in place of Retention Tanks

The U.S. Environmental Protection Agency (EPA) today announced that it had rejected a proposal by the New York City Department of Environmental Protection (DEP) to substitute a combined sewer overflow (CSO) tunnel for the two CSO retention tanks prescribed in the EPA’s Record of Decision for the Gowanus Canal Superfund cleanup.

In a letter dated September 20, 2019, US EPA Region 2 Administrator Pete Lopez informed NYC DEP Commissioner Vincent Sapienza that after careful and lengthy review, EPA had decided against the city’s tunnel proposal. Lopez outlined several reasons for the EPA’s decision, which largely focused on concern over potential delays in the cleanup if a tunnel were to replace the tanks.

Click here to read the full letter from Administrator Lopez.