Deerpark Complaints About Quarry Management Get DEC Action

Damage to surrounding properties had resulted from inadequate safeguards, but vigilance and reports brought action.

By David Ofshinsky

After complaints to the NYSDEC about inadequate repairs in Deerparkby Quarry Management, new efforts resulted in a more substantial pond retention wall and new trees. Photo by David Ofshinsky.

Under the watchful eye of the NYS Department of Environmental Conservation (DEC), progress has been made in remediating problems at Quarry Management’s expansion of its US Rt. 6 site in Deerpark.

On December 29, 2023, DEC issued a Notice of Violation and Stop Work Order as a result of its October 31, 2023 inspection of the site. On February 1, 2024, DEC lifted the Stop Work Order based upon a report from John Fuller, Quarry Management’s engineer for the project, stating that problems had been rectified.

However, following up on complaints, a February 20 inspection by DEC showed conditions at the site were still unsatisfactory. This led to a March 6 Notice of Violation and a Stop Work Order being issued. The order only allows for work that is related to the correction of the problems. 

In February, the first effort at a bioretention pond was inadequate. Photo by David Ofshinsky.

Among the problems noted was that Quarry Management’s Storm Water Pollution Prevention Plan (SWPPP) was not accurate. There was no SWPPP trained, certified contractor at the site. Self-inspections were not being done, and erosion and sediment controls had not been properly installed and maintained. These problems were also noted during the October 31 inspection, along with seepage from the site onto a neighboring property.

On April 5, Fuller responded to the DEC. He noted that silt fencing had been repaired as needed; steep slopes had been stabilized with 6-12” diameter rock; other areas, including the swales, had been stabilized with stone or jute matting; a temporary swale had been installed to direct runoff away from the neighboring property; the bio-retention pond had been regraded and the old outlet control structure was removed; there was no longer any seepage from the site onto the neighboring property; and that Quarry Management has retained Fusco Engineering & Land Surveying to perform future third-party inspections to be done at regular intervals. Fusco Engineering & Land Surveying also provides engineering and inspection services for the Deerpark Building Department.

After the first claim of corrections by engineer Jim Fuller, the bioretention wall allowed seepage that was problematic. Photo by David Ofshinsky.

During recent visits to the site, this reporter noted the improvements. The bio-retention pond has been completely re-built. The seepage onto the neighboring property of Jon Muita has stopped. The scattered construction debris has been removed from Muita’s property, and twenty evergreen trees have been planted along the property line. 

New trees that were required as part of corrections to the site have been planted. Photo by David Ofshinsky.

According to Miuta, a survey of the property boundaries is in progress to assess any encroachment issues. He said he is waiting to see what the outcome of recent correction efforts will be. 

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