Remediation Documented But Not Done at Deerpark Quarry
Property sold by Deerpark Councilman Arthur Trovei for $1,490,000 continues to trouble neighbors.
By David Ofshinsky
Residents on Deerpark’s Lime Kiln Road continue to see mixed results from their efforts to address problems from Quarry Management’s expansion of their US Rt. 6 site.
A serene wooded hillside has been replaced with a 40 feet high mountain of crushed demolition debris. Trees were indiscriminately chopped down. Property boundary lines are blurred and scattered with debris. Huge piles of quarry materials tower above the neighborhood. On some days, the loud machinery wakes residents before 5 a.m. Questions about the origin of materials used and toxins they may contain remain unanswered.
Residents are frustrated with what they see as Deerpark officials’ roles in creating the problems.
As owner of the property, Councilman Arthur Trovei was a party to the Deerpark Planning Board application for the project along with Quarry Management. Once Planning Board approval was obtained, he sold the property to Quarry Management in January 2020 for $1,490,000, $840,000 more than the $650,000 he paid for it in December 2010. His attorney was Glen Plotsky, Esq., who was simultaneously representing the Town and Planning Board.
Residents say they believe these relationships drove Planning Board approval, as their concerns, voiced in letters to the Planning Board and at a public hearing, were disregarded. They also believe these relationships may be behind the Town’s dismal response to the problems.
Jon Miuta’s experience exemplifies issues with responses by state and local officials. In March 2023, trees on his property were cut down. In May 2023, heavy rains impacted a detention pond, causing oily, reddish-orange water to ooze onto his property. In October 2023, heavy rains further compromised the detention pond, allowing water and debris to flow freely onto Miuta’s property.
Each time, Miuta contacted the town. Representatives of Fusco Engineering, the contracted building inspector for Deerpark, visited the site, along with representatives of Fuller Engineering, Quarry Management’s design and supervising engineer. They said the trees would be replaced, which has not happened. Debris on Miuta’s property was merely pushed over from his property line with large earth moving equipment that did further damage to his lawn. A crude repair to the detention pond wall allowed it to continue seeping oily, reddish-orange water onto his property. Further complaints went nowhere, as his calls got no response.
During this reporter’s visit to Miuta’s property on February 2, oily, discolored water oozed from the roughly repaired section of the detention pond wall onto Miuta’s property. Erosion was visible on the newly constructed hillside above.
“It was such a nice place”, lamented Steve, one of several residents who asked to be identified only by his first name. He is now selling his house.
“They have destroyed a wonderful neighborhood. Who wants to look at that?” Gerald, a 21-year resident echoed Steve’s complaints. “Would any of the town officials want this horrible mess dumped in their backyard?”
In addition to the blighted environment, the noise bothers Phil. “Some days it’s awful. The trucks and machinery are running before 5 a.m.,” he said.
Faulty Remediation and Explanation
On February 8, a Freedom of Information Law (FOIL) requested inspection at Deerpark Town Hall of Building Department and Planning Board files on Quarry Management revealed a January 30 report by John Fuller. The report had been filed with the NYS Department of Environmental Conservation (DEC) in response to a Notice of Violation and Stop Work Order issued by DEC on December 29, 2023, as the result of an October 31, 2023 DEC inspection.
In his report, Fuller wrote that, according to his inspection, issues with water flow onto Miuta’s property and erosion problems on the hillside had been addressed.
On February 9, emails describing the disparity between the report and what had been observed on February 2, along with photographs of the conditions on Miuta’s property and erosion at the site, were sent to Fuller and the DEC.
Fuller quickly responded that Quarry Management had addressed many of the issues, and that recent heavy rains had created the need for additional repairs. Completion of these repairs was expected in the upcoming week.
The DEC responded on February 16, that based upon Fuller’s report, they had lifted the Stop Work Order on February 1. They also said they will follow up on additional complaints.
They issued a formal statement: “DEC will continue to work with the town of Deerpark and the surrounding community to address concerns and provide comprehensive oversight of the facility’s operations to ensure compliance with all State environmental laws, regulations, and policies.”
On Saturday, February 10, starting at 6 a.m, workers did further repairs to the poorly repaired section of the detention pond wall and placed stabilization matting on eroded portions of the hillside.
On February 16, it was noted that the oily discolored water was still seeping onto Miuta’s property from the newly repaired section of the wall. In an email, Fuller was advised about this, and questioned about the source of materials and if any testing is being done on them or the water seeping onto Miuta’s property.
Fuller responded that it is an active construction site, that DEC and town officials are aware of the problems, and that DEC will be out in the coming week to investigate another complaint. He said that, in his understanding, documentation exists for the source of materials, but he provided no information about testing.
A year has passed since problems at the site began. Solutions have been few, slow to arrive, and have had minimal effect. Residents expressed some optimism, seeing more attention to their plight.
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