Waterpointe is being watched

From the Times Ledger:

DEC released a letter in September entitled “Explanation of Significant Differences” explaining why changes to the soil fill had been allowed in the remediation plan. Cervino said the switch from Track 2 residential soil to Track 4 commercial soil will negatively affect future owners in this development. He pointed out that in order to build a house a chemical citeria must be met that guarantees a safe toxicity level for children to play in the yard and for plants to grow there.

According to Cervino, when the board asked for data about the soil, it was estimated that at least 40,000 tons of soil was recontaminated after the site was cleaned up around 2010. Cervino is asking for proof that the 40,000 tons of soil was cleaned up since then because the board was never given data to prove that it was.

“Now we hear that there was this agreement that this property was recontaminated and now they’re going with commercial standard,” he said. “It is now eligible for Track 4, which means the Brownfield cleanup and consent order was not adhered to. I want to know why they were given lax restriction to original agreement.”

Cervino speculated that most of it was left on site. He thinks DEC only cleaned some of the soil out.

CB7 Chairman Gene Kelty said it is out of the board’s hands and can only be handled at the state level. DEC will be voting in two weeks for a certificate of completion. CB 7 said it wants to stall development from moving forward until the board gets clear answers on why the track was changed and the levels of contamination of the soil. CB7 agreed to write a letter to DEC asking state Sen. Tony Avella (D-Bayside), state Assemblyman Edward Braunstein (D-Bayside) and Assemblyman David Rosenthal (D-Flushing) to hold a hearing.

CB7 had something to talk about last night

Public comment from Paul Graziano RE: Waterpointe / Bayrock / Former Grace Property at Community Board 7 Meeting, Monday, December 18th, 2017

Over a decade ago, a carefully crafted agreement was made between the previous owner, government and the community pertaining to the property formerly known as Bayrock/Waterpointe on the Whitestone waterfront.

This agreement, which was negotiated with former Councilmember now-State Senator Tony Avella; Community Board 7; and local residents and civic associations called for 52 single-family detached houses and a waterfront park on what was then a lightly contaminated site. I was personally involved in reviewing the initial proposal, subsequent changes and final submission as an urban planning consultant to then Councilmember Avella.

The site was initially cleaned up correctly. It was then sold and purposefully contaminated with heavily polluted debris, creating the need for a DEC consent order demanding the correct clean-up of the site to proceed with development.

While this was happening, the current owners started to pitch that they wanted/needed to build a much denser development than what was agreed to. There is no question that this is a non-starter with the community, the Community Board and Senator Avella.

However, with the site having been purposely contaminated *again* the idea that the developers are seeking anything less than a full clean up of their property is difficult to believe. It is even more unbelievable that the NY State DEC and other regulatory agencies are considering going against their own regulations which do not allow a Level IV cleanup to occur when the development plans are for single-family detached homes under multiple ownership.

This project must not be allowed to proceed without the full Level I cleanup that is necessary for public safety, not to mention future homeowners who may purchase houses on this site. Anything less than this is clearly irresponsible and should be immediately challenged by the public.

Paul Graziano, Principal
Associated Cultural Resource Consultants

What killed the Flushing Creek fish?

From the Queens Tribune:

With reports last week of “thousands of dead fish” floating in Flushing Creek, the city’s Department of Environmental Protection (DEP) placed the blame on predatory TK fish, which the agency said chased the defenseless fish into low-oxygen areas where they ultimately died.

But Councilman Peter Koo (D-Flushing) and local environmentalists tell a different story, blaming the deaths of the fish on the polluted conditions in the creek, where the city is currently looking to reduce combined sewage overflows (CSOs). These are instances where, during heavy rainfall, sewage-treatment plants cannot handle the increased load, and a combination of excess rainwater and untreated sewage seeps into local waterways.

On Aug. 11, Koo used the deaths of the fish as evidence that the city should rethink its long-term control plan for Flushing Creek and Flushing Bay—which is the DEP’s plan to reduce CSOs. Alongside environmentalists, Koo argued that the plan’s use of chlorine to disinfect the waters could have a negative impact on the waters’ ecosystems, and that the city should invest in increasing the capacity of the area’s sewage infrastructure.

The DEP also says it sampled the waters the Monday before the fish kill, which occurred on Aug. 9, and found sufficient oxygen to support marine life. Additionally, it says the rain that occurred that Monday was all captured by the $350 million sewer overflow tank. It argues that fish kills like this have happened before, and if the water conditions were at fault, the predatory fish would be dying as well. The DEP is building green infrastructure in the area to capture stormwater before it enters the sewer system.

But marine immunologist James Cervino, who is the chairman of Community Board 7’s environmental committee, said that he analyzed the dead fish and concluded that the fish were killed by polluted waters. He said that had the fish been killed off in a predatory event, there would be “massive lesions and bitemarks.”

“There [are] no bitemarks,” he said. “Some of the fish have been eaten by blue fish and chased, which is a normal process, but a majority of fish that died off were due to a harmful algal bloom.”

What the hell is a TK fish?

Scientist discovers MacNeil Park sewage problem

From QNS:

At first glance, the bubbling puddle shown on video taken at College Point‘s MacNeil Park this weekend doesn’t look that bad. The smell and the contents of the water, however, told a much more dangerous story.

Dr. James Cervino, a local marine scientist, told QNS that the geyser popped in the park in the last few days. He took a sample of the water for testing which revealed that it contained two different types of bacteria — E.coli and enterococcus — typically found in raw sewage.

At first, no one in the neighborhood knew for certain how or why the wretched geyser formed, according to Cervino. The city’s Parks Department, however, was able to provide an answer on Monday afternoon.

“There was a blockage in the sewer line which caused a backup in MacNeil Park,” a Parks Department spokesperson told QNS on Aug. 7. “Parks plumbers have been on site since 8 a.m. this morning to assess the situation. Parks hired a cesspool company to clear the line, and we are working with DDC (the Department of Design and Construction) to repair the issue.”

While the sewage-laden area was roped off, the rest of MacNeil Park remains open, the Parks Department added.

The Parks Department’s response came after state Senator Tony Avella — whom Cervino alerted about the condition over the weekend — reached out to the city’s Parks Department, the Department of Environmental Protection (DEP) and the Department of Health. He then followed up on Aug. 7 with a letter to the commissioners of all three agencies demanding that the problem be fixed, as well as a joint investigation to figure out what happened.

College Point concerned about pipe placement

From the Queens Tribune:

Nearly 100 College Point residents gathered in MacNeil Park on Saturday to protest the Department of Environmental Protection’s plan to build a stormwater outfall pipe in what environmentalists have said is a sensitive area.

The area in question contains wetlands that a local environmental organization called the Coastal Preservation Network (CPN), which called for the protests, has been working on restoring for nearly a decade. Over the years, CPN has orchestrated volunteer clean-ups of the waterfront area, planted sea grasses and installed oyster reefs to help the area thrive.

The pipe is part of a $132 million infrastructure project, funded by DEP and being constructed by the Department of Design and Construction. The stated goal of the project is to reduce sewer drainage into Flushing Bay and the Upper East River. Currently, three combined sewer outfalls overflow into Flushing Bay during heavy storms, flooding the area with untreated sewage mixed with rainwater.

The new outfall will be in a different section of the park, and will contain only stormwater—no sewage.

“DEP is investing more than $130 million to permanently end the annual discharge of nearly 50 million gallons of pollution into the waters surrounding College Point,” said DEP in a statement. “Contrary to the claims, it is quite clear that this work will significantly improve water quality and the health of nearby wetlands and oysters.”

Kathryn Cervino of the Coastal Preservation Network, the organization that organized the “Day of Outrage,” said that the efforts are an improvement for the overall health of Flushing Bay and the Upper East River. However, Cervino argued, by moving the location of the outfall, it could now overflow into the wetlands. And while the new overflow is ostensibly just stormwater, Cervino explained that during heavy storms, stormwater often picks up contaminants from the streets, like asphalt debris, road salt, deicing chemicals and oil from vehicles.

“It still has a lot of drawbacks for the wetlands,” she said. “We just want there to be some safeguards so that all our work hasn’t been in vain.”

Flushing Airport wetlands to be restored

From the Times Ledger:

The city is set to restore 12 acres of wetlands surrounding Flushing Airport as part of a plan to extend 132nd Street in College Point.

The city Economic Development Corporation released a public bid last week to find a general contractor to work on the project, which will restore the open wetlands that are home to many plant and animal species.

The restoration work is required by the state Department of Conservation and will also form a stable foundation for the roadway, the EDC said.

The restored wetlands will also provide a habitat for wildlife life to thrive and will filter toxins from water which drains into Mill Creek and Flushing Bay.

The Flushing Airport was once one of the city’s busiest airplane hubs before it was closed in 1984, but has since sat idle and vacant.

Part of the site, which is not protected as wetlands, came close to being redeveloped in 2004, but plans pushed by the Bloomberg administration to build a 585,000−square−foot wholesale distribution center were scuttled amid significant community opposition.

A few years later, a number of community leaders tried to convince the EDC to build a soft recreation site there. It would have included baseball fields, a driving range, an education center and nature trails, all designed with green infrastructure in mind, but the city did not approve the plan.

A spokesman said EDC continues to explore possibilities for the site.

James Cervino, a marine scientist who pushed for the soft recreation site and the chairman of Community Board 7’s Environmental Committee, said that if the land is redeveloped for industrial use, it will require a buffer zone around it to ensure the wetlands are not contaminated.

Paul Vallone continues to deny his past as a lobbyist

From the Times Ledger:

Community Board 7 is asking the state attorney general to investigate how unauthorized soil was dumped on a waterfront lot in Whitestone where a luxury housing development is planned, TimesLedger Newspapers has learned.

The board sent a Feb. 20 letter to Attorney General Eric Schneiderman requesting a probe into whether or not toxic material was illegally transported to the 13-acre vacant site, known as Waterpointe, where the construction of 52 homes is planned.

That soil was transported under the auspices of Massachusetts-based consulting company EBI Consulting and Whitestone-based contractor Barone Management. The two companies were cleaning the site of historic contamination as part of the state Brownfield Cleanup Program, in which private companies get financial incentives to clean sites following state Department of Environmental Conservation regulations.

The board has had several committee meetings with all concerned parties. CB 7 members Chuck Apelian and James Cervino had recused themselves from making any decisions about the process. Apelian said he had prior business relationships involving the site, and Cervino’s company was hired to import untouched soil to replace the contaminated earth. None of Cervino’s soil was questioned by the DEC.

Paul Vallone, a board member and City Council candidate, also has loose ties to the property. He is a partner in his family law firm, Vallone & Vallone, and is sometimes listed in city lobbyist databases as working for Constantinople & Vallone Consulting LLC, which was hired by the previous owners of Waterpointe in 2006 to lobby the city about the zoning of the property.

Vallone said his name is sometimes listed as a lobbyist as a technicality, since he works at the family law firm, and that he has never worked at his father’s consulting firm.

“My name has nothing to do with this project,” he said.


Ok, we went through this 4 years ago, and chrome dome still hasn't gotten it through his thick skull that no one buys his B.S. on this subject. Pictured above are the partners in the Vallone law firm. Peter Vallone, Jr. is a member of the firm. He is not registered as a lobbyist. Is he breaking the law? I doubt it. The explanation proffered by Paul has been proven to be nonsense, yet he continues to stick with it. Do you really want someone with this level of dishonesty and intellect representing you in the City Council? He's running in District 19, not 30.

Bowne Park pond turns toxic

From the Queens Chronicle:

Area resident Sharon Wohlgemuth and her friends noticed the red-colored algae around June 13 and called 311. It took over the pond and emitted a foul odor. “I come here everyday,” Wohlgemuth said. “I visit with friends, walk and read. Nothing like this ever happened here before.”

She called state Sen. Tony Avella (D-Bayside), who reached out to the Parks Department. When contacted by the Queens Chronicle, the agency sent the following statement: “After noticing the presence of red algae in the Bowne Park pond, we consulted with the NYS Department of Environmental Conservation to advise on a course of treatment. A NYS DEC biologist and environmental engineer visited the site and recommended flushing the system with fresh, cool water. We have been following these recommendations and will continue to monitor the site. In addition, our plumbers will soon make repairs to the pond’s aeration system.”

But James Cervino, a marine biologist and environmental chairman of Community Board 7, said he was very concerned about the condition. “Red algae can be toxic and dangerous to humans and animals,” Cervino said. “I need to know more specifics like what the species is and other technical data.”

DEC officials said Tuesday the state Department of Health has not completed its testings, but warned residents there may be some toxicity associated with it. “The state DOH would like to advise the public to avoid direct contact with the bloom,” officials said.

Cervino, who is also affiliated with Woods Hole Oceanographic Institute, said it is probably one of two species of red algae that can cause liver damage or paralysis in severe cases.

He indicated the red algae condition is caused by excessive nutrients in the water, low oxygen, high temperatures and lack of water circulation. “As the algae grows, it produces a toxin to kill each other off,” he added. “Parks needs to clean out the pond.”

The marine biologist, who said he is “very passionate” about the topic, said it’s necessary to stop the source of pollution, which is probably a combination of sewage, plant nutrients and animal waste.

Why College Point stinks

City rewards Douglaston while crapping on College Point

From the Times Ledger:

The city will be digging up streets in College Point as part of a long-term plan to upgrade the area’s sewer system and prevent pollution from flowing into Flushing Bay and Flushing Creek. To make the construction more palatable, the city has offered to help restore coastal wetlands and put in a kayak launch, according to a plan from the city Department of Environmental Protection.

But a study from the department indicated those wetlands will be in Udalls Cove in Douglaston instead of the coastal areas of College Point, which flabbergasted James Cervino, a scientist and wetlands expert who is also the environmental adviser and a member of Community Board 7.

“I couldn’t believe that,” Cervino said during a presentation to the board’s Environmental Committee. “We need it more.”

The report listed several reasons why the city deemed the College Point coastline unworthy of money. Some parts are under the Whitestone Bridge and the water’s edge is populated with manufacturing buildings, difficult to access and not owned by the city, the report said.

“Therefore, the potential for great ecological benefits can be enhanced by a more robust cumulative wetland restoration that is proposed for a nearby site at Udalls Cove,” DEP said in a report.

College Point superfund site examined

From the Queens Courier:

After years of study, a 10,000-square-foot “hot spot” in the midst of Riverview Homes, 121st Street, north of 5th Avenue, was declared a “Superfund” site by DEP in April – because Polychlorinated Biphenyls (PCBs)-contaminated oil was found in the soil in 2007.

The area is called “College Point 3” in DEP reports, and is bounded by Riviera Court to the north, Capstan Court to the east, Cove Court to the south, and College Point Properties’ Soundview Pointe development to the west.

Much of this now-prime residential real estate north of 5th and Lax Avenues was created by a generation of illegal dumping, according to longtime resident Gary Bonelli, now a principal of LandServ Environmental Group in Long Island City.

“For years, the property owners turned a blind eye and allowed trucks to dump anything – rubble from gas stations, drums from factories. It was before the Clean Air Act and that section was basically one big junkyard.”

According to DEP spokesperson Maureen Wren, the Superfund designation “is the state’s program for identifying, investigating and cleaning up sites where consequential amounts of hazardous waste may exist.”

The next step in the process, she explained, “will be a Remedial Investigation and Feasibility Study to determine a final cleanup approach.”

Existing Riverview homes were tested and “the New York State Department of Health determined that no further action was required,” Wren said.

“The Soundview homes are safe,” said James Cervino, a scientist with LandServ who grew up in College Point. “The builder was forced to do a thorough clean-up before construction.” However, he explained, “Stuff was oozing into excavations from the adjacent property, so the developer sunk a barrier into the ground to keep it out.”

One problem, Cervino believes, is that the oily goo may migrate in other directions now that it is blocked from the Soundview site – even into the Powells Cove Estates site to the east.

Another problem is that, according to longtime residents, somewhere under all that dumped soil, lies an old barge that may be laden with a large quantity of unknown contaminants.

DEP acknowledges that “because of its proximity to the East River and Long Island Sound, this site presents a significant threat to the environment.”

Please pass on the turtle!

From the Daily News:

MARINE PATHOLOGIST James Cervino stood silently in a crowded Flushing supermarket recently as a fishmonger used a giant meat cleaver to hack at a still-writhing turtle.

Cervino watched as the turtle was gutted, stuffed in a bag, and handed over to a female customer.

"That was terrible," said Cervino, 48, of College Point, as he walked out of the Ou Jiang Supermarket on Main St.

Cervino, now a visiting scientist at the Woods Hole Oceanographic Institute in Massachusetts, said he fears that the types of unusual seafood that can be found in local supermarkets and aquariums may be fished using illegal and dangerous means.

Not knowing the true provenance of their seafood could expose New Yorkers to bacterial infections or mercury poisoning. Cervino wants to change that.

"There's no documentation or chain of custody that can be proven to the consumer what the source of these animals is," Cervino said. "If people are eating it wrong, they can get salmonella poisoning and cholera."

The U.S. Food and Drug Administration classifies turtles as seafood, said Jessica Ziehm, a spokeswoman for the state Department of Agriculture and Markets. The FDA uses the Hazard Analysis and Critical Control Points program, or HAACP, to ensure that the fish for sale comes from an approved and inspected source.

"We always make sure that we see the papers to ensure that the turtles did not come from a pond," Ziehm said.

But turtles don't always make for good eating, Cervino said. The salmonella bacteria can often be found on the skin and shells of pet turtles, according to the FDA.

Queens Parks Commissioner Dorothy Lewandowski said her department has received complaints of people poaching turtles from Kissena Lake at Kissena Park, though the agency has yet been unable to confirm it.

College Point condo site contaminated

From the Queens Chronicle:

A bucolic grassy area in College Point overlooking the East River seems like the perfect spot for a picnic. But looks can be deceiving; underneath the ground is a toxic mixture that was just listed on the state’s Superfund program as a Class 2 waste site because it poses a significant threat to public health and the environment.

Area activists have called for its cleanup for years and although they are happy the state finally listened, they said the problem encompasses a much larger area.

The state Department of Environmental Conservation announced the site designation last week, describing it as a common grassy area within the Riverview Condominium complex on 121st Street. Elevated levels of PCB’s and petroleum compounds are present in the soil and groundwater.

DEC spokesman Michael Haggerty said the state will investigate the site — with no clear size designated by the state — within three months and determine the best ways to clean it up. He downplayed the danger by saying, “in reality, the risk is not at the ground level and people probably won’t encounter it.”

But experts like James Cervino differ. He is a lifelong College Point resident and marine biologist, who has spent years investigating the contamination caused by decades of illegal dumping that created the landfill where the condominiums were built in the 1980s.

“We are very aware of the contamination and illegal dumping that took place over the years that should have been remediated during the 1980s,” Cervino wrote to Haggerty. “Due to its mixed landfill and geological composition so close to the wetlands and coastal intertidal zones, there is a strong possibility that there are other areas or hot spots that still need to be addressed in this area.”

According to Cervino, illegal dumping began in 1954 and continued through 1975, which he estimates over the years created 30 to 40 acres of landfill in the College Point peninsula. There is everything in there from tombstones, material from the 1938 World’s Fair to oil drums and a sunken barge. “It’s really not safe to build on because it contains hazardous waste,” he said.

Besides PCBs and petroleum products, the location includes different volatile organic compounds. Part of the contamination comes from crushed drums filled with industrial sludge waste.

Joan Vogt, former president of the College Point Civic and Taxpayers Association, has monitored and fought area dumping there since the 1960s. “The city was horrible and let it happen,” Vogt said. “Money talks and the owners of the property didn’t care. They even buried a barge with oil in the area and it’s seeping.”

She agrees with Cervino that the Superfund designation is just the tip of the iceberg. “It’s everywhere,” Vogt said. “This is just the beginning.”

Lead paint found in Throgs Neck Bridge Park

STATEMENT FROM SENATOR FRANK PADAVAN (QUEENS) ON THE FINDINGS OF THROGS NECK BRIDGE PARK ENVIRONMENTAL ANALYSIS

Last evening I sponsored a well attended important community meeting at Holy Trinity in Whitestone to unveil the findings of a comprehensive environmental toxin analysis surrounding the Throgs Neck Bridge. The analysis conducted by environmental scientist Dr. James Cervino clearly and unequivocally uncovered significant lead paint contamination in the soil samples, which poses serious health risks, and large lead paint chips in piles of debris located under the bridge in ball fields, soccer fields and walking paths enjoyed by children and families of our community.

Additionally, lead paint was discovered north and south and near the ramps of the Throgs Neck Bridge. The data clearly demonstrates that quick action must be taken to resolve this situation. As a result of these findings, I have begun the process of demanding that the Metropolitan Transportation Authority (MTA) remediate the area. I will also be reaching out to the New York State Department of Environmental Conservation (NYS DEC) to work with the MTA and the community in removing any all toxins uncovered by the analysis conducted by Dr. James Cervino.

A similar situation existed a few years ago due to paint scrapping and construction projects at the Whitestone Bridge. The MTA worked to solve the problem and remediated the environment surrounding the bridge. I hope they show the same concern and commitment this time when it comes to cleaning the areas surrounding the Throgs Neck Bridge.

In the coming weeks, I will continue to work with Councilman Dan Halloran, Dr. James Cervino and community leaders to ensure that the MTA fixes this problem quickly so that children and families throughout Northeast Queens can safely enjoy the parklands surrounding the Throgs Neck Bridge.