DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

FROM DEP LEGAL W --- NOV-30-2000 13:56

MEMORANDUM

From:

Re: Underground Use of Parkland

Date: November , 2000

importance to all The City of York is currently litigating two issues of major parkland within their local jurisdiction. New

municipalities throughout the_state which have mapped York State Court of Appeals on January 3, The two issues, which will be argued before the New 2001 are: place a water treatment plant 1) Is State legislative approval required for the City to underneath Van Cortlandt Park (a mapped park) and City may withdraw from parkland use 2) Is State legislative approval required before the construction of the proposed WTP for the the amount of parkland that will be interfered with by restore the parkland to park use? time currently estimated to construct the WTP and an amicus brief supporting the City's For the reasons set forth below, the City urges you to file negative. position that both questions should be answered in the

Background consent decree, to design, build, and The City is required, pursuant to a federal court water from its Croton watershed. The operate a water treatment facility (WTP) to treat drinking approval to construct this facility City proposed, and obtained local legislative land use construction of the 'WTP (construction underneath Van Cortlandt Park. Following completion of disturbed during construction (23 acres is to last six years), the portion of the park that had been point of fact, the park will be of a acre park) will be restored as usable parkland. (In restoration). enhanced through improvements to be made as part of the federal court consent decree) and The State of New York (which is also a party to the disruption of the park during various citizen groups brought an action alleging that the the park constituted construction as well as the ultimate placement of the WTP beneath was required. The City argued that alienation of parkland for which state legislative approval the construction would be for a under state law neither action constituted alienation because underground, and the park would defined and reasonable period, the plant would be completely new facilities) once construction was be fully restored (and in certain respects improved with

NYC-WTC 000137830