Goldman, State Environmental Agency Push Army Corps to Revise Flood Plan
U.S. Congressman Dan Goldman is leading a coalition of elected officials and activists in pushing back against a controversial flood protection plan by the U.S. Army Corps of Engineers (ACE), known as the New York-New Jersey Harbor and Tributaries [HATS] Focus Area Feasibility Study. The $52 billion HATS plan (the most expensive such plan in the nation) proposes storm surge barriers across waterways around the metropolitan region, and miles of walls and berms at the coastline. The plan, however, does not protect against more frequent types of flooding, such as tidal and river flooding, heavy rainfall, groundwater emergence, erosion, and sea level rise.
“To ignore these flooding threats that endanger our region would be an irresponsible use of taxpayer dollars,” Mr. Goldman said.
In September, Mr. Goldman and a bipartisan group of 13 other members of Congress representing New York and New Jersey wrote to Assistant Army Secretary Michael L. Connor, who oversees the ACE, expressing concern that the plan did not comply with federal laws and policies. In particular, they voiced objections that the anti-flooding measures proposed by the HATS analysis “address flood risk insufficiently” because the focus was primarily on extreme-weather events, and noted the legal requirement that the plan “protect New York and New Jersey against multiple varieties of flooding.”
The coalition of legislators also noted the statuary requirement that ACE prioritize “natural and nature-based features and nonstructural approaches over barriers.” This touches upon a local concern, as the initial version of the HATS plan for Lower Manhattan calls for a 12-foot-high seawall running through Hudson River Park, wedged between the bikeway and the pedestrian promenade. The preliminary plan calls for the structure to begin in Tribeca (where it will link to the Battery Park City Authority’s North/West Resiliency plan) and continue uptown at least as far as West 34th Street.
Community Board 1 enacted a resolution last year advocating for “increased consideration of nonstructural, natural, and nature-based solutions,” rather than a stark concrete wall. The Board also urged ACE to conduct greater outreach to local residents and allow for an extended period of public comment, and called for “robust public engagement, especially with frontline communities impacted by the project, to facilitate collaborative project planning and decision-making.”
The September letter from the coalition of House of Representative members prompted New York State Department of Environmental Conservation Commissioner Basil Seggos, in mid-November, to notify ACE of similar concerns. This letter from the State’s top environmental official triggered a federal requirement that ACE conduct a “multi-hazard” assessment of all measures included in the HATS analysis, and that it evaluate all sources of flooding, rather than focusing on storm surge. The letter also triggers a statutory mandate for ACE to create a Supplemental Draft Environmental Impact Statement (along with opportunities for public review and comment) that must feature new analyses and new or modified plans. Finally, the law prohibits ACE from finalizing a plan for New York and New Jersey waterfronts until it has completed these steps.
“I am thrilled that the DEC formally requested that ACE revise their flood protection plan to include a comprehensive approach to flood risks across the New York and New Jersey harbor,” Mr. Goldman said in response to Mr. Seggos’s notice to the Army Corps. “While the initial proposal failed to sufficiently address the flooding risks faced by our communities, I am encouraged at the hope for a revised plan that will protect New York and New Jersey’s coastal communities.”