|
The Valley Breeze |
Thursday, September 27, 2007 |
|
|
Further By ETHAN SHOREY, Valley
Breeze Staff Writer NORTH SMITHFIELD – In an
unexpected turn of events, the United States Army Corps of Engineers, USACE,
has ordered Bucci Development to stop continued construction of its Dowling
Village retail mall beyond Phase 1 over fear a dragonfly and other endangered
species may be harmed. A letter last week from
the USACE, a regulatory body that must give approval for all construction in
the nation involving bodies of water, states that the corps may stop
construction whenever there are concerns either for the environment or for
"factors of the public interest." "I have made a
preliminary determination that a corps permit is required," states the
letter from Diane M. Ray, manager for the New England District of the corps,
for Curtis L. Thalken, colonel of the Army Corps of
Engineers. Paula G. Kullberg, permit
project manager with the USACE, said she believes that because the letter is
in response to DEM permits submitted after phase 1 of the project had
started, construction near Eddie Dowling Highway may continue. Anything
beyond that, she said, is not allowed. "Not until we have
opportunity to get out there and look things over," she said, of further
development. Kullberg said that the
USACE needs to find out for sure if anything within Phase 1 is within its
jurisdiction, and if so, that work could be halted too. The cease and desist
letter states that after a review of plans and information from Dowling
Village's engineer, DiPrete Engineering Inc., documenting
the presence of a Rhode Island endangered species called the ringed boghaunter (see related story on page 6), and two
other species of special concern, further study must be conducted. The area
of special priority is at Booth Pond, in the middle of the development. The letter was sent to DiPrete Engineering, Charles A. Horbert,
the permitting supervisor for the Office of Water Resources with the state
Department of Environmental Management, and Donald Gagnon, chairman of the
North Smithfield Conservation Commission. "This is big,"
said Gagnon, when contacted about the letter. "Thank goodness that
the USACE has gotten involved and recognized the environmental part of
this," said Paul Zwolenski, vice president of the Town Council. "They have a lot more
influence than the town does; they'll be looking at this, scrutinizing this. "The first thing that
happens when it's just the town involved is (that) their attorney says,
'We're going to take you to court.' This is the federal government; they can't
say that," he continued. Zwolenski and several
other council members have been vocal in cautioning and even coming out
against the Eddie Dowling Highway development that they say will have a huge
impact on the future look, feel and structure of the town. Bucci attorney Michael A.
Kelly said he wasn't surprised by the letter at all. "We've been working
on this matter for quite some time, actually several months," he said. He declined to elaborate
on exactly what the developer has been working on to address the issues in
the letter. Bucci Development representatives have been working with various
environmental organizations to increase the buffer zone around Booth Pond. Last November,
representatives from the VASG and Dowling Village agreed to stop any further
litigation between the two parties over the development. The agreement
featured a stipulation that both organizations would work to reduce the
overall size of the village, while increasing the open buffer space around
Booth Pond, the main home of the endangered dragonflies. Caroly Shumway, president
of the Valley Alliance for Smart Growth, VASG, and Mary McDonald, president
of the North Smithfield Land Trust, have been instrumental in drafting
reports in recent months on the environmental impact of development on Booth
Pond and its fragile wildlife, and now, the USACE has taken notice. The letter from the USACE
may put a serious damper on the immediate plans for Dowling Village, as it
lists several major reasons for ceasing construction other than the
endangerment of wildlife. The letter states that the
USACE has reviewed the plans submitted by DiPrete
Engineering to the RIDEM in April of this year, documenting the presence of
the dragonfly. The following are some of
the concerns USACE details in the letter, gained from the documents submitted
to the DEM: - The planned filling in
of certain wetlands on site. - That there will be a
definite impact to water quality and groundwater recharge from stormwater runoff and impervious surfaces. - That there will be
"greater than minimal individual and cumulative adverse environmental
impacts on aquatic resources under purview of the USACE and must be reviewed
under Category 2 of the CT PGP (Programmatic General Permit)." Dowling Village is a
potential mixed-use development, with restaurants, retail stores, box stores,
condominiums, and expansive parking lots. If completed as the plans currently
stand, it would be the largest such development in North Smithfield, nearly
twice the size of The Crossings in Smithfield at routes 44 and I-295. According to
conservationists, Booth Pond is the second most important body of water in
the state for endangered dragonflies. It features plenty of other wildlife
and is a key spot to protect for future generations. Dragonflies are
typically indicative of a healthy watershed, according to experts. The USACE Web site states
that the corps is meant to "protect the nation's aquatic resources,
while allowing reasonable development through fair, flexible and balanced
permit decisions." Bucci Development was
given 10 days to request a meeting with the USACE to explain their position.
If a response is not received, the governing body will make its own
determination on the "appropriate level of review for your
project," according to the letter. |
||