State Dragging Feet On Flood Mitigation Dredging: Mamaroneck Officials

Editor's note: This article was updated to include a statement from the NYSDEC and a link to the Jan. 24 DEC letter.

MAMARONECK, NY — When the remnants of Hurricane Ida dumped historic rains on the Sound Shore in September 2021, obstructions in the Sheldrake River and Mamaroneck River contributed to deadly flooding.

In the days following the natural disaster, lawmakers, including Gov. Kathy Hochul and Senate Majority Leader Chuck Schumer, promised to help to ensure flood mitigation plans moved forward without government red tape.

"There have been far too many times that Mamaroneck has been beaten and battered by storms only for federal bureaucracy and endless roadblocks leaving them out to dry," Schumer said at the time, speaking from the emergency response center in Mamaroneck. "Tropical storm Ida was a bitter reminder that enough is enough — Office of Management and Budget (OMB) and Army Corps need to move heaven and earth, get Mamaroneck the funding they need and make the village resilient from future storms."

The village also promised to do its part to take immediate steps to try to head off future disasters.

Since then, $1.5 billion in federal funding was approved to begin Mamaroneck flood mitigation construction. In a more immediate step, the village set aside $1.35 million to dredge areas of the waterways that were last cleared in 2011.

Now, months after state leaders stood beside Majority Leader Schumer as he declared, "Enough is enough," Mamaroneck Village officials say that bureaucratic roadblocks are once again stymieing efforts to save lives and property.

Describing themselves as "baffled and outraged," officials in the Village of Mamaroneck decried the latest New York State Department of Environmental Conservation decision, in an official statement released by the village.

In a letter dated Jan. 24, the state agency informed the village that it will not permit the dredging project to proceed without further study.

The mayor, village manager and village trustees said the delay will "only underline the obvious in this flood-prone community."

The letter was in response to the Village’s Title 5 Environmental Conservation Law, Protection of Waters, Article 25, Tidal Wetlands, and Clean Water Act Section 401 Water Quality Certification, according to a statement released by the village.

"Mamaroneck was devastated by massive flooding and remains under a storm water state of emergency — we simply cannot continue living like this," Village Manager Jerry Barberio said. "It is time for the NYS DEC to step-up and cut the red tape that is hampering the Village’s dredging project from proceeding and they need to clear the path, not schedule more meetings that disrespect our most vulnerable populations who are still suffering from devastating losses."

In the weeks following the village’s recovery from the deadly flooding, which caused more than $100 million in damages, officials approved $1.358 million towards the dredging project that was identical to a similar one completed in 2011. Working in tandem with the U.S. Army Corps of Engineers $88 million flood risk management project, the village intended to augment the USACE project by re-dredging the areas that were previously dredged.

The DEC told Patch that the letter does not mean that dredging will not eventually be permitted, and in fact, the state agency is committed to working with the community to help move flood mitigation efforts forward.

"DEC is committed to working with the village of Mamaroneck to address ongoing and recent flooding issues as part of statewide efforts to advance proven and innovative strategies and make investments to address flooding to protect public safety and the environment," the NYSDEC said in statement to Patch. "The Jan. 24, 2023, correspondence from DEC was not a final decision of the village’s permit application, but rather technical comments on the village’s application and items required for a complete application. This is a priority project for DEC and staff anticipates meeting with village officials and other appropriate agencies in the coming weeks to identify a solution to address this issue."

In 2022, the village received Mamaroneck and Sheldrake Rivers Stream Control Permit No. 176 from Westchester County and were assured by the DEC that an Article 15 Stream Disturbance permit would not be required, according to village officials.

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"The Village proceeded to work with GEI Consultants, Inc. a highly recognized engineering and environmental firm to work with New York State’s Department of State and the U.S. Army Corps of Engineers," Barberio said. "At this point, we need the help of our State elected officials. The Village seems to have come to an impasse with the NYS DEC. We call upon Governor Kathy Hochul, and our State Legislators — State Senator Shelley Mayer and State Assemblyman Steve Otis — to intercede on our behalf and to persuade the NYS DEC to see the danger and recklessness of waiting to provide relief to our low/moderate income residents who constantly live under the threat of catastrophic flooding."

Village of Mamaroneck Mayor Tom Murphy said that while the village deals with red tape, the next storm is only a matter of time.

"When Mamaroneck gets hit with the next flood and people ask what their government has done to protect them, I believe saying that we filled out voluminous forms and did protracted and needless studies will be viewed as a very insufficient answer," Murphy said.

The Jan. 24, letter from the DEC can be viewed here.

During the February 13, Board of Trustees work session, the village engineer and coastal resource specialist will be present to provide their expertise.

The village is encouraging residents interested in voicing their concerns to send an email to mayorandboard@vomny.org and jbarberio@vomny.org with "Response to NYS DEC" in the subject line.