South Fork Wind does NOT have authority to close Montauk Hwy
The NYSDOT permit (see below & available here) that the East Hampton Town Board and South Fork Wind have been keeping from residents does not grant South Fork Wind authority to shut down Montauk Hwy. Therefore, South Fork Wind has been proceeding with construction illegally.
According to South Fork Wind’s own Highway Work Plan, it may only implement a “detour scheme […] for a potential full night closure of Montauk Highway at Wainscott Northwest Road […][with] approval by NYSDOT” (see Highway Work Plan at p. 8, click here).
South Fork Wind does not have that approval. Accordingly, “no lane closures are allowed in NYSDOT owned highways and one 12-foot lane in each direction will be maintained.”
South Fork Wind has been and plans to continue to operate in violation of NY Highway Law § 52 and NY Vehicle and Traffic Law § 1220-c.
Late night, South Fork Wind shut down Montauk Highway and
diverted traffic through the residential neighborhood of Wainscott.
According to East Hampton Town Councilwoman Cate Rogers, the private developer can
shut down Montauk Hwy and implement a “detour scheme […] to
expedite construction times.” Ms. Rogers also admitted that “the full closure scheme
will require advanced coordination and approval by NYSDOT” and
that “SFW has received the required DOT approval.”
However, the Town appears to have lost South Fork Wind’s permit.
Despite requesting to see the permit yesterday (April 12), the
Town has not produced a signed copy allegedly issued by the NYSDOT.
Does South Fork Wind have a permit?
Did the Town check South Fork Wind’s permit before closing Montauk Highway?
If South Fork Wind has a permit, why has neither it nor the Town been able to produce it?
Taken on April 12 around 9:30 om.
Taken on April 12 around 9:30 om.
After waiting patiently, an angry and aggressive South Fork Wind construction worker on Beach Lane claimed (falsely) that I was “in a work zone” and “that’s against the law,” then shouted (through a closed window) - “Hey! Move! It’s against the law!” At the time, the worker had waved me through, so, I proceeded slowly ahead. Afterwards, he filed a police report making spurious allegations.
Since September 2018, South Fork Wind has refused to provide any PFAS soil or groundwater test results to any regulatory agency for review. There has never been an environmental review that includes any analysis of PFAS contamination. Along South Fork Wind’s construction corridor, such contamination exceeds US EPA and NYS DEC standards.
South Fork Wind identified the next-door house in its Initial Hazardous Waste and Petroleum Work Plan (see Table 1 at p. 204). The summary reads: "Fire at a house on Wainscott-Northwest Road in Wainscott. [House no. redacted] Wainscott- Northwest Road in Wainscott, close to Montauk Highway" on 23-Aug-07. South Fork Wind never tested the soil for PFAS contamination downgradient from the site.
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