Bay Head citizens led by Sue and Brian Shore have won an enormous victory by persuading NJ Transit to relocate their diesel refueling facility away from Bay Head Junction. SBB played only an advisory role on this issue; but we thought you would like to know! Read SBB’s testimony.

An update from Sue Shore on the victory at the Bay Head rail yard:

On Tuesday, Dec. 10th, 2002, Mayor Petracco, our environmental attorney Bill Sullivan, and myself went to Trenton to meet with an attorney and representatives of New Jersey Transit, and an attorney with the DEP with the purpose of reaching a settlement with NJT pertaining to the Bay Head rail yard. We presented our concerns and possible solutions to these representatives and brought back a proposal for the town Council to consider. On Tuesday, Dec. 17th, after Bill Sullivan and Council President John Berko presented the terms of agreement between NJT and Bay Head to the town Council, they voted unanimously to approve the agreement.

In brief:

Bay Head will drop their appeal to the DEP in regard to the issuance of the CAFRA permit for the NJT site in Bay Head.

New Jersey Transit will do the following:

1) Remove the fueling operation provisions from their plan for the Bay Head yard.

2) Modify their application with the DEP to reflect the removal of the fueling operations from their plan. That is, remove the canopy and tank farm from the site plan.

3) Remove all gravel that had been determined to be contaminate from the site.

4) Plant evergreen trees at certain locations to provide a sound and visual barrier to the rail yard from the surrounding areas.

5) Alter their present method of applying defoliant to the tracks as to preserve effect on the surrounding plant life.

6) Test and remediate any area of the Bay Head rail yard that has been contaminated in any way as per evidence of the historical records provided by the DEP to Bay Head.

7) Meet with Bay Head representatives quarterly to address quality of life issues.

8) Provide Bay Head officials with direct contact phone numbers for supervisors of the Bay Head rail yard so complaints and concerns can be quickly addressed.

9) Provide to Bay Head officials certification of cleanliness of any gravels or soils deposited in the Bay Head rail yard.

10) Provide Bay Head officials with an definitive figure of the amount of wetland and transition areas that may be disturbed by the proposed project and not exceed that amount.

11) Provide Bay Head officials with an definitive figure of the amount of impervious surfaces that will be created by the proposed project and not exceed that amount.

12) Provide Bay Head officials with an definitive account and location of any roads that will be created by the proposed project and hold themselves accountable to that plan. NJT has agreed to remove some roadways necessitated for construction after the project is completed.

Of course, our attorney will provide for consequences to NJT by the DEP if this agreement is not adhered to.

The pit pedestal is going to have to be built in this and 6 other NJT yards as mandated by the Federal government to provide for break system inspections. The issue was not negotiable.

I hope you are pleased with the outcome of this battle. We all did a great job working together on this issue and I don’t think Bay Head could have dreamed of a better resolution.

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Read SBB’s testimony in support of Bay Head on this issue.