Snowball Comments of Judith Enck, Deputy Secretary for the Environment
01/26/2008

Remarks of Judith Enck, Deputy Secretary for the Environment
Belleayre Spirit of the Catskills Award Dinner


"On behalf of Governor Spitzer, it is my pleasure to be with you tonight and to accept this award for the Governor. He sends his regards and regrets that he cannot be here tonight but very much appreciates this wonderful gesture.

Before I talk about the details of the "Agreement in Principle", which I like to call the compromise agreement, I want to acknowledge a few people in the audience.
Congressmember Maurice Hinchey. I got to know the Congressman over 20 years ago when he chaired the Environmental Conservation Committee in the State Assembly. During his time in the Assembly and now in Washington, Maurice has been an extraordinary voice for environmental sustainability. His leadership has resulted in protection of public lands, cleaning up the Hudson River, historic preservation and responsive government. He is always working in the public interest and is a leader of unmatched integrity. It is always a pleasure to be in his company.

We are also joined by my colleague Michael Balboni and his wife Stephanie Balboni. Michael serves as the Governor's Deputy Secretary for Homeland Security. He is a former accomplished state legislator. It is a pleasure to work side by side with Michael and we are so fortunate to have him as an essential part of the Spitzer Administration.

Since taking office in January of 2007, and during his prior 8 years as Attorney General, Governor Spitzer has been a leader in protecting our shared environment. As Governor, he has articulated a clear vision:
We can have environmental protection and sustainable economic growth.
We can have clean water and good jobs.
We can protect open space while growing the innovation economy.
We can revitalize Upstate; providing economic security for our families while also vigorously protecting our natural resources.
These are not either or propositions. These goals are the cornerstone of the Spitzer Administration and they are reflected in the Governor's recent State of the State Address and his proposed executive budget.

Smart business leaders get it. Financial lenders get it. The environmental community has been articulating it for decades. And for the most part - the general public embraces it.
We can have economic stability and environmental protection, at the same time. In part, in this changing economy, economic development and environmental sustainability are mutually reinforcing goals that will enhance the state's competitiveness.

For instance, we know that global warming is a major issue. Businesses, especially those in the energy and transportation sectors, that do not make global warming part of their equations, will imperil their ability to succeed in the future.

The same goes for the ski industry. According to NASA, last year was the second hottest year on record. If the ski industry doesn't recognize the impacts of global warming, it too will not be prepared for future challenges and risks.

The Agreement in Principle on the proposed Crossroads Resort Project illustrates that we can, and indeed must, balance economic growth with environmental protection. It certainly is not easy, but it can be done.

It was just about a year ago, that all the parties approached the Governor and asked him to mediate this dispute about whether or not the resort should be built. The developer, the environmental groups - all came to us separately and asked the Governor to take on this issue.

At first, both the Governor and I resisted the request. We knew it was an important project for the region, situated in the very important New York City watershed. And we knew that the community was divided. It's just that we were brand new in the Capitol, learning the ropes and we knew that this was a next to impossible assignment.

But, because Eliot Spitzer is a true leader...
And because, my parents named me after St. Jude - the patron saint of lost causes - the Governor decided that we would give this a try.

The environmental community, local citizen activists, the developers and the City of New York all had extremely valid viewpoints, perspectives and concerns. The parties asked the Governor's Office to roll up our sleeves to try to facilitate a common ground. Every single person that was part of the negotiations was smart, savvy, tenacious and did their homework. Every inch of real estate was examined with microscopic precision. We simply asked people to come to the table with an open mind. And they did.


We met for countless hours in the ornate Blue Room of the Capitol. The room used to be the Court of Appeals Chambers. It is historic. But it has terrible lighting and even worse acoustics. But, when you meet in that room - you know that the stakes are high and that you must come to the table with integrity and purpose.

********

Allow me to briefly outline the major terms of the agreement in principle:
This is a $400 million dollar project that will create:
450 permanent jobs
150 part-time jobs and
1,800 construction jobs

The State will purchase the closed Highmount Ski Center and add those ski facilities to the state-owned ski center. This is a good opportunity to re-use an existing but long-closed facility.

The state will acquire over 1,200 acres of forest land on the Big Indian Plateau, to be added to the Catskills Forest Preserve. This public land will provide essential habitat, water quality protection and be a tremendous legacy for our children.

When you compare the land that will be part of the project, to the land that would have been part of the original proposal, the land area is reduced by 66%. Instead of 572 acres to be developed, 273 acres will be developed.

Most notably, of the land that will be part of the project, the foot print , such as the buildings, the parking lots, etc. will cover only 1 1/2 of the land.

The total road length will be 3.2 miles, rather than 8.2 miles.

The total lodging structures are reduced from 121 to 77.

This is all very important because it directly impacts water quality.

Remember, I said that 1 1/2 percent of the property will have an impervious surface, meaning buildings or pavement. The environmental rule of thumb is that you should strive for no more than 8% impervious surface. This project is well within the margin of safety at 1 1/2.%.

As we all know, this area of the Catskills is part of the New York City watershed. The upstate reservoirs provide clean reliable drinking water to over 8 million New Yorkers. I know that this is sometimes a source of tension, but the people of the Catskills should be proud of providing this amazing resource to their downstate neighbors. We know the drinking water reservoirs, need to be protected. But, ensuring water quality also means protecting the streams that feed into the reservoirs, wetlands and the groundwater that recharges the surface water.

All wastewater from the resort site will go to the Pine Hill Water District. It will receive the highest level of treatment that exists in the state of New York. Just to put you in the mood for dessert, the waste water will receive tertiary treatment with micro filtration and phosphorus removal. It will be carefully monitored and the developer will pay fees to the Pine Hill water district. The plant was built by the City of New York and we appreciate their cooperation in making this element of the agreement work so well.

Additional parts of the agreement will protect trout streams.
Water withdrawl on Birch Creek will be more restricted than it is today. Because of legitimate concerns about how the project may affect other growth in the region, the state is providing half a million dollars for smart growth projects along the Route 28 corridor.

The one remaining golf course will be organic. It's important that we don't have toxic pesticides and fertilizers running off the land and into streams and wetlands. The major buildings will be certified green buildings - saving energy and natural resources.

I am proud of this agreement and more proud of the people who have signed on to the agreement.

I want to take a moment to recognize each of the signatories.

The City of New York, particularly Dept of Environmental Protection Commissioner Emily Lloyd and her very capable staff.
Crossroad Ventures -lead by Dean Gitter and his partners.
I want to recognize the work of Dan Ruzow, the attorney for Dean Gitter who was a phenomenal voice of reason.
The non-profit organizations that stuck their necks out and have signed:
Riverkeeper
Theodore Gordon Flyfishers
Trout Unlimited
The New York Public Interest Research Group
The Zen Environmental Studies Institute.
The Natural Resources Defense Council
The Catskill Center for Conservation and Development.
If there are representatives of these groups here, please stand up and allow us to applaud your leadership.

I just want to say a few words about the bumpy reception this agreement is receiving in some quarters. I want to emphasize that every detail will be analyzed in a new Supplemental Environmental Impact Statement. All decisions will be subject to the State Environmental Quality Review Act. All state and local laws and regulations still apply.
I understand that some local citizens disagree with this compromise. They think the project is still too large, will impact the scenic beauty of the region or will in some way damage the environment.

While I personally do not agree with that assessment, I honor their role in the process. I respect their right to speak out and voice their opinions. This community is anything but apathetic. The people of the Catskills care about their communities. I think it's a wonderful thing when people show up at town board meetings, pack DEC public hearings and debate the merits or demerits of the proposal with their neighbors.

I know situations get heated at times - and I wish they weren't. I know people sometimes engage in personal attacks - and I wish they didn't. But, if we all agreed all the time, what a boring world we would live in. As a representative of state government, I urge everyone to voice their opinions on this project. More information and more perspectives result in better decision making. I think the compromise sets the bar very high for future development projects. It shows that people of different perspectives can come together in the spirit of compromise.

We have found some common ground here. I am proud to have been part of this agreement that holds the promise to do wonderful things for the local economy, the families of the Catskills and our precious shared environment.

On behalf of Governor Spitzer, he thanks you for this very kind award."

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