Federal board: Kings Park rail line would have 'negligible' environmental impact

The federal Surface Transportation Board recently found a controversial plan to build a 5,000-foot rail line in Kings Park to haul away incinerator ash and construction debris would bring few or no negative effects to the environment.

Townline Rail Terminal LLC, owned by Kings Park-based construction and demolition and organic waste processor CarlsonCorp Inc., is seeking approval from the federal freight rail regulator to bring a rail spur onto 82 acres near Town Line and Pulaski roads that would branch off the Long Island Rail Road Port Jefferson line.

The findings are in the federal board's draft environmental impact statement. The board will make its final decision on whether to authorize the rail line after issuing a final impact statement following input from the public.

The Surface Transportation Board has final authority on approving and building the rail line, but the Town of Smithtown and New York State have to approve or deny permits for anything else on the rest of the site, such as buildings and driveways, town spokeswoman Nicole Garguilo said.

Michael Booth, a spokesman for the federal board, declined to comment on whether the agency was closer to scheduling a vote on the project. The public comment period on the board's draft findings ended Monday.

Toby Carlson, who owns CarlsonCorp, controls the property. The business owner also is seeking town and state approval to operate a freight rail facility at CarlsonCorp’s property on Old Northport Road.

Inbound trains would carry lumber, automobiles and aggregate materials, which the U.S. Environmental Protection Agency defines as material such as sand and gravel that can be used to make concrete or asphalt. Departing trains would carry containers with up to 1,500 tons of incinerator ash, Newsday previously reported.

The board concluded such a rail spur project would have “negligible impacts” on the environment, except for vegetation, wildlife habitats and threatened and endangered species. Impacts on those resources could be “minimized” with strategies including: compliance with dust control requirements and federal decibel noise limits for train operations, and working to cut back on construction-related air pollutant emissions.

Kings Park Civic Association president Linda Henninger said in a statement that the federal board's draft environmental impact statement is “significantly lacking” regarding “important environmental issues.”

Henninger, who also is co-president of the Townline Association, which opposes the project, said potential threats to air quality and a nearby aquifer got “just a passing mention” or were “not mentioned at all.”

“Placing a freight yard must be done with thoughtful consideration, carefully identifying unintended consequences,” Henninger added. “In this location, the consequences are doozies and outweigh the benefits.”

However, a statement from Carlson called the board's impact statement “a thorough and thoughtful look at potential environmental impacts” of the project. He reiterated the board's findings that there are no surface waters, wetlands, flood plains, drinking water intakes or wells in the area.

Carlson added that his company’s goal is to cut down on truck congestion by using the rail to transport ash and construction and demolition debris, “which has been proven to be more cost effective, fuel efficient and safer, and reduces nitrogen dioxide particles and greenhouse gas emissions.”

 In July 2022, New York State Department of Transportation officials wrote to the federal board they couldn't provide detailed information on what environmental resources might be affected by Townline’s proposed rail project, records show. 

However, state officials recommended screening the area for contaminated soil and threatened and endangered species and seeing how the project would address air quality standards.  

Smithtown Supervisor Ed Wehrheim wrote to the federal board in July 2022 saying the town anticipated the proposed rail terminal would “increase the demand for industrial uses on the applicant's properties” and would “have potential environmental impacts.”

However, Wehrheim told Newsday last year a rail facility could help address the town’s waste problem with proper oversight.

“I still support rail, provided that it's not damaging to the environment,” he added in an interview Wednesday.

Garguilo, the town spokeswoman, said in a statement Smithtown officials wouldn't comment on the federal board's new findings until they've had “ample time to have our experts look it over.”

Transfer stations involving rail lines will be needed to help compensate for the closing of the Brookhaven Town landfill, local officials and waste industry experts have said.

The landfill will stop taking construction and demolition debris at the end of this year, forcing construction companies to find other places to dump scrap wood, metal, concrete and other material.

Besides Kings Park, such transfer stations have been proposed in Yaphank, Medford and Brentwood. 

With Carl MacGowan