The Trentonian (Trenton, NJ)

Lawsuit threatens to stall daylightin­g project

- By IsaacAvilu­ceaiaviluc­ea@21st-centurymed­ia.com @IsaacAvilu­cea on Twitter

TRENTON » The city has scared the daylights out of Veolia Energy Trenton.

The utility company is trying to stop the city from moving forward with demolition of a concrete culvert that it says could cause a “catastroph­ic collapse” and destroy thermal and chilled water lines.

The lawsuit threatens to hold up progress on the much-heralded Lower Assunpink Creek Daylightin­g Project. The city and project partner United States Army Corps of Engineers (USACE) are named in the lawsuit filed this week in state court. It has since been moved to federal court, records show.

Veolia Energy wants the oft-delayed $8 million daylightin­g project indefinite­ly shelved until the city agrees to install “shoring” to prevent a potentiall­y devastatin­g collapse that could damage utility lines providing service to 35 customers in Trenton’s business district.

The lines were installed in the 1980s in an area governed by an easement agreement the city had with Trenton District Energy Company (TDEC). TDEC was succeeded by Veolia Energy Trenton, which owns and maintains the thermal and chilled water lines that sit atop a stretch of the concrete culvert nearest South Broad Street, according to the lawsuit.

The utility lines service federal, state, city and county buildings, including the Department of Environmen­tal Protection — a staunch supporter of the daylightin­g project — the Statehouse, War Memorial, Edison College, Mercer County Community College, City Hall, the Mercer County courthouse­s and the troubled Lafayette Park Hotel & Suites, the lawsuit said.

Attorneys for the utility company presented the demolition of the damaged concrete culvert as a potential crisis.

“A total or partial collapse of the culvert and resulting damage to plaintiff’s lines would likely result in … personal injuries, death, lengthy service interrupti­ons to a large portion of downtown Trenton, lost profits and/or lost resources for all individual­s and entities impacted,” attorney Christophe­r Torkelson wrote in the lawsuit on behalf of Veolia Energy.

The restoratio­n project included demolition and removal of a 475-foot collapsed concrete culvert that has housed a stretch of the creek flowing underneath downtown Trenton.

Boston-based Charter Contractin­g Company LLC was awarded a $4.7 million contract to help complete the three-phase project transformi­ng the dilapidate­d concrete patch into a two-acre green space, with the creek running through the middle of the park.

The restoratio­n efforts were expected to be finished this fall but that timeline may be derailed if litigation isn’t quickly resolved.

An emergency state court hearing was set for Thursday morning before the case was moved because it involves a federal agency. A district court judge scheduled a status conference for July.

In the meantime, the two sides must meet to see if they can work out difference­s and come to an agreement.

The city didn’t immediatel­y respond to a request for comment on the lawsuit. And the sides appear distant from a deal, as the utility company’s lawyers chided the city in a letter attached to the complaint for its “do-nothing approach.” The city contends the utility company never voiced opposition to reconstruc­tion efforts until now.

“What you have mis characteri­zed as the city’s ‘ do nothing approach ’… was the project team’s choice to remove the area of the Veolia pipe crossing the project area. This decision was made approximat­ely two years ago,” city law director Walter Denson wrote in a letter in February. “There has been no prior claim from Veolia that this change caused any harmor discomfort to Veolia, nor are there any reports that Veolia ever challenged the revised plan at the time.”

The utility company’s lawyers outlined in the complaint that the city balked on a previous agreement to foot a $1.7 million bill to temporaril­y relocate the utility lines and reinstall them after repairing the part of the culvert where the lines are located.

In 2016, the city “unilateral­ly changed” that proposal due to lack of funding, replacing it with a plan to remove most of the concrete culvert leaving only a 70-foot remnant underneath the lines.

Veolia Energy is concerned about the “structural integrity” of the concrete culvert during demolition because it collapsed in 2006 as a result of rusted steel that weakened metal beams.

Citing USACE reports and letters describing the culvert roof as being in “very poor” and “failing” condition, the utility company tapped another engineerin­g expert that concluded the culvert roof’s structural deficienci­es make it “imperative” for installati­on of support beams that help prevent collapse, before demolition.

The city so far has refused to delay the project to install the shores, the lawsuit said.

“There is a substantia­l risk that if the culvert roof is further weakened when the proposed remnant is severed from the balance of the culvert causing the proposed remnant to suffer a total or partial collapse, the results will severely jeopardize and/or damage the public health, safety and welfare because the lines are located in Trenton’s central business district,” the lawsuit said.

“The shoring of the culvert, or the proposed remnant, ensures and safeguards the public health, safety and welfare by preventing the potential for a catastroph­ic collapse of the culvert, which would damage plaintiff’s water lines and release destructiv­e energy from the failures of plaintiff’s water lines … The city has knowingly, willingly and recklessly refused to undertake the necessary shoring of the culvert before commencing demolition in violation of its duty of care to plaintiff and to the public.”

 ??  ??
 ??  ?? Above, This rendering, provided by Brownfield Redevelopm­ent Solutions, depicts the Lower Assunpink Creek after the ecosystem restoratio­n project is complete. At right, A fence prevents pedestrian­s from falling into a concrete culvert that collapsed in 2006.
Above, This rendering, provided by Brownfield Redevelopm­ent Solutions, depicts the Lower Assunpink Creek after the ecosystem restoratio­n project is complete. At right, A fence prevents pedestrian­s from falling into a concrete culvert that collapsed in 2006.

Newspapers in English

Newspapers from United States