LI landscaper to pay $100K in settlement with New York AG over destruction in Pine Barrens

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A Long Island landscaper will pay $100,000 in a settlement reached with New York Attorney General Letitia James and the Central Pine Barrens Joint Planning and Policy Commission.

In the settlement, Stephen Affato and his Yaphank-based company Affa Organics are to pay a civil penalty of $100,000, and will fully restore the site. Affatato will be required to pay an additional $200,000 if he fails to complete the site restoration.

Located on what state officials describe as Long Island’s largest source of drinking water, the Pine Barrens requires preservation to ensure that residents have access to clean water.  According to James’ office, Affatato had destroyed acres of this land by bulldozing and excavating soil, cutting down trees, and clearing natural ground cover, harming the Pine Barrens’ delicate ecosystem.

“Long Island’s Pine Barrens are among New York’s most precious natural resources, and their protection is paramount to the health of Long Island’s drinking water and our shared environment,” James said in a news release about the settlement.

“Stephen Affatato ignored the law and destroyed protected land for his own benefit, and now he must repair the damage and restore the area,” she added. “I want to thank the Pine Barrens Commission for their continued partnership in protecting this critical natural resource on Long Island and ensuring it is preserved for generations to come.”

“One of the most important aspects of our work at the Central Pine Barrens Commission is protecting lands preserved by municipalities with taxpayer dollars so all Suffolk residents as well as visitors can fully appreciate all the region has to offer,” Pine Barrens Commission Executive Director Judith Jakobsen said in the news release. “The tremendous efforts of Attorney General James and her office to bring this case to a close demonstrates that she is fully on board with this priority, and for that, we cannot thank her enough.”

The Pine Barrens is a 106,000-acre natural area in Suffolk County that is home to many endangered or threatened animal and plant species, officials said. In 1993, New York adopted the Long Island Pine Barrens Protection Act, which established the Pine Barrens Commission to safeguard the Pine Barrens and develop and oversee a comprehensive land use plan for the area. This plan designated 55,000 acres of the Pine Barrens as a core preservation area and specified that any entity seeking to engage in development activities such as clearing, excavation, or construction in the area must apply for and receive a waiver from the Pine Barrens Commission.

Officials say that in October 2012, Affatato and his company, without obtaining a waiver, removed trees, vegetation, and natural ground cover, and excavated and bulldozed soil into huge piles on the property. These violations were observed by Pine Barrens Commission staff on a site visit to the property.

The agreement announced Friday resolves ongoing litigation regarding the clean-up and restoration of the site. As a result of the agreement, Affatato will implement and pay for a complete site restoration plan, including soil excavation, deer fencing, site grading, replanting of native plant species, sediment and erosion control, and monitoring and reporting, among other requirements.