“Pechenegi” ecological group (#514 of 07/05/2010)

Open appeal on the violation of the current legal requirements taking place during the construction of the roadway in Kharkiv from Sumskaya street to Novgorodskaya street

To:

the head of the State Ecological Inspection in Kharkiv Region,

the head of the Culture and Tourism Department of Kharkiv Regional State Administration,

the head of Kharkiv Regional Water Resources Department,

Dear Sirs,

Beginning from May 20, 2010, a roadway is being constructed in Kharkov Central Park for Recreation and Leisure named after M.Gorky from Sumskaya street to Novgorodskaya street with a view to build a hotel complex and elite housing there.

According to P.B. Zhyla, the head of the State Ecological Inspection, the Kharkov Region Department of Ecological Inspection had issued an instruction to suspend the work on the project until the replacement cost of the sawn-down trees is paid and to carry out a state ecological expertise of the project in question. We have already informed the Kharkov Region Department of the State Ecological Inspection about the continuation of construction works.

(http://www.greenkit.net/Members/Pe4eneg/ParkGorkogo/Untitled0.pdf)

The roadway project was approved, in particular, by Culture and Tourism Department of Kharkiv regional state administration (certificate # 08-10/888 of 02/26/2008) and by Kharkiv City Sanitary and Epidemiological Service (certificate # 130-31 of 02/27/2008). Please note that the certificate of Culture and Tourism Department states that “there are no listed historic sites and monuments in the area of the land plot in question.”

On July 2, 2010, the workers were removing surface soil and dumping it into the ravine which runs through the Gorky Park alongside the road. In the bottom of the ravine there is a stream flowing into Sarzhyn Yar. THE STREAM BED HAS BEEN FILLED UP WITH THE UPTURNED SOIL (see pictures 1 and 2) WHICH TOTALLY DISRUPTED ITS HYDROLOGICAL REGIME, CREATING A DANGER OF WATER-LOGGING OF THE AREA. Judging by the bulk of the upturned earth, dumping had started several days before. The workers completely removed a large layer of fertile soil and threw into the ravine. THE HEAVY MACHINERY THAT DUMPED THE SOIL DAMAGED ABOUT 10 TREES (pines, maples etc.)

In particular, the surface soil was removed in the section where lots of human bones had been found (see pictures 5 – 9); this area stretches for more than 400 metres along the roadway that is being constructed, starting from its bend (a branch leading to the tennis courts). As old locals say, in that area there are WWII burials (German and Italian cemeteries) and a tuberculosis cemetery.

The certificates given by Culture and Tourism Department of Kharkiv regional state administration and by Kharkiv City Sanitary and Epidemiological Service, which served as grounds for approval of the roadway project, did not take into account the presence of human remains in the construction site.

ON THE ONE HAND, THESE REMAINS WHICH ARE NOW BEING DESTROYED BY THE WORKERS MAY BE OF HISTORICAL VALUE; ON THE OTHER HAND, THEIR GETTING INTO THE STREAM TOGETHER WITH THE SOIL MAY LEAD TO ITS BACTERIOLOGICAL POLLUTION.

Taking into consideration all of the above, I request:

THE STATE ECOLOGICAL INSPECTION IN KHARKIV REGION:

1) to use all reasonable efforts to ensure observance of its decree about suspending the road construction works;

2) to use all reasonable efforts to stop dumping of the stream in the ravine and to renew its natural hydrological regime; to bring to account those responsible for dumping and to recover environmental damages;

3) to use all reasonable efforts to stop damaging the trees near the ravine, to bring the culprits to account and to recover environmental damages;

4) to make the road builders adhere to legislative requirements to handling the fertile soil layer, protecting and preserving it.

CULTURE AND TOURISM DEPARTMENT OF KHARKIV REGIONAL STATE ADMINISTRATION:

1) to carry out an expertise on the historical value of the burials situated in the area of roadway construction;

2) to suspend the action of the certificate # 08 10/888 of 02/26/2008 until the expert's decision has been taken, in order to prevent the destruction of an object that might be of great historical value.

KHARKIV REGION COMMITTEE ON WATER RESOURCES:

to use all reasonable efforts to stop dumping of the stream in the ravine and to renew its natural hydrological regime; to hold liable those guilty of dumping and to recover environmental damages;

CHIEF STATE MEDICAL OFFICER OF UKRAINE:

1) to use all reasonable efforts to stop the bacteriological pollution of the stream and to hold liable those guilty of it;

2) to carry out a sanitation expertise in order to find out how the human bones situated in the construction site might affect the public health;

3) to suspend the action of the certificate # 130-31 of 02/27/2008 while the sanitation expertise is being conducted, in order to avoid epidemic hazard.

You are kindly requested to answer this appeal in accordance with the current legal requirements.

Yours faithfully,

S.O.Shaparenko, head of the council of “Pechenegi” ecological group

сс:

Minister of Environment of Ukraine

Minister of Culture and Tourism of Ukraine,

Head of the State Committee on Water Resources

Chief State Medical Officer of Ukraine