Elusive accountability and disturbing noise: jackhammering behind porous "wall" and no monitors (other than citizens)

Well, despite the many monitors said to be at the Atlantic Yards/Pacific Park site, it's hardly clear they're present on weekends, and even if they were, they certainly didn't see or stop this jackhammering at 8:30 this morning.

Notably, it's geographically behind the "ginormous" green wall set up to block noise but completely undeterred by the wall, given the unsealed wall (see mesh fence) and the fact that it does not extend to the ground. (Also see video at bottom.)

As noted in the caption, it seems to violate the Second Amended Memorandum of Environmental Commitments, signed by the developer, as detailed below.

Early Saturday morning jack hammering on Dean today! What's the story? It is right across from homes. The fence is not sealed (in fact there are two open doors) so not containing either the noise or the dust. So much for MEC commitments N/8/d/i and N/8/d/xi and N/8/d/xv and N/8/f and N/9/d/ii. Here's the video with sound: https://youtu.be/GRNr48K8ccY @nyc311 #nycdep #nyc_dot #bciza #pacificparkbk #hdr_inc #stv #550vanderbilt @hdr_inc @stv @atlanticyards_pacificpk_report

A photo posted by @pplegacy on Feb 27, 2016 at 7:38am PST

The Second Amended Memorandum of Environmental Commitments (MEC, see p. 20) signed by the developer, contains the following requirements. There's wiggle room, but not that much:

• Using equipment that meets the MEC Noise Levels;
• Scheduling work that would generate high noise levels during weekday daytime hours to extent feasible, rather than during weekday nighttime or weekend hours, unless required as a result of safety or other agency requirements;
• Where 16-foot barriers are not practicable and feasible adjacent to sensitive receptors, installing the best feasible and practicable additional noise path controls, which may include noise curtains or other barriers within the site between the noise sources and sensitive receptors, angled/cantilevered fences, and/or other practicable pathway controls;
• Where practicable, utilizing noise curtains and equipment enclosures to provide shielding from significant noise-generating equipment to sensitive receptor locations.
• FCRC shall assure that construction fencing, where required, meets the requirements of the MEC and the applicable Sound Transmission Class specifications of the Noise Code.