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News from The Town of Nassau
JUNE 12, 2008
State Supreme Court Justice Michael C. Lynch of
Albany,ruled in DEC's favor rejecting the Town's Article 78 proceedings against DEC.
The Town hasn't decided if it will appeal the decision. There are still several other cases
pending in the courts between the Town and Troy Sand & Gravel concerning the Town of Nassau's 1968 zoning law and the 2008
revision to it which both prohibit this type of mining.
MARCH 20, 2008
The Nassau Town Board unanimously passed the
Comprehensive Plan and the Zoning Law. The zoning changes approved by the Town Board include
a ban on commercial mining in all districts, the addition of an Aquifer Protection Overlay
District to protect local water resources, as well as protections for local agriculture,
open space, and wind farms.
Troy Sand & Gravel had asked for an injunction
to stop the completion of the Comprehensive plan but that request was denied by
State Supreme Count Judge Michael Lynch. Troy Sand & Gavel has several court case
pending against the Town and Town officials.
News from NYS DEC
In September 2007 the Town filed an Article 78 proceeding against DEC for issuing a permit to Troy Sand & Gravel citing
numerious procedural issues and non-compliance with the State Environmental Quality Review Act.
The Article 78 is asking the courts to resind the permit and require DEC to hold adjudicatory hearings on a number of
issues raised by residents.
Some of the main issues raised were:
a.. TS&G submitted application for which the mining permit was issued and upon which the SEQRA process was conducted
on Dec.19, 2005. Moratorium was September 25, 2005 to July 24, 2006......
b.. Town may decide hours, etc.......DEC ignored and gave no written comment why not incorporated.
c.. Failure to monitor at property line.....do this only when surrounding area conforms to proposed project such as
an industrial and commercial zone. An unconstitutional taking of private property.
d.. TS&G identifies potential of 738,000 tons per year for 2000 hours...in FEIS. DEC ignored.
e.. Only 3 monitoring wells on site and only one drilled to depth of mine. Wells cease once mine reaches wells.
No monitoring in place with burden on residents.
f.. No visual impact studies from private homes where impacts most prominent.....SEQRA requires cumulative of all
impacts be analyzed.
g.. Quarry could be 3,900 hours based on hours. TS&G used 2,000 hours.
The public comment period
for the Callanan Industries mine DEIS ends October, 7 2005.
It's very important that you write
to Nancy Adams at the address below, to let her know which
issues you feel should be included in the Environmental
Impact Statement that DEC requires.
Nancy Adams
Deputy Regional Permit Administrator
NYS DEC, Region 4
1150 North Westcott Road
Schenectady, NY 12306
(518) 357-2452
Re: Application of Callanan Industries, Inc.
DEC #4-3830-00101/00001
Proposed Nassau and East Nassau Quarry
DEC has been designated lead agency
for the Callanan Industries mine in a decision dated 3/17/05.
A Positive Declaration has been
made. This means that an Environmental Impact Statement
will be required by DEC regarding Callanan Industries application.
The Scoping Process began in September.
This is to determine what the scope of the draft Environmental
Impact Statement should be (what issues, air quality, water, traffic, safety, etc. the draft EIS should
address).
The public has until October 7, 2005 to write to Nancy Adams,
Deputy Regional Permit Administrator, letting her know what
issues, they think should be included in the draft EIS.
Once the draft Environmental Impact Statement has been completed,
it will be made public and there will be another thirty day public
comment period when the public can write to Nancy Adams,
Deputy Regional Permit Administrator, letting her know what
additional issues, if any, they think should be included
in the draft EIS.
(Click
here for a PDF of the Draft Scoping document submitted by Callanan Industries.)
 PDF
Help
(Click
here for a PDF about where we are in the SEQR process.)
PDF
Help
Click
here for a PDF of letter-writing tips
PDF
Help
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DEC has been designated lead agency for the TS&G mine
in a decision dated 4/14/04.
(Click
here for a PDF copy of Nancy Adam's letter.)
PDF
Help
A Positive Declaration has been
made and an Environmental Impact Statement
was required by DEC regarding TS&G's application.
(Click here for a copy of the notice from DEC.)
The public
can still write to Nancy Adams,
Deputy Regional Permit Administrator, letting her know what
additional concerns they have related to TS&G proposed mine
Nancy Adams address is:
Nancy Adams
Deputy Regional Permit Administrator
NYS DEC, Region 4
1150 North Westcott Road
Schenectady, NY 12306
(518) 357-2452
Click
here for a PDF of letter-writing tips
PDF
Help
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Door to door campaign brings
in new members
RAM members have been busy over the
past two weekends, going door to door to visit their neighbors,
and spreading the word about the proposed TS&G mine.
About 60 families are new members as a result of this campaign.
We welcome them to the growing number of local residents
opposed to large-scale mining in a quiet area that is zoned
rural residential.
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