December 10, 2024
TODAY is a public hearing on the legislation to amortize sand mines in Southampton Town. Please attend if you can. Southampton Town Hall, 116 Hampton St, 1pm
We urge the Southampton Town Board to support the newly proposed local law regarding the amortization of nonconforming sand mines (Article XXXII) (Resolution 245-2015) and enforce its zoning laws.
Read 27East Article: “Southampton Town Board To Hold Hearing on Sand Mine Amortization” by Stephen J Kotz
Read Dan’s Papers Article: “Sand Wars: Has the DEC Stacked the Deck to Protect Sand Mines?” By Alec Rich
Click here for a link to Group for the East End’s sample letter to send to the Southampton Town Board. You may edit this letter as you see fit before sending.
Click button below to view the Town’s meeting video. Many people spoke on this subject at Public Hearing Item 5 which starts at 55:20. Each speaker that spoke for the proposal came from a slightly different angle.
February 5, 2024
Above Photo from East Hampton Star Article, October 5, 2023
“Sand Land Mine Accused of Operating Illegally” Photo Caption: The deeper they dig, the closer they get to groundwater at the Sand Land mine in Noyac. - Christopher Gangemi
An article in 27 East on January 24th reported an update on the Sand Land Mine saga stating Sand Land Mine (SL) closed its Middle Line Highway facility on Dec. 22. This sounds like good news, but the NCC is skeptical.
This is what we have been told…
Under DEC’s current reclamation plan agreed to in 2013, the mine is now over 40 feet deeper and 3 acres wider than it’s properly issued permit.
Following the unanimous Court of Appeals ruling on Feb 9, 2023, Sand Land removed 2,351 tractor trailers of sand mined outside their legally permitted boundaries. Many of these trucks took the sand to the location in Wainscott. It is estimated there is about a year’s worth of sand stockpiled there.
In October 2023, Tintle (Sand Land’s owner) applied for a 11.8 acre expansion of the mine, proposing to mine all the way to Middleline Highway. The DEC asked Southampton Town if the expansion was within the town’s zoning regulations. The Town replied that it was not and therefore, the DEC could not process the application. The DEC asked Sand Land to obtain zoning approval from the Town for what could be an expanded pre-existing non-conforming use, a use variance or a change of zoning. Sand Land would first need to go to the building inspector for a ruling and then could apply to the ZBA.
Concerns:
Will the DEC allow Sand Land keep all the illegally mined sand and not require reclamation according to the requirements of the existing plan? Seems the 2,351 trucks of sand should not have left the site and that sand would have been very useful in the reclamation.
If the DEC makes Sand Land raise the floor back to its legal level, Sand Land might import fill and non-native material which could make the situation even worse.
Southampton Town should pass amortization legislation that would allow them to close Sand Land and bring it into conformity with current zoning. It seems to be the only proven legal remedy since Tintle has ignored over 300 tickets, 2 Stop Work Orders, 3 injunctions and an unanimous ruling by NY state’s highest court annulling their permits. Tintle has paid no fines for all the issued town violations. No sand excavation was ever allowed below 160 asml under any properly allowed permit.
This is ultimately about protecting our drinking water source.
“it’s important to remember that this decade-long conflict revolves solely around the long-term protection of our underground drinking water supply, a resource recognized as critical by every level of government and broadly supported through extensive public investment for decades.”
-Bob Deluca, President Group for the East End
Above Photo from 27 East Article, January 24, 2024
“Sand Land, Noyac Mine Long in the Crosshairs of Opponents, Closes; Operations Head to Wainscott” by Stephen Kotz. Photo Credit: Michael Wright
December 7, 2023
A New York Times article about sand mining in general and Sand Land mine in particular.
“Sand Mining Threatens Long Island’s Drinking Water. Or Does It?”
By Hilary Howard, NY Times
exerpt:
"Sand mining is prohibited in Southampton, a municipality of about 70,000 residents in Suffolk County on Long Island. But Sand Land, which has been in operation since the 1960s, was grandfathered into the area’s zoning plans in the ’70s.
…“The latest major ruling was in February, when New York’s highest court annulled permits that included expansion requests that the Department of Environmental Conservation had issued to the mine without seeking the town’s approval. Sand Land was ordered to halt mining.
But since then, over 2,500 trucks, estimated to be carrying over 100 million pounds of sand, have left the mine, according to legal documents. Sand Land contends that it is removing stockpiled material, not excavating it.”
… “And even as opponents of Sand Land insist that any operation at the mine violates court orders, the company has doubled down. In October, Sand Land requested permission to dig on an additional 11 to 12 of the property’s 50 acres.”
This is just the most recent example of Sand Land Corporation’s utter contempt for the environment and the rule of law,” said Brian J. Sexton, a lawyer representing the coalition.”
October 3, 2023
When will our Town and State DEC actually enforce the law???
The Noyac Civic Council is so disappointed in the DEC and the Town for not enforcing the latest injunction. Why are they not actively protecting our drinking water? Thank goodness we have Assemblyman Fred Thiele, Jr. and other legislators fighting for us in Albany. Read their letter and recent article in 27East below.
Letter to the Governor Kathy Hochul September 27, 2023
from Legislators State Assemblyman Fred W. Thiele, Jr., State Senator Kevin Thomas, State Senator Monica R. Martinez, State Assemblywoman Michaelle Solages. cc: Basil Seggos, DEC Commissioner:
27East Article: “Sand Land Mine in Noyac Still Digging Away, Despite Court Orders”
“I have practiced law for 45 years now, and I have never seen a situation where the highest court in the state has issued a specific order and is being ignored,” Thiele said. “And the agency responsible for enforcing that order is sitting on their hands.”
April 13, 2023
Image from Sag Harbor Express Article by Stephen J. Kotz, Apr 12, 2023
“Despite Court Order, New Activity at Sand Land Mine in Noyac”
“because Sand Land no longer has a valid permit, any work at the site is illegal and must be stopped," added Bob Deluca, Group for the East End
February 16, 2023
A Decision from the State’s Highest Court, but…
Read this article carefully. Unless the DEC and Town act swiftly in the public’s best interest to protect our drinking water supply, it seems to sound like Sand Land will continue operations while this could further remain in the courts.
December 22, 2022
and again…
Judge Baisely, Riverhead, cancelled our cases again and rescheduled conferences for February.
Separately, the Court of Appeals argument in Albany is scheduled for January 3, 2023. It looks like it’s scheduled for 2pm and will be LIVE streamed: https://www.nycourts.gov/ctapps/
Town of Southampton v DEC (No. 1). APL 2022-17. Mines and Minerals—Mined Law Reclamation Law--Whether section 23-2703 (3) of the Mined Land Reclamation Law bars the Department of Environmental Conservation from processing the renewal and modification permits sought for a preexisting mine because the local zoning code prohibits mining in the Suffolk County District where the mine is located.
December 2, 2022
the can gets kicked down the road again...
The Sand Land case was supposed to be heard by the Appellate Court on November 15. The Judge Baisely announced an adjournment the night before the conference yet again and rescheduled for December 22.
November 15, 2022
Appellate Division will Hear Sand Land Appeal
Stay tuned…
September 19, 2022
Sand Land Appeals Court Rulings, again…
The Town of Southampton was successful in challenging the permit issued by the DEC to the Sand Land Mine (see below). Sand Land appealed a lower court ruling that upheld the nullification of Sand Land’s DEC permit. The Court of Appeals will hear this case on Nov. 15, 2022.
May 29, 2021
APPELLATE DIVISION OVERTURNS STATE SUPREME COURT RULING ON MINE EXPANSION PERMIT
TOWN’S LOCAL ZONING LAWS UPHELD
Dear NCC members,
On Thursday, May 27, the NYS Appellate Division of the Supreme Court annulled the 2019 DEC permit allowing the Sand Land Mine to dig deeper (and closer to our aquifer) and to expand horizontally. The Court ruled that the DEC overstepped its authority in granting a permit. The DEC ignored the Town’s zoning laws and the authority to protect its drinking water when the DEC issued this 2019 permit.
Read more about this landmark victory by clicking the buttons below.
The Noyac Civic Council worked tirelessly to get the DEC to protect our ground water rather than allow the expansion of operations at the Sand Land Mine when contamination in our aquifer beneath the Mine was made known by the Suffolk County Health Department.
We thank all our members who supported the NCC in this endeavor. Also thanks to the Group for the East End, the Citizens’ Campaign for the Environment, The Town of Southampton, and the Southampton Civic Coalition for supporting this endeavor.
Sincerely,
Elena Loreto, President NCC and the Executive Committee
Please click on images below for Our local officials responses to Sand Land's continuing operations. the Mine ignores the Appellate Court's decision which annulled the Mine's permit.
September 2, 2020
Illegal Activities Continue…
“Sand Land is in violation of the latest certificate of occupancy, local zoning laws and Southampton Town Code…”
February 13, 2020: The Town Board sent a letter to DEC promising to “assert its jurisdiction and take all necessary legal, civil, code enforcement and police action to stop illegal operations ...”
May 22, 2020: Southampton Town issued a “Cease and Desist Order” to Sand Land.
June 11, 2020: NYS Supreme Court issued an injunction restraining illegal activities occurring at Sand Land.
August 10, 2020: The NCC joined Assemblyman Fred Thiele, Legislator Bridget Fleming, Group for the East End, Citizens’ Campaign for the Environment and Southampton Town Civic Coalition in issuing a Press Release appealing the Town of Southampton to enforce their laws (9 years after being cited as illegal) and follow the recent court order aimed to protect groundwater and prevent illegal industrial operations at the Mine.
August 26, 2020: Town Attorney James Burke Press Release response: The Town is addressing the violations with additional court actions, has done many site reviews and Code Enforcement investigations, and on July 14th and July 17th the Town demanded the “immediate removal of all non-permitted materials being processed, stored, sold and delivered to Sand Land.”
Sept. 11, 2020: Date for court dockets.
July 30, 2020
The Town of Southampton finally got an injunction from Judge Denise Molia to force the Sand Land Mine to stop the processing of vegetative waste and construction and demolition debris. In response to this injunction, Town Attorney James Burke said, “We have more teeth... If they do things in violation of the injunction, they can be held in contempt of court….A judge can find them in contempt of court and fine them or threaten them with jail time.” (Express News Group June 18, 2020. p.A3- read article).
However, we are disappointed to learn that the Town has been slow in issuing tickets. There is evidence that the Mine is still accepting and storing crushed stone which is not mined at this facility. As Bob DeLuca, President of the Group for the East End, wrote to the NYS DEC, “Recently acquired aerial photographs of the subject facility clearly document substantial and potentially polluting non-mining activities including the storage and processing of vegetative waste and other off-site materials on the property… Evidence of these materials (past or present) clearly demonstrates the potential for a significant environmental impact.”
The Mine is in violation of the Zoning Code.
The NCC’s co-litigants and attorneys are pursuing this issue with the Town asking:
Why is a facility allowed to conduct operations that – according to the Health Dept. – have contaminated groundwater?
The NCC will continue to monitor what the Town is allowing to happen.
What Can You Do?
Call or write the Town Council and ask what they are doing to enforce Town Code. Encourage them to send a "Cease & desist" letter to Sand Land.
Supervisor Jay Schneiderman: 631-283-6055
Town Board: 631-287-5745
July 10, 2020
Please click below to read NCC President, Elena Loreto’s letter to Mr. John Weiland, NYSDEC Reg. 1 Headquarters RE: NYSDEC Application 1-4736-00539/00001 East Coast Mines and Materials Corp. 40’ depth expansion/ 110/5 acres with final depth to groundwater @ 10 feet.
Opposition to Negative Declaration
May 18, 2020
Sand Land is up and running – accepting bluestone, etc., in violation of Town Code
The NCC sent a petition, now with over 2200 signatures, to the DEC demanding a public hearing addressing our concerns. The DEC has not responded to our petition. Instead, on May 1, 2020, the DEC sent a notice declaring the extension of Sand Land Mine’s permit for another 8 years skirting the concerns we’ve raised. Click below to read:
NCC letter to DEC 2/13/20.
Southampton Town Board Public Comment Letter to DEC 2-13-20
DEC Permit to Sand Land 5-1-20
DEC response to individual citizen letter 5/1/20
Assemblyman Fred Thiele Jr. is equally upset with the DEC and told the NCC, “This will require further litigation, once the courts re-open. The burden is really on the Town to challenge this, since this decision illegally invades their zoning authority by granting permission for something that is not permitted by the Town Zoning Code.”
The NCC also contacted Supervisor Schneiderman about the Town’s next steps and Town Attorney James Burke informed us that Code Enforcement personnel will “keep a close watch on any importation of materials to the site and the town will also be contacting the Regional DEC office to remind them that it is clear that any such importation of materials to the site is in violation of town code and the decisions of the ZBA and Appellate Courts of State of New York.”
The DEC needs to give the public full disclosure and access to all groundwater testing results and reveal who is the party doing the groundwater testing.
Remember the contaminants, pesticides and carcinogens found in the aquifer by the Health Department’s testing? The DEC is not addressing those results nor coming up with a remediation plan to clean up the contamination. The NCC will not stop until the aquifer (the water source for everyone on the East End) is cleaned up and no longer a threat to public health.
What Can You Do?
Email the Town Council and ask what they are doing to enforce Town Code. Encourage them to send a "Cease & desist" letter to Sand Land.
PGodfrey@southamptontownny.gov (secretary to the Town Council) and/or JSchneiderman@southamptontownny.gov
Supervisor Jay Schneiderman: 631-283-6055
Town Board: 631-287-5745
Please click below to read letters to the DEC from the NCC and Southampton Town regarding Sand Land’s permit application as described below.
February 4, 2020
SAND LAND has filed for a new permit modification
The proposed application threatens our sole source aquifer (and one of the deepest groundwater recharge areas on the East End) that has been adversely impacted by activities at Sand Land Mine as already determined by the Suffolk County Department of Health (SCDH)
— PLEASE SIGN —
Demand the NYS DEC protect our water!
The public wants to know what the DEC is doing to protect our groundwater and clean up contamination.
We DEMAND that the NYS DEC:
Deny the January, 2020 Sand Land Mine’s application [to modify its existing permit to allow importation of crushed stone, crushed concrete aggregate, compost] because it is illegal, in violation of the law, the Town Code, and three Appellate Court rulings. (Click here to read the application)
Deny bringing these materials on site because it violates the DEC’s own promise that these materials would all be removed from the site permanently.
Immediately perform quarterly groundwater testing via Suffolk County Dept. of Health (SCDH) on the site.
Hold a Public Hearing before issuing any permit
Release ALL groundwater testing methods and reports done on the site.
Image: Sag Harbor Express
A TRO (a Temporary Restraining Order) has been granted against the Sand Land Mine from the Appellate Division.
This prevents mining deeper until the Supreme Court Judge issues a decision on our preliminary injunction. Written in the Sag Harbor Express article below, “As part of the modified permit, Sand Land must establish a groundwater monitoring plan that requires testing groundwater samples at the mine site on a quarterly basis. All test results must be submitted to the DEC for review.”
This is some great news! But our work is not over yet. The NCC will not rest until we are assured of contamination cleanup and environmentally safe/legal operations. The DEC must be held accountable for their flip-flop settlement and not recognizing the contamination reported by Suffolk County Dept. of Health Services.
Click here to read the Sag Harbor Express Article
REMINDER to contact the DEC:
Deadline: April 19, 2019
The April 19th deadline for public comments on the DEC’s flip -flop on issuing a permit for the Sand Land Mine is quickly approaching. The DEC is not acting in the best interests of those who use water on the East End. WE NEED A PUBLIC HEARING ON THIS MATTER AS WE HAD ON OCTOBER 20, 2015. PLEASE SEND A NOTE TO THE DEC BEFORE FRIDAY, APRIL 19. Below are a few sample notes that you may wish to copy. Please feel free to share this note with your friends and neighbors.
Send to:
Mark Carrara
NYS DEC Region 1, Division of Environmental Permits
SUNY @ Stony Brook
50 Circle Road
Stony Brook, NY 11790
mark.carrara@dec.ny.gov
Please cc: ThieleF@assembly.state.ny.us and JSchneiderman@southamptontownny.gov and NoyacCivic@optimum.net
Sample Notes:
We demand a Public Hearing immediately on the recent issuance of a permit for the Sand Land Mine its operations. The Suffolk County Health Department found that the Mine’s activities have contributed contaminants to our groundwater beneath the Mine. Excessive lead, iron, manganese, carcinogens and pesticides are some of the contaminants cited in the June 29, 2018 Health Department’s report. As residents in the area who rely on this aquifer as our source of water, we have many questions as to why the DEC issues this permit contrary to the DEC’s removal of the Mine’s permit in September, 2018. We want Commissioner Basil Seggos and Region 1 Director Carrie Gallagher to answer our questions and hear our concerns at this public hearing.
OR
Why did the DEC issue a permit to a known polluter, the Sand Land Mine, on March 20, 2019, when in September, 2018 the DEC modifies the Mine’s permit citing its contamination of our aquifer? I demand that the DEC hear our concerns and answer our questions at a Public Hearing immediately.
OR
How can the DEC, the protector of our environment, issue a permit to a known polluter, the Sand Land Mine? In September, 2018, the DEC modified the Mine’s permit because of the contamination of our aquifer beneath the Mine. The Suffolk County Health Department reported the contamination caused by the Mine’s operations in a report issued on June 29, 2018. In addition, the DEC states in this letter that there is “de minimus” sand left in the Mine. So how can the Mine excavate 40 feet deeper if there is no sand left to mine? For these reasons, we demand a Public Hearing on the DEC’s issuance of a permit on March 20, 2019 to the Sand Land Mine. The community has many questions and concerns the the DEC has not answered.
OR
On October 20, 2015 the DEC had a public hearing on the Sand Land Mine’s application to expand. Now that the Mine has been given another permit, despite the DEC’s permit modification in September, 2018, we demand another public hearing immediately.
March 27, 2019
Outrage over DEC settlement with Sand Land Mine!
On March 22, several members from the NCC, Bridgehampton CAC, and Save Sag Harbor met with Assemblyman Fred Thiele to ask what can be done regarding the recent DEC settlement with Sand Land Mine. We also attended the Town Council meeting on March 26, but more help is needed from residents to protect our precious water.
The NCC is urging all residents to :
Tell the Town Board to Demand a Public Hearing with DEC Commissioner Basil Seggos and DEC Region 1 Director Carrie Gallagher in attendance.
Flood the DEC and every elected official with comments.
Tell Southampton Town Board that they need to legally challenge the settlement.
Groups call for Gov. Cuomo to shut down
Sand Land Mine
See these articles for more info:
East Hampton Star (D.E.C. to Let Sand Land Mine Stay Open By Johnette Howard | March 18, 2019 - 2:48pm)
The Independent (Deal Gives Sand Land Eight More Years, March 19, 2019 By | Stephen J. Kotz )
27 East (DEC Grants Sand Land Eight More Years Of Operation In Settlement Mar 19, 2019 4:19 PM By Anisah Abdullah
Sag Harbor Express (Sand Land Reaches Settlement Involving Eventual Closure of Mine, By Christine Sampson, March 15, 2019)
February 26, 2019
Dear Town Attorney, Supervisor Schneiderman, and Southampon Town Board -
Thank you for the detailed and concise email following up on our meeting. In light of a recent notice from Town ZBA that Sandland’s Certificate of Occupancy (CO) is still in question and was again postponed, we have many questions...
The obvious abuse of operation rights has led to a public and environmental health issue that is not being remedied. As we delve further, there are several facts that are upsetting in that the Town has seemingly not taken more enforcement and action on.
Based on the Suffolk County Health Department 2018 report and investigator’s photo/video, it is clear that Sandland has contaminated the aquifer and unregulated practices are occurring.
The CO, dated 2016 (click here to view copy of CO) seems contradictory to the Town’s statement that new mines are not allowed.
This CO states they can operate their sand mine including the storage, sale and delivery of sand, receipt of trees, brush, stumps leave and OTHER DEBRIS. [so they can essentially, legally operate as a dump! What defines “other debris”?] BUT It goes on to state: However, the processing of the above (and they list more than was listed in what is accepted) is specifically prohibited. [so here they have clearly been operating illegally since this 2016 CO by accepting and processing what was specifically prohibited.]
Many questions remain:
How much has the Town received in fines from illegal practices by SL? (Can we FOIL a record of this?)
Why didn’t the Town apply to get the fees from the Appellete court ruling and why hasn’t the Town collected the $6,000?
Why hasn’t the Town acted on zoning and variance violations? i.e. A scale is 19 inches from property line, etc.
Why isn’t Sand Land continuing to be fined?
What has the Town done to ensure SL meets code?Can the Town take the authority to amend the CO?
Has the Town seen a site plan to validate this newly requested CO that keeps appearing on ZBA docket?
How is it legal for Sand Land to keep applying to the ZBA, have hearings postponed, and still operate?
Can a CO be revoked due to illegal and harmful environmental practices?
Why was the illegal processing allowed for so long?
Who is monitoring recent activity to be sure it meets environmental standards? (Recent grading, storing and sale of material and reclamation)
Has the Town been in contact with the DEC over the problems or was the Town’s last contact with the DEC the Supervisor’s letter in July?
Why hasn't the Town been contacting the DEC about the myriad of other illegal and unregulated polluting practices?
NYS law (Oct2018) allows Town of Southampton to require monitoring of groundwater impacts resulting from mining/reclamation of mining. What is ToS doing to adopt and enforce the law?
What is being done to clean up the site? (i.e. remediate the contaminated pools, etc.) Or is the Town ok with letting this contamination sit and seep into the environment?
We look forward to hearing back with answers to these questions.
Sincerely,
The Noyac Civic Council
– February 15, 2019 –
The Group for the East End, the Citizens Campaign for the Environment, and the Noyac Civic Council have led the battle charge to clean up the contamination in our aquifer. Here is a letter, dated Feb. 7, 2019, from Bob DeLuca, President of the Group of the East End, worth reading. Below is another letter attached also worth your time. I urge you to write and/or call our Town Supervisor, Jay Schneiderman, and the Town Council to get them to act. Feel free to write to the Sag Harbor Express ( kmenu@sagharborexpress.com) and the Southampton Press (mailbag@pressnewsgroup.com) on this issue. Thank you for your time and interest in our hamlet and the health of our groundwater.
Sincerely,
Elena Loreto, President NCC
Dear Supervisor Schneiderman and Town Board Members,
Among the various issues we are working on with respect to water quality protection, we are currently pursuing the establishment of local laws that will improve groundwater monitoring for State-regulated sand mines and vegetative waste processing facilities.
In brief, and as you know, over the last several years, research conducted by the Suffolk County Health Department and the NYSDEC has confirmed the presence of significant groundwater contamination resulting from the operation of sand mines (in particular, those with ancillary industrial processing operations also operating on the premises).
In response to this emerging source of contamination, Assemblyman Fred Thiele and Senator Ken LaValle have thankfully and successfully gotten an amendment approved by the New York State Legislature and signed by the Governor, that, for the first time, will allow local governments to impose groundwater monitoring requirements on state-regulated sand mines and mine reclamation operations.
The attached letter outlines this issue and recommends that Southhampton Town adopt such necessary local laws as may be required to establish meaningful groundwater monitoring requirements for sand mines and for vegetative waste processing facilities under Town jurisdiction.
Late last week, I sent a similar request to the East Hampton Town Board and have already received some positive feedback on the Board’s interest in moving forward with this measure.
For your additional information, I have attached a copy of Assemblyman Thiele’s bill, which was ultimately signed into law last year. Also, I would be happy to provide you with the full studies issued by the SCDHS, which document the groundwater contamination associated with open pit mines and vegetative waste processing facilities. Given what we have already seen in Wainscott and Noyac, we believe there is a critical need to get out ahead of these potentially polluting uses for the future, especially because the NYSDEC is presently doing very little to contain the potential pollution associated with these industrial land uses.
We note that this endeavor would be highly consistent with the Town of Southampton’s duly-adopted, 2013 Sustainability Element of its Comprehensive Plan (aka Southampton 400+), which sets the following clean water goal for Southampton Town:
"Restore and protect the Town’s ground and surface waters to ensure their ability to support public health and the maritime, recreational and resort activities that underpin Southampton’s way of life and economy.” (p.42)
Thank you for taking the time to review this letter. I would be happy to work with the Town Board or any individual member who wishes to consider further action on this matter, which I hope you will.
All the best,
Bob DeLuca
Please click the following links to supporting files:
Assembly Bill A6314 Memo
SH-GWmonitoring
– December 10, 2018 –
Please click to read:
STATEMENT FROM ASSEMBLYMAN FRED W. THIELE
The NCC will be waiting for further clarification on the language therein, but it seems the Chief Administrative Law Judge, James T. McClymonds, has denied Sand Land’s motion to renew and reargue, BUT also put the responsibility back on the Town of Southampton ZBA. See excerpt…
…In this case, the Town ZBA appears to be the ultimate municipal authority vested with jurisdiction to determine whether applicant’s proposed mine expansion is authorized under the Town Code without any further Town approval, or whether a variance is required before the expansion is allowed…
What you can do:
Tell the DEC to address the CONTAMINATION and the Town ZBA to deny the expansion permit once and for all.
The DEC needs to protect our health and safety.
Call or email Governor Cuomo: (518) 474-8390.
September 5, 2018...
NCC President's Letter to Assemblyman Thiele, Jr., Legislator Fleming, Mr. Sapp, and Supervisor Schneiderman. cc. Basil Seggos, Bob Deluca, Adrienne Esposito, James Tomarken:
I am deeply concerned by the DEC ’s lack of response to the Suffolk County Health Department’s report on the water contamination beneath the Sand Land Mine.
On behalf of the 550+ members of the Noyac Civic Council, I implore you to meet with Commissioner Seggos to find a solution to this problem. I urge you to demand that NO PERMITS shall be issued to the Sand Land Mine by the DEC, the business that, as stated by the Health Department, has negatively affected our aquifer. Time is of the essence. Please let me know when you can arrange this meeting.
Sincerely,
Elena Loreto, President Noyac Civic Council
– August 12, 2018 –
*** URGENT CALL FOR ACTION ***
Decision on the Renewal of Sand Land Mine’s Permit is forthcoming...
Email or Call Gov. Cuomo
Governor Cuomo must be engaged to make sure the NYSDEC does its job of protecting our water: Request that Sand Land/Wainscott Sand & Gravel located in the Town of Southampton NOT be issued a renewed permit in November.
Gov. Cuomo needs to hear directly from the public.
NCC members should feel free to remind the Governor that:
Waste processing on the site is illegal under Town Code and supported by Court ruling
The mine is out of sand.
The operations at the site have already contaminated groundwater
The facility's operations threaten the drinking water in a State-designated Special Groundwater Protection Area.
Despite all of these objective realities, the Governor's DEC has done nothing but ignore the public while actively and willfully concealing readily observable problems at the site — despite irrefutable third party agency data (SCDHS) that the site is in fact contaminating the aquifer.
The aquifer is everyone’s source of water on the East End, even Suffolk County Water.
Note: The DEC has declined to attend our meetings, nor has anyone returned phone calls.
– July 2018 –
The area outlined in purple is the area that was offered free well testing by Suffolk County Health Department.
Sand Land Mine Sits atop our Sole Source Aquifer. Please read the Final Report from Suffolk County Department of Health Services. From the report:
Conclusions
The vegetative waste management activities on the Sand Land site have had significant adverse impacts to the groundwater. The analytical results from the groundwater samples indicate impacts of elevated metals concentrations (in particular manganese and iron) and other groundwater impacts that are consistent with results observed at other VOWM sites throughout Suffolk County1, which have been attributed to the VOWM activities performed at these sites. Detrimental groundwater impacts were observed at the Sand Land site despite the significant depth to groundwater (137 to 154 feet below grade). Additionally, data from wells installed on the site suggest the presence of downward vertical groundwater flow component, indicating this is a vital groundwater protection area. This also suggests that contaminants released on the site may flow into deeper portions of the aquifer.
Recommendations
The SCDHS should complete sampling of the private wells in the survey area to assess possible impacts to private drinking water wells to the west and northwest of the site. Based upon the groundwater information obtained in this investigation, and the results of the private well testing thus far, the extent of the private well survey area previously determined is appropriate.
Suffolk County Legislator Bridget Flemming released the following statement 6/29/18:
"This thorough report describes a groundwater investigation that is the culmination of years of effort by advocates and officials who have tenaciously fought for the protection of our invaluable aquifer, the sole source of drinking water on Long Island, and a critical resource for current and future residents. The report demonstrates definitively that the ongoing activities at this site are polluting our drinking water now and for future generations. The conclusions of the report must be met with swift action. The evidence shows significant negative groundwater impacts from the waste management activities occurring at the site, including manganese exceeding drinking water standards by almost 100 times and iron by over 200 times, as well as elevated levels of contaminants such as thallium, sodium, nitrate, ammonia and gross alpha, despite the significant depth to groundwater at the site. It is therefor imperative that the activity cease unless mitigation measures to effectively prevent groundwater impacts are identified and implemented.
I am grateful to County Executive Steve Bellone, Commissioner Tomarken, and the entire SCDHS staff for their tenacious and highly professional pursuit of an accurate assessment of the groundwater impacts of the activities at the Sandland site. I look forward to continuing to work with officials at all levels of government to ensure that this unacceptable pollution of our drinking water source comes to an end.”
ACTIONS proposed by Assemblyman Fred Thiele:
All levels of government must act and must act now, the assemblyman demanded. He compiled a list of actions that must be taken immediately:
1. We cannot wait until April for the Suffolk County Department of Health Services to release its report on the contamination. The testing was done months ago and the SCDHS has had the raw data for weeks. Their report must be made public in the next two weeks.
2. The SCDHS must also begin to survey for contamination by testing all drinking wells that are down gradient of the contamination.
3. The State DEC must launch a full environmental investigation to determine the full extent of contamination at this location.
4. The State DEC must take action to stop the processing of vegetative waste and other industrial activities until the extent of the contamination is known.
5. The State DEC must reject any expansion of the sand mine at this location
6. The Southampton Town Supervisor must exercise his authority under State Law and inform the State DEC that mining is a prohibited activity under the Southampton Zoning Code.
