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EXISTING
MASSIVE MINE #1 SPRING LAKE ROAD |
PROPOSED
MASSIVE MINE #2 TURKEY HILL ROAD |
PROPOSED
MASSIVE MINE #3 ACADEMY HILL ROAD |
| Environmental
specialists' findings reveal big gaps
The largest omission of all is the issue of town character and the fact that mining is prohibited in Milan. Milan residents have determined through two local elections and an open and comprehensive planning process that industrial-scale mining across town is inconsistent with their wishes. This is a major issue for the town as Red Wing has formally submitted maps identifying 23 sites totaling 641 acres across town as having “potential as a sand and gravel mine.” Mining has always been prohibited at proposed sites. For a mine to operate, an applicant needs both state approval and local zoning approval. The town's right is paramount, however, through New York's municipal "home rule.” Mining was prohibited at both Red Wing’s proposed Turkey Hill Road and Academy Hill Road sites through local zoning when they bought the parcels in 2002 and 2004 respectively. And mining has been prohibited at those sites ever since. But Milan went further and adopted a town-wide ban on mining in January 2006, eliminated a zoning mechanism that could have allowed industrial-scale mining in certain places if certain conditions were met. Despite all this, state laws allow the Department of Environmental Conservation (DEC) to continue processing Red Wing’s application. DEC staff went so far as to recommend on July 18, 2007 that a permit be issued for a 69-acre mine Turkey Hill Road that would extract 3 million cubic yards of gravel with 22-wheel dump-trailers going in and out every 5 minutes for 12 to 15 years. While this was a setback, it was offset by the DEC’s agreement to extend the process into a legislative hearing, issues conference and adjudicatory hearing process that began on August 14. So the DEC town governments and citizens. Red Wing wants an approval from the State as another mechanism to challenge home rule and wear down the town’s will. The cost of doing nothing is greater "The cost of letting industrial-scale mines in Milan is much higher than any cost we feel now,” said Milan Concerns’ president Bill Jeffway. “Imagine multiple massive mines exporting gravel to Westchester with trucks every five minutes for 15 years. Then, as in Beekman, Red Wing brings in a developer like New Jersey’s Sharbell Corporation to sprinkle several hundred cookie-cutter homes on the abandoned mine. We would lose what makes Milan Milan.” "So first, keep your town laws up to date. If there is one message I could send to other towns it's this: keep your Comprehensive Plan and zoning up-to-date – reflecting citizens' wishes and prepared for 21st century demands. Otherwise you are throwing away precious home rule rights to deep-pocketed developers. You are handing over the keys to your town. Taxes will skyrocket as town government becomes bigger and infrastructure requirements grow." "We had to replace a Comprehensive Plan that was almost 20 years old and very out of line with residents' wishes. It left the town very unprepared for the big developers that are already in town. Red Wing and the Durst Organization own about 900 acres in Milan alone, that we know of." "Second, we need to change state laws that favor big developers over small town, home rule rights. We have been working with U.S. Representative Kirsten Gillibrand, Governor Spitzer's office, the NYS DEC, the town of Milan and the preservation group Scenic Hudson to do so." "We successfully lobbied to get this to an issues conference and adjudicatory hearing. It has taken a lot of work from a lot of citizens and a very active participation from the town of Milan to get these issues looked at in depth.” "Milan Concerns is applying for 'party status' so we can be an official part of the state process and we hope to get a decision on this soon. If we can’t get the state to stop processing the application, then we want to state to deny the permit based on community character and the town’s home rule rights.” What residents can do Milan Concerns is asking residents to continue to lobby both Milan's State Senator Vincent Leibell and State Senator Steven Saland who is the sponsor of Senate bill S448 that would shut down the state's processing of mining applications when towns like ours prohibit it. This bill was passed by the Assembly last session by 98% in favor (bill #A07119). But has been held up in the State Senate since 1995! In Milan, the town has officially re-adopted its Comprehensive Plan,including the zoning changes that ban mining after a judge threw it out on a procedural technicality in a suit initiated by Red Wing. Throughout the challenge, Milan’s ban on mining remained intact. Other towns that have banned large-scale mining include Saugerties, Pawling, Nassau and Schoharie. The later two towns, similar to Milan, have the state processing mining applications in the face of their local prohibition on mining. In the upcoming election, Milan residents need to continue to elect Town Board members who understand the issue and will defend the town’s right to home rule. I will conclude with the language from the "justification" from the bill that has languished in Albany for 12 years that would put an end to the state process:
Background
Information on this issue... "Because of the mining issue, the county asked for a supermajority for the comprehensive plan vote, which we got," said Supervisor John V. Talmage. Register Herald ( Aug 24) Town board revisits FLI elimination law With one lawsuit from Red Wing Sand and Gravel recently decided and another just begun, the Town of Milan is cautiously making sure to pass every law dealing with mining according to procedure. "This is a safety precaution," said Supervisor John "Van" Talmage... Register Herald (June 6) Public gets more time for input on Milan mine Traffic, pollution among concerns Poughkeepsie Journal (May 30) Milan fine-tuning comprehensive plan The Town Board expects to have a revised town comprehensive plan ready for adoption later this year, without concern that mining issues will stand in the way. Daily Freeman (May 27) The people's will Even though Red Wing has every right to attempt to sway the public and discuss alternatives with the board, such as a mineral overlay zone, it seems obvious the company is fighting a losing battle. Numerous lawsuits will not solve an issue of the people's will. Simply put, mining is not allowed and residents couldn't be happier. Register Herald (May 18) Milan Residents United In Stand Against Mining Application With standing-room only, in a meeting that went on for over three hours of residents giving their views -- every single person opposed the Turkey Hill Road mine and industrial-scale mining in general in the town and told the DEC to deny the permit. The only person speaking in support of the mine was the mine owners sister. Not a single resident spoke in favor. Many commented on the fact that the DEC's processing of this application is a waste of state and resident's time, money and resources since the town has banned mining and NY is a home rule state. An outdated law at the DEC says they believe the applicant over the town when zoning is disputed. The town says zoning prohibits mining. The applicant says zoning does not. What sense does it make for DEC to believe a mine applicant and not the town on zoning issues! Residents jam town hall to protest another Red Wing bid Register Herald (May 11) Red Wing files second lawsuit Register Herald (May 4) Milan presses to stop mine Daily Freeman (April 15) |
Milan will continue mine fight Deadline looms to appeal court decision; Board to decide Monday on action regarding comp plan, local laws.Two local laws passed in 2007, Local Law No. 6, which eliminated a floating light industrial zone, and Local Law No. 7, the town's wetlands law, were also declared "null and void." Judge tosses Milan town master plan State Supreme Court Justice James Brands has issued a ruling that voided the comprehensive plan along with the town's wetlands law and the town's decision to end its floating light industrial zone.
What part of "NO" don't they understand ? The
State Issues conference in front of Environmental Law Judge was
held Tuesday Aug 14 This hearing comes after a previous hearing in July where the large turnout and crowd spoke against the mine. In the proceedngs there has been only one resident speaking in favor of the proposed mine, that was the wife of the mine owner. Carvel reports to board on archaeological sites Register Herald (Nov 21) Board questions fund process for concession stand items Register Herald (Nov 21) Milan supervisor defends fiscal record Outgoing town Supervisor Van Talmage says Republican town supervisor candidate Richard Barrett is using "phantom" charges as part of an election campaign that is short on specifics to support claims. ...Barrett said information was still being evaluated. When asked when it would be available to support the claims, he said, "I'll let you know. I'll give you a call." Barrett requested the interview be conducted off the record and, when asked why that was fair to Milan residents, said, "We are done." Daily Freeman (Aug 17) Town adopts wetlands law "It's something that the comprehensive plan recommends," town Supervisor Van Talmage said. "This is something that is important because there was nothing in place that brought the protection of wetlands into a comprehensive code." Daily Freeman (Aug 17) Mining permit hearings begin State Department of Environmental Conservation officials will have hearings tonight and Wednesday on a draft permit allowing mining by Red Wing Sand and Gravel on Turkey Hill Road. Daily Freeman (Aug 14) Milan readies to battle mine suit Master plan, industrial zone ban get OK again Officials hope this step will give them another layer of defense against a lawsuit Red Wing Sand and Gravel is filing against them over its mining proposal. Poughkeepsie Journal (August 2) Talmage won't run After four years of serving as the supervisor of Milan, John V. Talmage will take some time out to handle personal obligations when his term ends at the end of the year. Fellow Democrat and town board member Ross Williams hopes to run the post Talmage is leaving. Register Herald (August 3) Milan needs emergency volunteers "Everyone is shorthanded. There is a constant recruitment effort," said Chief Greg Becker of the Milan Volunteer Fire Department and Rescue Squad. Daily Freeman (July 29) Board braces for DEC hearing on Red Wing The Milan Town Board once again focused on a handful of issues that have been staples at its meetings for the past few years, including the comprehensive plan, the elimination of the floating light industrial district and Red Wing Sand and Gravel's battle with the town over mining Register Herald (July 13) Proposed law may allow town to decide Milan may have a new tool at its disposal in its attempt to prevent Red Wing Sand and Gravel from establishing a second mine in the town. Register Herald (July 13) Milan hopes for aid in mine fight Measure would limit DEC power Poughkeepsie Journal (June 21) Mine's fate still to be determined Milan site request under new review Poughkeepsie Journal (June 15) Pine Plains to hold zoning speak-out The flood gates could open as the Pine Plains Zoning Commission convenes.The second hearing will be from 7-9 p.m. June 27, also in the school cafeteria. Daily Freeman (June 16) Community
groups, public prepare to discuss Pine Plains zoning Local mining bans win support in Assembly A bill that keeps state from overruling community objections goes to Senate Albany Times Union Red Wing Comment Update The NYS DEC has extended the time for public comments to a June 29 deadline, so if you havent written or e-mailed do so below...
For more info click here The DEC has referred the Red Wing mine application for Turkey Hill Road in Milan for adjudication (click for letter). Red Wing was seeking an approval. Instead of giving them an approval, the DEC is now going to have the application reviewed by an environmental law judge and then make a decision. This means that the regional office elevated the decision to a higher (and final) authority in the DEC process. An adjudicatory hearing involves presenting the case in front of an environmental law judge, who will make a determination on the case, with the commissioner of DEC signing the final decision. This process will involve an initial issues conference in which the parties present their legal arguments in front of the judge, and the court will select those issues which are important enough to present in the actual adjudicatory hearing. Following the adjudicatory hearing, the judge will make a final determination, and recommend a course of action to the commissioner of DEC. Bill Jeffway, a member of Milan Concerns, a citizens group that has been fighting the mine since 2002 said, "This is a small but important victory in that State is taking a much closer look. This is a very good outcome to the public hearing the state recently had in town." Jeffway went on to say, "The State needs to deny the permit because the town has banned mining. This is a waste of state resources and taxpayer money to proceed with an application in a town where mining is banned." Callanan may modify blasting in East Kingston People who live near the blasting site, which is on both sides of state Route 32 in East Kingston, have complained for some time about excessive noise, vibrations and some damage to their homes as a result of Callanan's work. Daily Freeman (August 12) |
Milan Concerns© 2002
This site dedicated to the memory and efforts of Robert Trumbull.