Press

Mine's fate still to be determined
Milan site request under new review

By Rasheed Oluwa
Poughkeepsie Journal
June 15, 2007

MILAN - Red Wing Sand and Gravel's mine proposal in the Town of Milan is in the hands of another judge.
The state Department of Environmental Conservation announced this month it was sending Red Wing's mine application to its office of public hearings for further review by an environmental law judge.

The 69-acre gravel mine proposal, which would be located off Turkey Hill Road, has been a source of contention for nearby residents who worry the proposal will bring additional truck traffic, noise and dust pollution.

The state Department of Environmental Conservation deemed Red Wing's application complete, but the agency ruled the application needed further review to address some project issues that came up during a public hearing and comment period for the application.

"The good news is they scheduled an adjudicatory hearing, saying, in effect, they feel there are serious issues that need to be looked at," said Ross Williams, a member of the Milan town board. "That's what we've been telling them all along."

The first step in the process is a legislative hearing where citizens and interested parties can voice concerns about the mine application. That hearing is followed by an issues conference, which the DEC uses to decide which environmental issues are relevant and should be argued in an adjudicatory hearing, as well as which groups have the right to argue them.

If an agreement can't be reached during the issues conference, the next step is an adjudicatory hearing, in which a judge hears arguments from all parties involved with the application and makes a ruling.

Parties unhappy with the ruling can appeal the decision to the DEC commissioner. Wendy Rosenbach, a spokeswoman for the DEC, said a legislative hearing was being tentatively scheduled for Aug. 14 in Milan town hall.

The next course of action
All of this becomes moot if the Town of Milan wins a lawsuit Red Wing brought against it in state Supreme Court. The lawsuit - the second in a series of legal actions brought against the town - is questioning the validity of the town's decision to eliminate its floating light industrial zone.

The floating light industrial zone was a town law that would allow light industry applications like bus depots and gravel mines to be approved despite any zoning hurdles at a given location. When the town eliminated the floating light industrial zone, it essentially eliminated mining in the town.

The DEC's ruling doesn't supercede town law.

Kevin Bernstein, Red Wing's attorney, said he wasn't surprised by the DEC's decision, given the level of interest by the community and opposition groups.

"It's a low noise, low intensity operation that will have a minimal impact," Bernstein said. "We don't think there should be any issues."

Reach Rasheed Oluwa at roluwa@poughkeepsiejournal.com or 845-437-4837.

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