A coalition of elected officials, civic organizations, and neighbors opposing the expansion of mining at Sand Land in Noyac on Friday celebrated another victory when the Appellate Division of the New York State Supreme Court put a hold on the mine’s ability to dig deeper.
Previously, a state judge issued a temporary restraining order prohibiting the mine from expanding approximately three acres horizontally into an area known as the “stump dump,” a former vegetative organic waste disposal site at Sand Land.
On Friday, one week after New York State Assemblyman Fred W. Thiele Jr., Southampton Town, Suffolk County, the Noyac Civic Council, Citizens Campaign for the Environment, and others filed an appeal to prevent Sand Land from vertical expansion as well, they received word that their efforts had been successful.
“This court again found that our challenge to the expansion has a likelihood for success on the merits,” Mr. Thiele said in a statement. “As the lawsuit proceeds, the T.R.O. insures that the mine will not be expanded, further jeopardizing the environment.”
Acting New York State Supreme Court Justice James H. Ferreira issued the first restraining order, against the stump dump expansion, on May 31, but declined to enjoin the D.E.C. from processing a new permit for Sand Land, which its opponents also sought.
The D.E.C. subsequently issued a new permit, which Sand Land’s opponents say signaled a reversal of the D.E.C.’s previous stance on the future of the mine, and which would have allowed Sand Land to dig 40 feet deeper than the 160-foot depth below mean sea level it could reach under its previous permit. The permit would also have allowed the mine to expand into the stump dump. As part of a settlement with the D.E.C., Sand Land agreed to limit operations to eight more years and after that, begin a 10-year reclamation process. A groundwater monitoring program was also part of that agreement.
In its first effort to obtain a restraining order, the mine’s opponents cited results from groundwater tests conducted at Sand Land by the Suffolk County Department of Health Services, which initially showed elevated levels of heavy metals including manganese, thallium, and iron as well as nitrates and ammonia in excess of state standards.
“The D.E.C. permitted the expansion of this polluting mine in a decision made behind closed doors with no public input or explanation,” Mr. Thiele said in a statement. “It is a mystery why they made a 180-degree reversal in favor of the polluter. Now the D.E.C. will have to answer in court why it ignored the findings of the Suffolk County Department of Health Services regarding groundwater pollution.”
Brian E. Matthews, the attorney representing Sand Land and its owner, John Tintle, on Tuesday pointed to a comment included in documents filed with the State Supreme Court.
“The department fundamentally disagrees with the integrity, accuracy, and reliability of the county’s investigation,” it reads. “Even if the investigation had been done properly, the county’s final report did not reveal contamination under the location of the prior vegetative processing site at Sand Land and does not make a finding that sand and gravel mining causes or contributes to groundwater contamination. There is no scientific support for the claim that Sand Land is threatening the aquifer, even in the county’s report.”