DEC Denies Application to Expand Noyac Sand Mine

The New York State Department of Environmental Conservation (DEC) recently denied an application to expand a sand mine located on Middle Line Highway because of environmental concerns and past worker safety violations.

The issue began last year when the operator of the mine, locally known as “Sand Land”, Wainscott Sand and Gravel Inc., went to renew the existing permits for the mine, which has been permitted since 1981, according to The East Hampton Star.

This decision by the DEC’s Albany office reverses last year’s ruling by the DEC’s Long Island office that the expansion would not impact the environment and did not need an extensive review, according to Newsday.

After that decision was made, several officials, environmentalists and residents asked the DEC is reconsider at a public hearing led by a DEC administrative law judge in November, which led to the Albany office to review the application, according to 27east.

The operators applied to expand the mine, which is currently covers 50 acres and is 80 feet deep, by 4.9 acres and 40 feet deeper than allowed under the State Mined Lands Reclamation Act Permit, according to 27east.

The DEC denial of the application was due to failing to disclose information, failing to take into consideration the mulching operation on top of the mine of Millstone Road in north Bridgehampton, in addition to issues raised by the Town of Southampton and the Suffolk County Department of Health Services, according to The East Hampton Star.

In the ruling, Gerstman cited a report by the Mine Safety and Health Administration that reported that the owners were faulted for the death of Declan Boland, 50, a worker who died after he was buried while climbing to put out a fire by a poorly maintained slope that collapsed at a different mine operated by Wainscott Sand and Gravel Inc. in East Quogue in February 2014, according to Newsday.

In addition, Gerstman said that between 2009 and 2015, the operators got 21 federal safety violations, according to Newsday.

Tintle was surprised by the decision and claims that the operation did not create any pollution and is an important resource for the East End, according to The Sag Harbor Express.

“This was something that was basically approved and then was denied by the Number 2 at the DEC,” Tintle told The Sag Harbor Express in response to the denial letter written Gerstman to Tintle. “It’s not very often that the Number 2 comes down and weighs in on a mining permit decision.”

The president of the Group for the East End, Robert DeLuca, said that the organization also expressed concern on the project including the possibility for groundwater contamination and issues on planning and zoning on the area which has a ”pre-existing, non-confirming use in an acquifer protection overlay district,” according to The East Hampton Star.

“I’m very happy that the Albany office had the foresight to take a closer look at the application,” he told The Sag Harbor Express. “If nothing else, it is a vindication of everyone who testified.”

Tintle can appeal the new ruling through a request for a public hearing within 30 days of the denial.

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