We Need an Asphalt Facility Like We Need a Sand Pit in Brookhaven By Melvin R McKenzie Jr A “newly” contentious issue surrounding the Roanoke Sand and Gravel Corporation of the Hamlet Of Middle Island in Suffolk County is the proposed siting of a hot-mix drum-type asphalt facility in a heavy industry zone, adjoined on three sides by residential zones and a sod farm on the fourth side, of the Town of Brookhaven. Like the secretive mine permitting process before it, the application in 2003 to construct and operate an asphalt facility was kept secret from the public until 2005. Unlike in the case of the sand and gravel mining application in 1998, the Central Pine Barrens Joint Policy and Planning Commission has asserted jurisdiction over the proposed asphalt facility action as a matter of Regional Significance. But the proposed action by the Roanoke Corporation would not have been enabled, probably, had the Town enforced its mining prohibition law, Chapter 53, adopted in 1987. It would not now be necessary to argue the air contamination issue surrounding asphalt facilities in general. Nor would the increased local travel created by the movement of 350 thousand tons of asphalt pavement be a matter of concern. The possible savings to local, county, state, and federal governments would not be a possibility for the public works and transportation departments, who just want to increase, widen, and repair roads in Suffolk—because that is what they do. (In the 1990’s Suffolk County built an additional 300 miles of roads to support an increased population of 30,000.) But the rate of development which is driving all the traffic, sand and gravel mining, and asphalt pavement manufacturing must be brought under control. The Brookhaven Industrial Development Agency, well meaning as it might be, must stop the incessant demand for businesses and jobs to come here which exacerbates current population distribution and density in Eastern Long Island. Left to developers, there would be no Long Island Pine Barrens Maritime Reserve, or one of its subsets, the Central Pine Barrens. In Suffolk County, there are 39 operational mines (none in Nassau County) and 11 asphalt facilities. Supposedly, the Roanoke Corporation’s mine exists on account of a nonconforming use allowed by the Town when it adopted Chapter 53, Town Code, in 1987. But it is demonstrable that the mine has been expanded beyond exempted land. Furthermore, the mine was abandoned in the late 1990’s when surface mining was completed. The judiciary has supported the loss of nonconforming use entitlement whenever mining has been discontinued, even when a miner could demonstrate an intention to resume mining. So Roanoke Corporation’s basis for siting an asphalt manufacturing facility ought by rights to be a moot issue! Should the asphalt facility not be disapproved by the Commission, whose hands the application is in now, the local community would have to contend for as much as 30 years with the Corporation’s probable operations and maintenance, firefighting and spill prevention program failures in proximity to their artificial reclamation lake. Major enforcement and monitoring of the operations and maintenance and emergency responses by local, county, state, and federal governments would be required to insure all the necessary compliances, including public health, safety, and environment. Tax funding for improved roads to support the Roanoke operations would be essential. Local fire departments would need to obtain apparatus sufficient to protect the property and surrounding areas. It would not be cheap. But the Corporation can not even comply now with Town ordinances on hours of operation and noise abatement, and other boundary-crossing disturbances. In its asphalt facility application, the Corporation would have you believe that there would be no significant increased truck traffic caused by the asphalt facility, but its own figures indicate an increase from the current 100 thousand tons of asphalt sand to roughly 300 thousand tons of asphalt sand annually, in addition to the 1.2 to 1.4 million tons of sand and gravel produced by a one-shift operation. (By going to a second shift, the Corporation reports it could dramatically increase the product—which by the way it appears the Corporation has already done.) The fact is, closing down the mining and reclamation project now would eliminate continuing contentious issues with this property owner. The parcels now under “development” by this miner would better serve the public need as open space, re-forested and re-vegetated. Endangered species and habitats would also be better served if this land were dedicated to the Core Preservation Area of the Central Pine Barrens. Vested rights are undoubtedly involved here and will have to be dealt with. However, it appears that the continued resumed mining has been allowed based on false information used by the Town and/or the NYS Department of Environmental Conservation. Whether this property owner has any vested rights from the investment of $8 million for the floating dredge and wet-processing, computer-controlled, system, under these circumstances is a matter for the courts to decide. Nonetheless, it is unacceptable to allow continued mining (and approval of an asphalt manufacturing facility) for another 30 years on any level: environmental, social, or economic. The purpose of the State is to protect the quality of life for its citizens, especially neighboring citizens. Melvin R McKenzie Jr November 15, 2005 4:20 PM Eastern read articles | submit an article for review
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