When the New York State Legislature passed the landmark State Environmental Quality Review Act (SEQRA) in 1976, it exempted activities "undertaken or approved" prior to its effective date from comprehensive environmental review. Known as "grandfathering," this provision is what St. Lawrence Cement (SLC) is invoking to prevent the state from fully reviewing the 1,200-acre mine for the company's proposed cement plant in the Town of Greenport in Columbia County.
SEQRA, however, also provides that a previously grandfathered activity can be ungrandfathered, subjecting it to rigorous environmental review. Activities can be unexempted if, "it is still practicable either to modify the action in such a way as to mitigate potentially adverse environmental effects or to choose a feasible or less environmentally damaging alternative."
In addition, the state's highest court, the Court of Appeals, has ruled that when there is a substantial change in the level of operation proposed, an activity may be ungrandfathered, notwithstanding that the nature of the activity remains unchanged. The Hudson Valley Preservation Coalition (HVPC), of which Scenic Hudson is a member, and Friends of Hudson are strenuously advocating such a result. |
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Last December Department of Environmental Conservation administrative law judges ruled that the 1,200-acre mine should be ungrandfathered and subjected to review. DEC Commissioner Erin M. Crotty, however, ordered hearings on the matter. These proceedings commenced in February and March. The HVPC supports ungrandfathering because the scope of mining that SLC proposes - removal of 6.7 million tons per year (MTY) of limestone - dwarfs any and all prior activity at the mine, which never exceeded 1.5 MTY and frequently was much less. Indeed in the years directly preceding the date that SEQRA would have applied, the cement plant at the site was shut down, and there was no activity at the mine.
If the commissioner ungrandfathers the mine, the facility will require a full environmental review under SEQRA. Her decision is expected this summer. |
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MINE CONTROVERSY IN MILAN
Red Wing Sand and Gravel's proposal to mine on its 136-acre property in the bucolic Town of Milan in Dutchess County has galvanized residents. Red Wing requested rezoning to allow the mining, which would bring heavy truck traffic to a winding, scenic road and potentially impact the area's hydrogeology.
Together with residents, Scenic Hudson has called on the town board to reject the zoning change and preserve the town's rural character. The proposal also is undergoing a state permit review. |
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| Illustration by Dan Baxter |
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