Amenia considers possible legal action against DEC and Kent Hollow Mining

AMENIA — On Monday, Oct. 1, the Amenia Town Board held a special meeting at Town Hall to address the ongoing Kent Hollow Mining permit request that is currently before the state Department of Environmental Conservation (DEC).The owners of the mine, which is located on Dutchess County Route 2 in Amenia, have operated the mine in the past; however their original permit to do so lapsed in 1989 as stated by town Supervisor Bill Flood.Since that time the mine, the owners claimed, has continued to operate but only at the legal limit of 750,000 cubic yards or 1,000 tons of material a year. They are now requesting the new permit from the DEC in order to expand their mining operation.As a result of their permit request the DEC must grant a 30-day public comment period so that local residents can address their concerns before the permit is granted. The public comment period will end Oct. 19. The Town Board contends that since the mine’s original permit lapsed in 1989 the mine cannot have been grandfathered in as a result of the zoning changes that were adopted by the town in 2007, especially since the property in question now falls outside of the Soil-Mine District. The board also noted during the meeting that the application as filed by Kent Hollow states it is in compliance with local zoning ordinances and that no approval is required by the town of Amenia, which the town also contests.The Town Board requested Attorney to the Town Ian MacDonald draft a letter to the DEC in order to request an extension of the 30-day public comment period so it can thoroughly examine the request before the permit is issued. It also wants time to express its concerns to the DEC.The Town Board discussed possible legal action against both the DEC and Kent Hollow should the DEC grant the permit in spite of the town’s concerns. The board claimed that to date the DEC has been dismissive of its concerns. MacDonald noted that currently the town has no legal standing to do so, but would once the permit is granted and operations begin.WastewaterThe last item covered on the agenda was related to the proposed wastewater project, seeking a possible location for a sub-surface discharge station. The cost to the town for such a station is significantly cheaper, by $900 per household ($2,500 vs. $1,400), than for an above-surface station.One of the possible sites identified in the Clark Engineering study is lot number 132000-7167-00-186672, located on Route 22, which according to the Dutchess County Parcel Access website is an 8.47-acre vacant residential lot valued at $111,800. According to the town, it is currently under tax foreclosure and owned by the county. Time is of the essence as the lot is scheduled to be up for auction on Oct. 17, and in order to determine if the town should acquire the lot a site survey, including test holes, needs to be conducted.To that end the board passed Resolution 67, which authorized the town to enter into a contractual agreement with Clark Engineering and the Dutchess County Wastewater Agency in order to determine the site’s feasibility. The vote was four to one with Flood, Councilmen CJ Hoss, Darlene Riemer and Vicki Doyle voting in favor of the motion and Councilwoman Victoria Perotti voting against it. The individual who originally bought the property in 2004 has until Oct. 17 to pay the back taxes in order to redeem the property.