Kent Hollow Mine application reappears before town

AMENIA — Beyond the resolutions and anticipated public comments on the agenda, the main point of discussion at the Town Board’s Thursday, Feb. 16, meeting was whether the board should act as the lead agency in the proposed  Kent Hollow Mine application.

The meeting’s first segment of public comment incorporated a number of local residents who wanted to voice their concerns.  

Mark Doyle of Wassaic, husband of Councilwoman Vicki Doyle, asked about a request from New York State Department of Environmental Conservation (DEC) as to whether the Town Board wants to take lead agency status. 

The application is for a large gravel mine known as Kent Hollow Mine. The permit application was before the board once before and was withdrawn by Kent Hollow Sand and Gravel in November 2013. 

He asked the Town Board’s plans, and urged the board to bring in the town attorney or Planning Board to prioritize issues the town would like investigated by the DEC. 

Potential issues to be investigated included the likelihood of more rattlesnake dens within proximity of the site than was previously reported, the discovery of a former Native American fire ring with artifacts that the applicant proposed be moved and stored elsewhere, an update of noise and traffic studies and the impact of town zoning on the project.

“There needs to be a strong response for this from the town,” Doyle said. 

Following his comments,  town Supervisor Victoria Perotti noted the issue would be evaluated later in the meeting. 

As written on the website for the environmental organization Oblong Valley Association (OVA), the Kent Hollow Mine operation has posed several threats to both the proposed territory and its residents through what it called a “stealth campaign.”  

OVA said in addition to destroying the area’s natural beauty and agricultural potential, the project would potentially imperil  wildlife species and habitats, threaten residents’ water and air quality, tamper with the area’s preservation and diminish road safety for all users through the addition of 6,000 truck trips each year.

The subject of Kent Hollow and the application for the new mine was later reiterated by South Amenia resident Andy Durbridge, with reference to the board’s review of crucial content in the application. Durbridge also spoke of the lead agency question.

“It is not unusual for a municipality to want to take on that role,” Durbridge said as he urged the board to discuss the matter with attorney David Everett and the town consultant. 

While Durbridge mentioned that the DEC is proficient in the review process, his main argument for the board to consider taking on the role reflected on the town of Amenia’s role in controlling land use. An issue with regards to zoning was also taken into detailed contemplation. 

“This is all the more important because you’re setting precedents,” explained Durbridge. “When you talk about land use issues, if you are lead agent, you are not excluding any other agents or any other groups from the process, but you have a much more serious status in control of the situation with regard to your land use.” 

In agreement with Durbridge, Doyle expressed his belief that it would be wise of the Town Board to consider taking on the position, especially with the knowledge that “the significance of Amenia zoning has decreased in the mind of DEC.

“It’s not so much about timber rattlesnakes or bog turtles,” said Doyle. “I don’t think that DEC is likely to consider the concerns of the town of Amenia as far as land and zoning.”

In terms of deciding whether to act as lead agency over the application, members of the board were conflicted.

“We have to decide whether we’re going to be the lead agency or whether DEC is going to be the lead agency,” said Councilman Mike DeLango. “Are we setting precedents or are we not setting precedents?”

Given that the Town Board has been allowed 30 days to make a decision, Perotti added that the present concern of the Town Board is how the members should respond to the letter of agency. To shed a light on both the reality of the situation and the advantages of the lead agency role, attorney Everett took to the podium. 

“Just because you ask for the agency status doesn’t mean you’ll get it,” said Everett. “In this situation, I would expect DEC would also want to be the lead agency since they were the lead agency over the last couple of years.”

While the DEC has the advantage of mining expertise and knowledge of the issues at hand, Everett said if the Town Board was lead agency, it could identify environmental issues it wants studied and addressed.

The board made the motion to respond to the DEC and request the position of lead agency. The motion failed due to lack of a majority. 

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