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HomeMy WebLinkAbout2024-07-23-TB-FINAL-minutes1
TOWN BOARD MEETING
Town of Ulysses
July 23, 2024
The meeting was held in person at the Town Hall at 10 Elm St., Trumansburg NY as well as via Zoom
videoconference. Notice of Town Board meetings are posted on the Town’s website and Clerk’s board.
Video recordings of meetings are available on Youtube at
https://www.youtube.com/channel/UCWVIs--g9CpHIxdk9YxZyPw.
CALL TO ORDER:
Ms. Olson called the meeting to order at 7pm.
ATTENDANCE:
TOWN OFFICIALS:
In person-
Supervisor- Katelin Olson
Board members- Mary Bouchard, Rich Goldman, Michael Boggs
Town Clerk- Carissa Parlato
Town Planner- Niels Tygesen
Planning Board chair- Karl Klankowski
CSAC (Conservation & Sustainability Advisory Committee) member- Cait Darfler
Via Zoom-
WSPPC (Water Source Protection Plan Committee) & Planning Board member- Linda Liddle
Absent-
Board member- Liz Weatherby
OTHERS:
In person-
George Patte, John Dennis, & Stephanie Redmond(Town of Enfield Supervisor) (from CLEAN
(Cayuga Lake Environmental Action Now)), Nancy Zahler (on behalf of JCA (Jacksonville
Community Association))
Via Zoom-
Diane Hillmann, Matt Horn, Dale Strok, Peter Penniman
APPROVAL OF AGENDA:
Motion:
Mr. Boggs moved to approve the agenda as amended. This was seconded by Ms. Bouchard and
passed unanimously.
PRIVILEGE OF THE FLOOR:
none
PRESENTATION- C.L.E.A.N.
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(See Appendix for letter from CLEAN to NYS)
Ms. Darfler introduced CLEAN and their presentation re: Cargill Salt mine and brine disposal in the
lake area of the town.
Mr. Patte is a lakeshore resident (formerly in the town but now on the east side). He said that in June
2023 Cargill expressed interest in using an abandoned cavern (Crowbar point) as a repository for
leftover salt water. He feels that this is a local issue since Ulysses Lakeshore Zone boundaries go to
the center of the lake as noted in chapter 212 of the Town’s code.
He believes that this would trigger Cargill to need a use variance, which they do not have. He said this
idea has been vetted by an attorney.
Ms. Olson asked who owned the property. Mr. Patte said OGS (NYS Office of Government Services
allows Cargill’s permit and NYS owns it but should be subject to local jurisdiction.
Mr. Dennis says that Cargill is the largest corporation in America and doesn’t recognize NYS. Further,
Cargill likes to work under water because you can get salt easier. And will have exhausted salt
resources by 2032. Cargill tried to sell the empty mine but had no takers. CLEAN’s concern is that
brine will seep into lake and salinize it. He shared information on a 1994 mine collapse and urged the
town to use existing zoning code to reach out to Cargill to let them know about zoning.
Mr. Patte said that if the BZA takes the issue up, it would be subject to SEQR.
Ms. Olson said that this is a serious issue and a collapse would be catastrophic but if Cargill doesn’t
respond to NYS, why to us? She wondered about the status of Cargill’s application to NYS.
Mr. Dennis said he will follow up with DEC on the application status.
The board agreed to move up the agenda DISCUSSION ITEM on this topic:
Ms. Olson said that she spoke to legal and the town does not have the authority to regulate NYS. She
said that we cannot subject the state to town regs and gave the example of Taughannock Park not
needing to come before the town for anything they do in the park. She added that the town will need
to be clear on this issue before trying to do anything on this issue.
Mr. Patte said that their legal counsel is happy to discuss with us, as they believe that we do have
jurisdiction.
Mr. Dennis said that the town could still place a moratoria on mining under the land as Cargill has
mineral rights.
Ms. Olson said that a moratoria is a tool (rather than a solution) used to pause development in order
to get zoning laws. Prohibition is a solution.
Ms. Rose asked if the town can outlaw any practices that would help ban the practice like the way
fracking was essentially banned by prohibiting large trucks.
3
Ms. Darfler said that she doesn’t think Cargill is adding extra chemicals to the brine.
Mr. Dennis said that they add extra salt and something else.
Ms. Darfler added that CSAC is interested in this issue and added that we should be interested in
what will happen when the mine is closed so we can start planning for it.
Ms. Olson asked whether CLEAN has reached out to state reps. Ms. Redmond said that there is
legislation being discussed on the issue but it is too minimal.
OLD BUSINESS:
UNITED WAY 2024-2025 IMPACT PARTNER MEMORANDUM OF AGREEMENT
RESOLUTION # 127 OF 2024: UNITED WAY 2024-2025 IMPACT PARTNER MEMORANDUM OF
AGREEMENT
RESOLVED, the Town Board approves the Town Supervisor to sign United Way 2024-2025
Impact Partner Memorandum of Agreement; and be it
FURTHER RESOLVED, the Town Board directs the Town Clerk to submit the signed agreement
on behalf of the Town.
Moved: Mr. Goldman Seconded: Ms. Bouchard
Olson aye
Boggs aye
Bouchard aye
Goldman aye
Weatherby absent
Vote: 4-0
Date Adopted: 7/23/24
COMPREHENSIVE PLAN CONSULTANT CONTRACT AUTHORIZATION
Ms. Olson said that as per the board’s previous discussion, the contract will include an ethical barrier
between engineering and planning.
RESOLUTION # 128 OF 2024: COMPREHENSIVE PLAN CONSULTANT CONTRACT
AUTHORIZATION
WHEREAS, on June 25, 2024 the Town of Ulysses authorized the Town Supervisor to enter into
contract negotiations with MRB Group to provide consulting services for the development of
the Town’s 2025-2045 Comprehensive Plan; and
WHEREAS, the contract may require additional minor changes in language to satisfy the
Town’s attorney; and
WHEREAS, the Town Planner understands from the NY DEC grant representative that the
contract fulfills the grant’s requirements;
NOW, THEREFORE, BE IT
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RESOLVED, the Town Board authorizes the Town Attorney to make necessary minor
alterations to the contract in order to fulfill the best interests of the Town; and be it
FURTHER RESOLVED, the Town Board authorizes the Town Supervisor to sign the contract
after approval by the Town’s attorney.
Moved: Mr. Goldman Seconded: Ms. Bouchard
Olson aye
Boggs aye
Bouchard aye
Goldman aye
Weatherby absent
Vote: 4-0
Date Adopted: 7/23/24
AUTHORIZING USE OF THE AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR SPECIAL PROJECTS
RESOLUTION # 129 OF 2024: AUTHORIZING USE OF THE AMERICAN RESCUE PLAN ACT
(ARPA) FUNDS FOR SPECIAL PROJECTS
Whereas, the following projects have been previously been identified for funding through
ARPA funds at a variety of previous Town Board meetings, and
Whereas, estimates for these projects were used for place holders as the exact cost of these
projects was not known at the time,
Whereas, taking these project expenses into account, the balance of ARPA funds still to be
appropriated is $255,335
Therefore, be it resolved that the following projects with final expenses will be offset with
ARPA funds:
a. Project: IT Modernization
i.Original estimate: $42,000
ii.Actual: $27,069
b. Project: Parking Lot Renovation Scoping and Estimate Work
i.Original estimate: $2,795
ii.Actual: $2,795
c. Project: Town Hall Safety Assessment
i.Original estimate: $1,250
ii.Actual: $1,250
Moved: Mr. Boggs Seconded: Ms. Bouchard
Olson aye
Boggs aye
Bouchard aye
Goldman aye
5
Weatherby absent
Vote: 4-0
Date Adopted: 7/23/24
NEW BUSINESS:
TOWN BOARD/PLANNING BOARD COORDINATION ON FUTURE PROJECTS
Ms. Olson suggested that a small, adhoc group meet to discuss and share information on future
Planning Board projects and the importance of respecting and valuing planning board members.
Mr. Boggs (Planning Board liaison) said that himself and the Planning Board started discussing
waterways and identifying them as many are not on our maps.
Mr. Klankowski said that the town also needs to work on signage, noise issues, GIS data, and defunct
dev districts. He asked how the Town Board would like to prioritize.
Ms. Olson reiterated that coordination is key so the two boards can work together to identify, define
and work on issues. She is planning to seek out grant funds next year to be able to start a zoning
update immediately after the comp plan is completed at the end of 2025.
PRESENTATION- JACKSONVILLE COMMUNITY ASSOCIATION
Ms. Zahler introduced Jon Froehlich, the JCA chair. Mr. Froelich shared a power point presentation
with general information on the JCA’s inception, mission statement, and current projects (including
bathroom, trail maintenance, and accessibility).
ACTIVE PROJECTS (2024 AND BEYOND)
Ms. Olson gave an update on current and upcoming projects to keep in mind as the 2025 budget is
being formulated:
• Solar panel
• Parking lot
• Comp plan update
• ADA accessible door
• DPW transition
• Records-related projects
• Zoning update- searching for funds next
• Maplewood & Curry Rd. culverts
• Camp Barton, recreation, youth development
• Facilities issues
2025 BUDGET PROCESS
Ms. Olson shared information on the tax cap – 2.98% and increase of ~$48,000. The town has never
overridden it but has often passed a local law to override it as a safety valve.
Ms. Olson asked the board whether they wanted to pass it pre-emptively. Mr. Goldman, Mr. Boggs
and Ms. Olson think it is prudent to pass it as there are many unknowns.
6
The group briefly discussed fire and ambulance billing.
RECOGNIZING TOWN SUPERVISOR KATELIN OLSON AS BUDGET OFFICER
RESOLUTION # 130 OF 2024: RECOGNIZING TOWN SUPERVISOR KATELIN OLSON AS BUDGET
OFFICER
Whereas, Michelle E. Wright was appointed as Budget Officer at the 2024 Organizational
Meeting, and
Whereas, Michelle’s role will be changing and reduced to lesser weekly hours as she
transitions to full time enrollment in school
Therefore, be it resolved that Town Supervisor Katelin Olson will take over as the Budget
Officer starting August 12th, 2024.
Moved: Mr. Goldman Seconded: Mr. Boggs
Olson aye
Boggs aye
Bouchard aye
Goldman aye
Weatherby aye
Vote: 5-0
Date Adopted: 7/23/24
BUDGET REQUESTS DUE JULY 26, 2024
UPCOMING EVENTS:
August 13 – Regular Meeting, 7pm @ Town Hall
Week of August 19- possible Special Town Board mtg
August 27 – Regular Meeting Cancelled
September 2 – Town Facilities Closed for Labor Day
APPROVAL OF MINUTES:
RESOLUTION # 131 of 2024: APPROVAL OF MINUTES
RESOLVED, that the Ulysses Town Board approve the 7/9/24 meeting minutes as amended.
Moved: Mr. Goldman Seconded: Mr. Boggs
Olson aye
Boggs aye
Bouchard aye
Goldman aye
Weatherby absent
Vote: 4-0
Date Adopted: 7/23/24
7
PRIVILEGE OF THE FLOOR (3 min limit per person):
Ms. Rose shared concerns related to town development, property codes and pesticide use. (see
Appendix).
EXECUTIVE SESSION
Mr. Goldman moved to go into Executive Session at 8:45pm to discuss union negotiations. This was
seconded by Ms. Bouchard and passed unanimously.
Ms. Bouchard moved to end Executive Session at 8:55pm. This was seconded by Mr. Boggs and
passed unanimously.
ADJOURN:
Mr. Goldman made a motion to adjourn at 8:55pm. This was seconded by Ms. Bouchard and passed
unanimously.
Respectfully submitted by Carissa Parlato, Town Clerk
8/9/24
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APPENDIX:
COMMENTS FROM MS. ROSE:
Preserving Town Environmental Health through Zoned Requirements for Native Species Plantings—
Resources
Submitted to Town of Ulysses Board 7/23/2024 for use in enacting 1) Local Law assuring private
property owners’ right to cultivate and maintain native habitat in place of invasives, clone cultivars,
and turf lawns; 2) Town zoning that requires all developers to use at minimum 70% native plant
species in landscaping; 3) Town practice of installing and maintaining only native plant species on
Town owned or maintained property; 4) Local Law barring use of NYS listed prohibited or invasive
plants on any property.
New York State Property Maintenance Code does not protect private property owner rights to
cultivate habitat to support pollinator or bird species. Habitat incorporates native species plantings
and low-impact/no pesticide-herbicide use cultivation practices to provide 5 essential characteristics:
water, nesting, nectar/food, cover, and overwintering.
Town of Ulysses Town Board has already established a Bee Committee. As zoning goes forward, it has
the opportunity to support Town environmental health by incorporating required use of native plant
species only on Town properties and in development zoning, and by explicitly allowing cultivated
pollinator and bird habitat on business and residential properties.
New York State
NY DEC study documenting NY native pollinator decline 2017-2021
https://www.nynhp.org/projects/pollinators/
Birds and Bees Act Protection Act of 2023 (restricts use of some pesticides after 2027)
https://www.governor.ny.gov/news/governor-hochul-signs-birds-and-bees-act-nation-leading-
legislation-protect-new-yorkers-and
NY Pollinator Pathway Program through Cornell Cooperative Extension
https://extapps.dec.ny.gov/docs/wildlife_pdf/pollinatorpathway.pdf
Tompkins County https://www.pollinator-pathway.org/towns/tompkins-county
Town of Ulysses https://www.townofulyssesny.gov/boards/ulysses-bee-committee/
Model Legislation
Maryland 2021 disallows property restrictions limiting owner right to low-impact landscaping
https://legiscan.com/MD/text/HB322/2021 CT Townships require municipalities and developers to
plant native plants https://50789496-1896-4174-a2f8-
c054f57a30c4.usrfiles.com/ugd/507894_ceeeb48cb69a481393dba2ac9b3b1cd5.pdf
9
Town of Sylva NC zoning regulations 2021 (Section 7.8 Landscaping Regulations p. 7-33 and Appendix)
requires retention of native trees in all development and “use of Native Plants” in all landscaping
requirements.
https://web.archive.org/web/20230625191045/https://sylvanc.govoffice3.com/vertical/sites/%7B95
F568B6-3344-493D-BB06-
9C8755ED7CA2%7D/uploads/Sylva_Zoning_Ordinance_Update_and_160D_FINAL(1).pdf
Town of Victor NY requires all plantings to “to satisfy landscaping and landscaped area requirements
shall be comprised of at least 70% native plant species” https://ecode360.com/8088346#8088345
Regional Resources
Habitat Gardening in Central New York, Syracuse-based regional chapter of the national organization
Wild Ones: Native Plants, Natural Landscapes providing trainings, garden tours, plant sales and more
https://www.hgcny.org/
Finger Lakes Native Plant Society for the study and appreciation of native plants: presentations,
garden tours, annual plant sale, newsletter and searchable list of Tompkins County native plants by
characteristic and need https://flnps.org/
Ithaca Native Landscape Symposium annual continuing education for NYS licensed landscape
architects https://www.ithacanativelandscape.com/
How To for private property owners Our Habitat Garden in Central New York
https://ourhabitatgarden.org/ provides information about one couple’s transformation of a suburban
lawn into habitat and edible/vegetable gardens. Homegrown National Park
https://homegrownnationalpark.org/ recognizing that no government is addressing the decline of
biodiversity, helps homeowners rebuild habitat by cultivating keystone species (host to most kinds of
native pollinators and insects) one property at a time.
Certifications
Are offered by Xerces Society for native pollinator gardens, National Wildlife Federation for habitat
gardens, Wild Ones for habitat gardens, and Homegrown National Parks for planting “keystone”
species.
Local Native Plant Species Sources Grow Wild, 245 Speed Hill Rd., Brooktondale NY
https://www.growwildnatives.com/ The Plantsmen, 482 Peruville Rd., Groton NY
https://www.plantsmen.com/
Cayuga Landscape (has some native trees and shrubs) 2712 N. Triphammer Rd., Ithaca NY White Oak
Nursery Geneva/Canandaigua by appointment http://whiteoaknursery.biz/
Cornell Plantations spring sale (has plants from Finger Lakes Native Plant Society members
CLEAN Steering Committee
893 Cayuga Heights Rd,
Ithaca, NY 14850
P: 607-227-5172
CLEANCayugaLake@gmail.com
www.CLEANcayugalake.org
February 12, 2024
Ms. Dereth Glance
Regional Director
NYS Department of Environmental Conservation Region 7
By e-mail to: dereth.glance@dec.ny.gov
Re: NOIA sent to Cargill re application to modify permit to allow flooding to S3 portion of
Cayuga Salt Mine
Dear Ms. Glance:
As you may have noticed in my letter to you of February 5th, I say at the end that the renewal of
Cargill’s mining permit cannot be treated as an automatic administrative procedure due to
Cargill’s stated need to flood the south end of the mine. On the contrary, a “good hard look” is
needed, meaning that DEC and the Office of General Services (OGS) should not allow
irreversible flooding of the mine to proceed without evaluation of the consequences. In this letter
I provide additional detail, including the following points:
• Proposed storage of water/brine under the lake in the 6-level mine is a material change.
• Proposed storage of water/brine under the lake in the 6-level mine does not fall
automatically (ministerially) within the permission to mine rock salt that has been granted
to Cargill under the terms of its lease or “consent order” from OGS.
• OGS needs to be an involved agency, along with DEC, in reviewing the proposed
storage.
• Proposed storage of water/brine under the lake in the 6-level mine will be, for all intents
and purposes, irreversible flooding and disposal rather than temporary storage.
• Proposed storage of water/brine under the lake in the 6-level mine will affect and may
foreclose future use of State resources, including mineral resources, in ways that cannot
responsibly be ignored or dismissed without appropriate review.
• There are foreseeable consequences of the proposed storage of water/brine under the lake
in the 6-level mine.
2
Proposed storage of water/brine under the lake in the 6-level mine is a material change
The nature, scale, and irreversibility of the proposed storage make this a material change. We
are aware of and disagree with the statement, on p. 2 of the June 2023 application submitted to
DEC by Cargill consultant JMT, that:
There are no proposed changes to Cargill’s existing and approved mining operations and
methods.
Part of the same application document, in the section of its “S3 Water Storage Overview” quoted
below, directly contradicts Cargill’s claim of “no proposed changes”:
The Cayuga mine’s primary water storage has historically been in the abandoned
workings on 4-Level. To extend the mine’s water storage capacity, Cargill plans to
establish a water storage area in the abandoned S3 mains and adjacent E3-E9 panels at
the south end of the mine....
This plan of “establish[ing] a water storage area in the abandoned S3 mains and adjacent E3-E9
panels” is clearly a change. Its nature, scale, and irreversibility make it a material change, as we
show here and are in the process of demonstrating in more detail. Furthermore, having reviewed
19 years of annual reports to DEC and many other documents, we consider the claim of “no
proposed changes” to be untrue for various reasons including:
1) Whereas DEC did allow brine storage ponds to be created at U58 and U60 with a storage
capacity of 5.5M gallons, these were temporary ponds designed to hold process and
leakage waters associated with the upboring of Shaft No. 4. Recent Cargill Annual
Reports to DEC do not list any inflows to the mine from Shaft #4 and thus we assume
that these ponds are no longer receiving new inflows, and may have been depleted or
even emptied for dust control uses on mine roadways, such that they have served a
genuine purpose of temporary brine storage rather than the current proposal’s purpose of
irreversible brine disposal. See below for further discussion of irreversibility.
2) Whereas brine storage ponds have been allowed on the 4-level mine for many years,
these have been largely under land and wholly within a level of the mine that is no longer
contributing to active production in any way.
3) Brine from “U12 depressurizing boreholes” (see pp.4-5 of the 2 August 2023 Boyd
Report to DEC) is the first instance we know of in the history of this mine for the use of
depressurizing boreholes at U12 or anywhere else in the mine. It is also the first Cargill-
acknowledged instance of a brine source from within the mine as opposed to from shaft
leakage waters or saline water piped from the surface. Such use of depressurizing also
constitutes a material change in mining conditions. We are in the process of reviewing
this issue in more detail and will provide additional information in the near future.
3
Proposed storage of water/brine under the lake in the 6-level mine does not fall
automatically (ministerially) within the permission to mine rock salt that has been granted
to Cargill under the terms of its lease or “consent order” from OGS
The plain language of Cargill’s lease or “consent order” covers the mining of salt. We recognize
that OGS as lessor might expand the terms of such lease to cover brine storage or disposal within
the portion of the mine that lies under the lake, but any OGS decision to do so would be
discretionary rather than ministerial. It cannot be treated as an automatic decision or lack of
decision. Note that New York’s other operating rock salt mine, located in Livingston County, is
said not to store water/brine underground, so mining of salt doesn’t necessarily encompass
underground water/brine storage. Nor is this exclusively a matter for OGS. DEC has authority
under the Public Lands Law (PBL § 75(7)(g)(ii)) to notify OGS of any failure to comply with
conditions of a lease, easement or other interest, and may potentially be involved in steps taken
to correct such failure. We bring this issue to DEC’s attention because of the authority thus
granted under PBL 75(7)(g)(ii).
OGS needs to be an involved agency, along with DEC, in reviewing the proposed storage
The role of an involved agency is spelled out in the SEQR implementing regulations at 6
NYCRR 617.2(t), which certainly applies to the present circumstances where the proposed
water/brine storage needs both a DEC permit modification and an OGS lease modification. We
see that the Environmental Assessment Form (EAF) dated June 15, 2023, does not acknowledge
either the role of OGS or certain other discretionary decisions mentioned in this letter. Given
these omissions, and given the issuance of the NOIA on January 17, 2024, what’s the procedure
for changing or replacing the existing EAF in light of such omissions and the issues set forth in
the NOIA?
More generally, how have DEC and OGS coordinated their respective SEQR obligations when,
as here, there may be impacts associated with how state lands are used? For example, when OGS
renews a lease, how does OGS determine whether or not there may be impacts? Does OGS ask
DEC for an opinion? Is there a formal interagency policy on such coordination, relating either to
DEC and OGS generally or relating specifically to coordinating the Cargill mine permit with the
Cargill mine lease? Is such an interagency policy written, for example as a Memorandum of
Understanding? If so, may we have a copy from you or by FOIL?
Proposed storage of water/brine under the lake in the 6-level mine will be, for all intents
and purposes, irreversible flooding and disposal rather than temporary storage
Irreversibility of the proposed storage, making it permanent disposal rather than temporary
storage, is apparently recognized. See, for example, the January 17 NOIA in which DEC asks
4
about “the approximate dates that convergence monitoring stations will be inundated, preventing
safe access and necessitating the abandonment of the stations.” This indicates that the proposed
storage is expected to be irreversible. See below for further discussion of this topic.
Proposed storage of water/brine under the lake in the 6-level mine will affect and may
foreclose future use of State resources, including mineral resources, in ways that cannot
responsibly be ignored or dismissed without appropriate review
While we would generally not promote further mining under the lake, we recognize the right of
future generations to have reasonable access to resources they may deem valuable. Policies that
preserve future access to such resources are important, not only in our view but also as a matter
of state policy. See, for example, the following excerpt from DEC’s SEQR Handbook, 4th
edition, page 121, which outlines how review processes should address irreversible and
irretrievable commitments of resources:
The extent to which a proposed action may cause permanent loss of one or more
environmental resources should be identified as specifically as possible based upon
available information. Resources which should be considered include natural and
manmade resources that would be consumed, converted or made unavailable for further
uses due to construction, operation, or use of the proposed project, whether those losses
would occur in the immediate future, or over the long term.
Simply put, deliberate flooding such as the proposed water/brine storage would make the mine
“unavailable for further uses” in the sense discussed in the SEQR Handbook. A decision to flood
or not to flood may be justified when current and future priorities are reviewed and compared,
but, in any case, such a decision is discretionary and needs to be supported by environmental
review.
There are foreseeable consequences of the proposed storage of water/brine under the lake
in the 6-level mine
• There are known problems with depressurizing rock units above a mine, as we outlined in
our recent poster presentation at the Finger Lakes Institute research conference. We are
now in the process of combining that information with recently released information from
Boyd and other sources on depressurization above the Cayuga Mine, and also with
historic information on some of the drastic consequences that prompted Cargill to
abandon mining in the S3 area in the first place. While we are still in the process of
reviewing this issue in more detail and expect to provide additional information in the
near future, it’s clear that attention will need to be paid to the foreseeable consequences.
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• Studies done to date on global stability of the mine, whether by RESPEC or Agapito
Associates or others, need to be available to independent third-party reviewers before
they can be regarded as valid safeguards against foreseeable consequences. Geophysical
models are generally simplifications of the real world; are the simplifications justified?
What stress fields are included? Is regional compressive tectonic stress included? Is stress
redistribution due to depressurization included? How is the continual stress redistribution
due to ongoing subsidence modeled? These and various other questions need to be
reviewable in a reasonably open process.
• When considering foreseeable consequences, it’s useful to recognize how these are
handled in a SEQR context. The procedure spelled out in 6 NYCRR 617.9 (b)(6) covers
steps needed in an environmental review “if information about reasonably foreseeable
catastrophic impacts to the environment is unavailable because the cost to obtain it is
exorbitant, or the means to obtain it are unknown, or there is uncertainty about its
validity, and such information is essential to an agency's SEQR findings…”
As noted, we expect to provide additional information in the near future. In the meantime, we
look forward to hearing from you on the important matters set forth above.
Best regards,
John V. Dennis
President, CLEAN
Copies:
-Kevin Balduzzi, Regional Permit Administrator, DEC Region 7
-Margaret Sheen, Regional Attorney, DEC Region 7
-Jonathan Stercho, Deputy Regional Permit Administrator, DEC Region 7
-Stephanie Redmond, Program Manager, CLEAN
-Raymond Vaughan, PhD, PG, geologist consultant advising CLEAN