URGENT! THE PRESENT - 2007 - Buffalo Crushed Stone, Inc.August 29, 2007NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING
NOTICE OF ACCEPTANCE OF DRAFT ENVIRONMENTAL IMPACT STATEMENT
NOTICE OF COMPLETE APPLICATION DATE: August 29, 2007 APPLICANT: Buffalo Crushed Stone, Inc.
2544 Clinton Street, West Seneca, New York 14224 NYSDEC APPLICATION ID: 9-1430-00014/00011 PERMITS APPLIED FOR: Article 23, Title 27: Mined Land Reclamation FACILITY: Buffalo Crushed Stone - Como Park Boulevard (Cheektowaga) Quarry
500 Como Park Boulevard, Cheektowaga, New York 14227 PROJECT DESCRIPTION: The New York State Department of Environmental Conservation (DEC), as State Environmental Quality Review Act (SEQR) Lead Agency, has accepted a Draft Environmental Impact Statement (EIS) on the proposed Modification of Permit to Mine at the Como Park Boulevard Quarry located in the Town of Cheektowaga, Erie County. The proposed action is the mining of approximately 40 acres of land between the east and west basins of an existing hard rock (limestone) quarry. The proposed action would relocate asphalt and rock crushing plants and material stockpiles to the bottom of the east basin more than 100 feet below grade and will extend the life of the mine by about 20 years. NOTICE OF COMPLETE APPLICATION: Applicant was notified by letter dated August 29, 2007 that the application was complete. DEC STAFF POSITION: The Department has prepared a draft permit for the proposed facility. The draft permit will allow for a draft Mined Land Reclamation Permit for the proposed modification. The draft Mined Land Reclamation Permit will allow for the mining of approximately 40 acres of land between the east and west basins of the existing quarry. The proposed action would extend the life of the mine by about 20 years. The draft permit represents a tentative determination and does not signify Departmental approval for or endorsement of the proposed project. PUBLIC HEARING AND ISSUES CONFERENCE: A legislative hearing on the application and the Draft EIS will be held to receive unsworn statements from the public on October 15, 2007. There will be two hearing sessions, the first at 3:00 p.m. and the second beginning at 6:30 p.m. at the following location: BELLEVUE FIRE HALL
511 COMO PARK BOULEVARD
CHEEKTOWAGA, NEW YORK 14227
All persons, organizations, corporations or government agencies that may be affected by the proposed project are invited to attend the legislative hearing and to submit oral comments on the Draft EIS, application and draft permit. No prior filing is required to participate. However, the ALJ may restrict the time available to 5 minutes for each person, to ensure that all persons will have an opportunity to be heard. It is recommended that lengthy comments be submitted in writing at the hearing. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ identified below, at least ten (10) business days prior to the hearing. WRITTEN PUBLIC COMMENTS: All interested parties may submit written comments at the hearing or by mail no later than NOVEMBER 9, 2007 to Administrative Law Judge Molly T. McBride, NYS Department of Environmental Conservation, Office of Hearings and Mediation, 625 Broadway, 1st Floor, Albany, NY 12233-1550, with a copy to David Denk, New York State Department of Environmental Conservation, Region 9, Division of Environmental Permits, 270 Michigan Avenue, Buffalo, New York 14203-2999. Equal weight will be given to both oral and written comments. ISSUES CONFERENCE: A pre-adjudicatory issues conference will be held on October 16, 2007 at 9:00 A.M. at BELLEVUE FIRE HALL
511 COMO PARK BOULEVARD
CHEEKTOWAGA, NEW YORK 14227
The purpose of the issues conference is to define, narrow and if possible, resolve proposed adjudicable issues concerning the action which is being proposed. The Issues Conference may be canceled if no petitions for party status are timely filed. An adjudicatory hearing, if necessary, will be scheduled for a later date. FILING FOR PARTY STATUS: Party status to participate at the adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status, pursuant to 6 NYCRR 624.5 and 624.4. A petitioner for party status must demonstrate that a substantive and significant issue exists concerning the proposed permit. The DEC Staff and the Applicant/Permittee are parties to the hearing under the procedures in 6 NYCRR Part 624. Please see 6 NYCRR 624.4 and 624.5 for further information on party status and identification of issues. All petitions seeking party status must be received by 4:00 p.m. on October 1, 2007. One copy of any petition requesting either full party status or amicus status must be served upon the following individuals:
(1) Administrative Law Judge Molly T. McBride, NYSDEC Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, NY 12233-1550; (2) David Stever, Esq., NYSDEC Region 9, 270 Michigan Avenue, Buffalo, New York 14203-2999; and (3) Joseph LaRaiso, Buffalo Crushed Stone, Inc 2544 Clinton Street, West Seneca, New York 14224. The permit application and supporting materials as well as the Draft EIS and the Department's draft permit are available for review at the following locations during normal business hours: NYS Department of Environmental Conservation
270 Michigan Avenue
Buffalo, New York 14203-2999
Contact Person: David S. Denk
(716) 851-7165 Buffalo Crushed Stone, Inc.
2544 Clinton Street
West Seneca, New York 14224
Contact Person: Joseph S. Laraiso
(716) 826-7310 Town of Cheektowaga Town Hall
3301 Broadway
Cheektowaga, New York 14227
Contact Person: Town Clerk
(716) 686-3400 Cheektowaga Public Library
1030 Losson Road
Cheektowaga, New York 14227
Contact Person: Document Custodian
(716) 668-4991 The Draft EIS can be accessed through the applicant's website at: http://www.buffalocrushedstone.com/ STATE ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA") DETERMINATION: The project is a Type I Action. A Draft Supplemental Environmental Impact Statement has been prepared. New York State Department of Environmental Conservation (Region 9 - see contact address below) is the SEQR Lead Agency. STATE HISTORIC PRESERVATION ACT ("SHPA") DETERMINATION: Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required. STATUTORY and REGULATORY PROVISIONS: ECL Article 23 (Minded Land Reclamation); Part 617 (SEQRA); Part 621 (Uniform Procedures); and Part 624 (Permit Hearing Procedures).
August 29, 2007
Albany, New York
JAMES T. MCCLYMONDS
CHIEF ADMINISTRATIVE LAW JUDGE
PAST: Cheektowaga Citizens Coalition Inc. Citizens Environmental Coalition For Immediate Release Saturday March 14,2004 JohnStonefield,CCC Mike Schade, CEC 716 885-6848 First Bellevue Bucket Brigade Test Results Find Hydrogen Sulfide 72.7 Times Above State Guidelines in Neighborhood Around Buffalo Crushed Stone High Levels of hydrogen Sulfide dumped by Buffalo Crushed Stone after hours. (Cheektowaga, NY) Today, the Cheektowaga Citizens Coalition Inc. and Citizens Environmental Coalition reported their first set of Bucket Brigade test results, which showed levels of toxic chemicals in the air around Buffalo Crushed Stone, Hydrogen Sulfide was found above the NYS Department of Environmental Conservation (DEC) ambient air guideline. Hydrogen sulfide is considered a broad-spectrum poison, meaning it can poison several different systems in the body. According to the agency for Toxic Substances and disease Registry (ATSDR) - Exposure to low concentrations can result in eye irritation, a sore throat and cough, shortness of breath, and fluid in the lungs. These symptoms usually go away in a few weeks. Long-term, low-level exposure may result in fatigue, loss of appetite, headaches, irritability, poor memory, and dizziness. Because it is heavier than air, hydrogen sulfide tends to sink, and because children are shorter than adults, they may be more likely to be exposed to larger amounts than adults in the same situations. "I have lived a few blocks from Buffalo Crushed Stone for decades, and today I have an extremely rare form of amnesia," said,George Nelson a Cheektowaga resident who lives near Buffalo Crushed Stone. "Now that we know that levels of Hydrogen sulfide are above state guidelines, Buffalo Crushed Stone and New York State need to take more steps to protect our health. Even though we do not know for sure that these emissions are causing health problems we do know that toxic air exacerbates existing health problems. Buffalo Crushed Stone needs to mitigate the effects of this chemical on neighbors and employees. My immune system is already precarious and I don't need to be inhaling Hydrogen Sulfide gas to make it worse. Even if the chemicals were proven harmless---the stink degrades living here and assaults the senses." The February 24, 2004 sample was taken at 9:00 PM after quarry hours. The location was Como Park Blvd, adjacent to the BCS culvert fenceline. Samplers noticed strong odors while the sample was being taken, and experienced headaches and nausea after the sample was complete. Levels of Hydrogen Sulfide were detected at 72.7pgm or 72.7 times above the DEC ambient air annual guideline concentration. "The people in this community have the right to know about chemicals released into their neighborhood," said John Stonefield, of the Cheektowaga Citizens Coalition. "For many years, we have been asking for more information. Now, we taking matters into our own hands by monitoring the air ourselves." "This data proves that Buffalo Crushed Stone continues to violate our right to a clean and healthy environment," said Mike Schade, Western New York Director of Citizens Environmental Coalition. "Why was Buffalo Crushed Stone dumping significant amounts of toxins after hours, in the dark, on February 24? It is unacceptable for Buffalo Crushed Stone to act as though they are above the law, spewing dangerous chemicals into the air at rates that are above ambient air guidelines. It is time for the NYS Department of Environmental Conservation and Buffalo Crushed Stone to install additional ambient air monitors in the Bellevue neighborhood. "Buffalo Crushed Stone should be ashamed for knowingly and blatantly poisoning people," said Karen Kalstek of the Cheektowaga Citizens Coaltion. "The consequences of their arrogance have been found in people living close to Buffalo Crushed Stone. These include: Asthma, COPD, leukemia, chronic headaches, bowl disorders, thyroid and skin cancer, auto immune diseases, and seizures." The "Bucket Brigade" is named for an EPA-approved, easy-to-use air sampling device housed inside a 5-gallon plastic bucket. Using specially designed buckets, citizens can measure everyday pollution levels or respond to accidental releases at a chemical facility. The Bucket Brigade has received national and international attention in films such as HBO Blue Vinyl and PBS Fenceline. Cheektowaga residents are following in the footsteps of Norco, Louisiana, a community that used the Bucket Brigade method to win protection from a Shell Chemical plants harmful pollution. Community members took air samples using the "Bucket Brigade" to show harmful chemicals were crossing the fenceline. Other communities nationwide are employing the Bucket Brigade in similar battles. The Bucket Brigade was started in Cheektowaga in 2003. Denny Larson, Director of Global Community Monitor, presented a workshop to introduce Bucket Brigade community monitoring of ambient air. Denny Larson is working in dozens of other communities across the United States and around the world, helping communities monitor air pollution. Since the training, Citizens Environmental Coalition has worked with community groups across New York State in Albany and Rochester to start similar bucket brigades and empower citizens to monitor their air. Members of the Cheektowaga Citizens Coalition will continue to take air samples in the months to come, and plan to issue a report analyzing the bucket brigade results by the end of the year. __________________________________________________________ Cheektowaga Citizens' Coalition Fights Back On March 14, 2004 the Cheektowaga Citizens Coalition sent the following letter To the New York State Department of Environmental Conservation. They also used the letter in their presentation to the Depew/Cheektowaga taxpayers association. Their presentation to the Depew/Cheektowaga Taxpayers Association was well thought out. I regret that the pictures they used wouldn't be effective on the web. They need to be presented in a large format to truly appreciate the visible clouds of gas rising from the test site. I commend the Cheektowaga Taxpayers Association. Their activities underline the need for citizen participation in the governmental process. Sincerely,
Gary S. Howell
From Speakupwny.com
Cheektowaga Citizens Coalition Inc.
PO Box 247
Depew, NY 14043 March 14, 2004 Mr. Gerald Mikol
NYS Department of Environmental Conservation
270 Michigan Avenue
Buffalo, NY 14203-2999 Buffalo Crushed Stone Hydrogen Sulfide Dear Mr. Mikol: We would like to bring to your attention the results of community air monitoring in the Bellevue community of Cheektowaga. On February 24, 2004 at approximately 7:30 PM, the Bellevue Bucket Brigade was alerted to a strong odor of rotten eggs on Como Park Blvd in the vicinity of Buffalo Crushed Stone. Within minutes the trained, brigade members arrived at the scene with their air sampling and video equipment. At 8:00 PM the polluted air was trapped into an unused, sealed, Tedlar Bag. At 8:58 PM the bag was placed with a chain of custody sheet into an overnight shipping box and handed to an attendant at the United Parcel Service counter in Cheektowaga near the airport. The parcel was then transported by air to the Air Quality Laboratory located at 2265 Park Center Dr. suite D Simi Valley, CA 93065-6200 for analysis. Hydrogen Sulfide was the requested analysis. The parcel arrived at the destination at 10:30 AM on February 25, 2004. On March 10, 2004 we received an email from the lab advising of the Hydrogen Sulfide results. We will have a hard copy of the report later this week; we will forward this report to your office later this month. The results show a level of 72.7ug/m3 or 72.7 times the EPA acceptable rate for Hydrogen Sulfide. (See enclosed). Hydrogen sulfide is considered a broad-spectrum poison, meaning it can poison several different systems in the body. According to the agency for Toxic Substances and disease Registry (ATSDR) - Exposure to low concentrations can result in eye irritation, a sore throat and cough, shortness of breath, and fluid in the lungs. These symptoms usually go away in a few weeks. Long-term, low-level exposure may result in fatigue, loss of appetite, headaches, irritability, poor memory, and dizziness. Because it is heavier than air, hydrogen sulfide tends to sink, and because children are shorter than adults are, they may be more likely to be exposed to larger amounts than adults in the same situations. Our concern for the children of Bellevue as well as those attending the Daycare Center located at the entrance of the quarry and Resurrection school must not be ignored. The higher then normal rates of Asthma in our community have already been established. "We must protect our future, our children". For many years the residents of Bellevue have complained to the state of New York and the Town of Cheektowaga about the horrid odor as well as adverse health effects, from Hydrogen Sulfide, little has been done to protect the local citizens. Now that we know that levels of Hydrogen Sulfide are above state guidelines, Buffalo Crushed Stone and New York State need to take steps to protect our health. Even though we don’t know for sure that these emissions are causing health problems we do know that toxic air exacerbates existing health problems. Buffalo Crushed Stone needs to mitigate the effects of this chemical on neighbors and their employees. We will not except that this was a one-time event, years of documentation have been compiled by the state of New York, the Town of Cheektowaga and this Citizens Coalition. Buffalo Crushed stone is not a good neighbor and they must be made to abide by the laws that were enacted to protect the people. The Bellevue Bucket Brigade will be watching. Sincerely Yours, Donna M. Hosmer
President CC:
Barb Obrian Buffalo News
Thomas Johnson JR., Councilmember, Cheektowaga
Depew/Cheektowaga Taxpayers Association
Rev. Walter Matuszak, Resurrection Church ___________________________________________________________ Editorial:
Hydrogen sulfide results deserve closer look Cheektowaga Times
March 18th, 2004
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The "Bucket Brigade" has struck. In its first air monitoring sample in the Bellevue neighborhood, the Cheektowaga Citizens¹ Coalition found that the air near the Buffalo Crushed Stone quarry was more than 70 times greater than established guidelines. The group appears to have discovered more than the New York Department of Environmental Conservation has discovered in the last three years. Why, after several years of complaints, have the very same people who have demanded answers been the only ones to come up with evidence to support their complaints? Perhaps, based on the local brigade's recent revelation, the federal Environmental Protection Agency should step in and monitor the Bellevue area. The Bucket Brigade method has been approved by the EPA, and there appears to be an effective failsafe plan in place to prevent tainting a sample. A "chain of custody" sheet must be signed by every person who handles the sample, beginning with the sample taker and ending with the person who handles the sample at a laboratory. The DEC and Town Hall have fielded odor complaints from the Bellevue neighborhood for years, particularly during the last three years. Somehow, when DEC officials arrive at the scene in response to the complaints, the odor is either not detected or the source cannot be determined. Yet, the Bucket Brigade, in its first attempt, was able to monitor the air and produce evidence that there was a significant amount of a toxic chemical, hydrogen sulfide, in the air. The buckets generally cost about $75 and two air samples were taken February 24. For $150 the Bellevue residents made a discovery that the taxpayer-financed DEC has been unable to find. Keep that in mind as you complete your New York State taxes and when you go to the polls in September and November. One person recently complained to the town council office about the odors, but did not want to leave his name because he knew "how politics work" and he "didn't want a brick through his window." Someone needs to take that chance. The Times applauded the coalition's determination in an April 2003 editorial about the brigade. Now, they may have the evidence needed for further testing. Let's get some real answers for the Bellevue community, and have them come not from a state agency's local jurisdiction, but from the federal Environmental Protection Agency. Air samples taken in February along Como Park Boulevard by the Cheektowaga Citizens Coalition indicate that hydrogen sulfide levels were more than 70 times higher than guidelines established by the New York State Department of Environmental Conservation. Members of the Cheektowaga group and the Citizens Environmental Coalition announced the findings of their first "Bucket Brigade" test results during a Monday news conference. The "Bucket Brigade" is named for an Environmental Protection Agency-approved air sampling device housed inside a five-gallon plastic bucket. According to both environmental coalitions, a strong odor of rotten eggs was detected at approximately 7:30 p.m. on February 24 on Como Park Boulevard in the vicinity of the Buffalo Crushed Stone quarry. The brigade members arrived and took the air sample. They also used videotape to document the activity. The air sample was then placed in an overnight delivery box and transported to a California laboratory. The brigade also used a "chain of custody" sheet to confirm every handler of the sample and parcel. The lab informed the groups on March 10 that hydrogen sulfide was found at a level of 72.7 times the acceptable rate for the gas. A second sample taken by the group the same day was also analyzed at the California lab and was found to be 67.8 times the acceptable rate. "No longer must we wait for government officials to order testing," said Donna Hosmer, president of the Cheektowaga group. "Bellevue residents now know the truth." Hosmer said the brigade will continue to take air samples. Residents in the Bellevue neighborhood have complained for years that the contents of three nearby landfills and airborne particles from quarry blasting are the sources of various health problems. The landfills are adjacent to Cayuga Creek. Hydrogen sulfide, which smells like rotten eggs, is a colorless gas that occurs naturally, but can also be produced from industrial activities. Exposure to hydrogen sulfide can result in dizziness, headaches, irritation to the eyes and can cause upper respiratory problems. "These air monitoring results prove that this quarry is violating these families¹ rights to live in a clean and healthy environment," said the CEC's Mike Schade. "We are calling for an official investigation by the State Department of Environmental Conservation into this problem." Councilmember Thomas M. Johnson said that the DEC has not determined the causes of odors in the Bellevue neighborhood. "It seems that during the winter months, water is leaching out of the quarry and into the ditch leading to Cayuga Creek," said Johnson. Johnson also expressed to the Times his frustration with the DEC's inability to determine the source of the hydrogen sulfide odors. "In all of my conversations from October and on, the only response I have received is that they¹re investigating," said Johnson. "There seems to be a reluctance to deal with Buffalo Crushed Stone." Meaghan Boice-Green, a DEC spokesperson said that Regional Director Gerald Mikol has not received a letter from Hosmer regarding the test results. Boice-Green said that the DEC's division of water staff inspected the site on February 25 in response to complaints. The staff determined that the treatment process wasn't operating properly. "To our knowledge there hasn't been any discharge since then," Boice-Green added. A bucket brigade in Louisiana was successful in proving that a nearby oil refinery was creating pollution in their community. Shell Oil eventually paid approximately 100 families to relocate in Norco, La. The Cheektowaga Bucket Brigade was established in March 2003. ___________________________________________________________ Citizens warn of air from quarry by BARBARA O'BRIEN, Buffalo News - Southtowns Bureau
March 16th, 2004
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The first Bellevue "Bucket Brigade" air sample taken by members of the Cheektowaga Citizens Coalition near Buffalo Crushed Stone shows high levels of hydrogen sulfide, residents said. The levels were 72.7 times the New York State's annual guideline concentrations, said Donna Hosmer, president of the coalition. "It is imperative the public be made aware," Hosmer said Monday. "For many years we have been asking for more information," Bellevue resident John Stonefield said. Members of the coalition, who live in the Bellevue area, captured the sample with the air sampling device housed inside a five-gallon plastic bucket on the evening of Feb. 24 after residents in the area had complained of a strong odor of rotten eggs. Hydrogen sulfide is a colorless gas with a characteristic odor of rotten eggs. Inhalation of lower concentrations of hydrogen sulfide can cause headaches, dizziness and irritation of the eyes, mucous membranes and upper respiratory system, according to the federal Environmental Protection Agency. The sample, taken on Como Park Boulevard near a ditch that is used by the quarry to discharge water, was shipped overnight to a laboratory in California, which analyzed it the following day. One sample showed 72.7 micrograms per cubic meter and another contained 67.8 micrograms per cubic meter. The annual concentration guideline listed by the state Department of Environmental Conservation's Division of Air Resources in 2000 was 1 microgram per cubic meter. "We're calling for a full investigation by the DEC," said Mike Schade, Western New York director for the Citizens Environmental Coalition, a statewide environmental group. The DEC's regional environmental quality engineer said the DEC responded to odor complaints at Buffalo Crushed Stone on Feb. 25, the day after the sample was taken. "We ordered them to stop discharging to the ditch," said Daniel David. "As soon as we were made aware of this complaint, the water discharge system was shut down," said Earl Wells, a spokesman for Buffalo Crushed Stone. He said the company is conducting its own study of the results, and plans to make them public this week. David of the DEC said before water is discharged into the ditch, which flows into Cayuga Creek, it goes through a treatment process. The DEC decided the treatment process was not working properly because there was ice on the quarry pond preventing the water from airing and oxidizing properly, he said. |
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| New Enterprise Stone & Lime Co., Inc. *(Buffalo Crushed Stone's Parent company) is one of the largest aggregate suppliers in the United States, supplying everything from driveway materials and fill, to high spec sorbent materials and specialty stones. Currently mining limestone, dolomite, sandstone, and gravel, New Enterprise produces materials conforming to the specifications of many state and federal agencies. Sizes range from pulverized materials to large Rip Raps and fill stones. Selected locations also produce high quality ballast used in main line rail construction. New Enterprise also supplies most of the materials used in our Ready Mix Concrete, Blacktop, and Block plants that we operate throughout Pennsylvania and New York. FROM BCS's web site:
| "From crushed stone dust" to boulder-size rock, we have a wide range of stone products to meet your needs. |
This crushed stone dust may be the cause of the high rate of Asthma in our community Frank Sikorski Depew/Cheektowaga Taxpayers 9/2007 It was nice of Governor Spitzer to sign the Creosote Bill, now what will he do for the long-suffering residents of South Cheektowaga.
Six days a week, convoys of Buffalo Crushed Stone dump trucks, 40-ton stone and asphalt haulers, tank trucks, and construction trucks ply our neighborhood roads.
The trucks going to and from our local quarry, especially those ob Como Park Boulevard, spew diesel exhaust (a known carcinogen), along with limestone dust, dirt, stones, while dispensing heavy oil and asphalt fumes into a residential neighborhood.
They travel over roads that contain nearby hospice center, senior housing, and a cancer center for young children, a childcare center, a skilled nursing and assisted living center. Churches, and schools are also located in this immediate area.
Some people are of the mind that this could only happened in a town like Cheektowaga where New York State has a tendency to dump and keep anything that would not be tolerated elsewhere.
Our town officials have tried to correct this decision only to come up against the Department of Environmental Conservation (DEC) that has acted in a manner believed arbitrary and capricious when issuing Carte Blanc permits for mining in our town.
Well it seems that once again the NYSDEC has been petitioned by Buffalo Crushed Stone to change its permit to allow for another 40 acres of mining, which will give it another 20 or more years of environmental encroachment within our neighborhood.
How many more years must the residents of this area have their health, quality of life and home structures adversely impacted by this deplorable situation?
Blasting rocks our homes; the resulting dust shrouds them and our cars. Heavens knows what we are forced to inhale - second hand exhaust, asphalt fumes, dust, coarse stone particulates). Foul odors assaulting our senses, while watching huge trucks roll through our so-called Scenic Highway of Cheektowaga, leaving behind their droppings.
Years of complaints have been to no avail. Residents’ pleas fall on deaf ears or on the ears of those who claim to be powerless to stop this outrage; or on the ears of those who plainly don't give a damn!
The DEC has scheduled a public meeting at the Bellevue fire hall on Como Park Blvd, on Oct. 15, at 3:00 PM and 6:30 PM concerning this change in mining permit.
Will this be just another show, another sham, or will the officials of The DEC act in the best interests of the community over that of the highly vested special interest groups?
We hope that this time the people we elected to office and those agencies entrusted to protect our citizens, especially our children, will act not for special interests or on the behalf of influential individuals, but to protect our families, our health, our sanity, our neighborhood, and our environment!
Frank A. Sikorski
Board of Directors
Depew/Cheektowaga Taxpayers Association
© Copyright 2006 by Speakupwny.com
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_Cheektowaga Citizen's Coalition petitions others to join in the fight against Buffalo Crushed Stone’s expansion plans
By Lee Chowaniec
Sep 29, 2006, 01:41 John C. Stonefield, President of the Cheektowaga Citizen's Coalition is petitioning the Sierra Club, other organizations and residents to join the fight against Buffalo Crushed Stone’s expansion plans for their rock crushing facility located at 500 Como Park Blvd., Cheektowaga, N.Y.
The Cheektowaga community is in constant conflict with Buffalo Crushed Stones mining and Asphalt operations. Steven Detwiler, of Orchard Park, owns the stone crushing operation. He is currently suing the town of Cheektowaga regarding the zoning of its property to the West. Mr. Detwiler believes that the property to the West can be mined (while not included in the original zoning), under a Grandfather clause.)
Buffalo Crushed Stone wants to mine another 39 acres at its Cheektowaga quarry, extending the life of the limestone mine another 20 years. The quarry operation has been in existance for 76 years.
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The 219-acre quarry off Como Park Boulevard wants to mine the isthmus, a 39-acre parcel that separates its east basin from its west basin. The isthmus holds the quarry's rock crushing and asphalt plants. The rock crushing plants would be relocated to a previously mined area 150 feet deep in the east basin. The two asphalt or blacktop plants would be moved to about five acres on the east side of the property north of Indian Road.
This battle has been going on since 1998, fought primarily by the Depew / Cheektowaga Taxpayers Association, Inc. A scheduled Sept 22 court hearing was cancelled to October 27, 2006.
Buffalo Crushed Stone has sued the Town of Cheektowaga for not approving their expansion plans for zoning code reasons. The CCC points out that the facility is located in a beautiful rural like setting which includes a Hospice, the Apple Tree Business Park, Resurrection Church and Elementary school, the Hill Top Daycare Center, a Ukrainian Church, Stiglmeier Park, the Reinstien Nature Preserve, along with hundred’s of houses.
The CCC asserts that any expansion of Buffalo Crushed Stone Inc. and its Asphalt Plants in a highly residential area is an outrage, especially considering there are well over a thousand complaints from area residents regarding the facility and operations.
The CCC believes there are many reasons in which to uphold the Town of Cheektowaga’s Zoning Laws and they include the following:
* The Benzene resulting from the Asphalt production creates odors that are linked to Leukemia.
* Traffic will substantially increase from the huge trucks, degrading air quality and causing more breathing related illnesses in children from the Diesel fumes and dust.
* Blasting pollutes the air with Crystalline Silica, a dust that is linked to autoimmune diseases and various cancers. This is very harmful to the young children already suffering from Asthma and cause further lung damage.
* The expansion plan decrease property values: No one wants to live near a quarry or deal with increased truck traffic and air pollution. As the desirability of the area decreases so will property values.
* When considering visual impacts, the quarry site will be visible from many homes surrounding the area. Many residents moved here because of the beauty of the area. The expansion of the quarry will destroy this forever.
* Ground water contamination: The proposed area will be below the ground water table. It will spread the chemicals from the unlined toxic landfills faster into well water and the Cayuga Creek.
* Surface water: In addition to carrying residue from explosives, spilled fuel, and other chemicals will end up in Cayuga Creek. Also there will be more releases of the Neurotoxin Hydrogen Sulfide gas (rotten egg) odors due to the pumping action of Buffalo Crushed Stone Inc. to keep the mine dry. Extended low-level exposure can deaden a person’s sense of smell, cause breathing problems, nausessness, dizziness, and gastrointestinal problems.
* Noise: Limestone mining involves a very loud operation. The blasting necessary to loosen rock can be heard for miles around. Even more homeowners than now will hear the rock crushers. Local residents around the mines can testify how the sound and vibrations can travel great distances. This increased noise will also effect wildlife and continue to drive them into our backyards.
* Vibration: The enormous explosions associated with the increased mining will further crack home foundations and will affect the monitoring wells on and surrounding the toxic landfills and damage them permanently.
* People living close to the expansion will often find dishes and other objects on the floor. They will notice cracks developing in the walls and ceilings. The blasting will rattle brickwork and foundations even more than compared to the current blasting that is at a depth of 150 to 175 feet.
* Dangerous Precedents: Once an area is being furthered mined, it will no longer be pristine. Any expansion will penetrate local zoning, and other businesses will follow close behind.
* Scale up: as the mine grows, residents will quickly lose control if expansion gets under way. There will be little to prevent the quarry from vastly expanding the project, just as the current mine has gobbled up the buildings and homes surrounding it.
* Many of the streets along Como Park Blvd. were once longer and ran well into the area that is currently being mined. This would bring added operations, more processing on site, and sending trucks in new directions over previously undisclosed routes. This is not idle speculation - the quarry has repeatedly violated terms of its permits and they will continue unchecked as they have been up to now., resulting in a poorer quality of life for residents.
* Most importantly, the health of the most vulnerable, the innocent children of the surrounding neighborhood, is at stake. There already has been enough irreversible damage done to the developing immune system for the sake of cheap Limestone, Asphalt production, along with the abnormal changes caused to human cells from the electromagnetic radiation released from the large cell tower located on the site.
© Copyright 2006 by Speakupwny.com
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THE PAST: 5/2005 A Scoping Meeting A DEC Scoping meeting was held at the Bellevue firehall on May 17, 2005. Residents were given a chance to air their concerns regarding a recent application by Buffalo Crushed Stone to change their location of 2 asphalt plants and their massive rock crusher.The quarry also wishes to blast an area of the mine which separates the EAST & WEST quarries. This area has been used for asphalt production and eventually according to the quarry reclamation plan, will be used for a park like setting when the 2 mines become lakes. 100 residents were in attendance. Many spoke while others applauded and supported the words of the speakers. The general consensus in the room was "NO MORE EXPANSION" Speaker after speaker told Buffalo Crushed Stone to finish up their business here and "GET OUT OF CHEEKTOWAGA" Concerns voiced that evening include but are not limited to: 1) The New location of the rock crusher will be in direct proximity of residential homes. Dust is already an issue on cars and inside homes, this will increase with the move. 2) The re-location of the asphalt plants to the bottom of the East quarry 150 feet down will increase the chance of residents breathing in to their lungs emissions containing BENZENE, TOLUENE and other chemicals known to be harmful to humans. 3) This will negatively effect the towns master plan for the surrounding community, the town will be left with 1 large hole, there will be no seperation left in which to build a park or place homes in later years. 4) Concern was shared over the use of 1 large hole vs 2 lakes. The large hole may be used as a landfill or left to fill and become a smelling disaster. 5) Many health related issues were voiced. 6) Concern for the leaking "SCHULTZ LANDFILL", What will ground blasting do to the stability of this landfill? PCB's & PAH's have been identified just outside the landfill in high amounts. Will the severe earth tremors caused by "GROUND BLASTING" cause the landfill to shift and create addition seepage into our ground water and Cayuga Creek? 7) Should this request be handled as a NEW application rather then a modification to the old permit? Residents agreed that BCS should be made to assess the surrounding area as if it were starting a new business in the community. This would protect the residents. 8) Do they require a NEW speedeze permit which allows them to drain their mines into Cayuga Creek? This water will now be contaminated with Benzene & TOLUENE. Does the current permit allow these chemicals to be dumped into the creek? 9) Should they be allowed to sway from the original footprint for the mine? 10) Should BCS assess the economical value of modifying this mine vs enlarging one of the other mines they now own? Any change in this mine will drastically effect the local community. Residents should send their concerns and recommendations for items to be added to the scoping document by June 3, 2005 SEND YOUR comments to: Mr David DenkDEC 270 Michigan Avenue Buffalo, NY 14203 |
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