Saving Sterling Creek

Saving Sterling Creek, Tributary of Lake Ontario

ASLF is currently working with residents of the Towns of Sterling and Victory who would be harmed by the proposed Martville Mine on the property of 13181 Sanford Road, Martville [Tax ID 20.00-1-68.1] We are opposed to the granting of a NYS DEC mining permit, and/or a Town of Sterling Special Use Permit and/or area variances for those and related purposes.

Counsel and Expertise

Counsel has been retained with Richard J. Lippes, Esq. of Lippes and Lippes, 1109 Delaware Avenue, Buffalo, NY 14209, 716-884-4800, fax 716-884-6117, for the protection of our health, our safety, our property, our residential wells and springs, and our rural residential community, all of which depend upon clean air and the health and integrity of the Lake Ontario tributary the Sterling Creek, its wetlands and adjacent principal aquifer.

Mr. Lippes was lead counsel representing victims of the disastrous “Love Canal” toxic waste site, served as Special Environmental Counsel for the Three Mile Island case, and is pursuing litigation against Brookhaven National Laboratory in Shirley, New York.

We consulted with an independent geologist, Dr. Richard Young of SUNY-Geneseo. His report, cover letter, and credentials can be reviewed here:

Violations

July 22, 2016 Violation of DEC Permit and Sterling Land Use Regulations

The following four eyewitness videos, recorded on July 22, 2016, depict Riccelli Northern violating the terms of a DEC permit that was issued on September 8, 2015. The violations are:

  1. Work starting before 7AM. Trucks were observed at 6:45 AM.
  2. Trucks and heavy equipment entering the property via the North entrance to the old gravel pit area.
  3. Trucks loaded with gravel, two of which may have been uncovered, proceeding north on Sanford Road to Rte 104. They went to the mine empty by approaching the mine via Pople Rd in Victory.
  4. It also appears that the Life Of Mine berms have not yet been put into place prior to operation pursuant to their SWPP, Mined Land Use Plan, the DEC permit and SPEDES permit conditions.
  5. They have started work at the wrong area of the mine. Work was to be phased,and they have not started at the first phase area.

In addition, the following safety and traffic issues occurred:

  1. The trucks were seen backing up at the North Entrance and attempting to maneuver into the entrance, monopolizing two lanes of traffic, and causing vehicles to have to pass in the wrong lane in a blind fashion, invisible to both north and south bound traffic.
  2. One of the Heavy duty trucks, which transported the excavator, actually parked on the Northbound lane of Sanford Road, rather than within the Life Of Mine area, again blocking traffic.
  3. As stated previously, two of the trucks leaving the site filled with gravel may not have been covered.

September 28, 2016 Violation of DEC Permit and Sterling Land Use Regulations

Cascade Drilling and other trucks and loaders entered the mine site on September 28, 2016 to conduct mining, borings, and well-drilling, using the entrance ruled out by both the DEC Permit and the Town of Sterling Zoning Board of Appeals (see the video and series of eyewitness photos below). The truck traffic also approached the mine entrance from Route 104, which is not permitted by the DEC Permit or the Sterling Land Use Regulations (which forbid traffic from local mining operations in a hamlet, in this case on the stretch of Sanford Road shared by the Hamlet of North Victory).

The next morning drilling work began before the 7 am DEC-approved starting time and on October 18, 2016 loud generator-like machine noises were heard throughout the night and into the next daytime and evening, likely from pumping water at the newly-drilled well on the parcel. It is unknown whether the actual or planned draws of water exceed the 100,000 gal/day limit for operation without a DEC water permit. Large water tanker trucks were also spotted near the site during some of these operations. The DEC water division claims to have no record filed with them concerning this well on the property, which it is the obligation of the drilling company to report.

January 2017 Violation of DEC Permit and Sterling Land Use Regulations

January 18, 2017 – Riccelli tractor trailer without a rear license plate, unloaded an excavator at the site, using the entrance which was ruled out by the DEC and both the Town of Sterling Land Use Regulations and a ZBA variance. Mine traffic has been witnessed driving north on Sanford Road to Route 104, also proscribed by the DEC Permit and the Town of Sterling LUR.

January 20, 2017 – Additional photos and footage taken Friday, January 20, 2017 showing improper and missing signage, the far north driveways being used in violation of the DEC permit and the Sterling Land Regulations, and a truck barreling up Sanford Road veering towards the middle of the road.

February 2017 Violations of DEC Permit and Sterling Land Use Regulations

The violations were witnessed on 2/14/2017. The following is the account of the eyewitness:

#1 Still picture and 40-second video of tractor trailer and white p/u first arriving and parking part way up knoll, taking up right lane and leaving dangerous sightline and obstruction to northbound traffic.

#2 6:15-minute video showing school bus having to make complete stop before deeming safe to go north over hill in left lane. Can make out white truck just beyond the bus. Later shows another car having to slow way down and going into left lane with no sight over hill. Continues to show excavator loading, and two men cleaning out the tracks and roadway (they spent over 20 minutes doing this, while blocking the road).

#3 6-second video of taxi coming southerly (and really fast) downhill. 11-second video shows the same taxi returning northerly and having to slow down and move into left lane over the knoll with no sight distance.

The p/u truck, tractor trailer, lowboy and excavator obstructed Sanford Road’s right-hand lane for approximately 1 hour 15 minutes, using the area from across my driveway, all the way to the top of the knoll. This entire operation could have been done on the flat ground across from me, which would have allowed time and sight distance to drivers in both directions. Several dangerous scenarios could have happened here today.

Resources

Circle T Sterling LLC area variance application 11-30-2018