| A New Look At Gravel Mining In Cattaraugus County |
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Cattaraugus County Planning Board Executive Summary Study Purpose On April 14, 1999, the Cattaraugus County Legislature asked the Cattaraugus County Planning Board to study the impacts that the mining of aggregates may have on communities in the Route 16 Corridor, which includes Routes 98 and 417, local roads, and I-86.1 This report clarifies key issues and recommends a long-term action plan with a vision, and five strategies, for achieving a balanced growth throughout the corridor. This vision for balanced growth is being developed by the Cattaraugus County Planning Board (see Attachment No. 1) in order to provide countywide goals for comprehensive planning and future land use development 2: The overriding effort to achieve economic development, if done without a comprehensive concept of development and without disciplined land use planning, can destroy the quality of life and character of a rural community. On the other hand, without economic development, a community may suffer the ill effects of unemployment, decline and blight. A balance is therefore needed. Cattaraugus County is not looking for decline, nor is it seeking unbridled development that destroys an established way of life along with the environment. It is seeking instead a planned and well-balanced growth throughout the County. This report's proposals are designed to encourage all development
in the Route 16 corridor, not to stop or delay mining activities.
The underlying purpose is: Strategic - to propose specific measures that enable mining companies, municipalities, and other stakeholders to work together so that they can solve their own problems in this shared environment, and so that they all can thrive and prosper in the long term (50 or more years into the future).
Summary of Findings State Authority is Established Aggregates mining is a vital industry in New York State, and the state has ample authority to regulate and safeguard this industry. The state, however, lacks effective, full disclosure in the mining permit application process that would identify for the public record, the prohibition of mining in municipal comprehensive planning and zoning. New York State's process is very complex and offers no conflict resolution services for resolving disputes over local zoning mining prohibitions, as a pre-litigation option. Scientific Knowledge is Required As growth continues in the 21st Century, ecosystem and sustainable development concepts will be needed in local plans, state permit reviews, and reclamation plans. An assessment of cumulative impact would help local governments, state agencies, and mining companies solve longer-term problems. Comprehensive Planning is Needed at Local Levels Municipalities need comprehensive planning for a long term balancing of interests, for looking beyond annual budget cycles, and for promoting economic development. The County has been assisting local governments in this "balancing" task by updating its own planning efforts and providing training and technical assistance. Currently, New York State does not assist local and county comprehensive planning. Reclamation Plans are Needed for Future Development Reclaimed mining sites will be needed for future development, specially those near or adjacent to Route 16 highway frontage. Mining companies currently do not coordinate reclamation plans with community plans, and their plans tend not to allow public access to water, or link with future plans for water and sewer, trail and fiber optic systems, or a broader mix of ultimate end uses. Given current practices, it may be difficult to attract quality investments in or near reclaimed mining sites. Mining companies may have difficulties in the future generating new revenues from land sales and leases for reclaimed mining sites that are located in the vicinity of highway frontage in the Route 16 corridor. Disputes can be Counter-Productive Unresolved, prolonged and complex disputes can be counter-productive to all parties.
Summary of Action Plan - Five Strategies This study recommends five, separate strategies for the long term (i.e., the next 50 or more years), that are designed to create a problem-solving dialogue. Strategy Number 1: Require Full Disclosure and Mediation New York State should re-study the effectiveness of its current policy, which may be improved by requiring a more effective and timely, full disclosure early in the mining permit application process whether local zoning does or does not prohibit mining at a particular site. The state should study the proposal to allow either party to request a mediation service during a six-month, temporary suspension of the application process. In cases where mediation confirms that mining is prohibited at a particular site by zoning, NYSDEC should not approve mining permits. This would save taxpayers money, and not violate anyone's rights to legal due process (legal options would still exist to challenge zoning, change zoning, or prove that a municipality misrepresented its law). Strategy Number 2: Use and Ecosystem Approach New York State should offer special educational services for all stakeholders on ecosystem and sustainable development approaches, SEQRA, comprehensive planning, cumulative impact, and inter-municipal agreements. New York State should add a definition of "cumulative impact" to its regulations, to be used both under SEQRA and comprehensive planning statutes and regulations. Municipalities should use inter-municipal agreements to establish thresholds and standards on cumulative impact for SEQRA and comprehensive planning purposes. Strategy Number 3: Improve Comprehensive Planning Municipalities should use longer time lines (e.g., a minimum of 20 years), in comprehensive planning in order to reduce uncertainty for stakeholders. Each community should be required to establish and/or use thresholds and standards for cumulative impact assessment purposes in their comprehensive planning process. Cattaraugus County should provide technical assistance and guidance through a countywide vision of the future and an updated county comprehensive plan. An inventory of prime gravel deposits should be prepared for planning purposes. New York State should encourage county and local comprehensive planning efforts. Strategy Number 4: Use Zoning to Protect Reclaimed Mining Sites In the next 50 or more years, reclaimed mining sites should be designed for a wider variety of ultimate end uses beyond wetlands, wildlife and fish habitats, and farmland. This can be accomplished by designing sites also for uses such as public access to water, housing, commercial plazas, light manufacturing "parks", visitor centers, greenways, public parks and trails. Local governments, with mining companies' participation, should
Mining companies should study the potential advantages of using Planned Unit Developments (PUDs) for reclaimed mining sites, thereby protecting their own interests. New York State should amend its statutes and regulations to enable mining companies and towns to use PUD zoning with reclamation plans, and provide special benefits. Mined Land PUD "demonstration projects" should be funded statewide. New York State should publish a model development agreement for mining companies and host municipalities on future re-use options 50 or more years into the future. Strategy Number 5: Turn Conflicts into Opportunities Establish a goal for mediation during the application process, to protect mining access to prime gravel deposits at locations that are compatible with comprehensive plans. Include aggregates mining as a part of the comprehensive planning process. Encourage the use of comprehensive planning, cumulative impact thresholds and standards, inter-municipal agreements, and state funded mediation, as pre-litigation steps. The county should continue to bring concerned parties together for educational outreach, comprehensive planning at the county level, and technical assistance to municipalities. Mining companies should link reclamation plans to community planning and special assets (e.g., infrastructure, public access to water, trails, fiber optics, and mixed-uses). Mining companies should continue community education and open house tours. Finally, it is recommended that joint public-private ventures include an aggregates industry museum, with an education, tourist, and conference center on Route 16.
Cattaraugus County Planning Board Cattaraugus County Department of Planning New York Dept. of Environmental Conservation Notes: (1)Legislative Resolution, Act No. 250-99, Cattaraugus
County Legislature (April 14, 1999). |
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