DEC cites Noyac sand miner for alleged operation without permit

The state has issued a violation notice to the operators of a Noyac sand mine for allegedly resuming the mining operations at the site despite a February ruling from New York's highest court annulling its permit.

New York's Department of Environmental Conservation ordered Sand Land Corporation in the notice Tuesday to "cease all noncompliant activities at the referenced location immediately.”

Sand Land faces a penalty of up to $8,000 for each violation and an additional penalty of up to $2,000 for each day the violation continues, according to the DEC.

An attorney for Sand Land didn't return requests for comment.

For years the Town of Southampton and environmental groups have been in ongoing litigation with the company in an effort to end mining at the site, citing potential harm to the area’s groundwater.

The recent notice shows the DEC inspected the site April 10 and found Sand Land in violation of environmental conservation law, allegedly for both mining at the site with no permit and for mining deeper than a prior permit would have allowed. 

The notice says DEC staff called Sand Land’s owner, John Tintle, during the inspection and he allegedly admitted that recently excavated material had been sold, which the state agency contends "constitutes mining."

Southampton Town attorney James Burke said the town received complaints about activity at the site before investigating earlier this month and finding mining had resumed. Burke said he contacted the DEC and the town issued a stop-work order on April 11.

The DEC said in a statement it “will continue to work with the Town of Southampton to ensure any future activities at the Sand Land mine are in conformance with the town’s permissible activities.”

In 2019 the DEC issued permits allowing deeper mining on the property, but Southampton and environmentalists sued to have the permits annulled.

The Court of Appeals decision said while town code protects the use of a property that existed prior to local zoning restrictions, there was no determination as to the “extent of Sand Land’s prior nonconforming use.” That court returned the case to State Supreme Court in Albany and both sides claimed a victory in the long-running controversy.

Citizens Campaign for the Environment Director Adrienne Esposito, whose nonprofit has been part of litigation against the mining company, called its recent alleged actions brazen.

“Is this the Wild West or is it the Town of Southampton? Last I checked the courts and the state make the laws and sand miners have to obey them," she added.

By Joe Werkmeister

joe.werkmeister@newsday.com

Joe Werkmeister covers the towns of Southampton, East Hampton and Shelter Island. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.

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