Noyac sand mine's future still uncertain after court ruling

The future of a Noyac sand mine remains uncertain after the state’s highest court issued a decision Thursday requiring the state Department of Environmental Conservation to address a lingering question.

The DEC in 2019 issued permits to Sand Land Corporation allowing it to increase the mining depth on the property in Southampton Town. The town and environmentalists sued for the permits to be annulled, citing potential harm to local water.

Both sides viewed the ruling optimistically.

“The important thing for us is the permits to mine the sand are annulled,” said attorney Robert Smith, who represents environmentalists.

The Court of Appeals 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.”

The court remanded the case to Albany Supreme Court, where it initially was dismissed. It will have the DEC decide whether to issue a permit based on what was allowed prior to local zoning restrictions.

Attorneys for the town said the mine expansion is a use beyond what was originally allowed.

"It should not be taken for granted that a mine on Long Island has the infinite right to expand downward toward and through the groundwater," said attorney David Arntsen.

The mine opened in the 1960s but the town rezoned the area in 1972 as residential, which prohibited mining.

Sand Land attorney Gregory Brown said the mine has a constitutionally-protected right to operate on the 50-acre property and previously obtained occupancy certificates stating its use of the site was a prior nonconforming use.

“Eventually I think we’ll get this determined in our favor,” he said.

Assemb. Fred W. Thiele Jr. (D-Sag Harbor) said the decision was a victory and urged the DEC to "immediately close this illegal mine."

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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