March 28, 2002

BBAC's letter to the APA

Mr. John L. Quinn
Agency Review Officer
Adirondack Park Agency
P.O. Box 99
Ray Brook, NY 12977

Dear Mr. Quinn:

The Batchellerville Bridge Action Committee, a volunteer organization committed to protecting the beauty of Great Sacandaga Lake, urges the Adirondack Park Agency to hold a public hearing on the hot asphalt plant that Delaney Development Inc. proposes to install at its existing sand and gravel quarry just up Route 30 from Northville. To allow participation by seasonal residents, the hearing should be held during the summer, preferably in the Northville Central School auditorium.

At this hearing, Delaney Development Inc. should explain how the proposed asphalt plant can be made fail-safe so that it is absolutely impossible for petroleum distillates and other harmful substances to be discharged accidentally into the adjacent Sacandaga River, which flows into the Great Sacandaga Lake a short distance downstream. The lake, a flood-control reservoir created by damming the river, has become one of the major recreational areas in the Adirondacks. It is 26 miles long, with a 125-mile shoreline. As a measure of the lake's popularity, let me note that the Hudson River-Black River Regulating District has issued some 4,550 access permits, largely to owners of nearby private property. On any given summer weekend, thousands of boats can be found on the lake.

If contaminants escape the proposed asphalt plant, transported into the river by either surface- or groundwater, they could be borne a considerable distance by water currents, with serious consequences to boating, fishing, and swimming, and to property values. This could possibly result in economic losses totaling many millions of dollars.

This would be a severe blow to an area heavily dependent on expenditures by seasonal residents and by tourists.

For example, less than a mile below the proposed asphalt plant are a public beach, a state boat launch, and an inn with dock space for more than 30 boats. Within the next three miles are two marinas with slips for a total of about 200 boats and a public beach/campsite. That's just for starters. Great Sacandaga Lake falls within the boundaries of two counties (Fulton and Saratoga). Numerous towns, villages, and hamlets ring its shores. All could be subject to severe economic hardship in the event of an environmental disaster.

At the public hearing, if Delaney Development Inc. is unable to assure us that contamination is impossible, we would expect to hear the results of worst case analyses based on computer modeling studies of water currents during the year. As a flood-control reservoir, the lake's water level is typically lowered about 22 vertical feet from June to March so that it will have space to store water released by melting snow and spring rains. During this cycle, water currents vary in velocity. The worst case analyses also should assume that contamination is not detected immediately but occurs during the night, giving any spill time to spread. In addition, we would want to hear how quickly remediation measures could be brought to bear.

The public hearing also should offer expert testimony on other subjects of concern to the lake community:

  • During the plant's operation, what types of gases/particulates, if any, would escape up the stack? Would there be foul odors? Windborne pollutants can have an impact far beyond their source. Computer modeling studies should be conducted to determine primary wind patterns in the area.
  • What types of raw materials would have to be trucked to the plant? In case of an accident en route, what would be the degree of hazard, if any, to the public? How would these materials be stored at the plant?
  • To what degree, if any, would the asphalt plant result in additional noise pollution? Would quarrying operations have to be increased to supply it with raw material? What about the noise effects of additional truck traffic?
  • What would be estimated truck traffic to and from the plant in its first year of operation? Third year? Fifth year?
  • What would be the total weight of an asphalt-hauling truck as it leaves the plant? Would it be able to cross the existing Batchellerville Bridge (posted weight: 15 tons) and/or the replacement bridge that will be built later this decade (posted weight: 45 tons)?
  • How would wastes be stored? Where would they ultimately be dumped?
  • Are any other asphalt plants in operation near any major bodies of water in the Adirondack Park? What impact, if any, have they had on the environment and on neighboring communities?
  • What is Delaney Development Inc.'s environmental record? Last year, according to media reports, the New York State Department of Environmental Conservation fined it $1,000 for allowing sediments from a settling pond to enter the Sacandaga River. Have there been other environmental infractions by it or by its parent company?
  • How much liability insurance would Delaney Development Inc. be required to carry? In the event of a major environmental release, cleanup costs/litigation expenses could run very high. The company should hold enough insurance to meet the needs of any contingency so that taxpayers would not ultimately be required to pick up the bill.

    • On issues like these, public debate is healthy-but for that debate to be successful, the public needs to have access to all the facts. Last August, after a successful campaign by the Batchellerville Bridge Action Committee, the state held a hearing at Northville Central School on the Batchellerville Bridge replacement project. Although emotional issues were involved, the session was carried out civilly and successfully. The results of such hearings are twofold: 1) citizens become educated on the pros and cons, and 2) local and state officials obtain a strong sense firsthand of public wants and concerns.

    Finally, we urge the APA to request that Delaney Development Inc. file a Draft Environmental Impact Statement on this project (2002-15). Because of the environmentally sensitive nature of the proposed site, the review process cannot be too rigorous.

    Peter VanAvery