State probes alleged mining at farm site

January 29, 2012 by PATRICK WHITTLE / This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

The state Department of Environmental Conservation is investigating the developers of a planned Yaphank fish farm for allegedly mining more than 90,000 cubic yards of sand and dirt without a state permit.

The builders of Blue Green Farms, which has broken ground off Horseblock Road, deny having done any mining and say they have been preparing the site for greenhouses.

They were cited for unpermitted mining and issued a stop-work order in December 2010, DEC officials said. The developer responded that the work was exempt under state agricultural law, DEC officials said.

DEC investigators are looking into whether Blue Green Farm's claim is correct -- and whether the firm violated a stop work order after the first citation, said DEC spokesman Bill Fonda.

The agency is attempting to resolve the matter with Blue Green Farms, which could receive a fine or other punishment, Fonda said. Fonda said it appears "when the stop work order was issued, they had only taken out a certain amount, and they continued to take it out."

But the project's backers say the farm -- which is slated to grow tomatoes and raise sturgeon and striped bass -- has not engaged in mining.

The Yaphank-based company, which is owned by a group of local investors led by Leonard Shore, has done grading and site preparation, but not mining, said spokeswoman Judy White.

The work, which has included moving sand and dirt, is essential so the company can build 400,000 square feet of greenhouse space required for the project, she said.

"Blue Green Farms is currently undergoing site preparation for the greenhouses," White said.

Fonda said the DEC considers an activity a mine if it involves excavating more than 750 cubic yards of materials in 12 months. On a recent weekday, bulldozers were working the site, where piles of sand and dirt towered above a crater in the ground.

The project has polarized civic activists. Some see it as a chance for sustainable farming onLong Island and others think it is an excuse to mine and sell sand. White declined to comment on whether the company plans to sell the materials it excavates.

Blue Green Farms has launched the $35 million, 12-acre first phase of the project, a hydroponic farm. In early summer, workers plan to install 2,400 pilings that will be part of the foundation of the project, White said.

The facility, which totals 56 acres, is expected to expand in 2013 to include an aquaculture facility that will raise fish, company representatives have said.

Johan McConnell, president of the South Yaphank Civic Association, defended the operation. She said the company has "spent a tremendous amount of money" that it would never recoup by selling sand, and the farm is "just another form of farming."

But MaryAnn Johnston, president of the Affiliated Brookhaven Civic Organization, chided the state for overlooking DEC concerns and awarding the project a $517,000 grant in recent months. She said that money could have gone to Long Island's working fishermen.

"What are we saying to our fishermen?" she said.

Blue Green Farms cited for sand· mining

Civics call for closer environmental look

By PEGGY SPELLMAN HOEY

The developers of Blue Green Farms have been cited by the state Department of Environmental Conservation for violating sand mining regulations at their Yaphank location planned for a hydroponic farm and fish hatchery.

DEC spokesman Bill Fonda said investigators issued a notice of violation in December after Blue Green Farms reported removing about 90,000 cubic yards of material. Regulations require a mining permit for developers who remove over 750 cubic yards of sand over a 12-month period, Fonda said. As part of the permitting process, the developer would be required to submit a mined land reclamation plan, a reclamation bond and pay regulatory fees to the DEC, according to Fonda.

Blue Green Farms spokeswoman Judy White, of CJ2 Communications in Greenlawn, referred questions about the project to the land use attorney handling the case, Michael Cox, of the Weber Law Group based in Melville. Cox was not available for comment by deadline.

Fonda said the developers are going under the assumption the sand removal is protected under an agricultural exemption that was granted by the Town of Brookhaven. "I think they believe the town has given that to them, but it comes from the DEC," he said.

Fonda said DEC officials are meeting with Blue Green Farms Friday to discuss the matter. Blue Green Farms could be fined for the mining, if it cannot be proven the project qualifies under a state agricultural exemption.

The Blue Green Farms' developers, who include Leonard Shore of Hauppauge, plan a 12-acre hydroponic farm just south of Horseblock Road. Although vegetables will be the main focus of the farm, a fish hatchery, featuring tilapia, sturgeon and striped bass, will be added in 2013. Fish waste will then be used as fertilizer for the vegetables.

Shore said the project should be exempt, not only for agricultural reasons, but for construction reasons, because the sand had to be removed in order for the project to be built and the purpose of its removal was not just for sale.

“We are exempt -the DEC really has no business being there," he said.

Affiliated Brookhaven Civic Organization president MaryAnn Johnston questioned if there was a proper environmental review and why Blue Green Farms' developers are allowed to continue hauling sand away after they were told to stop· in December.

"The message to me is that our bays, streams and surface waters are so bad that the state is not investing in our fishermen, · but in this aquaculture," she said. "Why are we putting money into an on-land fish farm instead of supporting the industry already in place?''

Sharon Wiesmann, treasurer of the Yaphank Taxpayers and Civic Association, said residents are concerned with the sand removal and also questioned whether the project was reviewed properly. Wiesmann said the group has taken up the position that they are keeping a watchful eye on the project, given its close proximity to others nearby.

"There is ample apprehension from the residents of our community that have not been adequately addressed by the Town of Brookhaven, not the least of which is whether this project and the excavating required for the fish pools presents unique circumstances that will have a significant environmental impact to the Carmans River Watershed," the group said in a one-page statement blasting Blue Green Farms. "We question the judiciousness of the town to consider this project to be exempt under the state and town agricultural laws by not requiring a hard look under the State Environmental Quality Review Act. The town [planning department], who initially stated that the Yaphank location would not necessitate sand mining, has been asleep at the wheel with their eyes closed."

Johan McConnell, president of the South Yaphank Civic Association, supported the project, saying she “loves the project" because it has a much smaller footprint then that of other projects and will be able to produce the equivalent of 200 acres of vegetables on 20 acres. She rejected any claims the developer is conducting illegal sand mining at the location because she has never seen it taking place during the many times she has toured the site. Any sand that was pulled out was done so to make the ground level so the greenhouses could be installed.

"It's really tough to put a greenhouse on a piece of land with a big slant," she said. As far as the fishermen are concerned, McConnell said: "If this posed a problem for the fishermen, I’m sure he would be able to make accommodations," she said. •