Blackberry River Valley Protection Alliance, Inc. (formally known as STAPEC, LLC) is an environmental organization with a mission of environmental protection and conservation in North Canaan and adjacent towns in the Blackberry River watershed and its environs. Its mission includes, but is not limited to, protecting the air, the land, the aquifer, wildlife, and the health and general quality of life of area residents and visitors.
B. Metcalf Asphalt Paving product, East Canaan, CT.
This
is what B. Metcalf is making up the hill from our house .. he makes it
outdoors in an old gravel mine that sits above the aquifer that fills my
neighbors and our wells... he is suing the town to put in a 4 million
dollar plant so he can make LOTS more.
Dolores Schaefer Perotti
Facebook Post: March 19, 2019 at 5:28 PM (view post)
Cold Patch to Warm Mix Asphalt: The proposed Warm Mix Asphalt Plant is an oily and more toxic slippery asphalt slope
A few weeks ago the Canaan ZBA (Zoning Board of Appeals) lifted the Cease and Desist order on B.Metcalf Asphalt and allowed them to keep manufacturing their Cold Patch Asphalt product in East Canaan. Why this expanded use of allowing the manufacturing a unique new product on this property was ever allowed - under a pre-existing “non-conforming” use - is a good question. As is the question at the root of the matter does “processing asphalt” mean “manufacturing asphalt”. But we cannot allow further expansion of any asphalt manufacturing on the 15 Allyndale Road property or the Metcalf property at 235 East Canaan Road where Metcalf is now seeking a court ordered permit (Hearing Date set for May 14, 2019) to build a plant to manufacture Warm Mix Asphalt. We must be thorough and definitive as a community. We need to insist that the North Canaan Zoning Board state that there is a difference between “processing” and
December 22, 2012 letter (click to enlarge)
“manufacturing” and that allowing “processing” was never meant to allow “manufacturing”. We need to insist that the letter of December 22, 2012 by the former Zoning Enforcement Officer regarding “processing of asphalt” at 15 Allyndale Road be clarified to state that “...processing of asphalt, brick and concrete intermittently with a portable crusher… and processing equipment to utilize millings.” was not intended and should not now be interpreted in any way to allow the “manufacture of a new and unique asphalt product” as a continuation of a pre-existing “non-conforming” use on either property. Regarding the Warm Mix Asphalt plant site modification plan submitted by B. Metcalf Paving, Inc. that is in court, we as a community need to be vigilant and actively seek advice and intervention on this matter from the State of Connecticut Attorney General and the DEEP where applicable, regarding water and air quality permitting and the State Statute CT Public Act 98-216 (22A-196) governing the site location of any “batching or continuous mix facility” located within one-third mile of a watercourse and within one-third mile of residential housing.
Housatonic Valley Association documenting North Canaan, Connecticut Wetland Soils & Aquifer Potential Areas
There is a potential aquifer under this property. This also risks contaminating the groundwater going to aquifers that feed town water well system and private wells .
BLUE CROSSHATCH AREAS are Surficial Aquifer Potential Areas Considered to Have the Greatest Potential for Ground Water Yield
Housatonic Valley Association documenting North Canaan, Connecticut
Wetland Soils & Aquifer Potential Areas (detail from original map).
Attorney General's Opinion on "...asphalt batching or continuous mix facility..." sites Sec. 5. This act shall take effect from its passage, except that section 1 shall take effect October 1, 1998. The language of the public act is quite plain. Any asphalt batching
or continuous mix facility not in operation as of December 31, 1997, may
not be located less than one-third of a mile from any of the sites
listed. According to the information you have supplied to me, the Fedus
Colchester plant is located within one-third mile of a watercourse and
within one-third mile of residential housing and, as of December 31,
1997, it was not in operation. If those are the facts regarding the
location of the plant and its operation, the currently pending
application to renew the permit to construct the plant must be denied as
the statutory language prohibits location of such a facility, inter
alia, within 1/3 mile of residential housing and within 1/3 mile of a
watercourse.
NO COLD PATCH OR WARM MIXASPHALT: THE TIME TO TAKE ACTION IS NOW!
1) CONTACT to thank them for standing strong on this issue and tell them you don’t want to see any asphalt batching or manufacturing plant in Canaan.
North Canaan Planning & Zoning
℅ Town Hall
100 Pease Street
North Canaan, CT 06018
“The processing of cold patch on site will create no adverse environmental consequences. The sand and gravel would be used dry and mixed with a room temperature, environmentally green emulsifier…”.
When data provided by Metcalf from
Gem-Seal GemPatch Cold Patch Safety Data Sheet product used by B.
Metcalf to manufacture their Cold Patch Asphalt says otherwise:
“Section
3: COMPOSITION / INFORMATION ON INGREDIENTS: Diesel No. 2.”
B. Metcalf Paving, Inc is threatening Canaan’s health, air, and water by risking the batching and manufacturing of asphalt in our town.
Asphalt Batching and Manufacturing Danger
EMIT TOXIC FUMES - THAT WE WILL ALL HAVE TO BREATH
ARE LOUD AND NOISY AND EMIT CLOUDS OF DUST AND STEAM - AIR POLLUTION RISK
CAUSE PROPERTY VALUES TO FALL - WHICH MEANS AN INCREASE IN OUR TAX RATE
ARE A DANGER TO AQUIFERS, THE RIVER, WELLS - A WATER POLLUTION RISK
STOP the Asphalt Plant. STAP! Say NO to this Asphalt Batching and Manufacturing Plant!
B. Metcalf Asphalt is seeking a site modification approval to be allowed to add a Warm Mix Asphalt Batching and Manufacturing Plant to their site on East Canaan Rd, adjacent to residential neighborhoods and 1/3 of a mile from the Blackberry River.
Warm Mix Asphalt
Batching and Manufacturing Plant
site is adjacent to residential
neighborhoods and
1/3 of a mile from the Blackberry River.
An asphalt plant could have a very negative impact on your home values . Studies show a very negative impact on home values – of up to a 30% decrease. And in a property value study by the Blue Ridge Environmental Defense League documented losses of up to 56% were found because of the presence of a nearby asphalt plant.
There is a potential aquifer under this property. This also risks contaminating the groundwater going to aquifers that feed town water well system and private wells . According to the U.S.Government, the " health effects from exposure to asphalt fumes include headache, skin rash, sensitization, fatigue, reduced appetite, throat and eye irritation, decreased fertility, adverse birth outcomes, liver damage, cough, and skin cancer."
Even a so called Green Mix facility only yields a reduction of about 33% leaving 67% of dangerous Asphalt Fume (inhalable benzene ) and crystalline silica in the environment. Once North Canaan has one asphalt plant, we will be contending with the possibility of having more. AN ASPHALT PLANT presents a real and present danger to the quality of life in our whole town.
Clean Water or an Asphalt batching or manufacturing plant?
This is what’s wrong with the B. Metcalf Asphalt plant in the Blackberry River Valley that feeds the Aquifer for the town of North Canaan CT.
This...
And that’s the Cold Mix Asphalt!
The contradictory claims and assurances in letters and applications presented by Metcalf run the gamut from, only wanting to continue the “Current and Past Uses” and “Proposed Uses” (see Special Permit Application (1/16/18), including, “Processing of asphalt, brick and concrete (crush material for road base)” and “...to manufacture and bag cold patch (cold mixing of aggregate materials and emulsifier inside building)”) to a “Site Plan Modification Application” (submitted/returned 4/28/18, per court filing ) that would allow a ‘warm-mix asphalt’ to be manufactured on this site. That change would come along with occupational and health hazards (see references below) to both area residents and workers. And then what about the wording provided by Metcalf Asphalt, quote “...to manufacture and bag cold patch (cold mixing of aggregate materials and emulsifier inside building)” in the original permit. Pretty clear right? . BUT in their court filing (6/12/18) Metcalf now claims in line 9) The Prior Approval of a Special Permit for the premises runs with the land and authorizes the processing of asphalt.(SEE NOTE BELOW) And in line 10) The prior Approval included a dryer, which, when necessary would heat the asphalt.” I sure can’t find those words in the original permit application.
Cold Patch Asphalt coating inside a jar.
UPDATE: March 14, 2019
And NOW they want to get permitted to build WARM MIX ASPHALT manufacturing facility!
Cold to Warm: The proposed Warm Mix Asphalt Plant is an oily and more toxic slippery asphalt slope
A few weeks ago the Canaan ZBA (Zoning Board of Appeals) lifted the Cease and Desist order on B. Metcalf Asphalt and allowed them to keep manufacturing their Cold Patch Asphalt product in East Canaan. Why this expanded manufacturing of a unique new product on this property was ever permitted - under a pre-existing “non-conforming” use - is a good question. As is the question at the root of the matter does “processing asphalt” mean “manufacturing asphalt”. But we cannot allow further expansion of any asphalt manufacturing on this property or the Metcalf property at 235 East Canaan Road where Metcalf is seeking a court ordered permit (Hearing Date set for May 14, 2019) to now build a plant to manufacture Warm Mix Asphalt. We must be thorough and definitive as a community. We need to insist that the North Canaan Zoning Board state that there is a difference between “processing” and “manufacturing” and that allowing “processing” was never meant to allow “manufacturing”. We need to insist that the letter of December 22, 2012 by the former Zoning Enforcement Officer regarding “processing of asphalt” at 15 Allyndale Road be clarified to state that “...processing of asphalt, brick and concrete intermittently with a portable crusher… and processing equipment to utilize millings.” was not and should not now be interpreted in any way to allow the “manufacture of a new and unique asphalt product” as a continuation of a pre-existing “non-conforming” use on this property. Regarding the Warm Mix Asphalt plant site modification plan submitted by B. Metcalf Paving, Inc. we as a community need to be vigilant and actively seek advice and intervention on this matter from the State of Connecticut Attorney General and the DEEP where applicable regarding State Statute CT Public Act 98-216 (22A-196) governing the site location of any “batching or continuous mix facility” located within one-third mile of a watercourse and within one-third mile of residential housing.
It is more than a little disturbing that a letter dated May 24, 2007 from Michael Mulville to the North Canaan Planning and Zoning commission about his property at 15 Allyndale Rd has turned into the upsetting and expensive issue of a possible Warm Mix Asphalt Plant in our town.
The letter states:
“This letter is in regards to a few jobs I would like to deliver gravel to. It is our intent to haul gravel to these sites and in return we will be hauling out the old asphalt and concrete. We will be crushing the asphalt and concrete to use on our driveways and roads here at our business. This helps us to hold our dust levels down.” That is what Mr. Mulville’s letter said.
As a citizen in a town that has zoning regulations that dont include asphalt as an allowed use, I dont understand why the letter from Mr. Mulville has allowed B.Metcalf to now manufacture asphalt in our East Canaan neighborhood.
"Crushing of old asphalt and concrete for the use of driveways and roads to be used on site to hold dust levels down". This sentence has turned into B.Metcalf making Cold Patch Asphalt.
According to B.Metcalf's previous lawyer he makes cold patch using room temperature environmentally green emulsifier in a closed environment.
In December at the Zoning Board of Appeals at the North Canaan Town Hall, B.Metcalf admitted he uses diesel fuel in his 150 degree asphalt Binder outdoors.
Many of the citizens of North Canaan would like to know how B. Metcalf has a prior approval of a non conforming pre existing use for Asphalt Manufacturing in an Residential Agricultural Zone from Mulvilles letter of 2007. We are also very frightened of this turning into a Warm Mix Asphalt Plant at 235 East Canaan Road.
Attorney Shipman continually calls the concerned north Canaan residents confused. We are completely aware of the difference between a Cease and Desist at 15 Allyndale Rd and a proposed Asphalt Plant at 235 East Canaan Road.
There is nothing “just” about MANUFACTURING ANY ASPHALT in East Canaan!
There is nothing “JUST” about allowing a “pre-existing non-conforming use” when there is NO SUCH DOCUMENTED “PRE-EXISTING” USE of manufacturing an asphalt product on this site. EVER! And certainly nothing “JUST” in a strategy to REDEFINE “processing” as “manufacturing”!
How can we trust a Metcalf assertion that, “The processing of cold patch on site will create no adverse environmental consequences. The sand and gravel would be used dry and mixed with a room temperature, environmentally green emulsifier…”. When data provided by Metcalf from Gem-Seal GemPatch Cold Patch Safety Data Sheet product used by B. Metcalf to manufacture their Cold Patch Asphalt says otherwise: “Section 3: COMPOSITION / INFORMATION ON INGREDIENTS: Diesel No. 2.”
Cold Patch Asphalt coating inside a jar.
And NOW they want to get permitted to build Warm Mix Asphalt manufacturing facility!
I don’t think that DIESEL FUEL HAS EVER BEEN REFERRED TO BEFORE as an “...environmentally green...” anything. Of course THE REAL DATA on Diesel No. 2 from Citigo Safety Data Sheet Diesel No. 2 is that “among the risks: ACUTE TOXICITY (inhalation) Ingredient Name: Benzene.”
There is nothing “JUST” about Asphalt Fumes (or as it seems the Metcalf GemPatch Cold Patch sheet likes to call it “MIST”) from asphalt manufacturing. It is NOT “just a nuisance”... NOT just smell. Asphalt Fume Hazard statements assert that it can “...cause skin, respiratory, and eye irritation. Could potentially be harmful if swallowed or inhaled. Suspected carcinogenic; the International Agency for Research on Cancer (IARC) has determined that there is sufficient evidence for the carcinogenicity of asphalt fumes.”
More DATA SHOWS that... “Benzene is a chemical with a specific OSHA regulation. OSU Chemical Safety Committee has classified the chemical benzene as a High hazard carcinogen. Use of this chemical must be registered and controlled, Long-term exposure, even at very low concentrations, may cause incurable, fatal blood disorders such as anemia or leukemia.”
And REMEMBER THAT strategy that REPRESENTED that it “...would be used dry and mixed with a room temperature…” There is certainly nothing “JUST” about… the dangers presented to the North Canaan Zoning Officials as evidenced in the CEASE AND DESIST order statement; “The Zoning Enforcement Officer asked if the temperature of the HOT “Cold Patch Asphalt” was safe to hold in the hand and the employee of B. Metcalf replied it will cause serious burns.” What happened to the Metcalf assertion of “room temperature”?
Or do the proponents really think it’s “just” the AIR, “just” the WATER, “just” the NEIGHBORS HEALTH, “just” THE QUALITY OF LIFE IN OUR TOWN AND AREA?
There is nothing “JUST” about manufacturing COLD PATCH ASPHALT OR ANY OTHER ASPHALT PRODUCT on this site! Except TO “JUST” SHUT IT DOWN FOR GOOD NOW.
Bernard Re, Jr.
84 Trescott Hill Road
North Canaan CT 06019
