Clean Water or an Asphalt Making?

Decide.

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.

THE TIME TO TAKE ACTION IS NOW!

Here's how to: Voice your objection!



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