Status: A Break in the Action

Have you wondered why there hasn't been news about mining in Rhinebeck since the Public Hearing closed on February 10? The late winter and spring have been quiet with no changes to the permit situations regarding the mine.  The next moves are up to the Department of Environmental Conservation (DEC) and Red Wing.  To recap, we are waiting for their action on two things:

The first thing is the application before the DEC for a permit to expand the Red Wing Mine on White Schoolhouse Road.  Many members of the Rhinebeck community, including town and county government officials and Rural Rhinebeck Neighbors, provided a large number of comments against the expansion during the public comment period that concluded on February 10, 2023.  The DEC as Lead Agency is responsible for reviewing and evaluating all those comments.  It is ultimately responsible for preparing the Final Final Environmental Impact Statement (FEIS) and responding to any comments on the applications but the Department can (and does) rely on the applicant for an initial response.  Because of the volume of comments received, it is taking more time than usual to review them and prepare responses.  We previously expected some news from the DEC within 60 days following the closing of the public hearing; however, Red Wing has agreed to a mutual suspension of UPA (Uniform Procedures Act) time frames.  This allows time for DEC to thoroughly evaluate our comments.  Red Wing, as the applicant and project sponsor, also receives and evaluates the comments.  The DEC's response to the public comments will determine what the next steps will be and when they will occur.

The second thing is the application before the Town of Rhinebeck Planning Board for a Special Use Permit (SUP) to restart mining at the Red Wing Mine.  In February of 2022, the Planning Board began consideration of Red Wing's application for a SUP for the mine.  However, at the Planning Board's July 5, 2022 meeting, a motion to continue the public hearing to an undetermined date and time was passed by the Planning Board, because Red Wing Properties, Inc. began litigation against the Town of Rhinebeck and the Town of Rhinebeck Zoning Board of Appeals. Due to certain allegations which were made by Red Wing in that litigation, and upon the advice of the Planning Board’s counsel, Red Wing’s application was taken off the Planning Board’s agenda.  Then on on August 30, 2022, the Honorable Judge Maria Rosa of the Dutchess County Supreme Court denied in its entirety Red Wing's motion.  The next step is up to Red Wing and is to request to be put back onto the Planning Board's agenda. 

In both cases, no news is good news.