Town of Dayton ZBA grants special mining permit

DAYTON – The town of Dayton will have a new mining permit within the town. Robert Nosal was approved for a special mining permit for his residence.

The requested permit is to mine less than 1,000 tons per 12 consecutive months. The permit is also to transfer topsoil from one parcel to another parcel of Nosal’s property. Frank Watson, code enforcement officer, said the request is to mine and move topsoil. The work hours would be Monday through Saturday 6 a.m. to 9 p.m. and Sunday from 10 a.m. to 10 p.m. There will be excavators, bulldozers and dump trucks on the premises during work hours, the zoning board of appeals said.

“The property is in an agriculture zone,” Watson said.

The permit is for five acres and the result of the mining will be a small pond 25 feet in depth. Watson said there is no environmental impact on the town and another proposed mining permit has more mining than is requested by Nosal. This is the sixth permit requested in the town and mining is the largest industry the town has.

The driveway which heavy machinery will use is located several hundred feet from the neighbor’s property. Nosal said it is right at the edge of his agricultural field. Following the mining, he will have a reclamation process for the pond with graded banks.

“It wouldn’t look like a bomb went off,” Nosal said.

The Cattaraugus County Department of Health has been involved in the matter. According to DOH, there will be no environmental impact on the water that is discharged as a result of the mining. The water runoff will go into the woods and not into any local water source.

The pond will not be completed in one year and will take several to complete. Nosal can dig as much as he would like per calendar year but cannot remove more than 1,000 tons from the area. Some of the topsoil removed will be sold by Nosal.

A mining permit will not expire as long as the owner stays with the property. Nosal must renew the permit in five years. The Zoning Board of Appeals will review the application at that time and decide if the permit will be renewed.

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