OCTOBER 2, 2007, FARMINGVILLE, NEW YORK – The Brookhaven Town Law Department this morning moved to file an official petition with the federal Surface Transportation Board in Washington, D.C., asking whether U.S. Rail has federal permission for the construction project and sand mining it has undertaken in Yaphank without any state or town review.

   Town attorneys have been trying to determine whether the project has federal approval ever since they learned last week that the project was underway. They have repeatedly requested copies from U.S. Rail of the federal documentation permitting the project but have not received any proof that the project is permitted. The town also reached out to the Surface Transportation Board last week, but had received no response as of early Tuesday morning.

   In a letter to the town received via fax on July 12 and via regular mail on July 27, an attorney for U.S. Rail, John D. Heffner, claims that the project has federal permission to go forward and is exempt from state and town review. The town has now officially requested that the Surface Transportation Board produce the documentation that the project has federal approval.

Office of the Supervisor
One Independence Hill • Farmingville • NY 11738 • Phone (631) 451-6955 • Fax (631) 451-6677