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Sand Land Corp. (July 31, 2015)

July 31, 2015

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF DEADLINE FOR PETITIONS FOR PARTY STATUS,
PUBLIC LEGISLATIVE HEARING, AND ISSUES CONFERENCE

Applicant:
Sand Land Corp.
PO Box 1259
Wainscott, New York 11975-1259

Project Location: Wainscott Sand and Gravel
585 Middle Line Highway
Noyac Middle Line Highway - NE End
Bridgehampton, New York 11932

Applicant's Agent: Eagan & Matthews PLLC, 241 Pantigo Road, East Hampton, New York, 11937

DEC Application ID No.: 1-4736-00851/00003

Project Description: Applicant has applied to the New York State Department of Environmental Conservation (NYSDEC or Department) for a modification to its existing mined land reclamation permit. The modification seeks to expand the existing mining operation at the project location by 4.9 acres on a 50 acre site, and to excavate 40 feet deeper than current excavation to an elevation of 120 feet above sea level. The current mining permit was issued by the Department on November 5, 2013 and will expire on November 4, 2018. The life of the mine is estimated to be 25 years with a projected volume of 2 million cubic yards of sand and gravel to be mined, subject to changes due to market conditions. Site reclamation is required as mining is completed in mined areas.

The Department received the modification application from applicant on January 16, 2014. A notice of complete application was issued on July 2, 2014 ( see http://www.dec.ny.gov/enb/20140716_reg1.html). A public legislative hearing was held on November 19, 2014 pursuant to part 621 of title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) to solicit public comments regarding the application.

The application was denied on April 3, 2015 and applicant requested a hearing. The matter was referred to the Department's Office of Hearings and Mediation Services (OHMS) for permit hearing proceedings pursuant to 6 NYCRR part 624 before Chief Administrative Law Judge (ALJ) James T. McClymonds.

SEQRA Status: The Department has determined that this is a Type I action, pursuant to Environmental Conservation Law (ECL) article 8 (State Environmental Quality Review Act [SEQRA]) and 6 NYCRR part 617. The Department conducted a coordinated review and, as lead agency, has determined that the project will not have a significant adverse impact on the environment. A Negative Declaration was issued on April 21, 2014 and is on file at the Department.

Public Legislative Hearing: A legislative hearing pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public will be held on Tuesday, October 20, 2015 at 5:00 pm at the Bridgehampton Community House, 2357 Montauk Hwy., Bridgehampton, New York.

ALL PERSONS, ORGANIZATIONS, CORPORATIONS, OR GOVERNMENT AGENCIES WHO MAY BE AFFECTED BY THE PROJECT ARE INVITED TO ATTEND THE HEARING AND COMMENT ON THE MODIFICATION APPLICATION. IT IS NOT NECESSARY TO NOTIFY THE ALJ IN ADVANCE TO BE ABLE TO SPEAK AT THE HEARING; LENGTHY COMMENTS SHOULD BE SUBMITTED IN WRITING. EQUAL WEIGHT WILL BE GIVEN TO BOTH ORAL AND WRITTEN STATEMENTS. THE ALJ MAY LIMIT THE TIME AVAILABLE FOR ORAL COMMENTS TO 5 MINUTES PER PERSON, DEPENDING ON THE NUMBER OF PEOPLE WISHING TO SPEAK, TO ENSURE THAT ALL PERSONS HAVE AN OPPORTUNITY TO BE HEARD. THIS LOCATION IS REASONABLY ACCESSIBLE TO PERSONS WITH A MOBILITY IMPAIRMENT.

Interpreter services shall be made available to deaf persons, and English language translator services shall also be made available, at no charge for either service, upon written request to the ALJ at the address below. All requests must be received no later than 4:00 pm on Tuesday, October 13, 2015.

Written Public Comments: Written comments concerning the application and permit denial may be mailed to Chief Administrative Law Judge James T. McClymonds at NYSDEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550, and will be considered equally with oral statements delivered at the legislative hearing, provided they are received by Friday, October 23, 2015.

Issues Conference: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory issues conference will be conducted by Chief Administrative Law Judge James T. McClymonds at the Bridgehampton Community House, 2357 Montauk Hwy., Bridgehampton, New York. The conference will begin at 10:00 a.m. on Wednesday, October 21, 2015, and continue throughout that day and on Thursday, October 22, 2015, if necessary. The purpose of the issues conference is to determine party status for any person or organization that has properly filed a petition (as indicated below), and to narrow and define those issues, if any, that will require adjudication in this matter. Participation at the issues conference shall be limited to Department staff, applicant, and those persons or organizations requesting party status. The known issues include the Department's basis for the denial of the application. Other issues may be proposed for adjudication and must be both substantive and significant in accordance with 6 NYCRR 624.4(c).

Adjudicatory Hearing: An adjudicatory hearing will be scheduled at a later date if issues are identified for adjudication. Participation at any adjudicatory hearing will be limited to Department staff, applicant, and those persons who have been granted party status.

Filing for Party Status and Proposed Issues: Persons seeking to participate at the issues conference and any subsequent adjudicatory hearing, if one is necessary, must file a written petition explaining whether their request is for full party status or amicus status. For the required contents of petitions for full party status, see 6 NYCRR 624.5(b)(1) and (2). To determine whether an issue is substantive, see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition seeking amicus status, see 6 NYCRR 624.5(b)(1) and (3).

ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE AT AN ADJUDICATORY HEARING MUST BE RECEIVED AT NYSDEC'S OFFICE OF HEARINGS AND MEDIATION SERVICES NO LATER THAN 4:00 P.M. ON WEDNESDAY, SEPTEMBER 2, 2015.Address all petitions to James T. McClymonds, Chief Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550, telephone: (518) 402-9003, email: james.mcclymonds@dec.ny.gov. At the same time and in the same manner that the petition is furnished to the ALJ, a copy of the petition must be furnished to applicant Sand Land Corporation's attorney, David E. Eagan, Esq., Eagan & Matthews PPLC, 241 Pantigo Road, East Hampton, New York, 11937, telephone: (631) 324-5909, email: davideagan@verizon.net, and to Department staff's attorney, David Rubinton, Esq., NYSDEC Region 1, SUNY at Stony Brook, 50 Circle Road, Stony Brook, New York, 11790, telephone: (631) 444-0260, email: david.rubinton@dec.ny.gov.

Filing of petitions by email is authorized provided petitions are received by all of the above parties by the 4:00 P.M. deadline, and a conforming hard copy is sent by first class mail and postmarked by the deadline date. Telefaxed petitions will not be accepted.

Applicant and Department staff are authorized to file written responses to any petitions. Any responses must be received at the Department's Office of Hearings and Mediation Services by 4:00 p.m. on Wednesday, September 30, 2015. Responses should be sent at the same time and in the same manner to counsel for staff and applicant, and to all parties filing petitions for party status. No further written responses are authorized at this time. The filing of written responses is without prejudice to any revision or extension of comments by Department staff or applicant, or any reply by party status petitioners, at the issues conference.

Any questions about filing requirements or other hearing procedures may be addressed to Chief ALJ McClymonds by telephone at (518) 402-9003. NYSDEC's permit hearing regulations (link leaves DEC website) may be found at http://www.dec.ny.gov/regs/4483.html, and a guide to permit hearing procedures may be found at http://www.dec.ny.gov/permits/6234.html, Hearings and Mediation Services, Guide to Permit Hearings.

Document Availability: Paper copies of all application materials are available for inspection at the Department's Region 1 Office during normal business hours: Contact Mark Carrara, Deputy Permit Administrator, SUNY Stony Brook, 50 Circle Road, Stony Brook, New York 11790-2356, telephone (631) 444-0365. Copies are also available at the Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany New York, telephone (518) 402-9003.

Statutory and Regulatory Provisions: The application is being processed and this proceeding is being conducted according to ECL article 3 (General Functions), article 8 (Environmental Quality Review, SEQR), and article 70 (Uniform Procedures); and 6 NYCRR part 617 (SEQR), part 621 (Uniform Procedures), and part 624 (Permit Hearings Procedures).

James T. McClymonds
Chief Administrative Law Judge

July 31, 2015
Albany, New York

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