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Hanson Aggregates New York LLC., May 11, 2016

May 11, 2016

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
COMBINED NOTICE OF COMPLETE APPLICATION,
NOTICE OF ACCEPTANCE OF DRAFT ENVIRONMENTAL IMPACT STATEMENT,
NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT PERIOD

APPLICANT:

Hanson Aggregates New York LLC
4800 Jamesville Road
Jamesville, NY 13078

PROJECT LOCATION:

2049 Honeoye Falls No. 6 Road
Honeoye Falls, NY 14472

NYSDEC APPLICATIONS AND ID NUMBERS:

Article 23, Mined Land Reclamation, DEC # 8-9908-00113/00005

Project Description:

The action involves a proposed 63.6 acre expansion of the current Honeoye Falls Quarry 429 acre life of mine. The mine currently operates as a drill and blast surface excavation of limestone and dolomite. The proposed expansion area is located west of the existing mine and consists of five (5) phases, which would result in the removal of approximately 17 million tons of aggregate. As proposed, mining would commence from the southeast and proceed northwesterly. Processing currently includes crushing, washing and screening which will continue in the existing mine where it has historically been located. Surface and groundwater would continue to be pumped from the existing sump located in the eastern part of the quarry (SPDES Permit No. 002992). No change in truck traffic is anticipated since no change in production is being proposed. Trucks would continue to enter and exit the mine at the existing Honeoye Falls No. 6 Rd. entrance. As with the existing quarry the majority of the proposed quarry would be reclaimed to an open water area totaling approximately 319 acres. Above water areas will be covered with a minimum of 6 inches of overburden and planted. A 3.3 acre wetland/upland transition zone will be planted with wetland vegetation to enhance wildlife diversity.

State Environmental Quality Review Act ("SEQR"):

The project is a Type I Action as designated by 6 NYCRR §617.4(b)(6)(i). DEC, as the SEQR lead agency, issued a positive declaration on February 27, 2014 requiring preparation of a Draft Environmental Impact Statement (Draft EIS). A Draft EIS has been prepared and the DEC, as lead agency, has determined that the Draft EIS is adequate for public review and comment. As noted further below, written public comments will be accepted on the Draft EIS until June 30, 2016.In addition, pursuant to 6 NYCRR §617.9(a)(4), DEC has made the determination to hold a public hearing, the details of which are provided below in the legislative public hearing section of this notice.

Notice of Complete Application:

The DEC has determined that the Mined Land Reclamation (ECL Article 23) permit application filed for the proposal is complete for purposes of further DEC review and public comment pursuant to 6 NYCRR §621.7. As noted further below, written public comments will be accepted on the applications until June 30, 2016.

Additional Regulatory Provisions:

State Historic Preservation Act ("SHPA") Determination: A Phase IAB and a Phase II cultural resources survey has been completed for the entire project area. Based on a review of the survey results, the New York State Office of Parks, Recreation & Historic Preservation (OPRHP) has determined that the proposed project will have no impact on cultural resources in or eligible for inclusion in the State and National Registers of Historic Places. Consultation with the Seneca Nation and Tonawanda Band of the Seneca Indians will continue in accordance with NYSDEC Policy CP-42.

Coastal Zone Management:This project is not located in a Coastal Zone Management Area and, therefore, is not subject to the Waterfront Revitalization and Coastal Resources Act.

Document Availability: The Draft EIS, which includes permit application materials, are available for public review at the locations listed below during normal business hours, and on the internet at the following website:

NYS DEC, Region 8 Office
6274 E. Avon-Lima Road
Avon, NY 14414-9519

On-line for viewing and downloading on Lehigh Hanson's website. (link leaves DEC's website)

Legislative Public Hearing: A legislative hearing on the permit applications and the Draft EIS will be held before Administrative Law Judge (ALJ) Molly T. McBride to receive unsworn statements from the public at 6:00 p.m. on Wednesday, June 14, 2016 at the Avon Veterans' Hall located at 5480 East Avon Road, Avon, NY.All persons, organizations, corporations or government agencies that may be affected by the proposed project are invited to attend the legislative hearing and to submit oral comments on the Draft EIS and application. No prior filing is required to participate. However, the ALJ may restrict the time available to three (3) minutes for each person, to ensure that all persons will have an opportunity to be heard. It is recommended that lengthy comments be submitted in writing at the hearing. Written comments regarding this application may also be filed with Regional Permit Administrator at the hearing, or as indicated below. Equal weight will be given to both oral and written comments. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons and persons with limited English proficiency, at no charge, upon written request to the ALJ identified above, at least ten (10) business days prior to the hearing.

Written Public Comments: All interested parties may submit written comment concerning the Draft EIS and permit applications at the hearing, and to the DEC Contact Person listed below by June 30, 2016.Comments sent by regular mail must be postmarked no later than June 30, 2016. E-mail and Fax comments must be received by 5:00 p.m. (EDT), June 30, 2016.

DEC Contact Person: Thomas P. Haley, Deputy Regional Permit Administrator, DEC Region 8, 6274 Avon-Lima Road, Avon, New York 14414-9519, Phone: 585-226-5393, Fax: 585-226-2830, E-mail: Thomas.Haley@dec.ny.gov.

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