Department of Environmental Conservation

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Dalrymple Gravel and Contracting Company, Inc.

June 8, 2001



PROJECT APPLICATION NUMBER: DEC 8-4642-00101/00001; MLR 8093-30-0769

PROJECT DESCRIPTION AND LOCATION:The Applicant proposes to develop a 112 acre sand and gravel mine on a 313 acre parcel in the Town of Erwin, Steuben County, known as the Scudder Sand and Gravel Pit, Smith Hill Road. The mine will operate as a traditional surface excavation of sand and gravel by mechanical equipment standard for this type of mine. Mining will occur below the water table utilizing a dragline. The excavated material will be washed, screened and crushed. Wash water will be directed to settling ponds and recirculated for reuse: no surface water discharges are proposed. Process dust will be managed by a wet spray system and haulage areas will be patrolled by a water truck. Final reclamation will restore the site to an open water recreational pond. Upland reclamation will include replacement of stockpiled topsoil and reseeding with an approved USDA SCS seed mixture to stabilize banks. Unaffected land will remain agriculture or forested. The proposed mining site is located in the Town of Erwin in the County of Steuben and is bounded to the north by Smith Hill Road, to the east by the Cohocton River, and to the south and west by a very steep wooded hillside.

PERMIT: The Applicant has applied for a Mined Land Reclamation permit pursuant to Environmental Conservation Law (ECL) Article 23, Title 27 and Parts 420 through 425 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR Parts 420 through 425).

SEQRA STATUS: Pursuant to 6 NYCRR Part 617 of the implementing regulations for Environmental Conservation Law (ECL)Article 8, (State Environmental Quality Review Act - SEQRA), DEC, as lead agency, determined the project may have significant impact on the environment and issued a SEQR Positive Declaration on July 28, 2000, requiring the preparation of a draft Environmental Impact Statement (dEIS). On December 19, 2000, Department Staff accepted the dEIS for the project described above.

PRIOR LEGISLATIVE PUBLIC HEARING HELD ON MARCH 27, 2001: Pursuant to notice dated February 21, 2001, a Legislative hearing to receive unsworn statements from the public on the application and the dEIS was held on March 27, 2001, in accordance with the provisions of 6 NYCRR Parts 617 and 621. As provided in the notice of February 21, 2001, written comments were accepted until 10 days after the close of the hearing which was April 6, 2001.

NOTICE OF ADOPTION OF PRIOR PROCEEDING AND NOTICE OF SUPPLEMENTAL LEGISLATIVE PUBLIC HEARING: In accordance with the provisions of 6 NYCRR Parts 617, 621 and 624, a supplemental legislative public hearing will be held before Administrative Law Judge Richard R. Wissler to receive additional unsworn statements from the public on the application and the draft environmental impact statement on Wednesday, July 25, 2001, at 10:00 A.M. at the Holiday Inn, 304 South Hamilton Street, Painted Post, New York, (607) 962-5021. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to file in advance to speak at the legislative hearing. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon written request to the ALJ at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act (SAPA).

Please be further advised that the proceedings of the aforementioned legislative public hearing held on March 27, 2001, and all written comments submitted thereto through April 6, 2001, will be adopted and made part of the record of the above supplemental legislative public hearing to be held on July 25, 2001. Accordingly, if you spoke at the hearing held on March 27, 2001, or submitted written comments with respect thereto, it is not necessary that you speak at the supplemental hearing to be held on July 25, 2001, or submit any further written comments.

ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held on Wednesday, July 25, 2001, at 2:00 P.M. at the Holiday Inn, 304 South Hamilton Street, Painted Post, New York, (607) 962-5021, and will continue on succeeding days as necessary. At the issues conference, the ALJ will determine what issues, if any, require adjudication, and will define the scope of such issues. The purpose of the issues conference will be to define, narrow and resolve, if possible, the issues concerning the permit application which may be raised. Participation at the issues conference will be limited to the Department Staff, the Applicant and those persons requesting party status pursuant to 6 NYCRR §§ 624.4 and 624.5 in advance of the issues conference.

IT IS EXTREMELY IMPORTANT THAT ANY PERSONS REQUESTING PARTY STATUS APPEAR OR BE REPRESENTED AT THE ISSUES CONFERENCE IN ORDER THAT ALL VALID ISSUES MAY BE FULLY DISCUSSED. An adjudicatory hearing will, if necessary, be scheduled following the issues conference. The issues conference may be canceled if no filings for party status are received by the deadline listed below.

FILING FOR PARTY STATUS AND PROPOSED ISSUES: To participate at the issues conference, parties must file a written petition requesting party status including the facts intended for presentation pursuant to 6 NYCRR §§ 624.4(c) and 624.5(b). In addition, any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interests, the statutory considerations relevant to the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status.

If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements which may not be met, and explain why. If a party intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments and other documentary evidence that the party intends to present at the hearing, and the grounds upon which the assertions are based regarding the proposed issues.

For amicus status, the filing must identify the nature of the legal or policy issues to be briefed, and provide a statement explaining why the proposed amicus is in a special position with respect to those issues, as required by 6 NYCRR 624.5(b)(3).

Persons having similar interests of concern are encouraged to file as a consolidated party.

All petitions requesting either full party status or amicus status must be received at the DEC Office of Hearings and Mediation Services by 4:00 P.M. on Wednesday, July 11, 2001. Such filings must be submitted to the following: Richard R. Wissler, Administrative Law Judge, NYS DEC Office of Hearings and Mediation Services, 50 Wolf Road, Albany, NY 12233-1550; Leo Bracci, Assistant Regional Attorney, NYSDEC Region 8, 6274 East Avon-Lima Road, Avon, New York 14414; and the attorney for the applicant Kevin M. Bernstein, Esq., Bond, Schoeneck and King, LLP, One Lincoln Center, Syracuse, New York 13202. Electronic filings and service by fax will NOT be accepted.

STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 8 (Environmental Quality Review); Article 23, Title 27 (Mined Land Reclamation); Article 70 (Uniform Procedures); Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Parts 420-426 (Mined Land Reclamation); Part 617 (State Environmental Quality Review); Part 621 (Uniform Procedures); and Part 624 (Permit Hearing Procedures).

STATE HISTORIC PRESERVATION ACT: A cultural resources survey has been completed. Based on the information provided in the survey report, the NYS Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will not have an impact on registered or eligible archaeological sites or historic structures.

DOCUMENT AVAILABILITY:The dEIS and other project information are available for your review at the Department's Office of Hearings and Mediation Services located at 50 Wolf Road, Albany, NY 12233-1550, until July 13, 2001, and thereafter at 625 Broadway, Albany, NY 12233-1010; and the Departments's Region 8 Headquarters, 6274 East Avon-Lima Road, Avon, NY 14414-9519. In addition, copies of the application and dEIS are also available at the Town of Erwin Town Hall, 117 West Water Street, Painted Post, NY 14870 and the Southeast Steuben County Library, 300 Civic Center Plaza, Corning, NY 14830.


Wednesday, July 11, 2001, 4:00 P.M.............Deadline for Filing for Party Status

Wednesday, July 25, 2001, 10:00 A.M..........Supplemental Legislative Public Hearing

Wednesday, July 25, 2001, 2:00 P.M.............Issues Conference

For further information please contact: David L. Bimber, NYSDEC Region 8 Headquarters, 6274 East Avon-Lima Road, Avon, New York 14414; Telephone: (716) 226-5401.

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
June 8, 2001

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