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Gernatt Asphalt Products, Inc.

November 19, 2003


Applicant: Gernatt Asphalt Products, Inc., Taylor Hollow Road, P.O. Box 400, Collins, New York 14034.

Project Application No.: 9-0442-00010/00013

Project Description and Location: The site, the Borer Deposit Gravel Mine, also known as the Freedom Plant, is located at 11216 Route 98, P.O. Box 89, Sandusky, New York 14133. Applicant proposes to modify the operating hours in the Mined Land Use Plan. Specifically, Applicant proposes to increase the hours of operation from 14 hours per day (7:00 a.m. to 9:00 p.m.) to 24 hours per day for operation of the processing plant, and to the hours of 5:30 a.m. to 9:00 p.m. for loading transport trucks.

Permit: Environmental Conservation Law ("ECL") article 23, title 27, Mined Land Reclamation Law and title 6 of the Official Compilation of Codes, Rules and Regulations ("6 NYCRR") parts 421 and 422. Applicant proposes a modification of the existing permit to increase the hours of operation.

SEQRA Status: Department Staff determined that the proposed action is an unlisted action pursuant to the State Environmental Quality Review Act ("SEQRA"). A SEQRA negative declaration was prepared on July 24, 2003. Because no other involved agencies exist, a coordinated review was not performed, and the Department is the lead agency.

Legislative Public Hearing: In accordance with the provisions of 6 NYCRR parts 617, 621, and 624, a legislative public statement hearing will be held to receive unsworn statements from the public on the application, on Thursday, December 11, 2003 at 7:00 p.m. at the Freedom Town Hall, 1188 Eagle Street, Sandusky, New York, 14133, telephone number 716-492-0961. All persons, organizations, corporations or government agencies that 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 submitted 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. Pursuant to the State Administrative Procedure Act ("SAPA"), interpreter services shall be made available to deaf persons, at no charge, upon written request to the Administrative Law Judge, at the address below, at least ten days prior to the hearing.

Written Comments: In addition to, or in lieu of, providing oral comments at the legislative hearing, all interested persons may submit written comments at the hearing or mail those comments so that they are postmarked by December 9, 2003. Written comments will also be accepted at the legislative public hearing. Address comments to Maria E. Villa, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550. As noted above, written comments will be given weight equal to oral comments made at the legislative hearing.

COMMENT PERIOD: The comment period for this application and revised draft permit ends on December 11, 2003.

Issues Conference: A pre-adjudicatory hearing issues conference will be held on Friday, December 12, 2003 at 9:30 a.m. at the Freedom Town Hall, 1188 Eagle Street, Sandusky, New York, 14133, telephone number (716) 492-0961, and will continue on succeeding days as necessary. The purpose of the issues conference will be to define, narrow, and resolve, if possible, the issues raised concerning this application. Participation at the issues conference will be limited to the Department Staff, the Applicant, and those persons requesting party status pursuant to 6 NYCRR sections 624.4 and 624.5 in advance of the issues conference.


Filing for Party Status and Proposed Issues: To participate at the issues conference, potential parties must file a written petition requesting party status. The petition must satisfy the requirements provided for in 6 NYCRR sections 624.4(c) and 624.5(b). Any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the proposed party's representative(s), the proposed 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 that may not be met, and explain why those requirements may not be met. If a proposed 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 documentary evidence that the proposed 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 a proposed amicus is in a special position with respect to those issues, as required by 6 NYCRR section 624.5(b)(3).

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

All petitions requesting either full party or amicus status must be received at the Department's Office of Hearings and Mediation Services by 4:00 p.m. on Wednesday, December 3, 2003. Such filings must be submitted to the following: Maria E. Villa, Administrative Law Judge, NYS Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York, 12233-1550; David Stever, Esq., Assistant Regional Attorney, New York State Department of Environmental Conservation, Region 9, 270 Michigan Avenue, Buffalo, New York 14203-2999; and Richard Pecnik, Gernatt Asphalt Products, Taylor Hollow Road, P.O. Box 400, Collins, New York 14034. Electronic filings and service by telefacsimile 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"); 6 NYCRR parts 420-426 ("Mined Land Reclamation"); part 621 ("Uniform Procedures"); and part 624 ("Permit Hearing Procedures").

Document Availability: Project information is available for review at the Department's Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550 (telephone 518-402-9003) (contact Administrative Law Judge Maria Villa), and at the Department's Region 9 Office at 182 East Union, Suite 3, Allegany, New York 14706-1328, telephone number 716-372-0645 (contact Kenneth C. Taft, Deputy Regional Permit Administrator).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
November 19, 2003

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