December 8, 2000
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DEC No. 5-1630-00093/00003
ADIRONDACK PARK AGENCY
Project No. 2000-54
NOTICE OF JOINT LEGISLATIVE PUBLIC HEARING
AND ISSUES CONFERENCE
Applicant: Adrian Girouard, 56 Sunset Avenue, Tupper Lake, New York 12986. Represented by: Ms. Julie King, 181 Main Street, Tupper Lake, New York 12986.
Project: The applicant is seeking approval from the Department of Environmental Conservation (DEC) and the Adirondack Park Agency (APA)to construct and operate a sand and gravel pit in the Town of Brighton, Franklin County. The project is proposed to be located on a 129 acre parcel on the east side of the Gabriels-Onchiota Road (County Rt. 30) The mining site lies approximately 2000 feet east of this county highway. The applicant proposes to remove 10,000 cubic yards of material annually and operate from May through November, Monday through Friday from 7:00 am to 4:00 pm and occasionally on Saturday from 7:00 am to 12 noon. The applicant anticipates a maximum of 10 loaded truck trips daily with an average of 5 loaded truck trips daily. Five (5) acres will be disturbed during the life of mine with approximately three (3) acres to be disturbed during the initial permit term. The application and supporting documents, including a mining and reclamation plan, may be reviewed by interested parties by scheduling an appointment with the contact person identified below.
Statutory and Regulatory Provisions: Processing of the DEC application is pursuant to Article 3, Title 3 of the Environmental Conservation Law (ECL) (General Functions); Article 70 of the ECL (Uniform Procedures); Article 23, Title 27 of the ECL (Mined Land Reclamation); Parts 420 - 426 (Mined Land Reclamation); Part 621 (Uniform Procedures) and Part 624 (Permit Hearing Procedures). Processing of the APA application is pursuant to §§ 809 and 810(2)(b)(15) of the Adirondack Park Agency Act (APAA), which is Article 27 of the Executive Law, and the Agency regulations Part 572 (Procedures for the Review of Permits and Variances) and Part 580 (Hearing Procedures).
SEQRA: The project is a Type II action under the State Environmental Quality Review Act (SEQRA) as it is subject to the jurisdiction of the Adirondack Park Agency pursuant to Section 809 of the Executive Law and therefore not subject to review under SEQRA.
An application was filed with the Adirondack Park Agency on March 10, 2000 and DEC on March 14, 2000. The Agency determined the application was complete on August 29, 2000 and issued a Notice of Completed Application. The notice was also published in the Environmental Notice Bulletin (9/6/00). The Department of Environmental Conservation issued a Notice of Complete Application on August 31, 2000 and noticed it in the Environmental Notice Bulletin (9/6/00) and the Adirondack Daily Enterprise (9/7/00).
PUBLIC HEARING: All persons, organizations, corporations or government agencies which may be interested in this project are invited to comment on this application. For this purpose, a DEC and APA Legislative Public Hearing on this application will be held on January 8, 2001 at 6:30 P.M. at the Brighton Town Hall, Paul Smiths, New York 12970 to receive oral or written statements. Oral statements may be limited in duration, if necessary. Written statements are encouraged, but not required, and may be submitted to the identified contact person prior to the hearing and within ten (10) business days following the hearing. All statements, either oral or written, will carry equal weight.
The Legislative Public Hearing will be followed by a prehearing issues conference by the APA to discuss potential issues and party status for the APA adjudicatory hearing to be held on a future date to be identified. The issues conference has been scheduled for 10:00 A.M. on Tuesday, January 9, 2001 at the Brighton Town Hall. Based on comments received at this time the major issues likely to be considered at the APA hearing include traffic safety, dust, watershed and wetland protection, loss of wildlife, the compatibility of the mine with the residential and recreational character of the area, adverse impacts to the tourist businesses and economy of the area, noise, enforcement and impacts to horse and hiking trails and campgrounds on State land. Any person or organization seeking to become a party to the hearing in order to participate in the prehearing issues conference, to present evidence, cross-examine witnesses or otherwise participate in the hearing (other than statutory parties and owners of land within 500 feet of the project site, who are parties of right) must file a petition with the Agency, prior to commencement of the hearing, pursuant to Section 580.7 of the Agency's regulations.
In addition, DEC Staff will participate in the prehearing issues conference to assist the ALJ in determining whether any substantive issues related to statutory determinations under the Environmental Conservation Law must be adjudicated. All filings requesting party status relating to the DEC mining permit must be in accordance with the criteria outlined in 6 NYCRR §624.5 (Hearing Participation) including an explanation of interest and description of the facts you intend to offer.
All filings requesting party status, proposing issues for adjudication or for presenting argument to either DEC or APA must be received on or before January 4, 2001 at the Office of Hearings and Mediation Services, 50 Wolf Road, Albany, New York 12233-1550, attention Helene Goldberger, ALJ with copies to the Applicant's Agent at the address given above, the APA, and DEC, Region 5 Staff at the addresses given below.
The hearing location is fully accessible to persons with mobility impairment. Pursuant to State Administrative Procedures Act Subdivisions 301(2) and 301(6), interpreter services shall be made available to deaf persons, at no charge, upon written request to the Hearing Officer by December 29, 2000.
DOCUMENT AVAILABILITY: The application, draft permit and supporting documents are available for review, by appointment, at the offices of the Department of Environmental Conservation and at the Adirondack Park Agency, Rt. 86, Ray Brook, New York.
Charles F. Gardephe
NYS Dept. Of Env. Conservation
Division of Environmental Permits
Rt. 86, PO Box 296
Ray Brook, New York 12977
Thomas E. Saehrig
Adirondack Park Agency
Rt. 86, PO Box 99
Ray Brook, New York 12977
Administrative Law Judge
NYS Department of Environmental Conservation
Office of Hearing Officers
50 Wolf Road
Albany, New York 12233-1550
Albany, New York
December 8, 2000