Hanson Aggregates New York, Inc.
February 25, 2004
NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF LEGISLATIVE PUBLIC HEARING and
NOTICE OF ISSUES CONFERENCE
APPLICANT: Hanson Aggregates New York, Incorporated, 6896 Ellicott Street, Pavilion, New York 14525
PROJECT APPLICATION NUMBER: DEC 8-3426-00004/00001; MLR 8063-21-0079
PROJECT DESCRIPTION AND LOCATION: The Applicant proposes to modify and renew an existing permit for a quarry located west of Upper Holley Road in the Town of Clarendon. The modification proposes: (1) changes to the Mine Land Use Plan (MLUP) regarding surface water drainage in the vicinity of the quarry; (2) changes to the location of the quarry sump; (3) addition of diesel-powered backup emergency electrical generating equipment; (4) improvements to the quarry access road; and (5) changes to the dewatering discharge locations. Additionally, the Draft Supplemental Environmental Impact Statement (DSEIS) evaluates groundwater and surface water impacts associated with the proposed project modifications and addresses new information on groundwater and surface water impacts discovered since dewatering operations commenced in 2000.
The quarry is located west of Upper Holley Road approximately 2,500 ft. south of the Upper Holley Road-State Route 31A intersection. The project is located within the Town of Clarendon, Orleans County.
PERMIT: The Applicant has applied to renew and modify an existing 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, the implementing regulations for 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 SEQRA Positive Declaration on March 4, 2003, requiring the preparation of a DSEIS. On September 24, 2003, Department Staff accepted the DSEIS for the project described above.
NOTICE OF PUBLIC HEARING: In accordance with the provisions of 6 NYCRR parts 617, 621 and 624, a legislative public hearing will be held before Administrative Law Judge P. Nicholas Garlick to receive additional unsworn statements from the public on the application and the draft environmental impact statement on March 25, 2004 at 7:00 p.m. at the Town of Clarendon Fire Company Recreation Hall, 16159 East Lee Road, Clarendon, NY 14429, phone (585) 638-6621. 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). Written comments will be accepted until 10 days after the close of the hearing.
ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held on March 26, 2004 at 10:30 a.m. at the Clarendon Town Hall, 16385 Church Street, Clarendon, NY 14429, phone (585) 638-6371, 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. THE ISSUES CONFERENCE MAY BE CANCELLED IF NO ISSUES EXIST BETWEEN THE PERMITTEE AND DEC STAFF, AND NO PETITIONS FOR PARTY STATUS ARE RECEIVED.
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.
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. The hearing provisions can be found at www.dec.state.ny.us, Hearings & Mediation, Guide to Permit Hearings.
All petitions requesting either full party status or amicus status must be received at the DEC Office of Hearings and Mediation Services by March 15, 2004. Electronic filings and service by fax will NOT be accepted. Such filings must be submitted to the following:
P. Nicholas Garlick, Administrative Law Judge, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550;
Leo J. Bracci, Esq., Assistant Regional Attorney, NYSDEC Region 8, 6274 East Avon-Lima Road, Avon, New York 14414; and
Kevin Brown, Esq., Devorsetz, Stinziano, Gilberti, Heinz & Smith, P.C., 555 East Genesee Street, Syracuse, New York 13202-0106
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: All filed application materials and the DEIS, will be available for public inspection at the following locations:
1) NYS DEC Office of Hearings and Mediation Services, First Floor, 625 Broadway, Albany, New York 12233-1550.
2) NYS DEC Region 8 Headquarters, 6274 East Avon-Lima Road, Avon, New York 14414-9519. (585) 226-2466.
SUMMARY OF IMPORTANT DATES AND TIMES:
March 15, 2004....................................Deadline for Filing for Party Status
March 25, 2004 at 7:00 p.m................Legislative Public Hearing
March 26, 2004 at 10:30 a.m..............Issues Conference
For further information please contact: Peter Lent, NYSDEC Region 8 Headquarters, 6274 East Avon-Lima Road, Avon, New York 14414; Telephone: (585) 226-5390.
James T. McClymonds
Chief Administrative Law Judge
Albany, New York
February 25, 2004