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Interstate Materials Corp.

July 18, 2001

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
and
NEW YORK CITY DEPARTMENT OF SANITATION COMBINED
NOTICE OF COMPLETE APPLICATION, COMPLETION OF DEIS,
JOINT PUBLIC HEARING AND ISSUES CONFERENCE

APPLICANT: Interstate Materials Corp., 211 Johnson Street, Staten Island, NY 10309.

PROJECT APPLICATION NUMBERS: N.Y.S. Department of Environmental Conservation ID No. 2-6405-00011/00009. New York City Department of Sanitation CEQR No. 98-DOS-015R.

PROJECT DESCRIPTION AND LOCATION: The Applicant, Interstate Materials Corp. (Interstate or the Applicant), proposes to construct and operate a Solid Waste Transfer Station in Staten Island, New York. The site is bounded by a construction material storage yard to the north, Port Mobil Corporation to the south, the Arthur Kill to the west, and several industrial properties to the east on Industrial Loop Road. The proposed transfer station, to be located on Interstate's existing property located at 211 Johnson Street, will consist of a dredged materials processing facility, a construction and demolition debris (C&D) processing facility, and a putrescible solid waste (PSW) transfer station, encompassing a total of 18 acres of property, including Johnson Street, a private street. The proposed solid waste transfer station will occupy the same basic footprint (approximately 15 acres) as the existing facility which is presently operating as a clean fill material transfer station under New York State Department of Environmental Conservation (NYSDEC) registration #43W43, capable of storing 160,000 cubic yards of clean fill, and under New York City Department of Sanitation (NYCDOS) Permit No. 11, capable of storing up to 75,000 cubic yards. Interstate's NYCDOS permit currently allows the facility to process up to 10,000 cubic yards per day of fill material.

The proposed facility's dredge material processing area is designed to process for reuse an average of 5,000 cubic yards of dredged material per week. The proposed PSW transfer building will be an enclosed 17,500 square foot structure with a concrete slab floor. The facility will only accept commercial PSW from sources within Staten Island that is transported via private carters serving the Borough of Staten Island and will be capable of processing up to 1,200 tons per day of PSW. The proposed C&D processing area will accept C&D debris from sources within the NYC metropolitan area and will be capable of processing approximately 2,625 tons (3,500 cubic yards) per day of C&D, and storing approximately 5,700 tons (7,600 cubic yards) of reusable C&D material, and 3,400 tons (4,500 cubic yards) of waste C&D material.

PERMITS REQUESTED: From the NYSDEC, the Applicant is requesting a permit to construct and operate a solid waste management facility, pursuant to Title 7 of Article 27 of the Environmental Conservation Law ("ECL") and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") Part 360, as well as a modification to an existing SPDES permit 2-6405-00011/00002, pursuant to Titles 7 &8 of Article 17 of the ECL and 6 NYCRR Parts 750 - 757. From the NYCDOS, the Applicant is requesting permits to operate a putrescible solid waste and a non-putrescible solid waste transfer station pursuant to statutory and regulatory authority under the Administrative Code of the City of New York ("Admin. Code") at §16-131, and the Rules of the City of New York ("RCNY"), Title 16, Chapter 4, Subchapters A (nonputrescible) and B (putrescible).

VARIANCES AND WAIVER REQUESTED: The Applicant is requesting a variance from the NYCDOS requirement for opaque fencing surrounding the unenclosed southern and western areas of the transfer station pursuant to16 RCNY §4-06.

STATUTORY AND REGULATORY PROVISIONS: This application is being processed by NYSDEC pursuant to ECL Article 3, Title 3 (General Functions) and ECL Article 70 (Uniform Procedures), as well as 6 NYCRR Parts 621 (Uniform Procedures) and 624 (Permit Hearing Procedures), in addition to those provisions cited above. This legislative hearing also is being held in compliance with Title 62, Chapter 5 of the Rules of the City of New York and City Environmental Quality Review Executive Order No. 91 of 1977, as amended, (CEQR), as a public hearing on the Draft Environmental Impact Statement (DEIS).STATE ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA") and CITY ENVIRONMENTAL QUALITY REVIEW ("CEQR") STATUS: Pursuant to ECL Article 8 (State Environmental Quality Review), 6 NYCRR Part 617, and CEQR, the NYSDEC and the NYCDOS as co-lead agencies performed a coordinated review of the project, completing the DEIS on 05 July 2001. On that date, the DEIS was accepted for public review by the NYSDEC and NYCDOS.

NOTICE OF COMPLETE APPLICATION AND COMPLETION OF DEIS: NYSDEC and NYCDOS staff have determined the application and the DEIS to be complete and public notice of completeness was made on 06 July 2001. This notice, to be published on or about 18 July 2001 in the Environmental Notice Bulletin, New York Post and the Staten Island Advance, serves as the Notice of Complete Application, Completion of the DEIS, Joint Public Hearing and Issues Conference.

TENTATIVE STAFF POSITION: The NYSDEC and the NYCDOS staff have reviewed the application materials and supporting documentation and the DEIS and have determined that they are complete pursuant to 6 NYCRR Part 360 and CEQR. NYSDEC has made a tentative determination to approve this application. NYSDEC staff has determined that all statutory and regulatory criteria can be met through the imposition of special permit conditions.

DOCUMENT AVAILABILITY: Application materials which include application forms, engineering and site investigation reports, engineering drawings, draft NYSDEC permits, and the DEIS are available for review at the following locations during normal business hours between 9:00 AM and 4:00 PM, Monday through Friday:

  1. NYSDEC Office of Hearings and Mediation Services (OHMS), 625 Broadway, 1st Floor, Albany, NY 12233-1550. Contact: Administrative Law Judge (ALJ) P. Nicholas Garlick at (518) 402-9003.
  2. New York City Mayor's Office of Environmental Coordination, 100 Gold Street, 2nd Floor, New York, NY 10038. Contact: Daniel Avery at (212) 788-2928.
  3. Staten Island Borough President's Office, Borough Hall, Staten Island, NY 10301. Contact: Nicholas Dmytryszyn, Director of Environment at (718) 816-2057.
  4. Staten Island Community Board No. 3, 655-218 Rossville Avenue, Staten Island, NY 10301 Contact: Marie Bodnar, District Manager at (718) 356-7900.
  5. The administrative record of the NYCDOS is available for viewing at the New York City Department of Sanitation, Bureau of Legal Affairs, 125 Worth Street, Room 708, New York, NY 10013. Contact: John J. Strauss, Director of Environmental Review at (212) 788-3885.
  6. The administrative record of the NYSDEC is available for viewing at the N.Y.S. Department of Environmental Conservation, 47-40 21st Street, Long Island City, NY 11101-5407. Contact: Kathryn D. McGuckin at 718-482-4078.

All SEQRA & CEQR records are on file with the co-lead agencies, NYCDOS and NYSDEC. Please make requests for reviewing records with the appropriate contact person, prior to arrival, between the hours of 9:00 AM and 4:00 PM, weekdays excluding holidays.

JOINT LEGISLATIVE HEARING: Pursuant to 6 NYCRR 624.4(a), a NYSDEC Administrative Law Judge ("ALJ") will conduct a legislative hearing on the project application at 7:00 P.M. on Wednesday, 22 August 2001 in Columbus Hall at Knights of Columbus, 100 Kreischer St. Staten Island, NY 10309. This hearing will be conducted jointly as a public hearing on the DEIS by the NYCDOS as a co-lead agency pursuant to §6-10 of CEQR. The hearing will afford interested members of the public an opportunity to submit unsworn statements to NYSDEC about all aspects of the permit, and to the NYCDOS & NYSDEC about the DEIS.

While it is not necessary to file in advance to speak at the legislative hearing, lengthy comments should be submitted in writing at the hearing and summarized orally. The assigned NYSDEC ALJ may restrict speakers to 5 minutes each, to ensure that all speakers have an opportunity to be heard. 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 assigned ALJ (named below) at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act.

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 them so that they are postmarked no later than 01 September 2001. Address comments for NYSDEC to P. Nicholas Garlick, Administrative Law Judge, N.Y.S. Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, New York, 12233-1550. Address comments for the NYCDOS to John J. Strauss, Director of Environmental Review, New York City Department of Sanitation, 125 Worth Street, Room 708, New York, NY 10013. Written comments shall be considered equally with oral comments made at the legislative hearing.

ISSUES CONFERENCE: Pursuant to 6 NYCRR 624.4(b), a NYSDEC issues conference will begin at 10:00 a.m. on Thursday, 23 August 2001, in Columbus Hall Columbus Hall at Knights of Columbus, 100 Kreischer St. Staten Island, NY 10309.

The issues conference will be held to determine party status for any person who has properly filed (as indicated below) and to narrow and define those issues, if any, which will require adjudication concerning the permit applications that are pending before NYSDEC. Participation at the issues conference shall be limited to NYSDEC Staff, NYCDOS Staff, the Applicant, and those persons requesting party status. Following the issues conference, the participants will be advised of the ALJ's rulings on party status and issues and if an adjudicatory hearing will be scheduled. The ALJ's determination whether to conduct an adjudicatory hearing shall be based on whether issues proposed at the conference are substantive and significant, in accordance with 6 NYCRR 624.4(c). Only those persons granted party status may participate in the adjudicatory phase of the hearing, if one is necessary. If there are no filings for party status, or if any filed objections are withdrawn and all issues are satisfactorily resolved, the issues conference will be canceled.

FILINGS FOR PARTY STATUS AND PROPOSED ISSUES: Party status to participate in the issues conference and any subsequent adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status pursuant to 6 NYCRR 624.5 and 6 NYCRR 624.4(c). Mere opposition to the project is not a sufficient basis to be granted party status. A petition must fully identify the proposed party and the name(s) of the person or persons who will represent the party, the petitioner's environmental interest in the proceeding, any interest relating to statutes administered by NYSDEC that are relevant to the project, whether the petition is for full party or amicus status, and the precise grounds for opposition or support. If a petitioner seeks full party status, the petition must identify an issue for adjudication which could result in permit denial, major modification of the project or the imposition of significant permit conditions in addition to those proposed in NYSDEC staff's draft permits. Petitioners must identify specific legal requirements which they assert will not be met and fully set forth the reasons for their conclusions. Also, petitioners must identify the witnesses they would present at an adjudicatory hearing and the nature of the evidence each witness would present. If a petitioner intends to rely upon expert testimony, the petitioner must identify the name of each expert, that person's qualifications, a summary of the subject matter on which the expert is offered, and a summary of the expert's opinions as well as the facts upon which the opinions are based. If a petitioner seeks amicus status, the petition must identify the nature of the legal or policy issue(s) to be briefed which meet the criteria set forth in 6 NYCRR 624.4(c), and provide a statement explaining why the petitioner is in a special position with respect to the identified issue(s). Persons having similar interests are encouraged to consolidate their filings.

ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE AT THE ADJUDICATORY HEARING MUST BE RECEIVED AT NYSDEC'S OFFICE OF HEARINGS AND MEDIATION SERVICES NO LATER THAN 2:00 P.M., On Friday, 17 August 2001. SUCH FILINGS SHALL BE SUBMITTED TO P. Nicholas Garlick, ADMINISTRATIVE LAW JUDGE, N.Y.S. DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OFFICE OF HEARINGS AND MEDIATION SERVICES, 625 BROADWAY, ALBANY, NEW YORK, 12233-1550.

At the same time and in the same manner that filings are made to ALJ P. Nicholas Garlick a copy of the filing must be sent to the Applicant c/o Andrea Schaffer, Strategic Urban Solutions, Inc., 335 Adams Street, Suite 2700, Brooklyn, N.Y. 11201, and to NYSDEC Staff's attorney, Louis Oliva at the Region 2 office of the N.Y.S. Department of Environmental Conservation, 47-40 21st Street, Long Island City, New York 11101-5407. Electronic filings will not be accepted. Questions about filing and other hearing procedures should be directed to ALJ P. Nicholas Garlick at (518) 402-9003.

Daniel E. Louis
Assistant Commissioner for Hearings
New York State Department of Environmental Conservation

John J. Strauss
Director of Environmental Review
NYC Department of Sanitation

July 18, 2001

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