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Jointa Galusha, LLC

November 29, 2000

DEC Project #5-5338-00009/00001

APPLICANT: Jointa Galusha L.L.C. ("Jointa"), 209 Warren Street, P.O. Box 536, Glens Falls, NY 12801 (DEC Application # 5-5338-00009/00001).

TITLE OF ACTION: Smiths Basin Mine Site by Jointa Galusha, LLC.

PROJECT and LOCATION: The Applicant seeks permission to expand mining operations to include a 190 acre rock quarrying site on a 1300 acre parcel of land owned or controlled entirely by Jointa. Mining has occurred at the site but because less than 1,000 tons per year have been removed, the mine has not been regulated by the New York State Department of Environmental Conservation ("NYSDEC"). The new mine would include aggregate processing operations such as crushing and screening. A new access road will be constructed from NYS Route 149 to the mine site. Once operational, the mine would result in an estimated 30-50 truck trips per day initially, 100-200 truck trips per day upon completion of construction of the stationary processing facility.

The mining of consolidated rock would occur in a series of benches that would require the rock face to be drilled and blasted. Each bench would average approximately 50 feet in height. The mining operation would have an anticipated life of 50-100 years. Upon cessation of mining, the majority of the mine site will be reclaimed as a 170+ acre lake surrounded by vegetated uplands and re-vegetated benches.

The Mine Site is located approximately 3/4 of a mile north of NYS Route 149, 3/4 of a mile south of Baldwin Corners Road and 3/4 of a mile east of the Champlain Canal entirely within the Town of Hartford, Washington County.

PERMITS: In addition to a Mined Land Reclamation permit, the project will require a Freshwater Wetlands permit for construction of a portion of the access road, a State Pollutant Discharge Elimination System permit to discharge storm water and groundwater from the mine site and an Air Pollution Control permit for equipment associated with an aggregate processing facility. Applications for all these permits have been received and were deemed complete by NYSDEC on November 22, 2000. At the conclusion of the comment period, NYSDEC will review all comments received. Then, NYSDEC will prepare draft permits and make them available for public review. The draft permits may be inspected on or after February 20, 2001 at any of the locations listed in the Document Availability section, below.

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"), NYSDEC, as Lead Agency, determined the project may have significant impact on the environment on April 6, 2000 and required preparation of a Draft Environmental Impact Statement (DEIS). On November 22, 2000, NYSDEC accepted the DEIS for the project described above. Impacts discussed in the DEIS include potential groundwater contamination and/or disruption, loss of vegetative cover and displacement and/or loss of wildlife, noise impacts, dust impacts, visual impacts, impacts on cultural resources, impact on freshwater wetlands and impact on agricultural lands.

PUBLIC COMMENT PERIOD: Comments on the DEIS or application are requested and will be accepted until January 31, 2001. Comments should be sent to: Thomas W. Hall, Region 5 Permit Administrator, NYSDEC Region 5, Box 220, Warrensburg, NY 12885.

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 have an impact on registered or eligible archaeological sites or historic structures. The NYSDEC must consult further with OPRHP before making a final decision regarding issuance of the permits.

LEGISLATIVE HEARING: A legislative hearing to receive comment on the permit application and DEIS will be held on January 17, 2001 at 7:00 p.m. at the Hartford Central School located off NYS Route 40 in the hamlet of Hartford, New York. 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 on the application. Oral comments may be limited to five minutes in length by the Administrative Law Judge ("ALJ"). Equal weight will be given to both oral and written statements. Please note that it is not necessary to file a written request in advance to speak at the legislative hearing. Written statements regarding the permit applications and DEIS may also be filed with the ALJ at the legislative hearing.

This hearing location is reasonably accessible to persons with amobility impairment. Interpreter services shall also be made available to deaf persons, at no charge, upon written request to the Administrative Law Judge named below at least five (5) business days prior to the date of the legislative hearing, pursuant to SAPA §202(1).

ISSUES CONFERENCE: A pre-adjudicatory hearing Issues Conference will be held on March 6, 2001 at 10:00 a.m. at the Town of Hartford Town Hall located at 165 County Route 23 (Main Street). The purpose of the issues conference will be to define, narrow and resolve, if possible, the issues concerning the permitapplications which are raised by DEC or party status applicants as subjects for adjudication at any subsequent adjudicatory hearing sessions. 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: Party status to participate at the Issues Conference and at any subsequent adjudicatory hearing will be accorded only to those persons who can provide a clear demonstration that they have an adequate environmental interest and otherwise meet the requirements of 6 NYCRR 624.5(b) and 624.5(d). Mere support of or opposition to the permit application is not a sufficient basis to be granted party status. All persons desiring party status must file a written request pursuant to 6 NYCRR 624.5(b) identifying the precise grounds for opposition to, or support of, the permit application. Persons seeking full party status must present an offer of proof identifying their proposed witnesses, the nature of the evidence they expect to present and the grounds upon which their assertions are made, as required by 6 NYCRR 624.5(b)(2)(ii). Persons seeking amicus status must identify the nature of the legal or policy issues they would brief and explain why they are in a special position with respect to these issues, as required by 6 NYCRR 624.5(b)(3). Persons having similar interests are encouraged to file as a consolidated party. ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE AT THE ADJUDICATORY HEARING MUST BE RECEIVED AT THE OFFICE OF HEARINGS AND MEDIATION SERVICES NO LATER THAN 3:00 p.m. ON MARCH 2, 2001. ALL SUCH FILINGS SHOULD BE SUBMITTED TO: P. NICHOLAS GARLICK, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OFFICE OF HEARINGS AND MEDIATION SERVICES ("OHMS"), ROOM 423, 50 WOLF ROAD, ALBANY, NEW YORK 12233-1550; TELEPHONE (518) 457-3468. ELECTRONIC FILINGS WILL NOT BE ACCEPTED. All Petitioners must, in the same manner and at the same time as filed with OHMS, send a copy of their complete filing to Steven Brewer, Esq., Regional Attorney, NYSDEC Region 5, Route 86, Ray Brook, NY 12977 and to George Rodenhausen, Esq., 110 Main Street, Poughkeepsie, NY 12601.

DOCUMENT AVAILABILITY: The permit application including Draft EIS, the Permit Hearing Procedures and other documents associated with the application are available for public review at the following locations:

1. NYS DEC Office of Hearings and Mediation Services, 50 Wolf Road, Room 423, Albany, NY 12233-1550.

2. NYS DEC Region 5 Sub-Office, 220 Hudson Street, Warrensburg, NY 12885. Contact: Thomas Hall.

3. Hartford Town Hall, 165 County Route 23 (Main Street), Hartford, NY 12838. Contact: Town Clerk.

4. Kingsbury Town Hall, 210 Main Street, Hudson Falls, NY 12839. Contact: Town Clerk.

5. Hartford Central School, Route 40, Hartford, NY 12838. Contact: Main Office.

STATUTORY AND REGULATORY PROVISIONS: Statutory Provisions. Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 8 (Environmental Quality Review); Article 17 (Water Pollution Control); Article 19 (Air Pollution Control); Article 23, Title 27 (Mined Land Reclamation); Article 24 (Freshwater Wetlands); and, Article 70 (Uniform Procedures).

Regulatory Provisions. Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Parts 201, et seq. (Air Pollution Control); Parts 420-426 (Mined Land Reclamation); Part 608 (Water Quality Certification, per §401 of the Federal Clean Water Act); Parts 612-614 (Petroleum Bulk Storage); Part 617 (State Environmental Quality Review); Part 621 (Uniform Procedures); Part 624 (Permit Hearing Procedures); Part 663 (Freshwater Wetlands); and Parts 750-758 (State Pollutant Discharge Elimination System).

All persons having an interest in this Project are urged to attend the hearing or be represented either individually or collectively.


Date Events
January 17, 2001 Legislative Hearing
January 31, 2001 Close of Public Comment Period
February 20, 2001 Draft Permits Available
March 2, 2001 Deadline for Filing for Party Status
March 6, 2001 Issues Conference
Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
November 29, 2000

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