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Jointa Galusha, LLC (Supplemental - June 2001)

June 7, 2001

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SUPPLEMENTAL NOTICE OF COMPLETE APPLICATION
AND NOTICE OF PUBLIC HEARING AND
NOTICE OF EXTENSION OF COMMENT PERIOD ON DRAFT ENVIRONMENTAL IMPACT STATEMENT
DEC Project #5-5338-00009/00001

This is a supplemental notice pertaining to DEC Project #5-5338-00009/00001. This notice supplements earlier notices that appeared in the Environmental Notice Bulletin on November 29, 2000, December 6, 2000, January 24, 2001 and February 7, 2001 and in the Glens Falls Post Star on December 2, 2000, January 25, 2001 and February 12, 2001.

A Notice of Complete Application for this project was first published in the Environmental Notice Bulletin on November 29, 2000 and in The Glens Falls Post Star newspaper on December 2, 2000.

APPLICANT: Jointa Galusha L.L.C.("Jointa" or "Applicant"), 203 Warren Street (formerly 209 Warren Street), P.O. Box 302 (formerly Box 536), Glens Falls, NY 12801. (DEC Application #5-5338-00009/00001)

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

PROJECT DESCRIPTION and LOCATION: The Applicant seeks permission to substantially expand mining operations by developing a 190 acre rock quarrying and processing facility (Smiths Basin Mine Site) on a 1300 acre site 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 (round trips) per day initially, 100-200 truck trips (round 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 mile east of the Champlain Canal entirely within the Town of Hartford, Washington County.

PERMITS: The Applicant has applied to NYSDEC for the following permits: a Mined Land Reclamation permit, a Freshwater Wetlands permit, a Water Quality Certification, a State Pollutant Discharge Elimination System permit and an Air Pollution Control permit. Applications for these permits were originally deemed complete by NYSDEC on November 22, 2000.

In the original public notice, the project was described as requiring a Mined Land Reclamation (MLR) permit to mine and reclaim the site pursuant to Environmental Conservation Law (ECL) Article 23, Title 27 and its implementing regulations [Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") Parts 420-426], a State Pollutant Discharge Elimination System ("SPDES") permit for the discharge of storm water and groundwater from the quarry area pursuant to ECL Article 17 and its implementing regulations (6 NYCRR Parts 750-758), an Air Pollution Control ("APC" or "Air State Facility") permit for the operation of sources of air contamination pursuant to ECL Article 19 and its implementing regulations (6 NYCRR Parts 200 et seq) and a Freshwater Wetlands ("FWW") permit for construction of a portion of the access road pursuant to ECL Article 24 and its implementing regulations (6 NYCRR Part 663). The purpose of this notice is to correct defects and/or supplement the original and subsequent notices and to provide an additional period of time for public comment on the SPDES application, APC application, FWW application, Water Quality Certification ("WQC") application and the Draft Environmental Impact Statement ("DEIS").

Regarding the SPDES application, NYSDEC staff received, among other applications, a SPDES permit application from Jointa on August 15, 2000. The application was signed by Jointa on August 15, 2000. At the time of the earlier notices, NYSDEC staff anticipated the SPDES discharge would be authorized with the SPDES General Permit for Storm Water Discharges Associated with Industrial Activity except Construction Activity (Permit No. GP-98-03). Staff has since determined that SPDES General Permit No. GP-98-03 does not apply and that Jointa's SPDES permit application is for a federally delegated permit. The earlier public notices are therefore deficient with regard to the treatment of the SPDES permit application. As a result, NYS DEC has prepared a draft permit and fact sheet and made a tentative determination to issue a SPDES permit to Jointa for the discharge of storm water and groundwater from the proposed quarry area. The discharge volume will vary over the 5 year term of the permit but will not exceed 440,000 gallons per day (approximately 300 gallons per minute). The average daily discharge of Total Suspended Solids will range between 0 and 110 pounds/day and will vary depending on precipitation as well as the land area and land volume affected by mining. Combined storm water and groundwater will be discharged from the proposed quarry area via two outfalls. Jointa's outfall 001 will discharge to state designated wetland FA-1 and to federal wetland areas "I" and "A" as these areas are delineated in Jointa's application for permits. Both wetland areas discharge to an unnamed drainage course that is a tributary of Big Creek, a class "D" waterbody (6 NYCRR 701.9). (Best usage of class D waters is fishing. They should be suitable for fish survival and, to a limited extent, primary and secondary contact recreation.) Jointa's outfall 002 will discharge to an unnamed drainage course that is a tributary of the Champlain Canal, a class "C" waterbody (6 NYCRR 701.8). (Best usage of class C waters is fishing. They should be suitable for fish propagation and survival and, to a limited extent, primary and secondary contact recreation.) The water quality standards and effluent standards and limitations applicable to the discharges are contained in 6 NYCRR Parts 700-706 and summarized in the SPDES Permit Fact Sheet referenced below. A priority ranking score, priority ranking fact sheet and worksheet have not been prepared by NYS DEC because the discharges are proposed and no final SPDES permit currently exists.

Regarding the APC application, NYSDEC staff received the application from Jointa on August 15, 2000 that was signed by Jointa that date. Earlier notices referred to the need for an APC permit, but did not identify it as an Air State Facility permit and did not describe specific limitations ("emissions cap") that will be included within the APC permit to obviate Jointa's requirement to obtain a permit pursuant to Title V of the Clean Air Act Amendments of 1990 (CAAA). Public notice and opportunity for public comment are required for permits involving emissions caps. Based on a review of Jointa's application, the NYSDEC has made a tentative determination to issue an Air State Facility permit and has prepared a draft Air State Facility permit for the proposed mine. Consistent with Jointa's request, the draft permit limits non-exempt emissions of oxides of nitrogen (NOx) to a maximum of 98 tons per year. (The potential to emit for exempt NOx sources is less than 2 tons/year.) With this emissions cap, the Jointa facility is not subject to (i.e. is "capped out of") the permit requirements of Title V of the CAAA. (For regulatory requirements, see 6 NYCRR Parts 200-206). Because NOx emissions are capped below major source levels, New Source Review (6 NYCRR Part 231 and 40 CFR 52.21) does not apply.

The original FWW application was received by NYSDEC on August 15, 2000. The application was for a permit to cross wetland area "A", as this area is defined in the application, at two locations with an access road. After publication of the original notice, Department staff determined the two road crossing locations to be not subject to NYSDEC jurisdiction pursuant to ECL Article 24. As a result, the Supplemental Notice published in late January, 2001 (referenced above) to extend the deadline for public comment also deleted the reference to the FWW permit. Jointa subsequently advised staff that the Wetland Mitigation Area, as proposed, would impact the adjacent area of FWW FA-1. Thereafter, on February 7, 2001, Jointa filed a revised FWW permit application that addressed the Wetland Mitigation Area. This led to publication of a Supplemental Notice in February, 2001 (referenced above). Because the notice was published late in the public comment period that extended from November 29, 2000 to March 2, 2001, NYSDEC will take this opportunity to provide for an additional comment period on the revised FWW application. Jointa's request for Water Quality Certification pursuant to Section 401 of the Federal Clean Water Act (CWA) for a U. S. Army Corps of Engineers wetlands fill permit pursuant to Section 404 of the CWA (33 USC 1341,1344) is incorporated within its revised application for a FWW permit. Therefore, NYS DEC will also take this opportunity to supplement earlier notices by noting that a WQC is required. Accordingly, instead of applying for a state FWW permit for crossing wetland "A", Jointa has applied for a permit to construct an 8 acre Wetland Mitigation Area in and adjacent to regulated FWW FA-1 (class III) and seeks Water Quality Certification pursuant to Section 401 of the CWA for the U.S. Army Corps of Engineers wetlands fill permit pursuant to section 404 of the CWA for the access road crossings and for the elimination of wetland "J" as described in the revised application.

SEQRA STATUS: Pursuant to 6 NYCRR Part 617 of the implementing regulations for ECL Article 8 (State Environmental Quality Review Act - "SEQRA"), NYSDEC, as Lead Agency, determined that the mining project is a Type I action that may have significant impact on the environment and issued a SEQRA Positive Declaration on April 6, 2000 and required preparation of a DEIS. On November 22, 2000, NYSDEC accepted the DEIS for the proposed mining project. 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.

DOCUMENT AVAILABILITY: Copies of the permit applications, draft permits, SPDES Permit Fact Sheet, description of the SPDES permit priority ranking system, and associated documents including the DEIS, are available for inspection at the following locations:

  1. NYS DEC Office of Hearings and Mediation Services, 50 Wolf Road, Room 423, Albany, NY 12233-1550, telephone (518) 457- 3468 through July 13, 2001 and NYSDEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550, telephone (518) 402-9003 after July 13, 2001.
  2. NYS DEC Region 5 Sub-Office, 232 Hudson Street, Warrensburg, NY 12885. Contact: Thomas W. 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. Note:This location is only open through June 22, 2001.

In addition, copies of these documents may be obtained by contacting Thomas W. Hall, Permit Administrator, NYS DEC Region 5, Box 220 Warrensburg, NY 12885, telephone # (518) 623-1281.

PUBLIC COMMENT PERIOD: Comments are requested and will be accepted until Thursday, July 26, 2001 on the following documents: SPDES permit application, draft SPDES permit, SPDES Permit Fact Sheet, Air State Facility permit application, draft Air State Facility permit, FWW/WQC application and revision, draft FWW permit, draft WQC, and associated documents including the DEIS. Comments should be sent to: Thomas W. Hall, Region 5 Permit Administrator, NYS DEC Region 5, Box 220 Warrensburg, NY 12885. At the conclusion of the comment period, NYSDEC will review all comments received.

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: Pursuant to 6 NYCRR Parts 621 and 624, a legislative hearing to receive comments on the documents described above under the section entitled PUBLIC COMMENT PERIOD will be held on Monday, July 16, 2001 at 7:00 p.m. at the Hartford Town Hall located at 165 County Route 23 (Main Street) in the hamlet of Hartford, New York. To date, interested parties have expressed concerns relating to groundwater and surface water impacts as well as other impacts including wetlands, wildlife, noise, traffic, community character, visual resources and cultural resources. 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 documents described above under the section entitled PUBLIC COMMENT PERIOD. 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. At the conclusion of the comment period, NYSDEC will review all statements and comments received. A prior legislative hearing regarding this project occurred on January 17, 2001 and statements made at this and the July 16, 2001 legislative hearings will be combined into a single legislative hearing record.

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

ISSUES CONFERENCE: Pursuant to 6 NYCRR Part 624, the pre-adjudicatory hearing Issues Conference which commenced on March 27 and 28, 2001 will be reconvened, if necessary, to consider any issues related to the SPDES permit application and draft SPDES permit, Air State Facility permit application and draft Air State Facility permit including the emissions cap, Freshwater Wetlands/WQC application, draft Freshwater Wetlands permit and draft WQC, and associated documents including the DEIS. The reconvened pre-adjudicatory hearing Issues Conference will be held, if necessary, on Wednesday, August 1, 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, if held, will be to define, narrow and resolve, if possible, the issues concerning the SPDES, Air State Facility, FWW/WQC applications, and associated documents including the DEIS, 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. The Issues Conference record will remain open pending completion of the comment period, legislative hearing, and any reconvened Issues Conference that may be required.

FILING FOR PARTY STATUS: Party status to participate at the Issues Conference and at any subsequent adjudicatory hearing, if required, 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 6NYCRR 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 6NYCRR 624.5(b) identifying the precise grounds for opposition to, or support of, the SPDES, Air State Facility and/or FWW/WQC applications, and/or associated documents including the DEIS. 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 6NYCRR 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 6NYCRR 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 FRIDAY, JULY 27, 2001. ALL SUCH FILINGS MUST BE SUBMITTED TO: P. NICHOLAS GARLICK, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ("NYSDEC"), OFFICE OF HEARINGS AND MEDIATION SERVICES ("OHMS"), ROOM 423, 50 WOLF ROAD, ALBANY, NEW YORK 12233-1550; TELEPHONE (518) 457-3468 THROUGH JULY 13, 2001 AND P. NICHOLAS GARLICK, ADMINISTRATIVE LAW JUDGE, NYSDEC, OHMS, 625 BROADWAY, 1ST FLOOR, ALBANY, NY 12233-1550; TELEPHONE (518) 402-9003 AFTER JULY 13, 2001. ELECTRONIC FILING 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, to George Rodenhausen, Esq., 110 Main Street, Poughkeepsie, NY 12601 and to John Caffry, Esq., 100 Bay Street, Glens Falls, NY 12801.

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). Navigation Law Article 12.

Regulatory Provisions. Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Parts 200, et seq (Air Pollution Control); Parts 420-426 (Mined Land Reclamation); Part 608 (Water Quality Certification, per Section 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); Parts 700-706 (Classifications and Standards of Quality and Purity); 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.

SUMMARY OF IMPORTANT DATES
Date Event
July 16, 2001 Legislative Hearing
July 26, 2001 Close of the Public Comment Period
July 27, 2001 Deadline for Filing for Party Status
August 1, 2001 Reconvene Issues Conference, if necessary
Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
June 7, 2001

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