August 2, 2004
Department of Environmental Conservation
Combined Notice of Complete Application and
Acceptance of Draft Environmental Impact Statement,
Notice of Public Comment Period and
Notice of Legislative/SEQRA Hearing
APPLICANT: Marbil Corp. (Mario Milano), Box 459 Route 208, New Paltz, N.Y. 12561
PROJECT: Marbil Corp. Mine
LOCATION: Southwest of the intersection of Denniston Road with NYS Route 208, Town of Shawangunk, Ulster County
DEC APPLICATION NUMBER: 3-5152-00157/0001
PROJECT DESCRIPTION: Marbil Corp. proposes to mine sand and gravel from 26.5 acres out of a total site of 39 +/- acres (with the remaining acreage acting as a buffer). The maximum depth of excavating is 25 feet and the total volume to be excavated over an estimated 15-year period is 425,000 cubic yards. Mining and reclamation would occur in three phases, thus affecting a maximum of 10.5 acres at any given time (Phase I). A dry screen is proposed to be used to screen and sort the minerals.
The site has 760 feet of frontage on NYS Route 208 with direct access proposed pending DOT approval. The site is predominantly in agricultural use (hay and corn) and the reclamation objective is to return the site to full agricultural use, temporarily storing topsoil in screening berms.
PERMITS REQUESTED: Applicant is requesting a mined land reclamation permit pursuant to Environmental Conservation Law (ECL) article 23, title 27. In addition, the project must also comply with the Department's "General" SPDES permit for stormwater discharges associated with industrial activity. The General SPDES permit is authorized pursuant to ECL article 17, titles 7 and 8.
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA): Under the State Environmental Quality Review Act (SEQRA), the project is classified as a Type I Action with Region 3 Staff of the Department of Environmental Conservation (Department Staff) designated as the lead agency. Department Staff determined that the project may have a significant effect on the environment. A public scoping session was held in the Town of Shawangunk Town Hall on November 1, 2000. Subsequently, a draft environmental impact statement (DEIS) was prepared, and Department Staff has accepted it as complete.
STATE HISTORIC PRESERVATION ACT (SHPA) DETERMINATION: A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. No further review in accordance with SHPA is required.
NOTICE OF COMPLETE APPLICATION: Department Staff has determined that the permit application is complete for the purpose of commencing review. This does not prevent Department Staff from requiring supplementation during the course of review in order to enable it to make findings and determinations that are required by law.
SEQRA/LEGISLATIVE HEARING: Pursuant to 6 NYCRR 617.9(a)(4) and 621, a combined SEQRA and Department legislative hearing session on the DEIS and the application materials will be held before Administrative Law Judge (ALJ) Daniel P. O'Connell to receive unsworn statements from the public at 7:00 p.m. on September 21, 2004 at the Wallkill Fire Hall, 16 Central Avenue, Wallkill, New York. All persons, organizations, corporations or government agencies which may be affected by the proposed mine are invited to attend the hearing and to submit oral or written comments. Although it is not necessary to file in advance to speak at the hearing, lengthy comments should be submitted in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker as necessary to afford all attendees an opportunity to be heard.
The hearing location is fully accessible to persons with mobility impairments. Interpreter services will be made available to deaf persons at no charge upon written request to the ALJ at least 10 days prior to the hearing.
In addition to, or in lieu of, oral statements, written comments on the DEIS and application materials may be mailed to ALJ O'Connell at the Department's Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550. Written comments will be considered equally with oral statements. Written comments must be postmarked by October 1, 2004.
Upon review of all oral statements and any duly filed written comments, Department Staff will determine whether additional hearings about Applicant's proposal will be necessary.
STATUTORY AND REGULATORY PROVISIONS: This application is being processed pursuant to ECL article 3, title 3 (General Functions), article 8 (State Environmental Quality Review Act), article 17 (Water Pollution Control) and article 23 (Mineral Resources), article 70 (Uniform Procedures Act), and also pursuant to 6 NYCRR parts 420 to 425 (Mineral Resource), part 617 (State Environmental Quality Review), and part 621 (Uniform Procedures).
DOCUMENT AVAILABILITY: The application materials and the DEIS are available for public review at the Department's Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561-1620, during normal business hours between 8:30 AM and 4:45 PM, Monday through Friday, contact: Brenda Bubenicek at (845) 256-3021. In addition, these documents are also available for review at the Wallkill Public Library (adjacent to the Town of Shawangunk Town Hall), Wallkill Avenue, Wallkill, New York. Telephone: (845) 895-3707. Comments will be reviewed and considered for response in a forthcoming Final Environmental Impact Statement.
Dated: Albany, New York
August 2, 2004