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Marion River Carry Railroad Company, Inc.

September 13, 2004

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF LEGISLATIVE PUBLIC HEARING
PURSUANT TO 6 NYCRR PART 621

APPLICANT: Marion River Carry Railroad Co., Inc.
P.O. Box 100
Raquette Lake, NY 13436-0100

FACILITY: Marion River Co., Inc -- POHL Pit 1
Off NYS Rt 28, North of Utowana Dam
Indian Lake, NY 12842

APPLICATION No. 5-2026-00115/00001

PROJECT DESCRIPTION: The applicant proposes to operate a new sand and gravel mine, encompassing a total life of mine area of 11.2 acres. The site, part of a larger parcel owned by Dean Pohl, is located on the north side of Route 28, approximately 2,000 feet north of the Utowana Lake dam. The mine will be operated in phases, over a 30-year period, with 3.69 acres being affected during the first 5-year term. An average of 5,000 to 10,000 cubic yards of material will be removed annually. Concurrent reclamation will occur, with final reclamation including grading to proper slopes, application of top soil, fertilizer, seed, and mulch. The final objective at the end of mining operations is to reclaim the site to field conditions. A permit is also required from the Adirondack Park Agency (APA Project No. 2001-135).

STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR): Project is not subject to SEQR because it is a Type II action.

STATE HISTORIC PRESERVATION ACT (SHPA) Determination: The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

PUBLIC HEARING: A legislative hearing for receipt of public comments on the application will be held at 7:00 P.M. on October 5, 2004 at the Raquette Lake Union Free School, Route 28, Raquette Lake, NY 13436; (315) 354-4733. All persons, organizations, corporations, or government agencies who may be affected by issuance of the permit are invited to attend the hearing and to submit oral or written comments on the application. It is not necessary to file in advance to speak at the hearing. Lengthy comments should be submitted in writing. Equal weight will be given to both oral and written statements. The Administrative Law Judge ("ALJ") may limit the time for oral comments to ensure that all have an opportunity to be heard. The hearing site is reasonably accessible to the mobility impaired.

DOCUMENT AVAILABILITY: Persons wishing to inspect the application and the draft permit should contact the DEC representative listed below for review during business hours (Monday through Friday, 9:00 A.M. - 4:00 P.M.). An appointment is recommended to assure file documents are available. The documents are available at the following locations:

NYSDEC Headquarters, 625 Broadway, Albany, NY 12233: Contact ALJ P. Nicholas Garlick at (518) 402-9003. NYSDEC Region 5 Office, Rt. 86, Ray Brook, NY 12977: Contact Denise Wagner at (518)897-1234

WRITTEN COMMENTS: Written comments may be submitted at the hearing, or may be mailed to Denise Wagner at the address identified above no later than October 22, 2004.

STATUTORY and REGULATORY PROVISIONS: The permit applications are being reviewed pursuant to ECL Article 23, Titles 27 & 6 NYCRR Part 420 et seq. (Mined Land Reclamation); ECL Article 70 (Uniform Procedures Act); and 6 NYCRR Part 621 (Uniform Procedures).

Albany, New York
September 13, 2004

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