Department of Environmental Conservation

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Metro Recycling & Crushing, Inc.

May 8, 2002


Applicant: Mark Servidone, President, Metro Recycling & Crushing, Inc., 1364 Route 9, Castleton, New York 12033.

Project Application No.: 3-5144-00065/00001.

Project Description and Location: The applicant proposes to operate a portable jaw crusher with a maximum material processing capacity of 400 tons per hour at an existing 20.5 "life of mine" acre sand and gravel mine. Material processing (screening and crushing) was previously authorized, but using a smaller crusher. The site, known as "Rock Mountain Farms" is northeast of Queens Highway between Boodle Hole Road and Roberts Drive in the Town of Rochester, Ulster County.

Permit: Environmental Conservation Law ("ECL") Article 23, Title 27, Mined Land Reclamation (modification); Title 6 of the Official Compilation of Codes, Rules and Regulations ("6 NYCRR") Part 420; and ECL Article 19, Air State Facility, and 6 NYCRR Part 201-5.

SEQRA Status: The Department has determined that the project will not have a significant impact on the environment. A Negative Declaration was issued December 15, 2000, with the New York State Department of Environmental Conservation acting as lead agency.

Legislative Public Hearing: In accordance with the provisions of 6 NYCRR Parts 617, 621, and 624, a legislative public statement hearing will be held to receive unsworn statements from the public on the application, on Wednesday, June 19, 2002 at 7:00 p.m. at the Rochester Fire House, 22 Main Street, Accord, New York, telephone number 845-626-3707. 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. It is not necessary to file in advance to speak at the legislative hearing. Lengthy statements should be submitted in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. The hearing location is fully accessible to persons with a mobility impairment. Pursuant to the State Administrative Procedures Act ("SAPA"), interpreter services shall be made available to deaf persons, at no charge, upon written request to the Administrative Law Judge, at the address below, at least ten days prior to the hearing.

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 those comments so that they are postmarked prior to July 1, 2002. Address comments to Maria E. Villa, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550. As noted above, written comments will be given equal weight with oral comments made at the legislative hearing. Department Staff will determine if any oral or written comments raise potentially adjudicable issues; thus, further proceedings may be required.

COMMENT PERIOD: The comment period for this application and revised draft permit ends on July 1, 2002.

Statutory and Regulatory Provisions: Environmental Conservation Law Article 1 ("General Provisions"); Article 3, Title 3 ("General Functions"); Article 8 ("Environmental Quality Review"); Article 19 ("Air Pollution Control"); Article 23, Title 27 ("Mined Land Reclamation"); Article 70 ("Uniform Procedures"); 6 NYCRR Part 201-5 ("State Facility Permits"); Parts 420-426 ("Mined Land Reclamation"); Part 621 ("Uniform Procedures"); and Part 624 ("Permit Hearing Procedures").

Document Availability: Project information is available for review at the Department's Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550 (telephone 518-402-9003) (contact Administrative Law Judge Maria Villa), and at the Department's Region 3 Headquarters at 21 South Putt Corners Road, New Paltz, New York 12561-1696, telephone number 845-256-3041 (contact Lawrence G. Biegel, Environmental Analyst I).

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
May 8, 2002

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