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Metro Recycling & Crushing, Inc. (Issues Conference)

February 19, 2003

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF ISSUES CONFERENCE

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: Region 3 Staff of the Department of Environmental Conservation ("DEC" or 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.

Issues Conference: A pre-adjudicatory hearing issues conference will be held on Tuesday, March 25, 2003 at 9:30 a.m. at Accord Fire District Company No. 1, 22 Main Street, Accord, New York 12404, telephone number (845) 626-3707, and will continue on succeeding days as necessary. The purpose of the issues conference will be to define, narrow, and resolve, if possible, the issues which may be raised concerning this application. Participation at the issues conference will be limited to the Department Staff, the Applicant, and those persons requesting party status pursuant to 6 NYCRR Sections 624.4 and 624.5 in advance of the issues conference.

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.

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. If necessary, an adjudicatory hearing will be scheduled following the issues conference.

Filing for Party Status and Proposed Issues: To participate at the issues conference, potential parties must file a written petition requesting party status. The petition must satisfy the requirements provided for in 6 NYCRR Sections 624.4(c) and 624.5(b). Any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the proposed party's representative(s), the proposed party's environmental interests, the statutory considerations relevant to the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status.

If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project, or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements which may not be met, and explain why those requirements may not be met. If a proposed party intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments and documentary evidence that the proposed party intends to present at the hearing, and the grounds upon which the assertions are based regarding the proposed issues.

For amicus status, the filing must identify the nature of the legal or policy issues to be briefed, and provide a statement explaining why a proposed amicus is in a special position with respect to those issues, as required by 6 NYCRR Section 624.5(b)(3).

Persons having similar interests of concern are encouraged to file as a consolidated party.

All petitions requesting either full party or amicus status must be received at the Department's Office of Hearings and Mediation Services by 4:00 p.m. on Tuesday, March 18, 2003. Such filings must be submitted to the following: Maria E. Villa, Administrative Law Judge, NYS Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York, 12233-1550, and to: Jonah Triebwasser, Esq., Deputy Regional Attorney, New York State Department of Environmental Conservation, Region 3, 21 South Putt Corners Road, New Paltz, New York 12561-1696; counsel for the applicant, Rosemary Stack, Esq., 5110 Velasko Road, Suite 2000, Syracuse, New York 13215; and counsel for the Rochester Residents Association, Inc., George Rodenhausen, Esq., Rapport Meyers Whitbeck Shaw & Rodenhausen LLP, 110 Main Street, Poughkeepsie, New York 12601. Electronic filings and service by telefacsimile will NOT be accepted.

Prior Legislative Public Hearing: In accordance with the provisions of 6 NYCRR Parts 617, 621, and 624, a legislative public statement hearing was 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. The time to receive written comments on the application closed on July 1, 2002. This notice provides for an extension of the written comment period. Please be advised that any further written comments will be added to the transcript of the proceedings of the aforementioned legislative public hearing held on June 19, 2002, and all written comments submitted through July 1, 2002. Accordingly, if you spoke at the hearing held on June 19, 2002, or submitted written comments during the previous comment period, it is not necessary to submit any further written comments.

Address written 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. Written comments must be postmarked no later than March 25, 2003. Written comments will also be accepted by the Administrative Law Judge at the issues conference on March 25, 2003.

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).

Jo Anne W. Di Stefano
Assistant Commissioner for Hearings

Albany, New York
February 19, 2003

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