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Pompa Bros. Inc.

August 20, 2003

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

APPLICANT: Pompa Bros Inc., PO Box 561, Ballston Spa, NY 12020 -0561

FACILITY: Pompa Bros Coy Road Pit, Coy Rd, Middle Grove, NY 12850

APPLICATION No.5-4134-00003/00001

PROJECT DESCRIPTION: The permittee is proposing a modification to the existing mining permit to allow for the extraction of bedrock from an 18.4 acre section of the previously permitted 453 acre life of mine. The method of extraction proposed will include standard drilling and blasting to create properly sized material that can then be transported to the existing processing plant. This material will then be crushed and screened to create aggregate for use at the existing Pompa facility in Milton.

STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR): Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file. NYS Department of Environmental Conservation is lead agency.

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 (OPRHP) 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.

PUBLIC HEARING: A Legislative Hearing for receipt of public comments on the application will be held at 7:00 P.M. on September 11, 2003 at Greenfield Community Center, 7 Wilton Road, Greenfield Center, NY 12833.

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 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 Charles B Gardner at (518) 402-9167, Town Hall, 7 Wilton Road, Greenfield Center, NY 12833: Contact Town Clerk at (518) 893-7432

WRITTEN COMMENTS: Written comments may be submitted at the hearing, or may be mailed to Mr. Gardner at the address identified above no later than September 26, 2003.

STATUTORY and REGULATORY PROVISIONS: The permit applications are being reviewed pursuant to ECL Article 8 & 6 NYCRR Part 617 (SEQR); Article 17, Titles 7 & 8 & 6 NYCRR Part 750 et. seq. (SPDES); ECL Article 70 (Uniform Procedures Act); and 6 NYCRR Part 621 (Uniform Procedures).

Albany, New York
August 20, 2003

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