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Roanoke Sand & Gravel Corp.

December 23, 2005

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF PUBLIC LEGISLATIVE HEARING
AND
NOTICE OF COMPLETE APPLICATION

APPLICANT: ROANOKE SAND & GRAVEL CORP., 104 Rocky Point Road, Middle Island, New York 11953 1 [APPLICATION NO: 1-4722-00611/00005].

PROJECT DESCRIPTION: Application for renewal of an existing Mined Land Reclamation Permit. The Applicant proposes to continue the previously approved activity on the same site without material change.

But for the extensive public interest in the project, Regional NYSDEC Staff would be supporting issuance of the renewal. By letter dated October 2, 2003, the Town of Brookhaven Department of Law requested that NYSDEC modify the permit for this project pursuant to 6 NYCRR 621.14(a)(4), due to noise issues. In addition, Department Staff periodically has learned of noise complaints regarding the site. However, Department Staff has been unable to substantiate such complaints. By letter dated February 5, 2004, NYSDEC Staff declined to modify the permit.

PERMITS: Applicant has applied to the New York State Department of Environmental Conservation ("the Department") for renewal of a permit pursuant to Environmental Conservation Law ("ECL") Article 23, Title 27, to mine and process sand and gravel within a total area of 274 acres during the life of mine in accordance with the plans and reports specified in the current permit referenced herein below. During the new permit term, 66 new acres will be affected. Reclamation shall be undertaken sequentially as mining progresses. Since April 1, 1975, 18 acres have been approved by the Department as reclaimed. During the coming permit term, 12.69 acres are anticipated to be reclaimed.

TENTATIVE DETERMINATIONS: This notice is a notice of complete application. The Department has tentatively determined that the proposed project will meet applicable statutory and regulatory requirements.

STATE ENVIRONMENTAL QUALITY REVIEW ACT DETERMINATION: This permit renewal is not subject to New York State Environmental Quality Review Act ("SEQRA") review, pursuant to 6 NYCRR 617.5(c) (Type II action #26).

STATE HISTORIC PRESERVATION ACT ("SHPA") DETERMINATION: Because this application is for renewal of an existing permit, SHPA is not applicable.

COASTAL MANAGEMENT: This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

PUBLIC HEARING: All persons, organizations, corporations or government agencies which may be affected by the proposed Project are invited to comment on the application. A legislative hearing session on the application will be held to receive unsworn statements from the public at the TOWN OF BROOKHAVEN TOWN HALL AUDITORIUM, ONE INDEPENDENCE HILL (SECOND FLOOR), FARMINGVILLE, NEW YORK 11738, ON FEBRUARY 2, 2006, BEGINNING AT 7:00 P.M. All persons, organizations, corporations or government agencies who may be affected by the proposed Project are invited to attend the legislative hearing and to submit oral comments on the application. No prior filing is required to participate. However, the ALJ may restrict the time available to 5 minutes for each person, to ensure that all persons will have an opportunity to be heard. It is recommended that lengthy comments be submitted in writing at the hearing. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons, at no charge, upon written request to: Kevin J. Casutto, 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, at least seven (7) business days prior to the hearing.

WRITTEN PUBLIC COMMENTS: Written comments on this project may also be filed with the Department. Written comments must be postmarked by February 2, 2006, and must be addressed to: Roger Evans, Deputy Regional Permit Administrator, NYSDEC Region 1 Headquarters, Loop Road, Building 40, SUNY @ Stony Brook Campus, Stony Brook, New York 11790 (Tel: 631-444-0365). Equal weight will be given to both oral and written comments.

DOCUMENT AVAILABILITY: The permit renewal application, current permit and related documents are available for public review at the following locations:

1. Town of Brookhaven Town Hall, One Independence Hill, Farmingville, New York 11738 [att'n: Lauri Murray, Deputy Town Clerk].

2. Longwood Public Library, 800 Middle Country Road, Middle Island, New York 11953 [att'n: David Clemons, Director].

3. NYSDEC, Region 1 Headquarters, Loop Road, Building 40, SUNY@ Stony Brook Campus, Stony Brook, New York 11790 [att'n: Roger Evans].

4. NYSDEC Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550 [att'n: Receptionist].

APPLICABLE STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 8 (Environmental Quality Review); Article 23, Title 27 (New York State Mined Land Reclamation Law); Article 70 (Uniform Procedures); 6 NYCRR Part 420 through 425 (Mineral Resources [Mined Land Reclamation]); Part 617 (State Environmental Quality Review); and Part 621 (Uniform Procedures).

ALL PERSONS HAVING AN INTEREST IN THE PROPOSED PROJECT ARE URGED TO ATTEND THE HEARING OR BE REPRESENTED EITHER INDIVIDUALLY OR COLLECTIVELY.

JAMES T. McCLYMONDS
CHIEF ADMINISTRATIVE LAW JUDGE

Albany, New York
December 23, 2005

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