Southern Dutchess Sand & Gravel, Inc.
February 26, 2003
STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING AND ISSUES CONFERENCE
APPLICANT: SOUTHERN DUTCHESS SAND & GRAVEL, INC., 44 Elm Street, Fishkill, New York 12524
PROJECT APPLICATION NUMBER: DEC 3-1330-00047/00006
PROJECT DESCRIPTION AND LOCATION:The Applicant currently has a Mined Land Reclamation Permit, issued by the Department, authorizing the mining of sand and gravel from approximately 50 acres of a 76 acre parcel it owns on US Route 9, in the Town of Fishkill, Dutchess County, New York. The Applicant has made two applications to modify this existing Mined Land Reclamation Permit. One of the permit modification applications seeks to expand the previously approved mining limits downward to include excavation of a 22 acre lake within the footprint of the existing permitted mine. Mining of this expansion area will involve the removal of approximately 2,000,000 cubic yards of sand and gravel during an estimated operational period of 10 to 20 years. The other permit modification application seeks a variance from the requirements of Part 422 of the Mined Land Reclamation provisions of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) to maintain and utilize approximately 185 linear feet of existing roadway within 25 feet of the easterly property boundary and to plant trees within 7,100 square feet of undisturbed land within the 25 foot buffer area to provide visual screening of the mine site from US Route. 9.
PERMIT: The Applicant has applied for the aforementioned modifications to its Mined Land Reclamation permit pursuant to the provisions of Environmental Conservation Law (ECL) Article 23, Title 27 and Parts 420 through 425 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR Parts 420 through 425).
SEQRA STATUS: Pursuant to 6 NYCRR Part 617 of the implementing regulations for Environmental Conservation Law (ECL) Article 8, (State Environmental Quality Review Act - SEQRA), DEC, as lead agency, determined that neither of the proposals will have significant impact on the environment and issued a SEQR Negative Declaration on January 9, 2002, as to the mine expansion application, and a SEQR Negative Declaration on October 11, 2002, as to the variance application.
STATE HISTORIC PRESERVATION ACT (SHPA) DETERMINATIONS: Cultural resource lists and map have been checked with respect to both the proposed permit modification and variance applications. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.
COASTAL MANAGEMENT: Neither the proposed permit modification application or the variance application is located in a Coastal Management area and neither is subject to the Waterfront Revitalization and Coastal Resources Act.
NOTICES OF COMPLETE APPLICATION: With regard to the mine expansion application, a Notice of Complete Application was issued by DEC on January 10, 2002, and published in the Environmental Notice Bulletin (ENB) on January 23, 2002, and in the Poughkeepsie Journal on January 21, 2002. With regard to the variance application, a Notice of Complete Application was issued by the DEC on October 15, 2002, and published in the ENB on October 23, 2002, and in the Poughkeepsie Journal on October 24, 2002.
NOTICE OF LEGISLATIVE PUBLIC HEARING: In accordance with the provisions of 6 NYCRR Parts 617, 621 and 624, a legislative public hearing will be held before Administrative Law Judge Richard R. Wissler to receive unsworn statements from the public on the applications on Thursday, April 3, 2003, at 7:00 P.M., at the Town Hall of the Town of Fishkill, 807 Route 52, Fishkill, NY 12524-3110. All persons, organizations, corporations, or government agencies which may be affected by the proposed permit modification and/or variance 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 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. Interpreter services shall be made available to deaf persons at no charge upon written request to the ALJ at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act (SAPA).
ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held on Friday, April 4, 2003, at 10:00 A.M., at the Town Hall of the Town of Fishkill, 807 Route 52, Fishkill, NY 12524-3110, and will continue on succeeding days as necessary. At the issues conference, the ALJ will determine what issues, if any, require adjudication, and will define the scope of such issues. The purpose of the issues conference will be to define, narrow and resolve, if possible, the issues concerning the permit modification and/or variance applications which may be raised. 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.
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. An adjudicatory hearing will, if necessary, be scheduled following the issues conference. The issues conference may be canceled if no filings for party status are received by the deadline listed below.
FILING FOR PARTY STATUS AND PROPOSED ISSUES: To participate at the issues conference, parties must file a written petition requesting party status including the facts intended for presentation pursuant to 6 NYCRR Sections 624.4(c) and 624.5(b). In addition, any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the party's representative(s), the 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 permit modification and/or variance or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements which may not be met, and explain why. If a 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 other documentary evidence that the 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 the 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. The hearing provisions can be found at www.dec.state.ny.us, Hearings & Mediation, Guide to Permit Hearings.
All petitions requesting either full party status or amicus status must be received at the DEC Office of Hearings and Mediation Services by 4:00 P.M. on Wednesday, March 26, 2003. Such filings must be submitted to the following: Richard R. Wissler, Administrative Law Judge, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, Albany, NY 12233-1550; Steve Goverman, Assistant Regional Attorney, NYSDEC Region 3, 21 South Putt Corners Road, New Paltz, NY 12561; and the attorney for the applicant Laura Zeisel, Esq., Drake, Sommers, Loeb, Tarshis & Catania, PLLC, One Corwin Court, P.O. Box 1479, Newburgh, NY 12550. Electronic filings and service by fax will NOT be accepted.
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 (Mined Land Reclamation); Article 70 (Uniform Procedures); Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Parts 420-426 (Mined Land Reclamation); Part 617 (State Environmental Quality Review); Part 621 (Uniform Procedures); and Part 624 (Permit Hearing Procedures).
DOCUMENT AVAILABILITY: The permit modification and variance applications and other project information are available for your review at the Department's Office of Hearings and Mediation Services located at 625 Broadway, Albany, NY 12233-1550; and the Departments's Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561.
SUMMARY OF IMPORTANT DATES AND TIMES:
Wednesday, March 26, 2003, 4:00 P.M.............Deadline for Filing for Party Status
Thursday, April 3, 2003, 7:00 P.M.....................Legislative Public Hearing
Friday, April 4, 2003, 10:00 A.M...................... Issues Conference
For further information please contact: Margaret E. Duke, Regional Permit Administrator, NYSDEC Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561; Telephone: (845) 256-3059; E-Mail: mailto:firstname.lastname@example.org
Jo Anne W. Di Stefano
Assistant Commissioner for Hearings and
Albany, New York
February 26, 2003