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Southern Dutchess Sand & Gravel, Inc. (Supplemental)

August 18, 2004

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SUPPLEMENTAL NOTICE OF RECONVENED ISSUES CONFERENCE -and-
SUPPLEMENTAL NOTICE OF DATE FOR THE FILING OF PETITIONS FOR PARTY STATUS -and-
SUPPLEMENTAL NOTICE OF DATE FOR THE SUBMISSION OF WRITTEN COMMENTS

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:

Proposed Permit Modifications

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. These proposed modifications were the subject of a legislative hearing and issues conference held on April 3 and 4, 2003, respectively, and pursuant to a notice of the same which appeared in the Department's Environmental Notice Bulletin (ENB) on February 26, 2003, and as a legal notice in the Poughkeepsie Journal on March 7, 2003. Please refer to these publications for the full notice.

Proposed Stormwater Drainage Diversion Plan

As part of these applications, the Applicant proposed a drainage diversion plan, dated October 17, 2003, and revised August 11, 2004, to divert stormwater flows from a neighboring landowner located on the easterly side of US Route 9, known as Cranesville Block Company, to an unnamed tributary of Clove Creek which flows into Putnam County. These stormwater discharges presently flow in a westerly direction across and beneath US Route 9, over the property of a contiguous landowner and onto the Applicant's property. As a result of the diversion plan, stormwater flows from Cranesville Block Company will be captured after flowing in a westerly direction under US Route 9 and then directed south along the westerly side of US Route 9 through a series of high density polyethylene (HDPE) pipes and ditches and thence to an unnamed tributary of Clove Creek which flows into Putnam County. This drainage diversion plan had not been proposed at the time the Applicant originally sought modification of its existing Mined Land Reclamation Permit.

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).

PURPOSE OF THESE SUPPLEMENTAL PROCEEDINGS: As noted, pursuant to the above mentioned Notice, a legislative hearing was held in this matter on April 3, 2003, at the Town Hall of the Town of Fishkill, Fishkill, New York, and was followed by a pre-adjudicatory issues conference the next day, April 4, 2003, at the same location. Subsequent to these proceedings, the Applicant proposed the stormwater drainage diversion plan indicated above. Accordingly, as a result of this change in circumstances, all interested parties will be afforded the opportunity for public comment and to intervene in this proceeding, pursuant to the provisions of 6 NYCRR 624.

NOTICE OF RECONVENED ISSUES CONFERENCE: The pre-adjudicatory hearing issues conference previously held in this matter on April 4, 2003, at the Town Hall of the Town of Fishkill, New York, will be reconvened on Friday, September 17, 2004, at 10:00 A.M., at the Town Hall of the Town of Fishkill, 807 Route 52, Fishkill, NY 12524-3110, and continue on succeeding days as necessary. At the reconvened issues conference, the ALJ will determine what issues, if any, require adjudication, and will define the scope of such issues. The purpose of the reconvened issues conference will be to define, narrow and resolve, if possible, the issues concerning the permit modification and/or variance applications and the proposed stormwater drainage diversion plan which may be raised. Participation at the reconvened issues conference will be limited to the Department Staff, the Applicant and those persons who requested party status pursuant to 6 NYCRR Sections 624.4 and 624.5 in advance of the issues conference held on April 4, 2003, and pursuant to the original Notice of February 26, 2003, and those requesting party status pursuant to 6 NYCRR Sections 624.4 and 624.5 in advance of the reconvened issues conference, as provided in this Supplemental Notice.

IT IS EXTREMELY IMPORTANT THAT ANY PERSONS PREVIOUSLY REQUESTING PARTY STATUS, OR REQUESTING SUCH STATUS NOW, APPEAR OR BE REPRESENTED AT THE RECONVENED ISSUES CONFERENCE IN ORDER THAT ALL VALID ISSUES MAY BE FULLY DISCUSSED. An adjudicatory hearing will, if necessary, be scheduled following the reconvened issues conference.

FILING FOR PARTY STATUS AND PROPOSED ISSUES: To participate at the reconvened issues conference, parties who have not previously done so 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.

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 Friday, September 10, 2004. 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.

NOTICE OF DATE FOR THE SUBMISSION OF WRITTEN COMMENTS: Written comments on the proposed action may be submitted to 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: meduke@gw.dec.state.ny.us, no later than Friday, September 17, 2004.

DOCUMENT AVAILABILITY: The permit modification and variance applications and other project information, including the proposed stormwater drainage diversion plan, 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.

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: meduke@gw.dec.state.ny.us

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
August 18, 2004

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