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St. Lawrence Cement Company, LLC

May 2, 2001

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
ANNOUNCEMENT OF PUBLIC COMMENT PERIOD and
COMBINED NOTICE OF COMPLETE APPLICATION
NOTICE OF COMPLETION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS)
LEGISLATIVE PUBLIC HEARING and ISSUES CONFERENCE
May 2, 2001

APPLICANT: St. Lawrence Cement Company, LLC, 4303 US Route 9, Hudson, NY 12534 (DEC Application # 4-1040-00011/00001).

TITLE OF ACTION: St. Lawrence Cement Company - Greenport Project

PROJECT DESCRIPTION: The Applicant, St. Lawrence Company LLC, (SLC) has applied to the New York State Department of Environmental Conservation (DEC) for various permits under the Environmental Conservation Law (ECL). SLC's proposed project involves construction and operation of a state-of-the-art, high efficiency, dry process cement manufacturing facility consisting of a raw mill system, kiln feed blending silo, preheater/precalciner tower, rotary kiln, clinker cooler, finish mill system and associated balance-of-plant systems and facilities. The capacity of the facility will be approximately 2.6 million US tons of clinker per year. The primary fuel will be a coal/coke blend. Distillate oil and natural gas will be used for pre-heating and start-up.

The proposed facility will utilize a large multi chamber state of the art baghouse for controlling particulates from the clinker manufacturing process. Staged combustion, a low NOx burner, flame optimization, process optimization, reduced air combustion, and a selective non-catalytic reduction (SNCR) system will be used to reduce and control nitrogen oxides (NOx) emissions. Sulfur dioxide (SO2) emissions will be controlled by parallel wet/dry scrubber systems. An integrated continuous monitoring and recording system will also be used to monitor emissions. The monitoring data will be used to optimize operation of the facility and minimize emissions. In addition, the manufacturing facility will include: enclosed conveyors (between the quarry, plant and dock site), control facilities, office and maintenance facilities, access roads, parking areas, a new docking facility (for incoming and out going shipments) and a public park.

LOCATION: The St. Lawrence Cement Greenport Project, will be located on property owned by SLC in both the Town of Greenport and the City of Hudson and is generally bounded on the north by the City of Hudson, on the east by Newman Road, on the south by NYS Route 23 and on the west by the Hudson River. The proposed cement manufacturing facility will be physically located within the Life of Mine boundary of an existing 1222 acre quarry located between Newman Road on the east and US Route 9 on the west.

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 the project may have significant impact on the environment and issued a SEQR Positive Declaration on April 8, 1999 requiring the preparation of a Draft Environmental Impact Statement (DEIS). On May 2, 2001 DEC staff accepted the DEIS for the project described above. Potential impacts discussed in the DEIS include air quality, surface and groundwater pollution, noise impacts, dust impacts, visual impacts, impacts on cultural resources, impact on freshwater wetlands, impacts upon aquatic habitat and traffic impacts.

A public scoping comment period was previously provided and a public scoping meeting was held on June 24, 1999 at the Columbia County Office Building in Hudson, NY.

PERMITS: SLC has applied to the DEC for the following permits: a state facility permit for air pollution control (for air emissions from the cement facility), 6 NYCRR Parts 201, et seq. (Air Pollution Control); a state pollutant discharge elimination system permit (to cover process and storm water discharge), 6 NYCRR Parts 750-758 (State Pollutant Discharge Elimination System); an Article 15 Protection of Waters permit and § 401 Water Quality Certification (to expand the dock area on the Hudson River), 6 NYCRR Part 608 (Water Quality Certification, pursuant to § 401 of the Federal Clean Water Act); a mined land reclamation permit modification, (to cover modifications to the mined land use plan, including the increase in the extraction of rock from 2 million metric tons per year to 6 million metric tons per year), 6 NYCRR Parts 420-426 (Mined Land Reclamation); and a freshwater wetlands permit (for building conveyors between the plant and the Hudson River dock) 6 NYCRR Part 663 (Freshwater Wetlands).

In addition, this proposed facility is located within the Hudson River coastal zone and therefore, the lead agency, DEC, must determine whether the project is consistent with the State's coastal zone policies pursuant to Article 42 of the Executive Law and 19 NYCRR Part 600.

TENTATIVE DEC STAFF POSITION: DEC staff has reviewed the applications and determined they are complete pursuant to 6 NYCRR Part 621. Staff has determined that all statutory and regulatory criteria can be met through the imposition of special conditions. A draft SPDES permit and fact sheet and a draft air state facility permit and fact sheet are available for review.

LEGISLATIVE PUBLIC HEARING: Legislative hearing sessions to receive unsworn statements from the public on the applications and the draft permits will be held before Administrative Law Judge Helene Goldberger, on June 20, 2001, beginning at 1:00 P.M. and at 7:00 P.M. at the Columbia-Greene Community College, Gymnasium (located in the Main Building), 4400 NYS Route 23, Greenport, NY. All persons, organizations, corporations, or government agencies which may be affected by the proposed project 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).

WRITTEN COMMENTS: All comments must be filed with the NYS DEC Office of Hearings and Mediation Services, 50 Wolf Road, Albany, NY 12233-1550, Attn: ALJ Helene Goldberger. All written comments must be submitted (postmarked) by no later than June 20, 2001.

ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held on June 21, 2001 at 10:00 A.M. at Columbia-Greene Community College, Student Center (located in the Main Building), 4400 NYS Route 23, Greenport, NY, 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 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 §§ 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 issue conference, parties must file a written petition requesting party status including the facts intended for presentation pursuant to 6 NYCRR §§ 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 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. 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 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 June 13, 2001. Such filings must be submitted to the following: ALJ Helene Goldberger, NYS DEC Office of Hearings and Mediation Services, 50 Wolf Road, Albany, NY 12233-1550, Robert Leslie, Regional Attorney, NYSDEC Region 4, 1150 North Westcott Road, Schenectady, New York 12306, and Robert J. Alessi/Thomas S. West, LeBoeuf, Lamb, Greene & MacRae, LLP, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12210-2820. Electronic filings and service by fax will NOT be accepted.

STATUTORY AND REGULATORY PROVISIONS:

Statutory Provisions: Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 8 (Environmental Quality Review); Article 15, Title 5 (Protection of Water); Article 17 (Water Pollution Control); Article 19 (Air Pollution Control); Article 23, Title 27 (Mined Land Reclamation); Article 24 (Freshwater Wetlands) and, Article 70 (Uniform Procedures).

Regulatory Provisions: Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Parts 201, et seq. (Air Pollution Control); Parts 750-758 (State Pollutant Discharge Elimination System); Part 608 (Water Quality Certification, pursuant to § 401 of the Federal Clean Water Act); Parts 420-426 (Mined Land Reclamation); Part 663 (Freshwater Wetlands); Part 617 (State Environmental Quality Review); Part 621 (Uniform Procedures); and Part 624 (Permit Hearing Procedures).

STATE HISTORIC PRESERVATION ACT: A cultural resources survey has been completed. Based on the information provided in the survey report, the NYS Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have an impact on registered or eligible archaeological sites or historic structures. DEC must consult further with OPRHP before making a final decision regarding issuance of the permits.

DOCUMENT AVAILABILITY: All filed application materials, the DEIS, the draft SPDES permit, the SPDES fact sheet, the draft Air State Facility permit and the prevention of significant deterioration (PSD) fact sheet will be available for public inspection beginning on Monday, May 7, 2001 at the following locations:

1) NYS DEC Office of Hearings and Mediation Services, 50 Wolf Road, Albany, NY 12233-1550

2) NYS DEC Region 4 Headquarters, 1150 North Westcott Rd., Schenectady, NY 12306. (518) 357-2069

3) St. Lawrence Cement Offices, 4303 US Route 9, Hudson, NY 12534, (518) 828-8478

4) St. Lawrence Cement Offices, 3 Columbia Circle, Albany, NY 12203. (518) 452-3001

5) Town of Greenport, 600 Town Hall Drive, Hudson, NY 12534. Contact: Town Clerk; (518) 828-4656

6) City of Hudson, City Hall, 520 Warren St., Hudson, NY 12534. Contact: City Clerk; (518) 828-1030

7) Hudson Area Library, 400 State Street, Hudson, NY 12534. (518) 828-1792

8) Chatham Public Library, Woodbridge Ave., Chatham, NY 12037. (518) 392-3666

9) Germantown Library, 50 Palatine Park Rd., Germantown, NY 12526. (518) 537-5800

10) Hillsdale Public Library, 2609 Route 23, Hillsdale, NY 12529. (518)325-4101

11) Livingston Free Library, Old Post Road, Livingston, NY 12541. (518) 851-2270

12) Catskill Public Library, 1 Franklin Street, Catskill, NY 12414. (518) 943-4230

13) Kinderhook Memorial Library, 18 Hudson Street, Kinderhook, NY 12106. (518) 758-6192

14) Valatie Free Library, 3203 Church Street, Valatie, NY 12184. (518) 758-9321

15) Claverack Library, 629 Route 23B, Claverack, NY 12513. (518) 851-9120

16) D.R. Evarts Library, 80 2nd Street, Athens, NY 12015. (518) 945-1417

17) Philmont Public Library, 124 Main Street, Philmont, NY 12565. (518) 672-5010

18) Egremont Free Library, 2 Button Ball Lane, Great Barrington, MA 01230. (413) 528-1474

19) Mason Public Library, 231 Main Street, Great Barrington, MA 01230. (413) 528-2403

20) Pittsfield Public Library, 1 Wendell Avenue, Pittsfield, MA 01201. (413) 499-9480

21) Austen Fox Riggs Library, 25 Main Street, Stockbridge, MA 01262. (413) 298-5511

22) West Stockbridge Library, 9 Main Street, West Stockbridge, MA 01266. (413) 232-0308

SUMMARY OF IMPORTANT DATES:

June 13, 2001......................................Deadline for Filing for Party Status

June 20, 2001......................................Legislative Public Hearing

June 20, 2001......................................Close of Public Comment Period

June 21, 2001......................................Issues Conference

For further information please contact: Michael Higgins, Project Manager, NYSDEC Region 4 Headquarters, 1150 North Westcott Road, Schenectady, NY 12306, (518) 357-2069.

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
May 2, 2001

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