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E. Tetz & Sons, Inc.

December 18, 2002

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING
DEC Project #3-3352-00255/00001

APPLICANT: E. Tetz & Sons, Inc., 130 Crotty Road Middletown, NY 10941 (DEC Project #3-3352-00255/00001).

TITLE OF ACTION: Tetz Asphalt Plant, Crystal Run Rd & Crotty Rd, Wallkill, NY 10941

PROJECT and LOCATION: The applicant proposes to construct a continuous flow hot-mix asphalt plant on 7.7 acres of a 10.9 acre parcel located on Crotty Road in the Town of Wallkill. The proposed plant will consist of a drum burner, four 200-ton asphalt storage silos, two 30,000-gallon liquid asphalt storage tanks, two 1,000 gallon asphalt emulsion tanks, one 10,000 gallon fuel oil tank, an 800 kW diesel generator, and a bag house. The maximum annual capacity of the plant is proposed at 500,000 tons of asphalt.

The operation of the plant will require state air pollution control and stormwater discharge (SPDES) permits. The Department has made a tentative determination to approve the SPDES permit application for the discharge of stormwater from the secondary containment areas of the petroleum bulk storage tanks. The permittee will be required to maintain records and report data to verify compliance with the SPDES permit conditions and discharge limits. A draft SPDES permit is available for review at the NYSDEC Region 3 office (SPDES No. NY-0264997).

The Department has made a tentative determination to approve the application for an Air State Facility permit. The permit application includes restricting the potential to emit from this facility through federally enforceable permit conditions which will limit air emissions at a level below the applicability thresholds for Title V, and NOx RACT regulations. These applicability thresholds include 100 tons per year for NOx, SO2, and CO, and 50 tons per year for VOCs. By accepting federal and state enforceable limits, the applicant will not be subject to these regulations and the facility will not be subject to state New Source Review requirements. However, the facility will be subject to federal New Source Performance Standards (40 CFR Part 60 subpart I - Standards of Performance for Hot Mix Asphalt Facilities).

The applicant has agreed to permit conditions to limit emissions of the above air pollutants by restricting asphalt production to a maximum of 500,000 tons per year and by restricting generator hours to 4,000 per year. The permittee will be required to maintain records and report data to verify compliance with permit conditions and emission limits. The application and Department prepared draft permit for the proposed facility are available for review the NYSDEC Region 3 office.

Construction of the plant will involve the filling of approximately 2.32 acres of federally-regulated wetlands on the site. A Clean Water Act Section 404 wetland permit was issued by the U.S. Army Corps of Engineers for this activity on June 6, 2000. This permit requires a Section 401 Water Quality Certification from the New York State Department of Environmental Conservation. Mitigation of wetland losses is to occur through the creation of approximately 3 acres of replacement wetlands at E. Tetz & Son's Pine Lane Mine located off U.S. Route 6 in the Town of Wawayanda. The mitigation site is located near the banks of a sub-tributary of Monhagen Brook (DEC Water Index No. H-139-13-52-2-1a; Class B). Use of the Pine Lane Mine site for wetland mitigation requires a new Protection of Waters permit and modification of the existing Mined Land Reclamation Permit (DEC Application Nos. 3-3356-00066/00013, 00015).

Permit(s) Applied for:

Article 19 Air State Facility

Section 401 CWA Water Quality Certification

Article 23 Title 27 Mined Land Reclamation

Article 15 Title 5 Protection of Water

Article 17 Titles 7 & 8 Industrial SPDES

Applications for all these permits have been received and were determined complete by NYSDEC on September 5, 2002. The draft permits may be inspected at any of the locations listed in the Document Availability section, below.

State Environmental Quality Review Act (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"), Wallkill Town Planning Board, as Lead Agency, determined the project may have significant impact on the environment on March 25, 1998 and required preparation of a Draft Environmental Impact Statement (DEIS). On April 11, 2000, Wallkill Town Planning Board accepted the Final Environmental Impact Statement (FEIS) for the project described above. The FEIS may be inspected at any of the locations listed in the Document Availability section, below.

PUBLIC COMMENT PERIOD: Comments on the draft permits are requested and will be accepted until January 28, 2003. Comments should be sent to: Scott E Sheeley, NYSDEC Region 3 Headquarters, 21 South Putt Corners Rd, New Paltz, NY 12561, (845)256-3050.

STATE HISTORIC PRESERVATION ACT: A Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact registered, eligible or inventoried archaeological sites or historic structures.

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

LEGISLATIVE HEARING: A legislative hearing to receive comment on the permit application will be held on January 28, 2003 at 7:00 p.m. at the Wallkill Community Center, 8 Wes Warren Drive in the Town of Wallkill. 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 on the application. Oral comments may be limited to five minutes in length by the Administrative Law Judge ("ALJ"). Equal weight will be given to both oral and written statements. Please note that it is not necessary to file a written request in advance to speak at the legislative hearing. Written statements regarding the permit applications may also be filed with the ALJ at the legislative hearing.

This hearing location is reasonably accessible to persons with a mobility impairment. Interpreter services shall also be made available to deaf persons, at no charge, upon written request to the Administrative Law Judge named below at least five (5) business days prior to the date of the legislative hearing, pursuant to SAPA §202(1).

ISSUES CONFERENCE: A pre-adjudicatory hearing Issues Conference will be held on January 31, 2003 at 9:30 a.m. at the Wallkill Community Center, 8 Wes Warren Drive in the Town of Wallkill. The purpose of the issues conference will be to define, narrow and resolve, if possible, the issues concerning the permit applications which are raised by DEC or party status applicants as subjects for adjudication at any subsequent adjudicatory hearing sessions. 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.

FILING FOR PARTY STATUS: Party status to participate at the Issues Conference and at any subsequent adjudicatory hearing will be accorded only to those persons who can provide a clear demonstration that they have an adequate environmental interest and otherwise meet the requirements of 6 NYCRR 624.5(b) and 624.5(d). Mere support of or opposition to the permit application is not a sufficient basis to be granted party status. All persons desiring party status must file a written request pursuant to 6 NYCRR 624.5(b) identifying the precise grounds for opposition to, or support of, the permit application. Persons seeking full party status must present an offer of proof identifying their proposed witnesses, the nature of the evidence they expect to present and the grounds upon which their assertions are made, as required by 6 NYCRR 624.5(b)(2)(ii). Persons seeking amicus status must identify the nature of the legal or policy issues they would brief and explain why they are in a special position with respect to these issues, as required by 6 NYCRR 624.5(b)(3). Persons having similar interests are encouraged to file as a consolidated party. ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE AT THE ADJUDICATORY HEARING MUST BE RECEIVED AT THE OFFICE OF HEARINGS AND MEDIATION SERVICES NO LATER THAN 4:00 p.m. ON JANUARY 24, 2003. ALL SUCH FILINGS SHOULD BE SUBMITTED TO: P. NICHOLAS GARLICK, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OFFICE OF HEARINGS AND MEDIATION SERVICES ("OHMS"), 625 BROADWAY, ALBANY, NEW YORK 12233-1550; TELEPHONE (518) 402-9003. ELECTRONIC FILINGS WILL NOT BE ACCEPTED. All Petitioners must, in the same manner and at the same time as filed with OHMS, send a copy of their complete filing to Jonah Triebwasser, Esq., Assistant Regional Attorney, NYSDEC Region 3, NYSDEC Region 3 Headquarters, 21 South Putt Corners Rd, New Paltz, NY 12561 and to Rosemary Stack, Esq., 5110 Velasko Road, Suite 2000 Syracuse, NY 13215.

DOCUMENT AVAILABILITY: The permit application including Final EIS, and other documents associated with the application are available for public review at the following locations:

1. NYS DEC Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, NY 12233-1550.

2. NYS DEC Region 3 Headquarters, 21 South Putt Corners Rd, New Paltz, NY 12561. Contact: Scott Sheeley. (845)256-3050.

3. Middletown Thrall Library, 11-19 Depot Street, Middletown, NY 10940. Contact: Mary Climes (845) 341-5479.

STATUTORY AND REGULATORY PROVISIONS: Statutory Provisions. Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 15 (Water Resources); Article 17 (Water Pollution Control); Article 19 (Air Pollution Control); Article 23, Title 27 (Mined Land Reclamation); 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 420-426 (Mined Land Reclamation); Part 608 (Water Quality Certification, per §401 of the Federal Clean Water Act); Part 621 (Uniform Procedures); Part 624 (Permit Hearing Procedures); and Parts 750-758 (State Pollutant Discharge Elimination System).

All persons having an interest in this Project are urged to attend the hearing or be represented either individually or collectively.

SUMMARY OF IMPORTANT DATES:

January 24, 2003 Deadline for Filing for Party Status

January 28, 2003 Legislative Hearing

January 28, 2003 Close of Public Comment Period

January 31, 2003 Issues Conference

Jo Anne W. Di Stefano
Assistant Commissioner for
Hearings and Acting Chief
Administrative Law Judge

Albany, New York
December 18, 2002

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