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ENB - Region 9 Notices 3/25/2009

Negative Declaration

Erie County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Gernatt Vaughn Deposit Mine Expansion will not have a significant adverse environmental impact. The action involves the addition of approximately 18.6 acres to the Gernatt Vaughn Deposit Mine, currently permitted for 107.4 acres, and a change in the reclamation plan on a portion of the previously permitted lands located adjacent (east) of the National Grid parcel (from planting of trees to the planting of perennial grasses and legumes). The expansion consists of portions of two separate parcels in the Town of Concord: The DeWald parcel (16.0 ± acres); and the National Grid parcel (2.6 ± acres). The National Grid parcel is located to the north side of Middle Road, and between the currently permitted portions of the Vaughn Pit, which are owned by Gernatt Asphalt (east side) and Donald Gentner (west side). The DeWald portion is located on the south side of Middle Road (opposite side of Middle Road from current mining operations). Material processing will include use of a portable screen and crushing unit, with a capacity of approximately 350 tons per hour. There will be no excavation into the ground water table, and no water supply wells, wash ponds or wet processing are proposed for this operation. The reclamation objective on the DeWald parcel is to return the area to a condition suitable for agriculture; and on the National Grid parcel, the land will be open fields revegetated with a mixture of perennial grasses and legumes. The project is located on the north and south sides of Middle Road in the Town of Concord, New York.

Contact: Charles D. Cranston, NYS DEC - Region 9 Allegany Sub Office, 182 East Union, Suite 3, Allegany, NY 14706-1328, Phone: (716) 372-0645, E-mail: dep.r9@dec.ny.gov.

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