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ENB - Region 4 Notices 04/28/2010

Public Notice

Announcement of Legislative Public Hearing - May 11, 2010 - 6:00 p.m.

Applicant: Lafarge North America, Inc. 12950 Worldgate Drive, Suite 500, Herndon, VA 20170 (DEC Application # 4-0124-00001/00112).

Title of Action: Lafarge Building Materials, Inc., Air Title V Renewal

Project Description: The applicant, Lafarge North America, Inc. has applied to the New York State Department of Environmental Conservation (NYS DEC) for renewal and modification of the existing Title V permit for the Lafarge Building Materials Inc. Portland Cement Facility located at US Route 9W, Coeymans, in Albany County, New York. This facility manufactures portland cement using two wet process kilns equipped with electrostatic precipitators (ESPs) for particulate emissions control. Cement is sold in bulk and in packaged forms and shipped from the facility by truck or rail. Lafarge Building Materials also operates a limestone quarry (SIC 1422) and a wharf (SIC 4491) in Coeymans which are located on separate, non-contiguous, non-adjacent properties.

In accordance with NYCRR Parts 621.7(b)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (US EPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with the applicable requirements of the Clean Air Act or NYCRR Part 201.

Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the NYS DEC (the "permitting authority") that are relevant to this permitting decision should contact the NYS DEC representative below.

The Draft Permit and Permit Review Report may be viewed and printed from NYS DEC web site at: http://www.dec.ny.gov/chemical/32249.html. Based on public comment, NYS DEC has decided to hold a legislative public hearing pursuant to NYCRR Part 621.

A copy of NYS DEC permit hearing procedures is available upon request or on NYS DEC website at: http://www.dec.ny.gov/permits/6234.html. If comments are received at the public hearing that raise significant issues or provide additional relevant information, NYS DEC may modify the Draft Title V Facility Permit.

Location: Lafarge Building Materials facility is located approximately one mile west of the Hudson River, east of U.S. Route 9W, south of Old Ravena Road, and north of the Village of Ravena, in the Town of Coeymans, Albany County, New York. The facility is approximately 2.25 miles north of the intersection of Route 143 and Route 9W.

SEQRA Status: The project is considered a Type II action pursuant to 6 NYCRR Part 617 of the implementing regulations for Environmental Conservation Law (ECL) Article 8, (State Environmental Quality Review Act - SEQRA), and as such, a Lead Agency has not been designated and the process is not subject to SEQRA review. NYS DEC required Public Notice for the project, and the project was noticed to the public in the Environmental Notice Bulletin on November 4, 2009, and in the local newspaper on November 6, 2009. A 30 day public comment period commenced and was extended based on public comment for a total comment period of 68 days, from November 4, 2009 to January 11, 2010. Based on public interest in this project, NYS DEC is holding a Legislative Public Hearing on this Title V permit to provide additional opportunity to take public comment.

Tentative DEC Staff Position: NYS DEC staff has reviewed the application and determined that it is 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, including a new condition specifically limiting mercury emissions.

Legislative Public Hearing: A legislative hearing session to receive unsworn statements from the public on the application and the draft permit will be held before Administrative Law Judge (ALJ) Richard A. Sherman, on May 11, 2010, at 6:00 p.m., at the Ravena-Coeymans-Selkirk High School auditorium located at 2025 Route 9W, Ravena, 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 - Region 4 Headquarters, 1130 North Westcott Road, Schenectady, NY 12306, Attn: Sarah H. Evans. All written comments must be submitted (postmarked) by no later than May 21, 2010.

Document Availability: The draft Title V permit and Permit Review Report are available for public review at http://www.dec.ny.gov/chemical/32249.html.

For further information, please contact: Sarah H. Evans, NYS DEC Region 4 Headquarters, 1130 North Westcott Road, Schenectady, NY 12306, Phone: (518) 357-2069.

Negative Declaration

Delaware County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Eklund Gravel Pit Mining Permit Renewal and Modification will not have a significant adverse environmental impact. The action involves the renewal and modification of a Mined Land Reclamation Permit for an existing 4.5 acre sand and gravel mine. Applicant seeks authorization to manufacture topsoil on-site for use in reclamation of the mine. Composted organic material, which is currently stored in an area adjacent to the mine site, will be brought into the Life of Mine and mixed by hand with blow sand to create topsoil suitable for sustaining vegetation. No other changes to the mining operation have been requested. The project is located at the northwestern side of County Route 18, approximately 1/2 mile north of Peters Road and State Route 10 intersection, Town of Stamford, Delaware County.

Contact: Patricia Pinder, NYS DEC - Region 4 Office, 1130 North Westcott Road, Schenectady, NY 12306, Phone: (518) 357-2447, Fax: (518) 357-2447, E-mail: papinderweb@dec.ny.gov.

Schoharie County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Oorah Zone II will not have a significant adverse environmental impact. The action involves redeveloping the former Scotch Valley Ski Center and Deer Run Village Resort into a summer camp for children. The redevelopment project will include building new bunkhouses, a gymnasium, storage buildings, go-kart and ATV tracks, athletic fields, petting zoo, tent camping and other recreational areas. A new wastewater treatment system will be constructed and two existing wastewater treatment systems will be upgraded. Some of the existing buildings will be renovated and some parking lots removed as well as localized site grading. The project also includes approximately the dredging of a 1,200 square foot bay on Cahill pond to create a bumper boat area. The site will be operated as a summer camp serving approximately 490 campers and 10 staff from June through August. The camp will be operated at a lesser level during the months of September through November and March through May for weekend retreats, meetings or similar events. The project is located at 146 Scotch Valley Road, Jefferson, NY.

Contact: Kent P. Sanders, NYS DEC - Region 4 Stamford Sub-Office, 65561 State Highway 10, Stamford, NY, Phone: (607) 652-7741.

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