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ENB - Region 9 Notices

Public Notice

New York State Department of Environmental Conservation
Notice of Public Scoping Meeting
Proposed Waterman Gravel Mine Expansion

Meeting Date: Wednesday, August 11, 2010, 7:00 p.m.

Location: Concord Town Hall
86 Franklin Street
Springville, New York 14141

The New York State Department of Environmental Conservation (NYS DEC), as Lead Agency pursuant to Part 617 of the State regulations for the State Environmental Quality Review (SEQR) Act, has scheduled a public meeting for the purpose of determining the scope of the Draft Environmental Impact Statement (DEIS) to be prepared for the proposed action described in this notice. The DEC has determined that the project may have a significant effect on the environment and issued a SEQR Positive Declaration requiring the applicant to prepare a DEIS.

Applicant: Gregory P. Waterman
12316 Route 240
East Concord, New York 14055

State and Local Permits/Approvals Required for the Project:

Mining Permit Modification (NYS DEC)

Project Description and Location:

The applicant has requested the proposed expansion of the Waterman Gravel Mine, including mining of land (approximately 8.2 acres) adjacent to the previously approved mining area. In addition, the excavation depth of the entire mining area is proposed to be approximately 67.5 feet below the groundwater table. The modification request also includes the addition of a wash plant to the presently permitted crushing and screening operations. The presently approved agricultural reclamation plan is proposed to be changed from agricultural reuse of the land, to the creation of a lake, with a surface area of approximately 44.2 acres and a depth of 67.5 feet. The proposal will extend the life of mine for an estimated 30 year period of time but mining operations will also be dependent upon market demand.

The proposed mine expansion would be a lateral extension of the existing mine's current permitted eastern boundary of excavation, to a location bounded on the north by a 25 foot setback from the property line and on the east by a 300 foot setback from the centerline of Vaughn Street (NYS Route 240) in the north area and by a 25 foot setback from the property line in the south area. The current permit allows mining to the south property line in the Town of Concord, New York.

Meeting Purpose:

The purpose of "scoping" is to define the extent to which environmental impacts identified in the NYS DEC's Positive Declaration and project sponsor's Scoping Document (distributed locally) will be evaluated in the Draft EIS. Scoping will help to ensure that this Draft EIS is a comprehensive, accurate and complete document, adequate for public review and which properly evaluates the environmental impacts that may occur if this mining modification is approved.

Public Meeting:

A public meeting will be held on Wednesday, August 11, 2010 from 7:00 p.m. to conclusion at the Concord Town Hall, 86 Franklin Street, Springville, New York 14141. The public will be heard after a NYS DEC Staff Statement is read into the record and the applicant gives a brief presentation detailing the proposed project. A stenographic record of the meeting will be prepared. Written statements will also be accepted until September 11, 2010 at the NYS DEC - Region 9 Office address below.

This meeting location is reasonably accessible to persons with a mobility impairment. Interpreter services will also be made available to deaf persons, at no charge, upon written request to the Contact Person named below within one week prior to the meeting, pursuant to Section 202(1) of the State Administrative Procedures Act.

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

Availability of Information:

The application file may be reviewed by appointment at the NYS DEC - Region 9 Office. In addition, the applicant has provided a Scoping Document containing a summary of the SEQR process, including scoping and the project proposal. Copies of this Scoping Document will be mailed to residents in the immediate vicinity of the mine. Anyone who plans to participate in the scoping meeting by providing comment is urged to review a copy of this document prior to the meeting to help them prepare.

The document may be obtained at the meeting or viewed prior to the meeting at the Concord Town Hall, 86 Franklin Street, Springville: Concord Public Library, 18 Chapel Street, Springville or at the NYS DEC - Region 9 Office (address below).

Contact: Steven J. Doleski, NYS DEC - Region 9 Office, Division of Environmental Permits, 270 Michigan Avenue, Buffalo, New York 14203-2915, Phone: (716) 851-7165.

Availability for Comment on Draft TMDLs

This notice announces the availability of a DRAFT Total Maximum Daily Load (TMDL) document proposed by New York State Department of Environmental Conservation to address each of four specific waterbodies:

Chautauqua Lake, Chautauqua County
Buck Pond, Monroe County
Cranberry Pond, Monroe County
Long Pond, Monroe County

These are waterbodies that are impaired by phosphorus. Public comment on these documents will be accepted for 30 days, through August 27, 2010.

Background: States are required by Section 303(d) of the Clean Water Act and the U. S. Environmental Protection Agency's (US EPA's) implementing regulations (40CFR Part 130) to develop TMDL plans for waterbodies and pollutants where water quality standards are not being met. By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards. The proposed phosphorus TMDL for Chautauqua Lake will require stringent permit limits on the major wastewater treatment plants and will rely on significant voluntary load reduction efforts from the agricultural community, developed land and septic systems to address existing water quality impairments. The proposed phosphorus TMDLs for the Monroe County Ponds will require stringent permit limits on the wastewater treatment plants and significant reductions from the Municipal Separate Storm Sewer Systems (MS4s). Considerable load reduction efforts from the agricultural community and elimination of septic systems via sewering are also recommended voluntary actions to address existing water quality impairments. The implementation of these three TMDLs will be staged, allowing for more refined data collection that will facilitate improved modeling and adjustments of implementation activities.

Information: Copies of the proposed draft plans can be found on the NYS DEC website at: http://www.dec.ny.gov/chemical/23835.html#Small, or by contacting Dan Hayes at NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at: (518) 402-8207, or via E-mail at: dahayes@gw.dec.state.ny.us. Comments should be sent, written or via email, to the same addresses. Comments received by COB August 27, 2010 will be considered prior to submitting the final TMDLs to the EPA for approval.

Negative Declaration

Niagara County - The Town of Somerset, as lead agency, has determined that the proposed Adoption of Local Law for Flood Damage Protection will not have a significant adverse environmental impact. The action involves adopting a local law designed to prevent flood damages and benefit the Town's environment. The language of the law is consistent with New York State Department of Environmental Conservation model legislation. The project will affect floodplain areas across the Town of Somerset, New York.

Contact: Richard Meyers, Town of Somerset, 8700 Haight Road, Barker, New York 14012, Phone: (716) 795-3575.

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