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ENB - Region 4 Notices 11/24/2010

Negative Declaration

Delaware County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Transfer of Jurisdiction of Lennox Forest Demonstration Area will not have a significant adverse environmental impact. The New York State Office of Parks, Recreation & Historic Preservation (NYS OPRHP) will transfer jurisdiction of Lennox Forest Demonstration Area to the NYS DEC. The forest will be managed as part of the NYS DEC State Reforestation Area (State Forest) program. Since NYS DEC and NYS OPRHP have agreed that there will be similar management practices on the property, the proposed transfer could be classified as Type II and exempt from SEQRA as continuing agency administration and management. See, 6 NYCRR 617.5 (c) (20). However, both agencies have agreed to conduct a SEQRA review for the transfer of the property. The project is located Town of Kortright, New York.

Contact: Heather Carl, NYS DEC - Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4250, Phone: (518) 408-0941, E-mail: hlcarl@gw.dec.state.ny.us.

Greene County - The Town of Cairo Planning Board, as lead agency, has determined that the proposed Cairo Realty Project will not have a significant adverse environmental impact. The action involves the construction of an approximately 40,000 square foot grocery store with two adjoining retail buildings totaling 35,000 square foot and three detached retail buildings totaling 14,000 square foot, as well as 564 + parking spaces on a 30.218 acre parcel of land. The project is proposed to be constructed in two discrete phases. Phase 1 consists of only the 40,000 square foot grocery store with associated infrastructure. Phase 2 would include the remaining build out but construction is entirely market driven and is not contemplated at this time. SEQRA was conducted for the entire build out but site plan review is only for phase 1. The project is located between NYS Route 32 and Mount Simons Road in the Town of Cairo, New York.

Contact: Daniel A. Benoit, Town of Cairo, Town Hall, Main Street, Cairo, NY 12413, Phone: (518) 701-4823, E-mail: planningboard@townofcairo.org.

Notice of Completion of Draft Environmental Impact Statement (DEIS)
Notice of Complete Application
Notice of Public Information Meeting
Notice of Legislative Public Comment Hearing

Lafarge Building Materials, Inc.
US Route 9W
Ravena, New York 12143
Town of Coeymans, Albany County

Project Title:
Lafarge Ravena Plant Modernization Project

Permit and Application Numbers:
Title V Facility Permit, DEC #4-0124-00001/00112
State Pollution Discharge Elimination System (SPDES) Permit, DEC #4-0124-00001/00057

Project Description:
Lafarge Building Materials, Inc. proposes to modernize and expand its existing cement manufacturing facility in the Town of Coeymans in Albany County by replacing the existing "wet" cement-making process with a more energy efficient "dry" cement-making process. The investment in the facility upgrades will be several hundred million dollars, and the facility will employ approximately 180 people.

The proposal involves replacing two existing long "wet" kilns with a preheater/precalciner tower structure approximately 525 feet in height, and the replacement or upgrade of the cement grinding mills. The preheater/precalciner tower will replace the existing 325 foot stack that will be removed and it will be partially-enclosed to mitigate visual impacts. The facility's capacity will increase from approximately 1.72 million to 2.81 million short tons of clinker per year. (Clinker is the solid material produced by the cement kiln or preheater tower that is ground and mixed with gypsum to form cement.) Electrical use and greenhouse gas emissions will increase but fuel use will decrease. The fuel use, electrical demand and greenhouse gas emissions will decrease per ton of clinker produced. The proposal will increase carbon monoxide emissions while other emissions will decrease or remain constant. The facility will be subject to National Emission Standards for Hazardous Air Pollutants and Standards of Performance for Portland Cement Plants pursuant to federal regulations under 40 CFR Parts 60 and 63 respectively, that will reduce total mercury emissions. Effluent discharges will be eliminated altogether, and water use will decrease for the modernized facility.

Lafarge Building Materials, Inc. also owns and operates a limestone mine and a wharf on the Hudson River. No permit modifications are proposed for the mining operation or the shipping wharf. The proposal requires modifications to the Air Title V Permit and modifications to the State Pollution Discharge Elimination System (SPDES) Permit.

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 NYS Route 143 and Route 9W.

State Environmental Quality Review (SEQR) Determination:
The project is a Type I action. A coordinated review was performed and a positive declaration was issued on August 21, 2008. The applicant has prepared a Draft Environmental Impact Statement (Draft EIS) for this action, and the NYS DEC as SEQR Lead Agency has accepted the DEIS document as being complete and adequate for public review.

SEQR Lead Agency:
New York State Department of Environmental Conservation (NYS DEC)

Uniform Procedures Act (UPA):
The Air Title V and SPDES applications are considered Major permits under this act. NYS DEC has prepared draft permits and has made tentative determinations to issue the Title V Air Facility permit and the State Pollution Discharge Elimination (SPDES) permit for the facility. Persons wishing to inspect the Title V files or the SPDES files, including the applications with all relevant supporting materials, the draft permits, and all other materials available to the NYS DEC (the "permitting authority") that are relevant to these permitting decisions should contact the NYS DEC representative listed below. The draft Air Title V permit and Permit Review Report may be viewed and printed from NYS DEC web site at: http://www.dec.ny.gov/chemical/32249.html. Other project documents including the Draft EIS and draft air and SPDES permits are available for review at: http://lafargeravenafacts.com/.

Air Title V permit:
In accordance with 6NYCRR Parts 621.7 (b)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.

State Historic Preservation Act (SHPA) Determination:
The New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no adverse impact on registered or eligible archaeological sites or historic structures.

Statutory and Regulatory Provisions:
This application was filed and reviewed pursuant to Environmental Conservation Law (ECL) Article 3, Title 3 (General Functions), Article 8 (State Environmental Quality Review), and Article 70 (Uniform Procedures); and pursuant to Title 6 of Official Compilation of Codes, Rules and Regulations of the State of New York (6NYCRR) Part 617 (State Environmental Quality Review), Part 621 (Uniform Procedures), Parts 200-317 (Air Resources) and Parts 750-757 (Division of Water).

Public Information Meeting:
On December 8, 2010, NYS DEC will hold a Public Information Meeting commencing at 6:00 p.m. at the Ravena-Coeymans-Selkirk High School auditorium located at 2025 Route 9W, Ravena, NY. NYS DEC staff and Lafarge will present information to the public on the status and contents of the proposed application and Draft EIS. Following the presentations, the public will have an opportunity to ask questions. The presentations and the question and answer session will not be considered part of the record. You may submit written comments for the record at anytime during the comment period or you may choose to speak at the legislative hearing discussed below.

Legislative Hearing:
On January 20, 2011, NYS DEC will hold a legislative public hearing pursuant to 6 NYCRR Section 617.9(a)(4) commencing at 6:00 PM 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 notify NYS DEC in advance to speak at the legislative hearing. NYS DEC will afford equal weight to both oral and written statements. Lengthy statements should be in writing and summarized for oral presentation. The presiding Administrative Law Judge may set reasonable time limits for each speaker to afford everyone an opportunity to be heard. The High School is fully accessible to persons with a mobility impairment. Interpreter services will be made available to the hearing impaired at no charge upon written request to the NYS DEC contact person named below, no less than one week prior to the hearing, pursuant to the State Administrative Procedures Act (SAPA) § 202(1).

Public Comment and Review Process:
The public comment period commenced on November 24, 2010 and will continue for 90 days until February 22, 2011. Written comments submitted to NYS DEC during this comment period, and oral comments given at the Legislative Hearing are considered as part of the record. At the conclusion of the public comment period, NYS DEC will determine whether substantive or significant issues have been raised in the public comments or legislative hearing as defined in 6NYCRR Part 621.8 to warrant an Adjudicatory Hearing/Issues Conference or whether the permit should be issued without any further review. In order to raise substantive and significant issues written comments expressing objections to or opposition to the application must explain the basis of that opposition and identify the specific grounds which could lead NYS DEC to deny or impose significant new permit conditions on the project. If no issues are raised to warrant further adjudication, NYS DEC will proceed to: develop a response to comments for inclusion in the final EIS; provide public notice of the approval of the permits and acceptance of the Final EIS; and issue the requested permits.

Availability of Documents:
The draft Air Title V permit and Permit Review Report may be viewed and printed from NYS DEC web site at: http://www.dec.ny.gov/chemical/32249.html. Project documents including the DEIS and draft permits are available for review at: http://lafargeravenafacts.com/. In addition, copies of the Draft Environmental Impact Statement and draft permits are available for review at the following locations:

NYS DEC - Region 4
1130 North Westcott Rd
Schenectady, NY 12306

Coeyman's Town Hall
18 Russell Avenue
Ravena, NY 12143

Stuyvesant Town Hall
5 Sunset Drive
Stuyvesant, NY 12173

Chatham Town Hall
488 State Route 295
Chatham, NY 12037

Kinderhook Town Hall
4 Church Street, P.O. Box P
Niverville, NY 12130

Schodack Town Hall
265 Schuurman Road
Castleton, NY 12033

New Baltimore Town Hall
3809 County Route 51
Hannacroix, NY 12087

Kinderhook Memorial Library
18 Hudson Street
Kinderhook, NY 12106

North Chatham Free Library
Main Street, Route 203
North Chatham, NY 12132

RCS Community Library
15 Mountain Road
Ravena, NY 12143

Chatham Public Library
11 Woodbridge Avenue
Chatham, NY 12037

Valatie Free Library
3203 Church Street
Valatie, NY 12184

Opportunity for Public Comment:

Written comments may be submitted to NYS DEC:
1) Hand delivered at the public meeting on December 8, 2010 or at the legislative hearing on January 20, 2011;
2) Hand delivered or mailed to the NYS DEC - Region 4 office listed in this Notice;
3) Faxed to the NYS DEC - Region 4 office at (518) 357-2460; and
4) E-mailed to the NYS DEC - Region 4 office at dep.r4@dec.ny.gov

All comments are to be addressed to the attention of Sarah H. Evans at the address below and received by NYS DEC no later than Close of Business (4:45 p.m.) on February 22, 2011.

NYS DEC Contact Person:
Sarah H. Evans
NYS DEC - Region 4 Headquarters
1130 North Westcott Road
Schenectady, New York 12306
Phone: (518) 357-2069

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