Cobleskill Stone Products
May 1, 2007
NOTICE of LEGISLATIVE HEARING and ISSUES CONFERENCE
APPLICANT: Cobleskill Stone Products, Inc., PO Box 220, 112 Rock Road, Cobleskill, New York 12043165 (Application No. 4-4342-00001/000019).
FACILITY: The current 86-acre life of mine Schoharie Quarry is located on Eastern Avenue in and immediately east of the Village of Schoharie, in the Town of Schoharie, County of Schoharie, State of New York. The current Schoharie Quarry is located on lands comprised of 100 acres on the north side of Rickard Hill Road and 19 acres on the south side of the road. The currently permitted 86-acre life of mine quarry is located on the north side of Rickard Hill Road.
PERMITS: Applicant has applied to the New York State Department of Environmental Conservation ("the Department" or "NYSDEC") for modification to its existing Minded Land Reclamation Law Permit ("MLRL"), State Air Facility Permit and federal Clean Water Act Section 401 Water Quality Certification.
PROJECT DESCRIPTION: Applicant proposes to increase the life of mine boundary at its 86 acre Schoharie Quarry by 69 acres. In addition to the current 119 acre site, Applicant owns 77 acres between Rickard Hill Road and Warner Hill Road and 14 acres south of Warner Hill Road (a total of 91 additional acres). The proposed modification area will be located on these additional acres. Within the proposed 69-acre life of mine area, 49 acres will be affected. The proposed expansion extends southward across Rickard Hill Road, directly east of and adjacent to the Village limits. The proposed modification would include moving the primary crusher to the expansion area and the addition of a new tertiary crusher with a capacity of approximately 400 tons per hour. The new crusher is designed to produce different grades of stone products and is proposed to operate alternatively, on a single conveyor belt, with currently permitted crushers, and not increase the overall production capacity of the facility.
STATE ENVIRONMENTAL QUALITY REVIEW ("SEQR") DETERMINATION: The project is a Type I action with the NYSDEC designated as lead agency. A Positive Declaration was issued on June 23, 2005. NYSDEC has determined that the Draft Environmental Impact Statement ("DEIS"), prepared for this project (dated December 2005), is adequate for public review and comment. A notice of Complete Application and notice of Public Hearing was issued on January 31, 2007; and a public hearing was held on February 20, 2007 to receive comments on the notice of Complete Application and the DEIS.
TENTATIVE DETERMINATION: Department staff has determined that the proposed expansion will not meet applicable SEQR statutory and regulatory requirements and, therefore, the application to modify the current MLRL Permit should be denied. Specifically, Department staff has determined that the proposed mine expansion and potential impacts represent a significant adverse change in community character even after the incorporation of impact mitigation measures into the project.
STATE HISTORIC PRESERVATION ACT ("SHPA") DETERMINATION: The New York State Office of Parks, Recreation and Historic Preservation has determined that the proposed project will have no adverse impact on registered, eligible or inventoried archeological or historic structures, with the condition of eliminating a proposed conifer buffer planting and development of an acceptable avoidance plan.
LEGISLATIVE HEARING: A legislative hearing will be held to receive unsworn, written or oral statements from the public regarding the permit applications and the DEIS. All persons, organizations, corporations or government agencies which may be affected by the proposed project are invited to attend the legislative hearing and comment upon the permit applications. A legislative hearing session will be held at the HOLIDAY INN EXPRESS, 160 HOLIDAY WAY, SCHOHARIE, NEW YORK 12157, ON JUNE 12, 2007 AT 7:00 P.M. Oral or written statements may be submitted at the hearing and will receive equal weight in the record. Statements made in response to the January 31, 2007 Notice of Complete Application and Notice of Public Hearing or at the February 20, 2007 legislative hearing will be incorporated by reference into this legislative hearing record and need not be re-submitted. The order of speakers will be determined by the presiding Administrative Law Judge ("ALJ"). Lengthy statements are required to be submitted in writing and summarized orally. The ALJ may impose a five-minute time limit on oral statements to ensure that all persons will have an opportunity to be heard. Written statements must be received by the ALJ either at the legislative hearing or at the address set forth below, postmarked by June 12, 2007. The hearing location is reasonably accessible to persons with a mobility impairment. Interpreter services are available to hearing impaired persons at no charge. Requests for an interpreter must be made to the ALJ at least 7 business days prior to the date of the Hearing.
ISSUES CONFERENCE: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory issues conference will be held at the HOLIDAY INN EXPRESS, 160 HOLIDAY WAY, SCHOHARIE, NEW YORK 12157, ON JUNE 13, 2007 AT 10:00 A.M., AND WILL CONTINUE ON SUCCESSIVE DAYS AS NECESSARY. Participation at the issues conference is limited to Department staff, applicant and those persons requesting party status. The purpose of the issues conference is to determine party status for any person who has properly filed as indicated below, and to define, narrow and if possible, resolve proposed adjudicable issues concerning the permit application that have been raised by the issues conference participants. Any persons requesting party status must appear or be represented at the issues conference so that all proposed issues may be fully discussed.
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 opposition to the project 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 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 3:00 p.m. ON JUNE 4, 2007. ALL SUCH FILINGS SHOULD BE SUBMITTED TO: KEVIN J. CASUTTO, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OFFICE OF HEARINGS AND MEDIATION SERVICES, 625 BROADWAY, FIRST FLOOR, ALBANY, NEW YORK 12233-1550. ELECTRONIC FILINGS WILL NOT BE ACCEPTED. All petitioners must send, in the same manner and at the same time, a copy of their complete filing to Blaise Constantakes, Esq., Regional Attorney, NYSDEC Region 4, 1150 North Westcott Road, Schenectady, New York 12306 and to applicant's attorney, Adam Schultz, Esq., Gilberti, Stinziano, Heintz & Smith, 555 East Genesee Street, Syracuse, New York 13202-2159.
DOCUMENT AVAILABILITY: The permit applications, DEIS, draft Air State Facility Permit and related documentation are available for review at the following locations:
1. NYSDEC Region 4 Sub-Office, 65561 State Highway 10, Stamford, New York 12167.
2. Town of Schoharie, Office of the Town Clerk, 300 Main Street, Schoharie, New York 12157.
3. Schoharie Public Library, Bridge Street, Schoharie, New York 12157.
Additionally, the full DEIS is available online for review at "www.griggs-lang.com/schoharie".
A draft MLRL permit is not available at the time of publication of this notice. However, Department staff plans to promulgate a draft MLRL permit prior to commencement of the hearing.
STATUTORY AND REGULATORY PROVISIONS: This application was filed and is being processed pursuant to Environmental Conservation Law ("ECL"), article 3, title 3 (General Functions), article 8 (State Environmental Quality Review), article 15, title 5 (Protection of Waters), article 17, titles 7 and 8 (Stormwater SPDES General Permit), article 19 (Air Pollution Control), article 23, title 27 (Mined Land Reclamation), and article 70 (Uniform Procedures); and pursuant to 6 NYCRR part 200 et seq. (Air Resources), parts 420 to 425 (Mined Land Reclamation), part 608 (Use and Protection of Waters), section 608.9 (Water Quality Certifications), part 617 (State Environmental Quality Review), part 621 (Uniform Procedures), and part 624 (Permit Hearing Procedures).
JAMES T. McCLYMONDS
CHIEF ADMINISTRATIVE LAW JUDGE
Albany, New York
May 1, 2007