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Buffalo Crushed Stone, Inc.

August 29, 2007

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING
NOTICE OF ACCEPTANCE OF DRAFT ENVIRONMENTAL IMPACT STATEMENT
NOTICE OF COMPLETE APPLICATION

DATE: August 29, 2007

APPLICANT: Buffalo Crushed Stone, Inc.
2544 Clinton Street, West Seneca, New York 14224

NYSDEC APPLICATION ID: 9-1430-00014/00011

PERMITS APPLIED FOR: Article 23, Title 27: Mined Land Reclamation

FACILITY: Buffalo Crushed Stone - Como Park Boulevard (Cheektowaga) Quarry
500 Como Park Boulevard, Cheektowaga, New York 14227

PROJECT DESCRIPTION: The New York State Department of Environmental Conservation (DEC), as State Environmental Quality Review Act (SEQR) Lead Agency, has accepted a Draft Environmental Impact Statement (EIS) on the proposed Modification of Permit to Mine at the Como Park Boulevard Quarry located in the Town of Cheektowaga, Erie County. The proposed action is the mining of approximately 40 acres of land between the east and west basins of an existing hard rock (limestone) quarry. The proposed action would relocate asphalt and rock crushing plants and material stockpiles to the bottom of the east basin more than 100 feet below grade and will extend the life of the mine by about 20 years.

Notice of Complete Application: Applicant was notified by letter dated August 29, 2007 that the application was complete.

DEC Staff Position: The Department has prepared a draft permit for the proposed facility. The draft permit will allow for a draft Mined Land Reclamation Permit for the proposed modification. The draft Mined Land Reclamation Permit will allow for the mining of approximately 40 acres of land between the east and west basins of the existing quarry. The proposed action would extend the life of the mine by about 20 years. The draft permit represents a tentative determination and does not signify Departmental approval for or endorsement of the proposed project.

Public Hearing and Issues Conference: A legislative hearing on the application and the Draft EIS will be held to receive unsworn statements from the public on October 15, 2007. There will be two hearing sessions, the first at 3:00 p.m. and the second beginning at 6:30 p.m. at the following location:

Bellevue Fire Hall
511 Como Park Boulevard
Cheektowaga, New York 14227

All persons, organizations, corporations or government agencies that may be affected by the proposed project are invited to attend the legislative hearing and to submit oral comments on the Draft EIS, application and draft permit. No prior filing is required to participate. However, the ALJ may restrict the time available to 5 minutes for each person, to ensure that all persons will have an opportunity to be heard. It is recommended that lengthy comments be submitted in writing at the hearing. 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 identified below, at least ten (10) business days prior to the hearing.

Written Public Comments: All interested parties may submit written comments at the hearing or by mail no later than October 10, 2007 to Administrative Law Judge Molly T. McBride, NYS Department of Environmental Conservation, Office of Hearings and Mediation, 625 Broadway, 1st Floor, Albany, NY 12233-1550, with a copy to David Denk, New York State Department of Environmental Conservation, Region 9, Division of Environmental Permits, 270 Michigan Avenue, Buffalo, New York 14203-2999. Equal weight will be given to both oral and written comments.

Issues Conference: A pre-adjudicatory issues conference will be held on October 16, 2007 at 9:00 A.M. at

Bellevue Fire Hall
511 Como Park Boulevard
Cheektowaga, New York 14227

The purpose of the issues conference is to define, narrow and if possible, resolve proposed adjudicable issues concerning the action which is being proposed. The Issues Conference may be canceled if no petitions for party status are timely filed. An adjudicatory hearing, if necessary, will be scheduled for a later date.

Filing for Party Status: Party status to participate at the adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status, pursuant to 6 NYCRR 624.5 and 624.4. A petitioner for party status must demonstrate that a substantive and significant issue exists concerning the proposed permit. The DEC Staff and the Applicant/Permittee are parties to the hearing under the procedures in 6 NYCRR Part 624. Please see 6 NYCRR 624.4 and 624.5 for further information on party status and identification of issues.

All petitions seeking party status must be received by 4:00 p.m. on October 1, 2007. One copy of any petition requesting either full party status or amicus status must be served upon the following individuals:

(1) Administrative Law Judge Molly T. McBride, NYSDEC Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, NY 12233-1550;

(2) David Stever, Esq., NYSDEC Region 9, 270 Michigan Avenue, Buffalo, New York 14203-2999; and

(3) Joseph LaRaiso, Buffalo Crushed Stone, Inc 2544 Clinton Street, West Seneca, New York 14224.

The permit application and supporting materials as well as the Draft EIS and the Department's draft permit are available for review at the following locations during normal business hours:

NYS Department of Environmental Conservation
270 Michigan Avenue
Buffalo, New York 14203-2999
Contact Person: David S. Denk
(716) 851-7165

Buffalo Crushed Stone, Inc.
2544 Clinton Street
West Seneca, New York 14224
Contact Person: Joseph S. Laraiso
(716) 826-7310

Town of Cheektowaga Town Hall
3301 Broadway
Cheektowaga, New York 14227
Contact Person: Town Clerk
(716) 686-3400

Cheektowaga Public Library
1030 Losson Road
Cheektowaga, New York 14227
Contact Person: Document Custodian
(716) 668-4991

The Draft EIS can be accessed through the applicant's website at: http://www.buffalocrushedstone.com/

STATE ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA") DETERMINATION: The project is a Type I Action. A Draft Supplemental Environmental Impact Statement has been prepared. New York State Department of Environmental Conservation (Region 9 - see contact address below) is the SEQR Lead Agency.

STATE HISTORIC PRESERVATION ACT ("SHPA") DETERMINATION: Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

STATUTORY and REGULATORY PROVISIONS: ECL Article 23 (Minded Land Reclamation); Part 617 (SEQRA); Part 621 (Uniform Procedures); and Part 624 (Permit Hearing Procedures).

August 29, 2007
Albany, New York

JAMES T. MCCLYMONDS
CHIEF ADMINISTRATIVE LAW JUDGE

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