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M.J.L. Crushing, LLC

October 31, 2007

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING

DATE: October 31, 2007

APPLICANT: M.J.L. Crushing, LLC
6606 Old Indian River Road
Castorland, New York 13620

NYSDEC APPLICATION ID: 6-2336-00062/00001 (DART)
DEC Mine File# 61069

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

FACILITY: M.J.L. Crushing, LLL
Route 26
North Lowville, New York

PROJECT DESCRIPTION: Develop and operate a 25.96 acre limestone quarry on a 33.8 acre parcel owned by the applicant, approximately one mile north of the Village of Lowville, west of NYS Route 26. On-site processing would take place, including: crushing, screening, and stockpiling. Blasting would take place three to five times per year. Mining would take place below the local water table, and pumping to a retention basin is proposed. It is anticipated that 150,000 to 300,000 tons of material would be removed per year, with a mine life anticipated at 15 years.

NOTICE OF COMPLETE APPLICATION: Applicant was notified by letter dated August 1, 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 project. It is the Department's position that the applicant has demonstrated that they will be able to comply with all statutory requirements of the Environmental Conservation Law (ECL) and that a permit should be issued.

PUBLIC HEARING: A legislative hearing on the application will be held to receive unsworn statements from the public pursuant to Title 6 of the New York Compilation of Codes, Rules and Regulations ( NYCRR) Part 621 on December 4, 2007 at 6:30 p.m. at the following location:

Lowville Town Hall
5533 Bostwick Street
Lowville, New York 13367

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 application. 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 December 4, 2007 to Mark Wiggins, Environmental Analyst, DEC Region 6, Dulles State Office Building, 317 Washington Street, Watertown, New York 13601-3787. Equal weight will be given to both oral and written comments.

The permit application and supporting materials are available for review at the NYS Department of Environmental Conservation Region 6 Office, Dulles State Office Building, 317 Washington Street, Watertown, New York 13601-3787.

STATE ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA") DETERMINATION: Pursuant to the State Environmental Quality Review Act (SEQR, ECL Article 8 and 6 NYCRR Part 617), the Department, as lead agency, has determined that the project will not result in significant adverse environmental impact issued a Negative Declaration on August 1, 2007.

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).

October 31, 2007
Albany, New York

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