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Elam Sand and Gravel

August 15, 2011

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING
NOTICE OF ISSUES CONFERENCE

DATE: August 15, 2011

APPLICANT: Elam Sand and Gravel, Corp.
8222 Routes 5 & 20
West Bloomfield, New York 14585

NYSDEC APPLICATION ID: 8-3250 -00031-00001

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

FACILITY: Elam Sand and Gravel
Strong Road
West Bloomfield, New York 14585

PROJECT DESCRIPTION: The Applicant has applied to the Department of Environmental Conservation for a permit to develop and operate a new 45 acre surface sand and gravel mine on the north side of Strong Road in the town of West Bloomfield, Ontario County. The mine will operate as a traditional mine with surface extraction of sand and gravel. Mining is not proposed for below the local water table. Excavation will be by mechanical equipment, standard for sand and gravel mining operations, including processing. Maximum processing rates for the screening and crushing operations will not exceed 200 tons per hour and 150 tons per hour, respectively. The consumptive use of ground or surface water resources has not been proposed for this mining operation. No vehicle maintenance or service activities will be conducted at this site. Final reclamation will include the replacement of stockpiled topsoil and will create stabilized, revegetated open space. The mine floor elevation is proposed to be 840 feet above mean sea level (AMSL). The Life-of-Mine (LOM) area reviewed for this proposal is 45 acres.

NOTICE OF COMPLETE APPLICATION: Applicant was notified by letter dated January 19, 2011 that the application was complete.

DEC STAFF POSITION:The Department will issue a draft permit for the proposed facility by August 26, 2011. The draft permit will represent 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 will be held to receive unsworn statements from the public on September 19, 2011. The hearing will begin at 6:00 p.m. at

Bloomfield Central School, Performing Arts Center
Oakmount Road
East Bloomfield, New York

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 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 September 19, 2011 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 Bimber NYS DEC - Region 8 Office, 6274 East Avon-Lima Road, Avon, NY 14414, Phone: (585) 226-5401, E-mail: dlbimber@gw.dec.state.ny.us. Equal weight will be given to both oral and written comments.

Comments must be received by September 19, 2011 to be considered.

ISSUES CONFERENCE: A pre-adjudicatory issues conference will be held on September 20, 2011 at 9:00 a.m. at the

American Legion Post
2475 Route 65
West Bloomfield, New York

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. Participation at the issues conference will be limited to DEC staff, the applicant and those persons requesting party status in advance of the issues conference. 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 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 September 9, 2011. 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) Leo J. Bracci, Esq. NYSDEC Region 8, 6274 East Avon-Lima Road, Avon, NY 14414, attorney for DEC staff;

(3) Joseph Spezio, President, Elam Sand and Gravel, Corp., 8222 Routes 5 & 20, P.O. Box 65, West Bloomfield, NY 14585; and

(4) Peter K. Skivington, Esq. 31 Main Street, Geneseo, New York 14454, attorney for the applicant.

Electronic submissions and service by fax will not be accepted.

DOCUMENT AVAILABILITY: The permit application and supporting materials are available for review at the following locations during normal business hours:

NYS Department of Environmental Conservation
6274 East Avon-Lima Road
Avon, NY 14414270
Contact David Bimber
(585) 226-5401

Town of West Bloomfield Town Hall
County Route 37
West Bloomfield, NY 14585
Contact Scott Storke, Code Enforcement Officer
(585) 624-2942

After August 26, 2011, the draft permit will be available for inspection at the same locations

Also, electronic copies of certain permit related documents will be available on the DEC's public website as soon as possible at http://www.dec.ny.gov/permits/6061.html.

STATE ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA") DETERMINATION: The Department, as lead agency, has determined that the proposed Elam Sand and Gravel Strong Road Mine will not have a significant adverse environmental impact and has issued an amended negative declaration on July 14, 2011. The original negative declaration was issued on January 19, 2011. The original negative declaration was amended based on additional information received by NYS DEC after the original negative declaration was issued. The additional information pertains to ground and surface water, traffic, historical structures, and modifications to the mining plan map and reclamation map as a result of property easements. Based on staff's review of the additional information, NYS DEC reaffirmed the original SEQRA determination, namely that the proposed mine will not result in significant, adverse environmental impacts.

STATUTORY and REGULATORY PROVISIONS: ECL Article 23 (Mined Land Reclamation); 6 NYCRR Part 617 (SEQRA); Part 621 (Uniform Procedures); and Part 624 (Permit Hearing Procedures).

JAMES MCCLYMONDS
CHIEF ADMINISTRATIVE LAW JUDGE

August 15, 2011
Albany, New York

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