Department of Environmental Conservation

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ST Coots LLC

October 22, 2014

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC COMMENT PERIOD
NOTICE OF PUBLIC STATEMENT HEARING

Applicant: S T COOTS LLC
7421 CO RTE 16
BATH, NY 14810

Project Location: ST COOTS LLC - SAVONA SITE
SOUTH SIDE of PLATT HILL RD and EAST SIDE of ST RTE 415
BATH, NY

DEC Application No.: 8-4624-00183/00001

Project Description: The applicant proposes to develop and operate a new 58.5 acre surface sand and gravel mine within a 67 acre property in the Town of Bath. The proposed mine site is located on the George and Michael Zemak property, on the east side of NYS Route 415 and south side of Platt Hill Road.

Excavation will be by front end loader, excavator, and bulldozer, with materials mined to a depth of 45 to 50 feet below the current surface. Mining will be above the local water table on the eastern side of the site but will extend to approximately 30 feet below the local water table at the lower western side of the site. This will create a permanent 15.1 acre pond on the site. Mining is proposed to remove 4,000,000 tons of sand and gravel from the mine site over an operational life of 16 to 20 years. Material will be processed by washing, crushing, and screening. Prior to the start of processing operations, topsoil and overburden berms will be placed along the north and south borders of the mine area, and will remain in place after final reclamation.

The water surface elevation of the pond will be dependent on groundwater level in rapidly permeable material, with no direct outlet to surface waters. The remaining Life of Mine area surrounding the pond will be graded no steeper than 1 vertical to 1.5 horizontal, and seeded to establish permanent vegetative cover.

Plans show grades that will retain storm water runoff within the mined area and allow infiltration into the soil. No off site discharges are proposed. The Line of Mine area contains no streams or NY State regulated freshwater wetlands. Hours of operation proposed are 7 AM to 7 PM Monday through Friday, and 7 AM to 5 PM Saturdays, with no work on Sundays or legal holidays.

Public Statement Hearing: Pursuant to 6 NYCRR 621.8, the New York State Department of Environmental Conservation (NYSDEC) has scheduled a public statement hearing to be conducted on November 13, 2014 at the Haverling High School auditorium , 25 Ellas Avenue, Bath NY 14810, 607-776-3301. The hearing will begin at 6:00 pm . The comment session is to receive unsworn comments on the proposed project. Written comments may also be submitted to the Department contact person identified below by Monday, November 17, 2014.

All persons, organizations, corporations, or government agencies who may be affected by the proposed permits are invited to attend the hearing and to submit oral or written comments on the application. It is not necessary to file in advance to speak at the hearing. Lengthy comments should be submitted in writing. Equal weight will be given to both oral and written statements. the administrative law judge (ALJ) may limit the time available for oral comments to 5 minutes per person to ensure that all persons have an opportunity to be heard. The hearing facility is reasonably accessible to the mobility impaired.

Translator services shall be made available, at no charge, upon written request to the ALJ. All requests must be made to the NYSDEC Office of Hearings and Mediation Services, ALJ Molly T. McBride, 625 Broadway, First Floor, Albany, New York, 12233-1550, phone (518) 402-9003. The request must be received no later than 4:00 p.m. on November 5, 2014. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at the address listed above by November 5, 2014.

SEQR Status:

Pursuant to Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) and Environmental Conservation Law (ECL) Article 8 (State Environmental Quality Review [SEQR] Act)], the project is Type I Action and the NYSDEC, as lead agency, has determined that it will not have a significant adverse impact on the environment. A Negative Declaration is on file. A coordinated review was performed.

Document Availability:

Hard copies of application materials are available for inspection during normal business hours at the following locations:

Bath Town Hall
110 Liberty St
Bath NY 14810

Savona Village Hall
15 Mccoy St
Savona NY& 14879

NYSDEC Region 8
6274 E Avon-Lima Rd
Avon NY 14414

How To Provide Your Comments: Any interested person may submit comments in writing, or verbally at the public comment session. All comments will be considered in making the final decision about issuance of the permit. Written comments about the permit application must be RECEIVED BY NOVEMBER 17, 2014 to be considered and should be sent to:

Roger T McDonough
NYSDEC Region 8
6274 E Avon-Lima Rd
Avon NY 14414
(585) 226-5391

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