ENB Region 4 Completed Applications 05/07/2003

The applicant is proposing to operate a 5.3 acre Life of Mine quarry (4.6 acres of mine site and 0.7 acres of haul road) for the purpose of quarrying limestone for use in the applicant's existing family construction business.  Rock will be extracted via blasting which is proposed to occur several times per year.  The site is located approximately 1,500 feet west of Old Quarry Road (CR 102), 1,000 feet east of Collabeck Road and 3,400 feet south of the intersection of Collabeck Road and Old Quarry Road (south of Feura Bush) in the Town of Bethlehem, Albany County.

The New York State Department of Environmental Conservation, as lead agency, has accepted a Draft Supplemental Environmental Impact Statement (DSEIS) on the proposed modification of an existing mining permit for the Tomark Bryant Mine.  The applicant proposes to delete 17.7 acres from the life of mine area, and add 14.7 acres to the life of mine in a different location on the parcel.  The modification will result in a net decrease of 3 acres in the approved life of mine, and will move the operation further away from NYS Route 82.  The project includes the installation of a culvert to cross a federally regulated wetland to access the mining area.  No other changes to the method or rate of extraction are proposed.  No more than 12 acres will be affected by mining at any one time over the life of the mining operation.  The site is located on NYS Route 82 in the Town of Ancram, Columbia County.   The application materials and DSEIS are available for inspection at the NYS DEC, Region 4 Office, 1150 North Westcott Road, Schenectady, NY; and at the Ancram Town Hall, County Route 7, Ancram, NY.

Written comments on the proposed modification will be received for 30 days from the date of this notice, and may be sent to the contact person below.  A Legislative Public Hearing has also been tentatively scheduled to be held on Tuesday, June 10, in the new Ancram Town Hall on County Route 7 at 7:00 p.m. to receive public comments relative to the proposed modification.   In lieu of, or in addition to written comments, interested parties may also present their comments during the legislative hearing.  However, if no written requests for a hearing on the proposed action are received by the Department on or before the deadline for written comments (June 6, 2003), the public hearing will be cancelled with a public notice from DEC.

The applicant proposes to renew an existing Mined Land Reclamation Permit, and modify the existing permit to expand the life of mine area from 5 acres to 8.73 acres, and to use a portable screener as market demands require.   Concurrent reclamation is proposed, so that no more than five acres will be permitted to be affected at any one time during the life of the mining operation.  The project is located on County Route 11, one mile south of the intersection of NYS Route 217, in the Town of Claverack, Columbia County.

The Department has proposed an Air State Facility Permit for the application that was received for the Ultra Dairy/Morningstar facility located on 40236 State Highway 10, Town of Delhi, County of Delaware, owned by Morningstar Foods, Inc., 40236 State Highway 10, Delhi, New York.  The facility is involved with the production of various milk products.  The facility includes process equipment and boilers firing No. 4 fuel oil.  In order to continue to remain below the applicability threshold for Title V permitting, the applicant has proposed restricting the potential to emit through enforceable permit conditions which will limit or cap emissions at a level which is less than 100 tons per year for sulfur dioxide.  The applicant has agreed to permit conditions which will limit sulfur dioxide by restricting the fuel oil usage of the boilers.  The facility will be required to maintain records and report this data to verify compliance with permit conditions and limits.

Persons wishing to inspect the subject Air State Facility files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the “permitting authority”) that are relevant to this permitting decision should contact the DEC representative below.  It is recommended that an appointment be made to confirm the availability of the subject files.  The DEC will endeavor to make the files available within two business days of contact, during normal business hours (8:30 AM through 4:45 PM), unless the requestor wishes to inspect the files at a later date.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing.  A public hearing may be legislative or adjudicatory.  A legislative public hearing is a proceeding which provides an additional opportunity for public comment.  DEC’s determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists.  If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments.  The applicant and all persons who have filed comments on the permit will be notified by mail of the public hearing.  Comments and requests for a legislative hearing should be in writing and addressed to the Department representative listed below.

An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination.  An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exists.  A copy of the Department’s permit hearing procedures is available upon request or on the Department’s web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm

The Air State Facility Permit, ID number 4-1228-00002/00007, is available for review at the Region 4 sub-office.  The contact person is John Feltman, NYSDEC, 65561 State Highway 10, Suite 1, Stamford, NY 12167-9503, telephone (607)652-7364.  Comments will be received for 30 days from the date of this notice.  If comments are received which raise significant issues or provide additional relevant information, the Department may modify the draft Air State Facility Permit.

The applicant proposes to transfer and renew an existing permit from T. Corellis to James H. Maloy, Inc., and to modify the existing permit to reduce the life of mine area from 4.8 acres to 3.8 acres.  The project is located at the former Corellis-Hayes Road Mine, Hayes Road, Town of East Greenbush, Rensselaer County.  MLF #407-3-06-0413.