ENB Region 7 Completed Applications 06/08/2005

To remove 540' (125', 165' and 250') of accumulated gravel in 3 locations along 700' of Tributary 1 of Cascade Creek.  Project is located north and south of Atwell Hill Road and Gulf Summit Road intersection.

The applicant proposes to mine unconsolidated sand and gravel from a 26 acre life-of-mine facility on a 38.4 acre parcel owned by Thomas and Darlene Birmingham at 154 Finnerty Road in the Town of Amboy, Oswego County.   The existing farmland would be mined and reclaimed as farmland after a proposed 15 year life of mine.  The application, mining and reclamation plans are available for review in the Syracuse Office.

The Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law and Title V of the Federal Clean Air Act Amendments, and has made a tentative determination to issue a modified Title V permit for Novelis Corporation located at 448 County Route 1A, Oswego, NY.   This modification would approve the installation and use of two new furnaces and in-line fluxers at the existing facility.

In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.

Persons wishing to inspect the subject Title V 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 listed 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 2 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 exist. A copy of the Department's permit hearing procedures is available upon request or on the Department's web site at: