ENB Region 5 Completed Applications 08/02/2006

The applicants has proposed the development of a new hard rock quarry, totaling +/-6.5 Life of Mine (LOM) acres, located within a portion of +/-215-acre non-contiguous parcel under their ownership. The mine will operate to procure building stone in block and slab form as a traditional surface opening extraction of consolidated rock by means of drilling, blasting and mechanical excavating, above the water table.  There will be no processing on-site, although the rough blocks and slabs will be trimmed to minimize the off-site transportation of waste rock. The expected mineral removal is stated as 100,000 cubic yards over a period of 20 years. The proposed reclamation will consist of a 1.25 to 1.5-acre pond of ~25 feet in depth, with the remainder of the site to be graded and vegetated. The site is located on the base of the Battle Hill ridge, and is adjacent to and accessible from the west side of US Route 4, approximately 1.25 miles south of Kelsey Pond Road.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application that renews the existing Title V facility permit for the applicant's specialty paper mill. The renewed permit does not increase allowable emissions and will include new National Emission Standards for Hazardous Air Pollutants(NESHAP) for paper and other web coating operations. In addition,monitoring requirement descriptions have been updated and clarified.

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.  The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.

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 public 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 web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.