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Genesee LeRoy Stone Corp. - Ruling, August 7, 1995

Ruling, August 7, 1995

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of the

Application of Genesee LeRoy Stone Corp. for a Modification of its Mined Land Reclamation Permit
pursuant to Environmental Conservation Law Article 23 Title 27 and Title 6
of the Official Compilation of Codes Rules and Regulations of
the State of New York Parts 420 et seq.

File No.8-3426-0004/00001-0

On June 28, 1995, Notice was issued to the persons appearing on the Interim Mailing List (revised 4/18/95, attached) which:

On June 28, 1995, Notice was issued to the persons appearing on the Interim Mailing List (revised 4/18/95, attached) which:

(1) advised that the Applicant, DEC Region 8 Staff, and Town of Clarendon had agreed on a settlement of all outstanding issues which previously existed among them;

(2) transmitted copies of the documents (including a Draft Permit) which embodied the terms of the settlement and supported DEC Staff's determinations that the settlement was within the scope of the pending application and would not result in any significant environmental effects;

(3) advised that the need for formal rulings on Party Status and Issues and/or an adjudicatory hearing would depend upon whether or not the remaining Potential Parties wished to advance a "substantive and significant" issue for adjudication after considering the new information in the documents;

(4) directed Potential Parties who, after considering the new information, wished to assert that there are still issues requiring adjudication, to make a submission to the undersigned postmarked no later than July 28, 1995 which identifies the proposed issue, cites any statutory or regulatory criteria which would not be met by the modified Proposed Project (as conditioned by the revised Draft Permit), generally describes the evidence that the Potential Party wishes to present at hearing, and identifies the witnesses who would address the proposed issue; and

(5) advised that potential issues that might have been mentioned on prior occasions but which are not discussed in the new submissions would be deemed withdrawn and that any Potential Party not making a submission would be deemed to have withdrawn their request for Party Status.

The filing deadline of July 28, 1995 plus a reasonable amount of time to account for the delay of the mail (one week) has now passed.

No filings have been received. Therefore it is,

Ruled that there are no issues to be adjudicated.

ORDER OF DISPOSITION

Absent the existence of issues requiring adjudication, pursuant to 6 NYCRR 624.4(c)(5) the adjudicatory hearing is hereby cancelled, and the applications are hereby remanded to Region 8 Department Staff for continued processing as may be required, leading to finalization of the Environmental Impact Statement and issuance of the permit as it appeared in the Draft Permit distributed in the June 28, 1995 Notice.

_____________/s/_____________
Albany, New York Frank Montecalvo
Administrative Law Judge

August 7, 1995

TO: Interim Mailing List Revised 4/18/95 (attached)

GENESEE LeROY STONE CORP.

DEC Project No. 8-3426-00004/00001-0

Interim Mailing List (Revised 4/18/95)

Applicant

Paul S. Boylan, Esq.
Boylan & Boylan
45 West Main Street
LeRoy, NY 14482

Administrative Law Judge

Frank Montecalvo, Esq.
NYSDEC - Office of Hearings
50 Wolf Road, Room 409
Albany, NY 12233-1550

Department Staff Town of Clarendon

Leo Bracci, Esq. Karl S. Essler, Esq.
NYSDEC - Region 8 Fix, Spindelman, Turk,
6274 East Avon-Lima Road Himelein and Shukoff
Avon, NY 14414 Two State Street
Rochester, NY 14614-1396

Kathleen Parnell
4718 Upper Holley Road
Holley, NY 14470

Gerald Robinson
4776 Upper Holley Road
Holley, NY 14470

Alan J. Isselhard
16336 Church Street,
Holley, NY 14470

Margery Cole
R D 1 129 West Albion Street
Holley, NY 14470

Lewis Bowen
4789 Upper Holly Road
Holley, NY 14470

Frank Montecalvo, Esq.
NYSDEC - Office of Hearings
50 Wolf Road, Room 409
Albany, NY 12233-1550

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