Department of Environmental Conservation

D E C banner

Warren W. Fane, Inc.

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
625 Broadway, Albany, New York

NOTICE OF COMPLETION OF DRAFT ENVIRONMENTAL IMPACT
STATEMENT (DEIS) NOTICE OF COMPLETE APPLICATIONS

NOTICE OF PUBLIC COMMENT PERIOD
NOTICE OF LEGISLATIVE PUBLIC COMMENT HEARING

Date: July 18, 2018

DEC Application Numbers: 4-3842-00020/00001 (Mining Permit)
4-3842-00020/00012 (Stream Disturbance Permit)
4-3842-00020/00013 (Freshwater Wetland/Water Quality Certification)

APPLICANT: Warren W. Fane, Inc., 62 Leversee Road, Troy, NY 12182

PROJECT TITLE: Hemstreet Park Pit

PERMITS APPLIED FOR: 6 NYCRR Part 421 Mining Permit
Article 15 Stream Disturbance Permit
Section 401 Water Quality Certification

SEQR LEAD AGENCY: New York State Department of Environmental Conservation (DEC)

A Draft Environmental Impact Statement (DEIS) has been prepared by the applicant for this action and has been accepted by the Lead Agency for the purposes of public review and comment.

PROJECT DESCRIPTION:

Warren W. Fane, Inc., seeks the necessary permits to expand the life of mine area at the Hemstreet Park Mine from 165 acres to 270.5 acres to accommodate aggregate mining, intra-mine haulage roads and stormwater control features. The project would impact approximately 225 linear feet of two Class C(T) streams and approximately 0.3 acres of federal wetlands.

Persons wishing to inspect the subject application files, including all relevant supporting materials, the DEIS, 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.

STATUTORY AND REGULATORY PROVISIONS:

These applications were filed and reviewed pursuant to Environmental Conservation Law ("ECL") Article 3, Title 3 (General Functions), Article 8 (State Environmental Quality Review), and Article 70 (Uniform Procedures), and pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6NYCRR) Part 617 (State Environmental Quality Review), Part 621 (Uniform Procedures), and Parts 420-426 (Mineral Resources/Mined Land Reclamation).

PUBLIC HEARING AND WRITTEN COMMENT PERIOD:

All persons, organizations, corporations or government agencies which may be affected by the proposed project are invited to comment on the applications.

A Legislative Public Comment Hearing on the applications will be held to receive unsworn statements from the public on August 14, 2018, at 6:00 p.m. at the Schaghticoke Town Hall, located at 290 Northline Drive, Melrose, NY.

All persons having an interest in this project are urged to attend or be represented either individually or collectively. It is not necessary to file a written request in advance to speak at the legislative hearing. Written statements and comments on the application are encouraged, and any statements and comments may be filed prior to, or at the hearing, but no later than the deadline for written comments, which is August 24, 2018. Written comments must be submitted to the attention of: Nancy Baker, Regional Permit Administrator, NYSDEC, 1130 North Westcott Road, Schenectady, NY 12306.

This hearing location is reasonably accessible to persons with a mobility impairment. 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 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 August 8, 2018. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at the address listed above by August 8, 2018.

Following the hearing, the Department will make a determination on whether substantive or significant issues have been raised as defined in 6 NYCRR Part 621 Uniform Procedures, and an Adjudicatory Public Hearing should be scheduled before an Administrative Law Judge. In order to raise substantive and significant issues, written comments expressing objections to or opposition to the application must explain the basis of that opposition and identify the specific grounds which could lead the Department to deny or impose significant permit conditions on the project.

A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.ny.gov/permits/6234.html

DOCUMENT AVAILABILITY:

The permit application documents and the Draft Environmental Impact Statement (DEIS) for this project are available for review online at http://www.griggs-lang.com/ and at the following locations:

Arvilla E. Diver Library, 136 Main Street, Schaghticoke, NY 12154
Schaghticoke Town Clerks Office, 290 Northline Drive, Melrose, NY 12121
NYS DEC Region 4 Headquarters, 1130 North Westcott Road, Schenectady, NY 12306

Contact: Nancy M. Baker, Regional Permit Administrator, NYS Department of Environmental Conservation, Region 4, 1130 North Westcott Road, Schenectady, NY 12306; (518) 357-2452.
Email: nancy.baker@dec.ny.gov

  • PDF Help
  • For help with PDFs on this page, please call 518-402-9003.
  • Contact for this Page
  • Office of Hearings and Mediation Services
    NYS DEC
    625 Broadway, 1st Floor
    Albany, New York 12233-1550
    518-402-9003
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions