Department of Environmental Conservation

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Nicholas F. Domain Sand & Gravel Company

August 22, 2018

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF PUBLIC LEGISLATIVE HEARING, ISSUES CONFERENCE,
AND ADJUDICATORY HEARING

Permittee: Nicholas F. Domain Sand & Gravel Company
2441 NYS Route 22
Dover Plains, NY 12522

Project Location: Property immediately west of NYS Route 22 and south of West Duncan Hill Road, approximately 2.75 miles south of the hamlet of Dover Plains, Dutchess County, New York.

Permittee's Representative: Raymond Demers, 2441 NYS Route 22, Dover Plains, NY 12522

Permittee's Counsel: George J. Calcagnini, Esq., 376 Route 202, Somers, NY 10589

DEC Permit No.:3-1326-00092/00003

Mine ID No.: 30370

Project Description: The Department of Environmental Conservation (DEC) authorized Nicholas F. Doman Sand & Gravel Company (Domain or permittee) to conduct mining and post-mining reclamation activities at the project location by a permit renewal issued on May 26, 2017. DEC staff now proposes to modify the permit, and a Notice of Intent to Modify a Permit was issued on July 16, 2018.

As stated in the July 16, 2018 Notice of Intent to Modify, DEC staff proposes the following modifications to this permit: "Immediately upon the effective date of this modification, the permittee shall cease all mining activities on the Judson property including excavation, blasting, processing and removal of minerals." The Notice of Intent to Modify stated further that permittee would be required to commence final reclamation on the Judson property. Mining and material processing on the other two properties are authorized under the existing permit. On July 30, 2018, permittee requested a hearing on the proposed modification.

As noted below, documents relating to the proposed permit modification may be viewed at the DEC office in New Paltz.

SEQRA Status: The project is a Type II Action under Environmental Conservation Law (ECL) article 8 (State Environmental Quality Review Act [SEQRA]) and 6 NYCRR 617.5(c)(26).

Public Legislative Hearing: A legislative hearing pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public will be held on Wednesday, September 26, 2018, beginning at 9:00 a.m., at the Town of Dover Town Hall, 126 East Duncan Hill Road, Dover Plains, New York. All persons, organizations, corporations, or government agencies who may be affected are invited to attend the hearing and comment on the proposed modification. Lengthy comments should be submitted in writing. Equal weight will be given to oral and written statements. The administrative law judge (ALJ) may limit the time available for oral comments to 5 minutes per person to ensure that all persons have an opportunity to be heard. This location is reasonably accessible to persons with a mobility impairment.

Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request to the ALJ at the address below. Requests must be made at least seven days prior to the hearing.

Written Public Comments: Written comments concerning the application and draft permit may be mailed to ALJ Maria E. Villa at DEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550, and will be considered equally with oral statements given at the legislative hearing, provided they are received by Tuesday, September 25, 2018.

Issues Conference: A pre-adjudicatory issues conference will be held immediately following the legislative hearing on Wednesday, September 26, 2018. The adjudicatory hearing will follow immediately thereafter, and will continue, if necessary, on dates to be determined. The purpose of the issues conference is to define, narrow and, if possible, resolve the issues that are proposed as subjects for adjudication. The known issues are the permittee's objections to the Department's proposed modification to permit 3-1326-00092/00003. Other issues may be proposed for adjudication and must be both substantive and significant in accordance with 6 NYCRR 624.4(c). Participation at the issues conference will be limited to Department staff, permittee, and those persons who have filed a petition for party status as detailed below.

Filing for Party Status and Proposed Issues: Persons seeking to participate at the issues conference and the subsequent adjudicatory hearing must file a written petition explaining whether their request is for full party status or amicus status. For the required contents of petitions for full party status, see 6 NYCRR 624.5(b)(1) and (2). To determine whether an issue is substantive, see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition seeking amicus status, see 6 NYCRR 624.5(b)(1) and (3).

All petitions requesting party status to participate at the adjudicatory hearing must be received at DEC's Office of Hearings and Mediation Services no later than 4:00 p.m. on Monday, September 24, 2018. Address all petitions to ALJ Maria E. Villa, DEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550, telephone: (518) 402-9003, email: maria.villa@dec.ny.gov. At the same time and in the same manner that the petition is furnished to the ALJ, a copy of the petition must be furnished to permittee's attorney, George J. Calcagnini, Esq., 376 Route 202, Somers, New York, 12207, telephone: (914) 277-2255, email: gcalcagnin@aol.com; to Cory A. Poolman, Esq., attorney for Rita Judson, McCabe & Mack LLP, 63 Washington Street, P. O. Box 509, Poughkeepsie, New York, 12602-0509, telephone (845) 486-6800, email: cpoolman@mccm.com; and to Department staff's attorney, Lara Quintiliani Olivieri, Esq., Senior Attorney, Office of General Counsel, DEC Region 3 Office, 21 South Putt Corners Road, New Paltz, New York 12561, telephone: (845) 256-2254, email: lara.quintilianiolivieri@dec.ny.gov.

Filing of petitions by email is authorized provided petitions are received by all of the above parties by the 4:00 p.m. deadline, and a conforming hard copy is sent to all of the above parties by first class mail and postmarked by the deadline date. Telefaxed petitions will not be accepted.

DEC's permit hearing regulations and a guide to permit hearing procedures are available on the DEC website.

Adjudicatory Hearing: An adjudicatory hearing will be held immediately following the issues conference. Participation at the adjudicatory hearing will be limited to Department staff, permittee, and those persons who have been granted party status.

Document Availability: Filed application documents and the existing permit are available for inspection during normal business hours at DEC's Region 3 Office, 21 South Putt Corners Road, New Paltz, New York 12561. To ensure timely service at the time of inspection, it is recommended that an appointment be made with Diane Vitarius in the DEC Region 3 office at (845) 256-3052.

Statutory and Regulatory Provisions: This proceeding is being conducted according to ECL article 3 (General Functions), article 8 (State Environmental Quality Review Act, [SEQRA]), article 23 (Mineral Resources, and article 70 (Uniform Procedures); and 6 NYCRR parts 420-425, part 617 (SEQR), part 621 (Uniform Procedures), and part 624 (Permit Hearings Procedures).

James T. McClymonds
Chief Administrative Law Judge

August 22, 2018
Albany, New York

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