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Carver Sand and Gravel, LLC

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF COMPLETION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS)
NOTICE OF COMPLETE APPLICATION
NOTICE OF PUBLIC COMMENT PERIOD
NOTICE OF LEGISLATIVE PUBLIC COMMENT HEARING

DEC Application ID Nos.: 4-4338-00004/00007 Air State Facility
4-4338-00004/00009 Mined Land Reclamation
4-4338-00004/00012 Water Withdrawal non-potable

Applicant: Carver Sand & Gravel, LLC
494 Western Turnpike
Altamont, New York 12009

Project Title: Middleburgh Quarry
New York Route 30, near Frisbieville Lane
Town of Middleburgh, Schoharie County

Permits Applied For: 6 NYCRR Part 421 Mining Permit Modification
6 NYCRR Part 601 Water Withdrawal Permit
6 NYCRR Part 201 Air State Facility Permit

SEQR Lead Agency: NYS Department of Environmental Conservation (DEC)

A draft Environmental Impact Statement (DEIS) has been prepared by the applicant for this Type I action, and has been accepted by the Lead Agency for the purpose of public review and comment.

Project Description: Carver Sand & Gravel, LLC, seeks the necessary permits to expand the life-of-mine area at the Middleburgh Quarry from 106 acres to 160 acres. The applicant proposes to mine a 200-foot +/- thick section of sandstone from an approximately 46-acre area, which is proposed to be added to the life of mine. An additional 9-acre area will be added to the life of mine to accommodate an access road and a conveyor linking the existing operation to the proposed expansion area.

The project includes an application for water withdrawal permit for the use of 3,803,250 gpd of water from on-site ponds and a well for on-site industrial operations (dust suppression equipment stationary and mobile, wash plant operations, and sanitary water for heavy equipment maintenance shop and office/scale house. The Department has also prepared a draft permit and has made a tentative determination to issue a new State Facility Permit to reflect equipment updates at the facility.

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: The application was 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 (6 NYCRR) Part 617 (State Environmental Quality Review), Part 621 (Uniform Procedures) and Parts 420-426 (Mineral Resources/Mined Land Reclamation), Part 201 (Air State Facility), and Part 601 (Water Withdrawal).

Public Hearing and Written Comment Period: A legislative hearing pursuant to 6 NYCRR Part 621 (Uniform Procedures) to hear and receive unsworn comments from the public on the application and the DEIS will be held on October 8, 2020, beginning at 6:00 p.m. The hearing will be conducted electronically through the Webex Events platform.

All persons, organizations, corporations, or government agencies who may be affected by the project are invited to attend the hearing and comment on the application and the DEIS. Instructions on how to attend the hearing are provided below, or by calling (518) 402-9003. Lengthy comments should be submitted in writing. Equal weight will be given to both oral and written statements. The administrative law judge (ALJ) may limit the time available for oral comments to 3 minutes per person, depending on the number of people wishing to speak, to ensure that all persons have an opportunity to be heard.

Because the hearing is being conducted by electronic means, it is reasonably accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons, and English language translator services shall also be made available, at no charge for either service, upon written request to Administrative Law Judge Richard A. Sherman, Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, Frist Floor, Albany, New York 12233-1550. All requests must be received no later than 4:00 pm on October 1, 2020.

Written statements and comments on the application are encouraged, and any statements and comments may be filed prior to the hearing, but no later than the deadline for written comments, which is October 16, 2020. Written comments must be submitted to the attention of Martha Bellinger, Deputy Regional Permit Administrator, NYSDEC, 65561 State Highway 10, Stamford, NY 12167.

Following the hearing, the Department will determine 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 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 website at https://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.carvercompanies.com/middleburgh-quarry-project and at the following locations:

  • Middleburgh Library, 323 Main Street, Middleburgh, New York 12122
  • Middleburgh Town Clerk's Office, 143 Railroad Ave, Middleburgh New York 12122
  • New York State Department of Environmental Conservation Region 4 Sub-Office,
    65561 State Highway 10, Stamford, New York 12167

Contact: Martha A. Bellinger, Deputy Regional Permit Administrator, New York State Department of Environmental Conservation, Region 4 Sub-Office, 65561 State Highway 10, Stamford, New York 12167. Telephone: 607-652-7741. Email: martha.bellinger@dec.ny.gov

Instructions for Attending the Legislative Public Comment Hearing:

To join the hearing through the internet, visit www.webex.com and click "Join."

Event Number: 173 399 9655
Password: Oct8-6PM

To join by phone only:

Dial: 1-518-549-0500
Access Code: 173 399 9655

Persons wishing to comment on the application and the DEIS will have the opportunity to make a statement at the public comment hearing. Any person wishing to provide a public statement must register in advance of the hearing no later than 10:00 a.m. October 1, 2020. Any person may listen to the hearing by phone without pre-registering.

To Register Electronically: Persons who will login to the hearing electronically must register. To register, visit http://www.webex.com, click "Join," input the event number listed above, click "Register," and fill in the requested information. You will be asked whether you wish to make a public statement. After registration is complete, you will receive a confirmation by email with information about how to join the hearing.

To Register by Telephone: Any person who is not able to login electronically may participate by telephone. Call-in participants must register to speak in advance by calling the Office of Hearings and Mediation Services at 518-402-9003 on later than 10:00 a.m. October 1, 2020. Please provide your first and last name, address, email address if any, and telephone number and reference the Middleburgh Quarry public comment hearing.

All participants will be muted upon entry into the hearing. The ALJ will call each person who has requested to provide a statement to speak. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. The ALJ may limit the time available for oral comments to 3 minutes per person, as necessary to afford all participants an opportunity to be heard. We also recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided above. The hearing will be recorded for inclusion in the record.

September 9, 2020
Stamford, New York

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