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ENB - Region 9 Notices 5/1/2019

Notice of Public Comment Period, Notice of Public Comment Hearing, Notice of Acceptance Of Draft Environmental Impact Statement, Notice of Complete Application


County Line Stone Co., Inc.
4515 Crittenden Road,
Akron, NY 14001


County Line Stone Co., Inc. Akron Quarry
4515 Crittenden Road
Akron, NY 14001

Project Description:

The proposed action involves the expansion of the Akron Quarry, including mining of new areas of land (which is approximately 90.3 acres of excavation) and overburden storage areas (approximately 20.9 acres) adjacent to the existing approved mining area. The total acreage included in this application but not previously approved is 111.2 acres. The new excavation areas will be along Crittenden and Schurr Roads (15.4 acres) in the Town of Newstead and along the east side of the quarry (74.9 acres) in the Town of Pembroke. In addition, the overburden will be stockpiled on either side of Scribner Road (20.9 acres) in the Town of Pembroke. The modification request also includes the realignment of Cohocton and Scribner Roads in the Town of Pembroke to allow the quarry expansion. The proposed reclamation plan is the creation of lakes with perimeter green space and is similar to the existing reclamation plan. The proposed quarry expansion would extend the life of mine for an estimated 25 years.

State Environmental Quality Review Act (SEQR) Status:

The New York State Department of Environmental Conservation (NYS DEC), as the lead agency, determined that the proposal is a Type I Action. The applicant prepared a Draft Environmental Impact Statement (Draft EIS), which is now available for public review and comment.

Permits Applied For:

The following application for the proposed Akron Quarry Expansion has been submitted by County Line Stone Co., Inc. and determined to be complete by the NYS DEC:

  • Article 23, Title 27 (Mined Land Reclamation) of the Environmental Conservation Law
    DEC No. 9-1456-00004/00013
Draft Permit and NYS DEC's Tentative Position:

The NYS DEC has prepared a draft Mined Land Reclamation permit for the proposed Akron Quarry Expansion. The draft permit represents NYS DEC's tentative determination, and does not signify staff's approval for, or endorsement of, the proposal.

Public Comment Hearing:

Pursuant to 6 NYCRR 621.8, a public comment hearing for the receipt of public comments on the permit application and Draft EIS will be held on May 22, 2019 at 6:00 p.m. at the following location:

Village of Corfu Community Center
116 East Main Street
Corfu, NY 14036
Phone: (585) 599-3327

All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to notify NYS DEC in advance to speak at the public comment hearing. Equal weight will be afforded to both oral and written statements. Lengthy statements should be in writing and summarized for oral presentation. The presiding Administrative Law Judge (ALJ) may set reasonable time limits for each speaker to afford everyone an opportunity to be heard. The hearings are fully accessible to persons with a mobility impairment. Interpreter services will be made available to the hearing impaired at no charge upon written request to Molly T. McBride, ALJ, NYS DEC, 625 Broadway, Albany, NY 12233, Phone: (518) 402-9003 no less than one week prior to the hearing.

Opportunity for Public Comment:

Written comments submitted to NYS DEC during this comment period and oral comments given at the Public Comment Hearing are considered part of the record. At the conclusion of the public comment period NYS DEC will determine pursuant to 6 NYCRR 621.8 whether substantive or significant issues have been raised in the public comments or public comment hearing to warrant an Adjudicatory Hearing. If no issues are raised to warrant further adjudication, NYS DEC will proceed to a final permit determination, either denying the permit(s) or issuing the permit(s), which may include developing a response to comments.

Individuals and parties may file written comments to the NYS DEC representative listed below or may submit comments electronically at:

All written filed comments and electronically submitted comments must be received no later than 5:00 p.m. on May 31, 2019.

Availability of Documents:

The Draft EIS, draft permit, permit application and supporting documents are available for review at the following locations during normal business hours:

Pembroke Town Hall
5 Clarence Center Road
P.O. Box 227
Akron, NY 14001

Newstead Town Hall
1145 Main Road
Corfu, NY 14036

NYS DEC - Region 8 Office
6274 Avon-Lima Road (Routes 5 and 20)
Avon, New York 14414-9516

NYS DEC - Region 9 Office
270 Michigan Avenue
Buffalo, New York 14203-2915

The Draft EIS can also be accessed through the following website: (click on Publications to access)

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed. The report of the survey is on file. No archaeological sites or historic structures

were identified at the project location. No further review in accordance with SHPA is required.

Coastal Zone Management:

This project is not located in a Coastal Management Area and therefore is not subject to the Waterfront Revitalization and Coastal Resources Act.

Contact Person:

Mark Passuite
NYSDEC Division of Environmental Permits
270 Michigan Avenue
Buffalo, New York 14203-2915
Phone: (716) 851-7165

Negative Declaration

Allegany County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Herbicide Application to Establish Forest Regeneration will not have a significant adverse environmental impact. The action involves the application of herbicide to approximately 119.3 acres of forest as part of a timber stand improvement to control undesirable regeneration colonizing the understory of the forest stands. Target species include multiflora rose, non-native honeysuckle, buckthorn, autumn olive, Japanese barberry, Eastern hophornbeam, and American beech. Treatment methods will include application to cut stump, basal bark spray, frill or hack and squirt and foliar, to target species only. This will create conditions suitable for seed germination and the establishment of desirable native tree species such as Northern red oak, Red maple, Black cherry and Sugar maple. The abundance of these undesirable plant species present on the site are growing at a density that interferes with the development of desirable forest regeneration. Herbicide application is the most effective way to eliminate undesirable plant species that interfere with the development of desirable forest regeneration. A timber sale is scheduled for these stands in the near future. The project is located in the Turnpike State Forest in the Towns of Almond and West Almond, New York.

Contact: Nathaniel Tucker, NYS DEC - Region 9 Almond Sub Office, Division of Lands and Forests, 2524 County Route 2A, Almond, NY 14804, Phone: (585) 466-3241.

Erie County - The Town of Lancaster, as lead agency, has determined that the proposed PCB Piezatronics will not have a significant adverse environmental impact. The action involves the construction of a new, single story, 31,000 square foot manufacturing facility with the potential for a future 70,000 square foot addition for PCB Piezotronics. Site development will include a total of 84 parking spaces to be constructed initially with a maximum of 164 parking spaces to accommodate the future expansion. Site development will include new water and sewer utility services to be connected to the existing public mains; storm water control features including a detention basin and bio-retention areas and site landscaping. The project is located in the Town of Lancaster, New York.

Contact: Kevin E. Loftus, Town of Lancaster, 21 Central Avenue, Lancaster, NY 14086, Phone: (718) 684-3342, E-mail:

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