Town of Dix - Notice of Complete Application, Notice of Public Comment Period, Notice of Legislative Public Comment Hearing for It’s Greener Now Inc
Notice of Complete Application
Notice of Public Comment Period
Notice of Legislative Public Comment Hearing
Applicant:
It’s Greener Now Inc
3362 NYS Route 409
Watkins Glen, NY 14891
Facility:
Padua Gravel Pit
3362 NYS Route 409
Watkins Glen, NY 14891
Application ID:
DEC ID# 8-4424-00006/00001
Permit(s) Applied for:
Mined Land Reclamation Permit (6 NYCRR Parts 420, 421, 422, 423, 424, and 425); and
Project is Located:
3362 NYS Route 409, Village of Watkins Glen, Town of Dix, Schuyler County. The mine is
bound by NYS Route 409 on the west, Watkins Glen State Park on the southwest, and St.
Mary’s Cemetery to the southeast.
Project Description:
The applicant proposes to expand the existing 14.33 acre mine by approximately 60.95
acres, resulting in a total Life of Mine affected area of approximately 75.28 acres. The mine
will continue to operate as a traditional surface extraction of unconsolidated sand and
gravel. Mining will not involve the removal of consolidated bedrock and will occur above the
water table. The proposed expansion would result in the extraction of approximately
3,500,000 cubic yards (CY) of material for a duration of approximately 20 years. A previous
proposal to construct a material transport tunnel under NYS Route 409 and rail siding has
been eliminated. Further, the Life of Mine affected area has been reduced and below groundwater table mining has been removed from the proposed project. The hours of
operation for the expansion will remain the same as the current hours (6:00 a,m, to 8:00 p,m,,
Monday through Saturday). There are no proposed changes in the equipment used for the
operation nor will there be a change in truck traffic. The applicant needs to apply for a new
air facility registration.
A SEQR Negative Declaration was issued on May 14, 2007. Subsequently, an amended
Negative Declaration was issued on December 21, 2007. That decision was later rescinded
and a SEQR Positive Declaration was issued on June 3, 2008. The scoping meeting for the
Draft Environmental Impact Statement (DEIS) was held July 1, 2008. The DEIS was first
received by New York State Department of Environmental Conservation (NYS DEC) May 13, 2019. The last revision to the DEIS was received August 9, 2022 and the last revised Mine Plan Map received February 14, 2023. The DEIS was determined to be sufficient for public review on January 3, 2024.
Legislative Public Comment Hearing:
Pursuant to 6 NYCRR 621.8 (Uniform Procedures), two (2) legislative public comment
hearings for the receipt of unsworn public comments on the Mined Land Reclamation permit
application and DEIS will be held. The first hearing will be held virtually on February 12,
2024 at 6:00 p.m. through the WebEx electronic platform. A second hearing will be held on
February 13, 2024 at 2:00 p.m. at Seneca Lake Events Center at Clute Park, 586 East 4th
Street, Watkins Glen, NY 14891. In the event of inclement weather, the in-person hearing will
be held on February 15, 2024 at 1:00 p.m. at the Seneca Lake Events Center. Instructions for
attending the virtual public comment hearing on February 12, 2024 are shown below. You
may attend any session or both sessions of the public comment hearing.
The first legislative public comment hearing will be conducted electronically through the
Webex Events platform. The virtual legislative public comment hearing will be held before
Administrative Law Judge Molly McBride on:
Date: Monday, February 12, 2024
Time: 6:00 p.m. | (UTC-05:00) Eastern Time (US & Canada)
Webinar Topic: It's Greener Now / Padua Gravel Pit - Virtual Hearing
Weblink:
https://meetny.webex.com/weblink/register/re5993026b245da2ef351e60905cf…
The in-person legislative public comment hearing will be held before Administrative Law
Judge Molly McBride on:
Date: Tuesday, February 13, 2024
Time: 2:00 p.m.
Location: Seneca Lake Events Center at Clute Park
586 East 4th Street
Watkins Glen, NY 14891
All interested persons, organizations, corporations, or government agencies are invited to
attend either hearing and provide comments on the permit application and DEIS. You do
NOT need to speak at both hearings. Written comments submitted to NYS DEC during this
comment period and oral comments given at any of the legislative public comment hearings
are considered part of the official record.
The in-person hearing location is fully accessible to persons with 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. Requests must be received by January 29, 2024, and
directed to NYS DEC - Division of Communication, Education, and Engagement, 625
Broadway, Albany, NY 12233-4500, Phone: (518) 402-8044, E-mail: [email protected].
Instructions to participate in the virtual hearing session on February 12, 2024 may be
accessed at the NYS DEC's website at https://dec.ny.gov/regulatory/notable-projects-documentation. Persons who wish to receive the instructions by mail or telephone may contact the NYS DEC Office of Hearings and Mediation Services by telephone at (518) 402-9003 or by email to [email protected]. Please provide your first and last name, address, and telephone
number and reference the It's Greener Now - Padua Gravel Pit public comment hearing.
Lengthy statements should be in writing and summarized for oral presentation. Reasonable
time limits will be set for each speaker to afford everyone an opportunity to be heard. Equal
weight will be given to both oral and written statements. Written comments submitted to
NYS DEC during this comment period and oral comments given at any of the legislative
public comment hearings are considered part of the official record.
Following the hearing, NYS DEC will determine whether substantive or significant issues
have been raised, as defined in 6 NYCRR Part 621 Uniform Procedures, and whether an
adjudicatory public hearing should be scheduled before an administrative law judge. In
order to raise substantive and significant issues, written and oral comments expressing
objections or opposition to the pending applications must explain the basis of that
opposition and identify the specific grounds which could lead NYS DEC to deny the pending
applications or impose significant permit conditions.
Availability of Application Documents:
Electronic copies of application and DEIS documents and draft permits are available online
at: https://jmt.com/padua-ridge-deis/.
Hard copies as well as an electronic copy of application and DEIS documents are available
for inspection at the following locations during normal business hours:
Watkins Glen Public Library
610 South Decatur Street
Watkins Glen, NY 14891;
https://watkinsglenlibrary.org/.
NYSDEC Region 8 Office
6274 East Avon-Lima Road
Avon, NY 14414
Documents are available Monday-Friday, 9:00am-4:00pm. Please contact Frances Knickmeyer at (585) 226-2466 to view documents.
State Environmental Quality Review (SEQR) Determination:
The Project is subject to SEQR and is a Type I action. Lead Agency was coordinated.
SEQR Lead Agency: NYSDEC
SEQR Lead Agency Determination: Positive Declaration
The NYS DEC, as SEQR lead agency, issued a positive declaration for this facility on June
3, 2008.
State Historic Preservation Act (SHPA) Determination:
A cultural resources survey has been completed and cultural resources were identified.
Based on information in the survey report, the New York State Office of Parks, Recreation
and Historic Preservation (OPRHP) has determined that the proposed activity will have no
adverse impact on registered or eligible archeological sites or historic structures. No further
review in accordance with SHPA is required.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the
Waterfront Revitalization and Coastal Resources Act.
DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)
The proposed action is not subject to CP-29.
Opportunity for Public Comment:
Individuals and parties may mail written comments to the Contact Person listed below or
may submit comments electronically to [email protected].
All comments submitted by mail must be postmarked by February 28, 2024.
All electronically submitted comments must be received no later than 5:00 p.m. on February
28, 2024.
Equal weight is given to written and oral comments.
Frances Knickmyer
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, 14414
