Town of Cortlandville - Cortlandville Sand & Gravel Mine – Vertical and Horizontal Expansion
Combined Notice of Complete Application, Acceptance of Draft Environmental Impact Statement, Notice of Public Hearing and Public Comment Period
Name of Action:
Cortlandville Sand & Gravel Mine – Vertical and Horizontal Expansion
Applicant:
Rt 13 Rocks, LLC
765 NYS Route 13
Cortland, New York 13045
Location:
The mine is located in the Town of Cortlandville, Cortland County, southwest of the City of Cortland, west of Route 13 and south of Lime Hollow Road. Lime Hollow Nature Center is located west of the mine.
NYSDEC Applications and ID Numbers:
Article 23, Mined Land Reclamation, DEC #: 7-1122-00043/00008 (MLR #: 70436)
Project Description:
Rt 13 Rocks, LLC, operates the Cortlandville Sand & Gravel Mine, which consists of a 66.8-acre Life-of-Mine area on approximately 120 acres of land. Mining below the water table is not currently permitted. The applicant proposes to modify the existing Mined Land Reclamation Permit to allow the following: vertical expansion of the existing mine that would include mining sand and gravel up to 100 feet below the local water table; a lateral expansion of 10.1 acres; and the removal of 0.4 acres of unaffected land from the existing Life-of-Mine area in the northwest.
As proposed, the total area of the mine will be 76.5 acres. Surface mining will continue utilizing standard mechanical equipment, however, as mining proceeds below the water table, mining equipment will include a wireline dredge, a hydraulic dredge, and a long stick excavator operating from the banks of the resulting pond. A total of approximately 10.5 million cubic yards of aggregate sand and gravel is estimated to be removed from the site. Material will be stockpiled as unprocessed “run-of-bank” material or processed with portable screens and crushers. Once sand and gravel resources are exhausted from the outwash deposit, the site will be reclaimed as a 52.4-acre pond with graded, revegetated slopes.
State Environmental Quality Review Act (SEQR):
The project is a Type I Action as designated by 6 NYCRR §617.4(b)(6)(i). New York State Department of Environmental Conservation (NYS DEC), as the SEQR lead agency, issued a positive declaration on May 12, 2021, requiring preparation of a Draft Environmental Impact Statement (Draft EIS). A Draft EIS has been prepared and NYS DEC, as lead agency, has determined that the Draft EIS is adequate for public review and comment. As noted further below, written public comments will be accepted on the Draft EIS until Friday, August 9, 2024. In addition, pursuant to 6 NYCRR §617.9(a)(4), NYSDEC has made the determination to hold a public hearing, the details of which are provided below in the public comment hearing section of this notice.
Notice of Complete Application:
NYS DEC has determined that the Mined Land Reclamation (ECL Article 23) permit modification application filed for the proposal is complete for purposes of further NYS DEC review and public comment pursuant to 6 NYCRR §621.7. As noted further below, written public comments will be accepted on the application until Friday, August 9, 2024.
Additional Regulatory Provisions:
State Historic Preservation Act (SHPA) Determination: Based on the information provided in cultural resources survey reports for this project, the New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) has determined that the proposed activity will have an impact on registered or eligible archaeological sites or historic structures. Measures have been undertaken in consultation with NYS OPRHP to avoid impacts to registered or eligible resources. These agreed upon measures conclude the SHPA review.
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.
Document Availability: The Draft EIS, which includes permit application materials, is available for public review at the locations listed below during normal business hours, and on the internet at the website listed below:
In-Person Review:
NYDEC - Region 7 Sub-Office
1285 Fisher Avenue
Cortland, NY 13045
(607) 753-3095, ext. 202
On-line for viewing and downloading at:
https://cortlandvillesandandgravel.com.
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act; “SEQR”) of the Environmental Conservation Law, and pursuant to Part 621 of the implementing regulations pertaining to Article 70 (New York State Uniform Procedures Act; “UPA”) of the Environmental Conservation Law.
NYS DEC, as lead agency, has accepted a Draft Environmental Impact Statement (Draft EIS) for the proposed action. In addition, NYS DEC has determined that an in-person public comment hearing will be held on Tuesday, July 23 at 6:00 p.m. to accept unsworn, oral comments on the Draft EIS, and the Article 23 Mined Land Reclamation permit modification application. Written comments on the Draft EIS and Permit Application will be accepted by the Department until Friday, August 9, 2024.
Public Comment Hearing:
On July 23, 2024, at 6:00 p.m., an in-person public comment hearing will be held before Administrative Law Judge (ALJ) Daniel P. O'Connell at the Cortlandville Masonic Lodge, 1883 Route 13, N. Cortland, NY 13045. The lodge is accessible to persons with mobility impairments.
At the in-person public comment hearing, Judge O’Connell will receive unsworn statements from the public on the permit application and the Draft EIS. All persons, organizations, corporations, or government agencies that may be affected by the proposed project are invited to attend the hearing and to submit oral comments on the Draft EIS and application. The ALJ may restrict the time available for each speaker to ensure that all persons will have an opportunity to be heard. It is recommended that lengthy comments be submitted in writing. Written comments regarding these applications may also be filed with the Regional Permit Administrator as indicated below. Equal weight will be given to both oral comments recorded at the hearing and written comments received throughout the comment period.
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 10 calendar days before the meeting, Friday, July 12, 2024. Requests can be directed to the NYS DEC Division of Communication, Education, and Engagement, either by mail: NYS DEC, 625 Broadway, Albany, NY 12233-4500, Phone: (518) 402-8044, or E-mail: [email protected].
Written Public Comments:
All interested parties may submit written comment concerning the Draft EIS and permit application at the hearing, and to the NYS DEC Contact Person listed below by Friday, August 9, 2024. Comments sent by U.S. Postal mail must be postmarked no later than Friday, August 9, 2024. E-mail comments may be sent to [email protected], and must be received by 5:00 p.m. (EDT), Friday, August 9, 2024. If sending comments via email, please include “Cortlandville Sand & Gravel Mine” in the subject line.
Jonathan Stercho
NYSDEC Region 7 Headquarters
5786 Widewaters Pkwy
Syracuse, 13214
