Hearing Notices

None.

None.

Notice of Public Hearing, Public Comment Period and Draft SPDES Permit  

Name of Action: Town of Blooming Grove - Clovewood Project - NYDEC 

Date: February 21, 2024  

Applicant: 
Keen Equities LLC 
4922 11th Ave 
Brooklyn, NY 11219  

Location: 
Clovewood 
505 Clove Rd 
South Blooming Grove, NY  

NYSDEC Applications and ID Numbers:  

Article 17 Titles 7 & 8 P/C/I SPDES - Surface Discharge DEC ID# 3-3320-00150/00001 

Article 15, Title 15 Water Withdrawal Public DEC ID# 3-3320-00150/00002 

Part 182 Endangered/Threatened Species (Incidental Take) DEC ID# 3-3320-00150/00003 

Project Description: The applicant has applied for a Water Withdrawal, SPDES Wastewater, and Incidental Take permit, associated with the construction of a 600-unit residential housing subdivision, including driveways, internal roadways and utilities, stormwater features, community facilities, a wastewater treatment facility and water supply infrastructure, located at 505 Clove Road in the Village of South Blooming Grove, New York, Orange County.   

Virtual Legislative Public Comment Hearing:  

April 3, 2024 at 2:00 pm and 6:00 pm.   

Administrative Law Judge (ALJ) Molly T. McBride presiding 

For information on how to register to make a comment or otherwise participate in the public comment hearing click on the Link at the top of this notice. 

None.

Notice of Legislative Hearing and Issues Conference

Applicant:      
Suzanne Nolen
257 Ellenton Run
The Villages, FL 32162

Project Address:
162 Cramer Road
Malta, NY 12020

TAX Parcel ID: 218.-1-30.111

DEC Application ID No.: 5-4140-00288/00001

Project Location and Description:   The Applicant is proposing to construct a 2,800 sq. ft. single family dwelling, an on-site well, and a driveway on 8.12± acres of vacant land (a portion of tax map ID 218.-1-30.111, along the south side of Cramer road) that is currently zoned Residential (R-1) by the Town of Malta, resulting in the disturbance on 0.19 acres of the regulated adjacent area of a Class I Freshwater Wetland (R-45). The driveway was partially in the adjacent area.

Permits Requested:  Applicant applied to the New York State Department of Environmental Conservation (Department or DEC) for a freshwater wetlands permit pursuant to Environmental Conservation Law (ECL) article 24 (Freshwater Wetlands) and Part 663 of title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR). Department staff determined that the application was complete on February 26, 2024.  This permit application is a minor project under Uniform Procedures Act 6 NYCRR Part 621.4(i)(2)(iv); therefore, a notice of complete application was not required to be prepared for publishing in the Department’s Environmental Notice Bulletin or newspaper.

SEQRA Status:  Department staff determined that the project is not subject to further review under the State Environmental Quality Review Act, ECL Article 8 (SEQRA) and 6 NYCRR Part 617 because the proposed project is classified as a Type II action under 6 NYCRR Part 617.5(c)(11).  Type II actions are precluded from environmental review under Environmental Conservation Law, Article 8.

Department Staff Position:  The Department’s Division of Environmental Permits denied the permit by letter dated May 1, 2024.  Department staff determined that the proposed project failed to satisfy the standards for issuance of a freshwater wetlands permit (see 6 NYCRR 663.5[e]).  Applicant requested a hearing on May 28, 2024.

Legislative Hearing:  All persons, organizations, corporations, or government agencies that may be affected by the project are invited to comment on the application, DEC’s notice of denial, and applicant’s request for a hearing.  For this purpose, a legislative hearing to receive unsworn comments will be held on September 10, 2024, at 10:00 a.m., at Lansing Engineering, 2452 State Route 9, Suite 301 (third floor), Malta, NY 12020.  This location is reasonably accessible to persons with a mobility impairment.

Interpreter and translation services shall be made available to deaf persons and persons with limited English proficiency at no cost. Requests must be received 10 calendar days before the meeting, but DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the NYSDEC Office of Hearings and Mediation Services by mail (address: NYSDEC OHMS, 625 Broadway, Albany, New York 12233-1550), e-mail ([email protected]), or phone (518) 402-9003.

Written comments may also be submitted at the legislative hearing or may be mailed to the Administrative Law Judge at the address above, to be received on or before September 12, 2024.  As noted below, if the hearing is cancelled because all potential issues for adjudication are resolved prior to the issues conference, written comments will still be accepted. 

Issues Conference:  A pre-adjudicatory hearing issues conference will be held at the same location immediately following the legislative hearing.  The purpose of the issues conference is to determine party status for any person or organization that has properly filed a petition (as indicated below), to consider DEC’s notice of denial, the Applicant’s statement of issues, and to narrow and define those issues, if any, that will require adjudication in this matter. Participation at the issues conference shall be limited to Department staff, Applicant, and those persons or organizations requesting party status. Issues proposed for adjudication must be both substantive and significant in accordance with 6 NYCRR 624.4(c).

The Department's permit hearing procedures (6 NYCRR part 624) and a guide to permit hearings may be obtained by contacting the Office of Hearings and Mediation Services.  The regulations may also be accessed at https://dec.ny.gov/regulatory/regulations/chapter-vil and the guide may be accessed at https://dec.ny.gov/regulatory/permits-licenses/environmental-permits/guide-to-permit-hearings 

Party Status:  Party status to participate in the adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status.  Persons seeking to participate at the issues conference and the subsequent adjudicatory hearing, if one is necessary, 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 filings requesting party or amicus status must be received on or before 5 p.m. on August 27, 2024, at the Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany, New York 12233-1550, attn: Administrative Law Judge Jennifer M. Ukeritis.  Electronic filings or telefaxed submissions will NOT be accepted.  Copies of the filing are to be sent at the same time and in the same manner to: Melinda B. Seiden, Esq., Assistant Regional Attorney, at the Department’s Region 5 Office, Office of General Counsel, 1115 State Route 86, PO Box 296, Ray Brook, NY 12977-0296; and to counsel for applicant, Terresa M. Bakner, Partner, Whiteman Osterman & Hanna LLP, One Commerce Plaza, Albany, New York 12260.

If all potential adjudicable issues, including any proposed under a duly filed petition for party status, are satisfactorily resolved before the issues conference, the hearing, including the legislative portion thereof, will be cancelled.  However, written comments may still be submitted to the Department until September 10, 2024.

Statement of Issues:  Applicant must submit a statement of issues no later than 5:00 p.m. on Wednesday, August 28, 2024 addressed to the ALJ and Department staff’s attorney. The statement of issues must: (a) identify issues for adjudication which meet the criteria of 6 NYCRR 624.4(c); (b) present an offer of proof specifying the witness(es), each witness’s qualifications, the nature of the evidence the applicant expects to present at the evidentiary hearing and the grounds upon which the assertion is made with respect to each issue; and (c) identify whether each identified issue is an issue of fact or law. The statement of issues must also be provided to all persons who filed petitions for party status no later than 5:00 p.m. on September 5, 2024.

Document Availability:  All filed documents, the application, and other papers are available for inspection during normal business hours at the Department’s Region 5 Office, Office of General Counsel 1115 State Route 86, PO Box 296, Ray Brook, NY 12977-0296, attn: Erin Burns, telephone (518) 897-1234.

Statutory and Regulatory Provisions:  This application is being processed in accordance with ECL article 3, title 3 (General Functions); article 8 (State Environmental Quality Review ["SEQR"]); article 24 (Freshwater Wetlands); and article 70 (Uniform Procedures); as well as 6 NYCRR part 617 (SEQR); part 621 (Uniform Procedures); part 624 (Permit Hearings); and part 663 (Freshwater Wetlands Permit Requirements).

Jennifer M. Ukeritis
Administrative Law Judge 

August 14, 2024
Albany, New York

None.

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 

Date:  June 20, 2024

Applicant:
Route 13 Rocks, LLC
765 State Route 13
Cortland, New York 13045

Location:  Town of Cortlandville, Cortland County, west of Route 13, and south of Lime Hollow Road.  

NYSDEC Applications and ID Numbers:
Article 23, Mined Land Reclamation, DEC #: 7-1122-00043/00008 (MLR #: 70436)

Project Description:
Route 13 Rocks, LLC, proposes to modify its existing Mined Land Reclamation Permit to allow a vertical expansion up to 100 feet below the local water table, and a lateral expansion of 10.1 acres.  The site would be reclaimed as a 52.4-acre pond with graded, revegetated slopes.

In-person Legislative Public Comment Hearing:

July 23, 2024, at 6:00 p.m.
Cortlandville Masonic Lodge, 1883 Route 13, N. Cortland, New York 13045. 
Administrative Law Judge (ALJ) Daniel P. O’Connell presiding. 

For information to review the draft environmental impact statement or to otherwise comment about the proposal, click the Link at the top of this notice.

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

Name of Action: Eagle Harbor Sand & Gravel, Inc. – Eagle Harbor Mine 

Date: January 17, 2024 

Applicant:
Eagle Harbor Sand and Gravel, Inc.  
10830 Blair Road 
Medina, NY 14103

Location: Town of Barre along the western side of Eagle Harbor Road and approximately six (6) miles southwest of the Village of Albion. 

NYSDEC Applications and ID Numbers:  

Article 23, Mined Land Reclamation, DEC #8-3422-00003/00001 (MLR#80171)  
Article 15, Water Withdrawal, DEC #8-3422-00003/00003 

Project Description: 
Eagle Harbor Sand and Gravel, Inc. has applied to the New York State Department of Environmental Conservation (NYS DEC) to modify their mined land use plan/mined land reclamation permit and for a new Water Withdrawal permit which will allow the excavation of consolidated bedrock material from an approximately 100-acre area within the existing approximately 250.6 acre of life-of-mine area.  

Virtual Legislative Public Comment Hearing: 
February 15, 2024, at 6:00 p.m.
Administrative Law Judge (ALJ) Daniel P. O'Connell presiding 

For information on how to register to make a comment or otherwise participate in the public comment hearing click on the Link at the top of this notice. 

Applicant and Facility Description:  CWM Chemical Services, LLC (CWM), 1550 Balmer Road, Model City, New York 14107.  CWM owns and operates the Model City facility in the Towns of Porter and Lewiston, Niagara County.  The Model City facility is a duly permitted hazardous waste treatment, storage, disposal, and recovery facility that accepts hazardous and non-hazardous waste.  CWM proposes to construct and operate a new Residuals Management Unit-Two (RMU-2) landfill occupying approximately 43.5 acres at its Balmer Road facility.  For this proposal, CWM filed permit applications with the Department of Environmental Conservation, as well as an application for a Certificate of Environmental Safety and Public Necessity.   

Adjudicatory Hearing:  An adjudicatory hearing will be held pursuant to 6 NYCRR Part 624 at 10:00 a.m. on April 15, 2024, and continue as necessary at the same time through April 19, 2024.  The hearing will be held virtually using the Webex audiovisual conference platform.  Participation in the adjudicatory hearing is limited to the designated parties.  Members of the public may attend the hearing via the internet or listen via telephone.   

Instructions to attend the April 15 through 19, 2024, Adjudicatory Hearing:  To join the April 15, 2024, hearing through the internet, visit www.webex.com and click “Join a meeting.” input the appropriate event number for the hearing.   

Event Number: 161 788 2364
Password: 15April2024 

To join by phone only: 

Dial: 1-518-549-0500 
Access Code: 161 788 2364 
Password: 15277452 

If necessary, the adjudicatory hearing will continue on April 16, 2024.  To join the April 16, 2024, hearing through the internet, visit www.webex.com and click “Join a meeting.” input the appropriate event number for the hearing.   

Event Number: 161 057 5493 
Password: 16April2024 

To join by phone only: 

Dial: 1-518-549-0500 
Access Code: 161 057 5493 
Password: 16277452 

If necessary, the adjudicatory hearing will continue on April 17, 2024.  To join the April 17, 2024, hearing through the internet, visit www.webex.com and click “Join a meeting.” input the appropriate event number for the hearing.   

Event Number: 161 484 4771 
Password: 17April2024 

To join by phone only: 

Dial: 1-518-549-0500 
Access Code: 161 484 4771 
Password: 17277452 

If necessary, the adjudicatory hearing will continue on April 18, 2024.  To join the April 18, 2024, hearing through the internet, visit www.webex.com and click “Join a meeting.” input the appropriate event number for the hearing.   

Event Number: 161 986 6648  
Password: 18April2024 

To join by phone only:  

Dial: 1-518-549-0500 
Access Code: 161 986 6648 
Password: 18277452 

If necessary, the adjudicatory hearing will continue on April 19, 2024.  To join the April 19, 2024, hearing through the internet, visit www.webex.com and click “Join a meeting.” input the appropriate event number for the hearing.   

Event Number: 161 826 3713 
Password: 19April2024 

To join by phone only: 

Dial: 1-518-549-0500 
Access Code: 161 826 3713 
Password: 19277452 

Contact:  Daniel P. O’Connell Administrative Law Judge, Office of Hearings and Mediation Services, NYS Department of Environmental Conservation, 625 Broadway, 1st Floor, Albany, New York 12233-1550.  Telephone:  518-402-9003.  Email:  [email protected]. 

Notice of Proposed Rulemaking

Name of Action: 6 NYCRR Part 624, Permit Hearing Procedures
6 NYCRR Part 622, Uniform Enforcement Hearing Procedures
6 NYCRR Part 621, Uniform Procedures
6 NYCRR Subpart 750-1, Obtaining A SPDES Permit and POSS Registration

Date: February 28, 2024

Applicant: N/A 

Location: Statewide

NYSDEC Applications and ID Numbers: N/A

Rulemaking Description:     

The New York State Department of Environmental Conservation (NYS DEC) proposes to repeal 6 NYCRR Part 624 and replace the rule with a new 6 NYCRR Part 624, to clarify the hearing process for permit adjudicatory proceedings.  In addition to adopting a new Part 624, NYS DEC proposes to amend 6 NYCRR Parts 622, to provide consistency between Parts 624 and 622 and to amend 6 NYCRR Subpart 750-1, to stay contested and inseverable conditions of a new SPDES permit. NYS DEC also proposes to amend 6 NYCRR 621.10(h), 621.11(g) and 621.13(d) to direct applicants requesting a hearing pursuant to those subdivisions to the filing requirements of a new section 624.2 and a new section 750-1.26 that must accompany the request for hearing. 

Virtual Legislative Public Comment Hearing:

May 2, 2024, at 1:00 p.m.

Registration Link:  
https://meetny.webex.com/weblink/register/racde2c98af3cbcc1ec48807f651d0060 

Meeting Number: 161 888 7612 
Meeting Password: Part624

Join by phone: Call 518-549-0500. Enter access code 161 888 7612 and password 7278624

Administrative Law Judge (ALJ) Molly McBride presiding.

For information on the public comment period, public hearing, and the supporting rule making documents click on the link at the top of this notice.