HomeMy WebLinkAboutI - 24 Cortlandville DEIS Draft Scoping Document 3-28-22SCOPING DOCUMENT FOR
DRAFT ENVIRONMENTAL IMPACT STATEMENT
Cortlandville Sand & Gravel Mine
NYSDEC Mine Permit #7-1122-00043/00008
Town of Cortlandville, Cortland County, New York
Contact for all Public Comments:
Cynthia M. Hill, Environmental Analyst for SEQR Lead Agency
New York State Department of Environmental Conservation
Division of Environmental Permits
615 Erie Boulevard West
Syracuse, NY 13204
(315) 426-7438
DEP.R7@dec.ny.gov
Applicant:
Route 13 Rocks, LLC
765 State Route 13
Cortland, NY 13045
Applicant’s Consultant:
H2H Geoscience Engineering PLLC
179 River Street
Troy, New York 12180
(518) 270-1620
www.h2hg-e.com
Dated March 28, 2022
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Introduction
The Cortlandville Sand and Gravel Mine (Mine) is owned and operated by Route 13 Rocks, LLC
(Applicant). The Mine is in the Town of Cortlandville (Town), Cortland County, New York, on a parcel
west of Route 13, south of Lime Hollow Road, and east of the Lime Hollow Nature Center. The permitted
Life of Mine area comprises 66.8 acres. The permitted mine floor elevation of approximately 1,172 feet
above mean sea level (amsl) is based on maintaining a minimum 8-foot separation distance above the mean
high-water table.
In April 2017, Route 13 Rocks, LLC, applied to the New York State Department of Environmental
Conservation (DEC) to modify an existing Mined Land Reclamation Permit for the Cortlandville Sand
and Gravel Mine. Applicant is seeking a permit modification to mine an additional 11.9 acres laterally and
to mine approximately 100 feet below the water table to the bottom of the sand and gravel outwash
deposit, which may be as deep as elevation 1,070 feet amsl. No mining below the water table is currently
permitted at the mine, so mining below the water table requires a modification of the current 8-foot
separation distance requirement. If the application is approved, the applicant will restore the site to a
52.4-acre pond with an open water surface, along with graded and revegetated slopes.
As proposed at full build-out, the deepened mine would be approximately 50 acres, 400 to 600 feet wide
(west-east), 2,500 feet long, and a maximum of 100 feet deep in the middle of the proposed mine pond.
Proposed excavation would begin at the north end and extend full depth as mining migrates back and
forth, east, and west, and gradually advance to the south. Upland slopes will be required to be reclaimed
prior excavation below the water table. The open area of the proposed mine pond would increase
gradually as mining progresses. The rate of advancement and overall duration of mining would depend
upon market-based demand for sand and gravel.
On May 26, 2021, the Department, as Lead Agency designated pursuant to the New York State
Environmental Quality Review Act (SEQR), issued a Positive Declaration for the proposed expansion.
This positive declaration requires the applicant to prepare a draft environmental impact statement (DEIS)
in accordance with a scoping document. The regulations at 6 NYCRR § 617.8 require DEC to develop
this scoping document, which must include “a description of the proposed action, the potential significant
adverse impacts, the extent and quality of information needed to address each impact (including the
methods for obtaining and analyzing this information), an initial identification of mitigation measures, and
the reasonable alternatives to be considered.”
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Accordingly, this draft scope describes the content and format of the DEIS. This document is being
published to afford the public an opportunity to make written comments and participate in the process, so
that the DEIS will address potentially significant adverse environmental impacts, will include relevant
existing information, will include necessary additional information, and will address reasonable
alternatives and potential mitigation measures. The resulting DEIS will be the basis for the Lead Agency
decision regarding significance of potential environmental impacts associated with the proposal, as well
as an evaluation of potential impacts associated with each alternative. As the applicant evaluates new
data collected or analyzed for the DEIS, Route 13 Rocks, LLC may add alternatives to the DEIS that the
applicant deems will best mitigate or eliminate risks of any potential environmental impacts.
The DEIS will include much information already associated with the pending application. Prior to the
Department’s issuance of the SEQR Positive Declaration, this proposed mine expansion underwent
extensive Departmental review in accordance with the Mined Land Reclamation Act, SEQR regulations,
and the Uniform Procedures Act. In response to Notices of Incomplete Application, the applicant in
March 2018 retained H2H Geoscience Engineering PLLC (H2H) to conduct a hydrogeologic
investigation. The purpose was to evaluate how the proposed modification could potentially affect the
quality and quantity of groundwater at the Town’s Lime Hollow well field, which is located about 800
feet northwest of the permitted mine. H2H conducted the investigation, collecting data over the one-year
period from February 2019 to February 2020, summarizing findings in a progress report in July 2019 and
a final report dated March 20, 2020. H2H provided additional findings in a Response to Public Comment
Document dated April 16, 2021. The outcome of this research and other data from the application will be
summarized in the DEIS along with additional required information.
The draft scope of the DEIS for the Cortlandville Sand and Gravel Mine is identified below. It will include
the following sections:
1.0 COVER SHEET. Type of document (draft, final), title of project, location, name, and address of
SEQR Lead Agency contact person, name and address of document preparer, date of Lead Agency
acceptance, date of DEIS hearing, and deadline for acceptance of public and agency comments.
2.0 TABLE OF CONTENTS
3.0 INTRODUCTION. The DEIS will discuss the identified potential environmental issues
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for the project. These issues will be presented and discussed, as described below. Project
Description. This section will describe the proposed lateral and vertical expansion of the
mine and whether they are dependent on each other for the economic viability of the mine.
3.1 Executive Summary. This summary will present an overview of the project, provide a
brief description of the overall proposed action, and list the following:
3.1.1 Significant Potential Adverse Impacts,
3.1.2 Alternatives Considered,
3.1.3 Mitigation Measures Proposed, and
3.1.4 Matters To Be Decided, Including a List of Each Permit or Approval
Required.
3.2 Purpose and Need for the Proposed Action. The DEIS will identify and discuss the
purpose, need, and public benefit of the proposed project.
3.3 Environmental Review Process.
3.3.1 Approvals Required. This section of the DEIS will provide an overview of the
permits and approvals presently anticipated to be required for the proposed project,
the agencies responsible for the approvals, and the applicable law or regulations
associated with each approval. The information will be provided in a table, and this
table may be revised as additional information is obtained during the scoping
process. A draft of Table 1.0 is attached to this draft scope.
By way of background, the processing of certain environmental permit applications
by DEC is governed by the requirements of the Uniform Procedures Regulations at
6 NYCRR Part 621. The intent of the Uniform Procedures Regulations is to ensure
timely review of projects requiring DEC environmental permits. Projects that are
also subject to the SEQR regulations must satisfy SEQR requirements before the
permit applications reviewed under Part 621 are deemed complete. When DEC, as
the SEQR lead agency, determines that a DEIS is required, the acceptance of the
DEIS for public review is a pre-requisite for a complete DEC permit application.
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3.3.2 State Environmental Quality Review. This section of the DEIS will provide a
brief description and chronology of the key SEQR review steps (e.g., lead agency
designation, positive declaration, etc.). Copies of key SEQR determinations and
documents will be provided in an appendix to the DEIS.
By way of background, the New York State Environmental Quality Review Act
(SEQR) and its implementing regulations at 6 NYCRR Part 617 require agencies to
assess the potential environmental impacts of proposed projects during the
permitting process. Under SEQR, potentially significant adverse environmental
impacts are evaluated in a DEIS.
A DEIS is intended to function as a disclosure document to provide information
about the potential environmental impacts of the proposed action and provide a
basis for informed decisions. The DEIS identifies and addresses the potential
environmental impacts of a project and reasonable alternative, if any, and identifies
ways to avoid or mitigate any potential adverse impacts to the maximum extent
practicable. Also addressed in a DEIS, are irreversible and irretrievable
commitments of resources, growth inducing aspects, and the use and conservation
of energy.
The DEIS must be written to a level of detail to properly assess the impacts
identified and which allows agencies to make reasoned decisions on the action.
Many of the issues discussed herein will also be reviewed in accordance with the
New York State statutory requirements relating to a particular regulatory program
(e.g., DEC’s mineral resources permit program; or ECL Article 23, Title 27
[https://www.dec.ny.gov/lands/5020.html]; as well as required local government
approvals). In general, the DEIS will follow the content requirements of the SEQR
regulations at 6 NYCRR § 617.9(b).
4.0 ENVIRONMENTAL SETTING, SIGNIFICANT ENVIRONMENTAL IMPACTS, AND
MITIGATION MEASURES TO MINIMIZE ENVIRONMENTAL IMPACTS
The DEIS will describe the environmental setting (existing conditions), potentially significant
environmental impacts, and mitigation measures within each of the topic areas identified below. It
will also describe those adverse environmental impacts that cannot be avoided or adequately
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mitigated if the proposed action is implemented. Technical reports supporting the analysis provided
in each section shall be included as appendices to the DEIS in Section 11.0.
The topic areas listed below are drawn from the Notice of Positive Declaration. In that document,
the potentially significant environmental impacts of mining 100 feet below the water table include
impacts on the underlying aquifer and associated quantity and quality of municipal potable water
supplies, impacts on nearby recreational facilities, and impacts on the unique flora and fauna of
adjacent marl ponds. The impacts to ground water/human health are summarized as the potential
risk to the sole source aquifer and nearby municipal water supply wells, specifically including
potentially significant impacts associated with microbes and pathogens that may enter the water
table from the mine pond. Accordingly, the topic areas for the DEIS will be the following:
1. Potential that mine pond water could enter the wellheads at Lime Hollow wells and potential
risk to the quantity of the municipal potable water supply,
2. Assuming the mine pond water could enter the wellheads at Lime Hollow wells, potential risk
to the quality of the municipal potable water supply,
3. Potential for the mine pond to negatively impact the unique flora and fauna of the adjacent marl
ponds, and
4. Potential for impact on recreation, scientific education, and scientific research opportunities that
are dependent on the unique flora and fauna of the marl ponds.
The first two DEIS topic areas are specifically parsed to separate a) the consideration of flow paths from b)
the contamination potential. Thus, the DEIS under Topic 2 will assume, whether true or not, that the mine
pond water could enter the wellheads at the Lime Hollow wells.
For each topic area identified above, the DEIS will describe the environmental setting, evaluate potentially
significant environmental impacts, and identify impact mitigation measures. Information is provided below
regarding how the environmental setting, potentially significant environmental impacts, additional
information, and mitigation measures will be developed in the DEIS for each topic. The DEIS will include
but not be limited to the listed methods and mitigation measures. In addition, using new information
collected in accordance with this scope, the DEIS will include any changes or additions to the hydrogeologic
conceptual model currently presented in application materials and summarized below.
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4.1 Groundwater Flows (Topic 1)
The first topic area is the potential that the water from the mine pond will flow via
groundwater flow paths to the area of the municipal wellheads and be drawn into the
municipal wells to enter the Town’s potable water supply. This topic will include a
discussion regarding whether groundwater has the potential to flow from the mine pond
directly or in a zig-zag path to the wells, and whether groundwater has the potential to flow
from the proposed mine pond to an existing marl pond called North Pond and subsequently
to the wells. This potential for water to reach the wells and be drawn into the wellheads
will be discussed in the context of seasonal and annual variations in the height of the water
table. Other items to be addressed when evaluating flow paths include the potential for
mixing of mine pond water with other groundwater that flows into the area from west of the
mine pond (creating what is called a peripheral flow zone). Furthermore, the DEIS will
include consideration of the “mounding effect” that can impact flow paths of groundwater
in the vicinity of large surface water bodies such as the proposed mine pond. The DEIS will
discuss how the combined presence of a peripheral flow zone and the mounding effect
would likely impact groundwater flow paths. It will also include a consideration of
preferential groundwater flow that can under local conditions allow water to travel through
an aquifer faster than it would through a purely homogeneous sand and gravel aquifer.
Predicted flow paths and predicted duration of the flow paths will be discussed with respect
not just to current withdrawal regimes but also with respect to the maximum water
withdrawals currently permitted for the municipal wells.
Application materials indicate that the risk to the municipal water supply would be greatest
when the wells draw down the local water table in a cone of depression and expand the
groundwater capture zone to the northwestern part of the proposed mine pond. According
to application materials, expansion of the capture zone is most likely to occur under very
low water table conditions. A hydraulic gradient is predicted to occur between the mine
pond and the wells due to the buildup of water in the water table north of the proposed
mine pond (mounding effect). While transport of any mine pond water to the municipal
wells may or may not occur because of this hydraulic gradient, the combined effect of
mounding and simultaneous drawdown during dry conditions may create a worst-case
scenario that must be addressed in the DEIS.
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Environmental Setting
Local Hydrogeologic Setting - The study area overlies a highly productive approximately
100-foot-thick unconfined glacial aquifer system comprised of well-graded, coarse sand
and gravel with trace (1.4 to 6.4%) silt and clay. The aquifer is in a sparsely populated area
near the upgradient head of the local groundwater watershed. The aquifer supplies the
primary source of drinking water in the area and has been designated a sole source aquifer.
Natural Resources - The two Lime Hollow well field wells operate alternately to
potentially withdraw up to 800 gallons per minute (gpm) of groundwater. The sand and
gravel above the water table and below the water table serve as a valuable source of sand
and gravel aggregate. Mining has existed at the site for approximately 40 years. The study
area thus contains two important natural resources: an aquifer that supplies the principal
source of water for the community; and aggregate, a principal component required for
maintenance and building of infrastructure and local/regional development projects.
Ambient Groundwater Flow – The applicant calculated the groundwater flow direction
using the continual water level measurements in the three shallow monitoring wells at the
north end of the proposed mine pond. The data enabled resolution of the apparent
groundwater flow direction by day. Applicant analyses indicate groundwater flows
horizontally in a northeasterly direction year-round under a seasonally varying hydraulic
gradient that averages approximately 0.003.
Town Wells Recharge – Application materials state that the groundwater recharge to the
Town wells is predominantly by the natural groundwater flow from the area south and
southwest of the well field. Furthermore, application materials state that the width of
groundwater flow captured passively by the Town wells varies based on groundwater level
and the hydraulic gradient. Assuming well withdrawal of 800 gpm (maximum reported), the
applicant has estimated the width of the flow path perpendicular to the flow direction as
approximately 600 to 1,260 feet, or a half-width of approximately 300 to 630 feet, in the
area east of the well field under varying groundwater level conditions. The application
goes on to say that the Town well is likely recharged periodically to a lesser degree by
surface water stored in the North Marl Pond. The application states that the shorelines of
that pond range from approximately 345 feet to 570 feet east of the nearest Town well and
are thus located seasonally within the Town wells’ capture zone. At these times the Town
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would potentially draw down the surface water level of the North Marl Pond, but this
interaction would be mitigated by groundwater recharge to the pond. This effect has not
yet been quantified but will be investigated as part of the DEIS scope, especially with
respect to whether that recharge water might originate in the proposed Mine Pond. The
DEIS will evaluate whether the Town well’s radius will reach the North Marl Pond or the
Mine Pond under various scenarios of water table height. It will also evaluate whether any
mine pond water, if it reaches the wells, would potentially travel to the depth of the intake
of the wells. Application materials suggest that groundwater flow paths are predominantly
horizontal and that mine pond water would not necessarily travel to the depth of the
wellhead intakes even if the water were to reach the wells.
Future Changes to Groundwater Levels and Flow System – Application materials state that
the local groundwater levels and flow directions would minimally, gradually change at the
north and south ends of the proposed mine pond as the excavation gradually expands. The
application provides the following additional details: This expansion will result in the
mine pond’s surface water level equilibrating with the modified ambient groundwater
levels at the north and south ends. The mine pond surface water level will be relatively
higher than ambient groundwater at the north end and lower at the south end. Water will
flow out of the mine pond at the north end and into the pond at the south end. At proposed
full build-out the approximate total elevation difference of groundwater levels at the north
and south ends would be approximately 4 feet during low groundwater conditions. The
magnitude of the surface and groundwater elevation differences at the two pond ends
would therefore be approximately 2 feet. The pond level and groundwater levels should be
the same at the midline of the mine pond which would be the vicinity of the Mid Marl
Pond. No water flow exchange would be anticipated for this location. The DEIS scope will
include re-evaluation of future groundwater levels and flow system.
Wellhead Protection Area - The Town has designated a wellhead protection area that
extends in a hydraulically side-gradient direction onto Applicant’s property east of the
North Marl Pond. The wellhead protection area was developed using a 2002 numerical
model that was based on certain assumptions not available to the applicant or the
Department. The DEIS will include re-assessment of this modeling to maximum extent
practicable.
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Work Plan
The DEIS may include but not be limited to the following additional data and
hydrogeologic analysis, analytical modeling, and evaluation:
• Download data and plot hydrographs for the existing site monitoring wells and compare
the water levels with prior data.
• Attempt to obtain water level data from the Town monitoring and supply wells and
compare with the other data.
• Develop planimetric flow nets for different water level and well pumping conditions.
• Develop hydrogeologic cross-sections for different water level and well pumping
conditions and mining scenarios; include the nearest Town well and the proposed mine
pond in the cross-section.
• Re-calculate hydraulic gradients, flow velocities, flux rates, travel times, and travel
distances for groundwater flowing from the proposed mine pond toward the well field
under current and anticipated future conditions while considering the natural ambient
groundwater flow between the proposed mine pond and well field. Compare results with
prior estimates.
• Estimate hypothetical dilution ratio of groundwater induced to flow toward the nearest
Town well from groundwater to the southeast.
• Estimate the distance that the Town well’s radius of influence extends onto the mine
property for different seasonal scenarios under existing and anticipated future conditions.
Mitigation
Monitoring of groundwater flow direction would be conducted during the life of the mine to
continue to assess flow paths. Additional monitoring may include but not be limited to
installing permanent pressure transducers in the Town’s nearby Lime Hollow wells and
expanding the Town’s well-field monitoring program by adding the Town’s monitoring
well to the overall monitoring program if the well is suitable. It may also include installing
additional monitoring wells south and west of the North Marl Pond and east of the Mid
Marl Pond and South Marl Pond. The DEIS will include mitigation measures that will be
taken if the resulting data indicate that mine pond water could impact the municipal water
supply.
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4.2 Groundwater Quality (Topic 2)
The second topic area is the risk to the quality of the municipal potable water supply. In
this topic area, the assumption will be that mine pond CAN reach the municipal wells and
enter the municipal water supply. The analysis in this topic area will include (a) the
potential for pollutants, including petroleum and especially microbes and pathogens (e.g.,
Giardia, Cryptosporidia, certain bacteria, protozoa, fungi, and viruses), to enter the sole-
source aquifer from the mine pond, (b) the potential for those pollutants to attenuate and/or
survive as they are carried into and through the aquifer via groundwater toward the
municipal wellheads, and (c) the potential impact of such microbes and pathogens and any
other potential pollutants, assuming they can reach the municipal wells, on the municipal
water supply and ultimately on public health or on the need for remediation to protect
public health. Remediation is often required if visible color and/or total dissolved solids
trigger a regulatory requirement for water filtration and/or for the addition of chemicals that
cause precipitation of impurities. In addition to microbes and pathogens, this section will
address any pollution risk from toxic algal blooms, which can occur even in low-nutrient
settings with phosphorus concentrations as low as 25 ug/L. When evaluating potential
impacts on the quality of water, the applicant will distinguish whenever pertinent the
potential impacts during the actual mining of the sand and gravel deposits and potential
impacts from the mine pond after reclamation.
The microbes of concern may travel through the aquifer’s pore spaces as colloids. Typical
size ranges for colloids and some of the microbes of concern are the following:
• Colloids – general term for small particles of the size 0.001 to 10 um; this includes natural
clay particles (<2 to5 micrometers (um)) and microbes
• Viruses – 0.004 – 0.25 um size range
• Bacteria – 0.4-10 um size range
• Cyanobacteria - 0.5 to 40 um, blue-green algae that may cause harmful algal blooms if
sufficient nutrients and other conditions are present
• Crypto sporidia – 4-5 um in diameter, typical source is feces from parasite-infected
animals, especially when water is contaminated with animal wastes
• Giardia cysts – 10-14 um on average, typical source is feces from infected animals.
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Environmental Setting
Proposed Mine Pond Site Hydrology - Based on applicant hydrogeologic and groundwater
quality analyses, the proposed mine pond would consist of a relatively nutrient-poor, low
dissolved solids groundwater-flow-through lake. Land use indicates an absence of known
point and non-point sources of contamination that could pollute this proposed waterbody.
No sources of septic field leachate, urban stormwater runoff, fertilizers, pesticides,
herbicides, farm animal wastes, landfill leachate, or commercial or industrial point
discharges are known to exist.
The DEIS will describe the current raw water treatment process for municipal water drawn
from the Lime Hollow well field.
Work Plan
The DEIS will evaluate the potential risk of an impact from microbes and pathogens,
which depends upon exposure and toxicity. The work plan for assessing potential impact
from microbes will address but not be limited to the following considerations:
• Whether pathogenic microbes will originate from a source (typically wildlife) at the
proposed mine pond.
• Whether microbes will survive natural attenuation mechanisms within the habitat of the
mine pond.
• Whether microbes will be entrained in the pond water that exfiltrates into groundwater from
the pond.
• Whether microbes will survive natural attenuation mechanisms within the sand and gravel
aquifer from the pond to the Town well intake; these mechanisms may include sorption,
filtration, degradation, and senescence.
• Whether microbes will interact with the gravel, sand, silt, and clay particles which may
cause them to be transported more slowly than groundwater; the microbes would need to
survive the total travel time required for microbe transport to the wells.
• Whether any harmful microbes would survive routine chlorination at the treatment plant.
• Whether the microbes would have the potential to adversely affect people and animals that
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drink or use the municipal water.
Additionally, this workplan may include but not be limited to the following:
Acquire field water quality data (pH, specific conductance, temperature, dissolved oxygen,
oxidation-reduction potential) from the existing site monitoring wells for comparison with
prior data, and attempt to obtain the same field water quality data for the Town well water
for comparison with site groundwater and for assessment of the potential for different
types of microbes to migrate to the Town wells under future conditions; for example, some
microbes require well-oxygenated conditions and other thrive in oxygen-deficient
conditions (less likely present at the site).
Mitigation
Perform additional groundwater sampling and analysis at sentinel wells (MW-3S and MW-
3D) so that the potential presence of microbes and pathogens is adequately characterized.
The DEIS will propose what the Applicant would do to mitigate any potential issues
identified through monitoring.
Summarize the raw water treatment process the Town uses and state whether the current
treatment process would eliminate any public health risk from each of these microbes and
pathogens.
4.3 Ecological Impacts (Topic 3)
This topic area will include the potential for the proposed mine pond to negatively impact
the unique flora and fauna of the marl ponds due to changes in hydrology (in particular, the
propensity for and timing of marl pond desiccation) and associated changes in water
chemistry. The detail in this section will include but not be limited to a discussion of
desiccation of the marl ponds, and must be sufficient to discern whether desiccation of the
marl ponds would be more or less likely to occur earlier in any given year or not at all, and
whether the duration and frequency of the desiccation would likely change. Furthermore,
the detail in this section must be sufficient to determine if the chemistry of the pond water
would change. Constituents of concern include but are not limited to pH and nutrient levels
and the ratios between N, P, and C, all of which impact aquatic flora and fauna. Finally,
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the detail must be sufficient to determine whether changes in hydrology or chemistry would
impact the unique flora and fauna of the marl ponds.
Environmental Setting
The offsite area immediately west of the mining site is dominated by wetlands, bogs, and
marl ponds. Except for the area adjacent to the north end of the proposed mine pond, these
natural environmental assets comprise part of the Lime Hollow Nature Center preserve or
are managed by the Nature Center under agreement with the Town. The northernmost and
largest of the three marl ponds in this habitat, North Pond, is on Applicant’s property and
generally between the area north of the proposed mine pond’s northern shoreline and the
Town’s well field. The marl ponds are unique post-glacial features that occupy closed
depressions generally at and slightly below the water table. Owing to the relatively high
seasonal variation of the depth to the water table, the marl pond bottoms are occasionally
stranded seasonally above the water table during sufficiently low groundwater periods.
During these low groundwater periods, when they occur, the marl ponds dry up (desiccate)
until the water table rises again. The flora and fauna of marl ponds are adapted to both the
fluctuations in water and the high pH, low nutrient water chemistry of the ponds.
Anticipated North Marl Pond Hydrologic Changes – The basis for the environmental
concern is the potential seasonal rise in groundwater level at the northwestern area of the
fully built-out proposed mine pond. Dynamic groundwater - surface water interactions
may cause the North Marl Pond water level to slightly increase because of a higher water
level in the proposed mine pond located about 200 feet to the southeast (mounding). The
spatial rate of attenuation of this groundwater mounding effect with distance away from the
mine pond will be estimated in accordance with best assumptions and modelling techniques
available plus additional data from transducers. In addition, if data associated with
comparable sites exist, ie., if the applicant’s consultant can locate sites where mounding
influences groundwater flow paths, the DEIS will use information from such sites to infer
the potential impact of mounding on groundwater flows into North Pond.
According to application materials, potential impacts of mounding include but may not be
limited to: 1) changes in the likelihood of desiccation and the probable duration of
desiccation of the North Marl Pond, 2) a higher water level in the North Marl Pond, which
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would counteract the potential for the Town well’s cone of depression from lowering the
North Marl Pond’s water level during pumping.
Anticipated South Marl Pond Hydrologic Changes – According to application materials, the
south end of the fully-built-out pond will act as a localized groundwater sink. The proposed
southwest lobe of the proposed mine pond, which is located south-southwest of the South
Marl Pond, may therefore intercept ambient groundwater that would otherwise flow
northeasterly toward and into the South Marl Pond. The marl pond’s water level, its
desiccation area, and the frequency and duration of desiccation may be affected.
Work Plan
The work plan may include but not be limited to the following:
The applicant will submit a plan to DEC for the sampling the presence and species of
salamanders in the marl pond. While the DEIS will include a sampling of all salamanders,
populations of special interest include two-lined salamanders with unique genetic
variations. The DEIS will include results of this survey and indicate, based on available
literature, the life cycle of the salamanders and the extent to which they are dependent on
marl pond ecosystems and/or seasonal access to aquatic environments for survival. The
DEIS will include an analysis of potentially significant impacts on salamanders. One factor
that could harm these organisms is increased propensity for the marl ponds to dry during a
time in the summer when immature salamanders live in water. Another factor would be a
decrease in the propensity of any given marl pond to desiccate. Desiccation eliminates fish,
a major predator of salamanders. In other words, the marl pond ecosystems, and the
salamanders as part of these ecosystems, are dependent on the ponds drying up periodically.
The DEIS will identify any additional fauna that are dependent on the unique ecosystems of
the marl ponds. The presence or absence sampling plan must be submitted to DEC and
approved by DEC.
The applicant will submit a plan to DEC for surveying the flora that are unique to the marl
ponds.
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The work plan will take into consideration that each marl pond is unique. The DEIS will
characterize at minimum North and South Marl Pond. The DEIS should also characterize
any other marl ponds that could be impacted hydrologically by the mine pond, whether
those marl ponds are identified in application materials or not. There is a marl pond west of
north pond, for example, that could be impacted hydrologically and thus biologically.
A. Surface Water and Groundwater Levels
i. Determine water level variations continually at all identified marl ponds
by manually installing one staff gauge in a stilling well at an accessible
location at each marl pond. The staff gauges must be installed manually
to avoid disturbance of the steep side slopes. The water levels will be
measured using programmable automated pressure transducers with data
loggers.
ii. Obtain permission beforehand for staff gauges to be installed on Lime
Hollow Nature Center property, i.e., the Mid Pond.
iii. Verify for the period of the study that the measurement frequency matches
the pressure transducer measurements in the nearly monitoring wells MW-
3S, MW-3D, MW-2s, and MW-4s on Applicant’s property.
iv. Monitor water levels for a period of approximately four months.
v. Compare the surface water and groundwater levels and the relative rates of
water level changes.
vi. Evaluate the potential effects of current well field operation on water levels
at the North Marl Pond.
B. Topography/Bathymetry
i. Update base map – indicate locations of temporary staff gauges at Marl
Ponds, apparent high-water marks and maximal areal extent of Marl
Ponds based on vegetation and topography; thus, determine ultimate
water level fluctuation range.
ii. Perform topographic/bathymetric survey of marl pond area during staff
gauge installation and include area of the pond banks – estimate two field
days.
C. Substrate Conditions
i. Inspect substrate at all four sides of North Marl Pond for texture
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(plasticity – clay vs silt), organic content, pH, stratification, and
consistency (penetration resistance).
ii. Evaluate at each location if consistency appears more typical of
surface water infiltration or groundwater exfiltration.
iii. Document desiccation cracks.
iv. Assess substrate similarity of North Marl Pond to the Mid Pond and South
Pond.
D. Aquatic Habitat
i. Perform an aquatic habitat impact assessment of the marl ponds to identify
flora and fauna present to better understand each species microhabitat
zones and sensitivity to fluctuations in the water levels, and subsequent
desiccation cycles; study to include office research, interviews, fieldwork.
ii. Document boundary of hydric soils using Munsell color charts and
historical soil surveys.
iii. Survey and document wildlife.
E. Water Chemistry
i. Sample water in all potentially impacted marl ponds and analyze for field
parameters; include south and north ends of North Marl Pond.
Mitigation
Operate permanent staff gauges at the marl ponds. The DEIS will identify measures to take
if the staff gauges indicate hydrologic variation outside the parameters of normal variation.
The DEIS will include action items to mitigate any impact to the chemistry and to mitigate
and unavoidable impact on the unique flora and fauna of the marl ponds.
4.4 Recreational Impacts (Topic 4)
This topic area will include the potential for impact on recreation, including impact on
scientific research and education associated with changes in the hydrology and changes in the
unique flora and fauna of the marl ponds. Potential impacts on recreation could result from a)
changes in hydrology that might conceivably cause flooding of trails, or b) changes
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in hydrology or water chemistry that would lead to a loss of the unique flora and fauna that
draw scientists and amateur naturalists to the Lime Hollow Nature Preserve.
Work Plan
The DEIS will include an updated topographic map for existing and proposed future
conditions at the mine area and adjacent Lime Hollow Nature Center. Locations and
elevations of surface water bodies, wetlands and trail locations will be included on the map.
Potential adverse impacts to recreational activities at the Nature Center will be evaluated
based on map review and analysis of potential changes in flora and fauna and ecological
integrity as identified under Topic 3. The resulting impact on opportunities for recreation,
education, and research will be addressed.
Mitigation
The DEIS will propose mitigation for any impacts to recreation, education, and research.
5.0 ALTERNATIVES TO THE PROPOSED ACTION
This section of the DEIS will provide an analysis of reasonable alternatives to the proposed action,
in accordance with the SEQR regulations at 6 NYCRRR § 617.9 (b) (5)(v). The alternatives will be
compared objectively with respect to their potential impact on the environment. Alternatives will
include evaluation of the following:
5.1 No Action
5.2 Increase setback from mine pond to Lime Hollow wells and North Pond including exclusion
of the northwestern corner of the Life of Mine area from acreage proposed for vertical
expansion. This alternative will reduce potential comingling of groundwater from the mine
area with public supply well water and reduce the potential for development of a complete
exposure pathway from the mine pond to the public water supply. Proposed setback
locations and distances will be assessed in the DEIS following additional analyses of the
available data. Anticipated future hydrogeologic conditions and assumptions will be
documented. This measure would result in a reduction of mine pond area, including a
reduction of area in the northwestern corner of the Life of Mine, which was identified in
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application materials as a potential recharge area of the municipal water supply under dry
conditions.
5.3 Phased authorizations regarding allowable depth (if impractical, DEIS will state why this
alternative is impractical).
5.4 Mining to a depth of only 50 feet rather than 100 feet below the water table to decrease
likelihood that water from the mine pond could potentially travel horizontally in the aquifer
to the depth at which water is drawn into the public water supply wells. Application
materials state that groundwater flow is predominantly horizontal.
5.5 Increase distance between proposed mine pond and South Pond so that the proposed mine
pond is no longer hydraulically upgradient of this marl pond. As currently proposed, upon
full build-out of the mine pond, this southwest corner of the proposed mine pond may
intercept groundwater that would otherwise flow to South Marl Pond. That could impact
unique flora and fauna of the marl pond. Increasing the distance between the proposed mine
pond and South Pond modifies the mine pond footprint to prevent this change in the
existing groundwater flow field. This alternative may be recommended in combination
with other alternatives that address separate potential environmental impacts.
5.6 Modify schedule such that no mining would occur when the water table is low. Avoid active
below water mining during the seasonal low groundwater level period during October to
November when the North Marl Pond is essentially dry and the potential groundwater
recharge from the mine pond to the Lime Hollow wells is highest. This modification aims
to reduce potential for any pollutants from the actual mining operation from travelling to
and getting into the municipal drinking water wells.
5.7 Modify mine sequencing by starting mining at the south end. Starting mine pond
excavation at the south end of the site would enable additional groundwater level data to be
collected during mine pond development to enable real-time assessment of the range of
influence of the mine pond excavation on local groundwater levels. This would enable
future adjustments to be made in the mining as the excavations progress northward.
5.8 Divide Mine into South and North Excavations: The maximum disturbance of existing
groundwater conditions at the north and south ends of the mine pond would occur once the
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continuous north-south extent of the proposed 2500-foot-long mine pond is fully built out.
The magnitude of the ambient groundwater level changes at the north and south ends of the
pond may be mitigated to some degree if the property is mined as two discontinuous mine
ponds that do not interconnect.
6.0 IRREVERSIBLE AND IRRETRIEVABLE COMMITEMENT OF RESOURCES
This section of the DEIS will provide an analysis of the irreversible and irretrievable commitment of
resources associated with the proposed action, in accordance with the SEQR regulations.
7.0 GROWTH INDUCING ASPECTS
This section of the DEIS will provide an analysis of any growth inducing aspects of the proposed
action, in accordance with the SEQR regulations.
8.0 EFFECT ON THE USE AND CONSERVATION OF ENGERY
This section of the DEIS will provide an analysis of the effect on the use and conservation of energy
of the proposed action, in accordance with the SEQR regulations.
9.0 TABLES AND FIGURES
10.0 REFERENCES
11.0 APPENDICES
Appendices will include materials not suitable for insertion in the main body of the DEIS and shall
include key SEQR documents, technical reports, the mined land reclamation permit application
materials (including mined land use plan and the Spill Prevention and Response Plan).
The DEIS appendix will include but not be limited to relevant existing and new data, revised base
map, well construction details, water level data, hydrographs, groundwater contour maps and flow
nets, water quality data, photographs, analytical calculations, groundwater-under-the-direct-
influence-of-surface-water assessment, habitat study inventories and findings, microbial
assessment, and laboratory analytical reports.
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Table 1.0 Final
State Agencies
Agency Permit/Interest Applicable Law/Regulation
NYS DEC Mined Land
Reclamation
ECL 23-2701
Federal Agencies
Agency Permit/Interest Applicable Law/Regulation
Local Government
Agency Permit/Interest Applicable Law/Regulation
Town of
Cortlandville
Site Plan Approval
and Conditional
Permit
March 29, 2022
NOTICE OF PUBLIC SCOPING COMMENT PERIOD
The New York State Department of Environmental Conservation (DEC) as lead agency
has issued a Positive Declaration pursuant to the State Environmental Quality Review
Act (SEQR) for the proposed vertical and lateral expansion of Cortlandville Sand &
Gravel Mine (DEC Application ID #7-1122-00043/00008). An Environmental Impact
Statement (EIS) is required to evaluate potential impacts associated with the project. A
draft EIS (DEIS) will be presented to the public for comment.
The purpose of this DEIS is to evaluate the potential impacts associated with the
proposed expansion. These include the following:
Impacts on the underlying aquifer and on the quantity and quality of municipal
potable water supplies, including impacts associated with microbes and
pathogens that may enter the aquifer from the proposed mine pond;
Impacts on nearby recreational facilities; and
Impacts on the unique flora and fauna of adjacent marl ponds.
A scoping document has been created to outline the content and format of the DEIS.
The DEC will accept written comments on the Draft Scoping Document until close
of business April 28, 2022 (30 days). Comments must be submitted in writing or via
e-mail to the contact person listed below.
This comment period provides an opportunity for public input regarding environmental
issues of concern that should be evaluated in the DEIS, with the intent of ensuring the
DEIS will be a concise, accurate and complete document that is adequate for public
review. Note that this comment period represents an early stage in the environmental
review and should not be confused with a public hearing, which may be held in the
future to determine if Department permit approvals are to be granted for this project
Scoping Objectives:
1. Identify relevant environmental issues of concern,
2. Identify the extent and quality of information needed, (including the methods for
obtaining and analyzing the information),
3. Identify the range of reasonable alternatives to be evaluated; and
4. Identify potential areas of mitigation.
Written comments/recommendations regarding the proposed content of the DEIS may
be submitted to the Department contact person listed below until April 28, 2022. At the
close of the comment period, the DEC will produce a final scope to guide the applicant
with the preparation of a DEIS. The time frame for the preparation of this document and
the holding of a public hearing, if required, is undetermined at this time.
DEC Contact:
Dr. Cynthia M. Hill
NYS Department of Environmental Conservation
615 Erie Blvd. West, Syracuse, NY 13204 Phone: 315-426-7438
E-mail: dep.r7@dec.ny.gov
Enc: Draft Scope
Ecc:
Tom Rigley, DEC Mineral Resources
Michael Polacco, H2H Geoscience Engineering
Richard Hisert, H2H Geoscience Engineering
Margaret Sheen, DEC, OGC
Lisa A. Wilkinson, DEC, OGC
Lawrence H. Weintraub, DEC, OGC
Matthew Marko, DEC Region 7 Director
Scott Sheeley, DEC Permits
Amanda Barber, Cortland County Soil and Water District
Mike Ryan, Cortland County Health Department
Paul Heider, Chairman, Cortland County Legislator
Eric Mulvihill, Clerk, Cortland County Legislature
Tom Williams, Town of Cortlandville Supervisor
Patty O’Mara, Town of Cortlandville Clerk
Kevin Bernstein, Esq., Bond Schoeneck & King
Carol Simon, Facility Application Contact
Kristine Wheeler, NYS Department of Health
Elizabeth Tracy, DEC Regional Permit Administrator
Glen Reisweber, Lime Hollow Nature Center
Catherine Dickert, DEC Division of Minerals