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HomeMy WebLinkAboutI - 26 Suite-Kote Mining Permit December 9, 2022 Suit-Kote Corporation Joe Perrone 1911 Lorings Crossing Road Cortland, NY 13045 jperrone@suit-kote.com RE: Renewal of NYS DEC ID No. 7-1122-00049/00001 Mine File No. 70060, Polkville Crushed Stone, US Route 11, Town of Cortlandville, Cortland County Dear Mr. Perrone: Enclosed is Part One of the mining permit renewal for the Polkville Crushed Stone, Town of Cortlandville, Cortland County. The permit itself consists of two parts. Part one consists of the enclosed permit certificate. Part Two consists of the application, plans and specifications, and other documents on file with the Department including such terms and conditions imposed. As the Permittee, you are responsible for maintaining a copy of the documents constituting Part Two available at your local office for use by Department personnel. Note the expiration date. The permit may be renewed if an acceptable application is submitted sufficiently prior to that date. A renewal application involving no changes to the original plans should be submitted at least 30 days prior to the expiration of the permit. An application involving any changes to the above plans may be treated as a new application and may require a detailed environmental review and should be submitted well in advance of the expiration date. If this permit is destroyed, lost or mutilated, contact this office so that a certified copy may be issued. Be advised, the Uniform Procedures Regulations (6NYCRR Part 621) provide that an applicant may request a public hearing if a permit is denied or contains conditions which are unacceptable to them. Any such request must be made in writing within 30 calendar days of the date of permit issuance and must be addressed to the Regional Permit Administrator at the letterhead address. A copy should also be sent to the Chief Administrative Law Judge at NYSDEC, 625 Broadway, 1st Floor, Albany, NY 12233-1550. If you have any questions, please contact me at 315-937-2168 or email at sheryl.thrasher@dec.ny.gov. Sincerely, Sheryl Thrasher Mineral Resources, Program Aide Enclosures: Permit Renewal & Mining Sign ecc: Kevin Balduzzi, Environmental Permits R7-Syracuse Division of Mineral Resources / File NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 7-1122-00049 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To:Facility: SUIT-KOTE CORPORATION POLKVILLE CRUSHED STONE 1911 LORINGS CROSSING RD 3779 US RTE 11 CORTLAND, NY 13045 MCGRAW, NY 13101 (607) 753-1100 Facility Location: in CORTLANDVILLE in CORTLAND COUNTY Facility Principal Reference Point: NYTM-E: 406.863 NYTM-N: 4715.571 Latitude: 42°35'13.0" Longitude: 76°08'06.3" Authorized Activity: This permit authorizes mining activity on 81.34 acres of land during the permit term, within a 199.97 acre life-of-mine facility, on a 281.28 acre parcel of land, including specified processing equipment on lands owned by Suit-Kote Corporation. Permit Authorizations Mined Land Reclamation - Under Article 23, Title 27 Permit ID 7-1122-00049/00001 (Mined Land ID 70060) Renewal Effective Date: 12/12/2022 Expiration Date: 12/11/2027 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator:KEVIN M BALDUZZI, Deputy Regional Permit Administrator Address: NYSDEC Region 7 Headquarters 615 Erie Boulevard W Syracuse, NY 13204 -2400 Authorized Signature: ______________________________________ Date ___/____/____ Page 1 of 6 12 09 2022 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 7-1122-00049 Permit Components MINED LAND RECLAMATION PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS MINED LAND RECLAMATION PERMIT CONDITIONS 1. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 2. Bond, Surety to Remain in Force Any required reclamation bond or other surety, in an amount determined by the Department, shall be maintained in full force and effect. Such a bond or other surety shall not be terminated until the reclamation of the mined area is approved by the department in writing. 3. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such plans were approved by the Department on various dates and consist of the following items: Narrative titled "Mined Land Use Plan Proposed Expansion of Polkville Crushed Stone" datedA. Revised June 19, 2000 and prepared by CME Associates, Inc. Letter dated April 8, 2003 and prepared by Joseph S. Moskiewicz, Jr.B. Graphic plans (five sheets total) titled:C. "Mine Plan Update" dated October 24, 2022 and prepared by Suit-Kote Corp.1. "Reclamation Plan Update" dated November 23, 2010 and prepared by CME Associates,2. Inc. "A-A' Cross Section" dated July 21, 2005 and prepared by CME Associates, Inc.3. "Geological Cross Section Update XS-B" dated November 23, 2010 and prepared by4. CME Associates, Inc. "Geological Cross Section Update XS-C" dated January 5, 2010 and prepared by CME5. Associates, Inc. 4. No Deviation From Approved Plan The permittee shall not deviate or depart from the approved mined land use plan without approval by the Department of an alteration or modification thereto. Page 2 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 7-1122-00049 5. Provide Person during DEC Inspection The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when notification is provided, be it written or verbal, at least 24 hours prior to such inspection. 6. Human or Archaeological Remains If any human remains or archaeological remains are encountered during excavation, the permittee must immediately cease, or cause to cease, all work in the area of the remains and notify Regional Permit Administrator NYSDEC Region 7 Headquarters 615 Erie Boulevard W Syracuse, NY13204 -2400 Work shall not resume until written permission to do so has been received from the Department. 7. Permit Does Not Apply to Structures and Safety Aspects Unless expressly provided for, the issuance of this permit does not apply to any structures contained on the plans or in the specifications, nor does this permit apply to safety aspects of the operation and/or reclamation plan. 8. Strip and Stockpile Soils for Reclamation Prior to the excavation of previously undisturbed areas, topsoil and overburden shall be stripped, stockpiled separately, and used for reclamation of mined areas. These stockpiles shall be seeded to establish a vegetative cover within 30 days, or as soon as practicable following their construction. The permittee shall locate all overburden stockpiles within the permitted area of the approved Life of Mine. Sufficient quantities of topsoil must be retained on the site for use in reclamation, unless prior approval is granted by the Department. 9. Maintain Area Markers for Permit Term The permittee shall provide permanent markers such as stakes, posts or other devices acceptable to the Department to identify and delineate the permit area, as outlined on the approved Mining Plan Map. These markers are to be installed prior to the start of mining and shall be maintained for the duration of the permit term. 10. Dust Control Water or other approved dust palliatives must be applied to haulageways and other parts of the mine, as often as necessary, to prevent visible dust from leaving the mine property. 11. Minimum 25' Separation From Property Line No mining activity of any kind, including clearing and grubbing, shall occur within 25 feet of any adjacent property line or right-of-way. When mining is conducted lower than the adjacent property, the distance from the floor of the mine to the nearest property line shall be no closer than 25 feet plus 1 1/2 times the depth of the excavation. 12. Fueling of Equipment and Reporting of Spills Fueling of equipment shall be controlled to prevent spillage. Any spillage of fuels, waste oils, other petroleum products or hazardous materials shall be reported to the Department's Spill Hotline number (1-800-457-7362) within 2 hours. The permittee shall retain the Department's Spill Response number for immediate access in the permittee's office and at the mine site. Page 3 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 7-1122-00049 13. No Unpermitted Discharge Outside Limits of Mine There shall be no natural swales or channels or constructed features such as ditches, pipes, etc., that are capable of discharging waters to any offsite areas or to any areas outside the limits of the Life of Mine except those explicitly described and shown in the narrative and graphic portions of the approved Mined Land Use Plan. All silt laden water and storm water generated on, or running across, the site shall be retained within the approved project area. The permittee must comply with all applicable State Pollutant Discharge Elimination System (SPDES) permit requirements and provide necessary notifications for off-site point source discharges. 14. Load Trucks in Conformance with Vehicle and Traffic Law Section 380-a(1) The permittee shall ensure that all trucks are loaded in conformance with Vehicle and Traffic Law Section 380-a(1). Open trucks or trailers utilized for the transportation of minerals shall be equipped with a cover, tarpaulin or other device which completely closes in the opening of the truck while in operation, unless the load is arranged so that no mineral can fall from or blow out of such truck. 15. Railroad Abandonment This permit anticipates no mining under the railroad along the northern property edge during the permit term. Prior to undertaking any future (subsequent term) mining of that area, the permittee must submit to the Department's Regional Permit Administrator verification of the railroad abandonment at least thirty days prior to any intent to commence mining. The Department will respond in writing within 15 days with any further permit conditions which may be required. 16. File Termination Notice If the permittee discontinues operation, a termination notice must be filed within 30 days of termination of mining activities to the address below: Regional Mined Land Reclamation Specialist NYSDEC Region 7 Headquarters 615 Erie Boulevard W Syracuse, NY13204 -2400 GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Page 4 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 7-1122-00049 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC Region 7 Headquarters 615 Erie Boulevard W Syracuse, NY13204 -2400 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Mined Land Reclamation. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 5 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 7-1122-00049 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee’s undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 6 of 6 The New York State Department of Environmental Conservation has issued a MINING PERMIT Pursuant to the Environmental Conservation Law for the mining operation being conducted in this site. For more information regarding the nature and extent of the work approved, contact the Mined Land Reclamation Specialist shown below. Please refer to the mine file number shown when contacting the DEC. Mine File Number __________________ Permit Expiration Date _____________ DEC Contact _____________________________________________________ Phone Number __________________________ Note: This is not a Permit