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