Tab H New York State Department of Environmental Conservation
Drys' ion of Environmental Permits
2' )If Course Road,Warrensburg,NY 12885
e: (518)623-1281 •Fax: (518)623-3603
Joe Martens
lensite: www.dec.n ov
Commissioner
March 2, 2015
Mr. H. John Marzelle Mine File#50070
The Fort Miller Company Inc. DEC# 5-5234-00037100001
PO Box 98 Permit Expirations Date 311./2020
Schuylerville,NY 12871 County: Warren
Town: Queensbury
Dear Mr. Marzelle:
Your DEC mining permit and permit sign are enclosed. The permit sign must be conspicuously posted at the entrance to
the mine site. If the permit or permit sign is lost or destroyed, contact this office for a certified copy.
The operation of the mine must comply with the provisions of the New York State Mined Land Reclamation Law,the
Rules and Regulates pertaining to the law, the approved Mined Land Use Plan,and the conditions attached to this permit,
BE SURE TO READ THE PERMIT CONDITIONS THEY INDICATE HOW THE MINI=.MUST BE OPERATED
AND RECLAIMED. FAILURE TO OBSERVE ANY OF THESE CONDITIONS WILL CONSTITUTE A
VIOLATION OF THE LAW.
T ,approved mining plan map referenced on page 1 of the permit shows all areas to be affected by mining until the end
c permit term. All mining activity must be confined within the approved areas.
ciore conducting any mining activity not approved under your existing permit, you must apply for and receive a permit
modification from the Department.
In the event the permittee intends to expand the life of mine acreage,please be aware of the following,the permittee will
delineate the life of mine boundary on the ground by stakes and flagging: The stakes must be at least 3 feet high. The
distance between these flagged stakes must be no greater than 75 feet measured laterally between stakes inserted in the
ground along the life of mine boundary. This delineation will be based on the life ofmine boundary as shown on the
approved mine plan map. The staked and flagged boundaries must be maintained until final reclamation is approved.
When applying to renew your permit please allow 60 days for processing. If you decide to stop mining,you must file a
"Mining Termination Notice" at least 60 days before the expected mining termination date. Notices are available at this
office.
This permit does not release you from the need to secure the approval to mine from other State agencies or local
governments if they require it,
If you have any questions, please contact the Minerals Office at(518)623-1287.
Sincerely,
Kevin R. Bliss
osures Deputy Permit Administrator
Minerals,Warrensburg
Town Supervisor
is
NEW-YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Maw
Facility DEC ID 5-5234-00037
PERMIT
Under the Environmental Conservation Law ECL
Permittee and Facility Information
Permit Issued To: Facility:
THE FORT MILLER CO INC DREAM LAKE SAND AND GRAVEL
P O BOX 98 DREAM LAKE RD
SCHUYLERVILLE, NY 12871-0098 QUEENSBURY. NY
(518) 695-5000
Facility Location: in QUEENSBURY in WARREN COUNTY
Facility Principal Reference Point: NYTM-E: 610.4 NYTM-N: 4804.4
Latitude: 43123'03.7" Longitude: 73°38'13.3"
Authorized Activity: The mining of sand and grave] and material processing by screen, crushing and
washing, on lands owned by the permittee. Approved operations involve a total of 49.2 acres of affected
land during the permit term. The affected area comprises the entire 49.2 acre life of mine area, as
identified in the approved mined land use plan. This is a renewal of the previous permit.
Permit Authorizations
Mined Land Reclamation - Under Article 23, Title 27
Permit ID 5-5234-00037/00001
Renewal Effective Date: 3/2/2015 Expiration Date: 3/1/2020
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 R BLISS, Deputy Regional Permit Administrator
Address: REGION 5 WARRENSBURG SUB-OFFICE
232 GOLF COURSE RD
WARRENSBURG, NY 12885
Authorized Signature: Date / 2 I /1
Page I of 6
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-5234-00037
Permit Components
MINED LAND RI✓CLAMATION PERMIT CONDITIONS
GENERAL CONDITIONS; APPLY TO ALL AUTHORIZED PERMITS,
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
MINED LAND RECLAMATION PERMIT CONDITIONS
I. 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.
2. 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 DEC Staff on 2/11/2015 and consist of the following items:
Amended Narrative Plans for Test Pits dated 211612012; Test Pit Map prepared 212012;
Reclamation Sections revised 4/5/2012; Reclamation Plan Map updated 411512012-all prepared
by Continental Placer Inc.
Mine Plan Map updated 12/17/2009 by Griggs-Lang Consulting Geologists Inc.
Mined Land Use Plan narrative dated 7/18/1994 and revised 8/1/1994, prepared by Greenbush
Resources.
3. 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.
4. 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 nwnber for immediate access in the permittee's office and at the
mine site.
MINING
x"15. 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.
Page 2 of 6
dh
NEW FORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-5234-00037
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.
6. Minimum 25' Separation From Property Line No raining 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 1.5 times the depth of the excavation.
7. Operating Hours Operating hours for this mine site will be as follows:
Monday through Friday: 7AM to 5:30PM
Saturdays: 8:AM to 2:OOPM
No operations on Sundays or the following legal Holidays: New Years Day, Memorial Day, July 4th,
Labor Day, Thanksgiving Day, Christmas Day.
8. Clear Trees, Etc., Dispose of Properly Before Mining All trees, stumps, and brush must be cleared
from areas of the mine site to be mined during any calendar year and disposed of in a manner approved
by DEC before mining for that year begins.
9. 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.
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. Prevent Contamination of Water Any contamination of surface or.subsurface water must be
prevented.
12. Mining at Least 5' Above Groundwater All mining must be conducted at least 5 feet above the
mean annual high groundwater table. The permittee must dig, occasional test holes in the mine floor at
least five feet deep in order to determine compliance with this condition.
13. No Wastes at Mine There shall be no disposal, storage, transfer or processing of trash or garbage,
demolition debris, or other wastes regulated under the Environmental Conservation Law in the mine.
RECLAMATION
14. Bury, Remove Wastes All waste generated by mining activity, including trees, stumps, brush and
rock rubble must be buried at the mine site or otherwise disposed of in a manner approved by the
Department.
15. Removal of Stockpiles and Equipment All mineral stockpiles, mining and processing equipment,
and personal property must be removed from the life of mine area at the time of final reclamation.
16. Successful Revegetation The permittee must successfully reclaim the entire life of mine area
within two years of the permit expiration date, according to the approved reclamation plan.
Page 3 of 6
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-5234-00037
17. Final Reclamation Grades Affected areas of the mine site shall not exceed final grades as depicted
in the approved reclamation plan.
18. Reclamation of Mine Floor The final mine floor shall be scarified or ripped prior to the
replacement of topsoil and overburden to alleviate compaction.
19. Soil Cover for Plant Growth Portions of the permit area incapable of supporting vegetative growth
shall be covered with a minimum of six inches of cover material with a soil composition capable of
sustaining plant growth.
20. Successful Revegetation Standard Revegetation of the mine site to perennial grasses must be
established over a minimum of 75%. Lime, fertilizer, seed and mulch must be applied to reclaim the
mine site in accordance with the approved mined land use plan.
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
rand SADA 40](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.
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
REGION 5 WARRENSBURG SUB-OFFICE
.� 232 GOLF COURSE RD
WARRENSBURG, NY12885
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.
Page 4 of 6
Am
NEW A'ORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-5234-04437
r—�
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 perrnit 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.
i
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.
r�
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.
Page 5 of 6
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 5-5234-40037
mem D: No Right to Trespass or Interfere with Riparian Rights
phis 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
New York State Department of Environmental Conservation
Environmental Quality - Division of Air
%olf Course Road, Warrensburg, NY 12885
Phune: (518) 623-1200 • Fax: (518) 623-1311
Website: www.dec.nv.gov er
Joe Martens
Commissioner
September 9, 2013
H. John Marcelie
The Fort Miller Co.
PO Box 98
Schuylerville, NY 12871
Re: f=acility ID #5-5234-00037
Dream take Sand and Gravel
Queensbury (T),Warren (Co.)
Dear Mr. Marcelle:
Enclosed is the signed Registration Certificate for the above-mentioned facility.
The Registration is in response to your May 7, 2013 application. You should
carefully read your Registration certificate as some revisions to the information
provided on your application form may have been made.
r-.
Please be advised that validation of this registration is contingent upon you
being the owner and/or having the legal authority to use the described location
and site for the purposes described in the application. In addition, you are
responsible for obtaining any other permits and approvals that may be required
and for complying with all other applicable State and Federal laws, rules and
regulations and-any other applicable iocal ordinances including, but not limited
to, zoning ordinances, building codes, fire marshal codes, etc.
You are reminded that 6 NYCRR Part 201 contains various requirements that must
be complied with to maintain your facility's continued status as a registered
facility. If you have any questions regarding this matter or have any questions
regarding registration applicability, please call Michael Sundberg, Environmental
Engineer 2 at (518) 623-123 1 .
Sincerely,
James G. Coutant, P.E.
Regional Air Pollution Control Engineer
Division of Air Resources
JGC:jz
r-� Enclosure: Air Facility Registration
cc: M. Sundberg/File
New York State Department of Environmental Conservation gh
Registration ID: 5-5234-00037100003 Facility DEC ID: 5-5234-00037
AIR FACILITY REGISTRATION CERTIFICATE
in accordance with 6 NYCRR Subpart 201-4
Registration Issued to: THE FORT MILLER CO INC
P 0 BOX 98
SCHUYLERVILLE,NY 12871-0098
Contact: H. JOHN MARCELLE
THE FORT MILLER CO.
P O. BOX 98
SCHUYLERVILLE,NY 12871-0098
Facility: DREAM LAKE SAND AND GRAVEL
DREAM LAKE RD
QUEENS$URY,NY
Description:
A nor/-metallic minerals crushing and screening plant consisting of a Pioneer 30 X 42 primary crusher, an
Allis Chalmers H4000 closed circuit plant with cone crusher, triple deck screen and a vertical shaft impactor.
The plant is powered by a Caterpillar 3412 gen set.
Total Number of Emission Points: 2 Cap By Rule: Yes
Authorized Activity By Standard Industrial Classification Code: —
1442 - CONSTRUCTION SAND AND GRAVEL
n Registration Effective Date: 09/05/2013 Registration Expiration Date: 09/04/2023
List of Regulations in Application:
6 NYCRR Part 200 General Provisions
6 NYCRR Part 201 Permits and Registrations
6 NYCRR Part 211 General Prohibitions
6 NYCRR Part 212 General Process Emission Sources
6 NYCRR Part 227 Stationary Combustion Installations
40 CFR Part 60,Subpart 000 Rock,gravel, sand,and clay processing and conveying
40 CFR Part 63,Subpart ZZZZ Reciprocating Internal Combustion Engine(RICE)NESHAP
JAMES G COUTANT
REGION 5 AIR POLLUTION CONTROL ENGINEER
232 GOLF COURSE RD
WARRENSBURG,NY 12885
This registrant is required to operate this facility in accordance with all air pollution control
applicable Federal and State laws and regulations. Failure to comply with these laws and
regulations is a violation of the ECL and the registrant is subject to fines and/or penalties as
provided by the ECL. If ownership of this facility changes,the registrant is required to notify
the Department at the address shown above using the appropriate forms and procedures
within 30 days after the transfer takes place. The present registrant will continue to be
responsible for all fees and penalties until the Department has been notified of any change in
n ownership.
Page 1 of 1 09/06/2013