Crossroads Ventures, LLC (Revised)
February 11, 2004
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING
SUPPLEMENTAL NOTICE OF CONTINUED LEGISLATIVE PUBLIC/SEQR HEARING
NOTICE OF REVISED DATE FOR THE SUBMISSION OF WRITTEN COMMENTS
NOTICE OF REVISED DATE OF ISSUES CONFERENCE
NOTICE OF REVISED DATE FOR THE FILING OF PETITIONS FOR PARTY STATUS
Applicant: Crossroads Ventures, LLC, PO Box 267, Mt. Tremper, NY 12457
Project: The Belleayre Resort at Catskill Park
DEC Application Numbers:
0-9999-00096/00001 - Use and Protection of Waters
0-9999-00096/00003 - Public Water Supply (Big Indian)
0-9999-00096/00005 - State Pollutant Discharge Elimination System (Big Indian)
0-9999-00096/00007 - Section 401 Water Quality Certification
0-9999-00096/00009 - State Pollutant Discharge Elimination System (Wildacres)
0-9999-00096/00010 - Public Water Supply (Wildacres)
Notice of Continued Legislative Public/SEQR Hearing:
In accordance with the provisions of 6 NYCRR Parts 617, 621 and 624, the legislative public/SEQR hearing originally commenced on Wednesday, January 14, 2004, at the Margaretville Central School, 415 Main Street, Margaretville, New York, and continued on Tuesday, January 20, 2004, and Tuesday, February 3, 2004, at the Onteora Central School, 4166 State Highway 28, Boiceville, New York, before Administrative Law Judge Richard R. Wissler, to receive unsworn statements from the public on the above-captioned application and the DEIS , will be further continued on Thursday, February 19, 2004, from 4:00 P.M. to 12:00 Midnight, at the aforementioned location, to wit, the Onteora Central School, 4166 State Highway 28, Boiceville, New York. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend this continued hearing and to submit oral or written comments. It is not necessary to file in advance to speak at the legislative hearing. The first priority to speak will be afforded to those persons who have not had the opportunity to speak at any of the three previous legislative public/SEQR hearings held in this matter on January 14, 2004, in Margaretville, New York, and on January 20 and February 3, 2004, in Boiceville, New York. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements.
Notice of Revised Date for the Submission of Written Comments:
For those unable to attend the legislative public hearing, as indicated above, written comments on the DEIS and DEC permit applications may be submitted to Alexander Ciesluk, Jr., NYSDEC Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561-1696; Telephone: (845) 256-3014; no later than Friday, April 23, 2004.
Notice of Revised Date of Issues Conference:
The pre-adjudicatory hearing issues conference, originally scheduled for Tuesday, March 9, 2004, will be held on Tuesday, May 25, 2004, at 10:00 A.M., at the Middletown-Hardenburgh Fire District and Middletown Fire Hall, Church Street, Margaretville, New York, and will continue on succeeding days as necessary. At the issues conference, the ALJ will determine what issues, if any, require adjudication, and will define the scope of such issues. The purpose of the issues conference will be to define, narrow and resolve, if possible, the issues concerning the permit application which may be raised. Participation at the issues conference will be limited to the Department Staff, the Applicant and those persons requesting party status pursuant to 6 NYCRR 624.4 and 624.5 in advance of the issues conference.
IT IS EXTREMELY IMPORTANT THAT ANY PERSONS REQUESTING PARTY STATUS APPEAR OR BE REPRESENTED AT THE ISSUES CONFERENCE IN ORDER THAT ALL VALID ISSUES MAY BE FULLY DISCUSSED. An adjudicatory hearing will, if necessary, be scheduled following the issues conference. The issues conference may be canceled if no filings for party status are received by the deadline listed below.
Notice of Revised Date for the Filing of Petitions for Party Status:
To participate at the issues conference, parties must file a written petition requesting party status including the facts intended for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). In addition, any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interests, the statutory considerations relevant to the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status.
If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements which may not be met, and explain why. If a party intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments and other documentary evidence that the party intends to present at the hearing, and the grounds upon which the assertions are based regarding the proposed issues.
For amicus status, the filing must identify the nature of the legal or policy issues to be briefed, and provide a statement explaining why the proposed amicus is in a special position with respect to those issues, as required by 6 NYCRR 624.5(b)(3).
Persons having similar interests of concern are encouraged to file as a consolidated party. The hearing provisions can be found at www.dec.state.ny.us, Hearings & Mediation, Guide to Permit Hearings.
All petitions requesting either full party status or amicus status must be received at the DEC Office of Hearings and Mediation Services by 4:00 P.M. on Friday, April 23, 2004. Such filings must be submitted to the following: Richard R. Wissler, Administrative Law Judge, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, Albany, NY 12233-1550; Carol Krebs, Esq., Assistant Regional Attorney, NYSDEC Region 3, 21 South Putt Corners Road, New Paltz, New York 12561-1696; and the attorneys for the Applicant, Daniel Ruzow, Esq. and Terresa Bakner, Esq., Whiteman, Osterman & Hanna, One Commerce Plaza, Albany, New York 12260. Electronic filings and service by fax will NOT be accepted.
PLEASE REFER TO THE NOTICE OF COMPLETE APPLICATION, NOTICE OF ACCEPTANCE OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AND NOTICE OF LEGISLATIVE PUBLIC/SEQR HEARING AND ISSUES CONFERENCE PUBLISHED IN THE DEPARTMENT'S ENVIRONMENTAL NOTICE BULLETIN ON DECEMBER 10, 2003, THE CATSKILL MOUNTAIN NEWS ON DECEMBER 10, 2003, AND THE ULSTER COUNTY TOWNSMAN ON DECEMBER 11, 2003, FOR THE FULL NOTICE.
For further information please contact: Alexander Ciesluk, Jr., NYSDEC Region 3 Headquarters, 21 South Putt Corners Road, New Paltz, NY 12561-1696; Telephone: (845) 256-3014.
James T. McClymonds
Chief Administrative Law Judge
Albany, New York
February 11, 2004