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Shanty Hollow Corporation (Hunter Mountain)

July 25, 2007

DEPARTMENT OF ENVIRONMENTAL CONSERVATION
COMBINED NOTICE OF COMPLETE APPLICATION,
LEGISLATIVE PUBLIC HEARING AND ISSUES CONFERENCE

Applicant: Shanty Hollow Corporation, Southside Route 23A, Hunter, NY 12442.

Applicant's Agent: Thomas S. West, Esq., The West Firm, PLLC, 677 Broadway, 8th Floor, Albany, New York 12207-2990.

Project: Applicant has applied (Application #4-1936-00001/00001) to the New York State Department of Environmental Conservation (Department) for a stream disturbance permit for its operations at the Hunter Mountain ski resort, Hunter, New York. Applicant proposes to: make improvements to and continue maintenance and upkeep of the diversion weir in Schoharie Creek and inlet channel to Dolan's Lake; expand the existing water storage reservoir by 5.5 million gallons; construct a second water intake structure on Schoharie Creek at Deming Road; and construct a new water storage reservoir south of Deming Road with a capacity of 20 to 25 million gallons, all of which are being done with the purpose of continuing the withdrawal of water from the Schoharie Creek for snowmaking purposes.

The Department's Division of Environmental Permits deemed the application complete on July 6, 2007 and determined that the proposed activity will meet the standards for permit issuance pursuant to article 15 of the Environmental Conservation Law (ECL) and part 608 of title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR).

Permits: Protection of waters (stream disturbance) permit pursuant to ECL article 15 and 6 NYCRR part 608. In addition, the project will require a section 401 water quality certification (see 6 NYCRR 608.9).

SEQRA Status: The Department is the lead agency under the State Environmental Quality Review Act (SEQRA), ECL article 8 and 6 NYCRR part 617. Pursuant to an Order on Consent with the Department, Applicant submitted a draft environmental impact study (DEIS) and Department staff accepted the DEIS as adequate for public review on July 6, 2007.

Legislative Hearing: All persons, organizations, corporations or government agencies that may be affected by the project are invited to comment on the application. For this purpose, a legislative hearing to receive unsworn comments will be held on Wednesday, August 22, 2007 at 6:00 PM at the Hunter Mountain Base Lodge, South side of Route 23A, Hunter, New York (telephone number 518-263-4223).

This location is reasonably accessible to persons with a mobility impairment. Pursuant to the State Administrative Procedure Act (SAPA), interpreter services shall be made available to deaf persons, at no charge, upon written request to the administrative law judge named below at least five business days prior to the hearing.

Written comments may also be submitted at the legislative hearing or may be mailed to be received on or before Tuesday, September 4, 2007 at the Office of Hearings and Mediation Services at the address listed below.

Issues Conference: A pre-adjudicatory hearing issues conference will be held at the same location on Thursday, August 23, 2007 at 10:00 AM . The purpose of the issues conference is to define, narrow, and resolve, if possible, issues that are proposed as subjects for adjudication. Potential issues may be proposed for adjudication and must be both substantive and significant in accordance with 6 NYCRR 624.4(c). It is important that any persons requesting party status appear or be represented at the issues conference in order that all proposed issues may be fully discussed.

Adjudicatory Hearing: An adjudicatory hearing, if necessary, will be scheduled subsequent to the issues conference.

Party Status: Party status to participate in the adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status. The petition must include the facts intended for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). Any petition must fully identify the proposed party together with the name(s) of the person(s) who will act as the proposed party's representative(s), the proposed party's environmental interest in the proceeding, any interest relating to the statutes administered by the Department 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. Please see 6 NYCRR 624.4 and 624.5 for further information on party status and identification of issues.

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 the project may not meet, and explain why. If a petitioner 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 petitioner intends to present at the hearing, and the basis for the assertions as to the existence of proposed adjudicable issues.

All filings requesting party or amicus status must be received on or before the close of business on Wednesday, August 15, 2007 at the following address:

Office of Hearings and Mediation Services
New York State Department of Environmental Conservation
625 Broadway, First Floor
Albany, NY 12233-1550
attn: Richard A. Sherman, Administrative Law Judge

Electronic filings or telefaxed submissions will NOT be accepted. Copies of the filing are to be sent at the same time and in the same manner to: Ann Lapinski, Esq., Assistant Regional Attorney, New York State Department of Environmental Conservation, Division of Legal Affairs, Region 4, 1130 North Westcott Road, Schenectady, New York 12306-2014; and Thomas S. West, Esq., The West Firm, PLLC, 677 Broadway, 8th Floor, Albany, New York 12207-2990.

Document Availability: All filed documents, the application and other papers are available for inspection during normal business hours at the Hunter Town Hall, 5742 State Route 23A, Tannersville, New York, telephone 518-589-9567; the Department's Region 4 Stamford Sub-Office, 65561 State Highway 10, Stamford, New York 12167 (contact Kent Sanders, Regional Permit Coordinator), telephone 607- 652-7741; and at the Office of Hearings and Mediation Services, Richard A. Sherman, Administrative Law Judge, telephone 518-402-9003.

A copy of 6 NYCRR part 624 may be obtained from the Office of Hearings and Mediation Services, or from the Department's website at part 617 (SEQR); part 621 (Uniform Procedures); and part 624 (Permit Hearings).

James T. McClymonds
Chief Administrative Law Judge

July 25, 2007
Albany, NY

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