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Shanty Hollow Corporation (Hunter Mountain)

September 9, 2009

DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC COMMENT PERIOD ON SUPPLEMENTAL FILINGS

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 or DEC) 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; 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 million gallons, all of which are being done to continue withdrawing 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). A Combined Notice of Complete Application, Legislative Public Hearing, and Issues Conference (combined notice) was published in the July 25, 2007 edition of the DEC Environmental Notice Bulletin.

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.

Prior Proceedings: A legislative hearing was held at the project site on August 22, 2007 to obtain oral and written comments from interested persons and an issues conference was held on August 23, 2007 to consider potential issues for adjudication. On November 19, 2007 the DEC Office of Hearings and Mediation Services issued a ruling on issues and party status (PDF, 38 Kb).

No issues were proposed for adjudication at the issues conference. However, stormwater runoff was identified as a potential issue and three parties (applicant, Department staff, and the New York City Department of Environmental Protection [DEP]) entered a stipulation on the record to address this potential issue. The stipulation, among other things, requires that applicant prepare additional documents relative to stormwater runoff, including: (i) additional design drawings; (ii) a stormwater pollution prevent plan in conformance with the requirements of the Department's general permit and DEP's stormwater program; and (iii) a supplement to the DEIS to address SEQRA matters related to stormwater issues (collectively, the supplemental documents).

Applicant has now completed, and Department staff and DEP have reviewed and accepted, the supplemental documents. Accordingly, the following documents have been added to the application file and are now available for public review:

-- DRAFT Stream Disturbance Permit

-- Supplement to the DEIS, including design drawings

-- Storm Water Pollution Prevention Plan (SWPPP)

-- Withdrawal of the proposed expansion of the existing Colonel's Chair Snowmaking Reservoir

-- Supplemental Phase 1A Archeology Report

-- Letter of No Adverse Impacts from NYS Office of Parks, Recreation and Historic Preservation.

Document Availability: The above documents, together with the application and other filings 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 DEC Region 4 Stamford Sub-Office, 65561 State Highway 10, Stamford, New York 12167 (contact Kent Sanders, Deputy Regional Permit Administrator), telephone 607-652-7741; and at the Office of Hearings and Mediation Services, Richard A. Sherman, Administrative Law Judge, telephone 518-402-9003.

Late Filings for Party Status: As established under the combined notice, the deadline for filing petitions for party status to participate in the adjudicatory hearing expired on August 15, 2007. However, late-filed petitions for party status may be granted under the limited circumstances set forth under 6 NYCRR 624.5(c). Late-filed petitions must be filed with the Office of Hearings and Mediation Services at the address noted at the bottom of this notice. Please see the combined notice and 6 NYCRR 624.4 and 624.5 for further information on the requirements for petitions for party status and identification of issues for adjudication.

Electronic filings or telefaxed submissions will NOT be accepted. Copies of filings are to be sent at the same time and in the same manner to: Ann Lapinski, Esq., Associate Attorney, New York State Department of Environmental Conservation, Division of Legal Affairs, 625 Broadway, Albany, New York 12233-1500; Yvonne E. Marciano, Esq., The West Firm, PLLC, 677 Broadway, 8th Floor, Albany, New York 12207-2990; and Amanda C. Goad, Esq., Assistant Corporation Counsel, Environmental Law Division, New York City Law Department, 100 Church Street, Rm. 6-145, New York, NY 10007-2601.

Comment Period: The public comment period on the application and DEIS closed on September 25, 2007. However, to provide for public comment on the supplemental documents filed by applicant, comments relating to those documents may be submitted by mail to be received on or before Monday, October 19, 2009 at the Office of Hearings and Mediation Services 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
rasherma@gw.dec.state.ny.us

Dated: September 9, 2009
Albany, New York

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