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Cayadutta Cr. Reclassification - Legislative Hearing Report, December 2, 1996

Legislative Hearing Report, December 2, 1996

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Office of Hearings and Mediation Services
50 Wolf Road
Albany, New York 12233-1550
Tel. 518 457-3468

In the Matter of

the Proposal to Amend 6 NYCRR Part 876.4, Item No. 191, Index No. H 240-89,
which defines a portion of Cayadutta Creek from its mouth to tributary 9d in Johnstown, NY,
by reclassifying it from "D" to "C"

REPORT of

LEGISLATIVE PROCEEDINGS

held on

November 13, 1996

- by -

_________________/s/_________________
Frank Montecalvo
Administrative Law Judge

December 2, 1996

The New York State Department of Environmental Conservation (the "Department" or "NYSDEC") proposes to amend Title 6 of the Official Compilation of Codes Rules and Regulations of the State of New York ("6 NYCRR"), Part 876.4, Item No. 191, Index No. H 240-89, which defines a portion of Cayadutta Creek from its mouth to tributary 9d in Johnstown, NY, by reclassifying it from class "D" to class "C."

At the request of Colbath A. Tucker, PE, Chief, Water Management Section, NYSDEC Bureau of Watershed Management, the NYSDEC Office of Hearings and Mediation Services scheduled a public hearing for Wednesday, November 13, 1996, at 6:30 PM in the Fulton County Courthouse, Johnstown, NY. Mr. Tucker was to issue, publish and otherwise distribute the Notice of Hearing. The purpose of the hearing was solely to receive comments on the record regarding the proposed Cayadutta Creek reclassification. Administrative Law Judge Frank Montecalvo (the ALJ) was assigned as hearing officer with the duty to conduct the hearing, and provide a report that: (a) documented when and where the hearing was conducted and (b) listed all persons who commented during the hearing session. This document is the requested report.

The ALJ convened the hearing as scheduled at the aforementioned time and place. Approximately 100 persons attended the hearing. Mr. Tucker announced that the period for filing written comments would be extended from November 27 to December 11, 1996.

A total of twenty statements were made on the record by the persons listed below. In addition, four exhibits were filed, as indicated on the list. Several persons also left written copies of their statements with the court reporter. The hearing concluded at approximately 8:30 PM.

Enclosed with this Report are the original and one copy of the Transcript of the proceedings, the original exhibits, and the written materials that were submitted to the court reporter.

List of Speakers

Colbath Tucker, P.E. (w)
(w) signifies materials were submitted to court reporter.

NYSDEC

William Pollak, Fulton County Supervisor
Johnstown Ward 2
2 Prindle Avenue
Johnstown, NY 12095

Brian Graveley, President
Aries Chemical Inc.
PO Box 519
Beaver Falls, NY 13305

Anthony J. Prumo
Carville National Leather Corp
PO Box 40
Johnstown, NY 12095

Douglas G. Lathrop, Chairman (w)
Gloversville-Johnstown Joint Sewer Board
441 N. Main St.
Gloversville, NY 12078

Richard Simek, President
Johnstown Water Board
20 O'Neil Ave
Johnstown, NY 12095

David Simek, President (w)
Simco Leather Corp.
PO Box 509
Johnstown, NY 12095

James Mraz, Planning Director
Fulton County Planning Department
1 East Montgomery St.
Johnstown, NY 12095

George Bevington, Director (w)
Fulton County Dept. of Solid Waste
106 Pennsylvania Avenue
Johnstown, NY 12095

Carmen Ruggiero, C.o.B.
[Exhibit A]Pearl Leather Finishers
18 Baker Rd.
Gloversville, NY 12078

Gary Van Slyke (w)
28 Franklin St.
Gloversville, NY 12078

Sandra Fonda, Co-Chairperson (w)
Rainbow Alliance for Clean Environment
120 E. State Street
Gloversville, NY 12078

Renato Sanges
Rainbow Alliance for Clean Environment
120 E. State Street
Gloversville, NY 12078

Mark J. Retersdorf, Executive Vice President
[Exhibits B, C, D]
Fulton County Regional Chamber of Commerce and Industry
2 N Main Street
Gloversville, NY 12078

Robert Galinsky
107 S. Melcher St.
Johnstown, NY 12095

Jennifer Garlock
1119 Old Trail Rd.
Fonda, NY 12068

William Towne, Assistant Manager (w)
Union of Needle Trades, Industrial and Textile Employees Union
P.O. Box 406
99 North Main Street
Gloversville, NY 12078

Anthony C. Buanno, Chairman
Fulton County Board of Supervisors
6 N. Burton Ave.
Gloversville, NY 12078

Frederick R. Stortecky, Esq.
34 S. Market Street
Johnstown, NY

Kathryn Kline
6766 State Hwy 29
St. Johnsville, NY 13452

Enclosures:

Original and one copy of the Transcript

Exhibits

Written materials

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