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Korman Notice of Petition For Party Status

This document provides notice of a petition filed by PUA Associates, LLC (PUA) seeking party status in the administrative proceedings regarding permit applications for the proposed Belleayre Resort development project. PUA asserts that it has the necessary environmental interest in the project due to owning property nearby. It is requesting the opportunity to submit arguments for why it should be granted full party status in the proceedings. The notice provides background on the permit applications and project, and lists other involved organizations that will receive notice of the petition.

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152 views

Korman Notice of Petition For Party Status

This document provides notice of a petition filed by PUA Associates, LLC (PUA) seeking party status in the administrative proceedings regarding permit applications for the proposed Belleayre Resort development project. PUA asserts that it has the necessary environmental interest in the project due to owning property nearby. It is requesting the opportunity to submit arguments for why it should be granted full party status in the proceedings. The notice provides background on the permit applications and project, and lists other involved organizations that will receive notice of the petition.

Uploaded by

Watershed Post
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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DEPARTMENT OF ENVIRONMENTAL CONSERVATION

STATE OF NEW YORK


In The Matter Of The Applications For Permits To Construct And
Operate A Proposed Development To Be Known As The Belleayre
Resort At Catskill Park, Located In The Town Of Shandaken In
Ulster County, New York, and The Town Of Middletown In
Delaware County, New York, Pursuant To Environmental
Conservation Law Article 15, Titles 5 And 15; and Article 17, Titles
7 And 8, And Parts 601, 608 And 750 Through 758 Of Title 6 of
the Official Compilation Of Codes, Rules And Regulations of the
State Of New York ("6 NYCRR"), and for a Water Quality
Certification Pursuant To Section 401 Of The Federal Water
Pollution Control Act And 6 NYCRR Part 608,

NOTICE OF
PETITION FOR
PARTY STATUS

-ByCrossroads Ventures, LLC,


Applicant.
DEC Project Numbers: 0-9999-00096/00001; 0-999900096/00003; 0-9999-00096/00005; 0-9999-00096/00007;
0-9999-00096/00009; and 0-9999-00096/00010

Moving Party:

PUA Associates, LLC (PUA)

Date:

November 17, 2014

Nature of Relief:

Grant full party status

Grounds for Relief:

PUA has the necessary environmental


interest in the newly proposed
development at Highmount. It has
provided a sufficient offer of proof to
demonstrate that it has raised
substantive and significant issues for
adjudication. There are good grounds
for submitting the petition at this time.

Supporting Papers:

Affirmation of Robert H. Feller


Affidavit of Matthew Allen
Affidavit of Mark Millspaugh
Memorandum of Law
331123.2 11/17/2014

Answering Papers:

Answering papers will be served within


five days or as otherwise determined by
the ALJ.

Reply Papers:

PUA requests the opportunity to file


reply papers.

Dated: November 17, 2014

_____________________________
PUA Associates, LLC
By: Bond, Schoeneck & King, PLLC
Robert H. Feller, Of Counsel
Office and P.O. Address
111 Washington Avenue
Albany, New York 12210-2211
Telephone: (518) 533-3000

cc:

Assistant Commissioner Alexander


Chief ALJ McClymonds
Service List
PUA Associates, LLC

331123.2 11/17/2014

SERVICE LIST
For the Applicant:
Daniel Ruzow, Esq.
Terresa Bakner, Esq.
Whiteman, Osterman & Hanna LLP
One Commerce Plaza
Albany, New York 12260
[email protected]
[email protected]
For Department Staff:
Lawrence Weintraub, Esq.
Assistant Counsel
Office of General Counsel
NYS Department of Environmental Conservation
625 Broadway
Albany, New York 12233-1500
[email protected]
Kelly Turturro, Esq.
Assistant Regional Attorney
NYSDEC Region 3
21 South Putt Corners Road
New Paltz, New York 12561
[email protected]
For the Planning Board of the Town of Shandaken:
Don Brewer, Chair
Town of Shandaken Planning Board
P.O. Box 134
Shandaken, New York 12480
Attn: Tracy Longhi
[email protected]
For the City of New York:
Hilary Meltzer, Esq.
Senior Counsel
City of New York Law Department
100 Church Street
New York, New York 10007
[email protected]
For the Sierra Club:
Roger Downs
Sierra Club
353 Hamilton Street
Albany, New York 12210
[email protected]
Richard Lippes, Esq.
1109 Delaware Avenue
Buffalo, New York 14209
[email protected]
331123.2 11/17/2014

For the Coalition of Watershed Towns, Delaware County and the Town of Middletown:
Jeffrey S. Baker, Esq.
Kevin M. Young, Esq.
Young, Sommer, Ward, Ritzenberg, Baker & Moore, LLC
Executive Woods
5 Palisades Drive
Albany, New York 12205
[email protected]
Office of the Attorney General (Amicus):
Philip Bein, Esq.
Watershed Inspector General
Assistant Attorney General
NYS Office of the Attorney General
The Capitol
Albany, NY 12224
[email protected]
For the Catskill Heritage Alliance:
John W. Caffry, Esq.
Claudia K. Braymer, Esq.
Caffry & Flower
100 Bay Street
Glens Falls, New York 12801
[email protected]
[email protected]
For the Friends of Catskill Park:
Robert H. Feller, Esq.
Bond, Schoeneck & King, PLLC
111 Washington Avenue
Albany, NY 12210-2211
[email protected]
For the Natural Resources Defense Council, Inc.
Eric A. Goldstein, Esq.
Natural Resources Defense Council, Inc.
40 West 20th Street
New York, New York 10011
[email protected]
For the Pine Hill Water District Coalition:
Pine Hill Water District Coalition
Richard Schaedle
P.O. Box 551, Birch Creek Road
Pine Hill, New York 12465
[email protected]
For the Zen Environmental Studies Institute:
Zen Environmental Studies Institute
c/o Zen Mountain Monastery
P.O. Box 197
Mount Tremper, New York 12457
331123.2 11/17/2014

For Riverkeeper, Inc.:


Katherine Hudson, Esq.
Misti Duvall, Esq.
Riverkeeper, Inc.
E-House
78 North Broadway
White Plains, New York 10603
[email protected]
[email protected]
For Theodore Gordon Flyfishers, Inc.
Theodore Gordon Flyfishers, Inc.
Grand Central Station, P.O. Box 2345
New York, New York 10163-2345
For Trout Unlimited:
Ronald Urban, Esq.
Trout Unlimited, P.O. Box 815
Port Ewing, New York 12466-0815
[email protected]
with courtesy copy to:
Ashokan Pepacton Watershed Chapter TU
Attn: Chet Karwatowski
111 High Point Mt. Road
West Shokan, New York 12494
[email protected]
For NYPIRG:
Cathleen Breen
c/o NYPIRG
9 Murray Street, 3rd Floor
New York, New York 10007-2223
[email protected]
Alternative e-mail address: [email protected]
For Catskill Center for Conservation and Development:
Catskill Center for Conservation and Development
Attn: Alan White, Executive Director
43355 State Highway 29
P.O. Box 504
Arkville, New York 12406
[email protected]
For the Office of Hearings and Mediation Services:
Louis A. Alexander
Assistant Commissioner for Hearings and Mediation Services
New York State Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, New York 12233-1010
[email protected]
James T. McClymonds, Chief Administrative Law Judge
Office of Hearings and Mediation Services
New York State Department of Environmental Conservation
331123.2 11/17/2014

625 Broadway, 1st Floor


Albany, New York 12233-1550
[email protected]
Non-Party Additions to the Service List:
--For PUA Associates, LLC (owner of Galli-Curci Estate) and Benjamin Korman
Robert H. Feller, Esq.
Bond, Schoeneck & King, PLLC
111 Washington Avenue
Albany, NY 12210-2211
[email protected]
--For the Gould Family
Julie A. Weisman, Esq.
Carter Ledyard & Milburn LLP
2 Wall Street
New York, New York 10005
[email protected]
--For Beverly Becher Rainone
Larry Wolinsky, Esq.
Jacobowitz and Gubits, LLP
158 Orange Avenue
Post Office Box 367
Walden, New York 12586-0367
[email protected]

331123.2 11/17/2014

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