Hearing Notices

None.

None.

STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION 

NOTICE OF PUBLIC COMMENT HEARING

Petitioner: The Town of Carmel on behalf of Carmel Water District #2, a duly formed improvement district of the Town of Carmel.  

Petitioner’s Attorney:

Gregory Folchetti, Esq.
Costello & Folchetti, LLP
1875 Route Six – 2nd Floor
Carmel, New York 10512
(845) 225-1900

Description: Pursuant to the Administrative Code of the City of New York § 24-360, Environmental Conservation Law of the State of New York (ECL) article 15, title 15, and title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 603 (Application for Fixation of Water Rates), Petitioner filed a petition dated September 30, 2025, requesting a review of the rates charged by the City of New York Water Board (the Water Board) to customers located outside New York City, in the Town of Carmel, who take water from the City’s water supply system.  

In the September 30, 2025, petition, Petitioner seeks administrative review of the water rates effective July 1, 2025 (FY 2026).  The Water Board set the upstate rate for entitlement water at $2,228.45 per million gallons (per MG), and the upstate rate for excess water at $6,599.82 per MG.  

Public Comment Hearing: A public comment hearing will be held pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public.  The hearing will be held on April 28, 2026, at 6:00 pm. The hearing will be conducted electronically through the Webex webinar platform.  Instructions for participating in and attending the webinar are provided below.

All persons, organizations, corporations, or government agencies are invited to attend the hearing and comment on the Petitioner’s request to review the Water Board’s upstate water rates.  Lengthy comments should be submitted in writing.  The Administrative Law Judge (ALJ) may limit the time available for oral comments to 3 minutes per person, depending on the number of people who wish to speak, to ensure that all persons have an opportunity to be heard.  Because the hearing is being conducted by electronic webinar, it is reasonably accessible to persons with a mobility impairment.  

Interpreter Services: Interpreter services shall be made available to persons with limited English proficiency, including American Sign Language, at no cost. Requests for interpreter services must be received 10 calendar days before the meeting, but DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to NYSDEC by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-1010), e-mail ([email protected]), or phone (518) 485-7358.  

Written Public Comments: Written comments concerning the Petitioners’ request to review the Water Board’s upstate water rates must be postmarked by May 8, 2026, and mailed to;

Administrative Law Judge Timothy M. MacPherson 
DEC Office of Hearings and Mediation Services 
1st Floor, 625 Broadway, Albany, New York, 12233-1550

Written comments may also be submitted to the ALJ by email at [email protected] by 5:00 p.m. on May 8, 2026.  

Written statements will be considered equally with oral statements given at the legislative public comment hearing, provided they are postmarked by May 8, 2026, or emailed by 5:00 p.m. on that date.  

Document Availability: The following pertinent Water Board rate report is available on-line:

Report on the Cost of Supplying Water to Upstate Customers for the 2026 Rate Year

https://www.nyc.gov/assets/nycwaterboard/downloads/pdf/blue_book/fy2026-upstate-rate-report.pdf 

Applicable Statutory and Regulatory Provisions: Administrative Code of the City of New York Water Supply Act § 24-360 (Water Supply Act); Public Authorities Law § 1045-a et seq.; Environmental Conservation Law (ECL) article 3, title 3 (General Functions); and article 15, title 15 (Water Supply).  Also, title 6 of the Official Compilations of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 603 (Applications for Fixation of Water Rates); and part 624 (Permit Hearing Procedures).  

Instructions for Attending the Public Comment Hearing:

Any person wishing to provide a public statement must register in advance of the hearing no later than 1:00 p.m. on April 27, 2026.  Registration can be done electronically or by telephone.  The directions follow.  

To Register Electronically: Fill in the requested information at the following address:

https://meetny-gov.webex.com/weblink/register/ra36e343fca80b03724959845b9d71e4b 

You will be asked whether you wish to make a public statement.  After registration is complete, you will receive a confirmation by email with information about how to join the hearing.  

To Register by Telephone:  Any person who is not able to login electronically may participate by telephone.  Call-in participants must register to speak in advance by calling the Office of Hearings and Mediation Services at (518) 402-9003 no later than 1:00 p.m. on April 27, 2026.  Please provide your first and last name, address, email address if any, and telephone number and reference the Upstate Water Rate public comment hearing.

All participants will be muted upon entry into the public comment hearing.  The ALJ will call each person who has registered to speak. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record.  The ALJ may limit the time available for oral comments to 3 minutes per person, as necessary to afford all participants an opportunity to be heard.  Speakers should summarize lengthy comments for oral presentation and submit their detailed comments in writing as provided above.  The hearing will be stenographically recorded for inclusion in the record.

April 1, 2026                        
Albany, New York

Administrative Law Judge
Timothy M. MacPherson  

None.

None.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC COMMENT PERIOD, PUBLIC COMMENT HEARING, DEADLINE FOR PETITIONS FOR PARTY STATUS AND ISSUES CONFERENCE

Facility:          

North Country Dairy, LLC
22 Co Rte 52
North Lawrence, NY 12967

Project Location:      

22 Co Rte 52
North Lawrence, NY 12967

Department-Initiated Modification:           

ECL Article 17, Titles 7 & 8 

Industrial SPDES Permit No. NY0002763

DEC ID No. 6-4048-00001/00003

Project Description:  By notice dated October 15, 2025, Department staff advised North Country Dairy, LLC (North Country) that the Department was modifying North Country’s State Pollution Discharge Elimination System permit NY0002763 (SPDES permit) pursuant to 

6 NYCRR 621.13 and 6 NYCRR 750-1.18, as well as the Environmental Benefit Permit Strategy pursuant to ECL 17-0817(4), 6 NYCRR 750-1.16(f), and 6 NYCRR 750-1.19. 

The modified permit is for an industrial facility that processes dairy food products subject to federal effluent limitation guidelines (ELGs). The facility discharges treated process wastewater, cooling water, and artesian well water through Outfall 001 and stormwater through Outfall 002. Treatment for process wastewater occurs via lagoon treatment system. A full technical review of the permit identified changes that are necessary to improve the water quality in the Deer River. Notable changes include: addition of Outfall 01A for application of technology-based limits prior to the admixture of cooling water and artesian well overflow including updated effluent limitation guideline (ELG) limits for BOD5 (Biochemical Oxygen Demand) and TSS (Total Suspended Solids) to reflect production at the facility and the addition of a technology-based limit for Total Phosphorous, reduction of the ammonia limit at Outfall 001, addition of dissolved oxygen, total nitrogen, nitrate, nitrite, total kjeldahl nitrogen, and total dissolved solids monitoring at Outfall 001, addition of quarterly WET (Whole Effluent Toxicity) testing on a 5-year schedule, addition of monitoring to Outfall 002 after a qualifying storm event, and addition of special conditions for the annual reporting of production and lagoon maintenance. A full list of permit changes and a more detailed explanation of the permit changes can be found in the Summary of Permit Changes section of the fact sheet. On November 13, 2025, North Country submitted a response to the Notice of Intent to Modify and requested a hearing.

Prior Notice of Intent to Modify and Public Comment Period: On October 15, 2025, DEC issued a Notice of Intent to Modify in the Environmental Notice Bulletin (ENB) commencing the public review and comment period for the referenced permit modifications. The Notice of Intent to Modify was published in the ENB at: https://dec.ny.gov/news/environmental-notice-bulletin/2025-10-15/completed-application/town-of-lawrence-north-country-dairy-llc.

Current Notice: This Notice serves to provide the public notification that DEC will hold a public comment hearing, provide a written public comment period, set deadlines for petitions for party status, and hold an issues conference regarding DEC’s Notice of Intent to Modify, the draft SPDES permit, and North Country’s request for a hearing. 

SEQRA Status: Department staff determined the modification of North Country’s SPDES permit was an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file.

Public Comment Hearing: A public comment hearing pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public will be held on Monday, February 9, 2026 at 6:00 p.m.  The hearing will be conducted by Administrative Law Judges Michael S. Caruso and Jennifer M. Ukeritis at the Brasher Town Hall located at 11 Factory Street, Brasher Falls, New York.

All persons, organizations, corporations, or government agencies who may be affected by the project are invited to attend the hearing and comment on the DEC’s modification of North Country’s SPDES permit and North Country’s response and request for a hearing. Lengthy comments should be submitted in writing. Equal weight will be given to oral and written statements. The Administrative Law Judges (ALJs) may limit the time available for oral comments to 3 minutes per person, depending on the number of people wishing to speak, to ensure that all persons have an opportunity to be heard. The venue is reasonably accessible to persons with a mobility impairment. 

Language interpretation services shall be made available to persons with limited English proficiency, including American Sign Language, at no cost. Requests must be received 10 calendar days before the meeting, but DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the NYSDEC Division of Communication, Education, and Engagement by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-4500), e-mail ([email protected]), or phone (518) 402-8028.

Written Public Comments: Written comments concerning DEC’s Notice of Intent to Modify, draft SPDES permit, and North Country’s response and request for a hearing must be postmarked by Wednesday February 11, 2026 and mailed to Administrative Law Judge Michael S. Caruso at DEC’s Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, or emailed to ALJ Caruso at [email protected] by 5:00 p.m. on Wednesday February 11, 2026. Written statements will be considered equally with oral statements given at the public comment hearing, provided they are postmarked by February 11, 2026 or emailed by 5:00 p.m. on that date.

Issues Conference: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory issues conference will be conducted by ALJs Caruso and Ukeritis at the Brasher Town Hall located at 11 Factory Street, Brasher Falls, New York on Wednesday, February 25, 2026 at 9:00 a.m.  The purpose of the issues conference is to determine party status for any person or organization that has properly filed a petition (as indicated below), to consider DEC’s Notice of Intent to Modify North Country’s SPDES permit, the draft SPDES permit, and North Country’s statement of issues, and to narrow and define those issues, if any, that will require adjudication in this matter. Participation at the issues conference shall be limited to Department staff, North Country, and those persons or organizations requesting party status. Pursuant to 6 NYCRR 624.4(c)(8), the only issues that may be adjudicated are those related to the basis for modification of North Country’s SPDES permit cited in the Department's notice to the permittee. Issues proposed for adjudication must be both substantive and significant in accordance with 6 NYCRR 624.4(c). If no petitions for party status are filed with respect to the issues, or if any filed objections are withdrawn and the issues are satisfactorily resolved before the issues conference, the issues conference will be canceled and no adjudicatory hearing will be held. If the ALJs determine that there are adjudicable issues, the ALJs will schedule an adjudicatory hearing to address those issues.

Filing for Party Status and Proposed Issues: Persons seeking to participate at the issues conference and the subsequent adjudicatory hearing, if one is necessary, must file a written petition explaining whether their request is for full party status or amicus status. For the required contents of petitions for full party status, see 6 NYCRR 624.5(b)(1) and (2). To determine whether an issue is substantive, see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition seeking amicus status, see 6 NYCRR 624.5(b)(1) and (3).

All petitions requesting party status to participate at the adjudicatory hearing must be received at DEC’s Office of Hearings and Mediation Services no later than 5:00 p.m. on Friday, February 13, 2026. Address all petitions to Administrative Law Judge Michael S. Caruso, DEC’s Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, telephone: (518) 402-9003, email: [email protected]. At the same time and in the same manner that the petition is furnished to the ALJ, a copy of the petition must be furnished to applicant’s attorneys, Melissa M. Valle, Esq. and Christina M. Deats, Esq., Harter Secrest & Emery, LLP, 1600 Bausch & Lomb Place, Rochester, NY 14604-2711, telephone: (585) 231-1425, emails: [email protected] and [email protected], and to Department staff’s attorney, Jennifer Dougherty, Esq., Regional Attorney, New York State Department of Environmental Conservation, Region 6, Office of General Counsel, 317 Washington Street, 5th Floor, Watertown, NY 13601, telephone: (315) 785-2251, email: [email protected]. Any questions about the filing requirements or other hearing procedures may be addressed to ALJ Caruso by telephone at (518) 402-9003. DEC’s permit hearing regulations may be found at https://dec.ny.gov/regulatory/regulations/chapter-vi, and a guide to permit hearing procedures may be found at https://dec.ny.gov/regulatory/permits-licenses/environmental-permits/guide-to-permit-hearings.

Statement of Issues: North Country Dairy, LLC must submit a statement of issues no later than 5:00 p.m. on Friday, February 13, 2026 addressed to the ALJ and Department staff’s attorney. Pursuant to 6 NYCRR 624.2(c), the statement of issues must: (1) identify issues for adjudication that meet the criteria of 6 NYCRR 624.4(c); (2) present a statement of material facts sought to be adjudicated at the evidentiary hearing and an offer of proof specifying the witness(es), each witness’s qualifications, the nature of the evidence the applicant expects to present at the evidentiary hearing and the grounds upon which the assertion is made with respect to each issue; (3) include a demonstration that the applicant raised its objections to the draft permit prior to the request for an adjudicatory proceeding; and (4) identify the permit conditions that are contested. The statement of issues must also be provided to all persons who filed petitions for party status no later than 5:00 p.m. on Wednesday, February 18, 2026.

Responses: Department staff may submit a response to North Country’s statement of issues and Department staff and North Country may submit responses to petitions for party status provided they are submitted no later than 5:00 p.m. on Friday, February 20, 2026. Responses must also be provided to all persons who filed petitions for party status no later than February 20, 2026. 

Filing by Email: Filing of petitions for party status, North Country’s statement of issues and responses from Department staff and North Country by email is authorized provided the petitions, statement of issues and responses are received by all of the parties or petitioners, as directed above, by the 5:00 p.m. deadline for each filing, and a conforming hard copy is sent by first class mail and postmarked by the respective deadline date. Telefaxed petitions will not be accepted.

Document Availability: The October 14, 2025 draft SPDES permit and related fact sheet are available online at https://dec.ny.gov/fs/projects/draftpermits. The draft permit files are contained within regional folders and named by the SPDES number contained in this notice. The Department’s Notice of Intent to Modify, draft SPDES permit and related fact sheet, and North Country’s response and request for a hearing are available for review online at https://dec.ny.gov/environmental-protection/water/water-quality/monitoring/ongoing-special-studies in the Deer River Investigation section and at NYSDEC, Region 6, Division of Environmental Permits, 317 Washington Street, Watertown, NY 13601, Phone: (315) 704-6296, or upon request by email to: [email protected]. Reference North Country Dairy, LLC’s draft SPDES permit in the request. 

Statutory and Regulatory Provisions: This proceeding is being conducted according to ECL article 3, title 3 (General Functions), ECL article 17, (Water Pollution Control), ECL article 70 (Uniform Procedures); 6 NYCRR part 621 (Uniform Procedures), part 624 (Permit Hearing Procedures), and part 750 (State Pollution Discharge Elimination System [SPDES] Permits).

Michael S. Caruso

Administrative Law Judge

January 7, 2026

Albany, New York

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC COMMENT PERIOD, PUBLIC COMMENT HEARING, DEADLINE FOR PETITIONS FOR PARTY STATUS, ISSUES CONFERENCE AND HEARING

Applicant: 

Town of Sandy Creek

1992 Hardwood Drive

P.O. Box 52

Sandy Creek, NY 13145

Project Location: 

S. Sandy Pond Barrier Dune, S. Sandy Pond Inlet Road, West Shore Drive, and N. Rainbow Shores Road,  

Applicant’s Attorney:     

Michael A. Fogel, Esq. – Fogel & Brown, P.C.

120 Madison Street, Suite 1620

Syracuse, New York 13202

DEC Applications: Coastal Erosion Management Permit (DEC ID No. 7-3599-00040/0004)

Project Description:  The Town of Sandy Creek (Town) applied to the New York State Department of Environmental Conservation (Department or DEC) for a Coastal Erosion Management Permit to install a water main through the South Sandy Pond Coastal Barrier Dune, situated within the mapped Coastal Erosion Hazard Area (CEHA) including a Natural Protective Feature Area (NPFA).  Department staff noted that construction of a new water main within a NPFA is prohibited by 6 NYCRR 505.8(d)(5) and determined that the Towns’ application for a variance did not meet the requirements of 6 NYCRR 505.13.  By letter dated February 12, 2025, Department staff denied the Towns’ application for a Coastal Erosion Management permit.  By its’ counsel, Michael A. Fogel, Esq., the Town of Sandy Creek submitted a request for a hearing on DEC’s denial dated March 13, 2025.

SEQRA Status: The Project is a Type I action under ECL article 8 (State Environmental Quality Review Act [SEQRA]) and 6 NYCRR 617.5. The Sandy Creek Town Board, as lead agency, issued a negative declaration.

Prior Notice of Complete Application and Public Comment Period: On April 24, 2024, DEC issued a Notice of Complete Application (NOCA) in the Environmental Notice Bulletin (ENB) commencing the public review and comment period for the referenced application and DEC’s tentative determination to deny the application. The NOCA was published in the ENB at: https://dec.ny.gov/news/environmental-notice-bulletin/2024-04-24/completed-application/sandy-creek-water-service-area-3

Current Notice: This Notice serves to provide the public notification that DEC will hold a public comment hearing, provide a written public comment period, set deadlines for petitions for party status, and hold an issues conference regarding the Towns’ permit application, DEC’s notice of denial, and the Town of Sandy Creek’s request for a hearing as described below.   

Public Comment Hearing: A virtual public comment hearing held pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public will be held on Wednesday, April 2, 2026 at 6:00 p.m.

All persons, organizations, corporations, or government agencies who may be affected by the project are invited to attend the hearing and comment on the Towns’ permit application, DEC’s notice of denial, and the Town of Sandy Creek’s request for a hearing. Lengthy comments should be submitted in writing. Equal weight will be given to oral and written statements. The Administrative Law Judge (ALJ) may limit the time available for oral comments to 2 minutes per person, depending on the number of people wishing to speak, to ensure that all persons have an opportunity to be heard. 

Language interpretation services shall be made available to persons with limited English proficiency, including American Sign Language, at no cost. Requests must be received 10 calendar days before the meeting, but DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the NYSDEC Division of Communication, Education, and Engagement by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-4500), e-mail ([email protected]), or phone (518) 402-8028.

Registration for Public Comment: To register for the virtual public comment hearing, please use the following:

Webinar topic: Town of Sandy Creek Public Comment Hearing

Date and time: Thursday, April 2, 2026 6:00 PM | (UTC-05:00) Eastern Time (US & Canada)

Register link: https://meetny-gov.webex.com/weblink/register/rf8d0e7e4f3449a8be0affdded8b9ebac

Join by phone:

+1-929-251-9612 United States Toll (New York City)

+1-415-527-5035 United States Toll

Access code: 2831 032 1934

Webinar password: Welcome1 (93526631 when dialing from a phone or video system)

Written Public Comments: Written comments concerning the Towns’ permit application, DEC’s notice of denial, and the Town of Sandy Creek’s request for a hearing must be postmarked by Friday, April 10, 2026, and mailed to Administrative Law Judge Timothy MacPherson at DEC’s Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, or emailed to ALJ MacPherson at [email protected] by 5:00 p.m. on Friday, April 10, 2026.  Written statements will be considered equally with oral statements given at the public comment hearing, provided they are postmarked by Friday, April 10, or emailed by 5:00 p.m. on that date. 

Statement of Issues: The Town of Sandy Creek must submit a statement of issues no later than 5:00 p.m. on Friday, March 27, 2026, addressed to the ALJ and Department staff’s attorney.  The statement of issues must: (a) identify issues for adjudication which meet the criteria of 6 NYCRR 624.4(c); (b) present an offer of proof specifying the witness(es), each witness’s qualifications, the nature of the evidence the applicant expects to present at the evidentiary hearing and the grounds upon which the assertion is made with respect to each issue; and (c) identify whether each identified issue is an issue of fact or law.  The statement of issues must also be provided to all persons who filed petitions for party status no later than 5:00 p.m. on March 27, 2026. 

Responses: Department staff may submit a response to the Town of Sandy Creek’s statement of issues and Department staff and the Town of Sandy Creek may submit responses to petitions for party status provided they are submitted no later than 5:00 p.m. on Friday, April 17, 2026.  Responses must also be provided to all persons who filed petitions for party status no later than 5:00 p.m. on Friday, April 17, 2026. 

Issues Conference: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory issues conference will be conducted by ALJ MacPherson. The conference will be held virtually and will begin at 10:00 a.m. on Thursday, April 23, 2026.  The purpose of the issues conference is to determine party status for any person or organization that has properly filed a petition (as indicated below), to consider DEC’s notice of denial, the Town of Sandy Creek’s statement of issues and Department staff’s response thereto, and to narrow and define those issues, if any, that will require adjudication in this matter.  Participation at the issues conference shall be limited to Department staff, applicant, and those persons or organizations requesting party status.  Issues proposed for adjudication must be both substantive and significant in accordance with 6 NYCRR 624.4(c).  Members of the public may observe the issues conference.

Filing for Party Status and Proposed Issues: Persons seeking to participate at the issues conference and the subsequent adjudicatory hearing, if one is necessary, must file a written petition explaining whether their request is for full party status or amicus status. For the required contents of petitions for full party status, see 6 NYCRR 624.5(b)(1) and (2). To determine whether an issue is substantive, see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition seeking amicus status, see 6 NYCRR 624.5(b)(1) and (3).

All petitions requesting party status to participate at the adjudicatory hearing must be received at DEC’s Office of Hearings and Mediation Services no later than 5:00 p.m. on Friday, March 27, 2026. Address all petitions to Administrative Law Judge Timothy MacPherson, DEC’s Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, telephone: (518) 402-9003, email: [email protected]. At the same time and in the same manner that the petition is furnished to the ALJ, a copy of the petition must be furnished to applicant’s attorney, Michael A. Fogel, Esq., telephone: (315) 399-4343, x203, email: [email protected], and to Department staff’s attorney, Margaret Sheen, Regional Attorney, New York State Department of Environmental Conservation, 5786 Widewaters Parkway, Syracuse, New York 13214-1867, telephone: (315) 426-7435, email: [email protected].  Any questions about the filing requirements or other hearing procedures may be addressed to ALJ MacPherson by telephone at (518) 402-9003. DEC’s permit hearing regulations may be found at https://dec.ny.gov/regulatory/regulations/chapter-vi and a guide to permit hearing procedures may be found at https://dec.ny.gov/regulatory/permits-licenses/environmental-permits/guide-to-permit-hearings.

Filing by Email: Filing of petitions for party status, the Town of Sandy Creek’s statement of issues and responses from Department staff and the Town of Sandy Creek by email is authorized provided the petitions, statement of issues and responses are received by all of the parties or petitioners, as directed above, by the 5:00 p.m. deadline for each filing, and a conforming hard copy is sent by first class mail and postmarked by the respective deadline date. Telefaxed petitions will not be accepted.

How to obtain application materials:

Project materials are available at the Department’s Region 7 office, by appointment only: 

NYS DEC, Region 7 office

Kevin Balduzzi, Regional Permit Administrator

5786 Widewaters Parkway

Syracuse, New York 13214-1867

Filed application documents and notice of denial are also available for review at https://dec.ny.gov/environmental-protection/facilities-in-your-neighborhood/sandy-creek-water-service-extension-project.  For further information contact Kevin M. Balduzzi, Regional Permit Administrator, Region 7, NYSDEC - Division of Environmental Permits, Phone: (315) 426-7493, E-mail: [email protected].

Statutory and Regulatory Provisions: This proceeding is being conducted according to ECL article 3, title 3 (General Functions), ECL article 34, (Coastal Erosion Hazard Areas), ECL article 70 (Uniform Procedures); 6 NYCRR part 621 (Uniform Procedures), part 624 (Permit Hearing Procedures), and part 505 (Coastal Erosion Management).

Timothy MacPherson

Administrative Law Judge

February 25, 2026

Albany, New York

New York State Department of Environmental Conservation Notice of Public Comment Hearing, Public Comment Period, Deadline for Petitions for Party Status and Statement of Issues, and Issues Conference 

Applicant:      

Shelby Crushed Stone, Inc.

10830 Blair Road

Medina, NY 14103

Applicant’s Attorney:  

Michael A. Fogel, Esq.

Fogel & Brown P.C.

AXA Tower II, Suite 1620

120 Madison Street

Syracuse, New York 13202

Project Location:   

Town of Shelby, Orleans County

DEC Application:   

Medina Mine Expansion (Mine ID #80346); DEC ID#s 8-3436-00007/00001, /00020 and /02010

Project Description: 

On June 5, 2019, Shelby Crushed Stone, Inc. provided the New York State Department of Environmental Conservation (DEC or Department) with an application to modify an Article 23 Mined Land Reclamation Permit and a corresponding State Environmental Quality Review (SEQR) Full Environmental Assessment Form for an expansion of its permitted limestone/dolostone mine.  As proposed, the existing 106-acre hard rock quarry, located at 10830 Blair Road in the Town of Shelby, would be expanded by 14.8 acres, for a total mine area of 120.8 acres. The DEC permit applications referenced above seek a modification of the existing Article 23 Mined Land Reclamation Permit, a new Article 24 Freshwater Wetland permit, and a new Section 401 Water Quality Certification. 

On May 28, 2024, the Department issued a Notice of Complete Application to the applicant, which was published in the Environmental Notice Bulletin (ENB) on June 5, 2024, commencing the public review and comment period for the referenced permit and associated application materials. Five individuals provided verbal comments during a hearing on June 27, 2024.  Three individuals provided written comments/letters. 

The Department issued a notice of denial of the permit application on June 6, 2025 and the applicant requested a hearing on that denial on July 1, 2025. 

SEQRA Status: 

After classifying the action as a Type I action under SEQR, DEC coordinated with other involved agencies. On May 20, 2020, DEC was established as the SEQR Lead Agency.  On September 16, 2020, after review of the application and SEQR Environmental Assessment Form, DEC issued a SEQR Positive Declaration requiring the preparation of a draft Environmental Impact Statement (dEIS). On March 23, 2021, DEC made a draft Scoping Document for the dEIS available for public review and comment. Written comments were accepted through April 29, 2021. A final scoping document was accepted on May 27, 2021, and provided to all SEQR involved agencies. A dEIS was initially submitted to the DEC on September 23, 2021. After review of subsequent revisions, the dEIS was accepted for public review on May 28, 2024. After notice and public comment, DEC accepted the final EIS on June 5, 2025, and adopted SEQRA findings on June 6, 2025. 

How to obtain application materials:

Application documents and the notice of permit denial are available for review during normal business hours at the DEC Region 8 office, 6274 East Avon Lima Road, Avon, NY 14414. For further information, contact: [email protected]  or phone (585) 226-5396. 

Public Comment Hearing: 

A virtual public comment hearing on the denial of the permit and variance will be held before ALJ Elizabeth Phillips to receive unsworn statements from the public at 6:00 p.m. on October 8, 2025. To register to attend or speak at the virtual public comment hearing, visit:     

Register link:

https://meetny-gov.webex.com/weblink/register/r5ac04447a99b342002343d32485f8bab

Webinar topic:

Shelby Crushed Stone Virtual Public Meeting

Date and time:

Wednesday, October 8, 2025 6:00 PM | (UTC-04:00) Eastern Time (US & Canada)

Language interpretation services shall be made available to persons with limited English proficiency, including American Sign Language, at no cost. Requests must be received 10 calendar days before the meeting, but DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the DEC Office of Public Outreach by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-4500), e-mail ([email protected]), or phone (518) 402-8028.

Written Comments: Written comments concerning the project and the notice of denial must be postmarked by October 10, 2025, and mailed to Administrative Law Judge (ALJ) Elizabeth Phillips at the Department’s Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, or emailed to ALJ Phillips at [email protected] by 5:00 p.m. on October 10, 2025. Please include “Shelby Crushed Stone, Inc.” in the subject line.

Filing for Party Status and Proposed Issues:

Applicant’s statement of issues must be sent by electronic mail by 4:00 p.m. on October 24, 2025 to:

Elizabeth Phillips Administrative Law Judge

Office of Hearings and Mediation Services 625 Broadway, 1st Floor

Albany, NY 12233-1550

[email protected]

Dusty R. Tinsley, Esq.

NYS Department of Environmental Conservation, Region 8

6274 East Avon-Lima Road
Avon, NY 14414

[email protected]

A hard copy should also be sent to ALJ Elizabeth Phillips, postmarked by October 24, 2025.

Petitions for Party Status must be sent by electronic mail by 4:00 p.m. on October 24, 2025 to the parties listed above and to the applicant:

Michael A. Fogel, Esq.

Fogel & Brown P.C.

AXA Tower II, Suite 1620

120 Madison Street

Syracuse, New York 13202

[email protected]

A hard copy should also be sent to ALJ Elizabeth Phillips, postmarked by October 24, 2025.

The statement of issues must: (a) identify issues for adjudication which meet the criteria of 6 NYCRR 624.4(c); (b) present an offer of proof specifying the witness(es), each witness’s qualifications, the nature of the evidence the applicant expects to present at the evidentiary hearing and the grounds upon which the assertion is made with respect to each issue; and (c) identify whether each identified issue is an issue of fact or law. For more detail on the required contents of the statement of issues, see 6 NYCRR 624.2(c) at: https://dec.ny.gov/sites/default/files/2024-09/Part624CourtesyCopy.pdf

Response to Petitions for Party Status:

Responses to the Petitions for Party Status from Department staff and Applicant must be sent by electronic mail by 4:00 p.m. on November 7, 2025  to the other party, any party petitioning for party status, and to ALJ Elizabeth Phillips, at [email protected].  A hard copy should also be filed with the ALJ, postmarked by November 7, 2025. 

Response to the Statement of Issues:

Responses to the Statement of Issues from Department staff must be sent by electronic mail by 4:00 p.m. on November 7, 2025 to the applicant, any party who requested party status and to ALJ Elizabeth Phillips, at [email protected]. A hard copy should also be filed with the ALJ, postmarked by November 7, 2025. 

Issues Conference: 

The purpose of the issues conference is to determine party status for any person or organization who has properly filed a petition (as indicated below), consider the Department’s notice of denial, the applicant’s statement of issues, and narrow and define those issues, if any, that will require adjudication in this matter. Participation at the issues conference shall be limited to Department staff, applicant, and those persons or organizations requesting party status. Issues proposed for adjudication must be both substantive and significant in accordance with 6 NYCRR 624.4(c).

The issues conference will be held on December 2, 2025 at 10:00 a.m. at:

DEC Region 8 Headquarters, 6274 East Avon-Lima Road, Avon, NY 14414

Statutory and Regulatory Provisions: This proceeding is being conducted according to ECL article 3, title 3 (General Functions), ECL article 23, title 27 (Mined Land Reclamation), ECL article 24 (Freshwater Wetlands), ECL article 70 (Uniform Procedures), 6 NYCRR part 621 (Uniform Procedures), part 624 (Permit Hearing Procedures), part 663 (Freshwater Wetlands Permit Standards) and part 664 (Freshwater Wetlands Jurisdiction and Classification).

Any questions about the filing requirements or other hearing procedures may be addressed to ALJ Phillips by telephone at (518) 402-9003. The Department’s permit hearing regulations may be found at https://dec.ny.gov/regulatory/regulations/chapter-vi, and a guide to permit hearing procedures may be found at Guide To Permit Hearings - NYSDEC.

Elizabeth Phillips 

Administrative Law Judge

September 3, 2025

Albany, New York

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