Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Environmental Review topic
No spam. Unsubscribe anytime.
Board continues public hearing for Mill Road micro‑hydro work pending DEC jurisdictional and restoration details
Summary
Applicant for micro‑hydropower abatement at 443 Mill Road provided a DEC 401 determination but the planning board continued the hearing until the applicant obtains a jurisdictional determination, silt‑fencing details and a professional‑stamped restoration/landscape plan.
The planning board continued the public hearing on Joel Herb’s 443 Mill Road micro‑hydroelectric abatement project after staff and board members said additional agency documentation and restoration details were missing.
Herb reported he had received a DEC 401 certification related to water quality permitting but board staff and members said that did not substitute for a DEC jurisdictional determination about wetlands or the need for Army Corps coordination; they asked for a written JD from DEC and for any Army Corps concurrence regarding nationwide permit coverage. Board staff also asked for a licensed landscape professional to stamp bank restoration plans, for silt‑fence locations to be shown on plans and for confirmation whether any fish‑passage measures (a fish ladder) would be used. The board previously asked the applicant to pay for consultant review assistance if professional expertise beyond staff review was needed.
Why it matters: The application involves streambed disturbance and bank stabilization. Board members emphasized a need for sediment controls and professional monitoring during any work, and said earlier removal of rock and disturbed materials has raised concerns about turbidity and habitat impacts. A consulting ecologist had already surveyed the stream and reported eels present above and below a dam, which influenced discussion about whether additional fish‑passage work was necessary.
What’s next: The board continued the hearing to the May 5 meeting and requested from the applicant: a DEC jurisdictional determination in writing, silt‑fence locations shown on the plan, stamped restoration plans by a licensed landscape professional (or similar), and a statement accepting the board’s possible consultant‑review costs.
