New York State Department of Environmental Conservation

Notice of Complete Application

Date: 08/21/2026

Applicant: WINDHAM SKYE CAPITAL ACQUISITION CO. LLC

242 Old New Brunswick Rd Ste 390 Piscataway, NJ 08854

Facility: Windham Skye Subdivision Co Rte 10

Windham, NY

Application ID: 4-1946-00252/00001

Permits(s) Applied for: 1 - Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is located: in WINDHAM in GREENE COUNTY

Project Description:

The New York State Department of Environmental Conservation (DEC) has prepared a draft permit subject to public comment or other information, to approve a new individual State Pollutant Discharge Elimination System (SPDES) permit for construction stormwater discharges to surface waters of the state from a proposed 33-lot residential subdivision project. The subdivision will include 30 single-family residences on 30 lots and three lots to be utilized for community septic systems and a stormwater pond. The project will disturb approximately 36 acres of the 107.9-acre lot, with 1.9 acres of disturbance occurring on slopes exceeding 25%. The work is ineligible for coverage under the statewide SPDES General Permit for Stormwater Discharges from Construction Activity because it will be undertaken on land with no existing impervious cover, will disturb one or more acres of steep slope, and is within a watershed of the surface waters of the State classified as AA.

The draft permit proposes authorization of 21 acres of disturbance for the construction of the common areas and infrastructure. The proposed permit does not authorize stormwater discharges from the construction of driveways and homes on the 30 individual residential lots, which is expected to disturb approximately 15 acres in total, and residential lot owners will be required to obtain coverage under an individual construction stormwater SPDES permit prior to the commencement of construction activities.

The receiving waters that have the potential to receive stormwater discharges from the project are: Schoharie Reservoir (Class AA(TS)) via Schoharie Creek (Class A, B(T), and C(T)), via Batavia Kill (Class A(T) and C(T)), and via Tributaries to Batavia Kill (Class C(TS), C(T), and C).

The draft SPDES permit with fact sheet is 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.

Requests for a public comment hearing must be sent in writing to the DEC contact person below by the comment deadline. The Department assesses such requests pursuant to 6 NYCRR Section 621.8. Refer to this application by the application number listed above and SPDES Number NY0305162.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination

Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other involved agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency Windham Town Planning Board

State Historic Preservation Act (SHPA) Determination

Evaluation using a Structural-Archaeological Assessment Form or other information has concluded that the proposed activity will not impact registered, eligible or inventoried archaeological sites or historic structures.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Availability For Public Comment                                                    Contact Person

Comments on this project must be                           KRISTEN L PEEK

submitted in writing to the Contact                          NYSDEC

Person no later than 08/28/2026                              1130 N Westcott Rd

or 30 days after the publication date                        Schenectady, NY 12306 of this notice, whichever is later.