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In a press release issued on March 23, 2010 Scenic Hudson announced that "the DEC has clarified that the permit [issued to O&G] is limited to select maintenance activities on an abandoned railroad bed that runs through South Bay...The action makes clear that the DEC permit is not—contrary to the company’s public assertions—a substitute for any approvals that O&G would otherwise need to secure from the City of Hudson and Town of Greenport, including following requirements of the State Environmental Quality Review Act (SEQRA)."

With the press release Scenic Hudson published the written stipulation between Scenic Hudson and DEC, based on DEC’s clarification of the permit provisions and agreement about how future permit applications will be administered.

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