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Rochester Redevelopment, LLC - November 11, 2015

November 11, 2015

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF LEGISLATIVE PUBLIC HEARING, ISSUES CONFERENCE,
AND ADJUDICATORY HEARING

Applicant: Rochester Redevelopment, LLC
656 Admiralty Way
Webster, NY 14580

DEC Application ID No.:8-2634-00365/00001

Project Location and Description: Applicant proposes to construct a single-family home on property ("site") located on the shore of Irondequoit Bay at 1570 Bay Shore Blvd., Irondequoit, Monroe County, NY. Applicant also proposes to make improvements to an access road, install associated utilities, and create a stonedust walking path with associated retaining wall at the site.

Permits Requested: Applicant applied to the New York State Department of Environmental Conservation ("Department") for permits pursuant to (i) Environmental Conservation Law ("ECL") article 24 (Freshwater Wetlands) and part 663 of title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR"); and (ii) ECL article 34 (Coastal Erosion Hazard Areas ["CEHA"]) and 6 NYCRR part 505. The notice of complete application was published in the Environmental Notice Bulletin on July 1, 2015 and in the Irondequoit Post on July 2, 2015.

SEQRA Status: Department staff determined that the project is not subject to further review under the State Environmental Quality Review Act, ECL article 8 ("SEQRA") and 6 NYCRR part 617 because it is a Type II action.

Department Staff Position: The Department's Division of Environmental Permits denied the permit by letter dated September 4, 2015. Department staff determined that the proposed project failed to satisfy the standards for issuance of a freshwater wetlands permit ( see 6 NYCRR 663.5[e]). Specifically, staff determined that the proposed project is incompatible with the wetland and its benefits and that the proposed construction on, and permanent disturbance of, the site would cause substantial degradation to the wetland and wetland adjacent area ( see 6 NYCRR 663.5[e][1][i], [ii]). Staff further determined that the proposed project did not meet the weighing standards applicable to a Class 1 wetland because it has no compelling economic or social need, it is not the only practicable alternative, and it does not minimize degradation or loss to the wetland or adjacent area ( see 6 NYCRR 663.5[e][2]). Staff also determined that the proposed project failed to satisfy the standards for issuance of a CEHA permit or a variance ( see 6 NYCRR 505.6, 505.13) since the proposed improvements to the access road are not necessary unless the site is developed.

Legislative Hearing: All persons, organizations, corporations, or government agencies that may be affected by the project are invited to comment on the application. For this purpose, a legislative hearing to receive unsworn comments will be held on December 7, 2015, at 10:00 a.m., at the Irondequoit Town Hall, 1280 Titus Avenue, Rochester, New York. This location is reasonably accessible to persons with a mobility impairment.

Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request to the ALJ at the address below. Requests must be made at least seven days prior the hearing.

Written comments may also be submitted at the legislative hearing or may be mailed to the Administrative Law Judge at the address below, to be received on or before December 7, 2015. As noted below, if the hearing is cancelled because all potential issues for adjudication are resolved prior to the issues conference, written comments will still be accepted.

Issues Conference: A pre-adjudicatory hearing issues conference will be held at the same location immediately following the legislative hearing. The purpose of the issues conference is to define, narrow and, if possible, resolve the issues that are proposed as subjects for adjudication. The known issues include Department staff's bases for the denial of the application. Other issues may be proposed for adjudication and must be both substantive and significant in accordance with 6 NYCRR 624.4(c). It is important that any persons requesting party status appear or be represented at the issues conference in order that all proposed issues may be fully discussed.

The Department's permit hearing procedures (6 NYCRR part 624) (link leaves DEC website) and a guide to permit hearings may be obtained by contacting the Office of Hearings and Mediation Services. The regulations may also be accessed at http://www.dec.ny.gov/regs/2488.html and the guide may be accessed at http://www.dec.ny.gov/permits/6234.html.

Adjudicatory Hearing: The adjudicatory hearing is scheduled to take place at the same location, immediately following the issues conference and will continue on successive days, as necessary.

Party Status: Party status to participate in the adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status. The petition must include the facts intended for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). Any petition must fully identify the proposed party together with the name(s) of the person(s) who will act as the proposed party's representative(s), the proposed party's environmental interest in the proceeding, any interest relating to the statutes administered by the Department relevant to the project, whether the request is for full party or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status. Please see 6 NYCRR 624.4 and 624.5 for further information on party status and identification of issues.

If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project, or the imposition of significant permit conditions. The petition must identify the statutory and regulatory requirements the project may not meet and provide an offer of proof specifying the witness(es), the nature of the evidence that the petitioner intends to present at the hearing, and the basis for the assertions as to the existence of proposed adjudicable issues.

All filings requesting party or amicus status must be received on or before the close of business on November 30, 2015, at the Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany, New York 12233-1550, attn: Administrative Law Judge Richard A. Sherman. Electronic filings or telefaxed submissions will NOT be accepted. Copies of the filing are to be sent at the same time and in the same manner to: James Mahoney, Esq., Assistant Regional Attorney, at the Department's Region 8 Office, Office of General Counsel, 6274 Avon-Lima Road, Avon, New York 14414-9519; and to Alan Knauf, Esq., Knauf Shaw, LLP, 1400 Crossroads Building, 2 State Street, Rochester, New York 14614-1365.

If all potential adjudicable issues, including any proposed under a duly filed petition for party status, are satisfactorily resolved before the issues conference, the hearing, including the legislative portion thereof, will be canceled. However, written comments may still be submitted to the Department until December 7, 2015.

Document Availability: All filed documents, the application, and other papers are available for inspection during normal business hours at the Department's Region 8 Office, 6274 East Avon-Lima Road, Avon, New York 14414, attn: Peggy Norry, telephone 585-226-5399, and at the Office of Hearings and Mediation Services in Albany, telephone 518-402-9003.

Statutory and Regulatory Provisions: This application is being processed in accordance with ECL article 3, title 3 (General Functions); article 8 (State Environmental Quality Review ["SEQR"]); article 24 (Freshwater Wetlands); article 34 (Coastal Erosion Hazard Area); and article 70 (Uniform Procedures); as well as and 6 NYCRR part 617 (SEQR); part 621 (Uniform Procedures); part 624 (Permit Hearings); part 663 (Freshwater Wetlands Permit Requirements); and part 505 (Coastal Erosion Management).

James T. McClymonds
Chief Administrative Law Judge

November 5, 2015
Albany, New York

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