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Can Am Development Corporation

April 1, 2002


APPLICANT: Can Am Development Corporation, 10 Nelson Road, Monsey, New York 10952.

Attention: Eli Stern.

PROJECT APPLICATION NUMBER: Freshwater Wetlands Application No. 3-3924-00203/00001.

PROJECT AND LOCATION: The Applicant has applied for a freshwater wetlands permit to construct three homes in a portion of the 100 ft. adjacent area of regulated freshwater wetland NA-9, which is a Class II wetland. The Applicant proposes to convert a portion of the adjacent area to a wetland as mitigation to offset the loss of benefits currently provided by the adjacent area. The Applicant's property is located on Lauren Drive, north of Oak Tree Road and west of Route 340 in Palisades, Town of Orangetown, New York (Rockland County). The Applicant's project is referred to as the Oak Tree Park Subdivision.

TENTATIVE STAFF POSITION: Staff from the Department of Environmental Conservation (DEC) opposes the issuance of the freshwater wetlands permit. According to the Staff, the proposed project would not meet the standards for permit issuance outlined in 6 NYCRR Part 663.

SEQRA STATUS: For this unlisted action, the Town of Orangetown Planning Board, as lead agency, issued a positive declaration on April 13, 1998. Subsequently, the Town Planning Board issued a Notice of Completion of draft environmental impact statement (DEIS) on April 12, 2000, which provided for a 30 day public comment period. After reviewing the public comments concerning the DEIS, the Town of Orangetown Planning Board issued a negative declaration on June 28, 2000.

With respect to the State Historic Preservation Act (SHPA), a cultural resources survey has been completed. No archaeological sites or historic structures were identified at the project site.

PERMITS REQUIRED AND STATUTORY AND REGULATORY PROVISIONS: Pursuant to Environmental Conservation Law (ECL) Article 24 (Freshwater Wetlands) and the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 663 (Freshwater Wetlands Permit Requirements), the Applicant has filed an application for a freshwater wetlands permit. The application was filed, and is being processed, pursuant to ECL Article 3, Title 3 (General Functions), Article 70 (Uniform Procedures) and Article 8(SEQRA), as well as 6 NYCRR Part 621 (Uniform Procedures), Part 617 (SEQRA) and Part 624 (Permit Hearing Procedures).

PUBLIC HEARING: All persons who may be affected by the proposed project are invited to comment on the application. Pursuant to 6 NYCRR 624.4(a), a legislative hearing to receive oral comments will be held on May 1, 2002 at 10:00 A.M. at the Town of Orangetown Town Hall, 26 Orangeburg Road, Orangetown, NY 10962. It is not necessary to file in advance to speak at this hearing. In lieu of oral comments, written statements may also be submitted either by mail or at the hearing. Mailed written statements must be received by the assigned Administrative Law Judge (ALJ), at the address given below, by April 26, 2002. Written statements will be considered equally with oral comments made at the legislative hearing.

The location of the legislative hearing is reasonably accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at least 10 days before the hearing.

ISSUES CONFERENCE: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory hearing Issues Conference will be held at the same location as the legislative hearing and immediately following the legislative hearing on May 1, 2002 to determine party status for any person who has properly filed (as indicated below), and to narrow and define the scope of issues, if any, which will require adjudication. Participation at the Issues Conference will be limited to DEC Staff, the Applicant, and those persons requesting party status. If issues are identified by the ALJ, a hearing on these issues will immediately commence following the Issues Conference, and continue on May 2, 2002, if necessary. All participants must have their witnesses and any documentary evidence available for presentation on May 1 and 2, 2002. If there are no filings for party status, or if any filed objections are withdrawn and all issues satisfactorily resolved, the Issues Conference will be canceled, as will any adjudicatory hearing.

FILING FOR PARTY STATUS: Persons seeking to participate in the Issues Conference and any subsequent adjudicatory hearing must file a petition (a written statement) explaining whether the 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 filings for party status must be received at the Department's Office of Hearings and Mediation Services by April 26, 2002. Send them to: Daniel P. O'Connell, Administrative Law Judge, Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany, New York 12233-1550, [telephone: (518) 402-9003]. Telefaxed petitions will not be accepted. Send copies at the same time and in the same manner to Dominic Cordisco, Esq., Regional Attorney, Department of Environmental Conservation, Region 3 Office, 21 South Putt Corners Road, New Paltz, New York 12561-1696 [telephone: (845) 256-3000]; and to the Applicant's Attorney, Donald Brenner, P.E., Esq., 4 Independence Avenue, Tappan, New York 10983 [telephone: (845) 359-2210].

DOCUMENT AVAILABILITY: All filed documents, including the permit application, are available for public review at the offices of the assigned ALJ and at the Department's Region 3 Office, at the addresses provided above. In the Department's Region 3 Office, contact Ruth D. Bean, Division of Environmental Permits,

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
April 1, 2002

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