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Danahy, Susan and Phillip Garofolo

September 21, 2001


APPLICANTS: Susan Danahy and Phillip Garofolo, 38 Old Farm Circle, Pittsford, New York 14534

PROJECT: Applicant has applied (Application # -8-3224-00322/0001) to the New York State Department of Environmental Conservation ("Department") for a protection of waters permit and water quality certification to construct a 50' concrete bulkhead along the shoreline in Canandaigua, New York on a site located at 3314 Fallbrook Park, Canandaigua and owned by the applicants. The Department's Division of Environmental Permits reviewed the application and issued a denial of the application with notification to the Applicants by letter dated April 26, 2001. On May 16, 2001, the Applicants, through their attorneys Underberg & Kessler, LLP 1800 Chase Square, Rochester, New York 14604 requested a hearing on the denial.

PERMITS: Protection of Waters permit pursuant to Environmental Conservation Law (ECL) Article 15 and Part 608 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6NYCRR 608) ; Water Quality Certification pursuant to Section 401 of the Federal Clean Water Act and 6 NYCRR Section 608.9.

SEQRA STATUS: The Department Staff issued a Negative Declaration on December 7, 2000.

PUBLIC HEARING: All persons, organizations, corporations or government agencies which may be affected by the project are invited to comment on the application. For this purpose, a legislative hearing to receive your comments will be held on Monday November 5, 2001 at 10:00 am Town of Canandaigua Town Hall located at 5440 State Route 5 & 20 West, Canandaigua, New York 14424. This location is reasonably accessible to persons with a mobility impairment. Written comments will also be received prior to the legislative hearing at the Office of Hearings and Mediation Services at the address listed below.

ISSUES CONFERENCE: A pre-hearing issues conference at the same location will be held immediately following the legislative hearing. The known issues are Staff's' basis for the denial. Other issues may be proposed for adjudication and must be both substantive and significant in accordance with 6 NYCRR §624.4(c).

ADJUDICATORY HEARING: An adjudicatory hearing at the same location would immediately follow the issues conference and continue from day to day thereafter if necessary.

PARTY STATUS: All filings requesting party status must be according to the criteria outlined in 6 NYCRR §624.5 [Hearing Participation] including an explanation of interest and description of the facts you intend to offer. All filings requesting party status, proposing issues for adjudication or for presenting argument, must be received on or before October 26, 2001 at the Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550, attn: Molly T. McBride, ALJ with copies to both the Applicant's Attorneys Underberg & Kessler at the address given above and the Region 8 Staff at the address given below.

Interpreter services shall be made available to deaf persons that are parties or witnesses pursuant to SAPA, at no charge, upon written request to the ALJ within a reasonable time prior to the hearing.

DOCUMENT AVAILABILITY: All filed documents, the application and other papers are available for inspection at the Department's Region 8 Office, 6274 East Avon-Lima Road, Avon, New York 14414-9519, Attn: Marc Migliore, Division of Environmental Permits, telephone 716-226-5393 and at the Office of Hearings and Mediation Services, telephone 518-402-9003. A copy of 6 NYCRR Part 624 may be obtained from the Office of Hearings and Mediation Services.

STATUTORY AND REGULATORY PROVISIONS: The applications are processed and this proceeding is conducted according to the Environmental Conservation Law ("ECL") Article 3 (General Functions), Article 8 (Environmental Quality Review, "SEQR"), Article 15, Title 5 (Protection of Waters) and Article 70 (Uniform Procedures); and also Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR"), Part 617 (SEQR) Part 621 (Uniform Procedures), Part 624 (Permit Hearings).

Daniel E. Louis
Chief Administrative Law Judge

September 21, 2001
Albany, NY

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