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Garrett Landing, LLC (Legislative Hearing)

June 23, 2003

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING

APPLICANT: Garrett Landing LLC
4 Centre Drive
Orchard Park, New York 14127
(716) 667-1234

APPLICATION No. DEC 8-4672-00041/00003

PROJECT LOCATION: 1 Lake Street
Urbana, Steuben County, New York

PROJECT: The Applicant proposes to construct a three-story townhouse building containing 26 townhouse units adjacent to Keuka Lake at 1 Lake Street, Town of Urbana, Steuben County, New York, repair 50 linear feet of existing vertical breakwall, stabilize the eastern shoreline with riprap, maintain an existing dock, add 445 linear feet of new dock and board walk on piles, add 384 linear feet of new slips, construct a new access drive from Water and Mill streets, and construct new wastewater and stormwater treatment systems at the 2.15 acre site. The project requires the removal of an abandoned warehouse at the site to create the proposed Garrett Landing facility. The applicant also proposes to discharge approximately 6,400 gallons per day of treated sanitary effluent from a Bioclere treatment plant to groundwater.

PERMITS: 1) State Pollutant Discharge Elimination System (SPDES) Permit pursuant to Article 17 of the Environmental Conservation Law (ECL); 2) Protection of Waters Permit pursuant to ECL Article 15; 3) SPDES General Permit for Stormwater Discharges from Construction Activity pursuant to ECL Article 17.

SEQR STATUS: Pursuant to the State Environmental Quality Review Act (SEQR), ECL Article 8 and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York,(6 NYCRR) Part 617, The Village of Hammondsport, as lead agency, issued a positive declaration on July 23, 2002. Subsequently a DEIS and FEIS were prepared. The FEIS was accepted on March 25, 2003. The lead agency made findings on April 30, 2003 and published its findings on May 11, 2003.

State Historic Preservation Act: A structural archaeological assessment form (SAAF) has been completed. Based on the information provided in the survey report, the NYS Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will not have an impact on registered or eligible archaeological sites or historic structures.

PUBLIC HEARING: A legislative hearing for the receipt of public comments on the application will be held, beginning at 6:00 PM on July 23, 2003, at the following location:

Hammondsport Central School (cafeteria)
Main Street (off Route 54)
Hammondsport, NY
(607) 569-5240.

All persons, organizations, corporations, or government agencies who may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments on the application. It is not necessary to file in advance to speak at the hearing. Lengthy comments should be submitted in writing. Equal weight will be given to both oral and written statements. The Administrative Law Judge ("ALJ") may limit the time available for oral comments to 5 minutes per person to ensure that all persons have an opportunity to be heard. The hearing facility is reasonably accessible to the mobility impaired.

WRITTEN COMMENTS: Parties may file written comments with the NYS Department of Environmental Conservation, Region 8 Office, attn: Kimberly Merchant, 6274 E. Avon-Lima Rd. Avon, NY 14414 (Tel: 585-226-5392). Written comments must be postmarked no later than Monday August 4, 2003.

DOCUMENT AVAILABILITY: The application materials are available for review during normal business hours, Monday through Friday, at the following locations:

1. NYSDEC, Region 8 Office, attn: Kimberly Merchant, 6274 E. Avon-Lima Rd. Avon, NY 14414 (Tel: 585-226-5392).

2. Village of Hammondsport Hall, 41 Lake Street, Hammondsport, NY 14840.

STATUTORY and REGULATORY PROVISIONS: Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3, (General Functions); Article 17, Title 7, (Water Pollution Control); 6 NYCRR Article 3 (State Pollutant Discharge Elimination System); Part 621 (Uniform Procedures), Article 21 and 6 NYCRR Part 617 (SEQR).

JAMES T MCCLYMONDS
CHIEF ADMINISTRATIVE LAW JUDGE

Albany, New York
June 23, 2003

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