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Goldsmith, Stuart (January 2000)

January 11, 2000


Stuart Goldsmith, 8 Salt Meadow Lane, East Patchogue, New York 11772, ("Applicant") has applied to the New York State Department of Environmental Conservation ("Department") for a permits to dredge along a bulkhead at the above address in the Town of Brookhaven, ("Town") Suffolk County, SCTM #204 982.70 300 19.004 The Applicant proposes to maintenance dredge where needed within a 50 foot by 460 foot area adjacent to an existing bulkhead to a 3 foot level below apparent low water. The Applicant has applied for a tidal wetlands permit and a water quality certification.

Staff reviewed the application #1-4722-01400/00005 and apparently determined it to be complete with the receipt of modified plans dated September 10, 1999 and then denied the application with notification to the Applicant by letter dated October 21, 1999. That letter also acknowledged the Applicant's requested for this public hearing on the denial.

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 (Water Resources), Article 25 (Tidal Wetlands) 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 608, Part 617, Part 621, Part 624, and Part 661 et seq.

The Department Staff relied on the determination by Town on January 27, 1989 that pursuant to SEQR, the proposal would not have a significant effect on the environment and would not require the preparation of an environmental impact statement.

PUBLIC HEARING: All persons, organizations, corporations or government agencies which may be affected by the project are invited to comment on the applications. For this purpose, a legislative hearing to receive your comments will be held on Thursday March 23, 2000 at 9:30 AM in the Patchogue Village Hall, 14 Baker Street, Patchogue, New York 11772. This location is reasonably accessible to persons with a mobility impairment. Written comments will also be received prior to the legislative hearing at the Region 1 address given below.

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). An adjudicatory hearing at the same location would immediately follow the issues conference and continue from day to day thereafter if necessary. 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 argument, must be received on or before March 21, 2000 at the Office of Hearings and Mediation Services, 50 Wolf Rd, Albany, New York 12233-1550, Attn: Francis W. Serbent, PE, ALJ with copies to both the Applicant and the Region 1 Staff.

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 1 Office, Building 40 SUNY, Stony Brook, New York 11790-2356, Attn: Craig Elgut, Esq., telephone 516-444-0260 and at the Office of Hearings and Mediation Services, telephone 518-457-3468.

Daniel E. Louis
Chief Administrative Law Judge

January 11, 2000
Albany, NY

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