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Goldsmith, Stuart (October 2000)

August 21, 2000

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

APPLICANT: Stuart Goldsmith, 8 Salt Meadow Lane, East Patchogue, New York 11772 (DEC Application No. 1-4722-01400/00005)

PROJECT: The Applicant requested re-issuance of a permit which was effective from 1989 to 1999, for maintenance dredging of a 10 foot by 460 foot area located seaward of an existing functional bulkhead, to a depth of 3 feet at mean low water. A 300 square foot triangular area located at the westernmost limit of the bulkhead would also be dredged. 50 to 100 cubic yards of spoil would be removed from the waterway and deposited landward of the existing bulkhead. The purpose of the dredging is to maintain boating access to the existing davits on the easternmost lot. The project is located at 8 Salt Meadow Lane and the two adjacent lots immediately to the west, in East Patchogue, Town of Brookhaven, Suffolk County (SCTM Numbers 200-982.70-3-019.003, 200-982.70-3-19.4, and 200-982.70-3-17). The DEC Staff denied the application and the applicant requested a hearing.

PERMITS: Tidal Wetlands permit pursuant to Environmental Conservation Law ("ECL") Article 25 and Part 661 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR Part 661"); Protection of Water permit pursuant to ECL Article 15, Title 5 and 6 NYCRR Part 608; and Water Quality Certification pursuant to Section 401 of the federal Clean Water Act and 6 NYCRR Section 608.9.

SEQRA STATUS: Pursuant to the State Environmental Quality Review Act ("SEQRA," ECL Article 8 and 6 NYCRR Part 617), DEC Staff determined that the proposed project is a Type II action (§617.5(c)(1), maintenance of an existing facility) and consequently no further review is required under SEQRA.

PUBLIC HEARING: A hearing to receive unsworn statements from the public regarding the application will be held at the Patchogue Village Hall, 14 Baker Street, Patchogue, New York at 10:00 A.M. on Monday, October 2, 2000. All persons, organizations, corporations or government agencies which 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 a written request in advance to speak in this portion of the hearing. Equal weight will be given to both oral and written statements. Written statements may be filed with the Office of Hearings and Mediation Services at the address below prior to the start of the hearing. The hearing will be conducted pursuant to 6 NYCRR Part 624 (Permit Hearing Procedures).

The hearing location is reasonably accessible to persons with a mobility impairment. Interpreter services will be made available to deaf persons, at no charge, upon written request to the Administrative Law Judge named below at least five business days prior to the late of the hearing.

ISSUES CONFERENCE: Immediately following any unsworn statements about the project, a pre-adjudicatory issues conference will be held at the Patchogue Village Hall. The purpose of the issues conference is to define, narrow and resolve, if possible, the issues concerning the permit application which are proposed as subjects for adjudication in the adjudicatory portion of the hearing. The adjudicatory portion of the hearing is scheduled to begin immediately after the issues conference.

FILING FOR PARTY STATUS: Party status to participate at the adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status, pursuant to 6 NYCRR 624.5 and 624.4(c). A petitioner for party status must demonstrate that a substantive and significant issue exists concerning the proposed project. Please see 6 NYCRR 624.4 and 624.5 for further information on party status and identification of issues.

ALL FILINGS REQUESTING PARTY STATUS TO PARTICIPATE IN THE ADJUDICATORY HEARING MUST BE RECEIVED AT THE OFFICE OF HEARINGS AND MEDIATION SERVICES AT THE FOLLOWING ADDRESS NO LATER THAN CLOSE OF BUSINESS ON THURSDAY, SEPTEMBER 28, 2000. Such filings must be submitted to: SUSAN J. DUBOIS, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OFFICE OF HEARINGS AND MEDIATION SERVICES, ROOM 423, 50 WOLF ROAD, ALBANY, NEW YORK 12233-1550 (telephone 518-457-3468).

All persons filing for party status must also send a copy of their petition at the same time and in the same manner to Craig Elgut, Esq., NYS DEC Region 1, Building 40, SUNY Campus, Stony Brook, New York 11790-2356 and to the attorney for the applicant, Eugene L. Wishod, Esq., Cahn, Wishod & Knauer, 425 Broadhollow Road, Suite 315, Melville, New York 11747.

DOCUMENT AVAILABILITY: All filed documents are available for inspection during normal business hours at the Department's's Region 1 Office, Building 40, SUNY Campus, Stony Brook, New York 11890-2356 (631-444-0357, Attn.: Susan Ackerman) and at the Office of Hearings and Mediation Services at the Albany address above. A copy of 6 NYCRR Part 624 may be obtained from the Office of Hearings and Mediation Services.

STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 8 (State Environmental Quality Review); Article 15 (Water Resources); Article 25 (Tidal Wetlands); Article 70 (Uniform Procedures); and 6 NYCRR Part 661 (Tidal Wetlands); Part 608 (Use and Protection of Waters); Part 617 (SEQRA); Part 621 (Uniform Procedures) and Part 624 (Permit Hearing Procedures).

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
August 21, 2000

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