August 19, 2005
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
COMBINED NOTICE OF COMPLETE APPLICATION AND
NOTICE OF PUBLIC HEARING
APPLICANT: Alexander Joachim, 32 Pameeches Path, East Moriches, New York, 11940.
PROJECT APPLICATION NUMBER: 1-4730-01198/00003.
PROJECT DESCRIPTION AND LOCATION: Alexander Joachim proposes to construct a 40' x 22', two-story single-family dwelling, with a pervious driveway, septic system and retaining wall, at 2427 River Road in Calverton, Town of Riverhead, Suffolk County. The dwelling would have a footprint of 650 square feet, the minimum required by town zoning.
PERMITS REQUESTED: Two permits are requested: (1) a Freshwater Wetlands permit pursuant to Environmental Conservation Law (ECL) Article 24 and Part 663 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR Part 663), and (2) a Wild, Scenic and Recreational Rivers System permit pursuant to ECL Article 15, Title 27, and 6 NYCRR Part 666.
SEQRA STATUS: Department Staff has determined that the project is a Type II action not subject to review under the State Environmental Quality Review Act (SEQRA). Staff considered the project to involve the construction of a single-family residence on an approved lot, including provision of necessary utility connections, installation of a septic system, and construction of minor accessory/appurtenant residential structures. As such, the project was deemed a Type II action pursuant to 6 NYCRR 617.5(c)(9) and (10).
NOTICE OF COMPLETE APPLICATION: Department Staff has determined that the permit application is complete pursuant to 6 NYCRR Part 621. According to 6 NYCRR 621.1(d), a "complete application" is one which is an approved form and complete for the purpose of commencing review of the application but which may need to be supplemented during the course of review in order to enable the Department to make the findings and determinations required by law.
STAFF POSITION: Department Staff has determined that the project does not satisfy the standards at 6 NYCRR 663.5 for issuance of a Freshwater Wetlands permit. Staff has also determined that the project does not meet the standards at 6 NYCRR 666.8(f) or use guidelines at 6 NYCRR 666.13 for issuance of a Wild, Scenic and Recreational Rivers System permit. The entire project would be constructed within the adjacent area of freshwater wetland R-5, defined as that area within 100 feet of the designated wetland boundary. Pursuant to 6 NYCRR 663.4, such construction would be incompatible with the wetland and its functions. Furthermore, the septic system would be within 67 feet of the wetland. Pursuant to 6 NYCRR 663.4(d)(38), the introduction of sewage effluent into the wetland's adjacent area would also be incompatible with the wetland and its functions. Finally, the proposed dwelling would be within 54 feet of the bank of the Peconic River, a designated recreational river according to ECL 15-2714(3)(gg). Pursuant to 6 NYCRR 666.13, private dwellings that are within 150 feet of the river bank are prohibited within a recreational river corridor. According to Department Staff, the project would adversely affect the river corridor's scenic, ecological, aesthetic, and fish and wildlife resources. Department Staff issued a notice of permit denial dated October 22, 2004, for which the Applicant requested a hearing by letter dated November 5, 2004.
PUBLIC HEARING: Pursuant to 6 NYCRR 624.4(a), the public is invited to comment on the permit application at a legislative hearing to be held at 10 a.m. on October 4, 2005, at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York. The hearing will be conducted by Department Administrative Law Judge (ALJ) Edward Buhrmaster. It is not necessary to file in advance to speak at the hearing. In lieu of oral comments, written statements may be mailed to the ALJ at the address below, provided they are postmarked no later than September 26, or they may be delivered to him at the hearing on October 4. The location of the legislative hearing is reasonably accessible to persons with a mobility impairment. Interpreter services will be provided 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), an issues conference will be conducted by ALJ Buhrmaster at the town hall immediately after the legislative hearing on October 4. The conference will be held to determine party status for any person or organization that has properly filed (as indicated below) and to narrow and define those issues, if any, that will require adjudication in this matter. Participation at the issues conference shall be limited to Department Staff, the Applicant, and those persons and organizations requesting party status.
FILINGS FOR PARTY STATUS AND PROPOSED ISSUES: Persons and organizations seeking party status to participate at any adjudicatory hearing must file a written petition meeting the requirements of 6 NYCRR 624.5(b). Mere opposition to the project is not a sufficient basis to be granted party status. A petition must fully identify the proposed party and its representative, the petitioner's environmental interest in the proceeding, any interest relating to the statutes administered by the Department that are relevant to this project, whether the petition is for full party or amicus status, and the precise grounds for opposition or support. Petitioners for full party status must identify the witnesses that they would present and the nature of their evidence. If a petitioner intends to rely upon expert testimony, the petitioner must identify the name of the expert, that person's qualifications, a summary of the subject matter on which the expert is offered, and a summary of the expert's opinions as well as the facts upon which those opinions are based.
ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE AT THE ADJUDICATORY HEARING MUST BE RECEIVED NO LATER THAN 3 P.M. ON SEPTEMBER 29, 2005. Address all petitions to Edward Buhrmaster, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550. At the same time and in the same manner that the petition is furnished to the ALJ, a copy of the petition must be furnished to the Applicant's agent, Charles W. Bowman, Land Use Ecological Services, Inc., P.O. Box 1060, Riverhead, New York, 11901, and to Vernon Rail, Esq., Assistant Regional Attorney, at the Department's Region 1 Office, Building 40, SUNY, Stony Brook, New York, 11790-2356. Electronic filings and service by fax will not be accepted. Any questions about filing requirements or other hearing procedures may be addressed to ALJ Buhrmaster by telephone at (518) 402-9003.
ADJUDICATORY HEARING: The adjudicatory hearing in this matter is scheduled to begin immediately after the issues conference on October 4, continuing throughout that day and October 5, 2005, as necessary, at the Riverhead Town Hall. All hearing participants shall assure the availability of their witnesses on both dates.
DOCUMENT AVAILABILITY: A copy of the application materials is available for inspection at the Department's Region 1 office, Building 40, SUNY, Stony Brook, New York. Please contact Sherri L. Aicher at (631) 444-0365. Also, the governing hearing procedures may be found at http://www.dec.state.ny.us, Hearings and Mediation, Guide to Permit Hearings, or by calling the Office of Hearings and Mediation Services at (518) 402-9003.
APPLICABLE STATUTES AND REGULATIONS: This application is being processed pursuant to ECL Article 3 (General Functions), Article 8 (Environmental Quality Review, SEQRA), Title 27 of Article 15 (Wild, Scenic and Recreational Rivers System), Article 24 (Freshwater Wetlands) and Article 70 (Uniform Procedures); as well as 6 NYCRR Part 617 (SEQRA), Part 621 (Uniform Procedures),Part 624 (Permit Hearing Procedures), Part 663 (Freshwater Wetland Permit Requirements), and Part 666 (Wild, Scenic and Recreational Rivers System).
James T. McClymonds
Chief Administrative Law Judge
Albany, New York
August 19, 2005