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Kroft, Stephen

June 7, 2001


APPLICANT: Stephen Kroft, 2211 Broadway, New York, New York 10024

AGENT FOR APPLICANT: Costello Marine Contracting, 423 Fifth Street, P.O. Box 2124, Greenport, New York 11944

PROJECT: Applicant has applied (Application # 1-4736-05614/00001) to the New York State Department of Environmental Conservation ("Department") for tidal wetlands and protection of waters permits and a water quality certification to construct a new dock at 3541 Noyac Road, Noyac, Town of Southhampton, County of Suffolk, New York (SCTM 900-6-1-lots 47.8 & 47.9) for residential use, consisting of a 6 foot by 150 foot dock with a 6 foot by 40 foot "L" at the seaward end and 6 foot by 10 foot extension off the "L". The project also includes a 32 inch by 12 foot ramp, 6 foot by 24 foot float and 4 two pile dolphins located within the "L", and 3 five pile dolphins located on the seaward side of the "L". The Department's Division of Environmental Permits reviewed the application and issued a denial of the application with notification to the Applicant by letter dated March 9, 2001. On March 12, 2001, by its consultant, Costello Marine Contracting, the Applicant requested a hearing on the denial.

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 661); Use and Protection of Waters permit pursuant to ECL Article 15, Title 5 and 6 NYCRR 608, specifically, a permit for the excavation or placement of fill in navigable waters pursuant to 6 NYCRR 608.5; and Water Quality Certification pursuant to Section 401 of the Federal Water Pollution Control Act and 6 NYCRR Section 608.9.

SEQRA STATUS: The Department Staff determined that this action is not subject to SEQRA, it has been identified as a Type II action, a residential dock.

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, August 13, 2001, at 11:00 AM, at the North Haven Village Hall, 335 Ferry Road, North Haven, New York 11936. 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, if it is determined that there is/are adjudicable issue(s), 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 §624.4(c) and 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 Friday, August 3, 2001, at the Office of Hearings and Mediation Services located at 50 Wolf Road, Albany, NY 12233-1550, until July 13, 2001, and thereafter at 625 Broadway, Albany, NY 12233-1550, attn: Richard R. Wissler, ALJ, with copies to both the Applicant's Agent at the address given above and the Region 1 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 1 Office, Building 40 SUNY, Stony Brook NY 11790-2356 Attn: Susan Ackerman, Environmental Analyst I, telephone 631-444-0357 and at the Office of Hearings and Mediation Services, telephone 518-457-3468.

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 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 617 (SEQR) Part 621 (Uniform Procedures), Part 624 (Permit Hearings), and Part 661 (Tidal Wetlands).

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
June 7, 2001

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