Department of Environmental Conservation

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Mitchell, Peter B.

August 30, 2000


NOTICE IS HEREBY GIVEN pursuant to 6 NYCRR Section 645-6.3 that a public hearing will be conducted on September 22, 2000 at 9:00 a.m. at the Lake George Town Center. The name and address of the applicant is Peter B. Mitchell, P.O. Box 2535 Silver Bay, New York 12874. The subject property is located at 32 Oneida Drive in the Town of Hague and is identified as parcel I.D. No. 48-1-14. The application number for this project is 5226-12-99. The subject property currently has a straight pier dock and one mooring. The applicant seeks a permit to place a second mooring at a distance of 134 feet from the mean high water mark. 6 NYCRR Section 646-1.1(c)(2)(iii) provides that no mooring shall be constructed or placed so as to extend off-shore more than 100 feet from the mean high water mark.

The applicant applied to the Commission for a variance. The Commission concluded that the project did not meet regulatory criteria and did not meet the criteria for obtaining a variance. Accordingly, the applicant was offered an opportunity for a public hearing under the Commission's regulations.

At the public hearing, a hearing officer will consider the evidence established in the record as well as any new evidence and arguments by the applicant and Commission staff relative to the applicant's proposal to place a second mooring. The hearing officer is Hon. P. Nicholas Garlick of the New York State Department of Environmental Conservation (NYSDEC) Office of Hearings and Mediation Services.

At the close of the public hearing, the hearing officer will issue a hearing report. The hearing report will include a complete record of the hearing, proposed findings of fact, conclusions of law and exceptions, if any. After review of the hearing record, a final decision on the application will be issued by the Commission.

Pursuant to 6 NYCRR Section 645-6.4, interested persons who wish to obtain party status must file on or before September 12, 2000 a written statement of position which identifies the grounds of support or opposition to the project, including a demonstration of the social, economic or environmental interests of the person which are likely to be affected by the proposed project, and the nature of the argument and the evidence which the person intends to present, and any other matter believed relevant. Such requests shall be made to the Hon. P. Nicholas Garlick at NYSDEC, Office of Hearings and Mediation Services, Room 423, 50 Wolf Road, Albany, New York 12233-1550. Copies of any such request shall also be mailed to the Commission at 75 Fort George Road, P.O. Box 749, Lake George, New York 12845-0749 and Peter B. Mitchell at the mailing address listed above.

This Notice of Public Hearing is issued this 30th day of August, 2000.

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