Department of Environmental Conservation

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New Suffolk Shipyard, LLC

December 17, 2004


APPLICANT: New Suffolk Shipyard, LLC, P.O. Box 276, New Suffolk, New York 11956. Contact: David Corwin, P.E., 639 Main Street, Greenport, New York 11944-1431.


PROJECT DESCRIPTION AND LOCATION: Applicant seeks a permit to maintenance dredge a 325 foot by 40 foot area at the entrance of School House Creek into Cutchogue Harbor. The resultant 200 cubic yards of dredged material is proposed to replenish a beach located at the end of Old Harbor Road in New Suffolk (Town of Southold, Suffolk County). Most of the dredged material would be placed below the apparent high water mark in a tidal wetland area.

TENTATIVE STAFF POSITION: In a letter dated January 15, 2004, staff of the Department of Environmental Conservation (Department staff) denied the requested permit. According to Department staff, the proposal to place the dredged material in a tidal wetland is a presumptively incompatible activity (see 6 NYCRR 661.5[b][31]). As a result, Department staff has determined that applicant's proposal would not meet the various standards for permit issuance outlined in 6 NYCRR 608.8(a) and (c), 608.9(a), and 661.9(b)(1)(i) and (iii).

STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) STATUS: Department staff, as lead agency, has determined that applicant's proposal is a Type II action pursuant to 6 NYCRR 617.5(c)(1). The application is for maintenance dredging and beach nourishment.

PERMITS REQUIRED AND STATUTORY AND REGULATORY PROVISIONS: Applicant has filed a combined application for a protection of waters and tidal wetlands permit as well as a water quality certification pursuant to Environmental Conservation Law (ECL) article 15, title 5 (Protection of Waters) and article 25 (Tidal Wetlands), as well as Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 608 (Use and Protection of Waters), part 661 (Tidal Wetlands - Land Use Regulations) and 6 NYCRR 608.9 (Water Quality Certification). The application was filed and is being processed pursuant to ECL article 3, title 3 (General Functions), article 8 (SEQRA), and article 70 (Uniform Procedures), as well as 6 NYCRR part 617 (SEQR), part 621 (Uniform Procedures), and part 624 (Permit Hearing Procedures).

PUBLIC HEARING: All persons who may be affected by the proposed project are invited to comment on the application. Pursuant to 6 NYCRR 624.4(a), a legislative hearing to receive oral comments will be held on February 1, 2005 at 10:00 A.M. at the Cutchogue Firehouse, 260 New Suffolk Road, Cutchogue, New York 11935. It is not necessary to file in advance to speak at this hearing. In lieu of oral comments, written statements may also be submitted either by mail or delivered at the hearing. Written statements will be considered equally with oral comments made at the legislative hearing.

The location of the legislative hearing is reasonably accessible to persons with a mobility impairment. Interpreter services shall be made available 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), a pre-adjudicatory hearing issues conference will be held immediately following the legislative hearing on February 1, 2005 to determine party status for any person who has properly filed a petition (as outlined below), and to narrow and define the scope of issues, if any, which will require adjudication. Participation at the issues conference will be limited to Department staff, applicant, and those persons requesting party status.

If issues are identified by the ALJ, a hearing on these issues will immediately commence following the issues conference. All participants must have their witnesses and any documentary evidence available for presentation on February 1, 2005. If necessary, the hearing will continue on February 2, 2005 at the same location. Furthermore, if there are no filings for party status, or if any filed objections are withdrawn and all issues satisfactorily resolved, the hearing will be canceled.

FILING FOR PARTY STATUS: Persons seeking to participate in the issues conference and any subsequent adjudicatory hearing must file a petition (a written statement) explaining whether the request is for full party status or amicus status. For the required contents of all petitions for party status see 6 NYCRR 624.5(b)(1). For the additional contents of petitions for full party status, see 6 NYCRR 624.5(b)(2). To determine whether an issue is substantive, see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(e)(3). For the additional contents of a petition seeking amicus status, see 6 NYCRR 624.5(b)(3).

All filings for party status must be received at the Department's Office of Hearings and Mediation Services by 4:00 p.m. on January 28, 2005. Send them to: Daniel P. O'Connell, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, First Floor, 625 Broadway, Albany, New York 12233-1550, [telephone: 518- 402-9003]. Telefaxed petitions will not be accepted. Send copies at the same time and in the same manner to Gail Rowan, Esq., Assistant Regional Attorney, Department of Environmental Conservation, Region 1 Office, Building 40, SUNY Campus, Stony Brook, New York 11790-2356 [telephone: 631-444-0260]; and to applicant's attorney, Gair G. Betts, Esq., Smith, Finkelstein, Lundberg, Isler and Yakaboski, LLC, PO Box 389, Riverhead, New York 11901-0203 [telephone: 631-727-4100].

DOCUMENT AVAILABILITY: All filed documents, including the permit application, are available for public review at the offices of the assigned ALJ and at the Department's Region 1 Office. The Department staff contact person in the Region 1 Office is Sherri Aicher, Environmental Analyst, Division of Environmental Permits (telephone: 631-444-0403).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
December 17, 2004

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