Department of Environmental Conservation

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Norton, Catherine

May 21, 2003


Applicant: Catherine Norton, 257 St. Andrews Road, Staten Island, New York 10306.

Applicant's Agent: Mary A. Whiting, Esq., 1001 Clove Road, Staten Island, New York 10301.

Project: Applicant has applied (Application # 2-6404-00745/00001) to the New York State Department of Environmental Conservation ("Department") for a freshwater wetlands permit to construct a detached single family residence within the adjacent area of NYSDEC Class I regulated freshwater wetland AR-3 (Richmond Creek). The project is located on Richmond County Tax Block 2270 Lot 53, a currently vacant lot owned by the Applicant on the western side of 257 St. Andrews Road, Staten Island, County of Richmond, New York. A Notice of Complete Application was published on April 11, 2001 in the Department's Environmental Notice Bulletin, and on April 12, 2001 in the Staten Island Advance.

Department Staff's Determination: 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 October 18, 2001, based upon the Department's determination that the proposed activity does not meet regulatory standards and would have undue adverse impacts on the benefits provided by freshwater wetland AR-3. On October 31, 2001, the Applicant requested a hearing on the denial.

Permits: Freshwater wetlands permit pursuant to the New York State 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).

SEQRA Status: The Department Staff determined that this is a Type II action, pursuant to 6 NYCRR Section 617.5(c)(9): the construction of a single family residence. As a Type II action, this project is not subject to review under the State Environmental Quality Review Act ("SEQRA").

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 Thursday, July 10, 2003 at 10:00 AM at the offices of Community Board 2, 460 Brielle Avenue, Staten Island, New York 10314. 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. If necessary, the hearing will continue on Friday, July 11, 2003.

Issues Conference: A pre-hearing issues conference at the same location will be held immediately following the legislative hearing. The known issues include Staff's basis for the denial of the application. Other issues may be proposed for adjudication and must be both substantive and significant in accordance with 6 NYCRR Section 624.4(c).

Adjudicatory Hearing: An adjudicatory hearing at the same location will immediately follow the issues conference, if it is determined that there is/are adjudicable issue(s). The adjudicatory hearing will continue from day to day thereafter if necessary.

Party Status: All filings requesting party status must comply with the criteria outlined in 6 NYCRR Section 624.5 (Hearing Participation), including an explanation of interest and description of the facts to be offered. All filings requesting party status, proposing issues for adjudication or for presenting argument, must be received on or before July 2, 2003 at the Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany NY 12233-1550, attn: Maria E. Villa, Administrative Law Judge, with copies to both the Applicant's Agent at the address given above and to Udo Drescher, Esq., Assistant Regional Attorney, at the Department's Region 2 office, 47-40 21st Street, Long Island City, New York 11101-5401.

Pursuant to the State Administrative Procedure Act ("SAPA"), interpreter services will be made available to deaf persons that are parties or witnesses, at no charge, upon written request to the Administrative Law Judge 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 2 Office, 47-40 21st Street, Long Island City, New York 11101-5401, Attn: Harold Dickey, telephone 718-482-4967, and at the Office of Hearings and Mediation Services, telephone 518-402-9003.

A copy of the regulations that govern the hearing process, 6 NYCRR Part 624, may be obtained from the Office of Hearings and Mediation Services.

Statutory and Regulatory Provisions: The application is processed and this proceeding is conducted according to the Environmental Conservation Law ("ECL") Article 3 (General Functions), Article 8 (Environmental Quality Review, "SEQR"), Article 24 (Freshwater 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 663 (Freshwater Wetlands).

James T. McClymonds
Chief Administrative Law Judge and
Acting Assistant Commissioner for Hearings

May 21, 2003
Albany, NY

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