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Novak, Paul J.

February 7, 2000

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING

Applicant: Paul J. Novak, P.O. Box 1200, Montauk, New York 11954.

Application Number: 1-4724-00741/00001

Project Description: The Applicant proposes to construct a single family dwelling, driveway and septic system after placing 300 cubic yards of clean fill in the driveway area.

The project is to be located on the south side of Fall Street, Montauk, Town of East Hampton, Suffolk County, New York.

Permit Required: The Applicant requests a Freshwater Wetlands permit pursuant to Article 24 of the New York State Environmental Conservation Law (ECL) and Part 663 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR).

Statutory and Regulatory Provisions: The application is being processed by the Department of Environmental Conservation (DEC) pursuant to ECL Article 3, Title 3 (General Functions), ECL Article 24 (Freshwater Wetlands - Regulated Activities) as well as 6 NYCRR Part 663 (Freshwater Wetlands - Land Use Regulations), 621 (Uniform Procedures) and 624 (Permit Hearing Procedures).

SEQRA Status: Pursuant to ECL Article 8 (Environmental Quality Review) the DEC has determined that this is a Type II action not subject to ECL ECL Article 8, so that no Environmental Impact Statement need be prepared and no coordinated review need be performed.

Department Staff's Position: Since the house would be located 95 feet from the landward edge of the freshwater wetland boundary and construction of the driveway will result in the filling of 1800 square feet of freshwater wetlands, the Staff opposes the proposed project. Moreover, under 6 NYCRR §663.5 fill, excavation, clear-cutting vegetation and construction of residences in the regulated wetland is prohibited and under 6 NYCRR §663.4 these activities in the adjacent area are usually incompatible and should not be allowed in the adjacent area to this Class I Wetland.

Legislative Hearing: Pursuant to 6 NYCRR 624.4(a), a legislative (public) hearing will be held at 10:00 AM, Tuesday, April 11, 2000 at the American Hotel, Main Street, Sag Harbor, New York, to receive comments on the DEC permit application. While it is not necessary to file in advance to speak at the legislative hearing, lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon written request to the assigned Administrative Law Judge ("ALJ") at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act.

Written Comments: In addition to or in lieu of providing oral comments at the legislative hearing, interested persons may submit written comments to the ALJ at the hearing, or mail them prior to the hearing so they are received by the ALJ no later than Thursday, April 6, 2000. Written comments shall be considered equally with oral comments made at the hearing.

Issues Conference: Pursuant to 6 NYCRR 624.4(b), DEC will conduct an issues conference immediately after the legislative hearing at the same location as noted above. The issues conference will be held to determine party status for any person who has properly filed (as indicated below) and to narrow and define those issues, if any, which will require adjudication by DEC concerning the permit application. Participation at the issues conference shall be limited to DEC Staff, the Applicant, and those persons requesting party status. The ALJ's determination whether to conduct an adjudicatory hearing on issues proposed by persons filing for party status will be based on whether those issues are "substantive" and "significant" [as defined by 6 NYCRR 624.4(c)]. Such issues need not relate to the issues identified by the Applicant and DEC Staff, but must relate to some statutory or regulatory authority applicable to the project. Only those persons granted party status may participate in the adjudicatory hearing, if one is necessary. It is anticipated that any adjudicatory hearing that is held will commence immediately upon the conclusion of the issues conference, continuing on the following day, Wednesday, April 12, 2000 and business days, day to day thereafter as may be necessary. Therefore, all parties' proposed witnesses should be present at the hearing, and the parties should have their documentary evidence available for presentation.

Filing for Party Status and Proposed Issues: Party status to participate in any adjudicatory hearing will be accorded only to those persons who can provide a clear demonstration that they have an adequate environmental interest and otherwise meet the requirements of 6 NYCRR 624.5(b) and (d). Persons seeking full party status must present an offer of proof identifying their witnesses, the nature of the evidence they expect to present and the grounds upon which their assertions are made, as required by 6 NYCRR 624.5(b)(2)(ii). Persons seeking amicus status must identify the nature of the legal or policy issues they would brief and explain why they are in a special position with respect to those issues, as required by 6 NYCRR 624.5(b)(3). Persons having similar interests are encouraged to file as a consolidated party.

ALL FLINGS REQUESTING PARTY STATUS MUST BE RECEIVED PRIOR TO THURSDAY, APRIL 6, 2000. SUBMIT THEM TO: JOHN H. OWEN, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OFENVIRONMENTAL CONSERVATION, OFFICE OF HEARINGS AND MEDIATION SERVICES, 50 WOLF ROAD, ROOM 423, ALBANY, NEW YORK 12233-1550 [telephone: (518) 457-3468)]. Send copies at the same time and in the same manner to the Applicant at the address above; and the Department Staff's attorney, Craig Elgut, at the New York State Department of Environmental Conservation, Legal Affairs Office, Building 40 - SUNY, Stony Brook, New York 11790-2356.

Document Availability: All filed application materials are available for inspection at DEC's Region 1 Office in Building 40 at SUNY-Stony Brook. To review the file at the Region 1 office, please call Carol A. Farkas, DEC's Senior Environmental Analyst, at 516-444-0364.

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
February 7, 2000

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