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Palmieri, Paul

March 2, 2001


APPLICANT: Paul Palmieri, 123 East Shore Road Babylon, New York 11702

PROJECT: Applicant has applied (Application # -1-4720-00666/00009) 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 fifty (50) foot extension of an existing pier dock and to install a boat lift. Applicant proposes this at a site owned by the Applicant at 123 East Shore Road, Town of Babylon, County of Suffolk. 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 July 7, 2000 based on Applicant's refusal to allow DEC Staff to inspect the site. On August 7, 2000, 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 (6NYCRR 661); Protection of Water permits pursuant to ECL Article 15, Title 5 and 6 NYCRR 608; Water Quality Certification pursuant to Section 401 of the Federal Clean Water 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 project, single family home.

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 March 27, 2001 at 10:00 AM at 863 Islip Avenue, Central Islip, New York. 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 §624.5 [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 March 22, 2001 at the Office of Hearings and Mediation Services, 50 Wolf Rd, Albany NY 12233-1550, attn: Molly T. McBride, 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: Mark Carrara, Deputy Permit Administrator, telephone 631-444-0374 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

March 2, 2001
Albany, NY

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