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Porcelli, Anthony

April 26, 2004


Applicant: Anthony Porcelli, NAP Enterprises LLC, 1135 Montauk Highway, Mastic, New York 11950

Application Number: DEC # 1-4722-04544/00001

Project Description: The applicant has applied to the New York State Department of Environmental Conservation (DEC or Department) for a freshwater wetlands permit to construct a single family dwelling, garage, decks and sanitary system at Elm Road and Orchid Drive, Mastic Beach in the Town of Brookhaven, County of Suffolk. The entire 10,000 foot project is located within freshwater wetland M-20 -- a Class I freshwater wetland.

NYS Environmental Conservation Law (ECL) and implementing regulations: The permit application is being processed pursuant to ECL Article 3, Title 3 (General Functions), ECL Article 24 (Freshwater Wetlands) and Part 663 (Freshwater Wetlands-Land Use Regulations) of Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR), Part 621 (Uniform Procedures), and 6 NYCRR Part 624 (Permit Hearing Procedures).

State Environmental Quality Review Act (SEQRA) Status: The DEC Staff has determined that the proposal is a Type II action and therefore not subject to review under SEQRA.

Staff Position: DEC staff opposes the issuance of this permit based upon its determination that as currently proposed the project will not meet regulatory standards because it will cause adverse impacts to the natural resources at the project site.

Staff has determined that the application is complete for review purposes pursuant to Part 621 of 6 NYCRR.

Document Availability: The permit application materials, including a draft permit, are available for review at the following locations during normal business hours between 9:00 AM and 4:00 PM, Monday through Friday:

(1) DEC Office of Hearings and Mediation Services (OHMS), 625 Broadway, 1st Floor, Albany, NY 12233-1550. Contact: Administrative Law Judge (ALJ) Helene G. Goldberger at (518) 402-9003;
(2) DEC Region 1, Division of Legal Affairs, Building 40 - SUNY, Stony Brook, NY 11790-2356. Contact: Louise DeCandia, Assistant Regional Attorney at (631) 444-0260.

Written Comments: All written comments about the draft permit must be filed with the ALJ Goldberger, OHMS, Department of Environmental Conservation at the above mentioned address. Written comments must be postmarked no later than May 25, 2004.

Legislative Public Hearing: A legislative hearing session to receive unsworn statements from the public on the draft permit will be held before ALJ Helene G. Goldberger, on May 24, 2004 at 10:00 AM at the Knights of Columbus at the corner of Madison and Pawnee in Shirley, New York. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. 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. Equal weight will be given to both oral and written statements. 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 ALJ at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act.

Issues Conference and Adjudicatory Hearing: A pre-adjudicatory hearing issues conference is scheduled to be held on May 24, 2004 immediately following the legislative session at the same location. The adjudicatory hearing will commence at the conclusion of the issues conference and will continue on May 25, 2004, if necessary. Participation at the issues conference will be limited to the DEC staff, the applicant and those persons requesting party status pursuant to 6 NYCRR §§ 624.4 and 624.5 in advance of the issues conference.

Filing for Party Status and Proposed Issues: Persons and organizations, other than the DEC staff and the applicant, who wish to participate at the issues conference concerning the draft permit identified in this notice, must file a written petition requesting party status pursuant to 6 NYCRR §§ 624.4(c) and 624.5(b). Any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interest, the statutory considerations relevant to the proposed permit application, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the application. Mere opposition to the project is not a sufficient basis to be granted party status. The NYSDEC Permit Hearing Regulations, 6 NYCRR Part 624.

For amicus status, the filing must identify the nature of the legal or policy issues to be briefed, and provide a statement explaining why the proposed amicus is in a special position with respect to those issues.

All petitions must be received by May 19, 2004. One copy of any petition requesting either full party status or amicus status must be served upon the following individuals:

(1) Administrative Law Judge Helene Goldberger, DEC Office of Hearings and Mediation Services at the above mentioned address,
(2) Louise DeCandia, Assistant Regional Attorney, at the above mentioned address,
(3) John N. Prudenti, Esq., 1235 Montauk Highway, Mastic, New York 11950.

Service by fax is NOT authorized.

James T. McClymonds
Chief Administrative Law Judge

April 26, 2004

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