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Siniscalchi, Anthony

June 16, 2003


APPLICANT: Anthony Siniscalchi, 201 Coronado Street, Atlantic Beach, NY 11509; Attorney: Mahler, Harris & Engel, P.C. Attorneys at Law, 125-10 Queens Boulevard, Kew Gardens, NY 11415.

PROJECT: Applicant has applied (Application # 1-2820-01304/00003) to the New York State Department of Environmental Conservation ("Department") for Protection of Waters and tidal wetlands permits and Water Quality Certification to construct 80 linear feet of new bulkhead 30" seaward of an existing bulkhead, to dredge up to -4 Average Low Water to recover 5 cubic yards of material for backfill on a site owned by the Applicant at 201 Coronado Street, Village of Atlantic Beach, NY, Nassau County. 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 February 19, 2003. On March 10, 2003 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 Wednesday July 16, 2003 at 9:30 am at Atlantic Beach Village Hall, 65 The Plaza, Atlantic Beach, NY 11509. 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 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 July 7, 2003 at the Office of Hearings and Mediation Services, 625 Broadway, Albany NY 12233-1550, attn: Molly T. McBride, Administrative Law Judge, with copies to both the Applicant's Attorney at the address given above and the Department's 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: Roger Evans, Deputy Permit Administrator, telephone 631-444-0374 and at the Office of Hearings and Mediation Services, telephone 518-402-9003.

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).

Chief Administrative Law Judge

Albany, New York
June 16, 2003

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