March 25, 2004
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING
Applicant: Beverly Sinkin, 25 Spring Hollow Road, St. James, New York 11780 (Application No. 1-4734-00407/00003)
Project: Applicant proposes to construct a 4 foot by 86 foot timber boardwalk which would be four feet above high water, a 20 foot by 4 foot ramp, two 6 foot by 20 foot floats, and one 10 foot by 20 foot float. The ramp and floats would form a floating "T" dock. The project site is at the end of Spring Hollow Road, in the Village of Nissequogue, Town of Smithtown, Suffolk County. The dock would extend into Stony Brook Harbor. By letter dated October 3, 2003, Department of Environmental Conservation ("DEC") Region 1 Staff denied the application. On October 10, 2003, the Applicant requested a hearing.
DEC Permit: Tidal Wetlands permit pursuant to the New York State 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 ("6 NYCRR part 661").
SEQRA Status: DEC Staff determined that the project is not subject to the State Environmental Quality Review Act ("SEQRA", ECL article 8 and 6 NYCRR part 617) because it is a Type II action (see 6 NYCRR 617.5).
Legislative Hearing: A legislative hearing to receive unsworn comments on the proposed project will be held at 10 A.M. on TUESDAY, MAY 18, 2004, at the Department of Environmental Conservation Region 1 Office, Building 40, SUNY Campus, Stony Brook, New York. Written comments may also be submitted at the legislative hearing or may be mailed to be received on or before May 18, 2004, at the Office of Hearings and Mediation Services at the address below. All persons, organizations, corporations, or government agencies which may be affected by the project are invited to attend the hearing and to submit oral or written comments. Interpreter services will be made available to deaf persons, at no charge, upon written request to the Administrative Law Judge named below at least five business days prior to the date of the hearing. The hearing location is reasonably accessible to persons with a mobility impairment.
Issues Conference: A pre-adjudicatory hearing issues conference will be held at the DEC Region 1 Office, Building 40, SUNY Campus, Stony Brook, New York, immediately following the legislative hearing. The purpose of the issues conference is to define, narrow, and resolve, if possible, the issues which are proposed as subjects for adjudication. It is important that any persons requesting party status appear or be represented at the issues conference in order that all proposed issues may be fully discussed. The adjudicatory hearing is scheduled to take place immediately following the issues conference, also at the DEC Region 1 Office, if there are issues that require adjudication.
Party Status: Party status to participate in the adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status. Those seeking party status must file a written petition including the facts intended for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). Any petition must fully identify the proposed party together with the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interest in the proceeding, any interest relating to the statutes administered by DEC relevant to the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status. Please see 6 NYCRR 624.4 and 624.5 for further information on party status and identification of issues.
If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project, or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements the project may not meet, and explain why. If a party intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments and other documentary evidence that the party intends to present at the hearing, and the grounds upon which the assertions are based regarding the proposed issues.
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, as required by 6 NYCRR 624.5(b)(3).
All petitions requesting party status to participate in the adjudicatory hearing must be received at the Office of Hearings and Mediation Services at the following address no later than close of business on FRIDAY, MAY 14, 2004. Such petitions must be submitted to: Susan J. DuBois, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550 (telephone 518-402-9003).
All persons requesting party status must also send a copy of their petition at the same time and in the same manner to: Vernon G. Rail, Esq., DEC Region 1, Building 40 , SUNY Campus, Stony Brook, New York 11790-2356 and to the attorney for applicant, Joan B. Scherb, Esq., One Rural Place, Commack, New York 11725.
Document Availability: All filed documents are available for inspection during normal business hours at the Department's Region 1 Office, Building 40, SUNY Campus, Stony Brook, New York (631-444-0260, Attn: Vernon G. Rail) and at the DEC Office of Hearings and Mediation Services at the Albany address above. A copy of 6 NYCRR part 624 may be obtained from the DEC Office of Hearings and Mediation Services.
Statutory and Regulatory Provisions: Environmental Conservation Law article 1 (General Provisions); article 3, title 3 (General Functions); article 8 (State Environmental Quality Review); article 25 (Tidal Wetlands); article 70 (Uniform Procedures); and 6 NYCRR part 661 (Tidal Wetlands); part 617 (State Environmental Quality Review); part 621 (Uniform Procedures) and part 624 (Permit Hearing Procedures).
Chief Administrative Law Judge
Albany, New York
March 25, 2004