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Stein, Ellen

August 8, 2001


APPLICANT: Ellen Stein, 28 Conscience Circle, Setauket, New York 11733

ATTORNEY FOR APPLICANT: David Lazer, Esq., Lazer, Aptheker, Feldman, Rosella & Yedid, P.C., 225 Old Country Road, Melville, New York 11747-2712

PROJECT: Applicant has applied (Application # 1-4722-02789/00005) to the New York State Department of Environmental Conservation ("Department") for tidal wetlands and protection of waters permits and a water quality certification to reconstruct an existing catwalk and construct an extension thereto at 28 Conscience Circle, Setauket, Town of Brookhaven, County of Suffolk, New York, for residential use, consisting of the reconstruction of an existing 4 foot by 127 foot catwalk and the construction of a 4 foot by 30 foot extension thereto. In addition, a 3 foot by 20 foot aluminum ramp is proposed which will allow access to an 8 foot by 10 foot float and associated boat lift and pilings. All structures will be suspended and will not come into contact with the underlying sediment. 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 April 9, 2001. On April 12, 2001, 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 (6 NYCRR 661); Use and Protection of Waters permit pursuant to ECL Article 15, Title 5 and 6 NYCRR 608, specifically, a permit for the excavation or placement of fill in navigable waters pursuant to 6 NYCRR 608.5; and Water Quality Certification pursuant to Section 401 of the Federal Water Pollution Control 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 action, a residential dock.

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 Tuesday, September 11, 2001, at 11:00 AM, at the Region 1 Headquarters of the New York State Department of Environmental Conservation, Building 40, State University of New York, Stony Brook, New York 11790. 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 §624.4(c) [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 Friday, August 31, 2001, at the Office of Hearings and Mediation Services located at 625 Broadway, Albany, NY 12233-1550, attn: Richard R. Wissler, ALJ, with copies to both the Applicant's Attorney 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 State Administrative Procedure Act, 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 C. Carrara, Deputy Regional 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 15 (Protection of Water), 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), Part 661 (Tidal Wetlands), Part 608 (Use and Protection of Waters) and Section 608.9 of Part 608 (Water Quality Certification).

Daniel E. Louis
Chief Administrative Law Judge

August 8, 2001
Albany, NY

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