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Suffolk County Water Authority (March 2004)

March 10, 2004

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF LEGISLATIVE PUBLIC HEARING
AND ISSUES CONFERENCE

Applicant: Suffolk County Water Authority, 4060 Sunrise Highway, Oakdale, New York 11769-0901.

Project Application No.: 1-4700-00010/00527

Project Description and Location: Applicant proposes to construct and operate two (Nos. 1 and 2) permanent public water supply wells to a depth of forty feet, with a pump capacity of fifty gallons per minute each. The proposed wells, which would be located in the vicinity of freshwater wetlands (Nos. SO-1, SO-9 and SO-10), would be used for public water supply purposes and would be connected to the existing distribution system. The proposed wells would be constructed as part of the Southold Low (formerly East Marion/Greenport Low) water supply system, at a site owned by Applicant at the North Road Well Field, south side of North Road, 350 feet west of Moore's Lane, Village of Greenport, Town of Southold, Suffolk County, New York.

Staff of the New York State Department of Environmental Conservation ("Department Staff") have no objection to the project. The Village of Greenport objects to the issuance of the permit because of concerns that the project will impair the Village's ability to operate its nearby wellfield, Plant No. 3, without adverse impacts such as saltwater up-coning or lateral intrusion. Applicant contends that Plant No. 3 will no longer be required because Applicant can supply water to the Village. The Village does not wish to give up its wellfield.

Permit: Environmental Conservation Law ("ECL") article 15, title 15 (Water Supply), and title 6 of the Official Compilation of Codes, Rules and Regulations ("6 NYCRR") part 601 (Water Supply).

SEQRA Status: Department Staff determined that the proposed action is an unlisted action pursuant to the State Environmental Quality Review Act ("SEQRA"), and would not have a significant impact on the environment. A SEQRA negative declaration, dated February 14, 2003, is on file, and a coordinated review was not performed. The Department of Environmental Conservation is the lead agency.

Coastal Management: This project is located in a Coastal Management Area and is subject to the Waterfront Revitalization and Coastal Resources Act.

Legislative Public Hearing: In accordance with the provisions of 6 NYCRR 621 and 624, a legislative public statement hearing will be held to receive unsworn statements from the public on the application, on Tuesday, April 20, 2004, at 10:00 a.m. at the Village of Greenport Fire House, Third and South Streets, Greenport, New York 11944, telephone number 631-477-2385 (note that this telephone number is the number of the Village Hall). All persons, organizations, corporations or government agencies that 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 submitted 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. Pursuant to the State Administrative Procedure Act ("SAPA"), interpreter services shall be made available to deaf persons, at no charge, upon written request to the Administrative Law Judge, at the address below, at least ten days prior to the hearing.

Written Comments: In addition to, or in lieu of, providing oral comments at the legislative hearing, all interested persons may submit written comments at the hearing or mail those comments so that they are postmarked by Friday, April 16, 2004. Written comments will also be accepted at the legislative public hearing. Address comments to Maria E. Villa, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550. As noted above, written comments will be given weight equal to oral comments made at the legislative hearing.

Issues Conference: A pre-adjudicatory hearing issues conference will be held immediately following the legislative public hearing on Tuesday, April 20, 2004, at the Village of Greenport Fire House, Third and South Streets, Greenport, New York 11944, telephone number 631-477-2385 (note that this telephone number is the number of the Village Hall), and will continue on succeeding days as necessary. The purpose of the issues conference will be to define, narrow, and resolve, if possible, the issues raised concerning this application. Participation at the issues conference will be limited to the Department Staff, Applicant, and those persons requesting party status pursuant to 6 NYCRR sections 624.4 and 624.5 in advance of the issues conference.

IT IS EXTREMELY IMPORTANT THAT ANY PERSONS REQUESTING PARTY STATUS APPEAR OR BE REPRESENTED AT THE ISSUES CONFERENCE IN ORDER THAT ALL VALID ISSUES MAY BE FULLY DISCUSSED.

At this time, it is anticipated that the adjudicatory hearing will commence immediately following the issues conference, at the same location, and will continue from day to day as necessary. All persons or groups seeking party status (see below) and their witnesses must be prepared to meet this schedule and to participate fully at the adjudicatory hearing. Any adjudicatory hearing may be canceled if the filed objections are withdrawn or resolved.

Filing for Party Status and Proposed Issues: To participate at the issues conference, potential parties must file a written petition requesting party status. The petition must satisfy the requirements provided for in 6 NYCRR sections 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 proposed party's representative(s), the proposed party's environmental interests, the statutory considerations 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.

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 that may not be met, and explain why those requirements may not be met. If a proposed 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 documentary evidence that the proposed 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 a proposed amicus is in a special position with respect to those issues, as required by 6 NYCRR section 624.5(b)(3).

Persons having similar interests of concern are encouraged to file as a consolidated party. The hearing provisions can be found at www.dec.state.ny.us, Office of Hearings and Mediation Services, Guide to Permit Hearings.

All petitions requesting either full party or amicus status must be received at the Department's Office of Hearings and Mediation Services by 4:00 p.m. on Monday, April 12, 2004. Such filings must be submitted to the following: Maria E. Villa, Administrative Law Judge, NYS Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York, 12233-1550; Louise M. DeCandia, Esq., Assistant Regional Attorney, New York State Department of Environmental Conservation, Region 1, Building 40, State University of New York at Stony Brook, Stony Brook, New York 11790-2356; Timothy J. Hopkins, Esq., General Counsel, Suffolk County Water Authority, 4060 Sunrise Highway, Oakdale, New York 11769-0901; and Matthew E. Pachman, Esq., Pachman, Pachman & Eldredge, P.C., 366 Veterans Memorial Highway, Commack, New York 11725. Electronic filings and service by telefacsimile will NOT be accepted.

Statutory and Regulatory Provisions: Environmental Conservation Law article 1 ("General Provisions"); article 3, title 3 ("General Functions"); article 8 ("Environmental Quality Review"); article 15, title 15 ("Water Supply"); article 70 ("Uniform Procedures"); 6 NYCRR part 601 ("Water Supply"); part 617 ("SEQR"); part 621 ("Uniform Procedures"); and part 624 ("Permit Hearing Procedures").

Document Availability: Project information is available for review at the Department's Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550 (telephone 518-402-9003) (contact Administrative Law Judge Maria Villa), and at the Department's Region 1 Office at Building 40, State University of New York at Stony Brook, Stony Brook, New York 11790-2356, telephone number 631-444-0365 (contact Claire Werner, Environmental Analyst I).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
March 10, 2004

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