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Tubridy, John F.

March 24, 2000


John F. Tubridy, 102-00 Shorefront Parkway, Rockaway, New York 11694, ("Applicant") has applied to the New York State Department of Environmental Conservation ("Department") for a tidal wetlands permit, a protection of the waters permit and a water quality certification. The Applicant would construct a driveway by providing a bulkhead and stone backfill in a regulated tidal wetland in Jamaica Bay on a site owned by the Applicant at 35 Van Brunt Road in the Broad Channel area of Queens County (Block 15485, Lot #90).

Staff reviewed the application #2-6308-00162/00001, determined it to be complete on April 26, 1999 and then denied the application with notification to the Applicant by letter dated January 5, 2000. On January 31, 2000, the Applicant requested a public hearing on the denial.

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 (Water Resources), 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 608, Part 617, Part 621, Part 624, and Part 661 et seq. The Department Staff determined that this action is not subject to SEQR.

PUBLIC HEARING: All persons, organizations, corporations or government agencies which may be affected by the project are invited to comment on the applications. For this purpose, a legislative hearing to receive your comments will be held on May 9, 2000 at 9:30 AM in the VFW Hall, 705 Shad Creek Road, Broad Channel, Queens NY. This location is reasonably accessible to persons with a mobility impairment. Written comments will also be received prior to the legislative hearing at the Region 2 address given below.

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). An adjudicatory hearing at the same location would immediately follow the issues conference and continue from day to day thereafter if necessary. 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 argument, must be received on or before May 5, 2000 at the Office of Hearings and Mediation Services, 50 Wolf Rd, Albany NY 12233-1550, attn: F.W. Serbent, PE, ALJ. with copies to both the Applicant and the Region 2 Staff.

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 2 Office, 47-40 21st Street, Long Island City, NY, 11101-5401 Attn: Harold J. Dickey., telephone 718-482-4969 and at the Office of Hearings and Mediation Services, telephone 518-457-3468.

Daniel E. Louis
Chief Administrative Law Judge

March 24, 2000
Albany, NY

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