United State Coast Guard
July 18, 2000
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING
PERMITTEE/APPLICANT: UNITED STATES COAST GUARD AUXILIARY FLOTILLA 2-2, INC., 508 Old Taughannock Boulevard, Ithaca, New York 14850 [New York State Department of Environmental Conservation ("NYSDEC") Permit Numbers CR-69-15 (9/6/69) and 70-6 (9/4/70)].
PROJECT DESCRIPTION: Permittee operates and maintains a building, docks and ramps on land owned by the NYSDEC for flood control in the flood relief channel of Cayuga Inlet, at 508 Old Taughannock Boulevard, Ithaca, New York 14850 [Identification No. 3600.98, Map No. 209, Parcel Nos. 270 and 271]. Permittee has operated and maintained the building, dock and appurtenances since about 1970, pursuant to the two permits referenced herein.
By letter dated April 28, 2000, the NYSDEC Staff ("Staff") provided the Permittee with notice of intent to revoke the two referenced permits, effective June 1, 2000, for several reasons. First and primarily, because Staff has determined that changes in environmental conditions no longer necessitate the retention of Parcels 270 and 271 for flood control purposes. Also, Staff cites changes in applicable law and regulation that have occurred since the issuance of these permits. Staff concludes that the permits no longer are consistent with the Department's intended use of the property and has indicated its intent to convey Parcels 270 and 271 to the City of Ithaca in furtherance of the city's plans for waterfront development in the area. Staff contends that conveyance to the City of Ithaca will allow consistent planning by the City of Ithaca with the County of Tompkins, the State of New York and with federal waterfront development and revitalization efforts.
Second, Staff contends that the Permittee has failed to comply with permit conditions and failed to comply with the Environmental Conservation Law ("ECL") and regulations related to the permitted activity. Specifically, Staff alleges that for more than five years, the Permittee has been using Parcels 270 and 271 for income generating purposes and that prior to June, 2000, the Permittee has established floating docking and used flood control lands adjacent to and not included in the permitted area, contrary to the terms of the two permits referenced herein and in violation of ECL §16-0107(13) and 6 NYCRR §501.3.
Lastly, Staff contends that changes in applicable law and regulations since the issuance of the permits warrant revocation. Specifically, Staff cites the enactment of ECL §16-0107(13) and the promulgation of 6 NYCRR Part 501.
The Permittee has requested this hearing process to contest the Department Staff's notice of intent to revoke the two permits referenced herein.
PERMITS: The Permittee holds two NYSDEC permits. Permit Number CR-69-15 was issued by the N.Y.S. Conservation Department to the Permittee on September 6, 1969, for use of state flood control land to establish a base of operations including use of an existing concrete wall for docking of boats and for construction of a building (the functions of the Conservation Department subsequently were transferred to the N.Y.S. Department of Environmental Conservation).
Permit Number 70-6 was issued by the N.Y.S. Department of Environmental Conservation to the Permittee on September 4, 1970, for use of state flood control land to establish a boat docking facility including a boat dock layout, T-Base Dock and Ramp with floatation, to be utilized by the U.S. Coast Guard Auxiliary in the performance of its duties and by the general public. The permit requires that the docking will be removed from the water for the period of November through May each year, and will be maintained and supervised by the Permittee. Neither permit indicates an expiration date.
STATE ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA") DETERMINATION: The Staff of the New York State Department of Environmental Conservation has determined that the proposed project is a Type II action.
STATE HISTORIC PRESERVATION ACT: [Not applicable to this project]
PUBLIC HEARING: All persons, organizations, corporations or government agencies which may be affected by the notice of intent to revoke the permits are invited to comment on the project and proposed permit revocation. A legislative hearing will be held to receive unsworn statements from the public at the UNITED STATES COAST GUARD AUXILIARY FLOTILLA 2-2, INC., 508 OLD TAUGHANNOCK BOULEVARD, ITHACA, NEW YORK 14850 ON TUESDAY, AUGUST 22, 2000 AT 7:00 p.m. All persons, organizations, corporations or government agencies who may be affected by the proposed permit revocation are invited to attend the legislative hearing and to submit oral comments on the proposed revocations. No prior filing is required to participate. However, the ALJ may restrict the time available to 5 minutes for each person, to ensure that all persons will have an opportunity to be heard. It is recommended that lengthy comments be submitted in writing at the hearing. Written comments regarding this application may also be filed with the Office of Hearings at the address indicated below either before or during the legislative hearing. Equal weight will be given to both oral and written comments.
The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ identified below, at least seven business days prior to the hearing.
ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held at the UNITED STATES COAST GUARD AUXILIARY FLOTILLA 2-2, INC., 508 OLD TAUGHANNOCK BOULEVARD, ITHACA, NEW YORK 14850 ON WEDNESDAY, AUGUST 23, 2000 AT 10:00 a.m. The purpose of the issues conference is to determine party status for any person who has properly filed and to define, narrow and if possible, resolve proposed adjudicable issues raised by party status petitioners concerning the proposed permit revocations. ANY PERSONS REQUESTING PARTY STATUS MUST APPEAR OR BE REPRESENTED AT THE ISSUES CONFERENCE SO THAT ALL PROPOSED ISSUES MAY BE DISCUSSED FULLY.
FILING FOR PARTY STATUS: Party status to participate at the Issues Conference and at any subsequent adjudicatory hearing will be accorded only to those persons who can provide a clear demonstration that they have an adequate environmental interest and otherwise meet the requirements of 6 NYCRR §§624.5(b) and 624.5(d). Mere support of or opposition to the permit revocation is not a sufficient basis to be granted party status. All persons desiring party status must file a written request pursuant to 6 NYCRR §624.5(b) identifying the precise grounds for opposition to, or support of, the permit revocation. Persons seeking full party status must present an offer of proof identifying their proposed witnesses, the nature of the evidence they expect to present and the grounds upon which their assertions are made, as required by 6 NYCRR §§624.5(b)(2)(ii). Persons seeking amicus status must identify the nature of the legal or policy issues they would brief and explain why they are in a special position with respect to these issues, as required by 6 NYCRR §§624.5(b)(3). Persons having similar interests are encouraged to file as a consolidated party. ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE AT THE ADJUDICATORY HEARING MUST BE RECEIVED AT THE OFFICE OF HEARINGS AND MEDIATION SERVICES NO LATER THAN 3:00 p.m. ON AUGUST 15, 2000. ALL SUCH FILINGS SHOULD BE SUBMITTED TO: KEVIN J.CASUTTO, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OFFICE OF HEARINGS AND MEDIATION SERVICES ("OHMS"), ROOM 423, 50 WOLF ROAD, ALBANY, NEW YORK 12233-1550; TELEPHONE (518) 457-3468. ELECTRONIC FILINGS WILL NOT BE ACCEPTED. All Petitioners must, in the same manner and at the same time as filed with OHMS, send a copy of their complete filing to William Gallagher, Assistant Regional Attorney, NYSDEC Region 7, 615 Erie Boulevard West, Syracuse, New York 13204-2400 and to Holmberg, Galbraith, Van Houten & Miller, Attorneys at Law, 200 East Buffalo Street, Suite 502, Ithaca, New York 14851-6599 [Attention: Dirk A. Galbraith, Esq., or Diane L. Galbraith, Esq.]
APPLICABLE STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions);
Article 8 (Environmental Quality Review); Article 16 (Flood Control), 6 NYCRR Part 501 (Use of Flood Control Lands); Part 617 (State Environmental Quality Review); Part 621 (Uniform Procedures); Part 624 (Permit Hearing Procedures). ALL PERSONS HAVING AN INTEREST IN THE PROPOSED PROJECT ARE URGED TO ATTEND THE HEARING OR BE REPRESENTED EITHER INDIVIDUALLY OR COLLECTIVELY.
CHIEF ADMINISTRATIVE LAW JUDGE
Albany, New York
July 18, 2000