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Vaizburd, Linda and Alex (Revised)

March 24, 2000

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
REVISED NOTICE OF PUBLIC HEARING

This notice supersedes the March 1, 2000 notice which was published for the same project. Please note that the hearing date and time and the deadline for requesting party status in the hearing have been changed.

APPLICANT: Linda and Alex Vaizburd, 3861 Oceanview Avenue, Seagate, New York 11224 (DEC Application No. 2-6107-00213/00005)

PROJECT: The Applicants requested a modification of their existing Tidal Wetlands permit. The modification would permit placement of two rows of four wooden fence posts, with galvanized chain suspended from them, between an existing temporary fence and the high water mark in order to restrict vehicle access across a beach at the Applicant's property. The project is located at 3861 Oceanview Avenue, Seagate, New York (Kings County). The DEC Staff denied the application and the Applicants requested a hearing.

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 Part 661").

SEQRA STATUS: Pursuant to the State Environmental Quality Review Act ("SEQRA," ECL Article 8), DEC Staff determined that the proposed project is a Type II action and that therefore the project is not subject to review under SEQRA.

PUBLIC HEARING: A hearing to receive unsworn statements from the public regarding the proposed permit modification will be held at the Golden Gate Inn, 3867 Shore Parkway, Brooklyn, New York at 10:30 A.M. on May 11, 2000. All persons, organizations, corporations or government agencies which may be affected by the proposed permit modification are invited to attend the hearing and to submit oral or written comments on the permit modification. It is not necessary to file a written request in advance to speak in this portion of the hearing. Equal weight will be given to both oral and written statements. Written statements may be filed with the Office of Hearings and Mediation Services at the address below prior to the start of the hearing. The hearing will be conducted pursuant to 6 NYCRR Part 624 (Permit Hearing Procedures).

The hearing location is reasonably accessible to persons with a mobility impairment. 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 late of the hearing.

ISSUES CONFERENCE: Immediately following any unsworn statements about the proposed permit modification, a pre-adjudicatory issues conference will be held at the Golden Gate Inn (address above). The purpose of the issues conference is to define, narrow and resolve, if possible, the issues concerning the permit modification which are proposed as subjects for adjudication in the adjudicatory portion of the hearing. The adjudicatory portion of the hearing is scheduled to begin immediately after the issues conference.

FILING FOR PARTY STATUS: Party status to participate at the adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status, pursuant to 6 NYCRR 624.5 and 624.4(c). A petitioner for party status must demonstrate that a substantive and significant issue exists concerning the proposed permit modification. Please see 6 NYCRR 624.4 and 624.5 for further information on party status and identification of issues.

ALL FILINGS 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 MAY 9, 2000. Such filings must be submitted to: SUSAN J. DUBOIS, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OFFICE OF HEARINGS AND MEDIATION SERVICES, ROOM 423, 50 WOLF ROAD, ALBANY, NEW YORK 12233-1550 (telephone 518-457-3468).

All persons filing for party status must also send a copy of their petition at the same time and in the same manner to Udo M. Drescher, Esq., NYS DEC Region 2, 47-40 21st Street, Long Island City, New York 11101-5407 and to Alex Vaizburd, 3861 Oceanview Avenue, Seagate, New York 11224.

DOCUMENT AVAILABILITY: All filed documents are available for inspection during normal business hours at the Department's's Region 2 Office, 47-40 21st Street, Long Island City, New York (Attn: John Cryan, phone number 718-482-4997) and at the Office of Hearings and Mediation Services at the Albany address above. A copy of 6 NYCRR Part 624 may be obtained from the 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 (SEQRA); Part 621 (Uniform Procedures) and Part 624 (Permit Hearing Procedures).

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
March 24, 2000

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