January 22, 2007
STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING
Applicant: Steven Laganas, 2929 Shore Drive, Merrick, New York 11566 (Application No. 1-2820-05055/00001).
Project: Applicant proposes to remove and replace approximately 108 feet of bulkhead, at the same horizontal location but 18 inches higher than the existing bulkhead. Applicant also proposes to replace 15 feet of bulkhead return and a 5-foot-wide boardwalk that caps the bulkhead, and to place approximately 50 cubic yards of clean fill. The proposal also includes replacing in the same size and configuration an existing 29-foot groin, replacing an irregularly-shaped deck (17 feet by 18 feet) and an existing float (8 feet by 20 feet), and adding a 4 foot by 20 foot float as a finger perpendicular to the existing dock. The project is located at 2929 Shore Drive, on the Carman Canal, Merrick, Nassau County, New York.
DEC Permits: Tidal Wetlands permit pursuant to New York State Environmental Conservation Law ("ECL") article 25 and part 661 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR part 661"); Excavation and Fill in Navigable Waters permit pursuant to ECL 15-0505 and 6 NYCRR part 608; and Water Quality Certification pursuant to section 401 of the Federal Water Pollution Control Act (33 United States Code § 1251 et seq.) and 6 NYCRR 608.9.
DEC Staff Position: On May 4, 2006, Department of Environmental Conservation ("DEC") staff denied the permit application, and Applicant requested a hearing to contest the denial.
SEQRA Status: DEC staff determined that the project is not subject to the State Environmental Quality Review Act ("SEQRA," ECL article 8 and 6 NYCRR part 617) because it is a Type II action as listed at 6 NYCRR 617.5(c)(2).
Legislative Hearing: A legislative hearing to receive unsworn comments on the proposed project will be held at 10:00 A.M. on TUESDAY, FEBRUARY 27, 2007, at the KNIGHTS OF COLUMBUS HALL, 2333 BELLMORE AVENUE, BELLMORE, NEW YORK. Written comments may also be submitted at the legislative hearing or may be mailed, to be received on or before FEBRUARY 23, 2007, at the Office of Hearings and Mediation Services address below. All persons, organizations, corporations or government agencies that may be affected by the project are invited to attend the hearing and to submit oral or written comments. 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 date of the hearing. The hearing location is reasonably accessible to persons with a mobility impairment.
Issues Conference: A pre-adjudicatory hearing issues conference will take place at the Knights of Columbus Hall, 2333 Bellmore Avenue, Bellmore, New York, immediately following the legislative hearing. The purposes of the issues conference are to define, narrow and resolve, if possible, the issues proposed as subjects for adjudication, and to identify the parties that would participate in the adjudicatory hearing. It is important that any persons requesting party status appear or be represented at the issues conference in order that all proposed issues may be fully discussed.
Party Status: Party status to participate in the adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status. The petition must include the facts identified for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). Any petition must fully identify the proposed party together with the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interest in the proceeding, any interest relating to the statutes administered by DEC 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. Please see 6 NYCRR 624.4 and 624.5 for further information on party status and identification of issues.
All petitions requesting party status to participate in the adjudicatory hearing must be received by the Office of Hearings and Mediation Services at the following address no later than close of business on FRIDAY, FEBRUARY 23, 2007: Susan J. DuBois, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550 (telephone 518-402-9003). At the same time and in the same manner that the petition is sent to the Administrative Law Judge, it must be sent to Applicant's attorney, Frederick Eisenbud, Esq., Lamb & Barnosky, LLP, 534 Broadhollow Road, Suite 210, P.O. Box 9034, Melville, New York, 11747-9034, and to Kari Wilkinson, Esq., Assistant Regional Attorney, DEC Region 1 Office, 50 Circle Road, Stony Brook, New York, 11790-3409. Petitions sent by fax or electronic mail will not be accepted.
Adjudicatory Hearing: The adjudicatory hearing in this matter, at which sworn testimony would be presented, is scheduled to begin on February 27, 2007 immediately after the issues conference and at the same location. The adjudicatory hearing would continue, if necessary, on February 28, 2007 at the same location.
Document Availability: A copy of the application materials, and DEC Staff's May 4, 2006 denial letter, are available for inspection at the DEC Region 1 Office, 50 Circle Road, Stony Brook, New York, 11790-3409 (Attn: Kendall Klett, 631-444-0363), and at the DEC Office of Hearings and Mediation Services at the Albany address above. For the governing hearing procedures, click 6 NYCRR part 624, or by calling the Office of Hearings and Mediation Services at 518-402-9003.
Applicable Statutes and Regulations: This application is being processed pursuant to ECL article 3 (General Functions), ECL article 8 (SEQRA), ECL article 15, title 5 (Protection of Water), ECL article 25 (Tidal Wetlands), ECL article 70 (Uniform Procedures), and 6 NYCRR parts 608 (Use and Protection of Waters), 621 (Uniform Procedures), 624 (Permit Hearings), and 661 (Tidal Wetlands).
James T. McClymonds
Chief Administrative Law Judge
Albany, New York
January 22, 2007