May 11, 2007
STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
COMBINED NOTICE OF COMPLETE APPLICATION
NOTICE OF PUBLIC HEARING
Applicant: Jahanquir Yaghoobian, 31 Bayport Lane North, Great Neck, New York 11023. (Application No. 1-2822-01383/00001). Agent: Charles W. Bowman, Land Use Ecological Services, Inc., PO Box 1060, 209 West Main Street, 2nd Floor, Riverhead, New York 11901.
Project: Applicant proposes to construct a retaining wall about 105 feet in length with two returns in the adjacent area of a tidal wetland on Little Neck Bay in the Village of Saddle Rock. Landward of the proposed retaining wall, Applicant proposes to place approximately 287 cubic yards of fill. The location of the project is 31 Bayport Lane North, Great Neck, (Town of North Hempstead, Nassau County), New York 11023.
Department Staff Position: By letter dated August 11, 2006, Staff from the Department's Region 1 Office (Department staff) denied the permit application. Department staff contends that the project does not meet the standards for permits for proposed regulated activities on areas adjacent to a tidal wetland, as set forth in 6 NYCRR 661.9(c)(1) - (3). Overall, Staff maintains that the project is not compatible with the public health and welfare. A structure such as the one proposed will adversely impact public resources, including critical habitat and water quality necessary to protect and maintain important fishery and shellfishery stocks managed under agreement with the Atlantic States Marine Fisheries Commission's Habitat Program Strategic Management Plan. Additionally, Staff maintains that the project is not compatible with the policy of Environmental Conservation Law (ECL) article 25 to preserve and protect tidal wetlands because the intertidal marsh would be adversely affected by the project when the bluff is destabilized on either side of the proposed retaining wall. This circumstance would have undue adverse impacts on present and potential values of the affected tidal wetland area and adjoining and nearby tidal wetlands for marine food production, wildlife habitat, flood and hurricane control and storm control, cleansing ecosystems, absorption of silt and organic material, recreation, education, research and open space and aesthetic appreciation.
Permits: Tidal wetlands permit application pursuant to the 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: Department 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 (see 6 NYCRR 617.5[c]).
Public Hearing: A legislative hearing to receive unsworn comments about the proposed project will be held at 10:00 A.M. on June 12, 2007, at the North Hempstead Town Hall, Board Room, 220 Plandome Road, Manhassett, New York 11030 (Contact telephone: 516-869-7700). Written comments may also be submitted to the Office of Hearings and Mediation Services, at the address below, in advance of the legislative hearing. All persons, organizations, corporations, or government agencies which 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 (ALJ) 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 be held at the North Hempstead Town Hall, Board Room, 220 Plandome Road, Manhassett, New York 11030 immediately following the legislative hearing. The purpose of the issues conference is to define, narrow, and resolve, if possible, the proposed issues for adjudication. Any persons requesting party status must appear or be represented at the issues conference in order that all proposed issues may be fully discussed.
Party Status: To participate in the adjudicatory hearing, persons must file a written petition requesting full party status, pursuant to 6 NYCRR 624.5 (also see 6 NYCRR 624.4[c]). Petitions for full party status must demonstrate that substantive and significant issues exist concerning the proposed project. Please see 6 NYCRR 624.4 and 624.5 for further information about requesting full party status and identifying issues for adjudication.
All petitions requesting full 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 3:30 p.m. on June 6, 2007. Telefaxed copies will not be accepted. Petitions must be submitted to: Daniel P. O'Connell, 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).
All persons filing petitions must also send a copy of their petition at the same time and in the same manner to: Megan J. Joplin, Esq., Assistant Regional Attorney, DEC Region 1, SUNY at Stony Brook, 50 Circle Road, Stony Brook, New York 11790-3409 (Telephone: 631-444-0260) and to applicant's attorney, Paul J. Bloom, Esq., Harras, Bloom and Archer, LLP, 445 Broad Hollow Road, Suite 127, Melville, New York 11747 (Telephone: 631-393-6220).
Adjudicatory Hearing: The adjudicatory hearing will commence immediately after the issues conference on June 12, 2007, and continue if necessary on June 13, 2007. All parties participating in the adjudicatory hearing must be prepared to go forward with their respective witnesses on June 12 and 13, 2007.
Document Availability: All filed documents are available for inspection during normal business hours at the Department's Region 1 Office, SUNY at Stony Brook, 50 Circle Road, Stony Brook, New York 11790-3409 (Telephone: 631-444-0260, Attn: Megan J. Joplin, Esq.), 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: ECL 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 (State Environmental Quality Review); part 621 (Uniform Procedures); and part 624 (Permit Hearing Procedures).
James T. McClymonds
Chief Administrative Law Judge
Albany, New York
May 11, 2007