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99 Lynn Avenue, LLC

April 12, 2007



Applicant: 99 Lynn Avenue LLC, c/o B&L Management, 316 East 63rd Street, Suite 1A, New York, New York 10021 (Contact: Alfred Caiola). (Application No. 1-4736-06478/00003). Agent: Kelly Risotto, Senior Ecologist, Land Use Ecological Services, Inc., PO Box 1060, 209 West Main Street, 2nd Floor, Riverhead, New York 11901.

Project: From a bluff on property located at 99 Lynn Avenue, Hampton Bays (Town of Southampton, Suffolk County), New York 11946, applicant proposes to construct a stairway and platforms to an existing bulkhead. From the bulkhead, applicant proposes to construct a catwalk into Shinnecock Bay, and a floating dock. The components and their respective dimensions are identified below.

The access stairs leading from the bluff to the bulkhead are composed of the following: 8' x 10' platform at top of bluff, 4' x 6' platform midway down stairs, 4' x 5' platform connecting stairs to a 6' x 20' platform that will be used for storage of recreation and boating equipment. The proposed dock will extend from the existing bulkhead and consists of the following: 4' x 5'
timber steps down to 26" above average high water (AHW), 4' x 93' timber catwalk, 3' x 20' ramp, and 6' x 20' floating dock.

By letter dated May 9, 2006, the DEC Region 1 Staff denied the permit application.

Permits: Tidal wetlands permit application pursuant to the New York State 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), and a water quality certification pursuant to section 401 of the federal Clean Water Act (33 USC 1341), as well as ECL article 15, title 5, and 6 NYCRR 608.9.

SEQRA Status: The 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 (see 6 NYCRR 617.5[c][10]).

Public Hearing: A legislative hearing to receive unsworn comments about the proposed project will be held at 10:00 A.M. on May 15, 2007, at Hampton Bays Public Library, 52 Ponquogue Avenue, Hampton Bays, New York 11946 (Telephone: 631-728-6241, Attn: Nancy Carielli). 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 Hampton Bays Public Library, 52 Ponquogue Avenue, Hampton Bays, New York 11946 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 May 9, 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: Gail Rowan, 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, Anthony Palumbo, Esq., Goggins & Palumbo, P.O. Box 65, Mattituck, New York 11952 (Telephone: 631-298-4200).

Adjudicatory Hearing: The adjudicatory hearing will commence immediately after the issues conference on May 15, 2007, and continue if necessary on May 16, 2007. All parties participating in the adjudicatory hearing must be prepared to go forward with their respective witnesses on May 15, 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: Gail Rowan, 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 15, title 5 (Protection of Waters); article 25 (Tidal Wetlands); article 70 (Uniform Procedures); and 6 NYCRR section 608.9 (Water Quality Certification); part 661 (Tidal Wetlands); part 617 (State Environmental Quality Review); part 621 (Uniform Procedures); and part 624 (Permit Hearing Procedures). Section 401 of the federal Clean Water Act (Water Quality Certification).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
April 12, 2007

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