Department of Environmental Conservation

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Dunne, Charles

December 14, 2007



APPLICANT: Charles Dunne, 27 Howard Street, New York, N.Y. 10013.

PROJECT LOCATION: 85 Oyster Shores Road, East Hampton, New York.

PROJECT: Applicant has applied (Application # 1-4724-01445/00001) to the New York State Department of Environmental Conservation (Department) for a tidal wetlands permit toreconstruct/expand a 4'x13' existing dock with a 4'x20' ramp on each end and a 6'x20' float. By Notice dated April 4, 2006 the Department denied the permit application. A request for hearing was filed on behalf of the applicant on April 26, 2006.

PERMIT: 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 661).

DEPARTMENT POSITION: The Department has denied the permit application. The Department's position is that the applicant proposes to remove four remaining pilings of a non-functional dock and construct a new dock consisting of a 4'x13' dock with a 4'x20' ramp on each end and a 6'x20' float on each end.

SEQRA STATUS: The Department Staff determined that this action is not subject to SEQRA; it has been identified as a Type II project.

PUBLIC HEARING: All persons, organizations, corporations or government agencies which may be affected by the project are invited to comment on the application. For this purpose, a legislative hearing to receive your comments will be held on January 15, 2008 at 9:00 AM at Village of East Hampton Emergency Services Building, 1 Cedar Street, East Hampton, New York 11937. This location is reasonably accessible to persons with a mobility impairment. Written comments will also be received prior to the legislative hearing at the Office of Hearings and Mediation Services at the address listed below.

ISSUES CONFERENCE: A pre-hearing issues conference at the same location will be held immediately following the legislative hearing. The known issues are Staff's basis for the denial. Other issues may be proposed for adjudication and must be both substantive and significant in accordance with 6 NYCRR §624.4(c).

ADJUDICATORY HEARING: An adjudicatory hearing at the same location will immediately follow the issues conference and continue from day to day thereafter if necessary.

PARTY STATUS: All filings requesting party status must be according to the criteria outlined in 6 NYCRR §624.5 [Hearing Participation] including an explanation of interest and description of the facts you intend to offer. All filings requesting party status, proposing issues for adjudication or for presenting argument, must be received on or before 4:00 p.m. on January 2, 2008 at the Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany NY 12233-1550, attn: Molly T. McBride, ALJ with copies to both the Applicant's counsel, Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP at P.O. Box 9398, Riverhead, New York 11901 and the Region 1 Staff at the address given below. Interpreter services shall be made available to deaf persons that are parties or witnesses pursuant to SAPA, at no charge, upon written request to the ALJ within a reasonable time prior to the hearing.

DOCUMENT AVAILABILITY: All filed documents, the application and other papers are available for inspection at the Department's Region 1 Office, Building 40 SUNY, Stony Brook NY 11790-2356 Attn: Sherri Aicher, Environmental Analyst, Phone (631) 444-0404 and at the Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233, telephone 518-402-9003. A copy of 6 NYCRR Part 624 may be obtained from the Office of Hearings and Mediation Services.

STATUTORY AND REGULATORY PROVISIONS: The applications are processed and this proceeding is conducted according to the Environmental Conservation Law ("ECL") Article 3 (General Functions), Article 8 (Environmental Quality Review, "SEQR"), Article 25 (Tidal Wetlands) and Article 70 (Uniform Procedures); and also Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR"), Part 617 (SEQR) Part 621 (Uniform Procedures), Part 624 (Permit Hearings), and Part 661 (Tidal Wetlands).

Chief Administrative Law Judge

December 14, 2007
Albany, New York

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