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Matherson, Violet C.

January 3, 2008



Applicant: Violet C. Matherson, 148 Wagstaff Lane, West Islip, New York 11795. (Application No. 1-4728-02753/00007). Agent: Donna Myers, Shore Solutions, 32 Lincoln Avenue, Massapequa, New York 11758. Telephone: 516-816-4163.

Project: Applicant proposes to construct a dock in the Great South Bay - West consisting of a 4' x 68' pier with a 4' x 24' "T," and three safety ladders and four davits on the seaward end of the dock. The water depth is 2.5 feet at apparent low water. The purpose of the project is to provide dock space for recreational vessels. The proposed project is located at 148 Wagstaff Lane, West Islip (Suffolk County, Town of Islip), New York.

By letter dated April 9, 2007, 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); protection of water permit pursuant to ECL article 15, title 5 and 6 NYCRR part 608; as well as a water quality certification pursuant to section 401 of the federal Clean Water Act (33 USC 1341), ECL article 15, title 5, and 6 NYCRR 608.9.

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][10]).

Public Hearing: A legislative hearing to receive unsworn comments about the proposed project will be held at 10:00 A.M. on February 5, 2008, at the West Islip Public Library, 3 Higbie Lane, West Islip, New York 11795 (Telephone: 631-661-7080). 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.

Issues Conference: A pre-adjudicatory hearing issues conference will be held at the West Islip Public Library 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 January 31, 2008. 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 consultant: Donna Myers, Shore Solutions, 32 Lincoln Avenue, Massapequa, New York 11758 (Telephone: 516-816-4163).

Adjudicatory Hearing: The adjudicatory hearing will commence immediately after the issues conference on February 5, 2008 at the West Islip Public Library, and continue if necessary on February 6, 2008 at the same location. All parties participating in the adjudicatory hearing must be prepared to go forward with their respective witnesses on February 5, 2008.

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 (link leaves DEC website) may be obtained from the Office of Hearings and Mediation Services, and is also available on the Westlaw website.

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 Water); article 25 (Tidal Wetlands); article 70 (Uniform Procedures); and 6 NYCRR part 608 (Protection of Water); 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
January 3, 2008

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