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Haley, William

May 1, 2008


APPLICANT: WILLIAM HALEY [Contact: James N. Hulme, Esq., Kelly & Hulme, P.C., 323 Mill Road, Westhampton Beach, New York 11942; Tel. 631-288-2876]

PROJECT APPLICATION No.: DEC Project No. 1-4736-06627/00001

PROJECT DESCRIPTION: Applicant proposes the construction of one new single family dwelling with covered porch, pervious driveway and on-site septic system on real property located in the Town of Southampton at 12 Magnus Lane, East Quogue, New York 11954 (the "site"; SCTM No. 0900-316.00-01.00-040.003). The proposed dwelling will be located within 43 linear feet of New York State Department of Environmental Conservation ("Department" or "NYSDEC") regulated Freshwater Wetlands Q-10, a Class II freshwater wetland. The septic system will be located within 52 feet of the regulated freshwater wetlands and the driveway will be within approximately six feet of these wetlands. Clearing, grading and ground disturbance for the project is within three feet of the wetland boundary. The project is also within 300 linear feet of NYSDEC regulated tidal wetlands.

PERMITS: Applicant has applied to the Department for a freshwater wetlands permit pursuant to Environmental Conservation Law ("ECL") ECL article 24, title 7 and Official Compilation of Codes, Rules and Regulations of the State of New York, Title 6 ("6 NYCRR") part 663, and a Tidal Wetlands permit pursuant to ECL article 25, title 4 and 6 NYCRR Part 661.

STATE ENVIRONMENTAL QUALITY REVIEW ("SEQR") STATUS: Department staff has determined that this project is a Type II project pursuant to 6 NYCRR part 617, not subject to the requirements of SEQR.

UNIFORM PROCEDURES/COMPLETE APPLICATION: Pursuant to ECL article 70 and 6 NYCRR part 621, Department staff deemed this application complete on December 3, 2004.

TENTATIVE DETERMINATION: The Regional Department staff has made a tentative determination to deny the project as proposed because the permit application fails to satisfy the standards for permit issuance. The reasons for Department staff's denial include:
1) the project would require clearing, grading, and ground disturbance within three feet of the Class II Freshwater Wetland; 2) a substantial amount of the wetland's 100-foot adjacent area will be disturbed and occupied by the proposed structures and activities; 3) the project would be located entirely within the regulated 100-foot adjacent area; 4) important wildlife habitat and wetland buffering values would be permanently lost; 5) the project would contribute to increased pressure to continue development beyond the initial construction; and 6) the project would set a precedent for future encroachment and cumulative impacts on the wetlands.

Additionally, Department staff has determined that the project will result in significant adverse impacts to Freshwater Wetland Q-10 and its adjacent area, and the project is not compatible with the preservation, protection and conservation of the wetland and wetland benefits. Consequently, Department staff concluded that this permit application does not meet the compatibility tests identified in 6 NYCRR 663.5(e)(1) and therefore must meet each of the weighing standards identified in 6 NYCRR 663.5(e)(2).

PUBLIC HEARING: All persons, organizations, corporations or government agencies which may be affected by the proposed project are invited to comment on the application. A legislative hearing session will be held to receive unsworn oral statements from the public at the Westhampton Beach Village Hall, Village of Westhampton Beach, 165 Mill Road, Westhampton Beach, New York 11978, on June 4, 2008, beginning at 10:00 a.m. Written comments regarding this application may also be filed with the Office of Hearings and Mediation Services ("OHMS") at the address indicated below prior to the legislative hearing, or may be filed with the ALJ during the hearing. Equal weight will be given to oral and written comments. Lengthy comments should be submitted in writing. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the Administrative Law Judge ("ALJ") identified below, at least seven business days prior to the hearing.

A pre-adjudicatory issues conference will be held at the Westhampton Beach Village Hall, Village of Westhampton Beach, 165 Mill Road, Westhampton Beach, New York 11978, immediately following the legislative hearing on June 4, 2008. The purpose of the issues conference is to determine party status for any person who has properly filed and to define, narrow and if possible, resolve proposed adjudicable issues concerning the permit application which are raised by party status petitioners or the Applicant. Any persons requesting party status must appear or be represented at the issues conference in order that all proposed issues may be fully discussed.

An adjudicatory hearing, if necessary, will be scheduled at a future date.

FILING FOR PARTY STATUS: The Department's requirements for party status petitions to participate at the issues conference and at any subsequent adjudicatory hearing are set forth at 6 NYCRR 624.5 and 624.4(c). All petitions requesting party status to participate at the adjudicatory hearing must be received at the NYSDEC OHMS no later than 3:00 p.m. on May 28, 2008. Such filings should be submitted to: Kevin J. Casutto, ALJ, New York State Department of Environmental Conservation, OHMS, First Floor, 625 Broadway, Albany, New York 12233-1550. Electronic filings will not be accepted. All Petitioners also must send a copy of their complete filing to Applicant's attorney, James N. Hulme, Esq., Kelly & Hulme, P.C., 323 Mill Road, Westhampton Beach, New York 11942, and to the Department Staff attorney, Gail Rowan, Esq., Assistant Regional Attorney, NYSDEC Region 1 Office, S.U.N.Y. Campus, 50 Circle Road, Stony Brook, New York 11790-3409 in the same manner and at the same time as filed with the ALJ. The NYSDEC Permit Hearing Regulations, 6 NYCRR part 624, may be accessed via the NYSDEC/OHMS web page at regs/4483.html.

DOCUMENT AVAILABILITY: All filed documents are available for inspection at the Westhampton Beach Free Library,7 Library Avenue, Westhampton Beach, New York 11978 [contact: Matthew Bollerman, Director], the New York State Department of Environmental Conservation, Region 1 Office (address listed above), [contact: Susan Ackerman, Environmental Analyst] and the NYSDEC OHMS in Albany, New York (address listed above). ALL PERSONS HAVING AN INTEREST IN THIS APPLICATION ARE URGED TO ATTEND THE HEARING OR BE REPRESENTED EITHER INDIVIDUALLY OR COLLECTIVELY.

STATUTORY AND REGULATORY AUTHORITY: This application was filed and is being processed pursuant to ECL article 3, title 3 (General Functions), ECL article 8 (SEQR), ECL article 24, title 7 (Freshwater Wetlands Regulations), ECL article 25, title 4 (Tidal Wetlands - Regulated Activities), and ECL article 70 (Uniform Procedures). Regulatory provisions applicable to this permit application are 6 NYCRR part 617 (SEQR), 6 NYCRR part 621 (Uniform Procedures), 6 NYCRR part 624 (Permit Hearing Procedures), 6 NYCRR part 663 (Freshwater Wetlands Permit Requirements), and 6 NYCRR part 661 (Tidal Wetlands - Land Use Regulations).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
May 1, 2008

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