September 4, 2008
STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
COMBINED NOTICE OF
COMPLETE APPLICATION AND PUBLIC HEARING
Applicant: Daniel Pendzick, 20 Hallock Lane, Center Moriches, New York 11934. (DEC Application No. 1-47228-04178/00004).
Project: Applicant proposes to construct 95 linear feet of new bulkhead an average of 18 inches seaward of an existing bulkhead. The proposed project would also include dredging a 20 ft. x 80 ft. area to 3.5 feet below mean low water and placing about 30 cubic yards of dredged material as back fill. The proposed project is located at 28 Union Avenue, Center Moriches (Town of Brookhaven), Suffolk County, adjacent to the Senix Creek, which is a tributary of Moriches Bay.
By letter dated November 3, 2006, Department 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]).
Legislative Hearing Session and Public Comment: A legislative hearing session to receive unsworn comments about the proposed project has been tentatively scheduled for at 10:00 A.M. on October 7, 2008, at the Lamb's Chapel, 25 Frowein Road, Center Moriches, New York (Telephone: 631-874-4180). Please take notice, as described further below, that the legislative hearing session will be cancelled if the assigned administrative law judge does not receive any petitions for either amicus or full party status. In the event that the legislative hearing session is cancelled, members of the public may submit written comments about Applicant's proposed project to the assigned administrative law judge, at the address below. All written comments must be received by October 10, 2008. For information about the status of the legislative hearing session, contact the assigned administrative law judge.
Issues Conference: A pre-adjudicatory hearing issues conference has been tentatively scheduled to begin after legislative hearing session, if one is held, on October 7, 2008 at the Lamb's Chapel, 25 Frowein Road, Center Moriches, New York (Telephone: 631-874-4180). The purpose of the issues conference is to define, narrow, and resolve, if possible, the proposed issues for adjudication.
Applicant and Department staff have agreed that the issues for adjudication will be whether Applicant's project for a new bulkhead, as described above, would comply with the standards for issuance of a permit outlined at 6 NYCRR 661.9(b)(1)(i, ii, iii and v), as well as the permit standards outlined at 6 NYCRR 608.8 and at 6 NYCRR 608.9 for a water quality certification. Applicant has the burden of establishing that the applicable standards at 6 NYCRR 661.9(b)(1) will be met (also see 6 NYCRR 624.9[b]).
Any persons requesting party status must appear or be represented at the issues conference in order that any additional proposed issues may be fully discussed. Please take notice that the issues conference will be cancelled if the assigned administrative law judge does not receive any petitions for either amicus or full party status by October 1, 2008. For information about the status of the issues conference, contact the assigned administrative law judge.
Party Status: To participate in the issues conference and the subsequent 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 October 1, 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: Susan Schindler, 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 at the address provided above.
Adjudicatory Hearing: The adjudicatory hearing has been tentatively scheduled to commence immediately after the issues conference on October 7, 2008 at Lamb's Chapel, 25 Frowein Road, Center Moriches, New York (Telephone: 631-874-4180), and continue if necessary on October 8, 2008 at the same location. All parties participating in the adjudicatory hearing must be prepared to go forward with their respective witnesses on October 7, 2008. Please take notice that the schedule for the adjudicatory hearing may change if there are no timely filed petitions for either amicus status or full party status.
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: 631-444-0367, Attn: Susan Schindler, 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 (link leaves DEC website) (State Environmental Quality Review); part 621 (link leaves DEC website) (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
September 4, 2008