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Zupa, Mary

February 4, 2009

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF COMPETE APPLICATION, LEGISLATIVE PUBLIC HEARING,
ISSUES CONFERENCE and ADJUDICATORY HEARING

MARY ZUPA
580 Basin Road
Southold, New York

DEC Application ID # 1-4738-03029/00003; 1-4738-03029/00008

PROJECT DESCRIPTION and LOCATION:

The applicant, Mary Zupa, has applied to the New York State Department of Environmental Conservation (DEC or Department) for a modification to an existing permit to install 1,000 to 1,500 pound rock armor along 112 linear feet of an existing bulkhead; construct 332 linear feet of timber retaining wall 12 feet landward of the existing bulkhead; place pervious stone between the bulkhead and the upper retaining wall; and reconstruct in-place a combined 30 linear feet of bulkhead and return. The applicant also requests that the permit be extended for five years. In addition, the applicant proposes to construct a 4 foot by 20 foot fiberglass grid ("Flo Thru") dock, 3 foot by 14 foot seasonal ramp, and 6 foot by 20 foot seasonal float. The proposed project is to be located at 580 Basin Road, Town of Southold, Suffolk County, SCTM # 1000-81-1-16.7.

On November 14, 2002, the Department issued the applicant a Tidal Wetland permit and a Water Quality Certification to construct a single family dwelling, garage, sanitary system, swimming pool, deck, gravel driveway, public water service, 4-foot wide access path and 4 foot by 4 foot steps to the beach. This permit also included permission to install 52 linear feet of a new low-sill bulkhead to replace an existing bulkhead in the same location, and plantings.

SEQRA STATUS: Department staff has determined that this is a Type II action and thus, is not subject to the State Environmental Quality Review Act.

STAFF'S POSITION: By letter dated November 2, 2007, DEC Chief Permit Administrator William R. Adriance informed Ms. Catherine Mesiano, the applicant's consultant, that the requested permit modification is not compatible with the preservation and protection of tidal wetlands with the public health and welfare, and is not reasonable and necessary. By letter dated February 26, 2008, Mr. Adriance wrote to Victor J. Zupa, Esq., the applicant's husband, denying the dock application based upon staff's determination that it did not meet the standards for permit issuance in Part 661 of Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR).

PUBLIC LEGISLATIVE HEARING

In accordance with the provisions of Parts 621, 624 and 661 of 6 NYCRR, a legislative hearing will be held before Administrative Law Judge (ALJ) Helene G. Goldberger to receive unsworn statements from the public on the permit application on March 3, 2009 at the Cutchogue Free Library located at 27550 Main Road, Cutchogue, New York at 10:00 a.m.

All persons, organizations, corporations or government agencies that may be affected by the project are invited to attend the hearing session to submit oral or written comments. Written comments may be sent to Helene G. Goldberger, Administrative Law Judge, at the New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550 until February 27, 2009. It is not necessary to file a written request in advance to speak at the legislative hearing.

The hearing location is reasonably accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at least 10 business days before the hearing.

ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held immediately following the legislative hearing on March 3, 2009 at the same location. The purpose of the issues conference will be to define, narrow and resolve, if possible, the issues concerning the permit application. Participation at the issues conference shall be limited to Department staff, the applicant, and those persons and organizations requesting party status.

FILING FOR PARTY STATUS AND PROPOSED ISSUES: Persons and organizations seeking party status to participate at any adjudicatory hearing must file a written petition meeting the requirement of 6 NYCRR 624.5(b). Mere opposition to the project is not a sufficient basis to be granted party status. A petition must fully identify the proposed party and its representative, the petitioner's environmental interest in the proceeding, any interest related to the statutes administered by the Department that are relevant to the project, whether the petition is for full party or amicus status, and the precise grounds for opposition or support. Petitioners for full party status must identify the witnesses that they would present and the nature of their evidence. If a petitioner intends to rely upon expert testimony, the petitioner must identify the name of the expert, that person's qualifications, a summary of the subject matter on which the expert is offered, and a summary of the expert's opinions as well as the facts upon which those opinions are based.

ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE AT THE ADJUDICATORY HEARING MUST BE RECEIVED BY NO LATER THAN 5 P.M. on February 26, 2009. Address all petitions to Helene G. Goldberger, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York 12233-1550. At the same time and in the same manner as the petition is furnished to the ALJ, a copy of the petition must be sent to the applicant's attorney, Eric Bressler, Esq. at Wickham, Bressler, Gordon & Geasa, P.C., 13015 Main Road, P.O. Box 1424, Mattituck, New York 11952 and to Craig L. Elgut Associate Attorney, Region One, New York State Department of Environmental Conservation 50 Circle Road, Stony Brook University, Stony Brook, New York 11790-3409.

ADJUDICATORY HEARING: The adjudicatory hearing in this matter is scheduled to begin immediately after the issues conference on March 3, 2009, and continuing to March 4, 2009, if necessary, at the same location. All hearing participants shall assure the availability of their witnesses on those dates.

DOCUMENT AVAILABILITY: A copy of the application materials is available for inspection at the Department's Region 1 office, Building 40, SUNY, Stony Brook, NY. (Please contact Sherry Aicher at [631] 444-0403). Also, the Department's hearing procedures may be found at http://www.dec.ny.gov/permits/6234.html, Guide to Permit Hearings, or by calling the Office of Hearings and Mediation Services at (518) 402-9003.

APPLICABLE STATUTORY AND REGULATORY PROVISIONS, PERMITS APPLIED FOR:

This application is being processed pursuant to ECL Article 3 (General Functions), Article 25 (Tidal Wetlands), Article 70 (Uniform Procedures); Section 401, Clean Water Act; as well as 6 NYCRR Part 621 (Uniform Procedures), Part 624 (Permit Hearing Procedures), and Part 661 (Tidal Wetlands - Land Use Regulations).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
February 4, 2009

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