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Ordway, Craig and Duck Island Corporation

March 10, 2010


Applicants: Craig Ordway and Duck Island Corporation
285 Asharoken Avenue
Northport, NY 11768

Project Application Numbers: 1-4726-01929/00001 and 1-4726-02070/00001

Project Location and Description: Applicants are the owners of certain real estate located on the south side of Duck Hill Road, Asharoken (Northport Bay), Town of Huntington, Suffolk County, New York. The tax map designation of the parcel is SCTM No. 401-03-03-5.3. Applicants propose to construct a 4'x120' pier, a 4'x40' ramp, and four (4) 10'x7' seasonal floats in a "T" configuration at the site.

Permits Requested: Applicants have applied to the New York State Department of Environmental Conservation ("Department") for a Tidal Wetlands permit authorizing the project pursuant to Environmental Conservation Law ("ECL") article 25 (Tidal Wetlands) and part 661 of title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") (Tidal Wetlands - Land use Regulations). This project may also require permits issued by the Town of Huntington and the Army Corps of Engineers, as well as authorization from the New York State Department of State.

SEQRA Status: Department staff determined that the project is a Type II action pursuant to the State Environmental Quality Review Act, ECL article 8 ("SEQRA") and 6 NYCRR part 617.

Department Staff Position: The Department's Division of Environmental Permits reviewed the application and denied the permit by letter dated July 28, 2005. Department staff determined that the application failed to satisfy the standards for tidal wetlands permit issuance contained in 6 NYCRR 661.9. A copy of the letter of denial is available for public inspection at the locations indicated below.

In particular, Department staff determined that the project did not meet the standard set forth in 6 NYCRR 661.9(b)(1)(i), to preserve and protect tidal wetlands. The variety of marine species at the site, and the existing benthic habitat would be unduly impacted by the construction of the proposed dock. Moreover, the structure would also negatively impact open space and the aesthetics of the area. The structure would also develop the shoreline affecting the littoral movement of sediments and benthic organisms.

Department staff further determined that the proposed project did not meet the standard set forth in 6 NYCRR 661.9(b)(1)(ii), to ensure compatibility with the public health and welfare. The proposed construction is in an area designated as Significant Coastal Fish and Wildlife Habitat. Construction of the dock would unduly impact fish habitat, impacting fishery stocks to the detriment of commercial and recreational fisheries. Moreover, the structure would incur damage from seasonal storms and ice causing sections of the structure to break off, resulting in a navigational hazard.

Finally, Department staff determined that the proposed project did not meet the standard set forth in 6 NYCRR 661.9(b)(1)(iii) of reasonableness and necessity inasmuch as reasonable alternatives to the proposed dock exist, such as the installation of stairs along the existing concrete bulkhead or use of a mooring buoy.

Legislative Hearing: All persons, organizations, corporations, or government agencies that may be affected by the project are invited to comment on the application. For this purpose, a legislative hearing to receive unsworn comments will be held on Tuesday, April 6, 2010, at 10:00 a.m., at the Northport Public Library, 151 Laurel Avenue, Northport, New York 11768.

This location is reasonably accessible to persons with a mobility impairment. Pursuant to the State Administrative Procedure Act ("SAPA"), interpreter services shall be made available to deaf persons, at no charge, upon written request to the administrative law judge named below at least five business days prior to the hearing.

Written comments may also be submitted at the legislative hearing or may be mailed to be received on or before Tuesday, April 6, 2010, at the Office of Hearings and Mediation Services at the address listed below. As also indicated below, if the hearing is cancelled because no petitions for party status are filed, or if any filed objections are withdrawn and all proposed issues are satisfactorily resolved before the issues conference, written comments will still be accepted until April 6, 2010.

Issues Conference: A pre-adjudicatory hearing issues conference will be held at the same location immediately following the legislative hearing. The purpose of the issues conference is to define, narrow, and resolve, if possible, the issues that are proposed as subjects for adjudication. The known issues include Department staff's basis for the denial of the application. Other issues may be proposed for adjudication and must be both substantive and significant in accordance with 6 NYCRR 624.4(c). It is important that any persons requesting party status appear or be represented at the issues conference in order that all proposed issues may be fully discussed.

Adjudicatory Hearing: The adjudicatory hearing is scheduled to take place at the same location, immediately following the issues conference and will continue on successive days, as necessary.

Party Status: Party status to participate in the adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status. The petition must include the facts intended for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). Any petition must fully identify the proposed party together with the name(s) of the person(s) who will act as the proposed party's representative(s), the proposed party's environmental interest in the proceeding, any interest relating to the statutes administered by the Department relevant to the project, whether the request is for full party or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status. Please see 6 NYCRR 624.4. and 624.5 for further information on party status and identification of issues.

If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project, or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements the project may not meet and provide an offer of proof explaining why. If a petitioner intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments and other documentary evidence that the petitioner intends to present at the hearing, and the basis for the assertions as to the existence of proposed adjudicable issues.

All filings requesting party or amicus status must be received on or before the close of business on Tuesday, March 30, 2010, at the Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany, New York 12233-1550, attn: Chief Administrative Law Judge James T. McClymonds. Electronic filings or telefaxed submissions will NOT be accepted. Copies of the filing are to be sent at the same time and in the same manner to: Craig L. Elgut, Esq., Associate Regional Attorney, at the Department's Region 1 Office, Office of General Counsel, SUNY Stony Brook, 50 Circle Road, Stony Brook, New York 11790-3409; and to Anna M. Scricca, Esq., Law Offices of Ingerman Smith, L.L.P., 150 Motor Parkway, Suite 400, Hauppauge, New York 11788.

If no petitions for party status are filed by the above deadline, or if any filed objections are withdrawn and all proposed issues are satisfactorily resolved before the issues conference, the hearing, including the legislative portion thereof, will be canceled. However, written comments may still be submitted to the Department until Tuesday, April 6, 2010.

Document Availability: All filed documents, the application, and other papers are available for inspection during normal business hours at the Department's Region 1 Office, SUNY Stony Brook, 50 Circle Road, Stony Brook, New York 11790-2356, attn: Laura J. Scovazzo, Environmental Analyst 2, telephone 631-444-0368, and at the Office of Hearings and Mediation Services, telephone 518-402-9003. A copy of 6 NYCRR part 624 (link leaves DEC website) may be obtained from the Office of Hearings and Mediation Services, or from the Westlaw website.

Statutory and Regulatory Provisions: This application is processed and this proceeding is conducted according to ECL article 1 (General Provisions); article 3, title 3 (General Functions); article 8 (State Environmental Quality Review, "SEQR"); article 25 (Tidal Wetlands); and 6 NYCRR part 617 ("SEQR");part 621 (Uniform Procedures); part 624 (Permit Hearings); and part 661 (Tidal Wetlands - Land Use Regulations). (All regulations links leave DEC website.)

James T. McClymonds
Chief Administrative Law Judge

March 10, 2010
Albany, New York

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