Angel View, Inc.
May 28, 2010
STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
COMBINED NOTICE OF COMPLETE APPLICATION,
LEGISLATIVE PUBLIC HEARING, ISSUES CONFERENCE,
AND ADJUDICATORY HEARING
Applicant: Angel View, Inc.
115 Stevens Avenue
Valhalla, NY 10595
Project Application Number: 1-4736-06926/00001
Project Location and Description: Applicant is the owner of property located at 48 On the Bluff, North Haven, Suffolk County, New York (SCTM# 901-2-4-79). Applicant proposes to construct a 4' x 74' walkway/stairway down the bluff, a 6' x 161' dock with access stairs to the beach and a 6' x 30' "L" platform at its seaward end, a 6' x 20' float secured on two piles, and four mooring piles.
Permits Requested: Applicant applied to the New York State Department of Environmental Conservation ("Department") for a Tidal Wetlands permit 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").
SEQRA Status: Department staff determined that the project is not subject to further review under the State Environmental Quality Review Act, ECL article 8 ("SEQRA") and 6 NYCRR part 617 because it is a Type II action.
Department Staff Position: The Department's Division of Environmental Permits deemed the application complete by letter dated June 8, 2006 and denied the permit by letter dated January 10, 2007. Department staff determined that the application failed to satisfy the standards for permit issuance contained in 6 NYCRR part 661 (Title Wetlands - Land Use Regulations). Specifically, staff determined that the project did not meet the standards set forth in 6 NYCRR 661.9(b)(1)(i) or 661.9(c)(3) because the project will have an undue adverse impact on the present and potential values of the tidal wetland. Among other things, staff determined that the proposed project would cause a decrease of marine food production, species diversity and species abundance by shading, disturbing, displacing and degrading the near-shore habitat. Staff states that Noyack Bay provides excellent habitat for rearing juvenile fish, crustaceans, and benthic organisms and many of the species that would be affected by the project are commercially and recreationally important species of Noyack Bay and its tributaries. Staff also determined that the project did not meet the standards set forth in 6 NYCRR 661.9(b)(1)(ii) or 661.9(c)(1) because the project is not compatible with the public health and welfare. Staff again notes the importance of the near-shore habitat along Noyack Bay and states that the project would adversely affect important fish stocks, such as Blackfish and Winter Flounder, whose populations have been in decline. Staff further states that the project would serve as a blocking device, inhibiting near-shore recreational use by the public. Additionally, staff determined that the site is unsuitable for the project because of frequent heavy wave action that would be hazardous to a dock structure. Staff also determined that the project did not meet the standards set forth in 6 NYCRR 661.9(b)(1)(iii) because the project is not reasonable or necessary. Staff states that the stairway down the bluff is approvable with conditions, but alternatives to the dock, such as use of mooring buoys or a nearby marina, exist. A copy of the letter of denial is available for public inspection at the locations indicated below.
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 Wednesday, July 7, 2010, at 10:00 a.m., at the North Haven Village Hall, 335 Ferry Road, North Haven, New York.
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 mailed to Chief Administrative Law Judge James T. McClymonds, at the address 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 the Chief Administrative Law Judge at the address below, to be received on or before Wednesday, July 7, 2010. 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 resolved before the issues conference, written comments will still be accepted until July 7, 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 the statutory and regulatory requirements the project may not meet and provide an offer of proof specifying the witness(es), the nature of the 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 Wednesday, June 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., 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 James Hulme, Esq., Kelly & Hulme, PC, Attorneys at Law, 323 Mill Road, Westhampton Beach, NY 11978.
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, July 7, 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: Mark Carrara, Deputy permit Administrator, telephone 631-444-0374, and at the Office of Hearings and Mediation Services, telephone 518-402-9003. A copy of 6 NYCRR part 624 may be obtained from the Office of Hearings and Mediation Services, or from the Department's website at www.dec.ny.gov/regs/4483.html.
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).
James T. McClymonds
Chief Administrative Law Judge
May 28, 2010
Albany, New York