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Simonelli, Jean

October 13, 2010

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF LEGISLATIVE PUBLIC HEARING,
ISSUES CONFERENCE and
ADJUDICATORY HEARING

JEAN SIMONELLI
289 Kramer Avenue
Staten Island, New York 10309

DEC Application ID # 2-6405-00417/00001

PROJECT DESCRIPTION and LOCATION:

The applicant, Jean Simonelli, has applied to the New York State Department of Environmental Conservation (DEC or Department) for a freshwater wetlands permit to construct a 2-family house including pool, street work (opening and construction), sidewalks, driveway, utilities, and drywells within DEC regulated Class 1 Freshwater Wetland AR-7 (Claypit Ponds). The project site is located at Radigan Avenue and Bloomingdale Road, Staten Island, Block 7079, Lots 8 and 9.

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 April 1, 2007, DEC Regional Permit Administrator John Cryan informed Mr. Nicholas Mann of Quay Consulting, LLC, the consultant to the applicant, that the requested permit application is not compatible with the permitting standards contained in Part 663 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) (Freshwater Wetlands Permit Requirements Regulations), with preservation and protection of freshwater wetlands, and with the public health and welfare, and is not reasonable and necessary. Based upon these determinations, in this same letter, Mr. Cryan advised Mr. Mann that the staff was denying the application. By letter dated April 29, 2010, Suzanne M. Avena, Esq., of Garfunkel Wild, P.C., wrote to Mr. Cryan to request a public hearing pursuant to 6 NYCRR 621.10 (a).

PUBLIC LEGISLATIVE HEARING

In accordance with the provisions of Parts 624 and 663 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 November 3, 2010, at the Knights of Columbus Hall located at100 Kreischer Street (Tottenville), Staten Island, 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 November 3, 2010. 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 November 3, 2010, 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 October 27, 2010. 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, Suzanne M. Avena, Esq. at Garfunkel, Wild, P.C., 111 Great Neck Road, Great Neck, New York 11021 and to Gail Hintz, Esq., Assistant Regional Attorney, Region 2, New York State Department of Environmental Conservation, 47-40 21 st Street, Long Island City, New York 11101-5407.

ADJUDICATORY HEARING: The adjudicatory hearing in this matter is scheduled to begin immediately after the issues conference on November 3, 2010, and continue on November 4, 2010, 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 2 office, 47-40 21st Street, Long Island City, NY. (Please contact Harold Dickey at [718]482-4969). 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 24 (Freshwater Wetlands), Article 70 (Uniform Procedures); as well as 6 NYCRR Part 621 (Uniform Procedures), Part 624 (Permit Hearing Procedures), and Part 663 (Freshwater Wetlands - Permit Requirements).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
October 13, 2010

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