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Jersen, David - Lake George Park Commission

July 2, 2012



APPLICANT: David Jersen
6 Industry Drive
Waterford NY 12188

APPLICATION NO:Stormwater Management Permit Application

# 5328-13-11 SW2 MAJOR, ECL § 43-0112

PROJECT LOCATION: 2081 Camp Andrew's Way, Section 64.14, Block 1, Lot 9, Town of Fort Ann

PROJECT DESCRIPTION:Construction of a single family dwelling with erosion and stormwater controls.

NOTICE OF COMPLETE APPLICATION: This complete application was deliberated by the Lake George Park Commission board on April 24, 2012.

LAKE GEORGE PARK COMMISSION POSITION: On May 7, 2012, the Commission issued a Notice of Intent to Deny to the permit applicant on the basis that the applicant's project may have an adverse impact on the health, safety and welfare of the public and the resources of the Lake George Park and may lead to a diminution of water quality, an increase in erosion or an increase in stormwater runoff from the site. Based upon this determination, by e-mail dated May 8, 2012, the applicant requested a hearing.

DOCUMENT AVAILABILITY: The permit application and supporting materials are available for review at the following locations during normal business hours:

Lake George Park Commission
75 Fort George Road
Lake George, NY
Contact Person: Joseph A. Thouin, Environmental Analyst
(518) 668-9347 Ext. 11


PUBLIC HEARING AND ISSUES CONFERENCE: A legislative hearing will be held to receive unsworn statements from the public on August 7, 2012 at 10:00 A.M. at the Lake George Town Center, 20 Old Post Road, Lake George, New York. All persons, organizations, corporations or government agencies that may be affected by the proposed project are invited to attend the legislative hearing and to submit oral comments. No prior filing is required to participate. However, the Administrative Law Judge may restrict the time available to 5 minutes for each person, to ensure that all persons will have an opportunity to be heard. It is recommended that lengthy comments be submitted in writing at the hearing. Written comments regarding this application may also be filed with the Office of Hearings and Mediation Services at the address indicated below by no later than August 7, 2012. Equal weight will be given to both oral and written comments. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the Administrative Law Judge identified below, at least ten (10) business days prior to the hearing.

WRITTEN PUBLIC COMMENTS: All interested parties may submit written comments at the hearing or by mail no later than August 7, 2012 to Administrative Law Judge Helene G. Goldberger, NYS Department of Environmental Conservation, Office of Hearings and Mediation, 625 Broadway, 1st Floor, Albany, NY 12233-1550, with a copy to David Wick, Executive Director, Lake George Park Commission, 75 Fort George Road, Lake George, New York 12845.

ISSUES CONFERENCE: Pursuant to § 645-6.6 of Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR), a pre-adjudicatory issues conference will be held on August 7, 2012 immediately following the legislative hearing at the Lake George Town Center, 20 Old Post Road, Lake George, New York. The purpose of the issues conference is to define, narrow and if possible, resolve proposed adjudicable issues concerning the action which is being proposed. The issues conference may be canceled if no petitions for party status are timely filed.

FILING FOR PARTY STATUS: Party status to participate at the adjudicatory hearing will be afforded only to those persons who file a written petition requesting party status, pursuant to 6 NYCRR § 645-6.4(b). The applicant and the Commission staff are automatically parties to this proceeding. 6 NYCRR § 645-6.4(a).

All petitions for party status must be received by 5:00 p.m. on July 24, 2012. One copy of any petition requesting party status must be served upon the following individuals:

(1) Administrative Law Judge Helene G. Goldberger, NYSDEC Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, NY 12233-1550;

(2) David Wick, Lake George Park Commission, 75 Fort George Road, Lake George, New York 12845;

(3) Eileen M. Haynes, Esq., Counsel for LGPC, P.O. Box 2168, Glens Falls, New York 12801-2168;

(4) Mark Schachner, Esq., counsel for applicant, Miller, Mannix, Schachner & Hafner, LLC, 451 Glen Street, P.O.Box 765, Glens Falls, New York 12801.

ADJUDICATORY HEARING:If it is determined that an adjudicatory hearing is required, the administrative law judge and the parties will determine the date and location.

Albany, New York
July 2, 2012

Administrative Law Judge
NYS Dept. of Environmental Conservation
625 Broadway, First Floor
Albany, NY 12233-1550
Tel: 518-402-9003
Fax: 518-402-9037

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