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Legacy Development Co., Inc. - Order of Disposition, April 13, 2006

Order of Disposition, April 13, 2006

STATE OF NEW YORK: DEPARTMENT OF ENVIRONMENTAL CONSERVATIONp

In the Matter of the Application of

LEGACY DEVELOPMENT CO., INC.

for a Freshwater Wetlands Permit pursuant to
Article 24 of the Environmental Conservation
Law (ECL), a Coastal Erosion Management Permit
pursuant to Article 34 of the ECL for seasonal
docks and associated improvements on Irondequoit
Bay in the Town of Webster, Monroe County

ORDER OF
DISPOSITION

April 13, 2006

Pursuant to New York State Department of Environmental Conservation (DEC) Organization and Delegation Memorandum 94-13, I have reviewed the Agreement Between the Glen Edythe Group (Intervenor) and Legacy Development Co., Inc. (Applicant) as well as the Stipulation Withdrawing the Request for Adjudicatory Hearing by Glen Edythe Group. DEC Staff does not object to the Agreement and takes the position that since no issues remain for adjudication, the matter should be remanded to DEC Staff to complete the SEQRA process and to issue the permit.

Accordingly, this matter is remanded to DEC Staff to take all steps necessary to issue the permit.

_________/s/__________
P. Nicholas Garlick
Administrative Law Judge

April 13, 2006
Albany, New York

Neal D. Madden, Esq.
Harter Secrest & Emery, L.L.P.
1600 Bausch & Lomb Place
Rochester, NY 14604

Leo Bracci, Esq.
Assistant Regional Attorney
NYSDEC Region 8
6274 East Avon-Lima Road
Avon, NY 14414-9519

Mr. Thomas L. Wolf
1096 Glen Edith Drive
Webster, NY 14580

Timothy M. Fitzgerald, Esq.
Harris Beach PLLC
99 Garnsey Road
Pittsford, NY 14534

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