Maggies Run LLC applied to the New York State Department of Environmental Conservation (Department or DEC) for a Tidal Wetlands Permit to construct a commercial parking area with a gravel driveway surrounded by an 8-foot high chain link fence over approximately 0.39 acres of DEC regulated tidal wetlands adjacent area. The applicant proposed to enhance approximately 0.71 acres of existing tidal wetlands adjacent area on the property. Department staff noted that the Project failed to meet the applicable permit issuance standards of 6 NYCRR 661.9(c) because the Applicant failed to meet its burden to demonstrate that the Project would not have undue adverse impacts on the present and potential values of the adjacent tidal wetlands of Sawmill Creek, and that the Project would comply with the use guidelines in 6 NYCRR 661.5. By letter dated October 27, 2022, Department staff denied the Applicant's application for a Tidal Wetlands permit. Maggies Run LLC submitted a request for a hearing on DEC's denial dated November 18, 2022.
Legislative Public Comment Hearing: A legislative public comment hearing pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public will be held on Wednesday, March 22, 2023 at 6:00 p.m. The hearing will be conducted electronically through the Webex webinar platform. Instructions for participating in and attending the webinar are provided below.
Instructions for Attending the Legislative Public Comment
To register to attend the public hearing virtually, go to https://meetny.webex.com/weblink/register/r7da65165646ac4cd561cb6ac8772c32f. After registering, you will receive an email with the details on how to join the Webex.
To join by phone only without registering:
Access Code: 161 085 5893
Issues Conference: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory issues conference will be conducted by ALJ Caruso electronically through the Webex webinar platform. The conference will begin at 10:00 a.m. on Wednesday, April 19, 2023. The purpose of the issues conference is to determine party status for any person or organization that has properly filed a petition (as indicated below), to consider DEC's notice of denial, the Applicant's statement of issues, and to narrow and define those issues, if any, that will require adjudication in this matter. Participation at the issues conference shall be limited to Department staff, Applicant, and those persons or organizations requesting party status. Issues proposed for adjudication must be both substantive and significant in accordance with 6 NYCRR 624.4(c). Members of the public may observe the issues conference by attending the electronic webinar. Instructions for attending the webinar are provided below.
Instructions for Attending the Issues Conference:
To join the issues conference on April 19, 2023, through the internet, go to https://meetny-broadcast-pilot.webex.com/meetny-broadcast-pilot/j.php?MTID=m3a6a3409977ad70f71d8b3b36ed46368
Webinar Number: 2330 258 4010
To join by phone only:
Access Code: 2330 258 4010
Passcode (if needed): 27745190
It is not necessary to pre-register to attend the issues conference.