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Hoover, Gary

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC LEGISLATIVE HEARING, ISSUES CONFERENCE,
AND ADJUDICATORY HEARING

Applicant: Gary Hoover
36333 Poplar Tree Bay Road
Cape Vincent, New York 13618

Application ID Nos.: 6-2228-000675/00001 (Excavation and Fill in Navigable Waters); 6-2228-00675/00002 (Water Quality Certification); and 6-2228-00675/00003 (Stream Disturbance).

Project Location: 36333 Poplar Tree Bay Road, Cape Vincent, Jefferson County, New York.

Applicant's Representative: Gary Hoover, 36333 Poplar Tree Bay Road, Cape Vincent, New York.

Project Description: Applicant applied for permits pursuant to Environmental Conservation Law (ECL) article 15 (Disturbance of Protected Streams and Excavation and Placement of Fill in Navigable Waters) to construct a new 85-foot long seawall and walkway along the shoreline of the St. Lawrence River in front of an already existing stone wall covered with vertical slats, as well as a 16 foot extension to a dock. Applicant also applied for a water quality certification pursuant to section 608.9 of 6 NYCRR.

By letter dated July 20, 2018, Department staff denied the application for the 85-foot seawall and walkway. Department staff did not object to the 16-foot extension to the dock and advised applicant that an application for a permit for the dock extension would be considered without prejudice. By letter dated July 28, 2018, applicant requested a hearing on the denial.

As noted below, documents relating to the application may be viewed at the DEC Region 6 office in Watertown.

SEQRA Status: The project is a Type II Action under Environmental Conservation Law (ECL) article 8 (State Environmental Quality Review Act [SEQRA]) and 6 NYCRR 617.5(c)(10).

Public Legislative Hearing: A legislative hearing pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public will be held on Wednesday, October 17, 2018, beginning at 9:00 a.m., at the Cape Vincent Community Library, 157 North Real Street, Cape Vincent, New York. All persons, organizations, corporations, or government agencies who may be affected are invited to attend the hearing and comment on the application. Lengthy comments should be submitted in writing. Equal weight will be given to oral and written statements. The administrative law judge (ALJ) may limit the time available for oral comments to 5 minutes per person to ensure that all persons have an opportunity to be heard. This location is reasonably accessible to persons with a mobility impairment.

Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request to the ALJ at the address below. Requests must be made at least seven days prior to the hearing.

Written Public Comments: Written comments concerning the application may be mailed to ALJ Maria E. Villa at DEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550, and will be considered equally with oral statements given at the legislative hearing, provided they are received by Monday, October 15, 2018.

Issues Conference: A pre-adjudicatory issues conference will be held immediately following the legislative hearing on Wednesday, October 17, 2018. The adjudicatory hearing will follow immediately thereafter, and will continue, if necessary, on dates to be determined. The purpose of the issues conference is to define, narrow and, if possible, resolve the issues that are proposed as subjects for adjudication. The known issues are the Department's bases for denying the application, and applicant's objection to the Department's permit denials. Other issues may be proposed for adjudication and must be both substantive and significant in accordance with 6 NYCRR 624.4(c). Participation at the issues conference will be limited to Department staff, applicant, and those persons who have filed a petition for party status as detailed below.

Filing for Party Status and Proposed Issues: Persons seeking to participate at the issues conference and the subsequent adjudicatory hearing must file a written petition explaining whether their request is for full party status or amicus status. For the required contents of petitions for full party status, see 6 NYCRR 624.5(b)(1) and (2). To determine whether an issue is substantive, see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition seeking amicus status, see 6 NYCRR 624.5(b)(1) and (3).

All petitions requesting party status to participate at the adjudicatory hearing must be received at DEC's Office of Hearings and Mediation Services no later than 4:00 p.m. on Friday, October 12, 2018. Address all petitions to ALJ Maria E. Villa, DEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550, telephone: (518) 402-9003, email: maria.villa@dec.ny.gov. At the same time and in the same manner that the petition is furnished to the ALJ, a copy of the petition must be furnished to applicant, Gary Hoover, 33633 Poplar Tree Bay Road, Cape Vincent, New York 13618, (315) 408-3550, email: gvhoover@gmail.com, and to Department staff's attorney, Barbara McGinn, Esq., Assistant Regional Attorney, Office of General Counsel, DEC Region 6 Office, Dulles State Office Building, 317 Washington Street, Watertown, New York 13601-3787, telephone: (315) 785-2238, email: barbara.mcginn@dec.ny.gov.

Filing of petitions by email is authorized provided petitions are received by all of the above parties by the 4:00 p.m. deadline, and a conforming hard copy is sent by first class mail and postmarked by the deadline date. Telefaxed petitions will not be accepted.

DEC's permit hearing regulations may be found at http://www.dec.ny.gov/regs/2488.html, and a guide to permit hearing procedures may be found at http://www.dec.ny.gov/permits/6234.html.

Adjudicatory Hearing: An adjudicatory hearing will be held immediately following the issues conference. Participation at the adjudicatory hearing will be limited to Department staff, applicant, and those persons who have been granted party status.

Document Availability: Filed application documents and the existing permit are available for inspection during normal business hours at DEC's Region 6 Office, Dulles State Office Building, 317 Washington Street, Watertown, New York 13601.

Statutory and Regulatory Provisions: This proceeding is being conducted according to ECL article 3 (General Functions), article 8 (State Environmental Quality Review Act, [SEQRA]), article 15 (Protection of Water), and article 70 (Uniform Procedures); and 6 NYCRR part 608 (Use and Protection of Waters), part 617 (SEQR), part 621 (Uniform Procedures), and part 624 (Permit Hearings Procedures).

James T. McClymonds
Chief Administrative Law Judge

September 12, 2018
Albany, New York

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