Maggies Run LLC - Notice of Public Comment Period, Legislative Public Comment Hearing, Deadline for Petitions for Party Status and Issues Conference
Maggies Run LLC - Virtual Hearing Notice
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC COMMENT PERIOD, LEGISLATIVE PUBLIC COMMENT
HEARING, DEADLINE FOR PETITIONS FOR PARTY STATUS AND ISSUES
CONFERENCE
Applicant: Maggies Run LLC
2040 Victory Blvd
Staten Island, NY 10314
Project Location: 422 or 425 Chelsea Road, Staten Island, NY 10314
(Richmond County Tax Block 1780 Lot 15)
DEC Applications: ECL Article 25 Tidal Wetlands
DEC ID No. 2-6403-00316/00001
Project Description: 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.
SEQRA Status: The Project is an unlisted action under ECL article 8 (State Environmental Quality Review Act [SEQRA]) and 6 NYCRR 617.2. DEC, as lead agency, issued a negative declaration.
Prior Notice of Complete Application and Public Comment Period: On August 8, 2022, DEC issued a Notice of Complete Application (NOCA) in the Environmental Notice Bulletin (ENB) commencing the public review and comment period for the referenced application and DEC's tentative determination to deny the application. The NOCA was published in the ENB at: https://www.dec.ny.gov/enb/20220803_reg2.html.
Current Notice: This Notice serves to provide the public notification that DEC will hold a legislative public comment hearing, provide a written public comment period, set deadlines for petitions for party status, and hold an issues conference regarding Maggies Run LLC's permit application, DEC's notice of denial, and Maggies Run LLC's request for a hearing.
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.
All persons, organizations, corporations, or government agencies who may be affected by the project are invited to attend the hearing and comment on the Applicant's permit application, DEC's notice of denial, and the Applicant's request for a hearing. 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 3 minutes per person, depending on the number of people wishing to speak, to ensure that all persons have an opportunity to be heard. Because the hearing is being conducted by electronic webinar, it 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. Requests must be submitted by Monday, March 13, 2023 and directed to the NYSDEC Office of Communication Services, either by mail (address: NYSDEC, Office of Communication Services, 625 Broadway, Albany, New York 12233-4500), by telephone (518 402-8044) or by e-mail (language@dec.ny.gov).
Written Public Comments: Written comments concerning the Applicant's permit application, DEC's notice of denial, and the Applicant's request for a hearing must be postmarked by Wednesday, March 29, 2023 and mailed to Administrative Law Judge Michael S. Caruso at DEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, or emailed to ALJ Caruso at ohms@dec.ny.gov by 5:00 p.m. on Wednesday, March 29, 2023. Written statements will be considered equally with oral statements given at the legislative public comment hearing, provided they are postmarked by Wednesday, March 29, 2023 or emailed by :00 p.m. on that date.
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.
Filing for Party Status and Proposed Issues: Persons seeking to participate at the issues conference and the subsequent
adjudicatory hearing, if one is necessary, 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 5:00 p.m. on Friday, March 31, 2023. Address all petitions to Administrative Law Judge Michael S. Caruso, DEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, telephone: (518) 402-9003, email: michael.caruso@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's attorneys, Amy Cassidy, Esq., Sive, Paget & Riesel, P.C., 560 Lexington Avenue, New York, NY 10022, telephone: (212) 421-2150, email: acassidy@SPRLAW.COM and Michael Menicucci, Esq., Menicucci, Villa Cilmi PLLC, 240 Victory Blvd., Staten Island, NY 10301, telephone: (718)667-9090, email: mmenicucci@mvclaw.com, and to Department staff's attorney, Udo Drescher, Associate Attorney, New York State Department of Environmental Conservation, Region 2, 1 Hunter's Point Plaza, 47-40 21st Street, Long Island City, New York 11101, telephone: (718) 482-4963 426-7435, email: udo.drescher@dec.ny.gov. Any questions about the filing requirements or other hearing procedures may be addressed to ALJ Caruso by telephone at (518) 402-9003. DEC's permit hearing regulations may be found at https://www.dec.ny.gov/regs/2488.html, and a guide to permit hearing procedures may be found at https://www.dec.ny.gov/permits/6234.html.
Statement of Issues: Maggies Run LLC must submit a statement of issues no later than 5:00 p.m. on Friday, March 31, 2023 addressed to the ALJ and Department staff's attorney. The statement of issues must: (a) identify issues for adjudication which meet the criteria of 6 NYCRR 624.4(c); (b) present an offer of proof specifying the witness(es), each witness's qualifications, the nature of the evidence the applicant expects to present at the evidentiary hearing and the grounds upon which the assertion is made with respect to each issue; and (c) identify whether each identified issue is an issue of fact or law. The statement of issues must also be provided to all persons who filed petitions for party status no later than 5:00 p.m. on April 5, 2023.
Responses: Department staff may submit a response to Maggies Run LLC's statement of issues and Department staff and Maggies Run LLC may submit responses to petitions for party status provided they are submitted no later than 5:00 p.m. on Friday, April 7, 2023. Responses must also be provided to all persons who filed petitions for party status no later than April 7, 2023.
Filing by Email: Filing of petitions for party status, Maggies Run LLC's statement of issues and responses from Department staff and Maggies Run LLC by email is authorized provided the petitions, statement of issues and responses are received by all of the parties or petitioners, as directed above, by the 5:00 p.m. deadline for each filing, and a conforming hard copy is sent by first class mail and postmarked by the respective deadline date. Telefaxed petitions will not be accepted.
Document Availability: Filed application documents and notice of denial are available for review at NYSDEC, Region 2, Division of Environmental Permits, 47-40 21st Street, Long Island City, NY 11101, Phone: (718) 482-4997, or upon request by email to: dep.r2@dec.ny.gov. Reference Maggies Run LLC in the request.
Statutory and Regulatory Provisions: This proceeding is being conducted according to ECL article 3, title 3 (General Functions), ECL article 25, (Tidal Wetlands), ECL article 70 (Uniform Procedures); 6 NYCRR part 621 (Uniform Procedures), part 624 (Permit Hearing Procedures), and part 661 (Tidal Wetlands-Land Use Regulations).
Instructions for Attending the Legislative Public Comment Hearing:
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:
Dial: 1-518-549-0500
Access Code: 161 085 5893
Password: 62444377
Persons wishing to comment on the applications will have the opportunity to make a statement at the public comment hearing. Any person wishing to provide a public statement must register in advance of the hearing no later than 1:00 p.m. Tuesday, March 21, 2023. Any person may listen to the hearing by phone without pre-registering.
To Register Electronically: Persons who will login to the hearing electronically must register. To register, go to https://meetny.webex.com/weblink/register/r7da65165646ac4cd561cb6ac8772c32f and fill in the requested information. You will be asked whether you wish to make a public statement. After registration is complete, you will receive a confirmation by email with information about how to join the hearing.
To Register by Telephone: Any person who is not able to login electronically may participate by telephone. Call-in participants must register to speak in advance by calling the Office of Hearings and Mediation Services at 518-402-9003 no later than 1:00 p.m. Tuesday, March 21, 2023. Please provide your first and last name, address, email address if any, and telephone number and reference the Maggies Run LLC public comment hearing.
All participants will be muted upon entry into the hearing. The ALJ will call each person who has requested to provide a statement to speak. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. The ALJ may limit the time available for oral comments to 2 minutes per person, as necessary to afford all participants an opportunity to be heard. We also recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided above. The hearing will be recorded and transcribed into a formal transcript for inclusion in the record.
All participants will be muted upon entry into the hearing. The ALJ will call each person who has requested to provide a statement to speak. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. The ALJ may limit the time available for oral comments to 3 minutes per person, as necessary to afford all participants an opportunity to be heard. We also recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided above. The hearing will be stenographically recorded for inclusion in the record.
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
Password: April19-10AM
To join by phone only:
Dial: 1-518-549-0500
Access Code: 2330 258 4010
Passcode (if needed): 27745190
It is not necessary to pre-register to attend the issues conference.
Michael S. Caruso
Administrative Law Judge
February 15, 2023
Albany, New York
