Applicant
Town of Sandy Creek
1992 Hardwood Drive
P.O. Box 52
Sandy Creek, NY 13145
Project Location
S. Sandy Pond Barrier Dune, S. Sandy Pond Inlet Road, West Shore Drive, and N. Rainbow Shores Road
DEC Application
Coastal Erosion Management Permit (DEC ID No. 7-3599-00040/00004)
Project Description
The Town of Sandy Creek (Town) applied to the New York State Department of Environmental Conservation (Department or DEC) for a Coastal Erosion Management Permit to install a water main through the South Sandy Pond Coastal Barrier Dune, situated within the mapped Coastal Erosion Hazard Area (CEHA) including a Natural Protective Feature Area (NPFA). Department staff noted that construction of a new water main within a NPFA is prohibited by 6 NYCRR 505.8(d)(5) and determined that the Towns’ application for a variance did not meet the requirements of 6 NYCRR 505.13. By letter dated February 12, 2025, Department staff denied the Towns’ application for a Coastal Erosion Management permit. By its’ counsel, Michael A. Fogel, Esq., the Town of Sandy Creek submitted a request for a hearing on DEC’s denial dated March 13, 2025.
Written Public Comments
Written comments concerning the Towns’ permit application, DEC’s notice of denial, and the Town of Sandy Creek’s request for a hearing must be postmarked by Friday, April 10, 2026, and mailed to Administrative Law Judge Timothy MacPherson at DEC’s Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, or emailed to ALJ MacPherson at [email protected] by 5:00 p.m. on Friday, April 10, 2026. Written statements will be considered equally with oral statements given at the public comment hearing, provided they are postmarked by Friday, April 10, or emailed by 5:00 p.m. on that date.
Public Comment Hearing
A virtual public comment hearing held pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public will be held on Thursday, April 2, 2026, at 6:00 p.m.
Equal weight is given to written and oral comments.
Register link:
https://meetny-gov.webex.com/weblink/register/rf8d0e7e4f3449a8be0affdded8b9ebac
Join by phone
+1-929-251-9612 United States Toll (New York City)
+1-415-527-5035 United States Toll
Access code: 2831 032 1934
Webinar password: Welcome1 (93526631 when dialing from a phone or video system)
All persons, organizations, corporations, or government agencies who may be affected by the project are invited to attend the hearing and comment on the Towns’ permit application, DEC’s notice of denial, and the Town of Sandy Creek’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 2 minutes per person, depending on the number of people wishing to speak, to ensure that all persons have an opportunity to be heard.
Language interpretation services shall be made available to persons with limited English proficiency, including American Sign Language, at no cost. Requests must be received 10 calendar days before the meeting, but DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the NYSDEC Division of Communication, Education, and Engagement by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-4500), e-mail ([email protected]), or phone (518) 402-8028.
More information about the upcoming hearing can be found on DEC’s Hearing Notices webpage.
Prior Notice
On April 24, 2024, DEC issued a Notice of Complete Application 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.
Application Materials
Application and Uniform Procedures Act (UPA) Documents
- Coastal Erosion Management Permit Application, 3/11/2024 (PDF)
- Mutual Suspension of UPA Timeframes, 3/14/2024 (PDF)
- Notice of Complete Application to Applicant, 4/18/2024 (PDF)
- Notice of Complete Application to Town Supervisors, 4/18/2024 (PDF)
- Proof of Publication Affidavits, 4/23/2024 (PDF)
- Public Comments (PDF)
State Environmental Quality Review (SEQR) Documents
Denial Notice
Documents Referenced in Denial
- Emergency Authorization to OPRHP, 5/27/2017 (PDF)
- OPRHP General Permit, 6 NYCRR 505: Art. 34 Coastal Erosion Management, 6/21/2019 (PDF)
- OPRHP General Permit Application, 6/21/2019 (PDF)
- OPRHP Declaration of Emergency, 5/18/2017 (PDF)
Other Documents
- Town of Sandy Creek Hearing Request (PDF)
- Town of Sandy Creek Coastal Erosion Hazard Area Map 1 (PDF)
- Town of Sandy Creek Coastal Erosion Hazard Area Map 2 (PDF)
Project materials are also available at the Department’s Region 7 office, by appointment only.
