10/26/2022 0 Comments Alexandros stewardRespondents did not have authorization from the Department to deposit fill in the wetland or its adjacent area at the site (Hearing Report at 4 Tr at 69-70). 1, 2016, ¶ 5 DEC Exhibit 58 DEC Exhibit 62, attached Exhibit A ). Respondent Giacomelli owns a portion of the site and sought to extend his property by allowing fill to be placed on the site, and respondents Orchard and Stewart Logging both placed large amounts of fill within wetland ON-6 and its adjacent area at the site ( see Hearing Report at 2-4 Transcript at 106-110 DEC Exhibit 5, attached affidavit of Ronald Stewart, sworn to Feb. I concur with the ALJ's conclusion that Department staff met its burden of proof to establish the liability of each respondent. Scott Bassinson who prepared the attached hearing report (Hearing Report), which I adopt as my decision in this matter, subject to my comments below. The matter was assigned to Administrative Law Judge (ALJ) D. Staff requests a penalty of $110,000, as well as restoration of the site. Freshwater wetland ON-6 is designated as a Class I freshwater wetland, which is the most protective wetland classification.īy its second amended complaint dated Aug(Complaint), Department staff alleges one cause of action: that respondents violated 6 NYCRR 663.4(d)(20) by depositing fill in freshwater wetland ON-6 and its adjacent area without a permit from the Department. The site includes a portion of New York State regulated freshwater wetland ON-6 and the corresponding regulated adjacent area. One of the parcels is owned by respondent Giacomelli and the other parcel is owned by Norfolk Southern Railway Company. (Stewart Logging), violated the New York State freshwater wetlands law and regulations by placing fill on two adjacent parcels (site) located behind 572 Main Street, Oneonta, Otsego County. This administrative enforcement proceeding concerns allegations by staff of the Department of Environmental Conservation (DEC or Department) that respondents Alexandro Giacomelli, Orchard Earth & Pipe Corp. Section 663.4(d)(20) of Title 6 of the Official Compilation ofĬodes, Rules and Regulations of the State of New York (6 NYCRR),ĪLEXANDRO GIACOMELLI, ORCHARD EARTH & PIPE CORP., New York State Environmental Conservation Law (ECL) and In the Matter of the Alleged Violations of Article 24 of the Accommodation rating is the operators own rating and may not be the official rating.Giacomelli, Alexandro Orchard Earth & Pipe Corp and Stewart Logging, Inc. You'll need to pay a Tourist Tax locally at this accommodation.Īlexandros Hotel is located in Sissi, Crete. Rooms (two-three people) have either a double or twin beds, some have an additional single bed, air conditioning (payable locally), television, radio, fridge, safe (payable locally), hairdryer, shower room and a balcony or terrace.ĭue to the number of steps around the property, this hotel is not recommended for guests with mobility difficulties. Sun terrace with sunloungers and parasols The nearest restaurants and bars are 200m away Soak up the sun around the pool, feast on some great homecooked food or stroll into Sissi to watch the fishing boats at work, it's no wonder that guests return year after year.Ħ00m from the sandy beach. Located close to all amenities and an easy walk to the beach too. This incredibly welcoming and friendly, family-run hotel offers bright and spacious accommodation in the tranquil resort of Sissi.
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