The complaint was subsequently corrected by a ruling of the presiding Chief Administrative Law Judge (Chief ALJ) of the Department's Office of Hearings and Mediation Services ( see Ruling of the Chief ALJ dated December 12, 2014, at 5-6, 16).ĭepartment staff seeks a civil penalty in the amount of one thousand, two hundred dollars ($1,200) for the alleged violation. In addition, a new farm pond had been created on the site.ĭEC staff commenced this administrative proceeding by serving a notice of hearing and complaint upon respondent dated J( see Hearing Exhibit 1). This administrative enforcement proceeding concerns allegations by staff of the New York State Department of Environmental Conservation (Department or DEC) that respondent Alan Grout violated 6 NYCRR 608.2(a) by burying a protected stream known as the Stuyvesant Brook in a 500-foot long culvert pipe without a permit at a site that respondent owns on Fordham Road, Valatie, Town of Kinderhook, Columbia County, New York (site or subject parcel). of the Official Compilation of Codes, RulesĪnd Regulations of the State of New York (6 NYCRR), In the Matter of the Alleged Violations of Article 15 of theĮnvironmental Conservation Law (ECL) and Title 6, Grout, Alan - Deputy Commissioner Order, FebruDeputy Commissioner Order, February 20, 2023
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