2]; (3) a 14 ft by 8 ft pile of fill [Photo No. Pay Less. Significant environmental harm has occurred. ECL17-0505 prohibits the making or use of an outlet or point source discharging into the waters of the state without a valid SPDES permit. Check out Babylon Riding Center's large selection of pet apparel and pet toys. The Commissioner determined further that to support a motion for a default judgment, staff must "provide proof of the facts sufficient to support the claim[s]" alleged in the complaint (Matter of Queen City Recycle Center, Inc., Decision and Order of the Commissioner, December 12, 2013, at 3.) 1 at 5:39-05:50). Staff requested a total civil penalty of $191,500. [2] On the day of the hearing, but after the completion of the hearing, a representative of respondent requested that the hearing be rescheduled (see communication dated December 17, 2021 from ALJ O'Connell to Department staff and respondent). [2] The audio recording of the hearing consists of two segments. Portions of the site are located in and adjacent to Freshwater Wetland BW-1. Of this amount, one hundred twenty-five thousand dollars ($125,000) is suspended contingent upon respondent's implementation of the required remedial action plan to Department staff's satisfaction and compliance with all other terms and conditions of this order. 19. 6 NYCRR 663.4(a) by causing or allowing the clearing of vegetation in the adjacent area of freshwater wetland BW-1 without a DEC permit (see 6 NYCRR 663.4[d][23]); C. 6 NYCRR 663.4(a) by causing or allowing the placement of fill in freshwater wetland BW-1 without a DEC permit (see 6 NYCRR 663.4[d][20])); D. 6 NYCRR 663.4(a) by causing or allowing the placement of fill in the adjacent area of freshwater wetland BW-1 without a DEC permit (see 6 NYCRR 663.4[d][20]); and. BRC violated 6 NYCRR 663.4(a) when it cleared vegetation from the adjacent area of Freshwater Wetland BW-1 without a permit from the Department. Keep your pet happy and entertained all day with some new supplies, such as carriers, from here. Aureliano Equestrian owner Jill Aureliano has been teaching and training since 1990. Staff explained there is one count associated with clearing the wetland, clearing the adjacent area, and filling the wetland. The manner of use of the front-end loader at the site (scooping up waste material from the trench and depositing the waste into the Carlls River) would be a "point source" and constitutes a "discernible, confined and discrete conveyance" from which pollutants are being discharged (see 6 NYCRR 750-1.2 [a][67]). No permit had been issued by the Department to respondent to discharge any pollutant or contaminant to the Carlls River (see Hearing Report at 3 [Finding of Fact No. Thereafter, staff presented its case on the merits. Staff observed no erosion control features, or a catch basin between the manure pile and the Carlls River. 1. Each of the eleven areas filled is considered a separate violation. Its usually total beginners and they go out with this look of horror and they come back with this happy everlast face.. What is the significance of Iraq in the . 7. 3]; (4) a 12 ft by 12 ft pile of wood debris and cleared vegetation [Photo No. The matter was assigned to me, and I issued a notice of hearing, dated November 22, 2021, that scheduled a virtual adjudicatory hearing for 10:00 a.m. on December 17, 2021, using the webex audiovisual conference platform. ROCKY POINT PINE BARRENS STATE FOREST. A comparison of the two aerial images shows that vegetation from an area measuring 50 ft by 120 ft. was cleared between October 26, 2015, and October 29, 2016. Accordingly, the ALJ determined that respondent violated 6 NYCRR 663.4(a) with respect to the clearing of vegetation, and that the violations have been ongoing since February 28, 2017. Lessons can be for a half hour or an hour. In addition, staff relied on aerial photographs of the property, as well as characteristics of the neighboring properties as references. The first segment (Recording No. 15]. 1 at 18:18-18:39). The victim's family is now teaming up with an organization called We All Really Matter (WARM) to prevent violence against women of color. 4. Upload A Photo Add A Video. ), 16. 7]; see also 6 NYCRR 663.4[d][20] [filling, including filling for agricultural purposes, is a regulated activity requiring a permit]). In addition, the violations have continued since staff's February 28, 2017, site inspection. Brown, 295 A.D.2d 409, 410, 743 N.Y.S.2d 539; Irish v. Deep Hollow Ltd., 251 A.D.2d 293, 671 N.Y.S.2d 1024). After you do business with Babylon Riding Center Inc, please leave a review to help other people and improve hubbiz. Took my boyfriend for his birthday, GREAT experience, it was our first time on a horse and the instructor did not disappoint my horses name was goner and it was the best first experience, we will be going back - they have trail rides all year long! Expect More. [2] Whereupon, the record of the proceeding closed. 18]).. Many people say that it is impossible to learn how to feel in riding. During the first segment, Kevin A. Jennings testified. 1 at 3:00-3:17.) ), 10. Babylon Riding Center Inc, 1500 Peconic Ave - N Babylon, NY.11704-5212, 516-587-7778 Bedford Riding Lanes Assoc, 69 Stone Hill Rd - Bedford, NY. And the best part is, theres no worrying about whether or not the horses are wearing masks! No exceptions to this permit requirement apply to the site activities here. Department staff provided an affidavit of mailing by Karen Mascio, sworn to March 15, 2021. Clearcutting vegetation in the adjacent area of the freshwater wetland removes these benefits. Horse Stables Horse Rentals Horse Dealers. Development was started shortly after finishing NieR: Automata and to be an online Game as a Service. On February 28, 2017, Department staff observed that respondent had placed fill in the adjacent area of Freshwater Wetland BW-1. 6) proof of mailing the notice required by [6 NYCRR 622.15(d)], where applicable (6 NYCRR 622.15[b][1-6] [effective September 16, 2020]). Long Island is home to many equestrian trails that offer miles of endless adventures. 2023 BusinessYab.com All Rights reserved. When manure is discharged to the river, micro-organisms living in the waterway will withdraw oxygen from the water to reduce the nutrient concentration. After you do business with Babylon Riding Center Inc, please leave a review to help other people and improve hubbiz. Welcome to Babylon Riding Center, Inc.!Here at Babylon Riding Center, Inc. we buy and sell horses as well as board them. OHMS served a notice of hearing dated November 22, 2021, on BRC by first class mail. [3] During the May 1, 2018, site visit, Department staff took a set of 4 photographs identified as Exhibit 12. From horseback, riders have a view of the beach, five lakes, the hills of the Hempstead Private Country Club golf course and more. 631-348-1948. (Recording No. Horse Riding Instruction, Riding Academies & Schools, The Top 10 Beginner Horse Riding Mistakes. Reduced concentrations of dissolved oxygen in the waterway will adversely impact trout and other fish, which absorb oxygen from the water for their metabolic processes. They were able to ride the horses, groom a pony and even give the horses a bath. Hundreds of thousands of residents were left without electricity, our home included. In the March 12, 2021, notice of hearing, staff noted that ECL 71-2303 provides for a civil penalty of $11,000 for every violation of ECL article 24 and the implementing regulations. (See Exhibit 1; 6 Knoll Affidavit; Recording No. I speak from personal experience. Babylon Riding Center is located in West Babylon next to 868-acre Belmont Lake State Park. Babylon Riding Center Inc. /s/ According to Department staff, a SPDES permit would be required to control the runoff discharged from the manure pile, and staff did not issue such a permit to the Babylon Riding Center (Recording No. Also, don't forget to mention Hubbiz to Babylon Riding Center Inc. As a second aggravating factor, staff argued that BRC has shown no effort to cooperate with Department staff to resolve the violations. Babylon Riding Center Inc. Be the First to Review! Stony Brook, New York 11790. Babylon Riding Center, Inc. is registered with the New York State Department of State, Division of Corporations, as an active, domestic business corporation. Assistant Regional Attorney 14]). In addition, as discussed further below, the proof adduced at the hearing, conducted in respondent's absence, demonstrates by a preponderance of the evidence that respondent committed the violations charged in the complaint. Sentai . 1500 Peconic Ave. West Babylon, NY 11704. Whitepages helps 19 people every second do reverse phone lookups , find people and get background checks , including public records , in order to make smarter, safer decisions. Horseback riding is available through the nearby Babylon Riding Center (for information contact 631-587-7778). BABYLON RIDING CENTER Located at Belmont Lake State Park, this riding center provides a convenient location to learn a new skill and take in the beautiful scenery of the area. [4]) Therefore, BRC violated 6 NYCRR 663.4(a). Coram Equestrian Center Llc listings: Horseback Local Stables in North babylon,NY with maps, local business reviews, directions and more. Respondent did not answer the complaint, as directed in the March 12, 2021, notice of hearing served with the complaint, and respondent failed to appear for the virtual administrative enforcement hearing scheduled for December 17, 2021, as directed in the November 22, 2021, notice of hearing. These circumstances demonstrate that BRC violated ECL 17-0501 and 17-0505 by discharging substances to the waters of the State without a permit that would contravene water quality standards. The fill remains in place. Babylon Riding Center, Inc. is located at 1500 Peconic Ave, West Babylon, NY 11704, Babylon Riding Center, Inc. is open:Monday:8:30 AM 7:30 PMTuesday:8:30 AM 7:30 PMWednesday:8:30 AM 7:30 PMThursday:8:30 AM 7:30 PMFriday:8:30 AM 7:30 PMSaturday:8:30 AM 7:30 PMSunday:8:30 AM 7:30 PM. Exhibit 12D is a photograph of a trench located next to the manure pile. Respondent did not file a motion to reopen the default. (Recording No. It provides a bucolic feeling adjacent to the Southern State Parkway at exit 38 among densely developed neighborhoods. Babylon Riding Center in West Babylon, NY, can be reached at 631-587-7778 to find out more about our facility and specials. Horse Rentals Riding Academies Horse Training. 2 dated October 29, 2016. PHOTOS AND 631-924-4670. Check out the many health services offered at Babylon Riding Center, such as healthcare. C. sets forth a multi-year monitoring program with respect to the area that is restored to provide a sufficient period of time evaluate the regrowth of the plants and provide for any necessary replacement of any replantings that do not survive or otherwise need to be replaced. 1 at 37:27-38:24. If you keep traveling north, over Sunrise, you'll eventually run into a local stable called the Babylon Riding Center in West Babylon. Suffolk County. People are super knowledgeable and friendly. 1 at 12:20-13:29.) In the event that respondent fails to comply with any term or condition of this order, the entire penalty shall be immediately due and owing. All fill materials should be moved to upland areas to prevent the introduction of any pollutants into the wetlands, and downstream waterways, such as the Carlls River. 2 at 6:45-7:05; see Exhibit 12B.). 10, 11, 12, and 13]; (10) an area of fill in the form of horse manure in Freshwater Wetland BW-1 [Photo No. BRC is located at 1500 Peconic Avenue in the Town of Babylon (Suffolk County, New York) (the site), and operates an equestrian center. 6 NYCRR 663.4(a) by causing or allowing the clearing of vegetation in freshwater wetland BW-1 without a DEC permit (see 6 NYCRR 663.4[d][23]); B. As noted above, no one appeared on behalf of BRC. 18. With respect to the wetland regulations, ECL 71-2303 provides for a civil penalty of $11,000 for every violation of ECL article 24 and its implementing regulations. The manure pile remains in place. 1500 Home page . Family owned and operated for over 50 years. Staff requests that respondent restore the site by removing the fill from the wetland and the adjacent area. SUMMER CAMP! US Postal Service, Certified Mail Receipts. NOW, THEREFORE, having considered this matter and being duly advised, it is ORDERED that: I. The notice of hearing advised further that the Office of Hearings and Mediation Services (OHMS) would set a date for an administrative enforcement hearing. 3525 Sunrise Hwy. The adjacent area buffers the wetland by preventing upland activities from occurring in the wetland. 2bd. Free standard shipping with $35 orders. Whether someones never been on the back of a horse before or they are a trail riding expert, this is an activity that allows people of all experience levels to enjoy all the beauty the region has to offer. Department staff's motion for a default judgment pursuant to 6 NYCRR 622.15 is granted. USA Business Directory. During the hearing, Department staff offered an affidavit from Cristina Knoll, sworn to December 14, 2021. While working in DEC Region 1 from October 2015 to June 2019, Ms. Knoll was a Biologist 1 (Wildlife) from the Bureau of Ecosystem Health. (Recording No. A trench located next to the manure pile was collecting runoff from the manure pile (see id.). Accordingly, Department staff is entitled to judgment on the facts proven at hearing. 1 dated October 26, 2015. Address: 1500 Peconic Ave, West Babylon, NY 11704; In addition, the manure pile was not covered. (Recording No. Suffolk County. The trainer who taught the clinic told her that Cherry Wine, if trained correctly . On February 28, 2017, Department staff observed an area of the site that respondent had cleared of vegetation (see Exhibit 4; Exhibit 5, Photo No. The phone number for Babylon Riding Center, Inc. is (631) 587-7778. CLOSED NOW. During the second segment, Brian K. Lee and Christopher Spies testified. Subjects / Categories: Hands-on. 6 and 8]; (6) a berm measuring 20 ft by 27 ft [Photos Nos. Official notice (see 6 NYCRR 622.11[a][5]) taken of Daily Precipitation in 2017 at Republic Airport, and Observed Weather in 2017 at Republic Airport, as well as Daily Precipitation in 2018 at Republic Airport, and Observed Weather in 2018 at Republic Airport (Recording No. 4; Exhibit 9). We found 1 more home matching your filters just outside Babylon. 2 at 8:00-8:57). BRC operates an equestrian center at 1500 Peconic Avenue, North Babylon, New York 11703. Get Directions. BRC failed to answer the complaint. Department staff noted further that ECL 71-1929 provides for a civil penalty of $37,500 per day for each violation of ECL article 17 and implementing regulations. 2 at 8:00-8:57). 1 at 3:00-3:17.). (631) 587-7778. The photographs depict the location of the piles of manure, fill, wood debris, and topsoil in relation to the adjacent area and the boundary of Freshwater Wetland BW-1. 1; Recording No. Riders have the . Affidavit of Mailing by Karen Mascio, sworn to March 15, 2021. 1 at 5:15-5:35; Recording No. (Recording No. DEPARTMENT OF ENVIRONMENTAL CONSERVATION, In the Matter of the Violations of Articles 17 and 24 of the The ALJ determined that respondent violated 6 NYCRR 663.4(a) and that the violations have been ongoing since Department's site inspection that was conducted on February 28, 2017 (see Hearing Report at 8,9). In addition, staff seeks an order from the Commissioner directing respondent to remove the manure pile from the site because it is the source of contamination (Recording No. When we called to book trail rides with gift certificates we bought less than a year ago we were told the new owners are not honoring previous gift certificates. 5.0 2 reviews Telephone: +1 631-587-7778 Address: 1500 Peconic Ave Horseback Riding / Horse Boarding Horse Boarding in nearby cities: . This process in turn reduces the amount of dissolved oxygen available for other organisms. I granted this request. In addition, respondent should restore the cleared areas of the site by replanting those areas with native plant species. Summer camps. K9 Clubhouse Dog Hotel. ), 20. Thanks again Gina. It's always important to keep your little guy or . Respondent did not have a permit from the Department to undertake this regulated activity. 1 at 26:05-26:28. DEC Case No. 3. (See 13 Knoll Affidavit; Exhibit 5, Photo No. 14, 20], 9; Knoll Affidavit 13, 22). Finally, respondent has not cooperated with Department staff to resolve these violations. Respondent cleared vegetation from the freshwater wetland and its adjacent area (see Hearing Report at 7, 8; Knoll Affidavit 16) as corroborated by Department staff's site inspection on February 28, 2017. 4; Exhibit 9). Vincent Pizzirusso operates the Babylon Riding Center. ), 12. Aerial Photograph of Babylon Riding Center New York State Ortho Image Program Image dated: 2020. Horseback riding is available through the nearby Babylon Riding Center (for information contact 631-587-7778). 631-587-7778 | Babylon Riding Center Inc - whitepages.com We have information on 631-587-7778 , including Babylon Riding Center Inc's address and background check reports with criminal records. Staff requested restoration of the site by removing the fill from the wetland areas as well as the affected adjacent areas. The oldest working ranch in the United States, this family run business offers not only trail rides but one-of-a-kind beach rides along the Long Island Sound as well. According to staff, some violations that are the subject of this proceeding commenced in 2011 based on site visits conducted prior to February 2017. Among other things, the fill consisted of topsoil, rocks, wood debris, and discarded materials. When, as here, a respondent does not answer a complaint or fails to appear at the hearing, Department staff may move for a default judgment. 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Wouldnt it be nice to suffer less, Riding 101 with Catherine : Find Yourself A Circle of Good Horsemen, Meet the man who KNOWS how to ride and is helping me on my Journey. filed a General Torts - (Torts) case represented by Purcell, Craig Arthur against Babylon Riding Center, Inc. respresented by Moro, Kristin Nicole in the jurisdiction of Suffolk County, NY. Fill in the adjacent area changes the topography of the site and the permeability of the soils. 412 Sweet Hollow Rd., Melville, 631-616-9656,ddrfarm.com, DEEP HOLLOW RANCH Equestrian center offering both English and Western lessons, camp, boarding, pony rides. Administrative Law Judge (ALJ) Daniel O'Connell of the Department's Office of Hearings and Mediation Services was assigned to this matter and prepared the attached hearing report, which I adopt as my decision in this matter, subject to my comments below. Set of 16 Photographs of the Babylon Riding Center taken by C. Knoll on February 28, 2017. Get reviews, hours, directions, coupons and more for Babylon Riding Center Inc at 1500 Peconic Ave, West Babylon, NY. ), 3. Given the location of the manure pile with respect to the wetland and the Carlls River, runoff during storm events would move from the manure pile into the Carlls River. [4] Exhibit 10 is a set of two aerial photograph from Nearmap US, Inc. Stable/Riding Center. It had a beta test a couple of years ago and people didn't like it then either. In its complaint, Department staff set forth five causes of action, alleging that BRC: (1) Caused or allowed the clearing of vegetation in a freshwater wetland without a DEC permit and thereby violated ECL article 24 and 6 NYCRR part 663; (2) Caused or allowed the clearing of vegetation in the adjacent area of a freshwater wetland without a DEC permit and thereby violated ECL article 24 and 6 NYCRR part 663; (3) Caused or allowed the placement of fill in a freshwater wetland without a DEC permit and thereby violated ECL article 24 and 6 NYCRR part 663; (4) Caused or allowed the placement of fill in the adjacent area of a freshwater wetland without a DEC permit and thereby violated ECL article 24 and 6 NYCRR part 663; and, (5) Caused the discharge of contaminated wastewater into a freshwater river (Carlls River), and thereby violated ECL 17-0501, 17-0505, 17-0701, 17-0803 and 6 NYCRR 750-1.4(a).[1]. Classes. IV. 1500 Peconic Ave., West Babylon, 631-587-7778,babylonridingcenterny.com, BETHPAGE EQUESTRIAN CENTER L.I.'s Horse Haven. The ALJ denied that request but advised that respondent may move to reopen the default prior to my final determination. (Recording No. In addition, the Carlls River is designated as a Class C trout stream (see id at 5 [Finding of Fact No. Two separate penalty provisions are applicable here. He was at the site during staff's May 1, 2018, inspection. The record developed on December 17, 2021, establishes the following. Report Closed. BusinessYab cannot be held responsible or liable for the accuracy, correctness, usefulness or reliability of the data. PET FRIENDLY. Department staff, in its complaint, requested an order: (1) Finding respondent in violation of ECL articles 17 and 24, and 6 NYCRR parts 663 and 750; (2) Enjoining respondent from any further actions causing the violations to continue; (3) Requiring respondent to submit an approvable restoration plan to the Department within thirty (30) days; (4) Directing respondent to pay a monetary civil penalty "to the fullest extent allowed by statute"; and, (5) For such other relief as I may deem "just, proper, and appropriate.". (See Exhibit 14; Recording No. ), Subsequently, Department staff asked OHMS to convene the hearing. ECL 17-0701 and 17-0803, as well as 6 NYCRR 750-1.4(a) prohibit any person from discharging pollutants to the waters of the State without first obtaining a State Pollutant Discharge Elimination System (SPDES) permit pursuant to ECL article 17, titles 7 or 8, and 6 NYCRR part 750. Start your search by typing in the business name below. Staff did correct any such omissions at the hearing. 8. 10576-1424, 914-234-6585 Set of 2 Aerial Photographs of Babylon Riding Center Key 1 and Key 2 showing the compass direction of the photographs presented in Exhibit 5. Respondent did not have a permit from the Department to undertake this regulated activity. 358 Little East Neck Rd West Babylon, NY 11704. Accordingly, I conclude that staff's request for a total civil penalty in the amount of $191,500 is consistent with the applicable provisions of ECL article 71, and the Department's penalty policies. 1, 2, 3, 4, 6, 7, 8, 9 and 13; Exhibit 9.) We offer horseback riding, trail riding, and riding classes. 1). This page is available in other languages, Office of Hearings and Mediation Services. Respondent did not have a permit from the Department to undertake this regulated activity. The bases for the allegations are staff's observations during site visits conducted on February 28, 2017, May 1, 2018, in July 2019, October 2020, March 2021, and on November 17, 2021, as well as the photographs taken during some of these site visits. 1 at 26:30-28:15; see 20 and 21 Knoll Affidavit.) The 16 photographs taken by Department staff during the February 28, 2017, inspection are collectively identified as Exhibit 5. 1 at 22:18-25:01.). Write Review. Babylon Riding Center Inc on Peconic Ave in West Babylon, NY Babylon Riding Center Inc - West Babylon NY 11704 |, Babylon Riding Center Inc in West Babylon, NY | Whitepages, Babylon Riding Center Inc in West Babylon, NY - Superpages, Horseback Riding in Long Island NY - 2findlocal.com. Notably, the defendant's witness, Vincent Pizzirusso, whose family owned the stable, testified at his deposition that, whenever a beginner was riding in the rear, one of the trail . Gina answered all my questions. Horseback riding is available through the nearby Babylon Riding Center (for information contact 631-587-7778). Riding facility located in West Babylon New York. ECL 17-0501 and 17-0505). As set forth in the hearing report, respondent failed to file an answer to the complaint served by Department staff in this matter and failed to appear for the adjudicatory hearing that was held on December 17, 2021 (see Hearing Report at 3 [Finding of Fact No. 03/09/2023. Children with no prior riding experience are required to take one lesson before being sent out on the trail. Portions of Freshwater Wetland BW-1 and its regulated adjacent area are located on the site of the Babylon Riding Center. Respondent is to complete the remedial action within sixty (60) days of the service of this order upon it. BRC did not answer the complaint, and failed to appear for the administrative enforcement hearing held on December 17, 2021, as directed in the November 22, 2021, notice of hearing (Recording No. Further justifying the civil penalty is the environmental sensitivity of the area that has been impacted. In addition to riding lessons, we also offer guided instructional trail rides though the beautiful Belmont Lake State Park, to a wide variety of services including a clean and . The second depicts the site on October 29, 2016, about one year later. View contact info, business hours, full address for Babylon Riding Center Inc in West Babylon, NY 631-587-7778. The address for service of process is 1191 Connetquot Avenue, Central Islip, New York 11702. STATE OF NEW YORK YEARS IN BUSINESS. Consequently, the violation is ongoing since Department staff's inspection on February 28, 2017. Because of the cost of remediation that respondent is being directed to undertake and in consideration of the Department's policy regarding wetland restoration, as well as the need to address the water quality violations, I have determined to suspend one hundred twenty-five thousand dollars ($125,000) of the civil penalty of one hundred ninety-one thousand five hundred dollars ($191,500), contingent upon respondent's implementation of the required remedial action plan to Department staff's satisfaction and compliance with all other terms and conditions of this order. During the review of a permit application, a proposed reduction of benefits would be acceptable only in the most unusual circumstances. 0 (631) 667-0870. Set of 2 Aerial Photographs of Babylon Riding Center NearMap US, Inc. Photo No. Training, Boarding, Lessons . Department staff went to the site on May 1, 2018, and observed a large pile of horse manure and bedding on the site within the boundary of Freshwater Wetland BW-1, and adjacent to the Carlls River. Walk or trot along in either an English or Western saddle here. For the New York State Department Sign up to gain access to mobile numbers, public records, and more. According to Department staff, Mr. Pizzirusso said that he would use a front-end loader to scoop up the leachate collected in the trench depicted in Exhibit 12D, and then dump the contents of the front-end loader into the Carlls River. Stables Garden Center Inc. 0 (631) 667-5122. 14]; and (11) a 15 ft by 30 ft rock pile [Photo No. New footing in all arenas and brand new paddocks! Well you just lost my business and we are avid riders! To support this request staff noted that the receiving waterbody is the Carlls River, a Class C trout stream, and that the violation has continued since May 1, 2018. Walk-ins are accepted, but a reservation is recommended to avoid a long wait. Go Explore! 1992-07-06 - 2019-12-05 Addition of officer NUNZIO JOHN PIZZIRUSSO, chief executive officer. Placing fill in a freshwater wetland is a regulated activity (see 6 NYCRR 663.4[d][20]).