What our organization offers: Birthday parties. NY 345 . Consequently, the violation is ongoing since Department staff's inspection on February 28, 2017. 15]. 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. Horseback riding is available through the nearby Babylon Riding Center (for information contact 631-587-7778). 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. Because BRC neither answered the complaint nor appeared at the December 17, 2021, administrative enforcement hearing, Department staff moved orally for a default judgment. 631-587-7778. Daniel P. O'Connell The cleared area measured 50 ft by 120 ft, and a portion of it was located in the adjacent area of Freshwater Wetland BW-1. 15], 10). 03/09/2023. and Parts 663 and 750 of Title 6 of the Official Compilation No exceptions to this permit requirement apply to the site activities here. As the ALJ notes, all persons seeking to undertake regulated activities on wetlands or their adjacent areas and for which those activities are not expressly exempted must obtain a permit or a letter of permission from the Department (see 6 NYCRR 663.4[a]). All proffered exhibits were received into the hearing record (Recording No. Respondent Babylon Riding Center, Inc., within thirty (30) days of the service of this order upon it, is directed to submit an approvable remedial action plan to the Department that: A. details the manner in which the fill that respondent placed in regulated freshwater wetland BW-1 and its adjacent area and the manure pile that it has created in the vicinity of the Carlls River will be removed and the location or locations to which the material will be relocated; B. provides information on respondent's restoration of the cleared areas of the site by the replanting of those areas with native plant species and the schedule for the replanting; and. Horseback Riding. 8. Keep your pet happy and entertained all day with some new supplies, such as carriers, from here. Its usually total beginners and they go out with this look of horror and they come back with this happy everlast face.. 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. 17. Browse Chevrolet Malibu vehicles in Babylon, NY for sale on Cars.com, with prices under $99,998. 499 Winding Rd., Old Bethpage, 516-845-1000,bethpageequestriancenter.com, BIG RIVER BARN RESCUE, INC. In addition, the Commissioner should direct respondent to remove the manure pile from the site to prevent the discharge of substances to the Carlls River that would contravene water quality standards. 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. It's always important to keep your little guy or . Respondent's allowing the runoff from the manure pile also does not comport with legal requirements. Consequently, the violation is ongoing since Department staff's inspection on February 28, 2017. During the review of a permit application, a proposed reduction of benefits would be acceptable only in the most unusual circumstances. 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. In addition, water quality must be suitable for primary and secondary contact recreation (see 6 NYCRR 701.8). In addition, the Carlls River is designated as a Class C trout stream (see id at 5 [Finding of Fact No. Located adjacent to the Muttontown Preserve, this equestrian center provides trail rides along miles of scenic paths. When skeptics tell us the horse is doing all the work, we just smile because we know better. They were great! 179 Bellport Ave, Medford, NY, 11763. (Recording No. 8 Old Montauk Hwy., Montauk, 631-668-2744,deephollowranch.com, NASSAU EQUESTRIAN CENTER During the presentation, staff offered 14 exhibits through the witnesses' testimony. DEC Case No. He did not assume the risk of an unsupervised ride. N. Babylon horse farm shines in the snow. Consequently, the violations are ongoing since Department staff's inspection on February 28, 2017. Stables and barns should be safe for all who enter them. A happy pet is a healthy pet! Among other things, the March 12, 2021, notice advised that BRC's failure either to answer the complaint or to attend the hearing would result in a default and waiver of its right to a hearing (see Exhibit 14, see also 6 NYCRR 622.4[a] and 622.15[a]). We are Babylon's premier horseback riding establishment! This page is available in other languages, Office of Hearings and Mediation Services. II. They say either you have it, or you dont. (Recording No. The adjacent area buffers the wetland by preventing upland activities from occurring in the wetland. A trench located next to the manure pile was collecting runoff from the manure pile (see id.). [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). Babylon Riding Center, Inc. is registered with the New York State Department of State, Division of Corporations, as an active, domestic business corporation. 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. This case was filed in Suffolk County Superior Courts, with Stephen Hackeling presiding. With respect to the unpermitted wastewater discharge, ECL 71-1929 provides that a person who violates any of the provisions of titles 1 through 11 inclusive of article 17 (which includes the statutory provisions at issue here) and its implementing regulations, is liable for a penalty of not to exceed thirty-seven thousand five hundred dollars per day for each violation. 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. 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. E. ECL 17-0505, 17-0701(1), 17-0803, 17-0501 and 6 NYCRR 750-1.4(a) by causing the discharge of contaminated material and wastewater into the Carlls River. 7. 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. 2 at 13:21-13:55, 15:40- 15:57.). Subsequent site visits by Department staff show that the area remains cleared. The record demonstrates that respondent had not been authorized by the Department to place fill in the wetland or its adjacent area (see Hearing Report at 3 [Finding of Fact No. Affidavit of Mailing by Karen Mascio, sworn to March 15, 2021. [Finding of Fact No. Respondent did not file a motion to reopen the default. Clearcutting vegetation in the adjacent area of the freshwater wetland removes these benefits. Babylon. Portions of New York State freshwater wetland BW-1 and its adjacent area are part of the site (see Hearing Report at 3 [Finding of Fact No. Located in Connetquot State Park, this equestrian center provides hour-long trail rides along the scenic Connetquot River State Park Preserve from sunrise to sunset. A representative for BRC did not appear at the December 17, 2021, hearing (Recording No. 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. Pursuant to 6 NYCRR 663.4(a), all persons seeking to undertake activities on wetlands or their adjacent areas, which are not expressly exempted (see ECL 24-0701, and 6 NYCRR 663.3, and 663.4[d]), must obtain either a permit or a letter of permission from the Department . From horseback, riders have a view of the beach, five lakes, the hills of the Hempstead Private Country Club golf course and more. Two horses approach as their trainer encourages them with a flake of hay at the Babylon Riding Center. Staff observed no erosion control features, or a catch basin between the manure pile and the Carlls River. [4]) Therefore, BRC violated 6 NYCRR 663.4(a). [3] On February 28, 2017, Department staff observed the manure pile at this location on the site. Upon good cause shown by respondent, Department staff at its sole discretion may extend the submission date of the plan or the date by which the remedial action shall be completed. Entity Information from the New York State Department of State, Division of Corporations for Babylon Riding Center, Inc. Affidavit of Christina A. Knoll, sworn to December 14, 2021. IV. Respondent did not have a permit from the Department to undertake this regulated activity. To ensure that the removal of the fill and the manure pile are conducted in an environmentally safe and proper manner, I hereby direct respondent, within thirty (30) days of the service of this order upon it to submit an approvable[3] plan to Department staff that addresses the removal activities to be taken and for the planting of native plant species in the cleared areas. Such a motion must contain: 1) proof of service upon respondent of the notice of hearing and complaint or such other document which commenced the proceeding; 2) proof of respondent's failure to appear or failure to file a timely answer; 3) consistent with CPLR 3215(f), proof of the facts sufficient to support the violations alleged and enable the ALJ and commissioner to determine that staff has a viable claim; 4) a concise statement of the relief requested; 5) a statement of authority and support for any penalty or relief requested; and. The activities undertaken in and adjacent to Freshwater Wetland BW-1 provided respondent with an economic benefit by expanding the working area of the equestrian center. STATE OF NEW YORK The area remains cleared. Also, fill will result in the loss of wildlife habitat. Portions of the site are located in and adjacent to New York State freshwater wetland BW-1 and its regulated adjacent area. 358 Little East Neck Rd West Babylon, NY 11704. ), 2. At the hearing, Department staff moved orally for a default judgment and then presented its case on the merits (see Hearing Report at 1-2, 6-7).[2]. Exhibit 12D is a photograph of a trench located next to the manure pile. Many people say that it is impossible to learn how to feel in riding. West Babylon, ), 3. PET FRIENDLY. 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]). 1; 1-27 of 27 Results. Water and leachate from the manure pile collects in the trench. Staff inspected the site on numerous occasions and observed that conditions have not improved. The facility is very clean and I recommend anyone interested in checking it out you wont be disappointed! It had a beta test a couple of years ago and people didn't like it then either. DEPARTMENT OF ENVIRONMENTAL CONSERVATION, In the Matter of the Violations of Articles 17 and 24 of the