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. Consequently, the violations are ongoing since February 28, 2017. BRC is a domestic business corporation, and actively registered with the New York State Department of State, Division of Corporations (see Exhibit 1). They were able to ride the horses, groom a pony and even give the horses a bath. 62 Route 106, Jericho, 516-342-1771,nassauequestriancenter.com, NATIVITY RIDING ACADEMY Babylon Riding Center, Inc. is registered with the New York State Department of State, Division of Corporations, as an active, domestic business corporation. NOW, THEREFORE, having considered this matter and being duly advised, it is ORDERED that: I. Water and leachate from the manure pile collects in the trench. Horseback riding. I have taken into consideration the importance of addressing the removal of the environmental harm arising from respondent's activities that impacts the State's water resources in a Class I wetland and a Class C trout stream, and the need for respondent to promptly undertake environmental remediation at the site. 1864 Muttontown Rd., Syosset, 516-650-0016,bigriverbarn.com, DDR FARM Read the blog post to learn how you can safely light your horse's stable: We all know riding is a physical challenge. 18]).. The phone number for Babylon Riding Center, Inc. is (631) 587-7778. [5] The fill remains in place. 2) is 27:06 minutes. 8. The US Postal Service provided Department staff with signed copies of the domestic return receipts (i.e., green cards). Check out the many health services offered at Babylon Riding Center, such as healthcare. 1. Aerial Photograph of Babylon Riding Center New York State Ortho Image Program Image dated: 2020. Staff is required to support its motion for a default judgment with enough facts to enable the ALJ and the Commissioner to determine that staff has a viable claim (see Matter of Samber Holding Corp., Order of the Commissioner, March 12, 2018, at 1 [citing Woodson v Mendon Leasing Corp., 100 NY2d 62, 70-71 (2003)]; see also 6 NYCRR 622.15[b][3], CPLR 3215[f]). Fill encourages the growth of upland vegetation rather than wetland vegetation in the filled area. Experience a beautiful coastline in the most extraordinary way. 9, 10, 11, 12; Exhibit 9). 1 at 4:49-5:04.). (Recording at 29:58-36:30; see 13, 14, 15, 17, 18, 19 and 20 Knoll Affidavit.) 3]; (4) a 12 ft by 12 ft pile of wood debris and cleared vegetation [Photo No. We offer riding lessons for people of all ages, beginner or advanced. By failing to answer or appear in this proceeding, respondent Babylon Riding Center, Inc. waived its right to be heard at the hearing. 16]). 17 Mulholland Dr, North Babylon, NY 11703, 308 W 10th St, Deer Park, NY 11729, United States, 6327, 513 Venetian Blvd, Lindenhurst, NY 11757, Reach Us | West Babylon, NY | Babylon Riding Center. Staff noted two aggravating factors that supported its penalty request: (a) the continuous nature of the violations and their duration; and (b) respondent's lack of cooperation as to resolving the violations. The trainer who taught the clinic told her that Cherry Wine, if trained correctly . 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. Find out more about those many benefits At first, horse riding is just like any other skill you want to learn. Nearby Rentals. Dorothy A. Leonard has elected to purchase the facility from Suffolk County, and ensure the facility must always exist for the sole purpose of functioning as a horse facility so as to continu I started kinda, Horse Riding Instruction in West Babylon, NY, Horse Riding Instruction in Manorville, NY, Horse Riding Instruction in South Salem, NY, Horse Riding Instruction in West Nyack, NY, Horse Riding Instruction in Scarsdale, NY. Is George Santos the biggest liar ever elected to Congress? Class I wetlands provide the most critical of the State's wetland benefits. 2]; (3) a 14 ft by 8 ft pile of fill [Photo No. 4; Exhibit 9). 1 at 18:18-18:39). Therefore, BRC violated 6 NYCRR 663.4(a). 2 at 9:20-9:46. 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. Horseback riding is available through the nearby Babylon Riding Center (for information contact 631-587-7778). SUMMER CAMP! At that time, it measured about 55 ft. by 53 ft. (see Exhibit 4; Exhibit 5, Photo No. The victim's family is now teaming up with an organization called We All Really Matter (WARM) to prevent violence against women of color. Upon good cause shown by respondent, Department staff at its sole discretion may extend (a) the submission date of the plan or (b) the date by which the remedial action plan shall be completed. 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. A respondent's failure to file a timely answer "constitutes a default and a waiver of respondent's right to a hearing" (6 NYCRR 622.15[a]). 10, 11, 12, and 13]; (10) an area of fill in the form of horse manure in Freshwater Wetland BW-1 [Photo No. Pay Less. ECL 17-0501 and 17-0505). 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. 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. In addition, "[p]ollutant" is defined to include "solid waste" and "sewage" (see 6 NYCRR 750-1.2[a][68]; see also 6 NYCRR 750-1.2[a][80] [definition of sewage]). 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. Coram Equestrian Center Llc. 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]). Among other things, the fill consisted of topsoil, rocks, wood debris, and discarded materials. Generally, the discharge of substances that may contravene water quality standards is prohibited without first obtaining a SPDES permit from the Department (see e.g. 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. 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. Set of 2 Aerial Photographs of Babylon Riding Center NearMap US, Inc. Photo No. Each of the eleven areas filled is considered a separate violation. 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. Consequently, the violation is ongoing since Department staff's inspection on February 28, 2017. Staff explained there is one count associated with clearing the wetland, clearing the adjacent area, and filling the wetland. Sutton Landing at Deer Park, Deer Park, NY 11729. 14]; and (11) a 15 ft by 30 ft rock pile [Photo No. Staff requested a total civil penalty of one hundred ninety-one thousand five hundred dollars ($191,500): $154,000 for the wetland violations and $37,500 for the wastewater discharge violations (see Hearing Report at 10). [4] Exhibit 10 is a set of two aerial photograph from Nearmap US, Inc. This state forest is home to five horseback riding trails that make up almost 20 miles of bridle paths in addition to trails for mountain biking, hiking, and . They set up 3 stations for the girls. If you keep traveling north, over Sunrise, you'll eventually run into a local stable called the Babylon Riding Center in West Babylon. 48 Woodlot Rd., Ridge, 631-504-0085,nativity-riding-academy.com, NEW YORK EQUESTRIAN CENTER US Geological Survey Quadrangle - Bay Shore West Freshwater Wetlands Map for Suffolk County Map 34 of 39 Freshwater Wetland BW-1. 1/2 hour Semi $55 1 hour Semi $65. 358 Little East Neck Rd West Babylon, NY 11704. (See 6 NYCRR 622.11[a][5]; Recording No. Department staff's motion for a default judgment pursuant to 6 NYCRR 622.15 is granted. Two separate penalty provisions are applicable here. Assistant Regional Attorney
Family owned and operated for over 50 years. [3] During the May 1, 2018, site visit, Department staff took a set of 4 photographs identified as Exhibit 12. 15:08- 18:15; see Exhibit 9. 2 at 6:45-7:05; see Exhibit 12B.). SUNY @ Stony Brook
As noted above, no one appeared on behalf of BRC. They were great! NY Therefore, BRC violated 6 NYCRR 663.4(a). The administrative enforcement hearing convened as scheduled at 10:00 a.m. on December 17, 2021. ), 3. Babylon Riding Center is located in West Babylon next to 868-acre Belmont Lake State Park. For the rider and viewers convenient our indoor arena is located under the same roof as our office and barn, so no need to face the unpleasant . DEC Case No. 1 at 37:27-38:24. The March 12, 2021, notice of hearing and complaint provide a concise statement of the relief requested. Find all the information for Babylon Riding Center Inc on MerchantCircle. IV. 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. (Recording No. On February 28, 2017, Department staff observed that respondent had placed fill in the adjacent area of Freshwater Wetland BW-1. Consequently, the violation is ongoing since February 28, 2017. 1; 1-27 of 27 Results. Based upon the record before me, including the lack of any SPDES permit and the activities conducted at the site, I conclude that respondent is in violation of ECL 17-0701(1), 17-0803, 17-0501, 17-0505, and 6 NYCRR 750-1.4(a). Water and leachate from the manure pile collects in the trench. 10 Different Types of Horse Riding Saddles. During the first segment, Kevin A. Jennings testified. For these two mailings, Department staff relied on the information on file with the New York State Department of State, Division of Corporations. Last week, Michigan was hit by a monstrous ice storm. PET FRIENDLY. 631-348-1948. 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. Based on the record before me, the civil penalty that staff has requested and the ALJ has recommended is authorized and appropriate. With a cover letter from Kari Wilkinson, Esq., Assistant Regional Attorney, dated December 15, 2021, Department staff sent BRC and me, by regular mail, with copies of the exhibits that staff expected to offer at the administrative enforcement hearing. 1 at 18:15-19:57; 21:37-22:15; see also 16 Knoll Affidavit; Exhibit 10. and Parts 663 and 750 of Title 6 of the Official Compilation
Write Review. 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. 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. He did not assume the risk of an unsupervised ride.