Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
It is well settled that in a proceeding pursuant to CPLR article 78, the factual determinations of the Commissioner of the New York State Department of Environmental Conservation (hereinafter the Commissioner) must be upheld if they are supported by substantial evidence (see Matter of Pell v Board of Educ.,
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