Public Notices
The Office of Planning and Development is required by state and federal regulations to issue public notices on various activities. See the listing below for more information on the program activities which require public notices.

Consistency Review

The Division of Development reviews the activities of federal agencies which may affect land and water uses and natural resources of New York State's federally defined coastal zone for consistency with the Coastal Management Program and approved Local Waterfront Revitalization Programs. These notices are issued during the course of the Division's review of proposed federal activities. They are issued weekly.

 


Local Waterfront Revitalization Programs

Prior to approval by the Secretary of State, the Division of Planning issues a 60-day public notice on a community's draft Local Waterfront Revitalization Program. In addition to seeking public comments, this notice indicates that the draft local program has been submitted to the Office for Coastal Management in the U.S. Department of Commerce for review and approval as a change to the State's Coastal Management Program. These notices are issued periodically.

There are no public notices at this time.


Coastal Management Program Amendments or Routine Changes

The Office of Planning and Development may periodically propose amendments or changes to the State's Coastal Management Program. Public notice will be issued by the Office indicating that a proposed amendment or routine change has been submitted to the Office for Coastal Management of the U.S. Department of Commerce for review and approval and, if necessary, indicate that a public hearing will be held. This notice may be issued for incorporating state designated significant coastal fish and wildlife habitats or scenic areas of statewide significance into the program, modifying the coastal zone boundary, changing the program's coastal policies or their enforceable laws and regulations, or other program revisions. A notice will also be issued by the Office indicating that an amendment or routine change has been approved by the U.S. Department of Commerce and stating the effective date of the amendment or change.

Public Notice - Notice of Routine Program Change for New York City LWRP Amendment



Consistency Review


New York State Department of State
Public Notice - F-2016-0244
Date of Issuance – August 10, 2016

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program. The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2016-0244, New York State Marine Highway Transportation Co., is proposing to install a new commercial mooring point in Jamaica Bay. The purpose of the proposed is to facilitate shuttling of barges transporting crushed granite (approximately 1500 tons per barge). The mooring point will consist of a single 58 inch diameter steel mooring buoy, a 10,000 lbs navy stockless anchor, and associated hardware. Each barge would measure 195 feet by 35 feet. The proposed is located in Jamaica Bay, City of New York, Kings County.

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or, August 25, 2016.     

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made by email at: CR@dos.ny.gov.

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

 

New York State Department of State
Public Notice - F-2016-0253
Date of Issuance – August 10, 2016

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program. The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2016-0253, Edward Brady, is requesting an after the fact authorization to retain seasonal installation of 280 feet of floating docks in the Hudson River between mid-April and late October. The floating dock facility will consist of twenty four 20’ L x 6’ W docks (in a U shape), one 16’ L x 10’ W deck, and 11 concrete anchors. The proposed is located in the Hudson River, Village of Athens, Greene County.

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or, August 25, 2016.     

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made by email at: CR@dos.ny.gov.

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

 

New York State Department of State
Public Notice - F-2016-0273
Date of Issuance – August 10, 2016

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program. The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2016-0273, Rochelle Vella, is proposing to reface 125 ft of seawall with concrete; reconstruct an over water deck and an 18.5 sq ft concrete footing; reconstruct an over water deck with a new crib; reconstruct an over water deck and its 10’x10’ crib; reconstruct a fixed pier; and install additional 6’x25’ floating dock and four 5’x12’ floating docks. The proposed is located in the Hudson River, City of Piermont, Rockland County.

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or, August 25, 2016.     

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made by email at: CR@dos.ny.gov.

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

 

New York State Department of State
Public Notice - F-2016-0638 (DA)
Date of Issuance – August 10, 2016

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended. The United States Environmental Protection Agency (EPA) has determined that the proposed activity will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the New York State Coastal Management Program.

 

            The applicant's consistency determination and accompanying supporting information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue in Albany, New York. You can also download a copy at:

 

www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2016-0638(DA)ConsistencyDetermination.pdf

 

            On Wednesday, July 20, 2016, the EPA submitted a consistency determination for the Proposed Designation of an Eastern Long Island Sound Dredged Material Disposal Site (to be named the ELDS). The EPA has published a proposed rulemaking for this action, as well as published a Draft Supplemental Environmental Impact Statement (DSEIS), which is a supplement to the Central and Western LIS designation EIS. Please utilize the following link for all relevant EPA information pertaining to this proposed action:

 

www.epa.gov/ocean-dumping/dredged-material-management-long-island-sound

 

            DOS will be accepting comments on the EPA’s consistency determination for the proposed open-water disposal site designation in eastern Long Island Sound. Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or by Friday, September 9, 2016.

 

            Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Avenue, Suite, 1010, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 474-6572. Electronic submissions can be made by email at: CR@dos.ny.gov. Please reference File No. F-2016-0638 (DA) in your submission.

 

            This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

 

New York State Department of State
Public Notice - F-2016-0639
Date of Issuance – August 10, 2016

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program.  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2016-0639, the Brewer Deep River Marina, 50 River Lane, Deep River, Connecticut River, Middlesex County, CT; The applicant is proposing to perform maintenance dredging of the existing Marina and access channel to remove approximately 11,000 cy of material, with subsequent confined open-water disposal of the dredged material at the Central Long Island Sound Disposal Site (CLIS/CLDS). The volume of cap material required is not available at this time.

The applicant’s consistency certification and supporting information are available at: www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2016-0639BrewerDeepRiverMarinaConsistencyCert.pdf

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, by September 9, 2016                      

Comments should be addressed to the New York State Department of State, ATTN: Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Comments can also be submitted electronically via e-mail at: CR@dos.ny.gov. Please reference file no. F-2016-0639 in your submission.

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

New York State Department of State
Public Notice - F-2016-0287
Date of Issuance – August 24, 2016

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program (NYS CMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2016-0287, or “Block 7580, Lot 80, Page Avenue, Staten Island, NY”,  the applicant, Lot 80, LLC, is proposing to construct a commercial development consisting of two free standing one story buildings, three connected one and two story buildings and associated parking areas.  The site, located along Page Avenue between Richmond Valley Road and South Bridge Street, is presently undeveloped and contains federal jurisdictional wetlands.  The lot adjoins another undeveloped lot containing federal and state regulated wetlands.  Project drawings depict future development planned for the adjoining lands as well. 

The proposed activities would be undertaken within the coastal management boundary of the New York City Waterfront Revitalization Program (WRP) and therefore all activities must be consistent with the policies of this Program as well as with the policies of the NYS CMP.  Pursuant to the WRP, the project area is located within a Recognized Ecological Complex (REC), “Outerbridge Ponds and Woodlands.  An REC is defined as an area containing valuable natural and ecological resources which may be otherwise fragmented or interspersed with development.  Such a designation results from their suitability and priority for consideration as restoration sites or for acquisition.   These areas are identified also as a regional priority conservation area for Staten Island within the New York State Open Space Plan (2009).  Reference is made to properties comprising Staten Island Wet Woods, described as “Moist hardwood forest in southern Staten Island that form an intermediate community between maritime shrub forest and forested uplands.  These properties contain ponds, streams, and wetlands.”  They include “Outerbridge Ponds … These 14 acres of pine-oak barrens and sedge ponds represent ecosystems rare in New York City.” 

In addition to ecosystem concerns, the functional hydrologic and flood storage values of the existing wetlands complex within the local watershed is an important consideration in siting any development.  The current proposal, which is for Lot 80 alone, would significantly change the dominant land cover, introducing impervious surfaces for buildings and parking, and would fill wetland area.  Mitigation for wetland loss, in the form of the removal of invasive Phragmites australis, is proposed in the southern corner of the property.

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or September 23, 2016.  Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.  Electronic submissions can be made by email at: CR@dos.ny.gov.

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

 

New York State Department of State
Public Notice - F-2016-0303
Date of Issuance – August 24, 2016

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program (NYS CMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2016-0303, or “Canal Properties, LLC”, the applicant “R-Squared Development, LLC” or Gregg Rechler, member of each aforementioned entity, is proposing to modify an existing boat basin.  The project would include reconfiguration of existing piles to allow construction of additional boat slips which would accommodate twenty (20) more vessels.  No other changes to the marina basin are proposed at this time.  The site is located on the eastern side of the Shinnecock Canal +/- 50 feet north of an elevated road along the Montauk Highway (County Route 80) and immediately south of a Long Island Railroad (LIRR) bridge. According to the information received by the Department of State, the proposed actions do not appear to constitute an increase in the footprint of the existing basin nor an expansion of the marina facility. 

Other shoreline activities proposed, which may or may not be authorized under U.S. Army Corps of Engineers nationwide permits, include replacement of an existing rubble mound revetment located along the southern section of the property.  The new revetment would be +/- 330 feet in length, requiring the placement of +/- 600 cubic yards of 1-2 ton stone and +/- 220 cubic yards of 3-6 inch stone below the spring high water (SHW) mark.  Approximately 1,440 cubic yards of the existing slope located below SHW is proposed to be removed for installation of the revetment.  A 30 linear foot aluminum gangway is proposed to be replaced with the existing gangway which leads to an existing floating dock that is to remain.  Additionally, an upland scour area landward of the revetment is proposed to be filled with clean material from an approved upland source, +/- 35 cubic yards of which will be placed below SHW. 

The proposed activities support a larger development proposal which would develop the upland property with 37 residential units and associated drainage and landscaping.  A “drainage reserve area” is proposed to be located adjacent to the shoreline.  The applicant states that the project would reduce impervious surfaces to +/- 1,814 square feet within the NYS DEC jurisdictional tidal wetland adjacent area.  Cut and fill proposed for the development activities include removal of 136 cubic yards of material and placement of 177 cubic yards, with a net increase of 41 CY of fill within the tidal wetland adjacent area.

Additional project elements include a proposed +/- 890 square feet public deck; +/- 200 square feet timber ramp; +/- 95 square feet timber stairs; +/-30 linear feet aluminum gangway on the south side of the property; and +/- 510 square feet of open grate deck and associated stairs down the bluff are proposed on the north side of the property; selective removal of invasive species and re-vegetation with native species; and installation of coir mats as needed to stabilize slope areas for restoration.

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or September 23, 2016.  Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.  Electronic submissions can be made by email at: CR@dos.ny.gov.

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

 

 

 


Local Waterfront Revitalization Program


 


Coastal Management Program


 

PUBLIC NOTICE

New York State Department of State

Notice of Routine Program Change

New York City

Local Waterfront Revitalization Program Amendment

PURSUANT to 15 CFR 923.84(b), the New York State Department of State (DOS) has submitted a routine program change to the federal Office for Coastal Management (OCM). The change to the New York State Coastal Management Program (CMP) covered by this request is the incorporation of an amendment to the New York City Local Waterfront Revitalization Program into the State's CMP.

A major component of the State's CMP is the provision that local governments be allowed to prepare and amend Local Waterfront Revitalization Programs (LWRP), which further detail and make geographically specific the State's coastal policies. Each LWRP is approved if it demonstrates consistency with the State's CMP and the provisions of the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act, or Article 42 of the NYS Executive Law.

The New York City LWRP amendment serves as a long-term coastal management program for the City’s waterfront resources along the New York Harbor, the Hudson, Bronx, Harlem and East Rivers, the Arthur Kill and Kill Van Kull and all their many tributaries, and the Atlantic Ocean.

This LWRP amendment was prepared in partnership with the New York State Department of State, and serves as an update to the New York City LWRP amendment approved in 2002. This LWRP amendment incorporates and advances the goals of Vision 2020: New York City Comprehensive Waterfront Plan, to encourage the development of maritime industry while ensuring the protection of the environment; promote recreation, both at the shoreline and in the water; provide design principles that consider the effects of climate change and sea level rise; and, foster the preservation and restoration of ecologically significant sites.

Also known as the New Waterfront Revitalization Program (WRP), the New York City LWRP amendment includes a new introduction and a thoroughly revised Part I that contains: a comprehensive program description explaining the regulatory and planning context of the program; a description of the proposed Coastal Zone boundary including modifications based on the interim floodplain and flood hazard areas estimated by FEMA following Superstorm Sandy; a thorough description of the applicable standards and processes for the review of local, State, and federal activities for consistency with the program; and, a discussion of local regulations that are related to the implementation of the program. Part II of the WRP presents modifications to the policies of the approved program. Part III of the WRP includes revised sectional maps delineating the boundaries of New York City's Coastal Zone, as well as maps of the special areas described in the program. And, the appendices of the WRP contain: a descriptive list of State actions and programs which should be undertaken in a manner consistent with the program; a list of federal activities affecting land and water uses and natural resources in the coastal zone of New York State; a list of State and federal agency actions that are necessary for further implementation of this program; local and State regulations related to the implementation of the WRP; and, guidelines for notification and review of State and federal agency actions.

The draft LWRP amendment was circulated by the New York State Department of State to potentially affected State, federal, and regional agencies during a 60-day review period from December 17, 2014 to February 20, 2015. Following this review period, the Department of State coordinated responses to comments received with New York City, and revised the draft LWRP where necessary. The New York City Council approved the amendment to the LWRP on October 30, 2013. The New York City LWRP amendment was approved by the New York State Secretary of State on February 3, 2016, pursuant to the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act (NYS Executive Law, Article 42).

The amended New York City Local Waterfront Revitalization Program is available online, at http://www.dos.ny.gov/opd/programs/WFRevitalization/LWRP_status.html

Any comments on whether or not the action constitutes a routine program change to the State’s approved Coastal Management Program should be submitted by March 18, 2016 to: Joelle Gore, Office for Coastal Management, National Oceanic and Atmospheric Administration, 1305 East-West Highway, Silver Spring, MD 20910

Further information on this routine program change may be obtained from: Renee Parsons, Office of Planning and Development, NYS Department of State, 99 Washington Ave., Suite 1010, Albany, NY 12231-0001; telephone 518-473-2461.