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.
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 of Ocean and Coastal Resource 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..
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 of Ocean and Coastal Resource 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.
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 Army Corps of Engineers (Corps) has determined that the proposed activity complies with and will be conducted in a manner consistent to the maximum extent practicable with the approved New York State Coastal Management Program. The Corps’ consistency determination and interim feasibility study 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-2014-0788 (DA), the United States Army Corps of Engineers – New York District is proposing the South Shore of Staten Island Coastal Storm Risk Management Project (or SSSI). With the passage of the Hurricane Sandy Disaster Relief Appropriations Act of 2013 (Public Law 113-2), the U.S. Army Corps of Engineers has been given the authority and funding to complete ongoing coastal storm risk management projects and studies in the Northeast. As part of the planning and implementation process for the South Shore of Staten Island Coastal Storm Risk Management Project, the New York District will be completing the Feasibility Study and environmental compliance. A draft environmental impact statement (DEIS) is undergoing internal review by the Corps and is anticipated to be available for public and agency review during February 2015.
According to the information provided to the Department of State, the Corps has determined that the selected alternative, which consists of the establishment of a line of protection (LOP) -- a series of structural shoreline protections extending over 22, 700 linear feet along the Raritan Bay fronting shoreline from Fort Wadsworth south to Oakwood Beach and flanking the Oakwood Beach Wastewater Treatment Plant – is consistent with the policies of the New York State Coastal Management Program and with those of the New York City Waterfront Revitalization Program (WRP). The structures proposed include a continuity of buried seawall, earthen levees, and planted dune structures reaching a crest elevation of approximately 18 to 22.5 feet in height and from 10-17 feet in width. The structure along this reach will accommodate a paved promenade and will be publicly accessible at approximately every .5 mile for pedestrians and other low impact users. The existing timber boardwalk will be demolished and replaced with the paved promenade. Additional structural fortifications (levees/ berms) are proposed for three engineering reaches surrounding the wastewater treatment plant. A stoplog structure or other type of water control closure is being proposed at Hylan Boulevard. The LOP is being considered in conjunction with other improvements already planned or underway for five upland drainage areas comprising the Staten Island Bluebelt Plans under the purview of the New York City Department of Environmental Protection.
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 March 04, 2015.
Comments should be addressed to the 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.
This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.
In accordance with the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act and the New York State Coastal Management Program, New York City is proposing an amendment to its Local Waterfront Revitalization Program (LWRP) approved by the New York State Secretary of State on May 28, 2002, and incorporated into the State Coastal Management Program on August 28, 2002. The New York City LWRP, also known as the New Waterfront Revitalization Program (WRP), has a format distinct from other local waterfront revitalization programs, reflecting the unique character of the City’s approximately 520 miles of natural, public, working, and redeveloping waterfront, and the waterways between the five boroughs, including New York Harbor, the Hudson, Bronx, Harlem and East Rivers, the Arthur Kill and Kill Van Kull and all their many tributaries, as well as the Atlantic Ocean.
The City recently completed extensive planning and regulatory efforts 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, which produced an updated Comprehensive Waterfront Plan, Vision 2020: New York City Comprehensive Waterfront Plan (CWP). The New York City LWRP is being amended to advance the goals and priorities of Vision 2020.
The New York City LWRP amendment, while preserving the general format of the approved program, 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 after 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 proposed amendment presents modifications to the policies of the approved program. Part III of the proposed amendment 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. The appendices included in the amended WRP contain: a 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 descriptive 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.
To approve the draft amendment to the New York City LWRP, pursuant to Article 42 of the NYS Executive Law, it is required that potentially affected federal, State, and local agencies be consulted to assure that the proposed modifications to the approved program do not conflict with existing policies and programs. The draft of the proposed amendment to the New York City LWRP was accepted by the New York State Department of State as complete and is now available online, at http://www.dos.ny.gov/opd/programs/WFRevitalization/LWRP_draft.html.
Comments on the draft amendment are due by February 20, 2015. At the close of the required review period, the Department of State will coordinate responses to comments received with New York City, and modifications to the LWRP amendment will be made, as needed. Following approval by the Secretary of State, pursuant to 15 CFR 923.84(b), the New York State Department of State will request incorporation of the LWRP amendment into the State’s Coastal Management Program by the federal Office for Coastal Management (OCM), as a Routine Program Change.
Comments on the draft New York City LWRP amendment should be submitted by February 20, 2015, to: Renee Parsons, New York State Department of State, Office of Planning and Development, 99 Washington Avenue, Suite 1010, Albany, NY 12231-0001; telephone 518-473-2461.