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.


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 to the New York State Coastal Management Program


Consistency Review


 

New York State Department of State
Public Notice - F-2016-0586
Date of Issuance – November 02, 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 (NYSCMP).  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-2016-0586, or “27-41 West Street, Block 2570, Lot 1”, the applicant, M&H Realty, LLC, proposes construction of a mixed-use development of an underutilized waterfront site of approximately 2 million gross square feet in the Greenpoint neighborhood of Brooklyn.  The 7.2 acre project site is bounded by Oak Street to the north, West Street to the east, and Quay Street and the East River to the west and is situated just north of the Bushwick Inlet. The site is currently an asphalt paved lot used as a lumber warehouse and truck rental facility.  The proposed project includes upland development of three base buildings and four towers, associated private drives, public access areas including a 40 feet wide continuous shore public walkway, a waterfront park, and shoreline stabilization.  The waterfront access, walkway, and park elements will be developed to be consistent with the Greenpoint-Williamsburg Waterfront Access Plan (WAP).
            Some of the work in support of the shore public walkway would occur within state regulated tidal wetland adjacent areas, requiring a tidal wetlands permit from the New York State Department of Environmental Conservation (NYS DEC).  According to the information submitted to the DOS, portions of the public walkway would extend waterward of the current mean high water mark. 
Shoreline stabilization activities subject to federal permitting requirements include removal of construction and demolition debris and deteriorated riprap and bulkhead remains below mean high water and/ or spring high water, installation of a new sheet pile bulkhead, concrete headwall with riprap revetment, three pile supported outlooks extending over the new riprap revetment, gravel beach and beach grass planted areas inboard of a low riprap revetment.  Federal permits are requested under the U.S. Army Corps of Engineers Nationwide Permit Program for the bank stabilization work and for installation of two new outfall structures handling storm water discharges to the East River.  The project is anticipated to result in approximately 100 cubic yards of new waterway in the East River. 
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 December 02, 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-2016-0849
Date of Issuance – November 02, 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-2016-0849, National Park Service, is proposing to add armoring to the barge landing beach on the southwest side of Liberty Island to correct damage done by Hurricane Sandy. The project is located within Manhattan, New York County. Substrate will be excavated and the armoring will be placed with zero net fill at existing grade. The armoring will cover an area approximately 36 feet wide by 48 feet long (1,697 sq. ft.), with approximately 40 feet of the length being below the mean high water level. The concept for the armoring is an articulated concrete block system. The proposed structures are intended to prevent future similar impacts to facilities resulting from wind and storm surge.

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, December 2, 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-2016-0579
Date of Issuance – November 09, 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-2016-0579, John and Jane Griffith are proposing to construct new 4' x 125' dock with open grate decking, within the City of Quogue, Suffolk County. The proposed dock would be located within the Shinnecock Bay Significant Coastal Fish and Wildlife Habitat as designated on March 15, 1987, and revised on December15, 2008. No ramp or float are proposed. The project has been modified to include: reduction in dock length, as measured from Mean High Water, from 100-ft to 60-ft; use of only non-treated materials; construction of pass-repass stairs at the landward end of the proposed dock to allow pedestrians to traverse the foreshore; and inclusion of an all-weather light at the seaward end of the dock. The proposed structure is intended to serve as a private dock for recreational boating.

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, November 24, 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-2016-0751
Date of Issuance – November 16, 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 or http://www.dos.ny.gov/opd/programs/consistency/F-2016-0751PNmaterials.pdf.

In F-2016-0751, The Suffolk County Department of Public Works, is proposing the Bergen Point Waste Water Treatment Outfall Replacement Project at 600 Bergen Avenue, West Babylon, Suffolk County.  Suffolk County proposes to replace a deteriorated section of an existing outfall that extends beneath Great South Bay by constructing a replacement tunnel adjacent to the existing by tunnel boring machine.                                                             

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, December 16, 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-2016-0668
Date of Issuance – November 23, 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-2016-0668, Village of Haverstraw (Henry Hudson Quadricentennial Park), is proposing to install a walkway around Bowline Pond to provide public access to the waterfront within the Village of Haverstraw, Rockland County. As a result of wave and current activity from the Hudson River, the shoreline in Henry Hudson Quadricentennial Park is experiencing severe erosion. Walkways bordering the water are damaged by flooding, creating a waterfront access point that is unsafe and unsightly. To prevent erosion of the proposed and existing infrastructure, an engineered shoreline will be placed where necessary. The project will reinforce certain erosion prone areas of the site with an engineered sill. Soft shoreline protection methods, such as brush mattresses, live states and live fascines, will also be utilized for stabilization and promotion of a healthy ecosystem. A portion of the path subject to flooding during extreme high tides will be raised. The stated purpose of the proposed activity is to provide safe and enjoyable public access to the waterfront, and to stabilize the shoreline in order to prevent erosion and loss of infrastructure.

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, December 8, 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


PUBLIC NOTICE
Department of State
Notice of Review for the City of Jamestown
Draft Local Waterfront Revitalization Program

PURSUANT to Article 42 of the New York State Executive Law and 19 NYCRR Part 601, the New York State Department of State (DOS) has accepted a Draft Local Waterfront Revitalization Program (LWRP) for the City of Jamestown, located within Chautauqua County and the Western New York Region. The LWRP serves as a comprehensive management program for the City’s natural, public, and developed waterfront resources along the Chadakoin River.

To approve the City of Jamestown LWRP, the Secretary of State must find that it is consistent with Article 42 of the Executive Law and that it does not conflict with existing State programs and policies. Since State agency actions must be consistent with an approved LWRP, Article 42 requires that the public and any potentially affected State and regional agencies be given the opportunity to comment on the proposed program. For this purpose, the City of Jamestown Draft LWRP is available online at http://www.dos.ny.gov/opd/programs/WFRevitalization/LWRP_draft.html.

Comments on the City of Jamestown Draft LWRP should be submitted by November 16, 2016 to: Renee Parsons, Department of State, Office of Planning and Development, 99 Washington Ave., Suite 1010, Albany, NY 12231-0001; (518) 473-2461.


Coastal Management Program


The New York State Department of State (DOS) published a public notice in the State Register on September 14, 2016 requesting public comment on a Routine Program Change to the New York State Coastal Management Program, submitted by DOS to the National Oceanic and Atmospheric Administration’s Office for Coastal Management pursuant to 15 C.F.R. § 923. 84(b).  DOS subsequently was made aware of technical errors in the document and DOS website address provided in the public notice.  In recognition of these difficulties and to provide for adequate public comment, DOS is extending the public comment period an additional week, to expire October 12.  As of September 19, correct materials have been available at the following link:   http://www.dos.ny.gov/opd/pdf/RPC2016CMPdraft.pdf

Any comments on whether or not the action constitutes a Routine Program Change should be submitted within one week of the date of this Notice to:
Jeffrey L. Payne, Ph.D., Director 
Office for Coastal Management
National Ocean Service, U.S. Department of Commerce
1305 East West Highway
Silver Spring, MD 20910-9997
Further information on this action may be obtained by contacting:
Sandra Allen, Deputy Secretary of State
Office of Planning and Development
New York State Department of State
99 Washington Avenue, Suite 1010
Albany, NY 12231-0001
Phone (518) 474-6000

 

Introduction:  The Routine Program Change to the NYS Coastal Management Plan (CMP) is a programmatic action that edits the NYS CMP by updating the enforceable language and supporting policy explanation of Coastal Policy 29; incorporating recent state laws, regulations, administrative orders and other authorities that enforce the State’s forty-four coastal policies; making the NYS CMP consistent with current New York State policy language as a result of these recent laws, regulations and other authorities; and removing typographical errors and inconsistencies along with making other style and formatting edits.  The Routine Program Change to the CMP does not change the State’s statutory or regulatory regime, but rather simply incorporates recent laws, regulations and other authorities already in force in New York State.  Table 2, Federal Activities, Affecting Land and Water Uses and Natural Resources in the Coastal Zone of New York State, has no substantive changes, no new listing of authorities, and no new geographic location descriptions (GLDs). 

The complete Routine Program Change with appendices may be found at: http://www.dos.ny.gov/opd/pdf/RPC2016CMPdraft.pdf


The complete Coastal Assessment Form with Coastal Consistency Declaration may be found at:http://www.dos.ny.gov/opd/pdf/CAF RPC2016CMP.pdf


The complete State Environmental Quality Review (SEQR) Short Environmental Assessment Form with Negative Declaration may be found at: http://www.dos.ny.gov/opd/pdf/SEQR EAF RPC2016CMP.pdf


Routine Program Change Notice

Pursuant to 15 C.F.R. § 923. 84(b), the New York State Department of State (DOS) has submitted to the National Oceanic and Atmospheric Administration’s Office of Ocean and Coastal Resource Management (OCM) a Routine Program Change to the New York State Coastal Management Program. DOS has requested concurrence of OCM in the determination that these actions constitute a Routine Program Change in accordance with 15 C.F.R. § 923.84.

The Coastal Zone Management Act of 1972, as amended,  and in accordance with 15 C.F.R. § 923.84,  mandates that New York State provide public notice of its Routine Program Change of New York State’s Coastal Management Program to the general public, local governments, other state agencies, and regional offices of relevant federal agencies. This notice solicits comments on whether or not the changes constitute an Routine Program Change under the Coastal Zone Management Act of 1972, as amended in accordance with 15 C.F.R. §§ 923.80 and 923.84.

The Routine Program Change to the New York State Coastal Management Program includes the updating of the language in enforceable Coastal Policy 29 including an updated policy explanation, an update to the state authorities supporting the New York State Coastal Management Program’s enforceable 44 coastal policies based on recent state laws, regulations and an administrative decision, and conforming edits to update program language and reflect current New York State policy.  The Routine Program Change also removes obsolete passages, agency titles, and general New York State policies (as distinguished from the enforceable coastal policies) that no longer apply to current, pending, or future federal license applications for licensing, permitting, or other forms of approval. These changes will have a beneficial effect on the enforceable coastal policies by providing for the timely and accurate review of proposed federal agency actions that will have reasonably foreseeable effects on the State’s coastal resources and uses.  The RPC also includes corrections of typographical errors and inconsistencies along with other style and formatting edits improving readability, clarity and uniformity in language. All edits will assist DOS in preparing future Routine Program Change submissions on a routine basis.

Copies of the Routine Program Change document are available for review in Albany at the New York State Department of State Office of Planning and Development offices at 99 Washington Avenue, Suite 1010, Albany, NY 12231 and can be located on the DOS website at: http://www.dos.ny.gov/opd/pdf/RPC2016CMPdraft.pdf  This action is an Unlisted Action and a Negative Declaration has been prepared pursuant to the SEQRA regulations at 6 NYCRR Part 617.

Any comments on whether or not the action constitutes a Routine Program Change should be submitted within three weeks of the date of this Notice to:

Jeffrey L. Payne, Ph.D., Director
Office for Coastal Management
National Ocean Service, U.S. Department of Commerce
1305 East West Highway
Silver Spring, MD 20910-9997

Further information on this action may be obtained by contacting:

Sandra Allen, Deputy Secretary of State
Office of Planning and Development
New York State Department of State
99 Washington Avenue, Suite 1010
Albany, NY 12231-0001
Phone (518) 474-6000