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-2016-0525
Date of Issuance – September 14, 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-2016-0525, The Town of Brookhaven is proposing a pilot project for the installation of a permeable reactive barrier (PRB) to intercept and filter a groundwater nitrogen plume before it reaches the surface waters of Wills Creek and Forge River in the Town of Brookhaven, Suffolk County. The PRB will consist of an eight foot depth trench dug along the south side of the road for a 190’ length and 10’ to 20’ width, encompassing approximately 3,075 SF of surface area and 1000 CY of excavation. The area will be excavated and backfilled with mixed material of on-site soil and Town generated composted wood chips. After construction of the PRB, monitoring wells will be installed immediately south of the PRB to monitor the nitrogen removal ability of the PRB.

The project also proposes the removal of phragmites and its root mass within the area of the PRB and adjacent area and revegetation with native species. The adjacent area (7,575 SF) includes the area that will be disturbed by the construction and is proposed for phragmites root mass excavation and refilling of the void space. Due to the requirement of the barrier width, an 870 SF section of marsh will be disturbed. The Town proposes to mitigate the loss by the regrading and replanting of 1,500 SF of intertidal marsh immediately east of the impacted area. The Town proposes additional phragmites removal and replanting of additional marsh and upland plants west of the PRB (7,530 SF).                                                          

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, October 14, 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-2016-0693
Date of Issuance – September 21, 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-2016-0693, the Village Creek Harbor Corp., Village Creek, Norwalk, CT; The applicant is proposing to perform maintenance dredging of approximately 24,900cy of material with subsequent open-water disposal of the dredged material at the Western Long Island Sound Disposal Site (WLDS).

The applicant’s consistency certification and supporting information are also available at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2016-0693ConsistencyCertification.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., 15 days from the date of publication of this notice, or, by October 6, 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.

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

New York State Department of State
Public Notice - F-2016-0703
Date of Issuance – September 21, 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-2016-0703, the Clinton Yacht Haven Dockominium Association, Inc., Clinton Harbor, Clinton, CT; The applicant is proposing to perform maintenance dredging of approximately 24,900cy of material with subsequent open-water disposal of the dredged material at the Central Long Island Sound Disposal Site (CLDS).

The applicant’s consistency certification and supporting information are also available at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2016-0703_ConsistencyCertification.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., 15 days from the date of publication of this notice, or, by October 6, 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.

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

New York State Department of State
Public Notice - F-2016-0755
Date of Issuance – September 21, 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-2016-0755, the Indian Neck Yacht Club, Branford River, Branford, CT; The applicant is proposing to perform maintenance dredging of approximately 4,772cy of material with subsequent confined (needs capping material) open-water disposal of the dredged material at the Central Long Island Sound Disposal Site (CLDS).

The applicant’s consistency certification and supporting information are also available at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2016-0755_ConsistencyCertification.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., 15 days from the date of publication of this notice, or, by October 6, 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.

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

New York State Department of State
Public Notice - F-2016-0446
Date of Issuance – September 28, 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 and http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2016-0446_ConsistencyCertification.pdf.

In F-2016-0446, National Fuel Gas Supply Corporation and Empire Pipeline, Inc., both subsidiaries of National Fuel Gas Company (collectively referenced as National Fuel), are proposing the Northern Access 2016 Project. This proposal is to construct, operate, and maintain a natural gas transmission pipeline and related facilities in Allegany, Cattaraugus, Erie, and Niagara Counties, New York. The purpose of the proposed is to provide incremental firm transportation of approximately 350,000 dekatherms per day of capacity to markets in the northeastern United States and Canada through National Fuel’s existing interconnections. The proposed consists of the following: 96.9 miles of 24 inch diameter pipeline in McKean County, Pennsylvania and Allegany, Cattaraugus, and Erie Counties, New York; 0.9 mile of 16 inch diameter pipeline and 1.2 miles of 24 inch diameter pipeline in Niagara County, New York; a new 22,000 horsepower (hp) compressor station in Niagara County; an additional 5,000 hp of compression at an existing compressor station in Erie County; a metering, regulation, and delivery station in Erie County; a dehydration facility in Niagara County; tie ins in McKean, Cattaraugus, and Erie Counties; modification of tie in facilities in Niagara County; mainline block valves in McKean, Allegany, Cattaraugus, and Erie Counties; and access roads and contractor/staging yards in McKean, Allegany, Cattaraugus, and Erie Counties.    

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, October 28, 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-2016-0810 (DA)
Date of Issuance – September 28, 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 U.S. Army Corps of Engineers (ACOE) 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 and at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2016-0810_ConsistencyDetermination.pdf.

            In F-2016-0810 (DA), the ACOE is proposing a coastal storm risk management project in the Town of Southold, Suffolk County, New York, on the North Fork of Long Island, at Hashamomuck Cove. The study area is a 1.5 mile long stretch of coastal shoreline and includes three component coves. The proposed plan is for placement of fill material at the West, Central, and East coves to rebuild the beaches with a 25 foot to 75 foot wide berm and beach fill for approximately 8,500 feet. The source of the initial sand for the beach fill will be from an upland offsite source. Periodic re-nourishment is anticipated every 10 years over a 50 year period with sand trucked in from a certified upland source. The purpose of the proposed is to reduce coastal storm and erosion risks to critical infrastructure including County Road 48 and utilities along its corridor.

            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, October 28, 2016.

            Comments should be addressed to the New York State Department of State, ATTN: Consistency Review Unit, One Commerce Plaza, 99 Washington Avenue, Suite 1010, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 474-6572. Comments can also be submitted electronically via 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


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