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 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..


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 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.

  • There are no public notices at this time.

Consistency Review

New York State Department of State
Public Notice - F-2014-0127
Date of Issuance – April 9, 2014

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-2014-0127, Hammock River Marina, LLC (aka Old Harbor Marina), Clinton Harbor, Clinton, CT is proposing to perform maintenance dredging of approximately 4,000 cy from the existing commercial marina, with subsequent un-confined placement of the material at the Central Long Island Sound Disposal Site (CLIS). The CLIS is an open-water disposal site located within Long Island Sound, approximately 5.6 nautical miles south of East Haven, CT.

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., 10 days from the date of publication of this notice, or, by Thursday, April 24, 2014.         

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-2014-0083 (DA)
Date of Issuance – April 9, 2014

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, New York District (Corps) 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, Suite 1010, 99 Washington Avenue in Albany, New York.

The U.S. Army Corps of Engineers announces a proposal by the New Yom District Corps of Engineers to re- issue a Regional General Permit pursuant to Section 10 of the Rivers and Harbors Act of1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344). This general permit currently authorizes the installation of structures and dredging in navigable waters and the discharge of dredged or fill material, including discharges associated with excavation activities, into waters of the United States to facilitate the remediation of sites that are damaged from major storms that result in a Federal and/or State disaster declaration. It only applies to those areas that lie within the jurisdiction of the New York District in the specific towns or counties in New York State that are identified in the disaster declaration.

The New York District has evaluated the performance of NYDGP-15 to date and has made a provisional
determination that the proposed activities comply with the requirements for re-issuance of the general permit. There have been no substantial individual and/or cumulative adverse environmental impacts associated with the authorization of at least 500 activities under the existing Regional General Permit. Therefore, the New York District, U.S. Army Corps of Engineers is proposing to re-issue the attached regional general permit, with no proposed changes at this time. The proposed regional general permit, if re-issued, would be valid until July 14, 2015, to coincide with the expiration date of a similar regional general permit that is in effect within the boundaries of the Buffalo District of the U.S. Army Corps of Engineers in New York State. It is then the goal of the New York and Buffalo Districts to further evaluate the performance of their respective regional general permits and collaborate with each other to develop one regional general permit that could be utilized by both districts to authorize activities in response to major storm events in New York State. This planned effort is intended to provide greater consistency to the regulated public within the state. To see the Corps public notice and proposed NYDGP-15, please visit: http://www.nan.usace.army.mil/Missions/Regulatory/NonProjectSpecificSpecialPublicNotices.aspx

           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 Thursday, April 24, 2014.

            Comments should be addressed to the New York State Department of State, Division of Coastal Resources, attn: Consistency Review Unit, One Commerce Plaza, 99 Washington Avenue, Suite, 1010, Albany, New York 12231.  Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made 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-2014-0109 (DA)
Date of Issuance – April 9, 2014

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, New England District (Corps) 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, Suite 1010, 99 Washington Avenue in Albany, New York.

The Corps has described the proposal as follows:

Mystic River is located in southeastern Connecticut in New London County, on Fishers Island Sound, the eastern arm of Long Island Sound. The harbor forms the boundary between the towns of Stonington and Groton and consists of (1) a 15-foot channel, 125 feet from the Sound up to the railroad bridge, then 100 feet wide up to highway bridge (US Route 1), (2) a 12-foot channel above the highway bridge to the upper wharves at the Seaport Museum, (3) a 9-foot by 8.5-acre anchorage in the harbor north of Mason Island, and (4) a 9-foot turning basin above the railroad bridge. The 12-foot channel was last maintained in 1941. Dredging of the other project features was last accomplished with the improvement work completed in 1957.

The proposed project consists of maintenance dredging of up to 250,000 cubic yards (cy) of material from the Mystic River FNP (the 15’ channel, the 12’ channel and the 9’ anchorage area). The dredging would restore the channels and anchorage area to authorized depths. The material from the project, which is predominantly silt, is suitable for open water disposal at the New London Disposal Site (NLDS) in the Long Island Sound. The U.S Army Corps of Engineers (Corps) is proposing to use the Rhode Island Sound Disposal Site (RISDS) in Rhode Island Sound as a secondary placement option if necessary. The material is not suitable for beach nourishment due to its grain size. If open water disposal is selected, a mechanical dredge (clamshell dredge) will be used to remove shoals from all areas of the FNP and the material will be placed in scows and transported to NLDS or RISDS for disposal. Dredging the FNP to authorized depths will take 5 to 7 months to complete. To avoid impacts to aquatic resources, dredging north of the RN-22 channel marker will be restricted to Sept 1st – January 31st and the channel south of RN-22 will be dredged Sept 1st   – Apr 1st    if extra time is required to complete the project.

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 Thursday, April 24, 2014.

            Comments should be addressed to the New York State Department of State, Division of Coastal Resources, attn: Consistency Review Unit, One Commerce Plaza, 99 Washington Avenue, Suite, 1010, Albany, New York 12231.  Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made 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-2014-0123
Date of Issuance – April 9, 2014

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-2014-0123, Shennecossett Yacht Club, Pine Island Bay, Groton, CT is proposing to perform maintenance dredging of approximately 9,000 cy from the existing marina, with subsequent un-confined placement of the material at the Central Long Island Sound Disposal Site (CLIS), or partially confined placement at the New London Disposal Site (NLDS). The CLIS is an open-water disposal site located within Long Island Sound, approximately 5.6 nautical miles south of East Haven, CT. The NLDS is an open-water disposal site located within Long Island Sound, approximately 3.1 nautical miles south of Eastern Point, Groton, CT.

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., 10 days from the date of publication of this notice, or, by Thursday, April 24, 2014.         

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-2013-0948
Date of Issuance – April 9, 2014

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-2013-0948, Holcim Inc. (US), Flushing Terminal, Flushing Bay, Flushing, Queens, Queens County is proposing to perform maintenance dredging within the existing 18' deep berthing area with a 1' allowable overdepth. Approximately 8,200 cy of material is proposed to be removed with subsequent confined placement at either the Western Long Island Sound Disposal Site (WLIS) or the Central Long Island Sound Disposal Site (CLIS). The CLIS is an open-water disposal site located within Long Island Sound, approximately 5.6 nautical miles south of East Haven, CT. The WLIS is an open-water disposal site located within Long Island Sound, approximately 2.8 nautical miles south of Long Neck Point, Noroton, CT.

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., 10 days from the date of publication of this notice, or, by Thursday, April 24, 2014.         

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.


Local Waterfront Revitalization Program


PUBLIC NOTICE
New York State Department of State
Notice of Routine Program Change
Town of Southold
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 of Ocean and Coastal Resource Management (OCRM). The change to the New York State Coastal Management Program (CMP) covered by this request is the incorporation of an amendment to the Town of Southold Local Waterfront Revitalization Program (LWRP) into the State's CMP.
The Town of Southold LWRP is a long term comprehensive coastal management program for the Town's Long Island Sound and Peconic Bay waterfront resources, and is based on the policies of the New York State Coastal Management Program. A major component of the State's CMP is the provision that local governments be allowed to prepare and amend Local Waterfront Revitalization Programs, which further detail and make geographically specific the State's coastal policies. Each LWRP is reviewed for consistency with the State's CMP and approved if it meets the guidelines established in the State CMP and Article 42 of the NYS Executive Law.
The Southold LWRP was originally approved by the New York State Secretary of State on June 21, 2005 and incorporated into the State Coastal Management Program on November 2, 2005. Since then, upon approval of the Secretary of State, the descriptions and narratives for a number of existing Significant Coastal Fish and Wildlife Habitats (SCFWH) located in Long Island Sound and Peconic Bay were revised to better reflect current conditions, and new SCFWHs were also designated. All of the changes to the Long Island Sound and Peconic Bay SCFWHs have been incorporated into the New York State Coastal Management Program (CMP), as Routine Program Implementation Actions. The Town amended its LWRP to reflect the modifications to the SCFWHs located within the Town of Southold’s coastal area, such as revisions to the habitat narratives and boundaries of the Mattituck Inlet Wetlands and Beaches, and Fishers Island Beaches/ Pine Islands and Shallows SCFWHs, and the inclusion of the Goldsmith Inlet and Beach, Pipes Cove Creek and Moores Drain, and Dumpling Islands and Flat Hammock as new SCFWHs. This amendment also reflects revisions to Chapter 268 of Southold’s Town Code (Waterfront Consistency Review) which will strengthen the ability of the Town to implement the LWRP by assuring that Town actions are undertaken in a manner consistent to the maximum extent practicable with the LWRP. 
The Town prepared the LWRP amendment in partnership with the New York State Department of State, in accordance with the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act and the New York State Coastal Management Program. The draft LWRP amendment was circulated to potentially affected State, federal, and regional agencies during a review period from April 27, 2011 to May 20, 2011. Following this review period, the Department of State coordinated responses to comments received with the Town of Southold, and revised the draft LWRP where necessary. The Southold Town Board then adopted the amended LWRP on June 21, 2011, which was subsequently approved by the New York State Secretary of State on February 25, 2014, pursuant to the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act (NYS Executive Law, Article 42).
The amended Town of Southold 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 April 11, 2014 to:
Joelle Gore, U.S. Office of Ocean and Coastal Resource Management, Coastal Programs Division, SSMC4, N/ORM3, 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.

 

PUBLIC NOTICE
New York State Department of State
Notice of Routine Program Change
Town of Wheatfield
Local Waterfront Revitalization Program
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 of Ocean and Coastal Resource Management (OCRM). The change to the New York State Coastal Management Program (CMP) covered by this request is the incorporation of the Town of Wheatfield Local Waterfront Revitalization Program (LWRP) into the State's CMP.
A major component of the State's CMP is the provision that local governments be allowed to prepare Local Waterfront Revitalization Programs, which further detail and make geographically specific the State's coastal policies. Each LWRP is reviewed for consistency with the State's CMP and approved if it meets the guidelines established in the State CMP and Article 42 of the NYS Executive Law.
The Town of Wheatfield LWRP is a long-term intermunicipal management program for the Town’s waterfront resources along Niagara River and Tonawanda Creek/ Erie Canal, and is based on the policies of the New York State Coastal Management Program. The State's Coastal Management Program established the State Coastal Area Boundary in accordance with the requirements of the Coastal Zone Management Act of 1972, as amended, and the Act’s implementing rules and regulations. To more effectively plan for, manage, and protect its waterfront resources, the Wheatfield LWRP expands the State Coastal Boundary to include waterfront lands along the Tonawanda Creek/Erie Canal and more inland along the Niagara River.
The Town of Wheatfield LWRP includes a comprehensive description of the existing and proposed land and water uses to be accommodated within the Local Waterfront Revitalization Area in accordance with the local regulations and identifies the next generation of waterfront revitalization projects. The Town enacted the LWRP Consistency Review Law, which establishes a management structure to assure that local actions are reviewed for consistency with the provisions of the LWRP, and a new Waterfront Residential (R-W) District to establish minimum building setback along local waterways.
The Town of Wheatfield prepared the LWRP in partnership with the New York State Department of State, in accordance with the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act and the New York State Coastal Management Program. The draft LWRP was circulated by the Department of State to potentially affected State, federal, and regional agencies during a review period from September 5, 2012 to November 5, 2012. Following this review period, the Department of State coordinated responses to comments received with the Town of Wheatfield, and revised the draft LWRP where necessary. The Town of Wheatfield LWRP was adopted by resolution by the Town of Wheatfield Town Board on March 25, 2013, and approved by the New York State Secretary of State on February 25, 2014, pursuant to the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act (NYS Executive Law, Article 42).
The Town of Wheatfield 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 April 11, 2014 to:
Joelle Gore, U.S. Office of Ocean and Coastal Resource Management, Coastal Programs Division, SSMC4, N/ORM3, 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.

 

PUBLIC NOTICE
Department of State
Notice of Review for the Town of Huron
Draft Local Waterfront Revitalization Program

 

In accordance with the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act and the New York State Coastal Management Program, the Town of Huron, located within Wayne County, prepared a draft Local Waterfront Revitalization Program (LWRP). The LWRP is a comprehensive management program for the Town’s waterfront resources along Lake Ontario.
To approve the Town of Huron draft LWRP, pursuant to Article 42 of the NYS Executive Law, it is required that potentially affected State, federal, and local agencies be consulted to assure that the program does not conflict with existing policies and programs. For this purpose, this draft LWRP is available online at http://www.dos.ny.gov/opd/programs/WFRevitalization/LWRP_draft.html.
Comments on the draft LWRP are due by April 18, 2014. At the close of this required review period, the Department of State will coordinate responses to comments received with the Town of Huron and modifications to the LWRP will be made, as needed. Following adoption of the LWRP by the Town and its subsequent approval by the New York State Secretary of State, pursuant to 15 CFR 923.84(b), the New York State Department of State (DOS) will request incorporation of the LWRP into the State’s Coastal Management Program by the federal Office of Ocean and Coastal Resource Management (OCRM) as a Routine Program Change.
Comments on the Town of Huron draft LWRP should be submitted by April 18, 2014, 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.