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 Concurrence by the Office for Coastal Management of the U.S. Department of Commerce with the New York State’s Coastal Management Program Routine Program Change

 

Public Notice - Notice of Concurrence by the Office for Coastal Management of the U.S. Department of Commerce with the New York State’s Coastal Management Program Routine Program Change on the Incorporation of the Town of Huron Local Waterfront Revitalization Program (LWRP)

 


Brownfield Opportunity Areas Program Conformance Review

The Office of Planning and Development reviews requests for brownfield opportunity area conformance determinations by the Secretary of State for projects enrolled in the Brownfield Cleanup Program located in a designated Brownfield Opportunity Area.  During the review of a request for a conformance determination, a 30-day public notice is issued to permit public review of and comment on the request.  These notices are issued periodically.


Consistency Review

 

New York State Department of State
Public Notice - F-2018-0901
Date of Issuance – September 26, 2018

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 activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally 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 or at https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0901.pdf

In F-2018-0901, the applicants, Justin and Barbara Gubbins, are proposing to construct a 320.5’ x 4’ fixed, open-grate decking catwalk, ramp and steps to provide access on foot to the Little Sebonac Creek waterfront, through and across their private residential property in the Town of Southampton, Suffolk County, NY. 
The upland property is an undeveloped residential parcel [Suffolk County Tax Map (SCTM) parcel no. 900-92-03-21.2] which is located off of the Island Creek Road immediately east and north of the roadway stretching toward the Little Sebonac Creek.  The parcel primarily consists of vegetated, tidal wetland and a tidal creek winds across the entire width of the property, ultimately joining the Little Sebonac Creek.  Given the parcel boundaries and the features of the landscape, providing pedestrian access across the property to the waterfront via installation of the proposed structures would necessarily entail crossing this tidal creek and building the structures through and above wetland vegetation as well as the open water and creek bed.  Adjacent, waterfront parcels are presently developed, residential properties and appear to have docks which may be accessed from the upland via catwalks but without crossing open water, tidal areas.

The project site is located within a State-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) – Cow Neck – which is protected as biologically productive and valuable habitat area for an abundance of fish and wildlife species. More information regarding this designation and the specific habitat values may be found at
https://www.dos.ny.gov/opd/programs/consistency/scfwhabitats.html
https://www.dos.ny.gov/opd/programs/consistency/Habitats/LongIsland/Cow_Neck.pdf

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 26, 2018.    

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, 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 to:  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-2017-0918
Date of Issuance – October 03, 2018

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. Electronic copies of the submission can also be downloaded at:

https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2017-0918ForPN.pdf

William VanTyle is proposing to install approximately 99-foot in length of rock revetment consisting of 1.5-3 ton rock with 6-10 inch riprap placed landward. The proposal is for the applicant’s property at 6754 Brisco Cove Road, in the Town of Sodus, Wayne County

The stated purpose of the proposal is erosion control.

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 October 18, 2018.                

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-2018-0631
Date of Issuance – October 03, 2018

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. Electronic copies of the submission can also be downloaded at:

https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0631ForPN.pdf

Gale Kordzikoski is proposing to install ~50 linear feet of slope rock revetment along the shore of Lake Ontario. Proposed revetment is comprised of 4-6 ton boulders on a 1:2 slope with 2-3 ton boulders placed landward. The proposal is for the applicants property at 7583 Lakestone Drive in the Village of Sodus Point, Wayne County.

The stated purpose of the proposal is to protect residence from damage and erosion due to high water.

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 November 2, 2018.               

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-2018-0823
Date of Issuance – October 03, 2018

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. Electronic copies of the submission can also be downloaded at:

https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0823ForPN.pdf

Jeff Auser is proposing to install approximately 100 linear feet or rock revetment along the shoreline of Port Bay. The proposed revetment is comprised of 6-18 diameter riprap with a toe trench approximately 1.5’ deep by 1.5’ wide. The toe trench is proposed to be dug at approximately 246.0' IGLD 1985.

The stated purpose of the proposal is to protect the shoreline from future erosion due to high water.

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 November 2, 2018.               

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-2017-0637
Date of Issuance – October 03, 2018

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 (CZMA) of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally 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. The joint application for permit and project description are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2017-0637_LivingBreakwatersJointApp.pdf

This project was also the subject of a coordinated Environmental Review process. The Joint Record of Decision and Findings Statement along with supporting documentation contained in the Final Environmental Impact Statement (FEIS) are available online at http://www.stormrecovery.ny.gov/environmental-docs

In F-2017-0637, the New York State Governor’s Office of Storm Recovery (GOSR) is proposing the Living Breakwaters and Tottenville Shoreline Projects within portions of the Raritan Bay, in the Borough of Staten Island, Richmond County, New York. The proposed action would be located on properties owned by New York City and New York State.

The proposed action is comprised of two initiatives intended to enhance coastal and social resiliency along the Tottenville shoreline of the South Shore of Staten Island. These initiatives include the Living Breakwaters Project (Breakwaters Project) and Tottenville Shoreline Protection Project (Shoreline Project). The stated purpose of the proposed action is for these two initiatives to work as a layered approach that will address wave action, impacts of coastal flooding, and event-based (i.e., short-term/storm-related) and gradual (long-term) shoreline erosion, while restoring and enhancing ecosystems, improving waterfront access and engaging with the community through educational and stewardship programs directly related to the coastal resiliency actions.

The Breakwaters Project comprises a system of nine off-shore engineered breakwaters that would occupy approximately 11.4 acres in Raritan Bay with approximately 118,000 cubic yards of material (rock and bio-enhanced concrete) placed below the mean spring high water elevation; a vessel operated by a non-profit project steward for education and monitoring referred to as the "floating" Water Hub would be docked at existing facilities in the City; and a one-time shoreline restoration consisting of placing approximately 12,500 cubic yards of sand along approximately 800 linear feet of the shoreline of Conference House Park between Manhattan Street and Loretto Street. The Breakwaters Project anticipates a loss of approximately 3.6 acres of Waters of the U.S. and associated habitat due to the portion of the breakwaters above the mean high water elevation that will be mitigated pursuant to the Clean Water Act. Mitigation measures may include purchasing available credits from an approved mitigation bank and restoration/enhancement of Waters of the U.S. within the Raritan Bay watershed in New York.

The Shoreline Project includes a system of shoreline protection measures extending approximately 5,200 linear feet, or almost one mile, from Carteret Street to Page Avenue and comprises an earthen berm; a hybrid dune/revetment system; two sections of ecorevetment; a raised edge (revetment with a trail); and wetland enhancements and landscaping with coastal plant species throughout the project site. Placement of approximately 1,220 cubic yards of clean sand, rock, concrete, and path material within 0.14 acres of tidal wetland is proposed. Previously unpermitted fill in tidal wetlands and below the mean spring high water elevation in Raritan Bay would be removed.

The proposed activity would be located within or has the potential to affect the following Special Management or Regulated Area(s):                             

https://www1.nyc.gov/assets/planning/download/pdf/applicants/wrp/revisions/wrp_partIII_rec_eco_comp.pdf

  • Coastal Erosion Hazard Area: Natural Protective Feature.

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 November 2, 2018.   

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000.  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-2018-0624
Date of Issuance – October 03, 2018

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 (CZMA) of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally 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, and are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0624_Application.pdf

In F-2018-0624, Mr. Ernest Caristo is proposing to construct a new dock in the Arthur Kill at 30 Aviva Court, Borough of Staten Island, Richmond County. The new fixed dock would have a 4’ x 120’ pier with a 3’ x 60’ ramp, and a 10’ x 40’ float. The proposed dock would extend beyond the U.S. Pierhead Line. There are currently temporary floats installed at a different location on the same property, which would be removed should the proposed dock facility be approved and installed. The stated purpose of project is to moor the owner’s boat and provide private access to the waterway for recreational use.

The proposed activity would be located within or has the potential to affect the following Special Management or Regulated Area:                             

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 November 2, 2018.   

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000.  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-2018-0771
Date of Issuance – October 10, 2018

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 activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally 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-2018-0771, Michaelis-Bayswater Park South Salt Marsh Restoration, the applicant, New York City Department of Parks and Recreation (NYC Parks) proposes to restore salt marsh and upland transitional habitat along a section of the southern part of the park’s shoreline.  Michaelis-Bayswater Park is located on the southeastern shoreline of Jamaica Bay, Queens, NY at the southerly tip of Norton Basin.  It is a 40-acre park featuring open space and active and passive recreational amenities.  The project area is 2.5 acres directly north of Norton Avenue and south of the inlet at Norton Basin.  This area has become largely degraded wetland due to illegal dumping, neglect, and human disturbances.  The scope of work includes removal of substantial concrete debris and asphalt rubble, phased mechanical and chemical removal of invasive plant species, minor grading across part of the site, planting and seeding of native plant species transitioning from low marsh to high marsh and upland forest, and long term ecological monitoring and maintenance.  An unplanted area would be maintained as a footpath.

The proposed activities would be undertaken within the New York City Waterfront Revitalization Program (WRP) planning area.  As the WRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. 
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 October 25, 2018.    

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, 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 to:  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-2018-0677
Date of Issuance – October 10, 2018

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 activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally 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-2018-0677, Marine Park Forest and Wetland Restoration (CEQR Number 19DPR003K) the applicant, New York City Department of Parks and Recreation (NYC Parks) proposes to conduct an ecological restoration project intended to preserve, protect, and restore the natural resources of a degraded section of Marine Park, Brooklyn, Kings County, NY at Jamaica Bay.  Marine Park is the largest City-owned park in Brooklyn at 798 acres and it is designated as a Forever Wild Nature Preserve by NYC Parks.  The project site currently proposed for management is located on the northwestern side of Marine Park and consists of approximately 36.6 acres of restored wetlands and herbaceous understory.  Much of this area is colonized by invasive species due to decades of dumping and soil degradation associated with human disturbances and storms.  NYC Parks aims to improve the overall condition and long-term health and resilience of coastal upland forest and tidal and freshwater wetland ecosystems.
The scope of work includes a phased removal of invasive terrestrial species and planting and seeding of native vegetation.  The contractor will be subject to a two-year guarantee period, including maintenance, from the time of initial seeding.  NYC Parks staff will resume the monitoring and maintenance of planted and seeded material within the tidal wetland boundary for an additional year and will be responsible for monitoring and maintenance of the site long-term.

The proposed activities would be undertaken within the New York City Waterfront Revitalization Program (WRP) planning area.  As the WRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. 
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 October 25, 2018.    

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, 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 to:  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-2018-0992
Date of Issuance – October 10, 2018

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 (CZMA) of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally 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, and are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0992_Application.pdf

In F-2018-0992, Buffalo Niagara Waterkeeper is proposing the Little Beaver Island Shoreline and Coastal Wetland Habitat Improvement Project located at Beaver Island State Park along the Niagara River in the Town of Grand Island, Niagara County. The project proposes to install three barrier rock reefs in shallow waters of the Niagara River and a variety of bioengineering restoration techniques along an approximately 800-linear foot length of shoreline. The proposed project also includes terrestrial invasive species removal, plantings of native species, and establishing wildlife corridors to existing upland habitats. The stated purpose of the project is to create and restore riparian and nearshore habitats along a portion of shoreline within Beaver Island State Park.                                                                  

The proposed activity would be located within or has the potential to affect the following Special Management or Regulated Area:                             
Strawberry Island - Motor Island Shallows Significant Coastal Fish and Wildlife Habitat: https://www.dos.ny.gov/opd/programs/consistency/Habitats/GreatLakes/Strawberry_Island_Motor_Island.pdf

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 November 9, 2018.   

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000.  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-2018-0860
Date of Issuance – October 10, 2018

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 (CZMA) of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally 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, and are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0860_Application.pdf

In F-2018-0860, National Grid proposes to install a new submarine cable between the southern shore of Mink Island and the southern shore of Isle Lamott, spanning a portion of the St. Lawrence River in the Village of Hammond, St. Lawrence County. The submarine cable would extend approximately 1,130 feet from an existing transformer on Mink Island to a new transformer on Isle Lamott. The stated purpose of the project is to extend electrical service to residential customers on Isle Lamott.                                                            

The proposed activity would be located within or has the potential to affect the following Special Management or Regulated Area:                              
Chippewa Bay Significant Coastal Fish and Wildlife Habitat: https://www.dos.ny.gov/opd/programs/consistency/Habitats/GreatLakes/Chippewa_Bay.pdf

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 November 9, 2018.   

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000.  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-2018-0741; F-2018-0742; F-2018-0744
Date of Issuance – October 10, 2018

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 (CZMA) of 1972, as amended.

 The applicants have certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP).  The applicants’ 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 are available for review at the links below.

In F-2018-0741; F-2018-0742; and F-2018-0744, the applicants are proposing to construct a boulder revetment along Huntington Bay at 9, 11, and 15 Seacrest Drive, Village of Lloyd Harbor, Suffolk County. The stated purpose of the proposed revetment is to address the steep, unstable slope conditions; prevent further retreat and/or future failure of the bluff face; and provide beach and water access for the property owners. In total, the revetment would span approximately 562-linear feet across the following three, adjacent residential properties:

The proposed activities would be located within or has the potential to affect the following Special Management or Regulated Area:                             

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 November 9, 2018.   

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000.  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-2018-0545
Date of Issuance – October 17, 2018

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 activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally 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-2018-0545, the applicant, Denis Monette, is proposing to install approximately 75’ of bulkhead in two perpendicular sections of 25’ and 50’ along the line of mean high water and abutting an existing pier head at a private waterfront property located at 18 Jomarr Court, Massapequa, County of Nassau, NY on the South Oyster Bay.  The applicant also proposes the installation of a new (4) pile boat lift and replacement of (12) deteriorated pilings beneath the existing pier. 

Additionally, the applicant requests re-issuance of previously held permits to conduct maintenance dredging to -4 feet at mean low water by clamshell dredge of 100 cubic yards of clean sand material in an irregularly shaped area adjacent to the existing pier.  This material would be placed landward of the bulkhead.  The applicant cites the need for dredging due to continual shoaling at the site surrounding the pier structure.
The project site is located within a State-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) –South Oyster Bay– which is protected as biologically productive and valuable habitat area for an abundance of fish and wildlife species. More information regarding this designation and the specific habitat values may be found at the following location:
https://www.dos.ny.gov/opd/programs/consistency/scfwhabitats.html

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 01, 2018. 

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, 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 to:  CR@dos.ny.gov.

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


Local Waterfront Revitalization Program



Notice of Concurrence by the U.S. Department of Commerce
National Oceanic and Atmospheric Administration, Office for Coastal Management
with the Routine Program Change to
New York State’s Coastal Management Program

On September 16, 2016, the New York State Department of State (DOS) submitted a Routine Program Change to the federal Office for Coastal Management (OCM) in the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce. The changes to the New York State Coastal Management Program covered by this request were the rewording of New York State's Coastal Policy #29 with an updated explanation; an update to the state authorities supporting the Coastal Management Program’s implementing and enforceable forty-four policies based on recent state laws and regulations; conforming edits to update policy language to reflect current New York State policy, and removal of typographical errors within New State’s York's Coastal Management Plan.
Pursuant to 15 C.F.R. § 923.84(b)(4), DOS hereby provides notice that OCM concurred on May 7, 2017 with the DOS determination that program changes do constitute a Routine Program Change and approved the changes as a component of the New York Coastal Management Program with the exception of the addition of New York State Law Article 2, Section 7-a: Jurisdiction and Ownership of Offshore Waters and Lands Thereunder.
The text of enforceable Coastal Policies # 1-28 and 30-44 and the Long Island Sound Coastal Policies # 1-13 that DOS uses for federal consistency decision-making remain unchanged. OCM has approved the modified language to Coastal Policy # 29 to now read as:

  • The development of offshore uses and resources, including renewable energy resources, shall accommodate New York’s long-standing ocean and Great Lakes industries, such as commercial and recreational fishing and maritime commerce, and the ecological functions of habitats important to New York.

The following State authorities are incorporated into the New York Coastal Management Program.

  • New York State Environmental Conservation Law Article 6: State Smart Growth Public Infrastructure Policy Act
  • New York State Energy Law Article 6: Energy Planning
  • New York State Energy Plan
  • New York State Public Service Law Article 10: Siting of Major Electric Generating Facilities
  • New York State Environmental Conservation Law Article 13, Title 7: Seagrass Protection Act
  • New York State Environmental Conservation Law Article 14: New York Ocean and Great Lakes Ecosystem Conservation Act
  • New York State Environmental Conservation Law Article 15, Title 15: New York Water Resources Protection Act of 2011
  • Community Risk and Resiliency Act (Chapter 355 of the Laws of 2014)
  • New York Codes, Rules and Regulations Title 6, Chapter IV, Subchapter H, Part 487: Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10
  • New York Codes, Rules and Regulations Title 9, Subtitle BB, Chapter III, Subchapter B, Parts 7844-7852: State Energy Planning Procedures
  • New York Codes, Rules and Regulations Title 16, Chapter X, Subchapter A, Parts 1000-1002 Regulations Implementing Article 10 of the Public Service Law as Enacted by Chapter 388, Section 12, of the Laws of 2011
  • New York State Public Service Commission Order Adopting a Clean Energy Standard (Cases 15-E-0302 and 16-E-0270 - Issued and Effective August 1, 2016)

Removal of expired or repealed New York State statutes include:

  • Section 923 of Article 42 of the Executive Law (Waterfront Revitalization of Coastal Areas and Inland Waterways) [repealed effective March 30, 2012]

Federal consistency provisions in 15 CFR Part 930 will apply with the approved changes effective on the date of publication of this notice.

For further information related to these changes and the Routine Program Change contact: Greg Capobianco, Office of Planning and Development at (518) 474-6000.

For further information, see New York State’s Office of Planning and Development website at: http://www.dos.ny.gov/opd/publicNotices/notices.html.

The updated Coastal Management Program document (PDF) is available here:  http://www.dos.ny.gov/opd/publications.html

 

Notice of Concurrence by the U.S. Department of Commerce
National Oceanic and Atmospheric Administration, Office for Coastal Management
with the Routine Program Change to
New York State’s Coastal Management Program
on the Incorporation of the Town of Huron Local Waterfront Revitalization Program (LWRP)

STATEWIDE — Pursuant to 15 CFR 923.84 (b) (4), the New York State Department of State (DOS) hereby gives notice that the National Oceanic and Atmospheric Administration’s Office for Coastal Management (OCM) concurred on October 11, 2017 on the incorporation of the Town of Huron Local Waterfront Revitalization Program (LWRP) into New York State's Coastal Management Program as a Routine Program Change. DOS requested OCM's concurrence on this action on June 14, 2017, in a previous notice in the New York State Register, which further described the content of the action.
The Town of Huron LWRP was prepared in partnership with DOS and 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 LWRP is a long-term intermunicipal management program for the Town’s waterfront resources along Sodus Bay, Lake Ontario, East Bay, and Port Bay, and is based on the policies of the New York State Coastal Management Program. The Town of Huron LWRP includes a comprehensive description of the existing and proposed land uses in the waterfront revitalization area, incorporates harbor management elements, and identifies the next generation of waterfront revitalization projects.
Pursuant to the New York State Coastal Management Program and Article 42 of the New York State Executive Law, the Town of Huron LWRP was adopted by resolution by the Town of Huron Town Board on April 18, 2016, and approved by the New York State Secretary of State on May 15, 2017. Federal Consistency with the Town of Huron LWRP applies as of the date of this Notice.
OCM’s concurrence includes the following list of changes and qualifications:


Name/Description of State or Local Law/Regulation/ Policy/Program Authority

State/Local Legal Citation

Date Adopted by the Municipality

Date Effective in State

ADDED:

 

Town of Huron LWRP. The enforceable policies of the LWRP for CZMA review purposes are only found within the Waterfront Revitalization Policies of Section III

Art. 42 of the NYS Executive Law

4/18/2016

5/15/2017

The Town of Huron Local Waterfront Revitalization Program is available at: http://www.dos.ny.gov/opd/programs/WFRevitalization/LWRP_status.html, the website of the New York State Department of State. If you have any questions, please contact Renee Parsons, DOS Office of Planning, Development & Community Infrastructure, 99 Washington Avenue, Suite 1010, Albany, NY 12231, (518) 473-2461.

 

 


Brownfield Opportunity Areas Program Conformance Review


Public Notice - Brownfield Opportunity Area, Conformance Determination.
Project: Homeridae LLC Photovoltaic Solar System.
Location: Olean Northwest Quadrant Revitalization Plan Brownfield Opportunity Area
City of Olean, Cattaraugus County

In accordance with General Municipal Law, Article 18 - C, Section 970-r, the Secretary of State designated the Olean Northwest Quadrant Revitalization Plan Brownfield Opportunity Area, in the City of Olean, on December 3rd, 2015. The designation of the Olean Northwest Quadrant Revitalization Plan Brownfield Opportunity Area was supported by a Nomination or a comprehensive planning tool that identifies strategies to revitalize the area which is affected by one or more known or suspected brownfield sites.

Pursuant to New York State Tax Law, Article 1, Section 21, the eligible taxpayer(s) of a project site located in a designated Brownfield Opportunity Area may apply for an increase in the allowable tangible property tax credit component of the brownfield redevelopment tax credit if the Secretary of State determines that the project conforms to the goals and priorities established in the Nomination for a designated Brownfield Opportunity Area.

On April 19th, Homeridae, LLC submitted a request for the Secretary of State to determine whether the Homeridae LLC Photovoltaic Solar System project, which will be located within the designated Olean Northwest Quadrant Revitalization Plan Brownfield Opportunity Area, conforms to the goals and priorities identified in the Nomination that was prepared for the designated Olean Northwest Quadrant Revitalization Plan Brownfield Opportunity Area.

The public is permitted and encouraged to review and provide comments on the request for conformance. For this purpose, the full application for a conformance determination is available online: Here

Comments must be submitted no later than June 16, 2018, either by mail to: Christopher Bauer, New York State Department of State, Office of Planning and Development, 65 Court Street, Suite 208, Buffalo, NY 14202, or by email to: chris.bauer@dos.ny.gov.