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.

  • There are no public notices at this time.

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-2018-0209
Date of Issuance – April 25, 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.

A federal agency has determined that the proposed activity complies with and will be conducted in a manner fully consistent with the approved New York State Coastal Management Program. The agency's consistency determination 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 at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0209PN-Material.pdf

In F-2018-0209, The United States Department of the Navy is proposing certain activities known as “Alternative 1” in the Atlantic Fleet Training and Testing Study Area. Project information is available at www.aftteis.com. The Navy proposes to conduct military readiness training and testing activities into the reasonably foreseeable future as necessary to meet current and future readiness requirements.

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 May 10, 2018.

Comments should be made in writing and addressed to the New York State Department of State, Office of Planning, Development & Community Infrastructure, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Fax (518) 473-2464 email: 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-2017-1150
Date of Issuance – May 9, 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 on the New York State Department of State’s website at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2017-1150George’sIslandPark.pdf

In F-2017-1150, or the “George’s Island Park Renovations”, the applicant – Westchester County – The County is proposing renovations to George’s Island Park by replacing the existing boat docks and trails. The existing boat launch will be replaced with a seasonally removeable boat docks, ramps and associated permanent piers. The shoreline adjacent to the boat launch will be stabilized. The project is located at 199 Dutch Street in the Town of Cortlandt, Westchester County, New York on the Hudson River. The stated purpose of the project is to renovate George’s Island Park and address erosion concerns adjacent to the boat launching area.

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, May 24, 2018.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Planning, Development and Community Infrastructure, 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-2018-0400(DA)
Date of Issuance – May 9, 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.

A federal agency has determined that the proposed activity complies with and will be conducted in a manner consistent to the maximum extent practicable with the approved New York State Coastal Management Program. The agency's consistency determination 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-2018-0400 (DA), The U.S. Army Corps of Engineers, New York District (Corps) is proposing emergency dredging of the Moriches Inlet Federal Navigation Project (FNP) in the Towns of Brookhaven and Southampton, Suffolk County.

The Corps has provided the following statements in the submitted consistency determination and public notice:

The U.S. Army Corps of Engineers, New York District (the Corps) proposes to perform emergency maintenance dredging of the Federal Navigation Channel and deposition basins of Moriches Inlet. The channel was last dredged by the USACE in 2012, when the removal of approximately 200,000 cubic yards (CY) of sand was used in a beneficial manner to close a breach at Cupsogue Beach that was created by Hurricane Sandy. The proposed emergency maintenance dredging is expected to involve the removal of approximately 300,000 CY of sand, which could be used in a beneficial manner as beach nourishment placed along the shoreline west of the inlet or near shore west of the inlet. The channel and deposition basins will be dredged to a depth of 14 feet plus 2 feet allowable overdepth. The proposed emergency dredging for this cycle is anticipated to occur in the summer/fall/winter of 2018/2019, subject to the availability of funds.

The purpose of the proposed emergency work is to alleviate the effects of shoaling and maintain the authorized project dimensions, thereby providing safe and economical use of the Moriches Inlet by commercial and recreational boating interests while also providing beneficial use of the dredged material. Between maintenance operations, the bypassed sand would be carried by littoral drift to feed down drift beaches. The maintenance operation would thus serve to place sand trapped in the channel back into the normal littoral movement that naturally replenishes the western beaches, while maintaining a safe channel for navigation.

Emergency maintenance dredging of the channel and deposition basins at Moriches Inlet will be accomplished by an ocean-going hydraulic cutter-head dredge, hopper dredge, or similar plant. The entire channel will generally not require maintenance dredging; only areas where shoaling has reduced the depth of the channel will require dredging.

The Corps’ public notice for this proposal can be downloaded at: http://www.nan.usace.army.mil/Missions/Navigation/Federal-Operations-Maintenance-Public-Notices/

The Corps’ consistency determination can be found at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0400(DA)-CENAN-MorichesInletFNP.pdf

Third 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 by May 24, 2018.

Comments should be addressed to the New York State Department of State, Office of Planning, Development & Community Infrastructure, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made by emailing your comments 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-2018-0372(DA)
Date of Issuance – May 9, 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.

A federal agency has determined that the proposed activity complies with and will be conducted in a manner consistent to the maximum extent practicable with the approved New York State Coastal Management Program. The agency's consistency determination 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-2018-0372 (DA), The U.S. Army Corps of Engineers, New York District (Corps) is proposing maintenance dredging of the Lake Montauk Harbor Federal Navigation Project (FNP) in the Town of East Hampton, Gardiners Bay and Lake Montauk Harbor, Suffolk County.

The Corps has provided the following statements in the submitted consistency determination and public notice:

The New York District, U.S. Army Corps of Engineers (the Corps) proposes to perform maintenance dredging of the Federal Navigation Channel and deposition basin in Lake Montauk Harbor, New York. The channel was last dredged in 2014, where approximately 19,000 CY of material was removed. The dredged sand was used as
beach nourishment and placed along severely eroded areas of the beach just west of the west jetty. The proposed maintenance dredging would involve the removal of up to 40,000 CY of sand, with placement in the same location as previous dredging cycles. The channel and deposition basin would be dredged to a depth of at least 12 feet below Mean Lower Low Water (MLLW), plus an allowable 2 feet of over depth, or up to 14 feet
below Mean Lower Low Water (MLLW), plus 2 feet allowable over depth if advanced maintenance is performed. Maintenance dredging of the channel and deposition basin at Lake Montauk Harbor is usually accomplished by pipeline dredge or similar plant.

The entire channel will generally not require maintenance dredging; only areas where shoaling has reduced the depth of the channel will require dredging. The purpose of the proposed work is to alleviate the effects of shoaling and maintain the authorized project dimensions, thereby assuring safe and economical use of the Lake Montauk Harbor by commercial and recreational boating interests while providing beneficial use of the dredged material. Between maintenance operations, the bypassed sand placed at the feeder beach would be carried by littoral drift to feed down-drift beaches. The maintenance operation would thus serve to place sand trapped in the channel back into the normal littoral movement that naturally replenishes the western beaches, while maintaining a safe channel for navigation.

The dredging and placement as beach nourishment on the beach west of the west jetty is currently anticipated to occur during the fall/winter of 2018/2019, subject to the availability of funds.

The Corps’ public notice for this proposal can be downloaded at: http://www.nan.usace.army.mil/Missions/Navigation/Federal-Operations-Maintenance-Public-Notices/

The Corps’ consistency determination can be found at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0372-CENAN-LakeMontaukHarborFNP.pdf

Third 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 by May 24, 2018.

Comments should be addressed to the New York State Department of State, Office of Planning, Development & Community Infrastructure, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made by emailing your comments 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-2018-0141
Date of Issuance – May 16, 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 on the New York State Department of State’s website at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0141TarrytownLoseePark.pdf

In F-2018-0141, or the “Village of Tarrytown – Losee Park Shoreline Stabilization”, the applicant – Village of Tarrytown – is proposing to remove an existing deteriorated bulkhead along the southwest section of Losee Park’s shoreline. The riprap will utilize granite angular armor stone at a 1:1.5 slope. The project is located at West Main Street in the Village of Tarrytown, Westchester County, New York on the Hudson River. The stated purpose of the project is to “protect the upland public park and ensure public safety”.

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, May 31, 2018.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Planning, Development and Community Infrastructure, 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-2018-0073
Date of Issuance – May 16, 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.

In F-2018-0073, Mr. George Wallis is proposing the Wallis Bulkhead Repair Project at 2 Wallis Lane, in the Village of Nissequogue, Suffolk County. The existing bulkhead was destroyed in a series of nor’easters during 2018. The applicant proposes installing 400 linear feet of new cantilevered steel bulkhead to replace the existing, storm-damaged timber bulkhead. The new bulkhead would be constructed at the existing toe of the bluff, which is approximately 10-12 feet landward of the prior bulkhead alignment. Heavy stone would be placed on the beach to restore the footprint of the existing stone groins and to extend the groins to the new cantilevered bulkhead. Any existing bulkhead fragments would be cut to grade or removed in their entirety. The applicant’s consistency certification and supporting information, some of which has been updated since the initial submission, are available for review at:

The proposed activity would be undertaken in the Town of Smithtown Local Waterfront Revitalization Program (LWRP) boundary and the Village of Head of the Harbor and Village of Nissequogue LWRP boundary. As these LWRPs are components of the State Coastal Management Program, activities under federal permitting authority are also subject to consistency review with these local programs and their specific provisions and policies, which can be found here:

Original copies of public information and data submitted by the applicant 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.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activity 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, June 15, 2018.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning, Development & Community Infrastructure, 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-2017-1203
Date of Issuance – May 23, 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 on the New York State Department of State’s website at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2017-1203BauterCementRamp.pdf

In F-2017-1203, or the “Bauter Precast Cement Ramp”, the applicant – Stacy Bauter – proposes to replace a portion of a deteriorated wall with a precast concrete ramp. The dimensions of the ramp are twenty feet long by twelve feet wide. The project is located at County Route 59 in the Town of Brownville, Jefferson County, New York on Lake Ontario. The stated purpose of the project is to “allow access to the boat harbor while replacing the damaged wall”.

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, June 7, 2018.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Planning, Development and Community Infrastructure, 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-2017-1156
Date of Issuance – May 23, 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 on the New York State Department of State’s website at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2017-1156RJMarineShorelineStabilization.pdf

In F-2017-1156, or the “RJ Marine Associates Shoreline Stabilization”, the applicant – Augusta Withington – is proposing to install a steel sheet pile face sea wall with tie backs. The proposed seawall will be 7 feet in height from the river bottom and 65 feet in length. The proposed sea wall will have a 6 inch to 8 inch concrete cap. In addition, the applicant proposes to backfill behind the proposed sea wall. The project is located at 690 Riverside Drive in the Village of Clayton, Jefferson County, New York on the St. Lawrence River. The stated purpose of the project is to “prevent flooding and erosion”.

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, June 7, 2018.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Planning, Development and Community Infrastructure, 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-2018-0122
Date of Issuance – May 23, 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 on the New York State Department of State’s website at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0122Berg’sResidentialDocks.pdf

In F-2018-0122, or the “Berg’s Residential Docks, Jet Ski Floats & Boat Lift”, the applicant – James Berg – is proposing to install a 4’ wide by 25’ long dock and 4’ wide by 40’ long dock in a “L” configuration. In addition, the applicant proposes to install a four pile boat lift and two jet ski floats. The project is located at 2 Dorsett Lane in the Town of Babylon, Suffolk County, New York on Carll’s River. The stated purpose of the project is to “enhance recreational mooring at private residence”.

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, June 7, 2018.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Planning, Development and Community Infrastructure, 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-2018-0415(DA)
Date of Issuance – May 23, 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.

A federal agency has determined that the proposed activity complies with and will be conducted in a manner consistent to the maximum extent practicable with the approved New York State Coastal Management Program. The agency's consistency determination 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-2018-0415(DA), the National Oceanic and Atmospheric Administration (NOAA) proposes to conduct hydrographic surveys and sediment grabs in the Hudson River located in Rockland and Westchester counties, and in Shinnecock Bay and Moriches Bay located in Suffolk County. The stated purpose of the project is to update data in the U.S. Nautical Charts.

NOAA has provided the following statements in the submitted consistency determination:

The National Oceanic and Atmospheric Administration’s Office of Coast Survey plans to conduct the hydrographic survey of a 26-square nautical mile area in the Hudson River, Shinnecock Bay and Moriches Bay. The project will begin on or about July, ending around September. The Navigation Response Team 5 will leave port and proceed to the survey location shown in Appendix A. In the course of the project, the Navigation Response Team 5 will survey the area shown in Appendix A with a combination of multibeam echo sounders and side scan sonar. Coast Survey will also collect bottom samples with a small grab sampler. In the course of the project, Coast Survey will follow a series of Best Management Practices (BMPs) to reduce or eliminate potential impacts to the environment. These BMPs are listed in Appendix C.

Overall, the operation of one or more vessels, the use of high-frequency echo sounders, the collection of bottom samples, and the use of a CTD instrument is not expected to have a noticeable effect on the New York coastal zone. The increase to local maritime traffic would not be noticeable. Air emissions and discharges from the vessel would be minor, consistent with other marine traffic, and in compliance with relevant laws such as the Clean Air Act and the Clean Water Act. The impacts to the sea floor from collecting a small number of 6” by 6” grab samples is negligible.

NOAA’s consistency determination can be found at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0415(DA)_Application.pdf

The NOAA Office of Coast Survey evaluated the effects of this national program in a Programmatic Environmental Assessment published in 2013. That document and a Finding of No Significant Impact are available at:
https://www.nauticalcharts.noaa.gov/about/regulations-and-policies.html

The proposed activity would be undertaken within the following units of State-designated Significant Coastal Fish and Wildlife Habitat (SCFWH), and descriptions of these habitats can be viewed on DOS’ website at:

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 June 22, 2018.

Comments should be addressed to the New York State Department of State, Office of Planning, Development & Community Infrastructure, 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-2018-0408
Date of Issuance – May 23, 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.

In F-2018-0408, New York State Office of Parks, Recreation, and Historic Preservation (OPRHP) is proposing the East River Marsh Habitat Enhancement Project at Beaver Island State Park in the Town of Grand Island, Erie County. The project is located in and along the Niagara River. The stated purpose of the proposed activity is to enhance aquatic habitat function and increase the net quantity and quality of the aquatic ecosystem within the project area in the Beaver Island State Park in three distinct areas: littoral habitat of the Niagara River, an embayment within an abandoned ferry slip, and an off-channel pond/channel area.

Project activities include: installing five barrier islands/rock reefs in the Niagara River parallel to the unprotected shoreline and immediately upstream of the previous East River Wetlands Enhancement Project; increasing the depth profile of an existing, shallow channel and off-channel pond area; deepening the remnants of an existing ferry slip and installing fish attraction structures; installing shoreline protection in the form of heavy stone and cabled logs in some locations; and planting emergent vegetation (EV) and submerged aquatic vegetation (SAV) around the rock reefs and in some of the excavated areas.

The proposed activity would be undertaken within the State-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) unit of Strawberry Island-Motor Island Shallows. Additional information on this habitat is available at:
http://www.dos.ny.gov/opd/programs/consistency/Habitats/GreatLakes/Strawberry_Island_Motor_Island.pdf

The applicant’s consistency certification and supporting information are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0408_Application.pdf

Original copies of public information and data submitted by the applicant 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.

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 June 22, 2018.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning, Development & Community Infrastructure, 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-2018-0139
Date of Issuance – May 23, 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.

In F-2018-0139, Ms. Ann Krom, is proposing to repair the storm-damaged concrete bulkhead at 1296 Peconic Bay Boulevard in the Town of Southold, Suffolk County. The applicant proposes to remove and replace an existing 97-linear foot concrete bulkhead with a new vinyl bulkhead along Great Peconic Bay. The new bulkhead would be in-place of the existing structure, but the bulkhead height would be raised 42 inches above existing to match the neighboring bulkhead to the west. A total of 41 linear feet of new vinyl bulkhead returns would be installed, with 6 linear feet proposed on the western property boundary and 35 linear feet proposed on the eastern property boundary. Approximately 225 cubic yards of clean sand fill would be placed behind the bulkhead to replenish sand lost due to storm erosion. New stairs to the beach would be installed that are 4-foot wide by 10-foot long.

This project is located within the coastal management area of the Town of Southold Local Waterfront Revitalization Program (LWRP) and is subject to consistency with the LWRP policies, which are available for review at:
https://docs.dos.ny.gov/opd-lwrp/LWRP/Southold_T/Index.html

The applicant’s consistency certification and supporting information are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0139_Application.pdf

Original copies of public information and data submitted by the applicant 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.

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, June 22, 2018.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning, Development & Community Infrastructure, 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-2018-0197
Date of Issuance – May 23, 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.

In F-2018-0197, Mr. Ryan Stork, is proposing to repair the storm-damaged concrete seawall at 1140 Park Avenue in the Town of Southold, Suffolk County. The applicant proposes to construct a vinyl bulkhead and return in place of an approximately 168-linear foot storm-damaged concrete seawall along Great Peconic Bay and a 68-linear foot concrete return along the western property boundary. A new, 7-linear foot vinyl bulkhead return would be constructed along the eastern property boundary. Approximately 51 linear feet of existing timber retaining wall landward of the bulkhead would be repaired. The area upland of the bulkhead would be backfilled and nourished with approximately 240 cubic yards of clean sand fill. The existing, storm-damaged gazebo would be repaired by replacing exterior siding, finishes, and flooring. Damaged concrete stairs would be replaced with timber stairs leading from the top of bank to the bulkhead. Existing metal stairs would be removed and re-set (in-place) on the new bulkhead.

This project is located within the coastal management area of the Town of Southold Local Waterfront Revitalization Program (LWRP) and is subject to consistency with the LWRP policies, which are available for review at:
https://docs.dos.ny.gov/opd-lwrp/LWRP/Southold_T/Index.html

The applicant’s consistency certification and supporting information are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0197_Application.pdf

Original copies of public information and data submitted by the applicant 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.

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, June 22, 2018.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning, Development & Community Infrastructure, 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-2018-0099
Date of Issuance – May 23, 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 on the New York State Department of State’s website at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0099IozzoBeachLevelDeck.pdf

In F-2018-0099, or the “Private Recreational Deck at Beach Level”, the applicants – Joseph & Samuela Iozzo – proposes to construct a 20 foot by 32 foot beach level deck. The proposed beach level deck will serve as a foundation for a future proposed seasonal floater dock. The application states the beach level dock will adequately address the homeowner’s boat dockage requirements and will aid in keeping boats safe from damaging wakes produced by commercial jet boats. The project is located at 957 River Road in the Village of Youngstown, Niagara County, New York on the Lower Niagara River. The stated purpose of the project is for “recreational use” and “building dockage that works and keeps boats safe from damage”.

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, June 22, 2018.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Planning, Development and Community Infrastructure, 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-2018-0332
Date of Issuance – May 23, 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.

In F-2018-0332, Crosslake Fiber USA, LP is proposing to construct and operate a 76.4-mile fiber-optic cable from the City of Toronto, Ontario, Canada, to the City of Buffalo, New York. The stated purpose of the project is to provide high-speed internet connectivity and reliability between Canada and United States markets.

The underwater portion of the proposed route would cross Lake Ontario from the shoreline of Ashbridges Bay Park, in the City of Toronto, to a residential property located along the shoreline of Lake Ontario at 4851 East Lake Road in the Town of Wilson, Niagara County. From the cable landing location at this residential property, the fiber-optic cable would be buried along existing local, county, and state road rights-of-way, and would extend south to a data center on Main Street in the City of Buffalo.

The applicant’s consistency certification and selected supporting information are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0332_CrosslakeApplication_Partial.pdf

Additional public information and data submitted by the applicant 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.

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 June 22, 2018.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning, Development & Community Infrastructure, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made by email at: CR@dos.ny.gov.

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

 


Local Waterfront Revitalization Program



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.