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.

New York State Management Program Proposed 309 Assessment and Strategies

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.


New York State Department of State
Public Notice - F-2020-0435
Date of Issuance – July 1, 2020

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.

In F-2020-0435, Rick Nelin is proposing to construct a 4' x 3'10" stairs to a catwalk. Two stairs leading to beach on either side of the catwalk. Proposed 4' x 72.2' catwalk to a gangway 3' x 3' with thru flow decking to a 6' x 20' seasonal timber float. Also proposed is the replacement of the existing bulkhead. The project is located on Temple Road, East Setauket, NY  11733 on Port Jefferson Harbor.

The applicant’s consistency certification and supporting information are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0435Nelin.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 July 31, 2020.

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-2020-0307
Date of Issuance – July 1, 2020

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.

In F-2020-0307 the applicant, Nick Messina, is proposing to install a 4’x75’ gravel pathway leading to a 4’x130’ open-grate decking catwalk, 4’ over grade, to another 4’x145’ gravel pathway, to a 4’x68’ open-grate decking catwalk, 4’ over grade, with access stairs down to the water. This project is located at 37 Bay Road, Village of Quogue, Suffolk County, Shinnecock Bay.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0307.pdf

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

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 July 31, 2020.           

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-2020-0279
Date of Issuance – July 1, 2020

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 activity complies with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program.  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2020-0279, the BASF Corp proposes the Hudson River Wetland Enhancement Project located at 36 Riverside Avenue, City of Rensselaer, along the Hudson River. The stated purpose of the project is to improve overall habitat conditions, provide greater connectivity between riverine and terrestrial habitats, and contribute to the habitat requirements of the northern map turtle (Graptemys geographica). The applicant proposes creating 0.17 acres of fringe intertidal wetland and an additional area of riparian habitat enhancement along the Hudson River. The wetland would be created landward of an existing bulkhead by excavating approximately 260 cubic yards (CY) of material within a 4,950-SF area below the existing mean high water (MHW) line. The bulkhead would remain in-tact. The applicant proposes installing eight (8) timber turtle basking platforms measuring 14’(L) X 6’ (W) X 1.5’ (H) that would be installed parallel to shore along the waterward length of the bulkhead. The platforms would be secured by up to 15, 12-inch diameter timber piles waterward of the existing bulkhead, which total approximately 18 CY of fill below MHW.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0279_Application.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 July 31, 2020.           

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-2020-0136
Date of Issuance – July 1, 2020

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.

In F-2020-0136 the applicant, Nathan Hunter, is proposing to install a 4-tier Limestone rip rap retaining wall backfilled with gabion limestone, which will be covered with fabric and topped with topsoil, along the west edge of the property. This project is located at 6524 Montonna Shores Road W, Town of Lyme, Jefferson County, Lake Ontario.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0136.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 July 31, 2020.           

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.


Consistency Appeal - General Dynamics, Electric Boat Corporation

As you may be aware New York State is involved in litigation with USEPA over the designation of a new open water disposal site in Eastern Long Island Sound (ELDS). see Rosado, et al. and Town of Southold, et al. v. Wheeler, et al. and Connecticut Dept. of Energy & Environ. Protection, U.S. District Court, Eastern District of New York (No. 17-cv-04843). The Court has not yet decided the litigation. In the meantime, a consistency certification was submitted to NYSDOS for the disposal of dredged material at ELDS by Electric Boat Corporation. NYSDOS objected to the consistency determination on December 19, 2019.

The decision can be found at- https://www.dos.ny.gov/opd/programs/pdfs/consistencyDecisions/F-2019-0672%20OBJ-signed.pdf.

Electric Boat appealed NYSDOS’ Objection and asked the Secretary of Commerce to override NYSDOS’s Objection. The Secretary of Commerce is soliciting comments on the matter.

The deadline for comments is March 25, 2020

Information on commenting can be found at- https://www.federalregister.gov/documents/2020/02/24/2020-03577/federal-consistency-appeal-by-electric-boat-corporation


Local Waterfront Revitalization Programs

Prior to approval by the Secretary of State, the Office of Planning and Development issues a 60-day public notice on a community's draft Local Waterfront Revitalization Program (LWRP). For LWRPs in New York State’s coastal area, this notice also indicates that the draft local program will be submitted to the Office for Coastal Management in the U.S. Department of Commerce for review and approval as a program 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 Request to the Office of Coastal Management, Department of Commerce, to Incorporate the City of Buffalo Local Waterfront Revitalization Program (LWRP) into the New York State Coastal Management Program as a Program Change


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.

  • There are no notices at this time

 


Consistency Review

New York State Department of State
Public Notice - F-2020-0104
Date of Issuance – June 17, 2020

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-2020-0104, Jay Morrow is proposing to repair a wooden breakwall and installing rip rap backfill with wooden breakwall area. The stated purpose is to repair structures damaged by high water, utilizing rip rap rock to help prevent erosion and damage with the wooden breakwall structure.

The proposal is for 1752 Lake Road in the Town of Webster along Lake Ontario.

The applicant’s consistency certification and supporting information are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0104ForPN.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., 15 days from the date of publication of this notice, or, July 17, 2020.

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-2020-0424
Date of Issuance – June 17, 2020

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-2020-0424, The Village of Sodus Point is proposing to place rip rap shoreline protection along ~120 linear feet of currently unprotected Sodus Bay shoreline. The project is along Wickham Boulevard in the vicinity of the intersection of Wickham Boulevard and 4th Street, within the Village of Sodus Point, Wayne County.

The stated purpose of the proposed project is to Protect Village infrastructure from flooding and collapsing and/or discharging into Sodus Bay. Also, to protect a public walking trail along the shoreline.

The applicant’s consistency certification and supporting information are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0424ForPN.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., 15 days from the date of publication of this notice, or, July 2, 2020.

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-2020-0362
Date of Issuance – June 17, 2020

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.

In F-2020-0362, the Consolidated Edison Company of New York, Inc. is proposing to maintenance dredge an area to 21.0 feet below MLW plus an allowable over dredge of 2 feet. After dredging, the sediment is proposed to be transported to a designated area at the Historic Area Remediation Site (HARS) located approximately 6 miles off the coast of Sandy Hook, New Jersey. The project is at 9th Street - Pier 98, Block 1109, Lots 20 and 25, Manhattan, New York County, Hudson River.

The applicant’s consistency certification and supporting information are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0362_ConEd_App.pdf

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

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 July 17, 2020.

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-2020-0391
Date of Issuance – June 17, 2020

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.

In F-2020-0391 the applicant, Astoria Generating Company, LP, is proposing maintenance dredging within the existing footprint of two gas turbine barges to 15ft below MLLW. This project will remove approximately 5,900 cubic yards of sediment within an area of 48,600 square feet. The sediment is proposed for amendment and re-use upland at a permitted facility within New Jersey. This project is located at the Narrows Generating Station, 4 Whale Square, New York City, Kings County, Bay Ridge Channel in Upper New York Bay.

The applicant’s consistency certification and supporting information are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0391.pdf

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

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 July 2, 2020.

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-2020-0238
Date of Issuance – June 17, 2020

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.

In F-2020-0238, General Motors LLC (GE) is proposing the installation of wedge-wire screens at their existing GE Tonawanda Engine facility water intake structure located on the eastern shore of the Niagara River in Tonawanda, New York. The purpose of the proposed wedge-wire screens is to meet New York State Department of Environmental Conservation impingement and entrainment requirements for the issuance of a water withdrawal permit.

The applicant’s consistency certification and supporting information are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0238GeneralMotors.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 July 17, 2020.

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-2020-0389
Date of Issuance – June 17, 2020

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.

In F-2020-0389, 4 Fair Oaks Drive, LLC proposes to remove the existing dock and piles, and construct a new fixed catwalk and seasonal floating dock. The fixed catwalk (4'x 58') to be constructed from open-grate decking, and elevated 26" above MHW and 4' above vegetated wetlands. The catwalk will be connected to a seasonal ramp (3'x 15') and float (6'x 20'), constructed perpendicular to shoreline. Located at 4 Fair Oaks Drive, Quogue, NY 11942, Suffolk County on Stone Creek.

The applicant’s consistency certification and supporting information are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0389FairOaksDrive.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 July 17, 2020.

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-2020-0313
Date of Issuance – June 3, 2020

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-2020-0313, Daniel and Joan Profetta are proposing shoreline stabilization measures at their property at 3112 Bay Front Lane in the Town of Irondequoit. Shoreline The proposed shoreline stabilization measures include the placement of 43 linear feet of steel sheet pile within 12” (waterward) of an existing deteriorated sheet pile wall including the placement of toe stone extending an additional 3’ waterward of the new wall. In addition, the placement of 27 additional linear feet of steel sheet pile wall angling landward to meet the southern property line 15 feet landward of the existing sheet pile wall.

The applicant’s consistency certification and supporting information are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0313ForPN.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, July 3, 2020.

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-2020-0195
Date of Issuance – June 3, 2020

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.

In F-2020-0195, Diana Griffith is proposing to removal existing float piers and install a 3'x 30' aluminum ramp, 5'x 140' and 8'x 20' wood floating docks with 16 new timber piers. The project on Lloyd Harbor at 9 Oak Hill Road, Lloyd Harbor, NY 11743 in Suffolk County.

The applicant’s consistency certification and supporting information are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0195Griffith.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 July 3, 2020.

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-2020-0281
Date of Issuance – June 3, 2020

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. An electronic copy of the application can be downloaded at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0281-CampbellConsistencyCertification.pdf

In F-2020-0281, the applicant Douglas Campbell / Robert Campbell is proposing to dredge an area of approximately 10,081 sq. ft. to an approximate depth of -8 feet below the plane of mean low water (MLW) in Five Mile River in Norwalk, CT. An estimated volume of approximately 1,842 cu. yds. of material will be mechanically dredged and will be disposed of Central Long Island Sound Disposal Site (CLDS) or Western Long Island Sound Disposal Site (WLDS).

The New England District Army Corps of Engineers, in its June 7, 2018 suitability determination issued for NAE-2017-02847, has determined the dredged material to be unsuitable for un-confined open water disposal at either the CLDS or WLDS and has recommended alternatives available to the applicant. These include upland disposal, confined aquatic disposal, or biological testing of the materials to determine if they are suitable for unconfined open-water disposal.

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 by July 3, 2020.

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-2020-0282
Date of Issuance – June 3, 2020

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. An electronic copy of the application can be downloaded at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0282-CavanaghConsistencyCertification.pdf

In F-2020-0282, the applicant Keith Cavanagh / Cavanagh Marina is proposing to dredge an area of approximately 15,910 sq. ft. to a depth of –6’ MLW including an overdredge in five Mile River, Norwalk, CT. A volume of approximately 1,674 cu. yds. would be produced. The applicant proposes to mechanically dredge this material and dispose of it at the Central Long Island Sound Disposal Site (CLDS) or the Western Long Island Sound Disposal Site (WLDS).

The New England District Army Corps of Engineers, in its August 29, 2018 suitability determination issued for NAE-1996-01090, has determined the dredged material to be unsuitable for un-confined open water disposal at either the CLDS or WLDS and has recommended alternatives available to the applicant. These include upland disposal, confined aquatic disposal, or biological testing of the materials to determine if they are suitable for unconfined open-water disposal.

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 by July 3, 2020.

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-2020-0283
Date of Issuance – June 3, 2020

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. An electronic copy of the application can be downloaded at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0283-RandConsistencyCertification.pdf

In F-2020-0283, the applicants, Suzanne and Stanley Rand III, are proposing to dredge an area of approximately 3,684 sq. ft. to an approximate depth of -8 feet below the plane of mean low water (MLW) in the Five Mile River in Norwalk, CT. An estimated volume of approximately 1,062 cu. yds. of material will be mechanically dredged and disposed of Central Long Island Sound Disposal Site (CLDS) or Western Long Island Sound Disposal Site (WLDS).

The New England District Army Corps of Engineers, in its June 7, 2018 suitability determination issued for NAE-2002-02484, has determined the dredged material to be unsuitable for un-confined open water disposal at either the CLDS or WLDS and has recommended alternatives available to the applicant. These include upland disposal, confined aquatic disposal, or biological testing of the materials to determine if they are suitable for unconfined open-water disposal.

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 by July 3, 2020.

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-2020-0227
Date of Issuance – June 3, 2020

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. An electronic copy of the application can be downloaded at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0227-BayvilleConsistencyCertification.pdf

In F-2020-0227, the Village of Bayville is proposing Marina improvements as follows:

∙ Dredging of an approximately 73,305 square feet area to -6’ MLW for up to 11,950 cubic yards of dredged material;
∙ Dredging of an approximately 2,450 square feet area to a depth equal to the water-most depth of the boat ramp for up to 95 cubic yards of dredged material;
∙ Un-confined open water disposal of approximately 12,100 cubic yards of dredged material at the Western Long Island Sound Disposal Site (WLDS). The applicant has applied to the New England District Army Corps of Engineers and the material has been found suitable for un-confined open-water disposal at WLDS;
∙ Installation of approximately 21 cubic yards of rip rap adjacent to the boat ramp and dock landing [58’L x 5’W x 4’H];
∙ Installation of a new 4’ x 110’ main float and eight (8) new 2.5’ x 20’ finger floats secured by 8 piles, located and attached to the western-most side of the existing docks.

The proposed activity is located outside of the Oyster Bay National Wildlife Refuge, however, it is located within the Mill Neck Creek Beaver Brook and Frost Creek Significant Coastal Fish and Wildlife Habitat (SCFWH). The Narrative for the SCFWH can be found at: https://www.dos.ny.gov/opd/programs/consistency/Habitats/LongIsland/Mill_Neck_Creek_Wetlands.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 by July 3, 2020.

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-2020-0307
Date of Issuance – July 1, 2020

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.

In F-2020-0307 the applicant, Nick Messina, is proposing to install a 4’x75’ gravel pathway leading to a 4’x130’ open-grate decking catwalk, 4’ over grade, to another 4’x145’ gravel pathway, to a 4’x68’ open-grate decking catwalk, 4’ over grade, with access stairs down to the water. This project is located at 37 Bay Road, Village of Quogue, Suffolk County, Shinnecock Bay.

The applicant’s consistency certification and supporting information are available for review at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0307.pdf

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

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 July 31, 2020.           

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-2020-0136
Date of Issuance – July 1, 2020

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.

In F-2020-0136 the applicant, Nathan Hunter, is proposing to install a 4-tier Limestone rip rap retaining wall backfilled with gabion limestone, which will be covered with fabric and topped with topsoil, along the west edge of the property. This project is located at 6524 Montonna Shores Road W, Town of Lyme, Jefferson County, Lake Ontario.

The applicant’s consistency certification and supporting information are available for review at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0136.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 July 31, 2020.           

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.

 


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.