Public Notices
The Office of Planning and Development is required by state and federal regulations to issue public notices on various activities. See the listing below for more information on the program activities which require public notices.

Consistency Review

The Division of Development reviews the activities of federal agencies which may affect land and water uses and natural resources of New York State's federally defined coastal zone for consistency with the Coastal Management Program and approved Local Waterfront Revitalization Programs. These notices are issued during the course of the Division's review of proposed federal activities. They are issued weekly.


Local Waterfront Revitalization Programs

Prior to approval by the Secretary of State, the Division of Planning issues a 60-day public notice on a community's draft Local Waterfront Revitalization Program. In addition to seeking public comments, this notice indicates that the draft local program has been submitted to the Office for Coastal Management in the U.S. Department of Commerce for review and approval as a change to the State's Coastal Management Program. These notices are issued periodically.


Coastal Management Program Amendments or Routine Changes

The Office of Planning and Development may periodically propose amendments or changes to the State's Coastal Management Program. Public notice will be issued by the Office indicating that a proposed amendment or routine change has been submitted to the Office for Coastal Management of the U.S. Department of Commerce for review and approval and, if necessary, indicate that a public hearing will be held. This notice may be issued for incorporating state designated significant coastal fish and wildlife habitats or scenic areas of statewide significance into the program, modifying the coastal zone boundary, changing the program's coastal policies or their enforceable laws and regulations, or other program revisions. A notice will also be issued by the Office indicating that an amendment or routine change has been approved by the U.S. Department of Commerce and stating the effective date of the amendment or change.

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

 

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

 


Brownfield Opportunity Areas Program Conformance Review

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

Public Notice - Brownfield Opportunity Area, Conformance Determination.
Project: Thin Man Brewing.
Location: Tonawanda Street Corridor Brownfield Opportunity Area
City of Buffalo, Erie County.

 


Consistency Review

 

New York State Department of State
Public Notice - F-2019-0375
Date of Issuance – June 12, 2019

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-2019-0375 or the “Gordon Property Erosion Protection”, the applicant Susan Brienza Gordon, is proposing construction of 225 linear feet of retaining wall, including returns within the area adjacent to tidal waters landward of the mean high-water elevation. Placing armor stone necessary for wave and scour protection seaward of the proposed structure and replacing the destroyed timber stairs. The project is located at 1240 Latham Lane, Orient, Suffolk County in the Long Island Sound.
.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0375_Gordon_Prop_App.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 12, 2019.

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-2019-0205
Date of Issuance – June 12, 2019

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-2019-0205 or the “50 Schooner Lane Project”, the applicant Peter and Diane Mollica, is proposing an installation of new bulkhead placed 5’ landward of existing bulkhead and new floating dock to replace existing floating dock. The project is located at 50 Schooner Lane, Town of Southold, Suffolk County, in a dredged canal.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0205_50_Schooner_Ln_App.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 12, 2019.

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-2019-0202
Date of Issuance – June 12, 2019

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-2019-0202 or the “Flanagan Ramp and Float Addition”, the applicant Brigid Flanagan, is proposing an installation of a 3’ x 12’ seasonal aluminum ramp onto an 8’ x 24’ seasonal floating dock in an “L” configuration at the offshore end of the existing fixed dock anchored by two 8” diameter pilings. The project is located at 49 Winthrop Road, Shelter Island, Suffolk County, on Dering Harbor.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0202_Flanangan_App.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 12, 2019.

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-2019-0485
Date of Issuance – June 12, 2019

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-2019-0485 or the “Amass Property Dock”, the applicant The Amass Family 2012 Irrevocable Trust, is proposing to remove an existing dock (3’ x 28’ fixed catwalk, 3’ x 8’ ramp, 6’ x 20’ float, two 4’ x 20’ floats and seven mooring piles) and construction of a new dock consisting of a 3’ x 10’ ramp up to a 3’ x 72’ fixed catwalk and a 4’ x 50’ catwalk in an “L” formation, supported by 6” x 6” posts. All wood utilized is non-treated and all decking will be open-grate. The project is located at 44 East Beach Drive, Town of Southampton, Suffolk County, in Wooley Pond
.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0485_Amass_App.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 12, 2019.

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-2019-0203
Date of Issuance – June 12, 2019

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-2019-0203 or the “Obadiah Residence Project”, the applicant Barry Obadiah, is proposing an installation of a new 3’ x 20’ ramp to a 8’ x 20’ float, a new 22,000 lb boat lift with four lift piles on one side of property, and a 6’ x 6’ knee dock with 2 piles to a 3’ x 20’ ramp to a 6’ x 60’ floating dock with four mooring piles on the Ouimet Canal side of property. The project is located at 100 Boyd Street, Long Beach, Nassau County, on Reynolds Channel.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0203_Obadiah_App.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 12, 2019.

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-2019-0437
Date of Issuance – June 12, 2019

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-2019-0437, Daniel & Marie Edwards are proposing to construct a dock consisting of 4'x5' steps up to a 4'x75' catwalk, supported by 6"x6" posts; 3'x12' ramp; and 6'x20' float supported by two 8" diameter piles; all decking to be open-grate, all wood to be untreated. The project is located at 4447 Noyack Road, Sag Harbor, NY 11963 on Sag Harbor Cove.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0437Daniel&MarieEdwards.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 12, 2019.

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-2017-0612
Date of Issuance – June 12, 2019

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. The project description, consistency certification, and coastal policy analysis are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2017-0637_NESE.PartialApp ForPN.pdf

This project was also the subject of a coordinated Environmental Review. The Federal Energy Regulatory Commission (FERC) is the lead agency for the environmental review of interstate natural gas pipelines under the federal Natural Gas Act. FERC staff prepared a Final Environmental Impact Statement (FEIS), dated January 25, 2019 for the NESE Project, Docket No. CP17-101, pursuant to the National Environmental Policy Act (NEPA). The FERC FEIS can be viewed and downloaded at: https://elibrary.ferc.gov/idmws/docket_search.asp by entering the Docket No. and the date of the FEIS in the search boxes.

In F-2017-0612, Transcontinental Gas Pipe Line Company, LLC is proposing the Northeast Supply Enhancement Project (NESE Project), which involves installing and operating a 26-inch diameter pipeline that would transport natural gas from Pennsylvania through New Jersey, travelling underwater in the Raritan Bay and Lower New York Bay to approximately three miles offshore of the Rockaway Peninsula in Queens Borough. The NESE Project includes components in Pennsylvania, New Jersey, and New York, although the activity subject to consistency review only pertains to aspects of the NESE Project that may affect New York’s coastal uses and resources.

The NESE Project would connect to the existing Rockaway Delivery Lateral in Queens and would provide 400,000 dekatherms per day of incremental capacity to National Grid to serve customers in Brooklyn, Queens, and Long Island. Approximately 23.5 miles of underwater pipeline would be installed, of which approximately 17.4 miles would be in New York State waters (Queens County and Richmond County). The NESE Project would be installed a minimum of 4 feet below the sea floor through a combination of jet trenching, clamshell dredging and horizontal directional drilling (HDD). Deeper burial depths are proposed beneath navigational channels.

Construction would be phased to minimize potential impacts to marine habitats and potential use conflicts. The stated purpose of the project is to support the long-term growth, reliability, and flexibility of National Grid’s existing natural gas system as well as help displace the use of oil.

The proposed activity would be undertaken within the New York City Waterfront Revitalization Program (WRP). As the WRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies, which are available for review at:
https://waterfrontnavigator.nyc/agency-contacts-information/nyc-dcp/

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 12, 2019.

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-2019-0409
Date of Issuance – June 19, 2019

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-2019-0409, Michael Ferrante is proposing the reconfigure of an existing platform, extend pier by 20' and install a 4-pile boat lift. Install stairway at head of pier for access. Remove existing ramp and float. The project is located at 1117 West Park Avenue, Long Beach, NY 11561 on Reynolds Channel.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0409Ferrante.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 19, 2019.

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-2019-0384
Date of Issuance – June 19, 2019

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-2019-0384 or the “Sunrise Tuthill I, LLC Dock”, the applicant Sunrise Tuthill I, LLC, is proposing to install an additional ADA compliant dock assembly includes a 7’ x 10’ fixed platform, a 6’ x 20’ fixed ramp, a 6’ x 10’ fixed platform, a 5’ x 20’ ramp, a 5’ x3’ transition plate down to the 40’ x 8; floating dock. The project is located at 65 Tuthill Road, Town of East Hampton, Suffolk County, in Fort Pond Bay.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0384_Sunrise_Tuthill_App.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 19, 2019.

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-2019-0235
Date of Issuance – June 19, 2019

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-2019-0235 or the “Algal Turf Scrubber Durand Eastman Park”, the applicant Monroe County Soil and Water Conservation District, is proposing to construct a roughly 250’ x 4’ Algal Turf Scrubber structure to reduce nutrients in an unnamed tributary (B) in the Durand Eastman Watershed. The project is located at 1570 Lake Shore Boulevard, Rochester, Monroe County in Salmon Creek.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0235_MonroeSWCD_App.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 19, 2019.

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-2019-0050
Date of Issuance – June 19, 2019

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-2019-0050, Hudson Valley Arts and Science in collaboration with the Village of Ossining is proposing a 10 foot wide by 260 long extension of an existing pier. From the pier extension they are proposing two transient dock facilities that would be connected to pier with ADA compliant ramps and would allow for the mooring of up to 9 recreational vessels each. In addition, they are proposing a 10’ x 60’ floating dock connected to the pier extension with a 40’ long ADA compliant ramp that would accommodate the mooring of two larger vessels.

The proposal would be located in the Village of Ossining and would extend from an existing Village owned pier and run parallel to an existing dock used by Metro North, New York Waterward Ferry.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0050ForPN.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 19, 2019.

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-2019-0252
Date of Issuance – June 26, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

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

https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0252_ApplicationforPN.pdf


In F 2019 0252, New York Power Authority (NYPA) is proposing the Massena Intake Boat Launch Site Improvements Project at Route 131, Town of Massena, St. Lawrence County. The proposed activity would expand the width of the existing boat launch from 4 to 8 lanes, install 2 new permanent piers (6’x60’ and 6’x24’), construct a permanent, year-round dock (6’x400’) adjacent to the riprap shoreline, and install 12 seasonal, floating finger docks (4’x24’ each) that will attach to the boardwalk to support recreational boating and fishing access. These improvements would result in permanent impacts below ordinary high water (OHW) of 0.10 acres of fill associated with the concrete boat ramps, 0.03 acres of riprap fill for slope protection around the new boat ramp, and installation of 152 steel H-piles in total for the dock and piers. A total of 0.07 acres of permanent dock/piers and a total of 0.03 acres of seasonal docking would extend over OHW. Other improvements within the coastal area consist of expanding the paved launch area, improving traffic flow, installing two new pavilions and new restrooms, and undertaking septic upgrades. The stated purpose of the activity is to improve and expand the existing boat launch site.

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 7/11/2019.

Comments should be addressed to the New York State Department of State, Office of Coastal, Local Government and Community Sustainability, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474 6000; Fax (518) 473 2464.

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

 

New York State Department of State
Public Notice - F-2019-0487
Date of Issuance – July 10, 2019

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-2019-0487 or the “Upper Niagara River Tern Nesting Island”, the applicant Buffalo Audubon Society, is proposing to construct a Common Tern nesting island and install emergent vegetation habitat within the Niagara River, west of Strawberry Island.   The project is located at City of Tonawanda, Erie County in the Niagara River.                                                                   

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0487_Buffalo Audubon 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, August 9, 2019.                  

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-2019-0044
Date of Issuance – July 10, 2019

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-2019-0044 or the “4 Shore Rd Project”, the applicant Robert Goodman, is proposing to maintain and repair the existing seawall and install an outfall in the seawall to manage stormwater.  The proposed maintenance will take place in the footprint of the existing structure.  The outfall will manage stormwater and help prevent sedimentation into the sound.  The outfall will be installed on the northernmost section of the wall.  The diameter is 12: with the invert at 6.5 feet above current elevation.  The project is located at 4 Shore Road, Village of Mamaroneck, Westchester County, in Long Island Sound.                                                                   

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0044_4ShoreRd_App.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 25, 2019.                     

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-2019-0594
Date of Issuance – July 10, 2019

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-2019-0594 or the “Shore Road Park Project”, the applicant Village of Lindenhurst, is proposing to install a rock sill near low water elevation, living shoreline of spartina, upper rock sill to provide erosion protection during high-tide events, beach area for passive public usage and ancillary connection to existing park drainage.   The project is located at Shore Road Park, Shore Road, Village of Lindenhurst, Suffolk County in Great South Bay.                                                                   

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0594_Shore_Rd_Park_App.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, August 9, 2019.                  

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-2019-0298
Date of Issuance – July 10, 2019

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-2019-0298 or the “Tompkins Bulkhead Elevation and Pier Construction”, the applicant Brian Tompkins, is proposing to elevate 68.5 linear feet of functioning and lawfully existing bulkhead, including returns and parallel capping boardwalks within littoral zone in-place (without seaward expansion).  Construction of a 34’ x4’ timber pier, relocation of an existing 30’ x 9’ floating head dock and a 20’ 3’ access gangway and relocation of an existing 4-pile 7,000 lb. boat lift.   The project is located at 3947 Greentree Drive in the Town of Hempstead, Nassau County in Garretts Lead.                                                                   

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0298_Tompkins_App.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, August 9, 2019.                  

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-2019-0514
Date of Issuance – July 10, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2019-0514, the Towns of Sandy Creek and Richland, Oswego County are seeking authorization under a U.S. Army Corps of Engineers nationwide permit #12 – to conduct the Richland-Sandy Creek Joint Water Project.  The project will install approximately 19 miles of new water main throughout the Town of Sandy Creek (new Water District No. 3) and will install approximately 16 miles of new water main throughout the Town of Richland (new Water District No. 5), and approximately 645 service laterals.  In addition, improvements will be made to three (3) existing wells (Schoeller Well Site) and one shall be brought into service as a backup water supply for the Towns.
The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York. Or at the following hyperlink https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0514_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., 15 days from the date of publication of this notice or July 25, 2019.           

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.  Comments can also be submitted electronically via e-mail to:  CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2019-0606
Date of Issuance – July 10, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program. 

The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York and are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0606_ApplicationForPN.pdf

In F-2019-0606, America Europe Connect 2 USA, is proposing the HAVFRUE Cable System Project. The applicant proposes to install one submarine fiber optic cable (or cable) in the Atlantic Ocean from the Borough of Avon-by-the-Sea, Monmouth County, New Jersey to Ireland, Norway, and Denmark. The proposed activity is located in the New York Bight, approximately 17 nautical miles south of New York’s Coastal Zone at its closest point. The stated purpose of the activity is to provide telecommunications connectivity in the United States and Europe.

The activity would involve installing approximately 4,769 miles of 1.41-inch maximum diameter cable. The cable would originate in an existing 5-inch diameter steel conduit located in an upland paved parking lot in Avon-by-the-Sea, New Jersey and extend through the conduit approximately 2,444 linear feet offshore where the conduit terminates. From the offshore end of the conduit to a location where a water depth of approximately 3,281 feet (1,000 meters) is encountered, the cable will be buried to depths ranging from approximately 0.8 feet to 6.6 feet. Beyond the 3,281-foot water depth, the cable would be surface laid on the ocean floor until it exits the U.S. Exclusive Economic Zone, continuing to its endpoints in Ireland, Norway, and Denmark. Additionally, an earth ground anode array and cable measuring 2,625 feet would be installed and buried approximately 3.9 feet below the seabed. Approximately 2,545 linear feet of ground cable would be located within the existing conduit, and approximately 65 to 85 feet of ground cable would extend from the end of the conduit. The proposed activity would temporarily disturb approximately 260 acres of ocean bottom.

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, August 9, 2019.                  

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-2019-0155
Date of Issuance – July 10, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York and is available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0155_ApplicationforPN.pdf

The proposed activity is also the subject of a related application under Article VII of the New York State Public Service Law. Additional information on the Article VII Application for the Pipeline E37 Reliability and Resiliency Project (19-T-0069) can be found here:
http://documents.dps.ny.gov/public/MatterManagement/CaseMaster.aspx?MatterCaseNo=19-T-0069

In F-2019-0155, Niagara Mohawk Power Corporation doing business as National Grid (herein referred to as National Grid) is proposing the Pipeline E37 Reliability and Resiliency Project. The stated purpose of the Project is to improve system reliability to existing customers as well as allowing continued system growth.

The Project proposes to install approximately 7.3 miles of 16-inch diameter steel gas transmission pipeline in the Town of Bethlehem, Albany County and the Towns of East and North Greenbush, Rensselaer County. The gas transmission main would connect the south end of the Albany transmission loop (“Albany Loop”) in Bethlehem to the northeast end in North Greenbush. The DOS consistency review only pertains to aspects of the Project that may affect New York’s coastal uses and resources. The pipeline would be installed through a combination of open trench methods, horizontal directional drilling (HDD), and conventional bore, including HDD under the Hudson Riverbed. There are no anticipated permanent losses of wetlands or watercourses resulting from Project construction and operation; however permanent habitat conversion within wetlands is anticipated.

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 August 9, 2019.       

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-2019-0364
Date of Issuance – July 10, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program.  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York and is available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0364_Application.pdf

      In F 2019 0364, Mr. Patrick O'Brien is proposing to install a new, private dock in Little Bay at 27 View Road, Town of Brookhaven, Suffolk County. The proposed fixed dock would include timber stairs (3 feet wide x 19 feet long) leading to an elevated walkway with Thruflow decking and steel ladder at its waterward terminus (4 feet wide x 103.5 feet long). The total length of the structure would extend approximately 121 linear feet past mean high water and would not reach or extend past mean low water. The structure would span vegetated tidal wetlands. The stated purpose of the activity is to construct a dock for recreational use.
The proposed activity would be located within or has the potential to affect the following Special Management or Regulated Area(s):                          
            Long Island Sound Coastal Management Program: https://www.dos.ny.gov/opd/programs/WFRevitalization/longisland.html; and

             Conscience Bay, Little Bay, and Setauket Harbor Significant Coastal Fish and Wildlife Habitat: https://www.dos.ny.gov/opd/programs/consistency/scfwhabitats.html

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or August 9, 2019.

Comments should be addressed to the New York State Department of State, Office of Coastal, Local Government and Community Sustainability, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474 6000; Fax (518) 473 2464.

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

 

New York State Department of State
Public Notice - F-2019-0286
Date of Issuance – July 10, 2019

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: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0286OGSEmpireStatePlazaWedgewireScreen.pdf

In F-2019-0286, or the “OGS Empire State Plaza Wedgewire Screen & Pump Station Upgrades”, the applicant New York State Office of General Services – proposes to install four fine slot wedgewire screens in front of the existing screenhouse within the Hudson River. The wedgewire screen modifications will require dredging and mass/debris removal in the river outside the screenhouse. Installation of piles to support the weight of the new equipment and installation of piles to protect the screens are proposed. Construction sheeting, riprap, a concrete manifold, cylindrical wedgewire screens and a lattice structure are proposed. The stated purpose of the project is to “address the NYSDEC Water Withdrawal and SPDES permit renewal for operating the central air conditioning plant for the Empire State Plaza. The modifications will bring the systems into compliance with 6 NYCRR Part 704 and the Clean Water Act (CWA) Section 316 rule”. The proposed project activities will occur in the Hudson River, east of Rensselaer Street in the City of Albany, Albany County.

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, August 9, 2019.                   

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-2019-0270
Date of Issuance – July 10, 2019

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: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0270HavensBeachDrainage.pdf

In F-2019-0270, or the “Village of Sag Harbor Havens Beach Drainage Project”, the applicant the Village of Sag Harbor – proposes to install a twenty-four inch HDPE pipe adjacent to an existing fifteen inch pipe. The proposed twenty-four inch HDPE will run parallel to the existing fifteen inch pipe. The proposed pipe inlet will be located at the existing catch basin on Hempstead Street, the same inlet location as the fifteen inch pipe. The proposed pipe will discharge into an existing grass swale, the same discharge location as the existing eighteen inch pipe discharges. An additional set of parallel pipes are located at the end of the grass swale and discharge onto Havens Beach. The applicant proposes to install riprap at the discharge point of the existing parallel pipes that discharge onto Havens Beach. In addition, the applicant proposes to install a new top slab and access hatch on the Smart Sponge Chamber. The Smart Sponge chamber is located on the western pipe of the parallel pipes that discharge onto Havens Beach.  The stated purpose of the project is to “reduce flooding along Hempstead Street, maintain phragmites within drainage ditch to prevent loose material from blocking flow path in drainage ditch and outcompeting with the current water plants, and to improve access to the existing Smart Sponge Chamber which reduces bacteria, hydrocarbons, and particulate pollution from entering the bay”. The proposed project activities will occur on Hempstead Street, Havens Beach Road and Havens Beach in the Village of Sag Harbor, Suffolk County on Sag Harbor Bay/Peconic Estuary.

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, August 9, 2019.                   

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.


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: Thin Man Brewing.
Location: Tonawanda Street Corridor Brownfield Opportunity Area
City of Buffalo, Erie County

In accordance with General Municipal Law, Article 18 - C, Section 970-r, the Secretary of State designated the Tonawanda Street Corridor Brownfield Opportunity Area, in the City of Buffalo, on November 27, 2017. The designation of the Tonawanda Street Corridor 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 February 11th, 2019 27 Chandler Street LLC/37 Chandler Street LLC submitted a request for the Secretary of State to determine whether the Thin Man Brewing (166 Chandler Street), which will be located within the designated Tonawanda Street Corridor Brownfield Opportunity Area, conforms to the goals and priorities identified in the Nomination that was prepared for the designated Tonawanda Street Corridor 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 at: https://www.dos.ny.gov/opd/programs/pdfs/BOA/166 Chandler Conformance Application.pdf

Comments must be submitted no later than May 30th, 2019, 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.

 

 

 


Department of State, Office of Planning and Development
Public Notices
The Office of Planning and Development is required by state and federal regulations to issue public notices on various activities. See the listing below for more information on the program activities which require public notices.

Consistency Review

The Division of Development reviews the activities of federal agencies which may affect land and water uses and natural resources of New York State's federally defined coastal zone for consistency with the Coastal Management Program and approved Local Waterfront Revitalization Programs. These notices are issued during the course of the Division's review of proposed federal activities. They are issued weekly.


Local Waterfront Revitalization Programs

Prior to approval by the Secretary of State, the Division of Planning issues a 60-day public notice on a community's draft Local Waterfront Revitalization Program. In addition to seeking public comments, this notice indicates that the draft local program has been submitted to the Office for Coastal Management in the U.S. Department of Commerce for review and approval as a change to the State's Coastal Management Program. These notices are issued periodically.


Coastal Management Program Amendments or Routine Changes

The Office of Planning and Development may periodically propose amendments or changes to the State's Coastal Management Program. Public notice will be issued by the Office indicating that a proposed amendment or routine change has been submitted to the Office for Coastal Management of the U.S. Department of Commerce for review and approval and, if necessary, indicate that a public hearing will be held. This notice may be issued for incorporating state designated significant coastal fish and wildlife habitats or scenic areas of statewide significance into the program, modifying the coastal zone boundary, changing the program's coastal policies or their enforceable laws and regulations, or other program revisions. A notice will also be issued by the Office indicating that an amendment or routine change has been approved by the U.S. Department of Commerce and stating the effective date of the amendment or change.

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

 

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

 


Brownfield Opportunity Areas Program Conformance Review

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


Consistency Review

                                                  

New York State Department of State
Public Notice - F-2018-1144
Date of Issuance – January 16, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2018-1144, the applicant, Greenway Conservancy for the Hudson River Valley, proposes to construct the Albany Hudson Electric Trail (AHET/ the project), a 36 mile long pedestrian and bicycle trail.  The trail will cross through two counties (Rensselaer Co. and Columbia Co.), beginning at the northern end in the City of Rensselaer and ending in the Town of Greenport, approximately 0.5 miles north of the City of Hudson.  The proposed project will be comprised of a combination of off-road trails (utilizing an electric utility corridor owned by National Grid) and on-road bike paths, sidewalks, and sidepaths (utilizing local, county, and state roadways).  The purpose of the AHET is to provide residents and visitors with a new bicycle and pedestrian trail in Rensselaer and Columbia Counties to serve many public benefits for the region and to serve as a key connection for the statewide trail system – The Empire State Trail – a continuous 750 mile bicycling and pedestrian path from New York City to Canada and Buffalo to Albany. 

The proposed trail will encompass approximately 27 miles of off-road and 9 miles of on-road facilities.  Traversing Rensselaer County, the project runs from its point of beginning in the City of Rensselaer, southeast through the Towns of East Greenbush, Schodack, and the Town and Village of Nassau.  The trail then runs southwest through Columbia County, bisecting the Towns of Chatham and Kinderhook, the Villages of Valatie and Kinderhook, and the Towns of Stuyvesant, Stockport, and Greenport before reaching its southern terminus just north of the City of Hudson.  The trail will generally follow a 60 foot wide corridor comprised of both the National Grid right-of-way and roadway corridors.  The National Grid ROW once served as the former Albany-Hudson trolley line.

Construction of trail components will entail installation of the trail surface, site grading, installation of culverts, and small bridges.  Permanent filling impacts to wetlands and streams associated with this work will total 1.921 acres.  A total of 13 streams will be crossed, affecting a total of 854 linear feet of stream channel.  To offset this direct impact of cumulative wetland area loss to fill activities, the applicant proposes to implement a wetland mitigation project at Schodack Island State Park.  This location lies within the same watershed as the trail corridor and has therefore been accepted by regulatory agencies (USACE and NYSDEC) as an appropriate location for wetland mitigation. 

Conceptually, the proposed mitigation project will restore an historic side channel which once connected sections of the Hudson River through Schodack Island.  Schodack Island is now a peninsula, created by the comprehensive filling of riverine and wetland areas between what were once five separate islands.  The proposed mitigation project would create a 10 foot deep and 50 foot wide channel cut of approximately 530 linear feet, restoring flow, tidal influence, and aiming to restore 2.33 acres of wetland habitat.  An estimated 9,800 cubic yards of low elevation upland material would be excavated to accomplish the channel cut.  Enhancement of wetland conditions and vegetative cover along these shorelines will be incorporated into the final mitigation design.  All activities proposed (trail and mitigation project) will be authorized under a U.S. Army Corps of Engineers individual permit.

The section of the Hudson River where the planned mitigation project will take place is within a state-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) –Schodack and Houghtaling Islands and Schodack Creek.  More information regarding this designation and the Schodack Island SCFWH may be found at:
https://www.dos.ny.gov/opd/programs/consistency/scfwhabitats.html

Trail-building activities would be undertaken within two Local Waterfront Revitalization Program (LWRP) planning areas – The City of Rensselaer and the Town of Schodack.  As LWRPs are recognized components of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies.  For LWRP specific information please visit:
https://docs.dos.ny.gov/opd-lwrp/LWRP/Rensselaer_C/Index.html
https://docs.dos.ny.gov/opd-lwrp/LWRP/Schodack_T,%20CasteltonOnHudson_V/Index.html

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or February 15, 2018.  

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.  Comments can also be submitted electronically via e-mail to:  CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2018-1292
Date of Issuance – January 23, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2018-1292, the applicant, Whitney Museum of American Art (WMAA) in close coordination with the Hudson River Park Trust (HRPT), is seeking authorizations to erect the Day’s End Public Art Installation (“the installation”) at the Gansevoort Peninsula within Hudson River Park at the end of Gansevoort Street in the borough of Manhattan.  The proposed public art installation would be a sculpture located partially within the Hudson River and partially on the shoreline of the Gansevoort Peninsula and would be consistent with the historic footprint of the former Pier 52.  Day’s End is a site-specific, skeletal, stainless steel structure without walls or floors.  The sculpture consists of 8-inch diameter stainless steel columns connected by horizontal beams to recreate the dimensions and shape of the original outline of the former Pier 52 shed building, measuring 325 feet long by 65 feet wide and approximately 52 feet tall.  The framework will be installed above narrow concrete columns supported by steel pipe piles.  Construction is scheduled to begin in May 2019 and would be completed over a 12-month period, including a 4-month duration for in-water construction activities.

In 2018, the Hudson River Park Act, which created the Park and HRPT, was amended specifically to authorize the Day’s End installation in this location.  The installation is intended to complement the adjacent Whitney Museum of American Art “and, consistent with the Hudson River Park Act, to promote the arts and enhance public open space within the Park with public art that references site-specific cultural and historic aspects of the Hudson River”.
The project site is located within a State-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) – Lower Hudson Reach.  More information regarding this designation and the specific habitat values may be found at:
https://www.dos.ny.gov/opd/programs/consistency/scfwhabitats.html
https://www.dos.ny.gov/opd/programs/consistency/Habitats/nyc/Lower_Hudson_Reach.pdf

The proposed activities would be undertaken within the New York City Waterfront Revitalization Program (WRP) planning area.  As the WRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. More information regarding the WRP and its policies may be found at:
https://docs.dos.ny.gov/opd-lwrp/LWRP/New%20York%20City/IndexAmd2.html

The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York. Or at the following hyperlink https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-1292_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 February 22, 2019.  

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.  Comments can also be submitted electronically via e-mail to:  CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2018-0987
Date of Issuance – February 13, 2019

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 https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0987Losquadro&MoyerBulkhead.pdf

In F-2018-0987, or the “Losquadro & Moyer Bulkhead”, the applicant – Gerri Losquardo & Lynn Moyer– proposes to construct a 79 foot timber navy style bulkhead with a 30 foot return to the west.  The project is located on Great South Bay, at 246 Bayview Walk, in the Town of Cherry Grove, within Fire Island, Suffolk County. The application states purpose of the project is to “protect upland area from raising sea levels and wave action threatening the existing house deck and property”.

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, February 28, 2019.             

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-2018-1265
Date of Issuance – February 13, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2018-1265, the applicant, PWIB Claudio Real Estate, LLC, is seeking permit authorization(s) required to rehabilitate aging, failing bulkheads, dock, decking, and other structural members associated with the operation of an historic dining establishment in the Village of Greenport, Suffolk County.  The site is a commercial waterfront property with dockage and has been continuously operated as a single-family run restaurant (known commonly as Claudio’s Restaurant and Clam Bar) for well over a century.      

New owners, since 2017, are proposing to continue operation as Claudio’s and are seeking permits to perform renovations which will entail necessary safety improvements including replacement of existing failing bulkheads, replacement and upgrades to structural framing components and pilings, and complete removal and replacement of a wooden deck system of the Clam Bar dock at the southeastern water edge of the property.  New structures will be updated to meet today’s industry standards and anticipated loading conditions.

The proposed activities would be undertaken within the Village of Greenport Local Waterfront Revitalization Program (LWRP) planning area.  As the LWRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. More information regarding the LWRP and its policies may be found at: 
https://docs.dos.ny.gov/opd-lwrp/LWRP/Greenport_V/Index.html

The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York. Or at the following hyperlink https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-1265_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 March 15, 2018.       

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.  Comments can also be submitted electronically via e-mail to:  CR@dos.ny.gov.

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


Local Waterfront Revitalization Program



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

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

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

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

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

Removal of expired or repealed New York State statutes include:

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

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

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

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

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

 

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

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


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

State/Local Legal Citation

Date Adopted by the Municipality

Date Effective in State

ADDED:

 

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

Art. 42 of the NYS Executive Law

4/18/2016

5/15/2017

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

 

 


Brownfield Opportunity Areas Program Conformance Review


 


Department of State, Office of Planning and Development
Public Notices
The Office of Planning and Development is required by state and federal regulations to issue public notices on various activities. See the listing below for more information on the program activities which require public notices.

Consistency Review

The Division of Development reviews the activities of federal agencies which may affect land and water uses and natural resources of New York State's federally defined coastal zone for consistency with the Coastal Management Program and approved Local Waterfront Revitalization Programs. These notices are issued during the course of the Division's review of proposed federal activities. They are issued weekly.


Local Waterfront Revitalization Programs

Prior to approval by the Secretary of State, the Division of Planning issues a 60-day public notice on a community's draft Local Waterfront Revitalization Program. In addition to seeking public comments, this notice indicates that the draft local program has been submitted to the Office for Coastal Management in the U.S. Department of Commerce for review and approval as a change to the State's Coastal Management Program. These notices are issued periodically.


Coastal Management Program Amendments or Routine Changes

The Office of Planning and Development may periodically propose amendments or changes to the State's Coastal Management Program. Public notice will be issued by the Office indicating that a proposed amendment or routine change has been submitted to the Office for Coastal Management of the U.S. Department of Commerce for review and approval and, if necessary, indicate that a public hearing will be held. This notice may be issued for incorporating state designated significant coastal fish and wildlife habitats or scenic areas of statewide significance into the program, modifying the coastal zone boundary, changing the program's coastal policies or their enforceable laws and regulations, or other program revisions. A notice will also be issued by the Office indicating that an amendment or routine change has been approved by the U.S. Department of Commerce and stating the effective date of the amendment or change.

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

 

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

 


Brownfield Opportunity Areas Program Conformance Review

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


Consistency Review

                                                  

New York State Department of State
Public Notice - F-2018-1144
Date of Issuance – January 16, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2018-1144, the applicant, Greenway Conservancy for the Hudson River Valley, proposes to construct the Albany Hudson Electric Trail (AHET/ the project), a 36 mile long pedestrian and bicycle trail.  The trail will cross through two counties (Rensselaer Co. and Columbia Co.), beginning at the northern end in the City of Rensselaer and ending in the Town of Greenport, approximately 0.5 miles north of the City of Hudson.  The proposed project will be comprised of a combination of off-road trails (utilizing an electric utility corridor owned by National Grid) and on-road bike paths, sidewalks, and sidepaths (utilizing local, county, and state roadways).  The purpose of the AHET is to provide residents and visitors with a new bicycle and pedestrian trail in Rensselaer and Columbia Counties to serve many public benefits for the region and to serve as a key connection for the statewide trail system – The Empire State Trail – a continuous 750 mile bicycling and pedestrian path from New York City to Canada and Buffalo to Albany. 

The proposed trail will encompass approximately 27 miles of off-road and 9 miles of on-road facilities.  Traversing Rensselaer County, the project runs from its point of beginning in the City of Rensselaer, southeast through the Towns of East Greenbush, Schodack, and the Town and Village of Nassau.  The trail then runs southwest through Columbia County, bisecting the Towns of Chatham and Kinderhook, the Villages of Valatie and Kinderhook, and the Towns of Stuyvesant, Stockport, and Greenport before reaching its southern terminus just north of the City of Hudson.  The trail will generally follow a 60 foot wide corridor comprised of both the National Grid right-of-way and roadway corridors.  The National Grid ROW once served as the former Albany-Hudson trolley line.

Construction of trail components will entail installation of the trail surface, site grading, installation of culverts, and small bridges.  Permanent filling impacts to wetlands and streams associated with this work will total 1.921 acres.  A total of 13 streams will be crossed, affecting a total of 854 linear feet of stream channel.  To offset this direct impact of cumulative wetland area loss to fill activities, the applicant proposes to implement a wetland mitigation project at Schodack Island State Park.  This location lies within the same watershed as the trail corridor and has therefore been accepted by regulatory agencies (USACE and NYSDEC) as an appropriate location for wetland mitigation. 

Conceptually, the proposed mitigation project will restore an historic side channel which once connected sections of the Hudson River through Schodack Island.  Schodack Island is now a peninsula, created by the comprehensive filling of riverine and wetland areas between what were once five separate islands.  The proposed mitigation project would create a 10 foot deep and 50 foot wide channel cut of approximately 530 linear feet, restoring flow, tidal influence, and aiming to restore 2.33 acres of wetland habitat.  An estimated 9,800 cubic yards of low elevation upland material would be excavated to accomplish the channel cut.  Enhancement of wetland conditions and vegetative cover along these shorelines will be incorporated into the final mitigation design.  All activities proposed (trail and mitigation project) will be authorized under a U.S. Army Corps of Engineers individual permit.

The section of the Hudson River where the planned mitigation project will take place is within a state-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) –Schodack and Houghtaling Islands and Schodack Creek.  More information regarding this designation and the Schodack Island SCFWH may be found at:
https://www.dos.ny.gov/opd/programs/consistency/scfwhabitats.html

Trail-building activities would be undertaken within two Local Waterfront Revitalization Program (LWRP) planning areas – The City of Rensselaer and the Town of Schodack.  As LWRPs are recognized components of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies.  For LWRP specific information please visit:
https://docs.dos.ny.gov/opd-lwrp/LWRP/Rensselaer_C/Index.html
https://docs.dos.ny.gov/opd-lwrp/LWRP/Schodack_T,%20CasteltonOnHudson_V/Index.html

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or February 15, 2018.  

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.  Comments can also be submitted electronically via e-mail to:  CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2018-1292
Date of Issuance – January 23, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2018-1292, the applicant, Whitney Museum of American Art (WMAA) in close coordination with the Hudson River Park Trust (HRPT), is seeking authorizations to erect the Day’s End Public Art Installation (“the installation”) at the Gansevoort Peninsula within Hudson River Park at the end of Gansevoort Street in the borough of Manhattan.  The proposed public art installation would be a sculpture located partially within the Hudson River and partially on the shoreline of the Gansevoort Peninsula and would be consistent with the historic footprint of the former Pier 52.  Day’s End is a site-specific, skeletal, stainless steel structure without walls or floors.  The sculpture consists of 8-inch diameter stainless steel columns connected by horizontal beams to recreate the dimensions and shape of the original outline of the former Pier 52 shed building, measuring 325 feet long by 65 feet wide and approximately 52 feet tall.  The framework will be installed above narrow concrete columns supported by steel pipe piles.  Construction is scheduled to begin in May 2019 and would be completed over a 12-month period, including a 4-month duration for in-water construction activities.

In 2018, the Hudson River Park Act, which created the Park and HRPT, was amended specifically to authorize the Day’s End installation in this location.  The installation is intended to complement the adjacent Whitney Museum of American Art “and, consistent with the Hudson River Park Act, to promote the arts and enhance public open space within the Park with public art that references site-specific cultural and historic aspects of the Hudson River”.
The project site is located within a State-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) – Lower Hudson Reach.  More information regarding this designation and the specific habitat values may be found at:
https://www.dos.ny.gov/opd/programs/consistency/scfwhabitats.html
https://www.dos.ny.gov/opd/programs/consistency/Habitats/nyc/Lower_Hudson_Reach.pdf

The proposed activities would be undertaken within the New York City Waterfront Revitalization Program (WRP) planning area.  As the WRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. More information regarding the WRP and its policies may be found at:
https://docs.dos.ny.gov/opd-lwrp/LWRP/New%20York%20City/IndexAmd2.html

The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York. Or at the following hyperlink https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-1292_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 February 22, 2019.  

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.  Comments can also be submitted electronically via e-mail to:  CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2018-0987
Date of Issuance – February 13, 2019

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 https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0987Losquadro&MoyerBulkhead.pdf

In F-2018-0987, or the “Losquadro & Moyer Bulkhead”, the applicant – Gerri Losquardo & Lynn Moyer– proposes to construct a 79 foot timber navy style bulkhead with a 30 foot return to the west.  The project is located on Great South Bay, at 246 Bayview Walk, in the Town of Cherry Grove, within Fire Island, Suffolk County. The application states purpose of the project is to “protect upland area from raising sea levels and wave action threatening the existing house deck and property”.

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, February 28, 2019.             

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-2018-1265
Date of Issuance – February 13, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2018-1265, the applicant, PWIB Claudio Real Estate, LLC, is seeking permit authorization(s) required to rehabilitate aging, failing bulkheads, dock, decking, and other structural members associated with the operation of an historic dining establishment in the Village of Greenport, Suffolk County.  The site is a commercial waterfront property with dockage and has been continuously operated as a single-family run restaurant (known commonly as Claudio’s Restaurant and Clam Bar) for well over a century.      

New owners, since 2017, are proposing to continue operation as Claudio’s and are seeking permits to perform renovations which will entail necessary safety improvements including replacement of existing failing bulkheads, replacement and upgrades to structural framing components and pilings, and complete removal and replacement of a wooden deck system of the Clam Bar dock at the southeastern water edge of the property.  New structures will be updated to meet today’s industry standards and anticipated loading conditions.

The proposed activities would be undertaken within the Village of Greenport Local Waterfront Revitalization Program (LWRP) planning area.  As the LWRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. More information regarding the LWRP and its policies may be found at: 
https://docs.dos.ny.gov/opd-lwrp/LWRP/Greenport_V/Index.html

The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York. Or at the following hyperlink https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-1265_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 March 15, 2018.       

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.  Comments can also be submitted electronically via e-mail to:  CR@dos.ny.gov.

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


Local Waterfront Revitalization Program



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

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

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

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

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

Removal of expired or repealed New York State statutes include:

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

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

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

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

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

 

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

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


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

State/Local Legal Citation

Date Adopted by the Municipality

Date Effective in State

ADDED:

 

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

Art. 42 of the NYS Executive Law

4/18/2016

5/15/2017

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

 

 


Brownfield Opportunity Areas Program Conformance Review


 


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Public Notices
The Office of Planning and Development is required by state and federal regulations to issue public notices on various activities. See the listing below for more information on the program activities which require public notices.

Consistency Review

The Division of Development reviews the activities of federal agencies which may affect land and water uses and natural resources of New York State's federally defined coastal zone for consistency with the Coastal Management Program and approved Local Waterfront Revitalization Programs. These notices are issued during the course of the Division's review of proposed federal activities. They are issued weekly.


Local Waterfront Revitalization Programs

Prior to approval by the Secretary of State, the Division of Planning issues a 60-day public notice on a community's draft Local Waterfront Revitalization Program. In addition to seeking public comments, this notice indicates that the draft local program has been submitted to the Office for Coastal Management in the U.S. Department of Commerce for review and approval as a change to the State's Coastal Management Program. These notices are issued periodically.


Coastal Management Program Amendments or Routine Changes

The Office of Planning and Development may periodically propose amendments or changes to the State's Coastal Management Program. Public notice will be issued by the Office indicating that a proposed amendment or routine change has been submitted to the Office for Coastal Management of the U.S. Department of Commerce for review and approval and, if necessary, indicate that a public hearing will be held. This notice may be issued for incorporating state designated significant coastal fish and wildlife habitats or scenic areas of statewide significance into the program, modifying the coastal zone boundary, changing the program's coastal policies or their enforceable laws and regulations, or other program revisions. A notice will also be issued by the Office indicating that an amendment or routine change has been approved by the U.S. Department of Commerce and stating the effective date of the amendment or change.

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

 

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

 


Brownfield Opportunity Areas Program Conformance Review

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


Consistency Review

                                                      

New York State Department of State
Public Notice - F-2018-1042
Date of Issuance – December 26, 2018

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York, and are available for review at:

https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-1042ForPN.pdf

In F-2018-1042, Angelo Ingrassia is proposing the installation of a 50 foot long by 4 foot wide dock extension off of an existing 16.5 foot by 10 foot deck, and the installation of a 59 foot long by 28 foot wide roofed covering over a proposed pile-supported boat hoist system, adjacent to the new dock extension. In addition, the applicant proposes to install new vinyl sheet piling refacing directly in front of an existing deteriorating steel sheet piling bulkhead and the installation of protective toe rock at the base of the vinyl sheet piling and to replace wooden deck boards on the existing deck with new thru-flow permeable decking. The worked is proposed at the applicant’s property at 697 Summit Drive, in the Town of Webster, on Irondequoit Bay.

The stated purpose of the of the proposal is to repair the breakwall and construction of a dock for personal watercraft.

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 January 25, 2019.

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000.  Electronic submissions can be made by email at: CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2018-1151
Date of Issuance – January 02, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program. The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York, and are available for review at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-1151_Application.pdf

In F 2018 1151, ELP Greenport Solar, LLC, is proposing to construct a community solar facility at 4407 Route 9, City of Greenport, Columbia County. The stated purpose of the proposed activity is to provide local renewable energy. The federal activity subject to consistency review is the installation of a wetland crossing to support the construction and operation of this facility. A 24-inch diameter HDPE pipe would be installed at an existing trail to maintain hydrologic connectivity between wetlands on either side of the proposed access. Approximately 5 cubic yards of riprap and 32 cubic yards of gravel would be placed within the delineated wetlands. The project has minimized wetland impacts by crossing at the narrowest point.

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, February 1, 2019.

Comments should be addressed to the New York State Department of State, Office of Coastal, Local Government and Community Sustainability, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474 6000; Fax (518) 473 2464.

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

 

New York State Department of State
Public Notice - F-2018-0334
Date of Issuance – January 02, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York, and portions of the application are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0334_GallooWindForPN.pdf

The proposed activities are also the subject of related applications under Articles 10 and VII of the New York State Public Service Law. Additional information on these applications can be found here:

In F-2018-0334, Galloo Island Wind, LLC is proposing the Galloo Island Wind Project and associated necessary infrastructure in the Town of Hounsfield and Village of Sackets Harbor, Jefferson County, and the City of Oswego, Oswego County. The stated purpose of the project is the generation and transmission of renewable energy to the New York State power grid.

Galloo Island Wind, LLC proposes to install and operate up to 30 wind turbines along with associated underground collection lines, access roads, collection substation components, meteorological towers, an operation and maintenance building, and related facilities on Galloo Island, in the Town of Hounsfield. The wind generating facility would have a nameplate generating capacity of 108.9 megawatts (MW). A temporary parking area would be constructed in a portion of Madison Barracks in the Village of Sackets Harbor from which equipment and construction workers would embark to Galloo Island. The project would interconnect to the New York State power grid by constructing an underwater, alternating current (AC) electric transmission cable that would extend approximately 33 miles in Lake Ontario and interconnect near the Mitchell Street Substation in the City of Oswego.

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 February 1, 2019.    

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000.  Electronic submissions can be made by email at: CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2018-1085
Date of Issuance – January 09, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2018-1085, the applicant, Cornell Cooperative Extension (CCE) of Suffolk County, a non-profit organization, is proposing to install a seawater intake system at Cedar Beach County Park in Suffolk County to provide a high quality seawater supply to a new shellfish hatchery at the Suffolk County Marine Environmental Learning Center, 3690 Cedar Beach Road, Town of Southold, NY.  Water will be drawn from the Shelter Island Sound (a/k/a Noyack Bay).  The project is in support of the Long Island Shellfish Restoration Project (LISRP).

The proposed system shall consist of a 3-foot wide by 300 feet long intake pipeline buried approximately 3.5 feet below existing grade extending seaward to a 3-foot wide by 200 foot long jetted intake line made up of four (4) 4 inch diameter plastic pipes buried approximately 3.5 feet below existing grade.  The proposed structures will extend approximately 137 linear feet from the mean low water line into Shelter Island Sound.  Approximately 100-133 cubic yards of material will be excavated and used to refill the trench as the lines are laid out.  Trenching is expected to be completed in a single day.  HDPE line installation will result in approximately 10-15 feet of HDPE line extending out of the bay bottom into the water column at an estimated depth of 10 feet below mean low water.

Operation of the seawater intake lines will see two lines active at any given time.  Calculated peak usage flow rate to supply the hatchery and seasonal ancillary needs would be 550 gallons per minute (gpm).  Year-round operation of the shellfish hatchery will require 50-100 gpm.  Seawater discharged from the hatchery’s oyster settlement tanks and upweller system will discharge into the Cedar Beach Creek and will have passed through thousands of oysters and clams prior to entering Cedar Beach Creek and is expected to have a beneficial impact on water quality in the creek.  The water temperature of the discharge will be lower than the ambient summer water temperature in the creek, potentially mitigating thermal stress and dissolved oxygen issues seasonally experienced by resident marine fauna.

The project site is located within a State-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) – Cedar Beach Point.  More information regarding this designation and the specific habitat values may be found at:
https://www.dos.ny.gov/opd/programs/consistency/Habitats/LongIsland/Cedar_Beach_Point.pdf
https://www.dos.ny.gov/opd/programs/consistency/scfwhabitats.html

The proposed activities would be undertaken within the Town of Southold Local Revitalization Program (LWRP) planning area.  As the LWRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. More information regarding the LWRP and its policies may be found at:
https://docs.dos.ny.gov/opd-lwrp/LWRP/Southold_T/Index.html

The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York. Or at the following hyperlink https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-1085_CCEapp.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., 15 days from the date of publication of this notice or January 24th, 2018.  Project materials may be accessed at https://www.dos.ny.gov/opd/publicNotices/notices.html   
   
Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.  Comments can also be submitted electronically via e-mail to:  CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2018-1144
Date of Issuance – January 16, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2018-1144, the applicant, Greenway Conservancy for the Hudson River Valley, proposes to construct the Albany Hudson Electric Trail (AHET/ the project), a 36 mile long pedestrian and bicycle trail.  The trail will cross through two counties (Rensselaer Co. and Columbia Co.), beginning at the northern end in the City of Rensselaer and ending in the Town of Greenport, approximately 0.5 miles north of the City of Hudson.  The proposed project will be comprised of a combination of off-road trails (utilizing an electric utility corridor owned by National Grid) and on-road bike paths, sidewalks, and sidepaths (utilizing local, county, and state roadways).  The purpose of the AHET is to provide residents and visitors with a new bicycle and pedestrian trail in Rensselaer and Columbia Counties to serve many public benefits for the region and to serve as a key connection for the statewide trail system – The Empire State Trail – a continuous 750 mile bicycling and pedestrian path from New York City to Canada and Buffalo to Albany. 

The proposed trail will encompass approximately 27 miles of off-road and 9 miles of on-road facilities.  Traversing Rensselaer County, the project runs from its point of beginning in the City of Rensselaer, southeast through the Towns of East Greenbush, Schodack, and the Town and Village of Nassau.  The trail then runs southwest through Columbia County, bisecting the Towns of Chatham and Kinderhook, the Villages of Valatie and Kinderhook, and the Towns of Stuyvesant, Stockport, and Greenport before reaching its southern terminus just north of the City of Hudson.  The trail will generally follow a 60 foot wide corridor comprised of both the National Grid right-of-way and roadway corridors.  The National Grid ROW once served as the former Albany-Hudson trolley line.

Construction of trail components will entail installation of the trail surface, site grading, installation of culverts, and small bridges.  Permanent filling impacts to wetlands and streams associated with this work will total 1.921 acres.  A total of 13 streams will be crossed, affecting a total of 854 linear feet of stream channel.  To offset this direct impact of cumulative wetland area loss to fill activities, the applicant proposes to implement a wetland mitigation project at Schodack Island State Park.  This location lies within the same watershed as the trail corridor and has therefore been accepted by regulatory agencies (USACE and NYSDEC) as an appropriate location for wetland mitigation. 

Conceptually, the proposed mitigation project will restore an historic side channel which once connected sections of the Hudson River through Schodack Island.  Schodack Island is now a peninsula, created by the comprehensive filling of riverine and wetland areas between what were once five separate islands.  The proposed mitigation project would create a 10 foot deep and 50 foot wide channel cut of approximately 530 linear feet, restoring flow, tidal influence, and aiming to restore 2.33 acres of wetland habitat.  An estimated 9,800 cubic yards of low elevation upland material would be excavated to accomplish the channel cut.  Enhancement of wetland conditions and vegetative cover along these shorelines will be incorporated into the final mitigation design.  All activities proposed (trail and mitigation project) will be authorized under a U.S. Army Corps of Engineers individual permit.

The section of the Hudson River where the planned mitigation project will take place is within a state-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) –Schodack and Houghtaling Islands and Schodack Creek.  More information regarding this designation and the Schodack Island SCFWH may be found at:
https://www.dos.ny.gov/opd/programs/consistency/scfwhabitats.html

Trail-building activities would be undertaken within two Local Waterfront Revitalization Program (LWRP) planning areas – The City of Rensselaer and the Town of Schodack.  As LWRPs are recognized components of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies.  For LWRP specific information please visit:
https://docs.dos.ny.gov/opd-lwrp/LWRP/Rensselaer_C/Index.html
https://docs.dos.ny.gov/opd-lwrp/LWRP/Schodack_T,%20CasteltonOnHudson_V/Index.html

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or February 15, 2018.  

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.  Comments can also be submitted electronically via e-mail to:  CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2018-1281
Date of Issuance – January 23, 2019

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-2018-1281, The Town of Babylon, Suffolk County, is proposing to utilize the US Army Corps of Engineers’ contractor that is currently dredging Fire Island Inlet to continue to operate an additional 5 days to harvest approximately 50,000 cubic yards of sand for placement at Overlook Beach.

The Town has stated that erosion at the project site has reduced the capacity of the beachfront to support the number of patrons that use the beach, particularly during the summer months during peak demand. The project purpose is to restore and enhance the beachfront area to allow for passive and active recreational uses.

The applicants’ submission can be downloaded at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-1281BabylonFIConsistencyCertification.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., 15 days from the date of publication of this notice or by February 7, 2019.

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000.  Electronic submissions can be made by email at: CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2018-1308
Date of Issuance – January 23, 2019

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-2018-1308, Michael Greenberg and Associates, Judy Cove and Saugatuck River, Westport, CT - is proposing the open-water disposal of approximately 3,461 cubic yards of material at either or both the Central Long Island Sound Disposal Site (CLDS) or Western Long Island Sound Disposal Site (WLDS).

The applicants’ submission can also be downloaded at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-1308GreenbergConsistencyCertification.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 by February 7, 2019.

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000.  Electronic submissions can be made by email at: CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2018-1341(DA)
Date of Issuance – January 23, 2019

The New York State Department of State (DOS) is required by Federal law to provide timely public notice for the activity described below, which is subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

            The United States Army Corps of Engineers 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 consistency determination and accompanying public information and data is 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-2018-1341 (DA), The US Army Corps of Engineers, New England District has submitted a consistency determination for the proposed New Haven Harbor Navigation Improvement Project. Approximately 4,322,200 CY of material will be generated through the widening and deepening of the existing harbor channels. Several beneficial use alternatives will be utilized for about half of the material while the remainder will be placed at the Central Long Island Sound Disposal Site (CLDS).

The Corps’ consistency determination can be found at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-1341(DA)-ConsistencyDetermination.pdf

And more information on the proposal can be found on the Corps’ website at: https://www.nae.usace.army.mil/Missions/Projects-Topics/New-Haven-Harbor/

            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, Thursday, February 7, 2019.

            Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Avenue, Suite 1010, Albany, New York 12231.  Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made at: CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2018-0922
Date of Issuance – January 23, 2019

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 https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0922MitchellPier.pdf

In F-2018-0922, or the “Mitchell Pier and Boat Lift”, the applicant – William Mitchell – proposes to construct a 4 feet wide by 130 feet long pier and a four pole boat lift. The purpose of the proposed project is to provide “safe mooring of a recreational vessel”.  The project is located at 35 Captree Island in the Town of Babylon, Suffolk County on the Great South Bay.

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, February 7, 2019.               

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-2018-0897
Date of Issuance – January 23, 2019

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 https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0897SuydamMulti-levelPier.pdf

In F-2018-0897, or the “Suydam Multi-level Fixed Pier”, the applicant – John Suydam – proposes to construct a multi-level fixed pier with two PWC lifts and a boat lift. The proposed includes a 5’3” by 6’11” landing, stairs leading to a 4’ by 48’ fixed pier, stairs leading to a 4’ by 25’ lower platform and three steel tie off piles. Two PWC lifts are proposed with access platforms mounted to the lift. The application states “the purpose of using steel piles is to protect against deflection and uplift caused by ice conditions in the bay. The purpose of the proposed lower level of the fixed pier is to provide safe embarking and disembarking from any tied-off floating vessel. The purpose of the proposed boatlift and PWC lifts is to provide for safe berthing during low tide and periods of significant wave activity.” The project is located at 35 Peconic Avenue in the Town of Southampton, Suffolk County on the Little Peconic Bay.

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, February 7, 2019.               

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-2018-1292
Date of Issuance – January 23, 2019

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2018-1292, the applicant, Whitney Museum of American Art (WMAA) in close coordination with the Hudson River Park Trust (HRPT), is seeking authorizations to erect the Day’s End Public Art Installation (“the installation”) at the Gansevoort Peninsula within Hudson River Park at the end of Gansevoort Street in the borough of Manhattan.  The proposed public art installation would be a sculpture located partially within the Hudson River and partially on the shoreline of the Gansevoort Peninsula and would be consistent with the historic footprint of the former Pier 52.  Day’s End is a site-specific, skeletal, stainless steel structure without walls or floors.  The sculpture consists of 8-inch diameter stainless steel columns connected by horizontal beams to recreate the dimensions and shape of the original outline of the former Pier 52 shed building, measuring 325 feet long by 65 feet wide and approximately 52 feet tall.  The framework will be installed above narrow concrete columns supported by steel pipe piles.  Construction is scheduled to begin in May 2019 and would be completed over a 12-month period, including a 4-month duration for in-water construction activities.

In 2018, the Hudson River Park Act, which created the Park and HRPT, was amended specifically to authorize the Day’s End installation in this location.  The installation is intended to complement the adjacent Whitney Museum of American Art “and, consistent with the Hudson River Park Act, to promote the arts and enhance public open space within the Park with public art that references site-specific cultural and historic aspects of the Hudson River”.
The project site is located within a State-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) – Lower Hudson Reach.  More information regarding this designation and the specific habitat values may be found at:
https://www.dos.ny.gov/opd/programs/consistency/scfwhabitats.html
https://www.dos.ny.gov/opd/programs/consistency/Habitats/nyc/Lower_Hudson_Reach.pdf

The proposed activities would be undertaken within the New York City Waterfront Revitalization Program (WRP) planning area.  As the WRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. More information regarding the WRP and its policies may be found at:
https://docs.dos.ny.gov/opd-lwrp/LWRP/New%20York%20City/IndexAmd2.html

The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York. Or at the following hyperlink https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-1292_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 February 22, 2019.  

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.  Comments can also be submitted electronically via e-mail to:  CR@dos.ny.gov.

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


Local Waterfront Revitalization Program



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

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

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

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

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

Removal of expired or repealed New York State statutes include:

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

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

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

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

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

 

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

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


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

State/Local Legal Citation

Date Adopted by the Municipality

Date Effective in State

ADDED:

 

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

Art. 42 of the NYS Executive Law

4/18/2016

5/15/2017

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

 

 


Brownfield Opportunity Areas Program Conformance Review