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

Consistency Review

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


Local Waterfront Revitalization Programs

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

  • There are no public notices at this time.

Coastal Management Program Amendments or Routine Changes

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

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

 

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

 


Brownfield Opportunity Areas Program Conformance Review

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


Consistency Review

 

 

New York State Department of State
Public Notice - F-2018-0414
Date of Issuance – July 18, 2018

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.
 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York and are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0414_Application.pdf

In F-2018-0414, Mr. Patrick O’Brien is proposing to construct a new dock in Little Bay at 27 View Drive in the Town of Brookhaven, Suffolk County. The proposed open grate fixed dock would be 4-foot by 68-foot fixed pier with a 3-foot by 36-foot ramp, leading to a 6-foot by 24-foot float. The total length of the structure extends approximately 114 linear feet past mean low water. The fixed pier would span vegetated tidal wetlands. The float would be exposed during low water and would be chocked 2.5 feet above the bottom to prevent the float from sitting on the bay bottom. Elements of the proposed activity have been modified since the initial submission as noted in the public information available for review.
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 August 17, 2018.      
Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN:  Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000.  Electronic submissions can be made by email at: CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2018-0552
Date of Issuance – August 1, 2018

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

A federal agency has determined that the proposed activity complies with and will be conducted in a manner consistent to the maximum extent practicable with the approved New York State Coastal Management Program.  The agency's consistency determination and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York and at the following web address: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0552_PN_Material.pdf

In F-2018-0552 (DA) The United States Army Installation Management Command at US Army Garrison, West Point proposes the North Dock Renovation Project: an action to install rip rap, renovate an existing bulkhead and renovate an existing helicopter landing pad at the North Dock location.  The project is located in the vicinity of Pitcher and Howard Rd on the grounds of the US Military Academy at West 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., 15-days from the date of publication of this notice, or, August 16, 2018.                

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

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

 

New York State Department of State
Public Notice - F-2018-0403
Date of Issuance – August 1, 2018

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

 The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program.  The applicant's consistency certification and accompanying public information and data are available for inspection on the New York State Department of State’s website at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0403BortnickSeasonalDock.pdf

In F-2018-0403, or the “Bortnick Seasonal Dock, Boat Lift & PWC Lift”, the applicant – Edward Bortnick – is proposing to install a 4’ wide by 24’ long seasonal dock. In addition, the applicant proposes to install a boat lift and a PWC lift. The project is located off Lincoln Avenue in the Village of Waddington, St. Lawrence County, New York on Little Sucker Brook. The stated purpose of the project is to provide a premade aluminum seasonal dock with boat and PWC lift.

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, August 16, 2018.                 

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

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

 

New York State Department of State
Public Notice - F-2018-0675
Date of Issuance – August 1, 2018

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

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

In F-2018-0675, the applicant, New York City Department of Parks and Recreation (NYC Parks) proposes to construct and establish a new trail connecting Jamaica Bay Park to the adjacent Bayswater Point State Park, providing connectivity and improving access to each for the public.  The project is intended to provide an estimated 3,000 linear feet of foot trail across a 6 foot wide trail corridor traversing natural shoreline and coastal maritime forest areas along Jamaica Bay and Mott Basin.  Additional work includes the removal of invasive terrestrial species and planting of native vegetation.  Limited tree removal will be conducted.  All work will be accomplished by NYC Parks in cooperation with the Natural Areas Conservancy (NAC) and qualified staff and volunteers from the Student Conservation Association (SAC).

The proposed activities would be undertaken within the New York City Waterfront Revitalization Program (WRP) planning area.  As the WRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. 
Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice or August 16, 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-2018-0653
Date of Issuance – August 1, 2018

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

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

In F-2018-0653, the applicant, New York City Department of Design and Construction (NYC DDC) proposes Capital Project SE-853:  High Level Storm Sewer in Fresh Creek Basin Area – Phase 2A, Borough of Brooklyn, Kings County, NY.  This work involves the installation of a high-level storm sewer (HLSS) system, HLSS outfall, as well as the replacement of existing or installation of new separate storm sewers, combined sewers, sanitary sewers, and water mains in the East New York neighborhood.  The local combined sewer system is frequently unable to handle the volume of stormwater it receives during storm events and the lack of hydraulic capacity contributes to Combined Sewer Overflow (CSO) discharges into Fresh Creek, a tidal inlet of Jamaica Bay.  Capital Project SE-853 is part of the implementation of a larger drainage plan to improve stormwater collection and conveyance in the Starrett City, New Lots, East New York, and Canarsie neighborhoods of Brooklyn and would reduce CSO discharges to Fresh Creek and, in turn, would improve water quality.

In addition to the utility work described above, the proposed project would include the removal of rubble and debris, removal of invasive species from an approximately 37,107 square foot area of uplands along Fresh Creek Basin and planting of native tidal wetland vegetation and coastal upland species as part of a tidal wetland restoration and mitigation project.  The restoration will improve the condition and overall quality of wetland habitat on the southwestern shoreline of Fresh Creek Basin.

The proposed activities would be undertaken within the New York City Waterfront Revitalization Program (WRP) planning area.  As the WRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. 
Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice or August 16, 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-2018-0050
Date of Issuance – August 1, 2018

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

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

In F-2018-0550, Spring Creek South – Resilience and Ecosystem Restoration Project, the applicant, New York State Department of Environmental Conservation (NYS DEC) proposes long-term coastal storm risk reduction and ecological restoration at a largely undeveloped and ecologically degraded site which borders the Old Mill Creek to the west and Jamaica Bay to the south.  The 237 acres site is directly adjacent and west of the Howard Beach neighborhood and encompasses lands of the Gateway National Recreation Area (NPS) lands, as well as property of NYC Dept. of Parks and Recreation and NYC Dept. of Transportation.  The project aims to manage the risk of flooding related to coastal and tropical storms, hurricanes, and future sea level rise at the site and the surrounding Howard Beach neighborhood using an ecological approach.  The project will be funded through a grant to the NYS DEC through FEMA’s Hazard Mitigation Grant Program (HMGP). 

Ecological communities identified within the Spring Creek South Project Area (site) include urban meadow, maritime forest, maritime grassland and shrubland, high marsh estuarine wetland, low marsh estuarine wetland, and freshwater wetland.  Urban meadow is the predominant plant community, representative of anthropogenic disturbance and comprising much fill material, paths and trails, debris, and invasive common reed (Phragmites australis) and mugwort (Artemisia vulgaris).

Proposed changes to the site include invasive plant removal, excavation and removal of solid waste, placement of clean cover material, grading and berm construction, and installation and monitoring of native plant communities.  Excavation along the shoreline will allow for the influx of tidal waters to support tidal marsh hydrology.  Clean topsoil of primarily sandy loam will be placed to create appropriate elevations with approximately 21,000 cubic yards (or 13 acres) of the cover material below ordinary high water.  The anticipated elevations will reflect historical elevations of the site prior to historic fill activities.

The project design aims to create 6 acres and restore 7 acres of low marsh, create 13 acres and restore 14 acres of high marsh, create 127 acres and restore 8 acres of maritime grassland and shrubland, create 31 acres and restore 16 acres of maritime forest, and create 6 acres and restore 1 acre of freshwater wetland, while eliminating 188 acres of urban meadow.

It is anticipated that the establishment of a forested wetland community will increase the storage of stormwater runoff from on the site and the adjacent neighborhood, filter it, and direct flow toward Jamaica Bay.  In summary, these measures will dissipate wave energy, create habitat, increase shoreline resilience, and improve stormwater management at the site with long-term water quality benefits to Jamaica Bay.

Plans include construction of a berm, 18’ in elevation with a 50’ crest berm width and slopes meeting surrounding grades, at the south facing shoreline, east of Cross Bay Blvd.  A 15’ wide path on the crest will be built atop to accommodate emergency vehicle access and public, ADA compliant beach access with parking and three access points provided along 165th Avenue and 78th Street.  The berm will include its own drainage system with flap gates to Jamaica Bay.  A vegetated rip rap revetment will be placed to address shoreline instability and erosion across 1 acre situated on “the point”, in line with and to the west of the berm.

The proposed activities would be undertaken within the New York City Waterfront Revitalization Program (WRP) planning area.  As the WRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. 
Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice or August 16, 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-2018-0444
Date of Issuance – August 8, 2018

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

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

https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0444ForPN.pdf

Peter Goodman is proposing to place two layers of 2-3 ton stone along the ~99 linear feet of Lake Ontario shoreline. The proposed activity will involve excavating an ~2-3’ deep trench to key in the first layer of stone. Geotextile fabric will be used under the stone to prevent erosion under the rock. The second layer of stone will be placed on top of and landward or the first layer to create a 1:2 slope. The proposal is for a property owned by Peter Goodman at 8866 Crescent Beach in the Town of Huron, Wayne County. The proposed action would occur within an area designated as Coastal Erosion Hazard Area (CEHA) and with the Town of Huron’s Local Waterfront Revitalization Program (LWRP).

The stated purpose of the proposed activity is to control and prevent erosion of property related to high water on Lake Ontario and to protect a septic tank and leach field on the property.

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 August 23, 2018.                  

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

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

 

New York State Department of State
Public Notice - F-2018-0507
Date of Issuance – August 8, 2018

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

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

https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0507ForPN.pdf

Air Products and Chemicals Inc. is seeking the Department of State’s concurrence for ~1,700 square feet of structural fill placed within a federally regulated forested wetland. The structural fill is a portion of a larger storm water management system associated with the expansion of an existing industrial facility. The project is at Air Products and Chemicals Inc., Glenmont, New York Facility located at 461 River Road within the Town of Glenmont, Albany County.

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 August 23, 2018.                  

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

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

 

New York State Department of State
Public Notice - F-2018-0178
Date of Issuance – August 8, 2018

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

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

https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0178ForPN.pdf

Samuel Colvin is proposing replace an existing 165 linear feet of rail road tie breakwall with 190 linear feet of new steel break wall at his property at 14892 West Bay Road on Little Sodus Bay.

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., 10 days from the date of publication of this notice or August 18, 2018.                  

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

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

 

New York State Department of State
Public Notice - F-2018-0561(DA)
Date of Issuance – August 15, 2018

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.
 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.
In F-2018-0561, the applicant, U.S. Fish and Wildlife Service (USFWS) proposes to commence Phase 1 of a stream habitat enhancement project in the Town of Richland, Oswego County, NY.  The USFWS is working with the New York State Department of Environmental Conservation (NYS DEC) and private landowners, under its Partners for Fish and Wildlife Program, to enhance stream habitat along several reaches in the Salmon River.  
The project would involve the placement of numerous in-stream habitat structures, including, but not limited to toe-wood structures, W-weirs, root wad placement, as well as riparian plantings.  The objective is to add large woody structure to the river and adjacent floodplains to accelerate the recovery of natural stream processes toward a more productive, resilient, and self-sustaining aquatic ecosystem.  The project addresses issues of degraded aquatic habitat, unimproved fisheries access and trails, and reduction of excessive streambank erosion. 
The proposed activities are in accord with the Lower Salmon River Restoration and Recreation Enhancement Plan which defines management activities on the Lower Salmon River State Forest for the 10-year duration of the plan.  The Plan focuses on proposals to implement in-stream river restoration and trail development/ enhancement projects to improve aquatic habitat, angler access, and protect natural resources. 
This Phase 1 project has previously been reviewed under a NYS DEC Division of Fish and Wildlife Programmatic Environmental Impact Statement (PEIS).  The project is funded by DEC’s allocation of $500,000 of Lake Ontario Sportfishing Restoration Natural Resource Damages funds.  U.S. Fish and Wildlife Service (USFWS) experts have designed the Phase 1 structures to be installed from the Lighthouse Hill Reservoir to the Ellis Cove area.  Additional work is anticipated for the reach from Ellis Cove, downstream to the Village of Pulaski as funds become available.  USFWS will provide construction oversight for all work through all phases.
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 August 30, 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-2018-0257
Date of Issuance – August 15, 2018

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.
 The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent practicable with the federally approved New York State Coastal Management Program (NYSCMP).  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.
In F-2018-0257, the applicant, Triborough Bridge and Tunnel Authority proposes to perform repairs and replace portions of the Cross Bay Veteran’s Memorial Bridge’s (Jamaica Bay, Queens, NY) existing fendering systems, necessary for vessel and bridge safety, including the replacement of thirty-seven (37) timber tripod dolphins.  Additionally, the installation of stone riprap at the base of ten (10) of the bridge’s piers in the Jamaica Bay is proposed to prevent scour from large storm events.  If left untreated, scour around the bridge’s foundation would lead to bridge instability as shown by examination of existing scour conditions and modeling in accordance with Federal Highway Administration (FHWA) methodologies.  No vegetated wetlands will be impacted as a result of the proposed measures, however 0.60 acres of sandy bottom habitat would be covered with stone riprap. 
The project is located within the New York City Waterfront Revitalization Program (WRP) planning area and proposed activities are subject to evaluation under the policies and purposes of the federally approved program.  The project is also located within the State-designated Significant Coastal Fish and Wildlife Habitat of Jamaica Bay.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 August 30, 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-2018-0559(DA)
Date of Issuance – August 15, 2018

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-2018-0559 (DA), The US Army Corps of Engineers, New York District has submitted a consistency determination for the proposed maintenance dredging of the Long Island Intracoastal Waterway at Moriches Bay segment north of Moriches Inlet. Approximately 110,000 CY of material will be removed from the channel running perpendicular to the inlet, with subsequent placement along the shoreline at Smith Point County Park, with a 10,000 - 20,000 CY upland stockpile. The proposed work would likely be performed with a pipeline dredge (cutterhead). It is anticipated that the work will be performed during the fall to winter of 2018/2019.

More information on the proposal can be found at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0559(DA)-ConsistencyDetermination.pdf

            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, August 30, 2018.

            Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Avenue, 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-2018-0611(DA)
Date of Issuance – August 15, 2018

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-2018-0611 (DA), The US Army Corps of Engineers, New York District has submitted a consistency determination for the proposed maintenance dredging of the Fire Island Inlet and Deposition Basin. Approximately 2,100,000 CY of material will be removed from the channel with subsequent placement along the shoreline at Gilgo Beach, Suffolk County.

More information on the proposal can be found at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0611(DA)-ConsistencyDetermination.pdf

            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, August 30, 2018.

            Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Avenue, 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-2018-0647(DA)
Date of Issuance – August 15, 2018

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 Coast Guard 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-2018-0647 (DA), The United States Coast Guard has submitted a consistency determination for the maintenance and repair at Brown Pier C, 1 South Street #115a, New York, NY. The existing access bridge will be demolished. A new 4 foot by 62 foot gangway will span the gap between Pier C and the upland parking lot and the pier will be resurfaced with concrete. Repairs to the parking lot will consist of filling the sinkholes behind the bulkhead.

More information on the proposal can be found at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0647(DA)-ConsistencyDetermination.pdf

            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, August 30, 2018.

            Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Avenue, 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-2018-0648(DA)
Date of Issuance – August 15, 2018

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 Coast Guard Academy have 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-2018-0648 (DA), The United States Coast Guard Academy has submitted a consistency determination for the proposed dredging of the existing port facility with subsequent open-water disposal of approximately 6,435 cubic yards of dredged material at the Central Long Island Sound Disposal Site in Long Island Sound (CLDS).

More information on the proposal dredging and disposal of the material in Long Island Sound can be found at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0648-ConsistencyDetermination.pdf

            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, August 30, 2018.

            Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Avenue, 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-2017-0792
Date of Issuance – August 15, 2018

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

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

In F-2017-0792, The Village of Port Chester has applied to the U.S. Army Corps of Engineers for a permit for the proposed repair of 1,600 linear feet of bulkeading in-place or landward, the installation of a pedestrian bridge, cantilevered walkways and various upland park improvements. Byram River, Village of Port Chester, Town of Rye, Westchester County.

The Village’s consistency certification and application materials can also be downloaded at:  https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2017-0792-ConsistencyCertification.pdf                                                              

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or by Friday, September 14, 2018.

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

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

 

New York State Department of State
Public Notice - F-2018-0276
Date of Issuance – August 15, 2018

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

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

In F-2018-0276, The Town of Brookhaven has proposed restoration/reconstruction of the East and West Jetties at Mt. Sinai Harbor. The East Jetty repair involves rehabilitation of the entire 535 linear feet (lf) of the existing structure with the excavation of 7,000cubic yards (cy) of stone and placement of 11,250 cy of stone to an elevation of EL 10' (NAVD88). The West Jetty repair involves rehabilitation of the entire 645 lf of the existing structure with the excavation of 9,000 cy of stone and the placement of 15,167 cy of stone to EL 10' (NAVD88). Mt. Sinai Harbor, Town of Brookhaven, Suffolk County.

The Village’s consistency certification and application materials can also be downloaded at:  https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0276-ConsistencyCertification.pdf                                                             

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or by Friday, September 14, 2018.

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

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

 

New York State Department of State
Public Notice - F-2018-0676
Date of Issuance – August 15, 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 fully 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-2018-0676, American Sugar Refining, Inc. (ASR) has applied to the US Army Corps of Engineers for permits for proposed 10-year annual maintenance dredging at the existing facility to maintain navigational clearance as well as access to the site for future installation and maintenance of a wedgewire screen structure associated with the facilities’ anticipated SPDES renewal. Approximately 100,000 cubic yards is proposed to be dredged annually and placed at the HARS. Hudson River, City of Yonkers, Westchester County.

The applicant’s consistency certification and application materials can also be downloaded at:  https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0676-ConsistencyCertification.pdf                                                                

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or by Friday, September 14, 2018.

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

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


Local Waterfront Revitalization Program



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

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

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

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

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

Removal of expired or repealed New York State statutes include:

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

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

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

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

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

 

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

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


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

State/Local Legal Citation

Date Adopted by the Municipality

Date Effective in State

ADDED:

 

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

Art. 42 of the NYS Executive Law

4/18/2016

5/15/2017

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

 

 


Brownfield Opportunity Areas Program Conformance Review


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

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

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

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

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

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