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-2018-1371
Date of Issuance – April 17, 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-2018-1371, Margaret Gannon is proposing a 4’x 60’ pier section by (12) 12”x 25’ timber piles driven to refusal. Also proposed is the relocation of an existing 8’x 20’ mooring float to the end of the pier. The project is located on Island Park Harbor at 18 Norfolk Road, Island Park, NY 11558.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-1371Gannon.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 May 17, 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-2019-0255(DA)
Date of Issuance – April 17, 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-2019-0255 or the “Regional General Permit”, the applicant is U.S. Army Corps of Engineers New York District.  The District Commanders, U.S. Army Corps of Engineers (USACE) New York District, is proposing to issue a Regional General Permit (RGP), which would authorize emergency response with storm recovery activities in regulated waters in New York State in the following counties (DEC Regions 1 and 2): Suffolk, Nassau, Queens, Kings, New York, Richmond, and Bronx and also applicable for properties abutting the Hudson River up to River Mile 100 within the following counties (DEC Region 3): Westchester, Rockland, Ulster, Orange, Putnam, and Dutchess.  This RGP would replace the NYDGP-15 expiring on April 18, 2019.  Any further information regarding the USACE public notice can be found at: https://www.nan.usace.army.mil/Portals/37/docs/regulatory/publicnotices/Non%20Project%20Specific/2019/PN%20NAN-2019-00051-ESW.pdf?ver=2019-03-22-123723-590

The applicant’s consistency certification and supporting information are available for review at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0255_RGP_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, May 17, 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-2018-1312
Date of Issuance – April 17, 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-2018-1312 or the “Claxton House LLC Dock”, the applicant Claxton House LLC, is proposing the construction of a 4’ x 20.5’ fixed dock.  In addition, the removal of 393 square feet of Phragmites and replanted with native vegetation.  The project is located at 8 John Street in the Village of Sag Harbor, Suffolk County on the Otter Pond Creek.                                                                   

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-1312_Claxton_House_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, May 17, 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.


New York State Department of State
Public Notice - F-2019-0012
Date of Issuance – April 17, 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-2019-0012 or the “Monahan Dock”, the applicant Tim and Ann Marie Monahan, is proposing the installation of a 4’ x 55’ catwalk to a 2.5’ x 20’ ramp to a 6’ x 24’ float.  This project is located at 133 Woodbine Avenue in the Village of Northport, Suffolk County on the Northport Harbor

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0012_Monahan_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, May 24, 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-2019-0017
Date of Issuance – May 01, 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-2019-0017, Scott Schlesinger & Ann Marie Santarseri propose to reconstruct 145 feet of an existing bulkhead. Also extend the dock 56 feet and construct a 3 foot by 14 foot with an 8 foot by 20 foot floating dock. The project is located at 11 Montclair Avenue, Shelter Island, NY 11964, on the West Neck Harbor.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0017Schlesinger.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 May 31, 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.

 

New York State Department of State
Public Notice - F-2019-0277(DA)
Date of Issuance – May 01, 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-2019-0277 (DA), U.S. Army Corps of Engineers (COE/Buffalo) is proposing repairs to the Rochester Harbor East Pier. Repair to the central portion of the east pier (between Stations 62+49 and 72+71) including installation of approximately 1,022 LF of hotrolled steel sheeting along each side (interior channel side and lake side) of the east pier and installation of a new 25-foot-wide reinforced concrete cap. The concrete cap will be supported on the new steel sheet pile walls aligned approximately 2 feet outside each edge of the existing old pier structure. The project is located on Lake Ontario at the outlet of the Genesee River, Rochester, NY.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0277(DA)USACOE-Buffalo.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 May 31, 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-2019-0010
Date of Issuance – May 01, 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-2019-0010, Erin Argo is proposing to construct a new 88’x 4’ dock with thruflow decking. Installing a 3’x 10’ aluminum removable ramp. Also proposing a 6’x 20’ floating dock with non-pressure treated decking with two sets of batter pilings at 8” diameters each. The project site is located at 1300 Broadwater Road, Cutchogue, NY 11935 in Suffolk County on Broadwater Cove.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0010Argo.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 May 31, 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-2019-0199
Date of Issuance – May 08, 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-2019-0199SchembriRamp&Float.pdf

In F-2019-0199, or the “Schembri Residential Ramp and Float”, the applicant Frank Schembri – propose to construct a three foot by eighteen foot ramp, an eight foot by twenty foot float and two mooring piles. The applicant proposes to install a double jet ski lift off of the existing bulkhead. The stated purpose of the project is to “enhance recreational mooring at private residence”. The project is located at 11 Virginia Avenue in the Town of Long Beach, Nassau County on Reynolds Channel.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, June 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-2019-0051
Date of Issuance – May 08, 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-2019-0051 or the “Grassi -Kranz Dock Extensions and Dredging”, the applicants Francis Grassi & Brad Kranz, are proposing the extension of two docks to deeper water over shallow shale stone bottom and to dredge 1 foot down in areas around the docks.  Dredged material will be deposited upland on-site. The dock extensions will be supported on drilled steel pilings filled with concrete. This project is located at 16649 Jackson Lane and 16635 Jackson Lane in Clayton, Jefferson County on the St. Lawrence River.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0051_Grassi_Kranz_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, June 7, 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-2019-0028
Date of Issuance – May 08, 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-2019-0028WestWaterStreetResidentialDevelopment.pdf

In F-2019-0028, or the “West Water Street Residential Development”, the applicant, Sag Harbor Development Holdings proposes to subdivide the subject property into two tax parcels. One of the two parcels is in the process of submission to the Village of Sag Harbor for a proposed waterfront public park. On the remaining parcel, the applicant proposes the demolition of an existing vacant three story residential building and the redevelopment of a three unit residential condominium with partial subgrade parking and associated amenities. The remnants of the existing former docking facility will be replaced with a new six-slip dock and portions of the existing revetment will be replaced with a new bulkhead. A net 537± square foot increase of tidal wetlands/waters of the United States will occur as a result of the proposed action. The project is located at 2 West Water Street and 1,3 and 5 Ferry Road, in the Village of Sag Harbor, Suffolk County. The application states purpose of the project is to “redevelop an unoccupied and underutilized waterfront site containing vacant and dilapidated buildings with a new residential use and associated amenities. A further purpose is to improve flood and erosion controls at the site through replacement of portions of an existing dilapidated revetment with a new bulkhead.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, June 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-2019-0382
Date of Issuance – May 15, 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-2019-0382, EVW,LLC proposes to construct a recreational dock. Structures shall include a 140'x4' fixed open-grate catwalk, 4'x 6.5' stair access, aluminum ramp (4'x20'), and float dock (6'x20') constructed to a "T". Project also proposes a mowed path through naturally vegetated buffer for access to catwalk (approximately 150' x 4').  The project is located at Admiral’s Court Lot #7, East Moriches, NY  11940 in Suffolk County on Harts Cove.

The applicant’s consistency certification and supporting information are available for review at:
http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0382EVWLLClot7.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 June 14, 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-2019-0381
Date of Issuance – May 15, 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-2019-0381, EVW,LLC proposed to construct a recreational dock. Dock structures shall include a 4'x210' fixed catwalk, 4'x6.5' stair access, aluminum ramp (4'x20'), and float dock (6'x20') constructed to a "T". Project also proposes a mowed path through naturally vegetated buffer for access to catwalk (approximately 125'x4').  The project is located at Admiral’s Court Lot #6, East Moriches, NY  11940 in Suffolk County on Harts Cove.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0381EVWLLClot6.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 June 14, 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-2019-0380
Date of Issuance – May 15, 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-2019-0380, EVW,LLC is proposing to construct a 4’x 170’ wide fixed catwalk with stair access, ramp, and float. A 4 foot mowed path to stairs to access fixed catwalk from the landward edge of buffer to landward wetland boundary is also proposed. The project is located at Admiral’s Court Lot #5, East Moriches, NY  11940 in Suffolk County on Harts Cove.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0380EVWLLClot5.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 June 14, 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-2019-0184
Date of Issuance – May 15, 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-2019-0184 or the “Caruso Dock Reconstruction”, the applicant, Michael Mainland, is proposing reconstruction 20’ x 30’ storm damaged- pile supported over water fixed platform within footprint of original platform, replace original 8’ x 32’ floating head dock and 3’ x 20’ gangway, and installation of a 8-pile (40,000 lb.), a new 4-pile lift, and a 2-pile personal watercraft lift. This project is located at 571 East Bay Drive, Long Beach 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-2019-0184_Caruso_Dock_Rec_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, June 14, 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.


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